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Agenda 09/24/2002 R COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA September 24, 2002 9:00 a.m. NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99-22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS PERMISSION FOR ADDITIONAL TIME IS GRANTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774-8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1 September 24, 2002 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Rabbi Howard Greenstein, Jewish Congregation of Marco Island 2. AGENDA AND MINUTES A. Approval of today's regular, consent end summary agenda es amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) 3. SERVICE AWARDS A. Sue Getter, Solid Waste - 20 Years B. James Thomas, Parks end Recreation - 25 Years C. Judith Marks, Social Services - 25 Years D. Patricia Cookson, Utility Billing - 30 Years PROCLAMATIONS A. Proclamation for Child Safety Month. To be accepted by Amy Hendrickson, Event Chairwoman for Collier County Child Safety Fair. B. Proclamation to recognize John Drury, Executive Director of the Collier County Airport Authority, for his outstanding service. C. Proclamation for Financial Planning Weak to be accepted by Suzanne Low, President of the Financial Planning Association of Southwest Florida. PRESENTATIONS PUBLIC PETITIONS A. This item continued from the September 10~ 2002 BCC Meetin¢;~ Public Petition request to discuss reassessment of Impact Fees on the Hvmewood Residence. 2 September 24, 2002 B. Public Petition request by David P. Barker representing Bentley Village regarding Impact Fee Assessment. C. Public Petition request by Pastor J. David Mallory regarding an Impact Fee Deferral. D. Public Petition request by Taylor Ives for a Waiver of Fees for one dedicated EMS Unit during the Franklin Templeton Shootout. E. Public Petition request by Ellin Goetz to discuss draft-implementing ordinance for the Greenspace Referendum. 7. BOARD OF ZONING APPEALS 8. ADVERTISED PUBLIC HEARINGS A. Amendment to the Emergency Management Ordinance expanding the succession of authority to include all County Commissioners, the Clerk of Courts and the Deputy County Manager. 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of member to the Environmental Advisory Council. B. Appointment of member to the Public Vehicle Advisory Board. C. Appointment of members to the Emergency Medical Services Advisory Council. D. Appointment of member to the Vanderbilt Beach Beautification MSTU Advisory Committee. 3 September 24, 2002 E. Discussion regarding amendments to Resolution No. 94-136 establishing guidelines for receiving recommendations for appointment of members to advisory committees and Quasi-Judicial Boards. F. Appointment of member to the Education Facilities Authority. G. Appointment of member to the Industrial Development Authority. 10. COUNTY MANAGER'S REPORT A. Adopt a Resolution authorizing the Acquisition by Condemnation of Non- Exclusive, Perpetual Utility Interests by Easement for the construction of a force main and pump stations required for the Collier County Water-Sewer District's Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems, Projects 73076, 73132, 73150, and 73151, at a cost not to exceed $670,012. (Jim DeLony, Administrator, Public Utilities) B. Presentation of options regarding a building (American Legion Hall) on the South Immokalee Neighborhood Park property with associated costs ranging from none to $37,000. (John Dunnuck, Administrator, Public Services) C. Request Board provide staff with direction in regard to adding maintenance of Devonshire Boulevard to the Radio Road Beautification MSTU responsibility at an estimated cost of $40,000 annually. (Norman Feder, Administrator, Transportation) D. Status report for the Board's review of the Interchange Enhancement recommendations requested by the Golden Gate/l-75 Ad Hoc Beautification Committee. (Norman Feder, Administrator, Transportation) E. Approve an Addendum to the Landscaping Installation and Maintenance Highway Agreement in the amount $288,000, with the Florida Department of Transportation (FDOT) within the Unincorporated Area of Collier County, Florida; authorizing the Chairman to expand the boundaries of the existing US 4 September 24, 2002 41 North Phase I Agreement to Vanderbilt Beach Road. The County's cost for annual maintenance is estimated to be $105,000. (Norman Feder, Administrator, Transportation) F. Approve amended median landscaping agreement between Collier County and the Vineyards Development Corporation in the amount of $35,000.00. (Norman Feder, Administrator, Transportation) G. Status Report to the Board reviewing past Board direction in regard to the Beautification of the Livingston Road Corridor. (Norman Feder, Administrator, Transportation) H. Award a Construction Contract in the amount of $18,899,386.08 to Better Roads Inc., and allocate $900,000.00 (5% of the construction cost) for contingency purposes to construct the proposed Livingston Road Phase III Project, from Pine Ridge Road to Immokalee Road, Project No. 62071. (Norman Feder, Administrator, Transportation) I. Adopt a Resolution authorizing the Acquisition by Gift or Purchase of right-of- way in fee simple title, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and temporary driveway restoration easements, and temporary construction easements, which will be required for the construction of roadway, drainage and utility improvements for the Immokalee Road six-laning project from US 41 to 1-75 (Project No. 66042). Fiscal Impact: $9,880,700. (Norman Feder, Administrator, Transportation) J. Approve Annual Rate Resolution to set Landfill Tipping Fees, Transfer/Recycling Center Fees, Residential Annual Assessments and Commercial Waste Collection Fees for FY2002/2003. (Jim DeLony, Administrator, Public Utilities) K. Award Bid #02-3415 to Lodge Construction, Inc., for the construction of the Golden Gate Community Center Annex st a cost of $2,311,117.00. (John Dunnuck, Administrator, Public Services) 5 September 24, 2002 L. Approval of a Project Budget Amendment for $357,000 and approval to Award Bid #02-3377 in the amount of $2,529,376 for a Construction Contract with Brooks and Freund, LLC, for construction of the North Naples Government Services Center. (Jo-Anne Leamer, Administrator, Administrative Services) 11. PUBLIC COMMENTS ON GENERAL TOPICS 12. COUNTY A'i-FORNEY'S REPORT 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Approval of First Amendment to Lease between CPOC Realty, L.L.C. and Collier County for the continued use of office space for the Financial Administration and Housing Department at an annual rental amount of $44,636.88. 2) Approve Fourth Amendment to 2002 Tourism Agreement with Kelley Swofford Roy, Inc., extending expiration date from September 30, 2002 to January 31, 2003 to allow FY02 Advertising/Promotion Funds to be expended in FY03, as recommended by the Tourist Development Council. 3) Approval of Budget Amendment transferring $3,608.04 from Tourist Development Fund 194 to Utility Regulation Fund 669 for reimbursement of FY01/02 Expenditures made by Utility Regulation, which were dedicated to the tourism effort, as recommended by the Tourist Development Council. 4) Approval of Budget Amendment transferring $20,000 from Tourist Development Fund 194 to Utility Regulation Fund 669 for reimbursement of Utility Regulation staff time dedicated to the tourism effort, as recommended by the Tourist Development Council. 6 September 24, 2002 5) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-075 styled Board of County Commissioners Collier County, Florida vs. Charles Hitchcock, Inc., McAIpine Briarwood, Inc., and Charles ~-~ Hitchcock (Briarwood Golf and Practice Center) regarding violation to Section 3.3.11 of Ordinance 91-102, the Collier County Land Development Code. 6) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-037 styled Board of County Commissioners Collier County, Florida vs. Enrique Iglesias regarding violation of Sections 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 7) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-379 styled Board of County Commissioners Collier County, Florida vs. Charles and Joan Humphries regarding violation of Ordinance No. 99- 51 of the Collier County Land Development Code. 8) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002-005 styled Board of County Commissioners Collier County, Florida vs. Quail Crossing Property Owners Association regarding violation to Ordinance No. 91-102, as amended of the Collier County Land Development Code. 9) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-061 styled Board of County Commissioners Collier County, Florida vs. A.L. Dougherty Co., Inc. regarding violation to Ordinance No. 91-102, as amended of the Collier County Land Development Code and violation to Ordinance No. 99-51, of the Collier County Litter and Weed Ordinance. 10) Waive purchasing policy and approve limited engagement of McLaughlin Tourism Management to assist staff in development of the FY03 Advertising/Promotion Plan and facilitating a joint workshop to establish goals and priorities of the Tourism Marketing Program, not to exceed $30,000, as recommended by the Tourist Development Council. 11) Approve amended 2002 Tourism Agreement between Collier County and the Naples Botanical Garden, extending expiration date from September 30, 2002 to September 30, 2003, to allow FY02 Special Museum Grant Funds to be expended in FY03, as recommended by the Tourist Development Council. 12) Status Report to the Board of County Commissioners on the work plan and schedule for preparation of an Interlocal Agreement with the Collier County School Board for coordinated land use and school planning as required by Chapter 2002-296 Laws of Florida. 13) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1999-069 styled Board of County Commissioners Collier County, Florida vs. Dale Horbal and Cheryl Horbal regarding violation of Section 3.9.6.6.6 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. 7 September 24, 2002 14) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001-023 styled Board of County Commissioners Collier County, Florida vs. Terry Arce regarding violation of Sections 3.9.3 of Ordinances No. 91- 102, as amended of the Collier County Land Development Code. 15) Approve 2003 Tourism Agreement with Marco Island Historical Society for Tourist Development Special Museum Grant of $25,000. 16) Code Enforcement Lien Resolution approvals. 17) Final acceptance of Water Utility Facilities for Hawthorne Suites. 18) Petition AVESMT2001-AR659 to disclaim, renounce and vacate the County's and the Public's interest in a drainage easement conveyed to Collier County by separate instrument and recorded in Official Record Book 805, Pages 755 through 757, and to accept a drainage easement as a relocation easement, located in Section 27, Township 48 South, Range 25 East, Collier County, Florida. 19) Approval of an Impact Fee Refund (double-payment) request totaling $40,945.75. B. TRANSPORTATION SERVICES 1) Approve County Incentive Grant Program (ClGP) amendment extension for Livingston Road from Golden Gate Parkway to Pine Ridge Road (FM#410003 1 54 01) Project #60071. 2) Approve Work Order for $1,265,384.22 for the construction engineering and inspections services by PBS&J, Inc. for Goodlette-Frank Road (Pine Ridge Road to Vanderbilt Beach Road) four and six lane Improvements, Project No. 60134. 3) This item has been deleted. 4) Recommendation to approve the purchase of one (1) tractor with boom mower attachment from Alamo Sales Corporation in accordance with State Bid Contract #765-900-02-01 in the amount of $80,703.00. 5) Approve Work Order for $1,601,472.25 for the construction engineering and inspections services by Johnson Engineering, Inc. for Immokalee road "Milestone I & 2" (Wilson Boulevard to 43r~ Avenue N.E.) four lane improvements, Project No. 60018. 6) This item has been deleted. 8 September 24, 2002 7) Approval Bid #02-3416, Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance in the amount of $154,839 to Commercial Land Maintenance Inc. 8) Approve an Easement Agreement and accept a Drainage Easement to acquire a 60 x 150 foot parcel of land in the Naples Gateway Estates Subdivision at a cost of $800.00 for the Lely Area Stormwater Improvement Project which is located within the East Naples Area (Project No. 31101). 9) Approve a Contract Amendment to the Agreement between the Board of County Commissioners and APAC-Florida, Inc., to provide for a warranty bond and inspection for any needed pipe replacement and repair on Golden Gate Boulevard, Project No. 63041. 10) Adopt a Resolution authorizing the Acquisition by Gift or Purchase of Fee Simple Interests required for a Storm Water Treatment Pond which will be required for the construction of roadway improvements along 13th Street Southwest from Golden Gate Boulevard South to 16th Avenue SW (Project No. 69068). Fiscal Impact: $130,000. 11) Request for approval of payment of all travel expenses for persons representing the MPO Board and Advisory Committees in the amount of $8,000.00. 12) Approval of Purchase Order Modification with McGee and Associates for US 41 North Phase I Landscape Services in the amount of $5,730.00. 13) Approve Work Order No. BRC-FT-02-03 with Better Roads Inc. for median improvements in the amount of $113,075.55 on Davis Boulevard between Commercial Drive and Pine Street, Project No. 60016. 14) Accept a Right-of-Entry granted from Naples Botanical Garden Inc., for permission to enter upon property located adjacent to and including Lake Kelly for the purpose of allowing Road Maintenance Department Staff to maintain the vegetation by application of State Certified Herbicides. 15) Approval of the FY2002 Transit Development Plan Update, which was conducted by the Center for Urban Transportation Research (CUTR) at the total cost of $80,000. 16) Approve change order with APAC, Inc. for roadway improvements on the North 11~ Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. 17) A Resolution of the Collier County Board of County Commissioners requesting the inclusion of 1-75, State Road 29 and the Immokalee Airport in the State of Florida Strategic Intermodal System. 9 September 24, 2002 C. PUBLIC UTILITIES 1) Adopt a Resolution approving the Satisfaction of Lien for Solid Waste A Residential Account wherein the County has received payment and said lien is Satisfied in Full for the 1993 Solid Waste Collection and Disposal Services Special Assessment. Fiscal Impact is $12.00 to record the Lien. 2) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1994 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $18.00 to record the Liens. 3) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1995 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $52.50 to record the Liens. 4) Adopt a Resolution approving the Satisfaction of Liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are Satisfied in Full for the 1996 Solid Waste Collection and Disposal Services Special Assessments. Fiscal Impact is $58.50 to record the Liens. 5) Authorization to execute and record Satisfactions for certain Water and/or Sewer Impact Fee Payment Agreements. Fiscal Impact is $34.50 to record ~_ the Satisfactions. 6) Approve the Satisfaction of Lien Documents filed against Real Property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Fiscal Impact is $132.00 to record the Liens. 7) Waive Purchasing Policy Threshold for Formal Competition and approve a Purchase Order Modification for the adjustment of water and sewer valves related to the widening of U.S. 41 from Rattlesnake Hammock Road to Barefoot Williams Road, Projects 70045 and 73045, in the amount of $9,859.00. 8) Recommendation that the Board of County COmmissioners approve a Budget Amendment transferring funds from Mandatory Trash Collection Fund (473) Reserves for payment to haulers for the Solid Waste Mandatory Collection Program. Total funds needed from Reserves are $93,200. D. PUBLIC SERVICES 10 September 24, 2002 1) Approval of an Agreement for Fiscal Year 2002-2003 funding contribution to the David Lawrence Mental Health Center, Inc., at a cost of $926,100.00. 2) Approval of the annual contract between Collier County and the State of ~ Florida Department of Health for Operation of the Collier County Health Department at an FY03 cost to the County of $1,343,200.00. 3) Authorize Budget Amendment to transfer $200,000 from the Golden Gate Community Center to Parks Capital Projects for the Community Center's share of the Construction Costs of the new Annex Building. 4) This item has been deleted. 5) Renewal of an Agreement for joint use of facilities with St. John Neumann High School. 6) Approve modification to the Caxambas Park submerged land lease with the State of Florida Department of Environmental Protection at an additional annual cost of $150.00. 7) Award of Bid #02-3407 to Primary and Secondary Vendors for purchase and delivery of fertilizer at a projected cost of $200,000. E. ADMINISTRATIVE SERVICES 1) To Award Bid #02-3409 for purchase and delivery of concrete and metal culvert pipe at an annual cost of $35,000. 2) Approval of an Amendment to the contract between Collier County and Insurance and Risk Management Services Inc., for the placement of National Flood Insurance and Builder's Risk Insurance Policies. 3) Approval of a Budget Amendment to the Group Health and Life Plan in the amount of $1,249,900 to fund claims payments through September 30, 2002. 4) Recommendation to adopt the 2003 Fiscal Year Pay and Classification Plan, Pursuant to §125.74 (1) (H), Fla. Stat. 5) Recommendation that the Board of County Commissioners award Bid #02-3372 for Full Service Auctioneer Agreement. 6) Award Contracts #01-3290 "Fixed Term Professional Engineering Services" to the following firms: Q. Grady Minor, Hole Montes. (Estimated Annual Amount $1,000,000) 11 September 24, 2002 F. EMERGENCY SERVICES 1) Recognize and appropriate $11,648 of unanticipated revenue from a communications tower lease, and approve the required Budget Amendment. 2) *Approve an Amendment to the Contract between the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters and Paramedics, Local 1826 IAFF for providing Healthcare Benefits to EMS Part-Time Employees, Funds are available in Fund 490; Emergency Medical Services and were approved by the Board of County Commissioners for the FY02 Budget. 3) Accept an Agreement and adopt a Resolution authorizing Collier County, Florida to accept $105,806 from the Florida Department of Community Affairs for Emergency Management Program Enhancement. 4) Approve a Transportation Service Agreement between NCH Healthcare System Inc., and Collier County for a dedicated Interfacility Transport Ambulance at no cost to the County. COUNTY MANAGER 1) To adopt a Resolution approving amendments (appropriating grants, donations, contributions, or insurance proceeds) to the Fiscal Year 2001- 02 Adopted Budget. AIRPORT AUTHORITY 1) Approve a request to reclass uncollectible accounts receivable incurred by the Airport Authority in the amount of $7,704.07. 2) Approve the Transfer of $78,800 from the General Fund (001) to the Collier County Airport Authority Fund (495) to offset shortfalls in Airport Revenue. BOARD OF COUNTY COMMISSIONERS 1) Commissioner request for approval for payment serving a valid public purpose. (Commissioner Fiala) 12 September 24, 2002 to attend function 2) Commissioner request for approval for payment to serving a valid public purpose. (Commissioner Carter) MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous Items to File for Record as Directed. attend function K. OTHER CONSTITUTIONAL OFFICERS 1) This item has been deleted. 2) Authorize a Budget Amendment funding projected personal services shortage in Court Administration in the amount of $98,400. 3) To amend the current contract with KPMG LLP for auditing services to include Government Accounting Standards Board, Statement No. 34, "The New Government Reporting Model" which is mandated for the Fiscal Cycle ending September 30, 2002. 4) Recommend that the Board of County Commissioners serve as the Local Coordinating Unit of Government in the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's Office Grant Application, authorize acceptance of the Grant Award, and approve associated Budget Amendments. 5) To approve Budget Amendments to recognize additional Fiscal Year 2002 Revenue in the Confiscated Trust Fund (602). 6) That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the Detailed Report of Open Purchase Orders serve a valid public purpose and authorize the Expenditure of County Funds to Satisfy Said Purchases. Open Purchase Order Report is on display in the County Manager's Office, 2"d Floor, W. Harmon Turner Building, 3301 E. Tamiami Trail, Naples, FL. COUNTY ATTORNEY 1) Approval of the Stipulated Final Judgment relative to the Easement Acquisition of Parcel 175C in the Lawsuit entitled Collier County v. Michael S. Combs, et al, (Immokalee Phase I Project). 2) Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System, Inc. 13 September 24, 2002 3) Approve the Stipulated Final Judgment relative to the Acquisition of Parcel 209 in the Lawsuit entitled Collier County v. Armando A. Lambert, et aL, (Immokalee Phase I Project). 4) Recommendation that the Board of County Commissioners approve and ratify the retention of Nichols Hospitality Consulting, Inc., and Jan L. Nichols as Consultants or Experts on Hotel Issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary retention documents. 5) Recommendation that the Board approve a continuing Retention Agreement for Legal Services on an "As Needed" basis with the Law Firm of Carlton, Fields, Ward, Emmanuel, Smith and Cutler, P.A. to meet County Purchasing Policy Contract Update Requirements. 6) Direct Office of County Attorney to prepare an Amendment to Ordinance 99-85 (codified at §.126-2, Collier County Code of Laws and Ordinances) IMPLEMENTING THE RECENTLY ENACTED PROVISIONS OF §. 196.075, FLA. STAT. (Additional Homestead Exemption for Persons 65 and Older). 7) Resolution regarding disposition of mediation funds in accordance with the requests of the State Comptroller's Office and the Chief Judge of the Twentieth Judicial Court. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. SHOULD ANY OF THE FOLLOWING ITEMS BE MOVED TO THE REGULAR AGENDA ALL PARTICIPANTS MUST BE SWORN IN. A. To adopt a Resolution approving amendments to the Fiscal Year 2001-02 Adopted Budget. THIS ITEM IS BEING CONTINUED INDEFINITELY.~ A Resolution to approve the expansion of the Geographic Boundaries of th= Collier County Water-Sewer District to incorporate areas within the Rural Fringe Amendment Area. CUE-2002-AR-2088, Thomas Hawkins requesting a one-year extension of an approved Conditional Use for an assisted living facility located at 2101 County 14 September 24, 2002 Barn Road, in Section and Township 52 South, Range 26 East, Collier County, Florida, consisting of approximately 9.63 acres. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774-8383. 15 September 24, 2002 AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETIN(~ September 24, 200:) CONTINUE ITEM 8A TO OCTOBER 8, 2002 BCC MEETINC: Amendment to the Emergency Management Ordinance expanding the succession of authority to include all County Commissioners, the Clerk of Courts and the Deputy County Manager. (Staff request.) ITEM 10C TO BE HEARD AT 3:00 P.M Request Board provide staff with direction in regard to adding maintenance of Devonshire Boulevard to the Radio Road Beautification MSTU responsibility at an estimated cost of $40,000 annually. (Commissioner Henning request) CONTINUE ITEM 10F TO OCTOBER 8, 2002 BCC MEETING: Approve amended median landscaping agreement between Collier County and the Vineyards Development Corporation in the amount of $35,000. (Staff request.) CONTINUE ITEM 16 A 15 TO OCTOBER 8 2002 BCC MEETING: Approve 2003 Tourism Agreement with Marco Island Historical Society for Tourist Development Special Museum Grant of $25,000. (Staff request.) MOVE ITEM 16(B)11 TO 10(M)' Request for approval of payment of all travel expenses for persons representing the MPO Board and Advisory Committee in the amount of $8,000.00. (Commissioner Coyle request) MOVE ITEM 16(B)15 TO 10(N): Approval of the FY2002 Transit Development Plan Update, which was conducted by the Center for Urban Transportation Research (CUTR) at the total cost of $80,000. (Staff request.) CONTINUE ITEM 16 B 16 TO OCTOBER 8 2002 BCC MEETING: Approve change order with APAC, Inc. for roadway improvements on the North 11th Street Extension Project at the Intersection of State Road 29 in the amount of $31,733.60, Project #62021. (Staff's request) Note to Item 16(A)19: See Attached. **Note to Item 16 (B)11' Approval of all referenced travel expenses shall be consistent with Florida Statutes 112.061 AGENDA ITEM NO. 16A19: IMPACT FEES FOR 8-UNIT CONDO & 8-BAY GARAGE Permits Issued 8/30/02 to Pristine Homes, Inc. (DBA Sherwood Communities, Inc.) Parks EMS Fire Correctional Facilities Library Road [Dist. 6 (GG Ests)] Educational Facilities Water Sewer $6,566.72 $744.00 $1,933.23 $943.84 $1,712.00 $12,096.00 $6,616.00 $14,420.00 $15,224.00 Corrections: Total: $60,255.79 1. Total amount of refund changed from $40,945.75 to $60,255.79. 2. Entity to receive refund is Sherwood Communities, Inc, not Pristine Homes, Inc. 3. Water/Sewer refunds to be paid from Water/Sewer Impact Fee Funds (411/413); remainder to be paid from Impact Fee Escrow Trust Fund (675) WHEREAS, pROCLAAfA TION Octmber §th. 2002 is declared by Collier County as do,er Child ~afety Day; and. ~jn~ntional i~ur/e~ a~ the lead/n9 cause of death among child~n a~t ~e ~ teen,eh in ~ollier Count; and. in 1998 moMr ~hicle colli=ion~ ~a~ the leading cause of death d~ ~o ~infenfianal i~uriet amo~ children le~ than ~e~enteen years of a~ a~ ~tionally =ix out of ten children killed in c~thet a~ totally un~ined; and. for the ~ri~ 1997- I999 ~he ayera~ number of year~ of ~tent/al I/re Io~t d~ ~ [~ur/e~ for children a~ one to f~en it 4~ ~are ~r annum; and. the m~r/~ of ~/n~ntional injur/e~ are p~entable; and. one of the cureR/vets and teachers of Co~ier~ can far children; death and steps to NO~/ together it/es. of tober, 2002, be and urge all community members to take advantage of the opportunity to learn about safety prevent/on at the first annual Collier County Child Safety Fair at Veterans Community Park. DONE AND ORDERED 77-ff$ 24th Day of September, 2002. ~OARD OF COUNTY COIA~I$$IONER$ COLI_rER COUN'r~, FLORIDA ATTEST: ,l'~A4 COL~'r'TA, CHAIRA4AN / £ROC£AtAA ~OR '~VHEREA$, to oil mo~ers, gt~ot nod smoll, often conteover$iol or . ' sensitive, ,Tohn Drury ~pplies knowledge, ex~eience, .... ~dministrotiv~ obili~, so. rD judgment ond o sens~ of foir ploy; and, WHEREAS, as the first Executive bi~ctor of the Collier Coun~ Airport Authori~, he faced unp~c~d~nt~d challen~a; and, ~E~EAS, h~ undertook th~ daunti~ task of ~idin9 th~ Authori~ though the m~e of problems exi$tin9 at the thr~ Collier Coun~ Airports; ond, ~EREAS, ~ohn b~ energy, effort and ff/HEREA$, t airports hove ,ttroctions and and/ts t/on to sense ond of County blOW the Collier is hereby D/rec~or Of th~ BOARD OF CO~N~ CO~(rEg COUN~ F~R2DA TEP~E~ L. P~CE, SEP 2 ,-- pROCLAAAA TION dr~om$ by ~mpow~rin9 th~m ~o M~ndfy and mono9~ finondd gods and n~9odo~ th~ finondol barriers ~ho~ ori$~ o~ ~ s~n~ of life; nad, ~HE~EAS, eye.one can benefi~ from knowin9 abou~ ~he value of f/nandal plannin9 and where ~o ~rn ~or objective ~/nancia/ advice; and. ~Eg~A& ~he Financial P/annin9 A$$ociadon /s ~he membership o~an/zadon ~or ~he ~inancial plann/n9 commun/~, repre$endn9 ~8. ~ member$ dedicated ~o $uppordn9 ~he {/nancia/ p/annin9 proce~$ a way ~o help individuals ach/eve ~he/r 9oa/$ and dream$; and. ~Eg~A& ~he Financial Plannin9 A$$ociadon o~ 5oo~hwe$t ~/or/da /~ ~he commun/~ 141NEREA$, the FinandaJ Pia~n/n9 Association'believeS ~fhat everyone needs object/W advice to ma~ smart f/nanc/~tqjd~ and that when ~ the advice o/a ~/nanc/o/ r/anner~(~t~/anner ~hoda be a ~NEgEAS, ~e E[nancial Pianm~9 Assodadon is d~icafed ¢o helpin9 i~iv~duals disco~r ~e. value of finandal pla~i~; and, NO~ TNEgEFOR~ be ff p~cla/med bY ~he Board of Co~.Commisdoners of C6~E~.~o~, Elorida, ¢ha~ Ocrober 7- ~ be designafed ,~ %';. ' COUN~ DONE AND ORDERED ZOO2 BOARD OF COUNTY COt~M£$$IONER$ COU. ZER CQUNTY, fLORIDA ,T~tA COLETTA, CHA£RtAA^ -- AGE,ND, Az ATTEST: No. ~ SEP 2 DI4/£GHT E. BROCK, CLERK .... COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES. FLORIDA 34112 1941~ 774-8383 July 16, 2002 FAX (941) 774-4010 Ms. Elise Batsel Lynn Holland & Knight LLP P.O. Box 1288 Tampa, FL 33601-1288 Re: Public Petition Request to Discuss Reassessment of Impact Fees on the Homewood Residence Dear Ms. Lynn: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 10, 2002, 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, Interim County Manager JVM:jb cc: David Weigel, County Attorney Joe Schmitt, CD&ES Administrator Phil Tindall, Impact Fee Coordinator r-',': June 27, 2002 Board of County Commissioner~ Of Collier County, Florida 2800 North Horseshoe Drive Naples, Florida 34104 Re: Collier County's Rea~essmem of Impact lees on the Homewood Residence, Naples, Florida, 111 West Wood Place, Folio No. 06050000724 (the "Property") Dear Gentlemen: As you are aware, Collier County has reasses~d the impazt fees on various projects within its jurisdiction. Our firm has the pleasure of representing American Retiremen: Corporation in connection with this matter. To give you some backgxound, our client received a letter from Collier County in November of 2001 stating that approximately $138,~95.00 were owed in impact fees on the property. I have had various conferences with Phiilip Tmdall, Collier County Impact Fee Coordinator. to determine whether the County had established a policy for processing administrative appeals and to obtain other information, During each conversation, we were informed that the County was working on a strategy for dealing with both the school impact fee issue and the assessment of retroactive impact fee issue and that someone from the County would "get back to me." However, we have not received any additional corr~pondenc¢ or communication from the County staff until we received the May 28, 2002 correspondence stating that there had been another "review" of this matter and that the amounts due had increased. We were concerned by the inconsistencies in the November 21, 2001 and May 28, 2002 correspondences. In an effort to finally obtain some information from the County on this matter, I requested a conference call with Phillip Tindall on June 26, 2002_ On June 26, 2002 during the conference call I tried to h~,v¢ additional questions answered by Philip Tindalt and Jacqueline Hubbm'd Robinson, in th~ County Attorney's office. Unfortunately, Ms. Robinson was not willing to provide me with the informalion requested and asked Mr. Tindall not to answer many of my questions. I was hoping that the F, Board of County Comn6ssioncrs of Collier County June 27. 2002 Page 2 County w~s willing to work with us to t~solv¢ this matter amicably but that was not the impression that [ had after the conference call. I did receive a leaer from Ms. Robin.son thai evening indicating the her office was willing to provide me with answers to any inquiries I ha,,'e reg.'ding ColLier County's coll~tion efforts in this maIter and I appr~:iat¢ her change o~ position and wi[lirtgncss to assist. However. be:cause our client would like to expedite this matter. I would request that the Board of County Commissioners set an ~genda item at your eartiest convenience in order to r~consider the reaasessment of impact fees for the Horr~wood Residence and allow us to present our position. Please be assured that our clients are only trying to resolve r. his matter in an amicable fashion and avoid potential litigation. Clearly, it is m~ch mor~ cost effective for our cLiem and for the County to work toward a mutually satisfactory resolution of rd~is matter. Please have your office contact me if the Board is willing to reconsi~-t this raatter and scb, edute i! for public fiearing. For your convenience, I have artachcd a legal memorandum sening/'or~h our legal position. Very truly yours, HOI. LAND& KaNIGHT LLP EBL:ams Elise Bare'el M.r. Rock Ra,~ler (w/enclosures) ~. Phillip Tindall (w/enclosure) Jacqueline H. Robinson, Esq. lames H. Shimberg, Jr., Esq. (w/encloaut~) Pat Ske~ton, Esq. (w/enclosures) $7~17-8 /TPAI #1.~1702 v2 COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 September 5, 2002 FAX (941) 774-4010 David P. Barker, Attorney at Law Gronek & Latham, LLP 390 North Orange Avenue, Suite 600 Odando, FL 32802 Re: Public Petition Request to Discuss Bentley Village Impact Fee Assessment Dear Mr. Barker: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 24, 2002, 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. Sin__c,cerely, James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator SEP 2 2002 SEP~C!5-20C, 2 THE 02'~5 PM FRO~' YAX' ?AGE 2 GRONEK 8t LATHAM, LLP ATTORNEYS AT LAW Davu~ P. ~ 3~0 NOD. TH OR~IOE AV]~JE, suFrE 600 ~. ~ B~v~L ~ ~ST 0~ BOX 3353 ~E. ~ ~ ~ O~O, ~A 32802 ~'o. O~ ~ W~'S ~ D~: Aunt 12, 2002 ALL VIA FACSIMILE AND FEDERAL_ EXPRESS Board of County Commissioners, Collier County Jim Coietta, Tom Henning, Fred W. Coyle, Donna Fiala and James D. Carter, Ph. D Collier County Governmental Complex 3301 East Tamiami Trail Naples, FL 33412 Mr. Phillip R. Tindall, Jacqueline Hubbard Robinson, Esq. Impact Fee Coordinator Assistant County Attorney Collier County Government Collier County Governmental Complex Community Development and 3301 Tamiami Trail West Environmental Services Division Naples, FL 34112-4902 2800 North Horseshoe Drive Naples, FL 34104 Re: Bentley Village, a Classic Residence by Hyatt/impact Fee Assessment Dear Ladles and Gentlemen: This law firm represents the owner and operator of Bentley Village, a Classic Residence by Hyatt ("Bentley Village"), which is a continuing care retirement community (a "CCRC") in Collier County, Flodda (the "County"). This letter is in response to your letter to Ms. Penny Pdtzker, dated July 26, 2002, providing a Final Notice of Impact Fee Statement for Bentley Village (the 'Final Notice"). The Final Notice addresses three separate impact fee assessments relating to the expansion of Bentley Village for an additional 84 Units: (1) Educational Facilities (School) Impact Fees, (2) Community Parks, Regional Parks and Ld"oraries Impact Fees and (3) Road and EMS Impact Fees. SEP ? 2002 'SEP-C, 5-%002 THU 02'B6 P~ FRO~: ?~. PAGE Collier County Board of County Commissioners August 12, 2002 Page 2 A CCRC is not specifically assessed in the applicable County impact fee ordinance. A CCRC has ,special attributes which mitigate against impacts on the County. A CCRC historically has reduced water and sewer usage, reduced road impacts, little or no use of parks and libraries and no school impacts when compared to muttifamily developments that are not limited to senior housing. Based on these facts, there is no nexus between the development of the Bentley Village expansion and the impacts on the Colrier County facilities for which impact fees are sought. The Bentley Village expansion for 84 new units occurred in 1998. At the time of the expansion, the County granted a reduction of impact fees. This letter shall serve as the r~ of Bentley Village to place consideration of this matter on ~he-ag~-nda fo-~'~e Board o~ County ~s.i~ners,--in-0rder m nea~r ~en~]ey Village"~ appea]--of"the aec~mon 'oT me CountY tO-' reassess Bentley Village f~ Educational Pacilitles (SchOol) Impact Fees an(i C, om~unity~a~As, "R~-~onal I-'ark-s and Libraries Impact Fees. I will be '~nava~laDle for me next scheduled m~irfg on September 10, 2002, and ask that this matter be set for the October meeting. The general basis for Bis appeal is as follows: (1) The application of the Impact Fee Ordinance for Educational Fadlities (School) Impact Fees is unconstitutional as applied to Bentley Village. Bentley Village has limited the age of its residents to seniors, and through its licensing requirements and past prac'dces, has never had any residents under the age of 80. Therefore,. the Bentley Village Expansion parcel has had no impact on the County school system. Moreover, based on its operation of a CCRC, Bentley Village is required to provide a continuum of care for its resider~ts as they age, including independent living, assisted living, and special care in its long term facility and its Memory Support/AIzheimer's facility and programs. Therefore, there is no nexus between the impact of the expansion of the existing Bentley Village and the impact fees sought by the County. In order to alleviate any concerns of the County relating to a future change of use for Bentley Village, I enclose a draft Declaration of Restrictive Covenant that will restrict the use of the property for residents 20 years of age or older. This form is substantially the same as the restrictive covenant required by Palm Beach County for a similar community. If the County finds this acceptable and grants a final, binding waiver of the Educational Fadlities (School) Impact Fees, then this Declaration will be recorded in the Public Records of Collier County, Florida. (2) The apl3[ication of the Impact Fee Ordinance for Community Parks, Regional Parks and Libraries has been determined not to apply to Bentley Village due to the fact that Bentley Village had lakes, lighted waikways, golf courses, swimming pools, clubhouses, native plant and wildlife preserve areas surrounding the Bentley Village expansion facility and other amenities. Thus, Bentley Village has a more convenient setting for outdoor and recreational activities and therefore would have minimal impact on the County park and library systems. _ _ SEP 2 2002 'SEE-OS-2~02 THE 02'56 PM FROM: FAX: ?AGE Collier County Board of County Commissioners August 12, 2002 . Page 3 (3) The County previously waived payment of these fees, as evidenced by the attached receipt, and the issuance of a building permit and certificate of occupancy for the Bentley Village for these impact fees. Therefore, the County is estopped from collecting these impact fees at this time. Once this matter has been placed on the agenda for the Board of County Commissioners, additional materials will be provided in support of these positions. We aisc request that the ten percent (10%) delinquency fee be held in abeyance until Bentley V'dlage has had an opportunity to exercise its due process dghts. Further, please confirm no lien will be filed until this matter can be heard by the Board of County Commissioners. Moreover, this letter shall serve as the request of Bentley Village to receive a refund in the amount of $75,768.19 for overpaid Road and EMS Impact Fees. The Final Notice states this refund will be provided only upon payment of the other impact fees due. However, nothing in the County's Impact Fee Ordinance specifically enlJtles the County to withhold payment of a refund of overpaid impact fees due to an unrelated ma~ter. Therefore, we request that this refund be promptly forwarded. Please make the funds payable to Gronek & Latham, LLP Trust Account and forward the check or draft, to my attention. '~-' .__ Bentley Village w~l continue to work with County staff to hopefully amicably resolve this matter. Given the nature of this County's request, Bentley Village would like the opportunity to present its viewpoint and supporting materials to the County. Given the unique nature of Bentley Village, we believe the County should support awaiver of these impact fees. Should you require any further information, please do not hesitate to contact me. I look forward to receiving your response. DPB/kab cc: Matthew K. Phillips, Esq. James L. Reed, Jr., Esq. Mr, Alan Fletcher, Executive Director, Bentley Village \~E:R%'ERI\USER~Bobmc~WPDO~~BENTLEY~rnpa=t Fee\TJnda[l, Phlllip Park Irnt:m~ Fee response If.r 003.doc COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 September 6, 2002 FAX (941) 774-4010 Pastor J. David Mallory Senior Pastor First Assembly Ministries 3805 The Lord's Way Naples, FL 34114 Re: Public Petition Request Regarding an Impact Fee Deferral Dear Pastor Mallory: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 24, 2002, 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, ,/ .~'- James V. Mudd County Manager JVM/jb cc: David Weigel, County Attorney Joseph Schmitt, CD&ES Administrator SEP .; 2002 RECEIVED COUNTY MAi-lAGER OFFICE ACTION. FILE MEMORANDUM DATE: August 23, 2002 TO: Jim Mudd, County Manager FROM: Jim Coletta, Chairman Commissioner, District 5 RE: Campus of Care Project Attached to this memorandum is a copy of a letter dated August 23, 2002 from Pastor J. David Mallory requesting to be placed on the September 24, 2002 Commission agenda to appeal for an Impact Fee Deferral. Please take the necessary steps to place this issue on the agenda and confirm the date and agenda item with Pastor Mallory. Thank you very much for your assistance to this request. Commissioner, District 5 JNC:sf Attachment Sr__.? 2 2002 FROM : -' FAX NO. : Maw. 06 2001 08:00PM P2 C~i~.r Cutlery to CJ'~N Greot C~ nil ~r~'~ ~ ~11 ~.~ AUgUSt 23, 2002 The Honorable Jim Coletta Board of County Commissioners 3301 E. Tamiami Trail Naples, FL 34112 RE: CAMPUS OF CARE PROJECT Dear Commissioner Coletta: This is a formal request to appcar before the Collier County Board of County Commissioners on September 10~h or thc 24u~ to appeal for an hnpact Fee Deferral. However, September 10"~ is a prhnary election day and the Stale Representatives will be in Tallahassee and September 1 lth is a remembrance day and Congressman Porter Goss will be in Washington. Therefore, it has been rc~iucsted by Representative J. Dudley Goodlette to arrange the meeting for September 24a. I have spoken to Senator Butt Saunders, State Representative J. Dudley ~' , · Goodlerte and Congressman Potter Goss and they will either be sending a : letter or appearing in person. For their convenience, I need to know a date ~ ~,,. /~ and time certain. I ? , ~' '~ lid .Mallory '~ ' JDM/sr Tq'RST ^~;EIVLBLY MINI~'/'KIE.."; 5~05 Thc. I.t~:l'.~ Way (94.1) 774-1J ~5 F~ (941) 77d.-58,"k~ ~ ........ COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL September 12, 2002 NAPLES, FLORIDA 34112 (941) 774-8383 FAX (941) 774-4010 Mr. Taylor Ives Tournament Manager Franklin Templeton Shootout 9130 Galleda Court, Suite 324 Naples, FL 34109 Re: Public Petition Request for Waiver of Fees for one Dedicated EMS Unit During Franklin Templeton Shootout Dear Mr. Ives: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 24, 2002, 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 govemment 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, , ..- ~Mudd County Manager JVM/jb ~ ~--- cc: David Weigel, County Attorney '~-' Ken Pineau, Interim Administrator, Emergency Services . L/'...I~ SEP 2 2002 · Franklin Templeton September 9, 2002 Shootout Mr. Jim Mudd County Manager REC~rq~..D COUNTY ~:.~.~tAG~ O~F~CA~ Collier County Government 3301 E. Tamiami Trail Naples, FL 34112 Dear Mr. Mudd: ~,C~ON_ FILE_ The Franklin Templeton Shootout is an annual PGA TOUR sanctioned event hosted by Greg Norman. Proceeds from the event are donated to our primary beneficiary, the National Childhood Cancer Foundation, as well as other selected charities. The Shootout will be played for the 14th consecutive year this November 20-24, 2002. The event will be held at Tiburon Golf Club in North Naples for the second year in a row. The tournament generates a tremendous eco~0mic' i/riP'act to Collier County each year. Typically the tournament draws 25,000 spectators from all over Florida and beyond. Local hotels and restaurants enjoy the econom£c boost each November. The event brings exposure and notoriety to the Naples area during three days (a total of seven hours) of live national television coverage on CBS, Fox Sports Net and Golf Channel. We would like to petition-the Board requesting a waiver be issued for one dedicated Emergency Medical Services (EMS) unit to be assigned to Tiburon Golf Club during the golf tournament at no charge. We take the safety of our patrons very seriously and feel that a non-dedicated EMS service does not provide the full coverage that we desire. The support of an organization such as yours allows the tournament to have a greater impact on its charities. The dates and times we would need coverage are listed by day below: Wednesday, Nov, ember 20 7:30- 5:00 Thursday, November 21 9:00- 5:00 Friday, November 22 9:30- 5:00 Saturday, November 23 8:30- 5:00 Sunday, November 24 8:00- 4:30 Please contact me at (239) 254-9770 should you need additional information regarding the tournament or our request for a waiver. I will hope to hear fi.om you or someone on your staff following the September 10th meeting. Best regards, Tournament Manager GREG NORMAN PRODUCTION COMPANY 9130 GALLERIA COURT · SUITE 324 · NAPLES, FLORIDA 34109 · TEL: 239.254-9770 · FAX: 239-254-9746 COLLIER COUNTY MANAGER'S OFFICE 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8383 September 17, 2002 FAX (941) 774-4010 Ms. Ellin Goetz, Chair Greenspace Committee P.O. Box 9093 Naples, FL 34101-9093 Re: Public PetitiOn Request to Discuss Draft Implementing Ordinance for the Greenspace Referendum Dear Ms. Goetz: Please be advised that you are scheduled to appear before the Collier County Board of Commissioners at the meeting of September 24, 2002, regarding the above referenced subject. Your petition to the Bdard 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,,i'n the Board's Chambers on the Third Floor of the W. Harmon Turner Building (Building "F") of the govemment 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, udd County Manager JVM/jb ~ .~,,~ ~ ~ cc: David Weigel, County Attorney ...... SEP 2 To: Leo Ochs From: Ellin Goetz Date: September 16, 2002 Re: Request for Agenda, September 24, 2002 Board of County Commissioners - This is a request to be placed on the September 24, 2002 Board of County Commission agenda to consider a draft ordinance for the Greenspace Program in Collier County. : SE? 2 ~ 2002 P.O. Box 9093, Naples, FL 34101-9093 · Voice 239.643.7070 ° FAX 239.262.0750 Pd. poi. adv. approved and paid for by the Conservation Colfier Political Action Committee. SEPTEMBER 13, 2002 DRAFT ORDINANCE NO. 2002- AN ORDINANCE ESTABLISHING THE COLLIER COUNTY ENVIRONMENTALLY SENSITIVE LANDS PROGRAM; PROVIDING FOR FINDINGS, PURPOSE AND INTENT; POWERS; FORMATION, DUTIES AND COMPOSITION OF ADVISORY BOARD; DURATION; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Collier County has studied various methods for the acquisition of environmentally sensitive land for conservation, preservation and urban green space; and WHEREAS, Collier County has Home Rule Powers established by the Florida State Legislature pursuant to Florida Statutes, Chapter 125 and has the power to carry on government to the extent not inconsistent with general law; and WHEREAS, Collier County desires to provide a mechanism to equitably deal with the implementation of the Community Character Plan, the Comprehensive Growth Management Plan, which recommend acquisition of environmentally sensitive lands; and WHEREAS, On Tuesday, November 5, 2002, the electorate of Collier County authorized the County to levy a 0.25 mill ad valorem property tax for a period not to exceed 10 (ten) years, for acquisition, protection, restoration, and management of environmentally sensitive lands in Collier County for the benefit of present and future generations; and WHEREAS, Collier County's significant natural resources, productive estuaries and wetlands, remarkable biodiversity, and unique subtropical habitats harboring many species of rare and endangered flora and fauna merit the most protection any county's citizens' could offer; and WHEREAS, It is the intent of the Board of County Commissioners of Collier SEP 2 2002 1 County to establish the Environmentally Sensitive Lands Program to implement this mandate and to support its purposes to the fullest, limiting all uses of, and al} investment earnings on, such levies to such purposes; and WHEREAS, the Collier County Board of County Commissioners recognizes the need for the creation of an advisory board to advise the County and the public in the implementation of the program and the selection of project sites for acquisition. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: SECTION 1: Name: This ordinance shall be known as The Environmentally Sensitive Lands Program Implementation Ordinance. SECTION 2: Obiectives: The Environmentally Sensitive Lands Program is therefore hereby established to acquire, preserve, restore, and maintain vital and significant threatened natural lands, forest, upland and wetland communities located in Collier County, for the benefit of present and future generations. SECTION 3 - Findings: 1. The foregoing recitals are true and correct and incorporated herein by reference. 2. All ad valorem funds generated hereby shall be collected by the Collier County Tax Collector. 3. The County Manager or his or her designee, shall administer this program in accordance with the procedures and criteria provided for herein. SECTION 4 - Purpose and Intent: 1. To acquire, protect and manage environmentally sensitive lands that contain natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features, maximizing protection of Collier County's rarest, most unique and endangered habitats; 2. To acquire, protect and manage environmentally sensitive lands which offer the best human social value, including equitable geographic distribution, passive nature- SEP 2 q 2002 2 oriented recreation, and protection of water resources, local ecological awareness, and enhancement of the aesthetic setting of Collier County; 3. To acquire, protect and manage environmentally sensitive lands that serve to recharge the County's aquifers and protect its wetlands and surface water resources to ensure the delivery of clean and plentiful water supplies and provide flood control; 4. To acquire, protect and manage environmentally sensitive lands containing the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality; 5. To protect present conservation lands by acquiring, protecting and managing adjacent properties which, if not acquired, would threaten the environmental integrity of the existing resource, or which, if acquired, would enhance and buffer the enviromnental integrity of the resource, and add to resource connectivity; 6. To restore the natural functions, as necessary, to any impacted and vulnerable habitats which would then contribute significantly to fulfilling this program's goals; 7. To help implement the objectives and policies of the Collier County Growth Management Plan which have been promulgated to preserve and protect environmental protection areas designated in the Plan and other natural forest resources, wetlands, endangered species habitat, and vulnerable rare habitats; 8. To identify Collier County's best and most endangered environmental lands for acquisition, protection and management by evaluating the biological and hydrological characteristics and viability of the resource, the vulnerability of the resource to degradation or destruction, and the feasibility of managing the resource to maintain its natural attributes; 9. To manage acquired environmentally sensitive lands with the primary objectives of maintaining and preserving their natural resource values, and providing appropriate nature-oriented passive recreational and educational opportunities, by employing management techniques that are most appropriate for each native community so that our natural heritage may be preserved and appreciated by and for present and future generations; 10. To have the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the .gener.aZ- SEP 2 2002 public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities; 11. To protect natural resources which lie within the boundaries of other conservation land acquisition programs, where Environmentally Sensitive Lands funds would leverage significant other matching sources of funding for other agency acquisition projects that would not be available without such a local match, or which would result in considerably higher funding rank in another program; and, 12. To cooperate actively with other acquisition, conservation, and resource management programs, including, but not limited to, such programs as the State of Florida Conservation and Recreation Lands program, the Land Acquisition Trust Fund, Florida Forever, and Save Our Rivers program, where the purposes of such programs are consistent with the purposes of the Environmentally Sensitive Lands Program as stated hereinabove. SECTION 5- Definitions: The following words and phrases, when used in this chapter, shall have the meanings ascribed to them in this section: 1. "Acquisition proposal" shall mean (a) parcel(s) of land which has/have been nominated or recommended for conservation in accordance with the procedures provided for herein. 2. "Acquisition project" shall mean (a) parcel(s) of land approved by the Board of County Commissioners for conservation by the county in accordance with procedures provided for herein. 3. "Authorized Purpose" means expenditures authorized herein. 4. "Non-profit organization" shall mean an organization as defined in section 501 of the United States Internal Revenue Code, operating in Collier County, which includes among its primary goals the conservation of natural resources and the protection of the environment. 5. "Buffer land" shall mean that land which is adjacent to publicly-owned environmental land, or privately held land permanently dedicated to conservation, or that land which is an in-holding within publicly-owned environmental land, and which, if not SEP 2 2002 acquired, would threaten the environmental integrity of the existing resource, or if acquired, would enhance the environmental integrity and connectivity of the resource. 6. "Environmentally sensitive" land shall mean that land which contains natural upland or wetland communities, native plant communities, rare and endangered flora and fauna, endemic species, endangered species habitat, a diversity of species, significant water resources, or outstanding aesthetic or other natural features. 7. "Management" shall mean the preservation, enhancement, restoration, conservation, monitoring, or maintenance of the natural resource values of environmentally sensitive lands which have been acquired or approved for management under the Environmentally Sensitive Lands Program, including provision of appropriate public access. 8. "Target Protection Areas" shall mean larger areas of environmentally sensitive land within which are located specific sites which generally satisfy the initial screening criteria and meet the goals of the Environmentally Sensitive Lands Pro,am. SECTION 6 - Creation of the Environmentally Sensitive Lands Acquisition Trust Fund. Collier County shall establish the Environmentally Sensitive Lands Acquisition Trust Fund for use in acquiring environmentally sensitive lands in Collier County. This fund shall receive and disburse monies in accordance with the provisions herein. 1. The Environmentally Sensitive Lands Acquisition Trust Fund shall receive monies from the following sources: a. Monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, foundation or private grants, donations for acquisition of environmentally sensitive lands and payments provided for mitigation activity associated with such acquisition activity. b. Such additional allocations as may be made by the Board of Count), Commissioners from time to time for the purposes set forth herein. c. All interest generated from the sources identified herein except where monies received have been otherwise designated or restricted. SEP 2 d. Supplementation from the Environmentally Sensitive Lands Management Trust Fund, but only with the approval of the Collier County Board-of County Commissioners. e. Up to Eighty-five percent (85%) of all ad valorem revenues collected for the Environmentally Sensitive Lands Program. f. The proceeds of any property acquired with funds from the Environmentally Sensitive Lands Acquisition Trust Fund that is leased or sold by the County, said proceeds, as determined by the Board of County Commissioners, to be committed either to the Environmentally Sensitive Lands Acquisition Trust Fund or to the Environmentally Sensitive Lands Management Trust Fund for the purposes provided for herein. Any such sale or lease shall only be in accordance with the goals of this Program. 2. The Environmentally Sensitive Lands Acquisition Trust Fund shall be maintained in a separate and segregated trust fund of the County to be used solely for the authorized purposes set forth herein. 3. Disbursements from the Environmentally Sensitive Lands Acquisition Trust Fund shall be made only for the following authorized purposes: a. Acquisition of properties which have been approved for purchase by resolution of the Board of County Commissioners. b. Costs associated with each acquisition including, but not limited to, appraisals, surveys, title search work, real property taxes, documentary stamps and surtax fees, and other transaction costs. c. Costs of administering the Environmentally Sensitive Lands Program, including any loans from the General Fund for funding start-up costs until such time as the fund is closed. Administration of the program may be conducted by County staff or by contract with a private or not for profit entity subject to meeting all County purchasing procedures. Administrative costs shall be limited to the greatest extent possible. d. To undertake and carry out studies and analyses of county conservation land needs and ways of meeting those needs, limited to no more than $150,000.00 e. To acquire and dispose of real and personal property or any interest SEP 2 2002 therein when such acquisition is necessary or appropriate to protect the natural environment, provide public access or public recreational facilities, preserve wildlife habitat areas or provide access to management of acquired lands; to acquire interests in land by means of land exchanges; and to enter into all alternatives to the acquisition of fee interests in land, including, but not limited to the acquisition of easements, development rights, life estates, leases, and leaseback arrangements. f. Acquisitions consistent with Collier County land development regulations and the Growth Management Plan. g. To cooperate with other local, regional, state, or federal public land acquisition programs. In such cases, the County may enter into contractual or other agreements to acquire lands jointly or for eventual resale to other public land acquisition programs in Collier County. h. To borrow money through the issuance of bonds for the purposes provided herein, to provide for and secure the payment thereof, and to provide for the rights of the holders thereof. i. To invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in such investments as may be authorized for trust funds under Florida Statutes, Section 215.47 as amended. j. To insure and procure insurance against any loss in connection with any of the trust's operations, including without limitation: a. The repayment of any loans to mortgage lenders or mortgage loans; b. Any project; c. Anybonds of the County; Insurance may be procured in such amounts and from such insurers, including the Federal Government, as may be deemed necessary or desirable by Collier County. k. To engage the services of private consultants on a contract basis for rendering professional and technical assistance and advice. 1. To identify parcels of land that would be appropriate acquisitions. m. To do any and all things necessary or convenient to carry out the purposes of, and exercise the powers given and granted herein to the full extent of the law. SEP7 2 h 2002 SECTION 7 - Creation of the Environmentally Sensitive Lands Management Trust Fund: There is hereby created the Environmentally Sensitive Lands Management Trust Fund (hereinafter referred to as the Environmentally Sensitive Lands Management Trust Fund) for the preservation, enhancement, restoration, conservation and maintenance of environmentally sensitive lands which either have been purchased with monies from the Environmentally Sensitive Lands Acquisition Trust Fund, or have otherwise been approved for management. The Finance Director is hereby authorized to establish the Environmentally Sensitive Lands Management Trust Fund and to receive and disburse monies in accordance with the provisions of this section. 1. The Environmentally Sensitive Lands Management Trust Fund shall bc maintained in a separate and segregated trust fund of the County to be used solely for thc authorized purposes set forth herein. 2. The Environmentally Sensitive Lands Management Trust Fund shall receive monies from the following sources: a. Ad-valorem taxes collected for the Environmentally Sensitive Lands Program in an amount not to exceed 15% of the total collected in any one year. b. All monies accepted by Collier County in the form of federal, State, or other governmental grants, allocations, or appropriations, as well as foundation or private grants and donations, for management of lands acquired xvith the Environmentally Sensitive Lands Acquisition Trust Fund or otherwise approved for management. c. Additional allocations as may be made by the Board of Count.,,' Commissioners as necessary from time to time for purposes strictly consistent with the goals and purposes of the Environmentally Sensitive Lands Program. d. All interest generated from the sources identified herein, except where monies received have been otherwise designated or restricted. 3. Disbursements from the Environmentally Sensitive Lands Management Trust Fund shall be made by the County Manager or his or her designee only in accordance for the authorized purposes set forth herein. SEP 2 2002 8 SECTION 8 - Land Acquisition Advisory Committee: 1. Creation and Purpose.' The Land Acquisition Advisory Committee is hereby established to assist thc Board of County Commissioners in establishing an Active Properties Acquisition List with qualified purchase recommendations consistent with thc goals of thc Environmentally Sensitive Lands Program. 2. Appointment and Composition: The Land Acquisition Advisory Committee shall be composed of nine (9) members who arc appointed by and will serve at thc pleasure of thc Board of County Commissioners in accordance with Ordinance No. 2001- 55. Membership of thc Land Acquisition Advisory Committee shall comprise thc following representations: a. Organizations representing environmental interests in Collier County 3 members; b. Organizations representing agricultural and business interests in Collier County - 2 members; c. Organizations representing educational interests in Collier County - 1 member; d. Representatives of federal, state or local government, except for employees of the Agency of the County Manager - 1 member; and e. Representatives from local civic organizations - 2 members. Individual members of the Land Acquisition Advisory Committee shall have expertise in ecology, conservation of natural resources, real estate or land acquisition, land appraisal, land management, eeo-tourism or environmental education. A nominee shall submit to the Board written evidence of his or her expertise in any of the above. The members of this committee should include representatives from different areas of Collier County. 3. Terms of Office: The initial terms of office of the members shall be staggered between the individual representations and be set as follows: a. Three (3) members shall serve three (3) years. b. Three (3) members shall serve Two (2) years. c. Three (3) members shall serve One (1) year. S£P 2 q 2002 Thereafter, all appointments shall be for a term of three (3) years. The process for appointments and terms of office shall be governed by Collier County Ordinance 2001- 55. 4. Officers, Quorum and Rules of Procedure: At its earliest opportunity, the membership of the Committee shall elect a chairperson and vice chairperson from among the members. Officers' terms shall be for a period of one (1) year, with eligibility for reelection. The presence of five (5) or more members shall constitute a quorum of the Committee necessary to take action and transact business. The Committee shall, by majority vote of the entire membership, adopt rules of procedure for the transaction of business. The Land Acquisition Advisory Committee shall comply with the applicable requirements of the Florida Sunshine Law, and shall keep a written record of meetings, resolutions, findings and determinations in accordance with Chapter 112, Florida Statutes. Copies of all Committee minutes, resolutions, reports, and exhibits shall be submitted to the Board of County Commissioners. 5. Attendance and Vacancies: Committee member attendance requirements, including failure to attend meetings and member removal from office are governed by Collier County Ordinance No. 2001-55, as amended. 6. Functions, Powers and Duties of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall have the following duties and responsibilities: a. The Land Acquisition Advisory Committee's primary responsibility is to recommend to the Board of County Commissioners an Active Properties Acquisition List with qualified purchase recommendations consistent with the goals of the Environmentally Sensitive Lands Program and pursuant to the policies outlined herein below. b. The Land Acquisition Advisory Committee may, from time to time, recommend to the Board of County Commissioners proposed expenditures from the Environmentally Sensitive Lands Trust Fund; additional selection or acquisition policies, procedures, and programs; and other such matters as may be necessary to fulfill the purposes of the Environmentally Sensitive Lands Program. However, the goals and SEP 2 2002 10 primary criteria of the Environmentally Sensitive Lands Program may not be modified except by countywide referendum vote. c. The Land Acquisition Advisory Committee shall have no power or authority to commit Collier County to any policies, to incur any financial obligations or to create any liability on the part of the County. The actions and recommendations of the Land Acquisition Advisory Committee are advisory only and shall not be binding upon the County unless approved or adopted by the Board of County Commissioners. d. At such time as there are insufficient uncommitted funds in the Environmentally Sensitive Lands Acquisition Trust Fund to conclude another acquisition and all acquisition projects have been closed, the Land Acquisition Advisory Committee shall report to the County Commission that its business is concluded. All remaining Environmentally Sensitive Lands Acquisition Trust Fund monies shall then be transferred to the Environmentally Sensitive Lands Management Trust Fund. 7. Review of the Land Acquisition Advisory Committee: The Land Acquisition Advisory Committee shall be reviewed by the Board of County Commissioners every four years in accordance with the provisions of Section Nine of Collier County Ordinance No. 2001-55, as amended. SECTION 9 - Property Eligible for Acquisition and Management: 1. Properties eligible to be considered for acquisition and management under the Environmentally Sensitive Lands Program shall be only environmentally sensitive land. 2. Acquisition of property shall not be constrained based on the availability of management money. 3. Any environmentally sensitive land not on the acquisition list which is offered for conveyance or donation to Collier County and is proposed for management by the Environmentally Sensitive Lands Program shall be evaluated as provided for herein below and may only be accepted and approved for management by the Board of County Commissioners. SECTION 10 - Criteria for Evaluating Lands for Acquisition and Management: 1. The evaluation of each acquisition proposal shall be based on satisfying at least two of the initial screening criteria below. Qualified sites shall then be further prioritized SEP 2 2002 by secondary evaluative criteria listed below under Section 2. The initial screening criteria are: a. Land with the most rare, unique and endangered habitats found in Collier County, order of preference: tropical hardwood hammocks, xeric oak scrub, coastal strand, native beach, xeric pine, riverine oak, high marsh (saline), tidal freshwater marsh, other native habitats. b. Lands offering the best human social values, including equitable geographic distribution, appropriate access for passive and compatible uses, and enhancement of the aesthetic setting of Collier County. c. Land which protects the most water resource values, including aquifer recharge, water quality, wetland dependant species habitat, and flood control. d. Land containing' the most biological value, including biodiversity, listed species habitat, connectivity, restoration potential, and ecological quality. e. Land which enhances and/or protects the environmental value of current conservation lands through function as a buffer, ecological link, or habitat corridor. f. Any qualified land which meets at least two of the above criteria, and has matching funds available and/or which the Environmentally Sensitive Lands Pro,am funds availability would leverage a significantly higher funding rank in another acquisition program. Without such funding circumstances, Environmentally Sensitive Lands Program funds shall not be available for projects within the jurisdiction of another agency's acquisition boundaries. 2. Those proposed acquisition proposals which are initially qualified under the screening criteria shall be evaluated and ranked by the staff and Land Acquisition Advisory Committee using Secondary Ranking Criteria based on site visit information which confirms or refutes the initial screening criteria evaluation, and based on comparative size (to prefer larger of similar parcels), vulnerability to destruction (to prefer most threatened of qualified parcels), overall resource ecological quality (to prefer highest quality of similar parcels) and the estimated feasibility and costs of management (to prefer most manageable parcels). 3. The Board of County Commissioners hereby shall approve and make a part hereof the attached initial list of Target Protection Areas within which are located specific sites ....... ,§EP 2 q 2002 which generally satisfy the initial screening criteria and meet the goals of the Environmentally Sensitive Lands Program. Inclusion on this list is not a guarantee of any specific purchase. All specific proposals will be evaluated and ranked by staff and the Land Acquisition Advisory Committee for a recommendation of approval to the Board of County Commissioners. In accordance with the goals, policies and procedures of Ordinance 2002-__, the Collier County Environmentally Sensitive Lands Program, the following list is the first Target Protection Areas adopted for consideration by the Land Acquisition Advisory Committee, County Staff and the Board of County Commissioners. 1. All designated Urban lands on the Future Land Use Map of the Collier County Growth Management Plan with predominantly native vegetative cover. 2. All Collier County Natural Resource Protection Areas and Sending Lands, as shown on the Future Land Use Map of the Collier County Growth Management Plan. 3. All undeveloped lands with predominately native vegetative cover in the Northern Golden Gate Estates, as shown on the Future Land Use Map of the Collier County Growth Management Plan. 4. The Flow-way and Habitat Stewardship Areas as depicted on the Future Land Use Map of the Collier County Growth Management Plan. 4. The County Manager shall prepare and periodically update for presentation to the Board of County Commissioners, an Environmentally Sensitive Lands Program Manual, developed by staff and the Land Acquisition Advisory Committee, which, upon approval by the Board of County Commissioners, shall be used as a guide for implementing the provisions of this ordinance, and shall also include the initial and secondary criteria listed herein above for evaluating Environmentally Sensitive Lands Acquisition Proposals. Commencement of the acquisition and management program shall be immediate upon approval by the Board of County Commissioners, passage of the referendum and appointment of the Land Acquisition Advisory Committee, even if the manual has not been completed. SEP 2 2002 SECTION 11 - Acquisition List: The overall Environmentally Sensitive Lands Acquisition List shall consist of two specific lists: the Target Protection Areas List and the Active Acquisition List. The Land Acquisition Advisory Committee and Board of County Commissioners shall approve both in accordance with the procedures set forth below: 1. The Target Protection Areas List shall consist of lands representing the highest natural resource values (such as Natural Resource Protection Areas), but generally not specific parcels, and is initially approved by the Board of County Commissioners and updated periodically by the Board of County Commissioners and Land Acquisition Advisory Committee. It is established and updated in accordance with the Environmentally Sensitive Lands Program goals, procedures and criteria. 2. The Active Acquisition' List shall consist of criteria-qualified sites which have been selected from Target Protection Areas, as well as qualified acquisition proposals submitted to the Land Acquisition Advisory Committee by the public, all of which have received positive responses from property owners. The Active Acquisition List shall be updated periodically according to the Environmentally Sensitive Lands Program procedures and criteria. Site acquisition proposals that receive the highest evaluations pursuant to the Environmentally Sensitive Lands Program criteria and for which acquisition is feasible will be placed on this list, pending approval by the Land Acquisition Advisory Committee and Board of County Commissioners. 3. Once approved by the Board of County Commissioners, the County shall actively pursue acquisition of projects on the Active Acquisition List. All sites shall be pursued on a voluntary "interested partf' basis only, without the use of the County's eminent domain powers. 4. Projects will only be removed from the Active Acquisition List by successful purchase of the site, approval of the next succeeding list, withdrawal of positive interest by the property owner, or by resolution of the Board of County Commissioners. Projects removed may still be considered at a later time. SECTION 12 - Nomination of acquisition proposals and candidate sites: 1. Specific site consideration will be given to all individual properties which lie within the Target Protection Areas List and which have generated a positive interest SEP 7,.4t 2002 response to a letter of acquisition inquiry sent by the County or county designated contact. 2. Public and landowner applications nominating properties for acquisition may be submitted at any time, during or after the first annual public solicitation meeting (described below), by any person or organization, including Collier County, regional, State or Federal agencies. 3. All nominations shall be made by filing an application with the County Manager or his designee, which will then be forwarded to designated staff and the Land Acquisition Advisory Committee for review. 4. There will be an annual public meeting for the purpose of updating the Board of County Commissioners and the public and for soliciting proposals and applications. The first such meeting will take place at the end of the first year of implementation of the Environmentally Sensitive Lands Program. 5. If the applicant has an ownership interest in any real property covered by an application for proposed acquisition, such interest shall be disclosed in the same manner as required of zoning applicants, as required by the Collier County Land Development Code. This shall not apply to governmental applicants. 6. If the applicant does not have an ownership interest in the real property covered by an application or if the applicant is a governmental agency, the name and address of the owner as listed in the Property Appraiser's records shall be provided with the application. SECTION 13 - Procedure for selection of acquisition proposals for placement on the Active Acquisition List and Subsequent Purchase Procedures: 1. Upon approval of the referendum and subsequently with each update of the Target Protection Areas list, county staff will send letters of inquiry to all property owners within these Target Protection Areas. Positive responses will be forwarded to designated staff for preliminary review, using the initial screening criter/a. 2. After the first annual public solicitation of nominations, landowner and publicly nominated projects will be forwarded first to county staff for the mailing of inquiry letters. Designated staff using the initial screening criteria will review all positive responses. SEP 2 ": 2002 3. Nominated properties that do not fulfill the purposes of the Environmentally Sensitive Lands Program or do not satisfy the initial criteria will be reported ~to the Land Acquisition Advisory Committee and shall not be evaluated further unless at least five [5] members of the Land Acquisition Advisory Committee vote for a complete evaluation. 4. Proposals which satisfy the initial screening are forwarded to the Land Acquisition Advisory Committee and staff for secondary criteria review and ranking. Staff shall send along with each proposal: boundary and location maps for each site, descriptions of the biological and hydrological characteristics, including initial criteria satisfied, a summary of its potential for appropriate use, development potential of the site and adjacent land, an assessment of the management needs and costs, the assessed value, and any potentially available matching funds. This acquisition proposal information shall be the Initial Criteria Screening Report. 5. Upon completion of the Initial Criteria Screening Report, the Land Acquisition Advisory Committee shall hold a public hearing to consider the recommendations regarding each site, the applicants' and/or landowners' comments, and comments from the public. A courtesy notice shall be provided to the owners of properties which are the subject of the hearing, although failure to notify said owners shall not invalidate these proceedings. The Land Acquisition Advisory Committee shall evaluate all qualified proposals using the secondary ranking criteria, the Initial Criteria Screening Report, and public comments, then propose top-ranked proposals for the Active Acquisition List at this hearing. Subsequent meetings may be called to complete this task. 6. County staff shall coordinate initial site visits with Land Acquisition Advisory Committee and interested landowners of top-ranked proposals that are proposed for the Active Acquisition List. Staff shall write Site Visit Reports regarding all initial site visits. 7. Upon completion of the staff's initial site visit reports, the Land Acquisition Advisory Committee shall convene a public hearing to recommend additions to, and approve the Active Acquisition List for submittal to the Board of County Commissioners. Coordination will be made with any potential matching funds entities, as necessary. 8. The Board of County Commissioners, in a public meeting, shall vote on whether to approve all or part of the proposed Active Acquisition List and any additions that may t EP 2 q 2002 be added to it. Additions may be added but any additional properties must be subjected to the entire evaluation process. After approval of the list, the Board-of County Commissioners will direct staff to prepare a Project Design Report for each project, including appraisals, title research, history and purpose of project, and program qualifications. 9. Upon completion of the Project Design Reports, the Land Acquisition Advisory Committee shall hold a second public meeting to decide, by majority vote, which projects are recommended to proceed to negotiations. 10. The Board of County Commissioners after approval of the Active Acquisition List and the Land Acquisition Committee's recommendations for negotiations, will instruct County staff to negotiate for purchase for each listed project, with optional use of a third party non-profit organization negotiator, as authorized by the Board of County Commissioners. 11. Upon successful completion of negotiations, County staff will present to the Land Acquisition Advisory Committee the proposed contract terms for the committee's review and recommendations. County staff will forward the recommendations of the Land Acquisition Advisory Committee to the Board of County Commissioners for contracts recommended for approval and for contracts that should not proceed as negotiated. 12. The Board of County Commissioners shall approve the contract terms for each proposed project and shall authorize any and all purchases. SECTION 14 - Management plans and use of environmentally sensitive lands: 1. No later than Sixty [60] days from the date of acquisition, an interim management plan for any property acquired shall be submitted by County staff to the Land Acquisition Advisory Committee for approval. Upon approval, the plan shall be submitted to the Board of County Commissioners for final approval and shall be implemented by the County Manager pursuant to the Board's direction. Any such interim management plan(s) shall not be implemented for more than two (2) years after acquisition of the property, prior to the expiration of two [2] years, either a new management plan shall be implemented or, by affirmative action of the Board, the interim plan shall continue. SEP 2 h 2002 1'7 2. A final management plan, with required review and updating every ten years, shall be prepared, with review and input of the Land Acquisition Advisory Committee, for each property acquired by the Environmentally Sensitive Lands Program which shall: (a)Identify such management activities as are necessary to preserve, enhance, restore, conserve, maintain, or monitor the resource, as appropriate; and (b) Identify such uses as are consistent with the preservation, enhancement, restoration, conservation, and maintenance of the resource; and (c)Estimate the annual costs of managing the project. 3. Annually, the ten-year management plans prepared during the preceding year shall be submitted to the Board of County Commissioners for its approval. Each ten-year management plan shall be updated at least every five (5) years from the last date of Board approval, and may be amended as often as required. Management plan updates and amendments shall be reviewed by the Land Acquisition Advisory Committee for their input and recommendations and then submitted to the Board of County Commissioners for approval. 4. All management plans shall be consistent with the purposes set forth herein. All properties acquired or managed through the Environmentally Sensitive Lands Program shall be managed in accordance with the approved management plan for that property. 5. No use, infrastructure, or improvement shall be permitted on any property acquired or managed under the Environmentally Sensitive Lands Program that is inconsistent with the purposes of the program or that is not provided by an approved management plan for the property. 6. The County will seek cooperative management arrangements with other agencies and entities, in keeping with the approved management plans and goals of the Environmentally Sensitive Lands Program. 7. Purchasing land using Environmentally Sensitive Lands program funds permanently extinguishes all development rights except those strictly compatible with the purposes and goals of the Environmentally Sensitive Lands Program. 8. Public access is an important element of management and this Program. Examples of permitted uses, subject to compatibility with specific parcels, include: hiking, nature photography, birdwatching, kayaking, canoeing, swimming, hunting arid _ SEP 2002 fishing. The program will also make the acquired sites available, with minimal risk to the environmental integrity of the site, to educate Collier County's school-age population and the general public about the uniqueness and importance of Collier County's subtropical ecosystems and natural communities. SECTION 15 - Responsibilities of the County Manager: The County Manager shall facilitate such activities, designate such staff, and assign such responsibilities as are necessary to fulfill the purposes of this chapter. The manager shall, at a minimum, do he following: 1. Designate staff to evaluate acquisition proposals in accordance with the approved criteria and prepare and implement project management plans. 2. Make recommendations to the Land Acquisition Advisory Committee on acquisition proposals. 3. Designate a negotiation resource committee to develop negotiation strate~es for approved acquisition projects, to monitor negotiations, and to assist in coordinating all activities relating to negotiations, purchase agreements and closings, as needed. The Negotiation Resource Committee shall include at least one (1) representative from the Real Property Department, the Division of Community Development and Environmental Services, the Department of Facilities Management, the Park and Recreation Department, and The County Attorney. SECTION 16 - Sunset of the Environmentally Sensitive Lands Program: 1. The Environmentally Sensitive Lands Program will sunset when all usable program funds are exhausted after 10 (ten) years of Environmentally Sensitive Lands Program tax revenue collection, unless reauthorized through similar voter referendum approval. 2. Any unusable funds remaining in the Acquisition Trust Fund upon sunset will be transferred to the Management Trust Fund. 3. The Management Trust Fund will continue in perpetuity, as long as Environmentally Sensitive Lands Program acquired lands remain in county hands. SECTION 17 - Inclusion in the Code of Laws and Ordinances: The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be SEP 2002 renumbered or re-lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION 18 - Conflict and SeverabiliW: In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portion. SECTION 19 - Effective Date: This Ordinance shall take effect only upon the passage of the November 5, 2002 referendum levying up to 0.25 mills of ad valorem taxes for a period of ten (10) years to fund the acquisition of Environmentally Sensitive Lands and its being filed with the Florida Department of State. PASSED AND DULY ADOPTED by the Board of County Commissioners of Collier County, Florida this ~ day of__, 2002. Attest: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: By: Deputy Clerk JAMES N. COLETTA, Chairman Approved as to Form and Legal Sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney SEP 2 2002 2O EXECUTIVE SUMMARY AMENDMENT TO THE EMERGENCY MANAGEMENT ORDINANCE EXPANDING THE SUCCESSION OF AUTHORITY TO INCLUDE ALL COUNTY COMMISSIONERS, THE COUNTY CLERK OF COURTS AND THE DEPUTY COUNTY MANAGER OBJECTIVE: To gain Board of County Commissioners approval to amend Section 38-58. and 38-59. of the Emergency Management Ordinance that would expand the line of succession to include all County Commissioners, the County Clerk of Courts and the Deputy County Manager. CONSIDERATION: Ordinance 84-37 was crafted to delineate a line of succession for the County to order a state of local emergency for pending or occurring natural or technological disasters in the event that a quorum of the Board could not be obtained. At that time, and until now, the line of succession was the Board Chairman, Vice-Chairman and the County Manager. As a result of the attack on the World Trade Center on September 11, 2001, it became necessary to develop a framework to expand the line of succession. The attached Ordinance revises the line of succession to the Board Chairman, Vice-Chairman, the next County Commissioner by seniority, the County Manager, the Clerk of Courts and the Deputy County Manager in that order. FISCAL IMPACT: There is no fiscal impact. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment to the Emergency Management Ordinance that would include all County Commissioners, the Clerk of Courts and the Deputy County Manager in the line of succession for the issuance of states of local efhergencies. SUBMITTEDBY: ( ~,A ~-' . .'Date: ~-'~O Richard A. Z/~)[vl glo/ski "'/' ' , Emerg,~~ ?oordinator APPROVED J - -~ Date: ~. Pineau Iftterim Emergency Services Administrator ORDINANCE NO. 2002 - AN ORDINANCE AMENDING CHAPTER 38, CIVIL EMERGENCIES, ARTICLE III, DECLARATION OF STATE OF EMERGENCY, OF THE COLLIER COUNTY CODE OF LAWS AND ORDINANCES. ALSO KNOWN AS ORDINANCE NO. 84-37. AS AMENDED, .~MENDING SECTIONS 38.58 MND 38.59 :~DDING TO SUCCESSION OF AUTHORITY TO INCLUDE ALL COUNTY COMMISSIONERS, THE COUNTY CLERK AND THE DEPUTY COUNTY MANAGER; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes, Chapter 252 provides for emergency management for Florida counties; and WHEREAS, Florida Statutes, Chapter 252 has been amended from time to time and Collier County desires to have its existing Emergency Management Ordinance conform to the Florida statutory provisions; and WHEREAS, there is a need to clarify certain provisions of the existing Collier County Emergency Management Ordinance in order to better define the extent of the County's emergency management powers; and WHEREAS, certain issues pertaining to rendering outside aid and liability for the use of private property are being provided for herein; and WHEREAS, the intent of the following amendments is to ensure that Collier County is properly prepared in the event of a hurricane or other natural or manmade disaster; and N~)W, THEREFORE, BE IT ORDAINED BY THE BOARD OF COLSNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that Collier County Ordinance 84-37, as amended, is further amended as follows: SECTION ONE: Article m. Declaration of State of Emergency, Sections 38-56, through 38-70 of the Code of Laws and Ordinances of Collier County, Florida are amended as follows: Section 38-56. Intent. It is the intent of the county to designate a county official to declare a local state of emergency and to authorize certain actions relating thereto when a quorum of the board of county commissioners is unable to meet. For the purpose of this article, "emergency" is defined as provided in F.S. ch. 252, as follows: any occurrence, or threat thereof, whether accidental, natural or caused by man, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. AGENDA. ITeM i SEP 2 6 2002 Words underlined are added; Words :_'"-':?- '2--:ug.~- are deleted. (Ord. No. 84-37, § l) Section 38.57. Definitions. (I) "Disaster" means any natural, technological, or civil emergency that causes damage of sufficient severity and magnitude to result in a declaration of a state of emergency by the count)', thc .~c',cn~;, dr d~¢ .President ,~( ~l;c Ll;hcd ~.atc~. Dis.~crs Ollaii Dc id,;l~i, ii~:,l ,)V [ilc 5c',~FIl.', di resulting damage, as follows: (a} "Catastrophic disaster" means a disaster that will ~'cquire massive state and federal assistance, including immediate military involvement. (b)"Major disaster" means a disaster that will likely exceed local capabilities and require a broad range of state and federal assistance. (c) "Minor disaster" means a disaster that is likely to be within the response capabilities of local government and to result in only a minimal need for state or federal assistance. (2) "Division" means the Division of Emergency Management of the Department of Community Affairs, or the successor to that division. (3) "Emergency" means any occurrence, or threat thereof, whether natural, technological, or manmade, in war or in peace, which results or may result in substantial injury or harm to the population or substantial damage to or loss of property. (4) "Emergency management" means the preparation for, the mitigation of, the response to, and the recovery from emergencies and disasters. Specific emergency management responsibilities include, but are not limited to: (a) Reduction of vulnerability of people and communities of this state to damage, injury, and loss of life and property resulting from natural, technological, or manmade emergencies or hostile military of paramilitary action. Co)Preparation for prompt and efficient response and recovery to protect lives and property affected by emergencies. (c) Response to emergencies using all systems, plans, and resources necessary to preserve adequately the health, safety, and welfare of persons or property affected by the emergency. (d) Recovery from emergencies by providing for the rapid and orderly start of restoration and rehabilitation of persons and property affected by emergencies. A~31:I',JOA LTE M 2- N°'--~'~/:~ft ~ SEP 2 i 2002 Words underlined are added; Words :-'"-ok '.?.-':::g5 arc deleted. (e) Provision of an emergency management system embodying all aspects of pre- emergency preparedness and post-emergency response, recovery, and mitigation. (fi Assistance in anticipation, reco~maition, appraisal, prevention, and mitigation of regulation ol} public and pm'ate facilities and land use. 15) Emergency Management Deparm~ent means the County department created in accordance with the provisions of Florida law to discharge the emergency management responsibilities and functions of Collier County. (6) "Manmade emergency" means an emergency caused by an action against persons or society, including, but not limited to, enemy attack, sabotage, terrorism, civil unrest, or other action impairing the orderly administration of government. (7) "Natural emergency" means an emergency caused by a natural event, including, but not limited to, a humcane, a storm, a flood, severe wave action, a drought, or an earthquake. (8) The Director of the Office of Emergency Management is the county official having the responsibility to execute the emergency management plan in Collier County and shall hereinafter be referred to as the "Director". Section 38-~8. Officer designated to declare emergency. Pursuant to F.S. ch. 252, which authorizes the waiver of procedures and formalities otherwise required of political subdivisions to take whatever prudent action is necessary to ensure the health, safety and welfare of the community in the event of a state of emergency, when a quorum of the board of county commission is unable to meet, the chairman of the board of county commissioners, or the vice-chairman in his or her absence, and in the absence of the chairman and vice-chairman; the next County Commissioner in order of senioriW; and in the absence of any Commissioner; ~ the c, County Manager, in the absence of the County Manager; o~ ~: d::!~.:: :f the Clerk of Courts; and in the Clerk's absence the Deputy County Manager ir, ar.__e hereby designated and empowered to declare a local state of emergency whenever t~ the designated person , according ~o the above order of preference shall determine that a natural or manmade disaster has occurred or that the occurrence or threat of one is imminent and requires immediate and expeditious action. (Ord. 84-37, § 2) AGENDA 13'ELM I SEP Z 2002 Words underlined arc added; Words :~-':k '~:'_'g.h are deleted. Section 38-59. Extent of Statement of Emergency. A state of emergency shall be declared by proclamation of the chairman, or the vice chairman in his or her absence, and in the absence of the chairman and vice chairman: the nex~ Count~ ~'~)[]]llll~,~iOllor Ill OYdgr el' 3¢niorli',, ,.lllti Iit thc absc~l¢c et' .all\ ~OllUl'liSSlOllCri or b',, [tlc =t.~otlll[': mManager, in the absence o( the Count,,' Manager: the Clerk of (7our, s: and in d~e Clerk's abscncz: ~ ~: .... dc::i:3.~e: cf the Denutv Count>' Manager. The state of emergency shall continue tbr se~en ,,-t day's and may be extended in seven (7) day increments until the chairman, or vice-chairman in his absence, the next County Commissioner in order ofsenibnty, and in the absence of any Commissioner: Manager, and in the absence of the County Manager, the Clerk of Courts, and in the Clerk's absence; the Deputy County Manager finds that the threat or danger no longer exists and/or until an emergency meeting of a quorum of the Board of County Commissioners can take place and terminate the state of emergency proclamation. (Ord. No. 84-37, § 3) Section 38-60. Proclamation. A proclamation declaring a state of emergency shall activate the disaster emergency plans applicable to the county and shall be the authority for the use or distribution of any supplies, equipment, materials or facilities assembled or arranged to be made available pursuant to such plans. (Ord. No. 84-37, § 4) Section 38-61. Use of Public Facilities for Shelters. Public facilities, including schools, postsecondary education facilities, and other facilities owned or leased by the state or local governments, but excluding hospitals or nursing homes, which arc suitable for use as public hurricane evacuation shelters shall be made available at the request of the Emergency Management Director or Emergency Management Director's designee. The Director or the Director's designee shall coordinate with the appropriate school board, university, community college, or local governing board when requesting the use of such facilities as public hurricane evacuation shelters. Section 38-62. Power of Employees Rendering Outside Aid. (1) Whenever the employees of the County arc rendering aid beyond the territorial boundaries of the county, such employees shall 'have the same powers, duties, rights, privileges, and immunities as if they were performing their duties in the County. A(YEND~..~ITEI~, ' No._ n. SEP 2 2002 Words underlined are added; Words :~-':k '~.~-:::g~ are deleted. ~ Pg. (2)(a) The political subdivision in which any equipment is used pursuant to this section shall be liable for any loss or damage thereto and shall pay any expense incurred in the operation and maintenance thereof. No claim for such loss. damage, or expense shall be allowed unless an itemized notice of such claim under oath is sera,ed by mail or otherwise upon the chief fiscal officer of the expense ~s sustained or recurred. Lbl The political subdivision which is aided pursuant ~o th~s section snail also pay and reimburse the County for fiamishing such aid for compensation paid to employees furnished under fins section during the time of the rendition of such aid and shall defray the actual travel and maintenance expenses of such employees while they are rendering such aid. Such reimbursement shall include any amounts paid or due for compensation due to personal injury or death while such employees are engaged in rendering such aid. The term "employee" as used in this section means, and the provisions of this section apply with equal effect to, paid, volunteer, and auxiliary employees and emergency management services workers. The same shali apply for aid rendered to Collier County. Section 38-63,. Mutual Aid Agreements. (1) The County is authorized to develop and enter into mutual aid agreements within the state for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted. Copies of such agreements shall be sent to the Florida Division of Emergency Management. Such agreements shall be consistent with the state comprehensive emergency managen~ent plan and program, and in time of emergency it shall be the duty of the County to render assistance in accordance with the provisions of such mutual aid agreements to the fullest possible extent. Section 38-64. Compensation. (1) Compensation for services or for the taking or use of property shall be owed only to the extent that a claimant may not be deemed to have volunteered her or his services or property without compensation and only to the extent that such taking exceeds the legal responsibility of a claimant to render such services or make such property so available. (2) Compensation owed for personal services shall be only such as may be fixed by the Florida Division of Emergency Management. (3) Compensation for property shall be owed only if the property was commandeered or ITEM otherwise used in coping with an emergency and its use or destruction was ordered by the Coun . No.A_I~D~ . ' s' -'SEP 2 6 2002 Words underlined are added; Words ~ arc deleted. , Pg. (4) Any person claiming compensation for the use, damage, loss, or destruction of property shall file a claim therefor with the County utilizing the claim form attached hereto as Exhibit "A". (5) Unless the amount of compensation owed on account of property damaged, lost. or ,testroved is a~eed bem, eefl the claimant and the County. the amount of compensation shall be calculated m the same manner as compensation due fbr a taking ot'propet~y pursuant to the condemnation laws of th~s state except that ifa pan.',' making a claim pursuant to tins provision who disagrees with the amount of compensation offered by the Count',' shall bear its own costs and attorne' fees. (6) Nothing in this section applies to or authorizes compensation for the destruction or damaging of standing timber or other property in order to provide a firebreak or damage resulting from the release of waters or the breach of impoundments in order to reduce pressure or other danger from actual or threatened flood or applies to or authorizes compensation beyond the extent of funds available for such compensation. Section 38-65. Emergency Orders and Rules. All emergency orders and rules adopted by the County during a declared state of emergency shall have the full rome and effect of law after adoption when filed in the office of the Clerk of Courts or the designee of the Clerk of Courts. Section 38-66. Enforcement. The law enfomement authorities of the County and municipalities of the County shall enforce the orders and rules issued pursuant to Section 38.65 herein. Section 38-67. Liability. Any person or organization, public or private, owning or controlling real estate or other premises who voluntarily and without compensation other than payment or reimbursement of costs and expenses, grants a license or privilege or otherwise permits the designation by the County Emergency Management Depar~ent for use of the whole or any part of such real estate or premises for'the pm'pose of sheltering persons during an actual, impending, mock, or practice emergency, together with her or his successor in interest, if any, shall not be liable for the death of, or injury to, any person on or about such real estate or premises during the actual, impending, mock, or practice emergency, or for loss of, or damage to, the property of such person, solely by reason or as a result of such license AGF~ND~,JT E~ 6- No._._~ ',~fl__ Words underlined are added; Words c{r'::!: .~.~...:~:gu_ are deleted. SEP 2 ~ 200 privilege, designation, or use, unless the gross negligence or the willful and wanton misconduct of such person owning or controlling such real estate or premises or her or his successor in interest is the proximate cause of such death, injury, loss, or damage occurring during such sheltering period. Any such person or organization who provides such shelter space tbr compensation shall be deemed to bc Section 38-08. Authorized Emergency Measure~. In addition to any other powers conferred by law. upon the declaration of u state or' pursuant to this article, the chairman, or vice-chairman in his absence, or coumy manager m absence of the chairman and vice-chairman, may order and promulgate all or any of thc following emergency measures to be effective during the period of such emergency in whole or in part, and with such limitation and conditions as he may deem appropriate to protect the health, safety and welfare of the community: (1) Suspend or limit the sale, dispensing or transportation of alcoholic beverages, firearms, explosives, and combustibles. (2) Establish curfews, including but not limited to the prohibition of or restrictions on pedestrian and vehicular movement, standing and p~rking, except for the provision of designated, essential services, such as fire, police, emergency medical services and hospital services, including the transportation of patients, utility emergency repairs and emergency calls by physicians. - (3) Utilize all available resources of the county government as reasonably necessary to cope with the disaster emergency. Any single expenditure exceeding $50,000.00 shall be co- signed by the County Attorney or his or her designee. (4) Emergency management powers; pohtical subdivisions 1. To appropriate and expend funds; make contracts; obtain and distribute equipment, materials, and supplies for emergency management purposes; provide for the health and safety of persons and property, including emergency assistance to the victims of any emergency; 2. To appoint, employ, remove, or provide, with or without compensation, coordinators, rescue teams, fire and police personnel and other emergency management workers. (5) Declare certain areas off limits to all but emergency personnel. *- SEP 2 4 2002 Words underlined are added; Words sma~k-4at.~ are deleted. (6) Make provisions for availability and use of temporary emergency housing and emergency warehousing of materials. (7) Establish emergency operating centers and shelters in addition to or in place of those provided for in the county's emergency plan. roi ~Cial'e iha[ d~.Fill~ dll ClTi~r~clt,;~. il../,llaii DC alll~t'~~, ['ui alld ,.,il ot'I'c:l~c for an5' person nc use the ~resh water :uppiied bx' thc count',, or local munic~paliucs er other entines for any purpose other than cooking, drini~ng or bathing. (9) Declare that dUnng an emergency it si~all be unlawful and an offense against th~ count} for any person operating within the county to charge more than the normal average retail price for any merchandise, goods or services sold during the emergency. The average retail price as used herein is defined to be that price at which similar merchandise, goods or services were .being sold during the 30 days immediately preceding the emergency or at a mark-up which is a larger percentage over wholesale cost than was being added to wholesale cost prior to the emergency. (10)Confiscate merchandise, equipment, vehicles or property needed to alleviate the emergency, with the exception of emergency vehicles. Reimbursement shall be within 60 days and at customary value charged for the items during 90 days previous to the emergency. (Il)Preceding or duhng the emergency, the chairman, the vice-chairman, or in their absence, the manager, shall have the authority to request the National Guard or the Army, Coast Guard, or other law enforcement divisions as necessary to assist in the mitigation of the emergency or to help maintain law and order, rescue and traffic control. (Ord. No. 84-37, § 5) (12) Further, the County has the power and authority to waive the procedures and formalities otherwise required by law pertaining to: i. Performance of public work and taking whatever prudent action is necessary to ensure the health, safety, and welfare of the community. ii. Entering into contracts. iii. Incurring obligations. iv. Employment of permanent and temporary workers. v. Utilization of volunteer workers. N~Ei~D-A-J~TE'o. vi. Rental of equipment. a- SEP 2 h 2002 Words underlined are added; Words :~-:~ ~_..-:'_'gY. are deleted. vii. Acquisition and distribution, with or without compensation, of supplies, materials, and facilities. viii. Appropriation and expenditure 6fpublic funds. Section 38-69. Declaration, termination by board while in session. ~qt.'t]llllg in illlS drtlCl¢ Snali De COllStruccl (o limit ibc aulllorltv o1' illc ooard commissioners from declar:ng or terminating a state of emergency and taking law when sitting ~n regular or special session. (Ord. No. 84-37, .~ 6~ Section 38-70. Penalty for violation. Penalties.--Any person violating any provision of this Emergency Management Code or an3' rule or order made pursuant to this Emergency Management Code is guilty of a misdemeanor of the second degree, punishable as provided in Florida Statutes, Sections 775.082 or 775.083. Each day of continued noncompliance or violation shall constitute a separate offense. In addition to the foregoing, any licensee of the county found guilty of violation any provision of this article, or the emergency measures which may be made effective pursuant to this article, may have his license suspended or revoked by the board of county commissioners. (a) Nothing herein contained shall prevent the county from taking such other lawful action in any court of competent jurisdiction as is necessary to prevent or remedy any refusal to comply with, or violation of, this article or the emergency measures which may be made effective pursuant to this article. Such other lawful action shall include but not be limited to an equitable action for injunctive relief or an action at law for damages. (Ord. No. 84-37, § 7) SECTION TWO: INCLUSION IN THE CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section," "article," or any other appropriate word. SECTION THREE: CONFLICT AND SEVER,ABILITY In the event this Ordinance conflicts with any other Ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of the Ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the 9- SEP 2 2002 Words underlined are added; Words :~_':~ ~_..-::gF. are deleted. · SECTION FOUR: EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of State. PASSED AND DULY ,ad)OPTED by the Board of County Commissioners of Collier Count>'. ~lorida. :in~ __da)' ot' . ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: BY: JAMES N. COLETTA, Chairman Approved as to form and legal sufficiency: line Hubbard Robinson }ssistant County Attorney EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE ENVIRONMENTAL ADVISORY COUNCIL OBJECTIVE: To appoint 1 member to fulfill the remainder ora vacant term, expiring on April 13, 2003 on the Environmental Advisory Council. CONSIDERATIONS: This 9 member council acts in an advisory capacity to the Board in matters d~iing with the regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EIS) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Area of Critical State Concern/Special Treatment zoning overlays, areas of the county covered by interlocal agreements, any petitions which camnot be resolved between the applicant and staff. The membership will include technical and non-technical members. Technical members shall demonstrate evidence of expertise in one or more of the following areas related to environmental protection and natural resources management: Air Quality, Biology (including any of the sub-disciplines such as bot._a, ny, ecology, zoology, etc.), Coastal Processes, Estuarine Processes. H~?ardous Waste, Hydrogeology, Hydrology, Hydraulics, Land Use Law, Land Use Planning, Pollution Control, Solid Waste, Stormwater Management, Water Resources, Wildlife M.anagement, or other representative areas deemed appropriate by the Board such as, but not limited to, a representative of the development community. Members are required to file a Form 1 Statement of Financial Interest each year with the Supervisor of Elections. After initial appointments, terms are 4 years. A list of the current membership is included in the backup. Mr. William W. Hill resigned from the committee on July 25, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT CATEGORY DIST ELECTOR ADV. COMM: treatment COMMITTEE RECOMMENDATION: Qu_a~4-Judicial Council- no recommendation FISCAL IMPACT...: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION...: That the Board of County Commissioners consider the request for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 24, 2002 NO.~. ~-~-,~f- Memorandum To: Sue Filson, Administrative Manager Board of County Commissioners From: Joseph K. Schmitt, Administrator~ Community Development and En~lr.~lll~pntal Services Date: September 10, 2002. / ~/ ~ Subject: Environmental Advisory Council Listed below is the applicant for the Environmental Advisory Council. The applicant has been categorized in his area of expertise. John Dowd Retired -looking to fill the layperson category; MBA in Chemistry - experience with water and chemical treatment companies in marketing and business development. The Environmental Advisory Council does not review or recommend applicants because they sit as a quasi-judicial body. Community Development and Environmental Services Office of the Administrator Environmental Advisory Council F/ork Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Erica Lynne $14-2968 11/28/00 04/13/02 1.5 yrs 676 110th Avenue North 04/24/02 04/13/06 4 Years Naples, FL 34108 District: 2 Category: Technical-Ph.D. Engineering Ms. Alexandra Santoro 403-1858 04/11/00 04/13/04 4 Years 210 Riverwood Road 793-7878 Naples, FL 34114 District: 5 Category: Technical-Biologist Mr. Alfi'ed F. Gal, Jr. 262-8000 09/12/00 04/13/01 7 months 82 North Barfield Drive 389-0479 03/13/01 04/13/05 4 Years Marco Island, FL 34145 Category: Technical-Attorney; Energy & Env Studi Mr. Kenneth K. Humiston 594-2021 04/24/02 04/13/06 4 Years 324 Sharwood Drive 594-2030 Naples, FL 34110 District: 2 Category: Technical - Professional Engineer Mr. Ed Carlson 348-9143 08/09/99 04/13/03 4 Years 375 Sanctuary Road West Naples, FL 34120 District: 5 Category: Technical - Zoology & wildlife ecol Mr. William W. Hill 11/28/00 04/13/03 2.5 yrs 3655 Amberly Circle, A 102 774-4412 Naples, FL 34112 District: 1 Category: Technical-Ph.D. Biology Wedntsday, june 12, 2002 Page I of 2 ~ ~T ~'~, -- Environmental Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Lt. CoL Michael G. Coe 262-1818 08/03/99 04/13/01 2 Years 4552 Eagle Key Circle 7a2-0625 03/13/01 04/13/05 4 Years Naples, FL 34112 District: 1 Category: Non-Technical-Economics & History Mr. Michael V. Sorrell 571-7781 06/11/02 04/13/03 10 Mos. 1010 15th Street, S.W. 353-5932 Naples, FL 34117 District: 2 Category: Non-Technical - Owner Lawn Service Mr. Thomas W. Sansbury 403-6800 04/13/99 04/13/00 1 Year 840 River Point Drive #840 417-2053 04/11/00 04/11/04 4 Years Naples, FL 34102 District: 4 Category: Technical - Mgmt. This 9 member committee was created on 01/27/99 by Ord. No. 99-06 to act in an advisory capacity to the BCC in matters dealing with regulation, control, management, use or exploitation of any or all natural resources within the County, and the review of all land development petitions which require an environmental impact statement (EiA) per section 3.8 of the Code, all developments of regional impact (DRI), lands with special treatment (ST) or Areas of Cdtical State Concern/Special Treatment zoning overlays, areas of the county covered by interiocal agreements, any petitions which cannot be resolved between the applicant and staff. Terms are 4 years. FL ST.A T Staff.- Joe Schmitt, Community Development Administrator. 403-2385 Wednesday, June 12, 2002 Page 2 of 2 ~ ~ MEMORANDUM DATE: ; ::; .~ ~ August 19, 2002 ': TO: Elections Office ..~x/ J FROM: Sue Filson, Executive Manager. /],, Board of County Commi~ionerS-/-~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. ENVIRONMENTAL ADVISORY COUNCIL COMMISSION DISTRICT John Dowd 2999 Gardens Boulevard Naples, FL 34105 Thank you for your help. MEMORANDUM DATE: August 19, 2002 TO: Joseph IC Schmitt, Community De~opment & Environmental Services Administrator · FROM: Sue Filson, Executive Manage~ Board of County Commissione~t_~ RE: Environmental Advisory Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration- I have attached the resumes received for your review as follows: John Dowd 2999 Gardens Boulevard Naples, FL 34105 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774-8097. Thank you for your attention to this matter. SF Attachments Page I of I -./ EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO PUBLIC VEHICLE ADVISORY BOARD OBJECTIVE: To appoint 1 member representing the "Affiliated" category to fulfill the remainder ora vacant term, expiring on September 2, 2004, on the Public Vehicle Advisory Board. (~QN$1DERATIQNS: The Public Vehicle Advisory Committee has 1 vacancy due to a resignation- Three members must be holders of Certificates to Operate a motor vehicle for hire company in Collier County and two members who are in no way affiliated or associated with the vehicle for hire business. This 5 member committee reviews and approves; applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and reviews and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ordinance 91-93. Terms are 4 years. A list of the current membership is included in the backup. Mr. Bryan L. S. Pease (.Affiliated) resigned on July 19, 2002. A press release was issued and res~_~s were received from the following 3 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Niekolas Whimey Affiliated 3 Yes None Rose M. DePaula Non-Affiliated 3 Yes None George Cokorgianis Affiliated 3 Yes None COMMITTEE RECOMMENDATION: Quasi-Judicial - no recommendation accepted. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the requests for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commi~ioners Agenda Date: SEPTEMBER 24, 2002 AOsEND I M SEP 2 4 2O02 Memorandum To: Sue Filson, Administrative Assistant Board of County Commissioners From: Michelle E. Arnold, Code Enforcement Director Date: August 29, 2002 Subject: Candidates for Public Vehicle Advisory Committee Vacancy The resumes for the applicants listed below were reviewed and these meet the Vehicle for Hire Ordinance No. 2001-75, general classification requirements in the following categories: NAME CATEGORY Rose M. DePaula Un-Affiliated Nickolas Whitney Affiliated George Gokorogianis Affiliated If you need further assistance, please advise. We only have one seat unavailable and it is for an Affiliated person. So there, are only two qualified applicants. MEA/eh Code Enforcement Department Community Development & Environmental Services Division Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Dan Shriner 11/13/01 09/02/05 4 Years P.O. Box 770273 272-8361 Naples, FL 34107 District: 1 Category: Non-Affiliated Mr. William J. Csogi 10/26/99 09/02/00 1 Year 202 Woodshire Lane 435-115'/ 08/01/00 09/02/04 4 Years Naples, FL 34105 Category: Non-Affiliated Ms. Patricia M. Baisley 262-1312 06/08/93 09/02/96 3 Years 2725 70th Street, S.W. 649-0468 10/10/00 09/02/04 4 Years Naples, FL 34105 Category: Affiliated Mr Bryan L S Pease f¢3t~r~t q-°~61-5151 06/04/96 09/02/96 3 Months 1300 Wildwood Lakes Blvd. No. 2 08/01/00 09/02/04 4 Years Naples, FL 34104 District: 3 Category: Affiliated Mr. Eric N. Hyde 594-6017 05/23/00 09/02/04 4+ Years 548 Ibis Way 513-9311 11/13/01 09/02/05 4 Years Naples, FL 34110 District: 2 Category: Affiliated Mr. Allen B. Walburn 11/13/01 09/02/04 3 Years 925 8thAvenue South 263-8833 Naples, FL 34102 District: ~ 't"I Category: Non-Affiliated/ALTERNATE Thursdag;, November 15, 2001 Page 1 of 2 2002 Public Vehicle Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member and I alternate member was created by Ord. No. 86-4, re-established by Ord. 91-93, amended by Ord. 93-15 and Ord. 95-66 to review and approve applications for a Certificate to Operate, taxicab color schemes pursuant to ordinance, and review and make recommendations to the Public Vehicle Board (BCC) regarding issues related to the motor vehicle for hire business and regarding alleged violations of Ord. 91-93. Membership consists of 3 members who must be holders of Certificates to Operate a motor vehicle for hire company in Collier County, and 2 members who are in no way affiliated or associated with any holder of a certificate. Terms are 4 years. FL STAT Eta_~.' Michelle Arnold, Code Enforcement Director. 403-2413 Thursday, November 15, 2001 Page 2 of 2 · . , _ MEMORANDUM DATE: August 19, 2002 TO: Elections Office ~ FROM: Sue Filson, Executive Manager~,/\ ~ ~ Board of County Commissioners ~ RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointmem 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. PUBLIC VEHICLE ADVISORY COMMITTEE COMMISSION DISTRICT Nickolas Whitney 732 Lambton Lane Naples, FL 34104 Rose M. DePaula 8345 Big Acorn Circle #603 Naples, FL 34119 Thank you for your help. AOENDA ITF. M · 222 Industrial Blvd. · Suite # 186 · Naples, Fl. 34106 o 239-435-0000 To: Code Enforcement Atto: Maureen Kenyon From: George Cokorgianis Re: Code Enforcement Board of Directors To Whom It May Concern:  ~ the opportunity arises, I would like to be considered to serve on the Board of Code ~i~cement. ~: ~,~ ~ the proprietor of Naples Taxi for 2 years, have served as a Director for another ~_~ Transportation Company for an additional five years and owned and operated ~~iion service in eeadody, Ma. for 22 years- ~~~unate that my experience and knowledge has increased business that well exceeds '~i;' ~y last 2 years projections. This has been accomplished through providing a unique, ~l]~uu~scale'service that has been proven excellent for the Naples Community, ~: .: ~ I have full confidence that given the opportunity to serve on this well respected board, I can "',. "~ only be an asset and hopefully offer and exchange knowledge with other board members. ~.>,~x ~'''' .. '-.i- Thank you for your consideration and I look forward to a favorable decision. x~i. Sincerely, f./~ lpg2' ~'"George Cokorgianis  ~ ~ ,... ,,~ ...... .. : .: ...... MEMORANDUM DATE: August 19, 2002 TO: Michelle Arnold, Code Enforcemen~ ~Director FROM: Sue Filson, Executive Manager Board of County Commissioners ~M.) RE: Public Vehicle Advisory Committee As you know, we curremly 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: Nickolas Whimey 732 Lambton Lane Naples, FL 34104 Rose M. DePaula 8345 Big Acorn Circle #603 Naples, FL 34119 Please let me know, in writing within the 41 day time-frame, if the applicants are qualified to serve as members on the board, and I will prepare an executive sunmaary 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 SEP 2 20 2 ROSE M. DePAULA 8345 Big Acorn Circle ~603 .~ · Naples, Florida 34119 Home: 304-1838 Office: 272-4422 August 8, 2002 BY HAND Ms. Sue Filson Administration Board of County Commissioner's Office Naples, Florida Dear Ms. Filson: Enclosed herewith please find my resume for consideration for the vacancy left by Chairman Brian Pease on the Public Vehicle Advisory Committee Board. As a co-owner of ABC Transportation, Inc., I would welcome an opportunity to serve as a member of this Board. If you have any questions, or require additional information, please do not hesitate to contact me. Thanking you in advance for your consideration in this matter, I remain, Very truly yours, ;~"'~./" , ~ ,; ,, Rose M. DePaula ABC Transportation, Inc. Enclosure Rose M. DePaula 8345 Big Acorn Circle, ~603 Naples, Florida 34119 Home: 304-1838 Office: 272-4422 EDUCATION: 4/87--10187 New York City Police Academy, New York, New York. Law, Police Science, Social Sciences, Firearms Training. Graduated honors and marksman in firearms. 9/77---6/79 Katharine Gibbs School, New York, New York. Two-Year Liberal Arts Secretarial Program. Certified Graduate, Dean's Ust, Associates Degree. 9/73--6/77 Newtown High School, Elmhurst, New York. Honors Student, Student Organization Representative. ABILITIES: Typewriting--90 words per minute; shorthand--140 words per minute; excellent organizational, self- management, problem solving skills; business writing, Dictaphone, proficient in Word Perfect, Windows, Word, Excel, Outlook, Lotus, Lotus Notes, Palm Desktop. EXPERIENCE: 5/99--Present ABC TRANSPORTATION, INC., Naples, Florida Set up airport transportation business. Duties included incorporation, licensing, insurance, adheren,-- to airport and county guidelines. Handled all financial aspects such as company budgets, accou payable/receivables, billing, ledgers, journals, scheduling of ddvers, review of county meeting minutes, customer inquiries, coordination of large transportation needs for various customers; set up client databases; designed advertisements and informational brochures. 8198---5/99 PRUDENTIAL SECURITIES, INC., Naples, Florida Branch Administrator. Assisted the Branch Manager in the daily operation and administration of the office. Responsibilities included development of administrative procedures and ensure that procedures and guidelines are in compliance with SEC, NASD and company regulations; the passing of certain supervisory sections of internal audits; supervise support staff; liaison with Regional and Divisional office; human resource administration including, but not limited to, interviewing of potential candidates, maintenance of all personnel records including timesheets, vacation schedules, workers compensation, medical leave, testing and coordination of schedules for all broker trainees; handle and facilitate broker licensing and registration throughout the United States; facilities coordinator; developed and maintained budgets; held bi-weekly staff development meetings; scheduled travel arrangements throughout the branch. 4/96--5/97 BARNETT BANK, Naples, Florida 'Executive Assistant to the President/CEO. Initiated bdefing sessions to review mail, coordinate and update CEOs schedule; answered all correspondence and customer inquiries; reviewed, researched and prepared responses for reports; planned and organized FBA Annual Event and Leadership Florida Event; organized and attended all Board Meetings as Corporate Secretary; acted as liaison between Board Members and bank; maintained all records of corporate matters such as minutes and compliance in regulatory records; coached and developed support staff. 6189--4/96 Married, took time off to raise family. _~: ROSE M. DePAULA .~Z=ge Two 4/87---6/89 NEW YORK CITY POLICE DEPARTMENT, New York, New York Police officer on patrol in New York; nominated for Meritorious Award for outstanding police action in the line of duty. 10184--4/87 WACHTELL, LIPTON, ROSEN & KATZ, New York, New York Legal Secretary to Senior Managing Partner. Managed Senior Partner's calendar and travel arrangements; responsible for all client inquiries and correspondence; assisted in research and preparation of legal documents. Organized Annual National Bankruptcy Conference meetings in both Washington and Dallas. 2/81--1011N MICHAEL A. SCHWARTZ, P.C., New York, New York Legal Secretary. Assisted in preparation and filing of all legal documents; maintained court calendar and attorney schedules; answered correspondence and client inquiries; accounts payable/receivables; payroll; office management. 6/7~ 2/81 DELOITTE HASKINS & SELLS, New York, New York Executive Secretary to Partner in Charge of Administration. General secretarial duties including calendar, travel arrangements, correspondence, office meetings. Assisted in the preparation and development of Five-Year Personnel Forecast; organized firm wide annual budget process. REFERENCES: Available upon request Board of CounD' Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 / Application fol- AdvisoD' Committees/Boards Home~: 7~ ~~~ ~ ZipC~e: ~ ~/~ ~ Fax N~ ~ ~. ~//~ Bm~ P~: ~ ,~~ ~mafl ad~s:~/~t/~ / ~o/.~ Ca~o~ (if ~li~le): ~: ~n ~ ~r, e~men~b~ hy ~L etc. A~ you a ~~ voter h Co~r Con~: Y~ ~ No ~ yon c~n~ hold pubfic o~ce? Y~ No ~ ~ y~ n~ ~ or bye ~ ~r ~ on a Coll~ C~n~ h~ or ~m~? y~ ~ No ff~ ~e ~the ~~~: Please list your community activities (civic clubs, neighborhood associations, etc. and positions NICKOLAS E. WHITNEY, CCTM 732 Lambton Lane Residence: (941) 348-7776 Naples, Floriida 34104 E-mail: Niekbual~aoLeom PROFESSIONAL OBJE~~ Certified Commuility Tranaportation Manager seekin~ a senior level position with a Para-transit ~rioes and public transportation operations managem~ team that is looking for a proven Leader with an "Eye*' for de~ when it comes to sustaining and enhancing corporate viab'dity. CAREER SUMMARY Exeentive Director/General Mauager with well over 15 year~ ofprogrex~ely greater respons~ility in the functional areas of Business Development and Operational Managemem with a consistent focus on client relations. I combine contract management acumen with technology and financial development expertise to deliver formulas that "Impacts the Bottom-Line*'. I deliver swactur~ growth through ~'Innovafion", empower, mentor, and motivme developing leaders to achieve high perfonm~e levels. I maintain a proven track record for ~mr~oving passenger rider-ship and satisf~ion, safety performance, and decreasing average cost per trip. I excel in cultural climates of diversity and value differences. I deal effectively with ambiguity/conflict and thrive in fast paced - high stress environmenls and demonstrate expertise in the functional areas o~ · Operations Management H Market Peaetratiou · Sai~ and Mm'keting II DOT/Safety Operations · goreca~i~g & Strategic Pimming II Aeeounting and Budgets · Human Remmre~ LI Contract Procurement · Financial Management LI Public Relations A SAMPLE OF ACCOMPLISHMENTS AND ACHIEVEMENTS · Improved safety record (lower accident ratio) 16% and increased passenger lxips 24.4% for 1998. · Reduced average monthly cost per trip by 13%. · Spearheaded explosive growth/~uece~; achieved a 260% rate - improving annual rider-ship up to 175,000 from 67,000, Tech of Collier County, Florida EMPLOYMENT HISTORY Checker Cab of Col#er Coun~ Naples~ Florida Executive Dirmor 02100 - Pr~ent · Directs all facets of daily operations, which include the allocation, and coordination of both Human and Equipment resources - 60 cabs, 20 buses and over 100 employees. · Oversees Mmmger~ that develop and implement enhanced training and development programs · Provides marketing and training insm'ing State DOT and FTA Compliance. · Collaborates with the Board of Dlreetor~President/CEO and other Senior Execs, negotiations and collaborative effort with local comrmm~ leaders and officials NICKOLAS E. WHITNEY, CCTM TCT Transit services, North Charleston, South Carolina General Manager 08/98 - 01/00 · Managed $1.2 million budget and all contracted paratransit service for CARTA (Charleston Area Region Transportation Authority). · Provided safe and efficient transportation services for approximate monthly average of 6,300 passengers; staff development; maximizing budgeted dollars; customer satisfaction; administrative and accounting functions; vehicle maintenance and operational P/L. .· Performed Human Resources (HR) hired, oversaw training motivated the workforce, counseled and evaluated performance of four (4) supervisors and (31) drivers/office staff in providing 20- hour/7-day transportation services. · Oversaw and coordinated billing invoices, Tel-A-Ride statistics and vehicle revenue hours for 14 vehicles; prepare and submit monthly repons · Developed and implemented DOT compliance with PM ~heduling · Arranged implementing of new computerized paratransit software system Nash-Edgecombe Transportation Services~ RockF Mountt NC General Manager 06/97 - 05/98 · Managed Transportation Services for over 10,000 riders monthly, annual budget of $75,000 · Oversa~,v and supervised resource allocation of 35-40 employee~ and coordinated daily operations. safer3.' programs and maintenance of 25 vehicles, traveling 70,000 miles monthly' · Interacted with city. county, public and community ~oups _Tech of Collier Coun05 Florida Program Manager/Dispatcher 02/91 - 04/97 · Mana?d. tr.~ined and conrdinmed (40) ner~onnel in processin~ re.~erx'ations, dispatchi,.g. scheduling and maintaining vehicles fo/safety and efficiently transporting passengers · Oversaw S2.1 million annual budgets and participated in sec'urine of grants and funding through sales of service agreements: procured vehicles and equipment through sealed bids/RFO's. · Developed. implemented, coordinated and maintained customer sen'ice and safety programs: implemented management information system ' · Participated in County transportation workshop studies conducted by the University of Florida. Center of Urban Transit Research Beach and Is~and Cab Cornpan~5 Naples, Fl, Dispatcher 03/87 - 02/91 · Processed transportation requests and dispatched drivers to pick up passengers: checked personnel in and out. maintained trip logs and totaled daily receipts. Private Contractor, State of Missouri Travel Training Instructor 01/80 - 11/85 · Trained visually impaired students to negotiate public transportation systems; planned and conducted lessons to achieve maximum mobility and independence. · Secured public/private contracts to provide travel training; advised state and federal transportation issues. [_ Pg._ NICKOLAS E. WI:/ITNEY, CCTM PROFESSIONAL AFFILIATIONS · M~mber: Communi~ Tramponstion Association of Anm'ica · Mmber:. C~ advisory Committee to Naples MPO, 1994-97 Mmber: Immokalee Development Technical Advisory Comm~_~-, 1995 CERTIFICATIONS AND SPECIALIZF~D TRAI!NING · Co~m-ni~y Transportation Association of America (CTAA), Certified Communi~ Transit · Rider Sensitivity and Assistance Methods (RSAM), Course, 1996 · NTI ADA Para-mmsi~ Eligibility and Implementation, 1 · NTI ADA Complementary Para-transit Planning/Operation~ 1994 · Center For Urban Transit Research Workshops/Seminars: Substance ~buze Management Operators Management Courses COMMUNITY TRANSPORTATION ASSOCIATION OF A MERICA 1 I/10/9~ Pr~s Release "For Immediat~ Relca~c* Whitney Awarded National Certification Nickolas Whitney, Program Manager at Tech of Collier County - Community Tr'ansportation w-as designated u a Certilied Community Transit Manager (CCTiM) by Commurdty T~a. ns'portatJon Association ot' America (CT^A). The Ce~fled Community Transit Manager Program recogni~,es community transit manager; for specific skills they have acquired through experience, education and professional development and a passing sc, om on the certifica6on exam. Whitney through his over four years of' ~'rvice has cbsmonstrated proficiency in human resources, f'mance, opea-ations, and development of' transit programs. Two yeats in the making, th. is program is the first of its kind in the community transit industry. The program marks a giant sLep lo--yard in the pro£essionalism of community transit. Community tr~sportation is an es~ent.iaJ public service without which mi]Lions of Americans would be shut off from [he mainstream of' community life. Certified Community T~nsit Managers play a vi~ role in making tr'ansportaUon more accessible, affordable and available. CTAA is a national, professional membership a~socJaUon of more than 9.50 organizations and individuaJ$ committed m removing barriers to isolation and ~o improving mobility for all people, headquar~ in Washington, D.C. For more information, call Caryn Souza at (202) 628-1480. '9? John Z/mmerman Chei~e/~on D~: Ap~ 1~7 Jo Ann Hutchinson To: ~m h ~y C~: ~ffve Oi~ro~ r~ Of~ ~. B~ ~ prof~o~m and dedi~on to ~pro~ = --~pu~ ~em ~or the. " mo~i~ of~ of Ee for ~ ~s is ~lent. hSek and ~s ~g C~, ~va both b~ iO~e ~vo~tes for ~ofida's ~s~fion ~~~ ~ ~e ~ ~~ ~s d~i~ion by not o~y o~g ~ ~ ~ ~t by ~~ for ~fio~ ~& at the Sate I~g. As a re~t of~s ~e ~s, Hofida is one ora pro~ m ~ve ~~ ~ ~ ~d Ch~l who bom bo~ a ~mon~ ~d profe~o~ ~d~t truly ~~ ~e ~~ of mobiliS. It h ~ ~ m ~~ ~ ~ ~ C~ for ~y ~fioa ~ ~e ~it or p~ ~. ~ b~h have ~~ in ~g~en~ o~afions ~ ~ ~ ~ ~ ~ ia ~ for ~y ~~on ~ to m~. Th~ ~ w~ ~ ~d ~ ~ ~ ~ ~ ~ ~ ~e S~ l~el. ~ have ~ b~n r~fly ~ ~ ~ ~ ~ ~~ T~~°n ~~on of~'s C~fi~ ~g~ Ex~, the o~y ~~on av~le S~y, ~ve ~r ~ rme~t.M,$.40. Tailamase. FL 3Z~g-0450. Prene:(K~l)488~ . loO-4rmiaoo)~3.243~. TDOon~l~ · Mr. Nickolas Whitney Program Manager Tech of Collier County, Inc. P.O. Box 9409' Naples, FL 33941 Dear Mr. Whitney: I recently received a press release advising that you had recently been designated as a Certified Community Transit Manager (CCTM) by Community Transportation Association of America (CTAA). I wanted to take this time to personally congratulate you on your accomplishment. I understand that you are the first to receive this t~itle in Collier County. _~ur achievements in acquiring this desig;%ation are excellent. I am sure you will make all of Collier County, very proud. Keep up the good work! Once again, congratulations on all of your achievements. If I can ever be of assistance to you, please feel free to contact me. Very trul~ your$~ /' tty~'~atthews, Chairman ' Commissioner, District 5 BJM:sf COLLIER COUNTY GOVERNMENT METROPOLITAN' PLANNING ORGANIZATION 2685 SOUTH HORSESHOE DRIVE, SUITE 214 TRANSPORTATION PLANNING DEPARTMENT TRANSPORTATION SERVICES DMSION NAPLES, FL 34104 (941) 403-2310 FAX: (941) 659-5771 October 26, 2001 Nickolas Whitney 529 Mardel Drive Apt. 305 RE: ' Appointment to thc Citizens Adv/sory Committee (CAC) Dear .Mr. Whitney: I am please to inform you that at its October 26, 2001 meeting, the MPO Board voted unanimously to appoint you to serve as an At-Large representative to the CAC. Your three-year term will commence from that date. The next meeting of the CAC is scheduled to be held on November 14, 2001, 3:00 p.m., at the MPO Office located at 2685 South Horseshoe Dr/ye, Suite 211, Naples, Florida, in the Transportation Planning Conference Room. You will receive your agenda packet prior to the meeting. Please contact me at your convenience to schedule a meeting to discuss the CAC's role in the MPO process. We could possibly meet one hour prior to the November 14th CAC meeting if you so desire. Again, welcome to the CAC and I look forward to working with you in the future on this very important committee. Should you have any questions, please feel free to contact me. Robert M. Herrington IV[PO Manager R-Mit:tlc cc. Sally Barker, CAC Chairman James Caner, MPO Chairman NAPLES (COLLIER COUNTY) METROPOLITAN PLANNING ORGANIZATION DEVELOPMENT SERVlCES CENTER 2800 North HorlllhOe Or~ve N&ple& FlOdda 33942 ¢8~3) 643-63OO Suncom 723-8300 Fax (e13) e43.eo6e ~:':'~--~ October 3 ], ] 994 ' ' -: '- - --=-- ~ BOARD OF COUNTY COMMISSIONERS ]V[J'. Nicholas E. Whitney Community Transportation P.O. Box 8271 () .:. Naples, FL RE: Appointment to the MPO's Citizens Advisory Committee NAPLES CITY COUNCIL Dear Mr.,,...~,~: I am very pleased to advise you that the MPO has appointed you to a three year term on the Citizens Advisory Committee (CAC). Your experience and knowledge of the transportation needs of our community should prove invaluable to the Committee. FLORIDAoF TRANSPORTATIoNDEPARTMENT Generally, the CAC meets on the first Friday of each month at 10:O0 a.m. in the County Commission Meeting Room, however, the next meeting of the CAC will be a special Joint meeting of the CAC and the Technical Advisory Committee (TAC) at 2:00 p.m. on Wednesday, November 9, 1994. The primary purpose of the joint session will be to hear a presentation by the FDOT of the District's Draft Tentative Five Year Work Prosram. The Department will be specifically discussing their success at meeting the MPO's established unfunded priorities. We look forward to working with you in the future, and if you ever have any questions about the MPO planning process, you should always feel free to call me. 1~0 Coordinator ~' CC: Chuck Mohlke, CAC Chairman ,~'~~ METROPOLITAN 2545 Sou[h Hax~ EMPLOYMENT & REHABILFTAT~ON SERVICE SL Lou~, MO. ' ........ - 50 Years of Service. (314) 64; omcE~ .~..~4.~ Aor~] 24, 1991 ~ ~c~~ To W~om Th~s H~y Concern: ~"~ Z~ has been my D~easure ~o kno~ N~ck Wh~ ~ney on ~=~"~= ...professional as well a -~~ as a personal basis for the past twelve ~n ~m ~. years. Hr. W~itney worke~ ~or this agency as a Rehabilitation m~u~ [~stFuCtOr O~ ~u=.n...., a part-time basis for a period of approximately ~'~'~ two years During this time I found him to be well accepted by ...~r~.~ students anU col leagues, and competent as an instructor in ~u~ ~ndiviOual cane travel and group motivation He demonstrate~ =~""-~'~ a sincere interest in the best interests of his students and ~""*'~ exhibited a unique level of tenacity in solving problems that ~y H~ ~"'~"~ others might have quietly ignored ,. .:~. Since leaving the St. Louis area, i understand that .... ~ Whitney has gaine~ a considerable amount of business experience. ~. I believe this experience will augment his prior experience · .r~s,,~ human services thus providing a solid basis for supervisory or ~ T~coff :~.,o]~,~ management opportunities. Should you have specific questions ~~ concerning observations of Hr. Whitney or assessment o~ his ~D~ potentla] for a position you may be considering for him, you may ~"'~'m'~. reach me at (314) 647-7453 ~~ Si ncere~ y, ., . Annette Grove  Vice President 'AG:ct Fy[ DIGNT~F~Es PEOPLE SEP 2 ~ 2002 ~,.~ < S~? ~ ~ 2002 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL OBJECTIVE: To confirm 4 members representing various organizations and appoint 4 members to serve on the Emergency Medical Services Advisory Council. (20N$IDERATION$: The Emergency Medical Services Advisory Council had 3 terms expire on August 31, 2002, representing Commission Districts 1, 2 and 5. There is also a vacancy representing Commission District 4. This 11-member council advises the Board of County Commissioners on all aspects of emergency medical services, including the operational budget, level of service and equipment. Terms are 3 years. A list of the current membership is included in the backup. The terms for Tucky P. Ramsey (Commission District 2), Kathryn M. Godfrey (Commission District 5), and Fay R. Biles (Commission District 1) expired on August 31, 2002. The position for Commission District 4 has been vacant since August 31, 2001. A press release was issued and resumes were received from the following 5 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. Fay R. Biles Commission District I I Yes EMSAC & Utility Authority Michael Gera~hty Commission District 2 2 Yes None Tucky P. Ramsey Commission District 2 2 Yes WITHDREW - CANDIDATE FOR ELECTION John Dowd Commission District 4 4 Yes None Kate Godfrey-Lint Commission District 5 5 Yes EMSAC & Code Enforcement Bd. Stephanie Vick Collier County Health Department Confirm Confirm Jim McEvoy, Fire Chief City of Naples Gail A. Dolan Naples Community Hospital Confirm Deputy Gary Youn~ Collier County SheriiTs Dept. Confirm COMMITTEE RECOMMENDATION: TERM EXPIRATION District 1 - Dr, Fay R. Biles, Reappointment August 31, 2005 District 2 -No Recommendation August 31, 2005 District 4 - John Dowd, Appointment August 31, 2004 District 5 -No Recommendation August 31, 2005 NOTE: Section Seven (B) of Ordinance 2001-55 states "Terms of office for Board members shah be limited to two consecutive terms of service on any one Board..." Under (D) of the same section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in subsection (B) above may be waived". According to available records, Dr. Fay R. Biles has served two consecutive terms. Should the Board wish to re-appoint Dr. Biles, the limitations on two consecutive terms will need to be waived. FISCAL IMPACT: NONE NO. ~ ~ · GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioaers confirm 4 appointments representing the various organizations, consider the recommendations for appointment from the Emergency Medical Services Advisory Council, appoint members, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Sue Filson, Execmive Manager Board of County Commissioners Agenda Date: SEPTEMBER 24, 2002 Pg. ,:~ Memorandum To: Sue Filson, Executive Manager From: Barbara Brown, Administrative Assistant Date: August 29, 2002 Subject: District Vacancies The Emergency Medical Services Advisory Council met this week and has made the following recommendations for the Board of County Commissioners consideration: ~ District 1 - One application received for renewal (Fay Biles) the Advisory Board made a recommendation for placement of Ms. Biles. ~ District 2 - One application received (Dr. Michael Geraghty). Dr. Geraghty had previously resided in District 4 and due to the lack of Dr. Geraghtys participation. The Board made no recommendations. ~ District 4 - One application received (John Dowd). The Advisory Board made a recommendation for placement of Mr. Dowd. ~> District 5 - One application received for renewal of Kathryn Godfrey-Lint. No recommendations were made at this meeting. Due to the continued absence of Ms. Godfrey-Lint the Advisory Board would like to discuss her commitment to the Board before making a recommendation. Emergency Medical Services Advisory Council Worl~ Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Michael F.X. Geraghty 09/15/98 08/31/01 3 Years 501 Goodlette Road, Suite D-100 261-3756 Naples, FL 34102 District: 4 Category: Commission District Dr. Fay R. Biles 09/17/96 08/31/99 3 Years 1588 Heights Court 394-3089 12/14/99 8/31/02 3 Years Marco Island, FL 34145 District: 1 Category: Commission District Ms. Heather Rockcastle 10/10/00 08/31/03 3 Years 342 Pinehurst Circle 417-1192 Naples, FL 34113 ,.District: 1 Category: At-Large Mr. Robert D. Laird 11/01/94 08/31/97 3 Years 1765 Courtyard Way, 205-C 793-0933 10/10/00 8/31/03 3 Years Naples, FL 34112 District: 1 Category: At-Large Ms. Tucky P. Ramsey 06/13/00 08/31/02 2 Years 7515 Pelican Bay Boulevard, #1F 514-1599 Naples, FL 34108 District: 2 Category: Commission District Ms. Valerie Stolts 26:3-5068 06/I 1/02 08/31/03 1 Year 6320 Coach Light Drive 353-2982 Naples, FL 34116 District: 3 Category: Commission District Wednesday, June .12, 2002 Page 1 of 3 ~r"]~'lt~ ~ no. Emergency Medical Services Advisory Council Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Kathryn M. God~ey F,G. Boa 996935 ~ ~g ~' W~' 3~5..9645 Naples, FL District: 5 Category: Commission District Ms. Gail Dolan 262-$131 01/13/98 08/31/99 2 Years P.O. Box 413029 12/14/99 08/31/02 3 Years Naples, FL 34101 District: Od Category: Naples Community Hospital Deputy Gary Young 774-4434 09/17/96 08/31/99 3 Years 3301 E. Tamiami Trail 12/14/99 08/31/02 Naples, FL 34112 District: Category: Sheriffs Department Ms. Stephanie Vick 774-8200 02/27/01 08/31/02 1.5 Years 3301 E. Tamiami Trail Naples, FL 34112 District: (f--Category: Health Department ~ 434-4610 09/13/94 08/31/96 2 Years 735 Eighth Street, South 12/14/99 08/31/02 3 Years Naples, FL 34102 District: ,o~ Category: City of Naples Dr. Robert Zehr 348-4000 10/10/00 08/31/03 3 Years 1105 5th Avenue South Naples, FL 34102 District: Category: Cleveland Clinic A~.NDA rTEM Wednesday, June 1.2, 2002 Page 2 of 3 Emergency Medical Services Advisory Council Name Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 12 member committee was created by Ord. No. 80-80 to advise the Board of County Commissionem on all aspects of emergency medical services in Collier County, including the operational budget, level of service and equipment. This committee also reviews complaints and problems and recommends con-ective action. Terms are 3 years. Ord Amended on 10/10/00 to add a representative from Cleveland Clinic (Ord. 2000-70) F/. STAT Staff: Jeff Page, Emergency Medical Services DirectoF. 774-8459 June ]=, 2oo: P~ge 3 of 3 MEMORANDUM DATE: July 8, 2002 .... . - '...'.2; ;--~.'--,',.,i:~.~ D L:U~Li;;~; CO. FL. TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list t:he commission district in which each applicant resides. .- ~,., '., ' COMMISSION DISTRICT . ,, ~ Mr. Michael Geraghty. ~ 15405 Cedarwood Lane Naples, FL 34110 Fay R. Biles, Ph.D. ~ I 1588 Heights Ct. Marco Island, FL 34145 Tucky P. Ramsey 4~. ? 7515 Pelican Bay Blvd. #1F [~ ~ ..,~/~ >' Naples, FL 34108 Kate Godfrey-Lint Naples, FL 34120 Thank you for your help. MEMORANDUM DATE: August 19, 2002 TO: Elections Office ~ FROM: Sue Filson, Execmive Manager'x/} t Board of County Commissioners~ RE: Voter Registration - Advisory Board Appointments The Board of County Commi.qsioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. EMSAC COMMISSION DISTRICT John Dowd 2999 Gardens Boulevard Naples, FL 34105 Thank you for your help. 08/09/2002 10:25 9417754454 COllIER COUNTY ENS PAGE 02 DATE: June 7, 2002 Commissioner James D. Carter, Ph_D. Commissioner Donna Fiala Commissioner Samos N. Colctxa Commissioner Fred Coylc Commissioner Tom Hcnning FROM: Joan M. Colfer, M.D., M.P.H.(~ ~ Director ' , SUIIJECT: Emergency Medical Services Advisory Council I~EQUIRED: Response DUE DATE: June 21, 2002 l'he Hcaltla Department main~s a reprcs~tative on the Emergency MedicaI Services Advisory Com~cil. Our current r~pr~sentative is Stephanic Vick and her term expires during August of this year ¢2002). We ate requesthlg re-appointment of Ms. Vick as the Htmlth r~pr~ ~mtativc. The ]:.[ea~lth Department supports th~ raission of this group as it advises the Commissiormrs about matt~L~ related to Emergency Medical Services. We believe that i't is important to have varied perspectives when making decisioas that will affect an entire county population. We have appre~:iated thc opportur~ity to be advised and make recommcnd~ons regarding issues related to publi,: health con,ms, Plea~,. accept our submission of Stephanic Vick as the Health Department representative to the F.m~!.~ncy Medical S~ices Advisory Council, /MC/~nk 0~/20/2002 14:44 9417754454 COLLIER COUNTY EMS PAGE 82 Police & ~z~es,gency Services Department 35.5 Kiverside Circle, Naples, l:loricl~ 3410:2-5882 J~ne 18, 2002 08/0?/2082 10:15 9417754454 COLLIER COUNTY EMS PAGE 82 NCH Naples Campus North Collier Campus 350 Sewn~h ,S'I]~"~ N. :.:~u,-.~ 11190 Hea~pa~ Boulewrd Na~ ~a ~102 ~ ~ ~ ~110 System .1'tree 4, 2002 Emergency Mc~cal Services Advisory Council 3301 Fast Tm~aiam~ Trail 3~ Building Naples, FL 34112 To Whom it May Conccrm I und=rstand that ~s of August 31, 2002 my position on the EMSAC Committee cxpircs, Please a~c~-pt this letter as notification that I will still represent NCH Healthcare System after that date of expiration. If you have any questions, please feel fi:cc to contact me. Sincerely, ¥iee Pre~d~nt Ambulatory a~d Outpatient S~'vices 68/1,5/2882 i4:32 9417754454 COLLIER COUNTY ENS PAGE 02 MEMORANDUM m TO: Ms Faye Biles, EMSAC Chairperson FROM: Bob Burhans, Undersheriffc:~--- SUBJECT: Sheriff's Offi~ Member DATE: 13 August 2002 The Collier County Sheriff's Office designates Deputy Gary Young to continue as our representative for ~e next term of service on the EMSAC board, If we can be of any further service, please advise. A(~J4DA ~ j NO. c/¢. S~P 2 ~ ~ j MEMORANDUM DATE: July 8, 2002 TO: Mr. Jeff Page, Director, EMS Operations FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Emergency Medical Services Advisory Council As you know, we currently have five (5) 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: Mr. Michael Geraghty 15405 Cedarwood Lane Naples, FL 34110 Fay R. Biles, Ph.D. 1588 Heights Ct. Marco Island, FL 34145 Tucky P. Ramsey 7515 Pelican Bay Blvd. #1F Naples, FL 34108 Kate Godfrey-Lint 530 18th Ave. N.E. Naples, FL 34120 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 NO.. Q C_. _ 07d08/2002 12:32 9413483042 LARRY & KATE LINT PAGE 01 87./88/2082 12:32 9413483842 LARRY & KATE LINT PAGE 82 ,Jul.y 7, 2002 Ms. K~thr~n (l~te) God~=eY-T'4~t 530 18th. Ave., H.E. Hap~ea, Florida Phone (239)348-2~3! Ca~l (239)564-0092 Fax (239)348-3062 Board Of ~e= Co~y C~ss~rs ~. Sue F~s~,' ~cuZ~ve 3301 Ban: T~ Tra~l Naples, Flozi~ 3~l'12-~977 ~a= ~. Ftlson; ~clo~ed ~rein, plebe find my upda~ reeve~ ~d appli=a~i~ for ~he above~tioned c~t~ae. ~ I indicated ~o y~ ~ I spo~ ~o ~0u ~ J~e 27=h. of 200~. ~il has been~sdir~c=ed Co my old ~dress/Y.O, ~..~erefora, did not receive ~he pape~rk ~o ~elile for ~ ~=il Shoed y~ find ~ot~r c~di~te ~= has be~ter qual~ics~t~s · Please, feel free ~o su~= =heir n~ rater 2b~n l. ~ ~ve ~nutea ~d pape~ork rela=in~ ~o my ~e~ ~d ~11 8~d~ ~ ~h~ available Co :he n~t appo~cee. Sh~ld you ~ve ~y question p~eaeee Eeel free to contact T~ you for ~~ ~ to se~e the co~y c~ss~onere ~d g~ resid- ~ts of ~lliex C~ty. Sincerely ~a:e Godfr~y~int Encl: NO. 2 4 2 .D2 07/08/2082 12:32 9413483842 LARRY & KATE LINT PAGE 84 Board of County Commissioners 3301 Emt Tamisn~ Tr~ Naples, ~ ~112 Application for Advisory Committees/Boards · ¢ ~.~e;~-~. ,,... ~d~,-,,, {'-x~+,7~ Tn. · .z~m#e: On. mi.i~. DI~ ]lZe~l~aw, e~r.-~ I~y ~ eec./ ~ yom · regia~red voter hn Collier Commy: Do yo. currently hold pablic office: Yes S~? 2 ~ 2002 pg. l& _ 12:32 9413483842 LARRY & KATE LINT PAGE 03 JanUary 25,2001 Hfs, Kate Cod~ray-L~nt 530 18th. Avenue~ Naples, Florida 34120 Pho.e. Bo~: ~tcht~a, ~gusg 2~, 19~8 ~ducacion: Private Schools until Senior Year. Graduated Wichita Right West. TBH Courses - Electrical Ensiueerin$ (mlnor) ~ake Tach. Community College, HS,-DOS, LoCus 1-2-3, Typing, Employment: 1972 Legal secratar~ & Reception/st. 1972 - 1976 New York Underground Facilities, ~h~lmtun Security Records FactLtty. Personal ~d to C~/Prestdent. 1977 - 1978 T~p. Employee IB~ Coronaries, Purchasing ~part~n~. 1978 - 1994 Pe~. ~loyee I~ Co~po~ati~, ~C Security. 1994 - 1998 Retired Co Naples, Florida 1998 - 1999 Resigned due to Cewical Surge~ ~o repair cwo disc's from i~luries s~C~ned dur~g ~ assault in ~s~ 1998. ~ ~orked ~d never ~ssed ~e hearing when on ~he South ~de ~forc~nc, B~d. ~~ty Actt~ctes; Napes C~ity Hospital l~. Febr~ to p~esent. Code E~orce~nt Board South - Suns~ned Feb~a~ 12th. 1999. ~dto ~ad Beauctfftcat~on Co~t~ee. ~si~ed tn Auaust of 1999 ~en [ sold my h~e ~d ~Ved ~t of the district, ~ various c~Ctees in the Recreatt°n: Ra~.se Orchids, Gardening, BoaC/ng, A~c, ScuZ, pctng, Cooking, Fishing 06/24/2082 01:48 19412~17791 THE FAMILY INSTITUTE PAGE 01 3301 E~I T~iemi Trail. NN:~e, Flodda ~4112-4977 Di~ 1 J~C 14, 2002 F~d W. ~ SOl ~o~c~c Ro~ S~ D-~O0 ~ ~ I', I~ ~ '~ -- ~ Yo~ te~ on ~e a~w-~enc~ adviso~ co~i~e~ expb~s on August 31, 2~2, ~ ~ acco~ce ~ ~, Adviso~ Bo~d ~licy, ~, ~clos~d press ~1~ h~ b~n ~em to ~e app~p~ate ne~ m~ia. I- We ~p~cia~ ~ ~e ~d ~on ~ou ~ve put into ~ activities of ~is advi~ co~e ~d ~d ]ik~ to ~se you ~at you ~ eligibl~ for ~ppoin~nt. lf~u ~ to ~ considered ~o~er te~, ple~e sub~t ~ updated r~ume ~d a le~r in~ca~g yo~ ~t~st m _ Sincerely, S~ Filson, Ex~ufive M~g~r Bo~d of Co~ Commi~io~ /sf . ~~ ~ Enclos~ ~: ]effPage, EMS RECEIVED fiUL 0 1 2002 AGENDA ITEM ~ard of Cou~t~ Commissioners cr ~:P 2 ~ 2002 86/2.4/2882 81:48 19412617791 THE FAMILY INSTITUTE PAGE 82 Board of County Commissioners ~ 3301 East Taminmi Trail Nnple~, FL 34112 (941) 774-8097 Fax'. (941) 774-;~02 Application for Advisory Committees/Boards Slit: 0~' ~/~//~ ~/~ ~~ ~ ~ ~lll. r~lllll: ~"ff ~-j' ''~ '~ .0...~.. /~ /2~ x' f ~ ¢ ~ ~ ..z, C.d.: "3. F/ ' / Ar~ ym~ · rq~a~r~d vot,r ia C~11i~r Co~mty: ¥~ Do yaa curr~atty I~old pablie o~¢? ¥~a Please bt your commuity activities (civic clubs, neighborhood associations, etc. nad positions ~/7/~, ~.-.- . Board of County Commissioners  3301 East Taminmi Trail ~.~/ ~ECE~;VE~ Naples, FL 34112 . (941) 774-8097 Fax: (941) 774-3602 Boa~'d of Couar..~ Comn~ssion~rs Application for Advisory Committees/Boards aoard or Committ.e Appaed for: ~-m~'"3 ~'~f m~-~-~ Catego~ (if a~li~ble):. ~e: Comma ~ ~r, e~ironmen~ hy ~ et~ A~ you a re~d voter ~ Co~r Co~: Yes ~ No Do you currently hold public office? Yes No if ~ ~at b that ~e? ~ y~ n~ ~ or ~ve y~ ~er ~ on a C~ C~n~ ~ or ~~? Y~ ~ No Please list your community activities (civic clubs, neighborhood associations, etc. and positions Education: ~,~. Pg. ~:,~,~ Please attack any additional information you feel pertinenL This application should be forwarded to Sue PTison, Executive Manager to the Board of Cmmly Commissioners, 3301 East Tamiami Tral~ Naples, FL 34112. If yo~ wisk, please fax ytmr t~oplic~on to (941)774-3602 or e-mailto suefd~on('~colliogov, n,e Tkankyoufor ~n~mUewing to serve the ,-i~,ms of Collier Cmmty. BIOGRAPHICAL SNAPSHOT _EDUCATIONAL ACHIEVEMENTS B.A. Duke University High School Teacher M.A. Kent State University University Instructor to Full Professor Ph.D. The Ohio State University University .Vice President SIGNIFICANT ACTIVITIES Received Distinguished Teaching Award, Kent State University, Named Professor Emeritus. Vice President for Public Affairs and Development following shooting tragedy, 1970, Kent State University as the first woman Vice President in Ohio. Voice of Kent State in rebuilding funding, S,000 students, image of KSU. Won l? national awards. Inducted to Ohio Women's Hall. of Fame As President of the American Alliance for Health, Physical Education, Recreation and Dance developed and introduced Jump Rope for Heart in conjunction with the American Heart Association for research and prevention. Has raised $400 million dollars since 1980. National Award for Merit and Service, American Heart Association Served sixteen years on the United State Olympic Committee as Chair of the Olym- pic Education Committee serving schools, youth, and Olympic Sports' Bodies. Received Olympic Award for Service. Professor, Olympic Academy, Greece. Served as Vice president for North America for the International Council for Health and Physical Education. Was delegate for the U. S. State Dept. to UNESCO for three years. Only woman to deliver keynote address at a World Congress in Israel. FLORIDA ACTIVITIES Received highest honor, "Woman of Change" Florida American Assoc. University Women (AAUW) Board of Directors, Cleveland Clinic, Naples, Florida Director, Foundation, Florida Gulf Coast University, Board, Renaissance Academy Board of Directors, Corporate Secretary, Community Foundation of Collier County Chair, Collier County Water and Wastewater Authority President, American Association of University Women (AAUW) Marco Island Director for Program, AAUW, State of Florida President, FAVA Associates, Consulting Firm, Leadership Skills. t~--~ President, Marco Island Taxpayers Association (MITA) AGENDA ITEM 2 2002 TUCKY P. RAMSEY 7515 PEUCAN BAY BOULEVARD JUL.0~ ~ 200~Z #1F NAPLES, FLORIDA 34108 -- ---,~ viilali~°JfC~-~¢~r~'§~'~tti~F: TELEPHONE: (239)514-1599 FAX: (239)592-7313 E-MAIL: JUNE 30, 2002 Ms. Sue Filson Executive Manager Board of County Commissioners Board of Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112-4977 Dear Sue, I am most definitely interested in continuing service with EMSAC. This has been a challenc~in time for EMSAC and continues to be. We are in the process of reviewing and revising Laws and procedures that I believe will allow for a more efficient and cost-effective delivery of service. I have enclosed my Resume with an updated separate sheet listing my Community Involveme in the last three years. Please note that I am now serving as the Vice-Chair of EMSAC. I shall await notice from you. Many thanks. Cordially, .,-'P 2 g - TUCKY P. RAMSEY 7515 Pelican Bay Boulevarck #1 F Naplcs. Florida 34108 (941) 514-1599 Fax: (941) 592-7313 ' E-Mail: ~:~"~,:...-'5-~:7:.,z~.:-:. ~:-:~.: , Curriculum.Vitae Objective: -'TO pax~ipate in the. community utilizing skills previously -demo~exl in the community from Which I came tomeet tile challenges and concerns of Collier County. Education: 1971 Loyola College, Baltimore, Maryland .B.A. Cum Laude Recipient: Education Medal 1973 Loyola College, Baltimore, Maryland ~M.Ed. Special Education and Program Administration 1975 Johns Hopkins University C.A.S.E. Certificate of Advanced Study in Education Professional Experience: 1970-78 Executive Director, The Orton Society A national organization devoted to the study and treatment of learning disabilities. Consultant to School Systems and Parent Groups throughout the 1972-78 Diagnostician and Remedial Specialist t973 Founded and opened the lemicy School, a day school for dyslexic and learning disabled students. 1978 Founded and opened the Hannah More School, a residential and day facility for emotionally handicapped adolescems. 1978 Candidate,House of Delegates, State of Maryland. Polled 4th in a field of 9 for 3 seats. 