Agenda 08/04/1998 R COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
Tuesday, August 4, 1998
NOTICE: ALL PERriNS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER
PRIOR TO SPEAKING. SPLA]CERS MUST REaR WITH THE COUNTY AD~TOR
PR/OR TO THE ~ATION OF THE AGENDA FI'EM TO BE ADDRF.~ED.
P, EQ~ TO ADDKESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA
MUST BE SUBMITTED IN WRFFING WITH EXPLANATION TO THE COUNTY
ADMINISTRATOR AT LEAST 13 DAYS PRIOR TO THE DATE OF ~ MYETING AND Wi3~.
BE HEARD UNDER "PUBLIC PETrrlONS".
ANY PI3ISON WHO DEC3DKS TO APPEAL A DEC-~SION OF THIS BOARD WrLI. NEED A
RECORD OF THE PR~EqGS PERTADfflqG THI:RETO, AND TKEREFORE MAY NEED TO
EHSURE THAT A VI31BATIM RECORD OF THE PROCEEDINGS IS MADE, WHI~ RECORD
INCLUDES TflZ TESTIMONY AND EVIDENCE UI'ON WI~CH THE APPEAL IS TO BE BASED.
ALL ~ PUBLIC SPEAKERS Wn.~- BE LIMITED TO FIVE (S') MXNUIT. S UNLESS
Pi31MISSION FOR ADDITIONAl, TIME IS GRANTED BY THE CHAIRMAN.
ASSISTED usrl2qING DEVIC~ FOR THE IIEAREqG IMPAIRED ARE AvAn.ABLE Eq ~
COUNTY COMMI~IO~' OFFICE.
L
2.
3.
LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M.
INVOCATION - Pastor Sautes', North Naples United Methodist Church
APPROVAL OF AGENDAS
,4. APPROVAL OF CONSENT AGENDA.
B. APPROVAL OF SUMMARY AGENDA.
C. .~PPROVAL OF REGULAR AGENDA.
APPROVAL Or MINUTES
PR~TIONS AND SERVICE AWARDS
A. PR~TIONS
B. SERVICE AWARDS
1) Dou Jeffer~, Parks and g~_*'eattoo - 10 Yem's
1
August 4, 1998
7.
8.
2) DoyJeme Marroe, Planning ~ - 10 Years
3) John Coati, OCPM - I0 Years
4) Chris Carbou, Wastewster- S Yem's
Tammy Smith, Informatioa Technology - S YesrJ
Jiditb ~ Real Proper~ * S Yesrs
7) Robert Neoe, Pelican Bty ~ - S Years
8) Terry LooL Water Department - S Years
James Wyatt, Water Department - S Years
10) J. qqpi~; Jr., Water Department - S Years
11) Parley Egbert, Parks and Recrufion - S Years
12) Bryln Timrstoa, F~cflttJes Mausgemeut - S Years
13) Bfrl*y ErJck]on, Wirer Departme~ *
14) Wll/Ltm HeckstbFou, Water Departmem - $ Yexrs
Job Hoffm~, Watcr Department - S Yesrs
C. PRESENTATIONS
1) Bepresentat~ Bart L. Sfamders pruenting cbecks from the Florida
Departmest or Environmental Protection and the Florida Community Trust to
be used for Col]~er Coenty park improvements.
APPROVAL OF CLERK'S REPORT
A. ANALYSIS OF CHANGF.~ TO RESERVES FOR CONTINGENCIES.
PUBLIC PETITIONS
COUNTY AD~TOR'S REPORT
.4. COMMUNITY DEVELOPMENT & ENVI~ONM]:lqTAL SERVICES
1) Appeal or Code Enforcement Case No. 30910012, 4070S-024, S0727-024,
6es30-033 * Record Owner:. James J. nd Rose Marie Brodertck
2) ~re lakes lVLtmr Anochflon Incorpomed requesting a wafver or the
opplicmJon fees requiFed for mbminioa or petMon for zoaing related
3) A~optiee or a ruohtJou to nontnate the tmmokJlet ~i~ rot a federal
grnt known u the Rnrsl F, mpowerment Zone Designation.
2
10.
11.
f. atb~ of psrmettrs for thc Interch~mge Master l~an for Activity
Centcr W9 at the Jntersec~on of l-?S/CR-gSl/Davis Bouk'vtnL
The Board of County Corn_ m~siooers approve a budget amendment to ~
Special Events Tourimn Development Agreement between Collier County and
acceptance of the roadway, drainage, water and sewer improvements for the
final plat of "Park Place West'*.
IL PUBLIC WORKS
1)
Appruve Tourist Development Category "A" Funding Applications for Bench
Maintenance and Inlet Management Projects.
Appruval of second ~nendment to agreement between Orange Tree Utility
Company and Collier County.
Consideration of an interiocal agreement aflowtng for the investigation of the
creation of t multi-county utility authority for the imrpo~, of acqui~g the
utility facilities owned by Avatar Holdings, Inc.
C. PUBLIC SERVICES
1)
Review a staff report regarding the administrat~m of the County-owned parks
wttMn the City of Marco for FY 1998-99.
E. COUNTY ADMINISTRATOR
1) Quarterly Revenue and Expenditure Report - glscal Year 1998
AIRPORT AUTHORITY
COUNTY ATTORNEY'S R~PORT
A. Discmsion and dl~ to staff regarding the Tourist Development Plan.
Board authorization for legal services retention agreement with Lawrence S. Pivacek.
BOARD Og COUNTY COMMISSIONERS
Fora' year review of the Environmental Policy Technical Advisory Board (El*TAB) with
staff recommendation to create a single environmental advisory committee by
cnmoildating the functions of EPTAB with tho~e of the Environmental Advisory Board
OTm~ ITEMS
A. OTHER CON~'fi'fu'I=iONAL OFFICERS
PUB~-~C COMMENT ON GENERAL TOPICS
3
August 4, 1998
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF ITEMS
ADVIatTIStD I~BLIC ~ARINGS - BCC
1)
1)
THIS ITEM HAS BEEN CONTINUED I]~E~~,y. Sc~ W. Whipple of
AgnoK, Barber & Brundage, ~ representinz Gregory A. Collins and the
Medical Office Center Investmmt Groap, requesting an amendment to the
Piper BoMtw~ Medical Office Center PUD for the purpose of adding .19
seres of land to expand the t~___qing paridng lot by 11 parkinlt spaces and
adding related landscaping and buffers for propert7 located eu~ of Cypre~
Way FJst and north of Piper Boulevard, in Section 23, Township 48 South.
Range 25 East, Collier Count~. Florid&
C. OTHER
1) THIS ITgM HA.$ BEEN MOVED TO 17C.
2) THIS ITEM IIAS BEEN MOVED TO lTD.
Req~eat for the Board to adopt ~he accompanying reaolutiou approving the
~ d ~ w~r ~a ~m ~d w~aar ~ ~ f~
~ ~ ~ ~ m ~ ~ for t~ ~fl~ p~ ~
w~~ ~ ~ ~ ~p~ ~ ~ ~ ~~ by ~
~ ~ W~ ud W~r ~fi~.
4)
Appreve the l'urch~e Agreement between Roo~ Bay Servicea, Inc. ami
Ce~er Couaty Water-Sewer DMrict; adopt a ]tm~k~ou apprvving the
fhdinp and fseta relating to the Rookery Bay granchl~ Service Area Sales
Tranuctl~; and approve a ph~e in approach to user rates.
ITEM HAS BEEN MOVED TO 17E.
An Ordinance of Collier County, Florida, mending the def'mltiom of
'T. onmerclg Pruperty' and ~.~sidemlg Units" in Ordinance Number 90-30,
as amended, being the Collection and Disposal Municipal Serv~es Benefits
Rtsidene~ lhq~__~ and all other nnlt~ tl~ d~re in comm~ a dumpster,
lm~ loader or mbstantiafly dmilar solid waste co. etlon comahaer, also
defining guest homes and noncommercial maim providing for conflict and
.evorabfli~, prm~ling for inclnsio~ into the Code of Laws and ordinancer,
pro~ -~ effec~lve ~
~ the Impact Fee Study and adopt the Comolidsted and Amended Collier
Coufay Water*Sewer Distr4ct hapset Foe Ordinance.
4
Aufust 4, 1993
14~
l&
16.
A, AD~ In~LIC ~G$
Petitiou A-98-2, Anthony P. INres, Jr., of Woodward, Ptres & Lombardo,
and lq. Paul San Flltppo, of Seldens~icker & San Flllppo, representing Walden
Oaks of Naples Homeowners A~oclatton, Huntington Homeowners Association,
Barrtngton Homeowners Association and Alan Small, requesting an appeal ot' a
de~,~,aination of lnmbstantia] change to the Princeu Park PUD Master l~tn,
AKA axing Ricbard's", adopted by Ordinance 84-34, &j amended, rendered
by the 1Nanntng Services Director purmant to the provisions set forth in
Sectioa 2.7.3~.2. of the Collier County Land Developme~ Code.
Petition No. CU-98-13, Mireya Louviere representing North Wade Bethel,
~g Conditional Use "2" of the Agriculture zoning to allow for a
hortk~lmrll mlchlng facility for property located on the southelst corner of
Immokalee Ro~d (CR-846) and Woodcrest Drive, in Section 25, Township 49
South, Range 26 East, Collier County, Florida.
B. OTHER
STAi~F'S CO--CATIONS
BOARD OF C01~TY COMMISSIONERS' COMMUNICATIONS
CONSENT AGENDA - All matters listed under this item are considered to be routine and
action will he taken by one motion without separate di~*ussion Of each item. If discussion is
desired by a memher of the Board, that item(s) will be removed from the Consent Agenda and
CO~ DEVELOPMENT & ENVIRO~NT~ SERVICES
1)
~datlon that the Board of County Commlssione~ approve a retention
agreement with Robinson & Cole, LLP for professional services ~g
Deferral of 100% of impact fees for a :340 unit affordable rental hooting
pr~p~t Imown as Whistler's Cove Apartments to be built by
Affordable/Whistler's Cove, LTD., and subordination of Hen.
Antt~rtz~ the County Administrator to enter into an agreement with the
l~orlda Division Of Forestry to receive a grant to reprodnce and distribute
copies of the County's Exotic Plant Brochure.
The Board of County Commissioners approve an extension to the Tourtma
Advertising and Prmnotion Agreement between Collier County and Marco
Idaml Chamber of Commerce, Inc.
TILLS ITEM HAS BEElq MOVED TO 8(A) S.
The Board of Cmmty Commissio~rs approve a budget mendmeut and an
e~lauiou to the Tourim Advertising and Promotion Agreement between
C(dHer County and V'~t Naples, Inc.
$
Ausust 4, 1998
The Board of County Comminfoners approval of a restated mortgage and
promlnory r~oto for a sixty thousand (S60,000) loan frmn Collier County to the
~ Housing Partnership of Collier County, Inc.
IAea Resohflom - Code Enforcement Case No~ 70~02-082, 70507-043, 70J21-
001, 70~21-006, 70~12-027
Lien Resohttiom - Code Enforcement Case Nos. 70724-030, 70729-071, 70805-
028, ?090f~0S
lO)
Lien Resolutfons - Code Enforcement Case Nos. 71117017, 71210016, 71210-
0SI, 8010~-066
11)
Recouunendation to approve Excavation Permit No. S9.6~6 Odin Landreth
located in Section 12, Township ~8 South, Range 27 East; Bomuled
sa the noflh b~ va~mt Jo~, ou the Muth b~ canal R/W and oa the west by 18'i
S4ree~ N.L R/W
12)
Request to approve for recording the final plat of Peflcan Marsh Unit Twenty
and approval of the performasr, e security.
133 itequtst to approve for recording the final plat of"Briarwood Unit Six"
14)
Request to approve for reco;ding the final plat of'PX'ne Cove', and approval of
the performanct ~ecurlty.
P, eqm~ to approve for recording the final p;at of Carlton Lakes Unit No. 2 and
apprm~l of the performance security.
I6') Request to approve the final pitt of"Twin Esgle~ PhoJe One"
17)
~ AV 98014 to disclaim, renounce and vacate the public's interest in a
30' wide parcel of land conveyed to Collier County as a dralnage easement,
recorded h Official Record Book 1193, Page 1126 and belng located in Sectfou
l, Township 49 South, Range 2~ East, Coll~F County, FJoFidl.
~ to approve for recording the final plat of Avfla Unit Two and approval
of the performance ~ecurity.
19) Tbh item hts been deleted.
Request to approve for recording the final plat of ~fhe Cottages at Gulf
Harbor", and approval of the performance security.
IL PUBLIC WORKS
1)
Acceptance of access road fight-of-way from the State of Florida Department
of Transportatlot
Reeommend~ to approve Amendmeut No. 3 to Profesdoul Servk:es
Agreesnent for Master Pump Station 1.02, Contract #89-1f~6, Project No.
3) This Item has b4~n delete&
6
August 4, 1998
jo)
12)
13)
14)
16)
17}
Enter into an Easement Agreement for the ~cquisttion of easements known as
Parceh 147 and 847 for the Llvingstoa Road Four Lanlng Improvement
Approve Amendment No. 4 to the ProfeuJonal Services Agreement with
Coastal Engineering Conmltana, Inc. to provide Profe~ional Engineering and
Surveyiug Services necem~ In performance of annual monitoring. ,
Requlremm~ for the Marco Island Beach Renourishment Project.
Approve Change Order No. 1 to Kyle Construction, Inc. for the City/County
Water Interconnect, Project No. 74008.
Approve an Agreement to extend Temporary Const~n Easement with
South Florida Water Management District.
Approve Amendment to Appraisal Agreement with Real Property Analym,
Inc., for valuation of right-of-way for the Radio Road Four Lane Improvement
Approve Renewal of Annual Contract 9S-238~ for Fixed Term Professional
Material Testing Services.
Award a Construction Coutract for the Golden Gate Park Fitness Center (Bid
No. 99-2~14).
Approve Change Order No. I with Better Roads, Inc. for Patlnva7
Cou~txJctioa work for County-wide Pathways Il (Bid No. 97-2744) (Project No.
69o81~
To apprmre the transfer of property from Collier County to the State of Florida
to satisfy the requirements of Permit #I1-00368-S.
Approve t Supplemental Agreement with Hole, Montes and Associates, Inc. for
final design and permitting services for Livingston Road Improvements North
of Immokalee Road, CIE Project No. 021.
Award a Construction Contract to Milmir Constrnction, INC., for the North
County Regions] Wastewater Treatment FaciHty Reclaimed Water Pumping
Sta~ Upgrades, Bid t~8=2812, ProJect 74024.
Apprm~al to provide assistance to Senior Craftsman Thomas Stiers core,ming
an fmue with the Department of Busit~ess and Professional Regulation.
Approve Change Order No. 7 to NCRWTP 8-MGD Expansion, Bid No. 97-
itecommendatiou that the Board of County C. mmn~ approv~ and ncccpt
the terms and conditions of the US. Army Corps of Engineers Section 404
Permit No. 199602789 OF-CC) and the Florida Department of Environmental
Protection Consolidated Joint Coastal Permit, Sovereign Submerged Lands
Amboriza~m and Variance No. 0128463-001~C, a Comprehensive
Management Plan for the restoration and ongoing management of the Clam
7
Bay System and to authorize Pelican Bay ~ to sign the permltJ om behalf
1) Approve budget amendment recognizing Insurance claims.
Authorize stsff to p~ throttgh the request for propotals CRIT) pr~.en to
9ele~ sm arthlttt~ral firm to provide destp strvie~ for a North Comer
Regtom&l library to be located at the corner of Orauge Blossom Drive and
Airport Pulling Road.
Approval of a First Amendment to Land Lease Agreement between Collier
Coon~ and GTE Mobilnet of Tampa, Incorporated. ..
A~wrtzatio~ to enter into a contract for services with '~urce Computing,
lac." for computer programming to make the existing ntffity bflllng system
Year 2000 compliant.
Reject ali proposals received by the Department of Revenue regarding solid
w~e and [pe~al ~emn~t progrnm! under RFP #98-2785; and further, to
rm~m open for continued dlscmsloms with vendors for all the propouds
~ for utility billing program under the same RFP. *
COUNTY ADMINISTRATOR
1) Abolish Taxing Districts No Longer Us~L
Retmmnendatiou to nuthorize ~be is~ante of a rtq~st for proposah for
selettiom of underwriters and to establP~h a nat prtstut value savin~ target of
7'/~ in ant~paflom of refunding the Collier C_~ Water/Sewer District
BOARD OF COUNTY COMMISSIONERS
G. ]V~ISC'KLI ~.kN'~OUS COB]tESPONDENCE
CONSTITUTIONAL OFFICERS
1)
Recommendation to approve the use ~ co--ed trust funds to support a
Crime Prevention Program and approve the related Imdge~ amendment by the
Co[Her County Sheriff's Office.
Beeoama~datkm to approve ~ use of confiscated trust funds to purcha~
specialized equipment nd approve the related budget amendment by the
Collier County Sheriff's Off'~e.
Remmend that the Baard d Comn~ Conn~~ ~ the C~ of
Acceptance of the Subarant Award fur the Anti-Drug Abuse Grant ~
9]~-09-21-01~ ]hbim~ Offender Comprtbcodve Action Plan
~)'HOCAP) Pr~grlm of S147,421.
8
17.
L
Recommend that the Board ~ County Commissioners ~lg~ the ~ of
Areeptance of the Subgrant Award for the Anti-Drug Abuse Grant ~
9M-09-21-01-002/Street Gan~ Preve~lon and App~ Progrmn of
COUNTY ATTORNEY
SUMMARY AGENDA - ALL ITE~ APP~G UNDER ~ SECTION MUST MEET
Ti~ FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM
STAFF; 2) UNANIMOUS RECOMMENDATION FOR AFPROVAL BY TKE COLLrFR
COUNTY PLANI~G COMMISSION OR OTHER AUTHO]H~G AGENCIF~ OF ~,LL
~ ~ AND VOTING; 3) NO WRITTEN OR ORAL OI~ECTIONS TO TIKE
~ REC~IV~D BY STAFF, TIIE COLLIER COUNTY PLANNING COMMISSION,
OTi~.R AUTHORIZING AGENCIES OR T~E BOARD, PRIOR TO TKE
COMMg~~ OF THY. BCC MEETING ON WHICH THE ITEMSARE SCHEDULgD
TO B~- HEAR~, AND 4) NO ~NDIVI~UA~-5 ARE REGISTERED TO SPEAK 1~
Olq~OSmON TO THE rr~M.
co o zs,
~ ~ B~dy ~p~flng the W~d~e~ P~ ~e~ ~iafl~
~ ~ ~~ ~ ~ W~d~ ~d UMt ~pm~t Di~ for
~ ~ ~ ~~g a ~~t ~ ~fldtng for ~ W~~ ~~
~ ~ ~d m ~d ~e M~r PI~ m ~dica~ ~e ~ for ~d
~ ~ ~ W~~ P~ ~d on ~ ~ ~ ~ ~e pl~n~ ~~ ~
~t~ay ~ h~f ~ ~h ~ ~ ~!~ Ga~ P~ay, in ~ 19, T~ip
B.
PeOflo~ No. PUD~g-10(2), Robert Duane of Hole, Mout~ & ,A~mc~tea, Inc.
rep~ Gulf Corn National Ban~ reque~iug a rezoue from "PUD" Planned U~it
De~dopmmt and "RSF-~' Residential SlngJe Fmily to "PUD" Planned Unit
Development for l~rpo~ea of updating the current Sarrey lqace PUD and expanding
the are~ by an addMo~fl 0.46~ acre~ for property located on the muth ~de of
Im~.alee Road lying east of Veteram PUrk Drive ami we~t of the west Ihn~t of the
Stoueb~ PUD, ill Section 26, Towndlip 48 South, Range 25 East.
l~tJtJoa AV 98027 t~ vzcate two dndn~e e~n~ and a County utility memmt in
~ Parcw acc6rdLug to the plat tbereor recorded in Pht Book 22, Page 61, Public
__lteco__ rd~ o~ ~ C~mty, F~orid~.
PetJfku AV 98-007 to di~Aai~ reuounce and vac]de the Public's interest in the
~'t~..dning portion of a ~0' ~idc and 30~ wide road right-of-way, utility and drainage
eannu~ locked in Section ~, Tomashfp 4~ ~o~th, Rangt ~ ~ Collier County,
~ AV 9~01~ to di~laim, remmn~ and vacate the public's interest ia a 15' wide
palatal of~ c~mveyed to Collier County a~ a road eaaemeat, lyhg adjacent to U.S.
4Y., tt recorded in Official Record Book 1518, Pages 980 and 981 and being located in
Seetim 21,'Fore,hip ~ ~ Range 25 ~ Collier County, Florfd&
~ NU,~98-1, Raybum C. Cramer, requesting the alteratkm ~g' a noB-
t~uforad~ lmm~g c~bh in abe comervatioa zoning ~ by ml~-~I~ the ezi~ag
atrm:mre, adding acce~ory ~tructore~ ~md fe~cing~ m prt~wty located within the Big
C)prem Nat'3ml ~ Tract Number 670-83, further dek:rtbed az N 3/S ofW ~t
9
erNg ~dSt % ofNW l/4, b Sec~a 12, Township S2 Somb, Rsnge 32 East, Collier
19. ADJOURN
]~T~~ CON~G _(~[ANGES TO ~ ]~OARD'S AGENDA SHOULD BE MADE TO THE
~'~I~UJiFFY ADM~NI:STRATOR'S OFFICE AT 774*8383.
dGENDA CHANGES
~OARD OF COUNTY COMMISSIONERS' MEETING
dFGFST 4. 199S
aov: trot sw)a~ . A~J'~OVAL OF AG~Ur~ FOn AtrOtr~G SE~rcES
I~VC. FOR CONSTRUCTION OF THE NEW AIRPORT-PULIdNG
8TIRIETURE AT JUNCTION IMMOKALEE ROAD. (STAFF'S
~ ROADN~AY, DRAINAG~ IVATER AND SEWER IMPROFF.34ENT~ l.-t~l~ '~t.
FIIgAL PL4T OF "PARK PLACE WF.S~. (STAFF'S REQUES'O.
CONTINUE: ITEM 16tN9112~ TO 9/1/98 MEETING- TO APPROVE THE TRANS~ OF
PROPERTY FROM COLLIER COUI~IY TO THru- STATE OF FLORIDA TO SATISFY
~ REQUIREMENTS OF PERMIT #11-00368~ (COMMISSIONER NORRIS).
Florida House of Representatives
Butt L. 8aunders
Committees
M~ Ba~oara Pedo~ Exe~five Secretm'y
Collier Co,nv/Admiais~x's Office
3~01 E~ Tamiami Trail
Ns~es, FL 3~112
July 2, 1998
I~: ~ ~o be placed on August 4,1998 BCC a~.-r, da
D~ar Barbara:
like t<~ mlumt Ihai Representative Bun L Sannck~. ' be placed on the ageada or,he August 4 megl~g
of the tkn~d of Comay ~ ~ve Sannde~ will be prese~ting two checks to Jolm
~ OlP~limS ~ for Collier Cowry ~ and Recreatioll
the Florida Dr.p~tme~ of Environmental Proox:tion (in tit,: amount of $100,000) znd Florida Community
Trust ('m the ameont of:~90,O00). ~ checks will be used for park i?rovemmts.
Please lei mc know fflna ~"'xl any zdditiotud infornuttio~. My gbone number is: 417-6220.
EXEC SUMMARY
Date ' ' I Descr~n"of Aeiion rr'J~m Case it 30910-012
'-i Jf S~l~l~mber - 1993! Site hlspo~on of the subject prop~ found the following violation: accumulation of
v,,,*ds, sra~, or ovb~ similar non-pmtec~ ov~row~ in excess ofei~ (! S)
'l~,~mber- 1093 h"~,~ e of Violation maikxl, cea'tiffed, re~um r~c~iptrequir~to the owner ofre~ord to
24 .~ptzmbet- !993 Notice of Violation r~arnod to Code Enforcement unserved and stamped -moved, left
11 Ocli- ;~ Propmy wa r~inspoc~ by Code ~forcemmt p~mu'el end documented that above
9 July - 1994 $i~ inspection of the s~bjo~t prop~y" fcmnd the following violation: ar. xumzflafion of
' ['i July o 1994 HotJc~ of ¥iol~tion mail~l, ccrttfle~ return receipt required to the owner of record
'19 July - 1994 Notice of Violation re, turned to Cod~ Enf~ent ~ and stamped "moved, left
no
Broderick, as · under Section 14 of Ordimnce 91.47.
CONSIDERATIQIN. The ~,cu~nulation of wecdi, grass, o~ other similar non-protected
~ in ~ of ~ighl~'n (IS) inches in height is proh,~oited and d~clared to b~ a public
nuisance as lx~bed by f'Jrdinance 91-47. The subject ~ iocat~ within Section 16,
Township 52, Range 26, Marco Beach Unit 8, Block 290, Lot 13 wrrc cited fora separate times
by lhe Code Enforcement I~-panment for non-compliance with Ordinan~ 9147. The following
is a smnma~ of the snbj~ cas~s.
JAMES .L & ROSE MARIE BRODERICK REQUESTING AN APPEAL OF
DECLARATION OF PUBLIC NUISANCE WEED ABATEMENT CODE
ENFORCEMENT CA~E # 30910-012; # 40705-024; # 50727-024 & # 60530-033
28 May. 1996 Sit~ inspec6uu of the subject property foumt the following violation: accumulation of
w~l.x, gross, or otbem' similar non-pr~_~ overgrowth in excess of(IS) eighte~
' 30 M,~y - 1996 Not~ of"Viola~ mail~ certified, reo~m receipt required to the owner of record to
12 J~ne - 1996 Not/ce of V'mla~/on rz0arn~ unserved to Code Enforcement and stamPed "moved, left
=28 June - 1996 - ' ~'~opr.,'-Ty re-~ by Code Enforcement Personnel and documented that above
t~,~l violation remained.
As noted above, all four cases w re proces accordingly. All mailings were sent to the address
of record as noted the Collier Coumy Property Appraiser's Official Records. According to the
attached facsimile sent to the Code Enforcement Department, the mailing address for the subject
property had no~ been modified until March 21, 1998. Ali correspondence regarding the
violations that ezists on the Broderick ~ were sent prior to the ~ change.
contract costs. As of.tuue 1997, the following fines have been assessed against the ~ in
~£ ~e~t_~ ~ Accrued Inter,~ ~
30910-12 812~00 $245.00 $12;2.18 $367.18
40705-24 815347 $'245.00 $95.27 $340.27
50727-24 816906 $'245.00 $53.66 $'298.66
60530-33 818412 $245.00. $43.86 $288.86
Total :g980.00 314.97 $1,294.97
On Oc~ber 11., 19'~'7, M~. Broderick contacted the County Attorney's Of 6ce for assistance on
the l/ens that _~tve been assessed against his property. In May 1997 the County Attorney's
Ofl~ce comac~xi Code Enforcem.--nt to discuss the options available to the Broderick's. It was at
that time that ,~,~aff advised ~ eay modifications to the lien must be authorized by the Board of
County C.~.r,m~.'sione:s.
2
be held rcsponsib~e for only cost for mow~ the ~ot fS4$/ca~ -- SIS0.00). The County
· A~-,~O"s Office recomm~ aI minimum forgivin~ the interest that accrued during the time
RF, COMMENDATION: Because the owner was given due and proper notice in accordance with
Ordinate 91-47, staff proposes fl~e declaration of public nuisance be supported by the Board and that the
protm~ owne~ be requ/red to pay the liens and imerests up to October 1997.
Edwards Arnold
APPROVED BY~~
Vincent A. Cautero, AICP, Administrator
Comm~ Development & Environmental Scpaces
3
A~a 0 ~ ~998
,,~/;~:., _FI,.qCAL IMI'A .~..: ~ on the action taken by the Board, there may be a reduction in
~;~ .. ~'evem~ co~ m fired 111-138911-343908 of up to 1,114.97.
~¢a'.~-:- GROWTH MANA~ IMPACt: N/A
2900 N. I't~oe Drix~
Naples, Florida 3410-~
De. ar Mic~tlc .~a'nold.
1164 Sh,m.'mdaah Coon
Marco Island. Florida 34145
May 14. 199g
inf, xm,:d of fl'~ sinngon ~' Mrs. Johnson. Thc Counn.' ' __.' ' n
posl olTsce, s,,'~s scndi~ noliccs back v. ith no forwm'ding addr~ knmvn.
Islmd. l.lorida. ....... ~ and also tilled otn a ch.mgc of
~ tbmt Th~ poss o1~- ,,~holds/h~: c.h.~.c of address forms for a 30 day
Ix-nod. TI'.¢ code enI'~nt~: being rent 6 monttts to a }'car iat:r. 'll~t'sy.'hy'th~.'
~ . I notified th~ .Marco Island post office and
filled out a change of address Ibrm. ~ii¢ this was going on.
_ _ .~,x.~ a few do~. I I~d my
-l',,x Otlic~ on Mar~° Island. Es~$.' yea~ I would explain to thcm that I rcc~vxl my lax
notice iht mi,.' present a~ but not for out lot on tlaz~lcrcsl Ct. M.B. unit g. Bile 290
Lot 15 or 1412 F~. 1044.Th~' would inlbrm mc lha~ thc notica:s w~r~ b~ing sent to my
g~ess md n:qu~:sl I fill o~ a change of address form,.
'sVhcn we moxzd to Horida in Suty of I ~3. I
~d so x~c ~d I ~o ~~~d ~o Ju~ du~'
I f~l ~c~e shoed have choked to ~ ~ho w~ pa)~ ~e mx~ on
~ ~d ~ ~d to s~ w'~ I ]~d ~ I ~d ~v~ ~ nofifi~ of ~d ,io~fiom and
~ on ~ ~~..~ ~e f~ notice w~ s~t back to
~ ~ ~ ~ ~fi~ would n~ ~ ~ed.
Fm ~ p~ ~ mon~ I ~e ~ ~
C~b's A~m~s ~ee ~g to get cl~ and ~e Idn
should no~ hax~ m p~' interes! or p~altics because thc compliance office failed
I t~ope d-ds situation can be r~oh,'cd in a.just and fair manner.
Thank you.
Sincere .ly yours.
Jam~ and Ro~ Marie
TRAN $ H ITTAL
1998
~.r :.- OF TH~ APPLICATION ~ RF~UIR]~ FOR SUBMISSION OF PL~ITHON FOR ZONING
~TED D~/']~]~,f]~T ORDerS.
;;~.~= ....... ,..
to tl~ Comrmm~ I)twelopn'~t fumi (113) to d~ay the review and ~ costs of the permi~
GRO~ MANA~ IMPACT:
RF-.CO~AIION:
1~. AICP
~G MANAGER
DAT~
DA~
DATE
2
AUG 0 4 1998
,, Po.,.,, ~ - ,
Sune 26, 199~
2800 N. H~ Drive
Naple~, Florida 34104
JUN 2 9 1998
IR.N,I~I~3 SERVICEs
Pleme f:md enclosed 17 copies ofthe Planned Unit Development (PUD) Amendmem Application
and Notice of Pwposed Change (NOPC) for the Berkshixe Lake~ DRI. The change involve~
willhave only a 179 hunica~ shelter space impact (1.9% of county's l~HC hm'~ ~ slice
~). Th/s impact level is less than the 200 and is also less tflzan ~ percent of the county's p~blic
on Regional Hunicam Pte~.~mss as defined in the Hurricane Pr~:t~'e&~s PoUcy Rule 9.1-
2.0'256(4)(a) Florida Adminisrativ: Code (FAC). 7nerdore, uader ~ay's DRI rules, Berksh~
mcessatY lo rdmt the ~on of a ~ deviation, in accordame with the provisions of
F'mally, we are retreating a PUD r~v/ew fee wa/vet _bec~__~]~ the Berksh/re Lakes ~
A.vociagon, Imorlxa~d is a private nonprofit homeowner assodati~ As evidence of our
~ bdhg nontax~ our Tax Exempt ID'# is 65-030-9469. If you need any further
/nfotmafion, plea~ let me imow or Dan Trescott of the Southwest Flodda Regional Planning
EXECU2T~ SUMMARY
ADOFIK)N OF A P, ESOLLrrlON TO NOMINATE THE IMMOKALEE CO~ FOR A
FEDERAL GRANT KNOWN A~ THE RURAL EMPOWERMENT ZONE DI~[GNATION.
for a federal grant known a~ the Rm-al Fanpowerment Zone.
~ACKGROUND:. In 1994, the Federal Government developed the Empowe~amt
Zone/~ Community Initiative. The intent of this initiative is to give
conmmn~_'~ tim ~ to design and implement programs that would create
economic opporttm~, encore-age self-suffidency and promot~ sttstainable commm~ty
development. Desi~~ are available for both rural and urban co~mmnities. The
rural designations are a~ by the United States Dep~ of Agriculture
(USDA) and fire Department of Housing and Urban Development (HUD) administm~ the
urban designees. En'qx~t, ent Zones are awarded $40 mflllon dollars and Enterprise
application in 1994 but did not receive any monetary award. It was designated as a Rural
CXmmpion Community wkic. h provided technical support and opened avenues for
fulxttng opportunities w~h USDA.
Vario~ conmumity groupa including the Immo~ee Main Street Board, the Immokalee
Enterprise Zone Board and tb.e Greater Immokalee Chamber of Commerce are
participa~g in the Community's efforts to submit an application for the second round of
Empowe, uamt Zone designations due to the Department of Community Affairs on
The Coaammi~ Foundation of Comer County will be the lead entity, and flsad agent for
I~,is appB_~__tion, partnering ~-_'~ c~er community organizations. The Comprehensive
Plm'm~g Section has been facilitating comm~ meeting~ and assisting in the
development of a Strategic Plan that ia an applicaticn: requirement. The Plan is intended
to enhance coordination between co,.~anity members wodcing in the areas of job
CONb"IDERATION$: Wi(h the adoption of the Resolution, the Commtmit~ Fdundation of
C. oilier County will be able to submit the application to USDA. The resolution will also identify
C. oilier County as a partner in Fanpowerment Zone process.
FISCAL IMPAq: None
res un. er Policy H2Z?. that aitemative funding sources will be
-1-
PLANNING SERVICES DEP~ DmECq'OR
DEV. AND EN'vrIRONMENTAL
-2-
DATE
DATE
-3-
]Z)<I-ITB~ I
-4-
Co~ Foom~o~
O~ COLLI~I~ COg?(TY
Cdcn Walden
P.O. B,~ 14',q)10
-5-
-6-
~~ Populardon Dam. Worksheet:
3
II
41
I
1
-7-
""'~m N II:mml A { { iMo~r. ~ ~. m P~Pm'~mTY' m dmfB m i:J~mt lB lqmm~ L,V*.
Pmmmm pmr fmPmmm mmmmlK md k imm Jmmdm
M m mdmmbd im a Inm,kmmdy ~
b' tt "YM,.' ht In mlill[~ M'eB mi[jelt .
B, Pmjmi/im & ~ M M gm
.... - memdfld Im hmm In.?
e' ~'Tm** k em mammmll,,,m m e,~ e~ m,m
b' D° "n ammm m °r M°dt mmmdmbl urns er X
dm mabmmmmd mm kma IwNm~mm d m
Immmm em 20%? o
~- D~ i Jam~ 90~ e~di lb ~mmm m~n im em Z
mommmlmmmd mum&mmm a ptqquy fan d m kmms ..
l- l:b m bi 2D~ d h fmmmlm k el ~mmu
(v4mmm d~ mmdmmd mm wmlmu el ~o er emmm
l. l:hns mm pemd -.-
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e)
-8-
· .. ..... · · ~.-, ~-~ ,,tn · H~ t~T~:StNECTION O~.I-?5/CR-9~Jl/DAVI5
OB/EC'I~'E: Establishment ofpm*ameters for the Intetclumge Mastcr Plan for Activity Center #9 at the
inttn'section ofX-75/CR-951/Davis Boulev~d.
OONSIDERATIONS: On ~ 28, 1997, the Board of Cotmv/Commissi~ adopted the Evaluation
mi Apprainl Report-based smetsdments to the Growth l~gement Plan. One of the amendments
es~b~ tl~ lmen:~ Activity Center Subdistrict. Within this Subdistri~ is a requirement to prepare
~n latemlmnge Maa~ Plan (IMP) for Activity Cen~r #9. Below is the FLUE teT. t ~g to the IMP;
"Interc~ Activity Center # 9 sh~l !~ subject to the requirement of the development of an
Imnr. lm~ Muter l'hn (Ibl~. The IMP is imended to cr~te ~n ~ "gateway" to Naples.
Ti~ IMP ~ ~ I~ initi~t~l by tl~ ~ owners ~nd/or ~ representatives by me. Gag
wi~ fl~ County plmming ~ff within 60 ~ys of ~ adoption of this Grow~ Management Plan
ammdmmt and a finding of comp~ fi'om the Departtrm~t of Community Affairs. Th~ purpose
of ~ meeting will be ~o est~bli~ n mutmlly ~co,pt~ble vision sta~-merrt for Activity Center # 9.
The ~ ~ Plan shall be adopted by Resolu~on by the Board of County
Commi~im~e~. AH r~ones therea~ shall meet the intern of the visi.,m statement.
Sul~equ~ to ~he devel~ of the vision statement, new projecm within Activity Center # 9 are
encouraged to have · unified plan of devclopmcm in the form of a Planned Unit Development. The
mbrU=e of usc~ allowed in hmrchange Activi~ Center # 9 shall include the full array of
mmm~rcial uses; re~lentinl nnd non-res/dent/al uses; ins~tut~onal uses; Business Park; hotel/motel
ut, es at a density consisient with the Land Development Code; industrial uses in the northeast,
southwest and sm,'flam~ qtmtrants. The mix and mtemit~, of land uses shall meet the intent of the
vision statement and be defined dm-rog the rezoning proce~. The entire Interchange Activity
Center is eligfl~l¢ for up to 100°,4 of the emire acreage to be developed tbr any of the use~ referenced
above, except the mnxinmm amount of commercial acreage shall not exceed 55% of the total
acreage (632,5 a~.) of Irae~lmnge Activny Center # 9. ~ tacton to consider during review of a
Stsffhas met with ~me of~ owne~.~or~ntativcs of property in Activity Center ~ at wkic'h time a
dra~ vision sta~nent ww~ Oresentecl to staff. From discussion~ with owners/rep~sentatives, it is evident
tim fnrtl~ Boa,-d direction i~ needed as to: 1) what items to include in the LMP; 2) how specific the
~muld be;, 3) wbelher the IMP slxmld ~ply to already approved PUDs or only those properties that have yet
Activity Ccntcr #9 coataim appro~tely 63~ ac-rca. Existing, developed land uses include commercial
uaea~ serving the traveling public, and comprise,Wl~rz,~tely
Airily 190 acres of conunerdal zon~ (30% of Activity Center) and 218 acr~ of~l zoning
· (~[~4 of Activity Center) ar~ approved but undeveloped. ~tely 106 acres of new coc~u~rcial
zoning may be approved within this Activity Center. Additionally, the balance of the land is eligible for
As this Activity C. eater is an entryway into the Naples Urban area, appropriate, unified design elements and
stamlards are warramed ~o present ma attractive, positive image. This is true of road rights-of-ways as well
Golden Cr~ Heal~ l~k PUD, located ~ ~ ~~ ~t of L75 ~ ~-951, h ~v~ f~ a
~ ~ ~ ~ offi~s ~d f~ifi~, ~ ~ ~~1 ~ ~ ~ ~; ~d
~g ~ ~ ~ ~ (6.8 DU/A). ~ ~ is ~d~el~ ~ ~ ~ ~ ]~g~ ~ m~t m
~M a ~ ~ ~ ~. ~ BCC ~o~ly ~ed ~s P~ ~ ~ ~g ~~ of~e
~M ~l~ ~e ~ ~ ~c ~ ~ m ~it c~g~ m ~ ~ ~ m ~to~ 8,
1~. ~ ~ ~ ~ ~ ~ifi~t ~ of~ ~ ~ (12%), ~ o~ % of~ l~d ~
~1~ ~& ~ ~ ~ a ~g of ~l~e ~ ~ ~.
IrL*~.AL IMPACT: Cost of stafftime to prqmrc the Interchange Master Plan Resolution and zoning
ow~day dis~cc ~tio~ of this Interchange Master Plan is mandated by the Growth M~agern~t Plan,
and ia included ia the Planning S~vi~ Department work program.
GROWTt[ MANA~ IMtPACT: This item will implement a provision in the Futura Land Use
RECO~ATION
Staffrecomm~d~ and. is ~king BCC authorization, for the following items to be included in the ·
ameadmcm for Golden C-~ Health Park PUD, as required by the Lind De~lopmcnt Cod~ PUD stmsetemg
provision, be extended mltil ~0 days aicpa· the Illterchangc Master Plan has been adopted.
· USES - amou~ and type of land uses; mixture and pcrccat of land uses; location of uses.
· TRANSPORTATION and ACCF~S - traffic gener,,tion volume and characteristics of uses; shared
access;, frontage roads; r~stricted or proh?bited acorns.
im~.
· SlO'NAGE - development of unified signage plan for the Interchange.
· BUR.DING DESK~N- spozific architectural stamlards for buildings.
- APPLICABILITY TO EXISTING ZONING and DEVELO~. should the above provisions apply
~ [}ropexties that are zoned but undeveloped, and ~es that are partially developed.
t4,1
.~ ~.,, ~- ~ ~ i},~'LI~,~E~'A'I'tON, a ~-neral statement in thc P,e~o~ requiring compliance with
~'~ ~ ~ (~ ~ ~ ~ ~g ~) ~t ~ to all
4
EXEC~ S~
IIm
(~,~ollrrl. i IBN/~EIIENT IIPACT: None
.l"lou~md Urban Improvement
Vkment A. Cautero, AlCP, Administ~or
AUG 0 ,~ 1998
p;. /
FIRST AMENDMENT TO TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND THE C1TY OF EVERGLADES REGARDING EVERGLADES
NATIONAL PARK REDEDICATION
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this
day of , 1998, by ~nd between The City of Everglades, h~ referred to as
"GRANTEE" and Collier County, a political subdivision of the State of Florida, hereinafter
referred to as "COUNTY."
WHI~EAS, lhe GRANTEE and the COUNTY entered into a 1997 Tourism Agreement
a~t__~l November 4, 1997 (the "Tourism Agreement") in the amount of $148,800.00; and
WHEREAS, the GRANTEE desires to amend the line item budget attached as Exhibit
"A" to the Tourinn ~ent; and
~, the GRANTEE and the COUNTY desire to amend the Tourism Agreement.
WITNESS~:
NOW, ~ORE, BASED ON TI~ MI.rrUAL COVENANTS HEREIN AND
OTHER VALUAPv ~ CONSIDERATION, 1T IS MUTUALLY AGREED AS FOLLOWS:
1. F. xtn'bit "A" to the Tourism Agreement shall be deleted in its entirety and r~placed
with th~ ~ Exhibit "A" attached to this amendment
2. Except ns set forth her~m, all of the t~ms and provisions of the Tourism Agreement
~ renu~ in full force and effect.
IN WITNESS WHEREOF, the GRANTEE and COUNTY have each respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first above
DATED:
DWIGHT E. BROC'~ Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
BARBARA B. BERRY, Chaixman
City of E~-rs~
BR~
$72,600 $93,100
o $12,000
$35,700 $35,700
$I,000
$24,~00
$I~,000
s1~8oo s~48,8oo
~:',.;~..=. ~ IMPP~EM~TB FOR THE ~ PLAT OF 'PAP~ PLACE WEST"
~~~an~ final accept:ance o~ "Pa~ Place
:::':';:"~' . preli~~ accept~ce of the roadway, ~ainage, water ~d
s~r i~r~nts in "Park Place West".
23, 1991, the Board of County Commissioners granted
The roadway, drainage, water and sewer improvements not
required by the plat to be maintained by the project's
homeowners association will be maintained by the County.
g
The required improvements have been constructed in accordance
with the Land Development Code. The County Development
Services has inspected the improvements and is recoHa,~nding
final accepta-ce of the improvements.
A resolution for final acceptance has been prepared and
approved by ~he County Attorney's Office. A copy of the
document is attached.
The roadway, dra/nage water and sewer improvements not requi~ed to
be mintained by ~he project's homeowners associa=ion will be
· maintained by the County Transportation Department and the County
Utility Divisione. Funds for the routine maintenance and upkeep
w~ll come from t~e Operations and Maintenance budgets of the
Transportation Services add Utility Divisions.
None
AUG 0 a. 1998
.;. ,,,/ _
Park Place West
;i~i~u..:~.;~U ~ Board of County Co~/ssioners grant fi~l accep~ce of
West, ~ release the ~inte~ce
??1. Au~r~ze the ~~ to exe~te the attached resolution
security.
Date
Date
Co~m~t¥ Dev. and Environmental Svcs. DIVISION
J~H
1
4
6
7
9
10
11
12
13
14
15
16
17
RESOLUTION AUTHORrTrNG FINAL ACCEFTANCE DF
THOSE ROADWAY, DRAINAGE, WATER AND SEWER
IMPRO~S IN PARK PLACE WEST, RELEASE OF
THE MAINI'ENANCE SECURITY, AND ACCEFflNG THE
MAINTENANCE RESPONSIBILITY FOR THE
ROADWAY, DRAINAGE, WATER AND SEWER
IMPRO~$ THAT ARE NOT REQUIRED TO BE
MAINTAINED BY THE HOMEOWNERS ASSOCIATION.
WHEREAS, the Board of Comw/Co-~!~oners of Colli= County, Florida, on ~
20, 1990, approved the p~t of Park Plw. e Wes~ formco~ing; and
19 md sew~ tmprovements in accordance with ~he ~ phns and Sl~Cificagons and as
20 required bY the Lind Developmem Code (CoRier C~w~iy Ordinance No. 91.102, as amended);
21 and the Utilities Standards and Procedur~ Ordinance (Colller County Ordinance No. 97.17), and
24
25 er tmlm~emen~s and release of his maintenance sec~ty;, and
27
28
29
30
_2
34
~9
4O
41
42
43
44
45
26 WItEREAS. the Con. Ii.ce Services Sect/on of the Development Serv/ces
acer'prance of said facilities.
NOW, THEREFORE, BE IT RESOLVED BY TIlE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final ~ be ~nted for
those footway, dra~ war= and sewer improv~m~ in Park Place West, snd authorize the
Clerk to r~leaae ~he maintenance sec~iry.
46
47
49
5O
53
57
58
36 ,,--m,~ce aha omer attendant costs for the roadway, dr~e, ~ and sewer impro~
37 that m'e not r~quir~t to be mainta~ed by the homeowners associatio~
This Resol~ adopted after motion, second and majority vote favoring same.
BOARD OF COUNTY COMMISSIONERS
COl/mR COUNTY, FLORR)A
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
By:.
BARBAP, A B. BERRY, CHAIRMAN
He/d/F. Ashton -
AUG 0 4 1998
Lq98
EXECUTIVE SUMMARy
APPROVE TOURIST DEVELOPMENT CATEGORY 'A" FUNDING
APPLICATIONS FOR BEACH MAINTENANCE AND INLET MANAGEMENT
PROJECTS.
~.a]~.,~.~: To obtain approval of funding applications for the following projects:
Annual monitoring services for the Marco Island Beach Renourishment
Project -$110.935.00
· Establisltment of a Reserve Funding Account for Emergency Dredging at
Wiggins Pass- $50.000.00
Addition of a 10% contingency allowance to the Professional Services Agreement
with Coastal Engineering Consultants, Inc. for Implementation of the Wiggins
Pass Inlet Management Plan-
· Replenishment of the existing Upland Sand Stockpile and renewal of thc
Agrecmcnt with Bonita Grande Sand Company- ~
Production ann stockpiling of 400,000 cubic yards of Upland Sand for
maintenance of Collier County beaches- ~ (To be distributed
over three fiscal years; proposed approprir+.ion for FY 98/99-~.~.,~
Professional Services to perform monitoring requirements associated with thc
Clam Pass Maintenance Dredging Project- $17.600.00
CONSIDERATIONS: On July 27, 1998, the Tourist Development Council
considered the above noted applications for Category WA" funding. All applications
were reviewed by the Beach Renourishment/Maintenance Committee on July 9, 1998
and were forwarded to the Tourist Development Council with recommendations for
approval. The Board will be advised of the results of the TDC recommendations
relative to these funding applications during thc presentation of this item on the
agenda.
FISCAL IMFACT:
Cost:
Fund:
Cost Center:
$1,335,$$3.20; to be obligated in the budgets for FY 97/98 and FY 98/99.
(195) Tourist Development - 60%.
(110406) Beach Renourishz~ent, Category A and (110420)
Wiggins Pass Dredging.
Hxecutlvo Summary
Tourist Develo ant Funding
Page Two
ProJO~ Numbers: (80218) Marco Beach Maintcnan
(80222) Clam Pass Inlet Management
--. (8022~) County Beach Re~ourishment
(802260 Wiggins Pass Inlet Management
for this obligation. Budget amendments are necessary whereby
fnnds will be transferred from the reserves of Fund 195 t~ the
appropriate expenditure categories under the applicable
project numbers.
GROWTH MANAGEMENT IMPACT: None
RECOM~ENDATIO[~: That the Board of County Commissioners:
1. Approve the ax~,ched grant applications for Tourist Development funding in the
amount of $1,335,$53.20.
2. Approve the necessary budget amendments.
PREPARED BY:
REVIEWED BY:
Harold E. Huber, Project Manager III
Office of Capital Projects Management
......... DATE. ~ 2~==~~_~
Richard Hellriegel, P.E., lnte~'m Director ' ~~
Office of Capital Projects Management
'REVIEWED BY DATE, ~s~___.~
Public Works Administrator
attachment
~: Beach ~oufi~e~aintenan~ Committee
Ore~ Mih~tc, E~no~c Devclopm~t Dircctor
N,4 TURAL RF~OURCES M,4NA(~EMENT
735 STH STREET SOUTH, N,4PLES, FL 34102
941-434-4655 Suncom 974-4655
F,4X NO. 941..434-3059
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
Thelattached request for TDC Category A funding, submitted by the
Collier County Board of County Commissioners :
to be used for Annual monitoring services for the Marco Island
Beach Renourishment Project during FY 1998/99:
is recommended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Date 09 July 1998
Collier County Tourist Development Council
GRANT APPLICATION'
Beach Renourlshment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Off, ce
3301 £~st TamiamJ Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
3. Organization's Chief O~cial and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
Brief Project Description:
Annual Monitoring Services for the
Marco Xsland Beach Renourishment
Project during FY 98/99
Grant Application
Page 2
Estimated project start date: September. 1~1~
Estimated project duration:. One (1~ ~'~nr
Total amount requested: $110.935.0Q
If the full amount requested cannot be awarded, can the program/project be
restructured to accommodate a smaller award?.
Yes No X
Identify the goals and objectives for the project:
Tho project consists of those professional services necessary to:
a) Perform post-construction mopitoring as required by special
conditions contained in the construction permits.
Provide design and permit coordination related to various
maintenance activities within the project limits.
10.
]1.
Describe what benefits will be received from the project:
The information and data provided by these services will be used to evaluate
the performance of the Beach ttestoration Project and enable proper planning
for maintenance a~ivities.
Describe how the effectiveness of the project will be evaluated:
Results of' the monitoring services will be presented in report form to the
permitting agencies and the Beach Renourishment/Maintenance Committee
for review and recommendations as to future activities necessary to maintain
the integrity of'the Beach Restoration Project.
12.
Describe how the project enhances existing County Tourist
Development programs:
'0
Proper maintenance of the Beach Restoration Project will help to ensure the
viability of the area's major tourist attraction.
Grant Application
Page 3 ·
Describe how financial resonrces will be monitored:
The project budget will be managed through the existing financial and
management structure of' Collier County and will be administered by a project
manager in the Office of' Capital Projects Management.
Tho basis of tho project budget consists of the estimate of' additional
services to be performed under the Professional Services Agreement
with Coastal Engineering Consultants. Inc.
The total amount of the proposed budget is $110.93~.00.
Please complete the following questions and provide additional
ir, formation, sf necessary:
Does the proposed expenditure further the objectives
outlined in the Mission Statement?
Yes(X ) No( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of' the County?
Yes(X) No( )
Does the proposed expenditure promote environmental awareness
and understanding and does the proposed project address
environmental considerations?
Yes(X) No( )
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dredging/
management projects?
Yes(X) No( )
Is the proposed Project required by a regulatorY agency as
a condition for approval/fi2nding the Collier County beach
restoration projects?
Yes(X) No( )
j'~i".~~' Collier County Tourist Development Council
..~ Grant Application
Page 4
Will tho proposed project contribute significantly to the
pro~ress of the beach restoration projects?
Yes(x) No( )
Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasin$ the local/non-local ratio?
Yes ( ) No(X)
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( X ) No ( )
Is there a potential for an alternative/matchin~ funding
source?
Yes( ) No(X)
If"Yes", please identify
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of' County
Commission action?
Yes(X) No( )
Has the project been reviewed and recommended by the
Beach Renourishment/~aintenance Advisory Committee?
Yes. This application will be considered by the B~ach
Renourishment/Maintenance Cor,~mittee at their regularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
Collier County Tourist Development Council
Grant Application
".Page 5
~2 i~.'. ':' X h~, re?d th, Beach Renourishment and Pass Guidelines and criteria and agree that
~:[:5 ~:." my organ~ation ~1 ~omply with all guidelines and criteria
*Director of Office of Capital Projects Management authorized to sign Category "A'
applications on behalf of the Chairman of the Board of County Commissioners.
Approved by Board of County Commissiot?er~, on August 24, 1993, Agenda Item 16
(2).
HEH/Ibll 1478
Collier County Tourist Dzvelopment Council
· 'Grant Application
Page 6
1PROSE,~T BUDGET
MARCO ISLAND BEACH RENOURISHMENT
ANNUAL MONITORING (FY 98/99)
Assist Owner Relative to Agency Required Permit Stipulations
a. Aerial Photographs
b. Beach and OfFshore Profiles
c. Shoal Maps
d. Monitoring Assessment
e. Report Preparation, Compilation and Printing
· f. Administration
Provide Owner Authorized Additional Services
a. Design and Coordination of Maintenance Activities
Contingency (10%)
TOTAL
'~,MQ~NT
$10,200.00
$48,950.00
$ 3,000.00
$16,300.00
$ 1,500.00
$ 1,700.00
$19,200.00
$10,085.00
$110,935.00
L Tltla
et;130
' R~31
MARCO
ISLAND
1'123
1:131
GULF OF NrPXICO
R~
:
RI40
0 2000 4000
SCALE: 1" = 4000'
~',..ACI~ BY 2/91
SCK,I'H B[...~ rllJ.
~ IU4'3 ~ BY I/~1
= 1114S
!146
8000
FIGURE
THROUGH:
SUBJECT:
755 $TH STREET $Og. PI7t, N~41~LF-.$, FI. $4102
941-434-4655 Suncom 974-4655
FAX NO. 941-454-$~$9
Board of County Commissioners, Collier County
Beach Renourishment/Maintenance Committee
Collier County Tourist Development Council
Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached r~quest for TDC Category A funding, submitted by the
Collier County Board of County Conurissicners :
to be used for, Establishing a reserve funding account for emerg-
g~ncy dredging at Wiggins Pass :
is recommended to be:
X__Approved as submitted.
Approved with the following changes:
Deferred to: ·
Disapproved.
Comments:
Date
09 July 1998
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourlshment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
:t301 East Tamiami Trail
Naples, FL 34112
Name and Address of' Applicant Orga:~ization:
Collier County Board of County Commissioners
3301 TamJami Trail East
Naples, Florida 34112
Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
Organization's Chief' Official and Title:
Commissioacr Barbara B. Berry
Chairman
Board of' County Commissioners
Brief' Project Description:
Establishment of a Reserve Funding Account for
Emergency Dredging at Wiggins Pass
~,omer ~..ounty l ourist Development Council
Grant Application
Pago 2 ·
Estimated project start date: September. 1PPll
Estimated project duration: One (1) _veal'
Total amount requested: _ 5;50.000.00
If the full amount requested cannot be awarded, can the program/project be
restructured to accommodate a smaller award?.'
Yes _ No X
Identify the goals and objectives for the project:
The project consists of establishment of a reserve funding account to
enable emergency dredging at Wiggins Pass to be performed in a
timely manner.
10.
Describe what benefits will be received from the project:
The proposed dredging activity, when deemed necessary, will provide the
ability to maintain the minimum operating depth in the channel as recommended
in the Wiggins P~ss Inlet Management Plan.
I1.
12.
Describe how the effectiveness of the project will be evaluated:
Performance of the monitoring element of the Inlet Management Plan will
provide the vehicle for evaluation of the impacts from this activity.
Describe how the project enhances existing County Tourist
Development prggrams:
This activity will enhance compliance with the navigation and public safety
element of the Inlet Management Plan and thereby help to ensure the viability
of a major tourist attraction in the area.
13. Describe how financial resources will be monitored:
The project budget will be managed through the existing financial and
management structure of Collier County and will be administered by a project
manager in the Office of Capital Projects Management.
Collier County Tourist Development Council
Grant Application
Page 3
14.
The basis of the project budget consists of the estimate of contractual services
necessary to perform the proposed dredging activity on an annual basis.
The total amount of the proposed budget is $50.000.00
Please complete the following questions and provide additional
information, if necessary:
Does the proposed expenditure further the objectives
outlined in the Mission Statement?
Yes(X ) No( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes(X) No( )
Does the proposed expenditure promote environmental awareness
and understanding and does the proposed project address
environmental considerations?
Yes(X) No( )
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dr, edging/
management projects?
Yes(x) No( )
Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes ( ) No (X)
Will the proposed project contribute significantly to the progress of the
beach restoration projects?
Yes( ) No(X)
Collier County Tourist Development Council
Grant Application
Page 4
Will the project decrease the local cost share of an o',;erall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No(X)
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes(X) No( )
Is there a potential for an alternative/matching funding
source?
Yes ( )
If "Yes", please identify
No(X)
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes(X) No( )
Has the project been reviewed and recommended by the
Beach Renourishment/Maintenance Adviiory Committee?
Yes. This application will be considered by the Beach
Renourishment/Maintenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
under separate cover.
Collier County Tourist Development Council
Grant Application
have read the Beach Renourishment and Pass Guidelines and criteria and agree that
my organization will ~o~~with all guidelines and criteria.
Signature of Organiz~tionFs ~l~ief OffiCi]ti or~ignee*
Date:
*Director of Office of Capital Projects Management authorized to sign Category "A"
applications on behalf of the Chairman of the Board of County Commissioners.
Approved by Board of County Commissioners on August 24, 1993, Agenda Item 16
(H) (2).
Collier County Toutlst Development Council
Grant Application
Page 6
PROJECT BUDGET
RESERVE FUNDING ACCOUNT
EMERGENCY DREDGING AT WIGGINS PASS
ACTIVITY
1. Mobilization/Demobilization - (4 each (~ 51,500.00)
:2. Barge and Crane - (176 hrs. (~ $250.00)
TOTAL
~.MOUNT
$ 6,000.00
$44.000.00
$50,000.00
i .,._ /7
NA TUR,4L RF-~OURCF_.S MAN/IGEMENT
735 8TH $~'REET $OUY'H, NAPLES, FL 34102
941,.454-4655 $#ncom 974-4655
FAX NO. 941.434-.1059
TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
THROUGH: Collier County Tourist Development Council
SUBJECT: Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by the
Collier County Board of County Commissioners :
to be used for Addition of a 10% contingency allowance to the
professional services agreement for implementation of the Wiggins
Pass Inlet Management Plan:
is recommended to be:
__X__Approved as submitted.
___.___Approved with the following changes:
., Deferred to:
Disapproved '
Comments:
Date 09
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourlshment and Pass Maintenance
(Beach Renourishment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance) '
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami Trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
Organizatior,'s Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
Brief Project Description:
Addition of a 10% Contingency Allowance to the Professional
Services Agreement with Coastal Engineering Consultants,
Inc. for Implementation of the Wiggins Pass Inlet Management
Plan.
~rant Application
Page 2 .
Collier County Tourist Development Council
Grant Application
Page 2
6.
7.
8.
Estimated project start date:
Estimated project duration:
Total amount requested:
lanunry. 191)7
Seven f7) Year~
If the full amount requested cannot be awarded, can the
program/project be restructured to accom~nodate a smalle~ award?
Yes .... No X
10.
11.
12.
Identify the goals and objectives for the project:
The project consists of providing a 10% contingency allowance to
the original amount of the Professional Services Agreement with
Coastal Engineering Consultants, Inc. for implementation of the
Wiggins Pass Inlet Management Plan.
Describe what benefits will be received from the project:
This allowance will provide consistency with the budgets currently
established for other Category "A" projects whereby legitimate and
necessary additional services can be provided in a timely and cost
effective manner.
Describe how the effectiveness of the project will be evaluated:
The Beach Renourishment/Maintenance Committee will be informed
upon each proposed use of this allowance to confirm the need and
appropriateness of same.
Describe how the project enhances exiting County Tourist
Development Programs:
This project will expedite the provision of additional services, if
necessary, for an existing and essential Tourist Development
program.
Grant Application
Page 3 ·
Collier County Tourist Development Council
Grant Applicatio~
Page 3
13. Describe how financial resources will be monitored:
Tho project budget will be managed through the existing financial
and management structure of Collier County and will be administered
by a project manager in the Office of Capital Projects Management.
The basis of the project budget consists
allowance for additional services to be
Professional Services agreement with
Consultants, Inc.
of a 10% contingency
performed .under the
Coastal Engineering
The total amount of the proposed budget is
14.
Please complete the following questions and provide additional
Information, if necessary:
Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes (X) No ( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes (X) No ( )
Does the proposed expenditure promote environmental
awareness and understanding and does the proposed project
address environmental considerations?
Yes (X) No ( )
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/
dredging/management projects?
Yes ( X ) No ( )
Page 4
Collier County Tourist Development Council
Grant Application
Page 4
I
I
Is the proposed project required by a regulatory agency as a
condition for approval/funding the Collier County beach
restoration projects?
Yes ( ) No (X)
Will the proposed project contribut~ significantly to the
progress of the beach restoration projects?
Yes (x) No ( )
Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes ( X ) No ( )
Is there a potential for an alternative/matching funding source?
Yes ( ) No (X)
If "Yes", please identify
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of' County
Commission action?
Yes (X) No ( )
/
Grant Application
Page 5 ·
Collier County Tourist Development
Grant Application
Page 5
* Has the project been reviewed and recommended, by the ~each
Kenourishmen~aintenance Adviso~ Committee?
Yes. This application will bo considered by tho Beach
Renoufishment~aintenance Committee at their regularly
scheduled meeting. Their recommendation will be fo~arded
u~der ~eparate cover. .
I have read the Beach Renourishment and. Pass Guidelines and criteria
and
agree__that my orgamzation will comply w~th all guidelines and criteria.
Date: ~(
Cate8o~ 'A' applications on
*Director of Offico of Capital Projects Management authorized to sign
behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item I6(H) (2).
HIH.Ib.11490
?.? .? ',,
.~olller County t'ourist t~evc~opment ~ounc~l
G~'ant Application
PROJECT BUDGET
Wiggins Pass Inlet Management Plan
ITEM
1.
2.
pESCRIPTION
Original Agreement
10% Contingency Allowance
REVISED BUDGET
.~MOUNT
$51.8,243.00
$1.$24.00
$$70,067.00
NA1WR~£ RF. SOURCF. S M.4N.4G£M£AT
735 SFli STREET SOUTH, NAPLES, FL $4102
941-434.4655 Suncom 974-4655
FAX A'O. 941-454-$059
TO:
FROM:
THROUGH:
SUBJECT:
Board of County Commissioners, Collier County
Beach Renourishment/Maintenance Committee
Collier County Tourist Development Council
Beach Renourishment and Pass Maintenance Funding
Request Recommendation
~'.. The ~ttached request fo~ TDC Category A funding, submitted by the
~i~:~,,~: :, Collier County Board of County Commissioners
~i'~ ':~ ' to be used for Replenishment of the exis=ing upland sand stock-
~ '~' p~le and renewal of the agreement with Bonita Grand Sand Co.:
is recommended to be:
_ Approved as submitted.
X Approved with the following changes: deletion of item 2,
$36,500.00 annual stockpile charge as per committment by Mr.
Robert Cadenhead.
Deferred to:
Disapproved.
Comments:
Date 09 July 1998~J/~~/
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Renourlshment and Pass Maintenance
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami trail
Naples, FL 34112
1. Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
2. Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-8192
Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
Brief Project Description:
Replenishment of the existing Upland Sand Stockpile and
Ren~val of the Agreement with Bonita Grande
Sand Company.
$' ~ Estimated project start date:'
Estimated Project duration:
August. 19~
One (1) Year
$170.964,~0
Total amount requested:
If the ~ull amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller award?
Yes No X
Identify the goals and objectives for the project:
The project consists of replenishing the existing stockpile of beach
sand and renewal of the Agreement with Bonita Grande Sand
Company approved by the Board of County Commissioners on
August 26, 1997.
10. Describe what benefits will be received from the project:
11.
Availability of this sand source for use on an as needed basis will enable
maintenance of the restored beaches in a manner that will enhance
longevity of the design life and effect potential long-term cost savings.
Describe how the effectiveness of the project will be evaluated:
Effective maintenance and performance of the beach fill as
designed ,will be determined through the results of the annual
project monitoring program.
12.
Describe how the project enhances existing County Tourist
Development programs:
Proper maintenance of the beach restoration projects will help to
ensure the viability of the area's major tourist attraction.
13.
14.
Describe how financial resources will be monitored:
The project budget will be managed through the existing financial
and management structure of Collier County and will be
administered by a project manager in the Office of Capital
Projects Management.
The total amount of the proposed budget is S170.694.20.
Please complete the following questions and provide additional
information, if necesso~?:
Does the proposed expenditure further the objectives
outlined in the Mission Statement?
Yes(X) No( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the County?
Yes(X) No( )
Does the proposed expenditur,., promote environmental awareness
and understanding and does the proposed project address
environmental considerations?
Yes ( ) No (X)
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dredging/
management projects?
Yes(X ) No( )
Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes( ) No(X)
Will the proposed project contribute significantly to the
progress of' the beach restoration projects?
Yes(X) No( )
Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes (x) No( )
Will the project intprove understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes (X) No~ )
Is there a potential for an alternative/matching funding
source?
Yes( ) No(X)
If "Yes", please identify
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Con, mission action?
Yes(X) No( )
Has the project been reviewed and recommended by the
Beach Renourishment/lVlaintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Maintenance Committee at their regularly
schr~duled meeting. Their recommendation will be forwarded
under .~¢parate cover.
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my_ organization w{ll Comply with, all guidelines and criteria.
Signature of 0~ganxzatlon's Chief ~ffic~al or Designee*
Date:
~Director of Off,.ce of Capital Projects Management authorized to sign
Category "A" apphcations on behalf of the Cha'irman of the Bo. ard of County
Commissioners. Approved by Board of County Commissioners on August 24,
1993, Agenda Xtem 16 (H) (2).
HEH/IlO! l.~g2
Collier County Tourist Development Council
Grant Application
Pag~ 6
ITEM
1.
PRQJE(~T BUDGET
PRODUCTION & STOCKPILING OF BEACH SAND
BONITA GRANDE SAND COMPANY
DESCRIPTION
REPLENISHMENT
21,540 Cubic Yards (~ $6.23
Annual Stockpiling Charge
50,000 Cubic Yards (~ $0.73
TOTAL
AMOUNT
$134,194.20
a6,5oo,oo
s17o,694.2o
HEN/Ih/! 14g2
735 8TH ,STREET SOUTH, N/IPLF~, FL $4102
TO:
FROM:
THROUGH:
SUBJECT:
Board of County Commissioners, Collier County
Beach Renourishment/Maintenance Co-~mittee
Collier County Tourist Development Council
Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted by the
Collier County Board of County Commissicners :
to be used for The production and stockpiling of 400,000 cubic
yards of upland sand for maintenance of Collier County Beaches:
is recommended to be:
__X__ Approved as submitted.
_ Approved with th9 following changes:
. Deferred to:
Disapproved '
Comments:
Date 09 July 1998~/~/~
Collier County Tourist Development Council
GRANT APPLICATION
Beach Renourishment and Pass Maintenance
(Beach Renourishment and Pass Maintenance.
renourishment, restoration and erosion
control, including pass and inlet
maintenance)
Completed applications shall be submitted to the following address:
Administrator
Collier County Tourist Development Council
County Administrator's Office
3301 East Tamiami trail
Naples, FL 34112
Name and Address of Applicant Organization:
Collier County Board of County Commissioners
3301 Tamiami Trail East
Naples, Florida 34112
Contact Person, Title and Phone Number:
Harry Huber
Project Manager III
774-g 192
Organization's Chief Official and Title:
Commissioner Barbara B. Berry
Chairman
Board of County Commissioners
Bricf Project Description:
Agreement for the Production and Stockpiling of 400,000
Cubic Yards of Upland Sand for Maintenance of Collier
County 'leaches.
Grant Application
Page 2
6.
7.
8.
10.
11.
12.
Estimated project start date: September.
Estimated proje~ duration: Three (3] Years
Total amount requested:
$2.492.000,00
If the full amount requested cannot be awarded, can the
program/project be restructured to accommodate a smaller award?
Yes__ No... X
Identify the goals and objectives for the project:
The project consist~ of the production and stockpiling of 400,000 cubic
yards of beach quality sand for use in the incremental beach
maintenance plan for Collier County beaches. The production and
stockpiling will be completed within a three (3) year period, with
placement on the beach scheduled at 50,000 cubic yards over an eight
($) year period.
Describe what benefits will be received from the project:
Pro.~er maintenance of the restored beached will enhance
longevity of the design life and effect potential long-term cost
savings.
Describe how the effectiveness of the project will be evaluated:
Effective maintenance and performance of the beach fill as
designed will be determined through the results of the annual
project moniloring program.
Describe how the project enhances existing County Tourist
Development programs:
Proper maintenance of the beach restoration projects will help to
ensure the viability of the area's major tourist attraction.
Grant Applic on
Page 3
1:3.
14.
Describe how financial resources will be'monitored:
The project budget will be managed through the existing
financial and management structure of Collier County and will be
adminir~tered by a project manager in the Office of Capital
Projects Management.
The total amount of the proposed budget is ..~
Please complete the following questions, and provide additional
information, if necessary:
Does the proposed expenditure further the objectives
outlined in the Mission Statement?
Yes(x) No( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the Count).?
Yes(X) No( )
Does the proposed expenditure promote environmental awareness
and understanding and does the proposed project address
environmental considerations?
Yes(X) No( )
Is the proposed project part of the ongoing Collier County
beach restoration project and/or pass maintenance/dredging/
management projects?
Yes(X) No( )
Is the proposed Project required by a regulatory agency as
a condition for approval/funding the Collier County beach
restoration projects?
Yes( ) No(X)
Will the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes(X) No( )
Page 4
Will the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes (x) ~o( )
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes(X) No( )
Is there a potential for an alternative/matching funding
source?
Yes( ) No(X)
If "Yes", please identify
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of County
Commission action?
Yes(X) No( )
Has the project been reviewed and recommended by the
Beach Renourishment/]Vfaintenance Advisory Committee?
Yes. This application will be considered by the Beach
Renourishment/Maintenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
under ztparate cover.
Page
~:.~, ~ I have,read the Be.ach Renourishment and Pass Guidelines and criteria and
~ .... .~". ,. aaree that my organization will comply with all guidelines and criteria.
"~'~,,,": :? ~'i.' ,:., Signature of Organlzatson's CJ~ef Officz~tl' or Designee*
Date:
*Director of O~ce of Capital Projects Management authorized to sign
Catego. ry. "A" applications on behalf of the Chairman .of .the Board of County
Commtssloners. Approved by Board of County CommlSSloners on August 24,
1993, Agenda Xtem 16 (H) (2).
HSH/Ib/114S3
PROJECT
PRODUCTION & STOCKPILING O1~ BEACH SAND
DESCRIPTION
Produ~ion & Stockpiling, F.O.B.
Bonita Grande Sand Company -
400.000 cubic yai'ds @ $6.23.
AMOUNT
$2,492,000.00
.TO: Board of County Commissioners, Collier County
FROM: Beach Renourishment/Maintenance Committee
NATURAL RESOURCES MANAGEMENT
735 STil STREET SOUTH, N.4P£ES, FL 34102
941-434-4655 $~n~m 974-4655
FAX NO. 941-434-3059
THROUGH:
SUBJECT:
Collier County Tourist Development Council
Beach Renourishment and Pass Maintenance Funding
Request Recommendation
The attached request for TDC Category A funding, submitted, by the
Collier County Board of County Co:mmissioners :
to be used for Professional services associated with monitoring__
the Clam Pass maintenance dredging project : :
is recommended to be:
X Approved as submitted.
Approved with the following changes:
Deferred to:
Disapproved.
Comments:
Date 09
Collier County Tourist Development Council
GRANT APPLICATION
Beach Reuourishment and Pass Maintenance
(Beach R, enoufishment and Pass Maintcnance
renourishment, restoration and erosion
"~ '. control, including pass and inlet
maintenance) ·
~''C°mpleted. .ppliC?t~°ns shall be submitted to the follo~ng address:
Colher'County Tourist Development Council
CoUnty Administrator's Office
3~01 East Tamiami Trail
Naples, FL 34112
Colher County Board of County Commissioners
3301 Tamiami Trail East
2. Contact Person, Title and Phone Number:
Ha~ Huber
ProJect Manager III
,
3. Organization's Chief Official and Title:
Commissioner Barbara B. Ber~
Cbaiman
Bo~rd of CoUnty Commissioners
Brief Project Description:
Professional Services to perform Monitoring Requirements
associated with the Clam Pass Maintenance Dredging Project.
Grant Application
Page 2 ·
$. Estimated project start .date: ~ptember. 1998
Estimated project duration: .. One (1) Year
7. Total amount requested: %17.~00.00
8. If the full ~ount requested cannot be awarded, can the
progra~project be restructured to accommodate a smaller award?
9. Identify the goals and objectives for th~ project:
The project consists of tho~e professional se~ices necessa~ to:
special conditions contained in the ~DEP pe~t ~or the Clam
Pass Maintenance Dredging project.
The informauon and data provided by ?ese se.ices will be used to
evaluate the performance of the dredging project and enable proper
planning for future activities.
11.
12.
Describe how the effectiveness of the project will be evaluated:
Results of the monitoring services will be presented in report form to
the permitting agency for review and recommendations as to future
activities necessary to maintain the integrity of the dredging project.
Describe how the project enhances exiting County Tourist
Development Programs:
Proper maintenance of the flushing channel at Clam Pass will help. to
ensure the viability of a major tourist attraction in the area.
Collier County 1
Grant Application
Page 3
13.
Describe bow financial resources will be monitored:
The project budget will be managed through the existing financial
and management structure of Collier County and will be administered
by a project manager in the Office of Capital Projects Management.
14.
The basis of the project budget consists of the estimate of services
to be performed under a Work Order with Agnoli, Barber
Brundage, Inc.
The total amount of the proposed budget is $17.600.00.
Please complete the following questions and provide additional
information, if necessary:
Does the proposed expenditure further the objectives outlined
in the Mission Statement?
Yes ( X ) No ( )
Does the proposed expenditure fairly distribute monies to
different geographic areas of the Ccunty7
Yes (X) No ( )
Does the proposed expenditure promote environmental
awareness and understanding and does the proposed projec~
address environmental considerations?
Yes (X) No ( )
Is the proposed project part of the ongoing Collier County
beach re,aeration project and/or pass maintenance/
dredging/management projects?
Yes (X) No ( )
Is the proposed project required by a regulatory agency as a
condition for approval/funding the Collier County beach
restoration projects?
Yes ( X ) No ( )
Grant Application
.Page. 4
W~II the proposed project contribute significantly to the
progress of the beach restoration projects?
Yes (x) No ( )
Will 'the project decrease the local cost share of an overall
beach restoration project, either by decreasing the total
project cost or by increasing the local/non-local ratio?
Yes ( ) No ( X )
Will the project improve understanding of alternative
technologies that may contribute to a cost-effective beach
restoration project?
Yes (×) No ( )
Is there a potential for an alternative/matching funding source7
Yes ( ) No (X)
If "Yes*, please identify
Is the project consistent with the Collier County Growth
Management Plan and/or standing Board of Count)'
Commission action?
Yes (×) No ( )
Has the project been reviewed and recommended by the Beach
Renourishment/Maintenance Advisory Committee?
Yes.' This application will be considered by the Beach
Renou~ishment/Maintenance Committee at their regularly
scheduled meeting. Their recommendation will be forwarded
nnder separate cover.
Grant Application
Page 5
I have read the Beach Renourishment and Pass Guidelines and criteria and
agree that my organization will comply with all guidelines and criteria.
Signature of~)[ganization~' Chef Official or Designee*
Date:
*Dir.~tor of Office of Capital Projects Management authorized to sign
Category "A" applications on behalf of the Chairman of the Board of
County Commissioners. Approved by Board of County Commissioners on
August 24, 1993, Agenda Item 16(H) (2).
HIgH.Ih. 11491
Grant Application
Page 6
PROJECT BUDG~:T
CLAM PASS MAINTENANCE DREDGING
MONITORING SERVICES
1.
2.
3.
DESCRIPTION
Perform Post-Construction Surveys
Prepare Report of Monitoring Results
(10%) Contingency
TOTAL
AMOUN~
$4,000.00
I2,000.00
1.600.00
$17,600.00
Orsm Appi.! 1491
EXECUTIVE S~Y
APPROVAL OF SECOND AMENDMENT TO AGREEMENT BETWEEN
ORANGETREE UTILITY CO~LPANY A~ND COLLIER COUNTY
OBJECTIVE: To present to the Board of County Commissioners as the governing body of
Collier County, Florida, and as Ex-O~cio the Governing Board of the Collier County Water-
Sewer District, a proposed second amendment to the Agreement between the County and
Orangetree Utility Company (Orang~) and obtain its approval thereby extending the
termination date of that Agreement out one (1) year (fi'om 2011 to 2012) and authorizing
Orangetree to serve the TwinEagles development, ~hich L,~ located to the west outside of
Orangetree's certifk:ated area.
CONSIDERATIONS: The Orangettee Utility and Collier County Water-Sewer District are
parties to an Agreement, dated May 28, 1991, and amended on May 14, 1996. Both parties are
subject to Collier County Ordinance Nos. 87-13 and 91-43. Und~ the terms of the foregoing
Agreement and L~e now existing amendment to the Agreement, Orangetree has the authority to
continue operation oftheit water and sewer utilities until 201 I.
Orang~ Utility Company desires to provide water and wastewater service to TwinEagles
f~rom Orangetree. To authorize extension of the requested utility service outside of Orangetree's
Amendmem to the May 28, 1991 utility service agreemmc This Second Amendment to the
Agreement audx~zes Oransetree to provide service to property being developtd as TwinEagles
Goffand Country Club, and extends the term oflhe Agteemmt out one (1) year (f~om 2011 to
2012). Orangeeee's ontiii~ ~rea and T~' [k-ve.tol~e~ are located outside and to
tie east of the Collier CoumY Water-Sewn' District boundary.
The proposed TwinEagl~ development is on the periphery of the Corkscrew Regional
Ecosystem Watershed (CREW) aquifer recharge area. To afford ~um protection to that
groundv,~ter resource area, it is recommended that the TwinEagies development be connected to
the Orangetree Utility Company wastev,~ter system rather than milize individual septic tanks and
potable water weils. In f~-;t, during original discussions pertaining to the Twin Eagles PUD, the
Board of Count7 Commissioners requested staffto work with Orangetree Utility and TwinEagles
to effect a means of providing central water and sewer services.
Under directives hsaed by the Fl~da ~ of Envitomnental Protection {DE~
Orangem~ Utility mus~ expand its wastewat~ m~ment capacity from 45,000 gallons per day
(gix0 to 99,000 gpd to serve properties within its certificated ~ The Utility has commitments
to serve 109,300 gpd within its certificated area. To comply with its DEP permit, Orangem~e
must complete its wastewater treatment capacity expansion to 99,000 gpd not later than
December !, 1998. Orangetree is under a time press~ deadline to decide whether or not to
immediately expand its wastewater treatment facilities in excess of 99,000 ged and there,'
¢ 'my da:um~nu'exeoa- i dec '
provide additional capacity to sen'e the entire TwinEagles' development. Twin Eagles requires
~3.300 glxl of u,~'tewatet capacity. It' Orangetree is authorized by the County to serve
TwinEagles, Orangetree shall expand iu wastcwater t.,'eatment catx~ity from 45.000 ~ to
200,000 glad not later than December 1, 1998. Such expansion will ~rve the entire needs of'
TwinEagles and provide additional capacity within Orangetree's certificated area.
Ordinance No. 96-6 established the Collier County Water and Wa.ste,,ater Authority (Authority).
Regulation of On~etr~ Utilities is under the general subject matter jurisdiction of the Collier
County Water/Wastewater Authority.
Section !-18.1 of Ordinance No. 96-6 specifically grants to the Board of County Commissioners
power and authority to asstune subject matter jurisdiction over any Authority matter ifthe Board
first determines that an emergency situation exists. Exigencies of time can constitute an
"emergency" within the intent of subsection 1-1 g. ! of Ordinance No. 96-6. Considering the DEP
imposed time line for Orangetree's completion of construction, the Board can fund as a matter of
fact that such an emergency now exists and can thereby summarily assume jurisdiction over this
proposed Agreement without first having the matter decided by t]~ Utility Authority.
Under Section 1-18.7 of Ordinance No. 96-6, the Board has speci~ authority to enter into
agreements with privat~ utilities, including Orangetr~, for all legal purposes including
reservation of specific quantities of water and/or wastewater capacity and to authorize a private
County certificates private water and/or wastewater utility to provide service outside of its
certificated area. The existing Orangetree A~z~-ment with thi_~ ~ second amendment
thereto, is cleady an a~mm:nt witttin the scope of s~asection I-II.7 of Ordinance No. 96-6.
Section 1-18.7 of that Ordinance also specifies that no public bearing is r~qukM ~te to
execution of the proposed amendment to the Agreement This proposed Second Amendment to
tiffs Agr~em~t has not been add~sa~! by the County's Water and Wastewater Aut~.
The County is a party to this proposed Second Amendment for two ptuposes: (I) To extend the
Agreement out one year (~n 2011 to 2012) and (2) to autho~ Orangettee Utility to serve
water and wastewatet utility servic~ within the geographic boundaries of the TwinEagles
development. Authorization of the proposed amendment authorizes execution of the Second
Amendment and authoriz~ execution (and delivery to Orangeuee) of utility facilities easements
in specific public road rights-of, way as specified in Exhibits "B" and "C"' to the Amendment
GROWTtlMANAG~NTIMPACy: The Potable W~ and Smitary ~ Sub-
elements of the Public Facilities Element of the Growth Management Plan limit the areas whe~
the County can provide water and ~ewer services to the .~ce areas shown in the Plan and to
areas where the County bas legal commitments to provide facilities and services as of the date of
the adoption of the Plan; Both sub-elements require connection lo a County r%,ional $ystgan
when it becomes available. Existing private sector water and sewer utilities are permitted to add
2
clmy ~:n¢cut~l.d~c
AUG 0 4
customer3 provided that fill Level of S~vi~ stafldm'ds are met and the operations are in
conformance with all Department of En,,'ironmental Protection pcrmits. The DEP has cortt'umed
to Staff that Orangetme is currendy in compliance with those requirements, but that Orangem:e
must expand its v,'astewat~ treatment capacity up to not less than 99,000 gallons per da.v not
Reviewed by.. .
Ed llschner, Public Works Administrator
c my do~uments~-~ecm- I.do~
YomI. vm A~mderp & Vamadoe. P.A.
101Laulzl Oik I:Mw. ~lfile }00
SECOND AMENDMENT TO
~ AGREEMENT is made and entered into this day of
1998, by and between ROBERTO BOLLT as successor trustee by virtue of the land
trust agreement recorded at O.R. Book 1347, Page 2331 of the Public Records of
Collier County, Florida, for Orangetree Associates ('Assochte~') and
ORANGETREE UTILITY COMPANY ('Utili,T'). INVLN'EAGLF.,S
DWVEIA)~ COMPANY LTD. ('TwinEailes'), a Florida limited paxtnership
and the BOARD OF COUNTY CORONERS OF CX)~ COUNTY TH~
OO~ BODY OF COLLIER COUNTY AND AS KX-OFFICIO
GOVERNING BOARD OF TH~ COiA, W.,R COUNTY WATER~R
DIST~CT
WHERF.,A~, for tl~ Intrpose of this Agr~, th~ term 'Associntes"
"Utility' is a Florida corporn~ that is licensed to provide water tod sewer service to
the prope~, owned by 'Associa~'; the term "TwinEagles' is a Florida limited
partnership t~at is ~ owner of property to be developed ~s a residential community,
as Exl~'bit 'A'; and t~ ~ 'County' is the ~ of County Commissioners of
~, utility and C. mmty are subje~ to that certain ~ dated May
28, 1991 and record~ in O.R. Book 1623, Page 1539 and that amendment to the
agreement dated May 14, 1996 and recorded in O.R. Book 2183, F'a~,e 1517, all ofthe
AUG 0 q 1~.: ~
d.
Public Records of Collier County, as well as Collier County Ordimme$ Nos. 87-13
and 91-43: and
WHEREAS, TwinEagles has requested that Utility provide water and ~ewer
service to T~nEagles' property, and Utility is capable and willing to expand its
treatment facilities to provide such service upon the written consent of the County; and
l;~:il~g.A$,~rwinEagles will comlzuct THOSE wa. re' and sewer facilities
necessary ~thin its developtmnt and to connect its development to the Utility's
treatment plants or existin~ facilities and dedicate those facilitie~ to Utility; and
%~, TwinEagles will provide the Utility all neceasary easements and
permits for maintemme and operation of the water and sewer facilities; and
WHEREAS. Twinl:agles will pay to the Utility all deposits, charges and fees as
requited by th~ Utility'$ tariffs on file ~dth the Collier Courity Oflrw. e of Utility
Regulation; and
W]{~_.A~. ~ is willing to content to Utility providing the subject water
and ~ma, am' service to TwinEagles' property, which is outsk~ of ~ Utility's
NOW, ~RE, the parties a~,ree as follows:
'l'm ~ ~ a~ trne and ~
among Associates, Utility, and County are hereby reaffirmed in ali respects except as
follows:
Section 14 is amended to read as follows to grant a one year extemion to that
Agreement:
FOP, EARANCE BY COUNTY. At the reque of the Deve m C. oun
hereby a~rees and covenants to forbear making any formal naluest to serce the
Proje~ and T~,in~Eagles property with water or sewer r~aml utilities, either
through assm~ing the operation of the on-site facilities or by causin~ the
cormection to aa: C. oumy's off-site facilitiea until at least 2012 (being a one year
extension to the prior Agreement) and Amendment. Thereafter, the County
AUG 0 1S?S
shall giv~ om year~' advance notice to the Utility of ia formal request to
provide or af~mm utilitie~ ~-rvice~ to the Project and TwiaEagles property.
The County shall provide said utilities services to Project at the same time that
County utiliti~ ~-rvice~ are provided to TwinF. aglen property.
The Utility agree~ to complete, by December I, 1998. construction of an
expansion of ia wa~'wat~ treatment capacity to not le~ than 200,000 gallon~ per day.
and ia hereby authofizod to provide water and ~-wer ~ervice to the TwinEagle~ property
a~ the boutxlari~ thereof are descn~ in Exl~'bit 'A' hereto, utilizing the public fights
of way that ar~ described in the attached Exlzibit 'B'. Thia Agreement authoriz~
execution of tho~ ea.nettm~ and delivery of those document~ to tbe Utility. County
hereby grants to the Utility terminable water and sewer utility easements along the
public road right-of-way rcnr, e deacrihed in Exhibit 'B'. Said water and ~wer
(waztewater) utility ea.~-menu shall he ~ble by the County when the County
provklea water and ~,wer service___ to the TwinEagles develolnnext and tho ~
~ be substantially in the form attached aa Exhibit 'C'. Provision of all such sexvic~
amended by ~ Second ~ to ,~nt and ~ubjoct to Twinl:ag~e~ enterin~
m'nu of the Agrennmat, aa now atmnded.
TwinF. agle~ acknow~g~ that upon di.nconnection of its development
from the Ufility's interim facilitie~ ami conmction to the off-sit~ treatment aa.,
transmission facilitie~ operated and maintained by the County that all owners of existing
propertie~ or properd~ otherwise c.l~'ac~-rlz~ aa Water or Sewer Imlnct
Development shall be subject to the imposition of Collier County Water-Sewer District
('CCWSD') ¢itlm' watrr and/or ~ impact fee(a) a~ may be applkablo. T~gi~
shall noti~ all ownevt of property within ~ devel~ of this potential obligation by
placing specifk: written notice of same in th~ restrictive covenant~ to be recorded for
the development.
TwinEagle$ is a signatory to this Second Amendment to Agreement for
the role purpose of evidencing its request for ~rvice from Utility and to bind itself and
its successon and assigm to its obligations undcr th.is Second Amendment to
Agreemem. The Agreement between Associates, Utility and County dated May 28,
1991 and th~ Anmxln~nt to that Agreement dated May 15, I~'~6, ar~ hereby
Agreement.
This Secood Amendmem to Agreement shall be recorded_l~ in the Public
Records of Colli~ Coumy.
IN WITNE~ WHEREOF, the parties hereto have executed this agreement this
dayof ,1998.
~ Nm
COMPANY, a Florida Corporation
(L.S.)
By:
Silnsna'e
IMniM Nsms
Tim
Prl=~ Nm
STATE OF FLORID,~,
COUNTY OF COLLIER
Th~ foregoi~ imtntment was acknowledged before me this day of
, I~911, by ,as
of Orangetree Utility Company, a Florida corporation on
behalf of the corporation who is ~ personally known to me, or who has
produced as idmi~tion.
Signature of Notary Public
Printed Name of Notary
Notary Public - State of Florida
Comtniss~a No.:
ROBERTO BOLLT. as Trust~ for
Orangetree Associates
$igmm~
By:_.
STATE OF FLORIDA
COUNTY OF COLLIER
Printed Nazr~e of Notary
Noutry ~ - ~ o~ Florida
~AGLF, S DEVELOPMENT
COMPANY, LTD., a Fi' ridi
Pri.~ Name
By:.
STATE OF FLORIDA
COUNTY OF COLLIER
~ Th~ foregoing immmm~ w~ acknowledged before me thi~ .. day of
. of Twin~gles Development Company, Ltd., a Florida
ilm' _~,~_ psra~.~hlD w~o iS_ pertly known to me, or who has produced
, , as i4en~ification.
Signature of Notary Public
~!:... Dwight E. Brock, Clerk
Al~m~ed ~s ~o form md
Prime6 Name of Nomy
Nora7 Public - State of Florida
Commission No.:
BOARD OF COUNTY COMMISSIONERS
OF CO~.!.I~-R COUNTY, FLOi~mA, AS
GOVERNING BODY OF TI~ COLLIER
COUNTY AND AS EX-OFFICIO THE
GOVERNING BOARD OF ~ COMJI~
COUNTY WATER-SEWER DI$T~CT
By:
BARBARA B. BERRY, CHAIRMAN
EXHIBIT
PAGE I of
I
:-. ~ ~
PAG1 2 of 2
.~/, AIl ~$21KD A~ ~Xodhwmt in Uek :J6 (d'Oddm Oste Fjm~ u ruecxded h Plst Boak ?o lSqo
' ;'i~'F~" AIl of 25 RD Ay4, ~ in U~ 37 ofOoMen C,~ F.~stes u ~ tn Pla Gook'7, l'qo
'nd pocf~ ec01 Wd am,t ~ st tho £ut BJstf (a'Wq~ cfC,,s=q to,d M6 md
edaMb~46K.00 fbet hfmb,, d Jjijhsd ai)=t ef~ 14,.IS, 16 ssd 23 erTowud, fp
48 South, l~np :~ But, C~,Eer Cc, a,~ ~,o~L
I'AGE I of 2
Ii
I!
