Agenda 09/25/2001 R
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
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AGENDA
September 25, 2001
NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST
REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY
MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE
ADDRESSED.
COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL,
BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED
TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH
THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS
DEPARTMENT.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS
AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY
MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE
HEARD UNDER "PUBLIC PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED
A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY
NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE
APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES
UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN.
IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN
ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST
TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE
COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301
EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (941) 774-8380; ASSISTED
LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
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September 25, 2001
1. INVOCATION AND PLEDGE OF ALLEGIANCE
2. AGENDA AND MINUTES
A. Approval of today's regular, consent and summary agenda as amended
3. PROCLAMATIONS
A. TIME CERTAIN 12:00 NOON. Proclaiming Tuesday, September 25, 2001 as
"Naples Braves Softball Recognition Day".
B. Proclaiming the week of October 7-13, 2001 be designated as "National 4-H
Week".
C. Proclamation recognizing the Collier County Planning Staff and the Select
Committee as the recipients of the prestigious Florida Chapter of the
American Planning Association Award of Excellence for the Community
Character Plan for Collier County, Florida.
4. SERVICE AWARDS
Five Year Attendees:
1) Michael Cumm, Wastewater Collections
2) Pedro Rodriguez, Road and Bridge
3) Beverly Fields, EMS
4) James Wiggins, Utility Franchise
5) Diana Compagnone, Planning Services
6) Karen Arnold, Public Information
7) Jeffery Coar, EMS
Fifteen Year Attendees:
8) Edward Morad, Jr., Code Enforcement
9) Jacinto Cervantes, Parks and Recreation
10) Constance Johnson, Community Development
11) William Flynn, Transportation Engineering
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September 25, 2001
12) James Gammell, Wastewater Collections
13) William Bryant, Graphics Department
Twentv Year Attendee:
14) Harold Huber, Parks and Recreation
5. PRESENTATIONS
A. This item has been deleted.
B. Presentation of the Annual Telly Award to the Department of Public
Information.
C. Recommendation to recognize Don Jeffery, Community Center Aide, as
Employee of the Month for August 2001.
D. Recommendation to recognize Don Blalock, Technical Professional,
Community Development, as Employee of the Month for September 2001.
E. Presentation to the Board of County Commissioners by State Senator Burt
Saunders and State Representative Dudley Goodlette of a Grant Award in the
amount of $130,328.00 from the Department of Environmental Protection for
the Immokalee Airport Park.
F. Presentation to Denise Kirk and Jim Royce for achieving the Golden Web
Award for the Recycling website.
6. PUBLIC PETITIONS AND COMMENTS ON GENERAL TOPICS
A. Public Comments on General Topics.
B. Public Petition request regarding Malibu Lakes PUD.
7. BOARD OF ZONING APPEALS
A. This item reauires that all carticicants be sworn in and ex carte disclosure be
crovided bv Commission members. CU-01-AR-1156, Robert L. Duane of Hole
Montes, Inc. representing Collier County Public Works (Utilities) Department,
requesting a Conditional Use for an essential service within the Rural
Agriculture Zoning District to allow for an expansion of the South County
Water Reclamation Operation for property located on the West side of
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September 25, 2001
Wildflower Way and the East side of Warren Street, in Section 20, Township 50
South, Range 26 East, Collier County, Florida.
B. THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11. 2001 BCC
MEETING. This item reauires that all DarticiDants be sworn in and ex Darte
disclosure be Drovided by Commission members. Petition V A-01-979,
Terrance L. Kepple, PE, representing Shader-Lombardo Properties, LLC,
requesting an after-the-fact variance of 12.1 feet from the distance between
structures requirement as provided for in the Vanderbilt Villas PUD from 20
feet to 7.9 feet for property located at 515 Roma Court and Lot 22, in Section
21, Township 48 South, Range 25 East, Collier County, Florida.
8. ADVERTISED PUBLIC HEARINGS
A. This item has been deleted.
B. This item reauires that all DarticiDants be sworn in and ex Darte disclosure be
Drovided by Commission members. Petition RZ-01-AR-823, Mr. Tim Hancock
of Vanasse and Daylor, LLP, representing the Sunset LLC, requesting a
rezone from "GC" Golf Course to the "RSF-4" Residential Single Family
Zoning District to allow for a maximum of 12 single family dwelling units for
property located at the Northeast end of Forest Hills Boulevard, in Section 19,
Township 50 South, Range 26 East, Collier County, Florida, consisting of 3.51
acres more or less.
C. THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23. 2001 BCC MEETING.
PUD-2000-21, Robert L. Duane, A.I.C.P., of Hole Montes, Inc., representing
Robert Vocisano and Angelo Favretto, requesting a rezone from "A" Rural
Agricultural to "PUD" Planned Unit Development to be known as Terafina PUD
for a maximum of 850 residential dwelling units, golf course, clubhouse, and a
maximum of 40,000 sq. ft. of Neighborhood Village commercial retail uses, for
property located approximately 1.5 miles East of 1-75, one mile North of
Immokalee Road (C.R. 846), in Section 16, Township 48 South, Range 26 East,
Collier County, Florida consisting of 646.5+ acres.
D. THIS ITEM IS BEING CONTINUED TO THE OCTOBER 23. 2001 BCC MEETING.
Consolidate the Utility Standards and Procedures Ordinance.
E. THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11. 2001 BCC
MEETING. This item reauires that all DarticiDants be sworn in and ex Darte
disclosure be Drovided bY Commission members. Petition PUD-2001-432
Karen Bishop of PMS, Inc. of Naples, representing Kenco Development Inc.,
requesting a rezone from "PUD" Planned Unit Development and "A" Rural
Agricultural to "PUD" Planned Unit Development known as Indigo Lakes PUD
to be known as Indigo Lakes PUD for the purpose of Increasing acreage from
140.85 acres to 181.37 acres and reducing density from 3.14 to 2.43 units per
acre for a maximum of 442 residential dwelling units for property located on
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September 25, 2001
Collier Boulevard (CR 951), South of the existing Oak Ridge Middle School, in
Section 27, Township 48 South, Range 26 East, Collier County, Florida.
F. THIS ITEM HAS BEEN CONTINUED FROM THE SEPTEMBER 11. 2001 BCC
MEETING. This item reauires that all DarticiDants be sworn in and ex Darte
disclosure be Drovided by Commission members. PUDA-2001-AR-702,
Margaret Perry, AICP, of Wilson Miller Inc., representing Eagie Creek
Properties Inc., requesting an amendment to the Eagle Creek PUD having the
effect of amending the PUD document to allow self storage facilities and
related accessory structures for the exclusive use of Eagle Creek residents as
a permitted use, for property located at 401 Tower Road, in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, consisting of 298+
acres.
9. BOARD OF COUNTY COMMISSIONERS
A. Appointment of members to the Collier County Planning Commission.
B. Appointment of members to the Hispanic Affairs Advisory Board.
C. Resolution condemning cowardly and deadly terrorist actions at the World
Trade Center in New York and the Pentagon in Washington, DC.
D. Finalize the Annual Performance Appraisal for the County Manager and
County Attorney.
E. Resolution regarding Collier County's support of adequate funding for the
U.S. Farm Bill Agricultural Conservation and Stewardship Programs.
10. COUNTY MANAGER'S REPORT
11. AIRPORT AUTHORITY
12. COUNTY ATTORNEY'S REPORT
A. Recommendation for the Board of County Commissioners to consider
settlement in Dolphin Cove Development of Goodland, Inc. v. Collier County,
now pending in Certiorari Proceedings in the Second Distr,ict Court of Appeal
(Case No. 2D01-3352) and also as a damages lawsuit in the United States
District Court for the Middle District of Florida (Case No. 2:01-CV-n-FTM-
29DNF).
B. Recommendation for the Board of County Commissioners to consider
settlement in Collier County v. Marshall, et ai, Case No. 99-2009-CA- TB, now
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September 25, 2001
pending in the Twentieth Judicial Circuit Court (County's Prescriptive
Easement Claim for Miller Boulevard Extension).
13. OTHER CONSTITUTIONAL OFFICERS
14. FUTURE AGENDAS
15. STAFF AND COMMISSION GENERAL COMMUNICATIONS
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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.
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A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Strand Replat 1-A".
2) Request to grant final acceptance of the roadway, drainage, water and
sewer improvements for the final plat of "Pelican Strand".
3) Request to approve that the Board of County Commissioners be a
Primary (Gold) Sponsor for the 2nd Annual Planning Symposium on Smart
Growth.
4) Request to approve for recording the final plat of "Carlton Lakes Unit No.
3B" .
5) Request to approve for recording the final plat of "Mediterra Parcel 120",
and approval of the Standard Form Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
6) Approval of clearing and filling for 30 residential lots in Leawood Lakes
Subdivision.
7) Request to approve for recording the final plat of "Habitat Village" and
approval of the Standard Form and Construction and Maintenance
Agreement and approval of the amount of the Performance Security.
8) Approval of an agreement with the Economic Development Council of
Collier County, Inc. (EDC) to execute continuation of the Economic
Diversification Program and provide a contribution of up to $400,000 for
Fiscal Year 2001-02.
9) Recommendation that the Board of County Commissioners approve and
execute a Satisfaction of Lien arising out of an order imposing finellien in
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September 25, 2001
Code Enforcement Board Case entitled Board of County Commissioners
v. Ronnie Parks.
10) Authorization to amend the Consulting Services Agreement with RW A,
Inc. to include both the Rural Fringe Area Oversight Committee and the
Eastern Lands Oversight Committee for the duration of the Rural and
Agricultural Assessment Process.
11) 2001 Tourism Agreement between Collier County and the Tourism
Alliance of Collier County regarding advertising/promotion and special
events.
B. TRANSPORTATION SERVICES
1) Approve Bid #01.3258 "Vanderbilt Drive Beautification Grounds
Mai ntenance".
2) Approve Bid #01-3270 "SR90 - US41 Tamiami Trail East Streetscape
Beautification, Phase B".
3) Approval of Contract No. C-12261 with the South Florida Water
Management District (SFWMD) for cost sharing to obtain topographic
aerial mapping in the Belle Meade Basin Area (Project No. 31012).
4) Request for speed limit reduction from thirty miles per hour (30 MPH) to
twenty-five miles per hour (25 MPH) on all local access streets in the
Orangetree Subdivision.
5) Request Board approval of a Right-of-Way Use Agreement between
Collier County and the La Playa Hotel development.
6) Award of RFP 01-3253 "Installation, Maintenance, and Repair of Traffic
Signals".
C. PUBLIC UTILITIES
1) Approve Annual Rate Resolution to adjust Landfill Tipping Fees, Transfer
Station Fees, Residential Annual Assessments and Commercial Waste
Collection Fees for FY2001/2002.
2) Amend Professional Services Agreement with Hazen and Sawyer, PC for
Engineering Services related to the North County Water Reclamation
Facility, Projects 73031n3067n3077n3950.
3) Approve Tourism Agreement with the City of Naples for Beach
Maintenance and Inlet Management Projects.
4) Status of Near-Term Capacity Improvements at the South County Water
Reclamation Facility, Project 73128.
5) Approve Budget Amendments for the Collier County Water/Sewer District
to recognize additional loan proceeds for the construction of the North
County Water Reclamation Facility 5-MGD Expansion, Project #73031.
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September 25, 2001
D. PUBLIC SERVICES
1) Acceptance of Library Current Year Action Pian and approvai of Library
State Aid Application.
2) Approval of an Agreement for Fiscal Year 2001-2002 funding contribution
to the David Lawrence Mental Health Center, Inc.
E. SUPPORT SERVICES
1) Direct and authorize the County Manager to modify the existing Pay Plan
to include an additional pay grade.
2) Award of Bid No. 00-3137 and Annual Agreements for Title Commitments.
3) Approval of the purchase of Property and Casualty Insurance and related
services for FY2002.
F. EMERGENCY SERVICES
1) Approve a Budget Amendment in the Emergency Medical Services Fund
490 to appropriate additional revenue and reserves.
2) Adopt a Resolution authorizing the Acceptance of an Agreement between
the Florida Department of Community Affairs and Collier County
regarding monies available in the Emergency Management Preparedness
and Assistance Trust Fund.
3) Approve a Budget Amendment to recognize and appropriate additional
revenue in the Isles of Capri Fire Department Fund (144).
G. COUNTY MANAGER
1) Payment Authorization (Patterson Boulevard Fire-May 18-22, 2001).
Approved by the County Manager in the Boards Absence.
2) Approval of Budget Amendment Report - Budget Amendment#01-516.
3) To adopt a Resolution approving amendments to the Fiscal Year 2000-01
Adopted Budget.
H. AIRPORT AUTHORITY
I. BOARD OF COUNTY COMMISSIONERS
1) Commissioner request for approval for payment to attend NAACP Annual
Banquet.
J. MISCELLANEOUS CORRESPONDENCE
1) Certificate of Correction: NEED MOnON authorizing the Chairman to sign
Certificate of Correction to the tax rolls as presented by the Property
Appraiser's Office. RECOMMEND APPROVAL.
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September 25, 2001
2) Miscellaneous items to file for record with action as directed.
K. OTHER CONSTITUTIONAL OFFICERS
1) Department of Transportation Highway Safety Fund Grant Application
Immokalee D.U.I. Enforcement Project.
2) Department of Transportation Highway Safety Fund Grant Application
Traffic Safety Grant.
3) To adopt a Resolution authorizing the borrowing of an amount not to
exceed $8,120,000 from the pooled Commercial Paper Loan Program of
the Florida Local Government Finance Commission pursuant to the Loan
Agreement between the Board of County Commissioners and the
Commission in order to finance the acquisition and construction of the
Immokalee Jail Facility to be located within the County; authorizing the
execution of a loan not or notes to evidence such borrowing; agreeing to
secure such loan note or notes with a covenant to budget and appropriate
legally available non-ad valorem revenues as provided in the Loan
Agreement; authorizing the execution and delivery of such other
documents as may be necessary to effect such borrowing; and providing
an effective date.
L. COUNTY ATTORNEY
1) Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 112 in the Lawsuit entitled Collier County v. Faith
Bible Church of Naples, Inc., et aI, (Immokalee Road, Project No. 69101)
2) Approve the Agreed Order awarding expert fees in the amount of
$20,000.00, relative to the Easement Acquisition of Parcel 145 in the
Lawsuit entitled Collier County v. Owen M. Ward, Trustee, et ai, Case No.
99-1291-CA, Project No. 65031 (Radio Road, Santa Barbara Boulevard to
Davis Boulevard).
3) Approve the Stipulated Final Judgment relative to the Easement
Acquisition of Parcel 250/250T in the Lawsuit entitled Collier County v.
Juan C. Zamarripa, et ai, (Golden Gate Boulevard, Project No. 63041).
4) Recommendation to approve a Budget Amendment in the amount of no
more than $13,756.45 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 ai, Case No. 00-1901-CA.
17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS
AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDAnON 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,
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September 25, 2001
PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS
ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO
SPEAK IN OPPOSITION TO THE ITEM.
A. Ordinance amending Collier County Ordinance 86-72, which created the Sabal
Palm Road Extension Municipal Service Taxing and Benefit; providing for
inclusion in the Code of Laws and Ordinances; providing for conflict and
severability; and providing an effective date.
B. To adopt a Resolution approving amendments to the Fiscal Year 2000-01
Adopted Budget.
18. ADJOURN
INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE
TO THE COUNTY MANAGER'S OFFICE AT n4-8383.
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September 25, 2001
AGENDA CHANGES
BOARD OF COUNTY COMMISSIONERS' MEETING
September 25, 2001
CONTINUE: Item 3(B) to October 9. 2001 - Proclaiming the week of
October 7-13, 2001 be designated as "National 4-H Week".
Item 5(E) to be heard prior to Proclamations. Presentation to the Board of
County Commissioners by State Senator Burt Saunders and State
Representative Dudley Goodlette of a Grant Award in the amount of
$130,328 from the Department of Environmental Protection for the
Immokalee Airport Park. (Staff request.)
CONTINUE: Item 8(F) to October 9. 2001 - PUDA-2001-AR-702, Margaret
Perry, AICP, of Wilson Miller, Inc., representing Eagle Creek Properties,
Inc., requesting an amendment to the Eagle Creek PUD having the effect of
amending the PUD document to allow self storage facilities and related
accessory structures for the exclusive use of Eagle Creek residents as a
permitted use, for property located at 401 Tower Road, in Section 3,
Township 51 South, Range 26 East, Collier County, Florida, consisting of
298+ acres. (Petitioner request.)
ADD: Item 9(F) - Discussion regarding County Government's role in the "12
penny referendum. (Commissioner Henning request.)
ADD: Item 10(A) - Authorize charitable solicitations by the fire districts to
raise funds for fallen fire fighters in New York City. (Staff request.)
ADD: Item 16(B)7 Recommendation to conceptually approve a contract
amendment to the agreement between the Board of County Commissioners
and APAC-Florida, Inc. to allow pipe replacement and repair on Golden
Gate Boulevard. (Staff request.)
ADD: Item 16(B)8 - Adopt a resolution authorizing the acquisition by
condemnation of a fee simple interest in real property for the constructio of
roadway improvements for the phase two Livingston Road project from
Golden Gate Parkway to north of Pine Ridge Road, CIE No. 52 (Project No.
60071). (Staff request.)
ADD: Item 16(C)6 Approve a budget amendment for beach cleaning
related to Tropical Storm Gabrielle. (Staff request.)
PROCLAMA TION
WHEREAS, the Ntlples tlretl Wtl$ once tlgtlin represented by the Gretlter
Ntlplu Girls' LiN'le UtlgtM Senior Letlgutl Brtlvu in tl softbtlll
ttJUrll(Jment held in Ovido, FloridtJ, Fort Myers, Floridtl tlnd
Kirkltmd, Wtlshington during August 2001: tlnd,
WHEREAS, the Ntlples Brtlves ctlptured their second consecutive World
Series tlnd tln unprecedented thirteenth chtlmpionship in twenty-
one yetlrs: tlnd,
WHEREAS, by their exempltJry performtlnce tlnd persontll dedictltion, both on
tlnd off the field, these young Itldies htlve served as role models
for the young people of our area: and,
WHEREAS, the Collier County community is very proud to be represented by
these outstanding young Collier County citizens.
NOW THEREFORE, be it proclaimed by the Board of County Commissioners of
Collier County, Floridtl, thtlt Tuesday, September 25, 2001 be
designated as
Naples Braves Softball Recognition Day
DONE AND ORDERED THIS 25th Dtly of September, 2001.
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
JAMES D. CARTER, Ph.D., CHAIRMAN
ATTEST:
DWIGHT E. BROCK" CLERK
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I AGEN~EM
No.
SEP 2 5 2001
pg.--L-
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PROCLAMA TION
WHEREAS, the goal of 4-H is to provide educational opportunities for the
youth and adult volunteers in Collier County in the areas of
leadership, citizenship, personal development, and practical skills,'
and,
WHEREAS, these activities have resulted in learning experiences and
accomplishments that have received State and National,' and,
WHEREAS, the Board of County Commissioners of Collier County feels this
4-H program contributes to the overall development of our youth
and strengthens our communities; and,
WHEREAS, the 4-H members receive inspiration and guidance from
interested parents, Cooperative Extension Service Workers and
Staff volunteer adult and teen leaders,' and support from many
community organizations and businesses,' and,
WHEREAS, 4-H forms partnerships and collaborates with other youth-
serving agencies to reach a wide and diverse audience.
_ NOW THEREFOR€, be it proclaimed by the Board of County Commissioners of
Collier County, Florida, that the week of October 7 - 13, 2001
be designated as
National 4-H Week
and all citizens of Collier County are urged to join this Board in
giving appropriate recognition to the achievements of the 4-H
Clubs of Collier County.
DONE AND ORDERED THIS!1h Day of October, 2001.
BOARD OF COUNTY COMMISSIONERS
COUIER COUNTY, FLORIDA
JAMES D. CARTER, Ph,D., CHAIRMAN
ATTEST:
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DWIGHT €. BROCK, CLERK
AGEN3€:EM
No.
SEP 2 5 2001
Pg. t
PROCLAMATION
WHEREAS, the Florida Chapter of the American Planning Association presents
Awards of Excellence and Merit annually for outstanding planning projects that
exemplify the highest standard of planning practice and pace-setting in the State; and
WHEREAS, Collier County and its consultant team were honored at the
Association's 2001 Annual Conference in Orlando on September 22, 2001; and
WHEREAS, many hours of intense planning were required to develop the
" Toward Better Places: The Community Character Plan for Collier County/~ and
WHEREAS, the awards jury was composed of a very qualified committee of six
exellent planners from diverse backgrounds and specialties; and
WHEREAS, this award attests to the talent and perseverance of the individuals
involved in this project; and
WHEREAS, the endeavors of these individuals has produced a plan that will
further enhance and maintain the quality of the community as it meets the challenges of
rapid growth.
THEREFORE BE IT PROCLAIMED this 25th day of September, 2001 that the
Collier County Planning Staff and the Select Committee be recognized as the recipients
of the prestigious Florida Chapter of the American Planning Association Award of
Excellence for the Community Character Plan for Collier County, Florida.
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AGErpA ITEM
No. .C
SEP 2 5 2001
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22ND ANNUAL TELL Y AWARDS
PRESENTED FOR THE "Doa Becomes A Star" VIDEO PROGRAM
The Department of Public Information has won the bronze Telly
Award for its. "Dog Becomes A Star" video program produced for the
Channel 54 government access channel on behalf of the Domestic
Animal Services Department.
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The Telly Awards is an organization that recognizes and honors
outstanding non-network and cable TV commercials. More than
11,000 submittals were made in the year 2000 with approximately 7
percent receiving awards. Among some of last year's winners were
Touchstone Pictures, Warner Bros., The Discovery Channel, Better
Homes & Gardens, Proctor & Gamble, Polaroid, Ford Motor
Company and a host of other highly respected organizations.
This video was developed by the Department of Public Information
and The Naples Studio to promote pet adoptions and was broadcast
on Channel 54.
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"'GE~ J5EM
No.~
SEP 2 5 Z001
P.~. I
EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE DON JEFFERY, COMMUNITY CENTER AIDE, AS
EMPLOYEE OF THE MONTH FOR AUGUST 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:
Don Jeffery is and has been a model employee. He has cared for the East Naples Community
Center for several years now and has done an exemplary job. Don is extremely organized. He
has excellent attendance and takes pride in his position to make sure the customer's needs are
addressed. He goes above and beyond with assisting his co-workers in order to help serve our
customers more efficiently,
Don consistently rates excellent and exceeds both internal and external customers'
expectations.
FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the employee's department budget.
PREPARED BY:
DATE: 9 f~(
DATE: 1 J'1,/c; /
rces Director '
APPROVED BY:
AGENDA ITEM
~w. J c...,
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SEP 2 5 2001
Pg. I
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EXECUTIVE SUMMARY
RECOMMENDATION TO RECOGNIZE DON BLALOCK, TECHNICAL PROFESSIONAL,
COMMUNITY DEVELOPMENT, AS EMPLOYEE OF THE MONTH FOR SEPTEMBER 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: Don Blalock has distinguished himself through exemplary performance in
the automation of many plan review activities that impact customer service. Through the use of
innate information technology, and data processing skills, Don was instrumental in the design
and effectiveness of the division's web sites,
Don worked countless hours in creating a new, more efficient filing system for the Community
Development Records Room, an area outside of his department.
Don demonstrates the type of customer service that is appreciated by his fellow workers and
the public.
._ FISCAL IMPACT: "Employee of the Month" selectees receive a $50.00 cash award. Funds for
this award are available in the employee's department budget.
RECOMMENDATION: That Don Blalock, be reco'gnized as the "Employee of the Month" for
September 2001.
PREPARED BY: ~ ~
Dawn Ragone, S lor Secretary
DATE:
9VJ-!a1
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ATE: t:/~ ~/
Director ~
AGENDA ITEM
No._ j--U
SEP 2 5 2001
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~ COLLIER COUNTY MANAGER'S OFFICE
September 14, 2001
3301 EAST TAMIAMI TRAIL
NAPLES, FLORIDA 34112
(941) 774-8383
FAX (941) 774-4010
Mr. Tim Hancock, AICP
Vice President
Vanasse Daylor
3001 Tamiami Trail North, Suite #206
Naples, FL 34103
Re: Public Petition Request Regarding Malibu Lakes PUD
Dear Mr. Hancock:
Please be advised that you are scheduled to appear before the Collier County
Board of Commissioners at the meeting of September 25, 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,
\~
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Thomas W. Olliff
County Manager
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cc: County Attorney
John Dunnuck, Interim Administrator C,D,&E.S.
AGENDA I! ,::;,'11
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SEP 2 5 2001
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Mr. Tom Olliff
County Manager
Collier County Government
330 I Tamiami Trail East
Naples. Fl 341 12
Re: Malibu lakes PUD - Dan Monaco,
Trustee
Y&D Project #: 40 I 07
Dear Tom:
First. I would like to thank-you for your past assistance regarding the issue of access for the
commercial component of the Malibu lakes PUD. You may recall that this property is formerly
the Mocake PUD. owned by Daniel R. Monaco, Trustee.
The purpose of this letter is to request that this matter be placed on the first available Board of
County Commissioners agenda under Public Petitions. My efforts on behalf of my client to seek
an acceptable resolution with some degree of clarity have not been successful and thwarted by
duplicity. The thrust of our request will be to ask the County Commission to direct staff to
revisit the issues regarding access to the property. more specifically the recently approved
impact fee agreement with Prime.
The history of this particular issue is as follows:
. The original MOCAKE PU D was approved on January 14, 1992 with the express
language that the project would have "access to a service road which has direct access
onto Immokalee Road," The PUD Master Plan shows the existing right-in/right-out
access in Immokalee Road.
. In April of 1997. the MOCAKE PUD was brought back under the sunset provisions and
was asked to provide more specificity regarding land uses within the PUD. There was
no discussion regarding the project access.
. On June 22. 1999. Mr, Rich Y ovanovich represented the Mocake PUD and Zurich lakes
PUD in addition to other property owners in combining the properties under one PUD
zoning category. The benefit of combining the properties was clearly stated that they
would access Immokalee Road through the Mocake PUD. This was p
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mitigation effort to reduce trips on Oaks Boulevard, Mr. Kant raised the issue of a
potential signal at Northbrook Drive after the public hearing was closed. It was
presented as an alternative to the right-in/right-out through the Mocake PUD, but was
contingent on the "possibility of combining" the three commercial parcels fronting
Immokalee Road, In addition, Ed Kant requested clarification after a motion for
approval was made that only one access would be allowed from the project onto
Immokalee Rd. and it's exact location could be different than what was shown, The
commercial properties have never been combined into a single project.
· I met with Norm Feder and Dawn Wolf on January 18, 200 I to discuss access issues
relative to the Mocake property. They informed me that they were considering a
proposal for a signalized intersection at Northbrooke Drive and that we would derive
access through the Brentwood PUD, if and when we requested approval for improving
our existing access.
· After reviewing the information from my meeting with Mr. Feder and Ms. Wolf with my
clients, and discussing the potential financial impact of the removal of the existing
access, I sent a letter dated March 9, 200 I to Mr. Feder outlining my clients concerns
with the Counties proposal and proposing an alternative solution
· I received a telephone call on March 22, 200 I from Mr. Rich Yovanovich, the attorney
for Prime. Mr. Yovanovich made it very clear that his client would not accept our
proposal for access and refused to provide an alternative other than a "reverse
frontage road" to our property. I informed Mr. Y ovanovich that our issues were not
with his client. but with the County, since they were responsible for providing equal
access to the property when the existing access was closed.
· Since no response had been received from Mr. Feder's office, I sent a second letter on
April 25, 200 I requesting a response to the March 9th letter, I included in that
correspondence that I had spoken with Mr, Yovanovich and informed him that the
resolution to this issue was the responsibility of Collier County.
· May 8, 200 I the BCC without notice to my client heard and approved an Impact Fee
agreement that required an access 300 feet South along Tarpon Bay Blvd. to the
Mocake property, My client was not notified of the hearing in any way. and his
objections to the proposed access already known to staff were not included in
information to the BCe.
· I finally received a letter from Mr. Feder to my March 9th correspondence on June I. In
that letter, he indicated that improvements to the existing access would not be allowed
and access to the property will come through the Brentwood PUD. 300 feet south
along Tarpon Bay Bouievard. No drawings or details regarding the proposed access to
the property were provided.
In the preparation of this request for Public Petition, I performed a records search to confirm
the dates listed above, It was as a result of that records search that I discovered the Impact Fee
agreement between Collier County and Prime that designated access to my client's property.
This access and the drawing in the May 7, 200 I addendum to the May 8th Board item were
never made available to my client, Nor was my client ever notified of the hearing, or it's impact
to his property. To this date. no alternative access plan has been received from the County,
even though I requested one in March of this year.
The County negotiated the May 8, 200 I agreement with the owners of the Brentwood PUD to
the exclusion of the owners of he Mocake parcel. They had full knowledge of the request I
made on behalf of Daniel R. Monaco, Trustee, regarding access. Despite full knowledge of the
property owners disagreement with the manner in which they wer. :-'u I [.Ji~~:tu",,;urls
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SEP 2 5 280l
Pg. -3
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regarding access. and despite the fact that the proposed access represents a significant impact to ~
his property. the County Transportation Department continued to operate in a manner that
excluded affected property owners (Monaco and Pauly) from the decision making process.
Furthermore. knowing that my client objected to the proposed access "solution", the
Transportation Department placed the May 8th agreement on the Consent agenda without
notifying Judge Monaco. and without to my knowledge. informing the County Commission that
adjacent property owners objected to the proposed access "solution",
, am at a complete loss in finding words that adequately describe the manner in which this
matter has been handled and am left no recourse, but to bring it to the attention of the Board
of County Commissioners in an effort to have my clients concerns heard and considered in the
decision to eliminate his existing access and replace it with a "reverse frontage road." Again,
this decision was made and executed without the notification of or participation by my client,
the affected property owner.
My specific request of the County Commission is two-fold. First. I request that the Impact Fee
agreement be placed on an agenda for re-consideration so that the concerns of all affected
property owners may be heard. Secondly, I ask that the County perform a financial analysis of
the impact of any proposed access changes before making a recommendation to close the
existing access. To now place this burden on the property owner would be inappropriate.
I thank you for your attention to this matter, and I look forward to hearing from you regarding
the first available date that this matter may be scheduled,
Sincerely,
Vanasse Daylor, LLP
.___----7 , /
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Tim Hancock, AICP
Vice President
Attachments
Cc: The Honorable Daniel R. Monaco, Trustee
Mr, John Cardillo, Esquire
Mr, Bill Keith. Esquire
Mr, Norman Feder, Transportation Director
Mr. Richard Yovanovich. Esquire
Mr, Fred Pauly
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EXECUTIVE SUMMARY
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PETITION: CU-01-AR-1156, ROBERT L. DUANE OF HOLE MONTES, INC, REPRESENTING
COLLIER COUNTY PUBLIC WORKS DEPARTMENT, REQUESTING A CONDITIONAL USE
FOR AN ESSENTIAL SERVICE WITHIN THE RURAL AGRlCUL TUREAL ZONING DISTRlCT
TO ALLOW FOR AN EXPANSION OF THE SOUTH COUNTY WATER RECLAMATION
OPERATION FOR PROPERTY LOCATED ON THE WEST SIDE OF WILDFLOWER WAY AND
THE EAST SIDE OF WARREN STREET, IN SECTION 20, TOWNSHIP 50 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
To have the Board of Zoning Appeals consider an application for a conditional use permitting an
essential service in the "A" Rural Agricultural zoning district per Section 2.6.9,2 of the Collier County
Land Development Code allowing for the expansion of the existing water reclamation facility while
maintaining the community's best interest.
CONSIDERATIONS:
-
The existing South County Water Reclamation Facility (SCWRF) was first constructed in 1971 with a
capacity of 0.2 millions of gallons per day (MGD). The facility has been expanded on several
occasions before and after the County purchased the 1,5 mgd plant in 1985 and subsequently expanded
it to 8 mgd in 1991. The subject 48-acre Agricultural zoned site last received conditional use approval
in 1995 allowing for improvements to the facility. Currently, there are approximately 31-acres that are
dedicated for the existing plant equipment and plant operation while the balance of the project site (17-
acres) is to remain as a natural vegetative area to buffer the facility from the nearby residential
dwellings. The proposed plant expansion will be placed within the existing developed area. Because
the last conditional use approval did not include the proposed expansion plans, another conditional use
is now required in order to analyze the impacts of the increase in capacity upon the surrounding
community, The proposed 16 mgd expansion is listed below and the improvements are depicted on the
attached conceptual site plan,
~
a) A new aeration basin and Pretreatment Building that is approximately 8,000 square feet in size
shall be located in the southeast corner of the facility,
b) An addition the existing blower building to house new blowers that are intended to reduce order
impacts. This building is located next to the aeration basin.
c) An addition to the Generation and Electrical Building allowing emergency power gen\~ration.
d) A new Sludge Holding Tank with an odor control system is located adjacent to Sludge Holding
Tank #1 at the west end of the facility.
e) A new Clarifier Flow Splitting Facility is located south of the effluent storage tank.
t) Improvements to existing clarifiers and new clarifiers at the southwest corner of the facility,
g) A new filtration and disinfections facility is located at the northwest corner of the facility,
h) Changes to the ingress/egress to lessen impacts on residential areas. N~G=+
SEP 2 5 2001
1
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The traffic impact review indicates that the proposed capacity expansion of the eXIstmg water
reclamation facility will not generate additional trips due to the fact that no additional employees will
be required. Based on this information, the site-generated trips will not exceed the significance test
standard (5 percent of the level of service "C" design volume) on any County road. Therefore, this
petition is consistent with Policies 5,1 and 5,2 of the Transportation Element.
The pro/cons that are listed below contains a summary of the evaluation of the criteria that are
specifically noted in Section 2.7.4.4 of the Land Development Code, This requires staff evaluation and
comment, and used as the basis for a recommendation for approval or denial by the Collier County
Planning Commission and the Board of Zoning Appeals.
PROS
. The proposed petition is consistent with the Future Land use Element of the GMP.
. The surrounding residential lands to the north and south are screened from the existing facility by a
landscape berm and a natural vegetative area.
. The proposed improvements will result in less employees working out of this location, which will
result in less site generated trips utilizing the project entrance,
. The proposed expansion includes devices that reduce the noise and odor effects created from the
existing facility.
. Due to the small size of the capacity improvements and the limitation of the proposed expansion
facilities to the previously developed areas, the existing operation and proposed improvements will
not adversely impact the adjacent properties.
CONS
. As noted in the Staff Report, the projects existing main ingress/egress is from Warren Street with
traffic utilizing Saint Andrews Boulevard, The site-generated truck traffic has caused residents in
the area to complain about the traffic pattern. In response, the petitioner is proposing to pave the
entrance point onto Wildflower Way. The new access shall be relos'lted to the south on Wildflower
to provide for safer ingress/egress and at a point located away from the residential areas.
. During the life of the water treatment facility, there may be instances when noise and odor resulting
from the operation of the equipment may impact the nearby residential property,
FISCAL IMP ACT:
This conditional use petition by and of itself will have no fiscal impact on the County. However, if this
request meets its objective, a portion of the subject land will be further developed, The mere fact that
new development has been approved will result in future fiscal impact on County public facilities, The
County collects impact fees prior to the issuance of building permits to help offset the impacts of each
new development on public facilities. N~~ENO?/1.
.-
SEP 2 5 2001
2
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2.
These impact fees are used to fund projects in the Capital Improvement Element needed to maintain
adopted levels of service for public facilities. In the event that impact fee collections are inadequate to
maintain adopted levels of service, the County must provide supplemental funds from other revenue
sources in order to build needed facilities. The Impact Fee Coordinator has determined that the
following impact fee will be applicable to this water treatment plant expansion, Based on the impact
fee calculation, an impact fee of approximately $328,040,
Finally additional revenue is generated by application of ad valorem tax rates, The revenue that will be
generated depends on the value of the improvements. At this point in time staff has not developed a
method to arrive at a reasonable estimate of tax revenue based on ad valorem tax rates. Nevertheless, it
should be appreciated that not withstanding the fiscal impact relationship, development takes place in
an environment of concurrency management. When level of service requirements fall below adopted
standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS
standards apply countywide and would therefore bring about a countywide concurrency determination
versus roads that may have local geographic concurrency implications,
GROWTH MANAGEMENT IMPACT:
The subject property lies within the Urban - Mixed Use District, Urban Residential Sub-district as
designated within the Future Land Use Element (FLUE) and map of the GMP. Relevant to this
petition, this district permits non-residential uses including conditional uses for essential services. The
base residential density in this area is 4 units per acre, while a limited selection of non-residential uses
and essential services such as the existing water reclamation facility are also permitted. Therefore, the
conditional use application for an expansion of the existing facility is consistent with the GMP.
ENVIRONMENTAL ISSUES:
The Planning Services Department Environmental and Engineering staffs have reviewed the
petitioner's proposed amendment and they have recommended approval. Since no EIS was required,
this petition was not required to go before the Environmental Advisory Council (EAC).
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an Area of Historical and
Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, no
Historic and Archaeological Survey & Assessment or a waiver is required,
PLANNING SERVICES STAFF RECOMMENDATION:
Planning Services staff has referred this petition to all appropriate County Agencies for their review
and recommendation. Based upon their analysis and planning review, staff had recommended that the
Collier County Planning Commission forward Petition CU-OI-AR-1156 to the Board of Zoning
Appeals with a recommendation of approval.
3
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SEP 2 5 2001
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ENVIRONMENT AL ADVISORY COUNCIL RECOMMENDATION:
The Planning Services Department Environmental and Engineering staffs have reviewed the
petitioner's application and have recommended approval. Since no wetlands will be impacted by the
proposed expansion within the existing developed area, no EIS was required. As a result, this petition
was not required to go before the Environmental Advisory Council (EAC),
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission heard this petition on September 7, 2001. They
unanimously recommend by an 5 to 0 vote to forward this petition to the Board of Zoning Appeals
with a recommendation of approval subject to staff stipulations contained in the resolution of adoption.
The Planning Commissioners detennined that the proposed expansion of the existing facility is
compatible with the surrounding area. Since staff has received a letter opposing this petition from the
Lely Country Club Property Owners Association, this petition could not be placed on the Summary
Agenda.
PREPARED BY:
LLOWS, PRINCIPAL PLANNER
NT PLANNING SECTION
Cf.7.0(
DATE
REVIEWED BY:
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SUSAN MlJRRAY, AICP, MANAGER ....
CURRENT PLANNING SECTION
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THOMAS E. KUCK, P.E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
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DATE
7-/:./ -';/1
DATE
APP~VED BY:
, '.
DUNNUCK, III, INTERIM ADMINISTRATOR
TY DEV. AND ENVIRONMENTAL SVCS,
qIIZ)OI
,
DATE
EX SUMMARY!CU-Ol-AR-1156!RYB!rb
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SEP 2 5 2001
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MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE:
AUGUST 14,2001
RE:
PETITION NO: CU-O 1-AR-1156, WASTEWATER RECLAMATION FACILITY
OWNER/AGENT:
Agent: Robert Duane
Hole Montes, Inc.
950 Encore Way
Naples, Florida 34110
Owner:
Collier County Government
Public Works/Wastewater Administration
6027 Shirley Street
Naples, Florida 34109
REQUESTED ACTION:
To obtain a conditional use for an essential service in the "A" Rural Agricultural zoning district per
Section 2.6,9.2 of the Collier County Land Development Code allowing for the expansion of the
existing water reclamation facility,
GEOGRAPHIC LOCATION:
The subject site is located at 5600 Warren Street, which is on the west side of Wildflower way in
Section 20, Township 50 South, Range 26 East. (See illustration on the following page)
PURPOSEfDESCRIPTION OF PROJECT:
The petitioner seeks conditional use approval to allow for the expansion of the existing South County
Water Reclamation Facility (SCWRF) that was first constructed in 1971 with a capacity of 0,2
millions of gallons per day (MGD), The facility has been expanded on several occasions before and
after the County purchased the 1.5 mgd plant in 1985 and expanded to 8 mgd in 1991. The subject
48-acre Agricultural zoned site last received cond '.tional use approval in 1995 allowing for additional
improvements to the facility. Approximately 31-acres of the subject site is presently used for the
existing plant facility while the proposed plant expansion will also be placed within this developed
area, The balance of the project site (17-acres) is to remain as a natural vegetative area to buffer the
facility from the nearby residential dwellings. Because the last conditional use approval did not
include the proposed expansion plans, another conditional use is now required in or. . ~~~
impacts of the increase in capacity upon the surrounding community. The op~d 16 mgd 7ft
expansion is listed below and the improvements are depicted on the attached concep ual site plan.
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a) A new aeration basin and Pretreatment Building that is approximately 8,000 square feet in
size shall be located in the southeast comer of the facility.
b) An addition the existing blower building to house new blowers that are intended to reduce
order impacts. This building is located next to the aeration basin.
c) An addition to the Generation and Electrical Building allowing emergency power generation.
d) A new Sludge Holding Tank with an odor control system is located adjacent to Sludge
Holding Tank #1 at the west end of the facility.
e) A new Clarifier Flow Splitting Facility is located south of the effluent storage tank.
f) Improvements to existing clarifiers and new clarifiers at the southwest comer of the facility,
g) A new filtration and disinfections facility is located at the northwest comer of the facility.
h) Changes to the ingress/egress to lessen impacts on residential areas,
SURROUNDING LAND USE AND ZONING:
Existing Conditions: The 48-acre site is developed with a wastewater treatment facility. The site is
zoned Agriculture with a conditional use for essential services,
Surrounding:
North - Developed single-family residential; Zoned: Lely Resort PUD,
East - Vacant; Zoned: Agriculture.
South - Developed residential; Zoned: RSF-4.
West - A maintenance building & Park; Zoned: Agriculture & Public Use,
GROWTH MANAGEMENT PLAN CONSISTENCY:
This petition has been reviewed by the appropriate staff for compliance with the applicable elements
of the Growth Management Plan (GMP). In addition, the Land Development Code (LDC) establishes
a procedure that may result in approving a development order for the proposed expansion of an
essential service facility in the Agricultural zoning district. Consistency relationships with applicable
elements of the GMP are as follows:
Future Land Use Element: The subject property lies within the Urban - Mixed Use District, Urban
Residential Sub-district as designated within the Future Land Use Element (FLUE) and map of the
GMP. Relevant to this petition, this district permits non-residential uses including conditional uses
for essential services. The base residential density in this area is 4 ,mits per acre, while a limited
selection of non-residential uses and essential services such as the existing water reclamation facility
are also permitted. Therefore, the proposed conditional use application is consistent with the GMP,
Traffic Circulation Element: The traffic impact review indicates that the proposed expansion of the
existing water re ;lamation facility will not generate additional trips. Based on this information, the
site-generated trips will not exceed the significance test standard (5 percent of the level of service "c"
design volume) on any County road. Therefore, this petition is consistent with Policy 5,1 and 5,2 of
the Transportation Element.
Other Applicable Elements: Staff review indicates that this petition has been ~e~t tQ a<;:coURt-
for the necessary relationships dictated by the GMP. Mitigation measures and sti ulati~~tJein I
developed (where appropriate) to ensure consistency with the GMP during the erm~liIlg p(b s. I
Development permitted by the approval of this petition will be subject to a concu enS€~'2~2f.JUter
2
Pt.
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the provisions of Section 3.15 of the Collier County Land Development Code, Adequate Public
Facilities, at the earliest or the next to occur of either final SDP approval, final plat approval, or
building permit applicable to this development. Therefore, this petition is consistent with the goals
and policies of the GMP. Staff has concluded that no level of service standards will be adversely
affected by this petition. Appropriate mitigation measures and stipulations will assure that the
County's interests are maintained.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the site is located outside an area of historical/archaeological probability
as referenced on the official Collier County Probability Map, As a result, no Survey and Assessment
is required. In addition, if, during the course of site clearing, excavation or other construction activity
a historic or archaeological artifact is found, all development within the minimum area necessary to
protect the discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE:
The appropriate staff responsible has reviewed the subject petition for oversight related to the above
referenced areas of critical concern, This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division staff.
The Transportation Division staff has recommended approval of the facility subject to the applicant
providing the appropriate turn lanes for the relocated access point on Wildflower Way, Since this 48-
acre site is currently developed, this petition is not required to be reviewed by the by the
Environmental Advisory Council (EAC). In addition, the Community Development Services
Environmental Review staff determined that this petition is consistent with the applicable
environmental requirements of the Land Development Code,
CRITERIA EVALUATION:
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2,7.4 of the Collier County Land Developm~nt Code
(LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land use change, be they positive or negative, culminating in a staff recommendation
based on that comprehensive overview. The below listed criteria are specifically noted in Section
2,7.4 of the Land Development Code thus requiring staff evaluation and comment. The below
referenced criteria shall be used as the basis for the recommendation of approval or denial by the
Planning Commission to the Board of County Commissioners, Each of the potential or considerations
identified during the staff review are listed under each of the criterion, and are categorized as either
"pro" or "con" as the case may be, in the professional opinion of staff. Staff review of each of the
criterion is followed by a summary conclusion culminating in a determination of compliance, non-
compliance, or compliance with mitigation,
a. Consistency with this code and Growth Management Plan.
- A.,..cJ-.QA 11 c.:.M
Pro: As noted above in the Future Land Use Element review, the reque ted ~entlal ice
expansion is consistent with the applicable elements of the GMP and the plicaB e provIsIons
of the LDC. S EP 2 5 2801
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Con: Not applicable in view of the consistency evaluation with the GMP & LDC.
Summary Conclusion (Findings): This petition is consistent with the FLUE to the Collier
County GMP, The proposed use is authorized in the Urban Residential Sub-district and is
permitted in the Agriculture district as a conditional use.
b. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Pro: The proposed improvements will result in less employees working out of this location.
As a result, there will be less traffic utilizing the project entrance.
Con: The projects existing main ingress and egress is from Warren Street with traffic
utilizing Saint Andrews Boulevard. The site-generated truck traffic has caused residents in the
area to complain about the traffic circulation pattern. In response to concerns raised by local
residents regarding the main entrance on Warren Street, the petitioner is proposing to relocate
the main access point onto Wildflower Way that is currently an unpaved construction access,
The new access shall be paved and relocated further to the south on Wildflower to provide for
safer ingress/egress and at a point located away from the residential areas,
Summary Conclusion: As shown in the photograph below, the ingress/egress to the property
when relocated to Wildflower Way should operate adequately and with an acceptable level of
safety. In addition, the revised access location will primarily move truck traffic turning west
from CR-951 onto Grand Lely Drive, southwest on Lely Resort Boulevard, northwest onto
Wildflower Way and entering the facility at the proposed entrance.
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SEP 2 5 2001
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The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: (i) The expansion ofthe existing water reclamation facility is typically one that does
not generate significant glare.
(ii) This petition will reduce the odor effects generated by the treatment process by
adding two odor control systems as part of the expansion plans, One of the new
scrubbers is being added to handle the new Preliminary Treatment Facility.
(iii) The proposed expansion includes a sound attenuation structure to reduce noise
resulting from the operation of equipment.
Con: During the life of the water treatment operation, there may be instances when noise and
odor resulting from the operation of the equipment may impact the nearby residential
property .
Summary Conclusion (Findings): The proposed operation will generate noise from the water
treatment process and from truck traffic to the site. However, the applicant will provide
additional sound attenuation structures along with providing a new access road off of
Wildflower Way that is located away from the residential areas, Furthermore. the additional
odor control devices and scrubbers will improve the ability of the existing facility to reduce
odor impacts to the adjacent residential areas. These changes are intended as a benefit to the
adjacent property owners as part of the plant expansion. Lastly, as depicted on the
photographs below, the perimeter buffers will also ameliorate the effects of the water plant
operation,
d. Compatibility with adjacent properties and other property in the district.
Pro: (i)
(ii)
(iii)
The subject site has been a water treatment facility since 1971 prior to the
development of the adjacent properties.
Due to the small size of the site and the limitation of the expansion on the
previously developed areas, the proposed expansion will not adversely impact
the adjacent residential properties.
The proposed expansion will also provide improvements to the facility as noted
above that will result in a reduction in noise, odor, sound and traffic impacts to
the adjacent properties.
(iv)
The existing landscape buffers primarily follow the perimeter of the subject site.
The main landscape berm is approximately lO-feet tall and stretches along the
northern property line and adjacent to the residential lots. (See Photo #1) There
is a natural preserve area along the south and eastern end if the project along=.
Wildflower Way while southern property line. - AuC,J",;j)"\ i [':''04 l
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Con: The proposed use may generate short periods of truck traffic on the local streets that
inherently creates a potential for traffic accidents. In addition, during the life of the operation,
there will be some noise and odor from the operation of the machinery.
Summary Conclusion (Findings): The noise generated by the water treatment process is
unavoidable in an area of rapid growth and development. The existing 48-acre site was first
developed in 1971 has been buffered and landscaped to improve compatibility. This landscape
and berm area is fully vegetated (See photo #2) and provides a 100 percent buffer along the
residential lots, In addition, the proposed expansion shall occur within the existing building
envelope, Therefore, it is staffs finding that the proposed use is compatible with the adjacent
properties and other properties in the district.
Photograph #1
Photograph #2
ST AFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition CU-O l-AR-1156 to
the Board of Zoning Appeals with a recommendation of approval.
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PREPARE~ _
~LLOWS. PRINCIPAL PLANNER
CURRENT PLANNING SECTION
8 ~ ?.O-o'
DATE
REVIEWED BY:
2 -~/-o/
DATE
x:iz1..A~~
AUSANMURRAY,AlCP,MANA R
CURRENT PLANNING SECTION
~~~
THOMAS E. KUCK, P.E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
8-2'2-~/
DATE
?/-~'-I~I
DATE
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M. D CK, Ill, INTERIM ADMINISTRATOR
TY DEV. AND ENVIRONMENTAL SVCS.
ISSION:
7
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~. 7 A _
SEP 2 5 2001
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APPLICA TION FOR PUBLIC HEARING FOR: CONDITIONAL USE
Petition No,:
LU-2UUI-AK-l15b
Date Petition Received: SOUTH COUNTY WATER
RECLAMATION FACILITY
Planner Assigned: PROJECT #2001070017
- DATE: 7/9/01
RA Y BELLOWS
Commission District:
ABOVE TO BE COMPLETED BY STAFF
1 . General Information
Name of Applicant(s)
COLLIER COUNTY PUBLIC WORKSIWASTEWATER ADMINISTRATION
Applicant's Mailing Address 6027 SHIRLEY STREET
City NAPLES
State
Zip
FL
34109
Applicant's Telephone # 941-594-7131
Fax #
941-591-1611
Name of Agent ROBERT DUANE
Firm
HOLE MONTES. INC.
Agent's Mailing Address 950 ENCORE WAY
City
State FL
Zip
NAPLES
34110
Agent's Telephone # 941
Fax # 941
254 - 2000
254 - 2099
Agent's E-Mail Address: Rnhl)l1~np@hnl pmnnt"pq rnm
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING - ~'-,....<'; :,'1'14
2800 N. HORSESHOE DRIVE - NAPLES, FL 34104 tL
PHONE (941) 403-2400/FAX (941) 643-6968 SEP 2 5 iJOl
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 02nOOO I Lt
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Complete the following for all Association(s) affiliated with this petition, (provide additional
sheets if necessary)
Name of Homeowner Association: FAIRWAY vn.T.AS ROMF.OlolNRRS' ASSOCUTTOli
Mailing Address 486 ST ANDREWS BLVD
City
NAPT.F.S State ...EL...- Zip
"t.&113
Name of Homeowner Association: TANc:J,v.wnnn T ROMF.OtolN"FRS' ASSOCTATTON
Mailing Address 108 QUAIL HOLLOW CT
City NAPLES
State -IL- Zip 34113
Name of Homeowner Association:
Mailing Address
City
State _ Zip
Name of Master Association: I.T41".T COTTNTRT CI.ITR PROP"FRTY nlolNRRS ASSOCT ATTOli
Mailing Address 101> QJ1A TT ROT T OY CT
City b1~P1..ES
State --n,Zip 3'1113
Name of Civic Association:
LELY CIVIC ASSOCIATION
Mailing Address
City NAPLES
State .....EL... Zip
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common. or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
COLLIER COUNTY PITRI.IC ITTTT.TTTF.S
Percentage of Ownership
100%
YA~TVUAT~ DEPjP~
6017 SRTlH.F.Y S'Mllnl'T
NAPT F.S li'T 3411 0
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APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 0112000
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b. If the property is owned by a CORPORATION, list the officers and stockholders and
the percentage of stock owned by each.
N arne, Address and Office
Percentage of Stock
c, If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage of Interest
d. lfthe property is in the name of a GENERAL or LTh-lITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e, If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Percentage of Ownership
'-1) ~ :-v.'01
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APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - OV2ooo
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Date of Contract:
f. If any contingency clause or contract tenns involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
'NJA
g. Date subject property acquired (~ leased ( h 1 f1 q IR'iTenn oflease
yr.lmos.
If, Petitioner has option to buy, indicate date of option: H.' A.
tenninates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase subsequent to
the date of application, but prior to the date of the final public hearing, it is the
responsibility of the applicant, or agent on his behalf, to submit a supplemental
disclosure of interest fonn.
3. Detailed leea) description of the propertY covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section: 70
Township:
Range: 7(, F.A~T
'10 ~OITTR
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property I.D.#: 00431680002
Metes & Bounds Description:
~F.F. ATTAr.RF.1l nFF.1l
4.
Size of nroperty: 7000
ft. X BOO
ft. = Total Sq. Ft. 5 gOO oooAcres
.. ..
'Ill
5. Address/eenera) location of subiect property:
-,,-,,,,,,,A "....1
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APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 02/%000
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6. Adjacent zonine and land use:
Zoning Land use
N PIID V17C::Tn~T.6.T
S RSF-4 RESIDENTIAL
E AG V ACANT
W A + P MAINTFlIIAWr.F. RTTTT nTwc & PARr
Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property, (If space is inadequate, attach on
separate page),
Section: Nt A
Township:
Range:
Lot:
Block:
Subdivision:
Plat Book
Page #:
Property 1.0.#:
Metes & Bounds Description:
7.
Type of Conditional Use: This application is requesting conditional use #
the A district for (TYPE OF USE)
of
Present Use of the Property: WATER RECLAMATION FACILITY PTTRSTTAlIIT TO SF.r.TTOW
2.6.9.2. OF THE LOC.
8 . Evaluation Criteria: Provide a narrative statement describing this request for conditional
use. NOTE: Pursuant to Section 2.7.4. of the Collier County Land Development Code,
staffs recommendation to the Planning Commission and the Planning Commission's
recommendation to the Board of Zoning Appeals shall be based upon a fmding that the
granting of the conditional use will not adversely affect the public inter~~ l~--
specific requirements governing the individual conditional use, if any, ha1~~~~~ and7.H
that further, satisfactory provision and arrangement have been made jconcernmg the
following matters, where applicable. Please provide detailed response to ~ bfi tlOOl
APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 0211000 Pi[ / g
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criterion listed below. Specify how and why the request is consistent with each.
(Attach additional pages as may be necessary).
a. Describe how the project is consistent with the Collier County Land Development Code
and Growth Management Plan (include information on how the request is consistent
with the applicable section or portions of the future land use
element):
SEE A'ITACHED CORRESPONDENCE
b. Describe the existing or planned means of ingress and egress to the property and
proposed structure thereon with particular reference to automotive and pedestrian
safety and convenience, traffic flow and control, and access in case of fire or
catastrophe:
SEE A'ITACHED CORRESPONDENCE
c. Describe the effect the conditional use will have on neighboring properties in relation to
noise, glare, economic impact and odor:
SEE A'ITACBED CORRESPONDENCE
d. Describe the site's and the proposed use's compatibility with adjacent properties and
other properties in the district:
SEE A'ITAr.RlID CORRESPONDENCE
e. Please provide any additional information which you may feel is relevant to this
request.
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APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 01/1.000
SEP 2 5 2001 \
PAGE 1 OF 16/ q i
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9. Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many conununities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use Detitions on the subiect proDertv: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
11. Additional Submittal requirements: In addition to this completed application, the
following must be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the preapplication meeting.
a. A copy of the pre-application meeting notes;
b. Sixteen (16) copies of a 24" x 36" conceptual site plan [and one reduced 8W' x 11"
copy of site plan], drawn to a maximum scale of I inch equals 400 feet, depicting the
following [Additional copies of the plan may be requested upon completion of staff
evaluation for distribution to the Board and various advisory boards such as the
Environmental Advisory Board (EAB), or CCPe];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· locations of solid waste (refuse) containers and service function areas,
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or exiStlng landscaping and buffering ac; may be required by the
County,
· location of all signs and lighting including a narrative statement as to the type,
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character, and dimensions (such as height, area, etc,); -...-..iJ.....::..A11 &,;.0\04
No. 'Iii
c. An Environmental Impact Statement (EIS), as required by Sectio 3,8. of the !--~ld
Development Code (LDC). SC:? 2 5 ~~U
PI. 2-0
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APPLICATION FOR PUBLIC HEARING FOR CONDITIONAL USE - 0212000
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d. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall
be submitted. Said aerial shall identify plant and/or wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Forms Classification System.
e. Statement of utility provisions (with all required attachments and sketches);
f. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
g. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
h. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal permits,
A~'oUA i I ....-A
No. 714-
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APPLICATION FOR PUBLIC HEARING FOR CONDmONAL USE - 0112000
Pi. 2-1
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Applicant! Agent Signature
Date
AFFIDAVIT
Well, JoseDh Cheathaa being first duly sworn, depose and say that well
am/are the owners of the property described herein and which is the subject matter of the
proposed hearing; that all the answers to the questions in this application, including the disclosure
of interest information, all sketches, data, and other supplementary matter attached to and made a
part of this application, are honest and true to the best of our knowledge and belief We/I
understand that the information requested on this application must be complete and accurate 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 Robert Duane
as our/my representative in any matters regarding this Petition.
to act
Signature of Property Owner
Joseph Cheatham
Typed or Printed Name of Owner
Typed or Printed Name of Owner
Theforegoing instrument was acknowledged before me this ~<1 day of ~u'(\..-€..... ,
20QL by ~o~ c.,~~ who is oersonallv known to me or has produced
as identification.
State of Florida
County of Collier
~ 00--~ ~
(. zgnature of Notary P - ate of .
Florida)
~~~~ ~O~~~7HI
(Print, Type, or Stamp comriss[~n~~ ~ .. r\
Name of Notary Public) .::.c.r' L J .:.:...lJ1
Pg, o?~
APPLICA nON FOR PUBLIC HEARING FOR CONDmONAL USE - 0211000 _
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HISTORY OF PROBLEMS AND CORRECTIVE MEASURES AT THE
SOUTH COUNTY WATER RECLAMATION FACILITY
The existing site for the South County Water Reclamation Facility (SCWRF) has a long history as
a wastewater treatment facility site. The first wastewater treatment facility was constructed by Lely
Estates, Inc. in 1971. The developer owned 4,800 acres with the wastewater treatment plant site
centrally located. The plant was expanded from the initial 0.2 mgd capacity to 0.5 mgd in 1977 and
again in 1982 to 1.0 mgd. In mid 1985, the capacity was increased to 1.5 mgd in accordance with
an agreement between Lely and Collier County. These treatment facilities were of the package
plant type. It does not appear that a Provisional Use or Conditional Use was granted for this facility
prior to purchase of the site by Collier County.
Subsequent to evaluations by Collier County of the Lely wastewater system, negotiations were
initiated and Collier County purchased the collection system and leased the plant and site/property
via resolution and agreement dated September 10, 1985. By agreement dated December 23, 1985,
Collier County purchased the Lely site and treatment facilities.
Public hearings were held and the Coastal Collier County 201 Facilities Plan Update was approved
by Resolution 86-99 on May 29, 1986. Design of the wastewater treatment plant expansion was
commenced in August 1986. At an advertised public hearing held on May 26, 1987, the Board of
County Commissioners approved the location of the SCWRF at the existing site by Resolution 87-
116 as an update to the 201 Plan. The treatment facility construction project was bid in May 1988
and the contract awarded in August 1988, The construction of the South County WRF (8 mgd) was
completed in January 1991. The existing South County Water Reclamation Facility was designed
to accommodate a future flow of 16 mgd, with the construction of the initial phase being able to
treat 8 mgd.
In response to odor complaints from neighboring residents, two separate odor control projects were
completed in August 1991 and October 1992, respectively. During 1992 and 1993, in response to
complaints from neighboring residents regarding being able to see the plant and the lights at night,
the County planted additional vegetation along the berm to provide an improved visual buffer.
County Staff installed directional shields on plant lighting to minimize light shining offsite.
During 1993 and 1994, many of the residents of the Lely neighborhood filed complaints about the
scWRF. The primary complaints can be categorized into the following groups.
. Offensive odors emanating from the plant,
. safety concerns over the use of pressurized chlorine gas near their homes,
. aesthetics associated with view of plant facilities from their homes,
. general appearance of the facilities perimeter and desire for improved landscaping,
. problems associated with drainage of rainfall runoff from the landscape berms onto
their property,
. noise from plant equipment, and
. glare from plant facility lighting being an annoyance at night.
In order to address these concerns, the Board of County Commissioners appro
Odor Control Advisory Committee in May 1994, The Committee include
President Tanglewood Homeowners, Mr. Dudley Chism, President Le
;\"'~~>. \-, ';:"'A
d ~ur member 7 .
Mr. KIcK PranU,
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Homeowners, Mr, Mike McNees, Acting Utilities Administrator, and Mr. Tom Conrecode, OCPM
Director. Meetings and site visits were held to develop a comprehensive listing of neighborhood
concerns and complaints and to develop a list of possible causes of these problems. Once the
problems and possible causes were identified, potential alternative solutions were developed and
discussed. Evaluations were performed by the consultants and Committee members including site
visits to other treatment facilities to determine effectiveness of potential solutions.
After development of the potential viable alternatives, cost analyses were performed. A summary
of primary advantages and disadvantages along with a description of the problems, causes and
anticipated costs for corrective action alternatives were presented to the Board of County
Commissioners. It was agreed by the Committee that the recommendations being made to the
Board of County Commissioners were believed to be the best available alternatives and approaches
to satisfying neighborhood concerns.
An odor survey was conducted in June 1994. Based on this survey, it was recommended that the
following odor abatement program be implemented at the South County Water Reclamation
Facility,
. Construct a new headworks facility consisting of mechanical bar screen and grit removal
system. Cover and scrub the foul air through an odor control scrubber. (This work was
completed in 1998.)
. Construct a new covered aeration tank utilizing fme bubble diffused aeration system.
Collect and scrub all foul air through an odor control scrubber. (This work was completed
in 1998.)
· Construct a new blower building to provide the necessary air for the proposed aeration
system. Provide noise attenuation to contain equipment noise within the building. (This
was completed in 1998).
· Convert the existing aeration tank to a reuse storage facility, (This was completed in 1998.)
Based on review of potential disinfection alternatives, it was concluded that sodium hypocWorite
(liquid bleach) should be used to replace the previous use of elemental cWorine (liquified gas). The
basis for this recommendation was the Board of County Commissioners direction to fmd a safer
alternative method of disinfection, The new bleach system was installed in 1996 and the
pressurized cWorine cylinders removed from the site,
In addition, the following additional actions were recommended:
· Make further improvements to the landscape buffer between the residential property
(homeowner's backyards) and the plant site. (This work has been ongoing during
1993 through present.)
· Construction of drainage improvements along the perimeter berm in the area of the
Tanglewood Homeowner's Association pool property and along the rear of some of
the Fairway Villas resident's property were completed in 1995.
. Reduce the noise from the irrigation pumps which supply effluent to the Royal Palm
Golf Course. (The pump station was relocated and a sound a nuatj,~1!..JY,~H Ji-' I
contain noise was constructed and completed in 1995,) '010. 11f
· Continue the current program to minimize the lighting complain . This mClUded
only turning on lights around the plant when necessary and ad ~ 2fSI3ll)91
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shields to direct light away from neighbors and onto areas needing lighting.
On February 14, 1995, the Board of County Commissioners approved an effluent disposal program
which included reuse of effluent as the primary method of disposal and deep well injection as the
secondary method of disposal. In order to implement this effluent disposal program the following
improvements were completed:
. Construct a new Reclaimed Water Pump Station (Completed in 1996).
. Construct one deep injection well and one monitoring well, with room for a second
future deep injection well (Completed in 1996).
. Enlarge the existing CWorine Contact Tank (Completed in 1996).
In order to improve operation of the SCWRF and to further reduce potential odors, one additional
improvement was completed:
. Construct a new covered Waste Sludge Holding Tank (Completed in 1998).
Following the construction of the above improvements, there were complaints from a couple of
neighbors regarding the noise produced by the Effluent Transfer Pump Station, A noise study was
performed and a plan developed to reduce the noise emanating from this facility. A specially
designed noise attenuation structure was installed during 2000 and has eliminated this complaint.
As part of the solutions to noise complaints, the Reclaimed Water Pumping Station for the Royal
Palm Golf Course was relocated farther from the neighbors and a sound attenuating wall was
constructed. During 2001, new pumping equipment will replace the original equipment and be
installed behind the same sound attenuating wall. The new pumping equipment will generate less
noise than the original equipment and it is anticipated that that this improvement will further reduce
the potential for noise that would be heard at the property line due to this pump station.
During 1996, Collier County relocated offsite field staff who were previously assigned to report to
the SCWRF for daily work assignments. This resulted in a significant decrease in traffic in and out
of the SCWRF each day.
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HOLE MONTES
ENGINEERS. PlJ\JIjNERS . SURVEYORS
950 Encore Way. P.O. Box 111 Q29 . Naples, Florida 34108 . Phone: 941254.2000 Fax 941.254.2097
July 02, 200 I
Mr. Ray Bellows, Principal Planner
Collier County Planning Services
2800 Horseshoe Drive
Naples FL 34110
RE: SCWRF 16 MGD Expansion
Conditional Use Application
HM 2000055
Dear Ray:
Please find enclosed 16 copies of an application for a Conditional Use for the SCWRF, which is
located in Section 20, Township 50 South, Range 26 East. A check in the amount of $2000.00 is
provided to process the petition for the Conditional Use through an interdepartmental transfer
from the Utilities Department. (See attached interdepartmental transfer request.) This petition
was last reviewed by County staff and the Board of County Commissioners in 1995 when
previous changes were made to the plant for its expansion, (A copy of this plan is also provided
as an exhibit.) The proposed improvements are principally designed to:
· yfake changes to access and the routing of traffic to lessen impacts on residential areas,
~ Construction of a new Pretreatment Building with improved odor control system,
" Construction of new aeration basins to provide additional plant capacity and process
reliability ,
.., Construction of an addition to the existing Blower building to house new blowers,
J Construction of a new addition to provide for emergency power generation,
V Construction of a new Sludge Holding tank with an Odor Control System,
~ Construction of a new Clarifier Flow Splitting facility,
" Improvements made to existing clarifiers,
-I Construction of new clarifiers, and
· Construction of new filters and chlorine contact chambers,
The proposed improvements are identified on the attached conceptual site development plan that
depicts existing and proposed structures. (Attachment I of this report also summarizes the
history of problems and corrective measures associated with the SCWRF modification which
provides for the basis of this submittal,)
A variance application is also provided as a companion to this petition for
existing and one proposed. The existing structure, which is Sludge Holding T
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Mr. Ray Bellows, Principal Planner
CC Planning Services
June 29, 2001
HM File 2000055
Page 2
along the eastern property line and constructed in 1996, falls :I: 10 feet short of the required 50
foot front yard setback. However, the 1996 SDP approved this structure with a 30 foot setback
which would not have resulted in any encroachment were the 30 foot side yard setback required.
The proposed Sludge Holding Tank #2 falls about 22 feet short of the required fifty foot front
yard setback also along the eastern property line. This proposed structure would have resulted in
only :1:2 foot encroachment were the 30 foot setback required. Both the existing and proposed
structures back up to the Royal Palm Maintenance area in Lely. An existing fence presently
separates the two properties.
1. Background
The SCWRF was constructed in Lely in the early 1970's and has been expanded on several
occasions prior to the County purchasing the plant in 1985 (see Attachment I). The subject
property includes 48 acres. Since the construction of the plant in the early 1970's, residential
development has taken place around the plant.
Since the plant is defined as an essential service by the Land Development Code, a Conditional
Use request is required to improve the plant. The existing zoning of the property is "A"
Agriculture, which provides for Conditional Uses for essential services. Therefore, the
procedures governing Conditional Uses provide the basis for reviewing the proposed request,
2, Land Use and Zoning
Approximately two-thirds of the site or 31 acres is presently used for the existing plant and the
proposed plant expansion including reclaimed water storage ponds and storm water management
areas, The balance of the property, or :I: 17 acres, is principally vacant and will be left as a natural
area, To the west of the property is a small area that provides a location for maintenance and
storage for the Royal Palm Golf Course in Lely. To the west of the maintenance area is a public
park developed and zoned for public use. To the north of the plant are residential land uses
zoned PUD for Lely. Uses to the south of the property are zoned and developed with RSF-4
single family uses. Areas to the east of the property are zoned "A" Agriculture and are vacant.
In summary, the predominant development pattern surrounding the subject property is residential
or open space in character, The proposed improvements are principally located interior to the
property with the exception of the Filters and Chlorine ,Contact Tank which are located along the
northern edge of the northwest comer of the facility, Extensive landscaping and a berm screen
these facilities from nearby residential structures to the north.
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Mr. Ray Bellows, Principal Planner
CC Planning Services
June 29, 2001
HM File 2000055
Page 3
3. Traffic
At the time of the previous Conditional Use Permit it was estimated that the facility generated
i:87 trips per day with a staff of 45 employees. This staffing level included both staff who
worked at this facility as well as those who worked in the sanitary sewer Collection System.
Since that time, the Collection System staff that previously worked out of this facility have
moved to a new facility, The amount of truck traffic associated with delivers and hauling of
sludge and other materials to the landfill will increase with expansion of this project, although
the number of trips for Collections System vehicles has been removed. It is estimated that there
will be approximately 50 trips per day.
A Traffic Impact Study is not submitted as part of this request as a waiver from the requirement
to prepare a Traffic Impact Study is requested because traffic impacts are not significant in terms
of the number of trips, and the number of trips is estimated to be less than that approved under
the previous Conditional Use Permit.
4. Environmental
The proposed improvements will be principally located within disturbed areas with the exception
of the proposed alternative access to be extended through a wetland area in the northeastern
comer of the property. These remaining natural buffer areas, comprising approximately 17
acres, again, will remain principally undisturbed. An Environmental Impact Study is not
provided as part of this petition for the above reasons. Therefore a waiver, pursuant to the
requirements of Section 3.8.9 is requested as part of this petition, (See attached request.)
5, Water Management
An existing SFWMD permit provides for the existing water management of the site, Revisions
to the existing permit will be made a part of subsequent development order requests, The outfall
for the property is located in the southwest comer of the property and discharges into the existing
control structure, which discharges into the drainage canal, located on the south side of the
property, Additional water management detention areas are proposed along the northeast and
western sides of the property to provide the 25-year storm event. (See the Conceptual Water
Management Plan, Sheet 4.)
6, Historic! Archaeological Impacts
In the review of the 1995 Conditional Use application, it was determined the subject property is
located outside an area of Historical and Archaeological significance as desi,noo Qnthe ,~ffisial-
Collier County Probability Map. , ':~~""'11L.
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Mr. Ray Bellows, Principal Planner
CC Planning Services
June 29, 2001
HM File 2000055
Page 4
7. Conditional Use Requirements
The following standards are provided for in Section 2,7.4.4 of the LDC for the review of
Conditional Uses, along with a description of how the proposed request complies with these
criteria. Additional support documentation again is provided for in Attachment 1, History of
Problems and Corrective Measures associated with the SC\VRF.
A. Consistency with the LDC and the Growth Management Plan.
Conditional Uses are presumed to be consistent with the Growth Management Plan if the
relevant standards pertaining to Conditional Uses are met.
B. Ingress and egress to property and proposed structures thereon with particular reference
to automotive and pedestrian safety and convenience. traffic flow and control and access
in case of catastrophe.
The current and historic means of ingress and egress for the SCWRF is through the
entrance gate on Warren Street immediately south of the Royal Palm Golf Club
maintenance facility, Generally, traffic into and out of the facility is along Saint Andrews
Boulevard and then either to US 41 (west) or to Rattlesnake Hammock Road (east).
There currently is an unpaved access driveway that connects the facility to Wildflower
Way through a second gated entrance. Historically this entrance has been used during
construction,
Over the years, local residents have expressed concerns regarding the main entrance
being on Warren Street and the primary traffic pattern being onto Saint Andrews
Boulevard and then either west to US 41 or east to Rattlesnake Hammock Road. In
response to the request from the local residents, the current expansion project will include
paving of the entrance onto Wildflower Way, including relocation of the intersection with
Wildflower Way to the south. Moving the entrance south on Wildflower Way will
provide for safer ingress and egress by vehicular traffic due to improved visual line of
sight along Wildflower Way when exiting the site and provide a greater distance between
the entrance driveway and the intersection of Wildflower Way and Saint Andrews
Boulevard, In addition, moving the entrance to the south will also minimize potential
impacts with residential areas as the entrance will be along a section of Wildflower Way
that has natural preserve areas on both sides of the road and further from residential areas.
This entrance will be used for construction traffic during construction with the Warren
Street entrance serving as the main entrance until the completion of construction. The
new Wildflower Way entrance will become the main entrance to the acttitx~H~~-
completion of construction. The primary traffic pattern for delivery \- hic~ and larg~ ?n
SE? 2 5 ~=~i
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Mr. Ray Bellows, Principal Planner
CC Planning Services
June 29, 2001
HM File 2000055
Page 5
trucks will be exiting the facility heading southeast on Wildflower Way, northeast on
Lely Resort Boulevard, and east on Grand Lely Drive to CR-951. In addition to the
delivery vehicle route, other traffic such as employees and guests will exit onto
Wildflower Way and head northwest to Saint Andrews Boulevard and then either east to
Rattlesnake Hammock Road or west to US 41.
C. The effect the Conditional Use would have on neighboring properties in relation to noise,
glare, economics or odor.
The previous project completed on this site under CU-95-2 included many provisions to
reduce the noise, glare, and odor impacts that this facility had on the neighboring
properties, Under the last construction project the largest facility (Preliminary Treatment
and Aeration Basin) was moved away from neighboring residential properties to the
southeast portion of the site surrounded by a significant natural buffer area. This facility
also has the greatest potential for noise and odor concerns. In order to address the odor
concerns, this facility was designed with covers over the tanks with the trapped foul air
removed using fans and enclosed air ducts for treatment by a chemical scrubber. This
odor control scrubber is capable of removing odor causing constituents of the air
resulting in removal of the potential odor concerns. With this in mind, the expansion of
the Preliminary Treatment and Aeration Basin facility includes two additional odor
control systems. One of these new scrubbers is being added to handle the air flow from
the existing and new Preliminary Treatment facility. This modification, providing a
separate odor control scrubber for the Preliminary Treatment facility, has been designed
to further improve on the removal of odor causing constituents, Part of the Aeration
Basin facility is the Blower building. Blowers are the mechanical equipment that
provides air to the treatment process that occurs in the aeration basins. The last
construction project included placing the blowers in a specially designed sound
attenuated structure to contain the noise generated while operating the blowers. The
expansion project will include construction of an addition to the existing Blower Building
to house new blowers. The expansion to this building will be very similar to the existing
building and will also include sound attenuation to contain the noise that the blowers
create. The addition of this equipment will not increase the decibel level at the perimeter
of the property. Another structure that is part of the Aeration Basin facility is the
electrical and emergency power generation system. Emergency power must be provided
to essential service facilities such as wastewater treatment plants. Operation of the
emergency power generation equipment generates noise, although only during periods of
operation. The existing facility has an emergency power generation facility that is
enclosed in a sound attenuation building that contains the noise that this equipment
produces when operating. The new Electrical and Generator Building will include the
same sound attenuation equipment as the existing Electrical and Generator Building an~~
this new facility will not increase the decibel level at the perimeter of t pro~~~-tr
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SEP 2 5 2001
Pt. 30
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Mr. Ray Bellows, Principal Planner
CC Pl~nning Services
June 29, 2001
HM File 2000055
Page 6
Another large structure that can potentially be associated with odor is the Sludge Holding
Tank. The existing Sludge Holding Tank is a covered structure with foul air removed
using fans directing the foul air to an odor control system for treatment. This odor
control system has been shown to be capable of removing odor causing constituents from
the air and not produce a noticeable odor at the perimeter of the plant. A new Sludge
Holding Tank similar to the existing tank is proposed with this project, The new Sludge
Holding Tank will have an odor control system similar to the existing tank.
A new Clarifier Flow Splitting Facility is proposed for construction near the central part
of the site. Although it is not anticipated that this facility will generate any odors, it has
been designed to allow placement of covers at a later date. The structure has been
designed to allow covers identical to those on the aeration basins to be installed with no
modifications to the structure. The blowers that are associated with this facility will be
housed in a small Blower Building that has been designed for sound attenuation similar to
the existing Blower building associated with the Aeration Basins, It is not anticipated
that this facility will result in odor or noise at the perimeter of the site.
Improvements will be made to the two existing Clarifiers to result in rapid removal of
any floating matter from the surface of these clarifiers. Although odors are generally not
associated with clarifiers, this improvement will reduce the possibility of odors coming
from the existing clarifiers in the future. In addition, the new Clarifiers that are proposed
with this project will include this same rapid removal system.
When the treated effluent enters the filtration and Disinfection Facility, it no longer
contains substances that would be expected to release any odor. The filtration and
disinfection system equipment itself does not produce a noise that would be anticipated to
be heard at the perimeter of the site, although the effluent transfer pumps that pump the
reclaimed water for storage prior to pumping off-site for irrigation have the potential for
producing noise. The existing effluent transfer pumps that were added with the previous
construction project were retrofitted with a specially designed sound attenuation structure
and no longer produce a sound that causes impacts at the property line. The new effluent
transfer pumps will be housed in a building that has been designed to include sound
attenuation materials to also limit the potential for noise from this facility to reach the
property line.
All of the improvements and additions proposed to be made to the SCWRF during the
proposed project have been designed to minimize potential noise, odor and glare impacts.
The proposed improvements have been designed to provide the same or better mitigation
of noise, odor and glare impacts that were addressed during the last project.:....__
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Mr. Ray Bellows, Principal Planner
CC Planning Services
June 29, 2001
HM File 2000055
Page 7
D, Compatibility with adjacent properties and other properties in the District.
Extensive berming and landscaping was provided along the north property line adjacent
to residential areas in Lely during the mid 1990's. Therefore, the existing landscaping,
along with other improvements proposed, is an enhancement to the existing facility,
designed to promote more harmonious land use relationships than previously existed.
In summary, based on the foregoing analysis and proposed improvements, the additions
to the SCWRF are an enhancement to the existing facility. Therefore, the petition can be
found in compliance with the aforementioned Conditional Use criteria. Therefore, there
is ample basis in the Collier County Land Development Code to support the proposed
request.
In closing, if any additional information can be provided to assist you in your review, please do
not hesitate to contact me.
Very truly yours,
HOLE MONTES, INC,
~a~
Robert L Duane, A.I.C.P,
Planning Director
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EXHIBIT -A- Page 2 of 2
HOLE. MONTES AND ASSOC., INC.
CONSULTING ENGINEERS -lANO SURVEYOA$
HMA File No. 8i.64E
12/22/86
PROPERTY OESCR I PT I ON
A parcel of land located In Section 20. Township SO South. Range
26 East. Coliier County, Fiorida, being more particularly
described as follows:
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Begin at the Southeast corner of Section 20, Township 50 South. ~ ~
Range 26 East, COllier County. Florida and run North 890]]'27- ~ ~
West along the South line of said Section 20 for 2,121.86 feet t~ ~
the Easterly right-of-way of the Lely Service Road; thence North .
38050'5]W West along said right-of-way for 123.00 feet; thence
North 79012']6W East for 1]5.00 feet; thence North 05024'00. West
for 140.11 feet; thence North 39056'49w West for 515.20 feet. to
Intersect non-tangentially a curve concaved Southeasterly; thence
run 135.36 feet along the arc of said Curve having a radius of
14.506.16 feet. a central angle of 00032'05-, a chord of 135.]6
feet and a chord bearing of South 18016'38- West to the East
right-of-way of said Lely Service Road; thence North 11059'24-
West along said right-of-way for 20.00 feet to the Southwest ~
corner of Lot 4 of lely Country Club Tanglewood I according to . ~
the plat thereof recorded In Plat Book 13 at Page 107 of the 1: <::)
Public Records of COllier County, Florida: thence run 4211.52 feetCii co
along the arc of a curve concaved Southea~terly. the same being P:I Q:)
the Southerly line of the said Plat of lea.y Country Club
Tan91~00d I. having a radius of 14,526.16 feet. a central angle
of 01040'28-, a chord of 424.51 feet and a chord bearing of North
78050'50- East to a point of tangency: thence North 79041'04-
East along said tangent. the same being the S'~therly Ilhe of the
said Plat of lely Country Club Tanglewood I 'or 1.090.48 feet;
thence South 10018'56- East for 20.00 fee& .0 Intersect.
non-tangentially. a curve concaved Nort~ ~sterly; thence run
598.38 feet along the arc of said cu,.... having a radius of 590.00
feet, a central angle of 58006'34-, a chord of 573.06 feet, a
chord bearing of North 50~37'47. East to a point of tangency;
thence North 21034'30. East for '7.16 feet; thence South
68025'30w East for 86.93 feet; thence South 32024'30- East for
917.14 feet to an Intersection with the East line of the
Southeast quarter of the said Section 20; thence South 02053'50-
West along the East line of the Southeast quarter of the said
SectIon 20 for 510.01 fee~ to.the POINT OF BEGINNING. .:. ~..
COntaInIng ~6.75t1 acres more or" less.
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RESOLUTION NO. 01-_
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A
CONDITIONAL USE FOR A WATER RECLAMATION FACILITY
ESSENTIAL SERVICE IN THE "A" RURAL AGRICULTURE
ZONING DISTRICT PURSUANT TO SECTION 2,6.9.2 OF THE
COLLIER COUNTY LAND DEVELOPMENT CODE FOR
PROPERTY LOCATED IN SECTION 20, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTy, FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws of Florida, and
Chapter 125, Florida Statutes, has conferred on Collier County the power to establish, coordinate and
enforce zoning and such business regulations as are necessary for the protection of the public; and
WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance
No, 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning
of particular geographic divisions of the County, among which is the granting of Conditional Uses; and
WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted
planning board for the area hereby affected, has held a public hearing after notice as in said regulations
made and provided, and has considered the advisability of a water reclamation facility essential service
conditional use pursuant to Section 2.6.9.2 of the Land Development Code in an "A" Rural Agriculture
Zone on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that
satisfactory provision and arrangement have been made concerning all applicable matters required by
said regulations and in accordance with Subsection 2.7.4.4 of the Land Development Code for the
Collier County Planning Commission; and
WHEREAS, all interested parties have been given opportunity to be heard by this Board
in a public meeting assembled and the Board having considered all matters presented.
NOW, THEREFORE BE IT RESOLVED by the Board of Zoning Appeals of Collier
County, Florida that:
The petition filed by Robert Duane of Hole Montes and Associates, representing the
Collier County Public Works Department with respect to the property hereinafter described as:
Exhibit "B" which is attached hereto and incorporated by reference herein
be and the same is hereby approved for a water reclamation facility essential service conditional
use pursuant to Section 2.6.9.2 of the Land Development Code in an "A" Rural Agriculture
Zoning District in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the
following conditions:
Exhibit "0" which is attached hereto and incorporated b rerere~l~""
No. iA
SEP 2 5 2001
?. ;?/1
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BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this
Board.
This Resolution adopted after motion, second and majority vote.
Done this
day of
, 2001.
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
A ITEST:
DWIGHT E. BROCK, Clerk
BY:
JAMES D.CARTER, Ph.D., CHAlRMAL'I.J
Approved as to F onn and
Legal Sufficiency:
JJ)avr.'~L m fJrL~d
Mazjorie'M. Student
Assistant County Attorney
RB~oICU!2001-AR-1156
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FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-2002-AR-1156
The following facts are found:
1. Section 2,6,9.2 of the Land Development Code authorized the conditional use.
2. Granting the conditional use will not adversely affect the public interest and will not
adversely affect other property or uses in the same district or neighborhood because of:
A. Consistency with the Land Development Code and Growth Management Plan:
Ves V No
B. Ingress and egress to property and proposed structures thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress & egress
Yes~ No
C. Affects neighboring properties in relation to noise, glare, economic or odor
effects:
_ No affect or /Affect mitigated by ~ ~ ~
_ Affect cannot be mitigated -{y..u ~.. .
D. Compatibility with adjacent properties and other property in the district:
Compatible use within ytrict
ves.L No
~ the above findings, this conditional use ~ with stipulations. (copy
~.ot) be recommended for approval .
DATE: 111/1001 cHAIRMAN:
EXHIBIT "An
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SEP 2 5 20m
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Page 2 of 2
HOLE. MONTES AHD ASSOC.. IHC.
OONSUL TING ENGINEERS - LAND suRVEY'OR$
HMA File No. .6.64E
12/22/86
PROPERTY O~I PTION
A parcel of land located In Section 20. Township SO South. Range
26 East. COllier COunty. Florida. being more particularly
described as follows:
CDC)
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Begin at the Southeast corner of Section 20. Township SO South, ~ ~
Range 26 East. COllier COunty. Florida and run North .9033'27. ~ ~
West along the South line of said Section 20 for 2.121.86 feet t~ ~
the Easterly right-of-way of the Lely Service Road; thence North '
38050'53. West along said right-of-way for t23.00 feet; thence
North 79012'36. East for 135.00 feet; thence North 05024'00. West
for 140.71 feet; thence North 39056'.9. West for 515.20 feet'to
Intersect non-tangentially a curve concaved Southeaslerly; thence
run 135.36 feet along the arc of said curve having a radius of
14,506.16 feet. a central angle of 00032'050. a chord of 135.36
fee,t and a chord bearing of South 78ot6'380 West to the East
right-of-way of said Lely Service Road; thence North tlOS9'2'.
West along said right-of-way for 20.00 feet to the Southwest
corner of Lot . of Lely Country Club Tanglewood I according to '
the plat thereof recorded In Plat Book 13 at Page 107 of the 1:-
Public Records of COllier County. Florida; thence run 424.52 feetGl
along the arc of a curve concaved Southea~terly. the same being ~
the Southerly line of the said Plat of Let~ COuntry Club
Tan91~00d I. having a radius of 14.526.16 feet, a central angle
of OtOqO'28.. a chord of 42q.51 feet and a chord bearing of North
7.050'50. East to a point of tangency; thence North 79041'0'.
East along said tangent, the same being the S'~therly Ilhe of lhe
said Plat of Lely COuntry Club Tanglewooa I 'or 1.090.q8 feet;
thence South 100l8'S'. East for 20.00 fee~ .0 Intersect,
non-tangentially. a curve concaved Hort~ ~sterly; thence run
598.31 feet along the arc of said cur'. having a radius of 590.00
feet. a central angle of 58006'3'-. . chord of 573.06 feet. a
chord bearing of North SO~37t'7- East to a point of tangency;
thence North 2103"30. East for 17.16 feet; thence South
68025'30. east for 1'.93 feet; thence South 3202.'30. East for
977.7' feet to a~ Intersection with the East line of the
Southeast quarter of the said Section 20; thence South 0205]'500
West along the East line of the Southeast quarter of the said
Section 20 for 510.07 fee~ to, the POINT OF BECINNINCi. " . ""
COntaining 46.7517 Icr.s more or' less.
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CONDITIONS OF APPROVAL
CU-OI-AR-1156
a) The Current Planning Manager may approve minor changes in the location, siting, or
height of buildings, structures, and improvements authorized by the conditional use,
Expansion of uses identified and approved within this conditional use application, or
major changes to the site plan submitted as part of this application, shall require the
submittal of a new conditional use application, and shall comply with all applicable
County Ordinances in effect at the time of submittal, including Division 3.3, Site
Development Plan Review of the Collier County Land Development Code.
b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity an historic or archaeological
artifact is found, all development within the minimum area necessary to protect the
discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
c) The applicant shall be responsible for the construction of turn lanes at the new project
entrance on Wildflower Way when requested by the Collier County Transportation
Department.
d) Provide a detailed intersection improvement plan for St. Andrews Boulevard and
Wildeflower Way at the time of site development plan review as deemed necessary
based on the traffic operation plan for the facility operation.
EXHIBIT "D"
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EXECUTIVE SUMMARY
PETITION V A-OI-AR-979, TERRANCE L. KEPPLE, P.E" REPRESENTING SHADER-
LOMBARDO PROPERTIES, LLC, REQUESTING AN AFTER-THE-FACT VARIANCE OF 12.1-
FEET FROM THE DISTANCE BETWEEN STRUCTURES REQUIREMENT AS PROVIDED FOR
IN THE VANDERBILT VILLAS PUD FROM 20-FEET TO 7,9-FEET FOR PROPERTY LOCATED
AT 515 ROMA COURT AND LOT 22, IN SECTION 21, TOWNSHIP 48 SOUTH, RANGE 25
EAST COLLIER COUNTY, FLORIDA.
OBJECTIVE:
This petition seeks an after-the-fact variance as noted above from the Distance Between Structures
requirement to allow for the occupancy of a multi-family condominium building while ensuring that
the community's interest is maintained.
CONSIDERATIONS:
The subject multiple-family tract is located within the Vanderbilt Villas PUD. This condominium
project was developed in two phases with the first phase (Building # 1) completed in 1989 and the
second phase (Building #2) completed this year. The Vanderbilt Villas PUD document currently
,.-_ requires the distance between structures to be a minimum of 20-feet. The location of the second
building as depicted in the site development plan (SDP-90-60) showed a proposed two-story Building
#2 to be 21- feet from the existing Building # 1 at the closest point as measured from the outside wall of
each building, However, the location of the stairs and access walk for Building #1 were not depicted on
this site development plan that was first submitted by the original developer, As a result, when staff
reviewed the site plan, they did not have infonnation necessary to detennine that Building #2 would
not meet the required 20-foot distance between structures requirement from roofed stairway and access
walk of Building #1.
This SDP was amended on July 26, 2000 by the current developer to accommodate a three-story
building and to meet the current landscaping and planning requirements. This amended site
development plan (SDP-90-60A) prepared by Terrance L. Kepple (the project engineer) also did not
depict the location of the existing stairs and access walk of Building #1. In addition, the survey of
Building #1 (prepared by Bill Allen) was not updated to depict the existing conditions of Building #1
and did not show the access walk and stairway. Therefore, SDP-90-60-A was approved by Current
Planning Staff and Building #2 was subsequently constructed by the current developer, in the location
shown on the approved site development plan, but within 7,9 feet of the roofed stairway of Building
#1. This building is now ready for final certificate of occupancy, however, the Building Department
will not issue a CO for the end units until a variance is approved allowing the encroachment.
It should be noted that if this variance request is not approved, then that portion of Building #2 that
doesn't meet the 20-foot Distance Between Structures requirement (at least 12.1 feet~haveJ~_.
removed and the structure rebuilt consistent with this requirement. AGENOA ~
No. 1
~.
1
SEP 2 5 2001
P1.-J
During the construction of Building #2, the County Building Inspectors required the contractor to
upgrade the fire rating of the exterior wall to maintain a 2-hour rating between the new building and
the roofed stairway of Building #1. Later, after the building was nearly completed, a resident of
Building #1 notified Code Enforcement that Building #2 appeared to be too close to the stairway of
their building. Subsequently, it was determined that the approved site development plan should have
measured the 20-foot distance between structures requirement from the existing stairway and access
walk of Building #1 because they are incorporated into the principal structure with a common roof.
Because of the common roof connection, the protruding staircase is deemed to be part of the principal
structure, As a result, Building #2 was constructed consistent with the SDP that incorrectly measured
the required 20-foot distance between structures requirement from the outside wall of each building
and not from the roofed access walk and stairway,
FISCAL IMPACT:
Approval of this variance request will have no fiscal impact on Collier County,
GROWTH MANAGEMENT IMPACT:
Approval of this variance request will not affect or change the project's consistency with the
requirements of the Growth Management Plan.
_'0
ENVIRONMENTAL ISSUES:
There are no unusual environmental issues associated with this petition.
PLANNING SERVICES STAFF RECOMMENDATIONS:
Staff is of the opinion that there are special conditions and circumstances, which are not the direct
result of the applicant such as the approved site development plan (SlJP-90-60) that was prepared by
the previous developer that incorrectly measured the distance between structures requirement.
However, if the developer submitted the correct information on the amended site plan (SDP-90-60 A),
the buildings could have been designed and constructed to meet all setback requirements, Furthermore,
because there are no land related hardships, Planning Services staff is constrained from recommending
approval and therefore, recommended that the CCPC forwarded Petition V f~-Ol-AR-979 to the BZA
with a recommendation for denial.
.-.'
ENVIRONMENTAL ADVISORY COUNCIL (EAC) RECOMMENDATIONS.:........ ~"
AGENDA ITEM
The EAC did not review this petition since they do not normally hear variance pe itio~ '1 t!J
SEP 2 5 2001
Z
2 PI,
COLLIER COUNTY PLANNING COMMISSION (CCPC) RECOMMENDATION:
The CCPC heard this petition on September 7, 2001 and voted 5 to 2 to forward Petition V A-01-AR-
979 to the Board of Zoning Appeals (BZA) with a recommendation of denial. This recommendation
was based on their findings that the stairway is incorporated into the principal structure by a common
roof, which is consistent with the strict definition of "structure" that is clearly defined in the Land
Development Code. Conversely, the two votes for approval was based on staffs finding that there are
some special conditions and circumstances that are not the result from action of the applicant.
In addition, they felt that the literal interpretation of the provisions of the LDC would cause
unnecessary and undue hardship on the applicant if they were required to tear down that portion of
Building #2 in order to meet the 20-foot distance between structures requirement. Lastly, one person
(representing the residents in Building #1) spoke in opposition to the granting of the variance while
staff has also received a petition from the residents of Building #1 opposing the variance.
PREPARED BY
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RAY LLOWS, PRINCIPAL PLANNER
CURRENT PLANNING SECTION
~'IO'OI
DATE
REVIEWED BY:
J~~/") Y'bc{....'Gu-y
SU~AN MURRAY, AICP, MANAGER
CURRENT. PLANNING SECTION
~0iW
THOMAS E, KUCK, P,E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
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ATE
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DATE
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DATE
JO j M, DUNNUCK. III, INTERIM ADMINISTRATOR
corv UNITY DEV. AND ENVIRONMENTAL SVCS.
AR-979/EX SUMMARY!RVB/rb
3
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SEP Z 5 2001 !
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AGENDA ITEM 7-C
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MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
DATE:
AUGUST 15,2001
RE:
PETITION NO: V A-2001-AR-979, VANDERBILT VILLAS
OWNER! AGENT:
Agent:
Mr. Terrance L. Kepple, P .E.
Kepple Engineering, Inc.
3806 Exchange Avenue
Naples, Florida 34104
Owner:
Shader-Lombardo Properties, LLC
7164 N, Main Street
Clarkston, MI 48346
REQUESTED ACTION:
The petitioner is requesting an after-the- fact variance of 12.1- feet from the required 20- foot
distance between structures requirement of the Vanderbilt Villas PUD to 7.9-feet between two
residential multi-family buildings,
GEOGRAPHIC LOCATION:
The property fronts on the east side of Vanderbilt Drive and is located at 515 Roma Court and is
further described as Lot 22, Vanderbilt Villas, Section 21 , Township 48 South, Range 25 East.
(See illustration on the following page)
PURPOSE/DESCRIPTION FOR VARIANCE:
The subject multiple-family tract is located within the Vanderbilt Villas PUD. This
condominium project was developed in two phases with the first phase (Building #1) completed
in 1989 and the second phase (Building #2) completed this year. The Vanderbilt Villas PUD
document currently requires the distance between structures to be a minimum of 20-feet. The
location of the second building as depicted in the site development plan (SDP-90-60) showed the
recently constructed Building #2 to be approximately 21-feet from the first building a~closesL _
point as measured from the outside wall of each building. AGENOA !Tb
No. 7
SEP 2 5 2001
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The location of the stairs and access walk are depicted on the revised plan for this variance
request (Exhibit II A"). However, the site development plans that were submitted by the original
developer did not depict the location of the roofed stairs and roofed access walk of the existing
Building #1. As a result, when staff reviewed the site plan, they did not have information
necessary to determine that Building #2 would not meet the required 20-foot distance between
structures requirement. In addition, prior to the construction of the second building by the new
developer, the SDP was amended on July 26,2000 to accommodate the current landscaping and
planning requirements. These amended plans did not depict the location of the existing stairs
and access walk of Building #1. Furthermore, the survey by Bill Allen was not updated to depict
the existing conditions of Building #1 (Exhibit liB"). Therefore, Building #2 was constructed by
the current developer, in the location shown on the approved site development plans (SDP-90-
60), which the buildings are now ready for final certificate of occupancy.
It should be noted that during the construction of Building #2, the County Building Inspectors
required the contractor to upgrade the fire rating of the exterior wall to maintain a 2-hour rating
between the new building and the roofed stairway of Building #1. Later, after the building was
nearly completed, a resident of Building #1 discovered that their stairway was only 7.9 feet from
the Building #2. Subsequently, it was determined that the 20-foot distance between structures
requirement should have been measured from the existing stairway and access walk of Building
#1 because they are incorporated into the principal structure with a common roof. As a result,
Building #2 was constructed consistent with the SDP that incorrectly measured the required 20-
foot distance between structures requirement from the outside wall of each building and not from
the roofed access walk and stairway.
SURROUNDING LAND USE AND ZONING:
Existing:
The subject multi family site is currently developed and is zoned PljD,
Surrounding: North - Golf Course; Zoned: "Collier Tract 21 PUD",
East - Single Family; Zoned: "Vanderbilt Villas PUD",
South - Roma Court and the developed Northshore Lake Villas P
West - Vanderbilt Drive and the Dunes PUD,
2
:00; '~ 1
SEP 2 5 2001
(p
PI.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is not located within an area of historical
and archaeological probability as referenced on the official Probability Map. Therefore, no
Cultural Survey and Assessment is required.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The Vanderbilt Villas PUD is approved for a maximum of 75-dwelling units (21 single family
and 54 multi-family). The building permit records indicate that phase I of the development
contains 16 dwelling units while the amendment to the original side development plan for phase
II of the project was approved for 36 dwelling units resulting in a total of 52 multi-family
dwelling units. The requested variance does not have any impact on this property's consistency
with the County's Growth Management Plan.
EV ALUATION FOR
INFRASTRUCTURE:
ENVIRONMENTAL.
TRANSPORTATION
AND
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 gives the authority to the Board of Zoning Appeals
(BZA) to grant variances. The Planning Commission is advisory to the BZA and utilizes the
provisions of Subsection "4" (a) through (h) which are general guidelines to be used to assist the
Commission in making a determination. Responses to items in this Subsection are as follows:
a. Are there special conditions and circumstances existing, which are peculiar to the
location, size and characteristics of the land, structure, or building involved?
No. The subject site is a legal conforming lot of record with no land related hardship.
Staff is also of the opinion that the structures could have been designed to meet all the
applicable setback requirements. Conversely, the building was constructed consistent
with SDP-90-60 that was filed by the previous owner. At the time of SDP approval, it
was not apparent that the site plan did not show the existing protruding stairs of Building
#1. As a result, the SDP and subsequent amendment (Exhibit "C") were approved with
the appropriate 20-foot distance between structures requirement from the outside wall of
Building #1 to the outside wall of Building #2. Only after Building #2 was nearly
completed '^ as it discovered that the distance between the stairway for the first building
and the wall of the second building should also have been 20-feet. Based on these unusual
circumstances, there may be some justification for giving special consideration to this
property ,
b.
Are there special conditions and circumstances, which are not the result from the
action of the applicant such as pre-existing conditions relative to t ITEM
which is the subject of the variance request? ~ 1 n
SEP 2 5 2001
Pt.~
3
Yes. As previously noted, the current developer constructed the second building in
accordance with the approved site development plan that was submitted by the previous
developer. Therefore, the current developer was unaware that the approved SDP should
have shown the location of the existing stairwell of Building #1 and that it should have
been shown on the amended site plan. In addition the survey that was submitted with the
amended site plan was not updated to show the access walk and stairway of building #1.
c. Will a literal interpretation of the provisions of this Land Development Code work
unnecessary and undue hardship on the applicant?
Yes. Based on the fact that the intent of the distance between structures requirement is
being met since the distance from the outside wall of Building #1 to Building #2 is 23.5
feet apart. However, the distance between structures is only 18,5-feet when measured
from the access walk of Building #1 to the outside wall of Building #2 and 7.9-feet from
the end of the stairway of the first building to the second building. Because the stairway
and access walk are integrated into the first building by having a common roof, they are
deemed part of the principal structure and thereby are required to meet the distance
between structures setback. The applicant indicates that this would be an undue hardship
to tear down a portion of Building #2 in order to meet the 20-foot distance between
structures requirement.
d. Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes, the petitioner is only seeking the minimum amount to reflect the existing conditions
on the subject lot and to comply with the requirements of the Land Development Code.
e. 'ViIl granting the variance requested confer on the petitioner any special privilege
that is denied by these zoning regulations to other lands, buildings, or structures in
the same zoning district?
Yes, the granting of the requested variances will allow for a reduced distance between
structures setback, however, all variances effectively do this, It should be noted that the
existing building complies with all other setback requirements in this PUD,
f. Will granting the variance be in harmony with the general intent and purpose of
this Land Development Code, and not be injurious to the neighborhood, or
otherwise detrimental to the public welfare?
No, Staff is of the opinion that the granting of this variance will not be in keeping with
the general intent and purpose of the Land Development Code. In addition, the proposed
after-the-fact variance might have some adverse impact on the circulation of light and air
between the stairway and the Building #2. However. it is unlikely that any detriment to
the public welfare would result from its approval since the outside wall of the Building #2
was improved to meet fire safety requirements. Therefore, the proposed variance will not ___
be injurious to the neighborhood. --;c;iNoAiT~
No. 7 I!;)
4
SEP 2 5 2001
PI. 95
g. Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes. During the construction of Building #2, the contractor to upgraded the fire rating of
the exterior wall to maintain a 2-hour rating between the new building and the roofed
stairway of the first building. This upgraded firewall represents a physically induced
condition that is intended to mitigate the fire safety impacts of the encroaching structure.
h. Will granting the variance be consistent with the Growth Management Plan?
The granting of the requested variance will not affect or change the requirements of the
Growth Management Plan.
EAC RECOMMENDATION:
The Environmental Advisory Council does not normally hear variance petitions.
STAFF RECOMMENDATION:
In summary, Building #1 was constructed by the current developer and is consistent with the
approved site development plan that was originally filed by the previous developer and its
subsequent amendment. It was not discovered until Building #1 was nearly completed that the
approved SDP did not indicate the locations of the existing stairway and access walk of
Building #1, which has resulted in this variance request. Building #1 is also constructed and
ready for the issuance of a certificate of occupancy. Staff is of the opinion that there are
special conditions and circumstances that exist (as noted above). However, if the developer
submitted the correct information, the buildings could have been designed and constructed to
meet all setback requirements. Furthermore, there are no land related hardships. Therefore,
staff is constrained from recommending approvaL
That the Collier County Planning Commission (CCPC) recommend denial of Petition V A-2001-
AR-979 being a petition seeking a 12.1 foot variance from 20-foot requirement for the distance
between structures for property described in the Resolution of Adoption.
~'iDA
*- '10
SEP 2 5 2001
~I. q
5
PREPARED BY:
~nJL
RAY LLOWS, PRINCIPAL PLANNER
CURRENT PLANNING SECTION
REVIEWED BY:
~~~
SUS-AN MURRAY, AICP. MANAGER
CURRENT PLANNING SECTION
~eU
THOMAS E. KUCK. P,E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
J CK, III, INTERIM ADMINISTRATOR
I
OMMUN1TY DEV, AND ENVIRONMENTAL SVCS.
Staff Report for September 7,2001 CCPC meeting.
V A-O l-AR979/ST ArF REPORT/RVB/rb
6
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DATE
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<;/22/01
DATE
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SEP 2 5 2001
pt. 10
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SE'Cr/ON 21
.1'48
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L E'CA L DE'SCRIPrtON
This is a boundary surveyor Lot ~2 VANDERBILT
VILLAS as recorded in Plat Book 1~, Page ~ or the
Public Records or Collier County, Florid.
A furthe~ survey was done Sept. 21, 1988,
~he structure was located as shown.
ReVISIONS
.. Set Iron ?1n
O'rd. Iron Pin
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~JOTES
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<::.1 survcyor's SCil],
CERTIFICA TF.:
I hcrcby ccrUry that the above descrIbed property was surveyed
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to the best of my knowledge. This survey meels or exceeds the
minimum technical standards set forth by the'Florlda Goard or
Land Surveyors. pursuant to Sectlon 472.027 Florida Statutes,
There are no visIble encroachments .other than those shown
hereon.
W~ 0.. ~
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SEP 2 5 2001
P&.-11--
AGaI)A lTEN
No. 7 !!J
SEP ? 5 2001
pc. 15
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SEP 2 5 2001
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~AGENoA Ita.
No. 7 6
SEP 2 5 2001
pt. I f""]
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~ 7 b ·
SEP ~ 5 2001 \
PI,
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He. 1 b
SEP 2 5 2001
Pt.J:L-
AGENDA 1fJ;
No. 1
SEP 2 5 2001
PI_ 20
- -
- ~ . ...-
42
~
AGENDA rTEM--~~
~ 76 ;
SEP 2 S ZOOl
PI.aL--
VARIANCE PETITION
(VARIANCE FROM SETBACK(S)
REQUIRE~ FOR A PARTICULAR ZONING DISTRICT)
VA-2001-AR-979
VANDERBILT VILLAS
PETITION NO. PROJECT #19993172
DATE: 6/4/01
PROJECT PLANNER RAY BELLOWS
RECEIVED
,..........,..... ....., ..,.... .. ........._., ..... _.. _ __ _~"F)
PETITIONER'S NAME Shader-Lombardo Properties, LLC
PETITIONER'S ADDRESS 7164 N. Main St.
Clarkston, MI 48346 TELEPHONE248-625-0036
AGENT'S ADDRESS Terrance Kepple, 3806 Exchange Ave.
Naples, FL 34104
TELEPHONE 403-1780
LEGAL DESCRIPTION OF SUBJECT PROPERTY: LOT(S)~ BLOCK(S)
Vanderbilt
SUBDIVISION Villas SECTION 21 TWP. 48 S RANGE 25 E
(If legal description is lengthy, i.e. metes & bounds
description, attach additional page)
CURRENT ZONING OF SUBJECT PROPERTY PUD
EXISTING LAND USE ON SUBJECT PROPERTY Condominium
ADJACENT ZONING & LAND USE
ZONING LAND USE
N PUD Golf Course
S PUD R/W - Roma Ct.
E PUD Single family
W PUD Vanderbilt Dr.
MINIMUM YAFD REQUIREMENTS FOR SUBJECT PROPERTY
40'
(CIRCLE ONE)
FRONT:
1
YES (CIRCLE ONE)
~GOOAifuA--1
Ho.1'3
SEP 2 5 2001
pc,~
SIDE:
40'
REAR:
40'
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 if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
SEE ATTACHED SHEET
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 (1-6). (Please address this cri teria 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.
All buildings are constructed. The stairway was not an issue
on the original spot surveyor the original SDP (90-60)
~_.
---;'GOO~ \rd,4
No.
2
PC,~~
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.
The original (1988) survey and SDP (1990) do not show the
stairs on the original buildinq
3. Will a literal interpretation of the provisions of this
zoning code work unnecessary and undue hardship or create
practical difficulties on the applicant.
Yes, the buildings are all constructed.
4. 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.
Yes, the new buildinq can be modified to addr~~~ ~ny
fire code issues without any maior changes
5. 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, exterior/boundary setbacks are not affected. M~ny
buildings are closer, although connected by roofs or other means
-::1A Yf
3
SEP 2 5 2001
PI.~
6. Will granting the variance be in harmony with the intent and
purpose of this zoning code, and not be injurious to the
neighborhood, or otherwise detrimental to the public
welfare.
Yes, all buildings codes will be met, and there will
be no health or safety issues.
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.
No
8. Will granting the variance be consistent with the growth
management plan.
Yes, the growth management plan allows the County to
change/adjust setbacks.
4
~A~AiTEM
~--1J9-
'SEP 2 5 2001
pc./).9
AFFIDAVIT
I, f}t{V// j.//#/)/y~ being first duly sworn, depose
and say that I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be
completed and accurate. befor~e a h~aring can be advertised. I
further permit "li,,,,)'/t' ~(~ to act as my
(AGENT'S E)
representative in any matters regarding this
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me this
'PI.;!- ~of M~ z,..o&1 , 19~~y t1?v,.~ t.t7M'.J,/?~#
( who is pe onally known to m r who has produced
~l.denL.i.ficatioll cmd w110 dlcr(did not) take an oath.
,~~C)
._.....4~
NOTARY PUBLIC
Commission #
~~s:
~f!?
SIGNATURE OF ENT
(f...',....
*: .:;. ~
. 'i)./;
I.IOC).:'.,
" c.:: (~f',NeE 1... KEPPLE
. '. "..MISSION#CC7l4599
_ ,r'IR(s, 10I20IZ002
-.-...
NOlIIy s.m- . ..... Co.
State of Florida
County of Collier
The foregoing Agreement Sheet was acknowledged before me this
~':D\\X'\ day of (\~ 02ei::::>\, ~ by \0 <(n V'\("..Q.. , \~,>\)lp_
, who i~ pblnall v known to rnJ:t or who has produced ~J 4.
as identification and who did (did not) take an oath.
r L'),. DEBl Me SICIU^NO J
'1....1 IIYCOMKlSSlON # CC 7111802.
"'.' BXPlRES:0dcIler 7, 2002
~ AIL NoIIIIys.b & 80rdrq Ca.
b.e.. \:) ,;;;) ~~0 \ \ ,G. n D
NOTARY UBLIC
Commission #
My Commissi~Ex~~ .
~~;'D
~IANCE APPLICATION/md
5
SEP 2 5 2001
PI. r9. (j
08/20/2001 11:19
9414031787
PAGE 01
3806 Exchange Ave. Naples, Florida 34104 (941) 403-1780 Fax (94 I} 403-1787
Memorandum
DATE:
TO:
8/20/01
Ray Sellows
RE: Vanderbilt Villas
Varianc:e
From: Terry KeDDie
Roy.
The two membenl of the Shader-Lombardo Properties. LLC are:
,. Jack Schader
2. David Lombardo
Thare are no other members/partnel1l.
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Vanderbilt Villas
Variance Petition
Vanderbilt Villas condominium was developed in 2 phases. The first building was
constructed in 1988/1989, Subsequent to that, the County adopted the LOC, requiring
SOP's on virtually all projects. The second buildings location was approved by SDP 90-
60. as submitted by the original developer. At the time, the original developer submitted
a survey locating the original building and the site plan showed the second building 21
feet from the first building. The second building was only recently constructed (by a new
developer) and was constructed in substantial accordance with SOP 90-60. Prior to
construction of the second building, the SOP was amended to accommodate current
landscaping and planning issues and some minor site changes were approved. The
second building was constructed, in the location shown on the site plan and is currently
ready for final certificate of occupancy.
During construction, of the second building, the contractor was required to upgrade the
fire rating of the exterior wall to maintain a 2 hour rating between the new building and
the existing stairway. The neighbors in the first building have found that the stairway to
their building is not 20 feet from the new building and have suggested that the distance
from their stairway should be 20 feet to the new principle structure, not 20 feet to their
principle structure as originally approved (May 4, 1990) by SDP 90-60,
The County is now concerned that the required distance between buildings (20 feet) is
not being met due to the location of the stairs of the original building to the new
building. The new building is 7.9 feet from the stairs, 18.5 feet from the access walk(to
original building) and 23.5 feet to the outside wall of the original building, Apparently
the problem stems from the stairs (of th~ original building) not showing on the 1988
survey, SOP 90-60 (approved 5.4/90) or the amended SOP (July 26,2000).
Distance between principle structures
Required
20'
20'
20'
Ex stairwell to Bldg #2
Bldg # I walk to Bldg #2
Bldg # 1 to Bldg #2
Existing
7.9'
18.5'
23.5'
Proposed
7.9'
18.5'
23.5'
-AGENO~EM
He. 7
SEP 2 5 2001 \,
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Pl.
VA-2001-AR-979
VANDERBILT VILLAS
PROJECT #19993172
DA TE: 6/4/01
RAY BELLOWS
A. -..ESSING CHECKLIST
Please complete the following and submit to the Addressing Section for Review. Not all items will apply to
every proi~t. Items in bold type are required.
1. Legal description of subject property or properties (cop of lengthy description may be attached)
t. I ~t-- .,,));'
2. Folio (Property ID) number(s) of above (attach to, or associate with, legal description if more than one)
7/f 11 t;",9~.{) ~i.jr l q '1 <\ ~0~C')('"')-O""
3. Street address or addresses (as applicable, if already assigned)
'i?f'" ~Ar/ CI'
4. Location map, showing exact location of project/site in relation to nearest public road right-of-way (attach)
5. Copy of survey (NEEDED ONLY FOR UNPLATTED PROPERTIES)
6. Propo~;ed project name (if applicable)
7. Proposed Street names (if applicable)
8. Site Development Plan Number (FOR EXISTING PROJECTS/SITES ONLY)
.~DP _fL - 6"0
<; etitioD Type _ (Complete a separate Addressing Checklist for each Petition Type)
DSDP (Site Development Plan)
DSDP A (SDP Amendment)
o SDPI (SDP Insubstantial Change)
o SIP (Site Improvement Plan)
o SIP A (SIP Amendment)
o SNR (Street Name Change)
o Vegetation/Exotic (Veg. Removal Permits)
o Land Use Petition (Variance, Conditional Use,
Beat Dock Ext., Rezone, PUD rezone, etc.)
~ Other - Describe: I'
10. Project or development names proposed for, or already app
applic3.ble; indicate whether proposed or existing)
11. Please Check One: 0 Checklist is to be Faxed Back ersonally Picked Up
12, ~ppli.cantName , <<,Y~>: /1#, ' Phone 'lPJ-/ltf~ Fax '1~J-I71f7
13, Signature on Addressmg Checkhst does not constItute Project and/or Street Name appro~L.and.is.s~ct to
further review by the Addressing Section. -'" ...
FOR STAFF USE ONLY
Primary Number \ C\ t..l-~ \ f"\
Address Number
ress Number
Aad.ress Number
o PPL (plans & Plat Review)
o PSP (preliminary Subdivision Plat)
o FP (Final Plat)
o LLA (Lot Line Adjustment)
o BL (Blasting Permit)
o ROW (Right-of-Way Permit)
o EXP (Excavation Permit)
o VRSFP (Veg. Removal & Site Fill Permit)
"ng in, condominium documents (if
l: : '\ ;
Approved ~AAj II
Date
,",';'NOA;T;~
Revised 3-21-01
SEP 2 5 2001
Pi. ~
RESOLUTION NO. 01-_
RELATING TO PETITION NUMBER V A-
200l-AR-979, FOR A VARIANCE ON
PROPERTY HEREUNAFTER 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 l2.1-foot
variance from the distance between structure requirement of 20 feet to 7.9 feet as shown
on the attached plot plan, Exhibit "A", in a "PUD" Zone for the property hereinafter
described, and has found as a matter of fact that satisfactory provision and arrangement
have been made concerning all applicable matters required by said regulations and in
accordance with Section 2.7.5 of the Zoning Regulations of said Land Development
Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be heard by
this Board in public meeting assembled, and the Board having considered all matters
presented;
NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS of Collier County, Florida, that:
The Petition V -200 l-AR-979 filed by Kepple Engineering, representing
Shader-Lombardo Properties, LLC, with respect to the property hereinafter described
as:
Lot 22, Vanderbilt Villas, as described in Plat Book 15, Pages 5-6, of
the Public Records of Collier County, Florida.
be and the same hereby is approved for a 12.l-foot variance from the required distance
between structure requirement of 20 feet to 7.9 feet as shown on the attached plot plan,
Exhibit "A", of the "PUD" Zoning District wherein said property is located, subject to
the following conditions:
~A':":"\lDA IT .:.M
No. 7 f/
SEP 2 5 2001
P&.~
1
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BE IT RESOLVED that this Resolution relating to Petition Number
V A-200l-AR-979 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
James D. Carter, Ph.D., Chairman
Approved as to Form
and Legal Sufficiency:
~) ~.'
I h~'t1.1 u :n) L.u<.'tt:.t,-t
Marjo' M. Student
Assistant County Attorney
RBlloIV A-200I-AR-979
A....i.j'-iOA n .:.M
No.1{1y
SEP 7 5 2001
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SEP 2 5 2
3'5
pt.
,..,_..
EXECUTIVE SUMMARY
PETITION RZ-OI-AR-823, MR. TIM HANCOCK OF VANASSE AND DA YLOR, LLP,
REPRESENTING THE SUNSET LLC, REQUESTING A REZONE FROM "GC" GOLF COURSE
TO THE "RSF-4" RESIDENTIAL SINGLE FAMILY ZONING DISTRICT TO ALLOW FOR A
MAXIMUM OF 12 SINGLE FAMILY DWELLING UNlTS FOR PROPERTY LOCATED AT THE
NORTHEAST END OF FOREST HILLS BOULEVARD, IN SECTION 19, TOWNSHIP 50 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 3.51 ACRES MORE OR
LESS.
OBJECTIVE:
To have the Board of County Commissioners consider an application to rezone the subject site from
"GC" to "RSF-4" as noted above to allow the development of single family homes consistent with all
the applicable codes and regulations in order to ensure that the community's interests are maintained in
this single-family neighborhood.
CONSIDERATIONS:
The subject 3.51-acre property is currently zoned "GC" and abuts the Lely Golf Course and residential
- community. The site is currently being utilized as the Naples Racquet Club containing seven tennis
courts within three main court areas. It should be noted that the racquet club is not a permitted use
within the "GC" Zoning District and is a pre-existing nonconfom1ing use. The petitioner has indicated
that due to the small size of the site and limited number of courts, the racquet/tennis club facility can
no longer sustain itself. As a result, the petitioner is now proposing to rezone the subject site to the
"RSF-4" Zoning District, which will allow 12 single-family dwellings (3.4 units per acre). The
projected build-out for the proposed residential subdivision is projected to be in the year 2005. In
addition, the access point for the proposed subdivision is to be from the extension of Forest Hills
Boulevard that also serves other single-family residences in the area.
Transportation Planning Staff has reviewed the applicant's Traffic Impact Statement (TIS) and has the
following comment. The proposed rezone to the "RSF-4" Zoning District will result in 147 ADT and
18 trips during the AM Peak Hour, As a result, the proposed amendment will not generate traffic that
exceeds the significance test standard (5 percent of the LOS "C" design volume) on any County road
when completed. Therefore, this petition is consistent with Policies 1.3, 1.4, 5.1 and 5.2 of the
Transportation Element.
In regards to compatibility, it should be noted that the existing racquet/tennis facility has access off of
Forest Hills Boulevard that is adjacent to the residential "RSF-3" zoned properties to the south and
east. In addition, there are multi-family zoned lands to the north along the south side of Rattlesnake-
Hammock Road and to the southwest. Since the site abuts the Lely Golf Course on three sides, the
subject site is buffered from these residential areas. Furthermore, the storm water management system
in the area will be improved by this development.
--
AGENDA I.TE~
No. f
1
SEP 2 5 2001
Pg.
I
The final lot layout will be evaluated at the time of preliminary subdivision plat application for storm
water impacts on the surrounding land uses. Lastly, the proposed 12 lot subdivision will provide a cul-
de-sac to replace the current gravel pull-off adjacent to the existing single family lots. As a result, the
proposed petition should not adversely impact the existing residential land uses in the area. Therefore,
staff is of the opinion that the development regulations, landscaping, screening and buffering
requirements of the "RSF -4" District are consistent with other residential properties in the area.
FISCAL IMPACT:
This rezone by and of itself will have no fiscal impact on the County. However, if this request meets its
objective, a portion of the existing land will be further developed, The mere fact that new development
has been approved will result in future fiscal impact on County public facilities. The County collects
impact fees prior to the issuance of building permits to help offset the impacts of each new
development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities.
The following impact fees will be applicable to this project:
. Park Impact Fee: $578.00 per unit
. Library Impact Fee: $180.52 per unit
. Fire Impact Fee: $0.15 per square feet of building
. School Impact Fee: $827 per unit
. Road Impact Fee: $890 per unit
. Correctional Facilities: $117.98 per dwelling unit
. Radon Impact Fee: $0.005 per square foot of building
. EMS Impact Fee: $2 per unit
. Building Code Adm.: SO.005 per square foot of building
. Micro Film Surcharge: $1.50 per unit
For an average unit size of 1,000 square feet, the total fiscal impact will be $2,757.18 per unit. Since
this project proposes 12 units, the total amount of residential impact fees collected at build-out will
total 533,086.16. It should be noted that because impact fees vary by housing type and because this
approval does not provide this level of specificity as to the actual type of use, the total impact fee
quoted above is at best a raw estimate. Additionally, there is no guarantee that the project at build-out
will have maximized their authorized level of development. Other fees will include building permit
review fees and utility fees associated with connecting to the County's sewer and water system.
Building permit fees and utility fees have traditionally offset the cost of administering the community
development review process, whereas utility fees are used on their proportionate share of impact to the
County system. Finally additional revenue is generated by application of ad Valorem tax rates.
2
AGENDA ITEM
No. f/ ta--
SEP 2 5 2001
Pg. L
_.
The revenue that will be generated depends on the value of the improvements. At this point in time a
model has not been developed to arrive at a reasonable estimate of tax revenue based on ad Valorem
tax rates. Nevertheless, it should be appreciated that not withstanding the fiscal impact relationship,
development takes place in an environment of concurrency management. When level of service
requirements fall below adopted standards, a mechanism is in place to bring about a cessation of
building activities. Certain LOS standards apply countywide and would therefore bring about a
countywide concurrency determination versus roads that may have local geographic concurrency
imp lications.
GRO\VTH MANAGEMENT IMPACT:
The subject site is located within the Urban - Mixed Use District, Urban Residential Sub-district area
as identified on the Future Land Use Element (FLUE) and map of the Growth Management (GMP).
This designation allows for residential land uses and certain non-residential uses including recreational
facilities and commercial uses. Relevant to this petition, this Sub-district permits a base density of 4
units per acre, The site also eligible for three additional units per acre (for a total of 7 units per acre)
since the site is consistent with the Residential lnfill Criteria. However, since the site is also located
within a Traffic Congestion Area, it is subject to a one dwelling unit per acre reduction in density for a
maximum total of six units per acre or a maximum of 21 residential dwelling units. Based on staff
review for consistency with the GMP, the proposed "RSF-4" Zoning District (the actual density will be
3.4 units per acre) is consistent with the Density Rating System contained in the FLUE of the Collier
County GMP.
PLANNING SERVICES ST AFF RECOMMENDATION:
Staff recommends approval of Petition RZ-OI-AR-823 subject to the stipulation contained in the
Ordinance of Adoption and Exhibits thereto.
ENVIRONl\lENTAL ADVISORY COUNCIL (EAC) RECOMMENDATION:
Due to the small size of this currently developed site, staff has determined that there are no wetland or
wildlife issues associated with this petition. As a result, no Environmental Impact Statement (ElS) is
required and this petition was not required to go to the Environmental Advisory Commission (EAC).
COLLIER COUNTY PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) reviewed this petition during their public hearing
on September 7,2001. By a vote of7 to 0, the CCPC forwarded Petition RZ-OI-AR-823 to the Board
of County Commissioners with a recommendation of approval. The Planning Commission found that
this petition is consistent with the Growth Management Plan (GMP) and is compatible with the
surrounding development. Because the CCPC received a petition containing 43 signatures from the
members of the racquet club, this petition could not be placed on the summary agenda.
'......
-- --~"-".\'
AGENDA ITEM
~k>. ,f !j;.__-
I
SEP ~ 2001 \
:g._-=-_...-J
",.-
3
PREPARED BY:
~ V ?JL-
RAY LLOWS, PRINCIPAL PLANNER
CURRENT PLANNING SECTION
REVIE\VED BY:
SUSA~~~~: ~Q.~~~ldE~ Lj
CURRENT PLANNING SECTION
("'i.., .f .i
...........,i'.J ,--.' .'/ ."
;&It,(JY(~/JJ. ::.. ~t-
THOMAS E. KUCK, P.E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
APPROVED~~
JOHN I . DUNNUCK, III, INTERIM ADMINISTRATOR
COMi1 ITY DEV. AND ENVIRONMENTAL SVCS.
'V
RZ-Ol-AR-823/EX SUMMARY/RVBlrb
,.....M.......
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7:;(7/0 {
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DATE
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DATE
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DATE
~GOOJ'~~--l
SEP 2 5 2001 I
Lpg4- J
AGENDA ITEM 7-G
(i)...-
, .
'01\0
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
AUGUST 10,2001
RE:
PETITION NO: RZ-200 l-AR-823, LMB REZONE
AGENT/APPLICANT:
Agent:
Mr. Tim Hancock
Vanasse & Daylor, LLP.
3001 Tamiami Trail N. Suite 206
Naples, Florida 34103
Owner: Philip W. More
141 Fleetwood Terrace
Williamsville, NY
Contract Purchaser:
Sunset, LLC
10 Sunset Road
Attleboro, MA 02703
GEOGRAPHIC LOCATION:
The subject property is located at the northeast end of Forest Hills Boulevard in Section 19,
TO\vnship 50 South, Range 26 East. (See location map following page).
REQUESTED ACTION:
The applicant is requesting the Collier County Planning Commission to make a recommendation
regarding an application to rezone 3.51-acres from "GC" Golf Course to the "RSF-4" Zoning
District to allow for a maximum of 12 single-family dwellings.
PURPOSEIDESCRIPTION OF PROJECT:
The subject 3.51-acre property is currently zoned "GC" and abuts the Lely Golf Course and
residential community. The site is currently being utilized as the Naples Racquet Club containing
three main tennis court areas. The petitioner has indicated that due to the small size of the site
and limited number of courts, the racquet/tennis club facility can no longer sustain itself. As a
result, the petitioner is now proposing to rezone the subject site to the "RSF-4" Zoning District,
which will allow 12 single-family dwellings. The projected build-out for the pro .. amresidentiaL.'_L~
subdivision is projected to be in the year 2005. In addition, the access point r thMpb\~~P~ I
subdivision is to be from Forest Hills Boulevard that also serves other single-f mily.Jresidences.... -~;b II
in the area.
5EP 2 5 2001 1
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SURROUNDING LAND USE AND ZONING:
Existing Conditions: The subject site is developed as a tennis club facility and is zoned "GC".
Surrounding: North:
East:
South:
West:
Developed golf course, Zoned "GC"
Single-family residential & Forest Hills Boulevard, Zoned "RSF-3".
Developed golf course, Zoned "GC"
Developed golf course, Zoned "GC"
GROWTH MANAGEMENT PLAN CONSISTENCY:
This petition has been distributed to the appropriate jurisdiction review entities specifically for
review for consistency with current Growth Management Plan and land development regulations.
Future Land Use Element: The subject site is located within the Urban - Mixed Use District,
Urban Residential Sub-district area as identified on the Future Land Use Element (FLUE) and
map of the Growth Management (GMP). This designation allows for residential land uses and
certain non-residential uses including recreational facilities and commercial uses. Relevant to
this petition, this Sub-district permits a base density of 4 units per acre. The site also eligible for
three additional units per acre (for a total of 7 units per acre) since the site is consistent with the
Residential Infill Criteria. However, since the site is also located within a Traffic Congestion
Area, it is subject to a one dwelling unit per acre reduction in density for a maximum total of six
units per acre or a maximum of 21 residential dwelling units. Based on staff review for
consistency with the GMP, the proposed "RSF-4" District ~ consistent with the Density Rating
System contained in the FLUE of the Collier County GMP.
Transportation Element: Transportation Planning Staff has reviewed the applicant's Traffic
Impact Statement (TIS) and has the following comment. The proposed rezone to the "RSF-4"
Zoning District will result in 147 ADT and 18 trips during the A1vl Peak Hour. As a result, the
proposed amendment will not generate traffic that exceeds the significance test standard (5
percent of the LOS "C" design volume) on any County road when completed. Therefore, this
petition is consistent with Policies 1.3, 104,5.1 and 5.2 of the Transportation Element.
Sewer and Water: The subject property will be connected Collier County's sewer and water
system that will be extended from Forest Hills Boulevard.
Other Applicable Elements: Staff review indicates that this petition has been designed to
account for all the necessary relationships dictated by the GMP. Mitigation measures and
stipulations have been developed to ensure consistency with the GMP during the permitting
process, Development permitted by the approval of this petition will be subject to a concurrency
review under the provisions of Section 3.15 of the Collier County Land Development Code,
Adequate Public Facilities, at the earliest or the next to occur of either Final SDP approval, final
plat approval, or building permit applicable to this development. Therefore, this petition is
consistent with the goals and policies of the GMP. Consistency with the goals, objectives and
policies of other applicable elements of the GMP and level of service relationships~Scl~R(fiE~
achieved by stipulations and/or development commitments made a part of the a~prov~. of this y b
development order. "
C-:-C) 2 ~ 2001 .
........-, ..)
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mSTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required. However, pursuant
to Section 2.2.25.8,1 of the Land Development Code, this project is subject to the following
condition. If, during the course of site clearing, excavation or other construction activity an
historic or archaeological artifact is found, all development within the minimum area necessary
to protect the discovery shall be immediately stopped and the Collier County Code Enforcement
Department contacted.
EVALUATION OF ENVIRONMENTAL, TRANSPORT A nON & INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Services Division.
These reviews help shape the content of the project and cause development commitments to be
formulated to achieve GMP and LDC requirements. It should be noted that due to the small size
of the site, no Environmental Impact Statement (EIS) is required. The Current Planning
Environmental Staff has approved this petition as submitted. Therefore, no Environmental
Advisory Council (EAC) meeting was required for this petition. In addition, the Transportation
Department staff has also recommended approval of the petition as submitted.
EVALUATION:
Appropriate evaluation of petitions for rezoning should establish a factual basis for supportive
action by appointed and elected decision-makers. The evaluation by professional staff should
typically include an analysis of the project's relationship to the community's future land use plan,
and whether or not a rezoning action would be consistent with the Growth Management Plan in
all of it's related elements. Other evaluation considerations should include an assessment of
adequacy of transportation infrastructure, other infrastructure, and compatibility with adjacent
land uses, a consideration usually dealt with as a facet of analyzing the relationship of the
rezoning action to the long range plan for future land uses. The most important facet of the
rezoning is that it constitutes a legislative statement that authorized the use of land for a specific
development strategy, provided the development of the land can go forward. It mayor may not
affect the timing of development because of subsequent permitting requirements.
Staff completed a comprehensive evaluation of this land use petition and the criteria on which a
favorable determination must be based. The listed criteria are specifically noted in Section
2.7.3.2.5 of the LDC thus requiring staff evaluation and comment, and form the basis for a
recommendation of approval or denial by the Planning Commission once approved and/or
otherwise modified to the Board of County Commissioners. Each of the potential impacts or
considerations identified during the staff review is listed under each of the criteria as noted
below. Each of the criteria is categorized as either pro or con or not applicable, whichever the
case may be, in the opinion of staff. Staffs review of the criterion is followed by a summary
conclusion culminating in a determination of compliance, non-compliance, or COrrllili...~ce,,~i~~'_~
mitigation. These evaluations are completed as a separate document that is attach d to tlft~S&ffT8-' t1
Report (Exhibit "An). Notwithstanding the above, staff in reviewing the de rmifl'ants.-forJ@
adequate findings to support a rezoning action as follows: '1 ')(\0'
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Relationship to Existing Land Uses - In regards to compatibility, it should be noted that the
existing racquet/tennis facility has access off of Forest Hills Boulevard that is adjacent to the
residential "RSF-3" zoned properties to the south and east (See Photo #1). In addition, there are
multi-family zoned lands to the north along the south side of Rattlesnake-Hammock Road and to
the southwest. Since the site abuts the Lely Golf Course on three sides, the subject site is
buffered from these residential areas. Furthermore, the storm water management system will
should not be impacted by this development. The final plan will be evaluated at the time of
preliminary subdivision plat application for impacts (if any) on the surrounding land uses. As a
result, the proposed petition should not adversely impact the existing residential land uses in the
area. Therefore, staff is of the opinion that the development regulations, landscaping, screening
and buffering requirements of the "RSF-4" District are consistent with other residential
properties in the area.
Utility Infrastructure - Water supplies are available to this site. All development must comply
with surface water management requirements invoked at the time ofPSP review.
Traffic Circulation and Impact - Staff has identified the fact that the change in land use will not
have a significant impact on any County road by virtue of the fact that vehicular site generated
trips will not exceed 5% of the LOS "C" design capacity.
Relationship to Future Land Uses - A discussion of this relationship, as it applies specifically to
Collier County's legal basis for land use planning, refers to the relationship of the proposed
zoning action to the Future Land Use Element of the Growth Management rlan:-~.itt~h' fIrfEM
property is designated Urban Mixed-Use, Urban Residential Sub-district on the Euturet~naUs~ f6
Map, this district permits residential uses such as proposed petition. Bo._,
SEP 2 5 2001
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STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPe) forward Petition RZ-
Ol-AR-823 to the Board of County Commissioners (BCe) with a recommendation for approval
subject to the water management system plans to be evaluated at the time of Preliminary
Subdivision Plat application incorporated into the Ordinance of adoption.
PREPARED BY:
ELLOWS, PRINCIPAL PLANNER
NT PLANNING SECTION
8 -Il(- '0/
DATE
REVIE\VED BY:
~~
g'USAN MURRAY, AICP, MAN GER
CURRENT PLANNING SECTION
~101~
THOMAS E. KUCK, P.E., ACTING DIRECTOR
PLANNING SERVICES DEPARTMENT
'l/20/o/
DATE r
~/2t)/~/
DATE .
PROVED BY:
~
M. DUNNUCK, III, INTERIM ADMINISTRATOR
MUNITY DEV. AND ENVIRONMENTAL SVCS.
~ 122.. !c) \
DATE
Staff Report for September 7, 2001 CCPC meeting.
COLLIER COUNTY PL
G COMMISSION:
RZ-Ol-AR-823/ST AFF REPORT/RYB/rb
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REZONE FINDINGS
PETITION RZ-OI-AR-823
Section 2.7.2.5 of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use map and the elements of the Growth Management
Plan (GMP).
Pro: Development Orders deemed consistent with all applicable elements of the Future
Land Use Element (FLUE) of the GMP should be considered a positive relationship.
Con: Not applicable.
Summarv Findings: The proposed "RSF-4" Zoning District is in compliance with the
FLUE of the GMP by meeting the Density Rating System as noted in the Staff Report.
2. The existing land use pattern;
Pro: There are existing residential uses to the south and east of the subject site, (See Staff
Report)
Con: The adjacent RMF-3 zoned property to the southeast is part of an existing single-
family subdivision.
Summarv Findings: The existing tennis club facility has been operating on the subject
site for a number of years, however, due to its small size, it is no longer profitable to
operate. To the north is developed as a golf course and a multi-family development.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed rezone IS similar to the approved residential properties to the
southeast.
Con: Evaluation not applicable.
Summarv Findings: The parcel will not result in an isolated district unrelated to adjacent
and nearby districts because it is adjacent to residential zoning,
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EXHIBIT "A"
4. \Vhether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and they are consistent with the FLUE of
the OMP.
Qm:. None.
Summary Findines: Adjacent lands to the southeast include residential uses while lands
to the north contain golf course uses.
5. 'Vhether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: The proposed zoning change is appropriate based on the existing conditions of the
property. In addition, the proposed rezone serves as an extension of the existing single
family development to the south. Therefore, the relationship of the proposed zone change
to the FLUE of the OMP is a positive one. (See Growth Management Plan Consistency in
Staff Report)
Con: None.
Summary Findings: A tennis club has been in operation on this site for many years.
Now the owner wishes to develop the site consistent with the single family residential
development trends in the area.
6. \Vhether the proposed change will adversely influence living conditions in the
neighborhood;
Pro: (i)
Existing residential units in the area operate without being adversely
impacting the existing tennis club facility on site. The proposed residential
dwellings will have less impact on noise.
Con: (i)
The proposed residential dwellings will Increase traffic impacts on the
adjacent residential street.
Summary Findings: The proposed change will not adversely influence living conditions
in the adjacent residential neighborhood because the required development standards as
contained in the Land Development Code have been promulgated and designed to ensure
the least amount of adverse impact on adjacent and nearby developments.
7.
Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land_ust:~~~ca..:~,~e--'-'
of peak volumes or projected types of vehicular traffic, including activi~V(l5rg
construction phases of the development, or otherwise affect public ~afety?-- y 3-
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Pro: (i)
(ii)
Con: (i)
The petItIon to rezone the property as requested is consistent with all
applicable policies in the Transportation Element. (See Staff Report)
The property fronts directly on the end of a public road thereby providing
an immediate access to the arterial road network over which traffic from
this commercial facility would be defused.
Urban intensification results in greater volumes of traffic on the local and
arterial road system serving the subject site.
Summary Findim~s: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Circulation Element. As a result, this petition
will not excessively increase traffic congestion on any County road. In the final analysis
all rezone actions are subject to the Concurrency Management System.
8. 'Whether the proposed change will create a drainage problem;
Pro: (i)
Con: (i)
The Land Development Code specifically addresses prerequIsIte
development standards that are designed to reduce the risk of flooding on
nearby properties. New development in and of itself is not supposed to
increase flooding potential on adjacent property over and above what
would occur without development.
Urban intensification in the absence of commensurate improvement to
intra-county drainage appurtenances would increase the risk of flooding in
areas when the drainage outfall condition is inadequate.
Summarv Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval.
9. \Vhether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed rezone will not impact the circulation of light and air to adjacent
areas.
Con: None.
Summary Findings: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts q~.:_open spa~e_~
requirement, corridor management provisions, etc.) were designed to ~nsure'-''th~P 'lJ~t~
penetration and circulation of air does not adversely affect adjacent areas. \ ~i0-~-.9---- .
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10. Whether the proposed change will adversely affect property values in the adjacent
area;
Pro: Typically urban intensification increases the value of contiguous underutilized
land, a condition that exists on the southeast side.
Con: None,
Summarv Findim1:s: This is a subjective determination based upon anticipated results
that may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself mayor may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation mayor may not
affect value.
11. 'Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro:/Con: Not applicable.
Summarv Findings: The basic premise underlying all of the development standards in
the LDC is that their sound application when combined with the administrative site
development plan approval process, gives reasonable assurance that a change in zoning
will not result in a deterrence to improvement of adjacent property.
12. 'Vhether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summarv Findings: The petition is consistent with the FLUE of the GMP. Therefore,
the proposed change does not constitute a grant of special privilege. Consistency with the
FLUE is further determined to be a public welfare relationship because actions consistent
with these plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro:/Con: Evaluation not applicable.
Summarv Findings: The subject property can be developed in accordance with the
existing zoning, however to do so would deny this petitioner of the opportunity to
maximize the development potential as made possible by its consistency 'fith-t~sBkW,;;:j,l-_e
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14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County:
Pro: The proposed change to the RSF-4 zoning district complies with the GMP and is
similar to the residential properties to the southeast.
Con: The proposed RSF-4 density is slightly higher than the existing RSF-3 residential
subdivision to the southeast.
Summary Findings: A policy statement, which has evaluated the scale, density and
intensity of land uses, is deemed to be acceptable for this site.
15. \Vhether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use?
Pro/Con: Evaluation not applicable.