1978-80 Director, Office for Children and Youth, State of Maryland ~.NDA n~M 1980-81 Owner, Tanjibar. a crat~ gallew NO. E2P 2 4 2~32 Pg. ;;;;),.3 982-95 Founder and CEO~ PRESENTING BALTIMORE. INC., a destination management company, providing a fi~ll range of meeting planning and special event services to local and national corporations and associations convening in the Baltimore. Annapolis and Washington, D.C. area. Community Involvement: 1958-70 Board, Big Brothers & Sisters of Baltimore 1960-64 Board, Childrens Guild 1962-70 Board, Young Associates, Baltimore Symphony Orchestra. Initiated Tiny Tots Concerts 1962-69 Board, National Conference of Christians and Jews. 1969-7] Member, Commission on Dyslexia 1975-77 Member, Commission for Funding Special 1974-80 Education Chair, Baltimore County. Coalition For the Handicapped 1988-90 Member, Task Force to Study the Future of Teacher Education ! 984-99 Board. The Advertising and Professional Club of Baltimore 1991-95 Treasurer, Baltimore City Chamber of Commerce 1996-99 Board, The Hannah More School 1996-99 Board, The Women's NeVa, ork, Naples 1998-99 Masters Leadership Collier 1999-present Development Committee, Habitat For Humanity. Naples 1999-present Long Range Planning Committee, Friends of Art.. Naples 1999-present Board, Immokalee Child Care Center 1998-present Committee, Hope for Haiti, Naples AWARDS: 1973 Education Medal, Loyola College 1977 Woman of the Year, National Council of Jewish Women 1984 Humanitarian Award. Jimmie Swartz Foundation 1986 Outstanding Citizen Award, Big Brothers &Big Sisters 1994 Humanitarian Award, Fullwood Foundation 1996 Top 100 Women in Maryland, Warfield's Business Journal 1999 Humanitarian Award, Boys & Girls Clubs of Maryland TUCKY P. RAMSEY 7515 PEUCAN BAY BOULEVARD #1F NAPLES, FLORIDA 34108 TELEPHONE: (239)514-1599 FAX: (239)592-7313 E-MAIL: ADDITIONS TO RESUME: COMMUNITY INVOLVEMENT: 1999- BOARD, GREATER NAPLES LEADERSHIP 2000-2002 VICE-PRESIDENT, ALUMNI AFFAIRS, GNL 1999- EMERGENCY MEDICAL SERVICES ADVISORY COUNCIL 2001- VICE-CHAIR, EMSAC 2002 NOMINATED AND SELECTED, LEADERSHIP AMERICA 2000- CHAIR, MARYLAND FBI CITIZENS ACADEMY FOUNDATI; 2001- CHAIR, DEVELOPMENT COMMITTEE, LORENZO WALKE~ INSTITUTE OF TECHNOLOGY FOUNDATION 2002 CANDIDATE, COLLIER COUNTY SCHOOL BOARD, DISTRICT 2 MEMORANDUM DATE: August 19, 2002 TO: Jeff Page, EMS ~ ~ FROM: Sue Filson, Executive Manager //~'a ' Board of County Commission ~.~ RE: Emergency Medical Services Advisory. Council As you know, we currently have vacancies on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: John Dowd 2999 Gardens Boulevard Naples, FL 34105 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-t~ame, 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 I~10. ~ ~. ;p,. '"1 EXECUTIVE SUMMARY APPOINTMENT OF MEMBER(S) TO THE VANDERBILT BEACH BEAUTIFICATION MSTU ADVISORY COMMITTEE OBJECTIVE: To appoint 1 member to fulfill the remainder of a vacant term, expiring on November 13, 2004 on the Vanderbilt Beach Beautification MSTU Advisory Committee. CONSIDERATIONS: The Vaaderbilt Be~ch Beautification MSTU Advisory Committee was established on July 31, 2001 by Ordinance No. 2001-43. This 5-member committee will aid and assist the BCC in carrying out the purposes of the MSTU, to prepare and recommend to the BCC an itemiTed budget for the MSTU and recommend work programs and priorities to the Coumy Manager. Members must be pernmncnt residents wit~hin the MSTU. A~er initial appointments, terms will be 4 years. A list of the current membership is included in the backup. Mr. Frank Halas resigned his position on June 17, 2002. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT CATEGORY DIST ELECTOR ADV. COMM. William B.F. line Resident 2 I Yes None COM~tlTTEE RECOMMENDATION: Charles C. Arthur FISCAL 13~ACT: NONE GROWTlt MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confaming the appointments. Pr~par~l By: Sue Filson, Executive Manager Board of County Commissioners Ageada Date: SEPTEMBER 24, 2002 _ Memorandum To: Sue Filson, Executive lianager Board of County Commissioners From: Bob Petersen, Project .Manager Transportation landscape Maintenance Date: September 5, 2002 Subject: New Vanderbilt Beach Beautification MSTU member The Vanderbilt Beach Beautification MSTU held a specially scheduled meeting on September 4, 2002 at 2:00 p.m. in the Veterans Park Community Center. At this meeting the committee considered the resumes of 2 applicants, Charles C~ Arthur, and William B. Eline. The committee felt that both candidates were qualified, but felt that Mr. Arthur's qualifications would better meet the needs of the committee. It was the unanimous decision (3 to 0) of the committee present to recommend Charles C. Arthur for appointment to the open position on this committee to the Collier County Board of County Commissioners. cc: Michael A. E~tamaki, P.E. Road Maimenance Director Edward J. Kant, P.E. Transportation Op~ralions Director Pg. _ Transportation Operations Department Vanderbilt Beach Beautification MSTU Advisory Committee Wor~ Phone Appt'd Exp. Date Term 'Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Frank Halas 11/13/01 11/13/04 3 Years 405 Flamingo Avenue 592-9969 ~ Naples, FL 34108 District: 2 Category: Resident Ms. Betty Jane Savard-Boyer I 1/13/01 11/13/03 2 Years 479 Palm Court 594-1977 Naples, FL 34108 District: 2 Category: Resident Mr. Richard E. Lydon 11/13/01 11/13/05 4 Years 450 Tradewinds Avenue 597-2746 Naples, FL 34108 District: 2 Category: Resident Ms. Carol Wright 01/08/02 11/13/03 2 Years 9362 Gulfshore Drive 597-9503 Naples, FL 34108 District: 2 Category: Resident Mr. Alvin Martin, Sr. 01/08/02 11/13/04 3 Years 9790 Gulfshore Drive, 0306 514-3067 Naples, FL 34108 D~irlct: 2 Category: Resident Thursday, JUne 20, 2002 Page I of 2 NO. ~ ~ · Vanderbilt Beach Beautification MSTU Advisory Committee Work Phone Appt'd Exp. Date Term Name Home Phone Date~Re-appt 2ndExpDate 2nd Term This 5 member commitl~e was established on July 31, 2001 by Ordinance No. 2001-43 to aid and assist the BCC in carrying out the purposes of the MSTU, to prepare and recommend to the BCC an itemized budget for the MSTU and recommend work programs and priodlies to the County Manager. Members must be permanent residents within the MSTU. After initial appointments, terms will be 4 years. FL STAT Chapter 125, 165 & Staff.- Ed Kant, Transportation Operations: 774-8494 June 20, 2002 Page 2 of 2 '-~ MEMORANDUM DATE: July 8, 2002 TO: Elections Office FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider the following individuals for appointment to one of the county's advisory committees. Please let me know if those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. COMMISSION DISTRICT Charles C. Arthur 239 Channel Dr. Naples, FL 34108 William B. Eline 11030 Gulfshore Dr. #904 ~ ~ Naples, FL 34108 Thank you for your help. i MEMORANDUM DATE: July 8, 2002 TO: Mr. Ed Kant, Transportation Operations Director FROM: Sue Filson, Executive Manager Board of County Commissioners RE: Vanderbilt Beach Beautification MSTU Advisory Committee As you know, we currently have one (1) vacancy on the above-referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Charles C. Arthur 239 Channel Dr. Naples, FL 34108 William B. Eline 11030 Gulfshore Dr. #904 Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive 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 "" 0 7 2002 i i Board of County Commissioners ~01 East Trail Naples, FL 34112 (941) 774-8097 Fax: (941) 774-3602 ~oira of Cuur,~ Application for Advisory Committees/Boards ~ or Co~ A~o~ for:n Ca~e~ (if ~ulic~le): ~ you a ~ter~ your ~ Collier CounW: Y~ ~ No ~ yon enmn~ ~, what Is ~at office? yea ao~ Please Iht your community activities (civic clubs, neighborhood associations, etc.' and positions bi: ~. _ -~'~ Plea~ ~n~lt any ~,,nal iafornul~n you feel ~ Ti~ applh~ton sbould befot, wttrded to ,~tte FU.~on, F~c. et~,e Mm~ger to tl~e Boa~ of Ca~nty Comml~l~nert, $$01Ett~t F~.~httnl TrOd, N~, FL $4112. If you wish, please fax your ~l~Pl~eation to (941}774-$602 or e-.n~ail to sue~lsort~'d~coilier~ov.n~ lluml~ you fot volunteer~ng to ~erve the c~t~z, tm of Coltier Pa. ~ RECEIVED JUN 2 7 Trail Naples, FL $4112 (941) .... 774-8097 Fax: (~1) 77~02 ....... Application for Advisory Committees/Boards Name: ' '~J ltome rzoae: ~/1- ~'"~/- 1~ ~ ~ Fax N~ ~~ ~e:.. ~ ~ i~ mmfl add~: Board or Committ~ koblJed for' / Category (if applicable): -._.. .-_..-. ,Are you a registered voter in Collier County: Yes ~ No Do yom cmrreotly kold public office? Yes No ~ lfao, what tm that office? Do ~ ~erw, or have you ever aerv~l, on · Collier County board or eommittee: Yes No If yes, plmme list the commitl~oards: Plmmse list your community activities (civic dubs, meighborhood associations, etc. mad positions held: 9'"'"9 SEP 2 ~ EXECUTIVE SUMMARY DISCUSSION REGARDING AMENDMENTS TO RESOLUTION NO. 94-136 ESTABLISHING GUIDELINES FOR RECEIVING RECOMMENDATIONS FOR APPOINT~IENT OF MEMBERS TO ADVISORY COMMITTEES AND QUASI- JUDICIAL BOARDS ~ To revise the guidelines for receiving recommendations for appointment of members to advisory committees and quasi-judicial boards. I~QN$IDERATION; During the Board meeting on September 10, 2002, the Board directed staffto place an item on the September 24, 2002 agenda for discussion regarding recommendations for appointment to committees. It was the intent of the Board to revise Resolution No. 94-136 to require the current membership of the respective committees to interview all applicants and make a subsequem recommendation to the Board of County Commissioners. A copy of Resolution No. 94-136 is provided for review and consideration. FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION; That the Board of Coumy Commissioner review Resolution No. 94-136; direct the County Attorney to make any appropriate changes; and, direct the County Manager to provide a copy of the revised resolution to all staff liaisons to review with their respective committees or boards. SUBMITTED BY: SUE FILSON, EXECUTIVE MANAGER TO BCC AGENDA DATE: SEPTEMBER 24, 2002 RESOLUTION NO. ~ ~"R~'~LUTION ADOPTING A FORMAL POLICY ESTABLISHING GUIDELINES FOR RECEIVING RECOMMENDATIONS FOR APPOINTMENT OF MEMBERS TO ADVISORY COMMITTEES AND QUASI-JUDICIAL BOARDS. WHEREAS, the Board of County Commissioners has established various advisory boards and quasi-judicial boards to assist in various facets of county business and ~unctions; and WHEREAS, members are appointed to the ~arious advisory committees and quasi-judicial bo. ards by Resolution of the Board of County Commissioners; and WHEREAS, the Board wishes to establish a policy and set fo_--nh guidelines regarding the recommendation process for me~-rship on advisory committees and quasi-judicial board~. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following .:i guidelines are hereby established for Board of County ~ :. Commissioners receipt and acceptance of recommendations from ~rious advisory committees and quasi-judicial boards for ..pointment of members to such committees or boards: 1) Recommendations will be accepted by the Board of County Commissioners for appointments or reappointments for vacancies cn advisory committees from the current membership of the commit=ee- An advisory committee shall be allocated 41 days after notification from the Board office to submit in writing their recommendations to the B~rd of County Commissioners for T. he appointment or reappointment of members to such committee. 2) The County Staff is to review and categorize the { applicants in area~ of expertise and assure that the applicants possess the minimum position requirements for the appoin=nenn zhey a e seeking r . 3) The following Boards are included in the category of Quasi~Judicial Boards and no recommemdations will be accepted cr considered from such boards regarding appointments or , reap~oin~ments for vacancies on such Boards: ~.~ S 2 2002 .a. Board of Building Adjustments and Appeals b. Collier County Code Enforcement Board c. Contractor's Licensing Board d. Public Vehicle Advisory Committee This Resolution adopted after motion, second and majority DATED: March 1, 1994 A~proved ~s' to form and leg&'1{ 'g~.~f iciency: Kenneth S'. Cuyl~.~v' County Attorne~ EXECUTIVE SUMMARY APPOINTMENT OF MEMBEK(S) TO THE EDUCATION FACILITIES AUTHOKITY OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on September 24, 2006 on the Educational Facilities Authority. CONSiDERATIONS: The Educational Facilities Authority had 1 term expire. This 5- member authority was established by the BCC on March 23, 1999 by Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 to transact any and all business and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax-exempt financing of its now administrative/classroom facilities planned for the Northbrook College PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. A list of the current membership is included in the backup. The term for Alice J. Carlson expired on March 23, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT: Alice J. Carlson - requesting reappointment COMMITTEE RECOMMENDATION: Alice J. Carlson FISCAL IMPACT: NONE GROWTH MANAGEMENT IMPACT.: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confu'ming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 24, 2002 AC.,Et~O~ ~ September 5, 2002 Via Fax 774-3602 Sue Filson Colher County Courthouse, Building"F" 3301 Bast Tamiami Trail Naples, FL 34112-4977 Re: Collier County Industrial Development Authority and Educational Facilities Authority; Appointments Dear Sue: Alice Carlson's terms on thc IDA and EFA have expired, and Ms. Carlson desires to be re-appointed- I understand she has submitted thc necessary application. She has served as the Secretary of the IDA and as Chairman of the EFA for several years, and both Authorities recommend her re-appointment. I understand you have initiated a press release informing the public of these vacancies. At the close of the application period, please place this matter on the Board agenda. Iwill prepare, in advance of the meeting, a resolution of appointment. I will also prepare the Oath of Office, and take care of necessary fiJjng With the Secretary of State. I/you have any questions, or ifI can provide further information, please give me a call. Very truly yours, Do~~d A. Pir.,kworth cc: J.R. Humphrey, Chairman, IDA Susan Pareigis, Executive Secretary, EDC , 2 4 2002 Educational Facilities Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Mr. Ross P. Obley 263-6921 03/23/99 03/23/01 2 Years 802 Siashpine Court 06/12/01 06/12/05 4 Years Naples, FL 34108 District: Category: Mr. John Agnelli 343-5888 03/23/99 03/23/00 1 Year 2900 South Horseshoe Drive 06/12/01 06/12/05 4 Years Naples, FL 34103 District: Category: Ms. Barbara Minch Rosenberg 592-6199 03/23/99 03/23/03 4 Years 2436 Orchid Bay Drive, #103 Naples, FL 34109 District: Category: Mr. J. R. Humphrey 03/23/99 03/23/04 5 Years 3963 Enterprise Avenue 643-2010 Naples, FL 34104 District: Category: Ms. Alice J. Carlson 435-3988 03/23/99 03/23/02 3 Years 2730 Leeward Lane Naples, FL 34013 District: Category: AC, END&rr '~ P/ednesday. June l 3, 2001 Page I of 2 NO._. Educational Facilities Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Established by the BCC on March 23, 1999, Resolution No. 99-177 pursuant to FL STAT 243.18 - 243.40 - (Higher Educational Facilities Authorities Law) to transact any and all busine__~$ and to exercise any and all powers authorized by the Act for an educational facilities authority. International College requested an EFA to assist with tax-exempt financing of its now administrative/classroom facilities planned for the Northbrook Village PUD. EFA is limited only to financing projects on behalf of private, nonprofit, post secondary educational facilities. FL STAT 243.18 - 243.40 Staff: Don Pickworth, Attorney: 263'8060 .... - Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 (941) 774-8097 ~ r¢,~ ~ Fax: (941) 774-3602 Application for Advisory Committees/Boards Fax No. ~-~"~g~ Business Phone= q~L~%~ e-mailaddress: Board or Committee ,Applied for: ~.c.9 C0.~-~ L~gtL~ VO-C, Category (it' applicable): , Example: Commissioa District, Developer, eaviroameatalist, lay person, etc. Are you a registered voter in Collier County: Yes ~, No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, ou a Collier County board or committee? Yes ~ i f_yes, please liar the committees/b~ards; . ~ i I /~ Please list your community activilies (civic clubs, neighborhood associntions, c. and positions held: Education: ....~ ~ ~. Experience: P~e ~ach any ad~onal lnfo~a~on you feel pe~nen~ Th~ applica~on should be fo~arded to Sue B~rd of C~n~ C~m~sloners, 3301 E~t T~i~i TraH, N~es, FL 34112. if you w~h, ple~e f~ your ~ ~ t~o~m'.~ ~y~f~ ~~ ~ t~e ~e ~ of~ ~. Alice J. Carlson 2730 Leeward Lane Naples, Florida 34013 (941) 261-8469 res. (941) 435-3988 bus. (941) 435-3989 fax e-mail ajcassoc@comcast.net Nov 1997- Present President AJC Associates, Inc. Naples, Florida Owner of a consulting practice specializing in real estate, business and financial consulnng with an emphasis m commumty development districts (CDD's). At present I maintain special assessment tax rolls for 12 CDD's in Lee and Collier Counties. 1995 - 1997 Senior Vice President, Treasurer and Chief Accounting Officer WCI Communities, Inc. CC/CID. Naples, Florida WCI is a large commumty developer specializing in master planned communities ,,vithm the state of Florida. Primary responsibilities included general accounting, cash management, financial planning, annual audit and tax returns, and coordmation with the infomaation technolog.x department. In addition was responsible for coordination of all community development district financing for WCI. Assisted the Ctuef Financial Officer with investor and bank relations and all other financing projects including the bank revolver and term loans, h~gh nsc construction loans and acquisition loans. C 1978 - 1995 Westinghouse Communities, Inc. · Naples, Florida Held various professional and management positions listed below: 1995 - 1995 Vice President, Controller, WCI Communities 1994 - 1994 Vice President, Operations, Gateway CommUmties 1993 - 1994 Controller, Special Projects, WCI CommUmties 1990 - 1992 Controller, Florida West Coast, Westmghouse Communities of Naples. lnc 1988 - 1990 Controller, Westinghouse Commumties of Naples. Inc. 1986 - 1988 Director of Accounting, Coral Ridge Properties. inc. 1982 - 1986 Manager of Accounting, Westinghouse Communities of Naples. Inc. 1980 - 1981 Supervisor, Accounting Department, Coral Ridge- Collier Properties, Inc. 1979 - 1980 Staff Accountant, Coral Ridge-Collier Properties. Inc. 1978 - 1979 Staff Accountant, Treasure Lake Companies Education 1978 Florida Atlantic UniversiD' Boca Raton, Florida BBA, Accounting 1976 Ocean Count3' College Toms River, New Jersey AS, Accounting Professional City of Naples Airport Authority, Commissioner, present {}~k~ [lr:~ Affiliations Collier County Industrial Development Authority, present Collier Education Facilities Authority, County present .... Chamber Member, present ~[P 2 q 2002 Economic Development Council, Director 1995-1996 Leadership Collier Alumni Committee, Vice Chan'rnan 1993 ~ Leadership Collier Graduate, Class of 1991 Junior Achievement Board of Southwest Florida, Director 1988-1990 EXECUTIVE SUMMARy APPOINTMENT OF MEMBER(S) TO THE INDUSTRIAL DEVELOPMENT AUTHORITY OBJECTIVE: To appoint 1 member to serve a 4-year term, expiring on September 24, 2006 on the Industrial Development Authority. CONSIDERATIONS.: The Collier County Industrial Development Authority is a 5 member board created purs,.mnt to State Statues with the power to issue Industrial Development Bonds to qualifying projects. The Authority meets several times a year at irregular intervals. Members must be residents of Collier County and qualified electors and are required to file a form 1 Statement of Financial Interest each year with the Supervisor of Elections. Terms are for 4 years. A list of the current membership is included in the backup. The term for Alice J. Carlson expired on May 26, 2002. A press release was issued and resumes were received from the following interested citizen: APPLICANT: Alice J. Carlson - requesting reappointment COMMITTEE RECOMMENDATION..: Alice J. Carlson _FISCAL IMPACT,: NONE GROWTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment, appoint 1 member, and direct the County Attorney to prepare a resolution confirming the appointment. Prepared By: Sue Filson, Executive Manager Board of County Commissioners Agenda Date: SEPTEMBER 24, 2002 S:'Z? 2 2002 / uu/u~/zUUZ 14:19 FA~ 941 5981161 DONALD A PICI~ORTIt PA ~002 DONALD ~UXT~ 602 N~wO~TE TOWER (94D E63- 80~ S~pt~mb~r 5, 2002 Via Fax 774-3602 Sue Filson Collier County Courthouse, Building"F" 3301 Bast Tamiami Trail Naples, FL 34112-4977 Re: Collier County Industrial Development Authority and Educational Facilities Authority; Appointments Dear Sue: Alice Carlson's t~m~s on thc IDA and EFA have expir, d, and Ms. Carlson desires to be re-appointed. I understand she has submitted the necessary application. She has served as the S~ of the IDA and as Chairman of the EFA for s~reral years, and both Authorities recommend her re-appointment. I understand you have initiated a press rele~e informing the pubhc of these vacancies. At the dose of the application period, please place this matter on the Board agenda. I will prepare, in advance of the meeting, a resolution of appointment. I will also prepare the Oath of Ol~fiee, and take care of necessary filing with the Secre~ of State. If you have any questiorm, or ifI can provide furthc~ information, please give me a call. Very truly yom'% Donald . Pickworth cc: J.R. Humphrey, Chairman, IDA Susan Pareigis, Executive Secretary, I~DC SE? 2 4 2002 Board of County Commissioners 3301 East Tamiami Trail Naples, FL 34112 t941) 774-S097 Fax: 1941) 774-3602 Application for Advisory Committees/Boards ,,m,: Catego~ (ifa~li~ble): Extol: Comma ~ ~veb~r, e~ameat~ ~y ~, etc. Are you a reg~ered v~er ~ Co~r Count: Yes ~ No Do you currently hold public office? Yes No If ~ ~at is that ~ you a~ ~e, ~ ~ve y~ ~er ~, ~ a Collier Coun~ ~ or eommi~? Y~ ~ No lfy~, ~m ~ the ~mi~~s: . ~ Please ~t your community activities (civic clubs, neighborhood associations, etc. and positions Please ~ttach ~ny odditioaal information you feel pertinenL This application should be forwarded lo Sue Flison, Executive Manager to the i~o~rd of County Commissioners, 3301 East T,*mimni Trail, Naples, FL 34112. If yo~ wisk, please fax your application to 1941)774-3602 or e.m~ll to suefdson~coihergov, n~. 17umk you for vohsmeoing to ser~e ~e ~ of Collier Comfy. Alice J. Carlson 2730 Leeward Lane Naples, Florida 34013 (941) 261-8469 res. (941) 435-3988 bus. ' (941) 435-3989 fax e-mail ajcassoc@comcast.net Nov 1997 - Present President AJC Associates, Inc. Naples, Florida Owner of a consulting practice specializing in real estate, business and financial consulting with an emphasis in community development districts (CDD's). At present I maintain special asscssmen~ tax rolls for 12 CDD's m Lee and Collier Counties. 1995 - 1997 Senior Vice President, Treasurer and Chief Accounting Officer WCI Communities, Inc. (WCI). Naples, Florida WCI is a large commumty developer specializing in master planned communmes v,:ithin the state of Florida. Primary responsibilities included general accounting, cash managemem, financial planning, annual audit and tax returns, and coordination with the information technolog.x department. In addition was responsible for coordination of all community development district financing for WCI. Assisted the Chief Financial Officer with investor and bank relations and all other financing projects including the bank revolver and term loans, high rise consn-uction loans and acquisition loans. 1978 - 1995 Westinghouse Communities, Inc. Naples, Florida Held various professional and managemem positions listed below: 1995 - 1995 Vice President, Controller, WCI Communities 1994 - 1994 Vice President, Operations, Gateway Communities 1993 - 1994 Controller, Special Projects, WC1 Communities 1990 - 1992 Controller, Florida West Coast, Westinghouse Commumties of Naples. Inc 1988 - 1990 Controller, Westinghouse CommUmties of Naples. lnc. 1986 - 1988 Director of Accounting, Coral Ridge Properties. Inc 1982 - 1986 Manager of Accounting, Westinghouse Communities of Naples. lnc 1980 - 1981 Supervisor, Accounting Department, Coral Ridge- Collier Propemes, Inc. 1979 - 1980 StaffAccountant, Coral Ridge-Collier Properties, Inc. 1978 - 1979 StaffAccountant, Treasure Lake Compames Education 1978 Florida Atlantic Universit.' Boca Raton, Florida BBA, Accounting 1976 Ocean County College Toms River, New Jersey AS, Accounting Professional City of Naples Airport Authority, Commissioner, present ~ Affiliations Collier County Indus~al Development Authority, present Collier County Education Facilities Authority, present Chamber Member, present Economic Development Council, Director 1995-1996 Leadership Collier Alumni Committee, Vice ChaUTnan 1993 Leadership Collier Graduate, Class of 1991 Junior Achievement Board of Southwest Florida, Director 1988-1990 Industrial Development Authority Worl, Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Ms. Alice J. Carlson 05/26/98 05/26/02 4 Years 2730 Leeward lane 435-3988 NapEs, FL 341 O3 District: Category: Mr. Jack R. Humphrey 643-2010 11/07/95 02/28/99 4 Years 3963 Enterprise Avenue 04/13/99 04/13/03 4 Years Naples, FL 34104 District: Category: Ms. Barbara Minch Rosenberg 592-6199 11/07/95 02/28/99 4 Years 2436 Orchid Bay Drive, #103 04/13/99 04/13/03 4 Years Naples, FL 34109 District: Category: Mr. John Agnelli 343-15888 06/10/97 02/28/00 3 Years 2900 South Horseshoe Drive 06/I 2/01 06/12/05 4 Years Naples, FL 34103 District: Category: Mr. Ross P. Obley 263-6921 05/26/98 02/28/01 3 Years 802 Slashpine Court 06/12/01 06/12/05 3 Years Naples, FL 34108 District: Category: Fgednesday, June 13, 2001 Page I of 2 Industrial Development Authority Work Phone Appt'd Exp. Date Term Name Home Phone DateRe-appt 2ndExpDate 2nd Term Eetabliahed on February 27, 1979, by Resolution No. 79-34 pursuant to FL STAT 159, Part III, This authority is composed of 5 members who serve staggered, 4-year terms. This authority has the power to sell industrial revenue bonds. Money generated from the bonds would be used to construct industrial plants, equipment and other facilities which would be leased or sold to private industry. Susan Pareigis, Executive Director Economic Development Council 3200 Bailey Lane, Suite 162 Naples, FL 34105 ohone: 263-8989 fax: 263-6021 FL STAT 159, Part [] Staff: Don Pick'worth, Attorney: 263-8060 2802 EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL UTILITY INTERESTS BY EASEMENT FOR THE CONSTRUCTION OF A FORCE MAIN AND PUMP STATIONS REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT'S SANTA BARBARA SEWER FORCE MAIN INTERCONNECT PROJECT BETWEEN THE NORTH AND SOUTH WASTEWATER COLLECTION SYSTEMS, PROJECTS 73076, 73132, 73150, AND 73151, AT A COST NOT TO EXCEED $670,012. ,0..~-...~: That the Board of County Commissioners, as the Governing Body of Collier County and as Ex-Officio the Governing Board of the Collier County Water-Sewer District (hereinafter referred to as "Board") adopt a Resolution to acquire by condemnation those non- exclusive, perpetual utility interests by easement required to complete the Collier County Water- Sewer District's Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems (hereinafter referred to as "the Project"). CONSIDERATION: On December 11, 2001, the Board adopted the 2001 Wastewater Master Plan Update to establish priorities for the design, acquisition, and construction of various capital improvement projects. This Project will allow wastewater flow to be transferred between the North County Water Reclamation Facility (hereinafter referred to as the "NCWRF") and the South County Water Reclamation Facility (hereinafter referred to as the "SCWRF"). The proposed 16-inch force main is approximately six miles long and will be installed along Santa Barbara Boulevard and I~gan Boulevard from Radio Road north to Vanderbilt Beach Road. The Project also includes the construction of two new pump stations and modifications to existing pumping stations. The force main was originally planned to be installed with the proposed Santa Barbara Boulevard road improvements starting construction in 2004 with completion by 2006. Since there were delays in obtaining the permit for the construction of the expansion of the SCWRF, the need to transfer flows between the north and south wastewater systems has become critical and the Project needs to be accelerated to be designed, constructed, and operational by the end of 2003. Staff has reviewed alternative locations, long-range planning objectives, environmental factors, cost variables, and safety and welfare considerations as they relate to the construction of the Project, and staff has advised the Board that, based on these factors and after reviewing these factors with the Board, the most feasible location for construction of the Project is as described in Exhibit "A" of the attached Resolution. On July 30, 2002, Agenda Item 16-C-5, the Board approved a resolution authorizing staff to acquire by gift or purchase the necessary rights and interest required for this Project. Thus far, staff has been unable to secure any of the required parcels through negotiations, so in order to meet the Project's acquisition completion date of May 2003, staff is requesting permission to initiate condemnation proceedings at this time. SEP 2 200 EXECUTIVE SUMMARY ~--- Resolution for Condemnation - Santa Barbara Sewer Force Main Interconnect Project Page 2 FISCAL IMPACT: The total acquisition cost of the Project is estimated at $670,012, and includes all land, and improvements, appraisal fees, title policies, staff overhead and miscellaneous expenses associated with the acquisition of the necessary utility easements, 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~ In FY 02, funds in the amount of $470,012 are available in the Sewer Impact Fee Fund (413), N- S Sewer Interconnect Project (73076). New project numbers 73132, 73150, and 73151 have also been created and funds in the additional required amount of $200,000 will be available in FY03 when the budget is adopted. GROWTH MANAGEMENT IMPACT: The Project is recommended in the 2001 Wastewater Master Plan Update, adopted by the Board in December 11, 2001, Agenda Item 8(A). RECOMMENDATION: That the Board of County Commissioners: (1) Having reviewed alternative locations, long-range planning objectives, environmental factors, cost variables, and safety and welfare considerations as they relate to the construction of the Project, we find that the most feasible location for the construction of the Project is as described in Exhibit "A" of the attached Resolution; and (2) Adopt the attached Resolution authorizing the acquisition by condemnation of non- exclusive, perpetual utility interests by easement required to complete the Santa Barbara Sewer Force Main Interconnect Project; and (3) Authorize the Chairman to execute the attached Resolution. Cind~ M. Er~, Sr. Property Acquisition Specialist Property Acquisition & Construction Management Facilities Management Department REVIEWED 3, . . DATE: C~ _{ I "~'~ - Toni ~. Mot~, ~rol~er~y Acquisit~ion Supervisor ProperW Acquisition & Construction Management Facilities Management Department SEP 2 002 EXECUTIVE SUMMARY Resolution for Condemnation - Santa Barbara Sewer Force Main Interconnect Project P?ge 3 ~harl~s E. Carrington, Jr.~t$R/WA, Manager Property Acquisition & Cdastruction Management Facilities Management Department Skip Camp, Director Facilities Management Department Mohan V. Thampi, P.E., Senior Project Manager Public Utilities Engineering Department /L~ j ,/g'-) ~'. C~_ ~ DATE: y//!/' ~'' REVIEWED BY: Roy/~. Anderson, P.E., Director Public Utilities Engineering Department ~ i/n~t APPROVED BY. ,------ DATE: DeLony, P.E., Adm rator ic Utilities Division NO. ID ., SEP 2 q 2002 .~. RESOLUTION NO. 2002 - RESOLUTION NO. CWS-2002- 7 A RESOLUTION AUTHORIZING THE ACQUISITION OF LAND BY $ CONDEMNATION OF NON-EXCLUSIVE, PERPETUAL UTILITY INTERESTS BY 9 EASEMENT FOR TIlE CONSTRUCTION OF PIPELINE AND PUMP STATION SITES l0 REQUIRED FOR THE COLLIER COUNTY WATER-SEWER DISTRICT SANTA ti. BARBARA SEWER FORCE MAIN INTERCONNECT PROJECT BETWEEN THE 12 NORTH AND SOUTH WASTEWATER COLLECTION SYSTEMS. 13 14 15 WHEREAS, the Board of County Commissioners, as the Governing Body of Collier and as 16 Ex-Officio the Governing Board of the Collier County Water-Sewer District, hereinafter referred to as 17 "Board", on December 11, 2001, adopted the 2001 Wastewater Master Plan Update for lhe County's 18 Sewer Service area in order to establish priorities for the design, acquisition and construction of the 19 various wastewater capital improvement projects; and 20 WHEREAS, the Santa Barbara Sewer Force Main Interconnect Project between the North and 21 South Wastewater Collection Systems, hereinafter referred to as "Project", is one of the wastewater 22 capital improvement projects required under the 2001 Wastewater Master Plan Update for the 23 County's Sewer Service area; and ~ WHEREAS, the location for construction of the proposed improvements has been fixed by 25 survey and is collectively represented by the legal descriptions comprising Exhibit "A" attached hereto 26 and incorporated herein. 27 WHEREAS, after consideration of the availability of alternate routes and Iocationi, the 28 comparative costs of project alternatives, various impacts upon the environment, long range planning 29 options, and public safety considerations, the Board desires to exercise its right to condemn property 30 for public purposes. 3!. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 32 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that it has been determined by the Board 33 that the construction of the Sixteen (16") Inch Parallel Sewer Force Main Improvement Project along 34 Santa Barbara Boulevard, (hereinafter referred to as "the Project") is necessary and in the public's 35 best interest in order to protect the health, safety and welfare of the citizens of Collier County. 36 AND IT IS FURTHER RESOLVED that construction of the Project is part of the County's 37 long range planning effort, and is included in the 2001 Wastewater Master Plan Update for the 38 County's Sewer Service area, as approved by the Florida Department of Community Affairs. .~.9 AND IT IS FURTHER RESOLVED that the County Staff has reviewed alternative locations for the project, various impacts to the environmental, public safety and welfare considerations NO.. /0 Page 1 SEP 2 2002 '4 I associated with the design and construction of the project, and the costs associated with the design, 2 property rights acquisition, and construction of the project; and the Board finds that after 3 consideration of these issues, the most feasible location for construction of the proposed 4 improvements is collectively represented by the legal descriptions comprising Exhibit "A" attached 5 hereto and incorporated herein. 6 AND IT IS FURTHER RESOLVED that in order to construct the project as designed, it is 7 necessary for the Board to acquire the various real property interests described Exhibit "A" to wit: 8 perpetual, non-exclusive utility interests by easement. 9 AND IT IS FURTHER RESOLVED that all property shall be put to public purposes. 10 AND IT IS FURTHER RESOLVED that the County staff is hereby authorized to immediately 11 acquire by condemnation in accordance with the provisions of Chapters 73, 74 and 127, Florida 12 Statutes, the above-referenced real property interests more particularly described in Exhibit "A", 13 attached hereto and incorporated herein. 14 AND IT IS FURTHER RESOLVED that no mobile homes are located on the property sought 15 to be acquired and therefore it will not be necessary to remove any mobile homes from the property 16 to be acquired. 17 This Resolution adopted on this __ day of 2002, after motion, second 18 and majority vote. 19 2O ATTEST: BOARD OF COUNTY COMMISSIONERS 21 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA, AS THE 22 GOVERING BODY OF COLLIER COUNTY 23 AND AS EX-OFFICIO THE GOVERNING 24 BOARD OF COLLIER COUNTY WATER- 25 SEWER DISTRICT 26 , Deputy Clerk 27 28 29 BY: 30 JAMES N. COLETTA, Chairman 31 32 Approved as to form and 33 I e g a, ll sufficiency: 5t5 _ _ 36 Ellen T. Chadwell 37 Assistant County Attorney 38 AG£~ID~ ITE~ .o._ Page 2 SEP 2 2002 PG. ,,A. SKETCH AND DESCRIPTION /......._~ ~...._~u~' .q zo UTILITY EASE.tlENT IN LOT 1, BLOCK 157, GOLDEN GATE UNIT NO. 5, PLAT BOOK 5, PAGE 117-12.3, COllIER COUNTY, FLO~J[CT,, PARCEL FOLIO SANTA BARBARA BOULEVARD CONTAINING 2367 SQ. FT. m -0 LOT 1, BLOCK 157 Z r-- GOLDEN GATE UNIT NO. 5 C3 C~ Z rq FOLIO NO, 36234200006 OFFICIAL RECORDS BOOK 2332, U3 PAGE 2237 · *0 0 20 40 scg~. ( m ~.T ) i inch = 40 ft. THE WEST 20 FEET OF LOT 1, BLOCK 157, GOLDEN GATE UNIT NO. 5, AS RECORDED IN PLAT BOOK 5, PAGE 117-123, THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA. J~IES N. WILKISON (FOR THE FIRM LB67 3) NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL RAISED I~OFESSIONAL SURVEYOR AND MAPPER SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. FLORI[~CENSETHiS DAY OF,;N~'LS 4876 _~?:p,~ 2002. THIS IS NOT A SURVEY dEFFREY O. O00N£R AND A$$OOIA i S, INO. SURVEYING AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAI[~ SURVEYINGC~(;OONER.COM GREELEY HANSEN, LLC DRAWN BY: J~F BY: J.N.W. J~CE'L DESCRIPTION: DATE: MAY 3. 2002 SCALE: 1"=40' 20' UTILITY EASEMENT IN BLOCK 157, GG UNIT NO. 5 PROJECT No: 020410 fig No: 020410SKI S~'~:. ]I~[~F 1 /4) SEP 2 ~ EXHIBIT ~" SKETCH AND DESCRIPTION ] ~~ ~ 'OF A 20' UTILITY EASEMENT LOT 1, BLOCK 158, GOLDEN GATE UNIT NO. 4, PART 1,PARC£L PLAT BOOK 9, PAGE 122, COLUER COUNTY, FLORIDA FOLIO SANTA BARBARA BOULEVARD 100.00' 105.98' I'q LOT I. BLOCK 158 I'rl "r' Z GOLDEN GATE UNIT NO. 4. PART 1. LESS THE NORTH 10.3.98' THEREOF. '13 Z FOLIO NO. 36180360003 ~> OFFICIAL RECORDS BOOK 2906, m ~' I PAGE 1710 I I = LOT 1 '"- I 40 0 20 40 SC~E ( ~N FEET ) I inch = 40 fl. DESCRIPTION: THE WE~ST 20 FEET OF LOT 1, BLOCK 158. GOLDEN GATE UNIT NO. 4. PART 1, LESS THE NORTH 103.g8 FEET THEREOF, AS RECORDED IN PLAT BOOK 9. PAGE 121-124, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. --- ¢'--- -~-~--~--'--~ ..... NOT VALID WITHOUT THE SIC~IATURE AND ORIGINAL RAISED JAtI~S N. WILKISON (FOR THE FIRM LB6??5) SEAL OF A FLORIDA LJOENSED SURVEYOR AND blAPPER. PROFESSIONAL SURVEYOR AND MAPPER r~OR~DA UCENSE NO. LS ~76 jTH~SZ~'-~)A¥ or THIS IS NOT A SURVEY REUSED: J 5/22/02 JE PI EY C. COONER AND ASSOCIATES, INC. I SURVEYING AND MAPPING 5900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 55912 PHONE: (9¢1)277-0722 FAX: (941)277-7179 EMAIL: SURVEYINGC~COONER.COM CLIENT: GREELEY HANSEN, LLC DRAWN BY: JRF CHECKED Ry: J.N.W. PARCEL DESCRIPTION: DATE: MAY 3, 2002 SCALE: 1"~40' 20' UT1UTY EASEMENT IN BLOCK 158, GG UNIT NO. 4, PART 1 PROJECT No: 020410 DWG No: 020410SKD7 SEP EXHIBIT ".~ SKETCH AND DESCRIPTION PROOECT ~~ ~ OF A 20' UTILITY EASEMENT PARCEL IN LOT l, BLOCK 158, GOLDEN GATE UNIT NO. 4, PART l, PLAT BOOK 9, PAGE 122, COLDER COUNTY, FLORIDA FOLIO SANTA BARBARA BOULEVARD 00.00' _ 103.98' CONTAINING ~ 1946 SQ. FT. THE N. 103. g8' OF LOT 1, BLOCK 158 -U GOLDEN GATE UNIT NO, 4, PART 1 FOLIO NO. 36180380009 I'rl OFFICIAL RECORDS BOOK 2906, PAGE 1773 LOT 1 40 0 20 40 I I SCALE ( [N FEET ) [~ 1 inch = 40 ft. THE WEST 20 FEET OF /HE NORTH 103.98 FEET LOT 1, BLOCK 158, GOLDEN GATE UNIT NO. 4, PART 1, AS RECORDED IN PLAT 800K 9, PAGE 121-124, THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ,df/ JAI4~S~~- ' '---N. WILKISON (FOR THE FIRM LB6773) SEAL Of A FLORIDA LICENSED SURVEYOR AND MAPPER. PROFESSIONAL SURVEYOR AND MAPPER FLORIDA~UCENSE NO. LS 4876 THIS 'T'r"~"OAY 2002. THIS IS NOT A SURVEY JEFFREY C. COONER AND ASSOCIAII:S, INC. SURVEYING AND MAPPING 5900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 53912 PHONE: (941)277-0722 FAX: (941)277-7179 ENIAII~ SURVEYINGGCOONER.COM CMENT: GREELEY HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. RCEL DESCRIPTION: DATE: MAY 3, 2002 SCALE: 1'=40' _~' UTILITY EASEMENT IN BLOCK 158, GG UNIT NO. 4, PART 1 PROJECT No: 020410 )WG No: SEP 2 z~ 2002 EX[-~F i',~" SKETCH AND DESCRIPTION PARCEL., ~~~ OF A 20' UTILITY EASEMENT FOLIO IN BLOCK 152, GO~EN GA~ UNIT NO. 4, PART 1, P~T BOOK 9, PAGE 1~, CO~ER COUNt, ~ORIDA SANTA BARBARA BOULEVARD 330.03' BLOCK 152 Z "-[] GOLDEN GATE UNIT NO. 4, PART 1 ~ FOLIO No. 36180080008 0 r'q OFFICIAL RECORDS BOOK 1811, r-- PAGE 2315 P'I 60 0 ~0 60 SCALE ( IN FEET ) 1 inch = 60 ft. THE WEST 20 FEET OF BLOCK 152. GOLDEN GATE UNIT NO. 4, PART 1. AS RECORDED IN PLAT BOOK 9, PAGE 122. THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FLORIDA UCENSE NO. LS 4876 THIS "~'¢'~- DAY OF THIS IS NOT A SURVEY dF_FFI £Y C. COON£ AND ASSOCIAi -S, INC. SURVE'YING AND MAPPING 3900 COLONIAL BLVD.. SUITE 4. FORT MYERS. FLORIDA 35912 PHONE: (941)277-0722 FAX: (94-1)277-7179 EMAIL: SURVEYING~OONER.COM C[JE~NT-' GREELEY HANSEN, LLC DRAWN BY: ,JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: MAY 3, 2002 SCALE: 1'=60' 20' UTlUTY EASEMENT IN BLOCK 152. GG UNIT NO. 4, PART 1 PROJECT No: 020410 DWG No: 020410SKDi 1 OF 1 SEP SKETCH AND DESCRIPTION PARCEL, ~X~B|T_~"- OF A UTILITY EASEYWENT FOLIO Pmm~iW_ 5" -~~E ~ST 1/2 OF ~ACT 28, GOLDEN GA~ ESTA~S UNIT No. 34, PLAT BOOK 7, PAGE 23 COLDER COUNt, FLORIDA ~ ~~_.'1 CONTAINING 11,275 S.F. /2 % )'F~I (0.26 ACRES) ~ TRACT 28 7 ~ ~ ~ b NORTH R/W ~ N89'41 54 W 127 05 ! 192.42 ~ o ~ 14TH AVE. SWz o~, SOUTH LINE TRACT 28 P0C / SE CORNER / ~ACT 28 ~ / POC- POINT OF COMMENCEMENT 1 inch = 40 ft. R/W-- ~IGHT-OF-WAY SEE S~EET 2 OF 2 THIS IS NOT A SURVEY FO~ DEsc~mP~ON. JE ffY C. COONER AND ASSOClA S, INC. SUR~NG ~D MAPPING 39~ COLONIAL BL~., ~1~ 4, FORT M~S, ~ORIDA 33912 PH~E: (9~1)277-0722 FAX: (941)277-7179 EMAIL: SUR~NG~OONER.COM CMENT: GREE~Y HANSEN, ~C DRA~ BY: ~F CHEWED BY: J.N.W. ~L DESCRIP~ON: DA~: aAY 31, 2002 SC~: 1"=40' b,,~l~ EAS~T IN ~E ~ST 1/2 OF m ~ACT 28, ~EN GA~ ESTA~S, UNIT 54 PROJECT No: 020410 DWG No: 020410~D8 ~~ /O ' SEP 2 ~002 PG. EXHIBIT SKETCH AND DESCRIPTION L_ q~a ,~; ' OF A UTILITY EASEMENT R~uo_~.,~.~o~c,s Of'-~-~tN THE ~ST 1/2 OF reaCT 28, GO~EN GA~ ESTA~S ~--Z UNIT No. 34, PLAT BOOK 7, PAGE 23 COLUER COUNt, ~ORIDA A PARCEL LYING IN THE WEST 1/2 OF TRACT 28, GOLDEN GATE ESTATES UNIT NO. ,34, AS RECORDED IN PLAT BOOK 7, PAGE 2,3, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE WEST 1/2 OF SAID TRACT 28, THENCE RUN NORTH 00'18'06" EAST A DISTANCE OF ,.30.00 FEET TO THE NORTH RIGHT-OF-WAY EASEMENT LINE OF 14TH AVENUE S.W.; THENCE RUN NORTH 89'41'54" WEST A DISTANCE OF 192.42 FEET ALONG SAID NORTH RIGHT-OF-WAY EASEMENT LINE TO' THE POINT OF BEGINNING; THENCE CONTINUING ALONG SAID LINE NORTH 89'41'54" WEST A DISTANCE OF 127.05 FEET. TO THE EASTERLY RIGHT-OF-WAY LINE OF SANTA BARBARA BOULEVARD AND TO A POINT ON A NON TANGENT CURVE TO THE LEFT, RADIUS OF 1,200.00 FEET; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT-OF-WAY LINE AND THE ARC, THROUGH A DELTA ANGLE OF 04'56'52", A DISTANCE OF 10,3.65 FEET; THENCE RUN SOUTH 89'41'54" EAST A DISTANCE OF 100.00 FEET ALONG A LINE THAT IS 100.00 FEET NORTH AND PARALLEL TO THE NORTH RIGHT-OF-WAY EASEMENT LINE OF 14TH AVENUE S.W.; THENCE RUN SOUTH 00'18'06" WEST A DISTANCE OF 100.00 FEET TO SAID NORTH LINE AND THE POINT OF BEGINNING. CONTAINING 11,275.22 SQUARE FEET OR 0.26 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION. 1.BEARINGS ARE BASED ON THE CENTERLINE BEARING OF ,J~j,101ES N. WILKISON (FOR THE FIRM IR6773) 14TH AVE. S.W. BFING S 89'41'54-' W AS SHOWN ON THE PROFESSIONAL SURVEYOR AND MAPPER PLAN PROFILE SHEET 11 OF 62, COLLIER COUNTY PROJECT FLORIO~,EICENSE NS LS 4876 NO. 68052. THIS ~v'""' DAY~ O1:"/~r~''''~-, 2002. 2. NOT VAUD IMTHOUT THE SIGNATURE AND ORIGINAL RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. THIS IS NOT A SURVEY C, COONER AND ASSOClAIES, INC, SURVEYING AND MAPPING 5900 COLONIAL BLVD., SUITE 4., FORT MYERS, FLORIDA 33912 PHONE: (94-1)277-0722 FAX: (94-1)277-7179 EMAIL: SURVEY1NG~:g, OONER.COM CUENT: GREELEY HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. PARCEL DESCRIPTION: DATE: MAY ,.,'31, 2002 SCALE: NA UTILITY EASEMENT IN THE WEST 1/2 OF TRACT 28, GOLDEN GATE ESTATES, UNIT 34 PROJECT No: O204.10 DWG No: 0204.10SK SEP 2 ~ 2002 Pc,. I ~ EXHIBIT ',~ SKETCH AND DESCRIPTION PARCEL q¢ ~ " OF A UTILITY EASEMENT (:C'LIO ~1N THE WEST 180' OF' TRACT 4.4., GOLDEN GATE ESTATES UNIT No. 95, PLAT BOOK 9, PAGE 45 ~ ~ 2. COLUER COUNTY, FLORIDA VANDERBILT BEACH ROAD 180.00' R/W LINE POB g~ ~,1 CONTAINING 36,000 S.F. o < 0 ~--I (0.85 ACRES) g ~ r~ ' 180.00' EAST 150' WEST 180' TRACT <~ TRACT 44 ~ CHERRYWOOD DR. SOUTH LINE OF TRACT 44 60 0 .30 60 SCALE ( IN FEET ) t mca = 60 fL SEE SHEET 2 OF 2 THIS IS NOT A SURVEY FOR DESCRIPTION. ,JEFFREY C. COONER AND AS$OCIA t.S, INC. SURVEYING AND MAPPING ,3900 COLONIAL BLVD., SUITE 4, FORT MYERS. FLORIDA 33912 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 FJ~AIL: ;URVEYING~OONER.COM · ..CLIENT: GREELEY HANSEN, LLC ~DRAWN BY: JRF CHECKED BY: J.N.W. ARCEL DESCRIPTION: ~DATE: JUNE .3, 2002 SCALE: 1"-60' -- , :.~.~...~.& ~ '~'bl~ UTILITYTRACT 4-4,£ASE3dENTGoLDENINGATETHE ESTATES,WE:ST 180°UNITO¢ 95 ~ PROdECT No: 020410 DWG No: 020410SK[~9 I~SHEET:. 1 2 I. OF A UTILITY EASEMENT PARCEL, IN THE WEST 180' OF TRACT 4.4, GOLDEN GATE ESTATESDLIO '~,~ I' UNIT No. 95, PLAT BOOK 9, PAGE 4.5 COLLIER COUNTY, FLORIDA A PARCEL LYING IN THE WEST 180 FEET OF TRACT 44, GOLDEN GATE ESTATES UNIT NO. 95, AS RECORDED IN PLAT BOOK 9, PAGE 45, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD AND THE WEST LINE OF SAID WEST 180 FEET OF TRACT 4.4, RUN SOUTHERLY A DISTANCE OF 200.00 FEET ALONG THE WEST LINE OF SAID WEST 180 FEET OF TRACT 44.; THENCE RUN EASTERLY A DISTANCE OF 180.00 FEET ALONG A LINE THAT RUNS PARALLEL TO THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD TO THE EAST LINE OF SAID WEST 180 FEET OF TRACT 44.; THENCE RUN NORTHERLY A DISTANCE OF 200.00 FEET ALONG SAID EAST LINE TO THE SOUTH RIGHT-OF-WAY LINE OF VANDERBILT BEACH ROAD; THENCE RUN WESTERLY A DISTANCE OF 180.00 FEET ALONG SAID SOUTH RIGHT-OF-WAY LINE TO THE POINT OF BEGINNING. CONTAINING 56,000 SQUARE FEET OR 0.83 ACRES, MORE OR LESS. SEE SHEET 1 OF 2 FOR SKETCH OF DESCRIPTION. __ 1. eEAR,.GS ARE ~^S~ O. T.E CENTERU.E ~EA.,.C OF J~ N. ~ISON (FOR ~E RRM ~6773) 14~ A~. S.W. BDNG S 89'41'54' W AS ~0~ ON ~E PR~Sa~AL ~R~Y~ ~O MAPPER P~N PaOFm~ ~EET 13 OF 62. CO'ER C~N~ PROJECT ~I~CENSE NO~_LS ~76 NO. 6~52. ~IS~ DAY ~ ~2002. 2. NOT VAUD ~OUT ~E SIGNA~RE AND ORlaNAL RAISED / THIS IS NOT A SURVEY C, COONEE AND ASS IA S, INC, SUR~NG ~O M~PING 39~ C~IAL BL~., ~1~ 4, FORT M~S, ~IDA 33912 PH~E: (941)277-0722 FAX: (941)277-7179 ~AIL: SUR~NG~O~ER.COM ~ENT: ~EE~Y HANSEN. ~C DRA~ BY: ~F CHEWED BY: J.N.W. P~L D/S~IP~: DA~: ~NE 3, 2002 SC~: NA U~U~ EAS~T IN ~E ~ST I~' ~ ~ACT ~. ~N GA~ ESTA~S. UNIT 95 PROJECT No: 020410 D~ No: ~T~ 2 SEP 2 ~ COLLIER COUNTY PUBLIC UTILITIES ENGINEERING DEPARTMENT MEMORANDUM DATE: July 8, 2002 TO: James W. Delony, P.E., Utilities Administrator Roy B. Anderson, P.E., Director-PUED FROM: Mohan Thampi, P.E., Senior Project Manager RE: Santa Barbara Sewer Force Main Interconnect, Project 73132 Force Main Alignment Analysis and Recommendation The proposed force main and pumping stations for the Santa Barbara Sewer Force Main Interconnect Project between the North and South Wastewater Collection Systems (East Interconnect) were identified in the 2001 Wastewater Master Plan and adopted by the Board of County Commissioners on December 11, 2001. County hired Greeley and Hansen LLC to provide design engineering services for this project. Design recommendations were presented in June 2002 and are summarized below. The East Interconnect will allow wastewater flow to be transferred between the North County Water Reclamation Facility (NCWRF) and the South County Water Reclamation Facility (SCWRF). The proposed force main will be installed along Santa Barbara Boulevard and Logan Boulevard from Radio Road north to Vanderbilt Beach Road. The East Interconnect also includes two new pumping stations and potential modifications to an existing Master Pumping Station (MPS) 3.13. The East Interconnect force main was scheduled to be installed with the proposed Santa Barbara Boulevard road improvements starting construction in 2004 with completion by 2006. Due to delays in permitting and construction of the expansion to the SCWRF, the need to transfer flows between the north and south wastewater systems is critical and the East Interconnect needs to be operational by the end of 2003. An accelerated construction schedule has been developed to allow the force main and pumping stations in service by the end of 2003. The recommended alignment consists of 33,200-LF of 16-inch diameter force main, a new master pumping station to be constructed near the intersection of Vanderbilt Beach Road and Logan Boulevard, an intermediate booster-type pumping station located north of Green Boulevard, and modifications to the existing MPS 3.13. Most of the proposed 16-inch diameter force main can be constructed within the existing right-of-way of Santa Barbara Boulevard and Logan Boulevard with minimal disruptions to the existing roadway. One of the design criteria for the new force main was to investigate whether the construction could be completed within the existing rights-of-way, such that additional easements would not have to be acquired. Priorities were placed on new force main alignments that would minimize interference with the proposed construction of the Santa Barbara Boulevard roadway-widening project, and avoid conflicts with the existing and proposed utilities. Alternate alignments were examined that would enable the force main construction to be completed outside the proposed roadway project, but within the limits of existing right-of-way. Since the Santa Barbara roadway-widening project extends the proposed roadway to the I AG~NOA I T£19~ ~o. /~ /'~ Page 1 of 2 SEP 2 q 2002 lq west, a large number of easements would need to be acquired to allow the proposed force main to be constructed on the west side of Santa Barbara Boulevard. Constructing the proposed force main on the west side of Santa Barbara Boulevard would also require extensive clearing ahead of the roadway construction, thus increasing the cost of force main construction. It was determined that the east side of Santa Barbara Boulevard would be better suited for the new force main alignment. There are four easements required for the proposed 16-inch diameter force main along the east side of Santa Barbara Boulevard near the Green Canal crossing, south of Green Street. An existing water main is located along the east side of the bridge crossing the Green Canal. A horizontal clearance of ten feet must be maintained between the existing water main and proposed force main. The proposed force main alignment is in easements ten feet east of the existing water main. An alternate force main alignment ten feet west of the existing water main was considered. The alternate alignment would require the proposed force main to be constructed under the pavement of Santa Barbara Boulevard and would require temporary closure of one lane of northbound traffic. In order to minimize public impacts and reduce construction costs, the east alignment (in easements) was selected. The east alignment will also provide for easier future access to the force main for maintenance, since it will be located outside of the pavement area. There are no environmental impacts with either force main alignment. There are also two proposed wastewater pumping stations, which are included with the East Interconnect project. Several alternate sites were evaluated for each station. Locations were selected based on proximity to the recommended force main alignment along Santa Barbara Boulevard, proximity to existing dwellings, site availability and cost. Each site would require similar footprints of construction and thus environmental impacts are similar for each site. Public safety issues are similar for each site. The intermediate pumping station site roughly measures 75 feet by 75 feet, and is located on the northeast comer of the intersection of Santa Barbara and 14th Avenue. The Vanderbilt Beach Road Master Pumping Station site measures 200 feet by 200 feet, and is located on the west side of Logan Boulevard, north of 7m Avenue NW. Estimated construction costs for this project were developed from bids for recent similar projects and information obtained from manufacturers of the equipment. The total estimated construction cost for the project is as follows: 16-Inch Force Main $ 5,205,820.00 Vanderbilt Beach Road MPS $ 1,315,485.00 Intermediate Pumping Station $ 689,770.00 Total Project Estimated Cost $ 7,211,075.00 cc: File 73132.07 MVT:mvt "' A~.~NDA NO. Page2of2 SEP 2002 EXECUTIVE SUMMARY PRESENTATION LEGION HALL) &F OPTIONS REGARDING A BUILDING (AMERICAN THE SOUTH IMMOKALEE NEIGHBORHOOD PARK PROPERTY WITH ASSOCIATFO COSTS RANGING FROM NONE TO $37,000 Obiective: To provide safe facilities for recreation uses while best utilizing taxpayer dollars. Considerations: Collier County first acquired the South Immokalee Neighborhood Park property in 1959. The building in question first appears in Parks and Recreation files labeled as the "American Legion Building" on a site drawing of the property fi.om 1972. Neighborhood parks are generally reserved for passive outdoor recreation and do not offer meeting spaces or enclosed structures. South Immokalee Neighborhood Park is the exception. The property has had several trailer-type buildings on site, which the Parks Department has repaired or demolished as necessary. Currently two structures occupy the property: a trailer used for drop-in recreation programs run by Parks staff and the building in question, which is not used for any Parks programs. The earliest record of'a lease on the building in question is fi.om 1982, when the County leased it to the American Legion Post Number 263 for ten years. Provisions of that lease stipulated that the building would be used as a meeting place for the American Legion and other neighborhood and community groups, that the tenant would assume repair and pay costs associated with maintenance, and that the lessee had no right to assign the lease to any third party. In 1992 the Board approved a second, five-year lease with the American Legion Post. The terms of the second lease were the same as the first. In 1996 Mr. Albert Lee requested in writing that the 1992 lease be renewed, and stated that "the property will continue serving in the same manner as always." The lease was extended for an additional five years in 1997 and expired on January 31, 2002. In December 2001 staff assessed the condition of the building and determined that it was not suitable or safe for continued use. Staff estimated the cost to bring the building up to code and Parks Department standards to be at least $37,000 On January 3, 2002 staff sent a letter to Mr. Albert Lee advising him that the Lease would expire and could not be renewed unless the building was brought up to code. Some time thereafter a key to the building was returned to staff. At the July '30, 2002 Board meeting Mr. Albert Lee of Immokalee requested that the building be deeded to the Victory in Jesus Church and that the Church be allowed to use it where it stands. The Board granted Mr. Lee's organization permission to use the building in the interim, and directed staff to compile options and return with a recommendation for a permanent solution. Staff met with Mr. Albert Lee, representing the Victory in Jesus Church, and discussed the following options: 1. Collier County can destroy the building and offer the church use of meeting facilities at the Immokalee Community Center for holding services. The Immokalee Fire Department may be interested in using the building to conduct a training fire. Staff would request that the Board waive the tipping fees associated with disposing of debris. Once the building is removed the Parks Department would level the site, sod the area where the building had been, and extend the existing fence as necessary. Fiscal impact to the County for this option would be approximately $4000 to make necessary improvements after the building is removed. The church does not prefer this option because although the Immokalee Community Center is about a mile away, the church feels it does not serve their neighborhood, as many of their members walk. 2. Collier County can deed the building to the church under the provision that the church move the building off County property. The Parks Department would level the site, sod the area where the building had been, and extend the existing fence as necessary. Fiscal impact to the County for this option would be approximately $4000 to make necessary improvements after the building is removed. The church does not prefer this option because the church does not have the financial resources to cover the cost of moving the building. 3. Collier County can make the necessary improvements to the building, then lease the building to the church. Fiscal impact to the County would be approximately $28,500 to bring the structure into minimum compliance with ADA standards and County building codes, or $37,000 to restore it to good working condition. Revenue fi.om a 5-year lease would be $50 at $10 per year, an amount that clearly does not offset the County's investment in the structure. If the Board were to choose this option the church would be required to provide evidence of its status as a legal entity and a certificate of liability insurance in the amount of $500,000 naming the Collier County Board of County Commissioners as additional insured and certificate holder before a lease could be entered into. 4. Collier County can enter into a provisional agreement with the church under which the church will make the necessary improvements to the building within a six-month timeframe. Upon satisfaction of that agreement the County can enter into a lease agreement with the church for the building. This option would provide the County with $50 in revenue from a five-year lease at $10 per year. This option is the one that staff recommends. If the Board chooses this option the church will be required to provide evidence of its status as a legal entity before a provisional agreement could be entered into, and a certificate of liability insurance in the amount of $500,000 naming the Collier County Board of County Commissioners as additional insured and certificate holder before a lease could be entered into. ~: Fiscal impacts associated with the above options are as follows; 1. Demolish building. Expense from Immokalee Parks MSTD General Fund (111) is approximately $4000 to make necessary improvements once the building is gone. Revenue is none. 2. Deed building to church; require them to move it off site. Expense from Immokalee Parks MSTD General Fund (111) is approximately $4000 to make necessary improvements once the building is gone. Revenue is none. 3. Repair building. Expense from Parks Improvement CIP Fund (306) is estimated at $37,000. Revenue to Immokalee Parks MSTD General Fund (111) will be $50 over a five-year period. 4. Require church to repair building; then lease it to them. Expense is none. Revenue to Immokalee Parks MSTD General Fund (111) will be $50 over a five- year period. Growth Manaflement Impact: Because it is a neighborhood park, South Immokalee Park is not inventoried in the Growth Management Plan. Recommendation: Staff recommends Option 4 outlined above, under which the County would enter into a provisional agreement with the Victory in Jesus Church wherein the church will make necessary improvements to the building on the South Immokalee Neighborhood Park property commonly referred to as the American Legion Hall. Upon satisfaction of that agreement and the additional conditions mentioned above, staff recommends that the County lease the building to the church for a period of five years at a rate of $10 per year. Submitted by: ~/(~--~'.~( ~k. '// Date: .... k~Tan~-Os~rld, ~o~dinator / Parks and Recreation Department '~ ~'/ 7 9/ Reviewed by: '~/'~'..~'~~,:,~.,; Date: 4{tar~ O. Ramsey, Dire~t6r) / / Parks and Recreation eD,..e~ment Approved by: ~~~~ Date: c~/ Jo~ Dunr/uck, Administrator DiVision of Public Services EXECUTIVE SUMMARY REQUEST BOARD PROVDE STAFF WITH DIRECTION IN REGARD TO ADDING MAINTENANCE OF DEVONSHIRE BOULEVARD TO THE RADIO ROAD BEAUT~ICATION MSTU RESPONSIBILITY AT AN ESTIMATED COST OF $40,000 ANNUALLY. OBJECTIVE: To provide updated information to the Board of County Commissioners regarding existing landscaping along Devonshire Boulevard and to request that the Board direct staff to add the ongoing maintenance responsibilities to the Radio Road MSTU. CONSIDERATIONS: Devonshire Boulevard was platted as part of Berkshire Lakes Unit 1 (Plat Book 14, Pages 118-120) in 1988. It was subsequently accepted for maintenance by Collier County on December 5, 1989 (Res. 89-385). The plat indicates that the 100' right-of-way for Devonshire Boulevard was dedicated to the public and, in addition, there is a note on the plat indicating that the Berkshire Lakes Homeowners Association (BLHOA) has the right to utilize certain buffer easements for plantings and other improvements. These buffer easements appear on the plat at the northeast and southwest comers of the fight-of-way (Attachment No. 1 ). At some point after the time of the filing of the plat, the developer, Power Corporation, or the BLHOA did indeed make landscaping improvements to the Devonshire Boulevard right-of-way, both within the platted buffer easements and within the road fight-of-way (Attachment No. 2). No permit exists documenting either the construction or maintenance responsibilities for these landscape improvements. Based on conversations between staff and BLHOA representatives, it appears that over the past twelve to fourteen years the BLHOA has been maintaining the plantings within the median and along the edges of the right-of-way. As a result of the developer's recent actions to establish a secondary connection between the Berkshire Lakes Shopping Center and Devonshire Boulevard, and the resulting modifications made to the median plantings and street light locations, the BLHOA has determined that they no longer desire to continue maintenance of the landscaping. This new connection is consistent with the original PUD that provided major access to be taken from Devonshire Boulevard (as the access road was later named) rather than from Santa Barbara Boulevard or Radio Road. Representatives of the BLHOA approached county staff and a request was made to inquire of the Radio Road MSTU advisory Committee their reaction to having the MSTU take over said maintenance. The MSTU advisory Committee initially declined to accept this responsibility; however, a recent reconsideration by the Advisory Committee has reversed this position. Although staff has some concerns about the location of some of the plantings with regard to sight lines, these issues have been reviewed in the field and any changes will be recommended on a case-by-case basis to assure long-term safe operation of the roadway. The roadway has been functioning with the current tree and shrub layout for a number of years without an undue ,,-. number of crashes or complaints. As long as the current favorable situation.c_onl, intlf~s.~.§taff sees ;--:..=END .... no need for any refurbishment at this time. , . { ~3. ~ SEP 2 q 2002 I - Executive Summary Devonshire Boulevard Landscaping Page 2 of 2 The ordinance the created the Radio Road Beautification MSTU is rather narrow in its description of the Purpose of the MSTU. Staff will need to work with the County Attorney's Office to have the ordinance amended if the Board directs that the maintenance of Devonshire Boulevard should devolve to the MSTU. FISCAL IMPACT: Annual maintenance for this roadway segment, after refurbishment, is estimated to be about $40,000. A budget adjustment to the Radio Road Beautification MSTU Fund (150) will be necessary. The annual maintenance will be budgeted in the MSTU Fund (150) in subsequent years. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board provide direction to staff to add the maintenance for the landscaping improvements for Devonshire Boulevard to the Radio Road Beautification MSTU; authorize the necessary revision(s) to the MSTU ordinance; authorize the necessary Budget Amendment; and, authorize staff to carry out the intent of the Board's direction. Edward J..~ant, PE~', f2"~nsportation Operations Director APPROVED BY: , /,tS.,~. -~._ DATE: Not'nan E. Feder, AICP, Transportation Administrator ,'- t SEP 2 A EXECUTIVE SUMMARY STATUS REPORT FOR THE BOARD'S REVIEW OF THE INTERCHANGE ENHANCEMENT RECOMMENDATIONS REQUESTED BY THE GOLDEN GATE / 1-75 AD HOC BEAUTIFICATION COMMITTEE. OBJECTIVE: Status report for the Board's review of the Committee's selection of bridge improvements, lighting, and landscape beautification for the 1-75/Golden Gate Interchange, and authorize the Committee to negotiate design options on unfunded items for subsequent Board approval. CONSIDERATION.: In February 27, 2001, the Board approved the formation of the 1-75/Golden Gate Parkway Ad Hoc Beautification Committee (Committee) to advise on the landscaping and other aesthetic enhancements for the 1-75/Golden Gate Interchange at the request of the Metropolitan Planning Organization. The Committee has provided guidance in the aesthetic appearance of the 1-75/Golden Gate corridor and coordinated with the Florida Department of Transportation (FDOT) as they developed their detailed design plans. In the Streetscape Master Plan, the 1-75/Golden Gate Interchange was designated as a Transportation Network Gateway. As a gateway to the Community, the Committee focused on maintaining the residential character of the area consistent with current zoning. The methodology of the Committee was to incorporate the residential character into the design, focus on the concerns of the community, look at the long-term maintenance, and analyze the cost of each design element. Initially, the Committee members believed that they had $1,000,000 dedicated to landscaping and irrigation alone. The Committee discovered that this figure was an approximation based on the initial FDOT budget. The actual FDOT Budget which FDOT provided during the PD&E Study, allocated $874,000.00 for landscape and irrigation, conventional lighting, special signal poles, noise wall aesthetic treatment, special light poles, bike lanes, wider sidewalks, and a contingency (Attachment No. 1 ). The aesthetic enhancements to the bridge will help maintain the residential character of the corridor they include the following recommended Committee expenditures: median planters; decorative wall and columns for light poles on the bridge; eight (8) decorative light poles on the bridge; and brick pavers on the bridge sidewalk and median. The total cost for these non-landscape items is estimated to be $150,318.00, leaving a landscape budget of $296,144.00 (Attachment No. 2). The Committee estimates the project to cost $1,369,000.00;an estimated $495,000 above the funding capabilities of FDOT. The items the Committee would like the Board to consider are as follows: · FDOT had originally proposed a chain-link pedestrian-walk cage along the sides of the bridge, which the Committee was able to eliminate from the design. The current design incorporates a more decorative mesh screen. However, the Committee is not satisfied with the appearance of the decorative mesh, which is a federal requirement on bridges that have pedestrian sidewalks. The Committee is exploring design solutions and has decided to move toward a decorative grillwork screen enhancement to provide a visual buffer and to make the project a signature structure. Conceptual designs were presented at a Public Meeting on June 6, 2002 and were well received by the Community. The estimated additional cost is $100,000 (Attachment No. 2). · The Committee has focused its efforts and limited financial resources on bridge superstructure enhancements and landscaping. These remaining hardscape components are unfunded: texturing the bridge pier, column and beams ($70,656.00); and painting the slope pavement under the AG~ur3~.)TEM SEP 2 2002 Bxeeutive Summary 1-75/Oolden Gate Interchange Committee Recommendations Page 2 of 2 bridge or texturing and painting (max $24,378.00). The total estimate for these two lower portion ~cements of the bridge is $95,034.00 · The landscape budget of $296,144.00 will provide basic landscaping and irrigation along Golden Gate Parkway from 60* Street SW to 66t~ Street SW. This basic landscaping will not provide the necessary visual buffer needed to screen the adjacent residences. In addition, there are several water retention areas that will require natural aquatic planting and landscape buffers. The Committee would like further analysis from FDOT describing the impact upon the existing buffer and the opportunity to focus on irrigating these areas for future landscaping. Additional funds in the amount of $300,000 are needed for landscaping these areas and for enhancing the areas near r~sidences. The project has been awarded $100,000 in reimbursable FDOT enhancement grants. These additional funds would be available in Fiscal Year 07/08. ~SCAL IMPACT.: The total estimated construction cost is $1,369,000.00 of which $874,000.00 is ~ budgeted by FDOT for the project. The remaining balance of $495,000.00 is being requested of the · County, although an FDOT enhancement grant of $100,000 has been awarded for the project, which would be reimbursed to the County leaving a difference of $395,034.00 as a net County contribution to this project. If the Board agrees to fund all or a portion of these additional enhancements, it would be budgeted for in Fiscal Year 07/08. An estimated annual maintenance amount of $200,000 would be budgeted in Fund 111 MSTD General Fund/Landscape Operations in Fiscal year 07/08. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this ...-. project. RECOMMENDATION.: That the Board accept this status report and provide direction to staff with respect to the added enhancements requested by the Ad Hoc Committee. If the Board determine that additional funding is in the best interest of the County, then staff also request to budget for the project's capital and maintena~s. ,,'"'-"x ~eo ~'~ Pam.~.~-Y.'~ulich, AS~L~~ Operations Manag Edw~ant~~nsportation Operations Director APPROVED BY: / /,elcx,.~/f ,/,~_.___._ Date: Nor~ E. F~r, [AICP, Transportation Administrator Atladaments: No. 1 - JDriginal FDOT Budget Estimate Breakdown No. 2 - Revised Eludget Breakdown (Funded v. Unfunded) No. 3 - Plan View of Interchange No. 4 --Elevation of Proposed Interchange AGENDA_L~EM "'" SEP 2 2OO2 A:r. ac~neLi _ Florida Department of Transportation THOMAS F. BAi~XY. IR JEB BUSH GOV~NOR .~l 1 6 O00 ~ SEC~ARY - -. MGR-LI 3-0! 1-75/Golden Gate interchange Advisoq, Comn~u. ee Transportation ~erations D~m nnem 2705 Horseshoe Drive South Naples, FL ~ ~ 04 *,~< - ~ ,,- Bre~down ofEstima:sd Cos~ z, ,,;: - 1-75 at Golden Gate ~kx':aF New~ ..... _ _ . -,u,~ :--: r mmncmi Mmua=emen: ID '<o ~ ~"'-'~ '.x-'_:', ' Mom ...... . Dear C~:..m .... . ~ ,, x.,= . ,;,.~ ~D&; Stud'..': 4 N'ois~' V,'Mi Kcstketic ~rea:ms:-: < S-_" _:_. B.~.~ Lan:s ..... - V<idcr Sidewalk i~on- <' ~.:, 0', - Subtotal = Grand Total = If you have tony questions, picxsc cc:uact me Miclnael G. ~ppe Director, Southwes: )~:a Of Sc~' MGR'Zs cc: Nicoie Mills, FDOT No.. , _~ ~ BB'an De s, FDO5 SEP 2 2002 Jok~y Limbaugh, FDOT Sa~ Cl~e, FDOT DN~ct ~e, So~w~t ~ ~ce pg. ~95 Vicm~ Av~*Po~ ~ce ~x 1030*Fon Myer, O41) ~t~3~ *(94t) 338-~53 ~LX) GOLDEN GATE/I-75 ENq ERCI-I.&NGE L.&NI)SC.4 PE BUI)GET IDEA COST FU2~'D IN G ENTITY INCORPORATE W.~T / X~TOED C~ ~ ~' ~ $2~,000.00 ~~mg budget Vetoed ~on~e ~ ~camfive Li~g $1921.00 per 30' pole. ~OT Eliminate exrept on b~ on Me~tem bridg~ Committee ~e ~om voted for std. 30' .~c~t~ml .~m ~ght poi~ spun Ligh~g. aluminum finish 400 wa~ metal h~ide fixtures. Cn~ A~c~cnt Approx. $25.00 pole FDOT ~co~om:z W~ne M~de~g $t6,0)7.30 FDOT Eliminate- usc Si&mal~ funds toward bock pavers - sidc~'alk median' Nre~ai color $7274.00 tsw~ FDOi Eliminate per N: sidc~x~ mhd ~,ncrctc 5i 1,178,00 (szp counD"s sep~tor regarding bridge ~Suh dccora::vc sb~cd pimxcrs ,' femm= tone x 4' wide, ; Cve~' 30' ~ncc. Color" ~'e~s f~,c~g Black v~vl ~tcd :. FDOT ~ora:e .per mesh fence mcludzd ~BVA ~ DOT fence would be a de~on ~om ~e ~~g budgm. Decorations for wire Depends on sizc Landscaping budgm Wait, PendNg nzxx mesh fence meeting (ex. Manatees ~4th ($102,000.00,//1) x~aves and sea grass) ($192,000.00, #2) '~Vait -price Decorative metal , Price Pending depem ent AOENDA..LTEM [ work similar to ~ No.__ _~O k.) .. I Cortland Mall ' ' s P 2 oo2 Lute.mai color on the $14.560.00 FDOT Incorporate. Fede:~a] Standardm color bridge. Outside ma:ch as close ms bridge bean~, piers possible to the and colurmas. En~,lish I',7' Green. Into_m-axe color on $10,944.00 ' FDOT Pl~,ious vote incorporam bamer, color? Paint existing bridge $58,240.00 Landscaping budget wmt Brick pavers in $37,400.00 sidewalks Land,lng budget Imcorporate - media~ mad side'~-alk ~8.567.00 median sidewalks and ($55.00 ! ST) decorative border in median (cost to be determined? Tcxnainze the bridge $18,240 ton barncr~ t.zmos,.~pm2 budget components v,4~ St/,4i_ (on concrete spray form pie~) $34944 (on e.,2~. piers, coiumm: and b<rm) Total $ 70.65<;.00 __ p~ntmg of $io?c $20-57 ~ "" ~:iscapi::g budc :: pavement_ under bnd,2¢ __ -- . ' 7ex~cunZc siopc : $24:378 O0 Lan~czF. Lu: uuarc: Fare,men: (inc. colt:r) : ' Modifi.~d jsrsc-:- $43,750.0(., ~dsca,win~ budcc: Inc::,rpo rat: hamer, as depicted on (combinaIion of Pain's drax~4mg, barrier ~1 and colunms listed { Coiunms for lip,~ht See line above. -]_2ndscaping budget Incorporate ' poles, as depict~-~d on Pain's dmwm~. Budget Summary: $ 300,000.00 landscaping budget 80,0013.00 noise wall aexthetic treatment 32,0(10.00 painting light poles 16,037.00 meandering sidewalks * 7,274.00 integral color - sidewalk ' 11,178.00 integral color- median separator * $ 446,46Z00 available funding A~FN~ ITEM - No. SEP 2 2002 pg. _~ 66,500.00 medizm planters 4.3,750.00 barrier wall and calumns for light poles on bridge 2,168.00 decorative lights on bridge - 8 lights 37,400.00 brick pavers for sidewalks on bridge ~ 5,000.00 brick pavers for median border- estimate · 150.318.00 Total: $ 446,462.00 - 150.318.00 $ 296,144. O0 ]3iscussed at mee:ing held :. ~:,, 30. 2902. Consev. sus of members present: no official vote. AG~un~EM No. ._~t.Lgt_-)_ ~ SEP 2 2002 EXECUTIVE SUMMARY APPROVE AN ADDENDUM TO THE LANDSCAPING INSTALLATION AND MAINTENANCE HIGHWAY AGREEMENT IN THE AMOUNT OF $288,000. WITH THE FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) WITHIN THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA; AUTHORIZING THE CHAIRMAN TO EXPAND THE BOUNDARIES OF THE EXISTING US 41 NORTH PHASE I AGREEMENT TO VANDERBILT BEACH ROAD. .~e.-(~: For the Board to approve an addendum to the Landscaping installation and maintenance highway agreement with the FDOT. The original agreement extends along US 41 North from Pine Ridge Road (CR 896) to Gulf Park Drive, a County Road. The addendum would expand the northern boundary to Vanderbilt Beach Road. CONSIDERATIONS: Median landscaping for North Tamiami Trail (SR 45), from Gulf Park Drive to Vanderbilt Beach Road (CR 862), has been identified in the Collier County Streetscape Master Plan. On December 14, 1999, the Board approved Item 12(C)(2) for the Pelican Bay MSTBU to provide financing for landscape beautification on US 41 North from Pine Ridge Road to Vanderbilt Beach Road. The Board approved cost sharing for landscape beautification of that portion of US 41 North from Pine Ridge Road to Vanderbilt Beach Road according to the original agenda item. The estimated cost of the US 41 North Beautification project was estimated to cost $502,000. The project was divided into two (2) segments: Segment I: US 41 North Phase I segment, Pine Ridge Road to Gulf Park Drive, was completed the first Quarter of 2002. The US 41 North Phase I project was a 50/50 match between Fund 322, Pelican Bay Irrigation & Landscaping System Analysis, and MSTD General Fund 111 for a total amount not to exceed $502,000. Through the execution of the Landscaping Installation and Maintenance Highway Agreement, Collier County assumed maintenance responsibility of the US 41 North Phase I. Segment 2: Pelican Bay MSTBU will fund the construction cost of US 41 North Phase II, Gulf Park Drive to Vanderbilt Beach Road (1.34 centerline miles). Collier County is required to enter into an agreement for the maintenance of landscaping improvements within FDOT rights-of-way. The Pelican Bay MSBU is requesting Collier County to assume the maintenance responsibility of US 41 Phase II. FISCAL IMPACT: Estimated construction costs for US 41N are $288.,000, which will be funded from Pelican Bay MSTBU Irrigation and Landscaping System Analysis Fund in FY 03. The fiscal impact associated with this project is maintenance for the landscaping and irrigation improvements (1.3 total miles of improvements) for an estimated $105,000.00 per year from Fund 111 MSTD General Fund/Landscape Operations. Pelican Bay Services Division will maintain rights-of-way adjacent to the Pelican Bay Development. GROWTH MANAGEMENT IMPACT: None. AGENDA IT~. No.~..~,~ SEP 2 2002 Pg.. / RECOMMENDATION: That the Board of County Commissioners: approve the future landscaping of US 41 North from Gulf Park Drive to Vanderbilt Beach Road; authorize the Chairman to execute an amended Highway Landscaping Installation and Maintenance Agreement with the FDOT; and, authorize staff to provide any documentation necessary to carry out the Board's direction. Ja~.sj ~ard,'Dep~rt~nt Dir~to~can Bay Servic ,or D,,,: Edw ,a~. J. Kant P , Tr r{ation Operations Direc APPROVED B~: Nc~(~ ~~~Transportation Services Administrator Date: AGENDA ITEM ~o. ",-~£,- SEP 2 ~ 2002 pg, 2.~ EXECUTIVE SUMMARY APPROVE AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORPORATION IN THE AMOUNT OF $35,000.00. ~: For the Board to approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation (VDC). CONSIDERATION: The original terms of the Vineyards Agreement approved by the Board in February 1994, provided that the Board would pay the VDC a lump sum payment of $180,000 for the landscape and irrigation installation on Pine Ridge Road. In addition, the Board paid the VDC $37,000 per year for the first two (2) years of the maintenance service period. The remaining eight (8) years of the maintenance service period continue to be at the VDC's expense. During the recent road-widening project, the irrigation lines were cut during construction making the system inoperable. As part of the amended Agreement, the Board will pay for the redesign and construction of a new irrigation system to replace the old system (estimated $35,000 cost to the County) and the VDC will furnish and pay for the design and installation of the landscape plant material (estimated $56,000 cost to the VDC). As part of the original agreement, the VDC will continue to maintain the landscaping and irrigation system through the duration of the contract through February 2004. ~'~' (~FISCAL IMPACT: Funds in an amount estimated to be $35,000. Funds ar.e .available through Fund k~ MSTD General Fund l l lin Fiscal Year 03. . GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this project. RECOMMENDATION: That the Board approve the amended median landscaping agreement between Collier County and the Vineyards Development Corporation, and approve the funding for irrigation design and installati amount esti~_~~5, _~ PREPARED BY: / ~ ~/~'~ -' Date: ~rations Manager REVIEWED BY: Date: Ed 'w~,C~7.i~_~a_n,~__P~~ation Operations Director APPROVED BY: Date: g'-- Norn~n E. Feder, AICP, Transportation Administrator Attachments: No. 1 - ~mended Median Landscaping Agreement Between Collier County and Vineyards Development Corporation No. 2 - Landscape Construction Documents AGENDA ITEM '" No. , , SEP 2 070102 DRAFT AMENDED MEDIAN LANDSCAPING AGREEMENT BETWEEN COLLIER COUNTY AND THE VINEYARDS DEVELOPMENT CORPORATION The Board of County Commissioners of Collier County, Florida, (hereinafter referred as "BOARD"), hereby amends the existing contract with Vineyards Development Corporation (hereinafter referred to as "CONTRACTOR") to perform all construction work and maintenance services ("Work" unless specifically limited to construction Work or "Maintenance Services") in connection with the Median Beautification Program for Pine Ridge Road ("Project"), as said Construction Work and Maintenance Services are set forth in the plans and specifications prepared by CONTRACTOR and other contract documents hereinafter specified. WHEREAS, the CONTRACTOR desires to improve and maintain certain roadway medians on Pine Ridge Road in order to benefit his development; and WHEREAS, the BOARD agreed to accept the CONTRACTOR'S proposal to improve $$,000 square feet of medians on Pine Ridge Road and to maintain thc improvements until February, 2004; and WHEREAS, employees of thc BOARD cut the water irrigation lines during thc construction of the widening of Pine Ridge Road, making the irrigation existing pursuant to the original agreement inoperable. BOARD and CONTRACTOR, for the consideration herein set forth, agree as follows: Section 1. Contract Documents. A. The Contract Documents consist of this Agreement, the Exhibits described in Section 6 hereof, change orders and amendments relating thereto. All of the foregoing contract documents are incorporated by reference and made a part of this Agreement. Section 2. Scope of Work. CONTRACTOR agrees to furnish and pay for all management, supervision, financing, labor, materials, tools, fuel, supplies, utilities, equipment and services of every kind of type necessary to diligently, timely, and fully perform and complete in a good and workmanlike manner the Work required by the Contract Documents, except the BOARD shall pay for the redesign and construction of a new irrigation system to replace the old system. The redesign of the irrigation should occur on or about August 15, 2002. On or about September 30, 2002 the Notice to Proceed to the irrigation contractor shall be issued. ~ GEN D A_IT,F~M SEP 2 q ZOO2. 1 ~.g. ~ Section 3. Contract Amount. Upon final completion of the landscaping to be provided by the Contractor within the revised Project, the BOARD will pay for the redesign of the irrigation system for the two (2) medians located on Pine Ridge Road adjacent to the Vineyards Development. Section 4. Contract Time. A. The commencement date shall be established in the Notice to Proceed issued by the BOARD's project manager. CONTRACTOR shall commence the re-installation of the plant material work within five (5) calendar days from the commencement date. No Construction Work shall be performed at the project site prior to the commencement date. Any Construction Work performed by CONTRACTOR prior to the commencement date shall be at the sole risk of CONTRACTOR. The Construction Work shall be substantially complete within 90 calendar days from the commencement date. The date of substantial completion of the Construction Work is the date certified by the BOARD's project manager when construction is sufficiently complete in accordance with the contract documents for the use for Which it is intended. The BOARD will inspect the Contractor's work within five (5) days of the Contractor's Notice to Inspect same. Also, please state that acceptance should be given to the work if it is completed according to generally acceptable standards. The Construction Work shall be fully completed and ready for final acceptance by the BOARD's project manager within 120 calendar days from the commencement date. B. The Maintenance Services shall begin upon acceptance of the Construction Work by the BOARD and shall be provided by the CONTRACTOR for a period of ten years. C. When any period of time is reference by days herein, it shall be computed to exclude the first day and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation, and the last day shall become the next succeeding day which is not a Saturday, Sunday or legal holiday. Section 5. Exhibits Incorporated. The following documents are expressly agreed to be incorporated by reference and made a part of this Agreement. Exhibit A: General Terms and Conditions Exhibit B: Insurance Requirements Exhibit C: Maintenance Services Specification Exhibit D: Construction Work Plans and Specifications SEP 2002 2 i ~g._ 3 i Section 6. Notices. A. All notices required or made pursuant to this Agreement by the CONTRACTOR to the BOARD shall be in writing and delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Pamela Lulich, ASLA Landscape Operations Manager 3301 East Tamiami Trail Naples, Florida 33962 B. All notices required or made pursuant to this Agreement by BOARD to CONTRACTOR shall be made in writing and shall be delivered by hand or by United States Postal Service Department, first class mail, postage prepaid, return receipt requested, addressed to the following: Michel Saadeh, President Vineyards Development Corporation 75 Vineyards Boulevard, Suite 500 Naples, Florida 33999 C. Either party may change its above noted address by giving written notice to the other party in accordance with the requirements of this Section. Section 7. Modification. No modification or change to the Agreement shall be valid or binding upon the parties unless in writing and executed by the party or parties intended to be bound by it. Section 8. Successors and Assigns. Subject to other provisions hereof, the Agreement shall be binding upon and shall inure to the benefit of the successors and assigns of the parties to the Agreement. Section 9. Governing Law. This Agreement shall be interpreted under and its performance governed by the laws of the State of Florida. Section 10. No Waiver. The failure of the BOARD to enforce at any time or for any period of time any one or more of the provisions of the Agreement shall not be construed to be and shall not [ AGENDA IIEM I SEP 2 q 2002 3 I be a waiver of any such provision or provisions or of its right thereafter to enforce each and every such provision. Section 11. Entire Agreement. Each of the parties hereto agrees and represents that the Agreement comprised the full and entire agreement between the parties affecting the Work contemplated, and no other agreement or understanding of any nature concerning the same has been entered into or will be recognized, and that all negotiations, acts, work performed, or payments made prior to the execution hereof shall be deemed merged in, integrated and superseded by the Agreement. Section 12. Severabilit¥. Should any provision of the Agreement be determined by a court to be unenforceable, such a determination shall not affect the validity or enforceability of any other section or part thereof. IN WITNESS WHEREOF, the parties have executed this Agreement on the date(s) indicated below. ATTEST: CONTRACTOR: Corporate Secretary Vineyards Development Corporation By: 2''a Witness Its: President (if not incorporated) Date: [Corporate Seal] ATTEST: Board of County Commissioners Dwight E. Brock, Clerk of Collier County, Florida By: By: Deputy Clerk James N. Coletta, Chairman Approved as to Form and Legal Sufficiency: Jacqueline Hubbard Robinson Assistant County Attorney ,~GEI~D.~~ .S E P 2 4 2002 4 pg. EXHIBIT "A" GENERAL TERMS AND CONDITIONS 1. INTENT OF CONTRACT DOCUMENTS. 1.1 It is the intent of the Contract Documents to describe a functionally complete Project to be constructed and maintained in accordance with the Contract Documents. Any work, materials or equipment that may reasonably be inferred from the Contract Documents as being required to produce the intended result shall be supplied whether or not specifically called for. When works which have a well-known technical or trade meamng are used to describe Work, materials or equipment, such words shall be interpreted in accordance with that meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association or to the laws or regulations of any governmental authority having jurisdiction over the Project, whether such reference be specific or by implication, shall mean the latest standard specification, manual, code, law or regulation in affect at the time the Work is performed, except as may be otherwise specifically stated herein. 1.2 If before or during the performance of the Work CONTRACTOR discovers a conflict, error or discrepancy in the Contract Documents, CONTRACTOR immediately shall report same to BOARD in writing and before proceeding with · -- the Work affected thereby shall obtain a written interpretation or clarification from the BOARD. CONTRACTOR shall take field measurements and verify field conditions and shall carefully compare such field measurements and conditions and other information known to CONTRACTOR with the Contract Documents before commencing any portion of the Work. 1.3 Drawings are intended to show general arrangements, design and extent of Work and are not intended to serve as shop drawings. Specifications are separated into divisions for convenience of reference only and shall not be interpreted as establishing divisions for the Work, trades, subcontracts, or extent of any part of the Work. In the event of a discrepancy between or among the drawings, specifications r other Contract Document provisions, CONTRACTOR shall be required to comply with the provision which is the more restrictive or stringent requirement upon the CONTRACTOR, as determined by the BOARD. Unless otherwise specifically mentioned, all anchors, bolts, screws, fittings, fillers, hardware, accessories, trim and other parts required in connection with any portion of the Work to make a complete, serviceable, finished and first quality installation shall be furnished and installed as part of the Work, whether or not called for by the Contract Documents. 2. INVESTIGATION AND UTILITIES. i SEP 2 4 002 5 1 2.1. CONTRACTOR shall have the sole responsibility of satisfying itself concerning the nature and location of the Work and the general and local conditions, and particularly, but without limitation, with respect to the following: those affecting transportation, access, disposal, handling and storage of materials; availability and quality of labor; water and electric power; availability and condition of roads; Work area; living facilities; climatic conditions and seasons; physical conditions at the Work-site and the project area as a whole; topography and ground surface conditions; nature and quantity of the surface materials to be encountered; subsurface conditions; equipment and facilities needed preliminary to and during performance of the Work; and all other costs associated with such performance The failure of CONTRACTOR to acquaint itself with any applicable conditions shall not relieve CONTRACTOR from any of its responsibilities to perform under the Contract Documents, nor shall it be considered the basis for any claim for additional time or compensation. 2.2. CONTRACTOR shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site, said roadways, railways, drainage facilities and utilities being referred to as necessary for the relocation, design and construction of the new irrigation system, said roadways, railways, drainage facilities and utilities being referred to in this Sub-Section 2.2 as the "Utilities". CONTRACTOR shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the Project. CONTRACTOR shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 2.3. BOARD shall locate all existing roadways, railways, drainage facilities and utility services above, upon, or under the Project site. BOARD shall contact the owners of all Utilities to determine the necessity for relocating or temporarily interrupting any Utilities during the construction of the new irrigation system. BOARD shall be responsible for properly shoring, supporting and protecting all Utilities at all times during the course of the Work. 3. SCHEDULE. 3.1 The CONTRACTOR, within ten (10) calendar days after receipt of the Notice To Proceed, shall prepare and submit to BOARD for his review and approval, a progress schedule for the Project (herein "Progress Schedule"). The Progress Schedule shall relate to all Construction Work required by the Contract Documents and shall provide for expeditious and practicable execution of the Construction Work within the Contract Time. The Progress Schedule shall indicate the dates for starting and completing the various stages of the Construction Work. is,A. GEh!E) ~ IT~VI 'O,__ ~ ~.' ! SEP q .002 .,. ,,/, ... 3.2 The Progress Schedule shall be updated monthly by the CONTRACTOR. All -- monthly updates to the Progress Schedule shall be subject to the BOARD'S review and approval. CONTRACTOR shall submit the updates to the Progress Schedule on or about the first workday of each month. 3.3 BOARD shall commence the process of selecting an irrigation designer immediately upon approval by the BOARD of the Amended Agreement. 4. PAYMENTS. 4.1 Prior to submitting its Application for Payment of Construction Work, CONTRACTOR shall submit to BOARD for his review and approval, a release and affidavit showing that all materials, labor, equipment, and other bills associated with the Construction Work have been paid in full. 4.2 CONTRACTOR'S acceptance of payment of Construction Work shall constitute a full waiver of any and all claims by CONTRACTOR against BOARD arising out of this Agreement or otherwise relating to the project except those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Construction Work nor payment of Construction Work by the BOARD shall be deemed to be a waiver of BOARD'S right to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Construction Work not discovered at the time of final inspection. 4.3 CONTRACTOR'S acceptance of payment of Construction Work shall constitute a full waiver of any and all claims by CONTRACTOR against BOARD arising out of this Agreement or otherwise relating to the project except those previously made in writing and identified by CONTRACTOR as unsettled at the time of final payment. Neither the acceptance of the Maintenance Service nor payment of Maintenance Services by the BOARD shall be deemed to be a waiver of BOARD'S right to enforce any obligations of CONTRACTOR hereunder or to the recovery of damages for defective Maintenance Services not discovered at the time of final inspection. 4.4 BOARD shall be responsible for all cost to redesign the new irrigation system in the areas previously identified as having been destroyed during the widening of Pine Ridge Road. 5. INDEMNIFICATION AND INSURANCE. 5.1 CONTRACTOR agrees to save harmless, indemnify, and defend BOARD from any and all claims, losses, penalties, demands, judgments, and costs of suit, including attorneys' fees and paralegals' fees, for any expense, damage or liability incurred by any of them, whether for personal injury, property damage, direct or ---- consequential damages, or economic loss, arising directly or indirectly on ac, ~ou,t ^GFND~ I~EN~i- No.~! 7 2 2002 2 of or in connection with the Work done by CONTRACTOR under this Agreement or by any person, firm or corporation to whom any portion of the Construction Work or Maintenance Services are subcontracted by CONTRACTOR or resulting from the use by CONTRACTOR, or by any one for whom CONTRACTOR is legally liable, of any materials, tools, machinery or other property of BOARD. This provision is intended to apply even if the injury or damage is caused in whole or in part by any act, omission or default of the BOARD or Design Professional or their consultants, agents officers and employees. BOARD and CONTRACTOR agree the first $100.00 of the Contract Amount paid by BOARD to CONTRACTOR shall be given as separate consideration for this indemnification, and any other indemnification of BOARD by CONTRACTOR provided for within the Contract Documents, the sufficiency of such separate consideration being acknowledged by CONTRACTOR by CONTRACTOR'S execution of the Agreement. The CONTRACTOR'S obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this contract or the CONTRACTOR'S limit of, or lack of, sufficient insurance protection. 5.2 CONTRACTOR shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in Exhibit B to the Agreement. All insurance policies shall be from responsible companies duly authorized to do business in the State of Florida and/or responsible risk retention group insurance companies which are registered with the State of Florida. Within ten (10) calendar days after Notice of Award is received by CONTRACTOR, CONTRACTOR shall provide BOARD with properly executed Certificates of Insurance to evidence CONTRACTOR'S compliance with the insurance requirements of the Contract Documents. Said Certificates of Insurance shall be on forms approved by BOARD. The Certificates of Insurance shall be original and signed by the authorized representatives of the insurance company/companies shown on the Certificates of Insurance, with proof that they are authorized representatives thereof. In addition, certified, true and exact copies of all insurance policies required hereunder shall be provided to BOARD, on a timely basis, when requested by BOARD. 5.3 The Certificates of Insurance and required insurance policies shall contain provisions that thirty (30) days prior written notice by registered or certified mail shall be given to BOARD of any cancellation, intent not to renew, or reduction in the policies or coverage's, except in the application of the aggregate limits provisions. In the event of a reduction in the aggregate limit of any policy, CONTRACTOR shall immediately take steps to have the aggregate limit reinstated to the full extent permitted under such policy. 5.4 All insurance coverage's of the CONTRACTOR shall be primary to any insurance or self insurance program carried by the BOARD applicable to ~this Project. The acceptance by BOARD of any Certificate of Insurance does~not Ii s EP q 2002 8 constitute approval or agreement by the BOARD that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of the Contract Documents. No Construction Work or Maintenance Services shall commence at the Project site unless and until the required Certificates of Insurance are received by the BOARD. 5.5 CONTRACTOR shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in Exhibit B, unless such insurance requirements for the subcontractor is expressly waived in writing by the BOARD. All liability insurance policies, other than professional liability, worker's compensation, employer's liability and business auto liability policies, obtained by CONTRACTOR to meet the requirements of the Contract Documents shall name the BOARD as additional insured. If any insurance provided pursuant to the Contract Documents expires prior to the completion of the Work, renewal Certificates of Insurance and if requested by BOARD, certified, true copies of the renewal policies, shall be furnished by CONTRACTOR within thirty (3) days prior to the date of expiration. 5.6 Should at any time the CONTRACTOR not maintain the insurance coverage's required herein, the BOARD may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverage's and charge the CONTRACTOR for such coverage's purchased. The BOARD shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverage's purchased or the insurance company or companies used. The decision of the BOARD to purchase such insurance coverage's shall in no way be construed to be a waiver of any of its rights under the Contract Documents. 5.7 CONTRACTOR shall submit to Board's project manager a copy of all accident reports arising out of any injuries to its employees or those of any firm or individual to whom it may have subcontracted a portion of the Work, or any personal injuries or property damages arising or alleged to have arisen on account of any work by CONTRACTOR under the Contract Documents. 6. COMPLIANCE WITH LAWS. 6.1 CONTRACTOR agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to the Project, including but not limited to those dealing with taxation, worker's compensation, equal employment and safety (including but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes). If CONTRACTOR observes that the Contract Documents are at variance therewith, it shall promptly notify BOARD and Design Professional in writing. ! SEP 2 h 2002 i 7. CT.F. ANUP AND PROTECTIONS. 7.1 CONTRACTOR agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, CONTRACTOR shall remove all debris, rubbish and waste materials, and shall leave the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean and ready for occupancy by BOARD. 7.2 Any existing surface or subsurface improvements, including, but not limited to, pavements, curbs, sidewalks, pipes, utilities, footings, structures, trees and shrubbery, not indicated in the Contract Documents to be removed or altered, shall be protected by CONTRACTOR from damage during the prosecution of the Work. Any such improvements so damaged shall be restored by CONTRACTOR to the condition equal to that existing at the time of CONTRACTOR'S commencement of the Work. 8. ASSIGNMENT. 8.1. CONTRACTOR shall not assign this Agreement or any part thereof, without the prior consent in writing of BOARD. If CONTRACTOR does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward CONTRACTOR all of the obligations and responsibilities that CONTRACTOR has assumed toward BOARD. 9. PERMITS, LICENSES AND TAXES. 9.1 Pursuant to Section 218.80, F.S., BOARD will pay for all Collier County permits and fees, including license fees, permit fees, impact fees or inspection fees applicable to the work through an internal budget transfer(s). CONTRACTOR is not responsible for paying for permits issued by Collier County, but is responsible for acquiring all permits. BOARD may require the CONTRACTOR to deliver internal budget transfer documents to applicable Collier County agencies when the CONTRACTOR is acquiring permits. 9.2 All permits, fees and licenses necessary for the prosecution of the Work which are not issued by Collier County shall be acquired and paid for by the CONTRACTOR. 9.3 CONTRACTOR shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. 10. COMPLETION OF CONSTRUCTION WORK; INITIATION OF MAINTENANCE SERVICES. AGENDA IT. EM, SEP 2 2002 ]0 F &.._~/ _ 19. I When the New Construction Work is ready for its intended use, CONTRACTOR shall notify BOARD in writing that the entire Construction Work is complete and request that the BOARD issue a Certificate of Completion. Within a reasonable time thereafter, BOARD and CONTRACTOR shall make an inspection of the Construction Work to determine the status of completion. If BOARD does not consider the Construction Work completed, BOARD shall notify CONTRACTOR in writing giving the reasons therefore. If BOARD considers the Construction Work complete, the BOARD shall prepare and deliver to CONTRACTOR a Certificate of Completion that shall fix the date of Completion for the entire Construction Work. Upon receipt of written certification by CONTRACTOR that the New Construction Work is completed in accordance with the Contract Documents and is ready for final inspection and acceptance. BOARD will make such inspection and determine, if the Construction Work is acceptable and fully performed under the Contract Documents: CONTRACTOR shall submit: (1) the Release and Affidavit in the form attached as Exhibit D, (2) if required by BOARD, other data establishing payment or satisfaction of all obligations, such as receipts, releases and waivers of liens, arising out of the Contract Documents, to the extent and in such form as may be designated by BOARD. Unless and until the BOARD is completely satisfied, Contractor shall be in default of the Amended Agreement. 10.2 After CONTRACTOR completes the Construction Work, the ten (10) year original Maintenance Service period shall continue until the amended contract is terminated on or about February, 2004. 11. WARRANTY. 11.1 CONTRACTOR shall obtain and assign to BOARD all express warranties given to CONTRACTOR or any subcontractors by any materialism supplying materials, equipment or fixtures to be incorporated into the Project. CONTRACTOR warrants to BOARD that any materials and equipment furnished under the Contract Documents shall be new unless otherwise specified, and that all Work shall be of good quality, fee from all defects and in conformance with the Contract Documents. CONTRACTOR further warrants to BOARD that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion_of the new landscaping work, any Construction Work is found to be defective or not in conformance with the Contract Documents, CONTRACTOR shall correct it promptly after receipt of written notice from BOARD. CONTRACTOR shall also be responsible for and pay for replacement or repair of adjacent materials or Construction Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which BOARD is entitled ..-. as a matter of law. AgE~,'r~ tT£M t ,lOC, 11 SEP 2 q 2002 Fg. / ~ 12. TESTS AND INSPECTIONS. 12.1 BOARD, its respective representatives, agents and employees, and governmental agencies with jurisdiction over the Project shall have access at all times to the New Work, whether the Work is being performed on or off of the Project site, for his observation, inspection and testing. CONTRACTOR shall provide proper, safe conditions for such access. CONTRACTOR shall provide BOARD with timely notice of readiness of the New Work for all required inspections, tests or approvals. 12.2 If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, CONTRACTOR shall assume full responsibility therefore, pay all costs in connection therewith and furnish BOARD the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the BOARD. 12.3 Neither observations nor other actions by the BOARD nor inspections, tests or approvals by others shall relieve CONTRACTOR from CONTRACTOR'S obligations to perform the New Work in accordance with the Contract Documents. 13. DEFECTIVE WORK. 13.1 Work not conforming to the requirements of the Contract Documents shall be deemed defective Work. If required by BOARD, CONTRACTOR shall as directed, either correct all defective Work, whether or not fabricated, installed or completed, or if the defective Work has been rejected by BOARD, remove it from the site and replace it with undefective Work. CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal (including, but not limited to fees and charges of engineers, architects, attorneys and other professionals) made necessary thereby, and shall hold BOARD harmless for sanle. 13.2 If CONTRACTOR fails, within a reasonable time after the written notice from BOARD, to correct defective Work or to remove and replace rejected defective Work as required by BOARD, or if CONTRACTOR fails to perform the Work in accordance with the Contract Documents, or if CONTRACTOR fails to comply with any of the provisions of the Contract Documents, BOARD may, after seven (7) days written notice to CONTRACTOR, correct and remedy any such deficiency. To the extent necessary to complete corrective and remedial action. 14. TERMINATION FOR DEFAULT. jc> ¢, SEF' 2 q 2002 12 Pg._ 15 14.1 CONTRACTOR shall be considered in material default of the Agreement and such default shall be considered cause for BOARD to terminate the Agreement, in whole or in part, as further set forth in this Section, if CONTRACTOR: (1) fails to begin the Work under the Contract Documents within the time specified herein; or (2) fails to properly and timely perform the Work as directed by the BOARD or as provided for in the approved Progress Schedule; or (3) performs the Work unsuitably or neglects or refused to remove materials or to correct or replace such Work as may be rejected as unacceptable or unsuitable; or (4)fails to resume Work which has been suspended within a reasonable time after being notified to do so; or (5)becomes insolvent or is declared bankrupt, or commits any act of bankruptcy; or (6) allows any final judgment to stand against unsatisfied for more than ten (10) days; or (7) makes an assignment for the benefit of creditors; or (8) fails to obey any applicable codes, laws, ordinances, rules or regulations with respect to the Work; or (9) materially breaches any other provision of the Contract Documents. 14.2 BOARD shall notify CONTRACTOR in writing of CONTRACTOR'S default(s). If BOARD determines that CONTRACTOR has not remedied and cured the default(s) within seven (7) calendar days following,receipt by CONTRACTOR of said written notice, then BOARD, at its option, without prejudice to any other right or remedy it may be entitled to hereunder or by law, may terminate CONTRACTOR'S right to proceed under the Agreement, in whole or in part, and take possession of all or any portion of the Work and any materials, tools, equipment, and appliances of CONTRACTOR, take assignments of any of CONTRACTOR'S subcontracts and purchase orders, and complete all or any portion of CONTRACTOR'S Work by whatever means, method or agency which BOARD, in its sole discretion, may choose. 14.3 If BOARD deems any of the foregoing remedies necessary, CONTRACTOR agrees that it shall not be entitled to receive any further payments hereunder until after the Project is completed. All monies expended and all of the costs, losses, damages and extra expenses, including all management, administrative and other overhead and other direct and indirect expenses (including consultant and attorney's fees) or damages incurred by BOARD incident to such completion, shall be deducted from the Contract Amount, and if such expenditures excess the unpaid balance of the Contract Amount, CONTRACTOR agrees to pay promptly to BOARD on demand the full amount of such excess, including costs of collection, attorney's fees (including appeals) and interest thereon at the maximum legal rate of interest until paid. If the unpaid balance of the Contract Amount exceeds all such costs, expenditures and damages incurred by the BOARD to complete the Work, such excess shall be paid to the CONTRACTOR. The amount to be paid to the CONTRACTOR or BOARD, as the case may be, shall be approved by the BOARD, upon application, and this obligation for payment shall survive termination of the Agreement. F ' / 2 ZOO2 14.4 The liability of CONTRACTOR hereunder shall extend to and include the full amount of any and all sums paid, expenses and losses incurred, damages sustained, and obligations assumed by BOARD in good faith under the belief that such payments or assumptions were necessary or required, in completing the Work and providing labor, materials, equipment, supplies, and other items therefore or re-letting the Work, and in settlement, discharge or compromise of any claims, demands, suits, and judgments pertaining to or arising out of the work hereunder. 15. SUPERVISION AND SUPERINTENDENTS. 15.1 CONTRACTOR shall plan, orgamze, supervise, schedule, monitor, direct and control the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. CONTRACOTR shall be responsible to see that the finished Work complies accurately with the Contract Documents. CONTRACTOR shall keep on the Work at all times during its progress a competent resident supervisor, who shall not be replaced without prior written notice to BOARD except under extraordinary circumstances. The supervisor shall be CONTRACTOR'S representative at the Project site and shall have authority to act on behalf of CONTRACTOR. All communications given to the supervisor shall be as binding as if given to the CONTRACTOR. BOARD shall have the right to direct CONTRACTOR to remove and replace its Project supervisor, with or without cause. 16. PROTECTION OF WORK. 16.1 CONTRACTOR shall fully protect the Construction Work from loss or damage and shall bear the cost of any such loss or damage until payment for future Maintenance Services has been made. If CONTRACTOR or any one for whom CONTRACTOR is legally liable for is responsible for any loss or damage to the Work, or other work or materials of BOARD or BOARD'S separate contractors, CONTRACTOR shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due CONTRACTOR. 16.2 CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure to be loaded in any manner that will endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 16.3 CONTRACTOR shall not disturb any benchmark established by the BOARD with respect to the Project. If CONTRACTOR, or its subcontractors, agents or anyone for whom CONTRACTOR is legally liable, disturbs the BOARD'S .~ benchmarks, CONTRACTOR shall immediately notify BOARD. The BOARD AGEND_..~rt.TEM shall re-establish the benchmarks and CONTRACTOR shall be liable for all costs incurred by BOARD associated therewith. 17. EMERGENCIES. 17.1 In the event of an emergency affecting the safety or protection of persons or the Work or property at the Project site or adjacent thereto, CONTRACTOR, without special instruction or authorization from BOARD is obligated to act to prevent threatened damage, injury or loss. CONTRACTOR shall give BOARD written notice within forty-eight (48) hours after the occurrence of the emergency, if CONTRACTOR believes that any significant changes in the Work or variations from the Contract Documents have been caused thereby. If the BOARD determines that a change in the Contract Documents is required because of the action taken in response to an emergency, a Change Order shall be issued to document the consequences of the changes or variations. If CONTRACTOR fails to provide the forty-eight (48) hour written notice noted above, the CONTRACTOR shall be deemed to have waived any right it otherwise may have had to seek an adjustment to the Contract Amount or an extension to the Contract Time. 18. USE OF PREMISES. 18.1. CONTRACTOR shall confine all construction equipment, the storage of materials ~ and equipment and the operations of workers to the Project site and land and areas identified in and permitted by the Contract Documents and other lands and areas permitted by law, rights of way, permits and easements, and shall not unreasonably encumber the Project site with construction equipment or other material or equipment. CONTRACTOR shall assume full responsibility for any damage to any such land or area, or to the BOARD or occupant thereof, or any land or areas contiguous thereto, resulting from the performance of the Work. 19. SAFETY. 19.1 CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. CONTRACTOR shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 19.1.1. All employees on the Work and other persons and/or organizations who may be affected thereby; 19.1.2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Project site; and 19.1.3. Other property on Project site or adjacent thereto, including trees, shrubs, walks, pavements, roadways, structu,, res utilities and any underground structures or impro~emer~. 15 not designated for removal, relocation or replacement in the Contract Documents. 19.2. CONTRACTOR shall comply with all applicable codes, laws, ordinances, rules and regulations of any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. CONTRACTOR shall erect and maintain all necessary safeguards for such safety and protection. CONTRACTOR shall notify owners of adjacent property and of underground structures and improvements and utility BOARD when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal, relocation or replacement of their property. CONTRACTOR'S duties and responsibilities for the safety and protection of the Work shall continue until such time as the Work is completed and final acceptance of same by BOARD has occurred. 19.3. CONTRACTOR shall designate a responsible representative at the Project site whose duty shall be the prevention of accidents. This person shall be CONTRACTOR'S supervisor unless otherwise designated in writing by CONTRACTOR to BOARD. 20. MAINTENANCE. For Maintenance Services purposes, the contract administrator will be the Transportation Services Administrator or his designee. EXHIBIT "B" INSURANCE REQUIREMENTS 1. The Contractor shall obtain and maintain such insurance as will protect it from: (1) claims under worker's compensation laws, disability benefit laws, or other similar employee benefit laws; (2) claims for damages because of bodily injury, occupational sickness or disease or death of his employees including claims insured by usual personal injury liability coverage; (3) claims for damages because of bodily injury, sickness or disease, or death of any person other than his employees including claims insured by usual personal injury liability coverage; and (4) from claims for injury to or destruction of tangible property including loss or use resulting there from - - any or all of which claims may arise out of, or result from, the services, work and operations by the Contractor, its employees, or . 16 [ 2 2002 l by subcontractor(s), or anyone employed by or under the supervision of any of them, or for whose acts any of them may be legally liable. 2. This insurance shall be obtained and written for not less than the limits of liability specified hereinafter, or as required by law, whichever is greater. 3. The Contractor shall require, and shall be responsible for assuring throughout the time the Agreement is in effect, that any and all of its subcontractors obtain and maintain until the completion of that subcontractor's work, such of the insurance coverage's described herein as are required by law to be provided on behalf of their employees and others. 4. The Contractor shall obtain, have and maintain during the entire period of the Agreement insurance policies which contain the following information and provisions: A. The name and type of policy and coverage's provides; B. The amount or limit applicable to each coverage provided; C. The date of expiration of coverage; D. The designation of the Collier County Board of County Commissioners as an additional insured and a certificate holder. (This requirement may be excerpted for Worker's Compensation and professional liability Insurance.); '-- E. The following clause must appear on the Certificate of Insurance; Should any of the above described policies be canceled before the expiration date thereof, the issuing company will endeavor to mail 30 days written notice to the certificate holder named to the left, but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives 5. If the initial, or any subsequently issued Certificate of Insurance expires prior to the completion of the Work or termination of the Agreement, the Contractor shall furnish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal certificate(s) shall be considered justification for the County to terminate the Agreement. 6. CONTRACTOR shall include the BOARD, the BOARD's agents, officers and employees in the Contractor's General Liability and Automobile Liability policies as additional insured's. 7. If BOARD has any objection to the coverage afforded by other provisions of the insurance required to be purchased and maintained by Contractor n accordance with the requirements of the Contract Documents on the basis of its not AGENr',a ITEM t NO. 17 SEP ? q 2002 complying with the Contract Documents, BOARD shall notify Contractor in writing thereof within thirty (30) days of the delivery of such certificates to BOARD. Contractor shall provide to the BOARD such additional information with respect to its insurance as may be requested. 8. The Contractor shall obtain and maintain the following insurance coverage's as provided hereinbefore, and in the type, amounts and in conformance with the following minimum requirements: WORKER'S COMPENSATION State: Statutory Applicable Federal: (e.g. Longshoremen's ) Statutory Employer's Liability: $1,000,000.00 COMPREHENSIVE GENERAL LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence Comprehensive General Liability Insurance shall include Contractual Liability, Explosion, Collapse and Underground Coverage's and Products and Complete Operations coverage's. COMPREHENSIVE AUTOMOBILE LIABILITY Bodily Injury: $1,000,000.00 Each Occurrence Property Damage: $1,000,000.00 Each Occurrence Comprehensive Automobile Liability shall include coverage for any owned auto, non-owned autos and hired autos. EXHIBIT "C" MAINTENANCE SERVICES SPECIFICATIONS These specifications are intended to provide the information by which CONTRACTOR may understand the requirements of Collier County relative to furnishing Maintenance Services of medians constructed on Pine Ridge Road east of 1-75 as described in the contract documents. LOCATION AND DESCRIPTION OF WORK AREAS AGEN~A!'[~ ' No. 18 SEP ? 4 21102 ..... The areas of work included in this Contract are located as described below and as shown on the plans attached to these specifications: Those median islands where curbing, landscaping, and irrigation systems have been installed in accordance with the Agreement being located as shown on the Plans. SCOPE OF WORK The work covered by this Contract requires a weekly servicing of all median islands and consists of furnishing all labor, equipment, materials and services necessary to satisfactorily perform the following items: A. STREET CLEANING A four foot (4') area measured from the face of the curb shall be cleaned at least once per month to remove any accumulation of debris or objectionable growth and to maintain a neat and safe condition. All curbing and/or gutters including a four foot (4') area from the face of the curb and sidewalk areas shall be cleaned after each service. All sidewalk/curb joints shall be kept weed-free and the sidewalks blown clean with each service. No clippings or other debris shall be blown or allowed to be deposited on other adjacent property or accumulate on right-of-way areas. B. TRASH REMOVAL A weekly servicing of all median islands is required to clean up and remove all debris, paper, bottles, cans, other trash, fronds and horticultural debris. It is suggested that this pick-up also be done prior to mowing in all turf areas. C. TRIMMING AND PRUNING All shrubs, groundcover, and trees other than Sabal Palms shall be trimmed and pruned as often as necessary to maintain the desired shape and form of the landscape material as determined by the Contract Administrator. Ornamental grasses (White Fountain Grass, Fakahatchee Grass) shall be pruned to a six (6) to eight (8) inch height the first week of October and April. This item of work shall also include removal of suckers, poison ivy or any other objectionable growth which may fix itself to the shrubs, groundcover, grasses and trees. D. WF. EDING OF PLANT BEDS AND OTHER MULCHED AREAS Weeding of plant beds and other mulched areas by spot spraying and hand pulling ~.. will be performed biweekly (every other week) or as necessary to provide a ;ccd AGENDA~IEM. 19 SEP 2 q 2002 Pg._ 2.o free and well-maintained area as determined by the Contract Administrator. Herbicide used for spot spraying shall be a mixture of Roundup and Surflan or other approved herbicide. All applications shall be made during the first week of the month. Applications shall be made to turf the day following irrigation when grass blades are dry. Immediately after the fertilizer is applied, the sprinklers shall be activated for thirty (30) minutes to bring organic fertilizers to the soil's surface and to dissolve water-soluble particles. Following this watering, the controls shall be returned to automatic mode. Fertilizers containing Iron shall be removed from curbs to avoid staining. E. FERTILIZATION, SHRUBS, GROUNDCOVER AND TREES Granular fertilization of shrubs, groundcover and trees other than Pine Trees, Saw Palmettos and Sabal Palms shall be applied by hand in a ringed radius of twelve inches (12") from the base of the plants and twenty-four inches (24") around the trees. The fertilizer shall be placed at a rate of two (2) lbs./100 sq. ft., three (3) times per year as set forth in the following schedule. Plants Trees 1/8 cup - 2 oz - 1 - Gal 1" Caliper/1/2/Cup - 8oz. 1/4 cup - 4oz - 3 - Gal (8 lbs max.) 1/2 cup - 8 oz - 10 -Gal Months Formulation Application Rate October 8-10-10 2 lbs./100sq, ft. March 8-10-10 2 lbs/100sq, ft June 8-10-10 2 lbs/100sq, ft. F. MULCHING OF PLANT BEDS Remulching of all plant beds and tree rings shall be performed twice annually. Before remulching, any remaining existing mulch shall be turned and mixed into the existing soil. Mulch shall not be placed over valves or valve boxes which are located within bed areas. Mulch material shall consist of shredded Eucalyptus Mulch Grade "A". The mulch shall be placed to a depth of two (2) inches of "fluffed mulch" measured from the existing soil grade. All weeds shall be removed prior to placement of the new mulch. G. TREE TRIMMING (Sabal Palms) All Sabal Palms shall be trimmed on an as-needed basis. The work shall be. dane in a professional manner in accordance with accepted trade standards. Top~ of tl~G£NDAJT_E~.d ~'~O._~ SEP 2 2002 20 Fg.__ 2-/ Sabal Palms shall have all brown/dead and lower fronds removed from the tree. The trees shall not be climbed to remove the fronds. Access to the tree fronds shall be by ladder, boom track or lift. All debris from the trimming shall be removed and work site shall be left in a clean and neat manner. When this work is being performed, it may be required to close one (1) lane of traffic using traffic control devices placed a sufficient distance in advance of and beyond the work area to maintain a safe and continuous flow of traffic. H. ORNAMF_ .~ & TURF SPRAYING Overall Ornamental Spraying of plants and shrubs is included in this Contract. 1. It is required that if a subcontractor will be performing these services said subcontractor shall possess and the CONTRACTOR shall provide the following to the Contract Administrator: a. Valid State of Florida Pesticide License that complies with all Federal, State (Chapter 482) and local laws and regulations. b. Bachelor degree in Ornamental Horticulture and/or Entomology or the equivalent practical experience as approved by the BOARD. c. Before commencing work of any kind, the Pest Control Subcontractor shall procure the following insurance with insurance companies licensed in the State of Florida, and shall file evidence of such insurance with the Contract Administrator. All Certificates -~ of Insurance shall include Collier County as an Additional Insured on both the Comprehensive Liability and Business Auto Liability Policies: 1. Worker's Compensation - Coverage in compliance with Florida Law. The Policy must also include Employer's Liability with the limit of $100,000.00 each accident. 2. Comprehensive General Liability (Including Contractual Liability) - Minimum limits of $100,000.00 per occurrence combined single limit for bodily Injury Liability and Property Damage Liability 3. Automobile Liability - Minimum limits of $100,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 2. The CONTRACTOR shall provide a written spray program that shall incorporate the following minimum standards: a. Describe procedures, methods and techniques that will enhance the environment. b. Provide the maximum protection for the health, safety and welfare of the public and environment. c. List of all chemicals to be used. 3. The CONTRACTOR and Subcontractor, if these services are provided by a Subcontractor, shall make on-site inspections and provide written reports r-,::._. 2i 5r-..r.' ? q 2.002 t-g.__. 2.,,, '~-'''~ to the Contract Administrator once per month from October through May and twice per month from June through September. 4. Methods of Application: One Hundred Percent (100%) coverage and penetration shall be provided. Chemicals shall be manually applied by walking with hand held applicators. a. Insecticides and Fungicides shall be applied at a minimum pressure of 150 pounds. b. Herbicides used in turf areas shall be applied at a pressure of 20 pounds. c. Spreader sticker (Nu-Film 17 or equal) shall be incorporated in all spraying of Turf, Groundcover, Shrubs and Turf Areas. d. Spray applications shall be applied during times of "no-wind" conditions. e. No trucks/tractors will be allowed within the median areas. f. Provide and place, at time of application, traffic control meeting Florida Department f Transportation, M.U.T.C.D. 5. Rate of Application: a. All chemicals shall be applied at the rates recommended on the manufacturer's labels. 6. Materials List: a. All insecticides, fungicides and herbicides chemicals to be used on turf areas and on plant materials shall be submitted in writing to the Contract Administrator for review and approval. b. Fungicides shall be alternated in order to reduce resistance. 7. Application Schedule: The number of applications shall be as listed below unless otherwise required based upon the on-site inspection reports. a. Groundcovers, Shrubs and Trees: Insecticides & Fungicides -Twelve (12) times per year (once a month). I. SERVICING THE IRRIGATION SYSTEMS Monthly Requirements 1. Each zone shall be manually turned on and a thorough inspection conducted to ascertain proper operation of the system. 2. Check entire system and repair system for any blown heads, broken lines and leaks around heads and valves. (Valve closure time not to exceed two (2) minutes). 3. Manually run the system to ensure that no sprinkler heads/nozzles are spraying onto the roadway. AGEh~DE'I:EM~ 22 SEP 4 2002 4. Clean and adjust sprinkler heads/nozzles and concrete donuts to ensure -- proper coverage. 5. Twice a month CONTRACTOR will check all zone wiring and solenoid conditions through the use of an OHM meter and document the results for future reference. A copy of the results shall be supplied to the Contract Administrator. 6. Once every two months or as needed, CONTRACTOR will clean the wye strainer filters and inspect them for wear. Should excessive wear be found the Contract Administrator shall be notified. General Requirements Go Into Affect Upon Installation of New Irrigation System. 1. Should South Florida Water Management District establish water restrictions, the sprinkler system shall be inspected and all timers set as stated during the mandated hours of operation set by the District. 2. Includes replacement of heads/nozzles, installation or replacement of risers and repair of minor breaks or restricted sprinkler lines. 3. Inspect, clean and replace if necessary, screen/filters within the sprinkler heads. 4. Use only County approved replacement pans, and use only matched prescription head replacements. 5. Under the direction of the Contract Manager, or his authorized -- representative, the main irrigation lines and quick couples shall be flushed once a year. 6. BOARD shall hire an irrigation contractor to design the new irrigation system and shall coordinate the new design of the irrigation with CONTRACTOR so that CONTRACTOR and BOARD can proceed to secure the new landscaping as soon as possible. CONTRACTOR shall be responsible for the landscape design and installation of plant materials as set forth herein. Upon installation of the new irrigation system, the BOARD CONn:RACTOR shall review the entire irrigation system and notify the CONTRACTOR t-,,..,._,~,..,, --~-..~,~-~s ...... that the system is complete. cf any~._~._.~,~v:~" ..... v,,.,..,~,.~.~'~ The CONTRACTOR shall further adjust all sprinkler heads to ensure that all landscaped areas receive total (100%) irrigation coverage. 7. Total (100%) irrigation coverage shall be maintained within all landscaped areas while this Contract is in effect. 8. Notification to the Contract Administrator is required when acts of vandalism or accidents has occurred to the irrigation system. J. MAINTENANCE LOGS The CONTRACTOR shall complete and submit log sheets on a monthly basis and may be required to conduct on-site inspections with the Contract Administrator on a weekly basis to verify satisfactorily completion of Contract requirements. The  GEN~A ITEM,, 23 SEP 2 q 20 ? original forms for the log sheets will be provided to the CONTRACTOR for his reproduction purposes. K. TRAFFIC CONTROL At all times while performing work required by this Contract, the CONTRACTOR shall provide and erect any traffic control devices and use procedures conforming with the FDOT Manual on Traffic Control and Safe Practices. The CONTRACTOR will be responsible to obtain a copy of this document and become familiar with its requirements. Strict adherence to the requirements of this document will be enforced under this Contract. To assist in employee visibility, approved bright day-glow red/orange colored safety vests shall be worn by employees when servicing the area. L. MISCELLANEOUS GENERAL MAINTENACE RESPONSIBILITIES 1. If plants, shrubs; trees, or foliage die due to neglect or damage by the CONTRACTOR, CONTRACTOR'S employees or a Subcontractor as determined by the Contract Administrator, they shall be replaced at the CONTRACTOR' S expense. 2. The CONTRACTOR shall provide ramps or other devices to gain access over the curb to all islands. The curb or turf areas shall not be damaged due to access. 3. It shall be the CONTRACTOR'S responsibility to notify the Contract Administrator of any maintenance problems or additional maintenance needs. 4. The CONTRACTOR shall perform inspections on all plants, shrubs, trees and grass areas for disease or insect infestation. The CONTRACTOR shall immediately notify the Contract Administrator should a disease or infestation be found. M. MISCELLANEOUS IRRIGATION MANITENANCE RESPONSIBILITIES 1. It shall be the CONTRACTOR'S responsibility to notify the Contract Administrator of any irrigation problems or additional irrigation maintenance needs. 2. The irrigation service personnel shall provide on-site 1-way hand-held communications during all services and/or inspections. 3.The irrigation service personnel must troubleshoot time clocks, i.e. power- in 110 volt and 24 volt fuses, 24 volt output when necessary. 4.The irrigation service personnel must troubleshoot any pump start relay, main fuses and capacitors when necessary. N. ACCIDENTS OR THEFTS AGEND. A IIEM ,, NO. . £¢~')~r~ SEP 2 q 2002 24 Pg._ 2- ~ The CONTRACTOR shall be responsible to contact the Contract Administrator of any accident or thefts involving the areas within this Maintenance Contract. O. RESPONSE TIMES On a twenty-four (24) hour basis, the CONTRACTOR may be required to travel to the site immediately to meet with the Contract Administrator or Sheriff' s Department personnel to resolve an emergency and should the Contract Administrator contact the CONTRACTOR by telephone, beeper, or radio. CONTRACT TERMINATION The County shall be the sole judge of non-performance. Should the CONTRACTOR be found to have failed to perform his services in a manner satisgactory to the County as per Specifications or for any of the following points, the County may terminate this Agreement as provided for herein: A. Inability for any reason, of the CONTRACTOR to perform requested service. B. Work that is not performed on a level consistent with the industry standards. C. Services not rendered within a reasonable time after notification by Collier County. D. Non-compliance with any portion of this Contract. CONTRACTOR'S EMPLOYEES Employees of the CONTRACTOR shall be properly uniformed and provide a neat appearance. All employees of the CONTRACTOR shall be considered to be at all times the sole employees of the CONTRACTOR under his sole direction and not an employee or agent of Collier County. The CONTRACTOR shall supply competent and physically capable employees and Collier County requires the CONTRACTOR to remove an employee it deems careless, incompetent, insubordinate, or otherwise objectionable and whose continued employment is not in the best interest of the County. AGENDA ITEM,. SEP 2 q 2002 25 Pg.__ FiLE No.733 09/18 '02 1,4:59 iD:CC TRANSPBRTATI[]N t.-f.i,x:~b~ b'~'~' e'14,~b -' EXEC~UTIVE SUMMARY STATUS REPORT TO THE BOARD REVIEWING PAST BOARD DIRECTION IN REGARD TO THE BEAUTIFICATION OF THE LIVINGSTON ROAD CORRIDOR (.,~kI]iL~]~, ' : To pt(wide a status report to the Board reviewing past T:Joard direction in regard to the beautil:ical, io,t of Livingston Road and to seek f~¢r clir~ction l?om the hoard with re.~pect to potentia! future ~.mhancuu'~nts along the kivin~ton Road ~;orridor. CONSIDERATIONS: Novetrd~¢r t4, 2000, the Board a. pprovcd u request to pmc~d with the ~autificatlon o'f Livingston Road Ix~ the Lee County Line (Agenda Item 8B2 [transferred from Agenaa Item 16B9 l, Attachment 1). Doc:tuber 12. 2CR10, the Board hea~fl u public petilion (Agenda Itcn~ 7A, Attatchment 2) reque.stiug that staff b~ dia,;ted to work with interested pr~p~nty owners aim~g Livingston Road In establish an MSTU for the purpose iff enhancing the kmd$cape improvements along the Livingstol~ Road ~;orridor. Februar~ 27, 2001, staff requested I{oa~tl dkection tn estahlish a proposed Livingston Road Beautification MST'II (Agenda Item 8~ l[tr~mderred from Agenda lt~m 10BBl, Attachment 3). Thc objective wa-f t~ follow-up o.n the Decemb~q' 12 public petitim~. l'~eand~r I 1, 2001 (Agenda Item 8H, Attadm~enl 4), the. Bound approved an Orflinance creating It~ Livingston Road MSTI I proviging Ibr a tax levy not to end;ced 2 mils of ~ valorem I.anea per year. September 5, 20~Y2, thc Livingston Road Phase Il MSTU rexluest for C:omay partnering was present.ed a~ one of the itc~n~ Lo be c~nsidercd aL th~ Laadacape Work.shop. The Advisory Committee hits de.velopert a proposed projecl budget of $1,700,(g]0. et' that amount, th~.y are ruqu~ating thc county ~o contribute $60(LO~,XL00 (about $2(~),000 per milt:) and to a.ssume the landscape maintenance, cost~ al~.m' the project is ~;omplcte. The estit~tat~d tmnual maintenance cost i~ $300,(X)0 ($100,000 per mile). 'l't~c 'Board ha~ madu a de, termination of huw they will treat the Livit~gston Road Phase IT Bt:autJflcation MSTU wilh respect to repayment of prior ~mrd:ments by the MST[] to the County at the feint Budgd PuNic ~uafing. smrf now a~.ekR I]aard di~lion regardiltg the ~ture ~autificatian enhancomem of the enti~ Livingston K~ld eor~dor. S~ff offers the fallow jag ai~ativen th' t~ B~rd's consideratiol~: 1, Continue to provide the "b~ level" ~ de~rmined al: ~u ~ndacape Workshop on Sepmm~r 5 (imgatien and d~trical sl~veR, bet~r grade of nail in the ~dians, additi~mal 'F~ "~' curbing wh~ app~pria~: and pl~e~nt of Bahia ~), 2. ~m~ine that the Navember Il, 2{~X) B~rd a~on continues tn ~ ap~priate and flh'~t stuff to ~ve thrw~ with the di~ctiv'ea ~ovid~d at t~t time, $taff ~nm~t aupp~ ~vin8 fumed with ~e di~:etivc~ provided in the Novem~r 11, 2~ Ex~utive Suuumt~ in light of t~ current funding sit.lion. ~¢AL. I~PA~: q~e fiscal impact of the Boa<'s direction will de.nd upon wMch alternative i$ F;LE No,733 09/18 '02 15:00 ID:C::6 TRaNSPORTaTION FPZ:659 578? y~..~ o Executive Sunuuary Livingston Road Beautification Status Report "'" Page 2 of 2 i i, There will he no significant fiscal impact il: the Board dlmcts staff' to ,; base level (a.~ previously defined). These ~;osts are typically il~luded in the coat of major :, roadway improvement projects. " 2. '['he fiscal impact of providing enhanced landscaping along thc entire Livingston Ro~:t ~,rridor from Goldon Gate Parkway to the Lee County liao will be about $2,5(IO,00 to $3,0~X),{~0 ($250,000 to $~}0,000 p~r mile, ancl~sive of "Gateway" treatments). Ongoing maintenance costa for them enhancernent.~ will be about $5(11.000 Lo about $600,00~} ($50,000 to $60,0(Y0 per mile. ~xclusive t~f "Gatewuy" treatments). Mainline enhancelnenta would be ~undcd from t~ Unincorl~orated Ama MS'rD G-~ral Fund ( 111 ). TI~; "Gateway" arca~ would ~ I-'traded from leund (1 [ 1) MSTD C~neral. GROW'I~! MANAGEMENT IMPACT: There is no growth management, impact from this proposal, RECOMMF, NDATION: Thai thc Board of County Commissioners con~ider the status report prc,~cn[ed herein; accept the .~laff recommendation not to fund additional land~caping enbamcerr~nl'~ along the Livingston Road corridor; and. direct staff to work with any intcmstcd local community or citizens initiative, for fi~l. ure landscaping cntumcementa outside o[' the county budget pfoce.gs. pREPARED BY: _. Dale: L F.,dward J. Kant, P.E., Transportation Ope. rations Director R EVIEWE! ) B ¥: Date: Pamela .ld~lich, AS. LA, r}pandscapc Project Manager , Nd~rm¢ig. Feder, A~ICP, 'I'ranspnrtalion Services Administrator / Attachments: / No. 1 - November 14, 2000 Ex¢c~tlive Sumn'~ry / No, 2 - December 12, 2002 Minutes No. 3 - February 27, 2001 Enect,five Summal~/ N~. 4- December 11, 2001 .Executive Summary SEP 2 2002 E ,X-ECUTtVE SUMMARY REQUEST BOAR/,) DIR.ECTION TO PROCF. JgD WITH THZB BEAUTIFICATION OF LIVINOSTON ROAD FROM RADIO ROAD TO TIlE LEE COUN~FY LfNE. B~_.~: To ~ek Board di~ction for staff to proceed w~th the solicitation of proposals for a Landscape Design C~)nsultant (thc "Consultant") for the Livingston Road corridor b~autification. CONSIDERATIONS: Livingston Road is being constructed in phs.sea and will ~xm be ~vailable for traffic (Attachment No, 1). The Street.scape M~ter Plan adopted by the Board several years ago identifies Livingston Road as one of the major arterial roadways eligible for boautil'ication for its em;re length. The Bom'd transpc:rtation w~n'kshops in the Spring of 2001) defined and identified several tiers et' beautification improven:tents aiong w!th recommended funding mechanisms, The maj{~r tiers are: Gateways (seven Iocatmns); Regional Improvements (six north-south, seven ess>west); Local improvements (other qualifying roadways), Livingston Road is mentioned in two of the foregoing c. ategodcs: Gateways (noah end;: Major Arterials (.-'emainder of roadway corridor). The lancing mechanisms rec~:mmended al, ut'Jag workshops and initially impIcmunLed during, the FY 200(.)-2~01 Budget Cycle arc: - m Gateways funded frt)m Ptll~d 313, Gas 'fax I Major Roadway [mpruvements I'unded from existing countywide MSTDs (presen~:l), cc.,nso!idated into Fund 111) I Local Roadway Improvements funded via Iccalized MSTBUs. Attachment No. 2 is a copy o~ the Streot~cape Master Plan Project Funding approach as presen ted by staff anr~ endt~rsed by the Board at thc workshops. Staff is requesting Board consideration of and direction for implementation o[' the fo]lowing issues: 1. Designation of' the I.ivingaton .Road Corridor from Radio Road to the Loc Cotm[y :.a,r. Line as a Major Arterial Roadway qualifying for beautification funding l¥om thc Countywide R~ad Improvement Fund (Fund 1 i 1), This desi~ation ~s consistent with the outline presenued and adop:ed in the Cott~er County Streotscapc Plan (adopter..J on May 27, 1997 [Ordinance 97-25]; original presentation by Naplescape 90s on December 16, 1996 [.Agenda Item 8BI'I). 2. Audmrizaton of the use of Fund 111 (MSTD General Fund) for '.he procurement [14. of u professional l.~ndscape Design C~.sultant for a concept pian co~sistm~t with ~ - the guidelines in the Collier County Streetscap¢ Master Plan (A,'.tachment Nc, 33. 3. Authorization of the development of an expanded, landscaping initiative consistent '" with the Collier County Stteet~cape Master Plan with any extraordinary costs to be fundec_.: via the formation of an MS'r'BU. [_ i~x~cutive Summary Request Board Direction For The Beautification Of Livingston Road Parc 2 of 3 The goal of this effor~ is .:o optimize the a~sihetic v~ue while minimizing ~e long-~ maintenance cost~. The fo~[ion of an MSTBU wUI afford ~ alloca~on of f~d~ng for }mp~v~ent~ over ~n~ a~ve the b~e !evel des~H~ed in ~e Master Plan m the mo~ manner. ~e M~sler PI~ provides ~e f~llowin~ "t~cal" r~dway ~o8~ by Character (Urb~;~es~ntial, Residemml, etc.): Urbm~Residenfia] Capitol c~]e ~200,~ M~ntenance cosgmile $ 50,000 Residential C~iml ~mi~e $150,~0 M~nten~ce c~sdmile $ 4,0,~0 "Gtdcwa rs" Capitol cosffmi le '~in[enance cos~mi le * · Not specifically a~dmssed in thc Master Plan; how:vet, staFF recomm,n~s allowance of ~bout S250,000 per roue for capitai and a~ou~ $50.000 per .mile maintenance. ~" =~ l h~.e fi~urcs a~ consistent with thc genera'~ scope and b;m~s the other Character Zones. The segment oF Livingston Road from Golden Gate Pm'k~ay lt~ Pine Rmge Road (PLaue II of the [..ivmSslOn Road c~mdt~r PrOJect) is ~e ~u~iect of an eAJsting coalition cr development imcrests and pmpmly owners (thc Livings:on Road Beautification Association, Inc., hereafter reFeFred as the "Association"). Staff has been in coma:t wJth tko Association and its land, cape desisn cf)~lSLlltallt, al their request, to answe: questions about Courtv requirements and rd provide standar~ cost) any ptan~ or miler documentation desired by the'AssociaSon or,ts consuitan:, S [ ~tt' is requesting direction [o develop a design concept fo: the :nt~rc the c~)~aor using thc Mater Phm as a ,general guid~Iine. Upon completion oF the comdor.specific &sign coaceph staff for ~t~ ~ndorse~~ :d will r:mm to the Board.' '~[~_. --' - -~z~a request approval'to produce c,mstruction 2ocurnents. tJpol)_~~~~Fuc2~~e~rs, a more mfin;d cMiltlare will be provided al on g w] th- a.~aff~com mendaft on ~'~[~'d ~>r fane ia,, :qbFI~CAL IMPAL;T: Staff has discussed thc foregoing concept plan w/th sere:al ideal ~andgea~ AmhiteCtural rims and has received at least onc wfiaen p:'.apos~. Based on this research, staff estimates the initial cmxidor-s~cific concept desi~ wi.Il cos~ about $00,000 D=?ending upon ~e degree of community interest in subsidizing :he project, available grants, determination of final estimate ~'f pro~ble cost and timing issuc~, staiT will ma~e ~undJn~ re:ommen~tions end :'equesrs ar a Future date. Funds for :he des~en_ concept are required as a Budget Amendment to transfer ti'om Fand 1 t 1, MSTU Genera[: Reseswes, re th~s new project. GROWTH MANAGEMENT IMPACT: The beautification improvements to the [,ivingsmn Road co~dor ~e consi~teat with established gom'd pdicy and with th: Collier Cotmty Streetscape Master PIL~ No.'(~ 0~/1~ '0Z lb:U1 IU:Ub IKHN~FU~IHIIUN rHA;O~x~ O¢~¢ P'l-t~: O Executive Summary Request Board Direction For The Itcautification Of Livingston Road Pag~ 3 of 3 -- REcOM3,, IEND,~TION: That the Bomt direct stuff m: 1. Designate the Livingston Road Corridor from Radio Road to the Me County Line  as a Major Arterial Roadway qualifying for bcamification funding from thc " Countywide Road Improvement Fund (Fund l i l). 2. Authorize of lbo use of Fund 111 [SMSTD C~ner'al Fuad) for the procurement of a professional 'I.,andscap¢ Design Consultant for a corridor-,p~cific cone=pt plan · comi~tcr, t with thc guidelines in the Collier County Streetscape Master Plan. 3. Authonz~ of the development of an expanded landscaping initiative con~i~ten[ ~ wi~h [he Collier Coumy Str~¢tscapc Master Plim with an), cxh-aordinary costs to be funded via the formation of ~ MSTBU. · 4. Authorize the necessary Budget Amqtidm~nt and any othm' required documentation ¢onsis:ent witl~the Board',,v'(ntent]' m~d direction. ..:'::'<4 .".a ...'.,<'" ~..:' .. / , ./ [ ,~', . , - Edward J. 1~,/~_~, .Tran[por~alion Operations Director / -.. : /. " ,.~ . - , -2~ ........ "'"" , - - Dawn/~lVoli'er--t~,.~, Tr~l~portation Planning Director /~," / V,// .'<' - lqor~an E. Fcdcr, AICP, Transporl. anon Administrator / t Attachme::ts: /N(~. l - Livingston Ro~ Comdor Segment Map t N~. 2 - Srreetscap~ Master PIa~ Funding Approach Nc>. 3 - Excerpt from C~llicr County Streetscape Master Plan .. AGENDA, ITEM LIVINGSTON ROAD PROJECTS J ,U · l~,b I I~HI'~,JF Ul ", I I-1 I IUI~I 2010 I NORTH T,m, AJL LIVINGSTO4 RI::;' -' GATEWAY  I -?5/IMMOKALEE GATEWAY GAT_~'VVAY b7~/GOLE)SN GATE -~KWY GATEWAY t ] MA~CO iSLAND EAST TRAIL AG~NDA~TEld 1 - LEGEND ST~ E-=T$CAP ED 'GATEWAY" Jnter~e~tiom by V~/20' 0 ~z; Collier County MFC'- to be I ' Streetscape Master Plan Project Funding Approach · County Wide Improvements- Identify Tr~sportation Network Gateway Intersections and consider funding, in priority fLmd~ng order, from C. on_tm.ttmnal Gas Tax Fund ('313) ' · Regional Improvements- Identify Transportation Netw'ork Major Arrer/a! Roadways and consider funding from existing road MSTDs - Grants and Priva'.e C;cmtribuLionx inave been ider, Ltfied -aa .~omnr:a~ funcLir,~ source:~. The viat. iliD' of ti:ese sources needs to be ewd~x',tecL St,_f[ recc~.mmends oty. aining a~ce. msnts ~o:' =rivats sourc_~z prior LC conza~enccrnc n:. Sm'fi' rccc. mmcnd:, seeki ng gq-ant fundxn x arid o/'/sertlng : r:venue sources only upor: receipt o'f · Maintenance o.fTransportation Network Landscaped. IX.4edians to be provided from road MSTDs · Local Improvements-ldentify Local Collector/Arterials and consider funding construction and mainte, na:- · ~ ·a local Municipal Service Taxing Benefit 'Uni ~TB'Us IATTACHMEST NO. 'Z. f"lL.r- I~1(.)./O,~ ~,'~/.LO ,~. IO.~J~ IL)-L...L.. irLHl~iOrUr~l~'ll NORTH TRAIL LIVINGSTO~ RD GATEWAY GATEWAY ~ : C~iER ' 1-75/IMMOKALEE :~D GATEWAY 1-75/P1NE RICGE GATEWAY 1-75/GOLDEN GATE PKvVY GATEWAY 1-75 1-75/C~ @51 t GATEWAY I I ACti¥it'y Center Zcr, e (',. MARCO IS'~,N D '\ EAST TRAIL ", GATEWAY ~ C~nse~mticn Z~r.~ O Gateway Z~ ATTACHMENT NO. ~~] [t~,-- / ,, OF Livingston Roacl will Ice a new road traversing through urb~,n resideqtial and residential zones, Th!s is an opportunity to develop a continuous Jandscape design sol'..'tion throughout the length of the roadway. The design should be residential in character with street tree plantings anti curvilinear drifts of shrubs and groundcover. The des;gn style should incorporate me following design elements: Plant a nominant species of' street tree along t~e roadway to estaDlish conLinuity. Understory ptantirgs of ehr';bs shall be informal curviiinear patterns to s=reen views iF, to residen'.ial lots and '.o ~rovide interest, .e' At intersections, pr=vide cctor and accent plantings mat complement the surrounding Janctscape. d,.. Encourage new landscape ontc side streets to provide ~-dditional continuity. M3nutcs :L~'lW2000 R Pag~- 2 of 2 GOMMIIIIIONLq F1ALJd leoond, CHAJRBIAN C:~ AIL In flyer mill.drY by ilym8 nye. (Ummrmnlm veto of ,OHAIRMAN ,G:AltTBJ~ Mu~on epprcl,v~d, Think you C~GMMlielONEK MAGI~IEi if I eon Jail Mk® one been so imprtsa~d wltl~ el~e dfreltnoy ~f 4~ o/Ijn[l~rtJorl. Tho d~Kl[, thit they hlndTe owrr ihere end the I~ ovefwhelminll Bncl fJ1~y J~ protmffJnil our m~et bl~JQ ~IgM. bom~. ~1~ ~AR~I ~d It's an inaudible nxpaHl~d, And l;&nvimmIng bGKrd do~. ~d If ~ wouldn't hlYJ had bo~ do~, ~ l~ has nil been a eNn~ Idua~on Ln DIY~8 tba.k ~u f~r belu~ her. and w~ 10o~ ~d ~m you. Item ~UTU~E ~R~T]ON OF A LIVtNO~N ROAD ~lNO TO GGN~TKUGT iMPROVEMENTS A~ONG LIVING&TON ROAD ~AFF TO 80~]OIT REQUEBT8 FOR PROPOSal ~D ~PQRT petlti~, (A)~ roqo~t for ~l~~ ROed Al~laUom ~lm morning from NelY ~rrlll, Pi,,Gm ZD Pt)we. red by Lascrl~ich: Wcl*~,.,it~l,. rS,01: l~.eg~.~tta'ed to ColU:r Ciounry Clark ur' Ccm. tt SEP Z q 21102  r ibl:. I".JO. r~O U~/.I.O '~,'- .L,.) .',.,.'-+ ' :: IVllntltcs 12/'t.Z/2~)0 R Page MR, DORRfLi.t ~oed morning, OemflTi. i4oner~, ~~n, On ~u waft a~ ~ mo - and h~ly ~ ~ok'~b up ~ b ~oe ~ ~e ..~enoe ~d ~o ~ow ~t ~lw oma ~mi ~ok mi M~ of i fMt~ or btoilbg~ b to o~b a (~ng dbtrl=t that ~uld ~it w~ ~n from t~e oou~ on ~dlo Road~ ~ ~d ~ls Bo.~ on N~bw the 14th ~l.~d end you hu~ ma~horl~ ~.r ~uff ~ ~ol;ort pro~alw mifmu m~d through throe cuun~ committee ~$t~b. And i thin~ ~1~ of uo feet and recognize thu Impo~n~o of the A thl. k tho~ m~ ~ thingw thai .~ Impohnnt The ~[~t {i the otr~et~ape cO.Cheat of ~at it l~ thlt ~oups want to do, I ~lnk thl~ pl~m Mt~ iced of tho re~men~ltlon~ thlt we ~vo mo~ ~am the Do~r Gale ~i~ In m~Ztl~n to ~ 8pe~dJng ~uT ~ey and ~ffng mn o~oimeff trmmu qn the srde~ or tho ~mg .o ~mt m~ mmturl~ par~ny ~ thla pa~l~ular i~nce, Pmgm 2t Powea'eJ by Lazed ,ichc Wcbir. iit. k vS.0 J.: Regi,s~rcd to Cci U~' Co~lL'v Ci~k o~ Court SEP 2 Mmu~¢s 1~12/2000 R Page 1 o/: 2 I~1 Minutes 12/1~'2000 R OHAI~N ~RTE~ Ysi, OommlWn COMMISSIONER MAO'KI~: ~. Do.lilT MR. DORMLL~ ~at is one of ~4 IMn~ that ~uld need to bo de.trained. ~ far ~e ~ g~u~ ~.t .~, ~enkly, mado ;_ up al large fimll~-~ed pro~ o~e~ aIQ~ ~he oordd=~ ~OGfllao t~t ~h~ dorl~ an ~m~dta~ n~oeNt ~r oontl~u~e, And ~ur p~p~ia~ ~rou~h your mtm~ will nHd to ~e ~vo~ped, ~nd th~ ma~ ale, ct ~ [o~k a~ ~e~ral ~l~ tDr ~ou, b~ our p~a~ ~uld bo thl~ a~ ad~oon( p~ ownir king the tin mile corKdor Qbvloumly derlvea OKAI~AN gARTER: WBiI~ I ~uld ~,~ ,~='K~a, thor wt g~ Itaff dirootton tQ tho GOun~ M=~er to , ~ wHh, ~e i~s and ~omi brook ~ ~ ~h a pmpoaai, I on thts. i think It Il ~ ~utotandtng p~Jo=t ~r thai ~u~', A true pub;la/pH~te pm~n~nblp ~rKing at Ire best, ~OM~I'GSIOHER HENNfNOt' I wiB ieoo~d that. GOMMIglIONER MAC'KIE~ Gmat. GMIRMAN C~T~ AlS In lsvor sign~ by Opp~d by ~o ~ame al0n. (No ~apon.o.) CHAIRMAH CARTER: O~y, Think IWm RI~U~ BY ~EGNARD WISNIB~KI RE--DING PURO~GB OP A T~ILER AT THE GQU'N~ AUGTJON -IT~P ~onmM W~le~ ~ga~l~ ~e pur~&me Pune~ ' .-'- AITACJ~MENT ~3 EXEC UT_WE,,. ,SUMM'ARy RBQUEST BOAiR.D DI]~.ECTIO'N TO EST.,~BLISH A PROPOSED ~V~GSTON' RO~ B F~L~CA~ON MSTU ~: To lo,ow up ou p~or ~li; ~e~fion :;q'u~s~g ~Mt ~.~ Bo~ of Co~' Commission.s e~O~ a ML:*~cip~ S~ices T~ng Ur. it (MS~) the ~ pm%~se of ~n g LJ~u~ton Ro~ Jan~ap~ improvements. .'.: CONS~E~TIONS: Ou D;c.'"12, 2000, ;:h; Bom'd head a PubE~ Pelifiov (Ag~da ~ 7A, A~t;~hm~t No. ~) requ;sfing ~at story b~ dir;~t~d to work wkh H~t'~sted prop;r~y '~ou~. the Livingston..Road. cc~r to cs~blisl: ~m MS"tT':' l'br th~ l~d~c;pe improvements ~flong ~at corndo:. St~Y'h~m mc~ wid~ M..-. N~j .Dom.ll, the prop;.rty owners' :cpr~s~nmfiv~ · e [b~vnatio.n ~fan MS'FU ~s v~ablc. There are s~ver~l [ssueo ~at but not a~zssamly t4mi.:~d to, dctm~:i~ing ~c [i~s oi" fla~ MS'I.'U bo~tdm'~es, 'p~-~ic~patJon lbnrau~a.e, desired tevcJ of l~dscapi.og vs..~nimum love[ ~ a b~¢, At ti]is dine, staff is requesting approvzl to wu.rs 'w~tt~ t~e ~B~restct~ ~roperty.ownera and thei: mpm~e'n~ti've(s) ~o .reuolve t~c :~0rcg~ing issues..A~er '3~c bo~res mxd ~ifi~ estimated ct~sL:~ ~.. have :~e~ d~te:mnil;efl, stt2Y: wi.fl retm'n to tlc Botu'2 to request appm'v~fl ~d lo m'oceed :o the ~.[ ~ound. t~y dute~in~tion, ]~d va/uas ~cI ~tia] recommendc~ participa~n f~mlulae GROW'FH M.ANAGEMEN~.' .~AC'I': Notlc: RECOMMENDATION: T.bm staff be directed to work ~th. intereszeff l~d owners ~md ~heir representativ~ te fle~:ern~c tko bmmdr~ies of the proposed Livi2gstcn MS~ m~d to m'm.m to tko Board at a furore ~:te ~'.i~ l'in~ngs and recc~c~dafion~ fur farther ' / . COLLIER COUNTY M_ YAGER'$ OFFICE 3301 E~%~T TA~ TP~%IL Nove~er 2Y, 2000 N~S, FLO~ 34112 (941) F~ (941) 77~010 Mr. W, Neii Do~iil Management Group 5~45 S~mnd Boulevard, S~e 3 Naples, FL 341 ~ 0 Re: Request for Public :e{l~n to Propcse ~e F~re Cre~c~"of a L]wngs~on Koad Taxing District to Coss~ ~mprovemen~ Aleng L~ngs~cn Road Please ~e advised ~ba~ you are scheauled to apoear ~fcm the Collier Count. Board cf Commiss~cne~ a~ the meeting of D~ember 12, 2000 regarding ~e above referenced s~'bje~ Your petition to the Board of Coun~ Commissioners will De limited ~o minutes. Please be advised ~hat the Board will ~ake ~o action on your pedt~on th;s meeting. However, your per,don may be ptaced on a'f~re agenda for co~{de,'a~on at the Board's discretion Therefore, your petition to the shcul~ be ~c advise them of your contra and the need for a~[on by ~e Beard a future mee~in.g. The me,tin0 wii] be~in a~ 5:00 a.m. in the Board's Chambers on ~,e Third Flor of the W. Harmon Turner Building (Building "F") ~ the. ~overom~nt complez Please arrange to be present at ~is mee~n~, and to mspc. nd ~o inquires by Board members. If you reqcire any fucker ~nfo~aMon or assistance, please do n~ hesitate ~ntac~ this o~. Sincerely, ~omas W. Oili~ "x,.., ., OounW Manager '~ cc: Ccun~/Attomey ~ ~-~ /(/(.~ _ I)orrifl Ma~nem ~roup My. Tom Olliff Collier County Manager Colli~ Cotmty C~v~rr. met:t 3JOl E~t T~ . -Nap]=~, Flod~ ~a lJ. R~: Mvingst'on Road Public/P~ate Two Commu~ty ~'oups We fin:m~d ~ e?To~ ~o t.~ l-h~ '[3~ton Road ;o~dor ~.~y Im:d~aped ~d scenic .p~kway ff~ ot:r commumty. The Liv~lon Bcaul~ica'{~o= Association a'~d Co.~er Na.plcscape ha~ dcvctop~ concept co'nstr~t meg.i~, street:,cap~s and ~ghting impro'v~ments ~om ~d~o l~ad County 'Decker 12, 2000 Co~mt7 C'~:n~on agenda ~ a publ;c petaJon tt~ propose th~ ~tporr~t new If you apon review of thc at'x)ve fmve ~my que~tim~s ple&qe do not hesitate to 1) Authorize a Resolution relating to the enforcement of vegetation removal In the rural arena of the County In response to the threat of fire.· 2) Request to grant final acceptance of the roadway, drainage, water and 'sewer Improvements for the final plat of "15ay Laurel Estates at Pelican Marsh Unit 'Twenty-One". · 3) Petition Carny~20Ol~AR ~G69, Duane Wheeler, of the Rotary Ciul~ of Immokalee, requesting permit to conduct a carnival from March 1, 2, 3 and 4, 2001 and March 8, 9, 10 and 11, 2001 on County owned property located on the Southwest portion of the Immokalae Regional Airport, 529 Ai~ays Y Road. 4) Final acceptance of water utility facilities for Ritz-Carlton parking garage. C/~:~U{ ---. 5) Final acceptance of water utility facilities'for Ecyne SOuth. 6) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the finaJ plat of "Fiddler's Creek Phase 11~, Unit Two". 7) Request to Grant final acceptance o'l the rcadway, drainage, water and sewer Improvements/or the final ptat nf "Fiddier"s Creek Phase lA". 8) Request to grant tinai acceptance of the roadway, drainage, water and .... sewer improvements for the final plat of "Fiddler's Creek Phase lt~, Unit -~ One". $) Reques'~' to approve lot recording the final plat of "Norman Estates ~! Pelican iVlnrsh Unit 23 repi&t of Lots 3 through 18 and Part of Tract 15". E. TRANSPORTATION SERVICES .. 1) Approve Change Orcler Number 3 with Better Roads, Inc. ~or additional construction services for revising Livingston Road/our lane to Livingston Road six lane, Project #80061. 2) Approve Change Order Number S with APAC-Florida, Inc. for additional construction services for the widening of Immokalee Road from I-7S to Collier Boulavarct (CR 951), Proiect No. 891101. 3) Recommend-~tlon to extend Contract #98.2821~. contractual services /or traffic signals and street lights. 4) Approval cl st.~ff selection of professional landscape architecture services ?- finns and authorization to negotiate and award agreements to same for fixed-term professional landscape architectural services (RFP ~00-3131). SEP 2 2002 F=b~'try 2,7. 2{X] I 5) Approve a Budget Amendm~t to provide fund~ to the L~iy Golf Estates Municipal Services Taxing Unit (MSTU) Besutificetlon Fund. 6) R~cluest for ~peed limit reducUon from thirty mile8 per hour (3~ MPH) to twenty-five miles per hour (25 idPH) in Goodland, 7) ReccmmenCatJon that Ihs Board of County Commluloner. approve the short list from RFP N30.3152 for an environmental consultant for Clam Bay Restoration and authorize staff to negotiate with the top ranked firth. ,\ <-.~ 8) Request Board direction to establish a proposed Livingston Road I~euUfication MSTL,'. 9) Approve · Budget Amendment for Construction Engineering Inspection Contract to Consul-Tach Engineering, Inc., for the widening et Airport-. Pulling Road, Coille~ County Projec*, No. ~031, CIE No. S5,. RFP No. 1(~) Approve sole source purchase et "TiCeflex" valves for out~all pipes under US 41/Davis E~oulevard tntersemlcn, ProjecJ 31805. 11) Approve a bare license agreement 'between Collier County and WOe. Communities, Inc., for use of vacant county-owned property. 