KI:HIBIT nB"
PAGE 2 of 2
COLLIF..R C~. FLORIDA
E2~qZI%? C
R~.~O~WI~O~ NO. ~
1
2
3 A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUAIVr TO SECTION 1-
4 ILl AND 1-11.7 OF COLLIER COUNTY ORDINANCE NO. 96.4, AS AMENDED,
$ EXERCISING TR~ BOARD OF COMMISSIONERS POWER TO INTERVENE AND
6 ASSUME JURISDICTION OVER ANY MATTER PERTAINING TO PRIVATE
7 NONID~ WATER AND WASTEWATER UTILITIES UNDER THE
8 REGIR~TORY JURISDIC/1ON OF THE COLLIER COUNTY WATER AND
9 WASTEWATER AUTHORITY, EXERCISING THE BOARD'S AUTHORITY TO
I0 ENTER INTO AGREEMENTS WITH PRIVATE UTILITIES FOR ANY LEGAL
il PURPOSF.4 AIR~RO~G ORANGETREE UTILITY COMPANY AS WATER AND
12 WASTEWATER SERV1CE PURVEYOR FOR TWIN EAGLES DEVELOPMENT,
13 UNDER THE TERMS OF SECOND AMENDMENT TO AGREEMENT BETWEEN
14 ORAN~ UTILITY COMPANY AND COLLIER COUN'IT BOARD OF
15 COMMISSIONERS AS THE GOVERNING BODY OF COLLIER COUNTY AND AS
16 EX-OlqqCIO TIIE GOVERNING BOARD FOR THE COLLIER COUNTY WATER-
17 SEWER DISTRICT.
19 WHKREA~, Collier County Resolution No. 96-104, e~cluded Collier County ~ the
:20 provi~io~ of Chapter 367. Florida Statutes. thereby assuming specified subject matter
:21 jurisdiction over all non-exempt water ~ wastcwnter utilities operating in unincorporated arcas
22 ofCollier Qxm~. md
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
WIIEREAS, Collier County Ordinance No. 96-6, as amended, established the Collier
County Water and Wastewater Authority (AUTHORITY) with specific powers and duties; and
WHEREAS, Section 1-18.1 and Section 1-18.7 of Collier County Ordinan~ No. 96-6,
as amended, authorizes this Board of Commissioners (BOARD) to intervene and assume
jm isdiction over any action before that AUTHORITY; and
WHEREAS, the BOARD as the governing body of Collier County, Florida, and Ex-
Officio the Governing Board of tho Collier County Water. Sewer Dim'ict is a party to First
Amemfme~ to Agreemem between Oran~etrce Utility Company fU'I'ILITY) ~ Collier County;,
WHEREAS, UTILITY is the holder of Water C. mificate No. 02W and Wastewater
Certificate No. OaS, issued by the BOARD on CL--tober 15, 1996; and
WIIEREA~ TwinEagles Development Company, LTD ('DEVELOPER) is developing
an area that is outside of the UTILITY'S certificated area; and
WHEREAS, DEVELOPER has requested water and wastewater service from UTILITY
to the ~ to he developed; and
WHEREAS, UTILITY desires to provide the requested water and wastew~e
DEVELOPER; and
AU6 0 1998
2 co~sidarinl a drayton whe~' a l~ivat, utility ma7 ex~end servica outsida ot its certifi~ ~
4
6
7
8
9
10
I!
12
13
14
I$
16
2.
3.
Wl~tha the Utility sys~'m hu su~cient utility cap~city to serve the proposed ar~ u
4. Whether such service will protect the public health, safety and welfare.
S. 3;q/J~qb~ the application conflicts with the County's Joc~l compr~ensive plan, including
capitsd imlwovement ¢lcme~ and
WH'~'RLf~% the proposed Second Amendment to ^grccm~t llctwam LFTILITY tnd
17 COUNTY, incoqxwa~ her~n u Attachment 'A", extends the termi~tion data of said
18 ,gtoemout on~ (I y~r), fn~m 2011 to 2012, and authorizes UTILITY to provide specified
19 quantities of wate~ and w~stawater service to the DEVELOPER in an area that is outside ofthe
20 UTILITY'S omiflc~d area.
21 NOW, THEREFORK, BE IT RESOLVED BY THE BOARD OF COUNTY
22 COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that:
23 1. This applica~on fro' service has been made in good faith.
24
2~
26
27
28
29
30
31
32
33
34
35
36
37
38
That ~x)n payment to the UTILITY of Service Availability Clm~es as authorized by the
t,rFiIJTY'S filed tariffs, tl~ UTILITY will have su~cient monc'taz7 resoumes to provide the
· equested service to se~e the DEVELOPER'S requested nceds.
3. The UTTLITY'S sy~em will as of December I, 1998, have ~flicient mility capacity to serve
the DEVELOPER'S proposed area as r~quested.
4. Th~ reque~ed service will protect the lmblic health, snfcty sad welfare.
5. T]~ application does no~ conflict with the County's local comprehensive plan. including
capital improvement elements.
6. The ~ Amendment to A~ement between UTILITY and COUNTY attached hereto as
Att~'.hment 'A" is approved.
This Rest)lt.'t/on adopted after motion..~'___-cmd and majority vote favoring same this day of
39 ,1998.
40 BOARD OF COUNTY COMMIS~ONE]IS
41 A~: OF COLLIER COUNTY', FLORIDA
42 DWlGHT E. BROCK..
43
44 By:. ~ By:.
4645 ~ty Clerk BARBARA B. BERRY, Chairman
47 Approved ~s to form and
4/ 4 k_ t C°unty Att°rneY
Attachment "A"
EXECUTIVE SUMMARY
C,4~t~der~m of an Intedocal Agreement Allowing for the Investigation of
the C~ of · Multi-County Utility Authority for the Purpoc. e of Acquiring
the Uffitty FactiMe~ Owned by Avatar Holdlngs, Inc.
~: Adoption of an intedocal agreement involving two or more of the
following local governmm~s: Bravarcl County, Collier County, Hillsborough
County, Lee County, Osceola County, Polk County and Sarasota County. Such
an interlocal agreement would be an initial step in considering the transition of
certain water and wastewater utility facilities throughout Florida into public
~ip. The attached inteflocal agreement would direct and a~ze the
Avatar Holdings, Inc. ("Avatar') are located to draft a second interlocal
agreement for the governance and the operation of a governmental utility
authority, ac, d to collectively develop a financially feasible acquisition structure
for Avatar's Florida facilities. The second interlocal agreement and structure of
any acqu~ would be subject to subsequent approvals of any participating
ConMderatiorm: ~h an interlocal agreement local governments now
possess an ability to consider bringing privately held water and/or sewer
systems under public control, while at the same time preserving the advantages
of continued private sector operations. Such a scenario has advantages for the
users and constituents affected as well es the current owner operator and local
govemmerlL This possibility has been broached with the chief executive officer
of the parent company of Golden Gate Division of Florida Cities Water
Although the parent company has previously not exh~ited any interest in
individual ~ sales, the resporme from the parent companyhas indicated a
willingnes~ to consider an acquisition proposal from an independent
governmental authority created by local governments. Such a proposal would
involve a continuing operations agreement with the current owner's service
company. The atta-.hed intedocal agreement is the first step towards creating
such an entity. The attached interlocal agreement is not bil~ing and only
facilitates ~ development of another substantially more detailed intedocal
agreement for the governance and operation of a governmental water and sewer
utility authority, while authorizing a good faith attempt to structure a tmnsac~on
that is fair and mutually beneficial to users, the owner and local govemnmnL
J~,L][]]~l~. No~e at this time. However, if an acceptable tmnsactiorml
stmcaxe matadar~es the next step would involve financial and engineering due
diligence. At that point the designated working group would 'ident'~
associated with such activity and seek local government approval before
proceeding further. Regardless, the working group will not collect any
compensation for preliminary due diligence, legal services, negotiation services,
or any other acqui~ execution ~ervices until the acquisitions are completed.
.Growth ManaaemM~ All counties must meet the comprehensive planning
requiremer~ of Cha~er 163, Florida Statutes, which mandate the Florida local
government, Including counties, coordinate their plans for future growth with
available sources of funding and the availability of infraslnmture. The provision
of utilities is a major factor in such infraslnmkJre coordination. Public ownership
of the water and wastewater utility facilities will advance and coordinate both
short and long term planning and better facilitate service and development of
water and sewer infrastructure in each county.
The governmer~l utility authority concept advances focused infrastructure
delivery guideline~ Ihat meet concurrency requirements and allows local
government and Ihe development community to better meet comprehensive plan
goals and objectives. Each local govemment will be able to integrate the
individual utility system owned and managed by the governmental utility
authority into their individual growth management goals, enabling the
governmental utility authority to tailor service, utility acquisitions, expansions
and ext~ in a manner consistent with each local government's unique
R~on: That the Board of County Commissioners adopt the
attached, non-binding, Interlocal Agreement relating to ecq~isition of certain
water and wastewater utility facilities as an initial indication to Avatar Holdings,
Inc. of the willingness of Collier County to cooperate in investigating the creation
of a govemmer~l utility authority end slnmturing an acquisition.transaction that
is fair and mutually beneficial to users, the owner, and local government.
Michael A. McNees, Assistant County Administrator
fRobert/F. Fernand~)County Administrator
,A.G A
INTE~~ AGREEMENT RELATING TO
ACQUISrrION OF CERTAIN WATER AND
WASTEWATER UTILrrY FACHATIE$
THIS IN'I'ERIXK~ AGREEMENT, dated as of June 1, 1998 (the "Interlocal
Agreement"), entered into among a limited number of local governmental units executing
this lntedocal Agreement each one ~ga county located in the Sine of Florida, and
~ga "public agency" under Part I of Chapter 163, Florida Statutes, which shall be
Brevard Cmmty, Florida, Collier County, Florida. Hillsborough County, Florida, Lee
County, Florida, O~eola County, Florida, Polk County, Florida and Sarasota County,
Florida (collectively, the "Counties"), a~ evidenced by the signatures of their authorized
WI~'.RE~ each of the Counties have the power to acqui~ own, operate, maintain,
~mprove, expand and dispose of water and wastewater utility facilities pursuant to section
125.01, Florida Statutes; and
WHEREA~, Part I of Chapter 163, Florida Statutes (the "lnterlocal Act"), permits
the Counties, as public ~cies under the Interlocal Act, to enter into interlocal agreement s
with each other to jointly exercise any power, privilege or authority which such Counties
sha~ in common and which each ~ight exercise separately, permittingthe Counties to make
the most efficient u~ oftbeir powera by enabling them to cooperate on a basis ofmutual
benefit and thereby provide services and facilities in a manner and pursuant to forms of
other factors influencing the needs and development ofsuch Counties; and
Wi~~ aection 163.01 (7)(g),Florida Statutes, authorizes the Counties, pu:zamn t
to an interlocal agreement, to create a separate legal entity to exercise the common power
of the Cotmtiea to acquire, own, improve, operate and maintain water and wastewater utility
facilities; and
WItEREAS, the Counties have determined that it is in their best interests to explor ·
the poss~ility of~g such a legal entity to acquire, own, improve, operate and maintai n
water and wastewater tMlifies, consisting of utility facilities owned by Avatar Utilities, Inc.
("AvatarS), for the following reasons:
(1) Avatar has heretofore d~tmaained that it will not en~ any offer to
purchase its ass~ on a piecemeal basis. It will sell all of its assets or none of them. The
most cost effective manner of acquiring such assets is through a legal entity created pursuant
to the Imerlocal Act. The acquisition ofthe assets by s aid legal entity will be at a purchase
price which will ansure that the rates, fees and charges paid by the customers of Avatar will
l~. ?/c~y$ 2
not be ~ ~ a comequenc~ of the ~cquisition and that ~,rvices provided ~ such
custome~ c~n be maintained or improved.
(2) All Countie~ must meet the comprehensive planning requirements of ~te r
163, Florida St~ut~which ~,~ethat Fioddalocal governments, includingthe Counties,
coordinate their plan~ for future gwwth with available sources of funding and the
availability of ~. Thc provision of utilities is a major factor in such
infrastructu~ cooniimfion. Withou~ the public ownership of the water and wastewmer
utility facilities located within the jurisdi~on of the Counties, it may be difficult for the
Counties to meet the/r statutory mandate with respec~ to the utilities element of their
r~pective ~en~e plan~.
NOW, THEREFORE, in considerafionofthe covenantsherdn, it is mutually agreed
and undemood a nong the Counties, as follows:
SECTION 1. PURPOSE. The purpose of this Interlocai Agreement is to
crea~e a working group of designated representatives of the Counties to (1) collectively
neg~_'~!o- a financially feasible acquhifion from Avatar of its water and ~ facilities
1~ in the S~te of Florida (the "Avatar Facilities"); and (2) draf~ an interlocal agreement
R~. 7/6/98 3
for the governance end the operation of a utility authority which would acquire, own,
improve, operate, and maintain the Avatar Facilities acquired by such authority.
SECTION 2. INTERF.,.Vr IN ACQUISITION. The Counties hereby express
their interest in exploring the poss~ility of acquiring the Avatar Facilities under the
following acquisifionprinciples: (1) no rate in~ for any ofth¢ ratepayers ofany system
will occur as a consequence of the acquisition; (2) the ratepayers of one system will not
subsidize improvernentsrequired at acquisition or future improvements of any other system;
and (3) the oor?ni?ntlonal and financial structure of the utility authority to be crrated will
grant to each County the right to acquire the Avatar Facilities located within the jurisdictio n
of the County at such time, ifany, it deems appropriate. It is the tmderstandingofthe parties
herr-to that expression of such interest is a condition precedent to negotiating the purchase
price for the Avatar Facilities.
SEC'rION 3.
COUNTY WORKING GROUP. Thc Cotmt¥ Manager or
Administrator, as the case may be, of each County, or his or her designated repres~fiv~,
shall con.stiv.~ a working group to represent the Counties in directin~ nh6 eot~ulting with
thc NegotiationTeam in the negotiation of an advantageous purchase price, the development
of an implementable financing plan, and the drafting of the interlocal agreement prescribin g
the smlclxn~ and powers of the utility authority.
t'=--;-~,; ..... ~__
4 ., ....L_
Si~CTION 4. APPROVAL OF NEC, OTIATION TEAM. The parties hereto
agr~ that the Negotistion Team consists of the following fa'ms: (A) as special utility
counsel - Nabom, Cn'blin & Nickerson, P.A.; (15) as rate consultant- Public Resources
Management Group, Inc.; and (C) as investment banker- Prager, McCarthy & Sealy. It is
recognized by the Counties that they shall have no 5nancial liability to any of the members
of the Negotiation Team prior to negotiation of an acquisition agreemmt with Avatar
acceptable tothe governingboard of the utility authority. Fees and expenses payable to each
member of the Negotiation Team shall arise only upon successful negotiation of an
agreement with Avatar and transfer of the Avatar Facilities to the utility authority.
SlgCTION 5. FUTURE APPROVAL. The Counties in no way obligate
themselves to ~blishing the utility authority regardless of the outcome of the negotiation s
with Avatar. Establishment of the utility authority and the participation of each County
therein will be subject to subsequent action by the governi_ng body of each County that elect s
to participate.
SECTION 6. NO LIABILITY. Actions taken pursuant to this Interlocal
Agr~em~ shall not cause an~t pecuniary Iiability to arise to either the parties hereto or the
~tatives of such parties. This undertaking is solely for the purpose of establishing
a collec~c mecha~m to ncgoti~.te with Avatar for the acquisition of the Avatar Facilities,
R~'v. 7/~ ~5 '"-'~- :"'.' '"'"-'-
'-'
as well ns es~ab~ofan interlocal a/reement which would create the utility authority
to acquire, own, operate, maimah and 'tmprove the Avam- Fac/l/ties.
SECTION 7. FILING. A copy of this InterlocalAgreement shall be filed fo r
record with the Clerk of the C/rcuit Court in each County.
SECTION 8. CONTROLLING LAW. This Interlocal Agreement is to be
~ m~d ~vemed by fl~e laws of the State of Flodda.
SECTION 9.
effective from its date.
EFFECTIVE DATE.
This Interlocal Agreement shall be
6
BREVARD COLrNTY, I~IX)RIDA
By:.
7'
COLLIER COUlV~, FLORIDA
By:
Chairman
ItlLLSBOROUGH COUNTY, FLORIDA
By:
LEE COUNTY, FLORIDA
By: '
~0
OSCEOLA COUNTY, FLoI~mA
By~
POLK COU/~TY, FLORID~
By:
A RE,.qOLUTION OF THE BOARD OF COUNTY
COMMISSIO~ O.t-~' COLLIER COUNTY, FLORIDA,
APPROVING THE INTERIX)CAL AGREEMENT
RELATING TO THE POSSIBLE ACQUIS~ON OF
CERTAIN WATER AND WASTEWATER UTILITY
FACIIJTIES; AND PROVIDING AN EFFFAL"I'iVE DATE.
WHEII~_,~,~, Collier County, Florida (the "County") has the power to acquire, own,
improve, operate and maintain water and wastewater utility facilities pursuant to Section
125.01, Florida Statutes; and.
WHEREAS, Part I of Cha.pter 163, Florida Statutes (the "Interlocal Act"), permits
the County, as a public agency under the Interlocal Act, to enter into interlocal agreements
with other public agencies to jointly exercise any power, privilege or authority which such
public agency shar~ in common and which each might exercise separately, permitting the
public agencies to make the most efficient use of their powers by enabling them to cooperate
on a basis of mutual benefit and thereby provide services and facilities in a manner and
pursuant to forms of governmental organi?otion that will accord best with geographic,
economic, popul~on and other factors influencing the needs and development of such
public agencies; and
WHEREAS, Section 163.01(7)(g),Florida Statutes, authorizes the County and other
public agencies, pursuant to an interlocal agreement, to create a separate legal entity to
exercise thc common power of the public agencies to acquire, own, improve, operate and
maintain water and wastewater utility facilities; and
WHEREAS, the County has determined that it is in its best interests to explore the
poss~ility of creating ~ a legal entity to acquire, own, improve, operate and maintain
water and was~..*wa~erutilities, consisting of utility facilities owned by Avatar Utilities, Inc.
("Avatar"), for the following reasons:
(1) Avatar h~s heretofore determined that it will not entertain any offer to
purchaze its a~-ts on a piecemeal basis. It will sell ali of its assets or none of them. The
most cost effect~vemanner of acquiring such asse~ is through a legal entity created pursuant
to the Interlocal Act. The acquisition of the assets by s aid legal entity will be at a purchase
price which will ensure that the rates, fees and charges paid by the customers of Avatar will
not be increas~ as a consequence of the acquisition and that services provided to such
(2) All public agencies must meet the comprehensive planning requirements of
Chapter 163, Florida Sumites, which mandate that Florida local governments, including the
County, coordir~m~their plans for future growth with available sources of funding and the
availability of infrastructure. Thc provision of utilities is a major factor in such
infrastructure coordination. Without the public ownership of the water and wastewater
utility facilities located within the jurisdiction of the public agencies, it may be difficult for
such public agencies to meet their statutory rnandat¢ with respect to the utilities element of
their respective comprehensive plans; and
~~'.,i S, the County deems it necessary, desirable and in the best interest of the
County to enter into the Iuterlocal Agreement;
BE IT RESOLVED B Y THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY FOR ~ RESOLUTION. This Resolution is
adopted pursuant to the provisions of Chapter 125, Florida Statutes, Part I of Chapter 163,
Florida Statutes, and other applicable provisions of law.
SECTION 2. APPROVAL OF INTERLOCAL AGREEMENT. The form,
terms and provisions of the Interlocal Agreement, submitted at this meeting and attached
hereto as Ey&ibit A (the "Interlocal Agreement"), be and the same hereby are approved. Th e
Chairman of the Board of County Commissioners (the "Board") of the County and Clerk o f
the Board are hereby authorized and directed to execute and deliver said Interlocal
Agreement in the name and on behalf of the County, with such changes, amendments,
modifications, ~i~ions and additions as approved by the Chairman. Execution by said
Chairman sh~ll be deemed to be conclusive evidence of approval of such changes,
amendments, modifications, omissions and additions.
SECTION 3. GENERAL AUTHORITY. The members of the Board and the
officers, attorneys and other agents or employees of the County are hereby author/ze d to do
all acts and things reqv~ of them by this Resolution and the Interlocal Agreement, or
desirable or consistent with the requirements hereof or thereof for the full, punctual and
con~le~ performance of all the terms, covenants and agreements contained herein or in th ·
Interlocal Agreement, and each member, employee, attorney and officer of the County is
hereby auth~and direc~edto execute and deliver any and all papers and im,'truments an d
to be and cause to be done any and all acts and things neceosary or proper for carrying out
the transactions contemp~ hereunder and under the Interlocal Agreement.
I pz. 17
~S~..CrlON 4. SEVERABILIT~. AND INVALID PROVISIONS. Ifanyoneor
more o!me cove, s~.greements or provisi ons .herein contained shall be held contrary to
~__y,_.~.~e~_ ~ _ prove., .on o.~ ..mw ~.conlrary to the policy of express law, though not ~ly
_l~__.m~_r,~ or against ptmuc poucy, or.shall for any reason whal~,:ve r be held invalid, then
such covenan~ agreemenm or provisions shall be null .an.d void and shall be deemed
sepmmble from the remaining covenants, agreements or provmons and shall in no way affect
the validity ofany of the other provisions hereof or of the Interlocal Agreement
~ON $. EFFECFIVE DATE.
PASSED AND ADOPTED, this
(SEAL)
This Resolution shall become effective
day of ,1998.
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FIX)RIDA
By:
Chairman
ATYEST:
Clerk
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~iTA
Form of Interlocal Agreement
REVIEW A S'I'AFF REPORT REGARDING THE ADMINISTRATION OF THE
COUNTY OWNED PARKS WITHIN THE CITY OF MARCO FOR FY 1998-99
OBJECrI~ To m~ke dec~iom reg;mting th~ ot~afiom o£ Cou~-o~md p~ that ~
~ ~ ~ of th~ ~.~ City of'M~:o Island.
GONSlD~,A'rlON$: Over the course of the summer the City of Marco md the County
been ~king out the dem~ of the transition to Gty Govm-anm~ On Tuesday, July 28, a
lett~ ~t from the Gty Manager that reflected the Marco Gty ~'s position on the fe~
~ i~me~ ~ discu~ed (copy attached) at the regular ~ Commission met. tin~
fs a ggxxl ~ t~ m~ve that decision for the upcoming fiscal year. ~er, it is ml!gested that
t~aer th~n a long ~ ~ a shorter term lease should be executed, at least initially. This is
~ ~ of the imbiity at this point to foresee all of the operational issues that will
year lea~e does t~nove mo~t, if not all of the incentive for the City to make decisions t~-ga~ding
owne~hip of the ~ pmpe~. As a result a lease of five one-year tea'ns is suggestecL
The leale wc~ld automatically rene~ each year unless either of the parties send x~itten notice by
In regards to the impact fees, an inter-local ~;reement would be needecL As a result, decisions
~ thSs issue nm separate and not associated ~rith the operations of the ezistir~ pa~ks and
do nc~ ~ need to be made today. ~, the rate of the impact fees collected by wa7
of the ~s ocdlmt~ result from nexus studies based on the County's established Levels of
Set, vice md overall Gttm~ Mm'~,ement Plm. It is likely, that the City ~ need to establish its
~ t~k ~ of service ~xt ordinances that would support an impact fee collected and spent
~ the Gt/'s limits. The County does collect regioml pa~k impact fees within the Gty of
Naples based on the premise that the C. oumT.wide system ofparks does benefit City residents.
Bec. m~ p~k imp~ fees m-e only collected on ne~ residential development, and because of the
nea~ budt out nature of the Gty of N~ples, the collectiom of park impact fees is sr0all. On
~ there is still ~ mb~tsmtial amount of residential development that ~ occur before build
The City h~s s~gSgsted ~ 'q~he City ~ allo~ County residents to use the f~cilifies and
~, mad ~t the same co, t as that dinged to Man:o Island residents". To clarify, it is
mggm~ ~t the ~ re~d, Whe Gty sh~ hOC discz~nLn~te or trot ~ith my distinction
m~ individu~ bemuse of ttm individual's zace, colog religion, ~ez, nation~! origin, age,
pmpe~. This LmBglge Ls pm'mined after the lease the County signed ~th the State of Florida
for the use of the Barefoot Preserve property. As indicated a lease agreement is suggested and
mucll of this type of detail c.~nbe resolved in the lease document. Hcr~z'ver, direction regar~
AU$ I) FJg8
the basic premises of the lease by the respective 6~verning bodies helps to resolve the few issues
that ~ ~4,e in advmce.
lastly, and wh~e not included in the lett~, the discussion ~ the South Beach parking lot
wmants that it be included in ~ summary. The otigiml County position regarding the parks
was based on the popOafion that the pa~k is designed to serve. The staR' confim~e~ to
t~ammd thnt using the distinctions between neighbodaood, community and regional parks is
the most ~ method. Using this method, the regional parks designed to serve a County-wide
populalioe ~e t~ that ~l continue tn be ope~ted by the Caxmty's Pa~k~ Depaxtmenc
The G:sJnty Cxxx'malsdon has also suggested that a beach paxking level of service st~mda~d
daould be comidemt foe inclusion into the ~ ~ent Plan. Retention of all of the
curmmty o~med beach paridng spaces ~ only help L-'. meeting any level of service that is
ultimatdy e~tabli~hed, should the Board decide to include this in ira comprehensive plan. There
i~ oJrmn~ n ~ rerie~dng the park impact fees, and recognition of the need for beach
Fatldng md acc~s ~ql b~ included a~ part of the discussion when completed.
GROWl*II MANAGEMENT IMPACT: Only one agency can dalm the value of the paxk
inventory ~ilff~in its comprehensive plan. However, the County's phn is being amended to
account for the t'tduced .uninc~~ population. Comm~ty P~ks level of service
~ ~ l:vaae~ on tt~ urfincotpo~ted polmlatiofl ~'file regional pm:ks are based on a
coumy-wide population. W'm~ an unincorporated population that ha~ removed the Gty of
Marco's population, the County should not need to include the Marco community p=i~ or
hwem~ ot land in ozdex to meet the ~ level of ~ervice smndan:L In addition, there i~
currm~ a mtplu$ in both the community park amenkie~ and land inventm'y.
FISCAl. IMPACT: The budget for FY 99 1~ anticipated that the openfi~ of all community
and ~ paxks would no longer be the responsibility of the County. The proposal as
~ smscnared reflects the budget ex~ctty as it has been drafted and tentatively approved by
the C. xnmnission. Nme posifiom were diminsted and opera~ expenses of $580,430 and
$177,500 in tevenu~ ~-~ not included within the Pazks Depamxaent Budget. In addition, it is
m~ipamd that the County ~d pay the Gty for the pro-rata abate of annual tennis
tnembexd~ fees ctdlect~ for the Racquet Center. This figure has yet m be calculat=d.
RECOMlVlBNDATION THAT THE BOARD OF COI. rNTY COMMISSIONERS,
~ staff to 1.) ~ negofafing a lease agreement with five one-yea~ automatically t-~
to, tins and non-dis~t~ 7 langu~ similar to that included above for the neighborhood and
community parks owned by the County that lie within the new Gty of Marco, 2.) prepare the
ckxxammts necessaxy to tr~qsfe~ the deed fox the Jme I-Iittler and Leigh Plummet Paxks to the
City md 2t.) to meet with the Gty's staff and discuss impact fees and if asked to provide
infi:amafio~ that mis~; a~t the City in the devclopment of any park impact fee~ they may ~i~h
to comide~ -~d 4.) that no park ~luipmem, vehicles or rolling stock ~11 be ttamferred to dae
Administrator
AU6 0 ½
Pg. ~
Honorable Iota Norris
Colli~- Coua~ Commissiomr, Dis~t 1
3~01 Tamiami Tmq Bast
Naples, lqodda M112
VIA FA~~ T7~-3602
~ Tramition of f~vi~
!e lsbad Oly ~ ~ag ~ tr'~sition ~smes. C,m. mctlman Day ~ed Ca)'
~ :": Comlct] thai: you intend m bring this manet before the Board of Counly Commlssloners
:,,,, ,. ;. parks to th~ City for a period of ninety-hi-c ye~ st one dollar (S1.00) per
2. Jime l~dgr m:d Ld~ P~ P~'ks will t~ ~ to tbg C'gy.
I_d~,,d faffaties will lm trm~-~l m tl~ C'~.
Park I~ F~ ~ll~l ~ tl~ City will
Th, C~ will allow Com~ r~id~u to ~ tt~ c-,d~itim mci pmsrams.
mt ~t t1~ anm oost u tlat d~ to Marco ~ ~~.
950 North 8uit~ 308, Ma.,-oo bl~d, FL 34145
Colll~r Boulev~ FiX (941) ~9-43S9
(94x) 3sg-soo0
Sinccr~y,
A~
cc: ~~
APPROVAL OF AGREEMENT FOR
AUDITING SERVICES (RFP 98-2794).
~ To obta/n Board approval to enter into contract with the finn of KPMG
Peat Marwick LLP for provision of auditing services.
CONSIDERATIONS; On July 28, 1998, The Board of County Commissioners
formally term~,,~__,:,4 negotiations with the finn of Arthur Andersen, LLP for an agreement
to conduct the Cotmty's annual external audit and related serv/ces. The Board
subsequently directed staffto negotiate an agreement for said serv/ces for the second
rnnked firm, KPMG Peat Marwick LLP and to bring the negotiated agreement back to the
Pumm~ to tho Board direction, staff'has met w/th representatives from KPMG and the
two parties have reached agreement on all terms and conctit/ons. The proposed agreement
/ncludes an in/rial term ofthree years w/th options to renew on an annual basis for up to
two add/tional years. The agreement was negotiated by the Purchasing and Finance
Departments with ass/stanc*, from the Risk Management Department and the County
Attorney', Office.
Due to the limited time available for negotiations, the contract documents have not yet
been fully executed. Accord/ngly, staffrecommends that the Board approve the
agreement and authorize the Chairman to sign it on behalf of the Board, subject to final
r~'view and approval from the County Attorney's Of'flee.
FISCAL IMPACT: The total fees for the annual audit is $215,500 which is $1,200
less than the fee offered by Andersen. Funds for the agreement are appropriated under
001-0130.
GRO~ MANAG~MgNT IMPACt: N/A.
RECOMMENDATION: That the Board of County Commissioners approve the
ref~ agreeme~ with KPMG Peat Marwick LLP for auditing services and that the
Chairman ~ authorized to sign the agreement on behalf of the Board subject to final
QUARTERLY ~ AND EXPENDITURE REl~RT - ~AL ~ I~8
CON~tv~TIONS: ln~ as an atta~ent to th_is ~ Summary is a report on
mjor revennes and expendittm from October 1, 1997 through March 31, 199S which is the end
at'the second quart~ cd'Fiscal Year 1998. Any significant variances from the quarterly budget
~ are described within the t~ of the report.
-This report was developed in accordance with Board direction to expand the scope of quarterly
~ reponin~ in order to provide a more comprehensive analysis of the County's financial
W'Ot~in the intergovernmental revenues ~, there are positive variances projected in s~es
tzx,.the 6 cent local ~ ~ tax, and in tourist development tax revenues. The current forecast
i~for Sales tax exceeds the previous forecast used during the development of the FY 99 budget by
$500,000. A final recommended sales tax for~t will be presented during the third quarterly
report, prior to the final adol~on of the FY 99 mHl~e rates in Septcmb~. In addition, the~e may
be additional state revenue shining funds available. June is the close of the state f~scal year
)une revenue Sharins allocation will also be known prior to l~e adoption of the millase
,~ates.
.'./ and in the voted (~ cent) gas utx. Due to ~he incorpo~tion of Marco Island, it was reco~i~d
· ~' ,~:~::' dtst there would be a reduction in locaJ ol~on sas tax revenues distributed to Collier Cmmty. As
::':=:,.' .:, .... (tach. a separate reserve was established in the gas tax supported Roads CIP Fund 013).
. .:'" '" Thet~ore, the~ will b~.no impact to bud~ road construction projects due to the projected
...,~ 7:: ~'-.',. slmrtfall in the five cent local option lpts tax.
In the mteqn/se funds, there are projected shortfall in amlmlance fee revenue and in Airport
Medicaid reimbm'semenls based on the results of a State of'Florida audit (presented to the Board
during thl-,*. ~scal year via sepm'a~ Exect~ve Sttmmary) and based on the actual collection rate'
, AU6 0q
The shortfafl in ahpo~ revenne is due ~o le~s than i~~ Avlps sales at both the lmmohlee
,dtte Jo the limited data un, er ~he new rn~ gtmctm'e.
That the Bonrd of C, otmty Commissionen review and ~ t~e
R.~ F~mandez, 02,,,',,ty Admini~s~or
DATE:
Iuly 28, 199~
· AU6 0 ~ ~
COLLIER COUNTY, FLORIDA
QUARTERI,Y
REVENUE & EXPENDITURE
REPORT
SECOND QUARTER
FISCAL YEAR 1998
Table of Conmnts
TABLE OF CO,'VTENTS
Oene~ ~ (0ol)
;... 'Tom, btDevelesnnmtFm2ds(193 . ~')
4
6
7
10
12
14
16
I8
20
22
24
26
AGEI~ ~
AU$ 0 ~ 1998
INTRODUCTION
A,qSUMF~ON~
~ In this report, the second quarter budgets for Personal Services expendRures reflect the
first thirteen oftwenty-liz pay periods for the fiscal year, or 50 pereent of the annual budget. Negative variances
The 9eetmd quartet' bndgets for Opeva~ expenm reflected heft. in are normally ~4} percent of
th. ammal tmdtm, tzeeptlom will be shown when pt~c~ttr deptnn~na or functio~ sren (cost ce=~) have
~h ~ il~ti~ c~ allocat~ m ~ Gene~ Fund (OOl), that m'e expended ~ 75 percent or more of
GENERAL FUND (001)
Fund Summary'
GENERAL FUND (001) 2ND QTR FY 98 EXPENDITURES
Amended [~dg~t '
2nd Qtr Budget
2nd Qtr Y-T-D
- 18,000f~O
- 16,000,000
· 14,000,000
- 12,000,000
- 10,000,000
· 8,000,000
- ~,000,000
-0
FUND TOTALS Adopted Amended 2nd Qtr 2nd Qtr % of %
Budget Bridget Budget Y-T-D Budget Variance
593,500
739300
1,361,500
611,500
160,300
406,900
6,411300
15,888,800
1,123,200
1,276,500
3,723,700
20,300
1 l,]47,100
7,437,900
62,093,000
593,500 296,750 296,2.26 49.9% -0. 1%
809,894 404,947 291,831 36.0% . ] 4.0%
1,367,541 683,771 601,013 43.9% -6. 1%
611,500 305,750 272,635 44.6% -5.4%
160300 79,650 71,649 44.7% -5.0%
467,29 ! 229,747 162,552 34.8% -14.4%
6,481381 3,240,741 3,077,556 47.5% -2.5%
16,063,995 7,779,721 7,047,968 43.9% -4.6%
1,141,200 565,850 479,565 42.0% -7.6%
] ,2r./6, ~ 85 641,343 625,828 48.3% - 1.2%
658356 329,228 287,688 43.7% -6.3%
20300 I 0,150 7 0.0% -50.0%
14,200,~30 6,896,2.55 6,896,255 48.6% 0.0%
7337,900 4,438,946 4,438,946 59.7% 0.0%
62,093,000 37,214,31M 37,214,384 59.9% 0.0%
! 13,403,646
5,256,111
I 18,659,757
63,117,232
0
63,117,232
61,764,103
0
61,764,103
Ap0roprlations
Co. Co~nissioncrs
Other General & Adrr~
Co. Attorney
Co. Administration
Ofc. of Public Info.
Oft. ofMgr & Budget
Support Se~ccs
Public Services
Co,ununity l~vd'Env.
Public Works
Cotana/Rel. Agen¢ie~
Refunds
Tfrs. Opera~ng Funds
Tfr~ C~ital Funds
Tfi's./Const Officers
Subtotal: I 12,994,800
Reserv~ 5,496,700
Total Kxpendttur~: 118,491,500
54.5% - ! .2%
0.0% N/A
AGENDA
No. ?
AUG 0 q 1998
GENERAL FUND (001)
Fund Sumn~r~ (Continued)
~ TOTALS Adopted Amended 2ad Qtr 2nd Qtr % of %
.... ~ Budget Budget ¥-T-D Bud~e¢ Vartaace
Cost Allocatiou Plan 3,182,200 3,182,200 3,I82,200 3,178,~)0 99.9*/, -0.1%
Court Fines and Fees 2,125,000 2,125,000 1,062,500 ! ,031,357 48_~% -! .5%
Ad VaJorun Taxes 71,~.,S00 71 ,~)2,500 64,164,056 64,256,119 89.4% 0.I %
StaU Saks Ts~ 14,,642,400 14,,2,400 6,129,472 6,824,220 ,~S.6% 4.7%
Sts~ Revenue Shflnf S, S8~,60~ S, S82,600 2,267,~93 2,450,131 43.9*/, 3.3%
Fedc~ PItT 300,000 300,000 0 0 0.0*,4
~ Fund PILT 1,447,300 !,447,300 1,447J00 1,452,975 100.4*/, 0.4%
~ lt~ycn~e 4,850,700 4,S68,420 2,4~,2] 0 2,2~,615 45.7*,4 -4..3%
Into. est !,010,000 1,010,000 505,000 576,562 57.1% 7.1%
Th fin Elec~ Off~ 3,785,100 3,785,100 0 0 0.0*,4
Th fin Otber.%nds 924,400 924,40O 671,249 671,249 72.6% O.0%
lVfisceHaneom 56 8,200 568 ,200 284,1 00 240, ! 97 42.3% -7.7%
SubMtal: 110,310,600 110,328,320 82,158,182 82,905,225 75.1% 0.7°`4
Cm~ Fro'ward 13,30~,400 13,455,937 16,S60,350 16,860,350 I25.3% 0.0%
Revenu~ Rmerve (5,124,300) (5,124,500) 0 0 0.0*4 N/A
Torn{ Rev,,,,ue: 118,491,500 118,659,757 99,018,532 99,765,375 84.1% 0.6%
0 0
EXPLANATION OF VARIANCES
~')ther Oeneml ^dmini~ativ~. Postage ~es, applications for tax deeds, ~nd unemployment compensation
expenses to date have been less than budgeted.
~ Opera. s expenses are less than second quan~ projections due to less e~ for outside
counsel Also, telephone ~ support .,~ ordinance codification costs will occur hter in the fiscal year.
Cam~_ A~i_~.,tm-: Actual payments for priming of the weekly Board agenda and for legal ads have been less
Rum budgetcd throug~ the second quaxter. Funds have been encumbered, but expenses incm'r~ do not reflect a full
_Olde of Public Iht'orinOco: Prix,~.~ and binding costa to date wer~ less ~ the amotmt b~dgeted. In addilion,
tt~ Persona] Scrvice~ t~:lget ~ sav~ngs in he~t~ insurance.
Off,ce of Mn~m?emem nmi Bn,4~et: Personal Services expendilures wcre less than ~pected due to the transt'er ora
position to flze ~ and Urban Impmveme~ Depmm~c ~ sddition, funds for the law enforcement and
~ facilities impact fee studies ax~ encmnbexed but not fully expended.
· ~ ]~alig,.~i:Xi~: Year ro da~ expenses rcflcct normal attrilion compounded by healRt insm-r, nce premium s~ings.
In addition, there is · bm:klog tn chims for Medicaid payments at the State level resulting in lower cxpcnses in Rte
~. F'mally, tt~xe will be savings in remittances to t~ David Lawrence Center, as the
lLJ I "IL J ~
Fund Summ~rT (Continued)
~ Devel~ ,~ ~'tm~'fl~ Se~ce~: Witl~n d~e Natm-al ~es Dep'm'tmcnt, no funds ~
been ~ yet for d~e develqnnent ora boater's int'~ ~ui~. In Rte Housing and Ux~an tmprovcme~
X)epartzne~ advertising e:Xl~"Xts~ for ~ Xtu~okalce Free Trade Zone and En~ Zone were not yet ecq~led.
addition, c. onm'buSo~ to lt~ Economic 13cvclopxnent Council onJy reflects actual h~voice~ proc~ to date.
Coum ,nd Rehted ^_~encies:. Yea~ to date expense~ for Com~ and Circuit Com't judscs m'e less d~n the amomm
1~d~eted. In a~lit~on, data processes cEm~es for the Pt~hc Defender's O~fice have not been expended to date.
t)e~m~,nt Revenn~ ~ on monthly dr~ to t~e Sheriff's Ope~_ Fm~d (040), b~d~eted at t~O0,O00, is
l~d to a revenne account ~ ~ ~ Fnntl (00I) m th~ e~d of the fit. c~l Ye~-
~ Fish and Wildli~e Refuge Revenue Sl~fin~ an~ Rnci~ Tax ~ will occt~ in the ttRrd qmt~'
A J6 0 1998
MSTD GENERAL FUND (I11)
Fund Summ~ry
~ GI2~ERAL FUND (111) IND QTR FY ~ EXPENDITURES
.0
Other General Admin.
Franchise
Corem. Dev. A&i-.;..
Plan,~_'_ $ Services
Hominl & Urlnn Imp.
Code Eafotcemeat
~on of Foremy
Pari~ & Recreation
Transfers
Adopted
Amended 1nd Qtr 2nd Q~'
Budget Budget Y-T-D
217,100 217,100 217,100
441,983 220,991 108,777
146,200 73,100 71,223
834,394 412,697 349,492
23,600 0 0
!,296,900 63 !,950 539,769
19,563 14,672 14,919
! ~69,458 726,6~2 657,830
8,009,000 5,036,532 5,036,532
i ,800 0 0
12,649,998 7,333,684 6,995,632
2,400,328 0 0
15,050,326 7,333,694 6,995,632
217,100
146,200
12S6,900
15,000
1,635,200
8,009,000
I ,$00
14,791,700
% of %
.... Budget Variance
100.0% 0.0%
24.6% -25.4%
48.7% -13%
41.9% -7.6%
0.0% N/A
41.9% -7.2%
76.3% 1.3%
39.4% -4.1%
62.9% 0.0%
0.0% N/A
55.3% -2.7%
0.(PA N/A
46.5% .2.2%
AGEI~A ITEM
AU6 0 EL98
MSTD GENERAL FUND (111)
l~d Summ~ (C~tt~ued)
FUND TOT,~!-_g Adopted Amended 2nd Qtr 2ud Qtr % of %
__ Budget Budget Budget Y-T-D Budget Variance
Re,mm '
Ad Valorem Taxes 8,394,400 8,394,400 7,471,0! 6 7,453,897 88.8% -0.2%
Occul~Omd I.icemes 470,000 470,000 458,250 460,270 97.9% 0.4%
CATV Frmctfise Fees 1,500,000 1,500,000 750,000 772,975 51.5% 1.5%
Other ~ Fegs 1,000,000 1,000,000 0 0 0.0% N/A
[ntereg~iscellmeous 662,700 711,900 355,950 353,901 49.7% -03%
Transfers 757,900 757,900 142,500 142,500 18.8% 0.(P/~
Sulxoml: 12,795,000 12,834,200 9,177,716 9,183,543 71.6% 0.0%
C. m7 Forw~xl 2,605,000 2,817,426 2,g 17,426 2,g 17,426 100.(P,~
Revem~ ~__~,~.er~. , (601,300) .... (60],300) 0 0 0.O%
Total Revenue:. 14,791,700 15,050,326 11,995,142 12,000,969 79.7% 0.0%
EXI'LA.NATION OF VARIANCES
Franchise A~on: Pcrsoml services exceeds the sccond quartet budget due to tcrmination pay for a former
employee being pakl from this department. (This was incorrectly charged to this department and a correcting
journal enlry has subsequently been processed). Capital i~*ms ~mticipated to be purchased were delayed pending
complelion of Board room r,movation. These expenditures were incurred in the third quarter.
~: Funds were e~'am~l but not ~ for exp,m wimess f~-s, legal $erricea associated with
fl~e ~ govemm~ ~ f~, t~! co~usult~g fe~-'s for a noise impact
Otlm. Franehi~ F~ The Bo~xi did not implement the t¢leeoc, imanications ordinance. As a re.tit, no rev~ue
will be collected fi'om this sour~.e in FY' 98.
AGENDA ITEM
AU6 0 1998
COMMUNITY DEVELOPMENT FUND (113)
Fund Summsry
COMMUNITY DEVE~~ FUND (113) 2ND QTR FY 98
EXPENDITUR~
AmmdM Bud~.t
2nd Q~r Bud~-t
2nd Q~' Y-T-D
Fuad TotMs Adoptal Amended 2ud Qtr
Dev. ~-vices Admin. 1,018,900 1,027,.~9 446,602
Planning Services 2,250,400 2,250,400 1,140,500
Bldg. Rvw. & Perm. 2,739,900 2,778,910 1,404,455
Work Recptn. & Ctrl. 317,500 317~00 142,550
Trnnffers 1,014,300 1,014,300 405,720
Subto~: 7,341,000 7,388,619 3,539,827
R~servce 5,278,100 5,278,100 0
TotM Expenditure: 12,619,100 12,666,719 3,539,827
Licenses &
Trsmfers In
I~.
Subtotal:
Carry For~.d
To~! Revenne:
.519,900 519,900 259,950
4,162,000 4,162(100 1,856,252
1,606,300 1,606,300 803,150
27,700 27,700 13,850
106,000 106,000 77,100
315,700 315,700 78,925
6,737,600 6,737,600 3,089,227
6,195,900 6,245,519 7,678,410
, ,(~14,400) (314,400) 0
12,619,100 12,666,719 10,767,637
2nd (~r % of %
Y-T-D Budget Variance
492, ! 87 47.~`4 4.4%
1,113,016 49.5% -1.2%
1 ,.322,536 47.6% -2.9%
122,730 38.7% -6.2%
420,1 O0 41.4% 1.4%
3,470,569 47.00`4 -0.9%
0 0.0% N/A
3,470,569 27.4% -0.5%
376,395 72.4% 22.4%
2,373,841 57.0% 12.4%
868,437 54.1% 4.1%
9,881 35.7% -14.3%
77,100 72.7% 0.0*`4
224,704 71.2% 46.2%
3,930,358 583% 12.5%
7,678,410 123.0% 0.0,4
0 0.0`4 N/A
l 1,60g,768
J
COMMUNITY DEVELOPMENT FUND (11~)
~und Sunnmry (Comtnued)
EXPLANATION OF VARIANCES
=~d ~0.. ~ zdka I00% of the indir~ sen, ice charge (C,~er'al lrund n~'enue) b~g ~
Wor~ p. ece!~ion-' ~nd Coniml: Nesrly one half of budgeted operaIing expenses (S30,000) sre for cellular telephone
~dr timo ~ L~ tim $3~00 w~ sp~ by mid-ymr. Also, ~he ~mjoriV/of office supply, office ~toma~
for ~ These ~, such ~s PUD p~itioas and PUD m~,ndrne~ fees, D~vel~ Plan
App~nl F_~__~ Tr~ Pem~ F~, etc., ~r~ ~ rehted to the healthy trends ia the buildins indum'y.
Relmbm,sements: Receipts were less than expected due to s backlog ofbillin~ to the
for proc~ing of ro~d impact fees with buildins pertain.
A~A ITE~.
No...~
AU6 0 al ~
ROAD AND BRIDGE FUND (101)
Fund Summsry
ROAD & BRIDGE FUND (101)
2ND QTR FY 98 EXPENDITURES
2nd ~r Y-T-D
Fund Tou~
Subunal:
Tou~ lte~m~.
Adop~ Amended 2nd Qtr 2ud Qtr % of
Budget Budget hat:et ¥oToD Budget
4,S'/1,500 4,871,500 2,435,750
8,200 15,264 6,7~
7,470,600 7,472,032 3,914,698
218,300 212,611 0
7,688,900 7,684,643 3,914,698
2,261,791 46.4% -3.6%
1,447,514 56.0% -1.0%
8,605 56.4% 12.1%
3,717,910 49.8% -2.6%
0 0.0% N/A
3,717,910 48.4% -2.6%
6,02.%100 S,989,400 3,026,095 3,036,095
I05,100 108,100 41,078 5,493
0 0 0 124,910
41,300 69,800 52,350 58,308
93,7....~.~==~ ~6,100 48,050 61,421
6,268,200 6,263,400 3,177,573 3,286,7.27
(io, loo) (lo, loo) 0 0
7,688,g00 7,654,643 5,265,29:5 5,373,949
S0.7% 0.0%
5.1% *32.9%
N/A N/A
83.5% 85%
63.9% 13.9%
52.5% 1.7%
145.9% 0.0%
0.O% N/A
69.9% 1.4%
AUG 0 {t 1998
ROAD AND BRIDGE FUND (101)
Fund Sunnnm'y (Confined)
EXPLANATION OF VARIANCES
A~A ~
AUG 0 f~ J998
Pg., /-~
COUNTY WATER & SEWER DISTRICT FUND (408)
Fnnd Summ~ry
COUNTY WATER & SEWER DISTRICT FUND (408)
2ND QTR FY 98 EXPENDITURES
2~i Q~r Y-T-D
.20,¢00,000
- 18,0OO,OOO
· z e,ooo,ooo
- ~2,ooo,ooo
- 10,oo0,000
.~,o00.0oo
-6.0OO,00o
.2.000,0OO
.0
P'mul Tmzb
Aa~t~d Am~ded 2.d Qtr 2.d Qtr % of %
3,g27,800
19296,000
(1 ~o,~o)
659,.544
9,456,~27
7,984.435
19,896,D00
41,J39,606
9,618,658
1~,~o
525,000
183,100
( 1.9~0.1~0)
$1,45E,264
335,885
3,060,700
4,72..q,414
4,039,229
16,039,212
0
1 ~,0~ 9,2 ! 2
~,132..S96
417,|00
0
1 &
0
40.c~3.389
291,285
3,06.S,.,~0
3,945,49O
3,.~62,659
4.0~9,229
14,704,163
0
14,70~,i 6.3
9,77~S2~
&TT3,332
297,632
81,550
19.727,95I
0
42,1~8,2~
,~.2%
79.8% 0.1%
41.7% -8.3%
42.1% -6.4%
20.3% 0.0%
35.1%
0.0%
51.g% ~.4%
26.4% -23.6%
52.3% 3.4%
56.7% 6.7%
61.8%
63.5% O.O%
44.~% N/A
51~% 3.~
147.2% 0.0%
0.O%
82.O%
AU6 0,fl 1998
COUNTY WATER & 5EWER DISTRICT FUND (408)
Fund Summ~ry (Continue,.')
EXPLANATION OF VARIANCE~
~ Mo~ capital outlay expendin~es will occur later in the fiscal yeaz. Personal Services were less
5~sn expe~a~ dne Io position vncaacie~ lzrgely in the W~ter Dism'lmfion and Maintenance Sections. Most
late~.est/Mi~ee~: ~ inelndes unlx~getexl items such ~s radio towcr lease sad penalties on pact.due
AGENDA rfEM
AU6 0 '1998
SOLID WASTE DISPOSAL FUND (470)
Fund Smnmat7
SOUD WASTE DISPOSAL ~ (470)
2ND QTR FY 98 KXTElq~~
.9,000,000
.$,000,000
.?,000,000
.6,0OO,0OO
-3,0OO.O0O
. l,oo0,00o
.0
Fuml TotM~
c~t~ O,~y
Tra~fe~
T~~:
Laml~ Fee~
Th' Mandatary Cell
lnmrest
Miscellaneo~
Sul~lotal:
Revenue R___,,~rrve_
Tmal Rtwenue:
Adopted Ana'aded 2sd Qtr 2nd Qtr % of %
Budget Bed~ Bad~,t Y-T-f- Bud~et Ya~nnee
7,613,600
39,000
0
49,300
652,6OO
152,800
3,764,900
J 1,930,700
212,342,300
8,571,012
43,272
0
49,30~
12,295.900
2 i ~3,~
652,6O0
152,800
12,892,384
(353,3OO)
21,303,984
! 72,250 172,785 50.2~ 0.2%
4,285,875 3,390,OO3 39.6% -10.5%
5,886 6,772 ! 5.6% 2.0%
0 0 N/A N/A
49,300 49,.'300 100.095 0.0%
4,513,311 .!,618,860 40~/~ -9.9%
0 0 0.0~ N/A
4,5!3,311 3,618,860 17.0~ 4.2%
3,t1'~,08,6 3,$27,691 543% 73%
849,054} 849,0S0 50,0% 0.0%
326300 287,156 44.0~ -6.0%
105,050 I ! 0,587 72.4% 3-6%
4,348,486 4,774,44M. 54.5% 4.9%
12, 3~4,090 12,854,090 99.7% 0.0%
0 0 0.0~ N/A
17,202,576 17,628,574 82.7/6 2.0~
i AU6
0 1998
80LID WASTE; DI$1~OSAL ~ (470)
EMERGENCY MEDICAL SERVICES FUND (490)
Fund Summary
EMERGENCY MEDICAL SERVICES FUND (490)
2ND QTR FY 98 EXTENDITURES
2nd Q~ Y.T-D
~g
Fm~l ToOk
Ambuhs~'~ Fm
Prior Y~r Rev~nu~
Tlr from (00!)
Reimb. Fire Dis,c'ic~
ln~:n~'t/Misc.
St~t~ot~l:
C_.,my
~ R.~erve
To~I
Adopeed Amended 2~d Qtr 2~d Qtr % of
I~d~et I~dget Bedlx't Y-T-D Bmdget Variance
6.253,900
1.362,400
0
2,000
7,618,300
383,3OO
8,001,6OO
34.100
38,700
7,477,300
703,200
(178,900)
8,001,600
6.253.9OO
1366.030
23,000
2.000
7,644.930
357.000
8,001.930
3.126,950 3,344,911 53.5% 3.5%
853,1369 941,996 69.0% 6.5%
0 20,400 88.7% N/A
2,000 2,000 100.0% 0.0%
3.982,019 4,309,307 56.4% 4.3%
0 0 0.0% N/A
3,982,019 4,309,307 53.9% 4.1%
3,468,000 !,670,880 1,.t39,042
75,000 75,000 76,455 101.9% 19%
3.864.500 2,898.375 2,898,375 75.0/0 0.0%
34,1 O0 14,670 14,670 43.0% 0.0%
38.700 9,675 9,539 24.6% -0.4%
7,477,300 4,668,600 4,338,081 58.0% -4.4%
703.530 1.481,632 1,481,632 210.6% 0.0%
(I 78,900) 0 0 0.0% N/A
8,001,930 6,150,232 5,819,713 72.7% -4.1%
AUG 0 1998
PS. ,~
EMERGENCY MEDIC~ SERVICES ~ (490)
AGENDA
AUG 0 ~ E98
AIRPORT AUTHORITY FUND (495)
~ Sanuzuu'y
2ND QTR FY 98 EXPEND~
229,056
110,948
59,717
306,230
705,951
0
69,7f,0
11,7C0
31,310
33,300
161,300
I 0,000
715,280
! 07,750
0
~3,030
230,904 58..3% 0.5%
gi,553 35.9% -12.9%
5~,667 36.8% .2.0%
314,473 59.8% 1.6',4
6[3,597 52.4% -1.~
0 0.0~ N/A
683,59'/ 504% -1~%
727,514 58.2% !.0%
I07,750 72.7% 0.0%
0 0.0% WA
835,264 61.7% 0.9~
AU6 0 1998
AmPORT AUTHORITY FU~D (49S)
F~ ~ (c~t~3
A06 04 ~98
~ 2_.3
2~d Q~z Y-T-D
TOURIST DEVELOPMENT FUNDS (193-196)
Fund Summ~ry
TOURIST DEVELOPM~E,~T FUNDS (193-196)
2ND QTR FY 98 EX~ND~
Tem'l~ Taz ?.312,,040 7,3Z2,000
~ , ~2,~00 432~00
Sub.iai: 7.744,500 7,744,500
ca~ Fonnrd 7A26,3oo 11,89a,2.~5
~ Rmerve (?.87,900) (397,900)
To~l l~mu~. 14. v82,900 19,2~0,855
2ad Qtr 2~d Qtr % of %
Badger Y-T-D Budget
1,242,672 130,302 5.2% -44.8%
966,17 ! $ 80,539 30.0% -20.0%
1,032,165 628,313 30.4% -19.6%
659,9a4 579,077 43.9% -6.1%
4~00 4,~CX) 0.8% 0.0%
! ,805,~ 1 ~ 1,80~,~ 15 90.0% 0.0%
1,376,122 i,376,122 94.0% 0.0%
219,108 219,108 47.5% 0.0%
7,306,196 5,323,476 43.3% -16.1%
0 0 0.0% N/A
7,306,196 5,323,476 27.7% - 10.3%
3,926.,.n44
2I~.~0
4,142,79a
10,975J10
0
15,11 ~,?,0~
4,331,336
213,371 49.3% -0.7%
4,544,707 58.7% 5.2%
I 0,975J I 0 9Z3% 0.0%
15,520,217
AU6 0 1998
TOURI:~I' DEVELOPMENT FUN~S (193-196)
Fund ~ummaxy
A smpim i~ 1om~ ~x ~-vcnue is projected based oD year-v~la~ receil~ i~ c°mpaxis°n t° Irri°r ~
ACIENDA rTEI~
AU6 0 a~ '1998
Ps. ,"?-'~ -
CAPITAL L'HI'ROV'EM~NT PROGRAM (CIP)
R~on~ P~rlu Imp=ct Fees (345)
%
l.')%
4~.S% N/A
93.~% N/A
0.O% N/A
44.9% N/A
1.606.100
%
12J%
JOG. O/, 0.0%
~A ~A
Comma~i~ Parks Impact Fm (36S, 368)
%
VlrtMmi
N/A
N/A
N~A
%
VffkM:ll
19.']%
-2.0%
0.~%
N~A
4.3~
A~A ITEM
AUG 0
I)
CAPITAL IMPRO~NT PROGRAM (CIP)
(Contiuu~)
I2briry Impact Fees (355)
2,055,.20~
Ro~ds - Gu Tax (313)
%
Vadsoc~
I~A
I~A
Vm~m
9.?'%
2.2%
4.3%
!.1%
N/A
0.0%
o.o%
AGENDA
AUG 0 ~t ~
CAFrr~ IM]'ROV~MXNT PROGRAM (C~
(Continued)
Roads - Impact Fe.~ (331 - 340)
21,226~ 26,11~,1~ 2:),113,624 0 24,7')4,493 92.0% {.2%
EMS Impact Fees (350)
CAPITAL LM:PROVEMENT PROGRAM (CI:F)
(Continued)
Water System Development Fee~ (411)
Y-T-D Y-T-D % ef
9,1S? 19~)79 2.9% N/A
13.943.609 391.049 2.2*/,
0 0 0.0%
0 0 0.0% N/A
13.9~2.766 410,128 :2.0%
0 12J'Yl.163 61~%
%
Vm'bnce
16~%
2.7%
0.0%
Wutewater System Development Fees (41::3)
Wm ~ Fem.
fmaurh, bc.
Lorn l~xlmds
Toed ~
Y*T-D
110,411 7.9%
.qo2JI ! IJ~
41.110
0 0.0%
%
Vm4aa~
N/A
N/A
~A
2.0%
¥-T-O % d
10.101..100 I~.~J~
M )umeudd ZId q~' Y-T-D
.153,600 2.13.6~0 176J~0 .~A
20~00.000 20.0~).0~0 0
7.2~,500 1,363J14 IOJOt.3~O
.31.761.4~X) 32J79.414
0 14.1}t6.436 42.9%
%
Varboet
17,0~
O.0%
AU6 0 4 lgg8
pg. ~ ,,,
EXECUTIVE SUMMARY
P, ECO~ATION TO APPROVE A LEGAL SERVICES AGREEMENT
WITH LAWRENCE S. PIVACEK AS LEGAL CONSULTANT AND LEGAL
COUNSEL TO REPRESENT THE COUIqTY ON MATTERS RELATING TO
THE CASES AS IDENTIFIED IN THE LEGAL SERVICES AGREEMENT.
OIM~r-..CTIV~: That the Board of County Commi ~ioners approve the attached Legal Services
Agreem~ with Lawrence S. Pivacek as legal cor~valtant and legal counsel to represent the Board
on matters rdating to the following cases:
,4) Laverne Blanford v. Collier County, et aL, Case No. 97-209-CIV-FTM-26D
B) Robert Richman v. Collier County, et aL, Case No. 97-419-CIV-FTM-23
C) Steven Newton, et al. v. Collier County, et aL, Case No. 96-2470-CA-O1-TB
D) Bambi Henderson, et al. v. National Fairways, Ltd., & Collier County,
Case No. 97-3387-CA-01-DRM
E) State Farm Mutual lnsurance Company v. Collier County, Case No. 97-2219-CA-01-TB
F) Paul LaThbrook, ~ Administrator And Personal Representative Of The F, ztate Of ,4ncieto
Mateo Gaspar Franctsco, et al., v. Collier County, et al., Case No. 98-1903-CA
G) Penny Rodriquez v. Collier County, Case No. 97-0060-CA-OI-TB
CONSIDERATIONS: Lawrence S. Pivacek during his employment aa an Assistant County
AI/omey to th~ County Attorney to the Board was principally involved and r~poxm'blc to
represent the Board's interests inclu~.' g trial and appellate case presentat/ons, negotiations, etc.,
in ca'tain "covered" and "non-covert" cases.
It has been determined by the County Attorney and the Collier County Risk Management
Director in consultation with thc County's insurance administrator that the County's interests are
better served if Lawrenc ~ $. Pivacek is approved as the attorney of record on behalf of Collier
County on the covered eases listed above and provides professional legal services in that regard.
The attached Legal Sexa4ces Agreement has been p~epanxt and approved by Lawrence S. Pivaeek
and the County Attome'y. The Agreement has also been reviewed and approved by the Collier
Bx~,cutiv8 Smr, m.m'y
Page 2
t
FISCAL IMPAC'r: Legal ~"rvices will be at the rate orS100.00 per hour for legal services
rendered. Actual costs inctm'ed by Lawrence S. Pivacek including costs ofout-of-county travel,
mailing, copiea, fac$imile~ telephone and document transmi~ expenses such that are supported
by appropriate documeimttion shall be reimburr~ by the Board. Gum and fees for cove-red
cases will be ~ to fund no. 516.-121650. Other costs and fees for consultation services will
be {mid fimxm 516..121650 or 001-010510.
GROWTII MANAGEMI~NT IMPACr: None.
RF. CO~NDATION: That the Board approve the attached Legal Services Agreement with
Lawrmce S. Pivacek as legal consultant and to represent and assist the Board in all matters
t~lating to the identified cases in the Agreement.
David C. Weigel 0
Approved by:.~~
~' Y'etfWalker, ARIVi
LEGAL SERVICES AGREEMENT
THIS LEGAL SERVICES AGREEMENT Cnercinaf~ referred to as the "Agreement')
mad~ and ~ into this __ day of ,1998, by and between thc Board Of
County Commi~om~, (hemna~ r~fcrr~ to as the "Board" and/or "County"), and Lawr~c¢ S.
WHEREAS, ~ S. Pivacck, during hiz employment as an Aasiatant County Attorney
to th~ County ARorn~ to thc Board was principally involved and re~aonaibl¢ to represent thc
Bomffs interests in certain "cov~xl" and "non-covered" cases; and
WHEREAS, the Coumy Attorney and the Collier County Risk Management Director in
consultation with thc Counts inzta'anc~ administrator, have determined that the County's in~
at~ b~tter acrved for Lawr~,c¢ S. Pivacck to be approved as thc attorney of rcc. ord on behaff of
Col!i~r County on egrtain covc~:! casea and provide profeazional legal scrvi¢ca; and
NOW, THEREI~OP, F~ thc partita hereto, in consideration of the ~ and thc covenanta
eontaimai ~ mutually agree aa followa:
A) Coun~lis hcre~ r~tained by thc Board to rcprcaent thc Board in all mattrra reis~ing to
any court proe_~gs, ncgot~afiona and settlement of thc following caara that ar~ curr~itly
poL~cl_ ing thai have be~ filod againzt Collier Co,mty:
I) Lm,erne Blanford v. Collier County, et aL, Case No. 97-209-CIV-FTM-26D
2) Rob.ert Ricfiman v. Collier County, et al., C~sc No. 97-419-CIV-FTM-23
3) Steven Newton, et aL v. Collier County, et al.. Case No. 96-2470-CA-01-TB
4) Bambi Henderson, et aL v. National Fairways, Ltd., & Collier Coup,
Caso No. 97-3387-CA-01-DRM
Page I of 6
State Farm Mutual Insurance Company v. Collie~ County,
Case No. 97-2219-CA-01-TB
Paul l.~hbrook, As Administrator And Personal Rc, presentative Of The Estate Of
Ancieto Mateo Gaspar Francisco, et al.. v. Collier County, et al.,
Case No. 98-1903-CA
7) Penny Rodrkluez v. Collier County, Case No, 97-0060-CA-O1-TB
Counsel shall prepare all legal documents, correspondence, communications, etc. and
attend all negotiation meetings, settlement conferences, court hearings and trials necessary
to bring the above-listed cases to closure.
Apart from Cotmr, el's responsibilities pertaining to the cases listed hereabove, Counsel is
retained for potential legal consultation s~vices and on an as-needed basis as determined
by the County Attorney, over a period ofnot more than six (6) months fi.om the date of
this ^gr~ement.
The Board hereby agree~ to pay Lawr~,~c¢ S. Pivacek as coition for legal services
renders! at the rate of $100.00 per hour.
The Board hereby agrees to reimburse Lawrence S. Pivacek for actual costs incurred
including costs of out-of-county travel, mailing.;, copies, facsimiles, telephone and
docum~t traasruittal expenaes (e.g., "Federal Express,* etc.) incurred pursuant to this
Agreement, provided that such costs are suppoaed by appropriate documentation
submit'~ed to the .~k Management Department and reviewed and approved for legal
sufficL'~cy by tho County Attorney. The use of a multiplier for these expenses/production
costs is not allowed. Per di~-m and travel expenses will be reimbursed in accordanc~ with
Section ~ 12.061, Florida Statutes, entitled Per Di~n and Travel Expenses of Public
Officers, Employees and Authorized Persons, as ameaded. Thia requi.,x~ent c,,nxeatly
Page 2 of 6
includes, but i~ not limited to, expenses such as ~ummobile travel expenses reimbursement
at $0.29 per mile ,nd meal expenses r~imbursements at the following rales:
Br~dr/ast $ 3.00
Lunch $ 6.O0
Dixmer $12.00
A sta~ment or invoice for legal services and direct costs incurrecl by Lawrence S. Piww, ek
shall be billed to the Risk Management Department on a monthly basis. All invoices shall
contain, at a minimum, the following information: l) The proper name ofth¢ payee as it
~pears in the Agreement; 2) .'D,e date ofth¢ invoice; and 3) The description of services
and the time period in which billable services were rendered. All payments and the
resolution of any disputes regarding such are subject to and shall be processed in
accordance with Chapter 218, Part VII, otherwise known as "The Florida Prompt Payment
Counsel shall be r, ol¢ly responsible to parties with whom he shall deal in carrying out the
trams of this Agreement and shall not subcontract his responsibilities to the Board under
this Agreement. Counsel shall carry Lawyer's Professional Liability insuran~ in an
amount not les~ than $500,000 per occurrence. An insurance certificate evidencing this
Lawyer's Professional Liability insurance requirement shall be tendered to the Collier
County Risk Mamgement Department within fourteen (14) days of the date of this
Current, valid insurance policy(les) meeting the requirement herein identified shall
be maintained by Counsel during the duration of this Agreement. Renewal certific~e(s)
shall be sent to the County thirty (30) days prior to thc expiration date(s) on any such
P~ge 3 of 6
polic'y(ics). Tbere shall be a thirty (30) day notification to the Board in the cvcnt of
canccllation or modification of any stipulated insurancc coverage.
H) Counsel shall protect, defend, indemnify, and hold the Board and its officers, cmployee~,
and agents hannles-__* from and against any .~d all losses, penalfi~ damages, professional
fees, including s. ttomcy fees and all costs ~ f litigation and judgments arising out of any
willful or intcntional misconduct, negligent acts or error or omission of Counsel, his
subconsultants, subcontractors, agents or employees, arising out of or incidental to the
performance of this Agreement or work performed thereunder, including any claim(s)
brought against the Count'/, its officers, employees, or agents by any employee of Counsel,
any subconsui~ subcontxactor, or anyone directly or indirectly employed by any of
thera. Counscl'a obligation under this provision shall not be limited in any way by the
agn:.'d-upon total contract fcc specified in this Agreement or the Counsel's limit of, or
lack of, mdticient insurance protection. The parties agr~ that one percent (1%) of thc total
compeosation to Counsel for performance of services authorized by this Agreement is
specific consideration for Counsel's indemnification of thc County.
I) This Agreement shall be administered on behalf of thc County by the Risk Management
Department in coordination .with thc County Attomcy.
J) Counsel agrees to obtain and pay for all pennit~, and licenses ncccs.sary for thc conduct of
his busin_es~__ and agrees to comply with all laws governing the responsibility of an
employer with respect to persons cmploy~ by Counsel. Counsel shall also be solely
responsa'ble for payment of any and all taxes levied on Counsel. In addition, Counsel shall
comp. ly with all rules, regulations and laws of Collier County, the State of Florida, or the
U. S. Govcmme~ now in forcc or hercafler adopted.
Page 4 of 6
K) Either pm~y may terminate this Agreement for convenience with a minimum of forty-five
(45) d~ys written notice to the other party. The parties shall deal with each other in good
faith during the forty-five (45) day period after any notice of intent to terminate for
convenience has been given. The County reserves the right to terminate this Agreement
immediately, for cause, upon written notice to Counsel.
L) In addition to paragraph I, above, the parties hereto expressly recognize and delegate to the
County Attorney the au~ofity to remove any and all of thc aforelisted cases from Counsel
to become the reqmnsibility of the County Attorney on behalf of the County. The removal
of ~y ~g:h ease droll be noticed to Counsel in writing by the County Attorney, and
Counsel ~ timely assist in the transfer of said eases to the County Attorney.
M) Notwithstanding Counsel's obligation under this Agreement to provide professional legal
~ahce~ to tl~ County for thc specific ease~ identified in Paragraph A of this Agreement,
the County ~knowledg~ and agrees that Counsel may take positions adverse to the
County on any mailers or in any cases that are unrelated to thc eases identified in
Par~raph A ofthi~ Agreement and hereby expressly waives any claim of conflict of
inten~ in any taxi all such cixcumstan~. Hcwever, under no circumstances flmll
Counsel ~t any pert, on or entity in any personal injury or human resource
(employment) ehim, cause of action or litigation against the County for the duration of
this AtTeemen~.
IT IS i,"jRIHEII. UNDERSTOOD .M~rD AGI~.EED, by and between the parties herein,
thai the Al~eement is rubject to annual appropriation by the Board of County Cowmlssioners.
Page 5 of 6
IN ~ WttEREOF, C2ounsel and the Board, have each, respectively, by an
~thofiz.~l person or silent, hereunder set their hancla and seals on the date and year first above
WI'FIx~S~: LAWRENCE S. PIVACEK
(Primed witntm sign,~t~)
Lawrence S. Pivacel~ Esquire
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, Iq.ORIDA
By:
BARBARA B. BERRY,
.,~l~ov~ ss to fora md
Legul st~fici~
c.
P~ge 6 of 6
Risk Maz~ment ~r
FOUR YEAR REVieW OF THE ENVIRONMENTAL POLICY TECHNICAL ADVISORY
IIOli~D (EFfAB) WITH STAFF RECOMld]gNDATION TO CREATE A SINGLE
ENVIRO~~ AD%rISORY COMMITTEE BY CONSOLIDATING TgF~ FUN~ONS
OF ~P3['AB WIT]I{ THOSE OF ~ ENVIRON?,tEi~I'AL ADVISORY BOARD (EAB)
To coodact ~ schednled 4-yc~- review of the Env~ental Policy Technical Advisory Board
.(~..AB) md have the Board comidcr c,:nuolida~g the function of EPTAB and the Environmental
CONSIDERATION:
~ every four,years. EPTAB is schcdulcd to bc renewed in 1998.
wri~n ~mfitt~l .o th~ Administmm. The shall addre~ the followini:
1. ~ tim Bom-d i~ ~rving the purpo~ for which it wa~ .'zr~ted;
2. Whether the Board i~ ~tequ~ly ~wing currem comm~ty needs;
'~ there i~ any ~ Board or ~gency, either public or l:yrivat¢, which is t~-rving or would
better ~rve the ~ for which the Board was
Whether ~ oi'~ creating the Board fl~ould be amended to allow the Board to more
~ly ~'ve the purtx~ for which it was create, d;
Th~ co~ both direct m~d indiroct, of~g the Board.
~q/nmce 86-41 a~ smeaded ~ allows for the County Admtuistrator U) provide the BCC with
recommendafion~ md cc~ts ~ong with thc Adv/~or~' Board's written report At the conclusion of
~ oral presenm/on by the Ad~ Boa,,d's chairp~r~ the BCC may roque~ the formation of a
~ eon.~fing of 3 membe~ of the BCC to determine whether the board fl~all eontim~e in its
prescnt form. Al the conckmon of the review process, the BCC shall determine whether to abolish,
continue, consoliO~te or =xxtify the ^~ Boan4 for ~. next 4 ye~s. EFI'AB's written report is
In 1997, stafl'eva'.~mtcd the. current process of formu~tating environmental policy ming the County's
t~ro~ ~ bo;a~ ~lopment Services Advisory Committee, DSAC; EAB; mci EPTAB). Staff
~ wa~ ~ ~o the~ thr~ advisory boar0~ in the q~ring ,~f 1997 and again within tho last
~ mont~ DSAC and ~ concut~ wi',h the con~.'.olidafion recom~endatioa; EPTAB voted to
oppo~ my c omolkltaion.
AUG 0 4 18S8
'. C~ology, Marine Affairs m~d Zoology.
gumettin$ the EAB will require an am~cnt to the LDC. Implementing the creation of a new
t,~/mmmcatal advisory board will be part of the next LDC amendment cycle. Upon receiving
C[l~ction from Ibc BCC in ~rly AugasL statT ca~ target the cr~a~on ofthc new advisory board in the
h.~mling of 1999. The ~rlie~t time table to accomplish this has thc following target dates:
!. BCC Direction to proceed
2. Platmmg ~ttission ]~zl:)lic He~nng
3. BCC ~-,,Blic H~aring
a. Memb~mip Appointments
5. First Meeting of the N~v Board
August, 1998
October, 1998
November, 1998
December, 1998
January 6, 1999
(sstsri~s a~l bem¢~) c, opying end mailing costs. Funds ~,~ budgeted in 001-178980 to support the
functions of EFFAB. P~tucan¢.l ex, ts of ~proximately $1.000 will be roaltocated to other proj~ if
AU6 1998
Natm~ Reso~ccs Dq~:ment
~Datc:
/"~miW Derelict & Enviwnmcnial Services
AUG 0 4 1998
ENVIRON~AL POLICY TECI~'ICAL ADVISORY BOARD
Second Qua~ Rc~icw - Sln~ 199~
In _cor~p_.lt~c~ with Collier County r~ulations r~iing a quadmmial Board of Coun.ty
~,'mcrs (BCC) r~i~w of thc F. avironmcnltl Policy T~hnlcal Advisory Board (EPTAB) in
199% th~ followin~ ~ is subni~d by EPTAB ch~, Bradley CornclL '
..SERVING h"qTEI~ED PUI~OSE AND COMMUNITY NE'~S
EPTAB ~ crc~tcd under thc authority of thc BCC tn "...advi~ on the
rer, owc~. of thc cotmty in r~ard to'the s,d'ciy, h~ih ~nd g~neral w¢II-b~g of'thc public..." and
to '...adv~ ~xl assist thc county staff and board tow=d dc-v~loplng thc pm'pose, in~'nt znd
~ of all county ordinanc:~,, policies, protran~ md other ~ dculi~ v,,ich
rcsowccs." Please refer to thc full taxi of thc c'nablin~ ordin.m¢: (9146') for more .spccific
haw m~ ~ t~hnicaI advisory commkI:c (Conservation and Coastal
EI~ Policy 1.1.I). .
By all sun~ of ev~Iu~tio~, this board is serving its ~cry viral roles both in thc x~hnic~ ~d
policy rnaUers on which it advises thc BCC, ~nd al~o ~s a public forum for any. indi~idu.~ or
one ofihe most unique ~r¢-.~. =rMronmcnully, in ~ world. It is a ~,~ry. large portion of the
~,~t~'n E,~-r~d~, v, ith th~ aw¢-impirins ~ of flor~ ~d faur~ and wond~rh~.' uni .au~
habitats th~ ~re Lssoc~ed. It also is characterized and dominated by its broad s'nd dia'rr~ wcd.md
systems ~d floww~y~ over pr~c~iczl~, lhc cnlirc county. Thcsc r./,~m ~r~ in r~b.t~'~ fuaclion=l
order now, by comp=ison wi~h tho~c fwthcr c-,i:, Inn thc way. ~ro~'th is rnar~cd in u~ counu is
crigcal ~o thcir ~ ~ int¢t='i .ry. This ~row~ nu~cmcnt ov~.'Sht function is th: broad
mission ofEPTAB znd is r=fl=.tcd in thc specific ~ccomplishm~t~ and =from i~ has trodden.
~I~I'~ ACCOMPLISI~NTS
'Ibc bo~t goes most ofi~ work throut~h subcornmit~s which arc presently comprh:d off
S~rin~ Grow~ Mzn~cmc-,,t Plan; Re. source Pro~ectlon; and Spcci~ Projects (curr:n~.',
Dcpartmcnul Budget Re,,icws) - please see the amchrncnt on EPTAB %r~niz=~ion B~ Lorenz,
Direc~ of~hc Natural Rc~ourc~ D~anrn~nt s~r',~ ~s the ~tt~'~n, and o~ s,~.- also
con~ed. Major effor~ rec=n~' ha,,,= included {he follov, ir~:
·
·
·
·
·
·
Pro~ion:
Exotics Report ~d Ongoing hnpl~rncntaion - r~.m'chcd, wrote ~md
IV~:~- ~on and Consw,~on Ordinanc~ - r~comm~L~ions and comae-hts.
W'~tgns Pass Inl~ .M.~=6~ncnt Phn - r~commcnchtions ~nd comm~nu.
Big M=co P~;: Critical W~dlifc Arc= - r~conu'n~da~ior~ ~d cornm~tts.
~ Protection Pl=n - rccommcndagons and commcnis.
0 4 1998
pg.. /'/' , __
· I2t~, W~ and F. xofic~ Or&r~mc¢ - recomm~d~onz and comment~.
~row~ Mam~wm~nt: .' · ~ ~ - mon~ored process ~nd .l~O~ded recvmmend~onz and comments.
· Army Corp~ 8W Florida ~.~ - recomm~o~ ~nd commen~.
· ~d U~ Pl~C~ering in R~ ~d ~ ~ - m~~
* Work Phn~ m~d ~e~ - de, loped ~, u~l,~d a~ n~-~.'.
* S~ ~d ~~on - docum~ r.~y and h¢¥ cl.~fy.
However, i~ hss been s~es~ed on occ.~ion that com~ FAB and EPTAB would serve ~e
coemy mo~ et~. ~¥'h~e other pzpem could ~nd h~ been vni~ on ~s subje:r, k is ~
~ u~a~r ~u sognmcang C-rm~ Maaag:ment Plan r~:lmred er~ironm~
No ~ to ~ cum~ men~x-r~hip ~c-nts ~ r~g~ed for ~ r~vi~w.
EPTAB COSTS
about S4500 h for liahon Oq~ Resourc. cs D~~t ) sta/f time and S1500/s for
This conclude, thc 1998 EPTAB Quadrctmizl Rcview Rcport. Plcasc foci frec to contact the chair
ofE:PT~, mxy of the past ~ or thc sta~liaison for more infom~on or wkh .c~.stlcms.- '
Chair, EPTAB
atlachmen~: Elrl'AB cnabVmg ordinance, organizational flow chart and work plan
Oo
AUG 0 4, 1998
(~TT~) Ca~aTam O~ZCTIVSS'
water
~=': es~.bl/shing goals and objectives
: developing and revising rules, ord/nances,
regu~tions, programs
: impl~entation and develo~nent Of growth
: i~f~g and recc~=eu~g solutions to existing
and future euviroumental issues
* Te~l~{c~l a~-isory cC=~ttee to County envir=enrm_! resources
manacjeneut program
* Provide for ~ub!fc
OTZIR
~ is reviewed every 4 years for major accomp!ts;~.~,~nts. The
last audit was filed ~rch,1998.
An ~m~l re~ri~w of all acco~Dlishmen~s .should.be c~i!ed and
~iled w~th BCC.
COLLi'E~ COUNT~/ D~A~T~r~7~TS COV~rn BY ~
- Pl~g.S~ces D~t: R~e~ ~~e, Dtre~or
- C~e ~forc~t D~t: ~~le ~old, ~=~g Dir.
- Pollutf~ Control D~t: Geo~e Yi~z, Dire~or
- Nat~ Res~ces D~t: Willi~ ~r~, Director
~ D~~~=s:
- Solid Waste M~ D~t: DaSd Russell, D~recmor
- Sto=.ater ~ D~t: Jo~ Boldt, Direc=or
AUG 0 4 [998
Pg. ~
GEI~RAL
CEA]:~: :Ecact Cornell
'g3:CE~R: ~i]ce S:L~o,n:Lk
STEERING
Bill Mc Kinney,
Allen ~ratx
B~ad Co=nell
~ROWTH
Mike DeLate, Cmair
~ad Cornell
3an Stevens
Steven Bi~aio~
osto
RESOURCE PROTECTION
1Like S_~-onik, Chair
Brad Cornel!
~au~een McCarthy
Brenda Fogel
M~nty 'Robinson
Bill Mc K~nney
SPECIAL PROJECTS
BUDGET: Bill McKinney, Chair
Bra~ Cornell
Hike Simonik
EPTAB Review: Brad Cornell, Chair
Bill McKinne¥
~lenK~atz
Nike Si~onik
liaison)
Natural Resources Dept (assigned
Staff Liason: Bill Lorenz, Director
Secret. aA'y: GeorgS. P~ Mausen
AUG 0 4
Env~onmental Policy Technical Advisory Board
(EPTAB)
~teering
- Meeting
Structure
- O~ganiza-
,- $oheduling
- EPO
-CWA
- Xxotics
~.- Pzotoool - ~&Ce= 0~]
- A~ Ou&lity
- (:ozstal Zone
- ~'at e_-'sh eot
· - Sto~ter Hgmt
Dep~.Liaison
- Demographics
No.nitoring
- Co~e Enforcement
Dept Liaison
- Pollution Control
Dep~ L/aison
- Natural Resources
Dep~ Liaison
Growth
Hanagement
- EIS
Special
Project
- BUDGET
-Work-
shops
- E~R
- OpenlGzeen Space
- Land Use
~ G~P
- LDC
- Habitat ~ncentives
- Clustering
~mencbnents
- Solid Waste
Dept Liaison
- Plamning Se=vices
Dept"Liaison
'-:'"~II i i I~' ~i ~! I I I! i ! I l Ii~ ~!~ i I I I ! ·
I/
~ ~ ~1 ~ ~ t~-~i ,~l!l I~ !111 I.,11111~ i!ll
'~ J ~'~ ' ' ' '~ '~ I ~ ' I~ ~ I.
~ ~. t I I ~, ~ , .- , i I , !
- I~i ISlS II. i liiiil!li~
, I~ ~
~ltl.l' .~ ~,.. ..,. I · ., : :
, =~: j · , ·
. Ie
I '~ i'
. ~-, J t,, · · , ,.o,~: - ,~ ....... i · ' '"
.,~ ,.~. ~ .... i ....
,,,~ ~'~'~'~ ~ ,, ' ..........
Se~ ~4-26.
Theft is ~ est~li~ed ~e ~
(Or~ H~ Sl.~6, J 1)
Sec. ~i-27., ~rity;, ikm~o~ ~ ~
sory board obtains its ~~o~ ~ ~
u~ ~ ~l~on of ~ ~ ~ ~ ~~
of or ~n ~e
{1} ~ on ~e p~~on, ~ns~on,
cf ~e ph~ ~ biol~ ~ re
~d hyd~c~ of ~e ~un~ ~ r~ ~
~ ~ o~ ~v~ d~g ~
~11 Id~~. s~dy. ~~, ~ad p~d~ ~-
2-81S ~ seq.
CD54:5
agement and pr~tec5o~ or air, land, .and
water ~ ~d en~en~ qu~
in ~e
~t ~e ~ ~ ~h ~ ~d o~
program.s.'
(~) A.ssLst the boarcl i.n idea~g tnd recom-
mending ~lu~o~ ~ ~g ~d fut~
efl~onme:~ hsues.
{6) ~e~'e u ~e ~d~ z~r/ ~t~
in Po]i~ ~.1.1 o[ t~t conservation and
chaplet gO, ~c]e I~ c~ :his C~e. '
(8} P~de
on en~-on~en~
(~t No. 91.26, J 21
~ec.
(~ ~e en~nment~
~ ~ ~ ~ =mpo/~ of 11 =~ who
~ ~ ap~Ln~ ~ ~d ser:e at ~e pl~ of
~;e ~. Ap~~t ~ ~e ~r~ ~ s~
b~ by resolugon or the ~e~ ~d sh~ ~t fo~h
the da~
~1 37e~n~ an C~e z~r/bc~ s~ be
pubU~ in a ~ubE~:!on c~ ~n~ d~don
~4~in the ~un~,
ho~e.
(3) .a.s~ th~ ~ ia ~i~g s~l rr~g.
es a~te, ~ rules, ordinancei, rtg-
ulations, programs eztci other initiatives ad-
drtssing th, tsp., ~mdr'~tion s. ucl pruer-
ration of tl~ cu~ty's ~ttural rts~zc~ ~"
(4) Assist in the imple~en~Lion a.'~d develop-
me~t et the' ~o~t~ ~ent pl~ re
.ga~_.i_v~f environmentJ.1 a.nd nattt.-al' re-
hydraulics, l&nd use hw, Is,od uJ.e p!,--t-g, ~!.
m~ ~ ~, ~ ~~e~, or
. ~ ~ ~ ~, ~t not ~ m, · r~r~n-
~ o~ ~e d~ent ~'~/-
(~) ~e ini~ ~ ofo~ of~e ~e=~rs of
the ~~ ~d ~ ~ u foU~
30, 1992;
30, 1~3;
30, 1994;
(4} T~ memb~ ~I se~e u=~
30, 1995.
~enr or ru~ent s~ ~ ~ · ~ o~
~ 30. T~ cfo~ ~.~H b ~ ~ two
a un~m~ ~ A m~ ~Y ~ ~p~in~
~ ~e ~ for ~y ~e ~-e ~ ~ s~
a~ly ~ o~ ~m T~ s~l ~ s~g-
m~' ~~en~ ~l ~ ~n ~y one
(fl For the full t~rm of the tn~fial aH~oLutm~nU,
the ~ n~ ~g ~ ~~ ~0,
1~4 ~d ~e ~o ~~ ~g ~t~ ~
· ~ 20, 1095 ~ ~ ~~ ~'
~ ~ biolo~ ~~ ~ of ~ ~~
~ut a ~f~ ~ or ~ ~ ~ ~nt
{0~. No. 91.26, J 2; ~.N~ 91~, J 1)
Sec. 5-i-29. Of~ce~ &nd ~uppo~ s~a.'?.
~ ~e off~ of~t en~en~ ~ ~'
~c~h~ Off~' ~ sh~ ~ for one
~ O~r of el~ y~.
fo~ ~he du~i~ of~t ~~ in ~e ~e~ or
in~pKRy of the ~ In ~e of t~e r~
m~, r~i~on or d~ of ~e ~%~L%, ~e
~ o~ ~e ~~ ~ s~ ~=e ~ the
c~r from i~ mem~p at the ~e~ reT~l~
meeting. Such el~on s~ ~ for t~e
(c} ~f~ ~ ~ for ~e ~'
CD54:6
AUG 0 4 1.q98
EXECUTIVE SUMMARY
RII~Q~ FOR ~ BOARD TO ADOPT THE ACCOMPANYING
I~E,.qOLUTION AI~ROVING THE TRANSFER OF THE WASTEWATER
COg~Li~CrlON gYBTEM AND WASTEWATER SERVICE AREA FROM
ROOKERY BAY 8rRVICES, INC. TO COLLIER COUNTY I~'OR THE
eO~D PROVISION OF WASTEWATER SERVICE TO THE APPROVED
SERVICE .~,.RF,~ .4~ RECOMbtl~NDED BY THE COLLIER COUNTY WATER
AND WAS~ATER AUTHORITY.
' "" OB,/E~: To approve t~ transfer of Rookery Bay Service, Inc. (PBS) wnztewater
CONfflI)KRATION$: Rookery B~y Services, Inc. (R.BS) is the hold~ of Wastewater
Certificate 06S, which was trnnsferred by the Boa~'d ~ Rookery Bay Utilities, Inc. on
!::" " US 41 and east of SR 951. T~e Cotmty provides potable water service in this ~
Prior to the recem tr~mfer of thi~ utility to RBS, it's predecessor, Rookery Bay Utility,
~ the utUiW system without the required Department of ~e~ud Protection
ope~ti~ po'mits for wine five years. For RBS to tongue opo~on of the system and
obt~ the mluixed opera~g permi~ significant c~ital investmem would be required for
tl~ rep~ ~ ~ of the existing was~-water treatment plants. As aa alternative to
tho ~ outl~, RI~ h~ been negoti~ng with ~blic Works staff for the ~'s
~c~suisition of the s',,/slcm.
On Sun~ 16, 199~, tlz Bon~ provided ~on to Public Works staff to pmsue the
· cquisifion of the service territor~ and related collection sy~em, proceed with the public
heating requh'emeots r~arding the mmsfer/sale, and proceed with contract nego~ons
fix ~g service~ and system improvements to effect connection of the RB~ sewer
system to ~e Collie~ County Water/Se'w~ District's cent~ sew~ syst~.
O~ July 7, 1.998, RBS filed an application for transfer of its collection system and service
~ Io C'kfflier Cc. vary. Utility Regulstion s'ta~ determined that the at~lication met
the ~u.~ t~li~_ Itqni~n~ents pursuan: to ~ No. 96-6 (Utility Regulation
Ordinance) :zld w. hedl:led a public hea~ing before thc Collier Cotmty Wa~r and
W~wate~ Aufl~ori~ (Authority).
AUG 0 4 1998
Oa July 27, 1998. l~ Authority held a duly advertised public hearing to consider the
~licafion, the record, staffrcport, testimony of the partie~, and public comment.
Although the Authority acted in its capaci~ as the fact finder in this ~'tion, fuml apprm~
of a a-target re~ with the Board.
TI~ ~'~ rt~fl6ng ord., Preliminary Order No. 98-2 and ~orting
~ i~ on fil~ with the Dq>amnent c f Utility a~l Franchi~ Regulation (Bleu
W~ace - exten~io~ 7146).
The Authority ez~~ itz fu~g~ of fact and coucluzionz of law in formulaZing its
r~com~h6on to fl~e Board. The Auth~ty ~x~idercd itemz required by OrdJnan~
No. 96-6, a~ ~m~:nded, ~xi Section 125.3401, Florida Statute, in ~cnding appro~
of the tmmfcr.