Summary Findings: There are many other sites that are zoned to accommodate the
residential use. However, this is not the determining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are consistency with
all elements of the GMP, compatibility, adequacy of infrastructure.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findings: Physical alteration is a product of developing vacant land that
cannot be avoided.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findings: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
AR-823/RVB/rb
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APPLICATION FOR PUBLIC HEARING FOR: STANDARD REZONE
RZ-2001-AR-823
SUNSET
P t't' N Project # 2001030087
e I Ion 0.:. 5/04/01
~tition Received:
Planner Assigned: (?Ay ;3'2.1. L-u~
,
Commission Ulstnct:
ABOVE TO BE CO~1PLETED BY STAFF
1. General Information:
Name of Applicant(s) Sunset, LLC
Applicant's Mailing Address 112 Big Springs Drive
City Naples
State
FL
Zip 34113
Applicant's Telephone # 941-263-3416
Fax # 941-263-7739
Name of Agent Tim Hancock
Firm
Vanasse & Daylor, LLP
Agent's Mailing Address 3001 Tamiami Trail N. Suite 206
City Naples
State FL
Zip 34103
Agent's Telephone # 941-403-0223
Fax # 941-263-5096
COLLIER COUNTY COMMUNITY DEVELOPMENT
PLM'1'o'lNG SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES, FL 34104
PHONE (941) 403-2400/FAX (941) 643-6968
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APPLlCATIO:--; FOR Pl'BLIC HEARI:"iG FOR STANDARD REZO:--;E -10/98
PAGb\ IOf,}.:.J2:.-_
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Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets ifnecessary)
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
2 . Disclosure of Interest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Philip W. More
141 Fleetwood Terrace
Williamsville, NY 14221-4469
Percentage of Ownership
100
b.
If the property is owned by a CORPORATION, list the officers an1 stocJ(11~1gers",;~-""'1
and the percentage of stock owned by each. i "'-:',._1'._,13.._-\
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APPLICATIO~ FOR Pl'BLlC HEARI~G FOR STA~DARD REZO;'olE - 10/98
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Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
Percentage ofInterest
d. If the property is in the name ofa GENERAL or LIMITED PARTNERSHIP, list the
name of the general and/or limited partners.
Name and Address
Percentage of O\',nership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
Name and Address
Paul Bourque
10 Sunset Road
Attleboro. MA02703
Raymond Bourque
10 Sunset Road
Attleboro, MA
Percentage of Ownership
1%
99%
Date of Contract: 01/25/01
f. If any contingency clause or contract terms involve additional parties, list all~_
individuals or officers, if a corporation, partnership, or trust. '-~Cc.,~"~D-:~-IT='.l \
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APPLICATIO:-i FOR PCBLlC HEARI~G FOR STANDARD REZO:-iE - 10/98 1
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Name and Address
g. Date subject property, acquired D leased D
yrs.lmos.
Term of lease
If, Petitioner has option to buy, indicate date of option: 01/25/01 and date option
terminates: , or anticipated closing date within 30 days ofrezoning
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
3. Detailed le2al description of the propertv covered bv the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district.
Applicant shall submit four (4) copies of a recent survey (completed within the last six
months, maximum 1" to 400' scale) ifrequired to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed
survey may be required.
Section: 19
Township: 50 Range: 26
LOI: t---g}OC1<: 22\.-subllivisiuIl. L-eivGoirEstates__
Plat Book 2531 Page # 1537 Property LD.#: 458800 A 1.15B 19
Metes & Bounds Description:
\
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4 . Size of property: approximately 264 ft, X approximately 622 ft. = Total Sq. Ft. 164208
Acres 3.51
5. Address/2enerallocation of subiect property: 100 Forest Hills Blvd, Naples. FL
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APPLlCATlO:\' FOR PUBLIC HEARI:'IiG FOR STA,,",DARD REZO,,",E -10/98
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6. Adiacent zonine: and land use:
Zoning
Land use
N GC
Golf Course surrounds north to west side
S GC
Golf Course surrounds the entire south side of property
E RSF-3
Residential Single Family-Forest Hills Blvd
W GC
Golf Course surrounds the entire west side of property
Does the owner of the subject property own property contiguous to the subject property?
If so, give complete legal description of entire contiguous property. (If space is
inadequate, attach on separate page). No
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property LD.#:
Metes & Bounds Description:
7.
Rezone Request: This application is requesting a rezone from the GC
district (s) to the RSF-4 zoning district(s).
zomng
Present Use of the Property: Tennis Facility
Proposed Use (or range of uses) of the property: Residential Single Family at 4 units per
acre plus stormwater management
8. Evaluation Criteria: Pursuant to Section 2.7.2.5. of the Collier County Land
Development Code, staffs analysis and recommendation to the Planning Commission,
and the Planning Commission's recommendation to the Board of County Commissioners
shall be based upon consideration of the applicable criteria noted below. Provide a
narrative statement describing the rezone request with specific reference to the criteria. '/2.....
noted below. Include any backup materials and documentation in support of the requesJ:...5'_t7
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APPLlCATIO'l FOR Pl'BLlC HEARI:'\G FOR ST A:''DARD REZO;-.iE -10/98
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Standard Rezone Considerations (IDC Section 2.7.2.5.)
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and future land use map and the elements of the growth management plan.
Yes. the property is located adiacent to an RSF-3 area and will maintain consistencv with
the surroundin$l community with a RSF-4 zoning while being surrounded by Golf course
on three other sides of the property.
2. The existing land use pattern.
The property land use pattern will chan$le from Golf Course zoning to residential,RSF-4.
and will be consistent with the community to the east/southeast side of the property.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts.
The property is surrounded on three sides by the Golf Course and a RSF-3 area to the
east/southeast side of the property thus the proposed area will not be isolated or
unrelated to the nearby districts.
4. 'Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
The district boundaries are not illo$licallv drawn. The boundaries allow for the
continuation of the commzmitv and enhancement of the neighborhood.
5. Whether changed or changing conditions rnake the passage of the proposed
amendment (rezone) necessary.
The current zoning is $lolf course and it is necessary to rezone the property to RSF-4 in
order to continue the flow of the development and the commzmitv.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
The proposed zoning classification will not adversely influence the neie:hborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
constnlction phases of the development, or otherwise affect public safety.
See attached TIS the chan$le will be very minor.
8. Whether the proposed change will create a drainage problem.
The proposed site will have a storm water management plan and improve on the current
storm water management.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
There will be no reduction of light or air to the adiacent areas resulting from the
development of the oroposed area'~GEf.;..o'~-ir:}..~. -0<.001
~ YO. ·
SEP 2 5 2001 1
60f',.100 --'.
APPLlCATlO," FOR PUBLIC HEARING FOR STANDARD REZONE - 10/98
PA
__..._ ......-- .,__...... _--.,.- r" .
10. Whether the proposed change will seriously affect property values in the adjacent
area.
The orooosed area will not affect the orooertv values of the adjacent area because new
construction generally increases the value of an existing communitv.
11. Whether the proposed change will be a deterrent to the improvement or development
of adjacent property in accordance with existing regulations.
No. the orooosed area will be comoliant with the existinz regulations.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
No soecial orivileges aooly to the area because it oroposed to be a RSF-4 area.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
The current zoning of the orooertv is golf course and the subject orooertv is beinz
utilized as a tennis facility. The tennis facilitv is not financially self suooortive and it is
in the owners best interest to rezone the orooertv in order to develop the orooertv. The
rezoning and develooment of the orooertv will enhance the communitv and ultimatelv
increase the value of the homes in the communitv. In order to obtain a viable lot sizes
zoninz will need to be chanzed to RSF-4.
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the county.
The addition to the neizhborllOod is not out of scale with the needs of the neiehborllOod.
15. Whether it is impossible to find other adequate sites in the county for the proposed
use in districts already permitting such use.
The amount of available land in the Iely Develooment is so limited that this is the onlv
viable ootion.
16. The physical characteristics of the property and the degree of site alteration which,
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
An existing buildinz and tennis facilitv will be removed and replaced by the sinzle familv
residential stuctures with the RSF-4 zoninf!.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County growth
management plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance [Code ch. 106, art. II}, as amended.
The orooosed PUD will comply with the Collier Countv Adequate Public Facilities
Ordinance.
18. Such other factors, standards, or criteria that the board of county commissioners _---.
shall deem important in the protection of the public health, safety, and welfarr;..'GtJ.0,...-:..:.'r \
Existin land use and zonin atterns are conducive to su ortin the RSF-~ res:dentia~@ !
develooment. The orooosed develooment is consistent with surrOlllldinz res entia{Q;Uf \
\ SEP 2 5 ?'QG1 \
APPLICATIO:-i FOR PUBLIC HEARI:-iG FOR STA:'\DARD REZONE -10/98
PAGE 7L~~::f~,_:::__..
golf course uses. The development will comply with the Collier County Land
Develooment.
9, Deed Restrictions: The County is legally precluded from enforcing deed restrictions,
however, many communities have adopted such restrictions. You may wish to contact the
civic or property owners association in the area for which this use is being requested in
order to ascertain whether or not the request is affected by existing deed restrictions.
10. Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? No
11. Additional Submittal requirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
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b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a
24" x 36" conceptual site plan [and one reduced 8Yz" x 11" copy of site plan], drawn
to a maximum scale of 1 inch equals 400 feet, depicting the following [Additional
copies of the plan may be requested upon completion of staff evaluation for
distribution to the Board and various advisory boards such as the Environmental
Advisory Board (EAB), or CCPe];
. all existing and proposed structures and the dimensions thereof,
. provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
. all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
. required yards, open space and preserve areas,
. proposed locations for utilities (as well as location of existing utility services to
the site),
. proposed and/or existing landscaping and buffering as may be required by the
County,
a. An architectural rendering of any proposed structures.
b. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
c. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equa1s.....409, fe~1'T,,'~--i
shall be .submitted.. Said. aeri~l shall identify pla.nt and/o~ wildli~e habitats i~GJ-1t~ei~ ~8 !
boundanes. Such IdentIficatIon shall be consIstent With Flonda depaJ'inenr-uf .. \
I S-p 2'" ")"'1"1 I
!- J t:.UU '
APPUCATlO:\, FOR PUBLIC HEARING FOR STANDARD REZONE -10/98 -
PAGE &jOF lrs~'~-=.=_~
_.._...:-~..'- -..........-
Transportation Land Use Cover and Forms Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be
preserved (per LDC Section 3.9.5.5.4.).
d. Statement of utility provisions (with all required attachments and sketches);
e. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
f. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at pre-
application meeting);
g. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any
required state or federal permits.
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APPLlCA TIO:-; FOR PUBLIC HEARI~G FOR ST A!'WARD REZO~E - 10/98
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Y . \.4-' desc"'lltfi... ;~~.:'it~r~ ;-p~~eS~~al description-ir"",'" than
\ . l.....'-L1o' - c..'i a A- ~L. ~ . or as,c;oC;14l\C w .
l4!.:1' P.1." ~ IN'_. -: abO'w'C: (attac.h \0.
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-..'- , '. 'abl if alre<ldy asslg,ned)
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-' ddn:ss or addressCS \ , P ..n.. .', .
3. ~lrf~ a 'PD.'~ -t 1-12 1/5 .g ill ,- . _'. . sl b\ic road right.of~way
.-J...YO - - _' ' '. in n:talton to "ear~, pu
.- --~ing exact location of (lmjcct/sne
4, Lodti08 mup. . T':n oROrERTlES)
~ultach) . fF.DED ONl.Y FOR UNPl.AT'Tc.u.r . ~
5. Copy of~ur"~~ (N " '. \icablc)
6. Proposed projeCl name (if "PI'
7. Pmposcd Slr~cl name:; (ira-pplicable)
- Plan N 1..... (FOR RX1STlNO PROJECTSISJTF.S ONLY)
8. Sllc= Development umoc:'T ,.
9. Si!e~ition T;(lC (indicalC which is applicable):
SI>P (Site Development Plan)
- SDPA (SDP Amendment)
- SOPI (SDP Insubstantial Change)
- SIP (Silc= lmprovemcnl Pla.n)
- SIPA (SIP Amendment)
ClIn.'ltnLCtion Plans/Plat
- T ,UnJ Use Petilion (Varianc~) Conditional Use. ilonl Duck EKlenslon, etc.)
- Street Name Changt: (SNR)
- Blasting Permit
- Right-nl:'way Permit
= ClcaringNcgcration Removal Permi1
Excavation 'P~it .
~ Otha.Descrihc: ~zpne .Off - S.~,A., ,_.
10. Mojcct or development names proposed for. already app~aring ~ cundominium dm.;unlCnts (if
applicable; indicate whether proposcd or existing)
ll.-::-ppucant ..mfJ ~ .[. Pho.eldQ3-- D.>>-$ Fax~3::5 ~(.,
Signature on Ad~)flg Checklist docs not constitut Projcct and Street Nwnt: approvul and is
subject to lurthcr review by the addressing section,
RECEIVED
MAR 2 1 2001
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THIS I~STRllMENT PREPARED BY:
RONALD S. \VEBSTER
985 N. COLLIER BLVD.
MARCO ISLAND, FL 34145
FOLIO .l'IO: 55150080006
GRANTEE SOC1AL SECURITY NO.
\VARRANTY DEED
This indenture, ~lade this l q day of ~~~~ ' 1999 by GREGORY ;"1
GONZALES, a single man, Grantor*, whose address is: 1 ~orest Hills Blvd., Naples,
FL 34113, and PHILlP W, MORE, Grantee"', whose address is: 100 Forest Hills Blvd,
Naples, FL 34113.
WITNESSETH, That grantor, for and in consideration of the sum of ten dollars
(51000) and other valuable considerations, to them in hand paid by grantee, the receipt
whereof is hereby acknowledged, has granted, bargained, and sold to grantee, their heirs
and assigns forever, the following described land, situated, ar.d being in Collier County.
Florida, to wit:
SEE A TT ACHED EXHlB IT "A"
And Grantor does hereby fully warrant the title to the land and .".,;11 defend the same
against the lawful claims of all persons whomsoever,
Subject to restrictions and easements common to the subdivision., if any, and taxes for the
year 1999 and subsequent years.
*"Grantor" and "Grantee" are used for sin6rular or plural, as context requires
WITNESS \VHEREOF, grantor has hereunto set grantor's hand and seal the
date first above written.
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,W' ess ern name
e .
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Witness 1# 1 1"(' ~'e
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Witness #2 sign n e -
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Witness #2 print name
STATE OF
COU~TY OF
)J~7ftz ~.k
GREGO M. GONZALES
The foregoing instrument was acknowledged before me this I 1 day of
~~t"\J...~,,"~ ' 1999 by Gregory \-1, Gonzales, who is personally known to me
or who has pr uced Q.. ~l C::.t'".... ~ ~t- "- ..J-Q....,t-' U <:: ..o-~...Q....
as identification and who did take an oath,
(SE 'L) ....,\..:.:,.., Deborah A ',.........
.."'"\. .... ..tf'..~~i f'\,. -.....u\u...
t:f-"6"O,: MY CCM.\ISSION' CC217343 EXPIRES
"--ii'~.0:j November 3. 2!XXl
..;'I...~f.:f;.'f...' ~ nfllJ n\CY ~ ~ lie.
~~~~
NOTARY PUBLIC
My Commission Expires:
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1
EXHIBIT A
LELY GOLF ESTATES TENNIS COURT LEGAL:
All of that tract or parcel of land lying and being in Section
19, TO'w'i1ship 50 South, Range 26 East, Collier County, 'Floricja,
more particularly described as follows:
Said tract or parcel entails a portion of Tract -A- of LELY GOLF
ESTATES .TRACT ~~, as recorded in Plat EOOK 8, Page 20, Public
Records of Collier County, Florida.
Co~ence at a point where the Southwesterly Right-of-Way line of
Forest Hills Boulevard intersects the East line of Section 19 and
run North 44048'32- West along said Right-of-Way, line for 675.54
feet to the Northerly most corner of Lot 7, Block 24, of LELY
GOLF ESTATES, FOREST HILLS SECTION, as recorded in Plat BOOK 10,
Page 84, Public Records of Collier County, Florida, for POINT OF
BEGIffii!NGI thence run South 45011'28- West for 149.07 feet thence
North 430 33' 59- West for 128.61 feet; thence North 62059'42-
West for 51.57 feet1 thence N24008'16-W for 51.57 feetl thence
N43033'59-W for 237.39 feet1 thence North 32004'50- West for
205.38 feet; thence North 77023'56- East for 200.27 feet: thence
South 50044'51- ~ast for 351.14 feet: thence South 62057'15~ East
for 218.36 feet: thence South 450l1'28~ West for 180.0 feet to
the POINT OF BEGINNING and containing 3.51 acres more or less and
is subject to all easements, rights .of .....ays, restrictions and
rCJervations of record.
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This sales contract provided as a courtesy to you by Lawyers' Abstract Service, Inc., providing abstracts and title information
~ to the Collier County real estate community for over 44 years. Please call (941) 774-2621 for all your title information needs.
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m SALES CONTRACT (RESIDENTIAL VACANT LAND) @
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IlEAUOR'" ~.......
jJ,it~f? ;:( !11Me
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BUYER:
7JfVt C. ~VJf~IIC
ktJJ1,Y"f ~1Hr ~.-
!?tr;H;HIJ L. J30tJX~vt'
SELLER:
ADDRESS:
ADDRESS:
TELEPHONE:
TELEPHONE:
I
UPON ACCEPTANCE OF THE OFFER (OR COUNTEROFFER), SELLER has agreed to sell and BUYER has agreed to buy, UPON THE TERMS AND CONDITIONS
WHICH FOLLOW, the real property legally described as (the 'Property'):
J~/7 ~,/ 6~ ~7' frW.A /l;ft'7)~)/ ~,t' Zl/.tfd ~ ~nI~
Cbmm AJ' P/ h/~t' S Wl.j 1/1-/ L..r ;:pJf~r ~/'/ BIJ/.r:J,
$ 525: p~tJ.
,
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:D8t'. A1.'
s.s-/ '/-CA~.
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The address of the Property is
PURCHASE PRICE: The purchase price (U,S,) shall be payable as follems:
(a) Initial deposit in escrem at this time of
(b) Additional deposit to be received in escrem on or before ~days a~er
Effective Date, as defined belem, in the amount of
$
$
,-
(el Prcceeds of ffiOftgage, if any [See Paragraph 4(b)] $
(d) Purchase Money Note and Mortgage to SELLER. if any [See Paragraph 4(el]--- $-=_,_
(e) Other V /~.J/ ftt!Z~lIj/l6- $ 1.5Z? pp(J.
(~ The balance of the purchase pnce by local cashiers check or wire I J
transfer funds at dosing, subject to adjustments and prorations. of approximately $ /0.5': J p ~
.
DepoSIt checks are accepted subject to collection,
2 PERIOD OF OFFER AND EFFECTIVE DATE: This offer or any counteroffer is revoked if not accepted and notice of acceptance delivered to offeror or counterofferor
by 5": a? ....'PM on / - Z9 - 11>/ (Insert Date}, This time limit shall apply to all offers and counteroffers unless otheNlise stated, The
Effective Date of this Crotract shall be the last date either the BUYER or SELLER signs or initials this Contract INITIALED CHANGES MUST BE DATED, OR THE LA TEST
DA TE SET FORTH ON THIS CONTRACT SHALL BE THE EFFECTIVE DATE. A facsimile shall be deemed to be an OIiginal. Offer and acceptance by facsimile is binding,
3, CLOSING DATE AND POSS.E~SION: Closing shall occur at a time of day and place selected by BUYER in the county in which the Property is located, but upon
reasonable notice to the SELLERIf."r.v,h' 51) J:H1.J A ~ lit! ZLJ)/ II; ~) ,cr prior to that dale with the WTit1en consent of both parties (the 'Closing Date');
provided hcmever. in no event shall the BUYER be required to dose less than two (2) weeks after the date on which the mortgage commitment has been obtained pursuant
to Paragraph 4 below, BUYER shall be the legal owner of the Property as of the dosing on the Closing Date, and SELLER shall give possession of the Property at the
dosing on the Closing Date unless otheNlise lf1ided herein.
4, METHOO OF PAYMENTIFIr-wlCING: (a) ~ BUYER will pay cash, with no mortgage COrTYTlitment ro1tingency; (b} 0 MORTGAGE COMMITMENT CONTINGENCY
CLAUSE: BUYER's obligations are contingent upon BUYER obtaining a mortgage commilment ('the Mortgage Commitment') on the Property in the amount of
$ cr -,. of the purchase price (fill in one alternative) at a (1) 0 fixed or (2) 0 initial interest rate not to exceed "lipe! year
for an amortized term of not less than - years with a balloon not sooner than - years. IF (1) OR (2) IS NOT SELECTED, (1) SHALl APPLY. BUYER
shall, at BUYER's expense, make application for financing within - days after the Effective Date (five (5) days if left blank) and a good faith effort to obtain the
Mortgag€ Commitment and to satisfy all terms and conditions of the Mortgage Commitment. BUYER shall notify SELLER in writing promptly ulX)n receipt of the Mortgage
Commitment. If BUYER fails to obtain the Mortgag€ Commitmeflt despte a gocx1 faith effort, cr fails to waive the Mortgage Ccmmitment Contingency in writing, on or before
{Insert Date} (the 'Mortgage Contingency Deadline', which shall be six (6) weeks from the Effective Date unless a cflfferent period
is inserted in the preceding blank), unless the parties mutually agree in writing to extend the Mortgage Contingency Deadline, either BUYER cr SELLER may, by written
notice to the other party, terminate this Contract, and the deposlt(s} shall be returned to BUYER SELLER's right 10 terminate this Contract shall cease to exist if SELLER
receives written notice that BUYER has received the Mortgage Commitment (regardless of when the Mortgage Commitment was obtcined) prior \0 exercise of SELLER's
right to terminate this Contract: (c) 0 PURCHASE MONEY NOTE AND MORTGAGE TO SELLER shall have the following economic and payment terms: The original
principal amount shall be $ ,with an annual interest rate of - %, amortized over - Years.J~e indebted~1videnced by
the Purchase Money Note shall balloon years after the Closing Dale. The periodic payments shall: 0 indudej. ncipal and mlertiSt\~ ~t the same)
OR 0 be interest only and be payable: 0 annually 0 semiannually 0 quarterly cr 0 monthly. Other terms and condit" of \he:.eu~Qey Note aod Mortgag€
to SELLER are contained in Standard A, IF 4(a), 4(b) or 4(c) ABOVE IS NOT SELECTED, 4(a) SHALL APPLY. \
ceD 7 .- 2001 \
White Copy-Broker; Yellow Copy-Seller/Buyer C 1999 Naples Am Board of REALTORS~ and Association of Real state-Professto~Is,Inc:.-AII RIgIi ~erved.
Approved by the MaIt:O Island Area Association of REAL TORS~,Inc. and the Collier County Bar Association. (BOO mt. ttf, . ~GE 1 of 5 ~
P~.~-_._-
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SALES c NTRACT (RESIDENTIAL .CANT LAND)
1
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5. TITLE EVIDENCE: Within thirty (30) days after the Effective Date cl this Contract, et !'Nenly (20) days priet to the Closing Date, whichever is e.1,
shall deliver to BUYER as title evidence, a complete abstract of title from a company satisfactory to BUYER, certified to at least the Effective Date otth
SELLER fails to timely deliver the abstract. BUYER may extend the Closing Date by the same number of days that delivery cl the abstract is delayed; et (:
shall obtain title evidence, and SELLER shall pay. at dosing, $ J JP. (If no amount is inserted. the sum shall be $100.(0) in lieu cl title E
SElLER, and shall further provide BUYER with a complete et::(JY of SELlER's existing owner's title insurance policy. IF (1) OR (2) ABOVE IS NOT SElECTE
APPlY.
6. DUE DILIGENCE: [CHECK (1) OR (2).). (1) 0 WAIVER OF DUE DILIGENCE: BUYER has visually inspected the Property and detennined that sar
fet BUYER's intended use, in its OJrrent 'as is' condition as cl the Effective Date of this Contrad. BUYER's ol:lligation to purchase the Property is not contin~
inspections, tests et studies; or (2) DUE DILIGENCE: rii! BUYER elects to conduct Inspections (defined and detailed in Standard D(b)) of this Contract.
whether the Property is suitable, in BUYER's sole disaelion. fet BUYEf\s intend~):_se..; pF (1) OR (2) IS NOT SELECTED, (1) SHALL APPLY.)
7. (a) OTHER TERMS AND CONDITIONS: 'j5U'/tf1t ~M# ~~ /8e> ~Y.l ~t?J;t1 J?f~ ~~
~ tP~ ~~ a;~r TZJ CMtJtld /1.#, ,.(H~ Att 57Vt:>J~ ~r~.1 5L
~ IbJ)e~17 (!a-~M1tl /Z9Jt (!;t~)/,'I'/J, l:J~}t .V!.
/(C~I.)I)f~t-/IT1 ~r ).6') -EJlI't!Hf~. ~.71t'rl /0 JA+J./ ~ r;?'~ &t0~hj"M
~f 7J""~ ~Y,flv' /ftJ,,~ 7J/,! ~v7bf J'Y/;rf J'?<!.fV~7" /# j./1f,'rT;'JI.t ,.f /i
__~ ~1//t&IMn~# ff 7MJ' :5dt8 CP~ All ~f/7;f .$J/rlH ]3~
AEWIfJ'IHJ ~ ~ $0 yt!1f /1-7 :nHr 7J}H~.
,
(b) ADDENDUM: If additional terms are incorporated into this Coo tract by separate Addendum, attach same and indicate here Pit
REAL ESTATE TRANSACTION STANDARDS. SELLER AND BUYER ACKNOWLEDGE THAT THEY HAVE EACH RECEIVED AND REVIEWED RE
TRANSACTION STANDARDS A THROUGH T ON PAGES 3, 4, AND 5 OF THIS CONTRACT ICH ARE INCORPORATED IN AND MADE AN INTE
~NT~CT: AND SHOULD NOT BE REVISED OR MODIFIED EXCEPT IN PA PH 7 Or: IS CONTRACT
~'"'---L () <.....). '("\.A~ <-
(SeIler's Signature) (Buyer's Signature)
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(Date)
(Tax 1.0. Number)
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(Seller's Signature)
(Buyer's Signature)
(Seller's Printed Name)
(Buyer's Printed Name)
(Date)
(Tax 1.0. Number)
(Date)
(Tax 1.0. Number)
listing Broker. -c/l/!-IJiH Jfhtl T'f
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IDENTIFICATION OF REAL ESTATE BROKERS
Selfing Broker. '"$1 Vee/II ;?M 7
DEPOSIT RECEIPT
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Receipt of the initial deposit is aclmow1edged by 0 cash 0 wire et pi check on
to be held in esc:rrJN in accordance with the terms and c:ooditions set forth in this Contract.
4'rMfH 1?i'J~ 6110 w Aar. - --- -By:
(Insert Name of ESOUN Agent) ..JlIs.Du1r ~~;_:~,@errtr 3 ~
White Copy-Broker; Yellow Copy-SellerfBuyer C 1999 Naples Area Board of REALTORS<!i) and Ass~lation oh"eal E'stateProfes$lonals,. RJ.
Approved by the MartO Island Area Association of REALTORS<!i),Inc. and the Coifler County Bar ~'lioo.ltOO.Jl1.lI1"Sl-_t..oPAGE 2 01 5
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SALES G NTRACT (RESIDENTIAL V_ANT LAND)
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REAL ESTATE TRANSACTION STANDARDS
ST ANDARD A . PURCHASE MONEY NOTE AND MORTGAGE TO SELLER. The Purchase Money Note referred to in Paragraph 4(c) of this Contract will provide fe:
a late charge equivalent to five percent (5%) of the delinquent periodic payment amount if payment is not made within ten (10) days of the due date. The Purchase Mone,
Note and Mortgage win otherwise contain terms and conditions dlat are customary in purchase money notes and mct1gages encumbering real property in the county wher.::
the Property is located, and will otherwise be in fonn and content reasonably acceptable to SEllER. The BUYER shall be personally fiable on the Purchase Money Note
BUYER shall have the right to prepay all 01' any part of the principal at allY time with interest to dle date of payment wilhOU1 penalty. except no prepayment in SELLER':
fiscal year of dosing is pemlitted without SELlER's written consenl The Purchase Money Mcttgage shall contain a due-on-saIe dause and shall be a first mortgage unles:
otherwise noted,
STANDARD B . TITLE EVIDENCE. The title evidence identified in Paragraph 5 of this Contract will shCM' good and marketable tille and legal access, subject only to Ih",
following title exceptions: (a) ad valOl'em real property taxes fOl' the year of dosing and subsequent years: (b) zoning, building code and other use restrictions imposE':
by govemmental authority; (c) outstanding oil, gas and mineral intefests of record, if any; and (d) restrictions. reservations and easements common to the subdiviSlcr
provided, however that no one of them shall prevent use of the Property fOl' residential purposes.
STANDARD C . INSTRUCTIONS FOR TITLE; ASSIGNMENT, At least fifteen (15) days prior to the Closing Date, BUYER shall deliver to SEllER lhe name(s'
address(es). manner in which title will be taken, and any assignment(s) thereby required. No assignment shall release BUYER from the obligations of this Contract unles,
SELLER consents in writing.
STANDARD D. CONDITION OF PROPERTY DISCLOSURE; WARRANTY; INSPECTION AND REPAIRS AND REPLACEMENTS; RISK OF LOSS.
(a) DISCLOSURE: There are no facts or conditions known to SELLER materially affecting the value of the Pl1foperty which are not readily observable ::
BUYER or which have not been disdosed to BUYER in writing prior to the Effective Date of this Contract 01' in Paragraph 7 of this Contract.
(b) DILIGENCE PERIOD: If (2) was selected in Paragraph 6 of this Contract, BUYER shall have a period of thirty (30) days from the Effective Date of tl":;,
Contract (the 'Due Diligence Period) to determine whethef the Property issurta~e, in BUYER's sole discretion, fOl' BUYER's intended use, During the Due Diligence Pence
- BUYER may evaluate, without limitation, the building and zoning laws and restrictions, environmental conditions and restrictions, Pfesence of radon, soil and grace
presence of termites and othef wood-<lestroying organisms, availability of watef', sewer and ether utilities, consistency with Iccal, state and regional growth manageme:-
plans, availability of pennits, govemment apPfovals and licenses applicable to the Property, and to conduct, at BUYER's expense, any and all tests, repcrts, studle~
inspections, analyses, surveys and assessments that BUYER deems necessary and appropriate to determine the suitability of the Property for BUYER's intended us~
(collectively the 'InspectionslBUYER and BUYER's agents, employees and contractors shall have the right to enter the Property at all reaonable times and at their ow'.
risk during the Due Diligence Period fOl' the ~f'\X)se cJ conducting the I~s. BUYER will indemnify atld hold SEllER harmless from atld against all losses, damages
costs, daims and expenses of any nature, induding attorneys' fees, and from atld against liability to any person arising from, out of 01' in connection with the Inspections
BUYER will not cause any construction Iien(s) to be placed against the Property as a result of the Inspections. If BUYER deterrnines fOl' any reason that the Property ;0
not suitable for BUYER's intended use, and notifies SELLER of sa-ne in writing pOor to expiration of the Due Diligence Period. this Contract shall be leminated and th~
deposit(s) shall be immediately retumed 10 BUYER. In that even~ BUYER shall repair any and all damage to the Property resulting from 01' caused by the Inspections
and shall otherNise retum the Property to its condition prior to the Inspections. BUYER's failure to so notify SELLER of BUYER's election to terminate this Contract W'
constitute BUYER's acceptance of the Property as suitable fOl' BUY~R's intended use, in its 'as is' condition.
(c) RISK OF LOSS: SELLER shall maintain the Property in the condition it existed on the Effective Date until the Closing Date, induding but not limited t:
the 1Q'N11, shrut:Oefy, and landscaping, except fct ordinaty wear and tear, and shaft not cause 01' permit deterioration of the Property or otherwise take any action to diminls-
the value of the Property. My Mure loss and/OI' danage to the Property between the Effective Date ci this Contract and the Closing Dale or date cJ p;)Ssession, wpicheve
is eartief, shall be at SElleR's sole risk and expense.
ST A~mARD E . SELLER'S INSTRUMENTS AND EXPENSES, SELLER shall pay fOl' and provide, when applicable, induding any state sales tax due thereon: (a) tt...
tiUe evidence 01' credit in fieu thereof specified in Paragraph 5 herein; (b) preparation of statutory warranty deed (or special warranty deed if SELlER is a fiduciary
homeowner association estoppellener(s), tenant esloppellelter(s). copies and assignment(s) of Iease(s). and an affidavit regarding fiens. possession, and wilhholdin.
under FIRPT A, in a fcm1 sufficient to allON .gap. coverage by title insurance; (c) mortgage payoff letter from existing Iender(s); (d) OOcumentary stamps on deed; (e) re:
estate ~e(.s ~ (10 be disbursed by dosing agent at dosing); (Q the full atl"OJnt of specia taxeS atld assessments, i'lduding I'lctneOwner special assessmen;
and COOIMSTU specia taxes and non-ad valorem capital assessments, whicl1 en a lien 01' a special assessment that is certain as to the Identity cJ the rle!'lOl' 01' assessc
the pr:.perty subject to !he Hen 01' special assessment, and the amount ci the rlel1 01' 'spadal assessmen~ on 01' before the Effective Date ci this Contract: and (9) SELLER'
attomey fees.
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White Copy-Broker, Yellow Copy.SellerlBuyer 01999 Hlpl" Aru Boud 01 REA1.TORS~ Ind Anociltion 01 Rul E\bt~ pro~"io)i"" t,lribAll Rights'Reserved
Approved by the Marco Island Area Association of REAL TORS0, Inc:. and the Collier County ~ar Association. (800 7/15/1 I HoJ' GE 3 of 5
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ST ANDARD F _ BUYER'S INSTRUMENTS AND EXPENSES. BUYER shall pay fC( and provide, when applicable. induding any state sales tax due thereOf .!C
fee for deed; (b) preparation of, and do:umentary stamps, intangible tax and recording fees on, the Purchase Money Note and Mortgage to SELLER. and all costs
institulionalloan secured by BUYER; (e) mortgage transfer fee, including recording expenses; (d) title insurance; (e) recording membership approval; (0 a:
recertification C( title continuation through date of deed recording; (g) survey; (h) ccndominiurTVtiomeowner association rr.embership transfer fee; (i) homeo.vner assc
required resale transfer fee/capital contribution; ij) pending rlens C( special assessmenls (liens Ct special assessments other than lhose described in Standard E(0
event il is determined there are pending liens or special assessmenls which do not fall under Slandard E(0, nol disdosed in writing 10 BUYER by SELLER pric
concurrent with the exe<:lJlion of this Contract, which pending 6ens C( special assessments exceed a sum equivalenl to 1% of the purchase price of the Property, B
at ils option shall have the righlto terminate this Contract by providing SELLER 'Minen notice of such termination, unless SELLER agrees in writing 10 pay such po
liens ex special assessments in excess of 1 % of the pun::hase price. SELLER agrees to pay inlo escrow a reasonable sum to insure thaI the excess will be paid at c
and (k) BUYER's anomeys fees. In the event this Contract is lerminaled fC( any reason pOC( to the Closing Date, BUYER shall immediately retum to SELLER Sl
title evidence, and association and other documents which were provided 10 BUYER by SELLER.
STANDARD G _ PRORATIONS. These items will be prorated as of the Closing Date, with the BUYER charged with and entitled to the Closing Date. or the poss
date, whichever is eanier: (a) ad valorem real and personal property taxes based on the current year (~ available), other.vise on the prior year's bill (withoul discou
readjusted upon receipt of tax bill if requested by either party; (b) interest on any assumed indebtedness; (c) rents and deposits (and accrued interesttherear
(d) homeowner association maintenance and utilities assessments and CDDIMSTU operating and maintenance assessments.
ST ANDARD H _ HOMEOWNERS ASSOCIATION DISCLOSURE. In the event that the Property is located in a homeowner association community, Florida law n
that before the BUYER signs this Contract, the SELLER shall provide to the BUYER the Homeowner Association Disdosure Summary, and that the summary s
attached to this Contract as an Addendum and inwp:<ated herein, THE BUYER SHOULD NOT EXECUTE THIS CONTRACT UNTIL THE BUYER HAS RECEIVE
READ THE SUMMARY,
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STANDARD I_ HOMEOWNER ASSOCIATION PROVISIONS. BUYER has considered the existence ex not of any condcminiurM;omecwnef assceation reser.'e aa:
and determined iVL'1em to be satisfac:ory, Any reser.'e ~nt(s) is/are induded in the purchase price. If associatioo membership approval is reGuired, BUYER sMal
ten (10) days of the Effective Dale of this Contract, make application for same in L'1e name{s) in which title will be taken, and shall comply with aJl goveming requir
of the association and be responsible for securing membership approval. If no approval has been obtained prior to the Closing Date, eithef the BUYER or (''01 LE
cancel this Contrad, and the deposit(s) shalf be retumed to BUYER. SELLER shall obtain letter(s) from the assoclation(s) which sets forth the arr:oun Ie
payment status 01 assessments and transfer fees and resale capital contributioos, and deliver it to the BUYER at least fifteen (15) days prior to the ClOSing Dati
STANDARD J _ PROCEEDS OF SALE AND DISBURSEMENT PROCEDURE. If a portion of L'1e purchase price is to be derived from institutional financ:
requirements of the lending institution as to place, time of day, procedures for dosing, and for disbursement of mortgage proceeds shall contrc~, However, the S
shall have the right 10 require from the lending institution at dosing, a commitment that the lender will not withhold disbursement of mc.1gage proceeds as a resul
title defect attributable to BUYER-mortgagor. Unless instiMiOflal procedures set f01h atove control, the SELLER shall be ef1titled to receive ttle net p."oceeds of sa
tender of SELLER's instruments on the Closing Date.
ST ANDARD K _ TITLE EXAMINATlON AND DEFECTS; LEGAL ACCESS. BUYER shall have fifteen (15) days from receipt ct ttle title evidence idef1tifled in Pa;
5 of this Contract (the -Examination Period") for examination of said title evidence and determinatioo of legal access. BUYER's obligatioo to purdlase is conditic
the Property having legal access to and from a public right of wtr'J sufficient fex residential use. If title is found defective C( legal access is found to be lad<ing, BUYE
within the Examination Period, notify SELLER in writing specifying the title defect(s) or lack of legal access, and furnish copies of the title evidence and instr
contained therein documenting such title defect(s) or lack of legal access. If the title defect(s) ref1der{s) title unmarl<etable. or if SELLER cannot deliver possessi
there is no legal aa:ess, the SELLER shall have thirty (30) days from recei~ of notice from BUYER (the 'Clearance Period') to dear ex reroove such title delect(s)
possession, C( provide legal access, at SELLER's expense. SElLER will, if SElLER cannot deliver possession, or SELLER has no access, C( title is found to be dE
use diligef1t effort to correct the title delect(s), deliver possession C( provide legal access within the Clearance Period, induding the bringing of necessary suits. ~
shalf nol be liable to BUYER for damages if SELLER cannot render title marl<etable, deliver possession C( provide legal acolSS. If SELLER does not dear or rerr
title delect(s), deliver possession or provide legal access within the Clearance Period, BUYER may elect to accept such title, possession, or access as SELL
provide, without reduction of the purcl1ase price. C( to terminate this Contract by giving wrinen notice of such lerminationto SELLER. and upon sucl1termina:
deposit(s) shall be promptly retumed 10 BUYER, and BUYER and SELLER shall be released, as to one another, of all obligations under this Contract.
STANDARD L. SURVEY; COASTAL CONSTRUCTION CONTROL UNE. BUYER may, at BUYER's expense, have the Property surveyed not later than t-NE
days prior to the Closing Date. II the survey, as certified by a registered FIotida surveyC(, correctly shows: (a) an encroachment onto the Property; or (b)
improvement located on the property projects onto lands eX others, or (e) lacX eX legal access BUYER shall, within five (5) days of receipt ct the survey, notify L'1e ~
in writing of the encroachment, projection or lack of legal access, and SELLER shall treat illthem as a title defect(s).
White Copy-Broker; Yellow Copy.SellerlBuyer 01999 Napl" Am Board of REAL TORS~ and As$oclatlon of R.~ e;w; prof~~i~~:ft,~. All Ri~... Re
App~ ~ the Marco Island Area Association of REAL TORS~. Inc. and the Colliei' County Bar Association. (1100 rnr"' tkl.. ~G: ~- of 5 ~ ~
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, rn SALEstONTRACT (RESIDENTIAL .ANT LAND)
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ST ANDARD M. FUNDS ESCROW. The undersigned escrow agent (the 'escrowee') will accept in escrow the deposit(s) paid under this Contract and hOld and apply ttH:
depo5it(s) in escrow until the earlier of: (a) delivery fOl' dosing to another escrowee. who by acceptance agrees to these terms and becomes the escrowee (the escrowee
holding the deposit(s) is authorized to so transfer the funds), and the delivering escrowee is relieved of all liability for the funds delivered; (b) delivery of the deed, WI,:':
payment of the deposit(s) as part of the purChase price of the Property; (c) such time as the BUYER may be entitled to return of the deposit(s): or (d) delivery pursuant
to wnnen direction of the parties, al which time the escrowee shall pay all of the deposil(S) to the party entitled thereto. The escrowee shall act with respect to the deposlt(s:
as a stakeholder only and without compensation. The escrowee shall not be liable fOl'the payment of any interest, damages, attomey fees or court costs in any actior.
that may be brought to recover the deposit(s) held in escrow, or any part thereof. unless the escrowee shall fail or refuse to pay over any such deposit(s) pursuant to a
judgment, OI'der 01' deaee that shaD be final beYClld possibility of appeal. In any ~ng whicl1litigates the disposition of the deposit(s). the escrowee shall be entitlE!'-:
to be paid reasonable attomey fees and court costs which shall be paid by the l1OOi)revailing party. The escrowee has no duty to collect 01' attempt to collect any deposit
or check given as a deposit, but shall give the parties written notice of: (1) allY deposit that is not received within five (5) days after its due date, and (2) any check for an
initial deposit which is no( paid on presentation within five (5) days of learning of its dishonor. Upon receipt of separate wrillen directions from the BUYER, the deposit(s)
shall be placed into an interesl bearing accounl, and all inleresl accruing thereon shall be paid to the BUYER in allY evenllf the escrowee is a licensed real estate broker.
the escrowee shall comply with the requirements of Chapler 475 F.S. An escrowee charging an escrow fee shall be liable for ordinary negligence. An escrowee not charging
an escrow fee shall be liable only for willful misconduct Of gross negligence.
STANDARD N . ZONING. SEllER represents and warrants that SELLER has not ccmmenced any proceedings to change the present zoning dassification of the Property
nor will SELLER initiate any such proceedings. SELLER further represents and warrants thai SELLER has received no notice of the commencement by third parties cf
any proceedings which would affect !he present zoning dassification of the Property. Should SELLER receive any such notice. SELLER will promptly communicate the
same to BUYER in writing, and if the proposed zoning would prevent residential use of the Property, the BUYER may elect to cancel this Contract and have the deposit(s)
returned to BUYER.
STANDARD O. FOREIGN INVESTMENT IN REAL PROPERTY TAX ACT (FIRPTA). A SELLER who is a U,S, citizen or resident alien and who fumishes BUYER Wlt~
an affidavit anesting to same, is exempl from FIRPTA withholding. If SELLER is a foreign person 01' entity, BUYER shall collect from the SELLER, 01' deduct and withholc
from the purchase price. a tax in an amount equivalent to 10% of the purd1ase price of the Property, unless: (a) the SEllER delivers to BUYER a withholding certificate
issued by the Intemal Revenue Service entitling SELLER to an exemption from withholding or a reduced withholding obligation, alId indemnifies BUYER for not collec~r.g
or withholding the tax 01' for withholding only such reduced amount as is set forth in the withholding certificate; 01' (b) the purchase price of the property is not more than
5300,00),00 and BUYER executes an affidavit es.ta~ishing BUYER's acquisitiCll of the Property is for use as a residence in accordance With the regulatlcns of the Intemal
Revef1ue Code, and otherwise complies with all applicable regulatioos and requirements promulgated 01' imposed by the Intemal Revef1ue Service related to that exempticr,
SELLER shall not be required to pay to BUYER 01' allow withholding by BUYER until BUYER satisfies SELLER the lax will be preper1y and timely remitted, Unless relieve-~
from the obligatioo to do so upon the circumstances set forth above, Within ten (10) days a/the Closing Date, BUYER will file with and remit the tax to the Intemal Reverl\,;e
Service fer the benefit of the SELLER. and will provide evidence of remittance to the SELLER. The collection or withholding of the tax by BUYER, or Ihe eSlablishmer::
01 an exemption by SELLER or BUYER as set forth herein, is a condition precedent to dosing, for the sole benefit a/BUYER. SELLER's failure or refusal to comply er
allow compliance with the requirements of Section 1445 IRC (and regulations) is an event of default and breach of this Contract by the SELLER.
STANDARD p. TIME OF PERfORMANCE AND REMEDIES. Time is of the essence fOl' dosing title, If BUYER does not perform BUYER's ot:ligations hereunder (exce;:t
as excused by the SELLER's default) all deposits made shall be paid to the SELlER as liquidated damages, which shall be SELLER's exdusive remedy, If SELLER OOes
not perform SEllER's obligations hereunder (except as excused by the BUYER's default), BUYER may ef1fOl'ce this Contract by a suit fOl' specific performance. damages
Q( may elect to terminate this Cootract and shall be entitled to return of the deposit(s).
STANDARD Q. LITIGATION ATTORNEYS' FEES AND COSTS. In connection with any litigation cooceming this Contract, the prevailing party shall be entitled to recover
reasonable attorneys' fees and court costs from the non-prevailing party,
STANDARD R . MISCELLANEOUS, The ~es have agreed to deal in good faith and to diligently wcrX toward a timely dosing. The singular tef1se shall indude the plural
tense. This Contract may only be modified in writing by the parties. Unless otherwise specified to the contrary, all references in this Cootract to a number of days shall
mean calendar days. All notices required to be given under !his Contract shallbe in writing, unless otherwise specified. As used herein, the terms 'real estate broker' er
'broker' shall indude all real estate brokers, brokerage COfPOI'ations 01' business entities, and their respective salespersoos involved in this transaction.
STANDARD S. REPRESENTATIONS AND WARRANTIES. Any and all represenlations and warranties must be wrillen into this Contract; otherwise. there are none
BUYER's decisioo to buy was based upon BUYER's own investigation of the Property. BUYER hdds the broker(s) harmless from an liability or loss caused by SELLER's
failure to disclose material facts in accordance with this Contract, representations regarding the Property's coodition, Q( broker's referral, recomm€ndation, or retentior:
of any vendor. The parties agree that assistance to a party by a broker does not, and win not. make the broker resp:ll1sible for performance. Each party (SEllER 01' BUYER;
is, and will remain, responsible for !hat party's performance of the obligations of this Contract.
STANDARD T - BINDING CONTRACT; LEGAl COUNSEL THE PARTIES ARE NOT REQUIRED TO USE ANY PARTICULAR FORM OF CONTRACT. TERMS ANC
CONDITIONS SHOULD BE NEGOTIATED BASED UPON THE RESPECTIVE INTERESTS, OBJECTIVES AND BARGAINING POSITIONS OF ALL INTERESTEC
PARTIES. APPROVAL OF THIS FORM BY THE COWER COUNTY BAR ASSOCIATION AND ASSOCIATIONS OF REALTORS DOES NOT CONSTITUTE AN OPINI01'.
THAT ANi OF THE TERMS AND CONDITIONS IN THIS CONTRACT SHOULD BE ACCEPTED BY A PARTY IN A PARTlCUtAR TRANSACTION. THIS IS A LEGALLY
BINDING CONTRACT FORM. EACH PARTY ACKNO'M..EDGES THAT PRIOR TO SIGNING THE CONTRACT, THE CLOSING EXPENSES HAVE BEEN EXPLAINED
REAL ESTATE TRANSACTION STANDARDS A THROUGH T HAVE BEEN RECEIVED AND REVIEWED, AND THAT PARTY HAS BEEN ADVISED BY THE REAL
ESTATE BROKER TO SEEK LEGAL COUNSEL AND TITLE INSURANCE TO PROTECT THAT PARTY'S INTEREST IN CONNECTION WITH THE TITLE STATU~
AND CLOSING OF THIS TRANSACTION. BUYER AND SEllER ARE ADVISED TO CONSULT AN APPROPRlA TE PROFESSIONAL FOR LEGAL TAX, PROPE.q T'r
CONDITION, ENVlRONMENTAL. AND OTHER SPECIAUZED ADVlCE. THIS CONTRACT SHALL BE BINDING UPON AND INURE TO THE BENEFIT OF THE PARTlE~
HERETO, THEIR HEIRS, ADMINISTRATORS, PERSONAL REPRESENTATIVES, AND SUCCESSORS IN INTEREST. -'AG;c,~A-iTc;.i- l
White Copy.Broker; Yellow Copy.Seller/Buyer C 1999 Napl" Ana Board of REALTORS~ and Association of Rul ES~I' Pro~~ion~~1 Rigtlts jtserved.
Appcoved by the Mateo Island Area Association of REAL TORS~, Inc:. and the Collier County Bar Association,(BOO 1/1~' iT!P ~ ,of .
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AFFIDA VIT
WelL ~" \; ~ 'f\A 0 ~ being first duly sworn, depose and say that well
ami 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
Well 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.-- - II .
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As property owner Well further authorize V (~V\ <AS.s e -t- \) 0.... Y \ D -r-
as our/my representative in any matters regarding this Petition.
to act
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Signature of Property Owner
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Signature of Property Owner
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Typed or Printed Name of O>~11er
Typed or Printed Name of O>mer
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Theforegoing instrument was acknowledged before me this jl day of JArJ0A~\.1
20 Ql, byP\-\ \ L\ I' tJ. fv'i(:>~f.... who is personally known to me or has produced
1J ~ I)ll \\j'U- L \ <- . as identification.
State of Florida
County of Collier
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.'* ~'1-0 John C Gonzper
* 1W * My CommIssiOn CC620058
-:....~ ,.' E'plfes February 9, 2001
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(Print, Type, or Stamp Commissioned
Name of Notary Public)
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APPUC..\TJO:-.' FOR PUBLIC HL\RI~G FOR STANDARD REZO;'liE -10/98
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FLORIDA DEPARTMENT OF STATE
Katherine Harris
SecNtary of State
January 11, 2001
(F 0{)'1 ~~(7
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CSC
J.J, LAWHON
The Articles of Organization for SUNSET, LLC were filed on January 11, 2001, and
assigned document number L01ooo000582. Please refer to this number whenever
corresponding with this office.
In accordance with section 608.406(2),F.S., the name of this limited liability company is
filed with the Department of State for public notice only and is granted without regard to
any other name recorded with the Division of Corporations.
A limited liability company annual report/uniform business report will be due this office
between January 1 and May 1 of the year following the calendar year of the file date, A
Federal Employer Identification (FEI) number will be required before this report can be
filed. Please apply NOW with the Internal Revenue Service by calling '.800-829-3676
and requesting form S5-4.
Please be aware if the limited Iiablli~ company address changes, it is the responsibility
of the limited liability company to notify this office,
Should you have any questions regarding this matter, please telephone (850) 487-
6051, the Registration Section.
Trevor Brumbley
Document Specialist
Division of Corporations
Letter Number: 201 A00001768
Account number: 072100000032
Amount charged: 125.00
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'\R11CI..ESOF ORGANIZA.TIONFOR F"'aJ:>RIDA IJMl1ED UABIll1Y COMPANY
ARTICLE 1- Name;
The ume of the Limited Liability Company is:
Sunset, LLC.
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ARTICLE n - Address:
The mailing address and street addTess ofthc principal office of the Limited Liability Company is:
10 Sunset Road
Attleboro. MA 02703
ARl1CLE m _ Registered Ageat, Registered Office. & Registered Agent!" Slpature:
The name and the Florida street address of the registered agent are:
corporation service Company
Name
1~01 Hays Street
F10rlda lIUCCt Id4rea (P .0. Box mrI aceepcablc)
Tallaha..ee FL 3~301
City. State, IDd Zip
Having been named as registered agent and to accept service of process for the alxTve stated limiled
liabllJ.ty comptmy aI the place desigMted in thJ.s certificate. 1 hereby accept tM appointment as
registued agent and agree to actin this capacity. lfurtlter agree to comply with 1M provi.stons oj all
statvte.s relating to the proper and complete perfonnance of MY dutles, and I am famUUzr with and
accept the ob/igatW1LS of my position as registered agent as provided for in Chapter 608, F.S..
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Rogincrcd A3a>l" SigDawre
Article IV . MaDAlement (Cbeck box if applicable.)
o Tho Limited Liability Company is to be managed by one manager or more managers and is,
therefore, a manager - managed company.
(In .CCOtdancc with 3Cction 608.408(3), FloridA Statutes. the execution
of chis dOC\lltllCnl CQD~ an affixmation UDder the pc:na1ties ofperjury
that the faeta Stated hen:in an; lIue.)
Raymond Bourque
Typed or prin~ name of signee
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PILING nES:
S loo.JlO l1l1DC Fee tv ..ut1da 01 OrpDlDtloe
S 15.00 Deli&utlDta of ~nd ~
S 30.00 Cft1Slled C.-py (0P110/'W.)fS 5.00 Cer1itbhl 01 Seahd (OPTIONAL)
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NAMES .AND ADDRESSES
OF MEMBERS:
Raymond Bourque
10 Sunset Road
Attlebcro, MA 02703
Paul Bourque
SCHEDULE A
TO
OPERATING AGREEMENT
OF
Sunset, LLC.
MpmERS
PERCENTAGE
INTEREST:
99%
1%
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January 2001
The Naples Racquet Club property had always been zoned
'recreational.' It's name was changed from Forrest Hills Tennis
Club ~]ith the change of ownership about six years age.
The previous owners tried to get the zoning changed but were
un-successful. We understand that the present owners are again
trying to change the zoning to residential.
We, the undersigned, are strongly opposed for the following
reasons:
1. The community through the years has become dependent
upon this facility for an accessible tennis club. People have
built and ~ought property here because of the tennis club.
2. In the past the residents of Lely have been very opposed
to any f~rther housing in this location with resultant problems
with traffic, water, sewer, etc.
3. The p:operty is located in the center of Hibiscus Golf
course. Everyday golf balls land in the tennis courts despite
the 10 foot fen~es. You can appreciate what it would be like
to have a home i11 this location. It would be life threaten~ng
and a constant bat~le over liability for injuries. People have
been hit while playing tennis by golf balls on the fly.
We plead with you to k!;'Sp this facility intact by ..NO.T Changi~ng.
the ZOning.. statute. _. <:L ,. C;I. / / ~
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Naples ~cquJ Crub
100 Forest Hills Blvd
Naples, FL 34113
774-2442
Millie Anderson
6630 Beach Resort Drive # 14
Naples, FL 34114
774-4575
Claude Barger
2415 Hidden Lake Drive #3
Naples, FL 34112
775-5540
Angelo Berti
111 Pahnetto Dunes Cir.
Naples, FL 34113
793-0320
Ruth Bundies
5560 ~ttlesnll.e H:mck #L-205
Naples, FL 34113
774-1913
Harold Chukerman
9061 Michael Dr. # 11
Naples, FL 34113
774-4280
Don & Sandy Clarke
520 Augusu Blvd. B203
Naples, FL 34113
793-7776
Jerry & Dale Cohan
158 Palmetto Dunes Cir.
Naples, FL 34113
774-5003
Ernest & Dolores Corvese
5295 Treetops Dr.
Naples, FL 34113
775-7803
Dick & Lil Delewski
760 Augusta Blvd. D 202
Naples, FL 34113
732-8563
An Duffy
162 Black Bear Road
Naples
775-9234
Karin FISCher
3072 Sandpiper Bay Cir M206
Naples, FL 34112
775-6811
Bud Foster
75 Palos Dr.
Naples, FL 34104
643-1125
Bob Gannnage
4834 Berkeley Dr.
Naples, FL 34113
793-2193
Waker & Ali Greeley
5342nd Street South
Naples, FL 34102
434-6475
Don & Georgia Hendricks
2102 Buckingham Lane
Naples 34112
53~1651
David & Elizabeth Hickling
448 Bristle Cone Lane
Naples 34113
793-8894
Anne Hillenbrand
1250 Jardin Drive
Naples, FL 34104
643-6787
Pam Kemp
90 1 Kings Way
Naples, FL 34104
262-8708
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Judy Barry
142 Palmetto Dunes Cir.
Naples, FL 34113
732-6074
Stuart Cammet
8223 Packstone 1# 208
Naples, FL 34120
348-2414
fun & Millie Clarkson
153 Muirfield Cir
Naples, FL 34113
793-0600
Neville & Maureen Deegan
8445 Mystic Greens # 2104
Naples, FL 34113
417-8768
Everette Do..zthoy
449 Fox Den Cir.
Naples, FL 34104
263-9454
Daryl Fry
5704 Gage Lane
Naples 34113
774-0702
David & Pat Hatwell
194 Muirfield Cir.
Naples, FL 34113
774-4116
Harley Hilger
190 Pebble Beach Blvd.
Naples 34113
774-7447
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Heike Klinkman
.6.51 St. Andrews Blvd.
pIes, FL 34113
732-1278
Fred & Carole Lakeway
8350 Danbury Blvd.
Naples, FL 34120
304-0350
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Bob & Pat Lorentz \
415 Augusta Blvd. # 1 08
Naples, FL 34113
793-2062
----~
lohn Mihok
365 Camaby Ct.
Naples, FL 34113
775-0785
Harold & Jill Oldak
1700 Dolphin Ct.
Naples, FL 34102
--t-0548
FritsPronk
101 Quail Hollow Court
Naples 34113
793-7414
Dick Ryan
487 Veranda Way CI03
Naples, FL 34104
353-0189
Margaret & John Horton Smith
1240 Blue Point Ave. B-21
Naples, FL 3410234102
775-3169
Art T etu
7360 Province Way #4208
Naples, FL 34104
353-9879
..,...........
11 & Cathy Wilson
119 Kim Dr.
Naples, FL 34104
643-4209
Norma Kobylarz
118 Palm Drive # 2
Naples, FL 34112
732-6230
Dirk Kruger
3072 Sandpiper Bay Cir M206
Naples, FL 34112
775-6811
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/ Art & Lorraine LeFevre '.
/ 238-607 Pebble Beach Blvd.
\ Naples, FL 34113
~J4-0038
Hi Lepley
124 Forest Hills Blvd.
Naples, FL 34113
793-4339
John & Doris Mayer
232 Pebble Beach Cir. E201
Naples, FL 34113
417-9744
Fran Meeker
5483 Rattlesnake Hmck #208B
Naples, FL 34113
793-2753
Roger Muller
315 St. Andrews Blvd. A-26
Naples, FL 34113
732-2008
Leah Nash
14100 Tamiami Trail E #75
Naples, FL 34114
732-5288
Ted Petzold
269 Deerwood Cir. #9
Naples, FL 34113
732-0912
Klink & Sandy Prince
3620 Haldeman Dr.
Naples, FL 34112
793-3974
Josie Ramsey
275 Forest Hills Blvd.
Naples, FL 34113
732-5504
Edie ROS,l
206 Pier B
Naples, FL 34112
775-3226
Charlie Schieding
3664 Arctic Cir
Naples, FL 34104
793-3162
Kermit Simmons
3 Blue Sky's Dr.
Naples, FL 34104
643-1815
Harold Symonds
13 Lemans Drive
Naples, FL 34112
775-3972
Bob Tedford
5499 Rattlesnake Hmmck Rd.
Naples 34113
732-1336
Bill Thomson
403 Torrey Pines Pt.
Naples, FL 34113
793-2626
James Trebbin
1051 EastHam\vay #B205
Naples, FL 34104
352-1226
Eli & Phyllis Young
415 Augusta Blvd.
Naples 34113
417 -1594
Cork Zin~~&';:>~;)'\ 1l2A 1
250 Torre Pine~'~
Naples, 34W!)., ... "0.01
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ORDINANCE NO. 01-_
AN ORDINANCE AMENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE WHICH ESTABLISHED THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING
THE OFFICIAL ZONING ATLAS MAP NUMBERED 0619N
BY CHANGING THE ZONING CLASSIFICATION OF THE
HEREIN DESCRffiED PROPERTY LOCATED AT 100
FOREST HILL BOULEVARD IN SEcrION 19, TOWNSHIP
50 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA, FROM "GC" GOLF COURSE TO "RSF-4" FOR A
MAXIMUM OF 12 SINGLE-FAMILY DWELLING UNITS;
PROVIDING FOR STAFF AND PLANNING COMMISSION
STIPULATIONS; AND BY PROVIDING AN EFFEcrIVE
DATE.
WHEREAS, Tim Hancock of Vanassee & Daylor, LLP, representing Sunset, LLC,
petitioned the Board of County Commissioners to change the zoning classification of the
herein described real property;
NOW, THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA:
SECTION ONE:
The zoning classification of the real property as more particularly described by Exhibit
"A", attached hereto and incorporated by reference herein, and located in Section 19,
Township SO South, Range 26 East, Collier County, Florida, is changed from "GC" Golf
Course to "RSF-4" and the Official Zoning Atlas Map Number 0619N, as described in
Ordinance 91-102, the Collier County Land Development Code is hereby amended
accordingly. The herein described real property is the same for which the rezone is hereby
approved subject to the following conditions:
1. The water management system will be evaluated at the time of Prelimenary
Subdivision Plat application, for impacts on surrounding "RSF-4 residential areas
and compliance with the Collier County Land Development Code.
SECTION TWO:
This Ordinance shall become effective upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier
County, Florida, this
day of
, 200 1.
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A TrEST:
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
G/.dminIRZ-200 I-AR.823/RBlcw
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EXBIBIT A
LELY GOLF ESTATES TENNIS COURT LEGAL:
All of that tract or parcel of land lying and being in Section
19, TO'omship 50 South, Range 26 East, Collier County, 'Floricja,
more particularly described as follo~s:
Said tract or parcel entails a portion of -Tract -A- of LELY GOLF
ESTATES ,TRACT MAP, as recorded in Plat EOOK 8, Page 20, Public
Records of Collier County, Florida.
Commence at a point where the south~esterly Right-of-way line of
-='orest Hills Boulevard intersects the East line of Section 19 and
un North 44048'32- West along said Right-of-way, line for 675.54
feet to the Nortnerly most corner of Lot 7, BlocK 24, of LELY
GOLF ESTATES, FOREST HILLS SECTION, a5 recorded in Plat BOOK 10,
Page 84, Public Records of Collier County, Florida, for POINT OF
BEGINNINGJ thence run South 45011'28" West for 149.07 feet thence
North 430 33' 59" West for 128.61 feet: thence North 62059'42"
West for 51.57 feetJ thence N24-0S'16"W for 51.57 feet, thence
N.43-33'59"W for 237.39 feetJ thence North 32004'50" West for
205.38 feetJ thence North 77-23'56" East for 200.27 feet; thence
South 50044'51- ~ast for 351.14 feet; thence South 62057'15- East
for 218.36 feet; thence South 45011'28" West for 180.0 feet to
the POINT OF BEGINNING and containing 3.51 acres more or less and
is subject to all easements, rights 'of ways, restrictions and
rCJervations of record.
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EXECUTIVE SUMMARY
PETITION PUD-2001-432 KAREN BISHOP OF PMS, INC. OF NAPLES, REPRESENTING
KENCO DEVELOPMENT, INC., REQUESTING A REZONE FROM "PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT AND "A" RURAL AGRICULTURAL TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS INDIGO LAKES PUD FOR THE PURPOSE
OF INCREASING ACREAGE FROM 140.85 ACRES TO 181.37 ACRES AND REDUCING
DENSITY FROM 3.14 TO 2.43 UNITS PER ACRE FOR A MAXIMUM OF 442
RESIDENTIAL DWELLING UNITS, FOR PROPERTY LOCATED ON COLLIER
BOULEVARD (C.R. 951), SOUTH OF THE EXISTING OAK RIDGE MIDDLE SCHOOL, IN
SECTION 27, TO\VNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
OBJECTIVE:
-
The Board of County Commissioners consider the petitioner's request to have land described
herein rezoned from its current zoning designation of "PUD" Planned Unit Development and
"A" Rural Agricultural, to "PUD" Planned Unit Development for the purposes of developing a
residential development on 145.93 +/- acres, providing for development tracts consisting of
residential development areas, a community recreation area, preserve and lake areas and street
right-of way.
CONSIDERATIONS:
The petitioner seeks to repeal the current Indigo Lakes PUD and to adopt a new PUD in order to
change the boundary of the PUD to add approximately 40 acres of land to the site, without
changing the actual number of dwelling units approved for the existing Indigo Lakes PUD and to
reduce the overall density of the project from 3.14 dwelling units per acre to 2.43 dwelling units
per without essentially changing the land use strategy.
The currently approved Indigo Lakes PUD presently allows a mixture of single family and
multiple family residential development. The maximum permitted number of dwelling units is
442, which computes to a gross density of 3.14 dwelling units per acre. The replacement PUD
updates the PUD to revise the legal description and update the document to current formatting
policy and references. It also seeks to add approximately forty acres ofland to the south side of
the existing project; and to reduce the density from 3.14 to 2.43 dwelling units per acre. This
petition does not propose to add additional dwelling units above the 442 which were approved at
the original adoption of the Indigo Lakes (formerly Wyndham Park) PUD. There will be no
decrease in the size of the previously approved preserve areas. There will be no change in the
location and numbers of access points originally approved under the Indigo Lakes (Wyndham
Park) PUD.
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AGENDA IT~M
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FISCAL IMPACT:
This PUD by and of itself will have no fiscal impact on the County. However, if this request
meets its objective, a portion of the existing land will be further developed. The mere fact that
new development has been approved will result in future fiscal impact on County public
facilities. The County collects impact fees prior to the issuance of building permits to help offset
the impacts of each new development on public facilities. These impact fees are used to fund
projects in the Capital Improvement Element needed to maintain adopted levels of service for
public facilities. In the event that impact fee collections are inadequate to maintain adopted levels
of service, the County must provide supplemental funds from other revenue sources in order to
build needed facilities.
The following impact fees will be applicable to this project:
. Park Impact Fee: $578.00 per unit
. Library Impact Fee: $180.52 per unit
. Fire Impact Fee: $0.15 per square feet of building
. School Impact Fee: S827 per unit
. Road Impact Fee: $890 per unit
. Radon Impact Fee: SO.005 per square foot of building
. EMS Impact Fee: S2 per unit
. Building Code Adm.: SO.005 per square foot of building
. Micro Film Surcharge: $1.50 per unit
For an average unit size of 1,000 square feet, the total fiscal impact will be S2,639.02 per unit.
Since this project proposes 442 units, the total amount of residential impact fees collected at
build-out will total S 1,166,446.8. It should be noted that because impact fees vary by housing
type and because this approval does not provide this level of specificity as to the actual type of
use, the total impact fee quoted above is at best a raw estimate. Additionally, there is no
guarantee that the project at build-out will have maximized their authorized level of
development.
Other fees will include building pennit review fees and utility fees associated with connecting to
the County's sewer and water system. Building pennit fees and utility fees have traditionally
offset the cost of administering the community development review process, whereas utility fees
are used on their proportionate share of impact to the County system. Finally additional revenue
is generated by application of ad valorem tax rates. The revenue that will be generated depends
on the value of the improvements. At this point in time a model has not been developed to arrive
at a reasonable estimate of tax revenue based on ad valorem tax rates. It should be noted that this
analysis was presented at the previous rezoning request for this project. Since this fiS~TE~
not purport to add dwelling units, the fiscal impact as previously analyzed will not han,gs:. y e
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GRO\VTH MANAGEMENT IMPACT:
The petition will have no impact on the Future Land Use Element (FLUE) of the Growth
Management Plan (GMP). The subject property is located in the Urban Mixed-Use Residential
Land Use classification as designated area on the County's Future Land Use Map (FLUM). The
requested PUD zoning designation to allow residential dwelling units at a density of 2.43
dwelling units per acre is consistent with the density rating system of the FLUE,
ENVIRONMENTAL ISSUES:
Approximately 25.11 acres of South Florida Water Management District (SFWMD)/Collier
County jurisdictional wetlands have been identified on the parcels to the added to the existing
PUD. Jurisdictional wetlands consist of approximately 25.11 acres. A total of 17.81 acres of
impacts to SFWMD/Collier County jurisdictional wetlands are proposed within the PUD
amendment. Compensation for wetland impacts will include off-site purchase of 1.46 credits
from a mitigation banle The petitioner is also proposing to create 0.09 acres of wetlands and
enhance 0.93 acres of uplands on-site within the parcels to be added to the PUD. Enhancement
will include removal of exotic vegetation and supplemental planting with native species.
HISTORICAL/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical/Archaeological Survey and Assessment is required.
EAC RECOMMENDATION:
The EAC voted unanimously to deny the project. The denial was based on part over concern as
to the level of impact the project proposed to jurisdictional wetlands. The EAC was also
concerned about the details of a wetlands study that is currently being conducted in the area by
the South Florida Water Management District. Apparently the staff from the South Florida
Water Management District were unable to attend, however correspondence with the Water
Management District staff both before and after the EAC meeting indicates no specific objection
to the project as proposed (see attached correspondence from Karen Johnson of the Water
Management District.
PLANNING COMMISSION RECOMl\JENDATION:
The Planning Commission voted unanimously to recommend approval of the project subject to
staff stipulations.
PLANNING SERVICES STAFF RECOMMENDATION:
The Planning Services staff recommends approval of the subject petition.
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PREPARED BY:
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CURRENT PLANNING MANAGER
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DATE
REVIE\VED BY:
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THOMAS E. KUCK, P.E., INTERIM DIRECTOR
PLANNING SERVICES DEPARTMENT
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APPROVED BY:
cr hZ/D'
JOHN' I. DUNNUCK, III INTERIM ADMINISTRATOR DATE
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COM~ UNITY DEVELOPMENT & ENVIRONMENTAL SVCS.
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Petition PUDZ-2001-AR-432 - Indigo Lakes tentatively scheduled for the September 25,2001
BCC Meeting.
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AGENDA ITEM 7-E
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRON. SERVICES DIVISION
DATE:
AUGUST 1,2001
RE:
PETITION NO:
PUDZ-2001-AR-432 INDIGO LAKES
OWNER/AGENT:
Agent:
PMS, Inc. of Naples
2335 Tamiami Trail N., Suite 408
Naples FL 34103
Owner:
Kenco Development, Inc.
255 East Drive, Suite D
Naples, FL 34119
REQUESTED ACTION:
The petitioner seeks to repeal the current Indigo Lakes PUD and to adopt a new PUD in order to
change the boundary of the PUD to add approximately 40 acres ofland to the site, without
changing the actual number of dwelling units approved for the existing Indigo Lakes PUD and to
reduce the overall density of the project from 3.14 dwelling units per acre to 2.43 dwelling units
per without essentially changing the land use strategy,
GEOGRAPHIC LOCATION:
The subject site is located within the southern half of Section 27, Township 48 South, Range 26
East, on the west side ofC.R. 951 just south of Immokalee Road, adjacent to and directly south
of Oak Ridge Middle School.
PURPOSEIDESCRIPTION OF PROJECT:
The currently approved Indigo Lakes PUD presently allows a mixture of single family and
multiple family residential development. The maximum permitted number of dwelling units is
442, which computes to a gross density of 3.14 dwelling units per acre, The replacement PUD
updates the PUD to revise the legal description and update the document to current formatting
policy and references. It also seeks to add approximately forty acres of land to the south side of
the existing project; and to reduce the density from 3,14 to 2.43 dwelling units per rcre:-This.D:,Jfi.\~e:"~1
petition does not propose to add additional dwelling units above the 442 which wer~ approved_~J'_, !
the origi~al ado~tion of the Ind.igo Lakes (formerly Wyndham Park) Pl!D. There w9l be....~~. .~ c ""';":' ~
decrease In the SIze of the preVIously approved preserve areas. There WIll be no change m,the.l ,~iJ '" I j
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location and numbers of access points originally approved under the Indigo Lakes (Wyndham
Park) PUD.
SURROUNDING LAND USE AND ZONING:
Existing: The property is presently zoned PUD, is undeveloped and consists of wooded
acreage and former agricultural land.
Zoning
Land Use
Surrounding: North - Agriculture (A);Laurelwood PUD; Oak Ridge Middle School
South - Agriculture (A); vacant Agricultural land
East - c.R. 951 right-of-way
West - Heritage Greens PUD; golf course
GRO'VTH MANAGEMENT PLAN CONSISTENCY:
The Indigo Lakes PUD is located on the west side of c.R. 951, approximately 0.6 of a mile
south of the Immokalee Road/C.R. 951 intersection, abutting the Oak Ridge Middle School's
southern and western boundaries. The site is located in the Urban Mixed Use Residential Land
Use classification as designated area on the County's Future Land Use Map. Urban Residential
Mixed Use is inclusive of a variety of residential land uses including single family, multi-family,
duplex, mobile home and mixed use (Planned Unit Development). The subject petition is for a
mixed use residential PUD, for single family and multifamily land uses, which are authorized
uses of land in the urban residentially designated area of the Future Land Use Element (FLUE),
therefore, it is consistent with the FLUE.
Consistency with other applicable elements of the Growth Management Plan (GMP) is as
follows:
Land Use Residential Density:
The projected density of 2.43 dwelling units per acre and is consistent with the density rating
system contained in the FLUE and is based on the following relationships to the required criteria:
47 acres within activity center density band
134.38 acres outside activity center
+7 dwelling units/acre
+4 dwelling units/acre
Therefore, 47 acres @ 7 du/acre= 329 units + 134.38 acres @ 4 du/acre = 537
Total eligibility: 866 units
The requested 442 units are well below the eligible maximum of 866 units.
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A portion ofthe subject property (47 acres) is located within one (1) mile of an Activity. enter., , _ 'v." ,
localed at CR 951 and Immokalee Road. Lands surrounding the subj ect site are developJd witl1- ] L" j I
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or are currently zoned to allow densities which range from one (1) unit per five (5) acres up to
5.96 dwelling units per acre for the Laurelwood PUD. Residential properties immediately
abutting the subject site to the west are developed at a density of2.10 and to the north, 5.96
dwelling units per acre.
The approved l~d uses allowed in this PUD are consistent with the provisions of the FLUE
relative to a Mixed Use urban residential land use designation. There are no proposed changes to
the types of uses permitted or an increase in the permitted density or number of permitted
dwelling units.
Staff evaluation for consistency with applicable elements of the GMP advises that this PUD as
structured is consistent with applicable elements of the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map.
Therefore, no Historical! Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND
INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related
to the above referenced areas of critical concern. This includes a review by the Community
Development Environmental and Engineering staff, and the Transportation Department. These
reviews help shape the content of the PUD document and cause development commitments to be
formulated to achieve GMP and LDC requirements. Where the petitioner determined to
challenge recommended revisions these are identified for final resolution by the Collier County
Planning Commission, and the County's Board of Commissioners.
Pursuant to the addition of 40 acres, the petition was heard by the EAC on August 7, 2001. The
EAC recommended to deny the petition by a vote of7-0, Staffs understanding ofthe
recommendation is such that the EAC apparently had questions of the South Florida Water
Management District, representatives of which were not in attendance.
ANALYSIS:
This is a PUD amendment even though the process is one of rezoning the land from "PUD" to
"PUD". When we use a rezoning process to accomplish a PUD amendment, we do so to achieve
a level of administrative convenience because it avoids the requirement to track amendments and
their relationship to the original document in order to understand the totality of the regulations as
they apply to the PUD zoning district. The proposed amendment to the PUD is to change the
PUD boundary in order to add forty (40) acres to the PUD; and to reduce the density of
development from 3.14 dwelling units per acre to 2.43 dwelling units per acre without essentially
changing the land use strategy.
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These proposed changes will not have a negative impact on the density or infrastructurefntel;Il~1 J> E._
or external to the project. For these reasons, staffis of the opinion that the required findmgs for
standard and PUD rezones do not apply in recogniti~n of the fact that when the propetwa~E? 2 5 2081
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initially rezoned, the decision to approve the then Wyndham Park PUD later amended to Indigo
l.akes PUD, was based upon a preponderance of evidence and conditions which support the
required findings for both standard and PUD rezoning actions.
It
Relative to the addition of forty (40) acres, staff's analysis reveals that the additional land area is
compatible to adjacent properties. Specifically, the south and east sides of the two twenty (20)
acre tracts abut undeveloped acreage zoned Rural Agricultural (A). The north sides of the tracts
abut the existing southern boundaries of the Indigo Lakes PUD. The west side of the tract abuts
the existing Heritage Green PUD and merely carries the existing western property boundary of
the Indigo Lakes PUD further south along its western boundary. Building heights and types will
be similar and compatible. None of the proposed amendments will have a negative impact on
traffic circulation or utilities.
Transportation interconnection between the subject site and abutting properties does not appear
feasible. The layout of the PUD Master Plans for the Laurelwood and Ibis Cove PUD's does not
facilitate an interconnection to the subject site. The Transportation Department has determined
that an interconnection to the south and east is not necessary.
STAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition PUDZ-
2001-AR432 being a petition to repeal the current Indigo Lakes PUD and adopt the revised
Indigo Lakes PUD as described by the draft Ordinance of Adoption and Exhibits thereto (i.e.
PUD document) and subject to the following stipulations:
.
1. Prior to the approval of constructions plans, a twenty (20) foot wide drainage easement along
the west property lien of the Ford Parcel shall be dedicated to the County for access and
maintenance of the adjacent canal, as required by the Harvey Basin Stormwater management
Plan.
2. Section 4,9 of the PUD document shall be revised to read Stormwater Management
Department Director instead of Water Management.
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PREP ARED BY:
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AUSANMURRAY,AICP
CURRENT PLANNING MANAGER
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DATE
REVIEWED BY:
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THOMAS KUCK, P.E. INTERIM DIRECTOR
PLANNING SERVICES DEPARTMENT
B/2'2/~/
DATE
APPROVED BY:
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M, DUNNUCK, ill, INTERIM ADMINISTRATOR DATE
TY DEVELOPMENT & ENVIRONMENTAL SVCS, DIVISION
Petition Number: PUDZ-2001-ar-432
Staff Report for the August 16,2001 CCPC Meeting
NOTE: This Petition has been tentatively scheduled for the September 11,2001 BCC meeting.
COMMISSION:
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REZONE FINDINGS FOR PETITION PUDZ-2001-AR-432 INDIGO LAKES
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Section 2.7.2.5. of the Collier County Land Development Code requires that the report
and recommendations of the Planning Commission to the Board of County
Commissioners shall show that the Planning commission has studied and considered the
proposed change in relation to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives,
and policies and Future Land Use map and the elements of the Growth
Management Plan.
Pro/Con:
Evaluation not applicable.
Surnrnarv Findin2s: The proposed development is in compliance with the goals,
objectives and policies of the Future Land Use Element of the Growth Management Plan
for Collier County, and all other elements, their objectives and policies.
2. The existing land use pattern;
Pro/Con: Evaluation not applicable.
Surnrnarv Findin2s:
e.
Existing: A portion of the subject property is heavily vegetated. The majority of the site
is presently designated PUD and is under development with residential land uses.
The additional forty (40) acres has a Rural Agricultural (A) zoning designation
and is undeveloped.
Surrounding: North - Planned Unit Development (PUD), Indigo Lakes PUD; under
construction for residential development and School site.
South - Rural Agricultural (A); vacant
West - Heritage Greens PUD and Island Walk PUD/DRl; residential
development and golf course.
East - CR 951
The current Agricultural "A" zoning designation allows for development of single family
residential dwelling units at a density of one (1) dwelling unit per five (5) acres. Abutting
the subject site to the east exists single family and multiple family residential
development generally developed at densities of 3 dwelling units per acre.
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3. The possibility creating of an isolated district unrelated to adjacent and
t nearby districts;
Pro/Con:
Evaluation not applicable.
Summary Findin2.s: The site is surrounded by residential development to the east and
north. The proximity to adjacent developments and consistency with the locational
requirements of the County's Growth Management Plan justifies a rezoning action to
PUD for residential purposes.
4. Whether existing district boundaries are illogically drawn in relation to
existing conditions on the property proposed for change.
Pro/Con:
Evaluation not applicable.
Summary Findin2s: The district boundaries for the existing PUD are already approved.
The additional land area is within the urban area on the County's GMP which allows for
residential development at the density requested.
5. \Vhether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro/Con:
Evaluation not applicable.
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Summary Findin2s: The proposed change is appropriately based on the existing
conditions of the property and because it is consistent with the Future Land Use Element
of the Collier County Growth Management Plan.
6. \Vhether the proposed change will adversely influence living conditions in
the neighborhood;
Pro: The proposed rezoning is a logical extension of the similarly zoned parcels to the
north and east.
Con: None.
Summary Findin2s: The proposed zoning amendment will not adversely affect living
conditions in the neighborhood due to the similar nature of the surrounding development.
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7. Whether the proposed change will create or excessively increase traffic
congestion or create types of traffic deemed incompatible with surrounding land
uses, because of peak volumes or projected types of vehicular traffic, including
activity during construction phases of the development, or othenvise affect-p1;!!?.!j~~,.\ ;'T-::~~---";
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Pro: (i) The proposed development of the subject property was previousl an,!!~e<t (9r2CD1 1
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Because this is merely an application to add 40 acres of land without increasing the
allowable number of dwelling units, there is no additional impact to the County's road
network above and beyond that which was analyzed at the original rezoning, and deemed
to be consistent at that time.
Con: The Transportation Element encourages interconnection between projects. The
PUD Master Plan layout provides a single point of ingress and egress off of CR -951.
Previous approvals of abutting projects to the north and east preclude logical
interconnection to the subject site.
Summary Findines: The additional of 40 acres of land without an increase in dwelling
units will not impact the County's roadway network. The petition has been deemed to be
consistent with the County's GMP at the time of original rezoning and subsequent
amendment, and that consistency relationship continues today. In the final analysis all
projects are subject to the Concurrency Management system.
8. Whether the proposed change will create a drainage problem;
Pro: Water management improvements to accommodate site development are designed
to accommodate the normal drainage requirement. Regulations within the PUD
document and State permitting requirements should insure no adverse impact to the
subject site or abutting properties.
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Con: Urban intensification always poses a threat for area-wide flooding under the most
severe rainfall event, unless countywide drainage improvements are made commensurate
with urban intensification.
Summary Findines: Every project approved in Collier County involving the utilization
ofland for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County standards as a condition of approval. The County's Stormwater
Management Director reviewed the proposed project, and his recommendations have
been incorporated into the PUD document. In the event area-wide deficiencies develop,
which deficiencies would be further exacerbated by developing vacant land, the County is
required to react through its Concurrency Management system.
9. Whether the proposed change will seriously reduce light and air to adjacent
areas;
Pro/Con:
Evaluation not applicable.
6.,
Summary Findines: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and other apply generally and equally to all zoning districts (i.e. open spa~__
requirement, corridor management provisions, etc.) were designed to ensure that light I.(.i...'-'D.\ !~\~
penetration and circulation of air does not adversely affect adjacent areas. ~~"_ t --
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10. Whether the proposed change will adversely affect property values in the
adjacent area;
Pro: Urban intensification typically increases the value of adjacent vacant or
underutilized land.
Con: None.
Summarv Findines: This is a subjective determination based upon anticipated results,
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by many factors including zoning, however zoning by itself
mayor may not affect values, since value determination by law is driven by market value.
The mere fact that a property is given a new zoning designation mayor may not affect
value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con:
Evaluation not applicable,
Summarv Findines: Application of the development standards found in the Land
Development Code combined with the administrative site development plan approval
process, should give reasonable assurance that the proposed change in zoning will not
deter the future improvement or development of adjacent property.
12. \Vhether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con:
Evaluation not applicable.
Summarv Findines: Since consistency with the Future Land Use Element as part of the
County's Growth Management Plan is deemed to be in the public's interest, and because
the proposed rezoning action and subsequent development complies with the Growth
Management Plan, then the proposal can be deemed not to constitute a special privilege
and in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con:
Evaluation not applicable.
Summarv Findines: The subject property is not undevelopable under its current zoning
designation. However the project is surrounded by properties north and west of the site
are already developed with land uses, which are similarly intensive to that which has
already been approved for the maiority of the site. ~ -. ..""" _"'T~n'l'
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14. Whether the change suggested is out of scale with the needs of the
neighborhood or the County;
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Pro/Con:
Evaluation not applicable.
Summary Findines: The proposed development complies with the Future Land Use
Element of the County's Growth Management Plan, a policy statement which has
evaluated the scale, density and intensity ofland uses deemed to be acceptable for this
site.
15. Whether it is impossible to find other adequate sites in the County for the
proposed use in districts already permitting such use.
Pro/Con:
Evaluation not applicable.
Summary Findines: This is a special purpose petition, which involves establishing a
density not otherwise available in an existing Agricultural zoning district. Additionally,
the majority ofthe site is already zoned to permit the type of development desired by the
petitioner. Additionally, the petitioner does not propose to develop the site for additional
dwelling units above that which was already approved for the majority of the site.
Rezoning the petition to PUD furthers the intent of Policies 5.5 and 5,6 of the FLUE.
~
16. The physical characteristics of the property and the degree of site alteration,
which would be required to make the property usable for any of the range of
potential uses under the proposed, zoning classification.
Pro/Con:
Evaluation not applicable.
Summarv Findines: The extent of site alteration will be determined as a function of
obtaining Site Development Plan approval that will be necessary to execute the PUD's
development strategy.
17. The impact of development on the availability of adequate public facilities
and services consistent with the levels of service adopted in the Collier County
Growth management Plan as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con:
Application not applicable.
Summarv Findines: Sanitary sewers and municipal water utilities are available to serve
the development. Review by jurisdictional staff for consistency evaluation with GMP
required levels of service advise that there is no deficiency. This request does not result
in an increase in the number of allowable dwelling units; therefore there will be no
additional impact on public facilities as a result of this rezoning.
10
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FINDINGS FOR PUD
PUDZ-2001-AR-432 INDIGO LAKES
Section 2.7.3.2.5. of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plan's compliance with the
following criteria:
1. The suitability of the area for the type and pattern of development proposed
in relation to physical characteristics of the land, surrounding areas, traffic
and access, drainage, sewer, water, and other utilities.
Pro: (i)
(ii)
9!lli
Findin2:
The subject site is located adjacent to existing residential
development to the north and west.
The subsequent development of the site will provide a logical
extension of residential development consistent with surrounding
development.
None.
Jurisdictional reviews by County staff support the manner and
pattern of development proposed for the subject property.
Development conditions contained in the PUD document give
assurance that all infrastructure will be developed and be consistent
with County regulations. Any inadequacies which require
supplementing the PUD document will be recommended to
the Board of County Commissioners as conditions of approval by
staff and the CCpe.
2. Adequacy of evidence of unified control and suitability of any proposed
agreements, contract, or other instruments, or for amendments in those
proposed, particularly as they may relate to arrangements or provisions to be
made for the continuing operation and maintenance of such areas and
facilities that are not to be provided or maintained at public expense.
Pro/Con:
Findin2:
Evaluation not applicable.
Documents submitted with the application provide evidence of
unified control. The PUD document makes appropriate provisions
for continuing operation and maintenance of common areas.
3. Conformity of the proposed Planned Unit Development with the goals,
objectives and policies of the Growth Management Plan.
Pro/Con:
Evaluation not applicable.
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Findin!!:
.
The subject petition has been found consistent with the goals,
objectives and policies of the FLUE of the Growth Management
Plan. The subject property is designated Mixed Use Urban
Residential on the FLUE to the GMP. The petition as proposed by
the applicant, is consistent with applicable elements of the
County's Growth Management Plan.
4. The internal and external compatibility of proposed uses, which
conditions may include restrictions on location of improvements,
restrictions on design, and buffering and screening requirements.
Pro/Con:
Findin!!:
Evaluation not applicable.
The PUD Master Plan has been designed to optimize internal land
use relationships. External relationships are regulated by the Land
Development Code to help assure harmonious relationships
between projects.
5. The adequacy of usable open space areas in existence and as proposed
to serve the development.
Pro/Con:
~
Findin2::
Evaluation not applicable,
The amount of open space set aside by this project is consistent
with the provisions of the Land Development Code.
6. The timing or sequence of development for the purpose of assuring
the adequacy of available improvements and facilities, both public
and private.
Pro/Con:
Findin2::
Evaluation not applicable.
Timing or sequence of development in light of concurrency
requirements automatically triggers the mechanism for ensuring
that future LOS degradation is not allowed or the LOS deficiency
is corrected.
See Finding No, 1, also applicable for this finding.
7. The ability of the subject property and of surrounding areas to
accommodate expansion.
Pro/Con:
"
Findin!!:
Evaluation not applicable.
Ability, as applied in.this context, implies supporting infr~structuf,~'_c_,';;::\ i~'J
such as wastewater dIsposal systems, potable water supplIes) 'N.J_._5:..._.,
characteristics of the property relative to hazards, and capacity of -~ :):' :: '\i<l;
roads, is supportive of conditions emanating from urban ~ ~.- '. I ~'N!
12 ~ P~.~__._
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development. The project does not propose to increase the number
of dwelling units, therefore there will be no additional burden
placed on supporting infrastructure that was not already analyzed at
the original rezoning request for this property.
8.
Conformity with PUD regulations, or as to desirable modifications of
such regulations in the particular case, based on determination that
such modifications are justified as meeting public purposes to a
degree at least equivalent to literal application of such regulations.
Pro/Con: Evaluation not applicable.
Findin2: This finding essentially requires an evaluation of the extent to
which development standards proposed for this PUD depart from
development standards that would be required for the most similar
conventional zoning district. The development standards in this
PUD are similar to those standards used for similar residential
structures.
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APPLICATION FOR PUBLIC HEARING FOR: PUD REZONE
Petition No.:
PUDZ-200 I-AR-432
INDIGO LAKES PUD
Project # 200 1020076
DATE: 3/05/0 I
eceived:
Commission District:
Susan Murray
Planner Assigned:
ABOVE TO BE COMPLETED BY STAFF
1, General Information:
Name of Applicant(s) Kenco Development, Inc.
Applicant's Mailing Address 8610 Pebblebrooke Drive
City Naples
State
Florida
Zip 34119
Applicant's Telephone # 354-0618
Fax # 354-0621
Name of Agent Karen Bishop
Finn PMS.Inc.ofNaples
Agent's Mailing Address 2335 Tamiami Trail North. Suite 408
City Naples
State Florida
Zip 34103
Agent's Telephone # 941-435-9080
Fax # 941-435-9082
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE. 10198
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COLLIER COUNTY COMMUNITY DEVELOPMENT
PLANNING SERVICES/CURRENT PLANNING
2800 N. HORSESHOE DRIVE-NAPLES,FL 34104
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PHONE (941) 403-24001FAX (941) 643-6968
Complete the following for all Association(s) affiliated with this petition. (Provide additional
sheets if necessary) Associations not formed yet
')
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
2. Disclosure oflnterest Information:
a. If the property is owned fee simple by an INDIVIDUAL, tenancy by the entirety,
tenancy in common, or joint tenancy, list all parties with an ownership interest as
well as the percentage of such interest. (Use additional sheets if necessary).
Name and Address
Percentage of Ownership
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APPLICATION FOR PUBLIC HEARING FOR PUD REZONE. ]0J)8
l.
b. If the property is owned by a CORPORATION, list the officers and stockholders
and the percentage of stock owned by each.
Name and Address, and Office
Percentage of Stock
c. If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with
the percentage of interest.
Name and Address
l.
Percentage of Interest
d. If the property is in the name of a GENERAL or LIMITED PARTNERSHIP, list
the name of the general and/or limited partners.
Name and Address
Percentage of Ownership
e. If there is a CONTRACT FOR PURCHASE, with an individual or individuals, a
Corporation, Trustee, or a Partnership, list the names of the contract purchasers
below, including the officers, stockholders, beneficiaries, or partners.
<..
Name and Address
Kenneth P. Saundry, Jr. of Kenco Develop.
8610 Pebblebrooke Drive
Naples, FL 34119
APPLICATION FOR PUBLIC HEARING FOR PUD REZONE -10198
Percentage of Ownership
100%
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Date of Contract:
f. If any contingency clause or contract terms involve additional parties, list all
individuals or officers, if a corporation, partnership, or trust.
Name and Address
g. Date subject property acquired: () leased ():_Term of lease_yrs./mos.
If, Petitioner has option to buy, indicate date of option:
terminates: , or anticipated closing date
and date option
h. Should any changes of ownership or changes in contracts for purchase occur
subsequent to the date of application, but prior to the date of the final public
hearing, it is the responsibility of the applicant, or agent on his behalf, to submit
a supplemental disclosure of interest form.
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3.Detailed leeal description of the property covered by the application: (If space is
inadequate, attach on separate page.) If request involves change to more than one zoning
district, include separate legal description for property involved in each district. Applicant
shall submit four (4) copies of a recent survey (completed within the last six months,
maximum 1" to 400' scale) if required to do so at the pre-application meeting.
NOTE: The applicant is responsible for supplying the correct legal description. If
questions arise concerning the legal description, an engineer's certification or sealed survey
may be required.
Section:27 & 34
Township:48S
Range: 26E
Lot: Block:
Subdivision:Indigo Lakes
Section 27 -#00194360009
61 Property I.D.#:_ Section 34 - #00203320008
Plat Book-1L Page #:
Metes & Bounds Description:
4.Size of property: Irre~u)ar ft. X
ft. - Total Sq. Ft.
Acres 40.53
Oak Ridge middle school.
5.Addressl~enera) location of subiect property: County Road 951, South of the existing
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APPLICATION FOR PUBLIC HEARING FOR pun REZONE -10/98
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6. Adjacent zonim!. and land use:
Zoning
Land use
NPUD
Residential
S A
Vacant
E A
Vacant
WPUD
Residential
Does the owner of the subject property own property contiguous to the subject property? If
so, give complete legal description of entire contiguous property. (If space is inadequate,
attach on separate page). N/A
Section:
Township: Range:
Lot:
Block: Subdivision:
Plat Book_ Page #:
Property I.D.#:
Metes & Bounds Description:
7. Rezone Request: This application is requesting a rezone from the A
zoning district(s) to the PUD zoning district(s).
Present Use of the Property: Vacant
Proposed Use (or range of uses) of the property: Residential
8. Evaluation Criteria: Pursuant to Section 2.7.2.5 and Sec. 2.7.3.2.5 of the Collier
County Land Development Code, staff's analysis and recommendation to the Planning
Commission, and the Planning Commission's recommendation to the Board of County
Commissioners shall be based upon consideration of the applicable criteria noted below.
Provide a narrative statement describing the rezone request with specific reference to the
criteria noted below. Include any backup materials and documentation in ~uppOrt of.the::)'---l
request. ' ~h~_~_.. i
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APPLlCA nON FOR PUBLIC HEARING FOR PlJD REZONE - lOl)8
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Standard Rezone Considerations (LDC Section 2.7.2.5)
1. Whether the proposed change will be consistent with the goals, objectives, and policies
and future land use map and the elements of the growth management plan.
2. The existing land use pattern.
3. The possible creation of an isolated district unrelated to adjacent and nearby districts.
1. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property for the proposed change.
5. Whether changed or changing conditions make the passage of the proposed amendment
(rezone) necessary.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood.
7. Whether the proposed change will create or excessively increase traffic congestion or
create types of traffic deemed incompatible with surrounding land uses, because of
peak volumes or projected types of vehicular traffic, including activity during
construction phases of the development, or otherwise affect public safety.
8. Whether the proposed change will create a drainage problem.
9. Whether the proposed change will seriously reduce light and air to adjacent areas.
10. Whether the proposed change will seriously affect property values in the adjacent area.
11. Whether the proposed change will be a deterrent to the improvement or development of
adjacent property in accordance with existing regulations.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasted with the public welfare.
13. Whether there are substantial reasons why the property cannot be used in accordance
with existing zoning.
14. Whether the change suggested is out of scale with the needs of the neighborhood or the
county.
15. Whether it is impossible to find other adequate sites in the county for the proposed use
in districts already permitting such use. a ;~>:",-,'~. ?'.
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16. The physical characteristics of the property and the degree of site alteratioA which -----.
would be required to make the property usable for any of the range of pote,l,ial y~~s 2 <j ~~~C:
APPLICATION FOR PUBLIC HEARING FOR POO REZONE - 10198 J P~. :? ~
PAGE 60 16... -. ~- --
under the proposed zoning classification.
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17. The impact of development on the availability of adequate public facilities and services
consistent with the levels of service adopted in the Collier County growth management
plan and as defined and implemented through the Collier County Adequate Public
Facilities Ordinance [Code ch. 106, art. II], as amended.
18. Such other factors, standards, or criteria that the board of county commissioners shall
deem important in the protection of the public health, safety, and welfare.
PUD Rezone Considerations (LDC Section 2.7.3.2.5)
1. The suitability of the area for the type and pattern of development proposed in relation
to physical characteristics of the land, surrounding areas, traffic and access, drainage,
sewer, water, and other utilities.
2. Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly as
they may relate to arrangements or provisions to be made for the continuing operation
and maintenance of such areas and facilities that are not to be provided or maintained
at public expense. Findings and recommendations of this type shall be made only after
consultation with the county attorney.
-'
3. Conformity of the proposed PUD with the goals, objectives and policies of the growth
management plan.
4. The internal and external compatibility of proposed uses, which conditions may include
restrictions on location of improvements, restrictions on design, and buffering and
screening requirements.
5. The adequacy of usable open space areas in existence and as proposed to serve the
development.
6. The timing or sequence of development for the purpose of assuring the adequacy of
available improvements andfacilities, both public and private.
7. The ability of the subject property and ofsurrounding areas to accommodate
expansion.
8. Conformity with PUD regulations, or as to desirable modifications of such regulations
in the particular case, based on determination that such modifications of justified as
meeting public purposes to a degree at least equivalent to literal application of such
regulations.
APPLICATION FOR PUBLIC HEARING FOR PIJD REZONE -IO~8
9.Deed Restrictions: The County is legally precluded from enforcing deed restrictions. .. ...' .,
however, many communities hav~ adopted such restricti?ns. You ma~ wish 10 c'\rp.'1:t~e.'~~; E
CIVIC or property owners aSSOCIatIon In the area for WhICh thIS use IS bem& request&lIn
order to ascertain whether or not the request is affected by existing deed restrictions;--, 7: ',':rj~1
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1 a.Previous land use petitions on the subiect property: To your knowledge, has a public
hearing been held on this property within the last year? If so, what was the nature of that
hearing? NO
11.Additional Submittal requirements: In addition to this completed application, the
following shall be submitted in order for your application to be deemed sufficient, unless
otherwise waived during the pre-application meeting.
a. A copy of the pre-application meeting notes;
b. If this rezone is being requested for a specific use, provide fifteen (15) copies of a 24"
x 36" conceptual site plan [and one reduced 8Y2" x 11" copy of site plan], drawn to a
maximum scale of I inch equals 400 feet, depicting the following [Additional copies of
the plan may be requested upon completion of staff evaluation for distribution to the
Board and various advisory boards such as the Environmental Advisory Board (EAB),
or CCPC];
· all existing and proposed structures and the dimensions thereof,
· provisions for existing and/or proposed ingress and egress (including pedestrian
ingress and egress to the site and the structure(s) on site),
· all existing and/or proposed parking and loading areas [include matrix indicating
required and provided parking and loading, including required parking for the
disabled],
· required yards, open space and preserve areas,
· proposed locations for utilities (as well as location of existing utility services to the
site),
· proposed and/or existing landscaping and buffering as may be required by the
County,
a. An architectural rendering of any proposed structures.
c. An Environmental Impact Statement (ElS), as required by Section 3.8. of the Land
Development Code (LDC) , or a request for waiver if appropriate.
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APPLICATION FOR PUBUC HEARING FOR PIJD REZONE. lOJ'J8
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PAGE 8 OF 16
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a. Whether or not an EIS is required, two copies of a recent aerial photograph, (taken
within the previous twelve months), minimum scale of one inch equals 400 feet, shall
be submitted. Said aerial shall identify plant andlor wildlife habitats and their
boundaries. Such identification shall be consistent with Florida Department of
Transportation Land Use Cover and Fonns Classification System. Additionally, a
calculation of the acreage (or square feet) of native vegetation on site, by area, and a
calculation and location(s) of the required portion of native vegetation to be preserved
(per LDC Section 3.9.5.5.4.).
b. Statement of utility provisions (with all required attachments and sketches);
c. A Traffic Impact Statement (TIS), unless waived at the pre-application meeting;
d. A historical and archeological surveyor waiver application if property is located
within an area of historical or archaeological probability (as identified at
pre-application meeting);
e. Any additional requirements as may be applicable to specific conditional uses and
identified during the pre-application meeting, including but not limited to any required
state or federal pennits.
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APPLlCA nON FOR PlffiUC HEARING FOR PUD REZONE - 10198
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PAGE 9 OF 16
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TRAFFIC IMPACT STATEMENT (TIS):
A TIS is required unless waived at the pre-application meeting. The TIS required may be either a
major or minor as detennined at the pre-application meeting. Please note the following with regard
to TIS submittals:
MINOR TIS: Generally required for rezone requests for property less than 10 acres in size,
although based on the intensity or unique character of a petition, a major TIS may be required for
petition of ten acres or less.
MAJOR TIS: Required for all other rezone requests.
A minor TIS shalJ include the folJowing:
I.Trip Generation:
Annual Average Daily Traffic
(at build-out)Peak Hour (AADT)
Peak Season Daily Traffic
Peak Hour (PSDT)
2. Trip AssignmentWithin Radius of Development Influence (RDI)
3. Existing Traffic:
Within RDI
AADT Volumes
PSDT Volumes
Level of Service (LOS)
4. Impact of the proposed use on affected major thoroughfares, including any anticipated
changes in level of service (LOS).
5. Any proposed improvements (to the site or the external right-of-way) such as providing or
eliminating an ingress/egress point, or providing turn or dece1 lanes or other improvements.
6. Describe any proposal to mitigate the negative impacts on the transportation system.
7. For Rezones Only: State how this request is consistent with the applicable policies of the
Traffic Circulation Element(TCE) of the Growth Management Plan (GMP), including
policies 1.3, 1.4,4.4,5.1,5.2, 7.2 and 7.3.
A Major TIS shalJ address all of the items listed above (for a Minor TIS, and shall also
include an analysis of the following:
1. Intersection Analysis
2. Background Traffic
3. Future Traffic
4. Through Traffic
5. Planned/Proposed Roadway Improvements
6. Proposed Schedule (Phasing) of Development
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APPUCATION FOR PUBLIC HEARING FOR PUD REZONE - 10198
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PAGE 10 OF 16
TRAFFIC IMPACT STATEMENT (TIS) STANDARDS:
~
The following standards shall be used in preparing a TIS for submittal in conjunction with a
conditional use or rezone petition:
1. Trip Generation: Provide the total traffic generated by the project for each link within the
project's Radius of Development Influence (RD!) in conformance with the acceptable traffic
engineering principles. The rates published in the latest edition of the Institute of
Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by
the petitioner or the County justifies the use of alternative rates.
2. Trip Assi!!nment: Provide a map depicting the assignment to the network, of those trips
generated by the proposed project. The assignment shall be made to all links within the RDI.
Both annual average and peak seasonal traffic should be depicted.
3. Existine Traffic: Provide a map depicting the current traffic conditions on all links within
the RDI. The AADT, PSDT, and LOS shall be depicted for all links within the RDI.
4. Level of Service (LOS): The LOS of a roadway shall be expressed in terms of the
applicable Collier County Generalized Daily Service Volumes as set forth in the TCE of the
GMP.
~ 5. Radius of Development Influence (RDn: The TIS shall cover the least of the following
two areas:
a) an area as set forth below; or,
b) the area in which traffic assignments from the proposed project on the major
thoroughfares exceeds one percent of the LOS "C".
Land Use
Distance
Residential
5 Miles or as required by DRI
Other (commercial, industrial, institutional, etc.)
o - 49,999 Sq. Ft. 2 Miles
50,000 - 99,999 Sq. Ft. 3 Miles
100,000 - 199,999 Sq. Ft. 4 Miles
200,000 - 399, 999 Sq. Ft 5 Miles
400,000 & up 5 Miles
In describing the RDI the TIS shall provide the measurement in road miles from the proposed
project rather than a geometric radius.
6. Intersection Analysis: An intersection analysis is required for all intersectiOl',
APPLICATION FOR PUBI.IC HEARING FOR PUD REZONE .10198
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RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200
Vehicles Per Hour (VPH).
7. Backeround Traffic: The effects of previously approved but undeveloped or partially
developed projects which may affect major thoroughfares within the RDI of the proposed
project shall be provided. This information shall be depicted on a map or, alternatively, in a
listing of those projects and their respective characteristics.
8. Future Traffic: An estimate of the effects of traditional increases in traffic resulting from
potential development shall be provided. Potential development is that which may be
developed maximally under the effective Future Land Use Element (FLUE) and the Collier
County Land Development Code. This estimate shall be for the projected development
areas within the projects RDI. A map or list of such lands with potential traffic impact
calculations shall be provided.
9. Throu2h Traffic: At a minimum, increases in through traffic shall be addressed through
the year 2015. The methodology used to derive the estimates shall be provided. It may be
desirable to include any additional documentation and backup data to support the
estimation as well.
10. PlannedIProposed Roadwav Improvements: All proposed or planned roadway
improvements located within the RDI should be identified. A description of the funding
commitments shall also be included.
II.Proiect Phasine: When a project phasing schedule is dependent upon proposed roadway
improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts
of a project are mitigated through a phasing schedule, such a phasing schedule may be
made a condition of any approval.
TIS FORM RYBfRJM ]0/]7/97
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APPLICATION FOR PUBLIC HEARING FOR PUD REZONE - ]O~8
AGENOAI~
No. k' ~
SEP 2 5 2001
P(.~--
PAGE 12 OF 16
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ST A TEMENT OF UTILITY PROVISIONS FOR PUD REZONE REOUEST
1. NAME OF APPLICANT: Kenco Development, Inc.
2. MAILING ADDRESS: 8610 Pebblebrooke Drive
STATE FL
ZIP 34119
CITY Naples
3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): County Road 951, South
of the existing Oak Ridge middle school.
4. LEGAL DESCRIPTION:
Section:27 & 34
Township:48S
Range: 26E
Lot: Block: Subdivision:Indigo Lakes
Section 27 - #00 194360009
Plat Book13 Page #:61 Property I.D.#:Section 34 - #00203320008
t Metes & Bounds Description:
5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system):
a. COUNTY UTILITY SYSTEM X
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PACKAGE TREATMENT PLANT
(GPD capacity)
e. SEPTIC SYSTEM
6. TYPE OF WATER SERVICE TO BE PROVIDED:
a. COUNTY UTILITY SYSTEM X
b. CITY UTILITY SYSTEM
c. FRANCHISED UTILITY SYSTEM
PROVIDE NAME
d. PRIVATE SYSTEM (WELL)
APPUCA TlON FOR PUBLIC HEARING FOR PIm REZONE - tO~8
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7. TOTAL POPULATION TO BE SERVED:
PAGE 13 OF 16
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B. PEAK AND A VERAGE DAILY DEMANDS:
A. WATER-PEAK AVERAGE DAILY
B. SEWER-PEAK AVERAGE DAILY
9. IF PROPOSING TO BE CONNECTED TO COLLIER COUNTY REGIONAL
WATER SYSTEM, PLEASE PROVIDE THE DATE SERVICE IS EXPECTED TO BE
REQUIRED:
10. NARRATIVE STATEMENT: Provide a brief and concise narrative statement and schematic
drawing of sewage treatment process to be used as well as a specific statement regarding the
method of affluent and sludge disposal. If percolation ponds are to be used, then percolation data
and soil involved shall be provided from tests prepared and certified by a professional engineer.
11. COLLIER COUNTY UTILITY DEDICATION STATEMENT: If the project is located
within the services boundaries of Collier County's utility service system, written notarized
statement shall be provided agreeing todedicate to Collier County Utilities the water distribution
and sewage collection facilities within the project area upon completion of the construction of
these facilities in accordance with all applicable County ordinances in effect at the at time. This
statement shall also include an agreement that the applicable system development charges and
connection fees will be paid to the County Utilities Division prior to the issuance of building
permits by the County. If applicable, the statement shall contain shall contain an agreement to
dedicate the appropriate utility easements for serving the water and sewer systems.
12. STATEMENT OF AVAILABILITY CAPACITY FROM OTHER PROVIDERS: Unless
waived or otherwise provided for at the pre-application meeting, if the project is to receive sewer
or potable water services from any provider other than the County, a statement from that provider
indicating that there is adequate capacity to serve the project shall be provided.
Utility Provision Statement RIM 10117/97
AGENDA I~
No. ! __
SEP 2 5 200'1
Pl.~
APPLICATION FOR PUBLIC HEARING FOR P(JD REZONE -10~8
PAGE 14 OF 16
i
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It
PUD REZONE APPLICATION
SUBMITTAL CHECKLIST
THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION
PACKET!
~
REQUIREMENTS #OF NOT
COPIES REQUIRED REQUIRED
1. Completed Application 15 X
2. Copy of Deed(s) and list identifying Owner(s) and all 1 X
Partners if a Corporation
3. Completed Owner/Agent Affidavit, Notarized 1 X
4. Pre-application noteslminutes 15 X
5. Conceptual Site Plans 15 X
-
6. Environmental Impact Statement - (EIS) 4 X
7. Aerial Photograph - (with habitat areas identified) 4 -X
8. Completed Utility Provisions Statement (with required 4 x:
attachments and sketches)
9. Traffic Impact Statement - (TIS) 4 X
10. Historical & Archaeological Surveyor Waiver 4 /
Application
11. Copies of State and/or Federal Permits 4 .X:
12. Architectural Rendering of Proposed Structure(s) 4 X
13. Application Fee, Check shall be made payable to - X
Collier County Board of Commissioners
14. Other Requirements- 4
~~1rJ,;1~~;.~1m:: EnM. ~~ X
I 'f.
As the authorized agent/applicant for this petition, I attest that all of the information indicated on this checklist is
included in this submittal package. I understand that failure to include all necessary submittal information may result in
the delay of processing this petition.
-
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Agent! Applicant Signature ef, 0/
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AGENDA ITEM ~
Mo._ S ~." \
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Date \
Pi. 35 \
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PAGE 5 OF 16
\..
APPLICA nON FOR PUBLIC HEARING FOR PUD REZONE. 10198
.'
MEETING NOTES
COLLIER COUNTY
.... DEVELOPMENT SERVICES DEPAR~
TIME \ ~ ~O E:M NOTES BY '0
(t-..l(J\(,\ (") ~~~ 4 "".~MOM:~UI
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ATElO-~5 .0
OPIC OF MEETING
,TTENDANCE (print name clearly)
=tAle\' /2;,;44 ~"'~ rkrrtl~^
:sJ.h c h'(~(l ~cM.1.1 ~ ~ -
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~y POINTS/UNDERSTANDINGS/CONCLUSIONS
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No. fl, I
,
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Item V.
ENVIRONMENT AL ADVISORY COUNCIL
STAFF REPORT
MEETING OF AUGUST 7. 2001
I. NAME OF PETITIONERlPROJECT:
Petition Name:
A pplicantJDeveloper:
Engineering Consultant:
Environmental Consultant:
Planned Unit Development
No. PUDZ-200I-AR-432
Indigo Lakes PUD
Kenco Development, Inc.
Banks Engineering, Inc.
Passarella and Associates, Inc.
Petition No.:
II. LOCATION:
The subject property is located on the west side of Collier Boulevard,
approximately 0.6 of a mile south of Immokalee Road in Sections 27 & 34,
Township 48 South, Range 26 East, Collier County, Florida.
III. DESCRIPTION OF SURROUNDING PROPERTIES:
Surrounding properties include both developed and undeveloped parcels.
Properties to the north and west are either developed or under construction, while
those to the south are undeveloped.
ZONING
DESCRIPTION
N-
PUD (Ibis Cove)
PUD (Laurel wood)
A (Oakridge Middle School)
Under Construction
Under Construction
Developed
S-
A
Undeveloped
E-
R.O.W.
Collier Boulevard
w-
PUD (Ibis Cove)
PUD (Heritage Greens)
PUD (Islandwalk)
Under Construction
Partially Developed
Developed
AGENDA IT~
No. ! C
SEP 2 5 2001
PlI. 31
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IV.
PROJECT DESCRIPTION:
EAC Meeting
Page 2 of9
The approved Indigo Lakes POD presently allows a mixture of single family and
multiple family residential development. The maximum permitted number of
dwelling units is 442, which computes to a gross density of 3.14 dwelling units
per acre. The replacement PUD adds forty acres of land to the south side of the
existing project and to reduces the density from 3.14 to 2.43 Odwelling units per
acre. This petition does not propose to add additional dwelling units above the
442 which were approved at the original adoption of the project. There will be no
decrease in the size of the previously approved preserve areas. There will be no
change in the location and numbers of access points originally approved under the
original POD.
v. GROWTH MANAGEMENT PLAN CONSISTENCY:
Future Land Use Element:
The site is located in the Urban Mixed Use Residential Land Use classification as
designated area on the County's Future Land Use Map. Urban Residential Mixed
Use is inclusive of a variety of residential land uses including single family, multi-
family, duplex, mobile home and mixed use (Planned Unit Development). The
subject petition is for a mixed use residential PUD, for single family and
multifamily land uses, which are authorized uses of land in the urban residentially
designated area of the Future Land Use Element (FLUE), therefore, it is consistent
with the FLUE.
The projected density of 2.43 dwelling units per acre and is consistent with the
density rating system contained in the FLUE.
Conservation & Coastal Manaeement Element:
Objective 2.2. of the Conservation and Coastal Management Element of the
Growth Management Plan states "All canals, rivers, and flow ways discharging
into estuaries shall meet all applicable federal, state, or local water quality
standards.
To accomplish that, policy 2.2.2 states "In order to limit the specific and
cumulative impacts of stormwater runoff, stormwater systems should be designed
in such a way that discharged water does not degrade receiving waters and an
attempt is made to enhance the timing, quantity, and quality of fresh water
(discharge) to the estuarine system,
This project is consistent with the objectives of policy 2.2.2 in that it ttem~~A ITEM --.
mimic or enhance the quality and quantity of water leaving the site y u~zing ~-e
SEP 2 5 2001
Pg. 3 ~ I
.1
EAC Meeting
Page 3 of9
lakes and interconnected wetlands to provide water quality retention and peak
flow attenuation during storm events.
With regards to native vegetation preservation and wetland issues, the following
Objectives and Policies apply:
Objective 6.2 states, "There shall be no unacceptable net loss of viable naturally
functioning marine and fresh water wetlands, excluding transitional zone wetlands
which are addressed in Objective 6.3".
Policy 6.2.10 states, "Any development activity within a viable naturally
functioning fresh-water wetland not part of a contiguous flow way shall be
mitigated in accordance with current SFWMD mitigation rules. Mitigation may
also include restoration of previously disturbed wetlands or acquisition for public
preservation of similar habitat". '
Policy 6.2.13 states, "Proposed development on parcels contammg viable
naturally functioning freshwater wetlands shall cluster development to maintain
the largest contiguous wetland area practicable and shall be designed to disturb
the least amount of native wetland vegetation practicable and to preserve the pre-
development hydroperiod".
Objective 6.3 states, "A portion of the viable, naturally functioning transitional
zone wetlands shall be preserved in any new non-agricultural development unless
otherwise mitigated through the DEP and the COE permitting process and
approved by the County".
Objective 6.4 states, "A portion of each viable, naturally functioning non-wetland
native habitat shall be preserved or retained as appropriate".
Policy 6.4.6 states, "All new residential developments greater than 2.5 acres in the
Coastal Area and greater than 20 acres in the Coastal Urban Area shall retain 25%
of the viable naturally functioning native vegetation on site, including both the
understory and the ground cover emphasizing the largest contiguous area possible.
When several different native plant communities exist on site, the development
plans will reasonably attempt to preserve examples of all of them if possible.
Areas of landscaping and open space which are planted with native plant species
shall be included in the 25% requirement considering both understory and
groundcover. Where a project has included open space, recreational amenities, or
preserved wetlands that meet or exceed the minimum open space criteria of
Collier County, this policy shall not be construed to require a larger percenta~.9f
open space set aside to meet the 25% native vegetation policy. Thi poli~IITEM c ,~
not be interpreted to allow development in wetlands, should the w tlanif9.Jilime.--L-C
constitute more than 25% of the site. Exceptions shall be granted fo par~e~ that ?OO' ~
SE, L j - '
Pi. 39
EAC Meeting
Page 4 of9
cannot reasonably accommodate both the native vegetation and the proposed
activity".
This petition is consistent with staff's policy, as directed by the Board of County
Commissioners, to allow for impacts to jurisdictional wetlands when State and
Federal agency permits are issued. The petition is consistent with Objective 6.4 in
that it provides for 25% on-site native vegetation preservation pursuant to Policy
6.4.6.
VI. MAJOR ISSUES:
Water Manaeement:
Indigo Lakes is within the Harvey Basin, and has an allowable discharge rate of
0.055 cfs/acre. The project water management consists of a series of
interconnected lakes to provide for water quality retention and peak flow
attenuation. Discharge is to the southwest through ditches and into the Islandwalk
P.D.D.
Environmental:
Site Description:
The purpose of the PUD amendment is to add two parcels, each approximately 20
acres in size, to the existing PUD. Native plant associations on the two parcels
include pine flatwoods, pine/cypress and shrub wetland. Also on site are
approximately 8.96 acres of fallow farmland. Much of the site is heavily invaded
with Melaleuca.
SEP 2 5 2001
- ~
AGel>A ITEM -'1-
Ho. f~_
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pg.1-0
EAC Meeting
Page 5 of9
FLUCFCS Code 6249
Pine/Cypress, Wetland
According to the Collier County Soils Map prepared by the Natural Resources
Conservation Service (NRCS), the following three soil types are found on the
property: Holopaw fine sand, limestone substratum (Unit 2); Basinger fine sand
(Unit 17); and Holopaw fine sand (Unit 27). All soil types on the subject property
are listed as hydric by the NRCS.
Wetlands:
Approximately 25.11 acres of South Florida Water Management District
(SFWMD)/Collier County jurisdictional wetlands have been identified on the
parcels to be added to the PUD. Jurisdictional wetlands consist of pine/cypress
(23.58 acres). shrub wetland (1.38 acres) and disturbed land (0.15 acres).
A total of 17.81 acres of impacts to sFWMD/Collier County jurisdictional
wetlands are proposed with the PUD amendment. Compensation for wetland
impacts will include off-site purchase of 1.46 credits from Panther Island
Mitigation Bank or Big Cypress Mitigation Bank, depending on credit availability.
In addition the petitioner is proposing to create 0.09 acre of wetland and enhance
0.93 acre of upland on-site within the parcels to be added to the PUD.
Enhancement will include removal of exotic vegetation and supplemental planting
with native species.
~(~--
SEP 2 5 2001
Pi.AI
EAC Meeting
Page 7 of9
VII. RECOMMENDA TIONS:
Staff recommends approval of Planned Unit Development No. PUDZ-200I-AR-
432 "Indigo Lakes PUD" with the following stipulations:
Water Manaeement:
A modification of the SFWMD Surface Water Management Permit will be
required.
Environmental:
No additional stipulations.
:;e
SEP 2 5 2007
PI...1'~
EAC Meeting
...--
Page 8 of9
PREPARED BY:
/'; /" .....-, ",/
(('l)) //
J~ f!f;t~~)
STAN CHRZANOW , P.E.
SENIOR ENGINEER
se~ER
ENVIRONMENTAL SPECIALIST n
.4ALLHI~
./SUSAN MORRAY, AICP
CURRENT pLANNING MANAGER
REVIEWED BY:
~9iU
THOMAS E. KUCK, P.E.
INTERIM PLANNING SERVICES DIRECfOR
I ) ,nlL(' ~ -L
DATE
7/11/2-a7/
DATE
7 II ~/O /
DATE . .
Dtt./Z;t21
~"'ITEM
No. ft
SEP 2 5 2001
PC..!J.:.3
EAC Meeting
Page 90f9
APPROVED BY:
~01'4
JO . DUNNUCK, ill
INTE COMMUNITY
ADMINISTRATOR
~ 7/'~,
DATE
DEVELOPMENT & ENVIRONMENTAL SERVICES
ENVIRONMENTAL ADVISORY COUNCn..
THOMAS W. SANSBURY, CHAIRMAN
SUgdh/c: StaffReport
AGENDA I~
No. P C
SEP 2 5 2001
Pc. 4-+
I
lurray S
Karen Johnson [kjohnSon@sfwmd.govl
Tuesday, August 21, 2001 11 :40 AM
murray_s
Re: Indigo Lakes
.crom:
went:
To:
Subject:
We are currently reviewing this application and are specifically
addressing the
mitigation as well as cumulative impacts. My original email to Barbara
is below.
We are looking at two main issues on the site. First, we realize the
water table
in this basin has undergone serious alterations over the years, and we
are still
trying to insure that any wetlands remaining after the development will
truly be
functional. WE don't want to preserve a small wetlands area which won't
ever get
any water. I have advised Indigo Lakes that if that is their assertion,
then
they must provide us with more data to support that argument.
Second issue is cumulative impacts and whether the extent of wetland
impacts
proposed by this project will
follow
suit and mitigate outside the basin. We have advised them to concentrate
on the
area within the Harvey Basin which surrounds the project site. While
_hey have
~aken a stab at a cumulative impact argument, it was not sufficient.
Regarding a
study; WilsonMiller was commissioned by the Mitigation bankers to do a
cumulative impact study for the Estero Bay basin. We have a copy of that
study
which identifies "at risk" wetlands in that basin and provides us with
some
information regarding potential impacts to these wetlands throughout
that basin
(i.e. an actual acreage figure and overall percentage in the basin).
Since that
study yielded such good information, WilsonMiller went ahead and
performed a
similar sudy for the West Collier basin. I have reviewed a draft of that
study.
They are making some monir revisions to the study at our request. I did
direct
the Indigo Lakes consultants to coordinate with WilsonMiller and utilize
some of
the information from that study. We are anticipating a resubmittal
shortly. I
would say that although the wetland impacts look exorbinant on paper,
depending
on the new information - we will have to make a determination whether
these
wetlands have any
hydrologic
conditions.
would
_ust result in more "tree museums", then we will more than likely
approve
offsite mitigation. Hope this makes it clear as mud for you. Good lu
cause adverse cumulative impcts if others
._,
~A~
I f we determine that they can I t and that onsi te mi tigat' n No. g ./.
chance of survival in this area due to altered
SEP 2 5 200\
k. p&.~5
1
Indigo Lakes Sent another request for informaiton. Working out
control
elevations, minimization and cumulative impact issue. Nothing major.
e
murray_s wrote:
> Good Morning Karen,
> At the August 7th meeting of the EAC a project of mine, Indigo Lakes
was
> presented and was denied because of a rumor about some type of study
being
> conducted in that area in conjunction with the Harvey Basin. I wasn't
at
> the meeting, but it is my understanding that someone brought up some
> discussion about a potential study that was being conducted by
WilsonMiller.
> The study is supposedly within that area and is related to the Harvey
Basin
>. No County staff is aware of any study in that area. Are you all
> conducting a study of that area? The Indigo Lakes project (already
approved
> they are adding 40 acres) is south of the existing Oak Ridge Middle
school
> of of CR 91. If so I would like to be able to convey the details to
the
> Planning Commission on September 7th. Please advise.
> Thanks,
> Susan Murray, AICP
> Current Planning Manager
.
~~
SEP 2 5 2001
pt,.:t (;
I
e
2
ORDINANCE NO. 01-
AN ORDINANCE AMENDING ORDINANCE NUMBER 91-102 TIlE
COLLIER COUNTY LAND DEVELOPMENT CODE WIDCH INCLUDES
THE COMPREHENSIVE ZONING REGULATIONS FOR TIlE
UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA BY
AMENDING THE OFFICIAL ZONING ATLAS MAP NUMBER 8627S; BY
CHANGING THE ZONING CLASSIFICATION OF THE HEREIN
DESCRIBED REAL PROPERTY FROM W A" RURAL AGRICUL 11JRAL AND
"PUD" PLANNED UNIT DEVELOPMENT TO "PUD" PLANNED UNIT
DEVELOPMENT KNOWN AS INDIGO LAKES PUD HAVING THE EFFECf
OF AMENDING THE PUD DOCUMENT FOR THE PURPOSES OF
INCREASING THE PROreCf ACREAGE FROM 140.85+/- ACRES TO
181.37+/- ACRES nrus CHANGING THE DENSITY FROM 3.14 UNITS
PER ACRE TO 2.43 UNITS PER ACRE, AND LOCATED ON COLLIER
BOULEVARD (C.R, 951) SOUTH OF TIlE EXISTING OAK RIDGE
MIDDLE SCHOOL IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 26
EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 181.37 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE NUMBER 99-71,THE
FORMER INDIGO LAKES PUD; AND BY PROVIDING AN EFFECTIVE
DATE,
WHEREAS. Karen Bishop of PMS, loc. of Naples, representing Kenco Development, loc" petitioned the
Board of County Commissioners to change the zoning classification of the herein described real property,
NOW, TIlEREFORE BE IT ORDAINED by the Board of County Commissioners of Collier County,
Florida. that:
SECTION ONE:
Tbe zoning classification of the herein described real property located in Section 27, Township 48 South,
Range 26 East, Collier County, Florida, is changed from "A "and "PUD to "PUD" Planned Unit Development in
accordance with the Indigo Lakes PUD Document, attached hereto as Exhibit "A" and incorporated by reference
herein. Tbe Official Zoning Atlas Map numbered 8627S, as described in Ordinance Number 91-102, the Collier
County Land Development Code, is hereby amended accordingly,
SECTION TWO:
Ordinance Number 99-71 known as the Indigo Lakes PUD, adopted on October 26,1999, by the Board of County
Commissioners of Collier County, is hereby repealed in its entirety,
SECTION THREE:
This Ordinance shall become effective upon filing with the Department of State.
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
A TrEST:
BY:
JAMES D, CARTER, Ph.D., CHAIRMAN
DWIGHT E. BROCK. CLERK
Approved as to Form
and Legal Sufficiency
~
~nla." ~ "7fJJ
MarjOri~ Student
Assistant County Attorney
SMlcwflndigo Lakes PUDIPUDZ-200\.AR-432
~na-
SEP 2 5 2001
P&.~t
INDIGO LAKES
A
PLANNED UNIT DEVELOPMENT
REGULATIONS AND SUPPORTING MASTER PLAN
GOVERNING A PLANNED
UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF
THE COLLIER COUNTY LAND DEVELOPMENT CODE
Prepared For:
Kenco Development, Inc.
8610 Pebblebrooke Drive
Naples, FL 34119
Prepared By:
PMS, Ine, of Naples
2335 Tamiamj Trail, Suite 408
Naples, Flonda 34 I 03
941 I 435-9080
DA TE APPROVED BY BCC
ORDINANCE NUMBER
AMENDMENTS AND REPEAL
DOCUMENT DATE 09.05.01
Exhibit "A"
-~T~---I
No. k _,
SEP 2 5 2001
PI..::dQ.j. 2"
T ABLE OF CONTENTS
PAGE THRU PAGE
T ABLE OF CONTENTS
11
STATEMENT OF COMPLIANCE
111
SECTION
I
PROPERTY OWNERSHIP & DESCRIPTION
1-1
1- 2
II
PROJECT DEVELOPMENT REQUIREMENTS 2-1
2- 7
III
LOW TO MEDIUM DENSITY
RESIDENTIAL AREAS PLAN
3-1
3- 4
IV
DEVELOPMENT COMMITMENTS
4-1
4- 4
LIST OF EXHIBITS AND TABLES
1. EXHIBIT "A" - PUD MASTER PLAN
2.
TABLE I _ INDIGO LAKES ESTIMATED LAND USE SUMMARY
2-2
3.
T ABLE II _ SUMMARY OF DEVELOPMENT STANDARDS FOR
ALL RESIDENTIAL
3-4
11
.- --------.- -
~GENDI\ ITlJol
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SEP 2 5 200\
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STATEMENT OF COMPLIANCE
The development of approximately 181.37 acres of property in Collier County, as a Planned
Unit Development to be known as Indigo Lakes will be in compliance with the goals, objectives
and policies of Collier County as set forth in the Comprehensive Plan. The residential facilities
of Indigo Lakes will be consistent with applicable comprehensive planning objectives of each of
the elements of the Comprehensive Plan for the following reasons:
I. 'The project development is compatible and complementary to eXIstmg and future
surrounding land uses as required in Policy 5.4 of the Future Land Use Element.
2. The project development will result in an efficient and economical extension of
community facilities and services as required in Policies 3.1.H and L of the Future Land
Use Element.
3. The project will be served by a complete range of services and utilities as approved by the
County.
4. The project is compatible with adjacent land uses through the internal arrangement of
structures, the placement of land use buffers, and the proposed development standards
contained herein.
5. All final local development orders for this project are subject to the Collier County
Adequate Public Facilities Ordinance.
6. The subject property is within the Urban Residential Land Use Designation as identified
on the Future Land Use Map as required in Objective I, Policy 5.1 and Policy 5.3 of the
Future Land Use Element (FLUE) and therefore is eligible for the base density as
provided by the FLUE Density Rating System. The proposed density for the project is
2.43 units per acre which is less than the maximum density provided by the FLUE
Density Rating System contained in the FLUE and therefore is consistent with the Future
Land Use Element Policy 5.1.
Base density for the project is four (4) dwelling units per acre. A portion of the parcel, 47
acres is within the one mile radius density band of the Irnmokalee/CR 951 Activity Center
and therefore is eligible for an additional (3) units per acre. The project's eligible density
therefore is 47 acres at 7 d.u./acre yielding 329 units and 134.38 acres at 4 d.u.lacre
)~elding 537 units; the sum project potential is 866 units or 4.77 d. u./acre.
In summary, the subject property has an area of 181.37 acres and is proposed to be
developed with maximum of 442 units. The project site will have a density of 2.43 units
per acre. This density is deemed consistent with the density provided for by the County's
Growth Management Plan.
1ll
~GtNbAlTEM
8" ~
No.
SEP 2 5 2001
Pl. m- S;(J
SECTION I
PROPERTY OWNERSHIP AND DESCRIPTION
1.1 PURPOSE
The purpose of this Section is to set forth the location and ownership of the property, and
to describe the existing conditions of the property proposed to be developed under the
project name of Indigo Lakes.
1.2 LEGAL Df:,SCRIPTION
The subject property being:
A TRACT OR PARCEL OF LAND SITUATED IN THE STATE OF FLORIDA,
COUNTY OF COLLIER, LYING IN SECTIONS 27 AND 34, TOWNSHIP 48 SOUTH,
RANGE 26 EAST, AND BEING FURTHER DESCRIBED AS FOLLOWS:
INDIGO LAKES - UNIT ONE, A SUBDIVISION RECORDED IN PLAT BOOK 34 AT
PAGES 76 THROUGH 84 OF THE PUBLIC RECORDS OF COLLIER COUNTY,
FLORIDA, AND: (HOLLAND PARCEL) THE SOUTH HALF OF THE SOUTHEAST
QUARTER OF THE SOUTHWEST QUARTER OF SECTION 27, TOWNSHIP 48
SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA,
AND: (FORD PARCEL)
THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 34, TOWNSHIP 48 SOUTH, RANGE 26 EAST, COLLIER
COUNTY, FLORIDA.
INDIGO LAKES CONTAINS 141.13 ACRES, MORE OR LESS.
HOLLAND PARCEL CONTAINS 20.27 ACRES, MORE OR LESS.
FORD PARCEL CONTAINS 20.26 ACRES, MORE OR LESS.
SUBJECT TO EASEMENTS, RESTRICTIONS, RESERVATIONS AND
RIGHTS-OF- WAY OF RECORD.
1.3 PROPERTY OWNERSHIP
The subject property is under unified control through contracts for purchase agreements.
The purchaser is Kenco Development, Inc., hereafter called "applicant or developer".
1.4 GENERAL DESCRIPTION OF PROPERTY AREA
A. The project site is located within Sections 27 and 34, Township 48 S, Range 26 E,
Collier County. The parcel of approximately 182 acres is located adjacent to and
west of CR 951 and approximately 0.6 ofa mile south of Immokalee Road. The
site is also adjacent to and directly south of Oak Ridge Middle School.
B. The zoning classification of the subject property prior to the date of this approved
PUD Document was PUD and AJ Agriculture.
1-1
" ~GENOriTf.M ------
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No. f ~
SEP 2 5 2001
Pa.::tl? S \
1.5 PHYSICAL DESCRIPTION
The subject property is relatively level with elevations from 12.7 NGVD to 13.9 NGVD.
The majority of the property is open agricultural land utilized for crop production and
pasture for grazing cattle. The project's existing vegetation is limited. The vegetated
areas occur near the entrance to the project, just west of Collier Boulevard, and within
Parcels A and B that have been added to the project's south end. The existing vegetation,
within Parcels A and B, typically consist of historic pine and cypress forested areas that
have been heavily invaded with melaleuca.
The site has the folloping designation relative to flood -FEMA Flood Area Zone X, Firm
Map Panel 215 of 1125 Community Panel No. 120067 0215 D; Map Revised June 3,
1986.
1.6 PROJECT DESCRIPTION
Indigo Lakes is a planned development consisting of a mixture of single family and multi-
family units. Access to the subject parcel will be from the parcel's frontage on CR 951.
1.7 SHORT TITLE
This Ordinance shall be known and cited as the "Indigo Lakes Planned Unit Development
Ordinance. "
1-2
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~GENoAITEM_
No. F ~
SEP 2 5 2001
PI. .J..H-
SECTION II
PROJECT DEVELOPMENT REQUIREMENTS
2.1 PURPOSE
The purpose of this Section is to delineate and generally describe the project's plan of
development, relationships to applicable County ordinances, the respective land uses of
the tracts included in the project, as well as other project relationships.
2.2 GENERAL
A. Regulations for development of Indigo Lakes shall be in accordance with the
contents of this document, PUD-Planned Unit Development District and other
applicable sections and parts of the Collier County Land Development Code and
Comprehensive Plan in effect at the time of issuance of any development order to
which said regulations relate which authorizes the construction of improvements
such as Final Subdivision Plat, Final Site Development Plan, Excavation Permit
and Preliminary Work Authorization. Where the regulations of this PUD
Document fail to provide developmental standards, then the provisions of the
most similar district in the County Land Development Code shall apply.
B. Unless othenvise noted, the definitions of all terms shall be the same as the
definitions set forth in Collier County Land Development Code in effect at the
time of building permit application.
C. All conditions imposed and all graphic material presented depicting restrictions
for the development of Indigo Lakes shall become part of the regulations which
govern the manner in which the PUD site may be developed.
D. Unless modified, waived or excepted by this PUD document or associated
exhibits, the provisions of other sections of the Land Development Codes, where
applicable, remain in full force and effect with respect to the development of the
land which comprises this PUD.
E. Development permitted by the approval of this petItIon will be subject to a
concurrency review under the provisions of Division 3.15, Adequate Public
Facilities of the Land Development Code at the earliest or next to occur of either
final SOP approval, final plat approval, or building permit issuance applicable to
this development.
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2.3 DESCRIPTION OF PROJECT PLAN AND PROPOSED LAND USES
A. The project Master Plan, including and use of land for the acreage noted, IS
illustrated graphically by Exhibit "A", Pun Master Plan.
INDIGO LAKES
LAND USE SUMMARY
TABLE I
MAXIMUM LAND USE INTENSITY SUMMARY
USE
MAX. D.U.'s
ACRES
Residential
442
181.37 +/- (gross)
Open Space @ 60% N/ A
(Lakes, Preserves, Landscape Buffers, Open Areas & Recreational Areas)
108.82 +/-
This acreage includes open space or recreational areas that may be located within
residential acreage.
Table I is a schedule of the intended land uses, with approximate acreage of the
total project indicated. The arrangement of these land areas is shown on the
Master Plan (Exhibit "A"). The Master Development Plan is an illustrative
preliminary development plan. Design criteria and layout that is illustrated on the
Master Development Plan and other exhibits supporting this project shall be
understood to be flexible so that final design may satisfy development objectives
and be consistent with the project's development, as set forth in this document.
B. Modification to all boundaries may be permitted at the time of Preliminary
Subdivision Plat or Site Development Plan approval, subject to the provisions of
the Collier County Land Development Code or as otherwise permitted by this
Pun document.
C. In addition to the various areas and specific items shown in Exhibit "A", such
easements as necessary (utility, private, semi-public, etc.) shall be established
within or along the various tracts or acreage as may be necessary.
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No. ~ e:
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2.4 DESCRIPTION OF PROJECT DENSITY OR INTENSITY OF LAND USE
The project shall be developed at a maximum density of 2.43 dwelling units per acre.
2.5 RELATED PROJECT PLAN APPROVAL REQUIREMENTS
A. Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of
the pun, final plans of all required improvements shall receive approval of the
appropriate Collier County governmental agency to insure compliance with the
pun Master Plan, and as applicable, the Collier County Subdivision Code and the
platting laws of the State of Florida.
B. Exhibit "A", pun Master Plan, constitutes the required pun Development Plan.
Subsequent to or concurrent with pun approval, a Preliminary Subdivision Plat,
if applicable, shall be submitted for the entire area covered by the Pun Master
Plan. Any division of property and the development of the land shall be in
compliance with Division 3.2 of the Collier County Land Development Code, and
the platting laws of the State of Florida.
C. The provisions of Division 3.3 of the Collier County Land Development Code,
when applicable, shall apply to the development of all platted tracts, or parcels of
land as provided in said Division prior to the issuance of a building permit or
other development order.
D. Appropriate instruments will be provided at the time of infrastructure
improvements regarding any dedications and method for providing perpetual
maintenance of common facilities.
E. Except as provided herein, the design and construction of all improvements shall
be subject to compliance with the appropriate provisions of the Collier County
Land Development Code, Division 3.2.
F. The development of any tract or parcel approved for residential development
contemplating fee simple ownership of land for each dwelling unit shall be
required to submit and receive approval of a Preliminary Subdivision Plat in
conformance with the requirements of Division 3.2 of the Collier County Land
Development Code prior to the submittal of construction plans and a final plat for
any portion of the tract or parcel.
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2.6 MODEL HOMES AND SALES FACILITIES
Model homes, model home centers including a sales center(s) shall be permitted in
conjunction with the promotion of the residential development of said tract subject to the
following:
A. Models may be constructed prior to recording of a plat.
B. Models may be permitted as "dry models" and must obtain a conditional
certificate of occupancy for model purposes only. Models may not be occupied
until a permanent certificate of occupancy is issued.
C. Models may not be utilized as "sales offices" without approval by and through the
Site Development Plan process. The SDP process shall not be required for single
family dry models pursuant to this section.
D. Prior to the recording of any plats, metes and bounds legal descriptions shall be
provided to and accepted by Collier County as sufficient for building permit
issuance. Said metes and bounds legal descriptions must meet proposed plat
configurations and all models constructed pursuant hereto shall conform to
applicable minimum square footage, setbacks and the like as set forth herein. If
platting is required, corrective deeds shall be recorded once the plat is recorded.
E. Temporary access and utility easements may be provided in lieu of dedicated
rights-of-way for temporary service to model homes.
2.7 LANDSCAPE BUFFERS, BERMS, FENCES AND WALLS
Landscape buffers, berms, fences and walls are generally permitted as a principal use
throughout Indigo Lakes.
A. The hedge requirement for a perimeter buffer along the Heritage Greens Golf Course
may be waived by the Development Services Director subject to an approved landscape
plan. The landscape plan shall depict landscape enhancements to the existing drainage
canal along Indigo Lakes' western frontage. The hedge requirement for the perimeter
buffer along the existing lake located at the Oak Ridge Middle School to the north and
east may be relocated onto the Oak Ridge Middle School property as approved by the
Collier County Public Schools. The relocated buffering shall create a buffer along the
east side of the existing lake.
2.8 DEVELOPMENT SCHEDULE
The applicant estimates completion of improvements to the property should occur by
January 2004.
2.9 AMENDMENTS TO Pun DOCUMENT OR Pun MASTER PLAN
Amendments may be made to the Pun as provided in the Collier Count ~No.'GENO~T~ -
Development Code, Section 2.7.3.5. " ~
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SEP 2 5 2001
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PI.~
2.10
2.11
2.12
ASSOCIATION OF PROPERTY OWNERS FOR COMMON AREA MAINTENANCE
Whenever the developer elects to create land area and/or recreation amenities whose
ownership and maintenance responsibility is a common interest of all of the subsequent
purchasers of property within said development in which the common interest is located,
that developer entity shall provide appropriate legal instruments for the establishment of a
Property Owners' Association or another appropriate entity whose function shall
include provisions for the perpetual care and maintenance of all common facilities and
open space subject further to the provisions of the Collier County Land Development
Code, Section 2.2.20.3.8.