12)Approve a Resott=tlon providing /or the establishment of an ADHOC Advisory Committee to provide input and guidance in the aesthetic appearance of ~he 1-75/Golder~ Gate Parkway Interchange and t~e Golden Gate Farkw~y Corridor as the Gateway to Naples end GolCen Gate City. C. PUEILIC UTILITIES 1) Approve the ~at. istaction of lien documents filecl against R. ea! Property abatement or nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. 2) Approve Amendment No. 9 to the Professional Services Agreement with Humlston a~d Moore Engineers for work associated with the Big Marco and Capri Pass Inlet Management Plan. 3) Approve Change Order No. 1 to Amendment No. 6 of the Professional Servloes Agreement with Humistcn and Moore Engineers for the Big Marco Pass and Capri Pa.~s Inlet Management Plan. 4) Adopt a Resolution aPprgvlng :he satlsfactJon of liens for Solid Waste Residential Accounts wherein the County has received payment and said liens are satisfied in full for the 1991 Solid Waste Co{lection and Disposal Services Special Assessments. "' ~ ......... SEP 2 4 2002 Feb,'u~,r~ '2';, 200~ (~ 0 A2q ORDIN~dq'Ch CR.C.A'I'IING TI~i~ LIN'lgq'¢~.STON RO~D P~'E ff BEA~CA~ON ~IEA.'J.ION; P~OV~G A PU~OS1;: AND ~V~'(3 BODY; P~O~G 'FO'~G T[~ T~' OF NOT 'to ~(~,D 2 ~_S OF A D V~O~M 'I'~S P~( ~; FOR CO.~BG~ICN OF '['~S; PIIOV~ING FOI{ C~ON' OF ~ ~C-S'TON g.O~ ~R.O~G FOR 'I'~MS (IF O~CE O}: Tt~ ~SO:RY COMM~; PROV~.~G .FOR ~IONS, 'PO~B AN D DI.YI'~ OF ~.~ AD'V~ORY CO'~W~; .PROVinG FOR 'I3I.W~S OF T[~ CCC~ MANAG~t OR k~S D5SIGNE5; PR.O~'G FOR ~r'~r~l-;~~ O]: ~ )VISORY CO.N~aFL'.r'EE; PRO'VID'lNg FOR CO'N5%ICT ~D SE~7~B1LI~': P~O'~'O POR .~CLII'S[('~.N 'IN "FHE COk].~R. COUN~ CODF; OF LAWS ORID~AN'C ES; P.ROVIDJNG FOR ~ ~CTiV ~ .DA~. *-. ~: T:: ~ac't mt ord[nanc:) cre~fing fl~= l,i~gstm~ Rom'. lgmse ~ Belufific:~hon Municipal So,ice l'~xirg Lrmt ((]o~det'~ Oare 'P;~kwzy ~ Pmt~ I.~.idge Road). (2~.'.)~.I. DI*',i{A'I.'II.)N5: ()n .Febrmu~' ~7., 21301 ., thc itotwS apWov~d Agenda [ret:;:~ '16(q",18).. dk:'ecfint~. to esmb Ush u Municipal Scrxqc e Ta.~ing Unit (MSTU) ;:Jo.ag thc '(,i vis,tm !{oad coni& ~ for fl~e pu~ose of c~ h:moi:ng the l~d~oapc :mprov.~nrcn~ $1oag r;n.~d co,:ridt~r. S~ff.m)tet[ ~a~ s~v~'al i~u~s nee&:d. l/mit/of ~e MS'.~J } o~m~r es Al'l.gr cv~luati:ng Ih= acope of tiae .I..~vingsttm Xoad Pro'ect, it w:m determk~ed 'a:a'. this roadway cared ,r . would ~t be handled by oreal:.in3 ~ur ~uparam lancbl~t[p~tg MSTU'~ - o,'~c tbr ~ch :~ha~ of ~ rc)m'l p. roc~d wi~u m'ea:mu of ~.},c MS~7. Because ,)f rolm'est: indica'md by se've~ developmm'~t and homeowners' associations, staff reco:mrmnci~ pt~ccedi~ inilially w~fl~ ~t~ .fonnafio~ of I:~e Road ~om. Goidm~ Gai:c 2m'Ic~ay no~ to P~ l~dge th:i~',c [he 'i~Idscapo project ~.mr~m~:'t~'a. Th~b process will ~::~e th~ bridget e~ Mndmg ~ogra'm. Tke cmtbiJng ordinance, as pr~'po~cd, ,~[~ u Lwo (2) aul cap [for L~e MSTU tax. 71~cd oa ~e mo,~t Staff ~c ti~c MgI'U A(['~'ry (2o'a~Httct~ will ntec~ tJ devctop ~c proposed projccl ;t~d retm~ to .. IOo~d ~th Lhe proposed pr~ect ;md ~mding requirements. - SEP 2 2002 Livm~mm l~.oad Plm.~c ~[ Bea~Li~icu~/on IvfS']~ 'R.~CO~-DA.TIOI~'r,: "l"h~ ~e l~oard, w~ MSTU ~br ~ Livir. g~n Road corridor based ou a~ca~ C~~ ~ out~ed a~cve ~d a~pn)~e B~~on k~J' (C~I~ Gate P~ay SUB ~ BY:i~ '~i~..~r~n~ .~,~'z~ DATE: I. 1/l ~0 'l ........... - ..:" ".'7 ~ ..... ~Z~ . ' ........ ' ' ................ ~: ' AP P'~O~D B'Y: / ' ~/ DA'rE: ................. SEP 2 EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT IN THE AMOUNT OF $18,899,386.08 TO .... BETTER ROADS, INC. AND ALLOCATE $900,000.00 ($% OF THE CONSTRUCTION COST) FOR CONTINGENCY PURPOSES TO CONSTRUCT THE PROPOSED LIVINGSTON ROAD PHASE III PROJECT, FROM PINE RIDGE ROAD TO IMMOKALEE ROAD, PROJECT NO. 62071. OBJECTIVE: To receive Board approval to award a contract to proceed with the construction of Livingston Road Phase m project for $18,899,386.08 as per certified plans to thc lowest bidder, Better Roads, Inc., and allocate $900,000.00 (5% of thc construction cost) for contingency purposes. CONSIDERATION: Six (6) Bids were received on August 27, 2002 from Bonness, Inc., APAC-Florida, Inc., Better Roads, Inc., David Barton Land Development, Inc., Ajax Paving Industries, Inc. and Mitchell and Stuart Construction, Inc. for the construction of Livingston Road Phase III, from Pine Ridge Road to Immokalee Road. Thc lowest bid was from Better Roads, Inc., at $18,899,386.08, which was below the engineer's estimate. This contractor has demonstrated satisfactory performance on other projects in thc past. Thc construction duration for this project is 780 calendar days (through Jan. 2005). The 5% contingency funds will allow staff to proceed with unforeseen conditions, scope additions and modifications, or any other unanticipated necessary task in a timely and efficient manner. FISCAL IMPACT: Funds in the amount of $16,428,422.92 are available in the Transportation Supported Gas Tax Fund to pay for the road portion of this project, subject to the authorization of revenue bonds. Bonding for road construction is consistent with the Board approved road financing plan and the FY 03 budget. A resolution authorizing the use of short term (Commercial Paper) financing instruments to meet cash flow needs and long term financing instruments (revenue bonds) will be brought to the Board for consideration on October 8, 2002. Funds in the amount of $1,054,706.70 will come from the County Water Capital Projects Fund. A budget amendment is necessary to transfer $1,100,000.00 from Project 73949, SCWRF Expansion to Project 74078, 20" Reclaimed Water Main - Pine Ridge Road to Vanderbilt Beach Road Extension. This amount includes a 30% contingency. Source of funds are Impact Fees, User Fees and Gas Taxes. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE # 62071) is consistent with the Transportation Growth Management Plan. The utilities improvements are consistent with the 2001 Water and Wastewater Master Plan. RECOMMENDATION: That the Board of County Commissioners award a contract to Better Roads, Inc., for the construction of the proposed Livingston Road Phase m ~roject, Bid No.02-3413, and authorize the Chairman to approve the standard cons tmction~ -----.-- dme-AGEt','DA ITEM agreement after County Attorney approval and approve the necessary budget amel~ Nb. /O/4' SEP 2 q ;tOOt pg. .'L_~vnn K. I norpe, P.E., Principal Project Manager APPROVED BY: ~'~~ Gregg R. Strakaluse, Director, T.E. & C.M.D. / / / APPROVED BY: / (--'-',/% /.~'~'--'~ DATE: Roy AnCerson, P.E., Director, P.U.E.D. APPROVED BY: N ~, 4 DATE: Steve Carn~ll, Dire~or Purchasir~General Services Norn~a~i~: Feder. ~ICP, Administrator /Transpo~afon Division EXECUTIVE SUMMARY ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF RIGHT-OF-WAY IN FEE SIMPLE TITLE, AS WELL AS PERPETUAL, NON- EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE AND/OR UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY IMPROVEMENTS FOR THE IMMOKALEE ROAD SlX-LANING PROJECT FROM US 41 TO 1-75 (PROJECT NO. 66042). FISCAL IMPACT: $9,880,700. OBJECTIVE: To obtain authorization from the Board of County Commissioners to acquire by gift or purchase all rights and interests in real property which are required for the construction and maintenance of a six lane section of Immokalee Road from US 41 to 1-75. CONSIDERATIONS: Upon the adoption of the annual budget for capital improvements in January 12, 1999, the Board of County Commissioners added the expansion of Immokalee Road from US 41 to 1-75, to six lanes, to the Transportation five-year work program. On January 9, 2001, the Board of County Commissioners approved a negotiated contract for professional engineering services with the firm of Hole Montes, Inc., for the design of six- laning improvements to Immokalee Road from US 41 to 1-75. The Hole Montes, Inc., design plans have now reached the 60% stage, a milestone level of completion at which point it can be determined the extent of the right-of-way and other interests in real property that will be required to construct the project. Right-of-Way Maps and legal descriptions of the right-of-way and easement parcels along the project corridor are currently being prepared. Adoption of the attached Resolution will provide the Board's authorization and directive to staff to secure title work, obtain independent real estate appraisals, make written purchase offers for the real property interests required to construct the project, and to negotiate and close on the purchase of the afore-mentioned right-of-way and easement parcels. FISCAL IMPACT: Total estimated costs for all right-of-way acquisition for this project are estimated to be $9,880,700. This figure includes all land and improvements, severance damage claims, appraisal fees, title policies, and all expenses associated with condemnation of the necessary right-of-way from US 41 to 1-75. In the event that condemnation is not required to acquire all of the right-of-way necessary to construct the six-lane improvements to Immokalee Road from US 41 to 1-75, the total acquisition costs would be reduced considerably, and are estimated at $6,823,700. SEP 2 2002 pg. GROW'FH MANAGEMENT IMPACT: As the expansion of Immokalee Road to six lanes from US 41 to 1-75 is identified as Capital Improvement Element No. 6 within the County's Growth Management Plan, the recommendation is consistent with the County's long range planning effort. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution authorizing the acquisition by gift or purchase of all rights and interests in real property which are required for the construction and maintenance of a six lane section of Immokalee Road from US 41 to 1-75; and 2. Authorize the Chairman to execute same on behalf of the Board; and 3. Approve any and all budget amendments required. ~l~TreaV~n-I~.n d¥~{~ ?R ~g h¥~f:V~ a'~ a g e r nsportaffon Engineering and Construction Management DaI-¥A. Bathon, P.E., Principal Project Manager Transportation Engineering and Construction Management Gregg Strakaluse, Director TraCon Engineering and Construction Management ~ '~~ r DATE: ~-/~--'~.Z...- APPROVED BY: Norrr~an Feder,_Al{;P, Administrato ' Transportation Services Division - AGENDA I'r.F._M SEP 2 2002 1 2 RESOLUTION NO. 2002- 3 4 A 5 A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF ~ RIGHT-OF-WAY AND STORMWATER RETENTION SITES IN FEE SIMPLE TITLE, AS ? WELL AS PERPETUAL, NON-EXCLUSIVE ROAD RIGHT-OF-WAY, DRAINAGE 8 AND/OR UTILITY EASEMENTS, AND TEMPORARY DRIVEWAY RESTORATION 9 EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS, WHICH WILL BE Io REQUIRED FOR THE CONSTRUCTION OF ROADWAY, DRAINAGE AND UTILITY It IMPROVEMENTS FOR THE IMMOKALEE ROAD SIX-LANING PROJECT FROM US 12 41 TO 1-75 (PROJECT NO. 66042). 13 14 15 WHEREAS, due to continually increasing traffic volumes on Immokalee Road, it is now 16 necessary and it is in the best interests of the citizens of Collier County to expand the capacity of 17 Imruokalee Road from four lanes to six lanes between US 41 and 1-75; and 18 WHEREAS, in October 1999, after review of the AUIR (Annual Update and Inventory 19 Report). the expansion of Immokalee Road from four lanes to six lanes between US 41 and 1-75 was 20 added to the five year work prograru by the B~arfl of County Commissioners; and 21 WHEREAS, on January 9, 2001, the Board of County Commissioners approved a negotiated 22 contract for professional engineering services with the firm of Hole Montes, Inc., for the design of six- 23 laning improvements to Immokalee Road from US 41 to 1-75, Project No. 66042 (CIE No. 6); and WHEREAS, Hole Montes, Inc., has produced a 60% design plan which shows the need for -'5 additional right-of-way as within the right-of-way acquisition corridor depicted on Exhibit "A;" and 26 WHEREAS, the construction :f :he transportation improvements and related facilities 27 currently being designed by Hole Montes, Inc. along the project corridor, as depicted on Exhibit "A," 28 are necessary in order to protect the health, safety and welfare of the citizens of Collier County, and 29 will assist Collier County in meeting certain concurrency requirements of the Growth Management 30 Plan for Collier County. 31 32 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF 33 COLLIER COUNTY, FLORIDA, that: 34 i. The Board has determined that the expansion of Immokalee Road from four lanes to six lanes 35 from US 41 to 1-75 is necessary and is in the best interest of Collier County. 36 2. The construction and maintenance of the transportation improvements and related facilities is 37 corupatible with the long range planning goals and objectives of the Growth Management Plan for AGENDA ITF.,M 38 Collier County. SEP 2 2002 Pg..,, 39 '3. It is necessary and in the best intere~q of Collier County for the Board to acquire fee simple 40 pamels, as well as perpetual, non-exclusive road right-of-way, drainage and/or utility easements, and 41 temporary construction easements, and temporary driveway restoration easements within the project ,~2 corridor identified on Exhibit "A;" and County Staff is hereby authorized and directed to acquire said ~,3 right-of-way and associated easement interests by gift or pumhase. 4n 4. The Board hereby directs staff to use independent appraisal reports or internal compensation 45 estimates as staff determines is necessary to >est serve the needs of the Project in a timely and cost- 46 effective manner. 47 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, hereby 48 formally waives the requirement for a formal, independent appraisal report for the purchase of a 49 property where the purchase price is tess than One Hundred Thousand and 00/100 Dollars 50 ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized to make purchase 51 offers for the properties, the dollar amounts of which shall be predicated on "staff compensation 52 estimates" based upon independent appraisals (and the data therefrom) obtained on similar properties 53 and upon consideration and application of appropriate market value and cost data pertinent to the 54 subject parcels. 55 6. The Board hereby authorizes its present Chairman and any subsequent Chairman, for the life of 56 the Project, to execute any instruments which Lave been approved by the Office of the County 57 Attorney, to remove the lien of any encumbrznce and for an)' such other purpose as may be required 58 for the acquisition of property rights necessary for the construction of the project. 59 7. In those instances where negotiated se:tlements are obtained via the "Purchase Agreement" or 60 "Easement Agreement" mechanism, the Adm:ni~:rator of the Transportation Division, or any Project 6I Manager of his designation, is hereby delegate:t the authority to approve the purchase of property 62 fights above the staff compensation estimate cr appraised value, and pay normally related costs, when 63 it is in the best interest of the Project, and when the difference between the proposed negotiated 64 settlement amount (purchase price) and compensation estimate (or the appraised value) is less than 65 Twenty-Five Thousand and 00/100 Dollars ($25,000.00), or the current purchasing limits established 66 by the Collier County Purchasing Department, provided, Project funding is available. 67 8. That the settlement approval authority is delegated by the Board to the extent that such ~8 approvals do not conflict with the provisions of S~tion 125.355, Florida Statutes. SEP 2 6 2002 -P~-ge 2- 69 9. The Chairman of the Board is hergby authorized to execute Easement Agreements and 70 Purchase Agreements which have been appro-'ed in the manner set forth in Paragraph 7. 71 10. Where the property owner agrees, :hrcugh the execution of a "Pumhase Agreement" or "Easement Agreement," to convey a necessary interest in real property to the County, and upon the 73 proper execution by the property owner of tko~ deeds, easements, or such other legal documents as 74 the Office of the County Attorney may require, the Board hereby authorizes the Finance Department to 75 issue wan'an/s, payable to the property owner, s) of record, in those amounts as shall be specified on a 76 closing statement and which shall be based Ul:On the appraisal or staff compensation estimate in 77 accordance with this Resolution and the provi.,.ions of Section 125.355, Florida Statutes. 78 1 1. All title to properties or interests in l:roperties which have been obtained in the manner 79 described above shall be deemed "accepted" by the Board of County Commissioners, as the governing 8o body of Collier County, Florida, a political subcivision of the State of Florida, and as such, staff is 81 hereby authorized to record in the Public Reccrds of Collier County, Florida, deeds, easements or other 82 instruments as may be required to remove the lien of any encumbrance from the acquired properties. 83 85 ~,~ THIS RESOLUTION ADOPTED on this __ da3, of ,2002, after motion, second and majority vote. oO 89 BOARD OF COUNTY COMMISSIONERS OF 90 COLLIER COUNTY, FLORIDA 91 ATTEST: 92 DWIGHT E. BROCK, CLERK 93 Ey: 9,~ JA. MES N. COLETTA., CHAIRMAN 95 96 Clerk 9'/ 98 99 Approved as to form and I00 legal sufficiengy: ~ 102 · · ~' 103 ~eidi ~../~shton 104 Assistant County Attorney AGENDA ITEM SEP 2002 -Page 3- II ~' SEP 26 200,. P~. iO EXECUTIVE SUMMARY APPROVE ANNUAL RATE RESOLUTION TO SET LANDFILL TIPPING FEES, TRANSFER/RECYCLING CENTER FEES, RESIDENTIAL ANNUAL ASSESSMENTS AND COMMERCIAL WASTE COLLECTION FEES FOR FY 2002/2003. OBJECTIVE: To obtain Board of County Commissioners approval for the annual Rate Resolution to set landfill tipping fees, transfer/recycling center fees, residential annual assessments and commercial waste collection fees. CONSIDERATION: The general waste tipping fee for material disposed of in the lined cell is increased by the consumer price index of 1.1655.% (The period of July 2001 through June 2002 for the Southern Region). This will increase the rate from $32.90 to $33.28. Using the same CPI index, the current biomass (yard waste) rate of $21.21 will be increased to $21.46. It is proposed that the Construction & Demolition (C&D) rate be increased from $24.06 to $37.49. The new rate includes $33.49/ton for payments to Waste Management, Inc. for transportation and disposal and $4.00 for operational cost, including environmental compliance. The increased rate for C&D material is part of our Construction and Demolition Diversion program. Effective November 2002, C&D material and mixed C&D waste, except materials suitable for artificial reef use, will be accepted at the Naples Landfill then diverted out of county to Waste Management Inc. (WMI) facilities. The diversion of C&D waste is expected to increase our total diversion rate by 50% and will save valuable Class I landfill space for residential and non-residential municipal solid waste (MSW). No increase has been applied to the annual residential assessment as per the franchisee's agreement with the Board to freeze collection fees until October 1st, 2003. Rates for franchise commercial activity have been increased by the CPi of 1.6393%, which covers the period April 2001 to April 2002, as required in the franchise agreements. The proposed commercial rates are included in the attached rate resolution. The mandatory solid waste special assessments, (residential rates) were approved by the Board on September 10n, 2002, and are set forth again as they are part of the annual rate resolution. (attached) SEP 2 ~ 2002 FISCAL IMPACT: The increase in landfill tipping fees will provide revenue to Fund 470, Solid Waste Disposal, to fund solid waste operations, including environmental compliance and intermediate and long-term solid waste solutions. Rates for mandatory customers in District One and District Two will remain at the current rate of $127.27. Solid Waste assessments will provide revenue to Fund 473, Mandatory Trash Collection. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION.: That the Board of County Commissioners approve the submitted Rate Resolution to set landfill tipping fees, transfer/recycling center fees, residential annual assessments and commercial waste collection fees for FY 2002/2003. SUBMITTED BY: ~//-¢'¢.4.~¢., ~/~'~,74~.~-~ Date: G/George Yil~az~/Ph. D.~P.E., P.H. Director, Solid Waste Management DepaAment Utility'~illing/Customer Se~ice Director REVIEWED BY: ~* ~~ Date: Tdomas G. Wides, Operations Director -~a~es W. DeLony, P.E. - lic Utilities Administrator SEP 2 ZO0 RESOLUTION No. 2002- i RESOLUTION SUPERSEDING RESOLUTION 2001-371 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, Thc Board of Coumy Commissioners through County Ordinance No. 84-31 6 has implemented the user fee system for solid waste to all public and private users. 7 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 8 COMIVIISSIONERS OF COLLIER COUNTY, FLORIDA, that 9 SECTION l: Resolution No. 2001-371 is hereby superseded in its entirety. 1 0 SECTION 2: The following fee schedule is approved for all users of the Collier County Solid Waste 1 1 facilities: 1 2 Landfill Fees: 1 3 All fees are based on certified scale weight, per cubic yard fee, or per tire fee. No 14 rounding. 1 5 Mixed loads of biomass (land clearing, plant trimmings and grass cuttings) and other 1 {5 waste shall not be accepted. 17 Residential Municipal Solid Waste (MSW): $33.28/ton lB Commercial Municipal Solid Waste: $33.28/ton ,~19 Mixed Waste (non-MSW): $37.49 zO Construction/Demolition Debris: $37.49/ton 21 Biomass: $21.46/ton 22 Tires cut into 8 equal pieces: $33.28/ton 2 3 Whole tires: $99.02/ton 24 Car or truck tires: $4.00/tire 16" or larger size (no change). 25 Car or truck tires: $1.O0/tire 15"or smaller size (no change). 26 Large tractor or heavy equipment tires on per ton basis only. :~7 Clean soil mater/al less than 6 inches in size (to be tested and pre-qualified): $4.16/ton 28 Clean source separated concrete material suitable for use for a~ificial reef greater than 29 3 ft. (to be pre-qualified): $4.65/ton 30 Definitions of Soecial Wastes: 3 1 Soecial Waste I: Difficult-to-handle material requiring pre-acceptance site preparation (example: asbestos, 32 ash, powders). $145.62/incident, plus 2 times applicable base rate. 33 Special Waste I!: Waste requiring special acceptance procedures, but no special site preparation. Two 34 times applicable base rate, except sludge at $33.28/ton, accepted only in emergencies for Collier County ' Utilities. SEP 2 6 2002 1 Special Waste III: Wastes that are prohibited by law or regulation for the landfill, but are deposited at 2 Landfill working area and must be removed by contractor (example: whole tires, white goods, lead-acid 3 batteries) $I 1.66 per item. 4 Transfer/Recycling Center Fees 5 $5.00/use/automobiles and station wagons both full-size and compacts (less than ¼ cubic yard) {5 $9.00/cubic yard/tracks, trailers, vans (volume rounded to nearest yard) (more than ¼ cubic yard) 7 Car or truck tires: $4.00/tire 16" or larger rim size. 8 Car or truck tires: $1.00/tire 15" or smaller rim size. 9 Large tractor or heavy equipment tires accepted only at landfill. 10 WAIVER OF FEES FOR LITTER AND CLEAN-UP PROJECTS 1 1 Pursuant to Board of County Commissioners direction, BCC Agenda 7/31/01, 16C (3), neighborhood clean- 1 2 up events will be limited to $4,000.00 per clean-up event, semi-annually. Public Utilities Administrator 1 3 may authorize waiver of landfill tipping fees for these events. If estimated tipping fees exceed $4,000.00 14 the requesting party must appear before the Board of County Commissioners for approval. '1 5 RESIDENTIAL COLLECTION AND DISPOSAL FEES 16 Solid Waste Collection and Disposal Services Area Number One: (Waste Management, Inc. Service Area) 17 Includes Curbside Twice Weekly, Collection of Recyclables Weekly, Collection of Yardwaste Weekly 1 8 and Bulky Items Weekly, is $127.27 for Fiscal Year 2002/2003. 19 Solid Waste Collection and Disposal Services Area Number Two: (Immokalee Disposal Company Service 20 Area) Includes Curhside Twice Weekly, Collection of Recyclables Weekly, Collection of Yardwaste 21 Weekly and Bulky Items Weekly, is $127.27 for Fiscal Year 2002/2003. 2 2 Special Request Backdoor Service - Service Area Number One and Service Area Number Two: 23 $361.45 per year in addition to the annual assessment for the unit. 24 Recycling Bin Fees: 2 5 Unserviceable bins must be presented in exchange for replacement bins. Replacement of bins due to loss or 26 negligence of the residential unit, to be paid for by the customer at a cost of $5.00 per bin. Bins must 2 7 remain with the residential unit regardless of change of unit ownership. 2 8 Standard Container Fees: 29 Each residential unit is provided an initial container at no charge to the un/t owner. Containers will 30 remain with the residential unit regardless of change in unit ownership. Replacement of containers due to 31 normal wear will be provided by the franchisee. Unserviceable containers must be presented for 32 exchange. Replacement of containers due to loss or negligence of the residential unit will be paid by the 33 customer in an amount equal to the franchisee's cost for the container, plus a $5.00 delivery fee. Each 34 customer is entitled to one change of container size at no additional cost. A delivery charge of $5.00 will 35 be paid by the customer for additional changes in container size. Customers requesting an additional SEP 2 2002 ~,~... ~ container will pay an amount equal to the franchisee's cost, plus a $5.00 delivery fee. The County replaces containers that are stolen. COMMERCIAL COLLECTION AND DISPOSAL FEES Service Area Number One: - Mandatory multi-family recycling collection fee is $.92 per-unit per-month. Service Area Number Two: - Mandatory multi-family recycling collection fee is $.95 per-unit per-month. Commercial Can Accounts:, A 96-gallon container collected twice a week is $10.52/month or $127.27/year. Ifa customer needs more than one container due to lack of space for a dumpster, each additional container is $10.52/month or $127.27/year. Commercial Disposal Fee: See Attached Schedules (4 pages) - Attachment No. I SECTION 3: The effective date of this Resolution shall be October 1, 2002. This Resolution adopted this 24t..__hh day of Set~tember. 2002 after motion, second and majority vote. 13 ATTEST: BOARD OF COUNTY COMMISSIONERS 1 4 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 1 5 By: By: JAMES N. COLETTA CHAIRMAN 6 A~rm and legal sufficiency: I7 rtomey SEP 2 02 ATTACHMENT NO. 1 PAGE 1 OF 4 EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREA NO. 1 10/01/02 WASTE MANAGEMENT OF COLLIER COUNTY, INC. BULK CONTAINER COMMERCIAL RATES RATE$ ARE PER MONTH CU YD. PER WK COLLECT DISPOSAL NEW RATE SERVICE 2 I $ 74.97 $ 15.99 $ 90.97 2 2 $ 120.43 $ 31.97 $ 152.40 2 3 $ 158.23 $ 47.93 $ 206.17 $19.84 2 4 $ 226.78 $ 63.92 $ 290.70 PER P/U 2 5 $ 236.36 $ 79.89 $ 316.26 2 6 $ 276.71 $ 95.87 $ 372.58 4 1 $ 96.10 $ 31.97 $ 128.07 4 2 $ 178.08 $ 63.92 $ 242.00 4 3 $ 236.98 $ 95.87 $ 332.85 $39.66 4 4 $ 307.43 $ 127.83 $ 435.27 PER P/UP 4 5 $ 372.76 $ 159.77 $ 532.53 4 6 $ 452.17 $ 191.71 $ 643.89 6 1 $ 138.98 $ 47.93 $ 186.92 6 2 $ 220.34 $ 95.87 $ 316.22 6 3 $ 341.40 $ 143.80 $ 485.20 $59.48 6 4 $ 417.59 $ 191.71 $ 609.31 PERP/UP 6 5 $ 539~91 $ 239.67 $ 779.58 6 6 $ 627.64 $ 287.58 $ 915.22 8 1 $ 157.60 $ 63.91 $ 221.52 8 2 $ 281.80 $ 127.83 $ 409.64 8 3 $ 397.10 $ 191.71 $ 588.82 $79.31 8 4 $ 522,60 $ 255.62 $ 778.22 PER P/UP 8 5 $ 636.59 $ 319.54 $ 956.14 8 6 $ 771.07 $ 383.43 $ 1,154.51 RESTART FEE: $64.07 SEP 200 PG. ~ ATTACHMENT NO. 1 PAGE 2 OF 4 EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREAS NO. 1 10/1/2002 WASTE MANAGEMENT OF COLLIER COUNTY, INC. BULK COMPACTOR COMMERCIAL RATES RATES ARE PER MONTH ! SIZE/ FREQ COLLECT DISPOSAL TOTAL I EXTRA CONT I CU YD. PERWK RATE RATE NEW RATE SERVICE 2 I $ 131.32 $ 79.14 $ 210,46 2 2 $ 203.89 $ 158.31 $ 362.21 2 3 $ 334.76 $ 237.43 $ 572.19 $55.9f 2 4 $ 333.19 $ 316.58 $ 649.77 PERP/UP 2 5 $ 332.65 $ 395.75 $ 728.40 2 6 $ 398.86 $ 474.86 $ 873.73 4 1 $ 232.33 $ ' 158.31 $ 390.65 4 2 $ 419.23 $ 316.58 $ 735.81 4 3 $ 566.74 $ 474.86 $ 1,041.60 $88.62 4 4 $ 715.84 $ 633.17 $ 1,349.02 PERP/UP 4 5 $ 864.38 $ 791.42 $ 1,655.81 4 6 $ 1,014.83 $ 949.72 $ 1,964.55 6 I $ 338.79 $ 237.43 $ 576.22 6 2 $ 488.59 $ 474.86 $ 963.45 6 3 $ 788.51 $ 712.30 $ 1,500.81 $132.91 6 4 $ 919.98 $ 949.73 $ 1,869.71 PER P/UP 6 5 $ 1,234.30 $ 1,187.15 $ 2,421.45 6 6 $ 1,464.46 $ 1,425.59 $ 2,890.06 8 I $ 369.36 $ 316.58 $ 685.94 8 2 $ 625.76 $ 633.17 $ 1,258.94 8 3 $ 881.04 $ 949.73 $ 1,830.77 $164.39 8 4 $ 1,137.96 $ 1,266.29 $ 2,404.26 PER P/U 8 5 $ 1,393.03 $ 1,582.89 $ 2,975.93 8 6 $ 1,651.35 $ 1,899.46 $ 3,550.81 RESTART FEE: $64.07 SEP 2 200 ~G. 7 ATTACHMENT NO. 1 PAGE 3 OF 4 EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREA NO. 1 10/1/2002 WASTE MANAGEMENT OF COLLIER COUNTY, INC. ROLL-OFF SERVICE-REGULAR COMMERCIAL CUSTOMERS RATE$ ARE PER MONTH EQUIPMENT TOTAL MONTHLY TOTAL HAUL SIZE EQUIPMENT CHARGE CHARGE/CONTAINER PER LOAD 20 CUBIC YARDS $96.14 $96.13-$151.94' 30 CUBIC YARDS $108.94 $96.13-$151.94' 40 CUBIC YARDS $121.75 $96.13-$151.94' COMPACTOR VARIES $224.25 *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 - $64.07 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 ATTACHMENT NO. 1 PAGE 4 OF 4 EFFECTIVE DATE: RATE SCHEDULE FOR SERVICE AREA NO. 2 10101102 IMMOKALEE DISPOSAL SERVICE COMPANY BULK CONTAINER COMMERCIAL RATES RATES ARE PER MONTH SIZE/ FREQ TOTAL TOTAL TOTAL , EXTRACONT I CU YD. PER WK COLLECT DISPOSAL NEW RATE I ISERVICE 2 1 $ 57.67 $ 15.61 $ 73.28 2 2 $ 112.78 $ 31.20 $ t43.99 2 3 $ 140.96 $ 46.80 $ 187.77 $20.43 2 4 $ 172.99 $ 62.41 $ 235.40 PER P/UP 2 5 $ 198.61 $ 78.00 $ 276.61 2 6 $ 217.84 $ 93.60 $ 311.45 4 I $ 89.73 $ 31.20 $ 120.94 4 2 $ 166.60 $ 62.41 $ 229.01 4 3 $ 237.05 $ 93.60 $ 330.66 $40.8f 4 4 $ 301.10 $ 124.81 $ 425.92 PERP/UP 4 5 $ 358.77 $ 155.99 $ 514.76 4 6 $ 410.03 $ 187.18 $ 597.22 6 I $ 160.18 $ 46.80 $ 206.99 6 2 $ 237.06 $ 93.60 $ 330.66 6 3 $ 307.52 S 140.39 $ 447.92 $61.22 6 4 $ 371.58 $ 187.18 $ 558.77 PER P/UP 6 5 $ 429.24 $ 233.98 $ 663.23 6 6 $ 480.48 $ 280.76 $ 761.24 RESTART FEE: $ 64.07 NO.. SEP 2 PG., EXECUTIVE SUMMARY AWARD BID 02-3415 TO LODGE CONSTRUCTION, INC. FOR THE CONSTRUCTION OF THE GOLDEN GATE COMMUNITY CENTER ANNEX AT A COST OF $2,311,117 Objective: To construct new facilities for community and countyw/de recreation at Golden Gate Community Center at the lowest possible cost. Considerations: An annex planned for the Golden Gate Community Center will consist of a band shell, BMX track, skate park, pro shop/game room, meeting rooms, and rest rooms. Bid 02-3415 for General Contracting services for construction of the annex was posted on July 30, 2002 with invitations to bid sent to 293 contractors. Sixteen contractors requested bid packages. Of them, eight returned bids per the attached bid tabulation. Staff has reviewed the bids received and has chosen the base bid and alternate #1 as the award basis. Bids received were as follows for these criteria: base bid alternate #1 total Lodge Construction, Inc. $2,299,000 $12,117 $2,311,117 Bradanna, Inc. 2,348,000 6,300 2,354,300 Brooks and Freud 2,390,989 11,300 2,402,289 Southern Gulf West COnstruction 2,395,000 12,000 2,407,000 Gary Wilkes, Inc. 2,416,115 4,400 2,420,515 LAM Management, Inc. 2,470,000 11,372 2,481,372 Republic Construction and Dev. Corp. 2,474,848 12,325 2,487,173 Compass Construction 2,518,034 12,164 2,530,190 Staff recommends the bid be awarded to Lodge Construction, Inc. as the lowest qualified responsive General Contractor that can meet the required time frame. Fiscal Impact: A total of $3,093,300 is budgeted for this project in FY03. For this expenditure, $199,000 will come from the Parks MSTU General Fund supported fund, $1,289,917 from the Combined Community & Regional Park Impact Fee fund and $822,200 from the Naples and Urban Community Park Impact Fee fund. This project is funded with MSTU General Fund and Impact Fees. Growth Management Impact: The value of this facility will be inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award the base bid and alternate #1 of Bid 02-3415 to Lodge Construction, Inc. in the amount of $2,311,117. Submitted Ton~, Ruberto, Project Manager Parks and Recreation Department - S EP 2 Reviewed by: ¥ Matrla ~. ~msey, Director ~ Parks and Recreation Dep~ment Reviewed by: ~~ ~' ~~ Date: ~t~e Ca~e[l, ~ector Purchasing Depanment ~..rov~ ~: ~~[~~ ~ Jo~ Dun'duck, Administrator DiVision of Public Se~ices ~ SEP ~. EXECUTIVE SUMMARY APPROVAL OF A PROJECT BUDGET AMENDMENT FOR $357,000 AND APPROVAL TO AWARD BID #02-3377 IN THE AMOUNT OF $2,529,376 FOR A CONSTRUCTION CONTRACT WITH BROOKS AND FREUND, LLC, FOR CONSTRUCTION OF THE NORTH NAPLES GOVERNMENT SERVICES CENTER. OBJECTIVE: To obtain approval from the Board of County Commissioners for the attached budget amendment for $357,000 and to award Bid #02-3377 and a Construction Contract to Brooks and Freund, LLC, for the construction of the North Naples Government Services Center, located next to the Library at Orange Blossom Drive and Airport-Pulling Road. CONSIDERATIONS: Seven bids were received in response to request for bids (Bid #02- 3377) for construction of the North Naples Government Services Center. One vendor, because of an error in the bid amount, withdrew their proposal. Staff removed another firm from consideration because the proposal did not include pricing for a mandatory "add alternate" (queing system). Brooks and Freund, LLC, was the lowest bidder at $2,529,376 (see attached bid tabulation sheet) and appears to be fully qualified and capable of performing the required services. Subsequent to the Board's approval of the budget for this project, the Services Center's building size has been increased from 12,000 square feet to 16,000 square feet to provide additional government services to the public. In addition, it is anticipated that the impact fees will increase considerably prior to the project receiving the necessary construction permits. Staff is therefore requesting that the Board approve the attached budget amendment for $357,000, representing an increase in the project budget of $188,830 and a five percent project budget contingency of $168,170 (see attached budget data sheet). FISCAL IMPACT: This project was approved and budgeted for $3,177,300. The budget amendment will increase the total approved budget amount to $3,534,300. Architectural fees are $250,900 of this amount, leaving $3,283,400 for construction, permitting, impact fees, furniture, utility connections and project contingencies. The Contract amount of $2,529,376 will be paid out of Facilities Management County-Wide CIP Fund (301), North Naples Government Services Center (Project NO. 80534). GROWTH MANAGEMENT IMPACT: This request is consistent with the County's Growth Management Plan and the County's Master Space Plan. RECOMMENDATION..S..: Approve attached budget amendment, Award Bid #02-3377 and a Construction Contract to Brooks and Freund, LLC, for the North Naples Government Services Center, and authorize the Chairman to sign the Contract after review and approval by the County Attorney's Office. EXECUTIVE SUMMARY North Naples Government Services Center Page 2 ~',,¢l/ac'k ~3rognale, P~cipal Project Manage /' JProperty Acquisition & Construction Management Department of Facilities Management REVIEWED BY: /,-, 0,,~,)~ (,~1~ -- DATE: Cl~arles E. Carrington, Jr., SR/WA, Ma g Property Acquisition & Construction Management Department of Facilities Management Skip Camp, CFM, Director Department of Facilities Management REVIEWED BY: f~?. G'~' ':~') ' DATE: '~.. S-~eve ~'. Carnal, Director Purchasing Department APPROVED BY: ~ DATE: ~/~) 7/~ ~''''''- Jo-Anne Varcoe-Leamer, Administrator Administrative Services Division NORTH NAPLES GOVERNMENT SERVICE CENTER PROJECT COST DESCRIPTION COST COMMENTS Architectural Fees $ 250,900.00 Design completed Construction Cost $ 2,529,376.00 Includes Fire & Security Furniture $ 200,000.00 Utility Tie-in fees $ 15,000.00 To Library Project $ 25,854.00 Utility Connections under Parking area Permits & Impact Fees $ 300,000.00 If impact fees remain as proposed Builders Risk $ 10,000.00 Conditional Use $ 35,000.00 Site requires a conditional use permit Sub-total $ 3,366,130.00 Contingency 5% $ 168,300.00 New Project Budget $ 3,534;430.00 Old Project Budget $ 3,177,300.00 Required Budget $ 357,130.00 Use $357,000 Amendment SEP 2 2002 EXECUTIVE SUMMARY APPROVAL OF FIRST AMENDMENT TO LEASE BETWEEN CPOC REALTY, L.L.C. AND COLLIER COUNTY FOR THE CONTINUED USE OF OFFICE SPACE FOR THE FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT AT AN ANNUAL RENTAL AMOUNT OF $44,636.88 OBJECTIVE: Approval of a First Amendment to Lease between CPOC Realty, L.LC. and Collier County for the continued use of office space utilized by the Financial Administration and Housing Department at 3050 North Horseshoe Drive, Suite 275. CONSIDERATIONS: On July 31, 2001, the Board of County Commissioners approved a Lease with CPOC Realty, L.L.C. for 2,960 square feet of office space at 3050 North Horseshoe Drive, Suite 275. The original lease provided for a one-year term without any renewals, at a cost of $42,920. At this time, the Financial Administration and Housing Department wishes to remain at the subject property. The attached First Amendment to Lease provides for a one-year term with an additional one (I) year renewal term. The Amendment includes a provision for early termination, following the first full year of occupancy, by providing the landlord with thirty day written notice. The annual rent will be $44,636.88 for the first year of the lease and will then be increased four (4) percent for the second year. The Office of the County Attorney has reviewed and approved the attached First Amendment to Lease. FISCAL IMPACT: The annual rent of $44,636.88, which will be paid in equal monthly installments of $3,719.74, plus monthly CAM in the amount of $995.99 shall be withdrawn from the General Fund (001); Financial Administration and Housing 138710. CDBG (121-138755) and SHIP (Fund 191-138785) also take up residence at this address, thus a percentage of the rent will be paid by these respective funds. GROVVTH MANAGEMENT IMPACT: There is no impact to the Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Lease and authorize.its Chair,~an to execute same. /" / . ~Fip.~nc.~l A~r~inistra~igt~ and Housing ~ .~ ~ ~ , M~' hael H. Dowling, ro erty Management Specialist ~, ~(~1 ~ ',i~,.sr ~ 'IV~ gem~n~:)epartment Denny Baker, Director ~cial Ad mi~ra~./nd H.,~ng ~/I/ APPROVED BY:~ DATE: . , CDES Division SEP 2 2002 FIRST AMENDMENT TO LEASE THIS FIRST AMENDMENT TO LEASE entered into this ~ day of ,2002 at Naples, Collier County, Florida, by and between the BOARD OF COUNTY COMMISSIO~RS OF COLLIER COUNTY, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, hereinafter referred to as "Tenant" and CPOC REALTY, L.L.C., whose mailing address is 2400 Ninth Street North, Suite 101, Naples, x:a~rida 34103, hereinafter referred to as "Landlord". wHEREAS, the Board of County Commissioners of Collier County, Florida and CPOC Realty, L.L.C. have previously entered into a Lease Agreement dated July 31, 2001; and WHEREAS, the LANDLORD and TENANT hereby amend the Lease. NOW, THEREFORE, in consideration of the covenants and agreements provided within said Lease dated July 31, 2001, and Ten Dollars ($10.00) and other valuable consideration, said Lease is hereby amended as follows: I. Landlord shall extend this Lease for an additional twelve (12) months, commencing on September 15, 2002 ("Extended Term"), and Tenant shall be granted an additional twelve (12) months, automatically, following the Extended Term, providing Tenant is not then in default of any of the terms of this Lease. Tenant shall be granted the right to terminate the Lease after the first full year (365 days) of occupancy at the Demised Premises by providing the Landlord with thirty (30) days' advance written notice of its election to terminate. 2. The base rent for the period of September 15, 2002 to September 14, 2003 shall be $3,719.74 per month. The base rent for the Extended Term of September 15, 2003 to September 14, 2004 shall be $3,868.53. Tenant is tax exempt. 3. This First Amendment to Lease shall be effective as of September 15, 2002. 4. In all other respects, the Lease between Landlord and Tenant datedTuly 31, 2001 shall remain unchanged and in full force and effect. IN WITNESS WHEREOF, the LANDLORD and TENANT have hereto executed this First A.l~endment to Lease the day and year first above written. ,. ,O THE TENANT: BOARD OF COUNTY COMMISSIONERS, ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Clerk BY: BY: Deputy Clerk JAMES N. COLETTA, Chairman AS TO THE LANDLORD: CPOC REALTY, L.L.C.. DATF_,D: BY: First Witness (Signature) Print Name and Title (Print Name) Second Witness (Signature) (Print Name) P ved as to form and.legal sumc,ency: SEP 2 6 2002 Thomas (2. Palmer, Assistant County Attorney APPROVE FOURTH AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC., EXTENDING EXPIRATION DATE FROM SEPTEMBER 30, 2002 TO JANUARY 31, 2003 TO ALLOW FY02 ADVERTISING/PROMOTION FUNDS TO BE EXPENDED IN FY03, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board approval of amendment to 2002 Tourism Agreement with KSIL extending expiration date to allow unspent FY02 Advertising/promotion funds to be rolled over and utilized in FY03 until January 31, 2003. CONSIDERATIONS: Kelly Swofford Roy, Inc. (KSR) is the advertising/promotion vendor for tourism promotion in Collier County. On August 28, 2002, KSR requested a 4-month extension of its 2002 Tourism Agreement with Collier County which has an expiration date of September 30, 2002 to coincide with FY02 end. KSR's 2002 Advertising Plan was not approved by the Board until April, 2002 (6-months after beginning of FY02). The agency has not had the opportunity to put the entire advertising/promotion plan in place. They requested an extension of their 2002 Tourism Agreemem until January 31, 2003 to allow four additional months to implement the plan. Any unspent funds upon expiration would be returned to TDC Fund 194 Reserves. On September 9, 2002, the Tourist Development Council considered KSR's request for a 4-month extension of its 2002 Tourism Agreement. The Tourist Development Council unanimously recommended Board approval of the request. FISCAL IMPACT: None. Unspent advertising/promotion TDC funds budgeted for FY02 will be rolled over and utilized by KSR through the extended period until expiration of the 2002 Tourism Agreement on January 31, 2003. The extension of this agreement will not affect the other agreement with KSR. GROWTH MANAGEMENT IMPACT: There is no growth managemem impact regarding this action. RECOMMENDATION: Approve Fourth Amendment to 2002 Tourism Agreement with KSR, extending expiration date to January 31, 2003. Prepared by: Date: ~../tg- ~ ~ D. E. "Bleu" Wallace, Director CDES Operations SEP 2 2002 Reviewed by: /,~ /~c ~,~ ,~ ,~t . Steve C' '-~-~ar~efl, P~r~tas~ng Director Approved by:~ Date: ~mmunity Development & Environmental Services Division SEP 2 ~ 2002 FOURTH AMENDED TOURISM AGREEMENT WITH KELLEY SWOFFORD ROYr INC. THIS FOURTH AMENDED AGREEMENT, made and entered into on this ~ day of , 2002, by and between Kelley Swofford Roy, Inc., hereinafter called the "Contractor" and Collier County, a political subdivision of the State of Florida, Collier County, Naples, hereinhfter called the "County": WITNESSETH: 1. COMMENCEMENT. The Contractor shall have commenced the work December 1, 2001. a. This Fourth Amended Agreement shall commence on the date of approval of the Collier County Board of County Commissioners. b. The existing contract shall be extended co=5=::'c for an additional four (4) months from the original contract date, a ~r,~ ........ ~^~ ~v~ ~ m fourteen (14) month period, commencing on December 1, 2001 and terminating on S~pt~mSer Z0, 2092 January 31, 2003. 2. STATEMENT OF WORK. a) KSR will perform a combination of the following services, as approved by the County, in order to best serve the Collier County's needs: b) Develop for approval and implementation advertising, public relations and marketing communications program to meet the County's objectives and budgetary limitations. c) Counsel the County on public relations, advertising and marketing communications opportunities, as appropriate for the County. d) Develop primary and secondary research including focus groups or internal consensus building workshops as required and approved. e) Develop press releases, a background profile on Collier County, photo library, video news releases (VNR) in English and other languages as required. f) Develop media target list of local, state, national and international media contacts. g) Plan an advertising program, from creative strategy, copy, layouts, and production to media research and scheduling, against the County's advertising budget. h) Enter into contracts at the direction of and in the name of the County to effectuate the County's advertising program including, but not limited to media space ~'~'~ SEP 2 2002 i) Develop required collateral material (brochures, newsletters, direct mail and any marketing and communications material) from copy, layout through to printing. j) Develop website and Internet advertising. k) Maintain a Contractor servicing office in Collier County to support the above listed activities. 1) Contractor will supply the County with monthly reports reflecting the number of ads placed, the cost of the ads and what the County's benefit is in result of the ads. m) KSR shall have the responsibility for the implementation of the previously approved Emergency Marketing Plan attached hereto as Exhibit "A" that was specifically approved on October 23, 2001 by the Collier County Board of County Commissioners for the Tourism Alliance of Collier County pursuant to the Third Amended Agreement to its 2001 Tourism Agreement with the County. The sums of $250,000.00 shall be expended from Tourist Development Disaster Recovery Fund 196 and $250,000.00 shall be expended from Tourist Development Advertising Fund 194. These remain the same funds allocated by the Board of County Commissioners for the aforementioned 2001 Emergency Marketing Plan and shall be paid separately from the Contract Sum for KSR set forth below. n) KSR shall have the responsibility for the implementation of the FY01/02 Advertising/Marketing Plan attached hereto as Exhibit "B" that was specifically approved on April 9, 2002 by the Collier County Board of County Commissioners. The sum of $552,500.00, in its entirely, shall be funded from Tourist Development Advertising Fund 194. o) KSR shall have the responsibility for the implementation of the FY01/02 "Added Investment" advertising plan attached hereto as Exhibit "C" that was specifically approved on April 23, 2002 by the Collier County Board of County Commissioners. The sum of $250,026.00, in its entirety, shall be funded from Tourist Development Advertising Fund 194 Reserves. p) KRS may transfer unspent line item funds resulting from negotiating lower advertising costs to the Opportunity Marketing line item category with the prior approval of the Administrator, Community Development and Environmental Services Division, or his designee. In all other respects, KSR shall continue to comply with all of the County's policies and procedures, as set forth herein, regarding expenditures of County funds. 3. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors, where practicabl~.' ~rmoA SEP 2 4. THE CONTRACT SUM. The County shall pay the Contractor for the performance of this Agreement as per the following responsibilities. a) The County will reimburse Contractor for expenditures incurred on behalf of the County including, but not limited, to those listed below. b) Beginning on December 1, 2001 and each month thereafter, the County will remit to Contractor a monthly retainer in the amount of $9,000, upon submission of invoices by Contractor in a timely manner, for public relations professional services. Activity, performance and monthly retainer amount to be reviewed quarterly, based on billable time as per professional fees included in Addendum A. Special projects such as market research must be authorized and approved by the County and will be billed separately. This $9,000.00 per month retainer under this fourth amended agreement shall expire on September 30,2002t but may continue under a separate agreement with the County. c) Specific marketing projects such as research, community consensus building, workshops and activities, and targeted marketing program development will be estimated and approved in advance. d) The County will reimburse Contractor separately for project work and production for brochures, promotions, web site design, special events and other special projects, as well as for any media purchases like newspaper, print, radio or television made by Contractor on behalf of the County. All separate project work discussed in this section will be estimated by Contractor in advance, and the Administrator, Community Development and Environmental Services Division, or his designee, must sign the estimate before work on these projects or purchases can commence. e) The County will reimburse Contractor for external expenses such as telephone, fax, messenger service, reproduction work, Internet charges, public relation news wires and clipping services, as well as mailing, packaging, shipping, taxes and duties, printing, copying and other expenses incurred by Contractor in connection with the performance of this Agreement. Such costs shall not exceed $200 per month without the prior written approval and consent of the County. For any communications between Contractor's office and the County, no charges will be made to the County for the above-mentioned expenses. f) The County will only reimburse Contractor costs for travel and entertainment on behalf of the County, provided such travel and entertainment has been approved and consented to, in writing, in advance, by the County. g) If media or other charges increase or decline following Contractor submission of an estimate, the County's responsibility will be adjusted accordingly. If the amount of space, time, or other advertising services actually used is less than what was contracted, the County agrees to pay for any rate changes resulting fron~-~"~0~lYr.~' ' '- -' SEP 2 ~ 20~ ~,.., ~ of volume discount or because of higher scheduled rates. If additional space, time, or services results in a lower rate, the COUNTY will receive the benefit of the lower rate. Contractor agrees to notify the County of any such rate changes as soon as such information is available to Contractor. If the County, after having approved any planned advertising, cancels all or part of this advertising, the County will pay ail costs incurred, including any non-cancelable commitments for time or space. h) Contractor will receive a fifteen percent (15%) commission on the gross charges, paid by the advertising media and printing. Purchases of goods and services must be pre- approved by the Administrator, Community Development and Environmental Services Division, or his designee, in advance of purchase. At that time a decision will made by the Administrator whether the County will be directly billed for the goods and services. i) Contractor will take a fifteen percent (15%) commission on the gross charges from third parties with whom Contractor has contacted for products or services used to implement the marketing projects or advertising approved by the County. j. All cash discounts allowed to Contractor by third party suppliers will be credited to the County provided such payments are made directly to Contractor in accordance with the specific discount terms contained in Contractor's invoices and provided the County is not in default on payment of any amounts due to Contractor. Professional Fees/Hourly Basis Art Direction $ 60 - $120 Production in-House 35 - 60 Strategic & Marketing Planning 100 - 250 Public Relation 80 - 150 Website Design 75 - 125 5. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed by registered or certified mail to the Contractor at the following Address: Kelley Swofford Roy, Inc. Advertising Marketing Public Relations 355 Palermo Avenue Coral Gables, Florida 33134 Effective February 15, 2002, Kelley Swofford Roy, Inc. will move to new headquarters located at 3399 Ponce de Leon, Coral Gables, Florida 33134. All Notices from the Contractor to the County shall be deemed duly served if mailed by registered or certified mail to the County to: ~;NOA LWe~a ~-~ ! SEP2 2OtE Administrator, Community Development & Environmental Services Division, Collier County Government 2800 N. Horseshoe Drive Naples, Florida 34104 The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Service Agreement must be in writing. 6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons -- employed by the Contractor. 8. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, county facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be objectionable or improper, the County shall have the right to suspend the contract of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. 9. OWNERSHIP OF DOCUMENTS PRODUCED: All plans, preliminary outlines, sketches, copies, and all other intellectual properties or work that are produced pursuant to this agreement must be pre-approved prior to purchase by the Administrator or his or Her Designee. All such property will remain the property of the Contractor until such time as all payments due Contractor for the particular work have -'"- been made. Thereafter, all such material shall become the property of except copyrighted material to which the copyright is held by a third par!y o~artie~ i~ SEP 2 2O02 unrelated to the Contractor. Upon termination of this agreement, all such property and materials shall be the property of the Contractor unless the County pays for them in accordance with the terms of this agreement, even though the County or another party may have physical possession of the property in question. Contractor shall endeavor to utilize uncopyrighted material or secure releases of copyrights for the County. 10. TERMINATION. Should the contractor be found to have failed to perform its services in a manner satisfactory to the County as per this Agreement, the County may terminate said agreement immediately for cause. Either party may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of non-performance. Upon termination of this Agreement, Contractor will bill the County for all amounts not previously billed and due Contractor at that time. Contractor will not be entitled to payment for any advertisement if work on it commenced after Contractor received the notice of termination. Contractor will be entitled to payment for services for advertisements commenced and approved for placement in a specific media by the County prior to receipt of such notice; or with the expressed written consent of the County prior to the effective date of termination. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. Commercial General Liability: Coverage shall have minimum limits of $300,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $1,000,000 for each accident. Special Requirements: Collier County shall be listed as the Certificate Holder and included as an Additional Insured on the Comprehensive General Liability Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreem nt. ~-~,~_~ certificates shall be sent to the County 30 days prior to any expiratic d~:. There~/'*~ SEP 2 2 02 shall be a 30 day notification to the County in the event of cancellation or modification of any stipulated insurance coverage. Contractor shall insure that all subcontractors comply with the same insurance requirements that he is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 13. INDEMNIFICATION. The Contractor/Vendor, in consideration of One Hundred Dollars ($100.00), the receipt and sufficiency of which is accepted through the signing of this document, shall hold harmless and defend Collier County and its agents and employees from all suits and actions, including attorneys' fees and all costs of litigation and judgments of any name and description arising out of or incidental to the performance of this contract or work performed there under. This provision shall also pertain to any claims brought against the County by any employee of the named Contractor/Vendor, any Subcontractor, or anyone directly or indirectly employed by any of them. The Contractor/Vendor's obligation under this provision shall not be limited in any way by the agreed upon contract price as shown in this Contract or the Contractor/Vendor's limit of, or lack of, sufficient insurance protection. The first One Hundred dollars ($100.00) of money received on the contract price is considered as payment of this obligation by the County. This section does not pertain to any incident arising from the sole negligence of the County. 14. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Housing and Urban Improvement Department. 15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: Insurance Certificate. 16. SUBTECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this agreement is subject to appropriation by the Board of County Commissioners. 17. COOPERATION. Contractor shall fully cooperate with the County in all matters pertaining to this agreement and provide all information and documents as requested by the County from time to time. Failure to cooperate, as interpreted by the County shall constitute grounds for the County to impose sanctions that do not result in termination of this agreement. 18. AVAILABILITY OF RECORDS. Contractor shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. Contractor agrees that the County, or any of its duly representatives, shall, until the expiration of three (3) years after final pa~ ~nerl~under this Agreement, have access to, and the right to examine and photocopy a: ~y pertinent SEP 2 72002 books, documents, papers, and records of Contractor involving transactions related to this Agreement. 19. PROHIBITION OF ASSIGNMENT. Contractor shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consent of the County. 20. The County shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documents, unless specifically exempted by the County. IN WITNESS WHEREOF, the Contractor and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK OF COURTS By: By: Dated: JAMES N. COLETTA, CHAIRMAN (SEAL) Kelley Swofford Roy, Inc. By: First Witness Signature Type/print witness name Second Witness Typed signature and title Type/print witness name CORPORATE SEAL (corporations only) Approved as to form and legal sufficiency: ^ -~ ~- ~c~eline ~'~bard Robinson ~~ Assistant County A~orney SE? 2 4 2002 lO EXHIBIT "A" FOURTH AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC. SEP 2 6 2002 EXHIBIT "B" FOURTH AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC. ~A frF. M SEP 2 ~ 2002 EXHIBIT "C" FOURTH AMENDMENT TO 2002 TOURISM AGREEMENT WITH KELLEY SWOFFORD ROY, INC. SEP 2 ~ 2002 o ' --.. ~ ~ ~.~ ..~o.. * ~ ~ ~ ~ ~ - .  ~ · . _ · ~ ~. ~_ 0 ~ ~ ~ o ~ ~ E EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TRANSFERRING $3,608.04 FROM TOURIST DEVELOPMENT FUND 194 TO UTILITY REGULATION FUND 669 FOR REIMBURSEMENT OF FY01/02 EXPENDITURES MADE BY UTILITY REGULATION, WHICH WERE DEDICATED TO THE TOURISM EFFORT, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To reimburse Utility Regulation Fund 669 for actual FY01/02 expenditures dedicated to the County's tourism effort during the transitional period when the Tourist Development element was transferred to the CDES Operations Department from the Housing and Urban Improvement Department. CONSIDERATIONS: Since December 8, 2001, CDES Operations (Utility Regulation) staff have performed all tourism support functions which necessitated initial expenditures made by the Utility Regulation element to support the tourism effort during the period when the. Tourist Development element was transferred from the Housing and Urban Improvement Department to CDES Operations. On June 18, 2002, this item was presented to the Tourist Development Council. The Council recommended Board approval of the $3,608.04 transfer. GROWTH MANAGEMENT IMPACT: None FISCAL IMPACT: There are sufficient funds in Fund 194 (Advertising/promotion) operating budget to fund the transfer of $3,608.04. RECOMMENDATION: Recommend approval of the budget amendment. D. E. "Bleu" Wallace, Director CDES Operations Department APPROVED BY: ~~'~~~/~--/Date: ]{:~eph K. Sclfi'nitt, Administrator /mmunity Development & Environmental Services Division AGENDA I~ SEP 2 2002 EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT TRANSFERRING $20,000 FROM TOURIST DEVELOPMENT FUND 194 TO UTILITY REGULATION FUND 669 FOR REIMBURSEMENT OF UTILITY REGULATION STAFF TIME DEDICATED TO THE TOURISM EFFORT, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: To reimburse Utility Regulation Fund 669 for stafftime dedicated to the County's tourism effort through September 30, 2002. CONSIDERATIONS,.'., Since December 8, 2001, CDES Operations (Utility Regulation) staff have performed all tourism support functions which include the following: · Staff support to the TDC and BCC in preparation of Agenda Items. · Represems TDC and BCC at functions as Executive Director of TDC. · Review and processing of budget amendments related to Advertising/promotion. · Processing of Advertising/promotion, fulfillment, and statistical analysis vendor invoices. · Processing and scheduling of Special Grant Applications, Special Museum Grant Applications. "-' · Formulation and presentation of Tourist Developmem Tax related budgets. On September 9, 2002, this item was presented to the Tourist Development Council. The Council unanimously (9-0) recommended Board approval of the $20,000 transfer. GROWTH MANAGEMENT IMPACT,:. None FISCAL IMPACT:, There are sufficient funds in Fund 194 (Advertising/promotion) operating budget to fund the transfer of $20,000. RECOMMENDATION: Recommend approval of the budget amendment. PREPARED BY: Date: ~' ;// O fi. E. r'fileu" Wallace, Director CDES Operations Department /Jo~'epl{ K. Sch~nitt, Admimst' ~ator ~ unity Development & Environmental Services Divisic emro SEP 2 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 075 styled Board of County Commissioners Collier County, Florida vs. Charles Hitchcock, Inc., McAIpine Briarwood, Inc., and Charles Hitchcock (Briarwood Golf & Practice Center) regarding violation to Section 3.3.11 of Ordinance 91-102, the Collier County Land Development Code. OB,]ECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-075 styled Board of County Commissioners Collier County, Florida vs. Charles Hitchcock, Inc., McApline Briarwood, Inc., and Charles Hitchcock (Briarwood Golf & Practice Center). CONSIDERATION: That on August 23, 2001 a public hearing was heard before the Code Enforcement Board regarding violations to Section 3.3.11 of Ordiance 91-102 of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of Eight Thousand Six Hundred Eighty Two Dollars and Twenty Cents ($8,682.20) for the prosecution, fines and operational costs incurred in this case was recorded in Official Record Book 2939 pages 1642 through 1676 on December 10, 2001, and an amended Lien was recorded in Official Records Book 3081 pages 0033 through 0061, Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 11, 2002 indicating compliance with the Order of the Board. On July 31, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. SEP 2 2002 GROWTH MANAGEMENT IMPACT: This request will have no impact on the ~ounty's Growth Management Plan. RECOMMENDATION:. That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~'~d~ Date: q ' {.t, - O 2.-- Shanelle Hilton REVIEWED BY: ~: ~ ~ ~-~ ~ Date: ~an~J Powers, Operations Manager SUBMITTED BY: ~,//~c~ __ ~ ~ Date: Michelle~~t Director APPROVED BY: ~. Schr/ni{t, ~dministr~or Date: ~,/~,//o ~,.~ SEP 2 ~ 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 3z[104 (239) 403-244O Prope~y Folio No. 0000024755002504 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: McAlpine: Briarwood, Inc. Charles W. Hitchcock McAlpine Briarwood, Inc. 5051 Radio Road (Briarwood Golf& Practice Center) C/O Shutts & Brown, Reg. Agent Naples, Florida 34104 464-1 Teryl Road 201 S. Biscayne Blvd. Naples, Florida 34112 Miami, Florida 33131 The Lien was recorded on December 10, 2001, in Official Record Book 2939 pages 1642 through 1676 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida and Amended Lien was recorded on July 30, 2002, in Official Record Book 3081, pages 0033 through 0034 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Eight Thousand Six Hundred Eighty Two Dollars and Twenty Cents ($8,682.20) and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Briarwood Plaza Tract "A" Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form an~~~~~egal sufficient/, -~L~e~ T. Chadwe]-I Assistant County Attorney SEP 2 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 037 styled Board of County Commissioners Collier County, Florida vs. Enrique Iglesias regarding violation of Sections 3.9.3 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-037 styled Board of County Commissioners, Collier County, Florida vs. Enrique Iglesias. CONSIDERATION: On May 24, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Section 3.9.3 of Ordiances No. 91-102 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien was recorded in the Official Records Book 2888 pages 1486 through 1491. An Order on Respondent's Request for Reduction of Fines/Liens was heard on March 28, 2002 and the fees were reduced to One Thousand One Hundred Fifty Five Dollars and Twenty Cents ($1,155.20) for the prosecution, fines and operational costs incurred in this case. Said Lien was recorded in Official Record Book 3012 pages 2583 through 2584, Collier County Florida. An Affidavit of Compliance has been filed bearing the date of March 8, 2002 indicating compliance with the Order of the Board. On July 22, 2002 the lien amount was paid in full. Therefore a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. SEP 2 2002 GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~:}~'~'" Date: t~/ht/°l' Shanelle Hilton REVIEWED BY: ~ -.,~ ~ ..... Date: Janet Powers, Operations Manager S~MI~ED BY: '(~'~~ Date: Michelle Arnold, C~nforcement Director eph K. Sc~mit~, Ahministrator SEP 2 2002 This instrument prepared by: lanet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-2440 Property Folio No. 0000041226080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Enrique Iglesias C/O 4525 Coral Palm #6 Naples, FL 34116 The Lien was recorded on August 31, 2001, Official Record Book 2885 page 1515 September 6, 2001 Official Record Book 2888 page 1486 and modified on April 4, 2002 in Official Record Book 3012 page 2583 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand One Hundred Fifty Five Dollars and Twenty Cents ($1,155.20) and imposes certain obligations against real property situated in Collier County, Florida, described as follows: The East 180' of Tract 67, Golden Gate Estates, Unit 86, according to the plat thereof recorded Plat Book 5 Page 23 of the Public Records of Collier County, Florida. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form y ~,n,egal sufficiency., ~, Ellen T. Chadwell c Assistant County Attorney $[:~ 2 ti 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 379 styled Board of County Commissioners Collier County, Florida vs. Charles and Joan Humphries regarding violation of Ordinances No. 99-51 of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-379 styled Board of County Commissioners Collier County, Florida vs. Charles and Joan Humphries. CONSIDERATION: On or about October 10, 2001 a public hearing was heard before the Code Enforcement Board regarding violation of Ordiance No. 99-51 of the Collier County Land Development Code. An Order Imposing Fine/Lien was recorded in the Official Records Book 2916 pages 2689 through 2690. On August 7, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT.' The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Date: ~ "~ ,-C>7.-- Shanelle Hilton REVIEWED BY: ~--"~___ . .,,,, ~ .... ~, Date: c4 - 6, - o ~ Jan~ po~vers~0perations Manager ~ell~ Arnold, Code t Director APPROVED BY: Date: ~.t/~t/t,~,,..__ [ SEP 2 2002 .,, This instrument prepared by: lanet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2A40 Property Folio No. 00000001207280004 SATISFACTION OF LIEN KNOW ALI. MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Charles C. Humphries Joan R. Humphries 1311 Alhambra Circle Coral Gables, Florida 33134 The Lien was recorded on October 31, 2001, in Official Record Book 2916 pages 2689 through 2690 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Four Hundred and Seventy Five Dollars and 00 Cents ($1,475.00) and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Lot 12, of Um'ecorded Plat of PLANTATION ISLAND, All Waterfront Mobile Home Sites, lying North of Half- Way Creek; from the North quarter corner of Section 24, Township 53, Range 29 East, Collier County, Florida, run South 0' 17' West 740.64 feet; thence North 86° 27' West 889.82 feet for a Point of Beginning. Thence South 3° 33' West 50 feet; thence North 86' 27' West 145 feet; thence North 3° 33; East 50 feet; thence South 86° 27' East 145 feet to the Point of Beginning. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Approved as to form and gal sufficienc Ellen T. Chadwell Assistant County Attorney SEP 2 q 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002- 005 styled Board of County Commissioners Collier County, Florida vs. Quail Crossing Property Owners Association regarding violation to Ordinance No. 91- 102, as amended of the Collier County Land Development Code. OBJECTIVE: To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2002-005 styled Board of County Commissioners Collier County, Florida vs. Quail Crossing Property Owners Association. CONSIDERATION: On May 23, 2002 a public hearing was heard before the Code Enforcement Board regarding violations to Ordiances No. 91-102 as amended, of the Collier County Land Development Code. --'"- An Order Imposing Costs/Lien in the amount of Five Hundred Seventy Four Dollars and Seventy Cents ($574.70) for the prosecution, fines and operational costs incurred in this case was recorded in Official Record Book 3052 pages 1967 through 1973, Collier County Florida and subsequently in Official Records Book 3077 pages 1312 through 1318, Collier County Florida. An Affidavit of Compliance has been filed bearing the date of April 19, 2002 indicating compliance with the Order of the Board. On August 16, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111 - 138911-649030. GROWTH MANAGEMENT IMPACT..:. This request will have no impact on the County's Growth Management Plan. RECO~NDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ~ Date: Shanelle Hilton REVIEWED BY: ~--~. -"~ 7'~-~-~ ~ Date:. Jan0et Powers, Operations Manager SUBMITTED BY: /~///f~'---~~'~ Date: Michelle Arnold, Code Enforcement Director APPROVED B y: ~_~..,.~'~~ Date: 'ff'/q/ ~ffeph K. Sch~n~itt, Adminis~ato SEP 2 q 2002 This instrument prepared by: Janet Powess, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 4O3-2440 Property Folio No. 0000068827500301 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF CO~.~.mR COUNTY, FLORIDA was the owner and holder of a certain Lien against: Quail Crossing Property Owners Assn. P.O. Box 420101 Naples, Florida 34101 The Lien was recorded on June 10, 2002, in Official Record Book 3052 pages 1967 through 1973 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida and a Lien was recorded on July 23, 2002, in Official Record Book 3077, pages 13.12 through 1318 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Five Hundred Seventy Four Dollars and Seventy Cents ($574.70) in fines and operational costs plus accrued interest, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: Pamel I (Drainage and Conservation Easement) of Quail Crossing, according to the plat thereof recorded in Plat Book 17, Page 3, Public Records 6f Collier County, Florida. ~-'~ollier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COl J.FRR COUNTY, FLORIDA By: JAMES N. COLETrA, CHAIRMAN Approved as to form a/~egal sutfficien~cy Ellen Chadwell SEP 2 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 061 styled Board of County Commissioners Collier County, Florida vs. A.L. Dougherty Co., Inc. regarding violation to Ordinance No. 91-102, as amended of the Collier County Land Development Code and violation to Ordinance No. 99- 51, of the Collier County Litter and Weed Ordinance. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-061 styled Board of County Commissioners Collier County, Florida vs. A.L. Dougherty Co., Inc. CONSIDERATION: On July 16, 2001 a public hearing was heard before the Code Enforcement Board regarding violations of Ordinance No. 91-102, as amended of the Collier County Land Development Code and violation to Ordinance No. 99-51, the Collier County Litter and Weed Ordinance. On March 16, 2002, the Respondent requested a modification to the Order to allow the payment of fines as an alternative to submittal of a mitigation plan and revegetation. The CEB modified the Order on April 25, 2002 to allow the added stipulation for abatement. The Respondent has paid $11,000.00 for mitigation. An Order Imposing Costs/Lien was imposed in the amount of One Thousand Two Hundred Dollars ($1,200.00) for fines was recorded in Official Record Book 3052 pages 1980 through 1990, Collier County Florida. An Affidavit of Compliance has been filed bearing the date of May 3, 2002 indicating compliance with the Order of the Board. On June 5, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Thirty-Four Dollars and Fifty Cents ($34.50). This cost will be paid by Code Enforcement 111- 138911-649030. AC.~..NDA I'rEM - SEP 2 4 2002 GROWTH MANAGEMENT IMPACT:.. This request will have no impact on the County's Growth Management Plan. RECOMMENDATION..' That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: ,~ ~3~) Date: Sh~e~le Hilton Janet Pg/wers, Operations Manager · ~rcement Director APPROVED BY: ~ Date: "t/"//,~_. ~eph K. Scl~m~tt, Administrator SEP 2 2002 This instrun~ent prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34104 (239) 403-2440 Property Folio No. 0000000155920006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF CO!-!.IE.R COUNTY, FLORIDA was the owner and holder of a certain Lien against: A.L. Dougherty Co. Inc. 2 E. Main Street Suite 200J, Towne Center Danville, IL 61832 The Lien was recorded on June 10, 2002, in Official Record Book 3052 page 1980 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Two Hundred Dollars and 00 Cents ($1,200.00) plus accraed interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: All that property set forth in Exhibit "A' that is attached hereto and consisting of 5 pages. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of .2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JA1VIES N. COLETTA, CHAIRMAN Approved as to form Ellen Chadwell SEP 2 2002 Beginning at the Northwest c6rner of Lot 10~ of Naples Crave and Truck Company's Little Farms No. 2, according to plat Plat Book 1, Page 27, Public Records of Collier County, Florida, THENCE S 89' 26' 40" East 536.81 feet to the POINT of BEGINNING, thence S 89' 26' 40" East 60.00 ~eet, thence S 0=09' 50" West, ~39.00 feet, ~hence N 89'27' 00" Nest 60.00 feet, thence N 09' 00" East ~39.00 feet to the Point of Beginning. Beginning at the Northwest corner o~ Lo: 100 of Naples Grove and Truck Company's Little Farms No. 2, according to plat in Plat Book I, Page 27, Public Records of Collier County, Florida, T~ENCE $ 89' 26' 40"East 596.81 feet to the POINT of B~GINNING, thence S 89' 26' 40"East 60.00 feet, thence S0~ 09' 50" West, ~39.00 fee~, thence N 69' 27' 00" West 60.00 feet, thence N 0~ 09' 00" EaSt 139.00 feet to the Point of Beginning Beginning at the Northwest corner of Lot 100 of Naples Grove and Truck Company's Little Farms No. 2, according to plat in P]~t Book ~, Page 27, Public Records of Collier Couoty, Florida, THENCE S 89' 26' 40" ~ast 656.81 ~eet to the POINT of BEGINNING, thence S 89" 26' 40" East 60.00 [eat, thence S 0° 09' 50" West, 139.00 fact, thence N 89" 27' 00" West 60.00 feet, thence N 0° 09' DO" East 139.00 feet to the Point of Beginning. · .. ' SEP 2 t':x hit)It A '£he Soulherly 548 feet nfn lracl of lurid lyin~ in Section ~, 'i'owl~S~ip q~ South, (shown in error n~ ~ 8fl°26'4O"W In ~.R B~k fl~, Page 235; O,E. Ii,ink ST, Page 439 IhE~uffh ~43; ~.N. ll~k 1~7, Paffe 8~2; O.H, Brink 218, Pnffe 48¢; hereinafler oiled as O~ficial Records3, along Ihs ~otllh line of ~nld Lot ~ and Ihs Weslerly pro]onffntion of enid Soulh line, Io~ ~76.71 feel, lo Jnlerseellon wilh nn n~eea Imunda~y line as ~eeo~ded in O.R. B~mk ~7, Pag~ ~3~ through ~47 (Surveyor'~ ~ote: Although O'.R. R~k 187, Pnffe 692 and ~,R. llook 218, i*affe 4a¢ indicate thai Ihs agreed boundary line i~ found In O,E, iJ~k 68, Pnge 235, Ihs bendings und dlalancea are in effecl those ~eelted in a exehanffeofquiiC.~in d~cd~ O.R. fl~k fl?, Paffos 4391hrough 1~7) of Ihs Public ~ecords o:'~c;~;~r Courtly, Florida; Ihence ~un N 29°31'40",~*. along a~eed boundary line, for 30~ feel; thence run N 3°B0'B0"W, a]ongsaid nffreed boundary linc, for 961,43 feel (shown In error as 961~.30 feat in theOfficia] Records); thence ~tm N~?°30'00"W, alonff said agreed bound~ line, fo~ 1397,99 feet (~hown In error as 1397.01 feet in Ihs Official Records); Ihence ~un N22°3]'Ofl"W, (~hown in error as N 22"3~'flO"W in Ihs Official Records), aionff said agreed bolinda~ line, for 944.72 feet; Ihenee run Norlh, niche said a~eed boundary line, for 9D.92 Io an inlcrncctlon wilh Ihs Wesler]y prolon~ati3n o~ the North line of Government Lot 3, said Section 8; Ihence run N 0°fla'E3"E (shown in e~ror ns North in the Official Recorfls~, for 429.82 feel; Ihence S 59°0n'00"E, For a15.68 feel, to inle~nection with said WesteTly prolongation ~f the North line of said Gove~nmeni l~t 3; thence ~un N 89°]2'20"E, elonff said Westerly prolongation and ~ong the .Norlh line of said ~nvernmenl l,ot 3. far ~907.a2 feel, la Ihs Norlhennl corner of said (;overnment I.o~ 3 thence run S B9°23'10''F, nlon~ the Easl line of said ~overnment [.o~ 3 find sai~ ~overnment I,ot 4, for 2744.30 fcnl. to the Poinl o~ Beginning. PARCEl, 2 The Northerly one-filth uf Ihs Souih 1/2 ~r Ihs North l/2 of Ihs Northeast ii4 of Seclion fl, Township 48 South, Ranffe 25 I.:nat. Collier County, Florida, exceptin~ lhe ref~om Ihs ~ighl-of-way of Slale Road S-8~SA: and of ~ parcel of l~nd lyin~ G~vernmenl Lois I ~nd 2 ~nd iund~ ~pp~rlen~nl Ihe~elo by ~e~Bon of ~cctelion ~nd/or ~eliellon in both Section ~ ~nd 8, Town~hip 48 Soulh, ~n~e ~5 ~oilie~ ~ounly, Florida, which t~c! or parcel ~8 described ~ follow~: ~rom the of said ~t ! for 660 feet, to Ihs Point ~f ~e~n~nE; thence ~un S 89°56"00"W, pa~,llel with Ihs North tine ofaatd So=ties 8, fo~ ~300 feet; ~hence run H 00~2~ parallel with ~ahl E~si line o~t 1, for 330 feet; thence run S 88°58'00'W, parallel with enid Norlh line of Section 8, for 153~.45 feel (~hown in e~ror 1535.09 fe~t in O ,R. a~k 167, Po~e 661 and O ,R. Book 218, Pa~e 484, he~eJnflfte~ el{ed fie Official i{ecord~, ~0 8 poinl on an a~eed boundary line, ss recorded in O.R, l~k 68, Pske8 235 Ih~oukh 250, of the Public Records of CoHle~ C{:un~, Florida; thence run S 52~30'00"W, 81on~said a~eedboundary line, fo~ 717.37 feel (~hown in orFo~as 718,78 feet In theOf~J~ Rflog~dx); ~henee~n ~ I~°00'O0"E, alone ~aJ<l o~roed boundary line, for J42~ feet; thence run S 59°00'00"I{, ~lonk eflld a¢roed h~undo~ line, for Jlaa.7~ f0ol, to s point on the Soulh. j,lfle of.[~ 2, of said Section A; Ihenco ~unN 89o]2'20"E, ~lonE~ald 5o~h line.fo~'lg07.A2 fee{',",. pnint of Inter[;ection R4A on Ibc nKreed I)oultd~lJ.y line aa (Je~crit](:d In the Pu~llt~ I{ecol',.~ of {'olli.r [:otlnty, Fiorld~, h~ O.R. II~k fiB, PxE[: 235; Ih~ 5si:Ih line ani~l Norlherly one-fiflh I)einK ni~r~ I)artictJi~riy deacribed ~s , ,IraiKhl ]h3e rt~n. nizi~ parallel Io, and dl.[,nt 057.35 foot 5ou~h. o~, Ihe NOrlh line of ~i~clion Township 48 ~obth, ltunge 25 i~.1, uxtc~3dlng from Ihu ~lale Road Right si W~y on :he E~ul Io'~ ~Ere~,{! tmt~ndnry line on the Wc.l, ~lJ{J uKreed I~t~nrh~ry PARC~;L 3 1'he Norlherly one-[i~th (bein~ more. portJcu]~iy deacribed by ~cc~rnte survey Ihe No,'ih 268 .~0 [eel) si the North l/2 of the North ]/2 si ~eetion 9, Town.hip Sou~h, I{a~ge 25 East, Collier County, Florida; ex~epting Hmr,:from lhe right. PA ~CEL 4 3'he Northerly one-ri~th (being more pnrticularly described by t~cct~rate aurvey Ihe Nu~-Ih ;5~'.31 [t-ul) o~lhe Norlhwest i/4. and Ihat porlion or the Sout[~west o~he ~oulhwe~l I/4 o[the Hortheust J/4 lying iVest otl].S. 4], and that portion Ihe North i/2 o[ Ihe ~nt~thwest ]/4 lying tYe~t or H.5. 4], an~] thnt portion of Ihe Northwest !/4'n~ the Northwest I/4 o(the Northwest 1/4 orlhe ~or~hwest ]/4 lhe ~outhe~.t I/4, }yin~ Wear or I, ,5. 41, all in Reclion ]0. 'rown~hip 48 ~ou~h, Ronge 2f~ Earl, (;oilier ~ounty, Florida. 'the Northwest I/4 si ~ectinn I~ in Townahip 4~ ~ou~h, Range 25 ~;nsl, Col"er County. Fh)~'iH~, ~.x~eptin~ Ihcre[rum the ri~h~-~r w~y tm- ~te i[oad~ 5-Re, SA PARC;El. ~; 'J'he N~)rtheriy o~e-ii[Ih (being more p~trtict~l.rly de~cr~b~ ~y nrcur~t{~ ~tarvey Ihe Nerlh 2G8.54 [~e~) ~f Ihe No,'th I/2 si Ihe Norlhea~l 1/4 of ~eclion ]~, Township PA RCI~L ~ The I:aal I/2 ~[ ihe Northeast i/4 of ~ectio~ 17. Town~htp 4~ ~o~th, RanEe 25 East, ('oilier Cm~ty, I.'lorid~, exceptin~ lhererrom the SmHhea.t !/4 o~ the ~outhen~t o[Ihe Northe~.t I/~ and exceptinK Iherefrnn~ Ih(r rJKht o~-wny of 5t~le Rond R-SGSA. I~A RCI{I. 8 ile~lnninK .1 Ihe ~ot~lhea.t co~ner o~ 5~ctlon !?, Town~hip 4R ~otl[~. R~nEe 25 ~eclion I1. Esr 2839.52 [eel lo ~n inl~oclion will) an n~reeH ~ndny liner ~ecorded tn (~.R. II~k 6~, P~K(t 235 H~ou~h 2~8 o[the Public Recor~h"~0JHb'r... .... · 'SEP iliong Haiti aKroo(] boundary IInO. for HI)C) f~.-el; them:~' r~Jn H .~)"Ofl'Gll"l¥ . J~ionK aAId aKraod boundary lim~. for 1480 Ieee; Ihonc~ run N 20°ll'tO"W. ,long. prolongation of Ihe Nort.~ line o[ amd ~ection 17; Ihnnca run ~ ~"24'4~"E i~: error ,. N 88°26'40"E In ~ho O~Hclul Record,). along ~uid Norlh line fur 344D.~1 feet. lo II1~ Nurthausl ~rnor orsald Section iT; Ihonce run S ~°2T'3~"~. the East line u[ said Section iT. for 260~.04 feel (~hown In error ab 2~89.35 f~et in tho ~[rlclnl R~cords). tn the East quarter corner: thence run ~ Cahown In error an S O°28'Ii0"W in tl:e Official Rncord~j, along the I{,HI lin(: of said Section 17, for 2584.85 feet, to Ihe Point of BgginninE: THEREF'IIOM{I) the I.;n~t !/2 of the Northeaul I/4 (2) lbo ~ortheaal 1/4 of the Southeunt i/.I, (3) tile Norlhausl 1;4 of the Southeast 1/4 of lb0 Southennt 114, nil in nejd Section I~; and excepting the right of way for State Road S-865A, and excepting that portion of the Southeast 1/4 of the Sot~theuel l/4oflho Southeae( 1/4 of Section lT. Tow~)ahip 48 South, Range 25 East, described aa follows: From the Northeast corner of the SouIhQaRI !/4 Of the Southeosl 1/4 of the fioutheaat 1/4 of said Section lT. rl)n S R~°53'la"W for 50 feet, Io the Point of Beginning; Ihenee run S 89053'I8''w. for 186.65 feel, to a point on Bulkhead Line as shown on plat thereof recorded in Bulkhead Line Plat Book I, Page 7, oC the Public Records of Collier Count, Florida; thence rut, S 41°ii'03"W for laa.10 feet, along said Bulkhead Line; thence rub S 0°06'42"E, for 120 feet: thence run N 89°fia'la"E, for 2~S.T2 feet, tn a point on the West Right-of-Way Line of Stale Road S-865A; thence run N 0°2~'OI}"W, for 220 feet, to the Point of Beginning. PARCEl. 9 That portion of the Northenst I/4 of the Southeanl 1/4 of fieetion IT. Township 4R South. Range 25 East, Collier Couzaty. Florida. described as fei}own: From o Point of Beginning at the Northwest corner of the Southeast 1/4 of the Southeast 1/4 of .~id Section I~, run N Rg°d0'55''E, for 560.24 feet. o]ong the North line of the ~outheuat I/4 of Ihe Southea$1 I/~ of said Section IT, to a point on the Iiulkhead I.Ine us shown on pint thereof recorded in Bulkhead Line Pint Book ). Pe~e 7, of the Public Itecord~ of Collier Co~Jnly. Florida: thence run N 0°26'OO"W. for 100 "' feet, Alon~ ~aid Ilulkhend I.iJle; thence run fi 89°4~'55"W. for 5~0.23 feet, Mong said i{ulkhend lane, Io n point on the West line of the Northeast 1/4 of the 5ot:theRst I/4 uf ueid Section 17; thence run S 0n25'41''E. for 1~0.~ Coat, to the Point of Beginning. PARCEl. ID Beginning at the Southe~tal corner of Section 18, 3ownshJp {S Soulh, l{ange 25 gaol. Collier County, Florida, run N 89°r~'Z0"W, along the South line of said Section 2~. for Z053.~5 feet; thence run N 0°]~'00"W, for ]B~8.gl reel; t~ence run N 5~°~3'52"W, for 3~9.3~ feet, to an interseetton with an agreed boundary line recorded in O.R. R~k ~8, Pagea 235 through 250, of the Public Reeorda of Collier County, Florida; Ihenen run N?~°I?'I0"E, alone said agreed boundary line, for ~,~0 feet; thence run N ~e5~'3O"W, alonff $ald agreed boundary line for feet (=hewn In error an 1~75.01 {eel In O.R, B~k 68, Page ~35); thence rrm N ~I5'~0"W, alonffnaid a~ead ~undary line, for 305.33 feet; thence run N 38e~'30"W, alonff enid aRreed boundary line for 88;.03 feel; thence run N ~lonR ~ald ~ffreed ~undary line for 3~3.3~ feet, to nn intersection with the Norlh Ilna of Section ~0; Ihenee run S age5~'~0"E, alone said North line for Z839.~ feet, lo the Norlhea~t corner of aald Section ~0; Ihenee,Fun'~'~'~$~?~, along the Ea.t llneofnald Section ~0, ~or 52;3,~0 feet (nhown in.~rror aa 5237.~4'~oet tn fi,R. l{~nk ~, [a~e ~3~} t~ lhe Point or Re~lnning;.,'exee~lJn~'l~$Pefrom t~ rights- I:RER(BT~i:F~ THAT :tht:~S a true '-¢,e, q 2002 ~; CIRCUIT C~ L ' ~.,. 610 No. I; !.ol. I. 2..~. Il and 10. Block I, Wlgl~lra ?,,a. Landln.. I/ntt .~1o. I. P,Jrauant Io PI.! Book l0 e! Page 44 ct the I'ubll¢ Recorda ct Collier County, :,. S'rATE c~ FLORIDAI STA'TE m- FLORIOA~ :!' ,-,n '~ POCUM£NIAR¥...-~L..~!_A_M._P l~?l [:] '° DOCUMLN. IAII.~...--~.';.,STAMP TAXI · ':.: ,:, :=.,,,.:, .:.;..-=--~ I o = .... " '"::='~:'" t : ' - ':'STATE o,:' FLORIDAI '"'STATE o~' FLO~IDA.I [,. DOCUM[hlTARI'.."'~:.~, -clAMP TAX I , '.',~ DOCUMEN'T/~R¥-~::=:.,, 5'IAMP T,~ I ........... ..... .... ,.,~.-~-,.-,-~,, ~ ... ._ -~s .~ ·--':~ ,,. ,, '-." ..~,:J'~s . 0 0 I : .-.': =,;~'~s . O-O.i 9 9 -4- EXECUTIVE SUMMARY WAIVE PURCHASING POLICY AND APPROVE LIMITED ENGAGEMENT OF MCLAUGHLIN TOURISM MANAGEMENT TO ASSIST STAFF IN DEVELOPMENT OF THE FY03 ADVERTISING/PROMOTION PLAN AND FACILITATING A JOINT WORKSHOP TO ESTABLISH GOALS AND PRIORITIES OF THE TOURISM MARKETING PROGRAM, NOT TO EXCEED $30,000, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL ~ To secure the services of McLaughlin Tourism Management, a tourism professional familiar with Collier County tourism efforts, to assist staff in the development of an Advertising/Promotion Plan for 2003 and holding a joint BCC/TDC workshop to establish goals and priorities regarding the County's tourism n~.rketing program. CONSIDERATIONS; In December 2001, CDES Operations staff assumed responsibility for the County's Tourism effort and has since provided staff support to the Tourist Development Council and the Board regarding tourism. After some seven months of active recruitment efforts, national advertising, application screening, and interviews, two employment offers for the position of Tourism Manager were made; both offers were declined. The last offer was a result of three interviews conducted in August. Recruitment efforts continue. The interview panel, consisting of TDC Member Jerry Thirion, CDES Administrator Schmitt, Museum Director Ron Jamro, CDES Operations Director Bleu Wallace, and CDES Finance/Housing Director Denny Baker discussed the possibility of engaging Ms. Elaine McLaughlin, CDME, of McLaughlin Tourism Management to assist staff after our recruitment efforts failed in August. On September 9, 2002, this subject was discussed at length by the Tourist Development Council. After review of the proposed Scope of Services and related costs, the Tourist Development Council voted unanimously (9-0) to recommend Board approval of Ms. McLaughlin as a sole source vendor for this engagement. The TDC also fully supports the scheduling of a tourism joint workshop of the TDC and the Board late in the year as a follow-up to a series of three tourism workshops Ms. McLaughlin held in the January- March 2002 timeframe. The following Scope of Services were developed by Ms. McLaughlin and staff: Review all recent research data to evaluate current and target markets. ·Evaluate current research and make recommendations on any additional research needed. · Review all advertising and collateral material (print/electronic). · Review the 2002 advertising marketing program. SEP 2 2002 Conduct a 4-5 hour strategy session with Research Data, KSR, and Phase V to review effectiveness of current programs and advertising strategy. · Examine County Budget to determine available resources for development of the 2003 advertising/marketing plan. · Work in consultation with KSIL Research Data, and CDES staffto develop a recommended advertising and marketing program for FY03. · Facilitate joint workshop with the TDC/BCC regarding measurable tourism goals. · Engagement to terminate December 31, 2002. · Terms: Total for Scope of Services: $25,000 plus pre-approved travel and per diem, not to exceed $30,000 for the entire engagement. FISCAL IMPACT:. Funds are budgeted in FY03 Tourist Development Tax Fund 194 to fund this "not to exceed" $30,000 engagement. GROWTH MANAGEMENT IMPACT: There is no anticipated impact on growth management. RECOMMENDATIOI~ That the Board waive Purchasing Policy and approve sole source engagemem of/l~,la~Laughlin Tottfism Management, Inc., not to exceed $30,000. Prepared by: ~~~t~'~ Date: ~~V''//69 ' ~ ~''~ D'. E. "Bleu" Wallace, Director, CDES Operations Reviewed by: ~~ d, Date: ~- Steve'L'~arnell, D~ector, Purchasing Department Approved bY--or Date: ~Yl/*l/a[ ~-- Jommumty Development & Environmental Services Division SEP 2 q 2002 Memorandum To: Gwen Butler, Purchasing Supervisor CC: Joseph K. Schmitt, Ad~/~a~or, CDES From: Bleu Wallace, Director ]~/ Date: September 10, 2002 Subject: Sole Source for Tourism Consultant Services Community Development & Environmental Services Division requires the services of a "tourism professional" to assist the CDES Operations staff in developing the FY03 Advertising/marketing plan and to conduct a joint Board/Tourist Developemt Council workshop regarding tourism goals for the County. On September 9, 2002, this subject was discussed at length by the Tourist Development Council. After review of the Scope of Services and related costs, the Tourist Development Council recommended Board approval of the sole source engagement of McLaughlin Tourism Management for these professional tourism services. Ms. Elaine McLaughlin, of McLaughlin Tourism Management, is familiar with Collier County's needs in this area. Since Ms. McLaughlin held tourism visionary workshops in January, February, and March this year, of which the BCC and TDC participated, her insight and experience would be beneficial in developing the FY03 Tourism Advertising/promotion plan and facilitating the joint workshop. In view of the above, and the fact that no ''tourism consulting firms" are listed in the local yellow pages, the engagemem for McLaughlin Tourism Management should qualify as sole source, in that the County will be well served by this~ngagement. Request approval of utilizing the unique services of McLaughlin Tourism Management. Operations Department SEP 2 2002 Community Development & Environmental Services Division APPROVE AMENDED 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDEN, EXTENDING EXPIRATION DATE FROM SEPTEMBER 30, 2002 TO SEPTEMBER 30, 2003, TO ALLOW FY02 SPECIAL MUSEUM GRANT FUNDS TO BE EXPENDED IN FY03, AS RECOMMENDED BY THE TOURIST DEVELOPMENT COUNCIL OBJECTIVE: Board approval of amendment to 2002 Tourism Agreement with Naples Botanical Garden, extending the expiration date to allow unspent FY02 Special Museum Gnmt funds to be robed over and utilized in FY03 until September 30, 2003. CONSIDERATIONS: Naples Botanical Garden received a Special Museum Grant for 2002, initially for $500,000, which amount was reduced in November 2001 to $377,400 in view oftbe projected Tourist Development Tax revenue shortfall. A provision of the agreement allows the grantee to request an extension of time, up to twelve months, to complete its Project with the consent of the Board of County Commissioners. On July 31, 2002, Naples Botanical Garden submitted its request for a 12-month extension of its 2002 Special Museum Grant until September 30, 2003. On September 9, 2002, the Tourist Development Council considered Naples Botanical Garden's request for a 12-month extension of its 2002 Tourism Agreement. The Tourist Development Council unanimously recommended Board approval of the request. FISCAL IMPACT: None. Unspent grant funds budgeted for FY02 will be rolled over and utilized by Naples Botanical Garden until expiration of the 2002 Tourism Agreement on September 30, 2003. The extension of this agreement will not affect the any other grant or agreement regarding Naples Botanical Garden. GROWTH MANAGEMENT IMPACT: There is no growth management impact. RECOMMENDATION: Approve Amended 2002 Tourism Agreement with Naples Botanical Garden, e~ding the agreement to September 30, 2003. Prepared by: .~~~--~/~' Date: I~. 1~. "Bleu" Wallace, Director, CDES Operations Reviewed by: ~~ ~, ~f~ Date: steve Ca/nell, l~tchasing Direct r Approved by~ Date: '~'//~1~---- ~./~OAff~_ ' '~ (~om~mt¥ Development & EnYkonmental Se~wices Division ' SEP 2 AMENDED 2002 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE NAPLES BOTANICAL GARDENS THIS AMENDED AGREEMENT, is made and entered into this day of ,2002, by and between the Naples Botanical Gardens, Inc., a Florida not-for-profit 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 of tourism in Collier County nationally and internationally, for thc promotion and advertising of activities or events intended to bring tourists to Collier County and, inter alia, to construct, extend, enlarge and improve museums owned and operated by not-for-profit organizations and open to the public; and WHEREAS, GRANTEE has applied to the Tourist Development Council and the County to use Tourist Development Tax funds to develop and implement thc Garden Preview Project; and WHEREAS, Thc Tourist Development Council has approved this request for funding with Tourist Development Tax proceeds; and WHEREAS, The Collier County Board of County Commissioners has approved the funding request of the GRANTEE; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: (a) In accordance with the authorized expenditures as set forth in the Budget of the GRANTEE, attached hereto as Exhibit "A", the GRANTEE shall develop and implement the Garden Preview Project, (hereinafter "the Project"). 2. PAYMENT: (a) The amount' to be paid under this Agreement shall be Three Hundred Seventy Seven Thousand Four Hundred ($377,400). The GRANTEE shall be paid in ~ .... ~A I~ SEP 2 2002 with fiscal procedures of the County for the expenditures incurred as described in Paragraph lherein upon submittal of invoices and upon verification that the services or work performed as described in the invoice(s) have been completed or that the goods have been received. Co) GRANTEE shall determine that the goods and services contracted for have been properly provided, and shall submit invoices to the County Manager or his designee for review. (c) The County Manager or his designee shall determine that the invoice payments are authorized and that the goods or services covered by such invoice[s] have been provided or performed in accordance with such authorization. The line item budget attached as Exhibit "A" shall constitute authorization for the expenditure[s] described in the invoice[s]. (d) All expenditures shall be made in conformity with this Agreement. (e) Each invoice submitted by GRANTEE shall be itemized in sufficient detail for audit thereof and shall be supported by copies of corresponding documentation such as vendor invoices and proof of receipt of the goods or performance of the services invoiced. (f) GRANTEE shall certify to the COUNTY in writing that all subcontractors and vendors have been paid for work and materials previously performed or received prior to receipt of any further payments. (g) The COUNTY shall not pay GRANTEE until the Ex-Officio Clerk of the Board of County Commissioners pre-audits all payment invoices in accordance with law. (h) GRANTEE shall be paid for its actual costs, not to exceed the total amount for any line item nor the maximum amount budgeted pursuant to the attached "Exhibit A". 3. ELIGIBLE EXPENDITURES: Only eligible the expenditures described in Paragraph one will be paid by COUNTY. Co) COUNTY agrees to pay eligible expenditures incurred between July 1, 2001 and the expiration of this agreement. lSEP2 2OOZ (c) 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. (d) COUNTY may request repayment of funds for a period of up to three years after termination of this Agreement or any extension or renewal thereof. 4. INSURANCE: (a) GRANTEE shall submit a Certificate of Insurance naming Collier County, and its Board of County Commissioners and the Tourist Development Council as additional insureds. (b) The certificate of insurance 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: BODILY INJURY LIABILITY $300,000 each claim per person PROPERTY DAMAGE LIABILITY $300,000 each claim per person PERSONAL IN~Y LIABILITY $300,000 each claim per person WORKER'S COMPENSATION AND EMPLOYER'S LIABILITY- Statutory (c) The Certificate of Insurance must be delivered to the County Administrator 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 of Insurance has been received by the COUNTY. 5. MONTHLY REPORTS: (a) GRANTEE shall provide to County monthly reports on the duties performed and services provided by GRANTEE, its vendors or subcontractors. (b) The report shall identify the amount spent, the duties performed, the services provided and the goods delivered during the preceding 30 days. 6. GRANTEE shall take reasonable measures to assure the continued satisfactory performance of all vendors and subcontractors. SEP 2 q 2002 3 7. CHOICE OF VENDORS AND FAIR DEALING: (a) GRANTEE may select vendors or subcontractors to provide services as described in Paragraph I. (b) COUNTY shall not be responsible for paying vendors and shall not be involved in the selection of subcontractors or vendors. (c) GRANTEE agrees to disclose any financial or other relationship between GRANTEE and any subcontractors or vendors, including, but not limited to, similar or related employees, agents, officers, directors and/or shareholders. (d) COUNTY may, in its discretion, object to the reasonableness of expenditures and require payment if invoices have been paid under this Agreement for unreasonable expenditures. The reasonableness of the expenditures shall be based on industry standards. 8. INDEMNIFICATION: (a) The GRANTEE shall hold harmless and defend the COUNTY, and its agents and employees, from any and all claims, 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 hereunder. This provision shall also pertain to any claims brought against the 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. The GRANTEE's obligation under this provision shall not be limited in any way by the contract price as shown in this Agreement or the GRANTEE's limit of or lack of, sufficient insurance protection. 9. 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: Ms. Sondra Quinn President/COE Naples Botanical Gardens 4820 Bayshore Drive, Suite D Naples, Florida 34112 SEP 2 q 2002 4 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: Administrator Community Development & Environmental Services Division 2800 N. Horseshoe Drive Naples, FL 34104 The GRANTEE and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this Section. 10. NO PARTNERSHIP: Nothing herein contained shall be construed as creating a partnership between the COUNTY and the GRANTEE, or its vendor or subcontractor, or to constitute the GRANTEE, or its vendor or subcontractor, as an agent or employee of the COUNTY. 1 l. COOPERATION: GRANTEE shall fully cooperate with the COUNTY in all matters pertaining to this agreement and shall provide all information and documantation requested by the COUNTY from time to time pertaining to the use of any funds provided hereunder. 12. TERMINATION: The COUNTY or the GRANTEE may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination specifying the effective date of termination. 13. If the COUNTY terminates this Agreement, the COUNTY will pay the GRANTEE for all expenditures or contractual obligations incurred by GRANTEE, with subcontractors and vendors, up to the effective date of the termination so long as such expenses are eligible. 14. If GRANTEE fails to complete the activity budgeted under paragraph one herein during the term of this agreement, GRANTEE shall repay to the COUNTY all funds expended by the COUNTY pursuant to this Agreement, unless the Board of County Commissioners determines that the incompleted activity was sufficiently performed to justify the use of tourist development tax funds, r_r, ^ x~-rm ........... , .... *~"~;"~ of SEP 2 q 2002 L-- 15. 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 must be recorded, and all expenditures must be incurred within the term of this Agreement. 16. AVAILABILITY OF RECORDS: GRANTEE shall maintain records, books, documents, papers and financial information pertaining to work performed under this Agreement for a period of three (3) yyears. 17. GRANTEE agrees that the COUNTY, or any of its duly author/zed 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 any transactions related to this Agreement. 18. 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. 19. TERM: This Agreement ~,~n ~, ...... cc~,; ..... T,,h, ~ -mr~ ~,~ shall remain effective for one additional year or beyond the initial 2002 date, or until September 30, 2002 2003. If the project is not completed within the term of this agreement, all unreleased funds shall be retained by the COUNTY consistent with the provisions of paragraphs thirteen (13) and fourteen (14) herein. Any extension of this agreement beyond the one year term in order to complete the Project must be at the express consent of the Collier County Board of County Commissioners. 20. The GRANTEE must request any extension of this term in writing at least thirty (30) days prior to the expiration of this Agreement, and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. 21. EVALUATION OF TOUR/SM IMPACT: GRANTEE shall monitor and evaluate the tourism impact of the Project, explaining how the tourism impact was evaluated, providing a written report to the County Administrator or his designee, along with a final budget analysis by November 30, 2002 2003. S£P 2 q 2002 .... 22. REQUIRED NOTATION: All promotional literature and media advertising must prominently list Collier County as one of the sponsors. 23. AMENDMENTS: This Agreement may only be amended by mutual written agreement of the parties, after review by the Collier County Tourist Development Council if warranted. IN WITNESS WHEREOF, the GRANTEE and COUNTY have respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: James Carter, Ph.D Chairman WITNESSES: GRANTEE: (1) NAPLES BOTANICAL GARDENS, INC. Printed/Typed Name (2) BY: Printed/Typed Name Printed/Typed Name Approved as to form and (corporate seal) legal sufficiency A~ssistant County Attorney SEP 2 q 2002 EXHIBIT "A" Naples Botanical Garden Garden Preview Project Budget Request Matchine Preview Gardens (1.5 acres) $127,400 $35,000 Florida Discovery Garden Children's Adventure Garden World Garden Room $100,000 $395,000 Completion (4,000 square feet) Laboratory Classrooms $100,000 $168,000 Renovation (3,200 square feet) Furnishing and Equipment $50,000 Classroom Total $377,400 $598,000 i SEP242002 I Naples Botanical Garden Garden Preview Project Budget Furnishings & Equipment Request Match Total $50,000 $50,000 Laboratory Classrooms Lab Tables/Chairs Grow Lab TV Monitor/VCR/Cable Connection Terrarium Rolling Cart Storage Cabinets Computers & Projector Overhead Projector Slide Projector Projector Screen Hand Lenses Microscopes Binoculars Potting Benches Digital Camera Image Scanner Hood Pots/Containers Painting Equipment Garden Tools: Garden Hose Wheel Barrel Tarps Refrigerator Trash Containers Office Furniture World Garden Room Chairs / Tables Transport Dollies Projector Screen Slide Projector Projector Carts TV Monitor/VCR/Cable Connection P.A. System Rolling Cart Folding Tables I~ [(.~ l [ I Planters (mobile) 1 SEP 2 Naples Botanical Garden Garden Preview Project Budget Laboratory Classrooms Request Match Total 3200 square feet $100,000 $168,000 $268,000 Categories of Work Interior Design Construction Drawings Permitting Construction Supervision Renovation: Carpentry Floor & Tile Walls & Doors Ceilings Ceiling Fans Shelving Cork Walls/White Erase Board Plumbing: Sinks Water Supply Vents Fire Protection: Fire Walls Fire Doors & Hardware Sprinklers Smoke & Heat Detection Fire Extinguishers Lighting & Electrical Painting/Decorating Partitions Window Treatment Signage Herbarium Cabinets Soil Bins/Storage Bins Dry Storage/Shelving SEP 2 ~ II Naples Botanical Garden Garden Preview Project Budget World Garden Room Request Match Total 4000 square feet $100,000 $395,000 $495,000 Categories of Work Interior Design Construction Drawings Permitting Construction Supervision Electrical Work Mechanical Work Water Features (pond & water fall) Renovation: Carpentry Pavers & Flooring Insulation Moisture Proofing Drywall Fire Proofing Plumbing: Ventilation and Air Conditioning Bathrooms Lighting & Fixtures Signage Grow Lights Equipment Storage Irrigation Painting/Decorating Event Preparation Area Planters Fire Protection: Fire Doors Hardware Smoke & Heat Detectors Extinguishers SEP 2 ~ 2002 11 12, Naples Botanical Garden Garden Preview Project Budget ,Request Match Total Preview Gardens (1.5 acres) $127,400 $35,000 $162,400 ,Categories of Work Garden Design Permitting Construction Supervision Infrastructure Site Development & Excavation Structures (shade & Lavatories) Fill & Soil Material Moving Trees & Plants Roadway & Paving Irrigation Water Security & Fencing Walks & Paths Plumbing Electrical & Lighting Plants & Trees, material Signage Planters & Containers Mechanical Drinking Fountains Garden Equipment Lawns H: Jackie/Tourist Development Tax/Naples Botanical Gardens/Tourism Agrmt 2002 AMENDED90902 ~I~}A I]'~l[ . S£P 2 q 2002 12 NAPLES july 31,2002 BOTANICAL D.E. "Bleu" Wallace Director, CDES Operations GARDEN Collier County Government 2800 North Horseshoe Drive Naples, FL 34104 Board of Direetors Dear Mr. Wallace: Linda G. White cna~,,~, Naples Botanical Garden respectfully requests a one-year extension of the Harvey Kapnick Fi~e CIuttrman TDC grant received July 1,2001 that was to be in effect until September 30, Richard H. Beason 2002. If the extension is granted, all funds will be spent by September 30, Treasurer Ca~exine K. Ware 2003. Secretary Directors The delay in the project is due to the need for unanticipated renovations to the Constance T. Alsbrook Garden's headquarters building that came to light in the design review process. 3orothy B. Beckwith Specifically, before moving forward with constructing the Florida Discovery Patricia H. Buehler Garden, the roof of the building must be replaced. William Jack Crocker Jan N. Eschauzier Leslie K.S. Fogg Once again, we very much appreciate the TDC and the Board of Collier James A. LaGrippe County Commissioners' support of Naples Botanical Garden and thank you for L. Bates Lea considering this request to extend the term of the grant. Edwin J. Putzell Juliet C. Sproul Please do not hesitate to contact me if you need additional information. Julian L.H. Stokes Sondra Quinn ~ PresMent and CEO President/CEO Y'his project is s~onsored m pan b),the ~tate of Florida ~ ~e " of ~ate. D~st~ of Cultural ~ffatrs, ~ the FIo~ ~ C~. Colher Co~ md t~ ~mmt Co~l. 48~ Ba~ore D~ve ~e ~9~3.7275 emad '~arde~ Napl~ ~11~7337 /m ~9~9.7~ .~w. a ,i~n.o~ 1~ 0 OFFICE OF THE CO UNTYATTORNEY INTEROFFICE MEMORANDUM TO: Thomas B. Nohl, Senior Management-Budget Analyst FROM: Jacqueline Hubbard Robinson~-~ DATE: August 22, 2002 RE: RLS# 02080737-Naples Botanical Garden Query: Please advise whether Naples Botanical Garden's "one year extension" request is legally permissible. If permissible, what must staff do, with respect to the Tourist Development Council and the Board of County Commissioners, to carryforward this request by Naples Botanical Gardens? Answer: It should be presented to the Tourist Development Council [TDC] for a recommendation to the Collier County Board of County Commissioners. The Board of County Commissioners may then approve the contract assuming the funding is still available. Tiffs matter should be presented to the Board of County Commissioners prior to the agreement's expiration date. Cc: David C. Weigel, County Attomey Ramiro Mafialich, Chief Assistant Co-~nty Attorney Joseph Schmitt, Achninistrator, CDES H: Jackie/Naples Botanical Gardeus/Memo to Thomas Nohl SEP 2 2002 EXECUTIVE SUMMARY REPORT TO THE BOARD OF COUNTY COMMISSIONERS ON THE STATUS ........ '" '~"'~ ~OR PREPARATION OF AN INTERLOCAL ORK PLAN ANU ~.,n=~.,u,-.~ w om . cou. sc.oo so^.o AGREEMENT WITH__TI'I.E._C_( .... ""'""'~L PLANNING AS REQUIRED BY COORDINATED LAND U~I:: ,~u CHAPTER 2002-296 LAWS OF FLORIDA. ~ To apprise the Board on the initiation of a joint project between County and Collier County School Board staff to prepare an interlocal agreement to meet the requirements of Chapter 2002-296 L.O.F. BACKGROUND: The 2002 Florida Legislature enacted Chapter 2002-296 L.O.F., which became effective on May 31, 2002. The legislation requires that school boards and local governments enter into an interlocal agreement which addresses school siting, enrollment forecasting, school capacity, infrastructure and safety needs of schools through a continuous joint planning and information sharing process. The minimum requirements for the interlocal agreement are: 1. Process by which local government and board agree on projections of population and student enrollment. 2. Process to coordinate and share information relating to existing and planned schools, renovations, closures, and local government plans for development and redevelopment. 3. Process for participation of local governments in district decisions evaluating closures, renovations, and new sites before acquisition. 4. Process for determining need for onsite and offsite improvements to support district projects. 5. Process for reporting capacity based on facilities work plan. 6. Process for participation of local government in the annual update to the 5 year district facilities work plan and the educational plant survey. 7.Process for determining when and how joint use of school or local government facilities can be shared for mutual benefit and efficiency. 8. Process for resolution of disputes. "-' 9. Identification of an oversight process including an opportunity for pub] :c AGENDA ~TEM participation for implementation of the interlocal agreement. SEP 2 q 2002 1 Additionally, Chapter 2002-296 L.O.F. provides for the inclusion of a school board designated non-voting representative on the Collier County Planning Commission and the appointment of a school board member to the Southwest Florida Regional Planning Council (SWFRPC). CONSIDERATION: The Department of Community Affairs (DCA) sponsored a forum for representatives of~ocal governments and school boards at the SWFRPC on August 21, 2002. The DCA schedule for adoption by the BCC and Collier County School Board of the mandated interlocal agreement to implement Chapter 202-296 L.O.F. is March 1, 2003. County staff met with Collier County School Board staff and the staff representatives of the Cities of Naples, Marco and Everglades City in a Breakout Session at the SWFRPC on August 21, 2002 to initiate a cooperative process for drafting an interlocal agreement for adoption by the respective boards and councils. Staff agreed to communicate the following to the respective boards and councils: 1. Recommend that Collier County Public Schools be designated as the lead agency for interlocal agreement process. 2. Recommend that the respective boards and councils endeavor to achieve a single unified interlocal 'agreement for Collier County. 3. Staff of the respective boards and councils will meet in September 2002 to review an initial draft interlocal agreement prepared by the Collier County Public Schools staff. 4. Staff will present a proposed draft interlocal agreement for review to the respective boards and councils in October 2002 (BCC on October 22, 2002). 5. Transmit proposed interlocal agreement(s) to DCA for review by January 1, 2003. 6. Recommend interlocal agreement(s) for adoption by the respective boards and councils by March 1, 2003. FISCAL IMPACT: The adoption of an interlocal agreement with the Collier County School Board by the BCC, which meets the requirements of Chapter 2002-296 L.O.F., has no direct fiscal impact. Chapter 2002-296 L.O.F. provides for financial sanctions against local governments and school boards in the event that an interlocal agreement is not adopted on schedule (March 1, 2003 for Collier County). GROWTH MANAGEMENT IMPACT: The adoption of an interlocal agreement with the Collier County School Board, as provided for in Chapter 2002-296 L.O.F., w. 1 nord~rr~. facilitate the coordination of the implementation of the Collier County Growth I~~ SEP 2 q 2002 Management Plan with the planning and siting of school facilities and supporting infrastructure. RECOMMENDATION: That the Board endorse the continued interaction and cooperation of County staff with the staff of the Collier County School Board and cities of Marco, Naples and Everglades City in drafting an interlocal agreement per Chapter 2002-296 L.O.F., for adoption by the BCC, School Board and respective City councils. SUBM1TTEDBY: r~~ate: ~-.~0---¢/'''~2'''~ S~AN LITSINGEI~, AICP ' ,,-': CC~MPREHENS~ PLANNING MANAGER PLANNI~YG SERVICE~, DIRECTOR APPROVED BY: ~'"'~*'*'~-'~-~~ Date: /JC~EPH K. ~I~NfITT, / '! / ~OMMUNrrY DEVELOPMENT & ENVIRONMENTAL L/SERVICES ADMINISTRATOR .... Mk/fAcompplan/stanl/executivesummary ~ [(.a ~] /r'~ SEP 2 2002 EXECUTIVE SUMMARy Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 1999- 069 styled Board of County Commissioners Collier County, Florida vs. Dale Horbal and Cheryl Horbal regarding violation of Section 3.9.6.6.6 of Ordinance No. 91-102, as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 1999-069 styled Board of County Commissioners Collier County, Florida vs. Dale Horbal and Cheryl Horbal. CONSIDERATION: On January 27, 2000 a public hearing was heard before the Code Enforcement Board regarding violation of Section 3.9.6.6.6 of Ordiance No. 91-102 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of Nine Hundred Fity Dollars and Thirty Five Cents ($950.35) for the prosecution, fines and operational costs incurred in this case was recorded in Official Record Book 2740 pages 0577, et. seq., and modified by Code Enforcement Board Order on Respondents' Request for Waiver of Fine/Lien dated October 2, 2001 and recorded at Official Record Book 2902, Page 2314, et. seq. of the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 10, 2001 indicating compliance with the Order of the Code Enforcement Board. The lien amount has been paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. ~a~.NOA.ITF. M SEP 2 2002 GROWTH MANAGEMENT IMPACT~ This request will have no impact on the County's Growth Management Plan. RECOMMENDATION..~. That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: .~_~'L~ Date: 7'~ ,,~2_ Shanelle Hilton REVIEWED BY: ~/~ --~ ~ ~ Date:. ~ 'a ~ '~ Janet Powers, Operations Manager Michelle Arnold, Code ~mforcement Director ~ph K. Scl'r(n~tt, Administrator SEP 2 2002 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2aAO SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Nine Hundred Fifty and 35/100 Dollars ($950.35)· arising out of the Code Enforcement Board Order Imposing Fine/Lien dated November 1, 2000, recorded in O.R. Book 2740· Pages 0557, et. seq., and modified by Code Enforcement Board Order on Respondents' Request for Wavier of Fine/Lien dated October 2, 2001, and recorded at Official Record Book 2902, Page 2314, et seq., of the Public Records of Collier County, Florida, against the following described real property, and all other real and personal property, located in Collier County, which is owned by Dale Horbal and Cheryl Horbal has been satisfied in full. LONGSHORE LAKE UNIT ONE, Block B, Lot 7 Folio No. 56100960007 The undersigned is authorized to and does hereby release this lien as to the whole of the above-described real property, and all other real and personal property owned by Dale Horbal and Cheryl Horbal, and consents to this lien being discharged of record. Dated this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk CO!.IJER COUNTY, FLORIDA By: · Deputy Clerk James N. Coletta, Chairman Approved as to form ~ ~~llele~alc~af~~iel1 cy: Assistant County Attorney ~. ~_L~._~r~ SEP 2 4 2002 EXECUTIVE SUMMARY Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2001- 023 styled Board of County Commissioners Collier County, Florida vs. Terry Arce regarding violation of Sections 3.9.3 of Ordinances No. 91-102, as amended of the Collier County Land Development Code. ~ To approve and authorize the Satisfaction of Lien in Code Enforcement Board Case No. 2001-023 styled Board of County Commissioners Collier County, Florida vs. Terry Arce. CONSIDERATION.'. On April 26, 2001 a public heating was heard before the Code Enforcement Board regarding violation of Section 3.9.3 of Ordiances No. 91-102 as amended, of the Collier County Land Development Code. An Order Imposing Costs/Lien in the amount of One Thousand Nine Hundred Fifty Five Dollars and Ten Cents ($1,955.10) for the prosecution, fines and operational costs incurred in this case. Said Lien was recorded in Official Record Book 2888 pages 1499 through 1504, in the Public Records of Collier County Florida. An Affidavit of Compliance has been filed bearing the date of September 27, 2002 indicating compliance with the Order of the Code Enforcement Board. On May 17, 2002 the lien amount was paid in full. Therefore, a Satisfaction of Lien is in order as all requirements have been met in this case. FISCAL IMPACT: The fiscal impact related to recording in the amount of Seven Dollars ($7.00). This cost will be paid by Code Enforcement 111-138911-649030. SEP 2 20O2 GROWTH MANAGEMENT IMPACT:, This request will have no impact on the County's Growth Management Plan· RECOMM~NDATION: That the Board of County Commissioners approve the Satisfaction of Lien in the above referenced cause and authorize its execution and recordation in the Public Records of Collier County, Florida. PREPARED BY: 6 ~'~ Date:~' ~" ~ Shanelle Hilton REVIEWED BY: ~_~-_ "a ~.~ Date: cl -~ - o ~ janet0Powers, Operations Manager SUBMITFED BY: Date: 5 '7 -c 2_ Michelle Arnold, Code Ei:fforcement Director APPROVED BY' ~'----~--'r~'~--~~ Date: qA//~.~-- · Sch~i'tt, Admirl~rator ~,r~oA rWr. M SEP 2 2002 This instrument prepared by~ Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403-244O Property Folio No. 0000037062260000 SATISFACTION OF LIEN KNOW AIJL MEN BY TFIESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Terry Arce 1321 Golden Gate Blvd. W. Naples, FL 34120 The Lien was recorded on August 31, 2001, Official Record Book 2885 page 1528 and September 6, 2001 Official Record Book 2888 page 1499 and December 10, 2001 in Official Record Book 2939 page 1677 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Nine Hundred Fifty Five Dollars and 10 Cents ($1,955.10) and imposes certain obligations against real property situated in Collier County, Florida, described as follows: The East 1/2 of Tract 36, Golden Gate Estates, Unit 10, according to the plat thereof recorded Plat Book 4 Page 101 of the Public Records of Collier County, Florida. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETrA, CHAIRMAN Approved as to form  //~,,legal sufficien[y .Jl~en T. Ch~dwell hOfaNDA ITl~ Assistant County Attorney I~ ](.P~ [~ SEP 2 q 2002 EXECUTIVE SUMMARY APPROVE 2003 TOURISM AGREEMENT WITH MARCO ISLAND HISTORICAL SOCIETY FOR TOURIST DEVELOPMENT SPECIAL MUSEUM GRANT OF $2S,000 OBJECTIVE: Board approval of the 2003 Tourism Agreement with Marco Island Historical Society acknowledging the $25,000 Tourist Development Special Museum Grant approved by the Board in June 2002. CONSIDERATIONS.: On April 15, 2002, the TDC considered the Tourist Development Special Museum grant application for FY03 from Marco Island Historical Society in the amount of $25,000 for the architectural design, artist rendering of a floor plan, and preparation of a scale model of the proposed Marco Island Historical Museum of Collier County. Upon presentation and discussion, TDC voted (8-1), TDC Chairman Coletta dissenting, to recommend Board denial of the grant applieatior~ On May 28, 2002, the Board of County Commissioners considered the FY03 Special Museum Grant application and TDC recommendation recommending denial. A~er a lengthy discussion, thc Board approved the FY03 Special Museum Grant in the amount of $25,000. The proposed agreement provides for the reimbursement of allowable expenditures under the grant and remains in effect from October 1, 2002 through September 30, 2003. FISCAL IMPACT: Funds are budgeted in FY03 Tourist Development Tax Fund 193 to fund this $25,000 grant. GROWTH MANAGEMENT IMPACT.:.. There is no growth management impact regarding this action. RECOMMENDATION: Board of County Commissioners approve 2003 Tourism Agreement with Marco Island Historical Society and authorize the Chairman to sign the agreement. D E "Bleu Wa'l~face, Director CDES Operations Department Steve CArnell, I~'urchasing Director Purchasing Department APPROVED BY: DATE: ,,]'>1/O~-.-~ ~~ mmunity Development & Environmental Services Division Sg'P 2 ti 2002 2003 TOURISM AGREEMENT BETWEEN COLLIER COUNTY AND THE MARCO ISLAND HISTORICAL SOCIETY, INC. FOR ACQUISITION AND DEVELOPMENT TI-HS AGREEMENT, is made and entered into this day of ,2002, by and between the Marco Island Historical Society, Inc., a Florida not for profit corporation, hereinafter referred to as "HISTORICAL SOCIETY" and Collier County, a political subdivision of the State of Florida, hereinaRer referred to as "COUNTY". WHEREAS, the COUNTY has adopted a Tourist Development Plan (hereinafter referred to as "Plan") funded by proceeds fi.om 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 development of museums of Collier County and. for the promotion and advertising of activities and certain special events intended to bring tourists to Collier County; and WHEREAS, the COUNTY may use Tourist Development Tax funds for museums of Collier County in general and the advertising, promotion and holding of special events in Collier County in particular during the months of May through November nationally and internationally; and WHEREAS, the COUNTY desires to fund the proposed acquisition and development of the Marco Island Historical Museum of Collier County pursuant to this Agreement with the advice of the Tourism Alliance of Collier County; and NOW, THEREFORE, BASED UPON THE MUTUAL COVENANTS AND PREMISES PROVIDED HEREIN, AND OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS: 1. SCOPE OF WORK: "HISTORICAL SOCIETY" shall be the recipiem of a grant in the amount of Twenty-Five Thousand Dollars [$25,000.00] to be used for: a. Architectural Design; b. Artist rendering/Floor Plan; c. Preparation ora Scale model of the proposed Marco Island Historical Museum of Collier County. SEP 2 2002 The "HISTORICAL SOCIETY" shall provide matching funds in the amount of Five- Thousand Dollars [$5,000.00], said funds to be available at the time of the receipt of the initial funding of the Grant. 2. The County Manager or his designee shall determine that the invoice payments are authorized and the goods or services covered by such invoice(s) have been provided or performed in accordance with such authorization. 3. CHOICE OF VENDORS AND FAIR DEALING: "HISTORICAL SOCIETY'' may recommend vendors or subcontractors to provide services as described in paragraph one [1] herein. 4. COUNTY shall be responsible for paying vendors and shall select all subcontractors and vendors. 5. NOTICES: All notices from the COUNTY to the "HISTORICAL SOCIETY" shall be in writing and deemed duly served if mailed by registered or certified mail the following address: William Tyson, Director Marco Island Historical Society, Inc. P.O. Box 2282 Marco Island, Florida 34146 All notices from "HISTORICAL SOCIETY'' to the COUNTY shall be in writing and deemed duly served if mailed by registered or certified mail to the COUNTY to: Administrator Community Development & Environmental Services Division 2800 North Horseshoe Drive Naples, Florida 34112 The "HISTORICAL SOCIETY'' and the COUNTY may change the above mailing addresses at any time upon giving the other party written notification pursuant to this section- 6. NO PARTNERSHIP: Nothing herein contained shall he construed as creating a partnership between the COUNTY and the "HISTORICAL SOCIETY'', or any vendor or subcontractor of the "HISTORICAL SOCIETY'', as an agent or employee of th{ COUNTY. ~ i~/~ ' SEP 2 q 2002 7. COOPERATION: "HISTORICAL SOCIETY'' shall fully cooperate with the COUNTY in all matters pertaining to this agreement and provide all information and documems as requested by the County from time to time. Failure to cooperate, as interpreted by the COUNTY, shall constitute grounds for the COUNTY to impose sanctions that may not result in termination of this agreement. 8. TERMINATION: The COUNTY or the "HISTORICAL SOCIETY" may cancel this Agreement with or without cause by giving 30 days advance written notice of such termination and specifying the effective date of termination- 9. AVAILABILITY OF RECORDS: The "HISTORICAL SOCIETY" shall maintain all records, books, documents, papers and financial information pertaining to work performed under this Agreement. "HISTORICAL SOCIETY" 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 "HISTORICAL SOCIETY" involving transactions related to this Agreement. 10. PROHIBITION OF ASSIGNMENT: "HISTORICAL SOCIETY" shall not assign, convey, or transfer in whole or in part its interest in this Agreement without the prior written consem of the COUNTY. 11. .TERM: This Agreement shall become effective on October 1, 2002 and shall terminate on September 30, 2003. 12. "HISTORICAL SOCIETY" shall request an extension of this Agreement in writing at least thirty [30] days prior to the expiration date and the COUNTY may agree by amendment to this Agreement to extend the term for an additional one year. Any funds not used by "HISTORICAL SOCIETY" during the term of this Agreement and any extension thereto shall be returned to the County and made available for future applicants. 13. The COUNTY shall be the owner of and in possession of the originals of all intellectual property created or furnished pursuant to this agreement, including, but not limited to drawings, paintings, photography, film, video, and printed documems, unless specifically exempted by the COUNTY. t~a~a~.. · ~rraa ~ SEP 2 ~ 2002 14. The COUNTY, pursuant to the policies and procedures of the COUNTY, shall execute and be party to all contracts involving funds from the COUNTY. No contracts involving COUNTY fimds shall be executed in the name of the "HISTORICAL SOCIETY". 15. AMENDMENTS: This Agreemem may only be amended by mutual agreement of the parties and after recommendation by the Tourist Development Council. IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an authorized person or agem, hereunder set their hands and seals on the date and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk JAMES N. COLETTA, Chairman WITNESSES: GRANTEE: MARCO ISLAND HISTORICAL SOCIETY, INC., COLLIER COUNTY (1) By: Printed/Typed Name Printed/Typed Name (2). Printed/Typed Title Printed/Typed Name Approved as to form and legal sufficiency: J .~e~ine Hubt~'~ Robinson ~sistint County Attorney H: Jnckie/Touris~ Development Tax/2002 Tourism A~nnt-Marco lfland Historical Society SEP 2 5 4 EXECUTIVE SUMMARY CODE ENFORCEMENT LIEN RESOLUTION APPROVALS For the Board of County Commissioners to adopt separate Resolutions assessing separate liens against certain parcels identified in the Resolutions in order to recover public funds expended to affect the abatement of public nuisances at such locations, all as provided for in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, the Collier County Litter, Weed and Exotics Control Ordinance. CONSIDERATIONS: Ordinance No. 99-51, as successor to Ordinance No. 91-47, as amended, mandates thc Board to impose a lien against property when an invoice to recover public funds expended to affect the abatement of a public nuisance is not paid at the expiration of twenty (20) days of the date of the notice. The following property owner's have not remitted the invoiced amounts. Lien ~-'"~, Case No. Owner of Record Case Summary Amount a.Violation determined 05/23/02 b. Notice of Violation served 05/28/02 2002051087 Comerica Bank c.Notice of Violation Posted 07/15/02 $255.0G al.Unabated nuisance verified 07/29/02 e.Nuisance abated with public funds 08/01/02 f. Owner invoiced for costs 08/09/02 a. Violation determined 06/21/02 b.Notice of Violation served n/a 2002060802 Dominguez, John c.Notice of Violation Posted ,06/21/02 $255.0( d.Unabated nuisance verified 07/03/02 e.Nuisance abated with public funds 07/15/02 f. Owner invoiced for costs 07/25/02 a. Violation determined 04/22/02 b.Notice of Violation served 04/26/02 2002040733 Enei ,V. & Laura S. c.Notice of Violation Posted n/a $800.0' d. Unabated nuisance verified 06/21/02 e.Nuisance abated with public funds 07/23/02 f. Owner invoiced for costs 07/25/02 SEP 2 q 2002 n. I a.Violation determined 04/08/02 b.Notice of Violation served unclaimed 2002040383 Fontana, Anthony & Divina c.Notice of Violation Posted 05/10/02 $1,000.00 d. Unabated nuisance verified 05/29/02 e.Nuisance abated with public funds 06/21/02 f. Owner invoiced for costs 07/01/02 a. Violation determined 10/11/01 b.Notice of Violation served 10/12/01 2001100533 Galloway, Barbara L. c.Notice of Violation Posted 02/04/02 $9,833.00 d.Unabated nuisance verified 06/05/02 e.Nuisance abated with public funds 06/20/02 f. Owner invoiced for costs 07/31/02 a. Violation determined '0/11/01 b.Notice of Violation served 10/12/01 2001100534 Galloway, Barbara L. c.Notice of Violation Posted 03/19/02 $1,862.00 d. Unabated nuisance verified 06/05/02 e.Nuisance abated with public funds 06/20/02 f. Owner invoiced for costs 07/31/02 ~.Violation determined 03/07/02 b.Notice of Violation served 03/13/02 2002030321 Hall, Alida Victor c.Notice of Violation Posted n/a $2,150.00 d. Unabated nuisance verified 06/13/02 e.Nuisance abated with public funds 07/11/02 f. Owner invoiced for costs 07/22/02 a.Violation determined 06/13/02 b.Notice of Violation served n/a 2002060305 J M K Industries Inc. c.Notice of Violation Posted 06/13/02 $255.00 d. Unabated nuisance verified 06/24/02 e.Nuisance abated with public funds 06/27/02 f. Owner invoiced for costs 07/01/02 a. Violation determined 05/10/02 b.Notice of Violation served unclaimed 2002050479 Mortgage Electronic c.Notice of Violation Posted 07/16/02 $480.00 Registration d.Unabated nuisance verified 07/31/02 e.Nuisance abated with public funds 08/05/02 f. Owner invoiced for costs 08/08/02 a.Violation determined 06/18/02 b.Notice of Violation served 06/28/02 2002060793 Parra, Armando, Saiz, c.Notice of Violation Posted n/a $255.00 Dariel, & Fernandez, d. Unabated nuisance verified 07/16/02 Mariam e.Nuisance abated with public funds 07/20/02 f. Owner invoiced for costs 08 SEP 2 q 2002 Upon the Board's adoption of the Resolutions, copies of such and the Legal Notices of Assessment will be mailed to the respective property owners. If the property owners fail to pay the amounts specified in the respective Resolutions within twenty (20) days hereof, the Clerk to the Board will record the Resolutions in the official records of the County. FISCAL IMPACT:. A total reimbursement of $17,145.00 may be anticipated by voluntary action or foreclosure. The only expense projected to be incurred by the County is the cost of recording the Liens, which is estimated to be approximately $12.50 per lien, totaling $125.00, which is budgeted and available in the current fiscal year Code Enforcement budget. GROWTH MANAGEMENT IMPACT: This request will have no impact on the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolutions. pREPARED BY: .0~.r>.rxxck.' ¥¥lC~Ck~.'~ DATE: q' 5-f5o5' Iliana Martinez, Customer Service Spe i~list Code Enforcement REVIEWED BY: ~/~,~_._ ~_.~ ,,7~.~_.~_~---~ DATE: ~a~et Powers, Operations Manager Code Enforcement SUBMrYI'ED BY: Michelle Edwards Arnold, Director Code Enforcement APPROVED BY: /,~o]eph~I~S--cfin/fi:tt, Administrato ~ / (.P ~ ~-' ~C/6mmunity Development & Environmental Services SEP 2 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN COMERICA BANK DATE: ATTN: ACCOUNTS PAYABLE 500 WOODWARD AVE DETROIT, MI 48226 REF. INV.# 2167 FOLIO #: 36449960005 LIEN NUMBER: LEGAL DESCRIPTION: Lot 1, Block 256, Golden Gate, Unit 7, according to plat thereof of record in Plat Book 5, Pages 135 through 146, of the Public Records of Collier Count)', Florida You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 1, and constituted a violation of count> regulations on Jul)' 29, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: V~'EEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance: whereupon. ~t was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of Count)' Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAl' THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. t RESOLUTION NO. 2002-__ 2 3 A RESOLLrTION OF THE BOARD OF COUNrI'Y 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 1o 11 WI-I~REAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on th~ date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY. FLORIDA, that lot(s) I of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: COMERICA BANK 31 32 LEGAL DESCRIPTION: Lot 1, Block 256, Golden Gate, Unit 7, according to plat thereof of 33 record in Plat Book 5. Pages 135 through 146, of the Public Records of Collier Count,',', Florida 34 35 COST: $255.00 REFERENCE#: 2167 FOLIO #: 36449960005 36 37 The Clerk shall /by regular U.S. mail) mail a cop.',.' of this Resolution along with the 38 Notice of Assessment of Lien to the owner(s) of the above-described property. If within mentx (20) 39 days of the date of mailing that copy. lhe owner fails to deliver payment in full to Collier Count>'. the 40 Re'solution and Notice of Assessment shall be recorded in the official records of Collier County. and 41 by recordine shall constitute a lien against the above-described real proper/5, and to the exten~ 42 ailowed by ~-aw, shall also be a lien upon all other real and/or personal property o~vned by the noted 43 property owner(s) in Collier County. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of _, 2002. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA 50 51 52 BY: BY: 53 Deputy Clerk James N. Cole//a, Chairman 54 55 Approved as to form and 56 legal sufficiency: 59 Thomas . Palmer, Assi~t;~nt County Attorney 60 ol SEP 2 4 2002 ~: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN DOMINGUEZ, JULIO DATE: 74 ASHLEY ST BRIDGEPORT, CT 66101617 REF. 1NV.# 2156 FOLIO #: 36247840000 LIEN NUMBER: LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat thereof recorded in Plat Book 5, Page 122 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 8, and constituted a violation of county regulations on July 3, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited bv Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: ....... WEEDS: ACCLrMULATION OF WEEDS, GRASS, OR OTItER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. You have failed to timely abate such nuisance: whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FI\'E ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HI .~DRED FIFTY-Fi\'E ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count?, Florida, shall become a lien on your property when recorded after approval by the Board FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE M.-~Y RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. SEP 2 q 2002 F: LIENS! MS'IR LNAL I RESOLUTION NO. 2002- 2 3 A RESOLL~FION OF THE BOARD OF COUNTY a COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, g AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED lO 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47. 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20~ 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 8 of the property described as 2'7 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s~ 28 of said property, is hereby assessed the following costs of such abatement, to v, it: 29 30 NAME: DOMINGUEZ, JULIO 31 32 LEGAL DESCRIPTION: Lot 8, Block 175, Unit 5 Part - GOLDEN GATE, according to plat 33 thereof recorded in Plat Book 5, Page 122 of lhe Public Records of Collier Counl3, Florida. 34 35 COST: $255.00 REFERENCE#: 2156 FOLIO #: 36247840000 36 37 The Clerk shall (by regular U.S. mail) mail a cop.',' of this Resolution along with the 38 Notice of Assessment of Lien to the owner(s) of the above-described propert.,,. If x~ithin monlx (20~ 39 day's of the date of mailing that cop5', the o~xner fails to deliver payment in full to Collier Counlx. thc 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier Count~. and 41 by recording shall constitute a lien against the above-described real propert?, and to the extcnt 42 allowed bv law, shall also be a lien upon all other real and/or personal property oxvned by tim noled 43 property owner(s) in Collier County. 44 45 This Resolution passed and duly adopted by the Board of Counu Commissioners ot 46 Collier County, Florida, this __ day of 2002. 47 ,*8 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 5O 51 52 BY: BY: 53 Deputy Clerk James N. Coletta, Chairman 54 55 Approved as to form and 56 legal sufficiency: N | 59 ThomasC. Ip~lmer AssistantCount3 Attorney ~"~'~ ~ /b 60 SEP 2 2002 F: LIEN/MSTR RESOLUTION · BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN ENEI ET UX, JOSE R DATE: PO BOX 1331 CHILE REF. INV.# 2159 FOLIO #:36010200000 LIEN NUMBER: LEGAL DESCRIPTION: Lots 25 block 111 unit 3 Part - GOLDEN GATE according to plat thereof recorded in Plat Book 5 Page 98 of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 25, and constituted a violation of counLx regulations on June 21, 2002, and ordered the abatement of a certain nuisance existing on the aboxe property' prohibited by Ordinance No. 99-5 l, as amended and ser,.ed a notice of xiolation upon you, The nuisance is: LITTER: PROHIBITED DLrMPING, ACCUWIULATION. STORAGE OR BURIAL OI: LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated bx the expenditure of public funds at a direct cost of SlX-HUNDRED ($600.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of EIGHT-HUNDRED ($800.00) DOLLARS. Such cost, by ResolUtion of the Board of Count>.' Commissioners of Collier County. Florida, shall become a lien on your properly when recorded after approval by the Board FAILURE TO TIMELY PAY TIlE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COLrNTY. I RESOLLrFION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 I l WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel: and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 2o 21 WHEREAS, the assessment shall become due and payable no later than twent,,, (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that tot(s) 25 of the property described as 27 follows, having been abated of a public nmsance after due and proper notice thereof to the ox~neris~ 28 of said property, is hereby assessed the following costs of such abatement, to 29 3O NAME: ENE1 V., JOSE R. & ENEI, LAURA S. 31 32 LEGAL DESCRIPTION: Lots 25 block 111 unit 3 Part - GOLDEN GATE according to plat 33 thereof recorded in Plat Book 5 Page 98 of the Public Records of Collier County, Florida. 34 35 COST: $800.00 REFERENCE#: 2159 FOLIO #: 36010200000 36 37 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along v.'itln the 38 Notice of Assessment of Lien to ttne owner(s) of the above-described propert3. If within ment.x (20) 39 days of the date of mailing that cop5. the o~ner fails to deliver payment in full to Collier Countx. the 40 Resolulion and Notice of Assessment shall be recorded in the official records of Collier Counlx. and 41 by recording shall constitute a lien against the above-described real propert5, and to the exlent 42 allowed by la~, shall also be a lien upon all other real and/or personal property oxvned b~ the noted 43 property owner(s) in Collier County. 44 45 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of 2002. 47 48 ATTEST: BOARD OF COUNTY COMMISSIONTRS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 52 BY: BY: 53 Deputy Clerk James N. Coletta, Chairman 54 55 Approved as to form and 56 legal sufficiency: 59 Thomas . Palmer, Assistant County Attorney 6t3 , _ SEP 2 4 2002 F LIEN,'MSTR RESOLUTION ~" fi' -- BOARD OF COGNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER CO[NTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN FONTANA, ANTHONY & DIVINA DATE: 591 99TM AVE N NAPLES, FL 34108 REF. INV.# 2152 FOLIO #: 62572960001 LIEN NUMBER: LEGAL DESCRIPTION: LOTS 49 & 50, BLOCK 18, NAPLES PARK, UNIT NO. 2, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2, AT PAGE 107, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot(s) 49 & 50, and constituted a violation of county regulations on May 29, 2002, and ordered the abatement of a certain nuisance exis[ing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: OVERGROWTH/LITTER: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON- PROTECTED OVERGROWTH IN EXCESS OF 18" & PROHIBITED DUMPING. ACCUMULATION, STORAGE OR BURIAL OF LITTER, gVASTE OR ABANDONED PROPERTY. EXOTICS: ACCUMULATION OF PROHIBITED SPECIES ON UNIMPROVED LAND LOCATED WITHIN 200' OF IMPROVED, SUBDIVIDED PROPERTY. You have failed to timely abate such nmsance; whereupon, it ,,,,'as aba~ed bv the expenditure of public funds at a direct cost of EIGHT-HUNDRED ($800.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE-THOUSAND ($1,000.00} DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Counly, Florida, shall become a lien on your properly when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER CO[~'TY. SEP 2 q 2002 F: LIENS/MS'IR LNAL I RESOLUTION NO. 2002~ 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR TIIE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47. 9 AS AMENDED 1o l I WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel: and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twentx (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the hate this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO/~'TY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA. that lot(s) 49 & 50 of the property 27 described as follows, having been abated of a public nuisance after due and proper notice thereof 28 the owner(s) of said proper't3, is hereby assessed the following costs of such abatement, to 29 30 NAME: FONTANA, ANTHONY & DIVINA 31 32 LEGAL DESCRIPTION: LOTS 49 & 50, BLOCK 18, NAPLES PARK, /;NIT NO. 2 33 ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 2. AT PAGE 3-* 107, OF THE PUBLIC RECORDS OF COLLIER COUNTY. FLORIDA. 35 36 COSI: $1,000.00 REFERENCE#: 2152 FOLIO #: 625729600111 37 38 The Clerk shall (by regular U.S. mail) mail a cop3 of this Resolution along with the 39 Notice of Assessment of Lien to the owner(s) ol the above-described propert). 11" within tx~enlx (20) 40 days of the dale of mailing that copy. the owner fails to deliver payment in full to Collier Countx. thc 41 Resolution and Notice of Assessment shall be recorded in the official records of Collier County. and 42 by recording shall constitute a lien against the above-described real properly, and to thc extenl 43 allowed by law, shall also be a lien upon all other real and/or personal property ox~ned by the noted 44 property owner(s) in Collier Count3. 45 46 This Resolution passed and dui3' adopted by the Board of County Commissioners of 47 Collier County, Florida, this __ day of ,2002. 48 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK. Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James N. Coletta, Chairman 55 56 Approved as to form and 57 legal sufficiency: -- Thomas ~r s~i~[44''-'/ I 60 , A tant County Attorney 6: SffP 2 2002 F LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN GALLOWAY, BARBARA L. DATE: 850 N 19TM ST LOT 34 IMMOKALEE, FL 34142-2683 REF. INV.# 2163 FOLIO #: 01131800000 LIEN NUMBER: LEGAL DESCRIPTION: PARCEL 1: Commencing at the East tA corner of Section 13, Township 52 South, Range 29 East, Collier County, Florida; thence North 68 degrees 04'26" West 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, page 142 of the Public Records of Collier County, Florida, thence South 42 degrees 06' West 37.00 feet; thence South 1 degree 24' West 547.95 feet; thence North 88 degrees 36' West 30.0 feet for a PLACE OF BEGINNING; thence South 1 degree 24' West 210.0 feet; thence North 88 degrees 36' West 120.0 feet; thence North 1 degree 24' East 210.0 feet; thence South 88 degrees 36' East 120.0 feet to the PLACE OF BEGINNING. Bearings based on the East line of the Northeast tA of Section 13 as being North 0 degrees 02' West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 05, 2002, and ordered the abatement of a certain nuisance existing on the above properly prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. Thc nuisance is: LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of NINE-THOUSAND SIX-HUNSDRED THIRTY- THREE ($9,633.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of NINE-THOUSAND EIGHT-HUNDRED THIRTY-THREE ($9,833.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your properly when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. .4~--~A ITEM - SEP 2 q 2002 F: LIENS/MSTR LNAL -- I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF THE 6 ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, AS 8 SUCCESSOR TO ORDINANCE No. 91-47, AS 9 AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, as 12 amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred 13 by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to 16 the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 19 against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the 22 date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date 23 this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been 27 abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby 28 assessed the following costs of such abatement, to wit: 29 30 NAME: GALLOWAY, BARBARA L. 31 32 LEGAL DESCRIPTION: PARCEL 1: Commencing at the East *~ corner of Section 13, Township 52 33 South, Range 29 East, Collier Count.',', Florida; thence North 68 degrees 04'26" West 987.57 feet, said 34 corner being the place of ending of S-837 as described in Deed Book 42, page 142 of the Public Records 35 of Collier County, Florida, thence South 42 degrees 06' West 37.00 feet; thence South 1 degree 24' 36 547.95 feet; thence North 88 degrees 36' West 30.0 feet for a PLACE OF BEGINNING; thence South 1 37 degree 24' West 210.0 feet; thence North 88 degrees 36' West 120.0 feet; thence North I degree 24' East 38 210.0 feet; thence South 88 degrees 36' East 120.0 feet to the PLACE OF BEGINNING. 39 40 Bearings based on the East line of the Northeast tA of Section 13 as being North 0 degrees 02' West. 41 42 COST: $9,833.00 REFERENCE#: 2163 FOLIO #: 01131800000 43 44 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along ~xith the No[ice of 45 Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the dale of 46 mailing that copy. the owner fails to deliver payment in full to Collier County, the Resolution and Notice of 47 Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien 48 against the above-described real property, and to the extent allowed by law, shall also be a lien upon all other 49 real and/or personal property owned by the noted property owner(s) in Collier Count)'. 50 51 This Resolution passed and duly adopted by the Board of County Commissioners of Collier 52 County, Florida, this __ day of ,2002. 53 54 A'UFEST: BOARD OF COUNTY COMMISSIONERS 55 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 56 57 58 BY: BY: 59 Deputy Clerk James N. Coletta, Chairman 60 61 Approved as to form and 62 legal sufficiency: /,~[ ,ll~..~l)~ 65 Thomas C. ~Palmer, Assistant County Attorney 66 SEP 2 2002 67 F: LIEN/MS'IR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA · LEGAL NOTICE OF ASSESSMENT OF LIEN GALLOWAY, BARBARA L. DATE: 850 N 19TM ST LOT 34 IMMOKALEE, FL 34142-2683 REF. INV.# 2164 FOLIO #: 01131800000 LIEN NUMBER: LEGAL DESCRIPTION: PARCEL 1: Commencing at the East 1/4 corner of Section 13, Township 52 South, Range 29 East, Collier County, Florida; thence North 68 degrees 04'26" West 987.57 feet, said corner being the place of ending of S-837 as described in Deed Book 42, page 142 of the Public Records of Collier County, Florida, thence South 42 degrees 06' West 37.00 feet; thence South I degree 24' West 547.95 feet; thence North 88 degrees 36' West 30.0 feet for a PLACE OF BEGINNING; thence South 1 degree 24' West 210.0 feet; thence North 88 degrees 36' West 120.0 feet; thence North 1 degree 24' East 210.0 feet; thence South 88 degrees 36' East 120.0 feet to the PLACE OF BEGINNING. Bearings based on the East line of the Northeast % of Section 13 as being North 0 degrees 02' West. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed and constituted a violation of county regulations on June 05, 2002, and ordered the abatemenl of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES. LITTER: PROHIBITED DUMPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE.THOUSAND SIX-HUNDRED SIXTY-TWO ($1,662.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of ONE-THOUSAND EIGHT.HUNDRED SIXTY-TWO ($1,862.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY.. ' - SEP 2 2002 F: LIENS/MS'IR LNAL I RESOLUTION NO. 2002-.__ 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF THE 6 ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51, AS 8 SUCCESSOR TO ORDINANCE No. 9147, AS 9 AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 9147. as 12 amended, the direct costs of abatement of certain nuisances, including prescribed administrative cost incurred 13 by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and reported to 16 the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the property 19 against which made until paid; and 2O 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) days of the 22 date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance beginning on the date 23 this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described as follows, having been 27 abated of a public nuisance after due and proper notice thereof to the owner(s) of said property, is hereby 28 assessed the following costs of such abatement, to wil: 29 30 NAME: GALLOWAY, BARBARA L. 31 32 LEGAL DESCRIPTION: PARCEL 1: Commencing at the East xA corner of Section 13, Township 52 33 South, Range 29 East, Collier County, Florida; thence North 68 degrees 04'26" West 987.57 feet, said 34 corner being the place of ending of S-837 as described in Deed Book 42, page 142 of the Public Records 35 of Collier County, Florida, thence South 42 degrees 06' West 37.00 feet; thence South I degree 24' West 36 547.95 feet; thence North 88 degrees 36' West 30.0 feet for a PLACE OF BEGINN-ING; thence South 1 37 degree 24' West 210.0 feet; thence North 88 degrees 36' West 120.0 feet: thence North I degree 24' East 38 210.0 feet; thence South 88 degrees 36' East 120.0 feet to the PLACE OF BEGINNING. 39 40 Bearings based on the East line of the Northeast lA of Section 13 as being North 0 degrees 02' West. 41 42 COST: $1,862.00 REFERENCE#: 2164 FOLIO #: 01131800000 43 44 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along with the Notice of 45 Assessment of Lien to the owner(s) of the above-described property. If within twenty (20) days of the date of 46 mailing that copy, the owner fails to deliver payment in full to Collier County, the Resolution and Notice of 47 Assessment shall be recorded in the official records of Collier County, and by recording shall constitute a lien 48 against the above-described real property, and to the extent allowed by lax~, shall also be a lien upon all other 49 real and/or personal property owned by the noted property owner(s) in Collier County. 50 51 This Resolution passed and duly adopted by the Board of County Commissioners of Collier 52 County, Florida, this __ day of 2002. 53 54 ATTEST: BOARD OF COUNTY COMMISSIONERS 55 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 56 57 58 BY: BY: 59 Deputy Clerk James N. Coletta, Chairman 60 61 Approved as to form and 62 legal sufficiency: -- 65 Thomas C. er, Assistant County Attorney - 66 SEP 2 2002 . ~ n. IO F: LIEN/MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN HALL, ALIDA VICTOR DATE: 2201 SW 43~u) LN NAPLES, FL 34221 REF. INV.# 2157 FOLIO #: 00000127562201 LIEN NUMBER: LEGAL DESCRIPTION: The East 60.00 feet of the South 102.53 feet of the North 632.53 feet of the West 130.00 feet of the East 1070.00 feet of the North l/z of the Southeast !/4 of the Southeast IA of Section 4, Township 47 South, Range 29 East, Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of thc Property Appraiser, arc hereby advised that the Code Enforcement Director, did determine a public nuisance existed, and constituted a violation of count>' regulations on June 13, 2002, and ordered the abatement of a certain nuisance existing on the aboxe property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: LITTER: PROHIBITED DL~IPING, ACCLrMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of ONE.THOUSAND NINE HUNDRED FIFTY ($1,950.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.THOUSAND ONE-HUNDRED FIFTY ($2,150.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count>'. Florida, shall become a lien on >,our property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. SEP 2 2002 F: LIENS/MS'IR LNAL I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PL~LIC NUISANCE, 1N 7 ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the' date this Resolution is recorded at the rate of twelve percent (12fir) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSION'ERS OF COLLIER COUNTY, FLORIDA. that the property described as follo~s. 27 having been abated of a public nuisance after due and proper notice thereof to the owner(s) of said 28 property, is hereb5 assessed the following costs of such abatement, to wit: 29 30 NAME: HALL, ALIDA VICTOR 3l 32 LEGAL DESCRIPTION: The East 60.00 feet of the South 102.53 feet of the North 632.53 fee 33 of the West 130.00 feet of the East 1070.00 feet of the North V2 of the Southeast, ~t~, of the 34 Southeast tA of Section 4, Township 47 South, Range 29 East, Collier County, Florida. 35 36 COST: $2,150.00 REFERENCE#: 2157 FOLIO #: 0000127562201 37 38 The Clerk shall (by regular U.S. mail) mail a copy of this Resolution along wi~h thc 39 Notice of Assessment of Lien to the owner(s) of the above-described propert5. If within tx~entx 12CI} 40 days of the date of mailing that cop5', the owner fai}s to deliver payment in full to Collier Count,,', the 41 Resolution and Notice of Assessmen! shall be recorded in the official records of Col}let Count,,. and 42 by recording shall constitute a lien against the above-described real property, and to the extent 43 allox~ed by law, shall also be a lien upon alt other real and/or personal properly owned bx lhe noted 44 property owner(s) in Collier County. 45 46 This Resolution passed and duly adopted by the Board of County Commissioners of 47 Collier County, Florida, this __ day of ,2002. 48 49 ATI'EST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James N. Coletta, Chairman 55 56 Approved as to form and 595857 legal sufficiency: ~ ]['"~A/~ ~ ~ NI~-~r~ 60 Thomas C}. Palmer, Assistant County Attorney SEP 2 q 2002 62 F: LIEN/MSTR RESOLUTION L BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSS~ENT OF LIEN J M K INDUSTRIES INC. DATE: 2375 TAMIAMI TRAIL N. NAPLES, FL 34103 REF. INV.# 2154 FOLIO #: 31055005252 LIEN NUMBER: LEGAL DESCRIPTION: Lots 20 and 22, Block M, Embassy Woods Golf & Country Club at Brettone Park, Phase One, according to the Plat thereof recorded in Plat Book 17, Page 47, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 22, and constituted a violation of county regulations on June 24, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES IN HEIGHT You have failed to timely abate such nuisance: whereupon, it ~as abated b~ the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO.HL,~DRED FIFTY- FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. SEP 2 2002 F: LIENS/MSTR LNAL ! RESOLUTION NO. 2002-.__ 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF o THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shah become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shah accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW. THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 2(, COMMISSIONERS OF COLLIER COUNTY, FLORDA, that lot(s) 22 of the property described as 2v follows, having been abated of a public nuisance after due and proper notice thereof to the ownerts) 25 of said property, is hereby assessed the following costs of such abatement, to x~ it: 29 30 NAME: J M K INDUSTRIES, INC., a Florida Corporation 31 32 LEGAL DESCRIPTION: Lots 20 and 22, Block M, Embassy Woods Golf & Country Club al 33 Brettone Park, Phase One. according to the Plat thereof recorded in Plat Book 17, Page 47, 34 Public Records of Collier County, Florida. 35 36 COST: $255.00 REFERENCE#: 2154 FOLIO #: 31055005252 37 38 The Clerk shall (by regular U.S. mail) mail a cop)' of this Resolution along with the 39 Notice of Assessment of Lien to the owner(s) of the above-described property. If wi!bin twen!y (20) 40 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, !he 41 Resolution and Notice of Assessment shall be recorded in the official records of Collier Count),, and 42 by recording shall constitute a lien against the above-described real property, and to the extent ,:3 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted 44 property owner(s) in Collier County. 45 46 This Resolution passed and duly adopted by the Board of Count)' Commissioners of 47 Collier County, Florida, this __ day of ,2002. 48 49 ATI'EST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 53 BY: BY: 54 Deputy Clerk James N. Cole!!a, Chairman 55 56 Approved as to form and ~ 57 legal sufficiency: / I4Rx~A I~ [~ ! 59 60 Thomas C. Palmer, Assistant County Attorney SE~ 2 l} 2002 F: LIEN! MSTR RESOLUTION BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN MORTGAGE ELECTRONIC REGISTRATION DATE: SYSTEM, INC. 8120 NATIONS WAY- BUILDING 100 JACKSONVILLE, FL 32256 REF. INV.