I~sSCAL IMPACT: Upon tr'a~f~r to the Couaty, th~ De. lo. mt of Utility sad
F./~clfi~ Regui~oo would no longer receive Regulatory ~eat Fees (3% of gross
revemies) from ~ utility. The dcpaxtment's ~mnual rcvc~ue~ would decrease by
~mrd--,,,~y $s,700.
GRO~ MakNA~h~ IMPACT: None.
~~ATION: That the Bom'd spprove th~ Authority's ~:ommm~lation by
ndopting the ncomnl~/~n~ r~ol-ation wi~ the Authodty's Preliminary Order No. 98-2
D. E. Wallace, Director, ~ o fUtility smd Fnmchise Regulati~
~,~~ P ~a~lmer, Assimamt County Attorney
V~,cem A. Came,o, Adminislrawr, Connnunity Development and
Em~tal Servic~ Dividon
AUG 0 4 1998
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RESOLUTION NO. 98-_
A RESOLUTION OF COLLIER COUNTY, FLORIDA, PURSUANT TO
S/.gflON 1-19, COLLIER COUNI~ ORDINANCE NO. 96-6, AS AMENDED,
AI~ROVING THX TRANSFER OF WASTEWATER COLLECTION SYSTEM
AND WASTKWATER SKRVICK AREA FROM ROOKERY BAY SERVICES,
INC. TO COLLIER COUNTY, SUB,~CT TO SUBSEQUENT APPROVAL OF
TI~ AG"R~EMENT OF PUR~E AND SALE OF WASTEWATER ASSETS
!~ AND IIETWK~N ROOKERY BAY SERVICES, INC. AND ~ COLLIER
COUNTY BOARD OF CO~SSIONERS AS ~ GOVERNING BODY OF
COI.I.IKR COUNTY AND EX-OFFICIO TI~ GOVERNING BOARD FOR TIlE
CO~ COUNT WATER-SEWER DISTRICT.
WITKREAS, Re~lution No. 96-104 excluded Collier County from the provisions
of Chaptn' 367, Florida Statues, thru-by asstaning c. ert,,in subject matter jurisdiction over
non-exempt water and wastewater utilities operating in unin~rated re'cas of Collier
WIlICREAS, ~ No. 96-6, aa amended, established the Collier county
Wato' and Wagtewater Auth~ty (AUTHORITY) and specific powers and duties; and
WI~AS, on Ma~h I0, 1998, the Board of County Commi~ioner~ (BOARD)
at, in'oval the transfer of Certificate No. 06S and sale of wastewater assets from Rookcry
Bay Utility ~y, Inc. to Rookery Bay Services, Inc. for thc continued provision of
wastc~ater treatmem service in specific nnlnc~ areas of Collier Count~, and
WHEREA~, Ordinance No. 96-6, as ammded, provides a process for utilities
ur'der local jufiadic6on to file an ~plication for transfer ofwater and/or wastewater
~AS, on July 7, 1998, an application for tramfer ofwastewater collection
system and wastewnm' service ar~ was filed by Rookery Bay Service~, Inc.
CrRANSFEROR) to effect the transfer of the was~cwater collection ~ystem and
wastew~ service area to Collier County (TRANS~~; and
WI~iiF. AS, on July 27, 1998, the AUTHORITY held a duly advertised public
hearing to co~der said application, the record, staffrcport, testimony of the
TRANSFEROR and 'IRANSFEi~i=:F. ~tativcs, and public comment; and
~rFdgRKAS, the AlYrHO~ issued its Preliminmy Order No. 98-2,
inco~ hert~ as attachment "A', nxxmunending that subject to evidence and
argttmcnt, if any, admitt~l at a public hearing conducted by the BOARD, adopt findings
of fael and oonclttsim~ of law, es.~ally aa were found by the AlYrHORITY, that
Collkr Coumy's trarafer and purchase of the Rookery Bay Services, Inc. cerfificat~
wastewam' ~rv/ce mm, facilities, and contwl of said facilities is in the public intm
AUG 0 4 1998
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WHEREAS, the AUTHORITY'S Prel~ Order No. 98-2 fim~er
~nmgnds BOARD appp~al ofColUer Cotmty's wansfer axxl ptu-cha~ ofthe Rookery
Bay Services, Inc. wastew~ service area and wastewater collection system, more
psrticular~ ~ by the application for ~nsfer and the record.
NOW, TI~REFORF.~ BE IT RESOLVED BY ~ Board of County Commlssion~rs
The AUTHORITY'S Preliminary Order No. 98-2, including the findinp of
fact and conclusions of law, is hereby approved and adopted by the Board of
Pumumt to Section 1-19, Ordinan~ No. 966, as amended, and Section
125.3401, F/or/da Statute. r, the tra~f~ of the Rookery Bay Services, Inc.
3. This action shall be effective on the date ofclosing~
This Resolution adopted this day of
second and majority vote favoring same.
,1998, after motion,
ATTESF:
DWIGHT F.. BROCK, CLERK
BOARD OF COUNTY COMMI._~SlONER5
COLLIER COUNTY, FLORIDA
Deputy Clerk
Approved as to form
and legal sufficiency:
Thomas C. Palmer
Assistant Com~ AUomey
by:
BARBARA IL BERRY, CHAIRMAN
AUG 0 4 1998
P~._. '~ ~
ATTACHMENT "A'
AUG 0 4 '1998
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PRELIbilNARY ORDER NO. 98-2
COLLIER COUNTY WATER AND WASTEWATER AUTHORITY
A PRELIMINARY ORDER OF THE COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY, PURSUANT TO SECTION 1-19 OF
ORDINANCE NO. 96-6, AS AMENDED, AND CHAPTER 125.3401, FLORIDA
$/'A H./TES, RECOMlVlENDING THAT TIS'E BOARD OF COUNTY
COMbflSSIONERS APPROVE THE. AUTHORITY'S FINDINGS OF FACT AND
CONCLUSIONS OF LAW, FINDING THE COUNTY'S TRANSFER OF
ROOKERY BAY SERVICES, INC. WASTEWATER SERVICE AREA AND
PUR~E OF ROOKERY BAY SERVICES, INC. WASTEWATER
COLLECTION SYSTEM TO BE IN THE PUBLIC INTEREST,
RECOMMENDING BOARD APPROVAL OF ~ TRANSFER AND
PURCHASE OF SAME, PROVIDING FOR THE CONTINUED PROVISION OF
WASTEWATER SERVICE IN SAID SERVICE AREA BY COLLIER COUNTY.
WHEREAS, Collier County Resolution No. 96-I04 excluded Collier Cotmty
fi'om the provisions of Chapter 367, F/or/da Statutes, whereby Collier County a.%am~ed
certahl subject mater jurisdiction over non-excmpt water and wastewater utilities
lxoviding service in un--ed areas of Collier County; and
WHEREAS, Ordinance No. 96-6, as amended, established thc Collier County
W~a' .nd Wastewater Authority (AU'I~O~ with its specific powers and duties; and
WHEREAS, on March 10, 1998, the Collier County Board of Commissioners
(BOARD) adopted Resolution No. 98-~, approving the Umsfer of Wastewater
Certificam No. 06S from Rookery Bay Utility Company, Inc. to Rookery Bay Service~,
Ira., for the continued provision ofwastewater service in specific tmin~ted areas of
the County, more particularly described a~ Attaclunent "A', incorporated herein; and
WRT~REAS, Ordinance No. 966, as amended, provides a process for vtilitiea
under the County's jurisdiction to file an application with the AUTHORITY for the
transfer ofwalet ~ad/or waztewatcr certifi~te, facilities, or control; and
WHlaIREAS, on Suly 7, 1998, Rookery B,-y Services, Inc. filed an application
with the AUTHORITY'S Executive Director for transfer ofthe waztewatcr service area
ami purchase of its collection facilities, and conlrol of said facilities to COUNTY, more
particularly descrl~[ al: Attachment "A"; and
WIIgREAS, on July 9, 1998, the ALrl'HO~'S Executive Director
~ed that the application met the minimum filing reqRirements purmant to
Ordinance No. 966, as amended, and eztablished .luly 9, 1998, as the Official Daie of
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WHEREAS, on Suly 27, 1998, AlYrttORITY conducted a discretionary, duly
~lva'fised public hear~g to consider the application, the record, Staff'Report, tes6mony
of the partie~ md commexas from the public; and
~REAS, on July 27, 1998, after hearing all te~mony, AUTHORITY closed
the public hearing and opened its deliberative session to consider whether:.
1. The application meets the minimum filing requirements as ~:ncified by Rule~
oftheBoa
2. The application ia made ia good faith;
3. Transferee has sufficient resources to serve the area for with the transfer is
4. The Transfewr utility is in regulatory compliance;
5. The~ is an economic impact on the utility's customer base in terms of future
~ f~ and charge~;
6. The application conflicts with the County's Master Land Use Plan, including
capital improvm ats ¢lem ts;
7. The ~ should establish a new rate base for the utilit,f,
$. The utility is current in the payment of regulatory assessment fees; and
~. The utility is cummt in the filing ofAnnual Finandal Reports; and
WHEREAS, during its deliberative session, the AlYrI-IO~ also sought to
~ine whether a purchase oft. he utility by Collier County is in the public interest
purmant to Chapter 125.3401, F/or/da Sm,ute. v, by considering the following:
1. The most recent available income and cxpense statement for the utility,
2. ~ most recent available bal,,race sheet for the utility,
3. A statement of the existing rate base of utility for regulatory purlx)ses;
4. The phy~i~l condition ofthe utility facilities being purc~
5. The reasonableness of the purchase aacl the purchase ~,uis;
6. The impact of thc purchasc on utility customc~, both positivc and negative;
7. Any additional invcstment required and the ability and willingness of thc
8. The alternatives to the contemplated purchase and the potential impact on
utility customers if the purchase is not made;
9. l'he abiliV of the County to provide and maintain high-quality and cost-
Vi~tF-RRAS, pursuant to Section 1-19 (A), Ordinance No. 96-6, as amended, the
BOARD has final authority to approve, approvc with conditions, or disapprove thc
i,,,,sfer of certificated service area, facilities or control.
AUG 0 1998
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THIS PRELIMINARY ORDER IS THEREFORE ISSUED by the AUTHORITY, in
public m~ti~a asmnbl~ that:
Pursu~ to Ordinance No. 96-6, as amended, Rules of the Board, and Chapu~
12~3401, F/or/da Statutes, the AUTHORITY hereby reconnne~Is thai
· ~jc~ to ~vkhmce ~ m-D~mcm, if any, admitted at a public ~
~ by the BOARD, that the BOARD adopt findings of fact and
conclusions of law es,scntiaUy as have bom found by the AUTHORITY', as
k~'xted herein, that Collier Coun~/s tramfer and purchase of the
Rookn'y Bay Services, Inc. certitic~ w~ service area, facilities, and
control of said facilities is in the public inta'cst; and
2. Based on ~he public hearing held by the AUTHORfI'Y, the AUTHORITY
recommem~ that the BOARD authorize Collier County to purc~ the
~ystem, more particularly described a~ AI~ac~ "A'.
This PreHzrfln~ Order adopted this day of
motion, second and majority vote favoring same.
,1998, after
~ as to form
COLLIER COUNTY WATER AND
WASTEWATER AUTHORITY
Robert C. Bennett, Jr. Chairman
AUG 0 1 1998
EXE~ S~Y
AFPROVE THE FURCHASE AGREEMENT BETWEEN ROOKERY BAY
~RVlCF.,S, INC. AND COLLIER COUNTY WATER.SEWER D~CT;
ADOPT A RESOLUTION APPROVING THE FINDINGS AND FACTS
RELATING TO THE ROOKERY BAY FRANCHISE SERVICE AREA
SALES TRAN~AC'rlON; AND APPROVE A PHASE I~ APPROACH TO
USER RATES
~,~.~" ·:" ~]~]~: The Boerd. of County Commissioners, ex-officio the governing board of thc Collier
(CCWSD) CCWSD . oo
~,:i~'~;'.' ~o~'r~,ol~.S: On Amc IS, 199s the Board approved a request to consid~ acquisition of the
, . oooneciion of thc RBS sys~m to CCWSD have been r, csolvcd.
': ' ' On .luly 27, 1998, thc Utility Regulations staff conducted a public hearing before thc Water and
'Wasl,~valer ~ to adoS. a preliminary order approving transfer of rd~ was',ewa~ c. enificatc from
RII~ lo CCWSD. Final appwvc of the certificate trar~fer will be brought before thc BCC on August 4,
1995.
~ is $1.2 million. System improvements (force main and pump smiion) ~o alt'ca connection of the
R.BS ~ to CCWSD will cos~ approxhuatcly $300,000. lmprov~ co~ by RBS Inc.
with ~.hn~t from CCWSD fimds makes the total cost of the transaction to the CCWSD
apl~,xims~ly $1,.'~)0.000. T~ sas~.-wnm plant and as.~i~d ~ ~ will remain the proper~ of
R]~ ~ PBS will ~ re'Tonsibility for decommi~ionin~ the treatm~t facilities. The Alp'cement is
~flactled m F.x~b~t A to th/s e~ean/ve smnnm~'.
lq~ curro~ rate sc, he, dale of PBS Inc. is lower than that of the CCWSD. Where the typical RBS
~ now pays S13.18 1~'~ month for wa.,rtewalcr service, under the CCWSD be would pay $23.86.
~ the po~-,alial h~'i~p this might cause, staff has developed a two year phase-in approach to
~ the CCWSD nc~s. Under the proposed ap~..roach, properties with the largest ira-roasts
would hsv~ CCWgD rams phased-in over two years. Prc~i>.'nies with moderate increases would have
CCWgD rams phased-in over ~ year. Properties wi~h small increases or decrease would have the
·
Slmlma~
nm:s implemenl~ knmcdi~cly. Thc rate s~he~iulcs ami the proposed phasing ~pproach thc
::,' ~ ss Exln~it B.
l'hls ,~axgd be ~ v, ifl~ the approach used in 1996 to connect thc Royal Cove ar~a to the CCWSD.
TI~ Six L's Fsrm labor camp lies ou~i& of ~ Collier County Watcr-Sewer District. The point of
cmm~lion ~ ;s loca~t within the Collier County Wa~r-Sewer District. Th~ internal system is
~ ~ operaleg by Six L's Farm; the Collier County Waler-Sew~ Dis'txict will own only ~ lift
· Sll~0a ~ ~c~ ~ locmtd on US41 within o,.n' district
~ IlVffACT: Ftm(h ~.~e not specifically budgeted lbr the proposed acquisition. The negotiated
~ ptic~ is $1.2 ~n~,~ In addition., there ar~ approximately $300,000 in im,ra'ovemenls ~
~ !~ ~ in or, ct~ ia conuect the PBS, Inc. customers to the CCWSD. The terms of the agreement
c~l for I!~ CCWSD w rdmb~e KBS, !nc. for comtmctJon e ~those improvements.
2
AU$ O ' 996
to ws~-wat~ capital fund 414 and placed h a project number to allow the expenditu~ to be
'tracked.
Bored elects to pbnse-in Cour~ rat~ over a two.year period, t~ following revenue would result:
i~C~ATION: 51~ffrecom~ the Board npprove the purchase atp'cement approvin~ the
~ ~ ~ RBS, Inc. and CCWSD; adopl a resolution thai ~ forth the ~ and
.ti~s ~ m fl:~ s~s ~ approve r~:~'~kd raIe phasix~ a~d apprcwe ~ ~ecessary
PREI:ARED BY:
I AUS 0' ]998 I
Exhibi~ A
AGREEMENT OF PURCHASE AND SALE OF WASTEWATER ASSETS
By and Between
ROOKERY BAY SERVICES, INC.
Seller,
and
THE BOARD OF COUNTY COMMISSIONERS FOR
COLUER COUNTY, FLORIDA AS THE GOVERNING BODY
OF COLUER COUNTY AND EX-OFFICIO THE GOVERNING BOARD
FOR THE COLUER COUNTY WATER-S~ DISTRICT
oO
Purchaser.
Covering the sale of the wastewater system
of the Seller to the Purchaser
July, t998
AUG 0 I, 1998
TABLE OF CONTENTS
BACKI3R(XIND
1. Fumisl~ o~ Documents
2. Covefm~ to 8ell Ind Purch,tse and Descrlptto~ ot' Pu~ Assets
3. Pt.'cltmm ~ Payment
4. ~ Agreements, Reuse Agreemenl3, Rillhts Thereunder
S. Purcluts~s W~n'~ntles
8. Sele's WsrrunlJes
8.
O. Closing i:Me find Closin~
10.
11.
12.. 81GI~TURE PAGE
16. ExNM 4 - Prat Au Pr~nce Lots
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AGREEMENT OF PURCHASE AND SALE
THIS AGREEMENT .('Agreement"') L~ made this . day of ,1998, by and
between ROOKERY BAY SERVICES, INC., · Florida coq>oration (hereinafter referred to as the 'Seller).
whose pdndpal address Is 801 Laurel Oak Ddve, Suite 710, Naples, Flodda, and THE BOARD OF
COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA AS THE GOVERNING BODY OF
CO!_I_IER COUNTY AND EX-OFFiCIO THE GOVERNING BOARD FOR THE COLLIER COUNTY
WATER.SEWER DISTRICT (hereinafter referred to as the 'Purchase~, whose address is 3301 East
Tamlaml Trd, Pul:~icWof~ Divisk~, Building H, Thtrd Floor, Nal:~es, Flodda.
BACKGROUND
The 8clef owns and operates · sanitary waste'~ter c. oilec~o~, treatment and disposal system
which IXOVtdes r.a~ce to certain terrltof7 in unincorporated Co~er Coure/, Florida, and which olxrates
put. ant to permits issued by the Flora Department of ~ Regulation and terrltorf~l
luthodzallon issued by the Board of County Commissars of Collier County, Florida (hereinafter the
The Pum~aser has determined that acquisition of the ~ customer base, transm!~
mains, supl31y pipes a~d Additional Fncirflies as defined heroin (heminatter colleclfvely referred to as the
'UtBty Syslem') is In ~ best Interest of the Purchaser and pubr~ The Purchaser is de~T..,us of
purchasing the UtBty System, and the Seller is ,villing to sell il to the Purchaser upon the terms nnd
conditions se{ fMth ~ this Agmement.
NOW, THEREFORE, in coflsideral~ of the promises taxi covenants of this Agreement, and
othe~ good and valuable conside~on, the racetl~ and suffidency of which is hereby ac~owledged, the
paffle~, intending to be kJga~( bound hereby, agree as follows:
1. FURNI~HINO OF DOCUMENTS.
Thi~ days IXkX' to the execution of this Agreemer~ the Seller will make the following documer~
received by ~ from Rookery Bay Utltty Company CRBU") ay·it·hie te the Purchaser for Inspection. to
the extetlt such documertts are ill ~ Se~ie~'s possession of' contJ~:
~ Plans and spedflca~ons sho.Mng the wast~er tremmem plants of the Utility System.
together with · map showing the wastewater collection lines, lift stations, and ,131:)urtenances. and all
Exhi~ B: ·elks'· Wastewater Certificae No.06· (p~evtously RE~ CeflJflcate No. 06S) issued by
the Commission (hereinafter referred to as the 'Fra~..hise Certificate').
F.x~bit '~: A schedt~le and copies of all active agreements between RBU and owners, developers
o~ bulk customers of property to be Ixovided wastewater service (hemir~a/ter coil~ely referred to as
~ A copy of all books, records and repo~ of the Utility System, Including those provided
Exhibit ~ Copies of all permits, a~ons or other documents Oncka3qng those provided to
~~ govemmenf~l au'Jxxtt~, Including, ~ no{ limited to, the Florid= Depmlme~ of ~
RegMa6on taxi t~e CoEer County Water taxi W;etew~ter Authority.
E~bi]~[~: A Isl of' customers by nm'ne, address, and a_~__unt number.
Exhil:R G: Form of bi~ of sate to be executed .nd de~vered by Seller to the Purchaser at t~ 0me
of Closing.
~ Li~ of'Exct~ed Asesets" as referenced in ,A. rfJcle 2('0) hereof.
Extd~ I: Ust of Items or expenses to be prorated at Closing, If any, as caged foe pursuant to fi'ds
~l:d];J~: A legal description of ail easements and rights-of-way to be provided to Purchaser for
flit stations, pumping stations, transmission mains, supply pipes, Irrigation quaBy water and disposal
fadglies, vanes, and all other physical facies and property ]nstaaations related to ta<:git~ to be used by
Purchaser.
The ~ shall have twenty (20) working days foGowing reoelp( ot' the aforementioned
E3ddl:dts for review CRevlew Period') and within which to notify Seek.' of any requests for infon'n~on or
IddPdo~ to Ute Extdb~. Should Pt~-chaser fd to not~ Seller of a request for kdommtlon or m:ldltions
wflh respect fo an F_x~bit within the Review Pedod, Purchaser shall be deerned to have completed its
review and to have approved that E:xhit~ Nevertheless, Purchaser may make requests for additional
ariel' the Review Period, or response thereto from the Seller, shall be a basis either roi' delaying or
refusing to a~omlt this Agreement lo the Board o~ County ~oners for approval m' Ex' delaying the
Closing.
~ TO 8ELL AND PURCHASE AND DE.~CRIPT]ON OF PURCHASED
of the Seller to the ~r for the Purchase Price and ~ the terms, and sut~ to the cofxY~ons
herein) which Seller owns or in which it has an interest regarding the Utility S3t'~em as described in the
Exhit~ set forth above ~ shall not include the 'F_xduded Assets' desatbed in paragraph 2(b) hereof),
and which Include the following:
(1) All easerrmnts, Icenses and rfgha,-of-way and consents owned by Seller fm the .'
cpe~lion ~.r:d maintenance of the LP, Jlty Sydem.
amd opm'ale Itm Ully System fo~ the collection and cr~s~sal of wastewater and every right of every ..
character whatevm In comm~ therewith, and the obt~alJons thereof, together with al dghts granted to
Seller under g~e ~ described in F. xhib# B. Upon C.-k)sing, this Agreement ~ operate as a
AU6 0 ,q 1S 8
trml~er o( al luch flgh~ to Purchaser. The pa/ties shall c~e In applying for and ol:dalning transfer
of el such rights requktng regulatory approval or nolice.
(3) A1 past and current customer recorJs, Ixints, plans, engineering ralx)rts,
surveys, speciflcdiom, shop drav4ng$, equipment manuals, and other ~ommtion reasonably required by
the ~ which are I~ possession of Belier and its agents o~ the Closing Date pertaining to the
(4) One (1) set of drawings slx, wing the sanitary wastewater collection, trealment
and disposal ~ oi' t~e utility. Such drawings sr. all also include any original tradngs, sepias (x' olher
reproducible rnate~al where same is In possession o~ Se~r.
(5) A1 ~hts of Seller tz.xler It~ Devalope~' Agreements described In ExlTol C and
as Ixovlded for here~
(1:)) The tefra 'Excluded Assets" shaft irx:lude:
(1) Cash or bank accounts of SMer which are Seaer's sole property and am not
subject to refund to customers, including developers, ~ customers or others.
(2) Escrow and other Seller provisions for paymer~ o~ federal Income taxes, state
Income taxes and other ~oces .which remain SaaeCs resixma'biaty.
(4) · A1 notes and accounts receivat~ 0nduding connection charge notes receivable)
3, PI.IRCHA3E PEICE: PAYMENT.
(a) The Purchaser agrees to pay a total cash consideration in the amount of One MiTmn Two
Irimmbsion By)es, ~ pipes, collection pipes, valves, sen'ice con~, If any, taxi olher leas as.
4. D~i3.0P~R~ AGREEM~HT~.
(s) Ptrdlas~ ~.ali not be bou~ by any 8greements to which the Purchaser is not a
dOn. pe .
Pun:bas~ ~ and warnmts as follows:
(a) The ~r v~]l. subsequent to C.~. and consistent with prudent bUSiness
13~acUces. indus,/~tmxlm'ds applicaMe therelo. F ~rct~sef's Ordinm'mes. rules and regulations, and the
mquirmm~ al' I~e ~3rop~me governmental agencies l~rdng Jur~flc:Uon over the ~,sets and
~ ~ ~ Mien t~ vna~e,m~r servk:e erea del're, ed ~ Franchise Cer~icale No. OeS .s
~ In Ex~31'3" ~:hed hero.
(b) Pum~.~ acknowledges that Seller shall not own na~ shall Seller have ,n~ maintenance
~ m' rm~pom.~bi~k~ for any gravity colleclion sTslams -,nc~cx' pump of' lift stations conslrucl~l oe
has no{ deal~ with el~e~ a broker, salesman, o~ ~ in connec~ion with
contemp~ed by th~ Agreement. and. in ~ far ,~ it knows, no broker.
enUl~ed to an,/cx3mmtssi~ ~ fee with mspec~ lo such transaction.
(d) ~ ~nli malnlatn, repak' m'~d/~ replaca oely tho~a spectfic uflllly facli~es to which
11~ b I~j~ to t~e Counly pu~uam to thb AgmemenL This provision shill n~ affecl any
(e) In m event ~t~l Se~er ~ ~ted or required to i~/any Colier Courtly ~ Fees m.
warrants as
(~) T~ ~4~r tm=, full corporate power and authority to execute, del]va' and perform under
this Agmemr~ md th-.~ Coaaterd Doc~nen~ which, when executed and delivered !~ ~ Seaer.
¢on~llule l~e legal, vak~ and bindi~ ob~gation of the Se~er in acco~ance wfth their tmrns and
807.t202. FIr,.g.l~ 8tal~s. . ·
(b) The ~ ~ permCt full examination by the Purchaser's authodzed
8eler k. Ihe orrfam'F ceu~ge of business by the Seller.
e
(C) Th~ mgr~entaUo~ end w'arranUos contained hernia o~ m~e hereunder, end the
~ colla/eml doc~nen~, cerUflc~es, schedules end ot~er documents furnished in connection with
I~ tmnMcflon c~ hereby ~e those doa~nents ~ectt.,.ed by Seller from RBU. No further
(d) Prior to Closl~. ~e Seller shall operate and rnainla~n the Ut~ity System in a normal and
usval msnne~'.
(~) Se~ef Ires made a lump sum pr/rnenl to Purd'4~,~ in ~ ~nount of Fifty-five Thousand
00/100 I:)oPa~ (~5,000.00], and thereby each of the 122 lots in ~e Pod au Prince service area (see
E3ohi~ 4 ,tt~hed hereto) ~1 be credited wt~ an Impact fee p~/ment of $450.82. inclucg, ng Instances
~ ~ than I ~ ~ lot is ow~ by Ihe same owner(s). To ~ exler~ I~at the cred'A does
I~Y the total impa~ fee ~tributable to em:~ ~, the unpaid knpac~ fee bala~ shall be due and owing
Purctmser in m:con~m~e wire npplicable provisions of Puroh~se~s Ordinances. In no event, however,
slmll 841m' be ob~gM~ or required to pay ~ny addi~onal Impact Fee~, or outer costs, w~ regard to ~e
(0 Th~ Sear tins nc, dealt wfth either a broker, salesman, ~ finder kt connecUon with any
~ ~f ~e trm~sKIlon cadeo',~:~d by this Agmemem, and, in so fro' as they know, no broker, salesman
m'oll~r Ix~<m Is enlll~ t~ any ~ or fee ~ respecl to such tnmsact~n.
(g) ~ ~ not'lrdthodzed the placing or depositing (34' haza,-do~ substances on the real
M~lte portion of the Pu.~%aMd ~s excepL If at alt, in a___cx~:,nJance with the appricable Envkonnmntal
7. I)E~ F.N(3JMB]~U~C~.
(a) Permil~ed Encumbra~. 'Palmated Encumbrances' mean and include the following:
(1) EemTm~, restdctiom, reserv~or~, rights-of-way, conditions and rimitattons of
reco~, If any, which am not incmudstent with ~efler's other warran(ies end obtigatiom contained in this
Agreement, which are not coupled with any reverter or forfeiture provisions, Including (without limttatJoft)
(;2) Such other' matters as are perm~ed under the terms of this Agreement.
Also not less than ten (10) working days prior to Closing. Seller shall deriver to
Purctmser any survey in ~Mler's possession, which surv~(s) shall set forth all exL~ng easements, alleys,
streets and roeds, and s~tow MI Additional FecilitJes on the property and distances to boundary lines.
I. COI~[TIOI~ PR~ TO CLO~INn,
The ~ of e~ch pmly Io dose the IJ'ansac~on co~ed by th~s Agmemerd: ~ ~J~eC~
Nei~er plrrly stroll be pmht'Dlted by lav4ul decree or law from con~unm'~ the
Plge7dtS
(b) ~ to Section 125~401, Fk~ Statutes. the Boa~ of County ~shall
lmve ratified mci ~:~xoved. the execut~ of this Agreement and euthortzed the purchase of the
(¢) The Department ~ ~ Protection has agreed, in wrtting, not to tran~er
Impose any lines taXI penalties currently f. ueLMd agains~ RBU to the 8eler or to the Purchaser.
(cf) A1 w'afmnUes end r~~ heroin of the parties hereto shall be true ~s of tim
CLO~IN~ DATE AND CLO$1Nq~
(a) TII~ ~ shal close between the 25u~ day and the 3ltl day of the month in vdt:h
fhe AddlJofl81 Facillles Is completed, urde~ changed by mutual ogreemefll of the parties CCIosl~
(1) Al ~oounts receivable duo Seger for wa~ewater service es of tho date of
I:dl Idl cuslomo~ 8eSot sba1 furnish to Purchaser, et closing. 8 EstJflg o~ all cun'ent ctts~ome~ ~
Al cust~ne~ who ptid annually fo~ was~ewateF services end a poftk~ o~
tl~ose ~ tJ~ hove not yet been mndef~ as of lr~e Closing Date, the Seller w~ 81ocate a pm'aled
C~slng, a I~t o~ al amualy breed custonm, s and u~e doaar amount o1' the prorated sham Coy ~
b. 8pecfl'x:aly with m,gard to Six L's Fam'k the pad:les acknowl~ ~ ~
(2] Each of the parties hefl~o shall pay the lees of Its'own attorne)-s, benkm3,
engineer, accountants, as~cl obher prof~l adv'.-_.er3 or cof~u~ in connection with the ne~
and pun:lmse t~a~ cc, memplated ttemin, un~ess omerwLr, e provided for in this AgmemenL
(3) /.iT b']s for services rende;~:f tn cormec~Jon with the operation of the Utly
~/s~em prior to Clo~tng shflll be paid by 8eler.
(4) As an addition to the Purchase Pnce. Pu~ shaft reimburse 8eler fo~ Id pre-
Ippmvod expenses and cosLs Incurred by 8eler for ~e plar~r~, design, and constmc~ofl'o~ the
Add~omd Facfllles. The authodty to pre-approve said expenses and costs I~ hereby detegaled to
Pufchasm's Ptd:~c Wodcs Administrator. who shall base ~ such approvals on 8 reasonable applicalloe of
standards gene~ peewdtno In the engineering and c<'~:tJon IrxJustrles in confleclion
f~lglllflS
(5) All prorations required pursuant to the IXOV'cstons of this Agreement shall be
mede and egreed upon by the parties hereto.
10. ~
The provlstom of Article 2Co) and Articles 5, 6, 7, and 1 l(d) shall survive the Closing hereof and
11. ~ ~ -aJ~:OLe8
(a) Pd°r 1° ~ Ilmulaneota~Y wff, h the Closing here~, each pady wtg deliver to the olhet is
opinion of coumd that I has ful legal authority to enter Into this AOreemenL that the Agreement taxi d
colataral doc:mae~ hwe been duly authorized and are binc~g m the party, and to the best of such
coume~ belief, l~e ex~:~ion, delivery and perfo~ of I~e Agmemem and the colt~etal d~
(lees riel ~ a bmacfl or ~ by such Party of any agreement to which Itba party.
(13) This ml0ng embodies the entire agreement and mdersta~ between the parties
hemlo and lbam am no other agreements or understandings, oral or -dtten, with refemnoe to the subject
lite terms of ~ Agreement shall be valid unles.~ mede in writing and Si~lned by the parties hereto. This
Agme~ regard3ess of where executed, shall be governed and ~ according Io the laws of the
Igmeftm.,ll of I~e pmtlel ~. Good faith Is a ~ of this Agreement. In no event, however.
this pro, sion be c~ed to ~ow a~ by the PurrJ~._se~_. or third parties to the books and
(d) Neith~ Purchaser nor Sefler may transfer or assign th~S Agreement or the mspeclive
dulJes or obr~Oons I~'.,.:flder without oblatning the p~or wrft~en consent of the other except that
Pta'ches~ hemL~ come,ts to the assignment of this Agreement by the Seller to its stockholders or to a
(e) Any NOrK:O or other doctm'ent to be gh~en hereunder by either party to the other shall be
If to the Purchase.
ATTN: Mr. Ed Ibchner
Public Wod~ ~~
Co~le.r Oounty Pubic Wod~ Divbdon
3301 ~ Tarnim'ni Trai
ATTN: Mark J. Woodward, as AuUx)ftzed Agent
Rookery Bay 6endces, Inc.
801 Laurel O~ Drive, ~ 710
copy to:
4001 Tarniaml Ti'all North. ~<Jlte 350
Naples, Flodda 34103
(I) A1 rep~Mn~tJorm and wamueJ~ hefe~fom made by any pady Io the other am minded
irm I~s Anreemem.
em failure crete (Xher to dose this Agreernenl or to satisfy the ob~tkms contained hemln which exis~
(i) The ~ (3( this .,"~wwe~ ~ed a ~m effo(t of the parties hereto, and in
Inle~ml~ion here~. I{ stroll be ~-,umed that no party had any more Input or influence heroin ~
he~ ma7 be cons~ered to be equalb, appSc, able urger andY, her heading in the inte~ of ~
(k) This Agreement is solely for the benefit of lhe pariie~ hereto and no other ~ of
Idion shall accrue upon, or by reason hereof' to or for ~he benef'A of' any third party, who of which is not a ·
fomml pady
(The Remainder of thts Page ts Inlentionally Left B~anl0.
IN vvrrNES8 V~IEREOF, the p~r~es hsve hereunlo caused this Ag~nt to be axocuted ~e
and year ~fo~said in counting,
THE BOARD OF COUNTY COMMISSIONERS
FOR COU.JER COUN'~, FLORIDA A8 THE
GOVERNING BOOY OF COLLE~ COUNTY
AND EX-OFFICIO THE GOVERNING BOARD
FOR THE COLM~ COUNTY WATER-8~VER
DI6~'EICT.
EXHIBIT 1 - LEGAL DESCRIPTION
~__~ ~tmd ~b" po~,. o~ S~ ~4. Township s~ Scab, R~go 20 E.t. co~r coup,
EXHIBIT 2 - SCHEDULE OF EXCLUDED ASSETS
2.
blowers and associated motors
~ ,m~ter Pump and motor
wa~r pressure tank
~ flowmeter, associated cha~ recorder, manuals, suppaes, parts, records, etc.
surge pmT~p and motor
~ syslem, parts, manual~, etc.
elc. mdb ~ to DEP standards and in operation, quartedy reports, and records,
related to groundwater mo~ndng welts.
Port m INnce .006 WWTP
· 1 ~ Ind motor
· 1 IR stal]o~, pump, motor and misted equipment
· Kroltm aowmeter, force main, releted equipment Installed to County specifications.
(The Remainder of UtEs Page is Intentionally Left Blank).
Palgt 13 of t5
EXHIBIT 3 - ROOKERY BAY FRANCHISE SERVICE TERRITORY
Of 8.R. 951.
The NW~ ofthe NE ~ and the NE ~ ofthe NW~
The NW ~ of the NE % and the NW % lying South of U.S. Highway 41 and the SW
~12- The West ~ of E~ ~ ~/ng Nc~ o~ U.S. ~r;hway 41.
AND
LES8 THE FOLLOW, NG DESCRIBED PARCEL
~ -.The NE ~ of the NE
~G.I.~- The South ~ c~ the South ~ h/~ng East c~ S.P,. 951.
Township 51 8outh. Rame 27 Easl. ~ Couf~,~:
Al of Sections lS and 17~
~- East ~ and the East
(The Remainder of this Page is Ir~tentionalty Left Blank).
EXHIBIT 4- PORT AU PRINCE LOTS
The fallowing Port Au Prince lots will benefit from lump sum Impact fee payment of $55,000.00.
lots along Isle of St. Thomas ~reet, Including:
Port Au F'dnce Lot 61 Port Au Prince Lo( 72
Port Au Prince Lot 62 Port Au Prince Lot 73
Port Au Pdnce Lot 6:3 Port Au Pdnce Lot 74
Port AU Pdnce Lot 64 Port Au Pdnce Lot 75
Pod Au Prince Lot 65 Port Au Pdnce Lot 78
Pod Au Prince Lot 66 Port Au Pdnce Lot 77
Port Au Pdnce Lot 67 Port Au Pdnce Lot 78
Pod Au Prince LOt 68 Port Au Pdnce Lot 7g
Port Au I:hlnce Lot 69 Port Au Pdnce Lot 79A
Port AU Prince Lot 70 Pod Au Pdnce Lot 80
POd Au Pdnce Lot 71 Port Au Prince Lot 80A
Port Au Prince LOt 81
Port Au Prince Lot 82
Port Au Pdnce Lot 83
POd Au Prince Lot 64
Pod Au Prince Lot 85
Port Au Pdnce LOt 86
Pod Au P~nce Lot 87
Port Au Prince Lot 88
Port Au Prince Lot 89
Port Au Prince Lot 90
Port Au Pflnce Lot gl
Port Au Prince Lot 92
Port Au Prince Lot 93
Port Au Pdnce Lot 94
Port Au Prince Lot g5
Port Au Pdnce Lot 96
Port Au Pdnce Lot 97
Port Au Prince Lot g8
Port Au Pdnce Lot 99
Port Au Pdnce Lot 100
Port Au Pflnce Lot 41
POd Au Pflnce Let 42
POd Au Plince Lot 43
Pod Au r-,flnce LOt44
Pod Au Pr~nce Lot 45
Pod Au Prince Lot 46
Pod AU Pr~tce LO~ 47
Port AU Pr~:e Lot 48
Pod Au P~ce Lot 49
POd AU Pdnce LOt 50
Port Au Pdnce LOt 51
Port Au Prince Lot 52
Port Au Pdnce Lo{ 53
Port Au Prince Lo~ 54
Port Au Prince Lot 55
Port Au Pflnce LOt 56
Pod Au Prince Lot 57
Port Au Pdnce Lot 58
Port Au Pdnce Lo( 59
Port Au Prince Lot 60
Lots alo~ (::)clx) Rios Street, Including:
Port Au Prince Lot 21A
POd Atl P~lce LOt 21B
POd Au Pdnce LOt 22A
POd Au Pdnce Lot 22B
POd Au Prince Lot 23
POd Au Pflnce LOt 24
Pod AU Prince Lot 2~
Port Au Pdnce Lot 29
Port Au Pdnce LOt 30
Pod Au Pdnce Lot 31
Port Au Pdnce Lot 32
Port Au Pdnce Lot 33
Port Au Pdnce LOt 34
Port Au Pflnce Lot ~5
Port Au Prince Lot :38
Port Au Prince LOt 37
Port Au Prince Lot 38
(The Remainder of this Page is
Port Au Pflnce Lot 101
POd AU Prince Lot 102
POd Au Prince Lot 103
Port Au Prince LOt 104
POd Au Prince Lot 105
Pod Au Prince Lot 106
Pod Au Prince Lot 107
Port Au Prince Lot 108
Port Au Prince Lot 109
Port Au Prince Lot 110
Port Au Prince LOt 121
POd Au Prince Lot 122
Port Au Prince LOt 123
Port AU Prince Lot 124
Port Au Pdnce Lot 125
POd Au Prince Lot 126
POd Au Prince Lot 127
Port Au Prince Lot 12.8
Port Au Prince Lot 129
Port Au Prince Lot 130
In,'.entionally Left Blank).
Port Au Prince LOt 111
Port Au Prince Lot 112
Port Au I:htnce Lot 113
Port Au Prince Lot 114
Port Au Prince LOt 115
Port Au Prince Lot 116
Port Au Pdnce Lot 117
Pod Au Prince Lot 118
Port Au Prince Lot 119
Port Au Prince Lot 120
Port Au Pdnce Lot 131
Port Au Prince Lot 132
Pod Au Prince LOt 133
PM Au Prince Lei 134
Port Au Pdnce let 135
Port Au Prince LOt 138
Port Au Prince Lot 137
Port Au Prince Lot 138
Port Au Prince Lot 139
Port Au Pdnce Lot 140
Exhibit B - Page 1 of 3
Based on the severity of the rate change to the Customers, the customer will be charged from the
following nm, s (table):
Customer Name RBU CCWSD First Year Second Year Third Year""
Classification Classification 1998/99 1999/00 2000/01
Imperial W!idernes~ C~n Serv-RVP Commercial Table A Table A Table A
# 16.3 6 inch meter
Florida Ocean Unknown Commercial Table A Table A Table A
Petroleum I inch meter
Ward Services Unknown Commercial Table A Table A Table A
5/8" meter
Riverwood Estates Residential Residential Table A Table A Table A
Serv #17.1 meter size
Henderson Creek Multi-Res. M~'lti-Family Table A Table A Table A
Village Condo # 18.0
Six L's Farm Agricultural Mul'ti-Family Table A Table A Table A
Labor #16.2
Coral Isle Shops Unknown Commercial Table A Table A Table A
meter size
Boyae South (non- Unknown ~mercial Table A Table A Table A
residential) meter size
Boyne Sotrth Unknown Residential Table 13 Table A Table A
(residential) ,., ........ meter size
Erin's Isle Unknown Commercial' Table A Table A Table A
I' meter size
"'West Wind R_~z.r-,aifion Unknown Commercial Table A Table A Table A
C~'. 1.5'm,~x-r size
West Wind Residential. Multi-Res. Residential Table C Table B Table A
#18.0 meter size
Webb Enterprise Unknown Commercial Table A Table A Table A
.75"meter size
Port Au Prince Residential Residential Table B Table A Table A
Serv # 17.0 meter size
-B&I and B&B and Unknown ~4Ulti-Family Table B Table A Table A
Fritche~ Parks
Marco Shores Es:ares MuM-Res. ' Multi-Family Table B Table A Table A
#18.0
~ Park Multi-Res. Multi-Family Table B Table A Table A
#18.0
N~ples Tomato Agricultttral Multi-Family Table B Table A Table A
Cn'owers/DUDA Labor # 16.2
"Quails Roost MuM-Res. Multi-Family Table C Table B Table A
#I$.0
Cmlf Wiml$ Fast Multi-Res. Multi-Family Table C Table B Table A
#18.0
Southbay .°iantazioa Multi-Res. Multi-Family Table C Table B Table A
Holiday Manor Multi-Res. Multi-Family Table C Table B Table A
#18.0
Enchanted Shores Multi-Res~ 'Multi-F~tmily Table C Table B ' - "'
,# s.o
Table A: Sewer rsto Der Ordinsnce ~7-48. ado_Dt~! by the BeC on ~/23/~?:
Service Availat-ility chase:
Individually Metered Residemial & Non-Residential Property:
5/8 & 3/4 itsch meter $ 17.00 per month
I inch metex $ 35.00 per month
1 SA inch meter $ 53.00 per month
I ½ inch meter $ 65.00 per momh
2 inch meter $ 101.00 per month
3 indameter $ 197.00 per month
4 inch meter $ 305.00 per month
6 inch me~ $ 606.00 per month
$ inch meter $1,087.00 per month
Multi-Family (mater metered):
First dwelling tmlt $17.00 per month
Ea~ additional dwelling unit $12.00 per month
Volum ObarS :
Rmidenfial Maximum: The maximum volumetric charge for residential
prol~rty shall be 10,000 gallons per dwelling unit
Tabk B: 5ervle~ Availability charge j~ i'q~l~etnl by 25% (Note 2):
Service Availabili~ c3arge:
Individually Metered Residential & Non-Residential Property:
5/8 & 3/4 inch meter $ 13.00 Der month
I inch meter $ 26.00 per month
I ¼ inch meter $ 40.00 per month
I ½ inch meter $ 49.00 per month
2 iach meter $ 76.00 ~ month
3 ixw. h ~ $ 148.00 per month
4 inch meter $ 229.00 Her month
6 inch meter $ 455.00 Her month
8 its:hmeter $ 815.00 per month
Multi-Family (mat~er metered):
Fi~t dwell_lng unit $13.00 ~r moglth
Each additional dwelling unit $ 9.00 Der molqth
Volume Cluuge:
Pcr 1,000 gallon~ $ 1.96
Residettfial Maximum: The maximum volumetric charge for residential
pml~tY shall be I0,000 gallons Her dwelling unit.
5/8 & 3/4 inch meter
1 inch meter
1 ~A inch meter
I ½ inch meter
2 inch meter
3 inch meter
4 inch mctcr
6 inch m~er
8 inch meter
Multi-Family (mater metered):
First dwelling unit
9.00 ~r mont~
1S.O0 per month
27.00 per month
33.00 per month
$1.00 per month
99.00 per month
153.00 per month
303.00 per month
544.00 per month
6.00 ~r m0ntb
Volume Charge:
Per 1,000 gallons $ 1.96
Rcsidential Maximum: The maximum volumetric charge for residential
property shall be 10,000 gallons per dwelling unit.
Note 2: Table B and Table C are proposed phase in rales developed solely for RBS, Inc. acquisition.
Upon acquisition by the C. oumy, former KBS customers shall become CCWSD customers and be
mbject to rales aod otha' regulations under which the CCWSD operate~.
4
S
?
1
2.3
~.4
1S
~4
3S
,,I/
RESOLUTION NO. 98-
A RESOLUTION BY THE BOARD OF COb,n~l'Y COMMISSIONERS OF
COLLIER COUNTY, FLORIDA. AS THE GOVER~G BODY OF COLLIER
Cob~rTY AND AS EX-OFFICIO THE GOVERN~O BOARD OF TI-IE
COLLIER COUNTY WATER/SEWER DISTRICT; PROVIDING FINDINGS
PURSUANT TO SECTION 125.3401, FLORIDA STATUTES; DE=TERMI~NING
THE ACQUISITION OF T]~ PURCHASE OF TIlE ROOKERY BAY
WASTEWATER SERVICE TERRITORY IS IN TI-[E PUBLIC IN'rEREST.
CONSIDERING CERTAIN MI]VIMUM CRITERIA AND STA'rUTORY
POINTS OF CONSIDERATION AND MAKING AN]) ADOPT[NO A
STA~ THAT THE PURCHASE A(.}~ IS IN THE PUBLIC
~, [NCLU]3iNO A SUMMARY OF 'rile COUNTY'S EXPERIE~CE
IN WASTEWA'IT.R LrI'[LI]'Y OPERATION AND OF FINANCIAL ABILITY
TO PROVIDE SUCH SERVICES AND PROVIDE FOR PHASED-IN USEI~
BE IT RESOLVED BY 'I'HE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORJDA, as the Governing 13<~y of Collier County and as Ex.
~ the Oove~b~ Board of tl~ Coil~er County Wst~./Sewer District, ~
!. ~ B<~d of County Comn~s~x~ of CoH~ Coumy, FIo6da, as ~he gove~i~
bo~ of Collier County md as ex~ the Governing Board of t~ Collier
W~ Dimict (hereina/~ ~.oun~y"), arst ~ff from tl~ Collie~ Coun~ Public
stat~n~m for t~e utility, the mo~ ~ available l~ance sheet for the utility, listi~ assets,
liabilities, con~i~ in ~id of constmc6~ and t~e acc~nu~ed ~ thereof, and a
s~amn~m of ~e ex~.ing me b~e of ~e ~lhy for ~ ~ This information was
o~xained from the Rookn~ I~x Serv~c~ Inc. md the Ix~liminsry r~poru filed with ~e
Coumy Utility ^mJx~ B<~d f~: ~e year ended December, 1997.
2. TI~ County, b) and ~ hs Public Works Administra~ and staff, has
facilhics ner~aary for ~ion of the exi~in{ collection syslem presently owned b)' the
Count/ ~ th~ ~/~tern ~ Oy Rookery Bay S~wice~ Inc. (RBS). The Coun~ has
negotiated wit~ RBS ~nd the i'~'~es have a written ag~e~-nt which reasonably assu~s that
RBS shall co~inuously and properly opera~ the utility sy~-m un~il closing, on tee sale. and
~/s trm~ Pml~lly ;~ Ihe inter~ of prov/ding for & mxx~ service Iramit/oo in an
4. Tlx Cou:~ hu conskk':~ the impacts of th~ ~ of lhe ~ purctm~
Wastewater Facility is at i13 ~t7 and has a long history of poor sz~la~ory oomp/ianc~ it i~
ao accelermd service tmuition from RBS to the CountT'S reg/onal ~.
a:~ 6. RBS Im aiwa! m constnm the nec4a, m.y fadlMes for ctmmaaion to the County.s
aa r~'g/<mal ~~ ~ ~ ~li~ ln'.pact fees for the Cotsnty ~,~ional ~
aa from ~ amomer~, in conformam, e with the County's applicable impact fee ordinances.
7. I~ is in the l~blic intcresl that long range planning, olx. m~onal and financial
facilities ~ithin the Collier Coumy Waler/Sewer Distri~ be re~ uniform, effgient and
AU8 0 4 "'"
~. With I~ ~xc~on ofthe Six L'~ F~ ~ ~ ~ ~, To~p $1S. ~
~~ ~ ~ ~ ~ ~ C~ ~ ~ce ~ a ~fi~.
9. M~ ~ ~ ~~l~of~Coll~C~ W~
2o 1~ ~~~a~~~~~~.~
~j Bay ~ ~ ~ Colli~ ~. ~ ~ ~ ~g~ f~ ~ of ~
TI-~$ RESOLUTION ADOPTED A~TE~ MOTION, SECOND AN~ MAJORITY
VOTE FAVORIIqO ADOPTION.
Io
11
14
Is
3o
DATE:
ATTEST:
DWIGHT E. BROClC ~
BY:
· m? Thomas C. Palmer
,'. ~, Assi.,aa'~ CoumT
3!
~4
4!
4~
47
22 Ai~x'oved as m fo~m ~nd
~, ,,, I Ft~ ~-
OF TH:E COLLIER COUNTY
WAIER/SEWER DISTRICT
BY:
BAR~ARAB. B~Y, CHAIRMAN
ORDURE HO. 98-
COLLECTtON ANO ~ MUNICIPAL ~ERVICF~ BENEFIT8 ~CE, AND HEREBY D~INE
A~ "COMME/RC~U. PROPERTY" ~I~I.E FAMILY RESIDENCF.~, DU~, AND AU. OTHER UNITS
THAT SHARE IN COMMON A DUMPSTER, BULK LOADER OR SUBSTAHTIALLY SIM~LAR ~OUD
WASTE COU. ECTIO~ CONTAJNER; ALSO DEFIH]HG GUEST HOUSF..~ AS HOHCOMMERCIAL UNITS;
PROVIDI~ FOR CONFLICT AND SEVERABle; PRO'V1DIHG FOR INCLUSION INTO THE CODE OF
LAW~ AND ORDINANCES; PROVIDING AN EFFECTIVE DATE.
~ Adoption of an ordinance to amend Ordinance 90-30, as amended.
This amendment is to clarify billing resp<~sibilities between Board staff and the
~' (Haulers'). In addition, this amendment provides that guest homes,
regardless of size, are assessable..
CONSIDERATIONS; The original Ordinance (90-30), contemplated that County
staff would be responsible for billing rowhouses, 4-plexes and down to and
inclusive of single family residences. The Haulers would bill 5-plexes and up. As
development has (x:curred, collection practices (dumpster vs. curbside) and
property managc, rnent association activity has tended to blur the original
distinctions regarding billing responsibilities.
This blurring has resulted in the Haulers billing units that should be billed by the
County under the existing Ordinance. Approximately ten percent (10%) of the
total units billed by the Haulers should be billed by the County as a special
assessment in accordance with the criteria defined in the current ordinance.
To correct this issue, staff is proposing that the County bill only curbside service
and the Haulers bill only dumpster service for residential customers. This will help
the County's staff, the builder or developer and the customer. County staff will
know at the time of the C.O. whether a customer will be serviced curbside or
dumpster. The appropriate fees will be charged or a copy .of the contract for
dumpster service will be needed. Staff will know whether the customer will be on
the mil in .future years by asking one question, 'What type of service?" The
customer would never be charged twice because staff doesn't need to know size
of buiidinu, only type of service.
Staff has identified (with help from the Heulers) dumpster service accounts
cun'ently b~lled by ~he County and curbside service accounts currently billed by the
Haulers.
The attached spreadsheet shows those who have dumpster service accounts
which am billed by ~ County. The spreadsheet also shows that with current
sewice frequency ~nd container size, many customers will realize an increase in
rates. However, e~,ch association should review service levels to assure
receiving adequate sewice and not more than needed.
Staff is also recommending a change to the Ordinance on guest houses.
Curmn~ Ihe County does not bill guest houses and guest houses am defined as
home~ which are ~ than 40% of the main house. Staff ha~ been to many guest
houses and found that most have residents living year round. Staff has also
including guest ~. Staff believes there are approximately 1000 guest
houses in District 1. Some are already on the roil.
FISCN. IMPACT: The increase to 473-173411-343415 (Mandatory Trash
Collection Fund)would be approximately ~,539,800 composed of:.
GROWTH MANAGEMENT IMPACT: NA
RECOMMENDATION: Adoption of the amendment to Ordinance 90-30 as
arnended. Authorization and direction for the Chairman to execute the
REVIEWED BY:.~
Le> Oct~, Jr..
JAY:aw
DATE
DATE 7//~y~c~
DATE 7'/~'~/~:::"
I AU60 19981
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ORDINANCE NO. 9~..
AN Oi~Di]qANC~ OF COLLIER COUNTY, FLORZDA, AMEND~G
T~E DEI~TFION$ OF "COM~fl~RCL4~L PROPERTY" AND
~~ ~' ~ 0~~ ~ER ~3~ ~
~~ BErG ~E COLLE~ON ~ D~S~
~~ SER~ BENE~ 0~I~ ~ H~
D~ ~ ~O~R~ ~RO~E~ S~GLE F~Y
~~ D~~ ~ ~L O~R ~ ~T S~
~ ~ON A D~~ B~K ~ER OR S~~y
~ ~ W~ COLLE~ON ~~E~ ~O
D~G ~ HOUS~ ~ NONCO~R~ ~;
~~G ~R CO~I~ ~ SE~~; ~RO~G
~R ~~ON ~O ~ CODE OF ~WS ~D O~~
~~ ~ E~ DA~
WI~~, Ordinance No. 90-30, as amended, Cc~ing Article IV, Division
I of ~ 118, of the Collier County Code) excludes from the de6ni~ion
19 ~ Property" single farrdly residences, duplexes, triple,es, and
20 fourplexes tha~ ~'e not under one commonly shared roof; and
21 WHEREAS, Ordinance No. 90-30, as amended, del'roes ~ll "guest houses"
~ to achieve mor~ equity in the application of"similar ram for
24 ~:~,~:lnr services", single family residences, triplcxes, fourplcxes, and any other
2S units that share a dumpster, bulk loader, or substantially similar container for
26 collection of solid waste by or on behalf of Collier County ar~ he.by classified to
27 commercixl property;, these spccific guest houses are hereby classified as
2~ WIIZREA~ Notice of thc public hearing ~t which the Board of County
~0 Commi~i~ ~h.'~ll consider whether to enact this Ordinance has been achieved
31 pumm~t to th~ r~l~'em~ts of ~bsection 197.3632(4)(b), ~7or/da Statutes, by
32 m~iling the r~quired written notice by first class mail to the owners of up. its tha~
Ordinance fi.this Or~in~nce should be enacted into law, which notice concurren~
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me~ta fla~ 'Adoption of Ordinance" notice requirements for one public hearing
~ to ~l:~:fion 125.66(2Xa), Florida Stamtea; and
WHE~ th~ Board of County C~mmamionera has received written
objections and baa heard te~mony from all interested peraons who presented to
th~ Board such objections and/or t~timony, and after having considered such
information in accordance with subsection 197.3632(4Xc), Florida Statutes.
NOW, ~REFORE, BE IT ORDAINED BY TH~ BOARD OF
COUNTY COMMISSIONE~ OF COLLIER COUNTY, IrLORIDA~ that:
8F. CTION ONE. Section One of Collier County Ordinance No. 90-30,
emitled "Defmitiora" a~ amended by Ordinance No. 91-36 and by Ordinance No.
95-75, ia h~eb':, further amended to amend the defmifiom of "Comm~zlal
propen~ and 'W,~idential re'fits" as follows:
Commo-efa/Pro/:~rty means hotels, motels, multi-family and sin_~l~ family
reaidences axM ~ueat housea which receive bulk collection service (dumpater. bulk
londerl or any other ~ receivin~ such service; ~: ......
~ recreational vehicle parks, mobile home parks contaiaing mobile
homea, earagtmting thom mobile hon~ not located in mobile home parka that
eo~der~ real property under the state eonatitution and state law;, all commerdal
mlmuf~~ ~ricultural, induatrial and ir~titufional enterpriaea; also, any
building or Itru6~oar~ con~ing a dwelling unit or units that ia fumiahed, with or
without rent, aa an irmtant of employment, regardless of the number of dwelling
unita trade' one corm'non roof, which ia located u~xm real property flint ia th~ site
of ~aid employtm~ and upon which m'e located buildinga or stn~axr~ otlm'wiae
treated ~ eommer~;ial ~ under the terrr~ of this sectiom
/~~ ProperO, meana dwelling units, including aingle-family
reaidem~ ~ or individual dwelling units within multifamily
reaid~x~ but excluding ~ any building or ~zuctu~ which
eomti~ca eommxdal prolm'ty az defined in thi~ section. A residential unit shall
not b~ eoozidered to include a recreational vehicle in a recreational vehicle park or
a mobile hom~ in a mobile home park. P,e~'r~tional vehiclea not located in
reereatioml vehi~lea parka ar<! mobile home~ not located in a mobile home park
and which ar~ otherwise considered real property under the sram eotmitution and
state law shah be considered residential units for pt~rposea of this article.
AUG
~ 8~-'rlON TWO. CONFLICT AND SlgVERAB~LITY.
2 In tl~ evem fi,at ,hi~ Ordinance confii~ with any other ordinance of Collier
3 County or other ~lic~bi¢ law, the more r~strictive shall ~ply. If any phrase or
4 portioo of it~is ~ is held to b~ invalid or ~tutional by m~y corm of
__
$ competent jurisdiction, such portion shall be deemed a s~rm'at¢, distinct and
76 rumiaiagiadepmdempor~on.--pr°vi~i°n and such holding ~1~1! not .affect t~e validity of the
:
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! ! Th~ ~ of thi~ Ordinanc~ ~hall b~an~ ard I~ mad~
11 ~ of ~ ~d ~ of Colli~r County, Florida. The ~tion~ of
1~ Ordinan~ m~ I~ r~urnl~.~ or r~l~t~'~l to accomplish ~h, ~:1 tl~ word
I~ SECTION FOUR. EFFECTIVE DATE.
16 ~ ~ce shall take effect upon filing with the Dcpa~am~ of Sta~e.
17 The v,,me collectio~ rate changes c~used by applic.~on of this Ordimmce shall be
19 ~t~mquirumm~ofChaptcr 197, Florida Statute~.
20 I~A,q~ED AND DULY ADOFrED by the Board of'County Commissi~ ..
~ 21 of Collier County, Florida, ~ _ Oy of_ ,1998.
22 ATTF. h~:
~ DWIGI-iT F_.. BRC, CK, Cle~'k BOARD OF COUNTY COMMISSIONERS
~ By:. OF COLLIER COUNTY, FLORIDA
~6 'Depu~ Clerk ' - By:
REVIEW TI~ IMPA~ FEE STUDY AND ADOPT THE CONSOLIDATED
AND AMENDED COLLIER COUNTY WATER-SEWER DISTRICT IMPACT
That the Board of County Com~.~ion~'a tl~ Governing Bom'd of Collier Couaty,
CONSIDERATIONS:
The Ikaml ~aproved OMinan~ Nos. 92-9I ami 92-92 in November, 1992 which was based on the
Bt, own ~ad C~ah~il impm't f~ ~z~ly. TI~ Cou~t7 has adopted re~iaod Mast~ Plana for wat~ and
~ utihT~. To be ~ with the upd,xted ~ plans and to fulfill the requirement to
i:~fiodicldly ~ ~ utxiate metl',odology and rates, an impact fee r~,-iew was recently conducted
by Ag~oli B~rber ~md Brtmdage.
W~ter-Scw~ ~ct's water fee originally adopted in 1988
CoRer
Ires bc~m ~ for~xrd without change. Water impa~ fe~ have been in effect without change
TIm ~ ~ fee for tl~ Collier Coumy Water-,.%.wer District was adopted bytlae Board
ia~ 1992. WasZwat~ impact fees have been in effect without change for six ye~s.
hie of C,wri arm is proposed to be ~x¢luded from the ~ent of sewer impact fees because
wastewater nmsm, plan does ~t address ~ion of sewer service for this area. Exclusion of
ORD~j'IANCE CONSOLIDATION RF, CO~ATIONS
(see F~ 3.)
Similar to the rtta~tly cx~nsolidmd utilities adminis~ive oMinazr~, the current utilities impact
fee ordinaoc~ are cumbc~me, and difficult for Staffand the public to use. Presently, there are
over 22 w~__.~ m~! ~ms~ewat~r impa~t fee ordinances governing county utility .syst~n ~ fees.
The two primary impact fee ordinances date back to 1990, avprox/mately 20 amendments have been
np~ to date. R~<,om~:~led action includes the follow/nE:
· !~ user friendliness with a single compr~hemiv¢ document;
· Comb/ne waler and wastew~er impact fee o~ into one consolidated ordinance with
~:ommendad rate and methodology changes;
· Update sa/d ordinance as appropriale to ensure ]elptl compliance and fair and equitable
· Add Isle of Capd to areas excluded from the collcction of sewer impact fces;
· Adopt consolidated and ~rncnded Impact Fcc Ordinance.
i:M:PACr FEE STUDY
imposes identifmble sdded capital cos'ts to govcrnmcntal services, equity and ge, od finan~
practioes ~ tl~ assiEnmem of such costs to the residents or system users r~txmsible for the
added costs rather than the existing population base. Generally, this practice has been labeled as
CCWSD wa~ and s~nver iagn~ fees are a means to deft-ay the capi~ expenditur~ of co~g
new facilities necessi_~_~ by growth; shift the financial lxtrdext of consmlcting new facilities to the
new residents for whose benefit the facilitie~ will be built; maintain or reduce utility rates for
monthly service while providing a means of fi~anc/n~ the cap/tal costs as.sodzt~ with growth.
l'~ i .mpact fees developed for the Collicr County Watcr-S~wcr District:
Includ~ only asthnaIad incrcm~ ca~tal cost ofall uaused or new facilitics ~ to
serve only anfi~ ~ customer ~
will not include any costs of operation and maintemnce of the plant fadlities which may be
allocable to new users of the system.
The scope of services to bo performed as pan of the ABB study included reviewing impact fee
application and methodology adopted by other public jurisdictions in Florida, identifying conm~on
and acceptable ~ of fee determination, evaluating current methodol~ and performing the
tm:n~.saty annly~ to der:lop a fair and r~asonable imly,.~ fee methodology.
2
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b'71JgY RECOMb~NDATION$
Exhibit I, the nlmmlzy recomm~ from the ABB study.)
Change the level of service standards to be consism~t with average capacity needs, permitting
t~luinm~'nts, and average level of service standards adopted in the water and sewer master plans
taxi the Owwth Management Plan. The factors are consistent with anrcnt average level of service
~quirements of our single family custom~ base which serves as the basis for development of an
ERC.
The ~ level of service standard for determinati~"m of an equivalent residential connection (ERC)
will be reduced from 410 gallons per day to 350 gallons per day. The sewer level of service
standard for determination of an equivalent residential connection (ERC) will be defined as 280
gallons pa day.
The Study recommends tlmt the curr~t water impac: fee for an averagc single family home or
Equivalent Resi~ Co--on (ERC) increase from $900 to $1,275. This is a change of $375
or 42%.
The Study me, omm~mds that the current sewer iml~a fee for an average single family home or
Equiv~ent Residenfi~ Connection (ERC) increase from $1,340 to $1,575. This is a change of $235
or 17.5%.
'ibc Inimm'y reason for the disproportionate we~ system fee increase is due to not adopting higher
water system fees in Novc-mber 1992 while approving an increase in wastewater fees. Thc 1992
proposed wirer impact fee was S 1,290 per ERC which is essentially equal to the water impact fee
A debt service credit for the water and ~cr fees has been factored into the impact fee. The
w~cr debt ms, ice credit is ?.~.$. The westewa~ debt service credit is $365. The credit is based
on: 1) the mnount of debt sa, vice recovered from current rates; fi) indebtedness allocable to existing
The proposed County impact fees arc reasonable and ~re comparable to impact fees charged by
other public militics wJflgn the state of Horida. The proposed impact fees should be m~d~- effective
end implemem~ by thc County on October 1, 1998 in c, rder to fully recover costs associated with
consm~on of new wazer and wastcwater facilities necessitated by growth.
Fees per ERC
Wat~ ~,,ver Combined
Coumy Curr~t $ 900 $ 1,340 $ 2,240
County ~ $ 1~75 $ 1,575 $ 2,850
Utility Average $ l,a30 $ 1,866 $ 3,296
AU0 0 ti 1998
IMPACT FEE APPLICATION
Single Family: The Study ~ that the curomt water/sewer impact fee for an average
single family home or Equivalent l~sidential Connection (ERC) increase from $2,240 to $2,850.
This is a change of $610 or 27%. For a single family home in excess of 4,999 sq. fi. the combined
impact fee will increase from $3,565 to $4,763. This is a change of $1,198 or 34%. (See Exhibit 2,
Page 1.)
Malfl-Family, Mobile Home: The study recommcnch a square footage based fee for multi-family
and mobile home uait~. Thiz change will reduce fees by $330 or 15% for an average multi-family
mit ami $1300 or 58% for an ~ver~e mobile home and small multi-family unit. Multi-family units
above 1,500 glmre feet will increase from $2,240 to $2,850. This is a change of $610 or 27% per
milt. (.gee Exhl~t 2, Page 2.)
Non-Resldentiah Non-r~~ impact fees are based on meter size. Each meter siz~ is
equivalent to a certain nmnber of residential connections or E'RCs. Accordingly, the current
waterIsewer impact fee for non-residential connections will increase in the same proportion as a
dngl~ family ERC or 27*4. (See Exhibit 2, Page 3.)
Overan: Based on s typical mix of new construction, combined impact fee revenue will increase
by liPA with ws~ revenue ~ by 27°,4 and sewer r~venue incre~ing by le~s than 0.5%.
The tesutt of~e ~ impact fee nv, e and methodology change is a more equitable approach to
funding gww~ driven warn' and wastewater system improvements. (See Exhibit 2, Page 4.)
FISCAL IMPACt:
TI~ tentative FY 99 combined water/sewer impact fee budget is presently $7,950,000. The
tentative w~ter i~ fee budg~ is $3,000,000. The tentative sewer impact fee budget is
Baaed on the same amm~ l~vcl of activity used to develop the tentative budget and atypical mix
of coa.qrt~on ~ the m-vised impact fee ratrs and methodology will generate $8,776300 or a
I0.4% overall increaze to combined wa~r and sewer impact fee revenue. Thc r~venue generated by
'water i ,mpact fe~ will ~ by 27.21P/~ to $3,818,400 while sewer impact fees will increase by
0.16% (virtually (PA) to $4,957,900. The overall change, is $8'26,000. Actual impact fcc revenue
will b~ ~ned by the mix of consm,~on types, overall levels of construction activity, location
of new conzm~oo ~zl ~npact fee rotes.
GROWTH MANAG~ IMI'ACI~; The proposed CCWSD impact fees are designed to
provide adeq~ fmxling for water and ~er capital improvements required to remain
commrreat with the adopted Cn'owth Mmmgemcnt Plan ~xl ~ & sew~ master plans.
RFA2OMM~NDA'~ON:_ Staff recommends that the Board of County Commissioners, the
Board of Collier County, and, as Ex-Offido, the Governing Board of the Collier County
Water-Sew~ District:
~e tl~ Impact Fee Study and recommendations as prepared by Agnoli, Bm-bet & Brundage,
Inc., Public Resowces Management Cn'oup, Inc., mad Henderson, Franldin, Statues & Holt, P.A.;
Auihodz~ ~ 1, 1998 as the implemenIalion date for the new waIer and wastewaer impact fee
F..,d ILschner, Public Works Administrator
Ailnchme~ Exl~'bit I - ABB Impact Fee Study Summary
Exlulit 2 - hnpac~ Fee Ai~licsfio~ Tables
Eg,,tbit 3 - ~lidal~ Impact Fe~ Ordinance
AU$ 0 q I998
Exhibit 1
COLLIER COUNTY, FLORIDA
WATER AND WASTEWATER IMPACT FEE RATE KI~JDY
EXE~0~'~E SUMMARY (~)
was subsequ~fly au~led by ~ No. 92-91 (a methodology chz~e, not a rate chan~) on
N~ 10, 1992. The currg~ w~__~_ ~ f~ ~ve ~ ~ eff~ f~ o~ ~ y~ ~
~~~~ ~ onNo~ 10, 1~ ~~~m~
~. ~ ~ ~ ~ ~ ~ ~ ~ ~ t~ o~ ~ y~ S~ ~ ~I~~ of
~~h~~ ~a~of~~~~~f~~~
~ ~ ~ ~ m ~ 1~1 of~ f~ c~ ~ ~~ ~
dudng our ~ ~ and ~co of the Repo~
Th~ existing ~ fe~ we~ made effective by the County several yeats ago. The
following h a s~mun~ of the mm'eaffiy effective walta' mad ~ ~wic~ ~ ~
Wsmr Sen~ Impart Fee
W~ Service tmpaa Fee
Combbed
Th~ ~xizting ~ fees for tl~ ~ ami ~~ systrm do not adequately recover the
cost of fig ~ ca~zci'ty AUocable m inc~eJ:lt4J customers.
~ ~r~ ~ c~sider adopting the proposed impact fees as preseaned in this relxm
luld shown betow:.
Warn' Sys~m $1,2~.00
Wassgw~ Sysm'n
Combin~
e
e
5
e
The ~ommended ~ system impact fee ~ts an ina'ease of $375 or appix~dmately
42% above the existing rate while the recommended wastewa~o' impact fee represents an
~ ~f$235 er approxirr,-!ely 18% above the current fee.
The County should r~duce the existing basis (level of service) in the determination of tl~
Equivaknt ~ Connecti~ the v,'~_ t~ sys~m from 410 gallons per day to 350 gallons
of service ~ in tlz C~v¢ Plan. Such factor is consistent with the average
k.w.! ofmvice m~/tem=~ of~ Cou~'s ~e fam~ ('redly/dually ~tere/) residential
customer Ixtse which serves as the basis for the development ofan Equivalent Residential
For a ~ system, the County should utilize a lcvcl of service mmdard eqml to
2g0 ~allons per day ofaverage capacity per equivalent r~ideatial ~on. This is equal
~ ~ shoed ~ the potable water and sanitary sewer elements of the
Comlxelznsi~ Plan to the above-~f~ level of service factors to provide consi.~nxy
in the planning, hnpnci fee application, and r~!~ expansion nctiv~s of the ~ and
F.:t~in~ S~0.00 S I,.~,0.00 S2,240.00
Pn. qxa~ S1,275.00 SI,575.00:ti,ilO.ilO
Utility Avera~ [0] Sl,430.15 S!,~66.43$3,296.15
[*] l~n'Table 10 ~tend ofr~po~.
The proposed impact fees should be made effective and implemented by the County as early
as posn'l:ge sad as practical recognizing current development projects underway in order to
gr~:h.~ the co~t of cen.wuctl-.~ new wate~ and ~ facilities which serve
PG. 7
Exhibit 2, Page I
Collier County Water-Sewer District
Water & Sewer Impact fee Study
Applic~,tion Examples
Single Family:
Meter Current W/S 'Proposed WIS Increase
Description Size Units Impact Fee Impact Fee (~) % Chan9~
Detached up
to 4,999 sqft
and no more
than 4 baths 0.75 1 $ 2.240 $ 2,850 $ 610 27%
[baths ! 1 1 S 3.565 $ 4.763 $ 1,198 34%
Exhibit 2, Page 2
Collier County Water-Sewer District
Water & Sewer Impact fee Study
Application Examples
Multi. Family:
Rvrr'r i~ ~
750 ~lt ~ curm~ w/$ w/s Impac~ Incr~ee
~ ~ ~ unit~ ~mp~ Fee Fee (1:)ecma~) % C~
,,0.75 ,,1 $,, 2~ S ~ $ ~1,~} -~%
~ 8 $ ~3.~ s ~.~ $ ~.~), -~%
2 ,,, ~ s ~2.~ $ 47.~ S (~.~) -~%
3 ~ $ 6~.~ S ~,~ S (~.~) -~%
' I
Belween 751 Proposed
and I~KX) sqfl Me~r Current W~S W/S Impact
0.75 1 S 2~ S ~,elO S ~ 45%
3 ~ S ~,~ S 573,~ S ~,~ 45%
Mol~ Home Propo~d
1~ ~ and V4~ Curtain W/S W/S impac, Incm~e
up pe~ ur* Si~ Un~s ,Impect Fee Fee (Decrea~) % Change
0.75 1 S 2,240 3; 2.850 S 610 27%
I 6 $ 13,440 S 17.100 $ 3.660 27%
2 50 $ 112,000 $" 142.500 $ 30,500 27%
3 300 $ 672.000 $ 855.000 $ 183,000 27%
4 750 ~ .... 1.880.000$ 2,137,500 $ 457,500 27*4,
"~._. ? ,
Exhibft B, Page
Collier County Water-Sewer District
Water & Sewer Impact fee Study
Application Examples
Non-Residential:
waw Proposed
Meter Minimum Current Combined Increase
Size ERC Combined Fee Fee (l:)ecre.~) % Change
10.75 1.00 $ 2~40 $ 2,850 $ 810 27%
1 2.50 $ 5,~'~5 $ 7,126 $ 1,551 28%
1.5! '5.00 $ 11,200 $ 14,250 $ 3,050 27%
2 8.00 $ 17,920 $ 22,800 $ 4,880 27~
3 16.00 $ 35,840 $ 45,6(X) $ 9,760 27%
'4 '25.00 $ 56,000 $ 71.250 $ 15~50 27%
6 "50.00 $ 112,000 $ 142,500 $ 30,500 27%
8 90.00 $' 201,600 $ 256,500 $ 54,900 27%
10 145.00 $ 324,800 $ 413,250 $ 88,450 Z~%
12 215.00 $ 481600 $ 612,750 $ 131,150 77%
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4.5
l~xh~.bic 3
COLLIER COUNTY
REGIONAL WATER AND/OR SEWER SYSTEMS
IMPACT FEE ORDINANC~
COLLff. R COUIYTY FLTI~IC WORKS I)nClSlON
.~3~1 TAX(IAMI TRAIL, FAST
NAI)LF.S, FLORIDA 34112
COLLAR COt .~TY P. KG~ONAL WATER AN1}VOR SEWER SYSTF_MS
LM~ACT rE[ ORDNANCE
TAI~LE OF CO.%'TL~TS
SECtiON I. ADOPTION OF ORDI~A.~CL
?
I ARTICLE I. DEFLr%TTIONS. ~XCLL'DED AR,ERS. RULES OF CONSTRUCTION
t l:L'h'DflqGS. AND KEADOPTION ,4.,~D R, ATI~CATION OF .MASTER PLANS.
~ 1.0! De~iticms ............................... 4
~l !.02 .,Lrc~yF~cludedfroea~ot' W~etmd/a~
u Sewer tmpac~ Fees ........................... 9
I~ Foc~ C)~y ................................
u 1.03 Ralc~ of~ .......................... 12
I~ 1.04 lrmdin~s ................................ 13
I? I.O~
JS ARTICLE n. WATER AND'OR SEWER SYSTEMS IMPACT FFI:.~
It 2-01 ~ ................................ 16
20 2.02 Payment ................................. 17
21 2.03 Use of),4oneys ............................. 19
22 2.04 ~ve Fee C.~culatioo ...................... 23
~ 2.~ AR'nCt~ m ~nSC~-LA.qF_OUS ~owslo~
M 3.Ol
~s 3.02 Chmges of Si~ and Use ........................ 25
2~ 3.03 inm'~ ~o be Paid oo ~ Kefua~ ................. 26
~ 3.04 Affordable Hoasi~ .......................... .26
28 3.041 A.f'~-,~,bte Housiz~ Dcf~ Beoetrn~ Sm~dznh ao:l L~. 3 !
~ 3.~ ~ CoSect~ ~ ..................... .13
~o 3.06
JI 3.O7 Parv~ew Hen'in~ ............................ 39
Y~ 3.(~ Review ~ ........................... 40
~) SECTION 2.
:~ ar, d/o~ ~ Systems Impec~ Fee~ ........................ 40/41
3~ SECT[ON 3. Declaz'ntion of Exclusion from Administra~' e
M Ptoccclurcs A~ ........................... 4 I
3t SECTION 4. Cont~ and ~.~-r~bili? .................. 41
~ SEC'TTON ~ Inclu~on~l~eCodeofLaw~az~d~ ....... 41
3~ SECTION 6. Effective Dar ......................... 41
al
!
2
$
IO
II
14
31
41
6!
ORDL'qANCE NO. ~S-
AN ORDINANCE TO BE lO/OWN AS TI~ COLLIER coL?crY REGIONAL
WATER AN~R SEWT. R SYSTEMS LVI~ACT FEE ORDLNANC'~
FROVIDfNG D£FL'NTFIONS, RULES OF CONSTRUCTION; PROVIDING
F~'DINGS; PROVTDLNG FOR EMINYSI~ON OF REGIONAL WATER AND/OR
SLrWF. R SYS'~M~ IMPACT FF.F.S AS FOLLOWS:
WATER AND SEWER SYSTEM ~MYACT ~ SCF~DL'LF.S
L/V~G BASlS Og ~ ~ ERC WATI:B SI:WIX
SI'ACt ALLOCATIOIq S122: IMPACT IM~ACT
SEKC;LZ FAJ~2,Y 0 K) 4,999
C~ mO~l dm Scl. Fi-
MI,~TI-FAMZL,Y 0 to 750
~ HOMX
M'ULTLFAM~Y ?~ 1 to
DUYLEX Sci.
MOIZLZ HOMZ
MIJL~irAM~Y
Pa t~it %' 1.0 S1,275.00
Me~ SL~ Pa ~a Based
Pr~ Lhfit Onlimm~ Hcscr Sim
Pe~ t. hk Per
Per Unit CXqlmce
SI..S?S.QO
St,575.00
· 33 S 420.00 S
· 67 S IS:~.00 SI,0~$.00
1.0 SI,2'75.00 SI,.S75.00
WATEI ~
IM~ACT DOACT
~, S 1~'75.00 S 1~75.00
I S 3,11::1.4)0 S
I-I/2 S 6~I?S.GQ S ?,r75.00
2 S 10.200.00 S t2.~.O0
3 S ~0,400~0 S 2~200.00
4 S 31,~7:LQ0 S 39J7S.00
6 ·S ~$,7~.00 S 7L175.00
I SI J 4,7~().00 SI41.7~0.00
10 Sil4JTS.00 . $2:2L17S.00
! 2 S274.1 ~.00 S3]L62S.04)
PROVIDING FOR PAYMENT AND US£ Og MO,N'EY~ ALLOWING
ALTERNATIV~ FEE CALCUlaTIONS; PROVIDLNG FOR EX~rM]r~ONS;
PROV~DLNG FOR COI2~.ECTTON OF ZMI~ACT ~ ~ CHANGES IN
SIZE AND USY4 PROVIDING FOil: AFYORDABLE HC .'.~"TNG EXLM]~ON
A,~D AFFORDABLE IIOUSING RI2b~UIC~IKENT; PROVIDING L~TEREST
TO BE PAID ON CLrRTA~ RE~'NDS; i'ROVlD~G FOR DEVELOPER
CONTRIBUTION CREDIT; PROVI.DCqG FOR PAYM~N'T AND COLLECTION
OF WATER ANDgJR SLWER SYSTL-MS IMPACT FEES; IrROVIDLNG FOR
REVIEW HEARJ'~GS; REQUIRING P£RIODIC REVIEW; i'ROVIDING FOR
.............. l .... L ................. J ...... I
6
I0
l!
i?
2O
~0
THE REAl)OPTION OF THE COL'NT~ WATER A%l) SEWER .MASTER
fLANS: REPEALrNG COLLIER COL.'~'Y ORDL~ANCTr. S NOS, ~-9'~ AS
A.M£NDED, ~ AS AM£NDED, ~ AS AMENDED. AND 924% ALL
RELATING TO THE REGIONAL WATER A.%'D~0R SE~,'ER SYSTEMS
IMPACT FEES; SPECII~fl~G EXCLUSION FROM TI~ ADMI~NIb-flL~TIVE
PROCEDURES ACT: PROVIDING FOR INCLUSION LN ~ CODE OF LAWS
AND ORDLNANCES4 PROVIDING FOR CONFLICT AND SEVF, RABi~;
AN'D PROVIDL*'~G FOR AN ~ DATE.
~'HEREAS, ~g Board of Coup/Commissioo~ h~s ap~r~d mas~ plato ~ dm~b~
prov~ regio~ w-a~ and ~a~ ~y~-,.ms ~ ~ ~ of ~ ~ ~ °f C~
Com~, which ~omprise the Collk~ Com~ Wa~r. Se~r Diga~c~ md
lands ~o~de cgrma di.~ facili~s, md ia ~ d~mfd~ Be~d of Cmm~
Com~ ~ ~ iDclu~ d~e co~ of ~%ose dign'bufioo faciliti~ ia i~s c~-'uiatioo of w~er ~d/or
WH'ERF. AS, k is ag~csm~ to morg ck~y ~.~ thg Io~~ poU~ ofd~ Bo~d rgL~tive
NOW, TREREFORF~ BE rr ORD~ BY TI~ BOARD OF COUlVrY
COM~[ISSIOIVl:RS OF COLLIER COUNTY. FLOR/DA, ~
When u~l in this Ordin~e, the follo~ roms shall ~ ~~ ~
'Affo~ Ho~ing' ~1 ~ a dwclliflf ~t ~fikh b off~ for ~ ~ ~ f~ m ~ w~
w~ ~ ~ ~ f~ ~ ~bli~ in ~s ~i~e ~ ~ H~.
'Affo~b~ Ho~ ~fe~ ~1 ~ ~ ~ of~ ~ ~ ~ off~ a ~
'~o~ab~ Ho~ Wab'er' ~.~ll ~ ~ vol~ fi~ m ~ly ~li~ or a~
II
12
~4
Ii
L Golden Ga~e ~ Unit No. 28. Plat Book 7. Page 19, Public Records of Collier
County.. Florida.
J. Golcicn Gatt Est~..s~ un't No. ~. PL~ Book 7, Page 57. Public Reconts of Collier
County. Florida.
K. Golden Crate Estat~ Unit No. 30. Plat Book 7. Page 51. Public Records of Collier
6
$
I0
16
2!
2~
Cem~.'. Florida. This mlxlivisioo isnow pm.~ of Florkh tiles Wa~r Compmy's cerftmued ama. L ~ ~e ~. Unit ~o. 3I. P~ ~k 7. Page 59. ~blic ~ of Colli~
M. ~1~ ~ E~. U~ No. 32. P~ ~k 7. P~ 21. ~lic R~o~ of CoHi~
N. ~ ~ E~. U~t No. 33. P~ ~k 7, P~e ~. ~blic ~ of Colli~
O. ~ ~ ~ U~ No. ~. P~ ~ T, ~e 23. ~ic ~ of Colli~
C~. F~
P. ~1~ ~ ~, U~t No. 3~. P~ ~ 7, P~e 85, ~lic R~ of~lli~
C~. ~
Q. ~ ~ ~ U~ No. ~. ~ ~ 9, ~ 45, ~lic ~ of Colli~
~ ~~~ U~lNo.~.~7,~,~bl~of~ll~
C~. ~
~ ~ ~ ~ Um~ No. ~, ~ ~ 7, ~ ~, ~ R~ of~li~
~!~ of~ ~e-mf~ ~ ~ ~ ~ E~ ~ ~ ~ ~ of~
~ a d~ of 5~.~ ~ ~e ~ 0 ~ ~ ~ ~ ~ ~ ~ ~e of 137.19
f~ ~ ~ SS ~ 41 ~ 53 ~ ~ a ~e of 3959.~ f~ M ~ ~ l~ of
~ ~ 6: ~ ~ 0 ~ ~ ~ ~ ~ ~ ~o~ ~d ~ !~ a ~ of
~38.~ f~ zo ~ ~ of ~g. S~d ~ ~ c~ 371.~ ~, ~ ~ I~ M~
!0
V. Az'cas Norti~ or' R~o Road - Ioc3~ v.'itJ~ Scctioa
~ C~r S~ R~ ~ L~. ~ F~I~' C~le ~.
W. ~1 o~ ~ 1, To~p ~0 ~ ~c 26 ~ (cxcl~g F~I~ ~'~): P~ of
~ 9. To-~p ~0 ~ ~ 26 ~ P~ of ~ 16. T~p ~ ~ ~c 26 ~:
P~of~ 17, To~p 50~ ~26 ~ Pm
~ge 26 ~ ~1 ofColli~ C~'. Flo~ ~ ~)'
~ ~ H~e Trak Ud~ W~. C~ ~ C~
~i~ R~ S~ Blvd. ~ ~..~ A~
~ ~ ~ C~ Way.
~ ~ ~-~ !~ ~ ~ ~ ~ ~ ~~t ~ ~cl~ion of
~ K~ M~ ~~ ~I~ ~ ~ ~ ~s ~-~ ~ ~& ~ Colli~ Co~
~ S~ Ufli~ ~.), ~ ~r R~ ~ ~i~ i~ ~ Colfi~ C~, Flofi~
~ ~l~~~C~ofN~im~~u~M~~'
1977 Ci~/Co~ A~ent ~ ~m ~m.
~ ~ofCR951~U~l: ~~~~of~~W~-
~ ~ ~ ~ ~ fo~o~: ~ of ~ 36, To~p 49
~1 of~ 1, 11, 14, 23, 26 ~ 35, To~p ~ ~ ~ 26 ~: MI of~ L To~P
51~~e26~P~of~o~l, ll,~12, To~pSl ~~26~P~of
~ 7, 8, 16, 17, i~, 20, 21, ~ ~ 27, T~ip 51 ~ ~ 27 ~ ~of~U~ C~,
~ ei~ ~ m ~ m ~ ~ ~m ~ ~ ~o~ W~
~ ~ ~~ &~ ~ ~ R~ W~ S~ ~! ~ ~ m ~ ~ifion of
~ f~ ~ ~on 2.01 of~ Colli~ C~7 ~o~ W~ S~
~ ~c ~ ~ if s-'d I~ g Iogi~ly c~~ ~ Wat~ Sy~ ~ ~'el~ent.
~ds ~n Colli~ Co~' g~ly excl~ from ~ deflation of Se~ Sy~em lm~t F~s m'e
d~fi~ ~:
~ ~ ~ I~g ~n ~ Pi~ ~ge S~i~ion ~ ~ m Plm ~ 3. Page 24.
~blic R~r~ of Colli~ Co~,
B. Pi~ ~dge ~iom Plat B~k 3. P~e S1. ~blic R~or~ ofColli~ Co~'. Florida.
C. Pi~ ~gc Su~ix~sion. Plat B~k 4. Page 29. ~blic R~or~ ofColli~ Co~'.
11
D. Pine Ridge Secomt £xtetlsion. pla! Book 10. Page 86. Public R~o~ of Collier Co~'.
~ P~ ~dge ~o~ E~i~ PI~ ~ 12. P~e
FIo~
Sy~ ~ ~y ~ ~~ ~ ~ ~ ~ ~liw.
V. ~ C~ U~t 1, ~ ~ ~ ~ L P~ ~08. P~c ~r~ of Colli~
Co~, ~o~ ~ C~ U~ 2, P~ ~ 3, P~ 4, ~biic ~o~ of Colli~ Co~. Flo6~
C~ C~ U~ 3, P~ ~ 3, P~e 48, ~1~ ~ of
~ ~k 13, ~ ~0, ~blic R~ of~ll~ ~,
~ ~j~t ~ ~ ~ng ~ ~ ~y S~
G. F~ ~ ~g ~ Pm ~ I0, P~ ~, ~c ~ of ~lli~ C~.
H. ~1 ~ ~o~ly ~ ~ ~!~ ~ to P~ ~ 13. P~e ~. ~bl~
L T~I~~~P~I~O,
J. I~l, of~ No. 1, ~ m ~ ~k ~,
~o~ hl~of~o. ~ ~~ ~~,
C~, FI~
~c~oa !.03. Ru~ of Coa~t~
For ~ ~ of~tion ~ ~~
co.faction: use oldie masculine Ic~' shall include the feminine Icud~r.
6 D. ~e ohrJ~ -used fc~' imludes -~mm~,d fc~,' 'desired fo~,' 'n'~imi-:~ t'o~.' o~
? -oc:~ed for.'
F.. U~l~s the oomexx cle~y i~dic~s the c~wjr, ~r~ a mgulzsioa i~volv~s mo o~ mo~
to ~ ~j~ ~1 ~ ~ ~ fol~:
~~~l~~~~of~~~.
6
*7
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II
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IJ
I?
I1
19
]4
I
I0
!.2
14
I&
f7
41
43
47
U'VI]qG BASIS OF ~ ~ FJLC WATi~ SEW'ER
SPACE AL.LOCAT'iON SIZE [M?ACT Ill, PACT
(Sq. Ft.) FEE FEE
SZNGi.~ I:AMI1.Y 0 to 4,999 Pa' Unit
¥; 1.0 SI,275.00 SI,.S75.0O
SINGLE FAlvOI. Y Ov~ 5,0O0 Mnsr Sizig Per n/a IEhued c~
{)4n~ tim Sq. Ft. Per U~it Ordinance Mem' Sim
4 bsdvocsm)
kOJ~.TI-FA.M2LY 01o 7SO ~ L/~ i~
TRAVEL TR, AI~ l~r Unit or Spac~
~tV (t T~V~
hfULTI-FA,t4~Y 751 m 1,54)0 Pst UId IDVr
~ Sq. FL I~r Unit Ordinmme
MO~IT.E HOI~ Ptt U~ m Spree
MULTI-FAIrLY I ~1 m ~ I~ Unit
D~q. ZX Sq. FL I~ Unit
MO~IL~ 1401~ Pm. Unit ar Spm~
SI,.S75.0O
.33 S 420.00 S $2O.00
· 67 S 1~$.0O SI,OS:S.0O
1.0 S1,275.0O SI,575.0O
WAT'-r.R 1KETEX StZE
WATER SEWER
fMT'ACT IMPACT
FEE FEE
i
I-I.~
3
4
6
$
I0
S 1~275.0O S I.S?.'L0O
S ].IM.OO S 3)31.00
S A,3?S.O0 S ?JgS.0o
S !0_"0o.0o S 12,60o.0o
S 20,40o.0o S 25.20o.0o
S 31J75.0o S ~9,373.0O
S 63.75OO0 S
SI I4.TSO.CO S141,750.0O
S i ~ .r/:s .0o
s'J.?.l.1 ~.0o s33L6~.~.S.0O
16
6
?
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I!
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21
B. The Wasa' and/or Sewa' Sys~'ms lmpect Fees r.~all ~
c~ ~ ~ d~ m ~ ~
~ S)~ ~ F~ ~ ~ f~ ~ ~ 2.01.
I. S~ f~y ~ '~ ~ f~ ~1
~.17. ~ l~ S~ ~y ~ ~ ~ f~ ~ ~ ~ ~
(!) ~C.