OPEN SPACE REOUIREMENTS
A combination of the lakes, landscape buffers and open space shall meet the 60 percent
open space requirement for development as set forth in Section 2.6.32.2 of the Land
Development Code. Open space shall include all pervious green space within
development parcels and lots.
AGRICULTURAL ACTNITIES
The site has previously been and is currently utilized for agricultural purposes.
Agricultural activities, as defined in the Land Development Code, shall continue to be a
permitted use throughout the project until such time as residential development has
commenced.
2.13
EASEMENTS FOR UTILITIES
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities in compliance with applicable
regulations in effect at the time of development approvals.
2.14
COMMON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, open spaces
and water management facilities shall be the responsibility of the Developer, their
successor or assIgn.
2.15
HISTORICAL! ARCHAEOLOGICAL IMP ACT
Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of
site clearing, excavation or other construction activity, a historic or archaeological artifact
is found, all development within the minimum area necessary to protect the discovery
shall be immediately stopped and the Collier County Code Enforcement Department
contacted.
2.16
GENERAL PERMITTED USES
Certain uses shall be considered general permitted uses throughout the Indigo Lakes
pun. General permitted uses are those uses which generally serve the Developer and
residents of Indigo Lakes PUD and are typically part of the common infrastructure or are
considered community facilities.
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A. General Permitted Uses:
1. Essential services as set forth under Collier County Land Development
Code, Section 2.6.9.1.
2. Water management facilities and related structures.
3. Lakes including lakes with bulkheads or other architectural or structural
bank treatments.
4. Guardhouses, gatehouses, and access control structures.
5. Community and recreational facilities, community centers.
6. Temporary construction, sales, and administrative offices for the
Developer and Developer's authorized contractors and consultants,
including necessary access ways, parking areas and related uses, subject to
the requirements set forth in the Collier County Land Development Code.
7. Landscape features including but not limited to landscape buffers, berms,
fences and architecturally designed walls.
8. Fill storage subject to the standards set forth in the Collier County Land
Development Code.
9. Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
B. Development Standards:
Unless otherwise set forth in this document the following development standards
shall apply to structures:
1. Setback from back of curb or edge of pavement of any road - eighteen feet
(18') except for guard houses, gatehouses, and access control structures
which shall have no required setback.
2. Sidewalks and bikepaths may occur within required buffers, however the
width of the required buffer shall be increased proportionately to the width
of the paved surface of the sidewalk or bikepath.
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2.17 LAKE SETBACKS AND EXCAVATIONS
The required setback to external property lines shall be thirty (30') feet if fenced. The
required setback to any property line, tract line or structure internal to the development or
to any structure shall be zero (0') feet. Lakes may be excavated as development
excavations to a maximum depth of twenty (20') feet.
2.18 FILL STORAGE
Fill storage is generally permitted as a principal use throughout the project. Fill material
generated may be temporarily stockpiled within areas designated for residential
development. The following standards shall apply:
A. Stockpile maximum slope: 3 to 1 (horizontal to vertical)
B. Stockpile maximum height: Thirty-five (35') feet
C. Fill storage areas shall be no closer than three hundred (300') feet from any developed
residential properties, except as may otherwise be approved by Collier County
Engineering Review Services pursuant to a submitted grading and filling plan.
D. Soil erosion control shall be provided in accordance with the Collier County Land
Development Code, Division 3.7.
In order to properly utilize the fill excavated from the proposed lakes, the site may be
filled prior to the issuance of building permits pursuant to Section 3.2.8.3.6.3 of the LDC.
2.19 SUBSTITUTIONS TO SUBDNISION REGULATIONS
The following design substitutions shall apply:
A. LDC Section 3.2.8.3.19: Street name signs shall be approved by the Development
Services Director but need not meet the U.S.D.O.T.F.H.W.A. Manual on Uniform
Traffic Control Devices. Internal street pavement painting and reflective edging
requirements shall be waived.
B. LDC Section 3.2.8.4.16.5: All internal streets shall be considered local streets and their
right-of-way widths shall be fifty (50') feet except as necessary to accommodate turning
lanes at the Project's main entrance.
C. LDC Section 3.2.8.4.16.6: The 1 ,OOO-foot length for cul-de-sac streets shall be waived.
The maximum length of a cul-de-sac street shall be 1,800 feet.
D. LDC Section 3.2.8.4.16.10: The requirement for tangents between reverse curves shall
be waived.
E. LDC Section 3.2.8.4.16.12.d: The requirement for asphaltic courses shall be waived to
allow the use of a surface course of paver brick or decorative concrete pavement.
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SEP 2 5 20~ \
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SECTION III
LOW TO MEDIUM DENSITY RESIDENTIAL AREAS PLAN
3.1 PURPOSE
The purpose of this Section is to identify specific development standards for the area
designated on Exhibit "A."
3.2 MAXIMUM DWELLING UNITS
There shall be a maximum of 442 residential units developed within the project's
residential tracts.
3.3 USES PERMITTED
Residential areas designated on the Master Plan are to accommodate a full range of
residential dwelling units, recreational facilities, essential services, customary accessory
uses, and compatible land uses. Multi-family uses shall not be mixed with single family
uses on the same platted tract. Principal uses shall not be developed between dissimilar
permitted use types, specifically, no multi-family type shall be located between single
family detached family structures.
At the continuous lot line between single family detached and multiple family housing
units or a dissimilar housing type, a landscape buffer (separately or on the tract of the
higher density unit) of at least twenty (20) feet shall be provided. This buffer shall
minimally meet the requirements of the Land Development Code's Type "B" landscape
buffer.
No building or structure, or part thereof, shall be erected, altered or used, or land used, in
whole or in part, for other than the following:
A. Principal Uses:
(5)
(6)
(7)
(8)
(1)
Single family detached, single family attached, cluster development and
multi-family development.
Duplex and two-family dwellings.
Townhouses and garden apartments/condominiums.
The clustering or grouping of housing structure types identified in this
document may be permitted on parcels of land under unified ownership, or
as may be otherwise provided in Section 2.6.27 ofthe Collier County Land
Development Code and subject to the provisions of Division 3.3 of the
Collier County Land Development Code.
Open space or preserve area.
Water management facilities and lakes.
Guard houses and entrance gates.
Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
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(2)
(3)
(4)
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SEP 2 5 2~d
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B. Accessory Uses:
(l) Uses and structures that are accessory and incidental to permitted uses,
including private garages.
(2) Recreational uses and facilities such as clubhouses, swimming pools,
tennis courts and children's playground areas and similar facilities that
serve as an integral part of a residential development. Such uses shall be
visually and functionally compatible with the adjacent residences which
have use of such facilities.
(3) Any other use which is comparable in nature with the foregoing uses and
which the Development Services Director determines to be compatible.
3.4 DEVELOPMENT STANDARDS (See Table II, for greater specificity)
A. GENERAL: All yards and setbacks shall be in relation to the individual parcel
boundaries, except as otherwise provided. Generally whenever the word
"setback" is used relative to a measurement between the buildings and a lot line
and/or perimeter boundary of a parcel of land upon which buildings are to be
constructed it shall have the following application:
FRONT YARD: Front yard setbacks shall be measured as follows:
1) If the parcel is served by a public or private right-of-way, setback is
measured from the adjacent right-of-way line.
2) If the parcel is served by a non-platted private drive, setback is measured
from the back of curb or edge of pavement.
3) If the parcel is served by a platted private drive, setback is measured from
the road easement or property line.
4) Principal buildings shall be set back a distance sufficient to provide for
two back to back parking spaces, one of which may be an enclosed space.
5) When principal buildings front upon a common parking area, which in
turn fronts upon a public or private right-of-way or nan-platted drive, a
minimum distance often (10) feet shall separate the principal building and
any related parking facility, and a green belt of ten (10) feet shall separate
said right-of-way, or other non-platted private drive fom the common
parking area. This shall not prohibit the attachment of enclosed parking
structures to the principal residential structure, however in such uses a
parking apron of at least fifteen (15) feet shall separate the enclosed
parking space from the edge of curb on a private right-of-way without
sidewalks or twenty (20) feet when a setback includes a sidewalk.
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B. MAXIMUM HEIGHT
In order to provide a form of a compatibility within the context of existing residential
development within Collier County, the maximum number of stories permitted shall be
three (3) habitable floors for a maximum height of 35 feet.
C. STREET TREE REOUlREMENT
Street trees shall be provided throughout the development. A street tree plan shall be
submitted for staff review and approval as appropriate. Street trees may be placed within
residential lots and shall be installed prior to or concurrent with the construction of
individual dwelling units or structures in proximity to the roadway or accessway.
D. DEVELOPMENT STANDARDS FOR RECREATIONAL STRUCTURES
A. Setbacks for all structures except clubhouse:
1.
2.
3.
Front Yard:
Side Yard:
Rear Yard:
15 feet
10 feet
15 feet
B.
Maximum Height:
35 feet
c.
Minimum Distance
Between Structures
I 0 feet
3-3
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No. J~
SEP 2 5 2001
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PI.~
T ABLE II
DEVELOPMENT STANDARDS FOR ALL RESIDENTIAL AREAS
Single Family Single Family Duplex Single Family Attached Multi-Family
Detached Zero Lot Line Two Family and Townhouse Dwellings
Standard 0
Category 1 2 3 4 5
Minimum Lot Area 7,000 SF 5,000 SF 3,500 SF *2 3,000 SF *2 1 AC
Minimum Lot Width *3 70 50 35 30 150
Front Yard 20 20 *1 20 20 25
Front Yard for Side 10 10 10 10 15
Entry Garage
Side Yard 7.5 *4 o or 7.5 o or .5 BH 0.5 BH
Rear Yard Principal 20 20 20 20 BH
Rear Yard Accessory 10 10 10 10 15
Maximum Building 35 35 35 35 35
Height
Distance Between 15 10 o or 15 .5 SBH .5 SBH
Principal Structures
Floor Area Min. 1200 SF 1200 SF 1200 SF 1200 SF 1000 SF~
NOTES:
ID!: Building Height: Building height shall be the vertical distance measured from the first habitable finished Ooor elevation to the uppermost finished
ceiling elevation of the structure.
~: Sum of Building Height: Combined height of two adjacent buildings for the purposes of determining setback requirements.
All distances are in feet unless otherwise noted.
Minimum lot areas for an~' unit type may be exceeded. The unit type, and not the minimum lot area. shall define the development standards to be applied by
the Customer Services Department during an application for a building permit. For all zero lot line units, a conceptual exhibit showing typical building
configurations shall be submitted to the Customer Services Department with the application for the first building permit. The conceptual exhibit may be
modified as needed.
Walls and similar structures shall have a setback of five (5) feet along the development's boundaries along public right-of-way and a setback of two (2) feet
along other perimeter tract boundary where not abutting internal development tracts and a maximum height of 12 feet as measured from the lowest
centerline grade of the nearest public or private right-of-way or easement.
"I _ Single-family lots located at an intersection or 90 degree turn may reduce the setback at the radius to IS' at SO' lot's only.
"2 _ Each half of a duplex unit requires a lot area allocation of 3.500 SF for a total minimum lot area of 7,000 SF; 3,000 square feet lot area allocation per
dwelling unit for single famil)' attached and townhouse dwelling units.
*3 _ Minimum lot width may be reduced by 20"10 for cul-de-sac lots provided minimum lot area requirement is still maintained.
*4- Zero feet (0') or a minimum of five feet (5') on either side except that where the zero feet (0') yard option is utilized, the opposite side of the structure
shall have a (10') yard. Zero feet (0') yards may be used on either side of a structure provided that the opposite ten foot (10') yard is provided. Front
yard setbacks on lots with two frontages shall be determined by the location of the driveway. The remaining lot lines shall be identified as defined by the
Land Development Code for side and rear lot lines.
3-4
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SEP 2 5 20m
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PI.~
SECTION IV
DEVELOPMENT COMMITMENTS
4.1 PURPOSE
The purpose of this Section is to set forth the development commitments for the development of the
')roj ect.
4.2 GENERAL
All facilities shall be constructed in accordance with Final Site Development Plans, Final Subdivision
Plans and all applicable State and local laws, codes and regulations applicable to this Pun.
Except where specifically noted or stated otherwise, the standards and specifications of the Land
Development Code, Division 3.2 shall apply to this project even if the land within the Pun is not to be
platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in
this document.
The developer, his successor or assignee, shall follow the Master Plan and the regulations of the pun as
adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property.
In addition, any successor or assignee in title is bound by the commitments within this agreement.
4.3 Pun MASTER PLAN
A. Exhibit "A", Pun Master Plan, illustrates the proposed development and is conceptual in nature.
Proposed tract or special land use boundaries shall not be construed to be final and may be varied
at any subsequent approval phase such as at final platting or site development plan application,
subject to the provisions of the Land Development Code and amendments as may be made from
time to time.
B. All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and maintenance of all service utilities and all common areas in the project.
4.4 MONITORING REPORT AND SUNSET PROVISIONS
A. The Indigo Lakes Pun shall be subject to the Sunset Provisions of Section 2.7.3.4 of the Land
Development Code.
B. Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6
of the Collier County Land Development Code.
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4.5 TRANSPORTATION
The development of the Pun Master Plan shall be subject to and governed by the
following conditions:
A. Arterial level lighting shall be provided at the pun's access point to public right-
of- way concurrent with the development of the entry road.
B. The Developer shall provide right turn and left turn lanes at the project's proposed
access from CR 951 concurrent with the development of the entry road. The
Developer shall bear the cost of these improvements which are not subject to
impact fee credits.
C. Under the present two-lane condition of CR-951, the project may enJoy
unconstrained access to and from the north and south.
D. Under any future four-lane or six-lane condition of CR-951, there mayor may not
be a median opening to serve the project. Nothing in any development order shall
vest the project with any right of access over and above a right-in/right-out
condition. Neither shall the existence or lack of a future median opening be the
basis for any future cause of action for damages against the County by the project
developer, its successor in title or assigns.
E. Within 180 days of the adoption of the Pun Ordinance by the Collier County
Board of County Commissioners, the developer shall convey by warranty deed
sixty (60) feet of right-of-way along CR-95 1 for future roadway, bike path and
drainage improvements. The developer shall receive impact fee credits pursuant
to the Collier County Consolidated Impact Fee Code Provisions as set forth in
Section 74 of the Collier County Code of Laws and Ordinances and as referenced
in Section 2.2.20.3.7. of the Collier County Land Development Code. Such
dedication shall not be deducted from the Pun property for purposes for
determining yards, lot area or lot dimensions.
F. Substantial competent evidence shall be provided by the developer to the effect
that the project is designed to provide pass through transmission of historical
roadway runoff. In addition, site drainage shall not be permitted to discharge
directly into any roadway drainage system not specifically designed for such
discharge.
G. The following site access improvements on C.R. 951 (Collier Boulevard) shall be
constructed within 6 months of the approval date of this ordinance or prior to
preliminary subdivision plat approval of the two southernmost 20 acre parcels: A
full roadway width overlay of a minimum of one inch thickness of pavement
extending fifty (50) feet to the north and fifty (50) feet to the sou ~TEM--;
limits of the site access improvements (turn lanes and other imp oveWtXnts)." f t:
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SEP 2 5 2001_
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4.6 SIGNAGE
Project identification signage for the residential component of this Pun may be
developed at all project entrances in addition to other signage. All signage shall be
subject to the provisions of Division 2.5 of the Land Development Code.
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4.7 SITE LIGHTING
Lighting facilities shall be arranged in a manner which will protect roadways and
neighborhood residential properties from direct glare or other interference.
4.8 ENVIRONMENTAL
Petitioner shall provide twenty-five percent (25%) retained native vegetation as required
by Section 3.9.5.5 of the Land Development Code. The location of the retained
vegetation shall be identified as a part of the submittal for Preliminary Subdivision Plat
(PSP) or Site Development Plan (SDP), whichever is earlier, for any portion of the
subject property. Retained vegetation shall be preserved in its entirety with all trees,
understory and ground cover left intact and undisturbed, expect for prohibited exotic
species removal.
Environmental permitting shall be in accordance with the state of Florida Environmental
Resource Permit Rules and be subject to review and approval by Current Planning
Section Staff. Removal of exotic vegetation shall not be counted towards mitigation for
impacts to Collier County jurisdictional wetlands.
All conservation areas shall be recorded on the plat with protective covenants per or
similar to Section 704.06 of the Florida Statutes. Conservation areas shall be dedicated
on the plat to the project's homeowners' association or like entity for ownership and
maintenance responsibilities and to Collier County with no responsibility for
maintenance.
Buffers shall be provided around wetlands, extending at least fifteen (15') feet landward
from the edge of the wetland preserve in all places and averaging twenty-five (25') feet
from the landward edge of wetlands. Where natural buffers are not possible, structural
buffers shall be provided in accordance with the state of Florida Environmental Resource
Permit Rules and be subject to review and approval by Current Planning Section Staff.
An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site,
with emphasis on the conservation/preservation areas, shall be submitted to Current
Planning Section Staff for review and approval prior to final site planlconstrucion
approval. This plan shall include methods and time schedule for removal of exotic
vegetation from within preserve areas.
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4.9 WATER MANAGEMENT AND DRAINAGE OUTFALL FOR ABUTTING
PROPERTIES
The project is within the limits of the Harvey Drainage Basin Study, and, as such, will
conform to the requirements set forth by the County Water Management Director for
easements and discharge rates. Petitioner shall provide an outfall along or through
portions of the project. Upon the request of the Collier County Stormwater Management
Department Director, the petitioner shall provide all required drainage easements along
portions of the project. The stormwater management system shall be designed in
accordance with the Harvey Basin Stormwater Management Plan as is currently being
revised as it relates to Indigo Lakes accepting off-site stormwater discharges from
abutting developments to the north and east and passing said stormwater flows through
the Indigo Lakes internal stormwater management system discharging via a control
structure into the adjacent Heritage Green Ditch located along the west side of Indigo
Lakes.
The westerly twenty-two and a-half (22.5) feet of the above noted easement shall be
temporary until such a time as the final water management design and discharge / outfall
is designed, permitted, constructed and accepted by all concerned agencies. The northern
one hundred fifty (150) feet of the above noted thirty (30) foot easement is temporary and
will be vacated at the time of final plat approval.
Prior to the approval of construction plans for the most southerly 20 acres parcel
(commonly known as the "Ford Parcel) a twenty foot (20') wide drainage easement along
the west property line of the Ford Parcel shall be dedicated to the County for access and
maintenance of the adjacent canal, as required by the Harvey Basin Stormwater
Management Plan.
4.10 POLLING PLACES
This Pun is subject to the provisions in Section 2.6.30 of the LDC.
4.11 UTILITIES
All required utility services are available for this project.
Water and Wastewater Disposal: These utility services are to be provided by the Collier
County Utilities Division. The Project is proposed to connect to an existing 24" water
main on the west side of CR-95 1 and to a proposed 8" force main on the east side of CR-
951.
Electric Power: This utility service is to be provided by Florida Power and Light
Company. The Project is proposed to connect to an existing aerial feeder along the
westerly boundary of the Project adjacent to the existing Harvey Basin ditch.
Telephone: This utility service is to be provided by UTS/Sprint. The P ~ectNo.~~~
to be connected to existing facilities within the CR-95 1 right-of-way. I:...-.
4-5
SEP 2 5 20~ Y
PI.#
4.12 PEDESTRIAN SCHOOL ACCESS
Subject to the approval of specific construction details by Collier County Public Schools,
the proposed project improvements will include the construction of a 6' wide sidewalk
and gate to connect the campus of the Oak Ridge Middle School to the Project's
pedestrian circulation system at the approximate location shown by the Pun Master Plan.
The construction of these improvements will take place as part of the first development
phase of the Project.
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EXECUTIVE SUMMARY
PUDA-2001-AR-702, MARGARET PERRY, AlCP, OF WILSONMILLER, INC.,
REPRESENTING EAGLE CREEK PROPERTIES, INC., REQUESTING AN AMENDMENT
TO THE EAGLE CREEK PUD HAVING THE EFFECT OF AMENDING THE PUD
DOCUMENT TO ALLOW SELF STORAGE FACILITIES AND REI ATED ACCESSORY
STRUCTURES FOR THE EXCLUSIVE USE OF EAGLE CREEK RESIDENTS AS A
PERMITTED USE, FOR PROPERTY LOCATED AT 401 TOWER ROAD, IN SECTION 3,
TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING
OF 2981 ACRES.
OBJECTIVE:
To have the Board of County Commissioners determine whether the requested Pun Amendment is
consistent with the Collier County Growth Management Plan and Land Development Code and is in
the best interest of the community.
--
CONSIDERA TIONS:
The Eagle Creek Pun is located in the southwest quadrant of the intersection of Collier Boulevard and
Tamiami Trail East. The portion of the Pun that is the subject of this amendment is located in the
southeast portion of the Pun adjacent to Tower Road and is approximately 1.35 acres.
The subject property is currently zoned PUD. This petition seeks to amend the permitted uses in the
Golf Course district of the Eagle Creek pun. The "water and wastewater treatment facilities" use
would be removed and a new use of "self storage facility and related accessory structures for the
exclusive use of Eagle Creek residents" would be added. That is the only change proposed by the
petitioner. Other changes were instituted by the County Attorney's Office to bring the pun document
into compliance with applicable codes.
The Transportation Planning staff has reviewed the application. The proposed amendment will
generate approximately 31 weekday trips. The current annual average daily trips (AADT) for the
segment of Collier Boulevard adjacent to the project is 31,000 and the segment is operating above the
accepted level of service (LOS) standard "D". Based on the analysis, the site-generated trips will not
exceed the significance test standard (5 percent of the adopted level of service standard) on Collier
Boulevard adjacent to the project.
~GEH>A ITEM
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SEP 2 5 2001
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The site is not accessible internally from the Eagle Creek Pun because of the configuration of the
existing golf course. The question of interconnection was reviewed by Transportation Planning staff
and was determined not to be required because of the isolation of the parcel. In addition, the property
owner has no easement across the golf course to the internal roads of Eagle Creek.
The petitioner states that a Site Development Plan has not been finalized, however, it is anticipated that
the storage facility would be composed of four or five buildings of approximately 2,500 to 3,000
square feet each. The petitioner anticipates approximately 110 storage units of varying size and an
outdoor storage area of approximately 2,500 square feet.
When a Site Development Plan for the storage facility is submitted, landscape plans will be required
which indicate a Type "B" buffer (15 feet in width, 80% opaque within one year and may include a
hedge, wall, fence, berm or combination thereof, trees spaced 25 feet on center and, if a hedge is
planted, it shall be 6 feet in height) adjacent to the golf course and a Type "A" buffer (10 feet in width
with trees spaced 30 feet on center) adjacent to the Agricultural parcel.
The storage facility shall be for the residents of Eagle Creek only. It is being proposed as an accessory
to the residential development. Since this area is not eligible to rezone to commercial zoning, the
facility shall not be open to the general public.
_ If the petitioner, at some future time, proposes that the storage facility be open to the public, a Growth
Management Plan amendment would be required. If that amendment were to be approved, the Eagle
Creek Pun would have to be amended to remove the restriction that the storage facility is for the use
of Eagle Creek residents only.
FISCAL IMPACT:
This PUD amendment by and of itself will have no fiscal impact on the County. However, if this
request meets its objective, a portion of the existing land will be further developed. The mere fact that
new development has been approved will result in future fiscal impact on County public facilities. The
County collects impact fees prior to the issuance of building permits to help offset the impacts of each
new development on public facilities. These impact fees are used to fund projects in the Capital
Improvement Element needed to maintain adopted levels of service for public facilities. In the event
that impact fee collections are inadequate to maintain adopted levels of service, the County must
provide supplemental funds from other revenue sources in order to build needed facilities. The
following impact fees will be applicable to this project:
. Park Impact Fee:
. Libraries Impact Fee:
$578.00
$180.52
AGEN:>A. ITEM
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SEP 2 5 2001
pt. L
,-- Fire Impact Fee: $0.30 per square foot under roof
.
. Road Impact Fee: $239.00 per 1,000 square feet
. Correctional Facility: $0.0312 per square foot
. Radon Impact Fee: $0.005 per square foot under roof
. RC.A.I. Impact Fee: $0.005 per square foot under roof
. EMS Impact Fee: $13.00 per 1,000 square feet
The total amount of impact fees for a 13,000 square foot facility is $8,470.12. It should be noted that
because impact fees vary by type of commercial development, and because this approval does not
provide this level of specificity as to the actual size and type of use, the total impact fees quoted above
is at best raw estimates.
.-'
Other fees will include building permit review fees and utility fees associated with connecting to the
County's sewer and water system when required. Building permit fees and utility fees have
traditionally offset the cost of administering the community development review process, whereas
utility fees are used on their proportionate share of impact to the County system. Finally additional
revenue is generated by application of ad valorum tax rates. The revenue that will be generated
depends on the value of the improvements. At this point in time staff has not developed a method to
arrive at a reasonable estimate of tax revenue based on ad valorum tax rates. Nevertheless, it should be
appreciated that not withstanding the fiscal impact relationship, development takes place in an
environment of concurrency management. When level of service requirements fall below adopted
standards, a mechanism is in place to bring about a cessation of building activities. Certain LOS
standards apply countywide and would therefore bring about a countywide concurrency determination
versus roads that may have local geographic concurrency implications.
GROWTH MANAGEMENT IMPACT:
The subject property is currently designated Urban (Urban - Mixed Use District, Urban Coastal Fringe
Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a
base density of 4 DU/ A and associated accessory uses. This district is intended to accommodate a
variety of residential and non-residential uses, including mixed-use developments such as Planned Unit
Developments. Since, this subdistrict permits mixed-used developments such as Planned Unit
Developments along with a variety of community facility uses, and since the proposed use is for the
exclusive use of Eagle Creek residents it can reasonably be considered an accessory use to residential
development, the proposed use may be deemed consistent with this subdistrict.
The proposed use may be deemed consistent with the Future Land Use Element.
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ENVIRONMENT AL ISSUES:
There were no unusual environmental issues, since the site was previously developed.
ENVIRONMENTAL ADVISORY COUNCIL RECOMMENDATION:
The Environmental Advisory Council did not hear this petition, since an Environmental Impact
Statement was not required because the site was previously developed.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) heard this petition on July 19, 2001. Several Eagle
Creek residents spoke in opposition to the amendment, stating that they believed the facility would
become a commercial operation, that it would generate excessive traffic, and that the facility was not
needed by the residents. Eight letters in opposition were also received, along with a phone call in
opposition.
.-.
After discussion, Commissioner Budd moved for approval of the amendment, seconded by
Commissioner Priddy. The motion failed 3 to 4. The dissenting commissioners cited lack of internal
access and the potential lack of homeowner interest in renting storage units as the reasons for voting
against the petition.
PLANNING SERVICES STAFF RECOMMENDATION:
Planning Services Staff has referred this petition to all appropriate County Agencies for their review
and recommendation. Based upon their analysis, the landscape buffering required by the Land
Development Code, and the fact that the use is for residents of Eagle Creek only, staff recommends
approval of Petition PunA-2001-AR-702.
A~C:NOA.ITEM
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SEP 2 5 2001
PI. Lf
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4
PREPARED BY:
. ..J
FRE~~~~1f.
PRINCIP AL PLANNER
C;'. 7. C /
DATE
REVIEWED BY:
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SUSAN MURRAY, AICP "/
CURRENT PLANNING MANAGER
9 - /0 -(' /
DATE
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DATE
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AJJ>ROVED BY:
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. DUNNUCK, III, DATE
INTE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ADMINISTRATOR
Cf t L ~I
PUDA-200 I-AR-702 Eagle Creek PUD Amendment
4("!':NOA ITEM
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SEP 2 5 2001
PI. 5
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE:
JUNE 19,2001
RE: PETITION: PunA-2001-AR-702, EAGLE CREEK Pun
OWNER/AGENT:
Agent:
Margaret Perry, AICP
WilsonMiller, Inc.
3200 Bailey Lane, Suite 200
Naples, FL 34105
Owner:
Eagle Creek Properties, Inc.
625 Eagle Creek Drive
Naples, FL 34113
REQUESTED ACTION:
This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek PlJD.
The "water and wastewater treatment facilities" use would be removed and a new use of "self storage
facility and related accessory structures for the exclusive use of Eagle Creek residents" would be
added.
GEOGRAPHIC LOCATION:
The Eagle Creek Pun is located in the southwest corner of the intersection of Collier Boulevard (SR-
951) and Tamiami Trail East (US 41). The location of the proposed self-storage facility is in the
southeast corner of the pun, in the Tower Road vicinity. V'CIllO~ ITEM
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SEP 2 5 2001
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PI.
PURPOSEIDESCRIPTION OF PROJECT:
This petition seeks to amend the permitted uses in the Golf Course district of the Eagle Creek pun.
The "water and wastewater treatment facilities" use would be removed and a new use of "self storage
facility and related accessory structures for the exclusive use of Eagle Creek residents" would be
added. No other revisions are proposed.
SURROUNDING LAND USE AND ZONING:
Subject Parcel:
Vacant; former site of wastewater treatment plant; zoned pun
Surrounding:
North: Golf course; zoned pun
East: Agricultural land; zoned A
South: Golf course; zoned pun
West: Golf course & stormwater management lake; zoned pun
GROWTH MANAGEMENT PLAN CONSISTENCY:
The subject property is currently designated Urban (Urban - Mixed Use District, Urban Coastal
Fringe Subdistrict) as identified on the Future Land Use Map of the Growth Management Plan.
Relevant to this petition, this Subdistrict permits residential development (variety of unit types) at a
base density of 4 DU/A and associated accessory uses. This district is intended to accommodate a
variety of residential and non-residential uses, including mixed-use developments such as Planned
Unit Developments. Since, this subdistrict permits mixed-used developments such as Planned Unit
Developments along with a variety of community facility uses, and since the proposed use is for the
exclusive use of Eagle Creek residents it can reasonably be considered an accessory use to residential
development, the proposed use may be deemed consistent with this subdistrict.
The proposed use may be deemed consistent with the Future Land Use Element.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no historic/archaeological survey and assessment is required.
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SEP 2 5 2001
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2
EV ALUATION FOR ENVIRONMENTAL, TRANSPORTATION AND INFRASTRUCTURE:
The proposed impact of the Pun amendment on transportation, infrastructure, and the environment
was reviewed by the applicable reviewing agencies and their comments have been incorporated into
this Staff Report.
ANALYSIS:
The Eagle Creek Pun was initially served by an on-site water treatment plant. In 1999, Collier
County sewer service became available to the development and the water treatment plant was no
longer needed. The plant was dismantled according to State requirements.
The proposed self-storage facility will function as an accessory to the existing Eagle Creek residential
community. Since the facility is limited to the "exclusive use of Eagle Creek residents", the facility
is not a commercial use.
Transportation impacts will be minimal, since the facility will be primarily accessed as seasonal
residents arrive and depart. The facility will have an entrance off Tower Road.
ENVIRONMENT AL ADVISORY COUNCIL RECOMMENDATION:
The Environmental Advisory Council did not hear this petition because an Environmental Impact
Statement (EIS) was not required. An EIS was not required because the property was previously
developed.
STAFF RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PunA-2001-AR-702
to the Board of County Commissioners.
A(?C:NOA ITEM
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SEP 2 5 2001
PI. ~
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PREPARED BY:
~~~
F ISCHL, AICP
PRINCIPAL PLANNER
&-190)
DATE
REVIEWED BY:
~~~
INTERIM CURRENT PLMWING MANAGER
'7-~ -0/
DATE
~e1LL
;7-z. -':>1
DATE
THOMAS E. KUCK, PE
INTERIM PLANNING SERVICES DIRECTOR
(
APPROVED BY:
~
JOHN . DUNNUCK, III, DA TE
INTE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DIVISION
ADMINISTRA TOR
Petition Number PunA-2001-AR-702
Staff Report for the July 19,2001 CCPC meeting.
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10, CHAIRMAN
gladmin/PUDA-200I-AR-702/ STAFF REPORT/fr
4GEND... I.:(EM
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SED 2 5 2001
PI.~
REZONE FINDINGS
PETITION PUDA-200l-AR-702
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of the Planning Commission to the Board of County Commissioners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where applicable:
1. Whether the proposed change will be consistent with the goals, objectives, and
policies and Future Land Use Map and the elements of the Growth Management
Plan.
Pro: The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
Con: None
Summary Findin2;s: The proposed development is in compliance with the Future Land
Use Element of the Growth Management Plan.
2. The existing land use pattern;
Pro: The parcel in question is located within a developed pun. The facility will be for
the exclusive use of the residents of Eagle Creek.
Con: None.
Summarv Findin2;s: The proposed land use is consistent with the existing and future
land use pattern in the area.
3. The possible creation of an isolated district unrelated to adjacent and nearby
districts;
Pro: The proposed change is for the existing golf course district of the pun and will not
create an isolated district.
Con: Evaluation not applicable.
"r"'.:t:)A ITEM
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SEP 2 5 20m
PI. \0
Summary Findini!s: The parcel will not result in an isolated district unrelated to
adjacentand nearby districts because it is located within an existing district.
4. Whether existing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change.
Pro: The district boundaries are logically drawn and they are consistent with the FLUE
of the GMP.
Con: None.
Summary Findini!s: The boundaries have been determined to be logically drawn during
the original rezoning which created the district.
5. Whether changed or changing conditions make the passage of the proposed
amendment necessary.
Pro: Since Eagle Creek is now connected to County sewer; the water treatment plant is
no longer required. The developer surveyed residents and determined that on-site storage
for residents would be a desireable replacement for the plant.
Con: None.
Summary Findini!s: Changing conditions have resulted In the submittal of this
amendment.
6. Whether the proposed change will adversely influence living conditions in the
neighborhood;
Pro A storage facility is a relatively benign use compared to a water treatment plant.
Con: A storage facility will generate additional traffic; primarily as seasonal residents
arrive and depart.
Summary Findini!s: The storage facility may generate more traffic than the water
treatment plant, but other impacts, such as odor and noise will be reduced.
7. Whether the proposed change will create or excessively increase traffic congestion
or create types of traffic deemed incompatible with surrounding land uses, because
AGENDA ITEM
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2 Pa. II
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of peak volumes or projected types of vehicular traffic, including activity during
construction phases ofthe development, or otherwise affect public safety.
Pro: (i)
An action to rezone the property as requested is consistent with all
applicable traffic circulation elements.
(ii)
The property fronts directly on a Tower Road, a public road thereby
providing an immediate access to the site.
Con: (i)
A storage facility will generate additional traffic; primarily as seasonal
residents arrive and depart.
Summary Findin2s: Evaluation of this project took into account the requirement for
consistency with Policy 5.1 of the Traffic Element of the GMP and was found consistent,
a statement advising that this project when developed will not excessively increase traffic
congestion.
8. Whether the proposed change will create a drainage problem;
Pro: The site will be designed to utilize the existing stormwater management system.
Con: Evaluation not applicable.
Summary Findin2s: This amendment will replace one facility with another. This
project was reviewed for drainage relationships and design and construction plans are
required to meet County standards as a condition of approval.
9. Whether the proposed change will seriously reduce light and air to adjacent areas;
Pro: The proposed storage facility will be required to meet the required yards of the
Eagle Creek pun which are designed to protect the circulation of light and air to adjacent
areas.
Con: Evaluation not applicable.
Summary Findin2s: All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards apply in the Eagle Creek Pun and were designed to ensure that light
penetration and circulation of air does not adversely affect adjacent areas.
10. Whether the proposed change will adversely affect property values in the adjacent
area;
AGEt.I)A ITEM
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SEP 2 5 2001
3 PI. IL
.e"'"",<_,_.' ---...
Pro: This amendment will remove the use of water treatment plants within the pun,
which may positively affect property values.
Con: A storage facility will be a more intense use than leaving the property vacant..
Summary Findines: This is a subjective determination based upon anticipated results,
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a ho~t of factors including zoning, however zoning by
itself mayor may not affect values, since value determination by law is driven by market
value. The fact that a property is given a new accessory use mayor may not affect value.
11. Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
Pro/Con: Evaluation not applicable.
Summary Findines: The basic premise underlying all of the development standards in
the zoning division of the LDC is that their sound application when combined with the
administrative site development plan approval process, gives reasonable assurance that a
change in zoning will not result in a deterrence to improvement of adjacent property.
12. Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Pro/Con: Evaluation not applicable.
Summary Findines: The proposed Pun complies with the Growth Management Plan, a
public policy statement supporting Zoning actions when they are consistent with said
plan. In light of this fact the proposed change does not constitute a grant of special
privilege. Consistency with the FLUE is further determined to be a public welfare
relationship because actions consistent with plans are in the public interest.
13. Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Pro/Con: Evaluation not applicable.
Summary Findines: The subject property has been developed in accordance with the
existing pun, however a water treatment plant is no longer required. Eagle Creek
residents now desire a storage facility in its place.
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SEP 2 5 2001
PI. 13
4
14. Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
Pro: The proposed development complies with the GMP.
Con: Evaluation not applicable.
Summary Findin2s: The storage facility will be an accessory to the residential dwelling
units in the pun, not a commercial facility, th ~refore it is not out of scale with the
neighborhood or the County.
15. Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use.
Pro/Con: Evaluation not applicable.
Summary Findin2s: There are many sites which are zoned to accommodate the
proposed storage facility. This is not the determining factor when evaluating the
appropriateness of a rezoning decision. The determinants of zoning are consistency with
all elements of the GMP, compatibility, adequacy of infrastructure and to some extent the
timing of the action and all of the above criteria. In addition, the proposed use is an
accessory to residential development, not a commercial project.
16. The physical characteristics of the property and the degree of site alteration which
would be required to make the property usable for any of the range of potential uses
under the proposed zoning classification.
Pro/Con: Evaluation not applicable.
Summary Findin2s: The property was previously developed with a water treatment
plant which has been removed according to State requirements.
17. The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Collier County Growth
Management Plan and as defined and implemented through the Collier County
Adequate Public Facilities Ordinance, as amended.
Pro/Con: Evaluation not applicable.
Summary Findin2s: Staff reviews for adequacy of public services and levels of service
determined that required infrastructure meets with GMP established relationships.
~"-f)A f!EM
No. "
5
SEP 2 5 2001.
PI. If
WiI_nMilleT
New Directions In PlannifI(J, Design cS Efl(Jlneering
April 12, 2001
PUDA-200 l-AR-702
Eagle Creek PUD
Project # 199902 I 8
DA TE: 4/20/0 I
Mr. Fred Reischl
Project Planner
Collier County Development Services Department
2800 North Horseshoe Drive
Naples, FL 34105
Re: Eagle Creek PUD Amendment
Dear Mr. Reischl:
Enclosed are seventeen copies of an Application for Public Hearing for a minor PUD Amendment for Eagle
Creek, Also included is a check in the amount of $1,525 to cover the cost of processing this amendment.
Section IV of the PUD document, with language changes noted in cross through and underline, is made
part of this application, as this is the only portion of the PUD which we are proposing to change. If and
when required, we will provide the entire PUD document.
The Eagle Creek PUD was approved by the Board of County Commissioners in October of 1985. An
amendment to the PUD was approved on December 10, 1996. Section IV of the PUD outlines the
regulations relative to areas designated as "Golf Course" on the master plan. Essential services, including
on-site water and wastewater treatment facilities, are a permitted use within this designation. A sewage
treatment facility was constructed on the subject site in 1986. (Please refer to Exhibit "B" of the Application
for Public Hearing for the location.) In October of 1999, Collier County sewer service became available to
the project. The sewage treatment facility is therefore no longer needed for the project. The facility is
currently being dismantled and is expected to be totally cleared by the end of April.
After receiving requests from its residents, Eagle Creek Properties surveyed its residents in February, 2000
regarding the interest in an on-site storage facility. Results of the survey indicated the residents' strong
desire for such a storage facility. The developer of the project is attempting to satisfy the needs of its
residents by requesting an amendment to the PUD to allow for self storage units at this location. The
proposed facility will be owned, operated, and maintained by Eagle Creek Properties and will be for the
exclusive use of residents of Eagle Creek.
The proposed PUD Amendment offers positive benefits to the residents of Eagle Creek, while causing no
detriment to the surrounding area or the community in general.
Should you have any questions or need additional information, please feel free to contact me.
Sincerely,
Wi/fO. nMillef(jJJc.~ 'j
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Margaret Perry, AlCp7
Planner /
AG€NQA ITEM
Ne...-:-
SEP 2 5 2001
~1.92"51 Ver UI'-MPERRY
Naples Fort Myers Sarasota Bradllnton Tampa PI. I~
3200 Bailey Lane. SUlle 200 Naples, Florida 34105-8501 941-649-4040 tr 941-643-511 ~
WWW.wilsonmil/er.com
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Wl/sonMill~,lnc -fL LIC'LC-COOO'lO CA 43
PUDA-200 I-AR-702
Eagle Creek PUD
PETITION 1 Project # 19990218
DATE: 4/20/01
APPLICATION FOR PUBLIC HEARING
FOR
PUD AMENDMENT /DO AMENDMENT
COMMUNITY DEVELOPMENT DIVISION
PLANNING SERVICES
1. Name of Applicant(s) Eagle Creek Properties, Inc.
Applicant I S Mailing Address 625 Ea~le Creek Drive
City Naples
State FL
Zip 34113
Applicant's Telephone Number: 941-775-2227
Is the applicant the owner of the subject property?
cgj Yes
ONo
(a) If applicant is a land trust, so indicate and name beneficiaries below.
x (b)
If applicant is corporation other than a public corporation, so indicate and
name officers and major stockholders below.
(c) If applicant is a partnership, limited partnership or other business entity, so
indicate and name principals below.
(d) If applicant is an owner, indicate exactly as recorded, and list all other
owners, if any.
(e) If applicant is a lessee, attach copy of lease, and indicate actual owners if
not indicated on the lease.
(f) If applicant is a contract purchaser, attach copy of contract, and indicate
actual owner(s) name and address below.
David J. Amico President/CEO' John Hash Vice President' Hans ter Schwa er
Jreasurer/CFO
2.
Name of Agent
Margaret Perrv. AlCP
Finn
WilsonMiller. Inc.
Agent I S Mailing Address
3200 Bailev Lane. Suite 200
City Naples
State
FL
Zip
34 05
~~~I1fM
. ,/
-
Agent's Telephone Number:
941 649-4040
p 2 5 20m
PI.-1-Cv
,nraml.lJZ'7-l7 Vcr: nl!-MPEJUtY
CA~)
NOII~n6..Ulll..PWRK.2.'illJ(J
3. PUD Ordinance and Number: Eaele Creek PUD. Ordinance #85-52
(previously amended by Ordinance #'s #96-79 )
4. Detailed legal description of the property covered by the application (if space is
inadequate, attach on separate page; if request involves change to more than one zoning
district, include separate legal description for property involved in each district; if
property is odd-shaped, submit five (5) copies of survey; 1" to 400' scale).
The applicant is responsible for supplying the correct legal description. If questic 15 arise
concerning the legal description, an engineer's certification shall be required.
Section ~
Township 51 South
Range 26 East
Please see attached Exhibit "A."
5. Address or location of subject property: 401 Tower Road (approximately 14 mile
east of Collier Boulevard. Please see attached Exhibit "B. "
6. Does property owner own contiguous property to the subject property? If so, give
complete legal description of entire contiguous property. (If space is inadequate, attach
on separate page.)
No
7. Type of Amendment:
X A. PUD Document Language Amendment
B. PUD Master Plan Amendment
C. Development Order Language Amendment
8.
Does amendment comply with the comprehensive plan:
~Yes
ONo
If no, explain:
9. Has a public hearing been held on this property within the last year? If so, in whose
name? No _~__
Petition Number:
- r,
Date:
N..... '
~,
JI2M>I-92747 Vcr 1I11-MPERAY
C^ .~,
NOI iA-tJJf>..lIOI-PWR.K.25IUO
SEP 2 5 2001
PI. f 1
10.
Has any portion of the PUD been sold and/or
changes proposed for the area sold and/or developed?
additional sheets if necessary.)
X developed? Are any
If yes, describe. (Attach
No chan2es are proposed for the developed areas.
AFFIDAVIT
I, David J. Amico President/CEO Ea Ie Creek Pro rties Inc. being fIrst
duly sworn, depose and say that I am the owner of the property described herein and
which is the subject maller of the proposed hearing; that all the answers to the questions
in this application, and all sketches, data, and other supplementary maller attacbed to and
made a part of this application, are honest and trUe to the hest of my knowledge and
belief. I understand this application must be complete and accurate before a hearing can
be advertised. I further permit the undersigned to act as my representative in any matters
regarding this Petition.
~
E....,loL- {/ol..:c..1< P~I'""I'-4)..,:t:C._
STATE OF FLORIDA
COUNTY OF COLLIER
The foregoing Application was acknowledged hefore me this..ll- day of ~,\ '
2001-, by ~ ' ;, r'-S~.A.v..'" <J ' who is personally known to
me or who haS prnduced as identification and who did (did not)
take an oath.
~ ~~ MEUSSA IWlAON
t: :~ MY C()MMISSION . cc 894058
" .' EXPIRES: JI!AIlWY 16,2006
, .. .' BooIClIlInvuNOllll'l~~
~fL \l":~~~r-..,"- -Plv"""'--"
(Signature of Notary Public)
.c";NJA ITEM
No. \J \
SEP 2 5 2001
Pa. I~
"I'l6JtII-l)1'14iVer III'-MPERRY
CA."')
NOIII.jnEKICII.pWRK.2~IWU
-o-
f
EXHIBIT "A"
WILSON. MIllER, BARTON, SOll & PEEK, INC.
PROFESSIONAL ENGINEERS. PLANNERS AND LAND SURVEYORS
Description of part of "Golf Course East" of
"EAGLE CREEK COUNTRY CLUB", (P.B. 14,
pages 1-5), Collier County, Florida.
(Sewage Treatment Site)
All that part of the "GOLF COURSE EAST" parcel of the "EAGLE
CREEK COUNTRY CLUB" Tract Maps as recorded in Plat Book 14, pages
1 through 5 inclusive, Collier County Public Records, Collier
County, Florida being described as follows:
Commencing at the Southeast Corner of Section 4, Township 51
South, Range 26 East, Collier County, Florida;
thence along the east line of said Section 4, North 00-27'-44"
East 280.03 feet;
thence North 890-32'-16" West 32.00 feet to the POINT OF
BEGINNING of the Sewage Treatment Site herein described;
thence North 890-32'-16" West 92.00 feet;
thence North 440-32'-16" West 55.15 feet;
thence North 00-27'-44" East 191.03 feet;
thence North 240-04'-44" East 119.81 feet;
thence North 00-27'-44" East 75.00 feet;
thence North 290-01'-44" East 125.48 feet;
thence South 890-32'-16" East 35.00 feet to a point on that
line which lies 20.00 feet west of (as measured at right
angles to) and parallel with the East line of said Section
4 ;
thence parallel with the East line of said Section 4, South
00-27'-44" West 435.02 feet;
thence South 130-57'-44" West 51.40 feet;
thence South 00-27'-44" West 40.00 feet to the Point of
Beginning;
being a part of the Southeast 1/4 of Section 4, Township 51
South, Range 26 East, Collier County, Florida;
and being a part of the "GOLF COURSE EAST" parcel as shown on the
Tract Map of "EAGLE CREEK COUNTRY CLUB" as recorded in Plat Book
14, pages 1 through 5 inClusive, Collier County Public Record,
Collier County, Florida;
subject to easements and restrictions of record;
containing 1.35 Acres more or less;
the bearings used herein are based on said "EAGLE CREEK COUNTRY
CLUB" and are true.
WILSON, MILLER, BARTON, SOLL & PEEK,
Reg. Engineers and Land Surveyors
B'carlQ~
INC.
DATE
c- L...."l' \ c,. \9Ek, .
.
Not valid unless embossed with the Professional's SealAGFNOAI~
W.O.
Ref:
25326
5J-45 (0-264, 22 of 26)
4J - 115
(CHS:lr sewage)
No.---u -
SEP 2 5 2001
PI.1L-
..< /
__"7 t..-
~
'-
EXHIBIT "B"
EAGLE CREEK
PuO
~
'"
EAGLE CREEK
PuO
It1
vi
PROJECT
LOCAllON
(PU"i")
~
o
a:
iE
~
l!s
~
C-3
A
C-3
RlvERBENO
puo
A
TT - RVC
PU"c"
NORTH
illllll'rnv~III'Iill"il"lmilllllllm[,lI!I"
o 250 500 1000
SCALE: 1"=500'
Gi
<::>pr =r~
",-,... -'-'
~cr -00 2'2,:,' - 29:4:] C4
CL'EcJT
Creek PUD Amendment
Creek Properties, Inc.
......,nc.. R.l..dLC~
,.GENO~ I~M
Mo. '
-L.J
flamers . Engtleera . EcoIolJsIa . 5J.IYeYOf"a . LandKepe Arc/Vlecfs . Transporta lion COflSl1tanta
WlIsonMiRer. Inc.
NI{JIes . Fori /Jyert . Slruoll . &-Idenlon . T~
1?OO BIle. Lane Sulezog . N~ Floridl 34f)5-B507. F'tIonlO 941-~4040 . F... ~-5716 . Web-Sfle www.lIUoMiJer.com
Wi/s;nMiller
SEe
twP
SCALE
01
4
SECTION IV
GOLF COURSE
4.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated on the
PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and
"H" ~
4.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Uses in Tracts "GC East", GC West" and "CH".
1) Golf Course
2) Clubhouses, pro-shop, practice driving range and other customary
accessory uses of golf courses.
3 ) Small commercial establishments, including gift shops, golf equipment
sales, restaurants, cocktail lounges, and similar uses, intended to
exclusively serve patrons of the golf course, subject to the provisions of
the applicable supplementary regulations of the Zoning Ordinance, or its
successor prOVISIOn.
4) Signs as permitted by the Collier County Zoning Ordinance, or its
successor provision in effect at the time permits are requested.
5) A maximum of two (2) residential units in conjunction with the operation
of the golf course as determined to be compatible with the adjacent uses as
determined by the Administrator.
6) Golf Course maintenance.
Words underlined are additions; words struck thrO\:lgh are deletions.
4/11/01. W -192833 y I . Eagle Creek PUD (Amertdment 100 I) 4-1
1-0 IIS-PUD FILE
7) Ess@ntial s@rviG@s, iRCludiRg OR site "':at@f aad wast@'Natef tr~atm.8nt
facilities Self stora~e facility and related accessory structures for the
exclusive use of Eagle Creek residents. A -';4. niM
- ...,.
NG.~
SEP 2 5 2001
Pa.a1
1 ) Water Management/Lakes.
B. Permitted Uses in Tract H.
1) Golf Course driving range
'2) Any residential use permitted under Section III of this document.
3) Signs as permitted by the Collier County Zoning Ordinance, or its successor
provision in effect at the time permits are requested.
-~ii5i. ITEM
.- -
No. '
-v
SEP 2 I) 2001
P..J.~
Words underlined are additions; words stnK1k through are deletions.
4/1110\. W4I928l3 v I . Eagle Creek POO (Amendmen. 200\)
I-OIIB-PUD FILE
4-2
.
Dennis and Mary Mudd
503 Eagle Creek Drive
Naples, Florida 34113
l"~~
" -':'EO
JU~ 1 8 2DD!
-
July 15,2001
Collier County Government
Collier County Current Planning Section
Development Services Building
2800 N. Horseshoe Drive
East Naples, FL 34104
Dear Planning Section:
As an owner of property within the Eagle Creek Country Club Planned Unit
Development community, we are opposed to the request ofPUDA-ZOOI-AR-702, Margaret
Perry, AICP of Wilson Miller, Inc. to amend the Eagle Creek PUD to allow self-storage facilities
and related accessory structures for the exclusive use of Eagle Creek residents as a permitted use,
for property located at 401 Tower Road, in Section 3, Township 51 South. Range 26 East, County
Collier, Florida, consisting of298+ acres.
The vast majority of residents in Eagle Creek Country Club are seasonal residents who
are not in need of such additional storage. For those who do desire or have a need for additional
storage, there is already a self-storage fIrm located on U.S. 41 within a few miles of Eagle Creek.
We have concern that this effort by the petitioners are being made when at least 85% of
the property owners are absent, unable to personally appear.
We strongly oppose any such amendment to the Eagle Creek PUD . We do not believe it
is needed and might well sit predominately vacant, creating a potential "eye-sore" to the
community.
If there are any questions, please do not hesitate to contact us.
Summer Address:
4555 Regency Drive
LibertyviIle, IL 60048
Phone: (847) 247-9173
...-.---...-- . ~ ...;. - .-_::=--::_~
AGfNDA ITEM
I""
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SEP 2 5 2001
PI ~3
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THOMAS C. OCHELTREE, M.D.
9 TAM I COURT . BLOOMII'JGTON, ILLINOIS 6170'
,f:( E if! ..'
1_ j ,_ I.
Collier County Current Planning Section
Development Services Building
2800 North Hor58shoe Drive
East Naples, FL 341 04
Dear Sir/Madame.
This letter is written to object to the changes to the PUD document of Eagle
Creek to allow for self-storage facilities.
They are unnecessary for the development and will not fulfill the intended use
of the property. They will not belong to the owners of Eagle Creek and are
not an intended use of the land.
1/ ,i 1 h 200 I
----.--
Sincerely
'j I ,....
, . / ! \.----
/!l LI)l>>--v~-
Thomas Ocheltree
141 Cypress View Dr
Naples, FL 34113
~GENoAiTt;M-
No. ~
SEP 2 5 200',
PI. ~5
Lawrence Smilgius
733 Eagle Creek Drive
Naples, FL 34113
July 17,2001
Mr. Fred Reisehl, AICP
Planning Service Department
Collier County Government
Community Development and Environmental Services Division
2800 North Horseshoe Drive
Naples, FL. 34104
REF: Eagle Creek PUD
PUDA-2001-AR-702
Dear Mr. Reisehl:
1 am in receipt of your Notice Letter of June 29, 2001, and I wish to expres~ my apposition to the proposal
to allow self storage facilities and related accessory structures on the property knoW as 40 I Tower Road.
This objection is based upon the following:
1. The Owners of the residential units at Eagle Creek have not expressed a desire for this type of
facility; therefore it will not bt: for the exclusive use of the residents of Eagle Creek.
2. The Developer has not surveyed nor communicated with the property owners as to their opinion
relative to this project.
3. In the event that the County should approve the project there will be very little demand for said
project from the homeowners and in turn the developer or his assigns will be seeking. from the
County, permission to extend the services to the general public.
4. The Developer continues to have the controlling votes on the Board of Directors of the following
Eagle Creek Associations:
a. Eagle Creek Villa Home Assn. b. Eagle Creek Eslale AssoC. c. Stone gate Villa @ Eagle
Creek Assoc. d. Waterford Place @ Eagle Creek and e. The Master Association, Eagle
Creek Community Association.
The voting control of these Associations allows the Developer to allege that he speaks for the ownership of
Eagle Creek when in fact he does not. The only Association that the Developer does not have voting
control has voted overwhelmingly against the project.
Since this project is part of the Eagle Creek PUD and is required to be for the exclusive use of the Eag,k
Creek community, the developer should be required to poll. in writing. the 400+ homeowners at Eagle
Creek, prior to the Board considering this project.
r the opportunity to express my opinion.
/
~~AITI:U
NG.
I
I
l.J'
SEP 2 5 200i
PI.
July 9, 2001
Fred Reischl, AICP
Principal Planner
Collier County Government
Planning Services Department
2800 North Horseshoe Drive
Naples, FL 34104
Dear Mr. Reischl:
I am responding to your letter of June 29, 2001 regarding the
Eagle Creek Country Club Planned Unit Development community.
We own property within 300 feet of the boundary. We along with
many others within the Holiday Manor Community have invested
much time and money to improve our property as well as the whole
Holiday Manor complex. We would prefer not to have storage
facilities, etc. next to our property, however, if this is
inevitable, we would like to have a large wooded area (maybe
50 to 100 feet) left between the facilities and Holiday Manor.
We are on a quiet dead end street currently and would like to
keep it that way. A section of wooded area or a large wall
would keep us away from the traffic and noise from the new
faci Ii ty.
We are in Ohio for the summer and are unable to be there for
the meeting or to review the plan.
I have talked to some of the other residents on Willow Lane
and they have the same feeling as ! do. For some reason they
did not receive a letter.
Please consider this letter when you are making your decisions.
If you need to talk with me my phone number in Ohio is (614)
855-1605.
SinceJ~ ? ~L
David Fleischer
Owner 173 Willow Lane, Holiday Manor
i.Gf.7'OOA ITEM
No._ '-
SEP 2 5 2001
P&.~ 'I I
July 9, 2001
Collier County Government
Community Development and Environmental Services Div.
Planning Services Dept.
2800 North Horseshoe Drive
Naples, FL 34104
Re: PUDA-2001-AR-702
Gentlemen:
My wife, Marilyn and I are residents of Eagle Creek Country Club and have been since
1991. We reside at 154 Cypress View Drive.
The purpose of this letter is to strongly object to the proposed amendment to the Eagle
Creek PUD that would allow Eagle Creek Properties to construct "for hire" self storage
facilities and related structures within the Eagle Creek property confines. There is
nothing about this proposed amendment that makes any sense. The storage is supposedly
only for Eagle Creek residents. How will this be controlled and what are the
consequences of a violation? The location is only accessible through the same gate off
T ower Road that services the Eagle Creek golf course maintenance building and the
Eagle Creek homeowner's grounds maintenance facility. This creates safety problems
due to the movement of large equipment and conflicts with traffic to the storage facilities.
Security problems are also created because of the 24-hour access required to the storage
facilities.
When we selected the upscale community of Eagle Creek to make a significant
investment, we did not expect to be forced to view "for hire" storage facilities from the
golf course, nor did we expect to be concerned that Eagle Creek Properties would be
allowed to build anything they pleased just because they have a small land-locked parcel
that they can't think of anything else to do with.
We hope the Planning Services Department utilizes good judgment and rejects this
amendment. It makes no sense and the vast majority of Eagle Creek residents doesn't
want it or need it since there are already self-storage facilities near by.
cr:~
\.fY(~ W. dsJ/l.R..LnV
Alan and Marilyn Green
----~.i~1
*'-0- \
SEP ? ::1 208' t
PI. ~S? \
t
~
IlL.'--c.
JUt 1 3 2001
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION
June 29, 2001
Dear Property Owner:
PLANNING SERVICES DEPARTMENT
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
This is to advise you that because you own property within the Eagle Creek Country Club Plumed Unit
Development community or within 300 feet of the boundary of the Eagle Creek Country Club PUD, we are
notifying you of a public hearing to be held by the Collier County Planning Commission of Collier County,
Florida. at 8:30 A.M., Thunday, July 19,2001, in the Board of County Commissioners Meeting Room,
Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida, to consider:
PUDA-2001-AR-702, Margaret Perry, AICP, of WilsonMiller, Inc., representing Eagle Creek Properties, Inc.,
requesting an amendment to the Eagle Creek PUD baving the effect of amending the PUD document to allow self
storage facilities and related accessory structures for the exclusive use of Eagle Creek residents as a permitted use,
for property located at 401 Tower Road. in Section 3, Township 51 South, Range 26 East, Collier County, Florida,
consisting of 298:!: acres.
You are invited to appear and be heard at the public hearing, or you may submit your comments in writing.
Written comments filed with the Collier County Current Planning Section, Development Services BuildiDg, 2800
North Horseshoe Drive, East Naples, Florida, prior to July 19, 2001, will be considered at the public hearing.
If a person decides to appeal any decision made by the Collier County Planning Commission with respect to any
matter considered at such meeting or hearing, he will need a record of the proceedings, and for such pwpose he
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.
This petition application development plans and/or master plan if applicable, and other pertinent information
related to this petition is kept on file and may be reviewed at the Developmt.nt Services Center located at the
address listed above. Please contact the assigned planner noted below at 403-2400 to set up an appointment if you
wish to review the file.
. Sincerely'L eLL)
FfliMQ
Principal Planner
FRlcw
PHONE (941) 403-2400
_.___....;..o.---or..::....__~
AGENDA I~,-
(, -
,
R E" r ",... ,-
.- f'
'.' l". I , .-.' U
,'--
JUL 1 3 zOOt
July 9. 2001
Collier County Current Planning Section
Development Services Building
2800 North Hor~eshow Drive
East Naple~. FL 34104
Attns Fred Reisehl. AlCP
Principal Planner
Dear Sir:
As a property owner within 300 feet of Eagle Creek
we are' against the petition PUDA 200l-AR.---702.
storage facilities and related structures will not
enhance this area. I'm sure there are plenty of nearby storage
facilities that Eagle Creek residents can rent that already exist.
that will fUlfill all of their needs.
0;0. "fPfGJ~
Tom & Pat Price
2757 Silver Hill
Waterford. Ml 48329
248-673-3481
owners of pJ10perty ,~;ats
0072784006
4 51 26 NW1/4 OF SW1/4 OF
8'\"11/4 OF NEl/4 LYING W OF
BAREFOOT WILLIAMS RD 1.86 AC
.....-.---..---- - -- .-
~C'.ENOA \TE).4 \
- .......
No. --'tt'""
SEP '2 5 20m \
PI. ~o I
Raymond Gore
RAYMOND M. GORE
35 Grey Wing Points
NIDles FL 34113-8464
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~kt ~'O'
SEP 2 5 2001
PI 31
ORDINANCE NO. 01-_
AN ORDINANCE AMENDING ORDINANCE
NUMBER 91-102, THE COLLIER COUNTY LAND
DEVELOPMENT CODE, WHICH INCLUDES THE
COMPREHENSIVE ZONING REGULATIONS FOR
THE UNINCORPORATED AREA OF COLLIER
COlJ'NTY, FLORIDA, BY A.\1E}''DING THE OFFICIAL
ZONThTG ATLAS MAPS NUMBERED 1603N, 1603S
Al\1) 1604N BY CHANGING THE ZONING
CLASSIFICA nON OF THE HEREIN DESCRIBED
REAL PROPERTY FROM "PlJD" TO "PUD" PLANNED
L~lT DEVELOPMENT KNOWN AS EAGLE CREEK
COL~TRY CLUB, FOR PROPERTY LOCATED , IN
SECTIONS 3 AND 4, TOWNSHIP 51 SOUTH, RANGE
26 EAST, COLLIER COUNTY, FLORIDA,
CO~SISTING OF 298+/- ACRES; PROVIDING FOR
THE REPEAL OF ORDINANCE NUMBER 96-79, AS
A.:\1EJ'.;'DED, THE FOR.\1ER EAGLE CREEK
COL'NTRY CLUB PU'D; Al\'D BY PROVIDING AN
EFFECTIVE DATE.
\VHEREAS, Margaret Perry, AICP, of WilsonMiller, Inc., representing Eagle Creek
Properties, Inc., petitioned the Board of County Commissioners to change the zoning classification
of the herein described real property;
~O\V, THEREFORE BE IT ORDAINED BY THE BOARD OF COG'NTY
COM:v1ISSIONERS OF COLLIER COUNTY. FLORIDA:
SECTION ONE:
The Zoning Classification of the herein described real property located in Sections 3 and 4,
TownshlP 51 South, Range 26 East. Collier County, Florida, is changed from "PuTI" to "PUD"
Planned Unit Development in accordance with the PG'D Document, attached hereto as Exhibit "A",
which is incorporated herein and by reference made part hereof. The Official Zoning Atlas Maps
numbered 1603~, 1603S and 1604N, as described in Ordinance Number 91-102, the Collier
County Land Development Code, are hereby amended accordingly.
SECTION TWO:
Ordinance Number 96-79, as amended, known as the Eagle Creek PUD, adopted on
December 10.1996, by the Board of County Commissioners of Collier County, is hereby repealed
in its entirety.
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SECTIO:'< THREE:
This Ordinance shall become effective upon filing with the Department of State.
, 2001.
PASSED Aj\oTI DeL Y ADOPTED by the Board of County Commissioners of Collier
County, Florida, this _ day of
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
JAMES D. CARTER, PhD.. Chairman
Approved as to Fom] and
Legal Sufficiency
~larJorie M. Student
Assistant County A.nomey
FR-:m
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PI. 22 J;
EAGLE CREEK COUNTRY CLUB
A
PLANNED UNIT DEVELOPMENT
Prepared for:
EAGLE CREEK PROPERTIES, INC.
PREP ARED BY:
WILSON, MILLER, BARTON & PEEK, INC.
WilsonMiller, Inc.
3200 Bailey Lane at Airport Road
Naples, Florida 34105
Nov@mb@r, 1996
July, 2001
R@'/isions:
S@ction 1.01
Section 1. 02, H@m 4
S@ction 2.06
Section 2.07
Section 3.02
Section 3.07, lt€ffiS C.3. and D.
DATE ISSUED:
DATE .^.PPROVED BY CCPC: No\'. 21,1996
DATE APPROVED BY BCC: 10/1/85
ORDINANCE NUMBER: 85-52
DATE REVISED: 12/17/91
ORDINANCE NUMBER: 91-113
DATE REVISED: 12/10/96
ORDINANCE NUMBER: 96- 79
DATE REVISED:
ORDINANCE NUMBER:
EXHIBIT "A"
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SECTION I
GENERAL DEVELOPMENT INFORMATION
1.0 I INTRODUCTION AND PURPOSE
It is the intent of Eagle Creek Properties, Inc.~ hereinafter called "applicant" or
"developer"; to establish and develop a Planned Unit Development (PUD) on
approximately 298:t acres of property located in Collier County, Florida.
It is the purpose of this document to provide the required standards and to set forth
guidelines for the future development of the subject property.
1.02 STATEMENT OF COMPLIANCE
The development of approximately 298:t acres of property in Sections 3 and 4, Township
51 South, Range 26 East, Collier County, Florida, as a Planned Unit Development, will
be in compliance with the planning goals and objectives of Collier County as set forth in
the Growth Management ComprehEmsiY€l Plan. The residential development and
associated recreational facilities of Eagle Creek will be consistent with the growth
policies, land development regulations and applicable Comprehensive Plan Documents
for the following reasons:
I. The Eagle Creek development is compatible and complimentary to the
surrounding land uses.
2. Improvements are planned to be in compliance with applicable regulations.
3. The Eagle Creek development will result in an efficient and economical extension
of community facilities and services.
4. Policy 5.1 of the Collier County Growth Management Plan states that changes to
Planned Unit Developments which have been determined to be "improved",
provided those changes do not represent an increase in the density or intensity of
use, shall also be deemed consistent. Section 5.9 states that properties which do
not conform to the Future Land Use Element but are improved shall be deemed
consistent with the Future Land Use Element. This PUD meets this standard.
The Eagle Creek PUD, with a proposed maximum gross project density of 1.58
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units per acre does not exceed the maximum allowable density of 3 units per acre,
permitted by the Future Land Use Element.
Words underlined are additions; words struck tru-ough are deletions.
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SECTION II
PROJECT DEVELOPMENT STANDARDS
2.01 PURPOSE
The purpose of this Section is to generally describe the plan of the development and
delineate the general conditions that will apply to the project.
2.02 GENERAL PLAN OF DEVELOPMENT
Eagle Creek is a planned residential community, which includes a mixture of residential
uses, a golf course, tennis center, and preservation areas.
2.03 COMPLIANCE WITH APPLICABLE ORDINANCES
Eagle Creek is intended to be in substantial compliance with the applicable Collier
County general zoning and subdivision regulations as well as other provisions of the
Collier County Land Ddevelopment ~Gode5 in effect at the time permits and/or plats are
requested.
2.01 FRACTIONALIZATION OF TRACTS
a.) 'Alben the developer sells an entire Tract or a building parc@l (fraction of a.Tract) to a
subseqmmt O\'\'TI@r, or proposes de'/@lopm@nt of such property himself, the developer
shall provide to the Administrator for approval prior to the sale or de'lelopm@nt of
such property, a boundary dra')/ing sho'Ning the tract and the building parc@l therein
('",h@n applicabl@) and in the cas@ of a residential area, the number of d\v@lling units
of each residential type assigned to the property.
b.) In the ev@nt any R@sidl:mtial Tract or building parcel is sold by any subsequent owner,
as identified in S@ction 2.04(a), in fractional parts to other parties for development,
the subsequent owner shall provide to the p~dministrator, for appro':al prior to the sale
or d@velopm@Rt of a fractional part, a boundai')' dra'Ning showing his originally
purchas@d tract or building parc@l and the fractional parts therein and the number of
dwelling units assigned to @acR of the fractional parts.
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The dra-wings shall also show the location and siz.@ of acc@ss to those fractional parts
that do not abut a public street.
c.) The deW@loP@r~of any Tract or b\lilding parc@l must subrn~~~ ~h@ t~II}@ of apphcatien
::-,,:~~;:::;, : ~.lail.d plot plan fe, \li, lra.t or parcel. S""h plol p~" s~~
~._......~____~__~~ 1 c~tlon of all bUlldmgs, acc@ss roads, offstr@@t P~~I~~ ~~~
::=I-:i~ ::s, ,.f.s. aad s.,\'ice ar.as, roq.irod yards aad oth., opea 'f~:"~'
~:'i:: :: ::;;;::k "P, ,_.nmg aad hllff.ring: sign', lighting, I~::,:,:,:
___. ___@_-_c~________ ~____ and structures and m n'lsId@ntlal ~r~~s, ~he dlstnbutlOn of
dwelling units among the proposed structur@s, as may be appropriate.
d.) :::::I:ting tho f,..tion.lization plaas tho Adll'linislfate,'s ~~s:~:~ ::1 :
~::::I. ~~.i h; :: =pli..... with Ihe c,ilori. and th. d<volopmont intont as ..,;
::" ;::.: 0_ , ferman.. WIth .Ilow.hl. ...mh." of ,.sld.nll.1 ""lis aad
~ s bI; ;~~~sibility of the fractional parts to public or private roadways.
common areas, or other means of ingress and egress.
e) If approval or denial is not issued within ten (10) working days, the submission shall
be considered automatically approved.
~ SITE PL^.N /\PPROVAL
When site plan appro'/al is desired or requin~d by this document, the follo'.ving procedure
shall b@ followed:
~:t';.=~:; :' :~ ;: :i.p,o'l.1 shall h. ,ooll'litt.d to the Dir..ter f~ ~~~:~:~ ~:
::':1. ;;:. .. , .~u mat.nal, n..."ary to ooll'lonWal< that tho ~:~~~f
~: ::::r-::. ~:-~n in h_lOny wilh tho g.n.,.1 inlOnt and PlHflo" ~;.~ <lo.u_nt.
c I y 1 elude, but IS not l1mIted to the followmg, '-"'here apphcable:
A) :~~e ~~n.'-:~:G::r~at. G.a1. showing prupo,.d pla<.~t ~~ :::s ~::
p ./~ P 1 mgn~ss and egress, offstreet parkmg and effstfe@t leaemg
areas, yards and other open spac@s.
B) Plans shov:ing proposed locations for utility hookl::lps.
C) Plans for screening and buffering.
D) Plans for proposed signs and lighting.
Words underlined are additions; words struck through are deletions.
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E) In the case of clust@r@G buildings and/or z@ro lot line homes with common
archit@ctural theme, r@quir@G property G8v@lopm@Ht stanGarGs may b@ waived or
r@duc@d proviG€d a site plaR is approv@G unGer this s@ction.
~ 2.04 LAND USE DISTRIBUTION AND DENSITY
Eagle Creek consists of residential development tracts, a golf course, cypress and
mangrove preserve tracts, and a tennis center. The maximum number of dwelling units to
be built on the total ::lcreage is 470. The number of dwelling units per gross acre is
approximately 1.58. The density on individual parcels ofland throughout the project may
vary according to the type of housing placed on each parcel of land.
The following table is a schedule of the intended land use types, with approximate
acreages indicated. The arrangement of these land use types is shown on the PUD Master
Plan. Minor changes and variations in design and acreages shall be permitted at final
design to accommodate topography, vegetation and other site conditions.
APPROXIMATE LAND USE DISTRIBUTION
LAND USE
DESIGNATION
APPROXIMA TE
ACREAGE*
RESIDENTIAL
Tract A
Tract Bl
Tract B2
Tract B3
Tract B4
Tract B5
Tract C
Tract D
Tract E
Tract F
Tract G 1
Tract G2
Tract M
Total Residential
2-3
3.5
3.0
2.0
2.0
6.0
4.0
18.0
21.0
11.0
8.5
3.5
3.0
13.0
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GOLF COURSE
Tract Golf Course East
Tract Golf Course West
Tract H
Tract CH
Total Golf Course
70.5
66.0
7.0
.22
149.0
CYPRESS PRESERVE
MANGROVE PRESERVE
TENNIS CENTER, Tract I
TRACT R
DRAINAGE EASEMENT
North Tract
South Tract
East Tract
Total Drainage Easement
11.0
1.0
4.5
7.5
2.5
17.5
6.5
26.5
TOT AL EAGLE CREEK ACREAGE
* Acreages have been rounded to the nearest .5 acre.
298:t Acres
:J-..G+ 2.05 PERMITTED V ARIA TIONS OF DWELLING UNITS
Permitted residential unit types may be mixed within &residential +!racts provided that
the total number of dwelling units shall not exceed 470.
~ 2.06 RESERV A TION OF NATURAL VEGETATION AND TREE REMOV AL
Clearing, grading, earthwork, and site drainage work shall be performed in accordance
with the approved PUD Master Plan and applicable Collier County Development Codes.
~ 2.07 EASEMENT FOR UTILITIES
Easements shall be provided for water management area, utilities and other purposes as
may be needed. Said easements and improvements shall be done in compliance with the
Collier County Subdivision Regulations, or its successor provision.
All necessary easements, dedications, or other instruments shall be granted to insure the
continued operation and compliance with applicable regulations in effect at the time
approvals are requested.--- ~"'TE.M-
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bJ-G 2.08 TEMPORARY STRUCTURES
During project construction temporary structures are permitted within all tracts of Eagle
Creek. Said structures may be utilized as temporary administrative offices, temporary
sales offices, temporary pro shop, temporary construction offices and other similar uses.
~ EXCEPTIONS TO THE COLLIER COUNTY SUBDIVISION REGUL:\TION, OR ITS
SUCCESSOR PROVISION
The following requirement shall be wai'/@d: .^.rticl@ X, Section 16: Sidewalks (Wai':e
requirement for sid€v:alks on both sides of all coll@ction streets, on one side of @ach
marginal a...ss "root llfId 10.a1 'tr~.t). Walkway a.dlor bicycl. path lo.ati~,: :~~ ~
indicated on the project construction plans when those are submitted to the u t: [. r
appro':al.
~.rticl@ X, Section 19: Street Nam@ Mark@r.s and Traffic Control Devices. Str@~ ~~e
SIgns shall bo a~pFO".d by tho County Engl...r hut Rot Aleet tho U.~.D.O.T.:.~~.. .~..
Manual on Uniform Traffic Control D@vices. Street paYement painting, stri i , a d
reflective edging requirements shall b@ waived.
.^.rticle XI, Section I 0: ~\'fonuments where such monuments occur 'Nithin street pa\'ement
areas, the)' shall be installed in a typical water valve cOYer, as prescribed in the current
County standards.
.\rticle XI, Section 17F & G: Street right of 'Nay and Pa....ement 'Nidths. For street right
of way and pa':ement cross section s@@ Construction Dra'A'ings, WMBS&P No. D2M.
Articl@ XI, S@ction 17H: D@ad EFld Streets. SUCR streets ::;hall not exceed one thousand
(1,000) feet in length.
Article XI, Section 171: Curb Radii. (\Vaiv@ r@quin~ment for forty (40') foot radius to
thirty (30) feet at local to local road int@rs@ctions only).
Articl@ XI, S@ction 17 J: Int@rs@ctiofls r@'luiring curv@d streets to have a miflimum tangent
of one hundred (100) feet at int@rs@stions.
p.rticl@ XI, S@ctiofl 17K: R@v@rs@ Curv@s. Tang@nts bet'N@en curv@s on all streets shall
be at least Ofle hundred (I 00) f~@t in length.
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Artic!@ XI, S@ction 21: Utility Casings.
App@ndix "D", Lecal Road Typical S@Cti0IlS.
Words underlined are additions; words struck through are deletions.
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SECTION III
RESIDENTIAL DEVELOPMENT
3.01 PURPOSE
The purpose of this Section is to set forth the regulation for the area designated on the
PUD Master Plan, as Residential. (Tracts A, Bl, B2, B4, B5, C, 0, E, F, Gl, G2, and
M).
3.02 MAXIMUM DWELLING UNITS
A maximum of 470 dwelling units may be constructed in all of the ~esidential parcels.
3.03 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Principal Uses and Structures in Tracts A, B I, B2, B3, B4, B5, C, 0, E,
F, Gl, G2 and M:
I. Zero lot line homes, detached and attached.
2. Villas, cluster homes and townhouses.
3. Low rise multi-family dwellings and garden apartments.
B. Permitted Accessory Uses and Structures in all Residential Tracts:
I. Customary accessory uses and structures, including but not limited to private
garages and private swimming pools.
2. Signs as permitted by the Collier County Zoning Ordinance, or its successor
provision in effect at the time permits are requested.
3. Model homes shall be permitted in conjunction with the promotion of the
development. Such model homes shall be permitted for a period of two (2)
years from the initial use as a model. The Development Services Director
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Administrator may authorize the extension of such use upon written request
and justification.
3.04 DEVELOPMENT STANDARDS
The following Sections 3.05, 3.06 and 3.07 set forth the development standards for
permitted uses within Eagle Creek Country Club. Standards for landscaping, signs,
parking and other land uses not specified herein are to be in accordance with Collier
County Zoning Regulations in effect at the time permits are requested. Unless otherwise
indicated, setback, height, and floor area standards apply to principal structures.
3.05 ZERO LOT LINE DEVELOPMENT
A. Minimum Lot Area
Six thousand (6,000) square feet
B. Minimum Lot Width
Fifty-five (55) feet as measured at the front yard setback line.
C. Minimum Floor Area
One thousand (1,000) square feet
D. Minimum Yards
Front yard _ 20 feet as measured from the back of curb or edge of pavement.
Side yard - 0 feet or 10 feet
Rear yard _ 0 feet or 20 feet for principal structure, 0 feet for accessory structures
except that accessory structures in Tracts 'F' and 'K' along the PUD boundary shall
comply with the requirements as listed in the Zoning Ordinance. Residential
structures may be constructed over water management/lake areas.
E. Maximum Building Height
Two living stories
Words underlined are additions; words struck through are deletions.
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3.06 VILLA, CLUSTER HOME AND TOWNHOME DEVELOPMENT
A. Minimum Building Parcel
The minimum building parcel shall be three thousand (3,000) square feet
multiplied by the number of units on the parcel.
B. Minimum Floor Area:
Nine hundred ('/00) square feet.
C. Minimum Distances
I. The minimum distance of any dwelling unit from any fractionalization parcel
boundary line, right-of-way line, back of curb or edge of pavement shall be
twenty (20) feet. Residential structures may be constructed over water
management/lake areas.
2. The minimum distance between principal structures shall be either 0 feet or 10
feet.
3. There are no mInImUm distances for accessory structures, except that
accessory structures in Tracts 'F' and 'M' along the PUD boundary shall
comply with the requirements as listed in the Zoning Ordinance.
D. Maximum Building Height
Two living stories
3.07 LOW RISE AND GARDEN APARTMENT DEVELOPMENT
A. Minimum Building Parcel
The minimum building parcel shall be one acre.
B. Minimum Floor Area
Seven hundred twenty five (725) square feet.
Words underlined are additions: words struck through are deletions.
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C. Minimum Distances
1. The minimum distance of any low rise or garden apartment building from any
fractionalization parcel boundary line, right-of-way line, back of c'lrb or edge
of pavement shall be fifteen (15) feet. Residential structures may be built over
water management/lake areas.
2. The minimum distance between principal structures shall be one half (1/2) the
sum of their heights, except in Tract 'M-2', where it shall be thirty feet (30')
3. There are no minimum distances for accessory structures, except that
accessory structures in Tract 'M-2', as shown on Exhibit B, along the PUD
boundary shall be ten feet (10'), and Tracts 'F' and 'M-l' along the PUD
boundary shall comply with the requirements as listed in the Zoning
Ordinance, or its successor provision.
D. Maximum Building Height
Three living stories.
Four living stories in Tract 'M-2', as shown on Exhibit B.
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SECTION IV
GOLF COURSE
4.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated on the
PUD Master Plan, as Golf Course, to include Tracts "GC East", "GC West", "CH" and
"H".
4.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
A. Permitted Uses in Tracts "GC East", GC West" and "CH".
I) Golf Course
2) Clubhouses, pro-shop, practice driving range and other customary
accessory uses of golf courses.
3) Small commercial establishments, including gift shops, golf equipment
sales, restaurants, cocktail lounges, and similar uses, intended to
exclusively serve patrons of the golf course, subject to the provisions of
the applicable supplementary regulations of the Zoning Ordinance, or its
successor provision.
4) Signs as permitted by the Collier County Zoning Ordinance, or its
successor provision.!. in effect at the time permits are requested.
5) A maximum of two (2) residential units in conjunction with the operation
of the golf course as determined to be compatible with the adjacent uses as
determined by the Development Services Director Administrator.
6) Golf Course maintenance.
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7) Esstmtial s@rvic@s, incltlding OR site water and washnvater treatment
faciliti@s Self storage facility and related accessory structures for the
exclusive use of Eagle Creek residents.
8) Water Management/Lakes.
B. Permitted Uses in Tract H.
1) Golf Course driving range
2) Any residential use permitted under Section III of this document.
3) Signs as permitted by the Collier County Zoning Ordinance, or its successor
provision, in effect at the time permits are requested.
Words underlined are additions; words struck throtlgh are deletions.
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SECTION V
TENNIS CENTER
5.01 PURPOSE
The purpose of this Section is to set forth the regulations for the areas designated on the
PUD Master Plan, as the Tennis Center.
5.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1) Tennis Gflubhouse, pro shop, tennis center accessory buildings and other customary
uses associated with recreation centers.
2) Small commercial establishments, including gift shops, tennis equipment sales.
restaurants, cocktail lounges, and similar uses, intended to exclusively serve patrons
of the +!ennis G~enter, subject to the provisions of the applicable supplementary
regulations of the Zoning Ordinance, or it successor provision.
3) Shuffleboard courts, tennis courts, swimming pools, beaches, and other types of
facilities intended for recreation.
4) Signs as permitted by the Collier County Zoning Ordinance, or its ?uccessor
provision, in effect at the time permits are requested.
5) Water Management/Lakes.
Words underlined are additions; words struck tlH'ough are deletions.
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5.03 PROPERTY DEVELOPMENT CRITERIA
A. Overall site design shall be harmonious in terms of landscaping, enclosure of
structures, location of access streets and parking areas and location and treatment of
buffer areas.
B. Tennis Courts shall be 5@tback set back a minimum of five (5) feet from abutting
Residential Tracts. The Tennis Center principal building shall be set back a minimum
of thirty (30) feet from abutting Residential Tracts. Tennis ~enter accessory
buildings shall be set back a minimum of ten (10) feet from abutting Residential
Tracts. The tennis center building setbacks shall be measured from the buildings,
exclusive of any roof overhang or decking, to the tract boundary. The +!ennis
G~enter structures may be constructed over water management/lake areas.
C. Buildings shall have a maximum height of three stories.
D. The minimum building separation shall be one-half the sum of the heights of
adjoining buildings, but not less than twenty (20) feet.
E. Lighting shall be arranged in a manner which will protect roadways and neighboring
properties from direct glare or other interference.
Words underlined are additions; words struck through are deletions.
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SECTION VI
PRESERVE AREAS
6.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated on the
PUD Master Plan, as Cypress Preserve and Mangrove Preserve.
6.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used. in whole or in part. for other than the following:
I. Nature trails, boardwalks, shelters, etc.
2. Nature preserves and wildlife sanctuaries.
3. Water Mmanagement P:facilities.
4. Any other activity \vhich is comparable in nature with the foregoing uses and which
the Development Services Director Administrator determines to be compatible in the
District.
Words underlined are additions; words struGk tlH-o\:lgh are deletions.
6-1
AGENDA 11 do4
- /"
No. .
~\
7I3!{I!.96092 Ver OJ '-MPERRY
NOlI8-016..OOI.PWRK.2580fl
SEP ? 5 2001
PI.51
SECTION VII
DRAINAGE EASEMENT
7.01 PURPOSE
The purpose of this Section is to set forth the regulations for the area designated as
Drainage Easement.
7.02 PERMITTED USES AND STRUCTURES
No building or structure, or part thereof, shall be erected, altered or used, or land or water
used, in whole or in part, for other than the following:
1. Water Management/lakes
2. Canals
3. Water Management Structures
4. Bridges
5. Structures to facilitate access to Rresidential +tracts.
- -
Words underlined are additions; words struck through are deletions.
AuiJ..;JI-. 1'i;.M
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No._' \
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7-1
SEP 2 5 2001
P&.5~
1/JXll.96n<J2 Ver (J II.MPERRY
NOI18-l1~6..001-P"""RK.2~80()
SECTION VIII
GENERAL DEVELOPMENT COMMITMENTS
8.)1 PURPOSE
The purpose of this Section is to set forth the standards for the development of Eagle
Creek.
8.02 FIRE PREVENTION
The Development shall comply with applicable codes and regulations.
8.03 DEVELOPMENT PLAN
A. The PUD Master Plan (Wilson, Miller, Barton, Soll & Peek, Drawing File No. RZ-
117a) is an illustrative preliminary development plan.
B. The design criteria and layout illustrated in the PUD Master Plan shall be understood
as flexible so that the final design may best satisfy the project and comply with all
applicable requirements.
C. Minor design changes, shall be permitted subject to County staff administrative
approval.
8.04 ENVIRONMENTAL CONSIDERATIONS
A. A site clearing plan be submitted to the Community Development and Environmental
Services Division Natural Resol:H'()@s Manag@ment Department and th@ Community
Development Di':ision for their review and approval prior to any substantial work on
the site. This plan may be submitted in phases to coincide with the development
schedule. The site clearing plan shall clearly depict how the final site layout
incorporates retained native vegetation to the maximum extent possible and how
roads, buildings, lakes, parking lots, and other facilities have been oriented to
accommodate this goal.
8-1
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...... "
SEP 2 5 2001
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Words underlined are additions; words struck thro\:lga are deletions.
1fJ!fll.9(..092 Yer OI'.MPERRY
NfllIR~n6..oOI.PWRK.258()fl
8. Native species shall be utilized, where available, to the maximum extent possible in
the site landscaping design. A landscaping plan will be submitted to the Community
Development and Environmental Services Division Natural R@sourc@s Manag@mtmt
R:partm@flt and the Community D@v@lopm@nt Division for their review and approval.
This plan will depict the incorporation of native species and their mix with other
species, if any. The goal of site landscaping shall be the re-creation of native
vegetation and habitat characteristics lost on the site during construction or due to
past activities.
C. All exotic plants, as defined in the County Land Development Code, shall be removed
during each phase of construction from development areas, open space areas, and
preserve areas. Following site developmentl a maintenance program shall be
implemented to prevent reinvasion of the site by such exotic species. This plan,
which will describe control techniques and inspection intervals, shall be filed with
and approved by the Community Development and Environmental Services Division
Natural R@sourc@s Manageme~t Department and the Community D@velopment
Division.
D. If during the course of site clearing, excavation, or other constructional activities, an
archaeological or historical site, artifact, or other indicator is discovered, all
development at that location shall be immediately stopped and the Community
Development and Environmental Services Division Natural R@sources Manag@ment
D@partment notified. Development will be suspended for a sufficient length of time
to enable the Community Development and Environmental Services Division Natural
Resourc@s Manag@m@nt Departm@nt or a designated consultant to assess the find and
determine the proper course of action in regard to its salvageability. The Community
Development and Environmental Services Division Natural R@sourc@s Manag@m@nt
D€partmeflt will respond to any such notification in a timely and efficient manner so
as to provide only a minimal interruption to any constructional activities.
8-2
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No. ~'~L::
SEP 2 5 2001
Pi.S tf
Words underlined are additions; words struck thro\:lgh are deletions.
iI3KlI-96092 Ver: on.MPERRY
NOI18.(n6-Olll.PWRK.2~80()
8.05 UTILITIES
a. A central water supply system shall be made available to the project. The water
supply source for the project shall be the Collier County system.
b. The project shall be served by a central wastewater collection system. A County
approved, on-site or off-site wastewater treatment and disposal facilities shall be
approved and/or made available.
c. All systems shall be coordinated and approved by the Utilities Division prior to
their installation.
d. Applicable County Ordinances relative to water and sewer system development
charges shall be complied with.
e. Utilities shall be provided to comply with applicable Ordinances in effect at the
time permits requested.
f. Construction plans and specifications shall be submitted to the County Utility
office prior to the start of any utility construction.
g. Appropriate utility easements shall be created and/or dedicated as may be required
by applicable regulations.
h. Telephone, power and T.V. cable service shall be made available to all residential
units. All such utility lines shall be installed underground. .
1. The Utilities Division stipulation per their memo dated July 9, 1985 are
incorporated herein by reference.
8.06 TRANSPORTATION IMPROVEMENT
1. Subject to F.D.O.T. approval, the developer or his successor in title shall provide the
following at his own expense: A traffic signal on S.R. 951 when deemed warranted
by the County Engineer. After installation, the signal shall be owned, operated, and
maintained by Collier County.
8-3
_. AuU~I~_-1
N :..cr
SEP 2 5 2001
pi.55
Words underlined are additions; words stru0k through are deletions.
7nhll.96092 Ver fll'.MPERRY
NOI18..o]6~)(lI.PWR.K.BIW(l
2. The developer shall dedicate a thirty (30) foot wide right-of-way easement, if such
easement does not already exist, measured from the centerlines of the portions of
Barefoot Williams Road and Tower Road which abut Eagle Creek.
3. All traffic control de\lces used, excluding street name signs, shall conform with the
Manual on Uniform Traffic Control Devices.
4. If, at the time of 4 four-Ianing of S.R. 951, additional right-of-way is required from
the Eagle Creek property, the amount of right-of-way to be dedicated for the four-
laning of S.R. 951 shall be determined as follows: If an urban section is to be
constructed (curb and gutter with storm drainage system), the Petitioner will dedicate
40 feet of right-of-way; if a rural section is to be constructed (swales and drainage
ditches), the Petitioner will dedicate 40 feet of right-of-way and shall make available
for purchase at fair market value an additional 45 feet of right-of-way.
8.07 FIRE STATION CONSIDERATIONS
The Developer, in conjunction with the Deltona Corporation and the GQwner of the
Riverbend development to the south of Eagle Creek, agrees to provide a fire station
building erected to the specifications of the East Naples Fire Department.
The contribution of Eagle Creek Properties, the Deltona Corporation and the owner of
said Riverbend development is described by written agreement.
The fire station building shall be constructed prior to the issuance of any residential living
unit Certificate of Occupancy or any commercial Certificate of Occupancy within Eagle
Creek except that Certificates of Occupancy may be issued for Eagle Creek's
maintenance building and for Eagle Creek's model home units prior to the construction of
the fire station. Building permits for Eagle Creek may be issued prior to the construction
of the fire station building.
8-4
A~~ 1,1 i:..M
No. i:J;1
SEP 2 5 2001
pa.5~
,
Words underlined are additions; words struck tAr0ugh are deletions.
'1f1~)J-'%O'-n Ver. 1l11~MP'ERR.Y
Nlllls..;:nb..()(l!-pWR,K.15IW(1
8.08 WATER MANAGEMENT
An updated water management analysis of the entire drainage system serving the
proposed Tract 'M' shall be subuitted to the Water Management Engineering Services
Director for review and approval. No Gfonstruction permits shall be issued unless and
until approval of the proposed construction, in accordance with the submitted plan, is
granted by the County Engineer.
8.09 ELECTIONS POLLING PLACE
Eagle Creek shall provide a polling place within the Eagle Creek PUD. primarily for the
Eagle Creek residents, if determined to be needed by the Supervisor of Elections.
8.10 MONITORING REPORT
An annual monitoring report shall be submitted pursuant to Section +-2+k. 2.7.3.6. of the
Collier County Land Development Code Zoning Ordinanc@ 82 2, or its successor.
Words underlined are additions; words struck throl:lgh are deletions.
71311'1I-W:;092 Yo-- H]I.MPERRY
NOJ 18~J6..()(JI.PWRJ<_2n()()
8-5
A::..c:NO~T '-M
~ ,-
No. "t
SEP 2 5 2001
PI.51
~..~-
EXECUTIVE SUMMARY
,-
APPOINTMENT OF MEMBER(S) TO THE COLLIER COUNTy PLANNING
COMMISSION
OBJECTIVE: To appoint 3 members, representing Commission Districts 1,3, and 5, expiring
on October 1, 2005 to the Collier Comty Planning Commission.
CONSIDERATIONS: The Collier County Planning Commission has 3 terms expiring on
October 1,2001 representing Commission Districts 1,3, and 5. This 9-member committee
assists in the formulation and review of the Comprehensive Land Use Plan, Land Development
Code, and amendments to both, and then submits their recommendations to the Board for final
decision. Members are required to file a Form I, Statement of Financial Interest each year with
the Supervisor of Elections. Tenns are 4 years. A list of the current membership is included in
the backup.
On October 1,2001, the terms for Michael Pedone (Commission District I), Russell A Budd
(Commission District 3), and Russell A. Priddy (Commission District 5) will expire. A press
release was issued and resumes were received from the following 7 interested citizens:
APPLICANT
CATEGORY
llffi! ELECTOR ADV. COMM.
,,--'
Richard F. Lefebyre Commission District 1 1 Yes None
Lindv Adelstein Commission District 1 1 Yes None
Joseoh Swaia Commission District 1 1 Yes None
Russell A. Budd Commission District 3 3 Yes CCPC
Peter Lehmann Commission District 5 5 Yes Code Enforcement Adv. Board
Joseph S. Boggs Commission District 5 5 Yes Rural Lands Assessment Area
Oversi~ht Committee
Paul Midney Commission District 5 5 Yes None
Fred Thomas Commission District 5 5 Yes Immokalee EZDA
Lake Trafford Restoration Task
Force
Rural Lands Assessment Area
Oversight Comm ittee
NOTE: Ordinance No. 86-41, Section Five, states, "No person shall serve on more than 2
county boards simultaneously. If application is made for service on a third Board, the applicant
must resign simultaneously from one ofhis or her current Board positions, or the application for
the third Board shall be disqualified." According to my records Mr. Fred Thomas currently
serves on 3 advisory committees.
NOTE: Section Seven (b.) (1) of Ordinance 86-41 states "Terms of office for Board members
shall be limited to two consecutive terms of service on anyone Board. . ." Under (3) of the same
section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in
subsection (b) (1) above may be waived". According to available records, Russell Budd has
served 2 4-year terms on the Collier County Planning Commission. Should the Board wish to re-
appoint Mr. Bud~ the limitations on two consecutive terms will need to be waived.
r--
AGENDA IJfM
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COMMITTEE RECOMMENDATION:
No Recommendation
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the requests for
appointment to the Collier County Planning Commission, appoint 3 members representing
Commission Districts 1,3, and 5, and direct the County Attorney to prepare a resolution
confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: SEPTEMBER 25,2001
~
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AGENDA ITEM n___~
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Memorandum
To:
Sue Filson, Administrative Assistant
Board of County Commissioners
From:
Susan Murray, AICP, Current Planning Manager
Date:
August 28, 2001
Re;
CCPC Vacancies
As an advisory board which makes decisions on quasi-judicial land use petitions, the
Collier County Planning Commission voted unanimously against making
recommendations for specific applicants to fill vacancies on the Planning Commission.
Based on my review ofthe attached resumes and back up material, all ofthe candidates
appear qualified, provided all reside within the appropriate commission district
boundaries. I have attached spreadsheet summarizing pertinent information for each of
the applicants.
cc: John M. Dunnuck, III, Interim Administrator
Community Development & Environmental Services Division
Tom Kuck, P.E. Interim Director
Planning Services Department
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Collier County Planning Commission
Name
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt lndExpDate 2nd Term
Ms. Lora Jean Young
1268 N. Collier Boulevard
Marco Island, FL 34145
District: I
Category: Commission District
Mr. Russell A. Budd
5981 14th Avenue, N.W.
Naples, FL 34119
District: 3
Category: Commission District
Mr. David J. Wolfley
4250 1st Avenue, N.W.
Naples, FL 34119
District: 3
Category: Commission District
Mr. Kenneth L. Abernathy
4200 Belair Lane, Apt. 108
Naples, FL 34103
District: 4
Category: Commission District
Mr. Russell A. Priddy
13213 C.R. 858
Immokalee, FL 34143
District: 5
Category: Commission District
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Mr. Gary Wrage
11023 Linnet Lane
Naples, FL 34142
District: 5
Category: Commission District
........,".-
Wednesday, May 23, 2001
642-5925
09/12/00
643-6527 09/21/93
594-3012 09/23/97
455-2363 OS/22/01
455-6116
263-4295
657-6661
657-3171
592-6154
09/29/99
09/23/97
11105/96
09fl6/00
Page 1012
1 % 1/03
10/01/97
10/01/01
1 % 1/03
10/01103
10/01101
1 % 1/00
10/01104
3 Years
4 Years
4 Years /
2 Years +
4 Years
4 Years
,//
4 Years
4 Years
r- AGENDA IJEM > 1.,'.
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Collier County Planning Commission
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Mr. Dwight Richardson 11/14/00 10/01/04 4 Years
725 101st Avenue, North 594-5341
Naples, FL 34108
District: 2
Category: Commission District
Ms. Joyceanna J. Rautio 591-1130 09/29/99 10/01/00 1 Year
10261 Windsor Way 592-7530 09/26/00 10/01/04 4 Years
Naples, FL 34109
District: 2
Category: Commission District
Mr. Michael Pedone 774-3343 07116/96 10/01/97 1 Year
51 74 Mabry Drive 775-1158 09/23/97 10/01/01 4 Years ,/
Naples, FL 34112
District: 1
Category: Commission District
This 9 member committee was created by authority of Chapter 67-1246, Laws of FL. On
09/03185 the BCC adopted Res. No. 85-190, expressing intent to consider an ordinance
consolidating functions of Coastal Area Planning Commission and Immokalee Area Planning
Commission into CCPC. On 09/24/85, Ord. No. 85-51 created the CCPC, which was repealed
by LDC Ord. 91-102. This committee assists in the formulation and review of the
Comprehensive Land Use Plan, Land Development Code, and amendments to both, and then
submits their recommendations to the Board for final decision. Members are required to file a
Form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are 4
years.
FL STAT
Staff: Robert Mulhere, Planning Services Director:: 403-2300
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Wednesday, .l{ay 23, 2001
Page 20f2
DATE:
August 20, 2001
MEMORANDUM
---.".-,
Vinell Hills, Elections Office Jkl L
Sue Filson, Administrative Assistan ~
Board of County Commissioners
TO:
FROM:
RE:
Voter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for appointment
to one of the county's advisory committees. Please let me know if those listed below are
registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
CCPC
Richard F. Lefebvre
4412 Beechwood Lake Drive
Naples, FL 34112
Lindy M. Adelstein
239-1 Pahn Drive
Naples, FL 34112
Joseph B. Swaja
460 Battersea Court
Marco Island, FL 34145
Peter Lehmann
67 Johnny Cake Drive
Naples, FL 34110
Joseph S. Boggs
2421 23rd Street, S.W.
Naples, FL 34117
Paul Midney
1807 Roberts Avenue
Immokalee, FL 34142
Fred N. Thomas, Jr.
1205 Orchid Avenue
Immokalee, FL 34142
Thank you for your help.
COMMISSION DISTRICT
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MEMORANDUM
DATE:
August 20, 2001
TO:
Susan Murray, Interim Current p~Manager
Sue Filso~ Administrative Assistan ~
Board of County Commissioners l-
FROM:
RE:
Collier County Planning Commission
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Richard F. Lefebvre
4412 Beechwood Lake Drive
Naples, FL 34112
Lindy M. Adelstein
239-1 Palm Drive
Naples, FL 34112
Joseph B. Swaja
460 Battersea Court
Marco Island, FL 34145
Peter Lehmann
67 Johnny Cake Drive
Naples, FL 34110
Joseph S. Boggs
2421 23rd Street, S.W.
Naples, FL 34117
Paul Midney
1807 Roberts Avenue
Immokalee, FL 34142
Fred N. Thomas, Jr.
1205 Orchid Avenue
Irnmokalee, FL 34142
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's consideration.
Please categorize the applicants in areas of expertise.
774-8097.
If you have any questions, please call me at
,.,' . A"END' 1T1=;:;--1
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Thank you for your attention to this matter.
SF
Attachments
Application for Advisory CommitteeslBoards
v
l.ilr:
.~- ..
Collier County Board of Commi..ioners
3301 East TamiAmi Trail
Naples, FL 34112
(941) 774-3097
Fax: (941) 774-3602
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,2001
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Name: ,K lti.-J..t A R r'J r J...E.F 6 a 1/;;;, '=- BomePhoue:t-'1'y /j ?~<'-P6.v'~f:
Home Address: .t!'iJ. / 2 I?':Fr~l/ /'<(7,'''' /~, k"'i: r 4/l:ttf.r Zip Code: "5 9/ / ?_
Fax No. /:/-:11. BuiDess Pbone: /VA e-mail address:
~
--
Bui.oess: ."e' ~ .' I ,e F-D
Board or Committee Applied for:C") III ~ \- CD f) ()i Y PI Ct \) Y\ : ~
Category (if applicable):
~ ('-- . ''I)JIDWrid,Denlopcr,c:aYiI-- '~~Jay,....dc.
An: you a registered voter in Collier Coanty: Yes \ / No
y
- Do YOll currently hold public office? Yes No V
'f so, what is that oftlce?
c-() Y'h VY1 I S.s I:~ Y\ OL3 r ..1
.
Do you DOW serve. 01' have you. ever served. on a Collier COaJlty board or comm.iUee? Yes
If yes, please list the commiUeeslboards:
No ,;
'"
Please list your communitYldivities: civic clubs. neighborhood assodations. etc. and positions hd d:
. ~ -~'
I P;::" " J.c. /. ,
, r
Experience: 5' t:/ P,c /' VI Ju ..e crJ'.f II r,e> 1,Ft" <;' .P E. P A .~ ';-/"/J.-C'/;/?-
// r~(
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ClNUIIIy CI1~ 3301 East T.....-u Trail, N."Ia. FL 34112 You trMJ1 ftDC~ ~ lD (941)'774-36112 .."..,,;z. tD nutiJsD~O'UU!r_ ~
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Richard F. Leiebvre
4412 Beechwood Lake Dr
Naples, Florida 34112
Telephone: 941-775-8604
EDUCATION:
I have anended local schools completing 12 years.
Erv1PLOYMENT:
. ~ t " '. I'~
. ..~ , ..
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I retired from the New Haven County Sheriff Department in Connnecticut after 10 years of service
In 1995. I was also employed as sales manager for a ConnecHcut uniform company for 15 years. I was a
Meriden city constable for 12 years. My other employment was for a short time in construction. In my
most recent position I was a supervising deputy. My duties were instructing other deputies, perfoiiill....g
court security and transportation of prisoners.
1"I'f'4~'
CIV1C ORGANIZATION:
I am a Naples Elks Club member and also a member of the American Legion. Presently I am a board
member on the Lakewood Homeowners Association and past president. I am also a member of the Collier
'County Republican Executive Committee.
\\~Y:
~e"~ ~ my broad ex-perience in areas such as law enforcement, sales management, and
~ bave helped me to understand and relate to people in many different
situations. Also as a board member of the Lakewood Homeo'wners Association I am called to
re"ie\v applications for additions on homes and landscaping as it applies to our document.
'A:l
AGEND~!TEM q
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Application for Advisory CominitteeslBoards .
A' qr: i i ''OJ'1i
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Collier County Board of CoIDIDissioners
3301 East Tamiami Trail
Naples, FL 341U
(941) 774-3097
Fax: (941) 774-3602
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Name: Li~dl \ QdE-\ ~.q '\ rJ
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Home Address: :L..?J 9 -l \ YY\ . \ V F _
FaxNo.73.:2 - D~ 10 Ia Bu.tinessPhone:
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Board or Committee Applied for: C 0\ [I ~ i-
Home Phone: ~ i - '1 ?:> ::2,. - 0 ~ 10 to
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Zip Code: ~ I...J. I I ~
e-mail address: Ll n(1\ ~ cxl~ L CO? C-S--.. Corn
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Category (if applicable):
Example: r...._......1l DDiIid. DeftIopa-, aawir-~ t ..dlo..t.., pIlltlIDII. ca:..
.Are you a registered voter in Collier County: Yes V No
~- Do you curreut1y hold public office? Yes
If so, what is that ot!lce?
No V
Do you now serv~ or have YOQ eve.r served, on a QJDier County board or committee? Yes
If yes, pleue list the connni~eeslboanil:
No i/
activities: civic clubs, neighborhood a.u'ociatio~ de. and positions held:
+~
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E= rn
Educati..:~~.sk,r ~ I=r~ ~ ~st-IT' U=JcYI;, (J"iu.
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Plziutt atZiZdt any adJi:limuU. infannation YOIl fBd P"'""-1fL T1cis wi('nfton should be f~ to Su. Flkotl, A~ AnistlI1Il to ThB Bo<<rd of
COIUJIy CQ~, 3301 East Tami.tati Trail. NapIa, FL 34112 Y _ mq f= YOID' t:tpp/iI:.atimJ to (941)77+-3602 11I'..--m to su.efilson(@collien?ov.ner.
17rQl'lk y_ for yoiuntunng 10 :ten. lb..::itium afCoJJJ.er CoJUJty.
Lindy M Adelstein
239-1 Palm Drive
Naples Florida 34112
Phone 7320966
8/16/01
1 was born in Cleveland, Ohio on February 24th, 1934 and resided there until my
retirement on December 31, 1998 when my wife and I moved to Naples~ Florida.
After graduating high school, 1 attended Western Reserve University where I received my
Bachelor of Arts Degree in 1955. I then attended Law School at Ohio Northern
University where I received my 1. D. Degree in1958.
I served in the Army:iS a JAG and then went 011 to private practice in Clevehmd, Ohio
where I specialized in corporate law for 40 years. ~ly law practice \.....as all I could have
wanted it to be. It was not just my work. It was what I wanted to do. I served on, and
have been chairman of many conunittees and of many Boards. I served as a chairman of
the Selective Service Commission for Cuyahoga County Ohio for many years, and
performed other Government Services. I have received Letters of Commendation from
1\\10 Presidents of the United States.
Since my retirement in January of 1999, I have become a Guardian Ad Litem
representing children who have been physically or mentally abused. This past year I was
elected a Director of the Glades Country Club Associations Inc, a conununity of 1253
units.
I would like very much being appointed to the Collier County Planning Commission, and
I will do my best to be worthy of your selection.
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AUG-16-2001 03:03 PM JOE SWAJA
Au. J8 Dl D2112~ Sue Filson
.,41 3"4 4:5.,.,
(841J 774-888&
P.01
... 1
Application lor Ad\litory COlIIlIIlCteetlBoarcb
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AUC-16-2001 03:03 PM JOE SWAJA
'941 3'94 4:5'9'9
P.02
Jo..ph B. SWejl
P.O. Box 126
Pitta ford, No V.14534
(111) 314.4156
SUMMARY
ProfeaIaneI Objective: A senior executive po.ltlon within the printing and graphic communfcatlons
incilstry that wln challenge my management skills and leadership abilities.
Background Quallflc.tlon.: Over 30 years of lucc..'ul product management experience within the
printing and graphic communlcatlons industry.
. A reputation for developing and achieving strategic abJectlv..
. AecognlZId for a strong knowfedge of the proce..e. and organization required to develop,
manufacture, dl.trtbute. market, sen. service. and support complex pl'Dducts
. A proven ablllty to make a positive Impact to the bottam line
Plnlon.' Attributle: An actlon.mults orlented executlve focused on the "customer first" with:
. A hiOh energy work ethic
. Excellent problem IOIvlng sklna
. Demonstrated leadership of high performance wort< teams
. AppNca~on of quality principles built on CUltomer requirements
. Achievement of employee mc1lvatfon and sallsfaction
eXPERIENCE and ACHtEVEMENT
Xerox Corporation, RaehHtI" NY 8117 .
VIce PrMldent, Worldwide Cuatomet S.rvl~ . au.lns.. Group Support
Aepcrtld to Corporate Vice President of Worldwide CUltomer Service and to the President of Production
SystemS Group WIth responsibility for Business Group service programa and post aale revenue lnitlatlv8I
contributing S9 billion annu81 revenue.
. Devefop and manage BUllneu Group customer services strategies, programs, and proc8ls
. Develop and deliver breakthrough productlvlty programs leading to an 8% year over year Improvement
. Lead service councils to achieve coherence acro.. the spectNm of products and services
. Represent the service community on the Corporate SY'tem. Mana;tment Commlttel
. Developed the network services portfolio of offerings to enable the digital tranSitlon
IndIgo NY., Woburn. MA 8/H . 2/17
Vice prur.nt. Product Muntin;
Aeportld to Corporate VIce President of Matketlng and to the President of Indigo Am.rica with
responslblKty 'or:
. Developing and directing the creation of . new Customer Solutions caplbtllty
. Defining customer requirements for improving product performance by 50%
. ldenttrylng and acquiring third party altlaras to offer complex document production .olutlons
. DevelOping and leading a world clu. applications engineering team
. Managing the support of all marketmg events
. Defining customer requirements for new produc1s and dlrectlng the launct1 of new products and services
AGEND,\ 'XEM
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AUC-16-2991 93:94 PM JOE SWAJA
941 394 4::599
P.93
JOHph B. Swala
P.O. 80x 121
Pflt8lord, NY 145U
(71 I) 314-4151
X.rox Corporation, Aochnter, NY 12111 -7"1
U."ager, .......gie Program. Operation. 1115 _ 7,"
Reported to VIce Presfdent Strategic Programs wfth responsibility tor program operations on I mllor new
product initfatfve worth $14 BIllion revenue 0\181 product life with. $100 MlMlon annual operating plan.
· Directed proce.. reenglneerfng Of customer 'el\'lCH, matteetlng, and suppfy chain
· Managed aU engineerfng operatlo", Including I'MCI, support. logistics, and training
· Organized and dtntCtld mutttnatlOnallaunch actfvitles acro.. nVI market segments
Man.-, Syate.... Mailltlng IfI4 .. 4IN
Reported to Vice Preeldent.Document Production Systems with r..pontlblllty tor 2nd IlVel System.
Mancettng Team and SallI IPecfallst teams In 6S dlstrfct offices In the US to deliver $2 BIllion revenue.
· CirectlHJ ..... aupport and trainIng programs
· Developed and Implemented market development events and the launch of new products Ind .olutlons
· Directed third party alUance operaUona and managed computer account projects
IlMapr, DocuTecn LlUnch Ind Syetem. Intltration 1117 . 4IM
Mlnlget, 5010 Multinational Launch
Reported to Vice Prelldent and General Manager with responsibility for worldwide product launch, IyBtems
Integration Ind asauranee, third party alliance development and markltlng support.
· Launched 5090 wor1dwfde WIthin 90 day. and achieved all program obJectly..
· Concelwd, and dll'lCte<f tnelmplementatlon of a world cl...systlm,lntegl'8tlon lab wltt'lln SO days
· DIrected the multlnatlcnallaunCl'l of OocuTech. and the Document Company strategy
· DIrected the development and Implementation of the Xerox New Cocument AJl/l1'lce Initiative
· Managed and directed the development of In document productfon solution. with over 50 thIrd patty
alllanC8t .atllfylng cuatomers In 18 specific Indultry groups
AWARDS'
AE!COQNlnON:
S090 SpecIal RecognItion Award
OocuTectl Sped. I Recognition Award
OevelopmentIManufacturlng IndMdUaJ Excellen~ Award
Xerox PresIdent's Award
EDUCATION:
UniversIty 0' Roch....r
Muter of BullnlSl Admlnfstratlon 1874
Baenelor of SCienc., Mathematics 1;ea
PlnntylYanl. Stat, University
AHodate of ~Iied ScIence. Electrical Technology 1958
PROFE~ONAl
AFFlUATIOH:
GraphIc Arts Technical Foundations. Board of Directors
Technical Aasoctatlon of Graphic Arts. Member
R....rch end Engineering Council of Graphic Arts. Executive Committee
Printing Induatrl.. af America. Digital Printing Council
Natlonal Schola,..".p Trust Fund. Board of Dfrectors
---a
AGENDA~TEM
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~UG-16-01 THU 11:51 ~M LEHM~NN&~SSOC_.INC.
-
Consuu~tiun
Con,ulrann
56JJ Strand Blvd.
Naples, Florida 34) 10
Tel.: 941.598.3100
Fax: 941.598.9043
e-mail:
LeluuannAssoC@aol.com
To: Ms. Sue Filson, Administrative Assistant
BOARD OF COUNTY COMMISIONERS
3301 Tamiami Trail East, Naples, Florida 34112
Fax.: (941) 774-3602
Re: COLLIER COUNTY PLANNING COMMIS10N
P.0~
iFACSIMtLE TRANSMISSIO"N{ .J
941 6591304
From: P. Lehmann
Fx No.:
Date: August 16, 2001
No. Pgs: 2 (incl. cover)
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MESSAGE:
l~tjG ;' 2u3~
Ms. Filson:
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Please accept my attached resume as formal application to the above referenced commission, as detailed in your
July 31,2001 press release. Should further information be reqJired, please advise me at your earliest
opportuni IV.
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AUG-16-01 THU 11:52 AM LEHMANN&ASSOC.,INC.
941 6591304
P.02
LEH~/ANN & ASSOCIA TES, INC.
Construction Consultants
Commercial/ Residentlall IndU.Jtr/al
Project Management / ConSiTlIcnon S"pe,.vjsian / Contract Administration
Product Development / Inspection Sel'1I/Ce3 / Pel'Mlfllng I Construction Linganoll
j633 Slralld Boulevard
Naples. ROT/do 341/0
TeL: (91#1) 598-3100
Key Personnel
Peter Lehmann, President
Mr. Lehmann is licensed in Engineering (Intern). General Contracting, and Building Code Administration.
He has extensive knowledge of project management, construction supervision, inspection procedures.
governing codes and standards, building condition assessments, defect claim analysis, and related
engineering principles. He is proficient in Contract Administration and handles Project Management,
ArchitectlEngineer Oversight, Construction Supervision, Construction Inspections and Construction
Litigation. Peter has been a supervisor of architecture/engineering, construction, inspection, and QC
activities for commercial, industrial, and residential projecls in excess of $300+ million worth of
construction in both domestic and international markets.
He is President of Lehmann & Associates. Inc., a consulting firm specializing in construction related issues
of project management, construction supervision, project design & development, value enginecring
analysis, inspection services, construction litigation, defcct claim analysis, expert wItness testimony, and
construction training.
As production manager for a national homebuilder, he was responsible for management of corporate
operations inclusive of land development., product design & development, sales & marketing, and
construction activities. Peter was VP Construction I QC for U.S. Home Corp. for commercial and
residential construction and quality assurance activities. Working for an engineering consulling firm, he
had project management responsibility for a broad range of engineering projects including residencial,
commercial, and industrial planning; forensic engineering and inspection services; construction litigation:
contract administration; procurement; and governmcnt liaison.
Peler is a Registered Profcssional Engineer Intern, in the Stale of Florida; a Certified Building Oflicial with
the Oluncil of American Building Officials; a State Certified General Contractor for the State of Florida . a
Certified Building Inspector ",ith Southern Building Code Congress Intemational~ a StRte of Florida
Certified RCMP Inspector; and a member of FE~ 's Building Performance Analysis Team (BP AT). He
has been a member of the CAuncit of American Building Officials, Collier Building Industry Association,
Lee Building Industry Association, Southern Building Code Congress Int'!, Florida Engineers in
Construction, National Society of Professional Engineers, American Society of Civil Engineers, and the
Florida Engineering Society.
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0~/13/2001 10;30
New Page 1
9419471323
eTE BONITA
PAGE El2
Page 1 of2
", ,!\.p'plicatlOUfor Mvj$oryCmrUnitt~e~lBoard~
co:~ CnUDty'B~ ofCOmmJss.ii
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Category:.(U'appi,ieable): : -:}), S'7';Zlcr 5"
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.Are ~,u a:~~ vow.in Collier ~t)unty: Yes K.. ,No
Do )1Jucurrent1y ~lIptilllc 1i1neS? Yes No )<
If~'wh.ai ~ thataJlke?
1)0)'011 JllIWIIe1'YI';01:h.aVe,.u.enue~.td, Din. CADiBr COUld1\Da:tdU(O~? Yell X ~--
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COLLIER HEALTH SERVICES, INC RE"r:'~:':\/Et;
Marion E. Fether Medical Center
FACSIMILE COVER SHEET
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Collier Health Services, Inc.
I\'IARlON E. FETHER MEDICAL CENTER
1454 W. Madison Avenue
Immokalee, FL 34142-2200
Phone:
fID;1:
Fax:
94 1 -658-3000
94l-658-307t
941-658-3077
Note:
This information has been disclosed to you from records whose confidentiality is
protected by state law. State law prohibits you from making any further disclosure of
such information without the specific written consent of the person to whom such
information pertains or as otherwise permitted by law. A general authorization
tor the release of medical or other information is not sufficient for this pUr:Jose, If you
are not the intended recipient of this information or receive this information in error, cl!)
not disclose or re-disclose the information. Telephone the sender immediately and
destroy all information by shredding or tearing.
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August 8, 2001
Paul Midney
1807 Roberts Ave.
ImmokaIee, FL 34142
Sue Filson
Collier County Government Center
3301 Tamiami Trail E.
Naples, FL 34113
Dear Madam:
I would like to be considered for the lmmokalee District 5 position on the Collier County
Planning Committee.
I am 50 years old, a parishioner of Our Lady of Guadalupe Church in Immokalec. My wife runs
her own family day care home. My 19 year old son works at Home Depot in Fort Myers and I
have one daughter in lmmokalee Middle School and another in Immokalee High School.
I graduated from Trinity College in Hartford, Connecticut in 1973 with a bachelor's degree in
psychology, and from Cornell University School of Nursing in 1979 with a degree in nursing.
After graduating from CornelL I worked for 2 years at Metropolitan Hospital in Spanish Harlem,
and then served as a nurse in the Peace Corps, in Paraguay. In 1984, we moved to Immokalee,
where I began working as a nurse/health educator at the Collier Health Services, Inc. (CHSI)
CHSI is a migrant/community health center which provides most of the primary medical care in
Immokalee.
My duties at CHSI include diabetes education (I am a Certified Diabetes Educator), perinatal
education, fund-raising for Sister Veronica's Fund (which is used to help purchase medications
for patients who would otherwise be unable to afford them), patient advocate, and social services
counselor. I write a weekly health column in the Immokalee Bulletin and do a weekly radio show
on Spanish language Radio Fiesta.
Other community activities:
* lmmokalee Developmental Services (IDS) board member, 15 years, 5 years as
President (IDS provided a broad range of services to developmentally delayed adults)
.. Immokalee Inter-agency Council member, 17 years, 3 years as President
* lmmokalee Water-Sewer District Commissioner, 6 years, 1 year as President
... Pinecrest Elementary School Advisory Council, 14 years
* Immokalee Middle School Advisory Council, 3 years
* Immokalee Civic Association (recently formed)
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I consider that my greatest accomplishment in Immokalee has been the fluoridation of our
drinking water supply. Doctors consider community water fluoridation one of the most cost
effective of all public health measures. It is often difficult to gamer community support, because
it is an abstract scientific concept, and the public is easily influenced by misinformation. In this
case, there was strong opposition initially from the Water Board members, which took 13 years of
persuasion and education to overcome.
I wish to serve on this advisory committee because I believe my daily contact with our
community's humblest members will allow me to represent their point of view to county decision
makers, and because I believe the political process can work to the public good..
Thank. you for passing this information on to members of the Collier County Board of
Commissioners. My employer is aware of my interest in serving on this committee, cmd has no
objection to my taking the necessary time away from my job duties.
Sincerely yours,
(f~'
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June 4,2001
RECEtVED
JUN 0 ~ 200t
~ard of County CORImissioners
Mrs. Sue Filson
Administrative Assistant
Board of CountY Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Dear Mrs. Filson:
Attached please find a copy of my resume to be used while you are considering me for
the position of Planning Commissioner from District 5.
I served II-years on the Planning Conunission and have been off for over 3-years. It is
my hope that my past service will warrant positive consideration.
Sincerely,
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Fred N. Thomas, Jr.>P~
Executive Director I
FNT/er
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Collier COllnrv HOII~jn" r\urhnrirv . \ ROO Farm Worker Wav . Immoblee. Florida 14142 · (94 j) 6:;7-3649 · FAX (941) 657-7232
PERSONAL:
EDUCATION:
FRED NICHOLAS THOMAS, JR.
1205 Orchid Ave.
Immokalee, Florida 34142
(941) 657-8181
Married:
WIfe, Cherryle
Soo; Fred N. Thomas, ill, M.D.
Daughter, Mrs. Stephanie Williams
Grandchildren, Aaron & Kellie Williams &
Fred N. Thomas, IV
Major: Psychology
July, 1985 - 1986: District Manager for Cardinal Industries.
S~be~ 1983 - 1985:
Authority.
HOWARD UNIVERSITY - Washington, DC
September, 1957 to February, 1960
Major: Chemistry
DEGREE: Bachelor of Arts
NORFOLK STATE COLLEGE - Norfolk, VA
January, 1964 to May, 1967
SPECIAL PROGRAMS
Human Motivation and Achievement, Dr. David McClellan
Harvard University, Summer 1965
Color Perception and Language Cognition, Dr. DeeLee Lantz
Harvard University & Norfolk State College, 1965-66
Manpower Research Institute, Norfolk State College
Norfolk, Virginia 1966-67
Community Leadership Schoo~ Norfolk Chamber of Commerce
Norfolk, Virginia, 1969
Housing Intern, Norfolk Redevelopment and Housing Authority
Norfolk, Virginia, Summer 1967
NAHRO Certified Public Housing Manager, July 14, 1978
Executive Development NAHRO Training Program
Cincinnati, Ohio, June 14, 1979
U.S. Coast Guard Licensed Sea Captain
Leadership Collier, Class of 1992
Leadership Southwest Florida - September 8-11, 1993
Leadership Florida, Class xvn (1998)
EMPLOYMENT:
December, 1986 - Present: Executive Director of Collier County Housing Authority.
Director of Housing Management of the ~~'!. ~5'us~~
AGENDA ITkM
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FRED N. THOMAS, JR.
Page 2
E~LOYMENT-CODtinu~
November, 1980 _ August, 1983: Director of Administ:rm:ion of the Tampa Housing
Authoritv.
October, 1977 _ October, 1980: Executive Director of the Indianapolis Housing
Authoritv.
September, 1974 _ October, 1977: Executive Director of the Evansville Housin~
Authoritv.
July, 1969 - September, 1974: Director of CommunitY Services-Richmond
Redevelopment and Housing Authoritv.
September, 1969 _ September, 1974: Field Placement Supervisor for Graduate Student at
Virginia Commonwealth Universitv School of Social Work.
June, 1967 - July, 1969: Tenant Relations Advisor -Norfolk Redevelopment and Housing
Authority.
CIVIC AND PROFESSIONAL ACTIVITIES:
Chairman. Immokalee Entetprise Zone Board
1997 - Present
Board of Directors. Bi~ Cvoress Wlldemess Institute
President
1996 - Present
1998 - Present
Board of Directors. Big Cyoress Basin Board
Vice Chairman
1998 - Present
1999 - 2000
Public Housing Authorities Directors Association
Trustee
1990- Present
1999-Present
Board of Directors. Redlands Christian Migrant Association
1992 - Present
Collier County Republican Executive Committee
1999 - Present
Board of Directors of Immokalee Chamber of Commerce
President
1988 - Present
1994 - 1996
Immokalee Rotary Member
President
Director
1987 - Present
1997 - 1998
1987 - 1998
Software Support Consortium. Inc.
fA non-oro{it software comoanv for oublic housing agencies.)
President
1996 - present\4AG END~TEM
NO.4w
1996-Present
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FRED N. THOMAS, JR.
PAGE 3
CIVIC AND PROFESSIONAL ACTIVITIES - Continued
Florida Association of Housing and Redevelopment Officials
President
President-Elect
Board of Directors
F AHRO State Legislative Chainnan
1983 - Present
1995 - 1996
1994 - 1995
1992 - 1997
1989
National Association ofHousin~ and Redevelopment Officials
BoardofCredentingT~s
National Members Services Committee
North Central Regional Executive Board
President of Indiana Chapter ofNAHRO
1967 - Present
1977 - 1980
10/79 - 1983
10/79 - 11/80
1979 - 10/80
Governor's Advisory on Fannworker Affairs
Chairman
1993 - 1998
1997 - 1998
Immokalee Main Street Board
Chainnan
1997 - Present
1997 - 1998
Collier County Planning Commission
Chairman
1988 - 1997
1992 - 1993
Immokalee Foundation
Vice President
Executive CoItltllittee
Beneficiary Advisory Committee
1991 - 1998
1991 - 1998
1991 - 1998
1991 - Present
Collier County Affordable Housing Commission
1991 - 1998
Chairman. Collier County Affordable Housing Task Force
1989 - 1990
Housing Partnership for Collier County
1991 - Present
Collier County Sherift's Commission
1989 - Present
Norfolk State Alunmi Association
Member
Richmond Chapter President
National Vice-President
National President
1967 - Present
1970 - 1972
1972 - 1973
1973 - 1975
~a Psi Phi Fraternity
Member, Omicron Beta Beta
Dean of Pledges Pi Iota Chapter
Charter Member Beta XI Chapter
Keeper of Finances Beta XI Chapter
Vice Baisleus Bete XI Chapter
Dean of Pledges Phi Phi Chapter
1973 - Present
1990 - Present
1980 - 1986......-r.="..
1975 - 1976-"'~G~'DA llE~ ~
1974 - 1976 1'10. ~q'f:r'-'~~' i
1976 - 1917 . '_,' ,_ . }
1973 -191',4 .......4... -. ~
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FRED N. THOMAS, JR.
PAGE 4
CMC AND PROFESSIONAL ACTIVITIES - Continued
NAACP. Collier County Executive Committee
1991 - 1994
2000- Present
National Rifle Association
Member
Life Member
1967 - 1976
1976 - Present
Able Care Advisory Board
1987 - 1997
Collier County Parks & Recreation Advisory Board
1987 - 1988
Board of Governors of the Naples Institute
1994 - 1997
Health Planning Council of Southwest Florida. Inc.
1994 - 1998
Immokalee Vocational Advisory Board
1988 - 1997
United States Coast Guard Auxiliary
Member of Flotilla
Materials Officer
Boat Handling Instructor
Member of Flotilla 93
Qualifications Examiner
1981 - 1986
1982 - 1985
1981 - 1990
1986 - 1990
1984 - 1986
u.s. Jaycees
National Chairman of Membership and Retention
Planning Committee
National Chairman, Minority Affairs
National Director of Virginia Jaycees
1972 - 1973
1972 - 1974
1972 - 1974
1972 - 1974
AWARDS:
Norfolk Mace
1968
Norfolk Jaycees
SPOKE - Established State Record by Qualifying in 21 days
SPARK PLUG OF THE YEAR
Region ill Speak Up Winner
1969
1971
1972
Listed in Outstanding. Young.Men of America
1972
Listed in Personalities of the South
1972
Listed by: the Naples Daily News as one of the 100 Most Influential
Persons in Southwest Florida for the last 100 years
1998
191 ~~~_~~~i
2001 . ; - q j
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Greater Immokalee Chamber of Commerce "Citizen o/the Year"
Leadership Collier 1999 "Alunmus of the Year"
GENERAL CONlRACTORS
_....
FAX COVER SHEET
Date:
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To;
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Re:
Fax No.:
From:
'v) I'<<l~b~^ (1"' !'r\ wJ .
Fax No.:
(941) 643-2767
Number ofpages including this cover page: 5
Please deliver thIs document Immediately to
addressee. Ple~e phone us at (941) 643-6527
It any document Is illegible or if all pages are not received.
Hard copy being sent via mail as follow up?
Yes No____
4395 Corporate Square. Naples, Florida. 34104 . www.PBSconrractQG.com
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GENERAL CONTRACTORS
4395 Corporate Square. Naples. fl 34104. ~hone: 941/643-6S27 · Fax: 941/643.2167
September 6. 2001
Board of County Commissions
Collier County, Florida
3301 Tamiami Trail East
Naples, FL 34112
Re: Collier County Planning commlslJion
Commissioners:
I am requesting re-appointm6nt to the Collier County Planning Commission
representing District Three. Although I have already served twO terms, it is within your
discretion to waive the term limitations if you so desire.
Attached you wm find my biography detailing my experience and commitment to the
Collier County community.
Respectfully Submitted,
/JJ II DJI
Ruuell A. Budd
AGENDA ~M . ~
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-. Russell A. E$udd
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Russell Budd, President of Wall Systems Ine of Southwest Flonda and Its operating
divisions, ProfelSIonal Building Systems and Dlsttnctive Homes of Southwest
Florida, founded the organization In 1988. RU$Sellrecelved a Bachelor or Building
Construction from the University of Flortda in 1981. He II a Certified General
Contractor In the State of Florida and holds a Florida Real Estate Broker license.
Russell's career in construction started right out of college when he jOined Krehllng
Industries, Inc., as an estimator. In 1985 he was promoted to the position at Vice
President. In 1986, RUIHIl founded Wan Systems Inc. of Southwest Florida, a
metal framing, plastering and drywall subcontractor. Wall Systems is now the premIer subcontractor
or its kind In Southwest Florida. Wall Systems has recently expanded Its operations to include .
fIr8stopping.
professional Building Syatems (PBS). e.tablished in 1988, grew out of WaJI System. expanded
scope of responsibility with Its healthcare construction clients. Today PBS Is a well-established
construction manager and general contractor performing on commercial. Induttrial. healtheare, retail,
hotel and institutional projects through Southwest Florida. Over its thirteen-year career. PBS has
baen associated with such notable prOject. as Hellerman- Tyton's 110,000 square-foot manufacturing
and distribution facility, Seacrest County Day Schools (on-going) eampus expansion; and mos1
recently, Palm Royale Cemetery and Mausofeum.
Distinctive Hom.s of Southwest Flonda was established In 1994 by Ruslell and his associates.
Based on years of constructIon and buslneas experience, they recognized the n.ed for a design\build
firm which wculd offer sound financial and managen.1 practices. unique custom de.lgned homes and
quality craftsmanship. Distinctive Homes quickly became the negotiated designer and builder Of the
Collier Building Industry Auociation's "Inspiration HOme,. a premier custom home considered to be a
masterpiece of elegance and sophistication.
Russell has an active Involvement In a variety of indUatry assoclallons. RusulI became President
In1996 oHhe Florida Wall and Ceiling Contractors Auoctation. a statewide trade associaUof'l
amllated with the Association of Wall and Ceiling Industries. He is a former arta VIce President of
the Florida Home BUilders Auociatlon. R.uaseU is atso a past President of the CoRIer Building
Induatry Association and a former boaro member of the National A$.Soclatlon of Home Builder.; and
the Florida Home Builders A5Soclatlon. Because oUlls distinguished SeMce and commitment to the
highest standards in the construction industry, Russell was honored as the Collier Building Industry
Association "1994 Builder of the Year: and received the United States Gypsum Company .CEO
Award" in 1992.
RusseU demonstrates his bell.f in community service by his active participation In numerous
organizations. He has held a leat on the Collier County Planning Commission for eight year.;. He
was elected to the Boan:! of Commissioners In the Golden Gate Fire Contrel Ind Rescue Dtatrict. in
1993. He also served as Chairman of lhat Commission for three years. Runell is a member of the
Naples Area Chamber of Commerce where h8 currently serv.s as Chair.Elect. He is alao a graduate
of Leadership Collier, Class of '94. Ruuen is I past member of the Naples\Golden Gate Rotar:v Club
and Paul Hams Fellow In 1988 and the 1987-88 Club Rotanan of the Yaar. RusSell Is a member of
the Naples First Church of the Nazarene and serves u Chairman of the Capital Improvements
Committee. He is also a member of the Board of Trull... for Seacreat Country Day School and
serves on the Building Commfttee.
Russell is dedicated to his family which includes his wife, Dr. Katie Paschall, and three children,
DanteJ, Rachnl and Emily. His focus on family serves as the fareD behind his commitment to the
preservation of the Southwes1 Florida environment iSnd the improvement of our community.
~ .,
ClHI'-'IL CONTMCTOIU
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EXECUTIVE SUMMARY
APPOINThfENT OF MEl\1BER(S) TO THE mSPANIC AFFAIRS ADVISORY BOARD
OBJECTIVE: To appoint 2 members to fulfill the remainder of vacant terms, expiring on June
25,2003 and June 25, 2005 on the Hispanic Affairs Advisory Board.
CONSIDERA TIONS: The Hispanic Afl'ain Advisory Committee has 2 vacancies due to
resignations. This 9-member board identifies and evaluates problems unique to the Hispanic
Community, reviews and recommends ways to ensure open communication between the
minorities and Collier County Government and provides periodic reports to the Board of County
Commissioners. Terms are 4 years. A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following 2 interested citizens:
APPLICANT
CATEGORY
DIST ELECTOR ADV. COMM.
Carlos A viles
Pete Cade
N/A
N/A
None
None
COMMITTEE RECOMMENDATION:
Carlos A viles, expiring on June 25, 2003
Pete Cade, expiring on June 25, 2005
,'-
FISCAL IMP ACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
RECOMMENDATION: That the Board of County Commissioners consider the
recommendation for appointment, appoint 2 members to the Hispanic Affairs Advisory Board,
and direct the County Attorney to prepare a resolution confirming the appointments.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: September 25, 2001
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MEMORANDUM
TO:
Sue Filson, Administrative Assistant
Board of County COmmiSSiO~
~ -'. ~M{f{;
~lich, Chief Assistant County Attorney
FROM:
DA TE:
September 10, 2001
RE:
Applicants for the Collier County Hispanic Affairs Advisory Board
On Thursday, August 23,2001, the Hispanic Affairs Advisory Board voted unanimously to
recommend to the Board of County Commissioners approval of both applicants, Pete Cade, Jr.,
and Carlos A viles, to their Board. Please place this item on the Board of County
Commissioners' agenda for consideration.
Thank you for your attention in this matter. If you have any questions, please do not hesitate
to contact me.
R,\t!/kn
attachments
cc; David C. Weigel, County Attorney
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Hispanic Affairs Advisory Board
Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Name
Ms. Sofia Pagan
238 Pebble Beach Blvd., Apt. 604
Naples, FL 34113
District: 4
Category:
732-7800 11/14/00
417-5107
DECLARED VACANT
06/22/99
Naples, FL
District:
Category:
,;---
Mr. Frank G. Loney
131 Tahiti Street
Naples, FL 34113
District: 1
Category:
08/01195
06/22/99
Mr. David Correa 06/06/95
11257 Longshore Way West 10/20/98
Naples, FL 34119
District: 5
Category:
Mr. Robert J. Pina 11114/00
5501 Rattlesnake Hammock, Apt. 113 821-5433
Naples, FL 34113
District: 1
Category:
Mr. Eugene Greener, Jr. 435--9800 06/27/01
4021 Gulf Shore Boulevard, N., #1602
Naples, FL 34103
District: 4
Category:
/-
Page 1 of2
Wednesday, June 20, 2001
06/25/03
06/25/03
06/25/99
06/25/03
06/25/98
06/25/02
06/25/02
06/25/05
2.5 Years
4 Years
4 Years
3 Years
4 Years
1.5 Years
4 Years
AGE.N~~M .
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Hispanic Affairs Advisory Board
Name Work Phone Appt'd Exp. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
Ms. Susan Calkins OS/22/01 06/25/05 4 Years
740 High Pines Drive 434-8095
Naples, FL 34103
District: 4
Category:
Ms. Yolanda Cisneros 368-4456 OS/22/01 06/25/05 4 Years
P.O. Box 2508 657-4323
Immokalee, FL 34143
District: 5
Category: 'l'\.b. ~
Mr. Elvin Santiago {#\~\ 01/09/01 06/25/05 4 Years
641 Dorando Court " 394-7921
Marco Island, FL 34145
District: 1
, Category:
This 9 member committee was created by Ord. No. 91-37. amended by Ord. No. 91-78} to
identify and evaluate problems unique to the Hispanic community, review and recommend
ways to ensure open communication between minorities and Collier County government and
provide periodic reports to the Board of County Commissioners. Terms are 4 years.
FL STAT
Staff: Ramiro Manalich, Chief Assistant Attorney: n4-8400
Wednesday, June 20, 2001
Pagelof2
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~2/21/1991 17:52
9416571796
PETE CADE
PAGE 02
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TII. R\'lI.I.~:i\Jr< (>>mR, 102 WEST M^~ Sru:rr, h1M\JKAlIE, FU:RIDA 34142-391J
(94ll658-356O. S4..~", 974.1560. f...x (941 )058.1571
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CHR~"T1..!'l MI(.;ll'J'1T A.'>><x::A'!1,,,,,
August 1, 2001
TO: Sue Filson
FROM: Pete Cade
RE: BAAB Appointment
M5. Filson,
I was recently informed about the expiration of my term on the Hispanic Attain
Advisory Board. If 8 position on the board remains available, I am interested in
seeking reappointment.
Please accept this letter of interest, as well as tbe attacbed updated resume in order
to commence tbe reappointment process. I look forward to hearing from you.
Sincerely,
Pete Cade
(941) 657-1763 (B)
(941) 867-3220 (W)
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02/21/1991 17:52
9416571 796
PAGE 133
PETE CADE
rm CADE
1210 1M S1Jeet
buaoblee, n. UI42
(141) 87-17U
....0; CUtPIIOuLwa
I HA\f BEEN ^ UfUONG JlESIOENJ OF CotUEFl CouNIY WHH A Sll1ON(; 'Mll TO SUM IN
/\Ny CAP-\C11Y IN OllOfR fO ENSURE FAl~NFSS AND EQtJAlJI'r AMONG AlL..
l:ooCAnON:
May 1999
Bachelor of Science Degree, Elem. Education
Florida GuJfCoastUniversity. Ft Myers, FL
Associate of Arts Degree
Edison Community College - Ft Myers, FL
May 1994
SPECIAl. TR:IINING:
2000
1999
1998
1997
Literacy Backbone - Ms. Sandy Boggs
CRISS Training. Ms. Mindy Myers
4-Mat System Teacher Training -Dr. L Chapman
Technology for Educators - Dr. Pat Green
WORK EXPI~ENCE IN EDUCATION:
200 I-Present First Grade Teacher- RCMA Charter School
2000-01 Fourth Grade Teacher- Pinecrest EIem. School
1999.00 Third Grade Teacher- Pinecrest Elem. School
Summer 00 First/Second Grade Teacher- SWTUDer Voyager
Program- Lake Trafford Elementary
)995-99 Director, RCMA DrOp-<lut Prevention After-
School Program
I (~0-92 Substitute Teacber, Collier County Schools
PROftSSION'\ll\c~mfS:
2000-?resent
1999-2000
hnmokalee Water & Sewer District,
boardmember
Immokalee Child Care Advisory Board
boardmember ,
Collier County Hispanic Affairs Advisory
Board, boardmember
Immokalee Pop Warner League, boardmember
Immokalee Civic Association, interim secretary
1997-2001
1996
1995
SPECIAL SKIUS:
Fluent in Spanish and proficient in the use of technology
~EFERl"CES:
Available upon request
(AGENDA lTEM~
NO. '113 'J.
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MEMORANDUM
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FROM:
July 24, 2001
Vinell Hills, Elections Office ,cg"
Sue Filson, Administrative AssistatljJ"" ·
Board of County Commissioners
DATE:
TO:
RE: V oter Registration - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
Carlos Aviles J I~ D 1\ .,
:.J . I N c... KV c:....--
713 North 9th Street
Immokalee, FL 34142
COMMISSION DISTRICT
~
.!)
HISPANIC AFFAIRS ADVISORY BOARD
Thank you for your help.
i -~g~~BrrE~:~u~
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MEMORANDUM
DATE:
July 24, 200 I
TO:
Ramiro Mafialich, Chief ASSistan~co ty Attorney
Sue Filson, Administrative Assis t ·
Board of County Commissioners .