# 2166 FOLIO//:35641760004 LIEN NUMBER: LEGAL DESCRIPTION: Lot 2 block 7, unit 1, GOLDEN GATE as recorded in plat Book 5, Pages 60 through 64, of the Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 2, and constituted a violation of count>' regulations on July 31, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and served a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON.PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES LITTER: PROHIBITED DL~IPING, ACCUMULATION, STORAGE OR BURIAL OF LITTER, WASTE OR ABANDONED PROPERTY. You have failed to timely abate such nuisance; whereupon, it ,aas abated by the expenditure of public funds at a direct cost of TWO.HUNDRED EIGHTY ($280.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of FOUR-Ht~DRED EIGHTY ($480.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier Count>', Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO .TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. A~A ITEM. SEP 2 2002 n. 2_0 F: LIENS/MS'IR LNAL 1 RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN ? ACCORDANCE WITH ORDINANCE No. 99-51, 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WHEREAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COL2X'TY 26 COMMISSIONERS OF COLLIER COUNTY, FLOR[DA, that lot(s) 2 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: MORTGAGE ELECTRONIC REGISTRATION SYSTEI~[S, INC. 31 32 LEGAL DESCRIPTION: Lot 2 block 7, unit 1, GOLDEN GATE as recorded in plat Book 5, 33 Pages 60 through 64, of the Public Records of Collier Count)', Florida. 34 35 COST: $480.00 REFERENCE#: 2166 FOLIO #: 35641760004 3e 37 The Clerk shall (by regular U.S. mail) mail a cop3' of this Resolution along with the 38 Notice of Assessment of Lien to the owner(s) of the above-described property. If ~ithin t~emv (20) 39 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier Count)', the 40 Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 41 by recording shall constitute a lien against the above-described real property, and to the extent 42 allowed by law, shall also be a lien upon all other real and/or personal property owned by the noted a3 property owner(s) in Collier County. ,*4 ,~5 This Resolution passed and duly adopted by the Board of County Commissioners of 46 Collier County, Florida, this __ day of ,2002. ,17 48 ATTEST: BOARD OF COUNTY COMMISSIONERS 49 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 50 51 BY: BY: 52 Deputy Clerk James N. Coletta, Chairman 53 54 Approved as to form and 55 legal sufficiency: _56 ~ 5'7 _, 58 Thomas C. l~almer, Assistant County Attorney 59 · SEP 2 q 2002 BOARD OF COUNTY COMMISSIONERS THROUGH ITS CODE ENFORCEMENT DEPARTMENT COLLIER COUNTY, FLORIDA LEGAL NOTICE OF ASSESSMENT OF LIEN PARRA, ARMANDO and SAIZ, DARIEL and DATE: FERNANDEZ, MARIAM 3821 31sT AVE. SW NAPLES, FL 34117 REF. INV.# 2161 FOLIO #:36002280009 LIEN NUMBER: LEGAL DESCRIPTION: Lot 18, block 102, GOLDEN GATE, unit 3, in accordance with and subject to the plat recorded in Plat Book 5, Pages 97 through 105, inclusive, Public Records of Collier County, Florida. You, as the owner(s) of the property above-described, as recorded in the records maintained by the office of the Property Appraiser, are hereby advised that the Code Enforcement Director, did determine a public nuisance existed on lot 18, and constituted a violation of county regulations on July 16, 2002, and ordered the abatement of a certain nuisance existing on the above property prohibited by Ordinance No. 99-51, as amended and serYed a notice of violation upon you. The nuisance is: WEEDS: ACCUMULATION OF WEEDS, GRASS, OR OTHER NON-PROTECTED OVERGROWTH IN EXCESS OF EIGHTEEN (18) INCHES You have failed to timely abate such nuisance; whereupon, it was abated by the expenditure of public funds at a direct cost of FIFTY-FIVE ($55.00) DOLLARS and an administrative cost of Two-hundred ($200.00) dollars for a total of TWO-HUNDRED FIFTY-FIVE ($255.00) DOLLARS. Such cost, by Resolution of the Board of County Commissioners of Collier County, Florida, shall become a lien on your property when recorded after approval by the Board. FAILURE TO TIMELY PAY THE AMOUNT SPECIFIED IN THIS NOTICE MAY RESULT IN A LIEN AGAINST ALL OF YOUR PROPERTY IN COLLIER COUNTY. SEP 2 q 20O2 F: LIENS! MSTR LNAL I RESOLUTION NO. 2002- 2 3 A RESOLUTION OF THE BOARD OF COUNTY 4 COMMISSIONERS PROVIDING FOR THE 5 ASSESSMENT OF LIEN FOR THE COST OF 6 THE ABATEMENT OF PUBLIC NUISANCE, IN 7 ACCORDANCE WITH ORDINANCE No. 99-51. 8 AS SUCCESSOR TO ORDINANCE No. 91-47, 9 AS AMENDED 10 11 WI--I~REAS, as provided in Ordinance No. 99-51, as successor to Ordinance No. 91-47, 12 as amended, the direct costs of abatement of certain nuisances, including prescribed administrative 13 cost incurred by the County, shall be assessed against such property; and 14 15 WHEREAS, the cost thereof to the County as to each parcel shall be calculated and 16 reported to the Board of County Commissioners, together with a description of said parcel; and 17 18 WHEREAS, such assessment shall be a legal, valid and binding obligation upon the 19 property against which made until paid; and 20 21 WHEREAS, the assessment shall become due and payable no later than twenty (20) 22 days of the date of the Legal Notice of Assessment and interest shall accrue on the unpaid balance 23 beginning on the date this Resolution is recorded at the rate of twelve percent (12%) per annum. 24 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that lot(s) 18 of the property described as 27 follows, having been abated of a public nuisance after due and proper notice thereof to the owner(s) 28 of said property, is hereby assessed the following costs of such abatement, to wit: 29 30 NAME: PARRA, ARMANDO and SAIZ, DARIEL and FERNANDEZ, MARIAM 31 32 LEGAL DESCRIPTION: Lot 18, block 102, GOLDEN GATE, unit 3, in accordance ,~'ith and 33 subject to lhe plat recorded in Plat Book 5, Pages 97 through 105, inclusive, Public Records of 34 Collier County, Florida. 35 36 COST: $255.00 REFERENCE#: 2161 FOLIO #: 36002280009 37 38 The Clerk shall (by regular U.S. mai]) mail a copy of this Resolution along with the 39 Notice of Assessment of Lien to the owner(s) of the above-described proper~y. If within txYenty (20) 40 days of the date of mailing that copy, the owner fails to deliver payment in full to Collier County, the 41 Resolution and Notice of Assessment shall be recorded in the official records of Collier County, and 42 by recording shall constitute a lien against the above-described real property, and to the extent 43 allowed by law, shall also be a lien upon all other real and/or personal proper~y owned by the noted 44 property owner(s) in Collier County. 45 46 This Resolution passed and duly adopted by the Board of County Commissioners of 47 Collier County, Florida, this __ day of .... 2002. ,~8 49 ATTEST: BOARD OF COUNTY COMMISSIONERS 50 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 51 52 BY: BY: 53 Deputy Clerk James N. Coletta, Chairman 54 55 Approved as to form and 59 Thomas ~. Palmer, Assistant County Attorney 60 SEP 2 4 2[ LIEN/MSTR RESOLUTION FINAL ACCEPTANCE OF ~TER UTILITY FACILITIES FOR HAWTHORNE SUITES OBJECTIVE: The Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, to accept the conveyance of the water facilities. CONSIDERATIONS: 1) The Developer of Hawthorne Suites, has constructed the water facilities within dedicated easements to serve this development. See attached location map. 2) Preliminary acceptance was approved by the Community Development and Environmental Services staff on August 21, 2000, in accordance with Ordinance 97-17. 3) Staff has recorded all appropriate legal documentation which had been reviewed by.the County Attorney's office for legal sufficiency. 4) The water facilities have been operated and maintained by the Collier County Water-Sewer District during the one 1) year warranty period. 5) A final inspection to examine for any defects In materials and workmanship was conducted by the Community Development and Environmental Services Division staff and found to be satisfactory. 6) The Utilities Performance Securit'y (UPS), in the form of Irrevocable Standby Letter of Credit, in the amount of $4,655.14, will be released to the Project Engineer or the Developer's designated agent upon the Boards approval. 7) Water facilities have been reviewed by Roy Anderson of Public Utilities. He has approved Executive Summary for Final Acceptance via email dated August 20, 2002. FISCAL IMPACT: The water facilities were constructed without cost to the Collier County Water-Sewer District. The cost of operating and maintaining the water and sewer facilities will be paid by monthly user revenues. Executive Summary Hawthorne Suites Page Two GROWTH ~G~ IMPACT: This project has been connected to the County Regional Water Treatment Plant and North Regional Wastewater Treatment Plant. Capacity presently exists to serve this project. BECO~ATION: The Community Development and Environmental Services Division Administrator recommends that the Board of County Commissioners, Ex-Officio the Governing Board of the Collier County Water-Sewer District, accept the water facilities for Hawthorne Suites, and release the UPS to the Project Engineer or the Developer's designated agent. PREPARED BY: Shirley~x, Engineering Tecnn~cian II Date Engineer' Review Services REVIEWED BY: Thomas E. Kuck, P.E. Date / Engineering Review Services Manager APPROVED BY: [. Schmi%~, 'Administrator Da~e' Josep~ COMM~ FY DEVELOPMENT AND ENVIRONMENTAL SERVICES atta~t~ nents SEP 2 ~ , JH VA~E~.I BEAC~ ~OA~ JJ ~X'. ' - k J ~ ~ ~ Jj BRi~TON i ~KFS I IJJ ~RDENS/ 6 i F~ST S~E~ ~ L~ ni ' '~LONEJJ - o PROJECT ~ z ~ ~ UN~ PINE NR ~ ~ j VN[Y~gS F ....... ~ ~ 5U~E~IND NAPLES ~ C~P~[SS (C.R. sg~) ~ ~ i ~E~ PINE RI~E ROAD I RE~TED ;T~LR~N~ ASiRON I FALLsTHE )N GROUP p,~C ..... ~ P~A R;DGE ....... CENTER NAPLES lOOg ~4 B.&~.C. ~3 !8 17  KENSINGTON j GOLDEN CATE ES'A'ES ~ ~ P~K UNff 33 WORLD TENNIS , ~iAWK'S RIDGE GREY OAKS ~ ' ................... Y/ ~ ~ JAVCEES CRFv OAKS CLUBHOUSE ' GREY O~S Florida Community Bank IRREVOCABLE STANDBY LETTER OF CREDIT NO. 2000-1t~ ISSUER: FLORIDA COMMUNITY BANK PLACE AND DATE OF ISSUE: Naples, Florida, AUGUST 15, ,2000 PLACE OF EXPIRY: At Issuer's counters. DATE OF EXPIRY: This Credit shall be valid until At,GUST lt~, 2001 APPLICANT: Bay Winds Lodging, L.L.C., a Florida limited liability company, (hereinafter "Applicant"), whose current business address is: c/o Ronald D. White, 26180 Mixa Way, Bonita Springs, Florida 34134. BENEFICIARY: The Board of County Commissioners, Collier County, Florida (hereinafter "Beneficiary"), Collier County Courthouse Complex, Naples, Florida 34112. AMOUNT: $4,655.14 (U.S.) up to an aggregate thereof. CREDIT AVAILABLE WITH: Issuer. BY: Payment against documents detailed herein and Beneficiary's drafts at sight drawn on the Issuer. DOCUMENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT. DRA'vVN ON THE ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGNED BY THE COUNTY MANAGER, CERTIFYING THAT: "Bay Winds Lodging, L.L.C., a Florida limited liability company, has failed to construct and/or maintain the water and sewer utility facility improvements as shown on the plans for HAWTHORNE SUITES, or a final inspection satisfactory to Collier County, pursuant to Collier County Ordinance No. - , as may be amended, has not been performed prior to the date of expiry, and satisfactory alternative performance security has not been provided to and formally accepted by the Beneficiary". DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Drawn under FLOR]DA COMMUNITY BANK (issuer) Credit No. 2000-16 , dated AUGUST 15, ,2 ur. nl~lROAJ~./ SEP 2 2002 This letter of Credit sets forth in full the terms of the Issuer's undertaking and such undertaking shall not in any way be modified, amended, or amplified by reference to any documents, instrument, or agreement referenced to herein or in which this Letter of Credit relates, and any such reference shall not be deemed to incorporate herein by reference any document, instrument or agreement. Issuer hereby engages with Beneficiary that draft(s) drawn under and in compliance with the terms of this credit will be duly honored by Issuer if presented within the validity of this credit. This credit is subject to the Uniform Customs and Practice for Documentary Credits (1993 Revision) International Chamber of Commerce Publication No. 500. Issuer: FLORIDA COMMUNITY BANK By: /' SEP 2 q 2OO2 AVESMT2001-AR659 SHEET 1 OF 2 EXECUTIVE SUMMARY PETITION AVESMT2001-AR659 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN A DRAINAGE EASEMENT CONVEYED TO COLLIER COUNTY BY SEPARATE INSTRUMENT AND RECORDED IN OFFICIAL RECORD BOOK 805, PAGES 755 THROUGH 757, AND TO ACCEPT A DRAINAGE EASEMENT AS A RELOCATION EASEMENT. LOCATED IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA. OBJECTIVE: To adopt a Resolution to vacate the above described Drainage Easement and to accept a Drainage Easement as a relocation easement. CONSIDERATIONS: Petition AVESMT2001-AR659 has been received by the Planning Services Department from Daniel H. Cox, Esq., from Young, van Assenderp, Vamadoe & Anderson, P.A. as agent for the petitioner, G-4 Partnership, requesting the vacation of the above- described Drainage Easement to accommodate proposed construction at the site. They are also requesting that Collier County accept a Drainage Easement as a relocation easement. Improvements within the relocation Drainage Easement have already been constructed by the Petitioner. There is an existing 10-foot wide FPL easement (as recorded in Official Book 661, Page 935 and Official Record Book 664, Page 1049) over which the relocated Drainage Easement will cross. There is a "Subordination of Utility Interests" which is an agreement between Collier County and Florida Power & Light Company whereby FPL agrees to subordinate its interest in the FPL Easement to Collier County. The parcel contiguous to and south of the subject parcel contained a drainage easement in which Collier County vacated the County's and the Public's interest in the drainage easement by a Quit Claim Deed which was recorded in Official Record Book 2622, Pages 1803 through 1810 and Collier County accepted a relocation drainage easement over a portion of this southerly parcel by Grant of Easement which was recorded in Official Record Book 2622, Pages 1848 through 1857. This previous easement vacation took place in December 1999 and was for the purpose of accommodating construction and development on the southerly site. Evidence that shows that the Petitioners own the fee title interest in the parcel sought to be vacated is on file in the Engineering Services Department due to the large number of documents. Letters of no objection have been received from Collier County Transportation, Collier County Engineering Review and Collier County Storrnwater Management. Zoning is PUD. This Executive Summary was approved by Greg Garcia in Transportation on 5-29-)2._~gl._.t~L_ _._.__ Jacquelyn Johnson in Public Utilities on 7-12-02. Nc, l~/-~ S E P ? ~ AVESMT2001 -AR659 SHEET 2 OF 2 FISCAL IMPACT: Planning Services has collected a $1,000 "Petition to Vacate" fee from the petitioner which covers the County's cost of processing and recording the Petition. GROWTH MANAGEMENT IMPACT: None PLANNING SERVICES STAFF RECOMMENDATION: That the Board of County Commissioners: 1. Adopt the Resolution for Petition AVESMT2001-AR659 for the vacation of the Drainage Easement as described therein; and 2. Authorize the execution of the Resolution by its Chairman and direct the Clerk to the Board to record the Resolution in the Official Records; and 3. Approve and accept the relocation Drainage Easement; and 4. Direct the Clerk to the Board to record the relocation Drainage Easement documents individually in the Official Records; and 5. Authorize the execution of the Subordination of Utility Interests by its Chairman and direct the Clerk to the Board to record the Subordination individually in the Official Records. PREPARED BY: 12: ,c--,~- ~~-~'~' DATE: Rick Grigg, P.S.M. Engineering Services Thomas E. Kuck, P.E., Engineering Services Director APPROVED BY: ' DATE: ~/~/~'~"-- ~.... Development & Environmental Services ~ ! ct, t-! ./~ SEP 2 4 2002 I RESOLUTION NO. 2002- 2 3 RESOLUTION FOR PETITION AVESMT2001-AR659 TO DISCLAIM, 4 RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S 5 INTEREST IN A DRAINAGE EASEMENT CONVEYED TO COLLIER 6 COUNTY BY SEPERATE INSTRUMENT AND RECORDED IN OFFICIAL 7 RECORD BOOK 805, PAGES 755 THROUGH 757, AND TO ACCEPT A 8 DRAINAGE EASEMENT AS A RELOCATION EASEMENT. LOCATED 9 IN SECTION 27, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER 10 COUNTY, FLORIDA. 11 12 13 WHEREAS, pursuant to Section 125.01(0, Florida Statutes, Daniel H. Cox, Esq., fi'om 14 Young, van Assenderp, Vamadoe & Anderson, P.A., as agent for the petitioner, G-4 Partnership, 15 does hereby request the vacation of the Drainage Easement conveyed to Collier County by the 16 Grant of Easement recorded in Official Record Book 805, Pages 755 through 757, Public 17 Records of Collier County, Florida, and does hereby request Collier County to accept a relocation 18 Drainage Easement; and 19 WHEREAS, the Board has this day held a public hearing to consider vacating the 20 Drainage Easement granted to Collier County by the Grant of Easement recorded in Official 21 Record Book 805, Pages 755 through 757, as more fully described below, and notice of said 22 public hearing to vacate was given as required by law; and 23 WHEREAS, the granting of the vacation will not adversely affect the ownership or right 24 of convenient access of other property owners. 25 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 26 COMMISSIONERS OF COLLIER COUNTY, FLOKIDA, that the County's interests in the 27 following described Drainage Easement be and are disclaimed, renounced and hereby vacated, 28 and this action is declared to be in the Public's interest and will provide a public benefit: 29 See Exhibit "A" attached hereto and incorporated herein. 30 BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS 31 OF COLLIER COUNTY, FLOR.IDA, that the Drainage Easement more particularly described in 32 Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Drainage 33 Easement for the Drainage Easement vacated herein, i~._ i (~9 _~A~ ITEI~-f SEP 2 2002 34 35 BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to re~ord 36 a e~tified copy of tlfi~ Resolution and the r~location Drainage Easement individually in the 37 Official Records of Collier ~ounty, Florida. 38 This Re. solution is adopted this ~ day of , 2002, after 39 motion, s~cond and majority vote favoring same. 40 41 42 .DATED: 43 ATTEST: BOARD OF COUNTY COMMISSIONERS 44 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 45 46 47 48 BY: 49 Deputy Clerk James N. Coletta, Chairman 50 51 52 53 54 55 56 Approved as to form and legal 57 sufficiency: 59 60 61 Patrick G. White, Esq. 62 Assistant County Attorney SEP 2 2002 WilspnMiller "'- EXHIBIT "A" SHEET I OF 2 AVESMT2001-AR659 Description of Part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (Part of O.R. Book 805, pnges 755-757 to be Vacated) All that part of O.R. Book 805, pages 755 through 757, Public Records of Collier County, Florida that lies in thc following described parcel; All that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of said Section 27; thence along the east line of said Section 27, South 01°09'43" East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846) and the POINT OF BEGINNING of the parcel herein described; thence continue along said east line South 01°09'43'' East 1189.62 feet; thence leaving said line South 89048'50'' West 677.35 feet; thence South 05o35'39" East 886.02 feet; thence South 89°48'50" West 400.00 feet to a point on the easterly right of way line of Goodlcue Frank Road as Recorded in Plat Book 13, page 58, Public records of Collier County, Florida; thence along said line North 05°35'39" West 2088.10 feet to e point of the south right of way line of said Immokalee Road (S.R. 846); thence along said line South 89049'40'' East 1168.55 feet; thence continue along said line South' 89012'58'' East 1.85 feet to the POINT OF BEGINNING of the parcel herein described', "-' Subject to easements and restrictions of record. Bearings are assumed and based on the north line of said Section 27 being South 89046'26" East. WILSON, MILLER, BARTON & PEEK, INC. Registered Engineers and Land Surveyors Marcus L: Berman, P.S.M. #5086 Not valid unless embossed with the Professional's seal. Rcf. IL-216, pages 3 and 4 of 4 W.O.# 02818-001-001-SSGSS Date December 11, 1998 SEP 2 2002 Ilaplas Fart Myars Sarasota Bradanton Tampa ~P.2JOI.2S~OO3.MLB 3200 B~iley Lane, Suite 200 Nap/es, Flori~ ~1~7 ~1~0 ~ ~1~3-5716 ~ WilsonMiller, l~c. ~ FL Lic.~ LC-CO00170 CA 43 POINT Of' iF'Z~,I~ ~ NAiL & ,DISC, [~crz~ ~7 S~ET 2 OF 2 [ ~IP ~8 ~T~ A~M~l-~659 · , ~AST LI~ ~CT~ ~7 ~ ll~9, P~ J6~4 ~,...-~,-~ '... "... ~ ~ ~'~ ..... . I PARCEL CONTAINING E X ~E P T I Z~/ ml~'g~ ~. ~o~]. P4OC ]~ . __..~. c~F,c~r PLAT BOOK 13, pA~E 58 ~r~ .~ GOODLETTE FRANK ROAD, ~R~ ~TES: ~ ~ L fll~l~2 ARE IN ~[~T ~fl ~I~L2 T~R~. ~ ~E ATTAC~D F~ LE6AL ~S~IPTI~. ~ ~A~I~% A~E ~OTATE~ TO VILe, HILLE~ ~VE~ 0 5~ lDO I~O0 · .. Nor A SURVEY "* [ SEP 2 ~+ 2002 don ~, 8001 - 1~,5E:37 MBERHANIX:XS~%08818%IL~16S03.~w~ _ ~~=~~ ~ I P~ OF ~ON ~ This instrument prepared by: DANIEL H. COX, ESQ. Young, van Assenderp, Vamadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 EXHIBIT "B" SHEET 1 OF 13 AVESM'r2001-AR659 EASEMENT THIS EASEMENT given this/o~$ day of~, 2001, by G-4 Partnership, a Florida general partnership, Harold S. Lynton, Juliet C..S~rou,1 and K~a~henn. e ~G;~S~p~u! ,as T~m_,st_ee~s. benefit of Juliet C. Sproul, and Barron Collier, III, WhOSe aaaress ~s zt>ut~ ~aomen ~aat~ Suite 200, Naples, Florida 34105, hereinafter collectively called "Grantor", to Collier County, Florida, a political subdivision of the State of Florida, its successors and assigns, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112, hereinafter called "Grantee;" W-I-T-N-E-S-S-E-T-H That the Grantor for good and valuable consideration to it in hand paid, the receipt and sufficiency of which are hereby acknowledged, grants by these presents to the Grantee, its successors and assigns a perpetual, non-exclusive easement for drainage purposes, lying on, over, under and across the following described parcel, piece or strip of land situate, lying and being in the Count' of Collier, State of Florida, to wit: SEE EXHIBIT "A" ATTACHED HERETO AND BY REFERENCE MADE A PART HEREOF. The easement shall nm with the land and shall be for drainage purposes. This easement is subject to the following conditions: 1. This is a non-exclusive easement. Grantor reserves all rights without limitation, to use the described land for any purpose not inconsistent with Grantee's rights thereto, including without limitation, use of the Easement for drainage of Grantor's appurtenant lands. 2. Grantor and its successors in interest are in no way bound to improve or maintain the described easement nor keep it in repair. 3. Grantor disclaims any liability or responsibility to Grantee, its successors or assigns, or others likely situated, their heirs and assigns, or to any person using the land by invitation, either expressed or implied, or by reason of any business conducted with Grantee, its successors and assigns or otherwise. By acceptance of this easement, Grantee covenants for itself and its successors and assi SEP 2 q 2002 EXHIBIT "13" SHEET 2 OF 13 AVESMT2001 -AR659 will use and maintain the described easement in accordance with all existing and future laws and regulations of all government authorities with authority over such matters. This Grant of Easement may be executed in one or more counterparts, each of which shall 'be deemed an original, but all of which together shall constitute but one and the same instrument. IN WITNESS WHEREOF the Parties have hereunto caused this instrument to be executed in their names by their hands and official seals the day and year first above written. WITNESSES' G4 Partnership. ~rint Nam,": 5A_~_r}_[:l~. P. THO.MAS Its General Parmer Prin~ Nam:: GAlL W_ ANrl_I-'~_ =qJ'lN STATE OF_ ie~O,~-~lO/~' § COUNTY OF ~_~t l t'~ {"' § The foregoing Grant of Easement was acknowledged before me this ~ day of ff~t"u~t'~. 2001, by Lamar Gable, as General Partner of 6.-4 P.armership, a Florida general partnership, x0ho [_~ is personally known to me or [,.._] has producecl as identification. EXHIBIT "B" SHEET 3 OF 13 AVESMT2001-AR659 By: Harold S. Lynton, Juliet C. Sproul, and Katherine G. sproul, as Trustees for Juliet C. Sproul under the will of Barton Collier, Jr., deceased, and as Confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, Wimess: 0 ~ HAROLD S. LYNTON,(as Trustee for Juliet C. Sproul under the will of Ban'on Collier, ~cz_~ff_- ~,._1 a~,.-a~ k?_.cz.O'/ Jr., deceased, and as confirmed by Change " of Trustees dated June 15, 1993, and filed Print Name: June 22, 1993, in Probate No. 76-33, of the ~ Probate Records of Collier County, Florida SANDRA P. THOMAS Print Name: STATE OF cOUNTY OF C011 The following instrument was sworn to, subscribed, and acknowledged before me this~'t~day of ?:~ t't4 , 2001, by HAROLD S. LYNTON, as Trustee for Juliet C. Sproul under the will of Ban'on Collidr, Jr., deceased, and as Confirmed by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, who is personally known to me and who did not take an oath. I~ a~".:-~ - ~-~- I1~ re,m: s~ al. ~o~ I[ Commission Expires: .... I[_ · .......... SEP 2 2002 EXHIBIT '*B" SHEET 4 OF 13 AVESMT2001 -AR659  B ~T C. SPROUL~'Trustee for Juliet C. Sproul under the will of Barron Collier, SANDRA P. THOMAS Jr., deceased, and as Confirmed by Change of Trustees dated June 15, 1993, and filed Prat Name: June 22, 1993, in Probate No. 76-33, of the · ~i~ ~..]~?f."~.~,..:14'-)..~ Probate Records of Collier County, Florida GAlL W. ANDERSON Print Name: COUNTY OF I~ _.. The foregoing instrument was sworn to, subscribed, and acknowledged before me of ~"-e. Jacu4t t~ , 2001, by JULIET C. SPROUL, as Trustee for Juliet C. Sproul, under the~'ill of Barron Collier,/Jr., deceased, and as conf~med by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Probate Records of Collier County, Florida, who is personally known to me and who did not take an oath.  Print Name: My Commission Expires: ~/-~-I--~001 SEP 2 lO EXHIBIT SHEET 5 OF 13 AVESMT2001 -AR659 ~ritnfss: ~ I/L~THERINE G. SPROUL[ as Trustee for Juliet C. Sproul under the will of Ban:on Collier, Jr., deceased, and as SANDRA P_ THt3~a_._q Confn-med by Change of Trustees, dated ' , June 15, 1993, and filed June 22, 1993, in .. ,'~'f~// ~.,' 7 ~.~z,O2/~"{ Probate No. 76-33, of the Probate Records Witness: -' of Collier County, Florida GAlL W. ANDERSON Print Name: STATE OF COUNTY OF ('D i I The foregoing instrument was sworn to, subscribed, and acknowledged before me thisy of f~'[a~r-t, tzt/',/, 2001, by KATHERINE G. SPROUL, as Trustee for Juliet C. Sproul, under the will of Barron C~l'lier, Jr., deceased, and as confu'med by Change of Trustees dated June 15, 1993, and filed June 22, 1993, in Probate No. 76-33, of the Public Records of Collier county, Florida, who is personally known to me and who did not take an oath. Notary Public Print Name: ~ J' #la.ao~ ~:n~:,,~oa I[ My Commission Expires: SEP 2 ~ 2002 . .11 EXHIBIT SHEET 6 OF 13 Signed and delivered in the AVESMT2001-AR659 presence of: 'i~ By: F~NC~ ~ VIL]LERE~, a~ a Part~er SANDRA P. THOMAS Print Name: Wimess: print Name: STATE OF COUNTY OF ~0!~ tee( The foregoing instru_ment was sworn to, subscribed, and acknowledged before me this of ~/ocua~ 2001, by FRANCES G. VILLERE, as a Partner of G-4 Partnership, a Florida gen~ra~ parmm/ship, who is personally known to me and who did not take an oath. [ ~i~.. --- ,~,}."E~SO~- - l[ Nora_fy Public O' 1~2~.? m,t~: ~a 2t mo~ Il Print Name: ~.~'"'_' _"-'_'~~__ _~"~ Il M7 Co~ssion Expi~e.~: 4- SEP 2 ~ 2002 EXHIBIT "B" SHEET 7 OF 13 AVESMT2001 -AR659 imess: D~NNA G. KELLER,-as-a Parmer SANDRA P. THOMAS Print Name: C~L W. ANDERSON Print Name: COUNTY OF (f'~ lit'Et"'" The foregoing instrument was sworn to, subscribed, and acknowledged before me this 7'~ay of FEfg/9,an/'t/ , 2001, by DONNA G. KELLER, as a Partner of G-4 Partnership, a Florida general partnersfiip, who is personally known to me and who did not take an oath. ii''~'''''''- ~"~'~~ 'It ~o~~,~ r,(/, , {~'~1~'~...~! MYCOMMIS~IONtOOalaX~ Print Name: ~l~lt,l. lla. a01t *-'.~,.,..~.: a~,~a,~_ _ _u~_ _ My Commission Expires: /¥ 'e:~-I - ,3-00 1 SEP 2 ~ 2002 n.l£ EXHIBIT SHEET 8 OF 13 AVESMT2001 -AR659 Wime~. - ) PHYLL~ G. ALl~ENT"as--a-Parmer SANDRA P. THOMAS Print Name: 'Witness: GAlL W. ANDERSON Print Name: STATE OF F[/;)g t b a- COUNTY OF dO/..~-t ¢~ The foregoing instrument was sworn to, subscribed, and acknowledged before me this day of fEE t"z, ta t~, 2001, by PHYLLIS G. ALDEN, as a Partner of G4 Partnership, a Florida general partnership,/,vho is personally known to me and who did not take an oath. Notary Public (.,/ ~,1.  Print Name: My Commission Expires: t.~/-~l -cgOO I SEP 2 q 2002 EXHIBTT "ii" SHEET 9 OF I~ -- WITNESSES: Av~m'20m.,,m6s9 individually ~,~ Pj:~t Name: SANDRA P. THOMAS ~., N~m~: GAlL W. ANDERSON STATE OF ~[t.3~'O~ § couN or F.i~e foregoing Grot of E~ement w~ ~owledged before me ~s ~ ~y of ~~ , 2001, by B~on Collier, ~, who ~] is pe~on~ly ~om to me or [ ] h~ produced ~ ~ identification. Board of County Commissioners Collier County, Florida ATTEST: Dwight E. Brock. Clerk James N. Coletta Chairman  ~Fo~ and Sufficiency: Assistant County Attomey(~\~ F:~.%,,~'~lhc~lph~feek~ide commeme pnrk',Easemem M~ifi~omG~t of ~e ~t 013101~ - SEP 2 ~ 2002 WilsOnMiller EXHIBIT "B" SHEET 10 OF 13 AVESMT2001 -AR659 Description of Part of Section 27, Township 48 South, Range 25 East, Collier County, Florida (Drainage Easement Replaced) Ali that part of Section 27, Township 48 South, Range 25 East, Collier County, Florida being more particularly described as follows; Commencing at the northeast comer of said Section 27; thence along the east line of said Section 27, South 01°09'43'' East 125.00 feet to a point on the south right of way line of Immokalee Road (S.R. 846); thence along said right-of-way line South 89012'58'' West 1.85 feet; thence North 89049'40'' West 37.27 feet to the POINT OF BEGINNING of the easement herein described; thence leaving said line South 01 °06'23" East 131.66 feet; · thence South 44033'34'' West 97.85 feet; thence South 01006'23'' East 403.35 feet; thence southwesterly 30.83 feet along the arc of a tangential circular curve concave to the northwest having a radius of 20.00 feet through a central angle of 88°19'53" and being subtended by a chord which bears South 43°03'33" West 27.87 feet; thence South 87° 13'30" West 85.28 feet; thence South 06° 19'24" East 1.16 feet; thence South 14039'08'' West 26.80 feet; thence South 29033'32.. East 13.36 feet; thence South 23°49'31" West 21.18 feet; thence South 47017'45.' West 36.35 feet; thence SOuth 75048'29'' West 30.34 feet; thence South 55023'49.. West 22.50 feet; thence South 10056'04" East 23.71 feet; thence South 18°31'27" West 30.41 feet; thence South 19°42'56'' West 20.44 feet; thence South 47°32'15" East 21.88 feet; thence South 57°45'18.. West 22.26 feet; thence North 56°50'41.. West 21.75 feet; thence South 08°11'03" West 14.73 feet; thence South 03°59'16.. East 15.20 feet; thence South 49029'59.' East 20.60 feet; thence South 69041'30.. East 36.93 feet; thence South 51009'37'. East 18.13 feet; thence South 18°13'18'' West 32.18 feet; thence South 67026. 12" West 35.06 feet; thence South 44005'59" West 33.06 feet; thence South 00°16'18'' West 20.17 feet; thence South 17°01'14'. West 34.87 feet; thence South 20012'59.' West 23.13 feet; thence South 32029'04.' West 22.95 feet; thence South 71056'43'. West 12.88 feet; thence South 51°50'23'' West 20.28 feet; thence South 26°52'37'' West 15.00 feet; thence South 22025'52" West 24.91 feet; thence South 67°07'08'' West 22.71 feet; thence South 38°22'07'' West 12.85 feet; thence South 14°25'34'' East 24.33 feet; thence South 01°40'52"--W~t 16.04 fecI: I~Jl~l~S · tort Myers ~ StrJsot8 ' Bradenton Tamp~ * Tallahassae 3200 Bailey Lane, Suite 200, Naples, Flodda 34105-8507' 941-¢>49-4040 its~ot.~t v~. o3~.M~, www. wilsonmiller, com WilsOnMiller Description of Part of Section 27, Township 48 South, Range 25 East, EXHmlT '~" Collier County, Florida SHEET 11 OF 13 (Drainage Easement Replaced) AVESMT2001-AR659 Continued: thence South 25o30'20.. West 35.13 feet; thence South 89048'50" West 234.82 feet; thence North 31°31 '51" East 54.56 feet; thence North 70°56'41" East 31.50 feet; thence South 83°24'11" East 18.60 feet; thence North 21 °33'38" East 19.78 feet; thence North 45°23'48'' West 38.94 feet; thence North 03039'20.. West 32.62 feet; thence North 32°16'05" East 27.09 feet; thence North 37°46'01" East 19.16 feet; thence North 49o22'09.. East 38.75 feet; thence North 55o26'58.. East 26.09 feet; thence North 48o53'47.. East 29.05 feet', thence North 42°50'19.. East 25.06 feet; thence North 60°25'!0" East 21.47 feet; thence North 31 °54'54" East 21.23 feet; thence North 08042'49" East 11.69 feet; thence North 07o16'55" West 16.18 feet; thence North 53041'40" East 14.63 feet; thence South 78°28'37" East 16.55 feet; thence North 77o52'47" East 26.58 feet; thence South 50°01'30" East 21.13 feet; thence South 82°02'16.. East 9.92 feet; thence North 13o34'07.' East 25.71 feet; thence North 05°28'02'' West 21.58 feet; thence North 32°02'28" West 43.27 feet; thence North 26°40'20" East 20.92 feet', thence North 83© ! 7'00" East 32.59 feet; thence North 00°41'12.. East 18.20 feet; thence North 37o16'27.. West 16.09 feet; thence North 30010'43" West 24.00 feet; thence North 35°25'12" West 33.73 feet; thence North 45°42'42" West i 8.82 feet; thence North 38o58'40.. West 13.32 feet; thence South 52002'09" West 20.76 feet; thence North 78°34'31" West 21.48 feet; thence North 31°02'25" East 11.52 feet; thence North 30°18'10" East 23.92 feet; thence North 63o56.44" East 20.58 feet; thence North 35o14'47.. East 15.09 feet; thence North 40°53'01' East 20.13 feet; thence North 73o03'26.. East 14.59 feet; thence South 61 °59'20" East 18.23 feet; thence South 66°42'17' East 21.92 feet; thence South 83000'54" East 18.29 feet; thence South 63°15'48" East 21.68 feet; thence North 22°36'31'' East 27.19 feet S~ 2 it 2002 thence North 52o05'26'' West 27.47 feet; thence North 21 °02'29" West i 6.85 feet; P[._ I e-] _ thence North 90°00'00'' East 150.01 feet; thence South 00°00'00'' East 8.31 feet; WilspnMiiler EXHIBIT "B" Description of Part of Section 27, Township 48 South, Range 25 East, SHEET 12 OF 13 Collier County, Florida AVESMT2001-AR659 (Drainage Easement Replaced) Continued: thence southeasterly 13.62 feet along the arc of a tangential circular curve concave to the northeast having a radius of B.44 feet through a central angle of 92028'49'' and being subtended by a chord which bears South 46032'04'' East 12.19 feet; thence North g 7° 13'30" East 4 I. 55 feet; thence northeasterly 30.83 feet along the arc of a tangential circular curve concave to the northwest having a radius of 20.00 feet through a central angle of 88° 19'53" and being subtended by a chord which bears North 43°03'33" East 27.87 feet; thence North 04 °06'23" West 398. i 7 feet; thence northeasterly ! 5.85 feet along the arc of a tangential circular curve concave to the southeast having a radius of 20.00 feet through a central angle of 45°25'10" and being subtended by a chord which bears North 21°36'12'' East 15.44 feet; thence North 44°18'47" East 81.54 feet; thence northeasterly 15.85 feet along the arc of a tangential circular curve concave to the northwest having a radius of 20.O0 feet through a central angle of 45°25'10'' and being subtended by a chord which bears North 21°36'12'' East 15.44 feet; thence North 01006'23" West 100.52 feet to a point on the south right-of-way line of said Immokalee Road (S.R 846); thence along said line South 89049'40'' East 20.00 feet to the POINT OF BEGINNING oftbe easement herein described; Containing 2.80 acres more or less. Subject to easements and restrictions of record. Bearings are assumed and based on the east line of said Section 27 being South 01 °09'43" East. WILSONMILLER~ INC. Registered Engineers and Land Surveyors ~vlarcus L. german, P.S.M #50 Not valid unless embossed with the Professional's seal. Ref.: 1L-342 W.O.:# 02818-003-000-CSSOO Date: January 5, 2001 Rev. February 11, 2002 .SEP 2 2002 i EXHIBIT "B" trlx~D ~ m~ & D;~ sr~D c~-;Tm SHEET 13 OF 13 ~ 15' UTILITr EA~NT EAST LI~ SECT]~ ~7 ~. 1159, P~ ~ -~ ~ EXCEPTI~ ~Ai~ EA~NT ~ L~ T~E ~ -- ~ ~!~ CASCadE ~ ~R. $64, ~ 38.9 +/- ACRES EXCEPTION DR. 104£ P,*~--.,~ 1775 GOODLETTE FRANK ROAD, PLAT BOOK 13, PAGE 58 PREPARED *** NOT l SURVEY *** o ~ ~ ~ ~~o~"'~u~/. ~ESSl~ ~ ~m~ ~nm ~.~ ~] GRAPHIC SCALE FLORIDA REGISTRATION NO. 5M6 ~eb Il, 800~ - 14:36,51 RPORTZ~X,%SURX0~B18%It348sOl.dw~ SEP 2 This Document Prcp.'~red By: Daniel H Cox. Esq. Young, van Asscndcrp, V-'~m-'~doe & Anderson. P.A. 801 Laurel Oak Drive. Suite 300 Naplcs, FI. 33941 PROJECT NO. lmmokalee Road PARCEL NO. 109 FOLIO: 00168040106 EXHIBIT "C" SHEET 1 OF 3 AVESMT2001-AR659 SUBORDINATION OF UTILITY INTERESTS Public Body THIS AGREEMENT, .entered into this day of .2002. by and between COLLIER COUNTY, a political subdivision of the State of Florida. its successors and assigns, whose mailing address is 3301 Tamiami Trail East. Naples. Florida 34112. hereinafter called "Count'". and FLORIDA POWER & LIGHT COMPANY. a Florida corporation, by its undersigned officers who have been duly authorized by the corporation to execute this Subordination. whose mailing address is P.O. Box 029100, Miami. Florida 33102, hereinafter called "Utility." WITNESSETH: WHEREAS. the Utili~ presently has an interest in certain lands that the County has determined are necessary, for drainage purposes; and WHEREAS, the proposed use of these lands for drainage purposes will require subordination of the interest claimed in such lands by Utility. to the County, and at the request of the Count3.', the Utility. has agreed, subject to the following conditions, to relocate its facilities from the Utility's easement lands onto public right-of-way, or has agreed to leave its facilities on the subordinated lands (hereinafter jointly referred to as 'Lands' and depicted in Exhibit A attached hereto); and WHEREAS, the County. is willing to pax' to have the Utility's facilities relocated, if necessary, to prevent conflict between the facilities so that the benefits of each may be retair, ed: NOW, THEREFORE, in consideration of the mutual covenants and promises of the parties hereto. Utility and County agree as follows: Utility. subordinates any and all of its interest in the Lands described as follows: (SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HER ;OF~.._g _/ to the interest of the Coun.ty, its successors or assigns, for the purpose of ~nsl~i~ 21 improving, maintaining and operating drainw, e facilities, over. through, upon anWo across such - Lands. including, but not limited to, the claim of interest based on the following: EXHIBIT "C" SHEET 2 OF 3 AVESMT20OI-AR659 Nature of From or Recorded Encumbrance Date Against In Favor Of Book-Page Easement August 23, Board of County Florida Power OR: 661 PG 935-936. 1976 Commissioners & Official Records of of Collier Light Company Collier Count3', County, Florida Florida Easement September Collier Florida Power OR:664 PG: 1049- 8. 1976 Development & Light 1050, Official Corporation Company Records of Collier County.. Florida PROVIDED that the following rights are granted to Utilit3,: 1. The Utility shall have the rigl~t'to construct, operate, maintain, improve, add to. upgrade. remove, and relocate facilities on, within, and upon all Lands in accordance with the County's current minimum standards for such facilities. Any construction or relocation of facilities xvithin the Lands will be subject to pri6r approval by the County. Should the County require the Utility. to alter, adjust, or relocate its facilities from or within said Lands. the County hereby agrees to pay the cost of such alteration, adjustment, or relocation, including, but not limited to, the cost of a. cquiring appropriate easements. 2. The Utility shall have a reasonable right to enter upon the Lands for the purposes outlined in paragraph 1 above, including the fight to trim such trees, brush, and growth which might endanger or interfere with such facilities, provided that such fights do not interfere with the operation and safety of the County's facilities. 3. The Utility agrees tv repair any damage to the County's facilities and to indemni~' the County against any loss or damage resulting from the Utility's exercise of its fights as outlined in paragraphs 1 and 2 above. 4. These terms and conditions shall be attached as an addendum to the permit, if an>', required by the County for relocation of the Utility's facilities within the said Lands. 5. This Agreement is not assignable except to the State of Florida for the use and benefit of the County in connection with the Utility's installation and maintenance described above. AC~:NDA ITEM. IN WITNESS WHEREOF, the parties hereto have executed this Agree ~en~n the day/(,t and year first above written. SEP 2 ~ 2002 EXHIBIT SHEET 3 OF 3 AVESMT200 ! -AR659 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK. Clerk; COLLIER COUNTY, FLORIDA BY: - , Deputy Clerk Jim Coletta, Chairman Approved as to form and legal sufficiency: Patnck~Tv'hne Esqu Assistant County Attorney Signed. sealed and delivered FLORIDA POWER & LIGHT COMPANY. in our presence as witnesses: a Florida corporation ESS (signature) Name and Title:-~0. ffl/l -[~,,) ~Sg Leslie Richards fF cf. Name: (Print or Type) WITNESS (Signa~e) Donna M. Rod baugh Name: (Print or Type) STA~ OF: ~ CO~TY oFPalm Beach ~le foregoing Subord~ation of Utility ~te~ ~ ~owledged before me by of Flo~da Power Light Comply, a Flofi~ co~oration,~] ~o~y ~o~ ~r ~] produced ~ ~ Type of identification produced ~ ] ~ ~ESS my hind md o~cifi seal ~s/~Y (Affix notary, seal) My Commission Expires: PETITION FOR THE EXTINGUISHMENT OF PUBLIC DEDICA'I~D EASEMENT RECORDED BY SEPARATE INS~IKUMENT 1N THE I?UBLIC RECORDS (OTHER THAN ON A SUBDMSION PLAT) ON UNPLATIIZD · ~ LAND OR PLATTED LANDS, EXCEPT FOR PUBLIC ROADS Date Received: ),~,-,~,,,.~ ~1; ~'~,'~t Petition Petitioner (Owner):G-4 Partnership. a Florida general t)artnershi~ (Pfinci_vals of which are Lamar (}able and Frances G. Villere). Harold S. Lvnton. Juliet C. St~roul and Katherine G. St)roul, Trustees for the benefit of Juliet C. St)roul, and Barr0n Collier III Address: 9,600 Golden Ga__t_e Parkway Telephone: 941-262-2600 City/State:~ Zip Code: 34102 Agent: ¥oune, van Assenderp, Vamadoe & Anderson, P.A. Address: P.O. BOX 7907 Telephone: 941-597-2814 City/State: Naples, FL Zip Code:~4101-7907 Location of Subject Property: Southeast Comer of intersection of Goodlette Road and Immokalee Road Location: Section 27 Township 48 South ...Range 25 East Legal Description: See Exhibit "G" Attached. Official Record Book 805 .Page(s) 755-757 Reason for Request: There will be a simultaneous Grant of Easement for a new drainage. easement to replace the one being vacated. Current Zoning: PUD Does this affect density? No I hereby authorize agent above to represent me for this Petition: Yes x No Lamar Gable C~neral Partner critic) Prim Name D~c Sigmm~ of Petitioner (Owner) Harold $. Lymon Trustee Print N~c SEP2 2002 Signnmr~ of Petitioner (Owner) Date Katherine G. Svroul Trustee Print Nnme (Title) Signamr~ of Petitioner (Owner) Date Ban'on Collier III N/A- indivi~.~ly Print Name (Ti tie) Signature of Petitioner (Owner) Date Frances O. Villere General Partner Printed Name ('rifle) Signature of Petitioner (Owner) Date Do~-s O. Keller General Partner Printed Name (Title) Signature of Petitioner (Owner) Date Phyllis O. Alden General Partner (Title) Printed Name SEP 2 ~ 2002 Juliet C. Svroul Trustee (Title) Print binme Dnte Signatu~ of Petitioner (Owner) Katherine G. Svroul Trustee (Title) Print Name Si~natu~ of Petitioner (Owner) Dat~ Barton Collier III N/A - individually (Title) Print Name Signature of Petitioner (Owner) Date Frances G. Villere General Partner (Title) Printed Name Signature of Petitioner (Owner) Date Do,ha G. Keller General Partner (Title) Printed Name Signature of Petitioner (Owner) Date Phyllis G. Alden General Partner (Title) Printed Name F:\usets\dhc\dph\cteekside commerce pm. kLEasemcnt Modification\petition tO vaca~c.wpd SEP 2 q 2002 Signnture of Petitioner (Owner) Juliet C. Sproul Trustee criuc) · ~ 0~- 0=2 - o/ ~i 0ncr ( Ov~mcr'T' I [}ute Katherine G. Svroul Trustee cnt~c) Print Name Dnte Si[nature of Petitioner (Owner) Ban'on Collier III N/A- individually Clqtle) Print Nnmc Signature of petitioner (Owner) Frances G. Villere General Partner (~l"itle) Printed Name Date Signature of petitioner (Owner) Do_n_na G. Keller General Partner ('l~itle) Prim t~l Name Date Signature of Petit/oner (Owner) phyllis G. Alden General Partner _ ('Title) Printed Name SEP 2 ~ 2O02 F:\users\dhc\dph\crcekside commerce park\Easement Modification~petition to vncnte.wpd I~. C~(~. Si~n~u~ of Petitioner (Owner) Juliet C. Sproul Trustee (Title) Print Nam~ Date Signnture of Petitioner (Owner) K~therine G. Svroul Trustee Print Name Date Sign~m~ of l~i~oner Bn_,'ron Collier III N/A - individually O'itle) Print N~ ~a~ of Pe~ner (~er) D a~ Frances G. Villere General Partner ~rinted Name Cl~itle) Signature of Petitioner (Owner) Date Dorma (}. Keller General Partner critle) printed Name Signature of petitioner (Owner) Date Phv~s G. Alden General Partner ~rint~:! Name Clitle) Signature of Petitioner (Owner) Date Juliet C. Sproul Trustee Print Name (Ti tlc) Sip~tur~ of PetRiorgr (C)~ner) Date Katherine O. SprQul Trustee ~int Name (Ti tic) SigAam~ of Petitioner (Owner) Date Ban'on Collier III N/A - individually -- (Title) Print N~,ne · Signature of Petitioner Date Frances G. Villere General Partner Printed Name ('~itle) Signature of Petitioner (Owner) Date Donna G. Keller General Partner ~rinted Name ('~itle) Date Signature of Petitioner (Owner) Phyllis G. Alden General Partner ~iated Name ('Title) SEP 2 2002 F:\usgrs~hc\dph\creekside commerce park\Easement Modification\petition to vacatc.wpd I~ ~ Date Signature of P~itioner (Owner) Juliet C. Sproul Trustee (Title) Print Name Signatu~ of PedQongr (Owner) Date Katherine (3. Sproul Trustee (Title) Print Name Da~e Signature of Petifione~ (Owner) Barron Collier III N/A - £ndivi&aall¥ (Title) Print Name Signature of Petitioner (Owner) Date Fr,nces G. Villere General Partner Printed Name ('~itle) Signature of Petitionel~ (Owne) Date Dopna G. Keller General Partner (Title) Printed Name Signaature of Petitioner (Owner) Phyllis G. Alden General Partner Printed Name (Title) SEP 2 ~+ 2002 F:\usets\dhc~,dph~c~eekside commerce park\Easement Modificntion\p~fition to vncate.wpd i~._(~q Signature of Petitioner (Owner) Date Juliet C. Sproul Trustee Print Nnme (Title) Signature of Petitioner (Owner) Date Katherine G. Soroul Trustee Print Name (Title) Signature of Petitioner (Ow'ncr) Date Barton Collier III N/A - indivi~haally Print Name (Title) Signature of Petitioner (Owner) D ate Frances G. Villore General Partner Printed Name (~itle) Signature of Pe~i~/oner (Owner) Date Donna (3. Keller General Partner Critle) Printed Name , - ~Phvllis G. Alde~ General Partner critle) Printed Name Official Receipt- Collier County Board of County Commissioners CDPR1103 - Official Receipt tTrane Number Date I Post Date I Payment Slip Nbr 257059 04/1012001 9:03:26 AM 04/10/2001 AR 659 Appl Name: YOUNG, VAN ASSENDERP, VARNADOE & ANDERSON Appl Stage/Status: COMPLETENESS STAGE/PENDING Address: P.O. BOX 77907 NAPLES FL 34101-7907 Proj Name: CREEKSlDE COMMERCE PARK Type: TAZ: 36 Subdiv Nbr: 100 Project Nbr: 19990102 Payor: ADMIN OP/BARREN COLLIER Fee Information I Fee C°de I Descripti°n I GL Acc°ant I Amount]Waived 12TRVC REV ACCT/VAC EASEMENT-ROW 10116361032910000000 $1000.00 Total $1000.00. Payments Payment Code ]Account/Check Number Amount CHECK 2300 $1000.00 Total Cash $0.00 Total Non-Cash $1000.00 Total Paid [ $1000.00 Memo: Cashier/location: FROLOFF_E / 1 User. SMITH_G Collier County Board of County Commissioners SEP 2 ~ 2002 CD-Plus for Windows 95/NT IL/~::::":: I:1 ~'"'"'"'"" '"" '. I , ! I~ Ii,,,,,,, 14f~~ ::1'.'.'.::1 '.lziilrl' = , [ I1~ IR: ~1~,,,,,,, I,i,'! '1'~"'1 ~'.' 'T '"'L'll,k:l ' ~l I~, ,,! ~,,,,,,, ,,,i,tili' ~,,,, I.,, il, l",,, ,~,, I:1 [::,/~1~: :,,~ ~1~: :,/~1~: :,,~ ~l,::,,~,l'"'.l ~ii~1~1~, ,., I,~! r "1' 'T 'T "1 "P 'r'l I ......... , . I~ - i ,.I ~, . , ., ,,, ~ ,- ~, I! !_. ~ ill, ,,,._.il.iiii.,,,..l. i nmm~l: ,~1.1~,~1l- ,,lll~I~~il:; ..... I , , t 41 , ~t -?-.~,.~z-,,~ ! ":1 77 ""'~~~--- 'h. i I ~'i .'. : ,' -- ,..~[~ · : , . "~-:"' .;'ii' ,'~"i' : , I I · i.:,, .al". 'i~ ' ' ~"' ," ' .' ' ? _~ ~ ;; ......~r- c::::~ ~_: ' ' SEP 2 ~ 2002 FEB - 1 200 R. BRUCE: ANOE~N J ~ , CLAY C. BROOKER IL'XlI..,...~~ '-' T~HA O. BUFORO Naples ~,~EE, FLOmO* 3~30~-1833 DANIEL H. Cox TIMOTHY S. F~NKLIN TELEPHONE (850) ~-7~06 O~wo P. HOPSTE~R' TELEC~IER (850) 561-6834 C. ~URENCE KEESE~ SuNTRusT BUlLO~NG ~ORGE L. V~N~OE PO~ OFF~CE BOX 7907 ROY C. YOUNG N~LES, FLORIDA 34101-7907 TELECOPlER (941) 597- IO60 ~ co....~ ~,u~y 24, 2001 DAVID a. A,J. J~ 5PALLA " M~. ~d ~t, P.E., Dkecto~ Tr~po~fion Dep~cnt Request fo~ Le~c~ of~o Objection to Petition to Vacate D~nagc ~ascm~nt Located tn To--ship 48 South, R~ge 25 ~t, Section 27 G~t of Replacement E~cmcnt Dear Mr. Kant: Our firm represents the owners of the Creekside Commerce Park property located at the southeast intersection of Immokalee and Goodlette-Frank roads. The clients' predecessor in title, Collier Development Corporation, granted a drainage easement to the County per that grant of easement recorded in Official Records 805, Page 755 of the Public Records of Collier County. Our client would like to relocate a portion of this drainage easement in order to facilitate development of its property. A replacement easement will be granted to the County in exchange for vacation of the existing Easement. Sketches of both the original and rcplacc:ncnt cascrncnt are. a~ached. The County has requested that we obtain a Letter of No Objection from you to be included with our Petition to Vacate the existing Easement. In February of 1999, we petitioned for a Vacation and Grant of Replacement Easement for portions of this same drainage easement located south of the easement subject of this request. Your review at that time indicated that there were no objections and you issued such a Letter to us. Please provide the letter of No Objection to us before February 10, 2001. If you have any questions, please feel free to call the undersigned. Thank you for your prompt attention to this matter. ~h~ii~ ylurs' Daniel H. Cox DHC/sek SEP 2 q 2002 Enclosures as noted I~. I have ~:~. bjection? to the p,~ s~ed~Vacation and Grant of Replacement Easement. Mr. Ed Kant, P.~., ,ly}tS~tor Transportation De~/nent G:\users\dhc\dph\creekside commerce park\Easement Modification\Lit to Kant 1-24-01 .wpd SEP 2 ~ 2O02 JAN 3 0 2~1 Yomvo, v.A_w ASSENDEHP, VA]~'ADOE (~: ~ERSON, R A. R E C E I V E O R. B~uc¢ ~OE~SON ~Ll~'S H~L T~-~ O. BUFORD Naples PO~ ~FIC[ BOX 1833 OANtEL H. COX T~¢, FLORIDA 3~30~-1833 TIMOTHY S. F~NKLIN TELEPHONE (850) ~-7~O~ DAVID P, H~STE~ERe TE~ECO~IER (850) 561-6834 C. ~URrNCg ~gS¢~ KEN~ VAN ~NDER~ SuNTRU~ BUI~NG GCO~eE L. V~N~OC 8OI ~UREL O~ DroVE, SUITE 3~ PO~ ~r~CE BOX 7gO7 ROY C. YOUNG N~LES, FLORIDA 341OI-7907 TELECO~IER (941) 597-I~O o, co~.,,~ ~u~y 24, 200] DAVID B. E~IN ~o~ R. Houldswo~, Se~or ~nsinc¢r Collier Co~ ~nsinecdn8 Review S¢~iccs 2800 No~ Ho~cshoc Drive Naples, FL 34104 Request for Lc~¢r of No Objection to Petition to Vacate Dr~nasc E~¢m~nt Located in To--ship 48 Sou~, E~8¢ 25 ~ast, Section 27 Collier Coun~ Flo~da ~d Or~t of Replacement ~¢mcnt D¢~ ~. Houidswo~: Our ~ rcprcsents ~c o~¢rs of ~ Crecksidc Co~¢rce P~k prop¢~ located at thc sourest intersection of I~okalee ~d Ooodle~e-Fr~ roads. ~ clients' predecessor in fitl~, Collier D¢vclopmcnt Co~orafion, 8ranted a draina~ e~cmcnt to thc Coun~ per that ~r~t of c~¢mcnt recorded in O~cial ~¢cords 805, Pa8c 755 of thc Public ~ecords of Collier Co~. Our client would like to relocate a potion of t~s drainage ¢~ement in order to facilitate development of i~ propc~. A replacement ¢~cment ~l] be ~ted to thc Co~ in exch~ge for vacation of the ¢xistin~ ~cment. Sketches of both ~¢ od~nal ~d replacement casement ~¢ a~achcd. The County h~ requcst¢d that w¢ obtain a Letter of No Objection ~om you to be included ~ o~ Petition to Vacate ~c cxistin~ E~cm~nt. In Feb~ of 1999, we p~titioncd for a Vacation ~d Or~t of Replacement E~cment for potions of ~is s~e ~aina~c e~¢m~nt located south of ~¢ ¢~¢ment subject of this request. Yo~ review at ~at time indicated ~at ~cre wcrc no obi ¢ctions ~d you issued such a Le~cr to us. Plebe provide ~ l~er of No Objection to us before Feb~a~ 10, 2001. If you have ~y questions, ple~c fe~l ~c¢ to call ~c undersigned. Th~ you for your prompt a~¢nfion to ~is ma~¢r. Si ccrc} yo s. D~iel H. Cox - ' DHC/sek SEP 2 2002 Hnclos~es as holed ~ I have no objection to the proposed Vacation and Grant of Replacement Easement. John--~. Houldsworth, Senior Engineer Collier County Engineering Review Services Al SEP 2 ~ 2002 YOUNG, VA_N A$$ENDERP, VAH1VADOE ~ ~DEHSON, R A. j&~ S ~ 2~ ~L~E'S H~L R. BRUCE: ANDERSON E~ ~UTH ~ANS ~TR~[T. ~UI~ EOO CLAY C. BROOKER POST ~r~C[ BOX 1833 T~,A O. BUrORD Naples T~H~E. FLORIDA 3~30~-1833 TIMOTHY S. FRANKLIN T[LECO~IER (850) 56t-6834 DAVID P. HOmSTE~ER" C. ~URENC~ ~[SEY SuNTRU~ BUILDING KENZA VAN ~[ND[RP 801 ~UREL O~ DRIP, SUITE S~ GEORGE L. V~N~OE PO~ Orr~C[ BOX 7907 ROe C. YOUNG N~LZS, FtOmOA 3410~-7907 TELEPHONE (9411 597-2814 · Bo~v C~zv Rz~ ~[ ~[~ TEL[COmER ~941) 597-I~O ~ co~..,~ J~ 24, 2001 DAwD B. ERwlN A.J. J~ Se*c~ Jo~ Boldt, P.S.M., P.E., Director .. Collier Co~ty Sto~water M~agement 3301 E~t T~i~i Trail Naples, FL 34112 Request for Le~er of No Objection to Petition to Vacate Drainage Easement Located in To,ship 48 South, R~ge 25 East, Section 27 Collier Co~ Florida and Gr~t of Replacement E~ement Dear Mr. Boldt: Our firm represents the owners of the Creekside Commerce Park property located at the southeast intersection of Immokalee and Goodlette-Frank roads. The clients' predecessor in title, Collier Development Corporation, granted a drainage easement to the County per that grant of easement recorded in Official Records 805, Page 755 of the Public Records of Collier County. Our client would like to relocate a portion of this drainage easement in order to facilitate development of its property. A replacement easement will be granted to the County in exchange for vacation of the existing Easement. Sketches of both the original and replacement easement are attached. The County has requested that we obtain a Letter of No Objection from you to be included with our Petition to Vacate the existing Easement. In February of 1999, we petitioned for a Vacation and Grant of Replacement Easement for portions of this same drainage easement located south of the easement subject of this request. Your review at that time indicated that there were no objections and you issued such a Letter to us. Please provide the letter of No Objection to us before February 10, 2001. If you have any questions, please feel free to call the undersigned. Thank you for your prompt attention to this matter. Sincere/¥ yours, Daniel H. Cox SEP 2 2002 DHC/sek Enclosures as noted have no objection to the proposed Vacation and Grant of Replacement Easement. John p/oldt, P.S.M., P.E., Director Colli~t' County Stormwater Management SEP 2 ~ 2002 IM~G~I: FL-01-1267-2 01/31/2001 08:08:03am l)age 2 of 3 or . 805PAOE ?GL L%llIliT "A' REC. Florida and being ~re particularly .e?r!.~ ~ ..... I- 48 South ~ ~ ~ ~1~ ~ BEGINNI~ of ~*'lG-a~,-37'' bst ~0.~  ~ 31'-i4'-2~' hst J7~.11 bth k7 '~ - ~st 115.m ~ ~h 1~'21'-I~' ~t ~1.17  ~k 57"a~"37' bst 43.35 ~ ~h )1e-14~-~. bt ~0.17 ~ il~ Mid RIgK~ 1IN ~Kh 69'~'-I~' [~sC ~.55 fit~; I.~ fMt M tb hint of ~l~i~ of Krl~i ' IMAGE01: FL-01-1267-2 01/31/2001 08:08:03am Page 3 of 3 · OFF:. I HI:RE~CEITL~ that on rids dly. bofaro mo. &n offklr duly eMborlsod in the Item ind Gounq 8~,~MId to tiko asok~owkKIgmeate, ImrmmdlyepputrodNMuon&. lim'eu oM J, J, (3re'roman NJlktwwn to Ino to bo tho ProlMont and M(mKiry ro~pootWoJy of tho (mllmmUoa Ndeed is grantor In the kregomv Grant of heement, and that they aeverMly acknovd~ exec~log the eame In the Keeenoe of two aub- icflbl, ng wJtnollee froely and voluntarily Ulder autboflty duly vow in [-m~m~mm~ 2 ~..?..~, SEP 2 ~ 2002 - EXECUTIVE SUMMARY APPROVAL OF AN IMPACT FEE REFUND REQUEST TOTALING $40,945.75 OBJECTIVE: To obtain Board of County Commissioners approval of one (1) Impact Fee refund request totaling $40,945.75. CONSIDERATIONS: On June 26, 2002, Collier County issued a Certificate of Public Facility Adequacy to Sherwood Park Joint Venture/Gulfcoast Communities, Inc. for 96 residential units on 29.6 acres in the Sherwood Park PUD (COA # 02-3636).' The developer pre-paid estimated impact fees in the amount of $523,184.95. Said funds were deposited into a Collier County escrow trust fund to be applied to future building permits. Application of escrowed funds to a building permit is accomplished by submittal by the developer of an Application for Certificate of Adequate Public Facility (COA) Escrow Account Credit. On August 30, 2002, the County issued two building permits to the developer's builder, Pristine Homes, for an eight-unit condominium building and eight-bay garage (Building Permit #s 2002023933 and 2002023934, respectively). The impact fees for the two permits totaled $40,945.75 as itemized in the Fiscal Impact section below. Due to a miscommunication, the builder paid the applicable impact fees by check rather than obtain the requisite application form from the developer and submit it to the County at the time of building permit issuance. As a result, the impact fees were paid to the County twice for the above building permits. Earlier this year, the Board gave direction that refunds are not to be authorized in future cases where developers fail to use available impact fee credits for land donations or infrastructure contributions pursuant to developer contribution agreements. This is not one of those cases. In this case, the developer made a pre-payment, in cash, of impact fees for the purpose of obtaining a COA. By the builder mistakenly paying the impact fees by check, the fees were literally paid twice. Pristine Homes is a small construction company doing business with the developer and is experiencing sever financial hardship due to this situation. SEP 2 q 2002 Impact Fee Refund from Escrow Page 2 FISCAL IMPACT: The recommended impact fee refund will be transacted as a debit entry in the Impact Fee Escrow Trust Fund. The specific impact fee amounts are itemized below: Road Impact Fee - $12,096.00 Community and Regional Parks - $ 6,566.72 Library- $ 1,712.00 Correctional Facilities - $ 943.84 Emergency Medical Services - $ 744.00 Fire- $ 2,148.15 Educational Facilities- $ 6,616.00 Water/Sewer - $10,119.04 Total: $ 40,945.75 Whereas, the amount on deposit for the applicable COA exceeds the amount previously paid for the subject building permits, this refund will not adversely affect capital project funding. GROWTH MANAGEMENT IMPACT: Remittance of the requested Impact Fee refund will not adversely affect capital project funding. .... RECOMMENDATION: That the Board of County Commissioners approve the requested Impact Fee refund, totaling $40,945.75; and that the Board approve any related budget amendments that may be required. hillil~/R. Tinda~, Impact Fee Coordinator APPROVED BY: ~ Date: ~'//~ 7/t72- ;ommunity Development & Environmental Services Division SEP 2 2002 EXECUTIVE SUMMARY APPROVE COUNTY INCENTIVE GRANT PROGRAM (CIGP) AMENDMENT EXTENSION FOR LIVINGSTON ROAD FROM GOLDEN GATE PARKWAY TO PINE RIDGE ROAD (FM # 410003 1 54 01) PROJECT # 60071 OBJECTIVE: To receive Board's approval of the negotiated County Incentive Grant Program (CIGP) Amendment extension for Livingston Road from Golden Gate Parkway to Pine Ridge Road (FM g410003 1 54 01). CONSIDERATIONS: On February 21, 2001, the CIGP was created to provide grants to counties to improve a transportation facility which is located on the State Highway System or which relieves traffic congestion on the State Highway System. The Board of County Commissioners Chairman approved an agreement for the County Incentive Grant Program Agreement dated February 12, 2001 (Attached) which was due to expire on September 30, 2002. Due to the adding of decorative lighting and associated conduit system, FPL delays in relocating of their utilities, additional turn lanes and driveways due to adjacent developments, additional borrow material required due to the on site material being unusable, we are hereby requesting a time extension to February 1, 2003. Attached is the County Incentive Grant Program Amendment, from the Florida Department of Transportation, indicating said extension. ~.FISCAL IMPACT: There is no fiscal impact associated with execution of the amendment. If this ~-/~ ~~s ~ot e-~ecuted, the County may not receive state funds of up to $3,640,000.00 for this project. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the attached Amendment and authorize the Chairman to execute the agreement. SUBMITTED B~~~,d' ,~ Date: ~/,c //' 7' ''' 'Lynff, l~. Thorpe, P.E. APPROVED BY: v . - Date: Gregg R. Strakaluse APPROVED BY: . Date: Norm~fi E..Fede_r: AICP, Administrator Tran~ortation Division AGENDA ITEM SEP 2 tt 2002 STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION AGREEMENT AMENDMENT FM No.: 41000315401 County: COLLIER CHAIRMAN BOARD OF COUNTY COMMISSIONERS As of COLLIER COUNTY, FLORIDA Gentlemen: When signed by Collier County and the State of Florida, Department of Transportation in the places provided below, the following shall constitute an amendment to that certain agreement between Collier County and the State of Florida, Department of Transportation dated February 21, 2001, as in force immediately prior to the execution of this amendment (the "Agreement"): l. All expressions used herein, unl~.~ hare. in ~e.p~rate. ly defined, shall have the same meaning herein as in the A.greement. 2. Paragraph 2A, subparagraph (c) of the Agreement has been changed to read: 2 A(c) Construction contract to be completed on or before February 1, 2003. Except as expressly or by necessary implication modified hereby, all provisions of the Agreement shall remain in full force and effect in accordance with their terms but in the event of any inconsistency(ies) between the provisions of the Agreement and the provisions hereof, the latter shall prevail. SEP 2 2OO2 ACKNOWLEDGED AND AGREED TO: STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION BOAKD OF COUNTY COMMISSIONERS COLLIEK COUNTY, By, By Chairman - Distric! Secretary ATTEST: ATTEST: By_ (SEAL) By (SEAL1 Executive Secretary Clerk APPROVED AS TO FORM: LEGAL REVIEW: A,ssistan~O CoWry Attorney District Legal AGENQA ~TEM ~o.~t(~, ! - $£P 2 ~ 2002 '-"' Form 525-010-41 OGC - POLICY PLA.N~'/NG Page I of 9 Catalog of State Domestic Assistance No. __55008 Financial Project No.: 410003 1 54 01 COUNTY: COLLIER STATE OF FLORIDA' DEPARTMENT OF TRANSPORTATION - - cOUNTY-INCENTIVE GRA~NT--PROGR:4cM:AGREEMENT Yhi.;s is an Agreement by and between 'the STATE OF FLORIDA DEPAh[TM]ENT OF TRANSPORTATION, hereinafter refe~ed to as '~" ~ s ,, hereLn_m~er refe~ed to as the "COIhNTY". ~.,~ DE..-'J:'~TY2ENT, and COLLIEP. COU~'TY, WITNESSETH WI-{EREAS, the DEPARTMq~NT has the authority, under Section 334.044, Florida Statutes, to enter Lnto ~s Agreement~ W~AS, the County Incentive Grm~t Progran~ has been created by S~cdon 009.2817, Florida S~atutes, to provide grants to counties to ~prove a transpo~afion fac~ky which ~ toca~ed on ne o~e ~gnway System or wracn relieves tra~c congestion on the State fffi~hw~v Svstem- requ~'emen~s oz said Section 339.28 ! 7, ~ L,~a S~. =,s, and ~r~AS, the DEP~/~NT is vAHhng Io'proxSde the COD~Ty wkh' assist~ce under F~ciaI Project No 410003 1 54 01 ~or Lh~g~ton Road ~om Golden Gate ~o~, nerema~zer refe=ed to as the '?ROJ~CT,' ;m ~'o~.nce ~ ': 3=~.z~! 7, Florida c,o+,,+~- mhd ~~-/~ , ~, a copy of'W~ch ~ attached hereto ~d ' nmae a p~ hereof, author~ed the Chak~ of its Bo~d of Com~ssioners to enter [n~o tbJs Agraement. NOW, ~FO~, h~ comm~deration or,ha mum~covenmnts, - --: p, o.,~.e., mhd r~presentanor~ conta~ed here~ ~e pm~ies a~ee ~ follows:' I-SERVICES AND PERFORMANCE A. ~e COU~Y s~'~h ~e se~ces ~5~ wMch to co~ct the PRO,CT. S~d PRO'CT com~s o5 Li~gston Road ~om Golden Gate P~,ay to Phc ~dge Road, as ~her described ~ E~bit "A," attached hereto and made a pm~ hereof. ' AGENDA ITEM SEP 2 2002 Form 525-010-41 OOC - POLICY pLAN~INO Page 2 of 9 B. The COUNTY agrees to undertake the construction of the PROJECT in accordance with all applicable federal, State m~d local Statutes, rules and regulations, including COUNTY's standards and specifcations. The couNTY shall be respons~le for obtaining clearanCes/permits p,.rrm~tm~ authori/ies.~ Upon required for t_he conskmction of the PRO,CT !~om the appropriate - ;'; completionoftbe PROJECT; the COUNTY shall certify to theDEPARTME*xyl' that the PROJECT has been completed in accordance with the COU,-NTY'S standards and specifications. C. The DEPART-'XiERrr wi~J ~ entitled at a~ times to be advbed, at its request,' as to the status of work being done by 'r_he COU,LNTY and of the details thereof. Coc_.,rd;mat;~on shall be maL-~XaLned by the COIJ~'NT¥ with .... " . ~*~ DEPARTMENT. D. i) The DEP,~TIM3~Nrf must approve any consultant mn.d/or contractor sc. ope of adx em~m~ by the COUNTY. All work to be perforated under thb A~reement is to services prior to ' ;~; ~' - be in accordmnce with the requirements listed in lB hereinabove. i0 The DEPART-'x~krl''s approval must be obtained before selecth, g any consultant and/or contractor for the PROJECT. The COU,-NTY must codify that the consultant has as '*' ~ ~--~.-~ ,oeo:near,on r,~ Ro~.o z:r~dge Construe:ion (2000), a: arr.~enaea. E. The COI-J2',r-fY shall not sub!:t, ~s:gn or ...... *r ~ny work :~nder wkhout prior written ~' ~-,' of the DEP-~RT~fENT- F. ^11 --,*; ...... -~o-*~'1~ ~ ..... ~'-' -~'~ Loc 'J: .... .~ . .~ .e^,~ .... TO DEPARTSiENT: TO COUNTY: ~. Paul Theberge, P.E. ~,fr. I~tch .-~il,.y, P.E. Resident Construction F o',, ~ Tr~..nspo~z-tion En~,neering ~n=me~r Florida Department of Transportation Construction Management Depm'-w.~ent P.O. Box 789 3301 Tarr,~ami Trail, Bldg. D ' -'; Florida 341!2 Fo~ M~.~. ~, Florida ~ ~ ~'"? N 2-TERM A. The COI_JNrrY shall commence the PROJECT activities subsequent to the execution of this Agreement and sbmll be performed in accordance with the follo~ing schedule: a) Design to be completed on or before N/A " AGEND& tT~M b) Construction comract to be let on or before __May 1, 2001 ~o._ [ (~ ¥'% / c) Construction to be completed on or before .September 30, )02. SEP 2 ~ 2002 B. This Acreement shall not be renewed. Any extension shall be in v,.ziting a?t executed~. by both parties, and sl~all be subject to the same terms and conditions set forth in this l~.ment.. ~ Form 525-010-41 CCC - POLICY PLA,\W~.~G Page 3 of 9 3-COMPENSATION AND PAYMENT A. The. DEPARTMENT agrees to a maximum participation, in the amount of 7i-IREE MULLION SIX HUNDKED FORTY THOUSAuX,rD .-MN-D NO/i00 DOLLAR~ ,($.~,640,000.00). The COUNTY agrees to bear a!l expenses in excess of the DEPA_RT*{ENT's ......... parti¢ipation~ 0 · The-couhrI'y shall SUbmi.___.~t on_~-e invoic&-(3 cOpies) plus supporting documentation required by the DEPARTMENT to the Project Manager I0r apPrOval and processing." ' ~ i' .~s~~.~p~K~j~C~lSas¢~ tSeemaccepte~Lb~:the" COUNTY and" ar>r~ ov d bv 'the'- Am): pro,Asions for mu advance pas.merit are provided 'k-~ mu Ex~kibit to tkis agreement. In the event the COUNrI'Y proceeds with the design, ~',.o?.st, u,.tion." ' '" ' . mud engineering inspection sen, ices (CEI) of the PROJECT with ks exam forces, the COU_~'TY wfflI only be rein~bursed for direct costs (th/s excludes general and administrative overhead). f~0 .42l costs charged to the PROJECT shall be supported by properly executed payrolls, tinge records, invoices, contracts or vouchers exSdencing in proper detail the nature mud propriety of the charges· . ~,~.,-~i... C. The DEPARTh~N-F sha~ have the right to retain out of any p~5:ztent due the COD-NTY under th/s Agreement ~ mmo~t su~c/ent to satis~, tony mmomnt due mhd owLng to the DEP~T},~N~ by the CO~Y on any other Agreement ~tween the CO~'TY znd the D~T),.~NT. E. Ift~s contract Wolves m~ts of deliverables, then such u~ts must'be' received and accepted in v~t~g by the Contract M~ager pr~or to payments. F. The DEPUtY's obligation to pay ~der this A~eement is contingent upon mn ~u~ appropriation by ~e Le~slmure. G. B~ for f~s or o~er ~mpe~tion for se~ees or ey~enses shall be sub~tted in detail su~cient for a proper preaudit and po~audit thereo~ H. B~s for travel expenses ~ecffi~y authored by t~s Agreement shall b ~ sub--DAITeM mud paid ~ accord~ce wi~ Section 1 ] 2.061, Florida Statutes. No. !1~ ~ ~ SEP 2 2002 Pg. FonTn 525-01041 0~ POLICY PL~N2q~G Page 4 of 9 I. COUNTY proxdding goods and services to the DEPAKTIVIENT shoed be aw~¢ of the foHo~g ~e ~mmes[ Upon receipt. ~¢ DEPOneNT ~ five (5) wor~g days to ~pect ~d approve the goods ~d services, ~ess ~¢ A~eement ~¢Cifies othem~¢. ~e D~T~ ~ 20 days to deliver a request for pa~ent (voucher) to ~¢ Dep~ent ofB~g ~d F~ce. ~n¢ 20 days m-¢ me~ed from ~e la. er of the'date the ~voic¢ is r~eiv~d or the goods or services ~e~receNe~ ~pec~ed~ ~d- approved~I~pa}ment- ism°t~va~able~:40~days; ~sep~ate~ir~= p¢n~D' at a rate ~ emabHshed p~sumnt to S~aon 215.4.2(~)~), Florida Statutes, w~tl be due oayable, ~ addition to the ~voice mo,~t, to th~ COD~TY. Interest pen~fies of less thmn one (1) ~oH~ x~l not ~ e~orced uMess the CO.WY requests pas~ent. Inv0i~s wMch have ~o be renamed to the COD~WY because of COD~WY ~reoarat~on e~ors' ,~uH remak in a deny m .eh ....... . s .,.., a properly completed wr~o~ce is pa~ent. The invoice pa~nt ~ ~';~ .... t do not ~am .... provided to the DEPARTR~.RW. j. A Vendor Ombuds~ has been established wi'~ the Dep~ment ofBm~kng ~d F~ce. The duties oft~ ~dividu~ ~clude act~g ~ ~ advocate for ~ntractors/vendors who ~y be experienc~g problen~ in obtak~g t~ely pa)anents(s) ~om a state agency. The Vendor Ombu~m~ may b~ contacted at (850) 410-9724 or by ca.ag the State Comptroller's HotlSae. t - 800-848-3792. the DEP.~RT~'~NT upon reque~. Recor& of costs kncu~ed linc!uSes ~h~ COU~WY's gen:rg! ~ survortm= accountNg records ~d the project records, tozether with , n- ~ ~ documeras ~d records of the CGU~'TY and ail subcontractors perfo~ng work on the project, ~d all other records of the co~. L. ~e DEPA~RTh~NT, d~hg tony fiscal ye~, sh~l not eKoend money, fiqcur ~y of Iiabilky, or enter Nrc any contract which, h, '. ~.=~s ;,n,~.,-= ,5- e~en~'e of money 5n excess the remounts budgeted ~ ax, affable for expenditure dung tach 5sc~ ye~. -~y contract, verb~ or ~tten. ~de N ~5olmion of ~s'subsecrion ~ n~l and void, mhd no money w~y be p~d on contract. ~e DEP~R~~ sha~ re.kc a ~atement ~om ~e Comp~ro~er of ~e DEP~~~ that ~ ~e av~able prior to entering Nto ~y suc5 con=act or other b~dkng cotangent of ~ds. Not~ng herehq cont~ed sh~ prevent the ~g of contracts for exce~Ng one y~. but ~y ~n~t so ~de gn~ be executory o~y for ~e v~ue of~e se~Sces to be rendered or a~d to ~ p~d for N su~eedNg ~c~ ye~s. AccordNg~. the State of FIofida's perforce ~d obligation to pay under ~s ~n~aet is cont~gent upon ~ ~ual appropriation by ~e Legislature. M. A person or ~ate who h~ ~en pla~ on the ~nvict~ veMor ~ ro~o-~O con. etlon for a pubic entky c~me ~y not mb~t a bid on a contract to provide m y ~ds or ,e~s to a public emity, my not mbm~t a bid on a comraet ~5~ a pubic emiW for fi~e ~ ons~~ { 2002 or repak of a public buil~g or pubic wor~ my not sub~t bids on le~es of real p] ape~m pubic entiW. ~Y not be aw~d~ or perfom work ~ a mn~actor, mpp~er, subco ttractor, or coulter under a contract ~dth ~y public entiW ~d may not tr~sact bus.ess ~ ~y ,u~ e~t;~ Form 525-0 OGC - POLICY PLANNI~'G Page 5 of 9 in excess of the threshold amount provided in Section 297.017, Florida Statutes, for Category Two for a period of 36 months fi.om the date of being placed on the convicted vendor list. 4-INDEMNITY AND INSURANCE -A~ -i) .... To-the- extent: allowed=by-~Sectiorr-76 872 8;=Florida~Statute~_th_~:COUNTY hereby agrees to indenmify, defend, save and hold harmless the DEPA.R. TMENT and alt of its orncers, agents or employees from all suits, actions, claims, demands, liabilities of any nature wMtsoever arising out of, because of, or due to breach of t_b,/s A~eement by the COU~"NTY, its o~cers, aaents, emo!ovees. ,"~(hrh~rnr'gthl'c/c,,Brr',mt'~or-fm.,-c, negligent act or occurrence of omission or conm~ission of the COU~-N-TY, its o~cers, agents, employees, contractors/subcontractors, consultants/subconsukants. Neither COD~'Nq'¥ nor an;,, of ks o~cers, agents, employees, - / contracto,s, subcontractors, comu!tm:ts/subconsu!ta.,-Xs w/Il be Eable under this section for the negligence of the DEPARTlV~NT or any of/ts officers, aaents or employees. ii) The COUNTY aerees to include the followMg indenmLfication in ail contracts with contractors/subcontractors, consukants/subconsukants, who perform work in comnecfion , nolQ DEP.~T2,,~.NT m~d a~ of ks o~cers, ag~nis or ~m,.,m~,e~s ~om a~ suns. ~,.~,,m,~. act or occu~ence of o~ss~on or con~ssJon of the conlractor, ks o~cers, agents or employees. Nekher the contractor/consukm2 nor any o fits o~cer% agents or emDIo-~ees ~- - · ~ ~,~, ,.~ ~.on ,~, ~,~e~ arising out of injury or amnage to perso2~ or omcers, agents or employees." B. LIA3ILITY ~SU~NCE. ~e CO~TY shall c~, a~d keep h force d~Lng the period ofti~s A~eement a general Iiab~ty ~rmnce poScy or poScies x~4~ a company or auZhor~ to do bus.eSs ~ Florid~ afford~g public liableW ~s~ance ~4th comb~ed bo dily injuu' l~ts of at least $100,000 per person and $300.000 eacln oc~..nc~. ~d p, op~. ,} d~age of at le~ $50.000 each occu~ence. ~%r ~ s~n~ces to b~ rendered ~ accordance ~4~ A~eement. In addition to ~y o~er fo~z ofbz~c~ or ~nds r~qukM under th~ t~ of the ~r~ment. when it ~cIudes con~ction x~4t~u the ~ts ora r~°ad right-of-wa~ the COUNTY m~t pro,de or ~use its con. actor to pro~dde ~sur~ce ~verage ~ accor~ce x~4th Section 7-13 of ~e DEP~T~'s St~d~d Spec~cation for Road ~d Bridge Construction (2000). mended. C. WORKER'S CO-MPENSATION. The COUNTY shall also carry mud k Worker's Compensation insurance as required for the State of Florida under th, : ~'~o'Ae,'s!'~-_%', / __ Compensation Law. S-CO , Pr Z.4NC WZTF/r4ws SEP 2 .4,. The COUNTY shall allow public access td all documents, papers, Iette~ Form 525-0 I0-41 OGC - POLICY PL.~X,~"NINO Page 6 of 9 material subject to the pro-dsio~ of Chapter 119, Florida Statutes, and made or received by the COUNTY in conjunction with this A~eement. Failure by the COUNTY to ~ant such public access shall be grounds for immediate unilateral cancellation of this A_m-eement by the DEPA.RTM:ENT. B. The COL~'TY sba. a!! comply with all federal,' state and local laws'and ordinances ~applicable to-the-work-or-payment:forw°rk thereof,-andshalI-notdiscriminate onth~ ~m-ounds ofrace; color, religion, sex or national origin in the performance of work under this Contract. C. No funds received pursuant to this Agreement ma5' bs expended for lobbying the ~; ~ ', "o judicial branch, or a ~:ate _= .... .. D. The COUNTY mud the DEP ARTM:ENq' agree ,h=t ..h~ COL'LNTY, ~ts employees, and subcontractors ~e not agents ot the DEPARTMENT as a re~_,.it oftta_:,s Cn~.-~c* *~,~ n,,,-,,~,s~s than those set out in Section 337.274, Florida Statutes. E. Recipients of~ate "'"~ '-~ ' ka-:e audits done using .,.e :ouo ,~mg criteria. S[a,e awards will be ioentmea using the Catalog of c, tme F~anciaI Assistance (CSFA) rec.ipiefit must have a state singie or ,,ro~ra_m specific audit con&.]cted in ~ ~n~ ,,,,~'~ ":-'- ~'" Florida Statutes, and Chapter 10.600, Rules of the Auditor General. Ifa recir)ient expends less ti,an $300,000 in State awards duri-ng its fiscal 5'ear, mu audit conducted - lv.6vU~ ~ accordmqce w.~ Section 2~.97~ ~iorid~ $~u,e., ~n~ Chap~er R~les oz .~e .... '-~- $.~0v,vv0 L-i State during its fiscal year and elects to have an a,adk conducted in accord--race with Section 215.97, must be p~-:d ~om non-State ~ands. Rep6rt~g Packages and rnanageinerX letters generated ~om audits conducted in accordance with c'~.o~,,,~..- 10.600, Rules of the Auditor GeneraI shall be Section 215.97, Florida Statutes,~and .... v--- submitted to t~e awarding FDOT office, by the recipient, within 30 days ofreceix4ng it. The ~ore mentioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. AGFtt, N ,l~ IJEM No._ El. h ! - -- SEP 2 2002 Pg- C~ Form 525-010-41 OGC - POLICY PL/uN~'ING Page 7 of? The recipient s~I follow up ~d t~e conective action on audit ~d~gs. Prep~ation of a sm~ schedule of prior ye~ audit ~d~gs, ~clud~g co=ective action ~d c~ent status of the audit ~d~g is requ~ed. Cu=en/ye~ audit ~d~ngs requ~e corrective action ~d status of ~d~g. ~roject-record~ shallbe~ret~ed:~d available: for a~leastS:ye~o~the-date~h~udi~Te~-~ msued. R~ords rehted to ~esolved audit ~d~gs, appeals, or ~tigation sh~l be reta~ed unfiI the action is co~leted or ~e dispute is resolved. Access to project records ~ud audit workp~oers shall be ~' ~ _n ~n FDOT, the Comp~oHer, mhd the O~ce of the Auditor General. The recipient shMI submk requfi-ed aud{t documentation as folbws: A Fh~nc~al Repo~g Package ofaud~s ann~-n~c~ iq ~r~ ~th Section 215.97, 5ta~u~es, and Chaplet lO. d00, R_f~s of ..te Aua..or General shall 0e sent to: State of Florida Audkor General Arm: Ted I. Sauerbeck Room 574, Claude Pepper Build~g i I 1 West Madison Street A Tkis Contract may be canceled by the D ~ -' ~ ' · ' · ' EPA_R l/XIE. N T m ~moie or in part at tony rime the interest of the DEPA~T!v~NW requkes such ter~afion. The DEP.~~ a~o resem,es the fi~b.t to seek ~erm~;~ or c~mo~*;~ ~¢+h;~ A ~~+ :~ +h~ ..... , ,u~ ~r ~Xr -u , tern~nate or cm~cel tins A~eement ;n the event ~ ~+ - ., - ~mgr~ .... is made ~or me behest of creditors. TkJs Con~ract mey be emnceted by the CO~TY upon (60) days ~itten notice to the DEP~T~W. B. If the DEPART1VfENT determines that the performance of the COD-NTY is not satisfacto~; the DEP~RTM]ENrT shall have the option of(a) L,'ru-nediately te.._.':nina~ng t~he A~ee,:nent, or (b) noti~iug 'due COUNTY of the deficiency with a requirement that the deficiency be corrected ,Mthin a spec/fled t/me, otherwise the Agreement will be term{n~ted at the end of such time, or (c) taking whatever action is deemed appropriate by the DEPARTMENT. · C. If the DEPARTMENT requires term/naiion of the Agreement for reasons other than unsatmfactory p..rformance of the COUNTY, the DEPARTM]5;.Nrr shall notify the COUNTY of such termination, with instructions to the effective date of termination or specify the mage work at which the Agreement is to be terminated. · D. If the Agreement is terminated before performance is completed, [2 2002 be paid only for that work satisfactorily performed for which costs can be payment, however, may not exceed an amount which is the same pe~'centage Fo.-n 525-9! 04! OGC - POLICY PLA~N~INO Page $ of 9 the amomnt of work satisfactorily completed is a percentage of the total work called for by tMs A~eement. All work in progress will become the property of the DEPART_ME-N7 and vSlt be turned over promptly by the COUNTY. ' 7-MISCELLANEOUS A. Ail words used here'2~ in the singular form shall ex-tend to mad mclude me ¢lurak Ail words used in the plural form shall extend to mad include the sing"alar. All words used in any gender 's_ha!l ex'tend to and include all genders. o. The DEPAP-Tixx'~NT shall ~* ~'° "~'"~'~ or liable hereunder to any Dm'fy other ,'.he COD~-NT¥. C. In no event shall the m~:ing by the DEPARTNr~NT of any pasanent to the COUNTY constitute or be Construed as a wrdver by the DEPARTMENT of any breach of covenant or any default which may then-exist, on the Cart of the COUNTY, m'~d the making of such pay,'ment by the DEPARTMENT while any such brea~h or default exists shall in no way impak or prejudice any right or remedy available to the DEPART*lENT with respect to such breach or default. r~ T!-Js '~ ..... -.~-,+ ,--~or orat~s -m:d ~ncludes ~ pr:or' -' -- ........ :: ..... ~i~:~v~ to tr~e matters contained herein, ar.,d ~...~,~,_~r. ..... , ~ -' ,. .... - .... ~ +ho s:,b{~ pa,-xles .-...-~,.,. :~c :~,~.~. are no cornrn~.rmen~-s, agreencen~s or nnder~a-_..wimgs ,-ratter oft~s A~eement t,..-~:- ~e ............ ~_~,~ ,,~, - o~ ~ ~l ,--~;~o*"d upon any .~rior representation or a~ ...... deviation from r_he t~..~ In .... of ~h_ll be v'- -a;nether oral or v, vitten. It is f~her ~ ~r~-d that no modification, ~_mendment or alteration in'the E. If any pat oftkis Ageement sba5 be deterrrdned to be ~valid or unenz%~ceable by a court of competent j,~is~ction or by any o~er legally constitu',-ed body hax;mg the j'-~isdiction to make such determination, the remainder of 5~Js Agreement shall re,main in ~!1 force and eft'e'er provided that the pm of th'is A~eement thus invalidate~ or d~clared uner£orceable is not material the k,_,,'.ended operation oft!tis A~eemen,'.. F. T'nis Agreement shall be governed by and construed iv. accordanze ',~4th*.he laws oft.he state of Florida Venue of any judicial proceedings arising out of tbJs A=m-eement shall o,. in Leon County, Florida O. This A~eement shall be effective upon execution by both partie~ and shall c~o~t~n~ue ~n effect and be binding o-n the pa-ties until the PROJECT is completed and accepted and payment maae AGEND,~ ITl' by the DEPAKTIvI~NT. No. · H. An entity or affiliate who has been placed on the d~cri~'~.atory vendor li.~: rna~[~ submit a bid on a contract to provide any goods or services to a public entity, may not subn it a bi Form 525-010-41 OGC - POLICY PLA,\,~NING Page 9 of 9 a contract with a public entity for the construction or repair ora 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 WITNESS~rHE~OF, the COU,'N'TY Fas caused tkJs Agreement to be executed in its behalfth/s , ,/,~,-day of~Cr=~_, Z.~r_,O, by the Chairman of the Board of.Commissioners, authorized to ent~, r into and execute same by Resolution Number :2 eon.-5/~,~ ofth~ Board on she ~ ~,, .... ~ .~"'/~'~Iay o~ ~~ ~_ , 2. ~ ~ and th~ DEP ' ~- · · · · ._ , ~ ARTM~N-T ,,as executed th./s ~ ~reem~,,t *bro, Cec. retary for District One, Florida D~p~tm~nt of Trans.',ortati~,,~ '='[;-' -'~'~' ~,. ~[ . Y -, ~. J.;,.'-¥:~.£i ............................................ ' d · .' .." ': ?'--q~5:~) 5~.%; 5':': COLLIER COUNTY, FLORIDA a ~.q. tn, t~ t, LtJitn)A i)~PARTMENT OF T~NSPORT~TION . ~~- ~ag~~p~o v~:/2 AvaiIab~ty o f'F~ds Ap~'a!: AGF,,N .D~ I)EM No. I( [ F'>, _ SEP 2 2002 EXHIBIT A Livingston Road Phase II ,~¢,th project limits from Road (CK $96). Project specifics include: A new six-lane dixfided lfighway x~dUh a ,high degree of access control. Project ien~h is approximately 2.6 miles. Project is one mile west of and oaral!el to 1-75. The southern terminus at Golden Gate Parkway connects to Livingston Road x~mcn extends south to Radio Road (CR ~hase I (new s[x:!mnes currently under construction) "' ' 856). The northern !i,mJt of the project co%nects to Livingston Road Phase III. AGEND ,A IT,EM No._ itch'_-, ! SEP 2 ~ 2002 Pg. EXECUTIVE SUMMARY APPROVE WORK ORDER FOR $1,265,384.22 FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY PBS&J, INC. FOR GOODLETTE-FRANK ROAD (PINE RIDGE ROAD TO VANDERBILT BEACH ROAD) FOUR AND SIX LANE IMPROVEMENTS, PROJECT NO. 60134 OBJECTIVE: To receive Board's approval of the negotiated work order for Construction Engineering Inspection (CEI) services by PBS&J, Inc. for the Goodlette-Frank Road four and six lane construction project. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services for Collier County Road Projects (Bid # 00-3184). Staff began work order negotiations with PBS&J, Inc. for their services for the Goodlette-Frank Road four and six lane construction project, which resulted in the attached proposal. This work order is scheduled for completion in 780 days (26 months). (See attached Work Order). FISCAL IMPACT: Funds in the amount of $1,113,584.22 are budgeted in Transportation Supported ,~Gas Tax Fund to pay for the road portion of this project and $91,080.00 is available from the County Water Capital Impact Fee Fund and $60,720.00 from the Sewer Capital Impact Fee Fund to cover the cost of the water and sewer portions of this project. All funds are budgeted in the 2003 Budget. Source of Funds are Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital l~provement Element (CIE # 60134) is consistent with the Transportatiorp(h'owth Management Plan. RECOMMENDATION: l'~hat the Board of County Commissioners award a work order to PBS&J, t~!c., for the Construction Engineering & Inspection Services for the Goodlette-Frank Road, Pine Ridge Road to Vanderbilt Beach Road, four and six lane construction project. AGJ~N~A ,,.-. No. SEP 2 20O2 pg. SUBMITTED B/~L'~nr~R. Thorpe, P.E. Date: °c~'//z'-'/'~ Principal Project Manager APPROVEDBY: t_,~' ~~_~ Date:~~_,$~a~2._ Gregg R. Strakaluse Director, T.E. & C.M.D. APPROVED BY: /'~-%~ c"f-~-~ Date: Roy ~nderson, P.E. Director, P.U.E.D. APPROVED BY: fl~[~a r.~/~.4~/ Date: Steve°'C/amell U' Dire~ ~~al Services APPROVED BY: Date: ~/~-/~ 2.-- Norman/E. Feder,/~ICP, Administrator Transportation Division .o._~u t_--, ~ SEP 2 ~ 2002 Pi). ~ WORK ORDER # PBS-FT-02-01 . . (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #003184) This Work Order is for CEI services for work known as (Title) Goodlette-Frank'Road Proiect (Reason for Proiect) To perform Construction, Engineering and Inspection Services The work is specified.in the proposals dated.. August 19, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # PBS-FT-02-01 is assigned to:..PBS&J. ,Scope of Work: Provide Construction, Engineering and Inspection Services on the Goodlette-Frank Road Project. See the attached Proposal. Schedule of Work: Complete work within 780 Calendar days from receipt of the Notice to Proceed. Compensation: The County will compensate the Firm in accordancc with thc negotiated not-to-exceed sum amount of $1,265,384.22, as provided in the attached proposal. The road project fee is $1,113,584.22 and the utility fee is $151,800.00. Scc attached schedule of fees/ PREPARED B {,j-/~L3~n R[ Thorpe, P.E,., Principal Project Manager Date Gregg Strakaluse, P.E., Director, T.E. & C.M. . APPROVED BY: ,:':,--~,f/'~ / ~--.--~_--.~ 'APPROVED BY:N ,~fn~der, A~ICP ~istrator ~/a t/~ ACCEPTED BY: John I~rand, Pik, Serdor Vice President i/t~ ~ ! DatI~GEN[~. s'r,-,, PBS&I,3~'fistruction Services, Inc. No.-[[f'?'~'-. SEP 2 ~. ~ ~. ~ SEP 2 ~ 2002 ~. - ~ pg. EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE THE PURCHASE OF ONE (1) TRACTOR WITH BOOM MOWER ATTACHMENT FROM ALAMO SALES CORPORATION IN ACCORDANCE WITH STATE BID CONTRACT # 765-900-02-01 IN THE AMOUNT OF $80,703.00. OBJECTIVE: To obtain Board approval to purchase one (1) Tractor mower with Boom Attachment to maintain County Rights-of-Ways. CONSIDERATIONS: A tractor mower is required by the Road Maintenance Department to mow sloped and other hard to mow areas with in the Rights-of-ways of Collier County. The boom mower can be purchased from the Alamo Sales Corporation for the price of $80,703.00 off of the state contract bid # 765-900-02-01. .r~.FlSCAL IMPACT: Funds in the amount of $80,703.00 are available in the Transportation Services Fund. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve the purchase of 1(one) Tractor with boom mower attachment from Alamo Sales Corporation Creel Tractor Company per State Contract BID # 765-900-02-01. SUBMITTED BY: DATE: ~"'",/' ~--O ~ Gossard, Road ~n Vliet, Road Maintenance Superintendent REVIEWED BY: DATE: gl-/~ -~,...~ Y. Carnell, Purchasing/GS D REVIEWED BY: DATE: Maintenance Director / , APPROVED BY: DATE: ~'//O/~-'- Norm~ n E. AICP, Transportation Administrator AqI~NJ;3~ I,T, JEM No./t~-{ ~ ,~ SEP'2 2002 Pg. EXECUTIVE SUMMARY APPROVE WORK ORDER FOR $1,601,472.25 FOR THE CONSTRUCTION ENGINEERING & INSPECTIONS SERVICES BY JOHNSON ENGINEERING, INC. FOR IMMOKALEE ROAD 'MILESTONE 1 & 2' (WILSON BOULEVARD TO 43m~ AVENUE N.E.) FOUR LANE IMPROVEMENTS, PROJECT NO. 60018 OBJECTIVE: To receive Board's approval of the negotiated Work Order for Construction Engineering Inspection (CEI) services by Johnson Engineering, Inc. (JEI) for the Immokalee Road 'Milestone 1 & 2' four-lane construction project. CONSIDERATIONS: On May 8, 2001, the Board of County Commissioners approved an agreement for Construction Engineering & Inspection Services for Collier County Road Projects (Bid #00-3184). Staff began Work Order negotiations with JEI for their services for the Immokalee Road 'Milestone 1 & 2' four- lane construction project, which resulted in the attached proposal, dated August 2, 2002. This Work Order, along with the project, is scheduled for completion in 540 days (18 months). (See attached Work Order and Proposal). FISCAL IMPACT: Funds in the amount of $1,242,230.75 are available in the Transportation Supported Gas Tax Fund for the road portion of this project in fiscal year 2002. Funds in the amount of $179,602.75 will be available from the County Sewer Capital Fund and $179,602.75 from the Water Capital Fund in fiscal year 2003. The purchase order will be opened in FY 02 for the Road portion of this project and after 10/1/02 the utilities work will be added to the purchase order. Source of Funds are Gas Taxes and User Fees and Impact Fees. GROWTH MANAGEMENT IMPACT: This Capital Improvement Element (CIE #60018) is consistent with the Transportation Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners award a Work Order to Johnson Engineering, Inc., for the Construction Engineering & Inspection Services for the Immokalee Road , rd 'Milestone 1 & 2, Wilson Boulevard to 43 Avenue, four lane construction projec Transportation Administrator to sign the Work Order. bio. ~?~ ~-~"~J~ - SEP 2 4 2002 SUBMITTED BY' ~~~,~~''' ,~ Date: '~m g. T~orpe, P.E. p~~al Project Manager ~~ Date: D~ector, T.E. & C.M.D. / ~PROVED BY: .~ ~/~/ .).z~ Date: Roy ~derson, P.E. D~ector, P.U.E.D. APPROVED BY: .~~ ~, Date: Steve ~e~ ~ APPROVED BY: - Date: Norn~ E. Feder, ~CP. Adn~fistrator Transportation Division SEP 2 ~ 2002 ENGINEERING August 30, 2002 Mr. Lynn R. Thorpe P.E. Senior Project Manager Collier County Transportation & Construction Management 26755. Horseshoe Drive Suite 401 Naples, FL. 34112 Re: Negotiated CEI Proposal for Immokalee Road (CR846) (CR-951 to 43~d Ave. NE) County Project No.: 60018. Milestone 1 and Milestone 2 Dear Mr. Thorpe: Johnson Engineering is pleased to present to you the attached Fee Proposal for your further processing. This proposal includes all services associated with the Construction Management and Inspection per our discussions during the negotiation of Project Milestone 1 and Milestone 2. We thank you for this opportunity to provide Collier County with this service and we look forward to a successful project. In addition Please find the executed Work Order Documents for our signature. If you have any questions please let me know. Sincerely, JOHNSON ENGINEERING~ INC. ;cBt;;vers°n Cc: Joe Ebner PE File AGF_,N~ ITF=M SEP 2 2O02 2350 Stanford Court · Naples, Florida 34112 PO. 79 (239) 434-0333 · Fax (239) 434-9320 WORK ORDER # JEI-01-02 (Professional Construction. Eng. Insp.) CEI Major Contract Dated May 8, 2001 (Bid #00-3184) This Work Order is for General Contractor services for work known as (Title) Immokalee Road Four Lane Improvement (Reason for Project) To perform Construction. Engineering and Inspection Services The work is specified in the proposal dated August 30, 2002, which is attached hereto and made a part of this Work Order. In accordance with the Terms and Conditions of the Agreement referenced above, Work Order # JEI-01-02 is assigned to: ,Johnson Engineering,. Inc. (Firm Name) Scope of Work: Provide a Construction, Engineering and Inspection Services on the Immokalee Road four lane project. See the attached Proposal. Schedule of XVork: Complete work within 540 Calendar days from receipt of the Notice to Proceed. Compensation: The Count), will compensate the Firm in accordance with the negotiated not-to-exceed sum amount of $1,601,472.25, as provided in the attached proposal. The road project fee is $1,242,230.75 and the utility fee is $359,241.50. PREPARED B /.//L'~n R. Thorpe, P.E., Project Manager Date APPROVED B y: .r,~i~~¢Zr~. ~7 TG ector Date APPROVED BY: No~ ~ ~, ~d~r, AICP, Administrator te ACC P eO n Ph~ E~ner, P.E., Vice President D~*e , son Engineering, Inc. SEP 2 2002 ~9. -~) EXECUTIVE SUMMARY APPROVAL BID #02-3416, IMMOKALEE BEAUTIFICATION MSTU/MSTD ROADWAY GROUNDS MAINTENANCE IN THE AMOUNT OF $154,839 TO COMMERCIAL LAND MAINTENANCE, INC. OBJECTIVE: To obtain Board approval for the award of Bid #02-3416, Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance to Commercial Land Maintenance, Inc. CONSIDERATIONS: 1. On August 2, 2002, the Purchasing Department sent notices to 53 Vendors for the Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance. 2. On August 13, 2002; a mandatory pre-bid meeting was held to explain the contract specifics and answer any questions that the prospective Bidders may have. 3. On August 22, 2002, two (2) bids were opened. Staff reviewed the Unit Pricing as shown on the Bid Tab, and Ground Zero submitted the lowest bid. Since the Bid Opening, Ground Zero has met with staff to further review Ground Zero's Bid submittal and its deficiencies. Both .._. parties mutually agreed that the Bid submitted from Ground Zero did not meet the Bid requirements and therefore was non-responsive. Accordingly, the second Bid, although approximately $20,000 higher, from Commercial Land Maintenance, Inc. was complete and was responsive. The Immokalee Beautification Advisery Committee reviewed the Bid criteria, has been satisfied with the past maintenance services provided by Commercial Land Maintenance, Inc., and is in support of Staff' s recommendation. 4. Staff recommends award of the Bid to Commercial Land Maintenance, Inc., as the lowest, qualified, and responsive Bidder, due to Ground Zero being non-respensive and not meeting the Bid submittal requirements. ~o..,.,FISCAL IMPACT: The Immokalee MSTU/MSTD Grounds Maintenance Services Contract in ~x~ the Bid amount of' $154,839. Costs for FY 02/03 have been budgeted including incidentals ~ within that Fund. for the annual ground maintenance services. GROW~rH MANAGEMENT IMPACT: There will be no growth management impact associated with this item. RECOMMENDATION: That the Board award Bid #02-3416 to Commercial Land Maintenance, Inc., for the Immokalee Beautification MSTU/MSTD Roadway Grounds Maintenance to Commercial Land Maintenance, Inc. and authorize the Chairman to execute the standard contract after review and approval by the County Attorney's Office. AG, i~ N,13,A ~.~EM No. Ilr,[5 SEP 2 2002 Pg. PREPARED BY: ~.,,~.) d),v c,.~ DATE: I/,/~,,,~-Jc ~-- Val Prince, Project ~nager Landscape Maintenance S~MI~EDBY: ~ ~~ ~_.C~'[.~dd. zO DATE: ~- ~-~ Bob Petersen, Proj~t Manager Landscape Maintenance ~V~WEOBY: __~~ ~, ~~ DATE:~({( Stev[C~mell, Purchasing Director '~d~~~. ~~~ DATE: ~V~D BY: Mich~d A. Etelama~, PE, Transpo~tion Road Maintenance Director ' /" APPROVED BY: 7~~~ DATE: No.an E. Feder, AICP, Transpo~ation Ad~nistrator / SEP 2 ~ 200l ~ ~m o o oooo:ooooooo oo:oo ooo oo oo o oooo: oo o ooo o o o o~oo ooo oo oo ooo ~ AGENDA ITeM ~ ~ o SEP 2 q 2~2 EXECUTIVE SUMMARY APPROVE AN EASEMENT AGREEMENT AND ACCEPT A DRAINAGE EASEMENT TO ACQUIRE A 60 x 150 FOOT PARCEL OF LAND IN THE NAPLES GATEWAY ESTATES SUBDIVISION AT A COST OF $800.00 FOR THE LELY AREA STORMWATER IMPROVEMENT PROJECT WHICH IS LOCATED WITHIN THE EAST NAPLES AREA. (Project No. $1101) OBJECTIVE: To approve an Easement Agreement and accept a Drainage Easement for property located within the Lely Area Stormwater Improvement Project for the purpose of using the south 60 X 150 feet of the parcel for drainage purposes. CONSIDERATION: Collier County is pursuing the design and environmental permitting for the Lely Area Stormwater Improvement Project, which is a regional stormwater management system for the East Naples area. The owner of the subject property (LASlP Parcel 111-833) was contacted about the County acquiring a sixty (60) foot wide drainage easement across the southern boundary of the property and has agreed to sell this easement to the County upon Board of County Commissioners approval. Acquisition of this easement will provide a drainage easement link between other properties which will assist in reducing the flooding potential within the project's drainage basin and enable Collier County to promote better water quantity and quality discharges into wetlands feeding the estuaries near Rookery Bay. FISCAL IMPACT: The cost of the subject parcel will be $800.00. Staff estimates the cost of recording all documents will not exceed $15.00 and title work will be an additional $100.00 for a total cost of $915.00. Funds are available in Fund 325 (1981 Water Management CIP). Source of funding is ad valorem taxes. GROWTH MANAGEMENT IMPACT,: Acquisition of land and easements for construction of the Lely Area Stormwater Improvement Project (CIE Project No. 291) is in accordance with both the Capital Improvement Element and Drainage Sub-element of the Growth Management Plan. RECOMMENDATION.: That the Board of County Commissioners: (1) Approve the attached Easement Agreement and authorize the Chairman to execute same; (2) Accept the attached Easement; (3) Approve, execute and/or accept any other necessary closing documents related to this project, if any, once approved by the Office of the County Attorney; (4) Direct staff to record all appropriate documentation necessary to conclude this transaction; and (5) Authorize staff to prepare related Warrants for acquisition of this parcel. AGENJ2A~.'~EM No t (~.,t~ ~ _ SEP 2 2002 pg. Executive SummaorY Lely Area Stormwater Improvement Project, Parcel 111-833 Acquisition Page 2 of 2 SUBMITTED BY: ~ _ ,..DATE: Hope ~rack, ~ehior Property Acquisition Specialis{ Transpo~./aJ~n Engin/~g Construction Management ~~~~ DATE: REVIEWED BY~_e_~/~.le~._~rcks, Right-O~rVay Manager Tran~por~ion Engineering Construction Management Robert Wiley, P~4'ncipal Project Manager Stormwater Management Section/TECM Department REVIEWED BY: DATE: Tra~ t~.~ng Construction Management APPROVED BY: DATE: Norn~a~l Feder, AICP, Administrator Trans. ,rtation Division - A~FrN~I~A ~EM No._ ~.~., I~ - SEP 2 ~ 2002 PROJECT: Lely Area Stormwater Improvements PARCEL NO: 111-833 FOLIO NO.: ~8444¢zc0c~7 DRAINAGE EASEMENT · THIS EASEMENT, made and entered into this ~ day of 20w, by DAVID HILL, a single man, whose mailing address is 601 SW 13~ Street', Belle Glade, FL 33430-3724, as Grantor, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns, as Grantee. (Wherever used herein the terms "Grantor" and 'Grantee' include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: Grantor, for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the Grantee, the receipt and sufficiency of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non-exclusive easement, license, and privilege to enter upon and to install and maintain drainage facilities on the 'oIIowing described lands located in Collier County, Florida, to wit: See attached Exhibit "A" which is incorporated herein by reference. Subject to easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY. TO HAVE AND TO HOLD the same unto the Grantee together with the right to enter upon said land, place, excavate, and remove materials for the purpose of constructing, operating, and maintaining drainage facilities thereon. Grantor and Grantee are used for singular or plural, as the context requires. The easement granted herein shall constitute easements running with the land and shall burden the lands described above. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witness (.Signature) ~:~..~" ~ Name: HI ~,~-/~1. /2~/Z'/Z~ David H~I '  t or Type) Address: 601 SW 13t" Street Belle Glade, FL 33430-3724 (::::==Wiiness (S.i~&ture) Name: ,~-~ ,~.,¢¢~( (Print or Ty~) SEP 2 2002 STATE Of ~LE~ (~ COUNTY-OF ~,~.nl ~ The foregoing Drainage Easement was acknowledged before me this ~,'/~ day of A/)~.JA 200~by David Hill, a single man, who is personally known to me or who has produce~ ~ ~ ~ as identification. (affix notarial seal) ~ (Signature of Nota~ Public) ~ ~ ~ilaa M. Porro ~ ~ ~Comm~on~CC770765 H~ ~ ~ ~ ~ ~ Ex, res OCT. 17,200~ ~ ~ ~O.D~O ~H.U (Print Name of Nota~ Public) NOTARY PUBLIC SeriaFCommission ~: Cc 7707~¢ My Commission Expires: / O- ~ 7-~ ~ · SEP 2 2002 pg. PUBLIC WORKS ENGINEERING DEPARTMENT 3301 EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112 (941) 774-8192 SKETCH OF DESCRIPTION PRO~IECT -, EXHIBIT "~ '....._.~' NOT A SUR,VEY P'ecje_ { of_ ~ PARCEL FOLIO P.O.C. W 1/4 COF~ SEC. 32, TWP. 50 S, PARCEL]~r~33 RGE 26 E. -~ TAX PARCEL 83 LEGAL DESCRIPTION THE SOUTHEASTERLY 60 FEET OF THE FOLLOW]'4G DESCRIBED PARCEL: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE S 02'50'$0" W ALONG THE WEST LINE OF SAID SECTION 32 20829 FEET; THENCE N 59'5T30' E 892.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 5g'57'30" E 150.00 FEET; THENCE N 30'02'30' W 30D.00 FEET; THENCE S 59°57'30' W 150.00 FEET, THENCE $ 30¢02'30" E 300.00 FEET TO THE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C, · POINT OF COMMENCEMENT 2) P.O.B. == POINT OF BEGINNING ' $) SEC. -$ECTION PREPAI~ED $) RGE. · RANGE 6) RAN =, RIGHT OF WAY ~3~"ORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 7) ALI. DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL B) NOT VAUD UNLESS 81GNED AND SEALED W1TH THE NAPLES, FLORIDA 34112 EMBOBSED SEAL OF A PROFESSIONAL LNqD SURVEYOR NOT TO SCALE JUNE 14, 2000 GWT833 SHEET 1 OF 1 A~FN I M No. SEP 2 2002 Pg. PROJEC'~: Lely Area Stormwater Improvements PARCEL NO: 111-833 FOLIO NO.: 00444520007 EASEMENT AGREEMENT THIS EASEMENT AGREEMENT (hereinafter referred to as the "Agreement") is made and entered into by and belween DAVID HILL, a single man, (hereinafter referred to as 'Owner'), whose mailing address is 601 SW 13th Street, Belle Glade, FL 33430-3724, and COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns (hereinafter referred to as 'Purchaser"), whose mailing address is 3301 Tamiami Trail, Naples, Florida 34112; WHEREAS, Purchaser requires a perpetual, non-exclusive easement for drainage and maintenance, over, under, upon and across the lands described in Exhibit 'A" (said easement hereinafter referred to as the "Property"), which is attached hereto and made a part of this Agreement; WHEREAS, Owner desires to convey the Property to Purchaser for the stated purposes, on the terms and conditions sel forth herein; and WHEREAS, Purchaser has agreed to compensate Owner for conveyance of the Property; NOW THEREFORE, in consideration of these premises, the sum of Ten Dollars ($10.00), and other good and valuable consideration, the receipt and sufficiency of which is hereby mutually acknowledged, it is agreed by and between the parties as follows: 1. Owner shall convey the Property to Purchaser for the sum of $800.00, payable by County Warrant (said transaction hereinafter referred to as the "Closing"). Said payment shall be full compensation for the Property conveyed, including all landscaping, trees, shrubs, improvements, and fixtures located thereon, and for any damages resulting to Owner's remaining lands, and for all other damages in connection with conveyance of said Property to Purchaser. 2. Prior to Closing, Owner shall obtain from the holders of any liens, exceptions and/or qualifications encumbering the Property, the execution of such instruments which will remove, release or subordinate such encumbrances from the Property upon their recording in the public records of Collier County, Florida. Owner shall provide such instruments, properly executed, to Purchaser on or before the date of Closing. 3. This Agreement shall be null and void, and of no further force or effect, unless Closing shall occur within sixty (60) days from the date Purchaser executes this Agreement; provided; however, thai Purchaser shall have the unilateral fight to extend the term of this Agreement pending receipt of such instruments, properly executed, which either remove, release or subordinate any and all such liens, encumbrances or qualifications affecting Purchaser's enjoyment of the Property. At Closing, Purchaser shall deliver the County Warrant to Owner and Owner shall deliver the conveyance instrument to Purchaser in a form acceptable to Purchaser. 4. Owner is aware and understands that the 'offer' to purchase represented by this Agreement is subject to acceptance and approval by the Board of County Commissioners of Collier County, Florida. No._ ._ SEP 2 200 . Easement Agreerhent Page 2 5. Owner represents that the Property and all uses of the Property have been and presently are in compliance with ali Federal, State and Local environmental laws; '~ that no hazardous substances have been generated, stored, treated or transferred on the Property except as specifically/disclosed to the Purchaser; that the Owner has no knowledge of any spill or environmental law violation on any property contiguous to or in the vicinity of the ~roperty to be sold to the Purchaser, that the Owner has not received notice and otherwise has no knowledge of a) any spill on the Property, b) any existing or threa:ened environmental lien against the Property or c) any lawsuit, proceeding or investigation regarding the generation, storage, treatment, spill or transfer of hazardous substances on the Property. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 6. Owner shall indemnify, defend, sav~ and hold harmless the Purchaser against and from, and to reimburse the Purchaser with respect to, any and all damages, claims, liabilities, laws, costs and expenses (including without limitation reasonable paralegal and attorney fees and expenses whether in court, out of court, in bankruptcy or administrative proceedings or on appeal), penalties or fines incurred by or asserted against the Purchaser by reason or arising out of the breach of Owner's representation under Section 5. This provision shall survive Closing and is not deemed satisfied by conveyance of title. 7.. The Purchaser shall pay for all costs of recording the conveyance instrument in the Public Records of Collier County, Florida. All other costs associated with this transaction including but not limited 13 transfer, documentary and intangible taxes, and recording costs for any curati~.e instruments shall be borne and paid by Owner. Owner shall be responsible for paying any costs and/or fees associated with the securing and recording a SLbordination, Consent & Joinder of Easement of the mortgage(s) recorded against t~e Property from the mortgagee(s). The cost of a title commitment shall be paid by Purchaser. 8. This Agreement and the terms ancl :)rovisions hereof shall be effective as of the date this Agreement is executed by both parties and shall inure to the benefit of .... and be binding upon the padies hereto and their respective heirs, executors, personal representatives, success¢~s, successor trustees, and/or assignees, whenever the context so requires or &dmits. 9. Conveyance of the Property by Ov¢3er is contingent upon no other provisions, conditions, or premises other than those so stated above; and the written Agreement, including all exhi~3its attached hereto, shall constitute the entire Agreement and understanding of the parties, and there are no other prior or contemporaneous written or oral agreements, undertakings, promises, warranties, or covenants not contained herein. 10. If the Owner holds the Property in the form of a partnership, limited partnership, corporation, trust or any form of representative capacity whatsoever for others, Owner shall make a written public cisclosure, according to Chapter 286, Florida Statutes, under oath, of the name an:l address of every person having a beneficial interest in the Property before the P-operty held in such capacity is conveyed to Purchaser, its successors and assigns. (If the corporation is registered with the Federal Securities Exchange Commission or registered pursuant to Chapter 517, Florida Statutes, whose stock is for sale to the general public, it is hereby exempt from the provisions of Chapter 286, Florida Statutes.) 11. This Agreement is governed and ccnstrued in accordance with the laws of the State of Florida. AGENDA I(~M SEP 2 2002 Pcj. '7 Easement Agreer~ent Page 3 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this ~ day of .2002. Date Property acquisition approved by BCC: AS TO PURCHASER: DATED:. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA BY: , Deputy Clerk JAMES N. COLETTA, Chairman AS TO SELLER: DATED: :~-(¢-02. WITNESSES: Witness (Signature) DAVID HtLL Name: ~ cbA-/¢l. ?o~/7-.,~  jrint or Typ~) / -"~tness (Signature) ,. Name:~--% (Pdnt or 'P'ype) Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney AGEND..A SEP 2 2002 PUBLIC WORKS ENGINEERING DEPARTMENT 33'01 EAST TAMIAMI TRAIL NAPLES, FLOR.IDA 34 112 (941) 774-8192 SKETCH OF DESCRIPTION EXHIBI T "~" PRO,.1ECT NOT A SURVEY ( o~ ~ PARCEL FOLIO P.O.C. W 1/4 COR. SEC. :32, TWP. 50 $0 PARCEL]:]~-833 RGE 26 F- ----7 TAX PARCEL 83 LEGAL DESCRIPTION THE SOUTHEASTERLY 60 FEET OF THE FOLLOWING DESCRIBED PARCEL: COMMENCE AT THE WEST QUARTER CORNER OF SECTION 32, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE $ 02'50'30" W ALONG THE WEST LINE OF SAiD SECTION 32 206.29 FEET; THENCE N 59'57'30' E 892.44 FEET TO THE POINT OF BEGINNING: THENCE CONTINUE N 5g'57'3W E 150.00 FEET; THENCE N 30'02'30' W 300.00 FEET; THENCE S 59'57'30' W 150.00 FEET, THENCE $ 30'02'$0' E 300.00 FEET TOTHE POINT OF BEGINNING. GENERAL NOTES 1) P.O.C. · POINT OF COMMENCEMENT 2) P.O.B. - POINT OF I)EQtNNINQ : 3) SEC. = SECTK)N PREPARED BY: 5) RGE:., RANGE 6) R/W - I~QHT OF WAY (~3EORGE R. RICHMOND P.L.S. 2406 COLLIER COUNTY PUBLIC WORKS 7) ALL DISTANCES ARE IN FEET AND DECIMALS THEREOF 3301 E. TAMIAMI TRAIL 8) NOT VAMD UNLESS SIGNED AND SEALEO WITH THE NAPLES, FLORIDA 34112 EMBOSSED SEAL OF A PROFESSIONAL LAND 8URVEYOR NOT TO SCALE JUNE 1~, 2000 GWT833 SHEET 1 OF 1 NO._ SEP 2 q 2002 EXECUTIVE SUMMARY 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. PROJECT NO. 63041 OBJECTIVE: Recommendation to 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. CONSIDERATIONS...: The Board of County Commissioners, Collier County, Florida and APAC-Florida, Inc. entered into an agreement dated March 28, 2000 for the four-laning of Golden Gate Boulevard. In addition, the county gave a conceptual approval of this agreement on Sept. 25, 2001. Attached, is a signed copy of the First Amendment to the Construction Agreement. The County recently discovered that APAC- Florida, Inc., through its subcontractor, installed concrete pipes as part of the stormwater system, which did not meet county specification. After advice from staff and two engineering consulting firms, Forge Engineering, Inc. and Law Engineering and Environmental Services, Inc., the Engineering and Construction Management 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 filters 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 ro'ect including, but not limited to, Section 21 of t.he Construc, t~ _C.o_.~t~afft, · The warranty on P '.1 .... ,--:~- ,-*'+he ,,roiect A warrantV-tn~n~, wm L,¢ to five 5 years ~rom nnal comp~ct~un u~, ~, ~ · shall be extended (_) - .~. ,:A_ _:~,, ~o enaired or re k(ces dur~tng the cracks found in anY non-specmcauun },,~ o,,,A1 be r r P [ / posted and all ~ warranty period. · Upon completion of the project and annually during the warranty period, APAC 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, APAC 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 SE? 2 q 2002 · All costs incurred by the county associated with the installation of non-specification pipe shall be charged to APAC including, but not limited to, the consulting fee of Law Engineering and Environmental Services, Inc. and the annual services of a engineering expert to review the video monitoring of the concrete pipe. · APAC'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 form the contract amendment. FISCAL IMPACT: There is no fiscal impact to the County associated with the execution of this ~" contract amendment. If this contract amendment is not executed, the County would have no recourse to assign responsibility to the Contractor for potential failures beyond the 12-month warranty period. Therefore, the County would become financially responsible for repairs. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve a Contract Amendmem to the agreement between Collier County Board of County Commissioners and APAC-Florida, Inc. SUBMITTED Date: ! L~u~ R. Thorpe, P.E. Pr~r~7~er ~PRO~D BY: ' Date: Gregg R. Str~aluse Dkecto~.E. & C.M.D. ~PRO~D BY: ~/.~ ~ No~.-Feder,' ~cP, Ad~tmtor Truncation Division ,'"'- No. \(~ "~ - ( SEP 2 q 2002 pg APAC, Inc. · 900 Ashwood Parkway, Suite'700 · Atlanta, Georgia 30338 · (770) 392-5315 · Facsimile (770) 392-5305 WILLIAM B. MILLER Vice President o Law william_b_miller@ashland.com July 22, 2002 William E. Mountford, Esquire Assistant County Attorney 3301 Tamiami Trail East Naples Florida 34112 Re: Golden Gate Boulevard, Four Lane Improvement Bid No. 00-3039 Dear Bill: Enclosed are two (2) originals of the First Amendment to Construction Agreement for this project, executed on behalf of APAC-Florida, Inc. Please return one (1) fully-executed original to me. Thank you very much for your practical and professional approach to resolving this matter. Ver truly your ..... WBM/ch Enclosures ~ c22 >-~ " f ' Ci~ , $EP 2 2002 Pg. FIRST .a, MENDMENT TO TttI~; (?¢)NSTRU(?TION AGREEMENT BETWEEN TItF. BOARI) OF COl JNTY COMMISSIONERS OF COI.IA ER COUN'I'~, I:i.ORIDA AND APAC-kI.ORll)A. IN(?. This First' Amc~tdmcnl lo Irc Construchon Agreemt:nt_ made efTcctivc iht,.: day ,.)£ __ , 200 , (hcrcinMter referred to as "First Amm~dment) is entered int~-by 'and :between the BOard of-~';ounty Commissioners of Collier Cotmty, Florida (hmcinaficr refcrrcd to las "County"), and APA(' Florida, Inc 1451 M~wtle Street. Sarasota, Florida 34230 (hereinafter !refi~rred to as "APAC'). WI'I'NESSETH: WHEREAS, thc C. ounty and APAC have entered into a Construction A!ye. cmcmt (ta~cd March 31, 2000 (thc "Agreement") conccqning tlm 4-1aning of' Golden Gate Boulevard. Naples. Florida; nnd WHEREAS, :i~. ;"~unty m,.i APA(' desire Agreement :o addrc:,:-; *[,,;iit;~alcr pipes which wcrc I Bk. Ix EI.t)RE jp. consideration of valuabtc cr~n.q~delntion aa',c' , .... )ct',;'hs;~:4 1. All CO~lcr't:lc pipe which is at a .qllil(;hlrc al'ltl Whit:}l doc'.-; not r~'v~ will be rq')laced with pipe met:tin:2. County specifications. Auy such pipe thai replaced will also bt: wrapped with fillt'.~ flbric and hack filled \ruth ;qowable i;1'.. be rcpmred with intc:na~l,' injected ~,j'o,t using approved Florida I)cpartmcnt (hmeinnftcr refcm-ed h.~ as thc "FI)O'r") standards arid proccdmes for the cracks. A srandard kl)()1' corn:role eolian- shall bt: installed on Iht outside of thc thc crack location lbr pi!ms 18" or smalh:r in d~amelt-.r and which arc: too small mlcmnlly injected g~oHi method, qq~c excavated area shall be b:~ckfilled with f'b,-.~'-,b!c 5!!. 3. Thc vVa~lamV on thc tnojt:t:t including, but not limited to. ,'4ecl,>.,l 21 of Cm,s~mction Contract, shall bc exlendcd to five (5) years from final completiou of ttac prolec! to thc non-specification pipe, including the repair and replacern~lt thercoL ID;lr-iiig said wan'm~,ty period, the performance and payment bond shall be converted to a waxraJlty bt~;,;! acceI~table m file County fhr-thc duration of thc warranty period. Thc cxpamh~ to include all cracks or leaks fotmd in any non-spccdiuation pipc and said cracks leaks shall be mpairt:d during the warranty period as provided in paragraphs I a:ai 2 of thi-; Agreement. Alter,ale methods of ~t:pair may be agreed upon by the Coum'y and Al'A(' provided they meet FDOT standards :md proccdm es. 4. Upon comple6on of thc pr0iect and mmually daring thc wm:::~:.', i;.:',.,c.:t. AP/kC shall monilo, by video thc. non spccificalion concrete pipes laid as pat of thc .'i'q ~'~Ehl The lasl v/deo shall occur n few monlhs prior to the expirmion o1' thc wanamy t'~ :~ ,,~6. ~[_1.1.1.1.1.1.1.~~ SEP 5. In ~1~, event ~f a thxlure of the non-specification pipe at any lime during the .w~ty period creahng :~ mad conditmn such as, bul not limdcd to, a d~rcssion sink Dole or ca,'e-in, ~'AC ~hall immatiamly rcp~r the problcm~. For pu~oses of this A37eemcm, an immediate repair ~mll b~ widfin five (5) working da~. In d~c event a ~t)~ prob!cm creates ~oad hazed, immt~dJatc r~3~ai~ shall bc w~fifin 4g horns If the con~actm f~fils ~o ~p~ir the roadway wHhin said tm? p~:riod. ~bc (.'rarely w~ll be pe~itted to him a con~acto~ ;md cha~gc ~'AC tbr thc repah [(' ~hc r~a~ ~t:quircs la~e ctos~¢, ~e l:mc closme shall ~as~ for no longer titan is cm, toma~ i~ thc indus,. FI)OT st~d~ds a~d practices sh~l bc t~scd to dctcm~me standards ~ ~e ~ndnst~V Any lam: closures long~ th~ a reaso~ble lime as de,retained by indus~ will result i~ a tam: ren~ charge incmxcd against ~A(?. ~e lane rcnta! chmgc shall be calculated as follo~>~: $10,000 per day per lane closure, t:m p~oses of this Agmemcmt, a lmm closure shall mc~ m~y time ~ lane m reduced to less than eleven (Il) ['be~ in wid~ fi~r a Period of longer tha~ f~ ttetm (15) minutes 6. All costs mcuned by ~e County associaied w~ lhe ~tallafion of non Specification pipe shall he ch~rgcd to APAC including, but not hmiled 1o, ~c c(msulfing fc~: of I,aw Enginccnng ~tl Erst ironmc~taI St:trices. Inc., the consu!tmZ thc of Forgt: Engincm ing. Inc. ~d lhe ~nual services of an ~gineefing exp~t to review fl~t~ video monitofin~ o~' ;he concrete p~pe. 7. APAC :~h;~H :u~l~crt~ ~t) thc ~cht:dulc for cmni)lct~or~ of ~c projcc~ 8. APA( "~: ~:M~:,mmficatmt~ Cor~stmction A[,jccmcnl. ~d eft~ct and shall. 'wiri,~t~t limitatto~., expressly apply 13~e wtmlsocver thru :~ri::,¢. 9. Excc~ as manain in full fb~cc and IN W1TNF.,qS WIIEREOF, the parties hereto have cansed these presc~,~% t~) bc cxecntt~t! by their duly m~thorizcd officers and then of'ficial seals, ht.'~c.l~o affixed thc da? aild yt:ar firs/ writlen above. DA'lEI): BOARD ()F COUNTY (?OM MISSI()Nt".I{S AT[EST: COLI .¥ER COUNFI'Y, FI .ORIDA DWIGHT E. BROCK.. Clerk ..... By: ........ ~GENDA LTEM James N. Coletta N&.m'rr~li{~ (4 SEP 2 2002 PcJo ~ Witness Si~an.e ' · Approved as to form legal sufficiency: Will/am E. Moun!fi)rd AsS~sl~t ('ou~ty Afloat-, AGEND~ iTF_~ SEP 2 1~ 2002 EXECUTIVE SUMMARY, ADOPT A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE OF FEE SIMPLE INTERESTS REQUIRED FOR A STORM WATER TREATMENT POND WHICH WILL BE REQUIRED FOR THE CONSTRUCTION OF ROADWAY IMPROVEMENTS ALONG 13TM STREET SOUTHWEST FROM GOLDEN GATE BOULEVARD SOUTH TO 16TM AVENUE SW (PROJECT NO. 69068). FISCAL IMPACT: $130,000. OBJECTIVE: To obtain authorization from the Board of County Commissioners to acquire by gift or purchase the fee simple interests in real property required for a stormwater treatment pond along 13"` Street SW. CONSIDERATIONS: On June 12, 2001, the Board of County Commissioners awarded a design-build contract to American Engineering, Inc., for the design and construction of a bridge across the Golden Gate Main Canal on 13th Street SW, linking north and south sections of Golden Gate Estates. The primary purpose of the bridge was to enable fire rescue and emergency medical service vehicles stationed at the corner of Golden Gate Boulevard and 13th Street SW to decrease response times to emergencies in the southern Golden Gate Estates areas. 13th Street itself, however, consists of just two 9 foot-wide lanes of pavement. This configuration is not consistent with County standards and will create difficult traffic conditions, particularly when large EMS vehicles are present. It was determined, therefore, that the paved lanes of 13"` Street SW required widening. In order to eliminate this potentially hazardous condition a design needed to be developed, to accomplish this. A Work Order was approved by the Board of County Commissioners for a Professional Engineering Services Agreement with WilsonMiller, Inc., on March 26, 2002, specifically for design services relating to the widening of 13th Street SW. WilsonMiller, Inc was selected as they performed the stormwater design and original permitting for the Golden Gate Boulevard improvements project. A major impediment to the widening of 13~h Street, however, is the fact that the roadway storm water runoff from Golden Gate Boulevard is currently being treated in detention ditches along both sides of 13"' Street SW before discharge into the Golden Gate Main Canal where 13th Street used to dead-end before construction of the bridge. An integral part of the construction of the four-lane improvements to Golden Gate Boulevard, and the treatment of the stormwater run- off, was the modification of the side street ditches from the Boulevard to the Golden Gate Main Canal along eight (8) of the side streets. WilsonMiller, Inc. is producing a design plan for the widening of 13"` Street SW which requires the installation of a drain pipe in the ditch along one side of the pavement. In order to meet water quality standards for discharge into the canal, however, the stormwater must be treated in a stormwater retention pond roughly halfway down the street. The size of the pond required to effectively treat the stormwater will require the acquisition of five acres of land, whether several parcels must be assembled, or a single 5 acre parcel can be found. ACaEI~A|T~-M No. !tC..l_~ ~.// SEP 2 2002 Adoption of the attached Resolution will provide the Board's directive and authorization to staff to secure title work, obtain independent real estate appraisals (if required), make written purchase offers for the real property interests required, and to negotiate and close on the purchase of the afore mentioned fee simple parcels. FISCAL IMPACT: Total costs for all fee simple acquisitions for this project are estimated to be $130,000. This figure includes all land, appraisal fees, title policies, and all other miscellaneous expenses associated with acquisition of the necessary fee simple interests. Funds are budgeted in the Transportation Supported Gas Tax Fund in the 2003 budget year. Source of funds will be Gas Taxes. GROWTH MANAGEMENT IMPACT: The recommendation is consistent with the County's Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners of Collier County, Florida: 1. Adopt the attached Resolution authorizing the acquisition by gift or purchase of all rights and interests in real property which are required for the construction of a stormwater retention pond along 13th Street SW; and 2. Authorize the Chairman to execute same on behalf of the Board; and 3. Approve any and all budget amendments required. Debbie Armstrorlch Property Acquisition Specialist Trans~ortati,q~r'~§ine~ripg;a"~d Construction Management REVIEWED BY: r . DATE: ~-/0-~ ~vin ~~, Right-o~nag~ . . . / T~~ion Engineering and Construction Management TranspoAatlon ~ngineering an~ uonstrum~on Management Dale Bathon, P.E., Principal Project Manage~ Transpo~ation Engineering and Constru~ion Management SEP 2 h 2002 REVIEWED BY: DATE:C....~ /d~, Cons ru ,on,a .,eme APPROVED BY: DATE: No.an Feder, AIdP, Administrator Transp :ation Se~ices Division SEP 2 ~ 2O02 I 2 RESOI,UTION NO. 2002- __ 3 $ A RESOLUTION AUTHORIZING THE ACQUISITION BY GIFT OR PURCHASE 6 OF FEE SIMPLE INTERESTS IN LAND REQUIRED FOR A STORMWATER 7 TREATMENT POND WHICH WILL BE REQUIRED FOR THE CONSTRUCTION s OF ROADWAY IMPROVEMENTS ALONG 13TM STREET SOUTHWEST FROM 9 GOLDEN GATE BOULEVARD SOUTH TO 16TM AVENUE SW (PROJECT NO. 10 69068). Il 12 13 WHEREAS, the recent construction of a bridge over the Golden Gate Main Canal on 13th 14 Street SW, connecting Golden Gate Boulevard to 16"1 Avenue SW, will result in a substantial 15 increase in traffic volumes, especially trips involving wide bodied vehicles from the Golden Gate 16 EMS and fire and rescue stations Iocaled on the corner of Golden Gate Boulevard and 13~h Street 17 SW; and ~$ WHEREAS, on March 26, 2002, the Board of County Commissioners approved the 19 Budget Amendmenl for a Professiomd Engineering Services Agreement with WilsonMiller, Inc., _.20 under Work Order Number WMI-02-04 for Project Number 69068, specifically for the purpose _.21 of widening 13m Street SW to accommodate the increased traffic and larger vehicles; and 22 WHEREAS, WilsonMiller, Inc., is in the process of producing a design plan to modify 23 the treatment of roadway storm water runoff from a portion of Golden Gate Boulevard, which 24 modification will consist of treating the stormwater in a retention pond rather than in detention 25 ditches parallel and abutting 13th Street SW, as originally permitted by the South Florida Water 26 Management District; and 27 WHEREAS, the acquisition of property for the pond site and related facilities currently 28 being designed by WilsonMiller, Inc., within the project corridor depicted on Exhibit "A," is 29 necessary in order to protect the health, safety and welfare of the citizens of Collier County, and 30 will assist Collier County in meeting certain concurrency requirements of the Growth 31 Management Plan for Collier Courtly. 32 33 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 34 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 35 1. The Board has delermined Ihat the pond site and related facililies associated with 13th 36 Street SW are necessary and are in Ire best interest of Collier Counly. AGENDA iTEM' No. /~./3 /~ SEP 2 4 ZOO?. :57 2. The construction and maintenance of the stormwater retention pond .and related 38 facilities are compatible with the long range planning goals and objectives of the 39 Growlh Management Plan for Collier County. 40 3. It is necessary and in the best interest of Collier County to acquire fee simple interests 41 in lands necessary for Ihe construction of a stormwater retention and treatment pond 42 at some location within Ire project corridor as depicted on Exhibit "A;" and County 43 Staff is hereby aulhorized and directed Io acquire said fee simple interests by gift or 44 purchase. 45 4. The Board hereby directs staff lo use independent appraisal reports or internal 46 compensation estimates as staff determines is necessary to best serve the needs of the 47 Project in a timely and cost-effective manner. 48 5. The Board, in accordance with the provisions of Section 125.355, Florida Statutes, 49 hereby formally waives the requirement for a formal, independent appraisal report for 50 the purchase of a property ,.,,,here the purchase price of the parcel (the compensation 51 due to the property owner) is less than One Hundred Thousand and 00/100 Dollars 52 ($100,000.00). In lieu of the independent appraisal report, staff is hereby authorized 53 to make purchase offers for the properties, the dollar amounts of which shall be 54 predicated on "staff compensation estimates" based upon independent appraisals (and 55 Ihe data therefrom) obtained on similar properties and upon consideration and 56 application of appropriate market value and cost data pertinent to the subject parcels. 5'/ 6. Upon the approval by the County Attorney's Office of all documents necessary for the 58 subject property acquisition, Transportation Engineering and Construction 59 Management Department staff is hereby directed to offer immediate delivery to the 60 respective property owners of compensation (as established by the appraisal or staff 61 compensation estimates in accordance with the provisions of Section 125.355, Florida 62 Stalutes), in return for thc immediate and proper execution of such deeds and/or other 63 legal instruments as the County Attorney's Office deems appropriate in order to 64 protect the interests of the County; and the Board hereby authorizes its present 65 Chairman and any subsequent Chairman, for the life of the Projecl, to execute any 66 instrumenls which have been approved by the Office of Ihe County Attorney, to AGEND' 'TE SEP 2 4 2[ 67 remove the lien of any encumbrance and for any such other purpose as may be 68 required. 69 7. In those instances where negotiated settlements may be obtained via the "Purchase 70 Agreement" mechanism, the Administrator of the Transportation Division, or any 71 Project Manager of his designation, is hereby delegated the authority to approve the 72 purchase of land interests above the staff compensation estimate or appraised value 73 and pay normally related costs when it is in the best interest of the Project, within the ;'4 pro-rata share of the land rights acquisition budget for the parcel being acquired, only 75 when the difference between the purchase price and compensation estimate or '26 appraised value is less than Twenty-Five Thousand and 00/100 Dollars ($25,000.00) 77 or thc current purchasing limits established by the Collier County Purchasing '28 Dep~,rlment; provided, Prqject funding is available. 79 8. That the settlement approval authority is delegated by the Board to the extent that 80 such approvals do not conflict with the provisions of Section 125.355, Florida 81 Statutes. 82 9. The Chairman of the Board is hereby authorized to execute Purchase Agreements 83 where the landowner has agreed to sell the required land rights to the County at its 84 appraised value or at that amount considered the "Administrative Settlement Amount" 85 as such term is internally used by the administrative agencies of Collier County. 86 10. Where the property owner agrees, through the execution of a "Purchase Agreement", 87 to convey a necessary interest in real property to the County, and upon the proper 88 execution by the property owner of a Warranty Deed and such other legal instruments 89 as the Office of the County Attorney may require, the Board hereby authorizes the 9o Finance Department to issue warrants, payable to the property owner(s) of record, in 91 those amounts as shall be specified on a closing statement and which shall be based 92 upon the appraisal or staff compensation estimate in accordance with this Resolution 93 and the provisions of Section 125.355, Florida Statutes. 94 1 !. All title lo properties or interests in properties which have been obtained in the 95 manner described above shall be deemed "accepted" by the Board of County 96 Commissioners, as the governing body of Collier County, Florida, a political AGENDA ITEM_ 97 subdivision of thc State of Florida, and as such, staff is hereby authorized to record NO. SEP 2 4 2002. -P-',~ 3- pg._ 98 the Public Records of Collier County, Florida, deeds, easements or other instruments 99 as may be required to remove Iht lien of any encumbrance from the acquired 100 properties. 101 102 THIS RESOLUTION ADOPTED on this __ day of 2002, after 103 motion, second and majority vote. 104 105 106 t07 BOARD OF COUNTY COMMISSIONERS t08 OF COLLIER COUNTY, FLORIDA t09 ATI'EST: 110 DWIGHT E. BROCK, CLERK I11 By: il2 .lAMES N. COLETrA, CHAIRMAN 113 114 Clerk 115 116 117 Approved as to form and 119 ~ 120 ' ' ~ 121 Ashton 122 Assistant County AUomey AGENDA IT-'~ No. SEP 2 q Zutl2, -P,~e 4- Pg- ~' EXHIBIT "A" GOLDEN GATE ESTATES UNIT NO. 9 (BOLD LINE AROUND PROPERTIES LOCATED ON 13TM STREET SW) EXECUTIVE SUMMARY REQUEST FOR APPROVAL OF PAYMENT OF ALL TRAVEL EXPENSES FOR PERSONS REPRESENTING THE MPO BOARD AND ADVISORY COMMITTEES IN THE AMOUNT OF $8,000.00 Obiecfive: Authorization for the payment of all travel expenses incurred by all representatives of the MPO Board and its Advisory Committees. Considerations: Recently it was brought to the MPO staffs attention that the Collier County Finance Department is not authorized to pay for any of the travel expenses of MPO Board or Advisory Committee members who are not Collier County employees. MPO Board and committee members, as well as staff, regularly participate in the following groups: · Metropolitan Planning Organization Advisory Committee (MPOAC) - meets quarterly in Orlando to discuss legislative issues that affect all MPOs in the state. · Coordinated Florida Aviation System Planning Process (CFASPP) - meets quarterly statewide to discuss statewide aviation planning issues. · Coordinated Urban Transportation Studies (CUTS) - meets quarterly throughout FDOT's District One to discuss issues common to all MPO's in the FDOT District One. · Various Ad-Hoc committees that are held both in and out of the State of Florida. Therefore, it is necessary for the MPO to be able to pay for any and all expenses of its members incurred while conducting MPO business. ,FI$CAL IMPACT: All MPO operating expenses are initially paid for by Collier County Government, and reimbursed with funds provided by Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT) grant dollars. The FDOT is the pass- through agency for the funds, and they review MPO expenses. Funding for the MPO travel expenses are budgeted in the amount of $8,000 for FY 2003 in the Transportation Services Fund. ..~ GROWTH MANAGEMENT IMPACT: This is consistent with Collier Co~_ · Management Plan. Staff Recommendations:A motion authorizing the payment of all travel expenses incurred by all representatives of the MPO Board and its Advisory Committees. Robert ~. Herrington, MPO Ma.n.~t~r Don ScOtt, Trans~portation Planning Director Approved by: /, / ~-~-~'/~ / ~'~----'~ Date: No/rman E. Feder,-Transportation Services Administrator SEP '2 ~ 2002 pg. ~- RESOLUTION NO. 2002- A RESOLUTION OF TI-IE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS APPROVING THE EXPENDITURES OF FUNDS FOR TRAVEL EXPENSES FOR PERSONS REPRESENTING THE MPO BOARD AND ADVISORY COMMITTEES. WHEREAS, the Collier County Metropolitan Planning Organization (MPO) Board and Advisory Committees are made up of representatives of Collier County Government, the City of Naples and the City of Marco Island; and, WHEREAS, the Collier County Metropolitan Planning Organization staff are employees of the Comer County Transportation Services Department; and, WHEREAS, the MPO Board and Advisory Committee members, as well as MPO Staff, regularly travel to participate in various meetings pertaining to MPO business; and, WHEREAS, the Collier County Board of County Commissioners initially pays for all operating expenses of the MPO and are reimbursed with MPO planning funds provided by the Federal Highway Administration (FHWA), Federal Transit Administration (FTA) and Florida Department of Transportation (FDOT); and, WHEREAS, the Collier County Board of County CommisSioners has legal authority to adopt a resolution authori~ng the expenditures of County funds for valid and proper public purposes. NOW THEREFORE, BE IT RESOLVED by the Collier County Board of County Commissioners that the expenditure of funds for any and all travel by all IV[PO Board and Advisory Committee members, as well as M_PO Staff, relating t0..MPO activities is approved. The specific expenditures approved include but are not limited to: travel, registration and any per diem costs. THIS RESOLUTION ADOPTED THIS ' DAY OF ~ A MOTION; SECOND AND MAJORrrY VOTE FAVORING SAME. ATTEST: CO!-!,~-R COUNTY BOARD OF COUNTY COMMISSIONF~S By: By: Dwight E. Brock, Clerk James N. Coletta, Chairman APPROVED AS TO FORM AND LEGAL · j~ AGENDA IT ElYI., SEP 2 q 2002 EXECUTIVE SUMMARY "APPROVAL OF PURCHASE ORDER MODIFICATION WITH MCGEE & ASSOCIATES FOR US 41 NORTH PHASE I LANDSCAPE SERVICES" IN THE AMOUNT OF $5,730.00," OBJECTIVE: For the Board to approve a purchase order modification for U.S. 41 N (between CR 869 -Pine Ridge Road and Gulf Park Drive) landscape and irrigation services. CONSIDERATION: The original project task and fee schedule for the landscape and irrigation design for US 41 North Phase I was for $30,730.00. The Purchase Order was only opened for $25,000.00 leaving a shortage of $5,730.00 necessary to complete the project. 0'~FISCAL IMPACT: A budget amendment is needed to transfer $5,730 from the MSTD Fund 111 Reserves and appropriate in this project. Funds will come from fiscal year 2003. The source of funds is ad valorem taxes. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve an increase to the purchase order in the amount of $5,730.00 bringing the total contract amount for professional budget amendment. services to $30,730.00 and a.l~rove the necessary , ..... REVIEWED BY: ~~~ ManagDearte://~/O ~---~'//]/\'~J~Y ~/~/." /ard J. ~/~, Transportation Operations Director ' APPROVED BY: 1o ~;ed'~er,-~'"~ Date: ~///~z''- rman . AICP, Transportation Administrator EXECUTIVE SUMMARY APPROVE WORK ORDER No. BRC.FT-02-03 WITH BETTER ROADS, INC. FOR MEDIAN IMPROVEMENTS IN THE AMOUNT OF $113,075.55 ON DAVIS BOULEVARD BETWEEN COMMERCIAL DRIVE AND PINE STREET, PROJECT No. 60016 OB~IECTIVE: To receive the Board of County Commissioners approval of Work Order No. BRC-FT-02-03 for median improvements on Davis Boulevard. CONSIDERATIONS.: The Board of County Commissioners entered into a Joint Project Agreement (JPA) with the FDOT on May 14, 2002 as per Agenda Item #16B2. Pursuant to the terms of the Agreement, the County will advance $182,885.00 for construction of the median improvements in the FY 2003. These funds represent the total estimated cost of the construction and construction engineering inspection (CEI) services. In exchange for advancing the funds, FDOT has agreed to reimburse the County in the State's FY 2003/2004. Based on the timing of the proposed construction, staff anticipates that the advance and the payback will both occur in the County FY 2003. The design was completed and sent out for bid. Two proposals were received as follows: Better Roads~ Inc..: Bonness, Inc. APAC-Florida, Inc. $113,075.55 $129,016.62 No Bid APAC-Florida, Inc. did not submit a proposal. Money in addition to the $113,075.55 will be necessary for landscape modifications after the road construction is complete.  ISCAL IMPACT: Funds in the amount of $182,885.00 are available in the Transportation Supported as Tax Fund 313 ~roject 60016. GROWTH MANAGEMENT IMPACT: Mitigate previous growth impacts. RECOMMENDATIONS: That the Board of County Commissioners authorize the Transportation Operations Director to approve Work Order # BRC-FT-02-03 on behalf of the Board. Edwardj./g~ant, I~! ~portation Operations Director ! APPROVED BY: ~/~P ~ra~ Date: ~/~/3///6'~' No ortation Services Administrator $£P 2 BETTER ROADS INC. P.O. BOX 9979 NAPLES, FLORIDA 34101 PHONE: (941) 597-2181 FAX: (941) 597-1597 PROJECT: DAVIS BOULEVARD ME~IAN IMPROVEMENT I~ID NO.: 02312 LOCATION: DAVIS BOULEVARD (BETWEEN COMMERCIAL ORIVE& PINE STREEI') NUMBER J DESmlPTION QUANTITY UNIT AMOUNT ,o-l-1 :LE~,,~,, ~,U~,,,G 1.00 LS 5~.SO0.O0 $=..~0.00 1~ EMBAN~.'r 2~2.00 ¢:' *=.00 55,7.OO 285-70g-gg0 A..e. PHALT BASE C-'OURSE TYPE 3 (ABC.-3 10" THICK) 1.0~2.00 -'~Y 52S.75 $27.B6t.S0 331-2 ASPHALTIC CONCRETE TYi~E S OVERBUILD (1 1/2' AVE THICK] 27.10 TN ~78.00 $2,113,813 3~1.72.2o AsP,~.T~C coNCR~-~ ~PE $-~ ~ THIo<) 1,o,2.oo s¥ $6,75 ~,~..~ 33'/-7-3 A~PHALTIC CONCRETE FRICTION COURSE TYPE FC-3 (110 LI~/SY) 59.S0 TN $7B.00 $4,641,D0 520,1-7 CONCRETE C1JRB & GUTTER TYPE "F" 1,606,00 LF $14.75 $23,688.50 ~-~0-5-45 CONCRETE TRAFFIC SEPARATQF~ TYPE IV (2' WIDE) 266.{30 LP $13.00 ~3,1gl~.O0 575-1-1 SODDING (BAHIA) 523.00 SY $1.75 700-46-12 SIGN EXISTING. RELOCATE, SINGLE POST 2.D0 AS $60.00 $12D,{30 ?IX~40-1 SIGN, SINGLE POST 6.90 lEA ~$,00 $1 700-4~-1 IN~TALL SIGN ON EXI-~TING POST (F & l) 4.{30 lEA $77,00 705-2 DELINEATOR, DOUBLE UNIT S.00 EA $70,00 $350,00 705-71 TUBULA~ DELINEATOR (FLEXIBLE) 24.00 EA ~3,00 $1,440,00 706-3 RETR~EFLECTIVE PAVEMENT MARKER (FSI) 54,00 EA $S.00 $504.00 711-3 PAVEMENT MESSAGES, THERMOPLASTIC 4.00 EA $~00.00 $400.00 711-4 DIRECTIONAL ARROWS, THERMOPLASTIC 13.00 EA 550.00 $650.00 711-5 GUIDE LINES, THERMOPLASTIC (DOTTED) 228.00 LF $1.0o $226~00 7~1-34 SKIP TRAFFIC sTRIPE. THERMOPLASTIC (E - 10' YELLOW) 177.00 LF $1.00 711-35-61 SOLID TRAFFIC STRIPE, THERMOPLASTIC (6' WHITE) 1,246.00 LF $1.00 $1.248.~0 7tl-35-81 SOLID TRAFFIC STRIPE. THERMOPLASTIC (8" WHITE) 426.00 LF 5t.00 7~1-3~121 SOLID TI~AFFIC STRIPE. THERMOPLASTIC (12' WHITE) 28~.00 LF ~,00 7~t-35-181 SOLID TRAFFIC STRIPE. THERMOPLASTIC (16" WHITE) 93.~30 LF ~3.~0 S27§,00 7t t-3~-24~ $OLID TRAFFIC STRIPE, I'HEI~JVIOPLASTIC {24' WHITE} S9.00 LF ~4,00 711~36-61 SOLID TRAFFIC STRIPE, THEPJVIOPLASTIC (6' YELLOW) 2,279,00 LF 51,00 52,279.00 711~3~I SOLID TRAFFIC STRIPE, THERMOPLASTIC (8" YELLOW) 12g.O0 LF $1.00 $129.00 711-36-1~1 SOLID TRAFFIC STRIi~E, THERMOPLASTIC (18' YELLOW) 69.00 LF .~3.00 $207.00 $1~ 3,075.55 CONDITIONS: NO PERMII~, FEES,LAYOUT, BOND OR ~ESTING INCLUDED. IF BOND IS REQUIRED ADD 1%, 2 PRrDES BASED ON ONE MOBILIZATION PER ITEM, ADDITIONAL MOBIIJZATION~ WILL BE Ct~P. aED AT ~'/SO.00 EA. IN ADDITION TO UNIT PRIC~S. WORK ORDER # BRC-FT-02-03 "Annual Contract for Roadway Contractors" Contract 4/02-3327, Dated March 26, 2002 This Work Order is for Roadway Contractor's Services, subject to the terms and conditions of the Contract referenced above, for work known as: Davis Boulevard Median Improvements The work is specified in the proposal dated August 15, 2002 attached hereto and made part of this Work Order. In accordance with Terms and Conditions of the Agreement referenced above, Work Order # BRC-FT-02-03 is assigned to Better Roads, Inc. Scope of Work: As detailed in the attached proposal and the following: Task I - Construct median improvements on Davis Boulevard in accordance with the drawings as prepared by the Transportation Operations Department, Sheets 1-5 dated May 28, 2002. Schedule of Work: Complete work within Thirty (30) Calendar Days from receipt of the Notice to Proceed. Compensation: In accordance with the Agreement, the County will compensate the Firm in accordance with negotiated amount of $113,075.55 as provided in the attached proposal. Itemized not to exceed amount $113,075.55 TOTAL FEE $113.075.55 Any change made subsequent to final department approval will be considered an additional service and charged according to an execu.ted Change Order as enumerated in Exhibit D of the Agreement. Daniel G. Hall, PE, Engineer Date Reviewed By: Edward J. Kant, PE, Transportation Operations Director Date Approved By: Norman E. Feder, AICP, Transportation Services Administrator Date ~,','~3~ n,-,~.u :~ '.'.,,,, y: ......... Approved as to Form and _=- .: Le.g a) Suf,.ficiency:, Assistant County Attorney ACCEPTED BY: Better Roads, Inc. ATTE~: Name of Firm Type Name and Title I SEP 2 2002 Type Name and Tide EXECUTIVE SUMMARY ACCEPT A RIGHT OF ENTRY GRANTED FROM NAPLES BOTANICAL GARDEN, INC. FOR PERMISSION TO ENTER UPON PROPERTY LOCATED ADJACENT TO AND INCLUDING LAKE KELLY FOR THE PURPOSE OF ALLOWING ROAD MAINTENANCE DEPARTMENT STAFF TO MAINTAIN THE VEGETATION BY APPLICATION OF STATE CERTIFIED HERBICIDES. OBJECTIVE: To accept a Right-of-entry document granted from Naples Botanical Garden, Inc., allowing Road Maintenance Department staff to enter upon their property located adjacent to and including Lake Kelly for purposes of maintenance of the vegetation by application of State certified herbicides. CONSIDERATION: Lake Kelly is approximately 4 acres in size and is located in East Naples. The lake, an old abandoned fill excavation pit west of, but adjacent to Sugden Park, is positioned south of US 41, north of Thomasson Drive and east of Bayshore Drive. The lake receives stormwater discharge from Bayshore Drive, but through the years the lake has become extensively overgrown with aquatic and floating masses of vegetation. This extensive vegetation hinders the flow of stormwater through the lake to the small existing ditch outfall at the northeast comer of the lake. The Road Maintenance Department desires to perform a limited amount of vegetation maintenance to the vegetation growing within the lake by applying State certified herbicides to open up a flowpath through the lake. The lake area includes property owned by The Naples Botanical Garden, Inc. In order for the County to gain access to Lake Kelly, the Road Maintenance Department has requested and received permission from the property owners to both enter upon the property and apply herbicides to treat the vegetation. Naples Botanical Garden has recognized the benefit of the County limited maintenance effort and given permission to enter upon their property and perform the limited vegetation maintenance. Staff is now requesting that the Board of County Commissioners accept the Right-of-Entry document as approved by Naples Botanical Garden and the Office of the County Attorney. FISCAL IMPACT: There is no fiscal impact by approving the Right-of-Entry, and the Aquatic Plant Section of the Road Maintenance Department has the necessary herbicide inventory and equipment to perform the task. GROW'rH MANAGEMENT IMPAC,T,: None AGENPA ITF-_)~ No. il{;i'"~ I U SEP 2 2002 Executive Summary Botanical Gar'den Right-of-Entry Page; 2 of 2 RECOMMENDATION: That the Board of County Commissioners: (1) Accept the Right of Entry (2) Authorize staff to perform the services stated within the Right-of-Entry SUBMITTED BY: _'~ ~'~'~' DATE: ~//~'~/~'~ Hope Brack, Senior PropeAy Acquisition Specialist Transp~ation Right-of-Way Office ~f~ Robe~ Wiley, Principle Proj~ct'Manager [ ' - Sto~water Management Section~ECM Mike Etelamaki, Director Road ~~anment APPROVED BY: ~ DATE: No n Feder, AICP, Administrator Tran~ )o~ation Division AG, END& ITEM No. I L~: Y'~ SEP 2 ~ 2002 pg. NOON BRAND NAME: REWARD CHEMICAL NAME: DIBROMIDE DESCRIPTION: Reward is a very active water soluble non-selective contact herbicide and plant dessiccant. Reward has a rapid effect on weeds, normally within three hours. Reward has the ability to translocate thru the weed but is disrupted as a result of rapid action. It is absorbed immediately on contact with the soil and is inactive. CONTROLS: Reward controls Bladderwort, Coontail, Elodea, Naiad, Watermilfoil, Hydrilla, Pondweeds, Salvinia, Water Hyacinth, Water Lettuce and Duckweed. Reward also suppresses Pithophora and Spirogyra. Reward controls more plants than any other product on the market. BRAND NAME: RODEO CHEMICAL NAME: GLYPHOSATE DESCRIPTION: Rodeo is a broad spectrum control of emerged aquatic grasses and most broadieaf weeds and brush. CONTROLS: Most unwanted grasses especially Torpedo grass, Alligatorweed, Smartweed, Johnson grass, Maidencane, Willows and partial control of Brazilian Pepper. SEP 2 4 20[,,. EXECUTIVE SUMMARy APPROVAL OF THE FY 2002 TRANSIT DEVELOPMENT PLAN UPDATE WHICH WAS CONDUCTED BY THE CENTER FOR URBAN TRANSPORTATION RESEARCH (CUTR) AT THE TOTAL COST OF $80,000 OBJECTIVE: To approve the FY 2002 Transit Development Plan ( I uP) Updato. CONSIDERATION: In order to receive annual Block Grant Funds, each transit agency must conduct an annual update of its Transit Development Plan (TDP). On December 11, 2001, the BCC voted to authorize staff to enter into a Contractual Services Agreement with the Center for Urban Transportation Research (CUTR) at the University of South Florida to conduct the TDP Update. Task # 3.3 of the MPO's FY 2001/2002 Unified Planning Work Program (UPWP), which was adopted by the MPC Board on May 25, 2001, also called for the update of the TDP. The purpose of the TDP is to ensure that the provision of public transportation service is consistent with the travel needs and mobility goals of the local communities that are served by the transit system. By establishing a strategic focus and mission for transit services, the TDP can serve as a guide in the future development of the transit system that will meet the needs of the community that it serves. A total of six chapters are included in the TDP. Chapter 1 presents demographic, economic and travel characteristics for Collier County, including information about roadway conditions and tourism impacts. Chapter 2 presents findings of interviews with local officials and surveys. Chapter 3 identifies the goals and objectives for Collier Area Transit (CAT), as established by staff and members of the TDP Review Committee. Chapter 4 provides a performance review of CAT fixed-route service, including a peer comparison. Chapter 5 presents ridership and demand projections for CAT service for the five-year period, and a needs assessment for the system. Finally, Chapter 6 evaluates alternatives, proposes recommendations, and provides a funding element for public transportation services in Collier County. This item was presented to the Collier County Metropolitan Planning Organization at its September 13, 2002 meeting. ,~FlSCAL IMPACT:. The total cost of the project was $80,000. Collier County provided $30,000 from fund 313 (Gas Tax), Enhanced Planning Consultant Services 60109. Task # 3.3 of The MPO's FY 2001/2002 Unified Planning Work of Federal Transit Administration Section 5303 Program reflected $40,521 Planning funds and $9,479 of State/Local cash match to be utilized for this project. These funds were budgeted in the FY 2001 Budget proce,= '. in MPC Fund 126. There is no cost associated with the approval of the 20 ,2NTo~ I.~_1~ Development Plan Update. SEP 2/t 2002 GROWTH MANAGEMENT IMPACT: Consistent with Objective 12 of the Transportation Element of the Growth Management Plan. RECOMMENDATION: That the Board approve the FY 2002 Transit Development Plan (TDP) Update. Prepared by. ~'~ '~~~ Date: ~ -/~ '- ~,-~-- i Robert, M. Herrington_,,Ml;a~')Manager Reviewedb : ~f~ ,~~L_ Date: ~-l~-~ O ~.O~.~POrtatiOn Planr~ing Director Approved by: d'~Jl - Date: Norm~ :-. Fe~ler, Transportation Services Administrator SEP 2 2002 Pg. ~ EXECUTIVE SUMMARY APPROVE CHANGE ORDER WITH APAC, INC. FOR ROADWAY IMPROVEMENTS ON THE NORTH 11TM STREET EXTENSION PROJECT AT THE INTERSECTION OF STATE ROAD 29 IN THE AMOUNT OF $31,733.60, PROJECT# 62021 OBJECTIVE: To gain Board of County Commissioners' approval of a change order for roadway improvements on the North 11t~ Street Extension Project at the intersection of State Road 29. CONSIDERATIONS: The project construction phase was funded this fiscal year 2002. The consultant selected to undertake the design, Wilkison & Associates, was preparing the 90% plans when the project was stopped last November. The BCC approved a priority list at the end of December and funding for PfN 62021 seemed to be no longer available at the beginning of January 2002. Funding reappeared in the budget at the end of February and the consultant resumed the 90% plan production early March. The design phase was complete in May and the bidding of the project started in June, resulting in the award of a construction contract to APAC-Florida, Inc. on July 30 of this year. The Contract was exeCuted the following month and a Purchase Order was processed prior to Staff issuing a Notice-to-Proceed for construction activities on September 3, 2002. This funding confusion produced a three-month delay to the project that affected the schedule. The project was let without having secured all required jurisdictional permits. The application for a Drainage and Driveway Connection permit on State Road 29 was submitted to the Florida Department of Transportation (FDOT) simultaneously with the project letting in order to ensure the project start within the current fiscal year to fulfill the County's commitment to the Robert's PUD. FDOT has only recently responded to our permit application and is requiring several revisions to the plans that are the cause for the proposed change order. The plans as originally prepared by the project consultant were not in compliance with current FDOT design standards and corrections were needed. The change in quantities for this additional work is what triggered the need for the change order. The change order will provide for additional funds to cover extra paving and striping work, as well as funds to address an existing drainage issue in the project area as required by FDOT, in the amount of $31,733.60. The original contract amount for this project was $144,150.50. ,~,FISCAL IMPACT: Funds in the amount of $31,733.60 are available in the Impact Fee District 339. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve Change Order gl with APAC, Inc., for the roadway improvements on the North 11th Street Extension Project at the interseCtion of State Road 29 in the total amount of $31,733.60; and, authorize the Transportation Operations Director to execute the change order. '~~,//' .. Date:C~//~/b?~ SUBMITTED BY: j u l/is~F.sO~Te~S.~S~ M aaa get REVIEWED BY: ~~~~...~J Date~/~/~'/(}'~ ~~ortation Operati°ns Direct°r )' ~//~/~d ionEdw Date "~N°'AG~"~[ ~D~- IT~ ~ APPROVED BY: .,// ~ ' No~n,~ E~ Fe~r klCP, Transportation Administrator SEP 2 ~ 2002 Attachments:No. 1 - Pr~osed Change Order pg. \ CHANGE ORDER CHANGE ORDER #: 1 BID NO. 02-3387 PO #: 206678 TO: APAC-Florida, Inc. 14299 Alico Road Fort Myers, FL 33913 DATE: September 12, 2002 PROJECT #: 62021 PROJECT NAME: North 11th Street Extension Under our AGREEMENT dated: July 30, 2002 You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Modify Roadway Layout on S.R. 29 necessitated by Florida Department of Transportation (FDOT) review as Identified in Attached Exhibit "A". FOR THE total Additive Sum of: $ 31,733.60 (Thirty one thousand seven hundred thirty three dollars and sixty cents). Original Agreement Amount $ 144,150.50 Sum of Previous Changes $. 0.00 This Change Order (Deduct) $. This Change. t")rd~.r (Arid) $ 31,733.60 Present Agreement Amount $ 175,884.10 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment; if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: ~-/5 - ¢ ~-- ,2002 APAC-Florida, Inc. . BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Wes Tanner, Vice President DANIEL G. HALL, PE Engineer By: EDWARD J. KANT, PE AGENDA~¢~IT'E-MI Transportation Operatio ,s Bbe_ctor It . SEP 2. 2002 PcJ._ Y~- -- SEP 2 Pg' EXECUTIVE SUMMARY A RESOLUTION OF THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS REQUESTING THE INCLUSION OF 1-75, STATE ROAD 29 AND THE IMMOKALEE AIRPORT IN THE STATE OF FLORIDA STRATEGIC INTERMODAL SYSTEM. OBJECTIVE;. Adoption of a Resolution endorsing the inclusion of 1-75, SR 29 north of 1-75, and the Immokalee Airport in the State of Florida Strategic Intermodal System. CONSIDERATIONS: In January 2002, the Florida Department of Transportation (FDOT) and the Florida Transportation Commission, in coordination with other statewide organizations, began development of a new strategic intermodal transportation system for the State of Florida. This new system will be composed of all modes of transportation including aviation, highway, intermodal, rail, seaport, space and transit, as well as accommodations for bicycles and pedestrians. It will address the mobility of both people and goods, including linkages that provide for smooth and efficient transfers between modes and with major transfer facilities. Currently, 1-75, SR 29 north of 1-75, and the Immokalee Airport, which serve to ensure the efficient mobility of both people and goods, are not included in the Strategic Intermodal System and therefore could possibly be precluded from funding for future improvements. Staff is seeking the adoption of a resolution to submit to FDOT requesting the inclusion of 1-75, SR 29 and the Immokalee Airport in the State of Florida Strategic Intermodal System. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: This is consistent with Collier County's Growth Management Plan. RECOMMENDATION: Authorization for the Chairman to sign a Resolution to the Florida Department of Transportation requesting.the inclusion of 1-75, State Road 29 and the Immokalee Airport in the State~Af~lorida Strategic I~termod.al._l~Sys~em. Prepared by: ~ ~/-'-~-~-/~'(/"~'~/-'~';/-~-~2~ '~'~'-- Date: ~o~e~ M. Herrington, MP~ger Reviewed by: ~~ ~~ Date: Approved by: D ~~~~~ Planning Di rector Date:tr ~-~-~ N~r~ ~ F~e~, Transpo~ation Se~ices Administra o / EP EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIEN FOR SOLID WASTE RESIDENTIAL ACCOUNT WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIEN IS SATISFIED IN FULL FOR THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENT. FISCAL IMPACT IS $12.00 TO RECORD THE LIEN. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Lien for residential account where the County has received payment in full for the 1993 Solid Waste Collection Services Special Assessment. CONSIDERATIONS: Resolution No. 94-694 adopted by the Board on September 20, 1994 provided for the recording of the list of 1993 delinquent solid waste collection and disposal services special assessment and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 94-694 was recorded on September 22, 1994 in Official Record Book 1987, Pages 1514 through 1749 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1993 Solid Waste Collection Services Special Assessment. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Lien shall be approved by Resolution. The attached Resolution lists the account (1) that has paid in full for the 1993 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfaction of Lien and the Resolution is approximately $12.00, which is to be charged to Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 1 Satisfaction of Lien for the account listed in the Resolution and authorizing the Chairman to sign the 1 Satisfaction of Lien for the 1993 Solid Waste Collection Services Special Assessment Lien. ("~-~c:~,,~--~.,..~ Date: Prepared by: Pam Callis, Revenue Supervisor Utility B)lf~ng an! Customer Service Reviewed by: ~~. Riesen, Revenue Manager Utility Billing and Customer Service ~ Date: C'(/c~/O ~- Reviewed by: Approved~ ~ ~ic Utilities Division NOo~ SEP 2 q ! RESOLUTION NO. 2002- 2 3 4 A RESOLUTION APPROVING SATISFACTION OF LIENS 5 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL --. THE 1993 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS 9 VVHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board ]0 of County Commissioners on September 20, 1994 adopted Resolution No. 94-694 1] authorizing the recording of notices of liens for the delinquent solid waste collection and ]2 disposal services special assessments for 1993; and 13 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to t4 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 15 accounts that have been paid in full. 16 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 17 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 15 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the m 1993 Service Year Solid Waste Collection and Disposal Special Assessment for the 20 following accounts numbered below, subsequent to the adoption of Resolution No. 94-694, 2~ whereupon a lien had been recorded on real property pertaining to the accounts identified : herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein are hereby approved and the Chairman is hereby authorized to sign on behalf of the 24 Board of County Commissioners, and the Clerk is directed to record this Resolution and ~ these Satisfactions of Lien individually in the official records of Collier County: 2'/ Account No. 4129 3t This Resolution adopted this ~ day of , 2002, after motion, 32 second and majodty vote. 33 35 36 37 A'FI'EST: BOARD OF COUNTY COMMISSIONERS 38 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 39 41 BY: 43 JAMES N. COLE'CIA, CHAIRMAN 45 Approved as to form and 50' County Attomey I*0. //.z, (?'..,/ SEP 2 200Z Pi;. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 01133400000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Fails, Deforest=& Barbara P O Box 511 Copeland, FL 339260000 The Lien was recorded on the 22nd day of September 1994, in Official Record Book 1987, Pages 1514 through 1749, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Dollars and Seventy Four Cents ($100.74) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: 13 52 29 PAR A-9 FURTHUR DESC AS: COMM E CNR, S 89 DEG W 777.63FT, S 611.56FT, S 89 DEG W 350.27FT TO POB, S 89 DEG W 66.92FT, N 211.85FT, N Folio No. 01133400000 Project No. 63000 Account No. 4129 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency SEP 2 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $18.00 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1994 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 95-475 adopted by the Board on August 22, 1995 provided for the recording of the list of 1994 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 95-475 was recorded on September 14, 1995 in Official Record Book 2099, Pages 1338 through 1574 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1994 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 2 accounts that have been paid in full for the 1994 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $18.00, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 2 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 2 Satisfaction of Liens for the 1994 Solid Waste Collection Services Special Assessment Liens. AG£NOA IT[Il SEP 2 p~. i Prepared by: ~ ~ _~,_~_,~,'~. Date: Pam Callis, Revenue Supe~sor Utility ~ing and Customer Se~ice Reviewed by: ~ Date: ~eresa A. Riesen, Revenue Manager Utility Billing and Customer Se~ice Approved by: __~~ ~ ~~es W. DeLony, P.E., AdminiCator, ¢lic Utilities Division SEP 2 ~ 2002 _ PGo ~ ! RESOLUTION NO. 2002- 2 3 A RESOLUTION APPROVING SATISFACTION OF LIENS 4 FOR CERTAIN ACCOUNTS THAT HAVE PAID IN FULL THE 5 1994 SOLID WASTE COLLECTION AND DISPOSAL SERVICES 6 SPECIAL ASSESSMENTS. ,/ WHEREAS, pursuant to Collier County Ordinance No. 90-30, as amended, the Board 8 of County Commissioners on August 22, 1995 adopted Resolution No. 95-475 authorizing 9 the recording of notices of liens for the delinquent solid waste collection and disposal lo services special assessments for 1994; and tl WHEREAS, Collier County Ordinance No. 90-30, as amended, requires the Board to 12 approve by Resolution and record in the Official Records a Satisfaction of Lien on all 13 accounts that have been paid in full. lq NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 15 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier County 16 Ordinance No. 90-30, as amended, the Board recognizes full payment and receipt of the 1'/ 1994 Service Year Solid Waste Collection and Disposal Special Assessment for the 18 following accounts numbered below, subsequent to the adoption of Resolution No. 95-475, 10 whereupon a lien had been recorded on real property pertaining to the accounts identified 2o herein. The Satisfactions of Lien attached hereto referencing the accounts identified herein '--~.1 are hereby approved and the Chairman is hereby authorized to sign on behalf of the Board 22 of County Commissioners, and the Clerk is directed to record this Resolution and these 23 Satisfactions of Lien individually in the official records of Collier County: 24 ~ Account No. 3926 2.6 Account No. 17967 2-/ 30 This Resolution adopted this day of , 2002, after 31 motion, second and majority vote. 33 34 ATTEST: BOARD OF COUNTY COMMISSIONERS 35 DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA 36 3? 3s BY: 39 JAMES N. COLETTA, CHAIRMAN 41 Approved as to form and 42 ~ncy: ~-4~O& D~vid C.~igel ,5 County Attomey , / 1"G.'"O'SEP /'/' 2 "''2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 23945009059 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Isaac Homes Inc 173 Argyle St Toronto, Ontario Canada M6J 1P4 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirty Seven Cents ($104.37), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BERKSHIRE LAKES UNIT #1 BLK A LOT 38 OR 1467 PG 194 Folio No. 23945009059 Project No. 64000 Account No. 3926 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. A'I-rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By JAMES N. COLETTA, CHAIRMAN Approved as to form and legal~uf~iency ROBERT Z~HARY NO. -.~.~~. SEP 2 4 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No: 56405080006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Maple, Evelyn 417 Jones Street Immokalee, FL 339340000 The Lien was recorded on the 14~ day of September 1995, in Official Record Book 2099, Pages 1338 through 1574, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Seventy Two Cents ($106.72), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 5 LOT 28 OR 1814 PG 2215 Folio No. 56405080006 Project No. 64000 Account No. 17967 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this~ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By JAMES N. COLETTA, CHAIRMAN Approved as to form ROBERT Z~(~HARY AGE~A IT£M No.. /~, (?, ~ SEP 2 2002 EXECUTIVE SUMMARY ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1995 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $52.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1995 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-236 adopted by the Board on August 1, 2000 provided for the recording of the list of 1995 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-236 was recorded on August 8, 2000 in Official Record Book 2707, Pages 3195 through 3273 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1995 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 7 accounts that have been paid in full for the 1995 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $52.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. . RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 7 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 7 Satisfaction of Liens for the 1995 Solid Waste Collection Services Special Assessment Liens. Prepared by: (~'~~ ~ Date: Pam Callis, Revenue Supervisor Utilitv 13ilLir~g and Customer Service Reviewed by: /,////r¢.~,-'~- ~. ~ r Date: ~'' T~s~ A. Riesen, Revenue Manage ,..Utility Billing and Customer Service .(oh~,A. Yonk.,Kos~_ ? Direct~p~_) ~~,)ng a n cl_ C, ustj;xfn e r ],se rvi ce ^pproved b,: _~~~~ ~"~'~tl/~~-~  Utilities Division SEP 2 ~, ~002 ! RESOLUTION NO. 2002- 2 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1995 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS ? s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 adopted ]0 Resolution No. 2000-236 authorizing the recording of notices of liens for the ]] delinquent solid waste collection and disposal services special assessments for !2 1995; and !3 WHEREAS, Resolution No. 2000-236, was recorded on August 8, 2000 in ]4 Official Record Book 2707, Pages 3195 through 3273 of the Official Records of ]5 Collier County, Florida, which placed a lien on certain properties for the 16 delinquent solid waste collection and disposal services special assessments for l? 1995; and 18 WHEREAS, Collier County Ordinance No. 90-30, as amended, requires !9 the Board to approve by Resolution and record in the Official Records a 20 Satisfaction of Liens on all accounts that have been paid in full. 2! NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISIONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 23 County Ordinance 90-30, as amended the Board recognizes full payment and 24 receipt of the 1995 Service Year Solid Waste Collection and Disposal Special 25 Assessments for the following accounts numbered below, subsequent to the 26 adoption of Resolution No. 2000-236, whereupon a lien had been recorded on 27 real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby 29 approved and the Chairman is hereby authorized to sign on behalf of the Board 3o of County Commissioners, and the Clerk is directed to record this Resolution and 3 ! these Satisfactions of Lien individually in the official records of Collier County: 32 Account No. 1944 33 Account No. 3007 34 Account No. 4271 35 Account No. 4792 36 Account No. 5555 '-' 3? Account No. 6279 3s Account No. 21047 , 39 4o 4! 43 / AG[NBA ]TEN 44 l NO. /~ ~ SEP 2 ! 2 3 5 6 ? This Resolution adopted this day of ,2002 after s motion, second and majodty vote. ]0 DATED: BOARD OF COMMISSIONERS ]] ATTEST: COLLIER COUNTY, FLORIDA ]2 DVVIGHT E. BROCK, CLERK 13 ]4 BY: ]5 JAMES N. COLETTA, CHAIRMAN 16 17 ]8 Approved as to form and ~d~'Davi(~ C.'Weigel z3" County Attorney This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36314240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Griffin, Mark J 2218 51st St SW Naples, FL 341166922 The Lien was recorded on the 8TM day of August, 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty One Dollars and Forty Five Cents ($51.45) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT6 BLK 197 LOT 11 OR 1565 PG 520 Folio No. 36314240009 -- Project No. 65001 Account No. 1944 Collier County, a political subdivision of the State of Florida, hereby {' acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN ' Approved as to form and legal sufficiency AG(~ NDA ITEN NC) SEP 200Z : PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 39203520002 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Heimer, Troy L Lee Heimer 261 12th St SE Naples, FL 341173670 The Lien was recorded on the 8th day of August, 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Fifty One Dollars and Forty Five Cents ($51.45) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 48 N 150FT OF TR 52 OR 1209 PG 1838 Folio No. 39203520002 Project No. 65001 Account No. 3007 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A'CI'EST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:. CHAIRMAN Approved as to form and legal sufficiency AG£NDA II£M .0. SEP 2002 PG., This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 23945009059 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Isaac Homes Inc 173 Argyle St Toronto, Ontario Canada M6J 1P4 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BERKSHIRE LAKES UNIT #1 BLKA LOT 38 OR 1467 PG 194 Folio No. 23945009059 Project No. 65000 Account No. 4271 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ' By: JAMES N. COLE'IrA, CHAIRMAN Approved as to form and legal sufficiency AG£NDA I T£~,I SEP 2 4 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 24982440007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Norton, Fay E Johnathan Norton 1923 Harbor Ln Naples, FL 341044215 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BROOKSIDE UNIT 3 PLAT 2 BLK F LOT 38 Folio No. 24982440007 Project No. 65000 Account No. 4792 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLE'IrA, CHAIRMAN Approved as to form and legal sufficiency SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 27192504154 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Napoleon, Marlene 664 Hope Cir Immokalee, FL 341424254 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Five Dollars and Twenty Nine Cents ($105.29), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COLLIER VILLAGE LOT 21 OR 1944 PG 68 Folio No. 27192504154 Project No. 65000 Account No. 5555 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency NO.~ SEP 2 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 70970960006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Schrerer, Hubert P=& Diana E 536 Raven Way Naples, FL 341101166 The Lien was recorded on the 8th day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Seven Dollars and Sixteen Cents ($77.16) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROSEMARY HGTS LOT 29 OR 1733 PG 750 Folio No. 70970960006 Project No. 65001 Account No. 6279 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: CHAIRMAN ' Approved as to form and legal sufficiency RC~BER~I' ~RY NO._ (,~ ~ SEP 2 Q 2082 PG._ /~ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61480920008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Curtis, James F=& Mary C 1947 Shadowlawn Dr Naples, FL 341123806 The Lien was recorded on the 8m day of August 2000, in Official Record Book 2707, Pages 3195 through 3273, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Two Dollars and Eighty Nine Cents ($102.89), plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES BETTER HOMES 1sT ADD BLK 4 LOT 5 LESS W 3FT PJW + S1/2 OF LOT4 OR 1517 PG 1870 Folio No. 61480920008 Project No. 65000 Account No. 21047 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLE'I-I'A, CHAIRMAN Approved as to form and legal sufficiency SEP 2 EXECUTIVE SUMMARy ADOPT A RESOLUTION APPROVING THE SATISFACTION OF LIENS FOR SOLID WASTE RESIDENTIAL ACCOUNTS WHEREIN THE COUNTY HAS RECEIVED PAYMENT AND SAID LIENS ARE SATISFIED IN FULL FOR THE 1996 SOLID WASTE COLLECTION AND DISPOSAL SERVICES SPECIAL ASSESSMENTS. FISCAL IMPACT IS $58.50 TO RECORD THE LIENS. OBJECTIVE: Adopt a Resolution approving the Satisfaction of Liens for residential accounts where the County has received payment in full for the 1996 Solid Waste Collection Services Special Assessments. CONSIDERATIONS: Resolution No. 2000-237 adopted by the Board on August 8, 2000 provided for the recording of the list of 1996 delinquent solid waste collection and disposal services special assessments and a mailing of a written notice of the imposition of each residential unit lien. Resolution No. 2000-237 was recorded on August 8, 2000 in Official Record Book 2708, Pages 0199 through 0309 of the Official Records of Collier County, Florida, which placed a lien on certain residential properties for the 1996 Solid Waste Collection Services Special Assessments. Collier County Ordinance No. 90-30, as amended, provides that Satisfaction of Liens shall be approved by Resolution. The attached Resolution lists the 8 accounts that have been paid in full for the 1996 Solid Waste Collection Services Special Assessment Lien. FISCAL IMPACT: The fiscal impact for recording the Satisfactions of Liens and the Resolution is approximately $58.50, which is to be charged to (Fund 473) Public Utilities/Mandatory Solid Waste. GROWTH MANAGEMENT IMPACT: Them is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners adopt the attached Resolution approving the 8 Satisfaction of Liens for the accounts listed in the Resolution and authorizing the Chairman to sign the 8 Satisfaction of Liens for the 1996 Solid Waste Collection Services Special Assessment Liens. SEP 2 002 Prepared by: ~'~)c"-,,~ ~"~~ Date: C~ Pam Callis~evenue Supe~isor Utility B~g and Customer Se~ice Reviewed by: ~~~ Date: ~~ ~ ~e~a A. Riesen, Revenue Manager Utility Billing and Customer Se~ice ~Ja~e's W. BeLony, ~E., Administrator, Olic Utilities Divisfon ! RESOLUTION NO. 2002- 2 3 A RESOLUTION APPROVING SATISFACTION OF 4 LIENS FOR CERTAIN ACCOUNTS THAT HAVE PAID IN 5 FULL THE 1996 SOLID WASTE COLLECTION AND 6 DISPOSAL SERVICES SPECIAL ASSESSMENTS 7 s WHEREAS, pursuant to Collier County Ordinance No. 90-30, as 9 amended, the Board of County Commissioners on August 1, 2000 adopted l0 Resolution No. 2000-237 authorizing the recording of notices of liens for the it delinquent solid waste collection and disposal services special assessments for 12 1996; and' 13 WHEREAS, Resolution No. 2000-237, was recorded on August 8, 2000 in 14 Official Record Book 2708, Pages 0199 through 0309 of the Official Records of ]5 Collier County, Florida, which placed a lien on certain properties for the 16 delinquent solid waste collection and disposal services special assessments for l? 1996; and Is WHEREAS, Collier County Ordinance No. 90-30, as amended, requires ]9 the Board to approve by Resolution and record in Official Records a Satisfaction :2o of Liens on all accounts that have been paid in full. 21 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 22 COMMISlONERS OF COLLIER COUNTY, FLORIDA, that pursuant to Collier 23 County Ordinance No. 90-30, as amended the Board recognizes full payment :24 and receipt of the 1996 Service Year Solid Waste Collection and Disposal 25 Special Assessments for the following account numbered below, subsequent to 26 the adoption of Resolution No. 2000-237, whereupon a lien had been recorded 27 on real property pertaining to the accounts identified herein. The Satisfactions of 2s Lien attached hereto referencing the accounts identified herein are hereby :29 approved and the Chairman is hereby authorized to sign on behalf of the Board 3o of County Commissioners, and the Clerk is directed to record this Resolution and 3] these Satisfactions of Lien individually in the official records of Collier County: 32 Account No. 1766 33 Account No. 4433 34 Account No. 5018 35 Account No. 5791 36 Account No. 17064 37 Account No. 21092 3s Account No. 23139 , 39 Account No. 30504 4o 4] 43 44 SEP 2 2002 1 2 3 4 5 This Resolution adopted after this day of , 2002, after 6 motion, second and majority vote. 7 8 9 DATED: BOARD OF COUNTY COMMISSIONERS ]0 ATTEST: COLLIER COUNTY, FLORIDA 1] DW1GHT E. BROCK, CLERK ]3 BY: ]4 JAMES N. COLE'IrA, CHAIRMAN 15 16 Approved as to form and ~7 Legal sufficiency: 280 David C.)/V~igel 2 ] County Attorney SEP 2 ZOOZ This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36314240009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Griffin, Mark J 2218 51st St SW Naples, FL 341166922 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seventy Eight Dollars and Ten Cents ($78.10) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE UNIT 6 BLK 197 LOT 11 OR 1565 PG 520 Folio No. 36314240009 Project No. 66001 Account No. 1766 ,~, Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A'i-rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.' BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N COLETTA, CHAIRMAN Approved as to form and legal sufficiency ROBERT SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 23945009059 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Isaac Homes Inc 173 Argyle St Toronto, Ontario Canada M6J 1P4 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: BERKSHIRE LAKES UNIT #1 BLK A LOT 38 OR 1467 PG 194 Folio No. 23945009059 Project No. 66000 Account No. 4433 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A'I-rEST: BOARD OF COUNTY COMMISSIONERS' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency lGi' Ni3~ IT[~' ROE~ERT ZAI~I-~RY NO. /~, ~_, ~7~ ! SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 24982440007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Norton, Fay E Jonathan Norton 1923 Harbor Ln Naples, FL 341044215 The Lien was recorded on the 8TH day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Flodda, described as follows: BROOKSIDE UNIT 3 PLAT 2 BLK F LOT 38 Folio No. 24982440007 Project No. 66000 Account No. 5018 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS ' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency ROBERT 7_.&C'~ R Y SEP 2 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 27192504154 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That ~he BI:~ARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Napoleon, Marlene 664 Hope Cir Immokalee, FL 341424254 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Cimuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: COLLIER VILLAGE LOT 21 OR 1944 PG 68 Folio No. 27192504154 Project No. 66000 Account No. 5791 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ' By:. JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZAI~HARY - ! SEP 2q 002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 40745040000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Wilhelm, Robert=& Marcia 4211 6th Ave NE Naples, FL 341209030 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: GOLDEN GATE EST UNIT 78 W165FT OF TR 61 OR 1888 PG 473 Folio No. 40745040000 Project No. 66000 Account No. 17064 Collier County, a political subdivision of the State of Flodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Flodda, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency SEP 2 2002 PG. This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 56405080006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Belizaire, Ernest PO Box 2641 Immokalee, FL 341432641 The Lien was recorded On the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Six Dollars and Sixty One Cents ($106.61) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: MAINLINE BLK 5 LOT 28 Folio No. 56405080006 Project No. 66000 Account No. 21092 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Li~n, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA ' By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency ROBERT ZACfi-I~,RY N0 SEP 2 PG. ,,, This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 61480920008 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Curtis, James F=& Mary C 1947 Shadowlawn Dr Naples, FL 341123806 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Hundred Four Dollars and Thirteen Cents ($104.13) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: NAPLES BETTER HOMES 1sT ADD BLK 4 LOT 5 LESS W 3FT R/W+ S1/2 OF LOT4 OR 1517 PG 1870 Folio No. 61480920008 Project No. 66000 Account No. 23139 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this . day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS' DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency SEP 2 q 2002 This instrument prepared by: Robert Zachary Assistant County Attomey Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 70970960006 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENT: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Schrerer, Hubert P=& Diana E 536 Raven Way Naples, FL 341101166 The Lien was recorded on the 8TM day of August 2000, in Official Record Book 2708, Pages 0199 through 0309, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Twelve Dollars and Thirty Nine Cents ($312.39) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: ROSEMARY HGTS LOT 29 OR 1733 PG 750 Folio No. 70970960006 Project No. 66000 Account No. 30504 Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E.. BROCK, CLERK COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency NO. SEP 2 EXECUTIVE SUMMARy AUTHORIZATION TO EXECUTE AND RECORD SATISFACTIONS FOR CERTAIN WATER AND/OR SEWER IMPACT FEE PAYMENT AGREEMENTS. FISCAL IMPACT IS $34.50 TO RECORD THE SATISFACTIONS. OBJECTIVE: Approval of and authorization for the Chairman to execute satisfactions for agreements to extend installment payment of water and/or sewer system impact fees. CONSIDERATIONS: The Board of County Commissioners of Collier County, FLorida as Ex-Officio the Governing Board of the Collier County Water Sewer District, is the owner and holder of the Notice of Promise to Pay and Agreement to Extend Payment of Water and/or Sewer System Impact Fees executed by: SEE ATTACHED EXHIBIT "A" Full payment and satisfactions of these agreements have been made. The County Attorney's Office has reviewed and approved the satisfactions. FISCAL IMPACT: Satisfaction of these agreements has increased water and sewer impact fees by $8,037.56. The fiscal impact for recording the Satisfaction of Liens is approximately $34.50, which is to be charged to (Fund 408) the County Water/Sewer Operating Fund Utility Billing cost center. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: Recommendation to acknowledge full payment and the satisfactions of these agreements and to surrender the same as canceled. Authorize the Chairman to execute the Satisfaction of Notice of Promise to Pay and Agreement. Prepared by: ~'-~,~,,~ ~k, ~~ Date: c~ .c~.o~ Pam Ca~,~eve~ue Supe~isor ~ Utilit~ii~g and Customer Se~ice ~r~sa A. Riesen, Revenue Manager Utility Billing and Customer Se~ice Reviewed by:~~~~ Da te: ~f~ ;~ ~ Jo~fl ~. Yonk°~v~ir~/ ~~n~ a~ Cu~°~¢Se~ice Approved by' ~"~~~ ~ ~' ~ ~ /A~ ¢~ Date: tilities Division NO. . 2 S EP 2 ~ ZOO2 .... j EXHIBIT "A"SATISFIED 1. Ray C. Jones, a single man, securing the principal balance of one thousand seven hundred dollars and no cents ($1,700.00). Folio//81620480003 2. Yolande Leonel, a remarried woman, securing the principal balance of two thousand three hundred seventy eight dollars and eighty cents ($2,378.80). Folio //62206760001 3. Linda Ann Marani, a single woman, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio //81630400002 4. Christopher Prichard, and Robyn Prichard, husband and wife, securing the principal balance of one thousand five hundred ninety eight dollars and seventy- six cents ($1,598.76). Folio//62157200005 5. Robert M Smith, a married man, and Dennis Lee Smith, a single man, securing the principal balance of one thousand one hundred eighty dollars and no cents ($1,180.00). Folio//81620040003 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNow ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Ray C. Jones A single man Whose mailing address is 180 Pine Key Lane Naple. s, FL 34114 Beadng the date of the 23rd day of July, 1999, recorded in Official Record Book 2589 Page(s) 0893, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Seven Hundred Dollars and No Cents ($1,700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 12, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM AS MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, AT PAGES 1883 THROUGH 1932, INCLUSIVE, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81620480003 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of FIodda, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, FIodda, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal RO~ER']-Z~C~ARY JAMES N. COLETTA, CHAIRMAN SEP 2 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Yolande Leonel A remarried woman Whose mailing address is 1795 55"~ Terrace S.W., Apt. C, Naples, FL 33999 Bearing the date of the 22nd day of March, 1995, recorded in Official Record Book 2042 Page(s) 0290, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of Two Thousand Three Hundred Seventy Eight Dollars and Eighty Cents ($2,378.80) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 35, BLOCK 11, NAPLES MANOR EXTENSION, ACCORDING TO PLAT IN PLAT BOOK 3, PAGE 101, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62206760001 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal A G F..,.,"t~) A IT£,N N0. /~,, ~_. _~--' SEP 2 2002 ~. Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Flodda 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Linda Ann Marani A single woman Whose mailing address is 281 Indian Key Naples, FL 34114 Bearing the date of the 11th day of August, 1999, recorded in Official Record Book 2600 Page(s) 3012, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 260, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM, ACCORDING TO THE DECLARATION OF CONDOMINIUM RECORDED IN O.R. BOOK 630. PAGES 1883 TO 1932, INCLUSIVE, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 81630400002 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal ARY JAMES N. COLE'IrA, CHAIRMAN SEP 2 2002 Prepared by: Robert Zachary Assistant County Attomey Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Christopher Prichard and Robyn Prichard Husband and wife Whose mailing address is 5346 Sholtz Street Naples, FL 33962 Bearing the date of the 13th day of February, 1995, recorded in Official Record Book 2032 Page(s) 0471, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand Five Hundred Ninety Eight Dollars and Seventy six Cents ($1,598.76) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12, BLOCK 11, NAPLES MANOR ANNEX, ACCORDING TO PLAT IN PLAT BOOK 1, PAGE 110, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FOLIO NUMBER: 62157200005 Collier County, a political subdivision of the State of Florida, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal ,0. I SEP 2 4 2002 Prepared by: Robert Zachary Assistant County Attorney Office of County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 SATISFACTION OF NOTICE OF PROMISE TO PAY AND AGREEMENT TO EXTEND PAYMENT OF WATER AND/OR SEWER SYSTEM IMPACT FEE KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT, was the owner and holder of a certain Agreement with the following: Robert M Smith A married man and Dennis Lee Smith, A single man Whose mailing address is 101 Islamorada Lane #1 Naples, FL 34114 Beadng the date of the 21st day of July, 1999, recorded in Official Record Book 2582 Page(s) 2962, in the Office of the Clerk of the Circuit Court of Collier County, State of Florida, which Agreement imposes a lien on the subject real property. The Lien secures the principal sum of One Thousand One Hundred Eighty Dollars and No Cents ($1,180.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: UNIT NO. 1, WEST WIND MOBILE HOME ESTATES, A CONDOMINIUM As MORE FULLY SHOWN IN OFFICIAL RECORD BOOK 630, PAGES 1883 THROUGH 1932, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AS AMENDED; TOGETHER WITH ALL UNDIVIDED INTEREST IN THE COMMON ELEMENTS OR SURPLUSES ACCRUING TO SAID PROPERTY. FOLIO NUMBER: 81620040003 Collier County, a political subdivision of the State of Flodda, and the Collier County Water-Sewer District, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, and as Ex-Officio the Governing Board of the Collier County Water-Sewer District, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this__ day of ,2002. AGENDA ] TE/'I ~ SEP 2 A'I-rEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER-SEWER DISTRICT Approved as to form and legal SEP 2 ~ ~G._ EXECUTIVE SUMMARY APPROVE THE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPERTY FOR ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. FISCAL IMPACT IS $t32.00 TO RECORD THE LIENS. OBJECTIVE: Approve the satisfaction of lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the public records of Collier County, Florida. CONSIDERATION: Authorize the filing of satisfaction of Liens, for previously recorded liens that have subsequently been paid. SEE ATTACHED EXHIBIT "A" Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the public Records of Collier County, Florida. FISCAL IMPACT: Recording the Satisfaction of Liens is appro~(imately $132.00 and will be charged to MSTD General Fund (111) - Code Enforcement Admin. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with these items. RECOMMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction 'of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Pam Ca,is/Revenue Supervisor "" Utility/~ng and Customer Service Reviewed by: ,,~" /- ~ Date: T/e"re"sa A. Riesen, Revenue Manage Utility Billing and Customer Service .ev,ewe~ ~ ~~'~~-~'. Johq~,: Yonkbsk~,..~D. jm~tor) Utilit~L~illing a~to~er-S~rvice ~D /j~s W. ~eEony~.E/, Administrator,  c Utilities Division' SEP 2 ~. 2002 PG.~, .,~ ,' ,,. EXHIBIT "A" 1. Guinta Jr ET AL, Samuel R., Folio #75460400000, Lot 12 Block 2, Sunny Trail Heights Subdivision 2. Iglesias, Enrique, Folio #41226080009, The East 180' o£Tract 67, Golden Gate Estates, Unit 86 3. Joyce, Mr. Wallace L, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia Haroskewicz, Ms. Judith J Corso, Ms. Lauren K Bowers, #74412200000, Lot 5 Block D, South Tamiami Heights 4. Joyce, Mr. Wallace L, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia Haroskewicz, Ms. Judith J Corso, Ms. Lauren K Bowers, Folio #74412200000, Lot 6, Block D, South Tamiami Heights 5. Joyce, Mr. Wallace L, Mr. Lawrence Joyce, Ms. Joan H Hubbard, Ms. Barbara Showalter, Ms. Patricia Harowkewicz, Ms. Judith J Corso, Ms. Lauren K Bowers, Folio #74412200000, Lot 5, Block D, South Tamiami Heights 6. Joyce, Lawrence K. & Helen M., Folio//74412200000, Lot 5, Block D, South Tamiami Heights 7. Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce, Folio #74412200000, Lot 5, Block D, South Tamiami Heights 8. Joyce, Lawrence K Estate, Folio #74412200000, Lots 5, Block D, South Tamiami Heights 9. Joyce, Wallace L, Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce, Folio #74412200000, Lots 5 and 6, Block D, South Tamiami Heights 10. Joyce, Wallace L., Lawrence H., Hubbard, Joan J., Larson, Barbara J., Haroskewicz, Patricia J., Corso, Judith J. & Joyce, Lauren, Folio #74412200000, Lot 5 and 6, Block D, South Tamiami Heights 11. Kidwell, Margaret H, Folio #35743280000, Lot 16, Block 19, Unit 2, Golden Gate 12. Nero, Nick & Colleen, Folio #62702520004, Lot 50, Block 45, Naples Park Unit 4 13. Prindiville, Johanna M, Folio #36122560007, Lots 12 Block 135 Unit 4 Part, Golden Gate 14. Prindiville, Johanna M, Folio #36122560007, Lot 12 Block 135 Unit 4 Part, Golden Gate 15. Prindiville, Raymond J., Johanna M. Prindiville, Folio #36122560007, Lot 12 Block 135 Unit 4 Part, Golden Gate 16. Prindiville, Johanna M, Folio #36122560007, Lots 12 Block 135 Unit 4 Part, Golden Gate 17. Snyder, Robert O, Folio #52399760009, Lot 385, Isles Of Capri, No. 2 18. Springs, Matthew J. & Paula A., Folio #55502640007, Lot 1, Block 19, Lely Tropical Estates 19. Torres, Gerardo & Cri'selda, Folio #36000000003, Lot 13, Block 100, Golden Gate, Unit 3 20. Torres, Gerardo & Criselda, Folio #36000000003, Lot 13, Block 100, Golden Gate, Unit 3 21. Torres, Gerardo & Griselda, Folio #36000000003, Lot 13, Block 100, Golden Gate, Unit 3 22. Wood TR, Aubrey N., Folio #55150840000, Lely Golf Estates Tract Map, Tract L n0. SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 75460400000 SATISFACTION OF LIEN KNOW ALL IvlEN BY THESE PRESENTS: That the BOARD OF COUNTY COMIvlISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Guinta Jr ET AL, Samuel R % Guinta Investments 4155 Sacramento Blvd Medina, OH 44256 The Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 page 2693 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, .... Florida, described as follows: LOT 12, BLOCK 2, SUNNY TRAIL HEIGHTS SUBDIVISION, ACCORDING TO THE MAP OR PLAT THEREOF ON FILE AND RECORDED IN THE OFFICE OF THE CLERK OF CIRCUIT COURT OF COLLIER COUNTY, FLORIDA, IN PLAT BOOK 4, PAGE 43. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLETFA, CHAIRMAN Approved as to form an~ency R(bBER~r Z~C ~IARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 41226080009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Iglesias, Enrique 4525 Coral Palm #6 Naples, Florida 34116 The Lien was recorded on the 21st day of August 2001, in Official Record Book 2879 page 0138 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Six Hundred Ninety Dollars and No Cents ($690.00) plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: THE EAST 180' OF TRACT 67, GOLDEN GATE ESTATES, U'NIT 86, ACCORDING TO MAP OR PLAT THEREOF RECORDED PLAT BOOK 5, PAGE 25, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Approved as to form R(SBERT Zr/(C~IARY SEP PG., .b This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mr. Wallace L Joyce, 506 Quinnipiac Ave., North Haven, CT 06473 Mr. Lawrence Joyce, 1268 Commercial Ave., Coos Bay, OR 97420 Ms. Joan H Hubbard, 110 High St., Clinton, CT 06413 Ms. Barbara Showalter, 127 Maple St., East Haven, CT 06512 Ms. Patricia Haroskewicz, 389 Ocean Ave., West Haven, CT 06516 Ms. Judith J Como, 128 Robert Dr., East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St., Branford CT 06405 The Lien was recorded on the 31st day of August 1998, in Official Record Book 2455 page 3225 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Sixty Dollars and No Cents ($260.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 BLOCK D, SOUTH TAMIAMI HEIGHTS AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of paymem in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form an~iency .~ RO~ERT~Z~CHARY nO, SEP 2 2002 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mr. Wallace L Joyce, 506 Quinnipiac Ave., North Haven, CT 06473 Mr. Lawrence Joyce, 1268 Commercial Ave., Coos Bay, OR 97420 Ms. Joan H Hubbard, 110 High St., Clinton, CT 06413 Ms. Barbara Showalter, 127 Maple St., East Haven, CT 06512 Ms. Patricia Haroskewicz, 389 Ocean Ave., West Haven, CT 06516 Ms. Judith J Corso, 128 Robert Dr., East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St., Branford CT 06405 The Lien was recorded on the 31st day of August 1998, in Official Record Book 2455 page 3227 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Sixty Dollars and No Cents ($260.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 6, BLOCK D, SOUTH TAMIAMI HEIGHTS AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLOR_IDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETFA, CHAIRMAN Approved as to form /ncy ~ ROBE~T~A~tARY I ' ~,c~£~c~ ~'~ SEP 2 20O') This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Mr. Wallace L Joyce, 506 Quinnipiac Ave, North Haven, CT 06473 Mr. Lawrence Joyce, 1268 Commercial Ave, Coos Bay, OR 97420 Ms. Joan H Hubbard, 110 High St, Clinton, CT 06413 Ms. Barbara Showalter, 127 Maple St, East Haven, CT 06512 Ms. Patricia Harowkewicz, 389 Ocean Ave, West Haven, CT 06516 Ms. Judith J Corso, 128 Robert Dr, East Haven, CT 06512 Ms. Lauren K Bowers, 62 Grove St, Branford CT 06405 The Lien was recorded on the 16th day of March 1999, in Official Record Book 2523 page 3406 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK D, SOUTH TAMIAMI HEIGHTS AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A'FI'EST: BOARD OF COUNTY COMMISSIONERS, DWIGH.T E. I~ROCK, Clerk COLLIER COUNTY, FLORIDA ...... By: JAMES N. COLETTA, CHAIRMAN Approved as to form ~ciency I~OBL:~RT~A/CHARY ,i0._ ^c,r ~o~, ~ SEP 2 2002 This instrument prepared by: Robert Zachary Assistant Count' Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Lawrence K. & Helen M. 506 Quinnipiac Ave No~th Haven, CT 06473 The Lien was recorded on the 21st day of August 2001, in Official Record Book 2879 page 0162 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK D, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETI'A, CHAIRMAN Approved as to form R(3BEI~T Z,~HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COLrNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave North Haven, CT 06473 The Lien was recorded on the 3rd day of October 2001, in Official Record Book 2901 page 1761 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5, BLOCK D, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATI'EST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficient; ~ SEP 2 6 2¢[.'2 This instrtunent prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Lawrence K Joyce Estate % Wallace L Joyce 69 Main St East Haven, CT 06512 The Lien was recorded on the 23rd day of August 1996, in Official Record Book 2220 page 1867 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Seven Hundred Dollars and No Cents ($700.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5, BLOCK D, SOUTH TAMIAMI HEIGHTS AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency AG£t. DA I T f..~ SEP 2 t, This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Joyce, Wallace L., Lawrence H., Joan J. Hubbard, Barbara J. Larson, Patricia J. Haroskewicz, Judith J. Corso & Lauren Joyce 506 Quinnipiac Ave North Haven, CT 06473 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 page 3070 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 5 AND 6, BLOCK D, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form SEP 2 4 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 74412200000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Joyce, Wallace L., Lawrence H., Hubbard, Joan J., Larson, Barbara J., Haroskewicz, Patricia J., Corso, Judith J. & Joyce, Lauren 506 Quirmipiac Ave North Haven, CT 06473 The Lien was recorded on the 30th day of April 2002, in Official Record Book 3027 page 2707 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 5 AND 6, BLOCK D, SOUTH TAMIAMI HEIGHTS, AS RECORDED AND PLATTED IN PLAT BOOK 3, PAGE 44, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to ac'knowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form ROhER>I~ZA~'I~a~Ry ~ac,o~ ~'t~ SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 35743280000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Kidweli, Margaret H PO Box 1689 Naples, FL 34116 The Lien was recorded on the 3rd day of March 2002, in Official Record Book 2993 page 3076 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 16, BLOCK 19, UNIT 2, GOLDEN GATE, AS PER PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 67, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. A'FI'EST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form Hency This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 62702520004 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Nero, Nick & Colleen 12930 Lynn Dr Chesteriand, OH 44026 The Lien was recorded on the 13th day of February 2002, in Official Record Book 2980 page 3074 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real properly situated in Collier County, Florida, described as follows: LOT 50, BLOCK 45, NAPLES PARK UNIT 4, ACCORDING TO PLAT THEREOF OF RECORDED IN PLAT BOOK 3, PAGE(S) 7, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLETrA, CHAIRMAN Approved as to form and ie al s iency ROBERT ZAC~HARY J SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36122560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COLINTY, FLORIDA was the owner and holder of a certain Lien against: Johanna M Prindiville % Mrs Foley 1507 Bayberry Ln Point Pleasant, NJ 07842 The Lien was recorded on the 15th day of March 1996, in Official Record Book 2159 page 0872 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of One Thousand Six Hundred Fifty Dollars and No Cents ($1,650.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 12 BLOCK 135 UNIT 4 PART -- GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 112 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac ~knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of · ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal~.~x~ency RO]$ERT~ZI~HARY AG£~ I1£~ . I SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36122560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johanna M Prindiville % Mrs Foley 1507 Bayberry Ln Pt Pleasant, NJ 07942 The Lien was recorded on the 15th day of March 1996, in Official Record Book 2159 page 0879 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12 BLOCK 135 UNIT 4 PART -- GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 112 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLETTA, CHAIRMAN Approved as to form . ROBERT Z~'CHARY SEP ? , This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36 ! 22560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Raymond J. Prindiville Johanna M. Prindiville 124A Tulip Court Whiting, New Jersey 08759 The Lien was recorded on the 4t~ day of December 1989, in Official Record Book 001488 page 001330 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Twenty Five Dollars and No Cents ($225.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 12 BLOCK 135 UNIT 4 PART -- GOLDEN GATE ACCORDING TO PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 112 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETI'A, CHAIRMAN Approve~l as to form RrBER~ Z~CH~A RY ! SEP q / This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (94 I) 774-8400 Property Folio No. 36122560007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Johanna M Prindiville % Mrs Foley 1507 Bayberry Ln Pt Pleasant, NJ 07842 The Lien was recorded on the 30th day of December 1996, in Official Record Book 2266 page 0166 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOTS 12 BLOCK 135 UNIT 4 PART -- GOLDEN GATE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGE 112 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATI'EST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form ~ciency~._~ '/C %,/ R6BERT EeA~2 HARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 52399760009 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Snyder, Robert O 2900 Dibblee Ave Columbus, OH 43204 The Lien was recorded on the 6th day of March 2002, in Official Record Book 2993 page 3080 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Fifty Five Dollars and No Cents ($255.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 385, ISLES OF CAPRI, NO.2, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 3, PAGE 46, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this ~ day of ,2002. ATrEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form an~ncy ROBERT'ZA'(2ftARY This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34l 12 (941) 774-8400 Property Folio No. 55502640007 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Springs, Matthew ]. & Paula A. 440 25~ ST SW Naples, FL 34117 The Lien was recorded on the 19~ day of Sune 2002, in O~cial Record Book 3058 page 0570 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Three Hundred Ninety Dollars and No Cents ($390.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 1, BLOCK 19, LELY TROPICAL ESTATES, ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 10, PAGE 89, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ., 2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form SEP 2 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36000000003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Torres, Gerardo & Criselda 4479 28th PL. SW Naples, FL 34116 The Lien was recorded on the 21 st day of August 2001, in Official Record Book 2879 page 0158 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Seventy Dollars and No Cents ($270.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK I00, GOLDEN GATE, UNIT 3, ACCORDING TO PLAT THEREOF AS, RECORDED IN PLAT BOOK 5, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction-of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form an~ncy RO~ERT,~HARY N0. I SEP 262D02 ! This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36000000003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Torres, Gerardo & Criselda 4479 28th PL. SW Naples, FL 34116 The Lien was recorded on the 5a' day of December 2000, in Official Record Book 2750 page 2047 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 100, GOLDEN GATE, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby ac'knowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form ROBERT ZAP2 I~ARY .0.. /6 SEP 2 2 02 This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tarniami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 36000000003 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder of a certain Lien against: Torres, Gerardo & Griselda 1830 28* AVE SW Naples, FL 34116 The Lien was recorded on the 19th day of December 2000, in Official Record Book 2756 page 0071 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Two Hundred Forty Five Dollars and No Cents ($245.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LOT 13, BLOCK 100, GOLDEN GATE, UNIT 3, ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 5, PAGE 101, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier County, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By:. JAMES N. COLE'UFA, CHAIRMAN Approved as to form an.~a¢~'ency ROBERY Z,i~C'~-IARY N0,.__J_~..~,e_~ SEP 2 A This instrument prepared by: Robert Zachary Assistant County Attorney Office of the County Attorney 3301 East Tamiami Trail Naples, Florida 34112 (941) 774-8400 Property Folio No. 55150840000 SATISFACTION OF LIEN KNOW ALL MEN BY THESE PRESENTS: That the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA was the owner and holder ora certain Lien against: Wood TR, Aubrey N. Land Trust UTD 2/26/92 58 Ocean Blvd. Naples, FL 34104 The Lien was recorded on the 21st day of August 2001, in Official Record Book 2879 page 0142 in the Office of the Clerk of the Circuit Court of Collier County, State of Florida. The Lien secures the principal sum of Four Hundred Seventy Five Dollars and No Cents ($475.00) plus accrued interest and penalties, if any, and imposes certain obligations against real property situated in Collier County, Florida, described as follows: LELY GOLF ESTATES TRACT MAP, TRACT L, AS RECORDED IN PLAT BOOK 8, PAGE 20, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. Collier County, a political subdivision of the State of Florida, hereby acknowledges receipt of payment in full satisfaction of the Lien and hereby cancels the Lien. The Clerk of the Circuit Court is hereby directed to record this Satisfaction of Lien in the Official Records of Collier County, Florida, to acknowledge that the Lien ceases to exist. IN WITNESS WHEREOF, the Board of County Commissioners of Collier Coumy, Florida, acting through its Chairman, directs execution and recording of this Satisfaction of Lien, by action of the Board this __ day of ,2002. ATTEST: BOARD OF COUNTY COMMISSIONERS, DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: JAMES N. COLETTA, CHAIRMAN Approved as to form and le al s~cy SEP 2 _ EXECUTIVE SUMMARY WAIVE PURCHASING POLICY THRESHOLD FOR FORMAL COMPETITION AND APPROVE A PURCHASE ORDER MODIFICATION FOR THE ADJUSTMENT OF WATER AND SEWER VALVES RELATED TO THE WIDENING OF U. S. 41 FROM RATTLESNAKE HAMMOCK ROAD TO BAREFOOT WILLIAMS ROAD, PROJECTS 70045 AND 73045, IN THE AMOUNT OF $9,859. OBJECTIVE: To minimize disruptions to water and sewer service associated with the timely construction of this important road improvement project. CONSIDERATIONS: APAC of Florida, Inc. is widening U.S. 41 between Rattlesnake Hammock Road and Barefoot Williams Road for the Florida Department of Transportation (FDOT). Collier County water and wastewater facilities have valve and air release valve (ARV) boxes that require adjustments to match the new road grade. On January 8, 2002 staff issued Purchase Order 203811 in the amount of $24,916 to APAC of Florida, Inc. for the adjustments of the valves and ARV's. The purchase order included $15,098 for water facilities and $9,818 for wastewater facilities. During the course of road construction it was determined that additional water and wastewater facilities required adjustments. As a result, the total amount of adjustments required has exceeded the $25,000 threshold for which Board approval is required. Staff believes it is in the best interest of the County to award this work to APAC of Florida, Inc. FISCAL IMPACT: Funds in the amount of $9,859 are needed to increase this purchase order to a total of $34,775. Additional funds in the amount of $4,269 are available from County Water Capital Projects and additional funds in the amount of $5,590 are available from County Sewer Capital Projects. The sources of both funds are user fees. GROWTH MANAGEMENT IMPACT: This project involves the relocation of existing utility facilities and 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, waive the County purchasing policy requirements for formal competition IV(A)], approve, and authorize staff to modify Purchase Order 203811 to APAC of Florida, Inc., to increase the amount to $34,775. Ronald F. Dillard, P.E., Senior Project Manager Public Utilities Engineering Department AG£ND^ IT£~ /~ NO.__~_~_~ SEP 2 q 2002 Executive Summary Approve Purchase Order Modification Page 2 REVIEWED BY:_ /~ ~E~---- DATE: Anderson, P.E., Director Public Utilities Engineering Department ~- Stephen Y. Cam~ll, Purchasing ~irector ~VIE~D BY: - Paul ~attausch, Water Director ~ViE~DBY: ~' ~ . or DATE: ~'~'~ J~eph Cheatham, Was~r D~rect es W. D~ny, p.E.~blic Utilities Administrator SEP 2 ~, ~002 EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A BUDGET AMENDMENT TRANSFERRING FUNDS FROM MANDATORY TRASH COLLECTION FUND (473) RESERVES FOR PAYMENT TO HAULERS FOR THE SOLID WASTE MANDATORY COLLECTION PROGRAM. TOTAL FUNDS NEEDED FROM RESERVES ARE $93,200. OBJECTIVE: To increase the operating expense budget in the Solid Waste Mandatory Collection Fund (473) to reimburse haulers for the Solid Waste Mandatory Collection Program. CONSIDERATION: The Solid Waste Mandatory Collection and Disposal assessment rolls are created on a yearly basis. Each year the roll begins with the number of customers from the previous year and the number of residential curbside units that receive a certificate of occupancy (CO). Staff, at budget time, attempts to predict the number of units that will be added throughout the year in order to get an estimate of funds that will be paid to the franchisees. Franchisees are paid on the number of units serviced monthly. The number of units changes monthly with the addition of newly CO'd units. Staff has under estimated the number of units that were added to the roll for FY 2001/02. FISCAL IMPACT: The total funding needed for the Naples service area will be $85,000 and $8,200 will be needed for the Immokalee Service area. Funds in the amount of $93,200 are available from Mandatory Trash Collection Fund (473), Reserves for Contingencies. GROWTH MANAGEMENT IMPACT: There is no Growth Management impact associated with this item. RECOMMENDATION: That the Board of County Commissioners approves a budget amendment transferring fund.,s from Mandatory Trash Collection Reserves for payment to haulers for the solid ~ mandatory collec!ion program. SUBMITTED BY: ///~'~ ~' ~ Date: Teresa A. Riesen, Revenue Public Utilities Billing & Customer Service REVIEWED BY: ~,',,,~(~x.~)X,c~~v--~ Date: q I \ \ I © ~-' _ UtiliZes Billing.& Custo_,rrjer~e~i(~e APPROVED B Y .'-' .x '.x '.x '.x '.x~ ~ ~ ~/_~.~___~ '~"~Date:~Z'/~ ,.-- / Ja~es DeLony, P.E., Admin/is'trator _..~dblic Utilities Division .0., SEP 2 / ..... ..... EXECUTIVE SUMMARY APPROVAL OF AGREEMENT FOR FISCAL YEAR 2002-2003 FUNDING CONTRIBUTION TO THE DAVID LAWRENCE MENTAL HEALTH CENTER, INC. AT A COST OF $926,100.00 OBJECTIVE: To obtain Board of County Commissioners' approval and authorization for the Chairman to sign the Fiscal Y ear 2002-2003 Agreement with David Lawrence Mental Health Center, Inc. CONSIDERATION: As mandated by Florida Statutes, Section 394.76(9)(a) and (b), a commitment has been made to provide funding in the amount of $926,100.00 to the David Lawrence Mental Health Center, Inc., a provider for mental health and alcohol/drug rehabilitation needs. 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 2001-02 budget, the Board authorized $926,100 as a funding contribution to David Lawrence Mental Health Center, Inc. This same level of funding, $926,100, for the service contract has been appropriated in the proposed FY 2003 budget under the General Fund (001), Mental Health Cost Center. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this contract. RECOMMENDATION: That the Board of County Commissioners approve the Agreement for the Fiscal Year 2002-2003 funding contribution to the David Lawrence Mental Health Center, Inc. in the amount of $926,100. Prepared by: ;-~ ,~-'/~. ~,,... ~ (~Z~ . Date: ~7'McLmy'~entertyxecut've Secret~ Approved by: ~~~ 5 Date:  Du~uck, Public Se~ices Administrator SEP 2 q 2002 Pg .--..L..~ AGREEMENT TH:IS AGREEMENT entered into this day of ,2002, 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. WlTNESSETH 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 WIffEREAS, the COUNTY wishes to fund mental health and alcoholism services provided by the CENTER as it is authorized to do so under its local government powers; 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 of the Florida Department of Children and Families; NOW, THEREFORE, in consideration of the mutual undertaking and agreements hereinafter set forth, the COUNTY and CENTER agree as follows: I. The CENTER shall: A. Provide mental health and alcoholism services consistent with the approved Florida Department of Children and Families District 8 Mental Health and Substance Abuse Plan ["District Plan"], incorporated herein by reference, and shall do so in compliance with all state, federal and local laws and ordinances and regulations. B. Serve as an independent contractor, not an agent or employee of Collier County, for the transportation and care of patients restrained pursuant to the Florida "Baker Act," Florida Statutes, Chapter 394.451, et seq., [Baker Act], adhering to all regulatory and legal requirements of said act, Rule 10E-5.040, F, of the Florida Administrative Code and all other pertinent laws, rules and regulations. C. Provide detoxification services consistent with the approved District Plan. l' Agend~ Item No. /~ ~) ,/ 1 pg._ .~__._. D. Provide these services within the boundaries of the COUNTY. E. Possess, maintain and keep current all necessary license[s]. F. Adhere to all conditions applicable to the administration of mental health funds pursuant to Florida Statutes, Chapter 394.451, et seq., and the administrative rules attendant thereto. G. Maintain adequate financial records and reports relating to all funds paid by the COUNTY under this Agreement. H. Maintain books, records, documents and other evidence of accounting procedures and practices that fully and properly reflect all direct and indirect costs of any nature expended in the performance of this Agreement and paid for with COUNTY funds. I. Maintain adequate fiscal accounting procedures for the audit or review of any expenditures, as requested by the COUNTY from time to time. J. Allow the inspection, review or audit of its fiscal records by COUNTY personnel upon request by the COUNTY. K. Collect fiscal and operational statistical data pertaining to the care and treatment of all patients served and funded by the COUNTY on a regular basis and deliver these written fiscal statistical reports on a quarterly basis to the COUNTY's Public Services Administrator by the l0th day of the month immediately following the preceding quarter. L. Submit payroll records and activity data to the COUNTY's Public Services Administrator 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 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. 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 attomey's fees and expenses arising from its operations and provision of the aforementioned services during the course of this agreement No. /~D / 2 Pa. ,~ During the term of this agreement the CENTER shall procure and maintain liability insurance coverage. The liability insurance coverage shall be in amounts not less than $1,000,000 per person and $200,000 per incident or occurrence for personal injury, death, and property damage or any other claims for damages caused by or resulting from the activities under this Agreement. Such policies of insurance shall name the COUNTY as an additional insured. The CENTER shall submit written evidence of having procured all insurance policies required herein no later than 10 days after the effective date of this Agreement and shall submit written evidence of such insurance policies to the COUNTY's Public Services Director and to the COUNTY's Risk Management office. The CENTER shall purchase all policies of insurance from a financially responsible insurer duly authorized to do business in the State of Florida. The CENTER shall be financially responsible for any loss due to failure to obtain adequate insurance coverage and the failure to maintain such policies or certificate in the amounts set forth herein shall constitute a breach of this agreement. O. Submit to the COUNTY each year a copy of its annual audited financial statements. II. The COUNTY shall: A. Reimburse the CENTER quarterly, in advance, at least one-fourth [1/4] of the total allocation for "Operational Funds" approved for the CENTER by the Board of County Commissioners as specified in Section III-D of this Agreement, in accordance with the approved District Plan. III. The CENTER and COUNTY mutually agree: A. The term of this agreement is from October 1, 2002 to September 30, 2003. 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 annual item of appropriation contained in the annual COUNTY budget. D. The entire financial obligation of the COUNTY under this Agreement shall not exceed Nine Hundred Twenty Six Thousand One Hundred and no/100 Dollars [$926,100.00]. The $926,100.00 includes the funding for all Operational costs, including transportation of Baker Act participants. The ' matching funds shall come from local sources and shall be utilized as part of the matching requirements of Florida Statutes, Section 394.76(9)(a) and (b). Item Ag'nd;F. D /Ho. SEP 2002 3 Pg' .'~ -- 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, Administrator 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 341 !6 or to such other address as any party may designate by notice complying with the terms herein stated. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS Dwight E. Brock, Clerk COIJ~mR COUNTY, FLORIDA By: Deputy Clerk James N. Coletta, Chairman ATTEST: DAVID LAWRENCE MENTAL HEALTH CENTER, INC. (CORPORATE SEAL) Approved as to form and legal sufficiency: line Hubbard Robinson ~Assistant County Attorney Agen d~' X te/~ No. /¢~ EP- ~ 2002 2 pg. EXECUTIVE SUMMARY APPROVAL OF THE ANNUAL CONTRACT BETWEEN COLLIER COUNTY AND THE STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT AT AN FY 03 COST TO THE COUNTY OF $1,343,200.00 OBJECTIVE: To augment the level of public health services provided to the residents of Collier County. CONSIDERATIONS: Each year, the County enters into an agreement with the State of Florida that provides funding and facilities for the provision of Public Health services. The attached agreement is that annual contract and, if executed, will begin on October 1, 2002 and run concurrently with the County's fiscal year expiring on September 30, 2003. In essence, the agreement is the same agreement as last year's, which indicates the services that will be provided and the cost share between the State and the County. It also indicates the expected third party sources of revenues and attributes those to the County or the State based upon each agency's contributions. In addition, this agreement includes as the last attachment indemnification language that was negotiated between the State and the County Attorney's office, which is a feature of this contract unique from others around the State. GROWTH MANAGEMENT IMPACT: There is no Growth Management Plan impact associated with this item. FISCAL IMPACT: The contract includes a cash contribution of $1,106,100, an increase of 6.48 % from last year's agreement. These funds are budgeted in the FY 2003 General Fund (001) budget in the Public Health cost center. $510,700 will be used to support Communicable Disease Control, $559,200 will go toward School ~'"" and Adult Health while $36,200 will go toward the Environmental Health and Engineering program. In addition to the cash contribution, the agreement recognizes the contribution the County makes in the form of office and clinic space. The contract further recognizes that the Collier Health Department will retain $309,901 of unspent funds from prior years. These funds are set aside in what is called the "Collier County Health Unit Trust Fund". These funds have in the past been used for special capital purchases of equipment or fumiture but are primarily retained as a cash flow reserve. Lastly, the contract recognizes the contribution that the County makes in the way of BCC paid operating expenses. These are generally associated with building maintenance, utilities, and insurance and, in FY 2003, amount to $237,100. In total, the County will provide the Health Department with $1,343,200 which is included in the FY03 tentative budget. RECOMMENDATION: It is recommended that the Board authorize the Chairman to execute the annual contract with the State of Florida Department of Health for the operations of the Collier County Health Department. PREPARED B //Kathleen McI.~art~-C~ex 6r, Executive Secretary Jolm~Duraifiek} ~blic Services Administrator S EP 2 q 2007. Pg. / __ CONTRACT BETWEEN COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND STATE OF FLORIDA DEPARTMENT OF HEALTH FOR OPERATION OF THE COLLIER COUNTY HEALTH DEPARTMENT CONTRACT YEAR 2002-2003 This agreement ("Agreement") is made and entered into between the State of Florida, Department of Health ("State") and the Collier County Board of County Commissioners ("County"), through their undersigned authorities, effective October 1, 2002. RECITALS A. Pursuant to Chapter 154, F.S., the intent of the legislature is to "promote, protect, maintain, and improve the health and safety of all citizens and visitors of this state through a system of coordinated county health department services." B. County Health Departments were created throughout Florida to satisfy this legislative intent through "promotion of the public's health, the control and eradication of preventable diseases, and the provision of primary health care for special populations." C. Collier County Health Department ("CHD") is one of the County Health Departments created throughout Florida. It is necessary for the parties hereto to enter into this Agreement in order to assure coordination between the State and the County in the operation of the CHD. NOW THEREFORE, in consideration of the mutual promises set forth herein, the sufficiency of which are hereby acknowledged, the parties hereto agree as follows: 1. RECITALS. The parties mutually agree that the forgoing recitals are true and correct and incorporated herein by reference. 2. TERM. The parties mutually agree that this Agreement shall be effective from October 1, 2002, through September 30, 2003, or until a written agreement replacing this Agreement is entered into between the parties, whichever is later, unless this Agreement is otherwise terminated pursuant to the termination provisions set forth in paragraph 8, below. 3. SERVICES MAINTAINED BY THE CHD. The parties mutually agree that the CHD shall provide those services as set forth on Part III of Attachment II hereof, in order to maintain the following three levels of service pursuant to Section 154.01(2), Florida Statutes, as defined below: a. "Environmental health services" are those services which are organized and operated to protect the health of the general public by monitoring and regulating activities in the environment which may contribute to the occurrence or transmission ¢~ ~:,.~=~ ~.~e,~,,.~ Environmental health services shall be supported by available federal, state and ~oca~,!..n~ and shall include those services mandated on a state or federal level. E am~ 2of~! environmental health services include, but are not limited to, food hygiene, safe drinking water supply, sewage and solid waste disposal, swimming pools, group care facilities, migrant labor camps, toxic material control, radiological health, occupational health. b. "Communicable disease control services" are those services which protect the health of the general public through the detection, control, and eradication of diseases which are transmitted primarily by human beings. Communicable disease services shall be supported by available federal, state, and local funds and shall include those services mandated on a state or federal level. Subh services include, but are not limited to, epidemiology, sexually transmissible disease detection and control, HIV/AIDS, immunization, tuberculosis control and maintenance of vital statistics. c. "Primary care services" are acute care and preventive services that are made available to well and sick persons who are unable to obtain such services due to lack of income or other barriers beyond their control. These services are provided to benefit individuals, improve the collective health of the public, and prevent and control the spread of disease. Primary health care services are provided at home, in group settings, or in clinics. These services shall be supported by available federal, state, and local funds and shall include services mandated on a state or federal level. Examples of primary health care services include, but are not limited to: first contact acute care services; chronic disease detection and treatment; maternal and child health services; family planning; nutrition; school health; supplemental food assistance for women, infants, and children; home health; and dental services. 4. FUNDING. The parties further agree that funding for the CHD will be handled as follows: a. The funding to be provided by the parties and any other sources are set forth in Part II of Attachment II hereof. This funding will be used as shown in Part I of Attachment II. £ The State's appropriated responsibility (direct contribution excluding any state fees, Medicaid contributions or any other funds not listed on the Schedule C) as provided in Attachment II, Part II is an amount not to exceed $ 4,313,951 (State General Revenue, Other State Funds and Federal Funds listed on the Schedule C). The State's obligation to pay under this contract is contingent upon an annual appropriation by the Legislature. ii. The County's appropriated responsibility (direct contribution excluding any fees, other cash or Ioca/contributions) as provided in Attachment II, Part II is an amount not to exceed $ 1,106,100 (amount listed under the "Board of County Commissioners Annual Appropriations section of the revenue attachment). b. Overall expenditures will not exceed available funding or budget authority, whichever is less, (either current year or from surplus trust funds) in any service category. Unless requested otherwise, any surplus at the end of the term of this Agreement in the County Health Department Trust Fund that is attributed to the CHD shall be carried forward to the next contract period. J '~,gend& ~]~ .- No. SEP 2 ~ 2002 c. Either party may establish service fees as allowed by law to fund activities of the CHD. Where applicable, such fees shall be automatically adjusted to at least the Medicaid fee schedule. Fees are listed in Attachment II Part II of this contract and in the Environmental Health Fee Schedule which is provided by the Environmental Health Program Office. The estimated annual environmental health fee revenues accruing to the County Health Department Trust Fund are listed on Attachment VI. d. Either party may increase or decrease funding of this Agreement during the term hereof by notifying the other party in writing of the amount and purpose for the change in funding. If the State initiates the increase/decrease, the CHD will revise the Attachment II and send a copy of the revised pages to the County and the Depadment of Health, Bureau of Budget Management. If the County initiates the increase/decrease, the County shall notify the CHD. The CHD will then revise the Attachment II and send a copy of the revised pages to the Department of Health, Bureau of Budget Management. e. The name and address of the official payee to who payments shall be made is: County Health Department Trust Fund Collier County 3301 E. Tamiami Trail, Bldg. H. Naples, FL 34112 5. CHD DIRECTOR/ADMINISTRATOR. Both parties agree the director/administrator of the CHD shall be a State employee or under contract with the State and will be under the day- to-day direction of the Deputy State Health Officer. The director/administrator shall be selected by the State with the concurrence of the County. The director/administrator of the CHD shall insure that non-categorical sources of funding are used to fulfill public health priorities in the community and the Long Range Program Plan. A report detailing the status of public health as measured by outcome measures and similar indicators will be sent by the CHD director/administrator to the parties no later than October 1 of each year (This is the standard qua/ity assurance "County-State Goal Achievement" report located on the Department of Health Intranet). 6. ADMINISTRATIVE POLICIES AND PROCEDURES. The parties hereto agree that the following standards should apply in the operation of the CHD: a. The CHD and its personnel shall follow all State policies and procedures, except to the extent permitted for the use of county purchasing procedures as set forth in subparagraph b., below. All CHD employees shall be State or State-contract personnel subject to State personnel rules and procedures, Employees will report time in the Client Information System/Health Management Component compatible format by program component as specified by the State. b. The CHD shall comply with all applicable provisions of federal and state laws and regulations relating to its operation with the exception that the use of county purchasing procedures shall be allowed when it will result in a better price or service and no statewide Department of Health purchasing contract has been implemented for those goods, or In such cases, the CHD directodadministrator must sign a justification therefore, and all county purchasing procedures must be followed in their entirety, and such compliance shall be documented. Such justification and compliance documentation shall be maintained by the CHD in accordance with the terms of this Agreement. State procedures must be followed for all leases on facilities not enumerated in Attachment IV. c. The CHD shall maintain books, records and documents in accordance with those promulgated by the Generally Accepted Accounting Principles (GAAP) and Governmental Accounting Standards Board (GASB), and the requirements of federal or state law. These records shall be maintained as required by the Department of Health Policies and Procedures for Records Management and shall be open for inspection at any time by the parties and the public, except for those records that are not otherwise subject to disclosure as provided by law which are subject to the confidentiality provisions of paragraph 6.i., below. Books, records and documents must be adequate to allow the CHD to comply with the following reporting requirements: i. The revenue and expenditure requirements in the Florida Accounting System Information Resource (FLAIR). fi. The client registration and services reporting requirements of the minimum data set as specified in the most current version of the Client Information System/Health Management Component Pamphlet; iii. Financial procedures specified in the Department of Health's Accounting Procedures Manuals, Accounting memoranda, and Comptroller's memoranda; iv. The CHD is responsible for assuring that all contracts with service providers include provisions that all subcontracted services be reported to the CHD in a manner consistent with the client registration and service reporting requirements of the minimum data set as specified in the Client Information System/Health Management Component Pamphlet. d. All funds for the CHD shall be deposited in the County Health Department Trust Fund maintained by the state treasurer. These funds shall be accounted for separately from funds deposited for other CHDs and shall be used only for public health purposes in Collier County. e. That any surplus/deficit funds, including fees or accrued interest, remaining in the County Health Department Trust Fund account at the end of the contract year shall be credited/debited to the state or county, as appropriate, based on the funds contributed by each and the expenditures incurred by each. Expenditures will be charged to the program accounts by state and county based on the ratio of planned expenditures in the core contract, then funding from all sources is credited to the program accounts by state and county. The equity share of any surplus/deficit funds accruing to the state and county is determined each month and at contract year-end. Surplus funds may be applied toward the funding requirements of each participating governmental entity in the following year. However, in each such case, all surplus funds, including fees and accrued interest, shall remain in the trust j-un(~ accounted for in a manner which clearly illustrates the amount which has been ~edit~l,~_..~'~, j_ each participating governmental entity. The planned use of surplus funds shall be reflected in Attachment II, Part I of this contract, with special capital projects explained in Attachment ¥. f. There shall be no transfer of funds between the three levels of services without a contract amendment unless the CHD director/administrator determines that an emergency exists wherein a time delay would endanger the public's health and the Deputy State Health Officer has approved the transfer. The Deputy State Health Officer shall forward written evidence of this approval to the CHD within 30 days after an emergency transfer. g. The CHD may execute subcontracts for services necessary to enable the CHD to carry out the programs specified in this Agreement. Any such subcontract shall include all aforementioned audit and record keeping requirements. h. At the request of either party, an audit may be conducted by an independent CPA on the financial records of the CHD and the results made available to the parties within 180 days after the close of the CHD fiscal year. This audit will follow requirements contained in OMB Circular A-133 and may be in conjunction with audits performed by county government. If audit exceptions are found, then the director/administrator of the CHD will prepare a corrective action plan and a copy of that plan and monthly status reports will be furnished to the contract managers for the parties. i. The CHD shall not use or disclose any information concerning a recipient of services _. except as allowed by federal or state law or policy. j. The CHD shall retain all client records, financial records, supporting documents, statistical records, and any other documents (including electronic storage media) pertinent to this Agreement for a period of five (5) years after termination of this Agreement. If an audit has been initiated and audit findings have not been resolved at the end of five (5) years, the records shall be retained until resolution of the audit findings. k. The CHD shall maintain confidentiality of all data, files, and records that are confidential under the law or are otherwise exempted from disclosure as a public record under Florida law. The CHD shall implement procedures to ensure the protection and confidentiality of all such records and shall comply with sections 384.29, 381.004, 392.65 and 456.057, Florida Statutes, and all other state and federal laws regarding confidentiality. All confidentiality procedures implemented by the CHD shall be consistent with the Department of Health Information Security Policies, Protocols, and Procedures, dated September 1997, as amended, the terms of which are incorporated herein by reference. The CHD shall further adhere to any amendments to the State's security requirements and shall comply with any applicable professional standards of practice with respect to client confidentiality. I. The CHD shall abide by all State policies and procedures, which by this reference are incorporated herein as standards to be followed by the CHD, except as otherwise permitted for some purchases using county procedures pursuant to paragraph 6.b. hereof. "'" m. The CHD shall establish a system through which applicants for services an~ ;;¥~t,, _. , clients may Present grievances over denial, modification or termination of services, the (~. a~',:i,~.` will advise applicants of the right to appeal a denial or exclusion from services, ofi~ailurec ~ ~)t6-~ ~' 2002- take account of a client's choice of service, and of his/her right to a fair hearing to the final governing authority of the agency. Specific references to existing laws, rules or program manuals are included in Attachment I of this Agreement. n. The CHD shall comply with the provisions contained in the Civil Rights Certificate, hereby incorporated into this contract as Attachment III. o. The CHD shall submit quarterly reports to the county that shall include at least the following: i. The DE385L1 Contract Management Variance Report and the DE580L1 Analysis of Fund Equities Report; ii. A written explanation to the county of service variances reflected in the DE385L1 report if the variance exceeds or falls below 25 percent of the planned expenditure amount. However, if the cumulative amount of the variance between actual and planned expenditures does not exceed three percent of the cumulative expenditures for the level of service in which the type of service is included, a variance explanation is not required. A copy of the written explanation shall be sent to the Department of Health, Bureau of Budget Management. Agenda Z- No. ?., .. ~_~. SEP 2 2002 ~ 6 ~ p. The dates for the submission of quarterly reports to the county shall be as follows unless the generation and distribution of reports is delayed due to circumstances beyond the CHD's control: £ March 1, 2003 for the report period October 1, 2002 through December 31, 2002; ii. June 1, 2003 for the report period October 1,2002 through March 31, 2003; iiLSeptember 1, 2003 for the report period October 1, 2002 through June 30, 2003; and iv. December 1, 2003 for the report period October 1, 2002 through September 30, 2003. 7. FACILITIES AND EQUIPMENT. The parties mutually agree that: a. CHD facilities shall be provided as specified in Attachment IV to this contract and the county shall own the facilities used by the CHD unless otherwise provided in Attachment IV. b. The county shall assure adequate fire and casualty insurance coverage for County- owned CHD offices and buildings and for all furnishings and equipment in CHD offices through either a self-insurance program or insurance purchased by the County. c. All vehicles will be transferred to the ownership of the County and registered as county vehicles. The county shall assure insurance coverage for these vehicles is available through either a self-insurance program or insurance purchased by the County. All vehicles will be used solely for CHD operations. Vehicles purchased through the County Health Department Trust Fund shall be sold at fair market value when they are no longer needed by the CHD and the proceeds returned to the County Health Department Trust Fund. 8. TERMINATION. a. Termination at Will. This Agreement may be terminated by either party without cause upon no less than one-hundred eighty (180) calendar days notice in writing to the other party unless a lesser time is mutually agreed upon in writing by both parties. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. b. Termination Because of Lack of Funds. In the event funds to finance this Agreement become unavailable, either party may terminate this Agreement upon no less than twenty-four (24) hours notice. Said notice shall be delivered by certified mail, return receipt requested, or in person to the other party's contract manager with proof of delivery. c. Termination for Breach. This Agreement my be terminated by one party, upon no less than thirty (30) days notice, because of the other party's failure to perform an obligation hereunder. Said notice shall be delivered by certified mail, return receipt reque~ed, ~re~l~ rte= '~ person to the other party's contract manager with proof of delivery. Waiver of bre~ch clf0a~o~' / cop 2 2002 provisions of this Agreement shall not be deemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 9. MISCELLANEOUS. The parties further agree: a. Availability of Funds. If this Agreement, any renewal hereof, or any term, performance or payment hereunder, extends beyond the fiscal year beginning July 1, 2002, it is agreed that the performance and payment under this Agreement are contingent upon an annual appropriation by the Legislature, in accordance with section 287.0582, Florida Statutes. b. Modification. This Agreement and its Attachments contain all of the terms and conditions agreed upon between the parties. Modifications of this Agreement shall be enforceable only when reduced to writing and signed by all parties. c. Contract Manaqers. The name and address of the contract managers for the parties under this Agreement are as follows: For the State: For the County: Joan M. Colfer, M.D., M.P.H. John Dunnuck Name Name Director, Collier County Health Department Public Services Administrator Title Title 3301 E. Tamiami Trail, Bldg. H 3301 E. Tamiami Trail, Bldg. H. Naples, Florida 34112 Naples, Florida 34112 (941) 774-8201 (941) 774-8383 Telephone Telephone If different contract managers are designated after execution of this Agreement, the name, address and telephone number of the new representative shall be furnished in writing to the other parties and attached to originals of this Agreement. d. Captions. The captions and headings contained in this Agreement are for the convenience of the parties only and do not in any way modify, amplify, or give additional notice of the provisions hereof. ~genda. I te'm; No. /.~' ?~ SEP 2 ~ In WITNESS THEREOF, the parties hereto have caused this 33 page agreement to be executed by their undersigned officials as duly authorized effective the Ist day of October, 2002. BOARD OF COUNTY COMMISSIONERS STATE OF FLORIDA FOR COLLIER COUNTY DEPARTMENT OF HEALTH SIGNED BY: SIGNED BY: NAME: NAME: John O. Agwunobi, M.D., M.B.A. TITLE: TITLE: Secretary DATE: DATE: ATTESTED TO: SIGNED BY: SIGNED BY: NAME: NAME: Joan M. Colfer, M.D., M.P.H. TITLE: TITLE: CHD Director/Administrator DATE: DATE: ATTEST: Dwight E. Brock, Clerk By: ~[~nd legal sufficiency -~ Ramiro Manah'dh/ Chief Assistant County Attorney DATE: CC: David Weigel, County Attorney 5EP 2 6 2002 ' ATTACHMENT I COLLIER COUNTY HEALTH DEPARTMENT PROGRAM SPECIFIC REPORTING REQUIREMENTS AND PROGRAMS REQUIRING COMPLIANCE WITH THE PROVISIONS OF SPECIFIC MANUALS Some health services must comply with specific program and reporting requirements in addition to the Personal Health Coding Pamphlet (DHP 50-20), Environmental Health Coding Pamphlet (DHP 50-21) and FLAIR requirements because of federal or state law, regulation or rule. If a county health department is funded to provide one of these services, it must comply with the special reporting requirements for that service. The services and the reporting requirements are listed below: Service Reauirement 1. Sexually Transmitted Disease Requirements as specified in FAC 64D-3 and F.S. 384 and Program the CHD Guidebook Internal Operating Policy STD 6 and 7. 2. Dental Health Monthly reporting on DH Form 1008'. 3. Special Supplemental Nutrition Service documentation and monthly financial reports as Program for Women, Infants specified in DHM 150-24' and all federal, state and county and Children. requirements detailed in program manuals and published procedures. 4. Healthy Start/ Requirements as specified in the Healthy Start Standards Improved Pregnancy Outcome and Guidelines 1998 and as specified by the Health Start Coalitions in contract with each county health department. 5. Family Planning Periodic financial and programmatic reports as specified by the program office and in the CHD Guidebook, Internal Operating Policy FAMPLAN 14' 6. Immunization Periodic reports as specified by the department regarding the surveillance/investigation of reportable vaccine preventable diseases, vaccine usage accountability, the assessment of vadous immunization levels and forms reporting adverse events following immunization and Immunization Module quarterly quality audits and duplicate data reports. 7. Chronic Disease Program Requirements as specified in the Community Intervention Program (CIP) and the CHD Guidebook. 8. Environmental Health Requirements as specified in DHP 50-4* and 50-21' 9. HIV/AIDS Program Requirements as specified in Florida Statue 384.25 and 64D-3.016 and 3.017 F.A.C. and the CHD Guidebook. Case reporting on CDC Forms 50.42B (Adult/Adolescent) and 50.42A (Pediatric). Socio-demographic data on persons tested for HIV in CHD clinics should be reported on Lab Request Form 1628 or Post-Test Counseling Form 1633. These reports are to be sent to the Headquarters HIV/AIDE office within 5 days of the initial post-test co~ te~'"~'_ appointment or within 90 days of the misse~! post-~e~"-'/. ? -~" counsehng appo,ntment. !' ~ _'~'-~ -'/'~ -- ATTACHMENT I (Continued) 10. School Health Services HRSM 150-25', including the requirement for an annual plan as a condition for funding. *or the subsequent replacement if adopted during the contract period. 2002 1. GENERAL REVENUE - STATE 0150! 1 ALG/CONTRIBUTION TO CHDSoPRIMARY CARE 27,361 0 27,361 0 27,361 015011 ALG/PRIMARY CARE 354,068 0 354,068 0 354,068 015012 GIA EPILEPSY SERVICES 0 0 0 0 0 015048 ALG/CONTR TO CHDS-STD PROGRAM 0 0 0 0 0 015050 ALG/CESSPOOL IDENTIFICATION AND ELIMINATIO 0 0 0 0 0 015050 ALG/CONTR TO CHDS 1,505,818 0 1,505,818 0 1,505,818 015050 ALG/CONTR TO CHDS-MIGRANT LABOR CAMP SANI 46,337 0 46,337 0 46,337 015050 ALG/CONTI~ TO CHDS-DENTAL PROGRAM 0 0 0 0 0 015050 ALG/CONTP~ TO CHDS-IMMUNIZATION OUTREACH 20,795 0 20,795 0 20,795 015050 ALG/CONTR. TO CHDS-INDOOR AIR ASSIST PROG 0 0 0 0 0 015050 ALG/CONTR. TO CHDS-SOVEREIGN IMMUNITY 0 0 0 0 0 015050 CATE-ENVIRONMENTAL COMMUNITY HEALTH PR 0 0 0 0 0 015050 COMMUNITY ENV HLTH ADV1SORY BOARD PILOT P 0 0 0 0 0 015050 COMMUNITY TB PROGRAM 122,444 0 122,444 0 122,444 015050 CONTR TO CHDS - DUVAL TEEN PREGNANCY PRE 0 0 0 0 0 015050 FAMU - RAISING GRETNA PROGRAM 0 0 0 0 0 015050 FIRST STEP - MOTHERS & INFANTS PROGRAM 0 0 0 0 0 015050 HEALTHY BEACHES MONITORING 23,981 0 23,981 0 23,981 015050 INTERDISCIPLINARY MANAGED CARE SERENITY H 0 0 0 0 0 015050 LA LIGA CONTRA EL CANCER 0 0 0 0 0 ~1-5050 LAB ASSISTANCE PROGRAM 0 0 0 0 0 050 MANATEE COUNTY RURAL HEALTH SERVICES 0 0 0 0 0 015050 MEDIVAN PROJECT-ELDERLY INTEREST 0 0 0 0 0 015050 METRO ORLANDO URBAN LEAGUE TEENAGE PREG 0 0 0 0 0 015050 QUALITY MANAGEMENT DEMO PROJECT 0 0 0 0 0 015050 RED LEGISLATION - GAP GRANT (CAT 050310) 0 0 0 0 0 015050 RED LEGISLATION - GAP GRANT - IMMUN. (CAT 05 0 0 0 0 0 015050 SPECIAL NEEDS SHELTER PROGRAM 90,500 0 90,500 0 90,500 015065 ALG/CONTR TO CHDS-AIDS PATIENT CARE 93,263 0 93,263 0 93,263 015065 ALG/CONTR TO CHDS-A1DS PREV & SURV & FIELD S 100,075 0 100,075 0 100,075 015115 VOLUNTEER SCHOOL HEALTH NURSE GRANT 0 0 0 0 0 015123 ALG/FAMILY PLANNING 48,602 0 48,602 0 48,602 015124 ALG/IPO - OUTREACH SOCIAL WORKERS CAT. 0507 0 0 0 0 0 015124 ALG/IPO HEALTHY START 0 0 0 0 0 015 i 24 ALG/IPO HEALTHY START/IPO CAT 050707 0 0 0 0 0 015124 ALG/1PO-INFANT MORTALITY PROJECT CAT. 0507 0 0 0 0 0 015124 ALG/MCH HEALTHY START/IPO CAT 050870 0 0 0 0 0 015124 ALG/MCH-INFANT MORTALITY PROJECT CAT. 050 0 0 0 0 0 015124 ALG/MCH-OUTREACH SOCIAL WORKERS CAT 0508 0 0 0 0 0 015137 ALG/CONTR. TO CHDS-MCH HEALTH - FIELD STAF 0 0 0 0 0 015137 ALG/IPO-HEALTHY START-DATA COLLECTION PR 0 0 0 0 0 015140 ALG/SCHOOL HEALTH/SUPPLEMENTAL 0 0 0 0 0 GENERAL REVENUE TOTAL 2,433,244 0 2,433,244 0 2,433,244 2. NON GENERAL REVENUE - STATE .)09 Debit Memo-Bad Checks 0 0 0 ~ AgZnd&~ 010304 Stationary Pollutant Storage Tanks 0 0 0 i NO,~~ i 0 O! 5000 Transfer 40,000 0 40,000 i 5EP 2 zl 200 .' ".'' '": ~-~'~/,~ ~:,, :' ~-~ ~' ~:,'" :'~:'";'.'::~ ~L~:; ;' '' '-':,~'~::'-COLLIER C.Q~HF-~LTH DEPARTMENT~ ~?: J ~;~'~f~.[ ·, ~?~: ~ ; ;~ - ~--': 7 '..~ .: .... :- ~- ' -' :.-.- '.?. ;r,-: . '-'-¢~.;.'~:..~/j~:.~;~.~, - . -.. .. ¢. ~*~7~- .~ . =-~'r.~ ._ .; ....... 2. NON GENE~L REVENUE - STATE 015010 ALG/CONTR TO CHDS-REBASING TOBACCO 'IF 33,298 0 33,298 0 33,298 015010 ENHANCED DENTAL SERVICES TOBACCO TF 0 0 0 0 0 015010 FL HEPATITIS AND LWER FAILURE PREVENTION/CO 186,012 0 186,012 0 186,012 015010 SUPER ACT PROGRAM ADM 'IT 0 0 0 0 0 015016 G/A EPILEPSY PREVENTION AND EDUCATION EP1L 0 0 0 0 0 015020 FOOD AND WATERBORNE DISEASE PROGRAM AD 0 0 0 0 0 O15026 ALG/CONTR. TO CHDS-BIOMEDICAL WASTE/DEP A 0 0 0 0 0 015029 Tranfers lntra Agency 0 0 0 0 0 O15047 SUPER ACT PROGRAM (CAT 050329 OCA 9V000)AD 0 0 0 0 0 015072 ALG/CONTR. TO CHDS-SAFE DRINKING WATER PRG 0 0 0 0 0 015084 VARICELLA IMMUNIZATION REQUIREMENT TOBAC 11,130 0 11,130 0 11,130 015121 Super Act Reimbursements 3,200 0 3,200 0 3,200 015170 TOBACCO COORDINATION 81,000 0 81,000 0 81,000 015172 FULL SERVICE SCHOOLS - TOBACCO TF 114,545 0 114,545 0 114,545 015174 BASIC SCHOOL HEALTH - TOBACCO 'IT 136,680 0 136,680 0 136,680 NON GENERAL REVENUE TOTAL 605,865 0 605,865 0 605,865 3. FEDERAL FUNDS- State 007000 CHILDHOOD LEAD POISONING PREVENTION 0 0 0 0 0 007000 RAPE PREVENTION & EDUCTION PROGRAM 0 0 0 0 0 007000 FEDERAL COASTAL BEACH MONITORING PROGRA 22,751 0 22,751 0 22 007030 PHBG/MIGRANT LABOR CAMP SANITATION 29,545 0 29,545 0 29, 007044 PHBG/RAPE AWARENESS 0 0 0 0 0 007049 FRINGE BENEFITS FOR POSITION # 081332 0 0 0 0 0 007049 STD PROGRAM-CSPS 0 0 0 0 0 007049 STD PROGRAM-INFERTILITY PROJECT 7,624 0 7,624 0 7,624 007049 STD PROGRAM-MED & LAB SVCS TRNG CNTR 0 0 0 0 0 007049 STD PROGRAM-STD/PHY TRAINING CENTER 0 0 0 0 0 007049 STD PROGRAM-SYPHILIS ELIMINATION PROJECT 0 0 0 0 0 007051 FGTF/WIC ADMINISTRATION 735,394 0 735,394 0 735,394 007056 HEALTH PROGRAM FOR REFUGEES 0 0 0 0 0 007056 REFUGEE HEALTH PROGRAM 0 0 0 0 0 007058 FGTF/DIABETES CONTROL 0 0 0 0 0 007062 FGTF/AIDS EPIDEMIOLOGICAL RESEARCH STUDY 0 0 0 0 0 007063 PHBG/COMPREHENSIVE COMM CARDIO HLTH PRG 140,000 0 140,000 0 140,000 007064 FGTF/AIDS SURVEILLANCE 0 0 0 0 0 007065 AIDS PREVENTION 134.447 0 134,447 0 134,447 007066 FGTF/RYAN WHITE 0 0 0 0 0 007066 FGTF/RYAN WHITE - EMERGING COMMUNITIES 0 0 0 0 0 007066 FGTF/RYAN WHITE-AIDS DRUG ASSIST PROG-ADM! 42,951 0 42,951 0 42,951 007066 FGTF/RYAN WHITE-CONSORTIA 0 0 0 0 0 007067 TUBERCULOSIS CONTROL - FEDERAL GRANT 54,242 0 54,242 0 54,242 007068 FGTF/AIDS INMATE INTERVENTION 0 0 0 0 0 007069 FGTF/AIDS MINORITY INVOLVEMENT IN HIV 0 0 0 0 0 007077 BIOTERRORISM EDUCATION & TRAINING 0 0 0 0 007077 BIOTERRORISM NETWORK COMMUNICATIONS 18,129 0 18,12 , Agend~ It~m~,o ~o^ 007077 BIOTERRORISM PLANNING & READINESS 68,780 0 68,78 007084 FGTF/IMMUNIZATION ACTION PLAN 18,251 0 18,25 I~0 · ~ ! ~',251 SFP Pg Part H. Sousees of contribUtions t° cO'~ HealthD~p,a'~tn~ent :~:~ ~:,; ~-'::~i:: i~ ~ · - ._: :::'~ = ' ~.~..'. '.' ~ ~ ~ ....:~ - ..~:.:~ ~.~':~. ~.~:~ ~. ~ =-:-:~ .: : .:~. ...' .. ~:~.~. ~T~ Fund-~, ~. ~.~.. C~ ~-~ T~Fund~/~-~-~' --~.'... Other 3. FEDE~L FUNDS- State ~70~ FGTF~MM~IZATION-PROJECT FIELD STAFF 0 0 0 0 0 ~7084 FGTF~MM~i~TION*WIC L~GES 0 0 0 0 0 ~7084 IMM~IZATION ACTION PLAN 16,426 0 16,425 0 16,426 007084 IMM~IZATION SPECIAL PROJECT 10,055 0 10,055 0 10,055 ~70~4 IMMOlaTION SUPPLEMENTAL - 2~2 0 0 0 0 0 ~7084 PE~NATAL DISEASE P~VE~ON 0 0 0 0 0 ~7085 FGTF~AST ~ CERVICAL CANCER-ADM~/CASE M 0 0 0 0 0 ~7127 MCH BG~-MC~CHILD HEALTH ! 1,251 0 I l ~5l 0 I 1,251 ~7127 MCH BG~-MC~CHILD HEALTH AGES 0-1 YE 0 0 0 0 0 ~7132 MCH BG~-MC~E~AL PROJECTS 0 0 0 0 0 ~7133 FG~AMILY PLA~G TITLE X SPECIAL ~ITIA 0 0 0 0 0 ~7133 FGTF~AMILY PLA~ING-T1TLE X 55,516 0 55,615 0 ~7 ] 34 MCH BGTF~ADSDEN SCHOOL CL~]C 0 0 0 0 0 007134 MCH BGTF-HEAL~Y START IPO 0 0 0 0 0 ~7] 34 MCH BG~-~FANT MORTALITY PROJECT 0 0 0 0 0 007134 MCH BGTF~UT~ACH SOCIAL WO~ 0 0 0 0 0 ~7135 FGTF/ABST~ENCE EDUCATION PEOG~M 0 0 0 0 0 015021 MEDIPASS WAIVER-HLTHY STRT CLIENT SERVICES 0 0 0 0 0 015021 MEDIPASS WAIVER-SOB~ 0 0 0 0 0 015060 En~nt Reimburcmcnt T~nsfcr 3,553 0 3,553 0 ~,553 015075 FULL SERVICE SCHOOLS-TANF 13,~76 0 13,37~ 0 ] 3,375 ~75 ~A~ - TITLE XIX 20,2~ 0 20,204 0 20,204 _ .:075 SCH~L HEALTH-S~PLEMENT-TANF 0 0 0 0 0 015075 TANF ABST~ENCE EDUCATION 0 0 0 0 0 FEDE~L FUNDS TOTAL 1,402,595 0 1,402,595 0 1,402,595 4. FEES ASSESSED BY STATE OR FEDE~L RULES - STATE ~1026 Returned Check Scr Fees 0 0 0 0 0 001091 Communicable Disease Fees 84,2~ 0 84,2~ 0 84,200 ~]092 Environ~n~l Health Fccs 20,250 0 20,250 0 20,250 ~1092 OSDS R~air Pc~it 0 0 0 0 0 ~1092 OSDS Pe~it Fcc 451,250 0 461,250 0 461,250 ~1092 Aerobic ~ting Pc~it 0 0 0 0 0 ~1092 Septic Tank Site Evaluation 0 0 0 0 0 ~1 ! 13 Mobile Ho~ and Parks 20,~ 0 20,~ 0 20,~0 ~1132 F~ Hygiene Pc~it 22,~ 0 22,~ 0 22,~0 ~1135 OSDS Va~nncc F~ 0 0 0 0 0 ~1092 I & M Zoned ~ting Pe~it 0 0 0 0 0 ~1139 Might Housing Pemit ]0,5~ 0 10,5~ 0 10,500 ~1140 Bioh~ W~te Pc~it 0 0 0 0 0 ~1142 Non SDWA ~b Sn~lc 0 0 0 0 0 ~1 !~ Tanning Facilities 8,730 0 8,730 0 8,730 ~1145 S~mming P~ls 297,~ 0 297,~ 0 297,~ ~1149 B~y Piecing 0 0 0 0 0 ~1165 Private Wat~ Cons~ Pc~it 0 0 0 0 0 ~66 Non-SDWA System Pe~it 0 0 ~ Agen~ ~, 166 Public Water Cons~ Pe~it 3,750 0 3,75~ No,__n ../~ / ~75~ ~I!66 Public Water Annual ~ P~il 30,~ 0 30,~ 5[P ~0~ 30,~ -- ~, ' . ' . ' · "' ,,.: i ".?:-~<-~: .? COLLIERCOUNTY!qEALTltDEPARTMENT--~ ~::~ ,~-:'~- · -'.. ~f7c7~.'; ,~-.:': : :~'2.~.:: _~2~.~?~¢'-. -;:~,'~.: ~..&..~.'; ;~....~ .:~: .-'..~z:-- ~': ::. ](~. ~' ~}'. :~>;.: :¥~::'~: ~-'::::--~. Pa~.~, S6~rC~ b[c0n~ibUfi0ns to ~un~ Health 4. FEES ASSESSED BY STATE OR FEDE~L R~ES - STATE 001170 Lab Fee Chemical Analysis 0 0 0 0 0 00121 ! Safe Drinking Water 0 0' 0 0 0 010403 Fees-Copy of Public Doc 0 0 0 0 0 015052 Transfers-Mobile Home/RV Park 0 0 0 0 0 FEES ASSESSED BY STATE OR FEDERAL RULES TOTAL 957,680 0 957,680 0 957,680 5. OTHER CASH CONTRIBUTIONS o STATE 090001 Draw down from Public Health Unit 0 0 0 0 0 OTHER CASH CONTRIBUTIONS TOTAL 0 0 0 0 0 6. MEDICAID - STATE/COUNTY 001056 CHD Incm:Medicaid-Pharmacy 228,743 296,258 525,000 0 525,000 001080 CHD lucre:Medicaid-Other 0 0 0 0 0 001081 CHD Incm:Medicaid-EPSDT 0 0 0 0 0 001082 CHD lucre:Medicaid-Dental 209,136 270,864 480,000 0 480,000 001083 CHD Incm:Medicaid-FP 0 0 0 0 0 001084 CHD Incm:Medicaid-Physician 38,104 49,351 87,455 0 87,455 001085 CHD lucre:Medicaid-Nursing 0 0 0 0 0 001086 CHD Incm:Co-lnsurance 0 0 0 0 0 001087 CHD lncm:Medicaid-STD 218 282 500 0 500 001088 CHD/hem:Meal Reimb AZT Disp Fee 0 0 0 0 001089 Medicaid AIDS 20,143 26,088 46,231 0 46,. 001147 Medicaid HMO Rate 0 0 0 0 0 001148 Medicaid-HMO Admin 0 0 0 0 0 001181 CHD/hem:Medicaid Transportation 0 0 0 0 0 001191 CHD lucre:Medicaid Maternity 0 0 0 0 0 001192 CHD Incm:Medicaid Comp. Child 0 0 0 0 0 001193 CHD Incm:Medicaid Comp. Adult 0 0 0 0 0 001194 CHD lucre:Medicaid Sonagram 0 0 0 0 0 001208 Medipass S3.00 Adm. Fee 392 508 900 0 900 MEDICAID TOTAL 496,735 643,351 1,140,086 0 1,140,086 7. ALLOCABLE REVENUE-STATE 005040 Interest Emed State Investment 32,000 0 32,000 0 32,000 005041 Interest Emed Local Investment 0 0 0 0 0 018001 Refunds, Salary 0 0 0 0 0 018003 Refunds, other Personal Services 0 0 0 0 0 018004 Refunds, Expenses 36,000 0 36,000 0 36,000 018005 Refunds Grants to Local Gov't 0 0 0 0 0 018006 Refunds, Operating Capital Outlay 0 0 0 0 0 018010 Refunds, Special Category 0 0 0 0 0 01801 i Refunds, Other 0 0 0 0 0 018099 Refunds, Certified Forward 0 0 0 0 0 029010 Sale of Fixed Assets 0 0 0 _ n ,, 0 · ~gen~a X' ' 037000 Prior Year Warrant 0 0 0 'NO. '!- ~ 038000 12 Month Old Warrant 0 0 0 0 ALLOCABLE REVENUE TOTAL 68,000 0 68,000 0 68,000 8. OTHER STATE CONTRIBUTIONS NOT IN CHD TRUST FUND - STATE 0 0 0 146,930 146,930 State Pharmacy Services 0 0 0 305,388 305,388 State Laboratory Services 0 0 0 0 0 State TB Services State Immunization Services 0 0 0 403,003 403,003 State STD Services 0 0 0 0 0 State Construction/Renovation 0 0 0 0 0 0 0 0 4,228,376 4,228,376 WlC Food 0 0 0 0 0 Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 Other (specify) OTHER STATE CONTRIBUTIONS TOTAL 0 0 0 5,083,697 5,083'697 9. BOARD OF COUNTY COMMISSIONERS ANNUAL APPROPRIATIONS - COUNTY 008030 Grants-County Tax Direct 0 $56,100 856,100 0 856,100 00803,~ Grants Cnty Commsn Other 0 250,000 250,000 0 250,000 BOARD OF COUNTY COMMISSIONERS TOTAL 0 1,106,100 1,106,100 0 1,106,100 FEES AUTHORIZED BY COUNTY ORDINANCE OR RESOLUTION - COUNTY 001004 Child Car Seat Prog 0 0 0 0 0 001060 Vital Statistics Fees Other 0 0 0 0 0 001074 Adult Enter. Permit Fees 0 0 0 0 0 001077 Primary Care Fees 0 87,000 87,000 0 87,000 001093 Communicable Disease Fees 0 14,000 14,000 0 14,000 001094 Environmental Health Fees 0 165,000 165,000 0 165,000 001114 New Birth Certificates 0 60,000 60,000 0 60,000 001115 Death Certificates 0 196,000 196,000 0 196,000 001116 Computer Access Fee 0 5,000 5,000 0 5,000 001117 Vital Stats-Adm. Fee 50 cents 0 2,600 2,600 0 2,600 001195 Primary Care Transfer Fees 0 0 0 0 0 001196 Water Analysis-Potable 0 0 0 0 0 001062 Rabies Vaccine 0 9,855 9,855 0 9,855 001062 Rabies Vaccine 0 0 0 0 0 FEES AUTHORIZED BY COUNTY TOTAL 0 539,455 539,455 0 539,455 11. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 001010 Recovery-Bad Checks 0 0 0 0 0 001026 Returned Check Fee 0 0 0 0 0 001029 Third Party Reimbursement 0 40,100 40,100 0 40,100 001072 Ryan White Title I 0 0 0 0 0 ~._..001073 Ryan White Title II 0 0 0 0 0 0 UOi090 Medicare 0 87,540 87,540 001190 Health Maintenance Organ. (HMO) 0 0 0 N00~0 . 008010 Grants Contracts Frm Cities Direct 0 0 0 0 ': I 1. OTHER CASH AND LOCAL CONTRIBUTIONS - COUNTY 008031 County AIDS Education 0 168,000 ! 68,000 0 168,000 008033 County Contributions For Facilities 0 0 0 0 0 008050 Grants-Cnty Sch Board Direct 0 0 0 0 0 008090 Grants other Local Govn't Direct 0 0 0 0 0 008094 Gmts/Contracts other Agencies Direct 0 131,344 131,344 0 131,344 008095 Grants Cnty Sect 403.102 Air Poi 0 0 0 0 0 008099 Reimb/Rebate Local Govn't 0 0 0 0 0 010300 Sale of Goods and Services 0 0 0 0 0 010301 Exp Witness Fee Consulmt Charges 0 0 0 0 0 010302 Sale of Goods and Services, to Other Agencies 0 0 0 0 0 010402 Recycle Paper Sales 0 0 0 0 0 010403 Fees-Copies of Documents 0 0 0 0 0 010405 Sale of pharmaceuticals 0 20,080 20,080 0 20,080 010409 Sale of Goods and Services Outside State Government 0 0 0 0 0 011001 Healthy Start Coalition Contributions 0 0 0 0 0 011007 Cash Donations Private 0 0 0 0 0 O11098 Donation School Based Clinic 0 0 0 0 0 O11099 Other Grants/Donations Direct 0 430,351 430,351 0 430,351 011522 Other Grant DOE 0 0 0 0 0 012020 Fines and Forfeitures 0 26,500 26,500 0 26,500 012021 Return Check Charge 0 0 0 0 0 090002 Draw down from Public Health Unit 0 0 0 0 007010 U.S. Grants Direct 0 0 0 0 OTHER CASH AND LOCAL CONTRIBUTIONS TOTAL 0 903,915 903,915 0 903,915 12. ALLOCABLE REVENUE - COUNTY 005040 Interest Emed State Investment 0 8,000 8,000 0 8,000 005041 Interest Emed Local Investment 0 0 0 0 0 018001 Refunds, Salary 0 0 0 0 0 018003 Refunds, other Personal Services 0 0 0 0 0 018004 Refunds, Expenses 0 325 325 0 325 O18005 Refunds Grants to Local Gov't 0 0 0 0 0 O18006 Refunds, Operating Capital Outlay 0 0 0 0 0 018010 Refunds, Special Category 0 0 0 0 0 O18011 Refunds, Other 0 0 0 0 0 Oi 8099 Refunds, Certified Forward 0 0 0 0 0 029010 Sale of Fixed Assets 0 0 0 0 0 037000 Prior Year Warrant 0 0 0 0 0 038000 12 Month Old Warrant 0 0 0 0 0 COUNTY ALLOCABLE REVENUE TOTAL 0 $,325 8,325 0 8,325 13. BUILDINGS - COUNTY Annual Rental Equivalent Value 0 0 0 0 0 Maintenance 0 0 0 0 0 Other (specify) 0 0 0 Other (specify) 0 0 0 [ Other(specify) 0 0 0 2 2002 13. BUILDINGS- COUNTY Other (specify) 0 0 0 0 0 Other (specify) 0 0 0 0 0 BUILDINGS TOTAL 0 0 0 0 0 14. OTHER COUNTY CONTRIBUTIONS NOT IN CHD TRUST FUND - COUNTY Facility Operating Expense 0 0 0 237,100 237,100 Rental Equivalent For Facility Use 0 0 0 496,455 496,455 Facility Janitorial Services 0 0 0 66,414 66,414 Other County Contribution (specify) 0 0 0 0 0 Other County Contribution (specify) 0 0 0 0 0 OTHER COUNTY CONTRIBUTIONS TOTAL 0 0 0 799,969 799,969 GRAND TOTAL CHD PROGRAM 5,964,119 3,201,146 9,165,265 5,883,666 15,048,931 SEP 2 2002 : . ATTACHMENT II. '- ' COLLIER COUNT~ HEALTH DEPARTMENT . Part Ill. Planned Staffing, cliehts, S~rvi¢~, And ExP~ditu~ By program Service Ar~ Within Each Level Of Service . '.,.~i "' . · ' ~'='~'"~:::i"' Ottobe'r'l~2002 t°?.eptemb,er30, 2003 ~.i,.;}:~ ~':-'.~:.: :~..-:'~ · ;. ~. . ':...-:~, .... .. , . -..' '~- ,.,~ "~ .'~,. ~ .;'..;.~/:~ ..~-~-~.,'c~: ~,:,.:-, ._,~.':.: :~ · '~.;~.i:., ' ' · , '~ '~ ' ' "** ';-':' ";'~i~2:- : ' ' "'::Z. ;;~;':';':-,,,. '~';..f:~:!P:'.;'.;!q. ~'~'"~'~'~it~i~"~;'t:/':.¢b.:.' ' .:} .:;: ' · . :.' ~' -. · ': - . ....-~.'.' FTE s ' Clients. x' ::':.t -~.:; lst;?~::- 2nd ~- 3rd':?~:.~';; ~.4th :: '- : - - - - · -='. ~ :' i " (0.00) :'' Units~ Service~. :~.~-~..~::..-(Whole'dolla~=Only):,?:-~?.;~ --.-- , County.. State - Tota! A. COMMUNICABLE DISEASE CONTROL: Immunization (101) 12.20 0 38,000 158,078 158,078 158,078 158,078 366,577 265,735 632,312 STD (102) 7.$5 850 8,000 102,521 102,521 102,521 102,521 151,728 258,356 410,054 A.I.D.S.(103) 13.45 900 4,000 309,393 309,393 309,393 309,393 476,393 761,179 1,237,572 TB Control Services (104) 11.90 2,000 16,000 161,972 161,972 161,972 161,971 239,714 408,173 647,~87 Comm. Disease Surv. (106) 5.10 0 3,000 75,572 75,572 75,572 75,572 127,600 174,6~g 302,2g~ Hepatitis Prevention (109) 4.50 0 $,000 83,795 83,795 83,795 83,794 124,014 211,165 335,179 Public Health Preparedness and Response (116) 1.53 800 0 17, l 95 17,195 17,195 17,195 34,300 34,450 Vital Statistics (150) 1.90 0 0 18,185 18,185 18,185 18,155 72,740 0 72,740 COMMUNICABLE DISEASE SUBTOTAL 58.43 4,550 77,000 926,711 926,711 926,711 926,709 1,593,066 2,113,776 3,706,g42 B. PRIMARY CARE: Chronic Disease Services (210) 3.90 2,200 6,000 74,1 ~0 74,180 74,180 74,180 109,7~5 186,935 Tobacco Prevention (212) 2.20 0 350 27,732 27,732 27,732 27,732 29,$49 $1,079 1 I0,92~ Home Health (215) 0.00 0 0 0 0 0 0 0 0 0 W.I.C. (221) 27.45 12,750 95,000 297,195 297,196 297,196 297,196 0 1,188,753 1,188,783 Family Planning (223) 2.55 §25 2,400 44,868 44,~65 44,§(~8 44,8§~ 6(~,404 l 13,06~ 179,472 Improved Pregnancy Outcome (225) 0.40 $0 5 8,061 8,062 ~,062 8,061 I 1,931 20,315 32,246 Hcahhy Start Prena~l (227) 16.60 1,500 2~,000 17~,775 178,776 178,776 178,775 251,975 463,127 715,102 Comprehensive Child Health (229) 4.30 175 950 47,452 47,452 47,452 47,452 72,600 117,208 1 ~9,80g Healthy Star~ Infant (231) 4.45 310 10,400 55,363 55,363 55,3(~3 55,363 $l,936 139,516 22 School Heahh (234) 6.85 0 134,000 93,932 93,932 93,932 93,931 69,965 305,762 Comprehensive Adult Health (237) 2.75 550 2,700 42,576 42,576 42,576 42,576 63,l 13 107,191 170,304 Dental Health (240) 7.10 1,960 15,300 115,529 118,529 118,529 118,531 165,427 308,~91 474,115 PRIMARY CARE SUBTOTAL 78.55 20,350 295,105 985,663 988,666 958,666 988,665 922,9~5 3,031,675 3,954,660 C. ENVIRONMENTAL HEALTH: Water nad Onsile Sewage Programs Coastal Beach Monitoring (347) 0.55 0 400 12,079 12,079 12,079 12,079 3,000 45,316 Private Water System (357) 0.95 105 400 ! 1,950 i 1,950 11,950 11,951 17,686 30,115 47,~01 Public Water System (358) 0.05 I 5 1,648 1,648 1,648 1,648 2,439 4,153 Individual Sewage Disp. (361) 7.85 3,280 9,600 91,322 91,322 91,322 91,323 136,265 229,024 365,289 Group Total 9.40 3,386 10,405 11~,999 116,999 116,999 117,001 159,390 308,608 467,995 Facility Programs Food Hygiene (34~) 2.30 180 2,100 29,683 29,683 29,683 29,6~3 43,930 74,802 118,732 Body Art (349) 0.00 0 0 0 0 0 0 0 0 0 Group Care Facility (351) 1.30 325 550 14,gll 14,810 14,810 14,810 21,919 37,322 59,241 Migrant Labor Camp (352) 2.90 135 775 35,284 35,284 35,284 35,284 52,220 $8,916 141,136 Housing,Public Bldg Safety,Sanitation (353) 0.01 1 0 27 27 27 27 105 0 108 Mobile Home and Parks Services (354) 0.45 55 165 5,435 5,438 5,438 5,438 ~,048 13,704 21,752 Swimming Pools/Bathing (360) 5.85 ! ,090 3,100 68,983 68,983 68,983 68,983 115,889 160,043 275,932 Biomedical Waste Services (364) 0.02 0 2 312 312 312 312 400 788 1,24~ Tanning Facility Services (369) 0.13 15 33 1,785 1,785 !,785 1,785 2,641 4,499 7 Group Total 12.96 l,g01 6,725 156,323 156,~22 156,322 156,322 245,215 ~ ~ ~'~ ' Agend~ NO.~ .qEP 2 Each Level Of Service~ · ..,~.~:-~.._ .,. - -. Grand Groundwater Contamination Stornge Tank Compliance (355) 0.00 0 0 0 0 0 0 0 0 0 Super Act Service (356) 0.15 0 65 1,393 1,394 1,394 1,393 2,062 3,512 5,574 Group Total 0.15 0 65 1,393 1,394 1,394 1,393 2,062 3,512 5,574 Community Hygiene Occupational Health (344) 0.00 0 0 0 0 0 0 0 0 0 Consumer Product Safer3, (345) 0.00 0 0 0 0 0 0 0 0 0 Emergency Medical (346) 0.00 0 0 0 0 0 0 0 0 0 Lead Monitoring Services (350) 0.02 0 10 320 319 319 319 528 749 1,277 Public Sewage (362) 0.01 0 0 23 23 23 23 0 92 92 Solid Waste Disposal (363) 0.00 0 0 0 0 0 0 0 0 0 Sanitary Nuisance (365) 0.15 28 65 1,472 1,472 1,472 1,473 2,179 3,710 5,899 Rabies Surveillance/Control Services (366) 0.00 0 0 0 0 0 0 0 0 0 Arbovirus Surveillance (367) 1.29 0 22 13,221 13,22l 13,221 13,222 24,167 28,718 52,885 Rodent/Arthropod Control (368) 0.00 0 0 0 0 0 0 0 0 0 Water Pollution (370) 0.01 0 0 1,050 1,050 1,050 1,049 1,554 2,645 4,199 Air Pollution (371) 0.01 0 0 9 9 9 9 0 36 36 ~,~diological Health (372) 0.01 0 0 3 3 3 3 0 12 12 ic Substances (373) 0.01 0 0 3 3 3 3 0 12 12 Group Total 1.51 28 97 16,101 16,100 16,100 16,101 28,428 35,974 64,402 ENVIRONMENTAL HEALTH SUBTOTAL 24.02 5,215 17,292 290,816 290,815 290,g15 290,817 435,095 728,168 1,163,263 D. SPECIAL CONTRACTS: Special Contracts (599) 0.00 0 0 85,125 85,125 85,125 85,125 250,000 90,500 340,500 SPECIAL CONTRACTS SUBTOTAL 0.00 0 0 85,125 85,125 85,125 85,125 250,000 90,500 340,500 161.00 30,115 389,397 2,291,315 2,291,317 2,291,317 2,291,316 3,201,146 5,964,119 9,165,265 TOTAL CONTRACT No.~ SEP 2 2002 ATTACHMENT III COLLIER COUNTY HEALTH DEPARTMENT CIVIL RIGHTS CERTIFICATE The applicant provides this assurance in consideration of and for the purpose of obtaining federal grants, loans, contracts (except contracts of insurance or guaranty), property, discounts, or other federal financial assistance to programs or activities receiving or benefiting from federal financial assistance. The provider agrees to complete the Civil Rights Compliance Questionnaire, DH Forms 946 A and B (or the subsequent replacement if adopted during the contract period), if so requested by the department. The applicant assures that it will comply with: 1. Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C., 2000 Et seq., which prohibits discrimination on the basis of race, color or national origin in programs and activities receiving or benefiting from federal financial assistance. 2. Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. 794, which prohibits discrimination on the basis of handicap in programs and activities receiving or benefiting from federal financial assistance. 3. Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. 1681 et seq., which prohibits discrimination on the basis of sex in education programs and activities receiving or benefiting from federal financial assistance. 4. The Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101 et seq., which prohibits discrimination on the basis of age in programs or activities receiving or benefiting from federal financial assistance. 5. The Omnibus Budget Reconciliation Act of 1981, P.L. 97-35, which prohibits discrimination on the basis of sex and religion in programs and activities receiving or benefiting from federal financial assistance. 6. All regulations, guidelines and standards lawfully adopted under the above statutes. The applicant agrees that compliance with this assurance constitutes a condition of continued receipt of or benefit from federal financial assistance, and that it is binding upon the applicant, its successors, transferees, and assignees for the period during which such assistance is provided. The applicant further assures that all contracts, subcontractors, subcjrantees or others with whom it arranges to provide services or benefits to participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in connection with any of its programs and activities are not discriminating against those participants or employees in violation of the above statutes, regulations, guidelines, and standards. In the event of failure to comply, the applicant understands that the grantor may, at its discretion, seek a court order requiring compliance with the terms of this assurance or seek other appropriate judicial or administrative relief, to include assistance being terminated and further assistance being denied. No.~ SEP 2 2002 ATTACHMENT IV COLLIER COUNTY HEALTH DEPARTMENT FACILITIES UTILIZED BY THE COUNTY HEALTH DEPARTMENT Facility Description Location Owned By, Collier County Health Department 3301 E. Tamiami Trail Collier County & Public Services Building H Building H, Naples CHD/Environmental Health 2800 North Horseshoe Dr. Collier County Co-Location with Naples Development Services IMMOKALEE SATELLITE 419 North First Street A. Clinical Services Naples Collier County Health Services Facility d. General Public Health Services Collier County Triple Wide Mobile Office Unit GOLDEN GATE WIC OFFICE (New) 5258 Golden Gate Parkway Unit 1Collier County (Park East) Naples, FL 34116 SEP 2 Pg. ~>~ ATTACHMENT V COLLIER COUNTY HEALTH DEPARTMENT DESCRIPTION OF USE OF CHD TRUST FUND BALANCES FOR SPECIAL CAPITAL PROJECTS, IF APPLICABLE (From Attachment I1, Part I) Include detailed Special Capital Project information, including description, cost by each project and anticipated completion date on this attachment. No Special Capital Projects Planned at this time. DESCRIPTION OF SPECIAL CONTRACTS (From Attachment II, Part III) Please list separately Special contracts are contracts for services for which there are no comparable services in the county health department core programs; no service codes in Departmental coding manuals; projects that are locally designed and have no standard statewide set of services and therefore cannot be accounted for within existing county health department programs. These contracts are coded to FLAIR Level 5 of 599 and include some contracts formerly handled at the district offices such as epilepsy, Project WARM, community planning and special family planning and teen mother projects. 1) Foundation for Women's Health $250,000 2) Special Needs Shelter Program 90~500 Total $340,500 SEP 2 20O2 ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est, Ann, Revenue DESCRIPTION AMOUNT AMOUNT I L4/L5 I CODE Trust Fund , PUBLIC SWIMMING POOLS AND BATHING PLACES 297,000.00 1. Annual Permit - Up to (and including) 25,000 gallons 75.00 67.50 001145 7.50 001205 la Transfer to headquarters 2. More than 25,000 gallons 160.00 144.00 001145 2a. Transfer to headquarters 16.00 001205 3. Exempted Condo Pools (over 32 units) 50.00 45.00 001145 5 O0 001205 ;3a. Transfer to headquarters OTHER FEES Collected by the 13 delegated counties Broward. Dade, Duval, Hillsborough, Lee, Manatee, Collier, Palm Beach, Pinellas, Polk, Sarasota, Volusia, Escambia. Permits and variances for Okaloosa, Santa Rosa, Walton, Bay, Homes, and Washington Counties are processed by Escambia County and variances and permits for Pasco County are processed y Pinellas County are processed as follows: Ii ' Plan review (new construction) 275.00 275.00 001092 · Plan review for modification of odginal construction 100.00 100,00 001092 . Plan/application review for bathing place development 275.00 275.00 001092 4. Initial operating permit 125.00 125.00 001092 5. Variance applications 240.00 216.00 001092 5.a Transfer to Headquarters 24.00 001205 All other counties are to send the fee to Bureau of Water Programs in Tallahassee or the Environmental Engineering section in Orlando as follows: 1. Plan review (new construction) 275.00 275.00 001044 2. Plan review for modification of original construction 100.00 100.00 001044 3. Plan/application review for bathing place development 275.00 275.00 001044 4. Initial operating permit 125.00 125.00 001044 5. Variance applications 240.00 240.00 001044 20,000,00 MOBILE HOME & RECREATIONAL VEHICLE PARKS ! iFEES ARE PRORATED ON A QUARTERLY BASIS) 1. Annual permit for 5 to14 spaces 50.00 45.00 XX-354 001113 i ' '' '"' ~gend~ Item la. Transferto headquarters S.00 99-910 001113 NO. 3.50 pe, 2. Annual permit for15 to171spaces space XX-354 001113 SEP 2 ~ 2002 ./' 2a Transfer to headquarters 10% 99-910 001113 J. Annual permit for 172 and above spaces 600.00 540.00 XX-354 001113 3a. Transfer to headquarters 60.00 99-910 001113 MIGRANT LABOR CAMPS 10,500.00 ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est. Ann. Revenue FEE DEPOSIT ORG OBJECT Accruing to CHD DESCRIPTION AMOUNT AMOUNT L41L5 CODE Trust Fund 1. Annual permit for facilities with 5-50 occupants 125.00 125.00 XX-352 001139 2. Annual permit for facilities with 51-100 occupants 225.00 225.00 XX-352 001139 3. Annual permit for facilities with over 100 occupants 500.00 500.00 XX-352 001139 BIOMEDICAL WASTE GENERATORS 1. Initial permit 55.00 55.00 XX-364 001140 2. Renewal of annual permit(except physician office generating less than 251bs/30 days) postmarked by October 1 55.00 55.00 XX-364 001140 2. Renewal of annual permit(except physician office generating less than 251bs/30 days) postmarked after October 1 75.00 75.00 XX-364 001140 3. Storage facilities permit postmarked by October 1 55.00 55.00 XX-364 001140 3. Storage facilities permit postmarked after October 1 75.00 75.00 XX-364 001140 4. Treatment facilities operating permit by October 55.00 55.00 XX-364 001140 4. Treatment facilities operating permit after October I 75.00 75.00 XX-364 001140 5. Transporter registration (one vehicle) postmarked by 10/1 55.00 55.00 XX-364 001140 5. Transporter registration (one vehicle) after 10/1 75.00 75.00 XX-364 001140 6. Transporter registration additional vehicle 10.00 10.00 XX-364 001140 TANNING FACILITIES 8,730.00 1. Annual license fee 150.00 135.00 XX-369 001144 la Transfer to headquarters 15.00 99-910 001144 2. Fee for each additional device 55.00 49.50 XX-369 001144 2.a Transfer to headquarters 5.50 99-910 001144 3. Late fee 25.00 25.00 XX-369 001092 BODY PERIERCING I 1. Annual Licence Fee 150.00 135.00 XX-364 001149 la. Transfer to headquarters 15.00 99-910 001149 :2. Temporary Establishment 75.00 67.50 XX-364 001149 2a. Transfer to headquarters 7.50 99-910 001149 3. Late fee 100.00 100.00 XX-364 001149 FOOD ESTABLISHMENTS 22,000.00 1. Annual Permit for Fraternal/Civic 160.00 144.00 XX-348 001132 la. Transfer to headquarters 16~00 99-910 001132 2. Annual Permit School Cafeteria Operating for 9 months or less 130.00 117.00 XX-348 001132 2a. Transfer to headquarters 13.00 99-910 001132 3. Annual Permit School Cafeteria Operating for more than 9 months 160.00 144.00 XX-348 001132 V Agend~ · ~ 3a Transfer to headquarters 16.00 99-910 001132 NO 4. Annual Permit for Hospital/Nursing Food Service 210.00 189.00 XX- 48 001132 - FP 2 200: 4a. Transfer to headquarters 21.00 99-910 001132 / Pg '-~ ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 ,,. Est. Ann. Revenue FEE DEPOSIT OBJECT Accruing to CHD DESCRIPTION AMOUNT AMOUNT CODE Trust Fund Annual Permit for Movie Theaters 160.00 144.00 001132 5a. Transfer to headquarters 16.00 001132 Permit for Jails/Prisons 210,00 189.00 001132 6a Transfer to headquarters 21.00 001132 7. Annual Permit for Bars/Lounges (Ddnk Service Only) 160.00 144.00 001132 7a. Transfer to headquarters 1600 001132 ~1 Permit for Residential Facilities 110.00 99.00 001132 8a Transfer to headquarters 11 00 001132 Permit for Child Care Centers without C&F license 85,00 76.50 001132 9a Transfer to headquarters 8.50 001132 10. Annual Permit for Limited Food Service 85.00 76.50 001132 10a Transfer to headquarters 850 001132 Annual Permit Other Food Service 160.00 144.00 001132 1 a, Transfer to headquarters 16.00 001132 12. Plan Review $35/hour $35/hour 001092 13. Food Worker Training 10.00 10.00 001092 14. Request for Inspection 40.00 40.00 001092 15. Reinspection (after the first reinspection) 30.00 30.00 001092 16. Late Renewal 25.00 25.00 001092 17. Alcoholic Beverage Inspection Approval 30.00 30.00 001092 )NSlTE SEWAGE DISPOSAL PROGRAM (OSTDS) 461,250.00 1. Application for permitting of an onsite sewage 25.00 23,00 001092 treatment and disposal system which includes application and plan review for new and repair permits la Transfer to headquarters 2.00 001203 2. Site evaluation for a new system 60.00 55.20 001092 2a. Transfer to headquarters 4.80 001203 3. Site evaluation for a system repair or modification of system 40.00 36.80 001092 3a. Transfer to headquarters 3.20 001203 4. Site re-evaluation, new or repair or modification 40.00 36.80 001092 3.20 001203 4a Transfer to headquarters 5. Permit for new systems, or modification to system 55.00 50.60 001092 5a. Transfer to headquarters 4.40 001203 6. New system or system modification installation inspection 55.00 50.60 001092 6a. Transfer to headquarters 4.40 001203 I' Agend~ ~t.e,~ -"" 17.Research fee to be collected in addition, and concurrent with 5.00 5.00 001201 NO. _ ,/~. I the permit for a new system installation fee until 6/30/2002. 'i .(::; i~' p 2 18. Repair peril issuance which includes inspection 50.00 41.40 001092 t p_.g..._~ L-- ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est. Ann. Revenue DESCRIPTION FEE DEPOSIT ORG OBJECT Accruing to CHD AMOUNT AMOUNT L4/L5 CODE Trust Fund 8a. Transfer to headquarters 3.60 99-910 001203 Bb. Transfer to headquarters for training center 500 99-910 001067 9. Inspection of system previously in use 50.00 46.00 X.X-361 001092 9a. Transfer to headquarters 4.00 99-910 001203 10. Reinspection fee per visit for site inspections after system 25.00 23.00 XX-361 001092 construction approval 10a Transfer to headquarters 200 99-910 001203 11. Installation reinspection of non-compliant system per 25.00 23.00 XX-361 001092 each site visit 1 la. Transfer to headquarters 200 99-910 001203 12. System abandonment permit, includes permit 40.00 36.80 XX-361 001092 issuance and inspection 12a. Transfer to headquarters 3.20 99-910 001203 13. Annual operating permit fee for systems in IM and 150.00 138.00 XX-361 001092 equivalent areas, and for systems receiving commercial waste 13a Transfer to headquarters 12.00 99-910 001203 14. Amendments or changes to the operating permit during 25.00 23.00 XX-361 001092 the permit period per change or amendment 14a. Transfer to headquarters 200 99-910 001203 15. Aerobic treatment unit operating permit (biennial) 100.00 92.00 XX-361 001092 15a. Transfer to headquarters 8.00 99-910 001203 16. Tank manufacturer's inspection per annum 100.00 50.00 )O(-361 001092 16a. Transfer to headquarters 50.00 99-910 001203 17. Septage disposal service permit per annum 50.00 46.00 XX-61 001092 17a. Transfer to headquarters 4.00 99-910 001203 18. Additional charge per pumpout vehicJe 25.00 23.00 XX~361 001092 18a. Transfer to headquarters 2.00 99-910 001203 19. Portable or temporary toilet service permit per annum 50.00 46.00 XX-361 001092 19a. Transfer 1o headquarters 4.00 99-910 001203 20. Additional charge per pumpout vehicle 25.00 23.00 XX-381 001092 20a. Transfer to headquarters 2.00 99-910 001203 21. Septage stabilization facility inspection fee per annum 150.00 138.00 XX-361 001092 21a. Transfer to headquarters 12.00 99-910 001203 22. Septage disposal site evaluation fee per annum 100.00 92.00 XX-361 001092 22a. Transfer to headquarters 8.00 99-910 001203 23. Aerobic treatment unit maintenance entity permit per annum 25.00 23.00 XX-361 001092 ~ kgend~ ! %, No 23a. Transfer to headquarters 2.00 99-910 001203 · ~ 24. Variance application for a single family residence per 150.00 7s.oo xx-361 oo' 135 .c;FP 2 4 2 ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est. Ann. Revenue FEE DEPOSIT OBJECT Accruing to CHD ,CRIPTION AMOUNT AMOUNT CODE Trust Fund lot or building site :4a. Transfer to headquarters 75.00 001204 25. Variance application for a multi-family or commercial 200.00 100.00 001135 building per each building site 25a. Transfer lo headquarters 100.00 001204 26, Inspection for construction of an injection well (FL Keys) 125.00 125.00 001092 =erformance-based Treatment Systems I. Application for permitting of a new performance-based 125.00 115.00 001092 treatment system, which includes application and plan review 10,00 001203 la Transfer to headquarters 2. Permit for new performance-based treatment system 125.00 115.00 001092 2a. Transfer to headquarters 10.00 001203 3. Installation inspection for new performance-based systems 75.00 69.00 001092 3a Transfer to headquarters 6.00 001203 6~ Research fee to be collected in addition, and concurrent with 5,00 500 001201 the permit for a new performance-based system installation fee 4. Repair permit issuance which includes inspection 125.00 115.00 001092 4a. Transfer to headquarters 10,00 001203 5. Inspection of system previously in use 25.00 23.00 001092 2.00 001203 5a Transfer to headquarters 6. Reinspection fee per visit for site inspections after system 25,00 23.00 001092 construction approval 6a. Transfer to headquarters 200 001203 7'. Installation reinspection of non-compliant system per 50.00 46.00 001092 each site visit 7a. Transfer to headquarters 4,00 001203 8. System abandonment permit, includes permit 75.00 69.00 001092 issuance and inspection Ba, Transfer to headquarters 6,00 Biennial Operating Permits 100.00 92.00 ga. Transfer to headquarters 8.00 10. Review of application due to proposed amendments or 75.00 69.00 changes after initial operating permit issuance. A 10a. Transfer to headquarters 6.00 i 11. Variance application for a single family residence per 150.00 75.00 each lot or building site 11a, Trans,er to headquarters 75.00 00120 12. Performance-b=-s-~'d Treatment System Maintenance 25.00=3.oo oo o 2 S EP 2 2002 pg.. D _ ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est. Ann. Revenue DESCRIPTION FEE DEPOSIT ORG OBJECT Accruing to CHD AMOUNT AMOUNT L4/L$ CODE Trust Fund (Per annum) 12a. Transfer to headquarters 200 99-910 001203 FEE COLLECTED AT HEADQUARTERS - Onsite Sewage 1 Applicalion for innovative product approval 500.00 For headquarters use only 2. Application for registration including initial examination 75.00 For headquarters use only 3. Initial registration 100.00 For headquarters use only 4. Renewal of registration 100.00 For headquarters use only 5. Certificate of authorization each two-yar period 25000 For headquarters use only DRINKING WATER 33,750.00 I 1. First Year Public Water Annual Operation Permit and 75.00 67.50 XX-357 001166 Construction Permit - Limited Use la Transfer to headquarters 7.50 99-910 001166 2. Second Year Public Water Annual Operation Permit - Limited Use 70.00 63.00 XX-357 001166 2a Transferto headquarters 7.00 99-910 001166 !4. Multi-Family Water Construction Permit - serving 3 or 4 40.00 36.00 XX-357 001165 non-rental residences 4a. Transfer to headquarters 4.00 99-910 001165 5. Initial Operating Permit Fee After March 31 of Any Year 35.00 31.50 XX-357 001166 5a Transfer to headquarters 3.50 99-910 001166 5. Non-SDWA Lab Sample (Sample Collection/Review of Analytical Results/Health Risk Interpretation): Delineated Area 50.00 50.00 XX-357 001142 Bacterial Sample Collection 40.00 40.00 XX-357 001142 Chemical Sample Collection 50.00 50.00 XX-357 001142 Combined Chemical microbiological 55.00 55.00 XX-357 001142 7. Reinspection of multi-family Water System 25.00 25.00 XX-357 001092 B. Reinspection of Public Water System 40.00 40.00 XX-357 001092 9. Delineated Area Clearance Fee 50.00 50.00 XX-357 001092 10. Limited Use Commercial Registered System 15.00 15.00 XX-357 001092 11. Limted Use Commercial Public Water System 25.00 25.00 XX-357 001092 Operating Permit Family Day Care Establishment 12. Limted Use Commercial Public Water System Operating Permit 15.00 15.00 XX-357 001092 Family Day Care Establishment After March 31 of Any Year. Safe Ddnking Water Act (Delegated Counties) __ . __ Agend~ ,It.e,, 1. Construction permit for each Category I through III treatment NO. /~ ~ ~ ~lant, as defined in Rule 62-699.310, F.A.C.., with treatment ~ other than disinfection only. ~ EP 2 ~ 2001 Pg ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est, Ann. Revenue FEE DEPOSIT ORG OBJECT Accruing tO CHD DESCRIPTION AMOUNT AMOUNT L41L5 CODE Trust Fund a. Treatment plant - 5 MGD and above 7,500.00 7,500.00 XX-358 001211 b. Treatment plant - I MGD up to 5 MGD 6,000.00 6,000.00 XX-358 001211 c. Treatment plant - 0.25 MGD up to 1 MGD 4,000.00 4,000.00 XX-358 001211 ,d. Treatment plant - 0.1 MGD up to .025 MGD 2,000.00 2,000.00 XX-358 001211 e. Treatment plant- up to 0.1 MGD 1,000.00 1,000.00 XX-358 001211 2. Construction permit for each Category IV treatment plant, as ~efined in Rule 62-699.310, F.A.C.., with treatment other than disinfection only. a. Treatment plant - 5 MGD and above 7,500.00 7,500.00 XX-358 001211 b. Treatment plant- 1 MGD up to 5 MGD 6,000.00 6,000.00 XX-358 001211 c. Treatment plant- 0.25 MGD up to I MGD 4,000.00 4,000.00 XX-358 001211 d. Treatment plant- 0.1 MGD up to .025 MGD 2,000.00 2,000.00 XX-358 001211 e. Treatment plant- 0.01 up to 0.1 MGD 1,000.00 1,000.00 XX-358 001211 '. Treatment plant- up to 0.01 MGD 400.00 400.00 XX-358 001211 3. Construction permit for each Category V treatment plant, as defined in Rule 62-699.310, F.A.C.., - Disinfection Only a. treatment plant - 5 MGD and above 5,000.00 5,000.00 XX-358 001211 b. Treatment plant- 1 MGD up to 5 MGD 3,000.00 3,000.00 XX-358 001211 c. Treatment plant - 0.25 MGD up to 1 MGD 1,000.00 1,000.00 XX-358 001211 d. Treatment plant- 0.1 MGD up to .025 MGD 500.00 500.00 XX-358 001211 s. Treatment plant- up to 0.1 MGD 300.00 300.00 XX-358 001211 4. Distribution and transmission systems, including raw water lines into the plant, except those under general permit. a. Serving a community public water system 500.00 500.00 XX-358 1211 b. Serving a non-transient non-community public water systems 350.00 350.00 XX-358 001211 c. Sewing a non-community public water system 250.00 250.00 XX-358 001211 5. Construction permit for each public water supply wall. a. Well located in a delineated area pursuant to Chapter 62-524, F.A.C.. 500.00 500.00 XX-358 001211 b. Any other public water supply well. 250.00 250.00 XX-358 001211 6. Major modifications to systems that alter the existing treatment without expanding the capac~ of the system and are not considered substantial changes pursuant to Rule 62-4.050(7) below. ~ a. 1MGD and above 2,000.00 2,000.00 XX-358 001211 I:). .1MGO up to l MGD 1,000.00 1,000.00 XX-358 001211 ! Agen{:l~ I'~e~ :. 0.01 upto .1 MGD 500.00 500.00 XX-358 001211 No,..~ up,oo.ol lOO.OO lOO.OO xx-35 001211 2 2 I]Z ATTACHMENT VI COLLIER COUNTY HEALTH DEPARTMENT ESTIMATE OF ENVIRONMENTAL HEALTH FEES FISCAL YEAR 2002 - 2003 Est. Ann. Revenue DESCRIPTION FEE DEPOSIT ORG OBJECT Accruing to CHD AMOUNT AMOUNT L4/L5 CODE Trust Fund 7. Minor modifications to systems that result in no change in the treatment or capacity. a..1 MGD and above 300.00 300.00 XX-358 001211 b, Up to 0.1 MGD 100.00 100.00 XX-358 001211 8. Fines and Forfeitures Vadable Variable XX-358 012020 9. General Permit Fee for any General Permit not specifically listed: 100.00 100.00 XX-358 001211 a. General Permits requiring Progfessional Engineer or Professional 250.00 250.00 XX-358 001211 Geologist certification a. General Permits not requiring Progfessional Engineer or 100.00 100.00 XX-358 001211 Professional Geologist certification LpAgende'[+-' ' No.~ SEP 2 4 2002 ATTACHMENT VII TO STANDARD CONTRACT BETWEEN COLLIER BOARD OF COUNTY COMMISSIONERS This attachment adds the following language: The CHD is a state agency or subdivision, as defined in section 768.28, Florida statutes, agrees to be fully responsible for its negligent acts or omissions or tortuous acts which result in claims or suits against the County, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by the CHD to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. The CHD agrees that it is an independent contractor and not an employee of the County. EXECUTIVE SUMMARY AUTHORIZE BUDGET AMENDMENT TO TRANSFER $200,000 FROM THE GOLDEN GATE COMMUNITY CENTER TO PARKS CAPITAL PROJECTS FOR THE COMMUNITY CENTER'S SHARE OF THE CONSTRUCTION COSTS OF THE NEW ANNEX BUILDING OBJECTIVE: To transfer $200,000 from the Golden Gate Community Center to the Parks Capital Projects Fund for the Community Center's share of the construction costs of the new annex building, so that the funds may be utilized in the manner originally intended by the Board of County Commissioners. CONSIDERATIONS: The original Golden Gate Community Center annex building will be removed during the development of the seven acres near the Community Center. The new annex building will be 4,700 square feet with a projected construction cost of $508,000. The total budget for this project is 3 million dollars, and includes design, road vacation and removal, bandshell, shade structure, annex building, open play field, landscaping, lighting, etc. The Golden Gate Community Center's MSTD portion of the project is $200,000, with the remainder of the project funded byPark Impact Fees. The Community Center's portion of the project was budgeted and was to have been paid at $100,000 per year during FY 01 and FY 02. However, the funds were budgeted as capital outlay for building improvements rather than as a transfer to Parks Capital Fund (346). The $100,000 expense in FY 01 did not occur and that amount remained in the Community Center Fund. Also, the $100,000 budgeted in FY 02 has not been expended. Therefore, it is necessary to transfer $200,000 from the Golden Gate Community Center Fund (130) to Parks Capital Project Fund (346) to pay for the Community Center's portion of the annex building. FISCAL IMPACT: $200,000 will be transferred from the Golden Gate Community Center Fund (130) to the Parks Capital Project Fund (346), in FY 02. The need for this transfer of funds was forecast during the FY 03 budget process. GROWTH MANAGEMENT IMPACT: The Golden Gate Community Center and new annex building are inventoried in the Growth Management Plan. RECOMMENDATION: That the Board authorize the necessary budget amendment to transfer funds from the Golden Gate Community Center to the Parks Capital Projects Fund for the Community Center's share of the costs for construction of the new annex building. SEP 2 q 2002 Winona Stone,,~udget Analyst, OMB REVIEWED BY: tl~rla Ramsey, Parks arfd Recreation Departmeyt t)~rector . -J~hn Dunnuck, Public Services Division Administrator EXECUTIVE SUMMARY RENEWAL OF AN AGREEMENT FOR JOINT USE OF FACILITIES WITH ST. JOHN NEUMANN HIGH SCHOOL ~: To maximize use of and access to countywide recreation facilities. Consideration_s: Collier County Parks and Recreation Department and St. John ~leumann High School have an agreement for use of facilities that allows the school to use the Golden Gate Aquatic Complex at scheduled dates and times and the County to use the school gym during the summer. Under the agreement no facility rental fee will be charged to either party for use of the other's facility, each organization is responsible for providing staff at programs and activities run at the other's facility, and fees and charges may be assessed to program participants by the organization running the program. A one million dollar ($1,000,000) general liability insurance per occurrence shall be maintained naming the other party as additional insured. This agreement is up for renewal. It has been approved as to form and legal sufficiency by the County Attorney's office and the school's attorney and signed by an authorized school official. ~: No fiscal impact is associated with this agreement. However, The MSTD General Fund (111) Parks FY 03 tentative budget includes anticipated revenue for participant fees from activities that could potentially be held at St. John Neumann facilities. Growth Manaqement.: The Golden Gate Aquatic Complex is inventoried in the Growth Management Plan. Recommendation.: That the Board of County Commissioners renew the agreement with St. John Neumann High School for joint use of specific facilities for a one year period. Date: Submitted by: ator ~ks .,and Recre~Department Reviewed by: - ~a~la O. Ramsey, Direct~ ment Approved by: Jo~im Dunnuck, Administrator Di~vision of Public Services AGREEMENT THIS AGREEMENT is entered into this day of 2002, between St. John Neumann Catholic School, Florida, hereinafter called the "School", and the BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA, hereinafter called the "County". The School and the County are referred to collectively as the "parties". WITNESS WHEREAS, the parties are interested in providing at each other's physical facilities additional recreational and other community service programs for residents of Collier County; and WHEREAS, this agreement is intended to result in more extensive utilization of each of the parties' physical facilities to accommodate the contemplated activities; and WHEREAS, in the interests of providing the additional community services to the public with the least expenditure of public funds, full cooperation between the County and the School is called for, and WHEREAS, the parties have the authority to enter into this agreement with each other and do all things appropriate to aid and cooperate with each other in cultivation of good citizenship by providing additional programs of community services and recreational and social activities. NOW, THEREFORE, the parties agree as follows: 1. SCHEDULING EVENTS. Schedule of dates/times for the use of the school and the County facilities will be worked out at least 60 days in advance of agreement start date by the parties. Those schedules will be arranged to avoid time/use conflicts. In the scheduling of events, school events and thc programs shall have first priority for use of the School's facilities, and the County's community activities shall have secondary priority. In the scheduling of events, the County's community activities shall have first priority for use of the County facilities, and the School's events and programs shall have secondary priority for all locations unless pre- empted from time-to-time by activities of the Collier County School System in accordance with the County's pre-existing written contractual commitment in that regard to the Collier County School Board. SCHOOL FACILITIES: 2. St. John Neumann High School will make its facilities available to the County for community activities at no charge to the County. 3. The School's properties and facilities are imended primarily for school purposes and for the benefit of children of school ~ge. Therefore, in planning programs and scheduling activities at the School's facilities the needs and opportunities for such children shall be the primary consideration. 4. The School shall be consulted in the planning and administering ofany County program to be conducted at the School's facilities. 5. The County will provide its own personnel, ~ delermined to be adequate by the County, to supervise the County's activities which will take place at the School. All personnel provided by the County shall be under the supervision oftbe County. 6. The County shall furnish and supply all expendable materials associated with any ev~m that it sponsors at the School. ?. The County shall utilize the following facilities and dates: Gymnasium: During public school summer brradc, June - August; all weeks minus two weeks before school resumes in August [' &~en. Cla '! tem 7:i5 am to 6:OO pm Monday- Friday ~ NO. [~D S t Gymnasium: I week in June, July, and August for basketball camp S EP 2 i 2002 COUNTY FACILITIES 8. The Golden Gate Aquatic Facility will be made available to the School for swim team practice and meets at no charge during those hours when the County facilities are open to the public. 9. The County's properties and facilities are intended primarily for the use ofthe County programs and the other County sponsored events. Therefore in planning programs and scheduling activities at the County's Aquatic Facility, the needs and opportunities for such County programs shall be the primary consideration~ 10. The School pays Collier County for the cost of lifeguards during non-open hours at a flat rate of fifteen dollars ($15.00) per hour per guard. 11. The School staffshall use the facility for practices and meets during August through November. 12. NO ASSUMPTIONS OF LIABILITIES: Neither party shall assume the liability of the other. Collier County shall maintain at all times during the duration of this contract and in the event of a claims made policy, for four years after its termination, insurance coverage for bodily injury, personal injury and property damage each in a minimum amount of $1,000,000 per occurrence and $2,000,000 aggregate. The County shall, within ten (10) days fxom the execution of this Agreement, furnish to the Diocese a certificate of insurance which names "Bishop John J. Nevins, a corporation sole, the Diocese of Venice and St. John Neumann High School" as additional insured. The Diocese of Venice shall maintain during the term of this Agreement general liability insurance in the minimum amounts of $1,000,000 per occurrence and $3,000,000 aggregate and shall, within ten (10) days fxom the execution of this Agreement, furnish to the County a certificate of insurance naming the "Collier County Board of County Commissioners" as an additional insured. 13. RIGHT OF TERMINATE AGREEMENT. Either party may at any time terminate this Agreement by giving to the other party ninety (90) days advance written notice of its intent to terminate. 14. TERM. The term of this Agreement shall be for a period of one (1) year commencing on the date of execution. ST. 3OHN NEUMANN CATHOLIC BOARD OF COLrNTY COMMISSIONERS HIGH SCHOOL, FLORIDA COLLIER COUNTY, FLORIDA B y:.~_-~ ..<~ ,~_ ,~x- ~-~.~ ,~ ..~c~ By: Name ~ ' ~ ' James N. Coletta, Chairman Title ATTEST: ATTEST: By:. , Deputy Clerk for Dwight Brock, Clerk of Courts Approved as to form and legal sufficiency: Approved as to. Ireland legal sufficiency: {rA~t6r~ey- f~r the~- - ~/ Robed Zachary, P~i~,~nt County Attorney I A gen~t~ Item.: SEP 2 q PO- '-~ _ EXECUTIVE SUMMARY APPROVE MODIFICATION TO THE CAXAMBAS PARK SUBMERGED LAND LEASE WITH THE STATE OF FLORIDA DEPARTMENT OF ENVIRON- MENTAL PROTECTON AT AN ADDITIONAL ANNUAL COST OF $150 ~: To modify the submerged land lease with the State of Florida Department of Environmental Protection so that an additional dock may be built at Caxambas Park to aid the operations of the Coast Guard Auxiliary Marco Island Flotilla, Inc. Considerations,.: In 1983 the Board of County Commissioners entered into a s-ubmerged land lease with the State of Florida for floating docks at Caxambas Park. The Parks Department wishes to modify the lease agreement to include an additional dock. This dock will be constructed by the Coast Guard Auxiliary Marco Island Flotilla, Inc. and then donated to the County. The Coast Guard Auxiliary will use this dock for its fleet, which operates to promote and ensure the safety of local boaters. The existing submerged land lease is for a 5-year period and has an expiration date of April 6, 2003. This new dock will increase the lease fee paid by the County by approximately $150 per year, bringing the total annual cost to approximately $375. Growth ManaRement: Caxambas Park is inventoried in the Growth Management Plan. ~: Monies are appropriated in the Parks and Recreation Beach and Water General Fund (001) for the payment of lease fees (approximately $375 annually). There will be no expenditure associated with construction of the dock. Recommendation: That the Board of County Commissioners approve the modified submerged land lease with the State of Florida Department of Environmental Protection for Caxambas Park. ~d~O~vald,~6~erations Coordinator // / PaLks 9nd Recreatioja-I3epartment /~¥a (5. Ramsey, Director/ ~J~arks and Recreation Department Approved by: !l~~D~v~ ~/~ Date: ~//'~ ~ ? J~hn Dunnuck, Administrator Division of Public Services , iAgendR SEP 2 2002 This Instrument Prepared By: M. Sue Sones ReouTmg Revenue Section Bureau of Public Land Admires' tratinn 3900 Conm~nwealth Boulevard Mail Station No. 125 Tallahas~e, Florida 32399 BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA SOVEREIGNTY SUBMERGED LANDS LEASE MODIFICATION TO INCREASE SQUARE FOOTAGE No. 110~4215 PANo. 1 i-0191321-001 THIS LEASE is hereby issued by the Board of Trustees of the Internal Improvement Trust Fund of the Slate of Florida, hereinafter referred to as the Lessor. WITNESSETH: That for and in consideration of payment of the annual lease fees hereinafter provided and the faithful and tinaely performance of and compliance ~.th all terms and conditions sated hereto, the Lessor does hereby lease to Collier County, Florida, hereinafter referred to ~s the Lessee, the sovereign lands described as follows: A parcel of sovereign submerged land in Section 20, Township 52 South. Range 26 East, in Caxambas Pass, Collier County, containing 4,272 square feet, more or less, as is more particularly described and shogm on Atlachment A, dated April 18. 2002. TO HAVE THE USE OF the heremabove described premises rom March 22, 2002, the effective date of this modified lease, through April 6, 2003, the expiration date of this modified lease. The terms and conditions on and for which this lease is granted are as follows: 1. USE OF PROPERTY: The Lessee is hereby authorized to construct and operate a concrete boat ramo. a 4-shD dockinn facility and a mart, trial dock exclusively to be used for launchine and temp~Fary mooring, of recrcational vessels and a Coast Guard Auxiliary vessel, in conjunction with an upland park. concessions and bait shod business, wi~ fueling facilities, xvith a sewage pumpout facility ifil meets the regulatory requirements of the Deparunent of Environmental Protection or local authority, whichever entity applies the more stringent criteria, and without liveaboards as defined in paragraph 29, as shown and conditioned in Anachraent A, and the Department of Environmental Protection Noticed General Permit No. 11-0191321- 001, dated March 22, 2002, incorporated herein and made a part of this lease by reference. All of the foregoing subject to the remaining conditions of this Lease. 2. LEASE FEES: The Lessee hereby agrees to pay to the Lessor an initial annual le~se fee for the expanded area (1,07:~ squsre feet) ors 130.36. plus 25 percent surch~ge and s~les tax pursuant to Section 212.031, Florida Statutes, if applicable, ~thin 30 days of receipt ofthis fully executed modified lease. The annual fee for the rcmairfing yeaes of the lease for the entire lease area ¢4.272 square feet) strait be adjusted pursuant to provisions of Section 18-21.011, Florida Administrative Code. The Division of State Lands will notify the Lessee in writing of the amount and the due date of the annual payment. The lease fee shall be remitted annually lo the Division of State Lands as the agent for the Lessor, beginning with the effective and due date of this lease, and each year thereafter until the term of this lease terminates or expires. [021 SEP 2 4 2002 3. WET SLIP RENTAL CERTIFICATION/SUPPLEMENTAL PAYMENT: The Lessee shall provide upon request by the Lessor any and all information in a certified form needed to calculate the lease fee specified in paragraph two (2) above, including the total amount of the gross receipts derived from the rental of wet slips, if applicable. When six percent (6%) of the gross receipts derived from the rental of wet slips exceeds the prorated base fee or minimum fee established pursuant to section 18-21.01 i, Florida Adminis~-ative Code, for any lease year during the term of this lease, the Lessor shall send thc Lessee a supplemental invoice for the difference in the amounts for that lease year. 4. LATE FEE ASSESSMENTS: The Lessee shall pay a late charge equal to interest at the rate of twelve percent (I 2%) po' annum from the duc date until paid on any lease fees due hereunder which are not paid within 30 days of their due dates. 5. EXAMINATION OF LESSEE'S RECORDS: For purposes of this lease, the Lessor is hereby specifically authorized ami empowered to examine, for the term of this lease including any extensions thereto plus three (3) additional years, at ~,11 reasonable hours, the books, records, contracts, and other documents confu'ming and pertaining to the computation of annual lease payments as specified in paragraph two (2) above. 6. MAINTENANCE OF LESSEE'S RECORDS: The Lessee shall secure, maintain, and keep all records for the entire term of this lease, plus three (3) additional years. This period shall be extended for an additional two (2) years upon request for examination of all records and accounts for lease payment verification purposes by the Lessor. 7. AGREEMENT TO EXTENT OF USE: This lease is given to the Lessee to use or occupy the leased premises only for those activities specified herein and as conditioned by the Depar~nent of Environmental Protection Noticed General Permit. The Lessee shall not change or add to the approved use of the leased premises as defined herein (e.g., from conunercial to multi-family residential, from temporary mooring to rental of wetslips, from rental of wetslips to conS-actual agreement with third party for docking of cruise ships, from rental of recreational pleasure craft to rental or temporary mooring of charter/tour boats, from Ioading/offloading commercial to rental of wetslips, etc.), shall not change activities in any manner that may have an environmental impact that was not considered in the original authorization or regulalory permit, or shall not change the ~ype of use of the riparian uplands without fLrst obtaining a regulatory permit/modified permit, if applicable, and the Lessor's written authorization in the form ora modified lease, the payment of additiunal fees, if applicable, and, if applicable, the removal of any structures which may no longer qualify for authortZation under the modified lease. g. PROPERTY RIGHTS: The Lessee shall make no clain~ of title or imeres! to said lands hereinbefore described by reason oftbe occupancy or use thereof, and all title and interest to said land hereinbefore described is vested in the Lessor. The Lessee is prohibited from including, or making any claim that purports to include, said lands described or the Lessee's leasehold interest in said lands into any form of private ownership, including but not limited to any form of condominium or cooperative ownership. The Lessee is further prohibited from making any claim, including any advertisement, that said land, or the use thereof, may be pu$chased, sold, or re-sold. 9. INTEREST IN RIPARIAN UPLAND PROPERTY: During the term oft.his lease, the Lessee shall maintain a leasehold or fee sunple title interest in the riparian upland property and if such interest is terminated, the lease may be terminated at the option of the Lessor. Prior to sale and/or termination of the Lessee's leasehold or fee simple title interest in the upland property, Lessee shall inform any potential buyer or transferee of the Lessee's upland property interest of the existence of this lease and all its terms and conditions and shall complete and execute any documents required by the Lessor to effect an assignmenl of this lease, if consented to by the Lessor. Failure to do so will not relieve the Lessee from responsibility for full compliance with the terms and conditions of this lease which include, but are not limited to, payment of all fees and/or penalty assessments incurred prior to such act. Page _2._ of l~ Pages Sovereignty Submerged Lands Lease No. 110534215 Agenda Item SEP 2 6 2002 10. ASSIGNMENT OF LEASE: This lease shall not be assigned or otherwise transferred without prior writien consent oftbe Lessor or its duly authorized agent. Such assignment or other transfer shall be subject to the term.s, conditions and provisions of management standards and applicable laws, rules and regulations in effect at that time. Any assignment or other ~'ansfer without prior written consent oftbe Lessor shall be null and void and without legal effect. I 1. INDEMNIFICATION/INVESTIGATION OF ALL (~LAIMS; The Lessee shall investigate ali claims of every nature at its expense. Each pan~ is responsible for all personal injury and property damage attributable to the negligent acts or omissions of that parD, and the officers, employees and agents thereof. Nothing herein shall be construed as an indenmity or a waiver of sovereign immumty enjoyed by any party hereto, as provided in Section 768.28, Florida Statutes, as amended from time to time, or any other law providing limitations on claims. 12. VENUE: Lessee waives venue as to any litigation arising fi.om matters relating to this lease and any such litigation between Lessor and Lessee shall be initiated and maintained only in Leon County, Florida. 13. NOTICES/COMPLIANCErrERM[NATION: The Lessee binds itself, its successors and assigns, to abide by the provisions and conditions herein set forth, and said provisions and conditions shall be deemed covenants of the Lessee, its successors and assigns, in the evem the Lessee fails or refuses to comply with the provisions and conditions herein, or fails or refuses to comply with the provisions and conditions herein set forth within 20 days of receipt of the Lessor's notice to correct, this ]ease may be terminated by the Lessor upon thirty (30) days written notice to Lessee. If canceled, all of the above- described parcel of land shall revert to the Lessor. All costs and aMorneys' fees incurred by the Lessor to enforce the provisions of this lease shall be paid by the Lessee. All notices required to be given to the Lessee by this lease or applicable law or adrninistralive rules shall be sufficient if sent by U.S. Mail to the following address: Collier County 3301 Tamiami Trail East Naples, Florida 34112 The Lessee shall notify the Lessor by certified mail of any change to this address at least ten (10) days before the change is effective. 14. TAXES AND ASSESSMENTS: The Lessee shall assume all responsibility for liabilities that accrue to the subject property or to the improvements thereon, including any and all drainage or special assessments or taxes of every kind and description which are now or may be hereafter lawfully assessed and levied against the subject property during the effective period of this lease. 15. NUISANCES OR ILLEGAL OPERATIONS: The Lessee shall not permit the leased premises or any part thereof to be used or occupied for any purpose or business other than herein specified unless such proposed use and occupancy are consented to by the Lessor and the lease is modified accordingly, nor shall Lessee knowingly perrmt or suffer any nuisances or illegal operations of any kind on the leased premises. 16. MAINTENANCE OF FACILITY/RIGHT TO INSPECT: The Lessee shall maintain the leased premises in good condition, keeping the structures and equipment located thereon in a good state of repair in the interests of public health, safety and welfare. No dock or pier shall be consmicted in any manner that would cause harm to wildlife. The leased premises shall be subject to inspection by the Lessor or its designated agent at any reasonable time. 17. NON-DISCRIMINATION: The Lessee shall not discriminate against any individual because of that individual's race, color, religion, sex, national origin, age, handicap, or marital status with respect to any activity occurring within the area subject to this lease or upon lands adjacent to and used as an adjunct of the leased area. During the lease term, the Lessee shall post and maintain the placard furnished to the Lessee by the Lessor in a prominent and visible location on the leased premises or adjacent business office of the Lessee. It shall be the responsibility of the Lessee to post the placard in a manner which will provide protection from the elements, and, in the event that said placard becomes illegible at any time during the term of this lease (including any extensions thereoi), to notify the Lessor in writing, so that a replacement may be provided. lg. ENFORCEMENT OF PROVISIONS: No failure, or successive failures, on the part of the Lessor to enforce any provision, nor any waiver or successive waivers on its part of any provision herein, shall operate as a discharge thereof or render the same inoperative or impair the right of the Lessor to enforce the same upon any renewal thereof or in the event of subsequent breach or breaches. Page .3 of 13 Pages Sovereignty Submerged Lands Lease No. 110534215 Ag~ln~ ~tt/m S EP 2 ?/20O2 Pg. 19. PERMISSION GRANTED: Upon expiration or cancellation of this lease all permission granted hereunder shall cease and terminate. 20. RENEWAL PROVISIONS: Renewal of this lease shall be at the sole option oftbe Lessor. Such renewal shall be subject to the terms, conditions and provisions of management standards and applicable laws, rules and regulations m effect at that time. In the event that Lessee is in full compliance with the terms of this lease, the Lessee may apply in writing for a renewal. Such application for renewal must be received by Lessor no sooner than 120 day~ and no later than 30 days prior to the expiration date of the original or current term hereof. The term of any renewal granted by the Lessor shall commence on the last day oftbe previous lease term. If the Lessee fails to treacly apply for a renewal, or in the event the Lessor does not grant a renewal, the Lessee shall vacate the leased premises and remove all slructures and equipment occupying and erected thereon at its expense. The obligation to remove all structures authorized herein upon termination of this lease shall constitute an afftrmafive covenant upon the riparian upland property more specifically described m Attachment B , which shall tun with the tide to said riparian upland property, and shall be binding upon Lessee and Lessee's successors in tide or successors in interest. 21. REMOVAL OF STRUCTUI;LES/^DMINISTRATIVE FINES: If the Lessee does not remove said structures and equipment occnpyin§ and erected upon the leased pren~Ses after expiration or cancellation of this lease, such structures and equipment will be deemed forfeited to the Lessor, and the Lessor may authorize removal and my sell such forfeited s~ructures and equipment after ten (10) days writXen notice by certified mail addressed to the Lessee at the address specified in Paragrapli 13 or at such address on record as provided to the Lessor by the Lessee. However, such remedy shall be in addition to all other remedies available to the Lessor under applicable laws, rules and regulations including the right to comt~l removal of all sl~*uctures and the right to tmpose administrative £mes. 22. REMOVAL COSTS/LXEN ON RIPAKL~N UPL^~D ?ROPERTY: Any costs incurred by thc Lessor in removal o£any s~uct~res and equipment constructed or maintained on state lands shall be paid by Lessee and any unpaid costs and expenses shall constitute a lien upon the interest of the Lessee in its uplands enforceable in sm*~ry proceedings as provided by Law. 23. RE(~ORD^TION OF LE^$E. The Lessee, at its ow~ expense, shall record tl~s fully executed lease in its entirety in lbe public records of the county within which the lease site is located within fourteen (14) days after receipt, and shall provide to the Lessor witl~n ten (10) da~s following the recordation a copy of the recorded lease in its entirety which contains the O.R. B~k and pages at which the lease is recorded. 24. RIPARIAN RIGHTS/FINAL ADJUDICATION: In the event that any part of any structure authorized hereunder is determined by a final adjudication issued by a court of competent jurisdiction to encroach on or interfere with adjacent riparian fights, Lessee agrees to either obtain wrinen consent for the offending structuxe from the affected riparian owner or to remove the interference or encroachment within 60 days from the date of the adjudication. Failure to comply with this paragraph shall constitute a material breach of this lease agreement and shall be grounds for immediate termination of this lease agreement at the option of the Lessor. 