~~-17,~~
~s~~F~~~~of~~~
~ ~ s~
I
2
4
:S
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9
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21
OrdLnance No. 96..I 7 ,~1 .~. 96-I l) ~1 ~ be bog o~ I1~ Count's ~s~ o1' funds f/
the immedi:Btely ps'ocee~in8 £~1 .ve~.
3. With th~ ~ception oftl~ aplxov~ ~d execufionof~greemem~ ~ ~~of
r~lsted agreements. ~ith a face ~o,.~a i~ ~ of ~.~. ~ ~ ~-~b~ ~ m
~ of ~ ~i~ W~ ~ ~ ~ ~ of ~ ~.
~ F~~~~~~~~)~of
~~~~~~a~of~~
~ of~ ~
~ of ~ ~ F~ ~ ~ ~ ~
C. ~i~f~~of~ Wa~~S~~F~~~
D. ~~tavg~in~f~a W~~S~~
F~ ~ ~ ~ ex~ ~ ~ ~ ~a~ of~ co~ f~ ~ ~ ~ ~ ~
II
19
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6
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t2
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14
16
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19
2O
21
22
23
24
27
2~
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!
6
'7
$
I0
13
F/
Il
19
21
24
2~
2'7
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21
6
7
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1:3
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18
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21
22
2'7
28
.tl
3'7
31
~9
(d) A c~ of~ ~ ~ ~ ~ ~ ~ bill.
C~' Ad.myer ~i ~ ~ ~ ~ ~ ~d of
F~ ~ for ~ ~ if~h c~ ~ ~ ~ ~
~ ~ ~lic~ic ~ ~ ~ ~ ~1 ~ ~ m
~~of~
~ ~ ~ f~ ~ ~1 ~ ~ ~ ~ C~ ~~ a f~
(a)
· ) A~of~~~ ~~of~ fm~~
~~~of~
~y c~ge ~ ~ ~ of~ ~p ~ch ~ ~ m ~ of~'
~M ~m ~ C~;
(~ A co~ of~ ~~~~.
3. %~ ~' (~) ~s ~ ~ ~of~ ~a~ f~ ~ ~ if~
im~ f~ ~ ~1[ ~)t Mv'~ ~ ~ ~ ~w ~ li~iw of~
~ ~ ~ ~ct f~ ~t ~co~ ~ it s~l ~ ~ m ~ ~fi~o~. For
~ F... The Al~'rnazive V,'a~tt ar, d/or S~wet S.',~'~.~ Impact Fee~ csJctdat~ shsdl be based o~
-~ inf~'natk~ ~ usu~ptiort~ co~,~d in t~ ("~t~-,ce. ~ ma.~et plans referenced in Section 1.0f of
J t~s O~nar~e. u ~ amen<~, o~ an Altern~vc Water anct.'or Sewer Sy~'m~ tmpac~ FeesStud~.'
4 ~ upe~ an indel:~n~n: souse pmv~ck.d the ~ ~u~c.e is · ~ study ~ ~. a
:~ base adequale f(x the conclusiee, s contai,ied ia ~c~ study., perfom~.d accordir~ to & gener~ly accepted
6 mcttp:xSolo~v and hued upon geocr~l~ accepted standard sou~ orr in,"ormation relating to facilities
? plaan~g, cos~ anii.v~s and (Semogriphics. The b3depe~dem source mu.~ provide comlx"tcnt substanti~
I evideoce tha~ the Ahcrnadve ~iter and/(x Sewer S.~'ms Impact Fees tt. Txestnu an equitable ixo rata
9 dm'e or' the cost o~r czpitaJ Lmpr~'en-,~ts and add~otts to t~e Reg~onzl Wa~er md/~ ~ Sy~
~o necessim~ ~ the subjec~ W~,.te~ ancot Sew~ S)~.~ns Lmpac~ Development.
t2 ~ Systems Lmps~ Fees S,-~d~' ~Jbstant~y ccmsis~-nt w~th the c'ritc~ ~ by ~s Section
14 Ipplica)o~ t~e ~ Wirer Ind/or ~ S~ Systems i~Fic't of such ~wrviou~y apl)roved
~o ~__t,~s..~,. ~be Ahetna~ive Wa~et and/or Sewer Sysaems impact Fees o0mplies with the tequimnents of
23 use ora generally accepted methodology, u~ea th~ ~ Warn, md/or Sewn' Systems Impecl
24 sha]l be l~id in I~u of the [mpac~ fee se~ forth in ~ 2.01.
adjourned ~ continued £m. up to O'tirry (30) day~ ~o cause fm. Ra=r ~y ~ ~ of ~ ~
Alm.rariv~ Water md/o~ Sewer S~rtems Impact l:ees o~ Ahemafive Wa~r ancl/m' Sewer Systems
Impact Fees Su.,d¥ ~' either C.o~nt~' ~,aff'or o~uide con~ulmm~. The firml decision of the Bom, d shall be
in writing and s,~ou,~d be issued ',v~.in they (30) ca~ndar days oft~e rrview boring.
J. An~ Apl~icant ov (3~'ner who submits & proposed Aherna~ve Water and/or Sewer
Impact Fe~s Imrsuam to this Secuion a.,-,d desires immediate issuance of'a Building Perrn~ ~
prior to or ~ the time. the applicable '~'ater and/or Se~-ev S)~rns 1~ Fees pursum~ to Section 2.01.
Said payment~ sb.~l be deer~ed ~o be paid under -Pro~e~' arid sI~l] not be const~oed as a ~'ai'.'er of ~n.~
n~ of ro~',w, Any diff,~.,~,~¢ be'~,~u thc amoum paid and th~ amoum due. as d~,crmined by the
B,cm~d. d~ll be r~fimcled to the Al~licam o~ Owr~t witJ'Jn 90 d~.'s of th~ Board's fi~ ~ision ~.
ARTICLE HI
MISCELLANEOUS PROVISIONS
Sectto~ 3.~1. Ezcmptkm~.
A.. T~e followin~ shall be ex,rapt, ed from paymeu~ of Impact Fees:
iddit~r~l cicu~xi on the Re,loud Ws~-t and/o~ R~ Sewer S)~ iso~ will be
~ an __-,~__i~Mnai ~Jcmand oo ddx:r ~ ~ Wata md/or Regiona{ Sewa S),~'ns
~dditic, nal ~ is or ,,,'ill be c:,,,~sed by ~h~t t~ o~ either the IL"glonal ~
issued · Buikii~ Pc,mit fc~ whic~ ~ is proceedi~ in Sc)od fa~
Couaty former resolves to acquire ~ utility, the Board ~ declsres its inten6on
m opt'me said mgity as a ceaqxe~ of,~' Reg~eml Wa~t snd/m ~ Sewa'
Srm:ms.
9ectiea 3.02. Chan~s ef Size and U,~.
Water and/or Se~ $~ lrnlx,~ Devel~ which will ~ in · land use determined by County
~-plnce a building, su'uctu~ ot applicable improvement of W~er ariel/or Sev.~' S.,,'smetns
D~-¢lopmcn~ in,nd, c~'m though t~c subj~ lands rna.,,' rc~dvc imcrirn ~ter and/or s~wcr scr-.'ices from
· source other than the Collier County '~,'a~-r-Sev,~r Disu'ict. the lml:~C~ Fees imposed shall be
cak'u~ed on the entirety, of the hnds subje~ to the B,dldfmg Pa'mi~ W'he~ the alt~.razion, expansion or
r~t occurs on lands for which a Water and/or Se~r S.vsu'ms Impact Fees ha~'c then
been paid. the lmpncl Fees irnpos~l ~hall be ordy upon the acklifional demand created I~.' such alteration.
(c} The inoou~ {ev~{ of the Owun' ol'. if the Owne~ is a buildem'. ,s,,. ino~ne
of the household to ~ich the dwellin~ unit will be sold o~ m~ted:
(d) The numbex of bedrooms in each ds~lling trait of the Watgx md/or Sewer
L I f the ps~pos~l Wa~er and/or Sos~ Sys~ms [mpaci ~lolmseut _~,,~o~_ _ the
n~ fo~ an ^fford~ Housing waiver (o~ defexrai) as set forth in this Section.
pt~.sentgd in lieu of payment of the lmpacl Fees pursuant to Section ~.01.
IL To quaMy f~ an lmpacl Fee~ v.~ive~ or d~ferr~ an own~ o~-upied ds~llh~ unit must meel
all of~e following criteria:
I. T~ o~ncr(s) or anticipated o~'rs ofll~ d~'ellin{ uni~ must ha~e a se~.- Iow. Io~. or
moderate income level, az the time of L~uance of the Impact Fees wai~ e~ deferral as
those serms a~e defined in Se~on 3.041, and the monthly p~'ment ~o ~ the uni~
must be within ~ Afford~l¢ Housing guideline~ established in S~-fion 3.041. A
D~tlling Urth shall qu~li~.' ~ beir~ o~-r occupied ifa lease-pta-chase ~tn'eeme~ is in
eft'ecg at ~¢ date of issu~-.c.- of t~e Regional Water and/or Regional Se~ Impact Fees
26
I
6
?
9
lO
12
14
16
I?
~0
21
24
~7
21
~2
~iver o~ dcfctr-Lt, or within ~ ~30) days thcrcafler. ~ within twemT-fo~
months from the date of issuance ofd~e ¢cr~ fa:a~ of occupeo~, or the cx~cutiofl of the
purchaser tO:es o.*rership of the l~¢lling Ur, it If the purchaser fails to putc~ the
l:l~llir~ Unh w~thifl thc r~ntT-four [24) mootb petio~ then the waived or deferred
l~ Fees mu~ bc immediately repaid unless the D~lling Unix is sold to m~otbcT
q~if'~iflg Owx~er ~tlxin dfir~ (30) diys
2. The O~r,~. or if ther~ is mo~ ~ one (1) Owner. m2c (I) of the O~,~n. must be a
had an owr, er~p imerest in his/b:t primaz7 res~nce in the pas~ three (3) years.
.t. The Dwelling Urn! must be tbe homestead or'ese Own~s).
4. The 13~elling Unit must remain Affordable Housing for fifteen (IS)years
date · ~ of occupancy is issued t'or ee Drilling Unit; otbe~ the Regional
~ ax the rate of six petcem (~%) per aaa~un calculated from the date the
Permit was issu~
C. To qualify for sn Impact Fees Der'eh'aL a Dvelling U~ ofl'e~l fo~ rent must me~ all otr~be
foUow~ cr~an'~
D. Ali Impact Fees det'ened for owner-occupied D~glling Units at the time the Building Perm/t
lade of the Owell;n.e U~I W I ~ I:XWduuer;, la,~ided, ~, it' d:~e lml:m~ Fee~
v~il be macle ~o the Collier County affordable bous~g trust fund. £ot purposes of this Secfon
3.04, a non..qtmlified pun:ha,set is a pea, on v/no does no~ sat"f7 the AJt'og~ble Housiog
set forth in subsection B. ahoy, or a persce who does not agzee to the terms of the
deferral of impac~ fees sg~'eemem.
E. The Impact Fees defentd tot rental Du,'elling U~ts at the ,:ime tbe'Btfilding Permil was
issued sl'~Jl become due and sl~tll be immediately rt'l~d to t~e County upon ttse discontinuance
of use of the Dv,~Uing Urtit as Affordable Heusing. or fiReen (15) years horn the date of
issuance of the certificate ofoccupancy, whi4:bevet occm's fust.
F. An.~' Regicrn~ ~'a~r and'or Regional Se~'er Impac~ Fees waived for an owner-occupied
Dwelling U~it at the time a 8uilding Permh issues shaft become due and pa.vable and shall be
immediatel), repaid ~o the Cotmty il'the D~tlling Unit is sold or ~'anst'erred to a non-qualified
pta'chaser during the fifteen (! 51 ~'¢ar period a.qet the certificate of occui:mn~.' is issued tot the
!
$
10
11
14
16
17
21
23
26
31
35
Dv,~llin$ Ur. iL If ~e lmpac~ Fees waiver ~ ped
~. ff ~ ~ll~g L'mt is ~ ~ ~ble ~
~d~ for fiR~
~'elling U~L
~l~.
G. ~ ~e of
H~ ~!1~ U~r ~ ~ ~ ~ ~ f~
~v~ ~ ~f~ ~l ~ a I~ on ~h ~ ~! ~ ~ ~~ ~
~ ~ ~ ~ ~I ~ ~ ~ ~~a~l~ ~ ~~ of~ ~
~ fi~Y~~ ~of~~of~~~~
1. ~y,~ofa~ ~1~ U~~~
A~~~of~~~ f~ ~~
~ m~ ~ ~ ~ ~(~) ~~~ ~ ~
~le H~
~ (~),
~ m f~ ~ ~ 3.~1.
~ ~ ~ f~ ~ ~ ~f~ ~ ~ ~ ~ 3.~!, ~ ~ ~1
I~ F~ ~ ~ ~f~ ~! ~ ~
~11~ U~
~ ~on 3
c~ifi~ of ~.
eff~ ~ ~sio~ of ~s ~m:
I. ~ legal ~i~s of~ ~lling Unit.
I
2
9
~2
14
16
I?
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24
i
2
3
$
i0
I1
12
13
14
I?
31
3~
q~ified as ve~. Io-, or Iow income level as defined in Section 3.041 exceeds the
AJTorda~ Ho~i~ benefit sxav~dards ~et fo~ in S~ion 3.04 ! by more than fo~.'
percent (40%). then the deferred Impact Fee~ ~gzll become imtm~diately
by the Own~ or. in ~e mJtctn~ve. ~c O~er sl~ll ~e ~ (~) ~s m comply
~ ~k ~ ~ ~ f~ ~ ~ 3.~1.
7. L'~ ~isf~ ~1~ of~ ~ ~
~y ~ ~ ~ ~. ~ ~
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~li~ ~o ~ lm~ F~s ~v~ ~ ~f~ f~ ~le f~ily o~~ ~ll~g
Un~ ~ng v~ low ~:or Iow inc~ ~ls.
.,--0
31
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21
23
26
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26
d) Afl'orda~ Hom~ ~ ~ ~ ~ ~ty m.~ jew incane
famfl~ slwU PaY fifl'Y peseta (50%) oftbe ai~kaMe Impact Fm md shaU im~ tiff7
rerccm (~0%) or'the aq:~k:ab~ Imp,~ Fe~ deferred pumam to
e) Affordable Ix,using owns-occupied Dwelling units which exclush,~
tM~y.~ (25%) Of e~e ~a~ficab~ tmp~ Fm ~ ~
fi~ ~ (75%) ~ ~ I~ F~ ~ ~ ~ ~~.
32
33
!
3
4
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9
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~ penoo exceln the lien of'County taxe~ md superioe f~
~' *~ ~ I~ ofmy ~h C~ ~ ~il ~d m ~
4 ~~ to ~ in ~ic~ to ~' ~i~le ~ ~
~~ ~l~s of~ C~ ~ ~y ~
6 of~ S~ of ~ F~I~ of~ C~' ~ fol~ ~ ~
9 ~ ~ U~ S~.
it ~ ~~~~a~~~~a~~'~a
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h f~ly ~j~ ~ ~pl~ of~ ~ ~
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~ ~o ~ ~ilt ~ ~f~ ~ ~ Co~W by law.
3~
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mci mdi~ fee sl~ll become no~re~
(~') is (~) ~ ~ ~ ~sl of~ ~ ~ ~ ~ ~ C~~
A~ If ~
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~ o~s), ~s (~) ~ m ~ ~ ~ ~~ ~ ~ ~-
~ Ik~ ~ng al~ ~~~ ~ ~ ~~ ~ ~ of
~g ~o~
~~a~~~~Fl~~~
~. A~ o~ ~v~
in Su~on B o~is ~on.
~ Coun~ m i~ duly ~
f~ a m~im~ o~ ~ve (5) ye~ ~ ~ ~on ~ of~ C~~ A~t.
I I. ^ reqWrerr~ ~ the credi~ fo~ impact fee~ klentified in the Coambutkm
~ ~ ~1 ~ ~ ~ ~ ~~tof~ W~ ~Sy'~
4 l~t F~ ~ ~ ~ ~ B~ P~ ~ ~ ~ ~h ~i~*e B~
lo 13. ~ ~~t ~ ~ ~1~ of~ C~~
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f~ (14)~ ~ ~ ~ ~ ~C~~
19. ~ ~li~ ~ file ~ ~ f~ ~j~ ~licf ~ t~ C~t C~ ofCol~ C~
m ~ ~ ~ o[~ Co~ A~ ~d ~
~y a~ ~1 ~ ~ics ~ av~e m ~ ~ for ~~
L ~n ~ ~'~t ~ ~o~t of ~'el~ C~ ~ to ~ ~ ~ of
~ Sy~ ~d ~' ~ A~I~c ~ Con~i~ A~ ~i ~ f~ ~ ~im~t
~ m ~e A~li~ ~ ~ of ~ exc~ of ~h con~b~ ~dit eom ~ ~ ~. ~ County of
Sewer Systems tmpec~ F~s. Such ~ of ~~ ~! ~ ~ ~ ~ ~ ~
~~~ ~~~1 ~~~a~of~~
2.01.
~ m~ 3.~~3.~!.
~i~ ~ ~ ~ ~ (~) ~ ~ S~ ~ I~ ~ ~ ~ of~
I. ~i~ ora N~e of~ F~ S~
~ ~ ~i~ of~ lm~ F~ ~ ~ A~~ f~ Rdm~
Fail~ ~ ~q~ a ~ ~cSin ~ ti~ ~d~ ~1 ~ ~ a ~x~ .gf~h
~oHo~:
~ ~ ~{{ ~ ~nplete I~ ~ption of~ ~y in q~tio~
39
9
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:'7
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37
SECTION 2. REPEAL OF PRIOR ORDINANCES RELATING TO THE REGIONAL WATER
AND/OR SlrWER SYS'I'KMS IMPACT FEES.
t
6
?
$
!0
I!
12
16
19
2O
2'7
Co~l~ Co~.' Ord~,ruflces Nos. S~-97 as anx, ndect. 9046 u amended. 904'/as amended. ~
92-87. di re~i.'~ to the RegioflaJ Wa~-r md/or S~'~ $.v~ns Impact Fees mT bt"A~, repealed in their
SECTION 3. DECI.,ARATION OF EXCLUSION FROM ADMINISTRATIYE i~ROCEDI.'P,F-.S
ACT.
.~.hins con,mined in th~s Ordinance styli be consm~ or L~teq~-ted to includ~ the Count?' in
Count, to the spplication ot*t~ ^dmini.gru~ ~ AcC C'bapm' 120, F3odda Smxnes. T~s
decbrmon of in~-nt sod ~.clus~on shall apply to afl ~,~.~ takm as a rcsutt ofor pursmm to d~s
Imp~ Fecs calcula~ unc~ ~ 2.04, a ~ of cnti~m~ to m bnpact Fe~s
~ECTION 4. CO,%'FUCT A,~D SL'V'ERABII.ETY.
If my chine, secdo~ or prm-lsion of this Ordinance slsdl be d~.Ja~d ~ or inva/id
for any n~ason or ,:.~t~.. the remaining ~ of ~ ~ ~ be in full force and effec~ and be
vaUd as tf such invaUd portion f~ereof bM nc~ begn ~ bec'in. In fl)e e~m it is hem or
to imix~ d~ Wasgr and/or Sew~ S~ ~ For~ widen axty Cotlier ~ Wat~ md
Was~ws~ Aud~ority certiScs~d ,,.a.~ oftt~ ~ or such imposid<m ofthe ~ Fees
Wat~ md/or Sew~ $ys~ms lm~ Foes in any od~r areas of tb~ DL~ or for od~' team~ or
purposes, and i~ is the iment of t~ Comty, ~- such eveut, d~at such imposition of ~ F~ ~
CoiUcr County or ~ applicable htw, the ~ ~ shaU apply.
SECTION 5. DICLUSION ~i TIrE CODE OF LAWS A.ND ORDI'NAN'CES.
The Ixovidom offs Ordinance d~l become ~'d be made a p~ of the Code of La~ md
Otd~ of CoUiet County. Florida. The ~-fions ofthh Ord~mnce nmy b~ ~-nmnbeml or t~-uer~d
to accomplish such. and the ..void =oed~mce' may be cha~ged to "section', "aflicle'. or any other
~ word.
SECTION 6. EFFECTIVE DATE.
T~s Ordinance shall become effec',Jve upon filing wit~ the Depa~ne~ of Str~.
41
ATTEST:
Dg/1GHT E. BROCK.. CLERK
BY:
Appmv~ ~ m form and
PASSED A.~fD Db'LY ADOP'IT.D BY ~ BOARD OF COL,~TY COMMISSIO.~'ERS OF
COLLIER COL,~'TY. FLORIDA. tim, .4~' of . 199I,
I~.~ OF COL,.'~I"Y CO.~,LMZSSIO~'~rI~RS
COLLIER COL.'~TY,
BY:
BARBARA B, BERRY, CHAliL~4AN
42
EXECUTIVE SUMMARY
PETITION A-98-~, ANT~.ONY P. PIRES, ~ OF WOODWARD, PIRES &
LOMBARDO, P.A., AND N. PAUL SAN FILIPPO, OF SEIDENSTICKER & SAN
FILIPPO, REPRESENTING WALDEN OAKS OF NAPLES HOMEOWI~'ERS
ASSOCIATION, HUNTINGTON HOMEOWNERS ASSOCIATION,
BARRINGTON HOMEO~~ ASSOCIATION AND ALAN SMALL,
REQUESTING AN APPEAL OF A DETERMINATION OF INSUBSTANTIAL
CHANGE TO ~ PRINCESS PARK PUD MASTER PLAN, A/K/A "KING
RICHARD'S", ADOFrED BY ORDINANCE 84-34, AS AMENDED, RENDERED
BY THE ~G SERVICF..~ DIRECTOR PURSUANT TO THE
PROVISIONS SET FORTH IN SECTION 2.7.3.5.2. OF THE COLLIER COUNTY
LAND DEVELOPMENT CODE.
OBJECTIVE: The objective of this appeal is to d~ine whether staff's
det~on th~ the ~sed chang~ to thc Princ~ Park PUD Master Pl~n are
insubstantial in rmm'e pursuant to the criteria set forth in Section 2.7.3.5.1. of the Collier
County l.~nd Development Code.
CONSIDERATIONS: On May 1, 1998, staff received an application for Insubstantial
Change Determination to the PUD Master Plan for Princess Park PUD A/K/A King
Richard's. This insubstantial change process was requested after initial discussions
between the property owner and staffwith respect to a number of proposed uses intended
to be added to the existing facility. The PUD, in section 5.2, provides a list of permitted
r~reafion~ uses including: buildings for an office, maintenance facilities, storage, ticket
booths, snack bar, recreation room, and similar uses; miniature golf course; mini-car
track; bumper boa pond; batting cages; aero-ball court; kiddie-car track; remote control
boats and pond; swinm~g pool; outdoor roller skaIing track; boat rental facilities; game
mom; and, any other similar and comparable recreational use approved by the zoning
director.
The property owner proposed the addition of a lazy river type swimming pool, with a
water-slide. Staff rendered an opinion that such a use was similar and comparable to
other permitted recreation! uses. A swimming pool is currently a permitted use in the
PUD. The slide is nothing mor~ than an accessory amenity to the pool. As an example,
the aquatic facility at the County's Golden Gate Park also has a water-slide. Several
additional relatively small-scale "kiddie" rides were also proposed. Ultimately, the
Plmming Commission, as part of its motion to approve PDI-98-2, limited the property
owner to only on~ ~ kiddie ride at any given time (with the choice of which kiddie-
ride being u to the ~plicant). Color exhibits depicting each of the proposed rides are
attached hereto and will provide some sense of sca~e. These clearly are not amusement
park type thrill rides; these are very specifically "kiddie" fides.
While staff determ~ that the proposed lazy fiver and water-slide, and the kiddies rides
were shnilar and compile rccreafional uses, based on the level of detail conl ~ned, .~~
the existing PUD Master Plan, staff determined that an amendment to the Mastc: Plan to-
AUG 0 4 I 93
depict the location of these additional facilities was wgranted. It was then neces~ for
staff to determine whether or not the proposed changes to the PUD Master Plan were
substantial or insubstantial in nature. The appeal before you today does not challenge the
staff's determi~,~on that these uses are similar and comparable recreational uses, nor is it
directed at the requirement that the property owner amend the existing Master Plan to
illustra~ these additional uses. Rather, this alypeal is directed at the Planning Director's
determination that th~ revisions to the PUD Master Plan necessitated by the addition of
these uses is an ixmfl~i~atial change pursuant to the provisions set forth in LDC Section
2.7.3.$.2. The Board is thus faced with the task of determining, through this appeal
process, whether the Plmaning Services staff (in particular the Plmaning Director) based
its insubstanfi~ change determination on competent substantial evidence. Ii' the Board
reaches this finding, then the appeal should bc denied. If the Board, after reviewing the
applicable evidence and testimony, finds thai staff did not base its determination on
competent substantial evidence, then the appeal should be granted, the decision of the
Plamaing C. xmmaission to approve PDI-98-2 should be overturned, and the property owner
should be directed to remibmit for a full blown PUD amendment.
In reviewing the issues raised by the appellants, staff is of the opinion that many 0f these
issues are not germane to this appeal process. In the following paragraphs, each of the
issues raised by thc appellants and the staff response thereto is summarized. Particular
focus has been paid to those issues directly ~lated to the criteria set for.h in Section
2.7.3.5.2 for insubstanti-l change determination.
Items raised in tie letter of appeal: The following items are raised in the appellant's
letter of appeal. Items which are repetitive in nature or which do not warrant a specific
rebuttal are grouped together.
Items # 1. # 2. and #3. - These items are not a basis for appeal but simply provide limited
historical ~ve on the zoning and land use. Item # 3 lists the ehangee,/additions
being requested from those that currently exist on the site.
/tern # 4 and # 5 - The appellant acknowledges the property owner's request to amend
the Master Plan to remove the reference to the swimming pool and the amphitheater and
to add the loeational reference for the lazy fiver md the slide. The applicant states that a
swimmin. L; pool, although a pein'fitted use does not exist on the site and further quotes a
letter from the previous Plarming Director, Mr. Wayne Arnold, AICP, dated December
18, 1997, bi which, Mr. Arnold stales that "swimmb~g pools, wave pools and waterslides
are not necesaarily functionally, structurally or mechanically similar in natm'e." What the
appellant's ~;ail to reve,al here is that in the pre,,4ou.~ paragraph of that letter, Mr. Arnold
states that "wave poc. l': and "waterslides" are similar in nature to the permitted use of a
swirrrmi~g pool and therefore, "they are permitted uses within the Princess Park PUD."
Had Mr. Amc, Id stopl~xi here, all that the property o~vner would have been required to do
would be to submit an administratively approved Site Development Plan. No heating
would have been necessary. Mr. Arnold went on to say that it was due to the fact that
such uses differ primly in that swlmmirlg pOOlS are more static in llat~re, wh~-l'eas
wsterslide and w~ve pools require mechanical or structural means of alterin~
a~l/or users of th~ stm6'mre. Therefore, Mr. Arnold concludes that
mechanism to provide for this use is a Master Plan amendment. The letter
PDI (i~subst~l change to the PUD Master Plan) might be the al~ropria:e process
~ly depending upon staff's eval,stlon) for such a change. As the current
Plmming Servic.~ ~, I reviewed the staff report prepared by Ms. Susan Murray,
including ~11 baeic~ information (such ~ Wayne Arnold's letter) and concur with staff's
finding Ired r~a~a~l~ion. Staff's position is further substantiated by ~.he CCPC
at~owl ofthe PDI on June 18, 199i.
Items # 6: # 7. # 8. # I0. and # 15 - The appellant stat~s that various us~s, both existing
lind proposed, ~'~ not listed ~s permitted uses within the PUD. As previously stated,
Section 5.2 of the PUD document lists as a permitted use any other similar and
comparable re~eatt~ use approved by the zoning director. At the time of al~lication,
the property owner, in addition to the lazy fiver, requested that two additional mechanical
kiddie rides be permi~ Staff's review of ~es¢ fides (including the attached photos
and illustrations) indicated that these proposed rides were for younger children and were
relatively small in seaile. Additionally, the ~:~plicant indicated that they w~re willing to
inmll additional noise redu~on buffers ~cl lsndsc~ing, and the rides contain rubber or
non-metallic whe~ls tl~ would mlnimi?e any nois~ generated by the ride.
As previously ststed, sT, itff determined thai the proposed additional uses (the lazy river,
the wiaerslid~ and tl~ two iciddi¢ rides) while permitted, would require a PUD Master
Plan r~risio~ Included in the staff analysis was a review of the proposed additional uses
aocl other modific~ons to the Master Plan in comparison to the original Master Plan
approved in 1984 ~md the Site Development Plan (SDP-88-97) approved in 1988 and
subeequ~ ~e~tment at,proved in 1993. Additionally, staff required the al~licant to
submit a Master Plan tha~ ~:m'ately depicted the existing conditions on the site. Based
on this lm~l~, statff determined that the proposed Master Pisn changes were consistent
with the criteria s~t forth in the LDC for Inzubslantial PUD Master Plan Cha~ge. At issme
here, is ~ether or not staff reached this conclusion by virtu of competent substantial
evidence, not whether or not the proposed additional uses ar~ l~-rmitted.
Items # 9 and #16 - The ~ppe~ contends ttuU reconfi~g the existing goo, art track
frtm~ a single l,~rge trick to two smaller tracks, one for junior go-carts repres~ts an
intensity of use ~ further, tl~ the PUD document limits the number, of such track to
two. The PUD doaument, in Section 5.2 Permitted Uses, lists both a mini-cart track and a
kiddie..e, ar tr~lc as rermitted uses, The PUD does not expressly limit the numb~ to a
m~ximum of two su~ uses. The revision will not inc~ase the size or area set aside for
the go-cart traits, but will allow for a reconfiguration to allow for a junior go-cart tragic
by reducing the ~ of the existing go-c~ track. TbSs will allow younger children to ride
s'm~er ~d less powerfi~ motorized carts. This will not ~ noise or traffic beyond
that which is eurr,~tly generated by the existing go-cart track- While it is &
ret~gu~ion, it is not, in the opinion of staff, inrmsification.
ltea~ # 11. # 12. and # 18 - The ~i~pellant ~ that these proposed addition~ uses will
r~xlt in ~ lraflic g~neration to the site. Additionally, the appellant indi~es that
a Tr~]c ~ Sl~I~nt (I'IS) was not r~quired. In fact, a TIS is not required. An
evaluation of the traffic snd transportation impacts attendant to lhis PDI was
The appeRant suhnitted a professional opL~ion prepared by William L. Hoover, MC'P,
which indicated that the staff failed to propecly evaluate the traffic impacts as required by
Section 7.3.5.2.(6). Mr. Hoover further indicates that in his professional opinion, the
propoaed additional usea ~t an in~rease in traffic and intensity. In response,
attached hereto ia a rc~pon~ from Susan Murray, Principal Plamaer, as well as from Ray
Bellowa, ~ Planner and Edward Kant, P.E., Transportation Director. Both Mr.
Kant ami Mr. Bellowa, aa a primary function of their respective posifion~, are responsible
for reviewing such petitions and specifically for anal~g such petitions from a lxaffic
and transportation impact perspe..'~tive. A w~'itten finding from each of these expert
witaeaa~ is attached hert~ for your consideration. Each of these experts played an active
role in reviewing tbe PDI and all concurred that the additional uses and the proposed
revisions to the Maat~ Plan would not constitute a ino-ease in the number and/or
intensity of traffic beyond that which might reasonably be anticipated by the list of
lacrmi~ uae~ act forth in the PUD document More specifically, Mr. Kant and Mr.
Bellowa both co~gz~ that the revisions to the Master Plan proposed, including the
proposed additional uses will not result in a higher level of vehicular traffic baaed upon
the Trip Gen~on Manual published by the Institute of Transportation En~neers. This
me waa diacuased at some length at the CCPC aa well. Since thia issue was not
germane to the PD! consideration, staff did not specifically address Rcm 2.7.3.5.2.(6) as
there waa no new permitted uses being introduc.~ to the PUD, no additional land being
added, and therefore there can be no additional traffic generation ar. xording to the ITE
Trip Generation Manual. Nevertheless, the issue of traffic generation was addressed aa
part of the staff review, specifically in item "e' in the staff r~
~ The prop(m~ owner indicated to staff th,~ the pwposed additions, aa
a business strate/y of moving l~om the sales of individual tickets sold for individ
Itera~ # I0. #II. #13 and # 14 - The appellant indicates that the changes to the Master
Plan will result in a higher level of intensity and will bring about an incompatible
r~lationmip with adjoining properties. Were the property ownen requesting to develop
any other permitted usc on the site in addition to those that currently ex~st, compatibility
would ge~-Tally no! be an isaue. Most Master Plans do not have the specificity that was
provided on the Princess Park PUD Master Plan. One cannot argue intensification based
on fig placement of additional recreational uses permitted in the PUD. These uses were
anticipated by the original PUD approval. In fact, the PUD reco~zes future expansion
both in tl~ PUD document. It is due to this specificity that staff required a Master Plan
amctu4ment ratb~ than an atlministrafive Site Development Plan. This actually works in
favor of the adj~ property owners in that it requires a public hearing allowing
~g, xutmding property owners to exprcss their concerns. In fact, such a proccss allows
staff and thc Planning Co~mission to place re~h iciaons and stipulations on the appwvaL
Staffreque~t~l that specific locations for the additional use lac depicted on the proposed
Maater Plan and tha', such uses be located and additional buffers be installed so as to
minimize ~ and lighting impacts on adjacent properties. The CCPC added timber
stipulations that limited the property owner to one a,:lditional kiddie fide at any given time
a=d enhaneod latxlseaping along the property lin~ adjacent to residential properties.
These impact mitigating meastn~ would not have been achieved if it were not for the
fact that the lvlmma- Plan was so specific that, in the opinion of staff, revisions and
updating of th= Mag~ PLan was necessary through the PDI public hearing proecss.
lal fides
AUG 0 1998
and amu~nents, to the concept of selling a daily pass which would allow the holder to
participate in ~ny or all of the fides for the specified period. The proposed additions are
/ntended to provide a more appealing market to customers of a variety of predominantly
youthful ag~/md to provide greater incentive for patrons to purchase a park-w/de daffy
pa~ rather than hxi/vidual ride tickets. The additional kiddie fide, reconfigurafion of the
lake, addition of viraal and sound buffers in the form of landscaping and berms,
installation of the lazy river and water slide, and reconfiguration of the go-cart track is
~ w/th the approved Pr/nce~ Park PUD. The~e changes to the Master Plan w/Il
not result in an hxa'eased intensity beyond tha~ which currently exists or can be expected
in consideration of the list of permitted uses. Additionally, the Master Plan w/il
acon'ately reflect the uses and locations of use~ currently/ri existence on the ~ite.
The change~ proposed are clearly consistent with the LDC provisions for a finding of
~al change. The staff determination was based on competent substantial
evidence ~xl profe~ional evaluation. The a~pellant's appeal of the Planning Services
Director's flnd~g that the proposed Master Plan changes are insubstantial in natu~ is
without merit. As previously stated approval of PDI-98-2 by the Collier County Planning
Commi~ion further suppom the staff's position. Legal representatives of the adjacent
property owner% as well as the property owners themselves, were in attendance at the
CCPC meeting ~1 were thus pro,,ided a public forum in which to expr~s their concerns
and to present evidence in support or in oFposition to the petition.
In a related m-~,r, the legal repre~mtatives of the appellant's have indicated that they
also reserve the fight to appeal the CCPC det~xrfination as set forth in Section 5.2.11.
Section 5.2.11. states that the petitioner or applicant may appeal a final decision of the
CC'PC. This section does not provide a fight of appeal for adversely affected property
owners./n any case, the issues g~imane to such an appeal are no different than those
currently before you and thus such an action would be redu~dant.
FISCAL IMPACT: Not applicable.
RECOMbiENDATION: That the Board of County Commissioners deny this ~
and uphold the determh~ion of the Planning Service Director that the revisions to the
Princess Pzrk PUD Master Plan are, in fact, insubstantial/n natu~, as approved by the
Collier County Planning Commission on June 18, 1998.
PREPARED BY: Z~. ~'~
Robtc~ J. Mulhere, AICP
0 4 J98
Community Development and Environmental Services Division
L
TO:
FROM:
DATE:
Building Review and Permitting
Housing and Urban Improvement
Planning ~
Memorandum
Code Enforcement
Natural Resources
Pollution Control
Bob Mulher~, ?dC'P, Planning Scrvices Dcpartment Director
Susan Mun'ay, Principal Plazmer ~
J~dy 7, 1998
SUBJECT: PDI-98-2 King Ric]E~xd's PUD
Prior to it~ accept~r~ aad u part of the rcview proce~ for ~e ~ve ~f~ ~fi~ I ~
~ m~ ~ ~ P~g S~c~ ~~t ~ at ~e ~e, ~. Wa~e ~oi~
~~ ~e ~~ ~ ~e ~6on~'s ~~ive. I ~~ n~~ si~ ~si~ ~d
~'s ~~ ~v~ Si~ ~cl~t P~ fil~, ~c P~ d~~ ~d ~ d~el~
b~ of~ P~ F~ ~ ~o~ ~ ~y~s, ~ ~ ~b~ of~e ~
~~ it ~ ~ ~~ ~ ~ ~~t's p~ w ~d ~o ~fi~ ~e fid~ a
~~ ~ ~~n of ~ ~g g~ ~ is ~ly ~~t ~ ~e
~~ ~e ~ ~ d~ ~ ~e ~d D~el~mmt ~e. ~ p~ of ~e PDI
~h~o~ ~~~ ~e ~li~t ~e ~e ~s~g ~ P~ Wim ~t
~el~ ~o ~ ~~8 ~ ae oEy ~o~s~ si~~ c~ ~ ~e rite
w~ ~ ~fi~ of~ ~ic~fion~ ~e fid~. It w~ my im~t W f~o ~y ~ of
~ ~ ~~ ~ ~e ~~y ~v~ P~ ~ P~ I ~ ~~ ~
~ p~ ~ ~ ~ ~ ~~I ~fom ~y ~b~ ~~ing ~d~
~e~ ~ ~ p~ ~ ~ ~ ~, of~e M~ PI~ w ~e ~t ~el~
~o &d ~ ~ ~ s c~e W ~e ~ w~ch mi~t ~ a ~~ c~ge
prcscmcd to me as pert of the requixemcnts for subrni~ ofaa iasub~atial change
dctamin~on applicefiou m~d my rcscm'ch.
AUG 0 4 1998
MEMORANDUM
TO~ Robert J. Mulhere, Plannin9 Services Director
FROM~ Ray Bellows,~Principal Planner
DAT~ July 6, 1998
PDI-98-2, Princes Park/King Richards
According to your request, I have prepared the following response to the
allegation that the changes made as part of the above referenced petition
represent a significant increase in tSe site generated vehicular trips
over the amount that was previously approved. The application indicates
that a portion of the existing miniature golf course was eliminated to
acco~l~odate other per,bitted uses within the PUD. The trip estin%ates for
these permitted land uses were derived from the Institute of
Traz~sportation Engineers Trip Generation Manual (5~ Edition). Various
la~d use categories were studied to determine if the method of
calculation of these land uses could result in an increase in the site
gel%crated trips. The categories studied are as follows:
~uement Park (Land Use 480) - An amusement park contains rides,
entertainment, refreshment stands, and picnic areas. Such rides may
include roller coasters, go-carts, river rides and swing rides. The trip
geDeration rate for this land use is based on the n~.~er of acres or on
the number of employees. Since this amendment doesn't increase the number
of acres or the number of employees, there are no additional site
g~]erated trips attributable to this petition.
Ffdeo Arc&de (L~md Use 895) - A video arcade is a building in which video
gamm u~its are played for a fee. Arcade~ generally contain 20 to 100
individual game units. It should be noted that the video arcade is an
approved use within the Princess Park PUD. The trip generatio~ rate for
this land use is calculated using the number of video games or on the
sq%Lmre footage of the floor area. Since this amendment doesn't increase
the number of games or the square footage of the arcade area, there are
no additional ~ite generated trips attributable to this petition.
Water Slide Park (La~d Use 414) - A water slide park contains water
slides, wading pools, refreshment stands, and picnic areas. Based on my
conversation with Susan Murray, the water slide/pool is an approved use
within the Princess Park PUD. The trip generation rate for this land use
is based on the number of parking spaces. Since this amendment doesn't
i~crease =he n~.ber of parking spaces, there are no additi(~_
generated trips attributable to this petition.
AUG 0 1998
In addition, the ~ of the Institute of Transportation Engineers
Trip Genera=ion Manual has added a new land use category (Multipurpose
Recreational Facility) that more closely conforms to the uses allowed
w~thin the subject PUD. The trip generation methodology for this new
category is as follows:
Multipurpose R~reational Facility (Land Use 435) - Multipurpose
recreational facilities contain two or more 'of the following land uses
combined at one site: miniature golf, batting cages, video arcade, bumper
boats, go-carts, and golf driving ranges. Other ancillary facilities and
refreshment areas may also be provided. The trip generation rate for this
land use is calculated based on the number of acres of the site. (It
should be not~ t.b~t this category does not provide trip rates based on
Re ~-her of uses or for each t_vpe of recreational activity withi~ the
facility.) Since this amendment doesn't increase the number of acres of
the subject PUD, there are no additional site generated trips
attributable to this petition.
Based on the trip rates from the ITE Trip Generation Manual, staff is of
the opinion that the subject petition will not substantially increase
traffic generation or significantly change the traffic circulation
compared to the previously approved PUD. Furthermore, a Traffic Impact
Statement was not required since the petitioner was not proposing to
incTease the acreage of the existing facility or add uses that were not
~rreviously approved within the PUD.
If you have any questions concerning this matter, please do not hesitate
to ask.
cc ~ Ed Kant
Ron Nino
Susan Murray
AUG 0 A 1998
Coliler County
Transportation Services Department
.~.~. :~.' Memorandum
;r~:~" JUL 6 1998
.~; ~" From: ~ J. ~ r
~"~:": Trm~i~n~ion Servic~ ]:>kector ~LANNtNG SE-I~/IC-..~S
~ ~ add/tim of two uses (wave pool and water d/de) by themselves could c~gender
add/fional traffic; however,/n the context of thc existing PUD mad the other permitted uses, it/s
our opin~m ~ ~ ~idition ~ these two uses will not promo~ a significant added traffic ~
We hzw. revievn~ ~ ITE Trip Generation publicatio~ and Ray Bellows memo. Oar findings arc
comistmt with his stol w~ offer no exception or ~ktitioml co,,--~nt st this time.
In our original ~ew of July 18, 1~97, we h~d r~ a limited TIS to see what the effect of
the two ~ld~d u~ woold be; ~, ~ aaalyfis of ti-z: foregoing documents, we now
bela, ye fl~t o~r recgs~ Endings m,c su~ 'l'Se ~cct site is 11.3 aczcs. Tl~-rc arc 141
prating m f~ me by cusiom~rs of all avm'~ble ~ If anything, ther~ could actually
for Iooger oo.s/te ~ fo~ cusmmalmd ~. We would alw point out that a site offffiz size
very atoll far ~ type of~m ~ park. Typic~Tly, one would expect to ~ee a much
lim/t~ me of m.~h ammll ~ite. The lknitation in use would be off~-t ~/ncmased parking.
In mmlmary, we believ~ the/ni6al determ/nat/on tlmt hhcre would be no significant ~ to the
~lj~mt ~ netwe~ fi-om this PDI and that there would be no significant impact to traffic
flo~ ~o m~t flora ~ ~e is *~Ud.
Iflherc arc a~y questio:~ or ffyou seek add/flop, al/nforrrafion, please contact me at 774-8494.
lt~y ~ ~g Scr~
Rcm N~no, AICP, ~g Scrviccs
Susan Mm'ay, Planning Scr~
~ PD198-2, long 1Uckm*d's ~ Pazk
AUG 0 4 1998
Po. '~
ATTOlaNEYg-AT-LAW
JO~N A.
June 16, 1998
VIA HAND DELIVERY
Mr. Robert Mulhere, Director
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Mr. Vincent Cautero, Administrator
Community Development and
Environmental Services
2800 North Horseshoe Drive
Naples, Florida 34104
Board of Collier County Commissioners
Attention: Barbara Berry, Chairman
3301 Tamiami Trail East
Building F
Naples, Florida 34112
RECE /ED
A 98- 2 ,
~11ierCounty Board of Count7 conmissioners, iIppeal of
Written Determination ren~ere~ ~une 4, 1998 determining
that ohanges outlined in PDI $98-2, proposed changes to
P~inoess Park PUD Naster Plan, are ins~bstantial cha~ges
Dear Commissioner Berry, Mr. Mulhere and Mr. Cautero:
On June ~, 1998 a Memorandum (dated June 1, 1998 on the first
page) regarding Petition No. PDI-98-2, King Richard's PUD Master
Plan, was issued/rendered by the Director, Planning Services
Department (joined in by the Manager, Current Planning Section; and
a Principal Planner), hereinafter referred to as "Administrator" or
"Director".
Said Memorandum is a written determination that the proposed
Amendments or changes to the King Richard's PUD Master Plan are
"ins~bstantial". [Note the PDI refers to the "King Richard's PUD"
although the name of the PUD is apparently still "Princess Park",
and has not been officially changed.]
PLEASE RESPOND TO: NAPLES
PEIJCAN BAY ~01 LAUREL OA~ DR., $[.rr~ 710, NAPLES, FLOR/DA 34108 (941) ~-3131 FA~
606 BALD EAGLE DR., SUITE ~0, P.O. BOX 1, MARCO ISLAND, FLORIDA 34146 (941) 394-S161 !~
1998
X 041)
June 16, 1998
Page 2
The Appellants herein are adversely affected, aggrieved
parties and/or property owners, and/or received written notice from
Collier County of the pendency of a hearing before the Collier
County Planning Commission ("CCPC") scheduled for June 18, 1998 to
consider PDI ~98-2. (see A-50)
The Appellants herein either qualify as adversely affected
property owners; aggrieved parties, and/or parties who have a right
to appeal said written determination to the Board of County
Commissioners by virtue of DiviSion 1.6 and Sections 2.7.3.5.2.2
and 5.3.2.2 of the Collier County Land Development Code ("LDC");
and Sections 250-55 tP~ough 250-60, inclusive, of the Codes of Laws
and Ordinances of Collier County, Florida (Ch. 67-1246, Laws of
Florida, Sections 13 through 18, inclusive).
[References to the attached Appendix will bedestgnatedbythe
letter "A" followed by the page number (i.e. A- ).]
Appellant Walden Oaks of Naples Homeowners Association, Inc.
(hereinafter "Walden Oaks") is a Florida not-for-profit corporation
formed and existing for the purpose of being a master association
for approximately 330 residential dwelling units within the overall
community known as Walden Oaks. Appellant Huntington Homeowners
Association, Inc. (hereinafter "Huntington") is a Florida not-for-
profit corporation formed and existing for the purpose of
administering and operating community property and enforcing
recorded deed restrictions for that neighborhood known as
~untington. Appellant Barrington Condominium Association, Inc.
(hereinafte~ #Barrington") is a Florida not-for-profit corporation
formed and existing for the purpose of administering and operating
that certain condominium project known as Barring+-on, a
~ondominit~. Barrington represents ~11 of the unit owners of all
of the condominium units that comprise that certain condominium
project known as Barrington.
Alan Small is a property owner residing at 6606, Unit D,
Tannin Lane, Naples, Florida 34109 (in Huntington, hereinafter
referred to as "Small").
Appellants ~alden Oaks, Huntington, Barrington, and Small are
members of the class of parties who are entitled to receive written
notice and who were indicated as being mailed a copy of a notice of
hearing for Petition No. PDI-98-2 (see A-50 through A-80).
This letter (and its Attacb-ments and the Appendix), and
acco~panyinq Notice of Appeal are notice of and is and constitutes
of said
the appeal to t~e Board of County Commissioners ("BCC")
AUG 0 1998
June 16, 1998
Page 3
written determination.
a~eal said written
Co~issioners.
The Appellants herein have a right to
determination to the Board of County
The bases for this appeal, although not exhaustive, are listed
· below. The Appellants specifically reserve the right to supplement
these materials and to amend this l~tter and Notice of Appeal as:
1)
Severe time constraints have been imposed on Appellants
by the scheduling of this Petition PDI $98-2 before the
CCPC on Ju/le 18, 1998.
2)
T~e written determination was rendered June 4, 1998.
Pursuant to the aforementioned appellate procedures, the
Appellants have 30 days, i.e. July 4, 1998, to file the
Notice of Appeal.
3)
However, as the petition is scheduled for the June 18,
1998 CCPC meeting, out of an abundance of caution,
Appellants in good faith, believe they should file the
Notice of Appeal and appeal prior to the scheduled CCPC
hearing date.
4)
There are ~hus severe time constraints imposed on the
Appellants. These time constraints are not caused by the
Appellants or the actions or inaction of the Appellants.
As a result, Appellants specifically reserve the right to
~upplement this Appeal and/or amend/modify same prior to the
expiration of the 30 day time frame.
The bases for this appeal, although not exhaustive are as
follows:
l)
A. On April 24, 1984, the BCC approved Petition R-83-
29C, a~opting Ordinance No. 84-34, the Princess Park PUD
[A-81].
B. On June 12, 1990, the BCC amended Ordinance No. 84-
34 [A-99]. Although the mUD's name has not been changed
and although it is at times referred to as King Richard's
Park, Ordinance No. 84-34, as amended, will hereinafter
be referred to as "Princess Park PUD".
The permitted principal uses in Princess Park are
outlined within Section 5.2 of the Princess Park PUD [A-
100].
AUG 0 1998
,.Tune 16, 1998
Page 4
2)
On or about March'19, 1998, BIC's Investment Corporation
filed its "Application For Insubstantial Change
Determination to PUD Master Plan and Public Hearing
Before Collier County Planning Commission [A-9],
hereinafter "Application". It's agent for the
Application is Butler Engineering. This Application was
apparently filed pursuant to Section 2.7.3.5.2 of the LDC
[A-24].
3) The A~pltcation indicates that the applicant would:
&) eliminate a portion of the existing miniature golf
course in its western most portion, to acc~odate two
new (2) uses, a "lazy river ride" and a w~ter slide; and
b) create a new "Junior go-kart track" from an existing
go-kart track, resulting in three (3) go-kart tracks; and
c) add a new ride and use, a "Kiddie roller coaster"
ride; and
d) add an undefined "pirate swing" ride; and
e) install what are described as various "noise
buffers"; and
f) colored concept drawings/illustrations of the
"pirate swing" ride and "kiddie roller coaster" ride are
attached IA-10 through A-12].
4)
The Memorandum conflicts with the Application as the
A~plication states that one change is to "show removal of
sw~ing pool and amphitheater", while the Memorandum
articulates that the Applicant wishes to "expand the
swimming pool use to include a lazy river and water
slide.' Although listed as a principal permitted use, no
swimming pool exists at Princess Park.
$)
A water slide is not functionally, structurally or
mechan~.cally similar in nature to a swimming pool. (see
A-l)
6)
A "pirate swing" is not on the list of permitted
principal uses in the Princess Park PUD.
AUG 0 1998
June 16, 1998
Page 5
7)
A roller coaster, whether of a "kiddie roller coaster"
type or otherwise, is not on the list of permitted
principal uses in the Princess Park PUD.
8)
A merry-go-round is not listed as a principal permitted
use in the Princess Park PUD.
9)
Only two (2) "car tracks" are allowed in Princess Park
PUD, i.e. a "mini-car track" and a "kiddie track". IA-
100]
10)
The additional uses and change of uses outlined and
proposed in PDI #98-2 will result in an increase in the
intensity of land use within the development, thereby
constituting a substantial change (see Section
2.7.3.5.1.2, LDC). The new additional
rides/activities/structures result in a 100% increase in
the n~nmber of rides/activities.
11)
The additional uses and change of uses outlined in PDI
$98-2 will result in substantial increase in the impacts
of the development which includes, but is not limited to,
increases in traffic generation (see Section 2.7.3.5.1.5,
LD¢).
12)
The additional uses and change of uses outlined in PDI
$98-2 will result in land use activities that generate a
higher level of vehicular traffic (see Section
2.7.3.5.1.6, LDC).
13)
The additional uses and change of uses outlined in PDI
$98-2 will bring about a relationship to abutting land
use that is/are incompatible with an adjacent land use
(see Section 2.7.3.5.1.8, LDC). There are land uses
adjacent to the north that are residential in nature.
All of the uses adjacent to the subject property's
eastern property line are residential in nature.
14)
The additional uses and change of uses outlined in PDI
$98-2 will increase the intensity of the permitted land
uses (see Section 2.7.3.5.1.7, LDC).
15) The proposed "kiddie roller coaster" and "pirate swing"
are two (2) distinct, separate, additional uses of a
mechanical, not static nature. Each of these utilize
mechanical devices and each can be 30 feet high. These
two active uses will utilize part of an area currently
utilized for quiet miniature golf activities.
rsee
AUG 0 1998
Pg. /~' _
J%~a 16, 1998
Page 6
16)
through A-12, renderings/concepts of "swing ride" and
"kiddie roller coaster", and A-11B and 11C]
The proposed revised:Site Plan will result in the
creation of an additional race track, thereby resulting
in three (3) race tracks, with each one creating its own
demands, thereby increasing the amount of motorized race
car activity.
17)
The determination is not supported by substantial
cow, tent evidence.
For all of the foregoing, the changes to the Princess Park PUD
as o~tlined in PDI ~98-2 should be determined to be substantial.
Also enclosed is check number 2300 from Seidensticker & San
Filippo, Attorneys at Law Operating Account representing the appeal
filing fee of $200.00, an amount confirmed by Ray Bellows of your
office, made paFable to the Board of County Commissioners of
Collier County, Florida.
If you have any further questions, please do not hesitate to
contact me.
Walden Oaks of Naples
Homeowners Association, Inc.
¢/o N. Paul San Filippo
Huntington Homeowners Association, Inc.
c/o N. Paul San Filippo
Barrington Condominium Association, Inc.
c/o N. Paul San Filippo
Burr L. Saunders
AUG 0 4 1998
ATTORNEYS-AT-LAW
July 2, 1998
Mr. Rober~ Mulhere, Director
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Mr. Vincent Cautero, Administrator
Community Development and
Environmental Services
2800 North Horseshoe Drive
Naples, Florida 34104
VIA ~AND DELIVERY
CKAIG it. WOODWARD*
MABX J. WOODWARD
J. CHILSTOFflKR LOMIARDO
STEVI2q V. BLO;~qT
JOHN ~ GARNER
BUfF ~ SA~Dm
Board of ZoningAppeals; collier count~ Board of County
Con~tssioners; Appeal of written Determination rendered
J1.1~e 4, 1998 determining that changes outlined in PDI
~98-2; proposed changes to Princess Par~ PUD Master Plan,
are insubstantial changes
'Dear Mr. Mulhere and Mr. Cautero:
As referenced in the Amended Appeal and Amended Notice of
Appeal, enclosed please find the following additional supplemental
materials to be utilized as part of the Appendix to the Board of
Zoning Appeals and Board of County Commissioners. The numbering of
same begins where the initial Appendix left off, i.e. the
Supplemental Appendixbegins with page 102. As with the ~aterials
in the initial Appendix, all references to the Appendix will be
referred to by the letter "A" followed by the page number of the
Appendix. Additional materials may he filed the early part of the
week of July 6, 1.998.
Please incorporate these materials with the previously
sub~itted materials for submission to the Board of Zoning Appeals/
Board of County Commissioners.
I~UCA~ BAY 8el LAUREL OAK DR. ~ 71o,
BALD EAGL~ DR~ ~ ~ ~. BOX 1, MASCO
July 2, 1998
Page 2
If you have any questions, please do not hesitate to contact
Sincerely,
APP .-
WOO~MBARDO, P.A.
Antq~WH~"P .~res, Jr.
Walden Oaks of Naples
Homeowners Association, Inc.
c/o N. Paul San Ftlippo
Huntington Homeowners Association, Inc.
c/o N. Paul San Filippo
Barrington Condominium Association, Inc.
c/o N. Paul San Filippo
Burr L. Saunders
JUN 19 1998
A 98'2 ',,,
DATE: June 16, 1998
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORIDA
COLLIER COUNTY CON[MUNITY DEVELOPMENT
AND ENVIRONMENTAL SERVICES ADM[NISTRATOR
TO: DIRECTOR, COLLIER COUNTY
DEPARTMENT
PLANNING
SERVICES
NOTICE OF API'F. A1. OF wRrI'I'EN D~'FERMINATION OF ~
DIREC'rOR. PI~.NNING ~_gr,:RVI .~._.g Dt~AR~ (D~OR)
THAT ~ AFPLICATION BY BIC'S INVESTMEI~ (~OR~RATION
TO Ci:IANGE TFIg. PUD MASTigR PLAN FOR ~ INcR-qs PARK
PUD (ORD. t&4-~ IN PETITION PDI g98-2 IS AN IN~ANTIAL
CHANGE AND DOES NOT CONSTITUTE A SUBST~ CHANGE
Walden Oaks of Naples Homeowner's Association, Inc., a Florida
not-for-profit corporation, Huntington Homeowners Association,
Inc., a Florida not-for-profit corporation, Barrington Condominium
Association, Inc., a Florida not-for-profit corporation, and Alan
Small, an individual, by and through their undersigned counsel,
hereby file .this appeal and Notice of Appeal of the written
d~lter~ination of the Director of the Collier County Planning
AUG 0 4 1998
Services Department (Director) that the application by BIC's
Investment Corporation to change the PUD Master Plan for the
Princess Park PUD (Ord. $84-34) is an insubstantial change and does
not constitute a substantial change to the Princess Park PUD
approved PUD Master Plan. This appeal is pursuant to Division 1.6
and Sections 2.7.3.5.2.1, 2.7.3.5.2.2 and 5.3.2.2 of the Collier
County Land Development Code and Sections 250-55 through 250-60,
inclusive, of the Codes of Laws and Ordinances of Collier County,
Florida (Ch. 67-1246, Laws of Florida, Sections 13 through 18,
inclusive) to review the written determination of the Development
Services Director (a/k/a Director, Planning Services Department)
that the proposed amendments to the approved PUD Master Plan for
Princess Park PUD (Ord. $84-34) are insubstantial, said written
determination being dated June 1, 1998 and rendered on June 4,
1998. A copy of said written determination is attached hereto as
Attachment "A". This Appeal is being taken for the purposes of
requesting that the Board of County Commissioners reverse the
aforesaid written determination rendered by the Development
Services Director (n/k/a Director, Planning Services Department).
The Jurisdictional bases for thc. Appeal are Division 1.6 and
Sections 2.7.3.5.2.2 and 5.3.2.2 of the Collier Co6nty Land
Development Code and Sections 250-55 through 250-60, inclusive, of
the Codes of Laws and Ordinances of Collier County, Florida (Ch.
67-1246, Laws of Florida, Sections 13 through 18, inclusive), and
other applicable provisions of Collier County Codes and the Land
D~velopment Code. This Notice of Appeal and accompanying
AUG 0-
correspondence, attachments and Appendix articulate and form the
bases for said appeal.
~'~o~y P. /P~rE
Burt L. Saunde~
_~/~LOMBARDO, P.A.
~, Jr. and
's, Esq.
Florida Bar No. 203671
Florida Bar No. 274313
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
SEIDENSTICKER & SAN FILIPPO
Florida Bar~o:/~602
Parkway Finn~3~/~/Center
2150 Goodlette R~ad, Suite
Naples, Florida 34102
(941) 403-0611
3O5
C~RTIFICATE OF SERVIC~
I HEREBY CERTIFY that a true and correct copy of the foregoing
Notice of Appeal of Written Determination of the Director, Planning
Services Department (Director) that the Application by BIC's
Investment Corporation to Change the PUD Master Plan for the
Princess Park PUD (ORD. $84-34) in Petition PDI $98-2 is an
Insubstantial Change and Does Not Constitute a Substantial Change
to the Princess Park PUD Approved PUD Master Plan has also been
furnished by facsimile to Richard Yovanovich, Esq., attorney for
BIC's Investment Corporation, Roetzel & Andress, Trianon. Cent~.~
Third Floor, SSO Park Shore Drive, Naples, Florida 34103 this/~/~
day of June, 1998. ~ ~./ '~
~6ny '~i~9~, Jr.
AUG 0 1998
ATTORNEYS-AT-LAW
June 30, 1998
Mr. Robert Mulhere, Director
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Mr. Vincent Cautero, Administrator
Community Development and
Environmen~l Services
2800 North Horseshoe Drive
Naples, Florida 34104
Board of Zoning Appeals
Board of Collier County Commissioners
Attention: Barbara Berry, Chairman
3301 Tamiami Trail East
Building F
Naples, Florida 34112
ICIAIG R. WOODWAID*
MA~E ;. WOODWAKD
AA'THONY !'.
J. ~tRLt'R~I~ LOMBARDS
STEVKN V, BLOUNT
.mmOard of Zoning Appeals; Collier County Board of County
~ssioners; Appeal of Written Determinat~on rendered
Jt%~e 4, 1998 determining that changes outlined in PDI
#08-2, proposed changes to Princess Park PUD Master Plan,
are i~ntbstanttal changes
Dear Chai~mmn Berry, Mr. Mulhere and Mr. Cautero:
On Ju~e 4, 1998 a Memorandum (dated June 1, 1998 on the first
~age} regarding Petition No. PDI-98-2, King Richard's PUD Master
Plan, was issued/rendered by the Director, Planning Services
Department (Joined in by the Manager, Current Planning Section; and
a Principal Planner), hereinafter referred to as "Adminis~
' Dlreu~cor# .
I'LF. ASE RESPOND TO: NAFLES
PELICAN BAY M! LAUREL OAK DB., SUITE 710, NAFLF_~ n~ORID& 341~8 (~Jl) S66-313~----J
June 30, 1998
Page 2
Said Memorandum is a written determination that the proposed
amendments or changes to the King Richard's PUD Master Plan are
"insubstantial". [Note the PDI refers to the "King Richard's PUD"
although the name of the PUD is apparently still "Princess Park",
and has not been officially changed.]
The Appellants herein are adversely affected, aggrieved
parties, and/or property owners, and/or received written notice
from Collier County of the pendency of a hearing before the Collier
County Planning Commission ("CCPC") scheduled for June 18, 1998 to
consider PDI ~98-2. (see A-50)
The Appellants herein either qualify as adversely affected
property owners; persons aggrieved; aggrieved parties, and/or
parties who have a right to appeal said written determination to
the Board of County Commissioners and/or the Board of Zoning
Appeals by virtue of Division 1.6 and Sections 2.7.3.5.2.2 and
5.3.2.2 of the Collier County Land Development Code ("LDC"); and
Sections 250-55 through 250-60, inclusive, of the Codes of Laws and
Ordinances of Collier County, Florida (Ch. 67-1246, Laws of
Florida, Sections 13 through 18, inclusive).
[References to the attached Appendix will be designated by the
letter "A" followed by the page number (i.e. A- ).]
Appellant Walden Oaks of Naples Homeowners Association, Inc.
(hereinafter "Walden Oaks") is a Florida not-for-profit corporation
formed and existing for the purpose of being a master association
for approximately 330 residential dwelling units within the overall
co~unity known as Walden Oaks. Appellant Huntington Homeowners
Association, Inc. (hereinafter "Huntington") is a Florida not-for-
profit corporation formed and existing for the purpose of
administering and operating community property and enforcing
recorded d~ed restrictions for that neighborhood known as
Huntington. Appellant Barrington Condominium Association, Inc.
(hereinafter "Barrington") is a Florida not-for-profit corporation
formed and existing for the purpose of administering and operating
that certain condominium project known as Barrington, a
condomini~m. ~rrington represents all of the unit owners of all
of the condominium units that comprise that certain condominium
~,roject known as Barrington.
w~
RUG 0 & 1998
_
June 30, 1998
Page 3
Alan Small is a property owner residing at 6606, Unit D,
Tannin Lane, Naples, Florida 34109 (in Huntington, hereinafter
referred to as "Small").
Appellants Walden Oaks, Huntington, Barrington, and Small are
members of the class of parties who are entitled to receive written
notice and who were indicated as being mailed a copy of a notice of
hearing for Petition No. PPI-98-2 (see A-50 through A-80).
This letter (and its Att~cknents and the Appendix), and
accompanying Notice of Appeal are notice of and is and constitutes
the appeal to the Board of County Commissioners ("BCC") of said
written determination. The Appellants herein have a right to
appeal said written determination to the Board of County
Commissioners and/or the Board of Zoning Appeals.
The bases for this appeal, although not exhaustive, are listed
below. The Appellants specifically reserve the right to supplement
these materials and to amend this letter and Notice of Appeal as:
1) Severe time constraints have been imposed on Appellants
by the scheduling of this Petition PDI $98-2 before the
CCPC on June 18, 1998.
The written determination was rendered June 4, 1998.
Pursuant to the aforementioned appellate procedures, the
Appellants have 30 days, i.e. July 4, 1998, to file the
Notice of Appeal.
3)
However, as the petition is scheduled for the June 18,
1998 CCPC meeting, out of an abundance of caution,
Appellants in good faith, believe they should file the
Notice of Appeal and appeal prior to the scheduled CCPC
hearing date.
4) There are thus severe time constraints imposed on the
Appellants. These time constraints are not caused by the
Appellants or the actions or inaction of the Appellants.
As a result, Appellants specifically reserve the right to
supplement this Appeal and/or amend/modify same prior to the
expiration of t~:e 30 day time frame and thereafter.
AUG 0 4:1998
Ju/~e 30, 1998
Page 4
The bases for this appeal, although not exhaustive are as
follows:
l)
A. On April 24, 1984, the BCC approved Petition R-83-
29C, adopting Ordinance No. 84-34, the Princess Park PUD
IA-S1].
B. On June 12, 1990, the BCC amended Ordinance No. 84-
34 [A-99]. Although the PUD's name has not been changed
and although it is at times referred to as King Richard's
Park, Ordinance No. 84-34, as amended, will hereinafter
be referred to as "Princess Park PUD~'.
The permitted principal uses in Princess Park are
outlined within Section 5.2 of the Princess Park PUD [A-
l00].
2)
On or about March 19, 1998, BIC's Investment Corporation
filed its "Application For Insubstantial Change
Determination to PUD Master Plan and Public Hearing
Before Collier County Planning Commission [A-9],
hereinafter "Application". It's agent for the
Application is Butler Engineering. This Application was
apparently filed pursuant to Section 2.7.3.5.2 of the LDC
[A-24].
3) The Application indicates that the applicant would:
a) eliminate a portion of the existing miniature golf
course in its western most portion, to accommodate two
new (2) uses, a "lazy river ride" and a water slide; and
b) create a new "junior go-kart track" from an existing
go-kart track, resulting in three (3) go-kart tracks; and
c} add a new ride and use, a "Kiddie roller coaster"
ride; and
d) add an undefined "pirate swing" ride; and
e) install what are described as various "noise
buffers"; and
w~
AUG 0 1998
_
June 30, 1998
Page 5
4)
S)
6)
7)
9)
zo)
f) colored concept drawings/illustrations of the
"pirate swing" ride and "kiddie roller coaster" ride are
attached IA-10 throl~gh A-12].
The Memorandum conflicts with the Application as the
Application states that one change is to "show removal of
sw~ing pool and amphitheater", while the Memorandum
articulates that the Applicant wishes to "expand the
swimming pool use to include a lazy river and water
slide." Although listed as a principal permitted use, no
swimming pool exists at Princess Park.
A water slide is not functionally, structurally or
mechanically similar in nature to a swimming pool. (see
A-l)
A "pirate swing" is not on the list of permitted
principal uses in the Princess Park PUD.
A roller coaster, whether of a "kiddie roller coaster"
type or otherwise, is not on the list of permitted
principal uses in the Princess Park PUD.
A merry-go-round is not listed as a principal permitted
use in the Princess Park PUD.
Only two (2) "car tracks" are allowed in Princess Park
PUD, i.e. a "mini-car track" and a "kiddie track". IA-
zoo]
The additional uses and change of uses outlined and
proposed in PDI $98-2 will result in an increase in the
intensity of land use within the development, thereby
constituting a substantial change (see Section
2.7.3.5.1.2, LDC). The new additional
rides/activities/structures result in a 100% increase in
the number of rides/activities.
The additional uses and change of uses outlined in PDI
$98-2 will result in substantial increase in the impacts
of the development which includes, but is not limited to,
increases in traffic generation (see Section 2.7.3.5.1.5,
LDC).
AUG 0 & 19cj8
Jtme 30, 1998
~age 6
The additional uses and change of uses outlined in PDI
~98-2 will result in land use activities that generate a
higher level of vehicular traffic (see Section
2.7.3.5.1.6, LDC).
:].3)
14)
The additional uses and change of uses outlined in PDI
#98-2 will bring about a relationship to abutting land
use that is/are incompatible with an adjacent land use
(see Section 2.7.3.5.1.8, LDC). There are land uses
adjacent to the north that are residential in nature.
All of the uses adjacent to the subject property's
eastern property line are residential in nature.
The additional uses and change of uses outlined in PDI
#98-2 will increase the intensity of the permitted land
uses (see Section 2.7.3.5.1.7, LDC).
"]5)
The proposed "kiddie roller coaster" and "pirate swing"
are two (2) distinct, separate, additional uses of a
mechanical, not static nature. Each of these utilize
mechanical devices and each can be 30 feet high. These
two active uses will utilize part of an area currently
utilized for quiet miniature golf activities. [see A-10
through A-12, renderings/concepts of "swing ride" and
"kiddie roller coaster", and A-11B and 11C]
The proposed revised Site Plan will result in the
creation of an additional race track, thereby resulting
in three (3) race tracks, with each one creating its own
demands, thereby increasing the amount of motorized race
car activity.
The determination is not supported by substantial
competent evidence.
:XB)
A Traffic Impact Statement or analysis was not submitted
or required to be submitted. There is no Traffic Impact
Statement or traffic impact analysis in the County's
records from the original 1984 rezoning.
For 911 of the foregoing, the changes tot_he Princess Park PUD
outlin~ in :?DI $98-2 should be determined to be substantial.
Che¢~: nu~beu- 2300 from Seidensticker & San Filippo, Attorneys
at Law Operating Account representing the appeal filing fee of
$200.00, an a~mottnt confirmed by P~ay Bellows of your office, made
payable to the Board of County Commissioners of Collier County,
Florida was paid t the time of the Appeal on June 16, l~&.~~ ¢
AUG 0 41998
J~e 30, 1998
Page 7
If you have any further questions, please do not hesitate to
contact me.
Sincerely,
WOOD~ LOMBARDO, P.A.
SEIDENSTICKER & SAN FILIPPO
N. Paul San Filippo
Walden Oaks of Naples
Ho~eowzlers Association, Inc.
c/o N. Paul San Filippo
HuntingS:on Homeowners Association, Inc.
c/o N. Paul San Filippo
Baz'rington Condominium Association, Inc.
c/o N. Paul San Filippo
Bul-t L. Saunders
w~
AUG 0
p~. ~
DATE: June 30, 1998
BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY,
FLORrDA
BOARD OF ZONING APPEALS, COLLIER COUNTY, FLOII~A
COIJ.II~ COUNTY COMMUNITY DEVELOPME~
AND ENVIRONMENTAL SERVICES ADMINISTRATOR
.TO: DIRECTOR, COLLIER
DEPARTMENT
COUNTY
PLANNING
SERVICES
NOTICE OF ~AL OF WRITI'EN DETERMINATION ~
DIRF. LI~R,_ PLANNING SERVICES DEPAR~ (D~R)
~ ~CATION BY BIC'S INVESrMENT CORPORATION
TO C~ANGE ~ PUD ~R PLAN FOR ~ PRI~CF-qs PARK'
PUD fORD. F84-34~ IN PErITION PDI//98-2 IS AN INSUBSTANTIAL
.CHANGE AND DOES NOT CONSTITI. YrE A SUBSI'ANTIAL CHANGE
TO Trig FRINC~_ ~ PARg PUD AH~OVED PUD ~ In.AN
Walden oaks of Naples Homeowner's Association, Inc., a Florida
no,-for-profit corporation, Huntington Homeowners Association,
Inc., a Florida not--for-profit corporation, Barrington Condominium
A~sociation, Inc., a Florida not-for-profit corporation, and Alan
Small, an individual, by and through their undersigned counsel,
hereby file this appeal and Notice of Appeal of the written
w~~ 1 "~~
AUG 0
determination of the Director of the Collier County Planning
Services Department (Director) that the application by Bic's
Investment Corporation to change the PUD Master Plan for the
Princess Park PUD (Ord. $S4-34) is an insubstantial change and does
not constitute a substantial change to the Princess Park PUD
approved PUD Master Plan. This appeal is pursuant to Division 1.6
and Sections 2.7.3.5.2.1, 2.?.3.5.2.2 and 5.3.2.2 of the Collier
County Land Development Code and Sections 250-55 through 250-60,
inclusive, of the Codes of Laws and Ordinances of Collier County,
Florida (Ch. 67-1246, Laws of Florida, Sections 13 through 18,
inclusive) to review the written determination of the Development
Services Director (a/k/a Director, Planning Services Department)
that the propose~ amendments to the approved PUD Master Plan for
~rincess Park PUD (Ord. $84-34) are insubstantial, said written
determination being dated June 1, 1998 and rendered on June 4,
Z998. A copy of said written determination is attached hereto as
Attachment "A". This Appeal is being taken for the purposes of
r~questing that the Board of Zoning Appeals and/or .the Board of
Co~ty Commissioners reverse the aforesaid written determination
rendered by the Development Services D/rector (n/k/a Director,
~l.~:.~ning Services Department) .
The Jurisdictional bases for the Appeal are Division 1.6 and
Sections 2.'7.3.5. z. 2 and 5.3.2.2 of the Collier County Land
Development Code and Sections 250-55 through 250-60, inclusive, of
the Codes of Laws and Ordinances of Collier County, Florida (Ch.
67-1246, Laws of Florida, Sections 13 through 18, inclu~ive), and
AUG 0 1,998
other applicable provisions of Collier County Codes and the Land
Development Code. For clarification purposes, this Notice of
Appeal and previously filed correspondence, attachments and
Appendix which articulate and form the bases for said appeal are
also to the Board of Zoning Appeals. The necessary filing fee has
previously been paid and all of the previously filed
correspondence, attachments and Appendix are incorporated fully
herein by reference. This Notice of Appeal and accompanying
correspondence, attachments and Appendix articulate and form the
bases for said appeal.
WOODWARDw~~LOMBARDO, P.A-
A~t~6~'~ ~/. ~i%~s, Jr. and
Burr L. Saunders, Esq.
Florida Bar No. 203671
Florida Bar No. 274313
801 Laurel Oak Drive, Suite 710
Naples, Florida 34108
(941) 566-3131
SEIDENSTICKER & SAN FILIPPO
N. Paul San Filippo
Florida Bar No. 909602
Parkway Financial Center
2150 Goodlette Road, Suite 305
Naples, Florida 34102
(941) 403-0611
CERTIFICATE OF $~RVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing
Amended Notice of Appeal of Written Determination of the Director,
Planning Servioes Department (Director) that the Application by
Bic's Investment Corporation to Change the PUD Master Plan for the
Princess Park PUD (ORD. #84-34) in Petition PDI $98-2 is an
Ins%~bstantial Change and Does Not Constitute a Substantial Change
to the Princess Park PUD Approved PUD Master Plan has also been
f%Lrnished by facsimile to Richard Yovanovich, Esq., attorney for
v~ 3
BIC'e Investment Corporation, Roetzel & Andress, Trianon Centr~e~
Third Floor, SS0 Park Shore Drive, Naples, Florida 34103 this~
day of ~,
1998.
AGENDA ITEM 7-B
FROM:
DATE:
RE:
COLLIER COUN/~ PLANNING COMMISSION
COMMUNITY DEV. & ENVIRO~~ SERVIC~ DIVISION
JUNE 1, 1998
PE1THON NO:
OWNKR/A rr:
PDI-9~-2 KING RICHARD'S PUD
MAS'IER PLAN
RECEIVED
Mr. Michael J. Landy, P.E.
Butler Ensin~ring, Inc.
22/3 Trade Cent= Way
Naplcs, Florida 34109
jUN 1 9 1998
Bic's Iavcstmeat Corporation
6780 Airport Road
Naples, Florida 34109
A 98-2
ACTION:
The Imition~ s~flcs ~~ of an inmbstanfial ~ to tlz ~ Park pUD
pool use to ~ a lazy river and w~,. suds; to indicate the location of two (2)
chil&.~'s rides; to add ~ buff,.n,s; and to sepan~ the juaior go-kan tract from the
main go-ksrt tm:k. TI~ appUcznt al~ wishes to update the mast= plan to ab. ow'the
r~wised lake config~ as it was originally dcv¢lopcd and g~a'ally update the
plan to the catm~ development somatio. Th~ bom~nri_'~s of thc PUD and th~ location of
· xisaing ingrms and ~ points will not change.
King ~'s PUD is 11.3 acres in area and is a ,~ctangular sl~ parcel of land lying
~ Setnion 1, Township 49 SoUth, Range 25 East. The ~ is located on the east
side of Airport-Pnlling Road. It is cummtly bouad~ on ~c somh by an existing golf
driving range, and to the north and east by Lone Oak PUD, a mb:ed use dcvelopment.
(See sttached loc~ion map). Access to thc site is provided via a driveway entrance'
locamd off of Airport-~g Road.
PURPOSE/DESCRIPTION OF PROJECT_._,
The applicant wishes to amend the PUD master plan as described above. The site is
presently developed with a number of recreational type of uses,/n¢luding a go-kart wu:k,
aa indo~ ~ a miniature goLfcoursc, bardng cages and a bumper boat pond. There is
aa exizting ~ on the eastern I/3 of the site, l~vveen the existing recreational uses on
site and the residential aze~ to the ~ Thc zpplicant pla~ to con~'uct a water
slide/lazy river use adjacent to the east side of the northern parking lot, in front of the
existing castle The two (2) children's rides to be located along tho
northern botmdary of the site, behind the castle building, adjacent to the exi~ng b~
boat pond. The master plan Mows the location of noise buffers between the main go-kart
track and thc fitture j~or go-k~ track, and at thc north~ boundazy of the junior
go-kart track, adjacent to the lake. The zpplicant indica~ that the proposed noise buffers
will consist of a fourteen (14) foot wide berm (space per~tting) at a 3:1 slope, with the
top of the berm set two (2) feet above the existing grade. On top ofthe berm will be
placed a six (6) foot high woo<leu fence with canopy trees planted at twenty (20) feet on
cent~, placed on al~g sides ofthe fence. Should the lack of space limit thc use of a
berm, aa eight (8) foot high fence will be substituted for the berm/f~ combination.
There is aa estab~ed la~dscapo buffer sm'foundling the ~ubject site. To the not'& the
buffer consists of a dense canopy of trees and sl~'ubs located on an unduhting berm
a=pproxim:nely ten (10) feet wide. Along the cavern property line, the la,scape buffer
~ of a mature, opaque hedge/tree line along a berm, approxlma~ly fifteen (15) feet
wide. The land.scape buffer on the southern bounda~ of the site, primarily consists ora
den.se hedge line, zlthough in are~ the buffer is spz~e. There are some trees intermingled
within the hedge buffer.
The Land Development Code sets forth the criteria by which insubstantial amendments to
a PUD Master Plan a~e to be reviewed before they can be approved by the CC'PC. The
ctiter~, and a ~ to each criteria is listed as follows:
Is there a proposed change in the boundary of the Planned Unit Development
No, there is r~ proposed change in the boundary of the PUD.
Is there a proposed increase in the total number of dwelling units or intensity
of land nsc or height of buildings wtthln the development?
No, there/s no proposed change in the type of land uses which might have the
affect of increasing the intensity of the use of the land use or height of '
buildings within the development.
2
Is t~ere a proposed decrease in preservation, conservation, recreation, or
open space areas within the development in ezce~s of five (5) percent or five
(5) acres in the project area of the subject change.
The entire site functions as a recreationaYopen space type of use. There is no
proposal to diminish the existing open space areas with ~ which would
decrease thc area presently used for re~'e~on.
Is there a proposed increase in the size of areas used for non-residential uses,
to include institutional, commerdal and industrial land uses (excluding
preservation, conservation or open space) ?
No, there ~ no residential land uses on site. The site is not proposed to increase
in ama.
Is there a substantial increase in the impacts of the development which may
include, bnt are not limited to increases in traffic generation; changes in
traffic circulation?
There are no ~bstant/al increases in the/mpacts of development due to the
~ changes to the Master Plan. Thc add/t/on of other attractions or the/r
replacement may bring mom users to the propa~, however, the traffic analysis
conducted at PUD adoption ahould account for the replacement or addition of uses
pwvided there is no a&iitional land ama added to the site. The amen~lment to the
s/re plan does not purport to add land ama to thc site, thu.~ there should be no
substantial or long term increase in traffic generated by the site.
Will the change result in a requirement for increased stormwater retention,
or otherwise increase stormwater discharge?
The reqn___~,.ed change should not result in a recluirem~t for increased stormwater
retention.
Will the proposed change bring at)out a relationship to an abutting land use
that would be incompatible with an adjacent land use?
No, the proposed locations of the uses on the subject prope~ are adjacent to
thc mn'them botmdary of the subject site. The northern boundary ofthe subject
s/te/~ adjaca~ to the neighboring prc~a'ty's point ofingresdegress, and
existing professional office land uses and recreafiorml areas which are used
primarily to serve the resident~ areas to thc ea~ The property to the south
~y fimaions as a golf course driving range, however, the pw~..~-~' c~'~ ~...
has applied for a rezoning from "CF" Commullity Facilities, to Plan~ed ~ I I
Development, "PUD" for commercial, specifically, professionaYofl~ type of
I AUG 0 t 1990
' ' 000003
land uses. The property to the ea.vt is developed with multi-family residem:iaL The
~ location(s) of the desired uses fimction on the site dmilar to in~I! type
of development to the existing uses on site. Specifically, the proposed additional
uses are planned to be located between the exi, gtln.,~ batting cages on the
no'~heastem boundary of the site and the existing parking lot on the northwestern
boumlary of the site. The applicant also plans to divide the main go-kan track,
creating a junior go-kan track, thus reducing the size of the cun'ent go kan-track.
As a result of this split, the applicant has indicated that the go-karts used on the
junior track will be smaller in size, likely reducing the noise impact from go-karts
em neighboring properties. The additional buffers, the division of the go-kart
track, and the infill location of the proposed water slide and children's rides
should not bring about any negative change in the current relationship of the
subject site to surrounding land uses.
Is this modification in compliance with the Future Land Use Element of the
Growth Management Plan? Does it propose to in~.sse the density
or h~ttmsity of the permitted land nses?
L
Yes, this modification is in compliance with the Future La~d Use Element of the
Growth Management Plan. It proposes to allow additional uses which are
permi~ within the scope of the PUD as it was originally adopted.
The proposed change is to a PUl) District designated as a Development of
Regional Impact (DRI) and approved pursuant to Chapter 380.06, Florida
&tatntex, where such change requires a determination and public hearing by
Collier County pursuant to Sec. 380.06 (19), F~. Any change that meets the
criterion of Sec. 3~0.06 (I9)9e)2., F.S., and any changes to a DRI/'PUD Master
Plan that clearly do not create a substantial deviation shall be reviewed and
approved by Colller County t'.~der Sec. 2.7.3.5.4 or Sec. 2;7.3.5.6 of this Code.
The King Pdchard's PUD is not a DRI.
The above analysis indic-t~ that appruval of the amendm..-~ to the King Richant's PUD
would be consigcnI with a finding that the critcria supports a conclusion that thc
STAI~' R£COMMENDATIONi
Staff~ends that the Collier County Planning Commission (CC'PC) approve
Petition PDI-91L2 King Richard's PUD Master Plan, having the effect of expanding the
swin~ pool use to include a lazy fiver and water slide; inditer the location of two
(..2) cl~l, dren's fides; by adding no/se buffers; and by ~a:mfin. tlmi~xior go-kart trot
trom the main o-kan ~k · -7 .'-~ J
scenario, g and updating the master plan to its current
4
BY:
AGER
ON
DATE
DATB
~croR
VIN~ ~ CAUTERO, A/CP, ADS~[NL.~[I~,ATOR
CONg, fu'N1TY DEVELOP~ & ENVIRONMENTAL SVCS.
DATE
DATE
Tmm~ive. ly S:hed, l~ for me June 1 ~. 199~ CC'PC meefinS.
COIJ..I]~ COUNTY PLANNING COMMISSION:
M/~ A. DAVIS, CHAIRPERSON
0~0~)~199
'm
PD1-98-2
OO~ PgVgl~Fa ENT AND
~tI~AL ~l~l{V~ OF.,9 DI%rISION
Dc, amlber 18, 1997
COLUER GOVERNMENT
King P,M~a~', (ak.~ ~ Pa~k P.U/). - PUD-~3-2~2)), P,~ ~ imml~~
lMmmnt to your above ~,t, I offer the following:
to gae ~ priaci~ u~e of a ~rurmu~g pool A~ xoch, they ~'e u~e~ perm~u~a "',"au '~ 0
pool sad/or walersIide. This could ~~~~
~~o~ pl~ don't ~ to ~ ~ ~ (~1) 40~.
Waym W. Amo~l, AICP, D ~cto~
(~4D 4O3-240O
()¢1) 403*244O
Poilutto~ ContToi
..] ,
XG ~he applicant the owner
X Yes
X
(a) If applicant is a
beneficiaries below.
x
Bict8 lnvestlen~
341O9
598-2042 ·
land trust, so indicate and name
(b) If applicant is corporation other than a public
corporatkon, so indicate and name officers and ma~or
mt~ckholdmrs below.
(c) If applicant is a partnarshlP, limited partnership
or other business entity, Go indicate and name
(d) If applicant is an owner, Indicate exactlY aG
"' recorded,- and list all other o~ners, iE any.
. (e) If applicant is a l~Geef attach copy of lease, and
i~dica~m ac=ual o%~ers ~£ no= indicated on the lease.
(f) If applicant is a contract purcha~ar, at~ach copy of
con~ract, and indicate actual owner(G) name and address
below.
Robert Bic~Xu & Deborah A. Bfc~le
(If space £G'~admc~atm, attach on separate page. )
1
a
10.
Provide Legal (iE PUD
ax~a 0£ A~t~
Amended P~B ~aater Plan)
or Graphic Das~ription o~
graphically illustrate~ on
Provide W~itte~ De~rlpt£on of Hap Change
Fa-caafl~tl~ of par~img area and go-kart tzac~; indicate water si/de
& 1.az2 rtv~ us~e; indicate ~!ddte roller coastar; m re~x~rai o~ swim, rig
(I( space insufficient use ati:achment)
Provide Current PUD Document and Master Plan. Yes x
Prov£da Amended PUD Kaster Pl=n. Yes x
DOES AKEND~ CO~PLY WITH THE C~H1?REHENSIVE PLAI{:
X
Yes
No Xf no, explain:
HAS A 1~ffl~.~ZC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE
LAST YEAR? IF SO, IN WHOSE NAKE? N/A ,
HAS ANY PORTION OF THE P~D BEEN SOLD AND/OR x
D~P'~D? ~ ~ C~,W~GE~ PROPOSED FOR THE AREA SOLD AND/6R
DEVEX~?
x y¢~. No. IF YES. DESCRIBE: (ATTACH
~)DX'TZ. OI~.Z, SHEETS ]:F NECI~SARY).
O2rra~ s~te ~8 d~_~ w~th ex/s~in~ parXing area, ~vo (2) 18-bole s~Ln~at~
building with indoor arcade ~, ~ boat~, batting ~
go-.kart~ traz~, maintenance building, and kLddie railroad, ,~r~-9~-i~ and
2
3
ATI~RNgYB-AT-LAW
m,~m~mmm~ ~ ~m~m- ~m
July 6, 1998
VIA HAND DBLIV~RY
Mr. Robert Mulhere, Director
Planning Services Department
2800 North Horseshoe Drive
Naples, Florida 34104
Hr. Vincent Cautero, Administrator
Camntty Development and
Environmental ~ervtces
2800 North Horseshoe Drive
Naples, Florida 34104
~eal of Written Determination of Insubstantial Change
ru~ered June 4, 1998; Petition PDI ~98-2
Pr~cems Park/King Richard's PUD
Dear Mr. Mulhere and Mr. Cautero:
As additional bases that the items outlined in Petition PDI
~98-2 constitute a ~ change to the Princess Park PUD
Master Plan, we offer the following:
As the applicant did not provide any explanation,
description or detail as to the "lazy river" ride, the
determination that it is "similar and compatible" with
the other listed permitted principal uses in the PUD
document is not supported by substantial, competent
evidence.
2. The property owner is attempting to amend the list of
sermittsd principal uses in the PUD without amending the
PUD (see p. A-153, 154).
3. The facility is changing the nature of uses by adding
more mechanically operated uses, along with activities of
a highly visible nature with accompanying structures,
without addressing other salient issues such as
illumination, sound systems, or operational guidelines.
July 6, 1998
Page 2
The Memorandum failed to address the criteria outlined in
Section 2.7.3.5.1.6 of the Land Development Code.
No evidence of any Master Plan revision, prior to this
PDI $98-2, was submitted or shown, thereby evidencing
that PDI $98-2 is the only Master Plan amendment ever
submitted and reviewed for Princess Park. Therefore, all
of the items depicted on the revised PUD Master Plan that
acco~l~anied PDI $98-2 shculd have been reviewedbystaff,
and'not Just the additional rides, attractions and items
listed in the application by the petitioner.
Further additional material(s) to support this appeal of said
written determination include the attached Affidavit from William
L. Hoover, A.I.C.P. (marked as pages 211 through 223, inclusive),
a~d ITE and SIC materials (pages 224 through 238, inclusive).
Ail items introduced at the June 18, 1998 Collier County
Planning Commission hearing need to be included and provided to the
Board and we hereby incorporate all of the photographs, exhibits,
etc., utilized therein and request that they be available at the
hearing before the Board to assist them in this review, in
a~k~ressing the ~lestion as to whether or not the changes requested
i~Petition PDI $98-2 are insubstantial.
Additionally, I noticed in reviewing the previously submitted
materials, some erroneous references to page numbers in the
Appendix. For correction and clarification:
The colored concept drawings/illustrations of the "pirate
swing" ride and "kiddie roller coaster" ride should be
noted as pages A-lZ through A-14 (as opposed to the
reference to A-10 through A-12 or A-11B and A-11C).
The reference in paragraph 5 of the Appeal that "a water
slide is not functionally, structurally or mechanically
similar in nature to a swi~ing pool" should refer to
~age A-$ (as opposed to A-I).
Also enclos~.d are eight (8) 11" x 17" color copies of pages A-
12 through A-14 depicting the proposed additional rides, for
i~clusion, as is, into the packets for the Board members.
AUG 0 t: 1998
.,.,,,._ PIto ~
~Uly 6, 1998
Page 3
If you have any questions, please do not hesitate to contact
APP:alw
Sincerely,
WOO~MBARDO, P.A.
~y' ~es, Jr.
Walden Oaks of Naples
Homeowners Association, Inc.
c/o N. Paul San Filippo
Huntingt:on Homeowners Association, Inc.
c/o N. Paul San Filippo
Barrington Condominium Association, Inc.
c/o N. Paul San Filippo
Burr L. Saunders
Richard Yovanovich, Esq. (w/encl.)
AUG 0 A 1998
?J00 North Horsesl~ Drive
Naples, Florida 34104
2~00 North H~ Drive
Naples, Florida 34104
Board of Collier County Commission~'s
AtIeutiou: Bm'bara tkrr~, Chaimmn
3301 Tm~mi Trail East
Building F
~apl~, F~ 34 t ~ 2
AFFIDAVIT OF N. PAUL SAN FILIPPO. ESO,
STATE OF FLORIDA )
) ss: Naples
COUNTY OF COLLIER)
B~oru me, personally appearcd, N. Paul San Filippo, Esq. who, aft~ being duly
I. My mu~ is N. Paul San Filippo and I am over the age of 18 aud make this
afrmdavit based upon my personal knowledge.