FROM:
RE:
Hispanic Affairs Advisory Board
As you know, we currently have vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Carlos Aviles
713 North 9th Street
Immokalee, FL 34142
Please let me know, in writing, the recommendation for appointment of the advisory committee
within the 41 day time-frame, and I will prepare an executive summary for the Board's
consideration. Please categorize the applicants in areas of expertise. If you have any questions,
please call me at 774-8097.
Thank you for your attention to this matter.
SF
Attachments
rrAGENDA-rrEM .~~
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1,\V
Carlos Aviles
713 North 9th ST.
Immokalee, FL 34142
July 05, 2001
RECEiVED
J'" ~ '"'
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- - .....' _-_t;.
Attention:
Mrs. Sue Filson
Administrative Assistant
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
8oar~ ~~ p- . -
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Dear Mrs. Filson:
The accompanying resume is in response to the current opening for the Hispanic Affairs
Advisory Committee.
I am very interested in this position. My life experiences as a Hispanic in the military and
as a deputy with the Collier County Sheriff's Office has prepared me to assist with the
current issues being faced by Hispanics in Collier County. I am looking forward to using
my training and experience to help with the advancements of Hispanics in Collier
County, and making our county a more prosperous and better place to live and work.
My ideas on how to address the current issues being faced by Hispanic in Collier County
will be of particular interest to the Hispanic Affairs Advisory Committee and the Board
of County Commissioners. For any questions, I can be reached at 657-4493 or pager
279-8372
I look forward to hearing from you.
'--
Sincerely yours,
Carlos Aviles
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Carlos Aviles
713 North 9th ST.
Immokalee, FL 34142
941-657-4493
941-279-8372
Education:
Bachelor's Degree Candidate
Management in Public Administration
International College, Naples, Florida
Diploma
Law Enforcement and Corrections
SW Florida Criminal Justice Academy
Certificate
Middle Management
SW Florida Criminal Justice Academy
Certificate
First Line Supervision
SW Florida Criminal Justice Academy
Certificate
'--
Introduction to Community POlicing-problem solving for the
Police Officer and Citizen
St. Petersburg Junior College, St. Petersburg, FL
Certificate
Sales & Management Training
US Army
Diploma
Basic Noncommission Officer Leadership Course
US Army
Diploma
Primary Leadership Development Course
US Army
("'AGENDA ~M ~..
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Employment History:
1997-present
Law Enforcement Officer
Collier County Sheriff's Office
Performed Law Enforcement duties to combat crime in Collier
County. Interact with the community to establish solutions
to make the community a safer and better place to live and
work. Served as a Drill Instructor in a paramilitary boot
camp setting to provide Discipline and leadership tools to
juvenile crime offenders so they could become law abiding
and productive citizens.
1997-present
Staff Sergeant
US Army and Florida National Guard
Served in various leadership and management's positions.
Managed the unit's maintenance program. Managed the Unit's
Driving Program. Additional duties include: Conducting and
implementing new training in aspects of professional growth
and leadership development.
1994-1995 &
1996-1997
Army Instructor
US Army
~-
Served as an Army Instructor to developed young recruits in
their military special ties. Selected as "Best Instructor"
six times, and Battalion and Brigade Noncommission Officer
of the Quarter.
1995-1996
Post Project Coordinator
Ft. Jackson, SC
Coordinated Ft. Jackson's annual Combine Federal Campaign
for the United Way. Supervised local area coordinators with
the development of productive fund raising operations.
Conducted public speeches and interacted with perspective
donators. The total effort resulted in raiSingt- -2-millinn
dollars. AGENDA frEtA "~
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RESOLUTION NO.
RESOLUTION CONDEMNING THE COWARDLY AND DEADLY TERRORIST
ACTIONS AT THE WORLD TRADE CENTER IN NEW YORK CITY AND THE
PENTAGON, WASHINGTON, DC
WHEREAS, on September 11, 2001, the United States was suddenly and
brutally attacked by foreign terrorists; and,
WHEREAS, these terrorists hijacked and destroyed four civilian aircraft, crashing
two of them into the towers of the World Trade Center in New York City, and a
third into the Pentagon outside Washington, DC; and,
,
WHEREAS, thousands of innocent Americans were killed and injured as a result
of these attacks, including the passengers and crew of the four aircraft, workers
in the World Trade Center and in the Pentagon, rescue workers, and bystanders;
and,
WHEREAS, these cowardly acts were by far the deadliest terrorist attacks ever
launched against the United States, and, by targeting symbols of American
strength and success, clearly were intended to intimidate our nation and weaken
its resolve; and,
WHEREAS, these horrific events have affected all Americans. It is important that
we carry on with the regular activities of our lives. Terrorism cannot be allowed
to break the spirit of the American people, and the best way to show these
cowards that they have truly failed is for the people of the United States and their
counties to stand tall and proud.
THEREFORE, BE IT RESOLVED, that the governing Board of Collier County
Commissioners condemns the cowardly and deadly actions of these terrorists;
and,
BE IT FURTHER RESOLVED, that the governing Board of Collier County
Commissioners supports the President of the United States, as he works with his
national security team to defend against additional attacks and find the
perpetrators to bring them to justice; and,
BE IT FURTHER RESOLVED, that the governing Board of Collier County
Commissioners recommends to its citizens to support relief efforts by giving
blood at the nearest available blood donation center.
This Resolution adopted this _ day of
motion, second and majority vote.
, 2001 after
ATTEST:
DWIGHT E. BROCK, CLERK
By:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES D. CARTER, Ph.D., CHAIRMAN
Approved as to form and legal
sufficiency:
,~& ik' V
David C. Weigel ~
County Attorney
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EXECUTIVE SUMMARY
FINALIZE THE ANNUAL PERFORMANCE APPRAISAL PROCESS FOR THE
COUNTY MANAGER AND COUNTY ATTORNEY
OBJECTIVE: To review the performance of the County Manager and County
Attorney to ensure performance.
CONSIDERATIONS: Two employees report directly to the Board of County
Commissiohers - the County Manager and the County Attorney. In order to
ensure that the work performance of each is coordinated with the direction of the
full Board, to provide any improvement suggestions and to adjust any aspects of
employment agreements with either employee, an annual appraisal is conducted.
Annual work plans or "Action Plans" were developed for each employee with the
Board. Each employee then provided self appraisals as a starting point for this
year's appraisal. Each met individually with Board members to discuss the past
year's performance to determine what Board members felt could be done better
and what was done well. A compilation of each Commissioner's written
evaluations is included along with each individual assessment.
Lastly, while awkward, salary adjustments must be determined for each
employee. Each employee's employment agreement provides that that on the
date general wage adjustments are granted generally to Collier County
employees, Employee's base salary shall be modified to reflect the general wage
adjustment granted to other County employees. Additionally, salary adjustments
to employee pay ranges are being finalized in this year and for the first time in
seven years. Merit pay is also available if the Board feels that either has
"exceeded" or "far exceeded" the Board's expectations. Merit pay can be
awarded at 1.5%, 2% or 2.5% increments based on the plan in place for all
County employees.
,-
FISCAL IMPACT: The County Manager's current salary is $126,403 and the
County Attorney's salary is $118,951. Both salaries are supported by the County
General Fund. Depending on the final salary adjustments determined by the
Board, the cost to the general fund may range from $9,323 to $15,457. Funds
are available to support this range of adjustment. It should also be noted that
while the average of all County employees salary adjustments is 3.8% that the
Arthur Anderson study specifically found that the County Attorney salaries were
31 % below the market. One half of this percentage adjustment was made last
year (including to the County Attorney) and the balance is scheduled to be
provided to the other staff attorneys in FY 02. Without a concurrent 15 ~ %
increase for the County Attorney position, the salary differential between the
Chief Assistant and the County Attorney would be nominal, and not characteristic
of this County or others.
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GROWTH MANAGEMENT IMPACT: There is no growth management impact
associated with this action.
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS,
conclude the annual appraisal process for the County Manager and County
Attorney and determine sala . s m ts and any contract revisions that may
be needed.
Submi
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Item Carter Mac'Kie Hennina Fiala Coletta Averaae
C-1 5 5 3 4 5 4.4
C-2 5 5 3 4 5 4.4
C-3 5 5 4 3 5 4.4
C-4 5 4 3 3 5 4.0
C-5 4 4 3 4 4 3.8
L-1 4 5 4 5 5 4.6
L-2 4 5 4 3 5 4.2
L.3 5 4 4 4 4 4.2
L-4 4 5 4 3 5 4.2
L-5 5 5 3 4 5 4.4
F-1 5 5 3 4 5 4.4
F-2 5 3 3 3 5 3.8
F-3 4 5 3 4 5 4.2
F-4 5 5 3 4 5 4.4
P-1 4 4 4 3 5 4.0
P-2 4 4 3 4 5 4.0
P-3 4 4 3 3 5 3.8
P-4 5 4 3 3 5 4.0
P-5 5 4 3 3 5 4.0
CP-1 5 5 3 4 5 4.4
CP-2 5 5 3 3 5 4.2
CP-3 5 5 3 4 5 4.4
CP-4 5 5 3 4 5 4.4
CP-5 5 5 3 4 5 4.4
Grand 4.2
Averaae
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FY 2001 Action Plan
Thomas W. Olliff, County Manager.
The County Manager is tasked with carrying out the policy direction provided by the
Board of County Commissioners. He is by ordinance to provide leadership for the day-
to-day operations of the employees of the Board of County Commissioners. The
following Action Plan is developed in an effort to provide clear expectations for the
County Manager for the period from October 2000 through September of 2001. The
Action plan is based on the broad areas generally expected to be performed by the
Executive Officer, including: communications, leadership, organizational direction,
financial oversight, personnel management and capital project management.
At the conclusion of the fiscal year, the Board of County Commissioners will be asked to
perform an annual evaluation of the County Manager's performance by rating each of
the following performance objectives on a 1 to 5 scale. Individual evaluations will be
totaled and averaged to determine the Board's collective position.
COMMUNICATIONS
C.1 (Internal) The County
Manager will be expected to
improve the communications
within the organization and
show specific actions taken to
provide better communications
within the employees of the
Board of Coun Commissioners.
Response to C.1: Improved the
County Journal to include
information from each division,
created "round tables" within-
each division providing an
opportunity for employees and
managers to regularly discuss
issues, sent over 15 direct
messages from the County
Manager to all employees, and
monthly messages from the
division administrators to all
employees as well. (examples
attached
Far Below
Standards
1
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
Far
Exceeds
Standards
5
Pg.
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COMMUNICATIONS cant.
C.2 (Internal) The County
Manager will be expected to
provide the Board of County
Commissioners with timely and
accurate responses to requests
for information.
Response to C.2: Each County
Commissioner has been
provided direct access to each
division via email, and one on
one agendas have been
maintained with each
Commissioner's meetings with
the County Manager to track
on-going issues, and the
Microsoft Task system has been
instituted to create a more
trackable system for turn
around issues.
C.3 (Internal) The County
Manager will be expected to
regularly communicate with the
County Attorney and the
Constitutional Officers to ensure
that operations between these
agencies and the Board of
County Commissioners are
coordinated.
Response to C.3: A regular one
on one meeting between the
County Attorney and the County
Manager was established. The
County Attorney has also been
invited and participates in the
weekly County Manager staff
meeting. Three formalized
meetings with all constitutional
officers have been held, and
individual meetings with each
have also been conducted
throu hout the ear.
Far Below
Standards
1
Far
Exceeds
Standards
5
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
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COMMUNICATIONS Cant.
Far Below Below
Standards Standards
1 2
Meets
Standards
3
Exceeds
Standards
4
Far
Exceeds
Standards
5
C.4 (External) The County
Manager will be expected to
provide information to the
public through a minimum of
one speaking engagement per
month on avera e.
Res onse to C.4: list attached
C.5 (External) The County
Manager will be expected to
ensure that the organization has
systems in place to ensure that
the general public is responded
to in a timely and accurate
manner.
Response to C.5: Using the
automation system, a task list of'
all "short term" projects is used
to keep up with the general
public's calls and inquiries made
through the County Manager's
Office. exam Ie attached
lEADERSHIP IORGANIZATI
ONAl DIRECTION
Far
Far Below Below Meets Exceeds Exceeds
Standards Standards Standards Standards Standards
1
2
3
4
5
L.l The County Manager will
ensure that there is a clear
direction that is communicated
throu hout the or anization.
Response to L.l: Developed in
conjunction with the entire staff,
an organizational Mission,
Vision and set of action steps.
In addition each administrator
received very specific action
plans that tied into mission &
vision exam Ie attached
SU) 2 ~ 2JOI
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LEADERSHIP I ORGANIZA-
TIONAL DIRECTION cont.
L.2 The County Manager will
ensure that all executive
summary reports provided to
the Board have specific and
clear recommendations.
Response to L.2: A revised
executive summary review
process was established
including OMB review for
financial accuracy, the Assistant
County Manager's reviews as
well as a separate review by the
County Manager. All agendas
are previewed in full at Division
Staff meetings, and critiqued at
the followin staff meetin .
L.3 The County Manager will
provide opportunities for the
Board of County Commissioners
to discuss and set proactive
policy direction on key
communi issues.
Response to L.3: A thorough
set of workshops (13 held to
date) was developed to provide
an opportunity to discuss in
depth the major issues facing
the government and the
organization. A strategic
planning session was included
as part of the workshop series,
and a "vital signs" report was
established to track key
organizational trends and
information. Each of these has
provided the BeC with
significantly improved
opportunity to provide policy
level direction.
Far Below Below Meets Exceeds Far
Standards Standards Standards Standards Exceeds
Standards
1
2
5
3
4
Pg.
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-...... -........--..._.....0;
LEADERSHIP I ORGANIZA-
TIONAL DIRECTION cont.
LA The County Manager will
have staff involved in
professional organizations and
Intergovernmental coordination
organizations such as the
Florida Association of Countiesl
to assist Collier County in
achieving best management
radices.
Response to LA: The key staff
action plans include
requirements for on going
training, involvement in
professional organizations etc.
The staff has increased its
participation in FAC, meets
regularly with counterparts from
the Cities, and neighboring
counties.
L.5 The County Manager will
ensure that the top
management team for the
County is provided clear
organizational direction through
specific action plansl regular
individual and collective
meetin s.
Response to L.5: Completed a
major reorganization of
Divisions and Departments, held
regular weekly staff meetings
with the top management staff,
held four meetings with the
entire management team
including department directors,
and developed the most
intensive and specific action
plans for administrators in this
organization's history. (see L.1
attachment
Far Below Below Meets Exceeds Far
Standards Standards Standards Standards Exceeds
Standards
1
2
3
4
5
I
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FINANCIAL MANAGEMENT
F.l The County Manager will
present an opportunity annually
prior to the development of the
annual budget for the County
Commission to have a policy
level discussion regarding the
next ear's annual bud et
Response to F.l: In February of
2000 and in March of 2001 an
item was included on the BCC
agenda that provided a
proposed budget policy for the
upcoming fiscal year, the OMB
Director presented this policy
and provided opportunity for
the BCC members to discuss
these key issues prior to the
staff's development of the
annual bud ets.
F.2 The County Manager will
develop an annual budget that
will be presented to the County
Commission in workshop format
and then again in accordance
with statute for public
participation through a series of
two se arate ublic hearin s
Response to F.2: Budget
workshops for fiscal year 01 and
02 were held, public hearings
were conducted in Sept of 2000.
The public hearings have been
scheduled for Sept 2001 but
have not as et been held.
F.3 The County Manager in
conjunction with the Clerk of
Court's Finance Department will
maintain a system for managing
the budget, to ensure that
budgets are properly
administered.
Far Below
Standards
1
Far
Exceeds
Standards
5
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
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FINANCIAL MANAGEMENT
Cant.
Response to F.3: The Clerk of
Courts Finance Department has
worked well with the OMB staff
over the past year to ensure
that budgets are maintained
according to Florida Statute, all
amendments have been
processed in accordance with
both Statutory requirements
and the requirements of the
budget amendment policies of
the Board of County
Commissioners.
FA The County Manager will
provide financial coordination
through a committee including
the Budget Office, the Clerk's
Finance Department, and the
County's Financial Advisor who
will review and make clear
recommendations on any and all
matters that involve financing
issues.
Response to FA: The Finance
Committee which includes staff
from OMB, the Clerk's Finance
Department, the Financial
Advisor and the County
Attorney's Office met over the
past year, provided the review
and processed the paperwork
necessary to finance six
se a rate ro . ects
Far Below
Standards
1
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
Far
Exceeds
Standards
5
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PERSONNEL MANAGEMENT
P.1 The County Manager will
ensure that there exists written
human resources policies and
procedures that are used
throu hout the or anization.
Response to P.1: The Human
Resource policies and
procedures are provided
throughout the organization in
updated green binders to all
employees. These policies are
used to manage the day-to-day
human resource decisions made
throughout the organization.
The policies and procedures are
scheduled for review and
u datin in FY 02.
P.2 The County Manager will
ensure that there is a training
program for County employees
to train them on best
management practices, to
ensure concurrency within the
organization and to promote a
safe work lace.
Response to P.2: 93 internal
training & information programs
were provided this year, with
5,477 attendances by
employees. In addition a new
beginning management course
was created to train those
employees who have had no
formal management training
and have been promoted to
positions of management
responsibility. This directly
responds to employee-raised
concerns regarding in consistent
management practice within the
or anization.
Far Below
Standards
1
Far
Exceeds
Standards
5
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
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"
PERSONNEL MANAGEMENT
Cont.
P.3 The County Manager will
ensure that the County follows
the Board's established policies
for the hiring and management
of its em 10 ees.
Response to P.3: The County
Manager's Office serves as the
final appeal step in the
grievance process assuring
adherence to Board approved
policies and procedures.
Training classes have been
created for hiring in order to
ensure that those employees
interviewing understand federal
law & County Policy relating to
the hirin rocess.
PA The County Manager will
provide to the Board an annual
pay plan as part of the budget
that will provide for an
organized means for salary
administration.
Response to PA: The pay plan
was completely revised over this
past year using consultants
surveys of the competing
market, this was discussed with
each Commissioner, and
constitutional officer and
included within budgets for both /
FY 01 and 02.
P.5 The County Manager will
ensure that employees are
provided performance
expectations and performance
evaluations that are both
designed to enhance
erformance.
Far
Far Below Below Meets Exceeds Exceeds
Standards Standards Standards Standards Standards
1
2
3
4
5
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PERSONNEL MANAGEMENT Far Below Below Meets Exceeds Far
Standards Standards Standards Standards Exceeds
cont. Standards
1 2 3 4 5
Response to P.5: Employees
are provided action plans, and
annual evaluation conducted in
July and August of each year.
Conducting these evaluations is
a requirement for every
manager and every employee
must receive such. Merit Pay is
provided via these evaluations
to the organizations best
erformers.
CAPITAL PROJECT Far
MANAGEMENT Far Below Below Meets Exceeds Exceeds
Standards Standards Standards Standards Standards
1 2 3 4 5
CP.1 The County Manager will
provide a capital budget that
will clearly describe the capital
projects proposed for the
following fiscal year along with
the proposed means for funding
such ro'ects
Response to CP.l: The budgets
provided for FY Oland 02
included specific capital sections
that explained the capital
projects in better detail and
clearly indicates by fund the
source of funds for each
project. A standardized tracking,~,
system will be in place by Oct 1, f~
2001 to allow staff, the BCC and ;~>
the public to know project
status at an iven time.
CP.2 The County Manager will
provide regular updates to the
County Commission on key
capital projects in a manner
which is easy to understand and
timel .
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CAPITAL PROJECT
MANAGEMENT cont.
Far Below Below Meets Exceeds Far
Standards Standards Standards Standards Exceeds
Standards
1 2 3 4 5
Response to CP.2: Twice
annually the Vital Signs report is
provided that in pictures
provides updates on those key
projects. Created a project's
briefing book both on line and in
hard copy that provides monthly
updates on all projects of
im ortance
CP.3 The County Manager will
ensure that for each key capital
project that there is clearly
established responsibility,
bud ets and schedules for each.
Response to CP.3: Developed
capital project assignments, full
project teams, budgets and
schedules. The teams included
the capital projects managers,
and staff from Real Property,
Purchasing, the County
Attorney's office, etc. to send a
clear message that the
successful completion of these
projects requires coordination
b an entire team of em 10 ees.
CPA The County Manager will
work through the County's
Finance Committee to bring
recommendations regarding any
and all capital projects that
re uire financin .
Response to CP.4: Projects that t,j<;""~:;;~-{~?;i, ,-"" .; ,..'
required financing throughout ~.~
the year included: 800mghz
radios! N. Regional Library!
Sheriff's Admin! the Horseshoe
Dr. Building & Airport Authority
projects. Each was reviewed by
the finance committee and
submitted to the Bee for
a roval.
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CAPITAL PROJECT
MANAGEMENT cont.
CP.S The County Manager will in
particular track Transportation
construction and provide the
Board with more frequent
updates as to progress and
bring a revised transportation
construction plan and financing
Ian.
Response to CP.S:
. Executed construction
contracts for 5 major
arterial roadways
. Created a project's
briefing book both on line
and in hard copy that
provides monthly updates
on all transportation
projects of importance.
. Provided a vital signs
report that in each case
focused on transportation
construction project
status
Far Below
Standards
1
Far
Exceeds
Standards
5
Below
Standards
2
Meets
Standards
3
Exceeds
Standards
4
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Improvements:
Clearly some things could have been done better as well. Included below are
some of the areas in which I was disappointed, or felt that the issues could have
been better managed:
1. We wish we had had a better understanding of how close the Season of 2001 's
tourist volumes would affect the North County Wastewater Treatment Plant.
Although we realized that capacities at the plant would be close, we believed that
we could make it through this last season before the expansion was completed.
We were wrong. Fortunately the event has resulted in a number of very positive
changes including a reanalysis of the construction schedule to accelerate critical
path items, increasing the sizing of all future expansions and a project that is now
a full 30 days ahead of schedule.
2. The landfill odor control issue continues to be exceptionally frustrating. Although
good engineering says the odor can and should be controllable, the current
contractor has not been able to do so to the satisfaction of the Department of
Environmental Protection (DEP) and the landfill continues to operate under
consent order and without formal permit. We have been forced to begin to
exercise penalty provisions within the contract and begin putting the contractor
on notice. We wish pressure like this weren't necessary, but history indicates
that it is, and while it has not been exercised in years past, it is being
administered consistently today.
3. Projects which are either allowed under the current land development code or
have pushed the limits of the code; and the length of time required to change this
code have not been managed as well as I would have liked. We will be
accelerating the process for changing the code to reflect a desire of the
community and the Board for less intensive developments. On the other hand,
we will need to realize that zoning for some heavier commercial and industrial
uses, will need to be located somewhere, and that it is an important component
of our future economic development opportunities.
4. I would like to have had a uniform system of reporting capital projects completed
earlier, but frankly we have spent the majority of our time, getting the projects
straightened out first. We have had to go back and re-Iook the schedules, the
sizes of the expansions, have been reworking the organizations responsible for
these projects and hiring the appropriate staff to manage them. We are still not
fully staffed in Transportation. However, we are at a point where we will have a
uniform management system in place by 10/01 and it will be accessible to BCC
members and capital projects management staff directly on line.
5. I would have liked to have spent more time with Commissioners in their districts.
I believe that the best way to maintain a feel for what is going on in the different
communities is to be out in those communities. I had planned to spend
significantly more time with Commissioners talking with constituents, reviewing
problem areas, seeing projects first hand and have not been very successful in
making this happen.
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Additional Achievements:
In addition to the formalized action plan, the following achievements are
noteworthy and provided for consideration when conducting the County
Manager's annual evaluation:
1. Established a new standardized road cross section providing for a wider
footprint allowing for major arterial landscaping, lighting, bike paths and
sidewalks
2. Worked with the Board's administrative staff to restructure the office to
provide additional assistance to allow each Commissioner to have an
aide, and reconfigured the office to provide updated office space for each.
3. Managed the North County Wastewater Plant issue including regular
information exchanges with the CBIA and personal negotiations with DEP
and a personal joint press conference with the DEP district director.
4. Established an annual & individualized employee benefits summary
(example attached).
5. Filled all Division Administrator positions with high quality, get the job done
type individuals.
6. Authorized new creative recruitment advertising including radio &lor
internet services, depending on the type of job.
7. Completed the collection of outstanding golf course related impact fees.
8. Revised the impact fee ordinances into a single ordinance, developed a
regular collection process review and a written operating manual.
9. Created 15 separate "employee roundtables" to provide employee
management communications.
1 a.lmproved relationships with independent Fire Districts, including current
negotiations for ALS agreements with each major system and resolutions
from each major district indicating their agreement not to pursue EMS
transport.
11. Established regular email communications directly from County Manager
to employees.
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12. Created an employee Lunch & Learn Program providing a variety of
learning topics for employees at no cost to the County or employees.
13. Completed a Fleet Management Reserves Review and instituted a new
vehicle replacement methodology.
14. Revised the internal utility billings process.
15. Created and implemented a computerized budget development process.
16. Implemented the Human Resources automation system.
17. Concluded the Diversity Committee work and coordinated implementation.
18. Created the following employee teams to address organizational issues:
a. Consolidated Leave Team
b. Dental Plan Review Team
c. Ideas Team
d. Fall Festival Team
e. Wellness Team
f. Child Care/Sick Child/After School Care Team
g. Health Care Plan Team
h. Employee Activities Team
19. Developed a community wide Animal Service Committee.
20. Contracted for Landfill odor control initiatives outside of WMI.
21. Coordinated a joint effort with the County School Board, Marco Island and
the City of Naples to negotiate better health care rates with local health
care providers for employees of all three agencies. Collier County is
expected to realize over $750,000 in savings in the next fiscal year.
22. Established a new Computer lease program allowing for standardized
computers, software and replacement schedules.
23. Established a new Employee computer purchase program for surplus
county computers.
24. Established a Blue Jeans for Charity program.
25. Developed and implemented a shift pay differential that has been a
contentious employee issue for years.
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26. Established a public/private partnership with Neighborhood America
Software Co. to provide cutting edge public information via the internet for
major projects such as the rural fringe and rural lands study areas.
27. Established a GIS cross agency team withe Property Appraiser and began
the first real County effort toward a GIS system.
28. Established a public safety radio users group with representatives of each
Fire Department, EMS, the Sheriff and the vendor.
29. Established a full workshop agenda for key strategic issues for the BCC
thru December 2001.
30. Programmed, budgeted and received approval for a $9M expansion to the
Development Services Building.
31. Developed, received approval and implemented a full short term space
plan involving 8 different departments.
32. Completely restructured the employee health care plan, creating a less
confusing, more acceptable, better base package of benefits while being a
more cost effective system.
33. Improved relationships with each Constitutional Officer's Agency through
regular communications, meetings and advance information.
34. Created a positive "Cool Summer Breaks" program providing discounts for
government services to increase exposure and relations with year round
residents (copy enclosed).
35. Managed two budget processes that provided proactive information to the
Board, Constitutionals and the public and resolved conflicts in advance to
the greatest extent possible resulting in smoother budget development
than in year's past.
36. Enhanced the PIO efforts and staffing to provide significantly improved
programming on channel 54 including an additional new monthly show,
and coverage of a number of new advisory boards and workshops.
37. Completed the new DAS facility, the Sheriff's administration space, the
Golden Gate Government Satellite building.
38. Worked to get acceptance and coordination from all Constitutional Officers
for a new North County Government Services building.
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39. Successfully completed two beach re-nourishment projects, and created a
new technically oriented Beach Re-nourishment Advisory Committee.
40. Revised the tourist tax ordinance to provide significantly increased funding
for the County Museum, and the botanical garden while maintaining
necessary beach re-nourishment funding.
41. Revised the BCC agenda format to place items of public interest first.
42. Developed a new County logo for vehicles that will be a more positive
image to the community and for the employee.
43. Began to make progress in the "Immokalee Initiative" program sending
146 letters to property owners and lor Mobile Home Parks owners in
Immokalee. This represents 1,200 units. 119 have been inspected with
59% being found to be structural unsound. 30% of these have been
removed.
44. Established a project briefing book available on line and in hard copy that
provides monthly updates of over 100 key on-going County projects.
45. Established an on-line and hard copy annual calendar that will allow for
better coordination of meetings and annual events.
46. Re-established County Commission District meetings, planning well in
advance to secure rooms and dates months prior to the season.
47. Significantly improved the recycling efforts (up roughly _ % from one
year ago) of the County and the program available to the public.
48. Successfully petitioned for an increase in census figures, receiving the
increased population numbers requested, providing an additional
$2,000,000 annually from the CDBG.
49. Received nearly $14,000,000 in new transportation grant funding for the
Livingston Road project from State DOT.
50. Successfully completed the Community Character project, developed a full
implementation plan and received a Florida Planning Association award
for the effort.
51. Initiated a program to close out a number of old inactive budget funds that
have been carried for years requiring budgeting efforts, staff time and
printing costs.
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52. Created a cross agency team to pursue a new Financial Management
Software system that will coordinate electronically all budget, finance,
payroll, human resource, purchasing and risk management functions for
the first time in the County's history.
53. Re-established regular meetings with the Mayors, City Managers and
School Board officials to coordinate efforts between agencies
54. Established an "off season" budget analysts program to do internal
consulting, analysis and internal auditing of programs within the County
Commission agency.
55. Created an "internal internship" program, allowing employees from each
division to work within the County Manager's Office for a specific period of
time, allowing them to understand constituent pressure issues, and to
bring that perspective back to their work places.
56. Placed Human Resource Analysts in individual divisions to provide more
direct access to employees, increase communications, and respond to
Employee Assessment raised concerns.
57. Completed an employee assessment process, determining what issues
were of concern to the employees of the organization and developed a
response plan, which included actions such as the round tables, H.R.
analysts, benefits revisions etc.
58. Completed an internal pay plan equity study revising several job
classifications to ensure that pay ranges were internally comparatively
appropriate.
59. Coordinated with the City of Naples and Herb Luntz to produce an
Independence Week of festivities.
60. Developed a standardized excel spreadsheet format for tracking all
County Capital projects including schedule, budgets, expenditure
estimates, actual expenditures and variances. Working on direct links to
finance FMS system for automatic financial links for spreadsheet updates.
61. Developed a lease option agreement to secure additionally needed space
for Sheriff's operations and then received appraisals, obtained approvals
and secured financing to exercise the option and buy the building for the
same annual costs as previous lease payments.
62. Developed an annual report and had it included within the Naples Daily
News to generate wider circulation to the general public of the annual
county information (copies enclosed).
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Goals for Fiscal Year 2002:
For the following fiscal year, if given the opportunity, I would like to build on
the successes of this year and begin to institutionalize many of the changes
that have been made. Truly exceptional organizations focus a tremendous
amount of attention on internal improvements. Creating a better work
environment, finding the best employees, keeping and improving them,
focusing on how to conduct business with better customer service results,
making internal changes that result in work being done smarter, faster, more
efficiently or effectively. We want to make the "routine" truly routine. This will
require continued improvement in our planning, refining assignments and
responsibilities, and accountability.
Specific areas of improvement that I would propose as part of next year's
action plan would include:
1. Followinq throuqh on the County's strateqic Plan for FY 02. As discussed
in the Strategic Planning workshop the following items were decided as
important directions for next year by the BCC:
a. Employee Investment Plan
b. De-Centralized Government
c. Capital Fundinq Plan
d. Horizon Committee Proiects
e. Contract Manaqement
2. Community Development. We have focused the lion's share of our
attention throughout this year on Transportation and Public Utilities, as
those were the priorities. In the coming year, we will be focusing on
improving the processes within the division, amending the codes to
prevent project by project.
3. Improved systems for trackinq short-term proiects, responses to the
public. and requests for information. While there are systems in place,
consistent use of these throughout the organization is not practiced.
4. Improved use of technoloqy and web site. The technology in place is
capable of much more than we use it for, and the web site needs
significant improvement.
5. Development of Vision statements at the Division Level. Having the
Divisions go through the exercise to clearly define what they envision their
organizations to be in five years helps to put everyone on the same page.
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Goals for Fiscal Year 2002. cont.:
6. Succession Planninq. Developing what is known as "bench strength" or
developing a management team below the Division and Department level
of people who are skilled, ready and able to step into higher management
positions.
7. Development of more reqional strenqth at the State Leqislative level.
Improve the fledgling relationships between Collier, Lee, Charlotte,
Sarasota and Hendry Counties to develop even more unified positions on
issues that affect Southwest Florida from Tallahassee.
8. Successful capital proiect manaqement. FY02 will see Collier embark on
perhaps the largest capital construction campaign in its history. Managing
these projects to successful and timely completion will be a priority.
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ConcludinQ Remarks: This has been an exceptionally challenging and I
believe, a successful year. We have pushed this organization as hard as the
resources would allow and sometimes beyond that point. We still have in my
opinion, at least a full year of correction to go through before we will have
been able to review the majority of our processes, work flows, project
planning and organizations. At the same time we have a YJJJ:::L. aggressive
agenda of new work ahead of us for the next twelve months.
I hope that you have been able to see a change in how County Government
is being managed.
. We believe in communicating with you and the community more often, and
with more substance.
. We believe in the importance of rebuilding community confidence by being
consistent and truthful whether the message is positive or not so positive.
. We believe that focusing on policies and the consistency that policies
provide the decision making process is important.
. We believe in improving the overall quality of the staff.
. We believe in being more entrepreneurial in our approach to business
. We believe in being respectful in how we approach our customers.
. We believe that finding mutual goals and working with the public, other
agencies and community groups produces more success than does
independent actions.
. We believe in exceeding expectations
The staff has been encouraged by the Board's desire to make good decisions
on behalf of the entire community, the enthusiasm brought by the new
members, and the willingness of all members to spend time learning the
details of important issues to be better equipped to make decisions. While
there are always things in retrospect that could have been done better, I
would consider this to have been one of the most progressive years in this
government's history. I hope that as you review my performance over this
year, that I was able to "exceed your expectations" as the County Manager.
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Commissioner's Comments:
Commissioners SUQQestions for Improvement:
Prepared by:
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(Attachment for C.1)
Hello. It's Friday July 20th as I write this note. At this point you have all had an
opportunity to sit and hear about the complete package of changes in the pay
and benefits plan becoming effective in October of this year and January of 2002.
There are a number of changes and if it seems like the pay and benefits plan
changes often, the truth is - it does. In today's world and work place, we must
understand that things are going to change, and that change, in and of itself, is
not a bad thing... it just is. Salaries and ranges are going to be revised to try and
keep us competitive with other businesses in the area. The medical,
pharmaceutical and insurance fields are changing so rapidly that many
companies have simply stopped offering medical insurance as a benefit
altogether, or priced it very high for its employees. All told the changes that are
being implemented will result in employees realizing greater salary increases
than the agency has been able to provide in over a decade. And, while we're
not there yet, the health and benefit plan is significantly improved, easier to use
and should meet your needs much better.
At Collier County Government, we are committed to being progressive, staying
competitive, and making adjustments in order to keep our pay and benefits
package current and responsive to your needs. Almost 90% of you attended the
meetings held by Human Resources and Risk Management and I want to
personally thank you for that. I also want to thank the staff's of both of these
departments for putting the meetings together and spending literally hundreds of
hours all over this county sharing these updates with you. You've said that we
needed to try and do a better job of getting information out, in particular about
salary and benefits issues. We are Iisteninq and are trying to get the word out in
as many different ways as we can think of.
We are excited about the direction of these changes for a number of reasons.
While we believe that there will still be changes in the future, we have focused on
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developing fundamental systems that will ensure that we can stay current and
competitive through smaller improvements each year, rather than allowing us to
get behind each and every year and then have sweeping revisions every four,
five or six years. Secondly we believe that we have laid the groundwork for a
pay and benefits plan that will attract the very best employees in the area and will
give us a better ability to retain the people we have.
Beyond pay and benefits, we have tried some pretty novel things over this past
year including:
· A Jeans program that raised hundreds of dollars for local charities,
· An employee computer purchase program that was the first of its kind tried
anywhere in Florida.
· An employee team that traveled out of town to visit other communities to
see what they do and how they do it (the next team is scheduled to go to
Sarasota in August).
· Developed an employee travel club through Parks and Recreation, which
Dennis Gulley has done a great job with.
· Created communication centers and employee roundtables.
· Conducted a successful food drive
· Offered "Lunch & Learn" opportunities that covered everything from salt-
water fly-fishing to computers training.
· Hired our own wellness coordinator in Marilyn Hamichek, whom I am
really excited about. If you've not met her, you should stop by and
introduce yourself. She will be offering us all opportunities and creative
ways to get healthier.
· Began recognizing your achievements in the Naples Daily News, Good for
You column.
· Developed a new progressive and positive County vehicle logo that you
will begin to see on all new vehicles.
· Made major changes in the County Journal to make it more informative,
lighter and more enjoyable at the same time. I-"';:~'~_~ '
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As we finish up this summer and begin to look toward fiscal year 02, we are
looking at a number of other ideas to make us a more progressive organization
and to reach out to the community in a more positive way as well. Some of these
include:
. A program called, "Cool Summer Breaks" that you will see in the paper on
Friday. The program offers a number of summer deals for those of us
who live here year round, including free swim opportunities at the pool,
free popcorn with library movie rentals, extreme sports competitions and
other fun stuff to do at little to no cost. We hope that you all take
advantage of this program and enjoy some of the different programs the
County has to offer too.
. An interactive information kiosk in the mall that will provide all kinds of
information regarding County events, facility locations and times, answer
frequently asked questions etc.
. Continuing our efforts to look at child-care opportunities for County
employees and a consolidated leave program that will offer more flexibility
for employee's use of leave.
. Revising the seNice awards program to provide better recognition for
those employees who achieve major milestones in their employment with
the County.
. A fall festival opportunity for family fun in October.
. Being able to register for Park programs on line from your home.
. After hour Internet and computer training for employees.
. Annual summaries provided to each individual employee regarding their
salary and benefits.
. Construction of a new North County Government SeNices Building that
will provide all the seNices that can be provided from a remote location at
Orange Blossom and Airport Road. We hope that we will be able to
provide everything from driver's licenses, to beach parking stickers, to
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voter registrations cards, to library cards at one single location once this is
built.
. The new library that we are building will be a 35,000 square foot facility
that will include everything from a coffee bar, to an outdoor performance
courtyard, to a reading solarium complete with fireplace. This facility will
have a stand-alone bell tower to serve as its landmark and is also located
at Orange Blossom and Airport.
I hope that you would agree that this is an exciting time to be a Collier County
employee. We are working to exceed expectations of you our fellow employees
and our customers. As you can tell, while some may see the glass as half
empty, I see it as half full. And half full not only means that we have a half a
glass worth, but we also have the opportunity to fill it up and overflow it. I say
thanks to those of you who are working to help me turn this organization around.
It is mostly about attitude and it is working. We've made a tremendous amount
of progress. Keep at it, and I promise you that I will on this end.
Until next time,
Tom Olliff.
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(Attachment for C.t)
ETHICS:
A Moral and Workplace
Dilemma
Fellow County Employee,
As part of the County Manager's continuing effort to discuss workforce I County
character attributes, I was chosen to talk about Ethics.
First let me introduce myself. I'm Jim Mudd, a fellow employee in Collier County. I
serve the County and you as the Public Utilities Administrator. I have been with the
County for a little under one year. Prior to coming to Collier County, I was in the U.S.
Army for 26 plus years. My last job in that organization was the Commanding Officer
and District Engineer of the Rock Island District, U.S. Army Corps of Engineers. That
job was a great segue into a civilian career because I got to be a CEO for a 1000 person,
mostly civilian organization. I only had two other military types in the command. Guess
what? The issues I had to deal with there are pretty much the same ones that we have in
Collier County: pay, benefits, community involvement, solving taxpayer problems,
political pressures, capital improvements, business process improvements, strategic
planning, and committees, just to name a few. Enough about me, lets get to the heart of
this correspondence - ETffiCS.
Webster defines Ethics as: the discipline of dealing with what is good and bad and with
moral duty and obligation; a set of principles or values; a theory or system of moral
values; the principles of conduct governing an individual or a group; a guiding
philosophy. We could spend hours talking about different definitions of good, bad,
moral values, guiding philosophies........ .enough already! Needless to say, but I will ---
this is a very subjective, individual-value-based subject and that is why we have so many
problems dealing with it. What's right for one employee might be percei ved as wrong by
another. What's good for the business community: business expense lunches, free
sporting event tickets, free golf at the neighborhood county club.... the perks of private
sector employment just don't sit well in a public sector job where we are supposed to be
good stewards of taxpayer dollars. Because the area of ethics is so subjective, it's
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imperative that the County has a good, very specific Code of Ethics and/or Code of
Conduct Policy. This County has just such a Policy #5311 and there is even a County
Ordinance #99-22 amended by #2000-58 that covers the subject in greater detail. I
would suggest that you read them at least on an annual basis. I have attached these
documents to this short essay for your reading pleasure and convenience.
Let's take a look at a couple of situations that I have run across rather recently. In a job
interview, I asked one of the candidates what was the hardest decision she has had to
make, knowing the decision was going to be unpopular? This candidate relayed that a
neighbor, who was also in business, wanted to know some of the details of a particular
project that was going out for bid in the next couple of weeks. The candidate determined
that this information would give her friend an advantage over the other prospective
bidders and she refused to provide the information. Her decision to withhold the
information didn't go over very well. But a true friend wouldn't have asked in the first
place!
Lately, I have been asked in regular business negotiations for future services to use my
influence to get the County to take shortcuts for a development in their permit process
and in another sirllilar situation to use myoid connections to get the Corps of Engineers
to expedite a particular permit action. Both of these situations were wrong, dead wrong.
In one case the negotiation for services ended because of their unethical demands and in
the other, I never made the call to the Corps. Some gall, but people will try to get
whatever they can. They really don't care if you lose your job, your reputation, or your
family.... because of it.
Here are a couple of my favorite sayings that help in this ethical battlefield that we work
in everyday.
Don't play favorites!
Stay on the moral high ground... ..otherwise you will have to wrestle
with the pigs and you're going to get rllighty dirty. Some of this kind of dirt
will not wash off, and it has a nasty tendency to tarnish one's
character/reputation.
Perception is truth! Be totally open in your actions and decisions. If
you didn't do anything wrong but the public perceives you did, it will be very
difficult, if not impossible, to prove otherwise.
A zero gifts policy - means just exactly that, don't take any gifts from
anybody for doing your job. Even the simplest of gratuities can be open to
interpretation when blown out of proportion.
Do the Harder Ri2ht. instead of the Easier Wron2
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In your everyday job in Collier County try to stay as far away as possible from having to
make ethical decisions, but if you get close to crossing the line (you will know because of
that uneasy feeling you get) call the County attorney's office and ask for some solid
advise. In these kinds of dilemmas it is always better to be safe than sorry.
Ethics at the workplace doesn't stop when you leave work. You are under public
scrutiny in all those civic and church related organizations that you belong to. Come to
think about it, that is where a lot of those ethical borderline requests, from good meaning
friends, come from. Be careful.
I have really enjoyed this time we have spent together. I hope I have been able to help.
Be safe out there, Jim Mudd
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Theme of the Month - "Success"
By
Mike McNees, Assistant County Manager
My task for the month of June is to
impart some wisdom on the subject of
"Success". Sounds pretty easy, doesn't
it? One need to look no further than
~he nearest magazine rack to find
examples of success - Michael Jordan,
Bill Gates, or
Oprah Winfrey
would be
examples on
whom we could all agree. Closer to
home, a drive down Gulfshore
Boulevard South takes us by the homes
of some folks we would also agree have
been pretty successful.
However if I were to choose one of
these people, say Michael Jordan, as my
personal measuring stick, I
would be certain to fall far
short of "success". (Ego
aside, I have to admit
that I've probably got
about as much of a
chance of being Oprah as of being
Michael.)
Or if I were to measure myself against
those people on Gulfshore Boulevard,
have I then "failed" because I don't
have a home on
the beach or
a couple of
expensive
cars in the driveway?
The answer, I believe, is a resounding
"no!" No matter how easy it may be in
our pop-culture celebrity-driven world to
think that success is measured by
money or by fame, on an individual level
success may mean something very
different for each of us. It may also
mean very different things to us
personally versus professionally.
(Attachment for C.l)
Each of us must define for ourselves
what success means. Personally, it may
mean being able to devote the time and
attention required to develop happy,
well-adjustedaChildren and
families. It might mean
making a ~.. commitment
....
of time to _ a local not-for-
profit group or
cause. Or growing the
best darn roses you ever saw. The trick
is to measure against our own
standards, not against some ridiculous
standards we've seen on television or
even in our own city.
Professionally, success can also mean
very different things to different people.
For one person, it may mean getting
promoted or moving to a new and
different job every year or two. For
another it may mean being a trusted
and dependable person that co-workers
and customers can count on every day,
and doing the same job well and with
good cheer for twenty years. Once
again, we must each decide for
ourselves how we want to measure our
success. But we must be willing to stop
and measure how we're doing!
My assistant, Mary-Jo Brock (a very
successful person) suggests the
question "what would you attempt if you
knew you could not fail?" Wouldn't it be
great if we could all shoot for
the successes we most wanted
to achieve, but without the
fear that we might fall
short? I'll suggest that if
we're willing to try, we are
already successful.
Because the truth is that success lies in
the willingness to try, to take the risk in
the first place.
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Attachment for C.4
SPEAKING ENGAGEMENTS
Friday, September 22,2000 East Naples Kiwanis Club
7:30 a.m.
Wednesday, November 15, Greater Naples Leadership Master Class. 20 minute talk about
2000 growth management in Collier County and the "big picture"
9:30 a.m. followed by 10 minutes for questions. Contact: Pat Aluisi 403-
9477. ('TWo)
Wednesday, November 15, East Naples Civic Association. Lunch at Windstar/Brief talk re:
2000 What's happening in Collier County (Bob 793-2317) (JEB)
11 :30 a.m.
Monday, November 27,2000 Collier Athletic Club, Community Leaders Group
7:30 a.m. (MJB per 'TWO)
Wednesday, December 6, Immokalee Rotary Club - Immokalee Friendship House.
2000 Contact: Eva Deo 658-3630 (JEB)
12:00 noon
Monday, February 5, 2001 Presentation to 3ra graders from Shadowlawn Elementary
9:30 a.m.
Thursday, January 25, 2001 Optimist Club
6:00 D.m.
Wednesday, July 31,2001 Jeff Lytle Show
3:30 D.m.
Tuesday, February 6, 2001 Rich King Show
4:30 - 6:00 D.m.
Wednesday, February 28, Greater Naples Leadership Program
2001
1 :30 D.m.
Friday, March 2, 2001 Reading Day at Big Cypress Elementary School
1 :00 D.m.
Tuesday, March 13,2001 County Government Days-Speak to kids
8:30 a.m.
Wednesday, April 25, 2001 Downtown Rotary
12:00 noon
Thursday, May 3, 2001 National Day of Prayer
12:00 noon
Monday, May 7, 2001 Collier County Republican Executive Meeting-Re: County Info
7:00 c.m.
Wednesday, June 6, 2001 Jeff Lytle Show
4:00 C.m.
Wednesday, July 18, 2001 Prudential WCI Realty State of the County Speech
8:30 a.m.
Wednesday, July 25, 2001 Golden Lifestyles TV Show
8:00 a.m.
Wednesday, August 1,2001 WINK Radio Interview
8:00 a.m.
Monday, August6,2001 Frank Kinsman Show
7:30 - 8:30 a.m.
Thursday, August 9, 2001 Introduction at Cub Scout Group 2001
7:00 p.m.
Thursday,August23,2001 Naples Chamber-Speak regarding what's happening in Collier
7:30 a.m. County
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'""1)722/2001
Attachment for L.l
Administrator Example Action Plan
Total points available = 300
It is our mission to deliver local government services
to our residents and visitors that
exceed expectations
Dailv work & controls (80 Doints): Holds regular staff meetings with
Division's management, relays information to the employees, follows all County's
policies and procedures, maintains the annual Division budget, proactively
addresses problems working independently to maintain a high professional
standard, exercises good judgement, completes assigned tasks in a timely and
professional manner, conducts business with integrity, maintaining high ethical
standards.
Six Month Comments:
Annual Review Comments
Meets standards 60 total oints:
Major financial systems are reviewed annually to ensure
compliance with ordinance, resolutions and procedures,
including but not limited to impact fees and the billing and cash
handlin s stems for water, wastewater, effluent and the landfill.
Executive summaries, staff reports and short term goals are
com leted on time
Budget are managed throughout the division so that no
violations of established policies and procedures occur, and
outside of acts of God, unforeseeable circumstances, or County
Manager approved direction changes, budgets are managed
with minimum use of reserves
Other major public interaction systems including but not limited
to the customer service public interactions, format of utility
billin , landfill scale-house, are reviewed annuall to ensure
Possible Actual
20
15
15
10
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compliance with established statutes, ordinances, resolutions or
other established rocedures.
Exceeds Standards (10 additional. 70 total points)
Measure: Same as above and
Work is qenerallv done ahead of time 5
A team approach for financial, operational and customer service 5
reviews is established
Superior Performance (10 additional. 80 total points)
Measure: Same as above and
Work is consistentl ahead of schedule 5
A financial audit of a particular section is requested through the 5
Clerk of Courts after an internal staff review is completed to
provide a publicly accepted third party confirmation of the
securi and com Iiance of the s stem.
Caoital Proiect Administration (60 ooints): Manages the budgeting,
scheduling, construction, marketing/public relations of all capital projects
assigned.
Six Month Comments:
Annual Review Comments:
Measure:
Meets standards 30 total oints: Possible Actual
Has individual staff assignments, realistic budgets and 13
schedules assigned to each project over $25,000 in value by
June 1 200l.
Completes 100% of the assigned "Key" Capital projects under 10
the established schedule and at or under the established
bud et.
Identifies and works with the ke ro'ect stakeholders 8
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including the surrounding neighborhoods, key user groups,
the BCC to ensure the most successful ro 'ects ossible.
Provides quarterly updates regarding the key project's 6
schedules and budgets, to the Manager and Division
Administrators.
Provides regular and creative updates to the BCC regarding 3
the progress of the key and other capital projects, schedules a
creative groundbreaking and ribbon cutting ceren .ony for each
ke ro . ect.
Exceeds Standards (20 additional & 50 total points)
Measure' Same as above and
"
Brings 100% of the key projects and 80% of the balance of 12
capital projects are completed at or under budget and ahead
of schedule
Develop creative and positive ways for the customers to be 8
involved in the development of the capital projects for the
upcoming fiscal year's budgets and those currently under
desiqn for FY 00 - 01.
Superior Performance (10 additional & 60 total points)
Measure: Same as above and
Brings 100% of the key projects and 90% of the balance of 10
ca ital ro 'ects in under bud et and ahead of schedule
Communications (60 Doints): Written and verbal communications to the
Public, County Commissioners, and staff is professional, positive, timely,
accurate, polite and creative whenever appropriate.
Six Month Comments:
Annual Review Comments:
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Measure:
Meets standards 40 total oints: Possible Actual
Responds by the assigned deadlines, and consistently meets 15
the defined criteria above.
Regularly visits and talks with employees in and throughout 10
the division, establishes an informal roundtable or brown bag
lunch opportunity and annual schedule for each mJjor
department at least twice annually with division and twice or
more with each Director
Develops an employee communications center in each major 8
work place, to include minutes of meetings, announcements
from County Manager, Administrator, Support Services and
De artment Directors b June 1 2001.
Provides the Bee with 6 positive/good news items using a 7
varie of methods.
Exceeds Standards (10 additional & SO total points)
Measure: Same as above, and
More often than not responds before the assigned deadlines 5
and re ularl exceeds the defined criteria
Makes three ublic resentations to communi 3
Provides the Bee with 9 ositive items. 2
Superior Performance (10 additional & 60 total points)
Measure: Same as above and
Is ahead of the assigned deadline on the vast majority of 4
communications, and regularly provides better quality
communications than was ex ected exceedin ex ectations
Develops a regular newsletter for the division to communicate 4
with the employees to keep them all informed and positively
rei nforced
Makes more than six ublic resentation to communi 1
Provides the Bee with 12 or more ositive items. 1
Initiative (40 Doints): Generates ideas, develops and encourages a creative
environment within the Division, receives approval for and implements
improvements to the customer service systems, work flow, the budget process,
public relations, and/or work products in the Division, or throughout the
organization that specifically further our vision.
Six Month Comments:
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Annual Review Comments:
Possible Actual
20
Exceeds Standards 10 additional &. 30 total oints:
Develops, discusses and receives approval for and completes 10
seven specific improvement/initiative ideas, four of which are
team ro 'ects two ersonall lead.
Su erior Performance 10 additional &. 40 total oints:
Develops, discusses and receives approval for, and completes 10
nine or more specific improvement/initiative ideas, three of
which require cross functional teams of three or more
departments or divisions. GIS, Contracts Team/ C4~
Strate Ie Business Team
Division Staff Development (30 points): Provides leadership and
management for the division. Defined as knowing each manager as individuals,
their families, their professional goals, their professional strengths and
weaknesses. Develops written action plans for each member of the division
management staff that reflects the mission and vision of the organization,
pushes authority into the organization, finds projects recognizing Director's
strengths and helps to develop areas needing improvement. Works with the
organization and the division staff to develop and professionally stretch each
member.
Six Month Comments:
Annual Review Comments:
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Meets standards. 18 total oints: Possible Actual
Written action plans for each member of the division 18
management staff by March 1, 2001 that promote and further
the organization's mission and vision holding performance
related meetings with each individual employees twice annually.
Assuming that action plans were completed for each employee
within span of control, but not by March. No information in self
a raisal.
Exceeds standards (6 additional &. 24 total points)
Measure: Same as above and
Requires Directors to develop at least three improvement ideas of 6
their own, manage the process to successfully implement the
im rovement b Au ust 1 2001
Superior Performance (6 additional &. 40 total points)
Measures: Same as above and
Three or more Directors within the Division assume leadership 6
roles or teaching positions in professional organizations, or write
published articles, or develop and lead employee teams or
ro rams within the Coun .
Professional Growth (30 Doints): Finds and participates in projects and
course work that expand professional abilities and addresses areas that can be
improved (recommended: specific knowledge regarding...or publiC speaking).
Six Month Comments:
Annual Review Comments:
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Possible Actual
5
Exceeds standards (10 additional & 15 total points):
Develop an improved internal orientation and training program 5
taught by employees, video taped and available for future use
for maintenance workers
Has one article published in a journal of Statewide or National 5
circulation, or has a department or program that receives a
statewide or national award recognizing it for achievement,
customer service or innovation.
Superior Performance (10 additional & 10 total points):
Measure: Same as above and
Has any combination of two or more articles published in a 5
journal of Statewide or National circulation or departments or
programs that receive statewide or national award recognizing
it for achievement, customer service or innovation
Develops a curriculum and teaches an employee training 5
ro ram for other em 10 ees.
Actions for the County Manager
. Meet with on a regular basis personally to discuss performance
. Meet with on a regular basis to discuss projects, and help complete the
creative side of this action plan
. Look for opportunities where can stretch professionally and help him work
them into his action plan performance.
. Support and ensure his profile in the organization continues to be seen as
fully supported by the County Manager.
Actions for ImDrovement:
Summary:
Reviewed and Agreed to by:
Division Administrator
Reviewed and Agreed to by:
Thomas W. Olliff, County Manager
Total Points Available: 300
Equivalent County Scale: 500
Total Points achieved: 239
Total Points Achieved:
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Attachment for Additional Achievement #4
tttt
Your Persona I Compensation Statement for the Year 2000
As the most valuable resource of the Collier Board of County Commissioners, you receive income and a comprehensive set of employee
benefits as compensation Your income IS a direct form of compensation that includes your base salary, overtime and bonuses
Your employee benefits are an indirect form of compensation that include retirement contributions, health insurance and life insurance paid
for by the County on your behalf Although the value of these benefits is not reflected in your paycheck, they represent a significant portion of your over.
all compensation as shown in the graph below In addition, each employee receives 11 holidays, two personal days, vacation leave and sick leave
based on your years of service and salary as of December 31, 2000. The value to you of this paid time off is calculated below
To ensure you are fully informed about the value of the Income and benefits you received last year as an employee of Collier County, we
are pleased to provide you With this Personal Compensallon Statement for the Year 2000
Tom Olliff, County Manager
Plan Value
County Contributions
$40,396.72
$46,935.07
$3,590.53
$9,523.13
$5,892.00
$65,940.73
A PktIn of Your T" CompenMtion
Base Salary as of 12/31/2000
W- 2 Wages
Social Security
Retirement
Family Health Insurance
Total Contributions in Year 2000
Based on Annual Base Salary
Holiday Pay
Personal Leave
Vacation Leave
Sick Leave
Total Value of Leave
11 days per year
2 days per year
20 days per year
12 days per year
$1,709.09
$310.74
$3,107.44
$1,864.46
$6,991.74
10.73%
14.50'10
Base Salary
Leove Benefit
Employee Benefits
Remement
Collier County Government
Board of County Commissioners
James D_ Caner. PhD
Chairman
DistrICt 2
Pamela Mac'Kle
Vice Chairwoman
Olslricl4
Donna FIala
District 1
Tom Henning
Olslflct 3
Jim Colelta
District 5
Human Resources Department
(941) 774-8<4410
Risk ManagemenU6enefits
(!Ml) 77ol-Ul1
CaSA/RIsk Management
Gayl Brockmann
(941) 774.8417
ICMA
(IOO) 735.7202
NationWldelPEBSCO
(800) 432.0822
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(850) 488.6491
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RESOLUTION NO. 2001 .
A RESOLUTION REGARDING COLLIER COUNTY'S SUPPORT OF ADEQUATE
FUNDING FOR U.S. FARM BILL AGRICULTURAL CONSERVATION AND
STEWARDSHIP PROGRAMS.
Whereas, Florida has the largest agricultural production in the Southeast and the eighth largest
in the nation; and,
Whereas, Collier County has over 250,000 acres in farms; and,
Whereas, Collier County contains a large part of the threatened Western Everglades; and,
Whereas, Collier County is home to forty-four species of animals (excluding plants) which are
either federally or state listed as endangered, threatened or of special concern; and,
Whereas, Florida farmers had over $72 million in unmet need for USDA (Farm Bill)
conservation funding just last fiscal year alone; and,
Whereas, Governor Bush and his Cabinet, through their Final Order of June 22, 1999, have
required Collier County to better protect its rural wetlands, wildlife and agricultural
resources by June, 2002; and,
,_, Whereas, the Rural Lands Oversight Committee and Collier County staff have identified a
variety of financial incentive tools for helping protect rural natural resources and
encouraging agricultural stewardship, many of which depend on adequate Farm Bill
conservation funding.
NOW,THEREFORE, BE IT RESOLVED THAT THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, fully supports adequate
funding of U.S. Farm Bill conservation and stewardship programs, enabled through
conservation amendment language such as that being offered by Representatives Kind
(D-WI), Gilchrist (R-MD) and Boehlert (R-NY) to the pending U.S. House's Farm Bill,
H.R. 2646.
This Resolution Approved and Duly Executed this
day of
, 200 1.
A TIEST:
Dwight D. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
Deputy
James D. Carter, Ph.D., Chairman
Approved as to form and legal sufficiency:
_.
David C. Weigel, County Attorney
AGENDA 1T:::.0r-
No. q E:
SlP 2 J 2001
\
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9-25-01; 8:06AM;CCLLIEP CTY. DEV_
;941 403 2395
# 1/ 2
EXECUTIVE SUM:\tlARY
AUTHORIZE CHARITABLE SOLICITATIONS BY THE FIRE DISTRICTS TO
RAISE FUNDS FOR FALLEN FIRE FIGHTERS IN NEW YORK CITY.
OBJECTIVE: To provide relief to the families of those fire fighters who lost their
life helping others in New York City.
CONSIDERA TIONS: The East Naples Fire District requests a waiver to conduct a
"boot drive" to collect funds on public rights-of-way for the purposes of helping families
who lost a fire fighter during the New York City tragedy. Pursuant to Section 26-1 of the
Code of Law and Ordinances, the District must receive a waiver from the Board of
County Commissioners.
This event will be held the weekend of September 29-30, 2001 and the solicitations will
occur at the following intersections:
Golden Gate / Santa Barbara
Pine Ridge / Airport
Davis & Airport
US 41/ Bayshore Drive.
However, should any of the other fire districts decide to conduct a charitable fundraiser to
provide relief for the New York City fire fighters, staff is requesting a blanket waiver for
this cause.
GROWTH MANAGEMENT PLAN:
management plan.
There IS no impact to the growth
FISCAL IMPACT: There is no fiscal impact relating to this request.
RECOMMENDATION: That the Board of County Commissioners permit
solicitations in the right-ot-way by the fire districts for the purposes of raising funds for
victims in New York, pursuant to section 26-1.
PREPARED BY:
DATE: tJ b1" /tJ1
John Dunnuc , Interim Community Development &
Environmental Services Administrator
IfbCi ON
AGE
No.
SEP 2 5 2001
Pg. I
EXECUTIVE SUMMARY
RECOMMENDA TION FOR THE BOARD OF COUNTY COMMISSIONERS TO
CONSIDER SETTLEMENT IN DOLPHIN COVE DEVELOPMENT OF
GOODLAND, INC. V. COLLIER COUNTY, NOW PENDING IN CERTIORARI
PROCEEDINGS IN THE SECOND DISTRICT COURT OF APPEAL
(CASE NO. 2DOl-3352) AND ALSO AS A DAMAGES LAWSUIT IN THE UNITED
ST A TES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
(CASE NO. 2:01-CV-77-FfM-29DNF)
OBJECTIVE: For the Board to consider a settlement proposal in Dolphin Cove v.
Collier County. now pending in certiorari proceedings in the Second District Court of
Appeal (Case No. 2DOI-3352) and also as a lawsuit for damages in the United States
District Court for the Middle District of Florida (Case No. 2:0 l-CV -77 -FfM-29DNF).
CONSIDERA TIONS: On September 28, 2000, the Board of County Commissioners
considered the Goodland Civic Association's appeal of the Planning Director's
interpretation of the site development plan for the Dolphin Cove project located in
Goodrand and voted to reverse the Planning Director's decision that the site development
plan was consistent with the County's Land Development Code. Accordingly, both the
original site development plan and the building permit for the Dolphin Cove project were
revoked. Subsequently. the plaintiff filed two lawsuits in state court. One suit was
essentially a method of appeal of the Board's decision and will be referred to hereafter as
the state court certiorari case. The state court certiorari case does not seek damages but
rather to force a new hearing or to reinstate the invalidated site development plan and
building permit. The plaintiff also filed a suit for damages and equitable relief in state
court. The County later removed that suit to federal court because it contained federal
claims. That suit will be referred to here as the federal court damages case.
On July 2, 2001 the state court entered an order granting the petition for certiorari in the
state court certiorari case and quashing the Board's decision rejecting the Planning
Director's interpretation as to the validity of the plaintiff's site development plan under
the County's Land Development Code. A copy of that order is attached as Exhibit 1.
The County has now sought review in the Second District Court of Appeal of the lower
court's order in the st~te court certiorari case. In the meantime, discovery is proceeding
in the federal court damages case and that case is scheduled for a nonjury trial in April,
2002.
At this time, Dolphin Cove Development of GoodlaI1d, Inc., the plaintiff in both lawsuits,
is proposing to settle both lawsuits for $4,588,000.00. See Exhibit 2 attached to this
Executive Summary. As part of this settlement, the County would acquire title to the
Dolphin Cove property where the Dolphin Cove project was to be located. Parks and
Recreation staff had previously sought to acquire this property prior to its acquisition by
the current owner. Parks and Recreation staff remain very interested in acquiring this site
to use as a boat launch facility and County park. The acquisition of the site by the
County for the purpose of developing a boat launch facility and County park is also
/- endorsed by the Goodland Civic Association. The advantage of such a settlement to the
County is that it would acquire a 5 plus acre site and accomplish it
maintaining the village residential character of the Goodland area. In ad . . n, the J~ fPr)
SEP 2 5 2001
Pi. ---L-
County would minimize its exposure to a significant damages claim should the result in
the state court certiorari case stand and should the plaintiff be sLlccessful in the federal
court damages case. At this time, the plaintiff contends it has been damaged in an
amount in excess of $1.7 million dollars. As a worst case scenario, the plaintiff could
conceivably win the right to build the project as designed in the original site development
plan and also recover substantial damages.
GROWTH MANAGEMENT IMPACT: If the settlement is accepted, the County will
achieve its objective of maintaining the village residential character of Goodland. In
particular, the site would then be used as a County park and boat launch facility and
would be more in keeping with the surrounding Goodland area. If the County rejects the
settlement and ultimately loses the state court certiorari case and federal court damages
case, the plaintiff and owner of the Dolphin Cove project will be allowed to proceed to
build the project in conformity with the original site development plan. The Board has
previously determined that such a result would be inconsistent with the County's Land
Development Code and the desired village residential character for the area.
FISCAL IMPACT: If the County accepts the proposed settlement, it will acquire a 5
plus acre site for the development of a County park and boat launch facility. Prior
appraisals received by the County on this site in the spring of 2000 indicated the site at
that time had an appraised value of at least $3.14 million dollars. In addition, the County
would avoid exposure to a significant damages judgment as well as the costs of defending
a lawsuit. Those costs may be reasonably estimated as in excess of $60,000.00. Should
the case go forward and should the plaintiff win both the federal court damages case and
the state court certiorari case, the County will be exposed to a significant damages claim,
will incur the cost of defending the lawsuit and will not be in a position to acquire the
property. At this time, there is no money budgeted for the acquisition of the property and
funding sources would need to be identified if the Board is interested in such a
settlement.
RECOMMENDA TION: That the Board consider the attached settlement proposal in
Dolphin Cove v. Collier County and, if the Board votes to accept the proposal, that the
Board authorize the necessary budget amendments and also authorize the Chairman to
execute all necessary settlement documents.
p~~;J~
Michael W. Pettit, Assistant County Attorney
DATE:
0/ /7/0/
REVIEWED BY:
~O~
4 ~ ~~DATE:
Leo Ochs, Public Services Administrator nIl'/, ~J-/
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9//7~}
.
APPROVED BY:
~
DATE:
9- I 7- -lJ /
~~~9~rrr~
SEP 2 5 2001
Pg. ;;2
h:/Public/LitigationlOpen Cases/Dolphin Cove/exec sum ref con sid of settlement 091701
2
.u_. ::. LUJl ii,JU',;'il
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR
COLLIER COUNTY. FLORIDA CIVIL ACTION
)
DOLPHIN COVE DEVELOPMENT OF ~
GOODLAND, INC., )
~
)
)
}
) CASE NO. OO.4623:C~
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ORDER GRANTING PETITION FOR WRIT OF CERTIORARI Are DEfc1VING ~
PETITIONER'S RENEWED MOTION FOR ORAL ARGU~l'rr
is-'! -,~: .) I~_i
Petitioner.
vs.
COLLIER COUNTY, FLORIDA, a
Political subdivision of the State of
Florida,
~
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Respondent.
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THIS CAUSE comes before the Court on the Petitioner's (Dolphin Cove) Petition for
Writ of Certiorari and Renewed Motion for Oral Argument. The Petition challenges Collier
County's rejection of its Planning Director's interpretation that Dolphin Cove's site development
plan complied WITh the Land Development Code's village residential zoning provisions. The
Court.has reviewed the petition and exhibits attached thereto, Collier County's response and
exhibits attached thereto, the Petitioner's reply. and the applicable law governing such
proceedings.
Based upon that review, the Court finds as follows:
Dolphin Cove owns a 5-acre parcel in Goodland, Florida that is zoned village residential
(VR). The County's Land Development Code (LOC) permits multifamily dwellings in the VR
zoning district.
AGEND~ 'JR.1
NO. _Q uu.
SEP 2 5 2001
Pg. 3
EXHIBIT 1
JUL. ~. LUUl lj:JjAM
~tl~" v ANU rA~~IUUMU
NU. jl~o 1'. jib
The previous owner of the parcel submitted a site development plan (SDP-98-40) whicf
included a 5-story building comprised of 4 floors of residential occupancy over 1-story of
parking. It provided for 76 residential units within a 35-foot tall structure.
On November 12, 1998, the Planning Services Department for Collier County issued
final approval for the site development plan. The County issued an initial building permit on
February 10, 1999. The permit expired and was reissued in August, 2000. The current owner
purchased the property on September 11, 2000, and has allegedly spent and/or committed
over $500,000 in connection with the construction project.
Pursuant to sec. 1.6 of the LOC, the Goodland Civic Association (Civic Association)
subsequently requested an Ilofficial interpretation" from the Planning Services Director
conceming the project's compliance with the VA zoning designation. The Directors
interpretation upheld the SOP's approval as being consistent with both the technical
requirements and the purpose and intent of the VA district as of the date of approval. .
The Civic Association appealed the interpretation to the County Commission in its
capacity as the Board of Zoning Appeals (8ZA). The Association argued that even though the
SDP met all the relevant development standards, the proposed structure did not conform to the
"purpose and intent" of the zoning district because the structure was inconsistent with the
village character of Goodland. They concluded that under those circumstances, the Planning
Directors interpretation should not be upheld.
The BZA agreed with the Civic Association and voted to reject the Planning Director's
interpretation. The aZA determined that the size of the proposed structure in Goodland failed
to maintain a village residential character, despite the fact that the LOC allowed tor it at the
time the SOP was approved.
~~p~~
SEP 2 5 2001
Pg. L../
JUL. 9.2001 11:31AM
CHEr~v AND PASSIDOMO
NO. 3158 p, 4/6
. .
Dolphin Cove filed a timely petition for certiorari to appeal the BZA's decision.
This Court's responsibility in addressing a Petition for Writ of Certiorari is limited to
determining whether the County accorded procedural due process, observed the essential
requirements of lawl and supported its findings with substantial competent evidence. See City
of Deerfield Beach v. Vaillant, 419 So.2d 624 (Fla. 1982).
The Petitioner alleges that the 8ZA violated all of the above-cite.~ standards. However,
the Court need go no further than the allegation that the County failed to observe the essenti~
requirements of law.
At the time the SOP application was submitted and approved, the "purpose and intent"
portion of the LOC dealing with VR districts stated.:
The purpose and intent of the village residential district (VA) is to
provide lands where a mixture of residential uses may exist.
Additionally. uses are located and designed to maintain the village
residential character of the VR district.
The dimension standards found in sec. 2.2.9.4. of the LOG indicate a maximum
height in the VA district for multiple-family dwelfings is 35 feet. The parties do not
dispute that the SOP complies with that standard) as well as with all the other
development standards relative to the VA district
The SZA unanimously passed the motion to reject the Planning Director's
interpretation as being contrary to the LDC. Speaking in support of tne motion, one of
the commissioners noted that the proposed structure did not maintain the village
residential character of the area. When pressed as to how the project failed to comply,
the commissioner noted that there were no other 35-foot tall buildings in Goodland and,
therefore, the project could not possibly be considered to maintain the character of the
area.
AGENO~ ITEM
NO. , ~ ( ")
SEP 2 5 2001
Pg. 5"
JUL. 9.2001 11:32AM
CHEr~y AND PASSIDOMO
NO. 3158 P. 5/6
Despite the foregoing it is clear that the uses, including multifamily structures up to 35
feet tall, were permitted at the time the County approved the SOP and issued the building
permits. Since .the LDC provides that uses in the VR district were designed to maintain the
village residential character, the inescapable conclusion is that a 35-foot building was not
inconsistent with the purpose and intent of the VR district at that time. The Court recognizes
.
that the VR district "purpose and intent" language was subsequently amended to limit new
construction to the generally small height and size of the surrounding structures in Goodland;
however, at the time the SOP was approved, this language was not available to assist the
Planning Services staff. In addition, it is well established that the only criteria that the County
could rely on in determining the issue before it were those set out in the Code. See Conetta v.
City of Sarasota, 400 So. 2d 1051 (Fla. 2d DCA 1981); City of Naples v. Central Plaza of
Naples, 303 So. 2d 423 (Fla: 2d DCA 1974).
The Court recognizes the difficulty that the County Commission faced in light of the
Civic Association's opposition to this project. Certainly the County did not wish to go against
the lfwill of the people", which was clearly expressed at the hearing. However, the County
should nat have allowed its sympathy for the residents af Goodland to override its duty to
comply with its formal rules of governance and with the requirements of law,
Based on the foregoing, this Court finds that the Collier County Commission acting as
the Board of Zoning Appeals departed trom the essential requirements of law by finding that
the Petitioner's site development plan violated the Land Development Code.
Accordingly, it is hereby
~~J~I~~
S::-' 2 5 2001
Pi. ~
JUL. ~. L U U 1 11: j UM
CHP'Y AND PASS1DOMO
N!1 11h8
J, ..;J
P. 6/6
ORDERED AND ADJUDGED that Certiorari is Granted and the decision rejecting the
County Planning Director's interpretation is quashed. It is further ordered and adjudged that
the Petitioners Renewed Motion for Oral Argument is denied.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida this L?.t( ~ay
of
1"?
,2001.
$~P
HutD. ye
Ci cuit Judge
Certificate of Service
I HEREBY CERTIFY that a true and correct copy of the above order has been
fumished to Edward K. Cheffy, Esq" Chaffy, Passidomo, Wilson & Johnson, 621 Fifth
Avenue South, Suite 201, Naples, FL 34012;Ma~orie M. Student, Esq., Assistant
County Attorney f 3301 Tamiami Trail East, 8th Floor, Naples, FL 34112;and COY!W....
AdminISI~~301 Tamiami Trail East, Bldg, L, Naples, FL 34112 this ~fjay
of , 2001 .
DWIGHT BROCK
Clerk of Courts
By: C
Deputy Clerk
l'i~ao:I UlIOlll
~!t.~
SEf' 2 5 2001
Pg. 7
. 28. 200 1 4 : 18 PM
CR..j ill PASSIDOMO
EDIAMD I(. ~
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.IJIoIril C. KEHOE
IClMD Cllft'l!)CM. 'IIIIlL~
L.OUIS C. O'o4GQ5TWD
8DlADa!AI1ND~PRCnCE~
JEFF M. fDI'JT
CkH~r PASSIDOMO
WILSON &. JOHNSON
krtoI.1aD Kr J...-, UJt
821 FFT1i MENUE SOUTH, SUITE acn
MPLS. A...CRIDA 3Q02
TaEPHCNE: ~ 2I1alO
Fi\X: (Ia) 211-87112
&MAIL.: CPWJ.~ "TI GOIII
August 2~ 2001
Michael W. Pettit. esquire
OffIce at ltIe County Attorney
3301 E. Tamiami Trail, 8" Floor
Naples. Acrida 34112
Re: Dolphin eo.. Development of GoodIand, Inc.
v. CoHierCounty, case No. 2:01-CV-77-FTM-29DNF
Dear Mike:
4
NO. 5305 P. 2/2
DNI) It. ZlJUAN
.EFffEY 8. HOFFMAN
&ItWlD CI!ImPIED WILLS. r...- & _ AI'1DM5Y
LOUm W. eH!FFV
IJCIMD CEJIDlID IM.IBIG'!~
~ F. HUIXIINS
IaMD ClIft'FEI:l we RftlIINl!Y
USA H. 8MNETT
AHt:R!W H. FE&5
STANLeY It. BI..INNBI. JR.
OF CClUNIIiL;
JAMES yt EUClIG
8QlIIK) c:IiInB llIeM.l!!IIDIII1I AnOIlNIiY
R. scorr PfICE
Fallowing up on our conversation, I have asked my client far a '"bottcm line- number
which would be acceptable as 8 1818' price. While we have 8 current appraisal from a highly
respected appraiser, Julian Stoke&, for $5.320 million and while my clients first reaction was
to demand 8 minimum of 54.7 miWon. I have been authorized to advise you that my client wrll
accept $4,588,000 If this matter can be brought to a conclusion quickly.
When you present this proposal to the County Commissioners, we request that you
Inform them that our client is not Interested in any counteroffers. If the County wants to
purchase for 54,588,000. our client Is Willing to seD. OtherwiSe, we intsnd to procl!le d With the
ItUgatfon.
This price represents 8 5732,000 discount from fair market value. In addition, if W8 can
resolve the matter at this time, the County wJ1l sav8 substantial litigation costs, and aur dient
will release any and all daims far damages, costs and attorneys' fees. Please call If you would
like to discuss this matter.
Very truly yours,
.(~,
Edward K Chaffy
For the Fmn
EKCIIIh
cc; M&. Nicole Ginic
~~...,.wpa
AGENDA 11A1
NO. J:l at.l
SE~ 2 5 2001
Pg. ~
EXHIBIT 2
EXECUTIVE SUMMARY
RECOMMENDA TION FOR THE BOARD OF COUNTY COMMISSIONERS TO
CONSIDER SETTLEMENT IN COLLIER COUNTY V. MARSHALL, ET AL,
CASE NO. 99-2009-CA- TB, NOW PENDING IN THE TWENTIETH JUDICIAL
CIRCUIT COURT (COUNTY'S PRESCRIPTIVE EASEMENT CLAIM FOR
MILLER BOULEVARD EXTENSION).
OBJECTIVE: For the Board to consider settlement in Collier County v. Marshall, et
aZ, Case No. 99-2009-CA-TB. now pending in the Twentieth Judicial Circuit Court
(County's Prescriptive Easement Claim for Miller Boulevard Extension).
CONSIDERA TIONS: As the Board of County Commissioners is aware, the County
filed an action on June 18. 1999 seeking to establish by judicial declaration a prescriptive
easement over Miller Boulevard Extension, a dirt and gravel road running between u.s.
41 and Miller Boulevard in Southern Golden Gate Estates. The action was filed with
respect to eighteen (18) parcels that are traversed by Miller Boulevard Extension. Since
the action was filed, the County has acquired stipulated easement rights for two (2) of the
parcels and has obtained defaults against owners of several other parcels. The State of
Florida purportedly owns eleven (11) of the remaining parcels. while the Florida Wildlife
Federation owns one (1) parcel. Several parcels remain in the hands of individual
owners. One of these owners is the Miccosukee Indian Tribe.
As the Board also knows, the State of Florida is continuing forward with its plans to
purchase all of the parcels traversed by Miller Boulevard Extension and to remove
approximately one hundred and thirty (130) miles of paved road in Southern Golden Gate
Estates, including virtually all roads south of 66th Ave. SE. Among the roads designated
for removal is the portion of Miller Boulevard lying south of 66th Ave. SE. At this time,
the State has acquired approximately 85% of all parcels in the project area, including a
number of the parcels over which Miller Boulevard Extension runs.
Since the last time this matter was before the Board, the County has engaged in extensive
settlement negotiations with the State of Florida and the Florida Wildlife Federation. As
a result, the State of Florida and the Florida Wildlife Federation have agreed to settle the
County's prescriptive easement claim for Miller Boulevard Extension as more fully set
forth in Exhibit A to this Executive Summary. In particular, this settlement would
include the following terms and conditions:
1. The County would waive its prescriptive easement rights on behalf of the
public over Miller Boulevard Extension.
....-
2. The County would have a temporary use agreement with the State of
Florida and the Florida Wildlife Federation that would allow County vehicles and
AGENDA n;Q(
NO. l~
SEP 2 5 2001
Pg. I
1
emergency vehicles to use Miller Boulevard Extension until such time as Miller
Boulevard is physically removed as part of the State's Southern Golden Gate Estates
Hydrologic Restoration Project (the "Restoration Project").
3. The County would be permitted to undertake repairs and maintenance
along Miller Boulevard Extension as is more fully set forth in Exhibit E to Exhibit A. As
can be seen from that Exhibit E, however, the County cannot l!uarantee that Miller
Boulevard Extension will remain completely passable at all times and in all conditions
with such a repair and maintenance program. Nevertheless, the Miller Boulevard
Extension would in all likelihood be more passable for many more days a year than it is
currently. Under this agreement, the County would not be allowed to pave Miller
Boulevard Extension nor would it be allowed to raise its overall elevation or install any
culverts along Miller Boulevard Extension.
4. The County would assign any rights it has acquired either by way of
default or stipulation or otherwise in any of the parcels that traverse Miller Boulevard
Extension to the State.
5. The County would dismiss its prescnphve easement lawsuit with
prejudice insofar as the Florida Wildlife Federation and the State are concerned and
would do likewise to the extent it acquires default judgments, etc., against other property
owners and then assign those rights to the State.
6. While the County would remain subject to any permitting requirements to
perform any maintenance along Miller Boulevard Extension, the Florida Wildlife
Federation and the State of Florida have agreed to not to object to applications for any
such permits.
7. The temporary use agreement would be subject to approval by the Big
Cypress Basin Board Director.
8. The County will hold other signatories to the temporary use agreement
harmless for any liability arising from any work performed by the County for repairs or
maintenance on Miller Boulevard Extension. This hold harmless agreement would, of
course, be subject to the limited waiver of the doctrine of sovereign immunity in Section
768.28, Fla. Stat., and only operative to the extent Florida law would allow.
"-
9. The County would agree to abandon any rights or interests it has in the
paved portions of Miller Boulevard and Lynch Boulevard in Southern Golden Gate
Estates once the State has acquired all properties abutting those roads within the
Restoration Project area and upon written notice no sooner than sixty (60) days prior to
the time the State would necessarily have to go out to bid for construction work for that
phase of the Restoration Project. At this time, it is unknown what that timetable might
be.
~~~~I~
SEP 2 5 2001
Pg. ;;l.
2
Exhibit B attached to this Executive Summary is an alternative settlement proposal that,
as of the date this Executive Summary was drafted, has not been approved by either
Florida Wildlife Federation or the State. The most significant difference between the
settlement proposal set forth in Exhibit B and that set forth in Exhibit A is that the
County would not be automatically required to abandon its interests in the paved portions
of Miller Boulevard and Lynch Boulevard. Rather, the County would only be r~quired to
consider such an abandonment upon the written request of the state or federal agency
responsible for the Restoration Project, and then only after a regularly scheduled and
advertised Board of County Commission meeting at which such request would be placed
before the Board and the public as a matter for action. The primary reason for the
differences in the two settlements is. that the Office of the County Attorney has become
aware that there may be property owners who could conceivably be landlocked if the
County automatically abandons its interest in Miller Boulevard and Lynch Boulevard. In
addition, Exhibit B differs from Exhibit A in one other particular and that is that the
County would proceed to take default judgments against those property owners who are
not in contract with the State and are currently in default. Once those default judgments
are obtained, the County would assign its rights to the State of Florida as contemplated by
both versions of the settlement agreements. In turn, the State of Florida and the
Federation would allow the County the temporary use over those parcels as set forth in
both versions of the settlement agreements.
In addition, with respect to the parcel owned by the Miccosukee Indian Tribe, and for
which no default can be obtained, the Tribe has offered to allow the County the use of
Miller Boulevard Extension to the extent it traverses that property until and through such
time as the County is no longer permitted to use Miller Boulevard Extension under its
agreement with Florida Wildlife Federation and the State. In exchange, the Tribe seeks a
waiver by the County of approximately $3,000.00 in liens that exist upon the parcel.
GRO\VTH MANAGEMENT: If the County enters into a settlement agreement along
the lines outlined either in Exhibit A or Exhibit B, it eventually will lose all access or
claim to Miller Boulevard Extension. At such time, the road would not be available for
the County's use. At this time, the County's prescriptive easement over Miller Boulevard
Extension has not been judicially declared by a court. If those rights are upheld by a
court, however, that will not stop the State's acquisition program or the Restoration
Project from proceeding forward. At most, the County would ultimately gain some
unknown and likely small amount of monetary compensation for an easement that will
necessarily be eradicated as part of that acquisition program. Accordingly, under any
scenario, it appears the County will ultimately lose access to Miller Boulevard Extension.
FISCAL IMPACT: If the County proceeds with the litigation, there will be a
substantial expenditure of County Attorney and staff time in prosecuting the County's
claim. Further, expert witnesses will need to be retained if the Florida Wildlife
Federation is successful in convincing the court that this case involves issues of
~Ot~~
SEP 2 5 2001
Pg. 3
3
e'--
violations of the Federal Clean Water Act and the Federal End:.mgered Species Act. If
these issues remain in the case. it is estimated that the case from this point could easily
cost $20.000.00 or more to prosecute - unless the County is sLlccessful in a motion for
summary judgment. If the County ultimately wins either at the summary judgment stage
or following the trial. it is a certainty that both the State and the Florida Wildlife
Federation will appeal. If the settlements are entered into, there will be the costs
identified for maintenance and repairs to Miller Boulevard Extension. As Exhibit E to
both of the proposed two settlement agreement shows, that cost would be in the
neighborhood of $40.000.00 to $50.000.00 for the initial work, with possible
expenditures of $2.500.00 to $4.000.00 for a periodic maintenance trip thereafter. This
latter cost will be contingent upon the frequency and severity of washouts following the
initial work to repair and maintain Miller Boulevard Extension. Transportation
Operations has no money budgeted for this work at this time. Thus a budget amendment
would be required. In addition, there will be a cost to the County in waiving its lien
rights over the Miccosukee Indian Tribe property of approximately $3,000.00.
-
RECOMMENDA TION: That the Board consider settling the case of Collier County v.
Sheldon C. Marshall, et aI, Case No. 99-2009-CA-TB. along the lines proposed and also
consider entering into a settlement agreement with the Miccosukee Indian Tribe and. if
the Board elects to enter a settlement agreement, authorize the Chairman to sign all
necessary settlement documents.
PREP ARED BY:
/" /; /0
/ //1.- (,f;;
Michael W. Pettit
Assistant County Attorney
DATE:
Sl//C/// /
,
REVIEWED &
APPROVED BY:
k/V~()~
David C. Weigel
County Attorney
DATE: 9- /4-(f/
.
h:/PubliclLitigationlOpen Cases/CC v. Marshalllexec sum ref senlemeDl consideration.091401
~D\~~
SEP 2 5 2001
'-I
PI.
,--..
4
IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT,
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Plaintiff,
Case No. 99-2009-CA
v.
SHELDON C. MARSHALL, JR., and
PEGGY 1. MARSHALL BOBBY CLAY,
TRUSTEE, WILLIAM P. HOOP-ER, AND
JESSIE M. HOOPER, ROBERT R. DEVOSS,
ANCIL R. GANN AND BETTIE L GANN,
P. L OGDEN and JOYCE A. OGDEN,
FLORIDA WILDLIFE FEDERATION,
WILLIS C. LEMAN and LOLA M. LEMAN,
BOARD OF TRUSTEES OF THE INTERNAL
IMPROVEMENT TRUST FUND OF THE STATE
OF FLORIDA, JOHN A. PATIN and
ROSMARIE PATIN, AVATAR PROPERTIES,
INC., JUANITA B. JOHNSON, VIRGINIA
JUANITA LEE, BEVERLY BARKER HUTTON,
as Personal Representative of the Estate of STELLA
E. BARKER or BEVERLY BARKER HUTTON and
JAMES A. HUTTON,
D1i4~r
Defendants.
/
SETTLEMENT AGREEMENT
THIS AGREEMENT, entered into this
day of
, 2001, by and between
COLLIER COUNTY (hereinafter "County"), the BOARD OF TRUSTEES OF THE.;
INTERNAL IMPROVEMENT TRUST FUND, (hereinafter "Board of Trustees"). and the
FLORIDA WILDLIFE FEDERATION (hereinafter "Federation") the parties hereto,
AGENDA ~~
NO. I '::J..JJ;;;).
SEP 2 5 2001
Pg. 5
Witnesseth:
EXHIBIT A
WHEREAS, the parties to this Agreement are and have been involved in litigation in an
action pending in the Twentieth Judicial Circuit Court of the State of Florida (Case No. 99-2009-
CA-TB) (hereinafter referred to as "the Lawsuit") wherein the County seeks to establish a
prescriptive easement across property owned by Defendants the Board of Trustees and the
Federation; and
WHEREAS, the County seeks to establish said prescriptive easement along a certain
unimproved dirt road connecting Miller Boulevard Extension to U.S. Highway 41, and across the
property of the Board of Trustees and the Federation in order to provide safe and reliable access
for County and emergency vehicles into the area known as Southern Golden Gate Estates; and
WHEREAS, the area known as Southern Golden Gate Estates, including the dirt road
and the lands of Defendants Board of Trustees and the Federation are included within the Save
Our Everglades Mega/Multiparcel state acquisition project which is ranked as a priority on the
State of Florida's Conservation And Recreation Lands ("CARL") list and has been targeted for
acquisition by the State of Florida pursuant to Chapter 259, Florida Statutes; and
WHEREAS, the Board of Trustees has acquired 46,574 acres or approximately 85% of
the land within Southern Golden Gate Estates, and the Board of Trustees has authorized the use
of eminent domain to acquire remaining parcels within the first two phases of the project and
will be requested periodically to approve the use of eminent domain to acquire the remaining
parcels in all subsequent phases of the project, pursuant to Section 259.04(14), Florida Statutes;;
and
WHEREAS, once acquired by the Board of Trustees, the lands within Southern Golden
Gate Estates will be the subject of a state/federal restoration project which will result in the
AGENDA 18
NO. 1::2.
SEP 2 5 2001
pt. Co
2
intermittent flooding of the much of the area with water and will involve the removal of most of
the improved roads within Southern Golden Gate Estates; and
WHEREAS, upon the Board of Trustees' acquisition of substantially all of the remaining
lots within Southern Golden Gate Estates and upon the restoration of Southern Golden Gate
Estates, including the intermittent flooding of much of the area and the removal of Miller
Boulevard and most of the other improved roads in the area, the County will no longer require
access for County and emergency vehicles (e.g., law enforcement, fire, and ambulance) across
the dirt road; and
WHEREAS, the parties are desirous of resolving the Lawsuit without need for further
expense, litigation, delay, other proceedings, or expenditure of time;
NO\V THEREFORE, in consideration of the mutual covenants contained herein, and
for other good and valuable consideration, the sufficiency of which is acknowledged by all
parties, it is hereby stipulated and agreed by and between the parties hereto as follows:
1. As used in this Agreement, the following terms carry the associated definitions:
a) The term "County" means Plaintiff, Collier County, and its successors, elected
officials, officers, directors, attorneys, agents, servants, staff, employees, assigns,
personal representatives, and legal representatives, and each of them.
b) The term "DEP" or "Department of Environmental Protection" means the Florida
Department of Environmental Protection and its successors, officers, directors;.
attorneys, agents, servants, staff, employees, assigns, personal representatives,
and legal representatives, and each of them.
c) The term "Trustees" or "Board of Trustees" means the Board of Trustees of the
Internal Improvement Trust Fund of the State of Fl . body
SEP 2 5 200t
Pi. 7 3
consisting of the Governor and Cabinet, and whose existence is reaffirmed under
Section 253.001, Florida Statutes, and its successors, officers, staff, agents,
attorneys, assigns and legal representatives and each of them.
d) The term "Federation" means the Florida Wildlife Federation and its successors,
officers, members, directors, agents, staff, employees, attorneys, assigns, personal
representatives and legal representatives and each of them.
e) The term "dirt road" means that certain unimproved dirt road running north/south
between Miller Boulevard and US Highway 41 in Collier County and more
particularly described in Exhibit "A" attached to this Agreement.
f) The term "Board Property" means those lands title to which is held by the Board
of Trustees and traversed by the dirt road is situated, and more particularly
described in Exhibit "B" attached to this Agreement.
g) The term "Federation Property" means those lands title to which is held by the
Florida Wildlife Federation and which is traversed by the dirt road , and more
particularly described in Exhibit "C" attached to this Agreement.
h) The term "Affected Lands" means all other lands not owned by either the Board
of Trustees or the Federation which are traversed by the dirt road, and more
particularly described in Exhibit "D" attached to this Agreement.
i) The term "TUA" refers to the Temporary Use Agreement granted to the County
by the Board of Trustees and the Federation pursuant to paragraph 2 below.
j) The term "Agreement" refers the this Settlement Agreement entered into by the
parties in the above-styled action.
AGENDA IW~
NO. J;2 cg.).
SEP 2 5 2001
Pg. 8' 4
k) The term "Road Maintenance Plan" means that certain Plan prepared by the
County describing the temporary improvements and maintenance of the dirt road
during the life of the TUA set forth in this Agreement. At a minimum, the Plan
shall include a detailed description of all temporary improvements and
maintenance of the dirt road. See Exhibit "E."
1) Southern Golden Gate Estates means all lands located south of Interstate 75 and
north of U. ~. Highway 41 and contained within the Save Our Everglades
MegalMultiparcel Parcel set forth in the Conservation and Recreation Lands 2000
Annual Report.
m) The term "Restoration Plan" means the Southern Golden Gate Estates Hydrologic
Restoration Project as currently drafted, or as may be modified in the future.
2. TEMPORARY lJSE AGREEMENT: A Temporary Use Agreement ("TUA") is hereby
granted by the Board of Trustees through its lawfully designated agent, the DEP, Division of
State Lands, and the Federation (collectively referred to as "Grantors") to Collier County as
follows: For the faithful and timely performance of and compliance with the terms and
conditions stated herein. Grantors hereby grant to the County, a Temporary Use Agreement
("TUA") on Board Property and Federation Property subject to the following terms and
conditions:
a. Delegations of Authority On Board Property: Responsibilities and obligations of
the Board of Trustees under this TUA shall be exercised by the DEP.
b. Commencement and Duration: This TUA shall commence on the effective date
of this Agreement and upon its review and approval by the Big Cypress Basin Director,
the U.S. Fish and \Vildlife Service, the Board of County Commissioners of Collier
AGENDA I~
NO. t~
SEP 2 5 2001
9
5
PI.
County and the Board of Trustees of the Internal Improvement Trust Fund. The TUA
shall continue in duration until such time as the physical removal of the paved portions of
Miller Boulevard and Lynch Boulevard is completed, as described in the August 30, 2000
letter from the DEP, attached as Exhibit "F." The DEP, as the Board of Trustees' agent
under the TUA, shall give the County thirty (30) days written notice prior to completion
of the stated road removal to allow the County sufficient time to prepare for the closing
of the dirt road.
c. Use of the Property: This TUA permits the temporary use of Board Property and
Federation Property, as more particularly described in Exhibits "B" and "c" attached
hereto, by the County for County and emergency vehicles. This TU A also authorizes the
County to perform temporary maintenance, improvements, and repairs to the dirt road
subject to the conditions set forth herein, and as more particularly described in the Road
Maintenance Plan attached as Exhibit "E" hereto, in order to provide for and maintain
temporary, safe passage along the dirt road for County and emergency vehicles such as
ambulances, Sheriff s vehicles or independent fire district vehicles. No other use or
activity by the County shall be allowed.
d. Use of Property and Undue Waste: This TUA shall be non-exclusive. The Board
of Trustees and the Federation or their authorized agents shall retain at all times the right
to enter upon the lands covered by this TUA or engage in management activities not;'
inconsistent with the use herein provided for and shall retain the right to grant compatible
uses of the lands covered by this TUA to third parties during the term of this TUA.
The County shall not commit undue waste to the lands subject to the TUA. The
County shall clear, remove and pick up all debris resulting from anv work nerformed by
~~!I~
SEP 2 5 2001
10
Pg.
6
the County to maintain or improve the dirt road including, but not limited to, mud
containers, oil containers, papers, discarded tools and trash foreign to the work locations
and dispose of the same in a satisfactory manner as to leave the work locations clear and
free of any such debris. The County shall not dispose of any contaminants including but
not limited to, hazardous or toxic substances, chemicals or other agents produced or used
in the County's operations, upon any of the lands covered by this TUA.
e. Temporary Improvements: Pursuant to this TUA, the County shall have the right
to perform temporary improvements and maintenance on the dirt road. Pursuant to this
TUA, the County is expressly prohibited from paving the dirt road or any portion thereof.
The County is further prohibited from raising the overall elevation of the dirt road or
constructing ditches, culverts or other improvements along the dirt road that impede or
divert the natural flow of water across the Board, Federation and Other Properties. The
temporary improvements to the dirt road shall be limited to the filling or repair of
potholes and depressions which prohibit or impede the passage of County and emergency
vehicles along the dirt road, as is described in Exhibit "E."
f. Permits and Road Maintenance Plan: This TUA does not exempt, waIve or
otherwise excuse the County from obtaining any required state, federal and local permits
for any maintenance or repairs that the County seeks to perform along the dirt road. Any
application for permits to perform any maintenance or temporary repairs 0('
improvements to the dirt road shall be limited to the work specifically described in the
Road Maintenance Plan attached to this agreement as Exhibit "E." The Road
Maintenance Plan must be submitted for review and comment by the Big Cypress Basin
Director prior to any work or any application for permits to Rerform the temporary repairs
AGENDA I~
NO. , :2
SEP 2 5 2001
II
7
Pg.
and improvements provided for under the TUA. The Road Maintenance Plan as attached
hereto, may be modified by the County as a part of the permitting process, with the
written consent of all signatory parties to this Agreement and the written consent of the
Big Cypress Basin Director.
Neither the DEP, the Federation nor the Board of Trustees shall object to any
permit application, notice to issue a permit, or permit sought or obtained by the County
provided that the maintenance or repairs that are the subject of such permit application
are limited to the work more particularly described in the Road Maintenance Plan, and
otherwise conform to the agreements set forth in paragraph 2.e. above.
g. Expansion of TUA To Other Affected Lands: The parties agree that this TUA
will automatically expand to include all Affected Lands in which an interest is acquired
by the Board of Trustees during the term of this TUA. When the Board of Trustees
acquire an interest in any Affected Lands during the term of this TUA, the County shall
provide a release of all prescriptive easement rights over said Affected Lands to the
Board of Trustees prior to any closing between the Board of Trustees and the owner of
said Affected Lands to be acquired. This provision shall also apply to an interest in any
Affected Lands acquired by the Board of Trustees through tax deed sales, public
auctions, probate proceedings or eminent domain proceedings. The Board of Trustees
shall provide the County with at least 45 days written notice prior to the date the release .;
is required. The County also hereby agrees to assign to the Board of Trustees any
easement or other rights over the dirt road it may have already acquired or does acquire in
the future (except to the extent the County acquires any rights over what is sometimes
referred to as the Bobby Clay parcel by agreement with the owner and the owner ob'ects
AGENDA '~
NO. (.:J.
SEP 2 5 200t
I~
Pg.
8
to such an agreement), provided that such rights once assigned shall remain subject to
and become part of this Agreement and the TUA. Any such assignments will occur by
separate instrument to be executed by the County and the Board of Trustees.
h. Abandonment/Vacation of Dedicated County Roads: In consideration for the
covenants and agreements set forth in this Agreements, the County agrees to abandon,
or vacate, any rights, ownership and responsibilities it may have over Miller and
Lynch Boulevards (located within Southern Golden Gate Estates) upon the written
request of the state or federal agency responsible for the construction and
implementation of the Southern Golden Gate Estates Hydrologic Restoration Project
within Southern Golden Gate Estates, provided that no such request shall be made
prior to the acquisition by the Board of Trustees of all properties abutting either of
these roads in Southern Golden Gate Estates and no sooner than sixty (60) days prior
to the advertisement for bids for that phase of the construction involving the physical
removal of Miller and Lynch Boulevards in the Southern Golden Gate Estates.
Property Rights: The County agrees and it is herby expressly stipulated that this
TUA constitutes permissive use only and the placement of any improvements or repairs
on the property pursuant to this TUA shall not operate to create or vest any property right
in said holder except during the duration of the TUA and shall not conflict with the .;
conservation, protection and enhancement of said lands.
J. Assignment: This TUA shall not be assigned or otherwise transferred in whole or in
part without prior written consent of the Board of Trustees and the Federation. Any
AGENDA IJJIt1
NO. \d ~
SEP 2 5 200t
PI. I~ 9
assignment or transfer made either in whole or in part without the prior written consent of
the Board of Trustees and the Federation shall be void and without legal effect.
k. Breach of Covenants, Terms or Conditions: Should any party breach any of the
covenants, terms or conditions of this TUA, the aggrieved party to this Agreement shall
give written notice to the breaching party vmtttm notice to remedy such breach within 30
days of its discovery. In the event that the breaching party fails to remedy the breach
within 30 days of receipt of written notice of the breach, the aggrieved party may seek
specific performance of the TUA's terms and conditions as described in paragraph 5 of
this Agreement.
1. Liabilitv: Subject to the doctrine of sovereign immunity as limited by Section
768.28, Fla. Stat., and if and to the extent otherwise permitted by Florida law, the County
agrees to hold the Board of Trustees and the Federation harmless for any liability arising
from any negligence of the County in performing work or maintenance on the dirt road
pursuant to this Agreement.
3. The parties agree to an abatement of the proceedings in the above-styled matter pending
approval of the TU A in paragraph 2 of this Settlement Agreement by the Board of Trustees, the
Board of County Commissioners of Collier County and, the Big Cypress Basin Director.
4. Upon final approval of this Settlement Agreement pursuant to paragraph 13 below and
final approval of the TUA contained in paragraph 2, the County shall file a Notice of Voluntary .;
Dismissal With Prejudice in the Lawsuit within 10 business days. However, .this paragraph shall
not apply to the County's pending claim against Bobby Clay, including any separate action
brought against Bobby Clay or his successor in title or to any claim relating to any parcel across
which the dirt road runs that is not currently owned by the Board of Trustees, the Federation, or
AGENDA '1ft
NO. I :J.
SEP 2 5 2001
Pg. _I L./
10
that is not in contract with the Board of Trustees or that is not a subject of a stipulation with the
County in the Lawsuit or that is not in default in the Lawsuit.
5. Upon final approval of this Agreement pursuant to paragraph 13, and approval of the
TUA contained in paragraph 2 above, the County hereby unconditionally and fully releases,
remises, acquits, satisfies, and forever discharges the Board of Trustees and the Federation from
any and all claims alleged by the County in Case No. 99-2009-CA- TB and from any other claims
of any interest whatsoever in the lands that are the subject of this Agreement.
Likewise, and also upon the final approval of this Agreement as provided in paragraph 13
and final approval of the TUA contained in paragraph 2, the Board of Trustees and the
Federation hereby unconditionally and fully release, remise, acquit and forever discharge the
County, from any and all claims or defenses they have alleged or could have alleged in the
Lawsuit, i.e., Case No. 99-2009-CA-TB. Upon final approval of this Agreement and the TUA,
all parties also hereby expressly acknowledge and agree that any remedies they may have one
against the other in this matter will be limited to an action for specific performance of the terms
and conditions of this Agreement and the TUA, to be brought only in the venue of the Circuit
Court for Collier County, Florida.
6. The Board of Trustees agrees that the Federation Property shall be the last property to be
acquired by the Board of Trustees within the Southern Golden Gate Estates portion of the Save
Our Everglades CARL project. Within 30 days of the Board of Trustees' acquisition of an ;;
interest in all remaining lots within Southern Golden Gate Estates, the Federation agrees to
convey fee simple title to the Federation Property to the Board of Trustees at.the DEP approved
appraised value for said Property.
I AGENDA I~
NO. \;.l. r..p..
SEP 2 5 2001
PI. IS
11
7. The parties hereto affirm that they have freely and voluntarily entered into this
Agreement, fully intending to be bound by it. All parties stipulate that they have been
represented by counsel of their own choosing and have been fully advised as to the terms and
effect of this Agreement. The parties further agree this instrument shall be governed by, and
construed and interpreted in accordance with the laws of the State of Florida, except that the
parties agree that no provision or term of this Agreement, whether ambiguous or not, is to be
construed against any party either on the ground that the party physically drafted the provisions
or term or that that the party benefits from the provision or term.
8. The parties hereto agree and covenant that this writing comprises the full Agreement and
that no other terms or agreements exist other than as set forth herein.
9. Each party agrees that if any term, provision, covenant, or condition of this Agreement,
or the application thereof to any person, entity, or circumstance, shall to any extent be declared
to be invalid or unenforceable, the remainder of this Agreement, or the application of such a
provision, term, covenant, or condition to any other person, entity, or circumstance, shall not be
affected thereby, and each other provision, tenn, covenant or condition of this Agreement shall
be valid and enforceable to the fullest extent pennitted by the law.
10. All parties agree to bear their own attorneys' fees and costs incurred in or in connection
with the Lawsuit.
11. Failure of either party to insist upon strict performance of any covenant, condition or ;,
right in this Agreement or to exercise any right herein contained, shall not be construed as a
waiver or relinquishment of that or any other covenant, condition or right of the performance of
same, but all shall remain in full force and effect.
~~~~M
SEP 2 5 2001
I~
12
Pg.
12. All notices required to be given to the County shall be deemed given provided that thev
contain a specific reference to this Agreement, clearly state the purpose of the notice and are sent
by facsimile and first class U.S. Mail to:
David C. Weigel
County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
Facsimile No. 941-774-0225
and
Tom Olliff
County Man<..ger
3301 East Tamiami Trail
Naples, Florida 34112
Facsimile No. 941-774-4010
All notice required to be given by the County
Robert 1. Lovern
pept. of Environmental Protection and
3900 Commonwealth Blvd.
Mail Station 100
Tallahassee, FL 32399-300
Facsimile No. 850-922-6009
Nancy Payton
Florida Wildlife Federation, Inc.
2590 Golden Gate Pkwy., Suite 109
Naples, FL 34105
Facsimile No. 941-643-5130
13. This Agreement remains contingent upon the final approval of the Board of County
Commissioners of Collier County and the Board of Trustees of the Internal Improvement Trust
Fund and upon approval of the TUA set forth in paragraph 2 of this Agreement by the Board of
County Commissioners of Collier County and, the Big Cypress Basin Director. If this
Agreement and the TUA are not approved by all of the necessary entities on or before
this Agreement shall be void and the parties agree that Case No. 99-2009-CA- TB may be placed
back on the trial calendar.
I ~~~~
SEP 2 5 2001
Pg. --17 13
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year first above written.
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
FUND
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Eva Armstrong, 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
By:
James D. Carter, Ph.D., Chairman
Date:
DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
Date:
For the Board of Trustees
STATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of , 200 I,
by Eva Armstrong, 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. She is personally known to me.
Notary Public
Printedffyped Name of Notary
Commission No.:
Commission Expires:
AGENDA 'l!Jt
NO. I:J
SEP 2 5 2001
Pg. --.1 Z
14
FLORIDA WILDLIFE FEDERATION
By:
Nancy Payton
Field Representative
On Behalf of Florida Wildlife Federation
For the Florida Wildlife Federation:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of _ 2001, by Nancy
Payton. He/She is personally known to me or has produced as identification.
Notary Public
Printed/Typed Name of Notary
Commission No.:
Commission Expires:
AGENDA r!/
NO. r :2
SEP 2 5 2001
pg.~
15
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AGENDA 1Jit.1
NO.J~~
SEP 2 5
Pg. C).O
11
!I
"---_._'"..,,"""""'""'""",."''''~.".......,'...
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
David B. StrUlls
Secretary
SGGEI MILLER BOULEVARD EXTENSION STATE OF FLORIDA
OWNERSHIP INFORMATION
AGENDA I~
NO. I ~ (j;J
SEP 2 5 2001
Pg. ;;;2. \
P ge 1 of 1
Revised 8/14/01
"More Protection, Less Proc "
Printed on recyded paper. -,
EXHIBIT B
LOT#:
62
FOLIO RD.: 0077'1!Jf!1:XXj!9
OWNER(S): Florida Wildlife Federation
LEGAL DESCRIPTION OF ENTIRE LOT: Section 25, Township 515, Range 27E, N % of
SE 14 of SW 14 of SW 14
LEGAL DESCRIPTION AND SKETCH OF MILLER BOULEVARD EXTENSION AS IT
TRAVERSES LOT 62:
A PORTION OF TIlE SOlll'HWEST QUARTER Of TIi:E 50tJIlfWEsT QUARTl!R Of SECTION
23, TOWNSHIP" SOtmi. RANGE 27 EAST, COLLIER COtMrY, FLORIDA AND
BEING MORE PARTICULARLY DESCRlBIID AS FOLLOWS;
COMMENCING AT 1lIE SOt.mI'WEST CORNER OF SAID SECTION 25; 1lIENCE NORTH 19
DEGREES 02 MINtTreS 06 SECONDS EAST ALONG THE SOlTrn LINE OF SAID
SECTION 25, A DISTANCE OF 671.16 FEET; llIENCE NORTH I DEGREE 10
MINlII1!S 59 SECONDS WEST, A DISTANCE OF 332.02 FEET; lliENCE CONTINUING
NORTH ALONG SAID LINE. A DISTANCE OF 15.00 FEET TO nm POINT OF
BEGINNING; ntENCE COtomNl1lNO NORlll ALONG SAID LINE. A DISTANCE OF
69.00 Fi!ET; 1HENCI! NORTH I/>DEOIU!ES 36 MINtrres 21 seCONDS EAST, A
DISTANCE OF 161.521'l!1IT; THENCE NORllll1 DEGREES 46 MINlTTES 29 SECONDS
EAST, A DISTANCE OF 40.20 1'l!lIT; THENCE NOJcrH 10 DEGREES,. MrNlrrl!S 44
SECONDS EAST, A DISTANCE OF 45.75 FEET; TImNCE NORTH 19 DEGREES OS
MINUTES OJ SECONDS EAST, A DISTANCE OF .1.00 FEET; nmNCE SOtrnllO
DEGREES 40 M:lNtTmS40 SECONDS WEST, A DISTANCE OF 51.50 FEET; TIlENCE
SOUTH 11 DEGREES 46 MINl!l'ES 29 SECONDS WEST, A DISTANCE Of 40.20 FEET;
lllENCE soum 15 DEOR.l!l!S 49 MIN1ITES ]9 SECONDS WEST, A DISTANCE Of
226.97 FEET TO TIm POlm' Of BEGINNING; &. Jg 9!iE9'lilIiP n \S'l" S9HrUlolWO
Go IJl Aen& (!;Ji7 9~l:lAf\A. _l,. MeMl 011. t:ell&-
BASIS OF BEARINGS IS TIlE SOtrnl LINE OF SAID SECTION 25 BEING
NORTH 89 DEGRl!!!S 02 M1NllreS 06 SECONDS EAST.
MILLER 62
75
N.89'05.03"E. 680.25'
594.25'
N.11'46'29"E.
40.20.
S.l 0'40' 40"W.
51.50'
N.16'36'21"E.
161.52'
S.11'46'29"W
40.20'
r~
I.
i""
II)
v
'"
p
o
vi
I \Jest Line
(OF Spc. 25
S.15'4S'3S"W.
226.97'
62
S.89'03'34 W. 67S.55'
N
o
N
'"
_-~--Y-~-
I ~P,G.c, ~.8S'02'06"E.
S.W. Corner 678.86'
Sec. 25, Twp. 515.
Rge. 27E.
18
~South Line
Sec. 25
AGENDA ~
NO, I ;;}
SEP 2 5 2001
Pi. ~
EXHIBIT C
PROPERTY OWNERS
AS OF SEPTEMBER 12, 2001
I Owner as of 9/12/01 Folio Number Parcel Number
I
1
, Leman, Willis & Lola 0077132000/6 21
I
I
r Hutton, Beverly & James 0077392000/6 86
I
I
DeVoss, Robert R. I 0077388000/7 85
Marshall, Sheldon & Peggy 0077676000/1 15
Hooper, William & Jessie I 0077996000/2 95
I
I
Miccosukee Tribe of Florida 0077628000/2 3
AGENDA I~
NO. \ ~ 1{9-
SEP 2 5 2001
Pg. ;;Z 3
EXHIBIT D
Memorandum
To:
Michael Pettit
Assistant County Attorney
From:
Edward J. Kant
PE, Transportation Operations Director
Date:
May 1, 2001
Subject:
Dirt Road in Eastern Collier County
Otherwise known as "Miller Boulevard Extension"
We offer the following management plan for the initial work necessary to make Miller Boulevard Extension
reasonably passable and to maintain it in that condition:
1. Initial placement of silt fence and fill for significantly deep holes (greater than 12" maximum depth at deepest
point).
2. Placement of initial fill in depressions and holes, followed by compaction of placed ftIl and grading of filled
area.
3. Periodic maintenance of the roadway along its entire length from US 41 East north to its intersection with
Lynch Boulevard. Maintenance activities will consist of occasional replacement of fill as a consequence of
severe washouts, followed by grading and rolling of the placed fill material. We anticipate filling the
depressions, grading and rolling about 10 times annually. This program is not meant to provide fill material to a
point where there are no washouts or potholes, and does not include any culvert crossings.
We believe the foregoing program is the absolute minimum work necessary to assure reasonable access for most of
the year. We cannot, however, provide any type of guarantee that the road or trail will be passable every day of the
year. Significant storm events may preclude the minimal maintenance program anticipated by this management
plan. and there may be periods where only four-wheel drive vehicles can safely navigate the entire roadItrail.
The initial work would take about 3-4 weeks and will cost about $40,000-$50,000_ Most of the cost is for fill
material and trucking. Periodic maintenance costs will vary depending upon the severity of washouts, but will most
likely average from $2,5QO..S4,OOO per visit. There is no specific budget for any of this work and we cannot do
anything until the Bee approves both the work program and budget, based on prior Bee direction.
The following page contains sketches depicting the types of depressions, potholes and washouts we anticipate will
be repaired and the method of repair.
.. ..;
Please advise if you need any additional information or details.
cc: 'Ibomas W. owr, Comuy M_ger
Norman E. Feder. AICP. Trao.spor1aIioa AdmiDislralDr
Cozmie Deane, TllUISpClrt.lI!iCII Services Di~oa ("","numi~ Liaison
Larry Heary. Road IDd Bridge SuperiDrmdcnt
File: Mi1lcr Bou1cYard ExlcDsioa
Attachment as staled: Management PI.au Example Sketches
AGENDA 1Jfl!1
NO. ( ~ u;;J..
SEP 2 5 2001
- Pg. ~L/
Transportation Operations Department
EXHIBIT E
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fYPlOL IIWA5tlOUr I
PROPOSED MANAGEMENT PLAN EXAMPLES
FOR DIRT ROAD KNOWN AS "MILLER SOUL
~)C~ ~E~~~ I ' BOARD or COLUIR COUBTY of 1
D~- 5/OV01 DAJI9IlORW2OB BIIJCIS DlUSUt
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.: . . t lUPlI8. JI.I8I. _1M (Mi) ~
Department of
Environmental Protection
Jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee, Florida 3239CJ-3000
David B. StnJhs
Secretary
August 30, 2000
Michael W. Pettit, Esq.,
Office of the County Attorney
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
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RE: Southern Golden Gate Estates
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Mr. Pettit,
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Please find enclosed the summary of the Proposed Hydrologic Restoration Plan for .;::)
Southern Golden Gate Estates. The plan calls for removal of 130 miles of roads \vithin
Southern Golden Gate Estate, including virtually all roads south of 66th Avenue. SE.
Roads designated for removal are indicated by the broken or dashed lines. As you can
see, Miller, Lynch, Stewart and Everglades Boulevards will be completely or almost
completely removed.
If you have any questions, please feel free to contact me at (850) 488 - 9314.
7~
Andy J. Baumann
Senior Assistant General Counsel
AJB/yw
Enclosure
AGENOAI~}l
NO. I~
SEP 2 5 2001
Pi. OLG
EXHIBIT F
"Protect, Conserve and Manege Florida'$ En~Jrcnment Qnd Naf!JfO; F.eso~r:;e$"
Pnnted on ~ed poper.
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PROPOSED
GOLDEN
neT SHEET
PLAN FOR HYDROLOGIC RESTORATION OF SOUTHERN
GATE ESTATES IN COLLIER COUNTY, FLORIDA
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. ATLANTIC
OCEAN
Loca.tion:
South central Collier county, south of 1-75 and north of U.S. 41 between the
Belle Meade area and the Fakahatchee strand state Preserve.
Description:
Southern Golden Gate Estates (SGGE) encompasses an area of approximately 94'
square miles and is part of a bankrupt real estate development project called
Golden Gate Estates undertaken in the 1960's. Prior to development, the area
was characterized by seasonal flooding several months of the year and broad,
slow moving sheet flow sustained wetland vegetation and rejuvenated freshwater
aquifers. The network of roads intercepts the historic flowways. Forty-eight
miles of canals overdrains the landscape and quickly diverts surface and
groundwater flow to a point discharge into the Faka Union Bay, thus damaging
the ecology of the Ten Thousand Islands estuary.
SGGE was identified in 1985 as a component of the Governor's Save our
Everglades program and included in the state's CARL (Conservation and
Recreation Lands) program. Land acquisition, which is a key component of t~e
restoration, is being administered by the Florida Department of Environmental
Protection, Bureau of Land Acquisition. .
Ecoloqic~ ~orta.nce:
The western Everglades system, including SGGE, contains some of the most
biologically diverse plan~ and wildlife communities on the North American
continent. SGGE serVes as the headwaters of the central portion of the Ten
Thousand .Islands National Wildlife Refuge and is surrounded on three si
public.lands,- including the_Florida Panther National.Wildlife Refug~, ---
Fakahatchee Strand State Preserve,. collier-Seminole state Park and the
Meade CARL project.
- -, -- -. --.. ---- -----~
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. ...AGENDA~
llNO:- t:2
SE~). 5 _2001
Pg. ~-"
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Restoration Goa1s:
· Reestablish historic flowways, sheetflow and hydroperiods of wetlands to
near historic levels
· Reduce point discharges to improve the health and productivity of
downstream estuaries
· Maintain flood protection for developed areas north of the project
· Improve aquifer recharge for water supply and a salt water ~ntrusion
barrier
· Restore and enhance habitat for fish and wildlife resources including
listed species such as the Florida panther, Florida black. bear and wood
stork, as well as rare habitat such as tropical hammocks and plant species
including orchids and bromeliads
· Preserve upland habitat .
· Control invasive exotic plants
· Improve water quality of sto~ater runoff
· Reduce or eliminate overdrainage of adjacent, sensitive ecosystems
· Provide resource based recreational opportunities
· Provide contiguous habitat conservation for the greater-Everglades
ecosystem including the Florida Panther National Wildlife Refuge,
Fakahatchee Strand State Preserve, Ten Thousand Islands National Wildlife
Refuge, Collier Seminole State Park and the Belle Meade CARL area.
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Components of the Proposed Hydrologic Restoration Plan:
· Land Acquisition of approximately 55,000 acres,
· Construction of 2.4 miles of Spreader Channels, 83 Canal Plugs, 130 miles
of Road Removal and Regrading, and 3 Pumping Stations with a total combined
capacity of 890 Horse Power, and combined discharge capacity of 860 cfs,
· Ecological and hydrological monitoring program to determine effectiveness,
· Adaptive management to ensure desirable ecological responses.
USDA Natural Resources Conservation Service Watershed Planning Assistance:
The USDA Natural Resources Conservation Service (NRCS) and the South Florida
Water Management District (SFWMD) have a Cooperative agreement to collect _
additional baseline data and conduct a hydrologic modeling effort to predict
changes to vegetation due to water level changes after restoration. This
project is being guided by a multi-disciplinary project team with
representatives from the USDA NRCS, SFWMD, Florida Game and Freshwater Fish
COmmission, U.S AImy Corps of Engineers(COE), U.S Fish and Wildlife Service,
Florida Division of Forestry, Florida Park Service, Florida Department of
Envi"ronrnental Protection and the Conservancy of Southwest Florida.
:tmpl.e.mentation :
The project is being proposed for implementation as a Critical Ecosystem
Restoration Project under the Water Resources Development Act of 1996 funding
initiative through a partnership of the COE and SFWMD. Estimated Project
Implementation cost is $15.6 Million.
Management Plan
Florida Division of Forestry is responsible for management of the public lands
in SGGE, known as the Picayune Strand State Fprest. Management will emphasize
invasive exotic plant control, habitat conservation, nature appreciation and
recreation including fishing, camping, hiking, nature study and hunting.
AGENDA ~TkM
NO. l.:2 'f?2
SEP 2 5 2001
.._Pg. ;lg
F~r.m~re information.regarding the SG?E r~storationproject, contact-the
D~v~s~on of Forestry at (941)352-4212 or the Big Cypress Basin at (941)5
1505. Revised 2/99
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SEP 2 5 2001
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RGURE 1. Recommended Plan Southern Golden Gate Estates Hydrologic Restoration
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SEP 2 5 200t
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IN THE CIRCUIT COURT, TWENTIETH JUDICIAL CIRCUIT.
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Plaintiff,
Case No. 99-2009-CA
v.
SHELDON C. MARSHALL, JR" and
PEGGY J. MARSHALL, BOBBY CLAY,
TRUSTEE, WILLIAM P. HOOPER, AND
JESSIE M. HOOPER. ROBERT R, DEVOSS,
ANCIL R. GANN AND BErrIE L. GANN,
P. L. OGDEN and JOYCE A. OGDEN,
FLORIDA WILDLIFE FEDERATION,
WILLIS C. LEMAN and LOLA M. LEMAN,
BOARD OF TRUSTEES OFTRE INTERNAL
IMPROVEMENT TRUST FUND OF THE ST ATE
OF FLORIDA, JOHN A. PATIN and
ROSMARIE PATIN, AVATAR PROPERTIES,
INC., JUANITA B, JOHNSON, VIRGINIA
JUANITA LEE, BEVERLY BARKER HUTTON,
as Personal Representati ve of the Estate of STELLA
E. BARKER or BEVERLY BARKER HUTTON and
JAMES A. HUTTON,
Defendants,
I
SETTLEMENT AGREEMENT
THIS AGREEMENT, entered into this
da y of
, 2001, by and between
COLLIER COUNTY (hereinafter "County"), the BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST FUND, (hereinafter "Board of Trustees") and the
FLORIDA WILDLIFE FEDER A nON (hereinafter "Federation") the parties hereto,
AGENDA r~~
NO. \ a ~
SEP 2 5 2001
Pi. ~\
Witnesseth:
EXHIBIT B
WHEREAS, the parties to this Agreement are and have been involved in litigation in an
action pending in the Twentieth Judicial Circuit Court of the State of Florida (Case No. 99-2009-
CA-TB) (hereinafter referred to as "the Lawsuit") wherein the County seeks to establish a
prescriptive easement across property owned by Defendants the Board of Trustees and the
Federation; and
WHEREAS, the County seeks to establish said prescriptive easement along a certain
unimproved dirt road connecting Miller Boulevard to U.S. Highway 41, and across the property
of the Board of Trustees and the Federation in order to provide safe and reliable access for
County and emergency vehicles into the area known as Southern Golden Gate Estates; and
WHEREAS, the area known as Southern Golden Gate Estates, including the dirt road
and the lands of Defendants Board of Trustees and the Federation are included within the Save
Our Everglades Mega/Multiparcel state acquisition project which is ranked as a priority on the
State of Florida's Conservation And Recreation Lands ("CARL") list and has been targeted for
acquisition by the State of Florida pursuant to Chapter 259, Florida Statutes; and
WHEREAS, the Board of Trustees has acquired 46,574 acres or approximately 85% of
the land within Southern Golden Gate Estates, and the the Board of Trustees has authorized the
use of eminent domain to acquire remaining parcels within the first two phases of the project
and will be requested periodically to approve the use of eminent domain to acquire the remaining
parcels in all subsequent phases of the project, pursuant to Section 259.04(14), Florida Statutes;
and
WHEREAS, once acquired by the Board of Trustees, the lands within Southern Golden
Gate Estates will be the subject of a state/federal restoration project which will result in the
AGENDA lJ.kM
NO. \~~
SEP 2 5 2001
Pg. 3~
2
intermittent flooding of much of the area with water, and will involve the removal of most of the
improved roads within Southern Golden Gate Estates; and
WHEREAS, upon the Board of Trustees' acquisition of substantially all of the remaining
lots within Southern Golden Gate Estates and upon the restoration of Southern Golden Gate
Estates, including the intermittent flooding of much of the area and the removal of Miller
Boulevard and most of the other improved roads in the area, the County will no longer require
access for County and emergency vehicles (e.g., law enforcement, fire, and ambulance) across
the dirt road; and
WHEREAS, the parties are desirous of resolving the Lawsuit without need for further
expense, litigation, delay. other proceedings, or expenditure of time;
NOW THEREFORE. in consideration of the mutual covenants contained herein, and
for other good and valuable consideration, the sufficiency of which is acknowledged by all
parties, it is hereby stipulated and agreed by and between the parties hereto as follows:
l. As used in this Agreement, the following terms carry the associated definitions:
a) The term "County" means Plaintiff, Collier County, and its successors, elected
officials. officers, directors, attorneys, agents, servants, staff, employees, assIgns.
personal representatives, and legal representatives, and each of them.
b) The term "DEP" or "Department of Environmental Protection" means the Florida
Department of Environmental Protection and its successors, officers, directors,
attorneys, agents, servants, staff, employees, assigns, personal representatives,
and legal representati ves, and each of them.
c) The term "Trustees" or "Board of Trustees" means the Board of Trustees of the
Internal Impl"C1\ ement Trust Fund of the State of Flo 'da which is a collegial body
AGENDA ~
NO. t~
SEP 2 5 2001
33
3
Pg.
consisting of the Governor and Cabinet, and whose existence is reaffirmed under
Section 253.001, Florida Statutes, and its successors, officers, staff, agents,
attorneys, assigns and legal representatives and each of them,
d) The term "Federation" means the Florida Wildlife Federation and its successors,
officers, members, directors, agents, staff, employees, attorneys, assigns, personal
representatives and legal representatives and each of them.
e) The term "dirt road" means that certain unimproved dirt road running north/south
between Miller Boulevard and US Highway 41 in Collier County and more
particularly described in Exhibit "A" attached to this Agreement.
f) The term "Board Property" means those lands title to which is held by the Board
of Trustees and which is traversed by the dirt road, and more particularly
described in Exhibit "B" attached to this Agreement.
g) The term "Federation Property" means those lands title to which is held by the
Florida Wildlife Federation and which is traversed by the dirt road , and more
particularly described in Exhibit "C" attached to this Agreement.
h) The term "Affected Lands" means all other lands not owned by either the Board
of Trustees or the Federation which are traversed by the dirt road, and more
particularly described in Exhibit "D" attached to this Agreement.
i) The term "TUA" refers to the Temporary Use Agreement granted to the County
by the Board of Trustees and the Federation pursuant to paragraph 2 below.
j) The term "Agreement" refers the this Settlement Agreement entered into by the
parties in the above-styled action.
AGENDA ~~
NO. I;:) ~
SEP 2 5 2001
Pi. :3 L(
4
k) The term "Road Maintenance Plan" means that certain Plan prepared by the
County describing the temporary improvements and maintenance of the dirt road
during the life of the TUA set forth in this Agreement. At a minimum, the Plan
shall include a detailed description of all temporary improvements and
maintenance of the dirt road. See Exhibit "E".
1) Southern Golden Gate Estates means all lands located south of Interstate 75 and
north of U,S, Highway 41 and contained within the Save Our Everglades
Mega/Multiparcel Parcel set forth in the Conservation and Recreation Lands 2000
Annual Report.
m) The term "Restoration Plan" means the Southern Golden Gate Estates Hydrologic
Restoration Project as currently drafted, or as may be modified in the future,
2. TEMPORARY USE AGREEMENT: A Temporary Use Agreement ("TUA") is hereby
granted by the Board of Trustees through its lawfully designated agent, the DEP, Division of
State Lands, and the Federation (collectively referred to as "Grantors") to Collier County as
follows: For the faithful and timely performance of and compliance with the terms and
conditions stated herein, Grantors hereby grant to the County, a Temporary Use Agreement
("TUA") on Board Property and Federation Property subject to the following terms and
conditions:
a, Delegations of Authority On Board Property: Responsibilities and obligations of
the Board of Trustees under this TUA shall be exercised by the DEP.
b. Commencement and Duration: This TUA shall commence on the effective date
of this Agreement and upon its review and approval by the Big Cypress Basin Director,
the Board of County Commissioners of Collier County a
of the
AGENDA IT~
NO. r ~ (BJL
SEP 2 5 2001
3S
Pg.
5
Internal Improvement Trust Fund. The TUA shall continue in duration until such time as
the physical removal of paved portions of Miller Boulevard and Lynch Boulevard is
completed as described in the August 30, 2000 letter from the DEP, attached as Exhibit
"F". The DEP, as the Board of Trustees' agent under the TUA, shall give the County
thirty (30) days written notice prior to completion of the stated road removal to allow the
County sufficient time to prepare for the closing of the dirt road.
c. Use of the Property: This TUA permits the temporary use of Board Property and
Federation Property, as more particularly described in Exhibits "B" and "C" attached
hereto, by the County for County and emergency vehicles. This TUA also authorizes the
County to perform temporary maintenance, improvements, and repairs to the dirt road
subject to the conditions set forth herein, and as more particularly described in the Road
Maintenance Plan attached as Exhibit "E" hereto, in order to provide for and maintain
temporary, safe passage along the dirt road for County and emergency vehicles such as
ambulances, Sheriff's vehicles or independent fire district fire vehicles. No other use or
activity by the County shall be allowed.
d. Use of Property and Undue Waste: This TUA shall be non-exclusive, The Board
of Trustees and the Federation or their authorized agents shall retain at all times the right
to enter upon the lands covered by this TUA or engage in management activities not
inconsistent with the use herein provided for and shall retain the right to grant compatible
uses of the lands covered by this TUA to third parties during the term of this TUA.
The County shall not commit undue waste to the lands subject to the TUA. The
County shall clear, remove and pick up all debris resulting from any work performed by
AGENDA !1I..M
NO. ,~ 'liJ1
SEP 2 5 2001
Pg. 3Co
6
the County to maintain or improve the dirt road including, but not limited to, mud
containers, oil containers, papers, discarded tools and trash foreign to the work locations
and dispose of the same in a satisfactory manner as to leave the work locations clear and
free of any such debris. The County shall not dispose of any contaminants including but
not limited to, hazardous or toxic substances, chemicals or other agents produced or used
in the County's operations, upon any of the lands covered by this TUA.
e. Tem,",orary Improvements: Pursuant to this TUA, the County shall have the right
to perform temporary improvements and maintenance on the dirt road. Pursuant to this
TUA, the County is expressly prohibited from paving the dirt road or any portion
thereof. The County is further prohibited from raising the overall elevation of the dirt
road or constructing ditches, culverts or other improvements along the dirt road that
impede or divert the natural flow of water across the Board, Federation and Other
Properties. The temporary improvements to the dirt road shall be limited to the filling or
repair of potholes and depressions which prohibit or impede the passage of County and
emergency vehicles along the dirt road, as is described in Exhibit "E".
f. Permits and Road Maintenance Plan: This TUA does not exempt, waive or
otherwise excuse the County from obtaining any required state, federal and local permits
for any maintenance or repairs the County seeks to perform along the dirt road. Any
application for permits to perform any maintenance or temporary repairs or
improvements to the dirt road shall be limited to the work specifically described in the
Road Maintenance Plan attached to this Agreement as Exhibit "E". The Road
Maintenance Plan must be submitted for review and comment by the Big Cypress Basin
Director prior to any work or any application for permits to perform the temporary repairs
AGENOA ,'l[M
NO. I::J '!f;2J-
SEP 2 5 2001
Pi. '6 --,
7
and improvements provided for under the TUA. The Road Maintenance Plan as attached
hereto, may be modified by the County as a part of the permitting process, with the
written consent of all signatory parties to this Agreement and the written consent of the
Big Cypress Basin Director.
Neither the DEP, the Federation nor the Board of Trustees shall object to any
permit application, notice to issue a permit, or permit sought or obtained by the County
provided that the maintenance or repairs that are the subject of such permit application
are limited to the work more particularly described in the Road Maintenance Plan and
otherwise conform to the agreements set forth in paragraph 2.e. above.
g, Expansion of TUA To Other Affected Lands: The parties agree that this TUA
will automatically expand to include all Affected Lands in which an interest is acquired
by the Board of Trustees during the term of this TUA. When the Board of Trustees
acquire an interest in any Affected Lands during the term of this TUA, the County shall
provide a release of all prescriptive easement rights over said Affected Lands to the
Board of Trustees prior to any closing between the Board of Trustees and the owner of
said Affected Lands to be acquired, This provision shall also apply to an interest in any
Affected Lands acquired by the Board of Trustees through tax deed sales, public
auctions, probate proceedings or eminent domain proceedings. The Board of Trustees
shall provide the County with at least 45 days written notice prior to the date the release
is required. The County also her-eby agrees to assign to the Board of Trustees any
easement or other rights over the dirt road it may have already acquired or does acquire
in the future (except to the extent the County acquires any rights over what is sometimes
referred to as the Bobby Clay parcel by agreement with the owner and the owner objects
AGENDA ~1UA
NO. l~ '#-
SEP 2 5 2001
3~
Pg. -
8
to such an agreement assignment), provided that such rights once assigned shall remain
subject to and become part of this Agreement and the TUA, Any such assignments will
occur by separate instrument to be executed by the County and the Board of Trustees.
h, Abandonment/Vacation of Dedicated County Roads:
In consideration for the
covenants and agreements set forth in this Agreement. the County agrees to give
consideration to abandoning abaRdon or vacateing, any rights. interests, ownership
aH6 or responsibilities it may have over Miller and Lynch Boulevards (located within
Southern Golden Gate Estates) upon the written request of the state or federal
agency responsible for the construction and implementation of the Southern Golden
Gate Estates Hydrologic Restoration Project within Southern Golden Gate Estates,
provided that no such request shall be made prior to the acquisition by the Board of
Trustees of all properties abutting either of these roads in Southern Golden Gate
Estates and no sooner than sixty (60) days prior to the advertisement for bids for that
phase of the construction involving the physical removal of Miller and Lynch
Boulevards in the Southern Golden Gate Estates. In this regard, any such request
must be made in writing by the appropriate agency and the County will consider any
such request at a regularlY scheduled and advertised meeting: of the Board of County
Commissioners.
I~ Property Rights: The County agrees and it is hereby expressly stipulated that this
TUA constitutes permissive use only and the placement of any improvements or repairs
on the property pursuant to this TUA shall not operate to create or vest any property right
AGENDA !JiM
NO. t~ (g
SEP 2 5 2001
3q
Pg.
9
in said holder except during the duration of the TUA and shall not conflict with the
conservation, protection and enhancement of said lands.
J. Assignment: This TUA shall not be assigned or otherwise transferred in whole or in
part without prior written consent of the Board of Trustees and the Federation. Any
assignment or transfer made either in whole or in part without the prior written consent of
the Board of Trustees and the Federation shall be void and without legal effect.
k. Breach of Covenants. Terms or Conditions: Should any party breach any of the
covenants, terms or conditions of this TUA. the aggrieved party to this Agreement shall
give written notice to the breaching party to remedy such breach within 30 days of its
discovery. In the event that the breaching party fails to remedy the breach within 30 days
of receipt of written notice of the breach, the aggrieved party may seek specific
performance of the TUA's terms and conditions as described in paragraph 5 of this
Agreement.
I. Liability: Subject to the doctrine of sovereign immunity as limited by Section
768.28, Fla. Stat., and if and to the extent otherwise permitted by Florida law, the County
agrees to hold the Board of Trustees and the Federation harmless for any liability arising
from any negligence of the County in performing work or maintenance on the dirt road
pursuant to this Agreement.
3. The parties agree to an abatement of the proceedings in the above-styled matter pending
approval of the TUA in paragraph 2 of this Settlement Agreement by the Board of Trustees. the
Board of County Commissioners of Collier County and the Big Cypress Basin Director.
4. Upon final approval of this Settlement Agreement pursuant to paragraph 13 below and
final approval of the IUA contained in paragraph 2. the County shall file a Notice of Voluntary
AGENDA IT~
NO. t J.. ({,Jl _
SEP 2 5 200t IO
Pg. Y ()
Dismissal With Prejudice in the Lawsuit within 10 business days. However, this paragraph shall
not apply to the County's pending claim against Bobby Clay, including any separate action
brought against Bobby Clay or his successor in title or to any claim relating to any parcel across
which the dirt road runs that is not currently owned by the Board of Trustees, the Federation. or
that is not in .;ontract with the Board of Trustees or that is not a subject of a stipulation with the
County in the Lawsuit or tRat is Rot il'l default il'l tRe Lawsuit.
5, Upon final approval of this Agreement pursuant to paragraph 13, and approval of the
TUA contained in paragraph 2 above, the County hereby unconditionally and fully releases,
remises, acquits, satisfies, and forever discharges the Board of Trustees and the Federation from
any and all claims alleged by the County in Case No. 99-2009-CA- TB and from any other claims
of any interest whatsoever in the lands that are the subject of this Agreement.
Likewise. and aho upon the final approval of this Agreement as provided in paragraph 13
and final approval of the TUA contained in paragraph 2, the Board of Trustees and the
Federation hereby unconditionally and fully release, remise, acquit and forever discharge the
County, from any and all claims or defenses they have alleged or could have alleged in the
Lawsuit, i.e., Case No. 99-2009-CA-TB. Upon final approval of this Agreement and the TUA,
all parties also hereby expressly acknowledge and agree that any remedies they may have one
against the other in this matter will be limited to an action for specific performance of the terms
and conditions of this Agreement and the TUA, to be brought only in the venue of the Circuit
Court for Collier County, Floida.
6. The Board of Trustees agrees that the Federation Property shall be the last property to be
acquired by the Board of Trustees within the Southern Golden Gate Estates portion of the Save
Our Everglades CARL project. Within 30 days of the Board of Trustees' acquisition of an
AGENDA !~M
NO.I~~
SEP 2 5 2001
Pg. L..{ I
11
interest in all remaInIng lots within Southern Golden Gate Estates, the Federation agrees to
convey fee simple title to the Federation Property to the Board of Trustees at the DEP approved
appraised value for said Property.
7. The parties hereto affirm that they have freely and voluntarily entered into this
Agreement, fully intenJing to be bound by it. All parties stipulate that they have been
represented by counsel of their own choosing and have been fully advised as to the terms and
effect of this Agreement, The parties further agree this instrument shall be governed by, and
construed and interpreted in accordance with the laws of the State of Florida, except that the
parties agree that no provision or term of this Agreement, whether ambiguous or not, is to be
construed against any party either on the ground that the party physically drafted the provisions
m vmn QI tliiit tti~ PiHty 6eflefH~ fmrll the pfljVl~luJll)r t~rm,
8. The parties hereto agree and covenant that this writing comprises the full Agreement and
that no other terms or agreements exist other than as set forth herein.
9, Each party agrees that if any term, provision, covenant, or condition of this Agreement,
or the application thereof to any person, entity, or circumstance, shall to any extent be declared
to be invalid or unenforceable, the remainder of this Agreement, or the application of such a
provision, term, covenant, or condition to any other person, entity, or circumstance, shall not be
affected thereby, and each other provision, term, covenant or condition of this Agreement shall
be valid and enforceable to the fullest extent permitted by the law.
10. All parties agree to bear their own attorneys' fees and costs incurred in or in connection
with the Lawsuit.
11. Failure of any party to insist upon strict performance of any covenant, condition or right
in this Agreement or to exercise any right herein contained, shall not be construed as a waiver or
AGENDA JT~M
NO. I~ (g:i.
SEP 2 5 200t
Pg. L.J :2.
12
relinquishment of that or any other covenant, condition or right of the performance of same. but
all shall remain in full force and effect.
12, All notices required to be given to the County shall be deemed given provided that they
contain a specific reference to this Agreement, clearly state the purpose of the notice and are sent
by facsimile and first class U.S. Mail to:
David C. Weigel
County Attorney
3301 East Tamiami Trail
Naples, Florida 34112
Facsimile No. 941-774-0225
and
Tom Olliff
County Manager
3301 East Tamiami Trail
Naples, Florida 34112
Facsimile No. 941-774-4010
All notice~ required to be given by the County shall be given to:
Rob Lovern and
Dept. of Environmental Protection
3900 Commonwealth Blvd.
Mail Station 100
Tallahassee, FL 32399-300
Facsimile No. 850-922-6009
Nancy Payton
Florida Wildlife Federation, Inc,
2590 Golden Gate Pkwy" Suite 109
Naples, FL 34105
Facsimile No, 941-643-5130
13. This Agreement remains contingent upon the final approval of the Board of County
Commissioners of Collier County and the Board of Trustees of the Internal Improvement Trust
Fund and upon approval of the TUA set forth in paragraph 2 of this Agreement by the Board of
County Commissioners of Collier County and the Big Cypress Basin Director,
If thi s
Agreement and the TUA are not approved by all of the necessary entities on or before November
9, 2001, this Agreement shall be void and the parties agree that Case No. 99-2009-CA-TB may
be placed back on the trial calendar.
AGENDA ITfLM
NO. \:t(~
SEP 2 5 2001
Pg. L{ 3
13
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and
year first above written.