25. AMENDMENTS/MODIFICATIONS: This lease is the entire and only agreement between the parties. Its provisions are not severable. Any amendment or modification to this lease must be in writing, must be accepted, acknowledged and executed by the Lessee and Lessor, and must comply with the rules and statutes in existence at the time of the execution of the modification or amendment. Notwithstanding the provisions of this paragraph, if mooring is authorized by this lease, the Lessee may install boatlift~ within the leased premises without formal modification oftbe lease provided that (a) the Lessee obtain~ any state or local regulatory permit that may be required; and (b) the location or size of the lift does not increase the mooring capacity of the facility. Page ~ of 13 Pages Sovereignty Submerged Lands Lease No. i 10534215 SEP 2 6 2002 26. ADVERTISEMENT/SIGNS/NON-WATER DEPENDENT ACTIVITIES/ADDITIONAL AG~TIVITIES/MINOR STRU~L REPAIRS: No permanent or temporary signs directed to the boating public advertising the sale of alcoholic beverages shall be erected or placed within the leased area. No restaurant or dining activities are to occur within the le~sed asea. The Lessee shall ensure that no permanent, temporary or floating structures, fences, docks, pilings or any structures whose use is not water-dependent shall be erected or conducted over sovereignty submerged lands without prior written consent fi.om the Lessor. No additional structures and/or activities including dredging, relocation/realignment or major repairs or renovations to authorized structures, shall be erected or conducted on or over sovereignty, submerged lands without prior written consent fi.om the Lessor. Unless specifically authorized in writing by the Lessor, such activities or structures shall be considered unauthorized and a violation of Chapter 253, Florida Statutes, and shall subject the Lessee to administrative frees under Chapter 18-14, Florida Administrative Code. This condition does not apply to minor structural repairs required to maintain the authorized structures in a good state of repair in the interests of public health, safety or welfare; provided, however, that such activities shall not exceed the activities authorized by this agreement. 2'/. ACOE AUTHORIZ, ATION: Prior to commencement ofconsmiction and/or activities authorized herein, the Lessee shall obtain the U.S. Army Corps of Engineers (ACOE) permit if it is required by thc ACOE. Any modifications to the construction and/or activities authorized herein that may be required by the ACOE shall require consideration by and the prior written approval of the Lessor prior to the commencement of construction and/or any activities on sovereign, submerged lands. 28. COMPLIANCE WITH FLORIDA LAWS: On or in conjunction with the use of the leased premises, the Lessee shall at all times comply with all Florida Statutes and all administrative roles promulgated thereunder. Any unlawful activity which occurs on thc leased premises or in conjunction with the use of the leased premises shall be grounds for the termination of this lease by the Lessor. 29. LIVEABOARDS: The term "liveaboard" is de£med as a vessel docked at the facility and inhabited by a person or persons for any five(5) consecutive days or a total often(10) days within a thirty(30) day period. If liveabnards are authorized by paragraph one(l) of this lease, in no event shall such "livcaboard" status exceed six(6) months vdthin any twelve(12) month period, nor shall any such vessel constitute a legal or primary residence. 30. GAMBLING V~ESSELS: During the term of this lease and any renewals, extensions, modifications or assignments thereof, Lessee shall prohibit the operation of or entxy onto the leased premises of gambling cruise ships, or vessels that are used principally for the purpose of gambling, when these vessels arc engaged in "cruises to nowhere," where the ships leave and return to the state of Florida without an intervening stop within another state or foreign country or waters within the jurisdiction of another state or foreign country, and any watercraft nsed to carry passengers to and from such gambling cruise ships. 31. SPECIAL LEASE CONDITIONS: A. Lessee shall maintain for the term of this lease and any subsequent renewal periods the manatee informational display and manatee awareness signs. B. Waterborne vessels moored at the 50-foot long marginal dock, on either a temporary or permanent basis, shall not exceed the 50-foot long marginal dock length as shown in Attachment A of the lease. These vessels shall be moored parallel to the marginal dock. C. The Lessee shall comply with the following manatee protection constxuction conditions: 1. The Lessee shall imtruct all personnel associated with the project of the potential presence of manatees and the need to avoid collisions with manatees. All construction personnel are responsible for observing water-related activities for the presence of manatees. 2. The Lessee shall advise all constnzction personnel that there are civil and criminal penalties for harming, harassing, or killing manatees which are protected under the Marine Mammal Protection Act of 1972, the Endangered Species Act of 1973, and the Florida Manatee Sanctuary Act. 3. Siltation barriers shall be made of material in which manatees cannot become entangled, are properly secm-ed, and ase regularly monitored to avoid manatee eoWapment. Barriers ~nnst not block manatee entry to or exit fi'om essential habitat. Page ._5_. of 13 Pages Sovereignty Submerged Lands Lease No. 110534215 Agende, SEP 2 zl 20O2 Pg.~ 4. All vessels as,sociated with the comtroction project fl~all operate at 'no wake/idle" speeds at all ~ whil~ in the construction area and while in water where the draft of the vessel provides le~ than a four-foot clearvue from the bottom. All vessels will follow route~ of deep water wbenever po~le. 5. If a manatee is sighted within i 00 yin'ds of the project area. precaufiom shall be implen~nted by the Lessee and the contractor to ensure protection of manatees. The~e precautions shall include not operating any equipment clo~er than 50 feet to a manatee, and immediately shutting down equipment ora manatee com~ within 50 feet of the equipment. Activitie~ will not re~un~ until the manatees have departed the project area of their own volition. 6. Any collision with and/or injury to a man~tee shall be reported immediately to the Florida Fish and Wildlife Conservation Commission at (1-888-.404-3922). Collision and/or injury should also be reported to the U.S. Fi<h and Wildlife Service..}'acksonville Office (1-904-791-2580) for North Florida and to the Vero Beach Field Office (I-561-562-3909) for South Florida. 7. Temporary sigm concerning manatees shall be posted prior to and during all consmz:tion/dredging activities. Ail signs are to be removed by the ~ upon completion of the project. A sign measuring at le~t three feet by four feet which reada "Caution: Mana.tee Area" shall be posted in a location prominently vis,lc to wa~r related construction crews. A .second sign shall be posted if vessels are associated with the construction and shall be placed vis,lc to the vessels operator. The second sign shall be at least 8 'A inches by 11 inches and read: Caution: Manatee Habitat. Idle speed is required if operating a ~essel in the construction area. ,411 equipment mu~t be shutdo*~ ifa manatee comes within SO feet of the operation..~ny collision with and/or injur), to a manatee sba11 be reported immediately to the FWC Hotltne at 1-888-404- FWCC (1-888-404-3922). The U.S. Fish and Wildlife Service should also be contacted in Jackso~wille (1-904-232-2580}for North Florida or in Veto Beach (l-§61-562-3909) for South Florida. Specific information on obtaining these signs may be obtained by contacting the Deparm'tent of FWC at (850)-922-4330 Page.~_6 of 13 Pages Sovereign~ Submerged Lands Lease No.11053421~ Agende SEP 2 2002 Pg · _~ wrrNESSES: BOARD OF TRUSTEES OF THE INTERNAL IMPROVEMENT TRUST FUND OF THE STATE OF FLORIDA Original Signature (SEAL) BY: Printrrype Name of Wimess Ralph M. Perkins, Operations and Management Consultant Manager, Bureau of Public Land Administration, Division of State Lands, Department of Environmental Original Signature Protection, as agent for and on behalf of the Board of Trustees of the lntemal Improvement Trust Fund of the State of Florida Print/Type Name of Witness "LESSOR" STATE OF FLORIDA COUNTY OF LEON The foregoing insmmaent was acknowledged before me this day of ,20 , by Ralp.h.M. Perkins. Ooeralions and Man~oeraent Consultant Manal~er. Bureau of Public Land Administration. Division of State land~ ~-'pat~nent of Environmantal Protection. as a~ent for and on behalf of the Board of Trnsteez of the Internal lmorovement Tmzt Fund o£the State of Florida. He is per~,onally imow~ to me. APPROVED AS TO FORM AND LEGALITY: Notary Public, State of Florida DEP A~omey Printed, Typed or Stamped Name My Commission Expires: Commission/Serial No. .... ATrEST: WITNESSES: Collier Count, Florida (SEAL) By its Board of County Commissioners BY: Original Signature Original Signature of Executing Authority Typed/Printed Name of Witness Typed/Printed Name of Execu~ng Authority Original Signature Title of Executing Authority Typed/Printed Name of Witness "LESSEE" STATE OF COUNTY OF The forgoing instrument waa acknowledged before me this __ day of ,20 , by J~m C~.oletm as Chairman, for and on behalf of tbe l~ard of Cvounw Commissioners 0f C~ollier C~unw. Florida. He is personally known to me or who has produced , as kienfificafion. My Commission Exph'es: Notary Public, State of Commission/Serial No. Printed, Typed or Stamped Name ~.~;.~ k ~ga.t ,uflioiene7 So,~ig,~ s~,~ed L~t L~ No. 1 IOS~S S EP 2 a., 2002 " Barfield Sch..~. ?, ':'.,),... ,~ ~,. ,. %'\ · ,\ B A 'i ~ . ,., ~',,~· ': · ROBERTS BAY.' '~ D~kman s ', ~ ~ ~ Pt Page 8 of 13 Pag~ NO · ~ SSLL NO. 110~4214 28 ",. , SEP 2 ~ 2002 Pg-,, ~ DESCRIPTION OF SUBMERGED LEASE A PARCEL OF LAND IN THE WATERS OF CAXAMBAS PASS ADJOINING TRACT "B", MARCO BEACH UNIT 10, AS RECORDED IN THE PUBUC RECORDS OF COLUER COUNTY, FLORIBA IN PLAT BOOK 6, PAGES 74 THRU 79, INCLUSP~E~, IN SECTION 20, TOWNSHIP 52 SOUTH RANGE 26 EAST, AND BEING MORE PARTICULARLY DESCRIPED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF TRACT "B" AS SHOWN ON THE PLAT OF MARCO BEACH UNIT 10, PLAT BOOK 6, PAGES 74 THRU 79, INCLUSIVE, AS RECORDED IN THE PUBLIC RECORDS OF COLUER COUNTY, FLORIDA, THENCE ALONG THE' SOUTHERN BOUNDARY OF TRACT "B' SOUTH 72' 21' 25' EAST, FOR A DISTANCE OF 300 FEET; THENCE CONTINUING ALONG THE SOUTHERN BOUNDARY NORTH 65' 22' 17' EAST, FOR A DISTANCE OF 212.44 FEET TO A DRILLED HOLE IN THE ~ SEAWAM.; THENCE ALONG SAID SEAWALL DUE EAST FOR A DISTANCE OF 54 FEET TO THE POINT OF BEGINNING OF THE LEASE ~ AREA DESCRIBED AS FOLLOWS; THENCE CONTINUING ALONG SAID ,~, SEAWALL DUE EAST FOR A DISTANCE OF 147 FEET; THENCE LEAVING SAID SEAWALL AND OVER THE WATERS OF CAXAMBAS PASS FOR o~ FIVE CALLS. DUE SOUTH FOR A DISTANCE OF 40 FEET; THENCE DUE WEST FOR A DISTANCE OF 80 FEET; THENCE DUE NORTH FOR A DISTANCE OF 24 FEET; THENCE DUE WEST FOR A DISTANCE OF 67 FEET; THENCE DUE NORTH FOR A DISTANCE OF 16 FEET TO THE POINT OF BEGINNING. CONTAINING 4.272 SQUARE FEET. NOTES: · MEAN HIGH WATER FALLS ON FACE Of SEAWALL · TOTAL SHORE LINE LENGTH IS 357 FEET FOUND ~ER DOUG THOMPSON on 1-8-02 CONCRETE HW = +1.7 MONUMENT SVD = 0.0 · MLW = -0.6 · NORTHERN SHOREUNE IS OVER 1,000 FEET OF SEAWALL · SOUTHERN SHOREUNE IS OVER 1,000 FEET OF SEAWALL · BEARINGS BASED ON CENTERLINE OF COLLIER COURT AS RECORDED ON PLAT CERTIFICATION I HEREBY CERTIFY THIS SPECIFIC PURPOSE SURVEY WAS MADE OF THE PROPERTY DESCRIBED HEREON UNDER MY SUPERVISION AND IS A REPRESENTATION THEREOF, I FUTHER CERTIFY THAT THIS SURVEY MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA BOARD OF LAND SURVEYORS PURSUANT TO ADMINSTRATI~ CODE CHAPTER 61G17 AND SECTION 452.027 OF THE FLORIDA STATL PROFESSIONAL SURVEYOR AND MAPPER GEORGE R. RICHMOND, PLS 2406 , NOT VALID ~THOUT THE SlGNA'I1JRE AND THE ORIC..,INAL RNSED SEAL. OF A FLORIDA MCENSE. D SURVEYOR AND DAPPER PROPOSED LEAS COLUER COUNTY GOVERNMENT FOR ^NSPORT^ ON DEP^R ENT ..... 267 SOUTH .ORSESHOE DR,V IER COUI ,I NAP'ES, FL I PHONE (941) 774-8192 SsI.l. NO.,,o-'.34=,4 MBAS PA I SEP 2 2002 g This Instrument prepar~ b~ ) 8 3 9 ? 7 5 ~3 nOV ' ~;4 2:~12 W~LU^M ~. L" '''TO.. 3250 S.W. A~nue :UER COUNT? RE~u,,.E~..~a,~ OgBD U~amr: Rorlda .. 'M~. THIS INDgNTURE, made this day of October, 1983, AoD., between THE DELTONA CORPORATION, a Delaware co=pora~ioa, lawfully authorized to trausac~ business in the S~ate of Florida, party of the first part, and COLLIER COUNTY, a political subdivision of the State of Florida, whose mailing address is Col[ie[ County Courthouse, Naples, Florida, 33942, the party of the second part. That the ~arty of the Eirst part, for and in consi~eration of the sum of TEN DOLLARS AND OTHER GOOD AND VALUABLE CONSID~TION, to i~ ~n hand ~a~d by ~he' sa~d par~y of the second par~, the receipt whereof, ts he[eby acknowledge~, has granted, bargained and 8old ~o the said party of ~he second par=, its succest.~cs and assigns forever, ~he following describe~ land situate, lying and being in the County of Collier and Stare o[ THAT PART T~CT ~B' OF M~CO BEACH UNIT TEN, according to the pla= thereof, as recorded in Plat Book 6, Pages 74 through 79 i~clusive of ~he Public Records of Collier County, Florida and being more particularly described as B~GIN ~e ~outhwest co=net of sa~d Tract for the POINT OF BEGINNING of the parcel of land hereinafter desc=ibed~ sa~d point being on the ~asterly right-of-~ay line of Collier Court, as shown on sa~d plat of ~arco Beach Unit Tenl run thence N17'38~34'E along said Easterly right-or-way line [o= a d~s~ance of 326.58 feet~ thence leaving said Easterly right-of-way line~ S72~21~26'E fo= a distance of 704.21 feet to a point on the Easterly boundary of sai~ Tract 'B'~ thence S[2e25~00'W along said ~ste=ly ~undary for a d~s~ance of 102.58 feet [o the Southeast co=net ~hence run ~he following courses along the Southerly bounaary of said Tract "B~, Wes~ a diatance of 269.00 feet~ ~hen S65'22'17'W for a .distance of 212.44 test= ~hence N72*21'25'W for a distance of 300.00 feet to the Point o~ Beginning. Containing 4.00 acres~ ~ore o= less. Th~a dee~ is execute~ subject to ~he following ts=ms and cond~tionS~ ~ A~ valorem ~xes ~ all assessments, IE any, for ~e yea= Of 1983. 2. Ex~sting zon~nq and ~11 easements, ~estr~ctions and reservations of JAN I Agenda Page 12 of 13 ]'ages ~ ssLL.o. SEP 2 % 2002 i . 3. It is a col _tion of this conveyance that the w- derty herein describe~ be used only as a boat launching area to provide public access to adjacent navigable waters. In the event the party of the second, it successors or assigns fail to use the property herein described a boat launching area, then in that event, the party of ' the first part may at anytime during the next twenty . (20) years, =e-enter and retake the proper~y herein described. And the said party of the first part, does hereby ~ully warrant the title to sai~ land, and will defend th~ same against the lawful claims of all persons whomsoever. IN WITNESS WHEREOF, the said party of the first part has caused these presents to be signed in its name by its authorized officers and its corporate seal to be affixed the and year above written. ....:" "~ · ' ' · ~  .... ,e .~,,. Corporate Secretary STAT~: OF FLORIDA COUNTY OF DADE ) I HEREBY CERTIFY, that on this ~ day of October, 1983 before me personally appeare~ FRANK E. HACKLE, III and HICHELLE R. GARBIS, President and Corporate Secretary respectively, of THE DELTONA CORPORATION, a corporation under the laws of the State fo Delaware, authorized to transact business in the State of Florida, to me known to be the persons who signed the foregoing instrument as such officer= had -.ckno,,ledged the execution " thereof to be their free acts and deeds as such officers for the uses and purposes therein mentioned and that they affixed thereto the official seal of sai~ corporation, and that said instrument is the act and ~eed of said co~poration. WITNESS my hand and official s~al at Miami, Da~e and State of Florida, the day and ~ear last aforesaid. ,'~ . Recei~d D~enta~ Stamp Tax Collier C~n~, Florida William J. Reagan, Clerk Pagei3orl~Pag. SEP 2 . 002 SSLL NO. 110~4214 Pg ._ EXECUTIVE SUMMARY AWARD OF BID #02-3407 TO PRIMARY AND SECONDARY VENDORS FOR PURCHASE AND DELIVERY OF FERTILIZER AT A PROJECTED COST OF $200,000 Obiecfive: To maintain healthy and beautiful facilities at the lowest possible cost. Considerations: Collier County purchases fertilizer throughout the year for maintenance of parks and facilities. Invitations to bid for contracted vendor status for purchase and delivery of fertilizer were sent to 64 bidders on August 9, 2002. Six businesses requested bid packages, and two bidders returned proposals by the due date. Staff has reviewed the proposals and recommends Pro Source One and Lesco, Inc. be named primary and secondary vendors for fertilizer on a line-by-line basis as indicated on the attached bid tabulation sheet. Fiscal Impact: Funds are included in the FY 03 tentative budget in various maintenance budgets within the Parks MSTD General Fund (111) and Pelican Bay MSTBU Fund (109). Growth Mana.qement Impact: Facilities to be maintained are inventoried in the Growth Management Plan. Recommendation: That the Board of County Commissioners award bid #02-3407 to Pro Source One and Lesco, Inc. as primary and secondary vendors for purchase and delivery of fertilizer on a line-by-line basis as indicated on the attached bid tabulation Submitted by: Date: ~'---Amadd~ ~-sW--~ltl, Op~a~ris"ZCbor~ih~iior ~/ '// Parks and Recreation Department · Reviewed by: ~.I/';-~J~' ~'~4.c~-~(~ Date: ?'/J/~'/ ~larla O. Rarhs~y: Dire~Xo~ ) I / Parks and Recreation Dbpa_rtment .eviewedby: ,)~~ ¥~. (.~,L~,f Date: Steve Carnell,Director J.~..Dunnuck, Administrato Dwision of Public Services Agenda Item~ No. /rd, D, 7 EP 2 2002 EXECUTIVE SUMMARY TO AWARD BID #02-3409 FOR PURCHASE AND DELIVERY OF CONCRETE & METAL CULVERT PIPE AT AN ANNUAL COST OF $35,000. Objective: To obtain concrete and metal culvert pipe for use by the Road Maintenance department, in a cost efficient and responsive manner. Considerations: Bid #02-3409 was posted on July 11, 2002 with notices of invitation to bid sent to fifty nine (59) vendors of which eight (8) vendors requested complete bid packages. Bids were received from six (6) vendors and opened on July 24, 2002. Please refer to the bid tabulation included with this summary. Staff has reviewed the proposals and wishes to award by category to the lowest bidder in the following manner: Reinforced Concrete Pipe - 3D Sitework Corporation ADS Plastic Pipe - Hughes Supply, Inc. Corrugated Metal Pipe, Bands and Bolts - Metal Culverts, Inc. Ferguson Water Works was the actual Iow bidder on Reinforced Concrete Pipe but failed to meet the specifications called for in the bid documents. Staff also requests that they be allowed to contact the next lowest bidder for each category in the event that the Iow bidder cannot provide items as needed. Growth Management Impact: This will not affect the Growth Management Impact. Fiscal Impact: The fiscal impact associated with this item is estimated to be $35,000 annually. Funds are appropriated in the operating budget of the using department for fiscal 2002/2003. Recommendation: That the Board of County Commissioners award Bid # 02-3409 to 3D Sitework Corporation, Hughes Supply, Inc, and Metal Culverts, Inc. in the manner specified herein. Prepared by: '~/~"/L~'.~: ~/,~,~ ~ Date ,,'/,,/,, z Fred E. Blatet~ey / Purchasing Agent Reviewed and (..~...../~ ;~;~--~/~// Date Approved by: , ~.~.'V_~.~ ~ Stepheh Y.'dar~ll, Purchasing/General Services Director Reviewed and ~ Date Approved by: Jo-Anne Learner, Administrative Services Administrator AGENDA ITEM No. /~' SEP 2 200 . Pg-_, i .~ o~ zzz zzz zizi z zzz zzz zzz zzz z~ ~m o ~ z~z z~ ~ zz~ zzz zz~ z~zz ~zz ~ · .................... q ~ m o o o o 8 o o ~ '~ * o o o o o ~ o o AGENDA ITE~ ~ ~ ~ ......... = :~ .... ~ '~ ~ ~' '~ SEP 2 ~ ~OOZ EXECUTIVE SUMMARY APPROVAL OF AN AMENDMENT TO THE CONTRACT BETVVEEN COLLIER COUNTY AND INSURANCE AND RISK MANAGEMENT SERVICES, INC. FOR THE PLACEMENT OF NATIONAL FLOOD INSURANCE AND BUILDER'S RISK INSURANCE POLICIES. OBJECTIVE: To receive approval of an amendment to the contract between Collier County and Insurance and Risk Management Services, Inc. allowing for the acceptance of commissions on National Flood Insurance policies placed on behalf of the County and a revision to the fee schedule which recognizes additional work performed in the placement of Builder's Risk Insurance policies on behalf of the County. CONSIDERATION: On July 31st, 2002 staff presented an agenda item wherein approval was sought to allow IRMS, the County's contracted Property and Casualty insurance broker to accept commissions on National Flood Insurance policies placed on the County's behalf and to allow for an increase in the fee paid to IRMS for the placement of Builder's Risk Insurance policies on the County's behalf. The Board agreed to amend the contract to allow for the acceptance of commissions on Flood Insurance but directed staff to negotiate a flat fee increase for work performed in the placement of Builder's Risk Insurance policies. Staff met with IRMS and conveyed the Board's direction. IRMS agreed to accept a flat fee to place Builder's Risk insurance. It is estimated that approximately 12 to 15 Builders Risk policies will be placed per year at an average workload of 8 hours per policy. At an hourly rate of $150 per hour, the cost would be $14,400 per year at 12 policies placed. IRMS has agreed to accept a flat fee of $1,250 per month ($15,000 per year) to procure Builder's Risk Insurance on the County's behalf. This fee is commensurate with the expected workload to be performed and is also commensurate with the direction of the Board. Therefore, a contract amendment was prepared and approved by IRMS and the County Attorney's Office which allows for the acceptance of commissions on National Flood policies and incorporates a $1,250 increase in the flat monthly fee. The effective date of the Amendment to Contract is August 1,2002. FISCAL IMPACT: The fees paid to IRMS for calendar year 2003 will be $104,996 and anticipates a full bidding of the program. Funds are budgeted within Fund 516, Property and Casualty Insurance, for this purpose. GROVVTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. N o SEP 2 ZOOZ Pg. / RECOMMENDATION: That the Board approve an Amendment to Contract with IRMS effective August 1,2002, authorizing the acceptance of commissions on National Flood Insurance policies and a revision to the fee schedule for the placement of Builder's Risk Insurance policies, authorizing the Chairman to execute the agreement. ~/~al--~r, CPCU, ARM, Director, Risk Management APPROVED BY: v/~ Date: JoAnne Varcoe-Leamer, Administrator Administrative Services Division AGENDA ITEM ...... No. /(. :'~ ~ SEP 2 2002. Pg. 2.- AMENDMENT TO CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COMMISSIONERS INSURANCE AND RISK MANAGEMENT SERVICES, INC. This AMENDMENT TO CONTRACT effective August 1, 2002 is entered into this day of ,2002, by and between Collier County Board of Commissioners, Collier County, Florida (the "COUNTY") and Insurance and Risk Management Services, Inc., a Florida Corporation. (the "CONTRACTOR"). WITNESSETH WHEREAS, the COUNTY and CONTRAC:.T~R did on October l, 1999 execute and deliver a "Property and Casualty Insurance Brokerage Services" Agreement (the "Agreement"); and, WHEREAS, the COUNTY and CONTRACTOR desire to amend the Agreement pursuant to the terms of this Amendment; and WHEREAS, the COUNTY approved by motion and majority vote in public session to agree to amend/he agreement regarding fees and commissions; and, WHEREAS, the COUNTY desires the services of the CONTRACTOR to perform Property and Casualty Brokerage Services; and WHEREAS, the CONTRACTOR represents that it is capable of providing the services required by the COUNTY. Now Therefore, in consideration of the mutual promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do agree to amend the agreement as follows: 1. CONTRACT TERM AND TERMINATION. Unless extended or terminated, the period of performance of this CONTRACT shall commence on August 1, 2002 and continue for a period of twenty-nine months, terminating on December 31, 2004. The COUNTY may, at its option, renew this CONTRACT for two (2) additional one-year periods. The COUNTY may terminate this contract by providing 60 days written notice to the CONTRACTOR of such intent to terminate. The CONTRACTOR may terminate this CONTRACT for any reason by providing 90 days written notice to the COUNTY of its intent to terminate the agreement. AGENDA IT EfvU-) ---- No. SEP 2 q 2002 1 pg.__ 2. FEES. As full consideration for providing the goods and services required by this CONTRACT, the COUNTY shall pay the CONTRACTOR the mounts shown in the FEE SCHEDULE hereinafter stated in this AMENDMENT TO CONTRACT. It is agreed between the COUNTY and the CONTRACTOR that the scheduled fee shall be billed on a monthly installment for the term of the Agreement be~nnirtg with the first payment payable on August 1, 2002. All insurance coverages purchased by the COUNTY under this CONTRACT shall be purchased net of commission except as allowed in this AMENDMENT TO CONTRACT and the CONTRACTOR shall not accept a commission unless an insurance company has a legal requirement to pay the CONTRACTOR a commission for a line or lines of insurance purchased by the COUNTY. I/that situation occurs, the CONTRACTOR shall accept the smallest amount of commission available from the insurance company and shall fully disclose the amount of commission to the COUNTY. If. an insurance company pays a commission to the CONTRACTOR,. the'p.~s agree that the scheduled fee shall be reduced by the amount of the commission p~.id to the CONTRACTOR. The CONTRACTOR shall be required to provide either annually or on a scheduled payment basis, an appropriate commission statement as proof that commissions were not paid. The acceptance of a commission that is not in compliance with the provisions of this paragraph shall be considered a violation of the agreement and may be grounds for termination of this CONTRACT. The CONTRACTOR shall be permitted to accept commission payments on National Flood Insurance policies placed on behalf of the County and the acceptance of these commissions shall not be considered a violation of paragraph 2. FEES. This shall include all National Flood Insurance policies with commencement dates pr/or to and subsequent to the effective date of this AMENDMENT. Month 2002 2003 2004 January $2,916 $4,999 $4,999 February $2,916 $4,999 $4,999 March $2,916 $4,999 $4,999 . April $2,916 $4,999 $4,999 May $2,916 $4,999 $4,999 June $8,750 $12,500 $12,500 July $8,750 $12,500 $12,500 August $10,000 $12,500 $12,500 September $10,000 $12,500 $12,500 October $10,000 $12,500 $12,500 November $10,000 $12,500 $12,500 December $4,166 ' $4,999 $4,999 Totals $76,247 $104,996 $104,996 AGENDa, I-'~ No. SEP 4. SCOPE OF COVERAGES TO BE PROVIDED- The scope of coverages to included in this CONTRACT and serviced by the CONTRACTOR shall be as follows: Property Insurance (Including) Real and Personal Property Extra Expense Business Interruption Valuable Papers Crime Computer (EDP Hardware & Sof~are) Contractors Equipment Automobile Insurance (Including) Liability Physical Damage Uninsured Motorists Personal Injury Protection Medical Payments General L/ability Insurance Public Officials Liability Insurance Accidental Death & Dismemberment (Statutory) Boiler & Machinery Pubhc Officials Bonds , Difference In Conditions Flood Insurance and National Flood Insurance Environmental Impairment Liability (Pollution) La_.w_Enforcement Liability Workers' Compensation and Employer's Liabihty Insurance Workers' Compensation Claims Administration Services Workers' Compensation Managed Care Programs Property and Liability Claims Administration Services Safety and Loss Control Services Builder's Risk Medical Malpractice Insurance Other Property and Casualty Insurance Coverages as Requested All other provisions of the original CONTRACT, effective October 1 1999 remm a in fu~3ENDl ITEM force and effect. ' No.__ZcE SEP 2 The parties or their duly authorized representatives hereby execute this AMENDMENT TO CONTRACT on the date written above. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, CLERK BY: BY: Deputy Clerk JAMES COLETTA, CHAIRMAN APPROVED AS TO FORM AND LEGAL SUFFICIENCY: X~I,LIAM MOUNTFORD, A$SIS4~ANT ,- .5:. COUNTY ATTORNEY ' ' BY:WITNESSETH:4--~ ~h--t,~ \ ~¢.~/,...,~£~ ¥~ ~ C RIS CORPORATE SEAL: AGENDA ~...E~_.~. No. SEP 2 q Pg._ 4 EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO THE GROUP HEALTH AND LIFE PLAN IN THE AMOUNT OF $1,249,900 TO FUND CLAIMS PAYMENTS THROUGH SEPTEMBER 30, 2002. OBJECTIVE: To fund health insurance claims costs through September 30, 2002 through the approval of a budget amendment to Fund 517, Group Health and Life. CONSIDERATIONS: The Board of Commissioners offers a self-insured group health insurance program to provide health insurance to its eligible employees, their dependents and those of participating Constitutional Officers. The Board of Commissioners is required by Florida Statute 112.08 to complete an actuarial study as of September 30t~ each year to assure the proper funding of the plan. Staff has utilized the actuarial evaluations of the County's consultant, Willis Corporation, to project future plan costs for reserving, budgeting and rating purposes. An updated actuarial estimate of claims expenditures as of June 1, 2002 indicated that the claims costs were expected to be $12,550,100 in FY 02. However, actual claims expenditures have outpaced estimates. Claims expenditures through August 29th were $12,494,939. An updated actuarial estimate as of August 28th indicates that expected claims will be $13,800,000 through September 30, 2002. Willis undertook a study of the County's claims payments and determined that the reasons for this increase in cost is due to a significant dollar increase in the past 6 months for claims that were greater than $25,000. In addition, there have been a large number of catastrophic cases affecting plan costs. Therefore, a budget amendment of $1,249,900 is needed to fund claims expenditures. It is recommended that $600,000 be transferred from Fund 517 reserves and that $649,900 be transferred from Fund 518 Workers Compensation reserves for this purpose. In order to avoid a delay in the release of claims payments due to a potential funding insufficiency, it is requested that a budget amendment be approved to fund claims and expenses through September 30, 2002. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. FISCAL IMPACT: Funds are available in Fund 517, Group Health and Life reserves for this purpose and a transfer from Fund 518, Workers' Compensation will supplement the funding necessary to make claims payments. RECOMMENDATION: It is recommended that the Board approve budget amendments as described herein to fund Health Insurance program costs for the remainder of FY 02. PREPARED BY:~/_/Z"~ ..- DATE: ~/~c~'//~ Jet~5(ralker, CPCU, ARM, Director, Risk Management Department APPROVED BY: ~ DATE: ~//~,/'d) ~ Jo-Anne Varcoe-Leamer, Administrative Services Administrator / ' AGENDA iTEM No, /C ~ ~ SEP 2 h OO/- Pg. / EXECUTIVE SUMMARY RECOMMENDATION TO ADOPT THE 2003 FISCAL YEAR PAY AND CLASSIFICATION PLAN, PURSUANT TO §125.74(1)(H), Fla. Stat. OBJECTIVE: To adopt the Pay and Classification Plan for 2003 to be effective with the first pay period in Fiscal Year 2003 which is paid on October 10, 2002. CONSIDERATION: Collier County has been recognized as one of the fastest growing metropolitan areas in the country. Growth of this magnitude impacts all areas of the County, including its ability to attract and retain high quality employees. To attain this strategic objective, it is essential that base salaries and ranges remain competitive, which was achieved through the Pay and Classification study conducted in 2001. Through analysis of local market data, as well as our ability to attract the best candidates nationally, it has been determined that it is not necessary at this time to adjust the pay ranges in place for FY'03, rather we must continue to utilize the full range spread in our hiring practices as well as when offering promotional opportunities. We must also consider the issue of longevity and recognize that from time to time it is -'-' necessary to pay "above the maximum" of the range associated with a given classification in order to maintain an individual who possess skills and knowledge that are essential to the operation of the County. This would be achieved by paying employees in the form of a "bonus" over 26 pay periods that sunsets (or is eliminated) at the end of each fiscal year. The classification and pay plan is part of this Executive Summary and is identified as 'Exhibit A'. FISCAL IMPACT: The results of these actions would have a fiscal impact to the county for minimum salary adjustments and would allow for movement within the range consistent with CMA 5341, Compensation Administration. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this action. i SEP 2 ~ tOO?_ RECOMMENDATION: That the Board of County Commissioners adopt the attached FY 2003 Pay and Classification Plan, continue paying employees who are "above the maximum" of the range in the form of a bonus paid over 26 pay periods and direct the County Manager to implement and administer this program as stated per CMA 5341, Compensation Administration. SUBMITTED BY~_.~teVe EnglertT'~-_ Interim Compensation Manager Human Resources Department _ DATE: Jean Merri~ Interim Human Resources Director APPROVED BY: DATE: JoAnne Leamer ASD Administrator --' APPROVED BY: ~" ~'~ ~ DATE: LeO~chs ~g Deputy County er ,,~r_N.L)~ t~ EM,, S EP 2 ~ 2.002 COLLIER' COUNTY PAY PLAN '03 - FINAL 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 VETERINARIAN 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 42,669 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 ~.~,.. ITEM No. SEP 2 2.00 . FINAL PAY PLAN '03 COLLIER COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN MDPT MAX 14 ANIMAL CONTROL OFFICER 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 ASST REUSE COORDINATOR 27,686 37,376 47,066 CREW LEADER, SENIOR 29,070 39,245 49,420 EMERGENCY MANAGEMENT TECHNICIAN 29,070 39,245 49,420 EMS SUPPLY CENTER SPECIALIST 29,070 39,245 49,420 FEMA COORDINATOR 29,070 39,245 49,420 HEAVY EQUIPMENT OPERATOR 29,070 39,245 49,420 HUD GRANTS ANALYST 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 ODOR CONTROL SPECIALIST 29,070 39,245 49,420 PARTS MANAGER 29,070 39,245 49,420 PLANNING TECHNICIAN 29,070 39,245 49,420 RISK 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 CODE ENFORCEMENT INVESTIGATOR, 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 GIS TECHNICIAN 30,524 41,207 51,890 INSTRUMENTATION/ELECTRiCAL TECHNICIAN 30,524 41,207 51,890 LIBRARY OPERATIONS COORDINATOR 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 61,890 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 HOUSING OUTREACH COORDINATOR 32,050 42,466 52,882 HRIS COORDINATOR 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 OPERATIONS SUPERVISOR 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 SEP 2 2002 FINAL PAY PLAN '03 ~;g._ q . COLLIER COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN MDPT MAX 18 ASSISTANT MUSEUM MANAGER 33,653 44,590 55,527 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 EDITOR/VIDEOGRAPHER 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 CADD TECHNICIAN 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 HRIS ANALYST 35,726 47,336 58,947 HUMAN RESOURCES GENERALIST 35,726 47,336 58,947 iMPACT FEE ANALYST 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 REAL ESTATE APPRAISER 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 SUPERVISOR, LANDFILL OPERATIONS 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 TRAINING COORDINATOR 35,726 47,336 58,947 ~-'" SEP 2 q 2002 FINAL PAY PLAN '03 COLLIER COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN MDPT MAX 37,474 49,653 61,833 20 ACCOUNTANT, SENIOR 37,474 49,653 61,833 CONTRACTS AGENT ECONOMIC DEVELOPMENT MANAGER 37,474 49,653 61,833 37,474 49,653 61,833 FLEET MAINTENANCE SUPERVISOR 37,474 49,653 61,833 HUD GRANT COORDINATOR 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 PROPERTY MANAGEMENT SPECIALIST, SR 37,474 49,653 61,833 37,474 49,653 61,833 REAL ESTATE APPRAISER 37,474 49,653 61,833 RECYCLING COORDINATOR 37,474 49,653 61,833 REUSE COORDINATOR 37,474 49,653 61,833 SAFETY ENGINEER SUPERVISOR, ENGINEERING INSPECTIONS 37,474 49,653 61,833 WELLNESS COORDINATOR 37,474 49,653 61,833 21 APPLICATIONS ANALYST 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 39,348 52,137 64,925 ENVIRONMENTAL SPECIALIST, PRINCIPAL 39,348 52,137 64,925 EXTENSION AGENT, SENIOR 39,348 52,137 64,925 FLEET OPERATIONS SUPERVISOR 39,348 52,137 64,925 GIS ANALYST 39,348 52,137 64,925 IMPACT FEE COORDINATOR INTER-DEPARTMENT SUPERVISOR, IMMOKALEE 39,348 52,137 64,925 LANDSCAPE ARCHITECT 39,348 52,137 64,925 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 PUBLIC AFFAIRS OFFICER 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 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 URBAN DESIGN PLANNER 39,348 52,137 64,925 41,316 54,744 68,172 22 ACCOUNTING SUPERVISOR 41,316 54,744 68,172 CHIEF BUILDING INSPECTOR 41,316 54,744 68,172 EMPLOYMENT OPERATIONS MANAGER 41,316 54,744 68,172 ENGINEER ENVIRONMENTAL COMPLIANCE MANAGER 41,316 54,744 68,172 FIELD ENGINEERING INSPECTOR 41,316 54,744 68,172 GRANT DEVELOPMENT & MANAGEMENT COORDINATOR 41,316 54,744 68,172 COMPENSATION & BENEFITS MANAGER 41,316 64,744 68,172 HOUSING DEVELOPMENT MANAGER 41,316 64,744 68,172 HUD FEDERAL GRANTS MANAGER 41,316 54,744 68,172 LABOR RELATIONS MANAGER 41,316 54,744 68,172 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 AGEr,~D / SENIOR GIS PROGRAMMER ANALYST SIGNAL SYSTEMS NETWORK ENGINEER 41,316 54,744 68,172 41,316 54,744 68,172 No_ /(~..~ SUPV, EMPLOYMENT OPERATIONS 41,316 54,744 68,172 WASTERWATER RECYCLING MANAGER S EP 2 z FINAL PAY PLAN '03 p~.__ ~,. COLLIER'COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN MDPT MAX 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 LEAD GIS PROGRAMMER ANALYST 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 24 AIRPORT MANAGER 45,552 60,356 75,161 DATABASE ADMINISTRATOR 45,552 60,356 75,161 ELECTRICAL / SCADA MANAGER 45,552 60,356 75,161 ENGINEER, SENIOR 45,552 60,356 75,161 FINANCIAL MANAGER, AIRPORT 45,552 60,356 75,161 HUI PROGRAM MANAGER 45,552 60,356 75,161 MANAGER, COMPUTER SUPPORT 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 SECURITY CHIEF 45,552 60,356 75,161 25 EMS ADMINISTRATIVE CAPTAIN 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, RIGHT OF WAY 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 SR. CONTRACTS CONS., TRANSPORTATION 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 FACILITIES 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 TOURISM MANAGER 50,221 66,542 82,864 27 CHIEF PILOT 52,731 69,869 87,006 PROJECT MANAGER, PRINCIPAL 52,731 69,869 87,006 28 MANAGER. PROPERTY ACQUISiTION/CONST MGT 55,369 73,363 91,358 SHELTER VETERINARIAN 55,369 73,363 91,358 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 AGENDA ITEM. .-~-- FIRE CHIEF 58,137 77,032 95,926 No, //_. ~- ¢ SEP 2 2.002. FINAL PAY PLAN'03 Pg-__ ~ , COLLIER COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN MDPT MAX 30 DIRECTOR, BUILDING REVIEW & PERMITTING 61,105 80,964 100,823 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 61,105 80,964 100,823 DIRECTOR, POLLUTION CONTROL DIRECTOR, PURCHASING/GENERAL SERVICES 61,105 80,964 100,823 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 80,964 100,823 DIRECTOR, UTILITIES FINANCE OPERATION 61,105 80,964 100,823 EMS FIELD CAPTAIN 64,160 85,012 105,865 31 DIRECTOR, EMPLOYEE SERVICES 64,160 85,012 105,865 DIRECTOR, FACILITIES MANAGEMENT 64,160 85,012 105,865 DIRECTOR, INFORMATION TECH 64,160 85,012 105,865 DIRECTOR, LIBRARY DIRECTOR, MANAGEMENT AND BUDGET 64,160 85,012 105,865 DIRECTOR, PARKS & RECREATION 64,160 85,012 105,865 64,160 85,012 105,865 DIRECTOR, TRANSPORTATION 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 32 EMS COMMANDER 67,368 89,263 111,158 70,736 93,726 116,715 33 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 AGENDA ITEM _ No SEP 2 2002 FINAL PAY PLAN '03 F~.__. ~ COLLIER COUNTY PAY PLAN '03 - FINAL GRADE TITLE MIN M DPT MAX EMERGENCY MEDICAL and FIRE SERVICES 300 EMEGENCY MEDICAL TECHNICIAN - EMT (Full Time Salary) 24,974 32,467 39,960 28,506 37,057 45,609 301 FIREFIGHTER 34,648 45,042 56,900 306 FIRE LIEUTENANT 30,406 39,528 48,650 311 PARAMEDIC 316 EMS LIEUTENANT (112 Hours Bi-Weekly) 36,958 48.046 59,134 317 EMS LIEUTENANT II (80 Hours Bi. Weekly) 36,958 48,046 59,134 321 HELICOPTER PILOT 43,930 57,109 70,289 25 EMS ADMINISTRATIVE CAPTAIN 47,877 63,438 78,998 52,731 69,869 87.006 27 CHIEF PILOT 58,137 77,032 95,926 29 FIRE CHIEF 30 EMS FIELD CAPTAINS 61,105 80,964 100,823 32 EMS COMMANDERS 67,368 89,263 111,158 SEP 2 Fg-~ FINAL PAY PLAN '03 OFFICE OF THE COUNTY MANAGER ADMINISTRATIVE PROCEDURE CMA Instruction 5341 Effective Date: May 21, 1999 (Revised: November 4, 2000; October 1, 2001) SUBJECT: Compensation Administration PURPOSE: The purpose of this Instruction is to provide for the implementation of a uniform Compensation Administration practice authorized by the County Manager. CONCEPT: It is the policy of the County to establish and administer a system of compensation based on external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation. This system shall be utilized to contribute to an environment conducive to employee motivation and productivity. A. Responsibilities 1. The Human Resources Department is responsible for the following: a) Recommending compensation systems, policies and procedures to the County Manager and, as appropriate, the Board, and ensuring adherence to those implemented. b) Developing, maintaining and revising job descriptions as a component for compensation decisions. c)Providing compensation administration reports and data needed for program review and control. d)Reviewing and providing recommendations for revising pay rates, pay structures and practices at least annually to ensure effective recruitment and retention. e) Ensuring compliance with wage and hour laws and regulations. Consulting with employees, supervisors and management on compensation administration issues. g) Maintaining the pay plan schedule of salary grades for each classification title consisting of hourly, biweekly, and annual rates for the minimum and maximum of the salary ranges. 2. The operating managers and supervisors have responsibility for: a) Ensuring that approved compensation administration policies, programs and procedures are consistently followed in all divisions, departments and sections of the County. b) Reviewing job descriptions and ensuring the Human Resources Director is informed of all new and changed jobs in order to analyze, audit and establish appropriate classifications. c) Recommending revisions to compensation administration policies, pr~ cedurehGE' I and practices to the Human Resources Director when deficiencies are ident fled. No. , ,, ~ SEP 2 pg._ /~> Administrative Procedure Compensation Administration Page 2 of 9 B. Components 1. Salary ranges shall be established as a part of the Classification/Pay Plan. They will include a salary grade and the minimum/maximum, for salary administration. 2. Administrative guides will be developed and implemented based on local, state and federal law, and effective management principles. C. Amendments Revised salary ranges will be considered by the Human Resources Director in conjunction with studies indicating revisions to the classification and pay plan, adjustments in internal equity or external competitiveness. D. Salary Administration Guidelines 1. Appointments a) New employees will be placed appropriately within the salary range established for their classification based upon their prior experience and skill level. Recommendations for offers above the minimum but not exceeding the maximum of the salary range, may be approved by the Division Administrator and Human Resources Director with proper justification. Such justification may include, but is not limited to, external competitiveness, internal equity, difficulty in filling the position, or qualifications exceeding the classification's minimum requirements. 2. Special Pay Adjustments a) Special pay adjustments may be utilized to justify a pay increase not provided for elsewhere under these rules. Such special pay adjustment requests must meet at least one of the following requirements in order to be recommended for approval. Special pay adjustments must be authorized by the Division Administrator and submitted to the Human Resources Director for approval. 1. Additional permanent responsibilities not required in the employee's current job classification. 2. Significant increase in the employee's span of control. (i.e. number of subordinates increases or locales or sections under their jurisdiction increases.) 3. Serious inequity in internal and/or external professional comparability. 4. Attainment of certain professional or technical certifications or licenses (i.e., attainment of a Florida water/wastewater operator license or regionally sanctioned building inspection certification). This would not automatically extend to those employees who receive a college degree, workshop or seminar certificate. 5. Exceptional or unusual conditions associated with an employee's job classification. b)No employee may be granted such a special pay adjustment more than once during any fiscal year. c) Any such adjustment shall not exceed the maximum salary established for the job classification. 3. General Wage and Pay Plan Adjustments No. SEP 2 2.002 Administrative Procedure Compensation Administration Page 3 of 9 The County Manager may propose a general wage and/or pay plan adjustment as part of the budget approved by the Board of County Commissioners. Such adjustments (Pay Plan Maintenance costs) would be consistent with the specific needs of the compensation plan at that time and proposed by the Human Resources Director to the County Manager. a)Employees shall maintain the same salary relationship to the minimum of the salary range that existed prior to the pay plan adjustment. b) The County Manager may approve exceptions to 3(a) above. 4. Merit Pay Merit increases will be distributed as determined by the County Manager and updated annually by way of CAA Administrative Notice. 5. Acting Assignment/Temporary Additional Duties An employee who is requested to perform work in a higher classification on a temporary basis or for taking on an additional workload for less than three weeks (less than 15 shift days for EMS employees) shall do so with no increase in pay. Should the temporary assignment be expected to exceed three weeks (more than 15 shift days for EMS employees), the employee shall be granted an adjustment in pay up to 10 percent (10%) above his/her regular rate of pay or the base salary of the acting position, whichever is greater. This adjustment shall be retroactive to the beginning of the temporary assignment. Upon completion of the temporary assignment, the employee's pay will return to the former rate. 6. Promotion A promotion occurs as a result of a competitive process for a vacant position with a higher pay grade. Upon promotion to a classification with a higher pay grade, the employee shall receive up to a 10 percent (10%) pay increase or the base salary of the new position unless such increase would exceed the maximum salary of the range for the class. Pay increases in excess of that stated in this paragraph require approval of the Human Resources Director. Promotions will change the employee's performance review date to the effective date of the promotion. 7. Demotion a) An employee may be demoted to a position with a lower pay grade for, but not limited to, any of the following reasons; when an employee would otherwise be laid off because the position is being abolished; the position is being reclassified to a higher grade and the employee is not qualified to continue in the position at a higher grade; lack of work; lack of funds; the return to work from an authorized leave of another employee to such a position in accordance with the rules on leave; when an employee does not possess the necessary qualifications to render satisfactory service in the position held; as a result of reorganization; a promoted employee is not successfully performing the duties of the new position; and when an employee voluntarily requests such demotion. b) The pay of an employee demoted to a classification having a lower pay grade than his/her present classification shall be based upon the following: -- AGENDA- 1. Pay will not exceed the maximum salary of the pay grade designated For th$O,_ '4 lower position. SEP 2 q pg.~ /z. Administrative Procedure Compensation Administration Page 4 of 9 2. Employees being demoted to their former position may receive the same salary they had before the promotion. Any salary range adjustment, general wage adjustment or merit increase granted while the employee served in the higher position will be added to the salary. 3. The Human Resources Director will recommend a salary based on the reason for the demotion, employee's length of service, salaries of other employees in the same job classification and the same department, relative position in the pay grade and pay increases granted by the County since the employee's hire date. c) Demotions shall change the employee's performance review date to the effective date of the demotion. 8. Transfers a) An employee may be transferred to another department with the same job classification or to a different job classification having the same pay grade as the employee's present classification. A transfer will not change the employee's salary, or pay grade. b) Transfers will change the employee's performance review date to the effective date of the transfer. 9. Reassignments The County Manager or Division Administrator may re-assign an employee to meet the operational needs of the organization. The reassignment may be permanent or temporary depending upon the particular circumstances. Any impact on pay will be determined in accordance with the Compensation Administration Instruction # 5341 of the Human Resources Practices and Procedures portion of the Administrative Code. 10. Reclassifications a) Employees who are reclassified to a higher level classification may receive an increase of up to ten percent (10%) over their current salary or receive an increase to the base of the new classification, whichever is greater. If the current salary is within the range of the new classification, the salary may or may not change. b) Reclassifications to a lower salary grade will result in no change in an employee's salary unless the employee's salary exceeds the maximum salary established for the new classification. In such cases, the employee's base salary shall be adjusted to the maximum salary of the new classification. c)Employees who are reclassified, shall have their performance appraisal date changed to the effective date of the reclassification. 11. Flexible Staffing a) Specific series classifications containing an entry and journey level position will be designated positions eligible for flexible staffing. Positions at the "II" or journey level and performing full journey level work will be filled at the 'T' or entry level when they become vacant, unless the needs of the County require that the position be filled at the journey level. The distinction between the "I" level and the "Il" level is based upon the degree of responsibility that an incumbent is expected to assu~e~ A~' . rather than on the types of duties assigned. After gaining the experience ~nd ~END knowledge to perform the full range of journey level tasks and fulfilling any spe~ iai No._ /c; SEP 2' Administrative Procedure Compensation Administration Page 5 of 9 requirements for the "II" level, the employee may progress to the "lI" level at the discretion of the department. b) A pay increase of up to 10% or to the base of the journey-level position, whichever is greater, shall be applied to all flexible staffing movements from a 'T' to a "Il". c) A list identifying the pre-defined flexible staffing positions and the minimum criteria for movement will be maintained by the Human Resources Director. Additional criteria shall be established and monitored by the departments and must be reviewed and approved by the Human Resources Director. d)Employees who are flexed, shall have their performance appraisal date changed to the effective date of the flex staffing. 12. Overtime payment is governed by provisions of the Federal Fair Labor Standards Act. a) Collier County employees may be called upon and required to work overtime if, in the opinion of the supervisor, it is necessary to meet the demands of the job being performed. b) Except for emergency situations, ali overtime work must be approved in advance by the Department Director. Overtime work may be requested for, but is not necessarily limited to, the following circumstances: 1. An accumulation of work due to unexpected and/or excessive absenteeism. 2. An increase in the normal work load for short and unexpected periods of time, such as the completion of a specific program or project. c) Any non-productive time off, such as sick leave, holidays not worked, jury duty, personal leave, funeral leave, or any other non-productive time, paid or unpaid, shall not be counted as time worked in calculating overtime pay. When a holiday is worked, the holiday pay will only be counted for overtime purposes if the holiday falls during the employee's regularly scheduled work week. Holiday pay itself is only paid at straight time. Vacation and call-back hours are counted as time worked (productive time) in computing overtime pay. d)Non. exempt shift employees within the Emergency Services Division will receive their regular rate of pay at straight time if they work a holiday. e)Employees who, without a legitimate excuse, refuse to work overtime ma3' be subject to disciplinary action. f) Overtime pay categories An empl6yee's eligibility for overtime pay is determined by the employee's job classification and its classification as either non-exempt or exempt in the current pay plan. 1. Employees Eligible for Overtime Pay: Non-Exempt Employees a) Employees in office, secretarial, trades, and technical positions are generally considered "non--exempt" positions under the Fair Labor Standards Act. These employees on the 40 hour workweek will receive overtime at the time-and-one-half rate for all hours worked in excess of 40 hours. For purposes of overtime pay computation, time w~ cked~wit~,~ rounded off to the nearest 15 minute interval. No ____Z_G-~ .SE? 2 20{32, Pg.__/_/__~__-~ Administrative Procedure Compensation Administration Page 6 of 9 b) Non-exempt fire employees will be paid one and one half their regular straight time rate for all hours worked in excess of 159 hours in the 2 l-day pay cycle. 2. Employees Not Eligible for Overtime Pay: Exempt Employees a) Professional, executive and administrative employees are considered "exempt" employees and do not receive overtime pay. Employees in these classifications are required to work such schedules as are necessary to accomplish their assigned responsibilities. b) The majority of these positions will normally require a 40 hour week, but when more hours are required, overtime pay is not applicable. 13. Compensatory Time a) For non-exempt employees, if payment of overtime creates a hardship for the department, compensatory time may be given at the rate of time and one-half with the approval of the Department Director and the Division Administrator. The Depariment Director or designee shall notify the employee before overtime work commences that compensatory time will be provided in lieu of monetary overtime compensation. Accumulated compensatory time will be paid out at the rate of time and one-half to non-exempt employees if unused at the end of the calendar year. The County Manager may approve exceptions to this provision based on the operational needs of the department and/or nature of the employee's position. Unused compensatory time will be paid out to non-exempt employees upon separation at the rate of time and one-half. b) Because exempt employees do not receive overtime pay, they may be given compensatory leave time with the approval of the Department Director or Division Administrator. Exempt employees are expected to be reasonable in their use of compensatory time and may not demand compensatory time as a matter of right. Professional employees may receive compensatory time off on an hour for hour basis. Department Directors, Section Heads, Division Administrators and other executive employees may be eligible for compensatory time off, but not on an assured hour for hour basis. The County Manager or designee may approve compensatory time for these employees. Exempt employees will not be paid for accumulated compensatory time. Any unused compensatory balances will not be carried forward if not used by the end of the calendar year. c) All compensatory time must be documented on a "Compensatory Time Record". It shall be the responsibility of the Department Director and/or the Division Administrator to maintain complete compensatory records on all employees and to accurately record dates and hours of overtime worked and the date(s) compensatory time is taken. Such information must be attached to the payroll time sheet of the pay period in which the overtime was paid or the compensatory time was taken. d) Exempt and non-exempt employees may accrue up to 240 hours of compensatory time. Firefighters, EMTs and Paramedics may accrue up to 480 hours of compensatory time. e) Requests for compensatory time must be submitted in writing on the Rec uest for Leave form and must be approved by the Department Director and/or th~ DiVig-~i~A ITEM Administrator. No. /r.. fi" ~ SEP 2 4 200', pg.__ /f'" Administrative Procedure Compensation Administration Page 7 of 9 f) The County Manager, Division Administrator, Department Director, or designee, may require an employee to use accrued compensatory time at any time. g) The County Manager may approve exceptions to the Compensatory Time procedure on a case-by-case basis. 14. Call Back Pay a) Non-exempt employees who are called back to return to work after completion of their regularly scheduled work day but prior to their next regularly scheduled workday will be compensated for two hours or for the actual time worked, whichever is greater. b) If hours worked by a non-exempt employee including call back hours, exceed forty (40) hours, then all hours in excess of forty (40) hours will be paid at the rate of time and one half. c) Non-exempt fire employees will be paid one and one-half their regular straight time rate for all hours worked in excess of 159 hours in the 2 i-day pay cycle. 15. Rest Period a) Employees in non-exempt classifications as specified in the pay plan (excluding Emergency Services Division) required to work overtime or on call-out at any time prior to the three-hour period immediately preceding their next regularly scheduled work shift shall be entitled to an eight-hour rest period before reporting to their next regularly scheduled work shift. b) If the eight-hour rest period extends into the employee's next regularly scheduled work shift and the employee does not work, then the employee will receive pay during the work shift at the regular rate until the rest period is satisfied. c) Employees required to report to work before the eight-hour rest period is satisfied will be paid at time and one half for all hours worked during the regularly scheduled work shift until an eight-hour rest period is provided. It is the supervisor's discretion whether to call an employee back to work prior to satisfaction of the rest period. d) If an employee works for a continuous twenty-four hour period, the County will provide a ten-hour rest period, with eight hours paid at regular rate and two hours not paid. 16. On-call Pay a) Non-exempt employees placed on-call after normal duty hours will earn two (2) hours pay at the straight time rate. On-call hours beyond 24 hours will be compensated at one (1) hour of the straight time rate for each 12 hours, plus pay for all hours actually worked. The two hours on-call pay shall apply to weekdays not otherwise scheduled to work, weekends and holidays. Employees on-call are not subject to the call back provisions for a two-hour minimum mentioned in 14a above. They are paid for the actual time if they are called back in to work. AG. b) Employees on-call are required to have a telephone and/or a beeper supplie~ by tt~o. County. At any time the employee leaves home, he/she must have the s ~pplied SEP pg._ Administrative Procedure Compensation Administration Page 8 of 9 beeper on their person and be ready to immediately report to the required work location. The County reserves the right to assign employees to on-call if there are not sufficient qualified volunteers. In the alternative, at the option of management, the County may assign qualified employees to on-call on a rotating basis. c) Employees who are supplied beepers for emergency notice, will receive additional compensation only when they are scheduled for on-call activity or called back to duty. 17. Shift Differential a) It is the policy of the County to provide a pay differential for selected non-exempt classifications who work evenings and/or midnight shifts. The Human Resources Director shall designate the classifications eligible for shift differential. b) Employees in non-exempt classifications as specified in the pay plan (exclUding the Emergency Services Division) shall receive a $.70 an hour pay differential above their regular hourly rate when their work shift starts at or after 3:00 P.M. and ends on or before midnight ("afternoon shift") and a $1.10 an hour pay differential above their regular hourly rate when their work shift starts at or after midnight and ends on or before 8:00 A.M. ("midnight shift"). Employees whose work shift falls within both the afternoon and midnight shift parameters will be paid differential for the actual hours worked in the respective shifts. "-- c) There shall be no pay differential for working the day shift on weekends. d) Shift differential shall be included in computing overtime pay. e) Part-time employees are not eligible for shift differential. 13 Shift differential may be paid to those employees whose regular schedules do not include shift work but are called in to work during these shifts. CURRENCY: The Human Resources Department is responsible for maintaining the currency of this Instruction. REFERENCE: Collier County Personnel Ordinance, Ordinance No. 2002- 50: Compensation Administration: It is the policy of the County to establish and administer a system of compensation based on external competitiveness, internal equity, relative complexity and responsibility between classifications, market economic conditions, County financial policies and appropriate federal, state and local laws pertaining to compensation. This system shall be utilized to contribute to an environment conductive to employee motivation and productivity. AGENDA No. THOMAS W. OLLIFF County Manager SEP ADMINISTRATIVE GUIDE FOR FY 2003 COMPENSATION PLAN This is the Administrative Guide that is referred to in Section B., 2. of CMA Instruction 5341 1. PHILOSOPHY The philosophy of Collier County Government is to implement and maintain a state-of-the-art compensation plan that other public sector employers strive to model. This plan will enable the County to recruit and retain the most knowledgeable and skilled employees available, which in turn will assist in providing an ongoing level of service to the customers of Collier County that exceeds expectations. By implementing and maintaining this state-of-the-art compensation plan Collier County will continue to be moving towards the vision of having the best possible employees, which produce high quality results, are creative and proactive, fiscally responsible and driven by community needs. 2. GENERAL WAGE ADJUSTMENT We recommend that the County continue with a cost of living adjustment (COLA) across the board equivalent to 2.1% of base salary. 2.1% is based upon the December 2001 percentage change in the consumer price index for the Miami-Fort Lauderdale all urban consumers and urban wage earners and clerical workers. Last year's COLA was 2.9% of base salary. 3. PAY PLAN MAINTENANCE We recommend that the County budget $100,000 for pay plan maintenance which is approximately one-third (1/3) of the cost incurred this past year to adjust all of the pay ranges within the classification hierarchy. The midpoint of the salary ranges for Collier County will be maintained at five percent (5%) above the market weighted average salary. These salary ranges will be measured against salary survey data to ensure that we are maintaining this ranking. This survey data will be obtained from the annual Florida Public Personnel Association's annual salary survey and other industry specific surveys in which our benchmark Counties participate. Our benchmark group includes, but is not limited to, Aiachua, Lee, Manatee, Martin and Sarasota Counties. On an annual basis one-third (1/3) of all positions will be surveyed. When a position is five percent (5%) or more below the five percent (5%) above the benchmark group's weighted average salary, the grade for that position will be adjusted. Employees will remain relative within the new range when these adjustments are made. It should be noted that although the County's goal is to maintain the midpoint of the salary ranges at five percent (5%) above the market weighted average salary - that is not where the vast majority of our employees are being compensated. In fact, 76% of all County employees are currently being paid below the mid-point of their salary range, this means they are being paid anywhere from 0% to 30% below market. AGENDA"~ SEP 2 20u pg.__ / ,,c,) ADMINISTRATIVE GUIDE FOR FY 2003 COMPENSATION PLAN Page 2 4. MERIT We recommend that the County continue its practice of giving merit increases based upon individual employee performance evaluation scores. It is recommended that 3.48% to 1.50% of total salary expense be budgeted for merit increases. Last year, 1.5% of total salary expense was budgeted for merit. These merit funds would then be allocated as a percentage of the mid-point of the salary range for the individual positions. This allocation practice will bring individual employees in the lower half of the salary range up to the mid-point of the range in a more rapid manner and will slow the progression of the employees above mid-point of the range. An example of the proposed allocation method is attached as Exhibit A. This type of system is easy to understand at all levels of employment; easy to administer; represents a fair approach based on performance and position in range; and slows down movement through the range as an employee moves up. 5. BONUS PAYMENTS We recommend that the County continue its practice of giving merit and COLA adjustments to employees who have reached the maximum of their salary ranges in the form of Bonus payments over a one-year time period. These bonus payments are calculated on the maximum of the salary range and are paid out over 26 pay periods. There are currently 18 individuals affected by this scenario. We are also recommending the authorization of additional bonus payments for special achievements throughout the year by employees who are recognized the Division Administrator and agreed upon by the County Manager. These one-time per pay period bonus payments will be limited to $100 and will require written justification submitted through the Human Resources Department for consideration by the County Manager. 6. CAREER DEVELOPMENT PROGRAM We recommend that the cost of career development progression be budgeted at the Department level. A career development program was developed in FY 02 in response to issues raised by an Employee Climate Survey conducted by Gulf Coast University. The program includes: guided career self-assessment workshops, individual career counseling sessions, individual assessments, self-directed career planning, career guidance workshops for career coaches and a resource center for employees. As an adjunct to a new pay classification study, new competency matrices are being established for each job classification with intra classification progression steps and compensation identified. Employee's skills/aptitudes will be assessed against these competencies and career development plans created, outlining the achievements needed for our employees to meet their career goals. Implementation of this program is anticipated to take three (3) years. AGE~ .,~A ITEM No SEP 2 q 2002 EXHIBIT A MERIT INCREASE = PERCENTAGE (%) OF MID-POINT Description Percentages are applied to the midpoint of each range to determine a fiat dollar amount to be awarded for merit per performance standard (i.e. meets, exceeds, outstanding) rather than applying a percentage to the base salary of individual employees. The result is that merit increases will be the same dollar amount per performance standard, but represent will represent a different percentage of each employee's base salary depending on where the employee falls in the pay range. This type of system is: · easy to understand at all levels of employment. · easy to administer. · represents a fair approach based on performance and position in range. · slows down movement through the range as an employee moves up. Example Crew Leader Range 14 Minimum $27,686 Midpoint $37,376 Maximum $47,066 Employee A $28,000 annual salary Employee B $45,000 annual salary Needs Improvement Meets Standards Exceeds Standards Outstanding Merit % 0% 1.0% 3.0% 4.0% Merit $ $000 $373 $1,121 $1,495 Employee A $ $000 $373 $1,121 $1,495 Employee A % of 0% 1.3% 4.0% 5.3% Base Salary Employee B $ $000 $373 $1,121 $ 1,495 Employee B % of 0% 0.8% 2.5% 3.3% Base Salary · Both employees rate Exceeds Standards. · Merit as a percentage of employee A's salary = 4.0%. In comparison, 3.0% of base salary would have generated an $840 increase under last year's approach to merit allocation. A percentage of mid point results in $281 more merit for the employee performing at a high level, but paid in the lower third of the range. · Merit as a percentage of employee B's salary = 2.5%. In comparison, 3.0% of base salary would have generated a $1,350 increase under last year's approach to merit allocation. A percentage of mid point results in $229 less merit for the employee performing at a high level in the upper third of the range where this type of performance is expected. .No SEP 2 pg.__ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS AWARD BID #02-3372 FOR FULL SERVICE AUCTIONEER AGREEMENT ~ To obtain the services of an auctioneer to assist the County in the efficient disposal of surplus property. Considerations,'.. The Purchasing Department solicited proposals for a full service auctioneer to provide comprehensive auctioneer services to include preparation of the auction site, preparation for each event, sale and disposal of all surplus County-owned assets, and the transfer and disposition of all property titles. Each sale will be conducted pursuant to Section 274.06, Florida Statute. On August 15, 2002, formal invitations for proposals were sent to twenty seven (27) auction firms, with proposals being received and opened from two (2) firms. A Selection Committee approved by the County Manager met on September 3, 2002 and short-listed the firms as follows: 1. First Coast Auctioneers 2. Atkinson Realty and Auction Co. After a thorough review, discussion and ranking of the proposals, the Selection Committee, by consensus, wishes to recommend award of a contract to First Coast Auctioneers. All items scheduled for auction will be presented to the Board in an itemized list prior to each anticipated auction. All items sold, and their realized values will be reported in a subsequent report to the Board after each auction. Fiscal Impact,;. None associated directly with the recommended action. Net proceeds from each auction are credited to the appropriate fund accounts subsequent to each event. Growth Management Impact: None Recommendation: That the Boards of County Commissioners award RFP #02-3372 to First Coast Auctioneers for the disposal of all surplus items, and authorize the Chairman to sign the contract after review by the County Attorney. Prepared by: "~ ?,~ ,~.~Z~ Date ~/"/'~, F~d E. BlatCt~ley, Purq;~iasing Agent Reviewed and ~)~_/~'~ ~ A ~.i~/.f// Approved by: _.-.('..~?d'__~. 'Q ('/./) ' v~ Date St ~"~ h~'nVy. CarrOll, Purchasing/General Services Director Reviewed and ~EN,~ Approved by: v/~ Date ~//Z/g) 2..- Jo-Anne Leamer, - / ' No Administrative Services Administrator SEP 2 ZO0 Pg.__ / EXECUTIVE SUMMARY AWARD CONTRACTS # 01-3290 "FIXED TERM PROFESSIONAL ENGINEERING SERVICES" TO THE FOLLOWING FIRMS: Q. GRADY MINOR, HOLE MONTES. (ESTIMATED ANNUAL AMOUNT $1,000,000) OBJECTIVE: To receive Board approval for award of professional services contracts to the above firms order to provide professional Engineering services for multiple projects without issuing individual Requests for Proposal. CONSIDERATIONS: On June 25, 2002, the Board approved Agenda Item No. (16) (E) (2) ~uthorizing staff to~egin contract negotiations with the seven top ranked firms for professional Engineering Services for Collier County. Contract negotiations were successfully completed by staff for four of the seven firms. An Executive Summary was prepared and referenced the fact that the three remaining contracts would be submitted for approval at a later date pending successful completion of negotiations. The negotiations with Q. Grady Minor and Hole Montes have been successfully completed and the contracts have been finalized for signature. FISCAL IMPACT: The funding for each work order that is assigned under the approved contracts will com'~ from each user Department. GROWTH MANAGEMENT IMPACT: While these contracts have no direct growth management impact, they are consistent with the County's long-tern growth plans. RECOMMENDATION: That the Board of County Commissioners (1) award professional services agreement to Q. Grady Minor and Hole Montes and (2) authorize the Chairman of the Board to sign the standard, County Attorney approved agreements. SUBMITTED BY: '/-_d/~~~ Date: -K~sey V~'rd, Senior Purchasing & ~.ontracts Agent, Purchasing Department REVIEWED BY: .~j~t ('~ ' ~; ''~/ Date: -- Stev~ Carne~, Director Purchasing/General ~rvices Department APPROVED BY: J-~/~////¢//~'" Date:_ ~/,/ Jo-Anne Varcoe-Leamer, Administrative Services. Division Administrator APPROVED BY: . , james V. Mudd, County Manager AGENDA ITEM No. r SEP 2 2002 Pg..i EXECUTIVE SUMMARY RECOGNIZE AND APPROPRIATE $11,648. OF UNANTICIPATED REVENUE FROM A COMMUNICATIONS TOWER LEASE, AND APPROVE THE REQUIRED BUDGET AMENDMENT OBJECTIVE: To recognize and appropriate unanticipated revenue from a lease agreement for a communications tower on County owned property. CONSIDERATION: On May 22, 2001, the Board of County Commissioners approved a lease between the County and Omnipoint Holdings, Inc. for the placement of a communications tower on County-owned property located at the Golden Gate Public Safety Complex. A Supplemental Agreement between the County and the Golden Gate Fire Control and Rescue District was also approved as a part of the executive summary. Per the Supplemental Agreement, all revenue generated by the lease shall be shared with the Golden Gate Fire District receiving 56% of the revenue and Collier County receiving 44% of the revenue. The $11,648. represents the Golden Gate Fire District's share of the revenue and payment is due within forty-five (45) days of receipt by the County. FISCAL IMPACT: Revenue generated by the Lease Agreement was not included in the FY-02 budget. A budget amendment is necessary to appropriate the unanticipated FY-02 revenue of $11,648 in the General Fund (001) for payment to Golden Gate Fire District. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners recognize and appropriate $11,648. in unanticipated revenue from a communications tower lease and approve the required budget/.~endment Dm'~y ~/pfidron, Emergency Services APPROVED~~ .. Date:-~--~ ' -/z.-.O'z-' I~_nneth F. Pineau, Interim Emergency Services Administrator SEP 2 2OO2 EXECUTIVE SUMMARY APPROVE AN AMENDMENT TO THE CONTRACT BETWEEN THE COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AND THE SOUTHWEST FLORIDA PROFESSIONAL FIREFIGHTERS & PARAMEDICS, LOCAL 1826 IAFF FOR PROVIDING HEALTHCARE BENEFITS TO EMS PART-TIME EMPLOYEES. FUNDS ARE AVAILABLE IN FUND 490;EMERGENCY MEDICAL SERVICES AND WERE APPROVED BY THE BOARD OF COUNTY COMMISSIONERS FOR THE FY 02 BUDGET OBJECTIVE: Request the Board of County Commissioners approve an amendment to Article 21, Section 21.1 of the contract between the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters & Paramedics, IAFF Local 1826, to provide the same premium levels and payroll contribution requirements for all EMS employees, to including part-time, so they may be eligible to participate in the Collier County Group Benefit Option Plan. This amendment shall be retroactive to January 01,2002. CONSIDERATION: The current language of the contract does not include healthcare benefits for EMS part-time employees. Only full-time employees are referenced. The Board of County Commissioners recognized that these part-time employees commit to a schedule that makes outside full-time employment difficult, preventing them from securing healthcare benefits from additional employment. The part-time employees shall be subject to the same premium levels, payroll contribution requirements and future changes to the plan as are non-exempt employees and full time bargaining unit employees. FISCAL IMPACT: Funds are available in Fund 490; Emergency Medical Services and were approved by the Board of County Commissioners for the FY 02 Budget GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summery. RECOMMENDATION: The Board of County Commissioners approve the Memorandum of Understanding between Collier County and the Southwest Florida Professional Firefighters & Paramedics, IAFF 1826 to provide coverage of benefits to part-time employee~..__..~-'~ P ' Dan Bowm'-'g-~, Captain Emergency Medical Services Department SUBMITTED BY: Q,.¢(',4 ~,7-- Date: 5~}'i-. '~ JeG~,~, Director of Operations Emergen~y~A~~s Department ~ AGE N D~,,I,TF-..~ APPROVE Date: / z SEP 2 q 2002 ~e~eth F: e~nyau I~ Ad~trator, Emergency Se~ices Division p~. MEMORANDUM OF UNDERSTANDING It is hereby agreed upon by both the Collier County Board of County Commissioners and the Southwest Florida Professional Firefighters & Paramedics, IAFF local 1826, that for the purpose of providing healthcare benefits to EMS part time employees, Article 21, Section 21.1 - Coverage of Benefits of the Contract between the parties, shall be amended to read: ,dH bargaining unit employees shah be eligible to participate in the Collier County Group Benefit Option Plan subject to the terms and conditions of the Plan as adopted by the Board of County Commissioners and as may be amended by the Board of County Commissioners from time to time. Employees shah also be subject to the same premium levels and payroll contribution requirements as may be adopted by the Board of County Commissioners for non-represented, non-exempt employees. The parties agree that, if there is any change in benefits, premium levels, or payroll contribution requirements, those changes will be applicable to bargaining unit employees to the extent they are applicable to other non-exempt employees of the County. In exchange for the commitments in this paragraph, there will be no duty to bargain over the decision to change or the impact of a change during the term of this agreement. The County further agrees that Article 21, Section 21.1, as amended above, shall be retroactive to January 1, 2002. IN WITNESS WHEREOF, the parties hereto have caused this Memorandum of Understanding to be executed by their authorized representatives on the day and year written below. ATTEST: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Dwight E. Brock, CLERK By: Deputy Clerk James N. Coletta, CHAIRMAN Date: WITNESSES: SOUTHWEST FLORIDA PROFESSIONAL Approved as to form and legal Date: q- 4 o 07.,.- Michael W. Pettit Assistant County Attorney ' SEP 2 q 2002 EXECUTIVE SUMMARY ACCEPT AN AGREEMENT AND ADOPT A RESOLUTION AUTHORIZING COLLIER COUNTY, FLORIDA TO ACCEPT $105,806 FROM THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS FOR EMERGENCY MANAGEMENT PROGRAM ENHANCEMENT OBJECTIVE: That the Board of County Commissioners accept and approve Agreement #03BG-04-09-21-01-011 between the State of Florida Department of Community Affairs and Collier County for funds that would enhance emergency program activities within Collier County for FY 02-03. That the Board of County Commissioners adopt the attached Resolution indicating Board approval of the Agreement, authorizing the Chairman to execute and accept the Agreement with all understandings and assurances contained therein and to act in connection with the Agreement. CONSIDERATION: This is the tenth 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. This 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 02-03, 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 the sum of $2,610 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 during the original budget preparation for FY 02-03 in Fund 118, Emergency Management and Fire Grants. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact associated with this Executive Summary. AgE~IDa.~LT~J~ SEP 2 q 2002 RECOMMENDATION: That the Board of County Commissioners accept an Agreement #03BG-04-09-21-01-011 and adopt a Resolution authorizing Collier County, Florida to accept $105,806 from the Florida Department of Community Affairs for Emergency Management program enhancement. SUBMITTED BY: Darcy/'dJa~{on, Emergency Services /~~neau, n rim ServicesDate:Adminis~ator APPROVED B~ ~' .... , i-te'~ -:"-Emergency ,-'-.- AGENDAJIEM No, /t ~ 1~1 SEP 2 2002 Pg, , ~,~ Agreement Number: 03BG-04-09-21-01-011 CSFA Number: 5200S CFDA Number: 83.552 STATE AND FEDERALLY 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 "Recipient"). THIS AGREEMENT IS ENTERED INTO BASED ON THE FOLLOWING FACTS: A. WHEREAS, the Recipient represents that it is fully qualified and eligible to receive these grant funds to provide the services identified herein and agrees to comply with all the requirements of this Agreement and Rule Chapter 9G-19, Florida Administrative Code; and B. WHEREAS, the Department receives these grant funds from the State of Florida and the federal government, and has the authority to subgrant these funds to the Recipient upon the terms and conditions hereinafter set forth; and C. WHEREAS, the Department is authorized, pursuant to Section 252.373, Florida Statutes, and Rule Chapter 9G-19, Flor/da Adm/nistrative Code~ to disburse funds for emergency management grants to recipients. NOW, THEREFORE, the Department and the Recipient do mutually agree as follows: (1) BUDGET AND SCOPE OF WORK The Recipient shall fully perform the obligations in accordance with the Budget, Attachment A, and Scope of Work, Attachment B and B-l, of this Agreement. (2) EN'CORPORATION OF LAWS, RULES, REGULATIONS AND POLICIES Both the Recipient and the Department shall be governed by applicable State and Federal laws, rules and regulations, including but not limited to those identified in Attachment C. (3) PERIOD OF AGREEMENT This Agreement shall begin October 1, 2002 and shall end September 30, 2003, unless terminated earlier in accordance with the provisions of Paragraph (9) of this Agreement. All requests for reimbursement must be submitted within 30 days after the termination date of the Agreement. Any requests received after November I, 2003, may, in the discretion of the Department, not be reimbursed from this Agreement. Reimbursement requests shall not be submitted by facsimile transmission. ,, ~ 1 NO. //,. ~; 2_,M SEP 2 2002 (4) MODIFICATION OF CONTRACT~ REPAYMENTS 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 B. Changes to the amount of funding to be provided may be accomplished by notice from the Department to the Recipient, in the form of certified mail, return receipt requested. The Department may make an award of additional funds by subsequent Award Letter certified mail, return receipt requested, to the Recipient's contact identified in Paragraph (10), below. Should the Recipient determine it does not wish to accept the award of additional funds, then the Recipient shall provide notice to the Department contact within thirty (30) days of receipt of the Award Letter. Otherwise, the Recipient shall provide to the Department its written notice of acceptance within forty-five (45) days of receipt of the Award Letter. The terms of this Agreement shall be considered to have been modified to include the additional funds upon the Department's receipt of the written notice of acceptance and receipt of a budget form which details the proposed expenditure of the additional funds. The budget form will be provided by the Department when the offer of additional funds is made. Notwithstanding the foregoing, any budget changes which do not increase the overall cost of the project or change the Scope of Work do not require a written modification to this Agreement. All refunds or repayments to be made to the Department under this Agreement are to be made payable to the order of "Department of Community Affairs", and mailed directly to the Department at the following address: Department of Community Affairs Cashier Finance and Accounting 2555 Shumard Oak Boulevard Tallahassee FL 32399-2100 In accordance with § 215.34(2), Florida Statutes, if a check or other draft is returned to the Department for collection, the Department must add to the amount of the check or draft a service fee of Fifteen Dollars ($15.00) or Five Percent (5%) of the face amount of the check or draft, whichever is greater. (5) RECORDKEEPING (a) As applicable, Recipient's performance under this Agreement shall be subject to the federal "Common Rule: Uniform Administrative Requirements for State and Local Governments" (53 Federal Register 8034) or OMB Circular No. A-110, "Grants and Agreements with Institutions of High Education, Hospitals, and Other Nonprofit Organizations," and either OMB Circular No. A-87, "Cost Principles for State and Local Governments," OMB Circular No. A-21, "Cost Principles for Educational Institutions," or OMB Circular No. A-122, "Cost Principles for Nonprofit Organizations." If this Agreement is made with a commercial (for-profit) organization on a cost-reimbursement basis, the Recipient shall be subject to Federal Acquisition Regulations 31.2 and 931.2. AGENDA.,I, TEM 2 N o.._/~..~._~ SEP 2 2002 Pg. ¢ (b) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of five years from the date the audit report is issued, and shall allow the Department or its designee, Comptroller, or Auditor General access to such records upon request. The Recipient shall ensure that audit working papers are made available to the Department or its designee, Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department, with the following exceptions: 1. If any litigation, claim or audit is started before the expiration of the five year period and extends beyond the five year period, the records will be maintained until all litigation, claims or audit findings involving the records have been resolved. 2. Records for the disposition of non-expendable personal property valued at $5,000 or more at the time of acquisition shall be retained for five years after final disposition. 3. Records relating to real property acquisition shall be retained for five years after closing of title. (c) All records, including supporting documentation of all program costs, shall be sufficient to determine compliance with the requirements and objectives of the Budget, Attachment A and Scope of Work, Attachment B and B-I, and all other applicable laws and regulations. (d) The Recipient, its employees or agents, including all subcontractors or consultants to be pa/d 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. (6) REPORTS (a) At a minimum, the Recipient shall provide the Department with quarterly reports, and with a close-out report. (b) Quarterly reports are due to be received by the Department no later than 30 days after the end of each quarter of the program year and shall continue to be submitted each quarter until submission of the adrn/nistrative close-out report. The ending dates for each quarter of the program year are December 31, March 31, June 30 and September 30. (c) The close-out report is due 45 days after termination of this Agreement. (d) If all required reports and copies, prescribed above, are not sent to the Department or are not completed in a manner acceptable to the Department, the Department may withhold further payments until they are completed or may take such other action as set forth in paragraph (9). The Department may termJnate the Agreement with a Recipient if reports are not received within 30 days after written notice by the Department. "Acceptable to the Department" means that the work product was completed in accordance with generally accepted principles and is consistent with the Budget and Scope of Work. AGENDA. ITEM No. SEP 2 2002 Pg. (e) Upon reasonable notice, the Recipient shall provide such additional program updates or information as may be required by the Department. (f) The Recipient shall provide additional reports and information as identified in Attachment D. (7) MONITORING The Recipient shall constantly monitor its performance under this Agreement to ensure that time schedules are being met, the Budget and Scope of Work are being accomplished within specified time periods, and other performance goals are being achieved. Such review shall be made for each function or activity set forth in Attachment B and B-1 to this Agreement. In addition, the Department will monitor the performance and f'mancial management by the Recipient throughout the contract term to ensure timely completion of all tasks. In addition to reviews of audits conducted in accordance with OMB Circular A-133, as revised (see "AUDIT REQUIREMENTS" below), monitoring procedures may include, but not be limited to, on- site visits by Department staff, limited scope audits as defined by OMB Circular A-133, as revised, and/or other procedures. By entering into this Agreement, the Recipient agrees to comply and cooperate with any monitoring procedures/processes deemed appropriate by the Department. In the event that the Department determines that a limited scope audit of the Recipient is appropriate, the Recipient agrees to comply with any additional instructions provided by the Department to the Recipient regarding such audit. The Recipient further agrees to comply and cooperate with any inspections, reviews, investigations or audits deemed necessary by the Comptroller or Auditor General. In addition, the Department will monitor the performance and financial management by the Contractor throughout the contract term to ensure timely completion of all tasks. (8) LIAB [L1TY (a) Unless Recipient is a State agency or subdivision, the Recipient shall be solely responsible to parties with whom it shall deal in carrying out the terms of this agreement, and shall save the Department harmless against all claims of whatever nature by third parties arising out of the performance of work under this agreement. For purposes of this agreement, Recipient agrees teat it is not an employee or agent of the Department, but is an independent contractor. (b) Any Recipient who is a state agency or subdivision, as defined in Section 768.28, Florida Statutes, agrees to be fully responsible to the extent provided by Section 768.28 Florida Statutes. for its '~qegligent acts or omissions or tortious acts which result in claims or suits against the Department, and agrees to be liable for any damages proximately caused by said acts or omissions. Nothing herein is intended to serve as a waiver of sovereign immunity by any Recipient to which sovereign immunity applies. Nothing herein shall be construed as consent by a state agency or subdivision of the State of Florida to be sued by third parties in any matter arising out of any contract. AGENDA J.TEM 4 No.~ SEP 2 ti 2002 Pg._ G (9) DEFAULT; REMEDIES; TERMINATION. (a) If the necessary funds are not available to fund this Agreement as a result of action by Congress, the state Legislature, the Office of the Comptroller or the Office of Management and Budgeting, or if any of the following events occur ("Events of Default"), all obligations on the pan of the Department to make any further payment of funds hereunder shall, if the Department so elects, terminate and the Department may, at its option, exercise any of its remedies set forth herein, but the Department may make any payments or parts of payments after the happening of any Events of Default without thereby waiving the right to exercise such remedies, and without becoming liable to make any further payment: 1. If any warranty or representation made by the Recipient in this Agreement or any previous Agreement with the Department shall at any time be false or misleading in any respect, or if the Recipient shall fail to keep, observe or perform any of the terms or covenants contained in this Agreement or any previous agreement with the Department and has not cured such in timely fashion, or is unable or unwilling to meet its obligations thereunder; 2. If any material adverse change shall occur in the financial condition of the Recipient at any time during the term of this Agreement from the financial condition revealed in any repons filed or to be filed with the Department, and the Recipient fails to cure said material adverse change within thirL~ (30} days from the time the date written notice is sent by the Department. 3. If any reports required by this Agreement have not been submitted to the Department or have been submitted with incorrect, incomplete or insufficient information; 4. If the Recipient has failed to perform and complete in timely fashion any of the sen'ices required under the Budget, Attachment A, and Scope of Work, Attachments B and B-1 attached hereto. (b) Upon the happening of an Event of Default, then the Department may, at its option, upon thirty (30) calendar days prior written notice to the Recipient and upon the Recipient's failure to timely cure, exercise any one or more of the following remedies, either concurrently or consecutively, and the pursuit of any one of the following remedies shall not preclude the Department from pursuing an)' other remedies contained herein or otherwise provided at law or in equity: 1. Terminate this Agreement, provided that the Recipient is given at least thirty (30) da>'s prior written notice of such termination. The notice shall be effective when placed in the United States mail, first class mail, postage prepaid, by registered or certified mail-return receipt requested, to the address set forth in Paragraph (10) herein; 2. Commence an appropriate legal or equitable action to enforce performance of this Agreement; 3. Withhold or suspend payment of all or any part of a request for payment; 4. Exercise any corrective or remedial actions, to include but not be limited to, requesting additional information from the Recipient to determine the reasons for or the extent of non-compliance or lack of performance, issuing a written warning to advise that more serious measures may be taken if the situation is not corrected, advising the Recipient to suspend, discontinue or refrain from incurring costs 'Ir. Il C;" SEP 2 2002 for any activities in question or requiring the Recipient to reimburse the Department for the amount of costs incurred for any items determined to be ineligible; 5. Exercise any other rights or remedies which may be otherwise available under law; (c) The Department may terminate this Agreement for cause upon such written notice as is reasonable under the circumstances. Cause shall include, but not be limited to, misuse of funds; fraud; lack of compliance with applicable rules, laws and regulations; failure to perform in a timely manner; and refusal by the Recipient to permit public access to any document, paper, letter, or other material subject to disclosure under Chapter 119, Florida Statutes, as amended. (d) Suspension or termination constitutes final agency action under Chapter 120, .Florida Statutes, as amended. Notification of suspension or termination shall include notice of administrative hearing rights and time frames. (e) In addition to any other remedies, the Recipient shall return to the Department an3' funds which were used for ineligible purposes under the program laws, rules, and regulations governing the use of the funds under the program. (f) This Agreement may be terminated by the written mutual consent of the parties. (g) Notwithstanding the above, the Recipient shall not be relieved of liability to the Department by virtue of any breach of Agreement by the Recipient. The Department may, to the extent authorized by law, withhold any payments to the Recipient for purpose of set-off until such time as the exact amount of damages due the Department from the Recipient is determined. (I 0) NOTICE AND CON~!'ACT (a) All notices provided under or pursuant to this Agreement shall be in writing, either by hand delivery, or first class, certified mail, return receipt requested, to the representative identified below at the address set forth below and said notification attached to the original of this Agreement. (b) The name and address of the Department contract manager for this Agreement is: Ms. Debbie Wonsch, Manager Emergency Management Preparedness and Assistance Grants Program Department of Community Affairs Division of Emergency Management 2555 Shumard Oak Boulevard Tallahassee, FL 32399-2100 Telephone: (850) 413-9894 Fax: (850) 488-7842 Email: debbie.wonsch @dca.state.fi.us SEP 2 q 2002 F'~L ~' ( c ) The name and address of the Representative of the Recipient responsible for the administration of this Agreement is: Kenneth F. Pineau, Director Collier County Emergency Management 3301 E. Tamiami Trail Naples, FL 34112 Telephone: (239) 774-8444 / 8445 Fax: (239) 775-5008 Ernail: pineauk~naples.net ( d ) In the event that different representatives or addresses are designated by either party after execution of this Agreement, notice of the name, title and address of the new representative will be rendered as provided in (10)(a) above. ( e ) All payments relating to the Agreement shall be mailed to the following address: Collier County Emergency Management 3301 E. Tamiami Trail Naples, FL 34112 (11 ) OTHER PROVISIONS (a) The validity of this Agreement is subject to the truth and accuracy of al the information, representations, and materials submitted or provided by the recipient in this agreement, in any subsequent submission or response to Department request, or in any submission or response to fulfill the requirements of this Agreement, and such information, representations, and materials are incorporated by reference. The lack of accuracy thereof or anx material changes shall, at the option of the Department and with thirty (30) days written notice to the Recipient, cause the termination of this Agreement and the release of the Department from all its obligations to the Recipient. (b) Ti'tis Agreement shall be construed under the laws of the State of Florida, and venue for any actions arising out of this Agreement shall lie in Leon County. If any provision hereof is in conflict with any applicable statute or rule, or is otherwise unenforceable, then such provision shall be deemed null and void to the extent of such conflict, and shall be deemed severable, but shall not invalidate any other provision of this Agreement. ( c ) No waiver by the Department of any right or remedy granted hereunder or failure to insist on strict performance by the Recipient shall affect or extend or act as a waiver of any other fight or remedy of the Department hereunder, or affect the subsequent default by the Recipient. Any power of approval or disapproval granted to the Department under the terms of this Agreement shall survive the terms and life of this Agreement as a whole. (d) The Agreement may be executed in any number of counterparts, any one of which may be taken as an original. AGENDA_.LTE~ 7 SEP 2 q 2002 Pt~. ¢ (e) The Recipient agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), if applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications. (f) A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list~may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of Category Two for a period of 36 months from the date of being placed on the convicted vendor or discriminatory vendor list. (12) AUDIT REQUIREMENTS (a) The Recipient agrees to maintain financial procedures and support documents, in accordance with generally accepted accounting principles, to account for the receipt and expenditure of funds under this Agreement. (b) These records shall be available at all reasonable times for inspection, review, or audit by state personnel and other personnel duly authorized by the Department. "Reasonable" shall be construed according to circumstances, but ordinarily shall mean normal business hours of 8:00 a.m. to 5:00 p.m., local time, Monday through Friday. (c) The Recipient shall also provide the Department with the records, reports or financial statements upon request for the purposes of auditing and monitoring the funds awarded under this Agreement. (d) If the Recipient is a State or local government or a non-profit organization as defined in OMB Circular A-133, as revised, and in the event that the Recipient expends $300,000 or more in Federal awards in its fiscal year, the Recipient must have a single or program-specific audit conducted in accordance with the provisions of OMB Circular A-133, as revised. EXHII3IT 1 to this Agreement indicates Federal resources awarded through the Department by this Agreement. In deterrrfining the Federal awards expended in its fiscal year, the Recipient shall consider all sources of Federal awards, including Federal resources received from the Department. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A-133, as revised. An audit of the Recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A-133, as revised, will meet the requirements of this paragraph. In connection with the audit requirements addressed in Paragraph 12 (d) above, the Recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A-133, as revised. If the Recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, is not required. In the event that the Recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A-133, as revised, the cost of the 8 AGENDA LI, EM SEP 2 q 2002 audit must be paid from non-Federal resources (i.e., the cost of such audit must be paid from Recipient resources obtained from other than Federal entities). (e) Copies of reporting packages for audits conducted in accordance with OMB Circular A-133, as revised, and required by subparagraph (d) above shall be submitted, when required by Section .320 (d), OMB Circular A-133, as revised, by or on behalf of the Recipient directly to each of the following: The Department of Community Affairs at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and Department of Community Affairs Division of Emergency Management Bureau of Compliance Planning and Support Finance and Administration Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 The Federal Audit Clearinghouse designated in OMB Circular A-133, as revised (the number of copies required by Sections .320(d)(1) and (2), OMB Circular A-133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10~' Street Jeffersonville, IN 47132 Other Federal agencies and pass-through entities in accordance with Sections .320 (e) and (f), OMB Circular A-133, as revised. (f) In the event that the Recipient expends a total amount of State awards (i.e., State financial assistance provided to the recipient to carry out a State project) from all state sources equal to or in excess of $300,000 in any fiscal year of such Recipient, the Recipient must have a State single or project-specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes. In determining the State awards expended in its fiscal year, the Recipient shall consider all sources of State awards, including State funds 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 Grants and Aids appropriation. AGENDA ITEM 9 No..~ SEP 2 2002 1. The annual financial audit report shall include all management letters and the recipient's response to all findings, including corrective actions to be taken. 2. The annual financial audit report shall include a schedule of 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 (12)(d) t 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 Atm: Ted J. Sauerbeck Room 574, Claude Pepper Building 111 West Madison Street Tallahassee, Florida 32302-1450 4. In connection with the audit requirements addressed in (d) above, the Recipient shall ensure that the audit complies with the requirements of Section 215.97, Flor/da Statutes. This includes submission of a reporting package as defined by Section 215.97, Florida Statutes. 5. If the Recipient expends less than $300,000 in State awards in its fiscal .,,'ear, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statute.s, the cost of the audit must be paid from non-State funds (i.e., the ~ost of such an audit must be paid from the recipient's funds obtained from other than State entities). (g) Pursuant to Section .320 (f'), OMB Circular A-133, as revised, the recipient shall submit a copy of the reporting package described in Section .320 (c), OMB Circular A-133, as revised, and any management letter issued by the auditor, to the Department at each of the following addresses: Department of Community Affairs Office of Audit Services 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 and AGENDA SE[:' 2 q 2002 Department of Community Affairs Division of Emergency Management - Bureau of Compliance Planning and Support Finance and Administration Section 2555 Shumard Oak Boulevard Tallahassee, Florida 32399-2100 (h) Any reports, management letter, or other information required to be submitted to the Department pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A- 133, Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for- profit organizations), Rules of the Auditor General, as applicable. (i) Recipients, when submitting financial reporting packages to the Department for audits done in accordance with OMB Circular A-133 or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for-profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the Recipient in correspondence accompanying the reporting package. (j) The Recipient shall retain sufficient records demonstrating its compliance with the terms of this agreement for a period of five years from the date the audit report is issued, and shall allow the Department, or its designee, the Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department, or its designee, the Comptroller, or Auditor General upon request for a period of five years from the date the audit report is issued, unless extended in writing by the Department. (k) In the event the audit shows that the entire funds disbursed hereunder, or any portion thereof, were not spent in accordance with the conditions of this Agreement, the Recipient shall be held liable for reimbursement to the Department of all funds not spent in accordance with these applicable regulations and Agreement provisions within thirty (30) days after the Department has notified the Recipient of such non-compliance. (1) The Recipient shall retain all financial records, supporting documents, statistical records, and any other documents pertinent to this contract for a period of five 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 five-year period, the records shall be retained until the litigation or audit findings have been resolved. (m) The Recipient shall have all audits completed by an independent certified public accountant (IPA) who shall either be a certified public accountant or a public accountant licensed under Chapter 473, Florida ~Statutes... The IPA shall state that the audit complied with the applicable provisions noted above. (13) ~UBCONTRACTS (a) If the Recipient subcontracts any or all of the work required under this Agreement, a copy of the executed subcontract must be forwarded to the Deparhnent within thirty (30) days after execution of the subcontract. The Recipient agrees to include in the subcontract that (1) the subcontractor is bound by all applicable state and federal laws and regulations, and (2) ~-'" 11 AGENDAITEM No. the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. (b) The Recipient shall not award subgrants using funds awarded pursuant to this Agreement. (c) The Recipient 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 perrrfitted, the Recipient shall utilize competitive procurement practices. (d) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-87. (14) TERMS AND CONDITIONS The Agreement contains all the terms and conditions agreed upon by the parties. (t5) 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. (c) This Agreement has the following attachments: Exhibit 1 - Funding Sources Attachment A - Budget Attachment B and B-1 - Scope of Work Attachment C - Program Statutes and Regulations Attachment D - Reports Attachment E - Justification for Advance Attachment F - Assurances (16) FUNDING/CONSIDERATION (a) This is a cost-reimbursement Agreement. The Recipient shall be reimbursed for costs incurred in the satisfactory performance of work hereunder in an amount not to exceed $103,196 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. 12 No.AG~L~D~ ig.'l SEP 2 q 2002 lpg. /~// (b) Any advance payment under this Agreement is subject to s. 216.181(16), Florida Statutes. The amount which may be advanced may not exceed the expected cash needs of the Recipient within the first three (3) months of the contract term. For a federally funded contract, any advance payment is also subject to federal OMB Circulars A-87, A-110, A-122 and the Cash Management Improvement Act of 1990. Id' an advance payment is requested, the budget data on which the request is based and a justification statement shall be included in this Agreement as Attachment E. Attachment E will specify the amount of advance payment needed and provide an explanation of the necessity for and proposed use of these funds. 1. ~ . No advance payment is requested. 2. ~ An advance payment of $ is requested. (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 Recipient agrees to expend funds in accordance with the Budget, Attachment A, and the Scope of Work, Attachments B and B-1 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 Recipient 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 Recipient shall comply with all applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Whenever required by law or otherwise permitted, the Recipient shall utilize competitive procurement practices. (0 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 CON~i'RACT COST PRINCIPLES AND PROCEDURES. (g) At a minimum, the Recipient shall continue to provide other funding for the Recipient's 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 Recipient's Emergency Management Agency; or (2) the level of funding for the Recipient's Emergency Management Agency for the last fiscal year, whichever figure is lower (Rule 9G-19.011). Recipient's general revenue funding for 911 services, emergency 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 Recipient's Emergency Management Agency." The Recipient shall certify compliance with this 13 AG~DA~TE~ SEP 2 4 2002 rule chapter and this rule by its execution of this Agreement, and as a condition precedent to receipt of funding. Federal funds provided under this Agreement shall be matched by the Recipient dollar for dollar from non-federal funds. (h) Should the Recipient wish to carry forward, into the fiscal year beginning October 1,2003, any unspent funds awarded under this Agreement, the Recipient must request such carry forward of funds in writing to the Department by June 30, 2003. 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 Recipient'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. (17) STANDARD CONDITIONS The Recipient agrees to be bound by the following standard conditions: (a) The State of Florida's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature and receipt of funds from the federal government, and subject to any modification in accordance with Chapter 216, Florida Statutes or the Florida Constitution. (b) This Agreement may not be renewed or extended. (c) All bills for fees or other compensation for services or expenses shall be submitted in detail sufficient for a proper preaudit and postaudit thereof. (d) If otherwise allowed under this Agreement, all bills for any travel expenses shall be submitted in accordance with Section 112.061, Florida Statutes. (e) The Department reserves the fight to unilaterally cancel this Agreement for refusal by the Recipient to allow public access to all documents, papers, letters or other mater/al subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Recipient in conjunction with this Agreement. (0 If the Recipient is allowed to temporarily invest any advances of funds under this Agreement, any interest income shall either be returned to the Department or be applied against the Department's obligation to pay the contract amount. (g) The State of Florida will not intentionally award publicly-funded contracts to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) [Section 274A(e) of the Immigration and Nationality Act The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the 12NA. Such violation by the Recipient of the employment provisions contained in SEP 2 20O2 Section 274A(e) of the INA shall be grounds for unilateral cancellation of this Agreement by the Department. (18) LOBBYING PRQH~ITION. (a) No funds or other resources received from the Department in connection with this Agreement may be used directly or indirectly to influence legislation or any other official action by the Florida Legislature or any state agency. (b) The Recipient certifies, by its signature to this Agreement, that to the best of his or her knowledge and belief: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any Federal contract, grant, loan or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, the undersigned shall complete and submit Standard Forrn-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representative of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. (19) ¢0PYRIGHT, PATENT AND TRADEMARK ANY AND ALL PATENT RIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF TInS AGREEMENT ARE HEREBY RESERVED TO THE STATE OF FLORIDA. ANY AND ALL COPYRIGHTS ACCRUING UNDER OR IN CONNECTION WITH THE PERFORMANCE OF Tins AGREEMENT ARE HEREBY TRANSFERRED BY THE RECIPIENT TO THE STATE OF FLORIDA. SEP 2 4 2002 (a) If the Recipient brings to the performance of this Agreement a pre-existing patent or copyright, the Recipient shall retain all rights and entitlements to that pre-existing patent or copyright unless the Agreement provides otherwise. (b) If any discovery or invention ahses or is developed in the course of or as a result of work or services performed under this Agreement, or in any way connected herewith, the Recipient shall refer the discovery or invention to the Department for a determination whether patent protection will be sought in the name of the State of Florida. Any and all patent rights accruing under or in connection with the performance of this Agreement are hereby reserved to the State of Florida. In the event that any books, manuals, films, or other copyrightable material are produced, the Recipient shall notify the Department. Any and all copyrights accruing under or in connection with the performance under this Agreement are hereby transferred by the Recipient to the State of Florida. (c) Within thirty (30) days of execution of this Agreement, the Recipient shall disclose all intellectual properties relevant to the performance of this Agreement which he or she knows or should know could give rise to a patent or copyright. The Recipient shall retain all rights and entitlements to any pre-existing intellectual property which is so disclosed. Failure to disclose will indicate that no such property exists. The Department shall then, under Paragraph (b), have the right to all patents and copyrights which occur during performance of the Agreement. (20) LEGAL AUTHORIZATION The Recipient certifies with respect to this Agreement that it possesses the legal authority to receive the funds to be provided under this Agreement and that, if applicable, its governing body has authorized, by resolution or otherwise, the execution and acceptance of this Agreement with all covenants and assurances contained herein. The Recipient also certifies that the undersigned possesses the authority to legally execute and bind Recipient to the terms of this Agreement. (21) ASSURANCES The Recipient shall comply with any Statement of Assurances incorporated as Attachment F. (22) VENDOR PAYMENTS Pursuant to Section 215.422, Florida StatuteS, the Department shall issue payments to vendors within 40 days after receipt of an acceptable invoice and receipt, inspection, and acceptance of goods and/or services provided in accordance with the terms and conditions of the Agreement. Failure to issue the warrant within 40 days shall result in the Department paying interest at a rate as established pursuant to Section 55.03(1) Florida .Statutes. The interest penalty shall be paid within 15 days after issuing the warrant. Vendors experiencing problems obtaining timely payment(s) from a state agency may receive assistance by contacting the Vendor Ombudsman at (850) 488-2924 or by calling the State Comptroller's Hotline at 1-800-848-3792. AGENDA 16 No./~ SEP 2 4 200, PO. (23) EQUIPMENT AND PROPERTY MANAGEMENT The Recipient acknowledges the completed installation of a Hughes Network Systems, Mc., Personal Earth Station® and related equipment (hereinafter "the Equipment"). The Recipient acknowledges and agrees to comply with applicable terms and conditions of: (15 the State of Florida Lease/Purchase Agreement, dated October 1994, executed between Hughes Network Systems, Inc. ("HNS"), 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 Recipient and other sites. In particular, the Recipient agrees: A. That any repons 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 Recipient will assist and comply with the instructions of the SWP and an5' technical service representative responding to the report or service request. Recipient's personnel shall cooperate with and assist service representatives, as required, for installa- tion, troubleshooting and fault isolation, with adequate staff. C. That the Recipient shall not change, modify, deinstall, relocate, remove or alter the Equipment, accessories, attachments and related items without the express written approval of the Department. D. That the Recipient shall provide access, subject to reasonable security restrictions, to the Equipment and related areas and locations of the Recipient's facilities and premises, and will m-range 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 Recipient's reasonable rules and regulations for access, provided the Department is promptly furnished with a copy after execution of this Agreement. The Recipient shall provide safe access to the Equipment and will maintain the environment where the Equipment is located in a safe and secure condition. The Recipient shall provide service representatives with access to electrical power, water and other utilities, as well as telephone access to the Recipient's facility as required for efficient service. E. That the Recipient shall take reasonable steps to secure the Equipment and to protect the Equipment from damage, theft, loss and other hazards. This shall not obligate the Recipient to procure insurance. The Department agrees to procure and maintain all risks insurance coverage on the Equipment. The Recipient 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 I-INS Agreements, and any applicable laws, codes ordinances or regulations. The Recipient 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 Recipient shall immediately report an5' AGENDA I~EM .o. SE 2 2002 damage, loss, trouble, service interruption, accident or other problem related to the Equipment to the SWP, 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 Recipient, to use the software solely in the operation of the Equipment, to commence on delivery of the software to the Recipient and to last for the term of the HNS Agreements. The Recipient 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 Recipient 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 provided to the Department pursuant to the services agreement between 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 Se~,ice Agreement with HNS and does not cover other 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 Recipient 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 Recipient 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 Recipient shall be independently responsible for any and all charges not part of the initial service order. ' AGENDA IJ'EM 18 No. // L~ ~' 2002 (24) COMMUNICATIONS COSTS By its execution of this Agreement, the Recipient authorizes the Department to deduct the appropriate costs of the recurring charges for the satellite communications Service from the allocation provided to Recipient under Rule 9G-19.005(3), Florida Administrative Code. The deduction is $2,610 for twelve months. In the event the Recipient desires to continue use of the National Warning System (NAWAS) line, then the Recipient shall assume all operational and fiscal responsibility for the NAWAS line and equipment in the County. (25) 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 has no obligation to honor such reimbursement request. Any trade-in or resale funds received relating to any vehicle purchased under this subgrant is program income and must be applied toward the Recipient's Emergency Management Preparedness and Assistance (EMPA) Base Grant expenditures. (26) PROPERTY MANAGEMENT/PROCUREMENT (a) The recipient shall comply with applicable procurement rules and regulations in securing goods and services to implement the Scope of Work. Wherever required by law or other~vise permitted, the Recipient shall utilize competitive procurement practices. (b) Allowable costs shall be determined in accordance with Office of Management and Budget Circular A-102 - Common Rule. (c) Recipient agrees to use any equipment purchased under the terms of this Agreement for the purpose for which it was intended. (d) Equipment purchased under the terms of this Agreement shall remain the property of the Recipient. The disposition of equipment shall be made in accordance with the Recipient's policies and procedures and applicable federal policies and procedures. (27) CERTIFICATIONS (a) By its execution of this Agreement, the Recipient certifies that it is currently in full compliance with the Rule Chapters 9G-6, 9G-11, and 9G-19, Florida Administrative Code, Chapter 252, Florida Statutes, and appropriate administrative rules and regulations that guide the emergency management program and associated activities. (b) The Recipient certifies that funds received from the Emergency Management, Preparedness and Assistance Trust Fund (EMPA funds) will not be used to supplant existing funds, nor will funds from one program under the Trust Fund be used to match funds received from another program under the Trust Fund. The Recipient further certifies that EMPA funds shall not be expended for 911 services, emergency medical services, law enforcement, criminal justice, fire service, public works or other 19 [ No~ SEP 2'~ 2002 services outside the emergency management responsibilities assigned to the Recipient's Emergency Management Agency, unless such expenditure enhances emergency management capabilities as expressly assigned in the local Comprehensive Emergency Management Plan (CEMP). ( c ) The Recipient certifies that it is a participant in the most current Statewide Mutual Aid Agreement (SMAA). ( d ) By its signature below, the Recipient reaffirms its certification to employ and maintain a full-time Director consistent with Rule 9G-19.002(6), F_lorida Administrative Code. IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed by their undersigned officials ad duly authorized. RECIPIENT STATE OF FLORIDA COLLIER COUNTY, FLOR/DA DEPARTMENT OF COMMUNITY AFFAIRS By: By: James N. Coletta, Chairman Board of Counw Commissioners _ W. Craig Fugate, Director Name/Title Name/Title Date: Date: 59-6000558 Federal Employer ID Number ATTEST: Dwight E. Brock, Clerk By: (Deputy Clerk) Approved as to Form and Legal Sfiff~ency 20 EXHIBIT- 1 FEDERAL RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT CONSIST OF THE FOLLOWING: Federal Program -0- COMPLIANCE REQUIREMENTS APPLICABLE TO THE FEDERAL RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Not applicable at this time. STATE RESOURCES AWARDED TO THE RECIPIENT PURSUANT TO THIS AGREEMENT C'ONSIST OF THE FOLLOWING: SUBJ'ECT TO SECTION 215.97, FLORIDA STATUTES: State Project (list State awarding agency, Catalog of State Financial Assistance title and number) State Awarding Agency: Department of Community Affairs Catalog of State Financial Assistance Title: Emergency Management Pro,rams Catalog of State Financial Assistance Number: 52008 State Grant Amount: $105,806 COMPLIANCE REQUIREMENTS APPLICABLE TO STATE RESOURCES AWARDED PURSUANT TO THIS AGREEMENT ARE AS FOLLOWS: Pursuant to Section 252.373, Florida Statutes and Rule Chapter 9G-19, Florida Administrative Code. 21 AGENDA ITEM lCFb - SEP 2 2002 pg. ~ Attachment A Budget The anticipated expenditures for the Categories listed below are for the Emergency Management Preparedness and Assistance (EMPA) State portion of this subgrant only (Paragraph (16)(a), FUNDING/CONSIDERATION). A separate budget form for the Emergency Management Performance Grant (EMPG) portion of this subl~rant will be provided when funds are awarded by the Department. Cateeory .Anticipated Expenditure Amount Salaries/Fr/nge Benefits $ 43,200 Other Personal Services $ 17,100 Expenses $ 32,100 Operating Capital Outlay $ 10,800 Fixed Capital Outlay $ - 0 - Total State Funds $ 103,200 AGEND/LD:EM I Attachment B 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, .Flor/da Administrative Code and Chapter 252, Florida Statutes). This Scope of Work recognizes that each recipient 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, the Recipient 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 Recipient shall complete the work items approved by the Department and attached hereto as Attachment B-1. Subsequent revisions during the term of this Agreement shall be those submitted in writing by the Recipient, approved by the Department, and on file in the Division. As a further condition of receiving funding under this Agreement, following full or partial Count>' 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 Recipient 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 educational information to educate the public about the Emergency Management Program is fillowable. Food and beverages may be purchased for Emergency Management personnel and other personnel .only if the Recipient's 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 Recipient 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. SEP 2 2002 Attachment C Program Statutes and Regulations 1. Chapter 252, Florida Statutes 2. Rule Chapters 9G-6, 9G-11, 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 Starutes 7. OMB Circular A-87 8. OMB Circular A-133 9. 48 CFR, Part 31 AGEI~ D2~TEIVJ. 24 No.~ SEP 2 2002 Attachment D Reports A. The Recipient 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 Recipient's 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 9G-19.01 ], Florida Administrative Code, historical budgetary information relating to the Recipient's 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 31,2002. The Historical Information form must be prepared and siened by an official of the County's Finance Office. E. In a format provided by the Department, a proposed staffing summary shall be submitted to -- the Department not later than December 31, 2002. F. If all required reports 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 (9), and Rule 9G-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. G. Upon reasonable notice, the Recipient 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 Recipient on the Division's Interact site and a hard copy will be mailed with a fully executed copy of the Agreement. ...... AGE~I'JD~3TE~ 25 NOs~ Attachment E Justification for Advance j AGENDAJ,TEM 26 No._TjX____~ SEP 2 ~ 2002 Attachment F Assurances To the extent the following provisions apply to the award of assistance in this Agreement, as determined by the awarding agency, the Subgrantee hereby assures and certifies that: (a) It will comply with: (1) Contract Work Hours and Safety Standards Act of 1962, 40 U.S.C. 327 et seq., requiting that mechanics and laborers (including watchmen and guards) employed on federally assisted contracts be paid wages of not less than one and one-half times their basic wage rates for all hours worked in excess of forty hours in a work week; and (2) Federal Fair Labor Standards Act, 29 U.S.C. Section 201 et seq., requiring that covered employees be paid at least the minimum prescribed wage, and also that they be paid one and one-half times their basic wage rates for all hours worked in excess of the prescribed work-week. (b) It will comply with: .... (1) Title VI of the Civil Rights Act of 1964 (P.L. 88-352), and the regulations issued pursuant thereto, which provides that no person in the United States shall on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Subgrantee receives Federal financial assistance and will immediately take any measures necessary to effectuate this assurance. I.f any real property or structure thereon is provided or improved with the aid of Federal financial assistance extended to the Subgrantee, this assurance shall obligate the Subgrantee, or in the case of any transfer of such property, any transferee, for the period during which the real property or structure is used for a purpose for which the Federal financial assistance is extended, or for another purpose involving the provision of similar services or benefits; (2) Any prohibition against discrimination on the basis of age under the Age Discrimination Act of 1975, as amended (42 U.S.C.: 6101-6107) which prohibits discrimination on the basis of age or with respect to otherwise qualified handicapped individuals as provided in Section 504 of the Rehabilitation Act of 1973; (3) Executive Order 11246 as amended by Executive Orders 11375 and 12086, and the regulations issued pursuant thereto, which provide that no person shall be discriminated against on the basis of race, color, religion, sex or national origin in all phases of 27 SE? 2 q 2002 employment during the performance of federal or federally assisted construction contracts; affirmative action to insure fair treatment in employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff/termination, rates of pay or other forms of compensation; and election for training and apprenticeship; (c) The Subgrantee agrees to comply with the Americans With Disabilities Act (Public Law 101-336, 42 U.S.C. Section 12101 et seq.), where applicable, which prohibits discrimination by public and private entities on the basis of disability in the areas of employment, public accommodations, transportation, State and local government services, and in telecommunications; (h) It will establish safeguards to prohibit employees from using positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties pursuant to Section 112.313 and Section 112.3135, FS; (i) It will comply with the Anti-Kickback Act of 1986, 41 U.S.C. Section 51 w~ch outlaws and prescribes penalties for "kickbacks" of wages in federally financed or assisted construction activities; (j) It will comply with the provisions of 18 USC 594,598,600-605 (further known as the Hatch Act) which limits the political activities of employees; (k) It will comply with the flood insurance purchase and other requirements of the Flood Disaster Protection Act of 1973 as amended, 42 USC 4002-4107, including requirements regarding the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance; (1) It will require every building or facility (other than a privately owned residential structure) designed, constructed, or altered with funds provided under this Agreement to comply with the "Uniform Federal Accessability Standards," (AS) which is Appendix A to 41 CFR Section 101-19.6 for general type buildings and Appendix A to 24 CFR Part 40 for residential structures. The Subgrantee will be responsible for conducting inspections to ensure compliance with these specifications by the contractor; 28 AGI~ I~ D.h~T F_,~ No. I/_ L~ ~ 2002 (m) It will, in connection with its performance of environmental assessments under the -- National Environmental Policy Act of 1969, comply with Section 106 of the National Historic Preservation Act of 1966 (U.S.C. 470), Executive Order 11593, 24 CFR Part 800, and the Preservation of Archaeological and Historical Data Act of 1966 (16 U.S.C. 469a-1, et seq.) by: (1) Consulting with the State Historic Preservation Office to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Section 800.8) by the proposed activity; and (2) Complying with all requirements established by the State to avoid or mitigate adverse effects upon such properties. (3) abiding by the terms and conditions of the "Programmatic Agreement Among the Federal Emergency Management Agency, the Florida State Historic Preservation Office, the Florida Department of Community Affairs and the Advisory Council on Historic Preservation, (PA)" which addresses roles and responsibilities of Federal and State entities in implementing Section 106 of the National Historic Preservation Act (NHPA), 16 U.S.C. 470f, and implementing regulations in 36 CFR part 800. (4) When any of Recipient's projects funded under this Agreement may affect a historic ..... property, as defined in 36 CFR 800.(2)(e), the Federal Emergency Management Agency (FEMA) may require Recipient to review the eligible scope of work in consultation with the State Historic Preservation Office (SHPO) and suggest methods of repair or construction that will conform with the recommended approaches set out in the Secretary of Interior's Standards for Rehabilitation and Guidelines for Rehabilitating Historic Buildings 1992 (Standards), the Secretary of the Interior's Guidelines for Archeological Documentation (Guidelines) (48 Federal Register 44734-37), or any other applicable Secretary of Interior standards. If FEMA determines that the eligible scope of work will not conform with the Standards, Recipient agrees to participate in consultations to develop, and, after execution by all parties, to abide by, a written agreement that establishes mitigation and recordation measures, including but not limited to, impacts to archeological sites, and the salvage, storage, and reuse of any significant architectural features that may otherwise be demolished. (5) Recipient agrees to notify FEMA and the Department if any project funded under this Agreement will involve ground disturbing activities, including, but not limited to: subsurface disturbance; removal of trees; excavation for footings and foundations; and installation of utilities (such as water, sewer, storm drains, electrical, gas, leach lines and septic tanks) except where these activities are restricted solely to areas previously disturbed t~f ~ SEP 2 q 2002 by the installation, replacement or maintenance of such utilities. FEMA will request the SHPO's opinion on the potential that archeological properties may be present and be affected by such activities. The SHPO will advise Recipient on any feasible steps to be accomplished to avoid any National Register eligible archeological property or will make recommendations for the development of a treatment plan for the recovery of archeological data from the property. If Recipient is unable to avoid the archeological property, develop, in consultation with the SHPO, a treatment plan consistent with the Guidelines and take into account the Advisory Council on Historic Preservation (Council) publication "Treatment of Archeological Properties." Recipient shall forward information regarding the treatment plan to FEMA, the SHPO and the Council for review. If the SHPO and the Council do no object within 15 calendar days of receipt of the treatment plan, FEMA may direct Recipient to implement the treatment plan. If either the Council or the SHPO object, Recipient shall not proceed with the project until the objection is resolved. (6) Recipient shall notify the Department and FEMA as soon as practicable: (a) of any changes in the approved scope of work for a National Register eligible or listed property; (b) of all changes to a project that may result in a supplemental DSR or modify an H_MGP project for a National Register eligible or listed property; (c) if it appears that a project funded under this Agreement will affect a previously unidentified property that ma>, be eligible for inclusion in the National Register or affect a known historic property in an unanticipated manner. Recipient acknowledges that FEMA may require Recipient to stop construction in the vicinity of the discovery of a previously unidentified property that may be eligible for inclusion in the National Register or upon learning that construction ma5' affect a known historic property in an unanticipated manner. Recipient further acknowledges that FEMA may require Recipient to take all reasonable measures to avoid or minimize harm to such property until FEMA concludes consultation with the SHPO. Recipient also acknowledges that FEMA will require, and Recipient shall comply with, modifications to the project scope of work necessary to implement recommendations to address the project and the property. (7) Recipient acknowledges that, unless FEMA specifically stipulates otherwise, it shall not receive funding for projects when, with intent to avoid the requirements of the PA or the NHPA, Recipient intentionally and significantly adversely affects a historic property, or having the legal power to prevent it, allowed such significant adverse affect to occur. (n) It will comply with Title IX of the Education Amendments of 1972, as amended (20 U.S.C.: 1681-1683 and 1685 - 1686) which prohibits discrimination on the basis of sex; 30 No~ SEP 2 4 2OO2 (o) It will comply with the Comprehensive Alcohol Abuse and Alcoholism Prevention, ~_ Treatment and Rehabilitation Act of 1970, (42 U.S.C. 4521-45-94) relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (p) It will comply with 523 and 52'7 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (q) It will comply with Lead-Based Paint Poison Prevention Act (42 U.S.C.: 4821 et seq.) which prohibits the use of lead based paint in construction of rehabilitation or residential structures; (r) It will comply with the Energy Policy and Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422), and the provisions of the state Energy Conservation Plan adopted pursuant thereto; (s) It will comply with the Laboratory Animal Welfare Act of 1966, 7 U.S.C. 2131-2159, pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by an award of assistance under this agreement; (t) It will comply with Title ViTr of the Civil Rights Act of 1968, 42 U.S.C. 2000c and 42 3601-3619, as amended, relating to non-discrimination in the sa/e, rental, or financing of housing, and Title VI of the Civil Rights Act of 1964 (P.L. 88-352), which prohibits discrimination on the basis of race, color or nation origin; (u) It will comply with the Clean Air Act of 1955, as amended, 42 U.S.C. 7401-7642; (v) It will comply with the Clean Water Act of 1977, as amended, 42 U.S.C. 7419-7626; (w) It will comply with the Endangered Species Act of 1973, 16 U.S.C. 1531-1544; (x) It will comply with the Intergovernmental Personnel Act of 1970, 42 U.S.C. 4728-4763; (y) It will assist the awarding agency in assuring compliance with the National Historic Preservation Act of 1966, as amended, 16 U.S.C. 270; (z) It will comply with environmental standards which may be prescribed pursuant to the National Environmental Policy Act of 1969, 42 U.S.C. 4321-4347; 31 AGEI~JP&,~,TEM No. /ED ~ l~,~l SEP 2 2002 Pg. ,,~ (aa) It will assist the awarding agency in assuring compliance with the Preservation of Archeological and Historical Preservation Act of 1966, 16 U.S.C. 469a, et seq; (bb) It will comply with the Rehabilitation Act of 1973, Section 504, 29 U.S.C. 794, regarding non-discrimination; (cc) It will comply with the environmental standards which may be prescribed pursuant to the Safe Drinking Water Act of 1974, 42 U.S.C. 300f-300j, regarding the protection of underground water sources; (dd) It will comply with the requirements of Titles I1 and 171 of the Uniform Relocation Assistance and Property Acquisition Policies Act of 1970, 42 U.S.C. 4621-4638, which provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs; (ee) It will comply with the Wild and Scenic Rivers Act of 1968, 16 U.S.C. 1271-1287, related to protecting components or potential components of the national wild and scenic rivers system; (fO It will comply with the following Executive Orders: EO 11514 (NEPA); EO 11738 (violating facilities); EO 11988 (Floodplain Management); EO 11990 C~Vetlands); and EO 12898 (Environmental Justice); (gg) It will comply with the Coastal Barrier Resources Act of 1977, 16 U.S.C. 3510; (hr) It will assure project consistency with the approved State program developed under the Coastal Zone Management Act of 1972, 16 U.S.C. 1451-1464; and (ii) It will comply with the Fish and Wildlife Coordination Act of 1958; 16 U.S.C. 661-666. (jj) With respect to demolition activities, it will: 1. Create and make available documentation sufficient to demonstrate that the Recipient and its demolition contractor have sufficient manpower and equipment to comply with the obligations as outlined in this Agreement. 2. Return the property to its natural state as though no improvements had ever been contained them on. Ag D 32 Uo.~~_~ SEP 2 6 2002 3. Furnish documentation of all qualified personnel, licences and all equipment necessary to inspect buildings located in Recipient's jurisdiction to detect the presence of asbestos and lead in accordance with requirements of the U. S. Environmental Protection Agency the Florida Department of Environmental Protection and the County Health Department. 4. Provide documentation of the inspection results for each structure to indicate: a. Safety Hazards Present b. Health Hazards Present c. Hazardous Materials Present 5. Provide supervision over contractors or employees employed by Recipient to remove asbestos and lead from demolished or otherwise applicable structures. 6. Leave the demolished site clean, level and free of debris. 7. Notify the Department promptly of any unusual existing condition which hampers the contractors work. 8. Obtain all required permits. 9. Provide addresses and marked maps for each site where water wells or septic tanks are to be closed along with the number of wells located on each site. 10. Comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plan issued in compliance with the Energy Policy and Conservation Act ( Public Law 94 -163). 11. Comply with all applicable standards, orders, or requirements issued under Section 306 of the Clean Air Act [42 U.S.C. 1857(h)], Section 508 of the Clean Water Act (33 U.S. 1368), Executive Order 11738, and the U.S. Environmental Protection Agency regulations (40 C.F.R. Part 15). This clause shall be added to any subcontracts. 12. Provide documentation of public notices for demolition activities. 1 RESOLUTION NO. 02 - 2 3 4 RESOLUTION AUTHORIZING THE EXECUTION AND ACCEPTANCE OF AN 5 AGREEMENT BETWEEN THE FLORIDA DEPARTMENT OF COMMUNITY 6 AFFAIRS AND COLLIER COUNTY REGARDING EMERGENCY 7 MANAGEMENT PROGRAM ENHANCEMENT 8 9 10 WHEREAS, the State of Florida Department of Community Affairs has funds 11 available for Collier County to spend for emergency management program enhancements 12 and, subject to execution of a Grant Agreement between the State and the County, is 13 authorized to disburse Grant funds to Collier County; and 14 15 WHEREAS, the State, by means of proposed Grant Agreement #03BG-04-09-21- 16 01-011 is agreeing to provide, by means of reimbursement for costs incurred by the 17 County in the satisfactory performance of that Agreement, up to $105,806.00 for items of 18 performance agreed to in said Agreement; and 19 20 WHEREAS, the Board of County Commissioners of Collier County agree that 21 performance of the subject Agreement is in the best interest of Collier County; 22 23 NOW, THEREFORE BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA that the board approve the 25 Agreement #03BG-04-09-21-01-011 between the State of Florida Department of 26 Commurfity Affairs and Collier County as presented to the Board for review, and hereby 27 authorizes the Board's Chairman to execute the Agreement on behalf of Collier CounS'. 28 29 This Resolution adopted after motion, second and majority vote in favor of 30 adoption this day of ,2002. 31 32 33 34 35 BOARD OF COUNTY COMMISSIONERS, 36 COLLIER COUNTY, FLORIDA 37 38 39 By: 40 James N. Colerta, Chairman 41 42 43 44 ATTEST: 45 Dwight E. Brock, Clerk 46 47 48 By: 49 Deputy Clerk 50 51 52 53 Approved as to Form and Legal Sufficiency: 54 57 county ^ omey EXECUTIVE SUMMARY APPROVE A TRANSPORTATION SERVICE AGREEMENT BETWEEN NCH HEALTHCARE SYSTEM, INC. AND COLLIER COUNTY FOR A DEDICATED INTERFACILITY TRANSPORT AMBULANCE AT NO COST TO THE COUNTY OBJECTIVE: Request the Board of County Commissioners approve a Service Agreement between the NCH Healthcare System, Inc. and Collier County for a professional health care transportation service for the transfer of patients between Naples Community and North Collier hospitals. CONSIDERATION: The NCH Healthcare System Transportation Service Agreement will provide for the operation and funding for a dedicated advanced life support ambulance for transferring non-emergency patents from one NCH facility to another. Currently, Collier County EMS provides this service through utilizing front line Advanced Life Support (ALS) ambulances. This Service Agreement, once implemented, will result in the reduction of front line dedicated ALS ambulances transferring interfacility patients allowing them to be available for emergency calls and reducing response times throughout the County. Per the Agreement, NCH Healthcare System, Inc. shall provide housing and one [1] NCH Paramedic/EMT for the dedicated ambulance. Additionally, NCH Healthcare System, Inc. will provide funding for the employment of three [3] additional Collier County EMS employees and estimated operational costs incurred by the County. Collier County EMS shall provide one [1] licensed, equipped and maintained Advanced Life Support ambulance and one [1] Collier County Certified Paramedic to work in conjunction with the NCH personnel twenty four [24] hours a day, seven [7] days a week. three hundred and sixty five [365] days a year. FISCAL IMPACT: The estimated annual cost to provide this service includes three [3] additional full-time Paramedic positions with benefits - $139,500, vacation and sick time coverage - $10,000, motor pool, fuel and capital recovery - $30,000 and operating costs - $20,000, totaling $199,500 allocated from Fund 490 / Fiscal 2002-2003. This cost will be recovered by the contracted fee from NCH Healthcare System, Inc. of $199,980, billed over 12 equal installments throughout the term of the Agreement. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact ~ssociated with this Executive Summery. RECOMMENDATION: The Board of County Commissioners approve the Transportation Service Agreement between NCH Healthcare System, Inc. and Collier County for a dedicated interfacility transport ambulance. PREPARED BY: _~~x~~ Date: q~ I~'~ Dan Bo~-'~, Captain Emergency Medical Services Department SUBMITTED BY: ~/',,/, //~Q~.t Date: q//7/~2_ Jeff P~t~,4~ector gfOperations Emergency Medical Services Department APPROVED BY:'~ ~:/.. ~. ,::..., Date: 'z' Kchmeth F. Pineau Interim Administrator, Emergency Services Division 2002 NCH HEALTHCARE SYSTEM TRANSPORTATION SERVICE AGREEMENT THIS AGREEMENT is made and entered into this i ~f' day of t~-4~}, ~'~ , 2002, by and between COLLIER COUNTY, a political subdivision of the State of Florida, hereinafter referred to as (COUNTY) and NCH HEALTHCARE SYSTEM, INC., hereinafter referred to as "NCH", effective ~t~./,~ ~ ,2002, (hereinafter referred to as the "Effective Date"). RECITALS: WHEREAS, NCH desires to obtain professional health care transportation services for the transfer of patients between NCH facilities by entering into an Agreement with the COUNTY; and WHEREAS, the COUNTY desires to provide such services and has the necessary equipment, training, expertise, professional certifications and licenses to do so; and WHEREAS, the Agreement results in a benefit to the COLrNTY, by reducing response times for transports and providing funding for the employment of three [3] additional EMS employees; and NOW, THEREFORE, in consideration of the foregoing recitals, mutual covenants and promises, and provisions set forth herein and for good and valuable consideration, the receipt and sufficiency of which is hereby ac 'knowledged, the parties agree as follows: WITNESSETH: ARTICLE I RESPONSIBILITIES OF COUNTY 1.1 Provision of Services. COUNTY agrees to provide NCH with ambulance transport services pursuant to the terms and conditions set forth in this Agreement. The COUNTY shall provide one [ 1 ] ambulance [hereinafter referred to as the "Dedicated Ambulance"] pursuant to this Agreement, staffed with one [1] COUNTY Certified Paramedic [hereinafter referred to as the "Dedicated Paramedic"] to exclusively service the needs of NCH as follows: 1.1.1. The Dedicated Ambulance shall service the needs of the North Collier and Naples Community Hospitals [hereinafter referred to as the "NCH Facilities"] by providing patient transports Twenty Four [24] hours a day, seven [7] days a week, three hundred and sixty five [365] days a year. 1.1.2. The COUNTY EMS Department will license and equip this vehicle as an Advanced Life Support transport unit under the Board of County Commissioner's authority pursuant to Chapter 401, Fla. Stat. And Subtitle 64E-2, Fla. Admin. Code. 'l~, ! SEP 2 q 20112 1 pg. ~.~ 1.1.3. The Dedicated Paramedic shall be stationed out of the North Collier Hospital and will work in conjunction with NCH personnel to transport patients between NCH Facilities twenty-four [24] hours a day, seven [7] days a week, three hundred and sixty five [365] days a year. 1.1.4. The COUNTY shall be responsible for all routine maintenance and repairs to the Dedicated Ambulance, and it shall remain the property of Collier County. 1.2 Timeliness of Services. COUNTY shall provide all health care transportation services on a timely basis, determined as follows: 1.2.1. The Dedicated Ambulance shall be scheduled and dispatched by designated NCH personnel. The dedicated Ambulance shall not provide stervices for any facility or patient except as provided in paragraph 1.1.1 and,2.~.. 1.3 Disaster Services. In the event of a major disaster requil']ng the evacuation of NCH's facilities, COUNTY shall, subject to equipment and manpower availability, utilize its resources to provide NCH support and patient transportation based upon the current COUNTY ambulance user fee- billing ordinance at time of service. 1.4 Confidentiality. COUNTY shall maintain confidentiality of client information acquired in the course of providing services, and shall not release such information without prior written authorization from a representative of NCH or other~vise in accordance with any applicable law, rule or regulation. 1.5 Certifications and Licenses. The COUNTY's EMS Department, in coordination with NCH, shall be responsible for verifying that the Paramedic/EMT's employed by NCH, and assigned to the Dedicated Ambulance, meet all requirements for certifications and licensure as required by Florida Statutes. 1.6 Client Notification. COUNTY shall keep NCH informed of its policies, procedures and activities relevant to COUNTY's obligations under this Agreement, and shall meet with representatives of NCH on a regular basis to review procedures, policies, quality and timeliness of services. 1.7 Insurance. COUNTY shall maintain, at its own expense, professional liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY shall maintain, at its own expense, comprehensive general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. COUNTY agrees to furnish Hospital with satisfactory evidence of such insurance upon request. COUNTY shall immediately advise NCH of any termination of such insurance or any reduction in the amount of such insurance. SEP 2 4 2002 Pg. ~/' 2 .8 Billing. For all services provided by the Dedicated Ambulance, NCH shall pay the COUNTY the total sum of One Hundred Ninety-Nine Thousand Nine Hundred Eighty Dollars [$199,980.00] during the term of this agreement. This sum will be paid in twelve [12] equal monthly payments of Sixteen Thousand Six Hundred Sixty-Five Dollars [$16,665.00] with the first payment being due on ,2002. COUNTY shall not bill Medicare, Medicaid, third party payors, or the patient for any charges for transports provided by the Dedicated Ambulance pursuant to paragraph 1.1 above. .9 NCH shall pay the COUNTY for all ambulance services provided by the COUNTY to NCH for transfers from Marco Island Urgent Care Center and additional inter-facility transfers requested by NCH outside the scope described under paragraph 1.1 above. 1.10 For all patients for which the NCH Facilities are responsible for payment, COUNTY shall invoice NCH on a monthly basis, each invoice reflecting the total amount due for the previous month's service. Invoices will also delineate the type of service provided; points of pick-up and discharge; date and time service was requested, pick-up time; distance of transport; added charges, if any; and NCH's authorization or reference number for each transport, if available. These rates shall be based upon the current COUNTY ambulance user fee-billing ordinance at time of service. 1.11 Availability of Records. COUNTY shall make any and all records related to this Agreement available for inspection and/or audit upon request by NCH. 1.12 Equipment Records. COUNTY shall document the receipt of any NCH equipment necessary for the convenient transfer of patients, assume custody for such during the transfer, and return such to the appropriate department as soon as practicable after the transfer. 1.13 Patient Valuables. COUNTY shall document the receipt of patient valuables, assure custody for such upon receipt, and deliver such to a responsible party at the receiving facility. 1.14 Documentation Records. COUNTY shall retain all records pertaining to this Agreement for a period of four [4] years after furnishing services as described herein. Upon request, the COUNTY shall provide to the Secretary of Health and Human Services or the Comptroller General or any of their duly authorized representatives, the Copies of the Agreement, books, documents, and records necessary to certify the nature, extent, and cost of any provided service. 1.14.1 Any provision of this Agreement performed under a sub contractual agreement valued at Ten Thousand Dollars [$10,000.00] or more over a 12-month period shall also be retained for a period of four [4] years following receipt of services, and COUNTY shall afford the Secretary of Health and Human Services or the Comptroller General access to the sub contractual agreement, as well as to the subcontractor's books, documents and records necessary to verify the nature, extent and costs of the subcontract. 1.15 Patient's Right For Ambulance Service. COUNTY does not discriminate in the provision covered medical services hereunder, whether on the basis of a person's age, sex, marital status, sexual orientation, race, color, religion, ancestry, national origin, disability, ~aad:~,:t~fl~q~l~r./~tatual or other unlawful basis including, without limitation, the filing by a person of any complainl grievance or legal action against NCH, COUNTY or a payor. ARTICLE II NCH RESPONSIBILITIES 2.1 A.m'eement to Meet. NCH agrees to meet with representatives of COUNTY on a regular basis, mutually acceptable times, to review policies, procedures, and quality issues. 2.2 Timeliness of Payment. When acting in the capacity of guarantor of payment or when directl .respo. nsible, NCH shall reimburse COUNTY within ~ days from date of receipt ~nvo,ce. M~~ ae~s~~~d to~thi 2.3 NCH will have at all t~mes at least one Paramedm/E Dedicated Ambulanc who will meet all requirements for certification and licensure as required by Florida Law. 2.4 Exclusive Provider. NCH agrees to utilize COUNTY as the exclusive ALS or BLS license provider for any medical transportation services that are to be provided between NCH Facilitie requiring medical intervention when an actual representative of NCH requests these service within Collier County. 2.5 Disaster Services. In the event of a major disaster requiring the need for additional EMS transpo: units, NCH will allow the cOLrNTY, upon a request by the COUNTY to utilize the sup¢lie Dedicated Ambulance as a resource to provide EMS departmental support and t r transportation. 2.6 NCH will provide the location for housing the Dedicated Ambulance and in the event mate~ damage has been done to the vehicle, notify C~)UNTY immediately, but in no event later than ~ F_..~ hour~after~any inc, ident. ~ ~ 2.7 Insurance: NCH shall maintain at its own expense, professional liability insurance in amoun' equal to at least One Million Dollars [$1,000,000.00] for each claim and Three Million Dollm [$3,000,000.00] annual in the aggregate. NCH shall maintain, at its own expense, comprehensi'~ general liability insurance in amounts equal to at least One Million Dollars [$1,000,000.00] f( each claim and Three Million Dollars [$3,000,000.00] annual in the aggregate. NCH agrees 1 furnish COUNTY with satisfactory evidence of such insurance upon request and name COUNT' as an additional insured on the Certificate of Insurance. NCH shall immediately advise COUNT' of any termination of such insurance or any reduction in the amount of such insurance. 