2. I am counsel to Wald~u Oaks of Naples Homeowucts' Association, Inc.
Barfiugtou C. oudomi_ 'nlum Association, Inc. Huntington Homeowners' Associamion, Inc., and
3. I am also n resident of Lexington at Lone Oak Homeowners Association, Inc. nnd
member of Walden Oaks of Naples Homeowners Associafic~i, Inc.
4. On June 17, 1998, I t~lephoned Susan Murray at the Collier County Land
Planning ~ and r~luested a copy of the 1984 Tra~c Impact Statement for the Princess
Pn~k (a/k/a King Richard's) PUD.
¢
her file and get back with me.
At that time IV~. Mun'ay informed me that she would check
Ms. Mumty telephoned my office later that same day and informed me that the
Traffic ~ Slmemem for the original Princess Park PUD could not be localed within the file.
Further no=iant sayeth noc
Sworn to and subscribed before me on this
Pilippo, who is personnlly known to me.
day of July, 1998, by N. Paul San
Notary Public
AFFIDAVIT OF WILLIAM L. HOOVER
STATE OF FLORmA
COUNTY OF COT
Before me the undersigned authority personally appeared William L. Hoover, who being
duly deposed, swears and states under oath as follows:
1. That my name is William L. Hoover and I am over the age of 18 years.
2. I am employed by and I am the owner of Hoover Planning, and I am a land
planner certifieA by the American Institute of Certified Planners, and therefore utilize the AICP
3. I have been qualified to testify as an expert and I have t~fified numerous times
before local government and other agencies and tribunals with regards to zoning, land use, and
planning matters in Collier County.
4. I am familLax with the Collier County Land Development Code and with
traditional and prudent planning practices.
5. I have had the opportunity and have reviewed thoroughly that certain
~ncmorandum pre{xu~ by the Community Development and Environmental Service. s Division,
more specifically prepared by Susan Murray, Principal Planner; Ronald F. Nine, AICP, Current
Planning Manager;, Robert 1. Mulhere, AICP, Director of Planning Services; and Vincent A.
Caut~ro, AICP, Administrator of Community Deveiopment and Environmental Services
Division, with a date of June 4, 1998 being indicated as the date signed by Robert J. Mulhere,
a true and correct copy of same being attached hereto as Exhibit "A".
6. I have also review~ the application for Petition PDI-98-2 as pwvided to me by
Anthony P. Pires, Jr. and the Walden Oaks Homeowners Association, Inc.,
AUG 0 4 1998
Collar Com~ ~ ~6-53).
7. I I~'¢ ~o l~t the o~~ W r~ a ~ ~ of ~ ~
~ p~ ~~n's (C~ ~mi~n ofP~n PDI-~-2 on ~ 18, 1~8.
8. S~ ~~ ~ ~ d~ 9 ~ or ~~ ~ ~~
~~P~~am~c~c. ~i~~~c~P~S~
~ ~ ~ ~ p~ing ~m~bn ~5c H~, ~ ~Bp~ ~e ~
~' (~ ~e 3 of ~ ~~ ~). How~, ~ ~ ~ebp~m ~ ~
10 ~ ~ ~ ~g ~ ~ ~n 2.7.3.5.1.6, ~h ~ ~ c~e ~
p~ ~ ~ ~ of ~ ~ of J~ 18, 1~, ~ ~c i~ ~
~h ~ ~ ~ ~ ~g ~ I~'s ~ ~bn of T~ ~bm ~ch ~ ~ ~
~ ~ ~ ~ ofP~ U~ ~ ~ ~ P~ P~ ~ ~
~ ~ U~: 435 ~~~ R~b~ F~ of ~ ~s 6& ~n of ~
~ ~ ~ ~~ ~n w~ch ~ ~ ~ of ~ ~c ~ ~ ~
the corr~cl land u~ for eo~imaIing the pro~'s ~c. ~ ~ ~~ of ~
~bn ~ ~~~ ~~ ~ti~s ~ ~o or ~ of~ ~~ ~
~~ ~ o~ ~: ~ go~ ~ ~e~ ~d~ ~, ~ ~ ~
~~.' ~av~c~~h~~of~~P~~'s
P~ U~ ~h ~: Min~ ~ff ~, Mini~ T~L B~ ~ Po~
~e, ~ T~L ~V~ ~ ~hin ~b~~ Ho~, ~
~ ~ ~ P~ ~ ~ ~ Bm~ E~~ ~. on ~27-98, ~ ~
~: W~ S~, ~ie Ra~o~ ~ddie ~g ~o~ S~,
~~~ ~ of~ ~ ~ ~ ~~ ~ U~: 435 Muk~~
~ F~. ~~e of W~ S~, I wo~ ~i~ ~ ~~g ~ ~ ~
~ ~ ~e~ ~ ~ ~t ~ve a &finibn ~v~g this ~ of ~,
We~s H N~ ~ll~e Diab~, publ~h~ ~ 1~5 ~ ~ Horn
~ ~ p~.' ~ ~'s 6~ ~kbn ofT~ ~bn ~ ~e a ~o~
~ of~, ~ U~: 480 ~m P~ ~ ~bn of~ ~ ~ ~
~ ~e ~ ~ ~ie P~ ~ I~ No. 7~ ~ P~ I
~ ~ e~~n ~ ~ ~nbn of ~ ~ P~ P~, ~i~ ~r ~dk
~ ~ U~: 480 ~~t P~ ~ ~p ge~n m~ for ~ U~: ~0
~ ~ ~ on ~e, ~ ~~ly do~le on ~~ ~~ W ~
~~ ~~ F~. ~ A~e T~ ~bn ~ ~ ~ fo~
~ofsM~~b~F~ ~~~T~E~g8~
~ T~ ~ ~ 81. ~ ~~~ t~ A~e T~ ~bn ~ for
AGE~EM
0 0 & 1998
Amusem~l Park are IL,~xi as: Saturday Daily Trip Ends ar~ 180 and Sunday Daily Trip Ends
am 171. This is a very substantial increase in weekend traffic.
The PUD Master Plan does not meet Section 3.3.d) of the Prince~ Park PUD Docume~
which staIes, 'l~nor variations in locaiom of roads, ~x:tur~ and water bodies, shall be
~ a~ ~r~ design to acco~¢ the geometry of the facilities to be in, Ileal. Minor
varisIbm shall be defined as being within 100' of ~be locafio~ shown on the master site plan.
For imtance, the previous PUD Master Plan shows the northern l'~If ofthe lake extending from
the west while the lates~ PUD Master Plan dated 4-27-98 shows the nonhero half oftt~ lake now
only ~ alxmI 200 feet to the west from the ea.stem property boundary. This requh'es a
cha~e to the PUD ~ which is a substantial PUD Amendm~I.
~ substantial shiftin~ and modification of the land uses on the lacst PUD Mas~ Plan
also re,miLs in the Criteria d. of thc Memora~um to be exceeded, which states 'Is there a
proposed ~ in the size of ar~as used for ~n-rcsidential uses, to include institutional,
commercial aad hxi~ ~ uses (~xcluding ~es,x,~ion, conservation or open space)?
~taffanswered this ~ by staIin~ "No, tber~ arc no r~idcnfial land uses on site. The site is
nm pro~ to increase in ar~a.' I believe staffs respor~ compk-tety misses the objective of
t~i~ criteria and did not ev~ list t~ second key part of this crkeria which is Section 2.7.3.~.1.4.
of the Land Developmem siating, 'or a proposed relocation of nonresidential laud uses;~. It is
readily appar~t that the large lake on the original PUD Master Plan l~s ~ substantially
~ in si~ atld replaced by bartin~ cages and the Junior Go-~ track on the latest PUD
Mas~er Plan dazed 4-27-91. For instance, tI~ batting ca~¢s were originally shown as being abouI
470 f~et from the e~stem buffer, where the pro, ct abuts residential land uses, and is now shown
as only being abo~ 295 fcct away. Additionally, the original PUD Ma.s~ Plan depicts only the
lake (~ for paddle boats) and a }ogging path around such lake as the only non-
reskiemial land ti.scs within the eastern 370 feet of the siIe while the latest PUD Master Plan
shows ~e Amior Go-Kart ir'ack as being within 235 of the eastern PUD Ix~undary. By relocating
the mor~ iateme commercial r~creatb~ uses 175 and 135 feet closer to the easterly abuIling
r~sidenti*l land u.s~s on the late~ PUD Master Plan dated 4-27-98, it has made the Princess Park
PUD inco~le with th~se abutting r~idcnfial land uses. This would surpass
the Memo~ which sta~es, 'W'dl the proposed change bring about a relalionship to an
atp. xtting land use that would be incompax~le with an adjacent land use?. This makes the
~ changes again require a substantial change to the PUD.
Both Criteria b. and Criteria L of the Memorandum r~quir¢ that the requested changes not
have an increase in the iniem~ of the l~mnkted land uses. Section 3.3.a) of the Princess Park
PUD Docunx'nt has a paragraph descn'bing the land uses proposed for the site. This paragraph
e~-nth~ly descn'bes a ~nai facility of a moderate i~ensity. Except for the paddle boats
and swimming pool which are allowed in nearly all land uses as ~ry uses, ail of the
Permitted Uses involve a one-on-one r~latiomhip between the recr~_~nal partlcipaxa and the
iatera~ion between the pm'ticipant~. The rninimu~ number of seats available with the Pirate
Swing is 33, the Flying Dragon appears to seat approximately 14 children and lhe Kiddie
Railroad and Kiddie Merry-Go-Round likely seat be~ 12 to 25 children each. Additionally,
the Water Slide, Kiddie Flying Dragon and Pirate Swing are all elevated rides where the noise
generat~ that reaches off-site residents will be sub~antially increased. As previously discussed
the petitioner is changing a moderate intensity Muhipurpose Recreational Facility into a more
~ensive Kiddie Park, which the $~a~azd Ind~ Code classifies as an amusement park.
aamxted.
Based on all of the foregoing, the requested chan~es constitute a substantial change to the
FURTHER AFFIANT SAYETH NOT.
as ~ion.
My Commission Expir~: ' ·
Trip Generation, 6th Edition
An infomtiora] Pzport of the
Institute of Transportation Engineers
Volume 1 of 3
Th~ Institute of T~ Engineers (ITE) i~ ,n international educatior~l and fa:~enti~c association of ~
portation and traffic engh~rs and other professionals who are responsible for meeting mobility and ~fery m~cls.
The Instate f~cilil~te~ d~e ~pplication of technolo~ and sdem//ic pfindple~ to rese~h, phnning, funaioml
design, impkn~ntation, operation, policy development and rmnage .'nent for any' mode of tramportation by pro-
tooling professional development of members, supporting j ~d encour-aging education, stimulating research, devel-
oping public awarer~ss, and excl~nging profess'ior~l information; and by maintaining of a central point of nffer-
Founded in 1930, the lns~ifme ~rves as a gateway to knowledge and advancemem through ~. ~.
l~ug ~ ~ ~ ~ 70 ~ .nd ~o~ c~pte~ ~d mo~ t~ ~ ~ud~t c~p~ ~t p~de ~d~-
tt~ ~nu~ti~ for ~o~tion ~c~nge, ~iO~tion and ~two~ng.
Institute of Transportation Engineers
525 School St., S.W., Suite ~10
Washington, D.C. 20024-2797 USA
Tdcphone: +1 (202) 5~4-8050
Fax: +1 (202) 863-5486
ITE on the Web: http://wwv~.ite.org
01997 Institute of Transportation Engineers. All rights re. served.
Publication No. IR-O16D
First Printing
1,000/AGS/1097
ISBN 0-935403-09-4
Printed in the United States of America
Land Use: 435
Multipurpose Recreational Facility
Multipuq3ose ~ fac. Eries contain two or more of the following ~ ~ ~~ ~ ~
sil~. ~ got, b~ling cages, video ~, bumpor boa~, go-carts, and golf driving ranges.
Olher Incilmy ~ ~ refreshment areas may also be provided. ~ course (land use 430),
~ golt cour# (ltnd use 431), and golf driving range (land use 432) are related uses.
441
7O9
Ir',gritute of Transpo~
0 ~ 1998
Land Use: 435
Multipurpose Recreational Facility
Independent Varlablea with One Observation
'rl.m following trip generadJon data are for independent variables with only one observation. This
shown ~ th~ table only;, them are no related pk~ for these data.
~ Vat"'-mble
Tdp ~:z~ Numb~
weel~, g0.38 4.1 I 50% entering, 50% ir, dtJng
Weekday A.M. Peak 1.92 4.1 I Not Avaitabie
Hour o~ Adiacent Stm~
Traffic
Weekday P.M. Peak 5.77 4.1 1 Not Available
Hour o~ Acrlacent Street
Traffic
Weekday Ada. Peak 2.88 4.1 1 Not Available
Hour ol Generator
Weekday P.M. Peak 11.54 4.1 1 Not Available
Hour ot Generator
~ "g7.80 4.1 I 5~ entering, 50% exiting
,~lurday Peak H~3~r of" 12-26 4.1 1 Not Available
Germrator
Sunday Peak Hour of ! 9.38 4.1 I NC Available
710
Institute of Transpo~
Land Use: 431
Miniature Golf Course
TI~ ~ m ~ in 1991 in ii subutbltn ar~ of B,~lto~, N~w ~.
~ Numl~r
Land Use: 431
Miniature Golf Course
Independent Varlable~ w#,h One Obaa~'vation
The fonowing tr~ I~ data am for independent variables ~ ~ ~ ~.
information is shown in th~ table orgy;, there are no related plots for these data.
Users am cautioned t~ use lt~se data with care be~&use of ~ small sample size.
Trip 84ze of Number
704
Instftute of Transportatkx~
AUG 0 ,~ 1998
Land U,~e: 414
Water Slide Park ..
Ackfftlonal Data
Ttm ~ m ~urv~md in 1962 in Idaho. The hours of cq.~er~tk~n of the site ~urveyed were 1~.~
619
~UG 0 ~ 1~98
Land Use: 414
Water Slide Park
Independent Variables with One Ob~rvation
The following tr~ generation data are fo~ independent variables with only one observation. This
information b ~ in ~ table only; them am no related plots for these data.
U~er~ are cautioned to u~e Itmse data with cam because of ~ small sample size.
Trip Size of Numbe~
O~.~'ation~ of
Dir~alional Dl~.lbuflon
Institute of Tran~oo~'t~ E~; 0 4.. 1998
Land Use: 480
Amusement Park
The ~tmm ~vem mm~wyed In 1970 and 1987 In San Diego taxi Oklahoma City. The San Diego site,
the lime of d~m collmclion (1970), had 6(X) employ~es and 3,0(X) parking ~oaces. The two site~
Number%
18,269
743
Institute of Trlml~o~ ~G 0 ~ 1~:J8
(480)
Average Vehlole Trip -F. nda w: Aorel
On a: Saturday
Number of Studies:
Average Number of Acres:
2
25
50% entering, 50% exiting
180.20 150.33 - 189.63 '
x
1,ooo
10.00 ~3.00 3O.OO 4O.00
X - Nun'dxw' C~ Acmt
74g
!
000232~U.~T~J~ 0 ~. 1998
!
! .
Amusement Park
(480)
Average Vehicle Trip Ends vi:
On a:
Acrel
Saturday,
Peak Hour o? Generator
Number of Studies:
Average Number of Acres:
Directional Distribution:
2
25
58% entering, 42% exiting
Trip Generation per Acre
A~ Rltll '
18.86
Range of Rates Slar~l
17.58 - 22.92 ·
I 400
I-.,
10.00
X = Nur~ o(Ac~es
Amusement Park
(4 o)
Average Vehicle Trip Ends vs:
On a:
Acres
Sunday
Number of Studies:
Average Number of Acres:
Directional Distribution:
2
25
50% entering, 50% exiting
Trip Genm*~on per Acre
I Awrage Rate Range of Rates Standard Deviation
171.(~_ 82.50 198.97
Cau~on - U~e Careful/y - Sma/I Samp/e 8/ze
7,ooo
0
10.00
X
......................... : ..................... ;;,.,' ............................
X = Nun~ of Acms
40.00
Amusement Park
(480)
Aven~e Vehicle Trip Ends vs: Acres
'On a:
Number of Studies:
Average Number of Acres:
Directional Distribution:
Sunday,
Peak Hour of Generator
2
25
44% entering, 56% exiting
Trip Generation per Acm
Average Rate Range of Retes Standard Deviation
17.76 12.08 19.55
Data, Plot and Equation
II
lO0
IO.O0
X
~3.tNEOU8 AMUSEME~ AND RECREATION SERVICE8
~ Fitness Facilities
Est~l~ments p~imarily e~aOd in operatiz~ reducing and other health
fltaess condi~i~g, whether or not on a me~p basis. Also included in
Sports and recreation clubs are cl. aaaifi~ in Industry 7997 ff operated on a
membsm__h¥ basi~ and in Ind~ 7992 or 7999 ff open to the general publ~
Health rean~ and spas provi~ lodgi~ are clamifiod in ~ Group 70.
F_~t~lislunenta that promote physical fitneea through diet control are classi-
7992
799~
7996
PubUc Golf
EstabUzhments primarily engaged in the operation of golf courses open to
the general public on a contract or fee bash. Membership. golf and country
clubs are clamified in Industry 7997. Mi~isture golf courses and goH' driving
ranges are ~ in Induztry 7999.
Coin-Operated Amusement Device~
EatabUahments pri-~_~___,-ily engaged in operating coin-operated -,~usement
devices, either in their own or in other places of budnes~ Such amusement
devices include juke boxes, pinball mnchi-~, mechanical g~mes, slot ma-
chines, and simUar types of amusement equipment. Amusement (incl~
video game) arcades and parlors are alzo included ~n this industry.
Amusement Parks
Establ~hments of the type known as amusement parks and kiddie parks
which group together and operate in whole or ~u part a number of attractio~
such as mechanical rides, amusement devices, refreshment stand~ and picnic
grounds. Amusement concessionaires operating w/thin the park are generally
classified in Industry 7999.
7997 Mem_hership Sports ~d ~flon Clubs ]AUG 0 4 19~
S~~d~fion~u~w~h~~~~~~ ~
]~ ~I~IA~OU8 AMUS~ AIqD ~TI01~ SERVIC/~--~
8port~ and ~n Clnb--Con.
Recreation Service., Not Elsewha~ Classified
. ~
t~vices, Industry Group 0~5.
~ M~US AMUSEMENT AND RECREATION SERYICES--Coa
Amm~em~nt and Recreation S~vi~ Not Elsewhere Clan.
REGULAR MEETING OF THE
COLLIER COUNTY PLANNING COMMISSION
June 18, 1998, 9:01 a.m.
Building "F" - Government Complex
Naples, Florida
CHAI):
Mike Davis
Russell A. Priddy
Michael J. Bruet
Michael Pedone
Gary Wrage
Edward J. Oates, Jr.
Russell A. Budd
ABSENT:
Donald J. York
Karen Urbanik
ALSO PRESENT:
Bob Mulhere, Current Planning Director
Heidi Ashton, Assistant County Attorney
Susan Murray, Principal Planner
Ron Nino, Current Planning Manager
For the Petitioner:
RICHARD D. YOVANOVICH, ESQ.
Roetzel & Andress
850 Park Shore Drive
Naples, FL 34103
For the Respondent:
N. PAUL SAN FILIPPO, ESQ.
Seidensticker & San Filippo
Parkway Financial Center
Suite 305, 2150 Goodlette Road
Naples, FL 34102
BURT L. SAUNDERS, ESQ.
Woodward, Pires & Lombardo, P.A.
801 Laurel Oak Drive
Naples, FL 34108
Donovan Court Reporting (941)
2668 Airport Road South, Naples,
793-0021 ~
FL 3 4112~ ~U8 0 ~
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CHAIRMAN DAVIS: Petition PDI 98-2. This is the
King Richard's PUD, which I imagine is why we have so
many extra visitors and friends today.
MT~. SAUNDERS: Mr. --
CHAIRMAN DAVIS: Before -- before we swear
everyone in, Mr. Mulhere, maybe you can give us some
guidance here, because I know -- and I think we
probably need to do some disclosures -- that there are
-- there may be some legal issues here. Would it --
would it make sense that we first deal --
MR. MULHERE: Yeah.
CHAIRF~N DAVIS:
move to the petition?
MR. MULHERE:
we need to discuss
-- with that before we actually
Yes. I think, Mr. Chairman, that
-- Mr. Saunders will be, I'm
requesting or providing you with some information for
you to deliberate on that -- that will cause you to
make a decision as to whether or not, in fact, you
wish to hear this petition today. And I think that
decision needs to be made, because I think once you've
made that decision, then it's a standard process of
hearing the PDi petition which, of course, at any time
any decision of the planning commission, any final
decision of the planning commission, can be appealed
to the Board of County Commissioners.
Donovan Court Reporting (941) 793'0021
2668 Airport Road South, Naples, FL 341
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CHAIRMAN DAVIS: Uh-huh.
MR. MULHERE: And I just'Wanted to give you a
little background information, and then I'll yield to
Representative Saunders.
And, by the way, I think that the -- the property
owner also has legal counsel in attendance who may
wish to speak, Mr. -- Mr. Yovanovich. And at the
outset, let me say that I want to express some
gratitude to Tony Pires who brought to our attention
some of the problems with this section in the code.
And I do feel -- I do agree with the fact that the
code is not written, in some ways, clearly in this
section. We do intend to revise that during the next
set of land code amendments.
However, notwithstanding that information, t~e
issue here is -- and I'll -- I'll let you know that in
-- in Section 2.7.3.5.2, which is procedure for
substantial-insubstantial change determination of a
PUD, it sets forth several procedures. The first is
that the applicant provide us with documentation that
describc~ the proposed changes and that we as staff
analyze those proposed changes against the criteria
that's set forth in the code for whether or not it's
substantial or insubstantial. There are 11 criteria.
That information you will be familiar with ~
2668 Airport Road South, Naples, FL 2 A ~
t_?g._ fl
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it's addressed in your staff report and in past PDIs
and as well as in this one.
The -- the second paragraph in that section says
that upon completion of the review, the development
services director, which is a name that currently is
referred to as the planning director, shall provide a
written determination to the applicant or legal
representative confirming that the proposed changes do
or do not constitute a substantial change to the
approved PUD master plan based on the evaluation of
the criteria in Section 2.7.3.5.1. That is our staff
report. And staff repot= makes a finding, and
obviously if we -- we either -- we either contend that
it is not a substantial change, in'which case the
process is -- it is not an insubstantial change i~.
which case the process is different. It's a
full-blown PUD amendment, and it's reviewed by you and
then brought forward to the Board of County
Commissioners. Or we make d finding that it is
insubstantial, and we prepare a staff report that
justifies that, and -- and we bring that forward to
you as a PPI.
The -- at issue is the last sentence in that
paragraph which says, "Any such determination made by
the development services director," any such
Donovan C°Qr~ RepOrting (9141) 793-002~
2668 Airport Road South, Naples, FL 341
AUG 0 4 1998
O00107
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determination, whether it's insubstantial or
substantial, "may be appealed to the Board of County
Commissioners."
First of all, I believe that the intent of that
paragraph, which must be viewed in -- in concert with
the first paragraph, is to allow the individual who is
requesting the determination as to whether or not it
is substantial or insubstantial to appeal that
decision to the Board of County Commissioners. For
example, were we to determine that a change is
substantial in nature, the process is different, and
the applicant then requesting that could appeal that
determination to the Board of County Commissioners,
and they would make a finding that' either staff is
correct or that it is insubstantial in nature and-
remand it back to the planning commission for
consideration.
But I do agree that that is not what the sentence
says. It does not clearly say that. Therefore, based
on the language in here, I do agree that -- well, to
tell you the truth, anywhere -- anyone anywhere in the
world, based on the way this language is written, may
appeal that decision of the planning services
director. And we have received such an appeal from
Woodward, Pires, and Lombardo, and on behal
Donovan Court Reporting (941) 7~
2668 Airport Road South, ~{aples, FL 34
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several property owner -- property owners and property
owners associations in the area. And we do not intend
to deny them that right, obviously, to appeal that to
the board. But the next question or the next request.
was that the planning commission continue its
consideration of the isuu, until the board -- until
the issue had been appealed to the board.
respectfully decline to do that, although I -- I also
respectfully understand that you have the ability to
consider whether or not you choose to continue this
item until such action has taken place.
My position and opinion as a planning services
director is that this item should be heard today, that
the appeal will be carried forward* in a timely
fashion, and that included that in appeal will not
16
only be our determination, our staff report, and
17
backup data and presentation, but also all of the
actions that take place here today, if you choose to
19
hear that, including your findings.
2O
So that's the decision that you need to make. I
hope I explained that clearly for you prior to hearing
22
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the petition as to whether or not you will hear it,
and I'm sure that there's additional information that
legal counsel on both sides would wish to -- to
address you. Thank you.
Donovan Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 34
~.2AUG 0 4 199~
CHAIRMAN DAVIS: Okay. Mr. Saunders, before you
begin -- Ms. Ashton, the -- and it's my understanding
thst the -- our county attorney's office, and -- is in
agreement with what Mr. Mulhere Just said to us? .
MS. ASHTON: Yes. The coung~ aggorneY~s office
believes that they can go forward today, if you desire
10
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they're proceeding at their own risk, because should
the board determine that it's not an i~substantial
change, then there is a separate procedure to be
followed.
CHAIRMAN DAVIS: Similar -- Just probably a
warning at the end of that hearing similar to like we
do with boat docks and those sorts'of things.
With that, we'll recognize Mr. Saunders. ~
MR. SAUNDERS: Thank you, Mr. Chairman, and I
apologize to the applicant for Jumping up to the
podium, but this is a procedural issue that I thought
needed to be resolved prior to getting into the
20,
substantive issues.
My name is Burt Saunders with the law firm,
22
Wcodward, Pires, and Lombardo. Mr. Pires has filed
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the-appeal. He is on vacation. He left yesterday.
Just got back from vacation. Matter of fact, I got
off a plane last night at 10:30. So there
Donovan Court Reporting (941)
2668 Airport Road South, Naples,
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AUG 0 1998
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here.
little bit of lack of consistency Or preparation
It may -- may come out a little bit.
! want to introduce Paul San Filippo with the
firm Seidensticker and San Filippo. He is also
counsel to various parties, and there are other
members of his firm here that he may want to introduce
during his remarks.
Mr. Chairman, there really are two reasons why we
are requesting a continuance, and I'll -- I'll deal
with the -- the first one that Mr. Mulhere discussed.
I personally don't like asking for continuances, and
-- but there -- there are two reasons why I think this
-- this case should be continued. First of all, it's
kind of an interesting statement made by staff that
~he statute would specifically seem to say that people
or parties or entities other than the applicant can --
can appeal a decision based on -- under that section.
But staff is of the opinion this -- that the wording
in the statute really isn't what was intended. Well,
I -- I have a little bit of a hard time understanding
that if the -- I think if the statute by its specific
wording indicates that aggrieved parties or other
parties can appeal, then I think that that's the
AUG 0 4 19~8
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interpretation. That's -- that's not an
interpretation. That's just reading the Eng
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language, and I -- I would urge that -- that this
matter be continued based on that.
I have a letter from Mr. Pires that explains the
basis for that portion of our request for a
continuance. It was delivered to Mr. Cautero and to
Mr. Mul -- Mulhere on June 15th. I don't know if
you've seen that letter.
CHAIRMAN DAVIS: I believe it's in a package that
we all received by courier.
MR. SAUND£RS: Okay. I would like to first
indicate that we are representing Huntington
Homeowners Association, Walden Oaks of Naples
Homeowners Association, the Barrington Condominium
Association, and then various individuals within the
Walden Oaks community which is adjacent to the ._
Princess Park PUD.
The letter indicates that pursuant to the
provisions of Division 1.6 and Sections 2.7.3.5.2.2
and 5.3.22 of the LDC and Sections 250 through 55
through 250-60, this written determination can be
appealed to the Board of County Commissioners within
30 days of its rendition. As a result, we believe
that it is appropriate that the Collier Planning
Commission, the consideration of the Petition PDI 98-2
not be h~ard at that time. The consideration
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PDI 98-2 should be continued indefSnttely until such
time as the Board of County Commissioners has made a
determination as to whether the proposed change is
insubstantial or substantial. And as was pointed out
by staff, there is a difference in procedure, if it's
determined to be a substantial deviation.
And, again, I would base the appeal on the -- on
the strict reading of the language of the section that
provides that any such determination made by the
development services director may be appealed to the
Board of County Commissioners. It doesn't limit who
can appeal. And typically the courts have limited
appeals of these types of decisions to aggrieved
parties, and we certainly are in the class of
potentially aggrieved parties because of the proximity
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to the development.
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The second basis for continuance is one of
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fairness. And I was interested in listening to the
debate early in the -- in the meeting concerning the
county commission report. Mr. Bruet was concerned
about receiving last-minute information and the
inabil~.ty to review that information while
presentations are being made. And Chairman Davis
talked about the opportunity for people to be heard at
this level, and I think both -- both of those
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important considerations. And I think in this case
we're not being given a sufficient opportunity for our
side of the case to be heard because of the quickness
of this.
And let me point out a couple thi~gs to you. On
May 29th of this year, there was a notice of this
hearing that was sent out by staff. The notice of the
hearing really doesn't sound particularly damaging or
significant. It talks in terms of PDI 98-2, and it
lists the name -- representing Bic's Investment
Corporation requesting an insubstantial change
determination to the King Richard's PUD master plan by
expanding the swimming pool use to include a water
slide and a lazy river, by indicating the location of
two children's rides, by adding noise buffers and ~y
separating the Junior go-cart track from the main
go-cart track, etc.
It doesn't sound like it's a particularly
significant issue. What is significant is that this
letter was issued on May 29th. The insubstantial
determination by staff wasntt even signed by the
original staff person, Susan Murray, until June 1st,
some three days -- three or four days later. And it
wasn't signed by the administrator of the community
development division, Vince Cautero, until J~
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Now, at least theoretically no one would have
even have had access to this thing until after June
8th. If it was mailed out, if it was -- if somebody
came across it -- maybe it was June 10th or 12th
before anybody ever knew that this was out on the
street. That explains why Tony ?ires was contacted a~
such a late date on thi~ issue. There really was no
notice. It looks like notice was issued on May 29th
but, in fact, there was nothing for anybody to look at
until after June 8th. And that's less than ten days.
And I don~t think it's particularly fair that the
aggrieved parties would only be given that short a
period of time.
I~m not criticizing staff in any way at all on
thi~. I -- this is -- this may be a -- a -- a ~
procedure that's followed to expedite the -- the
hearing process. But when you expedite the hearing
process even by a few days like that and give the
potentially aggrieved parties less than a week to
prepare their -- their case to hire counsel, to even
find out what the issues are, I don~t think that
that's fair. And -- and based on that I would ask
that this matter be continued: Number one, that it be
continued indefinitely because of the wording of the
ordinance that permits the appeal of this, a
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appeal has been filed; and then, secondly, if -- if
you're not of the disposition to agree with that, that
this thing be continued at least for 30 days to give
the aggrieved parties an opportunity to present some
facts and documentation to this board.
CHAIRMAN DAVIS: Questions of Mr. Saunders?
MR. MULHERE: I Just would respond, but with all
due respect, not only -- and I need to put on the
record, not only were all the legal constraints of
advertising met, but as Mr. Saunders indicated, that,
you know, the -- the notice was sent out within the
legal parameters, minimum 15 days prior to the public
hearing. I think obviously adequate notice was served
(indicating).
And perhaps that wasn't the exact point that ~.
Mr. Saunders, I think, is referring to, time or
ability to prepare for the case. But, obviously, with
the newspaper advertisement, the mailing of all
property owners within 300 feet on the most .current
tax rolls, and the property owner notification or
posting.
Additionally, I can only say this is the exact
same manner in which every single petition, including
thousand-unit PUDs are advertised, in the same manner.
And so I think that we've met all the legal
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constraints, as far as that goes, and it seems obvious
to me that there's been notice because there's
certainly large representation here.
CHAIRMAN DAVIS: Mr. Prtddy.
MR. PRIDDY: Just a comment here, Mr. Chairman.
How were these delivered to us? How did you-all get
your -- your packet from the attorneys yesterday?
CHAIRMAN DAVIS: I found mine in my mailbox, and
it had been hand delivered, according to a phone
message on my recorder.
MR. PRIDDY: Okay. Mine, in spite of the fact
that it says 7000 Highway 29 South, was delivered to
1400 North 15th Street, which is a bank in Inu~okalee,
for which I do not -- do not work.' My -- my point is,
ny wife gave this to me at eight o'clock last night
because it was delivered to her and --
What is that?
This is a -- a packet from --
I think we need to make
MR. MULHERE:
MR. PRIDDY:
MR. MULHERE: Oh, okay.
it clear what that is.
MR. PRIDDY: Yeah.
MR. MULHERE:
MR. PRIDDY:
That is not our -- thank you.
That's -- that's -- was my question.
Is this something that was given to staff to get
delivered to us, or was this
Donovan Court Reporting
2668 Airport Road South,
delivered f. rom -~
'(941) 793-0021 !
Naples, FL 3411~ AUG 0
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MR. MULHERE: No. Well, we also received copies
of it. And probably we received them prior to your
-- your receiving them, because I think we've had the
-- the appeal in for about a week.
MR. SAUNDERS:
June 16th.
MR. MULHERE:
The notice of the appeal is dated
I'm sorry. Yeah, the appeal is
June 16th, but the letter requesting a continuance
preceded that by several days.
MR. SAUNDERS:
MR. MULHERE:
MR. SAUNDERS:
Okay.
That's -- that's correct.
The letter requesting a
continuance is dated June 15th. And, again, we got
this material to you as quickly as we possibly could,
keeping in mind that the letter that was the basil of
the appeal is not even dated until June 8th.
MR. PRIDDY: My -- my point was, though, is, you
didn't get this to me.
MR. SAUNDERS: Well, we tried.
MR. SAN FILIPPO: And perhaps that's my fault.
My office attempted, in conjunction with Mr. Ptres, to
put that package together as quickly as -- as we could
and to get it to each member of the planning
commission as quickly as -- as wa could. I -- I
apologize if it did not go to the -- to the
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address. We were under some time constraints, and we
did actually have them delivered after -- after
business hours on, I believe it was, Tuesday evening.
So we -- we were under some time constraints. If we
delivered it to the wrong address, I apologize.
-- and that is -- that's certainly my fault and the
fault of my office.
CHAIRMAN DAVIS: And could you identify yourself
for the record, please?
MR. SAN FILIPPO: I'm sorry. I'm -- I'm Paul
San Filtppo with the firm of Seidensticker and
San Filippo. ;tnd I also represent also Walden Oaks
Homeowners Association, Barrington Homeowners
Association, Huntington Homeowners Association,
Lexington Homeowners Association, and all six
subassociations of the master association at Walden
Oaks.
CHAIRMAN DAVIS: Okay. Thank you.
MR. MULHERE: Mr. Chairman, I Just want to -- one
more quick -- quick conment, because I know
Mr. Yovanovich is anxious to get up here. Again,
just want to reiterate that I haven't been asked -- I
was not asked to make a legal or -- or binding
interpretation as to what the language in that second
paragraph means. I can only base my dectsi¢
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point in time and interpretation on my experience.
! believe the intent of that section was to allow
the person requesting the determination to appeal it.
I say that only because there is a process to appeal
your finding, and there are two issues there: N~mher
one, you may not agree with the staff, in which case
the issue is moot because the process then changes to
a full-blown PUD amendment should the property owner
wish to proceed; or you may agree with the staff,, in
which case there is a process set up for appeal. And,
as I -- as I indicated, I think that the -- the
appellant, if you decide to hear this petition, they
will have to make a determination as to whether or not
they wish to appeal both the staff determination as
%;eil as the planning commission's finding, and -- ~nd
whether or not -- and we'll have to make a
determination whether or not those are independent
appeals or simultaneous.
CHAIRMAN DAVIS: Uh-huh. Okay.
Mr. Yovanovich.
MR. YOVANOVICH: Excuse me.
Yovanovich with the law firm of Roetzel and Andress.
I represent Bic's Investment Corporation, which is
applying for this P -- this amendment to the master
For the record, Rich
plan.
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A couple of points. I need to point out that I
have yet to see the full-blown appeal. I have seen
the cover letter, but none of the attachments. So I
think it's unfair to my client at this point to
continue a matter when I haven't been given a copy of
all the -- the references that are in the appeal. I
understand the short time frame, but I -- I certainly
should have received a full copy of the appeal. And
it should not -- you know, my client is prejudiced by
that by not allowing this proceeding to go forward.
Also I think it's important when you -- when you
read the statute and you listen to what Bob is telling
you about how that statute has worked in the past and
read it, it's clear that the intent of that language
-- and you've got to give a reasonable constructic~n to
the language -- is that my client, if it disagreed
with the interpretation, would have the ability to
appeal that determination. It doesn't say anywhere
here it says any aggrieved party can appeal it. Had
the board wanted to say any aggrieved party can appeal
it, the)' would have said that. They certainly have
done that in other parts of the Land Development Code.
And we agree with staff's interpretation of what
should happen.
25 [ It doesn't mean that,,,~hey will not have~
· " 941 793 002
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to challenge whether this is a substantial or an
insubstantial change. You may decide it is
substantial. I don't know. But if you determine it
is insubstantial, they still have an opportunity to go
to the Board of County Commissioners and persuade the
Board of County Commissioners that your determination
was incorrect. So they do have their day in court, so
to speak, to address the issue.
I believe my client has a right and a legal right
to go forward today and have his petition heard. And
the petitioners, I guess Mr. Saunders' client, can
challenge that decision at the Board of County
Commissioner level, if they so decide after today's
hearing. But I believe we must go forward today, and
my client has a right to go forward today. And I ..
agree with what Bob said about the interpretation of
the staff, if that was the intent, that my appellant
-- my client has the right to appeal, not
Mr. Saunders' clients at this -- at this stage of the
proceeding. I'm not saying they don't have a right to
appeal. They just don't have the right to appeal
staff's report at this time.
CHAIRMAN DAVIS: Okay.
of Mr. Yovanovich?
MI~. BRUET: I guess
Thank you.
Thank you. Any questions
I might have one of
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that I need to ask. Mr. Saunders makes the point that
public notice was served around May 29th and yet he
had nothing to look at or review until June 8th.
Yeah. But that's not true.
Okay. Well, that -- I -- I need to
MR. MULRERE:
MI~. BRUET:
know that.
MR. MULHERE:
The staff report -- first of all,
if we're advertising a PDI, then it's obvious that
we'=e made a decision to carry forward a staff report.
The staff report is available. That's why we do the
public advertising. People can contact -- who signed
that letter? Who signed the letter of notification?
-- Susan Murray with a phone number. If you wish to
review or discuss the petition, you contact Susan
Murray. You go over where our position is or what. our
position is, and you make your appropriate challenges.
When -- when the staff report was signed, I don't see
it as being a relevant issue.
MR. BRUET: Okay. I -- I agree. I didn't -- I
didn't take it that way. I took it that the
information was not available, but if you say that's
not the case, I -- I would suggest we move forward,
Mr. Chairman.
MR. MULHERE: I think the information in the file
25 is always available to look at. It's avatla'ie ~~'
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went out, the fact that
going through the signature process,
available. We still have copies to
time during the process. But at that point when the
staff report is completed and finished and the mailing
it hadn't been signed, it's
it's still
review, you know.
MR. BRUET: I think the signature is irrelevant.
I would suggest we move forward and hear the petition.
MR. OATES: Mr. Chairman, I disagree with that.
I don't think we should continue it.
MR. SAUNDERS: Mr. Chairman, could I ask a
question?
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CHAIRM3tN DAVIS: Please.
MR. SAUNDERS: Because I -- I'm a little
confused. I -- I would presume that when the director
of the planning services department reviews and stz/ns
off and when the administrator of the community
development and environmental services department
reads and signs off, that when that occurs, that's
really the final product. Now, we can argue all day
long that there was a draft available a few days
earlier than June 8th, but I think that the final
product occurs when the final person signs off the
~. · 23 letter. I think otherwise you're saying that
~ , 24 ~ Mr. Cautero's review of the product was a use~
. , ~ 25 meaningless act, and I don't think that we'v~~~.
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gotten to that Point.
continue this.
CHAIRMAN DAVIS:
So, again, I would urge that we
Thank you. Well, I think
probably our thing -- the thing to do is, is deal with
this in the form of a motion, which we certainly can
discuss --
HR. PRIDDY:
Yeah.
CHAIRMAN DAVIS: -- and vote on.
MR. PRIDDY: Mr. Chairman, I'm -- I'm kind of
torn between, you know, if -- if this is -- needs to
be decided by the county commission, and -- and I
believe that -- that that has to take place, I -- I'm
not sure that -- that we need to -- you know, that we
need to be hearing this at -- at this time. And yet I
understand from the -- the landowner, the petitioner's
standpoint, the -- you know, the time involved in --
in getting back before us if -- if we do have to hear
it, so --
MR. BRUET: But we -- we -- I think we need to
keep in mind that there are other avenues that
opposition can use to challenge our decision.
recommend anyhow. I mean, if we were --
CHAIRMAN DAVIS: No, no.
MR. BRUET: Well, I'm sorry. I beg your pardon.
We only
~]~" D(~n0van-court Rep;rting (941) 793-002[
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CHAIRMAN DAVIS: Correct.
to the Board of County --
Which can be appealed
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MR. BRUET: That --
CHAIRMAN DAVIS: -- Commissioners.
MR. BRUET: That's correct. So I don't know what
we're accomplishing by not going through with the
process.
MR. SAUNDERS: That -- that gets us back to the
original comment that I made, that we Just haven't had
time to prepare our full battery of experts that would
be involved in this.
CHAIRMAN DAVIS:
MR. YOVANOVICH:
Uh-huh.
Just the last word, he -- what
bring his experts
for her opinion.
they had more --
he's asking for is more opportunity to apply for a PDI
than you give for rezones for other -- I mean, he'~
asking -- he wants a continuance of time so he can
here. They didn't call Susan Murray
I'm assuming; I don't know. I mean,
they had plenty of time to get ready,
Just as much time as I would have to get ready if I
were on the other side.
CHAIRMAN DAVIS: Ail right.
done hearing from the attorneys.
Ail right. We're
I know attorneys.
Unless I make you go sit down, you'll keep talking.
Well, is -- does someone want to make a moti.
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this?
MR. BRUET:
24
I'll -- I'll start, Mr. Chairman.
make a motion we -- based on my past comments, that we
move forward and hear Petition PDI 98-2, King
Richard's PUD master plan.
MR. WRAGE: I'll second that.
CHAIRMAN DAVIS: Okay. There's -- there's a
motion by Mr. Bruet to move forward seconded by
Mr. #rage.
Now, discussion on that motion.
MR. OATES: Mr. Chairman, I just don't think it's
the right thing to do. ! mean, it seems to me that
the LDC is pretty clear. Maybe it isn't clear as it
should be, but it's pretty clear that -- what it says,
and we got a group of people that have appealed, ~nd I
think that decision should be -- come first. I really
~'~*' 24 ~ trying to understand. I still recommend we move
I
~;/ 2668 Airport Road South, Naples, FL 3411,
5: : :::3 ......... I ,- ........ ~ ....-
MR. BUDD: Mr. Chairman, I'm in agreement with
Mr. Prtddy and Mr. Oates. I think it's -- we
shouldn't hear it at this time.
MR. BRUET: I just sort of hold my position that
there are other avenues for them to use. Should there
be a problem, they can appeal our decision. I Just --
do.
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{Ayes.)
Opposed?
MR. OATES: No.
MR. PRIDDY: Aye.
CHAIRMAN DAVIS:
MR. PRIDDY:
Three.
Three?
Three no's.
first time?
CHAIRMAN DAVIS: I voted yes. So it
Donovan Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 34
Did you vote yes the
CHAIR~.AN DAVIS: Okay.
MR. WRAGE: I have to agree with Ed. They're
obviously begging for more time. The process is
there. If the process is wrong, we need to change
that, but I think the time was there, and the
opportunity was there.
CHAIRMAN DAVIS: So you're advocating that we do
move forward?
MR. WRAGE: Yes.
CHAIRMAN DAVIS: Okay. Any comments, Mr. Pedone?
I guess you and I are kind of at the end here.
MR. PEDONE: Yes. I -- I think that the avenue
for appeal is there. I think we ought to move
forward.
CHAIRMAN DAVIS: Okay. With that, we'll cal~ the
question. All~ those in favor of the motion, please
indicate by saying aye.
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MR. PRIDDY:
of the hearing.
HR. BRUET:
CHAIRMAN DAVIS:
26
We're hearing it.'s 4 -- 4-3 in favor
Of moving forward.
Okay. All right.
With that,
now I'll call the item. Petition PDI 98-2, King
Richard's PUD. I'd ask all those present here today
that.may want to speak on this petition to please
stand, raise your right hand so the court reporter may
swear you in.
(All potential witnesses were administered the
oath.)
MR. PRIDDY:
CHAIRMAN DAVIS:
MR. PRIDDY: No.
two people that have to leave here.
leave us a quorum?
Mr. Chairman.
Yes. Disclosure?
But I think we've got at least
Is that going, to
MR. OATES:
MR. BUDD:
the latest.
CHAIRMAR DAVIS:
Anybody with disclosures?
MR. BUDD: And I --
this. Okay?
I have to leave at eleven o'clock.
I got to leave at 10. 10:30, 11 at
Ail right. Well -- okay.
and I voted -- I voted for
CHAIRMA/9 DAVIS: Yeah.
-- anybody with disclosures?
Donovan Court Reporting
2668 Airport Road South, Naples,
I know. Okay.
(941) 793-0021
FL 341
Disclose
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Mr. Chairman, I have discussed
the opposing
this PUD?
R/chard's?
MR. MULHERE:
Rtchard's..
CHAIRMAN DAVIS:
Prin=ess ?ark?
MR. M~LHERE:
Is it Princess Park, or is it King -- King
I'm a little unclear.
The -- the official name.is King
Even though the original PUD is
Yeah. I think that was changed in
a subsequent PUD amendment, but I -- I'm not --
CHAIRMAN DAVIS: Okay. We're -- okay.
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MR. BRUET: Yes.
the issue with counsel for the --
position, Mr. Paul San Filippo.
CHAIRMAR DAVIS: I had discussions with Mr. Pires
and also, of course, received the mailing, as we all
did; a brief discussion with Mr. Joel Miller, a
resident of Walden Oaks; and Mike Landy with the
engineering firm presenting the petition, the agent
for the petition as it -- anybody else?
MR. OATES: All -- I got the packet, of course,
we got. That's all.
CHAIRMAN DAVIS: Yeah. Okay. Well, then, we can
-- we can move forward.
One question that maybe staff'can clear up for me
iD reading what the -- the -- the appeal package, ~f
you will, that was sent to us. What is the name of
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-- it was changed.
MR. MULH£RE:
important to use numbers.
CHAIRMAN DAVIS: Yes.
All right. Thank you.
That's why you got -- it's more
I -- I have to
MR. MULHERE: Names change.
leave, and Ron and Susan will handle the actual
presentation. But I did want to Just let you know,
because I think it may come up, so before I leave I
wanted to let you know that -- that in part the issue
here is -- is -- is based on a language within the PUD
that's common to many PUDs that -- that allows the
planning director to make a determination regarding
certain uses as to whether or not they're comparable
with other uses in the PUD and, therefore, should be
permissible. And, in fact, in -- in -- in many ca~es
that determination can be made, and a property owner
could come forward and submit a site development plan,
and we would never achieve this level of public
hearing allowing the public the opportunity to voice
their opinions and to appeal that decision. It is --
it is a ~ower that is vested in the planning director
for determination and interpretation as to certain
uses that may be comparable that under usual
circumstances is simply a determination that is made
and -- and the -- and the development would ~Ov~.~
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forward through a site development plan process.
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However, I do want to say that in this case when
we look at the specificity of the master plan, while I
feel comfortable with my determination, and you will'
hear testimony from the staff at -- with regards to
that determination as far as
we're talking about, due to
the specific unes that
the specificity of the
master plan, it was our opinion, staff's opinion, that
the master plan amendment was necessary. And that is
why we're here today at a public hearing with the PDI
allowing an opportunity and providing the opportunity
for the public and the property owner to voice their
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opinions. So, you know, which, of course, can be
appealed to the Board of County commissioners. So it
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as to why, you know, we determined that a PDI 'was
required.
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CHAIRMAN DAVIS: Thank you, Mr. Mulhere.
19 Ms. Murray.
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MS. MURRAY: Good morning, Susan Murray, current
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planning. The applicant wishes to revise the PUD
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master plan amend -- PUD master plan in order to add
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some features and attractions and reconfigure some
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existing attractions within the scope of the
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originally approved PUD. Specifically, thol
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expand the swimming pool use to include a lazy river
and a water slide, to indicate the location of two
children's rides, to add noise buffers, and to
separate the go-cart track in order to create a -- a
Junior go-cart track and a main go-cart track.
I'm sure you're familiar with. the site of this
located on the east side of*Airporr-Pulling Road.
Surrounding the properties to the north is the Lone
Oak PUD. That is a mixed-use planned-unit development
existing of some commercial uses, single-family, and
multifamily residential. And I'd stopped here for
Just a second to point out that along the entire
northern boundary of the subject site within the Lone
Oak PUD are the commercial uses, the main point of
ingress and egress to the PUD, and the recreation~l
facilities that serve the residential land uses are
all loclted along that northern border of this planned
-- of the subject property.
To the south we have an existing golf
course/driving range, and that is zoned CF or
community facilities. To the east, again, it's the
Lone Oak PUD, and the specific land use is multifamily
residential, and that is concentrated all along the
eastern boundary of the subject site. And to the west
we have Airport-Pulling Road. The site is p
Donovan Court Reporting (941) 793-002]
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developed.
And I'll just walk you through a little bit
trying to use this video visualizer here, if you'll
kind of bear with me. Traveling east to west, the
site is accesse~ from Airport-Pulling Road, and then
you come into the parking area. Traveling further to
the west, the -- there's an existing castle building.
And right now I'm just focusing on the northern side
of the park. We have the miniature goIf beyond the
castle building; and then there is an existing bumper
boat pond further to the west -- or I'm sorry, to the
east; an existing maintenance building; and then the
batting cages. And the batting cages pretty much
serve the eastern boundary of where all the
attractions are located on the northern side. Further
tO the south we have a concentration of kiddie rides,
a kiddie merry-go-round and a kiddie railroad. And
then if we head back, again, from the west, traveling
west to east, along the southern boundary you have the
existing go-cart track. And that, actually, follows
the southern boundary heading, again, towards the east
and then veers up towards the north. And then along
the eastern boundary from north to south you'have an
existing lake.
Surrounding the site on the north and las
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there is a very significant landscape buffer~ consists
-- it's opaque. It consists of trees and shrubs,
undulating berms. And, again, the lake also serves as
a buffer between the subject site and the properties
to the east.
Basically, what they're proposing to do -- and
I'll go back to this picture -- where there is an
existing water feature (indicating), which would be
right here between the front of the castle building
and the parking lot, they are proposing to add a water
slide and lazy river. Then as you go beyond -- behind
the castle building, between the castle building and
the batting cages, they're proposing to add two
children's rides, the kiddie flying dragon and the
pirate's swing. And you did receive pictures of those
in your packet. And that would be, again, between the
batting cages and the existing castle building on the
northern boundary of the property.
The existing go-cart track is proposed to be
split. The eastern section of that would be split out
to create a -- what's -- the applicant told me is a
Junior g~.-cart track, which would essentially involve
using -- a ride for smaller children using smaller
cars and smaller engines, I guess.
Between the main go-cart track and t~e Jc
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go-cart track they are propcsing to locate a noise
landscape buffer, which you did receive details of in
your packet. And then on the eastern boundary of the
Junior go-cart track, they would also add an
additional landscape buffer.
Land Development Code sets forth the nine
criteria by which an insubstantial amendment to the
PUD master plan is to be reviewed. I'm not going to
go over each one of those one by one. I Just wanted
to focus on the main one that I thought would be at
issue, and that is, will the proposed change bring
about a relationship to an abutting land use that
would, be incompatible with adjacent land uses. And
staff's analysis revealed no for ~he following
reasons: Basically, what they're asking to do is~. is
two additions. First is the water slide, which,
again, would be located adjacent to the parking lot on
site and in front of the castle building on the
northern boundary of the site. The adjacent land use
to the north is also commercial in nature. It's the
Walden Oaks Professional Center there. And -- and,
again, the commercial recreational land uses for the
Lone Oak PUD is -- is also along that northern
boundary. So staff felt that, basically, what you're
doing i~ creating, along with the kiddie
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the northern boundary, kind of an.in-fill type of
development between existing attractions and features
on the site and that given the nature -- the
commercial nature of the land use to the north, that
that would not be considered incompatible.
The remaining changes really aren't -- aren't any
additional. They're merely modifying the existing
approved uses which would only serve to reduce the
impacts of these uses and that is mainly splitting out
that portion of the go-cart track closest to the
eastern boundary of tk.e site and reducing the size of
the cars and adding noise buffers. So we deemed that
to be not incompatible.
The remaining analysis indicates that approval of
the amendment to the King Richard's PUD master plan
would be consistent with a finding that the criteria
support a conclusion that the amendment is
insubstantial, and we're recommending approval.
CHAIRMAN DAVIS: Questions of Ms. Murray?
MR. WRAGE: Just one. The original PUD was in
1984; is that correct?
MS. MURRAY: The original Princess Park PUD was
adopted on April 24th, 1984.
MR. WRAGE: Thank you.
MR. BRUET: Susan, back in '84 did the
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PUD require buffers similar to what the LDC has today?
MS. MURRAY: That's a good question, Mr. Bruet.
Probably not, but I -- I really couldn't answer that
for you.
CHAIRMAN DAVIS: In -- in reading through the '84
PUD, it doesn't appear that it did.
MR. BRUET: There was no requirement for them to
do anything near what we do today in the line of
buffer?
CHAIRMAN DAVIS: That's true.
MR. BRUET: Okay. Thank you.
CHAIRMAN DAVIS: Ms. Murray, I had marked three
of the criteria that I wanted you to help me with.
MS. MURRAY: SUre.
CHAIRMAN DAVIS:
three.
MS. MURRAY:
And you did choose one of the
All right.
CHAIRMAN DAVIS: I'd also -- B, B as in boy --
MS. MURRAY: Okay.
CHAIRMAN DAVIS: -- and D as in David, if you
could go through your rationale --
MS. MURRAY: Okay.
CHAIRMAN DAVIS: -- on those two.
24~ NS. MURRAY: B states, is there a propo~__~~__~L_
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institutional, commercial, and industrial 1
Donovan Court Reporting (941) 793-002
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intensity of land use or height of buildings within
the development. Dwelling units, obviously, wouldn't
be applicable.
Intensity of land use, basically what wetre
looking at -- what I was looking at there was that the
-- we weren't really changing the use per se. Re were
merely adding attractions or substituting out or
making some changes to the existing uses. I think
basically that type of land use, it's almost a given
that things are going to change. They're going to
add, subtract, as timas go on, as features become
popular, not popular --
CHAIRMAN DAVIS: Uh-huh.
MS. MURRAY: -- that sort of thing. It's almost
just the nature of the -- of the business. So, no, we
didn't feel like we were doing -- they were doing any
significant change to the actual approved land use
itself that would increase the intensity. That was
the rationale there. .
CHAIRMAN DAVIS: Okay.
MS. MURRAY: You said D?
CHAIRMAN DAVIS: D as in David, yes.
MS. MURRAY: Is there a proposed increase in the
size of areas used for nonresidential uses to include
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Obviously, no residential land uses on site. My
interpretation of that was that the size of areas used
would include adding additional land area.
CHAIRMAN DAVIS= Uh-huh.
MS. ]~URRAY.: And that was, obviously, no because
they're not changing the boundaries of the PUD.
CHAIRMAR DAVIS: Well, yeah. I only --
MS. MURRAY: I mean --
CHAIRM~ DAVIS: I also read that to mean that
they might be using the land they have in a different
way or in a new way that may be -- you know, there's
-- Just -- and I don't know if this applies here.
There's lots of open space and more space that's
actually being used for something, like a ride or
something. ~
MS. MURRAY: Well, I think you kind of have to
look at the fact that the entire planned unit
development is basically com~ercial-recreational type
of land use.
CHAIRM~ DAVIS: Uh-huh.
MS. HURRAY: And I think that's the perspective
that staff took, that you basically aren't adding
additional commercial uses to a use that's already
pretty much approved --
CHAIRMA/~ DAVIS: Uh-huh.
Donovan Court Reporting
2668 Airport Road South, Naples, FL
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MS. MURRAY: -- as that type .of use. But the
entire site functions as a recreational open space
type of use, so staff felt there was no diminution of
those -- those areas.
CRAIRM~ DAVIS: Yeah. Maybe -- maybe what I'm
talking about relates rote to intensity than it does
Item. D.
Mr. Priddy.
M~. PRIDDY: That brings up a question then. If
-- if this were being brought in as a brand new
project today, what would the criteria for -- I mean,
could they bring this same scenario in today and --
and get it approved, or --
MS. MURRAY: I'm trying to follow your logic,
I think the point is, is, yes,
because I --
CHAIRMAN DAVIS:
Not -- not at location, no.
probably someplace in the county.
MR. PRIDDY: Yeah.
But --
CHAIF, Fu%N DAVIS: Yeah.
M:~. MURRAY:
MR. PRIDDY:
boundaries -- what they can put in the box --
Oh. Oh, no doubt. No. This is --
What they can put with -- inside the
AUG 0 1998
MS. MURRAY: Exactly.
MR. PRIDDY: -- would be approved somet
Donovan Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 34
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the county.
MS. MURRAY:
MR. PRIDDY:
MS. MURRAY: Yes.
CHAIRMAN DAVIS:
Mr. Bruet.
MR. BRUET:
Exactly.
Okay.
Uh-huh. Okay.
Just a couple more, very basic.
Did you discuss with the petitioner the heights
of any of these rides? I -- I think the PUD talks
about 30 feet. Are we, like, at 28 feet, 29 feet
or --
MS. MURRAY:
I would actually probably
reserve
39
Donovan Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 34
AUG 0 A 1998
0014
big help to us.
delivered to us.
that for the petitioner's representative --
MR. BRUET: Okay.
MS. MURRAY: -- to answer. But we did discus~ a
little about the kiddie flying dragon, and I was told
that that was at its maximum, 12 to 15 feet, but
petitioner may want to clarify that.
MR. BRUET: Okay. Well -- .
MS. MURRAY: The PUD document does restrict the
maximum height of all structures to 30 feet.
CHAIRMAN DAVIS: And Just a comment. On one like
this, a copy of the PUD, I think, would have been a
It was in the package that the -- was
I MS. MURRAY: Okay.
2 CHAIRMAN DAVIS: And that helped me last night to
~'~"':"~' kind of go through and familiarize myself,__
[~*.~'~ 4 particularly one this old, because we all we all
/~'~'~' '~ ~ 5 know that one of the old ones has some pretty funny
~?~i,.. 6 things in them sometimes.
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believe --
CHAIRMAN DAVIS: Yeah.
MS. MURRAY: -- of the document, if that's --
CHAIRMAN DAVIS: I think we all --
MS. MURRAY: -- if you want one to pass around
right now. I just have one copy.
CHAIRMAN DAVIS: Yeah.
MS. MURRAY: But I'd be happy to --
CHAIRMAN DAVIS:
me how this works.
the PUD from 1984 or whenever it was --
And -- and to that point, tell
There's permitted uses shown in
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CHAIRMAN DAVIS: --
that are pretty
specific.
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M~. MURRAY: Correct.
CHAIRMAN DAVIS: And I guess the Item 12 on
page 10, it says, any -- any other similar or
compatible recreational use approved by the zoning
director. So if the first 11 uses kind of s~It up =ne
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flavor of what's goinq on
gives the zoninq director the --
decide what is, in fact, similar
might not be?
MS. MURRAY: That's correct.
at this .facility, Item
the latitude to
and okay and what
41
12
And that's what
Mr. Mulhere alluded to when he was.-- before I got up
and spoke, was that he does have that authority. That
is very common. And you are correct; it does kind of
set up the flavor as to the type of uses that are --
C}L%IRMAN DAVIS: Uh-huh.
MS. MURRAY: -- permissible.
These -- pardon me. The additional uses were
told by me -- or told to me by the applicant that they
were more directed towards children, kiddie rides.
And being that there was quite a few kiddie rides.on
the site already and being that the site is generally
directed towards children, I -- I believe that was one
of the rationales he used for finding this compatible.
(Mr. Budd exited the room.)
CHAIRMAN DAVIS: Ail right.
Any additional
· ' 21 question,s of staff?
9.2 Ail right. We provida the opportunity for the
~ 23 petitioner's representative to make a presentation.
24 MR. YOVANOVICH. If I may, Mike Landy is going to
i.%" f the proje.ct. He,s'i ---~ ~
~-'% .' -: ' .ecifics .o
· ,:; ~. 25 get into ,,the
~[,, - Do&oran court Reportin'g (941) 793-002]! AUG 0
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engineer. I would Just like to reserve my time to the
end and Just kind of summarize at the -- at the end,
if that's all right.
CHAI~tAN DAVIS: That's fine. Sure. We invite
Hr. Landy up, then.
MR. LANDY: For the record, Hike Landy with
Butler Engineering repre~enting the petitioner, Bic's
Investment Corporation, represented by Debbie and Bob
Bickle.
They're the property owners. If you can believe
it, they live within the limits of that castle you see
on the property. They renovated it. Prior to buying
the property about 15 months ago, they had leased it,
and they were -- they've been running it for the last
couple of years. .-
I'd like to thank staff for working with us to
develop a petition that they felt they could support
.here. It's been a tough little job, considering the
scope of what we're proposing. We had some
discussions as -- as much as 18 months ago about how
we would be able to amend this PUD to -- to add some
additional attractions. And we had some grand ideas
about what we thought we could do. You know, we're
talking about expanding the go-cart track, the hours
of operation, adding signage out here. But we ~a~~
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-- a meeting, and we invited some.of the Walden Oaks
folks, you know, to the meeting. And it became
obvious that we were not the most popular game in town
and we needed to scale the thing back to what you see
before you as far as scope. And I would Just like to
reiterate what Susan said about what the scope of this
iS.
Is this --
HR. OATES: There's one on the wall.
CHAIRMAN DAVIS: You probably have to turn it on.
MR. LANDY: Hello. Does that work?
CHAIRMAN DAVIS: Fine.
MR. LANDY: There are -- we're -- we're basically
AUG 0 4,. 1998
proposing three additional things that some people
consider more intensive uses. The kiddie flying
dragon here and the pirate swing. -.
For the most part, I think there's only One of
those uses that's going to be able to fit within that
space. It's only 140 feet by 70 feet. That's less
than 10,000. So there's probably going to be one ride
in that location. But we do not want to try to come
back to you every time we want to add a new ride
within the limits of this PUD. So we're -- we're
naming that as -- as a possible use.
The lazy river, I guess there is, as -- as Susan
alluded to in her -- in her staff report, ~u~/~
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swimming pool is an allowable use .within the PUD.
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And
-- the water slide, I -- I know we had a question on
the height. The top of this thing is probably going
to be, you know, 25, 20 -- to 28 feet. Thatts with,
you know, a platform where kids can stand up and slide
down. If you go out there and look at it right now,
therets -- there's a foature~ it's part of the
miniature golf course that's probably that height
right now. when you're standing over on this side
(indicating) in the Walden Oaks looking this way
(indicating), you can hardly see the top of this
feature. Ail right. And it's going to be the same
height as -- as that water slide.
The rest of what we're proposing here, hopefully,
is going to be a benefit to the adjacent property-.
owners. You know, this -- this area here is 700 feet
from the nearest unit, right. That's -- I mean, all
-- all the uses that we're proposing are this way
(indicating).
I know they have problems with, you know, some of
the thtn~s that are going on o~er here (indicating).
We're trying to alleviate those to the best we can. I
mean, we're adding noise buffers here (indicating),
noise buffers here (indicating). When we -- staff,
when we -- they review'our SDP, I mean, if %ey~,
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we have Co intensify it, we'=e going to be adding
buffers adjacent to any new use here or here
(indicating).
I would -- I don't want to get into
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compatibility
issues. Iem an engineer by trade, not a -- not a
planner, but I -- I reserve that to -- to staff's
Judgment.
Itd like to go over some of the things that
qualify this for -- as being a PDI as opposed to an
amendment. You touched on some of those or had some
questions on it. The boundaryts not changing. The
intensity, really, isn't changing. I think if -- if
the original PUD had allotted, you know, 50 percent of
the site as being for rec facilities and -- or
recreation uues and we were coming in here with a ~.
proposal for -- to make it 80 percent, we're
intensifying the use. I -- I don't think.that~s the
case.
We're not dec~easing the preservation of any type
of -- of any type of native vegetation. The existing
area where we're proposing the use is -- is vacant
right now. There's -- there's no trees on it at all.
The -- I mean, that area has always been earmarked for
some type of recreational use, and it was -- it was
Just impossible to guess 15 years ago when .he ~.~
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around, you know, what those uses .would be.
Traffic's not going to intensity. I mean, we'll
be honest. Hopefully, more people will come to the
park, but the original PUD assumed that there would be
a certain amount of trip generation on the site. And,
you know, traffic is not a real issue at -- at this
park. It's, for the most part people going in and out
of there are goihg in at off-peak hours. And I make a
U-turn at that entrance every day trying to get into
Trade Center Way. I thank God there's not a hundred
homeowners trying to get across Airport Road doing the
same thing.
I would just -- I'd just like to close up and say
I hope you support the petition and -- Oh, I'm sorry.
My -- I was just trying to -- excuse me. One of t~e
things I'd like to point out -- and Susan mentioned
it. I -- I -- I was -- went over it a little bit too
quickly here.
There is an existing buffer all the way across
here (indicating) and all the way across here
(indicating). The buffer in -- in this location
consists of trees that are mature and have to be 60
feet high, and there is an existing hedge that's
probably 8 to 10 feet high. It's -- the trees are on
both sides of the.fence, and the hedge is on
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the Walden Oaks side. Over here (.indicating) this
area is bermed. The road's kind of low and, you know,
there's -- there is -- there's a good-sized berm.
When you're standing on this road looking this way
(indicating), .it is difficult to see. You know, you
can't see the bumper boats. You can't see the
maintenance building. You can see the tops of the
batting cages. All right? This -- this proposed ride
right here (indicating), the kiddie flying dragon, the
-- the cart on it, Susan was correct. The track is 12
feet high. You won't be able to see it from the other
side.
We just ask your support on -- on the petition,
and -- well, I'll be happy to answer any questions you
have.
CHAIRMAN DAVIS: Mr. Priddy.
MR. PRIDDY: I have one question for you. You
mentioned you met with some of the residents in the
area. Was, in your opinion, their objection to what
was being added, or was their objection to you being
there to begin with?
MR. LANDY: No. We got the impression that they
were just unhappy with us being there at all, and
short of, you know, leaving the site and asking -- you
know, and changing this into a multifamily
Donovan Court Reporting (941) 793-002] AUG
2668 Airport Road South, Naples,
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project..,
make them happy.
tried to appease.
don't think there was any way to really
But we scaled back the project and
We don't want to be bad neighbors.
MR. PRIDDY: Thank you.
CHAIRMAN DAVIS: Mr. Bruet.
MR. BRUET: Michael, are any of these rides going
to -- what -- what type of noise are they going to
generate? I can hear some, you know, vehicles going
around a track, clickety clack, clickety clack, music
I got height issues in here. The buffers to
playing..
the north side seem to be a bit lacking. I've got a
lot of concerns about the proposal. You also had
mentioned the intensity of use of the land. Well, I
would assume the -- the rides are .being added to
increase business, which to me is intensity. I'm.n°t
sure it's accurate saying it isn't a more intensive
use.
MR. LANDY: I -- I think when -- when we talked
about intensity of use, if -- you know, if .a new
project comes in at, .you know, Pelican Marsh, I mean,
the intensity of the overall development increases.
But I think the -- the areas that are vacant on --
within the limits of the PUD right now, especially
where"we're proposing these new children's rides, were
ear,arked for some type of recreational use A~~/ I t
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know, I -- staff has determined and I -- I agree with
them, that it is comparable and compatible with types
of uses that are out there.
If you really want to get into specifications on
the track, I -- I could drag Bob up here. I know he
doesn't want to come, but the -- the wheels on the --
it's -- I -- I -- I envision the same thing, clickety
clack,, click -- clickety clack. We're not trying to
create Disney World or Six Flags Atlantis (sic) out
here. This is -- this is for really small children.
The wheels on the track are -- are neoprene. They're
rubber. I mean, it's going to be -- it's going to be
like a dull roar similar to what you would hear from
Airport Road. It -- it's not going to be a
traditional roller coaster like you might envisio~.
MR. BRUET: Noise -- is there music played, or
are you adding to whatever that feeling or ambiance
is?
MR. LANDY: No. There -- I mean, in the -- in
the center of -- and I guess -- this is another photo
of something that -- that I received this morning, if
you want to pass this around. I'm sorry.
have given it to you earlier.
That's one -- one of the types of rides.
you can see. It -- it's for -- it's for
Donovan Court Reporting (941) 793-002
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I should
mean,
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And the height restriction of 30 feet is -- is in the
PUD. I mean, we -- we can't -- we're not going to --
I.mean, we can't intensify that height restriction.
There is a little castle that sits in the middle. Z
think you can see that on -- on one of the exhibits;
right? The top of that castle is probably 20 feet in
the air. But, you know, that's a -- that's a passive
use. I mean, there's not going to be any noise or
anything emanating from the castle.
MR. BRUET: I'm a little confused. Where is the
swinging Noah's ark --
MR. L~DY: Like I was saying before, the -- the
area that's really intensely highlighted there that
shows where those two rides are, one of those -- one
of the rides is going to go there, but there's -.
room to fit both of them, to be honest
probably not
with you.
MR. BRUET:
MR. LANDY:
So you're saying one --
It's added as a use. If -- if they
-- if they install the use and determine that it's not
successflil and they want to change it out to the
pirate swing or some other type of use, that's what --
that's what they'd be able to -- like to do without
having to come back and talk to you guys.
MR. BRUET: Oh, I see. Yhey don't plat
Donovan Court Reporting {941) 793-0021
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perhaps, one of
MR. LANDY:
MR. BRUET:
MR. LANDY:
MR. BRUET:
whenever they elect.
MR. LANDY: That's correct.
these three at this time?
One of the three --
You're just looking for --
One of the three --
-- it to be a permitted use and
They want to add it
to the list of permitted uses within the PUD.
MR. BRUET: But yet you -- you're not anxious to
tell them exactly where it goes. I know that's maybe
more of a site plan issue, but I think in this case
it's important that we do know where the various rides
are going to be located within that site.
MR. LANDY: I would say that 'that -- that --
that's the area right there (indicating).
only area they --
MR. YOVANOVICH: (Indicating.)
MR. BRUET:
go there.
MR. LANDY:
That's-the
If they purchase this ride, it will
That's correct.
MR. YOVANOVICH: Either/or.
the swing or the kiddie ride.
MR. BRUET: Or the roller coaster.
MR. YOVANOVICH:
have both.
It will either be
It wouldn't go there.
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MR. BRUET: Okay. Okay.
MR. LANDY: Most of the uses within the park, I
mean, it's not like we can move things around.
They're -- they're fixed.
MR. BRUET: Uh-huh.
MR. LANDY: This -- this ride that you're
at there, it's -- it's not really fixed. It's
something that can be moved on to the site and moved
off the site.
MR. BRUET:
52
looking
remember it
Thank you.
I don't know if she's still involved
with the homeowners. Alice McKnight was there, and
she brought a bunch of her people with her.
CHAIRMA~N DAVIS: Mr. Pedone.
MR. PEDONE: Yeah.
Princess Park was built?
when did it actually --
Do you know exactly when
I know the PUD was '84.
But
MR. LANDY: I looked at some old aerials, and it
seems like construction was starting in -- i
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MR. LANDY: It was 18 months 'ago.
vividly. It was January '97.
MR. WRAGE:
MR. LANDY:
I see.
CHAIRMAN DAVIS: Mr. Wrage.
MR. WP~AGE: Just quickly, approximately when did
you have the meeting with the Walden Oaks folks?
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CHAIRMAN DAVIS:
MR. PRIDDY:
MR. PEDONE:
MS. MURRAY:
MR. OATES:
CHAIRMAN
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Sounds about right.
When, then, was Walden Oaks built?
That's the question.
Walden Oaks was approved 5/23/89.
In '89.
DAVIS: It was subs -- subs --
. MR. PEDONE: In actuality, Princess Park was
there before Walden Oaks was built.
CHAIRMAN DAVIS: That is correct.
Mr. Landy, you know some of the history on this,
so mayke you can help me here. You mentioned about
liv -- living quarters on site?
MR. LANDY: Yes.
CHAIRM~ DAVIS: Has the PUD 'been -- has it been
amended to allow that, because the PUD I have
prohibits it?
MR. LANDY: I'm not aware whether that's --
CHAIRMA/~ DAVIS: Or maybe Ms. Murray can answer
that.
MS. MURRAY: Typically on commercial uses you are
permitted to have a caretaker's residence, and
believe this is what that residential use is.
CHAIRMAN DAVIS: Okay. As is allowed industrial
-- industrial zoning category.
MS. MURRAY: And in commercial.
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Uh-huh.
And are there video --
AUG 0 4 lg98
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CHAIRMAN DAVIS:
there's a video game arcade there now.
MR. LANDY: Yes, there is. I -- it's -- it's
within the limits of the castle.
MS. MURRAY: Within the castle building.
MR. LANDY: And I don't know if you -- you may
not have the latest and greatest PUD.
CHAI~J~N DAVIS: Okay.
MR. LANDY: That was specifically amended in
1990 --
CHAIRMAN DAVIS: Okay.
MR. LANDY: -- to allow video games.
CHAIRMAN DAVIS: Great. That -- that helps me.
Thank you.
Any other questions of the petitioner's
representative?
(No response.)
CHAIRMAN DAVIS: All right. Thank you.
I think Mr. Yovanovich wanted to addzess us at
the end as a -- as a w£apup, so we'll move on now.
Pl~ase come on up, Mr. Saunders. We're -- what
we're here about today -- and I'll say this to
everyone that's here -- is about the petition before
us and particularly what it's about. I can appreciate
that there may be some feelings that Princ(
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-- or whatever it's -- it's called today shouldn't be
there and all those sorts of things, and that's not
what we're here to hear about today. And part of --
part of the new methods of operation we talked about
this morning is that a group of residents be
represented by the -- one of their board members or
their president or whatever the case may be, so we'll
certainly ask you to do it in that manner. And with
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that, we'll recognize Mr. Saunders.
M~. SAUNDERS: Thank you, Mr. Chairman. We're
going to try to do this as quickly as possible, so I'm
going to ask Mr. San Filippo to come on up. He's
going to be -- he is sworn as a witness because --
CHAIRMAN DAVIS: Uh-huh.
MR. SAUNDERS: -- he lives in that area, and~
think we can make things move a little more qukckly
that way. Also, I think we have some questions for --
for Susan Murray. So with -- with that, I'll ask --
MR. SAN FILIPPO: Mr. Chairman, Commissioners, my
name's Paul San Filippo, and I'm an attorney in town.
I also iive in the Walden Oaks subdivision at
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Le:.:ington at Lone Oak, which is a single-family
subdivision located a little further to the north of
the Princess Park subdivision. I'd like, if I could,
Just to take a little time, because I have .me
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 3
AUG 0
aerials, and we have some -- some.exhibits that we'd
like the board to see.
Princess Park was initially platted in 1984.
ordinance you-all should have a copy of; it was
included in the packet. Very specific as to the
that were provided for this particular property.
Those uses included miniature golf course; mini car
track; bumper boat pond; batting cage; arrow ball
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uses
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aerials, and we have some -- some.exhibits that wetd
like the board to see.
Princess Park was initially platted in 1984. The
ordinance you-all should have a copy of~ it was '
included in the packet. Very specific as to the uses
that were Provided for this particular property.
Those uses included miniature golf course~ mini car
track~ bumper boat pond~ batting cagel arrow ball
court~ kiddie car track; remote control boats on pond~
swimming 9ool; outdoor roller skating track~ boat
rental facilities, which i understand in the ordinance
was a paddle-boat-type rental facilities~ and any
other similarly and compatible recreational use
approved by the zoning director.
That was the initial '84 ordinance, and that~was
based upon the site plan that appears right here
{indicating). This plan also provided for a larger
lake to go in (indicating) with the roller skating
track around the outside, and the lake would
presumably be used for renting paddle boats and using
remote boats. These -- these activities are very
static in nature, and they were specifically provided
for in i984.
The racecar track, interestingly enough, was
provided to the furthest westernmost -- most
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closest to Airport Road with adjacent parking on the
northern side of the racetrack and on the eastern
side. The batting cages were located further towards
Airport Road and away from the proposed Walden Oaks
subdivision. There was also -- I'm not quite sure
what this is, but I wou~.d imagine it's the bumper boat
pond.
Now, this project was not built until sometime in
And
AUG 0 1998
OOOlGO
1990. We have aerial photographs that .show this.
when it was built -- and I'll -- I'll get to the
aerials in just a minute. When it was built, -it was
not built like it was initial -- like the initial site
plan provided. The site plan was altered. And this
track, the parking was moved towards Airport Road.
'The lake was altered in its size and -- and dimension.
And these attractions, in61uding the batting cages and
bumper boat pond, were moved south. And that was
significant. And that was significant because the
people of Walden Oaks have a pool which is on a -- a
beautiful lake, and it's landscaped. And it's right
here (indicating). And when this subdivision,
Prlnces~ Park, was built, it pushed, contrary to the
initial site plan, these activities (indicating)
further towards the residents who resided here and it
interfered with the recreational activities.
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And this is not a complete picture either.
is also a walking path that goes around the lake,
58
There
clubhouse. These are tennis courts here (tndicattnq),
and this is parking (indicating). This is all green
space in here (indicating). Walden Oaks has a berl~
here (indicating). So in 1993 Princess Park was not
built as it was spec'd out in 1984. And, in fact, it
wasn't even built until 1990.
This is a 1989 aerial photograph of the area.
You can see Princess Park. It's undeveloped.
no castle.
lake is dug.
castle. It
aerial.
approval.
development along the easternmost -- most portion of
the property. You can see the pool has already been
built out, the lake with the track, the -- the Jogging
path, the recreation center, tennis courts, and
parking, also homes in what is now known as the
Barrington Homeowners Association. Lexing -- or the
Walden Oaks association was built prior to Princess
Park.
There's
There -- there's nothing on the -- the
It looks like it's filled. There's no
has not been built. This is a 1989
This is after Walden Oaks had received its
And here is the Huntington Condominium..
an amendment to the PUD that provided not on] }- ~~
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 34112 AUG 0 41998
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Park applied for
In 1990 the owners of Princess
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video games to be enclosed inside, but also
interestingly, in reviewing the 1990 amendment, it
contemplated sewer hooked up with Lone Oak, which is
further support that Princess Park was built after the
Walden Oaks subdivision. That's in your 1990
ordinance, which is included within your packet, which
as an alternative when they built the Princess Park,
they were given an opportunity to hook up to the
Walden Oaks sewer system, which at that time was not
on the county system. They had -- there were
discussions that went on between Walden Oaks and --
and -- and Princess Park.
That brings us up past 1990 to 1993. A/Id this
exhibit is -- shows a change that 'occurred in 1993,
and no public hearing was held on that change.
Presumably the change was determined to be minor, but
what it had the effect of doing was extending the
racec~r track, which was the initial -- initial plan
from -- from here (indicating) further to the east
towards the members of the Huntington association and
towards the pool. That was permitted after it was
built, and the residents at Huntington woke up one day
and -*- and heard loud noises and said, what is that?
That's not the way it was supposed to be built. And
we had--- the permit document was--was
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the fact in 1993.
Let's go to the present day and what is proposed.
CHAIRMAN DAVIS: Mr. San Filippo, excuse me, but
are we going to get tied into the criteria? You can*
appreciate as an attorney better than anyone that we
are bound by the criteria.
MR. SAN FILIPP0: I -- absolutely. And I'm going
to address.the criteria right now.
CHAIRMAN DAVIS: Okay.
MR. SAN FILIPPO: But I wanted to get some
history because there were some questions asked about
who came first --
CHAIRMA~T DAVIS: Uh-huh.
MR. SAN FILIPPO: -- who was'built first, and I
wanted to address that and also get a little bit cufa
historical perspective as to what was originally
intended for Princess Park and where we have come
today.
And today what they are proposing is ~ot two
attractions, but there's a water slide inside the lazy
river. Now, Ms. Murray has indicated that there's a
swimming pool that will be -- there will be an
expanded swimming pool use, but there is no swimming
pool on the property of Princess Park existing today.
There is no -- there is no plats that show a ~
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use in this area at all. There is a bumper boat pond
here (indicating). So the notice and the application
talk about an -- expanding a swimming pool use to
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include a water slide. Well, that's an
intensification of the use. And what they're doing is
they are taking a static use, such as a miniature golf
course, and they're turning it into a mechanical use,
such as a water slide, which will also be 28 feet
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high. The lazy river does not exist today. I really
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is, and it hasn't truly been ~xplained.
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With regard to thu kiddie flying dragon and the
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pirate swing, the kiddie flying dragon is a roller
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coaster. Now, in the notice it ' it said that it was
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a kiddie flying dragon.
it's a roller coaster.
In the application it sa~s
The photos show it's a roller
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coaster, and it's approximately between 100 and 150
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feet long 12 to 15 feet high, will create noise, and
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it's also the change of a static use, which is right
now barren land, to -- it's a -- it's a grassy area to
another mechanical use, which is directly an
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unobstru¢~ted view from the pool and recreation area of
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Walden Oaks to this .attraction (indicating).
It also creates a lot of noise. And I can {ell
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you; I live there at present. There is a lot of nois
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that is generated from the batting cages and bumper
boats. If an additional mechahical ride, even one is
put in there, it's going to, again, impact the people
who want to enjoy the pool and recreation and one of.
the reasons why they purchased their properties in
Walden Oaks.
There's a kiddie merry-go-round in here. We --
we have some photos that we'd like to submit. I don't
notice any approval for a kiddie merry-go-round. It's
not one of the listed uses. It just appeared on -- on
this -- on this map. There's also a rodeo ride that
is next to the kiddie merry-go-rouDd, which I don't
know where that came from, and -- and it's not a use
that -- that's permitted either.
Staff has indicated that these uses are similar
and comparable uses. But on behalf of walden Oaks and
on behalf of myself as a homeowner, We submit to -- to
the -- to the planning commission that these are not
similar uses. A swimming pool is not the same as a
water slide. A swimming pool is a -- a permitted use
under the -- under the plan, but it's not a water
slide.
A water slide, we have heard no numbers on what
type of people will be attracted, what the capacity
will be, what the height will be, what the c¢io~
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be. We've seen' no specifications.whether there wtll
be lighting, whether there will be audio. None of
that has been provided. That -- that needs to be
addressed to determine whether or not this is an
intensification of the use. It's also mechanical as
opposed to static uses. And if you look at the
specific uses, not only 1984, but in 1990, a lot of
those uses are -- are very innocuous, if you will;
remote control boats, roller skating, a lot of static
uses, miniature golf, things of that nature.
The kiddie flying dragon and -- and the roller
coaster and the pirate swing just aren't permitted
uses under the -- under the ordinance, and they're not
They're
no ~..
is going
similar to the other uses on this 'property.
larger. They're noisier. We've heard no --
testimony regarding what kind of noise this
to generate, not only for the residents who want to
enjoy the pool, but also for the residents of -- of
the Huntington association and nearby Barrington
associations.
Last item is the installation of a third
racetrack. The original plan allows for two
racetracks. This is a third racetrack. It is
dizected at an age group that is different than the
other two tracks. You'll have a kiddie tra(:k, ~
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Junior track, and a senior track. And it -- it
wouldn't make sense that these attractions would be
placed on this property not to intensify the use. I
mean, the design is, get more people to come to the
park. Make more revenue. That -- that is the -- the
design. Wetve heard no testimony regarding any
alleged parking alterations, although they were listed
as a reconfiguration in the application for the
permit.
And the -- but no alterations have been made.
You can see from 1993 the only alteration is change in
handicapped. So the impact on the parking and traffic
has not seriously been addressed. In the staff r~port
it indicates that the 1984 traffic impact statement
should have accounted for these changes in the -- in
the use of the -- of the -- of the property. .And if
the nineteen -- and on behalf of the association, if
the 1984 ordinance and impact statement upon which it
was based was accounting for the changes in traffic,
they should have also accounted for the changes in
use. $~3~d if they were -- there were going to be
permitted uses outside the very specific and narrow
list, they should have been included back in 1984 as
well, and they should not be before the planning
co~ission in 1998.
Donovan Court Reporting (941) 793-002:
2668 Airport Road South, Naples, FL
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We attempted to obtain a copy of the traffic
impact statement from 1984 which was -- was not
available. And there has been no statement as to what
the impact will be on parking. I'd like to make some
clarifications as well. The northern parking spaces
on the Princess Park do not exist, and these parking
spaces in the gravel -- if they're listed in the '93
plat as extra gravel parking, those do not exist.
That's a grassy area.
With regard to berms, there are no berms at
Princess Park. I've been to the property. I've
photographed. There are no berms along the northern
wall of the property. Those berms are located on
Walden Oaks' side of the property.* And this property
(indicating) is actually raised so that it'S -- l~s
-- it's basically at eye level. In other words, the
properties aren't -- aren't level, and then there's a
berm, and you look over and back down. The Princess
Park is actually a bit higher than the Walden Oaks
property; then it's bermed down like that (indicating}
for water retention at the Walden Oaks pond. There
are no berms across the back. There is a hedge;
that's a Walden Oaks hedge in the back. There is no
berm inside the fence, even though there's room. A/Id
there's absolutely no berms or buffers along~
Dono~a~%ourt Reporting (941) 793_0024~ ~---~'lall~. ~ ,ooo
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driving range.
The reason why I brought up parking was, if these
attractions; the water slide, the swing, the'new
go-cart track, are going to draw more people and --
and these people park, where are they going to park
once the lot fills up? Are they going to park in the
Walden Oaks Professional Center which is adjacent or
the proposed adjacent professional center? These
issues haven't been addressed, as well 'as what the
noise levels are ~oing to be, what the lighting and
the other things have -- and we think that they should
be addressed.
A~nd what we're asking for here is a determination
that this is -- this is a substantial -- this is a
~ubstantial change. You're adding to -- well, fo=. the
sake of what -- what Mr. Landy said, one attraction.
That's three. There's a merry-go-round that hasn't
been accounted for in the -- in the planning in four
of about ten attractions. You're increasing the
number of attractions by 40 percent.
I think that -- and common sense dictates that I
think you're going to intensify the use, and that's
substantial. Just by the -- by the number of people
you're going to have increased noise, by the number of
new. ..--.....new people coming into .the park..
Donovan Court Reporting (941) 793-002~
2668 Airport Road South, Naples, FL
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So I'd like to ask that this.board determine that
they're in substantial -- determine that they are
substantial. If they are insubs -- determine to be
insubstantial, deny the petition.
turn it over to Mr. Saunders.
MR. SAUNDERS:
we'd like to call.
Miss Ellison would come forward.
Miss Ellison.
MR. SAN FILIPPO:
And I'd like to
Mr. Chairman, we have one expert
That's Patty Ellison. If
Come on up,
The respondents have called
Patty Ellison, who is a real estate agent who worked
for the original developer. And we've asked her to
testify here as -- as an expert on the issue of land
values in the Walden Oaks area.
CHAIRMAN DAVIS:
criteria; correct?
MR. SAUNDERS:
As it relates directly to the
Yes, Mr. Chairman. First of all,
we need to have her accepted as an expert in the
Walden Oaks area, the property values of that area.
I'd like to ask her Just a couple really -- really
quick questions.
If you would state for the record your name and
your occupation.
MS. ELLISON: My name is Pat Ellison.
licensed realtor in the State of Florida.
Donovan Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 34
I'm a
19
associated with Walden Oaks since.the developer
the land, and I have currently a real estate office
located in the professional office center called Love
Naples Rentals and Sales.
MR. SAUNDERS: Is it true that you have
specialized in the residential real estate market in
that area?
MS. ELLISON:
MR. SAUNDERS:
how many years?
MS. ELLISON:
MR. SAUNDERS:
Yes, sir.
And that's
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bought
the valuation of properties
values --
CHAIRMAN DAVIS:
MR. SAUNDERS:
developments.
CHAIRMAN DAVIS:
and the impact on
-- based on surrounding
The first part -- and I'm
speaking for myself here -- I can buy into,
Oo~'~an court Reporting '(941) 79a-0021
2668 Airport Road South, Naples, FL 341',
those
Twelve years.
And you're familiar with the
market values as well as the potential impacts of
surrounding development on those values?
MS. ELLISON:
MR. '$AUNDERS:
recognized as an expert in the real estate market,
especially as it relates to that area, as well as to
Yes, sir. From day one. ..
Mr. Chairman, I'd like to have her
been for app~oximately
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valuation of properties, I think we -- we really need
a certified appraiser as -- as has been our tradition
at these hearings to be an expert witness in that
case.
MR. SAUNDERS: Perhaps I -- I overstated that.
I~m trying to have her qualified as a person who can
relate to the impacts on value, not necessarily the
specific values of properties, but the impact of
values based on surrounding development.
CHAIRMAN DAVIS: Uh-huh. Uh-huh.
MR. SAUND£RS: Whether a surrounding development
will have a negative impact or positive impact on
values.
CHAIRMAN DAVIS: Is there an *objection to this
person being accepted as such? ~.
MR. PRIDDY: Well, I~m not sure of the need for
it because we're not going to change what's there.
~nd -- and it would seem to me that -- I mean, we
can't wipe off what's already there. ~nd it would
seem to me that whatever impact to values in the
surrounding areas is -- is affected by what's there at
present. So -- but --
MR. YOVANOVICH: And, Mr. Chairman, Just to voice
an objection for the property owner, at this point I
don't see any relevance to her testimony to
Donovan Court Reporting
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criteria --
MR. PRIDDY:
MR. YOVANOVICH:
MR. SAUNDERS:
to.
7O
MR. YOVANOVICH:
Just let me finish what
don't either.
-- before you today.
We're saying that's what --
And that's what you're limited
I'm saying. Just for
purposes of the record, you have those criteria., you
consider those criteria, this woman will not add
anything to the evaluation of those criteria, so I
would object to her testimony at this time or her
being qualified as an expert to give any testimony on
those criteria.
MR. OATES: I would concur with Mr. -- Rich.
It's easier that way.
MR. BADAMTCHIAN: That's almost as bad as ..
Chahram.
CHAIRMA~ DAVIS: Mike, you know, there are some
issues in the criteria that impacts -- you know,
they're proposing that, in fact, it is an
intensification, which is an -- obviously, in
opposition to the staff finding. So it would strike
me that -- to hear some brief testimony is -- is not
going to be a problem. I -- but if the rest of you
feel strongly that this person
as an expert witness, as Mr.
Donovan Cour~ RepOrting
2668 Airport Road South,
sh°uldn't be accepted I
Saunders descrtbe~
(9.41) 793-0021 I
Naples, FL 34112109~~19~''
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CFAIRMAN DAVIS: Uh-huh.
MR. SAUNDERS: And based on her experience and
based, on the fact that she was an agent going back to
the very first sales and development of that project,
it's important that we have a resolution as to whether
she's going to be accepted as an expert, at least to
that limited scope. And the relevance of her
testimony will become apparent as she testifies. But
she is a real estate professional, and we would
proffer her as an expert in the real estate market.