BOARD OF TRUSTEES OF THE
INTERNAL IMPROVEMENT TRUST
FUND
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Eva Armstrong, 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
By:
James D. Carter, Ph.D., CHAIRMAN
Date:
DA TED:
ATTEST:
Dwight E. Brock, CLERK
Date:
For the Board of Trustees:
ST ATE OF FLORIDA
COUNTY OF LEON
The foregoing instrument was acknowledged before me this day of ,2001,
by Eva Armstrong, 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. She is personally known to me.
Notary Public
Printedffyped Name of Notary
Commission No.:
Commission Expires:
AGENDA I~
NO. f':~.. '-I;L
SEP 2 5 2001
Pg. YL/
14
FLORIDA WILDLIFE FEDERATION
By:
Nancy Payton
Field Representative
On Behalf of Florida Wildlife Federation
For the Florida Wildlife Federation:
STATE OF FLORIDA
COUNTY OF
The foregoing instrument was acknowledged before me this _ day of _,2001, by Nancy
Payton. He/She is personally known to me or has produced as identification,
Notary Public
Printedffyped Name of Notary
Commission No.:
Commission Expires:
AGENDA 'Wt1
NO. \~.i@
SEP 2 5 2001
Pi. L{ 5
15
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Department of
Environmental Protection
jeb Bush
Governor
Marjory Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399.3000
David B. Struhs
Secretary
SGGEI MILLER BOULEVARD EXTENSION STATE OF FLORIDA
.OWNERSHIP INFORMATION
'f:m'):7!S4ri:t:ffQQ'n;1:t2QOQ2.a9m:Qfll._:~n$J.illitifflif":::""":~iffi.Ur"iU!R:~nffiif$.fiijiJ:lf(FlPijmf:
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AGENDA Iri.~
NO. 1 ;;;L S@-
SEP 2 5 2001
Pg. L{ 7
Page 1 of 1
Revised 8/14/01
"More Protection, Less Proe "
Printed on recyded paper. -
EXHIBIT B
lOT #:
62
FOLIO Ro.: 00Tl29fAXX)/9
OWNER(S): Florida Wildlife Federation
LEGAL DESCRIPTION OF ENTIRE LOT: Section 25, Township 51S, Range 27E, N Y1 of
SE % of SW % of SW %
lEGAL DESCRIPTION AND SKETCH OF MIllER BOULEVARD EXTENSION AS IT
TRAVERSES LOT 62:
A PORTION OF THE SOt.rn{WEST QUAR1llR OF THE SOlTTliWEST QUAR1llR OF SEOlm,
2~, TOWNSHIP ~I SOlJJ1i, RANGE 27 EAST, COWER COtMI'Y, FLORJDA AND
BEING MORE PARTICUl..ARL Y DESCRmI!D AS FOLLOWS;
COMMENCING AT TIlE SOUl1iWEST CORNER OF SAID SECTION 25; TIlENCE NORTIl 89
DEGREES 02 MINUreS 06 SECONDS EAST ALONG THE SOlJJ1i LINE OF SAID
SECTION 25, A DISTANCE OF 678,86 FEET; lliENCE NORTIi I DEGREE 10
MlNU'J'ES 59 SI!CONDS WEST, A DISTANCE OF 332.02 FEET; THENCE COl'ITlNUTNG
NORTIi ALONG SAID LINE, A DISTANCE OF 25.00 FEET TO THE POItn' OF
BEGINNING; lliENCE COtnlNUING NOR11i ALONG SAID LINE, A DISTANCE OF
69.00 FEET; n!ENCE NOR1ll16 DEGREES 36 MINUTES 21 SECONDS EAST, A
DISTANCE 01' 161.52 FEET; TIlENCE NOR1ll11 DEGREES 46 MINtrrES 29 SECONDS
EAST, A DISTANCE OF 40,20 FEET; THE!NCI! NOKTH 10 DEGREES 58 MINl.TTES 44
SECONDS EAST, A DISTANCE OF 45.75 FEET; THENCE NORTIi 89 DEGREES O~
MINUTES OJ SECONDS EAST, A DISTANCE OF IS.OO FEET; TImNCE SOt.rn{ 10
DEGREES 40 MINUTES 40 SECONDS WEST, A DISTANCE OF 51.50 FEET: THENCE
SOlJJ1i II DEGREES 46 MINlfI'ES 29 SECONDS WEST. A DISTANCE OF 40.20 FEET;
TIiENCE SOlJJ1i 15 DEGREES 49 MTNtrrES 39 seCONDS WEST, A DISTANCE OF
226.97 FEET TO TIiE POINT Of BEGINNING; &~ Ig gE&SNIllig 1'R ..s:r getI'!" \.IlllWG
tt: IJJ .\CIl:E {!;3i1 9~t1n.1~ I ~ I), 1...IOoM! 01\. Lt5&-
BASIS OF BEARINGS IS THE SOt.rn{ LINE OF SAID SECTION B BErNG
NORTIl89 DEGREES 02 MINtITES 06 SECONDS EAST
MILLER 62
75
N.89'05'03"E. 680.25'
594,25'
N.ll'46'29"E.
40.20'
5.10'40'40"W.
51.50'
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N.1S'36'21"E.
161.52'
S,11'4S'29"W
40.20'
I I./(>st Line
rOf Spc 25
62
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226.97'
5.89'03'34 W. 679,55'
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P,O,C, ~.89'02'06"E.
S.W. Corner 678.86'
Sec. 25, Twp. 51 S,
Rge. 27E.
~ 1B
. ~outh Line
Sec. 25
SEP 2 5 2001
P&.~
EXHIBIT C
PROPERTY OWNERS
AS OF SEPTEMBER 12, 2001
Owner as of 9/12/01 Folio Number Parcel Number I
Leman, Willis & Lola 0077132000/6 21
I Hutton, Beverly & James 0077392000/6 I 86
DeVoss, Robert R. 0077388000/7 I 85
Marshall, Sheldon & Peggy 0077676000/1 15
Hooper, William & Jessie 0077996000/2 I 95
I Miccosukee Tribe of Florida 0077628000/2 3
I I
AGENDA '~
NO. t;t
SEP 2 5 2001
P&.~
EXHIBIT D
Memorandum
To:
Michael Pettit
Assistant County Attorney
From:
Edward J. Kant
PE, Transportation Operations Director
Date:
May 1 , 2001
Subject:
Dirt Road in Eastern Collier County
Otherwise known as "Miller Boulevard Extension"
We offer the following management plan for the initial work necessary to make Miller Boulevard Extension
reasonably passable and to maintain it in that condition:
1. Initial placement of silt fence and fill for significantly deep holes (greater than 12" maximum depth at deepest
point).
2. Placement of initial fill in depressions and holes, followed by compaction of placed fill and grading of filled
area.
3, Periodic maintenance of the roadway along its entire length from US 41 East north to its intersection with
Lynch Boulevard. Maintenance activities will consist of occasional replacement of fill as a consequence of
severe washouts, followed by grading and rolling of the placed fill material. We anticipate filling the
depressions, grading and rolling about 10 times annually. This program is not meant to provide fill material to a
point where there are no washouts or potholes, and does not include any culvert crossings.
We believe the foregoing program is the absolute minimum work necessary to assure reasonable access for most of
the year. We cannot, however, provide any type of guarantee that the road or trail will be passable every day of the
year. Significant storm events may preclude the minimal maintenance program anticipated by this management
plan, and there may be periods where only four-wheel drive vehicles can safely navigate the entire road/trail.
The initial work would take about 3-4 weeks and will cost about $40,000-$50,000. Most of the cost is for fill
material and trucking. Periodic maintenance costs will vary depending upon the severity of washouts, but will most
likely average from $2,500-$4,000 per visit. There is no specific budget for any of this work and we cannot do
anything until the Bee approves both the work program and budget, based on prior Bee direction.
The following page contains sketches depicting the types of depressions, potholes and washouts we anticipate will
be repaired and the method of repair.
- .;
Please advise if you need any additional information or details.
cc: Thomas W. Olliff, CoUDty Manager
Nonnan E. Feder. AICP, Trausportation Adminislr.Itor
Connie Deane. Transportation Services Division Community liaison
Larry Henry, Road and Bridge Supc:rinlmdent
File: Miller Boulevard Extcnsioo
AGENDA IT~
NO. t :L ~
SEP 2 5 2001
!:)Q
Attachment as stated; Management Plan Example Sketches
Pg.
Transportation Operations Department
EXHIBIT E
.:Y
~
RJaOfU. ~.
COM'ICW JW~.
1WICIi l?eP~55ION
1WIC/i, IlpOfH(JL,~11
waCX' ''1VL''
WJaOJr (
1Y1'IC,N, II WNl'IOllr I
SEP 2 5 2001
PI. !
FOR DIRT ROAD
TYf?lCI:ii- ~Efl)1 . ~ I '
.. O..a;rr:-- 5/02/01
; . s,,:1 , s
PROPOSED MANAGEMENT PLAN EXAMPLES
KNOWN AS "MILLER BOULEVARD EXTENSION"
BOARD or COWER COUMTY CQ)I)4JA.C8()1fERS
TRAJSPORb.tK)B SIIftCI8 u"....
TJW(SP()iB'1'JO CI'IRl'ftORS _BftIBR'f
17m IDIJIB a~ IUIlI! J&'fI
1W'I.IS. ILlBM. 3C104 (Mt) ~
SHEET 1 of 1
2001-1'25.dw
Department of
Environmental Protection
Jeb Bush
Governor
Marjol)' Stoneman Douglas Building
3900 Commonwealth Boulevard
Tallahassee. Florida 32399-3000
David B. Struhs
Secretary
August 30, 2000
Michael W. Pettit, Esq.,
Office of the County Attornev
3301 East Tamiami" Trail, 8th 'Floor
Naples, Florida 34112
<:,:f
:.~)
{~' J ,-. ~ "~j
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""";J _.',
RE: Southern Golden Gate Estates
,
. ..
....,
Mr. Pettit,
~~r---;-,4
Please find enclosed the summary of the Proposed Hydrologic Restoration Plan for ~
Southern Golden Gate Estates. The plan calls for removal of 130 miles of roads within
Southern Golden Gate Estate, including virtually all roads south of 66th Avenue. SE,
Roads designated for removal are indicated by the broken or dashed lines. As you can
see, Miller, Lynch, Stewart and Everglades Boulevards will be completely or almost
completely removed.
If you have any questions, please feel free to contact me at (850) 488 - 9314.
7~;c
Andy J, Baumann
Senior Assistant General Counsel
AJB/yw
Enclosure
AGENDA 'T~
NO. , ::2 t2i.
SEP 2 5 2001
Pg. 5 d-
EXHIBIT F
"Prorec. Conserve and Manage Flor;da's E.1wcrmer;( .:.1.1<1 Nat:'HQi R.esot.rces"
Pnnted on recycled paper.
-
'.
" ----~_.
-----.-------- ------ -----..-----
--" -- -- ----- - --.---- - -----
FACT SHEET
PROPOSED pLAN FOR HYDROLOGIC RESTORATION OF SOUTHERN
GOLDEN GATE ESTATES IN COLLIER COUNTY, FLORIDA
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Location:
South central Collier county, south of I-75 and north of U.S. 41 between the
Belle Meade area and the rakahatchee Strand state Preserve.
Description:
Southern Golden Gate Estates (SGGE) encompasses an area of approximately 94'
square miles and is part of a bankrupt real estate development project called
Golden Gate Estates undertaken in the 1960's. Prior to development, the area
was characterized by seasonal flooding several mont~s of the year and broad,
slow moving sheet flow sustained wetland vegetation and rejuvenated freshwater
aquifers. The network of roads intercepts the historic flowways. Forty-eight
miles of canals overdrains the landscape and quickly diverts surface and
groundwater flow to a point discharge into the Faka Union Bay, thus damaging
the ecology of the Ten Thousand Islands estuary.
SGGE was identified in 1985 as a component of the Governor's Save our
Everglades program and included in the State's CARl. (Conservation and
Recreation Lands) program. Land acquisition, which is a key component of the
restoration, is being administered by the Florida Department of Environmental
Protection, Bureau of Land Acquisition. .
Ecologica1 Xmportance:
The western Everglades system, including SGGE, contains some of the most
biologically diverse plant and wildlife communities on the North American
continent. SGGE serves as the headwaters of the central portion of the Ten
Thou~and Islands National Wildlife Refuge and is surrounded on three sid s .~EN9~~
publJ..c.lands,- including the.Florida Panther National.Wildlife Refuge'_.d_- -00.-
Fakahatchee Strand State Preserve, Collier-Seminole State Park and the BIle -',
Meade CARL proj ect. SEP 2 5 2001
---53
Pg.
..
-------
------.-----
Restoration Goa1s:
· Reestablish historic flowways, sheetflow and hydroperiods of wetlands to
near historic levels
· Reduce point discharges to improve the health and productivity of
downstream estuaries
· Maintain flood protection for developed areas north of the project
· Improve aquifer recharge for water supply and a salt water intrusion
barrier
Restore and enhance habitat for fish and wildlife resources including
listed species such as the Florida panther, Florida black. bear and wood
stork, as well as rare habitat such as tropical hammocks and plant species
including orchids and bromeliads
· Preserve upland habitat
· Control invasive exotic plants
· Improve water quality of sto~water runoff
· Reduce or eliminate overdrainage of adjacent, sensitive ecosystems
· Provide resource based recreational opportunities
· Provide contiguous habitat conservation for the greater-Everglades
ecosystem including the Florida Panther National Wildlife Refuge,
Fakahatchee Strand State Preserve, Ten Thousand Islands National Wildlife
Refuge, Collier Seminole State Park and the Belle Meade CARL area.
Components of the Proposed Hydrologic Restoration P1an:
· Land Acquisition of approximately 55,000 acres,
· Construction of 2.4 miles of Spreader Channels, 83 Canal Plugs, 130 miles
of Road Removal and Regrading, and 3 Pumping Stations with a total combined
capacity of 890 Horse Power, and combined discharge capacity of 860 cfs,
Ecological and hydrological monitoring program to determine effectiveness,
· Adaptive management to ensure desirable ecological responses.
USDA Natural Resources Conservation Service Watershed P1anning Assistance:
The USDA Natural Resources Conservation Service (NRCS) and the South Florida
Water Management District (SFWMD) have a cooperative agreement to collect _
additional baseline data and conduct a hydrologic modeling effort to predict
changes to vegetation due to water level changes after restoration. This
project is being guided by a multi-disciplinary project team with
representatives from the USDA NRCS, SFWMD, Florida Game and Freshwater Fish
COmmission, U.S Army Corps of Engineers(COE), U.S Fish and Wildlife Service,
Florid~ Division of Forestry, Florida Park Service, Florida Department of
Environmental Protection and the Conservancy of Southwest Florida.
Imp1ementation :
The project is being proposed for implementation as a Critical Ecosystem
Restoration Project under the Water Resources Development Act of 1996 funding
initiative through a partnership of the COE and SFWMD. Estimated Project
Implementation cost is $15.6 Million.
Management P1an
Florida Division of Forestry is responsible for management of the public lands
in SGGE, known as the Picayune Strand State Forest. Management will emphasize
invasive exotic plant control, habitat conse~ation, nature appreciation and
recreation including fishing, camping, hiking, nature study and hunting.
AGEN9~ 'J~h. .
NO.~
SEP 2 5 2001
Pg. :5 '-{
For more information . regarding the SG<;7E r.estorationproject, contact-the
Division of Forestry at (941)352-4212 or the Big Cypress Basin at (941)597-
1505. Revised 2/99
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EXECUTIVE SUMMARY
REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND REPLAT l-A"
OBJECTIVE:
To grant final acceptance of the infrastructure improvements
associated with that subdivision known as "Pelican Strand Replat 1-A"
CONSIDERATIONS:
1. On March 18, 1998, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "Pelican Strand Replat l-A".
2. 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.
3. 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.
-
4. 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. Funds for the routine
maintenance and upkeep of the water and sewer improvements will
come from the Operations and Maintenance budget of the Utilities
Division.
GROWTH MANAGEMENT IMPACT: None
~ ,,:~~TEr\
SEP 2 5 20m \
Pi,
Executive Summary
Pelican Strand Replat l-A
Page 2
RECOHMBNDATION:
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Pelican
Strand Replat l-A" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution
authorizing final acce~tance.
2. Authorize the release of the maintenance security.
PREPARED BY:
1~1 1L\A~ \I>- il
John R. Houldsworth, Senior Engineer
Engineering Review
~Hl~\
Date
REVIEWED BY:
~~ ~ ~\~i.
Thomas E. Kuck, P.E.
Engineering Review Director I County Engineer
'1/1/ I tJ I
Date'
.........-'
John M. Dunnuck III, Interim Administrator
Communi y Dev. and Environmental Svcs.
~
Date
j rh
.-
--~GEN<,)A IIT.t.(
No. ;" It !
SEP 2 5 2001
Z
Pi.'
SITE
" LIVINGSTON ROAO-E/W
t.AUOKALEE W1LLOUGHB
ROAO ___~ARDENS
CENT[R ~ tMMOK ~
~
, / ~
I ~ ~ ~im:~~nNTV<<lOO I
VICINITY MAP
NOT TO SCALE
..GEND~ ITEM
No. I",t} /
,
SEP 2 5 2001
P&~
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RESOLUTION NO, 01-_
RESOLUTION AUTHORIZING FINAL
ACCEPT ANCE OF THOSE ROADW A Y,
DRAINAGE. WATER AND SEWER
IMPROVEMENTS IN PELICAN STRAND REPLAT
I-A, RELEASE OF THE MAINTENANCE
SECURITY, AND ACCEPTING THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, WATER AND SEWER
IMPROVEMENTS THAT ARE NOT REQUIRED TO
BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION,
\\THEREAS, the Board of County Commissioners of Collier County, Florida, on
June 24, 1997 approved the plat of Pelican Strand Replat I-A for recording; and
WHEREAS, the developer has constructed and maintained the roadway, drainage,
water and sewer improvements in accordance with the approved plans and specifications
and as required by the Land Development Code (Collier County Ordinance No. 91-102,
as amended); and the Utilities Standards and Procedures Ordinance (Collier County
Ordinance No. 97-17), and
WHEREAS, the developer has now requested final acceptance of the roadway,
drainage, water and sewer improvements and release of his maintenance security; and
WHEREAS. the Compliance Services Section of the Development Services
Department has inspected the roadway, drainage, water and sewer improvements and is
recommending acceptance of said facilities.
NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be
granted for those roadway, drainage, water and sewer improvements in Pelican Strand
Replat I-A. and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for the roadway, drainage, water and sewer
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted after motion. second and majority vote favoring same,
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES D, CARTER, PHD., CHAIRMAN
&~ to form 'nd "..,
~ AGENDA ITEM
No. I" A- I
S~p 2 5 2001
Patrick G. White
Assistant Collier County Attorney
Pi.
If
EXECUTIVE SUMMARY
REQUEST TO GRANT FINAL ACCEPTANCE OF THE ROADWAY, DRAINAGE, WATER AND
SEWER IMPROVEMENTS FOR THE FINAL PLAT OF "PELICAN STRAND"
OBJECTIVE:
To grant final acceptance of the required subdi vision improvements
associated with that subdivision known as "Pelican Strand"
CONSIDERATIONS:
1. On July 11, 1997, the Board of County Commissioners granted
preliminary acceptance of the roadway, drainage, water and
sewer improvements in "Pelican Strand".
2. The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
property-owners association will be maintained by the County.
,-
3. 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.
4. 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 County is responsible for maintaining all of the water and
sewer improvements, as well as the paving and drainage within Strand
Boulevard from Immokalee Road to the entrance gate. The property
owner's association is responsible for maintaining the roadway and
drainage improvements within the Commercial loop road. Funds for the
routine mainte,nance and upkeep of the County maintained facilities
will come from the Operations and Maintenance budgets of the
Transportation Services and Utility Divisions.
GROWTH MANAGEMENT IMPACT:
None
~GEND~ ITEM
Ho._/(.. A d-
SEP 2 5 20m
P&._ 1
.....-
Executive Summary
Pelican Strand
Page 2
RECOMMENDATION:
That the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in "Pelican
Strand" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution
authorizing final acceptance.
2. Authorize the release of the maintenance security.
PREPARED BY:
jt\~.l l~ .\cl\;;o.u.l.~,
John R. Houldsworth, Senior Engineer
Engineering Review
~
Date
REVIEWED BY:
~r1W
Thomas E. Kuck, P.E.
Engineering Review Director / County Engineer
9. r r
{{/ /~/
Da e '
.'-
APPROVED BY:
Dunnuck, III Interim Administrator
~y Dev. and Environmental Svcs.
9/.J'J'
Date
jrh
,-...
~GEND~ITEM
Ph:~ ~ ~
SEP 2 5 2001 .
2..
Pi.
o~
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t.lMOKALEE WlLLOUGHB
ROAD ___~GARDENS
CENTER ~ IMMOK
SITE
VICINITY MAP
NOT TO SCALE
_. ._---------
1.GENOA ITEM k
Me). I' It~ ~
\
~
SEP 2 5 2001
Pi. ..3
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RESOLUTION NO. 01-_
RESOLUTION AUTHORIZING FINAL
ACCEPTANCE OF THOSE ROADWAY,
DRAINAGE, WATER AND SEWER
IMPROVEMENTS IN PELICAN STRAND,
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
June 3, 1997 approved the plat of Pelican Strand 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
md as required by the Land Development Code (Collier County Ordinance No. 91-102,
as amended); and the Utilities Standards and Procedures Ordinance (Collier County
Ordinance No, 97-17), and
WHEREAS. the developer has now requested final acceptance of the roadway,
drainage, water and sewer improvements and release of his maintenance security; and
WHEREAS, the Compliance Services Section of the Development Services
Department has inspected the roadway, drainage, water and sewer improvements and is
recommending acceptance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be
granted for those roadway, drainage, water and sewer improvements in Pelican Strand.
and authorize the Clerk to release the maintenance security.
BE IT FURTHER RESOLVED AND ORDERED that the County accept the
future maintenance and other attendant costs for the roadway, drainage, water and sewer
improvements that are not required to be maintained by the homeowners association.
This Resolution adopted after motion, second and majority vote favoring same.
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES D. CARTER, PHD" CHAIRMAN
~
"GEND~:m:M
~ /~ A- ;;;Z
SE? 2 5 2001
PI'.-:f--
i
t
\
l
)
Patrick G. White
Assistant Collier County Attorney
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS
BE A PRIMARY (GOLD) SPONSOR FOR THE 2nd A11\JNUAL PLANNING
SYMPOSIUM ON SMART GROWTH.
OBJECTIVE: To secure County participation as a primary sponsor in the 2nd annual
Promised Lands Section of the Florida Chapter of the American Planning Association
Symposium entitled Smart Growth: A Regional Pers?ective to be held on November 8,
2001 in recognition of World Town Planning Day. The cost of the sponsorship is $500.
BACKGROUND: The American Planning Association endorses World Town Planning
Day as a strategy to promote a broad-based awareness, support, and advocacy of planning
among the general public and all levels of government. Held annually on November 8,
World Town Planning Day was started in 1949 in Brazil to advance public and
prbfessional interest in planning and has expanded throughout the world.
--
In previous years, the Board of County Commissioners adopted a Resolution recognizing
World Town Planning Day. Last year, the Board sponsored the first annual Promised
Lands symposium, The Promised Lands Section of the Florida American Planning
Association is collaborating again this year, with Florida Gulf Coast University and with
several other organizations, to present a planning symposium on Smart Growth in
conjunction with World Town Planning Day. The symposium is intended to provide an
opportunity for civic and community groups or for interested members to learn more
about the principals of Smart Growth; to provide the public with an opportunity to hear
about Smart Growth successes from national and regional experts; and to allow the public
to ask questions of these experts.
A steering committee with representation from various public and private organizations
has been formed to organize this event. This year the symposium will focus on a regional
approach to smart growth, It will be held on November 8, 2001 at the Bonita Springs Elks
Club on Coconut Road from 8 a.m. to 12:30 p,m,
We have recruited several nationally known speakers to present information on regional
planning issues from outside the State of Florida. In addition, representatives from
various organizations involved in regional planning/development for key areas of concern
including environmental, water, transportation, economic development, and education
have been invited to participate in a panel discussion, followed by a question and answer
period. The symposium will include a panel on the historical overview of development
patterns in Southwest Florida and a panel on cutting edge planning initiatives. Panelists
include representatives from the private and public sector with experience in the local
area as well as other areas within the State.
.~
"GENOAI!EM::a.
No,~
SEP 2 5 2001
Pg.
/
The Promised Lands Section of the F AP A, a non-profit organization, is the local section
of the Florida American Planning Association, which is the state chapter of the American
Planning Association. The section provides professional development to its members
through a variety of workshops. In addition to professional development, one of the
primary purposes of the Promise Lands Section is to provide a forum for the regular
exchange of planning ideas and experiences, and to increase public awareness and
understanding of planning. The organization is seeking sponsors for this annual event.
Sponsorships are available in three forms: Primary Sponsors -$500 each, Co-Sponsors -
$250.00 and Supporter $100.00. Sponsorships will help to defer the cost of printing,
distributing the program brochures, meeting facility costs, and travel expenses for out of
town speakers.
CONSIDERATIONS:
In recognition that the County is at the crossroads of deciding future development
patterns with the rural assessment, and through implementation of the Award winning
Collier County Community Character Plan, and further, that the County has several
ongoing Community Redevelopment Plans, participation in this symposium would be
beneficial to elected officials and the public at large. Sponsorship will assure that the
event is a success.
FISCAL IMPACT:
The amount of $500 from Fund 111-138317, Comprehensive Planning Operating budget,
would be used to offset the costs to put on the Symposium, currently estimated at $6,600,
Additional fiscal impacts to the County would be for an in-kind contribution to cover
mailing and copying expenses estimates at $500,00.
GROWTH MANAGEMENT IMPACT:
Participation in this symposium will help to further our Growth Management Plan goals and
objectives in achieving and maintaining a high quality natural and human environment.
CCPC RECOMMENDATION:
Not Applicable
ENVIRONMENTAL ISSUES:
Not Applicable
HISTORICAL/ ARCHEOLOGICAL IMP ACT:
Not Applicable
PLANNING SERVICES RECOMMENDATION:
This event focuses on educating the public in the Southwest Florida are on the principals
of Smart Growth, and how Smart Growth can be implemented. Staff recommends that the
Board support the planning symposium by agreeing to be a Primary (Gold) Sponsor of
the event. Last year, Collier County Planning staff played an integral role in developing
AGENDA ITl:M ~
No. Jt. It
.-.
SEP 2 5 2001
Pg. eX
the Symposium. Due to current staffing levels and workload, it will not be possible for
staff to contribute time to this effort this year. However, staff recommends supporting the
Symposium through a Primary sponsorship and the proposed in-kind contribution.
PREPARED BY:
--
( . ,{ '''7}/1 /J1d,V1
AMY T LOR, AICP!
PRINCIPAL PLANNER
COMPREHENSNE PLANNING SECTION
ql (;;r/ 07
DATE I
REVIEWED BY:
~~
ST AN LITSINGE ,AICP
COMPREHENSNE PLANNING MANAGER
9-/~-())
DATE
.-'.
~ -1-1....... - - , 'r-/J---<J/
THOMASK~ DATE
INTERIM PLANNING SERVICES DEPARTMENT DIRECTOR
APPROVED BY:
~ 11-ID I
UNNUCK, III DATE
ADMINISTRATOR COMMUNITY DEV. & ENV. SERVICES DN,
AGENDA 1;4'"
No. II, ~
,,.-",,
SEP 2 5 2001
P <3
g,
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF II CARLTON LAKES
UNIT NO. 3B"
OBJECTIVE:
To approve for recording the final plat of Carlton Lakes Unit No. 3B,
a subdivision of lands located in Section 19, Township 48 South,
Range 26 East, Collier County, Florida.
CONSIDERATIONS:
Engineering Review Section has completed the review of the final plat
of "Carlton Lakes Unit No. 3B". This document is in compliance with
the County Land Development Code and Florida State Statute No. 177.
All fees have been paid. There are no subdivision related
improvements associated with this plat.
Engineering Review Section recommends that the final plat of "Carlton
Lakes Unit No. 3B" 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: $550.00 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
WJiJC>'" ITEM
No. I c.. if J../.
,.---
SEP 2 5 2001
PI.
/...-....
Executive Summary
C~rlton Lakes Unit No. 3B
Page 2
HISTORICAL / ARCHEOLOGICAL ISSUES: There are no historical I
archeological issues
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
IICarlton Lakes Unit No. 3B" with the following stipulations:
1. Authorize the recording of the Final Plat of IICarlton Lakes
Unit No. 3B."
PREPARED BY:
-1.1.\.1 t~~u ~~
John R. Houldsworth, Senior Engineer
Engineering Review
'6\ '211.Q..\
Date
,-.
REVIEWED BY:
~Q1L!
Thomas E. Kuck, P.E.
Engineering Review Director I County Engineer
S/?4/"1
Date
APPROVED BY:
q J,JOI
Date
JOHN M
Commun
~GENDA '~
No. / (, 1+
",..-
SEP 2 5 2001
2-
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EXECUTIVE SUMMARY
--
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "MEDITERRA PARCEL
120", AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat of "Mediterra Parcel 120", a
subdivision of lands located in Section 12 Township 48 South, Range
25 East, Collier County, Florida, following the alternative procedure
for approval of subdivision plats.
CONSIDERATIONS:
Engineering Review Section has completed the review of the
construct{on drawings, specifications, and final plat of "Mediterra
Parcel 120". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
,- for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of
"Mediterra Parcel 120" be approved for recording.
FISCAL IMPACT:
The project cost is $36,085.71 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $ -0-
- $36,085.71
The Security amount, equal to 110% of the
project cost, is $39,694.28
----
.:.c~:~s- l
!
SEP 2 5 2001 I'
PI.--L-
,,-.
Executive Summary
Mediterra Parcel 120
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: $1129.66
Fees are based on a construction estimate of
$36,085.71 and were paid in June, 2001.
The breakdown is as follows:
a) plat Review Fee ($425.00 + $4./ac) - $509.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $-0-
Drainage,
Paving, Grading (.42% const. est.) - $151.56
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $-0-
Drainage,
Paving, Grading (1.3% const. est.) - $469.10
GROWTH MANAGEMENT IMPACT:
.-,
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental
issues
HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or
archeological impacts
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final plat of
"Mediterra Parcel 120" for recording with the following
stipulations:
1.
Approve the amount of $39,694.28 as performance sec11rity
for the required improvements i or such lesser amount based
on work completed, and as is approved by the Engineering
Review Department.
~
AGENOA ITEM
,/"
No. /(" A ~
SEP 2 5 2001
~
Pi.
Executive Summary
Mediterra Parcel 120
Page 3
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
PREPARED BY:
_ ~D I~-l 1'1 ..\.d <:;bu.S'r '\l...
John R. Houldsworth, Senior Engineer
Engineering Review
ilub
Date
REVIEWED BY:
~~1di
Thomas E. Kuck, P.E.
Engineering Review Director / County Engineer
~Z~/O/'
D te '
BY:
~~
Dunnuck III, Interim Administrator
ty Development & Environmental Services
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EXECUTIVE SUMMARY
APPROVAL OF CLEARING AND FILLING FOR 30 RESIDENTIAL LOTS IN LEA WOOD
LAKES SUBDIVISION.
OBJECTIVE:
To obtain Board of County Commission approval to permit the clearing and filling of 30
residential lots in Leawood Lakes Subdivision.
CONSIDERATIONS:
The subject Subdivision is located on Radio Road immediately east of Foxfire. The
Subdivision has a total of 193 lots and the Developer, Brown, Noltemeyre Co. Naples
Holdings, L.L.C., has requested permission to clear and fill 30 lots at a time for cost
effectiveness.
The Land Development Code, Section 3.2.8.3,6 Paragraph b-1 states: "Individual singles
family lots or block of lots may not be cleared unless a separate vegetation and site filling
(VRSFP) is obtained as required by Section 3.2.8.3.6.b,3. This Section permits the issuance
of a VRSFP within a subdivision if a revegetation bond or other approval security is posted in
the amount of $5,000 per acre. The 30 lots comprise 2.634 acres and the developer has
agreed to post a bond of $13,000.
FISCAL IMPACT:
This project will result in revenues of $250.00 which account for the permit fee.
GROWTH MANAGEMENT IMPACT:
None
RECOMMENDATIONS:
That the Board of County Commissioners approve the request to clear and fill 30 residential
lots in Leawood Lakes Subdivision upon the issuance of a VRSFP and the posting of a
$13,000 revegetation security bond.
-
AGeNDA ITeM I.
No. II- 4 (.P
SEP 2 5 2001
Pg.
/
PREPARED BY
~~.1W-
THOMAS E. KUCK, P.E.
ENGINEERING DIRECTOR & INTERIM PLANNING DIRECTOR
APPROVED BY:
\
JOHN . DUNNUCK, III, INTERIM ADMINISTRATOR OF
I
COMM ITV DEVELOPMENT AND ENVIRONMENTAL SERVICES
B/3~/,1)/
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DATE .
AGENDA ITEM f;
No. J t. A
SEP 2 5 2001
Pg. c:<
EXECUTIVE SUMMARY
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "HABITAT VILLAGE",
AND APPROVAL OF THE STANDARD FORM CONSTRUCTION AND MAINTENANCE
AGREEMENT AND APPROVAL OF THE AMOUNT OF THE PERFORMANCE SECURITY
OBJECTIVE:
To approve for recording the final plat
subdivision of lands located in Section 33
26 East, Collier County, Florida, following
for approval of subdivision plats.
of "Habitat Village", a
Township 50 South, Range
the alternative procedure
CONSIDERATIONS:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Habitat
Village". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. Security in the amount of 10% of the total cost of the
required improvements, and 100% of the cost of any remaining
improvements, together with a Construction and Maintenance Agreement
for Subdivision Improvements, shall be provided and accepted by the
Planning Services Director and the County Attorneys office prior to
the recording of the final plat. This would be in conformance with
the County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "Habitat
Village" be approved for recording.
FISCAL IMPACT:
The proj ect cost is $1,064,428.59 (estimated) to
be borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $339,718.00
- $724,710.59
The Security amount, equal to 110% of the
project cost, is $1,170,871.45
1- ":GEI~~"2_
I StY:: 5 2001
I
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Executive Summary
Habitat Village
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: $19,600.24
Fees are based on a construction estimate of
$1,064,428.59 and were paid in August, 2000.
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 485.80
b) Construction Drawing Review Fee
Water &
Sewer (.50% const. est.) - $1698.59
Drainage,
Paving, Grading (.42% const. est.)- $3080.02
c) Construction Inspection Fee
Water &
Sewer (1.5% const. est.) - $5095.77
Drainage,
Paving, Grading (1.3% const. est.) - $9240.06
GROWTH MANAGEMENT IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
ENVIRONMENTAL ISSUES:
There are no outstanding environmental
issues
HISTORICAL/ARCHEOLOGICAL IMPACT: There are no historical or
archeological impacts
EAC RECOMMENDATION: Approval
CCPC RECOMMENDATION: Approval
PLANNING SERVICES STAFF RECOMMENDATION:
That the Board of County Commissioners approve the Final Plat of
"Habitat Village" for recording with the following stipulations:
1. Approve the amount of $1,170,871.45 as performance security
for the required improvements i or such lesser amount based
on work completed, and as is approved by the Engineering
Review Department.
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Executive Summary
Habitat Village
Page 3
2. Approve the standard form Construction and Maintenance
Agreement, and
a. That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
b. That the plat not be recorded until suitable security and
an appropriate Construction and Maintenance Agreement is
approved and accepted by the Planning Services Director and
the County Attorney's office.
PREPARED BY:
jo ...,,-\. \AJJ. s- (.'-:> ~
John R. Houldsworth, Senior Engineer
Engineering Review
~~L<\ \0\
Date
REVIEWED BY:
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Thomas E. Kuck, P.E.
Engineering Review Director / County Engineer
/1/1'& l
Dat
APP
91,101
John Dunnuck III, Interim Administrator
Commu ity Development & Environmental Services
Date
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COLLIER COUNTY LONG RA~rGt:~ptfANNfNG SECTfON~
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EXECUTIVE SUMMARY
APPROVE AN AGREEMENT WITH THE ECONOMIC DEVELOPMENT COUNCIL OF
COLLIER COUNTY, INe. (EDC) TO EXECUTE CONTINUATION OF THE ECONOMIC
DIVERSIFICATION PROGRAM AND PROVIDE A CONTRffiUTION TO THE EDC OF UP
TO $400,000 FOR FISCAL YEAR 2001-2002
OBJECTIVE: To promote economic development initiatives to diversify the Collier County economy,
create high-wage value-added jobs, and enable all county residents to have meaningful opportunity for
upward mobility.
CONSIDERATIONS: On September 20, 200 I, the Board of County Commissioners adopted the Fiscal
Year 2001-02 budget continuing the public/private partnership between the County and the EDC, known
as the Economic Diversification Program. The Program was established to increase year round high
wage employment opportunities for county residents and improve the economic stability of Collier
County.
FISCAL IMPACT: The Economic Development Council is committed to providing 5250,000 as the
private sector participation in the Program. The County, through the adopted budget, has agreed to
appropriate S559,400 to the Program which is included in the FY 2001-02 Housing and Urban
Improvement Department's budget request. Up to $400,000 of the County's appropriation will be
contributed to the EDC on a reimbursement basis beginning 10/1/01, as prescribed in the attached
Agreement between the County and the EDC.
GROWTH MANAGEMENT IMPACT: The Collier County Comprehensive Plan does not include an
Economic Development Element. However, the Board of County Commissioners has identified
economic diversification as a Strategic Goal that will serve to strengthen the economic viability of
Collier County.
RECOM1\IENDA TIONS: That the Board 9f County Commissioners approve the Agreement between
/
the County and the EDC for FY 2001-02. ,
I ~ /
,
~.13-0/
Date
PREPARED BY:
Helene Caseltine, CED
Economic Development Manager
REVIEWED BY'
9v/>'-'v)
Mihalic, Director
nd Urban Improvement
Date
.-
Jo n M. Dunnick III, Interim Administrator
Co I munity Dev. & Environmental Services
AGENDA IT~ V
No. I" 0
APPROVED BY:
Date
SEP 2 5 2001
Pg,
/
AGREEMENT
THIS AGREEMENT is entered into this _ day of 200 I by Collier County, Florida,
a political subdivision of the State of Florida, through its Board of County Commissioners, hereinafter
referred to as the "COUNTY", and the Economic Development Council of Collier County, Inc. a Florida
not-for-profit corporation, hereinafter referred to as the "EDC".
WITNESSETH
Whereas, the Legislature of the State of Florida, Enterprise Florida and the County determined
there is a need to enhance economic activities in the State and Collier County, by retaining, expanding and
attracting high wage jobs through economic diversification and development in order to promote a stronger,
more balanced, and stable economy; and
WHEREAS, to implement this goal the State Legislature has adopted Chapter I 59. Florida
Statutes, including the Revenue Bond Act of 1953, the Florida Industrial Development Financing Act, and
Industrial Development Authorities, Housing Finance Authorities, and Research and Development
Authorities; and
WHEREAS, the County now fmds and determines that it is in the public interest of the citizens of
Collier County to assist the EDC through this contract in the EDC's business diversification program to
expand the County's tax base, to expand the employment opportunities of the residents of the County, to
increase economic mobility for residents and thereby reduce the associated burdens placed on local
government and the private sector taxpayers; and
WHEREAS, the EDC, is a private not-for-profit corporation created by the initiative of the private
sector business community for the purpose of retaining, expanding and recruiting high wage jobs for
Collier County; and
WHEREAS, the EDC perfonns many business diversification activities which are not performed
by the County and which are essential to successful business diversification in Collier County; and
WHEREAS, the County recognizes that successful business diversification requires
confidentiality with respect to the plans, objectives, criteria, and corporate information of business
candidates for retention, expansion, and recruitment and that such confidentiality is in the public interest of
the citizens of Collier County; and
WHEREAS, the County fmds that it is essential to the public interest to have an appropriate
accounting of the expenditure of public funds, especially by a non-public agency such as the EDC; and
WHEREAS, the Legislature of the State of Florida has recognized in Section 8 I 2.08 I, Florida
Statutes, and in other provisions of said statutes, the public interest in maintaining certain confidentiality in
the business diversification and development process; and
WHEREAS, the County finds the EDC is an especially appropriate entity to facilitate business
diversification and development in Collier County which includes providing business candidates with the
type of confidential assistance which is essential to successful business diversification and development;
and
WHEREAS, pursuant to the Florida Industrial Development Financing Act, Part II of Chapter
159, Florida Statutes, the County is permitted to issue Industrial Development Revenue Bonds; and
WHEREAS, in connection with the performance of its responsibilities, the Industrial Development
Authority (IDA) receives, investigates and reviews applications from various parties seeking issuance of
such Bonds; and
AGENDA IT!;M 0
No, h ~ 0
SEP 2 5 2001
~
WHEREAS, the EDC performs certain functions on behalf of the IDA in reviewing, processing
and/or presenting such bond applications; providing continuing administration with respect to Bond issues
which have been placed; and performing other specified functions; and
WHEREAS, it is in the best interest of the County to enter into a contract with the EDC to conduct
activities in accordance with the terms and conditions set forth herein; and
WHEREAS, the EDC has in the past and will continue in the future to expend substantial sums
from its private sector membership dues to promote economic diversification; and
WHEREAS, the business community in Collier County annually pays approximately $590,000 to
the County in occupational license fees; and
WHEREAS, the County has appropriated for the County's fiscal Year 2001 (October 1, 2001 -
September 30,2002), the sum of Four Hundred Thousand and 00/100 ($400,000), to the EDC, to conduct
economic diversification and development activities.
NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the
parties hereto agree as follows.
ARTICLE 1
a, The County hereby grants to the EDC up to $400,000,00 for the term of the Agreement for the
EDC's business diversification and development activities, conducted in cooperation with the
County, as described in the Summary Budget attached hereto as Exhibit "A", The EDC shall be
paid for its actual cost not to exceed the total amount for various line items and up to the
maximum amount budgeted pursuant to the Attached "Exhibit A," subject to the maximwn total
amount, may be increased or decreased by up to ten percent (10%) at the discretion of the EDC.
Adjustment in excess often percent (10%) of any line item must be authorized by the County
Administrator or his designee. The payment of the County's grant shall be made to the EDC in bi-
monthly installments, (to be interpreted as twice a month), as expenses are accrued and invoices
are received, commencing with the first month of this Agreement. Once said funds are expended,
this Agreement will automatically terminate, In no event shall the County pay the EDC more than
the appropriated amount of $400,000 during the term of this Agreement.
b, The EDC shall, within 30 days following the 18th bi-monthly installment, (to be interpreted as the
9th month) certify the amount ofEDC private funds obtained and written commitments received
for funds payable during the pending contract year for the previous nine months.
ARTICLE 2
The EDC shall on behalf of the County:
a. Establish and maintain staff to process, investigate and review business candidates of finns which
will retain, expand and/or create high wage jobs in Collier County.
b. Provide business promotion collateral materials and business assistance services to business
candidates.
c, Use its best efforts to obtain high quality supplies and services for use in the performance of these
services at the lowest practical costs and shall expend funds in accordance with the Summary
Budget attached hereto as Exhibit "A".
d. Furnish the County Administrator with a quarterly narrative progress report on the proD"
activities described in Summary Budget attached hereto as Exhibit "AU. Such repo s will ~%~~ IT;~R t
basic statistical information relevant to the economic diversification public/private ership
SEP 2 5 2001
2
f'O.
3
program and a statement of expenditures made in each budget category and line items identified in
the Sununary Budget attached hereto as Exhibit "An.
e. Furnish an annual report of expenditures of County funds in such form as the Clerk of Courts will
prescribe. This report will be on a fiscal year of October I through September 30, and will be due
on November 15, of each year.
f. Agree that any equipment purchased in accordance with this Agreement will be taken up on an
inventory record by the EOC and inventoried at least annually, Upon the expiration of the useful
life of such equipment or upon the expiration of the aforementioned Agreement, whichever comes
first, such equipment will become the property of the County or disposed of as authorized in
writing by the County, The EOC shall purchase property insurance coverage to insure all real and
personal property covered by this paragraph. Such policy shall name Collier County as a loss
payee with respect to the loss of county purchased property.
ARTICLE 3
1. The term of this Agreement shall be for a period of one (l) year to begin October 1, 2001 and end
on September 30, 2002, unless earlier terminated in accordance with paragraph 2 below.
2. Either party may terminate this Agreement upon one hundred eighty (180) days written notice to
the other of its intention to terminate, In the event of termination, the County shall pay for
services and costs incurred, prior to the date of termination. With regard to the portions of
payments made to the Board in excess of the services and costs incurred by the EOC prior to the
date of termination, the EOC shall remit to the County all of such excess portions.
3, After termination, and except as otherwise directed, the EOC shall:
a. Stop working under the Agreement on the date, and to the extent specified, in the notice
of termination.
b. Place no further orders or subcontracts for materials, services or facilities, except as may
be necessary for completion of such portion of the work under the Agreement as is not
terminated.
c. Terminate all orders and subcontracts to the extent that they relate to performance of
work, which was terminated.
d, Prepare all necessary reports and documents required of the terms of the Agreement up to
the date of termination, including the fmal report due at the end of the program, if any,
without reimbursement for services rendered in completing said reports beyond the
termination date.
e, The EOC shall give written notice of its intent to renew said Agreement to the Board of
County Commissioners no less than one hundred eighty (180) days prior to the expiration
of the Agreement, as necessitated by the County budget process. However, the County is
under no obligation to renew such Agreement.
ARTICLE 4
Waiver by either party of the breach by the other party of any provisions of this Agreement shall
not be deemed a waiver of any other or subsequent breaches and shall not be construed to be a modification
of the terms of this Agreement.
AGENDA ITEM S'
No. ~ t. A-
3
SEP 2 5 2001
Pg. ~-:
ARTICLE 5
A, The parties deem the services to be rendered by the EDC for the County under this Agreement to
be personal in nature, The EDC shall not assign any rights or duties under this Agreement to any
other party without written permission of the County. If the EDC attempts to assign any rights or
duties without prior written permission of the County, this Agreement may be declared void by the
County and the EDC thereupon agrees to remit to the County all payments made pursuant to this
agreement for the entire term of this Agreement.
c. The EDC shall not enter into agreements with subcontractors for any of the work contemplated
under this Agreement without first obtaining written approval of the County subject to such
conditions and provisions as the County may deem necessary; provided however, that
notwithstanding the foregoing, unless otherwise provided herein, such prior written approval shall
not be required for purchase by the EDCof such articles, supplies, equipment, and services which
are necessary and incidental to the performance of the work described herein, The requirements of
this clause shall not be deemed in any event or manner to provide for the incurrence of any
obligation of the County by any actions of the EDC.
d. To the fullest extent permitted by law, the EDC will indenmify and hold harmless the County from
and against all claims, damages, losses, and expenses, including reasonable attorney's fees and
costs, arising out of or resulting from the performance by the EDC of its responsibilities under this
Agreement.
e, The EDC is hereby declared by the parties to be an independent contractor for the performance of
the economic diversification and development activities and will be responsible for the initiating,
maintaining and supervising of all safety precautions and programs necessary in connection with
this Agreement. The EDC shall not be considered a public agency as a result of its assumption of
the duties described herein. The EDC agrees to comply with all applicable safety laws,
ordinances, rules, regulations, standards and lawful order of any public authority having
jurisdiction over the matter in question.
ARTICLE 6
a, The County shall render payments bi-monthly (to be interpreted as twice a month), commencing
October 1,2001 through September 30,2002,
b. The EDC shall keep orderly and complete records of its fmancial accounts and financial
transactions involving the funds provided to the EDC under this Agreement. The EDC shall open
these records to inspection by County personnel at reasonable hours during the entire term of the
Agreement. Any person duly authorized by the County shall have full access and the right to
examine any of these records during the term of the Agreement and up to three (3) years
thereafter. The EDC shall submit annual reports to the County, in form and substance, as
prescribed in writing by the County, with regard to the activities of the public/private partnership
for economic diversification. The EDC shall provide the County with its independent annual audit
of the immediately proceeding fiscal year no later than January 31 of each year of this Agreement.
The provisions of this paragraph will survive termination of this Agreement as to the fiscal years,
or portions thereto during which this Agreement is in effect.
ARTICLE 7
The EDC shall not discriminate against any employee or person served under this Agreement on
account ofrace, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or
marital status,
AGENOA ITEM V
No. I c; A- J
ARTICLE 8
4
SEP 2 5 2001
5
Pg.
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All notices required in this Agreement shall be hand delivered or sent by certified mail, rerum
receipt requested, and if sent to the County shall be addressed to;
Greg Mihalic
Director of Housing and Urban Improvement
Collier County
2800 North Horseshoe Drive
Naples, FL 34104
And if sent to the EDC Shall be addressed to:
Susan Pareigis
President
Economic Development Council of Collier County, Inc.
3050 North Horseshoe Drive, Suite 120
Naples, FL 34104
ARTICLE 9
Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing, duly signed, by both parties hereto, and attached to
the original of this Agreement.
ARTICLE 10
The County's perfonnance and obligation to pay under this contract is contingent upon an annual
appropriation for its purpose by the Board of County Commissioners.
ARTICLE 11
As provided in F.S. 287.132-133, by entering into this Agreement or performing any work in
furtherance hereof, the EDC certifies that its affiliates, suppliers, subcontractors and consultants who will
perfonn hereunder, have not been placed on the convicted vendor list maintained by the State of Florida
Department of Management Services within 36 months immediately preceding the date hereof. This notice
is required by F.S.287.133 (3)(a).
AGENDA ITEM Y
No, 1& A-
.
SEP 2 5 2001
5
Pg.
G
IN WITNESS WHEREOF, the parties have executed this Agreement on the dates set forth above.
A TrEST:
By:
Collier County, Florida
Board of County Commissioners
By:
Dwight Brock, Clerk of Courts
Jim Carter, Chairperson
Date:
\VITNESS:
CONSULTANT:
&~~,~
'S 0 ature ~
,~~ ~ A~ ~ ' =?.A-i2-D g \ S
Name (Printed)
Economic Development Council
of Collier County, Inc.
WITNESS:
~LL~~(y C. \("\.~
Signature
~Jrl'L;n Lrnne
Name (Printed)
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY
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Patrick G. Whi-te
Assistant County Attorney
6
AGENDA !TE;:t 0
No, J (.. J
SEP 2 5 2001
Pg,
1
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Exhibit IrA"
Budget
October 1,2001 - September 30, 2002
Economic Diversification
$400,000.00
ADi\-IINISTRA TIVE EXPENSES
To include salaries, taxes and benefits
$
329,927.00
i\-IARKETING EXPENSES
To include, but not limited to:
CEO Marketing Campaign
Targeted Industry Marketing Campaigns
Research Collaterals - Market Facts
Web site Marketing & Design
TOTAL i\-IARKETING
$
56,943.00
EQUIPi\-IENT PURCHASE
$
13,130.00
TOTAL
$
400,000.00
AGENDA ITE~ ()
No. I Co ~
SEP 2 5 2001
, Pg,
?:
--
EXECUTIVE SUMMARY
AUTHORIZE ASSISTANT COUNTY ATTORNEY TO BID ON BEHALF
OF COUNTY AT FORECLOSURE (CODE ENFORCEMENT LIEN) SALE
SCHEDULED FOR OCTOBER 2, 2001.
OBJECTIVE: To obtain the Board's authorization for the undersigned Assistant County
Attorney to bid for property to be sold at a code enforcement lien foreclosure sale scheduled on
October 2, 2001, resulting from a Summary Final Judgment in favor of the County in Collier
County v. Ronnie Parks, Circuit Court Case No. 00-1656-CA.
CONSIDERA TIONS: An action was filed on May 15, 2000 to foreclose a code enforcement
lien imposed against real property owned by Larry Parks and located at 1200 Mingo Drive, in the
unincorporated area of Collier County. A Summary Final Judgment in favor of the County was
entered by the court on August 28, 2001, in the amount of $1,512,998.00, and foreclosing the
interest of all defendants or persons claiming through said defendants upon public sale of the
property by the Clerk. A copy of the Summary Final Judgment is attached hereto. The public
sale has been scheduled for October 2,2001 and will be advertised and conducted in accordance
\vith Florida law.
The property is covered with litter, debris and disabled/abandoned vehicles and remains in
violation. Consequently, the County desires to obtain title to the property in order to abate the
violations. After cleanup the property can be sold as surplus property. The County, however,
will be required to enter a bid at the sale in order to obtain title to the property, and the
undersigned will need authority to bid on the property. The County may bid up to the amount of
its judgment ($1,512,998.00) and receive credit against the judgment for its bid. Consequently
there is no expenditure by the County, except for payment of the clerk's fee of $40.00, and the
cost of advertising the sale, which costs must be paid at the time of sale.
Staff recommends acquiring the property in order to insure that the violations are corrected and
corrected in a timely manner. The County should be able to recoup these cleanup costs, as well
as costs associated with the acquisition of this property, upon re-sale of the property.
FISCAL IMPACT: Approximately $250.00 from Code Enforcement Department account.
GRO\VTH MANAGEMENT Il\'IPACT: None.
-.
AGENDA 1TEM0
No. /f~ .4 . (
SEP 2 5 2001
Pg.
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RECOMMENDA TION: That the Board of County Commissioners:
1. Authorize the Office of County Attorney, in particular, the undersigned Assistant County
Attorney, to bid on the subject property up to the amount of its final judgment at the
foreclosure sale; and
2. Accept title to the property and authorize recording of title, upon confirmation of the sale
by the Clerk and issuance of a Certificate of Title; and
3. Authorize staff to pay any fees or expenses associated with the sale and recording of the
Certificate of Title; and
4. Authorize staff to take necessary measures to abate the existing violations on the property
and to thereafter surplus and sell the property in accordance with state and local laws.
/l . J/J-I
SUB}.IITTED B~~ !0x/C~(,r('/'--_/
Ellen T. Chadwell
Assistant County Attorney
Date:
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/1/(//
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REVIEWED BY: ~------GL- r-Z
Michelle Edwards Arnold, Director
Code Enforcement Department
Date: '1.n..of
APPROVED BY:
Jon
Col munity Development & Environmental
Services Division
Date: g fJ'i 10 I
I
- AGENDA ITEM 1 I
No. 11./1
SEP 2 5 2001
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IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
11~ AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
COLLIER COUNTY, a political
subdivision of the State of Florida,
Plaintiff,
v.
Case No.: 00-1656-CA
RONNIE PARKS and COLLIER
COUNTY, FLORIDA, a political
subdivision of the State of Florida,
Defendant.
/
SUMIHARY FINAL JUDGMENT
THIS CAUSE having come before the Court on August 28, 2001, upon Plaintiff,
Collier County's, Motion For Summary Final Judgment of foreclosure, and the Court
having reviewed the pleadings and affidavits, having heard argument of counsel, and
being othexwise fully advised in the premises, finds as follows:
A. The Defendants, Ronnie Parks and Larry J. Parks, were each personally
and properly served and the Court has jurisdiction over the parties and over the subject
matter of this action.
B. Defendant, Larry J. Parks, has sufficient equitable and legal interest in the
property to be included in this lawsuit.
C. Collier County was also named as a Defendant by virtue of solid waste
special assessments. Collier County has not been served in this action and, due to its
superior status as a holder of these assessment liens, is not required by law to be joined in
this action.
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D. The County's interest in the code enforcement lien is paramount and
superior to any right, title, interest, claims, liens, encumbrances and equities of the
Defendants, Ronnie Parks and Larry J. Parks, and all persons claiming any interest since
the filing of the Lis Pendens in the subject property.
E. The certified copy of the Order hnposing Fine/Lien rendered by the
Collier County Code Enforcement Board was properly recorded on February 1, 1996. A
certified copy of this Order has been filed with the Court in this action.
F. Pursuant to 9162.09(3), Florida Statutes, this Order imposed an
enforceable lien against the property described therein as:
West Y2 of the Northeast 14 of the Northwest 14 of the Northeast 14 of Section 32,
Township 48 South, Range 27 East, and located at 1200 Mingo Drive, Naples,
Florida
G. There are no other liens recorded against the subject property except for
solid waste special assessments for the years 1991 through 1996, which liens are superior
to code enforcement liens. The Plaintiff is the owner of these special assessments.
H. Defendant, Ronnie Parks, is the owner of record of the subject property
and has denied having any interest in the property through an answer that was filed on
May 7, 2001.
I. The violations, which are the subject of the Order imposing Fine/Lien,
have not been corrected as ofJuly 10,2001.
J. The Plaintiff, Collier County, has incurred costs in the recording of the
lien and its satisfaction through foreclosure in the amount of $998. See the Affidavit of
Michelle Edwards Arnold which is filed with this Court.
AGENDA ITEM
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K. As to each Defendant, Ronnie Parks and Larry J. Parks, there are no
genuine issues of material fact, and Plaintiff, Collier County, is entitled to a judgment in
its favor as a matter oflaw; accordingly, it is
ORDERED AND ADJUDGED that Plaintiffs motion for the entry of Summary
Final Judgment of foreclosure against Defendants, Larry 1. Parks and Ronnie Parks, is
hereby GRANTED and that Summary Final Judgment for foreclosure ("The Judgment'')
is hereby entered in accordance with the terms that follow:
1. There is due and owing from Defendants, Ronnie Parks and Larry J.
Parks, to the Plaintiff, the total sum of the code enforcement lien which equals
$1,512,000.00, as of July 10,2001, and is due as of the date hereof with interest accruing
at the legal rate, for which execution issue.
2. Plaintiff, Collier County, is entitled to the costs incurred in this action,
pursuant to ~ 162.1 0, Florida Statutes, in the amount of Nine Hundred and Ninety-Eight
Dollars ($998.00).
3. Plaintiff has a code enforcement lien and security interest to secure the
payment of the lien amount against the subject property. Unless the Defendants shall, at
any time prior to the sale of the property described herein, pay to Plaintiff the total sum
with interest at the rate prescribed by law and all costs of this action, the Clerk of the
Court, after publication of notice required by Chapter 45 of the Florida Statutes, shall sell
the property at public sale on ~ d , 2001, at .u ~ ~a,t't1. o'clock, to the
highest and best l!idder for cash, in the First Floor Lobby, Atrium area of the Collier
County Courthouse, Naples, Collier County, Florida, in accordance with 945.031, Florida
Statutes. The property shall be sold free and clear of all right, title, interest, claim, lien,
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encumbrance, remainder reverSIon, homestead, dower, or equity of redemption
whatsoever of the Defendants named herein, and all persons or entities claiming interest
in said property, as of the date of filing of the Notice of Lis Pendens, except for those
solid waste special assessments owned by Collier County.
: '. .' 4.
Plaintiff is hereby given leave to bid at said sale and apply against any
debt made by it, the amount found to be due Plaintiff in this Judgment. Section
45.031(2), Florida Statutes, requires that the high bidder post with the Clerk a deposit
equal to Five Percent (5%) of the final bid. In the event that the successful bidder fails to
place the requisite deposit in accordance with Florida Statutes with the Clerk, said bid is
void and the sale shall go to the second highest bidder who shall also comply with Florida
Statutes in relation to the required deposit. However, if the Plaintiff is the successful
bidder, it is excluded from the deposit requirement.
5. Out of the proceeds arising from the sale of the property, the Clerk shall
retain his fees and shall distribute the proceeds of the sale, so far as they are sufficient, by
paying: first, all of the costs as determined herein; second, documentary stamps affixed
to the Certificate of Sale; third, the total swn due to Plaintiff as set forth in this final
judgment, plus interest at the rate prescribed by law from this date to the date of the sale.
If the property shall sell for more than enough to pay the above-mentioned sums with
interest, the Clerk shall retain the surplus and report to this Court for the Court to further
order. The Clerk of the Court shall hold the surplus in the registry of this Court.
Thereafter, upon motion and notice of hearing to all parties, the Court will adjudicate the
rights hereto according to law in equity.
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6. Upon the sale being held in accordance with Chapter 45 of the Florida
Statutes, and upon the Clerk filing a Certificate of Sale and a Certificate of Title, the sale
shall stand confirmed and title shall pass fully and completely to the purchaser named in
the Certificate of Title free and clear of any right, title, interest, estate, claim or equity of
redemption of the Defendants or any person claiming, by, through or under them, or nay
person claiming any interest in the subject property, and the purchaser at the sale shall be
let into possession of the property. Further, any and all persons whosoever claiming
against the subject property, by virtue of any liens or other interest unrecorded as of the
date of the filing of Lis Pendens with the Clerk of this Court, shall be forever barred from
asserting any such liens or other interest and any such liens or other interest shall be
discharged forever, in accordance with the Florida Statutes.
7. This Court retains jurisdiction of this cause for purposes of making all
other orders and judgments as may be necessary and appropriate herein, including, but
not limited to writs of assistance determining claims to any surplus and granting such
other relief as may be appropriate. Section 162.09(3), Florida Statutes (1999), does not
provide for the entry of a deficiency judgment in favor of the Plaintiff in the event that
the proceeds of the sale of the property are insufficient to pay the amounts due and owing
Plaintiff, pursuant to this Judgment.
DONE AND ORDERED at Naples, COllie; County, Florida, this EK. day of
August, 2001.
cs/-rI3~
TED BROUSSEAU -
Circuit Court Judge
List of Recipients of conformed copies on following page.
AGENDA ITE~
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Conformed copies to:
Ellen T. Chadwell, Assistant County Attorney
Office of County Attorney
3301 Tamiami Trail East
Naples, Florida 34112
Attorney for PlaintifJ, Collier County
Ronnie Parks
221 16th Avenue, Pat. #1
San Francisco, CA 94118
Larry J. Parks
1200 Mingo Drive
Naples, Florida 34120
Bookkeeping
H:\Public\Litigation\CEB CASES\Parks\Summary Final Judgment-doc
AGENDA ITEM -~-l
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EXECUTIVE SUMMARY
AUTHORIZATION TO AMEND THE CONSULTING SERVICES AGREEMENT WITH
RW A, INC. TO INCLUDE BOTH THE RURAL FRINGE AREA OVERSIGHT
COMMITTEE AND THE EASTERN LANDS OVERSIGHT COMMITTEE FOR THE
DURATION OF THE RURAL AND AGRICULTURAL ASSESSMENT PROCESS
OBJECTIVE: To receive approval to amend the consulting services agreement with RW A,
Inc., in particular with Robert J. Mulhere, AICP, Director of Planning, to include both oversight
committees, the Rural Fringe Area Oversight Committee and the Eastern Lands Area Oversight
Committee for the duration of the Rural and Agricultural Assessment process.
CONSIDERA TIONS: The Rural and Agricultural Assessment is currently being conducted by
Collier County Planning Services staff as required by Final Order of the State of Florida
Administration Commission Order (AC-99-002). The Board of County Commissioners (BCC)
divided the process into two distinct initiatives and appointed two oversight committees to work
with staff and with consultants to develop Growth Management Plan goals, policies and
objectives to address the issues set forth in the Final Order. The two oversight committees are the
Rural Fringe Area Oversight Committee (The Fringe Committee) and the Eastern lands Area
Oversight Committee (The Eastern Lands Committee).
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Growth Management Plan goals, policies and objectives for the Eastern Lands Area are being
developed by WilsonMiller in accordance with a scope of services that was endorsed by the
BCe. Collier County staff is developing Growth Management Plan goals, policies and
objectives in the Rural Fringe area, but must also be prepared to evaluate the recommendations
of WilsonMiller and to develop additional alternative scenarios and Growth Management Plan
amendments for the Eastern Lands Area. The County also retained the legal services of Nancy
Linnan of the Tallahassee based law firm of Carlton Fields.
To date, RW A Inc., more particularly Bob Mulhere, Director of Planning, has been retained to
assist staff primarily in the Rural Fringe Assessment process. Bob, as the former Collier County
Planning Services Director, was selected because of his first hand knowledge and vast
experience in this area. The amended contract will now include consulting services for both the
Rural Fringe Area Oversight Committee and the Eastern Lands Oversight Committee. The entire
assessment process is expected to be 14 months (April 2001 through June 2002), as the Final
Order requires that the Assessment be complete and necessary Growth Management Plan, goals,
policies and objectives must be in place by June 22, 2002.
Board approval is required inasmuch as the fiscal impact of the amended agreement will exceed
the $25,000 threshold and we wish to continue to contract with RW A, Inc. as a sole source
vendor. A Purchase Order was opened in May of 2001 in the amount of $25,000 to cover the
costs of the consulting services for the Rural Fringe Area Oversight Committee, of which $9,000
has not been expended and will be rolled into a new purchase order pending the Board's
approval.
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FISCAL IMPACT: The final negotiated contract shall not exceed $27,300 (of which $9,000
remains available from the existing P.O.) for the continuation of consulting services for the Rural
Fringe Area Assessment and $52,500 for the Eastern Area Assessment. It is assumed that a
purchase order will be opened for each process (the remaining Rural Fringe work and the Eastern
Lands work) in order to facilitate tracking of services and billing. The source of funds will be
MSTD General Fund (111) reserves.
GRO\VTH MANAGEMENT IMPACT: The consulting services will contribute to the
drafting of the Growth Management Plan amendments that will resolve the remedial actions
called for in the Final Order.
RECo.MJ\IENDA TION: That the Board authorizes extending the Consulting Services
Agreement with RW A, Inc. for the duration of the Rural and Agricultural Assessment process to
include both the Rural Fringe Area Oversight Committee and the Eastern Lands Oversight
Committee.
REVIEWED BY:
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Steve Carnell,: urchasing Director
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Date: ( ! i.f 0 (
APPROVED BY:
) \1M
ohn M. Dunnuck, Interim Administrator
ommunity Development and Environmental Services
(
D~1te: q fH}c \
AGENDA ITEM i 0
No. //" A
SEP 2 5 2001
~9'_ ~
UWT A""' Developme"l&
.... '" , '.L. ..... Environmental Consultants
Thursday, August 23,2001
John Dunnuck,
Interim Community Dev. & Env. Services Administrator
Development Services Center
2800 North horseshoe Drive
Naples FL 34104
Reo' Consulting Services Agreement Between the Collier County Board of Commissioners
(BCC) and RWA, Inc., in Particular with RWA Planning Director Boh Mulhere, AICP,for
duration of the Rural and Agricultural Assessment process.
Dear Mr. Dunnuck:
R W A, Inc. is please to submit the following proposal for professional planning services
associated with the ongoing Collier County Rural & Agricultural Assessment (Project). Outlined
below is a summary of the Project's current status, anticipated scope of services and associated
professional fees, and anticipated timeframes for completion of the Project.
Proiect Profile:
The Rural & Agricultural Assessment is currently being conducted by Collier County staff as
required by Final Order of the State of Florida Administration Commission Order (AC-99-002).
Issues to be addressed as part of the Assessment include:
>- Discouraging urban sprawl;
>- Protection of wetlands and listed species and their habitat;
>- Upland protection measures;
>- Stormwater management and water quality;
>- Means to protect unique agricultural lands;
>- Impacts to adjacent public lands;
>- Private property rights;
>- Economic impacts, and;
>- Opportunities for conversion of rural lands to other land uses.
The Collier County Board of County Commissioners bifurcated the Assessment process into two
distinct initiatives and appointed two oversight committees to work with staff and with
consultants to develop Growth Management Plan (GMP) goals, polices and objectives to address
the issues set forth in the Final Order. The two oversight committees are the Rural Fringe Area
Oversight Committee (The Fringe Committee) and the Eastern Lands Area Oversight Committee
(The Eastern Lands Committee).
Growth Management Plan goals, policies and objectives for the Eastern Lands Area are being
developed by Wilson Miller a multidisciplinary land development consulting firm, employed by a
coalition of large property owners in that area and in accordance with a scope of services that was
endorsed by the Collier County Board of County Commissioners, Collier County staff is
developing Growth Management Plan, goals, policies and objectives in the Rural Fringe area, but
must also be prepared to evaluate the recommendations ofWilsonMiller and to develo., AGENDA ITEM
additional alternative scenarios {if necessary) and Growth Management Pan Amendmer ts for%e / ~ A ID
SEP 2 5 2001
c?(
3050 North Horseshoe Drive, Suite 270, Naples. Florida 34104. (941) 649-1509, fax: (941) 649-7056 ww~nsull-rwa.com
RWA INC.
R W AlCollier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
Page 2 of8
Eastern Lands Area. The County has also retained the legal services of Nancy Linnan of the
Tallahassee-based law frrm of Carlton Fields.
The Final Order requires that the Assessment be complete and necessary Growth Management
Plan, goals, policies and objectives be in place by June 22,2002. An extension of that time frame
may be requested, but this would most likely require consensus of all parties, including the
Florida Department of Community Affairs (DCA), the interveners (Florida Wildlife Federation,
Collier County Audubon, Eastern Lands Property Owners, and Collier County).
NOTE: To date, RWA has been retained to assist primarily in the Rural Fringe Assessment
process. There is an existing P.O. (originally issued in the amount of $25,000) to cover these
consulting services. There is some $8,000 still unencumbered on that P.O. It is assumed that
should the County enter into this agreement for consulting services, that P.O. would be closed and
two new P.O. would be issued, one for the remaining Rural Fringe work, and one for the Eastern
Lands work. With these two distinct and separate billing accounts, one for each process,
appropriate tracking of services related to each of the two distinct processes (both the Rural
Fringe and Eastern Lands Areas) will be better facilitated.
Proiect Assumptions:
The duration of the consultant services is expected to be approximately 12 months (August 2001
through August 2002). Should additional services be necessary after August of 2002, in order to
address legal challenges or an extension of the Final Order time frame, these additional services
are not a part oftms agreement but may be accomplished through a new agreement or though an
amendment to this agreement.
SCOPE OF SERVICES:
The project consulting services have been broken down into two categories: Rural Fringe
Assessment Process and Eastern Lands Assessment Process.
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RWA INC,
R W NCollier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
Page 3 of8
A.
Rural Fringe Assessment Process Consulting services
1.0 General Plannint! Consultation Services
1.1 Preparation for and attendance at all Rural Fringe Assessment Oversight Committee
(RF AC) meetings.
1.2 Preparation for and attendance at all other Advisory Board Meetings addressing Rural
Fringe Assessment issues, including but not limited to, the Environmental Advisory
Council (EAC), and the Development Services Advisory Council (DSAC), and the
Collier County Planning Commission (CCPC).
1.3 Preparation for and Attendance at all Rural Fringe Assessment related Collier County
Board of Commissioner meetings, including all workshops and public hearings, through
the GMP adoption hearing.
1.4 Regular consultation and meetings with Collier County Planning & Natural Resource
Department staffas well as with the County's outside legal counsel (Carlton Fields, et
al.).
1.5 Assist staff, including the Public Information Office, with planning and overseeing public
participation efforts, including updating and maintaining the currency of the Rural
Assessment Website, scheduling public meetings and/or workshops, attending, as
requested, civic, community neighborhood and stakeholder group meetings.
1.6 Assist Collier County staff in drafting Growth Management Plan, goals, policies, and
objectives for the Rural Fringe area.
1.7 Assist Collier County staff with assembling the data and analysis to accompany proposed
Growth Management Plan amendments for Rural Fringe Area.
l.8 Coordinating with representatives of various state agencies assigned the responsibility for
technical review of the work products of the Project. This group is referred to as the
Technical Advisory Group (TAG)].
1.9 Meeting individually with members of the Board of Collier County Commissioners, as
requested by staff, to inform them of the Project issues.
1.10 Work with Collier County staff, Carlton Fields, and DCA and other stakeholder groups to
address issues that are raised in a post-transmittal DCA Objections, Recommendations
and Comment (ORC) report.
2.0 Professional Service Fees
2.1 Profession Planning Consultation Fees: RW A, Inc, agrees to provide the aforementioned
professional planning consultation services at a rate of $11 0.00 per hour.
2.2 Reimbursable Expenses: Expenses for travel, mileage, blueprints, reproduction services,
overnight or express delivery services and long distance telephone calls shall be
reimbursable to RW A Inc.
AGENDA 'Tlf '""'
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RWA INC.
R W NColIier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
Page 4 of8
2.3
Anticipated Hours and Fees by Activity:1
Activity Projected Hours Total Projected Fee Type of Fee
bv Activitv
1.1 80 $6,600 T /M/E
1.2 25 $2,200 T/M/E
1.3 25 $2,200 T /M/E
1.4 20 $2,750 T /M/E
1.5 15 $1,650 T /M/E
1.6 40 $3,850 T/M/E
1.7 10 $1, 1 00 T/M/E
1.8 10 $1,100 T /M/E
1.9 15 $1,650 T /M/E
1.10 30 $2,200 T /M/E
Total 270 $25,300
1.11 Reimbursables $2,000 T/M/ET
I Note: These are maximum projected hours by activity type.
2 TIM/E denote time and materials. The actual amount may be more or less than the estimate.
does provide for a cap equal to the total of the cost estimate, which cannot be exceeded without >Titte1N~~ENDA)IEjJ 10
authorization.
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RWA INC,
R W NColIier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
PageS of 8
B. Eastern Lands Assessment Consulting Services
1.0 General Plannin1! Consultation Sen'ices
] . ] Preparation for and attendance at all Eastern Lands Assessment Oversight Committee
(ELAC) meetings.
1.2 Preparation for and attendance at all other Advisory Board Meetings addressing Eastern
Lands Assessment issues, including but not limited to, the Environmental Advisory
Council (EAC), and the Development Services Advisory Council (DSAC), and the
Collier County Planning Commission (CCPC).
1.3 Preparation for and attendance at aU Eastern Lands Assessment related Collier County
Board of Commissioner meetings, including all workshops and public hearings, through
the GMP adoption hearing.
1.4 Regular consultation and meetings with Collier County Planning & Natural Resource
Department stafT, WilsonMiller (consultant for the Eastern Collier Property Owners) as
well as with the County's outside legal counsel (Carlton Fields).
1.5 Assist County staff in the review of aU work products developed in accordance with the
WilsonMiller Scope of Work for the Eastern Lands Area.
1.6 Assist stafT, including the Public Information Office, with planning and overseeing public
participation efforts, including updating and maintaining the currency of the Rural
Assessment Website, scheduling public meetings and/or workshops, attending, as
requested, civic, community neighborhood and stakeholder group meetings.
1.7 Assist Collier County staff in drafting Growth Management Plan, goals, policies, and
objectives for the Rural Fringe area.
1.8 Coordinating with representatives of various state agencies assigned the responsibility for
technical review of the work products of the Project. This group is referred to as the
Technical Advisory Group (T AG)J.
1.9 Meeting individually with members of the Board of Collier County Commissioners, as
requested by staff, to infonn them of the Project issues.
1.10 Work with Collier County stafT, Carlton Fields, WilsonMiIler, DCA, stakeholder groups
to address issues that are raised in a post-transmittal DCA Objections, Recommendations
and Comment (ORC) report.
2.0 Professional Sen'ice Fees
2.1 Profession Planning Consultation Fees: RWA, Inc. agrees to provide the aforementioned
professional planning consultation services at a rate of $85.00 per hour. This rate is
consistent with the professional planning hourly rate for planning services set forth in
Schedule "A", the Collier County Fee Schedule for RFP 00-3115, the "Annual Contract
for Traffic Engineering Consultant Services."
2.2 Reimbursable Expenses: Expenses for mileage, blueprints, reproduction services,
overnight or express delivery services and long distance telephone calls shall be
reimbursable to R W A Inc.
2.3 Anticipated Hours and Fees by Activity:3
AGENDA ITEM 0
No, I t. It )
3 Note: These are maximum projected hours by activity type.
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RWA INC.
R W NCollier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
Page 6 of8
Activity Projected Hours Total Projected Fee Type of Fee
by Activity
1.1 100 $9,900 TIMIE
1.2 30 $2,200 TIMIE
1.3 60 $5,500 TIMIE
1.4 60 $6,600 T IMIE
1.5 40 $4,400 T IMIE
1.6 20 $2,200 T IMIE
1.7 80 $8,800 TIMIE
1.8 20 $2,200 TIMIE
1.9 30 $3,300 T IMIE
1.10 50 $4,400 T IMIE
Total 490 $49,500
1.11 Reimbursables $3,000 T 1MIE4
4 T/MIE denote time and materials. The actual amount may be more or less than the estimate. The proposal
does provide for a cap equal to the total of the cost estimate which cannot be exceed without 'Written
authorization. AGENDA ITEM 0
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RWA INC.
R W NCollia County Rural Lands Assessment Agreement
Th~day,August23,2001
Page 70f8
SPECIAL CONDITIONS:
In executing this agreement, R W A, Inc. agrees not to represent any clients in any matters
associated with lands that fall within the boundaries of the Rural Fringe and Eastern Lands
Assessment Area, as described in Final Order AC-99-002, for the duration ofthis agreement
period.
The maximum authorized expenditure for the services outlined in this agreement and for any
additional incidental expense shall not exceed $27,300.00 for the Rural Fringe Area Assessment
and $52,500 for the Eastern Area Assessment, without prior authorization and approval by Collier
County. Prior to commencing work on the tasks in either the Rural Fringe or Eastern Lands
Assessment Areas, as outlined in the respective Section 1.0, General Planning Consulting
Services, written pre-approval shall be obtained from the Community Development and
Environmental Services Administrator.
EXCLUDED SERVICES:
The professional services to be provided to Collier County as part of this agreement are limited to
those services described in the Scope of Services, Section 1.0 1 General Planning Consultation
Services. All other services are specifically excluded.
ACCEPTANCE AND AUTHORIZATION TO PROCEED
Period for Acceptance:
This proposaVAgreement is open for acceptance by client for 60 days commencing on April 16,
2001 and concluding on June 16,2001. After June 16,2001, this proposal may be withdrawn or
subject to re-negotiation by RWA, Inc.
Acceptance:
If this ProposaVAgreement satisfactorily sets forth the Client's understanding of the agreement.,
please sign one copy of this agreement in the space provided and return it to R W A, Inc. as
authorization to proceed with work.
Client Authorization:
I hereby authorize, in my official capacity as Chairman of the Collier County Board of
Commissioners, the performance of the services as described herein and agree to pay the charges
resulting from these performance of the services, subject to all conditions contained herein.
Accepted and Authorized this Day of ,2001.
By:
James C. Carter, Ph.D., Chairman, Collier County Board of Commissioners
AGENDA ITEM 0
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RWA INC.
RWNCollier County Rural Lands Assessment Agreement
Thursday, August 23, 2001
Page 80f8
Thank you for the opportunity to submit this professional service proposal. Please feel free to call
if you have any questions. We look forward to working with you to ensure that the Rural and
Agricultural Assessment includes broad community participation and results in Growth
Management Plan amendments that ensure an appropriate balance of natural resource protection
and private property rights protection measures.
Sincerely,
~,
Director of Planning
RWA, Inc.
AGENDA IT~M {O
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RWA INC.
Standard Business Tenns and Conditions
These Standard Terms and Business Conditions are attached to, and made part ot; Proposals and Agreements for services by RW A Inc., the Design
Professional.
Access To Site:
Unless otherwise stated, the Design Professional will have access to the site for activities necessary for the performance of the services. The Design
Professional will take precautions to minimi2e damage due to these activities, but has not included in the fee the cost of restoration of any resulting
damage.
Dispute Resolutioa:
Any claims or disputes made during design, consIruction or post-construction between the Client and the Design Professional shall be submitted to
non-binding mediation. Client and Firm agree to include a similar mediation agreement with all contractors, sub-contractors, sul>-consultants,
suppliers and fabricators, thereby providing for mediation as the primary method for dispute resolution between all parties.
BilliagsIPayments:
Time and Material Expenses (TIMIE) fees shall be billed monthly or based on the time and materials expenses incurred to the billing date, plus
reimbursable expenses, in accordance with the Rate Code Schedule in effect at the time services are rendered, Any T IMIE estimate is for
informational purposes. The actual fee may be more or less than the estimate and is based on the Rate Code Schedule in effect at the time services are
rendered. Lump sum fees shall be billed monthly based on a percentage of the Design Professional's agreement scope completion.
Invoices for the Design Professional's services may be submitted, at the Design Professional's option., upon completion of services. Invoices shall be
payable within 30 days after the invoice date. The progress of the Design Professional's service requires prompt payment Past due amounts may
incur a late fee of 1.5 % per month and the Design Professional can upon giving 7 days written notice to client suspend services until payment in full is
received. Retainers shall be credited on the final invoice. Tbe Design Professional is entitled to collect reasonable fees and costs, including collection
agency, attorney's fees and interest as required to obtain collection of any fees under this agreement.
Reimbursables:
Project related expenses such as transportation, food and lodging, postage, shipping, document reproduction and communication charges shall be
reimbursable to the Design Professional.
Permit and Application Fees:
Client shall pay all permit and application fees required for project approvals directly to the authority having jurisdiction.
Indemnification:
The Client sball, to the fullest extent permitted by law, indemnif}. and hold harmless the Design Professional, his or her officers, directors, employees,
agents and sub-consultants from and against all damage, liability and cost, including reasonable attorney's fees and defense costs, arising out of or in
any way connected with the performance by any oftbe parties above named oftbe services under this agreement, excepting only those damages,
liabilities or costs attributable to the sole negligence or \\.illful misconduct of the Design Professional.
Certifications:
Guarantees and Warranties: The Design Proressional shall not be required to execute any documentlhat would result in its certifYing. guaranteeing or
warranting the existence of conditions whose existence the Design Professional cannot ascertain.
Limitation of Liability:
In recognition of the relative risks, rewards and benefits of the project to both the Client and the Design Professional, the risks have been allocated such
that the Client agrees that, to the fullest extent permitted by law, the Design Professional's total liability to the Client for any and all injuries, claims,
losses, expenses, damages or claim expenses arising out of this agreement from any cause or causes, shall not exceed S 10,000. Such causes include,
but are not limited to, the Design Professional's negligence, errors, omissions, strict liability, breach of contract or breach of\\.arranty.
Termination of Services:
This agreement may be terminated by the Client or the Design Professional should the other fail to perform its obligations thereunder. In the event of
termination, the Client shall pay the Design Professional for all services rendered to the date of termination., all reimbursable expenses, and
reimbursable tennination expenses.
Ownership of Documents:
All documents produced by the Design Professional under this agreement shall remain the property of the Design Professional and may not be used by
the Client for any other endeavor without the written consent of the Design Professional.
Sub-consultant
Sub<onsultant contracts will be administered at a cost of 15% of the sub- consultant contract fee.
Attorney Fees
Should litigation arise related to services under this Agreement, the prevailing party is entitled 10 recover reasonable costs including statftime, court
costs, attorney fees and related expenses.
Project Drlays
The client recognizes and agrees that various factors outside of the control of Design Professional can delay the performance of the work, the issuance
ofpennits and licenses, and the overall construction of the project. The Client agrees that it shall not be entitled to any claim for damages on aixount
delays from any cause whatsoever including, but not limited to: the production of contract documents; issuance of pennits from any governmen! or
agency; beginning or completion of construction; or performance of any phase of the work pursuant to this Agreemcnt. Permitting is a regulatory
function and the Design Professional does not guarantee issuance of any pennit. AGENDA ITEM
No. /(. A 10
SEP 2 5 2001
Pg.
/0
-
"RWrA~-
CIVU~ I!NGlNm:m.s
A. '" y y..L ....
Rate Code and Fee Schedule
Effictive January 1, 2001
R\VA INC.
100
101
102
103
104
105
106
107
PROFESSIONAL CONSULTANT
Consultant I
Consultant II
Consultant m
Consultant N
Consultant V
Consultant VI
Consultant VII
110
III
Il2
113
114
115
116
TECHNICAL SUPPORT
Technician I
Technician II
Technician ill
Technician N
Technician V
Technician VI
120
121
122
123
124
125
ADMINISTRATIVE SUPPORT
Administrative Assistant I
Administrative Assistant II
Administrative Assistant ill
Secretary I
Secretary II
130
131
132
133
134
135
136
137
138
SURVEY FIELD CREWS
Field Crew I
Field Crew II
Field Crew III
Field Crew N
Field Crew I
Field Crew II
Field Crew III
Field Crew IV
600
601
602
603
604
605
606
607
620
EXPENSE ITEMS
( 2 Person)
( 2 Person)
( 2 Person)
( 2 Person )
( 3 Person)
( 3 Person)
( 3 Person)
( 3 Person)
Vehicle Travel
Letter or Legal Copies
24"x36" Mylar Plot
24"x36" Vellum Plot
24"x36" Paper Plot
Black and White Graphics (24" x 36")
Color Graphics (24" x 36")
Concrete Monuments
$ 60 / HR
$ 70/ HR
$ 80/ HR
$ 90/ HR
$100/ HR
$110/ HR
$]25/ HR
$ 45 / HR
$ 55/ HR
$ 65 / HR
$ 75 / HR
$ 85 / HR
$ 95/ HR
$ 45 / HR
$ 50 / HR
$ 55/ HR
$ 35 / HR
$ 40 / HR
$ 70/ HR
$ 80 / HR
$ 90 / HR
$100/ HR
$ 80 / HR
$ 90 / HR
$]00/ HR
$115/HR
$ .37/MI
$ .15 / EA
$ 8.50 / EA
$ 6.50 lEA
$ 4.50 I EA
$ 8.50/ SF
$ 10.00 I SF
$ 15.00 I E
\'Admin~ser\'er.Ol\Admin\Admlnistrafion\RW A Inc\00-0005 General Office\RWA Con0'3ct Forms\St.lJldard Rate Codes for 2001 doc
AGENDA ITE)1. 0
No. /b )
SEP 2 5 2001
Pg.
/1
EXECUTIVE SUMMARY
AMENDMENT THE 2001 TOURISM AGREEMENT BETWEEN COLLIER COUNTY
AND THE TOURISM ALLIANCE OF COLLIER COUNTY REGARDING
ADVERTISING/PROMOTION AND SPECIAL EVENTS.
OBJECTIVE: To have the Board of County Commissioners accept the amended 2001
Tourism Agreement between Collier County and the Tourism Alliance of Collier County.
CONSIDERATIONS: On April 9, 2001, the Tourist Development Council by a vote of
7-0 recommended to increase the Tourism Alliance Budget for the creation of two
brochures.
The first brochure would be for the Collier County Emergency Management Department.
This brochure would be used to direct tourists from neighboring counties when disaster is
headed in their direction. The cost associated with this brochure \vas 522,000.00.
.-
The second brochure is for a program the Sheriffs Department will be heading up. It is
the Tourist Assistance Program (TAP). This brochure will direct tourists on what to do if a
situation arises where their luggage is stolen, wallet is lost or stolen or a family member is
in an accident. This program will make a bad situation a little bit better. This brochure
will be an inter-local agreement with Collier County Government and the Sheriffs Office,
Also, the Finance Department has instructed staff that a detailed Exhibit "A" is required to
accompany the existing Tourism Agreement for audit purposes of the Tourist Tax dollars,
FISCAL IMPACT: Funds in the amount of530,000 are available in the Tourist
Development Tax Fund 194.
RECOMMENDATIONS: That the Board of County Commissioners accept the amended
Tourism Agreement and authorizing the budget amendment and authorize the Chainmm to
sign the 2001 amended agreement for funding.
-
1-J1~l) )
Date
//g,CJ/
Date .
q/~fl
~ AGENDA ITEM
j No____L~g_L\_
L' SEP 2 5 2001.
""_'._'__'_' pg'r~-!
FffiST AMENDMENT TO THE 2001 TOURISl\tI AGREEl\tIENT
BETIVEEN COLLIER COUNTY AND THE TOURIS.M
ALLIANCE OF COLLIER COUNTY REGARDING
ADVERTISING/PROMOTION AND SPECIAL EVENTS
TIllS AGREEl\1ENT, is made and entered into this _ day of ,2001, by
and between Tourism Alliance of Collier County, a Florida corporation, hereinafter referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY"
WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred
to as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, the Plan provides that certain of the revenues generated by the Tourist
Development Tax are to be allocated for the promotion and advertising of Collier County
nationally and internationally and for the promotion and advertising of activities or events
intended to bring tourists to Collier County and special events; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council (TDC) and
the County to use Tourist Development Tax funds for advertising/promotion of Collier County
nationally and internationally and special events; and
'WHEREAS, the COUNTY desires to fund the proposed advertising/promotion and
special events pursuant to this Agreement.
NOW, THEREFORE, BASED UPON THE rvruTUAL COVENANTS Al'-JD
PREwIISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS
wfUTUALL Y AGREED AS FOLLO\VS:
1. SCOPE OF WORK: In accordance with the Budget attached as Exhibit II A, " the
GRANTEE shall provide the advertising/promotion of Collier County and special events that
qualify under the Tourism Alliance Special Event Application.
2. PAYMENT: The amount to be paid under this Agreement shall be for FYO 1 in
the amount of: One Million Four Hundred Forty Eight Thousand Dollars ($1,448,000.00). The
GRAt'l"TEE shall be paid in accordance with fiscal procedures of the County for expenditures
incurred for the promotion and advertising expenses as described in Section 1 upon submittal of
an invoice and upon verification that the services described in the invoice are completed or that
d h b . d AGENDA ITEM
goo save een receive . No, /t..1l r l
SEP 2 5 200J
Pg, O?
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Manager or his designee, 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,
Each invoice submitted by GRAt'JTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt of
goods or performance of the services invoiced. GRANTEE shall certifY in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments. The COUNTY shall not pay GRANTEE until
the Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law,
GRANTEE shall be paid for its actual cost not to exceed the total amount for various line
items and up to the maximum amount budgeted pursuant to the Attached "Exhibit A." The
amounts applicable to the various line items of Exhibit "A," subject to the maximum total amount,
may be increased or decreased by up to ten percent (10%) at the discretion of GRANTEE.
Adjustment in excess of ten percent (10%) of any line item must be authorized by the County
Manager or his designee.
3. ELIGIBLE EXPENDITURES Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written request
to repay said funds. COUNTY may request repayment of funds for a period of up to one year
after termination of this Agreement or any extension or renewal thereof
4, INSURANCE: GRANTEE is required to submit a Certificate ofInsurance naming
Collier County, and its Board of County Commissioners and the Tourist Development Council as
additionally insured. The certificate must be valid for the duration of tllis Agreement, and be
issued by a company licensed in the State of Florida, and provide General Liability Insurance for
I h th ~ II AGENDA ITEM
no ess t an e 10 owing amounts: No. /I../l \,
BODIL Y INJURY LIABILITY $300,000 each claim per person
PROPERTY DAiv[AGE LIABILITY $300,000 each claim per person
2
SEP 2 5 2001
Pg.
,3
PERSONAL INJURY LIABILITY $300,000 each claim per person
WORKER'S COl\1PENSATION AND El\1PLOYER'S LIABILITY-Statutory
The Certificate of Insurance must be delivered to the County Manager or his designee within ten
days of execution of this Agreement by the COUNTY. The GRANTEE shall not commence
promotional and advertising activities which are to be funded pursuant to this Agreement until the
Certificate oflnsurance has been received by the COUNTY.
5. MONTHL Y REPORTS: GRANTEE shall provide to County monthly reports on
the duties performed and service provided by GRANTEE, its vendors or subcontractors, pursuant
to this Agreement. The report shall identify the amount spent during the preceding 30 days and
the duties performed, and the services provided and goods delivered during said period.
GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all
vendors and subcontractors,
6, CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of subcontractors or
vendors. GRANTEE agrees to disclose any relationship between GRAt'l"TEE and the subcon-
tractors or vendors, including, but not limited to, similar or related employees, agents, officers,
directors and/or shareholders. COUNTY may, in its discretion, object to the reasonableness of
expenditures and require repayment if invoices have been paid under this Agreement for
unreasonable expenditures. The reasonableness of the expenditures shall be based on industry
standards.
7.
INDElYINIFICA TION:
The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against the COUNTY by any employee of the named
GRAJ.'l"TEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them. The GRAt'l"TEE's obligation under this provision shall not be
limited in any way by the agreed upon Agreement price as shown in this Agreement or the
GRAJ.'l"TEE's limit of, or lack of, sufficient insurance protection. NAGEN~A ITEM
0, Co I) ! t
3
SEP 2 5 200J
Pg. t/-
8. NOTICES: All notices from the COUNTY to the GRANTEE shall be in writing
and deemed duly served if mailed by registered or certified mail to the GRANTEE at the
following address:
Tourism Alliance ofCoIIier County
George Percel
5395 Park Central Court
Naples, Florida 34109
All notices from the GRANTEE to the COUNTY shall be in writing and deemed duly served if
mailed by registered or certified mail to the COUNTY to:
Jane E, Eichhorn
TDC Coordinator
3050 N, Horseshoe Drive, Suite 145
Naples, Florida 34104
The GRANTEE and the COUNTY may change the above mailing address at any time
upon giving the other party written notification pursuant to this Section.
9, NO PARTNERSIDP: Nothing herein contained shall be construed as creating a
partnership between the COUNTY and the GRAt'J"TEE, or its vendor or subcontractor, or to
constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the
COUNTY.
10.
TERlVIINATION: The COUNTY or the GRAt'J"TEE 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 the COUNTY terminates this
Agreement, the COUNTY will pay the GRAt'J"TEE for all expenditures incurred, or contractual
obligations incurred with subcontractors and vendors, by GRAJ.'J"TEE up to the effective date of
the termination so long as such expenses are eligible. Provided, however, or if GRANTEE fails to
hold the event or activity, GRANTEE shall pay to COUNTY all funds expended by COUNTY
pursuant to this Agreement, unless the Board of County Commissioners detennines that the
completed promotion and advertising of the event or activity were sufficient to justify the use of
tourist development tax funds.
11. GENERAL ACCOUNTING: GRAt'J"TEE is required to mai
AGENDA ITEM I 1 1
No. I (, fl
tain complete and
ou~PA1l ~~J
.:J
Pg.
accurate accounting records and keep tourism funds in a separate checking a
-1-
related to the Agreement should be recorded, and all expenditures must be incurred within the
term of this Agreement.
12. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books,
documents, papers and financial information pertaining to work performed under this Agreement.
GRANTEE agrees that the COUNTY, or any of its duly authorized representatives, shall, until
the expiration of three (3) years after final payment under this Agreement, have access to, and the
right to examine and photocopy any pertinent books, documents, papers, and records of
GRANTEE involving transactions related to this Agreement.
13. PROHIBITION OF ASSIGNMENT: GRANTEE shall not assign, convey, or
transfer in whole or in part its interest in this Agreement without the prior written consent of the
COUNTY.
14, TER.J.\.1: This Agreement shall become effective on October 1, 2000 and shall
terminate on September 30, 2001, Any funds not used by GRANTEE during the term of this
Agreement and any extension thereto shall be available for future applicants.
15, AVAILABILITY OF FUNDS: This Agreement is subject to budget and
collection of tourist development tax funds.
16. EVALUATION OF TOURISM IMPACT: If advertising and promotion:
GRANTEE shall monitor and evaluate the tourism impact of GRANTEE's activities, explaining
how the tourism impact was evaluated and shall provide a written report to the County Manager
or his designee within sixty (60) days of the expiration of this Agreement. If an event:
GRAL'J"TEE shall monitor and evaluate the event identifying the success or failure of the event,
explaining how the success and quality were evaluated, report overall attendance including
resident/non-resident attendance and how attendance information was ascertained. GRANTEE
shall provide a written report to the County Administrator or his designee within sixty (60) days
of the date of the event.
17, REQUIRED NOTATION: All promotional literature and media advertising
must prominently list Collier County as one of the sponsors.
18. fuvIENDMENTS: This Agreement may only be amended by mutual agreement
of the parties and after recommendation by the Tourist Development Council.
AGENDA ITEM \
No. It. A !
5
SE? 2 5 2001
Pg. 0
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
written.
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
JAMES D, CARTER, PhD, Chairman
(1) P f\~
]), '~I-\ ILL LVS ,
PrintedITyped Name
GRANTEE
TOURISM ALLIANCE OF COLLIER COUNTY, INC
WITNESSES:
/
//---~~/ ."",--;;:'"
,,/ /. ---~V/-
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'f} Intre('-e-
PrintedITyped Name
By ~~
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G t;7J/!!,~E ~. ;kea e- L-
Printed/Typed Name ' .
6; IJJ J? /W t9;t/
PrintedTyped Title
AGENDA ITEM \
No. I C. if ,
SEP 2 5 2001
6
Pg.
TOURISl\tI ALLIANCE OF COLLIER COUNTY
AMENDED EXHIBIT" A"
FISCAL YEAR 2001
Advertising: ~865.000.00
Advertising includes all print, broadcast and Internet advertising, media relations,
placement, and production.
Amending budget to include
Emergency Management Brochure:
Tourist Assistance Program Brochure
.$ 22,000.00
$ 8,000,00
Public Relations: ,$180,000.00
Public Relations includes all professional public relations time, events, F AMs and
expenses.
Includes but not limited to
Kelley, Swofford, Roy, Inc.
Travel Industry Liaison: $ 40,000.00
Travel Industry liaison includes all travel related activities to trade shows, special
events, professional conferences, trade convention, travel agent FAMs and travel.
Includes but not limited to
Four Trade Shows
Distribution of Promotional Material, [fulfillment]: .$160,000.00
Fulfillment includes all 800# and Internet requests for information as well as market
research.
Includes but not limited to
Phase V - Fulfillment
Evan - Klages, Inc.
$ 120,000.00
$ 40,000.00
Administration: $195,000.00
Administration includes all accounting, insurance and administration professional time
and expenses,
Includes but not limited to
Accounting:
Prutos Public Relations, Inc.:
Insurance:
Miscellaneous Expenses:
Tamara Lee Marketing
Ellen Papa
Total:
$ 38,000,00
$108,000.00
$ 12,000.00
$ 27,000.00
$ 10,000,00
AGENOA ITEM \
No. Jr.11: I
SEP 2 5 2001
Pg. 5? J
$1,440,000.00
EXECUTIVE SUMMARY
".-.,
APPROVE BID #01-3258, uVANDERBILT DRIVE BEAUTIFICATION GROUNDS
MAINTENANCE."
OBJECTIVE: To obtain Board approval for the award of Bid #01-3258 for the Vanderbilt Drive
Beautification Roadway Grounds Maintenance to Commercial Land Maintenance, Inc.
CONSIDERATIONS:
1. On July 10, 2001, the Purchasing Department sent notices to 51 vendors for grounds
maintenance of the Vanderbilt Drive Beautification roadway.
2. On July 19, 2001, a non-mandatory pre-bid meeting was held.
3, On July 27,2001, four (4) bids were opened. Staff reviewed the unit pricing on the bid tab, and
Advanced Lawn & Landscaping Service Inc. submitted the lowest bid, Since the bid opening,
Advanced Lawn & Landscaping Service Inc, has met with staff to further review the contract
requirements, Both parties have mutually agreed that the offer from Advanced Lawn does not
cover the scope of services required, The bidder has subsequently formally withdrawn their
offer. Accordingly, Staff recommends that the bid be awarded to Commercial Land
Maintenance, Inc.
.-..
4. Staff recommends award of this bid to Commercial Land Maintenance, Inc, as the second
lowest, most qualified, and responsive bidder, due to Advanced Lawn & Landscaping Service,
Inc., submission of their letter of non-interest.
~ FISCAL IMPACT: Funds in the amount of $43,755.25 are budgeted in the General MSTD Fund
\~ 111 in Fiscal Year 2001-2002. These funds are to be repaid back to the General MSTD Fund 111
by the Vanderbilt Drive Beautification Municipal Services Taxing Unit (MSTU), once .the MSTU
funds are available,
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
-
RECOMMENDATION: That the Board award Bid #01-3258 to Commercial Land Maintenance,
Inc, for the Vanderbilt Drive Beautification Grounds Maintenance and authorize the Chairman to
execute the standar nt~act~ re~ie~ ~he County Attorney's Of~ce. _
PREPARED BY: ,f7if~,t~ DATE: 7;'-12. -u/
Bo~f1etersen, Engineer II, Landscape Operations
J/ /J. _____ . ) \
REVIEWED BY: h (,'~c..--1' .. DATE:
~j, ~liCh'/b. 1La ape Opera ions Man,a~er I
REVIEWED BY: h(-fILIlu/A1 DATE: ~'//~../.. i
Edward J, K ~-, ransportation Operations Director!
~ 'dt / I {;J,Atfl DATE: c.( (\ 1.. v
5U;; arn. ,Purchasing Director I NO~~~~
REVIEWED BY: e.U1L DATE: '1,1'11"
No(man E. F~der, AICP, Transportation Administrator .)EP 2 5 2001
/
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REVIEWED BY:
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EXECUTIVE SUMMARY
APPROVE BID #01-3270, "SR 90 - US 41 TAMIAMI TRAIL EAST STREETSCAPE
BEAUTIFICATION, PHASE B."
OBJECTIVE: To obtain Board approval for the award of Bid #01-3270 for SR 90 - US 41 Tamiami
Trail East Streetscape Beautification, Phase B to Evans Holdings, LLC, dba Landscape Florida.
CONSIDERATIONS:
1. On July 24, 2001, the Purchasing Department sent notices to 101 vendors for landscaping and
irrigation installation of SR 90 - US 41 Tamiami Trail East Streetscape Beautification, Phase B.
2. On August 7,2001, a non-mandatory pre-bid meeting was held.
3. On August 24, 2001, four (4) bids were opened. Staff reviewed the unit pricing on the bid tab,
and Evans Holdings, LLC, dba Landscape Florida submitted the lowest bid.
4. Staff recommends award of this bid to Evans Holdings, LLC, dba Landscape Florida as the
lowest, most qualified, and responsive bidder.
--
~"rFISCAL IMPACT: Funds in the amount of $696,427.03 are budgeted in the General MSTD Fund
\J 111 in Fiscal Year 2001.
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
RECOMMENDATION: That the Board award Bid #01-3258 to Evans Holdings, LLC, dba
Landscape Florida for SR 90 - US 41 Tamiami Trail East Streetscape Beautification, Phase Band
authorize the Chairman to execute the standard contract after review by the County Attorney's
Office. 0.
PREPARED BY: ~r~?~ DATE: 9~/Y/-o/
Bob Petersen, Engineer II, Landscape Op~rations
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
--
N:~tC~~
SEP 2 5 2001
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EXECUTIVE SUMMARY
APPROVAL OF CONTRACT NO. C-12261 WITH THE SOUTH FLORIDA WATER
MANAGEMENT DISTRICT (SFWMD) FOR COST SHARING TO OBTAIN
TOPOGRAPHIC AERIAL MAPPING IN THE BELLE MEADE BASIN AREA
(pROJECT NO. 31012)
OBJECTIVE: To obtain Board of County Commissioner approval, and authorization of the
Stormwater Management Director to sign for the Board, of an existing Contract with the South
Florida Water Management District(SFWMD) for cost sharing to obtain aerial topographic
mapping in the Belle Meade agricultural region of Collier County,
CONSIDERATIONS: In Fiscal Year 1998/1999, the Board approved funding in the
Stormwater Management Department's capital budget for the start of the development of a
Stormwater Master Plan for the Belle Meade Agricultural Area, The first step in developing a
Master Plan is typically to obtain detailed aerial topographic mapping, Discussions between the
Stormwater Management Director and the Big Cypress Basin Administrator led to the
.- . development of an understanding of what the scope and cost of the project would be. It was
agreed that SFWMD would be the prime contracting agency for this project and Collier County
would piggyback for a portion of the overall mapping project. Later, in June 1999, Purchase
Order No, 916395 was issued to the Big Cypress Basin! SFWMD based upon the understanding
that the item was specifically budgeted by the Board, As the work was finalizing, it was
discovered that no actual Contract had been formalized between the County and the Big Cypress
Basin, which is a subdivision of the SFWMD. Therefore, in July 2001, SFWMD Contract No,
C-12261 was signed by both the Collier County Stormwater Management Director and the
SFWMD Procurement Director. It now appears that it is also necessary to specifically have the
approval of the Board and to obtain Board's authorization for the Stormwater Management
Director to sign for the Board,
~ISCAL IMPACT: The amount of the Contract is $135,000 which has been previously
\ budgeted and encumbered by a June 1999 Purchase Order in the Stormwater Management CIP
fund, The source of funding is ad valorem taxes,
GROWTH MANAGEMENT IMPACT: The development of a Belle Meade Master Plan is
one of the projects identified as a CIP and therefore is in accordance with the Growth
Management Plan,
~~~~
SEP 2 5 2001
Pg. \
-
Executive Summary
Belle Meade Aerial Mapping SFWMD Contract No. C-12261
Page 2
RECOMMENDATION: That the Board approve Contract No. C-12261 with the South Florida
Water Management District for aerial topographic mapping in the Belle Meade Agricultural Area
and authorize the Stormwater Management Director to sign for the Board.
SUBMIITED BY: ;;1'~ ~
Robert C, Wiley ,E., Project Manager
Stormwater Management Department
Date: 9- 7-01
REVIEWED BY:
'!~
\ ";':' ,! I .1 /),
" ''^"--, ' .
JoJ. Bol t, P.E., P.S.M.
Storm water Management Director
,II ~
~"
1" WL
Norman Feder, AICP
Transportation Division Administrator
Date: l' - 7 - 0 (
APPROVED BY:
Date:
~M~I
f /
Doc: mts-F-drive-: capital projects - belle meade
.-
No~~~
SEP 2 5 2001
1-
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,
.~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
Hourseshoe Square, Suite 212
2685 Horseshoe Dr,
Naples, FL 34104
Project Manager: John Boldt
Telephone No: (941) 732-2501
Fax No: (941) 732- 2526
Hereinafter referred to as: COUNTY
PROJECT TITLE: AERIAL TOPOGRAPffiC MAPPING IN BELLE MEADE
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO TIllS AGREEMENT WITH:
Name: COLLIER COUNTY STORMW ATER
MANAGEMENT
Address:
This number must appear on all Invoices and Correspondence
C-12261
MlWBEGoal: 0%
COST SHARING INFORMATION
Total Project Cost: $ 135,000.00
COUNTY Contribution: $ 135,000.00
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable
Exhibit "B" - General Terms and Conditions
Exhibit "C" - Statement of Work
Exhibit "D" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "P" - Not Applicable
Exhibit "G" - Not A licable
o:o.qTAL DISTRICT CONSIDERATION: $0.00
iti- Year Funding (If Applicable)
Fiscal Year:
Fiscal Year:
Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: Six Months
District Project Manager: Ananta Nath
Telephone No: (941) 597-1505
Fax No. (941) 597-4987
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Rorida Water Management District
3301 Gun Club Road
West Palm Beach, Rorida 33406
Attention: Procurement Division
Exhibit "H"
Exhibit "I"
Exhibit "]"
Exhibit "K"
Exhibit "L"
Exhibit "M"
- Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
Not Applicable
AGREEMENT TYPE: Firm Fixed Price
Fiscal Year:
Fiscal Year:
Fiscal Year:
EFFECTIVE DA TE: Last Date of Execution b the Parties
District Contract Administrator:
Gabriel Ocasio-Davila (561) 682-2181
Fax No.: (561) 682-6397 or (561) 681-6275
SUBMIT NOTICES TO THE COUNTY AT:
COLLIER COUNTY STORMW A TER MANAGEMENT
Hourseshoe Square. Suite 212
2685 Horseshoe Dr.
Naples. FL 34104
Attention: John Boldt
IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date. and accepts all Terms and.
Conditions under which it is issued.
COLLIER COUNTY STORMW A TER MANAGEMENT
Accepted By:
Title:
~~~
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
"
ARTICLE 1 . STATEMENT OF WORK
1.1 The 'COUNTY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described in the "Statement of Work," attached hereto
as Exhibit "C" and made a part of this AGREEMENT.
1,2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the COUNTY
shall substantiate, in whatever forum reasonably
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes, The
COUNTY shall also be required to substantiate any
and all work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
final work product required by the AGREEMENT,
This paragraph shall survive the expiration or
termination of this AGREEMENT,
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT,
ARTICLE 2 . COMPENSATION/
CONSIDERATION
2,1 The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT
shall not exceed the amount as indicated on Page 1 of
this AGREEMENT, Such amount includes all
expenses which the COUNTY may incur and
therefore no additional consideration shall be
authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the multi-year funding
allocations for each DISTRICT fiscal year indicated
on Page 1 of this AGREEMENT. Funding for each
applicable flScal year of this AGREEMENT is subject
to DISTRICT Governing Board budgetary
appropriation, In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this
AGREEMENT shall terminate upon expenditure of
the current funding, notwithstanding other provisions in
" -.
this AGREEMENT to the contrary, The DISTRICT
will notify the COUNTY in writing after the adoption
of the final DISTRICT budget for each subsequent
fiscal year if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to the Statement
of Work, Exhibit "C", By providing funding
hereunder, the DISTRICT does not make any
warranty, guaranty, or any representation whatsoever
regarding the correctness, accuracy, or reliability of any
of the work performed hereunder.
2.4 The COUNTY by executing this
AGREEMENT, certifies to truth-in-negotiation.
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete,
and current at the time of contracting. The COUNTY
agrees that the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
significant sums by which the consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and other factual unit costs. The
DISTRICT shall make any such adjustment within one
(1) year following the expiration or termination of this
AGREEMENT,
ARTICLE 3 . INVOICING AND PAYMENT
3.1 The COUNTY's invoices shall reference the
DISTRICT's Contract Number and shall be sent to the
DISTRICT's address specified on Page I of this
AGREEMENT, The COUNTY shall not submit
invoices to any other address at the DISTRICT,
3,2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliyerable
Schedule, attached hereto as Exhibit "D" and made a
part of this AGREEMENT, In the event the
schedule does not specify payment on a completion of
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budget, including but not limited to, copies
of approved timesheets, paymen hers ex ense
reports, receipts and subcontracto
in~~~~
SEP 2 5 200t
Page I of9, Exhibit "B"
Contract File:\C unty.doc 06 1/01
Pg,
-.~~
~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlllBIT "B"
GENERAL TERMS AND CONDITIONS
3,3 The DISTRICT shall pay the full amount of the
invoice within thirty (30) days following DISTRICT
acceptance of services and/or deliverable(s) required
by this AGREEMENT, However, failme by the
COUNTY to follow rl e foregoing instructions and
submit acceptable services and or deliverables(s) may
result in an unavoidable delay of payment by the
DISTRICT,
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT,
ARTICLE 4 - PROJECT MANAGEl\ffiNTI
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on Page 1 of the AGREEMENT for attempted
resolution or action, The Project Managers shall be
responsible for overall coordination and oversight
relating to the performance of this AGREEMENT,
The COUNTY shall direct all administrative matters,
including invoices and notices, to the attention of the
DISTRICT's Contract Administrator specified on
Page 1 of the AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified mail, return receipt
requested, to the respective addresses specified on Page
1 of the AGREEMENT, The COUNTY shall also
provide a copy of all notices to the DISTRICT's
Project Manager, All notices required by this
AGREEMENT shall be considered delivered upon
receipt, Should either party change its address, written
notice of such new address shall promptly be sent to the
other party.
All correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on Page I of the
AGREEMENT,
ARTICLE 5 - INSURANCE
5,1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COUNTY and the officers, employees, servants, and
agents thereof. The COUNTY 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
COUNTY's officers, employees, servants and agents
while acting within the scope of their employment
during performance under this AGREEMENT. The
COUNTY and the DISTRICT 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,
5.2 In the event the COUNTY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as
required by the COUNTY. Any contract awarded by
the COUNTY for work under this AGREEMENT
shall include a provision whereby the COUNTY's
subcontractor agrees to defend, indemnify, and pay
on behalf, save and hold the DISTRICT harmless
from all damages arising in connection with the
COUNTY's subcontract.
ARTICLE 6 . TERMINATIONIREMEDIES-
6,1 If either party fails to fulfill its obligations under
this AGREEMENT in a timely and proper manner, the
other party shall have the right to tenninate this
AGREEMENT by giving written notice of any
deficiency, The party in default shall then have ten
(10) calendar days from receipt of notice to correct the
deficiency. If the defaulting party fails to correct the
deficiency within this time, the '
AGE
No.
Page 2 of9, Exhibit "B"
Contract File:\
SEP 2 5 2001
ounty,doc 06/21/01
Pg ~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXIllBIT "B"
GENERAL TERMS AND CONDITIONS
shall have the option to terminate this AGREEMENT
at the expiration of the ten (10) day time period,
Should the DISTRICT elect to terminate for default in
accordance with this provision, the DISTRICT shall
be entitled to recover reprocurement costs, in addition
to all other remedies under law and/or quity,
6,2 The DISTRICT may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The performance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part, whenever the
DISTRICT shall determine that such termination is in
the best interest of the DISTRICT, Any such
termination shaH be effected by delivery to the
COUNTY of a Notice of Termination specifying the
extent to which performance of work under the
AGREEMENT is terminated, and the date upon which
such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of termination in accordance with
Exhibit "C", Statement of Work. The DISTRICT shall
be relieved of any and all future obligations hereunder.
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the
DISTRICT determines the exact amount due to the
COUNTY.
6,3 If either party initiates legal action, including
appeals. to enforce this AGREEMENT, the prevailing
party shall be entitled to recover a reasonable attorney's
fee, based upon the fair market value of the services
provided.
6.4 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shaH have the option to submit to non-binding
mediation. The mediator or mediators shall be
impartial, shaIl be selected by the parties. and the cost
of the mediation shall be borne equaHy by the parties.
The mediation process shall be confidential to the
extent permitted by law,
6,5 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board. a condition of
immediate danger to DISTRICT employees. or the
possibility of damage to equipment or property. This
provision shall not shift responsibility for loss or
damage, including but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the COUNTY to the DISTRICT, If this
provision is invoked, the DISTRICT shaH notify the
COUNTY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitrary or capricious, The COUNTY shall then
be obligated to suspend all work efforts as of the
effective date of the notice and until further written
direction from the DISTRICT is received, Upon
resumption of work, if deemed appropriate by the
DISTRICT, the DISTRICT shall initiate an
amendment to this AGREEMENT to reflect any
changes to Exhibit "C", Statement of Work andlor the
project schedule.
6,6 The DISTRICT anticipates a total project cost
as indicated on Page I, with the balance of matching
funds and/or in-kind services to be obtained from the
COUNTY in the amount as specified on Page 1 of this
AGREEMENT, In the event such COUNTY
matching funding and/or in-kind services becomes
unavailable. that shall be good and sufficient cause for
the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6,2 above.
~
ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
7,1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
foHows:
A. Maintenance of Records: The COUNTY
shall maintain aH financial and non-financial records
Contract File:\
NO~tt'~~
unty.~&P cl~I~01
~
Page 3 of9. Exhibit "B"
-s
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
and reports directly or indirectly related to the
negotiation or perfonnance of this AGREEMENT
including supporting documentation for any service
rates, expenses, research or reports, Such records shall
be maintained and made available for inspection for a
period of five years from completing perfonnance md
receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted governmental
auditing standards all records directly or indirectly
related to this AGREEMENT, Such examination may
Pe made only within five years from the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place,
C, Extended Availability of Records for Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
final disposition of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
7,2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, research notes, scientific data, computer
programs, including the source and object code.
which are developed, created or otherwise originated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) andlor successor(s) as required by
the Exhibit "C", Statement of Work (the "Work"), In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all rights
it now has or may have in the Work (the "Grant"),
This Grant shall be self-operative upon execution by
the parties hereto, however the COUNTY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. The
COUNTY may not disclose. use, license or sell any
work developed, created, or otherwise originated
hereunder to any third party whatsoever, This
paragraph shall survive the termination or expiration
of this AGREEMENT,
7,3 The COUNTY represents and warrants that
proprietary software. if any, to be provided to the
DISTRICT by the COUNTY hereunder, as
specifically identified in Exhibit "C", Statement of
Work shall have been developed solely by or for the
COUNTY, or lawfully acquired under license from a
third party, including the right to sublicense such
software, The COUNTY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmit the software, The
COUNTY shall grant to the DISTRICT a perpetual.
non-transferable, non-exclusive right to use the
identified software without an additional fee, The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this CONTRACT
shall be returned and title transferred from the
COUNTY to the DISTRICT immediately upon
termination or expiration of this AGREEMENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination, Equipment is hereby
defined as any non-consumable items purchased by
the DISTRICT with a value equal to or greater than
$500,00 and with a normal expected life of one (1)
year or more, The COUNTY will maintain any such
equipment in good working condition while in its
possession and will return the equipment to the
DISTRICT in good condition, less normal wear and_
tear, The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
performance of this AGREEMENT, However the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond the COUNTY's
reasonable control. In the event of loss or damage,
the COUNTY shall notify the DISTRICT in writing
within five (5) working days of s ,,,h
NO~~~
SEP 2 5 2001
Page 4 of9, Exhibit "B"
Contract File:\{ bU~g',doc Oll1.101
..--.-----...->
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
7,5 The DISTRICT has acquired the right to use
certain software under license from third parties, For
purposes of this AGREEMENT, the DISTRICT
may permit the COUNTY access to certain third
party owned software on DISTRICT computer
systems, The COUNTY acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribute or disclose such software to any
third party, Use of or access to such software shall be
restricted to designated DISTRICT owned systems
or equipment. Removal of any copy of licensed
software is prohibited,
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8,1 The COUNTY, its employees, subcontractors
or assigns, shall comply with all applicable federal,
state, and local laws and regulations relating to the
performance of this AGREEMENT. The DISTRICT
undertakes no duty to ensure such compliance, but will
attempt to advise the COUNTY, upon request, as to
any such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT. The
COUNTY shall take all measures necessary to
effectuate these assurances.
8.3 The laws of the State of Horida shall govern all
aspects of this AGREEMENT, In the event it is
necessary for either party to initiate legal action
regarding this AGREEMENT, venue shall be in the
Fifteenth Judicial Circuit for claims under state law and
in the Southern District of Horida for any claims which
are justiciable in federal court,
8,4 The COUNlY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it. nor any of its suppliers, subcontractors, or
consultants who shall perfonn work which is intended
to benefit the DISTRICT is a convicted vendor or, if
the COUNTY or any affiliate of the COUNTY has
been convicted of a public entity crime, a period longer
than 36 months has passed since that person was placed
on the convicted vendor list. The COUNTY further
understands and accepts that this AGREEMENT shall
be either void by the DISTRICT or subject to
immediate termination by the DISTRICT, in the event
there is any misrepresentation or lack of compliance
vith the mandates of Section 287,133, Florida Statutes,
The DISTRICT, in the event of such termination,
shall not incur any liability to the COUNTY for any
work or materials furnished,
8.5 The COUNTY shall be responsible and liable
for the payment of all of its FICNSocial Security and
other applicable taxes resulting from this
AGREEMENT.
8.6 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the COUNTY, to solicit
or secure this AGREEMENT. Further the COUNTY
warrants that is has not paid or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting
from the awarding or making of this AGREEMENT.
For breach of this provision, the DISTRICT may
terminate this AGREEMENT without liability and, at
its discretion, deduct or otherwise recover the full
amount of such fee, commission, percentage, gift, or
other consideration.
8.7 The COUNTY shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Horida Statutes, Should the
COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8,7,1 Pursuant to Sections 119.07(3)(0), and
240,241 Horida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prohibits its disclosure and
which software' is a trade secret, as defined in
Sections 812,081(c), Horida Statutes is exempt from
the disclosure provisions of the Public Records law,
However, the parties hereto agree that if a request is
made of the DISTRICT, pursuant t 110
No~~J-
SEP 2 5 2001
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Page 5 of9, Exhibit "a"
Contract File:\County
-8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
Florida Statute, for public disclosure of proprietary
property being licensed to the COUNTY (Licensee)
hereunder, the DISTRICT shaH advise the
COUNTY (Licensee) of such request and, as
between the DISTRICT and the COUNTY
(Licensee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility to immediately seek
and obtain such injunctive or other relief from the
CoUrts and to immediately serve notice of the same
upon the Licensor to protect the Licensor's claimed
exemption under the Statute.
8,8 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
commencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation, If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
AGREEMENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary.
8,9 Pursuant to Section 216.347, F.S" the
COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the
Legislature, the judicial branch, or another state agency,
8.10 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency, The work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its COUNTY. Therefore, as the
DISTRICT'S COUNTY for this project, the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors and assigns
will refrain from acting adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to
take all reasonable measures necessary to effectuate
these assurances, In the event the COUNTY
determines it is unable to meet or promote the goals
and objectives of the project, it shall have the duty to
immediately notify the DISTRICT. Upon such
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT,
ARTICLE 9 - RELATIONSIDP BETWEEN
THE PARTIES
9,1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party,
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of
independent contractor between the parties and their
respective employees, agents, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services,
9.2 It is the intent and understanding of the Panies
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT, No person or entity
other than the COUNTY or the DISTRICT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third-party
beneficiary or otherwise.
9.3 The COUNTY shall not assign, delegate, or
otherwise transfer its rights and obligations as set forth
in this AGREEMENT without the prior. written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be void,
9.4 The COUNTY shall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety for any
AGREEMENT, debt, obligation, judgement, lien, or
any form of indebtedness,
9,5 The DISTRICT assumes 110 duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMEN
ARTICLE 10. M/WBE PART
Page 6 of9, Exhibit "B"
Pg.
9
Contract File:\County.doc 06/21/01
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlllBIT "B"
GENERAL TERMS AND CONDITIONS
10.1 The COUNTY hereby acknowledges that no
Minority and Women Business Enterprises (M/WBE)
participation goal has been established for this
AGREEMENT; however, both parties agree to
provide the other advance notice of competitive
contracts that may result from this AGREEMENT
along with timelines for public notice and award of
such contracts, In the event subsequent competitive
contract awards do result in M/WBE participation,
such participation shall be reported to the other party,
Both the COUNTY and the DISTRICT will ensure
compliance with the provisions of their respective
program, laws, ordinances and policies and will
support the other's initiatives to the extent allowed by
law.
ARTICLE 11 - YEAR 2000 COMPLIANCE
In the event that the COUNTY's performance, as
required by this AGREEMENT, involves the use
and/or delivery of a software, firmware and/or
hardware product of any kind, the following language
in this Article 11 shall apply:
11,1 COUNTY represents and warrants that the
software, firmware and/or hardware is designed to be
used prior to, during, and after the calendar year 2000
A.D., and that the software, firmware and/or
hardware will operate during each such time period
without error relating to date data, specifically
including any error relating to, or the product of, date
data which represents or references multiple
centuries,
11.2 Without limiting the generality of the
foregoing, COUNTY further represents and warrants:
1) that the software, firmware and/or hardware will
not abnormally end or provide invalid or incorrect
results of date data, specifically including date data
which represents or references multiple centuries; 2)
that the software, firmware and/or hardware has been
designed to ensure Year 2000 Compliance, including,
but not limited to, date data century recognition,
calculations which accommodate same century and
multiple century formulas and date values, and date
data interface values that reflect the century; and 3)
that the software, firmware and/or hardware includes
Year 2000 Compliance, For the purposes of this
AGREEMENT, Year 2000 Compliance also means
that the software, firmware and/or hardware will:
(i) manage and ; lanipulate data involving
dates and leap year calculations, including single
century formulas and multi-century fonnulas, and will
not cause an abnormally ending scenario within the
application or generate incorrect values or invalid
results involving such dates; and
(ii) provide that all date-related user interface
functionalities and data fields include the indication
of century,
11.3 Included as part of this Year 2000 Compliance
Warranty, COUNTY shall provide to the
DISTRICT, at no additional charge with, (i) fixes,
corrections and updates to the software, fmnware
and/or hardware that are necessary to ensure Year
2000 Compliance as defined herein, and (ii) advice,
consultation and assistance to use the software,
firmware and/or hardware and diagnose and correct
Year 2000 Compliance problems that may exist with
either the software, finnware and/or hardware, (iii)
and, if deemed necessary by the DISTRICT,
replacement software, finnware and/or hardware
which is compliant with this Year 2000 Compliance
Warranty.
11.4 If this AGREEMENT involves the purchase
and/or license and/or receipt of a software, fmnware
and/or hardware product of any kind previously
developed by the COUNTY or other third party, and
in the event fixes, corrections and updates of the
software are not technically feasible, the COUNTY
shall accept the return of the software, fmnware
and/or hardware if this Year 2000 Compliance
Warranty is breached, and terminate any and - all '-
applicable Schedules and/or License Agreements,
Further, the COUNTY shall refund to the
DISTRICT the full amount of the License Fee
actually paid to the COUNTY for the software; and,
in the case of hardware return, the COUNTY shall
refund to the DISTRICT the full amount of the
hardware actually paid to the COUNTY by the
DISTRICT, In addition to the
Page 7 of9, Exhibit "B"
Contract File:\County,
NO~~~~
SEP 2 5 2001
oc 06/21/010
Pg -
4)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT fiB"
GENERAL TERMS AND CONDITIONS
COUNTY shall refund to the DISTRICT all
maintenance fees paid by the DISTRICT, if any, for
on-going support, new software releases and product
updates, All such refunds shall be made to the
DISTRICT, Notwithstanding any other provision in
the AGREEMENT to the contrary, the DISTRICT
hereby reserves all rights to obtain all remedies to the
fullest extent of the law, without any limitation
whatsoever, as may be determined by a court of
competent jwisdiction (including damages and
equitable relief),
11.5 The term Year 2000 Compliance Warranty
shall mean, collectively, the warranties set fonh
herein, This Article 11, in its entirety, shall survive
the expiration or termination of this AGREEMENT.
ARTICLE 12 - GENERAL PROVISIONS
12,1 Notwithstanding any proVISIOns of this
AGREEMENT to the contrary, the parties shall not be
held liable for any failure or delay in the performance
of this AGREEMENT that arises from fires, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, force majeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties, Failure to
perform shall be excused dwing the continuance of
such circumstances, but this AGREEMENT shall
otherwise remain in effect. This provision shall not
apply if the "Statement of Work" of this
AGREEMENT specifies that performance by
COUNTY is specifically required during the
occurrence of any of the events herein mentioned.
12,2 In the event any provISIOns of this
AGREEMENT shall conflict, or appear to conflict,
the AGREEMENT, including all exhibits, attachments
and all documents specifically incorporated by
reference, shall be interpreted as a whole to resolve any
inconsistency.
12.3 Failures or waivers to InsIst on strict
performance of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors
and assigns shall not be deemed a waiver of any of its
rights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in
accordance with the tenns of this AGREEMENT, No
waiver shall be effective unless in writing and signed
by the party against whom enforcement is sought. Such
waiver shall be limited to provisions of this
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision,
No waiver shall constitute a continuing waiver unless
the writing states otherwise,
12,4 Should any term or provIsIon of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance dwing the term hereof, by force of any
statute, law, or ruling of any forum of competent
jwisdiction, such invalidity shall not affect any other
term or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
permitted by law.
12,5 This AGREEMENT may be amended only
with the written approval of the parties hereto.
12,6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to writing
and signed by an authorized DISTRICT
representative, This AGREEMENT shall inure to the
benefit of and shall be binding upon the parties, their '.-
respecti 'e assigns, and successors in interest.
ARTICLE 13..:. SAFETY REQUIREMENTS
13,1 The COUNTY shall require appropriate
personal protective equipment in all -J;' ",
there is exposure to hazardous cond iO~~~ ~~
SEP 2 5 2001
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Page 8 of9, Exhibit "B"
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
13,2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures, A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product used,
13.3 The COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
13,4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to its employees and
those of the DISTRICT on and about the site of
AGREEMENT performance.
13.5 The COUNTY shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees
in the recognition, avoidance, and prevention of
unsafe conditions and acts.
13.6 The COUNTY shall erect and maintain, as
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards,
13,7 The COU1\T'fY shall take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to:
13,7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
13,7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
13,7,3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work,
13.8 The COUNTY shall provide fIrst aid services
and medical care to its employees.
13,9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT,
13,10 Emergencies: In emergency affecting safety of
persons or property on or about the site or as a result
of the work; the COUNTY shall act, timely and with
due diligence, to prevent threatened damage, injury,
or loss,
13.11 Environmental: When the COUNTY,
COUNTY's subcontractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT, For accidental discharges or
releases onto the floor, air, ground, surface waters,
ground waters, it shall be the COUNTY's sole
responsibility to respond immediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements,
13.12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public andlor DISTRICT employees,
equipment, or property exist. This provision shall itot '.-
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and pr ~. nh~... .L
site.
No~E'W'tB~
SEP 2 5 200t
{?-
Page 9 of9, Exhibit "B"
Pg,
Contract File:\
EXIllBIT "C"
STATEMENT OF WORK
Cooperative Agreement with Collier County Storm water Management Department
For Aerial Topographic Mapping of Belle Meade
C-12261
1. INTRODUCTION
On December 3, 1998 the Big Cypress Basin Board authorized entering into a
cooperative funding agreement with Collier County to procure topographic data for
the Henderson CreeklBelle Meade/Golden Gate Canal watershed area by aerial
photogrammetric survey, The purpose of the project was to achieve the common goal
of the two agencies in acquiring topographic data needed for stormwater
management/environmental enhancement projects by optimizing the project area size
for getting a better price in aerial photogrammetric surveying, The total estimated
cost of the project was $335,000, of which the County's share was $135,000,
The Big Cypress Basin and County staff had proposed to streamline the agreement
process by a purchase order from the County to the District, instead of a formal
agreement. Accordingly, a purchase order was received from the County on June 1,
1999, to proceed with the project. The project has been completed under contract No,
C-10750, However, the County has now notified us that the payment for the project
to the District cannot be executed under the purchase order method. Due to the size
of the dollar amount ($135,000), it will require approval of the Board of County
Commissioners, and a formal agreement needs to be executed retroactively, to
facilitate the payment from County to the District.
2. SCOPE OF WORK
The contract for acquiring digital topographic data for the Henderson CreeklBeIle
Meade/Golden Gate Canal area by aerial photograrnmetric survey will be
administered by the District (C-10750), The County shall reimburse the District the
amount of $135,000 for its 40,3 percent share of mapping the project.
3. WORK BREAKDOWN STRUCTURE
The project to be mapped is a 70 square-mile area in the Henderson CreeklBelle
Meade/Golden Gate Canal watershed. A detailed work breakdown structure for
administering a contract through a reputable aerial photograrnmetric survey firm will
be developed in accordance with the SFWMD contract administration guidelines and
will be approved by the County staff,
County Responsibilities
~CWITEM
toNo, ~ l? J:r
SEP 2 5 2001
Pg,~
.
The County shall be responsible for the reimbursement of $ 135,00(
BCB/District for funding of this project.
Page 1 of2
· The County shall take part in the review of all deliverables,
· Upon execution of this agreement, the County shall name one person to act as a
reviewer for all deliverables,
· The County shall accept the contractor that is awarded the contract by
BCBlDistrict.
· Upon approval of each deliverable, the County shall reimburse the BCB/District
at a rate of 40.3 percent of the invoice amount.
· The County shall make reimbursement payment to the BCBlDistrict within 15
days upon receipt of invoice,
District Responsibilities
· BCBlDistrict shall supply to the County monthly updates regarding the status of
the mapping project.
· BCBlDistrict shall administer and manage the mapping project contract.
· BCBlDistrict shall provide notice of approval for payment of each invoice within
10 days of said approval and request payment/reimbursement for 40,3 percent of
invoice amount.
No~~\ft~_~
SEP 2 5 2001
Pg.
Page 2 of2
EXHIBIT "D"
1. DELIVERABLES
A detailed delivery and payment schedule will be developed as a part of the contract
administration of the aerial photogrammetry survey contract C-10750, This will
include:
1, Aerial photo 9"x 9" contract print and photo index,
2, Field notes and raw GPS observation.
3. Final control map and diagrams,
4, Aerotriangulation results.
5, Digital files of breaklines and planimetrics.
6, Digital contour maps,
7. Mosaics and arc info data,
As the above draft products are received from the contractor, the District will provide
copies to the County for review, Review comments will be incorporated into the final
products and one set of each final product will be provided to the County.
2. TIME SCHEDULE AND TIMEFRAMES
The time schedule for this agreement will be the same projectJdelivery schedule of
the aerial photogrammetry contract to be outlined in C-10750,
3. PAYMENT SCHEDULE
The COUNTY will pay the total agreement amount, 30 days after contract signature,
No~~~ ge~
SEP 2 5 2001
ls
'""'~
Page 1 of 1
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EXECUTIVE SUMMARY
REQUEST FOR SPEED LIMIT REDUCTION FROM THIRTY MILES PER HOUR (30 MPH) TO
TWENTY FIVE MILES PER HOUR (25 MPH) IN THE ORANGETREE SUBDIVISION,
OBJECTIVE: To gain Board approval of a Resolution for speed limit reduction in Orangetree bounded
by Immokalee Road (CR846) on the West and Oil Well Road (CR858) on the North.
CONSIDERATIONS: In response to concerns expressed by the neighborhood regarding traffic safety
issues, residents of Citrus Greens at Orangetree, (Attachment #1), are seeking a reduction of the posted
speed limit throughout the Orange tree subdivision (Attachment #2), from 30 MPH to 25 MPH. Orange
Grove Trail and Valencia Drive are functioning as cut through routes for vehicles avoiding the signal at
Immokalee Road and Oil Well Road.
Transportation Staff has determined that a lower speed limit of 25 MPH is necessary to address the safety
concerns and accident potential in this high-density, residential neighborhood. Additionally, the speed
limit reduction will assist the County Sheriffs Office in terms of enforcement capability.
Resolution 96-340 adopted on August 6, 1996, (Attachment #3) provides for a reduction of speed limits
based on Staffs recommendation, a citizens' petition, Board approval, and subject to availability of
adequate monetary and personnel resources,
The Citizens petition requirement under Resolution 96-340 has been received from the neighborhood,
"\'\\;, FISCAL IMPACT: The estimated cost of installing the necessary speed limit signs is $90.00. Funds are
\,~' available in the Transportation Services Fund (10 I) and will be paid out ofFY02,
GROWTH MANAGEMENT IMPACT: There are no Growth Management impacts to this proposed
limit change,
RECOMMENDATION: That the Board approve the speed limit reduction in Orangetree as sho\VTI in
the attachment, and authorize staff to erect the appropriate traffic control signs.
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
,>'........
/
Attachments: #1 HomeoWners Letter
#2 Area Map
#3 Resolution 96-340
DATE: 1//1/61
I {
DATE:1" If< (0 /
DATE: '00 ,:
DATE:#
Aq~N~ IT~M
No,~
SEP 2 5 2001
\
Pg,
.. CItrus Green~
-
. OT angetTee
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HomeowneT1s Assoclahon. Inc.
Phone. (941) 348-1154
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Mallmg Address: 1130 Grove DrIve. .Naples. Fl '341,29-/ C~;
Fax: (941) 353-7590
01 !:!!r; 2 S P'1 I: I 8
August 28, 2001
Mr, Gerald Morris
Project Manager
Collier County Transportation Department
2705 S, Horseshoe Drive
Naples, FL 34104
Dear Mr, Morris:
Enclosed please find the following:
Step A: of the NTMP procedure process
1, NTMP Project Application form
2, Petition Form - to reduce speed limit
3. Petition Form - to request traffic control devise testing
4. Copy Security Survey for Citrus Greens at Orange tree - conducted by Cpl. Lee Van
Gelder, Collier County Sheriffs Office - Crime Prevention Bureau.
As you can see by the results of our petitions, the homeowners of Citrus Greens are
concerned about the speeding and traffic problems we are having,
During the petition process, we were able to speak to the majority of our homeowners and
educate them on the problems we are having, as well as possible solutions as indicated in the
NTMP program, Many homeowners were given copies of this package for their review,
We would like the County to approve the speed limit reduction as soon as possible,
Step B: We request that the Transportation Department complete the traffic analysis, This is
the best time of the year for your staff to begin this process. The school year has begun and
the traffic from the Corkscrew Elementary and Middle Schools are apparent in our community,
Our community is committed to working with the County staff to schedule a neighborhood
workshop to form a Traffic Team, to discuss the results of the preliminary analysis and to
evaluate the problems and develop one or more suitable NTMP projects using various traffic
calming techniques,
No~jfF~ ITf(
SEP 2 5 2001
ATTACHMENT NO. ~
PAGE_ _OF
1
Pg,
Ol
Mr, Gerald Morris
August 28, 2001
Page Two
The enclosed item #4 is a Security Survey we requested from the Collier County Sheriff's
Crime Prevention Bureau. In this report you will see that our community does not have adequate
street lighting. With this report is a colored map showing where additional lighting should be
installed to maintain proper illumination levels throughout the community,
The Association is taking this opportunity to request that the Collier County Transportation
Department approve the additional lighting and have the lights installed as soon as possible,
Cindy Goodwin, Association Treasurer, is heading up this project. She will be your main
contact. If you cannot contact Cindy, please feel free to call any of our Board members or our
Association's Bookkeeper. All names and phone numbers are as follows:
Dav phone number
Cindy Goodwin
Kim Chapin
Linda Hetrick -
Michelle Hondzinski
Tom O'Grady
250-3227 - Treasurer
348-1154 - Bookkeeper
262-8006 - President
353-4244 - Vice President
353 -406 7 - Secretary
Thank you for accepting the application and we hope we can move forward on the
process as quickly as possible,
Sincerely,
~1\{{('- L JUtuctcjKC
Linda L. Hetrick
President
Citrus Greens at Orangetree
Homeo\\oner's Association
2
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NO~e~ !TfM
SEP 2 5 2001
Pg. 3
ATTACHMENT NO,
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ATTACHMENT NO.
PAGE_ _OF
RESOLUTION NO. 96- 340
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RESOLUTION TO AUTHORIZE R.eDUcnONS OF SPEED
UMITS TO TWENTY FIVE MILES PER HOUR (25 MPH) ON
DESICNA TED
PLATTED
LOCAL
RESIDENTIAl.
SUBDIVISION ROADWAYS THAT ARE THEN DEDICATED
TO PUBUC USE WITHIN COWER COUNTY, SUBJECT TO
MANDATORY PREREQUISITES.
WHER:.';S, Section 316, Florida statures, and Collier County Ordinance
No. 91-25 autnorizes the Board of County Commissioners to alter or establish
speed limits on roadS under its jurisdiction; and
WHEiE';S, many local subdivision roadways fall under the jUrisdiction of the
Board of County Commissioners; and
WHER:.C,S. in ac:::oraance with section 316, Florida Statutes, and Collier
County Ordinance No. 91-25, many local platted residential subdivision roadways
are constructed with lane widths In anticipation of accommodating only low
traffic volumes traveling at low speedS; and
WHER:.';S, the Board of County CommIssioners has set preceden1:S by
establishing a :;5 MPH speed limit on many of the platted local residential
subdivision rcaoways WIthin Collier County; and
WH=RE.~,S. PUblic notification has been advertised tlNo (2) weeks prior to the
Collier County Soard of County Commissioners' pUblic meetings held to consider
the proposed speed limit reauctions to 2S MPH; and
WHEREAS, inspections promulgated by requests of citizens to lower the
speed limits within residential areas have recently confirmed that many of the
roadways within Older SUbdivisions in ttle County have been constructed below
the current County subdivision standardS and whiCh roads are utilized
concurrently by vehicles, pedestrians, and cyclists, and which roads have been
constructed for only low-volume, low-speed travel;
THERE:=ORE, BE IT RESOLVED BY THE BOARD OF COUNiY COMMISSIONERS OF
COLLIER COUNTY, that
1, Speed limits on roads may be lowered, when determined by the County's
Transpor.:atJon Department to be warranted, to 25 MPH on the platted a
NO~G~~~11FM
accepted ioeal subdivision roadways, Implementation of ttlose speed zo J !:/:::.
~. ~e Transportation Department shall be subject in each Instance 0 SEP 2 5 2001
~ng received a cItizenS' petItion meeting County requirements a d Pg, 5
requesting same, in accordance wlttl engineering SOJdies, gaining Board of
countY Commissioner approval, and subject to availability of adequate
moneGlry and personnel resources.
2, The effective date of eaCh speed limit reduction by road segment shall not
be untll
aJ Soard of County COmmission approval; and
bl postlng of approprlate speed limIt slgnage; and
Cl Written notlflcation of eaCh SUCh speed limit reduction has been
delivered to the Collier County Sheriffs Office.
3, The county's Transportation Department will review each respective
residential roadway upon receiving a citizens' petition for sUch action from
ttle residents requesting that trle respectJve speed limit be lowered. After
trle completion of traffic engineering studies as then required by Florida
Statutes and/or Collier CountY Ordinance, the Collier County TransportatIon
Department will make Its recommendation and the Board of CountY
CommiSSion will take action to deny the request, or to approve the request
and authorize the Transportation Department to commence lowering the
resoec:lve speed limits, subject to providing written nodfication of each
such reduction to the Collier CountY Shenff's office.