2.8 NCH Paramedics and/or EMTs assigned to this unit will meet the same requirements and perfon under the same medical protocol, standard operating procedures, quality assurance pro,an general orders and chain of command as employees of the COUNTY EMS Department. AGENDA ITEM No. // I~t SEP 2 2002 ARTICLE III TERM AND TERMINATION 3.1 Term. The term of this Agreement shall commence on the date the COUNTY executes the Agreement and shall continue for a period of one [1] year. This Agreement may be extended for successive one [1] year terms upon the mutual assent of both NCH and COUNTY. NCH and COUNTY shall annually review the COUNTY's personnel costs, operational and the capital recovery costs associated with providing these services for adjustments within Sixty [60] days of the Agreement anniversary date. 3.2 Termination. Either party by giving the other party~Thirty [30] day's advance written notice, may terminate this Agreement at any time. ARTICLE IV OTHER PROVISIONS 4.1 Compliance with Applicable Laws. Rules, and Remflations. All services furnished by COUNTY and NCH shall be rendered in full compliance with all applicable Federal, State and local laws, rules, and regulations. It shall be COUNTY's sole responsibility to determine which laws, rules, and regulations apply to the services it renders under this Agreement. NCH shall be responsible for complying with all laws, rules and regulations pertaining to an5' service it renders under this Agreement. -- 4.2 Third Party Billing Information. NCH and COUNTY will use their best efforts to assist each other in obtaining patient and/or third party billing information. Each party shall cooperate with the other part>' in providing this information. 4.3 COUNTY's Responsibility for Claims: COUNTY hereby agrees, without waiver of its sovereign immunity limits, to the elct~nt perl;piss, jblg,~r~u..a_nt,..t.p,~r' .d/.~ S,~tt~s3~S_~e~:ti~g~6,8.28 and other apphcable Florida Law,~[o ~e rel/~lns~'l'~e for ~e neg~"~'f[t ['~ of' ~t s e?ffp'l'oyffaT6r dama=es, losses, liabilities fines, penalties, costs and expenses, [including, reasonable attorneys fees] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from personal injury to any person, or the damage to any property, arising or alleged to have arisen out of any of the COUNTY's negligent acts or omissions related to the performance of this Agreement. 4.4 Indenmification by NCH: NCH hereby agrees to indemnify and hold harmless, COUNTY, its Commissioners, their officers, directors, and employees for, from and against all damages, losses, liabilities [absolute and contingent], fines, penalties, costs and expenses [including, without limitation, reasonable attorneys fees, costs or expenses incurred in the investigation, defense or settlement of any claim covered by this indemnity] with respect to or arising out of any demand, claim, investigation or action of any kind or nature resulting from the personal injury to any person [including death], or the damage to any property, arising or alleged to have arisen out of any act or omission of NCH, its officers, directors, employees or agents, related to the performance of this Agreement. No.AG~,~I~Df~J,TF_iMj SEP 2 P~I. ~ 5 ARTICLE V MISCELLANEOUS PROVISIONS 5.1 Independent Contractor. It is understood and agreed that the personnel of COUNTY and NCH shall not be considered agents or employees of the other and shall not be under the supervision, management, direction or control of the other in the performance of their duties, except as identified under paragraph 1.1 above, and except as may be required by Florida Department of Health Services rules and regulations, if applicable. The employees of each party are not entitled to any of the benefits that the other party provides for its employees. 5.2 Governing Law. This Agreement shall be subject to and governed according to the laws of the State of Florida 5.3 Bindin~ Effect. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto, their respective successors, assigns or other legal representatives. 5.4 Assienment. No right or obligation hereunder may in any way whatsoever be assigned or delegated to a third party without the express prior written consent of the other party hereto, and any attempted assignment without such consent shall be considered null and void. Not~vithstanding the above, this Agreement, or any or all of the services required herein, may be assigned, or subcontracted to any of COUNTY's affiliates. · 5.5 Leeal Fees. In the event either party brings any action for any relief, declaratory or otherwise, arising out of this A~eement, or on account of any breach or default hereof, the prevailing part5: shall be entitled to receive from the other party, reasonable attorneys' fees, costs, and expenses related to such action. 5.6 Severability. If any portion or portions of this Agreement shall be for any reason invalid or unenforceable, the remaining portion[s] shall be valid and enforceable and carried into effect unless to do so would clearly violate the present legal and valid intention of the parties hereto. 5.7 Notices. Any notice required or permitted to be given pursuant to any provisions of this Agreement shall be given in writing, and either delivered in person, by electronic transmission, deposited in the United States mail, postage pre-paid, registered or certified mail, return receipt requested, properly addressed, or by a nationally recognized overnight courier service, to the following addresses: Collier County Government Center NCH Healthcare Systems 3301 E. Tamiami Trail 350 Seventh Street North Naples, Fl. 34112 Naples, Fl. 34102 Attn.: Leo Ochs, Deputy County Manager Attn.: .~l,~t~tS.-~:m, CFO _ . t Either party with proper notice as listed above can change the notification addresses listed above. SEP 2 4 2002 5.8 Entire A~eement. This Agreement constitutes the entire agreement and understanding between - the parties with respect to the subject matter hereof and supersedes any previous agreement or understanding, whether oral or otherwise. No modification of this Agreement shall be valid unless in writing and signed by each of the parties hereto. 5.9 Counterparts. This Agreement may be executed in several counterparts, each of which shall be an original, but all of which shall constitute one and the same instrument. 5.10 Reports. COUNTY agrees to provide NCH a monthly report of the services provided to NCH under tie terms of this Agreement. The report shall detail at least the following information: · Date and time service was requested · Time provider arrived at the scene · Identity of the agency providing the service · Identity of specific provider representatives providing services NCH agrees to provide COUNTY with a monthly report of the requests for services made to the COUNTY, including: · Date and time of request and identity of person making request. · Nature of ser¥ices requested and services rendered. · Identity of persons responding to request. · Date and time of response to request. 5.11 Dispute Resolution. If a dispute arises an~ong the parties in connection with this Agreement, or any instruments delivered in connection herewith, including without limitation an alleged breach of any representation, warranty or covenant herein or therein, or a disagreement regarding the interpretation of any provision hereof or thereof [the "Dispute"], the parties agree to use the folloxving procedure in good faith prior to any party pursuing other available judicial or non- judicial remedies: a. Collier County Alternative Dispute Resolution Procedure which is attached as Exhibit IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their authorized representatives on the day and year first above written. ATTEST: BOARD OF COUNTY COMMISSIONERS OF DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA By: Deputy Clerk James N. Coletta, Chairman SEP 2 2002 Approved as to form and legal Sufficiency: sC-q"~lin~ Hubbard Robinson sistant County Attorney AtlZH HEALTHCARE SYSTEM, :~.,,~ c, t .CF0 AGE N DAJ,T~tiVI I SEP 2 4 2002. pg. /(~ 8 EXHIBIT "A" COLLIER COUNTY ALTERNATIVE DISPUTE RESOLUTION PROCEDUR_ES BETWEEN COLLIER COUNTY' AND NCH HEALTHCARE SYSTEM, INC. 1. INTRODUCTION: Florida law provides that written arbitration agreements are valid, irrevocable and enforceable. Unless otherwise provided for herein, the provisions of Florida Statutes, Chapter 682.01 et seq. shall be controlling. These provisions provide a mechanism to resolve claims or disputes that could potentially lead to litigation in contract disputes. The object is to attempt to settle claims by mutual agreement or to make a good faith effort to settle claims and disputes prior to litigation in court. The methods involve binding arbitration and pre-suit mediation. Arbitration is a quasi-judicial approach in which a dispute is resolved by a tier of fact after presentations by opposing parties. Its purpose is the speedy and economical resolution of disputes. Arbitration is traditionally a less formal process than court litigation. Mediation is a method used to settle disputes using an impartial person ~vho listens to presentation by both sides and facilitates settlement negotiations between the parties. Collier County will utilize the Twentieth Judicial Circuit Court Mediation and Arbitration Program, [hereinafter "Court Program"], to facilitate these procedures. 2. DEFINITIONS: 2.1 Claim: A demand by a party to a contract for an equitable resolution of a legal claim for damages under the contract. A claim should cover all unresolved disputes existing at the time of presentation to arbitration or mediation. 2.2 Evidence: Oral testimony, written or printed material or other things presented to the arbitrator[s] or mediator[s] as proof of the existence or nonexistence of a pertinent fact. 3. JURISDICTION: 3.1 A claim that does not exceed $250,000.00, excluding interest claimed, shall be submitted to binding arbitration. The parties may, by mutual consent, agree to a one-person or single arbitrator panel. Aggregate claims may total more than $250,000.00 for binding arbitration, but no single claim may exceed that amount. 3.2 A claim in excess of $250,000.00 brought pursuant to a contract with the county shall be submitted to mediation or binding arbitration if voluntarily agreed to by all parties. All claims less than $250,000.00 and all non-monetary claims brought pursuant to a contract with the county must be submitted to binding arbitration. No.AGENDiDiDi~TE~M_~ SEP 2 2002 9 .o. // 3.3 Prior to the institution of any litigation in a circuit court against Collier County, this Dispute Resolution process must be initiated. 3.4 Once the dispute resolution procedure has been initiated, a court of law may not consider the issues involved in the claim(s) until the dispute resolution process has been completed. 3.5 The claim must be a dispute between the County and NCH. 3.6 The claim must be related to issues in dispute, which have been previously submitted in good faith to the County pursuant to this procedure and could not be resolved by negotiation. 3.8 Pendency of a claim or arbitration or mediation of a dispute shall not be a basis for delay of the party's performance under the contract. 4. INITIATING DISPUTE RESOLUTION PROCEDURE: 4.1 Either party shall initiate a request for mediation or arbitration within thirty (30) calendar days after a denial of the claim after negotiation by County staff or no later than forty-five (45) calendar days after knowledge of a claim by claimant. In any event, no claim shall be made after the date when institution of legal or equitable proceedings based on such claims would be barred by the applicable statute of limitations. 4.2 Upon request, the County will make available to any party wishing to initiate arbitration or mediation, a procedural package containing the necessary forms. The forms shall inclur' '? Notice of Claim, a Request for Negotiation, a Request for Arbitration and a Request Mediation. The County's Purchasing Department shall have these forms available and they will be included in the County's bid package. 4.3 Either party to the contract may initiate arbitration or mediation of a claim by submitting a Request for Arbitration or a Request for Mediation Claim Form to the Purchasing Department. The initiating party must indicate on the form whether or not they will be represented by counsel during the hearing and may indicate a desire to resolve the claim based solely on a submittal of documents by the parties with no hearing. 4.4 The Claim Form shall be accompanied by: a. A brief summary of the nature of the dispute involved in each part of the claim. b. The amount of compensation being requested for each part of the claim along with supporting information. c. Copies of additional written information, not previously submitted under Section 3 including exhibits, intended to be used during the heating to support the claim, excluding the contract documents. It is suggested that information be assembled in a tabbed notebook for ease of reference. ,., I g,~t ] SEP 2 q 200 -- d. Contract Time analysis if a Release of Liquidated Damages is included in the claim. e. No nexv or different claim, other than a change in the amount claimed, will be allowed once the time and date for the heating has been set. f. If the arbitration panel or mediator determines that information known to a person not in attendance at the heating or the mediation is essential to arriving at its decision or for the fair exercise of the mediation process, he or she may obtain a written affidavit from that person and enter such statement into the record. 5. ADMINISTRATION OF ARBITRATION: 5.1 The respondent shall prepare a rebuttal to the claim and furnish a copy to the party requesting arbitration and to each of the members of the panel so that it is received at least fourteen (14) calendar days prior to the date scheduled for the heating. 5.2 The County shall set a time and date for an arbitration hearing within 21 calendar days after receipt of the Request. In scheduling the time allotted for a hearing for complex claims, consideration will be given to the need for the ~eater amount of testimony or other information required in order for the arbitrators to gain a complete understanding of the issues, and if a party requests additional time, the arbitrators selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the ~ arbitrators no later than 48-hours prior to the commencement of the hearing. Once arbitration has begun, it may only be continued in 24 - hour increments. 5.3 The parties are expected to cooperate fully with each other in exchanging information prior to the heating. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations betxveen them prior to arbitration being initiated. In any event, a full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the hearing. Generally, introduction of documents will not be allowed during the hearing which have not been previously been revealed to the other part3,. 5.4 Depositions and interrogatories will not be allowed except upon an order from the arbitrators to take sworn testimony of an unavailable witness. 6. INVOLVEMENT OF ATTORNEYS IN AN ARBITRATION HEARING: Counsel or another person who has sufficient authority to bind that party at any hearing may represent a party. A court reporter will be present, unless waived by both parties. a. The hearing will be informal and involvement of attorneys, if desired, is expected to be minimal. AGEhlDAJ-TEM t SEP 2 q 2002 Po. 11 b. The parties shall have full opportunity to offer such evidence as is relevant and material to the dispute. c. Unnecessary extensive examination or cross-examination or extensive argument of legal points by attorneys representing the parties will not be permitted. The arbitrators may limit examination and argument as they deem appropriate. 7. CONDUCT OF EVIDENTIARY HEARING IN ARBITRATION: 7.1 The County or court reporter if present shall administer an oath to all persons who are to testify during the hearing. 7.2 Documents will be accepted and identified for the record. 7.3 Distinct and severable parts of a claim may be dealt with separately. 7.4 The order of proceeding will be for the party initiating arbitration to first present evidence to support their claim. At the beginning of their initial presentation, a party shall present a succinct statement of the issues and a position on each issue. Orderly discussion betxveen the parties as evidence is presented will be allowed. 7.5 Reasonable attempts xvill be made to assure that all relevant evidence necessary to an understanding of the disputed issues and of value in resolving the claim is heard and that each party has the opportunity to adequately rebut all arguments and evidence submitted. arbitration panel will be the sole judge of the relevance and matedality of evidence offer¢ 7.6 Conformance to legal rules of evidence shall not be necessaD'. 7.7 Members of the arbitration panel may ask questions of the parties for the purpose of clarification. 7.8 If substantial new information is submitted during a hearing, which the arbitration panel deems places the other party at a severe disadvantage because of inability to develop an adequate rebuttal, the panel may elect to extend the heating to a later date as previously set forth herein. a. A stenographic record of any heatings by a Certified Court Reporter or any previously recorded testimony or document prepared under oath, such as an affidavit is admissible. b. Each party shall bear an equal share of the cost of the arbitration panel. c. Each party shall pay its own costs and attorney fees. d. All arbitration shall be concluded within one-half (1/2) day and all mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8. ADMI2,,rlSTRATION OF MEDIATION: 8.1 The respondent shall prepare a mediation summary regarding the claim and furnish a copy to the party requesting mediation and to the mediator so that it is received at least fourteen (14) calendar days prior to the date scheduled for the mediation. 8.2 The County shall set a time and date for the mediation within 21 calendar days after receipt of the Request. In scheduling the time allotted for complex claims, consideration will be given to the need for a greater amount of information required in order for the mediator to gain a complete understanding of the issues, and if a party requests additional time, the mediator selected may continue the matter in 7-calendar day increments. A request for a continuance must be submitted to the mediator no later than 48-hours pr/or to the commencement of the mediation. Once mediation has begun, it may only be continued in 24 - hour increments. 8.3 The parties are expected to cooperate fully with each other in exchanging information. In general, it is expected that the parties will have exchanged all documents relating to the claim during negotiations betxveen them prior to mediation. In any event, full exchange of documents shall be completed no later than seven (7) calendar days prior to the date set for the mediation. 8.4 Each party shall bear an equal share of the cost of the mediator. 8.5 Each party shall pay its own costs and attorney fees. 8.6 All mediation shall be conducted within one (1) day unless continued pursuant to the provisions of Section 5.2 herein. 8.7 If a party fails to appear at a duly noticed mediation without good cause it shall bear the costs of the mediator, attorneys' fees and other costs. The County or any other public entity required to conduct its business pursuant to Florida Statutes, chapter 286, that party shall be deemed to appear at a mediation conference by the physical presence of a representative with authority to negotiate on behalf of the entity and to recommend settlement to the appropriate decision-making body of the entity. 8.8 A party is deemed to appear if the party or its representative having full authority to settle without further consultation, the party's counsel or a representative of the insurance carrier who has full authority to settle up to the amount of the claimant's last demand or policy limits, whichever is less, without further consultation. 8.9 The mediator shall at all times be in control of the mediation and the procedures to be followed in the mediation. /ti, pt [ SEP 2002' 13 8.10 Counsel shall be permitted to communicate privately with their clients. In the discretion of the mediator, mediation may proceed in the absence of counsel. 8.11 The mediator may meet and consult privately with any party or parties or their counsel, if any. 8.12 If a partial or final agreement is reached, it shall be reduced to writing and signed by the parties and their counsel, if any. 8.13 If the parties do not reach an agreement as to any matter as a result of mediation, the mediator shall prepare and distribute to each party a report indicating the lack of an agreement without comment or recommendation. With the consent of the parties, the mediator's report may also identify the outstanding legal issues or other action by any party that, if resolved or completed, would facilitate the possibility of a settlement. 9. COMPENSATION OF THE ARBITRATION PANEL OR MEDIATOR: Arbitrators and Mediators shall be paid at the rate of $150.00 an hour, or the current rate for the Court program. An additional fee of 25% shall be payable to the Court Program for administration of any arbitration, but shall not be assessed for a mediation. The parties shall equally share all costs and shall remit all charges to the Court Program upon the conclusion of the ADR Process. 10. MEMBERSH~: 10.1 The Arbitration Panel will consist of one member selected by the County and one member selected by NCH, unless the parties agree to utilize the Court Program's arbitrators. The Court Program will select the third member of any panel and the third member will act as Chairman for all panel activities. Any single arbitrator will be selected through the Court Program. 10.2 All mediators and the Chair of any arbitration panel shall appear on the Court Program's list of persons approved to serve as mediators and arbitrators. 10.3 It is desirable that all arbitration panel members have experience xvith the type of contract involved in this project. 10.4 It is imperative that mediators and arbitration panel members show no partiality to either NCH or the County, nor have any conflict of interest. 10.5 The criteria and limitations for mediators and arbitration panel membership is as follows: a. The person[s] selected will not have any direct or indirect ownership or financial interest in NCH in any subcontractor or supplier of the project, nor in other panel members. Each panel member shall provide a statement of no known conflict. SEP 2 2002 14 b. No arbitrator or mediator shall have had any prior involvement in the project of a nature that could be construed to compromise his~her ability to impartially resolve disputes. c. No arbitrator or mediator will be employed by NCH or by any subcontractor or supplier of the project during the life of the Contract, except as a panel member or mediator. d. The Florida Rules of Court Rules 10.200 et seq., Part II of the Rules for Mediators and Part II of the Rules for Court Appointed Arbitrators shall apply, except Rule 11.110 and Rules 10.870 through 10.900. e. Rules 1.720(c), (d), and (e) of the Florida Rules of Civil Procedure governing mediation are incorporated herein. 11. MISCELLANEOUS PROVISIONS: a. Arbitrators and mediators shall be agents and employees of the County for purposes of tort immunity resulting fi.om any actions taken while conducting the hearing[s] or the mediation as long as these procedures are followed. Such status shall not create a conflict of interest. Prepared and Approved as to form and legal sufficiency: cqu~line Hu'bbar~d I~obinson ' sistant County Attorney SEP 2 q 2002 15 TEViE CHART FOR ADR: Within the Following Time Periods Following the Notice of Claim or the Date of the Occurrence Underlying the Claim, Whichever is First, the Following Matters Must Occur, JAil days are Calendar Days]: Up to 14 days after occurrence or Notice of Claim, [whichever is first]: The matter must be negotiated with County Staff. Within 7 days of receipt of Notice of Claim: Staff shall prepare a written rebuttal. Within 15 Days of Notice of Claim: Negotiation of dispute with County staff must be completed. Within 30 Days after Negotiations with County Staff ends or Within 45 days of the date of the occurrence: a Request for Arbitration or Mediation Must be Filed. After a Request for Arbitration or Mediation is Filed: Within 21 days: The Mediation or Arbitration shall be set including the names of the participants and all relevant claim documents fora, arded to the Mediator or Arbitrators. No Later Than 14 days prior to date of Mediation: A written rebuttal to any claim must be ser¥ed on opposing party and Mediator or Arbitrators. No Later Than 48 Hours Prior to the date of the Mediation or Arbitration: Any request for a continuance must be filed with the Arbitrators or Mediator with a copy to County Staff. Once Mediation or Arbitration begins it may be continued for only 24 hours at a time with the consent of the Arbitrators or Mediator. Within 14 days of conclusion of Arbitration or Mediation: Written decision must be issued indicating that a certain conclusion has been reached or an impasse entitling claimant to proceed to court litigation. Both parties must undertake all ADR proceedings in good faith. H/Jackie/Disput¢ Resolution Procedure SEP 2 2002 Pg. EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS (APPROPRIATING GRANTS, DONATION, CONTRIBUTIONS OR INSURANCE PROCEEDS) TO THE FISCAL YEAR 2001-02 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2001-02 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 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 Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2001-02 adopted budget. Prepared by: Michael Smykowski, OMB Director Approved By~ Date:_ ~/~0~----_ AGENDA ITEM No. SEP 2 q 200?.. Pg. I RESOLUTION NO. 02-BAR- 2 3 A RESOLUTION PURSUANT TO SECTION 129.06(2), FLORIDA 4 STATUTES, TO AMEND THE BUDGET FOR THE 2001/02 FISCAL YEAR. 5 6 WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County comrrussioners (hereinafter also 7 referred to as "Board") at any tmae within a fiscal year may amend a budget for that year, and provides the procedures therefor; 8 and 9 WHEREAS, the Board of County Commissioners of Colliex County, Florida, has received copies of budget amendments 10 which provide for but are not limited to: revenue from grants, donations or conu'ibutions, 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 15 COUNTY, FLORIDA, that the budget amendments to the 2001/02 FY Budget described below are approved and hereby adopted 16 and the 2001/02 FY Budget is so amended. 17 18 INCREASE 19 (DECREASE) 20 CARRY 21 FORWARD 22 BUDGET OR INCREASE INCREASE INCREASE EXPLANATION 23 AMENDMENT INTERFL~ (DECREASE) (DECREASE) (DECREASE) FOR 24 FUN~D NUMBERS TRANSFERS RECEIPT EXPENDITU1KE RESERVES APPROPRIATION 25 496 02-013 $3,250 $6,500 ($3,250) RecogmZe grant revenue. 26 491 02-014 $32,644 $37,344 ($4,700) Recognize grant revenue. 27 001 02-048 $15,885 $15,885 RecogmZe a donation for Sugden Park. 28 612 02-053 $100,000 $I00,000 RecogmZe a donation for new Main Library. 29 313 02-060 $155,282 $155,282 Recognize contribution for Bhiebill Ave. Sidewalk 30 001 02-070 $t 1,000 $11,000 Appropriate derelict vessel grant award. 31 001 02-089 $2,000 $2,000 Recogmze donation for a memorial bench. 32 126 ~02-054 $29,286 $29,286 Recogruze funds to purchase a u'ansit vehicle. 33 126 02-172 ; $112,200 $I 12,200 Recognize grant for Immokalee public transit route. 34 126 02-173 $268,075 $268,075 Recognize FDOT Block Grant for public u'ansporta6c 35 126 02-174 $48,786 $48,786 Recognize Transit planning Grant. 36 126 02-175 $978,868 $978,868 Recogmze Fed. Transit Admm. Grant. 37 126 02-176 $79,200 $79,200 Recognize grant to purchase 2 paratransit vehicles. 38 117 02-188 $7,000 $7,000 Recognize artificial reef grant funds. 39 116 02-191 $83,994 $83,994 Recognize funds for elections uaming. 40 123 02-193 $25,708 $25,708 Recognize grant fi.om Older Americans Act. 41 123 02-194 $27,901 $27,901 Recognize grant fxom Older Americans Act. 42 123 02-195 $166,405 $166,405 Recognize grant fi.om Older Americans Act. 43 123 02-196' ' $59,006 $59,006 Recognize grant fi.om Older Americans Act. 44 111 02-197 $9,686 $9,686 Recograze insurance proceeds to replace stolen mow~ 1 INCREASE 2 (DECRF.~E) 3 CARRY 4 FORWARD 5 BUDGET OR INCREASE INCREASE INCREASE EXPLANAT 6 AMENDMENT INTERFUN'D (DECREASE) (DECREASE) (DECREASE) ] 7 FUND NUMBERS TR.MNSFERS RECEIPT EXPENDITURE RESERVES APPROPR1AT 8 117 02-241 $46,000 $46,000 Re¢ogmZe dereli¢l vi 9 306 02-295 $153,290 $153,290 Recognize grant for Caxambas fuel spill clea 10 001 02-323 $2,000 $2,000 Recognize donation for memorial be 11 116 02-363 $1,500 $1,500 Recognize RSVP g~nt for ~'avel expex 12 496 02-366 $250,000 $250,000 Re¢og~ze grant for incubator prq 13 191 02-370 $2,838,900 $2,838,900 Recognize SHIP funds from S 14 126 02-415 $614,218 $614,218 Recognize M?O Planning Gram Federal FH 15 121 02-416 $2,159,000 $2,159,000 Recognize CDBG Entitlement FH 16 129 02.421 $51,455 $51,455 Recognize S~te Aid to libraries to purchase 17 123 02-460 $6,069 $6,069 Recogmze grant for home care for the eld, 18 123 02.461 $269,423 $269,423 Recognize gr~nt for in=home suppoxx serv- 19 123 02-462 $544 $544 RecogTM grant for AIzhe~rner's pati~ 20 522 02-475 $17,900 $17,900 Recogmze insurance proceeds to replace a ~ 21 22 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and dixected to spread this Resolution in full among the mmHt 23 of this meeting for permanent record in ~ office. 24 T~is Resolution adopted after moHon~ second and majority vote favoring same. 25 DATED: 26 27 A~ST: BOARD OF COUNTY COMMISSIONERS 28 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 29 30 31 By: By:. 32 Deputy Clerk J~nes N. Coletta, CI~wman 33 34 35 Approved ~s to form and 36 legal sufficiency: 41 Chief Assismm Cmmty Al~omey AGENDA SEP 2 2002 EXECUTIVE SUMMARY APPROVE A REQUEST TO RECLASS UNCOLLECTIBLE ACCOUNTS RECEIVABLE INCURRED BY THE AIRPORT AUTHORITY IN THE AMOUNT OF $7,704.07. OBJECTIVE: To obtain approval to reclassify accounts receivable as uncollectible. CONSIDERATIONS:. Close analysis of Accounts Receivable due the Airport Authority indicates that the following accounts should be reclassed as uncollectible. 1. Scott Chalice - Marco Executive Airport - $4,498.07 Mr. Chalice ran sightseeing tours from Marco Island Executive Airport, and the balance on his account is for the purchase of fuel from December 1998 thru September 1999. In September 2001, after Airport Authority efforts to collect the past due balance failed, the account was turned over to a collection agency. 2. Robert Gaede - Immokalee Regional Airport - $1,298.00 Mr. Gaede leased a T-Hangar in Immokalee from June 1996 to March 2000. The balance owed is past due rent for that hangar. Again, Airport Authority efforts to collect the balance failed and the account was turned over to the collection agency in September 2001. 3. Summeralls - Immokalee Regional Airport - $1,908.00 Mr. Summeralls also leased a T-Hangar in Immokalee from January 1997 to June 1998. The balance owed is rent from the same period for that hangar. Efforts to collect the balance have failed and the account has been turned over to the collection agency. The Airport Authority's Board approved the staff's recommendation that the accounts be reclassified as uncollectible. FISCAL IMPACT: The fiscal impact will be that the Airport Authority will be writing off accounts receivable worth $7,704.07 as uncollectible revenue. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this Executive Summary. RECOMMENDATION: That the Board of County Commissioners approve the request to reclassify $7,704.07 in uncollectible accounts receivable, and authorize the Clerks Finance Department to make appropriate entries in the financial records. AGENDA ITEM SEP 2 Pg. I ,. 1 PREPARED BY: '-~,,~,'-~"'d"~ Date: Debi Mueller REVIEWED BY: ~~~~~ Date: /~n~A.E. APPROVED BY: ~~ Date: Stephen L. Price Chairman AGENDA. ;ET~M SEP 2 ~ 2002 EXECUTIVE SUMMARY APPROVE THE TRANSFER OF $78,800 FROM THE GENERAL FUND (001) TO THE COLLIER COUNTY AIRPORT AUTHORITY FUND (495) TO OFFSET SHORTFALLS IN AIRPORT REVENUE OBJECTIVE: That the Board of County Commissioners approves the use of Airport Authority reserves in the amount of $78,800 to offset shortfalls in airport revenue by transferring $78,800 from General Fund (001) to Collier County Airport Authority Fund 495. CONSIDERATION: The Airport Authority is funded primarily by revenues generated from the sale of fuel, the rental of hangars, leasing of land and the providing of other related services at the three County-owned airports. At this stage in the development of the airports, revenues generated by the airports are not sufficient to fund all of their operating expenses, and the shortfalls are covered by loans from the general fund. During the current fiscal year 2001-2002, the operating expenses were budgeted to be $2.1 million, operating revenues were budgeted to be $1.7 million, and the general fund loan needed to supplement operating revenues was budgeted to be $414,400. In addition $100,100 was budgeted in the General Fund (001) as a contingency for unforeseen budgetary shortfalls. A current review of the actual operating revenues shows that the forecast revenues will be below the budgeted amount. The biggest factor contributing to the negative revenue variance was the precipitous decline in air traffic following September 11. During the 5V2-month period following September 11th. the Authority sold 215,000 gallons of fuel. During the comparable prior year period, 277,000 gallons were sold. This amounts to a decline of 22%. In an attempt to offset the effects of the revenue decline, the Authority was successful in getting a grant of $55.000 to cover a portion of the lost airport revenue due to September 11. Another factor offsetting the effects of the revenue decline is a decrease in fuel purchases because less fuel is being sold. The following table compares the approved budget to the revised forecast. As can be seen. there is a need to transfer an additional $78.800 from the Airport Authority's reserve for contingency to provide sufficient revenues to cover the forecast expenses. Difference Adopted Current Favorable/ Budget Forecast (Unfavorable) Revenue shortfalls Operating revenue: Marco Island 1,315,900 1,115,100 (200,800) Immoka~ee 289,400 241,200 (48,200) Administration 48,200 6,000 (42,200) Other revenue items 100,200 77,500 (22,700) Total (313,900,) Compensating factors Reduced expenses 2,082,200 1,988,000 94,200 AGENDA ITEM¢-~, Revenue reserve 85,900 85,900 No. Grant for operations 55,000 55,000 Total _235,100.. SEP 2 Net difference, representing additional funds needed to cover expenses (78,800) pg. GROWTH IMPACT: This has no growth management impact. FISCAL IMPACT: Total additional funds required for transfer to the Collier County Airport Authority Fund (495) are $78,800. These funds are available from the General Fund (001) "Reserve for Contingencies". RI~COMMENDATION: That the Board of County Commissioners approves the transfer of $78,800 from the General Fund (001) to the Collier County Airport Authority Fund (495) and all necessary budget amendments. PREPARED BY: IRob~ W~t~s; Financial Manager AGENDA ITEM SE? 2 q 2002 pg. 2- 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 Donna Fiala hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: NAACP Annual Freedom Fund Banquet, Silent Auction and Dance Public Purpose: To interact with constituents Date of Function / Event: October 19, 2002, 6:00 p.m. Amount to be paid by the County: 550.00 Mileage: Pg. - S~'P 2 z~ 2002 p~;. ~  COI.IXER COUNTY BRANCH (~5117) P.O. BOX 990727 · NAPLES, FLORIDA 34116 I~V~ C. FgAm~ Dear Supporter: For ninety-three years the NAACP has been a champion for equal justice and continues to be committed to improving the quality of life for all people. In an effort to continue this critical work the Collier County Branch is hosting their annual Freedom Fund Banquet, Silent Auction and Dance. It will be held on Saturday, October 19, 2002 at the lovely ~ Lodge, 3950 Radio Road, Naples, Florida. The annual banquet is our princ!pal fund raising event of the year. This letter is to request your much needed support which wlll go a long way & ke~ia, g us to c~ntitute to provide and expand the educational, youth works, kealth and other importtmt social program& This year we have designed several ways for you to make a contrlbutian. 1) SPONSORSHIPS: There are four'levels of sponSorships available; the Diamond at the ~ost of $750., the Silver at a cost of $1000., and Gold at a cost of $1,$00. and the Platinum at a cost of $2000., see enclosed Banquet Reservation Form. 2) AD SOUVENIR BOOKLET: There are several AD sizes. The cost of a fuli page is $200., a half page cost $125., a fourth page cost $75. and an eighth page cost $50. We also offer family or single name options, see enclosed Banquet Reservation Fort~ 3) TICKETSALES: You may purchase banquet tickets. Each ticket is only $50., see the enclosed Banquet Reservation Form. 4) DONATIONS: Donations can be made to our Baclt To School/Stay In School Program or to the Branch, see the enclosed Banquet Reservation Fortra Please review and compitte the attuched form that details the contribution method that you would like to l~t~te ~. Mail yom' cktck and ail forms to: NAACP Collier County Branch, Attenthm: Mrs. Linda Pga, rson, Banquet Chair, P. O. Box 990727, Naples, Fi 34116. We must reeeive your Sponsatsltip Form and Souvenir Journal Form No Later Than .d UGUST 31, 2002. On behalf of the NAACP Executive ~ammittee we would Hke to thank you ~n advance for your support. Sinctrely, Enclosures P.S. I~'illie E. Gary, Attorney-at-law, will be our special guest at our gala event which ;tarts ~O, P..M~.~__ 2 D2 NAACP BANQUET RESERVATIONS SPONSORSHIPS Please check below for reservations. PLATINUM $2000. TOTAL~ Includes eight (8) tickets for the banquet, a full-page ad in the souvenir journal (the inside front and back covers and the omside back cover will be allotted to the first three Platinum SPONSORS), and special recognition al the banquet. GOLD $1500. TOTAL~ Includes six (6) tickets, a half page ad in the souvenir jo~w~i, ~d special recognition at thc banquet. SILVER $1000. TOTAL . 'Includes four (4) tickets, a half page ed m the souvenir journal, and special recognition at the banquet_ DIAMOND $ 750. TOTAL Includes two (2) tickets, a quarter page ad in the souvenir journal, and special recognition at the banquet. ForAd sizes refer to: Souvenir Journal form. IND/VIDUAL TICKETS ~ Tickets $50. each $ We will not attend but would like to make a contribution $ Total Donations Only!! Make checks payable: NAACP Collier County BTS/SIS Progratn. Tickets Sales: Make checks payable: NAA CP Collier County. Individual/Organization/Contract Pgrson ~/~na THANK YOU FOR FOUR GENEROUS SUPPORT! -- ' · NAACP ON THE MOVE Calendar of Events and Programs ~ 2002 FREEDOM FUND BANQUET,SILENT,4 UCTION~DANCE October 19, 2002 Back To School/Stay In School Programs: Youth Works Program-- Golden Gate Community Center--Wednesdays---Six Thirty to Eight-- Free Naples Community Health System-Wellness Center--Saturdays, Six to Nine-Free Youth Book Club---Alma Thomas NAACP/International College Summer School Progrn~ Regi~ ( Held June 1 l-August 8, 2002) Free D. Whittaker 455-4150 or 455-2886 Midnight Basketball~Saturdays-Nine to Midnight--Free~lt's here City of Naples--Naples Community Hospital-First Union Bank--Northern Trust Bank-- Fifth Third Bank- Project REACH -YES Kids Program-Schools: Avalon, Shadowlawn, Lake Park and Manatee Middle October to May - Monday through Thursday Computers For Kids- On going Youth Shadowing Programs in Dentistry and Medicine African American Read In - February 2003 Education Reform--On going Human Relations Commission- - 2nd Draft is out Law Enforcement Reform--Street Gangs And You ----On going Legal Clinic-National Bar Association/Afi'ican American Bar Association --November, 2002 Health Education Programs---On going Economic Developments River Park Recreation Center Minority Contracts Guaranteed-More to Come NAACP Collier County-Web Site: www.naacpcolliereounty.eom Immokalee Weed and Seed Program--On going Rev. Dr. Martin King, Jr. Parade and Celebrations -- January, 2003 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 James D. Carter hereby requests that the Board of County Commissioners approve for payment by the Clerk his/her attendance at the following function / event: Function / Event: United Way of Collier CounW 2002 Campaign Kickoff At Naples Beach Hotel & Golf Club Public Purpose: Meet and speak with community and bu.~iness leaders to promote Collier County Government in a positive and proactive manner Date of Function / Event: September 25, 2002 Amount to be paid by the County: $20.00 5EP 2 2002 / United WaY of Collie~ county 852 First Avenue South #210 Naples, Florida 34102 Please join us for the UNITED WAY OFi. COLLIER COUNTY 2002CAMP. AIGN. KICKOFF The:~e~-@~ H~te)&:Goi~ C~ub $20.00 per person No. AHendln~: ~ ~a~e~: ~~ ~. ~~.pk.~. ~1 ~ ~. L~ ~ · ':--- Ple~e mail in R S V P ~ ~t~l~ ~ ~tembe~' ~'8~ A~A ITF. M BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE September 24, 2002 FOR BOARD ACTION: A. Clerk of Court~: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: 1. Disbursements for August 24, 2002 through August 30, 2002 2. Disbursements for August 31, 2002 through September 6, 2002. B. Districts: 1. Collier Mosquito Control District - Regular Meeting Schedule 2002-03, District's Registered Office/Registered Agent, Proposed Budget and Current District Map. 2. Port of the Islands Community Improvement District - Minutes of Meeting held July 19, 2002, Adopted Budget, Financial Statements June 2002 and Current District Map. C. Minutes: 1. Collier County Metropolitan Planning Organization - Agenda for September 13, 2002. 2. Bayshore/Gateway Triangle Local Redevelopment Advisory Board - Minutes of December 6, 2001, Minutes of April 3, 2002, Minutes of May 1, 2002, Minutes of July 3, 2002, Minutes of June 12, 2002 3. Workforce Housing Advisory Committee - Agenda for August 5, 2002, Minutes of June 17, 2002, Agenda for August 19, 2002, Minutes for August 5, 2002, Minutes for July 15, 2002 4. Environmental Advisory Group - Notice of no meeting in August 5. Immokalee Local Redevelopment Advisory Board - Minutes of June 27, 2002 6. Golden Gate Area Master Plan Restudy Committee -Agenda for July 31, 2002, Minutes for July 10, 2002, Minutes of April 24, 2002, Minutes of May 8, 2002, Minutes of May 22, 2002, Minutes of June 12, 2002 7. Parks and Recreation Advisory Board - Agenda fo '~ Minutes of June 12,2002 NO .~'~.~- .... SEP 2 4 2007. H:DataYFormat 8. Enterprise Zone Development Agency - Collier County Finance Admin. ~" and Housing- Minutes of July 25, 2002, Minutes of May 23, 2002, Minutes of March 28, 2002. 9. Golden Gate Beautification Advisory Committee - Agenda for August 31, 2002, Minutes of July 9, 2002. 10. Lely Golf Estates Beautification Advisory Committee - Agenda for August 15, 2002, Minutes for July 18, 2002 11. Lake Trafford Restoration Task Force Meeting - Minutes of July 8, 2002 12. Pelican Bay MSTU Advisory Committee - Agenda for July 24, 2002, Minutes for July 11, 2002, Agenda for August 7, 2002, Minutes of July 3, 2002, Minutes of July 11, 2002, Minutes of July 24, 2002 13. Collier County Airport Authority - Agenda for August 12, 2002Minutes of May 13, 2002 14. Productivity Committee Meeting Minutes - Minutes of June 5, 2002, Minutes June 12, 2002 and Minutes of June 11,2002 D. Other: 1) Guy L. Carlton, Collier County Tax Collector - Department of Revenue Rules and Regulations and the 2001 Tax Roll. 2) Collier County Clerk of the Court - Payment of Public Notice for Unclaimed Funds. 'NoAG,ENDA~ I'''r'~q '" SEP 2 q 200Z pg.. "2-- H:Data/Format EXECUTIVE SUMMARY AUTHORIZE A BUDGET AMENDMENT FUNDING PROJECTED PERSONAL SERVICES SHORTAGE IN COURT ADMINISTRATION IN THE AMOUNT OF $98,400 OBJECTIVE: To provide sufficient budget to meet current and projected payroll expenses in Court Administration. CONSIDERATIONS~, In anticipation of the implementation of merit pay and salary adjustments, the FY 02 Court Administration Fund's original appropriation included $172,600 in Reserves for Merit Increases. Based upon the actual amounts of the salary adjustments, which occurred in May 2002, an additional $98,400 is needed to meet Personal Services expenses in two of the fund's cost centers, Probation and Parole and Court Administration. Therefore, it is necessary to move this amount from Reserves to Personal Services. FISCAL IMPACT: Court Administration Fund (681) Reserves for Merit Increases FY 02 appropriation will be decreased by $98,400 and Personal Services increased in Parole and Probation by $96,600 and Court Administration by $1,800. The costs were included in the FY 02 salary forecast during the development of the FY 03 budget. GROWTH MANAGEMENT IMPACT: There is no growth management impact associated with this item. RECOMMENDATION: That the Board authorize the necessary budget amendment to move $98,400 from Reserves for Merit Increases to Personal Services to fund the projected payroll shortages in the Court Administration Fund. PREPARED BY: {,L)~/(,,2a/~. ~j-D'~OC Date: 6~. 110.07_._ Winona Stone, Budget Analyst APPROVED BY: ~ Date: c~. \~3 -~-~-Z..~ Mark Middlebrook, Senior Deputy Court Administrator EXECUTIVE SUMMARY TO AMEND THE CURRENT CONTRACT WITH KPMG LLP FOR AUDITING SERVICES TO INCLUDE GOVERNMENT ACCOUNTING STANDARDS BOARD, STATEMENT N'O. 34, "THE NEW GOVERNMENTAL REPORTING MODEL" WHICH IS MANDATED FOR THE FISCAL CYCLE ENDING SEPTEMBER 30, 2002. OBJECTIVE: To amend the current contract with LPMG LLP for auditing services to include Government Accounting Standards Board, Statement No. 34, "The New Governmental Reporting Model" which is mandated for the fiscal cycle ending September 30, 2002. CONSIDERATIONS: The Collier County Board of County Commissioners entered into a contract with KPMG LLP for auditing services on July 28, 1998. The selection of KPMG was in compliance with the provisions outlined in Chapter 11.45. In June 1999, The Governmental Accounting Standards Board (GASB) issued Statement No. 34. That pronouncement established a whole new financial reporting model for state and local governments. The result is one of the biggest changes in the history of public-sector accounting and financial reporting. The new reporting model offers many new features including: · Government-wide financial reporting, · Additional long-term focus on governmental activities, · Narrative overview and analysis, · Information on major funds, and · Expanded budgetary reporting. The mandatory deadline for implementing the provisions of GASB Statement No. 34 depends on the government's total revenues for its first fiscal year ending after June 15, 1999. Based on this phased in approach, it is mandated that Collier County implement with the fiscal cycle ending September 30, 2002. This change order to the Contract recognizes the additional resources that will be expended by KPMG LLP. KPMG kkP has estimated an additional 200 hours of work to ensure compliance with GASB Statement No. 34. FISCAL IMPACT: Current Value of the Contract $273,000 Additional Services for GASB 34 20,000 Total $293,000 Cost for audit services is annually budgeted in Fund 001-013010~632100. GROWTH MANAGEMENT IMPACT: There is no Growth Management Impact. RECOMMENDATION: That the Board of County Commissioners modify the scope of services via change order to include the additional work necessary to ensure compliance with GASB No. 34. Prepared By: ~//~e:~/,~s~ ~ ~~-z-~/~, Date: Jar~s L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Office of the Clerk of the Circuit Court Reviewed By: ~,~ ~ . ~'q(~ . Date: 'S~e~ll" U -' No.~~ Purchasing/General Se~ices D~ector SEP 2 200Z P~._, / CHANGE ORDER CHANGE ORDER NO. 2 CONTRACT NO. 98-2794 BCC Date: Sept. 24, 2002 Agenda Item: 'TO: KPMG, LLP Post Office Box 31002 St. Petersburg, Florida 33731-8902 DATE: September 24, 2002 PROJECT NAME: Auditing Services for Collier County, Florida PROJECT NO.: RFP 98-2794 Under our AGREEMENT dated July 28, 1998. You hereby are authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Completion of the Comprehensive Annual Audit of Collier County, Florida to ensure compliance with Government Accounting Standards Board, Statement 34, "New Governmental Reporting Model" which is mandated in the fiscal cycle ending September 30, 2002. FOR THE Additive Sum of: $ 20,000 Twenty Thousand Dollars. Original Agreement Amount $ 253,000 Sum of Previous Changes $ 20,000 This Change Order (Add) $ 20,000 Present Agreement Amount $ 293,000 Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: May 8, 2001 CONTRACTOR: OWNER: KPMG, LLP BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA By: By: Donald M. Jones, Jr. James N. Coletta, Chairman Partner AGENDA ITEI~ Approved as to form and legal sufficien_Q.G,y.;.-~ Attest: Dwight E. Brock, Clerk No.__/_~z~¢__.~ '1~miro Manalict~,4Cl~i~f Asst. County Attorney Deputy Clerk SEP 2 Pg... ~-- .._ 100 North Tampa Street, Suite 1700 Telephone 813 223 1466 Tampa, FL 33602 Fax 813 229 3976 August 28, 2002 Mr. Jim Mitchell Director of Finance Collier County Collier County Courthouse 2071 Airport Road South Court Plaza III, Room 203 Naples, FL 34112 Dear Jim: We are very pleased with our renewal of the audit contract with Collier County. This letter confirms our earlier discussions regarding fees for our services. Our fees for fiscal 2002 audit will be $273,000 and $20,000 for implementation of GASB 34 for a total fee of $293,000. The implementation of GASB 34 is assuming approximately 200 hours of additional work. These fees assume 100 hours of internal audit support. Jim, I look forward to continuing to work with you and other County employees, as well as working for the Board of County Commissioners. Very truly yours, KPMG LLP Donald M. Jones Jr. Partner DMJ:pb EXE_~UTIVE SUM14AR¥ RECOMMEND THAT THE BOARD OF COUNTY COMMISSIONERS SERVE AS THE LOCAL COORDINATING UNIT OF GOVERNMENT IN THE FLORIDA DEPARTMENT OF LAW ENFORCEMENT'S EDWARD BYRNE MEMORIAL STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE FORMULA GRANT, APPROVE THE SHERIFF'S OFFICE GRANT APPLICATION, AUTHORIZE ACCEPTANCE OF THE GRANT AWARD, AND APPROVE ASSOCIATED BUDGET Q~~ To seek appointment of the Board of County Commissioners (BCC) as the coordinating unit for local application for the Florida Department of Law Enforcement's Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant, approve the Sheriff's Office grant application, authorize acceptance of the award, and approve associated budget amendments for a Domestic Security grant. CONSIDERATION= 1. The BCC has participated in the Edward Byrne Grant program for thirteen years. 2. Collier County programs have proven to be valuable projects. 3. The Florida Department of Law Enforcement has allocated $84,108 to Collier County to purchase Domestic Security (personal protection suits and gear) for this region's anti-terrorism task force's small law enforcement agencies. 4. The Sheriff's Office will seek this funding as the appointed lead agency to purchase and distribute the protective suit kits. 5. BCC approval is needed for: the BCC to continue in the capacity of local coordinator, the Sheriff's Office grant application for the protective suit kit grant, to authorize acceptance of the award, and associated budget amendments. FISCAL IMPACT: None. $63,081 (75%) of funds provided from the Byrne Grant and the $21,027 (25%) match funds are provided from the Department of Community Affairs. GROWTH MANAGEMENT: No recurring costs for subsequent years. RECO_MMENDATION: That the BCC agrees to be the local coordinating unit of government and authorizes the Board Chairman to execute the granU application documents, authorize acceptance of the grant award, and approve associated budget amendments. pREPARED BY: Crys~&l K. Kinzel,\Finance D[r~ct°~ ga/jh/a:xsb~s 5EP 2 200Z Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Please read instructions before completing this application. The term "Department", unless otherwise stated, refers to the Department of Law Enforcement. The term "OCJG" refers to the Office of Criminal Justice Grants. The term "DEM" refers to the Division of Emergency Management, Department of Community Affairs. The term "subgrant recipient" or"subgrantee" refers to the governing body of a city, county, state agency, or an Indian Tribe that performs criminal justice functions as determined by the U.S. Secretary of the Interior. The term "implementing agency" is a subordinate agency of a city, county, state agency, or Indian Tribe, or an agency under the direction of an elected official (for example, Sheriff or Clerk of the Court). A. Subgrant Data 1. This section to be completed by Subgrantee 2. This section to be completed by OCJG Continuation of Previous Subgrant? D Yes E~ No Project ID# I Program Area #:1 CFDA #: 16.579 If Yes, enter CJ Contract # of Previous Subgrant I SFY 2002 CJ Contract # SFY 2003 CJ Contract # 2002- CJ - 2003 - CJ - B. Applicant Information 1. Sub, rant Recipient (Sub~rantee) Name of Subgrant Recipient (Unit of Government): Collier County Commission County Collier Name of Chief Elected Official / State Agency Head: Jim Coletta Title: Chairman, Collier County Commission Address: 3301 Tamiami Trail East, Building F Area Code / Phone # 239-774-8393 SUNCOM # City, County, State,Zip Code: Naples, Collier County, Florida 34112 239-774-8393 Area Code / Fax # E-mail Address: JimColetta @ Collierq_ or.net 239-774-3602 2. Chief Financial Officer of Subgrant Recipient (Sub~rantee) Name of Chief Financial Officer: James Mitchell County Collier Title: Finance Director, Deputy Clerk Address: 3301 Tamiami Trail East, Court Plaza 111/2 Area Code / Phone # 239-774-8404 SUNCOM # City, County, State, Zip Code: Naples, Collier County, Florida 34112 239-774-8404 Area Code / Fax # E-mail Address: JimMitchell@collierqov.net 239-774-6179 3. Implementing Agency Name of Implementing Agency: Collier County Sheriff's Office Name of Chief Executive Official / State Agency Head / Subgrantee representative County Collier (if a subordinate agency of the subgrant recipient): Don Hunter Title: Sheriff Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-774-4434 SUNCOM # City, County, State, Zip Code: Naples, Collier County, Florida 34112 239-774-4434 Area Code / Fax ~ E-mail Address: sheriff@colliersheriff.org 239;77'4':,5'7,_,3...~', ',,~ ;I FDLE Byrne Formula Grant Application Package ]rant A_pj~l~ation Rule 11 D-9.006 OCJG - ~ 05 (rev. 03/25/02) P,~. Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Proiect Director Name of Project Director: Tom Storrar (Implementing Agency Employee) County Collier Title: Captain Address 3301 Tamiami Trail East, Building j Area Code / Phone # 239-774-8404 City, County, State, Zip Code: Naples, Collier County, Florida 34112 SUNCOM # 239-774-8404 E-mail Address: grants@colliersheriff.org Area Code / Fax # 239-774-5735 5. Contact Person Name of Contact Person: Joyce Houran (if other than Project Director) County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 SUNCOM # City, County, State, Zip Code: Naples, Collier County, Florida 34112 239-793-9346 E-mail Address: grants@colliersheriff.org Area Code / Fax # 239-793-9405 6. Person Responsible For Financial Reporting (if known) Name: Joyce Houran County Collier Title: Grant Coordinator Address: 3301 Tamiami Trail East, Building J-1 Area Code / Phone # 239-793-9346 SUNCOM # City, County, State, Zip Code: Naples, Collier County, Florida 34112 239-793-9346 E-mail Address: grants@colliersheriff.org Area Code / Fax # 239-793-9405 7. Person Responsible For Programmatic Performance Reporting (if known) Name: Tom Storrar County Collier Title: Captain Address: 3301 Tamiami Trail East, Building J Area Code / Phone # 239-774-4434 City, County, State, Zip Code: Naples, Collier County, Florida 34112 SUNCOM # 239-774-4434 Area Code / Fax # E-mail Address: grants @colliersheriff.org 239-774-5735 ,,::,,3/;-NOA ITEK~j SE? 2 2_.002 $~c~ # - Page 2 Rule 11D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program C. Administrative Data 1, Project Title: DOMESTIC SECURITY - PROTECTIVE GEAR 2. Identify the year of the project (I, II, III, etc.) I 3. Project period Start: November 1,2002 I End: June 30, 2003 D. Fiscal Data 1. tlr other than the Chief Financial Officer) Remit Warrant to: Name: County Title: Area Code / Phone # Address: SUNCOM # City, County, State, Zip Code: Area Code / Fax # E-mail Address: 2. Is the subgrantee participating in the State of Florida Comptroller's Office electronic transfer proqram? (Reimbursement cannot be remitted to any entity other than the subgrantee.) Yes No X -- 3. Frequency of Fiscal Reporting: Monthly.~ Quarterly X 4. Vendor#: 59-6000-558 5. State Agency SAMAS #: N/A 6. Project Generated Income (PGI): Will the project earn PGI? (See Section G, Item 9.) Yes No X 7. Cash Advance: Will you request an advance? Yes Amount No X If yes, a letter of request must be submitted with the application or prior to submission of the first claim for reimbursement. ,:: 5E:'"iDA ITEM r, ic. /(~/,q ~ SEP 2 2002 FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 3 Rule 11 D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program E. Project Narrative 1. Problem Identification: Briefly describe a specific problem to be addressed with subgrant funds in terms of Problem Description, Problem Significance and Needs Assessment, as described in the application instructions. Continue narrative on a second page if necessary. Do not exceed two pages. Problem On September 11, 2001 the world as we knew it changed significantly. This change was felt strongly throughout the nation, particularly for those in public safety professions, such as law enforcement. As stated in Strengthening Domestic Security in Florida; Strategic Plan and Funding Strategy, a report prepared by the Florida Department of Law Enforcement and Florida Division of Emergency Management, "If the United States is to protect itself, it must develop and continuously refine counter terrorism policies to accommodate our rapidly changing world." The report identifies "visible targets" such as "densely developed, urbanized areas, military installations, transportation networks, major entertainment centers, tourist attractions and recreation facilities". As we know, Florida has many such visible targets, including military installations, extensive transportation networks, numerous urbanized areas, large scale tourist attractions and recreational sites. If there is a bio-hazard call out, many units of government have little or no gear for officers working to contain an incident. Yet, as first responders, law enforcement officers must immediately go and investigate before calling emergency agencies that may be somewhat better equipped to intervene. If there is no equipment, and the threat is legitimate, officers will already be contaminated by the time they call for additional assistance. Although public agencies have begun to procure some very basic protective equipment, there are significant gaps in availability that cannot be met with current local financial resources. Many of the smaller cities and counties in Florida have past budget shortfalls and current constraints, and must devote their limited funds towards supporting basic law enforcement services. This means that there is little or no funding available to purchase bio/chem-hazard gear and equipment to protect officers involved in responding to potential terrorism situations. FDLE Byrne Formula Grant Application Packa!~e Grant Application, Section II - Page 4 Rule 11 D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Project Description: Briefly describe proposed project activities. Refer to Appendix II, Part 1, Pages 1-3 for a description of eligible project areas). You should include project goals, administration, enhancement/expansion, staff, service providers, clients or other participants, equipment, location, and expected project results, as described in the application instructions This section should address the basic points of who, what, when, where, and how. Continue on additional pages if necessary; do not exceed three pages. Proiect Description The proposed project seeks to utilize Byrne Program funds to purchase equipment for Law Enforcement agencies within FDLE Region FMROC including Arcadia, Avon Park, Cape Coral, Charlotte County, Clewiston, Desoto County, Fort Myers, Florida Gulf Coast University, Glades County, Hendry County, Highlands County, Lake Placid, Lee County, Marco Island, Naples, New College of Florida, North Port, Okeechobee County, Okeechobee, Punta Gorda, Sanibel, Sarasota, Sarasota-Manatee Airport, Sebring, and Venice to use in the event of bio/chem- hazard or other terrorist incidents. The proposed equipment would serve to enhance the capabilities of law enforcement personnel from these communities for responding to possible terrorist acts. By having Level "C" protective gear, law enforcement personnel responding to threats of bio/chem-hazard terrorism would be afforded some measure of physical protection and safety so that they could accomplish their jobs with less threat, more efficiency and a higher confidence in personal safety. This type of equipment would help them establish the capabilities necessary to control &/or neutralize an unusual or highly hazardous situation. This project proposes to address FDLE's Plan, "Strengthening Domestic Security in Florida": in terms of the following: Goal One: Emerqenc¥ Services Strategy 3: identify and obtain appropriate equipment for all response efforts. Objective A: Equip all responding law enforcement personnel with the necessary types of personal protection equipment needed for each of the varying duties to be performed at the scene of any incident. Protective suits will be ordered by the Sheriff's Office and distributed to local law enforcement agencies within the geographic area of the Regional Domestic Security Task Force. A detailed description of the complete suit is included in the budget narrative. The law enforcement agency/ies that will receive the protective suits include the following: Arcadia Police Department, Avon Park Police Department, Cape Coral Police Department, Charlotte County Sheriff's Office, Clewiston Police Department, Desoto County Sheriff's Office, Fort Myers Police Department, Florida Gulf Coast University Campus Police and Safety, Glades County Sheriff's Office, Hendry County Sheriff's Office, Highlands County Sheriff's Office, Lake Placid Police Department, Lee County Port Authority Police Department, Marco Island Police Department, Naples Department of Police & Emergency Services, New College of Florida Police Department, North Port Police Department, Okeechobee County Sheriff's Office, O~eeeh .o~b~F~-A ~-'~' Grant ApPlication FDLE Byrne Formula Grant Application Package .. ~. Section II - Page 5 Rule 11 D-9.006 OCJG - 001(rev. 03/25/02) SEP 2 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Police Department, Punta Gorda Police Department, Sanibel Police Department, Sarasota Police Department, Sarasota-Manatee Airport Police Department, Sebring Police Department, and Venice Police Department r' ,-. ~.~ r..~xlD A ITEM SEP 2 q 200i FDLE Byrne Formula Grant Application Packacle Grant Application Section II - Page 6 Rule 11 D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Procjram 3. Proqram Obiectives and Performance Measures: Up to three types of objectives may be included in this section of your subgrant application, i.e., Uniform Objectives, Project- Specific Objectives and Self-Generated Objectives. If you are proposing a project in one of the Authorized Program Areas with no Uniform Objectives, contact FDLE, Office of Criminal Justice Grants, at (850) 410-8700 for further guidance. Continue on a second page if necessary. a. List the number and title of the Program Area to be addressed. Refer to Appendix II, Part II, for a listing of authorized program areas. 26 Anti-Terrorism Traininq and Equipment (#) (Title) b. List Uniform Objectives first, followed by any other appropriate objectives you may wish to address. If additional objectives are included, please identify whether they are Project Specific or Self-Generated Objectives. Uniform and Project Specific Objectives form the basis for collection of data and quarterly performance reporting. Uniform Objectives (Mandatory, copy as worded for the program area addressed and include all appropriate questions). Provide equipment for anti-terrorism training and operations. Part 1. During this reporting period, did you order equipment for anti-terrorism training and operations? If yes, please describe briefly in the narrative portion of the report. Part 2. During this reporting period, did you receive equipment for anti-terrorism training and operations? If yes, describe briefly in the narrative portion of the report. 026.07 Part 3. During this reporting period, did you distribute purchased equipment for anti- terrorism training and operations. If yes, indicate which agencies received this equipment and the quantity. If equipment was received but not distributed, please indicate the reason it was not distributed. Part 4. During this reporting period, did you use equipment for anti-terrorism training and operations. If yes, please describe briefly in the narrative portion of this report. AGENDA ITEM" ,~!o.___/_u_.~ S EP 2 4 200?. ~g.__ ,¢ FDLE Byrne Formula Grant Application Package Grant Application Section II - Page 7 Rule 11 D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Activity Implementation Schedule. Complete the Activity Implementation Schedule showing when activities in the Program Description will commence and how the project will progress. This chart benchmarks planned activities, both administrative and programmatic. An "X" has been inserted for reports with mandatory due dales for all projects. Place an additional ~X" to indicate times applicable to your project, as illustrated for quarterly program reports. Make a detailed listing of key activities under the heading "Programmatic Activities.' Your Quarterly Performance Reports will be reviewed acjainst this schedule. Sub~lrant Period November 1,2002 - June 30, 2003 (Be~innin~l Date - Ending Date) Administrative Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Submit Financial Reimbursement X X X Requests (03) (03) (03) X Submit Financial Closeout Package (03) X X X Submit Quarterly Program Reports Submit Quarterly PGI Reports (If applicable) Programmatic Activities ACTIVITY Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Order equipment X Receive equipment X Distribute equipment X X X X X X AGENDA IT ELY," No. /4 ~ '~_ S~ =tion I~ Page 8 Rule 11D-9.~6 OCJG - 0C (rev. ~2) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program F. Project Budget 1. Budget Schedule a. The Project Budget Schedule includes five Budget Categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, and Indirect Costs) and Total Project Costs. Total Local Match must be a minimum of 25% of the Total Budget. b. Enter the amount of federal, matching, and total funds by budget category that you will use to support project activities. Enter dollar amounts only in applicable categories based on totals from the Budget Narrative and leave others blank. Total Local Match must be a minimum of 25 percent of the Total Budget. c. Show all figures rounded to the next highest dollar; do not include cents. (Example $4,505.25 as $4,505). Type or Print Dollar Amounts Only in Applicable Categories and Leave Others Blank. Budget Category Federal Match Total Salaries And Benefits 0.00 0.00 0.00 Contractual Services 0.00 0.00 0.00 Expenses $63,081.00 $21,027.00 $84,108.00 Operating Capital Outlay 0.00 0.00 0.00 Indirect Costs 0.00 0.00 Totals $63,081.00 $21,027.00 $84,108.00 ,~,.uchlL A ITEM~ i FDLE Byrne Formula Grant Application Package S~ction II - Page 9 Rule 11 D-9.006 OCJG - 00~ (rev. 0~5/02). /~ Application for Funding Assistance Florida Department of Law Enforcement Edward B~/rne Memorial State and Local Law Enforcement Assistance Formula Grant Program 2. Budget Narrative a. The Project Budget Narrative may reflect costs in any of the five budget categories (Salaries and Benefits, Contractual Services, Expenses, Operating Capital Outlay, Indirect Costs). The Total Project Costs should be included. b. You must describe the line items for each applicable budget category for which you are requesting subgrant funding. Provide sufficient detail to show cost relationships to project activities. Reimbursements will only be made for items clearly identified in the budget narrative. c. Costs must not be allocated or included as a cost to any other federally financed program. (Continue on additional pa,qes if necessary.) Please respond to the following four items before providing the Budget Narrative. 1. Identify your Specific sources of matching funds. [Source of match must be cash and represent no less than twenty-five (25) percent of the project's cost.] Matching funds for this project will be provided by the Division of Emergency Management ! Florida Department of Community Affairs from budgeted general revenues. Match funds will be disbursed to the subgrantee following approval of financial reports by FDLE, in accordance with Section G of this contract. 2. If Salaries and Benefits are included in the budget as Actual Costs for staff in the implementing agency, is there a net personnel increase, or a continued net personnel increase from the initial year? N/A No: If no, please explain. Yes: If yes, please list number and title of position and type of benefits. 3. Indicate the OCO threshold established by the subgrantee. $ N/A 4. If Indirect Cost is included in your budget please indicate the basis for the plan (e.g. percent of salaries and benefits), and provide documentation of the appropriate approval of this plan. N/A '" "':- ~?q D A ITEq ¢40 _ //-/~' . , p~. // FDLE Byrne Formuta Grant Application Packaqe Section II - Page 10 Rule 11D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Proiect Bud,qet Narrative (continued) Expenses Category Program Operations / Equipment Purchases (Level "C" Protective Suits/Gear) 258 @ $326 each = $84,108 Expenses Category costs include the Program Operations/Equipment Purchases line item for purchase of Level "C" protective suit kits to address bio/chem-hazard and other terrorist acts. Included in each suit kit is the following: ITEM Quantity per Kit Bio-Suit (Level "C") 1 Chem-Bio APR 1 Gloves, Butyl 4 pair Boots, Chemical 1 pair Gear Bag & Marking 1 Peel & Stick Law Enforcement Label 2 t Chemical Agent Tape 1 roll Training Suit 1 Training Respirator Cartridges 2 CBN Respirator Cartridges 2 A O C~!;-],:;, ITEM S EP ~ q FDLE Byrne Formula Grant Ap¢lication Package Grant Acplication Section II. Page 1 ~ Rule 11D-9.~6 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program G. Conditions of Acceptance and Agreement Conditions of agreement requiring compliance by units of local government (subgrant recipients), implementing agencies and state agencies upon signed acceptance of the subgrant award appear in this section. Upon approval of this subgrant, the approved application and the following terms of conditions will become binding. Failure to comply with provisions of this agreement will result in required corrective action up to and including project costs being disallowed and termination of the project, as specified in item 16 of this section. 1. All Subgrant Recipients must comply with the financial and administrative requirements set forth in the current edition of the U.S. Department of Justice, Office of Justice Programs (OJP) Financial Guide. 2. Reports a. Project Performance Reports The subgrant recipient shall submit Quarterly Project Performance Reports to OCJG by February 1, May 1, August 1, and within forty-five (45) days after the subgrant termination date. In addition, if the subgrant award period is extended beyond the "original' project period, additional Quarterly Project Performance Reports shall be submitted. Failure to submit Quarterly Performance Reports that are complete, accurate and timely may result in sanctions, as specified in item 16 of Section G, performance of Agreement Provisions. b. Financial Reports (1) The subgrant recipient shall have a choice of submitting either a Monthly or a Quarterly Financial Claim Report to the OCJG. Monthly Financial Claim Reports (1-11 ) are due thirty-one (31) days after the end of the reporting period. Quarterly Financial Claim Reports (1-3) are due thirty-one (31) days after the end of the reporting period. In addition, if the subgrant award period is extended, additional Financial Claim Reports shall be submitted. A final Financial Claim Report and a Criminal Justice Contract {Financial) Closeout Package shall be submitted to OCJG within forty-five (45) days of the subgrant termination period. Such claim shall be distinctly identified as "final". (2) All claims for reimbursement of subgrant recipient costs shall be submitted on the Financial Claim Report Forms prescribed and provided by the Office of Criminal Justice Grants. A subgrant recipient shall submit either monthly or quarterly claims in order to report current project costs. Reports are to be submitted even when no reimbursement is being requested. (3) All claims for reimbursement shall be submitted in sufficient detail for proper pre-audit and post-audit. (4) Before the "final" claim will be processed, the subgrant recipient must submit to the Department all outstanding project reports and must have satisfied all special conditions. Failure to comply with the above provisions shall result in forfeiture of reimbursement. (5) The subgrant recipient shall submit Quarterly Project Generated Income Reports to OCJG by February 1, May 1, August t, and within forty-five (45) days after the subgrant termination date covering subgrant project generated income and expenditures during the previous quarter. (See Item 9, Program Income.) c. Other Reports The subgrant recipient shall submit other reports as may be reasonably required by OCJG. 3. Fiscal Control and Fund Accounting Procedures a. The subgrant recipient shall establish fiscal control and fund accounting procedures that assure proper disbursement and accounting of subgrant funds and required non-federal expenditures. All funds spent on this project shall be disbursed according to provisions of the project budget as approved by OCJG. b. All contractual expenditures and cost accounting of funds shall conform to OJP Financial Guide,..LL~ .... FDLE Byrne Formula Grant Application Packaj~e Grltnt Apl~i~3~or~ Sec~on Rule 11D-9.006 OCJG - 005~(rev. 03/25/02) pg. /'~, Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program Department of Justice Common Rule for State and Local Governments, and federal Office of Management and Budget's (OMB) Circulars A-21, A-87, and A-110, in their entirety. c. All funds not spent according to this agreement shall be subject to repayment by the subgrant recipient. 4, Payment Contingent on Appropriation The State of Florida's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Florida Legislature. 5. Obligation of Subgrant Recipient Funds Subgrant funds shall not under any circumstances 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 recipient's project are eligible for reimbursement. 6. Advance Funding Advance funding may be authorized for up to twenty-five (25) percent of the federal award for each project according to Section 216.181(16)(b), Florida Statutes, the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. Advance funding shall be provided to a subgrant recipient upon a written request to the Department justifying the need for such funds. This request, including the justification, shall be either enclosed with the subgrant application or submitted to the Department prior to the first request for reimbursement. 7, Reimbursement Subject to Available Funds The obligation of the State of Florida to reimburse subgrant recipients for incurred costs is subject to available federal Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program funds. It is also subject to available state general revenue funds. 8, Travel and Training a. All travel reimbursement for out-of-state or out-of-grant-specified work area shall be based upon written approval of the Department prior to commencement of actual travel. Subgrant recipients shall obtain written approval from the Department for reimbursement of training costs and related travel prior to commencement of training, if the specific training was not listed in the approved budget. b. The cost of all travel shall be reimbursed according to local regulations, but not in excess of provisions in Section 112.061, Florida Statutes. c. All bills for any travel expenses shall be submitted according to provisions in Section 112.061, Florida Statutes. 9. Allowable Costs a. Allowance for costs incurred under the subgrant shall be determined according to the general principles of allowability and standards for selected cost items set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State And Local Governments and federal OMB Circu/arA-87, 'Cost Principles for State, Local and Indian Tribal Governments", or OMB Circular A-21, "Cost Principles for Educational Institutions". b. All procedures employed in the use of federal funds to procure services, supplies or equipment, shall be according to U.S. Department of Justice Common Rule for State and Local Governments, or OMB Circular A-110 and Florida law to be eligible for reimbursement. 10. Program Income (also known as Project Generated Income) Program income means the gross income earned by the subgrant recipient during the subgrant period, as a direct result of the subgrant award. Program income shall be handled according to the OJP Financial Guide AGENDA~ FDLE Byrne Formula Grant Application Package Sect ~n II - Page 13 Rule 11 D-9.006 OCJG - 005 !(rev. 0~O2) / Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program and U.S. Department of Justice Common Rule for State and Local Governments (reference 31 CFR Part 206 - Management of Federal Agency Receipts, Disbursements, and Operation of The Cash Management Improvement Fund). 11. Approval of Consultant Contracts The Department shall review and approve in writing all consultant contracts prior to employment of a consultant when their rate exceeds $450 (excluding travel and subsistence costs) for an eight-hour day. Approval shall be based upon the contract's compliance with requirements found in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments, and in applicable state statutes. The Department's approval of the subgrant recipient agreement does not constitute approval of consultant contracts. 12. Property Accountability a. The subgrant recipient agrees to use all non-expendable property for criminal justice purposes during its useful life or request Department disposition. b. The subgrant recipient shall establish and administer a system to protect, preserve, use, maintain and dispose of any property furnished to it by the Department or purchased pursuant to this agreement according to federal property management standards set forth in the OJP Financial Guide, U.S. Department of Justice Common Rule for State and Local Governments or the federal OMB Circular A- 110. This obligation continues as long as the subgrant recipient retains the property, notwithstanding expiration of this agreement. 13. Ownership of Data and Creative Material Ownership of material, discoveries, inventions, and results developed, produced, or discovered subordinate to this agreement is governed by the terms of the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments, or the federal OMB Circular A-110. 14. Copyright The awarding agency reserves a royalty-free non-exclusive, and irrevocable license to reproduce, publish, or otherwise use, and authorize others to use, for Federal government purposes: a. The copyright in any work developed under an award or subaward, and b. Any rights of copyright to which a subgrant recipient or subrecipient purchases ownership with support funded under this grant agreement. 15. Audit a. Subgrant recipients that expend $300,000 or more in a year in Federal awards shall have a single or program-specific audit conducted for that year. The audit shall be performed in accordance with the federal OMB Circular A-133 and other applicable federal law. The contract for this agreement shall be identified in The Schedule of Federal Financial Assistance in the subject audit. The contract shall be identified as federal funds passed through the Florida Department of Law Enforcement and include the contract number, CFDA number, award amount, contract period, funds received and disbursed. When applicable, the subgrant recipient shall submit an annual financial audit that meets the requirements of Sections 11.45 and 215.97, Florida Statutes, and Chapters 10.550 and 10.600, Rules of the Florida Auditor General. b. A complete audit report that covers any portion of the effective dates of this agreement must be submitted within 30 days after its completion, but no later than nine (9) months after the audit period. In order to be complete, the submitted report shall include any management letters issued separately and management's written response to all findings, both audit report and management letter findings. Incomplete audit reports will not be accepted by the Department and will be returned to the subgrant recipient. c.The subgrant recipient shall have all audits completed by an Independent Public Accountant (IPA). The IPA shall be either a Certified Public Accountant or a Licensed Public Accountant. d. The subgrant recipient shall take appropriate corrective action within six (6) months of the issue date of the audit report in instances of noncompliance with federal laws and regulations. No.._.__/~ FDLE Byrne Formula Grant Application Packaqe O ant Sc~ tion II Rule 11 D-9.006 OCJG - 0( 5 (rev. ~)?,/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program e. The subgrant recipient shall ensure that audit working papers are made available to the Department, or its designee, upon request for a period of three (3) years from the date the audit report is issued, unless extended in writing by the Department. f. Subgrant recipients that expend less than $300,000 in Federal awards during a fiscal year are exempt from the audit requirements of OBM Circular A-133 for that fiscal year. In this case, written notification shall be provided to the Department by the Chief Financial Officer, or designee, that the subgrant recipient is exempl. This notice shall be provided to the Department no later than March I following the end of the fiscal year. g. If this agreement is closed out without an audit, the Department reserves the right to recover any disallowed costs identified in an audit completed after such closeout. h. The completed audit report or notification of non-applicability should be sent to the following address: Florida Department of Law Enforcement Office of Inspector General Post Office Box 1489 Tallahassee, Florida 32302-1489 16. Performance of Agreement Provisions In the event of default, non-compliance or violation of any provision of this agreement bythe subgrant recipient, the subgrant recipient's consultants and suppliers, or both, the Department shall impose sanctions it deems appropriate including withholding payments and cancellation, termination, or suspension of the agreement in whole or in part. In such event, the Department shall notify the subgrant recipient of such decision thirty (30) days in advance of the effective date of such sanction. The subgrant recipient shall be paid only for those services satisfactorily performed prior to the effective date of such sanction. 17. Commencement of Project a. If a project has not begun within sixty (60) days after acceptance of the subgrant award, the subgrant recipient shall send a letter to OCJG indicating steps to initiate the project, reason for delay and request a revised project starting date. b. If a project has not begun within ninety (90) days after acceptance of the subgrant award, the subgrant recipient shall send another letter to OCJG, again explaining the reason for delay and request another revised project starting date. c. Upon receipt of the ninety (90) day letter, the Department shall determine if the reason for delay is justified or shall, at its discretion, unilaterally terminate this agreement and re-obligate subgrant funds to other Department approved projects. The Department, where warranted by extenuating circumstances, may extend the starting date of the project past the ninety (90) day period, but only by formal written amendment to this agreement. 18. Excusable Delays a. Except with respect to defaults of consultants, the subgrant recipient shall not be in default by reason of any failure in performance of this agreement according to its terms (including any failure by the subgrant recipient to make progress in the execution of work hereunder which endangers such performance) if such failure arises out of causes beyond the control and without the fault or negligence of the subgrant recipient. Such causes include, but are not limited to, acts of God or of the public enemy, acts of the government in I .t' GENDA ITEM ..',._ .... Z~_~__-t i SEP 2 2002 FDLE Byrne Formula Grant Application Package ~ Grant A~lication Rule 11 D-9.006 O~G - ~5 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 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 perform shall be beyond the control and without the fault or negligence of the subgrant recipient. b. If failure to pedorm is caused by failure of a consultant to perform or make progress, and if such failure arises out of causes beyond the control of subgrant recipient and consultant, and without fault or negligence of either of them, the subgrant recipient shall not be deemed in default, unless: (1) Supplies or services to be furnished by the consultant were obtainable from other sources, (2) The Department ordered the subgrant recipient in writing to procure such supplies or services from other sources, and (3) The subgrant recipient failed to reasonably comply with such order. c. Upon request of the subgrant recipient, the Department shall ascertain the facts and the extent of such failure, and if the Department determines that any failure to perform was occasioned by one or more said causes, the delivery schedule shall be revised accordingly. 19. Extension of a Contract for Contractual Services Extension o~ a contract for contractual services between the subgrant recipient and a contractor (which includes all project budget categories) shall be in writing for a period not to exceed six (6) months and is subject to the same terms and conditions set forth in the initial contract. Only one extension of the contract shall be acceptable, unless failure to complete the contract is due to events beyond the control of the contractor. 20. Written Approval of Changes in this Approved Agreement Subgrant recipients shall obtain approval from the Department for major changes. These include, but are not limited to: a. Changes in project activities, target populations, implementation schedules, designs or research plans set forth in the approved agreement; b. Budget deviations that do not meet the following criterion. That is, a subgrant recipient may transfer funds between budget categories as long as the total amount of transfer does not exceed ten (10) percent of the total approved budget and the transfer is made to an approved budget item; or, c. 'l'ranslers of funds above the ten (10) percent cap shall be made only if a revised budget is approved by the Department. Transfers do not allow for increasing the quantitative number of items documented in any approved budget item, i.e., increasing the quantity of equipment items in Operating Capital Outlay or Expense categories, or staff positions in the Salaries and Benefits category.) d. Under no circumstances can transfers of funds increase the total budgeted award. 21. Disputes and Appeals a. The Department shall make its decision in writing when responding to any disputes, disagreements or questions of fact arising under this agreement and shall distribute its response to all concerned parties. The subgrant recipient shall proceed diligently with the performance of this agreement according to the Department's decision. b. If the subgrant recipient appeals the Department's decision, the appeal also shall be made in writing within twenty-one (21) calendar days to the Department's clerk (agency clerk). The subgrant recipient's right to appeal the Department's decision is contained in Chapter 120, Florida Statutes, and in procedures set forth in Rule 28-106.104, Florida Administrative Code. Failure to appeal within this time frame constitutes a waiver of proceedings under Chapter 120, Florida Statutes. 22. Conferences and Inspection of Work Conferences may be held at the request of any party to this agreement. At any time, a representative of the Department, of the Division of Emergency Management of the Department of Community Affairs, of the U.S. Department of Justice, or the Auditor General of the State of Florida, have the privilege of visiting the.'prQjec;t". T- '~ No. /~. ~, FDLE Byrne Formula Grant Application Packaj~e 'ant Aj~p~tio£ se t;o. ZOO?. Rule 11 D-9.006 OCJG - 0~ 5 (rev. 03/25/02) P~,... / 7' Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program site to monitor, inspect and assess work performed under this agreement. 23. Access To Records a. The Department of Law Enforcement, the Department of Community Affairs, the Auditor General of the State of Florida, the U.S. Department of Justice, the U.S. Comptroller General or any of their duly authorized representatives, shall have access to books, documents, papers and records of the subgrant recipient, implementing agency and contractors for the purpose of audit and examination according to the OJP Financial Guide, and the U.S. Department of Justice Common Rule for State and Local Governments. b. The Department reserves the right to unilaterally terminate this agreement if the subgrant recipient, implementing agency, or contractor refuses to allow public access to all documents, papers, letters, or other materials subject to provisions of Chapter 119, Florida Statutes, and made or received by the subgrant recipient or its contractor in conjunction with this agreement. 24, Retention of Records The subgrant recipient shall maintain all records and documents for a minimum of three (3) years from the date of the final financial statement and be available for audit and public disclosure upon request of duly authorized persons. 25. Signature Authority Both the Subgrant Recipient Authorizing Official or Designated Representative and the Implementing Agency Official, Administrator or Designated Representative who sign Section I. Signature Page, have the authority to request changes to the approved agreement. The Project Director has authority to submit Financial and Performance Reports, with the exception of the Closeout Package, which also requires the signature by the Chief Financial Officer of the Subgrant Recipient or authorized designee. 26. Delegation of Signature Authority -- When the authorized official of a subgrant recipient or the implementing agency designates some other staff person signature authority for him/her, the chief officer or elected official must submit to the department a letter or resolution indicating the staff person given signature authority. The letter indicating delegation of signature authority must be signed by the chief officer or elected official and the person receiving signature authority. 27. Personnel Changes Upon implementation of the project, in the event there is a change in Chief Executive Officers for the Subgrantee or Implementing Agency, Project Director, or Contact Person, the OCJG must be notified in writing with documentation to include appropriate signatures. 28. Background Check Whenever a background screening for employment or a background security check is required by law for employment, unless otherwise provided by law, the provisions of Chapter 435, Florida Statutes shall apply. a. All positions in programs providing care to children, the developmentally disabled, or vulnerable adults for 15 hours or more per week; all permanent and temporary employee positions of the central abuse hotline; and all persons working under contract who have access to abuse records are deemed to be persons and positions of special trust or responsibility and require employment screening pursuant to Chapter 435, F.S., using the level 2 standards set forth in that chapter. b. All employees in positions designated by law as positions of trust or responsibility shall be required to undergo security background investigations as a condition of employment and continued employment. For the purposes of the subsection, security background investigations shall include, but not be limited to, employment history checks, fingerprinting for all purposes and checks in this subsection, statewide criminal and juvenile records checks through the Florida Department of Law Enforcement, and federal criminal records checks through the Federal Bureau of Investigation, and may include local cdminal records checks through local law enforcement agencies. (1) Any person who is required to undergo such a security background investigation and who refuses to cooperate in such investigation or refuses to submit fingerprints shall be disqualified for employment in such position or, if employed, shall be dismissed. AGENDA'ITE~ No. FDLE Byrne Formula Grant Application Packaj~e Grant tpplication Section Il - Pag~ Rule 11D-9.006 OCJG -005 (re f. 03/2~2r ? ~ 200 /? Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (2) Such background investigations shall be conducted at the expense of the employing agency. When fingerprinting is required, the fingerprints of the employee or applicant for employment shall be taken by the employing agency or by an authorized law enforcement officer and submitted to the Department of Law Enforcement for processing and forwarding, when requested by the employing agency, to the United States Department of Justice for processing. The employing agency shall reimburse lhe Department of Law Enforcement for any costs incurred by it in the processing of the fingerprints. 29. Drug Court Projects a. A Drug Court Project funded by the l~yrne Formula Grant Program must contain the 10 key elements outlined in the U.S. Department of Justice, Office of Justice Programs, Drug Courts Program Office, program guidelines "Defining Drug Courts: The Key Components", January 1997. This document can be obtained from FDLE, Office of Criminal Justice Grants, at (850) 410-8700. b. To ensure more effective management and evaluation of drug court programs, the subgrant recipient agrees that drug court programs funded with this award shall collect and maintain follow-up data on criminal recidivism and drug use relapse of program participation. The data collected must be available to U.S. DOJ and FDLE upon request. 30. Overtime for Law Enforcement Personnel Prior to obligating funds from this award to support overtime by law enforcement officers, the U.S. Department of Justice encourages consultation with all allied components of the criminal justice system in the affected jurisdiction. The purpose of this consultation is to anticipate and plan for systemic impacts such as increased court dockets and the need for detention space. 31. Criminal Intelligence System a. The purpose of the federal regulation published in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies is to assure that subgrant recipients of federal funds for the principal purpose of operating a criminal intelligence system under the Omnibus Crime Control and Safe Streets Act of 1968, 42 U.S.C. 3701, et seq., as amended, use those funds in conformance with the privacy and constitutional rights of individuals. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they operate a criminal intelligence system in accordance with Sections 802(a) and 818(c) of the Omnibus Crime Controland Safe Streets Act of 1968, as amended and comply with criteria as set forth in 28 CFR Part 23 - Criminal Intelligence Systems Operating Policies and in the Bureau of Justice Assistance's Formula Grant Program Guidance. Submission of this certificatiort is a prerequisite to entering into this agreement. c. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the subgrant recipient or criminal justice agency operates a criminal intelligence system and does not meet Act and federal regulation criteria, they must indicate when they plan to come into compliance. Federal law requires a subgrant-funded criminal intelligence system project to be in compliance with the Act and federal regulation prior to the award of federal funds. The subgrant recipient is responsible for the continued adherence to the regulation governing the operation of the system or faces the loss of federal funds. The Department's approval of the subgrant recipient agreement does not constitute approval of the subgrant-funded development or operation of a criminal intelligence system. 32. Confidential Funds A signed certification that the project director or the head of the Implementing Agency has read, understands, and agrees to abide by all of the conditions for confidential funds as set forth in the effective edition of OJP's Financial Guide is required from all projects that are involved with confidential funds from either Federal or matching funds. The signed certification must be submitted at the time of grant application. 33. Equal Employment Opportunity (EEO) a. No person, on the grounds of race, creed, color or national origin shall be excluded from particip~ fi-on ~-h'TE~, e, _~N,~ ^ refused benefits of, or otherwise subjected to discrimination under grants awarded pursuant to Title VJ .~'-' '~"~ IT No FDLE Byrne Forrnula Grant Application PackaJ~e Grant ~ Section J - Page 18 Rule 11D-9.006 OCJG - 005 (re,~ 03/25/~. / ~ . Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program the Civil Rights Act of 1964; Section 504 of the Rehabilitation Act of 1973, as amended; Title IX of the Education Amendments of 1972; The Age Discrimination Act of 1975; and, Department of Justice Non- Discrimination Regulations 28 CFR Part 42, Subparts C, D, E, F, G and H. b. The subgrant recipient and a criminal justice agency that is the implementing agency agree to certify that they either do or do not meet EEO program criteria as set forth in Section 501 of The Federal Omnibus Crime Control and Safe Streets Act of 1968, as amended and that they have or have not formulated, implemented and maintained a current EEO Program. Submission of this certification is a prerequisite to entering into this agreement. This certification is a material representation of fact upon which reliance was placed when this agreement was made. If the,st~grant recipient or irrtplementing agency meet Act criteria but have not formulated, implemented and maintained such a current written EEO Program, they have 120 days after the date this agreement was made to comply with the Act or face loss of federal funds subject to the sanctions in the Justice System Improvement Act of 1979, Pub. L. 96-157, 42 U.S.C. 3701, et seq. (Reference Section 803 (a) of the Act, 42 U.S.C. 3783 (a) and 28 CFR Section 42.207 Compliance Information). c. Any state agency, county or city receiving a single grant award for $500,000 or more OR an aggregate of grant awards for $1,000,000 or more during any 18 month period in federal funds, must have approval of its EEO Plan by the U.S. DO J, Office for Civil Rights (OCR). The subgrantee shall submit its EEO Plan to FDLE, for submittal to the U.S. DO J, OCR for approval. If the U.S. DO J, OCR has approved an agency's EEO Plan during the two previous years, it is not necessary to submit another EEO Plan. Instead, the subgrantee need only send a copy of its approval letter from the OCR. However, if the EEO Plan approval is more than two years old, an updated Plan must be submitted. 34. Americans with Disabilities Act Subgrantees must comply with the requirements of the Americans with Disabilities Act (ADA), Public Law 101- 336, which prohibits discrimination by public and private entities on the basis of disability and requires certain accommodations be made with regard to employment (Title I), state and local government services and transportation (Title II), public accommodations (Title III), and telecommunications (Title IV). 35. Immigration and Nationality Act No public funds will intentionally be awarded to any contractor who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Section 1324a(e), Section 274A(e) of the Immig ration and Nationality Act ("INA"). The Department shall consider the employment by any contractor of unauthorized aliens a violation of Section 274A(e) of the INA. Such violation by the subgrant recipient of the employment provisions contained in Section 274A(e) of the INA shall be grounds for unilateral cancellation of this contract by the Department. 36. National Environmental Policy Act (NEPA) a. The subgrantee agrees to assist FDLE in complying with the NEPA and other related federal environmental impact analyses requirements in the use of subgrant funds by the subgrantee. This applies to the following new activities whether or not they are being specifically funded with these subgrant funds. That is, it SEP 2 002 FDLE Byrne Formula Grant Application Package Grant ~j~J31ication S~ction II - page. ~9 Rule 11 D-9.006 OCJG - bo5 (rev. 03/2570'2~- Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program applies as long as the activity is being conducted by the subgrantee or any third party and the activity needs to be undertaken in order to use these subgrant funds, (1) New construction; (2) Minor renovation or remodeling of a property either (a) listed on or eligible for listing on the National Register of Historic Places or (b) located within a 100-year flood plain; (3)A renovation, lease, or any other proposed use of a building or facility that will either (a) result in a change in its basic prior use or (b) significantly change its size; and (4) Implementation of a new program involving the use of chemicals other than chemicals that are (a) purchased as an incidental component of a funded activity and (b) traditionally used, for example, in office, household, recreational, or educational environments. b. For any of a subgrantee's existing programs or activities that will be funded by these subgrants, the subgrantee, upon specific request from the Department and the U.S. Department of Justice, agrees to cooperate with DOJ in any preparation by DOJ of a national or program environmental assessment of that funded program or activity. 37. Non-Procurement, Debarment and Suspension The subgrant recipient agrees to comply with Executive Order 12549, Debarment and Suspension (34 CFR, Part 85, Section 85.510, Participant's Responsibilities). These procedures require the subgrant recipient to certify it shall not enter into any lower tiered covered transaction with a person who is debarred, suspended, declared ineligible or is voluntarily excluded from participating in this covered transaction, unless authorized by the Department. 38. Federal Restrictions on Lobbying a. Each subgrant recipient agrees to comply with 28 CFR Part 69, "New Restrictions on Lobbying" and shall file the most current edition of the Certification And Disclosure Form, if applicable, with each submission that initiates consideration of such subgrant recipient for award of federal contract, grant, or cooperative agreement of $100,000 or more; or federal loan of $150,000 or more. b. This certification is a material representation of fact upon which reliance was placed when this agreement was made. Submission of this certification is a prerequisite to entering into this agreement subject to conditions and penalties imposed by Section 1352, Title 31, United States Code. Any person who fails to file the required certification is subject to a civil penalty of not less than $10,000 and not more than $100,000 for each failure to file. c. The undersigned certifies, to the best of his or her knowledge and belief, that: (1) No federally appropriated funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of congress, an officer or employee of congress, or an employee of a member of congress in connection with the awarding of any federal loan, the entering into of any renewal, amendment, or modification of any federal contract, grant, loan or cooperative agreement. (2) If any non-federal funds have been paid or shall be paid to any person for influencing or attempting to influence an officer or employee of congress, or an employee of a member of congress in connection with this federal contract, grant loan, or cooperative agreement, the undersigned shall complete and submit the standard form, Disclosure of Lobbying Activities, according to its instructions. 5EP 24 FDLE Byrne Formula Grant Application Package Grant Section II - Page 20 Rule 11 D-9.006 OCJG - 005 (rev. 03/25/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program (3) The undersigned shall require that the language of this certification be included in award documents for all subgrant awards at all tiers and that all subgrant recipients shall certify and disclose accordingly. 39. State Restrictions on Lobbying In addition to the provisions contained in Item 38 of Section G, Conditions of Acceptance and Agreement, the expenditure of funds for the purpose of lobbying the legislature or a state agency is prohibited under this contract. 40. "Pay -to-Stay" Funds from this award may not be used to operate a "pay-to-stay" program in any local jail. Furthermore, no funds may be given to local jails that operate "pay-to-stay" programs. "Local jail", as referenced in this condition, means an adult facility or detention center owned and/or operated by city, county, or municipality. It does not include juvenile detention centers. "Pay-to-stay" programs as referenced in this condition, means a program by which extraordinary services, amenities and/or accommodations, not otherwise available to the general inmate population, may be provided, based upon as offender's apparent ability to pay, such that disparate conditions of confinement are created for the same or similar offenders within a jurisdiction. 41. Mitigation of Health, Safety and Environmental risks dealing with Clandestine Methamphetamine Laboratories If an award is made to support Methamphetamine laboratory operations the subgrant recipient must comply with this condition, which provides for individual site environmental assessment/impact statements as required under the National Environmental Policy Act. a. General Requirement: The subgrantee agrees to comply with Federal, State, and local environmental, health and safety laws and regulations applicable to the investigation and closure of clandestine Methamphetamine laboratories and the removal and disposal of the chemicals, equipment, and wastes used in or resulting from the operation of these laboratories. b. Specific Requirements: The subgrantee understands and agrees that any program or initiative involving the identification, seizure, or closure of clandestine Methamphetamine laboratories can result in adverse health, safety and environmental impacts to (1) the law enforcement and other governmental personnel involved; (2) any residents, occupants, users, and neighbors of the site of a seized clandestine laboratory; (3) the seized laboratory site's immediate and surrounding environment of the site(s) where any remaining chemicals, equipment, and waste form a seized laboratory's operations are placed or come to rest. Therefore, the subgrantee further agrees that in order to avoid or mitigate the possible adverse health, safety and environmental impacts from any of clandestine Methamphetamine operations funded under this award, it will (1) include the nine, below listed protective measures or components; (2) provide for their adequate funding to include funding, as necessary, beyond that provided by this award; and (3) implement these protective measures directly throughout the life of the subgrant. In so doing, the subgrantee understands that it may implement these protective measures directly through the use of its own resources and staff or may secure the qualified services of other agencies, contractor or other qualified third party. 1. Provide medical screening of personnel assigned or to be assigned by the subgrantee to the seizure or closure if of clandestine Methamphetamine laboratories; 2. Provide Occupational Safety and Health Administration (OSHA) required initial and refresher training for law enforcement officials and other personnel assigned by the subgrantee to either the seizure or closure of clandestine Methamphetamine laboratories; 3. As determined by their specific duties, equip personnel assigned to the project with OSHA required protective wear and other required safety equipment; AC£r;~A ITEM, ...... SEP 2. 200? p~ Z- FDLE Byrne Formula Grant Application Packajle 'ant Apl~t~rtlotr-- Rule 11D-9.006 OCJG - 005 (rev. 03~25~02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program 4. Assign properly trained personnel to prepare a comprehensive contamination report on each closed laboratory; 5. Employ qualified disposal contractors to remove all chemicals and associated glassware, equipment, and contaminated materials and wastes from the site(s) of each seized clandestine laboratory; 6. Dispose of the chemicals, equipment, and contaminated materials and wastes removed from the sites of seized laboratories at properly licensed disposal facilities or, when allowable, properly licensed recycling facilities; 7. Monitor the transport, disposal, and recycling components of subparagraphs 5. and 6. immediately above in order to ensure proper compliance; 8. Have in place and implement an inter-agency agreement or other form of commitment with a responsible State environmental agency that provides for that agency's (i) timely evaluation of the environmental conditions at and around the site of a closed clandestine laboratory and (ii) coordination with the responsible party, property owner, or others to ensure that any residual contamination is remediated, if necessary, and in accordance with existing State and Federal requirements; and 9. Include(t among the personnel involved in seizing of clandestine Methamphetamine laboratories, or have immediate access to, qualified personnel who can respond to the potential health needs of any offender(s)' children or other children present or living at the seized laboratory site. Response actions should include, at a minimum and as necessary, taking children into protective custody, immediately testing them for Methamphetamine toxicity, and arranging for any necessary follow-up medical tests, examinations or health care. SEP 2 FDLE Byrne Formula Grant Application Packaj~e Grant Application Section II - Page 22 OCJG - 005 (rev. 03/25/02) Rule 11D-9.006 Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Signature Parle In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Clayton H. Wilder, Community Proqram Administrator Date:. State of Florida Department of Community Affairs Division of Emergency Management Signature: Typed Name and Title: W. Craig Fugate, Director, Division of Emergency Management Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Jim Coletta, Chairman, Collier CountyCommissiOnDate: September 24, 2002 Implementing Agency Official, Administrator or Designated Representative Typed N~~cOllier County Sheriff's Office Typed Name and ~1~_ n Eluhter, Sheriff Date: September 9, 2002 FDLE Byrne Formula Grant Application Package =ection il - Page 23 Rule 110-9.006 OCJG 005 (r~;~,E~q3/._2_5_/02) Application for Funding Assistance Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program H. Si~inature Page In witness whereof, the parties affirm they each have read and agree to the conditions set forth in this agreement, have read and understand the agreement in its entirety and have executed this agreement by their duly authorized officers on the date, month and year set out below. Corrections on this page, including Strikeovers, whiteout, etc. are not acceptable. State of Florida Department of Law Enforcement Office of Criminal Justice Grants Signature: Typed Name and Title: Clayton H. Wilder, Community Program Administrator Date: State of Florida Department of Community Affairs Division of Emergency Management Signature: Typed Name and Title: W. Craig Fugate, Director, Division of Emergency Manaqement Date: Subgrant Recipient Authorizing Official of Governmental Unit (Commission Chairman, Mayor, or Designated Representative) Typed Name of Subgrant Recipient: Collier County Commission Signature: Typed Name and Title: Jim Coletta, Chairman, Collier County Commission Date: September 24, 2002 Implementing Agency Official, Administrator or Designated Representative Typed Name,,e,f-,~o~_ '_ntip~. ~~0ollier County Sheriff's Office Signature: ~-.~ ' ~~i !~,~"'-'~ Typed Name a~~ Hunt~rl Sheriff Date: September 9, 2002 AU; .:~A ITEl SEP 201 FDLE B)/rne Formula Grant Application Package Gra~ t Application Secti¢ n II - P~q;~ 23 ~ 5" Rule 11D-9.006 OCJG - 005 rev. 03/25~02) .... APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . · (Select one of the following): X Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Jim Coletta Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: September 24, 2002 ... SEP2 2..002 ~t~t Cou,,~t~, ~.t-f~e;, pg._ ,Z (. FDLE Byrne Formula Grant Application Package EEO Certification Revised 03/25/2002 Appendix IV - Page 2 of 2 APPENDIX IV - CERTIFICATION OF COMPLIANCE WITH EQUAL EMPLOYMENT OPPORTUNITY (EEO) PROGRAM REQUIREMENTS Florida Department of Law Enforcement Edward Byrne Memorial State and Local Law Enforcement Assistance Formula Grant Program SUBGRANTEE CERTIFICATION I, the undersigned authorized official, certify that according to Section 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as amended, that the Subgrantee (Subgrant Recipient) . . . (Select one of the following): _~X Meets Act Criteria ~Does not meet Act Criteria I affirm that I have read the Act criteria set forth in the Subgrant Application Instructions. I understand that if the Subgrant Recipient meets these criteria, it must formulate, implement and maintain a written EEO Plan relating to employment practices affecting minority persons and women. I also affirm that the Subgrant Recipient... (Select one of the following): X Has a Current EEO Plan Does Not Have a Current EEO Plan I further affirm that if the Subgrant Recipient meets the Act criteria and does not have a current written EEO Plan, federal law requires it to formulate, implement, and maintain such a Plan within 120 days after a subgrant application for federal assistance is approved or face loss of federal funds. Signature of Subgrantee Authorized Official Type Name: Jim Coletta Title: Chairman, Collier County Commission Subgrant Recipient: Collier County Commission Date: September 24, 2002 _---~_- t ~ t,,u~_. ~ - ...... AGEF:DA ITFI "-,~,. ~O~m~ a~,t4t,~- ~ No. /c ~ ~ SEP FDLE Byrne Formula Grant Application Package EEC ~e~ificaf~ Revis~ 0~25/2~2 Appendix IV - Pauu 2 ~ ~ EXECUTIVE SUMMARY TO APPROVE BUDGET AMENDMENTS TO RECOGNIZE ADDITIONAL FISCAL YEAR 2002 REVENUE IN THE CONFISCATED TRUST FUND (602). OBJECTIVE: To obtain approval from the Board of County Commissioners for budget amendments in the amount of $39,800 to recognize additional FY 2001/2002 revenues for the Confiscated Trust Fund (CTF) (602) and to increase CTF (602) transfers to the Sheriff's Grant Fund (115) for federal grant matches. CONSIDERATION: Money received in the Confiscated Trust Fund (602)can be used for local matches for federal grants. The money will be transferred to the Sheriff's Grant Fund (115) and distributed to the following grants: Amount Grant Name $ 7,900 C&F - STOP Violence Against Women ** DOT - D.U.I. Enforcement September 25, 2001' $ 6,500 DOT - Traffic Crash Report September 25, 2001' $ 2,200 ,' FDLE - Byrne COPS Program April 10, 2001' $ 2,600 FDLE - Byrne Juvenile Assessment & Monitoring Program (JAM) Il April 10, 2001' $ 6,100 FDLE - Byrne Taking Hoodlums Using Guns Seriously (THUGS) June 11,2002* $12,500 $ 2,0O0 OAG - Victims of Crime Act (VOCA) ** $39,800 Total ........ , .... + -,~r~r,i~tc~ct hi ,r, lnpt nmp. ndments. *Date Board of County Commissioners approved gr~ as g **Direct grants to Sheriff's Office that do not require Board of County Commissioner's approval. FISCAL IMPACT: The budget amendment will recognize $39,800 in confiscated property revenues and increase the transfer to the Sheriff's Grant Fund (115) to provide local matches to various federal grants. Additional budget amendments are required in the Sheriff's Grant Fund (115) to transfer the Confiscated Trust Fund (602) monies to the Victim of Crime Act (VOCA) and STOP Violence Against Women grants. GROWTH IMPACT;. None. RECOMMENDATION: That the Board of County Commissioners approve the necessary budget amendments. CERTIFICATION OF CONFISCATED TRUST FUND REQUEST This request is a legitimate expenditure of Confiscated Trust Funds under Section 932.705 (4)(a) Florida Statutes to be used for federal grant matches. No. Jh/xsctf02 SEP 2 2.00 . Pg. / EXECUTIVE SUMMARY THAT THE BOARD OF COUNTY COMMISSIONERS MAKE A DETERMINATION OF WHETHER THE PURCHASES OF GOODS AND SERVICES DOCUMENTED IN THE DETAILED REPORT OF OPEN PURCHASE ORDERS SERVE A VALID PUBLIC PURPOSE AND AUTHORIZE THE EXPENDITURE OF COUNTY FUNDS TO SATISFY SAID PURCHASES. OBJECTIVE: To have the Board of County Commissioners make a determination whether the purchase orders opened from August 17, 2002 through August 31, 2002 serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. CONSIDERATIONS: To ensure compliance with State lasv, the Clerk's Office has prepared a detail list of all purchase orders that have not previously been approved by the Board of County Commissioners that were opened for the period August 17, 2002 tkrough August 31, 2002. This report is available for inspection and review in the County Manager's Office. FISCAL IMPACT: The goods and services included in the aforementioned report have all been previously appropriated. GROIVTH MANAGEMENT IMPACT: There is no Growth Management Impact related to this item. RECOMMENDATION: That the Board of County Commissioners make a determination of whether the purchases of goods and services documented in the detailed report of open purchase orders serve a valid public purpose and authorize the expenditure of County funds to satisfy said purchases. J~nes L. Mitchell, CIA, CFE, CBA Director of Finance and Accounting Reviewed and ~n/////~ Approved By: Date: ~ff?~./'~z..-- De/fil~Johnsse AGENDA ITEM. "'"' General Accounting Manager No /g__._._~ ~ SEP 2 4 2002 Pg.~ff_~ EXECUTIVE SUMMARY APPROVE OF THE STIPULATED FINAL JUDGMENT RELATIVE TO THE EASEMENT ACQUISITION OF PARCEL 175C IN THE LAWSUIT ENTITLED COLLIER COUNTY V. MICHAEL $. COMBS, ET AL., (Immokalee Phase 1 Project). 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 fee simple interest of Parcel 175C for the Immokalee Phase 1 project in the lawsuit entitled Collier County v. Michael S. Combs, et al., Case No. 02-2135-CA. CONSIDERATIONS.-'. An Order of Taking Hearing was scheduled for August 27, 2002 with respect to the fee simple taking of this Parcel, part of the Immokalee Phase 1 project (Project No. 60018). Collier County has deposited the sum of One Thousand and No/100 Dollars ($1,000) with the Registry of the Court for this Parcel. Through negotiations, the parties have reached a settlement agreement whereby the property owners will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 2002-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for a total payment of Thirteen Hundred Fifty and No/100 Dollars ($1,350.00), with Six Hundred Seventy Five and No/100 ($675.00) to be paid to Melvin Shields, as party in interest through respondent Leslie K. Shields, and Six Hundred Seventy Five and No/100 Dollars ($675.00) to be paid to Kassie L. Scarlett-Mclntyre, beneficiary to Respondent Michael Mclntyre, deceased, by and through David R. Schmidt, as Guardian of Florida real property. There are no attorney fees or other costs. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Three Hundred Fifty and No/100 Dollars ($350.00) 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. ~'~'FI SC AL IMP A CT: r'~'~'~ ' NO. J.(, _,[. _ Cost: $35o.00 SEP 2 2002 Fund: 313 - Transportation Gas Tax Cost Center: 163673 - Road Construction Gas Tax Pg. I Project Number: 60018 - Immokalee Phase 1 Project _ _ GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. 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 $350.00 into the Registry of the Court. Heidi F. Ashton Assistant County Attorney REVIEWED BY: J~',~~t ~ Date: c,~ [2~ Lynn'Thorpe, Principal Project Manager Transportation Utilities and Engin~eerin g"Depart~ent REVIEWED BY: , l- ~'~ Date: GregVg Strakaluse, Director Transpo/~ation Engineering & C on~,~~ .a~ment REVIEWED BY: Norn/Feder ' ' Date: Tra~/sportation Administrator APPROVED BY: ~ ./~~?~~ Date: ~6~'-"/~- ~2'~ David C. Weigel County Attorney SEP 2 2002 2 IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLI.IER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLOR[DA, a political subdivision of the State of Florida, Case No.: 02-2135-CA Petitioner, Parcel No.: 175C VS. MICHAEL S. COMBS, et al., Respondents. / STIPULATED FINAL JUDGMENT THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, COLLIER COUNTY, FLORIDA, (hereafter "Petitioner") by and through its undersigned counsel. and Respondent. LESLIE K. SHIELDS. individually and d/b/a CAMPBELL INVESTMENTS: MELVIN SHIELDS, as party in interest through Respondent Leslie K. Shields; and KASSIE L. SCARLETT-MCINTYRE, beneficiary to Respondent MICHAEL MCINTYRE, deceased, by and through David R. Schmidt, as Guardian of Florida Real Property of KASSIE L. SCARLETT- MCINTYRE; for entry of a Stipulated Final Judgment as to Parcel No. 175C, and it appearing to the Court that the parties are authorized to make such motion, and the Court finding that the compensation to be paid by Petitioner is the full compensation due these Respondents, LESLIE K. SHIELDS. individually and d/b/a CAMPBELL INVESTMENTS, and MICHAEL MCINTYRE, deceased, and the Court being otherwise fully advised in the premises thereof, it is thereupon, ORDERED AND ADJUDGED that Respondents, LESLIE K. SHIELDS, individually and ! J ~:~;,,: ;..,. ~;~., ~:.~-~.- :, :,~<5.:i pg. d/b/a CAMPBELL INVESTMENTS, and MICHAEL MCINTYRE, deceased, recover fi'om Petitioner the sum of THIRTEEN HUNDRED FIFTY AND 00/100 DOLLARS ($1,350.00). for Parcel No. 175C, 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's fees or other costs shall be awarded in connection with the above-styled cause of action as it relates to Parcel No. 175C: it is further ORDERED that Petitioner shall deposit an additional THREE HUNDRED FIFTY AND 00/100 DOLLARS ($350.00), subject to approval of the Board of County Commissioners. into the registry of this Court within thirty (30) days of the date of this Stipulated Final Judgment; it is further ORDERED that the Clerk of this Court shall disburse the total amount of SIX HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($675.00) to MELVIN SHIELDS. P.O. Box 795, Long Key, Florida 33001: it is further ORDERED that the Cle?k of this Court shall disburse the total amount of SIX HUNDRED SEVENTY FIVE AND 00/100 DOLLARS ($675.00) to KASSIE L. SCARLETT-MCINTYRE, by check payable to David R. Schmidt, Guardian to Kassie L. Scarlett-McIntyre. 1200 East Dorothy Lane, Da.vton, Ohio 45419; it is further ORDERED that title to Parcel No. 175C. a fee simple interest, being fully described in Exhibit "A' attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002. 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 3047, Page 0538 of the Public Records of Collier County, Florida be dismissed to Parcel No. 175C: it is therefore i AP--~dYDAITi~M / as I no. SEP 2 DONE AND ORDERED in Chambers ~at Naples, Collier County, Florida this __ day of ,2002. CIRCUIT COURT JUDGE Conformed copies to: Heidi F. Ashton, Esquire E. Glenn Tucker, Esquire Leslie K. Shields Melvin Shields David R. Schmidt Richard Bennett. Personal Representative of the Estate of Michael Mclntyre JOINT MOTION FOR STIPULATED FINAL JUDGMENT The parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel No. 175C. Dated: Dated: LESLIE SHIELDS HEIDI F. ASHTON, ESQUIRE ~ Individually and cl/b/a Campbell Investments Florida Bar No. 0966770 5014 Marcy Road OFFICE OF THE COUNTY ATTORNEY Dayton. Ohio 45449-2747 Harmon Turner Building 3301 East Tamiami Trail Naples. Florida 34112 Telephone: 941/774-8400 MELVIN SHIELDS Facsimile: 941/774-0225 P.O. Box 795 Attorney for Petitioner Long Key, Florida 33001 KASSIE L. SCARLETT-MCINTYRE By: Dayton. Ohio 45419 · SEP 2 200Z SEP 2 z~ 2002 I I AGENDA ITEM NO. ~ SEP 2 q 2002 EXECUTIVE SUMMARY Request by the Collier County Industrial Development Authority for approval of a resolution authorizing the Authority to issue revenue bonds to be used to finance health care facilities for NCH Healthcare System, Inc. OBJECTIVE: To accomplish the necessary approvals to authorize a proposed revenue bond issue by the Collier County Industrial Development Authority to be used to finance health care facilities for NCH Healthcare System. CONSIDERATIONS: The Industrial Development Authority has been requested by NCH Healthcare System, Inc. ("NCH'), the parent corporation for Naples Community Hospital, to issue its bonds to finance certain health care facilities that NCH proposes to purchase. These facilities consist of the former Pace Warehouse located on Pine Ridge Road. NCH has been occupying the building as a sublessee since 1996, and has a contract to purchase the building. The building houses various support functions such as billing, finance, accounting, materials management, and warehousing. NCH proposes to borrow approximately $14 million to purchase the building and pay the costs of issuance of the bonds The Authority met on September 9, 2002 and considered the proposal. The meeting was noticed by publication in the Naples Daily News in the manner required by the Internal Revenue Code, and any comments of members of the public were considered. At the conclusion of the public hearing, the Authority determined to proceed with the bond issue and adopted the attached Resolution to evidence this approval. In addition to Authority approval, federal tax law requires that the County Commission, as the local governing body, must also approve the issuance of the tax-exempt bonds. This does not have to be a specially advertised hearing, but must be done at a regularly noticed and held meeting. A Resolution for the Board to adopt is attached. As are all revenue bonds of this type, the bonds are based on revenues of the project and are not obligations of the County, therefore there is no pledge of any taxes, nor a pledge of any revenues except the revenues of NCH. Neither the County, the Board, nor any officer of the County is liable for their payment. Further, the Resolution expressly provides that this approval by the Board does not abrogate any County regulations, including land use regulations. FISCAL IMPACT: This program does not require any contribution from the Board of County Commissioners or any other County agency. The bonds are not liabilities of the County, and the AGENDA ITEM_ NO. ~ SEP 2 2002 County is not liable for payment in any way. On the other hand, the issuance of bonds for health ..-... care facilities has a positive fiscal and social impact on the community, and the statutes authorizing the Authority to issue such bonds declare that such issuance is for a public purpose. The Authority has checked with the County's Financial Advisor and has been advised that the bonds will have no adverse impact on the County's bonding capacity. GROWTH MANAGEMENT IMPACT: The adoption of the attached resolutions will have no adverse growth management consequences. The building to be purchased is located in the unincorporated area of the County and is subject to the LDC, the Growth Management Plan, and any applicable concurrency requirements. RECOMMENDATION: The Board of County Commissioners adopt the attached Resolution. Collier County Industrial Development Authority Approved by: David C. Weigel, C~unty ~ttorney A G EN, E) A,.I.'[.E ~M.,,x -2- NO. ~ SEP 2 2002 Pg.,, RESOLUTION NO. 02- A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA APPROVING THE ISSUANCE AND SALE OF REVENUE BONDS BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, AS REQUIRED BY SECTION 147(t') OF THE INTERNAL REVENUE CODE, AS AMENDED; AND PROVIDING FOR OTHER RELATED MATTERS. Whereas, the Collier County Industrial Development Authority (the "Authority") is a body corporate and politic of Collier County, Florida ("Collier County") created by Collier County Resolution No. 79-34 duly adopted by the Board of County Commissioners on February 27, 1979 pursuant to Part III of Chapter 159, Florida Statutes, as amended, with the power to issue revenue bonds for the purposes of financing a "project" as defined in Part II of Chapter 159, Florida Statutes, as amended; and Whereas, NCH Healthcare System, Inc. (the "Corporation") a Florida not-for-profit corporation, has requested the Authority to issue its Health Care Facilities Revenue Bonds (N'CH Healthcare System, Inc. Obligated Group), Series 2002 in an amount not to exceed $14,000,000 (the "Bonds") for the purpose of making a loan to the Corporation for the purpose of providing funds to acquire certain real property in Collier County, Florida and the building thereon of approximately 108,000 square feet which has been and will continue to be used to house certain administrative and support facilities of the Corporation (the "Project") and to pay certain expenses incurred in connection with the issuance of the Bonds; and W'hereas, Section 147(f') of the Internal Revenue Code of 1986, as amended (the "Code"), provides that the elected legislative body of the governmental unit ~vhich has jurisdiction over the area in which the facility financed with the proceeds of tax-exempt bonds is located is to approve the issuance of such bonds after a public hearing; and Whereas, the Board of County Commissioners of Collier County, Florida (the "Board") is the elected legislative body of the County; and Whereas. the Authority caused a notice of a public hearing to consider approval of the Bonds and the location and nature of the Project to be published on or before August 26, 2002 in the Naples Daily News, a newspaper of general circulation in Collier County, and a copy of said notice is attached to the Authority Resolution described herein (the "Notice"); and Whereas, the Authority held a public hearing on September 9, 2002, pursuant to the Notice and adopted a resolution ( the "Authority Resolution") authorizing the issuance of the Bonds, a cop.',' of which is attached hereto as Exhibit A, and has recommended to the Board that it approve the issuance of the Bonds in accordance xvith Section 147(0 of the Code; and Whereas, for the reasons set forth above, it appears to the Board that the approval of the issuance and sale of such Bonds as required by Section 147(f) of the Code is in the best interests of Collier County, NOW, THEREFORE, Be It Resolved by the Board of County Commissioners of Collier County, Florida, that: Section 1 Approval of Issuance of the Bonds. This Board hereby app ~;'c:, tlc izz'.:~nce of the Bonds by ihe Authority for the purposes described in the Notice pursuant t¢ Se~..1~_~. SEP 2 6 2002 Pg. the Code. The Bonds shall be issued in such aggregate principal amount, bear interest at such rate or rates, mature in such amount or amounts and be subject to redemption as are approved by the Authority without the further approval of this Board. The Bonds shall not constitute a debt, liability or obligation of Collier County, the Board, any officer, agent or employee of Collier County, the State of Florida or any political subdivision thereof, but shall be payable solely from the revenues provided therefor, and neither the faith and credit nor any taxing power of Collier County or the State of Florida or any political subdivision thereof is pledged to the payment of the principal of, premium, if any, and interest on the Bonds. No member of the Board or any officer or employee thereof shall be liable personally on the Bonds by reason of their issuance. This approval shall in no way be deemed to abrogate any regulations of Collier County for any portions of the Project located within the regulatory jurisdiction of Collier County. The Project shall be subject to all such regulations, including, but not limited to, the Collier County Growth Management Plan and all concurrency requirements contained therein and the Collier County Land Development Code. Section 2. Severabilio,. If any section, para~aph, clause or provision of this Resolution shall be held to be invalid or ineffective for any reason, the remainder of this Resolution shall continue in full force and effect, it being expressly hereby found and declared that the remainder of this Resolution would have been adopted despite the invalidity or ineffectiveness of such section, paragraph, clause or provision. Section 3. Effective Date. This Resolution shall take effect immediately upon its adoption, and any provisions of any previous resolutions in conflict with the provisions hereof are hereby superseded. PASSED and Adopted this 24th day of September, 2002. ATTEST: COLLIER COUNTY, FLORIDA BY Dwight E. Brock, Clerk ITS BOARD OF COUNTY COMMISSIONERS By: Deputy Clerk James N. Coletta, Chairman [SEAL] Approved as to form a~d legal sufficiency: D~.v~ C. Weigel, C'ohnty Atl~rney AGF.~, ,DA,.IT, Etm NO. ~ : 2 SEP 2 6 2002 pg. RESOLUTION NO. 2002-01 AN INDUCEMENT RESOLUTION OF THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY REGARDING THE OFFICIAL ACTION OF THE AUTHORITY WITH RESPECT TO THE PROPOSED ISSUANCE BY THE AUTHORITY OF ITS HEALTH CARE FACILITIES REVENUE BONDS (NCH HEALTHCARE SYSTEM, INC. OBLIGATED GROUP) SERIES 2002 IN AN INITIAL AGGREGATE PRINCIPAL AMOUNT NOT TO EXCEED $14,000,000 FOR THE PRINCIPAL PURPOSE OF FINANCING CERTAIN COSTS INCURRED OR TO BE INCURRED BY NCH HEALTHCARE SYSTEM INC. ( THE "CORPORATION") IN CONNECTION WITH THE ACQUISITION OF CERTAIN' HEALTH CARE FACILITIES; AUTHORIZING THE EXECUTION AND DELIVERY OF A PRELIMINARY AGREEMENT BETWEEN THE AUTHORITY AND THE CORPORATION; AND PROVIDING FOR RELATED MATTERS. WHEREAS, NCH Healthcare System Inc., a Florida not-for-profit corporation (the "Corporation") has applied to the Collier County Industrial Development Authority (the "Authority") to issue a series of its private activity revenue bonds in the initial aggregate principal amount of not to e_xceed S14,000,000 (the "Series 2002 Bonds") for the principal purpose of financing certain costs of acquisition of certain health care facilities (the "Project") to be owned and operated by the Corporation and paying costs associated with the issuance of the Series 2002 Bonds; and WHEREAS, the Corporation has requested that the Authority loan the proceeds of the Bonds to the Corporation pursuant to Chapter 159, Parts II and III, Florida Statutes, or such other provision or provisions of Florida law as the Authority may determine advisable (the "Act") in order to accomplish the foregoing purposes; and WHEREAS, the issuance of the Bonds and the loaning of the proceeds thereof to the Corporation to finance the costs of the Project under loan agreements or other financing agreements, and pursuant to the terms thereof which will provide that payments thereunder be at least sufficient to pay the principal of and interest and redemption premium, if any, on such Bonds and such other costs in connection therewith as may be incurred by the Authority, will assist the Corporation and promote the public purposes provided in the Act; and AGENDA ITEM .. .--- ,o. c_,.'> SEP 2 2002 EXI'ilBIT "A" TO BCC RI:SOLUTION Pg' WHEREAS, the Corporation has submitted the Preliminary Agreement (the "Preliminary Agreement") relating to the issuance of the Bonds, attached hereto as Exhibit A; and WHEREAS, in order to satisfy certain of the requirements of Section 147(0 of the Internal Revenue Code of 1986, as amended (the "Code"), the Authority did on the date hereof hold a public hearing on the proposed issuance of the Series 2002 Bonds for the purposes herein stated, which date is more than 14 days following the first publication of notice of such public hearing in a newspaper of general circulation in Collier County and which public hearing was conducted in a manner that provided a reasonable opportunity for persons with differing views to be heard, both orally and in writing, on the issuance of the Series 2002 Bonds and the location and nature of the Project, as more particularly described in the notice of public hearing attached hereto as Exhibit B; and WHEREAS, it is intended that this Resolution shall constitute official action toward the issuance of the Series 2002 Bonds within the meaning of the applicable United States Treasury Regulations in addition to any other action that may have heretofore been taken by the Corporation; NOW, THEREFORE, BE IT RESOLVED BY THE COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY, THAT: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to the provisions of the Act and other applicable provisions of law. SECTION 2. PRELIMINARY STATEMENT. This Resolution is entered into to permit the Corporation to proceed with the financing of the costs of the Project and to provide an expression of intention by the Authority, prior to the issuance of the Bonds, to issue and sell the Bonds and make the proceeds thereof available for such purposes, all in accordance with and subject to the provisions of the Act, the Constitution and other laws of the State of Florida and the laws of the United States of America, including the Code, and this Resolution, but subject in all respects to the terms of the Preliminary Agreement. SECTION 3. APPROVAL OF THE FINANCING. The financing of the costs of the Project by the Authority through the issuance of the Bonds, pursuant to the Act, will promote the economic development, prosperity, health and welfare of the citizens of Collier County, will promote the general economic structure of Collier County, and will thereby sen'e the public purposes of the Act and is hereby preliminarily approved, subject, however, in all respects to the Corporation meeting the conditions set forth in the Preliminary Agreement to the sole satisfaction of the Authority. AC~NDA [TEM~ - SEP 2 ~ 20O2 Pg._ & SECTION4. EXECUTION AND DELIVERY OF PRELIMINARY AGREEMENT. The Chairman or the Vice-Chairman is hereby authorized and directed to execute, for and on behalf of the Authority, the Preliminary Agreement, in the form attached hereto as Exhibit "A", between the Authority and the Corporation providing understandings relative to the proposed issuance of the Bonds by the Authority to finance the costs of the Project in an aggregate principal amount not to exceed the lesser of(a) $14,000,000 or (b) the amount determined by the Authority and the Corporation to be necessary to accomplish the foregoing purposes. SECTION 5. AUTHORIZATION OF THE BONDS. There is hereby authorized to be issued and the Authority hereby determines to issue the Bonds, if so requested by the Corporation and subject in all respects to the conditions set forth in the Preliminary Agreement, in an aggregate principal amount not to exceed $14,000,000 for the principaI purpose of financing the costs of the Project as described in the Preliminary. Agreement. The rate of interest payable on the Bonds shall not exceed the maximum rate permitted by law. SECTION 6. GENERAL AUTHORIZATION. The Chairman and the Vice-Chairman are hereby further authorized to proceed, upon execution of the Prelimina%,' Agreement, with the undertakings provided for therein on the part of the Authority and are further authorized to take such steps and actions as may be required or necessary in order to cause the Authority to issue the Bonds subject in all respects to the terms and conditions set forth in the Preliminary Agreement authorized hereby. SECTION 7. OFFICIAL ACTION. This resolution is an official action of the Authority toward the issuance of the Series 2002 Bonds, as contemplated in the Preliminary Agreement, in accordance with the purposes of the laws of the State of Florida and the applicable United States Treasury Regulations. SECTION 8. LIMITED OBLIGATIONS. The Bonds and the interest thereon shall not constitute an indebtedness or pledge of the general credit or taxing power of Collier County, the State of Florida or any political subdivision or agency thereof but shall be payable solely from the revenues pledged therefor pursuant to a loan agreement or other financing agreement entered into between the Authority and the Corporation prior to or contemporaneously with the issuance of the Bonds. The Authority has no taxing power. SECTION 9. LIMITED APPROVAL. The approval given herein shall not be construed as an approval or endorsement of approval of any necessary rezoning applications nor for any other regulatory permits relating to the Project and the Authority shall not be construed by reason of its adoption of this resolution to have waived any right AGENDA ITEM ,. 3 NO. ~ SEP 2 2002 Pg- -7 of Collier County or estopping Collier County from asserting any rights or responsibilities it may have in that regard. SECTION 10. EFFECTIVE DATE. This Resolution shall take effect immediately. ADOPTED this 9th day of September, 2002. COLLIER COUNTY INDUSTRIAL DEVELOPMENT AUTHORITY (SEAL) /s/ J.R. Humphrey, Chairman ATTEST: /s/ Secretary 4 AGENDA ITEM NO. J~ SEP 2 ~ 2002 Pg._ ~ HapLes I)ai Ly News NapLes, FL 34102 Affidavit of PubLication : _ - NapLes DaiLy Ne~s '"- 5150 TAH~AHI TRL g ~2 ~m,. ~o g . se n · r .,' NAPLES FL ~03 ~11~ ~m , ~ n ' C~nty of CoL~e~ .... Before the unde~s~gn~ authority/ pe~sona~Ly appea~ B. ~/ ~ho ~ ~th ~ay~ t~at she serve .~- as ~stant Co~ate Secretary of the DaiLy Neus/-a da~y n~spape~ ~ub~tshed at NapLes, Th~ol~ b~ ~ 2~ Pl~ ~1~ ~ in Collier County, FLorida: that the attached O. ~ffer Rev~ome Trust OhO ts ~cupseo uv me copy of advertising ~as pubLish~ in said C~lonundero:ubl~e. ne~spape~ on dates Lis~. ~ple~ ~f.~ oppllc~ for'~nonclno ore ovolloble Affiant furthe~ says that the said Naples Oai Ly f~ Int~lo~nd c~vl~ ~e ~lce of ~e A~or. Ne~s is a newspaper published at Naples, in said to submit ~lffen comme~ ~ ~no me neormg, Co~Lie~ C~nty, Florida, and tha~ the said a~her ~e~o~llv ~ ~rough ~elr re~resen~lve, ond wll be given On op~nl~ fo express ~elr newspape~ has heretofore been continuously vlew~ concerning ~e prole~ or me flnonclng. Any. published in said Collier County, FLoPida, each one:desiring ~ moke ~lffen commenb In oavonce day and ha~ ~n ~ter~ as ~econd class ~i~ I~eh~rlngmoy~n~suchcommen~o: ~tter at the ~st office tn Nap~es/ tn latd Collier County, Florida, fo~ a pe~tod of 1 yea~ c/oEc~omlcDevet~me~uncH 3050 N~ H~sh~ ~e, 5u~e 120 attach~ copy of adventi~ement; and afftant ISHOULD ANY~PER~N DECIDE~O ~ .&~ funthe~ says that she has neithen ~td nor IDECI~ION ~ADE BY'-THE AUTHORITY WITH promised any person, fi~m o~ coronation any I~E~ TO ANY ~ER CONSIDERED AT SUCH discount, rebate, commission o~ nefund for the IHEARINO, 5UGH'PERSON WILl. NEED A RECORD ~OF .'THE PR~EEDING$ AND. FOR THAT PUR- put,se of secuning this advertisement for /POSE;-SUCHPERSON MAY NEED TO ENSURE lINGS' I~ ~E.~[CH RECORD INCLUDES THE pubLiction in the said newspaper. /THAT. A ~RBATI~'RECO~D-OF.THE PROCEED- /~ES~IMONY AND ~IDEN~ UPON WHICH THE PUBLISHED ON: 08/26 /APP~LISTO BEBASED..~ .-. - In 0cc0rdgnce w~ ~e ~m~l~on~ I1~ ~an seven (7) days prl~ ~ ~e n~rmg. IThls ~ce Ii siren .6r~bbm ~ ~on 147(~ of AD SPACE: 146.~ ZHCH jl~lReVenueC~e, asamenaea. FZLED ON: 08/26/02 ..................... Colller ~u~ Indus~al Development ~1~ Signature of Affiant ,, IAugusf$6 ....... No. 2092692 "~ Expiro~ Ge~tember 11. 2005 '"" I AGENDA ITEM :: EXHIBIT TO AUTHORITY SEP 2 ~ 2002 RESOLUTION pg. c~ DONALD A. PICKWOi~TH, P.A. AYTORNEY AT LAW SUITE 602 NEWGATE TowER 5150 NORTH TAMIAI~II TRAIL NAPLES. FLORIDA 134103 (94-1) 263-8060 FAX (94t) 590- Il(! September 9, 2002 David C. Weigel, Esquire Collier County Attorney Collier County Courthouse/Bldg F Naples, FL 34112 Re: September 24, 2002 Agenda -v ---4-_~ -' Dear David: '-v ~ -5. ~.._..~, I am enclosing the following documents for inclusion in the September 24, 200~[,~ Z ~ aeenaa: ct; - < 1. Executive Summary relating to approval of Industrial Development Authority Bonds for healthcare facilities. 2. Resolution to be adopted by the Board of County Commissioners at the Board meeting of September 24, 2002 approving the Bonds. 3. Exhibits consisting of Affidavit of Publication for the required TEFRA hearing conducted by the Authority and the Inducement Resolution adopted by' the Authority at its meeting on September 9. Since we have been placing these items on the Consent Agenda recently, I would request that this also be on Consent. Thank you for your assistance in this, and if you have any questions or need further information, please contact me. Very truly yours, Donald A. Pickworth Enclosures AGENDA ITF' ' SEP 2 2002 I0 EXECUTIVE SUMMARY APPROVE THE STIPULATED FINAL JUDGMENT RELATIVE TO THE ACQUISITION OF PARCEL 209 IN THE LAWSUIT ENTITLED COLLIER COUNTY V. ARMANDO A. LAMBERT, ET AL., (Immokalee Phase 1 Project). OBJECTIVE: That the Board of County Commissioners approve the Stipulated Final Judgment as full and final compensation to be paid for the fee simple acquisition of Parcel 209 for the Immokalee Phase I project in the lawsuit entitled Collier County v. Armando A. Lambert, et al., Case No. 02-2132-CA. CONSIDERATIONS: On August 27, 2002, an Order of Taking was entered in Collier County Circuit Court regarding the acquisition of fee simple title for Parcel 209 for the widening of Immokalee Road (Project No. 60018). Collier County has, or will soon be, depositing with the Registry of the Court the sum of Seven Thousand Five Hundred and No/100 Dollars ($7,500.00) for Parcel 209 in accordance with the Order of Taking. Through negotiations, the parties have reached a settlement agreement whereby the property owner, Juan B. Arizmendi, will be fully and fairly compensated for the property interests taken for the public purposes enumerated in the resolution of condemnation (Resolution No. 02-125). The terms of the settlement agreement are set out in the Stipulated Final Judgment (attached as Exhibit "1"). The Stipulated Final Judgment provides for Nine Thousand Five Hundred and No/100 Dollars ($9,500.00) to be paid to the Respondent as full compensation for the property rights taken as to Parcel 209. There are no attorney fees or other costs to Respondent associated with this taking. The Stipulated Final Judgment provides that Collier County shall deposit the additional amount of Two Thousand and No/100 Dollars ($2,000.00) with the Registry of the Court. Staff has reviewed the County's obligations stated in the Stipulated Final Judgment and consider them to be reasonable. A ISCAL IMPACT: Funds in the amount of $2,000 will come from the Transportation 2003 dopted budget. Source of Funds will be Gas Taxes and Impact Fees. GROWTH MANAGEMENT IMPACT: Consistent with the Collier County Growth Management Plan. RECOMMENDATION: That the Board of County Commissioners: '~ ~,l~0,k ITEM SEP 2 q 2002 .~-- 1. approve the Stipulated Final Judgment; 2. approve the expenditure of the funds as stated; and 3. direct staff to deposit the sum of $2,000.00 into the Registry of the Court. Ellen T. Chadwell Assistant County Attorney REVIEWED BY Xho 'e, Project Manager Transportation Utilities and REVIEWED BY: "' Gregg StraL Transportation Engineering & Const~ction Management REVIEWED BY: l Norm;'Feder I · Transportation Administrator APPROVED BY: David C. Weigel County. Attorney NC). ~ SEP 2 q 2002 Pg._ - IN THE CIRCUIT COURT OF THE TWENTIETH JUDICIAL CIRCUIT IN AND FOR COLLIER COUNTY, FLORIDA CIVIL ACTION COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, Case No.: 02-2132-CA-TB Petitioner, vs. Parcel: 209 ARMANDO A. LAMBERT, et al., Respondents. / STIPULATED FINAL JUDGMENT AS TO PARCEL 209 THIS CAUSE having come before the Court upon Joint Motion made by Petitioner, by and through its undersigned counsel, and Respondent, JUAN B. ARIZ.MENT)I, for entry of a Stipulated Final Judgment as to Parcel No. 209, 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, JUAN B. ARIZMENDI, and the Court being otherwise fully advised in the premises thereof, it is thereupon ORDERED AND ADJUDGED that Respondent, JUAN B. ARIZMENDI, have and recover from Petitioner, COLLIER COUNTY, FLORDA, the sum of NINE THOUSAND FIVE HUNDRED and No/100 Dollars ($9,500.00) for Parcel No. 209 as full payment for the property interests taken and for damages resulting to the remainder, I AGENDA ITEM ! SEP 2 2002 if less than the entire property was taken, business damages, and for all other damages in connection with said parcel; it is further ORDERED that no attorneys fees or other costs shall be awarded in connection with the above cause of action as it relates to Parcel No. 209; it is further ORDERED that Petitioner shall deposit an additional TWO THOUSAND and No/100 Dollars ($2,000.00) 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 of this Court shall disburse the total amount of NINE THOUSAND FOUR HUNDRED SEVENTY NINE and 52/100 Dollars ($9,479.52) to Respondent, JUAN B. ARIZMENDI, 1091 24th Avenue N.E., Naples, Florida 34120, less any amounts previously paid for the benefit of Respondent; it is further ORDERED that the Clerk of this Court shall disburse the total amount of TWENTY and 481100 Dollars ($20.48) to Respondent, COLLIER COUNTY TAX COLLECTOR; it is further ORDERED that disbursement to Respondent, JUAN B. ARIZMENDI, is subject to claims of mortgagees, if any; it is further ORDERED that fee simple title to Parcel No. 209, being fully described in Exhibit "A" attached hereto and incorporated herein, which vested in Petitioner pursuant to the Order of Taking dated August 27, 2002, 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 3046, Page 294 of the Public Records of Collier County, Florida be dismissed as to Parcel No. 209; and it is further A~D~!]1j~M ,~ NO. ~/~ ,. SEP 2002. ORDERED that this Stipulated Final Judgment is to be recorded in the Official Records of Collier Count.,,', Florida. DONE AND ORDERED in Chambers at Naples, Collier County, Florida, this ~ day of ,2002. Hugh D. Hayes Circuit Court Judge conformed copies to: Juan B. Arizmendi Ellen T. Chadwell, Assistant County Attorney E. Glenn Tucker, Esquire JOINT MOTION FOR STIPULATED FINAL JUDGMENT The Parties hereby stipulate and respectfully request this Court to enter the foregoing Stipulated Final Judgment as to Parcel 209. Dated: September ,2002 Dated: September / ~, 2002 JUAN B. ARIZMENDI ELLEN T. CHADWELL, ESQUIRE 1091 24th Avenue N.E. Florida Bar No. 0983860 Naples, Florida 34120 Assistant County Attorney Harmon Turner Building 3301 East Tamiami Trail, 8th Floor Naples, Florida 34112 (941) 774-8400 - !Phone (941) 774-0225 - ~acsimile Attorney for Petitioner SEP 2 4..2002 __ P{[. % FEE SIMPs.~ INTEREST 119 1289, PG. 1967 ~ FA 002~'~0' E 330.00' --" IMMOKALEE ROAD s.~. ~4~ EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE AND RATIFY THE RETENTION OF NICHOLS HOSPITALITY CONSULTING, INC. AND JAN L. NICHOLS AS CONSULTANTS OR EXPERTS ON HOTEL ISSUES IN AQUAPORT V. COLLIER COUNTY, CASE NO. 2:01-CV-341-FTM-29DNF, NOW PENDING IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA AND AUTHORIZETHE CHAIRMAN TO SIGN ANY NECESSARY RETENTION DOCUMENTS. ~: For the Board of County Commissioners to approve and ratify the retention of Nichols Hospitality Consulting, Inc. and Jan L. Nichols as consultants or experts on hotel issues in Aquaport v. Collier County, Case No. 2:01-CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida and authorize the Chairman to sign any necessary retention documents. CONSIDERATIONS: The County's outside counsel in the Aqttaport v. Collier Count3' case now pending in federal court, Ted Tripp, Esq., has recommended that the County retain Nichols Hospitality Consulting, Inc. and Jan L. Nichols as consultants or experts on hotel issues that are anticipated to arise in the case. In particular, the case evolves from the Board's decision on May 22, 2001 to revoke the building permit and site plan approval for a 68 unit hotel to be located in the Vanderbilt Beach area. The plaintiffs in the case have hired a hotel expert to offer opinions as to the viability of this hotel project and alleged lost profits. Accordingly, it is necessary for the County to employ its own consultants or experts on such issues. A copy of Jan Nichols' resume is attached. FISCAL IMPACT: Ms. Nichols has an hourly billing rate of $200.00 per hour. She anticipates that the total time she will take for purposes of this case is five to eight days. She requires a retainer in the amount of $6,400.00 to commence work on the assignment and this is to be advanced by Mr. Tripp. Ms. Nichols and her firm will be subject to statutory per diem and other statutory limitations/requirements with respect tO travel expenses/costs. Funding for this expense shall come from the County's Property and Casualty Fund No. 516-121-650 or excess insurance coverage. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners approve and ratify in accordance with stated terms the retention of Nichols Hospitality Consulting, Inc. and Jan L. Nichols as consultants or experts on hotel issues in Aquaport v. Collier Cottlll~', Case No. 2:01- CV-341-FTM-29DNF, now pending in the United States District Court for the Middle District of Florida. PREPARED BY: ¢/ / Michael W. Pettit, Assistant County Attorney No. ,,,z · ~ ~ DATE: SEP 2 fi 2002 6avid C-. W~igel, C~unty Atr}rney pg. Ru~ 22 02 02:~?p Garvin & Tripp P.R. 239-33~-68~8 0~/88/2882 83:29 4876479748 NICHOLS PAGE 85 N'k~,~L,~ Hospihd;h/Cm:~;;;,;,~ (,107) 6A7.9747 , , Q,,,di~.~io, s o~ /~ L .W~ot;. III Ill I IIII II Jan I. Nichols, CHA C~'~er Summmy Ms. l~lichols has been a consultant to the hospitality industry for mote than twenty years, and has conducted over a tho~tsaa~d valuations, appraisals, a.nd feasfi~il/ty studies of hotels and resorts for R~, lender~, pension fund adx, i~rs, life companies, and investors throughout the United States/Mexico, Central America, Canada, tb.e Caribbean, and Europe. Employment 2001-Presc~t NICHOLS HOSPITALITY CONSULTING, INC. President Winter Park, Florida Z998-2001 HV$ INTERNATIONAL Associate Managing Director, Orlando Director of Consultln$ Services, Miami 1992-2 998 RESORT & UI~BAN PROJPEKTY CONSUl, TAN'TS, INC. Vice President Tampa, Florida 1990-199~ ,KPMG PEAT MARWICK Senioz lvl~al~rdDi~ector of Hospitality Consulting Services Atlanta, Georgia I98'f-~ 989 MERK1LL LYNCH ADVISORY & APPRA~AL, INVESTMENT BANKI~G REAL ESTAT~ GROUP M,a_nager of Hospitality Consul§hq & Appraisal Services A~nta, Georgia New York, New York I980-1983 LAVENTHOL & HORWATH Senior Consul~t Ada. nra, Georgia Washington, DC AGENDA.]I. EM ~Y8.~8~ U.S. TRAVEL DATA CENTER ! NO. ~ ~ (c') (_"' P-,esearch Analyst W~sl-angton, DC SE~-2 q 2002 Ru~ 22 02 02: l?p Garuin & Tripp P.R. 239-334-6848 08/88/2002 03:29 0,876479748 NICHOLS PAGE 06 II I I II III II I I I Edt~afion 13.5., Hotel Ad mjnistratio~, University of Wi~-Stoub Cm r~ude, i 978. ~or ~ Tou~sm ~velopmenL App~l ~te, ~ Assodate Member. Suc~s~), ~ple~d co~e work ~d passed ex, ms Theo~ ~ Te~que ([BA ~ IBB), S~dards of ProJ~sion~ ~a~ee (2-3), Repo~ Wd~g ~ V~fion ~al~i~ (~), ~d Adv~ced ~p~ons (550). Profe~eaal = C~fied Hot~ A~ffator (C~), ~n Hotel & Lod~ng ~fllatloes A~sodafi~, and ~ed Member ~ ~ ~soaate Mem~r, Hofida Sta~ Ce~fl~ G~al Real Es~te Appr~ser ~ ~18~ Ceded Women ~usiness Ente~dse, Or~ Co~, Florida Commerd~ Re~ Es~ Women, Orl~do ~apter Mem~r Flohda ~e~Rve Women, Orlando ~apter M~r Travel & To,sm Rese~ Asso~fion, mem~r ~om 1~ to I990. Fo~edy ~ed U.S. ~pt~s se~ed on t~e ~tem~fi~ board of dke~ors. Coufl Te~ny Exp~ ~mess ~ hfi~on ~vol~ng a ~so~ howl ~ l~ Buena Vis~ ~d~ 1~. ~ ~flqu~ ano~er app~I ~ ~e prop~. Referent: Tes~mony ~ ~e ~se o~ M~ Hotel vs. Peoples Gag T~t Co~ Co~, FoR Wo~, T~, 1~5. ~ed tes~mony on b~f of Me~ Hotels m~g a 1986 app~s& repoa prepped for M~ Hotels, ~d subsequent ~age ~ a ~ori Wor~ howl ~r a g~ ~e e~Io~on. Refe~nce: W~er H~m~, President, Me~o Ho~Is, Deposi~on ~d app~s~ W~dh~ ~s, F~n Co~W C~, A~m, Geor~a, 1~3. Prodded de~sifion on b~ of Gl~s, appeal of a ~d~ G~.ss, M~oBoug~ Sher~ & ~old, P~. $1~1~ ~nll 'Trlotel SaJe~ ~u~d Development Trends irt ~o~da" s~e~ pre~nte6 ~t ~e Publi~a~on~ ~od~ Hotel Conf~en~ 2~, ~o~da ~temaQa~ U~ve~L~ ~, 2000. 'Spa Fad~e~ - A Req~ed Reso~ ~e~?' ~5 ~ma~on~ lo~n~, June ~n~ ~ng ~ Beach's Res~ge~ce - Supply or ~d?" ~S~DO Hospit~ Ne~letter, 1999. 'T~nds ~ Hotel V&ues" spe~h ptesen.~d at ~e ~o~d~ Mul~c~l Tour. ism ~cono~c S~it, HoH~o~, ~o~da, ~998. "~ We B~ It, Will ~ey Come?" ~de on proposed T~p~ Conven~on Center Hotel Me~o Newspape~ lac, 1996. "~v~ent ~po~tunt~es in ~e U.S. l~ Indus,", spe~ presented at ~e ~te~on~ Asso~ahon of ~usement P~ ~d A~a~ons, Or,do, "~a~ of ~e Wor~ut ~c~de" ~e Go~ Re~, ~. "Seeing ~u~ed Trea~ ~ RTC Po~o~os" Re~ Es~e .Forumz Teasib~ Sm~es ~rom a T~g Pe~pe~ve", speec~ pres~d at ~e ~te~onal Ho~l & Re~t~t Show, New Yor~ 1987. Guest lecturer on ~& ~te ~ves~ent b~ Geor~a S~ U~versi~ S~l of Business Adm~a~on, 1~7 - 1~. '~e Hospi~W M~ket" Na6~al ~ ~mte ~vestor, 1985. ~e Ba~e for ~e Travd ~r" Trod of Bu~ess m ~e Wa~on ~n~ ~dus~v, ~981. Tomato's T~ T~n~. ~o~ pub~hed by U~v~siW ~ ~lora~o,'~9~. Forecae~g Travel and..To~m: ~ ~ted B~o~a~h~, U.5. Travel AGENDA ITEM .~ t ce ,297 . I NO._IG( SEP 2 2002 P~. ~ Ru~ 22 02 02:IBp Garvin & Tripp P.R. _ 239.-334-68~8 p.S 08i0872002 03:29 407647974@ NICHDLS PAGE 08 Partial Ust of Clieflls Served: lr~ds~-ee Hoteb, lac. AIV~E$CO Caj~a], L~ lnterBank Mortgage Corp. Apollo Red. E~ta te Advisors lnlctstate Hotels Corporation Azbor Nalional Com~¢rc6~l Moth.ge Leha~ Brothe~, Inc. Atlantic Oc~a.n Realty Corp. Local Federal Bank Bank ot America D.news Hotel~ ~,'mk United, PSB Mandari~ Or~enta! Hotel Group Bankers Trust Company M~rine Midland Bank BankAtlantic Marriott Hotel Corporation Beat S~a:~ Ccunmercial Mortgag~ Mellon United National ~ank Baca ~esort% Inc. Men'ill Lynch B~.ggs Wengert As.~:iates MetLite Mortgag~ Portfolio Group Buena Vista Hospitp-lity Group Metropolitan Life Imurance Compax:y Busch Entertainment Corp. l~tm Ho~els, Busey l~all.k MiI~storte Capital C. aptlal CompaIly o[ America Motel &, LP C.~t~on Coxnpany/Radtsson Hotels Moy~r Enterpdses Canon Pirie Scott NationsBank CDC Moztgage Capital Nomura $ecurities CanOe 5olutton~urich Group Ocwen PederaI Bank Charier One Hotels & Rescrr~ Patriot Americtm I-lospitalilyA~)rndha m Chase Marthattan. Ban,k Phoenix Realty Advisors Choice Hotels lnter~a~onal Pinehurst Resorts City Hotels USA Prudential Insurance Co. of America ColoSsi Bank Qool'~ Hotels & Resorts Columbus Hotel Properties, LLC Red. Lion HoteLs CooperdCS$ Hotels Red Roof Lrtn~ CS First Boston Republic Bank Dai~,'a Bank Reso]u. tion 'Ptust Corporation DayS Inns a~ America Ritz-Carlton Hotel Company Equity Financial Group Sierra Land Group, Inc. Federal De/xt~ Insurance Corporation Starwood Hotel~ & Resorts ~irlova Capita.[ Corporatiott Strategic Capital First Union Bank ?orgetson P~opet6es Fleet BanJg.NTA .'rhe Tma, tp Organization GE Capital TVG Development Company Glendale Federal Union Capital Investment.,, LLP GMAC Co~ranercial Mortgage Corp. US Bank IC, apalua Bay, LLP VMS Realty Panners Ic, LM/Goldev. Tulip H. otels Westdeuts. che Landesbank I-lei]er Financial W~s Fargo Bank [ AGENDA l~ol~day Inn Worldwide Westin Hotels & R~orts Hyatt Ho~els Corporation ~tney Bank I NO...