I'm going to try to limit this a little bit so that --
proffer -- proffer her as an expert in the real estate
market as it relates to that area of the the county
and the impacts of development on -- on the real
estate market. ~]
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 341: i~
know, the majority rules certainly.
Okay. So apparently we're going to accept this
witness as -- as characterized?
MR. BRUET: Yeah. I'm not s~re I'll accept her'
as an expert witness, but I'll listen to her
testimony.
CHAIRMAN DAVIS: Okay. Her credentials have been
presented, and we'll now listen to her testimony.
MR. SAUNDERS: We are proffering her as an expert
in the real estate market in that area.
2
CHAIRMAN DAVIS:
cestune of credentials to present
with other expert witness?
MR. SAUNDER$: We don't have a
Do you have a -- do you have a
to us as is practiced
written resume,
but she can certainly go through her experience as a
real estate agent in that area, if the -- if the board
deems that appropriate.
}IR. PRIDDY: Mr. Chairman, I'm going to move that
we not accept her as an expert witness --
MR. BRUET: I second that.
MR. PRIDDY: -- with the lack of written
documentation, and I myself am not familiar with --
with her and testimony in the past before, so I'm
going to move that we not accept her as an expert
witness.
CHAIR~iAN DAVIS:
that motion?
All those
(Ayes responded.)
CHAIRMAN DAVIS:
Okay.
Is there discussion on
in favor signify by saying aye.
still invite you to talk to us.
point that we dealt with.
MS. ELLISON: Oh, okay.
CHAIRMAN DAVIS: We don't --
anyChinq. Don't misunderstand that.
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 3411
That carries unanimously. We
That was Just a legal
we don't hate you or
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HR. SAUND£RS: I do want to -- Just for the
record, I do want to object. We've been put tn the
position where we have not been able to, because of
the short time period, bring in experts on property
valuation, and we did bring in an expert on the real
estate market, and you refused to hear her testify
even as an. expert in real estate --
CHAIRMAN DAVIS:
MR. SAUNDERS:
Right.
-- which
and I would object to that.
questions for her.
I think is inappropriate,
But we do have a few
MR. SAN FILIPPO: Patty, can you Just tell the
board who you are and where you've been working for
the last 15 years.
MS. ELLISON: My name is Patty Ell~son. I was
hired by Mr. Buck, the developer of Walden Oaks. A/ad
I was with him from the time of the zoning going
through until presently right now my office is located
at Walden Oaks. So that is my whole little h~b;
that's my whole little world, in and out of Walden
Oaks.
I would like to say when we first developed
Walden Oaks, Princess Park was not there, and we had
built three Barrington condominium buildings. Shall I
point them, or should I Just tell the story?
Donovan Court Reporting (941) 793-002!
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MR. SAN FILIPPO: You can point them out.
CHAIRMAN DAVIS: Very briefly because --
MS. ELLISON: I want to tell you about how
Princess Park affected us. We had built three
Barrington condo buildings, and in one day I had lost
seven sales in one day. And that was frightening to
the developer and to my~elf. And upon doing the
research, we had found that Princess Park was a threat
and being used by other developers that were coming
into the area about what was going to be there. And
as rumors go, it got to be where it was going to be a
Coney Island.
The developer came to the county and asked for a
-- the site plan to -- for us to present to the
prospective buyers that were coming in. This was.in
the sales office and explained to them. When these
people saw that there was really nothing there of
value of noise and so forth, then we started. .And
when the go-carts went in, it was a problem. A/Id we
had to rercute Walden Oaks, that we went away from
Walden Oaks and to the backside of the property in
order ~o make the sales and to make it profitable.
HR. SAN FILIPPO: Let me -- let me help you move
on a little bit.
CHAIRMAN DAVIS: I'm real concerned tha~
Donovan Court Reporting (9.41) 793-0021I
2668 Airport Road South, Naples, FL 3417~I~8
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-- the testimony that we're hearing
to the criteria.
MR. SAN FILIPPO:
CHAIRMAN DAVIS:
MR. SAN FILIPPO:
specific questions.
sales at Walden Oaks,
75
is right straight
Okay.
Okay?
I'm going to ask you a few more
Based on your experience and
do you have an opinion as to
whether the construction of a flying -- the flying
dragon swing or roller coaster and water slide will
affect the property values in the Walden Oaks
association and the six subassociations?
MS. ELLISON: Yes, sir, it will, definitely.
Right now we just have the -- the go-carts and the
loudspeaker and the lights, and that alone has been a
major problem with that area. If anything else is
added, the property values at that -- the mark --
things that are on the market for two years, and
they've dropped $20,000.
MR. YOVANOVICH: Mr. Davis, with all due respect,
she's testifying. She's giving her professional
opiniop as regard to valuation, which
have said she is not qualified to do.
note that for the record.
she wants, but don't
CNAIRMAN DAVIS:
Donovan Court Reporting
2668 Airport Road South,
you specifically
I Just want to
She can talk about whatever
give it any weight as an expert.
And, Mr. Yovanovich,
(941) 793-002:/ .
Naples, FL 341~2AUGO~
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you that those of us sitting up here know the
difference between expert testimony and nonexpert.
MR. SAN FILIPPO: I'd Just like -- I have not
placed it on the record, but as the attorney for the.
#alden Oaks, I'd like to place on the record that we
did he not have sufficient time as well, and ! would
like to just reconfirm what Mr. Saunders said. Azld
that's why the issue about notice that we addressed in
the beginning of the hearing when it was mailed as
opposed to when the actual report went out is very
significant in the fact that we did not know exactly
what type of experts would be needed until the report
was received.
CHAIRMAN DAVIS: We -- we appreciate that. We
know everyone's doing the best they can, and trus~ us
to'-- to understand the differences between t~stimony
and what's germane to the criteria that, once again,
I'll say we are completely bound by and we need to
focus in on.
Mr. Priddy.
MR. PRIDDY: Yes. I just have a question for the
lady. You were there from the -- from the beginning.
Were you aware that some five years before those
buildings were built that there was a -- a planned
unit development next door for an amusement
Donovan Court Reporting (941)
793-0021
2668 Airport Road South, Naples F' ~... AUG 0 4 1998
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MS. ELLISON:
MR. PRIDDY:
MR. PEDONE:
No, sir.
Okay.
I have a question.
If that's the
case, how did you lose sales on Barrington or
Huntington, whatever the condominiums were called at
the time, because of the proposed Princess Park?
MS. ELLISON: They started building Princess Park
after we were -- had the buildings built. But I was
not aware that it was going to be a -- what the land
was used for. It was --
MR. PRIDDY: But -- but it was in 1984 that the
land was designated to be an amusement park.
MS. ELLISON: Yes, sir.
MR. PEDONE: Did you not info'tm people who were
buying, or didn't the developer of Walden Oaks at,hat
time know that there was going to be an amusement park
already approved for that location?
MR. SAN FILIPPO:
answer --
MR. PEDONE:
Ms. Ellison, I think we can
Pedone.
MR. SAN FILIPPO: -- Mr. Pedone's question. Were
you aware that this was the original plan for Princess
Park?
MS. ELLISON:
MR. SAN FILIPPO: Okay. And did you
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 3411
Once it was brought to us, yes.
AUG 0 1998
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the county and go over
nineteen -- that were -- that were
Princess Park back in 19847
MS. ELLISON: I didn't meet with them.
the specific uses back in
planned for
The
developer and the -- the developer did and brought
this to us as a salesperson to present to the people.
MR. SAN FILIPPO: Did the county provide a
colorized version of this particular plan for you to
use in selling the Walden Oaks development?
MS. ELLISON: Yes. We did have that, yes, sir.
MR. SAN FILIPPO: And did they also provide you
with a list of the permitted uses back in 1984 so that
you could tell people who were going to purchase at
Walden Oaks what the scope of the development at
?rincess Park would be?
MS. ELLISON: Yes.
But I'm not quite sure about
the year that -- you know, of the year that --
MR. PEDONE: Yes.
MS. ELLISON: Yes.
MR. PEDONE:
Okay.
But was it written in stone?
CHAIRMAN DAVIS: Excuse me. We won't take any
comments until such time as you can come up to the
podium and speak to us.
MR.. SAN FILIPPO: At this time I'd like
Donovan Court Reporting (9.41) 793-0021
2668 Airport Road South, Naples, FL 341:
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(Unintelligible voice from the audience spoke.)
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that Hiss Ellison be excused unless there are any
further questions.
MR. YOVANOVICH: Can I just ask a couple
questions? I don't want to belabor the point.
CHAIRMAN DAVIS: Well, you certainly have the
right to do so.
MR. YOVANOVICH: .Are you familiar with the county
zoning process and what PUD master plans mean? MS. ELLISON: A little, yes, sir.
MR. YOVANOVICH: Are you familiar that master
plans are usually conceptual in nature?
I'm just asking if she has any knowledge of the
process.
HR. SAN FILIPPO: Let me Just object that this
witness has not been proffered as an expert in matters
of'zoning and planning.
MR. PRIDDY: Mr. Chairman, I would suggest that
since we didn't accept her as an expert witness, that
it's not even appropriate for her to be
cross-examined, if you will, because she's basically
comment from the public and --
MR. SAN FILIPPO: I have no objection to factual
cross-examination based on her testimony, but he's
outside the scope.
testimony at all.
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 3411
It hasn't been raised in her
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Thank you.
At this time we'd like to -- to
MR. YOVANOVICH: I'll take it back. My point
was, she has told people what she has been told about
the PUD. She doesn't know much about the PUD process,
so whatever she told them bears little weight.
CHAIRMA~ DAVIS:
MR. SAN FILIPPO:
call -- to excuse Ms. Ellison and call a few of the
homeowners of Walden Oaks who would like to speak.
The first person I'd like to call is Mr. William
Ellerhorst who is a retired general contractor and a
resident of, I believe, the Barrington Homeowners
Association. He is the president of Walden Oaks,
which is the master association for the six
subassociations.
CHAIRMAN DAVIS:
MR. ELLERHORST:
CHAIRMAN DAVIS:
which criteria are being addressed now.
MR. ELLERHORST: I'm addressing you today,
Mr. Chairman and Commissioners, as the president of
Walden Oaks Homeowners Association. I represent some
206 families. At the present time and in the past,
the noise level has aggravated most all of the six
associations within the Wa].den Oaks. I would hope
that you would give this great consideration
D°novan Court RePorting (941) 793-0021
2668 Airport Road South, Naples, FL 341
And if -- ~
Yes.
And if you could provide us with
AUG 0 4 1998
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they plan on doing.
~e.
Cf~IRMAN DAVIS:
MR. SAN FILIPPO:
81
And I thank you for listening to
Thank you, sir.
I'd like Mr. Ellerhorst also to
speak on the issue of compatibility and intensity and
how it's affected the homeowners of the Walden Oaks
homeowners association and the subassociations of
which he represents.
MR. ELLERHORST:
as --
CHAIRM~N DAVIS:
MR. ELLERHORST:
CHAIRMAN DAVIS:
compatibility.
MR. ELLERHORST:
Well, compatibility, as far
How the new things --
New things --
-- being talked about affect
-- are going to affect us is..
obviously where they're intent on putting that.
you can see, the swimming pool and clubhouse are
As
~djacent to what their intentions are as far as some
of these rides. The noise level that we are now
getting without these ri. des from the batt. ing cages are
quite prevalent at the swimming pool area and at the
clubhouse. The area that has the most impact on
anything coming out of King Richard's is here at the
rear. And I know that several of our people in those
areas are very aggravated to the amount of t]
Donovan Court Reporting (941) 793-0021
2668 Airport Road South, Naples,
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level.
There has been several occasions whereby the city
has come in and gone so far as to run decibel rate --
ratings. They have proven -- I can't really get into'
it because I'm not a professional on decibel ratings.
All I can say is the decibel ratings, the way they did
it here in the county, allowed them to say it was
within the allowable decibels. That's here nor there.
But I know that I -- I received several calls from
time to time from different people in this area
complaining about the noise level, complaining about
speaker level, this kind of thing. Okay?
CHAIRMAN DAVIS:
MR. ELLERHORST:
MR. SAN FILIPPO:
Thank you.
Thank you.
Thank you, Bill.
I'd like to call also Mr. Alan Small, who's a
homeowner at the Huntington association, which is
located right at the easteznmost portion of the King
Richard's development.
MR. SMALL: Mr. Chairman, my name is Alan Small.
I don't know what I can add because I'm not expert
enough to know how to remain specific in what I very
clearly understood the chairman to say that what I can
say and not say as far as the specifics go.
Our concern at Huntington,,which is that gr~
Oono an
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buildings immediately to the west of -- is noise. We
would be the first to ad, it that the visual -- there's
no visual impact. We have a good screen of shrubbery.
We don't see King Richard's once we are inside our
homes.
Noise is the problem. We have owners that prefer
not to sit on their lanai, the ones that face the King
Richard's park, in the evening, in the winter, because
the noise level is Just too high. I think all of the
owners in our -- my subdivision would enjoy spending a
Florida evening out in the quiet. There is no night
when we can do that. We have to listen to the
go-carts. Now, that's a fact, we have told -- we're
talking about the present and the future. The past is
what it is; so be it.
But if these things are added, I cannot Judge how
much additional noise a roller coaster, be it so
small. And if there wasn't going to be some drop, it
would be on a -- it would just be a railroad. So
there's going to be drops. There's going to be
children screaming with pleasure. The water slide, I
don't know how much yelling and screaming --
Justifiable yelling and screaming it will generate.
We can't appreciate this. All that we have seen
in the past is once it's in, we live with the
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and then people tell us, hey, thatts the past.
can't go back. It's a done deal.
behind the loop on this problem.
thing I would like to contribute.
answer any questions if I could.
CHAIRMAN DAVIS:
(No response.)
CHAIRMAN DAVIS:
MR. SAN FILIPPO:
You
So we are always
That is the only
I'll be happy to
Ouestions of Mr. Small?
Thank you very much, Mr. Small.
I'd like to call next Sylvia
Blum who's a homeowner at Huntington, I believe --
MS. BLUM: Yes.
MR. SAN FILIPPO:
did you first
MS. BLUM:
-- und ask -- Ms. Blum, when
move into Huntington?
Two -- two years ago.
MR. SAN FILIPPO: And had you known
Richard's park was planning to add a roller coaster
and water slide and a third go-cart track, would you
have purchased your property?
MS. BLUM: There is no way --
MR. SAN FILIPPO: Can you --
M$~ BLUM: -- that I would have considered it.
MR. SAN FILIPPO: Can you tell us how the King
Richard's park impacts your property at present?
MS. BLUM: At present I can't use the lanai.
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that the King
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so bad that it goes right into the .house with the air
conditioning on. I know that this is existing right
now. When they came around to take the decibel
levels -- I'm not an expert, but they always manage to
come a~ound on an evening that was misty, raining,
where King Richard was not really doing its full
thing.
I have invested a lot of money as a single widow
in this piece of property, and I am scared stiff. It
is Just tolerable now. It's going to be impossible if
they are permitted to continue on and expand this, and
then my investment is going to be worth nothing.
HR. SAN FILIPPO:
CHAIRMAR DAVIS:
MR. SAN FILIPPO:
Thank you very much.
Thank you.
Next I'd like to call
Mr. Pierre Grau (phonetic).
HR. GRAU: Gentlemen.
HR. SAN FILIPPO: Hr. Grau, could you tell the
board how the King Richard's park has impacted you and
what you believe the impact of the new attractions
will be on your property?
MR. GRAU: We moved in approximately a year ago,
and'at that time we moved in we were under the
~ .~ 24 [ impression that that property was bankrupt and that
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our buying the unit that we bought.. Had we known that
they were going to increase it, put more traffic
through there, we wouldn't have bought. There's other
reasons why we moved into the area. We probably moved
-- would have moved to Naples, but we wouldn't have
moved into Walden Oaks.
MR. SAN FILIPPO: ~d had you known that there
was going to be a roller coaster, water slide, and
third go-cart track, would you have purchased
approximately a year ago?
MR. GRAU: No, we wouldn't have. Like the other
lady said, some nights the loudspeakers, as they are
now, it sounds like Stalag 13. It goes on until
10:30, eleven o'clock at night. I 'have a
seven-year-old son. His room faces the area that you
see that's going to be developed. Some nights he
sleeps downstairs because it's just too noisy with the
air conditioner on with the windows closed. As it
stands now, it's too noisy. If you increas~ it, it's
going to get worse, and probably we would move out.
MR. SAN FILI??O: .Thank you very much.
MR. PEDONE: I -- I have a question. You said
you moved in a -- a year ago.
MR. GRAU: Yes, sir.
MR. PEDONE: Did you hear any noise prio
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moving in? Did you do any investigating whatsoever?
MR. GRAU: Yes, sir, we did. At the time we
were under the impression that the business was going
out of business.
MR. PEDONE: But was there noise at the time,
even though it was not going out of bus -- that it had
not gone out of business yet or whatever the
circumstances would have been?
MR. GRAU: When we purchased the unit, it was in
November. And during the winter months, therets less
traffic, there's less noise. We had a renter that was
renting from November to June. We moved in at the
height of the noise.
MR. PEDONE: Did you --
MR. GRAU: Again, had we known that there wa~
going to be that much noise, we wouldn't have moved
in.
MR. PEDONE': When moving next door to an
amusement park, did you think that there would not be
noise or if they were going bankrupt that maybe
someone else would buy the amusement park and keep it
going? ! mean, ! can't understand how anyone can buy
next to an amusement park and then complain about any
noise. It Just doesn't make any sense.
MR. GRAU: If I was under the impression
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was going to go bankrupt because of the noise, because
they were in violation of whate%er ordinance, that's
my decision.
MR. PEDONE.'
MR. GRAU:
MR. PEDONE:
MR. GRAU:
Yes.
It maybe was a poor decision.
Okay.
But if you're going to allow this to
go on and perpetuate and get worse, then'you're part
of the problem.
MR. PEDONE: That's fine.
{Applause from audience.)
MR. PEDONE: But I don't see it as a problem.
MR. SAN FILIPPO:
respect the decorum.
CHAIRMAN DAVIS:
never hurts.
MR. SAN FILIPPO:
final witness --
CHAIRMAN DAVIS:
MR. SAN FILIPP0:
Ladies and gentlemen, please,
Thank you. I"d like to call --
Once in awhile some applause~
I'd like to cail one -- one
Mr. Kenvin? I guess we're -- oh.
MR. KENVlN: Yes.
MR. SAN FILIPP0:
words for us, please?
Okay.
-- and that is Fred Kenvin.
Are you Mr. Kenvin?
Could you come up and say a few
Could you introduce yourself to
the board and tell them who you are and where
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live?
HR. KENVIN: I'm Fred Kenvin. I live at
Huntington directly behind the amusement park area.
MR. SAN FILIPPO:
Mr. Kenvin?
MR. KEb~rIN:
And when did you move in,
moved in in 1990.
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OOOl
(Mr. Bruet exited the room.)
MR. SAN FILIPPO: And how has the King Richard's
amusement park impacted your life at Huntington?
MR. KENVIN: Well, I have the same problem as the
others that have notified that the noise is discerning
at night. The loudspeaker is discerning at night. No
need to try to, of course, to sit out in tranquility
on your patio because you can't do'it.
When I first moved -- just before I got -- bought
there, they were shut down, and'it wasn't operating.
A/Id, of course -- and so they re -- I thought they
were going to go bankrupt. People all said that at
that time. And it did bear fruit on my -- m3
reasoning to go ahead.and -- and buy the townhouse
that I hl.ve.
MR. SAN FILIPPO: Have you attempted to sell your
place?
MR. KENVIN: I -- I have attempted to sell it,
but I've been unable to do so.
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MR..SAN FILIPPO: Why have You been unable to
sell your property?
MR. KENVIN: Well, people don't come back to --
don't come back to -- to look at it, mostly. And
those that do look at it, they don't come back. And I
am presuming, of course, that they're -- they're
looking at the noise level and the park being there.
(Mr. Bruet entered the room.)
MR. SAN FILIPPO: Thank you very much,
Mr. Kenvin.
At this time I'd like to just wrap things up with
a few brief words and turn it over to Mr. Sander --
Mr. Saunders. Walden Oaks and King Richard's -- on
behalf of the people of Walden Oaks, we're not trying
to shut down King Rtchard's. We have no complaint~.
here today about the current noise levels, the' current
product that they have next door. The complaints we
have are with proposed changes. And by looking back
to 1984, you can see that this park isn't as initially
planned, and it's been a slippery slope for the people
of Walden Oaks. It starts with a brief modification
of the parking and the track, and it goes to an
extension of the track, then insertion of a
merry-go-round without any apparent zoning, without
hearing~ without a public hearing on this malter~~,
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I think the reason why you see this turnout
today, this is the first hearing that the people have
-- where the people have had an opportunity to voice
their opinions and to represent themselves before the-
-- the planning commission.
The new uses are mechanical. They will be noisy.
We don't know much about them. That's a fact.
There's no buffers around there.
photographs that attest to that.
We'll submit
That's un --
uncontested. The late modification.
These people have come here today to ask you to
just maintain the status quo. This was a specific
use. It was a PUD. It wasn't zoned commercial. It
was a PUD with very narrow and specific uses. A~d if
the com~ission will look at those uses, for the mo~.t
part they are quiet uses.
There is a large -- Walden Oaks is a large
development today. It spans from the -- the
southernmost point -- point of the driving range all
the way around to the orange groves and all the way up
Orange Blossom Drive then back south. There are
several -- I believe, 330 families living there. This
affects the recreation center that affects all these
people. Sd we're asking that the board just consider
to not allow this to happen and at the very eas~~
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AUG 0 & 19°J)
this a substantial alteration, to look at the
photographs, look at the evidence that's presented.
These are substantial changes to the park, changes to
the -- the specifics in 1984. Thank you. And I'm
going to turn it over to Mr. Saunders.
MR. SAUNDERS: Mr. Chairman, we have several
documents that we want to just put into the record
Just for purposes of the record. One is the -- the
appeal that has been filed which contains many of the
records of this, as well as the photographs of the
rides. In addition, the photographs that Paul has
referred to. And I believe that the -- our request
for a continuance is already a part of the record, so
we won't introduce a new --
MR. SAN FILIPPO: We have some additional ~.
photographs as well of the King Richard's park and
some -- also some population figures that we'd like to
introduce.
MR. YOVANOVICH: I don't know the relevance of
the population figures.
MR. ~A/~ FILIPPO: Well, with regard to traffic
patterns, North Naples, where this is located, is the
fastest growing section of Collier County. I think
it's relevant to the impact on traffic, the
specifications that Mr. Chairman was referri]
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previously.
MR. SAUNDERS: Mr. Chairman, Just real
quickly -- and I certainly appreciate the patience of
the entire board -- there are -- I misplaced the list
of criteria. I guess in some ways whether this is a
substantial deviation or not is sort of like define
what pornography is. There is some definite criteria
here, but there are also some subjective analysis I
think each one of you has to do as you look at those
criteria. And what we're specifically asking you
today is to determine that this is not a minor change,
but that this is a substantial deviation which would
recfuire a more thorough review of the proposed changes
to the PUD.
And as was pointed out, the 1984 ordinance had'
certain specific types of uses that have been
described by Mr. San Filippo as -- as quiet uses. And
now we're moving into the realm of more noisy uses.
We're -- we've got a roller coaster which was never
contemplated originally. And I think we all recognize
how intrusive that can be. We have the swing that is
a very large swing. You'll see photographs of that;
that will certainly be noisy. And then, of course,
you've got the increase in the number of -- of golf
cart -- of go-cart tracks on there.
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A/%d I wanted to take a look at some of the
specific criteria. Criteria No. B talks in terms of,
is there a proposed increase in the total intensity of
land use or height of buildings within the
development? Well, clearly there is an increase in
intensity, even though the staff report says there is
not. And clearly there is an increase in the height.
You have a roller coaster. We have the swimming
facility that's going to be 28 feet high. ! don't see
how you can add things to this development and not say
there's an increase in intensity. That to me doesn't
make any sense.
In Criteria No. D it -- or, yeah, D, it says, is
there a proposed increase in the size of areas used
for nonresidential uses, etc.? The staff report o.ays
that -- says no, the site is not proposed to increase
an area. Well, that almost sounds like staff saying
as long as they don't add any square footage to the
area, they can cram anything on to that site that they
want because it's not an increase in the -- in the
uses. I don't think that that makes any sense. I
think that staff is incorrect. There's more to it
than determining whether there's additional square
footage added to the site. We have increased uses
added to the site that were not contemplated Ln ~1
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original site plan.
And No. E, is there a substantial increase in the
impacts of the development which may include but are
not limited to increases in traffic generation,
changes in traffic circulation? Well, I tell you, I
don't think anybody on this board would conclude that
there's not going to be an increase in traffic.
You're going to have more facilities. You're going to
have a swimming feature that will certainly attract a
lot of people. You're going to have the roller
coaster and the other ride that will attract people,
as well as the increase in the number of go-cart
tracks that will attract people. I think everyone
recognizes that there will be an increase in traffic.
They wouldn't be doing this if there wasn't going ~.o
be an increase in traffic. And I think that in and of
itself makes this a substantial deviation, one that
needs to be evaluated more thoroughly than simply what
was reviewed on this one.
With that, Mr. Chairman, and members of the
board, I would respectfully request this petition be
denied, that there be a determination that if there
are going to be changes to this of this intensity and
of this nature that it be considered a substantial
change. Mr. Chairman, we also -- we'll leav~ t~~~
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two aerials as part of the record --
CHAI .RMAN DAVIS:
MR. SAUNDERS:
Okay. Thank you.
-- in these proceedings.
Thsnk you, Mr. Chairman.
5 CHAIRMAN DAVIS: Are there additional speakers
6 from the audience to speak on this petition before we
7 get back to the petitioner's representative?
8 (No response.)
9 CHAIR~'J~N DAVIS: Seeing none, we'll finish up
10 with -- with you.
1I MR. YOVANOVICH: I think it would be helpful if I
12 just call a property owner to have them -- they bare
· ~w~ 12: concerns about what the rides are going to look like.
.~. 14 I'll Just introduce the pictures into the record
15 as to what the rides are going to look like. I cat do
16 it quicker if you-all will stipulate these are the
17 rides and not pulling the client up. This is what is
18 intended, and this is just a depiction of what a lazy
19 river is.
20 MR. SAN FILI?PO: Yeah. I haven't seen -- I
' 21 don't kno:~ -- how -- how it's -- how it's platted out.
22 But, yeah, that is what it is, that's what proposed,
23 then --
24 MR. YOVANOVICH: Just for the record, I've
'~ ~DA ITE~.~
25 starred ~he kind of slide that we're talki~.g
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Of course, you're not
what a
This is what a lazy river is.
going to build it to that magnitude, but that's
lazy river is.
With -- with that said, I just have a -- a few
closing points. You may ~ant to confirm some of this
with Susan Murray. But at least it's my understanding
of the master planning process and the PUD is that
that document is a conceptual plan and there will be
changes to that plan, and that's what we're here to do
today, is to address those conceptual changes, i
believe we're still required to do an SDP for the
different attractions that will be coming in and meet
county code. We're certainly not avoiding the county
code.
This is a -- this is simply a petition to -- ~o
change the map attached to the PUD. It's not a
hearing to reconsider whether or not the PUD should be
there in the first place. We've already focused on
that. We've tried to limit their testimony to that.
That decision was made a long time ago. The types of
use~ that are permitted under the PUD document were
determined, and the person responsible for
interpreting the PUD, Mr. Mulhere, has told you that
in his professional planner experience, that what we
are asking to depict on that master plan is a
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I was contemplated in the original PUD. There is no
2 testimony to the different -- there is not a
3 professional planner who testified on their side
4 contrary to anything that the county staff has
5 testified to and the conclusions of county staff or
6 any of the conclusions of Mr. Landy. The only
7 professional testimony in the record is of Mr. Muller
8 -- I mean, Mulhere, Ms. Murray, and Mr. Landy. That's
9 the only competent substantial evidence in the record.
10 The changes that we're contemplating is there's
11 an existing go-cart track. It's going to be reduced.
12 You're going to have kid go-carts, smaller go-carts,
less noise. We're reducing noise in that we're also
putting sound barriers up to reduce noise. And let's
not forget the county does have a noise ordinance ~.hat
we have to live with just like everybody else has to
live with. And there have been no violations of that
noise ordinance.
The -- I've handed out a picture of the slide
that's going to be -- you'll slide into the swimming
pool. It's a fairly innocuous use. You can see the
slide is not that grand sale. This is not
Sun Splash or Disney World. It's a half-an-acre site.
It's not a big intensive use. And it's already
contemplated -- slides like that into a
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1 are not unusual.
2 The, quote, roller coaster is 12 feet in height.
3 It's got rubber-type wheels. It's not -- this roller
4 coaster you're experienced with at Coney Island where.
5 you hear clang, clang, clang, clang, clang, that is
6 not what is being contemplated and is not what will be
~ built. So again, we're not talking about an
8 intensification of uses.
9 This project has always been permitted as a
10 recreational area. We are not trying to change the
11 character of that. All the uses are already permitted
i2 under the PUD. They're authorized uses. We're just
13 trying to tell you and show you where they're going to
"- 14 be on the map. We're trying to do.what staff has
15 already determined to do are minor, insubstantial
16 changes to the PUD map.
17 There again, I just want to highlight, there has
18 been no testimony from the other side. There has
19 been, you know, a lawyer like me up there arguing.
20 But I will tell you that my testimony is not expert
} 21 testimony ¢)n planning issues, and I don't believe that
· 22 their attorneys' representations regarding
23 compatibility and the like are expert testimony. It's
24 Just argument, and it needs to be taken for that, as
25 what mine is. And I'm trying to tell you
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facts show, and that's -- that's what they are. And I
have witnesses to back up what'I'm saying the facts
show. They do not have any witnesses.
Therefore, we think at this time, this -- this
planning commission should conclude that the changes
we are requesting are in~:ubstantial and grant our
petition. Thank you.
CHAIRFJtN DAVIS: Thank you.
MR. BRUET: Thank you.
With that i'll close the public
CHAIRM~I DAVIS:
hearing.
MR. PRIDDY:
Mr. Chairman, I'd like to -- to move
that we approve Petition PDI-98-2 finding that it is,
in my opinion, an insubstantial change. Granted, we
heard a lot of testimony today that what's there i~.
not what was on the map in -- in '84. And a lot of
things around town look different today than they did
in -- years ago. Publix has, you know, large delis
and bakeries in them. We have movie theatres that
have not one screen but six or eight. Things change.
And with -- with that, I move for approval.
MR. OATES: Second.
CHAIRMAN DAVIS: There's a motion of approval by
Mr. Priddy seconded by Mr. Oates. Discussion?
MR. BRUET: Mr. Chairman, I got one sug
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here to hopefully reach maybe aocompromise, and I'd
like to bring it up for a moment. Russell, could the
-- could the motion include, perhaps -- it seems that
noise has been our concern, even though we haven't had
any noise violation. Would there be -- would you be
agreeable to asking the petitioner or make it part of
the motion that this kiddie flying dragon, slash,
pirate swing be relocated more towards the commercial
portion or move it to the west, which would put it
maybe north of the big castle? It looks to me like
this lazy river water slide takes up an awful lot of
room where we could take this figure eight and
incorporate it into the same area. Now, that would
pull it away from the club where the residents
certainly we need to honor their -- the peace and ~
quiet and tranquility that they want to receive. And
I think that's adding 600, 800 feet of distance by
pulling that ride down into more of an activity
center, so to speak, north of the castle an~ west out
to the parking lot.
MR. PRIDDY: I'm not -- I'm not sure that they
hav,~ -- have the room to -- you know, to do both of
those. What I -- what I would be amenable to doing
is, perhaps, requiring, if we could, some additional
AGE~
landscape buffer along the -- the northern
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MR. BRUET: That was also -- was going to be a
suggestion, that they bring the buffer into
conformance with the current LDC --
I would -- I would certainly --
-- between residential and
MR. PRIDDY:
MR. BRUET:
commercial.
MR. PRIDDY:
102
today's --
MR. BRUET:
MR. PRIDDY:
I'l'l buy that.
MR. PEDONE:
Current LDC.
-- current LDC standards.
CHAIRMAN DAVIS: Northern and eastern?
MR. PRIDDY: Yeah. Although to tke east there's
already a pretty substantial buffer there, but, yeah,
Yeah. I --
CHAIRMAN DAVIS: Discussion?
MR. PEDONE: Yeah. I think noise carries better
across a lake than across trees.
MR. PRIDDY: But it would almost seem to me that
if they could put some landscape in on the western
side of the lake so that it blocks some of the noise
before it hits that water, that that would, perhaps,
too, be a good-neighbor-type feature.
Donovan COurt RePorting (941) 793-0021
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I would add that as part of my
motion that a landscape -- the landscape buffer to the
northern boundary of the property be brought up to
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MR. W.RAGE: Just a point that.I would like -- I'm
going to support that motion. And a lot -- a lot of
things we've heard here this morning have to do with
code enforcement.
CHAIRMAN DAVIS: Yeah.
MR. WRAGE: And I think the folks that have the
complaints need to address it to that.
MR. SAUNDERS: Mr. Chairman, could I ask a
question on the motion Just for some clarification?
CHAIRMAN DAVIS: Yes. Very briefly, yes.
MR. SAUNDERS: During the -- the discussion,
there was an indication that there would not be two
rides here, that they would be either/or.
MR. BRUET: Only one. One or'the other. That's
the way I understand it.
MR. SAUNDERS: I'm not askinG that you support
the motion, but I would ask that you include that
stipulat ~.on.
MR. PRIDDY: To one ride on that oval-eight or
fi(~ure-e ?..~ht location.
CHAIRMAN DAVIS: Yeah. And I think that was the
testimony we heard, that it's going to be one or the
other, not both, at that figure-eight location.
MR. YOVA2NOVICH: That -- that's fine. I do need
-- one or the other is fine. I do need to poi~~
"'--~or~-~v~n Co[~*t Report~'~[~g' (941) 793-00~21
2668 Airport Road South, Naples, FL 3~112
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104
don't think there's physically enough room to -- on
that 15-foot buffer. I mean, there's already
substantial plantings there. I don't know if we can
quite get to the current berming standards.
CHAIRMAN DAVIS: We might --
MR. YOVANOVICH: We:ll see.. I mean, we can
do --- you know, get as much as we can in there. But
you've got to remember at the time this all was done,
such rules didn't exist.
CHAIRMAH DAVIS: Right. It may not be in width,
but it may be in intensity.
MR. YOVANOVICH: We'll do the best we can there.
And also -- I mean, this may also help on your point.
if you see the sound barrier by the -- by the track
(indicating), we can add a similar feature to the cast
part of that track there which would act as a sound
barrier because I don't th~.nk at the end, the far east
corner cf the property, we can do what you're trying
to get to.
MR. PRIDDY: Yeah. I think if you'll try to
catch as much of the noise before it hits the water,
it would certainly help ~he residents to the rear or
to the east of the property.
MR. YOVANOVICH: Right.
CHAIRMAN DAVIS: Ail right. I'm not go
Do~o-~an Court Reporting (941) 793-002
2668 Airport Road South, Naples, FL 341
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support the motion. ~%d it looks like I'm going to
the odd man out on this one, but -- and I'm going to
tell you why. The -- the traffic concern that was
raised earlier, I -- I don't see that this place was
designed with traffic calculations and whatnot. And
from my observations driving by, the parking doesn't
even get fully utilized. But there was -- there was
an intensity envisioned in the intensity of use, if
you will, envisioned in the original PUD that has been
amended'a couple times, as we've heard. Arid in my
opinion, and with all due respect to staff, I disagree
that -- that that threshold of intensity is not
passed. And I -- it is in this case. The -- the
point has been reached, and it's gone beyond. So I'll
just throw that out.
Any more discussion on the motion?
MR. PEDONE: No -- ye::. Contrary to your belief
that you're the only one, I happen to agree with you.
I think that the intensity has changed, even though my
apFearance may have been dJfferentiy. I do believe
that it -.- that the slide alone will cause a lot more
traffic to go in and out of Princess Park.
CHAIRMAN DAVIS: Yeah. The traffic --
MR. PEDONE: I tend to agree with you,
CHAIRMAN DAVIS: Well -- and I'm citing
Davis.
,~G~N,
Donovan Court Reportinq (941) 793-0021
2668 ..~irport Road South, Naples, FL 341~2
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specifically Criteria B. And, you.know, and -- you
know, it's -- it's up to us to, you know, decide
whether this is substantial or insubstantial. And in
-- in doing that, as ever?one heard me say so many
times, that we're bound by the criteria. It's all we
have to consider. So I think it meets all the other
criteria, but I do not think it meets Item B as in
boy.
Any other discussicn on it?
(No response.)
CHAIRMAN DAVIS: I'll call the question then.
All those in favor of the motion, signify'by saying
aye.
(Ayes.)
CHAIRMAN DAVIS: Opposed? ._
Aye.
MR. PEDONE: Nay.
CHAIRMAN DAVIS: So it passes 4 to 2. And with
that --
MB. PRIDDY: Take a break?
(Proceedings concluded at 11:11 a.m.)
106
D°n°van court Reporting (941) 793-0021
2668 Airport Road South, Naples, FL 341
~EI'~OA ITEId
REPORTER'S CERTIFICATE
107
STATE OF FLORIDA
COUNTY OF COLLIER
I, Barbara A. Donovan, Registered Merit
and Certified Real-?ime Reporter, certify that I was
authorized to and did stenographically report the
foregoing proceedings and that the transcript is a
true and complete record of my stenographic notes.
1998.
Dated this ~-~ day of ~ __
Barbara A. Donovan
Donovan Court Reporting (941) 793-0021
2'668 Airport Road South, Naples, FL 3411
AGE~DA
00021..0
E~ CI. YrlArE SUMMARY
PETITION NO. CU-98.-i3, MIREYA I.,OUVIE~ REPRESENTING NORRIS WADE BETHEL,
REQUESTING CONDrrlONAL USE "2" OF 'FifE AGPdCT.rLTURE ZONING D!STPdCT TO
ALLOW FOR A HORTICULTURAL MUL~G FACILITY FOR PROPERTY LOCATED ON
THE SOIYD~T CORNER OF IMMOKALF, E ROAD (CR-846) AND WOODCP, Y_ST DRIVE, iN
SECTION 25, TOWNS~II, P 48 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
The applicant is seetdn8 to obt,,'rin ~nditiznal u~e a~rcval to con.'3uct a honJcult~a-',d mulching faciliD'
on an 18.75 acre site.
CONSIDERATIO}'{S:
The ~abjec! site has 660 feet of front.age on the south side of Irranokalec Roan and 1,270 feet of
frcmtzf;e along ~e east si& of Wcx~l, erest Drive. The petitioner indicates that the p~oposed f~ility
l~'c',nde~ for two types of portable power equipment for mulching wood and other horticultural
bypm, lu~. The equipment is comprised of a tub--grin,'ler to grind trees and bmnc:hes to make mulch
ar, d a tree debark~ that is u~ed on larger trees to make them suitable for making lurnber at a lumber
yard. "fhe facility will al.~ be u3e. d to recycle mulch and other agricultural products. The pefifion~ also
~',~l~':s that a medium me. rdl~ would be on-site to empty and load trucks. Fm'thermore, ~e site
eonS,ff~a a 304 r, quam foot office, storage and bathroom facility to serve the two employees. L~stly, a
d/esel fuel ~ noi exc. eod~th~ 500 gallora will be stored on site. The trMtic impact revi~v indicates
tl~a ~, proposed u,.e will generate ~ rrmximum of approximately 15 weekday trips. It is anticipated
that 3 trips per day will be, from tJae larger s~-~mi-truck type vehicles while the remzd~-,g trips w/It be
from maalter V, ton trucks. The~e trips will not exce~ the significance t~st standard (5 percent of the
level ..ff serri~ "C" flmign volmne) on Immokalee Road frtmting the project. T'nerefore, this petition is
cotm,~x-nt with Policy 5.1 and 5.2 of the Traffic Circulation Element O'CE). Lastly, the project's
prol:.:~ed ~8jess ard egver, s from Woodcrest Drive is considered to be an optimal l~alion in terms of
traffic flow and safety.
The lizt below contains a ~m~mary of the evaluation of the criteria which are specifically noted in
Section 2.7.4.4 of th, Iamd .r~..velopmem Code ~quiring ~.aff evaluation wat commm:tt, and used .as
the b~.sis for :~ recom ax.m -d~., ,~, for approval or denial by the Collier CormD- Plmmhag Commi~ion and
tt~ Board of County Commirai
There are no exist/ag resk'~-nfial ~ructures on the adjaceut properties and the
will be over 150 fe~ frcrm the ~ boundaries.
The sm'rounding land nse~.~, to the south, east and west are currently vacant wooded agricultural
land~. In atlditiorb the file ia'o',rides a 100 foot natural buffer from Immokalee Road and a 30 foot
~ buffer around the Ix:.4me~er of the pmjec;, that will buffer and r, cre,m the
:,ower equipment
AUG 0 1998
Thc petitioner has limited the hours of operation from 8:00 a.m. to 5:00 p.m. to ensm'e that the
operation of the mulching facility will not significantly impact an),' residential areas. The facility
will also be closed on Saturdays and Sundays.
The adjacent land use to the north (~ross Irnmok'2.1~ Road) is an f, arllL.wailli~ operation which
fax ex~ any noise., dust, glare or oder !hat will l:e gmerated by the proposed mulching facil/ty.
The proj~cfs ingress and egress from Woodcrest Drive should not adversely impact traffic flow.
Furthermore, the petitioner has agreed to pave V/c~ Drive from ImmokMee Road to the
CONS:
The west side of the subject site abuts the Urban Residential area as designated on the FLUE. Th/s
sa'ca permits a base density of 4 dwelling un/ts per acre. It is anticipated that the propmtdes to the
west of the site may be developed w/th urban residemtial uses in the range of 2 to 3 refits per acre
which would thm~ be in~.'ompatible with the mficip;,ted furore residential conditions.
.A.ccess to thc site is provided via Woodcres't Drive which is currently a private dirfflkuerock road.
Dump trucks hauling material onto and off site typically will generate excessive dust and may
,.-xacerbatc maintenance problems on made with this type of surface. However, the paving of
~'oodcrest Drive from Immokalee Road to thc project entrance should allcv/ate those concerns.
T%snporary noim and odor may result to neighboring properties from the movement of trucks and
heavy equipment into and out of the site, which will be exacerbated in the future when the ~..rth
mining operafim ceases operation and more residential opportunities are created.
'£b¢ development trends along this corridor of lmmokalee Road indicate that this Rural Agriculture
d,'~ignated area will conic to develop with single family commua/ties such as the Twin Eagles .
development to the east. Furth~cmore, maff is of the opinion that the proposed mulcl-dng facility is
not compatible with the hcrc;ksLng mbanized character ;.hat is projected for the area once the earth
mining operation to the no;'th h~ c. omple:ed ice excavation. Therefore, !he petitioner ago'eed .,,/th
aaff's recormnendation to place a five (5) year limit on the conditional use from the time of its
approval. At the end of th,at time frame the u~se must ~d or the petitioner may apply for another
conditional use in order t,: continue the rnutctfing operation.
The Collier Co~mty Plaxm/ng Commission reviewed tiffs pe. fition on July 16, 1998 during their public
hearing and voted 4 to 3 to; recommend at:lzw_zal of tiffs petition with the requirement that the
conditional use be lhaited to 5 years from the time of approval. At that time the use must end or the
petitioner will have to at~ly for another conditional use in order to continue the mulcl'fing operation.
The Planning CommOtion al.so stipulated that the petitioner pave Woodcrest Drive with asphalt from
Immokalee Re, ad to the pmjo:! entrance. The lbur (4) votes recommending approval was based on their
findings that the cond/fional ~.e is consi~ent with the Growth Management Plan, tl:
safe arm the project is compatible with the adjacent land us,~. The three votes rec;
was b~d on the finding tkat thi~ p:tifim~ isn't compatible with the residential dwell
Drive or with the projectiom for increased residential development in the area.
,Inm~al
on wooacrest
AUG 0 1998
FISCAL IMPACT:
Thks petition by and of itself will have no firw~ impact on the County. Howev~, if this petition
achieve~ im objective, the land will be developed. The mere f~t that new development has beton
approved ,~411 result in a future fiscal Lmpact on County public facilities. The County collects impact
fees prior to the issuance of building permits to help off-set the impact of each new' dcveloprnent on
public facilifiea. These impact fees arc used to fund projects in thc Capital Improvement El,~rnent
needed to maintain adopted levels of service for public facilities. In the event that impact fee
coll'-:efions are inadequate to maintain adopted levels of ser,'ice, the County must provide supplemental
funds from other revenue sources in order to build needc, d facilities.
GROWTIt MANAGEMENT IMPACt:
The subject property is designawxl Agricultural/Rural - Mixed Use Agfieultm'al Residential Sub-district on the
Ful~re Land Use Element (FLUE) of the Growth Management Plan (GMP). Tkis designation is for those ;~reas
that are remote front the existing development pattern, lack public facilities and s~'~'vices or are in agriculnn'e
prochxetion. The maximum d~ity ~n this area is 1 dwelling trait per 5 acres. The district also permits non-
residential uses such as agricultural uses, churches, schools, essen~al services, utility facilities, earth mining,
oil/grs production and related procesxing such a.s mulching fic/lifies. Therefore, this proposed use is consistent
with the GMP. Lastly, this conditional use petition does nothing to impact any consistency relationship
wi~ the GMP.
PLaklq~G CaM)fISSION RECOM. ME. NDATION:
The Collier Couvty Planning Commi:,sion recommends approval of Petition CU-98-13 for Conditional
Us~ "2"of the "A" zoning district subject Io the stipulations that are descri'ued in the attached
Resolution of Adoption and Exhibits thereto which includes the conceptual plan.
DATE
DATE
MEMORANDUM
AGENDA ITEM
TO:
FROM:
DATE:
RE: PETITION NO:
OWNER/AGENT:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPM~-NT Ai'~ ENViRONME-Y4TAL SERVICES
.HJNE 16. 1998
CU-98-13, ttORTICULTURAL MULCS{ENG FACILITY.
Ag~t:
MJxcya Lo uvicre
1363 14'~ Avenue North
Naples, Florida 34102
Dan/el Harper/Quinton McNe-,v
14860 Six Mile Cypress Parkway
Fort Myers, Florida
Contract Purchase:
Norris & Lance Bethel
4318 SW Eldorado Park-way
Cape Coral, Florida 33904
REO_IJESTED ACTION;
To obtain conditional use "2" of the "A" Agricultural zoning district to allow for a sawmill/mulching
and horticultural recycling facility.
GEOGRAPlq'IC LOCATION:
The site is locate, d on the eouthcast comer of lmmokalee Road (CR-846) and Woodcrcst Drive Road
in Section 25, Township 48 South, Range 26 East. (See illustration on the following page)
PJ.~I LP_ D.~F2 ~5 ~ O N~O F PROJ~IZIx
The objective of this conditional use petition is to allow for a mulching and recycling facility of
agricultmal and wood malerials for horticultural uses Gn the subject 18.73 acre site. The conceptual
site plan indicates that the proposed facility provides for two types of portable power equipment for
mulching wood and other horticultural byproducts. The equipment is comprised of a tub-grinder to
grind trc~ and branches to make mulch and a tree debarker that is used on larger trees to make them
suitable for making lumbt-r at a lumber yard. The facility will also be u..~xl to recycle mulch and other
agricultmal products. Lastly, a m~'.dium size endloader would be on-site to crop
trucks. A 304 square foot office storage and bathroom facility will be placed c,
diesel fuel tank, not excetxting 500 gallons. A maximum of two employees will
and load dump
~-site~?~ 't,~_h a
be on-
AUG 0 1998
,!
111
The mulching operation generally operates in the following manner: Horticultural debris is dumped
fi'om tracks into rows which are designated on the conceptual site plan. Operating in conjunction
with the endloader (the endloader maintains the piles of mulch) the horticultural material is placed in
the mb-grinder. The machine then grinds the material into mulch. The mulch end-product is
discharged into piles by the endloader. The mulch is stockpiled and/or loaded onto trucks for disposal
off site.
SURROUNDING LAND USE AND ZONINGi
Existing Conditions: The site is currently vacant and i'm.s h/stofically been used for cattle ~ing.
The property, is also zoned for Agricultural uses.
Surrounding:
North - Immokal~ Road and Mule Pen Quarry; Zoned: Agriculture.
East - Vacant wooded land; Zoned: Agriculture.
South - Vacant wooded land; Zoned: Agriculture.
West - Woodcrest Drive and vacant land; Zoned: Agriculture.
Ea.~ern view from site Northern view from site.
.C, zl[~ w"rH MANAGEMENT
Sou~ view down Woodcrest Dr.
This petition has been reviewed by the appropriate staff for compliance with the applicable elemmts of the
Growth Management Plan, as noted below:
Future Land Use Elelllrdlll The subject property is designated Agricultural/Rural - Mixed Use Agricultural
Residential Sub-district on the Future Land Use Element (FLUE) of the Growth Management Plan (GMP).
TMs designation is for those areas that are remote from the existing development pattern, lack public facilities
and r, erv/ees or are in agriculture production. The maximum density in this area is 1 dwelling unit per 5 acres.
The d/strict also permits non-resid,_-ntial uses such as agricultural uses, churches, schools, essential sm'ices,
utility facilities, earth mining, o/I/gas production and related processing. Therefore, this proposed use is
consistent with the G.X, LP. In addition, the sawmilL/horticultural mulching and recycling facility is a
conditional use in the Agriculture district. It should be noted that during the June 2, 1998 Board of County
Commi,~ioners meet/~.g, the Boa. rd provided direction to reduce density in the Urban and Agricultural/Rural
Designated areas. However, in the Agriculture/Rural designated area that includes this petition, the BCC
directed that the density of 1 unit per 5 acres be retained while requiring that these units be clustered.
F~more, these units will be required to provide central water and sewer service. The ability to cluster the
dwelling units will allow for larger buffer areas around this conditional use.
Traffic Circulation Elcillr, llli The traffic impact review indicates that the proposed use w
20 weekday trips. These trips will not exceed the significance test standard (5 percent of th~
"C" design volume) on Immokalee Road fronting the project. In addition, the site general
lever%f ~-~-f~- (~) ~
trips will not
AUG 0 ,~ 1998
lower the level of service below the adopted LOS "D" standard on any roadway segment withha the project's
radius of development influence. Therefore, this petition is consistent with Policy 5.1 and 5.2 of the Traffic
CircuLation Elernerit (TCE). The TCE als6 clasiifies this segrrfieni of CR-8,~6 as a 2-i'ahe arteriki mad ~ronting
the project. The current traffic count for this segment is 10,456 AA. DT which results in LOS "C' operation. It
should be noted that this segment is not projected to be deficient within the next five years. As a result, no
road improvement is required. Based on this data, tNs petition is consistent w/th the Policy 1.3 of the TCE.
Other Applicable Element~;. Staff review indicates that this petition has been designed to account for the
necessary relationships dictated by the GM?. Mitigation measures a~d sfipulafio~ have been developed
(where appropriate) to ensure consistency with the GNff' during the permitting process. Development
perrrfined by the approval of th/s petition will be subject to a concurrency review u. nder the provisions of
Section 3.15 of the Collier County. Land Development Code, Adequate Public Facilities, at the earliest or the
next to occur of either final SDP approval, final plat approval, or building permit applic~,~ble to this
development. Therefore, this petition is copaistent with the goals and policfes of the GMP. Staff has
concluded that no level of service st~.ndards will be adversely affect, ed by this amendment Appropriate
mitigation measures and ;tipttlations will assure, that the Counv.~'s interests are maintained. C. onsisteaacy with
the goals, objectives and policies of other applicable elements of the GM? and level of service relationships
are to be achieved by stipulations and/or development commitments made a part of the approval of this
development order.
ttJa~C/ARCI:tAE OLO GI CAL
Staffs analysis indicates that the petitioner's prop~'crty is located outside an area of l-dstorical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archaeological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL. TRANSPOR.T..A~ON AND INI,~ASTRU~
Thc subject petit/on has been reviewed by the appropriate staff reooponsible for oversight related to the
above referenced areas of critical concern. Tkis primarily includes a review by the Community
Development environmental and engineering staff, and the Tram~rtation Services Division staff.
The Transpomfion Division staff has recommended approval of the facility as submitted. The
Community Development Services environmental staff stipulated that an appropriate portion of
native vegetation be retained on-site and sho~m as a preservation area or_ the site plan. At the time of
SDP submittal, the pet/tirrner shall also provide a wetland jurisdictional determination.
The Current Pla:ming St:,ff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code
('LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land use c~'age, be they positive or negative, culminating in a staff recommendation
base~ on that comprehensive overview. The below listed criteria are eecifically noted in Section
2.7.4 of the Land Development Code thus requiring staff evaluation and comment.
Commission to the Board of County Commissioners. Each of the potential
identified during the staff review are listed under each of the criterion note~
categorized as either "pro" or "con" as the case may be, in the profe,~ional opin
This criteria shall be used as the basis for recommendation of approval or denial by the Planning
or considerations
on of staff. 'StMT
AUG 0 ,~ 1998
review of each of' the cr/tefion is followed by a summary conclusion culminating in a d.ctcrminafion
of compliance, non..comPl/anc¢, or complian, ce with m_itiga, t_ion._ .........
Consistency with this code and Growth Management Plan.
The subject site is designated Agficultmal/Rural - Mixed Use Agricultural Residential Sub-
district on the Future Land Use Element (FLUE') of the Growth Management Plan (GMP). The
district l~mdts non-residential uses such as agricultural uses, churches, schools, essential
servic.,:.s, utility facilities, earth mining and related processing. In addition, the proposed
sawraill and mulching facility is lX'nnitted in the LDC as a condit/onal use in the Agriculture
Zor~ng Dis~'ict.
~ The west side of the subject site abuts the Urban Residential area as designated on
the FLUE. This area permits a base density of 4 dwelling units per acre. It is anticip 'sled
that the properties to the west of the site may be developed wi. th ttrban reaidenfia!
comm__un/ties such as the Vanderbilt Pines PUD.
~ion (Fiufliag~ This petition is consistent with the FLUE on the Collier
County GMP. The proposed mulching facility is authorized in the ~.gricultural,5'.ural - Mixed
Use Agricultural Residential Sub-di.~trict areas in the FLUE and is also permitted as a conditional
use in the Agriculture Zoning District.
Ingress and ego-ess 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.
(i) The project's ingress and egress will be from Woodcrest Drive. This access will not
advevfi, ely impact traffic flow and is considered to be an optimal location in terms of
traffic flow and safety..
(ii) Due to the Iow traffic volumes and cl-,ar site distance from the intersection with
Immokalee Road, the proposed access mad should operate adequately.
(iii) The projem's ingress/egress is designed to accommodate dump trucks along with
emergency and fire service vehicles.
Con: Acce~;s to the site is provided via Woodcrest Drive which is currently a dirt/limetock
road. Dmr~p tmck.~ hauling material onto and off site typically will generate excessive dust
and may exacerbate maintenance problems on roads with this type of surface. However, due
to the small size ofthe project and the resulting low waffle volumes (15 to 20 weekday trips),
the project traffic will not significantly impact Woodcrest Drive or Immokalce Road.
~nclusion (Findin~)i Staff has reviewed the conceptual master plan submitted
with this conditional use request, and is of the opinion that due to the relatively Iow traffic
volumes generated by the sawmill, the project's entrance should operate adequately and with
an acceptable level of safety.
AUG 0 4 1998
The effect the conditional use would have on neighboriag properties in relation to noise,
glare, economic or odor elf,_ts;
Pro: (i)
It is unlikely that glare or odor vail be produced by the proposed tLse due to the 100
foot wide natural perimeter buffer along the northern propcm'y line and a 30 foot
wide hahn'al buffer for the remainder of the site.
(ii)
The petitioner has limited the hours of operation from 8:00 a.m. to 5:00 p.m. to
ensure that the operation of the mulching facility will not sigrdficantly impact
residential ar ~,vas.
(iii) There are no existing residential structures on the adjacent properties. In addition,
the power equipment will be over 150 feet fi.om the property boundaries.
~ TemporazT' noise and odor may re~lt to neighboring propertie~ fi'om the movement of
trucks and heavy equipment into and out of the site.
Summary Conc!~~ The orientation of the proposed equipment and storage
areas are such ti:at they are buffered fi.om adjacent property by a large buffer area. In staWs
opinion, the proposed petition wi!l have t;mited negative effects on neighboring pro.r~'fies in
relation to noise, glare, economic or odor effects.
Compatibility with adjacent properties and other property in the district.
Thc adjacent land usc to :.be north (across Immokalec Road) is an earth mining
operation which far exceeds any noise, dust, glare or odor that will be generated by
this mulching facility. Therefore, tkis proposed use is considered a compatible land
use with earth mining.
(ii)
The surrounding land uses to the south, east and west are vacant wooded agricultural
lands that will provide more than adequate buffering and screening from the few
residential dwellings in the area.
(iii) If the adjacent lands are developed with agricultural uses in the future, these uses
typically employ similzr heavy equipment and trucks in fertilizing, cultivating,
harvesth'~g, and storing of agricultural p,-oducts. Based on the existing and potential
land uses, the proposed sawrnill/mulchiv.~g facility is deemed a compatible land use.
.C, flm (i) Thc prop,ased driveway access onto Woo&rest Drive will contribute additional
vehicular trips on the local street.
(ii)
oper~ion to the north has completed it's excavation. Therefore, s
that the conditional use (if approved) be subject to renewal in 5 yea~
5
The development trends indicate d~at the area will continue to develop with single
family communities such as the Twin Eagles development to the east. Furthermore,
st~ff is of the opinion ukat the proposed mulching facility is not compatible with the
increa~-ing ~baniz, cd character that is projected for the area once the eazth mining
AUG 0 4 1998
Summary. Conclusion (_Findings); The proposed use is compatible with the existing earth mining
operation to the north across Immokalee Road. The surrounding land uses.to the south,.cast and west
are vacant wooded agricultural lands that if developed with agricultural uses, they typically employ
heavy equipment in the processing of agricultural products. Lastly, the large 30 foot perimeter bufferO
will ~creen the ~awmill from the adjacent properties. However, the proposed mulcking facility is not
compatible with the increasing urbanized character th,at is projected for the area once the earth mining
operation to the north has completed it's excavation permit.
STAFF RECQ~
Staff recommends that the Collier County Planning Commission (CC'PC) recommend approval of
Petiaon CU-98-13 for conditional use (2) of the Agriculture zoning district subject to renewal of the
conditional use in 5 year~ to envare con-~istency with the projected residential development in the
PREPARED BY:
CURRENT PLANNING SECTION
CURKENT PLANNING SECTION
'RO~T]~j~I-mR~, A~CP, DIR~C~O~
PL.~G SERVICES DEPA, gTMENT
COm ,r Ty D V. svcs.
7.6.?~
DATE
DATE
StaffRepon for July 16, 1998 CCPC meeting.
COLLIER COUNTY PLANNIN~~ISSION:
STAFF KEPORT/F/RVB/go
AG E N D.k ITE M"~II
AU~ 0 4 199J
COMJVILrN'ITY DEVELOPMENT DIVISIONS
CURRENT PLANNING SECTION
PE~qYION NUMBER:
DATE OF A2PLICATION:
COM]V~SSION DISYRICT:
PLA>aN-ER ASSIGNED:
APPLICATION FOR PUBLIC I{EARING FOR: CONDITIONAL USE
G,c, ner~l Infor~mtion:
Name of Applic~mt(.~):
Norr~ Wade Befiael and .Lance Be~¢l
Applicant's Marling Address: Norris Wade Beth.el - 4:318 SW l_~v~pe.,
Cave_ Coral. Flqrida 33914. La, ce B~.~I - 1207 SE El~0~d~ p~kway,
Cave Coral Flori~ 33994
Applicaat's Telephone #:
Name of Agent: _Mk¢¥a Louvi .ere
Agents ,x,~afiJing !',6flre~: !363 14~.Avenue blo~ Navies, Florida 34102
Agent's l~elephone, #: (94 !) 64%7644 F~x #: (941) 649-7644
(941) 540-1840
AUS 0 1998
DJ~lo,ure ~'l~ter~. t
bo
If thc prolx'n7 is owned fee simI~l¢ by an INDIVIDUAL, tenancy by the
entirety, tenancy in common, or joint tenancy, list ail pm'ties with aa
ownemhlp interest as wcll as the percentage of such interest.
Not A~Uc. abl¢.
If th~ pmpewy is owned by a CORPORATION, list
stoclcholdcts and the percentage of stock owned by each.
]hi_ ot Al!plicabl¢.
the officers and
Co
If the ptopew/is in the name of a TRUSTEE, list the beneficiari~ of the
trust with the perryzn~¢ of interest.
lqo t._q!_A_l;~eabl e.
If the property is in the name of a GENERAL or LIMITED
PA.RThrERSHIP, list the name of the general aod/or limited partners.
Not At?lic~b!e,.
If there is a CONTRACT FOR PURCHASE, with an individual or
L"-dividt~,~ls, a Corporation, Trustee, or a Partnership, list the names of the
contract purc~.~ers below, including the officers, stockholders,
beneficiaries, or partners.
Hame a~;. Address
Sellers:
Percentage of Ownmship
D~el R. Har~r
50%
50%
Six Mile Cvor~ Parkway, Fort l~3~_e~_, Florida
AUG 0 i 1998
_Wade Bet! e!
1207 $,E. Eldorado P.ar~a¥- Cape Co .mi, F!orida 33904
Date of ContractiOn- 2, 19 97
,5O%
50%
If ~y contingency clau.m or Contract terms involve additional parties, list
e. ll irdividuals or officc~s, if a corporation, partnership, or trust.
g. Date subject propcrty acquired ( ) leased( ):
Te~m of lc. se
If, Petitioner, ba~ option to buy, indic'am date of option: ~9t applicable _
And date option terminates:
Or anticil:.ated closing date:
l~t a_voli~e.
not ~plicable
ho
Slmuld any changes of ownership or changes in contracts for purchase
~t to the date of application, bm prior to the date of the -tm,al
public hearing, it is the responsibility of the applicant, or agent on l'tis
behalf, to saabmit a supplemental disclc~am: of interest form.
.D~ ~,~od_l~g~_qripfi.o!~ o.f th, ~rgp.e_~ covered ~. th.e 8oplication: (if
space is inadequexe, attach on separate page). If request ~volves change to more
than o,.-',e zoning di.,xrict, include separate leg.':l description for property involved
in each district. Applicant shall submit (4) copies of a recent survey (completed
witl~, thc last :,i. ~ months, maximum I" to 400' scale) if required to do so at the
pre-a~plication meeting.
NOTE: The applicant is responsible for supplying the correct legal description.
If quesfiom arise concerning the legal description, an engineer's certification or
sealed survey may be required:
Section: __2,5 Township: 48 So~th Range: 26
Lot: N/A Block: N_/~__._~ Subdivision: N/A
AUG 0 1998
Plat Book: ~ Page it :~ Property iD it: 00191080007
Metes & Bouad~ Description: ~ of the northwest %, 0f Ne .northwest
V,_d~[_e~tl'm north 100 f~,t. of S~on 2,5, 'rowaskip 48 South. ~.~_m_ge_.26. East.
~!!ier Coumv. Florida.
Total ~ feet:
L2J_7.85 +/..rt.
~_! . _60 7, 7! +/-
x ,:5_59.27 +/- fi.
Acres: .! 8.73 +/-
Addre~,/gtmentl ]oc*fl~o.n._of_snbiec~_ _ t~rope~,_': ~ sul:.j_~! site is located one
W cre 'v wa . - _y__kn~as Acre._mak_er Roa_d_.
and lu~d use:
S - ~_zri~
E - Agriculm~
W
Land Use
LrranokaLee~_ad and Naples Quarry
Florida Rock !ndtz~j_e~ inc.
Vacant w~.d land
Vacant wooded l~nd.
~dcrest Drive and
V~cant W0t;ded la~d.
Does property o'i ~er own contiguous property 'to the subject property? If so, ~ve
eompl¢te legal description of entire contiguous property. (If space is inadequate,
anaeh {',o se'pmarx: page).
~e vro=errv owner doe, no..t ow~ confi~.~_~~o_ the subject pmperty~
Tv~e of _co.. nditiousl use: This application is requesting conditional use
# 2 of the ~:u! .re. ca. ! district for the operations of a horticultural
m~.~.~_r4~ facility.
EvlloaB_'en_~ri[~tTi'~_~: Provide a mfive ~ement descdb~g ~s request for
~fion~ ~. NO~: ~t m ~on 2.7.4 of the Colli~ Co~ ~d
~,to~ ~e, s~s ~mm~on to
P~hg ~sion'~ m~cn~fion to
ba~ u~n a fi~g ~t ~e ~Iing of the conditio~l m~ Mll not adver~ly
eff~ ~e p~lic ~ ~d ~at ~e s~cific req~rem~u, govem~g the
~dml ~ifio~ m~, if ~y, ~ve ~n meh ~d tMt ~, satisfictow
~sion ~ ~gm~t have ~m rome conm~g ~e follo~ng manem
~ ~li~l~ Pl~e pr~-ide d~ta~.~ r~e to ~ch of the criterion
~ bel~. Sperry h~ and why the requ~t is cons~tent with each.
(A~ ~ddiflonal pag~ as may be
Dc,scri~ ,how the project ii consistent with the Collier County Land
Develolm~rrt Code and Growth Management Plan (including information
ou bow the request is consistx-.nt with the applicable section of pcn/ons of
th~ future land use element): ~vm Management Plan desi~ates the
.[u~.,..,ty as ._ur~an,/r~l allgwin~ for four dwellin~ units~r
~ and mix, ed u,se~.. The ~.t. develomcnt pan. cms; to the north a
r?L.~K~ck .woul.d no__qg_Ll~.g¢~s pgr~l vcry com~atib!e if der.eloped with
__________________~_~g___un[_'ts. '.~_fl.e.~r~_d Dev¢lo_tm~!~_.C..gd. e ~its mulching/recyqlin..g
~~s._(.~J~'ia C_._on__difioned_U_~_.c~tions_~ the A_~'iculmml
7.9_rdg_gJ, li~ict_.
b. Describe the existing or planed means of ingress and egress to the property
and pror, e,-,ecl structure thru'eon with particular reference to automotive and
pedes~; a~ safety and convenience, u'a~c flow and control, and access in
ca~ of fire or catastrophe: .The ~.rg. posed access m the ~ubie~jite is via
~Jloodcm! Drive (a_ !ira _cr~ck ro~ad)J.hrough a double gated entry_ way
r~ximat_e_l_v. 650 +/- feet off [mmokalee Road. In addition, on-
~ite vehj~u_~- ,'md ?,,dc~tri,-m accessibility MI! ~_~,.mte via the 30'
.~~ .r~ad_~.~d~~ the. 0u-~it,.- accc.ssibiliw to enjployees. 0nly,
~c al~_ .v~ refc_.r~ in_gr~s _.md ¢_~,.~s acces4 _tx)Juts i..ndicate that the
~9_[m~-n'g~_c.'y ar.,cc~ to thc... ~sitc should ~ adequate. Please
Au a 0 4 1998
the exi.~ing effect the conditional use will have on neighboring
propertie~ in relation to noise, glo.m, economic and odor effect:
u~e ~hould not ..1¢. ve a_~v_e effect rev, ardin._g nqise, g~"e,
eoo~c and odor due _tp_fa'3~e li~..i~_u~ o_9.~pemfig__m; in ad.dit, iqn,
D~eter tufter ~o~ lf~_~_e
h!~_._L~,~t, eaxt noise, ~mciate4 with
De~"ribe the site's and the propo~,xt uses' compatibility with adjacent
[,'voperfic~ ~1 other prope~es in the district: ~9.,"¢.' of_t!.~e_~b.b.j~
hte is ,t reek _oit. wl~~~xLA_an_a~inu we .axe _m'o~_sin_u o'n this. site
_~oi~e. ~gr~or odor..Therefgl'e, the m.ulch~v, facj!~w should pro~
~'a very com~l~.l~.~Lo the ~_%ng rock rn~e, The ~dhag
!k.~.3~~ ea~ and, we~ .are a,m'i~l .tura~wooded lands that if__m_d
~a__~¢ dev~with am'/c.ultural rela_.t~t~.,~2_Z_ht~
~tt!/.EI~,~ ;m ferrit~. ,c¢ltivafing, hm'vcsti_ng, storin_~ and a~cu.ltural
Please provide any additional inforrrmtion, which you may feel, is relevant
to this request: .'l~l~-~_~ additional in_formatiorl relevant to this request
1§.
11.
~ _Rertrief~._: The County is legally precluded from enforcing deed
re~ctionx, however, nmmy communities have adopted such mstr/ctions. You
may wish to cont,~ the civic or property owners association in the area for wkich
this use is being r~lues~ed in order to ascertain whether or not the request is
affected by ~ deed restriction.
Previom.~~-q~ ona on__the suni_eot m'ooerty: _There are no previou;
~5~~_-ve ~-the subject m'7o. perry. -~
A~ddition..~!_Sub_m~~n_~.~: ____~Enclosed with the conditional,
awolieation. - '
AUG 0 4 1998
AFFIDAVIT
We/I, ~£~. Md~L ~ ~.~,,~ ~./n~w~. being first duly sworn, depose and say
that we/I am/are the owners of the property described herein and which is the
subject matter of the proposed hearing; that all the answers to the questions
in this application, including the disclosure of interest information, all
sketches, data, and other supplementary matter attached to and made a part of
this application, are honest and true to the best of our knowledge and belief.
We/I understand that the information requested on this application must be
complete and accurate and that the content: of this form, whether computer
generated or County printed shall not ke altered. Public hearings will not be
advertised until this application is deemed complete, and all required
inform, ation has been submitted. We/l further permit the undersigned to act as
my/our representative in any matters regarding this Petition.
NAME OF OWNER (Print or type)
NAME OF OWNER (Print or type)
NAME OF AGENT {Print or type)
NAME OF AGEN~ (Print or type)
State of Florida
Count}, of
SIGNATURE OF OWNER
SIGNATURE OF OWNER
~iGNATURE OF AGENT
SEAL
The foregoing Application was acknowledged before me this
who is personally known to me ~~
take an oauh. ~~
(Print IIame of Notary Public)
HOTARY PUBLIC
Serial/Commission f~ (.L ~/&7~ ~
Hy Commission Expires:
AUG 0 998
t
{i
F~. >~yers, FL C~pe Coral,
(~) ~
$ , : 9 . _
AGENDJ. IT.i:,J~ ~
AUG 0 4 1998
Indian Hill Partners, Inc.
Ju~ 2, 1998
SERVICES
Mr. Ray Bcllov,,~
Planner
Collier Cotmty Gov~'nmmt Complex
2800 N. Hop-.,e,shoe Drive
Naph:~, FL 34104
P~: P~don CU-9813 Mulching operation on Harper property ia Sec. 25, Twp. 41~ P~g. 26
~ M~. B~llows:
We own property in the immediate area of this proposed zoning change and oppose this p~ition.
We believe that this area v~ll be developed to a higher urban level including Iow den.sity, high
quality Go~f developments and believ-~ that this proposed use would negatively affect our
property values and the fu~are quality growth of this corridor. Please do not allow this project to
be zoned for this use.
GVC/sbs
Three Rrst Natio~a~ t'~za Suite 3{t00 Chicago, IIIInoi~ ~2
(312) 977-4485 Fax: (312)
1998
WILLIAM J. WILLIAMS
SUIT~ 300
21Z r.A~T THIRD STREET
CINCINNATI. OHIO 4S20;~
July 14, 1998
Ray Bellows
Planner
Collier County Government Complex
2800 N. Horseshoe Drive
Naples, FL 34104
Subject: Petition CU-9813 Mulching Operation on Harper
Property in Sec. 25, Tw~p. 48 Range 26
Mr. Bellows:
I have received notice of the above petition as I am an owner of
property in the immediate area.
I oppose this petition on the basis that this area should be
developed into better housing and/or developments such as golf
courses. I believe the proposed development in this petition
would reduce the values of the current properties, in t~s area.
am J. Williams
WJW:mc.
AUG 0 4 1998
!
2
3
4
5
6
7
9
10
Il
12
t3
· RESOLUTION 98-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
OF A SAWMILL MULCHING AND HORTICULTURAL
FACILITY CONDITIONAL USE "2" IN THE "A"
ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3.
OF THE COLLIER COUNTY LAND DEVELOPMENT CODE
FOR PROPERTY LOCATED IN SECTION 25, TOWNSHIP
48 SOUTH, RANGE 26 EAST, COLLIER COUNTY,
FLORIDA.
WHEREAS, the Legislature of the State of Florida in Chapter
14 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has
1~ conferred on Collier County the power to establish, coordinate and
16 enforce zoning and such business regulations as are necessary for the
17 protection of the public: and
WHE~.EAS, the County pursuant thereto has adopteQ a Land
~9 gevelopment Code (Ordinance No. 91-102) which includes a
~0 Co~orehensive Zoning Ordinance establishing regulations for the
2! zonin; of particular geographic divisions of the County, among which
~2 i3 the granting cf Condi'.i~nal Uses; and
23 WHEREAS, the Coil/er County Plannin~ Co..-~nission, being the duly
2~ appointed and constituteC piannlng board for the area hereby
· 3 affected, has held a public hearing after notice as in :;aid
26 regulations made and provided, and has considered the advisability of
27 Conditional Use ~2" cf Section 2.2.2.3. in an 'A" Zone for a sawmill
2~ mulching and horticultural facility on the property hereinafter
29 described, and has fc ~nd as a m~atter of fact (Exhibit "A") that
30 satisfactory provision and arrangement have been made concerning all
31 applicable ~'atters required by said regulations and in accordance
32 with Subsection 2.7.4.4 cf the Land Development Code for the Collier
33 County Planning Commission; and
34 WHEREAS, all interested parties have been given opportunity to
35 be heard by %his Board in a public meeting assembled and the Board
36 having considered all matters presented.
37 NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
38 Collier County, FioriCa ~hat:
39 The petition filed by Mireya Louviere, representing Norris Wade
40 Be'-hel anO Lance Bethel with respect to the property
41 described as:
42
-1=
AUG 0 1998
9
10
1!
12
14
15
I6
18
19
20
21
2~
24
25
26
27
29'
3O
31
32
34
39
41
42
4~
45
-.Exhibit "B" which is attached hereto and incorporated by
reference herein
be and the same is hereby approved for Conditional Use "2" of Secti!O
2.2.2.3. of the ~A" Zoning District for a sawmill mulching and
horticultural facility in accordance with the Conceptual Master Plan
(Exhibit "C") and subject to the following conditions:
1. A.n appropriate portion of native vegetation shall be
retained on-site per CCLDC 3.9.5.5.4, as amended. This
area is shown cn the site plan as natural vegetation to
remain. The size ¢~velop~,ent plan shall rename this
area ~preservation area" and prior to SDP approval a
conservation easement shall be placed over the
preserve area by separate instrmu-nent with appropriate
restrictive covenants.
At the time of SDP submittal, the oetitioner shall
provide a wetland jurisdictional d~termination showing
the SF~D line and the ACOE line. Prior to final SDP
approval, all approved agency permits shall be
submitted.
Prior to fina~ SDP approval, an exotic vegetation
removal and maintenance note shall be placed on the
pl%n, in~icating that all exotic vegetation as defined
by Collier County Land Development Code Section
3.9.6.4.1 shall be removed from tke entire site and
that the property owner shall be resoonsib!e for
subsequent annual exotic removal pursuant to Subsection
3.9.6.6.5. of the LDC.
47
The hours of operation of the sawmill/mulching facility
are limited from 8:00 a.m. to 5:00 p.m. (Monday through
Friday). The operation cf the sawmill is prohibited on
Saturdays and Sundays.
This petition for conditional use ~2" of the
Agriculture Zoning District is limited to five
years from the time of approval. At the end of that
time frame, the Petitioner must apply for another
conditional use in order to continue the mulching
operation.
6. The Petitioner shall pave Woodcres: Dri-ze from
I.~Tnokalee Road to the project entrance as depicted
on the attached conceptual plan.
BE IT FURTHER RESOLVED that this Resolution be recorded in the
48 minutes of this Board.
49
51
53
-2-
AUG 0 1998
Pg-~/
This Resolution adopted after motion,
Done this day of
second and majerity vote.
, 1998.
BOARD OF ZONING A?PEALS
COLLIER COUNTY, }%ORIDA
ATTEST:
D~iGHT E. BROCK, Clerk
1!
13 A~proved as to Form and
14 Legal Sufficiency:
16 Merg~kie~-
17 Assistant County Attorney
BY:
BARBA.~A B. BERRY, Chairman
-3-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
~J-98-13
4
The following facts are found:
Section 2.2.2.3.2 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:
A. Consistency with the Land Development Code and Growth
Management Plan:
Yes C/No
B. Ingress and egress to property and proposed structures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe:
Adequate ingress~& egress
Yes
C. Affects neighboring properties in relation to noise,
glare~-economic or odor effects:
_ t'" No affect or _ Affect mitigated by
_ Affect canno~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings,
stipulations, (copy attached)
approval
t~ use should, with
~~ ~..~__~ recom~nended~
fl C~-9~-1] ~rSDI~ Or FACT
~&U6IBIT "A"
FINDING OF FACT
BY
COLLIER COUNTY PIniONING COMMISSION
FOR
A CONDITIONAL USE P~IITION
FOR
CU-98-13
The following facts are found:
Section 2.2.2.2.1.2 of the Land Development Code authorized
the conditional tl~e'
2. Granting the conditional use will not adversely affect the
public interest and will not adversely affect other property
or uses in the same district or neighborhood because of:
A.Consistency with the Land Development Code and
Growth Management Plan:
Yes , ~ No
B. Ingress and egress to property and proposed
strictures thereon with particular reference to
auto.~otive and pedestrian safety and convenience,
traffic flow and control, and access in case of fire or
catastrophe:
Adequate ingress
&y~gress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
_~ii_ No affect or _ Affect mitigated by
Affect canno~ be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes //~ No
Based on the a~cve findings, this conditional use should, with
stipulat±on~, ~col~ attached)
'~ be recommended for
No. ~
LEGAL DESC~,IPTION
LEGAL DESCRI1~/ON:
Township: 48 So~rth
Block:
.Range: 26 Ea.~
Subdivision: N/A
Pl~t Book: ~ Page #:/.~Z~_ Property ID #: ~0007 - -
M~es & ~ ~~on: -~e ~ ~ of~e ~~/~ no~~
~. l~ ~ n~~ f~ ofS~on ~5, Tp~'~4g So~ ~~ F~
AUG 0 4 1998
II:'"
EXEcu'rzvE SUMMARY
RECOI'tMENDATXON Ti~A'r THE BOARD OF COUNTY COMMISSZONEP, S APPROVE A
RETENTION AGR~EMEh'T ~ ROBZNSON AND COLEt LIP FOR PROFES~'IONAL
SERVICES REGARDI~4G AME~ND~4FNTS TO THE COMPREHENSIVE PLAN
~ To approve a retention agreement v,'ith Robinson and Cole, LLP and Dr. 3ames
NichoLas from the University of Florida to assist in the development of amendments to the
Comprehensive Plan regarding density reduction, c!ustedng standards and a transfer of
development rights program attached to this Execctive Summary.
~"~t~,,j~O.'~.~ On 3une 23, 1998 U~e Board of County Commissioners directed ~aff
to prepare a con~ for services with the law firm of Robinson & Cole. LLP to assist in the
development of amendments to the Comprehensive Plan. The a~sistance of consultants is
necessary in order to p."ep~re amendments that are legally defensible in light of possible
challenges that the County may encounter. The law fin~ of Robinson and Cole will include
as part of their team, Dr..lames Nicholas to prepare the economic analysis. The cox of
the~.,e services ~ identified in the attached contraS.
.~t~O'A'TH MANAG~MEI~rI' ]IMPACT; Th-'. proposed amendments to the Comprehensive Plan
to reduce density will need to be prepared in order to withstand a challenge and to put the
County in the best possible position for future litigation. This is extremely important given
tt~; untested ramifications of the Pdvab_, Property Rights Act.
~l~j~ The cos?~s for services shall not exceed $60,000 in fees, plus approved
costs per the agreement. The Board authorized a waiver of formal competition at the ~une
23~ Board of County Commissioners meeting and the budget amendment from Fund ! 13
reserves is att~ched. Fund.~ will be transferred from the development review fee Fund 113
Reserves, ~13-9:[9010-900000, to Comprehensive Planning 111-138317-634999.
J~i'~~ON: That the Board of County Commissioners approve the contract to
retain the legal services of Robinson and Cole and Dr. ]ames Nicholas to assist in the
pr'.-.paration of amendments to the Comprehensive Plan and to approve the necessary
budget arnendm ant.
Prepa red BY: //~/~'~' ~"~"~'~'~~£~ Date
Bar' ba~ A. Ca-~:~ir,ne, ~Icp, Mana---~e"~ ....
Compr~hen.sive Planning Section
Ro~:rt .1.~Mulhere, AICP, Dtrectof
PI,a~~ervi ces Oep~~
V/I~C,.;~.~I:'~[. Ce. utero, A.[CP, Administrator
Comm~.,nity D.~velopment & Er~vironmental '.~ervices Division
AUG 0 4 1998
/
Pg. ~ -
m~de ~1 ~ im~ ~ __ day of A ~ugu~ 1998, by md betwee~ the BOARD OF
COUNTY COMMI~IONERS OF COLL~ CO~, ~~ ~~ ~ TM ~
~ ~- ~ '~, ~ ROBESON & COLE ~, ~ o~ ~ O~ ~n P~,
~~, on I~ 2, 199g ~ ~ of ~ ~~ ~ ~ of ~
~~ ~ ~ ~ a T~ ~ ~1~ ~ ~R) P~ ~ iu ~
~ ~ ~o~ ~'~ ~ ~ ~ ~ ~c ~ of ~c ~ ~
· aasessi~ the ~ defensibility of th= I)~ity Redm~tio'a Amen~em$ mad rec, o-m~endi~g such
the Firm of l~binson & Cole is a n~ionally reco~ law finn with
~m in tt~ ~ ~ m~t h~ l~tt~il:~ in th~ d~vel~ of :~x;c.e~fd TI)R.
pg. ~
Dr.
~e~
~ F~ ~ ~ ~~ of~ of~
NOW, ~~OP~ ~ ~ ~, ~ ~n~~ of ~ ~ ~ ~
c~ ~ ~ ~Y ~ ~ fo~:
B. ~ Fi~ ~ ~ ~ ~ ~ ~m~~ ~., ~
~on ~ ~ ~ ~ ~ ~~ of ~ D~ ~~ '~~ ~ ~
onam~y~ ~F~'s~~~~~~m~wo~°n~c
~ ~~ ~ ~ ~ ~10 ~ ~2~0, f~ ~i~ ~ $130 ~ $180,
~~I~~~,~$~$110.
D. T~ ~ ~ ~ to ~~ ~ F~ for ~ ~ ~ ~1~
'0
Anmuc~. T~ u~ of a mu~licr fo~ th~ ~,m~,~on cc~ i~ not ~ ?~r ~
~ ~ravel ~ ~ be ~ in accord~cc w/th Section I12.0~1, Fladda St~aI~,
~ Pe~ Di~'~nd Trsvcl Bxpen~ of Publ/c O/~cera, Employcc~ and Authodzed Pcr~o~,
$3.00
~.00
112.00
invoice for. l~al ~ic~ and ~ cos~s ~ by th~ Firm
~~ ~1~ a~ ~~ ~ ~i~ on a
~~ ~a~{~.~~~o~: 1)~e
~ ~ ~ ~: ~ 2) ~ ~ of ~ ~voi~; ~ 3) ~
~~ 218, E~ S~, o~ ~ ~ ~ ~o~
4
ACk,iDA_ iTEM.
Ilq ~FITlqEss gq~IEREOF, th~ F'rrm mx1 th~ Board. haw (mc, h, ~Y, by ma
~ t)~m~ or ,g~a, l~r~nd~ ~t th~ hznd~ m~l ~mls ~ th~ dm~ and y~r Erst above
_lqdJs~ ~---
R~~. a CO.~E-rr~ ,
Ira: P~
Al'rEST
DWIGItT BROCK.
BOARD OF COUbrI'Y COM2MISSIONERS
COLI..IE~ COUlqTY, FLORIDA
By:
B~rbara B. Bm'y, CEMrman
Approved
V/nce~,4-. Ca~ero
Community D~,clopmcnt &
Envimnmm~ S~zvic~s
5
AUG 4 i~=33
SUMMARY
RECOMMENDATZON THAT THE ~OARD OF COUNTY COMMT~SSZONERS AUTHOR32E
STAFF TO RETAZN LEGAL SERVZCF-.S TO ASST. ST ZN THE PREPAP. AT~ZON OF
COMPREHENSZVE PLAN AMENDMENTS REGARDZNG DENSTrY REDUCTZON.
.~.~,c~[~..To retain the legal services from the law firm of Robinson & Cole, LLP and Dr.
3arnes Nicholas from the University of Florida to asstst in the development of amendments
to the Com~ Plan regarding denstty m-Juc~on, . i'~;,~-....
,' X;i>~, ,
' Program' f~:~5.t~,ed In'mind around the Immokatee Urban Am~a, and'an economic ana~,m~;-.~,
proposed changes 'n density. The economic anaysts should contain an account of
effects the propes4~ denslW reduction may have on housing mvaIiablllty and costs, as .well
as the ~e lmp~ o~ decreased housing units on other infrastructure needs. If the.:
costs were to exceed $15,000 staff was to return to the Board for ~urther discussion.
~:oNSZD'ERATZO,'~S:'.· The assistance of consultants Is necessary in order to p ~:.,
amendments that are legally defenslble I'.~.light of posslble challenges that the County may
encounter. The Private Property PJghts Act In Florida Is ~eg~slaUon wlth very li~e history in
terms of c~ses that have been fuIiy lRigated through the Judlcia) system. Therefore, It is
important that the County him )nd)vlduaIs that have slgniflc~nt exper'rise in thls
~" ':':
C nW reta , the of the nrta of
m m ~~ ~~~ ~ S~tn takJn~s isgue andpartidpants Inthe:,~~;"'"
development of ~uc:ces~ul transfer of development fights programs in New York, N~i.'"
Jersey, Monrc~e/and Miami-Dade County, Florida. The resumes of the attorneys wl~!~J~
firm of Robin,~on and Cole are attached for your review. Two of the attorneys t~at Will.,.
consult with the County are Dwight Merrtam, AtCP, and Brtan Blaesser. Both are pla~e, rs
as .eJ, as~t~.~ w~h extensive experterme ranging from i:~'~pari.ng briefs
Stat~s SuPra. CouP. on land.uses on..be, hal.i"of the...Am~rtcan Plannl.n,g
Discretional,Land Us~: Conb'o~;. ' ' ' . .. · .],
Dr. James Nicholas from the Llniver~tW of Florida ha~ aLso sp~alized in economtc
studies and the deve~pment of tr~r of develoi~nent rights pr~rams, tie.has
with Rc~~nd.... Cole.in. U~e duwe~o~ of many'of these programs. ·;;~ :::~'"' ..
;. :~,...'.. ', ..
Both Rob ..h'~]?.~nd O~ and Dr. ;..Jmes ,ichola~, 'have agreed to.aSsist ~e Coun, ty{:~ ~2~_:::.:;.; .·
~he Board o~iCoun~ .~nmis~oners. The cost of both consul:ants wi, range rmm~....~
to $~o,0O0 '~a~ ~. ' .... -~-'
· .~. . i' · . '. ; .'~,~V~.,~ ....
· ~Row~it ~A~kr~z~rr ~4p~clr:, T~e. propose' amendments to ~he Compre~.~_ ,,~ ~.n
given ~ .t~..__~-_. _~ ~,OEk:aUo~ of the Prfvat~ PrOp4r~ PJght$ ~ "~-~t"
'.' .-: ':' .~.,~,.-,,,,':~'...~ ..... ' ; ..'-:: ..':,~.'~..-..,':.~z-~".,~:.:.~...'..'..:;:,t,:' '-" --- :'1 "-'L"~ .~,~.~.'~c.
..' '.'.'-' '-;-.d~';;..;,'?~"~';E.:~.'- ~.. ,:~>:-.'~4%,-;.:;.-"~.i,:~ ::"~'2:]:-i-' · -. : . /, ~:~..~.""'
,. ~ -' ,,:.~.,:;..-'...-.-~-~'*~,...X.~¥':- -,:. ~. ,.~-....:,~,~:.,,-. -,-:.:.:.'~ ,'~ ...'.~-:'.- . Y/ - , .' '1 <-~;.;~.-.'~.-'\.
.... : -':;; .;:- ,-~.~.-.~: -. · '."-"',' '.'" ' · '-.". ..~.' - ,: ' ~ ,,.- · ;'.',.~.,~"r,~.:x;-. '
· . .\..;:...,:~./~.~y~, ..... ~:~...~...:;..,...~-., '..':,,.t,.-. r,-_- v
............. . ......~: .....:.?.:.~ .., ... . .,.-.~~
~ ZMPACr: To prcx~ with retaining ~e I~al ~1~ of ~bl~n a~ ~ a~
Dr. 3a~ N~, ~e ~rd would ~ a ~N~ ~ ~1 ~m~Ufl~ a~ a~~
~ pm~m a ~ a~ndment ~m Fund Z[3 ~e~ no~ ~ ~ $60,~0 plus
~~. ~ ~e ~nds ~a~ am s~dfl~ily ~e~ed for ~ am ~m developmen~
m~i~ f~, ~r ~n building pe~t~. ~e issu~ ~at will ~, snd have ~n, ana~ed
~ ~ff am dl~ m~t~ ~ developmen~ mv~w. ~, a ~o~1 n~s ~ ~~
~ of ~ ~ a~ ~e pm~ ~dy.
I~ECOMHENDAI'XON.' That the Board of County Commisslon~rs approve a waiver of formal
com~ in order to retain the legal servtce~ of Roblnson and Cote and Dr..]ames--
Nicholas to assist In the pmparatJon of amendment~ to the Comprehenstve Ptan and-,~or .~aff.~
to prc4~re the necessary bu.dget amendments. . f' ..' :-..-.
Compmhen~ve Planning $~tion
Rob/~:.~. Mulhere, AiCP, Director ....
Pla_nDl~g .Services/~,,~Department.. . ·
EXECUTIVE SUM~LARY
DEFERRAL OF ONE HUNDRED PERCENT OF THE IMPACT FEES FOR A 240 UNIT
AFFO~ABLE HOUSING PROJECT TO BE BUILT BY A FLORIDA LIMITED
PARTNERSHIP, KNOWN AS WHISTLER'S COVE APART1M"ENTS AFFORDABLE
RENTAL UNITS, AND SUBORDINATION OF I,IEN.
'I'o have the Board of County Commissioners at, prove deferral of the Library System Impact
Fees, Parks and Re,,,"reational Impact Fees, Road Impact Fees, Emergency Medical Services Fees,
Water Impact Fees, Sewer Impact Fees, and Educational Faciliti~ Impact Fees for 240 units of a
240 unit rental affordable housing project to be constructed by Affordable/Whistler's Cure, Ltd.