4. AUtrlorizatlon Is hereby given to the CountY's Transpor-..atlon Deparunent
to erect appropriate speed limit signs In accordance with each respective
speed limit reduction caused pursuant to this Resolution, and in accordance
with Section 316, Ronda Statutes, and with Collier CountY Ordinance No, 91-
25, as ttlen amended,
5, Notwiths-.:andlng any other proviSion herein, speed limits shall remain at
thirty miles per hour (30 MPHI on local SUDdivi~ion roadways wiC1 areas of
Collier coum:y now or hereafter platted as .he Golden qate Estates", and
also on all roadways then platted or then accepted as "'ocal county
roadwayS- provided sLich roadS are neither within a subdivision nor are
then SUbject to the establishment of different speed limits In accordance
with.appllcable Florida statutes and/or with County Ordinance No, 91-25, as
then amended,
6. The CIeri< to the Board'shall provide a true coPy of this resolution to the
Collier CountY Sheriff's Office,
Nc~~tge~
SEP 2 5 2001
/ ~
Pg. ~
::...........-~..~--=
ATTACHMENT NO.
PAGE OF
MOTlON, SECOND AND MAJORITY' VOTE.
THIS RESOLUTlON ADOPTED THIS ~:t::;L. DAY OF a.>'. ..
,
. 1996, AFTER
ATTEST:
DWIGHT E. BROCK,
CLERK
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. ~ Approved as to form and
;I:(..~~
Taomas C. Palmer,
Assistant COUIlty Anomey
GFAmf:8/7/96 (ReVISed per Board Direction 8/6/96)
ATTACHMENT NO,
PAGE OF
BOARD OF COUNTY COMMISSIONERS
COWER COUNTY, FLORIDA
BM~
/HN c.. NORRIS;" CHAIRMAN
A~
~-.jcSEP 25 2001
7
Pg,
EXECUTIVE SUMMARY
REQUEST BOARD APPROVAL Of A RIGHT-Of-WAY USE AGREEMENT BETWEEN
COLLIER COUNTY AND THE LA PLAYA HOTEL DEVELOPMENT
OBJECTIVE: To gain approval of a right-of-way 'Lse agreement for hardscape and landscape
improvements on Gulf Shore Drive. Approval of such an agreement will provide for ongoing
maintenance responsibilities lying with the adjacent development entity.
CONSIDERATIONS: Collier County is the owner of Gulf Shore Drive, The developers of the
La Playa Hotel desire to construct a brick paver pedestrian walkway and driveway connecting
the portions of the La Playa Property located east of Gulf Shore Drive with those portions of the
La Playa Property located west of Gulf Shore Drive,
The Agreement between Collier County and La Playa will transfer all responsibility of
maintenance to La Playa, along with any attendant liabilities, The costs of construction and
maintenance will be solely borne by La Playa, La Playa also agrees to remedy any hazard or
defect that may occur as a result of their installation within five days of notice by the County,
The Agreement will be recorded in the Public Records of Collier County,
Staff and the County Attorney's Office have reviewed the Agreement and recommend approval.
~FISCAL IMPACT: None at this time, All costs of construction and maintenance of the pavers,
" landscape and other hardscape will be borne solely by La Playa.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDA TION: That the Board approve the Agreement and authorize the Chairman to
sign on behalf of the Board,
~
---~~
- . /1 d"
SUBMITTED BY: /~ '10-11'/
Edwar J. Kant, P
/ / ,
DATE: f///- ) /
APPROVED BY:
Nonn n E, Feder, AICP, Transportation Administrator
DATE: 1~
Attachment:
No, I - Right-of-way Use Agreement
..'.1-.."
~D~TEM
No. .P S-
SEP 2 5 2001
\
Pg,
This instrument was prepared by
and should be returned to:
Daniel H, Cox, Esq,
Young, van Assenderp, Varnadoe & Anderson, P,A,
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
(941)597-2814
RIGHT -OF - WAY USE AGREEMENT
This Right-of-Way Use Agreement is entered into this day of
2001, by and between Collier County, Florida, a political subdivision of the State of Florida whose
mailing address is 3301 Tamiarni Trail East, Naples, FL 34112, its successors and assigns,
("County") and The Halstatt Partnership, a Florida general PaDnership, its successors and assigns,
Westgroup La Playa, LLC, a Florida limited liability company whose address is 2600 Golden Gate
Parkway, Suite 200, Naples, FL 34105, its successors and assigns, collectively, ("La Playa").
RECITALS
A. County is the owner of that certain right-of-way located in Collier County, Florida and
known as Gulf Shore Drive,
B. Halstatt and Westgroup LaPlaya, as tenants in cornmon, are the owner of that certain real
property located in Collier County, Florida and more particularly described in Exhibit "A"
attached hereto and hereby incorporated by reference (the "La Playa Property").
C, La Playa desires to construct a brick paver pedestrian sidewalk, walkway and driveway
connecting the portions of the La Playa Property located east of Gulf Shore Drive with those
portions of the La Playa Property located west of Gulf Shore Drive,
D. County is willing to allow the construction of the brick paver pedestrian sidewalk,
walkway and driveway over and across the County owned right-of-way known as Gulf Shore
Drive under the terms and conditions described herein,
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration in hand paid to County by La Playa, the receipt and adequacy of which are hereby
conclusively acknowledged, the parties agree as follows:
1, County hereby grants to La Playa the right to use those portions of the Gulf Shore Drive
right-of-way generally depicted on the sketch attached hereto as Exhibit "B", for purposes of
constructing, operating and maintaining at La Playa's expense, a brick paver pedestrian
\valkway and driveway with associated concrete ribbons, striping and si
Page 1 of5
ge ~,~O~TE~
No, ~ ~
SEP 2 5 2001
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ATTACHMENT NO.---:
PAGE _ OF
"Improvements"), all in accordance with final plans and specifications to be approved by
County, such approval to not be unreasonably withheld, and as generally depicted on Exhibit
"C" attached hereto.
2, La Playa agrees to maintain the Improvements at its expense in accordance with the final
plans and specifications to be approved by County, until such time as County executes a
release from indemnification as discussed in Paragraph 5,
3. Should La Playa fail to maintain the Improvements in accordance with the County approved
plans and specifications, County may provide notice to Halstatt and/or Westgroup La Playa
in writing, specifying the nature of the deficiency in maintenance, Within five working days
receipt of such notice, Halstatt and Westgroup La Playa shall cause the appropriate repairs to
be effected, at no cost to County. In the event damage to, or failure to maintain the
Improvements results in a situation where public safety is at risk, County may, at its option,
effect repairs to the Improvements itself, without the need for prior notice to Halstatt or
Westgroup LaPlaya, and present a bill to Halstatt and Westgroup La Playa for all actual cost
incurred in effecting the repairs. Halstatt and Westgroup La Playa shall cause these actual
costs to be reimbursed to County within thirty (30) days receipt of the County's bill.
4, La Playa as Indemnitor hereunder, shall indemnify and save harmless County as Inderrmitee
hereunder, from any loss or damages Indemnitee may suffer as a result of claims, suits,
demands, damages, losses, fines, penalties, interest, expenses, costs, or judgments, including
attorneys' fees and costs oflitigation, against them arising out of La Playa's use of the right-
of-way for the purposes set forth in this Agreement. Provided, however, that Indemnitee
shall not undertake to settle any lawsuit or threaten lawsuit that could give rise to
Indemnitor's obligation hereunder without the prior consent of Indemnitor, such consent to
not be unreasonably \vithheld.
5. The indemnity provided for by this Agreement will extend from the date of this Agreement
until such time as the parties hereto acknowledge in writing that La Playa has ceased to use
the right-of-way for the purposes stated within this Agreement, and execute a release from
inderrmification in favor of La Playa.
6. Indemnitee agrees to give Lldemnitor written notice of any claims filed against the County in
connection with this Agreement, within thirty (30) days of the date that County is aware of
such claim. Failure to give notice to Indemnitor shall be a release of any obligation
Inderrmitor may have to indemnify against any increase in loss or damage incurred as a result
of failure to give notice, In all other respects, Indemnitor's obligation to indemnify against
damages not caused by failure to give notice shall continue in full force and effect,
7, Prior to commencing \vork on any Improvements contemplated by this Agreement, La Playa
shall obtain a right-of-\vay permit from County, which shall address, among other things, the
timing of the work, maintenance of traffic flow during construction, and the permissible lane
closures during the time ::1:lT '.';ork is to be performed.
Pa e 2 of 5
NO~GE~~O~
SEP 2 5 2001
I
I ATTACHMENT NO._
'PAGE OF
Pg.
3
8. This Agreement shall remain in full force and effect from the date It is recorded in the Public
Records of Collier County, Florida and untitthe earliest to occur of either (i) La Playa
abandons use of the right-of-way, (ii) County implements any plan that modifies Gulf Shore
Drive, or (iii) County determines that the Improvements cause a safety or capacity issue, or
(iv) La Playa fails to maintain the Improvements after notice from County as required by
Paragraph 3, then La Playa will remove the offending portion of its Improvements and shall
restore said portion to the condition it was in prior to the installation of said improvements.
The Improvements shall be removed at the sole cost of La Playa within thirty days ofthe
termination of this Agreement, and shall be restored to the condition that existed immediately
prior to the effective date of this Agreement.
9. In the event either party hereto shall institute legal proceedings in connection with, or for the
enforcement of, this Agreement, the prevailing party shall be entitled to recover its costs of
suit, including reasonable attorney's fees, at both trial and appellate levels,
10, This Agreement shall be effective upon recording in the Public Records of Collier County,
Florida, and the benefits and burdens established hereby shall inure to and be the obligation
of the parties and their respective heirs, successors or assigns,
11. This Agreement shall be governed by the laws of the State of Florida,
In Witness Whereof, the parties have caused these presents to be executed on the day and
date first above \\!ritten.
BOARD OF COUNTY CO~1ISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
James Carter, PhD, Ch&irman
Dwight E, Brock, Clerk
Approved as to Legal Form and Sufficienc~>
i ,':'..
Assistant County Attorney \~/
A~~EM_
No, .s
Page 3 of 5
SEP 2 5 2001
4
ATTACHMENT NO.
PAGE OF
(
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Pg,
Signed, sealed and delivered
In the presence of:
THE HALSTATT PARTNERSHIP,
a Florida general partnership
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Print Name
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Witness {/
MARCIA J. WJLHELM
Print Name
STATE OF FLORIDA
COlJNIY OF COLLIER
The foregoing instrument was acknowledged before me this.21?~ay of ihl.C-iiU.r:
2001, by Paul J. Marinelli, as Authorized Agent of The Halstatt Partnership, a Flondilgeneral
partnership, on behalf of the partnership, \vho is personally known to me and who did not take an
oath,
(Seal)
J. ' /11
/{, ) -1' 1 t ll/l..;u:v.-
>~_~;(A_<U;l-r/j- .1~ .,
Notary Public U SUSANJ.NEl.SON
My Commission Expires: 'f- ,;2.i -,:)..CC5
"'''~'';'''' SUSAN J NaSON
~f'-"':6.~"\ MY COMMISSION # DO 004631
~:'~'i>'i EXPIRES: Ap1i121, 2005
'1{~i#.:~~' 8ond0<l Thru NOllry Public Uno."'ntora
No~~gs-
SEP 2 5 2001
5
Page 4 of5
ATTf\CHMENT NO, ~
P~,GE OF
Pg.
WESTGROUP LA PLAYA, LLC, a Florida
limited liability company
By: Noble House Associates, LLC, a
Delaware limited liability company,
Managing Member
&9~
~JtIil~
~A/" y' J /1)o/z~t..es
Print N~e
Its: ".C~ P....."".Mr
'e-e.... c.....,.le--
?;JljI~YfA .
Witness
S2'(L-VJA -tt-PN17JA1A
Print Name
STATE OF WAS't-\-i tJ (.,/<010
COUNTY OF ~\ ~ G?
The foregoing instrument was acknowledged before me this ortciay of A-usu~ ~
2001, by fv\:y.1)::::l ~ , as \J\'C.e... -P-res ~ (,l21\.Gu I of Noble House Associates,
LLC, a Delaware limIted liability company, the managing member of Westgroup La Playa, LLC,
a Florida limited liability company, on behalf ofthe company, who is personally known to me or
YI"ho predyc€d as identification,
()~~
..........."..,,\,\
(Seal) _ - . ..1E,., \ II
-- ~\'" . ~L"
.:-"' ~c:, """"'" ~ I,
: .s" __~::,S\ON I~', ""'. "
~ ~. .-"" """, . 'lit I
: 0:1 ~'.y~ ~~ ~
;' :U ~. - :: ,
~ ; A. (.): :
I ",. Vo.\"'\: .i.....
I lj g \.... _ !.II;'" ..
I, IJ'"" "".".1S.0 "''- ~o ;:'
".1 "'It 1\\.,,,,,..' .." _.:
: . OF W,,~ --
'1\\\\\\,.............--
Notary Public
My Commission Expires:
II / /~ioc.;
Page 5 of5
IATT...ACHMENT NO, .
~GE OF .
No~;g~
SEP 2 5 2001
Pg.
EXIDBIT "A"
LEGAL DESCRIPTION
Lots 25 through 30, inclusive, Block A" Unit No.1, and Lots 24 through 28,
inclusive, Block B, Unit No, 1, CONNER' S VANDERBILT BEACH
ESTATES, according to the plat recorded in Plat Book 3, Pages 8 and 9, of the
Public Records of Collier County, Florida, less the right of way for Gulf Shore
Boulevard.
I\Yvv Js 1 \data1usemdhcldph\La Playa Easement Mod\legaJ description. wpd
AG~~+;1TE~
No.~~
SEP 2 5 2001
Pg. 7
ATTACHMENT NO.
PAGE OF
-I
GULF OF MEXICO
====-==-
------------
( -
\
)
I
~ ~
PROPOSED EAST TOWER
CONFERENCE/GUEST ROOMS
VANDERBIL T
GO~TEM.-
No. '\
ATTACHMENT NO.
PAGE OF
SEP 25 2001
1?
Sep 06, 200i - 08:32:20
QJONESIX:\ ENG\N0308\ 06\ 0308060' .dwg
Pg,
PROJECT: LA PLAYA BEACH RESORT BRICK PAVER MAINTENANCE EXHIBIT
":UENT: WESTGROUP LA PLAYA, L.L.C, & THE HALSTATT PARTNERSHIP
WilsODMiller -~~~~ ~E:
...
Flamers . ~ . EccIogim . &nwycn . !..IndIc8pe Arr:Ii/ec1r . TI'IIIIpOrla/iQn Ccn6liIantr
WUsonMiller, Inc.
Nap/eI . ForlIJyen . SrullII . Ehdentctt . TInllI
.t1OO 8&ley LIM, SUte 200 . Nap/e&, Rorida 34rJ5-8507 . F'f!ot!e 94Hi4Ii-404O. Fu ~5716 . Web-.5l'fe nw.IOlltcmIIr.Qllll
SEC:
CATE: 02 1.3 01
REV NO:
," "" 80'
rNFl': ~GE;
29 48S 25E
PROJEC NO.
N0.308-00.3-004
ORwN BY /ElolP NO.
C,R.M, 1117
INDEX NO:
0-0308-06
SHE:ET NO:
1 OF 2
, /7
v:/
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I /
! L,
ff I I
Il I I
1, == ~ I
1\ /~~
I, /1 I
'1 ,/ \
~~ \
I I
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I
I
i
I
II
II
I'
I
I
ATTACH~tNT NO,
PAGE OF
Sep 06, 2/kQ1 - 08:38:53 l~wg Pg,
PROJECT: LA PLAYA BEACH RESORT BRICK PAVER MAINTENANCE EXHIBIT
CLIENT: WESTGROUP LA PLAYA, L,L.C. & THE HALSTATT PARTNERSHIP
WilsonMiller --~~~~ S~:
"
f'1Brnen . ErgileerI . EccIogisI6 . &rveyrn . LIlIdIIcape ArcMectJ . TrlllSpOrlalion CondantJ
WilsonMiller, Inc.
NIp/eI . Fori /.Iyen . SaruoIlI . lhdenton . TIIIpI
3200 Baley Lane, 5<ite 200 . NapiM, FbridI :unH507. Phct>e ~. F8l 94H43-57I6 . Web-sw. _JlfIavnIer.can
SEC:
DATE:
02 13 01
Rt:V NO:
1" = 70'
TWP: RGE:
29 485 25E
PROJECT NO.
N0308-003-004
ORWN BY /EIoIP NO,
C,R,M, 1117
INOEX NO:
0-0308-06
SHEET NO:
2 or 2
. . f
EXECUTIVE SUMMARY
AWARD OF RFP 01-3253
"Installation, Maintenance, and Repair of Traffic Signals"
OBJECTIVE: To contract with multiple fIrms in order to provide complete installation, maintenance, and
emergency repair for Collier County traffic signals.
CONSIDERA TIONS: In consideration of anticipated Traffic Signal installation, repair, and maintenance needs
for Fiscal Year 01-02, a bid was let by the Purchasing Department for the annual contractual work. Requests for
Proposals (RFP) for this project were solicited by the Purchasing Department on June 28, 2001. Notices of the RFP
invitation were sent to thirty (30) fums. A total of fIve (5) fums requested the full RFP package, and three (3) fums
submitted proposals by the deadline of July 27,2001.
A Selection Committee approved by the County Manager met on August 13, 2001 to rank. review, and discuss the
proposals received, By consensus, the Selection Committee wishes to contract with three (3) of the responding
proposers in order to have a variety of fIrms available to provide traffIc signal maintenance, repair, and installation,
The fums are as follows:
I, E. B. Sinunonds Electric
2, Mid-Continent Electric
3, Designed TraffIc Installation
~FISCAL IMPACT: Funds in the amount of $750,000 are available in the Gas Tax Fund (313) in the FY 02 Budget
\ \ Y for installation of new traffic signals components,
\
Funds on the amount of $162,500 are available in the Transportation Services Fund (101) for repair and
maintenance of existing traffic signal components
GROWTH MANAGEMENT IMPACT: While this has no direct impact on the Growth Management Plan, it is
consistent with the goals of the County to streamline and expedite the procurement of services,
RECOMMENDATION: That the Board of County Commissioners award RFP 01-3253 "Installation,
Maintenance, and Repair of Traffic Signals" to all three (3) firms, and that the Chairman be authorized the sign the
standard County Attorney approved a ements on behalf of the Board,
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
,~"......,
APPROVED BY:
-rfJv'1"
DATE: 1(1't(d {
/
c.1, //.
DATE: / /...j/ t'/
/
NO~~(P
SEP 2 5 2001
Pg, \
#
,
/
EXECUTIVE SUMMARY
RECOMMENDATION TO CONCEPTUALLY APPROVE A
CONTRACT AMENDMENT TO THE AGREEMENT BETWEEN THE
BOARD OF COUNTY COMMSSIONERS AND APAC-FLORIDA, INC.
TO ALLOW PIPE REPLACEMENT AND REPAIR ON GOLDEN
GATE BOULEVARD.
OBJECTIVE: Recommendation to conceptually approve a contract amendment to the
agreement between the Board of County Commissioners and AP AC-Florida, Inc, to allow pipe
replacement and repair on Golden Gate Boulevard,
CONSIDERATIONS: The Board of County Commissioners, Collier County, Florida and
AP AC-Florida, Inc. entered into an agreement dated March 28, 2000 for the four-Ianing of
Golden Gate Boulevard. The County Transportation Department recently discovered that
AP AC-Florida, Inc., through its subcontractor, installed concrete pipes as part of the stormwater
system which did not meet county specifications, After advice from staff and two engineering
consulting firms, Forge Engineering, Inc, and Law Engineering and Environmental Services,
Inc., the Transportation Department and the County Attorney recommend a contract amendment
containing the following terms:
· All concrete pipe which is at a structure and which does not meet specifications will be
replaced with pipe meeting County specifications. Any such pipe that has not yet been
replaced will also be wrapped with filter fabric and back-filled with :flowable filL
· All pipe which is not at a structure and that has a known joint leak or a crack will be
repaired with internally-injected grout using approved FDOT standards and procedures
for the repair of joints and cracks.
· The warranty on the project including, but not limited to, Section 21 of the Construction
Contract, shall be extended to five (5) years from final completion of the project. A
warranty bond will be posted and all cracks found in any non-specification pipe shall be
repaired or replaced during the warranty period,
· Upon completion of the project and annually during the warranty period, AP AC shall
monitor by video the concrete pipes laid as part of the stormwater system.
· In the event of a failure of the non-specification pipe at any time during the warranty
period creating a road condition, AP AC shall immediately repair the problem. If the
repair requires lane closure, the lane closure shall last for no longer than is customary in
the industry, Any lane closures longer than a reasonable time as determined by the
industry will result in a lane rental charge incurred against AP AC,
· All costs incurred by the County associated with the installation of non-specification pipe
shall be charged to AP AC including, but not limited to, the consulting fee of Law
AdJ --{) 0.,
\~61 Cf~ )-3{O'
1
Engineering and Environmental Services, mc" the consulting fee of Forge Engineering,
Inc, and the annual services of an engineering expert to review the video monitoring of
the concrete pipe.
· AP AC shall adhere to the schedule for completion of the project pursuant to said
Construction Contract.
· AP AC's indemnification of the County as set forth in General Condition 13 of the
Construction Agreement, including the related insurance obligation, shall be extended
during the warranty period and shall apply to any and all claims or lawsuits arising from
the contract amendment.
APAC-Florida, Inc. has agreed to these terms. County staff shall return to the Board with a
proposed contract amendment as soon as possible.
FISCAL IMPACT:
GROWTH MANAGEMENT IMPACT:
RECOMMENDATION: that the Board of County Commissioners conceptually approve a
contract amendment to the agreement between Collier County Board of County Commissioners
and AP AC-Florida, Inc. dated March 28, 2000.
SUBMITTED BY: ~ Date: er/~~ /01
A, N, Korti, Project Manager ,
TransportationlECM
REVIEWED BY: M~,eI.2~ Date: 1/2- ~/Cbf
I<<itch Riley, P,E" Sr. Project Manager
TransportationlECM
REVIEWED BY: ):~ //?7~ Date: q I'z.+/o I
Steve Miller, P,E., Director
Transp rtationlECM
APPROVED BY: Date: f/rf L
2
EXECUTIVE SUMMARY
ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY
CONDEMNATION OF A FEE SIMPLE INTEREST IN REAL PROPERTY FOR
THE CONSTRUCTION OF ROADWAY IMPROVEMENTS FOR THE PHASE
TWO LIVINGSTON ROAD PROJECT FROM GOLDEN GATE PARKWAY TO
NORTH OF PINE RIDGE ROAD, CIE NO. 52 (PROJECT NO. 60071).
OBJECTIVE: To obtain authorization from the Board of County Commissioners to
acquire by condemnation all rights and interests in real property which are required for
the construction and maintenance of transportation improvements, utilities, and
stormwater collection and treatment facilities for Livingston Road, Phase 2, from Golden
Gate Parkway to North of Pine Ridge Road,
CONSIDERATION: On November 28, 2000, the Board of County Commissioners
adopted Resolution No, 2000-446 authorizing the condemnation of fee simple title
interests and/or perpetual, non-exclusive road right-of-way, sidewalk, slope, utility,
drainage, maintenance, noise abatement interests, and temporary driveway restoration
easement interests for the construction of the six-Ianing improvements for the Livingston
Road project between Golden Gate Parkway and Pine Ridge Road, CIE No. 52,
Adoption of the attached Resolution will provide the Board's directive and authorization
to the Office of the County Attorney to prepare the pleadings and file the eminent domain
lawsuit which will be required should it become necessary to condemn the property
required to construct of the Livingston Road, Phase 2, improvements, as extended to the
north to include the Community School of Naples,
Based upon an evaluation and review of alternative locations, environmental factors, cost
variables, drainage considerations, and safety and welfare considerations, as they relate
to the construction of the project, the Board finds that the Livingston Road, Phase 2,
improvements should be extended further north to include the Community School in the
acquisition and construction limits of Phase 2, as is more particularly described in Exhibit
"A" of the attached Resolution,
FISCAL IMPACT: Total estimated costs for the acquisition of the right-of-way required
for the construction of the balance of the Livingston Road, Phase 2, improvements
through condemnation are estimated at $700,000. This figure includes all land and
improvements, appraisal fees, title policies, staff overhead, and miscellaneous expenses
associated with the acquisition of the necessary right-of-way, including attorney fees and
expert witness costs incurred by the property owner which the condemning authority is
required to pay under the provisions of Chapter 73, Florida Statutes. All expenses will
be funded from Road Impact Fee - District 1 (Fund 331), Livingston Rd, - Golden Gate
to Pine Ridge - R/W (Project 60071), in FY 2001/2002,
GROWTH MANAGEMENT IMPACT:
County's long-range planning effort.
The
recommen~~ is consistent with
-''''''~.''~'''~-"-'-
N;:"c;:;"\~_~lt '
\ ..' '.';"jl I
" ... .. '" ..<i"<l!i
-~:..;:==-~J
the
RECOMMENDATION: That the Board of County Commissioners:
(1) Having reviewed alternative locations, environmental factors, cost variables, and
safety and welfare considerations, as they relate to the project, find that the most
feasible location for construction of the balance of the Livingston Road, Phase 2,
improvements is more particularly described in Exhibit "A" of the attached
Resolution;
(2) Adopt the attached Resolution authorizing the acquisition by condemnation of all
rights and interests in real property which are required for the construction and
maintenance of transportation improvements, utilities, and stormwater collection
and treatment facilities for Livingston Road, Phase 2, from Golden Gate Parkway to
North of Pine Ridge Road, and authorize the Chairman to execute the attached
Resolution; and
REVIEWED BY:
DATE: '1.../J-d(
(3) Approve any and all budget a
SUBMITTED BY:
DATE: ~-I~ -ot
Charles E. Carrington, Jr. SR/W , Director
Real Property Management Department
;)~ (4/f~'
~/v~J~ I
~
REVIEWED BY:
DATE:
Steve Miller, P,E., Transportation Eng. Director
Transpo ation Engineering and Construction
Manag ent Department
DATE:~
APPROVED BY:
1
2
3
4 RESOLUTION NO, 2001-_
5
6
7 A RESOLUTION AUTHORIZING TIIE ACQUISITION BY CONDEMNATION OF A FEE
8 SIMPLE INTEREST IN REAL PROPERTY REQUIRED FOR THE CONSTRUCTION OF THE
9 BALANCE OF THE LIVINGSTON ROAD PHASE 2 IMPROVEMENTS FROM GOLDEN GATE
10 PARKWAY TO NORTH OF PINE RIDGE ROAD.
11
12 WHEREAS, the Board of County Commissioners (Board), on February 23, 1999, adopted
13 Ordinance No. 99-14 therein establishing the 1999 (Eighth Annual Update and Amendment) Capital
14 Improvement Element of the Growth Management Plan in order to establish priorities for the
15 design, acquisition and construction of the various capital improvement projects. The
16 Transportation Element of the County's Comprehensive Plan was adopted in Ordinance No, 99-13;
17 and
18 WHEREAS, the six-laning improvements to Livingston Road from Golden Gate Parkway to
19 north of Pine Ridge Road (hereinafter referred to as the "Project") is one of the capital improvement
20 projects required under the Transportation Element of the County's Comprehensive Plan; and
21 WHEREAS, the Board of County Commissioners, on November 28, 2000, adopted
22 Resolution No. 2000-446 authorizing the County Staff to acquire by condemnation certain
23 easements and/or fee simple title to the property and property interests required and necessary for
24 the six-laning roadway improvements to Livingston Road from Golden Gate Parkway to north of
25 Pine Ridge Road; and
26 WHEREAS, the location for construction of the proposed improvements has been fIxed by
27 survey and is represented by the legal description attached hereto as Exhibit "A" and incorporated
28 herein; and
29 WHEREAS, after consideration of the availability of alternate routes and locations, the
30 comparative costs of project alternatives, various impacts upon the environment, long range
31 planning options, and public safety considerations, the Board desires to exercise its right to
32 condemn property for public purposes.
33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board
35 that the construction of the Project is necessary and in the public's best interest in order to protect
36 the health, safety and welfare of the citizens of Collier County.
37 _AND IT IS FURTIffiR RESOLVED that construction of the Project is part of the County's
38 long range planning effort, and is included in the Transportation Element of the County's
39
40
41
42 Comprehensive Plan for Growth Management, as approved by the Florida Department of
43 Community Affairs.
44 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative
45 locations for the project, various impacts to the environmental, public safety and welfare
46 considerations associated with the design and construction of the project, and the costs associated
47 with the design, property rights acquisition, and construction of the project; and the Board finds that
48 after consideration of these issues, the most feasible location for construction of the proposed
49 improvements is represented by the legal descriptions attached hereto as Exhibit "A" and
50 incorporated herein,
51 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is
52 necessary for the Board to acquire a fee simple interest in that certain real property described in
53 Exhibit .. A. "
54 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes.
55 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to
56 immediately acquire by gift, purchase or condemnation in accordance with the provisions of
57 Chapters 73, 74 and 127, Florida Statutes, the above-referenced real property interest more
58 particularly described in Exhibit "A," attached hereto and incorporated herein,
59 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property
60 sought to be acquired and therefore it will not be necessary to remove any mobile homes from the
61 property to be acquired,
62
This Resolution adopted on this _ day of
,2001, after motion,
63 second and majority vote,
64
~ BOARDOFCOUNTYCO~SSIONERS
66 OF COlLIER COUNfY, FLORIDA
67 ATIEST:
69
By:
JAMES D, CARTER, Ph.d., CHAIRMAN
68 DWIGHf E, BROCK, CLERK
70
71
72
73 Approved as to form and
74 legal sufficiency:
75
76
77
78 Ellen T. Chadwell
79 Assistant County Attorney
Page 2
PROJECT NO.: 62071
PROJECT PARCEL NO,: 101A
TAX PARCEL NO,:
EXHIBIT A
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( IN FEET )
inch = 200 ft..
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NOTES:
1, llllS IS NOT A SUR~.
2. BEARINGS SHOWN HEREON ARE BASED ON
'!HE EAST UNE Of' SECilON 12 WHICH
HAS A BEARING OF s. 00"17'27" E.
3. SUBJECT TO EASEMENTS. RESERVAilONS
AND RES1RlCllONS Of' RECORO,
4, NOT VAUD 'M'lHOUT SHEET 2 OF 2.
i
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(111._751-,1111)
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LEGEND:
F.P,L INDICATES FLORIDA POWER & UGHT
O,R, INDICATES ornClAL RECORDS
P.K. INDICATES PARKER-KALON
P.C.P. INDICATES PERMANENT CONTROL POINT
:I:
i!
SKETCH AND DESCRIPTION
SECTlON 12. TOWNSHIP 49 SOUTH. RANGE 25 EAST
COLLIER COUNTY. FLORIDA
~~'4
Barry E. ~ (F.... e I'Tm! L.Bf6-42)
Pro,...,.,at . Land . SU""'l"!"
Flcrida certI1lcate No. 53tI5
Date SIgned: "'J h"t.. 17,..<> \
Nat wild wl~ture and the artglnal raloed
seal of a Florida Licensed SU......)OI' and Mapper.
E
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---
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9-01
PROJECT NO.: 62071
PROJECT PARCEL NO.: 101A
TAX P ARea NO,:
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DESCRIPTION: PARCEL 101 A
A PARCEL OF LAND LOCATED IN SECTION 12, TOWNSHIP 49 SOUTH. RANGE
25 EAST. COLLIER COUNTY, FLORIDA, AND BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
COMMENCE AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF
SECTION 12. TOWNSHIP 49 SOUTH, RANGE 25 EAST, AND RUN NORTH
89'34'13N WEST ALONG THE SOUTH LINE OF THE SAID NORTHEAST QUARTER
OF SECTION 12, A DISTANCE OF 30.02 FEET TO AN INTERSECTION WITH THE
WESTERLY LINE OF A 60 FOOT RIGHT-OF-WAY; THENCE RUN SOUTH
00'51'01" EAST AND PARALLEL WITH THE EAST LINE OF SAID SECTION 12, A
DISTANCE OF 0.52 FEET; THENCE RUN SOUTH 00'17'27" EAST AND
PARALLEL WITH SAID EAST LINE OF SECTION 12, A DISTANCE OF 99.64
FEET TO THE POINT OF BEGINNING; THENCE CONTINUE SOUTH 00'17'27"
EAST AND PARALLEL WITH SAID EAST LINE OF SECTION 12, A DISTANCE OF
1220,57 FEET TO AN INTERSECTION WITH THE SOUTH LINE OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 12;
THENCE RUN NORTH 89'32'42" WEST ALONG SAID SOUIH LINE OF IHE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 12, A
DISTANCE OF 245,02 FEET TO AN INTERSECTION WITH THE EAST LINE OF A
125 FOOT FLORIDA POWER AND LIGHT COMPANY EASEMENT; THENCE RUN
NORTH OOi7'27N WEST ALONG SAID EAST LINE OF THE FLORIDA POWER AND
LIGHT COMPANY EASEMENT AND PARALLEL WIIH SAID EAST LINE OF
SECTION 12, A DISTANCE OF 1220.49 FEET; THENCE RUN SOUTH 89'33'50"
EAST, A DISTANCE OF 245.02 FEET TO THE SAID POINT OF BEGINNING,
CONTAINING 6.865 ACRES OF LAND, MORE OR LESS.
SKETCH AND DESCRIPTION
SECTION 12. TOWNSHIP 49 SOUTH, RANGE 25 EAST
COLLIER COUNTY. flORIDA
o
I
JOHNSON ENGINEERING, INC,
___ ...~~".:r=: =-,1TlI
- 9-Q1 1-;'318 \-72-..e-2.5 1-
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EXECUTIVE SUMMARY
APPROVE ANNUAL RATE RESOLUTION TO ADJUST LANDFILL TIPPING
FEES, TRANSFER ST A nON FEES, RESIDENTIAL ANNUAL ASSESSMENTS
AND COMMERCIAL WASTE COLLECTION FEES FOR FY 2001/2002.
OBJECTIV(:: To obtain Board of County Commissioners approval for the
annual Rate Resolution to adjust landfill tipping fees, transfer station fees,
residential annual assessments and commercial waste collection fees,
CON~QERA TION: Annually the Solid Waste Department prepares a Rate
Resolution to establish the user fees for the fiscal year beginning October 1 st
including the mandatory solid waste assessments as approved by the Board on
September 11, 2001.
The general waste tipping fee for material disposed of in the lined cell is
increased by the consumer price index of 2.72%, increasing the rate from $32,03
to $32,90, The C & D rate is proposed to be increased from $23.42 to $24.06,
Based on the CPI the current biomass rate of $20,65 will be increased to $21.21,
No increase has been applied to the curbside collection fee portion of the annual
residential assessment as per the franchisee's agreement with the Board to
freeze collection fees until September 2004. Rates for franchise commercial
activity have been increased by the CPI of 3.2691 % as required in the franchise
agreements. The proposed commercial rates are included in the attached rate
resolution.
The $1,00 cart replacement charge for District 1 (Waste Management service
area) residential rates that was approved last year remains in effect, This year a
$1,00 cart replacement charge for District 2 (Immokalee Disposal service area)
has been included as the cart program is being implemented for District 2
mandatory customers, The mandatory solid waste special assessments,
(residential rates) were approved by the Board on September 111tl, 2001, and are
set forth again as they are part of the annual rate resolution, (attached)
FISCA~ IMPACT: The increase in landfill tipping fees will provide revenue to
fund solid waste operations, incfuding environmental compliance and long-term
solid waste technologies, Rates for mandatory customers in District One have
been increased $13.07 for the year, and District Two customers have had an
increase of $11.51 as approved by the Board on September 111tl, 2001.
GROWTH MANAyEMENT IMPACT: There is no Growth Management impact
associated with this item,
IlGEZIl .JTO'
NO . J <..! I
SEP 2 5 2001
~G. /
RECOMMENDATION: That the Board of County Commissioners approve the
submitted Rate Resolution to adjust landfill tipping fees, transfer station fees,
residential annual assessments and commercial waste collection fees for FY
2001/2002,
SUBMITTED BY: -- --.. ...--? l.L., ~ Date: 1/..t4 / O.L
G, George Yilmaz, Ph. D., P.E., P.H., R.E.P, '
Director, Solid Waste Management,Department
APPROVED BY 0 E };/ ~~ Date "1 /~k
James V. Mudd, P,E., Administrator
Public Utilities Administrator
AGUIOA IT''''
NO, /t,C
,
SEP 2 5 2001
Pia. ~
RESOLUTION No. ZOOt-
1 RESOLUTION SUPERSEDING RESOLUTION 2000-345 AND
2 ESTABLISHING THE FEES TO BE CHARGED FOR USE
.3 OF COLLIER COUNTY SOLID WASTE FACILITIES PURSUANT
4 TO COLLIER COUNTY ORDINANCE NO, 84-31,
5 WHEREAS. The BoanI of County Commissioners through County Ordinance No, 84-31
6 has implemented the user fee system for solid waste 10 all public and private UIlClS,
7 NOW, 'fHEREFC'RE, BE IT RESOLVED BY 'IHE BOARD OF COUNTY
8 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that
9 SECTION 1: Resolution No, 2000-345 is hereby superseded in its entirety,
10 SECTION 2: The foUowingfee schedule is approved for all Wiers of the Collier County Solid Waste
11 facilities:
12 Landfill Fees:
13 All fees are based on certified scale weight, per cubic yard fee, or per tire fee, No
14 rounding.
15 Mixed loads of biomass (land clearing, plant uimmings and grass cuttings) and other
16 waste shall not be accepted.
:1..:2 General Wastes: $32.90/ton
Special Wastes: $24,06.'lon for Con.>tructionlDemolition Debris,
19 $32,90/ton for tires cut into 8 equal pieces,
20 $97 , 88/ton for whole tires,
21 Car or tIUCk tires: $4.00/tire 16" or larger size (no change).
22 Car or truck tires: $I.OO/tire 15"or smaller size (no change),
2.3 Large ttactor or heavy equipment tires on per IOn basis only,
24 $21.21/ton for Biomass,
2 5 $10. 6O/ton for processed Biomass 2>> or less in size.
26 $4 .ll/ton for clean fill material suitable as daily cover less than 6 inches in size,
27 $4,60/ton for clean material suitable for Wie as bacldill greater than 6 inches in size,
28 Definitions of Soecial Wastes:
29 Snecial Waste 1: Difficult-to-handle material requiring pre-acceptance site preparation (example:
30 asbestos, ash, powders), $143,94/incident, plus 2 times applicable base rate.
.31 Soecial Waste U: Waste requiring speciaJ acceptance procedures, but 110 speciaJ site preparation. Two
32 times applicable base rate, except sludge at $32,90Iton. accepted only in emergencies for Collier County
33 Utilities.
Soecial Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at
35
Landfill working lIle3 and must be removed by contractor (example: whole tires, white goods,lead-acid
36
batteries) S11.53 per item.
"G€NO" IT}"
NO. I~c..
SEP 2 5 2001
PG, 3
1 Transfer Station Fees
2 S4,50/use/automobiles and station wagons both full-size and compacts (less than y, cubic yard)
3 $8.75/cubic yard/trocks. trailClli, vans (volume rounded to nearest yard) (more than y, cubic yard)
4 Car or truck tires: S4,OO/tire 16" or 1arger rim size,
5 Car or truck tires: $1.001tire IS" or smaller rim size,
<6 Large tractor or heavy equipment tires accepted onlv at iaDdfi.LI,
7 WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJEers
B Pursuant to Board of County Commissioners direction. BCC Agenda 7131101, 16C (3). neighborhood
9 clean-up events will be limited to S4,OOO/)l) per clean-up event, semi-annually. Public Utilities
l D Administrator may authorize waiver of landfill tipping fees for these events, If estimated tipping fees
.11 exceed $4,000,00 the requesting party must appear before the Board of County Commissioners for
.12 approval,
.13 RESIDENTIAL COLLECTION AND DISPOSAL FEES
loll (Includes Collection of Recvclables)
15 Service Area Number One:
J.f)
J.7
:18
19
::20
.21
::22
Collection Fcc
Disposal Fcc
CartJBin Replacement
Administration Fcc
Annual Fee:
Curbside
Twiww-=ek
$ 78,03
42,77
1.00
----2A1
$127.27
:2 3 Special Request Backdoor Service - Service Area Number One:
:24 $361.45 per year in addition to the annual assessment for the unit
25 Service Area Number Two:
.26
27
28
"29
30
,31
32
Collection Fcc
Disposal Fcc
CartJBin Rep1acement
Administration Fee
Annual Fcc:
CUIbside
Twicclweek
$ 81.80
42,77
1.00
--11Q
$127.27
33
34
Special Request Backdoor Service - Service Area Number Two:
S361.45 per year in addition to the annual assessment for the unit
,35
Recvclinll Bin Fees:
3f:i
37
Each residential unit is provided an initial bin at 110 charge by the County. ~..p__t afbins due to
nonna! wear will be provided by the Franchisee at no charge to the residential unit Unserviceable bins
38
must be presented in exchange for replacement bins. Replacement of bins due to loss or negligence of the
39
residential unit, to be paid for by the customer at a cost of $5.00 per bin, Bins must remain with the
-40
residential unit regardless of change of unit ownership,
AGENOA I TI"
NO. /, c
I
SEP 2 5 2001
~G. 4
Standard Container Fees:
2 Each residential unit is provided an initial container at no charge to the unit owner, Containers will
3 remain with the residential unit regardless of change in unit ownership, Replacement of containers due to
4 normal wear will be provided by the franchisee, Unserviceable containers must bepresentecl for
5 exchange. Replacement of containers due to loss or ncgligcnc::e of the residential unit will be paid by the
6 customer in an amount equal to the franchisee's cost for the cootair :1', plus a 55,00 delivery fee, Each
7 customer is entitled to one change of container size at no additional cost. A delivery charge of 55.00 will
8 be paid by the customcr for additional changes in containcr size, Customers requesting an additional
9 containcr will pay an amount equal to the franchisee's cost, plus a $5,00 delivery fee, The County
10 replaces containers that are stolen There is a $1.00/unit charge on the residential assessment for
11 replacement of stolen containers.
12 COMMERCIAL COLLECTION AND DISPOSAL FEES
13 Service Area Number One: - MandatOl)' multi-family recycling collection fee is 5,92 per-unit per-month.
14 Service Area Number Two: - Mandatory multi-family recycling collection fee is $,95 per-unit per-month,
J..6 Commercial Can Accounts: - A 96-gaUon container collected twice a week is $IO,52/month or
$127,27Iyear. Ifa customer needs more than one container due to lack of space for a dumpster, each
>tdditional container is $IO.52/month or S127271year.
18 Commercial Disoosal Fee: _ See Attached Schedules (4 pagcs) - Attachment No, 1
19
20
SECfION 3:
The effective date of this Resolution shall be October 1, 200 1.
This Resolution adopted this 25th day of SeIltcmber, 200 1 aftcr motion, second
21
and majority vote.
22
23
A TrEST:
DWIGlIT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
24
25
By:
By:
26
JAMES D. CARTER, PH,D"
CHAlRMAN
27
28
29
~
30
31
33
AGENOol 1Tr
NO. /t..C
SEP 2 5 2001
PG. .e;
ATTACHMENT
NO, 1
PAGE 1 OF 4
EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREA NO.1
10J01101 WASTE MANAGEMENT OF COWER COUNTY. INC,
BULK CONTAINER COMMERCIAL RATES
RATES ARE PER MONTH
SIZEI FREQ TOTAL NEW TOTAL
CUYD, PER WI< COLLECT DISPOSAL NEW RATE
2 1 $ 73,77 $ 15.73 $ 89.50
2 2 $ 118.49 $ 31,45 $ 148.94
2 3 $ 155.68 $ 47.16 $ 202,&4 '19,52
2 4 $ 223.12 $ 62,89 $ 288.01 PER PIUP
2 5 $ 232.55 $ 78.60 $ 311,15
2 6 $ 272.25 $ 9432 $ 366,57
4 1 $ 94.55 $ 31.45 $ 128.00
4 2 $ 175.21 $ 62,89 $ 238,10
4 3 $ 233.16 $ 9432 $ 327,48 139.02
4 4 $ 302,47 $ 125.77 $ 428.24 PER PIUP
4 5 $ 36675 $ 15719 $ 523,94
4 6 $ 44488 $ 188.62 $ 633.50
6 1 $ 13674 $ 4716 $ 183.90
6 2 $ 216.79 $ 94.32 $ 311,11
6 3 $ 335.89 $ 141.48 $ 4n,37 5M.52
6 4 $ 410.86 $ 188.62 $ 599.48 PER PIUP
6 5 $ 531.21 $ 235.80 $ 787.01
6 6 $ 61752 $ 282.94 S 900,48
8 1 $ 155.06 $ 62,88 $ 217,94
8 2 $ 277.26 $ 125,77 $ 403.03
8 3 $ 390.70 $ 188.62 $ 579.32 578.03
8 4 $ 51417 $ 251.50 $ 765.67 PER PIUP
8 5 $ 626 33 $ 31439 $ 940.72
8 6 $ 758.64 $ 377.25 $ 1,135.89
RESTART FEE: $83.04
AGENDA IT(fl
NO. II. C!.. I
.
SEP 2 5 2001
PG. L,
ATTACHMENT
NO.1
PAGE 2 OF 4
EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREAS NO, 1
10/1/2001 WASTE MANAGEMENT OF COLLIER COUNTY, INC.
BULK COMPACTOR COMMERCIAL RATES
RATES ARE PER MONTH
SIZEJ FREQ COLLECT DISPOSAL TOTAL
CUYD. PER WK RATE RATE NEW RATE
2 1 S 129.20 S 77.86 $ 207,01
2 2 S 200.60 S 155,76 $ 351.38
2 3 $ 329.36 $ 233,60 $ 582,. $55,01
2 4 $ 327.82 S 311.47 $ 839.29 PER PIUP
2 5 S 32728 S 38937 $ 718.85
2 6 $ 392.43 S 467.20 $ 858,83
4 1 $ 228.59 $ 155.76 S 384.35
4 2 $ 412.47 $ 311P S 723.84
4 3 $ 557.60 $ 467.20 S 1.024,80 187.19
4 4 $ 704.30 $ 622.9S S 1.327,28 PER PIUP
4 5 $ 850.44 $ 778,68 S 1,829.10
4 6 $ 998.46 $ 934.40 $ 1.932,88
6 1 $ 333.32 S 233,60 $ 588.92
6 2 $ 480.71 $ 467.20 $ 847,91
6 3 $ 77579 $ 700.81 S 1,478.80 $130.17
6 4 $ 905.14 $ 934.41 S 1,839.55 PER PIUP
6 5 $ , .21439 $ 1,168.00 S 2,382.39
6 6 $ 1 .440 84 $ 1,402.60 $ 2,843.....
8 1 $ 363.40 $ 311.47 S 874.87
8 2 $ 61567 $ 622.96 $ 1,238.63
8 3 $ 866.83 $ 934.41 $ 1,801.24 $161.74
8 4 $ 119,61 $ 1,245,87 S 1,385.48
8 5 $ 1,370 57 $ 1,557.38 $ 2,927.93
8 6 $ 1.62472 $ 1,868.82 S 3,493.54
RESTART FEE: $63,04
AGOOA ITj
NO. / t..c.
.
SEP 2 5 2001
PG, 7
ATTACHMENT NO, 1
PAGE 3 OF 4
EFFECTIVE DATE:
10/1/200 1
RATE SCHEDULE FOR SERVICE AREA NO, 1
WASTE MANAGEMENT OF COLUER COUNTY. INC.
ROU-OFF SERVlCE~GUlAR COMMERCIAL CUSTOMERS
RA TES ARE PER MONTH
EQUIPMENT
SIZE
TOTAL MONTHLY
EQUIPMENT
CHARGE/CONTAINER
$94.58
$107.18
$119.78
TOTAl HAUL
CHARGE
PER LOAD
20 CUBIC
YARDS
30 CUBIC YARDS
40 CUBIC YARDS
$94.57-$14948"
$94.57-$14948"
$94.57-$149,48"
COMPACTOR
VARIES
$220.63
"VARIES DEPENDING ON DISTANCE FROM DISPOSAL SITE.
ROll OFF RATES DO NOT INCLUDE DISPOSAL CHARGES - DISPOSAL FEE IS WEIGHED AT
AT LANDFill AND CUSTOMER IS BILLED SEPARATELY FOR DISPOSAL BY THE FRANCHISEE
REINSTATEMENT CHARGE FOR SUSPENDED SERVICE DUE TO NON PAYMENT - $63,04
RECREATIONAL VEHICLE PARKS, MOBilE HOME PARKS AND MOBilE HOME SUBDIVISIONS THAT
CONTRACT TO RECEIVE CURBSIDE SERVICE SHALL PAY THE COMMERCIAL STANDARD
CONTAINER RATE MULTIPLIED BY THE NUMBER OF RENTED OR INDIVIDUAllY-OWNED
RECREATIONAL VEHICLES OR MOBILE HOMES WITHIN SUCH PARK(S) OR SUBDIVISIONS
""NO" ITi
NO. /{,. e.
SEP 2 5 2001
PG. ~
ATTACHMENT
NO.1
PAGE" OF ..
EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREA NO.2
10/01/01 IMMOKALEE DISPOSAL SERVICE COMPANY
BULK CONTAINER COMMERCIAL RATES
RA TES ARE PER MONTH
SIZEI FREQ TOTAL TOTAL TOTAL
CUYD. PER WK COLLECT DISPOSAL NEW RATE
2 1 $ 56.74 $ 15,36 $ 72,10
2 2 $110,96 S 30.70 $ 1"1,.
2 3 $138.69 $ 4605 $ 1U,7" '20.10
2 4 $17020 $ 61.40 $ 231.60 PER PIUP
2 5 $195.41 $ 76.74 $ 272,15
2 6 $214.33 $ 9209 $ 306."2
4 1 $ 88,28 $ 30.70 $ 118,98
4 2 $163.91 $ 61,40 $ 225.31
4 3 . $233.23 $ 92.09 $ 325,32 140,15
4 4 $296.25 $ 122.80 $ "19.05 PER PIUP
4 5 $352.98 $ 153.47 $ 50tU5
4 6 $403.42 $ 184.16 $ 587,58
6 1 $157.60 $ 46.05 $ 203.85
6 2 $233.23 $ 92.09 $ 325,32
6 3 $302,56 $ 138.13 $ 440.89 '110.23
6 4 $365.59 $ 230.22 $ 595,81 PER PIUP
6 5 $422,32 $ 276.24 $ 898,58
6 6 $472.73 $ 27736 $ 750,09
RESTART FEE: S 63.0"
AGlIlOA ITE"
NO. /(. C. /
SEP 2 5 2001
q
PG.
EXECUTIVE SUMMARY
AMEND PROFESSIONAL SERVICES AGREEMENT WITH HAZEN & SA \VYER, P.e.,
FOR ENGINEERING SERVICES RELATED TO THE NORTH COUNTY WATER
RECLAMATION FACILITY, PROJECTS 73031/73067/73077/73950.
OBJECTIVE: To meet the milestone completion dates mandated by the Florida Department of Environmental
Protection (FDEP) April 10,2001 Consent Order for several projects at the North County Water Reclamation
Facility (NCWRF).
CONSIDERATIONS: During the County's recent peak demand season 2000-2001, the NCWRF experienced
several overflow events, which resulted in an FDEP Consent Order. The Consent Order, fully executed by the
Board and the FDEP on April 10, 2001, mandates several key project milestones that must be met. This
amendment includes engineering services to ensure that all of the FDEP deadlines are met as follows:
I, The NCWRF 5-Million Gallons Per Day (MGD) Expansion Liquid Stream treatment components must
be on line by December 1, 200 I. At a special May 8, 200 I meeting, the Board approved additional
construction overtime for the contractor, Project Integration, Inc" to meet the regulatory-imposed
completion date, This item provides additional engineering construction services to administer and
observe the construction work during the extended hours,
2, The Solids Stream (Sludge Dewatering/Sludge Processing) treatment components were removed from
the original construction contract completion schedule. and deferred until after the FDEP-mandated
Liquid Stream is on line. The Solids Stream is not under the Consent Order, and could therefore readily
be deferred, This item provides construction services for the deferred work.
3, The Wastewater Department has requested extensive operational training prior to the NCWRF 5-MGD
Expansion project coming on line, This will ensure proficiency and expertise when the new process
must be operated. This item includes a more extensive training scope than originally negotiated and
awarded,
4, Permitting services for the NCWRF Flow Equalization Tank project has become more detailed, since
previously unknown wetlands were discovered at the location of the proposed tanks while performing
surveying and site assessment services. The result is more permitting effort than originally planned,
5, Since there will be a funding shortfall in FY 02, and in order to fund the NCWRF 30.6-MGD Maximum
Month Average Daily Flow (MMADF) Expansion and NCWRF Flow Equalization Tanks projects, it is
necessary to obtain a low interest, State Revolving Fund (SRF) loan, We will retain the services of
Angie Brewer & Associates, to provide the necessary loan application and administration services to
ensure successful loan acceptance, approval, and maintenance,
6, As a part of the County's good neighbor policy, a new Septage Receiving Station will be constructed to
minimize current odors, The construction contract has been awarded under the Annual FIxed Term
Underground Utility contract. This item includes construction services to complete this facility,
........
This amendment is proposed to be executed with engineering firm, Hazen & Sawyer, P,C, (H&S), because it
incorporates fast-track projects that are subject to regulatory agency mandated completion dates. H&S has
designed the last two expansions at the NCWRF, and has experience with the processes of this facility. H&S
has possession of all of the electronic design documents, which will aid in time and cost efficiency. H&S has
proven to be reliable, has performed satisfactorily, and brings continuity to this project. It is requested that
approval of this Executive Summary shall constitute a waiver of competitive bidding because this waiver is in
the best interests of the County authorized by Subsection V(A)(3) (page 3) of the County's Purchasing Policy,
The scope of each item is more fully detailed in the attached amendment to Professional Services Agreement
scope of services. This amendment is in the amount of $643,000,
.(0(110. IT~
NO. /(,. C.
SEP 2 5 2001
pc. I
Executive Summary
Amend PSA For NC\VRF
Page 2
FISCAL IMP ACT: Funding is available as follows:
. ..... . . . ,-......- ...... .......-.. .............. . ." ........ .-.... . ."..._.._-_..._._...._....._..._~~.__....~...._.._...._.._-,-_.._-.-......-.-......
,~~?i~~!~?'_mmm ....mm m. .. .. ...~~?j~~~.~ ~11l~_ ..m_ mmm'.'_'_'___!:.~_q!,'_,,-'~y-Q?mm
73031 , NCWRF 5-MGD Expansion i $240,000. N/A
,----.----.-.-....-...--'+O--.___.._...._..R._.__...............---.-......................................-..----__..._.---..---.-----....--.-..-----t--___...._.__........._ __ .. '
73067 : NCWRF Septage Receiving Station ' $ 50,000 . . , N/ A -.,
,......,....".73'O.77-'...'.'-NCWRF...F.lo\v .Equallzatlo'n'Tanks-'-.-...-',..----;--N/A'............'[$-30;000-'-...
73950 ..'NCWRF 30,6-MGDmMMADFExpanslon . ...'N/A-'-"t.$323~60o
Totals Per FY For This Amendmeni ..... ......m. "$290;'666-+$353,660
The source of funds for projects 73031, 73077 and 73950 is Impact Fees. The source of funds
for project 73067 is User Fees,
GROWTH MANAGEMENT IMP ACT: 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, amend the Professional Services
Agreement with Hazen & Sawyer, P,c., for additional engineering services for several NC\VRF
projects, Projects 73031/7 306 7/73077/73950.
SlJBMITTED BY:
/)
r ; _G,'I 5:.Mir
Peter Schalt, PMP, Project Manager
Public Ctilities Engineering Department
Date:
9/7/0/
. ,
REVIEWED BY:
/ ,~~/</ I
~_., .' -' ....--.. '^<.-
r ',. . _ ~
Roy'Anderson, P,E" Director
Public Utilities Engineering Department
Date:
>/ c /<, /
I
REVIEWED BY:
~
Date:
q /7/0 J
J e Cheatham, Wastewater Director
Public Works Division
APPROVED BY:
.' / :Y~~
,/ -
..." '"- ,
L_~-.;.....-
James V, Mudd, P,E., Administrator
Public l'tilities Division
Date:
F~o~1
'-. Attachment: Copy of Pro!wscd Amendment to PSA
AGl:NDA IT'-
NO, It. c.. ,
SEP 2 5 ~UUl
PG. J.-
NORTH COUNTY WATER RECLAMATION FACILITY 5-MGD EXPANSION
AMENDMENT NO.9 TO PROFESSIONAL SERVICES AGREEMENT
This Amendment No. 9 to the Agreement dated May 14, 1996 (hereinafter
"AGREEMENT") is made and entered into this day of
20_, by and between, tlle Board of County Commissioners for Collier County,
Florida, a political subdivision of the State of Florida and Governing Board of the Collier
County Water-Sewer District (hereinafter referred to as the "OWNER") and Hazen &
Sawyer, P.C., a New York corporation, authorized to do business in the State of
Florida, whose business address is 2101 Corporate Blvd., Boca Raton, Florida
33431 (hereinafter referred to as the "CONSULT ANT"),
WITNESSETH
WHEREAS, OWNER and CONSULTANT currently have a valid professional
services agreement for the provision of professional services for the NORTH COUNTY
WATER RECLAMATION FACILITY 5-MGD EXPANSION (hereinafter referred to as
"PROJECT"), said services more fully described in said AGREEMENT; and
WHEREAS, OWNER and CONSULTANT agree some modifications 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 and provisions
contained herein, parties agree as follows:
AGl:IIOA I TE"
NO. I ~ Co ...+-.
SEP 2 5 2DD1
PG. ..3
ARTICLE ONE
1 ,1 CONSULTANT shall provide to OWNER professional engineering services in all
phases of the project to which this Amendment applies,
1,2 CONSULTANT shalL provide professional services in addition to those as
outlined in said AGREEMENT as noted in Schedule A of this Amendment, as attached
hereto.
ARTICLE TWO
2,1 OWNER agrees to compensate CONSULTANT for services rendered hereunder
as prescribed in Schedule B, entitled "Schedule of Fees For Basic Services (Schedule B
attachment A), "Schedule of Fees" (Schedule B attachment B) and "Schedule of Fees
For Detailed Observation and Additional Services" (Schedule B attachment C)", as
outlined in said AGREEMENT with the modifications to Attachments A, Band C to said
AGREEMENT which are attached hereto and made a part hereof.
ARTICLE THREE
3,1 The schedule for said Project, shall be as shown in the revised Schedule C as
attached hereto.
AGENOA rTt~
NO. Jf. C
SEP 2 5 2001
Pli. 4-
ARTICLE FOUR
4,1 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 NORTH COUNTY WATER RECLAMATION
FACILITY 5-MGD EXPANSION the day and year first written above,
ATTEST: (As to Chairman)
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A
POLITICAL SUBDIVISION OF THE STATE
OF FLORIDA AND AS EX - OFFICIO THE
GOVERNING BOARD OF THE COLLIER
COUNTY WATER-SEWER DISTRICT
By:
By:
James D, Carter, Ph.D., Chairman
Dwight E. Brock, Clerk
Approved as to form and
legal sufficiency:
/o~ r1-(~
Assistant County Attorney
By:
AGENDA I T'-..
NO. It. (!.
_At.LAL ~P! 'i .
Witness
devu' a 00.6/Y/r~
Witness
SEP 2 5 2001
PG. S
CONTRACT AMENDMENT NO.9 - ADDITIONAL DETAILED OBSERVATION
SCHEDULE A - SCOPE OF SERVICE
NORTH COUNTY WRF 5-MGD EXPANSION
This document is Contract Amendment No, 9 to our original Professional Services Agreement for the
North County Regional Water Redamation Facility 5-MGD Expansion project dated May 14,1996.
A.O DESCRIPTION OF SERVICES
This amendment includes engineering services to cover the following additional services:
1, Detailed construction observation, based on proposed overtime work hours by the contractor to
ensure timely substantial completion of the 5-MGD liquid processing stream,
2. Detailed construction observation, based on an anticipated time extension of the overall
construction period from 25 months to 29 months.
3. Expanded scope of services for operator training associated with the NCWRF 5-MGD
Expansion facilities,
4. Engineering services, including design, bidding, contract administration, detailed observation,
startup/testing and training for the new Septage Receiving Station.
5, Engineering services, including design, bidding, contract administration, detailed observation,
startup/testing and training for an Odor Control System for the Vactor Truck Station,
6, Expanded scope of work associated with SFWMD permitting for the NCWRF Flow Equalization
Facilities.
7, Management services associated with the procurement and administration of State Revolving
Fund loans through FDEP to finance construction of the following projects:
a, NCWRF Flow Equalization Facilities
b, NCWRF Expansion to 30.6 MGD (MMADF)
A,G DETAILED OBSERVATION
A.G.O General
Under the PSA, as currently amended, the CONSULTANT is furnishing a full-time (40 hours per week -
average basis for 25 months) Resident Project Representative, and a full-time (40 hours per week -
average basis for 25 months) Resident Observer to provide detailed construction observation,
A.G.O,1 Contractor's Overtime Schedule
Based on a recent agreement between the OWNER and the construction contractor (reference
Construction Contract Change Order No, 7), it is assumed that the contractor will work 1 (}'hours per day,
Monday through Friday, and 8-hours on Saturdays, which represents an increase in working hours of
approximately 50 percent. This work is deemed necessary by the OWNER to ensure substantial
completion, startup and testing of the new 5-MGD liquid processing stream by December 1, 2001 as
required by DEP Consent Order. This task provides for a corresponding increase in the construction
oversight effort to accommodate the contractor's revised overtime schedule. Considering the overtime
hours and the accelerated construction schedule, the additional construction oversight effort is required
to help detennine whether the provisions of the Contract Documents are being fulfilled and to reasonably
protect OWNER against defects and deficiencies in the work of the Contractor. The increased level of
effort for this item is estimated to be 400 manhours,
A.G,O.2Extension of Construction Period
The original construction contract final completion date was November 22, 2001, The current
construction contract final completion date is January 5,2002, Under agreements between tI e _.. r~.u .. Im.
and the contractor, the construction of sludge thickening and dewatering facilities have bet n d\9~Ffee /" Co:J -
from their original substantial completion dates so that the contractor can concentrate hi eff~~ 5 2001
PG. ~
Collier NCWRF 5-MGD Expansion
Professional Services Agreement (Engineering)
Contract Amendment No. 9
having the new 5-MGD liquid processing stream operational by November 6, 2001, It is anticipated that
the final completion date for the overall project, including sludge thickening and dewatering facilities will
be extended from January 5,2001 until April 2002, Therefore, under this task, the CONSULTANT shall
extend the full-time services of the Resident Project Representative and the Resident Observer from a
peri()d of 25 months to 29 months, or an additional four (4) months. The increased level of effort for this
item is estimated to be 700 manhours each for the Resident Project Representative and the Resident
Observer,
A.7 ADDITIONAL SERVICES
A.7.3 Operator Training
Under the current PSA, the scope of operator training allows for five (5) training sessions, focused
primarily on the new activated sludge, hypochlorite and SCADA systems, The Public Utilities
Department has since requested more extensive training on plant process control and more detailed
training on the new activated sludge/biological nutrient removal process. The increased compensation is
based on doubling the level of effort to ten (10) training sessions,
A. 7.4 Permitting
Under Contract Amendment No.7, the scope for permitting was increased to accountfor obtaining DEP,
SFWMD and SDP permits for the proposed Flow Equalization Facilities, The initial scope of SFWMD
permitting services was to update the NCWRF onsite stormwater retention/management plan and
supporting calculations. Following initial field investigations, it was determined that part of an existing
SFWMD drainage canal that extended into the NCWRF property would have to be filled to provide
adequate land area for the construction of Flow Equalization Facilities, Subsequent investigations by
Collier County environmentalists and private environmental sub consultants determined that the area to
be filled was classified as wetlands, The increased level of effort for SFWMD permitting includes
environmental permitting and wetlands mitigation planning through SFWMD and the U,S, Corps of Army
Engineers.
A. 7.12 SRF Management
The County has elected to procure SRF loan funding for engineering and construction of the NCWRF
Flow Equalization facilities and the NCWRF Expansion to 30.6 MGD (MMADF). Similar services were
provided under this PSA for the NCWRF 5-MGD Expansion. This amendment items provides for
continued SRF Management services for the two new projects referenced above. SRF management
services for each project include preparation of facilities plans, preparation of loan applications,
administration of the loans throughout the construction periods, and coordination/reporting between the
County and FDEP. Scope of services for this item is further outlined in the attached proposals from
Angie Brewer and Associates, Inc,
A.7.20 Septage Receiving Station
Under the NCWRF's existing septage receiving operation, septic haulers discharge from an open hose
through an exposed, above-ground mechanical screen into a drain manhole. The operation releases a
high level of hydrogen sulfide and organic odors. As part of a plant-wide effort to mitigate odors, the
Page 2 of 3
09/03/01
A:\CA9SCHA.doc
AGlIlOA lTE"
NO. I (, ~ ;;1--..
SEP 2 5 Z001
7
PC.
Collier NCWRF 5-MGD Expansion
Professional Services Agreement (Engineering)
Contract Amendment No, 9
Public Utilities Department commissioned the design and construction of a new Septage Receiving
Station, The new station will feature a dosed-pipe design that eliminates the release of foul odors. This
item provides for design, bidding, contract administration, detailed observation, startup/testing and
operator training.
END OF SCHEDULE A
Page 3 of3
09/03101
A:\CA9SCHA.doc
AGENOA ITEM
NO. 1~~:2...
PC.
SEP 2 5 2001
8
COlliER COUNTY
NCWRF 5.MGD EXPANSION
CONTRACT AMENDMENT NO, 9
SCHEDULE B . ATTACHMENT A
FEES FOR BASIC SERVICES
Task Description Original Amend. 1 . 8 Amend, 9 Total
A,1 Design Report $110,000 $127,220 $0 $237,220
A.2 Predesign $585,000 $857,110 $0 $1.442,110
A.3 Final Design $0 $1,898,075 $0 $1,898,075
A.4 Bid Services $0 $76,800 $0 $76,800
A.5 Contract Administration $0 $433.440 $60,000 $493.440
Subtotal $695,000 $3,392,645 $60,000 $4,147,645
9/7/2001 CA9SCHB
2 of 2
HAZEN AND
,.G(NO" ITEM
~~~, P ,C. I' Co ;2..,
SEP 2 5 2001
'f
PC.
COLLIER COUNTY
NCWRF 5-MGD EXPANSION
CONTRACT AMENDMENT NO.9
SCHEDULE B - ATTACHMENT C
FEES FOR ADDITIONAL SERVICES (INCLUDING DETAILED OBSERVATION)
Task Description Oriainal Amend. 1 - 8 Amend. 9 Total
A.6 Detailed Observation $0 $1,089,520 $150,000 $1,239,520
A.7 Additional Services
A,7,1 O&M Manual Update $0 $83,900 $0 $83,900
A.7,2 Operator Training $0 $24,400 $30,000 $54,400
A,7,3 Startup Assistance $0 $30,500 $0 $30,500
A,7.4 Permitting $10,000 $33,000 $30,000 $73,000
A.7,5 Surveying $25,000 $5,000 $0 $30,000
A.7,6 Geotechnical $10,000 $35,000 $0 $45,000
A.7.7 Reproduction $5,000 $15,000 $0 $20,000
A,7.8 Photos $0 $4,000 $0 $4,000
A,7,9 Postage $0 $5,000 $0 $5,000
A.7,10 1-year followup $0 $50,000 SO $50,000
A.7,11 Systems Integration $0 $287,120 $0 $287,120
A.7,12 SRF Management $0 $110,000 $323,000 $433,000
A.7,13 Warranty Period Services $0 $20,000 $0 $20,000
A.7,14 Hypochlorite Design Mods $0 $76,110 $0 $76,110
A,7,15 Odor Control Design Mods $0 $72,500 $0 $72,500
A.7,16 Blower Control Design Mods $0 $6,320 SO $6,320
A.7.17 Partnering $0 $800 $0 $800
A.7.18 VE Review $0 $55,000 $0 $55,000
A,7,19 Indep, Cost Estimates $0 $35,000 $0 $35,000
A.7,20 Septage Receiving Station $0 $0 $50,000 $50,000
Subtotal (Tasks A,6 and A,7)
$50,000
$2,038,170
$583,000
$2,671,170
CA9SCHB9/7/2001
HAZEN AND S
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AG(NI)A IT("
NO. /, c.. ^
SEP 2 5 2001
PG. II
EXECUTIVE SUMMARY
APPROVE TOURISM AGREEMENTS WITH THE CITY OF NAPLES FOR BEACH
MAINTENANCE AND INLET MANAGEMENT PROJECTS
OBJECTIVE: To obtain approval of two Tourism Agreements to enable reimbursement to the
City of Naples for 1) Doctors Pass Inlet Monitoring and 2) South Gordon Drive T-Groin
Monitoring,
CONSIDERATIONS: On April 9, 2001, the Tourist Development Council (TDC) approved
Grant Applications for 1) Doctors Pass Inlet Monitoring and 2) South Gordon Drive T -Groin
Monitoring. (The now defunct Beach Renourishment Committee recommended approval)
FISCAL IMPACT: On September 11,2001 the BCC approved the FY02 TDC Category "A"
projects (agenda item 16,C.13) which include the grant applications covered by these two City of
Naples Tourism Agreements. Funds in the amount of$9,500,OO and $84,934,00 respectively
have been appropriated and are available to reimburse the City of Naples,
GROWTH MANAGEMENT IMP ACT: There is no impact to the Growth Management Plan
related to this action,
REVIEWED BY:
RECOMMENDATION: That the Board of County Commissioners approve the Tourism
Agreements with the City of Naples for 1) Doctors Pass Inlet Monitoring and 2) South Gordon
Drive T -Groin Monitoring and that the Chairman be authorized to execute the Agreements,
SUBMITTED BY: ;1:l*-c.@" Date:
Ron Hovell, P.E" Coastal Projects Manager
Public Utilities Engineering Department
;t /7~
RaJa. Anderson, P,E" Director
publi 1 . ies Engineering Department
/i
- /
-Ji/l :/
/ /
/
Date:
'1 /.~ /
!
APPROVED BY;
Date:
7J;~/
J es V, Mudd, P,E" dministrator
Public Utilities Division
Attachments
-,
cc: Jon Staiger, Ph.D" Natural Resources Manager, City of Naples
AGUIOA I T~
NO. /c.c.
SEP 2 5 2001
pc. /
Book 117 .Page_
Agenda Item 9-e
Meeting of 6/06/01
RESOL~CN 01-9208
A RESOLtrnCN APPROV,tNG A TOlJlU:S1d ~ WJ:TH coLLIER COUNTY ~G1JmmG PElUOOIC
14QN:[TOlUNG OF 00C'l'01lS PASS '!-GRC)IN PRQJEC'.r i APPROVDlG A TOtlRISM ACmEEMEN'r WJ:TH
coI.LD:R COUNTY ilEGJlolU)ING PEEU:OOIC 1dCN1'1'OBING OF 'mE SOUTH GOimON ORJ:VE ,!-GRQm
PROJECT; AND nov:tDING AN D'ftC'rIVE DATE.
~,
the Tourist Development Council has approved the request for
$9,500.00 tg fund monitoring Doctors Pass; a~d '
WHEREAS ,
the Tourist
$84,934.00 to
Project; and
Development Council has
fund monitoring the
approved the
Scu-ch Gordon
request for
Drive T-Groin
NOW, ~Om:, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF NAPLES 1 FLQEUOA:
Section 1.
That the Mayor is authorized to execute a Tourisrr. Agreement with
Collier County regarding monitoring of Doctors Pass T-Groin Projec~,
a copy of which is attached hereto and made a part hereof,
That the Mayor is authorized to execute a Tourism Agree.>nent with
Collier County regarding monitoring the South Gordon Drive T-Groi:1.
Project, a copy of which is attached hereto and rrade a part hereof.
Section 2,
Section 3.
This resolution shall take effect imrnediate~y upon adoption,
PASSED IN OPEN AND REc;uI.AR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,
FLORIDA, THIS 6TH DAY OF JUNE 200L
~a)j~
~ara A, Nor.mtn, City Clerk
M:\REr\COUNCIL\RES\Ol-320B
Approved as !.: form and legality:
~~D I~\~
Beverly GradY, c~y Attor:1.ey
Attest:
-:.
Date filed with City Clerk:
"7 /;~/tv'
AGENOA ITE"
NO. /(,C-.3
SEP 2 5 2001
PG. e:L
2001 TOURISM AGREEMENT
BETWEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING MONITORING OF DOCTORS PASS
TIDS AGREEMENT, is made and entered into this _ day of ,2001,
by and between the City of Naples, hereinafter referred to as "GRANTEE" and Collier County, a
political subdivision of the Sta~ of Florida, hereinafter referred to as "COUNT~',"
RECITi\LS:
\VHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to
as "Plan") funded by proceeds from the Tourist Development Tax; and
WHEREAS, Plan provides that certain of the revenues generated by the Tourist
Development Tax are reserved for beach renourishment and pass maintenance projects within
Collier County; and
\VHEREAS, GRA.NTEE has applied to the Tourist Development Tax Council and the
Board of County Commissioners to use Tourist Development Tax funds for management of
Doctors Pass, specifically for monitoring the Pass in compliance with the adopted inlet
management plan; and
WHEREAS, COUNTY desires to fund the Doctors Pass monitoring project proposed by
the GRANTEE.
NOW, THEREFORE, BASED UPON THE MUTUi\L COVENANTS AND PREMISES
PROVIDED HEREIN, Ai"\fD OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal
outlining the pass maintenance project to be accomplished, along with a project budget, as part
of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit
"A." GRA.,,"J"TEE shall provide the project activities outlined in the PROPOSAL within the
budgeted amounts provided in the PROPOSAL, GRANTEE shall not be reimbursed for any
expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those
provided in the PROPOSAL unless an amendment to this Agreement is entered into by
GRANTEE and COUNTY,
2, P A YME:\T A:\"D REIMBURSEMENT: The maximum reimbursement under
this Agreement shall be Nine Thousand Five Hundred Dollars ($9,500). GRA.NTEE shall be
AGEHOA ITE"
NO. /(.. c.....3
SEP 2 5 20Dt
PIi. ..3
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,
GRANTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee. The County Administrator or
his designee shall determine that the invoice payments are authorized and the goods or ; ervices
covered by such invoice have been provided or performed in accordance with such authorization,
The line item budget attached as Exhibit "A" shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement,
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt
of goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments, COUNTY shall not pay GRANTEE until the
Clerk of the Board of County Commissioners pre-audits payment invoices in accordance with
the law,
GRA.....1'\TEE shall be paid for its actual cost not to exceed the maximum amount budgeted
pursuant to the attached Exhibit "A",
3, ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof,
4. INSURANCE: GRA~TEE is required to submit a Certificate of Insurance
naming Collier County, and its Board of County Commissionerc; and the Tourist Development
Council as additionally insured, The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General Liability
Insurance for no less than the following amounts:
BODIL Y INJURY LIABILITY - $300,000 each claim per person
PROPERTY DAMAGE LIABILITY - $300,000 each claim per person
AGENOA ITE"
NO. / (. C 3
SEP 2 5 2001
PG. 4-
2
PERSONAL INJURY LIABILITY - $300,000 each claim per person
WORKER'S COMPENSATION AND E!\1PLOYERS' LIABILITY - Statutory
The Certificate of Insurance must be delivered to the County Administrator or his
designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not
commence activities that are to be funded pursuant to this Agreement until COUNTY has
received the Certificate ofInsurance,
5. CHOICE OF VENDORS AND FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide services as described in Section 1. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of contractors or
vendors, GRANTEE agrees to disclose any relationship between GRA.NTEE and the
subcontractors or vendor, including, but not limited to, similar or related employees, agents,
officers, 'directors and/or shareholders, COUNTY may, in its discretion, object to the
reasonableness of expenditures and require repayment if invoices have been paid nnder this
Agreement for unreasonable expenditures, The reasonableness of the expenditures shall be
based on industry standards,
6. INDEMNIFICA nON: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed therennder. This provision
shall also pertain to any claims brought against COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them, GRA..."l\J"TEE'S obligation under this provision shall not be limited
in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S
limit of, or lack of, sufficient insurance protection,
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:
Jon C. Staiger, Ph.D" Natural Resources Manager
City of Naples
735 8th Street South
Naples, Florida 34102
AGENOA ITEM
NO, I c.G 3
SEP 2 5 2001
PG. S
3
-
All notices from GRANTEE to COlJNTY shall be in writing and deemed duly served if mailed
by registered or certified mail 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,
9. TER...MINATION: 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 COUNTY 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,
10, GE"N"ERAl ACCOlJNTING: 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 GRANTEE 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.
AG[IlOA In"
NO. I'-C-3
SEP 2 5 2001
PG. t,
4
13, TERM: This agreement shall become effective on 01 October 2001 and shall
remain effective until the earliest of 30 September 2002 or sixty (60) days after completion of the
project described in Exhibit "A."
14, AMENDMENTS: This Agreement may only be the amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
15, 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
COLLIER COUNTY, FLORIDA
BY:
James D. Carter, Ph.D., Chairman
\V1TNESSES:
GRANTEE'
CITY OF NAPLES
(1)
Printed/Typed Name
(2)
(,
Printed!Typed Name
(Corporate Seal)
~ (': ir Manalich
ssistant County Attorney
..b ~.. .
~~ and legality
,City Attorn~
~: /j~tJYJ(ffl1UI1J
~fM4L
Approved as to form and
Legal sufficiency:
JCS\Wordata\MBTDAC\2001 monitoring tourist agreement.doc
AG€HQ,. ITEM
NO. 1'- ~ 3
SEP 2 5 2001
Pl). 7
5
Exhibit "A"
AGEHOA ITEM
NO. I~e 3
SEP 2 5 2001
~G. 8
~~~~
i~~1\
.~(~{ 0."'. }'6'
~. ...\ GU," ltl
. ~-/J:
~~?~
NA.TURAL RESOURCES MANAGEMENT
735 8TH STREET SOUTH, NAPLES, FL 34102
941-213-1030 Sun com 717-1030
FAX NO, 941-213-1033
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUSE: Collier Cour.ty Tourist Development Co~ncil
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Reaues~ Recorrmenda~ion
The attached re~~est for TDC Category A runcln;, s~bmitted ~y
the Ci~y of Naples
to be used for ~oni~~ring Doctors Pass in com?liance wi~h
.....
......~'1e
Doc~ors Pass I~le~ ~a~a?ement Plan
is recommended to ce:
Approved as submitted.
Approved with the following changes:
Deferred ~o:
Disapproved,
Comments:
lig, Chc.l;T.na
I
JCS/Wo::::la1:a/Beach Co!:"m:..-::-::e=/~- :u::d::.ng approval form. doc
Date 01 March 2001
AG[HOA ITE~
NO. /(.. Co
SEP 2 5 2001
PG. 't
-. ".,",......"'-~.".._.,,',..""'''~,.,._, ..._~-",;,,~
Collier County Tourist Development Council
Grant Application
Page 1
ExmBIT A
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach improvement, maintenance renourishment,
restoration and erosion control, including pass and inlet management.)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator
3301 East Tamiami Trail
Naples, FL 34112
1, Name and Address of Applicant Organization:
City of Naples
735 Eighth Street South
Naples, FL 34102
2. Contact Person, Title and Phone Number:
Dr. Jon C, Staiger
Natural Resources Manager
941-213-1030
3. Organization's Chief Official and Title:
Bonnie MacKenzie, Mayor
4, Brief Project Description:
To monitor Doctors Pass semi-annually to track need for
maintenance dredging,
AGEIlOA ITE.. ~
NO. /'- c.. ,
SEP 2 5 2001
PG. /0
Collier Count)' Tourist Development Council
Grant Application
Page 2
5.
Estimated project start date:
October 1,2001
6,
Estimated project duration:
One Year
7.
Total amount requested:
$9,500.00
8. If the full amount requested cannot be awarded, can the program / project be
Restructured to accommodate a smaller award?
Yes
No
x
9. Identify the goals and objectives for the project:
To monitor depth in the inlet system and its approaches in order to schedule periodic
Dredging and to satisfy the long-term permit conditions.
10. Describe what benefits will be received from the project:
Navigability into the Moorings Bay System is assured and an annual average of
10,000 cu. yds, of sand is bypassed into the beach to the south,
11. Desc~ibe how the effectiveness of the project will be evaluated:
Standard survey technology
12. Describe ho,,' the project enhances existing County Tourist Development
programs:
It helps maintain the only inlet into the 3-mile long Moorings Bay System,
13. Describe how financial resources will be monitored.
Standard City of~aples Finance Department project management and
accounting procedures.
AGENOA ITE" 2
NO. It. C. Q
SEP 2 5 2001
PG. 1/
Colliel. County Tourist Development Council
Grant Application
Page 3
14. Please complete the following questions and provide additional information, if
necessary:
· Does the proposed expenditure further the objectives outlined in the Mission
Statement?
Yes (X)
No ( )
· Does the proposed expenditure fairly distribute monies to different geographic
areas of the County?
Yes (X)
No ( )
· Does the proposed expenditure promote environmental awareness and
understanding and does the proposed project address environmental
considerations?
Yes (X)
No ( )
· Is the proposed project part of the ongoing Collier County beach restoration
project and/or pass maintenance/dredging/management projects?
Yes (X)
No ( )
· Is the proposed project required by a regulatory agency as a condition for
approval/funding the Collier County beach restorations projects?
Yes (X)
No ( )
· Will the proposed project contribute significantly to the progress of the beach
restoration projects?
Yes (X)
No ( )
· Will the project decrease the local cost share of an overall beach restoration
project, either by decreasing the total project cost or by increasing the local/non-
local ratio?
Yes (X)
No ( )
· 'ViII the project decrease the local cost share of an overall beach restoration
AGENOA ITEM
NO. /(,. C!. .3
SEP 2 5 2001
PG. /;2-
Collier County Tourist Development Council
Grant Application
Page 4
project, either by decreasing the total project cost or by increasing the 10caIJ
non-local ratio?
Yes ( )
No (X)
· Will the project improve understanding of alternative technologies that may
contribute to a cost-effective beach restoration project?
Yes ( )
No (X)
· Is there a potential for an alternative/matching funding source?
Yes (X)
No ( )
If "Yes", please identify
Florida DEP
· Is the project consistent with the Collier County Growth Management Plan
and/or standing Board of County Commission action?
Yes (X)
No ( )
· Has the project been reviewed and recommended by the Beach
RenourishmentlMaintenance Advisory Committee?
Yes. Meeting of 01 March 2001
I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my
organization will comply with all guidelines and criteria.
Date: 3 f .sf 7,00 l
*Director of Office of Capital Projects Management authorized to sign Category "A"
applications on behalf of the Chairman of the Board of County Commissioners. Approved
by Board of County Commissioners on August 24, 1993, Agenda Item 16 (H)(2).
AGENOA ITE~
MO. /(, C.
SEP 2 5 2001
PG. , 3
Collier County Tourist Development Council
Grant Application
Page 5
PROJECT BITDGET
Semi-annual monitoring:
Labor and overhead
$ 7,000,00
Vessel, survey fathometer,
Precision position, etc.
1,700,00
Contingency
800.00
Total
9,500,00
AG(ItOA IT::3
NO. I~c...
SEP 2 5 2001
PG. j4j.
Book 117 . Page_
Agenda Item 9-e
Meeting of 6/06/01
RESOLUTION 01-9208
A RESOLUTION APPROVING A TOURISM AGREEMENT WITH COLLIER COUNTY REGARDING PERJ:ODIC
MONITORING OF DOCTORS PASS T-GROIN PROoJECT; APPROVING A TOURISM AGREEMENT WITH
COLLIER COON'l'Y REGARDING PERIODIC MlJN:[TORING OF THE SOUTH GOlUX>N DRIVE T-GROI:N
PRO.JECT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS ,
the Tourist Development Council has approved the request for
$9,500.00 ~o fund monitoring Doctors Pass; and
WHEREAS ,
the Tourist Development Council has approved the request for
$84,934,00 to fund monitoring the South Gordon Drive T-Groin
Project; and "
NOW, 'l'HEREFO~ I BE IT ~SOLVED BY THE COUNCIL OF THE CITY OF NAPLES, FLORIDA:
Section 1.
That the Mayor is authorized to execute a Tourism Agreement with
Collier County regarding monitoring of Doctors Pass T-Groin Project,
a copy of which is attached hereto and made a part hereof,
Section 2,
That the Mayor is authorized to execute a Tourism Agreement with
Collier County regarding monitoring the South Gordon Drive T-Groin
Project, a copy of which is attached hereto and made a part hereof,
Section 3,
This resolution shall take effect immediately upon adoption.
PASSED IN OPEN AND ~GULAR SESSION OF THE CITY COUNCIL OF THE CITY OF NAPLES,
FLORIDA, THIS 6TH DAY OF JUNE 2001.
I
Attest:
and legality:
T~l(f:t~lerk
M:\REF\CQUNCIL\RES\Ol-9208
Date filed with City Clerk:
"7 ;'l~/tV
AGENOA ITE"
NO. Ie. c.. 3
SEP 2 5 2001
PG. IS
2001 TOURISM AGREEMENT
BET\VEEN COLLIER COUNTY AND THE CITY OF NAPLES
REGARDING MONITORING OF THE SOUTH GORDON DRIVE T-GROIN
INST ALLA nON
THIS AGREEMENT, is made and entered into this _ day of ,2001,
by and between the City of Naples, hereinafter referred to, lS "GRANTEE" and Collier County, a
political subdivision of the State of Florida, hereinafter referred to as "COUNTY"
~CITALS:
\VHEREAS, COUNTY has adopted a Tourist Development Plan (hereinafter referred to
as "Plan") funded by proceeds from the Tourist Development Tax; and
\VHEREAS, Plan provides that certain of the revenues generated by the Tourist
Development Tax are reserved for beach renourishment and pass maintenance projects within
Collier County; and
WHEREAS, GRANTEE has applied to the Tourist Development Tax Council and the
Board of County Commissioners to use Tourist Development Tax funds for management of
Gordo~ Pass, specifically for monitoring the South Gordon Drive T -Groin project; and
WHEREAS, COUNTY desires to fund the South Gordon Drive T-Groin monitoring
project proposed by the GRANTEE.
NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PRE~lISES
PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY
AGREED AS FOLLOWS:
1. SCOPE OF WORK: GRANTEE prepared a detailed application and proposal
outlining the pass maintenance project to be accomplished, along with a project budget, as part
of the grant application process, hereinafter referred to as "PROPOSAL," attached as Exhibit
"A." GRANTEE shall provide the project activities outlined in the PROPOSAL within the
budgeted amounts provided in the PROPOSAL. GRANTEE shall not be .reimbursed for any
expenditures not included in the PROPOSAL nor be reimbursed for amounts in excess of those
provided in the PROPOSAL unless an amendment to this Agreement is entered into by
GRANTEE and COUNTY.
2, PA Th1ENT AND REIMBURSEMENT: The maximum reimbursement under
this Agreement shall be Eighty Four Thousand Nine Hundred Thirty Four Dollars ($84,934).
AGENOA ITEM
NO. /<.C.3
SEP 2 5 2001
PG. /~
GR.i\NTEE 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,
GR.i\NTEE shall determine that the goods and services have been properly provided, and
shall submit invoices to the County Administrator or his designee, The County Administrator or
his designee shall determine that the invoice payments are authorize1 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 "1\." shall constitute authorization of the expenditure
described in the invoices provided that such expenditure is made in accordance with this
Agreement,
Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit
thereof and shall be supported by copies of corresponding vendor invoices and proof of receipt
of goods or performance of the services invoiced. GRANTEE shall certify in writing that all
subcontractors and vendors have been paid for work and materials from previous payments
received prior to receipt of any further payments, COUNTY shall not pay GRANTEE until the
Clerk 9f the Board of County Commissioners pre-audits payment invoices in accordance with
the law,
GRA,NTEE shall be paid for its actual cost not to exceed the maximum amount budgeted
pursuant to the attached Exhibit "A",
3. ELIGIBLE EXPENDITURES: Only eligible expenditures described in Section 1
will be paid by COUNTY. Any expenditures paid by COUNTY which are later deemed to be
ineligible expenditures shall be repaid to COUNTY within 30 days of COUNTY's written
request to repay said funds. COUNTY may request repayment of funds for a period of up to one
year after termination of this Agreement or any extension or renewal thereof.
4. INSURANCE: GRANTEE is required to submit a Certificate of Insurance
naming Collier County, and its Board of County Commissioners and the Tourist Development
Council as additionally insured. The certificate must be valid for the duration of this Agreement,
and be issued by a company licensed in the State of Florida, and provide General Liability
Insurance for no less than the following amounts:
BODIL Y INJURY LIABILITY - $300,000 each claim per person
PROPERTY DAMAGE LIABILITY - $300,000 each claim per person
AGENOA IT["
NO, /C.C-3
SEP 2 5 2001
17
PG.
2
PERSONAL INJURY LIABILITY - $300,000 each claim per person
WORKER'S COMPENSATION AND EMPLOYERS' LIABILITY - Statutory
The Certificate of Insurance must be delivered to the County Administrator or his
designee within ten days of execution of this Agreement by COUNTY. GRANTEE shall not
commence activities that are to be funded pursuant to this Agreement until COUNTY has
received the Certificate of Insurance,
5, CHOICE OF VENDORS AND, FAIR DEALING: GRANTEE may select
vendors or subcontractors to provide servic~s as described in Section I. COUNTY shall not be
responsible for paying vendors and shall not be involved in the selection of contractors or
vendors, GRANTEE agrees to disclose any relationship between GRANTEE and the
subcontractors or vendor, including, but not limited to, similar or related employees, agents,
officers, directors and/or shareholders, COUNTY may, in its discretion, object to the
reasonableness of expenditures and require repayment if invoices have been paid under this
Agreement for unreasonable expenditures, The reasonableness of the expenditures shall be
based on industry standards.
6, INDE1vfNIFICATION: The GRANTEE shall hold harmless and defend
COUNTY, and its agents and employees, from any and all suits and actions including attorney's
fees and all costs of litigation and judgments of any name and description arising out of or
incidental to the performance of this Agreement or work performed thereunder. This provision
shall also pertain to any claims brought against COUNTY by any employee of the named
GRANTEE, any subcontractor, or anyone directly or indirectly employed or authorized to
perform work by any of them, GRANTEE'S obligation under this provision shall not be limited
in any way by the agreed upon Agreement price as shown in this Agreement or the GRANTEE'S
limit of, or lack of, sufficient insurance protection,
7. NOTICES: All notices from COUNTY to GRANTEE shall be in writing and
deemed duly served if mailed by registered or certified mail to GRANT:j:.E at the following
address:
Jon C, Staiger, Ph,D" Natural Resources Manager
City of Naples
735 8th Street South
Naples, Florida 34102
AGENOA lTE"
MO. /Gc. 3
SEP 2 5 2001
PG. If
3
All notices from GRANTEE to COUNTY shall be in writing and deemed duly served if mailed
by registered or certified mail 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.
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 COUNTY 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,
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 fmal payment under this Agreement, have
,
access to, and the right to examine and photocopy any pertinent books, documents, papers, and
records of GRANTEE involving transactions related to this Agreement.
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.
AGlNDA ITE"
NO. /C, C. 3
SEP 2 5 2001
PG. _ t1..u
4
13. TERM: This agreement shall become effective on 01 January 2001 and shall
remain effective until the earliest of 30 June 2002 or sixty (60) days after completion of the
project described in Exhibit "A."
14, AMENDMENTS: 1bis Agreement may only be the amended by mutual
agreement of the parties and after recommendation by the Tourist Development Council.
15, 1bis 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
COLLIER C01.JNTY, FLORIDA
BY:
James D, Carter, Ph.D., Chairman
WITNESSES:
GRANTEE
CITY OF NAPLES
(1)
Printed/Typed Name
(2)
BY:
Bonnie R. MacKenzie, Mayor
r
PrintedfTyped Name
(Corporate Seal)
Approved as to form and
Legal sufficiency:
o Manalich
sistant County Attorney
Ap~~ as to fo~ and legality
Sy:-I~r.ru. r~
,City Attorne~
1:, ~ (.l1iid.' m~9ffl1P?-
JCSIWordata\T-Groin project\2001 monitoring touri~mentdoc
AGOOA ITUI
NO. /(, c.. 3
SEP 2 5 20m
PG . ...2 c?
5
Exhibit "A"
AGENOA ITEM
~. It,. a.. 3
SEP 2 5 2001
PG. .:11
I?~~~
wr~
~i~~ O-;-T~ \t:\~.
'<"\ 6U," if!:
'~\..:::::--4s. If
~-=jJ#
~~ ;-~
NATURAL RESOURCES MA1VAGEMENT
735 8TH STREET SOUTH, NAPLES, FL 34102
94]-213-]030 Sun com 717-1030
FAX NO, 941-213-1033
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishrnent and Pass Main~enance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by
the City of Naples
~o be used for monitoring the South Gordon Drive T-groin p~~ject
is recommended to be:
Approved as submi~ted,
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Date 01 March 2001
JCS/Wordata/Beach COmmittee/TDe funding approval form. doc
AG(NOA ITEM
NO. 1(.. C. 3
SEP 2 5 2001
PG. dl ~
Collier County Tourist Development Council
Grant Application
Page 1
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach improvement, maintenance renourishment,
restoration and erosion control, including pass and inlet management.)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
City of Naples
735 Eighth Street South
Naples, FL 34102
2. Contact Person, Title and Phone Number:
Dr. Jon C. Staiger
Natural Resources Manager
941-213-1030
3, Organization's Chief Official and Title:
Bonnie MacKenzie, Mayor
4, Brief Project Description:
To monitor the South Gordon Drive T -groin field in compliance
With the FDEP and Corps of Engineers permits.
-"'__.'"",'0."_";""'"<'.'."'''.''''''..''"' '"'...,;....;."..""'..,,,.,',,"",,",",,""~..',,."",.,.-.
EXIDBIT A
AGENOA IT~
NO. 1(, c..
SEP 2 5 200t
PG. ;l3
Collier County Tourist Development Council
Grant Application
Page 2
5.
Estimated project start date:
October 1. 2001
6.
Estimated project duration:
1 year
7.
Total amount requested:
$84,934,00
8. If the full amount requested cannot be awarded, can the program / project be
Restructured to accommodate a smaller award?
Yes
No
x
9. IdentifJr the goals and objectives for the project:
To monitor the beach in the vicinity of then new T-groin and rebuilt wood f!roins to
determine their benefits and insure that anv impacts are rectified,
10. Describe what benefits will be received from the project:
The T-groins represent an innovative technology that has applications elsewhere in SW
Florida.
11. Describe how the effectiveness of the project will be evaluated:
The permits establish criteria for project success in terms of shoreline stability and sand
accretion on erosion,
12. Describe how the project enhances existing County Tourist Development
programs:
It is an innovative means of holding sand on the County's beaches,
13. Describe how financial resources will be monitored.
Standard City of Naples Finance Department project management and accounting
procedures,
AGlIIGA ITE~
NO. /(. Co
SEP 2 5 2001
PG . 0.21./-
Collier County Tourist Development Council
Grant Application
P~ge 3
14. Please complete the following questions and provide additional information, if
necessary:
. Does the proposed expenditure further the objectives outlined in the Mission
Statement?
Yes (X)
No ( )
. Does the proposed expenditure fairly distribute monies to different geographic
areas of the County?
Yes (X)
No ( )
. Does the proposed expenditure promote environmental awareness and
understanding and does the proposed project address environmental
considerations?
Yes (X)
No ( )
. Is the proposed project part of the ongoing Collier County beach restoration
project and/or pass maintenance/dredging/management projects?
Yes (X)
No ( )
. Is the proposed project required by a regulatory agency as a condition for
approval/funding the Collier County beach restorations projects?
Yes (X)
No ( )
. Will the proposed project contribute significantly to the progress of the beach
restoration projects?
Yes (X)
No ( )
. Will the project decrease the local cost share of an overall beach restoration
project, either by decreasing the total project cost or by increasing the local/noll-
local ratio?
Yes (X)
No( )
. ~Till the project improve understanding of alternative technologies that may
contribute to a cost-effective beach restoration project?
Yes (X)
No( )
AG[IIOA IT("
NO. It-C-3
SEP 2 5 2001
.;1.5"
PG.
Collier County Tourist Development Council
Grant Application
Page 4
. Is there a potential for an alternative/matching funding source?
Yes (X) No()
If "Yes", please identify Florida DEP
& Is the project consistent with the Collier County Growth Management Plan
and/or standing Board of County Commission action?
Yes (X)
No ( )
. Has the project been reviewed and recommended by the Beach
RenourishmentlMaintenance Advisory Committee?
Yes, Committee meeting 0[01 March 2001
I have read the Beach Renourishment and Pass Guidelines and criteria and agree that my
organization will comply with all guidelines and criteria.
(
Signature of Organization's
Date: 3ft? / to {
*Director of Office of Capital Projects Management authorized to sign Category" A"
applications on behalf of the Chairman of the Board of County Commissioners. Approved
by Board of County Commissioners on August Z4, 1993, Agenda Item 16 (H)(2).
Collier County Tourist Development Council
Grant Application
P3;ge 5
PROJECT BUDGET
A. 18 month survey (1.5 yrs. after project completion)
1, Surveys
2, Data reduction/analysis
3. Report preparation
4. Compaction testing
5, Liaison with potentially-affected parties
Subtotal
B, 24 month survey C years after project completion)
1. Surveys
'2, Data reduction/analysis
3. Report preparation
4. Compaction testing
5. Liaison with potentially-affected parties
Subtotal
c.
Contingency fill placement *
Total
*Only need if certain permit thresholds are exceeded,
See appended letter and memo
$2,980.00
3,150.00
7,670.00
1,955,00
2,242,00
$17,997.00
$10,840.00
4,230,00
7,670.00
1,955.00
2,242.00
$26,937,00
40,000.00
$84,934.00
AGOOA 1 TEM
NO. It. c. ......3
SEP 2 5 2001
pc.
HUMISTON
& MOORE
ENGINEERS
COASTAL
ENGINEERING OE:>IGN
AND "fRMITTIN(j
5b79 STlW>lO COUI~T lJNr7 I 10
No'IPl..ES. F10R1o-. ~ I 10
F/lJ(.. 94 I ffl 1025
PHO'IIE: "1 5... ZOn
February 22, 2001
Dr. Jon Staiger, NllturaJ Resources Manager
CIty of Naple.
735 Eighth Street South
Naples, FL 34102
Re: Contract Amendment for Project Monitoring 200112002
South Gordon Drive Beachfront T -Groin Project
HM File No. 9-062
Sent'via Facsimile
W&~rnl:Q) 1
FEB 2 2 2001 !
#PIDes __ _. .. _ .
Dear Jon,
As a follow up to our recent discussion, we are providing you with this proposal to amend
our contract for professional services to include the second year of monitoring and
reporting requirements associated with your State Department of Environmental Protection
permit for the referenced project above.
A description of the proposed monitoring services is provided below. We have provided an
estimated cost for each category as well as a total not to exceed amount. We have
'structured this agreement In this manner at the direction of the City staff and will be billing
on a time and materials basis in accordance with our attached fee schedule dated January
1, 2001,
Basic Services
A, 18-Month Monitoring (Lumo Sum)
1.
2,
3,
4,
5.
Beach and hydrographic survey, 37 wading depth)
Data reduction and analysis.. ..... '...,..........., ..... ,.,.. ..,........ . d........ .........',
Report ......, d........,'.,........' ,.,. ....,..,........'..... ,..,...,...,.."..."......,......... ,......
Compaction.............,"',.... ..... ..,.,....,......','... ....,.....,.',,'....,......,.........,......
Coordination with adjacent property owners and their engineer ...,.........
$2,980,00
$3,' 50,00
$7,670,00
$1,955,00
$2,242.00
Subtotal for Task A: ,...,... ..... '........ ......... .',................. .....................' ,.".'....... .....' $17,997,00
B. 24-Month Monitorino (Lumo Sum)
6, Beach and hydrographic survey, (.23 offshore profiles,
14 wading depth) '. ........ ........ ....,.............. '... ........ '...........,............ ,.,.... $10,840.00
7, Oats reduction and analysis.. '... ..'....... ...........' ,..,.."...,."". ,.,.. ".,.. "......... $4.230.00
8, Report ...."............,..........,.....,.....,.................,..'.............."............,...,.... $7,670,00
9, Compaction....".... .........,.. ..... ,.......... ..... ......... ....,...............".,..........,...... $1.955,00
1 0, Coordination with adjacent property owners and their engineer ........... $2.242,00
Subtotal for Task B: ,.....,.., ,.......,..' '.....,.., ,.... ..,........,......,. ..'"".,..,.' ..'...... ......,.... $26,937.00
AGENOA nUl
NO. nil e. 3
SEP 2 5 2001
PG. .:1.1
1 of 2
Subtotal for Task 8: .. ........ ................ ................ ...... ........ ....... ............... .............. $26,937.00
T ota! for Basic Services...................................... .... ......... ........."................. ....... $44,934.00
Additional Services
C. Contingency FlII Placement (T&M)
11. Full Survey, If needed, .. ................ ..... ...... ........ ................... ................... $10,820.00
12. Analysis and administration of fill placement, construction
observation, wading depth surveys for post fill and payment review....... $8,650.00
Subtotal for Task C: ..... .............. ....., "," ........................,...............................,...... S 1 9,470.00
Contingency, 10% for meetings with City, presentation to City or Beach
Committee. and DEP (T&M) ...... ............... ........ ............. ..., ............. ........$6,400. 00
Total for A, 8 C and 10% contingency:............................................................... S70 804 OQ
We recommended budgeting additional funding of $20,000 for contingency fill placement
on the downdrift shoreline (1000 cy at $15/yd, plus site access restoration) and within the
structures, if deemed necessary by pennit conditions and monitoring results.
FiIJ placement of 1,000 cy at $15/yd plus site restoration
Budget Total:
S20.000.00
S90 804 00
In summary we recommend a budget of $44,934 for basic services and an additional
$45,870.00 for contingency surveys and fill placement. Based on the current performance
of the structures. we do not believe the contingency items wit! be required.
We propose to provide services under Tasks A and B as lump sum and the remaining
tasks as time and materials in accordance with the attached fee schedule dated January 1,
2001, included as part of this letter of agreement. Should services be requested which
extend beyond the scope of services referenced above, such services will be provided as
Additional Services in accordance with the referenced fee schedule and general
conditions.
Should you have any questions regarding this agreement, please call.
Sincerely yours,
HUMIST
Brett D. Moore, P.E.
Attachments
AGENOA ITE"3
NO. It. C
2 of 2
HUM',I(JN a. Moon. oIl/GINEEIlS' N"'PUS. fLOfllD.I\
SEP 2 5 2001
.:2..9
PG.
HUMISTON
& MOORE
ENGINEERS
COAHAl
!!NGINH RING OrSlC,N
AND PERM/T,TING
5619 STAAND CQUIrT, UNiT' 10
NotV>LES, FLORJoA 311 10
~ 9.q I 5~ ;0:15
PHONE: HI "..t ;ZO,'lI
'February 22, 2001
MEMORANDUM
To: Jon Staiger
Fr: Brett D, Moore
Re: Naples T -Groin Project Monitoring
HM File No. 9-062
Listed below are the requirements for the project monitoring associated with the T-groins at
the south end of Gordon Drive,
Year Timing from Survey Report Conti ngency Status Comments
construction Tvoe Reaulred Survey
2000 Pre-constr Full No No Completed None
512000 Post-constr Full No No Completed None
1112000 8-month Full Yes No 50% Completed
survey 2/01
512001 12-month Full Yes No N1A N/A
'112001 18-month Wadino Yes Ves N/A NJA
5/2002 24-month Full Yes No N/A N/A
1112002 3[)..month Wadlno No .Yes N/A N/A
5/2003 36-month Full Yes No NJA N/A
'112003 42-month Wadlno No Yes N/A N/A
5/2004- 48-month Full Ves No N/A NJA
11/2004 54-month Wadlno No Yes N/A NJA
5/2005 eO-month Full Ves No N/A NJA
The "Full- sUNey referenced above involv8s hydrographic surveying of 23 offshore profiles
plus 14 wading depth surveys.
The "Wading" survey is all done from the uplands for 37 profiles to a wading depth of
approximately 4 feet NGVD.
The contingent survey is a full survey in case there are apparent impacts from the project
to the downdnft shoreline based on the wading depth survey.
The reporting evaluates the ongoing performance and evaluation of the project and will
determine if there is a need for sand plac::ement on the downdrift area.
, 1 of 1
I
EXECUTIVE SUMMARY
STATUS OF NEAR-TERM CAPACITY IMPROVEMENTS AT THE SOUTH
COUNTY WATER RECLAMATION FACILITY, PROJECT 73128
OBJECTIVE: To provide additional treatment capacity at the South County Water
Reclamation Facility (SCWRF) in advance of peak season 2002.
CONSIDERATIONS: On May 22,2001, agenda item l6(C),9), the Board waived formal
competition and authorized the Utilities Division Administrator to execute the necessary
agreements and purchases to fast-track capacity-related improvements at the South County
Water Reclamation Facility in preparation for peak season 2002.
The near-term capacity improvements are on-schedule to be completed by January 2002.
However, the original construction cost estimate provided to the Board underestimated the
cost to perform the work. Staff and our Consulting Engineers (Hole Montes) worked
together to negotiate the construction cost with our Contractor (Mitchell & Stark
Construction Co., Inc.) Staff saved the cost of sales tax on a direct purchase of an odor
control system in the amount of $266,200. The current estimated cost is as follows:
Engineering Design - Aeration
Access Road Improvements
Construct Aeration
Construct Flow Equalization
Original
Estimated
Cost
65,000
o
650,000
1,440,000
$2,155,000
215,500
$2,370,500
Sub-total
Contingency (10%)
Total
Current Difference
Estimated
Cost
64,000
50,809
475,000
3,703,301
$4,293, 110
429.311
$4,722,421 $2,351,921
The original cost estimate was too low. Tank foundation work was under-estimated because
of unforeseen soil conditions. Diverting flow to the proposed flow equalization tank was
under-estimated because of unanticipated mechanical/electrical work to modify the existing
preliminary treatment structure.
Access road improvements were needed to facilitate construction traffic. This work was
planned to be performed under a separate contract as part of the upcoming plant expansion.
Work to improve the access road was moved to this contract to accommodate construction
traffic for the near-term improvements, and also, the upcoming expansion to follow.
FISCAL IMPACT: Insufficient funds are available in FYOI budget to complete the near-
term capacity improvements. A budget amendment is needed to transfer funds in the amount
of $2,352,000 from Sewer Impact Fee Capital fund (413) reserves to project 73128, SCWRF
Flow Equalization. Source of funds is Sewer Impact Fees.
AGENDA I'f'f;.r,l
No. ~G~G~
SEP 2 5 2001
Pg. t
Executive Summary
Status of Near-Term Capacity Improvements at SCWRF
Page 2
GRO\VTH MANAGEMENT IMP ACT: Increasing capacity to accept and treat
wastewater in the South Sewer Service Area is consistent with CrE 916 of our Gro\\1h
Management Plan, and also, our 201 (Wastewater) Master Plan Update adopted by the Board
on July 22, 1997, agenda items 12(C)(4) and 12(C)(5).
RECOMMENDATIONS: That the Board of County Commissioners, uS the Ex-Officio
governing board of the Collier County Water-Sewer District, approve the necessary budget
amendment.
SUBMITTED BY:
~{. .,,-'1/ "" jL Date: ti/I'; /{; I
Karl W. Boyer, P.E., tilities Engineering Senior Project Manager
REVIEWED BY:
lJ
ph B. Cheatham, Wastewater Director
()
~
Date:
9 //i/ JJI
J
REVIEWED BY:
Date:
Roy B Anderson, Utilities Engineering Director
<j' -I <( -c-' /
APPROVED BY:
."~ -V~d
'-~-7~ , Date:
J~es V. Mudd, P.E., Public Utilities Administrator
/ I,'
9//d/b'
t / / -, I
""-~
AG(NOA ITE"
NO. Ice 1--
SEP 2 5 2001
PG. -Z
EXECUTIVE SUMMARY
APPROVE BUDGET AMENDMENTS FOR THE COLLIER COUNTY
WATER/SEWER DISTRICT TO RECOGNIZE ADDITIONAL LOAN
PROCEEDS FOR THE CONSTRUCTION OF THE NORTH COUNTY WATER
RECLAMATION FACILITY 5-MGD EXPANSION, PROJECT # 73031.
OBJECTIVE: To obtain approval from the Board of County Commissioners, Ex-officio
the governing Board of Collier County Water-Sewer District, authorizing budget
amendments to recognize additional loan proceeds and to replenish reserves.
CONSIDERATIONS: In December 1998, we received a State Revolving Fund (SRF)
Loan, (CS 120597100) from the Florida Department of Environmental Protection in the
amount of$22,600.000 for the North County Water Reclamation Facility (NCWRF) 5-
MGD expansion project. The loan is "paid" to the county by the reimbursement method;
as we pay for construction cost, we "bill" the state for all eligible costs and the state
reimburses the county within a few days.
Originally, the NCWRF 5 MGD expansion was to be funded with impact fees and only a
portion of the appro\'ed SRF Loan. However, in 2001 a consent order was issued by the
FDEP, which mandated a number of new projects, all of which will compete for available
impact fees revenues and reserves. As a result, the entire SRF loan will be requested for
the construction of the .!'\CWRF 5 MGD expansion project.
In FY 01, we had budgeted 54,000,000 in loan proceeds for this project. We anticipate
that we will receive a total of 5 16,800,000 in SRF loan proceeds in FY 01. The
additional SRF loan proceeds of S12,800,000 will be received into the Water/Sewer Debt
Service Fund (410) and transferred to the Sewer Impact Fee Fund (413) to replenish
Reserves.
FISCAL IMPACT: A budget amendment is required in the Water/Sewer Debt Service
fund (410) to recognize an additional $12,800,000 in SRF Loan proceeds and to increase
transfers to the Sewer Impact Fee Fund (413).
Also, a budget amendment is required in the Sewer Impact Fee Fund (413) to recognize
the additional S 12,800.000 transferred from the debt service fund and to increase
(replenish) Reserves.
GROWTH MANAGEMENT IMPACT: The expansion of the NCWRF is consistent
with the Growth Management Plan and 201 Wastewater Plan.
RECOMMENDATIO:\S: It is recommended that the Board of County Commissioners,
as Ex-Officio the GO\'Cll1ing Board of the Collier County Water-Sewer District, approve
the referred budget amendments in the Water/Sewer Debt Service Fund and Sewer
Impact Fee Fund in amount ofS12,800,000.
"GENO" IT~
NO. If, C
SEP 2 5 2001
PG. I
(,~'l~
Prepared By:
Bala MS' ar, Public Utilities Senior Accountant
r'0.__ ,-vf'.
Reviewed By:
Thomas Wides, Public Utilities Op~rations Director
----, (~~ \.A.'\~ \
Approved BY:~~ =i/ ~~
JaF!1'es V. Mudd, P.E., Pu lic Utilities Administrator
".......,
Dale: ~ 114/0 I
Date: L{ / 14 J q
Date: C; 1'1 ) / !
//I<j/O j
AG[IlOA I TO!
NO._ /(, C 5
SEP 2 5 2001
PG. l.
EXECUTIVE SUMMARY
APPROVE BUDGET AMENDMENT FOR BEACH CLEANING RELATED TO
TROPICAL STORM GABRIELLE
OBJECTIVE: To obtain approval of a budget amendment which transfer funding to
project #10266, Beach Maintenance Activities.
CONSIDERATIONS: Tropical Storm Gabrielle caused significant beach erosion and left
debris scattered along the beaches. The BCC has declared a state of emergency. Florida
Department of Environmental Protection has signed an emergency order for the shoreline
which allows for the removal of storm debris through October 18, 2001. Collier County
has an open contract with Lightner Contracting (Bid 99-2915) for general beach
maintenance activities. While the beach rakes will be able to clear most of the sea grass
and other debris, there are larger items such as broken pilings that need to be cleared. The
clean-up effort will cover beach storm debris on Vanderbilt Beach (Bluebill Avenue to just
south of the Ritz-Carlton), Park Shore Beach (Clam Pass to Doctors Pass) and Naples
Beach (Doctors Pass to 18th Avenue South). The beach rakes and operators are covered
within the current project budget and the estimated cost for the contractor support is beirrg
developed based on inspections on 24 and 25 September 2001. This budget amendment
would allow contractor clean-up efforts not to exceed $20,000.00. The next TDC meeting
is scheduled for October 8,2001 at which time this issue will be presented for their
ratification of this emergency action,
FISCAL IMPACT: Various projects have remaining balances for FYOO/01 due to
differences between the budget estimate and the contracted amounts. The attached budget
amendment transfers $20,000.00 from project #10267 (Annual Monitoring) to project
#10266 (Beach Maintenance Activities). The source of funds is Tourist Development Tax.
GROWTH MANAGEMENT IMPACT: There is no impact to the Growth Management
Plan related to this action.
RECOMMENDA TION: That the Board of County Commissioners approve the budget
amendment to transfer $20,000.00 into project 10266, fund 195.
SUBMITTED BY: ~ Date:
Ron Hovell, P.E., Coastal Projects Manager
Public Utilities Engineering Department
~-O)
"~HO" IT!;
NO. Ie., <!.
SEP 2 5 2001
PG. (
REVIEWED BY:
APPROVED BY:
attachment
1~7 C:::/i:/~
Roy B. Anderson, P.E., Director
Publi . ities Engineering Department
James V. Mudd, P.E., Administrator
Public Utilities Division
Date: "'7- zy - 0/
Date:
~Y)I
AGE:PlOA I Tf.'
NO. 1(, ~ ,
SEP 2 5 2001
pc. ,2,
usher s
-
Subject:
robinsonj
Monday, September 24, 2001 5:32 PM
HovellRonald; usher_s
wides_teri; sridhar_b; mihalic_g; eichhornj; huber_h; andersonroy; muddj; weigel_d;
manalich_r
RE: BUDGET AMENDMENT
From:
Sent:
To:
Cc:
Hello Ron,
My understanding from a conversation with you this afternoon is that there is a need for emergency restoration at one of.
the area beaches and that these repairs need to be performed immediately. My suggestion is that the matter be presented
tomorrow to the BCe for approval, fully informing them of the emergency circumstances. I have no information regarding'
how the work is to be performed. The TDC will meet on 10/8/2001 at which time the matter can be presented to them for
retroactive approval. It is my further understanding that the cost of restoration is $20,000.00. There is no need to wait for
TDC approval first, since this is an emergency and it falls clearly within the statutory guidelines for expenditure of TDC
funds. I do not understand your e-mail to Susan. I am sorry if perhaps I did not make myself clearly understood.
Jacqueline
-----Original Message-----
From: HovellRonald
sent: Monday, September 24,20014:26 PM
To: usher_s; robinson.J
Cc: wides_teri; sridhar_b; mihalic_9; eichhorn.J; huber_h; andersonroy; mudd.J
SUbject: BUDGET AMENDMENT
Susan,
Here's the budget amendment we discussed - let me know if you have any comments.
<< File: Budget Amendment 25SEP01.dot >>
Per Jacqueline at the County Attorney's office, we will need to get the TDC approval before we can process this
amendment. I'll see how we go about scheduling an emergency meeting.
Thanks,
Ron
1
EXECUTIVE SUMMARY
ACCEPTANCE OF LIBRARY CURRENT YEAR ACTION PLAN AND
APPROVAL OF LIBRARY STATE AID APPLICATION.
OBJECTIVE: Acceptance of the Library current year action plan and approval for
the Chairman to sign the application for State Aid.
CONSIDERA TlONS: Collier County Public Library qualifies, under Chapter 257 of the
Florida Statutes, for State Aid to Libraries, This program is administered by the Florida
Department of State, Division of Library and Information Services. The Application and
Current Year Action Plan are requirements to receive the State funding. The Board has
appro\'ed submission of the Application for State Aid and associated contracts and
documents for over two decades. State Aid for FY 2002 was anticipated in the County's FY
2002 budget as Library Grant Fund (129) revenue.
State Aid is available to Florida public library systems that qualify as a result of
meeting minimum requirements as stipulated in F.S. Chapter 257 and Chapter 1 B.2 Florida
Administrati\'e Code, The grant amount is calculated by means of a formula, which
considers: (1) the amount of local funds appropriated for the Library adjusted by a factor
based upon the amount of revenue a one mill levy in the jurisdiction would generate, (2) the
number of library systems in Florida which qualify in a given year, and (3) the total amount
made a\'ailable by the State Legislature for such grants for the year. State Aid to Libraries is,
by legislati\'e intent, provided to impro\'e library sen'ices within the State, and is to
supplement, rather than replace, local effort towards that end.
State Aid may not be used to fund capital construction. It may be used for operating
purposes and equipment.
The Current Year Action Plan is prepared by the Library Staff in consultation with
the Library Ad\'isory Board and includes \'arious components required by the State Library.
It supplements the Library's Long Range Plan, which W,IS apprm'ed in FYOO by the Bee.
FISCAL IMPACT: State Aid was included as anticipated re\'(~nue (estimated $350,000) in the
FY 2002 Library Grant Fund (129). The actual amount likely to be received may be slightly
more. A budget amendment will be prepared to ,luthorize the expenditure of the difference
once a final figure is a\'ailable. Funds that result from this particular Jpplication will not
arriw until FY 2001.2002.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDA TION: Staff recommends the Board accept the Library's Current Year
Action Plan, authorize the Chairman to sign it and the application for State Aid, and apprm'e
submission to Florida Department of State, Division of Library and Information Services.
PREPARED BY: Y1p~JYI 7;1{JA!TA~~ DATE: 9/;O/C!/
Marilyn Mattlr6s, Assistant Director '
~
DATE: q /10 IOf
DATE:
?/r!/cy
L
Agenda Item
,'~(l . _I {p ,1:::> J
SEP 2 5 2001
Pg.
Project Number
FLORIDA DEPARTMENT OF STATE
DIVISION OF LIBRARY AND INFORMATION SERVICES
FY2001-2002 STATE AID TO LIBRARIES GRANT APPLICATION
Single County Library
(File by October 1, 2001)
The BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY
(name of library governing body)
governing body for the Co] 1 j er County Pub] j c Library
(name of county library)
hereby applies to the Division of Library and Information Services, Florida Department of State, for
State Aid to Libraries grants as authorized under Chapter 257, Florida Statutes, and guidelines for
the State Aid to Libraries Grant program, for the fiscal year beginning October 1, 2001 and ending
September 30, 2002.
Certification of Local Operating Expenditures
We certify that the following total funds frorn local sources were expended centrally during the fiscal
year beginning October 1, 1999, and ending September 30, 2000 (second previous fiscal year) for
the operation and maintenance of a library under the conditions outlined in Chapter 257, Florida
Statutes, and guidelines for the State Aid to Libraries Grant program
We further certify that the amount listed below does not include any of the following:
Funds received from the federal government
· Funds received from the state govemment
· Funds used for purchase or construction of a library building or library quarters
Such funds are not eligible to be used as local match for State Aid applications under Chapter 257.
Florida Statutes, and guidelines for the State Aid to Libraries Grant program.
Total local funds expended centrally by the library for the operation and maintenance of a
library between October 1, 1999, and September 30, 2000. (The second previous year)
$ 4,373,966
Agenda Item
No .-Iff b I
SEP l ~01 pag 1 of 5
Pg.
Form #DLlS/SA02
Effective
Grant Agreement
The Applicant (Grantee) hereby makes application and certifies eligibility for receipt of grants
authorized under Chapter 257, Florida Statutes and guidelines for the State Aid to Libraries Grant
program.
I. The Grantee agrees to:
a. Expend all grant funds awarded and perform all acts in connection with this agreement in
full compliance with the terms and conditions of Chapter 257, Florida Statutes, and
guidelines for the State Aid to Libraries Grant program. Funds will not be used for lobbying
the legislature, the judicial branch, or any state agency.
b. Provide the Division of Library and Information Services (DIVISION) with statistical,
narrative, financial and other reports as requested.
c. Not discriminate against any employee employed in the performance of this agreement, or
against any applicant for employment because of race, creed, color, handicap, national
origin, or sex. The Grantee shall insert a similar provision in all subcontracts for services
by this agreement.
d. Identify an individual or position with the authority to make minor modifications to the
application, if necessary, prior to execution of the agreement.
II. The DIVISION agrees to:
a. Provide a grant in accordance with the terms of this agreement in consideration of the
Grantee's performance hereinunder, and contingent upon an annual appropriation by the
Legislature. In the event that the state funds on which this agreement is dependent are
withdrawn, this agreement is terminated and the DIVISION has no further liability to the
Grantee beyond that already incurred by the termination date. In the event of a state
revenue shortfall, Operating Grants shall be reduced in accordance with Section 257.195,
Florida Statutes.
b. Notify the grantee of the grant award after review and approval of required documents.
The grant amount shall be calculated in accordance with Chapter 257, Florida Statutes
and guidelines for the State Aid to Libraries Grant program. '
c. Distribute grant funds in two payments. The first payment will be requested by the
DIVISION from the Comptroller upon execution of the agreement. The remaining payment
will be made by June 30.
Ill. The Grantee and the DIVISION mutually agree that:
a. This instrument embodies the whole agreement of the parties. There are no provisions,
terms, conditions, or obligations other than those contained herein; and this agreement
shall supersede all previous communications, representation, or agreements either verbal
or written, between the parties. No amendment shall be effective unless reduced in writing
and signed by the parties.
Form #DLlS/SA02
Effective
AQend;a. ).tenpage. of b
No._. ~ ~ I s
1
SED" r:
. I '- ~ 2001
Pg. '-- ~ I
=-=-J
b. The agreement is executed and entered into in the State of Florida, and shall be
construed, performed, and enforced in all respects in accordance with the laws and rules
of the State of Florida. Each party shall perform its obligations hereunder in accordance
with the terms and conditions of this agreement.
c. If any term or provision of the agreement is found to be illegal and unenforceable, the
remainder of the agreement shall remain in full force and effect and such term or provision
shall be deemed stricken.
d. No delay or omission to exercise any right, power or remedy accruing to either party upon
breach or default by either party under this Agreement shall impair any such right, power
or remedy of either party; nor shall such delay or omission be construed as a waiver of any
such breach or default, or any similar breach or default.
e. The DIVISION shall unilaterally cancel this agreement if the Grantee refuses to allow
public access to all documents or other materials subject to the provisions of Chapter 119,
Florida Statutes.
f. Unless authorized by law and agreed to in writing by the DIVISION, the DIVISION shall not
be liable to pay attomey fees, interest, or cost of collection.
g. The DIVISION shall not assume any liability for the acts, omissions to act or negligence of
the Grantee, its agents, servants or employees; nor shall the Grantee exclude liability for
its own acts, omissions to act or negligence to the DIVISION. In addition, the Grantee
hereby agrees to be responsible for any injury or property damage resulting from any
activities conducted by the Grantee.
h. The Grantee, other than a Grantee which is the State or agency or subdivision of the
State, agrees to indemnify and hold the DIVISION harmless from and against any and all
claims or demands for damages of any nature, including but not limited to personal injury,
death or damage to property, arising out of any activities performed under this agreement
and shall investigate all claims at its own expense.
i. Neither the State nor any agency or subdivision of the State waives any defense of
sovereign immunity, or increases the limits of its liability, upon entering into a contractual
relationship.
j. The Grantee, its officers, agents, and employees, in performance of this agreement, shall
act in the capacity of an independent contractor and not as an officer, employee or agent
of the DIVISION. Under this agreement, Grantee is not entitled to accrue any benefits of
state employment, including retirement benefits and any other rights or privileges
connected with employment in the State Career Service. Grantee agrees to take such
steps as may be necessary to ensure that each subcontractor of the Grantee will be
deemed to be an independent contractor and will not be considered or permitted to be an
agent, servant, joint venturer, or partner of the DIVISION.
k. The Grantee shall not assign, sublicense, nor otherwise transfer its rights, duties or
obligations under this agreement without the prior written consent of the DIVISION, which
consent shall not unreasonably be withheld. The agreement transferee must demonstrate
compliance with the requirements of the program. If the DIVISION approves a transfer of
the Grantee's obligations. the Grantee remains responsible for all work performed and all
expenses incurred in connection with the Agreement. In the event the Legislature
transfers the rights, duties or obligations of the Department to another govemmental entity
pursuant to section 20.60, Florida Statutes, or otherwise, the rights, duties and obligations
under this agreement shall also be transferred to the successor government entity as if it
were an original party to the agreement.
Form #DLlS/SA02
Effective
Agen da I terrPage of 5
No._Ik-J) (.
5 EP 2 5/ ){lot
P9'~
I. This agreement shall bind the successors, assigns and legal representatives of the
Grantee and of any legal entity that succeeds to the obligation of the DIVISION.
m. This agreementshall be terminated by the DIVISION because of failure of the Grantee to
fulfill its obligations under the agreement in a timely and satisfactory manner unless the
Grantee demonstrates good cause as to why it cannot fulfill its obligations. Satisfaction of
obligations by Grantee shall be determined by the DIVISION, based on the terms and
conditions imposed on the Grantee in paragraphs I and 111 of this agreement and
guidelines for the State Aid to Libraries Grant program. The DIVISION shall provide
Grantee a written notice of default letter. Grantee shall have 15 calendar days to cure the
default. If the default is not cured by Grantee within the stated period, the DIVISION shall
terminate this agreement, unless the Grantee demonstrates good cause as to why it
cannot cure the default within the prescribed time period. For purposes of this agreement,
"good cause" is defined as circumstances beyond the Grantee's control. Notice shall be
sufficient if it is delivered to the party personally or mailed to its specified address. In the
event of termination of this agreement, the Grantee will be compensated for any work
satisfactorily completed prior to notification of termination.
...
n. Unless there is a change of address, any hotice required by this agreement shall be
delivered to the Division of Library and Information Services, 500 South Bronough Street,
Tallahassee, Florida 32399-0250, for the State and, for the Grantee, to its single library
administrative unit. In the event of a change of address, it is the obligation of the moving
party to notify the other party in writing of the change of address.
IV. The term of this agreement will commence on the date of the notification of grant award.
THE APPLICANT/GRANTEE
BOARD OF COUNTY COMMISSIONERS,
COLLIER COUNTY, FLORIDA.
THE DIVISION
Katherine Harris
Secretary of State
By:
JAMES D. CARTER, Ph.D., Chairman
A TrEST:
DWIGHT E. BROCK, Clerk
By:
Date
Deputy Clerk
Approved as to form
3:ff~J:--
Thomas C. Palmer
Assistant County Attorney
Witness
Date
Agend, Item
No --,..If D (.page !4 ot :J
S;:.~
Date
Form #DLlS/SA02
Effective
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Long Range Plan
2001 Supplement
FY02 Action Plan
Collier County Public Library has one major focus during FY02, which continues from
FY01. This focus is the construction of the new Headquarters Library, and to
prepare it to open in FY02. This project includes primarily coordination of the
Library Administration Management Team and Technical Services. Related issues of
staffing, compensation, and retention will also contribute to the successful
completion of the project. In order to further the Goals and Objectives of Collier
County Public Library, the Library intends to work on the following during FY02.
Library Administration Management Team:
Goal 1: Establish priorities for Library service based on expressed community
needs, resources available. and demographic and economic trends in the County, to
insure adequate and appropriate services are provided.
Objective 1.1: Evaluate existing services annually.
Actions:
-J Conduct senior staff review meetings to access services. Meetings are
scheduled bi-monthly, August through December 2001.
-J Send out separate surveys to library users and non-users, with the guidance
of Florida Gulf Coast University. Surveys will be sent out in Fall 2001, and
collated and interpreted by late winter 2002.
-J Survey the area within 5 miles of the new Headquarters Library. Staff will
visit meetings of non-profit and professional organizations in the area; staff
will mail information to residents and businesses concerning the new library
building; and staff will request information concerning materials and
programs that should be included in the new building.
Objective 1.2: Review and revise existing Long Range Plan and Library Policies
annually.
Actions:
-J Conduct senior staff review meetings to discuss the Long Range Plan and
Library Policies. Meetings are scheduled bi-monthly, August through
December 2001.
-J Review proposed changes with Library Advisory Board (LAB), by June 2002.
-J Request approval of policy and planning changes, after LAB approval.
Agen d,~ \. tem
No ..J.1PD I.
SE~ 2 ~OO1
Pg.
I
Objective 1.3: Prepare annual budget recommendations, considering information
obtained through Long Range Planning Process and evaluation of existing
programs.
Actions:
..J Using data gathered throughout the year, propose FY02 spending plan,
within County guidelines.
Objective 1.4: Review and revise long-range capital program plans, at least
every two years.
Actions:
.y Review need for South Regional Library.
.y Review expansion plans for Golden Gate Branch.
Goal 2: Ensure effective and appropriate Library services for all areas of
County.
Objective 2.1: Review and revise policies annually or as needed.
Actions:
..J Conduct senior staff review meetings to discuss the Long Range Plan and
Library Policies. Meetings are scheduled bi-monthly, August through
December 2000.
Objective 2.2: Review services at various library outlets annually or as
needed.
Actions:
..J Review information provided by user and non-user surveys.
Goal 3: Provide employee benefits and staff development in conjunction with
County Human Resources and SWFLN.
Objective 3.1: Ensure staff is compensated fairly when compared to other
County Departments.
Actions:
..J Implement title changes for clerical staff. As staff is hired for the new
Headquarters, job titles will change to Library Assistant and Library
Associate.
..J Work with new titles and make adjustments with Human Resources as needs
arise.
ACJenq~.~em
No .-.llf J.J l-
S;:. 2 }2001
-
Objective 3.2: Ensure staff compensation is adequate to attract and retain
qualified employees.
Actions:
.y Provide salary comparison statistics to the Human Resources Department
from similarly sized libraries.
.y Provide any 'real time' examples experienced while hiring for new building.
Objective 3.3: Provide continuing education opportunities for 1001'0 of staff.
Actions:
.y Ensure that each staff member receives a copy of internal class offerings
and the SWFLN class schedule.
.y Complete work on CCPL-U and implement for Staff.
.y Complete work on orientation plan and use with each new staff member.
Goal 4: Provide adequate and effective library facilities for each planning
community.
Objective 4.1: Buildings are designed to meet community needs and provide
services as recognized by the Long Range Plan.
Actions:
.y Continue work on construction of new Headquarters library.
.y Hire staff for new building, starting with additional computer staff in April
2001, following timetable developed during FYOl budget planning.
Objective 4.2: Insure adequate funding for construction projects and seek
grant funding when possible.
Actions:
.y Start work on Immokalee Construction grant.
.y Work with the Friends to raise local funds to enhance the State
Construction Grant and the matching construction funds.
Objective 4.3: Build the addition to the Immokalee Branch Library.
Actions:
.y Complete the planning and start the construction of the Immokalee addition.
Agend'l!tem
No._lw b(
S;p.~
Technical Services
Goal 1: Insure timely acquisition of library materials.
Objective 1.1: Establish effective procedures for ordering materials.
Actions:
.J Acquisitions librarian coordinates and evaluates materials selections.
.J Branch librarians will refine their general collection development criteria for
their location. Policy will indicate briefly kinds of materials and subjects
needed at each location.
.J Continue collection development for new building.
Goal 2: Insure efficient processing of new materials.
Objective 2.1: Establish effective procedures for processing new materials.
Actions:
.J Establish timetable for receipt of review journals by acquisitions librarian.
Both Publishers Weekly and Library Journal are due one week from receipt.
Acquisitions librarian reviews selections, adding and deleting as needed,
within 1 week. Orders are sent no later than 2 weeks after receipt of a
journal. Reviews found elsewhere will be processed within 2 weeks of
receipt.
.J Evaluate timetable as year progresses.
.J Send appropriate staff to SWFLN program on evaluating Technical Services.
Objective 2.2: Provide user-friendly access to library materials that is
standard for all locations.
Actions:
.J Review processing standards, and produce written procedures for sharing
with Branch personnel who handle label replacement, etc.
.J Rearrange video collections in response to public requests.
Objective 2.3: Ensure opening day collections are completed on schedule.
Actions:
.J Monitor reports of quantity selected and evaluate titles via the on-line lists.
Agenda Item
No. -/. ff-.D j
SEP 2 5 2001
P. 0
Goal 3: Insure catalog revisions and records deletions are handled efficiently.
Objective 3: 1: Establish effective procedures for deleting and marking lost.
withdrawn, and damaged materials.
Actions:
.y Evaluate current procedures with staff responsible for weeding and update
as needed, especially considering materials that maybe saved for the new
building.
Objective 3 _ 2: Establish a schedule for removing the electronic records from
the on-line catalog.
Actions:
.y Set specific day to run bibliographic deletes with Systems Manager and
Cataloger.
Public Services
Goal 1: Enhance the quality of Reference and Adult Services.
Objective 1.1: Develop and maintain high quality materials collections to meet
the needs of the Collier County community.
Actions:
.y Acquisitions librarian works with staff as they select and weed materials.
.y Continue collection development for new building.
.y Make selection changes based on survey results.
Objective 1. 2: Coordinate and publicize reference services throughout the
system.
Actions:
.y Shift much of the PR work to new Public Relations Specialist and standardize
formats of publicity.
.y Work with County public relations department to include timely articles in
the County staff newsletter, emphasizing the Library web page.
.y Write articles for the Friends newsletter, which spread the word about
Reference services available.
.y Distribute business cards with Visit Your Public Library and our web
address, at businesses throughout the County.
.y Conduct campaign to tell patrons about web page as they check out
materials.
Agenda J,.,h
No --/I1-D !-
~EP 2 5/2001
P9.J
Objective 1. 3: Provide trained staff during public hours to ensure delivery of
high quality reference services to the public.
Actions:
..J Provide additional training and continuing education for all who work at
Reference, including Sunday reference.
Objective 1.4: Plan. promote, and present a variety of programs for adults
that encourage the use of library materials and facilities.
Actions:
..J Produce and distribute professional-looking brochures that publicize
programs.
..J Secure funding for programs through the Friends.
..J Repeat the popular Festival of the Humanities.
..J Provide additional program at Gates Computer Lab.
Goal 2: Enhance the quality of services as patrons check out library materials.
Objective 2.1: Provide staff training for all permanent, temporary, and
volunteer staff.
Actions:
..J Continue work on CCPL-U program for continuing education.
...; Encourage staff to attend appropriate SWFLN and County classes.
Objective 2.2: Schedule adequate numbers of staff working to meet varying
demand.
Actions:
...; Evaluate usage statistics and make scheduling adjustments.
...; Consider dividing full-time positions into part-time positions to facilitate
scheduling.
Goal 3: Enhance the quality of library services for children.
Objective 3.1: Develop and maintain high quality materials collections to meet
the needs of the children of Collier County community.
Actions:
...; Provide adequate funding for materials.
...; Provide additional training for those selecting children's materials.
r-
Agen~~ I~em
No.-1~ l
USEP 2 5~1
Pg. )
Objective 3.2: Coordinate and publicize children's programs throughout the
system.
Actions:
..J Shift much of the PR efforts to new Public Relations Specialist.
..J Produce and distribute professional-looking brochures that publicize
children's programs.
Objective 3.3: Encourage reading and use of the library by school age and
preschool children.
Actions:
..J Provide quality programs and reading materials for children.
..J Provide programs that help parents work with their children.
Objective 3.4: Provide age appropriate programming for children.
Actions:
..J Provide quality programs and reading materials for children, throughout the
year and during the summer FLYP program.
..J Provide instruction to help parents work with their children.
Objective 3.5: Provide appropriately trained staff to assist children with their
information needs.
Actions:
..J Encourage staff to attend appropriate continuing education programs.
..J Hire additional children's librarians.
Agenda I"tel.
No . -1-ft-..iJ f-
SEP 2 5 2001
Pg. /3
Extension Services
Goal 1: Enhance the quality of library services provided to those who cannot
come to the Library.
Objective 1.1: Develop and maintain high quality materials collections to meet
the needs of those in the County Jail, the Immokalee Stockade, and the Drill
Academy.
Actions:
-.J Evaluate and inventory materials available at these sites.
-.J Fill requests of staff and inmates.
Objective 1.2: Provide regular delivery of library materials to those who are
homebound or are in nursing homes.
Actions:
-.J Implement volunteers to assist in filling the daily requests for materials.
-.J Implement second year of LST A grant for Seniors Online.
Objective 1.3: Provide programming services to day care centers and summer
camps.
Actions:
-.J Contact any new day care centers that may have opened.
-.J Schedule class visits or staff to visit, as may be appropriate.
Objective 1.4: Ensure materials are delivered in a timely manner to all library
locations, including new materials and supplies, and materials returned by
patrons to a different Branch.
Actions:
-.J Evaluate routes and schedules based on FYO! experiences.
Agenda Item
No ....Lk.JJ r_
2'bEP 2 5 001
Pg. /
Technology Action Plan
Current Year
FY02
Goal 1: Ensure Staff can assist the public in learning to use electronic resources.
Objective 1.1: Provide staff and public computer classes.
Actions:
..J Provide weekly public orientations for the Public at Headquarters Library.
These include an introduction to electronic resources in the Reference
Department.
..J Provide at least two World Wide Web classes for the Public at each Library
location annually.
..J Provide at least one children's WEB program at each location annually.
..J Provide a minimum of two Internet and/or electronic resources searching
classes for all professional staff annually.
..J Provide a minimum of one Internet or electronic resources searching class
for all support staff annually.
..J Continue classes begun with the Seniors-On-Line LSTA Grant and the State
Library River Park Grant.
..J Add electronic records for holdings of the Agricultural Extension Services
Library to CCPL database, in coordination with SWFLN LST A grant.
Goal 2: Provide electronic resources for the public and staff to use.
Objective 1.1: Provide electronic databases, especially in full-text.
Actions:
..J Continue subscriptions to on-line services such as Electric Library,
EbscoHost, Novelist, American Business Information, etc.
..J Evaluate new electronic services, prioritizing and adding subscriptions as the
FY01 budget permits.
..J Review data collection on use of electronic resources, adjusting priorities
and programs accordingly. (Done quarterly, with emphasis on budget
preparation in March and year-end in September.)
..J Update printed and electronic guides to using the WEB and the commercial
databases to which the Library subscribes, by January 1, 2002.
Agend? It;~I,
No .-/._P-C !-
L 5iP 2 5 ~t
Pg. A. 5
Goal 3: Ensure Staff and public have access to computers capable of searching
the web and electronic resources.
Objective 1.1: Purchase computers in sufficient quantities for staff and the
public.
Actions:
.J Provide regular maintenance to all computers.
.J Replace computers as needed.
.J Add wiring and new workstations as funds become available.
.J Add 30+ computer workstations for the public at the new Headquarters
Library. These include OPACs, research-only, genealogy computers, Internet
computers, lab computers, and children's computers.
.J Evaluate quantities of public computers and policies governing their use. such
as time limits.
FY03 :
Goal 1: Ensure Staff can assist the public in learning to use electronic resources.
In addition to activities listed under FY02:
Objective 1.1: Provide staff and public computer classes.
Actions:
...; Add public access terminals to facilities other than formal branch libraries;
i.e., Briggs Resource Center, Farm Workers Village - Immokalee, and other
sites as deemed appropriate.
...; Continue weekly public orientations for the Public at Headquarters Library
and at the Naples Branch. These include an introduction to electronic
resources in the Reference Department.
...; Continue one children's WEB program at each location annually.
.J Update Library web page.
.J Provide a minimum of two Internet and/or electronic resources searching
classes for all professional staff annually.
...; Provide a minimum of one Internet or electronic resources searching class
for all support staff annually
.J Provide additional CD-ROM resources to the Young Adult and Children's
Department.
.J Continue to provide III service to patrons. through OClC or other
cooperatives, as they become available.
.J Continue classes begun with the Seniors-On-Line LSTA Grant and the State
Library River Park Grant.
AgenJd!. J...tem
No.../-lk..D 1_
a SEP 2 )d001
Pg.
.
Goal 2: Provide electronic resources for the public and staff to use.
Objective 1.1: Provide electronic databases, especially in full-text.
Actions:
-,J Review data collection on use of electronic resources. adjusting priorities
and programs accordingly (Done quarterly. with emphasis on budget
preparation in March and year end in September.)
-,J Continue subscriptions to on-line services such as Electric Library,
EbscoHost, Novelist, American Business Information. etc., as needed.
-,J Re-evaluate electronic subscriptions.