~ Impact Propertie~, hmo Winegard~er & Hamn~orts,ltnc. / S£P 2 200', pg. ~' Ru~ 22 02 02:lBp Garvin & Tripp P.R. 239-334-6848 p.lO 8~/08/2~02 ~3:29 407647~748 NICHOLS PA~E 0~ t tal,t t _ __ I I III . II II II I Partial I~t of Hotels Analyzed by Jan gichol~ Alabama Colorado . Comfort inn, 9i. rmjr~ha~ - Antlers Doubletree, Co)o~do o P, ed U. on. Cok~ado Sprigs Ax~ona - Wesdn T~bor Center, Denver . Lodge at V~i[ -Proposed 200-Room Hotel, Calle~e Perk - Azizoz~ Billznore, Phoenix D~t~ic~ o[ Columbi~ - F..mbassy ~uJtes l~iltma~e, Phoeulx - Holiday Inn C~pita[ .Mall - Phoe~ci~n Golf & Ten~ ResorL ScrUtable - Pt-opoeed 300-Room - %'¢esl~u L~ P~lom-% Tucson - Proposed Qualit~ ~ - The Wglard [ute~.Coutlnes~t~l r.~ Cal~o~i~ ' Pazk Hyatt, Washi~ston DC - W~, washingto~ DC . Pzo~osec[ 406*Room Conference lleso~ l, Al/so Vi~jo · Embassy ~raite~ A~cadh Delaware - Beverly ~x~lshlre Hotel, ~evedy ~ - Hotel 1~eloAi~, B~-e~!y ~ - Ho~d~y ~ D~m~, W~mi~ - Embassy Suitc~ BurJi~me - W~ Smt~ Co~t ~a~, C~ Me~ ~0~ '- Pr~o~d ~ 5uit~ ~ng ~ach -Da~s Bro~. MoWz ~d~, B~ow - Emb~sy S~s Los A~I~ ~i - Holiday I~ T~ C~teI, B~ ~ato~ . Pm~ Lu~ H~eL L~A~les - ~ea~va~ ~a~ Hotel - Wes~n Bo~v~, L~ ~le~ - ~ble~ee $u~e, O~ater - W~ C~ ~a, Los ~i~ - ~ed H~m~ ~% ~e~,a[er - M~ ~ Rey ~ - ~ada C~f ~ew, ~ea~a~r - Em~ssy Suit, ~ ~ ~n - Econo L~ Be Sp~ Cenmr. ~coa - ~ C~nU~ Cente~, P~ Spz~ - ~t W~t~ Mayan In~ Da~a Beach - Camp~n Pla~ FloteL $~ T~n~ -~ D~ Beach - ~ckt~ I~ton - Pro,seal. ~enee ~, Des~ - w~ 5~ T~ ~o~ - ~ndes~ ~t~ - Red ~on~ 5eh l~e - Holiday I~ G~, FL ~ude~ale . Ra~sson Ba~ ~r, Ft. ~ud~ale - Wes~ C~ss ~ek ~ Lavd~d~e i AGENDA iTEM [ s[ 2; 2oo Ru~ 22 02 02:18p Gar'yin & Tripp R.R. 239-334-68~8 ~8/08/2002 83: 2~ 4~76479748 NICHOLS P~,GE Florida (conlinued) - Can'be Royale, OrIa~d.o - Old Estero Idand Suit. Ft. ~e~ Bea~ - Coital ~a ~ot~, Or~ndo - Pmp~ed F~ld ~ FL Mye~ - Co~n Suites. Oz~ndo - ~o~sed Stn~d~ Suites by Ho~ny I~ FL M)~rs - Emb~y ~i~ O~ndo ~'~, Orl~do - P~s~ ~ HoWL Ft M~ Bea~ - ~ley Hot~ of - Ho~d Jo~ FL ~ton Beach - Pro~ed Po~to~o H~el U~ve~a~ Or. do - E~no L~-Univ~iw, Ga~s~e - P~os~d Hard R~k.Hotel Universe, - Holiday I~-W~t Ga~esville - ~ R~al Pa6f~ Herd U~ve~ Ortand~ - Fmposed Con~ Howl, Carnegie - ~o~ed I,~Room W~, O~ndc - Frop~ l,~R~m ~yl~at ~on, HoE~ood - Proposed 1~~ Gayl~d Hotel Orlando - Prod ~s~ Ho~ ja~son~e - S~ndy L~e Towe~ O~do · P~diss~ ~ve~a~]a~nv~le - 5h~a~n ~ot~ P~, Off.do -~o~ ~ra~n I~. K~ Laz~ - Bra~m Cour~ Hot& Palm Bea~ - Corgard by M~fiotL ~s~ee - He~ of P~ B~ch - D~Ic~ee GuestSuites, ~b~ - Pro~ Well~on I~ Pa~ Bea~ Co. - Proud I.~R~ Op~l~ ~a. ~s~ - Haman I~, Pemacola ~a~ - Emb~. Sul~. L~e Bu~a Vb~ - P~d S~ill S~t~, P~cola ~ea~ - C~ve~r R~, ~e Bu~ ~ta - ~S~ Resort Howl Pe~cola Bead~ - P~d ~, ~e ~ ~ - Pro~d ~o~, Petdido Key -P~s~ W~d~ S~m, ~ Buena v~u - Ptopo~ Hohday~n ~ess, ~ant - ~ We~m ~pl~al Inn, ~eland - H~ley ~dost~, ~ota - HoRday Inn S~. ~k~a~ - ~[ ~y Club ~soH. - Holiday ~ ~d~a Beach - Ho~d~y ~ - HeRa., 5c Pure.burg - ~ut ~e Hotel, M~ml - ~d~ Sander Beach R~o~ Se. Pete ~each - ~ ~1~ ~onut G~e. ~mi - Trades ~org SL P~e Beach - ~dham B~ Bay. ~ - ~pos~ A~ R~, ~nny ~es W~am ~ami~zg Mi~ - Comfo.~ ~ 5~ Ci~ Cen~r ~ ~teL ~ Beack - Da)~ ~-Brando~ R~on HoleL ~mi ~a~ - Double~ Ho~ W~e, Tampa ~ach H~ HoWl. North M~ ~a~ - H.I. Expos a~ ~pmn l~ P~p~d ~b, ~uth ~ ~ch - Ho~day Inn. ~ ~a~ T~pa ~a~dge HoWL ~ Bea~ - Pm~d Busch G~e~ Ho~ Tampa ~ed Clevdaad~, ~ ~ ~mi Bea~ · P.m~ed Hilton ~rden ~ Tampa ~ ~ Pa ~ Hot~ ~u~ ~i B~ - ~ Suit, U~. Tam~ Pro~ ~glot Holel. Sou~ ~i ~ach - H~n I~ V~ P~ Shore ~ub. ~ ~a~ ~a~ - Pr~d Besl Weslem Suit. ~aya ~t. Naples - Pro~ ComfoR ~t~ ~Io~. ~ ~ Naples - Pm~d Hotel Cie~, W~ Pa~ Beach -~o~ 73~om ~ Hotel ~do - Pro~ ~ew~d Hom~] ~ AGENDA SEP 2 4 200 Pg. Ru~ 22 02 02: 19p Ga,'yin & Tripp P.R. 239-334-6848 p. 12 ~8t~8/2~0'2 ~3:99 4~76~7974~ ~ICHOLS P~l~_ 11 Georgia 7.,oui~iana - ~ues~ QL~ar~ers Perimete~ ~nter, Afla~t~ - ~ ~nfley Howl, AJexa~ - Cu~t ~zte~ ~o~en ~, AiIonM - H~day ln~ ~oss~r - O~ ~ C~t~, A~ - Propped Ho~el USL, - Prop~ ~~ ~, A~M - Re~dence In~ - Ga~a, Metaifie - P~ L~ ~k Ho~, Afl~n~ - ~oposed ~-Smte Ho~ Met~e - ~d ~ Hatcl, Afl~ - C~'ard ~ M~o~ New Or~a~ - P~d ~ot/, Aflan~ - E~ L~ $Ede~, New Orlea~ - Proposed Omni H~, AOanta - Hampt~ ~ G~n Dk~ct, New - S~roton Cen~ Cem~r, a~nta - Hohday ~, 5hreve~rt - W~dham Midtown A~nm M~J~d - Pr~sed Co~e~ Homl, . Proposed ~n&.m~k ~ G~n~, Coun~ - Pro~s~ Hotel - ~oposcd H~d John~n, G~ett ~nty - ~op~ed Hot~ Inner ~our, Bal~e - Prop~ ~ot~ G~t Co~ - How~d Johnson ~d~, - ~o~sed R~ovt lq~el, Je~ Island - Howard ~oh~on L~ge, Laurel - ~'~d~m Peach~ Co~e~n~ Cen~r & R~ort - Huwa~ }okm~n Phzs, New C~o~ton - Best W~ern [n~ ~n~h - ~oit's H~t V~ey Inn. T~on - Pwp~se~ Hya. ~n~, $sva~h - Pro~ garda ln~ ~ ~ - ~o~d M~ Inn. $av~ - Proposed 5hera~o~ S~ver Spgng . S~ V~ Resort. Sky V~ey - ~sed H~L To~0~ Hawgi - ~una M~i ~y Hotel. Haw~ - Wes~ Copley P~. Boston - Maona ~ ~-Or~o~ H~waii - Pro~t ~e Hotel, Boston - wes~ M~u~ ~a~ H~w~ - P~ $pr.in~ Suits, Pea~dy - ~wsi~ Re~ Homl, H~ln~ - Wes~ ~uai ~c~n - ~ Bay Howl - Wes~ Ma~ . P}aza Hotel, ~.oit - Wes~ ~~ Cent, De ~nois - Pro~ed Hotd, Grand . West, ~ Mi~ - H~t~ Oeeffi~d - M~ C~ Cent~, Mi~ea~ - Wes~n, 0'Hare ~ri - ~di~mn Hotel. M~neapo~s - Not ~s lesom ~aum~g . SE? 2 2002 Ru~ 22 02 02:19p Garvin & Tr~pp P.A. 239-33~-68~8 83/08/2802 03:29 ~,076q.79748 NICHOLS PAGE 12 m mil · i --- I Mississippi No~,.h Carolina (confinuectJ - Radi.~.~on. Eola Hotel, Natchez - Proposed Hotel, 1~/it~tort-Sa~em - Hyatt re~ency WLrtstort-Sale~ Nebraska - Proposed .Hotel, Wilson - Guest Qu~'ter~.Perhncter Center, Charlotte - La Quints Motor Inn, Omal~ - Propc~sed Microtel, Charlotte - Red Lion, Omaha Oklahoma Newlersey - Propo.~ed ~ensin~toz~ Gallcria, - ?roposed Cortfere~ce Hotel, Princeton - Proposed Residence lrm, South B~nswick Pem'oTlvania ?~ew York - Best W~tem inn, Hershey -Holiday Inn Co~wention Center, Auburn South C~ro~ina - Best Western. Cobleskill - · Holiday Inn Oneonta, Cooperstown - Proposed Lode. rig Fa~lJty, Clerr~on - Barbizon pl~,~. NTew York - Proposed Holiday Inn, 1~0t~y lSeach - Grand Bay a: Equitable Cer~ter, New York - Propo.¢ed Bucl~et Motel, Hilton Head - Grand Hyatt Hotel New Yo~k - I'roposed Resort Hotel I-Igton Head o Sheraton Centre Ho~el, New York - Hilton, Myrtle Beach - Sheraton Squire, New York - I~oposed Holiday Inn, Myrtle Beach - The Plaza, New York . Proposed Conterence Center, Seabrook Island - l'he St. Regis, l~lew ¥o~k - P~opesed Clarion Suites, Rochester Tennessee o Holiday Inn Wat~loo, Seneca - Holiday l.tu~ Gatlinbur~: North Carolina . Proposed Motel, lolu~son City - Proposed Memphis Plaza Hotel, Mempl~is - Bfltmote Inu, Ashev~le - lhe Peabody, Memphis . Propose:! Kamada Inn, Asheville - l:)ays Inn, NT~shville - Pwpo~ed Holiday Inn. Ashe~'ffie - The Opryla~d Hotel, Nashville - Propped £uropa Hotel Chapel Hill . Holiday Inn. Piseon Forge - Proposea Quality Inn, 1:ayettevgle Texas - ~opmecl Budget Mote], - l~daoteL Greensboro . D/~,V Airlift I~ton - ]~:~x~ed Cricket lrm~ Hi&k Point - Guest Quarters, Aust~ , - Proposed MicroteL ~aleig, h-Duttm~ SEP 2 q 2002 P~. ~ . Ru~ 22 02 02:19p Garvin & Tripp P.R. 239-33~-68~8 p.l~ 88/88/2882 83:29 4076479748 NICHOLS P'~GE 13 I II Iii III II I I I II Texas (continued) Caribbean/Centr~ Amezic~ (cor~tinued) - ~ ~ ~mr Inn, ~aumont - ~o~ed Resort - ~ork Ranc~ D~as - ~a~e I~d Hotel & Casco. ~ham~ - W~t~ ~a, D~s - Bhze ~y ~snrt, Cos ~ - Ha~ S~t~, Da~as - ~ Patador Hot~ Costa ~ - La ~in~ M~or ~ ~ P~o - Propo~d Hotel, Dom~i~n Repub~c . W~n Paso del ~orle, ~ Paso - ~ Sa n Juan Hotel & ~ino, Puer~ - ~ton, Fort Wo~h - }I~tt D~ado Beac~ ~ue~o ~ - Wa~ P~t H~e~ Ho~ton - Hya~ Ce~mac ~ue~o ~co - Wes~ 0~. Hous~n - Mar ~ ~o ~ - wes~ ~e~, H~se~ - Bitter E~ Ya~I Club, Vi~ Go.a, B~ - La ~m~ Motor i~ Lu~ - Li~e ~ Bay Hotel. V~ ~da. BVI - Pmpo~d ~so~ ~ Braun~ls - Ca.eel Bay ~ St. ]o1~ - ~ho~ny Run Resoa. St. John. USVl Vir~a - ~Sed W~dham Hotel St. - H~ard lo,~n Ho~I, ~exandria Mexico - Pro.ed H~L ~e~nd r~ -H~day Inn Ne~rt Ne~ - Cam~o Real Hotel ~n~n - W~el~ Co.tepee ~.t~, ~ton - Prop~ Ho~day [n~. W~~ Europe Wu~n~on - Gold~ TuUp Bar~ ~e, A~te~d~ - ~lden T~p B~ko~ Pala~. Amsterdam - Red ~ ~ac ~r~rt, ~at~e - ~ Tu~ ~tasna~, ~erda m - Wes~ Sea rue - ~r Howl, ~te~ West V~a * ~Iden T~p ~u Tab~ B~, - P~ed HoWL Mo~ - ~ldea T~p H~t~ Majorca, Spain ~n~be~~l Am~ - Gold~ ~ ,~ba Ca~a~ ~ba - U ~otel, To--to SEP 2 q EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD APPROVE A CONTINUING RETENTION AGREEMENT FOR LEGAL SERVICES ON AN "AS NEEDED" BASIS WITH THE LAW FIRM OF CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A., TO MEET COUNTY PURCHASING POLICY CONTRACT UPDATE REQUIREMENTS. OBJECTIVE: The Board approve a continuing retention agreement for outside legal services on an "as needed" basis. CONSIDERATIONS: Attached for the Board's approval is a Continuing Retention Agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., ("Carlton, Fields") which is a law firm used by the County on an as-needed basis to provide specialized legal services. The contract does not address any specific project or assignment, but rather sets forth the criteria under which payment will be made when services are requested. Although this firm has a wide array of legal expertise, the County generally requests services on an as-needed basis in the area of construction law, litigation, appellate matters, utilities, land use, property rights, and the County's Growth Management Plan. The most recent agreement with the firm expired by its own term June 22. 2002 prior to a renewal with revised rates. The firm is presently providing legal counsel on the County's Growth Management Plan, the Lely gatehouse case and representing those members of the Board named in current land use litigation. The rates charged by the law firm vary, as with any law firm, depending upon the attorney working on the matter and the other resources that are necessary to provide the County with the services it requests. Although this firm has increased its rates slightly over the prior agreement, the firm previously had agreed that the increased rates would not be charged to the County under past agreement renewals and would only be effective when it was necessary to revise the contract. Slightly increased rates are therefore reflected in the attached agreement. The agreement also provides for reimbursement of actual out-of-pocket expenses to make clear that lodging and traveling expenses are to be paid in accordance with Section 112.061, Florida Statutes, which is the section applicable to travel by County personnel. FISCAL IMPACT: The approval and execution of the attached continuing retention agreement has no fiscal impact in and of itself but there will be a fiscal impact in accordance with the terms and conditions of such contracts, upon the County's request for legal services. Such fiscal impact will be determined on an hourly basis at the rate of the attorney working on the request or project or a negotiated rate for bond issues and will include appropriate reimbursable expenses including travel and per diem expenses in accordance with Section 112.061, Florida Statutes. GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board approve and authorize the Chairman to execute the attached continuing retention agreement with the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A. for specialized legal services requested on an as-needed basis. Additionally, direct the Clerk to pay all invoices at the prior contract rate for work performed from June 22, 2002 through the effective date of this agreement. Approved by: David C. Weigel County Attorney CONTINUING RETENTION AGREEMENT This Continuing Retention Agreement is made between the Board of County Commissioners of Collier County, Florida (the "County"), and the law firm of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., of Tampa, Florida ("Carlton, Fields"). Whereas, Carlton, Fields has special expertise and resources in a wide range of legal matters, with particular expertise in construction law, litigation, appellate matters, utilities, land use, property tights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto; and Whereas, the County from time to time has a requirement and need for legal services which are particularly within the expertise of Carlton, Fields; Now, Therefore, it is agreed as follows: Carlton, Fields agrees to render legal services to the County for work that may be assigned to Carlton, Fields froin time to time through the County Attorney's Office. For all previously assigned, continuing and subsequently assigned work performed by Carlton, Fields, the County agrees to pay Carlton, Fields for services rendered, with fees based on the normal hourly rates Carlton, Fields customarily charges to its similar clients for similar services. At present, such rates are as follows for the indicated Carlton, Fields partners currently providing the principal legal services to the County in certain matters: Michael F. Nuechterlein (construction law) $265.00 per hour Martha Chumbler $240.00 per hour Nancy G. Linnan $250.00 per hour Dom Hemke $240.00 per hour _ J AGENDAITEM NO. ~ Page 1 of 4 SEP 2 ~ 2002 Ruth B. Kinsolving $300.00 per hour Further, the County agrees to pay a rate up to but not exceeding $220 per hour for services provided by principals (partners, shareholders) within the firm and a rate up to but not exceeding $190 per hour for services provided by associates within the finn. Lesser hourly rates are applicable for legal services to the County rendered by Carlton, Fields law clerks and legal assistants. Invoices to the County for legal services rendered shall be itemized and shall set forth the attorney or paralegal, subject of the charge, the time applicable to the charge and the rate per hour. Community Development and Environmental Services Division, shall pay for all legal counsel services and all assistance requested relating to land use, property rights, the County's Growth Management Plan and related administrative, executive, and judicial hearings, appeals, negotiations, and County committee work related thereto. Other divisions or departments within such divisions shall be responsible and pay for legal counsel services relating to litigation and outside counsel specifically for cases, matters or issues relating to such division or department, as determined by the County Attorney in coordination with the County Manager. The County agrees to reimburse Carlton, Fields for all out-of-pocket expenses/production costs directly related to assigned work, including the retention and utilization of sub-consultants. The use of a multiplier for these expenses/production costs will not be allowed. Typical reimburseable expenses include travel, lodging, meals and travel expenses when traveling on the County's behalf, identifiable communication costs, identifiable reproductions costs, and special computer expenses not applicable to general overhead. The County will reimburse per diem and travel expenses in accordance with Section 112.061, Florida Statutes, entitled Per Diem and Travel Expenses of Public Officers, Employees and Authorized Persons, as amended. This I Page 2 of 4 SEP 2 q 2002 requirement currently includes, but is not limited to, expenses such as automobile travel expenses reimbursement at $.29 per mile and meal expenses reimbursements at the following rates: Breakfast - $ 3.00 Lunch -$6.00 Dinner - $12.00 Carlton, Fields shall have professional liability insurance. Coverage shall have minimum limits of $3,000,000 Per Occurrence, Combined Single Limits. If any liability insurance obtained by Carlton, Fields to comply with the insurance requirements contained herein is issued on a "claims made" form as opposed to.an "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the assigned work to which this Agreement applies, and such insurance shall provide, in the event of cancellation or non-renewal, that the discover)' period for insurance claims (tail coverage) shall not be less than three years following the completion of the assigned work and acceptance by the County. This agreement may be executed in multiple counterparts. In Witness Whereof, the County and Carlton, Fields have caused this Continuing Retention Agreement to be executed on the date stated below. DATE: BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA ATTEST: DWIGHT E. BROCK, CLERK By: JAMES N. COLETTA, CHAIRMAN Approved as to form and legal sufficiency David C. Weigel ,~~.~ I AGENDA County Attorney NO. IO~ _ SEP 2 2002 Page 3 of 4 pg._ ~ .... CARLTON, FIELDS, WARD, EMMANUEL, SMITH & CUTLER, P.A. DATE: By: Its: STATE OF FLORIDA COUNTY OF COLLIER The foregoing instrument was acknowledged before me this __ day of , 2002, by as of Carlton, Fields, Ward, Emmanuel, Smith & Cutler, P.A., a Florida Professional Association, on behalf of the professional association. He/she is personally known to me or produced as identification. Signature of Notary Public Name of Notary Public typed, printed or My Commission Expires: AGENDA I~,_~ NO. _L~ SEP 2 ~ 2002 Page 4 of 4 EXECUTIVE SUMMARY DIRECT OFFICE OF COUNTY ATTORNEY TO PREPARE AN AMENDMENT TO ORDINANCE 99-85 (codified at s. 126-2, Collier County Code of Laws and Ordinances) IMPLEMENTING THE RECENTLY ENACTED PROVISIONS OF S. 196.075, FLA. STAT. (Additional Homestead Exemption for Persons 65 and Older) OBJECTIVE: To direct the Office of County Attorney to prepare an amendment to Collier County Ordinance 99-85 in order to implement the newly enacted amendments to the homestead exemption for persons 65 and older, provided in s. 196.075, Fla. Stat. CONSIDERATIONS: Senate Bill 2014 was signed into law by Governor Bush on April 18, 2002, and takes effect on January 1, 2003. The bill amends § 196.075, Fla. Stat., which statute was enacted in 1999 to provide an additional homestead exemption for those persons 65 and older. In summary, the bill includes a number of changes to the administrative procedures for the authorization and application of the exemption. For example, the amended statute requires the taxpayer to include in its sworn statement an attestation as to the accuracy of the supporting documentation and authorization for review of the documentation by the property appraiser: provides for the submission of supporting documentation for renewal of exemptions only when requested by the property appraiser; requires the property appraiser to return the documents to the taxpayer after review or destroy them; permits random audits by the property appraiser; requires a taxpayer to submit certain IRS forms releasing its tax information; prohibits a property appraiser from granting and "renewing" an exemption if the requested documentation is not received; provides for the imposition of penalties and interest in cases where the property appraiser has determined that this additional homestead exemption was improperly requested and received; and requires the property appraiser to give the taxpayer notice of its intent to file a tax lien and thirty days to pay the taxes, penalties and interest before imposition of the lien. The County passed Ordinance 99-85 implementing the original provisions of § 196.075, Fla. Stat. This ordinance has been codified as §126-2, in Collier County Code of Laws and Ordinances. It is recommended that the ordinance now be amended to incorporate these new provisions into the County's Code of Laws in order to provide broader notice and to promote complete and comprehensive local legislation on the subject. Consequently, the Office of County Attorney is asking the Board for direction and authorization to prepare an amending ordinance for ultimate consideration and adoption by the Board. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners direct the Office of County Attorney to prepare an ordinance amending Ordinance 99-85, and s. 126-2 of the Collier County Code of Laws and Ordinances, and present this ordinance to the Board, after proper advertisement and notice, for its consideration and adoption. NO. SEP 2 q 2002 1 ! Ellen 3'. Chadwell Assistant County Attorney APPROVED BY: _~~-~ ~ Date: David C. Weigel, C~t~nty Alley Office of County Attorney H:XPublic'xEIlen\BCC'~ExSum--Direct Ordinance. Homestead Exemption..9-12-02.doc 2002 EXECUTIVE SUMMARY RESOLUTION REGARDING DISPOSITION OF MEDIATION FUNDS IN ACCORDANCE WITH THE REQUESTS OF THE STATE COMPTROLLER'S OFFICE AND THE CHIEF JUDGE OF THE TWENTIETH JUDICIAL CIRCUIT OBJECTIVE: For the Board of County Commissioners (BCC) to consider and adopt a resolution regarding Court Administration's collections of mediation and other noted fees by waiving any County claim thereto and approving the return of the funds pro rata to the parties paying same. CONSIDERATIONS: William L. Blackwell, Chief Judge for the Twentieth Judicial Circuit, and Douglas A. Darling, Director of the Division of Accounting and Auditing of the Office of the State of Florida Comptroller, have requested that each of the Boards of County Commissioners of the five county Twentieth Judicial Circuit consider formal action waiving any claims to the mediation funds identified in a report of James Boyd, Inspector General for the Florida Judiciary. The requests from Chief Judge Blackwell and Mr. Darling, as well as Mr. Boyd's report, are attached for your information. The action requested would establish Collier County's official position on this matter and waive the County's claim to a refund of certain Court Administration fees collected by Court Administration without specific statutory authority. Discussions between the County Attorney's Office and the Office of the Collier County Clerk of Courts and Court Administration indicate that it is unlikely that such fees or funds were collected in Collier County. It is the purpose of the attached resolution to make clear that the BCC makes no claim to the fees/funds as mentioned in the report. This BCC action is to avoid potential expensive and protracted litigation over funds which will be returned to the appropriate parties in accordance with the direction of the Office of State Comptroller and the Inspector General's report. The Lee County Board of County Commissioners approved a similar resolution on August 12, 2002. FISCAL IMPACT: There does not appear to be any fiscal impact to Collier County because neither the Office of the Collier County Clerk of Courts or Court Administration believe that any of the funds in question were collected in Collier County. GROWTH MANAGEMENT IMPACT: None. AGENDA ITEM NO. /~, ~-- SEP 2 2002 Pg. RECOMMENDATION: That the Board of County Commissioners approve the attached resolution, (providing for waiver of any County claims to the mediation fees/funds which were the subject of the report of the Inspector General of the Florida Supreme Court and approving the return of the funds pro rata to the parties paying same), as requested by the Chief Judge of the Twentieth Judicial Circuit and the Office of the State Comptroller. PREPARED BY: Ram]ro Mafialich, Chief Assistant County Attorney AGENDA ITEM NO. //. /...._ SEP 2 4 2002 I RESOLUTION NO. 02. 2 A RESOLUTION RELATING TO A REPORT OF THE FLORIDA 3 SUPREME COURT INSPECTOR GENERAL CONCERNING THE 4 COLLECTION, EXPENDITURE AND DISPOSITION OF CERTAIN 5 MEDIATION FUNDS AND FEES BY THE TWENTIETH JUDICIAL 6 CIRCUIT OFFICE OF COURT ADMINISTRATION 7 9 WHEREAS, the Inspector General for thc Florida Judiciary on June 18, 2002 released 10 preliminary findings and recommendations concerning the collection and expenditure of certain funds 11 by the Twentieth Judicial Circuit Court Administrator's Office; and 12 WHEREAS, said certain funds as noted in the Report, to include the "Mediation Fee' fund, 13 may have been collected without statutory authority therefore; and 14 WHEREAS. the collection of said fees by the Courts has been terminated as of year 2001 and 15 any such questioned monies are no longer being paid by affected parties; and 16 WHEREAS, information developed by the Office of the County Attorney in consultation with 17 the Collier County Clerk of Courts and Court Administration Offices indicates that the funds and fees 18 which are the subject of thc Inspector General's Report may not have been collected in Collier County; 19 and 20 WHEREAS, the Chief Judge of the Twentieth Judicial Circuit, consistent with the position 21 taken by the State Comptroller's Office, has by correspondence of July 22, 2002, requested Collier 22 County consider making no claim to the remaining funds in order that said funds may be returned pro 23 rata. to thc individuals and/or entities who initially paid such funds: and 24 WHEREAS, this resolution duly constituting Collier County's waiver of any claim to any above- 25 mentionod funds serves the public purpose of avoiding potential expensive and protracted litigation 26 over the funds if any such funds were collectcxt in Collier County. 27 NOW, THEREFORE, BE IT RF. SOLVED BY THE BOARD OF COUNTY 28 COMMISSIONERS OF COI-lY~-R COUNTY, FLORIDA: that 29 1. The Collier County Board of County Commissioners hereby releases and/or waives any and 30 all claims Collier County has or may have to the Corm Administration funds and monies as 31 noted in the June 18.2002 Inspector General's Report for the Supreme Court (copy 32 attachexi). AGENDA iTEM,~-.-1 NO._ /cz. ~ / SEP 2 2002 [ 1 2. Consistent with paragraph one (I), above, all reasonable efforts are hereby requested to be 2 made by the Judiciary and/or Court Administration, so that any such remaining funds be 3 timely returned pm rata, to the individuals and/or entities who duly paid same, 4 3. This Resolution shall set forth Collier County's official resolution of all referenced issues 5 subject to the like waiver of such claims by the County Commissions in the Twentieth 6 Judicial Circuit, and the State Comptroller's Office. 7 $ This Resolution adopted this day of 2002, after motion, 9 second and majority vote. 10 11 ATTEST: BOARD OF COUNTY 12 Dwight E. Brock, CLERK COMMISSIONERS 13 COLLIER COUNTY, FLORIDA 14 15 By: By: 16 James N. Colena, CHAIRMAN 17 18 19 Approved as to form and legal sufficiency: :20 21 22 Ramiro Mafialich 23 Chief Assistant County Attorney 24 25 26 27 28 29 30 31 32 AGENDA ITEM 1 NO. SEP 2 zt 2O02 Pg./¢ ! TWENTIETH JUDICIAL CIRCUIT OF FLORIDA OFFICE OF ~E CHIEF JUDGE C~RLu/~ COU~ JU~ICE CE~R 3~ ~ST MARION AVENUE, 4TM FLOOR PU~A GORD~ FLORI~ ~ ~1) ~7-2375 WI~IAM L. B~C~E~ F~ NUMBER (~) ~7-~8 WILLIAM D. WILKINSON CHIEF JUDGE E-M~ ~11~0.o~ COURT ADMINIST~TOR J~y 22, 2002 Hon. Jim Coletla, Chairman Collier CounB, Board of Count)' Commissioners 3301 Tamaimi Trail E., Bldg. "L" Naples, FL 34112 Dear Chairman Coletta: Enclosed please find copy of a recent letter from Douglas A. Darling, Director of the Division of Accounting and Auditing of the Office of the Comptroller of the State of Florida. This letter explains the Comptroller's position that the State of Florida will make no claim on the Mediation Funds if the respective counties in the circuit do not and further subject to the proviso that the monies would be refunded pro rata to the contributing mediators. I hope this communication from the office of the Comptroller will be of some assistance to you and your board in coming to the position of waiving any claim to the funds so that we may accomplish the return of the funds to the contributing mediators. Sincerely, 'I w3 ,,SJ 20= Judicial Circuit WLB:jlk encl. cc: Dwight E. Brock, Clerk of Court, Collier County Barbara S. Butler, Clerk of Court, Hendry County Joe Flint, Clerk of Court, Glades County Charlie Green, Clerk of Court, Lee County Barbara T. Scott, Clerk of Court, Charlotte County -- Judges, 20th Judicial Circuit AGENDA iTEM--~ NO. /4. ~ I William D. Wilkinson, Sr., Court Administrator SEP 2 tf 2002 pg. _Z~ .- OFFICE OF THE COMPTROLLER DEPARTMENT OF BANKING AND FINANCE A STATE OF FLORIDA TALLAHASSEE 32399-0350 ROBERT F. MILLIGAN RECEIVED COMPTRO4_LER OF FLORIDA JUL 1 9 2002 July 16, 2002 WILLIAM L. BLACKWELL CIRCUIT JUDGE The Honorable William L. Blackwell Chief Judge, Twentieth Judicial Circuit Charlotte County Justice Center 350 East Madon Avenue, Fourth Floor Punta Gorda, Florida 33950 Dear Judge Blackwell: This letter will confirm our agency's position regarding the disposition of funds referenced in the Supreme Court Inspector General's report dated June 18, 2002. Findings in the report identified funds that were collected from mediators without statutory authority and placed in an account outside the state treasury. Conditioned on both the return of all remaining funds pro rata to the contributing mediators and a waiver of any claim to the funds by the counties involved, our agency waives any potential claim we may have to those funds. if there is anything further that will assist you implementing a just resolution of this matter, please contact Mr. Robert Beitler, General Counsel, Office of the Comptroller. Sincerely~/~.~/ //' , ~.~~dO,~ud iting DAD/kbr cc: Robert Beitler, General Counsel SEP 2 ~ 2002 Pg, ~:~ 3un 18 O~ 05: 16p p.3 PRELI2VlINARY FINDINGS AND RECO1YINfENDATIO~S A'cco r'' '" 1. Mediator Fees Court 'administration entered into contracts with mediators which required that the mediators remit 25% of their fees, which were em'ned through court referrals, to court administration in exchange for SCheduling of mediation conferences, the use of' court facilities for the conduct of' mediations, and for billing services to be provided by court administration. We found that altll, ough the contracts specified that participation in these scheduling and biIling services was voluntary, mediators were required to enter into contracts with court administration in order to be eligible to receive ref~a.ls from the court mediation program regardless of the mediators intentions to utilize the scheduling and billing services or to use court facilities for the conduct of mediations. The essence of this agreement was that mediators were required to pay 25% of' their fees to cou~t administration for the referral cf cases. This practice appears to have compelled mediators to violate Rule 10.380(e) of Florida Rules for Certified and Court-Appointed Mediators which states: "no commissions, rebates, or similar remuneration shall be given or received by a mediator for mediation referral." In addition to this apparent violation of this rule, we were unable to find any statutory authority for the assessment or collection of these mediator fees. On September 26, 2001 Chief Judge Blackwell directed that court administration discontinue the collection of these mediator fees. ~':' ' We agree with Chief Judge Blackwell's action and recommend that .,~e court not reinstate tlfc practice of colleCting theS~' me~t°~- 'fees' in ~is 'manner uniess sp'&ciflcally authorized by statute and not in violation of Florida Rules for Certified and Court- Appointed Mediators. AGENDA ITEM NO. za ,' SE-P 2 2002 Pg. 7 2. Theft Class Fees As part of a Juvenile Diversion program, court administration conducts "thcf~ classes" which are intended to discourage repeat offenses by juveniles' offenders. Court administration charged participants a $25 registration fee. Fees collected from theft classes totaled'S6,720. We could find no statutory authority for the assessment of this charge. On September 26, 2001 Chie£Judge Blackwell directed that court administration discontinue the collection of this registration fee. We agree with Chief Yudge Blackwell's action and recommend that thc court not reinstate the practice of charging the fee unless 'statutory authority exists for the assessment of such a charge. 3. Contractual Services Contractual expenditures paid out of the mediation account were as follows: TQI/Concepts in Mgt ......... $28,500 Let's Talk .......................$18,623 Bay Resources .................. S 10,572 Juveni. le Justice Contract ......$5,225 Center for Professions ......... $8,675 $71,595 Expenditures for the Total Quality InitiativefrQl')/Concepts in Management contract were for coordination and support of a Family Court quality initiative. Private contributions totaling $8,280 were received and depo.sit.'ed:into the mediationS' account to 'heIp offset the cost of the TQI contract. The Let's Talk contraci: related to?a program in which juvenile offenders and their victims would meet to discuss the offenad and possible remedies, 'the Bay Resources contract provided computer networking ~:or court administration aud the Juvenile/l'ustiee contract related to a youth'program. Althodgh each of these contracts may have had a public purpose, we were unable to identify a relationship between these contracts and the courts mediation activities. AGENDA ITEM '-~ SEP 2 2002 The Center for Professions contract provided stress management seminars for Judges and court employees. While these seminars may have been of benefit to court personnel, we were unable to clearly establish the public purpose for the expenditures of these funds. We recommend that court expenditures only be made for training programs for which the public purpose can be demonstrated, and that those expenditures be made from appropriate court funds. 4. Banquets and Dinners Expenditures totaling S41,719 were made for banquets, dinners, lunches, holiday meals, etc. Below is a breakdown of the cost of the more significant banquets and dinners: Arbitrator & Mediator Recognition Dinners (12 events) ................ S29,029 Judge Statues'Recognition Dinner (1 event) .............................. $2,401 JudicialAssistants HoIiday Luncheons (4 events) ....................... $2,038 Juvenile Gang Prevention Program (1 event) ............................. $1,313 Foster Care Review Panel Dinners (2 events) ............................ $1,125 Of the total $41,719 in expenditures, the largest portion was spent at the Club R.iveran. The Club Riveran expenditures totaled $17,014 and included annual corporate memberships for two years at a total cost of $800. The Court Administrator and Chief Deputy Court Administrator were the personnel authorized to use these memberships. The purpose of the banquet for Judge Starnes was to recognize his service to the court. Attendees were asked to donate $5 each; donations dep?sited into the mediation account for this event totaled $815. The total cost of the banquet was $2,401, and}after being . 'offSet by the donations, resulted in a net cost to the mediation account'of $1 ~586. Expenditures totaling $2,038 were made for four annual holiday lunchec;ns f.o.r judicial assistants. These individual luncheons ranged in price from $462 to .$568. Several instances were noted in which food was purchased for Thanksgiving and Christmas office functions, and several instances were noted in which meals were pumhased for judges'and other court personnel at restaurants. AGENDA ITEM NO.. ,,~,, _'~ SEP 2 2002 Pg. ,, Jun 1~ 02 05: 16p p. 6 While the intent of many of these expenditures may lxave been to recognize and reward volunteers and court employees, we were unable to find statutory authority for these expenditures. Ii is recommended that court expenditures for. banquets? dinners, lunc. hes, etc. onIy be made from court resources when there is a clear public purpose for which statutory authority exists. 5. Legal Fees Legal fees of $50,229 were paid from the mediation account. The majority o£these fees related to two cases: expenditures of $40,0,52 related to the Starnes v. Brock case in which then Chief Judge Starnes and Collier County Clerk of the Court Dwight Brock were engaged in litigation over the payment of court related expenses from Collier County funds, another $9,177 was spent on legal fees relating to employment issues. All of the legal fees which were funded out of the account appear to have had a public purpose and would have been eligible for payment out of other court funds. These legal fees did not directly relate to mediation activities and the rational for the payment of the fees out of the mediation account was unclear. We recommend that court expenditures for legal fees be made from appropriate court funds. 6. Teen Court Contributions from the Jr. League of Ft. Myers in the amount of $15,536 were deposited "-into the mediation account to provide funding for Teen Court activities. Ex. penditures . from the account for Teen Court activities totaled $22,084; this resulted in~e'ipenditures .. in excess of contributions in the amount of $6,548. This deficiency was funded out of the · mediation account. -' The Teen Court program has no direct relatiopship to the mediati, on activities and we could fred no justification for funding the excess Teen Court fees from the mediation account. We recommend that court expenditures for the Teen Court program only be ~ made from appropriate court ~mads. I AGENDA iTEM NO., /&z.- '~ SEP 2 2002 .. //) Jun 18 02 05: l?p P-? 7. Scholarships Scholarships totaling 517,500 were funded out of the mediation account. The individual scholarships ranged in amount from $500 to $1,500. Court Administration had established selection criteria and documentation requirements to scholarship applicants. Axnong the criteria and requirements were past pariicipation in the Teen Court program, letters of reference, and proof o f successful academic performance. We were unable to identify any statutory authority nor any public purpose'for these expenditures. It is recommended that sCholarships not be funded from court resources unless specific statutory authority exists for such expenditures. 8. Audits Audits of the following court programs or activities were funded out of the mediation account: Hendry/Glades Drug Court ....................... $9,240 Job Evaluations .................................... 5,575 Family Court Section .............................. 300 $15,115 Each of these audits are supported by a public purpose; however, the programs being audited have no apparent relationship to mediation activities and it was not clear as to the rationale for funding these audits ou{ of the mediation account. We recommend that Court expenditures for audits be made from appropriate..cpxtrt funds. 9. Flowers and Gifts ' -' '-' ~' A total of $12,970 was paid out of the mediation account for flowers, gird, etc. It wag not practi6al to attempt to identify all recipients of Rowers since 1990; hox~¢v~r, we asked court administration staff to identify the recipients of flowe~ during the period October 1, 1999 to September 30, 2001. We found that all flowers purchased during this time were for court employees, relatives of court employees, etc. The events__ for which these flowers were purchased included secretaries day, sickness, fUnerals, Icrc. AGENDA ~TEM._ SEP 2 2002 .. Pg. ,,// Oun lB 02 05: lTp p.B XVhile these expenditures may have been intended to enhance employee morale, we could find no statutory authorization for these expenditures, and in fact, Section Y of the State- comptroller's Voucher prOCessing Handbook specifically probJbits expenditures for flowers unless "expressly provided by law." We recommend that flowers, gifts, etc. not be funded out of court resources unless specific statutory authority exists to support such expenditures. 10. Mediation Services · During the' period July 31, 1990 to ApH1 11, 2001, only one payment in the amount of $1,010 -,vas made out of the mediation account for mediation services for indigent clients; however, during the five month period from ApfiI 12, 2001 to September 12, 2001, fifty payments totaling. S4,472 were paid out of the mediation account for these mediation services. This increase in these mediation expenditures seems to have coincided with the period at which the mediation fund first came under scrutiny. Chapter 44, Florida Statutes authorizes counties to assess certain filing fees to support mediation activities. In the 20°~ Judicial Circuit, Lee, Charlotte and Collier counties do assess such fees. We were unable to determine the rationale for payment of mediation services for indigent clients from the mediation account rather that from the accounts funded from the Chapter 44 filing fees. We recommend that court expenditures for mediation services for indigent clients be .made from filing fees collected pursuant to Chapter 44, Florida Statutes, to the extent that these funds are available. Expenditures in exce~s of the.qe funds should be:,made from other appropriate court funds. " ~'~, .( 11. Awards ..... ' F_,xpendimres for awards in the mount of $4,990 were made from the mediation accotmt. Most of these expenditures related to the cost of plaques for recognition of volunteer mediators and court employees not necessarily involved in the.mediation' program. AGENDA ITEM'--'~ SEP 2 2002 3~n 18 O~ 05: l?p p.8 We found no statutory authority for these expenditures; therefore, it is recommended that expenditures for a~vards only be made from court funds if specific statutory authority exists for such expenditures. 1~. Shirts Among the expenditures from the mediators account ',,-as a payment in the amount of $I,568 for shirts embroidered with a court logo. These shirts were provided to court staff to wear on casual Fridays, etc. These shirts were not uniforms, but instead, were optional attire that the employees were allowed to wear. We could find no statutory authority, nor any public purpose, for tkis expenditure. It is recommended that court funds not be used for the purchase, of clothing unless specific statutory authority exists for such expenditures. ]n thc event such expenditures are authorized, it is recommended that those expenditures be made from appropriate court funds. I3. Disposition of Funds As of May 15, 2002 the balance in the mediation account totaled $664,275, of which $233,308 was maintained in a checking account and S430,967 ,,vas in the form of a certificate of deposit. Included La these balance~ arc uaexpended funds that were being held on behalf of organizations outside the court system. These balances are as follows: Judicial A.~sistants Association of Florida ............ $1,239 : Lee Co. Arbitration/Mediation Adv. Board ........... $809 Guardian Ad I.,item Advisory Board ...... ,.: .......... $64 ':', ' ~ · Child Witness Room Contributions .................... $ 4,104 $6,216 The Judicial Assistants Association of Florida (JAAF) d~positcd funds in thc amount of $~¢,.515 into the mediation account and court administration made a donation of $1,000 to the J'A.A.F in the form of a transfer fi-om mediation fees. Expenditures of these jAA.F funds totaled $4,.276, which leaves a ledger balance ors 1,239. AGENDA iTEM SEP 2 Pg.__/' 2un 18' O~ 05: 17p p. lO It is recommended that of this $1,239, $239 be retumed to the JAAF immediately and that the remaining $1,000 only be remitted to the JAAF if it can be demonstrated that adequate justification existed for the $1,000 donation from the mediation account. · I~e County Arbitration/Mediation Advisory Board, Lac. deposited funds .in the amount of $I,243 into the mediation account, of which $434 was disbursed on behalf of the board. It is recommended that the remaining $809 ofunexpended board funds be immediately returned to the board. The Guardian Ad Litem (GAL) ~dvisory Board had deposited funds in the amount of $10,360 into the mediation account, of which $10,296 has been disbursed at the direction of the GAL Advisory Board. It is ~recommended thai the remaining $64 of unexpended board funds be immediately returned to the board. Child Witness Room contributions totaling $5,000 were deposited into the mediation account of which $1,000 was deposited in 1996 and the remaining $4,000 was deposited in 1999. Expenditures from the mediation account relating to the Child Witness Room totaled S896, ail of which was spent in 1996. Unless it can be established that the~e unspent funds wilI be utilized in the near future to defray the costs of the Child Witness Room, it is recommended that, of the $4,104 Child Witness Room contn'butions still on hand, $4,000 be returned to the 1999 ¢ontn'butor and that the remaining $104 be returned to the 1996 contributor. La the event these funds will be utilized in the near future for Child Witness Room costs, it is recommended that the $4,104 be held in the accounts of the Lee County Clerk.of Court.. .. 'Chief Judge Blackwell, in conjunction w/th the 0ffi¢~'~f the State Courts A~nistrator, is assessing the proper disposition of the remaining funds in the mediation, account. Since the .disposition of these funds relate primarily to legal issues which are beyond the scope and role of the Supreme Court Office of Inspector Ge~....eral, we offer .no recommendation on this matter. AGENDA i+'F-'M ' II NO. /~ z_ ~ SEP 2 2002 Pg. 14; Pro Se Fees In Sept~nber 1997, then Chief Judge Hugh $tarnes issued an administrative order approving the pro se litigant program, authorizing the collection of user fees, directing that these fees be deposited into an account maintained by the Clerk of thc Court, and that the funds be used for maintenance or expansion of pro se litigant services at the discretion of the Courl Administrator. Thc user fee schedule approved in this order was as follows: Dissolution of Marriage with minor children ......... $100 Palernity .................................................... $1 O0 Dissolution of Marriage without minor children ...... $75 All new Petitions .......................................... $75 Child & Adult Name Changes ........................... $75 Stepparcnt Adoptions ..................................... $75 Grandparent Visitation .................................... $75 Modification of Orders .................................... $50 Motions ...................................................... $35 Income Deductions ......................................... $35 Response to Petitions ...................................... $35 Subpoenas .......................................-:..: .......... $35 We could find no statutory authority for the collection ~f these mcr fees. O~Scptember " 26, 2001 Chief Judge Blackwcll directed that thc collection of these p~ sc fees be. discontinued. Wc agree with Chief Judge Blackwcll's action and recomrn'end thai these fees not be reinstated uniess authorized by statutc. AGENDA ITE .M~ NO. ~,¢/.." [ SEP 2 2002 pg./_,~'- 15. Domestic Violence Fees In 1994, then Chief Judge Thomas Reese entered an administrative order approv/ng a Lee Cqunty domestic v/olence divers/on program created by, and with, the State Attorney's Office. The order d/retted the Clerk of Court to collect a divers/on fee 6f $35 for use by the State Attorney, and a $3 service charge to be paid to 'the Clerk. Court administration had no involvement in the collection or expenditure of these funds. We couId find no statutory authority for the collection of this diversion fee. On September 26, 2001 Chief Judge Blackwell directed that the collection of these domestic violence fees be discontinued. We agree with Chief Judge Blackwell's action and recommend that these fees not be reinstated unless authorized by statute. 16. Stipend On September 29, 1993, then Chiefludge Thomas P,.eese issued an order that directed the Lee County Clerk of Court to begin paying Court Administrator William D. Wilkinson, : Sr. the sum of $10,600 annually in monthly installments commencing October 1, 1993 through September 30, 1994. These payments Were to continue from year to yefir commencing on October 1 and terminating September 30 the following year until further order of the court. On May 12, 1994 ludge Reese issued another administrative order which increased the annual sum to $13,600 beginning October 1, 1994. This was followed by another administrative order in March 1995 in which Judge Reese directed that the annual sum be increased to $15,850 effective April 1, 1995. Each year Lee County provides substantial funding fo~:-court operations. Most of these funds are placed in the Lee County Clerk of Court's 002 fund and are '~available for expenditure at the direction of the Chief/Iudge. It was from this fund tl;tat the stipend payments 'were made. In order to verify that stipend payments were made in the mounts directed in the administrative orders, we reviewed vendor ledgers for the period October 1, I993 th~u~ September 30, 2001. We found that these payments were made a~ orele,_recl ~rou~h .... ! AGF:~IDA ITEM "'-I NO. /a - ( 3Un 18 O~ 05: 1Bp p. 13 February 2001, at which time questions were raised as to the propriety of the stipend and payments were discontinued. In.order to assess the propriety of the payment of the stipend, we asked the legal staff' in th} Office of the State Courts Administrator to research this matter. Legal staff' found that Section 25.382, Florida Statutes, provides that the Supreme Court alone has authority to estabIish the salary for court employees, and to compensate them for performance of duties attendant to their state employment. In a May 15, 2001 letter to the Deputy State Courts Administrator, Chief Judge Black'well stated that the purpose~ of the stipend payments was to compensate Mr. Wilkinson for administering numerous programs "of benefit to Lee County through his office within the courts." Some of these programs included supervised release, eount'y probation and operation of the county law'library which are typically, not the responsibility of court administration and were beyond the scope of the state responsibilities of the court administrator. Although flue administrative order directing the payment of the stipend did not specifically identify any county responsibilities that Mr. Wilkinson was to perform in exchange for the stipend, it appears that the intent was to compensate him for these additional county responsibilities. Section 216.262(1 )(d) pro~ides: An individual employed by a state agency or by the judicial branch may not hold more that one employment during his or her normal working hou.~ with the state, such working hours to be determined by the head of the state agency affected, unless approved by the Depm~,ent of Management Services, or delegated to flue agency head, or by the Chief Justice of the Sup~e Court, respectively. In evaluating whether Mr. Wilkinson may have been compensated for perf.oXming county duties durihg lxis normal state working hours, 'We reviewed'rei~,aut" stale CoU~ System Personnel Regulations. These regulations provide that court administrators have 40 hour worloveeks, that overtime work above 40 hours be at thc discretion of the supervising judge, and that in no case thc court administrator be paid for overtime wor]' SEP 2 200 .]un 18 02 05: 18p p. 1~ We found that Mr. Wilkinson does not have specific hours designated for this 40 hour workweek; however, based on our discussions with court administration staff', it appear~ that Mr. Wilkinson typically works substantially mom than 40 hours per week. On a daily bas/s, it would be unlikely that he would be able to clearly distinguish between his ti~¢ spent fulfilling his state responsibilities and his county responsibilities; however, it appears that Mr. Wilkinson has devoted the time and energy to ensure that both responsibiIitie, s have been fulfilled to the satisfaction of the current and former supervising judges. The trial courts receive signifiqaxlt funding from state and county governments. Az a re~llt, it is oft~zi difficult to establish whether a court program or activity is a state function, a county function, or a "blended" function. Due to this bIended relationship between the state and counties, it is inherent in the duties and resl~nsibilities of all trial court administrators to manage county funded programs and activities to some extent. We recommend that a stipend only be paid in instances in which the court administrator assumes substantial county responsibilities beyond the customary responsibilities of a trial court administrator. We further recommend that those county responsibilities o~y be assigned to the extent to which they do not impede the satisfactory fulfillment of the state assigned responsibilities of the court administrator. We 'further recommend that any future administrative order to pay a stipend specifically identify the county responsibilities which are to be performed in exchange for the stipend. NO. _ SEP 2 2002 %/2' EXECUTIVE SUMMARY TO ADOPT A RESOLUTION APPROVING AMENDMENTS TO THE FISCAL YEAR 2001-02 ADOPTED BUDGET. OBJECTIVE: That the Board of County Commissioners adopt the attached resolution and the related amendments which amend the Fiscal Year 2001-02 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 2001-02. 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 IMPACT: There is no Growth Management Impact associated with this Executive Summary. RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal Year 2001-02 adopted budget. Prepared by: Date: Michael Smykowski, OMB Director Approved By: Date: James V. Mudd, County Manager AGENDA ITE~ No, 1~' ,:~ SEP 2 2002 PC. COUNTY OF COLLIER NOTICE OF PUBLIC HEARING COLLIER COUNTY, FLORIDA PROPOSES TO AMEND ITS FISCAL YEAR 2001-02 ADOPTED BUDGET All interested parties are invited to attend a public hearing on this matter to be held on September 24, 2002 at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Collier County Government Center, W. Harmon Turner Building, 3301 Tamiami Trail East, Naples, Florida. A copy 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, W. Harmon Turner 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 of Courts James N. Coletta Board of County Commissioners Collier County, Florida Chairman Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 02-004 410 Water/Sewer Debt Service $21,128,400 $124,571,700 PURPOSE: To appropriate bond proceeds for wastewater plant expansion. 02-005 413 Sewer Impact Fee $19,242,800 $121,638,450 PURPOSE: To appropriate transfer for wastewater plant expansion. 02-006 414 Sewer Impact Fee $1,885,600 $33,514,597 PURPOSE: To appropriate transfer for wastewater plant expansion. 02-011 516 Property and Casualty Insurance $1,570,000 $6,941,800 PURPOSE: To appropriate billing revenues for property reinsurance premiums. AGEh:DA ITEM No.____/ SEP 2 7_00 pg. Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 02-023 413 Wastewater Impact Fees $125,000 $121,763,450 PURPOSE: To recognize City of Naples contribution for a wastewater interconnect. 02-031 118 Emergency Management & Fire Grants $2,060 $217,540 PURPOSE: Appropriate grant and matching funds to purchase fire equipment (Isles of Capri). 02-032 118 Emergency Management & Fire Grants $9,672 $227,212 PURPOSE: Appropriate grant and required matching funds to purchase fire equipment (Ochopee). 02-038 114 Water Pollution Control $49,997 $2,365,497 PURPOSE: To recognize Florida Department of Environmental Protection funds for an Enhanced Small Quantity Generator Pilot Program project. 02-040 138 Naples Production Park MSTD $6,200 $12,300 PURPOSE: Appropriate carryforward for payment of Stipulated Final Judgment on a parcel of land. 02-043 116 Miscellaneous Grants Fund $11,900 $160,794 PURPOSE: Appropriate General Fund transfer to pay for a part-time position for the Retired and Senior Volunteer Program. 02-065 412 County Water Capital Projects $250,525 $15,484,488 PURPOSE: To appropriate carryforward for utility relocations on project widening US 41. 02-074 411 Water Impact Fee $270,000 $50,877,127 PURPOSE: To appropriate carryforward for Livingston Road Phase 2 Water Main Improvements. No.__._/~'_. ' . SEP ? Budget' Amend. Fund Change Fund No. No. Fund Title Amount Total 02-076 111 MSTD General Fund $169,918 $27,940,298 PURPOSE: To appropriate carryforward for US 41 East project. 02-088 146 Ochopee Fire Control $30,000 $1,256,400 PURPOSE: To appropriate General Fund transfer to outfit a brush truck. 02-092 306 1982 Parks Improvement CIP $4,750,000 $7,243,676 PURPOSE: To appropriate bond proceeds for purchase of the Barefoot Beach Preserve parcel. 02-100 290 1997 Special Obligation Revenue Bonds $81,913 $2,775,913 PURPOSE: Appropriate funds to pay interest arbitrage rebate payment. 02-104 299 5% Commercial Loan $1,166 $5,926,966 PURPOSE: Appropriate funds to pay final arbitrage rebate on library commercial paper loan. 02-109 136 Golden Gate Beautification $12,340 $674,620 PURPOSE: To appropriate carryforward for Tropicana Blvd. landscaping project. 02-162 210 2002 Capital Improvement Revenue Bonds $1,427,611 $1,427,611 PURPOSE: To assist in refinancing of 1999 Line of Credit, outstanding Commercial Paper issues, and provide loans for capital projects. 02-164 298 Line of Credit - Nations $2,241,336 $3,434,036 PURPOSE: To recognize bond proceeds to refinance Line of Credit. 02-166 299 5% Commercial Loan $15,987,034 $21,914,000 PURPOSE: To appropriate funds from Commercial Paper Loan for capital projects. _ AGENDA ITEM1 No. SEP 2 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 02-168 306 1982 Parks Improvements CIP $4,700,000 $11,943,676 PURPOSE: To appropriate funds from Capital Improvement Revenue Bonds for Lely Barefoot Beach parcel. 02-202 101 Transportation Services $70,355 $12,193,102 PURPOSE: To reimburse Transportation Planning Department for planning position. 02-207 519 Short-Term and Long-Term Disability $250,000 $250,000 PURPOSE: To appropriate Health Fund Reserves to pay disability claims. 02-228 111 MSTD General Fund $20,000 $27,960,298 PURPOSE: To appropriate transfer for relocation of Natural Resources Department while facility expansion completed. 02-229 495 Collier County Airport Authority $55,000 $2,137,200 PURPOSE: To recognize grant and matching funds for airport operations. 02-231 001 General Fund $9,000 $192,123,547 PURPOSE: To appropriate surplus sale proceeds for mail sorting equipment. 02-238 040 Sheriff $49,366 $81,284,266 PURPOSE: To appropriate General Fund transfer for Crime Scene Bureau relocation. 02-240 111 MSTD General Fund $50,000 $28,010,298 PURPOSE: To appropriate transfer from TDC for Viva Naples Latin Music Festival. 02-249 126 Metro Planning MPO $41,508 $4,642,540 PURPOSE: To appropriate insurance claim and General Fund transfer for replacement vehicle. A G SEP 2 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 02-256 101 Transportation Services $364,975 $12,558,077 PURPOSE: To appropriate transfer for funding Right-of-Way Department. 02-280 040 Sheriff $377,600 $81,661,866 PURPOSE: To appropriate General Fund transfer for temporary housing and staff at Naples Jail. 02-282 040 Sheriff $63,808 $81,725,674 PURPOSE: To appropriate General Fund transfer for violent crime investigation costs. 02-287 191 State Housing Incentive Partnership $490,600 $5,990,601 PURPOSE: To appropriate carryforward for SHIP program expenditures. 02-310 301 Facilities Management County-Wide CIP $125,000 $26,404,918 PURPOSE: To appropriate General Fund transfer to replace chiller equipment. 02-313 301 Facilities Management County-Wide CIP $103,000 $26,507,91 $ PURPOSE: To appropriate General Fund transfer for renovation of Supervisor of Elections building. 02-320 341 Road Assessment - Receivable $80,000 $460,700 PURPOSE: To appropriate loan repayment into reserves. 02-338 516 Property and Casualty Insurance $643,300 $6,941,800 PURPOSE: To appropriate insurance billings to pay claims and provide flood elevation certificates and insurance for County properties. 02-341 301 Facilities Management County-Wide CIP $1,367,400 $27,875,513 PURPOSE: To appropriate General Fund transfer for lease improvements for the Property Appraiser. AGENDA No,_ 17 SEP 2 Pg._ 6 Budget' Amend. Fund Change Fund No. No. Fund Title Amount Total 02-351 146 Ochopcc Fire Control $36,280 $1,292,680 PURPOSE: To appropriate reserves and a State reimbursement to replace command vehicle. 02-371 001 General Fund $22,000 $192,145,547 PURPOSE: To appropriate transfer for Collier 2002 cable programming. 02-380 521 Fleet Management $128,500 $3,276,800 PURPOSE: To appropriate General Fund transfer for refurbishment of County Barn Road facility. 02-382 101 Transportation Services $349,000 $12,907,077 PURPOSE: To appropriate transfer to offset initial cost of FDOT road maintenance. 02-385 412 Water Capital Projects $650,000 $16,134,488 PURPOSE: To appropriate loan proceeds to complete repair of Deep Injection Well 1 at NRWT facility. 02-398 409 Water & Sewer Capital Projects $26,500 $26,500 PURPOSE: To appropriate transfer for Price St. MSBU engineering fees. 02-407 001 General Fund $98,000 $192,243,547 PURPOSE: To recognize unused Airport Authority grant matching funds. 02-424 517 Group Health and Life Insurance $2,217,100 $17,434,473 PURPOSE: To appropriate additional revenues to fund claims and reinsurance expenses. 02-432 409 Water/Sewer Capital Projects $258,500 $285,000 PURPOSE: To appropriate transfer for Price Street Water MSBU. 02-436 161 Livingston Road Phase II MSTU $20,000 $20,000 PURPOSE: To appropriate loan for landscape design. AGE~!D~ I~ No. /7 SEP 2 q 2002 Pg. 7 Budget Amend. Fund Change Fund No. No. Fund Title Amount Total 02-438 155 Forest Lakes Roadway & Drainage MSTU $60,000 $199,749 PURPOSE: To appropriate transfer for completion of drainage improvements. 02-464 301 Facilities Management County-Wide C~ $1,400,000 $29,275,318 PURPOSE: To appropriate loan proceeds for expansion of 800 MHz system. 02-465 491 EMS Grants $213,388 $375,548 PURPOSE: To appropriate State grant funds and County match in reserves for purchase of Mobile Data Terminal technology and Weapons of Mass Destruction response equipment. 02-478 040 Sheriff $840,000 $82,565,674 PURPOSE: To appropriate General Fund transfer to cover overtime expenses. 02-488 490 EMS $505,500 $13,878,200 PURPOSE: To appropriate ambulance fees to cover payroll expenses. 02-490 412 Water Capital Projects $649,500 $16,783,988 PURPOSE: To appropriate loan proceeds for an emergency repair to the Injection Well at NRWT facility. 02-497 001 General Fund $30,000 $192,303,547 PURPOSE: To appropriate Maintenance Services revenues for reimbursement of' Building Maintenance Special Services expenses. 02-524 325 Stormwater Management Capital $2,750,000 $10,304,615 PURPOSE: To acquire 99 acre tract of mitigation land. . AGENDA ITE,~ -.. SEP 2 2002 Pi._ £ 1 2 RESOLUTION NO. 02-BAR- 3 4 A RESOLLTTION PURSUANT TO SECTION 129.06(2), 5 FLORIDA STATUTES, TO AMEND THE BUDGET 6 FOR THE 2001-02 FISCAL YEAR. 7 8 WHEREAS, Section 129.06(2), Florida Statutes, provides that the Board of County Commissioners (hereinafter also 9 referred to as "Board") at any time within a fzscal year may amend a budget for that year, and provides the procedures 10 therefor; and 11 WHEREAS, the Board of County Commissioners of Collier County, Florida, has received copies of budget 12 amendments which provide for but are not limited to: anticipated carry forward, unanticipated revenue, and/or receipts of a 13 nature from a source not anticipated in the budget and ~eived for a particular purpose; appropriations for expenditures in 14 particular funds that should be decreased and other appropriations i~ the same fund that should be correspondingly 15 increased; appropriations from the reserve for contingencies; appropriations from the reserve for=.fumre consnxuction and 16 improvements; and increased receipts for enterprise or proprietary funds received for a particular purpose; and 17 WHEREAS, the Board has determined that it is appropriate to amend the Budget for Fiscal Year 2001-02 by 18 resolution pursuant to Section 129.06, Florida Statutes. 19 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COLrNTY COMMISSIONERS OF COLLIER 20 COUNTY, FLORIDA, that the budget amendments to the 2001-02 FY Budget described below are approved and hereby 21 adopted and the 2001-02 FY Budget is so amended. 22 INCREASE 23 (DECREASE) 24 CARRY 25 FORWARD INCREASE 26 BUDGET OR INCREASE INCREASE INCREASE DECREASE) 27 AMENDMENT INTE ILF {o~q3 (DECREASE) (DECREASE) (DECREASE) INTER.FUND 28 ~ ~ERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 29 410 02-004 $21,128,400 $21,128,400 30 413 02-005 $19,242,800 $19,242,800 31 414 02-006 $1,885,600 $1,885,600 32 516 02-011 $731,600 $838,400 $1,570,000 33 413 02~023 $125,000 $125.000 34 118 02-031 $ 1,030 $1,030 $2,060 35 118 02432 $4,836 $4,836 $9,672 36 114 02-038 $49,997 $49,997 37 138 02-040 S6,200 S6,800 ($600) 38 116 024343 $I 1,900 $11,900 39 412 02-065 $250,$25 $250,525 40 411 02-074 $270,000 $270,000 41 111 02476 $169,918 S169,918 42 146 02488 S30,000 $30,000 AGENDA ITE,~ No. 43 306 02492 $4,750,000 $4,758,200 ($8,200) ~ o2-:oo $g,,9,3 SEP 2 q 2tm, - ~. - Pg- ~ I I::NCREASE 2 (DECREASE) 3 CARRY 4 FORWARD INCREASE 5 BUDGET OR INCREASE INCREASE INCREASE (DECREASE) 6 AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND '~ FUND N73MBERS TRANSFERS RECEIPT EXPENDITLrR.E RESERVES TRANSFERS o 299 02-104 $1,166 $1,166 9 136 02-109 $12,340 $12,340 10 210 02-162 $1,427,6l I $1,427,611 11 298 02-164 ($594,685) $2,836,021 $2,241,336 12 299 02-166 $1,472,034 $14,515,000 $15,987,034 13 306 02-168 $4 700;000 $4,700,000 14 101 02-202 $70,355 $70.355 15 519 02-207 $250,000 ' $250,000 16 111 02-228 $20,000 $30.600 ~i$10,600) 17 495 02-229 $11,000 $44,000 555,000 18 001 02-231 $9,000 $9,000 19 040 02-238 $49,366 $49,366 20 111 02-240 $50,000 $50,000 21 126 02-249 $41,508 $41,508 22 101 02-256 $364,975 $364,975 23 040 02-280 $377,600 $377,600 040 02-282 $63,808 $63,808 25 191 02-287 $490,600 $490,600 26 301 02-310 $125,000 $125,000 27 301 02-313 $103,000 $103,000 28 341 02-320 $80,000 $80,000 29 516 02-338 $215,000 $643,300 ($428,300) 30 301 02-341 $1,367,400 $1,367,400 31 146 02-351 $36,280 $38,280 ($2,000) 32 001 02-371 $22,000 $22,000 33 521 02-380 $128,500 $128,500 34 101 02-382 $349,000 $349,000 35 412 02-385 $650,000 $650,000 36 409 02-398 $26,500 $26,500 37 001 02-407 $98,000 $98,000 38 517 02.-424 $2,217,100 $2,217,100 4.~o 161 02-~36 $20,000 s20,000 No. 42 325 02-524 $2.750,000 $2,750,000 SEP ~ q 2002 Pg.__/,o 2 I INCREASE 2 (DECREASE) 3 CARRY 4 FORWARD INCREASE 5 BUDGET OR INCREASE INCREASE INCREASE (DECREASE) 6 AMENDMENT INTERFUND (DECREASE) (DECREASE) (DECREASE) INTERFUND 7 FU~rD NUMBERS TRANSFERS RECEIPT EXPENDITURE RESERVES TRANSFERS 8 9 301 02-464 $1,400,000 $1,400,000 10 491 02-465 $53,347 $160,041 $213,388 11 040 02-478 $840,000 $840,000 12 490 02-488 $505,500 $592,300 ($86,800) 13 412 02-490 $649~500 $649,500 14 001 02-497 $30,000 $30,000 15 BE IT FURTHER RESOLVED that the Clerk is hereby ordered and directed to spread this Resolution in full among the 16 minutes of this meeting for permanent record in his office. - - 17 This Resolution adopted after motion, second and majority vote favoring same. 18 19 DATED: 20 21 ATTEST: BOARD OF COUNTY COMMISSIONERS 22 DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA 23 24 25 By: By: 26 DEPUTY CLERK JAMES N. COLE'I~FA, CHALILMAN 27 28 29 Approved as to form and 30 legal sufficiency: 3~ 3~5 ~.~miro Mamlich v- Chief Assistant County Attorney AGENDA IT EI'.~_ No ..... /Z SEP 2, 2002 /!- .... EXECUTIVE SUMMARY A RESOLUTION TO APPROVE THE EXPANSION OF THE GEOGRAPHIC BOUNDARIES OF THE COLLIER COUNTY WATER-SEWER DISTRICT TO INCORPORATE AREAS WITHIN THE RURAL FRINGE AMENDMENT AREA OBJECTIVE: That the Board of Collier County Commissioners, as the ex-officio Board of thc Collier County Water-Sewer District (CCWSD), approve the extension of the geographic boundaries of the Collier County Water-Sewer District to incorporate the Rural Fringe mixed use District; the Rural Fringe Receiving Areas, Neutral Areas, and area for designated essential services, but excluding the certificated area of the OrangeTree Utility and other specified excluded areas. CONSIDERATIONS: The existing geographic boundaries of the Water-Sewer District, were established by the original enactment into law of Chapter 88-499, Laws of Florida and through Resolution No. 96-14, and are incorporated within the Resolution. The added geographic boundary areas are contiguous to the existing boundaries and incorporate the Rural Fringe Receiving and Neutral Areas, designated as the Rural Transition Water and Sewer District. Also, Section 25, Township 49S, Range 26 E is included to accommodate essential services for Public Utility Facilities which is provided for within the Rural Fringe Amendments that were adopted by the Board of County Commissioners. The expanded Water-Sewer District will ensure controlled growth that will be contained within the rural fringe receiving and neutral areas. These areas will be served with regional water and sewer facilities, thus controlling the use of septic tanks and on-site potable water wells. The expansion of these boundaries does not include any area that is within any existing boundary of the City of Naples, City of Everglades, Immokalee Water and Sewer District, City of Marco Island, City of Golden Gate, and Orange Tree Utility certified area. The Board of County Commissioners adopted the Rural Fringe Growth Management Plan Amendments on June 19, 2002, and the 2001 Water and Wastewater Master Plans were approved and adopted on December 12, 2001. Therefore, it is in the best interest of the residents of Collier County to expand the boundaries of the Collier County Water-Sewer District to include area designated as the Rural Transition Water and Sewer District on Map PW-3 of the Sanitary Sewer and Potable Water Sub-elements of the Public Facilities Element of the GMP. FISCAL IMPACT: This Resolution will allow for the collection of water and wastewater impact fees within the expanded district boundaries and will be in accordance with the Water and Wastewater Master Plans. GROWTH MANAGEMENT IMPACT: The expanded Water-Sewer District boundaries are within the Rural Fringe mixed use District of the FLUE. The designated areas within the Rural Fringe Area are an outgrowth of a 1999 order from Governor Bush that will ensure protection of the wetlands and wildlife. RECOMMENDATION: That the Board of Collier County Commissioners as the ex-officio Board of the Collier County Water-Sewer District (CCWSD), approve and adopt the attached Resolution to expand the Collier County Water-Sewer District boundaries. Prepared by: Ann Marie Saylor, Op~itions Analyst Date Reviewed by:_ ;, L_, t- c -~' / Roy Anderson, P.E., Public Utilities Engineering Director Date Reviewed by: J°h~"~/°nk°sky' .I)_epartment of Cegenue Director Date Reviewed by: ! D~te Thomas Wides, Director of Operations Reviewed by: -' Tom Kuck, P. E., Engineering Plan Review Date Reviewed by: _ _ Stan Litsinger, A.I.C.T. Planning Manager Date  De~ny, P. E., Public Utilities A~inistrator Date t RESOLUTION NO. 2002 - __ 2 RESOLUTION NO. CWS-2002 - 3 RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS OF 4 COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER 5 COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE 6 COLLIER COUNTY WATER-SEWER DISTRICT TO EXPAND THE ? GEOGRAPHIC BOUNDARIES OF THE COLLIER COUNTY WATER- 8 SEWER DISTRICT; PROVIDING AN EFFECTIVE DATE. 9 10 WHEREAS, by prior adoption of the Rural Fringe Growth Management Plan 11 Amendments and by prior adoption of the 2001 Water and Wastewater Master Plans, and by 12 this Resolution of the Board of County Commissioners, it is resolved that it is in the best 13 interests of the residents of Collier County and within the Collier County Water-Sewer 14 District to expand tbe boundaries of the District to include therein the Rural Fringe Receiving 15 Areas, Rural Fringe Neutral Areas and very limited Rural Fringe Sending Area; and 16 WHEREAS, these added geographic areas are contiguous to the existing boundaries 17 and District '*,ater and sewer service to these new areas will be consistent with engineering 18 principles; and 19 WHEREAS, pursuant Paragraph (3) of Section 3 of Chapter 88-499, Laws of Florida, a 2o Special Act, it is hereby resolved to expand the geographic boundaries of the Water-Sewer 2l District as specified herein. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY 24 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY 25 OF COLLIER COUNTY AND AS EX-OFFICIO THE GOVERNING BOARD OF THE 26 COLLIER COUNTY WATER-SE\VER DISTRICT, that: 27 28 1. The existing geographic boundaries of the Water-Sewer District, which are the 29 boundaries established by enactment into la'*, of Chapter 88-499, Laws of Florida, as those 30 boundaries ,,'ere expanded by operation of Collier County Resolution No. 96-14. Those 31 boundaries, as described in Exhibit "A" attached hereto and incorporated herein, are hereby 32 acknowledged. 33 34 2. The now existing geographic boundaries of the Collier County Water-Sewer 35 District (described in Exhibit "A") are hereby expanded to incorporate the Rural Fringe 36 Receiving Areas, Rural Fringe Neutral Areas, and some Rural Fringe Sending Areas. These 37 new geographic boundaries, as expended by this Resolution, are described in Exhibit "B' 38 attached hereto and incorporated herein. 39 40 3. The expansion of these boundaries does not include any area that is within any 41 existing boundary of the City of Naples, the City of Everglades, the Immokalee Water and 42 Sewer District, the City of Marco Island, or the so-called "City of Golden Gate." I 17 [.SEP 2 4 1 2 4. These boundaries, as amended by this Resolution, do not include therein any 3 area that is within the certificated area of the private utility called The Orange Tree Utility. 4 That certi~[icated ama is described in Exhibit "C" attached hereto and incorporated herein. 5 6 This Resolution adopted after motion, second and majority vote favoring adoption this 7 .:lay of ,2002. 8 9 DATE: BOARD OF COUNTY COMMISSIONERS 10 ATTES'I': COLLIER COUNTY, FLORDA AND AS 11 THE GOVERNING BODY OF COLLIER 12 COUNTY AND AS EX-OFFICIO THE 13 GOVERNING BOARD OF THE COLLIER 14 COUNTY WATER-SEWER DISTRICT. 15 16 DWIGHT E. BROCK, CLERK 17 t8 BY: BY: 19 Deputy Clerk JAMES N. COLETTA, CHAIRMAN 20 21 22 23 Approved as to form and legal sufficiency. 24 26 lb, t/l/l_ , 27 Thomas C. Palmer 28 Assistant County Attorney 29 30 ! SEP 2 a 2C, 2 Exhibit "A" Geographic Boundaries of the Collier County Water-Sewer District adopted by enactment into law of Chapter 88-499, Laws of Florida. " XIST. WAIER/SEWIFR BOUNDARY EXISTING WATER/SEWER DISTRICT BOUNDAR~Y ......... pg. Exhibit "A" Description: Beginning at the easterly shoreline of the Gulf of Mexico and the North line of Section 6, Township 48 South, Range 25 East, Tallahassee Meridian, Collier County, Florida; thence East along the North line of said Section 6 and Section 5 to the Northeast corner of Section 5, Township 48 South, Range 25 East; thence South along the East line of said Section 5 to the Southeast comer of said Section 5, Township ,18 South, Range 25 East; thence East along the North line of Sections 9, 10, 11, and 12 of Township ~18 South, Range 25 East to the Northeast comer of Section 12, Township 48 South, Range 25 East; thence East along the North line of Sections 7, 8, and 9 to the Northeast comer of Section 9, Township 48 South, Range 26 East; thence South along the East Section line of Sections 9 and 16 to the Southeast comer of Section 16, Township 48 South, Range 26 East; thence East along the North Section line of Sections 22 and 23 to the Northeast comer of Section 23, Township 48 South, Range 26 East; thence South along the East section line of Sections 23, 26 and 35 to the Southeast comer of Section 35, Township 48 South, Range 26 East; thence South along the East line of Sections 2, 11, 14, 23, and 26 to the Southeast comer of Section 26, Township 49 South, Range 26 East; thence East along the North line of Section 36, Township 49 South, Range 26 East to the Northeast corner of said Section 36; thence South along the East line of Section 36, Township 49 South, Range 26 East to the Southeast comer of said Section 36; thence South along the East line. of Section I to the Southeast comer of Section 1, Township 50 South, Range 26 East; thence West along the North line of Section 12, Township 50 South, Range 26 East to the Northwest corner of said Section 12; thence South along the East line of Sections 11, 14, 23, 26 and 35, Township 50 South, Range 26 East to the Southeast corner of Section 35, Township 50 South, Range 26 East; thence South along the East line of Section 2, Township 51 South, Range 26 East to a point of the East line of Section2 lying one (1) mile North, as measured perpendicular to the Northerly right-of-way line of U.S. 41, State Road 90, Tamianfi Trail; thence Southeasterly along a line lying one (1) mile North, as measured perpendiculm' to the Northerly right-of-way line of U.S. 41, State Road 90, Tamiami Trail, to a point on the East Section line of Section 22, Township 51 South, Range 27 East; thence continue South along the East Section line of Sections 22, 27 and 34, Township 51 South, Range 27 East, to the Southeast comer of said Section 34; thence continue South along the East Section line of Section 3, Township 52 South, Range 27 East, to the intersection of said East Section line of Section 3 with Black Water River; thence Southerly along the waters of Black Water River and Black Water Bay to their intersection with Gullivan Bay; thence Westerly along the waters of Gullivan Bay and Sunfish Flat and Caxambas Bay to Caxambas Pass; thence West through Caxambas Pass to the Easterly shoreline of the Gulf of Mexico; thence Northerly along the Easterly shoreline of 'the Gulf of Mexico to the intersection of the Easterly shoreline of the Gulf of Mexico and the Norlh line of Section 6, Township 48 South, Range 25 East, being the Point of Beginning; LESS AND EXCEPT all of the following: SEP 2 2'0 2 A. City of Navies. Any lands lying within the City of Naples water and sewer service areas ~' as may be revised from time to time by mutual agreement between the City of Naples and the County Water-Sewer District of Collier County, Florida. B. Marco Island. All lands that are subject to Florida Public Service Commission Certificate No. 452-W and Florida Public Service Certificate No. 386-S, heretofore gra, nted to Mm'co Island Utilities pursuant to Florida Public Service Commission Order No. 17218; and (LESS and EXCEPT) all lands that are subject to Florida Public Service Commission Certificate No. 470-W and Florida Public Service Commission Certificate No. 405-S heretofore granted to Marco Shore Utilities pursuant to Florida Public Service Commission Order No. 17218. C. Golden Gate, All lands 'known as the City of Golden Gate. The so-called City of Golden Gate is not incorporated. This land is described as follows: All of Sections 21, 22, 27, and 28, Township 49 South, Range 26 East, less the East 100 feet of said Sections 22 and 27. Also the following described portions of Sections 15 and 16, Township 49 South, Range 26 East. Commence at the Southeast comer of said Section 15, S. 84° 44' 22" W. along tim South line of the SE 'A of said Section 15 for 100.42 feet to a point on the Westerly right-of-way line of State Road No. 858 and the POINT OF BEGINNING; thence continue S. 84° 44' 22" W. 2,555.94 feet to the South 'A comer of ~ said Section 15; thence S. 84° 32'25" W. along the South line of the SW ~A of said Section 15 for 2,653.76 feet to the Southeast comer of aforesaid Section 16; thence S. 89° 51'27" W. along the South line of said Section 16 for 5,290.68 feet to the Southwest .( comer of said Section 16; thence N. 00° 36' 43" W, along the West line of the SW tA of said Section 16 for 641.49 feet; thence S. 89° 57' 11" E., 5,290.05 feet to a point of intersection with the East line of the SE [/~ of the said Section 16, said point bearing N. 00° 41' 07" W. and a distance of 624.00 feet from the Southeast comer of said Section 16; thence East 5,194.36 feet to a point of the Westerly right-of-way line of State Road No. 858; thence South, along said Westerly right-of-way line, 137.12 feet to the POINT OF BEGINNING, all of the above lying and being in Collier County, Florida. NOTE: No part of this land is within any boundary of any municipal corporation. D. The City of Everglades and the lmmokalee Water and Sewer District. Because no boundary of the Collier County Water-Sewer D!strict as expanded by this Resolution is in close physical proximity to either the City of Everglades or the Immokalee Water and Sewer District, it is not necessary to describe with particularity the ge, ographic boundaries of either that City or that District. Exhibit "B" Rev ised boundaries of the Collier County Water-Sewer District after incorporation therein ,of the Rural Fringe Receiving Areas, Neutral Areas and limited Sending Area. /~ EXIST. WATER/SEWER r' PROPOSED [."?~"'"~i ........... / D STRICT BOUNDARY [WATER/~EWER '---~ ..... r'. ..... :,'~ ................... ~ ........... ' ....... ~ / . . '~ ' ' [~;~ ~ .,~' ...... , . ,, , . : ........ ~'~ ~" -~ ...... ' i ' ~~ -- ~A . ~ : ! ~ : .... - ..... -~ ...... ~ .... ; mSTR~CT SOU~OX~Y ._ - :: - -' ~ .,_~,- ,"~.,, ",~:. ~ / , . ~ ., .~.- - t I NEW WATER/SE~R DIS~ICT BOUNDARY SKETCH AND DESCRIPTION OF COLLIER cOUNTY NEW NORTHEAST WATER/SEWER DISTRICT BOUNDARY THE EAST 1/2 OF SECTION 54, TOWNSHIP 47 sOUTH, RANGE 27 EAST, LESS AND EXCEPT THE FOLLOWING: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 34, RUN wESTERLY A DISTANCE OF 2,646 FEEl, MORE OR LESS, TO THE sOUTH 1/4 cORNER OF SAID SECTION; THENCE NORTHERLY A DISTANCE OF 5.500 FEET. MORE OR LESS, ALONG THE NORTH-SOUTH 1/4 LINE OF SAID SECTION', THENCE RUN NORTH 88'11' EAST A DISTANCE OF 2,620 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION; THENCE SOUTHERLY A DISTANCE OF 3.550 FEET, MORE OR LESS, TO SAID sOUTHEAST sECllON CORNER ANO THE POINT OF BEGINNING; AND; ALL OF SECTIONS 55 AND 36, TOWNSHIP 47 soUTH, RANGE 27 EAST; AND; ALL OF sECTIONS 1 AND 2. TOWNSHIP 48 SOUTH, RANGE 27 EAST; AND; THE EAST 1/2 OF SECTION 3, TOWNSHIP 48 SouTH. RANGE 27 EAST. LESS AND EXCEPT THE OF 1.550 FOLLOW~NG: BEGINNING AT THE NORTHEAST CORNER OF SAID SECTION 5, RUN SOUTHERLY A DISTANCE FEET, MORE OR LESS, ALONG THE EAST LINE OF SAID SECTION; THENCE RUN SOUTH 55'00' WEST A DISTANCE OF 680 FEET. MORE OR LESS; THENCE RUN sOUTH 86'00' wEST A DISTANCE OF 1.190 FEET, MORE OR LESS; THENCE RUN, NORTH 57'00' wEST A DISTANCE OF 425 FEET. MORE OR LESS; THENCE RUN NORTH 80'50' WEST A DISTANCE OF 515 FEET, MORE OR LESS; THENCE RUN sOUTH 05'00' WEST A DISTANCE OF 1.191 FEET. MORE OR LESS, TO THE NORTH-souTH 1/4 LINE OF SAID SECTION 5; THENCE NORTHERLY A DISTANCE OF 2.770 FEET, MORE OR LESS, TO THE NORTH 1/4 CORNER OF SAID SECTION; THENCE RUN EASTERLY A DISTANCE OF 2,646 FEET, MORE OR LESS. ALONG THE NORTH LINE OF SAiD sECTiON TO SAiD NORTHEAST SECTION CORNER AND THE POINT OF BEGtNNING; AND; A 20G-FOOT STRIP OF LAND WI-lOSE EAST, sOUTHEAST. AND sOUTH BOUNDARY IS THE CENTERLINE OF COUNTY ROAD 846 (tMMOKALEE ROAD), RUNNING FROM THE SOUTH LINE OF SAID SECTION 3, SOUTHERLY, SOUTHWESTERLY, AND WESTERLY TO THE WEST LINES OF SECTIONS 21 AND 28, TOWNSHIP 48 SOUTH. RANGE 27 EAST, AND. A 200-FOOT STRIP OF LAND WNOSE wEST BOUNDARY tS THE cENTERLINE OF COUNTY ROAD 846 (IMMOKALEE ROAD), RUNNING FROM THE soUTH LINE OF SAID SECTION 2, sOUTHERLY TO THE soUTH LINE OF GOLDEN GATE ESTATES UNIT NO. 59, PLAT BOOK 7, PAGE 61. PUBLIC RECORDS OF COLLIER COUNTY, AND. THE EASTERLY ONE-HALF OF THE couNTY ROAD 846 RiGHT-OF-WAY RUNNING FROM SAID SOUTH LINE OF GOLOEN GATE ESTATES UNIT NO. 59 TO THE NORTH LINE OF GOLDEN GATE ESTATES UNIT NO. 23. PLAT BOOK 7, PAGE 9. PUBLIC RECORDS OF COLLIER COUNTY, AND. A 200-FOOT STRIP OF LAND WHOSE NORTH 8OUNDARY IS THE CENTERLINE OFcOUNTY ROAD 846 [IMMOKALEE ROAD), RUNNING FROM THE EAST LINE OF SAID SECTION 29, EASTERLY AND TERMINATING INTO THE NORTH LINE OF GOLDEN GATE ESTATES UNIT NO. 23 PLAT BOOK 7. PAGE 9. PUBLIC RECORDS OF COLLIER COUNTY, AND SAIO NORTH LINE ExTENOE~D wESTERLY TO SAID CENTERLINE. ALL OF THE ABOVE DESCRIBED LANDS ARE IN COLLIER CouNTY. FLORIDA. 1. THE BEARING AND DISTANCES SHOWN IN THIS DESCRIPTION AND THE DETAILS ON SHEETS 5 OF 4 AND 4 OF 4 ARE BASED ON DIGITAL MAP FILES FURNISHED BY THE COLLIER COUNTY DEPARTMENT OF NATURAL RESOURCES GEOGRAPHIC INFORMATION SYSTEMS (GIS) SECTION. THIS INFORMATION IS APPROXIMATE AND '.~'";.-~J~t...~_ ~_ ~ SHOULD NOT BE RELIED uPON FOR BOUNDARY sURVEY PURPOSES. ' --" ' 75 NOT VALID W~THOUT THE SIGNATURE AND ORIGINAL RAISED JA N. W1LKISON (FOR THE FIRM LB67 ) 2. pF~l~E~i~)i~it SURVEYOR AND MAPPER SEAL OF A FLORIDA LICENSED suRVEYOR AND' MAPPER. FLORI~_tCEN SE N O_~ L~ / 4~J~76 THIS '~ ~___-'DAY OF ~ 2002. FFREY C. COONER AND ASSOCIATES. INC. 3900 COLONIAL BLVD., SUITE ~i FORT MYERS, FLORIDA 33912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAIL: SuRVEYINGGCOONER-COM : , : : . . - , ~..''~.,.' ~ Pg. SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW NORTHEAST WATER/SEWER DISTRICT BOUNDARY E EASTERLY LINE OF ~ EXIST1NG wATER SEWER DISTRICT 1 inch = 3 MLies JEFFREY C. COONER AND ASSOCIATES, INC. SURVE'IqNG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (.941)277-0722 FAX: (94.1)277-7179 EMAIL: SURVEY~NGCc~COONER.COM (ED BY: J.NW. CLIENT: G~££LEY AND HAND, LLC SKETCH AND DESCRIPTION OF: SHEI~T ~DF 4 COLLIER COUNTY NEW NORTHEAST '.VISION: 9/..3/02 . WATER/SEWER DISTRICT BOUND~J~Y [ , .... ' LUU, SKETCH AND DESCRIPTION OF COLLIER cOUNTY NEY NORTHEAST WATER/SEWER DISTRICT BOUNDARY J 1/4 UNE--, AREA NE-1 SECTION 234 SECTION 35 -H ~/4 CORNER SECTION 34, ,,~ EXCEPTION )INT OF BEGINNING BOTH ExcEPTIONS 1/4 CORNER SECTION 3 SE CORNER SECTION 34 --~1 NE CORNER SECTION 3 TWp 47S-L 2646'~: .... T-'---'~ 48S ;-U EXCEPTION .~ N36'53'17"W 424.24' 5~6.3Y / S53'13'44"W 681.52' SECTION 3 I SECTION 2 NORTH-SOUTH 1/4 uNE--x I AREA NE-1 __ 00' ---- SECTION 11 SECTION 10 D_ETAIL 1 AREA NE-1 lO00 2000 2000 0 THIS IS NOT A SURVE~Y ~nch =2ODD rt. C.R.= COUNTY ROAD C. ER AND INC. SURVEYING AND MAPPING 8L~., ~1~ 4, FORT M~RS, ~ORIDA 33912 CLIENT: ~EELEY AND H~SEN, ~C 1'.2000' - ..... : ..... C~5R COUN~ NEW NORTHEAST wA~R/SE~R DIS~ICT BOUNDARY SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW NORTHEAST WATER/SEWER DISTRICT BOUNDARY ESTATE'. GOLDEN GATE qlT 59 UNiT 58 NORTH GOLDEN ~ NORTH GOLDEN GATE ESTATES -* GATE ESTATES CO I UiIT 36 UNIT 2 GOLDEN GATE o ~ooo =~o ESTATES ,I 'V/~(ORANGE TREE) UNIT 36 RD. 1 inch = 2000 ft, -~ -- NORTH GOLDEN GA GATE GATE ---- 200' S UNiT 23 GOLDEN GATE ESTATES UNIT 20 -CENTER LINE DETAIL 2 AREA NE-1 = SECTION LINE C.R. = COUNTY ROAD THIS IS NOT A SURVEY _---- JEFFREY C. COONER AND-ASSOCIATES, INC. SURVEYING AND MAPPING ,:3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA .35912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAIL: SURVEYINGC~COONER.COM CLIENT: ~DRAWN BY: JR~ HECKED BY: J.N.W. SKETCH AND DESCRIPTION OF: IDATE: 4/29/02=. ;CALE: 1'=2000 .... COLLIER (~O'~T'~IEW NORTHE_AS_T.. ~r'~"~'~ ~T NO 020207 REVtSION: N'~,-.OF WATER/SEWER DISTRICT BOUNDARY j, r- ~,,~.uc.~ · SKETCH AND DESCRIPTION OF COLLIER COUNTY NEF NORTHEAST FATER/SEFER DISTRICT BOUNDARY AREA NE-2 THAT PART OF SECTION 12, TOWNSHIP 48 SOUTH, RANGE 26 EAST, LYING SOUTH OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID SECTION 12, THENCE RUN NORTH 41'50' EAST A DISTANCE OF 1,235 FEET, MORE OR LESS; THENCE RUN SOUTH 79'30' EAST A DISTANCE OF 926 FEET, MORE OR LESS; THENCE RUN NORTH 76'37' EAST A DISTANCE OF 97.3 FEET, MORE OR LESS; THENCE RUN NORTH 20'00' EAST A DISTANCE OF 1,451 FEET, MORE OR LESS; THENCE RUN SOUTH 83'49' EAST A DISTANCE OF 774 FEET, MORE OR LESS; THENCE RUN SOUTH 51'00' EAST A DISTANCE OF 530 FEET, MORE OR LESS; THENCE RUN SOUTH 41'15' EAST A DISTANCE OF 7.56 FEET, MORE OR LESS; THENCE RUN NORTH .37'42' EAST A DISTANCE OF 676 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION AND THE POINT OF TERMINATION, SAID POINT BEING 1840 FEET, MORE OR LESS, NORTHERLY FROM THE SOUTHEAST CORNER OF SAID SECTION 12; AND; ALL OF SECTIONS 13, 14, 15, 24, 25, AND 56, TOWNSHIP 48 SOUTH, RANGE 26 EAST; AND; ALL OF SECTION 17, TOWNSHIP 48 SOUTH, RANGE 27 EAST; AND; AND THE FOLLOWING FRACTIONAL PARTS OF SECTION 18, TOWNSHIP 48 SOUTH, RANGE 27 EAST: THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF THE NORTHWEST 1/4 , AND, THE SOUTHWEST 1/4, AND, THE SOUTH 1/2 OF THE SOUTH 1/2 OF THE SOUTHEAST 1/4; AND; ALL OF SECTIONS 19, 20, 29, 30, .31, AND .32, TOWNSHIP 48 SOUTH, RANGE 27 EAST. ALL OF THE ABOVE DESCRIBED LANDS ARE IN COLLIER COUNTY, FLORIDA. NOTES: 1. THE BEARING AND DISTANCES SHOWN IN THIS DESCRIPTION AND THE DETAIL ON SHEET 3 OF 3 ARE BASED ON DIGITAL MAP FILES FURNISHED BY THE COLLIER COUNTY DEPARTMENT OF NATURAL RESOURCES CEOCRAPH,C ,NFORMAT, ON SYS MS ~ES N. ~LKISON (FOR THE FIRM t86773) UPON FOR BOUNDARY SURVEY PURPOSES. PROFESSIONAL SUR~YOR AND MAPPER 2. NOT VALID WITHOUT THE SIGNA~RE ~ND ORIGINAL FLORIDa_ LICENSE NO. LS 4876 RAISED SEAL OF A FLORIDA LICENSED SUR~YOR AND THIS ~'~ DAY ~ A~ 2002. MAPPER. JE EY C. COONEA AND ASSOCIAteS, INC. SUR~NG AND MAPPING 3900 COLONIAL BL~., SUI~ 4, FORT M~RS, FLORIDA 33912 PH~E: (,941)277-0722 FAX: (9~1)277-7179 EMAIL: SUR~NG~OONER.COM CLIENT: GREELEY AND ~ ~ ~ ~ECKED BY: ~.N.W. c~IER COUN~ NEW NOR~EAST ~ ~PT ~n 020207 ~E~SION: WA~R/SE~R DIS~ICT ~DARY ~ ~¢. SI~?CH AND DESCRIPTION OF COLLIER COUNTY NEW NORTHEAST WATER/SEWER DISTRICT BOUNDARY (~.~ ~rV 30~ 3) NE-1 EC-1 EC-2 EASTERLY UNE OF EX~STING WATER SEWER DISTRICT t inch = 3 Miles JEFFREY C. COONER AND ASSOCIATES, INC. SURVEYING AND MAPPING COM3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912  L:' SURVEYING~COONER. CHECKED BY: j.N.w. SCALE' 1" 3 MILES ~ "---= SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW NORTHEAST FATER/SEFER DISTRICT BOUNDARY SECTION 12 S51'00'E 530'+ POINT OF SEC~ON 12 ~POINT OF BEGINNING (SW CORNER SEC~ON 12) QETAIL AREA NE-2 THIS IS NOT A SURVEY t inch = tO00 ft. dEWEY O. OOO~ER AND ASSOOIA~S, INC. SUR~NG AND MAPPING ' IAL 8L~ SUI~ 4 FORT M~RS ~ORIDA 33912 I 3900 COLON " . - ' ..... ' .... ~NG~OONER CO~ I ~ , SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW EAST CENTRAL ICATER/SEWER DISTRICT BOUNDARY AREA EC-1 THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF SECTION 1.3, AND, THE NORTHWEST 1/4 AND THE NORTHEAST 1/4 OF SECTION 14, AND, ALL OF SECTIONS 15, 16, 20, 21, AND, THE WEST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 22, AND, THE WEST 1/2 OF THE NORTHWEST 1/4 AND THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 27, AND ALL OF SECTION 28, TOWNSHIP 49 SOUTH, RANGE 27 EAST, COLLIER' COUNTY, FLORIDA; AND; A 400-FOOT STRIP OF LAND WHOSE CENTERLINE RUNS ALONG THE FOLLOWING DESCRIBED ROUTE: BEGINNING AT THE INTERSECTION OF CENTERLINE OF WHITE BOULEVARD (A PUBLIC RIGHT-OF-WAY) WITH THE WEST LINE OF SECTION 1.3, THENCE RUN EASTERLY ALONG SAID CENTERLINE OF WI-IITE BOULEVARD TO AN INTERSECTION WITH THE CENTERLINE OF 23RD STREET S.W. (A PUBLIC RIGHT-OF-WAY); THENCE RUN SOUTHERLY ALONG SAID CENTERLtNE OF 25RD STREET S.W. TO AN INTERSECTION OF 16TH AVENUE S.W. (A PUBLIC RIGHT-OF-WAY); THENCE EASTERLY ALONG SAID CENTERLINE OF 16TH AVENUE S.W. TO THE EAST LINE OF SECTION 17 FOR A POINT OF TERMINATION, SAID LANDS LYING IN TOWNSHIP 49, RANGE 27 EAST, COLLIER COUNTY, FLORIDA; AND; A 400-FOOT STRIP OF LAND WHOSE CENTERLINE RUNS ALONG THE COMMON LINE OF SECTIONS 24 AND 25, TOWNSHIP 49 SOUTH, RANGE 26 EAST AND, THE COMMON LINE OF SECTIONS 19 AND 50, TOWNSHIP 49 SOUTH, RANGE 27 EAST, AND IS BOUNDED BY THE WEST LINES OF SAID SECTIONS 24 AND 25, AND, THE EAST LINES OF SECTIONS 19 AND 50, ALL IN COLLIER COUNTY, FLORIDA. JAMS N. WILKISON (FOR THE FIRM LB6775) NOT VALID W1THOUT THE SIGNATURE AND ORIGINAL PROFESSIONAL SURVEYOR AND MAPPER RAISED SEAL OF A FLORIDA LICENSED SURVEYOR FLORIDA LICENSE NO. LS 4876 AND MAPPER. THIS~-r~_ DAY OF :~_--'~¢:T_, 2002. JEFFREY C. COONER AND ASSOCIAI -S, INC. SURVEYING AND MAPPING ,3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA .33912 PHONE: (94~1)277-0722 FAX: (941)277-7179 EMAIL: SURVEYINGC~COONER.COM CLIENT: GREFLFY AND HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. SKETCH AND DESCRIPTION OF: DATE: 4/29/02 SCALE: NA r.~--~--~ COU_IER COUN'P,' NEW EAST CENTRAL J SHE :T N~. OF 2 WATER/SEWER DISTRICT BOUNDARY PROJECT NO. 020207 REVISION: SKETCH AND DESCRIPTION OF COLLIER COUNTY NEY[ EAST CENTRAL FATER/SEWER DISTRICT BOUNDARY NE-2 NE-1 C-1 EC-2 EASTERLY LINE OF EkeS]lNG WATER SEWER DISTRICT % I inch = 3 ,JEFFREY C. COONER AND ASSOCIATES. INC. SURVEYING AND MAPPING 5900 COLONIAL BL~., SUI~ 4, FORT M~RS, ~ORIDA 33912 PH~E: (941)277-0722 FAX: (9~1)277-7179 EMAIL: SUR~NG~OONER.COM CUENT: ~EELEY AND H~N, LLC '" SKETCH AND DESCRIP~ON OF: ' C~IER COUN~ NEW ~S~ ~N~ wA~R/SE~ DIS~ICT B~ND~Y $I TOH AND DESCRIPTION OF COLLIER COUNTY NEW EAST CENTRAL WATER/SEWER DISTRICT BOUNDARY AREA EC-2 ALL OF SECTION 24, LESS AND EXCEPT THE SOUTH 200 FEET OF SAID SECTION; AND; ALL OF SECTION 25, LESS AND EXCEPT THE NORTH 200 FEET OF SAID SECTION; ALL OF THE ABOVE LYING IN TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. PG = PAGE O.R. = OFFICIAL RECORD ......... FOR JAI(,4~S N. WILKISON ( THE FIRM LB6773) NOT VALID W1THOUT THE SIGNATURE AND ORIGINAL PROFESSIONAL SURVEYOR AND MAPPER RAISED SEAL OF A FLORIDA LICENSED SURVEYOR FLORIDA LICENSE N..~, ES 4876 AND MAPPER. THIS ~ DAY OF ~ 2002. .--.i---- JEFFREY C. COONER AND ASSOC TES, INC. SURVE'tlNG AND MAPPING OLONIAL BLVD SUITE .4 FORT MYERS FLORIDA 3.3912 ,:3900 C " ' ' Y1NG~COONER COM Y AND ~ JRF CHECKED BY: CLIENT: GREELE MAN:>r...N, LL~,-* ......... . SKETCH AND DESCRy_-"_.. ~ .... ~-~T COLLIER CouNTY NEW ~. 9/3/02 ISHI~ET ,,~.u~_z._- WATER/SEWER DISTRICT ~""~ i~,,.~, uz:u~.,-,, ....... SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW EAST CENTRAL WATER/SEWER DISTRICT BOUNDARY EC-1 EASTERLY LINE OF EXISTING WATER ~WER DISTRICT ~ t inch = 3 Miles JEFFREY C. C ;'R AND ASSOCIATES. INC. SURVE'flNG AND MAPPING ,3900 COLONIAL BLVD.. SUITE 4, FORT MYERS, FLORIDA 33912 SI TCH AND DESCRIPTION OF COLLIER COUNTY NEW SOUTHEAST WATER/SEWER DISTRICT BOUNDARY _AREA SE THE FOLLOWING DESCRIBED PART OF THE SOUTHEAST 1/4 OF SECTION 31, TOWNSHIP 50 SOUTH, RANGE 27 EAST: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 31, THENCE RUN NORTH 98'59' WEST A DISTANCE OF 2609 FEET, MORE OR LESS, ALONG THE SOUTH LINE OF SAID SECTION; THENCE NORTH .38'50' EAST A DISTANCE OF 2.320 FEET. MORE OR LESS; THENCE NORTH 57'17' EAST A DISTANCE OF 116:$ FEET, MORE OR LESS; THENCE NORTH 6.3'15' EAST A DISTANCE OF .341 FEET, MORE OR LESS, TO THE EAST LINE OF SAID SECTION .31; THENCE SOUTH O2'51' EAST A DISTANCE OF 26:$5 FEET, MORE OR LESS, TO THE POINT OF BEGINNING; AND; THE LANDS LYING IN SECTION 1. TOWNSHIP 51 SOUTH. RANGE 26 EAST, AND, IN SECTIONS 6, 7, B, 15. 16. 17, AND THE NORTHWEST 1/4 OF SECTION 22, TOWNSHIP 51 SOUTH, RANGE 27 EAST, LYING NORTHEAST OF A LINE THAT IS 1 MILE NORTHEAST, MEASURED AT PERPENDICULARS, AND PARALLEL TO THE NORTH RIGHT-OF-WAY LINE OF U.S. HIGHWAY 41 (TAMIAMI TRAIL), LESS AND EXCEPT THE FOLLOWING OUT-PARCEL IN SAID SECTION 15: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 15. THENCE RUN WESTERLY A DISTANCE OF 1,O90 FEET. MORE OR LESS, ALONG THE SOUTH LINE OF SAID SECTION; THENCE RUN NORTH 01'47' EAST A DISTANCE OF 4,140 FEET, MORE OR LESS', THENCE RUN NORTH 89'20' EAST A DISTANCE OF 920 FEET. MORE OR LESS TO THE EAST LINE OF SAID SECTION; THENCE RUN SOUTH 00'.3.3' EAST A DISTANCE OF 4,1.38 FEET. MORE OR LESS, ALONG SAID LINE TO THE POINT OF BEGINNING. AND, SECTION :$, TOWNSHIP 51 SOUTH. RANGE 27 EAST, LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 3, THENCE RUN SOUTH 89':$2' EAST A DISTANCE OF 2,141 FEET, MORE OR LESS, ALONG THE NORTH LINE OF SAID SECTION TO THE POINT OF BEGINNING; THENCE RUN SOUTH 14'43' WEST A DISTANCE OF 736 FEET, MORE OR LESS; THENCE RUN SOUTH 04'44' WEST A DISTANCE OF 1,556 FEET, MORE OR LESS; THENCE RUN SOUTH 2:$'40' EAST A DISTANCE OF 1,641 FEET, MORE OR LESS; THENCE RUN SOUTH 05'40' WEST A DISTANCE OF 529 FEET, MORE OR LESS; THENCE RUN SOUTH 44'52' WEST A DISTANCE OF 1,96:$ FEET, MORE OR LESS, TO THE SOUTH LINE OF SAID SECTION AND THE POINT OF TERMINATION, SAID POINT BEING 1340 FEET, MORE OR LESS, EASTERLY FROM THE SOUTHWEST CORNER OF SAID SECTION, AND, ALL OF SECTION 4, 5, 9, 10, AND, THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 51 SOUTH, RANGE 27 EAST. ALL THE ABOVE LYING IN COLLIER SOUNTY, FLORIDA. NOT~S; 1. THE BEARINg AND DISTANCES SHOWN IN THIS DESCRIPTION AND THE DETAIL ON SHEET .3 OF 4 AND 4 OF 4- ARE BASED ON DIGITAL MAP FILES FURNISHED BY THE COLLIER COUNTY DEPARTMENT OF NATURAL _ _~.~_____j_j._Z~_/z RESOURCES GEOGRAPHIC INFORMATION SYSTEMS (alS) __ ~: SECTION. THIS INFORMATION IS APPROXIMATE AND SHOULD JA.M~_~J N. W1LKISON (FOR THE FIRM LB677.3) NOT BE RELIED UPON FOR BOUNDARY SURVEY PURPOSES. PROFESSIONAL SURVEYOR AND MAPPER 2. NOT VALID WITHOUT THE SIGNATURE AND ORIGINAL FLORIDA.LICENSE NO./LS ~4B76 THIS ~/__J~'NOAY OF .~__~_.~/2002. RAISED SEAL OF A FLORIDA LICENSED SURVEYOR AND MAPPER. JEFFREY C. COONER AND ASSOCIAI -S, INC. SURVEYING AND MAPPING .3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA '.3:$912 PHONE: (941)277-0722 FAX: (941)277-7179 EMAIL: SURVEY1NGc~COONER'cOM CLIENT: c~m FY AND HANSEN, LLC DRAWN BY: J~F CHECKED BY: J.N.W. ,,,, SKETCH AND DESCRIPTION OF: DATE: 4/29/02 ;SCALE: NA ' ~ COLLIER COUNTY NEW SOUTHEAST REVISION: 9/3/02 J SHI~T "'i-OF 5 WATER/SEWER DISTRICT BOUNDARY PROJECT NO. 020207 ~ ~ I~P ~ SEP 2002 SIXTH AND D~SCRIP~IO~ OF COLLIER COUNTY NEW SOUTHEAST WATER/SEP[ER DISTRICT BOUNDARY NE-2 NE-1 EC-1 EC-2 EXISTING WATER SEWER DISTRICT (SEE SHF..ET 3 ~ 5) (S~t ~EET · ~ 5) i inch = ~ dEWEY C. AND INC. L BL~ ~1~ 3900 COL~IA ', . SKF. TCH AND DESCRIPTION OF COLLIER COUNTY NEF SOUTHEAST ~[ATER/SEWER DISTRICT BOUNDARY SECTION 25 SECTION ,30SECTION 29 ,., I z z J I SECTION 36 SECT1ON 31 , SECTION 32 ~, Y-,, POINT OF /5' SE CORNER TOWNSHIP 50 SOUTH 2609'± TOWNSHIP 51 SOUTH NBS'59'W sECTION 1 SECTION 5 SECTION 6 I AREA SE ' DETAIL 1 AREA SE THIS IS NOT A SURVEY i inch = 1000 fL. JEFFREY C. COONER AND ASSOClAIES, INC. SURVEYING AND MAPPING 3900 COLONIAL BLVO., SUITE 4, FORT MYI"-RS, FLORIDA 33912 PHONE: (94-1)277-0722 FAX: (94-1)277-7179 EMAIL: SURVE'rlNGC~OONER.COM CLIENT: GRFFI FY AND NANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. COLLIER COUNT'I' NEW SOUTHEAST WATER/SEWER DISTRICT BOUNDARY PROJECT NO. 020207 REVISION: 9/3/O2 SHEET "~'b'F 5 SKETCH AND DESCRIPTION OF COLLIER COUNTY NEW SOUTHEAST WATER/SEWER DISTRICT BOUNDARY /--POINT OF SECTION 34 SECTION ,:.%3 /BEGINNING TWP 505 POINT OF -'~ ~o COMMENCEMENT '~ ~ (NW CORNER SECTION 5) CO I SECTION 4 ' SECTION 5 AREA SE , I 1340'± SW CORNER/ POINT OF SECTION 10 SECTION 3-'-' TERMINATION~ DETAIL 2 AREA SE THIS IS NOT A SURVEY 1000 500 1 OO0 ! inch = tO00 JEFFREY C. COONER AND ASSOClAIES, INC. SURVEYING AND MAPPING ,5900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (94.1)277-0722 FAX: (94-1)277-7179 EMAIL: SURVEYING~COONER,COM CLIENT: 6REELE¥ ANO HANSEN, LLC DRAWN BY: JRF CHECKED BY: J.N.W. f_ ~ _ SKETCH AND DESCRIPTION OF: DATE: 4/29/02 SCALE: 1'=1000' I - COLLIER COUNTY NEW SOUTHEAST WATER/SEWER DISTRICT BOUNDARY PROJECT NO. 020207 REVISION: 9/5/02 SHEET 4 OF 5  ?, ~ 2002 SKETCH AND DESCRIPTION OF COLLIER COUNTY NEF SOUTHEAST WATER/SEWER DISTRICT BOUNDARY SECTION 10 j SECTION 11 I N89'20'E 920'± AREA SE i ' ~3 SECTION 14 SECTION 15 '~"~ "") ;...~ I /- POINT OF I / BEGINNING /(SE CORNER SECTION 22 SECTION 23 DETAIL 3 AREA SE IS NOT A SURVEY ~,~ THIS I inch = 1000 It.. JEFFREY C. COONER AND ASSOCIA1ES, INC. SURVE'flNG AND MAPPING 3900 COLONIAL BLVD., SUITE 4, FORT MYERS, FLORIDA 33912 PHONE: (94.1)277-0722 FAX: (94.1)277-7179 EMAIL: SURVEYING~OONER.COM CUENT: (;~r-~-~ r¥ AND HANSEN, LLC DRAWN BY: ~F CHECKED BY: J.N.W. SKETCH AND DESCRIPTION OF: DATE: 4/29/02 SCALE: 1'=1000' ~ ~£~-' CO4J. JER COUNTY NEW SOUllJEAST -- J WA~ER/$[WER DISTRICT BOUNDARY PROJECT NO. O2O2O7 REVISION: 9/3/02. SHEEt . S~ll~ ~, z002 A'FTACHMIL~'~ .~'.~' oRANGE TB.EE UTIL1TY COMPANY WATER As To Unit I: ) ) All of the NORTH GOLDEN GATE, UNIT I, a Subdivision of portion of Sections'22, 23, 26, and 27, Township 45 South, Range 27 F.~st, lying and being in Collier County, Florida, and being more p~-6cularly described in the recorded Plat thereof in Plat Book 9 at Pages 12 to 28, inclusive, and according to the Public Records Gl Collier Cqunty, Florida, less and except St~e Road S-846, Collier County, Florida. All of NOI~TH GOLDEN G ~TE, UNIT 2, a Subdivision 6f po:.sions of Section 1 t and Section 14, Township 4g Soutl~. Range 27 East, Collier County, Florida, being mote '. particularly described in the recorded Plat thereof recorded in Plat Book 9 at Pages 29 . through 43, inclusive, according to the Public Records of Colli,:r County, Florida, less State Road S-846, Collier County, Florida. sb_g~U nit~3.: All of NORTH GOLDEN GATE, UNIT 3, a Subdivision of p¢.rtions of Sections 23, 24, 25, and 26, Township 4S Se'arb, Range 27 East, according to the recorded Plat thereof, recorded in Plat Boor 9 at p-_Res 125 through 142, inclusive, a,;cording to the Public Florida, less portions formerly conveyed by Warranty Deed Records of Collier Count', as recorded in Official Recor~.i Boo~ 623 at Page 80, more pataicultu-ly described Tract "A" in Block 546 and Tr'.¢: "B" in Block 547 or'NORTH GOLDEN GATE, UNIT 3. according to the Plat the-'ee-'-' recorded in Plat Book 9 at Pages 125 through 142, inclusive of the Public Re~ords of Cci!irt County, Florida; A ~.6~Unit3-4: All of NOI~Ttt GOLDEN GATE, UNIT 4, a Subdivision of portions of Sections 24 and . East. and portions of Sections 19 and 30, Township 48 25, Township 48 5outh, Rmq~e 2'/ South, Range 2g E~t, Collie: County, Florida, being more parlicularly described itt the recorded plat thereof recorded in plat Book 9 at Pag~ 52 throitgh 6a, iuclusive, according to the Public Rex. orals of C0!iier County, Florida. AT'I'^CHMENT ORANGE TREE UTILITY COMPANY ~ WASTEWATER ~I~RVEO All of the NORTH GOLDEN' GATE, UNIT 1, a Subdivision of portion of Sections 22, 23, 26, and 27, Township 45 South, Range 27 East, lying and be;rig in Collier County, Florida, and being more particularly described in the recorded Plat thereof-in Plat Book at Pages '].2 to 28, inclusive: -_nd according to the Public Records of Collier County, Florida, less and except Stax¢ Road S-846, Collier County, Florida. As to Unit .23 All of NORTH GOLDEN GATE, UN'IT 2, a Subdivision 6fpoaions of Section 11 and Section 14, Township 48 South, Range, 27 East, Collier County, .Florida, being more particularly described ia ~he recorded Plat thereof recorded in Pl~t Book 9 ,t Pages 29 through 43. inclusive, according to the Public Records of Collier County, Florida, less State Road S-846, Collier County, Florida. As to Unit 3: All of NORTH GOLDEN GATE, UNqT 3, a Subdivision of portions of Sections 23, 24, 25, and 26, Township -48 Seuth, Range 27 East, according to thc recorded Plat thereof, recorded'in Plat Book 9 z~ P2ges 125 through 142, inclusive, according to the Public Records of Collier Counw. Florida, less portions formerly conv,.'yed by Warranty Deed recorded in Official Reco'rds Book'623 at Page 80, more particularly described as Tract "A" in Block 546 and Irac:. "B' in Block 547 of NORTH GOLDEN GATE, UNIT 3, according to the Plat theree:' recorded in Plat Book 9 at Pages 125 through t42, inclusive of the Public Records of C&tier County, Florida. /M; to Unit 4: All of NORTH GOLDEN GATE, UNIT 4, a Subdivision of po~aions of Sections 24 and 25, Township 48 South. R',__nge 27 East, and portions of Sectior/s 19 and 30, Township 48 South, Range 98 Eas~, CoF. ier County, Florida, being more particularly described in the m-corded Plat thcreof reco?de,i in Plat Book 9 at Page 52 throueh 64 inclusive, according to thc P~blic Records of Collier County, Florida. , SEP 2 2002 All of NORTH GOLDEN GATE, UNIT 5, a Subdivision of portions of Secuons I J, 12, 13. and 14, Township 48 South, Range 27 East and potions of Sections 7 and 1 Tox~hip ~8 Sou~ Range 28 E~t, ~llier County, Flofid~ being more panicblarly described in the r~ded Pla~ thereof recorded in Plat Book 9 inclusive, according m the Public Records of Collier County, Florida_ A1 to Unit 6: All of NORTH OOLDEN GATE, ~IT 6, a Subdivision of potions of Section 1~ ~nd 1~, Township ~8 South, Range 27 East, Collier County, Florida, being more p~icularly described in fl~e recorded Plat thereof in Plat Book 9 at pag<s 7a through 84, inclusive, according to thc Public Records of Collier County, Flotida. tis to U~t 2: All of N°RTH GOLDEN GATE. ~IT 7, a Subdivision of portions of Sections 13. Township 48 Sou~. Range 27 E~t, and apo~ion of Secti6n 18, TownsMp 48 South, ~nge 28 East, Collier Count', Florida, being more particularly ~escfibed in the r~corded Plat thereof in Plat Book 9 at Pages 85 t~ough 97, inclusive, according to xhe Pubfic Records of Collier Counq', Florida. Legal Dc~iptlou . Section 20, 'l'o,0~hip 4g $outlx. R~nge 27 ~ les~ n~d except the Soufl~,100 feet ~nd less ~nd except the Northwest ~A, Collier county. Florida. AlqD Sectlou 17. 'fown.sh~p 4~ South, Range 27 ~ Collier County. l:lorld.% AND Laxtd~ lying i~ Sccxion 29. 'l'ow~shlp 45 South. l~ange 27 ~ Collier Co~ty. l:lorlda, describexl ms: 'I~¢ West 1/2 o£'d~e West ~ less 0ae North 100 feet for toad fight-of-way pu~o~e.~ and I~s the West 30 feet ',.hereof. for road fight-of-way purposes, AND The Southeast ¼ of the ~Ior~we~-t ¼ less the EaSt 30 feet fo~ road right-o[=way purposes. A.,ND The Northe~-t ¼ of thc Southwest '4, l~.'~s thc E~t 30 feet for road dght-<)f-way purpose~. The West V, of the Southeast ¼ of the SouthWest %, AIqD Lan& lying in Seclion 30, 'l'ova~hJp 48 South, ~nge 23' E~st, Collier County, Florida, described The Nm'thea~t ¼ of the No~a.~'x % of the Southeast ¼, AND The 'Norfl~ ½ office Soud~eaxt' % of thc Southc~t ¼ A~D The Southea-~ ¼ of Ibc Southwest ¼ of the Southea~ ¼ AND Thc North ¼ of the South ~ of the Soul.btm~ ~ o£Ih¢ South~a.~t ¼ AND, The South ½ of the South ½ of the Southeast % oft.he Southeast ½ AND. · The $outhea~ ¼ of the blo~e~.~t ¼ 6fthe $outhe~ ¼ AND, L~nds lying i~ Sectio~ 3 I, Township 4g South, R~nge 27 East, Collier Co~ty, Florida. dem¢fibed The Northwest ~ of-d,e Not-',.hea~t ¼ o£the Northe~t ¼ AND *t-he l~oflheast 'A of the Blorthe~ ¼ 0fthc N0rd~casl ¼ AND Th~ $ou~h~t ~ ofda¢ lqor~h~ast '/, of th~ lqo~st ¼ AlqD 'l'~c Btot~hwcst ¼ of thc Southeast ~A of thc NOtttw-a~ ¼ AND Thc South ½ of thc $outhcast¼ of thc Blorthtast % Al,rD TwinEagle~ Legal DeicripOon Page 2 Thc Southeast % ofthcNottheast ~ ofth¢lqor0t~.st ¼ AND . lla. 1,lor~heast ~ orr tho Somhe. ast¼ oflh¢ Northeast % AND Lands lying in Secdoo 32. Township 48 South, Range 2'/EasL Collier Co.mt-y, l:lorida, dcscribe, d as: Tho Wc~t ~ of th* Southw~t B oflhcNorihwest % of thc Norchw~t ¼ .~,ND, The East ~ ortho Southv.~st ~ of the Northwest ¼ ortho Northwest The West ½ of the Southeast '/, of th* Nor[hwc'st ¼ of the Northwest The Northwest ¢ of thc Southw~t ¼ of thc Northwe*t ¼ AND, The We~t ~ of the Northeast ¼ of thc $outhwc~t ~/, of thc Northwe~ ¼ AND. The East ~ of Ibc Norlh~asi ¼ o£thc Southwest Y~ of thc Noahw¢~ ¼ AND. The Southwest ¼ of thc Southwest ¼ o£hh¢ North~-t % Al/D. Thc Wes'~ % of ~hc Soulli~:a-~ ~ of thc $outhw~t ¼ofthc Noahw~t ~/. AIqD. The Eas'~ ~ offl~c Southeast % o£d~e Southwest ¼ of thc Horlhw~st ~ AIqD, The We~l ~ oft.he Southwcst ¼ of Ibc $outh~t ¼ o£thc Northwest ¼ AND, TI~ 'Fast ½ offl~c Southwest V, of tho Soufl~cast V. o£thc Northwcst '/, Al'ID. *Ibc Wg~t ½ offl~c Soud~wcs't ~ McAnly Englncering and Desigrt, Inc. . 5101 ]Ea~ 'la,miami Trail. Suito 202' lqapl~, Plorida 34113 " SEP 2 a 2a 32 ! ~. ,,7 ? COLLIER COUbFI'Y WATER AIqD WASTEV~'ATE..R A~O~TY SER~CE A~A OF o~GE ~E UTIL~S, 1NC, p~.OVml~o A DESC~P~O~ OF THE ~A ADDITIOn, PROLOG }'OR DATE- i5 ~e hold~ of G~dfaH~er Wat~ C~ifi~atc No. 02W ~t~d on Octob~ 15, 1996 by the of Collier Co~ for ~ con~nu~ provision of wa~r se~ice to ~:~iu po~o~ of ~co~o~t~d ~ of Colli~ Count; ~d W~E~AS, p~su~t to Section 1-2 i, Ore--ce No. 9d-d, ~ ~ended, UT~IT~ has m~c ~pli~atiou to the Colti~ ~ Wat~ ~d ~t~wat~ Au~oriiy (A~HO~T~ rcqu~slin~ approval of a teaitorial e~siou of i~ water sz~ic~ ~d W~AS, p~suant to Section 3.2, Suppl~ental Rul~; of~e U~ h~ r~u~ted ~t ~e application fee of $2,500 be ~}'t~; W~, s~d rectorial expansion of~c water sunice ~ea includes the l~ds more p~cularly described at A~c~ent "A"; ~d ~v~d~c~ ~d t~timony reg~g ~ app~c{tion fur exp~ion ~f wat~ se~ a~ ~d ~e r~u~st for ~iwr of~e ~pli~fon fee; ~d ~p~ca~on ~d request for ~iv~, ~d ~at approval of~e app~tio~ and r~t for w~v~r are in ~e ~tor~i of the public he~th, s~, ~ ~tewat~ Au~ofi~ of ~lli~ Count, Florida, ~ public m~g.ng b~ of ~ above d~fib~ e~den~c ~d t~t~ouy ~ddu~ ami ha~ng ~pli~at}on ~d ~u~t for w~ver, 1- Thc water s~c~ te~tu~ of~l~ is h~y ~'md~ to ~cludo for wa~r se~ice more p~icul~y d~b~ a~ Aitac~nt "A", hereto ~d h~e~ ~co~orat~. SEP 2 4 2002 ATTACHM:ENT ",~' .. LEGAL DESCRIPTION: Authority: Collier County Water & Wazt~'ater Authority Fina~ Order No. 99-02, dated January 25, 1999. Territorial Expansion of Orange Tree Utilities Company, Inc. Water Service Axes include the following: THE WEST 150 FEET OF TRACT 26, GOLDEN GAT~. ESTATES, UNIT NO. 36, according to plat thereof, as recorded in Plat Book 7, Pages 86 & 87, Public Records of Collier County Florida, consisting of approximately 2 'A acres, more or less. Source: Plat of Survey Certified Corcect to: Eileen M. Bleem, ~ated 02/25/98. EXECUTIVE SUMMARY CUE-2002-AR-2088, THOMAS HAWKINS REQUESTING A ONE-YEAR EXTENSION OF AN APPROVED CONDITIONAL USE FOR AN ASSISTED LIVING FACILITY LOCATED AT 2101 COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF APPROXIMATELY 9.63 ACRES. OBJECTIVE: That the community's interest 'is maintained in a petition for a Conditional Use Extension for an assisted living facility (ALF). CONSIDERATIONS: The Petitioner requests an extension of a Conditional Use for an assisted living facility (ALF). Section 2.7.4.5.1 states that any Conditional Use shall expire three years from the date of grant, if by that date the use for which the conditional use was granted has not been commenced. The subject Conditional Use was approved on March 9, 1999. The petitioner applied for the extension before expiration of the Conditional Use, however staff review delayed the BZA hearing. Section 2.7.4.5.3 states that the Board of Zoning Appeals may grant a maximum of one one-year extension of an approved Conditional Use upon written request of the petitioner. If extended, the Conditional Use will expire on March 9, 2003. FISCAL IMPACT: There will be no fiscal impact beyond those detailed in the attached original staff report. GROWTH MANAGEMENT IMPACT: The subject property is designated Mixed-Use Urban Residential on the Future Land Use Map of the Growth Management Plan's Future Land Use Element. The original analysis AGENDA ITEM SEP 2 q 2002 in the attached staff report found the petition consistent with the Growth Management Plan. Changes to the GMP since that time have not affected that analysis. HISTORIC/ARCHAEOLOGICAL IMPACT: StaWs analysis indicates that the petitioner's property is not located within an Area of Historical and Archaeological Probability as referenced on the official Collier County Probability Map. Therefore, a survey or Waiver of Historic and Archaeological Survey & Assessment is not required. EAC RECOMMENDATION: Conditional Use Extensions are not heard by the Environmental Advisory Council. PLANNING COMMISSION RECOMMENDATION: Conditional Use Extensions are not heard by' the Planning Commission. PLANNING SERVICES STAFF RECOMMENDATION: Because the use is consistent with the applicable provisions of the Growth Management Plan and the Land Development Code, staff recommends that the Board of Zoning Appeals approve petition CUE-2002-AR-2088, extending the expiration date until March 9, 2003, subject to the conditions in the resolution. SEP 2 ~ 2002 2 PREPARED BY: ~ , ~/-~ FR'ED~EISCHL, AICP DATE PRINCIPAL PLANNER REVIEWED BY: / / DA'TE /,SUSAN MURRAY, AICP MARGARt~ , DATE PLANNIN(Y'SERVICES DIRECTOR APPROVED BY: (/:OD~ & ENVIRONMENTAL S execunx e summary/CU E-2002-AR-2088 .,._. A~A ~TEM Thomas Hawkins PO BOX 11957 Naples FI. 34101 (941) 370*0095 February 6, 2002 Thomas Hawkins CU E-2002-AR-2088 Proj. # 2002020014 Date: 02107102 Reference: Cu-98-9 Resolution No: 99-167 Susan Murray Chief Planner Planning Services Dept. Dear Susan Murray, Economic effects have delayed the commencement of my project. I am requesting an extention of the conditional use, Thank you. Sincerely, / ~/- Thomas Hawkins EXECUTIVE SUMMARY PETITION NO. CU-98-9 BLAIR FOLEY, P.E. OF COASTAL ENGINEERING CONSULTANTS, INC., REPRESENTING THOMAS HAWKINS, REQUESTING CONDITIONAL USE "5" OF THE "E" ESTATES ZONING DISTRICT FOR A SENIOR INDEPENDENT ASSISTED CARE LIVING FACILITY PER SUBSECTION 2.2.3.3. OF THE LAND DEVELOPMENT CODE FOR PROPERTY LOCATED AT 2101 COUNTY BARN ROAD, IN SECTION 8, TOWNSHIP 52 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONSISTING OF 9.63 +/- ACRES. OBJECTIVE: The petitioner is seeking Conditional Use "5" of the "E" Estates zoning district in order to allow for an Assisted Living Facility (ALF). CONSIDERATIONS: The 9.63 acre site is proposed to be developed with a maximum of a 155,000 square foot (floor area) Assisted Living Facility (ALF). The proposed ALF will consist of 157 total units, 70-75 percent will be assisted living units, 20-25 percent independent living units, and 0-10 percent skilled nursing units. The facility will provide housing, food service and personal services including a daily meal plan and community activities. The conceptual site plan indicates that the proposed structure will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as required in Section 2.6.26.1. of the Land Development Code. Furthermore, the proposed ALF constitutes a FAR of .37 which is eighteen (18) percent less that the maximum allowable FAR of .45. Access to the site will be provided via an existing driveway entrance located off of County Barn Road. The entrance roadway follows the southern boundary of the site, leading to parking areas and pick-up/drop-off areas in front of the building. The site plan indicates that the proposed structure is located on the eastern V2 of the site, approximately 690 feet east of County Barn Road. There is an existing single family structure on the western half of the site that is proposed to remain on site. PROS: Access to the site will be provided from an existing driveway entrance located off of County Barn Road. The site is heavily vegetated and surrounded with properties which range in size from five (5) to twenty (20) acres and are developed for single family residential land uses. CONS: None. FISCAL IMPACT: At buildout, a residential or commercial project will generate the following amount of impact fees: SEP 2 q Pi[- Current Estates Zoning District Proposed ALF 9.63 acres / 1 sfdu ~ 2.25 acres = 4 sf 9.63 acres developed with 155,000 sq ft du ALF 4 du x $578.00 (parks) = $2,312.00 157 du x $455.00 (road) = $71,435.00 4 du x $180.52 (library) = $722.08 157 du x $578.00 (parks) = $90,746.00 4 du x .15 x lO00 sq fl (fire) = $360.00 157 du x $180.52 (library) = $28,341.64 4 du x $1,778 (schools) = $7,112.00 157 du x .15 x lO00 sq ft (fire) = $23,550.00 4 du x $1,379 (roads) = $5,516.00 157 du x $1,778 (schools) = $279,146.00 4 du x .005 x 1,000 (radon) = $20.00 155,000/1000 x $128.00 (EMS) = $19,840.00 4 du x .005 x 1,000 (bldg code) = $20.00 157 du x .005 x 1,000 (radon) = $785.00 4 du x $1.50 (microfilm) = $6.00 157 du x .005 x 1,000 (bldg code) = $785.00 4 du x 14.00 (EMS) = $56.00 157 du x $1.50 (microfilm) = $235.50 Total 4 s.f. du generate = $16,124.08 Total 155,000 sq ft ALF = $514,864.14 Development of the site for an ALF use, should the conditional use be approved and developed with 155,000 square feet of floor area and 157 dwelling units, will generate approximately $498,740.06 more in impact fees than if the site was developed for single family residential use as presently zoned. Because impact fees vary by housing type and type of development, and because this appraisal does not provide this level of specificity as to the actual type of use, the total impact fees quoted are at best raw estimates. Additionally, it should be recognized that there is no guarantee that the project and buildout will have maximized their authorized level of development. In addition to the impact fees described there are building permit review fees and utility fees associated with connecting to the County's sewer and water system. Building permit fees have traditionally offset the cost of administering the Community Development review costs, whereas utility fees are based on their proportionate share of impact to the County system. Impact fees are currently under review to determine if adjustments are required to more accurately reflect the impact of a particular development on County provided services. Also, additional revenue is generated by application of the ad valorem tax rate. The revenue that will be generated by the ad valorem tax depends on the value of the improvements. Presently, staffhas not developed a method to arrive at a reasonable estimate of tax revenues based on the ad valorem tax rate. A fiscal impact analysis is incomplete without an estimate of costs that will be generated by a particular land use development project. Presently, staifhas not developed a model by which to estimate the costs cfa particular land use development project. Such a model, in staff',, !op~~l~' be misleading because there is no certain way, particularly with respect to housing proj ~cts,fli8 determine their value and likelihood that not all of the authorized development will oc~ ur. " SEP 2 2002 GROWTH MANAGEMENT IMPACT: Future Land Use Element: The property lies within the Mixed-Use Urban Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Mixed Use Urban Residential land uses are intended to be mixed-use in character. This land use classification provides for commercial and residential t,r,-,q aL. land uses, essential services, and institutional type of land uses. The Land Developm{nt Caianae~ establishes a procedure which may result in approving a development order for an AI~F in Estates zoned districts. The intensity of the ALF is limited to a maximum floor area ratio (F/~R) the areas of the property as required in Section 2.6.26.2.1 .of the Land Development Code. Since the proposed 155,000 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the Growth Management Plan (GMP). To that extent this petition is consistent with the FLUE. Traffic Circulation Element: The ITE Trip Generation Manual indicates that the ALF facility will generate approximately 427 trips on a weekday at build-out. Based on this data, the site-generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on County Barn Road. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of County Barn Road as a 2-lane road. The traffic count is 10,658 and is operating at LOS "C". It should be noted that this segment is not projected to be deficient within the next 5 years. Staff has reviewed the layout of the site plan fi.om a planning and traffic safety standpoint and finds the following: The existing access point on County Barn Road provides clear sight distance, therefore, the access point should continue to operate adequately subject to any required engineering improvements. It is staff's opinion that the on-site traffic Circulation has been designed in a manner that reduces possible vehicular and pedesthan conflicts. Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. PLANNING COMMISSION RECOMMENDATION: At the February 18, 1999 Planning Commission meeting, a motion was made and unanimously approved to forward a recommendation of approval to the Board of County Commissioners for the requested conditional use, subject to the following stipulations: 1. The Planning Services Department Director may approve minor changes in the location of the use within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall 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 and approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. SEP 2 q 2002 31 An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 5. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator 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. 6. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, in accordance with the procedures set forth in Subsection 2.7.4.5.4. of the Land Development Code for the future widening of County Barn Road. '7. Under the existing County Barn Road two-lane condition, the project may have full turning movements at the access drive. Under future four or six-lane conditions, the access may be constrained to a right-in/right-out onto County Barn Road. Nothing in any development permit shall operate to vest any right or interest in a median opening in County Barn Road, either full or partial, for this project. The County shall not be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. 8. The existing natural, native vegetative buffer along the north, south, and east property lines of the site, shall be retained as it currently exists, to no less than a minimum width of the fifteen (15) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project 9. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County .Commissioners. 10. The developer s~.all install a minimum six (6) foot high fence along the southern property boundary of the subject site, prior to obtaining a certificate of occupancy. ,SEP 2 q 2002 PREPARED BY: //SUSAN MURRAY, AICP -~ DATE CHIEF PLANNER ~/~EWEI~ BY: ~ONALD F. N]N~, AICP, MANAGER DATE CURRENT PLANNING SECTION ROBERT J. MULHERE, AJCP, DIRECTOR DATE PLANNING SERVICES DEPARTMENT APPROVED BY: VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENV. SVCS. DIVISION Petition Number: CU-98-9, Hawkins ALF NOTE: This Petition has been tentatively scheduled for the March 9, 1999 BCC meeting. SEP 2 ~ 2002 ~'., AGENDA ITEM 7-F MEMORA2~DUM TO: COLLIER COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION DATE: JANUARY 29, 1999 RE: PETITION NO: CU-98-9, ASSISTED LIVING FACILITY (ALF) AGENT/OWNER: Agent: Blair Foley, P.E. Coastal Engineering Consultants 3106 S. Horseshoe Drive Naples, FL 34104 Owner: Thomas Hawkins 2101 County Barn Road Naples, FL 34112 GEOGRAPHIC LOCATION: The subject site is located on the east side of County Barn Road, south of its intersection with Davis Boulevard, in Section 8, Township 50 South, Range 26 East, Collier County Florida. REQUESTED ACTION: The petitioner is seeking Conditional Use "5" of the "E" Estates zoning district in order to allow for an Assisted Living Facility (ALF). PURPOSE/DESCRIPTION OF PROJECT: The 9.63 acre site is proposed to be developed with a maximum ora 155,000 square foot (floor area) Assisted Living Facility (ALF). The proposed ALF will consist of 157 total units, 70-75 percent will be assisted living units, 20-25 percent independent living units, and 0-10 percent skilled nursing units. The facility will provide housing, food service and personal services including a daily meal plan and community activities. The conceptual site plan indicates that the proposed structure will not exceed the maximum allowed Floor Area Ratio (FAR) of 0.45 as required in Section 2.6.26.1. of the Land Development Code. Furthermore, the proposed ALF constitutes a FAR of .37 which is eighteen (18) percent less that the maximum allowable FAR of .45. Access to the site will be provided via an existing driveway entrance located offof County Barn Road. The entrance roadway follows the southern boundary of the site, leading to parking areas and pick-up/drop-off areas in fr. mt of the building. The site plan indicates that the proposed structure is located on the eastern ¼ o£ ~I,4~~" approximately 690 feet east of County Barn Road. There is an existing single family s 'uctt~ ,_-_,_ d,_~! it-./ western half of the site that is proposed to remain on site. SEP 2 t~ 2002 l : n. /o ! SURROUNDING LAND USE AND ZONING: Existing conditions: The subject site is currently developed with two existing residential structures and several out-buildings. The site is zoned "E" Estates which permits ALF's as a Conditional Use. ZONING LAND USE Surrounding: North- E Vacant South- E Single Family Residence East- E Unity Church West E Vacant GROWTH MANAGEMENT PLAN CONSISTENCY: This petition has been reviewed by the appropriate staff for compliance with the applicable elements of the Growth Management Plan (GIMP) as noted below: Future Land Use Element: The property lies within the Mixed-Use Urban Residential designated area on the Future Land Use Map to the Future Land Use Element (FLUE). Mixed Use Urban Residential land uses are intended to be mixed-use in character. This land use classification provides for commercial and residential types of land uses, essential services, and institutional type of land uses. The Land Development Code establishes a procedure which may result in approving a development order for an ALF in Estates zoned districts. The intensity of the ALF is limited to a maximum floor area ratio (FAR) of .45 times the areas of the property as required in Section 2.6.26.2.1.of the Land Development Code. Since the proposed 155,000 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the Growth Management Plan (GMP). To that extent this petition is consistent with the FLUE. Other consistency relationships are ~,s follows: Traffic Circulation Element: The ITE Trip Generation Manual indicate'~ that the ALF facility will generate approximately 427 trips on a weekday at build-out. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on County Barn Road. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists this segment of County Barn Road as a 2-lane road. The traffic count is 10,658 and is operating at LOS "C". It should be noted that this segment is not projected to be deficient within the next 5 years. Staffhas reviewed the layout of the site plan from a planning and traffic safety standpoint and finds the following: The existing access point on County Barn Road provides clear sight distance, therefore, the access point should continue to operate adequtely subject to any required engineering im[ is staff's opinion that the on-site traffic Circulation has been designed in a manner 0'o* 2 SEP 2 q 2002 vehicular and pedestrian conflicts.proposed (P,.DI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). Other Applicable Element: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities are required, these will be mandated at the time of approval of the required site development plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioner's property is located outside an area of Historical and Archaeological Probability as designated on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site cleating, 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 as submitted. The Community Development Services environmental staff stipulated that an appropriate portion of native vegetation shall be required to be retained on-site. CRITERIA EVALUATION: The Current Planning staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination must be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land use change, be they positive or negative, culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staffreviev of each of the criterion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAL USE: a. Consistency with the Land Development Code and Growth Management lag. ~,,ra~ / Pro: The subject site is designated Urban Mixed Use in the FLUE of the GMt Ttfi SEP 2 2002 3 district permits non-residential land uses, essential servies and community related uses such as an assisted living facility (ALF). Since the proposed ALF is also a conditional use in the "E" zoning district, this petition is consistent with the GIMP. The proposed structure does not exceed the maximum floor area ration (FAR) of .45. The petitioner proposes approximately 70- 75 percent of the units will be assisted living, with the remaining 25-30 percent in skilled nursing and independent living units. Con: Not applicable in view of the consistency evaluation with the GMP and LDC. Summary Conclusion: This petition is consistent with the FLUE to the GMP. The proposed use is authorized in the Urban Mixed Use designated areas and is permitted in the Estates zoning district as a conditional use. The intensity of the use is limited to a maximum floor area ration (FAR) of.45 times the area of the property as required in Section 2.6.26.2.1. of the Land Development Code. Since the proposed 155,000 square foot building does not exceed a FAR of 0.45, this petition is consistent with the FLUE to the GMP. 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 and/or catastrophe. Pro: Access to the site will be provided from an existing driveway entrance located off of County Barn Road. County Barn Road currently functions as a 2-lane collector roadway. Con: None. Summary Conclusion: Thc major point of ingress and egress to the site is already established and functioning due to the existence of the residential structures on site. The petitioner will be required to dedicate approximately forty (40) feet of property for the furore widening of County Barn Road. Further review of the need for mm lanes, driveway location and other transportation-related isssues will be addressed at the site development plan stage. c. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: The proposed site is ten (10) acres in area, and is heavily wooded. It is surrounded by similarly zoned properties, which are either vacant, developed for single family residential on a minimum of 2.25 acres, or developed with a Church. The proposed ALF use is residential in nature similar to those uses permitted by fight in the Estates zoning classification. Con: None. Summary Conclusion: The layout of the site, the configuration of the buildings within the development, the existing native landscape buffer, and the residential nature of the use will heln to lessen somewhat, any noise affects associated with the subject use. -"-- d. Compatibility with adjacent properties and other property in the district. ~ ./~ ~ Pro: An ALF is technically a non-residential use, however, it essentially fun. ti , SEP 2 2002 4 residential land use. The maximum size of the structure is largely determined by the maximum allowable square footage based on the floor area ratio calculation. The subject site is located ( adjacent to a church to the east, vacant land to the north, and the County Barn right-of-way to the west. The single family structure located on property to the south is located largely on the north ½ of its site. The proposed location for the ALF is on the south ½ of the subject site, thus creating a greater separation between the structures. Con: Neighboring property owners to the north and south may find development of the site for a use other than single family residential obtrusive. Summary Conclusion: Surrounding land uses on three sides are more intense in nature than the proposed use. The site currently fronts on a 2-lane collector road. The subject site is surrounded by property zoned Estates on three sides. The site is heavily wooded, similar to surrounding properties. Given the residential nature of the existing use and the conditions of the site, development of the site for an ALF use should not prove to be detrimental to neighboring properties. STAFF RECOMMENDATION: S taffrecommends that the Collier County Planning Commission recommend approval of Petition CU-98-8 for Conditional Use 5-Assisted Living Facilities of the "E" Estates zoning district subject to the stipulations as described in the Resolution of Adoption and Exhibits, and summarized below: a. The Planning Services Department Director may approve minor changes in the location of the use ( within the building or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall 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 and approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. c. An exotic vegetation removal, :,lonitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. d. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. e. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator 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, t~,ra~A rrr' 5 ,,. · f. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, upon their request, for the future widening of County Barn Road. g. Under the existing County Barn Road two-lane condition, the project may have full turning movements at the access drive. Under future four or six-lane conditions, the access may be constrained to a right-in/right-out onto County Barn Road. Nothing in any development permit shall operate to vests any right or interest in a median opening in County Barn Road, either full or partial, for this project. The County shall not be liable for any claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. h. The existing natural, native vegetative buffer along the north, south, and east property lines of the site, shall be retained to its current extent, to a minimum width of the fifteen (15) feet. This vegetation preservation requirement shall be over and above the minimum native vegetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project i. Road Impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are issued unless otherwise approved by the Board of County Commissioners. PREPARED BY: DATE C~ PLANNER EWED 1~: AICP DATE CURRENT PLANNING MANAGER ~/OBERg J. MULHE , AICP DATE PLANNING SERVICES DIRECTOR APPROVED BY: / VII~CEb~ A. CAUTERO, AICP, ADMINISTRATOR DATE COMXvIUNITY DEVELOPMENT & ENVIRON. SVCS DMSION Staff Report for the February 18, 1999 CCPC meeting. NOTE: Tentatively scheduled for the March 9, 1999 BCC meeting. o ss os: I - .-, _. MIlL J. BR~T, CH~ERSON SEP 2 4 ~2 CURRENT PLANNING SECTION APR ? lg98 PETITION NUMBER: DATE OF APPLICATION COMMISSION DISTRICT PLANNER ASSIGNED: ABOVE TO BE COMPLETED BY STAFF APPLICATION FOR PUBLIC ~EAR~NG FOR: CONDITION~?. US~. 1. General Information: Name of Applicant (s) Thcmas Hawkins Applicant' s Mailing Address 2101 ODunty Barn Road City Naples State Florida Zip 34112 Applicant ' s Telephone #: 793-7070 Fax #: 793-7070 Name of Agent Blair Foley Firm Ooastal Enqineering O?nsult Agents Mailing Address 3106 S. Horseshoe Drive City Naples State Florida Zip 34104 Agent' s Telephone #: 643-2324 Fax #: 643- .:143 SEP 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 Percentage of Ownership Tbsmas Hawkins 100% 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 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 Percentage of Ownership Date of Contract: AGENDA ITE. I~ SEP 2 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 ( ): 8/26/97 Term of lease .yrs./mos. If, Petitioner has option to buy, indicate date of option: and date option terminates: , or anticipated closing date - 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 form. 3. Detailed le~al ~scription of the property covered by the a~lication: (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 concernin¢f the legal 4 description, an engineer's certification or sealed survey may be required. Section: 8 Township: 50S Range: 26E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: The South 1/2 of the North 1/2 of the Southeast 1/4 of the Nort2m~st 1/4 of Sect/on 8, Township 50 South,- Range 26 East, Cbllier County, Florida, less the West 50 Feet thereof. 4. Size of property: 337 ft. X 1,280 ft. Total Sq. Ft. 431,360 Acres 9.63 5. Address/~eneral location of subject pr =c~erty: 2101 (bunt~ Barn Road, Naples, Florida 6. Adjacent zoninq and land use: Zoning Land use N E Vacant E Single Family B~sidence S E E Unity Church W E Vacant 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 5 j/ Section: Township: Range: Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: Metes & Bounds Description: 7. Type of Conditional Use: This application is requesting conditional use # 5 of the E district for (~sz) Senior Independent AssistedCareLiving Facility . Present Use of the Property: Vacant 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, staff's recommendation to the Planning Commission and the Planning Commission's recommendation to the Board of Zoning Appeals shall be based upon a finding that the granting of the conditional use will not adversely affect the public interest and that the specific requirements governing the individual conditional use, if any, have been met, and that further, satisfactory provision and arrangement have been made concerning the following matters, where applicable. Please provide detailed response to each of the 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): The project is located within the Urban Re! l~en~..~3~ SEP 2 % 6 Use desiqnation as indicated on the Fu~re Tand Use. Map.. The project density of +/- 16.3 units per acre i-~ in cc~pliance with ... the Future Land Use Element of the Growth Manageme~,_t PI ~Tn... The property is zoned Estates, which allows for Group Housing as a Oonditional Use. b. Describe the existing or planed 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: The entrance to the project shall be located on County Barn Road. Travel lanes and pedestri'~n ~ys shall be in accordance with the Collier County Iand Develo~nent ODde. R~ergency fire access shall be provided and approved by the Collier ODunty Fire Code Official. c. Describe the effect the conditional use will have on neighboring properties in relation to noise, glare, economic and odor effect: Neighboring propertieswillnotbeadversetyaffect~by~eproposed project. d. Describe the site's and the proposed use's compatibility with adjacent properties and other properties in the district: The only developed oropert/es adjacent tO the oro4ect include a single-family residence to the south, and a church to t~ east. Fallin~ Waters Subdivision is located further easto~o T~ project is located in a low density residential area, ~ch~--~ ideal for a project 0f this nature. SSP 2 ~ ~2 e. Please provide any additional information which you may feel is relevant to this request. The project consists of an ALF. The tenants' age of a project of this type generally range~ frc~ 75 - 90. ~c the attached letter to ODllier Gounty Development Services which explains traffic impacts furt/~r. 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 subject 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? 11. Additional S,,~--~ttal 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. Ten (10) copies of a 24" x 36" conceptual site plan [and one reduced 8h" 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 SEP 2 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], · 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 existing landscaping and buffering as may be required by the County, · location of all signs and lighting including a narrative statement as to the type, character, and dimensions (such as height, area, etc.); c. An Environmental Impact Statement (EIS), as required by Section 3.8. of the Land Development Code (LDC). d. Whether or not an EIS is required, two copies ~f 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 AGE. hlDAI~ Classification System. 9 ..,.-, 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 survey or 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. TRAFFIC IMPACT STA~ (TIS): A TIS is required unless waived at the pre-application meeting. The TIS required may be either a major or minor as determined at the pre-application meeting. Please note the following with regard to TIS submittals: MINOR TIS: Generally required for conditional use (and rezone) requests for property less than 10 acres in size, althoug.h based on the intensity or unique character of a petition, a major TIS may be required for petition of ten acres or less. M~JOR TIS: Required for all other conditional use (and rezone) requests. A minor TIS shall include the following: 1. Trip C-enerat/on: Annual Average Daily Traffic (at buildout) Peak Hour (AAD/] P~.k S~son Daffy Traffic P~ak Hour (PSDT) 2. Trip Assi!mment: Within 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 antic/pared changes in level of service (LOS). 5. Any proposed improvements (to the site or the external right-of-way) such as providing or elimlnnfing an ingress/egr~ point, or providing turn or decel lanes or other/mprovements. 6. Describe any proposal to mitigate the negative impacts on the transportation system. 7. For Rezones Only: State how th~ request is consistent with the applicable policies of the Traffic Cin:ulation Element(TCE) of the Growth Management Plan (OM~),'including policies 1.3, 1.4, 4.4, 5.1,5.2, 7.2 and 7.3. A Major TIS sh~ll address all of the items listed above (for a Minor TIS, and shah also include nn ansiysis of the following: 1. Inte~ection Analysis AG~ROA ITF. M(t~ 2. Background Traffic No._ /7 ~ 3. Future Traffic 4. Through Traffic 5. Planned/Proposed Roadway Improvements SEP 2 ~ 2002 6. Proposed Schedule (Phasing) of Development Pg- ._~ r~/ ! A~LXCATIC~ FOR I~LIC ~ FOR CO~XTIC~L ~ 11 TRAFFIC IMPACT STA~ (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 (RDI) in conformance with the acceptable traffic engineering principles. The rates published in the latest edition of the Institute of Transportation Engineers (ITE) Trip Generation Report shall be used unless documentation by the petitioner or the County justifies the use of alternative rates. 2. TrAp Assignment: 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. Existin~ 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. Ra~us of Development Influence (RDI)~,, The TIS shall cover the least of the following two areas: a) an area as set forth below; or, b) the area in which traffic assignments from the proposed project on the major thoroughfares exceeds one percent of the LOS "C". Land Use Distance 1. Residential****************5 miles or as required by DRI 2. Other (commercial, industrial, institutional ~ ~ 12 0 - 49,999 Sq. Ft.*******2 Miles 50,000 - 99,999 Sq. Ft.*******3 Miles 100,000 - 199.999 Sq. Ft.*******4 Miles 200,000 - 399,999 Sq. Ft.*******5 Miles 400,000 & up *******************5 Miles In describing the RDI the TIS shall provide the measurement in road miles from ~he proposed project rather than a geometric radius. 6. Intersection Analysis: An intersection analysis is required for all intersections within the RDI where the sum of the peak-hour critical lane volume is projected to exceed 1,200 Vehicles Per Hour (VPH). 7. Background 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 hose 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. Through Traffic: At a minimum, increases in through traffic shall be addressed through the year 2015. The methodology used to derive the estimates shall be provided. It may be desirable to include any additional documentation and backup data to support the estimation as well. 10. Planned/Proposed Roadwa~ Improvements: Ail proposed or planned roadway improvements located within the RDI should be identified. A description of the funding commitments shall also be included. SEP 2 11. Project Phasing: When a project phasing schedule is dependent upon proposed roadway improvements, a phasing schedule may be included as part of the TIS. If the traffic impacts of a project are mitigated through a phasing schedule, such a phasing schedule may be made a condition of any approval. STA~ OF UTILITY PROVISIONS FOR CONDITIONAL USE REQUEST 1. NAME OF APPLICANT: Thomas Hawkins 2. M~XLING ADDRESS: 2101 County Barn Road Naples CITY Florida ZIP 34112 3. ADDRESS OF SUBJECT PROPERTY (IF AVAILABLE): 2101 County Barn Road 4. LEGAL DESCRIPTION: Section: 8 Township: 50S RAnge: 26E Lot: Block: Subdivision: Plat Book__ Page #: Property I.D.#: 00403800001 Metes & Bounds Description: The South 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8, Township 50 South, RanGe 26 East, Collier County, Florida~ less the West 50 feet thereof. 5. TYPE OF SEWAGE DISPOSAL TO BE PROVIDED (Check applicable system): a. COUNTY UTILITY SYSTEM 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 [] b. CITY UTILITY SYSTEM [] c. FRANCHISED UTILITY SYSTEM [] PROVIDE NAME d. PRIVATE SYSTE (W LL) [] SEP 2 2002 7. TOTAL POPULATION TO BE SERVED: 210 +/- (Residents & Staff) 8. PEAK AND AVERAGE DAILY DEMANDS: 9. HATER-PEAK 52,500gpd A~ DAILY 21,000 gpd 10. SEWER-PEAK 86~950 qpd AVERAGE DAILY 21.000 cud 9. IF PROPOSING TO BE CONNECTED TO CO?.?.IER COUNTY REGIONAL HATER SYSTEM, P?.~SE PROVIDE THE DATE SERVICE IS EXPECTED TO BE REQUIRED: 11/1/98.. . 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 to dedicate to Collier County Utilities the water distribution and sewage collection facilities within the project area upon completion of the construction of these facilities in accordance with all applicable County ordinances in effect at the at time. This statement shall also include an agreement that the applicable system development charges {nd 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. STA~ 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. _ 16 AFFIDAVIT I, ~_O~S ~~~ being 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 mater 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 before a hearing can be advertised. I further permit C~ ~,~#~.~3o/~,~lr~ (AGENT'S NAME) to act as my representative in any matters regarding this petition. SI NATURE OF OWNER State of Florida County of Collier _The foregoiQg, Agreement Sheet was acknowledg__ed before me this .~,3 day of ./(,~.~~ , 199~ by -~OX~ ,--%. ~<~, who. is personally known to me or who has o_~d ~'~g.f°5 L,~-~r//,~o,'5) as identification and who did (did not) take an oath. (Sigh~ur~ ~f ~f6tar~ Publifi) - NOTARY PUBLIC Commission # My Commission Expires: SEP 2 2002 State of Florida SIC~NATURE O~-'~GEN~ ~ County of Collier _The foregoin~ ~gree, ment Sheet~was ack~no.wledg~efore me this ~erso~allv knO{qn J&~'mP_ o~ who has produced~-----r~, - ! as identification and who did (did not) take an oath. (~r~Z~e 6~ N&~ P~ OFFICIAL NOTARY SEAL KAREN $ DEPE'FRO NOTARY PUBLIC STATE OF FLORIDA CO~X~$$~ON NO. CC586538 MY CO~$$~ON EXP. OCr. ~.2000 NO~/s~¥ PUBLTC Commission # My Commission Expires: AC~NDA ITEM SEP 2 2002 CONDITIONAL USE APPLICATION SUBMITTAL CHECKLIST THIS COMPLETED CHECKLIST IS TO BE SUBMITTED WITH APPLICATION PACKET ! a -.'~.~.~om~tea :U~ii ~=ovision~ ', ,' - ~ :';" ' ' ~"-~"~E>.- 5 .... -.~zi~ ;Photo_. (~i~ ' r~es~ 7. Copies ~ of -State 8. ~istorical . i ~a~a.ologica~ 9. 10 Copi.s-of:"Conc.ptual_~~ 10. A..~.ck ~de .. Out .to.--~s _Bo~' ' cover'applica ~on?f!e;.;.. As ~he authorized agen~/applican~ for ~his petition, I at,est that ail of the infornation indicate~ this checklist is included in this s~aittal package. I understand that fa~re to include all necessary s~ait~al infomatioa may re sult~~ de lay/ff~rocess this petition. (~/Appltcant signature Date CONDITIONAL USE ~PPLICATIONX~/rev.10/14/97 ~PLI~TI~ ~R ~LIC ~G ~R ~ZTI~ U~ SEP 2 % 2002 18 / / RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT  OF A SENIOR INDEPENDENT ASSISTED CARE LIVING .... FACILITY CONDITIONAL USE "5" IN THE "E" ESTATES ZONING DISTRICT PURSUA/qT TO SECTION 2.2.3.3. OF THE COLLIER COUNT~/ LAND DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 8, 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 establ.ish, 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 zonlng 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 ffected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditional Use "5" of Section 2.2.3.3. in an "E" Estates Zone for a Senior Independent Assisted Care Living Facility on the property hereinafter described, and has found as a matter of fact (Exhibit "A") that satisfactoryprovision 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 WHEPd~kS, all interested parties have been given opportunity to be heard by this Board in a public meting assembled and the Board having considered all matters presented. NOW, THEREFORE BE IT R~SOLVED, BY TH~ BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by Blair Foley of Coastal Engineering Consultants Inc representing Thomas Hawkins with respect to the operty hereinafter described as: .B. hich i. at=ached hereto and inco orated reference herein ., be and the same is hereby approved for Conditional Use "5" of Section 2.2.3.2. cf the "E" Estates Zoning District for a Senior Independent Assisted Care Living Facility in accordance with the Conceptual Master Plan tExhibit "C") and subject to the following conditions: o~!a~nlng Sel-vlces Department Director may approve changes in the location of the use within the DUliding or structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use application, or major changes to the site plan submitted as part of this application, shall 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 and approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. An appropriate portion of the native vegetation shall be retained on site as required in Section 3.9.5.5.4. of the Collier County Land Development Code, as amended. 3. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the conservation/preservation areas, shall be submitted to Current Planning environmental staff for review and approval prior to final site plan/construction plan approval. 4. Permits or letters of exemption from the U.S. Army Corps of Engineers (ACOE) and the South Florida Water Management District (SFWMD) shall be presented prior to final site plan/construction plan approval. 5. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological artifact, or other indicator is found, all development within the minimum area necessary to protect the discover%; shall be immediately stopped and the Collier County Code Enforcement Department contacted. 6. The petitioner shall dedicate the front forty (40) feet of the subject site to the County, in accordance with the procedures set forth in Subsection 2.7.4.5.4. of the Land Development Code for the future widening of County Barn Road. 7. Under the existing County Barn Road two-lane condition, the project may have full turning movements at the access drive. ~nder f~tu~e four or six-lane conditions. may be constra~neo to a ri-h .... . the access ~ c-in/right-out onto County Barn Road. Nothing in any development perm/t shall operate to vest any right or interest in a median opening in County Barn Road, either full or partial, County shall not be liable for any for this project. The claim of damages due to the presence or absence of any median opening at any point along any road frontage of this project. 8. The existing natural, native vegetativ~ buffer along the no=h, south, and east property lines of the site, shall be retained as it currently exists, to no less than a minimum width of the fifteen (15) feet. This vegetation preservation requirement shall be over and above the minlmum native ';egetation requirements of Section 3.9.5.5.4. of the Land Development Code, and shall be maintained for the life of the project. 9. Road impact Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid at the time building permits are lssued unless otherwise approved by the Board of County Commissioners. 10. The developer shall install a minimum six (6) foot high fence along the southern property boundary of the subject site, prior to obtaining a certificate of occupancy. 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 ~~ , 1999. BOARD OF ZONING APPEALS ATTEST: . . /PAMELA S. MAC KIE, CHAiRwoMAN 'DWIGHT E. BR6CK, Clerk · ~,.,~.~ ...... %pproved as to Form and ~egal Sufficiency: , 7n Marjo~eTM· Student Assistant County Attorney 9/~-9a~9 ~SO~,UTI~ I?C-- SEP 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR -- CU-98-~ Exhibit A The following facts are found: 1.Section 2.2.3.3.5. 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 distric~ or neighborhood because of: A. Consistency with the Land Growth Manag~en~ Plan: Development Code and Yes _ No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: Adequate ink,ss & egress Yes _ No C. Affects neighboring properties in relation to no~e, glare, economic or odor effects: No affect or _ Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatibl~ use within district Yes ~ No recommended for approval Exhibit B CU-98-9 The South 1/2 of the North 1/2 of the Southeast 1/4 of the Northwest 1/4 of Section 8, Township 50 South, Range 26 East, Collier County, Florida, I ess the West 50 feet thereof. SEP 2 ~ 2002 SEP 2 ~ 2002 RESOLUTION 02- RELATING TO PETITION NO. CUE-2002-AR- 2088 A ONE-YEAR EXTENSION OF CONDITIONAL USE 5 FOR AN ASSISTED LWING FACILITY OF THE "E" ZONING DISTRICT FOR PROPERTY HEREINAFTER DESCRIBED IN SECTION 8, TOWNSHI~ 52 SOUTH, RANGE 26 EAST, 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 comprehensive zoning regulations for the zoning of particular divisions of the County, among which is the granting and extending the time period of Conditional Uses; and WHEREAS, on March 9, 1999, the Board of Zoning Appeals enacted Resolution No. 99- 167, attached hereto and incorporated by reference herein, as Exhibit "A" which granted a conditional use pursuant to Subsection 2.2.3.3.5 of the Land Development Code (Ordinance No. 91-102), for an Assisted Living Facility, on the below described property; and WHEREAS, Subsection 2.7.4.5.3 of the Land Development Code provides that the Board of Zoning Appeals may grant one one-year extension for a conditional use which has not been commenced. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals of Collier County, Florida that: The written request of Mr. Thomas Hawkins for one one-year extension of conditional use # 5 for an assisted living facility in interest of the following described property "Exhibit B" is hereby approved pursuant to Subsection 2.7.4.5.3 of the Land Development Code (Ordinance No. 91-102), and the expiration date for Resolution No. 99-167, attached hereto and incorporated herein as Exhibit "A", and all conditions applicable thereto, is hereby extended for one additional year until March 9, 2003. BE IT FURTHER RESOLVED that this Resolution be recorded in the minutes of this Board and in the records of the Petition for which the extension is granted. $£? 2 q 2002 This Resolution adopted after motion, second and majority vote. Done this day of ,2002. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: JAMES N. COLETTA, CHAIRMAN ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjori~e,[~l. Student' - Assistant Count3' Attorney G/admmrPetilions~ CU-2002-AR-2088/FR/sp A~A ITEM SEP 2 ~ 2002 -~- P~. RESOLUTION 99- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SENIOR I~EPE~F~T ASSISTED C~E FACILI~ CO~ITION~ USE "5" IN THE "E" ESTATES ZONING DISTRICT P~SU~ TO SECTION 2.2.3.3. OF THE COLLIER CO~TY ~ DE~LOPME~ CODE FOR PROPERTY LO~TED IN SECTION 8, TO,SHIP 50 SO,H, ~GE 26 EAST, COLLIER CO~TY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter {7-i246, Laws of Florida, and Chapter 125, Florida Statutes, has ;.onferred on Collier County the power to establ_ish, coordinate and ~.~nforce zoning and such business re~lations as are necessary for the )rotection of the public; and WHEREAS, the County pursuant thereto has adopted a Land )evelop~nt Code (Ordinance No. 91-102) which includes a '.omprehensive Zoning Ordinance establishing regulations for the ~oning of particular geographic divisions of the County, among which s the granting of Conditional Uses; and WHEREJkS, the Collier County Planning Commission, being the duly ~ ~ted and constituted pla~ing board for the area hereby ffecced, has held a public hearing after notice as in said egulations made and provided, and has considered the advisability cf Dnditional Use "5" of Section 2.2.3.3. in an "E" Estates Zone for a ~nior independent Assisted Care Living Facility on the property ~reinaf~er described, and has fo~d as a ~tter of fact (E~ibi~ %" ~ chat satisfactory provision and arrangement have been made ~r'..35a~%c.a .;i~ S-~csecticn 2.7.4.4 of '~he Land Develo~ment Ccde for .~ >~llier C~un~y Pla~ing Co~ission; and Y~HE~EAS, al! in~eressed parcies have been gi.;en opportunity h~:.Jd by =his ~oazd ina public ~tin,B a~se~le~ amd che !IOW. T~ERE~OR~ BE iT ~SOL~D, BY T~ BOARD OV ~ONI~7~ APP~S -t --~anu~, inc., reprasen~ing Thoma~ ~awkin~ with respect tn .. Exhibit "A" . -- - ...... for a Senior Independent Assisted Care Livinc ~ ~ _ .a ..... t in acsordance wi~h the Conceptual Master Plan (Exhibi~ "C") and subject 5o the following conditions: ~ o~ ' ng S ~ices Depar:ment Director may approve ~ ges -n ~he loca=icn cf the use within ~he building cr structures and improvements authorized by the conditional use. Expansion of the uses identified and approved within uhis conditional use application, or majcr changes ~o the site plan submiuued as part of application, shall re~ire the submittal of a new conditional use applicazion, and shall comply with all applicable County ordinances in effect at the time of submitual, including Division 3.3, Site Development Plan Review and approval, of the Collier County Land Development Code (Ordinance No. 91-102). 2. ~ appropriate portion of the native vegetation shall be retained on site as re~ired in Section 3.9.5.5.4. of the Collier County Land Devetopmenu Code, as amended. 3. ~ exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site, with emphasis on the c°nse~ation/prese~ation areas, shall be s~mitted to Current Pla~ing environmental staff for review and approval prior ~o final site plan/const~ction plan approval. 4. Permits or letters of exemption from =he U.S. A~y Co~s of Engineers (ACOE) and the South Florida Water Management District (SF~) shall be presented prior ~o final siue plan/const~ction plan approval. If, during the course of site clearing, excavation or other construction activity, an historic or archaeological aruifacu, or cuber indicator is found, all developmenu ~i~hin ~he minimum area necessa~ to protect the discovery shall be i~ediately stopped and uhe Collier County Code Enforcement Department conUacted. ~i'.~% 3,.~1-j~=- si~e ~o the Coun5],, in =,ccordanc~ with tile ~i"~ce'iures set forth in S~secuicn 2.-' 4 ~: 4 ~= -h- - - ae ;u~ure widening ~f County Barn m~l' 3:,e zz'r~'ca:i, aej uo a ri,uht.in/rlgnc.out onto " - AC, ad ~' -' ' - · lO,.nln9 ~.~ any develcDulent Ceralit shall operate to ....... ~..a::, ~iE~i~l' iUl~ .or par::/ai, f3:: ::~iS projecu Tile =h.~ l~le~eL..,:% ;>r %::9~nce 3f ~uy :ne,.l!an c'Dening at an'z moimt ...... SEP 2 % 2002 width ef the fifteen ~15) feet. This vege~at±on prese~zation requirement shall be ever and above the minimum native vegetation requiremenEs of Section -- -3~s.5.5.~. of ~he Land Development Code, and shall be mainttined for ~he life of the project. 9. Ro~d Impac~ Fees shall be paid in accordance with Ordinance 92-22, as amended, and shall be paid a~ the ~ime building pe~i~s are issued unless otherwise approved by the Board of County Commissioners. !C. The developer shall install a minimum six (6) foot high fence along the southern property boundary of the subject sz~e, prior ~o obtaining a certificate of occupancy. BE IT F~THER RESOLED ~hat ~his Resolution be recorded in the minutes of this Board. This Resolution adopted after ~tion, second and majority vote. Done nhis day of ~~ , 1999. BO~ OF ZONING APP~S DWIGHT E. 'BR~, Clerk A~ oved as to ~o~ and Legal Sufficiency: Marjo~e M[ Student Assistant Cowry A~norney - SEP 2 2002 FINDING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CONDITIONAL USE PETITION FOR - CU-9@-~ Exhibit A following facts are found: Section 2.2.3.3.5._ of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: -~. Consistency~with the Land Development Code and Growth Manag~ent Plan: Yes No Ingress and egress to property and proposed structures thereon with Darticu!ar reference to .~,:.a~e, :jiar%, ~':onomic or c. dc~; eff~c~s: '2,~mpaulbiiity w!~.h ~djacent r,z,c ..... !~ and '~ther prcpert~/ in =h~ %ii~tric~: Exkibit B CU-98-9 Thc South 1/2 of thc North 1/2 of the Southeast 1/4 of thc Northwest 1/4 of Section 8, Township 50 South, Kange 26 East, Collier County, Florida~ I ess the West 50 £¢¢t thereof. AGE~A - SEP 2 q 2002 ~.~ SEP 2 ~ 2002