CONSIDERATIO~,~:
O~ December 18, 1997 AffordableFW'histler's Cove, Ltd. filed an impact fee deferral application
to provide for 240 dwelling milts to be rented by tenants with incomes not exceeding 60% of
merlian household income for Collier County.
llader the Terms of the impact fcc waiver and deferral ordinances Affordable/Whistler's Cove,
1.trL is eligible for the following impact fcc deferrals:
a) Library System Impact Fee~ $ 185.52 $ 43,324.80
b) Road Impact Fe~
(192 - 1 & 2 Story Units) 952.00
( 48 - 3 Story Units)
935.00 227,66400
c) Parks & R~on Impact F~es
Community Parks 399.00
Regional }'~rks 179.C0
d) Emergency Serv~ce~ Impact Fees 2.t30
e) Sew~ Impact Fees 1,340.00
0 Ware-: Impact F~ 900.00
g) Scht~)l Impac; Fees 827.00
95,760.00
42,960.00
480.00
321,600.00
216,000.00
TOTAL AMOUNT IMI~ACT FEES DEFERF~ED
$1,141,236.80
Impact fees totaling $1,141,236.80 would be deferred until February 15, 2005. These impact
fees would be repaid and available in the appropriate impact fee funds for the fisca! year 2005
budget. The propo?,ed fiw..al impact fee deferral is not budgeted. On March 30 1994 impact fee
ordimances were ~"ncm't~ to not require rcimburscmen! 1o the. impact fcc funds f¢;r - "
Ho~sing Impact F~ Deferrals granted for a six year period.
AUG 0 4 1998
Execmivc ~unmu~
Whistler's Covc Aps~m~ts
Pag~ Two
.GROWT~ MANAg~:~ELIZ~._ACIT:
Defaxal of impact fees wiLl providc relief to a developer of housing for very low and Iow income
fami/ies in comph~ with Policy 1.5.2 of the Housing Element of the Growth Management
Plan.
The Board of County Commissionem approve the deferral of impact fe~s for 240 of 240 units of
Whistler's Cove Apartmeats t~ b~ built in Collier County by Affordable/Whistl~.'s Cove, Ltd.
The Board of County Commi.~ioners can delay the contribution for impact fee deferrals for up to
seven years from the date of deferral. This impact fe~ deferral is due and payable on February
t 5, 20O5.
07/21/98
~,t,~ t~ PREPARED BY:
,-, He ,Jsin~'and Urban Improvement
Date
APPROVED BY:
Date
$
7
9
I0
I!
12
RESOLUI]ON NO. 98. -----
A ILr, SOLLrr/oN O1~ ~ BOARD OF COUNTY
COI~IMI~IONF~RS, COLLIXR COUNTY, ~O~A
A~O~G ~ DE~ OF
~S~ ~A~ ~ES, ~ ~ ~C~A~ON~
FA~.~ ~A~ ~, ROAD ~PA~ ~ES,
WA~R ~ACr ~E~ SE~R ~A~ ~ES,
E~RGEN~ ~DIC~ SER~$ ~AC~
~ ~ EDUCA~ON~ FA~S SYS~M
~A~ ~ FOR ~S~ER'S CO~
A ~ ~ A~~ ~ HOUSING
PRO~, ~ S~~A~ON OF L~N.
14 WHER.EA~, Collier County Ires r~ogMzed and attempted to ~ the lack of adequal¢ and
15 affordable houxiag for moderat~, Iow, and very low income household~ in Collier County and the
16 _need__ for crm~ve and innovative prograau to azzi~ in the pro'da'ion of such houzMg by including
I'~ several provi$iona in the Collier Cotmty Growth Management Plan, including: objective 1.4,
Ig policy 1.4.1, objective I.:5, policy 1.5.2, policy 1.5.3, policy 1.5.4, policy 1.5.5, policy 1.5.6;
19 object 1.6, policy 1.6.3; objectiv~ 2.1, policy 2.1.I, policy 2.1.2, policy 2.1.3, policy 2.1.5, and
20 policy 2.1.6 of the Housing Element; and
21 'f~2'iZ'REAS, Affordablea'WlxLgtler'$ Cove, Ltd. will undertake the development of
Whilaka-'$ Cove Apartmentx, · two hundred and forty (240) unit affordable rental houshag
23 commlmity ou a $it~ located in Collier Counq- Florida, of which Affordable/Wh~tler'a Cove,
24 Lld. i$owr~r;, and
25 WH'EREA~, on December Iii, 1997, an application waz flied with the County
26 Administcltor for the deferral of Collier County impact fees for the Whistler's Cove Apartment
27 eori~tte~ with the requirements ofth~ Cotmty impact fee ordinances; and
28 WHEREAS, in accordance with $~-'fion 3.4 ofthe Librm'y System Impact Fee Ordirmace.,
29 ~ No. 85-97, as mended; Socl~on 4.0:5 of the Parks and Recreational Fa¢ilifie~ Impact
30 Fee Ordhmlme, Ordinance bio. $g-96, aa ~maended; Section 3.04 of the Road Impact Fee
31 Ordin,tr~ Ordinance No. 92-22, aa amez~cled; Collier County Ordinance No. 90-86, as
32 ~rn?aded, the ColLier County Water Sy,m:ra Impact Fee Ordinance; Collier County Ordingnce
33 No. 90-S7, as amended, the Collier County Sewer System Impact Fee Ordinance; Section 3.05
34 of the Emergency Medical Servicea Sya~.'m Impact Fee Ordinance, Ordinance No. 91-71, as
35 mended; a.m~[ Section 3.05 of th~ F.~lueational Facilities Sy:tem Impact Fee Ordinance,
AUG 0 4 1998
I Ordimrt,~ No. 92-33, aa am~ aa applicant may obaxin a deferral of one hundred
2 (l~fi) of ~ f~ ~ a ~ of~ (~ y~ ~ quali~ng for said delhi; and
3 ~~, ~'~ ~ve ~~ h~ q~ifi~ for ~ impact' fee def~l
4 ~ ~ foll~g ~ ~ ~ ~bI~l~'s Cove,
$ ~ ~ ~el~g U~t ~ ~ ~ ~t r~id~ of~e ~c~t~t.
6 B. ~ ~Id ~g ~ ~cl~g Unit m~t ~ve a v~ Iow or low income l~el,
7 at ~ ~~ of~ l~ld ~ d~fion ~f, ~ ~t ~ ~ ~
9 ~n ~c ~lc ~g ~del~ ~b~sh~ in ~c A~ic~ to ~e
I 0 ~fivc ~ F~ ~~.
II C. ~ ~el~g UMt ~ ~ ~le f~ at l~ fi~e~ (15) y~ ~om ~e
12 ~fi~of~~~.
13 1. ~ ~ of ~ C~ ~cby ~o~ ~ defe~l by Colli~ Co~ of ~e
14 fo~g ~ f~ ~ ~ ~ ~ ~low for ~c ~o h~ ~d fo~ (240)
15 ~:~le ~Mg ~ ~ ~ ~e~ ~ ~o~l~stl~'s Cove, Ltd. ~ id~fifi~
16 ~3it
17 F. mrJLI2all Each_I/ail 240 unt~
18
19 a) LibrarySy'a~nlmpactF~ $ 185.52 $43,324.80
20
21 b) RoM ~F~
~ (1~ - 1 & 2 S~ ~) 952.~
23 ( ~ - 3 S~ ~u) 935.~ 227,~.~
24 c) P~ & ~~ 1~ F~
25
26 ~~ P~ 3~.~ 95,7~.~
27 Re~ P~ 179.~ 42,~.~
28
29 d) Em~g~ ~ ~ F~ 2.~ 4g0.~
30
31 e) ~ ~Fe.a ID40.~ 321,~.~
32
33 ~ W~~F~ ~.~ 216,~.~
34
35 ~ ~I ~F~ 827.~ 19~.480.~
36 '
37 T~ ~O~ ~A~ ~ DE~D $I,141~3630
38
:39 2. A)h wmplL~r~ w/~h fl~ la. OVi.~ion of th~ Collier County iml:aCt f~ ordinance,
40 Affo~lable/Whisfler's Cove., Ltd. has d~mmslzaled to the Cotmry that a ~ubordination o f the
AUB 0 4 1998
· I0
II
~ 12
14
18
21
26
27
. :29
Coum3r's fights, int.-tm md li~ i~ ~ to obtain financing for ~ ~'s ~ve
~~ m ~ ~g ~j~ ~il~g of ~'o h~ ~ fo~ multi-
~ly dwe~g ~ ~
B) In ~1~ ~ ~ ~ of~c ~p~t f~ o~n~c~,
~ Co~ ~ ~ ~ ~e fo~ of c~h ~d a c~h cquiv~=t fin~ci~
~t pay~le ~ ~ ~ which wg~ 'Mll ~eld to ~e Coun~ fi~e ~ll ~ount
of U~ def~ ~ f~ Lc., ~e ~ of One Million
~ Two H~ ~-S~ ~ ~d 80~ (S1,141236.80)
~ of~e ~ of~ def~, F~ 15, 2~5, i.e., a Unit~ S~ T~
2~, ~ ~ ~, w~ ~eld m ~o=t ~i to the amo~t of ~e def~
f~. ~ ~v~ ~ ~ ~at it ~I1 ~t negotiate ~e
def~ ~ f~ ~ ~ ~ parle p~t to ~e ~s of~e A~t for
I~/, ~f~ of ~ ~ ~a~ F~ and ~t all monws r<eiv~ by
~gofi~ of ~ ~ ~l ~ ~ m ~e pa~t of ~d def~ imp<t f~
~ ~e Co~ b~y ~ ~d ~a ~ ~s ~t i~ fi~u, int~ ~nd li~
~t m ~ ~~ ~ ~ ~~ to ~ li~ of~e Mortgage ~d S<~ty
A~t ~age~ ~ ~ d~u ex~l~ by ~ in co~id~tion
~ ~ ~o~~~'~ C~e, L~. to Colli~ Coun~ Ho~ing Fi~e
A~fiW ~ ~ ~ i~ M ~ ~ip~ ~o~t of up to Two Milton ~ll~
($2,~,~), ~d Fl~ ~g F~ ~o~ ~ ~e p~ip~ ~o~t of ~ to
~ ~ T~ H~ ~ ~I~ ($13,2~,~) plus
~ ~ ~~ ~m~ ~ my ~ ~bly ~ by ~d
~g~.
of~'A~mt f~ ~ of~llm ~vy ~ F~ which ~all ~ ~ ~to
AUG 0 1998
P~L ~
4
6 DATED:
8
9
10
11
12
I3
14
I5
I6
I?
I8
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
37
38
39
41
~12
43
47
48
49
$0
$1
52
53
55
56
57
58
AUG 0 4
BOARD OF COUN'TY COMMISSIONERS
COLLIER COUNq%', FLORIDA
By:
Barbara B. Berry.
County Anomey
14
1G
17
20
27
2~
3!
LE GAJ_, DESCIUPTION
TI~ subje~ propaiy b~ing 24.00 acr~, ~ located in Section 32, Township 50 SouOg and
R,~g~ 26 Fast, is ~gc'n'b~ as:
Ail lhat p~"I of Section 32, Tow~hip 50 South, R~ge 26 East, lying North and F~, of the
T~mi,~mi Trail ('U.S. Highway ,~1), Colli~ County, Florida., LESS AND EXCEPT a p~r. el
described as follo-~s:
Beginn~g ~t thc in--on ofth~ North ~ of said $cciion 32 w/th thc North~.aslcrly rigt:~-of-
way line cf the Tam/ami Trdl (U.S. Highway 41), nm North 89'$7'30" East I~g.80 fce~ along
thc said North lire ofS~ct/on 32; th, mc~ ,%uth 5g°!1/'30' West 147.09 fcct to thc uid right-of.
way Erg thence North 30'31'30" W~t 100.,)0 feet gong uid right-of-way l/nc to ~ po/m of
AUG 0 4:
AGREEMENT IrOR 100% DEFERRAL OF COLLIER COUNTY IMPACT FEES
This Agreement for the Deferral of Impact Fees entered into Otis of
1998, by and between the Board of County Commissioners of Collie;: County, Florida,
hereinafter refrcred to ~s "COUNTh" and M£ordable/Wt:fistler's Cove, Ltd. hereinafter
referred to as "OWNER".
WHEREAS, Collier County Ordinance No. 88-97, as mended, the Collier County
Library System Impact Fee Ordinance; Collier County Ordinance No. 88-96, as amended, the
Collier County Parks and Recreational Facihties Impact Fee Ordinance; Collier County
Ordinance No. 91-71, as mended, the Collier County Emergency Medical Services System
Impact Fee Ordin,xnce; C. oilier County Ordinance No. 92-22, as mended, the Collier County
Road Impact Fee Ordinance; Collier County Ordinance No. 90-86, as mended, the Collier
County Water Syatera Impact Fee Ordinance; Collier county Ordinance No. 9¢87, as
mended, the Collier county Sewer System Impact Fee Ordinance; a~d Collie? County
Ordinance No. 92-33, as amended, the Collier County Educational Facilities System Impact
Fee Ordinance, as they may be further amended from time to time hereinafter collectively
referred to as "Impact Fee Ordinance", provide for deferrals of impact fees for new
owner-occupied dwelling units qualif)'ing as affordable housing; and
WHEREAS, Affordable/Whistler's Cove, Ltd. is the duly authorized with Todd L.
Borck as President; and
WHERF~, Aff.>rdable/~qfistler's Cove, Ltd. has applied for a deferral of imp.act
fees as required by the Impact Fee Ordinance, a copy of said application is on file in the
Housing and Urban Improvement Department; and
WI-[E~, the County Administrator or his designee has reviewed the OWNER's
application and has fotmd that it complies with the requirements for an affordable housing
deferral; ofimpact fees as established in the Impact Fee Ordinance; and
AUG 0 4 1998
WHEREAS, thc impact fee, dcfezral shall be presented in lieu of payment of the
r,-,,quisite impact fees subject to satisfaction of all criteria in the Impact Fee Ordinance
qualifying the project as eligible for an impact fee defex~al; and '~
WHEREAS, the COUNTY approved a dcfeixal of impact fees in the amount of One
Million One Hundred Forty-One Thousand Two Hundred Tt~ry-Six Dollars and 80~00
($1,141,236.80) for six years from date of certificate of occupancy for ~,'histler's Cove
Apartments embodied in Resolution No. 98- , at its regular meeting of
WHEREAS, the Impac~ Fee Ordinance requ/res that the OWNER enter hat:: an
Agreement w4th the COUNTY.
NOW, THEREFORE, in consideration of the foregoing recitals, the parties covenant
and agree as follows:
I.
RECITALS INCORPORATED. The foregoing recitals are true and correct and shall be
incorporated by reference herein.
2. LEGAL DESC'R/FrION. The legal description of the dwelling units (the "Dwelling
Unit") is attached hereto as Exhibit "A" and incorporated by reference herein.
3. TERM. OWNER agrees that the Dwelling Unit shall remain affordable and' shall be
offered for rent in ac.c. ordance with the standards set forth in the appendix to the Impact
Fee Ordinance for a minimum of fifteen (15) years commencing fi.om the date a
certificate o£occupar, my is issued for the Dwelling Unit.
4. REPRESENTATIONS AND WARRANTIES. OWNER represents and warrants the
following:
a) The Dwelling Unit shall be the permanent residence of the occupant/tenant.
b) The household renting the Dwelling Unit must have a very Iow or Iow income level,
at tl~e comraencemeut of the leasehold and duration thereof, as that term is defined in
the Appendices to the r~pective Impact Fee Ordinances and the monthly rent must be
2
AUG 0 ~: 1998
within the affordable housing guidelines established in the Appendices to the
~v¢ Impact Fcc OrdinallCCS.
c) The Dwelling Unit shall remain affordable for at least fifteen (15) }eats from ,he date
the ca'tificatc of occupancy was issued.
SUBSEQUENT RENTAL OR TRANSFER. If OW'N'ER rents the Dwelling Unit
subject to the impact fcc deferral to a subsequent renter, the Dwelling Unit shall be refuted
only to households meeting the criteria set forth in the Impact Fee Ordinance. The impact
fees deferred shall be immediately repaid to the COUNTY upon the discontinuance of
use of the Dwelling Unit as affordable housing, or six years from the date such impact
fees a~e deferred, w'kichevcr occurs first. OWNER agree~ that evcn though thc imp~t
fees have been repaid to the coLrl'rrY, the OWNEP, will utilize the Dwelling Unit for
affordable housing for at least fifteen (15) years from the date the certificate of occupancy
was issued for the Dwclling Unit.
LIEN. The deferred impact fees shall be a lien upon the property which lien may be
foreclosed upon in thc event of non-compliance ~vith the requirements of this Agreement.
The COUNTY acknowledges and agrees that:
(a) In compliance with thc provision of the Collier County Impact Fee Ordinances,
OWNE~ has demonstrated to the COUNTY that a subordination of the County's
fights, intcicsts ~nd lien is necessary to obtain financing for Whistler's Cove
Apartments, an affordable housing project consisting of two hundred forty (240)
units; and
Co) In comp]mnce with the provisions of the Impact Fee Ordinances, thc OWN'ER. will
deliver to duc COUNTY substitute collateral in the form of cash and a cash eq~.Livaient
financial ~cnt payable to the County wkich together will yield to the COUNTY
the full amount of the deferred impact fees, i.e., the sum of One Million One
Hundred Forty-One Thor,sand Two Hundred Thirty-Six Dollars and 80/100
($1,141,236.80) at thc exph"ation of the period of the deferral, Febr,aary 15 200~~.)
AUG 0 4 1998
a United States Treasury Z~o Coupon Bond which will mature at thc end of the
deferral period, February 15, 2005 and, upon maturity, would yield an amount equal
%
to the amount of the deferred fees. COUNTY covenants and agrees that ft will not
negotiate the bond unler~s and until the defc-'rred impact fees become due and payable
pursuant to this al,recruit and that all moneys received by negotiation of the bond
shall be at~li~ to the payment of md deferred impact fee obligation owing by
A. fford~le/Whi~ler's Cove, Ltd.
(c) The County h~eby covenants and consents and agrees that its tights, interests and
lien pursuant to this agrecu-a~t shall be subordinated to the lien of the Mortgage and
Security Agre. eracnt ("Mortgage") and other documernts executed by OWNER in
comsiderafion th~vzwith from Afford%lc/Whistler's Cove, Ltd. to Collier County
Hotming Finance Authority, or other prinuary Imders in the principal amount of up to
Two Million Dolla~ ($2,000,000), and Florida Housing Finance Corporation in the
principal amount of up to Thirteen Million Two Hundred Thousand Dollars
($13200,000), plus accrued interest and all advances authorized under the provisions
of such mortgages. The COUNTY will execute such subordination agreements as
may be rca.,onably required by ~aid mortgages.
7. ANNUAL REPORT. Annually, the OWNER of the Dwelling Unit shall provide to ',.he
County Manager an affidavit of compliance w/th the affordable housing quahfication
criteria and standards set forth in the Impact Fee Ordinance. Said affidavit must be filed
within thirty (30) days of the anniversary date of the issuance of the certificate of
occupancy. If the income of any unit renter which originally qualified as low income
l~vel a~ d.'..fined in the respective Appendix to the Impact Fee Ordinance increases by
more than forty ~t (40%) above the low income level d~cfibed in the appendix,
then the per unit deferred impact fee on the non-compliance unit shall become
immediately duc and payable by OWNER or, in the alternative, the OWNER shall have
4
AUG 0 4 1998
n/n~ty (90) days to comply with thc Affordable Housing guidelines set forth in thc
respective Appendic~.
8. RELEASE OF LIEN. Upon satisfactor~ completion of thc Agreern~'rcquirements, and
upon payment of thc deferred impact fees, the COUNTY shall, at the expert..;2 of the
COUNTY, record any nec~sary documentation evidencing such payment, including but
not lknited to, a releat~ of lien.
9. BINDING EFFECT. This Agreement sl,~all be binding upon the parties to this
Agreement, their heirs, successors and assigns. In the case of sale or ta'ansfer by gift of
the Dwelling Unit, the original OWNER shall remain liable for the impact fees deferred
until said impact fees are paid in full.
10. RECORDING. Thiz Agreement shall be recorded by OWNER at the expense of
OWNER in the Otticial Records of Collier County, Florida within sixty (60) days after
execution ofthi~ Agreement by the Chairman of the Board of County Commissioners.
ll. DEFAULT. OWNER shall be in default of this Agreement (I) where OWNER fails to
mt the property in accordance with the affordable housing standards and qualification
criteria established in the Impact Fee Ordinance and thereafter fails to pay the impact fees
due within thirty (30) days of notice of said non-compliance, or (2) where OWNER
violates one of the affordable housing qualification criteria in the Impact Fee Ordhnance
for a period of fiftoen (15) days after notice of violation. However, with respect to the
Annual Re-port, OWNER shall not be in default of this Agreement until a fiP~een (15) da)'
grace period from the due date of the report has lapsed in the event the OWNER is in
default.
12. REMEDIES. Should the OWNER of the property fail to comply with the said
qualification criteria at any time during the fifteen (15) year period or should OV~'ER
violate any provisions ofthis Agreement, the impact fees deferred shall be paid in full by
OWNER within thii~y (30) days of said non-compliance. OWNER agrees that the impact
fees deferr~ shall constitute a lien on the property commencing on the effec~
this agreement and continuing until paid. Except as set forth in Section 6, such lien shall
be superior and paramount to the interest irt the Dwelling Unit of any owner, lessee,
tenant, mortgages, or other person except the hen for County taxes an~I shall be on parity
with the hen of any such County taxes. Should the OW'NER be in default of this
Agreement and the default is not cured within thirty (30) days after wrinen notice to the
OWNER, the Board may bring a civil action to enforce the Agreement. In addition, the
lien may be foreclosed or otherwise enforced by the COUNTY by action or suit in equity
as for the foreclosure ora mortgage on real property. This remedy is cumulative with any
other fight or remedy available to the COUNTY. Notwithstanding the foregoing, the
COUNTY shall realize upon the collateral given to it by OWNER as described in Section
0c prior to exerciskig any fights to recover against property. The Board shall be entitled
to recover all fees and costs, including attorney's fees, plus interest at the statutory rate
for judgments calculated on a calendar day basis until paid.
h"q WITNESS Wtt2EREOF, the parties have executed this Agreement for deferral of Impact
Fees on the date and year first above written.
(2) Witnesses:
Print Name.
OWNER:
AFFORDABLF_JWHISTLER'S COVE, LTD.
By: WHISTLER'S COVE, INC. Its General Partner
Todd L. Borck, President
DATED:
ATTEST:
DWIGHT E. BROC~ Clerk
COLrNTY:
BOARD OF COUNTY COM~ilSSIONERS
OF COLLIER COUNTY, FLORIDA
BY:
Barbara B. Berry, Chairman
6 AUG 0 4 1998
Approved ~ to form mci
Heidi F. Ashton
Assistmt County Atmm~
STATE OF FLORIDA
COUNTY OF ,~ ~"~
.,3ot_T~e foregoing im'mm~ent was acknowledged before me this J;~,Cday of
,1998 by Todd L. Borck, President of Whistler's Cove, Inc., General-"--Partner of
Affordabte2Whi~er's Cove, Ltd. on behalf of the Partnemhip. ~?_ispersonally known to me
or has produced qj¢- (type of identification) as identification.
Name of Acknowledger Typed, Printed or Stamped
7
--
APPENDIX "A'
LEGAL DESCRIPTION
Thc ~ubject property being 24.00 acre~, and lock, ted in Section 32, Towr~hip 50 South, and
Range 26 East, is describ~ as:
All that part of Section 32, Township 50 South, Range 26 East, lying North and East, of the
Tamiami Trail (U.S. Highway 41), Collier County, Florida, LESS AND EXCEPT a parcel
described a~ follows:
Be~nnlng at the intemetztion ofthe North line of said Section 32 with the Northeasterly fight-
of-way line of the Tamiami Trail (U.S. Highway 41), nm Nor'& 89~57'30'' East 188.80 feet
along the ~aid North 1/ne of Section 32; thence South 58°18'30'' West 147.09 feet to the said
right-of-way line; thence North 30°31'30'' We~t 100.00 feet along said right-of-way line to
the point ofbe~'rmlng.
AUG 0 1998.
EXHIBIT
AUG 1998
EXECIXFIVE SUMMARY
AUTHORIZE TKE COUNTY ADMINISTRATOR TO ENTER INTO AN
AGIZF~k'iMENT WITH THE FLORIDA DMSION OF FO~Y TO RECEI~q~-~ A
GRANT TO REPRODUCE AND DISTRIBUTE COPIES OF THE COUN3~"S
EXOTIC ~ BROCHURE
Authorize tl~ County Administrator to enter into an agreement with the Florida Division of
Forestry to receive a grant to reproduce and distribtne copies of the County's Exotic Plant
Brochure.
coNsrDm ,
The Florida State Division of Fore,str)' is receivivg lm'oposals to fund local projects through
the Urban and Community Forestry grant funds provided by the U. S. Department of
Agriculture. The attachexl proposal requests $1,080 of grant funds to modify, reproduce and
distribute Collier C.o,mty's exotic plant brochure to homeowners associations. The County
is proposing $1,130 of staff time as in-kind sm'vices for the required grant match.
The clements of tkis proposal include:
1. Minor revifions to the existing brochure, including advertisement of a Collier
Website ;hat will contain more information.
2. Reproduction of 1500 lxochtnr, s.
Mail out a copy of the brochure to homeowner associations and offering of
presentations by (k~mty staff to inform homeowner assc~'iafions of their
responsibilities.
Creation of an Inva.~ive Exotic Plant Website ideatifying:
a. What a~ inva~w: exotic plants,
b. Why a,'e invasive exotic plants a problem,
c. What tz.~meowmrs can do to control invasive exotic plants,
cl. A list of frequently asked questions and answer& and
e. Related Website Links, including links to Florida Division of Forestry and
U. S. D. A, Forest Service.
The grant requires that the local governing body adopt a resolution authorizing an executive
officer to apply for the grant and enter into a Memorandum of Agreement ('MOAllobe~n.
the project A fuUy executed Memorandum of Agreement and authorization to b~g4n
project is not e~"te, d ~atil lmlial~./O!r Febn~ry 1999.
']' fiUa 0 41998
FISCAL IIViPA C]':
The total co~t of the project is $2,210 of which $1,050 axe requested in grant funding. In-
kind servicer of $1,I30 will come from existing personnel budgeted in the Natural
Resources Department (001-178980). The proposal has been prepared so that no new
County funds are needeck If the county receives the grant funding, a budget amen&.~ent will
be needed for the FY 98/99 budget to recognize revenues md increase oF, crating expends by
$1,080. Implementation is not expected until January or, February of 1999 when the MOA is
executed.
GROWTH lk ~L4~A(~E, ,5~. HT EV[PA~.._
This proposal suplx:,rts Goal G of the Conservation and Coastal Management Element which
states that "the County shall identify, protect, conserve and appropriately use its native
vegetative communities and wildlife habitat."
That the Board of County Commissioners authorize the Chairman to sign the resolution
authorizing the County administrator to enter into an agreement with the State Division of
Forestry for an Urban and Community Forestry Grant and approve the necessary budget
amendment~ as outlined above.
Nam~l Resources Department
Vincew A. Cautero, AICP, Adminis~aor
Community Development & Environmental Services Division
Dam: 7-El- !),g
AUG 0 4 1998
9
11
12
13
15
17
20
21
22
~4
~6
27
32
~7
42
45
47
4.0
$1
$2
$$
57
A RESOLUTION BY THE COLLIER COUNTY
BOARD OF COUNTY COMMLSSIONZRS TO
ENTER INTO AN URBAN AND COMMVI~TY
FORES'IRY GRANT MEMORANDUM OF
AGREEMENT WlTIt THE STATE OF FLORIDA,
DEPARTMENT OF AGRICUL~ AND
CONSUMER SERVICES~ DIVISION OF
FORESTRY.
WHEREAS, inv-~'ive exotic wga,~on such ~ Melale..w.a, Braz/lian P ?,'~cn' and
Aus"sa~ pine po~ z ~n'iou~ thr~tt to the unique ~ of Colli~ County;, and
WEEREAS, Collkr County d~ims to make the public awar~ of the ckr~t fi-om
im, asive ~otic vegetation; and
WltEREAS, Colli:r County d~ms to apply for :m Urban ~nd Communhy
For~'y Grant which would provide monies to modify, r~:~duce aad d~,%u~ iu
btx)chur~, "Exotic Plant R~novaI"; and
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COI.;-NTY
COM~IISSIONERS OF COLLIER COUNTY, FLORIDA that
I. Collier County svpporu the d~velopm~mt of aa ~uc~fional program to make people
awa~ of the Ia'obl,m and contzol of invasive exotic vegetation; and
2. The Board ofCounW Commizsioner~ authofi2x the County Admin;m'a.mr to enter
into an Urban ~ud Community Fore~'try Grant Memorazdum of Am'~emmat be:ween
Collier County, Florida and the Florida Department ofAgficultur~and C~er
This Resolution adopt~ al'm- motion, s~:ond a~l majority vote this · 1998.
day of
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COlIN'IT COhE~rlSSION'ERS
COLLIER COUI~'rY, FLORIDA
By:. By:.
Deputy Ck'rk
BAKBAP. A B. BERRY, CI-LM.-q,.x, LMN
AGENDA,,ISE Id ,
0 998
EXECUTIVE
THE BOARD OF COUNTY C~ER8 APP~tOVE AN EXTENSION TO THE TOURISM
ADVER'IlSlNG AND PROMOTION AGREEMENT BETWEEN COLLIER COLJNTY AND
_IStJ~D_ _ CH~Iffi~R OF C~E,, !1~ .
OBJEC'I1VE: To have the Board of Coumy Cornmissionem approve an amendment to the
Tourt'm~ Devek~ Adv~ and Pro~= agreement between Co~er County and Marco
laland Chambm' Of Commerce, inc., by extet~ lhe agm~ernent from August 5, 1998 to
Seplember 30, 1998.
C(~ISIDERATIOIIS: On August 5, 1997, the Board of County Commissioners entered imo an
agreement with the Grantee to advertise and promote C~ier County tourism. The current
agreerrm~t is slated to expire 8/5/98. The grantee desires to extend the agreement to September
30,19~.i8. The Tourism De'vek~ Counci wi~ be con~dng this amendment at ~ mee~ng on
Ju~j' 27, 1998.
IMPACT: The amount of the Grantee's budget will remain the same.
GROI,~.'q'H MANAGEMENT iMPACT: None
R~DA'~: That the Board of County Commissioners approve the extens',on to the
agreement and authorize the Cl'mirmen to sign an amendment to the agreement after it is
PREPARED BY: ~
Heleae Case~ne
Economic Development Mgr.
md Urban Impmvemem
Commur'~'y Dsv. & Envfronmental Services
Date
AUG 0 ,t 998
FIRST AMENDMENT TO 1998 AGREEMENT BETWEEN
COLLIER COUNTY AND MARCO ISLAND CHAMBER OF COMMERCE, INC.
REGARDING ADVERTISING AND PROMOTION
TI4IS FIRST AMENDMENT TO AGREEMENT, is made and entered into this
day of ,1998, by and between Marco I.~Iand Chamber of Commerce, Inc., a Flor/da
corporation, on beJulf of the Marco Island and Everglades Conveation and Visitors Bureau,
hereinafter refm'e.d to as 'GRANTEE" and Collier County, a political subdivision of the State of
Florida, hercinafler rff~Tred to as "COUNTY."
REC1TALS
WHEREAS, the COUN'I~ and thc Marco Island Chamber of Commerce, Inc. entered
into a 1997 Tourism Agreement dated August 5, 1997 (thc "Agreement") in the mount of
~36,8000; and
WHEREAS, the Marco Island Chamber of Cornmerce, Inc. has requested an extension to
thc tzrm of thc Agreement; and
WHEREAS, the COUNTY agrees to the requested extension.
WITNESSETH: ,,
NOW, THEREFORE, BASED ON THE MIYI'UAL COVENANTS HERBEq AND
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
I. Section 14 to ~h.c Agrccment shall bc dclctcd in its cnth~ty and re~sl;~.d with thc
followin§ language:
2~7.I~: This Agreement shall become cff~cfiv¢ on August 5, 1997 an~ shall remain
cffectiv¢ until Scpt~'rnber 30, 1998. Any funds not ~I by GRANTEE during the term
of this Agr.~',maent and any extension thereto ~hall be available for future appHcants.
Except as set forth herein, all of the terms and provisions of the Agreement shall
r.mnain in full force and effect.
AUG 0 4 ]998
IN WITNESS WItEKEOF, the GRANTEE and COUNTY have each respectively, by an
~uthoriz~ pon'son or agmt, hereunder r~ thch- hands and se. alz on the date and year first above
DATED:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:
BARBARA B. BERRY, Chairman
WITNESSES:
GRANTEE
Marco Island Charnbgr of Commerce, Inc.
By:.
Approv~ as to form and
legal sufficimcy .
Itcidi F. Ashton
Assistant County Attom~
(corporate ~d)
2
1998
_EXEC _U~ SUMMARY
THE BOARD OF COUNTY C~$tONERS APPROVE' A BUDGET AMEhlD'/aENT AND AN
EXTENSION TO THE TOURISM ADVERTISING AND PROI~OTtON AGREEMENT ,"4ETWEEN
O{~JECTIVE: To have the Board of County Commissioners approve an amendment to tl~e
Tourism Devetop~ Advedising and Promotions agreement beh',,een Coil{er County and V'~s~t
Naples, Inc., by approving a rme item budge~ amendment and extending the agreement from
August 5, 1998 to Sel:~w~ber 30, 1998.
CONSIDERATIONS: On August 5, 1997, the Board of County Commissioners entered into an
agreement ~ the Grantee to adve~ and promote Collier County tourism. The current
agreement is slated to expire 8/5/98. The grantee desires to extend the agreement to September
30, 1998. 'The Tourism Development Council will be considering this amendment at its meeting on
July 27, 1998.
I=E~AL I~PACT: The amount of the Grantee's budget will remain the same.
GROWTH MANAGEMENT INIPACT: None
RE~NDA~: That the Board of County Commissioners approve the line item budget
amendment and the extension to the agreement and aufl'x:,'ize the Chairman to sign an
an:endment to the ag~ after it is a~, roved by the County Attorney's Off'~,e.
EconomLc Development Mgr.
,.~~ Urban Improvement
Community Dev. & Environmental Sen,ices
Date
AUG 0 1998
lIP, ST AMENDMENT TO ! 997 TOURISM AGREEMENT BETWEEN
COLLIER COUNTY AND VISIT NAPLBS, INC. REGARDING
ADVERTISING AND PROMOTION
THIS FIRST AMENDMENT TO AGREEMENT, is made and entered into this
day of .1998, by and betw~ Visit N;~I~, Inc., a Florida corporation, hereinafter
referred to as "GRANTEE" and Collier County, a political subdivision of the State of Flor/da,
herdnaRer referred to as "COUNTY."
RECITALS
WHEREAS, the COLrNTY and the Visit Naples, Inc. entered into a 1997 Tourism
Agreement dated Augu.,"t 5, 1997 (the "Agreement') in the mount of $580,200.00; and
WHEREAS, Visit Naples, Inc. has requested an extension of the term of the Agreement;
and
WHEREAS, Visit Naples, Inc. has also requested line item changes be made in the
budget; and
WHEREAS, the requeCted line item changes are within the original total budget; and
WHEREAS, thc COUN% Y agrees to the requested changes. ~
WlTNESSETH:
NOW, THEREFOr, BASED ON THE MUTUAL COVENANTS HEREIN AND
OTHER VALUABLE CONSIDERATION, IT IS MUTUALLY AGREED AS FOLLOWS:
1. Section 14 to the Agreemcmt shall be deleted in its entirety and replaced with the
following language:
I]~:-J~[: This Agreement shall becom, e effective on August 5, 1997 and shall
remain effective tmtil September 30, 1998. Any funds not used by GRANTEE during the
term of this Agr~.~ment and any extemion thereto shall be available for future applicants.
Exhibit "A" to the Agreernent shall be deleted in its entirety and replaced with
Exhibit "A" attached to this First Amlmdment ,o Agreement. -- n~o.o~>
AUG 0 4 10~8
o
Except ~ set forth herein, all of thc terms and provisions of the Agreement shall
rcnudn in full force and effect.
IN WITNESS WltEREOF, the GRANTEE and COUNTY have each respectix qy, by an
authorized person or agent, heretmder set their hands and seals on thc date and year first above
DATED:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLOR.IDA
By:
BARBARA B. BERRY, Ch~nnan
WITNESSES:
GRANTEE
Visit Naples, Inc.
Approved as to f.,m'n and
legal su qSeien~ '
l ai Fi A hton
Ar~imt County Attorney
f:'.,t~.wf1998 TDC A~r~mt~tl~' Ame.'d ~o Vigil Na:plc~ lr~.
(corporate seal)
2
AUG 0 4
1998 PROGRAM BUDGET
1998 BED TAX ALLOCATION
$580,200
PROMOTION
Advertising
media phexanent
230,000
F'rofes~ional Public Relations Services
includes strategic planning, facilitating marketing plans,
designing l:nxnmotional materials and programs, and
mcdia liaisen sctwices
83,000
Production
includes graphic design and layout services, slide reproductions,
text translation and photog-aphy
24,200
Collateral Materials
includes the l:n'inting of des~dnation guides, newsletters and other pieces
120,000
Media Relations
i~cludes photocopies, mileage, news release production
and distribution and press excursion expenses
Travel Agent R elations Expenses
includes communications, mileage, post~ge and on-site
familiarization ~penses
35,000
10,000
Tr'ade Show Expenses
includes booth registration, supplies and travel expenses
30,000
Collaborative Efforts w/M~rco Bland & The Everglades CWB
includes familiarization trips, trade shows and joint advertising
PROGRAM EVALUATION
Market Research
includes collecting ~d assembting occupancy and visitor data
Clipping Service
9,000
2,500
ADMINISTRATION
Iasum~e
Administrative Costs
includes pogtage, telephone expemse~, mileage, subscriptions
and other office cos~
TOTAL
8,000
9,500
16,000
AUG 0 4 1998
NAPk , FLOPdDA...IT'S SIMPLY CHA YNO.
. ~ \~?.,~ ; ,',:, .... -~.. ~ '..'.' ... , ...
July 15, 1998
Mr. Greg bfihalic
TDC Coordinator/Housing and Urban Improvement
2~00 North Horseshoe Drive
Naples, FL 34104
As our am'em County corm'a~ PO #80C101, wilt be extended through September 30, 1998, I
would like to request reprogramming of funds. The reprogramming will allow us to cover our
expenditures for the rest of the fiscal year and will provide the fimding, under the category of
collateral, to ulxlme our current brochure.
Line Item Current Contract Increase/ Revised
Budgeted Amount Decrease Budget Amount
A~ver~ng 2so,ooo.oo (20,00o.oo) 230,000.00
Public Relations 123,000.00 (40,000.00) 83,000.00
Prrxluction 14,200.00 10,000.00 24,200.00
Collateral 10,000.00 110,000.00 120,000.00
Media Kelations 50,000.00 (12,000.00) 38,000.00
Clipping Service 2,500.00 N/A 2,500.00
Travel Agent Relations 20,000.00 (10,000.00) 10,000.00
Trade Shows 35,000.00 (5,000.00) 30,000.00
Collaborative with Marco 25,000.00 (25,000.00) 0.00
Market Research 15,000.00 (6,fX)0.00) 9,000.00
Accounting ~2,000.00 (4,000.00) 8,00O.00
In,,an'ance 7,500.00 .. 2,000.00 9,500.00
Administrative Costs 16,000.00 N/A 16,000.00
TOTAL
580,200.00 0.00 580,200.00
Thank you for your comide, ration of this request.
~ Director
; ,-,;b-i ..... i..,..,'%
AUB 0 4 1998
EXECUTIVE SUMMARY
BOARD OF COUNTY COMMISSIONERS APPROVAL OF A
RESTATED MORTGAGE AND PROMISSORY NOTE FOR 'HIE
SIXTY THOUSAND ($60,000) DOLt. AR LOAN FROM COLLIER
COUNTY TO THE CDMMUNITY IIOUSING PARTNERSHIP OF
COLLIER COUNTY, INC.
~ To have the Board of County Commissioners approve .the restated
Mortgage and Pr~ Note for a $60,000 loan from Collier County to the Community
Housing Partnership of Coilier County, Inc.
CON$11)EI~ATION: The Collier County Department of Housing & Urban Improvement
Ima set uide $60,000 from the State Housing h.itiative Partnership (SI-rfP) funds for a low
imerest loan to renovate apaxtment units at 4948 Biscayne Drive in Tropical Manor
Condcaminiums in East Naples. The twelve-unit complex provides affordable housing to
very-low income houaeholds. Under the Rental Rehabilitation strategy of the SHIP Local
!-Icm.~g Assistance Plan, the two &,liar match by the Community Housing Partnership of
Collier County, Inc. tbr every one dollar provided by the count)' has been achieved
through acqaxk,'ifion funding in conjunction with the rehabilitation loan. This low interest
rental reha0ilitafion loan is a strategy previously approved by the Board of County
Commissioners in the SHIP I.x~al Housing Assistanc. e Plan.
The loan to the Comuamity Housing Partnerr~p of Collier County, Inc. was previ,,usly
approved by the Board of'County Commisaioners on April 14, 1998. The resubrnission of
~s loan pac&age is necea~ry for the reconciliation c,f the legal documents to reflect the
actual intended Ixansa~oa between Collier County and the Community Housing
Parmership of Collier Coumy, Inc. The mortgage and promissory note will allow the
Caaunty to ere~re the im~rity and acao~Ui~ of the transaction as recommended by
the F'mance Departr~;.m of the Collier County C[:.-rk of the Circuit Court. ]*he
Department of Housing & Urban Improvement concurs with the recomraendatiova of the
F'mance Depat ahem as ' ) the restated language of 1,oth the mortgage and promissory
~!SCAL IMPACt: ~t~'oval of this updated mortgage and note will faciiitate the
.$60,000 loan to the Conmmnity Housing PartnerShip cf Collier County, Inc. Payments
will be wade from Fund 19I ar~ Coot Center 138785. Interest on the note shall be five
(5%) pet amaraz Prind~nl paymenta shall be deferred '?or two years and interest shall be
ar. xa'ued and capitalized to the uaxpaid loan balance. Total monthly payments ~, ;all h~
~462.79. Total payxmm~ ~ be $99,961.62. A escrow account shall be estabLisl ti at~.. ~ J
!o~ l~ding inrti~atfion to mak~ the diatribufions on the loan.
AUG 0 4 1998
Pl~:_ .... ...--
GROWTH. MANAGEMIiNT IlVIPAC~: The loan to the commUni~ ttousing
ParUm's~ of Collie. r CouP, Inc. coincides with thc goals of tt~¢ }lousing Elememt
(Ordinance 97-63) oftl~ Collier County Growth Management Plan and follows the Rental
~on progr~t ~ra~gy of the Local Hc, u.sing Assistance Plan.
RF~O~I~A_ TIO~: Thax the Board of County Comm~.oners approve the restated
~ortl~e and promissory note for the loan to the Communi~ Housing P',atnership of
SUBMI'I-I'I~D BY:
et'Housing and Uatra: ~
APPROVEDBY: ~' ~'~Date: ~'-~~'~Tp
AUG 0 i 19°o8
.0
edl~la~dm'tmlmm~T~,Onit~d~a~,~f.~r,m'~a'~wtx~e~4~'.,~a 2800 ~oz~ ~o=~e=h~ ~i~,
~les, ~o~ 34014 .
r~~~~m~~~. (xX~)~ ~ ~
AUG 0 4~ 1998
AUG 0 4= 1998
STATE ~ FLORIDA
AUG 0 A 1998
:
~($) ~ ~ ~: l~e pr~s~ ~o pay }lxty ~sa ~s (~40,000.00)
(~S ~ ~1 ~ till6 'p~ai~l') ~o ~e orbit o~ Collier C~}~ o~ ~o ~ny
~, no~ 34104. I~e ~rs~ ~ ~e ~nder ~y ~rans~er ~a
No~. ~ '~ o~ any~ ~ ~s ~s No~ by ~ransfer and ~o is en~i~l~ ~o receive
~n=s ~ez ~his Note ~11 ~ celled the '~o~e
f~i ~o ~y ~s No~ as r~, ~ ~e~es~ rl:~ shall ~ :'~lve ~:cen~ (ll%} per
a~ fr~ the ~ ~n paint of =his NOte i~ due un:il I/We pay t= in full.
~ ~r ~ ~te ~ s~e of pr~:~t ~eli~e or sallsf~c~lon of ~he firs~ ~r~
}99,9~1. ~2. '
~*l ~ ~ ~: I~e ~w ~ ri~t to ~ke pa~n~s of p~ci~l i~ any
~fore ~y are ~. A ~ of P~I o~y is ~ as a 'p=epa~n=". ~en I~e
~ a pre~n~, I/~ ~11 ~i1 ~ Mote ~older in writing =ha= I/we ~ doing ~o.
~ a ~z~al pr~t, ~re ~ ~ no c~qes in =he due dA=e or in =he ~= of my
~n~y ~n~ ~ess ~e ~ ~ol~r agrees in ~t=ln~ =o =hose changes. If I~e ~ke a
~r~al pr~n~, ~re ~11 ~ ~ proven: ~nal:y ~dher~ng :o or associated with
such pr~a~en=.
~ ~: If a law, ~ ~es ~o ~As loan a~ ~xch se~= ~x~ loan charges,
As f~y in~re~ so ~t ~ ~reft or o~he: loan char?es collected ~: :o be
co~ec~ in co~tt~ ~ ~s lo~ exce~ ~he pe~:te~ 1;~s~ then {1) any such loin
c~r~es s~ll ~ r~ ~ ~ ~t necessary to re~uce :he charges ~o the
~t; ~ (21 any s~ al~e~ collect~ ~r~ me ~xch exceede~ per,ted l~s ~11
re~ to ~/~. ~ ~ote Rol~r ~y choose ~o make ~hxs refund by reducin9 the
pr~t~t ~t l~e ~ ~r ~s Mote or by ~kln9 a ~lrec~ pa~en~ ~o ~/us.
· ef~ ~educes princt~l, ~e ~uctlon will ~ treated as a par:~al prepa~ent.
~~: ~ ~ ~r~ ac~l~9e and agree ~ha~ :i is ~ecuri~y Instr~en~
s~ect a~ s~r~te ~ a~ ~e~ts ~ ~e liens, ~e~, c~ zen~nts a~ co~txons
~ ~st ~ o~ T~t a~ ~ all adva~es heretofore ~de or ~xch ~y hereafter ~e
~nt ~ ~e Plrst ~ o~ T~t, ~st ~o~ ~ o{ rlo~i~--$200,O00,
a~ s~ advanc~ for t~ ~se of I~) protectx~ o~ ~ur~he~ securing ~he lien og
rl~st ~ of T~t, ~ de~a~ts ~ ~ ~rr~r ~er the First ~ed of T~ust or
any o~ ~se e~ressly ~t~ by ~ first ~ed o~ Tr~ or {b) constructtn9,
· ~m), r~lz~, f~ or ~ ~e Prc~rty. The te~ a~ provisions
~ ~st ~ed ol T~t a~e ~Z~t a~ controlltn9, a~ they s~rsede any other
a~ pr~ions ~r~ ~ c~l~ct ~r~. In ~he even~ o~ a ~oreclosure or deed
11~ of {o~eclos~e of ~ ~l~st ~ o~ T~st, any provlsions herein o~ any provisions
any o~r colla~ral s9~e~t rest~tct~ the use o~ the Proper~y to 1~ or m~erate
~c~ hc'mehol~ or o~he~se res~rictx~ ~e 8orr~r's abilxty ~o sell the P:operty
s~ll ~.~ ~ ~er io~e or eff~t on s~se~en~ o~ers or purchasers o~ ~he
' ~y ~rson, l~l~n~ ~s s~cessors or assx~s {o~her than ~he ~o~r or a ralAted
entity ol ~e ~rr~r), zecelv~ ~e to the Proper:~ ~hrough a ~oreclosure or de~
1t~ of lo~eclos~e o~ ~ First ~ o~ T~ust s~ll recexve title :o the Pro~rty free
a~ clea~ from suc~ restriction.
~r~er, 1~ ~e ~e~or ~en ~older aC~res title ~o the Pro~r~y p~s~nt to a deed
lieu o~ foreclosure, ~ H~ o~ ~s realty I~r~nt a~all Auto~:xcally
~n ~ ~e~or ~en ~o~'s a~sX~on o~ ~e, provid~ ~at {1} th~ ~e~ ~s been
91~ ~lt~n ~tice o~ a defa~t ~er ~ First ~ed ol Trust and {2) the ~er s~ll
~ s~h no~ice sent to ~ ~e~.
(A)
~fa~t. If I ~ in defa~t, ~ Xo=e ~older ~y br:ng a~uu any d:UaOnS not prohlbXted
~ a~c~le law ~ re.re ~/~ to pay =~e Note Holder's cos: ~ ex.rises
descr~ in {$)
{BI Pa~en~ of Note ~olde~'s Cost a~ Expenses.
If ~ No~ Rol~f ~kes ~ ac~ as descri~o above, the No~e ~olCl~ will have
righ~ 2o ~ ~id ~ck for a~ of i~ cos=s a~ ex~nses, xnclu~ng, Mu= no= l~xted
reaso~le a~o~eys' fees.
AGE --
AUG 0 4 1998
10.
12.
~C ~ f~rsC C~JI ~X1 ~ ~ ~Ce ~l~r ac ~e ad~efs J~ac,d ~n ~ec~lon 3(A] o~ ~t a
~:~ ~ f~ly ~ ~r~y ~4C~ to ~eep 411 o~ t~e pr~ses ~e xn
~, ~l a~So OD~gl~ ~ ~ ~ Of ~ P=~Jes ~de in ch~s Note. The No~e
~y ~or~ X~ righ~ ~r ~ ~o~ agli~ each ~rson i~dually or agai~c all of
~ ~e~r. ~ ~ ~= ~Y ~ of ~ ~y ~ r~Xred to pay ali of the ~ts o.~d
preJ~nt ~ ~t~ce of ~r. 'Presen~=- ~ns ~e right co re.re
Mo/Mr ~o ~ ~C of ~ d~. "No~ce of Dlsho~r" ~ea~s the right to re~lre
~ ~ ~: ~J ~e Xs a ~fo~ ~ns~r~en: wigh l~=.tUed variatXo~
~~. In ~Cion ~ ~ protection given to the Note Holder under thls Note, a
~a~, ~ of ~ or S~Xty ~ (~a 'Sec~lcy ~=s~r,~en:'), dated the ~ame date
lJ ~ ~o~, pro~ ~ ~oCe ~g ~r~ ~ssi~le losses ~Xch ~gh~ result 1~ Z/~ do
~ ~ ~ pries ~ X/~ ~ Xn ~ Note. ~aC Securzty InSOlent descr/~s
~'~ ~r ~t c~ X/~ ~y ~ r~r~ to ~ke ~e~aCe paten= 1n f~l of
ill ~ X/~ ~ ~er ~j No~. S~ of those cond~u~ons are described as follows:
Tr~fir of ~ ~rty or a ~fic/al In.rest in ~rr~r. If all or any part of the
pretty or ~7 ~resC ~ it XJ ~ld or tra~erred (or t~ a ~nefictal interest
~rr~ ~ Jo~ or ~ferr~ ~ ~rrMg 1S ~= a ~cural ~=son} ~uC
prior ~itC~ ~c, ~r ~y, a~ t~ ~on, r~re ~ace pa~enC ~ f~l or all
~ se~ ~ ~j S~/Cy ~t~t. H~er, ~s option s~ll not ~ exercl3~ by
~r if ~rctse Xs pro~1~ ~ f~ril law is of the ~te of ~s
Z~t~nc.
Zf ~ ~r=~s ~ ~, ~r s~ll g~ve ~rr~r no=ice of acceleration. ~e
~ ~ pr~ a ~ri~ of ~t less ~n t~rty (30~ days fr~ the date the notice
is ~lt~r~ or ~, ~ ~ch ~rro~r ~t pey al~ s~s secured by thl~ Set,icy
~t~=. If ~rr~r f~l ~ ~e ~e proart7 as 1~ inc~e, or if
fa~ ~ ~y ~ ~ prior ~ ~ e~iration of this ~rl~, Lender ~y invoke any
r~es l~ally ~t~ ~ ~ Se~ity X~tr~ent ~,out further notice or d~ on
~rrMz.
~~ ~ ~, ~ ~'J rl~ Co collect a~ apply CAe i~ur~ce pr~ee~
~r~r j~ ~ ~t ~ ~r~te ~ ~e rights of the Se~or ~en Holder to
coll~t ~d a~ly ~ pmcc~ ~ accor~nce ~Ch the riser ~ed of Trust.
~rrMr: C 't~ty ~g ~ar~ezJhip of CollZes Count ,
v~Jsa ~Cm, Pres~ent 7 Inc.,
~orrOl~£
Jaeon :. Swat, ~ger
2800 North aorsas~e Ort~
Naples. rlo=t~ 34104
~: (941) 403-2338 Fax: (941) 403-2331
AUt 0 i998
LrgN RESOLUTIONS - CODE ENFORCEMENT CAS£ NO'S. ?0~2-0$2/Dowe $
Morlen & Betty Morlen, 70507-043/Sven Bode, & Cathleen Moo~ker, 70521-
006/Jesus Gomez, & 70612-027/Ursula l~Laertet, 80127-011/Raymond & Debo:ah
Qtanlan.
Board to accept report ~ adopt separaIe Resolutio~ asse~iag a l~en against ',he parcels
idemifi~ in the Resolutions in order to recover public funds expended to effect the
abatement ora public nuisances at these locations, all as provided for in Ordinance 91-47,
the Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution
will lx~ mailed to th~ rcspeedve property owners, and the Clerk to the Board rill record
thc resolution thirty ~v.s ~ mailing of the resolution.
C~ No. O""er ~t Rz~%d Caae Summary Lien Amount
70502-0~2 Dowe S Morien & a. Violation det~:'~ufiaation 04/25/97 $ 245.00
Betty Morlen b. Notice of Violalion served Undeliverable
c. Verification of unabated nuisance 08/20/97
d. Nuisance abated with public funds 09/02/97
..___..__ e. Owner invoiced for costs 09/18/97
· 705074)43 SV~r~'Bode & a. ~ iola-"--~on determination 05/06/97 300.00
Cathleen Moosker b. Notice of Violation served 05/20/97
.c. Verification oftmabated nuisance 07/23/97
d. Nuisance abated withpublic funds 08/13/97
e. Owner invoiced for costs 08/22/97
70521~' Jesus Gomez' a. Vioi'~tion determi:mtion 05/20/97 245.00
t>. Notice of Violation served 05/29/97
c. Verification of unabated nuisance 07/31/97
d. Nuisance abated ~vith punic funds 08/18/97
e. Owner invoiced for costs 08/29/97
70612~27 Ursuia ltaertel' a. Violation determkmtion I}7/08/97 245.00
b. Notice of Violation served 07/11/97
c. Verification of unabated nuisance 08/I 1/97
d. Nuisance abated w/th public funds 08/15/97
e. Owner invoiced for costs 08/29/97
80217-0'il RaymOnd & Del:;orah a. Vi0'lation determination 01/26/98 245.0-0-
Quinlan b. Notice of Violation served 02/02d98
c. Verification oftmabated nuisance 02/23/98
ck Nuisance abated with public funds 03/02/9R ~
....... 03/n/,.!L
AU~ 0 4 1998
for, closure. The only cost to be incurred by ~e County i~ the cost of r~.ordilag the Lien,
which is estima~ to b~ approximately $ 35.00, and can be paid from Cc. de cn/orcemen,
account# 111-138911.
GROWTH _MANAGEMENT IMPAI2~. Not applicable.
RECOI~EMENDATION
That the Board of County Commissiongrs adopt the attached Resolutions.
PREPARED BY:
Code Enforcement
REVIEWED BY:
ent
REVIEWED BY:
Michelle Edwarch Arnold, Director
Code Enforcement
DATE:
Community Dev. & Environmental Svcs.
CSce 8 - 6/91
AUG 0 4 1998
COL.LZ~R COUNT:I', fLORIDA
LEGAl. NOTZC~ OF ASSESSH:EI~ OF LIF.~
Do~e S. & Bet~y Ho=Zen
~ Box 33~
;e££ersonYi~e, Ztl
:I~~CE 70502-082
LEGAL DESCRIPTION:
DATE:
47130
~6~092320008
LIEN NUMBER:
Lots 14, Block 4, HAPLES MANOR ADDITION, according to the plat
thereof, on file and recorded in the l~blic Records of Collier
County, Flori~, PB 3, pages 67 ~nd 68, subject to three-fourths
oil, gas an~ mineral rights reservation and subject to reservations,
restrictions ~nd limi~ations of record.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Co~pliance Services Manager, did on 5/2/97, 'order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited &ccu~ulation of non-protocted mow&ble vegetation in
excess of 18" in ~leight in a subdivision other than Golden Gate
Eatatoe.
Weeds over 18" (3 + ft.).
YOU failed to abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost of $45.00 and administrative
cost of $200.00 for a total of $245.0Q~ Such costs, by Resolution of the
~oard of County Commissioners of Collier Coun=y, Florida, have been
assessed agaiast the above proper~y on
and shalk become a ~ien on the property thirty (30) days after such
assessment.
You may request a hearing before the ~oard of County Commissioners to
show cause, ~f any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be made to the Clerk of the Board of County Commissioners,
Government Center, Naples, Florida 34112 in writing within thirty (30)
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
4
6
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9
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12
14
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62
A RESOLUTION OF T~E BOARD OF COUNTY COmmISSIONERS
PROVIDING FOR ASS£SSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC ~;ISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance '91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
W~EREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following coshs of such abatement, to wit:
NA~E{
Dowe S. Morlen &
Betty Morlen
RR1 Box 331
Jeffersonville, iN
47130
REFERENCE~
70502-082
LEGAL DESCRIPTION: ~QFT
$245.00
Lots 14, ~lock 4, NAPLES
MANOR ADDITION, according to the
plat thereof, on file and recorded
in the Public Records of Collier
County, Florida, PB 3, pages 67 and
68, subject to three-fourths oil, gas
and mineral rights reservation and
subject to reservations, restrictions
and lim~tattons of record.
162092320008
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
65 APPROVED AS TO FORM
66 AND LEGAL SUFFICIENCY:
6~/~DAviU ~E~G£~ -
70 v-- COUNTY A~~
~ ~ce 11 - 1/98
BOARD OF COUNTY COM~4ISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4= '!998
RESOLUTION NO. 98-
A RESOLUTION OF TliE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
T}{E ABATEMENT OF PUBLIC N~3ISANCE, IN ACCORDA~CE
WITH ORDINANCE 91-47.
~"6EREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
W]~EREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
CO~4ISSIONERS OF COLLIER CO~{TY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAM~ 7.
Dowe S. Morlen &
Betty Horlen
RR1 Box 331
Jeffersor. ville,' IN
47130
LEGAL DESCRIPTION~ COS~
$245.00
Lots 14, Block 4, NAPLES
ML.~R ADDITION, according to the
plat thereof, on file and recorded
in the Public Records of Collier
County, Florida, PB 3, pages 67 and
68, subject to three-fourths oil, gas
and mineral rights reservation and
subject to reservations, restrictions
and limitations of record.
70502-082
#62092320008
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, u~lless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COLD,fY, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~ DAVID Wsfo~E '
'~' COUNI'Y ATTORNEY
CSce 11 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
1998
Sven Bode & Cathleen Moosker
14193 Berlin
R~FERENCE 70507-043 158106840006
LEGAL DESCRIPTION:
DATE:
LIEN NUMBER:
Lot 5, Block 404, Marco Beach Unit T~IRTEEN, a ~ivision according
to the plat thereof, reoorded in Plat Book 6, Pages 92-99, Public
Records of Collier County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 5/08/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited &ccu~ulation o~ non-protected mowable vegetation in
excess of 18" in height in a subdivision o~er than Golden Gate
Est&tls. Prohibited dumping, accumulation, storage or burial of
litter, waste or s'~andoned property.
Weeds over 18" (2 ft.), , Debris at front of lot.
You failed to abate such nuisance; whereupon, it was abated by
expenditure of public funds at a direct cost of $ 100.00 and
administrative coat of ~200.00 for a total of $ 300.00. Such costs, by
Resolution of the Board of County Commissioners of Collier County,
Florida, have been assessed against the above property on
and shall become a lien on the property thirty (30) days after such
assessment.
You ~ay request a hearing before the BoaJd of County Commissioners
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be made to the Clerk of the Board of County CoMmissioners,
Government Center, Naples, Florida 34112 in writing within thirty (30)
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
0 '/998
6
10
13
14
16
17
19
20
21
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24
26
2'/
3O
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36
37
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42
43
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4~
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54
65
&7
A RF. SOLUTION OF TME BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LI~N, FOR THE COST OF
T~4E ABATI~MENT OF PUBLIC NUISANCE, IN ACCORDA~4CE
WIT}{ ORDINANCE 91-47.
WHEREA=~, as provided in Ordinance '91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
W~EREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W~EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~FY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~ner of said property, is hereby assessed
the following costs of such abatement, co wit:
FAMI~ ~EGAL DK$CRIPTION; CO~T
Iht 5, Block 404, Marco Beach $ 300.00
Unit THIRTKKN, a subdivision
according to tho plat thereof,
recorded in Plat Book 6, Pages 92-99,
Public Records of Collier County, Florida.
Bode, Sven &
Cathleen Meosksr
Hoehnann Strasse 5
14193 Berlin
Germany
58106840006 70507-043
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty {30) days hereof, a
certified copy of this Resolution shall b~ recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGMT E. ~ROCK, CLERK COLLIER CO~, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
BY:
BARBARA B. BERRY, C"rlAIRMA~t
DAVID ~IGEL
COGNTYA'I'I'ORNEY
CSce 11 - 1/98
AUG 0 4:1998
P~;o _~. :_.._.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDIN(~ FOR ASSESSM~i~T OF LIEN, FOR THE COST OF
THE ABAT~D41~qT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of Cc,~nty Co~nissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assess~nt after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOw, THEREFORE, BE IT RESOLVI~D BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUIT~Y, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME: LEGAL DESCRIPT~QN~ C0$X
Bode, Svsn &
Cathleen Moosk~r
Hoeh~ann Strasae S
14193 Berlin
Germany
REFERENCE:
58106840006 70507-043
Lot S, Block 404, Marco Beach $ 300.00
Unit THIRTEEN, a subdivision
according to the plat thereof,
recorded in Plat Book 6, Pagss 92-99,
Public Records of Collier County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED A~ TO FORM
AND LEGAL SUFFICIENCY:
DKV~D- ~EiGE,.,
COUN~"f ATTORNEY
CSce 11 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4 1998
LEGAL NOTICE OF $-~$ESS~KNT OF LIE~
6034 SW 27~ St.
Miami, FL 33155
DATE:
70521-006 162102840009
LEGAL DESCRIPTION:
LIEN NUMBER:
LOT 3, IN BLOCOK 14, OF NAPLES I~ANOR ~DDITION, ACCORDING TO THE PLAT
THEREOF, A~ RECORDED IN HLAT BOOK 969, AT PAG~ 621, OF THE PUBLIC
RECORDS OF COLLIER COUNT~, FLOR/DA.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 5/21/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited ac~umul&tio* of non-pro~tedmowable veget&t£on in
~ss of 18" in ~ight in a I~vilion o~er ~ ~lden
You failed to aba=e such nuisance; whereupon, It was abated by the
~xpenditure of public funds at a direct cost of $ 45.00 and
a~i~lstrative cost of $200.00 for a total of $ 245.00. Such costs, by
~esolution of the Board of County Co~issioners of Colliur County,
Florida, have been l~sessed against the abov~ property on
and shall become a lien on the property thirty (30) day~ afcer such
assess~nt.
You ~y request a h~aring before the Board of County Co~is~ioners to
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not ccnstltute a lien against the property. Such request for
hearing must be ~de to the Clerk of the Board of County Co~issioners,
Government Center, Naples, Florida 34112 in writing within thirty [30)
days fr~ the date of this assessment to be valid.
CLERK, BOARD OF COUNTY C~ISSIONERS
CSce 9- ~/93
AUG 0 '1998
6
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RESOLUTION r~O. 98-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PPOVIDINO FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC rUJISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be_
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W/4EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COU~
COMMISSIONERS OF COLLIER CO[~NTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~AM1~ LEGAL DESCRIPTION~ COST
6034 SW 27'~ St.
Miami, FL 33155
LOT 3, IN BLOCK 14, OF NAPLES $ 245.00
MANOR ADDITION, ACCORDING TO THE
PLAT T~EREOF, AS RECORDED IN PLAT
BOOK 969, AT PAGE 621, OF TH~ PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
621028%0009 70521-006
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
reco]'ds of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appea~ of the assessment of the owner.
7'his Resolution adopted after motion, second and majority vote.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E ~ROCK, ~ERK COLLIER COUNTY, FLORIDA
61 APPROVED ~ T~ FORM
62 AND .LEGAL SU, FFICIENCY:
66'" COUNTY ATTORNEY
67
CSce 11 - 1/98
7O
BY:
BARBARA B. BERRY, C~L~IP~
AUG041998 )
A RESOLUTION OF ~{E BOARD OF COUNTY COMMISSIONERS
PROVIDIN~ FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisa'ces, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Co,~missioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.04) per annum on any
unpaid portion thereof.
NOW, T~EREFORE, BE IT RESOLVED BY T~E BOARD OF COLS~I"f
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~mer of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME; ~GAL DESCRIPTIONt ~
6034 ~W 27t~ St.
Miami, FL 33155
REFERENCE:
62102840009
70521-006
LOT 3, IN BLOCK 14, OF NAPLES $ 245.00
KANOR ADDITION, ACCORDING TO THE
PLAT THEREOF, AS RECORDED IN PLAT
BOOK 969, AT PAGE 621, OF THE PUBLIC RECORDS
OF COLLIER COUNTY, FLORIDA.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIG}{T E. BROCK, CLgRK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
~./~,,, D)%V I D i4E fGEL
COUNTY ATTORNEY
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
COLLIF. R COU~T~,
LEC~L NOTICE OF ASSESS2~E~ OF LIEJl
Bo~aha~s t~ 3
82031 Gruen~ald
1~.~ F~4CE 70612-027
LEGAL DESCRIPTION:
DATE:
159026000006
[,IE~ NUMBER:
Lot 15, Block 7B9 of A REPLAT OF A POROTION OF MARCO BEACR UNIT
TWENTT FIVE, A Sub~Ltviaion Accorct/ng to the Plat thereof, recordod
in Plat Book 12, F&ges 86-89, of the Public RecorcL8 of Collier
County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised ~hat the Compliance Services Manager, did on 7/09/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited sc~lAtion of non-protected mow&bls vegetation in
excess of 18" in h. ight in · subdivision other th&~ Golden GAte
Zs~,tes.
W~oc~s over 2 f~.
You failed to abate such nuisance; whereupon, it was aba=ed by the
expenditure of public funds at a direct cos= of $ 45.00 and
administrative cost of $200.00 for a ~otal of $ 245.00. Such cos=s, by
Resolu~ion of ~he Board of County Commissioners of Collier County,
Florida, have been assessed against the above property on
and shall become a lien on the property thi=ty (30) days after such
assessment.
You n%ay request a hearing before the ~oard of County Commissioners to
show cause, if any, why the expenses and charges incurred by the County
under ~his Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing munt be ma~e to =he Clerk of the Board of County Commissioners,
Goverflmen~ Center, ~aples, Florida* 34112 in writing within thirty (30)
days from the date of ~his assessment ~o be valid.
CLERK, BOARD OF COUNTY CO~MISSIONERS
CSce 9- 1/93
_AUG 0 1998
6
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33
36
40
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4~
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51
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR 774E COST OF
THE A~ATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
'~HEREAS0 the cost thereof to the County as to each parcel shall be
calculated ~nd re~orted to the Board of County Commissioners. together
with % description of said parcel; and
W~..=REAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS,' the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~ LEGA~ DESCRIPTION~ COST
Haertal, Ursula
B~nnharstr 3
82031 Gruanwald
Germany
59026000006
70612-027
Lot 15, Block 789 of A REPLAT $ 245.00
OF A PORT~ON OF~RCO BEACH UNIT
~ FIVE, a Subdivision according to the
Plat thereof, recorded fn Plat Book 12,
Pages 86-89, of the Public Records of
Collier County, Florida.
52
56
ATTEST:
DWIGHT E. BROCK, CLERK
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
6~
61
62 APPROVED AS TO FORM
63 AND, LEGAL. S~JFFICI ENCY:
6~ ' '~, -. ~--.--"
66 ~D~VID WEIGEL
67' COUNTY ATTORNEY
6~ CSce 11 1/98
70
?1
BY:
BARBARA B. BERRY, CHAIRMAN
1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
~HEREAS, as provided in Ordinance 91-47, the direct costs of
abate=.ent of certain nuisances, including prescribed administrative
cost ii,cuffed by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS. such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER CO~, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME: LEGAL DESCRIPTION: COST
Haertel, Ursula
~omharstr 3
82031 Gruenwald
Oez"many
59026000006
70612-027
Lot 15, Block 789 of A REPLAT $ 245.00
OF A PORTION OF MARCO BEACH UNIT
TWENTY FIVE, · Subdivision according to the
Plat thereof, recorded in Plat Book 12,
Pages 86-89, of the Public Records of
Collier County, Florida.
The Clerk of the Board shall mail · notice of assessment of lien
zo the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
~WIGHT E. BRCX2K, CLERK
BOARD OF C~ COMMISSIONERS
COLLIER CO~, FLORIDA
APPROVED AS TO FORM
AND LEGAL .SUFFICIENCY:
~I~AVI~J' -~EIGEL' -
COUNTY ATTORNEY
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIR.MAN
COLLIER COUNT~, FLORIDA
LEGAL NOTZCE OF ASSE$SMEl4T OF LIEN
Raymond & Deborah Quinlan
428 S Country ~d.
East Patc~oque, NY
REFERENCE 8,9127-011
LEGAL DESCRIPTION:
DATE:
11772
157681240009
LIEN NUMBER:
hot 13, Block 219, of MARCO BEACH UNIT NO. SEVEN, a
Subdivfsfon, according to the Plat thereof, recorded in Plat
Book 6,Pages 5S through 62 of the Public Rocord~ of Collier
County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 1/27/98, order the
abatement of a certain nuisance existi~,g on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited aocumulation of non-protected mowable vegetation in
excess of 18" in he£ght in a subW~ivision other than Golden Gate
Weed~ in excess of 18".
You failed to abate such nuisance~ whereupon, it was abated by the
expenditure of public funds at a direct cost of $ 45.00 and
administratfve cost of $200.00 for a total of $ 245.00. Such costs, by
Resolution of the Board of County Commissioners of Collier County,
Florida, have been assessed against the above property on
and shall become a lien on the property thirty (30) days after such
assessment.
You may request a he.~ring before the Board of County Commissioners to
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be made to the Clerk of the Board of County Co~missioners,
Government Center, Naples, Florida 34112 in writing within thirty (30}
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
AUG 0 4 1998
?
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A RESOLUTION OF THE BOARD OF COUNTY COMMIS$IO,~ERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR ~E ~ST OF
~E ~AT~ OF P~LIC ~IS~{CE, IN AC~RD~
WI~ ORDIN~CE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNI"f
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owmer of said property, is hereby assessed
the following costs of such abatement, to wit:
NAMEr LEGAL DESCRIFTION: COST
Raymond & Deborah Quinlan $ 245.00
~2S $ Country Rd. Lot 13, Block 219, of MARCO BEACH
East Patchoque, };Y UNIT NO. SEVE~;, a Subdivision, according
11772 to the Plat thereof, recorded in Plat Book 6,
Pages 55 through 62 of the Public Records
of Collier County, Florida.
157681240009
80127-011
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction i~ stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
62
63
64 APPROVED AS TO FORM
6~ AND LEGAL SUFFICIENCY:
COUNTY ATTORNEY
70
7{ CSce 11 - 1/98
BOARD OF COUN~'Y COMMISSIONERS
COLLIER COUNq'f, FLORIDA
BY:
BARBARA B. BERRY, CHAI~4AN
AUG 0 1998
RESOLUTION NO. 98-
~ RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR 97{E COST OF
TT{E ABATEMENT OF PUBLIC NUISANCE, IN ACCORDARCE
WITH ORDINANCE 91-47.
W~,EREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~A/WE: LEGAL DESCRIPTION~ COS~
Raymond & Deborah Quinlan $ 245.00
428 S Country Rd. Lot 13, Block 219, of MARCO BEACH
East Patchoque, NY UNIT NO. SEVEN, a Subdivision, according
11772 to the Plat thereof, recorded in Plat Book
Pages 55 through 62 of the Public Records
of Collier County, Florida.
157681240009
~0127-011
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owner~ of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified.copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction iu stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF CO~TY COMMISSIONERS
COLLIER CO~TY, FLORIDA
APPROVED AS TO FORM
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 ' 998
LIEN RF~L~ONS - CODE ENFORCEMEI~f CASE NO'S. 70724-030/Sidney
& Libby Barber, 70729-071/Dalanda McAuley, 70805-028~ E & Ann A Larason,
70905-005/Immokalee Habitat for HumaaRy, Inc., A Florida Non-Profit
Corporation
Board to accept report and adopt separate Resolutions azsessiag a lien against the parcels
identified ia the Resolutions in order to recover public funds expended to effect the
abatem~ of a gn~blic nuismces at these locatiom, all as provided for in Ordinance 91-47,
the Collier County Weed, Litter and Plant Conu'ol Ordinance.
CONSIDERATION
As required by Ordinance 91-47, a legal notice of assessment and copy of the Resolution
will be mailed to the .respective property owners, and the Clerk to the Board will record
the resolution thixty days after mailing of the resolution.
Case No. Owner of Record Case Summary [ Lieu Amount
-7072~630 Sidney & Libby Barber a. Violation determination 07/23/97 $ 245.00
b. Notice of Violation served Undeliverable
c. Verification of unabated nui~2ace 08/19/97
d. Nuisance abated with public funds 08/22/9'/
e. Owner invoiced for costs 09/04/97
70729-071 Dalanda McAuley a. Violation determinmion "' 07/28/97 245.00
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 08/26/97
d. Nuisance abat~ with public fimds 09/06/97
e. Owner invoiced fro' costs 09/18/97
L70805428 Laxa E &'Ann'A a. Violation determination ' ' 0g/04/97' 400.00
Larsson b. Notice of Violation served 08/09/97
c. Verification of unabated nuisance 08/28/97
d. Nuisance abated v,,ith public funds 09/23/97
e. Owner invoiced for costa 09/'25/97
70905"005 Immokalee Hal,itat for a. Violation det~axiaafion 10/09/97 245.00
Huma~,,~rty, In~., A b. Notice of Violation served 10/21/97
Florida Non-Profit c. Verification of unabated nuisance 12/01/97
Corporation d. Nuisance abaxed vAth public f~ads 12/11/97
e. Ov,~aer invoiced for costs 12/16/97
AUG 0,1 1998
Pi):..... ]. .... -
A total r,.-imbursem~ of $ 1,135.00 may be anticipa~d by voluntary action or
foreclosure. Th~ only cost to b~ incurr~ by the County is the cost of recording the Lien,
which is eslimmed to be appro~ely $ 28.00, m~d can be paid from Code Enforcement
account ii 111-I3991 I.
_GROWTH MANAGEMENT IMPACT Not applic2ble.
RECOMb~NDATIObI
That the Board of County Commissionem adopt tl~ altached Resolutions.
PREPARED BY:
re~ntative DATE:_
Code Enforcement
REVIEWED BY:
ent
PEVIE~D BY:
DATE:
Mlchdle Edwards Arnold, ~r
Code Enfor~ment
DATE:
~(~, ~
Community Dev. & Environmentsl Svc~.
DATE:
CSce 8 - (x,91
COL~'I'F~ COU'RT~', FLORIDA
Sidney B~rbet &
Libby Barber
1001 City Ave
Wynnewood, PA 19096
REFERENCE 70724-030
LEGAL D£SCRIPTION:
DATE:
~58104080004
LIEN NUMBER:
Lot 3, Block 400 of Harco Beach Unit TRIRTEEN & Subc~ivision
&ccord/ng to the Plat thereof, recorded in Plat Book 6, P&ge 92-99
of The Public Records of Collier County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 7/24/97, order the
abatement of a ceztain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibit~d ac~umulation of non-protected mow~ble vegetation in
excess of 18" in height in I subdivision other than Golden Gate
Weed~ over 19" (5 ft.).
You failed to abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost of $45.00 and administrative
cost of $200.00 for a total of $245.00, Such costs, by Resolution of the
6card of County Commissioners of Colli~ 'County, Florida, have been
assessed against ~he above property on
and shall become a lien on the property thirty (30) days after such
assessment.
You m~y request a hearing before the Board of County Commissioners to
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the proRer~y. Such request for
hearing must be made to the Clerk of the ~oard of County Con~issioners,
Government Center, Naples, Florida 34112 in writing within thirty (30)
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
0 1998
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RESOLUTION NO. 98-
A R~$OLUTION OF THE BOARD OF COUNTY CO~LMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91=47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHERE~, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the pr:perry against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent {12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME: LE~A,b DESCRIPTION: COST
Sidney Barber &
Libby B~&rbet
1001 City Ave
Wynnewood, PA 19096
70724-030
Lot 3, Block 400 of Marco Bsach
Unit THIRTEEN · Subdivision
according to the Plat thereof,
recorded in Plat Book 6, Page
92-99 of The Public Records of
Collier County, Florida.
158104080004
$245.00
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or ow~lers of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such p~operty
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4 1998
RESOLUTION NO.
A RESOLUTION OF THE BOARD OF CODT~7'Y COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC }~ISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
~:[ERF~, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W~4EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WltEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent {12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF CO~TY
CO~9~ISSIONERS OF COLLIER CO~, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAKE.. LZ~AL DgSCRIPT~9~: COST
Sidney Barber &
1001 City Ave
Wy~~, PA 1909~
70724-030
Lot 3, Block 400 of Marco Beach
Unit THIRTEEN a Subdivision
according to the Plat thereof,
recorded in Plat Book 6, Page
92-99 of The Public Records of
Collier County, Florida.
~58104080004
$245.00
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified cop), of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARDOF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS T~ FORM
AND. LEC4~L SUEFICIENCY:
~n~.~D~ViD~W~.idEU , -
COUNTY ATTORREY
CSce 11 - 1/98
BY:
BARB~J~A B. BERRY, CHAIRMA~
AUG 0 4 1998
LE~T., NOT'FCE OF ASSES~I:~' OF LTEN
DA'~:
1740 ~1 36t~ C~
rt Lauc~=ctale, 1~ 33309
~~~ 70729-071 ~56937000004 LIEN NUHB~R:
LEGAL DESCR~ION:
~ 1, Bl~k 121, ~co ~ch Uni~ Fou~, & s~vi~ion &ccor~ng to
~e pl&~ ~ereof, re~r~ in Pllt B~k 6, P~gel 32 ~rough 37,
~clusi~, ~1i~ re=o=~ of Colli.r Co~t~, Flori~.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 7/29/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited accu~ul&~ion of non-protected mowable vegetation in
excess of 18" An height An & subdivision other th~n Golden G&te
Weeds over 18" (3 ft.).
You failed Co abate such nuisance; ~hereupon, it was abated by the
expenditure of public funds at a direct cost of $ 45.00 and
acL'ntntstrattve cost of $200.00 for a total of $ 245.00. Such costs, by
~esolution of the Board of County Comm£ssloners of Coll£er County,
r/or/da, have been assessed against the above property on
and shall become a lien on the property th£rty (30) days after such
assessment.
You may request a hearing before the Board of County Cor=aissioners to
show cause, if any, way the expenses and charges incurred by the County
under this Ordinance age unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request fo:
hearing must be made to the Clerk of the Board of County Commtss£oners,
Govegrm~ent Center, Nap/es, Florida 34112 in wr£ting ~tthin thirty (30)
days from the date o: this assessment to be val£d. --'-~~~
C~ER~, BOARD OF COUNTY CO~4~SS20~ERS
CSce 9- 1/93
AUG 0 1998
P~. ~
:~0
32
34
3~
37
,al
44
49
$1
~2
$3
$7
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR T~E COST OF
THE A~ATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
W/4EP. gAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W~EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WH~, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after whieh interest
shall accrue at a rate of twelve percent (12.04) per annum on any
unpaid portion :hereof.
NOW, T~EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME.' LEGAL DESCRIPTION; COST
Daland~ McAuley
1740 NW 36
F~ Lauder~ale, FL
33309
56937000004
70729-071
Lot 1, Block 121, Marco Beach $ 245.00
Unit Four, a subdivision according
to the plat theroof, recorded in Plat Book
6, Pages 32 through 37, inclusive, Public
Records of Collier County, Florida
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
~9
60
61 A/~PROVED AS TO FO~
6~ ~AV fD "WE I G'EL
66 COUNTY ATTORNEY
67
61 CSce 11 - 1/98
BOARD OF COUNTY COMMISSIONERS
COLLIER COLR~rY, FLORIDA
BY.
BARBARA B. BERRY, CHAIRF~%N
RUG 0 1998
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC ~{UISANCE, IN ACCORDA~CE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.04) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
LEOAL DESCRIPTION;
Dalanda McAuley
1740 NI~ 36~ CT
Ft Lauderdale, FL
33309
56937000004
70729-071
hot 1, Block 121, ~arco Beach $ 245.00
Unit Four, a subd/vision according
to the plat thereof, recorded in Plat Book
6, Pages 32 through 37, in¢luoive, Public
Rscorda of Collier County, Florida
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
q'nis Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER C~, FLORIDA
APPROVED AS TO FORM
AND LF. GAL SUFFICX~NCY:
·' COUNTY ATTORNEY
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIRRAN
AUG 0 1998
COLLTER COUNT~, FLOR/DA
LEGAL NOTI~ OF ASSES~q4T OF LI~N
DATE:
Lmrs E & Ann A Larsaon
1001 l~urphy Dr.
Joliet, IL 60435
~FER~NCE 70805-028 136447040008 LIEN NUMBER:
LEGAL DESCRIPTION:
Lots 20 Block 250 Unit 7 Part - GOLDEN GATE according to plat thereof recorded
in Plat Book 5, Pag~ 143, of the Public Records of Collier County, Florida.
You, as the owner of the property above described, as recorded in the records
maintained by the office of the Property Appraiser, are hereby advised that the
Compliance Services Manager, did on 8/05/97, order the abatement of a certain nuisance
existing on the above property prohibited by Ordinance 91-47, serving notice thereof
upon you, such nuisance being:
~cu~ulatio~ of pr~h/bited exotics on ~roved land located within 200' of
i~roved, sub~iv~ property.
AUStraLIAN PL'~ TREE:
You failed to abate such nuisance; whereupon, it was abated by the expenditure of
public funds at a direct cost of $ 200.00 and administrative cost of $200.00 for a
total of $ 400.00. Such costs, by Resolution of the Board of County Commissioners of
Collier County, Florida, have been assessed against the above property on
and shall become a lien on the property thirty {30) days after such
assessment.
You may request a nearing before the Board of County Commissioners to show cause, if
any, why the expenses and charges incurred by the County under this Ordinance are
unwarranted or excessive or why such expenses should not constitute a lien against the
property. Such request for hearing must be made to the Clerk of the Board of County
Commissioners, Government Center, Naples, Florida 34112 in writing within thirty (30)
Odaysfrom the date of this assessment to be
valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
AUG 0 1998
I
2
3
6
7
I0
II
12
13
14
15
16
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20
21
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24
2~
26
2~
~0
33
3~
36
~0
47
~7
RESOLUTION NO. 98-
A RESOLUTION OF ~E BOA.RD OF COU~ CO~ISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHERF. AS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREA~g, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
~ERY.2%S, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
kq{EP~, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, ~EREFORE, BE IT RESOLVED BY T~E BOARD OF COUNI~f
CO~MISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
DESCRIPTION; COST
Ann A
1001 Murphy Dr.
Joliet, IL 60435
364%7040008
70805-028
Lots 20 Block 250 Unit 7 $ 400.00
Part - GOLDEN GATE according
to plat thereof recorded in Plat
Book 5, Page 143, of the Public Records of
Collier County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction i, stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIG"~T E. BROCK, CLERK
~9
60
61 APPROVED AS TO FORM
62 AND LEGAL SUFFICIENCY:
COUNTY ATTORNEY
67
6~ CSce 11 1/98
69
BOA.RD OF COUNT"f CC~ISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BA/~BAR3% B. BERRY, C~{AIRM~
AUG 0 4 1998
RESOLUTION NO. 98-
A RESOLUTION OF T~E BOARD OF CO~ COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC ~JIS~CE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREA.g, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%] per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NA/~LEI LEGAL DESCRIPTION: g0$~
Larsso~, L&rs E &
1001 Murphy Dr.
Joliet, IL 60435
REFERENCE:
36447040008
70805-028
Lots 20 Block 250 Unit 7 $ 400.00
Part - GOLDEN GATE according
to plat thereof recorded in Plat
Book 5, Page 143, of the Public RecordD of
Collier County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolu:ion adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOAJ{D OF COUNI"f COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
AND, LEGAJ~ ~SUFFICIENCY:
DAVID WEIGEL
COUN/"f ATTORNEY
CSce 11 - 1/98
BY:
BARBAP. A B. BERRY, CHAIRMAN
AUG 0 4 1998
LEGAL NOTICE OF ASSESSMENT OF LIEN
Iron, kales Babitat for Humanity, Znc.,
A Florida Non-~ro££t Corporation
640 N 9~ St.
~k~e~, ~ 34142
~~ 70905-005 ~62156080006
LEGAL DESCRI~ION:
DATE:
LIEN NUMBER:
Lot 20 Block 9 of NAPLES F~%NOR AhTfEX, sccording to the Plat
thereof, es recorded in Plat Book 1, on page 110, of the Public
Records of Collier County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office o~ the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 10/17/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohib£t~d &c~ul&tion of non-protected~w~le vegetation in
~sl of 18" ~ height in a s~ivision o~er ~ ~lden Gate
Wo~ in excess of 18" (4 ft.).
You failed to abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost of $ 45.00 and
administrative cost of $200.00 for a to,al of $ 245.00. Such costs, by
Resolution of the Board of County Co~lssioner5 of Collier County,
Florida, have ~eem assessed against the above property on and
shall beco~ a lien on the property thirty (30) days after such
assessment.
You ~y request a hearing before the Board of County Co~issioners to
show cause, if any, ,.thy the expenses and charges i~curred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be ~de to the Clerk of the Board of County Co~issio~ers,
GovernmeDt Center, Naples, Florida 34112 in writing within thirty (30}
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
2
3
4
6
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9
10
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~2
13
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16
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21
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26
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31
32
3:5
36
37
3:~
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,40
42
RESOLUTION NO. 98-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
T~E ABATEMENT OF PUBLIC NUISANCE, iN ACCORDANCE
WIT}{ ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
W~4~-~2%S, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, T~EREFORE, BE IT RESOLVED DY T~E BOARD OF COUNTY
CO~MISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME.- ~EGAL DESCRIPTION; ~OST
44
46
47
49
50
52
56
57
59
I---okalee Habitat for H,3m~nity, Inc.,
A Florida Non-Profit Cozporation
640 N 9TM St.
I---~kalee, FL 34142
REFERENCE ~
62156080006
70905-005
245.00
Lot 20 Block 9 of NAPLES KANOR A/qlTEX, according
to the Plat thereof, as recorded in Plat Book 1,
on page 110, of ~he Public Records of Collier
County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30} days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according ~o law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
61
62 APPROVED AS TO FOP~M
63 AND LEGAL SUFFZCIF~4CY:
66 ~f,~DAVID WEIGEL
69 CSce 11 - 1/98
BOARD OF COU~;TY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRM3UN
AUG 0 4 1998
RESOLUTION NO. 98-
A ~,SOLUTION OF T~E BOARD OF COUNT'f COMMISSIONERS
pROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
71{E ARATEMENT OF PUBLIC NIJISARCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREA-g, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
W~, the cost thereof to the County as to each parcel shall be
calculated and re~orted to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation u~on the property against which made until paid; and
W}{ERF~, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED PY THE BOARD OF COUNT~
COMMISSIONERS OF COLLIER COUNT'Y, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~A~ ~EGAL DESCRIPTION~ COS!
Immokalee Habitat for Humanity, Inc., $ 2%5.00
A Florida Non-Profit Corl~oration
640 N 9~ St.
I~kalee, FL 34142
Lot 20 Block 9 of NAPLES MA/~OR ANIN-EX, according
to the Plat thereof, as recorded in Plat Book 1,
on psge 110, of the Public Records of Collier
County, Florida.
62156080006 ?0g05-005
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAN
APPROVED AS TO FORM
AND. LEGAL .SUFFICIENCY:
COUNTY ATTORNEY
CSce 11 - 1/98
EXECUTIVE SU/Vl~tARY
LIEN RESOLUTIONS - CODE ENFORCEMENT CASE NO'S. 71117-017/Martha
I & LiIltan E Beajam~on, 71210-016frhomaa Combs, 71210-051/Andi Pearson &
Carol Irving & 80105-0(.~Eileen Curran Spector
Board to aCeCl~ retxa-t ~d adopt ~'parate Resolutions assessing a lien against the parcels
identified in the Re~I~ in order to recover public fun~ expended to effect the
abatement of a public nuisances at these locations, all as provided for in Ordin~ce 91-47,
the Collier County Weed, Litter and Plant Control Ordinance.
CONSIDERATION
As required by Ordinance 91-47, a legal notice of assessment and copy of thc Resolution
will be mailed to the ~ve property owners, and the Clerk to the Board will record
the resolution thirty da3,s a_tier mailing of the resolution.
Ca~ No. '" Owner of Reeord Cue Summary Lien ,Amonnt
71117-0!7 Martin I & Lillian E a Violation determination 12/04/97 $ 245.00
Benjamson b. Notice of Violation served Undeliverable
c. Verification ofunabated nuisance, 01/21/98
d. Nuisance abated with public funds 02/03/98
e. Owuer invoiced for costs 02/20/98
71210-016 Tlmma~ Combs m Violation determination 12/09/97 245.~0
b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 01/03/98
d. Nuisance abated with public fund:, 01/15/98
e. Owner invoiced ['or costs 02/06/98
712104/53 ' Andi Pear~n & a. Viola/ion determination 12/12/97 265.00
Carol Irving b. Notice of Violation served Undeliverable
c. Verification of unabated nuisance 03/04/98
d. Nuisance abated with public funds 03/10/98
e. Owner invoiced for cx)sts 03/13/9~
801054)66 ' Eileen C~ran Spector a. Viol&ion d'etermination 12/31/97 245.00
b. Notice of Violation sen, ed 01/21/98
c. Verification of unabated nuisance 02/09/98
d. Nuisance abated with public funds 02/I 8/98
e. Owner invoiced for costs 03/06/98
AUG 0 4 1998
/
7,¸
lqg.;AL IYtI'ACI'
A total rcimlmm'mcnt of $ 1,000.00 may be anticipated by voluntary action or
foreelozure. The only eo~ to be incurred by the County is the cost of recording the Lien,
which ia estimated to be approximately $ 28.00, and can l~. paid from Code Enforcement
accoum # 111-138911.
GROWTH MANAGE~ IMPACt Not applicable
RECOMMENDATION
That the Board of Coumy Commissioners adopt the attached Resolutions.
PREPARED BY:
ce Representative
Code Enforcement
DATE:
REVIEWED BY:
elanger~,-Senior C~stomer Service Agent
nforcement
REVIEWED BY:
DATE:
MicheHe Edwarda Arnold, Director
Code Enforcement
~ ~.~CP, Administrator
Community Dev. & Environmental Svc~.
DATE:
DATE:
V-aP--- ??
CSce 8 - 6/91
AUG 0 4 1998
COLLIER COUNT~', FLORTDA
DATE:
Hart~n I & Lillian E Ben~amson
5448 -45~ Ave. $
Hinneapolis, MN 55417
REFERENCE 71117-017 ~36385240009
LEGAL DESCRIPTION:
Lot 13 Block 224 Unit 6 Part 1
plat thereof recorded in Pl&t Book 9
Records of Collier County, Florida.