Goal 3: Ensure Staff and public have access to computers capable of searching
the web and electronic resources.
Objective 1.1: Purchase computers in sufficient quantities for staff and the
public.
Actions:
-,J Provide regular maintenance to all computers.
-,J Replace computers as needed.
-,J Add wiring and new workstations as funds become available.
-,J Evaluate quantities of public computers and policies governing their use, such
as time limits.
-,J Replace dumb terminals with PC workstations.
FY04:
Goal 1: Ensure Staff can assist the public in learning to use electronic resources.
In addition to activities listed under FY02:
Objective 1.1: Provide staff and public computer classes.
Actions:
-,J Add public access terminals to facilities other than formal branch libraries;
i.e., Briggs Resource Center, Farm Workers Village - Immokalee. and other
sites as deemed appropriate. Complete installations started in FY03.
-,J Provide at least three World Wide Web classes for the Public at each
Library annually.
-,J Continue weekly public orientations for the Public at Headquarters Library
and at the Naples Branch. These include an introduction to electronic
resources in the Reference Department.
-,J Continue one children's WEB program at each location annually.
-,J Update Library web page.
..
Aoenej, I
No.~ b /
11SEP25200t
Pg.
.,j Provide a minimum of two Internet and/or electronic resources searching
classes for all professional staff annually.
.,j Provide a minimum of one Internet or electronic resources searching class
for all support staff annually
.,j Provide additional CD-ROM resources to the Young Adult and Children's
Department.
.,j Continue classes begun with the Seniors-On-Line LSTA Grant and the State
Library River Park Grant.
Goal 2: Provide electronic resources for the public and staff to use.
Objective 1.1: Provide electronic databases, especially in full-text.
Actions:
.,j Review data collection on use of electronic resources, adjusting priorities
and programs accordingly (Done quarterly, with emphasis on budget
preparation in March and year end in September.)
.,j Continue subscriptions to on-line services such as Electric Library,
EbscoHost, Novelist, American Business Information, etc., as needed.
.,j Re-evaluate electronic subscriptions.
.,j Add electronic records for holdings of the Law Library to CCPL database, as
time permits.
Goal 3: Ensure Staff and public have access to computers capable of searching
the web and electronic resources.
Objective 1.1; Purchase computers in sufficient quantities for staff and the
public.
Actions:
.,j Provide regular maintenance to all computers.
.,j Replace computers as needed.
.,j Add wiring and new workstations as funds become available.
.,j Evaluate quantities of public computers and policies governing their use, such
as time limits.
...; Add at least one workstation to each Branch library and three workstations
to Headquarters.
i----r.~en9~. Item
I: 0 . J.J.R-J) !
S E P 2 5 01
l~)g,
EXECUTIVE SUMMARY
APPROVAL OF AGREEMENT FOR FISCAL YEAR 2001.2002 FUNDING
CONTRIBUTION TO THE DA VID LA WRENCE MENTAL HEALTH CENTER, INC.
OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for the
Chairman to sign the Fiscal Year 2001-2002 Agreement with David Lawrence Mental Health
Center, Inc.
CONSIDERATION: A commitment has been made to fund David Lawrence Mental Health
Center, Inc. as a provider for mental health and alcohol/drug abuse needs in the amount of
$926,100.00. These are funds specifically ear-marked to fund local mental health and substance
abuse programs offered through the David Lawrence Center.
FISCAL IMPACT: In the 2000-01 budget, the Board authorized $900,000 as a funding
contribution to David Lawrence Mental Health Center, Inc. The contract would provide an
additional $26,100 for a total funding not to exceed $926,100. This represents a 2.9%
inflationary increase in personnel and in operating expenses which was outlined in the FY 02
budget during the Board's Budget Workshop. This level of funding for the service contract has
been appropriated in the proposed FY 2002 budget under the General Fund, Mental Health Cost
Center.
GROWTH MANAGEMENT IMPACT: There is no growth management impact associated
with this contract.
RECOMMENDA TION: That the Board of County Commissioners approve the Agreement for
the Fiscal Year 2001-2002 funding contribution to David Lawrence Mental Health Center, Inc. in
the amount of $926,100.
Prepared by:
:ka~r c?/ rty-C / ente~- Evcutive Secretary
~ 1//\ 1r
~ ~ ~!t1,~~-;(- ~
Leolt. Ochs, Jr., Public Services Administrator
I /
;/
\/
Date:
9/1 r;,/o I
Approved by:
Date:
(/~ g/) /
-.
Agenda Item
No._
SEP 215 2001
Pg.
AGREEMENT
THIS AGREEMENT entered into this _ day of , 2001, at
Naples, Collier County, Florida, by and between the Board of County Commissioners,
Collier County, Florida, hereinafter referred to as the COUNTY, and the David Lawrence
Mental Health Center, Inc., located at 6075 Golden Gate Parkway, Naples, FL 34116,
hereinafter referred to as the CENTER.
WITNESSETH
WHEREAS, the COUNTY is desirous of helping financially and has deemed it to
be in the public interest to do so for David Lawrence Mental Health, Inc.; and
WHEREAS, the COUNTY wishes to fund mental health and alcoholism services
provided by the CENTER as it is authorized to do so under its government; and
WHEREAS, the CENTER has contracted with the State of Florida, Department of
Children and Families to act as a provider of mental health and substance abuse services
as described by the approved District 8 Mental Health and Substance Abuse Plan.
NOW, THEREFORE, in consideration of the mutual undertaking and agreements
hereinafter set forth, the COUNTY and CENTER agree as follows:
I. The CENTER shal I:
A. Provide mental health and alcoholism services consistent with the
approved District Plan, incorporated herein by reference.
B. Serve as an independent contractor for the transportation of Baker Act
patients pursuant to all the requirements of Chapter 394, Florida Statutes
and Rule lOE-5.040,F, Florida Administrative Code.
C. Provide detoxification services consistent with the approved District Plan.
D. Provide these services in the County of Collier, Florida.
E. Posses, maintain and keep current all necessary license(s).
F. Adhere to conditions applicable to administration of mental health funds
under Chapter 394, Florida Statutes, and the administrative rules thereto.
G. Maintain financial records and reports relating to funds paid under the
contract.
1
r
I
i oCJ,__~
L.....-....--.,.~...
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c: ~ , ') :
H. Maintain books, records, documents and other evidence and accounting
procedures and practices that fully and properly reflect all direct and
indirect costs of any nature expended in the performance of this
Agreement.
I. Maintain adequate fiscal accounting procedures.
J. Allow inspection, review or audit of these fiscal records by County
personnel.
K. Collect statistical data of a fiscal and operational nature on a regular basis
and to make fiscal statistical reports on a quarterly basis to the Public
Services Administrator by the 10th of the preceding month.
L. Submit payroll records and activity measures to the COUNTY on a
quarterly basis in order that the disbursement of COUNTY funds to
reimburse the CENTER for such expenditures shall be in accordance with
the pre-auditing and accounting procedures on the part of the Board of
County Commissioners as mandated by Sections 129.08 and 129.09,
Florida Statutes.
M. Retain all books, records and other documents relative to this Agreement
for three (3) years after final payment.
N. Act as an independent contractor and not as an employee of the County in
operating aforementioned services. The CENTER shall be liable for, and
shall indemnify, defend, and hold the County, State and Federal
Government harmless from and against all claims, suits, judgments,
damages, losses and attorney's fees and expenses arising from its
operations and provision of the aforementioned services during the course
of this agreement.
O. Submit to the COUNTY each year a copy of its annual audit of financial
statements.
II. The COUNTY shall:
A. Reimburse the CENTER quarterly, in advance, at least one-fourth (1/4) of
the total allocation for "Operations Funds" approved for the CENTER by
the Commission as specified in Section ill-D of this Agreement, in
accordance with the approved Mental Health District.
ill. The CENTER and COUNTY mutually agree:
Aoenf?_ IH.,
No.LL[D~
c:
n'
I :'
2
pg._~.
~~.~...,-...
A. The term of this agreement is from October 1, 2001 to September 30,
2002.
B. This Agreement may be terminated by either party upon thirty (30) days
prior notice in writing to the other party.
C. This Agreement is subject to an item of appropriation contained in the
annual County budget.
D. The entire obligation of the COUNTY under this Agreement shall not
exceed Nine Hundred Twenty Six Thousand One Hundred and no/l00
Dollars ($926,100.00). The $926,100.00 includes all Operational Funds
including transportation of Baker Act participants. This sum shall come
from local sources and shall be utilized as part of the matching
requirements of Section 394.76(9)(a) and (b), Florida Statutes.
E. There will be no discrimination on the basis of race, color, sex, religious
background or national origin in performance of this Agreement in regard
to provisions of service or in regards to employment.
F. No modification, amendments or alterations to the terms or conditions
contained herein shall be effective unless contained in a written document
executed with the same formality, and of equal dignity, herewith.
G. The CENTER shall not assign the performance of services called for in the
Agreement without the written consent of the COUNTY.
H. All notices, requests, consents and other communications required or
permitted under this Agreement shall be in writing addressed to:
If to the COUNTY:
Collier County Public Services Division
Health and Public Services Building
3301 East Tamiami Trail
Naples, FL 34112
If to the CENTER:
David Lawrence Mental Health Center, Inc.
6075 Golden Gate Parkway
Naples, FL 34116
or to such other address as any party may designate by notice complying
with the terms herein stated. f) Aoend;/; t",em
No. -I-w D:.L...
i {"rp 'l ~ 2001
3 L. ., ~~: .'If __
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
day and year first above written.
A TrEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
by:
Deputy Clerk
James D. Carter, Ph.D., Chairman
A TrEST:
; ~~
741"t"1~~ VA-
DA VID LAWRENCE MENTAL HEALTH
CENTER, INC.
by: /A! .~- -'~
(CORPORA TE SEAL)
Approved as to form and legal sufficiency
..1l.r"~~'
4
Agenda I \E~h;
No._lfI Dd-
I t::;) ',l 3 ~
U~,:.-:.> ~.- -
EXECUTIVE SUMMARY
DIRECT AND AUTHORIZE THE COUNTY MANAGER TO MODIFY THE EXISTING
PAY PLAN TO INCLUDE AN ADDITIONAL PAY GRADE
OBJECTIVE: To direct and authorize the County Manager to modify the existing Pay Plan to
include pay grade 36 and to maintain currency at all times in the Pay Plan.
CONSIDERA TION: In an effort to maintain a current Pay Plan, the Human Resources
Department is proposing to expand the existing Pay Plan to include pay grade 36 to
accommodate the new classification of Deputy County Manager. In addition the Human
Resources Department, with the approval of the County Manager, will maintain currency in the
Pay Plan at all times.
FISCAL IMPACT: Implementation of this change and other changes within the Pay Plan will
be funded by the affected department.
GRO'VTH MANAGEMENT Il\/IPACT: There is no Growth Management Impact.
RECOMMENDATION: Direct and authorize the County Manager to modify the Pay Plan to
include a pay grade 36.
SUBMITTED BY:
Relations Supervisor
REVIEWED BY:
Date:
r d-v(tll
APPROVED BY:
Date:
;,....,.....
AGENDA ~.IJM(
NO.;/,... -~
SEP 2 5 2001
Pg. /
Attachment 1
COLLIER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
4 COURIER 16,842 22,737 28,632
CUSTODIAN 16,842 22,737 28,632
LIBRARY PAGE 16,842 22,737 28,632
5 INVENTORY CLERK 17,667 23,850 30,034
MAIL CLERK 17,667 23,850 30,034
PARK & RECREATION ATTENDANT 17,667 23,850 30,034
6 18,551 25.044 31,537
7 LIFEGUARD 19,480 26,297 33,115
PARK & RECREATION ASSISTANT 19,480 26,297 33,115
8 CUSTOMER SERVICE REPRESENTATIVE 20,453 27,612 34,771
LIBRARY ASSISTANT 20,453 27,612 34,771
MAINTENANCE WORKER 20,453 27,612 34,771
9 FISCAL REPRESENTATIVE 21,476 28,992 36,508
KENNEL TECHNICIAN 21,476 28,992 36,508
METER READER 21,476 28,992 36,508
SECURITY OFFICER 21,476 28,992 36,508
10 22,549 30,440 38,332
11 COORDINATOR, TRANSPORTATION 23,676 31,963 40,250
EQUIPMENT OPERATOR 23,676 31,963 40,250
LABORATORY TECH ASSISTANT 23,676 31,963 40,250
PARTS CLERK 23,676 31,963 40,250
PLANT OPERATOR, TRAINEE 23,676 31 ,963 40,250
SERVICE WRITER 23,676 31,963 40,250
TRAFFIC SIGN TECHNICIAN 23,676 31,963 40,250
12 4-H OUTREACH COORDINATOR 25,111 33,900 42,689
CUSTOMER SERVICE SPECIALIST 25,111 33,900 42,689
LIBRARY ASSOCIATE 25,111 33,900 42,689
MUSEUM ASSISTANT 25,111 33,900 42,689
MUSEUM VOLUNTEER COORDINATOR 25,111 33,900 42,689
PARK & RECREATION PROGRAM LEADER 25,111 33,900 42,689
SECURITY SERGEANT 25,111 33,900 42,689
UTILITY TECHNICIAN 25,111 33,900 42,689
13 ADMINISTRATIVE SECRETARY 26,367 35,596 44,824
EQUIPMENT OPERATOR, SENIOR 26,367 35,596 44,824
FISCAL TECHNICIAN 26,367 35,596 44,824
GRAPHICS TECHNICIAN 26,367 35,596 44.824
LIBRARY TECHNOLOGY SPECIALIST 26,367 35,596 44,824
MAINTENANCE SPECIALIST 26,367 35,596 44,824
PARK RANGER 26,367 35,596 44.824
PERMITTING TECHNICIAN 26,367 35.596 44,824
PLANT OPERATOR 26,367 35,596 44,824
PURCHASING TECHNICIAN 26,367 35,596 44,824
TRADESWORKER, APPRENTICE 26,367 35.596 44,824
AGENDA 1~11
No. /{.-B ,L
SEP 2 5 2001
Pg. ,:}
Page 1 of 6
revised 09/12/01
Attachment 1
COLLIER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
14 ANIMAL CONTROL OFFICER 27,686 37,376 47,066
ASST REUSE COORDINATOR 27,686 37,376 47,066
CODE ENFORCEMENT INVESTIGATOR 27,686 37,376 47,066
CREW LEADER 27,686 37,376 47,066
GRAPHICS TECHNICIAN, SENIOR 27,686 37,376 47,066
HUMAN RESOURCES TECHNICIAN 27,686 37,376 47,066
IMPACT FEE SPECIALIST 27,686 37,376 47,066
R S V P COORDINATOR 27,686 37,376 47,066
TRAFFIC SIGNAL TECHNICIAN 27,686 37,376 47,066
15 ADMINISTRATIVE ASSISTANT 29,070 39,245 49,420
ADMINISTRATIVE SUPERVISOR 29,070 39,245 49,420
ASST RECYCLING COORDINATOR 29,070 39,245 49,420
CREW LEADER, SENIOR 29,070 39,245 49,420
EMERGENCY MANAGEMENT TECHNICIAN 29,070 39,245 49,420
FEMA COORDINATOR 29,070 39,245 49,420
HEAVY EQUIPMENT OPERATOR 29,070 39,245 49,420
LABORATORY TECHNICIAN 29,070 39,245 49,420
LICENSING COMPLIANCE OFFICER 29,070 39,245 49,420
NETWORK SPECIALIST 29,070 39,245 49,420
PARTS MANAGER 29,070 39,245 49,420
PLANNING TECHNICIAN 29,070 39,245 49,420
SCADA OPERATOR 29,070 39,245 49,420
SHIP LOAN PROCESSOR 29,070 39,245 49,420
TELECOMMUNICATIONS ANALYST 29,070 39,245 49,420
TRADESWORKER, JOURNEYMAN 29,070 39,245 49,420
16 ACCOUNTING TECHNICIAN 30,524 41 ,207 51,890
ADMINISTRATIVE AIDE TO THE BCC 30,524 41,207 51,890
ADMINISTRATIVE ASSISTANT, SENIOR 30,524 41,207 51,890
ENGINEERING TECHNICIAN 30,524 41,207 51,890
EXECUTIVE SECRETARY 30,524 41 ,207 51,890
FACILITIES COMPLIANCE OFFICER 30,524 41,207 51,890
INSTRUMENTATION/ELECTRICAL TECHNICIAN 30,524 41,207 51,890
LIBRARY OUTREACH SPECIALIST 30,524 41,207 51,890
OPERATIONS COORDINATOR 30,524 41,207 51,890
PARK RANGER, SENIOR 30,524 41,207 51,890
PLANT MECHANIC 30,524 41,207 51,890
PLANT OPERATOR, SENIOR 30,524 41 ,207 51,890
PROPERTY ACQUISITION SPECIALIST 30,524 41 ,207 51,890
PUBLIC INFORMATION SPECIALIST 30,524 41,207 51 ,890
SPECIAL EVENTS COORD 30,524 41 ,207 51,890
WELL DRILLING INSPECTOR 30,524 41,207 51,890
17 FACILITIES PLANT OPERATOR 32,050 42,466 52,882
FIELD SUPERVISOR 32,050 42,466 52,882
LIBRARIAN 32,050 42,466 52,882
LICENSING COMPLIANCE OFFICER SUPV. 32,050 42,466 52,882
METER READING SUPERVISOR 32,050 42,466 52,882
MUSEUM CURATOR, COLLECTIONS 32.050 42,466 52,882
MUSEUM CURATOR, EDUCATION 32,050 42,466 52,882
PARKS SPECIAL POPULATIONS COORDINATOR 32,050 42,466 52,882
SUPERVISOR, GRAPHICS 32,050 42,466 52,882
SUPERVISOR, PARKS PROGRAMS 32,050 42,466 52,882
TRADESWORKER, MASTER 32,050 42,466 52,882
AGENDA ITEM/
No. If. -H
SEP 2 r. 2001
.1
Pg. ~
/
Page 2 of 6 revised 09/12/01
Attachment 1
COLLIER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
18 AUTOMOTIVE TECH, PRINCIPAL 33.653 44,590 55,527
BUILDING INSPECTOR 33,653 44,590 55,527
CABLE FRANCHISE COORDINATOR 33,653 44,590 55,527
CASE MANAGER 33,653 44,590 55,527
CHEMIST 33,653 44,590 55,527
EDlTORNIDEOGRAPHER 33,653 44,590 55,527
ENGINEERING INSPECTOR 33,653 44,590 55.527
ENVIRONMENTAL SPECIALIST 33,653 44,590 55,527
EXECUTIVE AIDE TO THE BCC 33,653 44,590 55,527
EXECUTIVE ASSISTANT 33,653 44,590 55,527
FIELD SUPERVISOR, SENIOR 33,653 44,590 55,527
LIBRARIAN, SENIOR 33,653 44,590 55,527
PLANNER 33,653 44,590 55,527
PLANS REVIEWER-SIGNS 33,653 44,590 55,527
PROPERTY ACQUISITION SPECIALIST, SR 33,653 44,590 55,527
PROPERTY MANAGEMENT SPECIALIST 33,653 44,590 55,527
PUBLIC INFORMATION COORDINATOR 33,653 44,590 55,527
PURCHASING AGENT 33,653 44,590 55,527
SECURITY LIEUTENANT 33,653 44,590 55,527
VETERAN SERVICES OFFICER 33,653 44,590 55,527
19 ACCOUNTANT 35,726 47,336 58,947
BENEFITS ANALYST 35,726 47,336 58,947
ENVIRONMENTAL SPECIALIST, SENIOR 35,726 47,336 58,947
EXECUTIVE MANAGER TO THE BCC 35,726 47,336 58,947
EXTENSION AGENT 35,726 47,336 58,947
HUMAN RESOURCES GENERALIST 35,726 47,336 58,947
MANAGEMENT/BUDGET ANALYST 35,726 47,336 58,947
OPERATIONS ANALYST 35,726 47,336 58,947
PLANS REVIEWER 35,726 47,336 58,947
REVENUE SUPERVISOR 35,726 47,336 58,947
REVIEW APPRAISER 35,726 47,336 58.947
RIGHT OF WAY COORDINATOR 35,726 47,336 58,947
RISK ANALYST 35,726 47,336 58,947
SAFETY COORDINATOR 35,726 47,336 58,947
SHIP PROGRAM COORDINATOR 35,726 47,336 58,947
SUPERVISOR, ANIMAL CONTROL 35,726 47,336 58,947
SUPERVISOR, ATHLETICS 35,726 47,336 58,947
SUPERVISOR, CODE ENFORCEMENT 35,726 47,336 58,947
SUPERVISOR, COMMUNITY CENTERS 35,726 47,336 58,947
TECH SUPPORT PROFESSIONAL 35,726 47,336 58,947
TOURIST DEVELOPMENT TAX COORDINATOR 35,726 47,336 58,947
20 ACCOUNTANT, SENIOR 37,474 49,653 61,833
CONTRACTS AGENT 37,474 49,653 61,833
ECONOMIC DEVELOPMENT MANAGER 37,474 49,653 61,833
ENVIRONMENTAL COMPLIANCE COORDINATOR 37,474 49,653 61,833
FLEET MAINTENANCE SUPERVISOR 37,474 49,653 61.833
FLEET OPERATIONS SUPERVISOR 37,474 49,653 61,833
HUIMANAGER 37,474 49,653 61,833
LABORATORY SUPERVISOR 37,474 49,653 61,833
OCCUPATIONAL HEALTH NURSE 37,474 49,653 61,833
PLANNER, SENIOR 37,474 49,653 61,833
PROPERTY MANAGEMENT SPECIALIST, SR 37.474 49,653 61,833
RECYCLING COORDINATOR 37.474 49,653 61.833
REUSE COORDINATOR 37.474 49,653 61,833
SUPERVISOR, ENGINEERING INSPECTIONS 37,474 49,653 61 ,833 AGEit- U..E7
WELLNESS COORDINATOR 37.474 49,653 61,833 No . - - Co:,
,
SEP 2 5 2001
Page 3 of 6
--'--"~-_.._'-""- v 11M'. _____
Attachment 1
COlliER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
21 APPLICATIONS ANALYST 39,348 52,137 64,925
ARCHITECT 39,348 52,137 64,925
BUILDING MAINTENANCE SUPERVISOR 39,348 52,137 64,925
CAREER DEVELOPMENT COORD 39,348 52,137 64,925
COMPENSATION COORDINATOR 39.348 52,137 64,925
ENVIRONMENTAL SPECIALIST, PRINCIPAL 39,348 52,137 64,925
EXTENSION AGENT, SENIOR 39.348 52,137 64,925
IMPACT FEE COORDINATOR 39,348 52,137 64,925
INTER-DEPARTMENT SUPERVISOR, IMMOKALEE 39,348 52,137 64,925
LANDSCAPE ARCHITECT 39,348 52,137 64,925
LIBRARIAN SUPERVISOR 39,348 52,137 64,925
LIBRARY BRANCH MANAGER 39,348 52,137 64.925
MUSEUM MANAGER 39,348 52,137 64,925
PERMITTING SUPERVISOR 39.348 52,137 64,925
PURCHASING SUPERVISOR 39,348 52,137 64,925
REAL PROPERTY SUPERVISOR 39,348 52,137 64,925
REVIEW APPRAISER, SR 39,348 52,137 64,925
SUPERVISOR, PARK RANGERS 39,348 52,137 64,925
SUPERVISOR, RECREATION 39,348 52,137 64.925
SUPV. VEGETATION MANAGEMENT 39,348 52,137 64,925
TECH SUPPORT PROFESSIONAL, SR 39,348 52,137 64,925
TRAINING COORDINATOR 39,348 52,137 64,925
22 ACCOUNTING SUPERVISOR 41.316 54,744 68,172
CHIEF BUILDING INSPECTOR 41,316 54,744 68,172
ENGINEER 41,316 54,744 68,172
FIELD ENGINEERING INSPECTOR 41,316 54,744 68,172
GROUP BENEFITS MANAGER 41,316 54,744 68,172
HOUSING DEVELOPMENT MANAGER 41,316 54,744 68,172
LAND SURVEYOR 41,316 54,744 68,172
LIBRARIAN SUPERVISOR, SENIOR 41.316 54,744 68,172
LIBRARY AUTOMATION SPECIALIST 41,316 54,744 68,172
MANAGEMENT/BUDGET ANALYST, SENIOR 41,316 54,744 68,172
MANAGER, PARK OPERATIONS 41,316 54,744 68,172
MGR, OCCUPATIONAL HEALTH & SAFETY 41,316 54,744 68,172
NETWORK ENGINEER 41,316 54,744 68,172
PLANNER, PRINCIPAL 41,316 54,744 68,172
PROJECT MANAGER 41,316 54.744 68,172
REVENUE MANAGER 41,316 54,744 68,172
RISK MANAGER 41,316 54,744 68,172
SIGNAL SYSTEMS NETWORK ENGINEER 41,316 54,744 68,172
SUPV, EMPLOYMENT OPERATIONS 41,316 54,744 68,172
23 ASSISTANT TO THE COUNTY MANAGER 43,382 57,481 71,580
CHIEF PLANNER 43,382 57,481 71,580
EMERGENCY MANAGEMENT COORDINATOR 43,382 57,481 71,580
GIS TECHNICAL MANAGER 43.382 57,481 71,580
MANAGER,MPO 43,382 57,481 71,580
MANAGER, PUBLIC TRANSIT 43,382 57,481 71,580
NETWORK SECURITY ADMIN 43,382 57,481 71,580
SUPERVISOR, FIELD ENGINEERING INSPECTIONS 43,382 57,481 71,580
SUPT, TREATMENT PLANT 43,382 57,481 71,580
TELECOMMUNICATIONS MANAGER 43,382 57,481 71,580
N~~E7(-J.J!!
SEP 2 5 2001
Pg. <'
Page 4 of 6 revised 09/12/01
Attachment 1
COLLIER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
24 AIRPORT MANAGER 45,552 60,356 75,161
DATABASE ADMINISTRATOR 45,552 60,356 75,161
ENGINEER, SENIOR 45,552 60,356 75,161
FINANCIAL MANAGER, AIRPORT 45,552 60,356 75,161
MANAGER,COMPUTERSUPPORT 45,552 60,356 75,161
MANAGER, PARK MAINTENANCE 45,552 60,356 75,161
MANAGER, RECREATION 45,552 60,356 75,161
MANAGER, SENIOR PROGRAM SERVICES 45,552 60.356 75,161
MGR, ORGANIZATIONAUSTAFF DEVELOPMENT 45,552 60,356 75,161
25 FACILITIES MANAGER 47,877 63,438 78,998
MANAGER, LANDSCAPE OPERATIONS 47,877 63,438 78,998
MANAGER. LIBRARY EXTENSION SERVICES 47,877 63,438 78,998
MANAGER, PARKS-BEACH/WATER 47.877 63,438 78,998
MANAGER, WASTEWATER COLLECTION 47,877 63,438 78,998
MANAGER, WATER DISTRIBUTION 47,877 63,438 78,998
MANAGER, WATER PRODUCTION 47,877 63,438 78,998
MGR, BUSINESS APPLICATIONS 47,877 63,438 78,998
PROJECT MANAGER, SENIOR 47,877 63,438 78,998
SUPERINTENDENT, ROADS & BRIDGES 47,877 63,438 78,998
26 ASSISTANT DIRECTOR, LIBRARY 50,221 66,542 82,864
BUSINESS MANAGER 50,221 66,542 82,864
MANAGER, ENGINEERING REVIEW SERVICES 50.221 66,542 82,864
MANAGER, NETWORK OPER 50,221 66,542 82,864
MANAGER, PLANNING 50,221 66,542 82,864
MANAGER, REVENUE SERVICES 50,221 66,542 82,864
MANAGER, TRAFFIC OPERATIONS 50,221 66,542 82,864
27 CHIEF PILOT 52,731 69,869 87,006
PROJECT MANAGER, PRINCIPAL 52,731 69,869 87,006
29 DIRECTOR, ANIMAL CONTROL 58,137 77,032 95,926
DIRECTOR, FLEET MANAGEMENT 58,137 77,032 95,926
DIRECTOR, HOUSING & URBAN IMPROVEMENT 58,137 77,032 95,926
DIRECTOR, MUSEUM 58,137 77,032 95,926
DIRECTOR, NATURAL RESOURCES 58,137 77,032 95,926
DIRECTOR, PUBLIC INFORMATION 58,137 77,032 95,926
DIRECTOR, REAL PROPERTY MANAGEMENT 58,137 77,032 95,926
DIRECTOR, SOCIAL SERVICES 58,137 77,032 95,926
DIRECTOR, UNIVERSITY EXTENTION SVCS. 58,137 77,032 95,926
DIRECTOR, VETERAN SERVICES 58,137 77,032 95,926
FIRE CHIEF 58,137 77,032 95,926
30 DIRECTOR, BUILDING REVIEW & PERMITTING 61,105 80,964 100,823
DIRECTOR, CDES OPERATIONS 61,105 80,964 100,823
DIRECTOR, CODE ENFORCEMENT 61,105 80,964 100,823
DIRECTOR, EMERGENCY MANAGEMENT 61,105 80,964 100,823
DIRECTOR, EMS ADMINISTRATION 61,105 80,964 100,823
DIRECTOR, EMS OPERATIONS 61,105 80,964 100,823
DIRECTOR, ENGINEERING SERVICES 61,105 80,964 100,823
DIRECTOR, PLANNING SERVICES 61 , 1 05 80,964 100,823
DIRECTOR, POLLUTION CONTROL 61,105 80,964 100,823
DIRECTOR, PURCHASING/GENERAL SERVICES 61,105 80,964 100,823
DIRECTOR, RISK MANAGEMENT 61,105 80,964 100,823
DIRECTOR, SOLID WASTE 61,105 80,964 100,823
- DIRECTOR. STORMWATER MANAGEMENT 61,105 80,964 100,823
DIRECTOR, TRANSPORTATION PLANNING 61,105 80,964 100,82 AGE~A IJJ,.
DIRECTOR, UTILITIES FINANCE OPERATION 61 ,1 05 80,964 100,82 No. /to-u
, r
1 SE;.J 2 5 2001
. ~;
I~:
Page 5 of 6 revised 09/12/01
.. '----^.~._.~.-~-~~~-
Attachment 1
COLLIER COUNTY PAY PLAY '02
GRADE TITLE MIN MDPT MAX
31 DIRECTOR, FACILITIES MANAGEMENT 64,160 85,012 105,865
DIRECTOR, HUMAN RESOURCES 64,160 85,012 105,865
DIRECTOR, INFORMATION TECH 64,160 85,012 105,865
DIRECTOR, LIBRARY 64,160 85,012 105,865
DIRECTOR, MANAGEMENT AND BUDGET 64,160 85,012 105,865
DIRECTOR, PARKS & RECREATION 64,160 85,012 105,865
DIRECTOR, TRANS. ENGINEERING 64,160 85,012 105,865
DIRECTOR, TRANSPORTATION OPERATIONS 64,160 85,012 105,865
DIRECTOR, UTILITIES ENGINEERING 64,160 85,012 105,865
DIRECTOR, WASTEWATER 64,160 85,012 105,865
DIRECTOR, WATER 64,160 85,012 105.865
32 67,368 89,263 111 ,158
33 70,736 93,726 116,715
34 ADMINISTRATOR. COMMUNITY DEVELOPMENT 74,273 98,412 122,551
ADMINISTRATOR, EMERGENCY SERVICES 74,273 98,412 122,551
ADMINISTRATOR, PUBLIC SERVICES 74,273 98,412 122,551
ADMINISTRATOR, PUBLIC UTILITIES 74,273 98,412 122,551
ADMINISTRATOR, SUPPORT SERVICES 74,273 98,412 122,551
ADMINISTRATOR, TRANSPORTATION 74,273 98,412 122,551
35 ASSISTANT COUNTY MANAGER 77,987 103,333 128,679
36 DEPUTY COUNTY MANAGER 81,887 108,500 135,113
EMERGENCY MEDICAL and FIRE SERVICES
301 - 305 FIREFIGHTER 28,506 37,057 45,609
306 - 310 FIRE LIEUTENANT 34.648 45,042 55,438
311-315 PARAMEDIC 21,852 32,224 42,569
316 - 320 EMS LIEUTENANT
321 - 322 HELICOPTER PILOT 43,930 57,109 70,289
322 - 323 EMS CAPTAIN 39,018 50,723 62,429
324 - 325 EMS COMMANDER 49,717 64,632 79,547
n ~~~~tl)?-fll
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Page 6 of 6
revised 09/12/01
EXECUTIVE SUMMARY
AWARD OF BID NO. 00-3137 AND ANNUAL AGREEMENTS FOR TITLE
COMMITMENTS.
OBJECTIVE: To place two additional firms under Annual Agreements at fixed rates for the
preparation of title commitments required for the numerous real estate transactions that Real
Property Management Department negotiates for the County each year.
CONSIDERATION: On November 28, 2000, the Board approved Agenda Item No. 16 E 8,
awarding the first Annual Agreement procured under Bid No. 00-3137 to Midwest Title, Inc., and
authorizing staff to identify other additional qualified firms, and to bring back to the Board additional
proposals from said firms to meet the needs of the expedited transportation program. Pursuant to
that latter directive, staff recommends that the Board authorize adding First Title Abstract, Inc., and
Attorney's Title Insurance Fund, Inc.
FISCAL IMPACT: The Annual Agreements are "standing" Agreements governing price and
delivery of title commitments, endorsements and title insurance. When these services are required
by Collier County, they are paid for from each particular capital project's budget.
GROWTH MANAGEMENT IMPACT: It is consistent with the County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners:
1. Add First Title and Abstract, Inc., and Attorneys' Title Insurance Fund, Inc., under Contract
00-3137 for the Annual Agreement for Preparation and Delivery of Title Commitments; and
PREPARED BY:
DATE: 1'- /3. Of
2.
REVIEWED BY:
DATE: \--13-0\
REVIEWED BY:
Gl
DATE: - (Lf - 6 (
APPROVED BY:
, C~!I Fv,
DATE:
9-('f-O
A ;?M
No. ICp'- ;;2.
l
SEP 2 5 2001
".....~
Pg.
ANNUAL AGREEMENT FOR TITLE COMMITMENTS
THIS AGREEMENT, entered into this day of 2001
is by and between COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), and ATTORNEYS' TITLE INSURANCE FUND,
INC., a Florida corporation, whose business address is 6545 Corporate Centre
Boulevard, Orlando, Florida 32822 (herein after referred to as "Company").
WITNESSETH: In consideration of the mutual promises contained herein, County
and Company hereby agree as follows:
1. SCOPE OF WORK - The Company shall provide title commitments to the County
in accordance with the Specifications set forth in Bid No. 00-3137 "Annual Agreement
for Preparation and Delivery of Title Commitments," (see Exhibit "A" attached hereto
and incorporated herein by reference).
2. NOTICE TO PROCEED - The Company shall not begin work on any assignment
unless a Notice to Proceed with that particular assignment has been issued by the
County. Notices to Proceed with any assignment shall be in writing. Facsimile
transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "B"
attached hereto and incorporated herein by reference.
3. INVOICING - The Company may bill the County via monthly statements which
shall have attached copies of all invoices for work performed during the billing period, or
the Company may submit a separate bill or invoice for seNices rendered (or for policies
issued and premiums due) along with each billable work product delivered to the
County. Monthly billings by the Company shall be split among the projects for which the
title reports were prepared, such that each project's title work shall be billed on a
separate invoice. Each Invoice must contain the County Project and Parcel Number in
addition to the Title Commitment, or Title Policy Number. The Company's invoices must
comply with the fees and rates as set forth on the "Contract Proposal" attached hereto
and incorporated herein.
4. COMPENSATION - Compensation for title commitment seNices provided by
the Company shall be in accordance with the Contract Proposal which is attached
hereto as Exhibit "C."
5. PAYMENTS - Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment
Act," unless the provisions of this Agreement governing disputes are exercised by the
County. .
6. TERMINATION OF AGREEMENT - If the County determines that the work
performance of the Company is not satisfactory, the Coumy shall have the option of (a)
immediately terminating this Agreement, (b) notifying the Company of the deficiency
AGEt+OA IJ.E:;::t.
No . / ~ c
SEP 2 5 2001
Pg. ,)..
Annual Agreement for Title Commitments
Page 2
with the requirement that the deficiency be corrected within a specified period of time,
otherwise the Agreement will be terminated at the end of such time, or (c) any of the
actions described in Paragraph 9 of this Agreement.
The County may terminate this Agreement for reasons other than unsatisfactory
performance, including convenience, and shall notify the Company of the termination
giving the Company thirty (30) days before termination is effective. During this 3D-day
period, the Company shall complete all work currently in progress, unless otherwise
directed by the County. All work which has been satisfactorily completed prior to the
date of termination of the Agreement shall be invoiced to the County.
The County may terminate this Agreement for non-performance. The County shall be
the sole judge of non-performance by the Company.
7. AGREEMENT RENEWALS - This contract will commence on the date of award
by the Board of County Commissioners. The initial contract term shall be for a period of
two (2) years. The County retains the right to renew this Agreement, with the consent of
the vendor under the same terms and conditions, for two (2) additional one (1) year
periods.
8. QUALITY REVIEW - Determination and judgment as to the quality and
acceptability of the services provided by the Company shall be the sole province and
responsibility of the County.
9. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the completion of
assignments and/or services provided by the Company be found unacceptable as to
quality and/or completeness, on the basis of common and customary standards for such
services, as may found in the community, or governed by law, or regulated by standards
or professional practice, the County shall have the sole discretion to take anyone or a
combination of the following measures:
a. Require the Company to complete the assignment(s) forthwith at the
Agreement rate, if payment for such assignment(s) has not yet been made. In the
event that the County has already made payment to the Company for completion
of the assignment(s), the County may require the Company to complete the
assignment forthwith at the expense of the Company.
b. Require the Company to correct or revise the work product(s) forthwith at the
Agreement rate, if payment for such assignment(s) has not yet been made. In the
event that the County has already made payment to the Company for the work
product(s), the County may require the Company to correct or revise the work
product(s) forthwith at the expense of the Company.
c. Complete the assignment(s), and/or revise / correct the work product(s) using
County forces or other Agreements, and bill the Company as follows:
AGEMOA lI.E~
No. /~ t:
SEP 2. 5 2001
3
Pg.
Annual Agreement for Title Commitments
Page 3
(1) In the event the county has already paid for the completion of the
assignment, the County shall charge the Company either the Agreement
rate to complete the assignment utilizing the County forces, or the rate
charged by another title company engaged by the County to complete the
assignment.
(2) In the event the County has already paid for the work product, the
County shall charge the Company either the Agreement rate to revise
/ correct the work product utilizing the County forces, or the rate
charged by another title company engaged by the County to revise or
correct the work product.
Nothing contained herein shall be interpreted or construed as limiting the County's
authority to terminate the Agreement pursuant to Paragraph 6 above.
10. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or
premiums set forth in the Contract Proposal shall be paid directly or indirectly to any
office or employee of the County as wages, compensation, or gifts in exchange for
acting as office agent, employee, subcontractor or consultant to the Company in
connection with any work contemplated or performed in connection with this Agreement.
11. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no
assignment of any part of this Agreement without the written consent of the County.
12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain
Workers' Compensation insurance adequate to cover all of its employees to the limits
required by applicable state and federal laws.
13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the
term of this Agreement comprehensive commercial general liability coverage, including
bodily injury and property damage, in an amount not less than the $300,000 combined
single limits. The County shall be named as an "additional insured' on said policy; and
the Company shall provide the County with an insurance certificate wherein the
Certificate Holder as additional insured shall read as follows: "Collier County Board of
County Commissioners, Naples FL."
14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend
the County, and County's agents and employees, from all suits and actions, including
attorneys' fees and all costs of litigation, and all judgments of every name and
description, brought against the County as a result of loss, damage or injury to persons
or property by reason of any act, or failure to act, by the Company, and/or the
Company's agents and employees.
.'-
15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by
written amendment executed by both the County and Company hereto.
AGENDA ITE~
No. /(..c
SEP 2 5 2001
Pg. '-I
Annual Agreement for Title Commitments
Page 4
16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color,
religion, sex or national origin, shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement, or in the employment practices of the Company. The Company shall, upon
request, show proof of such non-discrimination, and shall post in conspicuous places,
available to all employees and applicants, notices of non-discrimination.
17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Florida; and this written
Agreement, including all exhibits hereto, constitutes the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous, written
or oral agreements, provisions, conditions, or premises other than those so stated
above.
18. NOTI FICA TION - All notices shall be given in writing to the parties at the
following addresses:
Kevin Hendricks
Real Property Mgmt. Dept.
Fourth Floor, Turner Bldg.
3301 Tamiami Trail East
Naples, Florida 34112
As to Company:
Marilynn Miller
Attorney's Title Insurance Fund
2670 Airport Road South
Naples, Florida 34112
As to County:
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their
duly authorized representatives.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
COLLIER COUNTY, a political subdivision
of the State of Florida
By:
James D. Carter, Phd., Chairman
, Deputy Clerk
AGENOA lTE'"
No. 1(, t..:' '-
~ S EP 2 5 2001
P :)
g.
Annual Agreement for Title Commitments
AS TO COMPANY:
Page 5
ATTORNEYS' TITLE INSURANCE FUND,
INC., a Florida corporation
Witness (signature)
By:
Sharon Priest, Vice President
Name (print or type)
Witness (signature)
Name: (print or type)
Approved as to form
and legal sufficiency:
Ellen T. Chadwell
Assistant County Attorney
AGENOA 1~
No. __J.k
5t\-' 'L 5 200\
pg._f...
Bid No. 00-3137 "Annual AgreeI"~lIt for Preparation & Delivery of Title CommitI..~nts
EXHIBIT J__-=
Pege I 01.....5-..
SPECIFICATIONS
These specifications are intended to provide the information by which prospective
bidders may understand the requirements of Collier County relative to providing
Preparation and Delivery of Title Commitments.
Overview: This overview is intended to assist in understanding Collier County's policies
and procedures relative to the procurement of title work, which in many instances is the
initial step taken toward acquiring the various real property rights necessary for the
construction of public improvements.
Unlike the manner in which title commitments are normally ordered, Collier County
(County) usually does not find the property it needs already listed for sale by its current
owner. For each major land rights acquisition project (utility mains, roadway
expansions, etc.) the County must contact the correct owners of the property and inform
them as to how much of their property is sought for the construction of the contemplated
improvements. This is accomplished before the County knows exactly how much the
property is worth. Before the County goes to the expense of obtaining appraisals, the
County believes it should first identify those owners who might find it advantageous to
donate the required land and/or easements.
In addition, the County rarely purchases all or portions of subdivided lots in platted
subdivisions. Our land rights acquisitions are usually made along the borders of raw
acreage properties.
The County, therefore, orders its title work long before a value is established to report to
a title company. Also, because the County usually does not find just the part of the
property the County needs already listed for sale, our purchase negotiations take far
longer on the whole than the average real estate transaction. It can often be ten (10) or
twelve (12) months (or longer) between the time that the County first places and orders
a title commitment, and the time that the County closes on the purchase of the property
and orders a title policy.
Because the County must order its title commitments in advance (in order to make sure
the County is, in fact, negotiating with the individuals/companies with the lawful authority
to sell), the County does not know at that time whether or not the County will be able to
resolve the transaction. When the cost of the property simply cannot be justified in the
public interest, the County may change the design and consider locating its
improvements elsewhere. When this happens, or when the County condemns property,
there will be no order for a title policy.
While the County occasionally requires a title commitment on a single property, more
than likely, the County will be involved in a major public works project which affects
many properties at the_ same time. For this reason, title cOlT1mitments are often ordered
in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the
specifications for Preparation and Delivery of Title Commitments address the staggered
delivery of title commitments where a large amount is ordered at once.
AGEr+oA ITEM
No . / (. i1'
SfP 2 5 2001
Pg. "1-
Bid No. 00-3137 "Annual A.greel"~I1t for Preparation & Delivery ofTirle Cornmittu.;nrs
EXHIBIT A
Page Z of S-
The purpose of the Annual Agreement is to satisfy the Board of County Commissioner's
Purchasing Policy mandating that all goods and services procured by the County be
competitively bid. Rather than solicit bids on each and every title commitment
assignment, the County solicits fixed rates for services which will apply to every project
and every assignment once every two (2) to five (5) years.
Title Commitment Preparation
1. Title Commitments are to be prepared as follows:
a. Schedule "A" must identify the specific interest in real property to be acquired by
the County, the current record title holder of the fee simple interest in said real
property, and the exact manner in which said title is currently held;
b. Schedule "B-1" must list only the requirements which must be fulfilled in the
event a title policy is to be purchased. Requirements should be listed in reverse
chronological order, beginning with the particular instrument which must be
executed by the current title holder in order to vest that particular real property
interest with the County; and
c. Schedule "B-2" must list only those easements and other restrictions to which
any title policy would be subject (see Paragraph 3). These, too, must be listed in
reverse chronological order.
2. In addition to the title commitments issued pending a fee simple acquisition,
Company shall provide title commitments for easement acquisition, and shall, in
such cases, NOT require the execution of a warranty deed; but shall instead itemize
as a requirement the recording of an easement for the purpose(s) as shall be
specified in the County's NOTICE TO PROCEED.
3. The County will either request the company to issue a title commitment for the
parent tract, or for only the area of the legal description provided, and not for
parent tract, which request will accompany the NOTICE TO PROCEED.
4. At the request of County, Company shall issue an endorsement or update of a title
commitment; and upon County's compliance with the requirements as set forth in
Schedule "B-1 ", and payment of the risk premium at the contract rate, Company
shall issue County a title policy for the level of coverage equivalent to the value of
the interest in real property sought by the County.
5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the
initial issuance of the title commitment. (Unlike typical real estate purchasers, the
County often seeks title information long before the valuation of the interest to be
acquired is complete.)
6. In addition to the terms and conditions governing invoicing contained in Paragraph 3
of the Annual Agreement for Title Commitments, all invoices, bills and/or statements
must specify the exact service performed, i.e., issuance of title commitment,
AGENDA ITEM
No. It, Ed-;
SEP 2 5 2001
Pg. f
Bid ;-.Io. 00-3137 "Annual Agreerw..nt for Preparation & Delivery of Title CommitIl1c;nts
EXHIBIT A
Page "3 of S"
issuance of title policy, etc. All invoices submitted for payment must be on Company
letterhead and/or list Company as "payee". Invoices from entities, other than the
Company, under annual contract with the County will not be paid.
7. County shall pay no penalty, fee or other charge for failure to order a title policy. In
such instances, payments made by the County for title commitments and updated
search reports shall be payment in full for title services rendered by Company
related to the subject real estate.
8. Title commitments and updated search reports shall include as attachments, at no
extra cost, legible copies of all state and federal tax liens, ad valorem tax
deficiencies, mechanic's and materialmen's liens, mortgages and financing
statements, judgements, lis pendens, contracts for deed, recorded leases,
easements and any and all covenants and restrictions of record affecting the real
property sought by the County.
Where the portion of property sought by the County is part of the common elements
of any homeowner's association, property owner's association or civic association,
Company shall include with the title commitment a copy of all recorded instruments
pertinent to said association (declarations or protective covenants and restrictions,
articles of incorporation, corporate by-laws, etc.).
Where the portion of the real property sought by County is part of the common
elements of a condominium, Company shall include with the title commitment a copy
of the declaration of condominium, and any amendments thereto. Recognizing that
these association documents can be quite voluminous, Company can contact
County if there may be some doubt as to whether said copies are necessary.
Copies of instruments should be attached to the title commitment in the same
reverse chronological order as listed in Schedules "8-1" and "8-2". After the copy of
the instrument that evidences the current record title holder, there should be
attached in reverse chronological order copies of all those instruments listed in
Schedule "8-1 ", followed by all of those instruments listed in Schedule "8-2", again,
in reverse chronological order.
9. Delivery of the title commitments shall be in accordance with the schedule below,
where "delivery schedule" constitutes the total number of business days lapsing
between placement of order by County (NOTICE TO PROCEED) and delivery by
company of completed title commitments.
Number of Title
Commitments Ordered
Delivery Schedule
1 to 3
4 to 6
7 to 12
13 to 25
26 to 35
Over 35
Update
6 Business Days
10 Bcrsiness Days
15 Business Days
20 Business Days
25 Business Days
To be negotiated
6 Business Days
--
AGENDA IIE~
No . II. t= "
SEP 2 5 2001
Pg. 9
Bid ~o. 00-3137 "Annual Agreemc::nt for Preparation & Delivery of Title Commitments
EXHIBIT A
Page .4 of s
10. Company shall NOT require a certified survey as a pre-condition to issuance of a
title policy.
11. Certificates of Good Standing from the office of the Secretary of State shall be listed
as exceptions, and NOT as requirements. County shall verify by telephone, with
the Division of Corporations in the state, other than Florida, in which the corporation
is registered, the status of any corporation conveying or releasing an interest in real
property. Upon request by Company, County shall provide a record of the telephone
conversation with the Division of Corporations from the appropriate state, other than
Florida, identifying the date through which the corporation is listed as being active
and current. County shall provide, upon request, a copy of the Corporate Detail
Record along with the Directors/Officers of the corporation from the Florida Division
of Corporations only.
12. The recording of corporate resolutions in the public records shall NOT be listed as a
requirement.
13. Any requirement for a Notice of Commencement may be included as an exception at
request of the County.
14. Company shall provide the Property Appraiser's folio number for the parent tract
from which County seeks an interest in real property. Ad Valorem taxes, both
current and delinquent (if any) shall be itemized in the title commitment.
15. All orders for the title commitments and title policies shall be in writing either on
County letterhead stationery or by completing the attached form (NOTICE TO
PROCEED) and mailing or faxing it to the Company.
Quantities: The quantities listed in the Contract Proposal are approximate and are for
the purpose of bid evaluation. The County reserves the right to order such quantities as
may be required during said period, but does not guarantee any minimum or maximum
to be ordered during the period specified.
Award: The general criteria that will be used for the evaluation of this bid is set forth in
the general bidding requirements along with the responses as stated on the bid
proposal pages. Award of bid shall be made to the lowest, qualified and responsive
bidder(s). The County reserves the right to award this contract through an approach
which best serves the interests of the county; i.e., to a single vendor, multiple vendors,
or by a primary/secondary vendor basis, or on a category-by-category basis.
Terms of Contract: This contract will commence on the date of award by the Board of
County Commissioners, and be in effect for two (2) years.
Contract Renewal: Jhe County retains the right to re.n.ew this contract, with the
consent of the vendor, under the same terms and conditions for two (2) additional one-
year periods.
AGENOA IJ~
No . I (. C
SEP 2 5 2001
PCJ. 10
Bid )Io. 00-3137 ".AJmual Agreel,,~nt for Preparation & Delivery of Title CommitIll<::nts
EXHIBIT A
Page - 5 of :5
Insurance: Since these conditions include insurance requirements, it should be noted
by the bidder that in order to meet the County's requirement there may be additional
insurance costs to the bidder's firm. It is therefore imperative that the bidder discuss
these requirements with the bidder's agent; as noted on the Insurance Requirements
pages, so that allowance for any additional costs cant be made by the bidder.
Special Note: Collier County Government, is a member of the SW Florida Purchasing
Consortium. It is hereby made a part of this Invitation to Bid that the submission of any
bid in response to this publicized request constitutes a bid made under the same
conditions, for the same contract price, to the other members of the said Consortium.
Vendor Performance Evaluation: 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 completion/termination of
agreement.
Termination: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County, the County may terminate this Agreement
immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
AGENOAI..T,
No. lL.d
~EP 2 5 2001
Pg. II
EXHIBIT B
Page I nf t
NOTICE TO PROCEED
TO TITLE COMPANY
COLLIER COUNTY REAL PROPERTY MANAGEMENT DEPARTMENT
DATE:
FAX NUMBER:
TO:
(Company Name)
FROM:
(Employee Name)
j PARCEL NO(S):
PROJECT:
I INTEREST(S) SOUGHT BY COUNTY:
Please provide:
Title Commitment
Update of Title commitment
Title Po/icy
Identify the Company File/Search No. on
Property:
(TAPE OR TYPE LEGAL DESCRIPTION BELOW OR ATTACH SEPARATE SHEET)
:
,.-.
AGENDA !.TE~
No. /(. l:.~
SEP 'I. 5 2001
Pg. J~
-~--- --
Bid )lo. 00-3110 "Annual .-\greemt:nt for Preparation & Delivery of Title Comminnents
EXHIBIT C;~.t
Page--L.oi Z.
CONTRACT PROPOSAL
FROM: (20) Ii ei: Grdncl1
r:JH-()rne1i -r;+I~ hSlifafJi'L FlJ.nd. 1;
DUE:
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: BID No. 00-3110 -- "Annual Agreement for Preparation and Delivery
of Title Commitments"
Dear Commissioners:
The undersigned. as bidder, hereby declares that he has examined the specifications
and informed himself fully in regard to all conditions pertaining to furnishing preparation
and delivery of title commitment serlices as per the attached specifications. The Bidder
further declares that the only persons, company or parties interested in this Proposal or
the Contract to be entered into as principals are named herein; that this Proposal is
made without connection with any other person, company or companies submitting a
Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the
County furnish work in full, in complete accordance with the attached specifications,
according to the following unit prices:
Title Commitment
(Includes Search & Examination Fees)
$ /15.-
(flat rate)
Update of Commitment
(Endorsement to Initial Commitment)
$ /00.-
(flat rate)
Risk Premiums for Title Insurance
(Over & above minimum $100 rate set forth in law)
$ 17,300 to $ 100,000 real property value
5.15/$1,000
5. -1$1,000
~. SD /$1,000
~. ~ '5 Ii 1,6DO
it 0 f'J)P ~Cu
tMe5
$ 100,001 to $ 1,000,000 real property value
5
$1,000,001 to $~OOO,OOO real property value
$ 5,000)00/ h /O{ OQO, 000.
$
$
$
Proposal continued on next page.. ..
AGENOA ~
Nr- ,.il.&. ..;l
20(
" ...
L. ::
S fr;
f'g. /3
Bid No. 00-3110 "Annual Agreement for Preparation & Delivery ofTitie Cormnitments
PROPOSAL CONTINUED
EXHIBIT c.
...
Page 2 nf Z.
Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will' be
considered and computed in the tabulation of the bids. In no instance should terms for less
than 15 days payment be offered.
Prompt Payment Terms: _ % _ Days; Net ~ Days
Addenda received (if applicable): #1_ #2 #3
The service to be furnished by us is hereby declared and guaranteed to be in conformance with
the specifications of the County.
The undersigned do agree that should this Proposal be accepted, to execute the form of
contract and present the same to the County Purchasing Director for approval within fifteen (15)
days after being notified of the awarding of the Contract.
The undersigned do further agree that failure to execute and deliver said forms of contract
within fifteen (15) days, will result in damages to the County.
~
WHEREOF, WE have here~o subscribed our names on this 8..2 day of
, 2BOO1n the County of ///pL J in the State of Fe- .
;;'00/
IN WITNESS
/J tLgU.5r
/J-/1r;; r ()eLJ s' 77 fjp, L ~ UfO/X!.L r LLrld -1n~
Firm's Complete Legal Name
Check one of the following:
~
o
o
Sole Proprietorship
Corporation or P.A.
Limited Partnership
General Partnership
Phone No.
r; 7 t.f - d Cod, '7
'7 '14- - /8:3 5
/9/rf)o,.--I- f!cJ. s.
.
FAX No.
db 10
Address
Nop/e:; ;C(
City, State, ZIP
BY: f'h {))2j V ad.t.u.
1Jfed an'1::.;;en Signature
o.ril !:Jr)1"'J I-J. /"h if / e,e
,,(i;zG./J (!..), A aM.. ~
Title
3l./-//d.
AGENDA l~~
HO..--1J,J;
NOTE: If you choose to bid, please submit an
ORIGINAL and ONE COpy of your proposal pages.
st.? 'l 5 200'
Pg._ 1;./ =
ANNUAL AGREEMENT FOR TITLE COMMITMENTS
THIS AGREEMENT, entered into this day of 2001
is by and between COLLIER COUNTY, a political subdivision of the State of Florida
(hereinafter referred to as "County"), and FIRST TITLE AND ABSTRACT, INC., a
Florida corporation, whose business address is 606 Bald Eagle Drive, Suite 501, Post
Office Box 2000, Marco Island, Florida 34105 (herein after referred to as "Company").
WITNESSETH: In consideration of the mutual promises contained herein, County
and Company hereby agree as follows:
1. SCOPE OF WORK - The Company shall provide title commitments to the County
in accordance with the Specifications set forth in Bid No. 00-3137 "Annual Agreement
for Preparation and Delivery of Title Commitments," (see Exhibit "A" attached hereto
and incorporated herein by reference).
2. NOTICE TO PROCEED - The Company shall not begin work on any assignment
unless a Notice to Proceed with that particular assignment has been issued by the
County. Notices to Proceed with any assignment shall be in writing. Facsimile
transmissions shall be deemed to fulfill this requirement. Please refer to Exhibit "B"
attached hereto and incorporated herein by reference.
3. INVOICING - The Company may bill the County via monthly statements which
shall have attached copies of all invoices for work performed during the billing period, or
the Company may submit a separate bill or invoice for services rendered (or for policies
issued and premiums due) along with each billable work product delivered to the
County. Monthly billings by the Company shall be split among the projects for which the
title reports were prepared, such that each project's title work shall be billed on a
separate invoice. Each Invoice must contain the County Project and Parcel Number in
addition to the Title Commitment, or Title Policy Number. The Company's invoices must
comply with the fees and rates as set forth on the "Contract Proposal" attached hereto
and incorporated herein.
4. COMPENSATION - Compensation for title commitment services provided by
the Company shall be in accordance with the Contract Proposal which is attached
hereto as Exhibit "C."
5. PAYMENTS - Payment will be made upon receipt of a proper invoice and in
compliance with Section 218.70 F.S. otherwise known as the "Florida Prompt Payment
Act," unless the provisions of this Agreement governing disputes are exercised by the
County.
6. TERMINATION OF AGREEMENT - If the County determines that the work
performance of the Company is not satisfactory, the Coumy shall have the option of (a)
immediately terminating this Agreement, (b) notifying the Company of the deficiency
AGENDA ITEM)
No . ..J"_--.f.S"~
SEP L 5 2001
P\J. / ~
Annual Agreement for Title Commitments
Page 2
with the requirement that the deficiency be corrected within a specified period of time,
otherwise the Agreement will be terminated at the end of such time, or (c) any of the
actions described in Paragraph 9 of this Agreement.
The County may terminate this Agreement for reasons other than unsatisfactory
performance, including convenience, and shall notify the Company of the termination
giving the Company thirty (30) days before termination is effective, During this 30-day
period, the Company shall complete all work currently in progress, unless otherwise
directed by the County. All work which has been satisfactorily completed prior to the
date of termination of the Agreement shall be invoiced to the County.
The County may terminate this Agreement for non-performance. The County shall be
the sole judge of non-performance by the Company.
7. AGREEMENT RENEWALS - This contract will commence on the date of award
by the Board of County Commissioners. The initial contract term shall be for a period of
two (2) years. The County retains the right to renew this Agreement, with the consent of
the vendor under the same terms and conditions, for two (2) additional one (1) year
periods.
8. QUALITY REVIEW - Determination and judgment as to the quality and
acceptability of the services provided by the Company shall be the sole province and
responsibility of the County.
9. COMPLETION/CORRECTION OF ASSIGNMENTS - Should the completion of
assignments and/or services provided by the Company be found unacceptable as to
quality and/or completeness, on the basis of common and customary standards for such
services, as may found in the community, or governed by law, or regulated by standards
or professional practice, the County shall have the sole discretion to take anyone or a
combination of the following measures:
a. Require the Company to complete the assignment(s) forthwith at the
Agreement rate, if payment for such assignment(s) has not yet been made. In the
event that the County has already made payment to the Company for completion
of the assignment(s), the County may require the Company to complete the
assignment forthwith at the expense of the Company.
b. Require the Company to correct or revise the work product(s) forthwith at the
Agreement rate, if payment for such assignment(s) has not yet been made. In the
event that the County has already made payment to the Company for the work
product(s), the County may require the Company to correct or revise the work
product(s) forthwith at the expense of the Company.
c. Complete the assignment(s), and/or revise / correct the work product(s) using
County forces or other Agreements, and bill the Company as follows:
AGENOA ITEM
No. -/f.:-=-tL.,;L
SEP I.. 5 2001
Pg. /b
Annual Agreement for Title Commitments
Page 3
(1) In the event the county has already paid for the completion of the
assignment, the County shall charge the Company either the Agreement
rate to complete the assignment utilizing the County forces, or the rate
charged by another title company engaged by the County to complete the
assignment.
(2) In the event the County has already paid for the work product, the
County shall charge the Company either the Agreement rate to revise
/ correct the work product utilizing the County forces, or the rate
charged by another title company engaged by the County to revise or
correct the work product.
Nothing contained herein shall be interpreted or construed as limiting the County's
authority to terminate the Agreement pursuant to Paragraph 6 above.
10. UNLAWFUL SOLICITATION - The Company warrants that no part of the fees or
premiums set forth in the Contract Proposal shall be paid directly or indirectly to any
office or employee of the County as wages, compensation, or gifts in exchange for
acting as office agent, employee, subcontractor or consultant to the Company in
connection with any work contemplated or performed in connection with this Agreement.
11. ASSIGNMENT PROHIBITED - The Company warrants that there shall be no
assignment of any part of this Agreement without the written consent of the County.
12. WORKERS' COMPENSATION INSURANCE - The Company shall maintain
Workers' Compensation insurance adequate to cover all of its employees to the limits
required by applicable state and federal laws.
13. GENERAL LIABILITY INSURANCE - The Company shall maintain during the
term of this Agreement comprehensive commercial general liability coverage, including
bodily injury and property damage, in an amount not less than the $300,000 combined
single limits. The County shall be named as an "additional insured' on said policy; and
the Company shall provide the County with an insurance certificate wherein the
Certificate Holder as additional insured shall read as follows: "Collier County Board of
County Commissioners, Naples FL."
14. INDEMNIFICATION - The Company shall indemnify, hold harmless and defend
the County, and County's agents and employees, from all suits and actions, including
attorneys' fees and all costs of litigation, and all judgments of every name and
description, brought against the County as a result of loss, damage or injury to persons
or property by reason of any act, or failure to act, by the Company, and/or the
Company's agents and employees.
15. MODIFICATION OF AGREEMENT - This Agreement may be modified only by
written amendment executed by both the County and Company hereto.
AGENDA IT~H
No..Jt.-6 ;L
:; E P L !; 2001
Pg. /1
Annual Agreement for Title Commitments
Page 4
16. NON-DISCRIMINATION - No person, on the grounds of handicap, race, color,
religion, sex or national origin, shall be excluded from participation in, be denied the
benefits of, or be otherwise subjected to discrimination in the performance of this
Agreement, or in the employment practices of the Company. The Company shall, upon
request, show proof of such non-discrimination, and shall post in conspicuous places,
available to all employees and applicants, notices of non-discrimination.
17. INTERPRETATION AND CONSTRUCTION - This Agreement shall be governed
by, and construed in accordance with, the laws of the State of Florida; and this written
Agreement, including all exhibits hereto, constitutes the entire Agreement and
understanding of the parties, and there are no other prior or contemporaneous, written
or oral agreements, provisions, conditions, or premises other than those so stated
above.
18. NOTI FICA TION - All notices shall be given in writing to the parties at the
following addresses:
As to County:
Kevin Hendricks
Real Property Mgmt. Dept.
Fourth Floor, Turner Bldg,
3301 Tamiami Trail East
Naples, Florida 34112
As to Company:
Lesley Irvine
First Title and Abstract
1040 Goodlette Road North
Naples, Florida 34102
IN WITNESS WHEREOF, the parties have hereunto affixed their signatures by their
duly authorized representatives.
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, CLERK
By:
COLLIER COUNTY, a political subdivision
of the State of Florida
, Deputy Clerk
By:
James D. Carter, Phd., Chairman
AGEj2" ITEM
No. . '-C ;;2.
-(
SEP 1. 5 2001
F- s . --1..:.{ _
Annual Agreement for Title Commitments
Page 5
AS TO COMPANY:
FIRST TITLE AND ABSTRACT, INC.,
a Florida corporation
Witness (signature)
By:
Mark J. Woodward, President
Name (print or type)
Witness (signature)
Name: (print or type)
Approved as to form
and1eqal sufficiencv:
Jc::......;---_
Ellen T. Chadwell
Assistant County Attorney
AGE.NOA IT."EM'j
No .ji:- D-c-
c,t::p 'J .. r'''''01
~... {.. J LU
Pg. /9'
Bid ~o. 00-3137 "Annual Agree:,.~dt for Prepararion & Delivery ofTitJe Commin..~nrs
SPECJFICA TIONS
EXHIB~T J-=
Pege I _o-1.~
These specifications are intended to provide the information by which prospective
bidders may understand the requirements of Collier County relative to providing
Preparation and Delivery of Title Commitments.
Overview: This overview is intended to assist in understanding Collier County's policies
and procedures relative to the procurement of title work, which in many instances is the
initial step taken toward acquiring the various real property rights necessary for the
construction of public improvements.
Unlike the manner in which title commitments are normally ordered, Collier County
(County) usually does not find the property it needs already listed for sale by its current
owner. For each major land rights acquisition project (utility mains, roadway
expansions, etc.) the County must COritact the correct owners of the property and inform
them as to how much of their property is sought for the construction of the contemplated
improvements. This is accomplished before the County knows exactly how much the
property is worth. Before the County goes to the expense of obtaining appraisals, the
County believes it should first identify those owners who might find it advantageous to
donate the required land and/or easements.
In addition, the County rarely purchases all or portions of subdivided lots in platted
subdivisions. Our land rights acquisitions are usually made along the borders of raw
acreage properties.
The County, therefore, orders its title work long before a value is established to report to
a title company. Also, because the County usually does not find just the part of the
property the County needs already listed for sale, our purchase negotiations take far
longer on the whole than the average real estate transaction. It can often be ten (10) or
twelve (12) months (or longer) between the time that the County first places and orders
a title commitment, and the time that the County closes on the purchase of the property
and orders a title policy.
Because the County must order its title commitments in advance (in order to make sure
the County is, in fact, negotiating with the individuals/companies with the lawful authority
to sell), the County does not know at that time whether or not the County will be able to
resolve the transaction. When the cost of the property simply cannot be justified in the
public interest, the County may change the design and consider locating its
improvements elsewhere. When this happens, or when the County condemns property,
there will be no order for a title policy.
While the County occasionally requires a title commitment on a single property, more
than likely, the County will be involved in a major public works project which affects
many properties at the same time. For this reason, title commitments are often ordered
in numbers (sometimes as many as twenty (20) to forty (40) at once). This is why the
specifications for Preparation and Delivery of Title Commitments address the staggered
delivery of title commitments where a large amount is ordered at once.
AGENDA I]:r11.,
No. --I~ /-L.cr
SEP L. 5 2001
P9.~
~
Bid i'lo. 00-3137 "Annual .-\greelu~l1t for Preparation & Deliver! of Title Commin...;nts
EXHIBIT A
Pmge Z of 5"
The purpose of the Annual Agreement is to satisfy the Board of County Commissioner's
Purchasing Policy mandating that all goods and services procured by the County be
competitively bid. Rather than solicit bids on each and every title commitment
assignment, the County solicits fixed rates for services which will apply to every project
and every assignment once every two (2) to five (5) years.
Title Commitment Preparation
1. Title Commitments are to be prepared as follows:
a. Schedule "A" must identify the specific interest in real property to be acquired by
the County, the current record title holder of the fee simple interest in said real
property, and the exact manner in which said title is currently held;
b. Schedule .'B-1" must list only the requirements which must be fLlfilled in the
event a title policy i3 to be purchased. Requirements should be listed in reverse
chronological order, beginning with the particular instrument which must be
executed by the current title holder in order to vest that particular real property
interest with the County; and
c. Schedule "B-2" must list only those easements and other restrictions to which
any title policy would be subject (see Paragraph 3). These, too, must be listed in
reverse chronological order.
2. In addition to the title commitments issued pending a fee simple acquisition,
Company shall provide title commitments for easement acquisition, and shall, in
such cases, NOT require the execution of a warranty deed; but shall instead itemize
as a requirement the recording of an easement for the purpose(s) as shall be
specified in the County's NOT1CE TO PROCEED.
3. The County will either request the company to issue a title commitment for the
parent tract, or for only the area of the legal description provided, and not for
parent tract, which request will accompany the NOTICE TO PROCEED.
4. At the request of County, Company shall issue an endorsement or update of a title
commitment; and upon County's compliance with the requirements as set forth in
Schedule "B-1 ", and payment of the risk premium at- the contract rate, Company
shall issue County a title policy for the level of coverage equivalent to the value of
the interest in real property sought by the County.
5. "Owner's Amount" (property value) shall state, "TO BE DETERMINED" upon the
initial issuance of the title commitment. (Unlike typical real estate purchasers, the
County often seeks title information long before the valuation of the interest to be
acquired is complete.)
6. In addition to the terms and conditions governing invoicing contained in Paragraph 3
of the Annual Agreement for Title Commitments, all invoices, bills and/or statements
must specify the exact service performed, i.e., issuance of title commitment,
AGENpA IT'-
NOo_If" g
SEP 2 5 2001
Pg.d(
Bid ~a. 00-3137 "A.nnual.-\green....nt for Preparation & Delivery afTicle Commiul1..:nts
EXHIBIT A
Page "3 _of S-
-
issuance of title policy, etc. All invoices submitted for payment must be on Company
letterhead and/or list Company as "payee". Invoices from entities, other than the
Company, under annual contract with the County will not be paid.
7. County shall pay no penalty, fee or other charge for failure to order a title policy. In
such instances, payments made by the County for title commitments and updated
search reports shall be payment in full for title services rendered by Company
related to the subject real estate.
8. Title commitments and updated search reports shall include as attachments, at no
extra cost, legible copies of all state and federal tax liens, ad valorem tax
deficiencies, mechanic's and materialmen's liens, mortgages and financing
statements, judgements, lis pendens, contracts for deed, recorded leases,
easements and any and all covenants and restrictions of record affecting the real
property sought by the County.
Where the portion of property sought by the County is part of the common elements
of any hCffieowner's association, property owner's association or civic association,
Company shall include with the title commitment a copy of all recorded instruments
pertinent to said association (declarations or protective covenants and restrictions.
articles of incorporation, corporate by-laws, etc.).
Where the portion of the real property sought by County is part of the common
elements of a condominium, Company shall include with the title commitment a copy
of the declaration of condominium, and any amendments thereto. Recognizing that
these association documents can be quite voluminous, Company can contact
County if there may be some doubt as to whether said copies are necessary.
Copies of instruments should be attached to the title commitment in the same
reverse chronological order as listed in Schedules "B-1" and "B-2". After the copy of
the instrument that evidences the current record title holder, there should be
attached in reverse chronological order copies of all those instruments listed in
Schedule "B-1 ", followed by all of those instruments listed in Schedule "B-2", again,
in reverse chronological order.
9. Delivery of the title commitments shall be in accordance with the schedule below,
where "delivery schedule" constitutes the total number of business days lapsing
between placement of order by County (NOTICE TO PROCEED) and delivery by
company of completed title commitments,
Number of Title
Commitments Ordered
Delivery Schedule
1 to 3
4 to 6
7 to 1 2
13 to 25
26 to 35
Over 35
Update
6 Business Days
10 BUSiness Days
15 Business Days
20 Business Days
25 Business Days
To be negotiated
6 Business Days
AGENDA ITEM..,?-
No. j/( r.;-
I
SEP t. 5 2001
I Pc. (~J
Bid ~o. 00-3137 ".-\.nnua1 Agreeme;;nt for Preparation &: Delivery ofTirle Commitments
EXHIBIT A
Page .4 of 5
10. Company shall NOT require a certified survey as a pre-condition to issuance of a
title policy.
11 . Certificates of Good Standing from the office of the Secretary of State shall be listed
as exceptions, and NOT as requirements. County shall verify by telephone, with
the Division of Corporations in the state, other than Florida, in which the corporation
is registered, the status of any corporation conveying or releasing an interest in real
property. Upon request by Company, County shall provide a record of the telephone
conversation with the Division of Corporations from the appropriate state, other than
Florida, identifying the date through which the corporation is listed as being active
and current. County shall provide, upon request, a copy of the Corporate Detail
Record along with the Directors/Officers of the corporation from the Florida Division
of Corporations only.
12. The recording of corporate resolutions in the public recol'ds shall NOT be listed as a
requirement.
13. Any requirement for a Notice of Commencement may be included as an exception at
request of the County.
14. Company shall provide the Property Appraiser's folio number for the parent tract
from which County seeks an interest in real property. Ad Valorem taxes, both
current and delinquent (if any) shall be itemized in the title commitment.
15. All orders for the title commitments and title policies shall be in writing either on
County letterhead stationery or by completing the attached form (NOT1CE TO
PROCEED) and mailing or faxing it to the Company.
Quantities: The quantities listed in the Contract Proposal are approximate and are for
the purpose of bid evaluation. The County reserves the right to order such quantities as
may be required during said period, but does not guarantee any minimum or maximum
to be ordered during the period specified.
Award: The general criteria that will be used for the evaluation of this bid is set forth in
the general bidding requirements along with the responses as stated on the bid
proposal pages. Award of bid shall be made to the lowest, qualified and responsive
bidder(s). The County reserves the right to award this contract through an approach
which best serves the interests of the county; i.e., to a single vendor, multiple vendors,
or by a primary/secondary vendor basis, or on a category-by-category basis.
Terms of Contract: This contract will commence on the date of award by the Board of
County Commissioners, and be in effect for two (2) years.
Contract Renewal: Jhe County retains the right to re..qew this contract, with the
consent of the vendor, under the same terms and conditions for two (2) additional one-
year periods.
AGENn ITE~
No. (; r?:
SEP 2 5 2001
Pg. .1. ?
Bid 010. 00-3137 "A.nnual .-\greel..~nr for Preparation & Delivery of Title Cumminl,c:nts
EXHIBIT A
Page - s of :S
Insurance: Since these conditions include insurance requirements, it should be noted
by the bidder that in order to meet the County's requirement there may be additional
insurance costs to the bidder's firm. It is therefore imperative that the bidder discuss
these requirements with the bidder's agent; as rioted on the Insurance Requirements
pages, so that allowance for any additional costs cant be made by the bidder.
Special Note: Collier County Government, is a member of the SW Florida Purchasing
Consortium. It is hereby made a part of this Invitation to Bid that the submission of any
bid in response to this publicized request constitutes a bid made under the same
conditions, for the same contract price, to the other members of the said Consortium.
Vendor Performance Evaluation: 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 completion/termination of
agreement.
Termination: Should the Contractor be found to have failed to perform his services in a
manner satisfactory to the County, the County may terminate this Agreement
immediately for cause; further the County may terminate this Agreement for
convenience with a thirty (30) day written notice. The County shall be sole judge of
non-performance.
AGENDA lTE5--
No. ,II,. e-
~ t ( L ~ 2001
_.d(
EX.....BIT B.
~ .,. ~--L-
NOT1CE TO PROCEED
TO TITLE COMPANY
COLLIER COUNTY REAL PROPERTY MANAGEMENT DEPARTMENT
DATE:
FAX NUMBER:
. TO:
(Company Name)
FROM:
-
(Employee Name)
PARCEL NO(S):
PROJECT:
I INTEREST(S) SOUGHT BY COUNTY:
Please provide:
Title Commitment
Update of Title commitment
Title Policy
1 Identify the Company File/Search No. on
Property:
(TAPE OR TYPE LEGAL DESCRIPTION BELOW OR ATTACH SEPARATE SHEET)
AGEND~ IJ..E,
No. /1,1 &
f
SEP 2 5 2001
Pg. ;) t)'
__"_,__";_,,_",,,,,,""""'d'''~' """.."""..">."~,.,,,,,,. ..,
CONTRACT PROPOSAL
FROM: II r-s,+- T\+\Q...+- ~ os+rcu:+ )1\(.
,
((; 4 0 (~r,c(l \ ~,\\ ~ k!.& f\J (\t-T~
/J l\.9\'€~, F L b~ \ D 2-
DUE:
EXHIBIT ~.
Page "1 ~ ';2.
Eid ~o. 00-3137 "AnnualAgreement for Preparation & Delivery of Title Commitments
Board of County Commissioners
Collier County Government Center
Naples, Florida 34112
RE: BID No. 00-3137 -- "Annual Agreement for Preparation and Delivery
of Title Commitments"
Dear Commissioners:
The undersigned, as bidder, hereby declares that he has examined the specifications
and informed himself fully in regard to all conditions pertaining to furnishing preparation
and delivery of title commitment services as per the attached specifications. The Bidder
further declares that the only persons, company or parties interested in this Proposal or
the Contract to be entered into as principals are named herein; that this Proposal is
made without connection with any other person, company or companies submitting a
Bid or Proposal; and it is all respects fair and in good faith, without collusion or fraud.
The Bidder proposes and agrees, if this Proposal is accepted, to contract with the
County furnish work in full, in complete accordance with the attached specifications,
according to the following unit prices:
Title Commitment
(Includes Search & Examination Fees)
$ ~d-S . 00
(flat rate)
Update of Commitment
(Endorsement to Initial Commitment)
$ l S' 00
(flat rate)
Risk Premiums for Title Insurance
(Over & above minimum $100 rate set forth in law)
$ 17,300 to $ 100,000 real property value
$ 100,001 to $ 1,000,000 real property value
~ S,(X:::CLOCQ.
$1,000,001 to $10,000,000 real property value
;/J
4\ 5,ooo,a:J\ ro
$S"15 1$1,000
$ S' ro 1$1,000
$ a.so 1$1,000
_~~ ~ 'd-.S Ii' ,coo
",..-..
Proposal continued on next page....
AGE~", II.!~
No. /(. L_
I
SEP 2 5 2001
1-g.,~6
PROPOSAL CONTINUED
EXHIBIT ~
Page z. ftf Z.
Eid No. 00-3137 "Annual.-\greement for Preparation & Delivery ofTicle Commitments
Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be
considered and computed in the tabulation of the bids. In no instance should terms for less
than 15 days payment be offered.
Prompt Payment Terms: _%
Days; Net ~ Days
Addenda received (if applicable): #1_ #2_ #3
The service to be furnished by us is hereby declared and guaranteed to be in conformance with
the specifications of the County.
The undersigned do agree that should this Proposal be accepted, to execute the form of
contract and present the same to the County Purchasing Director for approval within fifteen (15)
days after being notified of the awarding of the Contract. .
The undersigned do further agree that failure to execute and deliver said forms of contract
within fifteen (15) days, will result in damages to the County.
IN WITNESS WHEREOF, WE have hereunto subscribed our names on this ~ day of
kC\..t""C ~ , 200iin the County of (0\\' eI , in the State of FL .
\
t\\S0 \\~~'\\b~6 \n.c.
Firm's Complete Legal Name '
Check one of the following:
~
o
o
Sole Proprietorship
Corporation or P.A.
limited Partnership
General Partnership
Phone No. ~\4 \ - ~ Io~ - \::;\y,SS
FAX No. qll.\ - ~'o;:j.... - O'Sr"b
IOl\O er1'f\\E?\t~ ~~ \\J
l
Address
~Q~\es fL slx\O~
City, tate, ZIP
BY: J1AQk ::S. \D('Y\f)\J..)~R\) f\-e..s\c\et\\-
Typed and Written Signature .
Mark J. Woodward, President
1 t'~Slt\~~
Title
~
NOTE: If you choose to bid, please submit an
ORIGINAL and ONE COpy of your proposal pages.
AGENOA ITf
No. /1-. b
I V
SEP 2 5 2001
Pg. 11
',''''1Ii:,^,''''
EXECUTIVE SUMMARY
APPROVAL OF THE PURCHASE OF PROPERTY AND CASUALTY INSURANCE AND
RELATED SERVICES FOR FY 2002.
OBJECTIVE: To seek approval from the Board to purchase Property & Casualty Insurance and
related services for FY 02.
CONSIDERATIONS: The Board of Commissioners purchases an All Lines Aggregate insurance
program for its property and casualty insurance needs. The ALA Program combines General
Liability, Automobile Liability, Property (including auto physical damage and flood coverage),
Workers' Compensation, Crime, and Errors and Omissions Liability coverage into a single program
with per occurrence retention limits per line of coverage as well as an aggregate retention limit for all
lines of coverage which caps total program costs. Additional excess coverage is purchased if higher
limits are necessary. Total program costs include fixed premiums, adjusting costs, and broker fees
plus expected losses.
Every three years an extensive marketing effort is performed to assure that the County's insurance
program is both comprehensive and competitive. This extensive marketing effort occurred in March
2001 for the October 1,2001 renewal.
The renewal quotations as of this writing indicate a significant increase in premium costs for FY 02.
Premiums are a function of two primary factors - insured exposures and premium rate. Exposures
include insured property values and rate is the charge per $1,000 of insured value. Overall program
costs are up approximately 60%. The factors driving this increase are:
CJ An increase in property insurance rates of approximately 64%. Property insurance rates are
being driven up due to several factors. These include:
o Tropical Storm Allison which cost insurers $3,000,000,000.
o An overexposure to insurers in their concentration of insured values in Florida and
Collier County.
o The decision of the County's property carrier, Crum and Forster to drastically reduce
available capacity to Collier County Government from $330,000,000 to $20,000,000.
This required the County to find alternative sources of coverage at higher pricing.
o The difficulty of insurers in finding available reinsurance for coastal communities.
CJ An increase in insured property values of $267,000,000, which increased from $335,000,000
to $602,000,000. This increase is due to the identification of insurable values found as a
result of the use of the Archibus sofuvare system utilized by Facilities Management.
Q An increase in helicopter insurance of approximately 37%, which results from losses to the
aircraft insurance industry, and an unavailability of coverage. Seven markets were
approached and declinations were made by six of the seven markets approached.
--
AGENDA ITEM
No. Ie.. c.~
SEP 2 5 2001
Pg. I
The cost to renew all property, liability, and workers' compensation coverage is as follows:
Policy Type Expiring Expiring with Projected Renewal Premium
Premium Ad.iusted Values
ALA $563,100 $875,000 $975,000
Excess Property $325,168 $585,000 $2,250,000
Excess DIC $212,872 $385,000 Included in Excess Property
Excess Crime $4,829 $4,829 $6,500 estimated
Excess Work Comp $38,364 $38,364 $44,100
BoilerlMachinery $8,519 $8,519 $8,750
Statutory AD&D $9,483 $9,483 $9,483
Pollution Liability $75,124 $75,124 $80,000 estimated
Claims Fee $85,750 $85,750 $65,400 (Johns Eastern)
Claims Fee- Northland $9,000 $9,000 $0
Broker Fee $73,301 $73,301 $67,001
Estimated Claims $2,000,000 $2.000,000 $2,000,000
Helicopter- EMS EC 135 $116,089 $116,089 $159,950
Aircraft- Cessna 182 $3,378 $3,378 $3,555
Airport Liability $11,375 $11,375 $11,375
Total Cost S3,536,352 S4,280,212 $5,681,114
The current retention (deductible) per occurrence is $100,000 per person and $200,000 per
occurrence for all lines with the exception of Workers' Compensation, which is $150,000. The
maximum aggregate amount of retained losses for these lines is $2,000,000 per year. The current
wind deductible is $2,500 per building/$1 00,000 per occurrence. Staff continues to seek options to
reduce the cost of this program and is awaiting responses from various undernTiters regarding
various coverage and retention options.
In the interest of time, staff is requesting authority from the Board for the Director of Risk
Management to review and approve potential coverage change options and changes to the
retentions/deductibles for the program in order to reduce the cost of the program. These changes
may include, but not be limited to, an increase in the property retention for all perils other than
windlflood to $250,000 or $500,000 per occurrence. Other changes may include an increase in the
retention for windlflood losses to 2% per building. Finally, this may include a change in or
elimination of the purchase aggregate excess insurance coverage. No change will result in higher
program cost.
Finally, staff through its broker, reviewed workers' compensation adjusting services as part of this
program review. Since 1996, the county has utilized the services of FEISCO as its third part
administrator. The contract with FEISCO contains an option to renew for one additional year subject
to Board approval. The County's excess carrier must approve the adjusting companies that service
its program of which Johns Eastern Company is an approved company. Staff received a proposal
from Johns Eastern and also made a site visit to Johns Eastern. Johns Eastern's proposal was
....~ competitive with the current FEISCO program in terms of location, price, and its ability to service__
AGENDA ITEM
No. / (. t.~- ~_
SEP 2 5 2001
Pg. ;2..
the county's needs. In addition, Johns Eastern possesses technological advantages which enhance its
ability to service the county. This is a service FEISCO is unable to accommodate. Therefore, staff is
recommending that the Board approve Johns Eastern Company as the property and liability adjusting
company for its program effective October 1, 2001.
FISCAL IMPACT: Total expected costs for these insurance coverages are $5,681,114. Expected
departmental overhead is $373,900. Therefore, the total fiscal impact of these programs is
$6,055,014. Allocated Property, Casualty and Workers' Compensation premiums among
departments total $5,216,200. Thus, a deficit of $838,814 exists in the Property and Casualty and
Workers' Compensation funds that will have to be funded through increased departmental billings.
Budget amendments are needed to appropriate reserves in funds which have increased billings, and
recognize and appropriate additional revenues and expenses in the Property and Casualty and
Workers' Compensation funds.
GRO\VTH MANAGEMENT IMPACT: None.
RECOMMENDATION: It is recommended that the Board approve the following:
I) Approve the purchase of the All Lines Aggregate Property & Casualty Insurance Program and
additional excess insurance outlined in the executive summary and its exhibits effective October
1,2001.
2) Approve the purchase of Aircraft, Airport Liability, Boiler & Machinery, Pollution Liability,
Statutory Accidental Death, and Law Enforcement Liability coverages as outlined in the
executive summary effective October 1,2001.
3) Approve the rejection of Uninsured Motorist Insurance, authorizing the Risk Management
Director to execute those forms necessary to effectuate such action.
4) Authorize the Risk Management Director to negotiate and approve changes in program
retentions/deductibles and negotiate further coverage additions or deletions, which will enable a
reduction in program costs, and to comply with the Stafford Act and other statutory and
contractual requirements.
5) Decline to exercise the FEISCO contract extension and approve the selection of Johns Eastern
Company as the county's Workers' Compensation adjuster, authorizing staff to negotiate a three
year contract with renewal options for the chairman's signature, subject to a review for legal
sufficiency by the County Attorney with an effective date of October 1, 2001.
6) Authorize staff to complete those budget amendments necessary to facilitate this program
renewal.
PREPARED BY:
Jeffre
YY't,A.,t"--- DATE: L} /; J"/o i
alker, CPCU, ARM, Risk Management Director
".........,
,/11/ /' ~ / If
REVIEWED BY: ~ittvV DATE: 1/;'j! t
lo-Anne Varcoe-Leamer, Support Services Administrator
AGENDA ITEM
NO.__-L~~._.
SEP 2 5 2001
Pg. .J
Summary of Property and Casualty Fund Shortages:
Fund Amount
001 $256,537
101 $26,301
109 $14,940
111 $72,458
113 $5,249
114 $1,395
130 $8,410
144 $561
146 $1,084
188 $507
198 $7,147
408 $344,460
410 $2,501
441 $577
470 $10,381
490 $19,335
495 $45,191
521 $3,890
641 $4,019
669 $663
681 $13,208
Total $838,814
AGENDA ITE;...,
NO'-~3
SEP 2 5 2001
Pg.
EXECUTIVE SUMMARY
~"
APPROVE A BUDGET AMENDMENT IN THE EMERGENCY MEDICAL
SERVICES FUND 490 BUDGET TO APPROPRIATE ADDITIONAL REVENUE
AND RESERVES.
OBJECTIVE: To approve a budget ammendment to cover projected personnel and
operating costs in the FYO 1 budget.
CONSIDERATION: The EMS personnel expenses were forecast in the budget process
to be $426,700 over adopted budget and operating expenses were forecast to be $17,800.
Actual increased expenses for personnel will be $275,659 considering $272,000 will
come from reserves for merit increases. As stated in the FY 02 tentative budget
"PersOlmel services are higher than budget due to increased overtime and implementation
of the employee union contract mid year. II The monies are available as additional
carryforward revenue collected over FY 01 adopted budget due to the County Manager's
reorganization.
-
FISCAL IMPACT: Funds in the amount of $547 l 659 will be derived from $275,659 in
additional carry forward and $272.000 from Reserve for Merit Increases in the
Emergency Medical Fund 490. Additional revenue must be recognized and appropriated
and reserves will be re-appropriated as an expense.
GRO\VTH MANAGEMENT Il\IPACT: N/A
RECOMMENDATION: The Board of County Commissioners approve a budget
amendment as stated above in the Emergency Medical Service 490 budget.
REVIEWED BY:
--~~
SUBMITTED BY: c:--=~_:~~~ ~/ Date: "/-/1- v/
Steve Rockq;--E1Vl-S--Commander
9. /j I(..~ Date: c;-1// Ie) I
JeftPa~~:)Director/of Operations '
L
;lift., I I /,';;- -.Jlc~,.{ t(..{l, I Date: Z/;//~!
Tom Storrar, Emergency Services Administrator
APPROVED BY:
-
AGENDA ITEM
No. Ie.. ,= \
SEP 2 5 Zrto1
Pg,--L-
"'-"~,----,,,,.,",..,..=,"~.<.-.,., _.~. "''^'''~",.",,,....,..,,,,,,,.,,..\
EXECUTIVE SUMMARY
ADOPT A RESOLUTION AUTHORIZING THE ACCEPTANCE OF AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY
AFFAIRS AND COLLIER COUNTY REGARDING MONIES AVAILABLE IN
THE EMERGENCY MANAGEMENT PREPAREDNESS AND ASSISTANCE
TRUST FUND
OBJECTIVE: That the Board of County Commissioners accept and approve
Agreement #02CP-04-09-21-01-011 between the State of Florida Department of
Community Affairs and Collier County for funds to enhance emergency program
activities within Collier County for FY 01-02. That the Board of County Commissioners
adopt the attached Resolution indicating Board approval of the Agreement and authorize
the Chairman to execute and accept the Agreement with all understandings and
assurances contained therein and to act in connection with the Agreement.
CONSIDERA TION: This is the ninth year that the State of Florida has made funds
available to allow local governments to enhance their emergency management programs.
These funds are available as a result of a surcharge of $2.00 for each residential insurance
policy and $4.00 for each business policy. The Florida Legislature adopted Rule 9G-19,
Florida Administrative Code in January 1994. The Rule enables counties with full-time
emergency management directors to receive monies to enhance existing programs by
purchasing additional equipment or hiring additional personnel. Each county must
develop a 5 year Strategic plan which comprises the Scope of Work for the grant. Funds
will be awarded only when all work in the previous year's Scope of Work has been
satisfactorily completed. For Fiscal Year 01-02, the Department of Community Affairs
has agreed to provide the sum of$105,806 to Collier County for program enhancements.
From this sum, the State Division of Emergency Management will deduct $2,832.00 for
the maintenance of the Emergency Satellite Communication System (ESATCOM) that is
installed in the Emergency Operations Center and the 24 hour Warning Point at the
Sheriff's Office Communications Center. As in past years, monies from this fund cannot
be used to supplant existing emergency management programs nor be used to match
funds from another program under this Trust Fund.
FISCAL IMPACT: $103,000 was included as revenues for FY 01-02 during the
original budget preparation.
......,
GROWTH MANAGEMENT IMPACT: There is no growth management impact.
AGENDA I~M
No. /(. ;=:
....
SEP 2 5 2001
I
Pg.
RECOMMENDATION: That the Board of County Commissioners approve
Agreement #02CP-04-09-21-01-011 between the State of Florida Department of
Community Affairs and Collier County and adopt the attached Resolution authorizing the
execution and acceptance of the Agreement.
SUBMITTED B
Date: 1~~/
Kenneth F. Pineau, CEM, FPEM, Emergency Management Director
.M)
APPROVED BY: / ! ";'o/:/k! _../ (foe~. " ~ ,C Date:' j.
Thomas Storrar, CEM, FPEM, Emergency Services Administrator
~,~......,
AGENDA I~M
No, I ~ r
SEP 2 5 2001
~
Pg.
Contract Number: 02CP-04-09-21-01-011
CSFA Number: 52008
CFDA Number: 83.552
STATE FUNDED SUBGRANT AGREEMENT
,
THIS AGREEMENT is entered into by and between the State of Florida, Department of
Community Affairs, with headquarters in Tallahassee, Florida (hereinafter referred to as the
"Department"), and COLLIER COUNTY, (hereinafter referred to as the "County").
THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS:
WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes.
and Rule Chapter 9G-I9, Florida Administrative Code. to disburse funds for emergency
management grants to counties; and
WHEREAS, the County is eligible to receive said funds and agrees to comply with all the
requirements of this Agreement and Rule Chapter 9G-I9, Florida Administrative Code.
NOW, TIIEREFORE, the Department and the County do mutually agree as follows:
1. SCOPE OF WORK AND FUNDING
The County shall fully perform the obligations in accordance with the Scope of Work,
Attachments A and A-I of this Agreement. Funding for performance of the Scope of Work
shall be provided in accordance with Attachment F.
II. INCORPORA nON OF LAWS. RULES. REGULATIONS AND POLICIES
Both the County and the Department shall be governed by applicable State and Federal
laws, rules and regulations, including, but not limited to, those identified in Attachment B.
III. PERIOD OF AGREEMENT
This Agreement shall begin October 1,2001 and shall end September 30,2002, unless
terminated earlier in accordance with the provisions of Paragraphs VII, IX or X of this
Agreement. All requests for reimbursement must be submitted within 30 days after the
termination date of the Agreement. No reimbursement requests received after
November 1,2002 may be reimbursed from this Agreement. Reimbursement requests
shall not be submitted by facsimile transmission.
IV. MODIFICA TION OF CONTRACT
Either party may request modification of the provisions of this Agreement. Changes which
are mutually agreed upon shall be effective only when reduced to writing, duly signed by
each of the parties hereto, and attached to the original of this Agreement. No change to the
terms and conditions of this Agreement, including the Scope of Work, shall be effective
until filed and approved in accordance with the provisions in Attachment A. However,
changes to the amount of funding to be provided may be accomplished by notice from the
Department to the County, in the form of certified mail, return receipt requested. The
AGENDA ITEM
No. It,;: J ~
SEP 2 5 2001
Pg. 3
Department may make an award of additional funds by subsequent Award Letter certified
mail, return receipt requested, to the County's contact identified in Paragraph VIII, below.
Should the County detennine it does not wish to accept the award of additional funds, then the
County shall provide notice to the Department contact within thirty (30) days ofreceipt of the
Award Letter. Otherwise, the County shall provide to the Department its written notice of
acceptance within forty-five (45) days ofreceipt of the Award Letter. The tenns of this
Agreement shall be considered to have been modified to include the additional funds upon
receipt of the written notice of acceptance.
V. MONITORING
The County shall constantly monitor its performance under this Agreement to ensure that
time schedules are being met, the Scope of Work is being accomplished and other
performance goals are being achieved. Such review shall be made for each function or
activity set forth in Attachment A to this Agreement, and reported in accordance with
Attachment D. Records of such activities shall be created and retained in accordance with
Attachment C.
VI. LIABILITY
The County shall be solely responsible to parties with whom it shall deal in carrying out the
terms of this Agreement. For purposes of this Agreement, the County agrees that it is not an
employee or agent of the Department.
VII. NONCOMPUANCE. REMEDIES. AND TERMINATION
A. If a County fails to comply with any term or condition applicable to an award under
Rule Chapter 9G-19 or any term or condition including, but not limited to, federal
and state laws, agreements, rules and regulations, applicable to any other funding for
the County administered by the Division, then the Department shall take one or
more of the following actions, as indicated by the attendant circumstances:
1. temporarily withhold cash payments, pending correction of the deficiency, or
more severe enforcement action;
2. disallow all or part of the cost of the activity or action not in compliance;
3. suspend or terminate the award;
4. disallow future participation in the program or funding provided under this
rule chapter;
5. recover all funds provided under the current award.
B. Costs of the County resulting from obligations incurred by the County during
suspension or after termination of an award are not allowable unless the Department
expressly authorizes them in the notice of suspension or termination, or
subsequently authorizes them in writing. Other County costs during suspension or
after termination which are necessary and not reasonably avoidable may, in the sole
discretion of the Department, be allowable if:
AGENQ.A..!{EM
No. It. /- -r:J:a
SEP 2 5 2001
Pg. 1
2
1. the costs result from obligations which were properly incurred by the
County before the effective date of the suspension or termination, are
not in anticipation of the suspension or termin:ltion, and, in the case of
termination, are not cancelable, and
2. the costs would be allowable ifthe aW:lrd were not suspended or expired
normally at the end of the period in which the termination occurs.
C. Counties with terminated gmnts shall remain oblig:lted to provide all required
closeout information
D. In the event that any audit determines that costs reimbursed or otherwise
funded under this Agreement should be disallowed, then the County shall return
those disallowed funds to the Department. In the altemative, the Department
may, in its sole discretion, offset the disallowed amount against any current or
future awards to the County from any other grant agreement or contract with the
County administered by the Department.
E. Actions taken for noncompliance constitute final Department action under
Chapter 120, Florida Statutes, as amended. Notification of such actions shall include
notice of administrative hcaring rights and time framcs.
F. The County shall return funds to thc Department if found in non-compliance with
laws, rules, or regulations govcrning the usc of the funds or this Agrcement.
VIII. NOTICE AND CONTACT
A. All written communications rcbting to this Agreement shall be directed to the
following address:
PlaIming l\1anager, El\IP A Trust Fund
Department of Community Aff:lirs
Division of Emergency l\lanagement
Bure:lu of Compli:lnce Pbnning :lnd Support
2555 Shum:lrd Oak Boulev:lrd
TalIah:lssee, FL 32399-2100
B. The signer of the Agreement or his/her designee shall be the County's Contract
Manager. All communications, written or oral, relating to this Agreement shall
be directed to him/her at the following address:
Kenneth F. Pineau, CEM, FPEM
Collier County Emergency Management
3301 T:lmiami Trail East, Bldg F
Napks, FL 34112
Telephone # (941) 774-8444
3
AGENDA/~
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C. All payments rebting to this Agreement shall be mailed to the following address:
Collier County Emergency Management
3301 Tamiami Trail East, Bldg F
Naples, FL 34112
D. In the event that different representatives are designated by either party after
execution of this Agreement, notice of the name, title, address and telephone
number of the new representative will be rendered as provided in Subparagraph A
and B above.
IX. OTHER PROVISIONS
A. The validity of this Agreement is subject to the tmth and accuracy of all the
information, representations, and materials submitted or provided by the County,
in this Agreement. in any subsequent submission or response to Department request, or in
any submission or response to fulfi II the requirements of this Agreement, and such
information, representations, and materials are incorporated by reference. The lack of
accuracy thereof or any material changes shall, at the option of the Department and with
(30) days written notice to the County, cause the termination of the Agreement and the
release of the Department from all its
obligations to the County.
B. This Agreement shall be construed under the bws of the State of Florida, and
venue for any actions arising out of this Agreement shall lie in Leon County. Ifany
provision hereof is in confl ict with any applicable statute or mle, or is otherwise
unenforceable, then such provision shall be deemed severable, and shall
not invalidate any other provision of this Agreement.
C. No waiver by the Depal1ment of any right or remedy granted hereunder or failure
insist on strict performance by the Cou nty shall affect or extend or act as a waiver of any
other right or remedy of the Depa11mcnt hereunder. or affect the subsequent exercise of
the same right or remedy by the Department for any further or subsequent default by the
County. Any po\\'er of approval or disapproval granted to the Department under the
terms of this Agreement shall survive the terms and the life of this Agreement as a whole.
D. The Agreement may be executed in any number of counterparts, anyone of which
may be taken as an original.
X. AUDIT REOUIREMENTS
FEDERAL FUNDS A\\' ARDED UNDER THIS AGREEMENT
A.
The County agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
B.
These records shall be available at all reasonable times for inspection, review, or audit
by state personnel and other personnel duty authorized by the Department. "Reasonable"
shall be constmed according to circumstances. but ordinarily shall
4
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mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through
Friday.
C. The County shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds
awarded under this Agreement.
D. In the event that the County expends $300,000 or more in Federal awards in its
fiscal year, the County must have a single or program-specific audit conducted in
accordance with the provisions of OMB Circular A- 133, as revised. In determining
the Federal awards expended in its fiscal year, the County shall consider all sources
of Federal awards, including Federal funds received from the Department. The
determination of amounts of Federal awards expended should be in accordance with
the guidelines established by OMB Circular A-l33, as revised. An audit of the
County conducted by the Auditor General in accordance with the provisions OMB
Circular A-I33, as revised, will meet the requirements oftrus part.
In connection with the above audit requirements, the County shall fulfill the
requirements relative to auditee responsibilities as provided in Subpart C of OMB
Circular A-l33, as revised.
If the County expends less than $300,000 in Federal awards in its fiscal year, an
audit conducted in accordance with the provisions ofOMB Circular A-I33, as
revised, is not required. In the event that the County expends less than $300,000 in
Federal awards in its fiscal year and elects to have an audit conducted in accordance
with the provisions ofOMB Circular A-l33, 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
County funds obtained from other than Federal entities).
1. The annual financial audit report shall include all management letters and
the County's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreements and other revenue by
sponsoring agency and Agreement number.
3. Copies of audit reports for audits conducted in accordance \vith OMB
Circular A-I33, as revised, and required by subparagraph (d) above shall be
submitted, when required by Section .320 (d), OMB Circular A-l33, as
revised, by or on behalf ofthe County directlv to each of the following:
(a) The State of Florida at each of the following addresses:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted] Sauerbeck
Room 574, Claude Pepper Building
III West Madison Street
TaIlahassee, Florida 32302-1450
AGENDA IJ.e;M
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5
(b) The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised
(the number of copies required by Sections .320(d)(I) and (2), OMB Circular A-l33,
as revised, should be submitted to the Federal Audit Clearinghouse), at the following
address:
Federal Audit Clearinghouse
Bureau of the Census
1201 East lOth Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance with Sections
.320 (e) and (f), OMB Circular A-133, as revised.
4. In the event that a copy of the audit report for an audit required by subparagraph (d)
above and conducted in accordance with OMB Circular A-133, as revised, is not
required to be submitted to the Department for the reasons pursuant to Section
.320(e)(2), OMS Circular A-133, as revised, the County shall submit the required
written notification pursuant to Section .320(e)(2) and a copy of the County's audited
schedule of expenditures of Federal awards directly to each of the following (If the
State agency, pursuant to Section .320(f), OMS Circular A-I33, wants a copy of the
reporting package described in Section .320(c) and/or a management letter, the State
agency should replace the above language with the following language). Pursuant to
Section .320(f), OMB Circular A-133, as revised, the County shall submit a copy of
the reporting package described in Section .320(c), OMS Circular A-133, as revised,
and any management letters issued by the auditor, to the Department at the following
program address:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
E. In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof,
were not spent in accordance with the conditions of this Agreement, the County shall be held
liable for reimbursement to the Department of all funds not spent in accordance with these
applicable regulations and Agreement provisions within thirty (30) days after the Department
has notified the County of such non-compliance.
F. The County shall retain all financial records, supporting documents, statistical records, and
any other documents pertinent to this contract for a period of three years after the date of
submission of the final expenditures report. However, if litigation or an audit has been
initiated prior to the expiration of the three-year period, the records shall be retained until the
litigation or audit findings have been resolved.
G. The County shall have all audits completed by an independent certified public accountant
(IPA) who shall either be a certified public accountant or a public accountant licensed under
Chapter 473, Florida Statutes. The IPA shall state that the audit complied with the applicable
provisions noted above.
H. The audit is due seven (7) months after the end of the fiscal year of County or by the date the
audit report is issued by the state Auditor General, whichever is later.
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I. An audit performed by the State Auditor General shall be deemed to satisfy the above audit
requirements.
STATE FUNDS AWARDED UNDER THIS AGREEMENT
A. The County agrees to maintain financial procedures and support documents, in
accordance with generally accepted accounting principles, to account for the receipt
and expenditure of funds under this Agreement.
B. These records shall be available at all reasonable times for inspection, review, or
audit by state personnel and other personnel duly authorized by the Department.
"Reasonable" shall be construed according to circumstances, but ordinarily shall
mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through
Friday.
C. The County shall also provide the Department with the records, reports or financial
statements upon request for the purposes of auditing and monitoring the funds
awarded Wlder this Agreement.
D. In the event that the County expends a total amount of State awards (i.e., State
financial assistance provided to County to carry out a State project) from all state
sources equal to or in excess of $300,000 in any fiscal year of such County, the
COWlty must have a State single or project-specific audit for such fiscal year in
accordance with Section 215.97, Florida Statutes.
In determining the State awards expended in its fiscal year, the County shall
consider all sources of State awards, including State foods received from the
Department, except that State awards received by a nonstate entity for Federal
program matching requirements shall be excluded from consideration. The funding
for this Agreement was received by the Department as a Grant and Aid
appropriation.
1. The annual financial audit report shall include all management letters and
the County's response to all findings, including corrective actions to be
taken.
2. The annual financial audit report shall include a schedule of financial
assistance specifically identifying all Agreement and other revenue by
sponsoring agency and Agreement number.
3. The complete financial audit report, including all items specified in (l2)(d) 1
and 2 above, shall be sent directly to:
Department of Community Affairs
Office of Audit Services
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
and
State of Florida Auditor General
Attn: Ted J Sauerbeck
Room 574, Claude Pepper Building
III West Madison Street
Tallahassee, Florida 32302-1450
AGENDA ITEM
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4. In connection with the audit requirements addressed in (d) above, the County
shall ensure that the audit complies with the requirements of Section 215.97,
Florida Statutes. This includes submission of a reporting package as defined
by Section 215.97, Florida Statutes.
5. If the County 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 County 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 non-State funds (i.e., the
cost of such an audit must be paid from County funds obtained from other
than State entities).
E. In the event the audit shows that the entire funds disbursed hereunder, or any portion-
thereof, were not spent in accordance with the conditions of this Agreement, the
County shall be held liable for reimbursement to the Department of all funds not
spent in accordance with these applicable regulations and Agreement provisions
within thirty (30) days after the Department has notified the County of such
non-compliance.
F. The County shall retain all financial records, supporting documents, statistical
records, and any other docwnents pertinent to this contract for a period of three
years after the date of submission of the final expenditures report. However, if
litigation or an audit has been initiated prior to the expiration of the three-year
period, the records shall be retained until the litigation or audit findings have been
resolved.
G. The County shall have all audits completed in accordance with 215.97, Florida
Statutes, by an independent certified public accountant (IP A) who shall either be a
certified public accountant or a public accountant licensed under Chapter 473,
Florida Statutes. The IP A shall state that the audit complied with the applicable
provisions noted above.
XI. SUBCONTRACTS AND PROCUREMENT
A. If the County subcontracts any or all of the work required under this Agreement, the
County agrees to include in the subcontract language requiring the subcontractor to
be bound by the terms and conditions of this Agreement with the Department.
B. The County agrees to include in the subcontract a provision that the subcontractor
shall hold the Department and County harmless against all claims of whatever nature
arising out of the subcontractor's performance of work under this Agreement, to the
extent allowed and required by law.
See Attachment E for any additional terms and conditions pertaining to subcontracts.
XII. TERMS A1\TD CONDITIONS
The Agreement contains all the terms and conditions agreed upon by the parties.
8
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XIII. ATTACHMENTS
A. All attachments to this Agreement are incorporated as if set out fully herein.
B. In the event of any inconsistencies or conflict between the language of this
Agreement and the attachments hereto, the language of such attachments shall be
controlling, but only to the extent of such conflict or inconsistency.
XIV. STANDARD CONDITIONS
The County agrees to be bound by the following standard conditions:
A. The State of Horida's performance and obligation to pay under this Agreement is
contingent upon an annual appropriation by the Legislature, and subject to any
modification in accordance with Chapter 216, Florida Statutes.
B. If otherwise allowed under this Agreement, extension of an Agreement for
contractual services shall be in writing for a period not to exceed six (6) months and
shall be subject to the same terms and conditions set forth in the initial Agreement.
There shall be only one extension of the Agreement unless the failure to meet the
criteria set forth in the Agreement for completion of the Agreement is due to events
beyond the control of the County.
C. All bills for fees or other compensation for services or expenses shall be submitted
in detail sufficient for a proper preaudit and postaudit thereof.
D. If otherwise allowed under this Agreement, all bills for any travel expenses shall be
submitted in accordance with s. 112.061, Florida Statutes.
E. The Department reserves the right to unilaterally cancel this Agreement for refusal
by the County to allow public access to all documents, papers, letters or other
material subject to the provisions of Chapter 1 19, Florida Statutes, and made or
received by the County in conjunction with the Agreement.
F. The State of Florida will not intentionally award publicly-funded contracts to any
contractor who knowingly employs unauthorized alien workers, constituting a
violation of the employment provisions contained in 8 D.S.C. Section 1324a(e)
[Section 274A(e) of the Immigration and Nationality Act ("INA")]. Tre Department
shall consider the employment by any contractor of unauthorized aliens a violation
of Section 274A(e) of the INA. Such violation by the Recipient of the employment
provisions contained in Section 274A(e) of the INA shall be grounds for unilateral
cancellation of this Agreement by the Department.
G. A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide
any goods or services to a public entity, may not submit a bid on a contract with a
public entity for the construction or repair of a public building or public work, may
not submit bids on leases of real property to a public entity, may not be awarded or
9
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.' -_..-----,...,.~ ~.>_.....~-,-~--,"--~._.~~"
perform work as a contractor, supplier, subcontractor, or consultant under a contract
with a public entity, and may not transact business with any public entity in excess
of Category Two for a period of 36 months from the date of being placed on the
convicted vendor list.
H. Discrimination - 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.
XV. ST ATE LOBBYING PROHIBITION
No funds or other resources received from the Department in connection with this
Agreement may be used directly or indirectly to influence legislation or any other official
action by the Florida Legislature or any state Department.
XVI. LEGAL AUTHORIZA nON
The County certifies with respect to this Agreement that it possesses the legal authority to
receive the funds to be provided under this Agreement and that, if applicable, its governing
body has authorized, by resolution or otherwise, the execution and acceptance of this
Agreement with all covenants and assurances contained herein. The County also certifies
that the undersigned possesses the authority to legally execute and bind County to the terms
of this Agreement.
XVII. EQUIPMENT AND PROPERTY MANAGEMENT
The County acknowledges the completed installation of a Hughes Network Systems, Inc.,
Personal Earth Station@ and related equipment (hereinafter "the Equipment").
The County acknowledges and agrees to comply with applicable terms and conditions of:
(1) the State of Florida LeaselPurchase Agreement, dated October 1994, executed between
Hughes Network Systems, Inc. ("I-INS"), and the Department, (a copy of which is available
from the Department) regarding the procurement and use of the Equipment; and (2) the
Services Agreement Between Hughes Network Systems, Inc., and the State of Florida, dated
January 1995, (a copy of which is available from the Department) (hereinafter, collectively,
"the HNS Agreements") regarding the operation of an interactive satellite communications
service for the Department, the County and other sites. In particular, the County agrees:
A. That any reports of problems with the Equipment or system, trouble reports, and any
requests for repairs, service, maintenance or the like, shall be communicated directly
and exclusively to the Department's State Warning Point (SWP) (850) 413-9910.
B. That the County will assist and comply with the instructions of the SWP and any
technical service representative responding to the report or service request. County
personnel shall cooperate with and assist service representatives, as required, for
AGENDA ITEM
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installation, troubleshooting and fault isolation, with adequate staff.
C. That the County shall not change, modify, deinstall, relocate, remove or alter the
Equipment, accessories, attachments and related items without the express \\Titten
approval of the Department.
D. That the County shall provide access, subject to reasonable security restrictions, to
the Equipment and related areas and locations of the County's facilities and
premises, and will arrange permitted access to areas of third-party facilities and
premises for the purpose of inspecting the Equipment and performing work related
to the Equipment. Service representatives and others performing said work shall
comply with the County's reasonable rules and regulations for access, provided the
Department is promptly furnished with a copy after execution oftrus Agreement.
The County shall provide safe access to the Equipment and will maintain the
environment where the Equipment is located in a safe and secure condition. The
County shall provide service representatives with access to electrical power, water
and other utilities, as well as telephone access to the County facility as required for
efficient service.
E. That the County shall take reasonable steps to secure the Equipment and to protect
the Equipment from damage, theft, loss and other hazards. Trus shall not obligate
the County to procure insurance. The Department agrees to procure and maintain all
risks insurance coverage on the Equipment. The County agrees to refrain from using
or dealing with the Equipment in any manner which is inconsistent with the HNS
Agreements, any policy of insurance referred to in the HNS Agreements, and any
applicable laws, codes ordinances or regulations. The County shall not allow the
Equipment to be misused, abused, wasted, or allowed to deteriorate, except normal
wear and tear resulting from its intended use. The County shall immediately report
any damage, loss, trouble, service interruption, accident or other problem related to
the Equipment to the S\VP, and shall comply with reasonable instructions issued
thereafter.
F. That any software supplied in connection with the use or installation of the
equipment is subject to proprietary rights of Hughes Network Systems, Inc., and/or
HNS's vendor(s) and/or the Department's vendor(s). The use of one copy of said
software is subject to a license granted from HNS to the Department, and a
sublicense from the Department to the County, to use the software solely in the
operation of the Equipment, to commence on delivery of the software to the County
and to last for the term of the HNS Agreements. The County shall not: (i) copy or
duplicate, or permit anyone else to copy or duplicate, any part of the software, or (ii)
create or attempt to create, or permit others to create or attempt to create, by reverse
engineering or otherwise, the source programs or any part thereof from the object
programs or from other information provided in connection with the Equipment.
The County shall not, directly or indirectly, sell, transfer, offer, disclose, lease, or
license the software to any third party.
G. To comply with these provisions until the termination of the HNS Agreements.
H. The amounts retained for the satellite service cover the initial order for services
AGENDA;5EM
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provided to the Department pursuant to the services agreement betvveen Hughes
Network Systems and the State of Florida. The charge does not cover maintenance,
repair, additional equipment and other services not part of the initial order for
services. The service charge covers only the remote corrective maintenance
specified in paragraph 4.3 of the Service Agreement with HNS and does not
coverother maintenance, repair, additional equipment and other services not part of
the initial order for services. In particular, the service charge does not cover:
1. Maintenance, repair, or replacement of parts damaged or lost through
catastrophe, accident, lightning, theft, misuse, fault or negligence of the
County or causes external to the Equipment, such as, but not limited to,
failure of, or faulty, electrical power or air conditioning, operator error,
failure or malfunction of data communication Equipment not provided to the
County by the Department under this Agreement, or from any cause other
than intended and ordinary use.
2. Changes, modifications, or alterations in or to the Equipment other than
approved upgrades and configuration changes.
3. Deinstallation, relocation, or removal of the Equipment or any accessories,
attachments or other devices.
The County shall be independently responsible for any and all charges not part of the initial
service order.
XVllI. COMMUNICA nONS COSTS
By its execution of this Agreement, the County authorizes the Department to deduct the
appropriate costs of the recurring charges for the satellite communications Service from the
allocation provided to County under Rule 9G-19.005(3), Florida Administrative Code. The
deduction is 52,832 for twelve months.
In the event the County desires to continue use of the National Warning System (NA WAS)
line, then the County shall assume all operational and fiscal responsibility for the NA WAS
line and equipment in the County.
XIX. VEHICLES
Written approval from the Director of the Division of Emergency Management must be
obtained prior to the purchase of any motor vehicle with funds provided under this
Agreement. In the absence of such approval, the Department will have no obligation to
honor such reimbursement request.
AGENDA ITEM
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XX. CERTIFICATIONS
By its execution of this Agrecml:llt. the County certifies that it is currently in full
compliance with thc Rule Chapters 9G-6. l)G- J I. and 9G- J 9. Florida Administrative
Code. Chapter 252. Florida Statutes. and appropriate administrative rules and regulations
that guide the emcrgency managcm<:nt progr~1Jll and associated activities.
The County celtifi<:s that funds reccived from the Em<:rgency Management Preparedness
and Assistance Trust Fund (EMPA funds) \\'i1lnot be used to supplant existing funds, nor
will funds from one program under th<: Trust Fund bc uscd to match funds received from
another program under thc Trust Fund. The County furthcr certifies the EMPA funds
shall not be cxpcnded for 9 J I sc.:rvices. cmergency mcdical scrvices, law enforcement,
criminal justice. fir<: sen'ice, publ ic \\wks or other services outside the emergency
management responsibilitics assigncd to the County Emergency l\-1anagement Agency,
unless such cxpenditure enhances emergency managcllll~nt capabilities as expressly
assigned in the local comprehcnsi ve emergL:ncy m:1nagcment pl:1n.
By its signature belo\\'. the Count~ reaffirms its ccrtification to employ and maintain a
full-time Dir<:ctor consistent \\'ith Rule lJG-llj()(J2((i). Floricb Administrative Code.
IN \VITNESS WHEREOF. thl: parties hereto have C:1USC this Agrecment to be executed
by their undersigned offici:1ls :1S duly :1uthorized
RECIPIENT:
STATE OF FLORIDA
DEPARTI\IENT OF COJ\'lMUNITY
AFFAIRS:
BY:
B\':
Name and Title hmes D. Cart<:r. Ph. D.. Ch:1II'1l1:11l
BO:1rd of COUllt\ Commissioners
W. Craig Fugate
Interim Director
DATE:
DATE:
Federal Employer I.D. 59-6(J(J(J55X
ATTEST: D\\'ight E. Brock. Clerk
By:
( Deputy Clerk)
Approved as to Form
and Legal Sufficicncy
\---\-L'-o, ~. .1/\) ." )" G
I ~ i ~
. [. '\. ': 1
,*--iJ~ >.,J. J.. '.~~
Patrick White
Assist:lJ1( COUIlt\ Arrorr1C\
. .
I~
AGENDA ITEM
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Attachment A
SCOPE OF WORK
Base Grant funding from the Emergency Management Preparedness and Assistance Trust Fund is
intended to enhance county emergency management plans and programs that are consistent with the
State Comprehensive Emergency Management Plan and Program (reference Rule Chapter 9G-6,
Florida Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes
that each county is at a varying level of preparedness, and it is understood that each county has a
unique geography, faces unique threats and hazards, and serves a unique population.
In order to receive base grant funding, each county must certify that it will use the award to enhance
its Emergency Management Program. .
As a condition of receiving funding pursuant to this Agreement, the County shall complete the work-
items that fall between October 1,2001 and September 30, 2002, listed in the most recently revised
Five-year Strategic Plan, as approved by the Department. The revised Five-year Strategic Plan is
attached hereto as Attachment A-I. Subsequent revisions during the term of this Agreement shall
be those submitted in writing by the County, approved by the Department, and on file in the
Division. The document evidencing the approved scope of work shall be the most recent Strategic
Plan for the County on file in the Division of Emergency Management, Bureau of Compliance
Planning and Support, evidencing approval by Division staff housed in Tallahassee.
As a further condition of receiving funding under this Agreement, the County shall, following full
or partial County Emergency Operation Center activation at a level equivalent to a State Emergency
Operation Center level two (2) or above during the period of this Agreement, then the County shall,
within forty-five (45) days following the conclusion of the activation, evaluate the performance of
all elements of the local emergency management program during that activation, and provide a
written after action report to the Department.
Funds may not be used for items such as door prizes and gifts. Flyers and promotional items to
promote the Emergency Management Program are allowable.
Food and beverages may be purchased for Emergency Management personnel and other personnel
only if the County Emergency Operation Center or field command office is in an activated status
and personnel receiving food/beverage are on duty at either of these locations. Purchases may be
made only under 1) An Executive Order issued by the Governor or 2) a State of Emergency
appropriately declared by local officials in response to an emergency event or threat.
Within 60 days of execution of this Agreement, the County shall provide copies of any new or
updated ordinances in effect which expressly address emergency management, disaster
preparedness, civil defense, disasters, emergencies or otherwise govern the activation of the local
emergency management program provided in s.252.38, Florida Statutes.
AGENDA ITEM
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Attachment B
PROGRAM STATUTES AND REGULATIONS
1. Chapter 252, Florida Statutes
2. Rule Chapters 9G-6, 9G-Il, 9G-19 and 9G-20, Florida Administrative Code
3. Chapter 215.97, Florida Statutes
4. Chapter 287, Florida Statutes
5. Chapter 119, Florida Statutes
6. Chapter 112, Florida Statutes
7. OMB Circular A-87
8. OMB Circuar A-I33
AGENDA I~M
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SEP 2 5 2001
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Attachment C
RECORD KEEPING
A. All original records pertinent to this Agreement shall be retained by the County for three
years following the date of termination of this Agreement or of submission of the final
close-out report, whichever is later, with the following exceptions:
1. If any litigation, claim or audit is started before the expiration of the three year
period and extends beyond the three year period, the records will be maintained until
all litigation, claims or audit findings involving the records have been resolved.
2. Records for the disposition of non-expendable personal property valued at $1,000 or
more at the time of acquisition shall be retained for three years after final
disposition.
3. Records relating to real property acquisition shall be retained for three years after
closing of title.
B. All records, including supporting documentation of all program costs, shall be sufficient to
determine compliance with the requirements and objectives of the Scope of Work,
Attachments A and A-I, and all other applicable laws and regulations.
C. The County, its employees or agents, including all subcontractors or consultants to be paid
from funds provided under this Agreement, shall allow access to its records at reasonable
times to the Department, its employees, and agents. "Reasonable" shall be construed
according to the circumstances but ordinarily shall mean during normal business hours of
8:00 a.m. to 5:00 p.m., local time, on Monday through Friday. "Agents" shall include, but
not be limited to, auditors retained by the Department.
No~G~~t ~
SEP 2 5 2001
Pg. I~
16
Attachment D
REPORTS
A. The County shall provide the Department with quarterly financial reports, semi-annual
summary progress reports prepared in conjunction with the Department's Area Coordinator,
and a final close-out report, all in a format to be provided by the Department.
B. Quarterly reports shall begin with the first quarter of the County fiscal year; are due to the
Department no later than thirty (30) days after the end of each quarter of the program year;
and shall continue to be submitted each quarter until submission of the final close-out
report. The ending dates for each quarter of this program year are December 31, March 31,
June 30 and September 30.
C. The final close-out report is due forty-five (45) days after termination of this Agreement.
D. In addition to the above, in. order to ensure compliance with Rule 90-19.011, Florida
Administrative Code, historical budgetary information relating to the County Emergency
Management Program is also required. This information shall be developed based on
guidelines provided by the Department and shall be submitted to the Department not later
than December 31, 2001. The Historical Information form must be prepared and
siened bv an official of the County's Finance Office.
E. A proposed staffing summary and budget summary describing planned expenditure of funds
provided under this Agreement toward the completion of items detailed in Attachments A
and A-I shall be submitted to the Department in a format provided by the Department not
later than December 31, 2001.
F. If all required reports, budget summary and budgetary information prescribed above are not
provided to the Department or are not completed in a manner acceptable to the Department,
the Department may withhold further payments until they are completed or may take such
other action as set forth in Paragraphs Vll. and IX., and Rule 90-19.014, Florida
Administrative Code. "Acceptable to the Department" means that the work product was
completed in accordance with generally accepted principles, guidelines and applicable law,
and is consistent with the Scope of Work.
O. Upon reasonable notice, the County shall provide such additional program updates or
information as may be required by the Department.
H. All report formats provided by the Department shall be made available to the County on the
Division's Internet site.
AGENDA 5,.M
No. /(.~
17
SEP 2 5 2001
pg,~
Attachment E
PROCUREMENT.SUBCONTRACTSANDSUBGRANTS
A. All subcontracts entered into by a County in connection with any portion of the Scope of
Work shall contain all tenns of the County's Agreement with the Department.
B. The County shall send a copy of any subcontracts entered into in connection with
implementing the Scope of Work to the Department within 30 days after their effective
dates.
C. The County shall not award subgrants using funds awarded pursuant to this Agreement.
D. The County shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work. 'Wherever required by law or
otherwise pennitted, the County shall utilize competitive procurement practices.
E. Allowable costs shall be detennined in accordance with Office of Management and Budget
Circular A-87.
AGENDA ITEM
No. / (..,r- J
SEP 2 5 2001
dO
Pg.
18
Attachment F
FUNDINGIMA TCHING
A. This is a cost-reimbursement Agreement. The County shall be reimbursed for costs
incurred in the satisfactory performance of work hereunder in an amount not to exceed
$102,974 subject to the availability of funds from the Department. The amount of funds
available pursuant to this rule chapter may be adjusted proportionally when necessary to
meet any matching requirements imposed as a condition of receiving federal disaster relief
assistance or planning funds. Funds received from the Emergency Management
Preparedness and Assistance Trust Fund may not be used to supplant existing funds,
nor shall funds from one program under the Trust Fund be used to match funds
received from another program under the Trust Fund.
B. Any advance payment under this Agreement is subject to s. 216.181(14), Florida Statutes.
Up to twenty-five (25) percent of an award may be advanced.
If an advance payment is requested, the budget data on which the request is based and a
justification letter shall be submitted. The letter will specify the amount of advance
payment needed and provide an explanation of the necessity for and proposed use of these
funds.
Indicate below which method of payment is preferred:
1.
x
No advance payment is requested; payment will be made solely on
a reimbursement basis.
2.
An advance payment of $ is requested; balance of
payments will be made on a reimbursement basis.
(Justification letter must be provided; advanced funds may not exceed
25 % of total eligible award)
C. After the initial advance, if any, any further payments shall be made on a quarterly
reimbursement basis. Additional reimbursement requests in excess of those made quarterly
may be approved by the Department for exceptional circumstances. An explanation of the
exceptional circumstances must accompany the request for reimbursement. The County
agrees to expend funds in accordance with the Scope of Work, Attachments A and A-I of
this Agreement.
D. All funds received hereunder shall be placed in an interest-bearing account with a separate
account code identifier for tracking all deposits, expenditures and interest earned. Funds
disbursed to the County by the Department that are not expended in implementing this
program shall be returned to the Department, along with any interest earned on all funds
received under this Agreement, within ninety (90) days of the expiration of the award
Agreement.
E. The County shall comply with all applicable procurement rules and regulations in securing
goods and services to implement the Scope of Work.
AGENDA I~M
No. /c.r ~
SEP 2 5 2001
dl
Pg.
19
F. Allowable costs shall be determined in accordance with applicable Office of Management
and Budget Circulars, or, in the event no circular applies, by 48 CFR Part 31 CONTRACT
COST PRINCIPLES AND PROCEDURES.
G. At a minimum, the County shall continue to provide other funding for the County
Emergency Management Agency at an amount equal to either: (1) the average of the
previous three years' level of county general revenue funding of the County
Emergency Management Agency; or (2) the level of funding for the County Emergency
Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011).
County general revenue funding for 911 services, ellErgency medical services, law
enforcement, criminal justice, public works or other services outside the local
emergency management agency as defined by Section 252.38, Florida Statutes, shall not
be included in determining the "level of county funding of the County Emergency
Management Agency." The County shall certify compliance with this rule chapter and
this rule by its execution of this Agreement, and as a condition precedent to receipt of
funding.
H. Should the County wish to carry forward, into the fiscal year beginning October 1, 2002, any
unspent funds awarded under this Agreement, the County must request such carry forward of
funds in writing to the Department by July 31, 2002. This request must include a detailed
explanation and justification for the request and may not exceed an amount equal to 25% of
the initial amount awarded ($105,806) under this Agreement. Failure to timely submit
information, or failure to submit complete information, may result in the denial of a request to
carry funds forward. Any carry forward amounts approved will be added to the County's base
Agreement for the following year. Funds may not be carried forward for the purpose of
paying salaries and benefits of regular or Other Personal Services personnel. Such salaries
and benefit funds may be carried forward to cover contractual or other temporary personnel
costs for non-recurring projects only.
AGENDA ITEM
No. /~/~ (;2
SEP 2 5 i~ct
Pg. ;J.~
20
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RESOLUTION NO. 01-
RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN
AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COM~1UNITY
AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY
l\IANAGEl\IENT PROGRAM ENHANCEMENT
WHEREAS. the State of Florida Department of Community Affairs has funds
available for Collier County to spend for emergency management program enhancements
and, subject to execution of a Grant Agreement between the State and the County. is
authorized to disburse Grant funds to Collier County; and
WHEREAS, the State, by means of proposed Grant Agreement #02CP-04-09-21-
01-011 is agreeing to provide, by means of reimbursement for costs incurred by the
County in the satisfactory performance of that Agreement, up to $105,806.00 for items of
performance agreed to in said Agreement; and
WHEREAS, the Board of County Commissioners of Collier County agree that
performance of the subject Agreement is in the best interest of Collier County;
NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the board approve the
Agreement #02CP-04-09-21-0 1.0 II between the State of Florida Department of
Community Affairs and Collier County as presented to the Board for review, and hereby
authorizes the Board's Chairman to execute the Agreement on behalf of Collier County.
This Resolution adopted after motion, second and majority vote in favor of
adoption this day of , 2001.
BOARD OF COUNTY COMJ\IlSSIONERS,
COLLIER COUNTY, FLORIDA
By:
James D. Carter, Ph. D, Chairman
ATTEST:
Dwight E. Brock, Clerk
By:
Deputy Clerk
Approved as to Form and Legal Sufficiency:
W
Patrick White, Assistant County Attorney
AGENDA ITEM
No. /~F9-
SEP 2 5 l.aOl
Pg. ~3
,,.""'''''''''
EXECUTIVE SUMMARY
, APPROVE A BUDGET AMENDMENT TO RECOGNIZE AND APPROPRIATE
ADDITIONAL REVENUE IN THE ISLES OF CAPRI FIRE DEPARTMENT FUND
(144).
OBJECTIVE: To pay for salaries and benefits which are higher than FY 2001 Budget.
CONSIDERATION: Personal Services are $19,800 over budget due to additional
expenses associated with the Patterson Boulevard fires, salary adjustments and increased
overtime due to higher call volume than expected in the district.
FISCAL IMPACT: Personal Services will be increased by $19,800 by recognizing and
appropriating FEMA reimbursement money and insurance loss revenue.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board of County Commissioners approve a budget
amendment for FY 2000-2001 to recognize and appropriate additional revenue in the
Isles of Capri Fire Department Fund (144).
SUBMITTED BY:
c& ~~L -
Emilio Rodd~
~1Jd .,4t~ Date: q/I~i!)1
Thomas Storrar, Emergency Services Administrator
Date: 9- J 9- () I
APPROVED BY:
AGENDA ITEM
No. It;, I;' 3
"-
SEP 2 5 2001
Pg, I
I
~lllfl~l\l;'ll'
MEMORANDUM
DATE:
July 10, 200 1
TO:
Thomas W. Olliff: County Manger
THRU:
Tom Storrar, Emergency Services Administrator
FROM:
Ken Pineau, Emergency Management Director
RE:
Payment Authorization (patterson Blvd Fire - May 18-22, 2001)
1. The county incurred costs for fire suppression forces that were used to combat the
brushfire that occurred in the south blocks of Golden Gate Estates from
May 18-22,2001. I have been in contact with the State Division of Emergency
Management and since the Caloosahatchee District, which includes Collier County,
was declared eligible for disaster funds from February 19 to June 22,2001, I intend
to submit the following invoices for reimbursement:
Isles of Capri Fire District
Ochopee Fire District
Road and Bridge
Emergency Management
Fleet Management
Emergency Medical Services
Eric Fadden I Naples 2- Way
Streicher Mobile Fueling
Total
$ 5510.30
$ 7865.21
$ 3212.57
$ 1660.00
$ 1441.00
$ 1443.91
$ 675.00
$ 7290.00
$29098.00
2. In addition, we received payment for the Merritt Blvd fire that occurred in
April 2000. The check was received from Department of Community Affairs in the
amount of$ 96,120.00. From this amount we are obligated to reimburse the
"~I"""'.
AGENDA iIEM
No. I ~ an /
J f
5EP 2 5 2001
Pg. I
following agencies for support that they provided:
Isles of Capri Fire District
Ochopee Fire District
Road and Bridge
Naples Community Hospitals
Total
$ 6179.85
$ 7107.20
$ 9175.31
$ 9641.56
$ 32103.92
3. In order for us to pay the agencies listed in paragraph 1 for services rendered
immediately, I request your authorization to proceed with the attached budget
amendment. This would identify revenues from Department of Community
Affairs in the amount of$ 96,120.00 and would authorize me to reimburse the
agencies listed in paragraphs 1 and 2 in the amount of$ 61,201.92. It may take
several months before we get reimbursed from the Patterson Blvd fire but I will
place the monies back into Reserves for contingencies upon receipt.
Concur
Do not concur
Jc..,r:::::k
Thomas W. OUi County Manager
N:GE~P!: 'l.i-rT/
I ~ t,:::J ,
S t'~ r:; 'j r. ?l\fl4
... ..; _.JoJo
Pg.
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of September 25, 2001
General Fund (001)
County Manager
Budget Amendment #01-516
Personal Services
$6,000
Reserves
Reserve for Contingencies
(6,000)
Total:
-0-
Explanation: Funds are needed to fund severance pay due to the resignation of the Assistant County
Manager.
AGENDA ITE~
No. /'- 6-
.-
SEP 2 5 2001
Pg. I
EXECUTIVE SUMMARY
TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR
2000-01 ADOPTED BUDGET.
OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and
the related amendments which amend the Fiscal Year 2000-01 adopted budget in accordance
with Section 129.06, Florida Statutes.
CONSIDERA TIONS: Section 129.06, Florida Statutes defines how an annual budget, as
adopted by the Board, can be amended. Budget amendments recognizing grants, donations,
contributions, or insurance proceeds that increase the total appropriations of a fund over the
adopted annual budget may be approved by resolution of the Board of County Commissioners.
Each of the budget amendments in the attached Resolution has been reviewed and approved by
the Board of County Commissioners via separate Executive Summaries.
FISCAL IMPACT: The amendments and executive summaries, which were previously
considered and approved by the Board, contained their respective fiscal impact statements.
GROWTH MANAGEMENT IMPACT: There is no Gro\\-1h Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal
Year 2000-01 adopted budget.
Prepared by:
'-;J f' 0
M~~ ______
1-/'?-u I
Date:
Michael Smykowski, OMB Director
Approved By:
Thomas W. Olliff, Coun
ager
Date:~9'~
,'0-.
AGENDA ITEM
No. Irs, 6-3
SEP ? 5 2001
Fog I
1
2
RESOLUTION NO. 01-BAR-
-....
A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA
STATUTES, TO AMEND THE BUDGET FOR THE 2000/01 FISCAL YEAR.
J
6 WHEREAS, Section 129.06(2), Florida Statutes"provides that th~SiWd.ofCounty Commissioners (hereinafter also
7 referred to as "Board") at any time within a fiscal year may amend a budpf for that year, andprovides the procedures therefor;
_8 and
~',." ;',
f _I.... "'\.
9 WHEREAS, the Board of County Commissioners of Collier County, Florida, bas received copies of budget amendments
10 which provide for but are not limited to: revenue from grants, dorWions or conlnbutions, or insurance proceeds for a designated
11 purpose.
12 WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2000/01 by resolution
13 pursuant to Section 129.06, Florida Statutes.
14 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
i.5 COUNTY, FLORIDA. that the budget amendments to the 2000/01 FY Budget described below are approved and hereby adopted
16 and the 2000/0 I FY Budget is so amended.
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n
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.-44
BUDGET
AMENDMENT
FUND NUMBERS
INCREASE
(DECREASE)
CARRY
FOR WARD
OR
INTERFUND
TRANSFERS
INCREASE INCREASE INCREASE
(DECREASE) (DECREASE) (DECREASE)
RECEIPT EXPENDITURE RESERVES
EXPLANATION
FOR
APPROPRIA nON
$157,500 $157.500 MPO Grant
$5,000 $5,000 Artificial Reef Grant increase
$2,000 $2,000 Donation for a memorial bencb
$23,819 $23,819 State Aid to Libraries Grant
$23,939 $26,439 ($2,500) Home Meals Grant Award
$120,516 $160,816 ($40.300) In-borne Svcs. Grant Award
$22,70 I $25,001 ($2,300) Congregate Meals Grant Award
$1,078,500 $1,078,500 Federal Economic Development Grant
$62,667 $62,667 State Aid to Libraries Grant
$33,947 $33,947 State EMS Grant
$1,000 $1,000 "Provider of the Year A ward" donation
$798,895 $798.895 MPO Grant
$30,000 $30,000 Community Foundation Child Care Grant
$57,815 $57,815 Article V Grant for appearance fee costs
$9,873 $9,873 Donation for 4-H after-school programs
$15,000 $15,000 Medicaid Waiver Grant
$358.284 $358,284 Transportation Disadvantaged Grant
AGENDA ITEM
$22,563 $22,563 Hazard Mitigation Grant No. /(..(;- -3
$329,200 $329,200 MPO Grant
$50,000 $50,000 Electronic Recycling Grant SEP 2 5 2001
- 1 - Pg. z..
..j 126 01-046
26 117 01-051
1:1 001 01-083
28 129 01-103
29 123 01-131
30 123 01-132
31 123 01-133
32 496 01-134
13 129 01-183
34 491 01-23]
35 490 01-232
36 126 0]-258
37 00] 0] -289
38 68] 01-314
39 001 01-349
<<l 123 01-350
,.1 126 01-362
42 118 01-364
-43 126 01-369
44 472 01-510
]
2
3
4
5
6
7
INCREASE
(DECREASE)
CARRY
FORWARD
BL'DGET OR INCREASE INCREASE INCREASE EXPLANATION
AME:'-lDME>lT INTERFtJND (DECREASE) (DECREASE) (DECREASE) FOR
Fl.JN'D :'-It.:MBERS TRANSFERS RECEIPT EXPENDITURE RESERVES APPROPRIA TIO:-.l
123 01-387 5259.325 $323,095 ($63,770) Com. Care for the Elderly Grant
123 01-388 S5,66] S5,661Home Care for the Elderly Grant
123 01-389 S527 $527 ALzheimer's Disease Grant
522 01-399 $25,125 $31,000 ($5,875) Ins. proceeds to replace totaled vehicle
118 01-412 $2,386 $2,386 $4,772 Volunteer Fire Assistance Grant
118 01-457 $58,000 $58,000 Hazard Mitigation Grant
121 01-466 S2,087,000 $2,087,000 Urban Improvement Grant
198 01-476 $142,392 $142,392 Historic Preservation Grant
496 01-481 S3,000 53,750 (5750) Marco Airport Grant
496 01-482 $10,600 521,200 ($10,600) Marco Airport Grant
496 01-483 $6,500 $13,000 (56,500) FOOT Grant
8
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19 BE IT Ft.:R THER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the minutes
20 of this meeting for permanent record in his office.
21 This Resolution adopted after motion. second and majority vote favoring same.
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DATED:
ATTEST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLlER COUNTY, FLORIDA
By:
By:
Deputy Clerk
James D, Carter, PH.D., Chairman
Approved as to form and
legal sufficiency:
~~O
(7 ,
....
Ramll'o Manalich
Chief Assistant County Attorney
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- 2 -
AGENDA ITEM
No. /(.,,&.3
SEP 2 5 2001
Pg.__ 3
.....',..'.
COMMISSIONER REQUEST FOR APPROVAL FOR PAYMENT TO ATTEND
FUNCTION(S) SERVING A VALID PUBLIC PURPOSE
Pursuant to Resolution No. 99-410, the Board of County Commissioners has
determined that attendance at the functions of fraternal, business, environmental,
educational, charitable, social, professional, trade, homeowners, ethnic, and civic
associations / organizations serves a valid public purpose, provided that said functions
reasonably relate to Collier County matters,
In accordance with Resolution No. 99-410, Commissioner Pamela S. Mac 'Kie
hereby requests that the Board of County Commissioners approve for payment by the
Clerk hislher attendance at the following function / event:
Function / Event:
NAACP 19th Annual Banquet
Public Purpose:
Represent Collier County and interact with constituents
Date of Function / Event:
October 13,2001
Amount to be paid by the County:
$50.00
Mileage:
.............
AGENDA ITEM
NO. / /" ::r: J
S;:? 2 5 2001
PI- /
,
~~DV4~ NATIONAL ASSOCIATION FOR THE ADVA..1\lCEMENT OF COLORED PEOPLE
/~~\ COLIlER COUNTY BRk'iCH (#5117)
.-i..!?i!~ ~ \ po. BOX 990727 . NAPLES, F~OR[DA }i] 16
Ii ',!." NAACp/! \ gi 94]-455-2886 . FAX 941.--,'8;;
~ I \ ~ 'OUNOE: / i \) r- i
\<i\ . 1909 /~;
~
N . ~
U VERNE C. FRANKUN
Pres ute >lI
BANQU ET RESERV A TIONS
SPONSORSHIPS
Please check below for reservations.
PLATINUM $2500. TOTAL $
Includes eight (8) tickets for the banquet, a full page ad in the souvenir journal (the inside front and back covers and
the outside back cover will be allotted to the first three Platinum SPONSORS), and specIal recognition at the
Banquet.
COLD $] 500. TOTAL $
includes six (6) tickets, a full page ad in the souvenir journal, and special recognition at the Banquet.
SILVER $1000, TOTAL $
includes four (4) tickets, a half page ad in the souvenir journal, and special recognition at the Banquet.
DIAMOND 5500. TOTAL $
includes IwO (2) tickets, a quarter page ad in the souvenir journal, and special recognition at the Banquet.
,;z TICKETS $50. each.
I
INDIVIDUAL TICKETS
oV
$ /()) . TOTAL
We will not attend but would like to make a contribution $ TOT AL
O'g.n,,.Hon fJ~.L. s. /JJ.u.- 'r~ I t-UIH ~
Address/City/State/Zip Code 330 I I ~ ~ ~ /11~ ~
Contact Personrrelephone NumberlDate P(!/YJc...(l-v m~ 'r~ ?1Y-i'O ''J J r It ".
THANK YOU FOR CENEROUS SUPPORT!
AGEfC)~}?
NO. / /
c:-:.-') ".. .,~~,
......... I... .....v,
PI- ;;L
II
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
FOR BOARD ACTION:
1. Certificate of Correction: NEED MOTION authorizing the Chairman to sign Certificate
of Correction to the tax rolls as presented by the Property Appraiser's Office.
RECOMMEND APPROVAL.
2. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED:
A. 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. August 22, 2001 through August 28, 2001.
2. August 29,2001 through September 4,2001.
B. Districts:
1. South Florida Water Management District/Big Cypress Basin Board:
Minutes of August 24, 2001.
2. Mediterra South Community Development District: Minutes of March 28,
2001, Financial Statement of February 28,2001, Minutes of April 9, 2001,
Minutes of May 23, 200 I, Proposed Budgets of Fiscal Year 2002,
Financial Statements of March 31, 2001, District Map.
3. Immokalee Water and Sewer District: Adopted Budget Fiscal Year 2001-
2002.
4. Fiddler's Creek Community Development District: Minutes of May 23,
2001, Financial Statements of April 30, 2001, Notice of Meetings, District
Map.
5. Heritage Greens Community Development District: Minutes of May 14,
2001, Audit for Fiscal Year Ended September 30,2000, Management
Letter, Operating Budget Fiscal Year 2002, Financial Statement of March
31, 2001, Notice of Meetings, District Map,
6.
Cedar Hammock Community Development District:
Minutes/Attachments of May 14,2001, Minutes/Attachments of June 11,
2001, Audit for Fiscal Year Ended Sept. 30, 2000, Man M
Proposed Operating Budget Fiscal Year 2002, Fin ial S
No.
,1.-.."
H:DatalFormat
SE~ 2. 5 tOO\
pg .--L::::
7. Collier Mosquito Control District: Regular Meeting Schedule for 2001,
District's Registered Office/Registered Agent, Annual Certified Budget,
District Map.
8, Naples Heritage Community Development District: Minutes of May 14,
2001.
9. Kev Marco Community Development District: Minutes of Landowners
Meeting of November 7,2000, Minutes for May 15,2001, Audit for Fiscal
Year ending September 30, 2000, Management Letter, Financial
Statements of March 31, 2001, Operating Budget Fiscal Year 2002,
Minutes of Board of Supervisory Meeting of June 19,2001, Financial
Statements of May 31, 2001.
10. Golden Gate Fire Control & Rescue District: Agenda for September 12,
2001.
C. Minutes:
ff..i......
H : DatalF ormat
1. Historical! Archeological Preservation Board: Minutes of July 20, 2001.
2. Radio Road Beautification Advisory Committee: Minutes of July 16,
2001.
3. Rural Lands Area Assessment Oversight Committee: Agenda for August
20, 2001, Minutes of June 18, 2001.
4. Pelican Bav MSTBU Advisory Committee: Agenda for August 9, 2001,
Minutes of July 12,2001 (Organization Structure Review Sub-committee),
5. Bavshore Avalon Beautification MSTU Advisory Committee: Minutes of
August 1, 2001.
6. 1-75/Golden Gate Interchange Advisory Committee: Minutes of August 9,
2001.
7. Rural Fringe Area Assessment Oversight Committee: Minutes of July 18,
2001.
AGEltDA..J.T,E~L "
NO.~
SEP 25 2001
Pg.
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT
OF GOVERNMENT, ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE STATE OF FLORIDA, DEPARTMENT
OF TRANSPORTATION, HIGHWAY SAFETY FUNDS GRANT APPLICATION, AND UPON AWARD, ACCEPT THE
GRANT AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF I S OFFICE IMMOKALEE
D.U.I. ENFORCEMENT PROJECT.
OBJECTIVE: To have the Board of County Commissioners act as the coordinating unit of
government, ~ndorse the Sheriff's Office State of Florida, Department of Transportation
(DOT) Highway Safety Funds grant application for third year funding for the Immokalee
D.U.I. Enforcement Project, and upon award, accept the grant and approve applicable
budget amendments.
CONSIDERATIONS:
1. The Collier County Commission has participated in the DOT grant programs in 1989,
1990, 1991, 1992, 1993, 1997, 1998, 1999, 2000, and 2001. The DOT grant funded
projects have proven to be valuable to Collier County.
2. The Department of Transportation has allocated $27,463 to Collier County for the
State F/Y 2002 Sheriff's Office Immokalee D.U.I. Enforcement Project.
3. The DOT requires the Collier County Commission to be the coordinating unit of
government.
4. The Collier County Sheriff's Office requests that the County Commission execute
the necessary documents to allow the formal application process for third year
funding to be submitted.
5. To streamline procedures, to save Board of County Commission time, and to reduce
paperwork and personnel time in preparing executive summaries, an all inclusive
request is being made for grant application/award procedures. Board authorization
is being sought to accept the grant when awarded and to approve, upon award,
applicable budget amendments.
FISCAL IMPACT: $27,463 local matching funds are available from the Sheriff's Office
fiscal year 2002 operating budget request for salaries, benefits, and operating
expenses.
GROWTH IMPACT: This is a continuing three year grant program that requires
reapplication each fiscal year. This third year grant period is for October I, 2001
through September 30, 2002. If the grant funds are terminated or other grant funding
is not available at the end of the third year, future payroll costs will either be
absorbed through vacancies arising due to normal attrition, or approval for funding or
reallocation of any positions will be requested from the Board.
RECOMMENDATION: That the Collier County Commission endorse the Subgrant Application
for Highway Safety Funds application for third year funding for fiscal year 2001/02,
and upon award, accept the grant and approve applicable budget amendments.
PREPARED FY:
r
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APPROVED BY:
DATE:
<.LI C to. ITEM
~'c_JJ.~
SFP ? 5 2001
jh/xsdui3
I C
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STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS
500-065-01
SAFETY
OGe . 07/01
- ':or 0.0. T. Use Only
Project Number: DOT Contract Number:
Federal Funds Allocated: Date Approved:
Subgrant Period: Date Revised:
Subgrant History: (1) (2) (3)
Part I: GENERAL ADMI~ISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1. Project Title: 1rrunokalee D.U.!. Enforcement proiect
2. Type of Application: 0 Initial (g) Continuation
3. Requested Subgrant Period: October 1, 2001 to Seotember 30, 2002
4. Support Matching Total
Sought: $27,463.00 Share: 527,463.00 Budget: 554,926.00
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
Collier County Collier County Sheriff's Office
Board of County Commissioners 3301 Tamiami Trail East, Building J-l
330 Tamiami Trail East, Building F Government Complex
Government Complex Naples, Florida 34112
Naples, Florida 34112
Telephone: 941-793-8393 Telephone: 941-774-4434
7. Federal ID Number: 8. State SAMAS Number (State Agencies)
59-6000-3893 N/A
9. Chief Financial Officer: 10. Project Director:
James Mi tchell Lieutenant Ben Crain
3301 Tamiami Trail East 3301 Tamiami Trail East, Building J-l
Courthouse Plaza 111/2 Government Complex
Nal?les, Florida 34112 Naples, Florida 34112
Telephone Number: 941-774-8404 Telephone Number: q41-774 44~4
Fax Number: 941-774-6179 Fax Number: 941-793-9405
E-Mail Address: .1.:1m",~Mi j-rh~ 11 @rn11 ; l?rl)l"nr nl?t E-Mail Address: grants@colliersheriff.orq
- .- .. -' .,.. - '--
4 ,.~~ \ - I D. II ~ M
Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic S fety .l}d' rtl sttatrolT,
Catalog of Federal Domestic Assistance Number - 20.600, State and Community Highway ~afety Program, ('li ". \
the Florida Department of Transportation. 1 ~
1 I ""':- ~. , ~ lU .
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.
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........- ..~ .,.,.~. .
Part II: PROJECT PLAN AND SUPPORTING DATA
~1
SAFETY
DGe . 07101
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
Start below and use additional pages as necessary.
1. Statement of the Problem
The problem is the number of impaired drivers and D.U.1. (DUI) related crashes and deaths in the Immokalee
area of Collier County. Collier County is the largest county in Florida covering 2,025 square miles. Collier
County is a Southwest Florida county that is growing at a tremendous rate. The permanent population in 1990
was 152,099. The 2000 permanent population was 251,377. During peak season the population is estimated at
353,020. Immokalee is a small farming community in northeastern Collier County with a permanent population of
approximately 23,000 full-time residents. Immokalee's permanent population grows yearly as with the rest of the
county. Also, Immokalee's population almost doubles with temporary residents during the farming season. There
continues to be an increased problem with traffic safety in Immokalee due to the rapid permanent and seasonal
growth and increased tourism. Current road systems are inadequate and cause heavy traffic conditions. Many
of the seasonal workers do not have driver licenses and drive while impaired. These factors contribute to an
increase in the number of DUI related traffic incidents. Most crashes occur from Friday at 9:00 PM through
Sunday at 3:00 PM. Most Immokalee area crashes occur during the months of August through April when the
population swells with tourists and seasonal farm workers.
Six hundred eleven (611) crashes occurred on Immokalee roadways during the year 2000. Alcohol was
a contributing factor in 29 crashes. The Immokalee DUI Enforcement Project Deputy arrested 156 subjects for
DUI in the year 2000. Five hundred nine (509) crashes occurred in 1999 and 25 were alcohol related. In 1998
there were 549 crashes with seven (7) fatalities. Alcohol was a factor in five (5) deaths. There is a grave need
for continuing the Immokalee DUI Enforcement Project educational and law enforcement project components to
address the growing DUI related traffic safety problems. Due to budget constraints, the CCSO needs continued
grant support for the DOT funded Immokalee DUI Enforcement Deputy position.
2. Proposed Solution
The Collier County Sheriff's Office (CCSO) Immokalee DUI Enforcement Deputy will enforce impaired driving
laws in the Immokalee area. The Deputy will receive continuing DUI training and his work schedule will provide
coverage on primary weekend nights. The Deputy's vehicle is equipped with a video camera and radar. The
CCSO public awareness programs will continue. Presentations on impaired driving will be made at schools, civic
organizations, and business groups. The Immokalee DUI Deputy will have the continued assistance of current
DUI Deputies with these presentations. Two (2) DUI traffic checkpoints will be conducted in the Immokalee area
in fiscal year 2002. Saturation patrols with current Deputies assigned to DUI Enforcement will assist in the
patrols.
3. Obiectives
a. To arrest a least 10 more Immokalee area impaired drivers in fiscal year 2002 than arrested in 2001 due to
the increase in population.
b. To conduct 2 DUllmmokalee area DUI sobriety checkpoints.
c. To conduct at least 12 public awareness presentations.
d. To reduce the number of Immokalee area alcohol-related crashes by 10% during fiscal year 2002.
N~~EN~
2
~tl-' i.:l LUU!
Pg. 3
500-065-01
SAFETY
OGe - 07101
4. Evaluation
Department of Highway Safety and Motor Vehicles data will be used by the CCSO to evaluate the
success of the Immokalee DUI Enforcement Project. The main focus of the evaluation will be the number of DUI
arrests. Evaluation sources will also include local statistics. The results on the citations issued and the
effectiveness of the OUt checkpoint and public awareness presentations will also be reviewed. The number of
DUI citations, checkpoints and public awareness presentations will be measured for effectiveness.
5. Milestones (see next oaae)
2002 Grant paper DUI
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500-065-0 I
SAFETY
OGC-07/01
Milestones Timetable for Milestones
1 st ( uarter 2nd I[)uarter 3rd Ouarter 4th Ouarter
OCT NOV DEe JAN FEB MAR APR MAY JUN JUL AUG SEP
Conduct Checkpoints. X X
Grant funded Deputy to attend DUI X
related training. I
I
Conduct public I X X X X X X X X X I
awareness X X X
activities.
Enforce safety belt and occupant X X X X X X X X X X X X
protection laws. I
Enforce child restraint laws. X X X X X X X X X X X X
Monitor/evaluate project. X X X X X X X I X X X X X I
I
,
Submit grant claims. X X i X I X I X I X X X X X X X
I
!
Submit quarterly reports. X X X X
I
Submit final narrative. I X
,
I I
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AGENDA ITEM
4 Nr. '-ttrH
';EP ,., ~ 2001
I t_ ;;
I ~g._ S
L~_._,
Part III: PROJECT DETAIL BUDGET
500-065-01
SAFETY
OGe - 07/01
Project Title:
lmmokalee D.U.l. Enforcement Project
Project Number: Contract Number:
BUDGET CATEGORY TOTAL FEDERAL NON-FEDERAL
FUNDING
STATE LOCAL
A. Personnel Services
Basic salary for one Deputy $36,984 $18,492 0 $18/492
Benefits for one Deputy $17/216 $8/608 0 $8,608
Sub-total $54,200
$27/100
o
$27/100
B. Contractual Services
Sub-total
o
o
o
o
C, Expenses
D.U.l. Symposium
Miscellaneous office supplies
$300
$426
$300
$63
o
o
o
$363
Sub-total
$726
$363
o
$363
D, Operating Capital Outlay
Sub-total
o
o
o
o
E. Indirect Cost
Sub-total
o
o
o
o
5
$27/463 -v t"r..nJt?nT~ J
Budget Modification Nur ber: No . I V \ .. ,.
Effective Date: ~ \'
SEP 2 5 200'!
pg.-::-u ~- I
Total Cost of Project
$54/926
BUDGET NARRATIVE
5<J0-065.01
SAFETY
OGe - 07101
Project Title:
Immokalee D.D.I. Enforcement proiect
Project Number: Contract Number:
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets
as needed.
Federal
Funds
Local
Match
Salaries and Benefits
$27,100
$27,100
Costs to be reimbursed in this category include the base
salary and benefits for one Immokalee D.U.1. Enforcement
Project certified Deputy, Benefits include incentive, FICA,
retirement, life insurance and worker's compensation.
Reimbursement is being made at 50% with a 50% local
match.
Contractual Services
o
o
Expenses
$300 in federal funds is requested for D.U.1. Enforcement
officers to attend the next D.U.1. Symposium.
300
o
$426 ($63 in federal funds plus $363 in local match) is requested 63
for miscellaneous office supplies to be used for the Immokalee
D.U.1. Enforcement Project. General office supplies such as paper,
folders, pencils, pens, etc. is needed to produce necessary documents.
363
Operatinq Capital Outlay
o
o
Indirect Costs
o
$27,463
o
$27,463
Total Cost of Proiect
DUI 2002 budget narrative
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6
Budget Modification Numt ~r:
Effective Date:
lIT
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SEP 25 2001
I Pg._ 7
L=__~
Part IV: REPORTS
500-065-01
SAFETY
OGC - 07101
~uarterly Progress Report Narrative for the
quarter.
Project Title:
Project Number:
Implementing Agency:
Immokalee D.U.I. Enforcement Project
Project Director:
Collier County Sheriff's Office
Lieutenant Ben Crain
Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press "eleases, photos
and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of
Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of
each quarter.
r-- AGEr.'1J ~ ITEM
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,
500-065-01
SAFETY
OGC - 07'01
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS
for the quarter.
Project Title: Collier County Sheriff's Office Immokalee D.U,1. Enforcement Proiect
I Project Number:
i Implementing Agency: Collier County Sheriff's Office
Project Director: Lieutenant Ben Crain
Milestones Accomplished I
Performance
I Indicators Quarter Quarter Six- I Quarter Quarter Project
I Ending Ending Month I Ending Ending Totals
December March Totals June 31 September
31 31 31
I Number of D.U.1. Arrests. I I
I
i
Number of Checkpoints hosted by other
agencies at which grant funded Deputy I
oarticioated.
Number of public awareness
presentations.
I
Number of safety belt violations issued I I I
by entire agency.
,
I ,
Number of child safety seat violations
issued by entire agency. I I
Number of D.U.1. Checkpoints hosted by I
the Collier County Sheriff's Office. I
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AGENDA ITEM I
No._-t~J~J,
SEP 2 5 2001
[1
Pg.
Final Narrative Report
500-065-01
SAFETY
OGe .07101
Project Title:
Project Number:
Implementing Agency:
Immokalee D.U.I. Enforcement Pro;ect
Collier County Sheriff's Office
Project Director:
r. ; PI]t" pn;:lnt" F1pn ('r;:\ ; n
The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and
Agreement, Conditions of Agreement, 1. Reports. This report is an accurate accounting of the project performance and
accomplishments. Attach additional sheets as needed.
9
AGENDA ITEM
No. -ltc-t~
S EP 2 52001
Pg. I Q_.
~~-~-'
Part V: Acceptance And Agreement
500-(l6S-<l1
SAFETY
OGe - 07/01
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of
costs.
1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31,
and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency
shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems
encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant
period due to late award of the subgrant. Requests for reimbursement may be returned to the sub grantee or
implementing agency unpaid if the required reports are past due.
2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and
fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the
Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds
shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; OMS Circular A-102, Grants and Cooperative Agreements with State and Local
Governments; OMS Circular A-11 0, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OM8 Circular A-21, Cost
Principles for Educational Institutions; OMS Circular A-87, Cost Principles for State, Local, and Indian
Tribal Government; and/or OMS Circular A-122, Cost Principles for Non-Profit Organizations, as applicable
(hereinafter referred to as Applicable Federal Law),
The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall
comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant.
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply
with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this
agreement pursuant to sections 287.133(3 )(a) and 287.134(3)(b), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
4. Approval of Consultant and Contractor Agreements, The State Safety Office shall review and approve in
writing all consultant and contractor agreements prior to the actual employment of the c nsulta~t:Ji!!H~Q~ctor
by the subgrantee or implementing agency. Approval of the subgrant does not constitu app~al of a consultant
or contractor agreement [ 0TLT'
10 SEP 2~;200:
pg-__Ll____
500-065-01
SAFETY
OGC - 07101
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance
with the general principles of allowability and standards for selected cost items set forth in the applicable Federal
Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the applicable Federal
Law will be subject to repayment by the subgrantee.
6. Travel. Travel costs for approved travel shall be reimbursed in accordance with regulations applicable to the
implementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement
Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112.061, Florida Statutes. All
travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office
prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State
Safety Office for hotel rooms with rates exceeding $100 per day that are to be reimbursed.
7. Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval
from the State Safety Office for changes to the agreement. For example:
(a) Changes in project activities. objectives, milestones, or performance indicators set forth in the approved
application,
(b) Changes in budget items and amounts set forth in the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee
shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.
As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), the subgrantee shall not be reimbursed
for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended,
debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its
implementing agency shall submit the required certification by consultants with awards in excess of the small
purchase threshold fixed at 10 U.S.C. 2304(g) and 41U.S.C. 253(g) (currently $25,000).
9. Commencement of Projects, If a project has not commenced within 30 days after the acceptance of the
subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the
project, the reasons for delay, and the expected starting date. If, after 60 days from the acceptance of the award,
project activity as described herein has not begun, a further statement of implementation delay will be submitted
by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the
statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to
other program areas. The State Safety Office, where warranted by excusable delay, may extend the
implementation date of the project past the 60-day period, but only by formal written approval from the State
Safety Office.
10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors
which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default
by reason of any failure in performance of this agreement in accordance with its terms if such failure arises out
of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency.
Such causes may include, but are not restricted to, acts of God or of the public enemy. acts of the Government
in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, freight
embargoes, and unusually severe weC'ther, but in every case the failure to perform must be beyond the control
and without the fault or negligence of the subgrantee. If the failure to perform is caused by the failure of the
subgrantee's or its implementing agency's consultant or contractor to perform or make progress, and if such
failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or
contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in
default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from
other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in
writing to procure such supplies or services from other sources, and (3) the subgrante or its ~~ M
agency shall have failed to comply reasonably with such order. No , l ,
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SEP 2 ~ 200i
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-___..__.~......._..,w..__.."'.__...
SOO-Q6S-G ,
SAFETY
OGe - 07101
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the
facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by
anyone or more of the said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant
performs the service required or when goods are received by the subgrantee or its implementing agency,
notwithstanding the date of order.
12. Performance. In the event of default, nOncompliance, or violation of any provision of this agreement by the
subgrantee, the implementing agency, the subgrantee's consultant(s) or contractor(s) and supplier(s), the
subgrantee agrees that the Department may impose such sanctions, as the Department deems appropriate.
Such sanctions include withholding of payments, cancellation, termination, or suspension of the agreement in
whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of
such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for
those services satisfactorily performed prior to the effective date of such sanction.
13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA),
and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination of books, documents, papers, and records of the
subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing
agency, and its consultants and contractors under this agreement, as provided under Applicable Federal Law.
In addition to review of audits conducted in accordance with OMS Circular A-133, as revised, monitoring
procedures may include, but not be limited to, on-site visits by Department staff, limited scope audits as defined
by OMS Circular A-133, as revised, and other procedures. Sy entering into this agreement, the subgrantee and
its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the subgrantee or its
implementing agency is appropriate, they agree to comply with any additional instruction provided by the
Department. The subgrantee further agrees to comply and cooperate with any inspections, reviews,
investigations, or audits deemed necessary by the Comptroller or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to
allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119,
F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant.
14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as
defined in OMS Circular A-133, as revised.
In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee
must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133,
as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida
Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year,
the subgrantee shall consider all sources of Federal awards, including Federal funds received from the
Department of Transportation. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the subgrantee
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the re ui~ts relative to
auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised. AGENDA ITEM
Nc." -twH
SEP 2 5 .2001
Pg._ 1::)
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SOD-<J65-0 ,
SAFETY
OGe .07101
If the subgrantee 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
subgrantee 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.
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by
this agreement shall be submitted. when required by Section .320 (d). OMB Circular A-133, as revised, by or on
behalf of the subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Cir~ular A-133, as revised.
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the
Department or its designee access to such records upon request. The subgrantee shall ensure that audit working
papers are made available to the Department or its designee upon request for a period of three years from the
date the audit report is issued, unless extended in writing by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section
18.42 or 49 CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department (FOOT Form Numbers 500-065-04 through 07). Appropriate documentation
supportive of the reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at
least once each quarter as costs are incurred and payment is made. The only exception is when no costs are
incurred during a quarter. Reimbursement for subgrants with personnel costs should be made after every two pay
periods. Failure to submit reimbursement requests in a timely manner may result in the subgrant being
terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non-Expendable Property Accountability Record
(FOOT Form No. 500-065-09). Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the
end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a
timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount
incurred if the final request is not received within 30 days of the end of the subgrant period.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 FR, ~~h8\.~
CFR, Section 19.36, or OMS Circular A-110. No - -t ~
13
.'" EP 'H. '200'
;" I..) ,
PI;- R_..
" _._-,..~....._" ......,--"---_._,~,-
500-005-01
SAFETY
OGC - 07101
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others
to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant
support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a
system to control, protect, preserve, use, and maintain and dispose of any property furnished by the Department,
or :>urchased pursuant to this agreement in accordance with Federal Property Management Standards as set forth
in 49 CFR, Section 18.32,49 CFR 19, Section 19.34, or OMS Circular A-110. This obligation continues as long
as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this
agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within
30 calendar days to the Govemor's Highway Safety Representative at the Florida Department of Transportation,
605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its
implementing agency shall proceed diligently with the performance of the agreement and in accordance with
Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (USDOT), or both, shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or
pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following
statement on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida,
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation and/or Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Office, the U.S. Department of Transportation, or any other agency of the State or Federal
Government.
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or
national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to
discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant
award. The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as
amended by E.O. 11375, and as supplemented by 41 CFR, Part 60.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the
Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness,
or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and
employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any
material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its
implementing agency's failure to exercise such care in regard to said material as a rea na e.A; B',fM~
similar materials would exercise. No. lL~,,( i
. iUI";' ,
14
SEP 2 ~I lOu:
Pg.- l~
---'
500-065.Q1
SAFETY
OGC . 07/01
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in
the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any USDOT -assisted contract or in the administration of its
DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take all necessary and
reasom.ble steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of
USDOT-assisted contracts. The subgrantee's DBE program. as required by 49 CFR, Part 26 and as
approved by USDOT. is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement
under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
(b) The subgrantee and its implementing agency agree to include the following assurance in each contract
with a consultant or contractor and to require the consultant or contractor to include this assurance in all
subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted
contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as the subgrantee,
its implementing agency, or the Department deems appropriate.
25. Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require
consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of
certification and disclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held
invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced
with Federal Highway Safety funds shall be closed captioned for the hearing impaired.
28, Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency
and its logo can appear on printed materials and promotional items. The names of individuals connected with the
subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety
funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the
items shall be submitted to the State Safety Office for review. The Office shall provide written approval for
reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness
materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement
for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the a r~.t.an
end on September 30, following, unless otherwise stipulated by the State Safety Office n the ~, tirlIM
respective agreement. The subgrant period shall not exceed 12 months. No .~.
15 SEP 2 5 200~
Pg.-. I~
SOO-Q6S-01
SAFETY
OGe - 07101
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a
new position(s) through a subgrant shall provide written notification within 30 days of the agreement being
awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the
subgrant being awarded.
Any and all employees of the subgrantee or implementing agency whose positions are funded, in whole or in part
through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims
that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee
or its implementing agency.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the
equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the
USDOT, may repossess' any equipment purchased with Federal highway safety funds that is not being used by
the subgrantee or its implementing agency for the purposes described in the subgrant. Items that are
repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this
subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at
their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement.
34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department
may find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle
ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrant agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests.
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which
is enforced for all employees. A copy of the policy shall be attached to the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard
operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the
procedure shall be attached to the subgrant application.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency
purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the items being purchased with federal highway safety funds is replacing
previously purchased equipment, whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of
the After Action Report for each checkpoint operation conducted during a quarter to its Quarterly Prowess Report
of Performance Indicators. This requirement applies to all law enforcement agencies, gardl~!9fJ~~ RTESfam
area for which they are being funded. No ----t~l-
16
SEP 2 5 2001
Pg-__J1_ __._
500-065-01
SAFETY
OGe - 07101
39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have
at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger
Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall
result in the termination of this agreement.
40. Special Conditions.
17
AGENDA ITEM (
No.--t-b-f-
SEP ?~) 2001
Pg._ _L8
,,,.......J
PROJECT NUMBER:
500-06>01
SAFCTY
OGC.07/ll1
IN WITNESS WHEREOF I the parties affirm that they have each read and agree to the conditions set forth in Part V of
this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of
the mutual covenants, promises and representations herein have executed this Agreement by their undersigned officials
on the day, month, and year set out below.
(For DOT Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SUBGRANTEE
Collier County Board of commissioners
Name of Applicant Agency Typed
By:
By:
Signature of Authorized Representative
Title:
James D. Carter, Ph.D.
Authorized Representative's Name Typed
Title:
~
Chairman, Colli~r Coun~v C~.Si1h
~ ( /
9J!Ji~
E =
8
oS I ~
~ ~.s
l~ j
2\----
~ .
ADM -r. ~.1'-OR OF IMPLEMENTING AGEi1CY
~ (k"~ 1 7~
\'. I\~ ~./:J}h n I ~
By: " , l) . ---.. :) ~
"-
"~ Signature of, dministrator
~.~
Don Hunter
Administrators Name Typed
Date:
Date:
Attest:
Attest:
FEDERAL FUNDS ALLOCATED
Signature of Witness
Reviewed for the Department of Transportation:
By:
Attorney - DOT
Date:
Title:
Sheriff, Collier Countv
AGENDAI{TEM t
No. ,,, \L::'
~
NOTE: No whiteout or erasures accepted on this signature pag
18
SEP 2 ~ ZOO'
Pg. i'1 m_
=~~_.---
j hi xsdui 3
D.U.I.
IMMOKALEE
ENFORCEMENT PROJECT
PROJECTIONS
FISCAL YBAR TOTALS
2002/2003
DOT GRANT FUNDS $0 $0
REQUIRED MATCH $0 $0
OTHER GRANTS OR $59,500 $59,500
GENERAL OPERATING
BUDGET
TOTALS $59,500 $59,500
AGEND~, ITEM (
NO,----+WL--
SEP 2 5 2001
p', :10
g -------_..
..4____...."".,. .....__>_._~.__",..~~~
EXECUTIVE SUMMARY
RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF
GOVERNMENT, ENDORSE THE COLLIER COUNTY SHERIFF'S OFFICE STATE OF FLORIDA, DEPARTMENT OF
TRANSPORTATION, HIGHWAY SAFETY FUNDS GRANT APPLICATION, AND UPON AWARD, ACCEPT THE GRANT
AND APPROVE APPLICABLE BUDGET AMENDMENTS FOR THE SHERIFF I S OFFICE TRAFFIC CRASH REPORT
PROJECT.
------------------------------------------------------------------------------------------
OBJECTIVE: To have the Collier County Commission be the coordinating unit of government,
endorse the Sheriff's Office, State of Florida, Department of Transportation Highway Safety
Funds grant application and request that upon award, the Board accept the grant and approve
applicable budget amendments. This is for second year funding for a Traffic Crash Report
Project.
CONSIDERATIONS:
1.
The Collier County Commission has participated in the Department of Transportation
grant programs in 1989, 1990, 1991, 1992, 1993, 1997, 1998, 1999, 2000, and 2001.
The Department of Transportation grant funded projects have proven to be valuable to
Collier County.
There has been an increased problem with traffic safety in Collier County due to rapid
growth, increased tourism, and an increase in the number of traffic accidents.
The Department of Transportation has allocated $48,600 to Collier County for the State
F/Y 2002 Traffic Crash Report Project to be implemented by the Sheriff's Office for
dedicated Traffic Analyst and Traffic Data Entry staff to produce intelligence which
will result in rapid deployment of Collier County Sheriff's Office personnel and
resources to make effective plans that result in the safest Collier County
transportation system possible under such adverse circumstances.
The Department of Transportation requires the Collier County Commission to be the
coordinating unit of government.
The Collier County Sheriff's Office requests that the County Commission execute the
necessary documents to allow the formal application process for second funding to be
submitted.
To streamline procedures, to save Board of County Commission time, and to reduce
paperwork and personnel time in preparing executive summaries, an all inclusive
request is being made for grant application/award procedures.
Board authorization is being sought to accept the grant when awarded and to approve,
upon award, applicable budget amendments.
2.
3.
4.
5.
6.
7.
8.
FISCAL IMPACT: Twenty five(25%) percent ($16,200) Local matching funds are available from
the Sheriff's Office fiscal year 2002 operating budget request for salaries and benefits.
GROWTH IMPACT: This grant is the second year of a continuing three year grant program that
requires reapplication each fiscal year. This second year grant is for October 1, 2001
through September 30, 2002. If the grant funds are terminated or other grant funding is
not available at the end of the third year, future payroll costs will either be absorbed
through vacancies arising due to normal attrition, or approval for funding or reallocation
of any positions will be requested from the Board.
RECOMMENDATION: That the Collier County Commission endorse the Subgrant Application for
Highway Safety Funds application for second year funding for fiscal yeac 2001/02, and upon
award, accept the grant and approve applicable budget amendments.
PREPARED
..h........_
APPROVED
DATE:
....
AGENDA ITEM
No.~
SEP 2 5 2001
Pg. I
BY:
Don Hunter, S~eriff
~r ~001
STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION
SUBGRANT APPLICATION FOR HIGHWAY SAFETY FUNDS
500-065-01
SAFETY
OGe - 07/01
"
For D. O. T. Use Only
Project Number: DOT Contract Number:
Federal Funds Allocated: Date Approved:
SYbgrant Period: Date Revised:
SUbgrant History: (1) (2) (3)
Part I: GENERAL ADMINISTRATIVE INFORMATION
(See Instructions for Highway Safety Subgrant Applications)
1- Project Title: Collier County Sheriff's Office Traffic Crash Report Proiect
2. Type of Application: o Initial G) Continuation
3. Requested Subgrant Period: October L 2001 to September 30, 2002
4, Support Matching Total
Sought: $48/600 Share: 516,200 Budget: 564,800
5. Applicant Agency (Subgrantee): 6. Implementing Agency:
Collier County Collier County Sheriff's Off i ce
- Board of County Commissioners 3301 Tamiami Trail East, Building J-l
3301 Tamiami Trail East, Building F Government Complex
Government Complex Naples, Florida 34112
Naples, Florida 34112
Telephone: 941-793-8393 Telephone: 941-774-4434
7. FederallD Number: 8. State SAMAS Number (State Agencies)
C;a_f;()()n..R.~q~ N/A
9. Chief Financial Officer: 10. Project Director:
James Mitchell Lieutenant Al Ganich
3301 Tamiami Trail East 3301 Tamiami Trail East, Building J-l
Courthouse Plaza 111/2 Government Complex
Naples, Florida 34112 Naples, Florida 34112
Telephone Number: 941-774-A404 Telephone Number: q41-774 44~
Fax Number: 941-774-6179 Fax Number: 941-793-9405
E-Mail Address: JamesMitchell@collierqov.net E-Mail Address: qrants@coll ersh
'- -I' ,..
Subgrant funds provided by the U.S. Department of Transportation, National Highway Traffic Sa d,iJ.. I I L..--- r. "-
ety A mlrm.-.r."" ,
Catalog of Federal Domestic Assistance Number - 20.600, State and Community Highway S fety Program, throUoh
the FlOOda Department of Transportation. S EP 2 5 20 1
1 Pg. J..
..~'''------_._'.''''"'~'"'''--_.'-
Part II: PROJECT PLAN AND SUPPORTING DATA
500-065-01
SAFETY
OGC.07101
State clearly and in detail the aims of the project, precisely what will be done, who will be involved, and what is expected
to result. Use the following major headings:
1. Statement of the Problem
2. Proposed Solution
3. Objectives
4. Evaluation
5. Milestones (Use form provided)
Start below and use additional pages as necessary.
1. Statement of the Problem
The problem is the number of traffic crashes resulting in injuries and death in Collier County. Because of
population growth and an increase in traffic, the Collier County Sheriffs Office needs to proactively address the
correction of conditions at crash-prone locations, increase public safety, and solve local traffic problems.
Collier County is the largest county in Florida covering 2,025 square miles. Collier County is a Southwest
Florida county that is growing at a tremendous rate. The permanent population in 1990 was 152,099. The 2000
permanent population was 251,377. During peak season the population is estimated at 353,020 and an
additional 15,000 farm workers make Collier County their temporary residence. Each year at least sixteen million
vehicles pass through 1-75 interchanges into Collier County. Many of the vehicles utilize Collier County
interchanges and roads for gas, lodging, brief rests, and food.
There has been an increased problem with traffic safety in Collier County due to rapid growth, increased
tourism, and an increase in the number of traffic incidents. A 1999 Collier County League of Women Voters
household survey indicates traffic (incidents ranging from speed to road rage) is the most important law
enforcement problem that needs to be addressed in Collier County. Current road systems are inadequate and
cause heavy traffic conditions. Several massive long-term construction projects have commenced that will
increase main arterial roadways in Collier County from two to four lanes. However, closed lanes, detours,
confused drivers, resulting slow traffic and speed violators in other areas have caused a high volume of
dangerous traffic situations. Larger numbers of crashes occur at highly congested major intersections. Each
year eight to ten intersections sustain 50 or more crashes. These intersections have a traffic count range of
39,562 to 86,583 vehicles per day.
All major north/south and east/west thoroughfares are more congested and harder to access by law
enforcement officers as a result of regular traffic, traffic accidents or other emergency situations. Traffic
congestion in Collier County is a significant problem. Collier County traffic counts have increased annually by
2.22% with the "Average Annual Daily Total Peak Season" traffic count increasing an average of 115%. Traffic
on US 41 fluctuates from 4,875 to 52,426 cars per day (depending on day of week and time of year). On an
"Average Annual Day" nearly 58,000 cars cross the Collier County-Lee County line to the north and 12,400
cross the Collier County-Broward County line to the southeast on Interstate 75. During 1999, 44,600 cars utilized
the Interstate exchange north to Immokalee Road, 58,000 utilized the Interstate exchange heading North out of
the County, and 27,000 utilized CR 951 N to CR896 Interstate exchange. This equates to over 16,000,000 cars
traveling through Collier County annually from Interstate 75 (3 interchange roadways have deficient traffic volume
ratings).
Each year the Collier County Department of Transportation rates roadways in Collier County by their ability to
handle traffic. These ratings are based on "road segments", which are stretches of roads between key
intersections. These ratings (A,best through F-worst) aid the county in allocating funds for road improvements.
However, due to the rapid growth of the county's population and traffic volumes, several major road segments
have D, E and F ratings with few improvements slated in the near future. 25% of all road ~egme[ltsjn_199
rated 0 or worse (based on 133 tested road segments). 62% of all road segments in Colli~r Cou~:are)l:atEf~M;-
average to F-the worst". Interstate 75, our major link to the northern part of the state, i~ ratetiJor 47,700 cars
; lu L;)-
2
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500.06~01
SAFElY
OGC .07101
and currently handles 56,000 (an F rating). Several road segments rated D, E and F are slated for
improvements, which will cause traffic delays, traffic re-routing, construction zones, congestion, closed lanes and
detours, and dangerous driving situations.
All major north/south and east/west roadways that are experiencing traffic congestion, which in itself is
hindering, are flanked by canals, curbs, median strips with vegetation, guardrails, and other barriers that create
problems redirecting traffic when there are vehicle breakdowns, traffic crashes, and other related problems.
These natural barriers combined with excessive traffic volumes make responding to emergency situations
impossible. Traffic enforcement is also difficult in these areas due to the inability to safely conduct a traffic stop.
A January 14, 2000 Naples Daily News article stated that on January 13, 2000 Governor Jeb Bush proposeo
a $4 billion plan to expand and improve the state transportation system over the next ten years. Construction
would commence on 1-75 from south Collier County to the north Collier line in 2009.
The earliest the first of a list of MPO's highest priority projects will commence will be in fiscal year 2002. A
coordinated traffic signal system is set for 2002; the design work for the expansion to six lanes of a 2-mile stretch
of Golden Gate Parkway from Airport-Pulling Road to 1-75 is slated for 2004 with construction starting four years
later; the widening to six lanes of a 1.3 mile segment of U.S. 41 North from Old U.S. 41 to the Lee County line is
set for 2004; construction of the interchange of 1-75 at Golden Gate Parkway could start in 2004. These dates
are important because residents and tourists are already suffering from congestion on Collier's roadways.
Delays in construction are going to cause more congestion and potentially more crashes. Between now and
the time small and large road construction projects and the installation of a computerized traffic signal system is
implemented, the traffic load will increase from the current emergency situation to a critically clogged and more
accident prone transportation system. There is a grave need for continuing the Traffic Analyst and Data Entry
staff to produce intelligence, which will result in rapid deployment of CCSO personnel and resources to ensure
effective tactics, relentless follow-up, and assessment to reduce crashes, injuries and fatalities in Collier County.
The majority of crashes in Collier County take place between the hours of 2 - 7 PM on Fridays and
Saturdays. The 1997, 1998, and 1999 crash statistics indicate:
Cateoorv/Y ear
Speed-related Crashes
Speed-related Injuries
Speed-related Deaths
1997
2,516
2,555
55
1998
2512
2,441
52
1999
2,771
2,498
60
Due to budget constraints, the CCSO needs continued grant support for the DOT funded Traffic Analyst and a
traffic statistics Data Entry Clerk to provide timely intelligence that will result in the safest Collier County
transportation system possible under adverse roadway circumstances.
2. Pro Dosed Solution
Due to the number of traffic crashes, citizens' complaints in Collier County, and currently unbudgeted local
funds to support the Traffic Analyst and Data Entry positions, a DOT grant is needed to aid in the continuation of
the CCSO Traffic Report Project. A goal of the project is to reduce traffic problems that result in crashes,
injuries, and death. With the Traffic Analyst and Data Entry positions, the CCSO can continue to expand and
enhance solutions to traffic problems in Collier County.
3. Objectives
An objective of the CCSO Traffic Report Project will be to r.eceive and analyze Collier County traffic
information and to disseminate :'cff,c statistics in a timely manner. The project will locate concentrated areas of
traffic crashes and identify locations for traffic enforcement. It will identify dangerous en IrTee~~
N () .l.Lt, \L
3
SEP 2 5 2001
L::.~ ~
500-06S-01
SAFETY
OGe . 07101
provide information that will assist in corrections. It will increase safety education efforts for children, pedestrians
and the motoring public. As a result of these efforts, traffic enforcement may be utilized in the most effective
locations and engineering problems identified with the goal of reducing the number of traffic crashes and
lowering the number of injuries and fatalities.
,
4. Evaluation
Department of Highway Safety and Motor Vehicles data will be used by the Sheriffs Office to evaluate the
success of the CCSO Traffic Report Project. The main focus of the evaluation will be the number of traffic
incidents and how they have been affected by traffic enforcement efforts directed by traffic crash analysis.
Evaluation sources will also include local statistics. The results of the analysis and the impact of rapid
deployment of CCSO personnel and resources will be reviewed and their effectiveness will be analyzed. Overall
traffic crash numbers for the year are impacted by many factors including changes in population, weather
conditions, and construction activities. The main focus of the evaluation will be the effectiveness of traffic crash
analysis in locating consistently hazardous traffic crash locations and the ability to direct traffic enforcement
efforts to those locations to lower the number of crashes at these locations.
2002 Grant paper
4
AGE.NDA. \ Ir.~~
No_J.j~~
l ~::. 21 2001
500-065-0]
SAFETY
OGe- 07/01
Timetable for Milestones
Milestones 1 st ( uarter 2nd Quarter 3rd Quarter 4th Quarter
OCT NOV DEC JAN FEB MAR APR MAY JON JUL AUG SEP
Analyze contributing causes of X X X X X X X X X X X X
traffic crashes.
Provide traffic enforcement and X IX X X X X X X X X X X I
I
traffic crash summaries that will be
utilized in the formation of field
operations, program planning, and
the development of traffic/public
safety programs.
Monitor selective enforcement X X X X X X X X X X X X
activity ar:ld analyze their
effectiveness through traffic crash
analysis. I
I
Evaluate the project and evaluate X X X X X X X X X X X X
the effectiveness of directing traffic
enforcement through traffic crash
analysis. I
Map traffic crash locations. X X X X X X X X X X X
Map traffic citation locations and I X X X X
analyze their location in reference to I I
traffic crashes.
Enforce safety belt laws. X X X X X X X X X X X X
Enforce child restraint laws. X X X X X X X X X X X X
Submit grant claims X X X X X X X X X X
Submit quarterly reports X X X X
Submit final narrative X
I
I
5
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,
AG..'ENDt.?~1
No . --t 0-
,.
I
Pg.
SEP 2 5 2001
tv
Part III: PROJECT DETAIL BUDGET
SOQ.<)65-{)1
SAFETY
OGe - 07101
Project Title: Collier County Sheriff I s Office Traffic Crash Report Project
Project Number: Contract Number:
BUDGET CATEGORY
TOTAL
FEDERAL
FUNDING
NON-FEDERAL
STATE
LOCAL
A. Personnel Services
Base Salary for Traffic Analyst $25,788 $19,341 0 $6,447
Base Salary for Data Entry Clerk $20,892 $15,669 0 $5,223
Benefits for Traffic Analyst $10,841 $8,131 0 $2,710
Benefits for Data Entry Clerk $7,279 $5,459 0 $1,820
Sub-total
$64,800
$48,600
o
$16,200
B. Contractual Services
Sub-total
o
o
o
o
C. Expenses
Sub-total
o
o
o
o
D. Operating Capital Outlay
Sub-total
o
o
o
o
E. Indirect Cost
Sub-total
o 0 0 0
$64,800 $48,600 r :\~tE mA.~n5~00
Budget Modification Nurber: LL I\... ~
Effective Date: i c C'p '1 1 2001
6 I ~~ L .
L: ~ g - _1__ ..----
--_..~
Total Cost of Project
BUDGET NARRATIVE
5Oll-06S-01
SAFETY
OGC .07101
Project Title:
("/"Ill i I'>r ("/"I1mty c:.hl'>ri ff I c:: nffi f"'I'> 'l'r;:!ffi f"' ("r;:!c::h RI'>[Y1rr Pr("'JjPl"'t
Project Number: Contract Number:
The following is a narrative description of the project budget by line item by category, detailing the item and anticipated
cost. Each category must be sufficiently defined to show cost relationship to project objectives. Attach additional sheets
as needed.
Federal
Funds
Local
Match
Salaries and Benefits
$48,600
$16,200
Costs to be reimbursed in this category include the base salaries and
benefits for one Traffic Analyst and one Data Entry Clerk. Benefits
include retirement, FICA, health, dental, liability, and life insurance,
and worker's compensation. Reimbursement is being made at 75%
with a 25% local match
Contractual Services 0 0
Expenses 0 0
Ooeratinq Capital Outlav 0 0
Indirect Cost 0 0
Total Cost of Proiect $48,600 $16,200
,....... .
Budget Modification Nu nber:Nn I f
Effective Date: \ Ut'
\/ '":l.
, .....
7
S E P 2 5 2001
~
Pg.
Part IV: REPORTS
500-065-01
SAFEiY
OGC . 07101
Quarterly Progress Report Narrative for the
quarter.
Project Title:
Project Number:
Implementing Agency:
C'()llipr ('()lm~y Shpriff'!'; Offit"'P '1'r.::lffit"' C'r.::l",h RpptJr~ Pr()jpt"'~
Project Director:
Collier Countv Sheriff's Office
Lieutenant Al Ganich
Describe the subgrant activities that took place during the quarter. Attach newspaper clippings, press releases, pho~os
and other items that document activities. Use additional sheets, if necessary. The Quarterly Progress Report of
Performance Indicators should be sent to the DOT Safety Office along with the narrative within 30 days of the end of
each quarter,
I --AGENOA ITEM ,
I Nc --t&--v
I ., LD ", I:: .?nn~
8
~, Q
, g ____1-_____
:-.--.--. ----
500-065-01
SAFETY
OGe - 07.01
QUARTERLY PROGRESS REPORT OF PERFORMANCE INDICATORS
for the quarter.
Project 1 itle: Collier County Sheriff's Office Traffic Crash Reoort Proiect
Project Number:
Implementing Agency: Collier County Sheriff's Office
Project Director: Lieutenant AI Ganich
Milestones Accomplished
Performance
Indicators Quarter Quarter Six- Quarter Quarter Project
Ending Ending Month Ending Ending Totals
December March Totals June 31 September
31 31 31
Number of traffic crashes by district and
area.
Number of traffic crashes at major
intersections.
Number of traffic crashes by:
. Time of Day
. Day of the week
. Time of the year
Number of traffic citations issued.
I
J
I i
i Number of traffic citations issued in major
, traffic crash areas.
I
I Number of traffic enforcement details
implemented from traffic analysis data. I
Number of traffic citations issued during I
traffic enforcement details directed by
traffic crash analysis,
Number of safety belt violations issued.
Number of child safety seat violations
issued.
9
.-
AGENDA ITEM
~O.~
SEP 2 5 2001
"0
Pr,.
Final Narrative Report
S00-06!>-01
SAFETY
OGC - 07101
Project Title:
Project Number:
Collier County Shpriff'1=; OffiC'P 'T'ri'lffiC' Cri'l1=;h Rppnrt Prnjprt
Implementing Agency:
Project Director:
Collier County Sheriff's Office
Lieutenant Al Ganich
The following is a chronological narrative history of the above listed project in accordance with Part V: Acceptance and
Agreement, Conditions 'of Agreement, 1. Reports. This report is an accurate accounting of the project performance and
accomplishments. Attacl j additional sheets as needed.
10
1_-- AGEf\:C. ,A ITEM I
No ---W+-d-
SEP 2 ~ 'Z001
~ I \
g -----
I
.-----~- ....-
Part V: Acceptance And Agreement
500-065-01
SAFETY
OGe - 07101
Conditions of Agreement. Upon approval of this Subgrant Application for Highway Safety Funds, the following
terms and conditions shall become binding. Noncompliance may result in loss of, or delays in, reimbursement of
costs.
1. Reports. The implementing agency shall submit the Quarterly Progress Report Narrative and Quarterly
Progress Report of Performance Indicators forms to the State Safety Office by January 31, April 30, July 31 J
and October 31 if there was subgrant activity during the quarter prior to the deadline. The implementing agency
shall submit a Final Narrative Report, giving a chronological history of the subgrant activities, problems
encountered, and major accomplishments by October 31, unless the State Safety Office extends the subgrant
period due to late award of the subgrant. Requests for reimbursement may be returned to the subgrantee or
implementing agency unpaid.. r the required reports are past due.
2. Responsibility of Subgrantee. The subgrantee and its implementing agency shall establish fiscal control and
fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required
non-federal expenditures. All monies spent on this project shall be disbursed in accordance with provisions of the
Project Detail Budget as approved by the State Safety Office. All expenditures and cost accounting of funds
shall conform to 49 CFR, Part 18, Uniform Administrative Requirements for Grants and Cooperative
Agreements to State and Local Governments; 49 CFR, Part 19, Uniform Administrative Requirements for
Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit
Organizations; OMS Circular A-102, Grants and Cooperative Agreements with State and Local
Governments; OMS Circular A-110, Uniform Administrative Requirements for Grants and Agreements with
Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations; OMS Circular A-21 , Cost
Principles for Educational Institutions; OMS Circular A-87, Cost Principles for State, Local, and Indian
Tribal Government; and/or OMS Circular A-122, Cost Principles for Non-Profit Organizations, as applicable
(hereinafter referred to as Applicable Federal Law).
The subgrantee and the implementing agency, by entering into this agreement, certify that they meet and shall
comply with the federal statutes, executive orders, and implementing regulations applicable to this subgrant.
3. Compliance with Chapter 287, Florida Statutes. The subgrantee and implementing agency agree to comply
with all applicable provisions of Chapter 287, Florida Statutes. The following provisions are stated in this
agreement pursuant to sections 287.133(3 )(a) and 287 .134(3)(b), Florida Statutes.
(a) Section 287.133 (2)(a), F.S.
A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity
crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public building or public work, may not
submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business
with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a
period of 36 months from the date of being placed on the convicted vendor list.
(b) Section 287.134 (2)(a), F.S.
An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract
to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases of real property to
a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant
under a contract with any public entity, and may not transact business with any public entity.
4. Approval of Consultant and Contractor Agreements, The State Safety Office shall review and approve in .,
writing all consultant and contractor agreements prior to the actual employment of the consultant or the contractor
by the subgrantee or implementing agency. Approval of the subgrant does not constitureapprR~~ 9f~~ an
or contractor agreement. No. V . ---:l--
l--&-p~
I SEF'? ~ 2001
L2-_.~--
11
SOO-D6S.Q 1
SAFETY
OGe - 07101
5. Allowable Costs. The allowability of costs incurred under any subgrant shall be determined in accordance
with the general principles of allowability and standards for selected cost items set forth in the applicable Federal
Law and state law, to be eligible for reimbursement. All funds not spent in accordance with the applicable Federal
Law will be subject to repayment by the subgrantee.
6. Travel. Travel costs for approved travel shall be reimbursed in accordance with regulations applicable to the
implementing agency and the State of Florida, Department of Transportation's (Department's) Disbursement
Operations Manual, Chapter 3 Travel, but not in excess of provisions in Section 112,061. Florida Statutes. All
travel for out-of-state or out-of-grant-specified work area shall require written approval of the State Safety Office
prior to the commencement of actual travel. In addition, prior written approval shall be obtained from the State
Safety Office for hotel rooms with rates e: ceeding $100 per day that are to be reimbursed.
7, Written Approval of Changes. The subgrantee or implementing agency shall obtain prior written approval
from the State Safety Office for changes to the agreement. For example:
(a) Changes in project activities, objectives, milestones, or performance indicators set forth in the approved
application.
(b) Changes in budget items and amounts set forth in the approved application.
8. Reimbursement Obligation. The State of Florida's performance and obligation to reimburse the subgrantee
shall be subject to the availability of Federal highway safety funds and an annual appropriation by the Legislature.
As detailed in 49 CFR, Part 29, Governmentwide Debarment and Suspension (Nonprocurement) and
Governmentwide Requirements for Drug-Free Workplace (Grants), the subgrantee shall not be reimbursed
for the cost of goods or services received from contractors, consultants, vendors, or individuals suspended,
debarred, or otherwise excluded from doing business with the Federal government. The subgrantee or its
implementing agency shall submit the required certification by consultants with awards in excess of the small
purchase threshold fixed at 10 U.S.C. 2304(g} and 41 U.S.C. 253(g} (currently $25,OOO).
9. Commencement of Projects. If a project has not commenced within 30 days after the acceptance of the
subgrant award, the subgrantee or its implementing agency shall report by letter the steps taken to initiate the
project, the reasons for delay, and the expected starting date. If. after 60 days from the acceptance of the award,
project activity as described herein has not begun. a further statement of implementation delay will be submitted
by the subgrantee or its implementing agency to the State Safety Office. The subgrantee agrees that if the
statement is not received in 60 days, the State Safety Office may cancel the project and reobligate the funds to
other program areas. The State Safety Office, where warranted by excusable delay, may extend the
implementation date of the project past the 60-day period, but only by formal written approval from the State
Safety Office.
10. Excusable Delays.
(a) Except with respect to the defaults of subgrantee's or implementing agency's consultants and contractors
which shall be attributed to the subgrantee, the subgrantee and its implementing agency shall not be in default
by reason of any failure in performance of this agreement in accordance with its tenns if such failure arises out
of causes beyond the control and without the fault or negligence of the subgrantee or its implementing agency.
Such causes may include, but are not restricted to, acts of God or of the public enemy. acts of the Govemment
in either its sovereign or contractual capacity. fires. floods, epidemics, quarantine restrictions, strikes. freight
embargoes, and unusually severe weather. but in every case the failure to perfonn must be beyond the control
and without the fault or negligence of the subgrantee. If the failure to perfonn is caused by the failure of the
subgrantee's or its implementing agency's consultant or contractor to perfonn or make progress, and if such
failure arises out of causes beyond the control of the subgrantee, its implementing agency and its consultant or
contractor, and without the fault or negligence of any of them, the subgrantee shall not be deemed to be in
default, unless (1) the supplies or services to be furnished by the consultant or contractor were obtainable from
other sources, (2) the State Safety Office shall have ordered the subgrantee or its implementing agency in
writing to procure such supplies or services from other sources, and (3) the subgrantee or its implementing
agency shall have failed to comply reasonably with such order.
12
AGEND,6 ITEM
NO__~
SEP 2 ~ 2001
Pg. 13
~5.Q'
SAFETY
OGe .07101
(b) Upon request of the subgrantee or its implementing agency, the State Safety Office shall ascertain the
facts and extent of such failure and, if it shall be determined that any failure to perform was occasioned by
anyone or more of the said causes, the delivery schedule shall be revised accordingly.
11. Obligation of Subgrant Funds. Subgrant funds may not be obligated prior to the effective date or
subsequent to the termination date of the subgrant period. Only project costs incurred on or after the effective
date and on or prior to the termination date of the subgrant application are eligible for reimbursement. A cost is
incurred when the subgrantee's employee, its implementing agency, or approved contractor or consultant
performs the service required or when goods are received by the subgrantee or its implementing agency.
notwithstanding the date of order.
12. Performance. In the event of default, noncompli&.1ce, or violation of any provision of this agreement by the
subgrantee, the implementing agency. the subgrantee's consultant(s) or contractor(s) and supplier(s), the
subgrantee agrees that the Department may impose such sanctions. as the Department deems appropriate.
Such sanctions include withholding of payments. cancellation, termination. or suspension of the agreement in
whole or in part. In such an event, the Department shall notify the subgrantee and its implementing agency of
such decision 30 days in advance of the effective date of such sanction. The subgrantee shall be paid only for
those services satisfactorily performed prior to the effective date of such sanction.
13. Access to Records and Monitoring. The Department, NHTSA, Federal Highway Administration (FHWA),
and the Comptroller and Auditor General of the State of Florida, or any of their duly authorized representatives,
shall have access for the purpose of audit and examination of books, documents, papers, and records of the
subgrantee and its implementing agency, and to relevant books and records of the subgrantee, its implementing
agency, and its consultants and contractors under this agreement. as provided under Applicable Federal Law.
In addition to review of audits conducted in accordance with OMS Circular A-133, as revised, monitoring
procedures may include, but not be limited to. on-site visits by Department staff, limited scope audits as defined
by OMS Circular A-133, as revised, and other procedures. Sy entering into this agreement. the subgrantee and
its implementing agency agree to comply and cooperate with any monitoring procedures deemed appropriate by
the Department. In the event the Department determines that a limited scope audit of the subgrantee or its
implementing agency is appropriate, they agree to comply with any additional instruction provided by the
Department. The subgrantee further agrees to comply and cooperate with any inspections, reviews,
investigations. or audits deemed necessary by the Comptroller or Auditor General.
The Department shall unilaterally cancel this subgrant if the subgrantee or its implementing agency refuses to
allow public access to all documents, papers, letters. or other material subject to the provisions of Chapter 119,
F.S., and made or received by the subgrantee or its implementing agency in conjunction with the subgrant.
14. Audit. This part is applicable if the subgrantee is a State or local government or a non-profit organization as
defined in OMS Circular A-133, as revised.
In the event that the subgrantee expends $300,000 or more in Federal awards in its fiscal year, the subgrantee
must have a single or program-specific audit conducted in accordance with the provisions of OMS Circular A-133,
as revised. Page 1 of this agreement indicates the source of Federal funds awarded through the Florida
Department of Transportation by this agreement. In determining the Federal awards expended in its fiscal year.
the subgrantee shall consider all sources of Federal awards, including Federal funds received from the
Department of Transportation. The determination of amounts of Federal awards expended should be in
accordance with the guidelines established by OMS Circular A-133, as revised. An audit of the subgrantee
conducted by the Auditor General in accordance with the provisions OMS Circular A-133, as revised, will meet the
requirements of this part.
In connection with the audit requirements addressed above, the subgrantee shall fulfill the requirements relative to
auditee responsibilities as provided in Subpart C of OMS Circular A-133, as revised.
13
AGEf\lDA IT.~~M......
~~o +~~1=-~
SEP 2 ~ 2001
pg._t:L
-->',.--"...,~~..,-----",..,.., .
500-065-01
SAFETY
OGe - 07101
If the subgrantee 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
subgrantee 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.
Copies of audit reports for audits conducted in accordance with OMB Circular A-133, as revised, and required by
this agreement shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on
behalf of the subgrantee directly to each of the following:
(a) Florida Department of Transportation
605 Suwannee Street, MS-17
Tallahassee, FL 32399-0450
(b) Federal Audit Clearinghouse
Bureau of the Census
1201 East 10 Street
Jeffersonville, IN 47132
(c) Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB
Circular A-133, as revised.
15. Retention of Records. The subgrantee shall retain sufficient records demonstrating its compliance with the
terms of this agreement for a period of three years from the date the audit report is issued, and shall allow the
Department or its designee access to such records upon request. The subgrantee shall ensure that audit working
papers are made available to the Department or its designee upon request for a period of three years from the
date the audit report is issued, unless extended in writing by the Department.
Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or
the dispute is resolved. Records shall also be maintained and accessible in accordance with 49 CFR, Section
18.42 or 49 CFR, Section 19.53.
16. Procedures for Reimbursement. All requests for reimbursement of subgrant costs must be submitted on
forms provided by the Department (FDOT Form Numbers 500-065-04 through 07). Appropriate documentation
supportive of the reported costs must accompany each claim.
The subgrantee or its implementing agency shall submit financial reimbursement forms to the Safety Office at
least once each quarter as costs are incurred and payment is made. The only exception is when no costs are
incurred during a quarter. Reimbursement for subgrants with personnel costs should be made after every two pay
periods. Failure to submit reimbursement requests in a timely manner may result in the subgr'ant being
terminated.
All requests for reimbursement of Operating Capital Outlay items having a unit cost of $5,000 or more and a
useful life of one year or more shall be accompanied by a Non"Expendable Property Accountability Record
(FDOT Form No. 500-065-09), Payment of the Operating Capital Outlay costs shall not be made before receipt of
this form.
A final financial request for reimbursement shall be submitted to the State Safety Office within 30 days after the
end of the subgrant period. Such request shall be distinctly identified as Final. Failure to submit the invoice in a
timely manner may result in denial of payment. The subgrantee agrees to forfeit reimbursement of any amount
incurred if the final request is not received within 30 days of the end of the subgrant period.
17. Ownership of Data and Creative Material. The ownership of material, discoveries, inventions and results
developed, produced, or discovered by the agreement are governed by the terms of 49 CFR, Section 18,34,49
CFR, Section 19.36, or OMB Circular A-110.
14
AGENDA ITEM
No '--\-V---\L,2=-
SEP 2 5 200,
-
Pg..-lL_
500-065-C 1
SAFEiY
OGC .07101
In addition to the provisions for 49 CFR, Part 18 and 49 CFR, Part 19, the State Safety Office reserves a
royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others
to use:
(a) The copyright in any work developed under a subgrant or contract under a subgrant; and
(b) Any rights of copyright to which a subgrantee or a contractor purchases ownership with subgrant
support.
18. Property Accountability. The subgrantee or its implementing agency shall establish and administer a
system to control, protect, preserve, use, and maintain and dispose of any property fumished by the Department,
or purchased pursuant to this agreement in accordance with Federal Proper1" Management Standards as set forth
in 49 CFR, Section 18.32, 49 CFR 19, Section 19.34, or OMB Circular A-11 O. This obligation continues as long
as the property is retained by the subgrantee or its implementing agency, notwithstanding the expiration of this
agreement.
19. Disputes. Any dispute, disagreement, or question of fact arising under the agreement shall be decided by the
State Safety Office in writing and shall be distributed to parties concerned. A written appeal may be made within
30 calendar days to the Governor's Highway Safety Representative at the Florida Department of Transportation,
605 Suwannee Street, MS 57, Tallahassee, Florida 32399-0450, whose decision is final. The subgrantee and its
implementing agency shall proceed diligently with the performance of the agreement and in accordance with
Department's decision.
20. Conferences, Inspection of Work. Conferences may be held at the request of any party to this agreement.
Representatives of the Department or the U.S. Department of Transportation (US DOT), or both, shall be
privileged to visit the site for the purpose of inspection and assessment of work being performed at any time.
21. Publication and Printing of Observational Surveys and Other Reports.
(a) Before publication or printing, the final draft of any report or reports required under the agreement or
pertaining to the agreement shall be submitted to the State Safety Office for review and concurrence.
(b) Each publication or other printed report covered by Paragraph 21.a. above shall include the following
statement on the cover page:
(1) This report was prepared for the State Safety Office, Department of Transportation, State of Florida,
in cooperation with the National Highway Traffic Safety Administration, U.S. Department of
Transportation andlor Federal Highway Administration, U.S. Department of Transportation.
(2) The conclusions and opinions expressed in these reports are those of the subgrantee and do not
necessarily represent those of the State of Florida, Department of Transportation, State Safety
Office, the U.S. Department of Transportation, or any other agency of the State or Federal
Govemment.
22. Equal Employment Opportunity. No person shall, on the grounds of race, color, religion, sex, handicap, or
national origin, be excluded from participation in, be refused the benefits of, or be otherwise subjected to
discrimination under this subgrant, or any project, program, or activity that receives or benefits from this subgrant
award, The subgrantee and its implementing agency agree to comply with Executive Order (E.O.) 11246, as
amended by E.O. 11375, and as supplemented by 41 CFR, Part 60.
23. Responsibility for Claims and Liability. Subject to the limitations of Section 768.28, Florida Statutes, the
subgrantee and its implementing agency shall be required to defend, hold harmless and indemnify the
Department, NHTSA, FHWA, and USDOT, from all claims and liability, or both, due to negligence, recklessness,
or intentional wrongful misconduct of subgrantee, implementing agency, and its contractor, consultant, agents and
employees. The subgrantee and its implementing agency shall be liable for any loss of, or damage to, any
material purchased or developed under this subgrant agreement which is caused by the subgrantee's or its
imp~ementin~ agency's failure to exercise such care in regard to said material as a rea clJl~f;fr/8169'fm
SImilar matenals would exercise. , . . ~
I\j;' t&.~-6"""
SE~' i~ 2Uu~
D- ''''
5,_____..
15
~5-01
SAFETY
OGe - 07101
The parties executing this agreement specifically agree that no provision in this agreement is intended to create in
the public or any member thereof, a third party beneficiary, or to authorize anyone not a party to this agreement to
maintain a suit for personal injuries or property damage pursuant to the terms or provisions of this agreement.
24. Disadvantaged Business Enterprises (DBE).
(a) The subgrantee and its implementing agency agree to the following assurance:
The subgrantee and its implementing agency shall not discriminate on the basis of race, color, national
origin, or sex in the award and performance of any USDOT -assisted contract or in the administration of its
DBE program or the requirements of 49 CFR, Part 26. The subgrantee shall take all necessary and
reasonable steps under 49 CFR, Part 26 to ensure nondiscrimination in the award and administration of
US DOT-assisted contracts. The subgrantee's DBE program, as required by 49 CFR, Part 26 and as
approved by USDOT, is incorporated by reference in this agreement. Implementation of this program is a
legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon
notification to the subgrantee of its failure to carry out its approved program, the USDOT may impose
sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement
under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
(b) The subgrantee and its implementing agency agree to include the following assurance in each contract
with a consultant or contractor and to require the consultant or contractor to include this assurance in all
subcontract agreements:
The consultant or contractor and subconsultant or subcontractor shall not discriminate on the basis of
race, color, national origin, or sex in the performance of this contract. The consultant or contractor shall
carry out applicable requirements of 49 CFR, Part 26 in the award and administration of USDOT-assisted
contracts. Failure by the consultant or contractor to carry out these requirements is a material breach of
this contract, which may result in the termination of this contract or such other remedy, as the subgrantee,
its implementing agency, or the Department deems appropriate.
25, Restrictions on Lobbying. The subgrantee and its implementing agency agree to comply and require
consultants and contractors to comply with 49 CFR, Part 20, New Restrictions on Lobbying, for filing of
certification and disclosure forms.
No funds granted hereunder shall be used for the purpose of lobbying the legislature, the judicial branch, or state
agencies. Section 216.347, Florida Statutes.
26. How Agreement is Affected by Provisions Being Held Invalid. If any provision of this agreement is held
invalid, the remainder of this agreement shall not be affected. In such an instance the remainder would then
continue to conform to the terms and requirements of applicable law.
27. Federal Requirement for Public Service Announcements. All public service announcements produced
with Federal Highway Safety funds shall be closed captioned for the hearing impaired.
28. Public Awareness Materials and Promotional Items. The name of the subgrantee or implementing agency
and its logo can appear on printed materials and promotional items. The names of individuals connected with the
subgrantee shall not appear on printed materials and promotional items paid for with Federal highway safety
funds. Before printing public awareness materials or ordering promotional items, a final draft or drawing of the
items shall be submitted to the State Safety Office for review. The Office shall provide written approval for
reimbursement if the items are appropriate for purchase under this agreement. Copies of all public awareness
materials purchased with Federal highway safety funds shall be attached to the forms requesting reimbursement
for the items.
29. Term of Agreement. Each subgrant shall begin on the date of the last party to sign the agreement and shall
end on September 30, following, unless otherwise stipulated by the State Safety Offic on the'(tIi1!tfl@;~1t~e
respective agreement. The subgrant period shall not exceed 12 months. NO.~_-tu~;;I--
SEP 2 5 200~
P . "
g._~-~._-~
16
500-<l6~1
SAFETY
OGe - 07/01
30. Clean Air Act and Federal Water Pollution Control Act. For subgrant awards in excess of $100,000 the
subgrantee and its implementing agency agree to comply with all applicable standards, orders, or regulations
issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act (33
U.S.C. 1251 et seq.). The subgrantee shall include this provision in all subcontract awards in excess of $100,000.
31. Personnel Hired Under Agreement. The head of any implementing agency receiving first year funding for a
new position(s) through a subgrant shall provide written notification within 30 days of the agreement being
awarded to the State Safety Office that a new position(s) has been created in the agency as a result of the
subgrant being awarded.
Any and all employees of the subgrantee or implementing agency whose positions are funded, in whC'le or in part
through a subgrant, shall be the employee of the subgrantee or implementing agency only, and any and all claims
that may arise from said employment relationship shall be the sole obligation and responsibility of the subgrantee
or its implementing agency.
32. Repossession of Equipment. Ownership of all equipment purchased with Federal highway safety funds
rests with the subgrantee and its implementing agency; however, the USDOT maintains an interest in the
equipment for three fiscal years following the end of the subgrant period. The State Safety Office, on behalf of the
USDOT, may repossess' any equipment purchased with Federal highway safety funds that is not being used by
the subgrantee or its implementing agency for the purposes described in the subgrant. Items that are
repossessed shall be disbursed to agencies that agree to use the equipment for the activity described in this
subgrant.
33. Replacement or Repair of Equipment. The subgrantee and its implementing agency are responsible, at
their own cost, for replacing or repairing any equipment purchased with Federal highway safety funds that is
damaged, stolen, or lost, or that wears out as a result of use. Federal regulations prohibit funding equipment
replacement.
34. Ineligibility for Future Funding. The subgrantee and its implementing agency agree that the Department
may find the subgrantee or its implementing agency ineligible for future funding for any of the following reasons:
(a) Failure to provide the required audits,
(b) Failure to continue funding positions created with highway safety funds after the Federal funding cycle
ends,
(c) Failure to provide required quarterly and final reports in the required time frame,
(d) Failure to perform work described in Part II of the subgrarit agreement,
(e) Providing fraudulent quarterly reports or reimbursement requests.
(f) Misuse of equipment purchased with Federal highway safety funds.
35. Safety Belt Policy. Each subgrantee and implementing agency shall have a written safety belt policy, which
is enforced for all employees. A copy of the policy shall be attached to the subgrant application.
36. Safety Belt Enforcement. All law enforcement agencies receiving subgrant funds shall have a standard
operating procedure regarding enforcement of safety belt and child safety seat violations. A copy of the
procedure shall be attached to the subgrant application.
37. Certification for Equipment Costing More than $500 per Item. The head of any implementing agency
purchasing equipment costing more than $500 per item shall send a letter to the Safety Office upon award of the
subgrant certifying that none of the items being purchased with federal highway safety funds is replacing
previously purchased equipment, whether the equipment was purchased with federal, state, or local funds.
38. Checkpoint Reporting. Any law enforcement agency that conducts DUI checkpoints shall attach a copy of
the After Action Report for each checkpoint operation conducted during a quarter to its .Er.Qgres.sJ3~ ort
of Performance Indicators. This requirement applies to all law enforcement agencies, r gardl~6f'.t1:fa PiF~m
area for which they are being funded. No._ --f&~~
SEP 2 5 2001
IQ
Pg.__ 0
17
500-065-01
SAFETY
OGe - 07101
39.Child Safety Seats. Any implementing agency that receives funds to purchase child safety seats must have
at least one staff member certified by the American Automobile Association (AAA) as a Certified Child Passenger
Safety Technician within 90 days of the effective date of the subgrant. Failure to comply with this provision shall
result in the termination of this agreement.
40. Special Conditions.
18
AGENDA ITEM I
No
~EP ~~ fo~ I
~ ,Cf
,g-------
PROJECT NUMBER:
soo.o6>lll
5.l.Fffi
OGC . 07101
; WITNESS WHEREOF, the parties affirm that they have each read and agree to the conditions set forth in Part V of
this Agreement, that each have read and understand the Agreement in its entirety. Now, therefore, in consideration of
the mutual covenants, promises and representations herein have executed this AgreE:r;-,ent by their undersigned officials
on the day, month, and year set out below.
(For DOT Use Only)
STATE OF FLORIDA
DEPARTMENT OF TRANSPORTATION
SU8GRANTEE
Collier County Board of Commissioners
Name of Applicant Agency Typed
By:
By:
Signature of Authorized Representative
Title:
James D. Carter. Ph.D.
Authorized Representative's Name Typed
Date:
Title:
-.
Chairman, Collier County Commiss~on '
.:\
:4
:-:f
.,
FEDERAL FUNDS ALLOCATED
Signature of Witness
\.,
I
f
I
Attest:
Date:
Attest:
ADMINISTRATOR OF IMPLEMENTING AGENCY.
By:
~natu\o Administrator
_____ I
--------
Reviewed for the Department of Transportation:
Attorney - DOT
Don Hunter
Administrator's Name Typed
By:
Date:
.,
Title: Sheriff, Collier Countv
NOTE: No whiteout or erasures accepted on this signature pa
No._ --fWd-
19
Pg.__J.Q._
TRAFFIC CRASH REPORT PROJECT
PROJECTIONS
FISCAL YEAR FISCAL YEAR TOTALS
2002/2003 2003/2004
DOT GRANT $33,650 $0 $33,650
FUNDS
REQUIRED $33,650 $0 $33,650
MATCH
OTHER GRANTS $0 $69,900 $69,900
OR GENERAL
OPERATING
BUDGET
TOTALS $67,300 $69,900 $137,200
jh/xstrp2
AGENDA ITEM
NO'--tt7f"r
SEP 2 5 2001
pg.~L__.
,.-
EXECUTIVE SUMMARY
A RESOLUTION AUTHORIZING THE BORROWING OF fu~
AMOUNT NOT TO EXCEED $8,120,000 FROM THE POOLED
COMMERCIAL PAPER LOAN PROGRAM OF THE FLORIDA
LOCAL GOVERNMENT FINANCE COMMISSION PURSUANT
TO THE LOAN AGREEMENT BETWEEN THE BOARD OF
COUNTY COMMISSIONERS AND THE COMMISSION IN
ORDER TO FINANCE THE ACQUISITION AND
CONSTRUCTION OF THE IMMOKALEE JAIL FACILITY TO BE
LOCATED WITHIN THE COUNTY; AUTHORIZING THE
EXECUTION 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 LEGALLY AVAILABLE NON-AD VALOREM
REVENUES AS PROVIDED IN THE LOAN AGREEMENT;
AUTHORIZING THE EXECUTION AND DELIVERY OF SUCH
OTHER DOCUMENTS AS MAY BE NECESSARY TO EFFECT
SUCH BORROWING; AND PROVIDING AN EFFECTIVE DATE.
OBJECTIVE: That the Board of County Commissioners adopt the attached Resolution
authorizing a loan from the Commercial Paper Program in an amount not to exceed
$8,120,000 to acquire and construct the Irnmokalee Jail Facility.
CONSIDERATIONS: On January 12, 1999, the Board approved a master construction
agreement with Kraft Construction for a number of correctional/judicial projects
including the lmmokalee Jail. As part of the master contract, Kraft has provided a
negotiated not to exceed (GPM) price of $7,427,664 for the construction of the ne\v
lmrnokalee Jail and the demolition of the old jail. The total project budget in FY 02 is
$8,114,000.
In order to expedite the completion of the project, staff is requesting authorization to
execute any change orders required and to utilize State Contract pricing on commodities
not specifically addressed in this summary (jail equipment and furniture). This is
consistent with previous executive summaries involving this master contract. The total
amount of any change orders executed will not exceed the current project budget of
$8,114,000. In the event that a required change order would exceed the current project
budget, staff would request authorization in a separate Executive Summary.
...---.
FISCAL IMPACT: A loan in an amount not to exceed $8,120,000 is required to
finance the construction phase of this project and shall be repaid with funds derived from
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 authorized to make the
loan repayments.
AGENDA ITEM
No. It. &-
SEP 2 5 2001
Pg. I
This project was included in the FY 02 budget and assumed a Commercial Paper loan
would be used to finance the construction phase. The estimated FY 02 debt service on
this loan (assuming a 10 year amortization at 5% interest) is $1,220,600. This amount is
budgeted and available in the Commercial Paper Debt Service Fund (299).
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact.
RECOMMENDATION: That the Board of County Commissioners:
1. Adopt the attached Resolution authorizing a loan in an amount not to exceed
$8,120,000 from the Commercial Paper Program as the funding source for the
construction of the Immokalee Jail Facility.
2. Approve Construction Contract amendment to the Master agreement to Kraft
Construction, Inc. as addressed within this summary for the construction of the
Immokalee Jail Facility after review by the County Attorney's Office.
Prepared By: ~;r: ~~
J es L. MItchell, CIA. CFE, CBA
Director of Finance and Accounting
Approved By: /0~ ~
Michael Smykowski
Director, Office of Management and Budget
Date:
9/1'/01
~ ,
Date:
9 - 1:)-0)
..-.
AGENDA ITEM
No. If, tr
SEP 2 5 2001
Pg. :;.
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY
COlv1MISSIONERS OF COLLIER COUNTY, FLORIDA,
AUTHORIZING THE BORROWING OF NOT EXCEEDING
$8,120,000 FROM THE POOLED COMMERCIAL PAPER
LOAN PROGRAM OF THE FLORIDA LOCAL
GOVERNMENT FINANCE COMMISSION PURSUANT TO
THETERMSOFTHELOANAGREEMENTBET~tENTHE
COMMISSION AND THE COUNTY IN ORDER TO
FINANCE THE ACQUISITION AND CONSTRUCTION OF
THE IMMOKALEE JAIL FACILITY TO BE LOCATED
WITHIN THE COUNTY; AUTHORIZING THE EXECUTION
OF A LOAN NOTE OR NOTES TO EVIDENCE SUCH
BORROWING; AGREEING TO SECURE SUCH LOAN
NOTE OR NOTES WITH A COVENANT TO BUDGET AND
APPROPRIA TE LEGALL Y AVAILABLE NON-AD
VALOREM REVENUES AS PROVIDED IN THE LOAN
AGREEMENT; AUTHORIZING THE EXECUTION AND
DELIVERY OF SUCH OTHER DOCUMENTS AS MAYBE
NECESSARY TO EFFECT SUCH BORROWING; AND
PROVIDING AN EFFECTIVE DATE.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA:
SECTION 1. DEFINITIONS. Unless the context of use indicates another
meaning or intent, the following words and terms as used in this Resolution shall have the
following meanings. Capitalized terms not defined herein shall have the meanings ascribed
thereto in the hereinafter defined Loan Agreement.
"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
pursuant 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 County Commissioners of the County,
"Chairman" means the Chainnan or Vice Chainnan of the Board, and such other
person as may be duly authorized to act on his or her behalf.
"Clerk" means the Clerk of the Circuit Court for the County, ex-officio Clerk of the
Board, and such other person as may be duly authorized to act on his or her behalf.
"Commission" means the Florida Local Government Finance Commission, and any
assigns or successors thereto.
"County" means Collier County, Florida, a political subdivision of the State of
Florida.
"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 of payment of the Loan Repayments and any other amounts due
under the Loan Agreement, and (2) the proceeds of the Loan pending the application thereof.
"Draw Date" has the meaning set forth in the Loan Agreement.
"Finance Director" means the Director of Finance and Accounting and such other
person as may be duly authorized to act on his or her behalf.
"Loan No. A-20-1" means the Loan designated as "Loan No. A-20-l" the proceeds
of which are to be used to finance Project A-20.
"Loan" means the loan to be made by the Commission to the County from proceeds
of the Series A Notes in accordance with the tenns of this Resolution and of the Loan
Agreement.
"Loan Agreement" means the Loan Agreement, dated as of Aprill2, 1991, between
the County and the Commission, as amended and supplemented and as the same may be
further amended and supplemented.
"Loan Rate" has the meaning set forth in the Loan Agreement.
"Loan Repayments" or "Repayments" means the payments of principal and interest
at the Loan Rate on the Loan amounts payable by the County pursuant to the provisions of
2
the Loan Agreement and all other payments, including Additional Payments, payable by the
County pursuant to the provisions of the Loan Agreement.
"Non-Ad Valorem Revenues" means all legally available revenues of the County
derived from any source whatsoever other than ad valorem taxation on real and personal
property, which are legally available to make the Loan Repayments required in the Loan
Agreement, but only after provision has been made by the County for the payment of services
and programs whkh are for essential public purposes affecting the health, welfare and safety
of the inhabitants of the County or which are legally mandated by applicable law.
"Program" means the Pooled Commercial Paper Loan Program established by the
Commission,
"Project A-20" means the costs and expenses relating to the acquisition and
construction of the lmmokalee Jail Facility, as the same may be amended or modified from
time to time, all as more particularly described in the plans and specifications on file with the
County .
"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 Revenues pursuant to the County'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 Commission. .
The terms "herein," "hereunder," "hereby," "hereto," "hereof," and any similar terms,
shall refer to this Resolution; the term "heretofore" shall mean before the date of adoption
of this Resolution; and the term "hereafter" shall mean after the date of adoption of this
Resolution.
Words importing the masculine gender include every other gender.
Words importing the singular number include the plural number, and vice versa.
SECTION 2. AUTHORITY FOR RESOLUTION. This Resolution is
adopted pursuant to the provisions of the Act.
3
SECTION 3.
FINDINGS. It is hereby ascertained, determined and declared
that:
(A) The Commission has been established for the principal purpose of issuing
commercial paper notes in order to provide funds to loan to public agencies, such as the
County, desiring to finance and refinance the cost of acquiring, constructing and equipping
capital improvements and to finance and refmance other governmental needs.
(B) In furtherance of the foregoing, the Commission shall issue, from time to time,
commercial paper notes to be known as "Florida Local Government Finance Commission
Pooled Commercial Paper Notes, Series A (Governmental Issue)" and shall loan the proceeds
of such Series A Notes to public agencies, including the County.
(C) Pursuant to the authority of the Act, the Commission has agreed to loan, from
time to time, to the County such amounts as shall be authorized herein and in the Loan
Agreement in order to enable the County to finance, reimburse or refinance the cost of
acquisition, construction and equipping of capital improvements.
(D) There is presently a need by the county to finance Project A-20 and the most
cost-effective means by which to finance Project A-20 is by the use of moneys obtained
pursuant to the Program by means of the Loan.
(E) The County hereby determines that the provision of funds by the Commission
to the County in the form of Loan No. A-20-1 pursuant to the terms of the Loan Agreement
and the financing of Project A-20 will assist in the development and maintenance of the
public welfare of the residents of the County, and shall serve a public purpose by improving
the health and living conditions, and providing governmental services, facilities and
programs and will promote the most efficient and economical development of such services,
facilities and programs.
(G) Loan No. A-20-1 shall be repaid solely from the Designated Revenues. Such
Designated Revenues shall include moneys derived from 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 authorized to make the Loan Repayments.
(H) Due to the potential volatility of the market for tax-exempt obligations such as
the Note or Notes to be issued evidencing Loan No. A-20-1, the complexity of the
transactions relating to such Note or Notes and the uniqueness of the Program, it is in the best
interest of the County to deliver the Note or Notes to the Commission pursuant to the
Program by a negotiated sale pursuant to Section 218.385(1), Florida Statutes, allowing the
4
County to utilize 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
permitting the County to obtain the best possible price, issuance costs and interest rate for
such Note or Notes,
SECTION 4. TERMS OF LOANS. The County hereby approves of Loan No.
A-20-1 in the aggregate amount of not exceeding $8,120,000 for the purpose of providing
the County with sufficient funds to finance Project A-20. The Chairman and the Clerk are
hereby authorized to execute, seal and deliver on behalf of the County a Loan Note or Notes
with respect to Loan No. A-20-1 and other documents, instruments, agreements and
certificates necessary or desirable to effectuate Loan No. A-20-1 as provided in the Loan
Agreement. The Loan Note or Notes with respect to Loan No. A-20-1 shall reflect the terms
of such Loan and shall be substantially in the form attached to the Loan Agreement as
Exhibit 1. The Finance Director shall make the Draw Request or Requests with respect to
Loan No. A-20-l in accordance with the terms of the Loan Agreement at such time as shall
be determined by the Finance Director as appropriate to finance Project A-20 and is
permitted by the Loan Agreement. Loan No. A-20-l shall mature in accordance with the
provisions described in Schedule I attached hereto or in such other amounts and at such other
times as the Finance Director may determine. Loan No. A-20-l shall bear interest at the
Loan Rate in accordance with the terms of the Loan Agreement. The County further agrees
to make all Loan Repayments required of it pursuant to the terms of the Loan Agreement.
The Letter of Credit fees for Loan No. A-20-l shall be 30 basis points or such other amount
as First Union National Bank and the Finance Director shall agree.
SECTION 5. AUTHORIZATION OF PROJECT A-20. The County does
hereby authorize the acquisition and construction of Project A-20.
SECTION 6. SECURITY FOR THE LOAN. The County's obligation to
repay Loan No. A-20-l will be secured by a pledge of and lien upon the Designated
Revenues in accordance with the terms of the Loan Agreement. The obligation of the
County to repay Loan No. A-20-l shall not be deemed a pledge of the faith and credit or
taxing power of the County and such obligation shall not create a lien on any property
whatsoever of or in the County other than the Designated Revenues.
SECTION 7. GENERAL AUTHORITY. The members of the Board and the
officers, attorneys 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 consistent with the requirements of this Resolution and the Loan Agreement, for the full
punctual and complete performance of all the terms, covenants and agreements contained in
this Resolution and the Loan Agreement, and each member, employee, attorney and officer
5
of the County or its Board is hereby authorized and directed to execute and deliver any and
all papers and instruments and to do and cause to be done any and all acts and things
necessary or proper for carrying out the transactions contemplated by this Resolution and the
Loan Agreement.
SECTION 8. SEVERABILITY. If anyone or more of the covenants,
agreements or provisions herein contained shall be held contrary to any express provision of
law or contrary to the policy of express law, tl ough not expressly prohibited, or against
public policy, or shall for any reason whatsoever be held invalid, then such covenants,
agreements or provisions shall be null 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 hereof.
SECTION 9. REPEAL OF INCONSISTENT RESOLUTIONS. All
resolutions or parts thereof in conflict herewith are hereby superseded and repealed to the
extent of such conflict.
SECTION 10. EFFECTIVE DATE. This Resolution shall take effect
immediately upon its adoption.
DULY ADOPTED this 25th day of September, 2001.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
(SEAL)
By:
Chairman
ATTEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
County Attorney
6
SCHEDULE I
PROPOSED LOAN REPAYMENT SCHEDULE
The principal of Loan No. A-20-1 shall be repaid as follows:
September 3, 2002
September 2, 2003
September 7, 2004
September 6,2005
September 5, 2006
$ 810,000
810,000
810,000
810,000
4,880,000
Int~rest on the Loan shall be paid monthly in accordance with the terms and provisions
of the Loan Agreement. Additional Payments shall also be made in accordance with the
Loan Agreement.
EXECUTIVE SUMMARY
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 112 IN THE LAWSUIT
ENTITLED COLLIER COUNTY ~ FAITH BIBLE CHURCH OF NAPLES,
INC, ET AL, (lMMOKALEE ROAD, PROJECf NO. 69101)
OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final
Judgment as full and fmal compensation to be paid for the acquisition of the easement designated
as Parcel 112 for the Inunokalee Road project in the lawsuit entitled Collier County v. Faith
Bible Church of Naples, Inc., et a/., Case No. 99-2165-CA.
CONSIDERATIONS: On August 27, 1999, an Order of Taking was entered in Collier County
Circuit Court regarding the acquisition of easements for the Immokalee Road project (Project
No, 69101). On September 9, 1999, Collier County deposited with the Registry of the Court the
sum of $11,550.00 for Parcel 112 in accordance with the Order of Taking.
Through negotiations, the parties have reached a settlement agreement whereby the property
owner, Wallace D. Gilbert, will be fully and fairly compensated for the property interests taken
for the public purposes enumerated in the resolution of condemnation (Resolution No. 99-249).
The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as
Exhibit "1").
The Stipulated Final Judgment provides for $19,000.00 to be paid to the Respondent as full
compensation for the property rights taken as to Parcel 112, $3,844.50 to be paid to the Law
Offices of Paul A. Blucher, P.A. for attorney fees, and $6,994.74 to Wilcox Appraisal Services,
Inc. for reasonable expert costs.
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of $18,289.24 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 $18,289.24 will be made available from the
. ,) . Transportation Road Impact Fee District I Fund in the FY 02 Adopted Budget. Source of Funds
will be Impact Fees.
GROWTH MANAGEMENT IMP ACT: Consistent with the Collier County Growth
Management Plan for CIE Project No. 53.
"..~,
AGENDA ITEM 1
NO. If!.. L
SEP 2 5 2001
Pi. J
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Final Judgment;
1
") approve the expenditure of the funds as stated; and
3. direct staff to deposit the sum of $18,289.24 into the Registry of the Court.
SUBMITTED BY:
~~J-~
Heidi F. Ashton
Assistant County Attorney
REVIEWED BY: (DtL A . ~~~-
to- Lynn Thorpe, Project Manager
Transportation/ECM
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
\ ' r)
\v\ ~ \--t--G-Y-a
Mitch Riley, P.E., Sf. Project Manager
T ran s portati on/ECM
< 5-:X-h--..- /) 2/?----
Steve Miller, P.E., Director
T ran sportati on/ECM
I
/
/~ /
l/
Noryh Fede , Administrator
Trafsportation Division
J
~ tJ~. ~
DavidC. Weigel ~
County Attorney
Date:
Date:
6/2&'lor
C)- 4 - 0 ,
Date: C\. ! k f 0 \
Date: 1'1/ z;-/---- I
Date: 9/fL
/,
Date: f-/1-P1
h: Lit\EmDom\FaithBible\ExSum-PI12SFJ
2
I
AGENO/,i,Tf(1 ~
NO.
SEP 2 5 2001
Pg. .. {)...
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,
CASE NO. 99-2165 CA
Petitioner,
PAJl~: 112
vs.
FAITH BIBLE CHURCH OF NAPLES,
INC., A FLORIDA CORPORATION;
et aI.,
(.
\.
',- .
'~ u
Ll
Respondents.
STIPULATED FlNAL JUDGMENT
TInS CAUSE having come before the Court upon Joint Motion made by Petitioner and
Respondent, WALLACE D. Gll..BERT, for entry of a Stipulated Final Judgment as to parcel
112, 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, WALLACE D. Gll..BERT, and the Court being otherwise fully advised in the
premises thereot: it is thereupon
ORDERED AND ADruDGED that the Respondent, WALLACE D. Gll..BERT, has and
recovers from Petitioner, COlLIER COUNTY, FLORIDA., the sum of Nineteen Thousand and
00/100 DoDan (519,000.00) for parcel 112, as full payment for the property interest taken and
for damages resulting to the remainder, if less than the entire property was taken, and for all
other damages in connection with said parcels, it is further
ORDERED that the Law Offices of Paul A Blucher, P.A shall recover attorney fees in
the amount of Three Thousand Eight Hundred Forty Four and SO/100 Dollan (53,844.50),
and Wilcox Appraisal Services, Inc. shall recover reasonable expert costs for services in the
AGENQ"'ITEM
amount of Six Thousand Nine Hundred Ninety Four and 74/100 DoUan ($6,994 ~4)NO. lh I 1
SEP 2 5 2001
Pg. 3
ORDERED that the Petitioner shall deposit an additional Eighteen Thousand Two
Hundred Eight Nine and 24/100 DoDars ($18,289.24), subject to the approval of the Board of
County Commissioners, into the registry of this Court within 45 days from the date of the
Stipulated Final Judgment; which represents the sum of Nineteen Thousand and 001100
Dollarsas the settlement proceeds for parcel 112; Three Thousand Eight Hundred Forty Four
and SOl100 DoDan ($3,844.50) for attorney fees; and Six Thousand Nine Hundred Ninety
Four and 741100 DolI:lrs (~6,994.74) for expen fees; and it is further
ORDERED that the Clerk of this Court shall disburse the sum of Twenty Nine
Thousand Eight Hundred Thirty Nine and 24/100 DoDan ($28,839.24), less any amounts
previously paid, to the Law Offices of Paul A. Blucher, P.A Trust Account and forward same
c/o Paul A Blucher, Esquire, 434 Washington Boulevard, Second Floor, Sarasota, Florida
34236. Upon receipt, the Law Offices of Paul A. Blucher, P.A Trust Account shall distribute
said sum, in accordance with the provisions of this Stipulated Final Judgment, and it is further
ORDERED that title to parcel 112, fee simple, as being fully described in Exhibit "A"
attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of
Taking dated August 27, 1999, and the deposit of money heretofore made, is approved, ratified,
and confirmed; and it is further
ORDERED that no other fees or costs shall be awarded in this matter; and it is further
ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records
of Collier County, Florida.
DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this
day of June, 200 1.
AGENDA ITEI-
NO. Ib t.
SEP 2 5 2001
1
PI.
Circuit Court Judge
2
Conformed copies to:
Joe W. Fixe), Esquire
Heidi Ashton, Esquire
Bookkeeping
Paul A Blucher, Esquire
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
Petitioner and Respondent, WALLACE D. Gll..BERT, hereby stipulate to the foregoing
Stipulated Final Judgment as to Parcel 112.
!l!L,(q-
Florida Bar #0860409
4348. Washington Blvd. .
2nd Floor
. el, E
ar #0 192026
& MAGUIRE
211 South Gadsden Street
Tallahassee, Florida 32301
Telephone: (850) 681-1800
Facsimile (850) 681-90 17
and
Heidi Ashton, Esquire
Florida Bar #0966770
Assistant County Attorney
Collier County Attorney's Office
3301 East Tamiami Trail
Naples, Florida 34112-4902
Telephone: (941) 774-8400
Facsimile: 1) 774-0225
Dated: I: 0
Attorn for P . tiff
Sarasota, Florida 34236
Telephone: (941) 55-4019
Facsimile: ( 1) 55-4889
Date: () t:J
Attorney r Defendant
3
rF.~,--o, ITEM l-
f N;' ./.b~
SEP 2 5 2001
Pg. __ S
OFFICE OF CAPITAL PROJECTS
3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
PROJECT NO. 69101
PROJECT PARCEL NO. , , ?
XIlC\XXPARCEL NO. 41941040007
Folio
.....
LEGAL DESCRIPTION (NOT A SURVEY)
fee simple title
THE NORTH (SO') FEET OF TRACT I SO OF THE PLAT THEREOF, GOLDEN GATE
ESTATES,UNIT 97, AS RECORDED IN PLAT BOOK 7, PAGE 96 OF THE PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA.
CONTAINING O.S24 ACRE (22,8]6 SQUARE FEEl), MORE OR LESS.
PARCEL 112
AGEN~A ITEM
NO. hI- !-
SEP 2 5 2001
pg.---C
I !X~'BIT 1
.\J"'~l:" I 0 C>~ ~'t
I
~~~~ DATE #~>T
PROFESSIONAL LAND SURVEYOR 02406
OFFICE OF CM)11AL PROJECTS
cOLLlm COUN1Y GOVERNMENT COMPLEX
EXECUTIVE SUMMARY
APPROVE THE AGREED ORDER A WARDING EXPERT FEES IN THE
AMOUNT OF $20,000.00, 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 $20,000.00, with respect to Parcel 145 in the lawsuit entitled
Collier County v. Owen M Ward, Trustee, et aI., 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 g73.091, F.S.
from the condemning authority, and the parties have agreed to a reasonable fee for these
appraisal services as set forth in the attached Agreed Order (Exhibit "1 ").
The Agreed Order provides for a total of $20,000.00 to be paid to Goodlette, Coleman &
Johnson Trust Account, c/o Richard D. Yovanovich, Esquire for appraisal services with respect
to Parcel 145.
Staff has reviewed the appraisal 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.
~ISCAL IMPACT: Funds in the amount of $20,000.00 will be available in the FY 02 budget
\, from the Transportation supported Gas Tax Fund. Source of funds are Gas Taxes.
GROWTH MANAGEMENT IMP ACT: None
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Agreed Order Awarding Expert Fees
'-
2.
approve the expenditure of the funds as stated.
AGEN~ IT.EM
NO. I ~~
SEP 2 5 200f
Pg.~
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
i I I ) I
J" J c. (L : /~ '-- '---
Heidi F. Ashton, Assistant County Attorney
fJ1!Lp~~ p-~
AI Ruth, Project Manager If
TransportationlECM
\k~*~Y-~~ '_
Mitch Riley, P.E., Senior Project Manager
Transport'l,tionJECM
i
S ev~lMiller, P.E., Director
T rarispoTtaJion/EC~
'l ~ul
No E. Feder, Administrator
Tr portation Division
h:Llt\EmDomain\OwenWard-ExSum Agreed Order-ExpertFees-P 145
2
Date:
!
I ! I ' I c (
Date: {)9 -//- C; {
Date: oct/ II /0\
.
Date:
Date#-
Date: 1- /4-~ I
AGEN~A I.TE~
NO.1 L
SEP 2 ~ 2001
Pg. d
3ent by: Qoodlette,Colenlal1,&Johm,on,PA 941 43!:i 1218;
09/11/2001 a;!:i4; #270;
Page 2/3
."'.C:..J..'''.O;
W/'U'~UU' '~:~.. ..OOOd1.~~..eQ1.m.n.~onn.on,P~; N~8; Page 2
_~1l-1H'
I: :3D
J,OI-Coll t., COUftt~ AttD,n_, Ottlcl
..., 114 QUI
T-r07 p.oaZ/oaa F-3aS
':-t..
IN THE CD.lCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT
IN AND FOR COLLIER COUNTY, FLORIDA
CIVIL ACTION
.:::;..;fi~~
. : "',":".\ . .
:'0~1~
.....' ;~~:F:~
;.;~~~~
COUJF.R ~otJNTY. t"LOlUDA. a
political subdivision of the: St.a1I: of
Florida.
Case No.: 99-1291.C.A
Petitioner.
Parcel No.: 14S
vs.
.
OWEN M. WARD. TRUS"I"HJoo:undeT
that certain Declaration of Land TfUSt
dated as of June 18. 1986; Cl aI..
RCspondcuts.
-.J
AGllEI!-:D ORnEK AWARDING EXPlUlT FEES
......'~..flr;~~~
....~.,.;~.~})""..~ .
.]~:tt~~:No; .
.',' ::.:~<!~~
THIS MAlTER. haVlnl come before the Coun UPUII Joint Motion made by the
Petitioner. by and tbruuxh its Wldc:t'$igncd counsel. aDd. Respondent. OWEN M. WARD.
" . .
_.'
Individually wul u TlU$tcc. by and throUfPl his undersigned. COUDsel. and the Court having bP.r.n
rully adviacd in the prc:miacs thereof. it ;s
ORDBRlID AND ADJUDGRn ,hat Petitioner. COu.IER. COUNTY, PLORlDA. tituUl
pay a t.Ot&I of TWENTY THOlISAND aDd NOIlOO DOLLARS (Szo,ooo.OO) rOt' appraisal
senrice.~ with respect to Parcel 145. Pit)'1W':ll1t shall be. disbursed 10 GOODLETI'E, coLEMAN
6; JOHNSON TR1J5T ACCOUNT, cJo Richord. D. Yovanovic:h, !i&cJuize. Goodlt\ue. Coleman
. ','-'
"'otm5Ol1, P.A.. 4001 Tamiaml1Tail Norm. Suite 300. Naples, Plorida 34103; MDd ...:~.
"'I".~'. .
. ..,~
IT 1.S PURnIBIt ORDmteD AND ADJUDOED !bat this A#CCd Order is ;ubjec:t: ,;o,::.j~l'
.::'~~~;i~ I
.. .:~.:'~~:~~~
approval by the Colli<< CuWILY Board. of County CommiHionon.
;.:.::.~. ..'. ......."
," .',::..
. . ~.'-
""- -.'
1.
AGEN9~ ITEM. .,. '-
No,., -C L. ,.;t
SEP 2 5 2001
Pg, 3
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... rrw"~~f_"'_l...~__..."', , ,...Ilooo--........... ...-..
3ent ~y; ~o?dletteJColeman,&JOI'I1S011IPA 941 43~ 1218j
09/11/2001 8;~~j #270j
Page 3/3
fII_\,.:......;...u;
.,to/4UU' ,~:o~; .~uooa~.~T..C01.m.n.~onn.on.PA. ..8. Page 3
OG-1D-Dl
I r,20
J:,o....collllr Count, Attorn... Ottin
1141 TT ~ aZ25
T-101 P.OD3/DD3 F-3D3
".'~;....
'''"',
..,
DONE AND ORDERED in Noaples. Collier Ccnmty, Plori~ this
day of'
....;::#
. .~~'~~~':.~!
"~l~_
..; ~", .
-.", :..~
.2UOl.
CIRCT.TIT COTTRT JUDGE
Conformed copjes to:
Heidi F. Ashton. Esquire
lUch~ D. YovlIIlovich, Esquil"C
Joe W. FiJLel, Esquire
William H. Reeve, m. MAl, SRA
Bookkeeping
JOINT MUTION FOR AGREED ORDER A W ABDING EXPERT FEES : .:\
.:.;,;~
The Patties hereby respectfully n:qur:.sL this Court to enter the foregoing Agreed Order for ...::~~~;:~
'.'.~i;~J!~
&pen Pec~. ...... :':<;;:11~~
'Dated: c;'llu 101
Dated:
CI In J 0 /
.
....,. '-.:~.-'
,-{L~__~A""b. (~)_
Richard D. Yovanovicti Esquil;=
: Florida Bill" Nu. 0782599
OOODLE"I7E, COI..EMA.~ & 10HNSON
4001 Tamiami Trail North, Suite 300
. Naples. Florida 34103
(941) 43S~353S - Te1ephonr.
(941) 435-17.1 K - t"acsmrile
~nomey for Respondent
. I ' J d
~~ l u.;~' .. /. 'L ~---=-
Heidi F. Ashton. Esquire
Florida BAr' No. 0966770
COUNrY A.Tl'ORNEY~S OFFICE
Hannon Tnmer Huildinl
330 I Ea.llt Tamiami Trail
Naples. Florida 34112
(941) 774-8400. PhOllC
(941) 774-0225 - Facsimile
Attomcy for Petitioner
....".
':\:;i;I'::~'~'?;;;
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2
AGENQA ITEM '""L.
NO. L/'~ a-
SEP 2 5 2001
Pg. ~
~;':-;::;=-..=t:'f'~':'''?:'''i~~~~;,:::.~r~'3''''f~....,::z..V/;lr,::::or,r...''i:-ir."_i';''''~'''''''';;''''''''' .-...........'l",,...\'.......,,
-.^--~t. 1...__....,.................__... ,
t
I
II.-
EXECUTIVE SUMMARY
APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE
EASEMENT ACQUISITION OF PARCEL 250/250T IN THE LAWSUIT
ENTITLED COLLIER COUNTY Jt: JUAN C. ZAMARRIPA, 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 250/250T for the Golden Gate Boulevard project in the lawsuit entitled Collier County
v. Juan C. Zamarripa, et al., Case No. 00-1978-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 $1300.00 for Parcel 250/250T in accordance with the Order of Taking.
Through negotiations, the parties have reached a settlement agreement whereby the property
owners, Juan C. Zamarripa, Ana L. Flores, Guillermo Flores and San Juana Flores, will be fully
and fairly compensated for the property interests taken for the public purposes enumerated in the
resolution of condemnation (Resolution No. 99-287). The terms of the settlement agreement are
set out in the Stipulated Final Judgment (attached as Exhibit "1 ").
The Stipulated Final Judgment provides for $1500.00 to be paid to the Respondents as full
compensation for the property rights taken as to Parcel 250/250T.
The Stipulated Final Judgment provides that Collier County shall deposit the additional amount
of $200.00 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: Funds in the amount of $200.00 will be available in the FY 02 budget
\IJ from the Transportation Gas Tax Supported Fund. Source of funds are Gas Taxes,
GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth
Management Plan for CIE Project No. 53,
,...-....
AGENDA 'TEts1
NO. j!1. '--a
SEP 2 5 2001
Pg. 1:.
1
RECOMMENDATION: That the Board of County Commissioners:
1. approve the Stipulated Final Judgment;
2. approve the expenditure of the funds as stated; and
3. direct staff to deposit the sum of $200.00 into the Registry of the Court.
SUBMITTED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
APPROVED BY:
J2~cthL 40-
Assistant County Attorney
~~
A N. Korti, Project Manager
TransportationlECM
:)7rc ~ L- 14Z~' Fr
Mitch Riley, P.E., Sr. Project Manager
Transportation/ECM
)-:Z<(/I~ L-. 1/1~~
~7fJ. t i:f~
David C. Weige1
County Attorney
,..~
h: LifE mDom'Zamarripa\ExS u m-S F.I-:' 0: 50 T
2
Date: Of /1'-//0 r
~ ,
Date: ~ /3/0/
Date:
Date:
Date:
&J (1"':$ /~ I
c.r!l~/c.l
d;:
I
Date: ,,/ttf 1-"
AGENDf ITEM~
NO. I cz L- d
SEP 2 5 2001
Pg. :l.
" ,'~ -:,.- ~- 1'......,,_. -, r -
'.J ,- ,- "'_': ',,-,-, - ;;--:-
IN THE CIRCUIT COURT OF THE lWENTIETH JUDICIAL ClJiCUIT ,~;r[i::r,~='/
IN AND FOR COLLIER COUNTY, FLORIDA
CIVll.. ACTION
7 '" ~: :.~.-
: J r::: i ~,-: C '",
COLLIER COUNTY, FLORIDA. a
political subdivision of the State of Florida,
Petitioner
CASE NO.: 00-1978-CA
v.
PARCELS: 250 & 250T
JUAN C. ZAMARRIPA. et aI.,
Respondent. I
STIPULATED FINAL JUDGMENT
TIllS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and
through its undersigned counsel, and Respondents, JUAN C. ZAMARRIPA. ANA L. FLORES,
GUTI..LERMO FLORES, and SAN JUANA FLORES, for entry of a Stipulated Final Judgment as to
Parcel Nos. 250 and 250T, 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 Respondents, JUAN C. ZAMARRIPA. ANA L. FLORES, GUILLERMO FLORES, and SAN
JUANA FLORES, and the Court being otherwise fully advised in the premises thereof, it is thereupon
ORDERED AND ADJUDGED that Respondents, JUAN C. ZAMARRIPA. ANA L. FLORES,
GUll.LERMO FLORES, and SAN JUANA FLORES, have and recover from Petitioner, COLLIER
COUNTY, FLORIDA., the sum of One Thousand Five Hundred and No/IOO Dollan ($1,500.00)
for Parcel Nos. 250 and 250T 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 attorney fees or other costs shall be awarded in connection with the above
cause of action as it relates to Parcel Nos. 250 and 250T; and it is further
AGENDA ITEM
NO. If, L 3
SEP 2 5 2001
Pg. .3
I
ORDERED that Petitioner shall deposit an additional Two Hundred and No/tOO Dollars
($200.00) 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 the Clerk shall disburse the remaining amount of Two Hundred and No/loo
Dollars ($200.00) to Respondents, JUAN e. ZAMARRIPA, ANA L. FLORES, GUlILERMO FLORES,
and SAN JUANA FLORES, 1480 Golden Gate Blvd. West, Naples, FL 34120 because Thirteen
Hundred Dollars and No/loo ($1300.00) was previously disbursed to Respondent, HOMESIDE
LENDING, INe.; it is further
ORDERED that title to Parcel No. 250, road right-of-way, sidewalk, drainage, utility and
maintenance easement, and Parcel No. 250T, temporary driveway restoration easement, being fully
described in Exhibit "A" attached hereto and incorporated herein, 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, Pages 0983 to 0987, of the Public Records of Collier County, Florida be dismissed as
to Parcel Nos. 250 and 250T; it is therefor
DONE A..:.'ID ORDERED in Chambers at Naples, Collier County, Florida, this
day
of
, 2001.
CIRCUIT COURT JUDGE
Conformed copies to:
Heidi F. Ashton, Assistant County Attorney
Juan C. Zamarripa, Ana L. Flores, Guillermo Flores, San Juana Flores
Alan C. Parrish, Esq.
Collier County Tax Collector
Bookkeeping
AGENQA ITEM
NO.lb.'t-3
SEP 2 5 2001
Pg. Jt
2
JOINT MOTION FOR STIPULATED FINAL JUDGMENT
The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated
Final Judgment.
Dated: tlug. 6/, ;Jtr);
= c. .
ANC.~A-
~
GUlLLE~O-FLO~S ~
Dated ~ 6~ ...ll(?/
~~-/~
SAN JUANA FLORES
3 .
Dated: c:; / If /61
t:Ld( / it '- ~
HEIDI F. ASHTON, ESQUIRE
Florida Bar No. 0966770
Assistant County Attorney
3301 East Tamiami Trail, 8th Floor
Naples, Florida 34112
(941) 774-8400 - Phone
(941) 774-0225 - Facsimile
Attorney for Petitioner
A~pA ITEM
NO. /.b. L.. 3
SEP 2 5 2001
....-'"
Pg. ~
J I
'OFFICE OF CAPITAL PROJECTS
3301 EASTTAMIAMI TRAIL NAPLES, FLORIDA-'l:34112
(941) 77 4-/3192
v
SKETCH OF DE:3CRIPTION
(NOT A SUR\'EY)
PROJECT NO. 630
PROJECT PARCEL NO, 250
Fot...:ro :t:t:: '3'0 II ~1
~.1
EXHIOJT "A"
(100' n.ow.)
GOLDEN GATE 80ULEVARD
NOn II 1 pnOl'EnTY L~IE
--------__ ---T-----~ I~~~:- :~:~_- L_____ .__C_~XIS~~'~IGtIT OF WAY LINE
"'oorno,," .",",O'W^, -1------ j---- - - - - - - - - - - - - - - - - - ,
DflAIIMGE, SIDEWALK, UTILITY, /
So MAINTENANCE EASEMENT
~
III
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o 60 160
I
aoo
TRACT 10
,
WEsr 'nOprrTYlI~JE -_
- EAST 'ROPERT ( LII E
/
/
30'
AGENDA fTE~
NO. I~ I-
20m
DESCRIPTION:
n~._ "
t:;,..-.
THE SOUTH 25 FEET OF THE NORTIi 711 FEET OFTHE EAST
75 rEET OF TilE WEST 100 FEET OF TRACT 18,
GOLDEIl GAlE ESTATES UNIT NO. 9AS RECOnDED
III f>lJIT 0001< 4, PAGE 99, OF TflE PUDLIC RECORDS
". . ::::~:[!l COUl,lY, FLORIDA.
1'""", U/'l-,~l!.#,
George R]{;~'I~~~ond P.L.S, IIN06
11Iblic Works Engineering Ocp!.
: )01 Tamiami Trail Easl
i larlcs. FL 34112
on"v,'ti uy
j"EC/(ED or
I SCJoJ. E
I" . 100'
IllATE I f1.E NO.
JULY 20, 1996 ""ROO"
,..." ,~-- . --
,11',.11
.'......'::,
Project:
Parcel:
Folio:
VI:
j, .,'~ '~ . .".,
:~.I~i.~,~~:~l!rf1.~~~i~~.JI! 'i:....~~:.t clJt~~."1 ";~:;'_ ~!~.~~..~ .~.~._._ ..1. I
Golden Gate Boulevard
250T
37011280002
EXHIBIT "A"
TEMPORARY DRIVEWAY RESTORATION EASEMENT
(NOT A SURVEY)
,/
The East 30 feel of the Wesl 50 feel of the South 35 feet of the North 110 feet of
the East 75 feet of the West 180 feet of Tract 18, Golden Gate Estates Unit No.
9, as recorded in Plat Book 4, Page 99, of the Public Records of Collier County,
Florida. .
// /
/
AGENDA ITEM--
NO. 16 L.:::2
S~p 2 5 2001
p,: '1
':7i'"- -
.
ft
i
1
"'--
p"P".'" .... ......?;t.b.
George chmond P.L.S. 1240t
Public Works Engineering Depl.
.,.,,,, 'Y".._li.._; ""'_111:....
EXECUTIVE SUMMARY
RECOMMENDA TION TO APPROVE A BUDGET AMENDMENT IN
THE AMOUNT OF NO MORE THAN $13,756.45 FOR OUTSIDE
COUNSEL AND PROFESSIONAL SERVICES INCLUDING EXPERT
WITNESS FEES FOR SERVICES RENDERED IN CONCLUDING THE
COUNTY'S LITIGA TION RELATING TO THE 1995-96 BEACH
RESTORA TION PROJECT IN THE LAWSUIT STYLED BOARD OF
COUNTY COMMISSIONERS OF COLLIER COUNTY v. COASTAL
ENGINEERING CONSULTANTS, INC., etal., CASE NO. 00-I901-CA.
OBJECTIVE: For the Board of County Commissioners to approve a budget amendment in the amount
of no more than $13,756.45 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
$100,000.00 for services rendered (including expert witness fees) of Siegfried, Rivera, Lerner, De La
Torre & Sobel, Esquires (leaving a balance of $20,756.45), for which the County has negotiated an
agreement with Attorney Steven Siegfried, for the firm to reduce the balance by $7,000.00 leaving a
final balance due and owing of $13,756.45. There were current outstanding bills for services rendered
through the conclusion of this matter of $20,756.45, including mediation and final Board approval of
settlement. These expenditures 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. It is appropriate and
necessary for the Board of County Commissioners to approve a budget amendment of $13,756.45 to
payoff the agreed balance under the prompt payment act.
FISCAL IMPACT: $13,756.45 from General Fund Reserves to the County Attorney Office Budget
for outside counsel and related costs.
GROWTH MANAGEMENT: Not applicable.
RECOMMENDA TION: That the Board of County Commissioners approve a $13,756.45 maximum
budget amendment for outside counsel and expenditures 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.
,,-
V" .
SUBMITTED BY: - ,lUt'v~ '\.
illiam E. Mountford
Assistant County At~rney
I I .
APPROVED BY: ~~L~U~
David C. Weigel
County Attorney
DATE: ~q/ 1'1/11
DATE:
No. I f. \ J~A
~ <,;;;:;4--
SEP 2 5 iOOl
Pg. l
=
H:\Public\Litigation\Open Cases\CC" Coastal Engineering\EXECUTIVE SUMMARY-Budget Amendment 2.d
EXECUTIVE SUMMARY
ORDINANCE AMENDING COLLIER COUNTY ORDINANCE NO. 86-72, WHICH
CREATED THE SABAL PALM ROAD EXTENSION MUNICIPAL SERVICE TAXING
AND BENEFIT UNIT; PROVIDING FOR INCLUSION IN THE CODE OF LAWS AND
ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING
AN EFFECTNE DATE,
OBJECTIVE: That the Board consider adopting the attached Ordinance amending Ordinance
No. 86-72, to remove an apparent ambiguity concerning the use of tax funds for the benefit of
residents within the Municipal Service Taxing and Benefit Unit (MSTBU) boundaries.
CONSIDERA TIONS: When the Sabal Palm Road MSTBU was initially created, Ordinance
No. 86-72 was reasonably clear as to what was being established: "., . for the purpose of
providing a preliminary engineering study for the design, construction, and financing of roadway
improvements... ."
Since the creation of the district, there have been expenditures authorized for maintenance
activities as well as for the engineering study set forth in Ordinance No. 86-72. The County
Attorney's Office has opined that it would be in the best interest of the MSTBU to amend
Ordinance No. 86-72 to clarify that maintenance activity on Sabal Palm Road Extension is an
acceptable and allowable use for the tax funds collected within the MSTBU boundaries. To this
end, staff has prepared the attached Ordinance, which amends Ordinance No. 86-72.
~'FISCAL IMPACT: The Sabal Palm Road MSTBU Fund (151) has not levied a millage for FY
'- 2001. There is currently $19,600 in Fund Reserves. Historically, maintenance activities, such as
road grading, have cost approximately $5,000 to $9,000 annually.
GROWTH MANAGEMENT IMP ACT: None
RECOMMENDATION: That the Board adopt the attached Ordinance, which amends
Ordinance No. 86-72, and approve any budget ame I ments necessary to move funds from
Reserves to Operating for maintenance activities.
APPROVED BY:
DATE: 8/23/01
DAT~/)/
DATE:~
REVIEWED BY:
I
\l f:r
No~~~
SEP ff 2001
I
,.....,
Pg.
ORDL1'~ANCE NO. 200 I
AN ORDINANCE AMENDLl\JG ORDIl\A:\CE NO. 86-72, WHICH
CREATED THE SABAL PALM ROAD EXTE:\'SIOl" MUJ\lCIPAL
SERVICE TAXING AND BENEFIT UNIT: PRO\'ID[~G FOR INCLCSIOr\
IN THE CODE OF LAWS AND' ORDI!,>;ANCES: PROVIDING FOR
CONFLICf AND SEVERABILITY; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS. on April 8, 1986, the of Board of County Commissioners accepted a
petition from property owners to create the Sabal Palm Road Extension Paving Assessment
District; and
WHEREAS, the Board of County Commissioners enacted Ordinance 86-72 on October
28, 1986 creating the Sabal Palm Road Extension MuniCIpal Service Taxing and Benefit Unit:
and
WHEREAS, that enabling ordinance did not prOVIde for ongomg maintenance activities
of Sabal Palm Road Extension: and
WHEREAS, the Board of County Commissioners hereby desires to amend Ordinance
No. 86-72 to provide for ongoing maintenance of Sabal Palm Road Extension.
NOW, THEREFORE BE IT ORDAI;-..'CD BY THE BOARD OF COCl\TY
COMMISSIONERS OF COLLIER COUNTY. FLORIDA THAT:
SECTlON ONE: AMENDMENT TO SECTIO:\' O!l.'E OF ORDIl'ANCE NO. 86-72.
Section 1: Creation. Boundaries. Purposes.
The Sabal Palm Road Extension Municipal SerVIce Taxing and Benefit Unit (the "Unit") IS
hereby created, with boundaries described as follows:
ALL LANDS IN SECTIONS 24. 25 A:-;1) 36. TOW~SHIP 50 SOCTH
RANGE 26 EAST. COLLIER COUJ\"TY, FLORIDA
and
ALL LANDS IN SECTIONS 15, 16. 17, 18. 19.20,21,22,23,26,27.28,29,
30, 31. 32. 33. 34, AND 35, TOWNSHIP 50 SOUTH. R,Au'lGE 27 EAST.
COLLIER COUNTY, FLORIDA
The Unit hereby created and established is for the purpose of providing a preliminary
engineering study for the design, construction, and financing of roadway improvements within
the Unit and to provide for maintenance of the existing Saba] Palm Road Extension and to do all
things reasonably necessary in connectIOn therewith and for the purpose of exercising those
pClwers authonzed t'l\ Florida Statutes. Chapter 125. and other applicable laws.
1
Word, struek tRfEl1:l;;A are deleted: words underlined
~~'l/4-
SEP rr2001
e added.
~
Pg.
SECTIOl\' TWO: INCLUSION IN THE CODE OF LA WS AND ORDINANCES.
The provisions of this Ordinance shall become and be made a pan of the Code of Laws and
Ordinances of Collier County. Florida. The sectIons of the Ordmance may be renumbered or
relettered to accomplish such. and the word "ordinance" may be changed to "section". "article",
or any other appropnale word.
SECTION THREE: CONFLICT AND SEVERABILITY,
In Ihe event this Ordinance conflicts with any other ordinance of Collier County or other
applicable law. the more restrictive shall apply. If any phrase or ponion of this Ordinance IS held
invalid or unconstitutional by any court of competent ]unsdiclion. such portion shall be deemed a
separate, distinct, and mdependent provision and such holding shall not affect the validity of the
remaining portion.
SECTION FOUR: EFFECTIVE DATE.
This Ordinance shall become effeclive upon filing with the Department of State.
PASSED AND DULY ADOPTED by the Board of County CommisslOners of Collier
County. Florida. thiS
day of
.2001.
A TrEST:
DWIGHT E. BROCK. CierI-
BOARD OF COU:\'TY COMMISSJO~ERS
OF COLLIER COGNTY. FLORIDA
Bv:
JAMES D. CARTER. Ph.D.. Chamnan
Approved as to fonn and legal
sufficienc\':
rl1~" } ~
Heidi F. Ashton
Assistant County Attorney
AG~.rrE~t~
No.~
~~
SEP U 2001
~/
\'ltr
Pg.
I
2
Words struek lhFOugll are deleted: words underlined are added.
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EXECUTIVE SUMMARY
TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR
2000-01 ADOPTED BUDGET.
OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and
the related amendments which amend the Fiscal Year 2000-01 adopted budget in accordance
with Section 129.06, Florida Statutes.
CONSIDERATIONS: Section 129.06, Florida Statutes defines how an annual budget, as
adopted by the Board, can be amended. Budget amendments that increase the total
appropriations of a fund over the adopted annual budget may be approved by resolution of the
Board of County Commissioners after an advertised public hearing. Budget amendments
requiring such approval include the appropriation of carry forward, interfund transfers, and
supplemental revenue.
This is a public hearing to amend the budget for Fiscal Year 2000-01. Each of these budget
amendments has been reviewed and approved by the Board of County Commissioners via
separate Executive Summaries.
The attached resolution and the summary of the resolution have been advertised and have been
available for public review and inspection with the related budget amendments and executive
summary at the Office of Management and Budget. The amendments and summary are
included herein by reference in the resolution,
FISCAL IMPACT: The amendments and executive summaries, which were previously
considered and approved by the Board, contained their respective fiscal impact statements.
GROWTH MANAGEMENT IMP ACT: There is no Growth Management Impact
associated with this Executive Summary.
RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal
Year 2000-01 adopted budget.
Prepared by: ~ :;:-~
Michael Smykowski, OMB Director
Date:
7-( f--D /
Approved By: i~~
Thomas W. Olliff, Coun anager
Date:-9.. \~.lY1
,-
AGENDA ITEM
No. -I~6 ur
(l f:>
SEP 25 2001
Pg. I
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 2000-01 ADOPTED BUDGET
All interested parties are invited to attend a public hearing on this matter to be held on September 25,
2001, at 9:00 AM or soon thereafter, in the County Commissioners' Boardroom, 3rd Floor, W.
Harmon Turner Building (Building F), Collier County Government Center, 3301 Tamiami Trail East,
Naples, Florida.
A :opy of the proposed Budget Amendment Resolutions and background material will be available
for public inspection on weekdays between 8 :00 AM and 5 :00 PM at the Office of Management and
Budget, 2nd Floor, Administration Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Dwight E. Brock, Clerk
Board of County Commissioners
Collier County Florida
James D. Carter, Ph.D., Chairman
Budget
Amend.
No.
Fund
No.
Fund Title
Change
Amount
Fund
Total
01-002 III MSTD General Fund $500 $22,459,687
PURPOSE: To appropriate interfund transfer
to fund postage for "Planning For
Tomorrow: A Smart Growth Symposium".
01-012 301 Facilities Management crp $1,642,617 $10,337,268
PURPOSE: To appropriate carryforward
and loan proceeds for capital projects not
completed in FYOO.
01-016 301 Facilities Management crp $108,000 $10,445,268
PURPOSE: To appropriate General Fund
transfer for the repair and relocation
of ice storage tanks.
01-040 301 Facilities Management crp $88,000 $10,533,268
PURPOSE: To appropriate transfer from
the General Fund for miscellaneous
capital projects. AGENDA ITEM
No. If;. G-~
\'\6
SEP 2 5 2001
Pg. .;;.
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-049 001 General Fund $6,000 $160,162,181
PURPOSE: To appropriate MSTD General
Fund transfer to fund the "County Highlights"
television series.
01-060 198 Museum $20,000 $779,476
PURPOSE: To appropriate interfund transfer
to demolish and remove the ice house.
01-063 126 Metro Planning/MPO $155,000 $4,294,562
PURPOSE: To appropriate funds for
start-up operations for Public Transportation.
01-065 301 Facilities Management CIP $339,771 $10,873,039
PURPOSE: To appropriate interfund
transfer to complete the Golden Gate
Government Services building and the Sheriff's
capital building improvements.
01-073 101 Road and Bridge $17,000 $10,712,800
PURPOSE: To appropriate transfer to
establish Transportation Administration budget.
01-096 521 Fleet Management $109,800 $2,788,100
PURPOSE: To recognize reserve for
maintenance of Public Transit System buses
and vans.
01-100 198 Museum $7,000 $786,476
PURPOSE: To appropriate Tourist Development
reserve to reimburse Friends of the Museum
for demolition removal of ice house.
01-106 111 MSTD General Fund $433,544 $22,893,231
PURPOSE: To recognize additional Cable T.V.
revenue.
01-107 320 Clam Bay Restoration $57,000 $675,626
PURPOSE: To appropriate interfund
transfer for Clam Bay cattail removal.
01-109 114 Pollution Control & Prevention $60,000 $2,015,392
PURPOSE: To appropriate revenue from a AGENDA ITE~
water sampling contract. No. J:-'u
\l~
5 EP 2 5 001
Pg. ,3
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-110 160 Bayshore Beautification $150,948 $1,793,268
PURPOSE: To appropriate carryforward
from unspent FY 00 funds to complete
construction phase of this project.
01-123 355 Library Impact Fee $1,140,600 $10,665,172
PURPOSE: To appropriate loan proceeds
for construction of the North Regional Library.
01-124 299 5% Commercial Paper Loan $63,100 $5,016,700
PURPOSE: To recognize transfer to fund debt
service on a library construction loan.
01-125 101 Transportation Road & Bridge $638,269 $11 ,351 ,069
PURPOSE: To appropriate carryfoward
revenue into contingency reserves.
01-138 187 Bayshore/Gateway Triangle Redevelopment $121,025 $121,025
PURPOSE: To recognize tax increment
revenues.
01-139 186 Immokalee Redevelopment $33,335 $33,335
PURPOSE: To recognize tax increment
revenues.
01-182 160 Bayshore Beautification $54,200 $1,847,468
PURPOSE: To appropriate reimbursement
of internal project overhead expenses.
01-191 192 Public Guardianship Program $45,315 $106,215
PURPOSE: To appropriate funds to comply
with revised program guidelines.
01-230 001 General Fund $3,200 $160,665,381
PURPOSE: To appropriate revenue from copy
sales to pay for lease of a color printer.
01-233 040 Sheriff $164,100 $69,132,900
PURPOSE: To appropriate General Fund
transfer to pay for medical expenses incurred
by an inmate,
,-
AGEt\:OA ITE~ b(
No. (I;
SEP 2 5 2001
~ Fg._:i
...~....._.~.....'-,..._~
,. "-"--.._._--,---~" ""
--'------
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-241 001 General Fund $10,500 $160,675,881
PURPOSE: To appropriate reserves and
camp fee revenues to pay for 2 two-week
Park Rangers for summer camps.
01- 244 001 General Fund $16,200 $160,692,081
PURPOSE: fo appropriate funds from
the surplus computer sale.
01-245 118 Emergency Management Grants $35,100 $286,805
PURPOSE: To appropriate carryforward
for disaster preparedness programs.
01- 248 001 General Fund $3,000 $160,695,081
PURPOSE: To appropriate Reserve for
Contingencies boat launch fees to install
meters and token machines at boat launch
facilities.
01-252 497 Airport Commercial Paper $639,000 $639,000
PURPOSE: To transfer funds to establish
separate accounting for Incubator Support
facility project.
01-254 001 General Fund $8,000 $160,703,081
PURPOSE: To appropriate transfer to pay
for 2 replacement digital decks for broadcasting
Channel 54 programs.
01-275 III MSTD General Fund $26,500 $22,919,731
PURPOSE: To appropriate revenues for
summer camp program at Corkscrew Elementary
School.
01-285 001 General Fund $25,300 $160,728,381
PURPOSE: To appropriate transfer to fund new
position associated with Channel 54 programming.
01-303 040 Sheriff $167,200 $69,300,100
PURPOSE: To appropriate transfer from
General Fund for building improvements.
AGENDA ITEM
l~6 ~/(~
SEP 25 2001
Pg. b-
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01- 306 368 Community Park Impact Fees $180,000 $4,492,249
PURPOSE: To appropriate investment interest
and carryforward to complete the Max Hasse
Community Center project.
01-315 136 Golden Gate Beautification $39,487 $513,518
PURPOSE: To appropriate carryforward to
continue improvements on Tropicana Blvd.
01-336 516 Property and Casualty Insurance $250,000 $4,259,800
PURPOSE: To appropriate reserves and
reinsurance reimbursement to pay claims.
01-338 301 Facilities Management CIP $290,000 $11,163,039
PURPOSE: To appropriate General Fund
transfer for replacement of security and card
access systems.
01-340 126 Metro Planning MPO $62,000 $4,356,562
PIJRPOSE: To appropriate General Fund
transfer due to increased CAT System bus trips.
01-343 111 MSTD General Fund $1,714,500 $24,634,231
PURPOSE: To appropriate carryforward for
median landscaping projects.
01-344 313 Roads eIP $35,000 $100,183,407
PURPOSE: To appropriate transfer from
MSTD General Fund (111) for roadway
resurfacing.
01-347
108
Pollution Control & Prevention $5,700
PURPOSE: To return interest earnings to the
the State of Florida as per contract requirements,
$813,341
01-361
521
Fleet Management
PURPOSE: To appropriate revenues for
unanticipated fuel and parts expenditures.
$400,000
$3,188,100
01-376
001
General Fund $1,262
PURPOSE: To appropriate copy sales revenue
to (0\ C1' the cost of installing cable in the Public
Infonnation offices.
$160,729,643
AGENDA ITEM
No. .-I' e, ~
("\6
SEP 2 5 2001
Pg. '"
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-379 301 Facilities Management CIP S70,000 $11,233,039
PURPOSE: To appropriate General Fund
transfer for building renovations due to
department relocations,
01-398 301 Facilities Management CIP $50,000 $11,283,039
PURPOSE: To appropriate transfer from
General Fund for repair of County l.-1useum
buildings.
01-417 001 General Fund $96,120 $160,825,763
PURPOSE: To appropriate reimbursement
from Department of Community Affairs to
reimburse responders and vendors.
01-419 490 EMS $57,941 $11,696,151
PURPOSE: To appropriate carryforward for
FY 00 motor pool expenses.
01-422 320 Clam Bay Restoration $36,150 $711,776
PURPOSE: To appropriate tourist tax revenue
transfer design and preparation of Clam Pass
dredging.
01-427 115 Sheriff's Grants $13,391 $1,810,574
PURPOSE: To appropriate matching funds
associated with a Department of Justice Drug
Enforcement Grant.
01-429 115 Sheriff's Grants $19,320 $1,829,894
PURPOSE: To appropriate interfund transfer
for VOCA.
01-430 115 Sheriff's Grants $59,848 $1,889,742
PURPOSE: To appropriate matching funds
associated with Department of Justice Drug
Enforcement Grant.
01-431 602 Confiscated Trust $20,504 $184,385
PURPOSE: To recognize carryforward for
transfer to Sheriff's Grant Fund.
AGEND~ 1TlM+
No. <T~ I
\Ig
SEP 25 001
Pg. 7
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-435 299 Commercial Paper Debt $41,000 $5,057,700
PURPOSE: To appropriate General Fund
transfer to finance purchase of Horseshoe Drive
commercial building.
01-436 001 General Fund $442,306 $160,825,763
PURPOSE: To recognize transfer from
Fund (301) for improvements and interim debt
on the Horseshoe Drive commercial building.
01-437 040 Sheriff $432,800 $69,732,900
PURPOSE: To recognize transfer from General
Fund for improvements to Horseshoe Drive
commercial building.
01-438 301 Facilities Management CIP $5,000,000 $16,283,039
PURPOSE: Appropriation of Board approved
Commercial Paper Loan to purchase building on
Horseshoe Drive.
01-444 299 Commercial Paper Debt $26,900 $5,084,600
PURPOSE: To appropriate interfund transfer
for Phase II of Agriculture Pavilion,
01-445 315 Fair Board Agriculture Pavilion $585,655 $585.655
PURPOSE: Appropriation of Board approved
use of carryforward from commercial paper
loan.
01-450
517
Group Health and Life $1,800,000
PURPOSE: Appropriate premium revenue
for operating expenses and claims.
01-464
113
Community Development $15,700
PURPOSE: Appropriate reimbursements
for impact fee collection from EMS for data
processing equipment and operating expenses,
01-480
191
SHIP $1,570,426
PURPOSE: To appropriate carryforward for
FY 02 SHIP Program allocation.
$9,847,900
$26,859,636
$4,242,389
AGENDA ITEM
No. /. ~
(1
SEP 2 5 2001
Pg._ f
'--
Budget
Amend. Fund Change Fund
No. No. Fund Title Amount Total
01-485 496 Airport Capital $250,000 $10,756,260
PURPOSE: To appropriate transfer from
gas tax to complete CR-846 widening.
01-490 138 Naples Production Park $21,500 $29,200
PURPOSE: To appropriate interfund transfer
for payment of judgment on a parcel in the
Naples Production Park.
01-504 040 Sheriff $800,000 $70,532,900
PURPOSE: To appropriate General Fund
reserves for unanticipated overtime expenses.
AGENDA.. ITEM ~
No. ~ iC, C,
-15
st~ 2 5 20~01
Pg._-2__
....- --..~
I
2
3
4
5
6
RESOLUTION NO. Ol-BAR-
A RESOLUTION PURSUANT TO SECTION 129.06(2),
FLORIDA STATUTES, TO AMEND THE BUDGET
FOR THE 2000/01 FISCAL YEAR.
7
WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also
8
referred to as "Board") at any time within a fiscal year may amend a budget for that year, and provides the procedures
9
therefor; and
10
WHEREAS, the Board of County Commissionln of Collier County, Florida, bas received copies of budget
11
amendments which provide for but lire not Iimitod to: anticipldcd ClUT)' forward, unanticipated revenue, andi IIr receipts of a
12
nature from a source not anticipated in the budget and received for a particular purpose; appropriations for expenditures in
13
particular funds that should be decreased and other appropriations in the same fund that should be correspondingly
14
increased; appropriations from the reserve for contingencies; appropriations from the reserve for future construction and
15
improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and
16
WHEREAS, the Board bas determined that it is appropriate to amend the Budget for Fiscal Year 2000/01 by
17
resolution pursuant to Section 129,06, Florida Statutes.
18
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER
19
COUNTY, FLORIDA, that the budget amendments to the FY 2000/01 Budget described below are approved and hereby
20
adopted and the FY 2000/01 Budget is so amended.
21
22
23
24
25
26
27
28
INCREASE
(DECREASE)
CARRY
FORWARD
OR
INTERFUND
TRANSFERS
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDITURE
INCREASE
INCREASE (DECREASE)
(DECREASE) INTERFUND
RESERVES TRANSFERS
FUND
BUDGET
AMENDMENT
NUMBERS
29
30
III 01-002 $500
301 01-012 $590,627
301 01-016 S108,OOO
301 01-040 $88,000
001 01-049 $6,000
198 01-060 S20,000
126 01-063 S155,000
301 01-065 $339,771
101 01-073 S17,OOO
52] 01-096
198 01-100 $7,000
III 01-106
320 01-107 $57,000
114 01.109 $60,000
160 01-110 $150,948
355 OJ.]23
S500
31
1,052,000
$1,642,617
32
$108,000
33
$88.000
34
S6,000
35
$20,000
36
$155,000
37
S339.771
S]7,000
38
AGENDA ITEM
No._ -J' G,' ~-
$ 1,804 SE~~ 2001
39
$109,800
$109,800
40
S7,OOO
4]
$433,544
$251,740
42
$107,000
($ ,000)
i Pg-. 1=---
43
$60,000
44
$150,948
45
$],140,600
$1.140,600
(S63,100)
$63.100
1
2
3
4
5
6
7
FUND
8
9 299
10 10]
11 187
12 186
]3 160
14
192
15 001
16 040
17 001
]8 001
]9 118
20 001
21 497
22 001
23
11]
24 001
25 040
26 368
27 136
28 516
29 30]
30 126
31
III
32 313
33 108
34 521
35 001
36 301
37 301
38 001
39 490
40 320
41
115
42
191
BUDGET
AMENDMENT
NUMBERS
01-124
0]-125
01-138
01-139
0]-182
01-191
01-230
01-233
01-241
01-244
01-245
01-248
01-252
01-254
01-275
01-285
0]-303
01-306
01-315
01-336
01-338
01-340
01-343
01-344
01-347
01-361
01-376
01-379
0]-398
01-417
01-419
01-422
01-427
01-480
INCREASE
(DECREASE)
CARRY
FORWARD
OR
INTERFUND
TRANSFERS
$63,100
$638,269
$121,025
$33,335
S54,2oo
S12,268
SI64,]OO
$35,100
$639.000
$8,000
$25,300
$167,200
$114,000
S39,487
S290,000
$62,000
S],714,500
S35,000
S70,000
S50,000
$57,941
$36.150
S3,328
$39.287
INCREASE
(DECREASE)
RECEIPT
$33,047
$3,200
$10,500
$16,200
S3,000
$26,500
S66,000
S250,000
$5,700
$400,000
SI,262
S96,120
S10,063
$1,531.139
- 2 -
INCREASE
(DECREASE)
EXPENDITURE
$63,100
$12],025
$33,335
$54,200
$48.2] 5
$3,200
SI64,IOO
$11.600
$8,400
$35,100
S30,000
S639,000
S8.000
S22,700
$25,300
S167,200
S 180,000
$39,487
S600,OOO
S290,000
S62,000
S 1 ,452,700
$35,000
$5,700
$400,000
S],262
$70,000
$50,000
$61,202
S57,941
S36,150
$]3,391
S 1.570,426
INCREASE
INCREASE (DECREASE)
(DECREASE) INTERFUND
RESERVES TRANSFERS
S638,269
(S2.900)
(SI,100)
$7,800
($27.000)
S3,800
($350,000)
S226.800
S35,000
$34,918
AGENDA ITEM
~o ~ I f-
1.:..--
(\ t..-J 1
SEP ') S 2001
, -.;., '-
LL...
]
2
3
4
5
6
7
FUl\'D
BUDGET
AMENDMENT
NUMBERS
INCREASE
(DECREASE)
CARRY
FORWARD
OR
INTERFUND
TRANSFERS
INCREASE
(DECREASE)
RECEIPT
INCREASE
(DECREASE)
EXPENDlTIJRE
INCREASE
lNCREASE (DECREASE)
(DECREASE) INTERFUND
RESERVES TRANSFERS
8
01-429
115
9 115
01-430
10 602
01-431
11
299
01-435
12 001
01-436
13 040
01-437
14 301
01-438
15 299
01-444
16 315
01-445
17 517
01-450
18
113
0] -464
19 496
01-485
20 138
01-490
21 040
01-504
22 BE IT FURTHER RESOLVED that the Clerk is bereby ordered and directed to spread this Resolution in full among the
S19,320
S14,962
$16,719
$41,000
$442,306
$432,800
S5,000,000
S26,900
$585,655
$250,000
S21,500
$800,000
$44,886
S3,785
$1,800,000
S15,700
23 minutes of this meeting for permanent record in his office.
S19,320
$59,848
$41,000
$432,800
$432,800
$4,557,694
S26,900
S558,755
$1,800.000
S6,272
S250,000
$21,500
S800,000
DA TED
24 This Resolution adopted after motion, second and majority vote favoring same.
25
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~~ r-/.. ~~O
4] ~analich
42 Chief Assistant County Attorney
43
ATTEST
DWIGHT E. BROCK, Clerk
By:
Deputy Clerk
Approved as to form and
legal sufficiency:
S20,504
(S31 ,494)
$41,000
$442.306
S26,900
$9.428
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:
James D. Carter, Ph.D.. Chairman
- 3 -
AGENDIi. lTEM
No. ~
\1(::5
SEP 2 5 200t
Pg.
I.).