LIEN NUMBER:
AUG 0 1998
GOLDEN GATE according to
Page 4 of the Public
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 10/17/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thezeof upun you, such nuisance being:
Prohibited accumulltion of non-protected mow~ble vegetation in
excess of 18" in height in & subdivision other than Golden Gate
Weeds in excess of 18" (2 ~ ft.).
You failed to abate such nuisance; whereupon, it was abated by the
expenditure of public [unds at a direct cost of $ 45.00 and
administrative cost of $200.00 for a total o[ $ 245.00. Such costs, by
Resolution o[ the Board of County Commissioners of Collier County,
florida, have been assessed against the above property on and
shall become a lien on the property thirty (30) days after such
assessment.
You may request a hearing before the Board of County Commissioners to
show cause, if any, why the expenses and chalges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be nde to the Clerk of the Board of County Commissioners,
Government Center, Naples, Florida 34112 in writing within thirty (30)
days front the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
CSce 9- 1/93
4
6
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9
I0
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12
14
16
19
19
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24
26
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39
4O
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44
A RESOLUTION OF TME BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORD~2~CE
WITH ORDINANCE 91-47.
W"HEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY '
COMMISSIONERS OF COLLIER COUNTer, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~GAL DESCRIPTIQN~
COST
Martin I & Llllian E BenJamson $ 245.00
5448 -45" Ave. S Lot 13 Block 224 Unit 6
~inneapolis, MN 55417 Part I GOLDEN GATE according to plat
thereof recorded in Plat Book 9 Page 4 of
the Public Records of Collier County, Florida.
46
4'/
49
.50
52
~4
56
.~9
60
36385240009
71117-071
The Clerk of the Board shall mail a notice of assessment of lien
%0 the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records.of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
61
62
63 APPROVED AS TO FORM
64 AND LEGAL SUFFICIENCY:
6~-~AgID WE~IG~.L-
6~ CO~ A~OR~Y
69
70 CSce 11 1/98
BOARD OF COUNTY CO~4ISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4 1998
RESOLUTION biO. ~-
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
pROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W}{EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.04) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner ot said property, is hereby assessed
the following costs of such abatement, to wit:
~ ~EGAL DESCRIPTION1 COST
Martin I & L1111an E BenJammon $ 245.00
5448 -45" Ava. S Lot 13 Block 224 Unit 6
Minneapolis, MN 55417 Part I GOLDEN GATE according to plat
thereof recorded in Plat Book 9 Page 4 of
the Public Records of Collier County, Florida.
36385240009 71117-071
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST: BOARD OF COUNTY COMMISSIONERS
DWIGHT E. BROCK, CLERK COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIR/~
CSce 11 - ]/98
AUG 0 4. 1998
L~GAL NOTICE OF ASSESSMENT OF L'~EI~I
DATE:
Thomas Combo
1946 San Marco
Harco Island, FL 34145
REFERENCE 71210-016 ~57210160000 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 2, Bleak 22l, ~arco Beach Unit Five, &subdivisicn accord/ng to
the Pl&t thereof, recorded in Plat ]~ook 6, Pages 39 to 46, ~ublic
Rocord~ of Collier County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 12/10/97, order the
abatement of a certain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibi~d mccu~lmtion of non-protec~d mowable vegetation in
excess of 18" An height in & subdivision other th~ Golden Gate
Est,utes.
Weed,, over 18".
You failed to abate such nuisance; whereupon, it was abated by the
expenditure of public funds at a direct cost nE $ 45.00 and
administrative cost of ~200.00 Eo~ a :o:a~ o~ $ 245.00. Such costs, by
Resolu:ton nE :he Board o~ County Co~ss~onezs nE Co11~e~ County,
~lo~da, have been assessed aga~ns: :he above p~ope~:y on
and shai~ become a 1~en on :he p~ope~:y :hi~:y (30) days a~te~ such
You ~y ~eques: a hea~ng be~o~e :he Board nE County Co~ms~one~
mhow cause, ~E any, why :he expenses and cha~ge5 incurred by ~he County
unde~ ~h~s O~d~nanc.~ a~e unwarranted o~ exces~ve o~ why much expenses
· hou~d no: cofl~:i~u:e a l~en aga~ns: :he p~ope~y. Such :eques~
hea~ng mu~: be made ~o :he Clerk o~ :he Board o~ County
Gove~en: Cen:e~, Naples, ~1o~t~a 34112 ~n w~ng within th~y (30)
days from the date of this assessment to be valid.
CLERK, 8OAR0 OF COUNTY COMMISSIONERS
CSce 9- 1/93
AUG 0 4 1998
6
?
$
9
I0
II
12
13
14
16
I?
~9
20
21
22
23
2'7
3O
32
33
34
36
37
3S
,43
4!
42
4~
46
47
49
5O
56
A RESOLUTION OF TME BOARD OF CO~i'Y COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
T~4E ABATEMENT OF PUBLIC NUXSARCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the coat thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
I~'EREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME; LEGAL DESCRIPT~QN~ COST
Thomas Combe
1946 San Marco Rd.
Marco Island, FL 34145
REFERENCE:
57210160000
71210-016
$245.00
Lot 2, Block 221, Marco Beach
Unit Five a subdivision according to Plat
thereof, recorded in Plat Book 6, Pages 39 to 46,
Public Records of Collier County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
59
61 APPROVED AS TO FORM
62 AND. LEGAL SUFFICIENCY:
6S ~'IDAVI D WEIGEL
~- COUNTY ~TTOR~Y
6S CSce 11 1/98
BOARD OF COUN'rY COMMISSIONERS
COLLIER CO~, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMAJ~
AUG 0 1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
TWE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDS{CE
WITH ORDINANC~ 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY T}{E BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNT"f, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~er of said property, is hereby assessed
the following costs of such abatement, to wit:
Thomas Combe
1946 San Marco Rd.
Marco Island, FL
34145
57210160000
71210-016
LEGAL DESCRIPTION:
$245.00
Lot 2, Block 221, Marco Beach
Unit Five & subdivision according to Plat
thereof, recorded in Plat Book 6, Pages 39 to 46,
Public Records of Collier County, Florida.
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of =his Reso].ution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
AT'PEST: BOARD OF COUNTY COMMISSIONERS
DWIG}{T E. BROCK, CLERK COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
~JJAVI P ~EIGEL-
COUNTY A~R~Y
CSce 11 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
1998
COLLIER COUNTY, FLORIDA
LEGAL NOTICE OF ASSESSMENT OF LIE~'
DATE:
~ Pearson & Carol Irving
PO Box 571242
Tarzana, CA 91357
REFERENCE 71210-051 157648760001 LIEN NUMBER:
LEGAL DESCRIPTION:
Lot 6, Block lS4, of NARCO BEACH U}~T SEVEN, a Subdivi~ion,
&ccordl~ to the Plat thereof, recorded in Plat Book 6,Pages 55
~o 62 Of the Public Records of Collier County, Florida.
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 12/17/97, order the
abatement of a cextain nuisance existing on the above property prohibited
by Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Proh~b£~ &c~umula/ion of non-protected mowable vegetation in
excels of 18" in height in a sub~Livision other th~n Golden Gate
Pro~it~ ~ing, accumulation, storage or burial of litter, waste
or ab~n~o~property.
We~ in excess of lq" (12-16). On 3 lots of c~ercial l~nd, and
beer c~u~e ~t~. wa~ et the back of the property
You failed to abate such nuisance~ whereupon, it was abated by the
expenditure of ~ublic funds at a direct cost of $ 6~.00 and
a~inistrative cost of $200.00 for a total of $ 265.00. Such costs, by
Resolution of the Board of County Co~issiopers of Collier County,'
Florida, have been assessed against the above property on
shall become a lien on the property thirty (30) days after such
assessment.
You ~y request a hearing before the Board of County Co~issioners to
show c;use, if any, why the expenses and charges incurred by the County
under this Ordinance are un,arranged or exce~sive or why such expenses
should not constitute a lien against the property. Such request for
hearing must be made to the Clerk of the Board of County Con~nission
Government Center, Naples, Florida 34112 in writing within thirty
days from the date of this assessment to be valid.
CLERK, BOARD OF COUNTY COMMISSIONERS
and
{30)
AUG 0 4 1998
4
'7
$
9
!0
II
14
I$
1'7
19
2O
2!
34
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WNEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
W/4EREAS, the coat thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
W~EREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
W~4EREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUN~TY, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
~ LEGA~ DESCRIPTION~ CQST
~7
39
,40
41
42
43
44
45
47
49
50
.~!.
53
57
$9
Andi Pearson & Carol Irving
PO Box 571242
Tarzana, CA
57648760001
$ 265.00
~ot 6, Block 184, of MARCO BEACH
91357 UNIT SEVEN, a Subdivision, according
to the Plat thereof, recorded in Plat Book 6,
Pages 55 to 62 of the Public Records of Collier
County, Florida.
71210-0S1
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
62 APPROVED AS TO FORM
63 AND LEGAL SUFFICIENCY:
66~I.DAV I D WEIGEL
67 COUNTY ATTORNEY
6S
69 CSce 11 1/98
BOARD OF COUITrY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRM~
AUG 0 4:1998
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
FROVIDZNG FOR ASSESSMENT OF LIEN, FOR THE COST OF
~{E ABATEMENT OF PUBLIC NUISanCE, IN ACCORDANCE,
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-4'1, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS,. the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER CCA3NTY, FLORIDA, that the property described
ss follows, and having been abated of a public nuisance after due and
proper notice thereof to the o,~er of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME-. L~AL DE$CRIPTION~ CO~
Andi Pearson & Carol Irving
PO Box 571242
Tartans, CA
REFERENCE:
57648760001
$ 265.00
~ot 6, Block 184, of MARCO BEACH
913S? UNIT SEVEN, · Subdivision. according
to the Plat thereof, recorded in Plat Book 6,
Pages 55 to 62 of the Public Records of Collier
County, Florida.
?1210-0S1
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, .and if such
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is ~tayed by chis Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
LEGAL. SUFFICIENCY:
.,]
,/D~AVI'~ 0EIGEL
COUNTY ATTORNEY
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4 1998
il _
Z4~.,,A~ NOTZCE OF A~SESS"R]~T OF LZEN
E£1oen Cur=an Spot,az:
1232 Woodx£d~e Ave.
Naples, FL 34103
80105-066 162101400000
LEGAL DESCRIPTION:
Naples Manor ADD BLK 12, LOT 36.
DATE:
LIEN NUMBER:
You, as the owner of the property above described, as recorded in the
records maintained by the office of the Property Appraiser, are hereby
advised that the Compliance Services Manager, did on 01/6/98, order the
abatement of a certain nuisance existing on the above property prohibited
Dy Ordinance 91-47, serving notice thereof upon you, such nuisance being:
Prohibited accu~ulation of non-pro~ecta4~ow~ble vege~tion in
~oos of 18" in height in a s~vision o~or ~ Galen Gate
~me~ we~ ~er 18" in height.
You failed =o aba~e such nuisance; whereupon, ~= was abo~eU by ~e
a~tn~s~ga~tve cost of $200.00 ~oc a CoCa1 of ~ 245.00. Suc~ cc~Cs, by
Resolu~to~ o~ Ch. Boacd of County C~lsstonecs of Co111eg County,
Flogtda, have been assessed aqaifls~ ~he above pgopeg~y on and
shall bec~e a lien on the property thirty (30) days after such
assessment.
You ~y request a hearing before the Board of County Co~issioners to
show cause, if any, why the expenses and charges incurred by the County
under this Ordinance are unwarranted or excessive or why such expenses
should not constitute a lien against the property. Such request for
hearing must ~ ~de to the Clerk of the Board of County Co~issioners,
Gover~ent Center, Naples, Florida 34112 in writing within thirty (30)
days f~om the date of this assessment to be valid.
CLERK, BOARO OF COUNTY C~MISSIONERS
CSce 9- 1/93
AUG 0 4 1998
6
'7
9
I0
12
16
17
t9
21
31
32
33
35
~7
38
~9
41
42
43
46
49
52
53
A RESOLUTION OF ~'HE BOARD OF CObT~rY COMMISSIONERS
PROYXDZNG FOR ASSESSMENT OF LIEN, FOR T~4E COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS, the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue at a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIO~rERS OF COLLIER C~DUNT"f, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the o~ner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAM'gl ~EGAL DESCRIPTION: COST
Elleen Curran Speetor
1232 Woodridge Ave.
Naples, FL 34103
62101400000
Naples Manor ADD Blk 12, Lot 36.
$24S.00
80105-066
The Clerk of the Board shall mail a notice of assessment of lien
to the o~ne.r or owners of the above described property, and if such.
owner fails to pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
59
60 APPROVED AS TO FORM
61 AND LEGAL SUFFICIENCY:
62
65'- COUNTY ATTORNEY
67 CSce 11 1/98
BOARD OF COUN/'f COMMISSIONERS
COLLIER COL~TY, FLORIDA
BY:
BARBARA B. BERRY, CHAIRMA~
AUG 0 1998
P;. /3_=__
A RES4DLUTXON OF THE BOARD OF COUNTY COMMISSIONERS
PROVIDING FOR ASSESSMENT OF LIEN, FOR THE COST OF
THE ABATEMENT OF PUBLIC NUISANCE, IN ACCORDANCE
WITH ORDINANCE 91-47.
WHEREAS, as provided in Ordinance 91-47, the direct costs of
abatement of certain nuisances, including prescribed administrative
cost incurred by the County, shall be assessed against such property;
and
WHEREAS, the cost thereof to the County as to each parcel shall be
calculated and reported to the Board of County Commissioners, together
with a description of said parcel; and
WHEREAS, such assessment shall be a legal, valid and binding
obligation upon the property against which made until paid; and
WHEREAS,. the assessment shall become due and payable thirty (30)
days after the mailing of Notice of Assessment after which interest
shall accrue st a rate of twelve percent (12.0%) per annum on any
unpaid portion thereof.
NOW, T}{EREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF COLLIER COUNt"l, FLORIDA, that the property described
as follows, and having been abated of a public nuisance after due and
proper notice thereof to the owner of said property, is hereby assessed
the following costs of such abatement, to wit:
NAME
LEGAL DESCRIPTION:
~OST
Eileen Curran Spector
1232 Woodridgs Ave.
Naples, FL 34103
Naplos Manor ADD Blk 12, Lot 36.
$245.00
62101400000
80105-065
The Clerk of the Board shall mail a notice of assessment of lien
to the owner or owners of the above described property, and if such
owner fails to Pay such assessment within thirty (30) days hereof, a
certified copy of this Resolution shall be recorded in the official
records of Collier County, to constitute a lien against such property
according to law, unless such direction is stayed by this Board upon
appeal of the assessment of the owner.
This Resolution adopted after motion, second and majority vote.
DATED:
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
I~VI~D- ~EI~EL
CO~ A~ORNEY
CSce 11 - 1/98
BY:
BARBARA B. BERRY, CHAIRMAN
AUG 0 4 1998
/4_
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE EXCAVATION PERMIT NO. 59.656 ODUS
LANDRETH EXCAVATION LOCATED IN SECTION 12, TOWNSHIP 48 SOLrI'H, RANGE
27 EAST: BOUNDED ON TH~ NORTH' BY VAC.a~NT LOTS, ON THE EAST BY VACANT
LOTS, ON ~ SOUTH BY CANAL R/W AND ON 'IqlE WEST BY 18TM STREET NE RfW.
. ( ~. ~. :,!. :. TO iuu~ Excavation Permit No. 59.656 for the Odus Landreth Excavation in accordance with County
.' . -- 'Ontinance No. 91-102 ~ amended, Division 3.5.
CONSIDERATIONS:
The petitioner proposea to obtain
20,000.00 C.Y. to be hauled off-dm.
FISCAL IMPACt:
a commercial excavation permit to allow fill material totaling
The fiscal impact to the County is none. The County will reahze revenues as follows:
Fund: 113
Agency: County Manager
Cost Center 138900 - Development Services
Revcm~ generated by this project
Total $ 980.0O
Tbe h~-,akdown is as follow~:
a) Excavation Rcv/ew Fee- $ 850.00
b) Excavation Permit Fee - $ 130.00
GROWTH MANAGEMENT IMPACt:
None.
RECOMMENDATION:
That the Boaxd of Cx~uuty Commi~ioners approve the i~sua.nce of Excavation Permit No. 59.656 for
the Odus Lamtreth EXCaVation ,,Sth the following stipulations:
e 2
The excavation shall be limited to a maximum deplh of twelve (12) feet below wet season
wale,.' table and a minimum depth of six (6) feet below Iow water table.
Off-site removal ofmaterk 1 ,,hall be subject to "Standard Conditions" imp(
T~on Servicea Division in document dated 5/24/88 (copy a'ttach~
AUG 0 4 1998
,, P~. ~
B. The lake littoral zone shall be cr~,atcd amd planted as indicated on the Plan of Record.
4. All provisions of Collim' County Ordinance No. 913102, Division 3.5 shall be adhered to.
5. Groundwater shall not be pumped during the excavating operation.
6. No blasting will be permitted unless issued a sc-parale permit by Collier County Engineering
Review Services.
Stockpile side slope ~hall be at a maximum of 4:1 unless fencing is installed around the
entire perimeter of the stockpile area.
Any stockt~¢ in place for a period exceeding 60 days shall be seeded and mulched and
erosion control device installed.
¸'0
9. No excavation permit shall be issued until the road impact fees bas been paid.
10.
If trees are to be removed as a result of the excavating operation, a Vegetation Removal
Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier
County Planning & Technical Services before work shall commence.
~~OR ENGINEER
ENGINEERING REVIEW
VINCENT A. CAUTERO, A,~MINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
P~'mi: No..59.656 EX SUMMARY/SS~Bea
2
DATE
1998
LOCATION MAP
AUG 0 4 1998
COLLIER COUNTY TRANSPORTA~ON SERVICES
"STANDARD CONDITIONS"
EXCAVATION PERMIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF MATERIAL
The intent ofthes~ "Standard Conditions" are to provide excavation pcmaait applicants a summary of
conditions which may affect their projects and which should be taken into consideration during all
stages of project development:
Haul mutes between an excavation site and an arterial road shall be private with property
owner(s) approval or be a public collector mad built to standards applicable to handle the
resulting mack traffic. Where residential areas front collector roads, appropriate turn lanes,
buffer and bikepath shall be required as m/nimal site improvements and ifrecommended for
approval, shall be ao with the condition that the Transportation Services Admin/strafion
reserves the right to suspend or prohibit off-site removal of excavated material should such
removal create a hazardous road conditicn or sub~xafially deteriorate a mad condition; such
action by the Traaspomfion Services Administration shall be subject to appeal before the
Board of County Commissioners.
Haul routea utilizing public roads shall bc subject to road maintenance and road repair or an
appropriate fair shaa-e by thc permittee in acc. oM=cc with Excavation Ordinance No. 91-I02
as mended Div. 3.5 and Right-of-Way Ordinance No. 93-64.
Off-sit~ removal of excava!_,~d material shall be subject to Ordinance No. 92-22 (Road
Impact Ordinance). A traffic and road impact analysis shall be made by the County to
determine the effects that off-site removal of excavated material will have on the mad
system within the excavation project's zone of influence. If appropriate, road impact fees it~
accordance with Ordinance No. 92-22 shall be paid prior to the issuance of an excavation
permit.
The Tram~rtation Servicea Administration reda'yes the right to establish emergency weight
limits on public roadways affected by the off-rte removal of excavated material; the
pmcedm-e for establiahment of weight limita shall be the presentation of an applicable
reaolution before the Board of County Commissioners. Should weight limits be instituted,
the permittee sh~ll be responsible to implement measures to assure that all heavy truck
loadings leaving the permit's property conform to the applicable weight restriction.
The Excavation Performance Guarantee shall apply to excavation operations and also the
~repair of public roads in accordance with curren! ordinances and applicable
permit stipulations.
EXIqlB~ "B"
Page One of Two
AUG 0 4 1998
Pg.~
o
Based on soil boring information per Ordinance No. 91-102 as amended, a blasting permit
may be appropriate. Should a blasting p~mit appli~tion be submitted and should
r~idential ar~as exist within one mile of the excavation site, the County reserves the fight to
deny a blasting permit based on concerns for off-site impacts from blasting at an excavation
site. Should a blasting pc'milt be considered and approved, the llainiranm conditions of
approval in addition to conditions per Ordinance No. 91-102 as amended are as follows:
ho
Structure inventory/monitoring and applicable propen3r owner release as required by
the Development Services Director.
B. Security bond applicable to private property damage acceptable to the County.
Control of size/depth/number of charges per blast by the Development Services
Director.
The right of the County to suspend and/or revoke blasting permit authority should it
be determined that blasting activities are creating unacceptable off-site conditions
either in terms of private property damage and/or related physical effects of blasting
Operations.
No excavation permit shall be issued until receipt of a release from the Tram-port~on
Services Administration applicable to proper mitigation of off-site impacts, meeting of
applicable provisions of Ordinance No. 93-64, Ordinance No. 92-22, and Ordinance No.
91-102 as amended.
Reference to letter of 5124/88
Revised 1/13/98
Page Two of Two
AUG 0 1998
REQUEST TO A~PROVE FOR RECORDIN~ THE FINAL PLAT OF
PELICAN KAR~H UNIT TWENTX AND APPROVAL THE PERFORMANCE
OBJECTIVE=
To approve for recording the final plat of Pelican Marsh
Unit Twenty.
CONS IDERATION~ ~
The Board of County Commissioners on May 26, 1998
approved the final plat of Pelican Marsh Unit Twenty
with the stipulation that the plat not be recorded until
security was provided to ensure completion of the
required subdivision improvements.
FISCAL IMPACT
The fiscal impact to the County is listed below.
project cost is $894,197.25, to be borne by the
developer.
The
The security amount, equal to 100% of the cost to complete
the remaining improvements and 10% of the total cost of
the project, is $1,034,566.50. The developer has provided
a Performance Bond as the required security. The County
will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 136900 - Development Services
Revenue generated by this project:
Total: $16,765.43
Fees are based on a construction estimate of $894,197.25
and were paid in April and May of 1998, and are reflected
in the Executive Sunmmary of May 26, 1998.
hUG 0 4, 1998
Executive Su**.'~ary
Pelican Marsh Unit Twenty
Page 2
G~OWTH ~ IMPACT, None
R~COMMENDATION:
That the Board of County Commissioners approve the final
plat of "Pelican Marsh Unit Twenty", with the following
stipulations:
1)
Accept the Performance Bond as security to
guarantee completion of the Subdivision
improvements.
2)
Authorize the recording of the final plat of
"Pelican Marsh Unit Twenty".
3)
Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
4)
That no Certificates of Occupancy be granted
until the required improvements have received
preliminary acceptance.
PREPAR~ BY:
John R. Houldsworth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
T~oma~ E. Kuck, P.E.
Engineering Review Manager
Date
Kober~ )tulhere, AICP
· Services De~tment Director
Vincent A. Cautero, AICP, Administrator
Community Development & Environmental Services
Date
Date
Con~m/nity Dev. and Environmental Svcs. DIVISION
Jrh
AUG 0 4 1998
GOLF
VICTORIA
PARK
SIX
UNIT
EIGHT
UNIT TEN
ELE.WEN'.'-TA R Y
SITE
~INE
~IDGE
AUG 0 4. 1998
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIV'[.$ION IMPRO~MENTS
THIS AGREEMENT entered into this ~ day of ,1998, between
WCI COM3/IUNITIES LIMITED PARTNERSHIP, a Delaware Limited Pa,'-tnersl-,/p>
hereinafter referred to as "Developer", and the Board of County Commissioners $f
Collier County, Florida, hereinafter referred to as "The Board".
RECITALS
Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of a certain plat of a subdivision to be known as Pelican Marsh
Unit 20.
Division 3.2 of the Collier County Unified Land Development Code requira.:
Developer to post approl:wiate gumantees for construction of the improvements required
by said subdivision regulations, said guarantees to be incorporated in a bonded agreemer:':
for the construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and
covenants hereinaP~er set for,h, Developer and the Board do hereby covenant and ag-er;
follows:
Developer will cause to be constructed: The paving, drainage, potable water,
irrigation water, sanitary .sewer, and street lighting improvements for ~e[':.:.._.
Marsh Unit 20, within twenty-four (24) months from the date of approval
said subdivision plat, and said improvements hereinafter referred to as t~'._::
"required improvements".
Developer herewith tenders its Subdivision Performance Bond (ar, acheZ
hereto as Exhibit "A' and by reference made a part hereof')' hereinafter tl:-._~:
"Bond", in the :mount of $1,034,566.50 which amount represents 10% of t~;,.
total contract .'.crt to complete construction, plus 100% of the estimated co~t t.:,
complete th.: required improvements at the date of this Agreement.
In the event of default by the Developer or failure of the Developer ~o
complete such improvements within the time required by the Lan~
Development Code, Collier County, after written notice to Developer, may
call upon the Bond to insure satisfactory completion of the required
improvements.
The required improvements shall not be considered complete until a statement
of substantial completion by Developer's en~neer along with the final xoject ~
'"'~O E A
AUG 0 4 1998
records have been furnished to be reviewed and approved by the Development
Services Director for compliance with the Collier County Land Development
Code. The Development Services Director shall, within sixty (60) days of
receipt of the statement of substantial completion, submit his
recommendations concerning the required improvements to the Board.
o
Upon receipt by the Board of recommendations from the Develo?msnt
Sec'ices Director concerning required improvements, the Board shall vAthin
thirty (30) days either: (a) notify the Developer in writing of its preiimin,~?
acceptance of the improvements; or (b) notify the developer in writing of its
refusal to accept the improvements, therewith specifying those conditions
which the Developer must fulfill in order to obtain the Board's acceptance of
the improvements. However, in no event shall the Board refuse preliminary
acceptance of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
The D~eloper shall maintain all required improvements for minimum p~Hod
of one year after preliminary acceptance by the Board; after the one
maintenance period by the Developer has terminated the Development
Services Director shall inspect the improvements and, if £ound to be still in
compliance with Collier County Land Development Code as reflected by
acceptance by the Board, the Developer's responsibility for maintenan:z
the required improvements shall terminate and the Board shall re!e~s~
remaining ~0% of the Bond, otherwise the Developer's responsibi':?!;y for
maintenance shall continue until final acceptance by the Board.
°
In accordance with Division 3.2 of the Collier County Land r~,,o~ .........
Code, the Developer may request the Development Services Director t.~
reduce annually the dollar mount of the Bond on the basis ~" ...... '-
completed. Each request for a reduction in the dollar amount of the Bond
shall be accompanied by a statement of substantial completion by :Ze
Developer's enginee: together with the project records necessary for review
by the Development Services Director. The development Services Director
may grant the request for a reduction in the amount of the Bond for '27,
improvements completed as of the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations under
this Agree. racnt, upon certification of such failure by the Development
Services Director and upon notice as provided by the Land Development
Code, the Boaxd shall have the right to construct and maintain, or cause to be
constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvement required herein. The Developer, az,
principal under the Bond tendered herev,-ith, shall be liable to pay and to
indemnify the Board, upon completion of such comtmction, the final oral
cost to the Board thereof, including but not limited to, engineering, leg~ I and
AUa 0 1 1998
contingent coztz, together with any damages, either direct or consequential,
which the Board may sustain on account of the failure of the Developer to
carry out all of the provisions of this Agreement.
All of the terms, covenant~ and conditions herein contained are and shall be
binding upon the respective successors and assigns oft.he Developer.
IN WITNESS WHEREOF, the Board and the Developer have caused this
Agreement to be executed by their duly authorized representative this day of
,1998.
Signed, sealed and delivered
in the presence off
ATTEST:
DWIGHT E. BROCK, CLERK
Owner & Applicant
WCI Communities Limited Partnership,
a Delaware Limited Partnership
By:
Su.~a~ Hebel'Wa~
Sen/or Vice President
BOARD OF COU~'TY
COMMISSIONER OF COLLIER
COUNTY, FLORIDA
Approved as to form and
legal sufficiency:
avad C We~gel
County Attorc~y
Chairman
AUG 0 4 1998
COLLIER COUNTY LAND DEVELOPMENT CODE
PERFORMANCE BOND
· Bond Number:
154)07-51 I
KNOW ALL PERSONS BY THESE PRESENTS: that
Communities Limited Partnership
24]01 Walden Center Drive
Boni~ Springs, FL 34134
(hereinafter referred to as 'Owner') and
Liberty Mutual Insurance Company
Boston, Massachusetts
(l~ereinafter referred to ms" ~uret3/') are hdd and firmly bound unto Collier County, Florids,
refen'ed to as 'County') in the total aggregate sum of One Million Thirty-four Thousand .':iv-.
Sixty-six Ddlars and Fifty Cents ($1,0134,566.50), in lawful money of the United States, for the psyr,':~.'.t o,'
which sum wall and truly to be made, we bind ourselves our heirs, ~ecutors, administrators, suc¢~:c,;':
aldCns, ioirttfy and severalfy firmly by these presents. Owner and Surety are used for singular or plural.
context r~quires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted far approva! b'/
Board a certain subdi¥ision plat named P,~li?n Marsh Unit 20 and that certain subdivision shall indu-,J-u
improvements whkh are required by Collier County Ordinances and Resolutiuns (hereinaft,":
Development Regulations'). This obligation of Surety shall commence on the date this Bond is execu.'.ed and
shall continue until the date of the final acceptance by the Board of County Commissioners of the
improvements described in the Land devdopment regulations (hereinalrter the guaranty period).
NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and dut:,~::
aczo,-dance with the Land Development Regulations during the guaranty period established by the County.
the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County
from the against ali costs and damages which it may suffer by reason of Owner's failure to do so, and
rdmbtn'se and repay the County all outlay and expense which the County may incur in making good any
default, then this obligation shall be void, otherwise to reraain in fuel force and effect.
PROVIDED, FURTHER, that the said Surety, for value ret. rived hereby, stipulates and agrees that no ch~nFs::,
extension of time, alteration, addition or deletion to the proposed spedfic improvements shall in any way aff. e':.c
~ obligation on this Bond, a~,d it does hereby waive notice of any such change, extension of time, alteration,
addition or dek,,tion to the proposed specific improvements.
PROVIDED. FURTHER, that it is exprmdy agreed that the Bond shall be deemed amended automatically and
knmediately, without formal and separate amendments hereto, so as to bind the Owner and the Surety to the
full and faithful performance in accordance with the Land Development Regulations. The term "Amendment,"
wherever used in this Bond, and whether referring to this Bond, or other documents shall include any alteration,
addition or modification of any character whatsoever.
AUG 0 1 1998
(doHz~ in thous3nds)
Premium Ln Course o; Collection' ,,
Relnsuranct Recoverables ore Loss and Loss Adjush'nent Expense P&yrnen~ .....
Interest. Divklends and Real Esttte Im re, ne Due and Accrued
TOTAL ADMITTED A~S'E'I'S
II,609,662
242,970
~7L2~,8
16,698,7~4
1,52!,916
Ig3.f30
168,557
779.394
19,352,181
Liabilities and Surplus
Unassip-~ Surpl.s. ,
Cuar~n ~ Fund! ...........
Surplus Notes
TOTAL SI.IR.P LU$
TOTAL LIABILITI ES AHD SUILPLU$,
('E~lud~s l~n~uuu more than 90 days du~)
36,194
91,77.4
!32B5,£,'.3
4,~"24,567
6,~,.,~
COMMGNWEALTH OF MA~ACHU$~
COUNTf OF SUFI~LK
S~
Dermis LJngweli, being duly r~tom, ~: That Iw b Vice P~td~t ~d ~ptm~r of ~ Mural ~urm~ Company; ~t
m~ ~p~ ~ a mu~l ~u~ ~ny duly ~, ~g ~ ~gag~ ~ ~i~ ~ a ~ty by H~e of ~ ~ws of
~ ~we~ ~ ~ duly ~pB~ wi~ a~ ~e ~ui~ ~ ~ h~ of ~id ~w~l~ a~ of ~
h~of ~ S~teof ................ a~ble to ~ ~p~y a~ ~ duly q~h~ to a~ ~ sure~ ur~
~ h~ ~t ~M ~ ~ ~ ~p~ ~ ~ b duly ~ ~ a~ u ~ ~ f~enl ~s und~ ~on 9~ of
~ 31 ~ ~ U~ S~ ~
Th3t the fot~ its a/ulL frae and cc n%,c't statement or' the rmanchl conditio~ o: said Coml:~ny an the 31st city De:tmber, 1997.
Sw~r3 to b~foc~ n~ this 31s~ ~ay of March, 1998
RBQ~IEST TO APPROVE THE FINAL PLAT OF "BRIARWOOD UNIT SIX~
To approve the final plat of "Briarwood Unit Six", a subdivision of
lands located in Section 21, Township 49 South, Range 26 East,
Collier County, Florida.
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Briarwood
Unit Six". These documents are in compliance with the County Land
Development Code and Florida State Statute No. 177. All fees have
been paid. It is the intent of the developer to construct the
i~provements for this project prior uo recording of the plat or to
fuz77ish the required amount of approved security for recording
purposes at a later date. This procedure would be in conformance
with Division 3.2 of the Collier County Land Development Code.
Engineering Review Section recommends that the final plat of
~'"Briarwood Unit Six" be approved with the stipulation that the final
plat not be recorded until the required improvements have been
constructed and accepted or until the approved security is received
to guarantee completion of the required imp. rovements.
'The fiscal impact to the County is as follows.
The project cost is $361,223.53, to be borne by the
developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving & Grading
- $138,400.00
- $222,823.53
The County will realize revenues as follows:
Fund: Co~m~unity Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $7061.00
Fees are based on a construction estimate of --
$361,223.53 and were paid in June, 1998.
AUG 0 4 J98
Briarwood Unit Six
Page 2
The breakdown is as follows:
a)
Plat Review Fee
($425.00 + $ 4./ac)
- $ 5!0.00
b)
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 692.00
Drainage,
Paving, Grading (.425% const, est.)- $ 947.00
c)
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $2074.00
Drainage,
Paving & Grading (1.275% const, est- $2838.00
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
~ECf~ATION:
That the Board of County Commissioners approve the final plat of
"Briarwood Unit Six" with the following stipulations:
1)
That the final plat not be recorded until the required
improvements have been constructed and accepted or until
.approved security is received for the uncompleted
improvements and that construction shall be completed within
36 months of the date of this approval.
2)
Authorize the Chairman to execute the attached Construction
and Maintenance Agreement.
3) That no building permits be issued until the final plat is
recorded.
4) That any outstanding issues with the construction plans and
plat are resolved prior to the pre-construction meeting.
AUG 0 1998
Page 3
PREPARED BY:
John R. Houldsw°rth, Senior Engineer
Engineering Review
REVIEWED BY:
Engineering Review Manager
Plannin~F Services Department Director
Vincent A. Cautero, AICP, Administrator
Cc~mmu~ity Development & Environmental Services
Co:mnm~nity Dev. and Environmental Svcs. DIVISION
j rh
Date
Date
Date
bate
AUG 0 ~: 1998
PROJECT
SITE ~
25
3O
RADIO ROAD
32
c.R. sss)
1 FOXFIRE
DAVIS BOULEVARD
(S.R. 84)
CONSTRUCTION AND MAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AN MAINTENANCE AGREE~ for SUBDIVTSION
IMPROVEMEZNTS, entered into this day of ., 1998, ' .....
REPUBLIC DEVELOPMENT CORPORATION OF OHIO, INC, AND
DEVELOPMENT CORPORATION, hereinagter jointly referred to as "Developer" and the .... '
of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board".
KECITALS
Developer has, simultaneously with the delivery of this Agreement, applied for the approval
by the Board ora certain plat of subdivision to be known as: BRIARWOOD UNITS[X.
2
Division 3.2 of the Collier County Unified Land Development Code requires the Developer
to post appropriate guarantees for the regulations, said guarantees to be incorporated in ay.
agreement, with security, for the construction of the required improvements.
NOW, THEKEFORE, in consideration of the foregoing premises and mutual covenants hereinafl, er
.set forth, Developer and the Board do hereby covenant and agree as follows:
Developer will cause to be constructed: Water, sewer, drainage, access, buffer and lighdng
infrastructure se,wing BRIARWOOD UNIT SIX within 3._{6 months from the date c.f
approval of said subdivision plat, said improvements herein after referred to as the required
improvements.
Developer herewith tenders its Letter of Credit/Surety Bond (attached hereto as Exhibit A"
and by reference made a part hereo0 hereinafter the "Letter of Credit"/"Surety Bond", ir..
the amount of $396,674.00, which amount represents 10% of the estimated cost to
.complete construction plus 100% of the estimate cost to complete the required
improvements at the date of this Agreement.
o
o
In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier County,
may call upon the [.etter of Credit/Surety Bond to insure satisfactory completion of the
required improvements.
The required improvements shall not be considered complete until a statement of substantial
completion by Developer's engineer along with the final project records have been furnished
to be reviewed and approved by the Development Services Director for compliance with the
Collie.' County Land Development Code.
AUG 0 ~ 1998
o
The Development Services Director shall, within sixty (60) days of receipt of the statement
of mbstantial completion, either:, a) notify Ibc Developer irt willing of his preliminary
approval of the improvements; or b) notiSy the Dev'eloper in writing of l-ds refusal to
approve improvements, therewith specifying those conditions which the Developer must
fulfill in order to obtain the Director's approval of the improvements. However, in no even~
shall the Development Services Director refuse preliminary approval of the improvemen~.s ~7
o
they are in fict construmed and submitted for approval in accordance with the ~ ~, ........ '~
of this Agreement.
The Developer shall maintain all required improvements for a rdnimum period of one year
after preliminary approval by the Development Services Director. After the one yea:
maintenance period by the Developer has terminated, the Developer shall petition the
Development Services Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if' found to be still in
compliance with the Collier County Land Development Code as reflected by final approva!
by the Board, the Board shall release the remaining 10% of the subdivisions performance
security. The Developer's responsibility for maintenance of the required improvements sha!i
continue unless or until the Board accepts maintenance responsibility for and by the County.
Six (6) months after the execution of this Agreement and once within every si:(. (6) mon~.},s
thereafter the Developer may request the Development Services Director to reduce the
dollar amount ofthe subdivision performance security on the basis of work completed. Each
request for a reduction in the dollar amount of the subdivision performance security shall be
accompanied by a statement of substantial completion by the Developer's engineer together
with the project records necessary for review by the Development Services Director. The
Development Services Director may grant the request for a reduction in the amount of the
subdivision performance security for the improvements completed as of the date of the
request.
7
In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement,
upon certification of such failure, the County Administrator may call upon the subdivision
performance security to secure satisfactory completion, repair and maintenance of the
required improvements. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and receipt and
acceptance of bids, the improvements required herein. The Developer, as principal under the
subdivision performance security, shall be liable to pay and to indemnify the Board, upon
completion of such construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any damages, either direct
or consequential, which the Board may sustain on account of the failure of the Developer to
fulfill all of the provisions of this Agreement.
All of the terms, covenants and conditions herein contained are and shall be binding upon
the Developer and the respective successors and assigns of the Developer.
2
AG A I ' ' ·
AUa 0 4 1998
IN WITNF~S WHEREOF, the Board and the Developer have caused this Agreement to be
~xa:cuted by their duly authorized repres~tatives this_ _ day of ,1998.
$igme~ Sealed and Delivered
in thc pre~-'ncx of
ATTEST:
Dwight E. Brock, Clerk
BKIAKWOOD DEVELOPk~T COPORAT]'0iq
William Spir~elli, President
REPUBLIC DEVELOPMENT CORPOIL~/:'10N OF
OHIO, INC., a Florida Corporation
William C. Mitchell, President
BOA_RD OF COUNTY COM2vflSS!Olx~KS
OF COLLIER COUNTY, FLORIDA
By:
Barbara B. Ben'y, Chairman
Approved as to form and
legal sufficiency:
r~l cl w~gea
Collier Cou~[y Attorney
AUG 0 4 1998
BRIARWOOD UNIT SlX
POTASL~ WATER
r PVC
12' F%'C
FIRE HYD WI VALVE
3' CONDUIT
8' GV
12' GV
PERM. SAMPLE POINT
TEMP. BLOWOFF
TOTAL WATER
DRAtNAGE
15' RCP
42' RCP
GRATE INLET
CONCRETE HEADWALL
THROAT,INLET
TOTAL DRAINAGE
· PAVING
1 1/2' ASPHALT {2 UFT$}
6' BASE
12' STABILIZED SUBGRADE
$1D~NALK
TYPE A CURB
TYPE E CURB
VALLEY CURB
TEMPOI~Ar~ ,' T',,;.'..': ;.." '.
SIGNAG E/STRIPING
STREET UGHTING
TOTAL PAVING
QTY. UNFr
1180 LF
991 LF
7 EA
8OO LF
4 EA
3 EA
1 EA
1 EA
675 LF
450 LF
2 EA
4 EA
8 EA
6581 SY
6581 SY
8003 SY
3815 LF
224 LF
181 LF
3861 LF
I EA
1 LS
6 LS
COST
$9,80
$12.80
$1 °500.00
$1.30
$725.00
$1,085.00
$725.OO
$ 6OO.OO
$16.20
S56.G0
$980.00
$1.050.00
$1,250.00
$3.20
$3.60
$2.20
$6.50
$6.21
$6.20
$5.20
$3O0.0O
1,750.OO
$800.00
5.26.98
PR:C':
$11,5~4.00
$12,684.80
$1 O, 500.00
$1,040.00
$2,900.OO
$ 3.255.00
$725.CKI
$ 60C.00
$43.268.80
$14,175.OO
$25.200.00
$1,960.00
S4,200.00
$10,0OO.00
$55,535.C~
$21,059.20
$23.691.60
S17,606.60
S24,797.50
Sl,391.04
$1,122.20
$20,077.20
$ 300.00
S 1,750.00
$4,800.00
$116,595.34
AUG 0 1998
KeyBank
A KeyCorp Bank
KEYBANK NATIONAL ASSOCIATION SWIFT: KEYBUS33LCC
INTERNATIONAL OPERATIONS TELEX: 212525 SNB UR
127 PUBLIC SQUARE FAX: (215) 689-4066
CLEVELAND, OHIO 44114-1306 PHONE: i216~ 689-703z^
DATE: JULY 15, 1998
IRREVOCABLE STANDBY LETTER OF CREDIT NO. ~98~95514
ISSUER: KeyBank National Association
International Operations (0H-01-27-0706)
127 Public Square
Cleveland, Ohio 44114-1306
PLACE A,ID DATE O, ISS~.: July 15. 1998. Cle/eland. Ohio
PLACE OF EXPIRY: At Issuing Bank's counter in Cleveland, Ohio
.
DATE OF EXPIRY: This Credit shall be valid until JUL¢ 15. 1999.
and shall thereafter be automatically renewed for successive o~e year
periods on the anniversary of its issue unless at least sixty (60~ days
prior to any such anniversary date, the Issuer notifies the Beneficiary
in writing by registered mail or courier that the Issuer elects not to
~o r_n_w th s C._dl..
2epublic Development Corporation Ohio,
APPLICANT:
of
Inc.
5,50" Republic Blvd., N. No. 3
Toledo, Ohio 43015
By order ot Briarwood DeveloDment Corporation
3927 Arnold Avenue
Naples, Florida 24104
BENEFICIARY: The Board of County Con~nissloners
Collier County, Florida
Collier County Courthouse Complex
Naples, Florida 33962
Attn: Office of the County Attorney
AMOUNT: USD 396,674.09 (United States Dollars Three Hundred Ninety Six
Thousand Six Hundred Seventy Four and OO/100).
CREDIT AVAILABLE WITH: Issuer
BY: Payment against documents detailed herein and Beneficiary's draf
sight drawn on the Issuer.
**CONTINUED ON PAGE TWO*m
Authori zeUS'1
AUG 0 1998
Authorized SI gn~ature/EvtNo. O 1
A KeyOorp. Bank
KEYBANK NATIONAL ASSOCIATION
INTERNATIONAL OPERATIONS
127 PUBLIC SQUARE
CLEVELAND, OHIO 44114-1306
SWIFT: KEYEUS33LCC
TELEX: 212525 SNB UR
FAX: (216) 689-4066
PHONE: (216) 68~-7032
PAGE TWO - CONTINUATION OF LETTER OF CREDIT NO. S98/95514 DATED 07/15/98
DOCUMENTS REQUIRED: Available by Beneficiary's draft(s) at sight erawn
on the Issuer and accompanied by Beneficiary's statement purportedly
signed by the County Manager, certifying that:
"Republic Development Corporation of Ohio, (nc. and Briarwood Develo.cment
Corporation has failed to construct and/or maintain the improvements
associated with that certain plat of a subdivision known as BRIARWOOD
UNIT SIX or a final inspection satisfactory to Collier County 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."
Drafts drawl' under this Letter of Credit must be marked: "Drawn under
KeyBank National Association Credit No. S98/95514 dated July 15, 1998'.
The original Letter of Credit and all amendments, if any, must be pre-
sented for prc~er endorsement.
This Letter of Credit sets fJ, L;, in full the terms of the Issuer's under-
taking and such undertaking shall not in any way be modified, amended,
or amplified by reference to any document, instrument, or agreement
referenced to herein or in which this Letter of Credit relates, any any
slJch reference shall not be deemed to incorporate herein by reference any
document, instrument or agreement.
~ssuer hereby agrees with Beneficiary that draft(s) drawn under and in
compliance with the terms of the Credit shall 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.
Authorized
Authori zed ~gnatu re/EvtNo. 01
AUG 0 1998
R~QUEBT TO APPROVE FOR RECORDINg THE FINAL PLAT OF "THE COVE", AND
APPROVAL OF THE PERFORMANCE SECURITX
To approve for recording the final plat of "The Cove", a subdivision
of lands located in Section 33, Township 48 South, Range 26 East,
Collier County, Florida.
C0N D ATZON:
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "The Cove"
These documents are in compliance with the County Land Development
Code and Florida State Statute No. 177. All fees have been paid. It
is the intent of ~he developer to record the plat prior to
construction of the improvements. The security in the amount of 110%
of the total cost of the required improvements is being covered by
construction ~nd maintenance agreement and an Irrevocable Letter of
Credit. Th~s would be in conformance with the County Land
Development Code - Division 3.2.9.
Engineering Review Section reco~nds that the final plat of "The
Cove" be approvea for recording.
FISCAL 17 , ACT.'
The fiscal i,~pact to the County is as follows.
The project cost is $609,858.82 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a)
b)
Water & Sewer
Drainage,
Paving, Grading
- $206,800.00
- $403,058.82
The Security amount, equal to 110% of the
project cost, is $670,684.00
The County will realize revenues as follows:
Fund: Co~L~u~nity Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $11,508.20
Fees are based on a construction estim
$609,858.82 and were paid in June, 1998.
AUG 0
Executive Summary
The Cove
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac)- $ 522.00
b)
c)
Paving, Grading (1.275% const, est.)
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $1034.00
Drainage,
Paving, Grading (.425% const, est.- $1713.00
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $3102.00
Drainage,
- $5138.00
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Commissioners approve the Final Plat of
"T~e Cove" with the following stipulations:
1. Accept t~.a Irrevocable Letter of Credit as security to
~uarantee uc.-?letion ~¢ ~h- subdivision improvements.
2. Authorize the recording of the Final Plat of "The Cove".
Authorize the Chairman to execute the attached construction
and maintenance agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary acceptance.
PREPARED BY:
John R. Houldsworth, Senior Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Planning Service? Department Director
Vincent ~. Cautero, AI¢~, Admini~t:rat:or
¢o~,.an±t:¥ l~velo~nt: & Environmental Ser.,±ces
Date
a~~~?~ AUG 0 4 1998
· 18 17 16 1,5 14 1.3
L
· ' I 'pROjFCT
· (C.R.i ~s) LOCATION
· NAPLES-,-]IMMOKALEEROAD ,, __. __
! 50 29 28 25'
I
,36 3I 32 4 35 36
"'" '" ~ (C.R. 862),
T 48 S VANOERBIL'tBEACH RCkD
.,,.,,.,. T49 5;
1~ 6 '~ ""'""' "4. ..3 2 1
': '.'~,,L, "- : jX. · ' ·5 ° ': ....... ' '" ":";?=2'"' -'
· - . · : "?...,~...~2, .I
...... '"~'" ~,~ ' :'"' :;;'-'" '" - '.-,';, ':': ~.;.-::_~ :-"-,~--'i ..,.~.._.~..;...
::~._- .,..-,=..-., ..-,: ..-..=: ......... . ..........
... ....... ';,' ;.18, ~¢:':.-.~: , .-_--,-.:,.~..,,.. ,..- _ ....~.
NOT TO
SCALE
'I'h7iS CONSTRUCTION AaND MAINTENANCE
SUBDMS!ON L~ff~RO~'TS entered into this day of
CONSTRUCTION Alh~ MALNTENANCE AGREEMENT
OF SIJ'BDI"v"ISION D, IPROVE.MENTS
AGREEMENT
FOP,.
between Island Walk Development Company herehmfter referred to as "Developeff and the
Board of County Commissioners of Collier County, Florida, hereinafter re£erred to as
Board'.
,Rg, crrALs
1. Developer has, simultaneously with the delivery of this Agreement,
the approval by the Bom-d of a certain plat of a subdivision to be known as: Isl~g
Tract "O", ~,e Cove at Island Walk.
2. Division 3.2 of the Collier County Unified Land Development Code :--- -'".'-,=':
the Developer xo post appropriate guarantees for the construction of the
required by said .-,~bdivision regulations, said guarantees to be incorporated gq
agreement for fine cons~'uction of the requu'ed improvements.
NOW, THEREFORE, in consideration of the foregoing pre'mise_~ ,r_nd "v::::'~".
covenants hereinafter set forth, Developer and the Board do hereby covenant and
follows:
1. Developer will cause to be constructed: a potable water system, sanita_,y
system, drainage, grading, paving and miscellaneous as outlined in Engineer's Co~t
(attached hereto as Exhibit "A' and by referenCe made a part homo0 within I2 month.r,
the date of spproval of said subdivision plat, said improvements hereinafter referred to as ,'..he
required improvements.
2. Developer herewith tenders its subdivision performance security (attached
hereto as Exhibit "B' and by reference made a part hereof) in the amount of $670,684.00.
which amount represents 10% of thc total contract cost to complete construction plus 100%
of the estimate cost to complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer
complete such improvements w4thin the time requkcd by the Land Development. CeSe,
Collier County, a_erer written notice to Developer, may call upon thc subdivision peffom'2_nc~
security to insure satisfactory completion of the required improvements.
4. The required improvements shall not be considered complete until a s.~, ..... .-
of substantial completion by Developer's en~neer along with the final project records'
been furnished to be reviewed and approved by the Development Services Director ;'%r
compliance with the Collier County Land Development Code.
5. .the Development Services Director shall, within sixty (60) days of rece[p'c
the statement o~' substantial completion, either: a) notify the Developer in writing of Ms
preliminary app~'wal of the improvements; or b) notify the Developer in writing or
· *,,,,-o,~.:h ~,~-i~¢in~ ~ose conditions vA'Ach ;,he ~' ":'
refuse! to ap7 rove kmp:~., ........ , ....
must fulfzll in or,er to obtain the D2rector's apFoval of the Lmprovements. However, :2 ==2
event shall the Development Services Director refuse prelJ, min~ approval of the
improvements if .they arc in fact constructed and submitted for approval in accord~ce
thc requirements of this Agreement.
6. The Developer shall maintain all required improvements for a m/nimum period
of one year m°rcr preliminary approval by the Development Services Director. After the one
year maintenance period by the Developer has terminated, the Developer shall petition the
Developrment Services Director to inspect the required improvements. The Development
Sm'vices Director or _his d~signee shall inspect the improvements, and, if found to be still in
compliance with Collier County Land Development Code as reflected by final approval by
AuG 0 ~ 1998
the Board, the Board shall release the remaining 10% of the subdivision performance
security. The Developer's i-esponm'bility for ~alnte~;mce of.the required improvements shall
continue unless or -.,mtil the Board accepts maintenance responsibility for and by the County.
7. Six (6') months atk'r thc execution of this Agreement and once wk,~'£'; cvco: si;:
(6) months thereafter the Developer may request the Development Services Director to
reduce the dollar amount of the subdivision performance security on the basis of
completed. Each request for a reduction in the dollar amount of the subdivision
sh~ll be accompanied by a statement of substantial completion by the Developer's
together with he project records necessary for review by the Development Ser~4ces
The Devekrpn'ent Services Director may grant the request for reduction in the arnou,"~':
subdivision pe~."7ormance security for the improvements completed as of the date o~'
request.
8. In the evt, a: ~._~ D,,velo~)er shall fail or neglect to fulfill its obliga~Jo~
t2':is Agreemenk upon certification of such failure, the County, Administrator may ~:'"'f" '.
the subdivision performance security to secure satisfactory completion, rep',2-'~ :-:-.
maintenance of the required improvements. The Board shall have the right to co,--,s~.5.e: ~:-:.'.'.'.
maintain, or cause to be constructed or maintained, pursuant to public advertistm::e:c: '-'""
receipt and acceptance of bids, the improvements required hereN.. The Devel,~pzr,
principal under the subdivision performance security, shall be liable to pay and to indemni~
the Board, upon completion of such construction, the final total cost to the Board thereof,
including, but not limited to, engineering legal and contingent costs, together wSff,
damages, either direct or consequential, which the Board may sustain on accotmt of
failure of the Dc-o,,eloper to carry out all oft. he provisions of this Agreement.
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer respective successors and assib"n~ of the Developer.
IN WITNESS WHEREOF, the Bosrd and the Dcvdopcr havc caused this Agr¢cm,nt
~ be ~ by th~ duly ~ho6~ n~mafiv~ fl~ day of_ ,,,
Signed, Scaled and Delivcred
, in the presence of: . __
ATTEST:
DWIGHT E. BP, OCY~ Clerk
ISLAND WALK DEVELOPMEN7
COMPANY
BOARD OF COUNTY COMMISSICY~.?~S
OF COLLIER COUNTY, FLORIDA
Approved as to form and legal sufficiency:
~-m,~ agr
Barbara l~,-'zy, Chum
1998
OPLNION OF PROBABLE COST
.AUG 0 4:~998
Summ~-~
07T2-0e214)0-E I
Sanitary Collection S~m $117,277.90
Potable Water $89,479.01
Drainage :$82,163.08
Eartbwo~ $105,21(~ 13
Pa~dag $19S,TSL8I
.*.ight~g* $~,soo. oo
Total Oa:ltraet $609,711.93
AUG 0 4 1998_
421
422
410
4II
J~lm'~d W~lk T~lct '0'
2~37Z00 LF 1;;12.75 $30,24i00
672.00 LF 1;19.00
$12,75&00
· 944.00 LF $'21.00
1;19, g24.00
191.00 LF $26.00
$4,966.00
8.00 EA $998.00
1;7,984.00
3.00 EA 1;1,200.00 $3,60a Ca9
4.00 F.A $1,389.00 $5,556.00
2.00 EA $1,727.00
1.00 FA $322_90
68.00 EA $420.00
Total Sani~-y CollecIion S~-tem:
$3,454.00
I;322.905
$28,56O. OO
. $I17~77.90
AUG 0 i 1998
~'otnble ~at~
07'72-021-00-£I
9001
553
4T/
484
Ouant{t¥ Unit
Unit-Pr~ ^rn, unt
4,077.00 LF $9.13 $37,223.0I
200.00 I2: $10.15 $2,030.00
68.00 EA. $400.0C $27,200.00
1.00 LS $235.¢0 $235.00
9.00 EA $1,745.00 $15,70100
6.00 EA $591.00 $3,546.00
2.00 ]~A $1,670.~C~ $3,340.00
1.00 LS $200.00 $200.00
Total Po~ble
$89,479.01
~uG 0 ~ ~998-
077247214X~EI
1045
~uantity
61,507.00
Unit U.nit-Price
CY ,~1.59
7,414.00 CY
$97,796.13
~7,41400
/
AUG 0 4 1998-
Dr'ain,~ge
0W2-021-00-EI
9002 I$' RCP flzred e~d
9003 24' flzred cad
:27I I$' R~
~ Y~
272 Ig' R~
~3 24' R~
~5 36' R~
375 G~ ~
tit it nit- ' rn unt
9.00 EA $400.00 $3,600.00
1.00 EA $568.C0 $568.00
2,159.00 LF $18.00 $38,86Z00
1.00 EA $225.00 $225.00
1.00 LS $800.00 $800.00
142.00 LF $20.00 $2,840.00
188.00 LF $24.41 $4,589.08
142.00 LF $42.00 $5,964.00
3.00 EA $858.00 $2,574.00
15.00 EA $1,223.00 $18,345.00
4.00 EA $949.00 $3,79&00
Total Dr~n,~¢:
$82,163.08
/ UG 0 i 1998
O?72-021-(X)-EI
~dl (fum/sh~ by owner)
J. sl~nd~'~Jk Tr~c~ ~0'
~tit~ Uni,t
61,507.00 CY
7,414.00 CY
$1.5.~
SI.GO
Total Earthwo~.4c:
$7,4i4.00
AUG 0 4 1998
_:;._/"/-_
0T724121-00-E!
$$9 19-' StabiliZed subgr~¢
$94 6' Lhnero~ base
598 I0' r~ ~
1145 1 1~' ~,= ~
~ s-~
~ ~)
~ & ~
(~ ~y)
24" ~ ~
S~ U~t ~
S~ ~
Esti-~ted
- Q~, rl.~i.~ Unit Unit-Pric~ Amount
17,448.00 ST $i .20 $20,937.60
9,347.00 SY $2.95 $27,573.65
4,920.00 SY $6.00 $2~,52~100
14,267.00 SY $3.53 ~' ~'
,50,~oZ5!
1,870.00 SY $I.00 $1,870.00
79.00 LF $5.95 $470.05
15.00 EA $157.50 $2,362.50
8,400.00 LF $3.84 $32,256.00
2,271.00 SY $13.50 $30,658.50
1,400.00 LF $0.30 $420.00
50.00 LF $3.12 $156.00
3.00 EA $50.00 $150.00
9.00 EA, $5.00 $45.00
~.00 EA $200.00 $1,200.00
2.00 -F~ $200.00 $400.00
Total ?a~ng: $138,78Lgl
1998
4,200.00 LF ~4.¢~,9 $I6,800.00
Tota/Lighting:
$16,800.00
AUG 0 ~ 1998_
.......Z".:_ / ~ ,
ADVISING BANK:
LETTER OF CREDIT NIR4BER: P030!64
ISSUANCE DATE: JUNE 08, 1998
APPLICANT:
DIVOSTA AND COMPANY, INC. AND
ISLAND WALK DEVELOPM~F COMPA/VY
4500 PGA BOULEVARD, SUITE 400
PALM BEACH GARDENS, FL 33418
BENEFICIARY:
THE BOARD OF COUNTY
COMMISSIONERS. COLLIER COUNTY,
FLORIDA, COLLIER COUNTY
COURTHOUSE COMPLEX
NAPLES, FLORIDA 33962
ATTN: PROJECT PI~%N R~'~;IEW
FOR USD 670,684.00
(SIX HUNDRED SEVENTY THOUSAND SIX HI/NDRED EIGHTY FOUR 00/!00
U.S. DOLLARS)
DATE OF EXPIRATION: J~ 08, 1999
PLACE OF EXPIRATION: OUP. COUNTERS
WE h~REBY ESTABLISH OUR IRREVOCABLE LETTER OF CREDIT NO.
P030164 IN YOUR FAVOR FOR ACCOUNT OF THE ABOVE-REFERENCED
APPLICANT AVAILABLE BY YOUR DRAFTS DRAWN ON SUNTRUST BANK, SOBTH_.
FLORIDA, N.A. PAYABLE AT SIGHT FOR ANY SUM OF MONEY NOT TO
EXCEED A TOTAL OF THE AMOUNT REFERENCED ABOVE WHEN ACCOMPANIED
BY THIS LETTER OF CREDIT AND THE FOLLOWING DOCUMENT:
BENEFICIARY'S DATED CERTIFICATE PURPORTEDLY SIGNED BY ON-E
OF ITS OFFICIALS STATING: "DIVOSTA AND COMPANY, INC.,
ISLAND WALK DEVELOPMENT COMPANY HAS FAILED TO CONSTRUCT..
AND/OR MAIN~.~A~.N THE IMPROVEMENTS ASSOCIATED WIT{ ISLAND
WALK TRACT "0 , THE COVE AT ISLA~ WALK OR A FINAL
INSPECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN
PERFO~ PRIOR TO THE DATE OF EXPIRY, AND SATISFACTORY
ALTERNATIVE PERFORMANCE SECURITY }{AS NOT BEEN PROVIDED
TO AND FORMALLY ACCEPTED BY THE BOARD OF COUNTY
COMMISSIONERS, COLLIER CO~VFY, FLORIDA."
THIS CREDIT SHALL BE VALID UNTIL JT/NE 08. 1599 A~ SHALL
THEREAFTER BE AUTOMATICALLY RENEWED FOR SUCCESSIVE ONE-YEAR
PERIODS ON THE ANNIVERSAY OF ITS ISSUE UNLESS AT LEAST SIXTY (60)
DAYS PRIOR ?O ANY SUCH ANNIVERSARY DATE, SUNTRUST BANK,
FLORIDA. OT FIES OF COMMISSIONERS _
~OUTH-
FLORIDA, N.A. ELECTS NOT TO RENEW THIS LETTER OF CREDIT
SUCH ADDITIONAL PERIOD. AUG 0 4 ~98
ALL DRAFTS DRAWN MUST STATE ON THEIR FACE: "DRAWN U5 DER
SUlqTRUST BANK, SOUTH FLORIDA, N.A. LETTER OF CREDIT NO. ~930164
DATED JUNE 08. 1998." THE ORIGINAL LETTER OF CREDIT AND kLL
A~S, IF m~, MUST BE PRESENTED FOR PROPER ENDORSE~_?g
THIS LETTER OF CREDIT SETS FORTH IN FULL THE TERMS OF
SUNTRUST BANK, SOUTH FLORIDA, N.A.'S UNDERTAKING AND SUCH ,,
SUNTRUST
/
t ·
·
R~FERENCED TO HEREIN OR
BY REFERENCE ANY DOCUMENT, INSTR~ OR AGREEMENT.
THIS LETTER OF CREDIT IS SUBJECT TO THE UNIFORM CUSTOMS
AND PRACTICE FOR DOCUMENTARY CREDITS (1993 REVISION),
INTERNATIONAL CHAMBER OF COMMERCE PUBLICATION 500.
WE HEREBY AGREE WITH YOU THAT ALL DRAFTS DRAWN IN
COMPLIANCE WITH THE TERMS OF THIS LETTER OF CREDIT WILL BE DULY
HONORED UPON PRESENTATION AND DELIVERY OF THE DOCUMENTS
25 PAR/{ PM ~,r~'=,~[~°u~~u~'l' I~'I'~-'RINATIONAL SERVi~E ","~,"-
ATLANT CE ..... -'~.,~,~, ,.w.'~'£ER OF CREDIT DEPT S .....
A GEOR6IA 30303 ON OR -, MC-3766,
EXTENDE~ DATE. BEFORE JUNE 08, 1999, OR ANY
NATIONAL ASSOCIATION
FLORIDA
P~EQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF CARLTON LAKES
NO. 2 AND APPROVAL THE PERFORMANCE SECURITY
To approve for recording the final plat of Carlton Lakes Unit No.
2.
The Board of Co%/nty Commissioners on December 2, 1997 approved
the final plat of Carlton Lakes Unit No. 2 with the stipulation
that the plat not be recorded until security was provided to
ensure completion of the required subdivision improvements.
Th~ fiscal impact to the County is listed below.
project cost is $1,132,566.50, to be borne by the developer.
The
The security amount, equal to 100% of the cost to complete the
remaining improvements and 10% of the total cost of the project, is
$$281,390.60. The developer has provided a Letter of Credit as the
required security. The County will realize revenues as follows:
Fund: Co,~aunityDevelopment Fund 113
Agemcy: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $21,338.61
Fees are based on a construction estimate of $1,132,566.50 and were
paid in July, 1997, and are reflected in the Executive Summary of
December 2, 1997.
AUG 0 4 lt J8
Executive Summary
Carlton Lakes Unit No. 2
Page 2
~'~.OWI'H M~-~t'~--G'EMENT IMP&CT~ None
the ~ard of C~ty Co~issioners approve the final plat of
"~rlton ~es ~t No 2" with the following stipulations:
1)
2)
Accept the Letter of Credit as security to guarantee
completion of the Subdivision i~provements.
Authorize the recording of the final plat of "Carlton
Lakes Unit No. 2".
Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
Co,,,~iunity Dev. and Environmental Svcs. DIVISION
~-.'~ ~n R. Houldsworth, Senior Engineer
~' ~E~eering Review
~o:~s E.-~Ck, P.E.
~gineering Review ~ger
,~ .... ~~g t~ice~~rt~nt Director
"~/,~ ' ~ty ~elo~nt & Enviro~ntal Se~ices
Date
Date
1998
:¸0
COLUER COUNTY
I. PROJ£CT
LOCATION
MORTG,~GEE'$ C01'~$£~T
1998
MAP
'\
COLLIER_ COUNTY LAND DEVELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS
THIS CON~I'RUC~ON AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPRO~ ~ into th~ day of 19., between
NTC I)evelolm~nt Limlt~ · ~ Llmtttd Parmers~lp here~af~ mferr~d t~ as "Developer," and the
Board of County C. omm~i~ of Collier ~, Florida. here~ referred to as the "Board".
of · cea'lain plat of a ~ to b~ known as Carlton L~kes Unit 2:
B. ~ ~..2 of the Co[licr Coun~ Lend Dcve~ Code requires ~be Dcvclop~ to po~ ~tc
mctnlx:n'at~ in a bonded ~ for the conm'm:tion of the rtxluit~ improve-tm:am
NOW ~RE, in comidemJon of the foregoing pr~fisea and mutual covenants hereinaf~ s~t forth,
13~eloper ami th~ Boazd do ~ covenant and agr~ as follow~:
D~veloper will cause to be consuuc~ the R~ir~ Improvement~ within 12 months fi'om the
d~ of Ipprovll ~ lubdivi~io~ plat, said iafrasuucture (wa/~r, s~w~r, drainage ami roadway)
Ik'velolx'r hero.th tmxlers its s~bdivision performance security (attached hereto as F. xh~it
"A"and bymfet~nc~ made a part ofherr.,of) intl~ amount of $ 118,915.60 which rtl:n-~s~nta
10% ofth~ ~ couuact co~ of complettd ~on plus $162,475. which r~preseata
100% of Ihe es~imaa~! costs to compict~ the Requit~d improv~ at the dam of this
A$:zzgmg for a total of S 281,39~,,~.
In ~be event of def~uk by ~ D~vclop~ or failure of the Developer to completc s~ch
improvengats wi~in the time requinxl by the I.aml D~v¢lopment Code, Collier County, may
call npoa the sutxtivisioo performance secm'ity to insu~ safisf~ completion of the
4. 'l'ne nxlnit~ improvements shall no~ be cot~idet~ complete until a s~atemem of substantial
con~.~ by IX"vdoper's engineer along with the ~ project ~ have been ftm-,i~
to be mview~ tad approved by the Dcvelopment Servic~ Director for compliance wi'th the
Co,er C~nty L~d Development Code.
5. The Dev¢lopmu~ Servic~ Director ahaI1, within sixty (60) days of rtc~ipt of the gammeat of
~ completion, either:, a) notify tt~ Developer in writing of his pr~liminaxy approval of
AUG 0 4 1998I
the imlx'ovcments; or b) notify the Developer in writing of his refusal to approve
improvctncn~ therewith spcciFfing th~,e conditions which the Developer must fulfill in order
to otxain the Di~cc~'s approval of the improvements. However in no event shall the
Dcvelol:enem Services ~ refuse preliminary approval of the improvements if they are in
fact cotmrucl~ end submitted for approval in accordance with the requirements of this
Agreenm~
The Dcvclol~ shall maintain all rcclui~ed improvements for a minimum period of one year
~ prclimirm~ approval by the Development Services Director. After the one year
tnaintcnag~ period by the Developer h~s terminated, the Developer shall petidon the
Dcvelopnx~ Se~Jces ~ to inslx:ct the required improvements. The Development
etxnt:~lim~ with the Collier County Iamd Dcvclolmaeaat Code a.s reflected by final approval by
T~ Deveiopcffs rcsponm~ty for maintenance of the required improvements shall continue
unless or until the Board accepts maintenance responsibility for and by the County.
Six (6) mouths ~ the execution of this Agreement ~ once within every six (6) months
~ the Dcvc~ may rcquee~ the Develo1:macnt Services ~ to reduce the dollar
maxxmt of the subdivision Peff~ security on the basis of work complete, Each request
for a rc~bxaiou ia tbe dollar mx~otmt of thc subdivision performance security shall be
acx:oml:v~.icd by a stmement of s~fl:~ntial completion by the Developer's engineer together
with the ix~ject records ~ for review by the Development Services Director.
Tbe Developmem Services Director may grent the request for a reduction in the amount of the
subclivisio~ pcfforraa~ security for the improvements completed as of the date of the request.
Ia I~ ~at tb~ Dcvclopel- shall fail or neglect to fulfill its obligations under this Agn~ment,
~ ce:rtifi~icm of s~:h ~ the County Adrn~ may call upon thc subdivision
perform~a~ ~ to sec'we sadsfa~ory completion, repair and maintenance of thc requimcl
imptx~ 'I'nc Bo~d shall hr~¢ the fight to con.stn~ and rrmintain, or cause to be
eoasuncml or ,,~-~_ _. purment to public edvcniscrmnt end receipt and acceptance of
perfornmm~ security, sh~l be li~le to pay ~ to indemnify the Bom'd. upon completion of
such ~ tbe final total cost to the Bom-d ~, inching, but not limited to,
et~ legal a~l eomiagem coa~ together with any damagea, either direct or
~, ~ the Bomt ttmy ~main on account of the failure of the Developer to
fulfill ali ff the provi~om of thi~ Agreement.
9. Ali oftb~ i~ms, covenants and conditions herein conufined arc end shzll be binding upon the
Develolx~ ~nd thc respective successors and as.signs oftbe Developer.
IN ~ WI'IERF~F, th~ Boi/d and the Developer have caused this Agreement to be executed by their
duly ~,,thodzed n~:nvaem~v~ this _ day of ,19 ,,
2
aUG 0 4 1998
SIGNED, SEALED AND DELIVERED
IN THE PRFJENCI~ OF:
ATTEST:
Dwight E. Brock, Clerk
By:. NTC Development Ltd.,
a Florida Limited Partnership
SW Florida Pacmera, Lac. a Florida Corporation
%
BOARD OF COUNTY COMMISSIONERS
OFCOLLIER COUNTY, FLORIDA
Assist~t County
B~ B. BaTy, Chairman
AUG 0 4 1998
Pi). ~,o
¢OL~ZL~R COUI~FT COUJFT~O~S£
~APL~S. ~LO~X~
L£~T~R OF CREDIT ~0.
SSS38~3
FAVOR. Fc)~ THE ACCOUNT OF ~TC D~ELOPK~. L~. Z4OS ~lP~
ro~ CAt~N ~X~, ~XT IX, OR & ~3~L INSP~TION ~TXST~ORY
TO cO~ICl ~, P~SUA~ TO COLLIER CO~ OWDIN~CE NO.
HA~ NOT BE~ PROVID~ ~0 &~ FOi~LLY ACCEPY~ BT ~E
ACCOUNT.
~ZJIEO &UTONA~XCALLT ICXT[ITD~D WITNOUT ~D~ roi
C6O) UAT~ PRZQR TO ~CH ~X~TI~ DATE, ~ ~I~ Y~
COUllKl TR&T u~ [L~ JOT TO R~ THiS LETT~ or CR~IT FOrt
ORA~CS) O~ ~ ~KI~ CI~XT ~V3T ~ATB ON T~IR F&C~ '~RA~
v~ HZR~ &GR~W vZ~ ~OV ~T DR~(S) ORA~ ~O~ ~ TN
A.n ~t OIXGXNAL OF TKIS CR~XT, &T OUR OFF~C~ LOCAT~
6042 A~z t~E~ATZONAL SUPPORT SKRVICE~. nN ~ BEFOR~ JU~ 23,
O~ ~y A~O~ATXCALLY ~T~ED DA~ AS P~VTD~ FOR
CO*~?II~rL~D Ok NEXT PAGE VI4ICH FORi~:S AN LIqTEGRAL I~ART 0~' TH;.S
6900 ~g/. S0C !RYL~.:01. ee-J,~-/. !.L,d'l~ u~O~O 'I,LN': :AS ,l.~i3S
ZlrR:L'VOC&BLg S'J'AIq'DIT LET?E:]~ OF' CR~UZ~ ~$5:3823
P&~3~ ~0, 2
AUG 0 ~ 1998
REQUE~ TO APPROVE THE FINAL PLAT OF "TWIN EAGLES, PHASE ONE"
To approve the final plat of "Twin Eagles, Phase One", a subdivision
Township 48 South, Range 27 East,
. :.' of lands located in Section 20,
has
Collier County, Florida
Engineering Review Section
completed the review of the
construction drawings, specifications, and final plat of "Twin
:'~' Eagles, Phase One'. These documents are in compliance with the
'. County Land Development Code and Florida State Statute No. 177. Ail
fees have been paid. It is the intent of the developer to construct
~'.:. the improvements for this project prior to recording of the plat or
.. . .~to furnish the required amount of approved security for recording
pL~rposes at a later date. This procedure would be in conformance
with Division 3.2 of the Collier County Land Development Code.
O Engi~eering Review Section reco~m~ends that the final plat of "Twin
.! Eagles, Phase One' be approved with the stipulation that the final
plat not be recorded until the required improvements have been
constructed and accepted or until the approved security is received
to guarantee completion of the required improvements.
FISCAL IMPACt_: 'The fiscal impact to the County is as follows.
The project cost is $647,746.20, to be borne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer
b) Drainage,
Paving & Grading
- N.A. Orangetree Utilities
- $647,746.20
The County will realize revenues as follows:
Fund: Community Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Ser%,ices
Revenue generated by this project:
Total: $13,247.44
Fees are based on a const~ction estimate o
$647,746.20 and were paid in May, 1998.
0 1998
Executive Sunmnary
Twin Eagles, Phase One
Page 2
The breakdown is as follows:
a)
Plat Review Fee
($425.00 + $ 4./ac)
- $2235.76
b) Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $-0-
Paving, Grading (.425% const, est.)- $2752.92
c) Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $-0-
Drainage,
Paving & Grading (1.275% const, est- $8258.76
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RELATION=
That the Board of County Commissioners approve the final plat of
"Twin Eagles, Phase One" with the following stipulations:
1)
That the final plat not be recorded until the required
improvements have been constructed and accepted or until
approved security is received for the uncompleted
improvements and that construction shall be completed within
36 months of the date of this approval.
2)
Authorize the Chairman to execute the attached Construction
and Maintenance Agreement.
3) That no building permits be issued until the final plat is
recorded.
4) That any outstanding issues with the construction plans and
plat are resolved prior to the pre-construction meeting.
D
Executive Su~u,~ary
Twin Eagles, Phase One
Page 3
PREPARED BY:
jOhn R. Houldsw0rth, Senior Engineer
Engineering Review
REVIEWED BY:
Thoma~ E. Kuck, P.E.
Engineering Review Manager
PI~ Services Depart~ Director
Vi~c~ent A .~~C a ~t~e~o, AIC~rator
Conmr~%nity Development & Environmental Services
Co,%~%unity Dev. and Environmental Svcs. DIVISION
j rh
Date
Date
Date
Date
VICINI'I'Y
MAP
01
AUG 0 4 1998
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this _ day
of _, 1998 between TwinEagles Development Company, Ltd, hereinafter referred to
as 'Developer', and the Board of County Commissioners of Collier County, Florida, hereinafter
referred to as the 'Board".
1. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
TwinEagles, Phase One
2. Division 3.2. of the Collier County Land Development Code allows the Developer to
comet the improvements required by said suMivision regulations prior to recording the final plat.
NOW, THEREFORE, in consideration of the foregoing premised and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed:
Paving, Drainage, Street Lighting and Landscaping
within 36 months from the dam of approval of said subdivision plat, said improvement hereinafter
referred to as ~e required improvements.
Page I of 4
.ll.I I
AUG 0 J. 1998
2. Developer herewith agrees to construct said improvements prior to recording said
subdivision plat and the Board of County Commissioners ~11 no.t approve the plat £or recording until
said improvements have been completed.
3. Upon completion of said improvements, the Developer shall tender its subdivision
performance security in the mount of $66,565.60 which represents 10% of the total contract cost to
complete construction. Upon receipt of said subdivision performance security by the Development
Services Director, the Developer may request the Board of County Commissioners to approve the
subdivision plat for recording and grant preliminary approval of said plat.
4.' The required improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have
furnished to be reviewed and approved by the Development Services Director for compliance with the
Collier County Land Development Code.
5. The Development Services Director shall, within sixty days of receipt of the statement
of su?,.m.nfial completion, eider: a) notify the Developer in writing of his preliminary appro;'~ o~'
improvements; or b) notify the Developer in writing of his refusal to approve the improvements,
therewith specifying those conditions which the Developer must fulfill in order to obtain the Director's
.2pproval of the improvements. However, in no event shall the Development Services Director refu~
?reliminary approval of the improvements if they are in fact constructed and submitted for approvfl in
accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition the Development
Services Director to inspect the required improvements. The Development Services Director or his
designee shall inspect the improvements and, if found to be still in compliance with the Collier County
Land Development Code as reflected by final approval by the Board, The Board shall release the 10%
subdivision performance security. The Developer's responsibility for maintenance of the required
AUG 0 4 1998
improvements shall continue unless or until the Board accepts maintenance responsibility for the
County.
7. In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon ,..he subdivision
performance security to secure satisfactory completion, repair and maintenance of the required
improvements. The Board shall have the right to construct and maintain, or cause to be constructed
and maintained, pursuant to public advertisement and receipt of acceptance of bids, the improvements
required herein. The Developer, as principal under the subdivision performance security, shall be
liable to pay and to indemnify the Board, upon completion of such construction, ne fi.-< tom! cast to
the Board thereof, including, but not limited to, engineering, legal and contingent costs, together wit.~
any damages, either direct or consequential, which tl'.e Board may sustain on account of the failure of
the Developer to fulfill all of the provisions of this Agreement.
8. All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and re .spective successors and assigns of the Developer.
IN WITNESS WHEREOF, the Board and the Developer' have caused this Agreement to be
executed by their duly authorized representatives this .. day of ,1998.
Signed, sealed and delivered DEVELOPER
in the presence of: TwinEagles Development Company, Ltd.,
A Florida Limited Partnership
';limess
Printed Name
Printed Name /
By: TwinEagles Management, Ltd.,
A Florida Limited Partnership, Its General Partner
By: TwinF. agles Development, Inc.,'
Its General Partner
Page 3 of 4
AUG 0 4 1998
~P~' 7
ATTEST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and
leg~ sufficiency:
t....~d C. Weigel
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Barbara Berry
Chairperson
Page 4 of 4
AUG 0 4 1998
EXEC2JTIYE SUMMARY
PETrrlON AV 9'b,014 TO DIS~ RENOUNCE AND VACATE THE PUBLIC'S IN'rE~ IN
A :30' WIDE PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A DRAINAGE
EASEMENT, RECORDED IN OFFICIAL RECORD BOOK 1193, PAGE 1126 AND BEING
LOCATED IN SECTION 1, TOWNSHIP 49 SOOTH, RANGE 25 EAST, COLLIER COUNTY,
OBJ'E~: To ~ Petition AV 9'~014 s, ud t~ ~ a Quk Claim ~ to ~cat~ the nbev~-
CONSIDERATIONS: Petition AV 98-014 has be~n received by the Planning Services
I)epattm~t from Sd~'Nu~, P.E., a~ ag~rrt for the l~itioncr, Vanair Partners, Ltd., requesting
the vat,.afion of the ab<:nm.-d__~_ 'b~ 30' wide Dra~e Easement to accommodate propes~xi
~ction a~ tl~ ~ite. Lett~ of no obj~ion have be~m received from'all pertinent agencies.
zoa P.U.D. (CO, rc rr ).
_FISCAL IMt~, A~: Col~r County h~ coH~c-~i a $1,000 "Pdtion to Vacate" fee from the
pefifon~-, which will be deposit~ in Ro~ and Bridge Fund (101-163610). This fee coves
GROWm tvt a c ivmt ,-r tMPA : No e
-RECO~ATION: 'r~ me no~d of ~ ~:
1. Appre~ P~ifi~m AV 91t-0]-4 for tl~ ~ of t~ ~,.'n'be.d 30' wi& Drainage
2. ~ tl~ ~mmulicn of th~ QuR Claim Deed by ~ Chairman taxi dir~ th~ Clerk to the Bc~.d to
'l'hon~.~ E.- - -'--~ ~ -"
Kuck, P.E.,
DATE:~
DATE:fF"ff.
DATE:?..
hU(~ 0 4
PETITION FORH FOR THE EXTINGUISh~MENT OF PUBLIC
DEDICATED EASEMET~TS RECORDED 8Y SEPARATE INSTR~ENT IN TH~
PUBLIC RECORDS ~ THAN 0N A S~OIVISlON PLAT% 0N
LAND OR PLA~ED LANDS. EXCE~ FOR P~LIC ROADS
Petitioner (Owner): Vanatr ~s..
Address: 19~Q~ ~ ~]~,~1=~ Av~__. 4714 Telephone: ~q~l
City/State:-~i ~-~ .... Zip Code:
Agent: J~f ~~ P.E.~ f~ ~ V ~ of Fl~i~ ~c.
A~dress: 5150 ~. ~ ~il, ~303 Telephone: (941) 263-3700
City/State: ~_ ~. zip Code:
~cation of Su%Je6t Property: ~ ~ ~~ly ri~t-ot-~y of
~atton~ Section 1 _ T~ki~ 4gS - .
~fficial Record Book .,, 1193 Page(s) .... 1126
Reason for Re.est: ~~ fl~ ~11 ~ ~t~ ~ ~~ ~d
~rrent Zoning:~ - ~ci~ ~ Does this affect
density?
I }{ereby Authorize Agent Above
Petiti~A X
NO__
Print Name
to Represent Me for this
(Title)
Please see "Policy and Procedure of Vacation and Annulment" for
the list of supportive materials which must accompany this
petition, and deliver or mail to:
(2)
Transportation Services
Collier County Government Complex
Naples, FL 339~2
Telephone: (941) 774-8494
If applicant is a'land trust, indicate the name of
beneficiaries.
If applicant is a corporation other than a public
corporation, indicate the name of officers and major
stockholders.
If applicant is a partnership, limited partnership or
other business entity, indicate the name of principals.
List all other owners.
(3)
Page 4 of 4
AUG 0 4 1998
COI,I.mR COUN
TRANSPORTATION DEPARTMENT
.Tun~ :30, 1998
Sou Nageon de Lestang
Th~ ¥ aro~ ofl~mida, in~
.4150 T~miemi TmtlNorth, 8uitc 303
Naples, FL ~4103
Vacation 0£30' Dmin~go en~n~nt
Southea~ Cora~ ofVand~rbilt B~a~h Road and Airport Road
3301 E. TAMIAMI TRAIL
NAPI.,E~, FL. 34112
/941) 774-8494
FAX (941) 774-5a75
A CERTIF~D BLUg CHIP
This off~ hu no objection to tl~ vacation of tho suN~-t cas:mint subject to
following limitins conditions:
Rtorm watnr runoff from Vnnd~ilt Beach Road shall bo accommodated within
g~ ~ naans~m~ plan for yom: Client's project.
An a~e~a~ ~we. en yom' Client aad the Board of Couaiy Cornmissionn-s
· providing for such nmoffmust be in place prior to tho istuance of any Certificat~
of~ or C~n*l:ifi~ of Compliance for tho project.
If there n~ arty questions or ifyou seek additional information, pleat, e contact me at 774-
John H. Boldt, P.E., Water Manager D~r
Rick Grill& P.a.M., Conaty Surveyor
File:. Naples Walk (Vineyards)
COIZIER COUNTY GOVERNMENT
PUBLIC WORKS DIVISION
October 27, 1997
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX (941) 732-2526
Jeffr~ A. Nurmer, P.E., Vice President
The V Group of Florida, Inc.
5150 Tamiami Trail North, Suite 303
Naples, FL 34103 '
A CERTII~IED BLUE CHIP
Thirty Foot Easement Vacation
at Southeast Comer of Vanderbilt Beach Road
and Airport Road
Dear Jeff:
I have no objection to the proposed vacation of the 30 fl. drainage easement along the
south side of Vanderbilt Beach Road as described in your letter of October 24, 1997.
This approval is lmxlieated upon your directing runoff from Vanderbilt Beach Road to
flow to the Airport Road Canal either via the Vanderbilt Beach Road right-of-way or
through your site.
Very truly yours,
Stormwater Management Director
Doc: JI-IB-0~
AUG 0 4 1998
COUNT ¥
98 H~Y 26 ~H lO: ~
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTMENT
ENG~G ~ SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
Joss Na~eon de Lestang
The v Group of Florict~ Inc.
5150 Tzmizmi Trail No Suite 303
Naples, Florida 34103
V~ion of 30' Drainage Easement
~ttthe, a~ Comer Vanderbilt Beach Road and Airport Road
D~a~ Mr. Nageon de Lemm~:
Engineering Review Services ha~ reviewed your petition to vacate the 30-foot easement along
the ~outh side of Van&trbilt Beach Road adjacent to the proposal Naples Walk development.
Engineering Review Services has no objection to the vacation of the easement with the
stipulation thai no Certifi~ of~ey shall be issued for the Naples Walk development
l~Or to th~ vacation of the subject ~sem~t.
If you have any que~otm rehtingw this m8~, please call this office at (941) 403-2471.
SS/den/fi/ss
Pick C, rigg, Tmm3mrt~on ~ent
P,~ding File
Code Enforcement
~ & Urban lmprovem~t
(941) 403-2400
(941) 403-2440
(941) 408-~0
7998
Natural Resources
Flatming Servic~
Pollution Control
(941) 732-2505
(941) 40'3-2300
(941) 732-2502
COLLE'R COUNTY
RECORDED
cbt. o/ da7 o.' , ;.986, becvcen
~eralT[Te,g.e corpoca,'J.o,',, I',JCCelSOr
I lr~,'~.~ corporictou, Ioruerl! knovn as
Xes. ,aa4 e~cepc th r~r~t-of~my fo~ l-7~.
pCUl~f ofiicerI tb4rgemCo duly ~mtborized the day and ye,r first ab~v~
CBcrrAZL~ ST.&L)
,;. .;-.;...(.:
Fre~a, eJ
C'f;~e .-',f. the Cour:y Attorney
C~,:r County.
·
BEING A T~ACT OF LARD ~T TS LOOJ~T~D IN TR~ NOaTHWF-ST
1/4) OP SE~ 1, ~IP 49 ~, ~ 2~ ~T, ~I~
11 ~ ~ ~9e44'21~ ~ A DI~ O~ 100.12
~I~ OF ~ ~ ~-O~'~Y hI~ OF A ~
~ (A 150 ~ ~-0Y-~) ~ ~gI~ ~ ~
~ ~~ S ~9'44'21~ E ~ ~ S~ RI~-OF'~Y L~,
A DI~ 0P 1~90.00 ~ ~ ~ ~~I~ OF ~ ~ST LI~ OP
~PI~S ~ ~ ~ ~ ~~ ~ ~T ~K 23, P~S 71-73;
~ S 00~15'39~ W ~ ~ ~ ~ ~ L~, A DIST~ OF
{1) N ~9'44'21~ W, A DIST~ OP 4~0.00 ~1
(2) ~ S 5~00'00~ W, A DIST~ OF %61.18 ~
(3} ~ B ~7e25'251 Wt A DIST~ OF 497.~
DIST~ ~ 1072.11 ~ ~ ~ ~D~ O~ ~E~I ~D DEE~IB~
~ ~I~ 29.26 ~, ~ 0R ~S.
B~S ~ ~ ~ ~ ~ ~R~ L~ OF ~ ~R~ST 1/4
STAT~ 0~ Fr-&)RiIDA
JA~LJS 'lC (T'J~ J4,0~
1998
GOV'T LOT
4
/2
¢
NO. SUBDIVISION
2. THE OLO SROvES ROAD
2. PZPER'S GnOVE PHASE ONE
~3;: THE GROVES PDAD
,'.,~:~.5..P[PER'S GROVE PHASE T~0
2;'
2." 7:
AG'
~. ~- -/
AUG 0 4 1998
AG ND ....
^U~ 0 ,~ 1998
COLLIER CO~JNTYTAX COLLECTOR
CO~ITTHOUSE - BLDG. C.1
~ Ft.ORIDA 3¢112-4997
TO.* I~igh~ Eo Broc~
C~erk of the Circul~ Court
and
The V Group
5150 Tamiami Tc N t303
Naples, Fl. 34103
ATTNt Joss de Lestang
C. F.C.
RE~ Procacc~ Bros Sales Corp
IDt 00235440008
Desc: 1-49-25 Nly 30ft of Sec I Tvn 49 Rng 25, less and except the
westerly 10Oft
THIS IS TO CERTIFY THAT, in accordance with the provisions of
Chapter 197.192, Florida Statutes, all ad valorem taxes due and payable
on the above described real property have been paid in full, as required
by law as a. prereql~isite to filing or recording any drawing or plat Df
the division or subdivision of any land, or declaration of condominium
of such land, in the public records of Collier County. The issuance of
this Certificate, however, shall not preclude the assessment and
collection of ad valorem taxes subsequently determined to be due this
county and state.
GIYEN UNDER MY HAND AND SEAL THIS llth DAY OF MAY, 1998.
GUY L. CARLTON
COLLIER COUNTY TAX COLLECTOR
AUG 0 1998
BOARD OF
COUNTY COMMISSIONERS
COLUER COUNTY
NAPLES, FLORIDA33962
RECEIVED FROM Van~fr Partners, LTD
ADDRESS 12995 g Cleveland A','~,ITY. Fort Myers,.
DATE 6/5/ ,1998 CHECK NO. 1043
DESCRIPTION Pettttou AV 98-014
INVOICE NO.
RJNO COSTCE~ER O6J;8S PROJECT CA CK AMO~JNT
101 163610 329100 00000 XX lO00-C
1000.0C
S* Terri Meyer
CUSTOMER COPY
g_...AUG 0 4 1998
O75
qUITClAIM DEED
THIS QUITCLAIM DEED made this day of ,1998, by the
Board of County Commissioners of Collier County, Florida, GRANTOR, and Vanair
Partners, Ltd., a Florida Umited Partnership, their successors and assigns, GRANTEE.
WITNESSETH:
That the GRANTOR, for and in consideration of Petition AV 98-014 and the sum
of Ten Dollars and other valuable consideration to it in hand paid by the GRANTEE,
receipt of which is hereby acknowledged, hereby remises, releases and quitclaims unto
GRANTEE forever, all right, title, interest, claim and demand which the said GRANTOR
has in that certain portion of a 30' wide Drainage Easement interest in, of, and about
the following described lands being located in Collier County, Florida, to-wit:
(See Exhibit 'A" attached hereto and
incorporated heroin by reference)
IN VViTNESS WHEREOF, the GRANTOR has caused these presents to be executed in
its name by the BOARD OF COUNTY COMMISSIONERS acting by the Chai~nan and
Vice Chairman of said Board, the day and year aforesaid.
DATED:
ATTEST:
DVVIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
By:.
BARBARA B. BERRY, Chairman
p~eoared by:
'.~; '. ft't T~;~i Trail
.... :~s, Florida 34112
~..41) 774-~400
AUG 0 4. 1998
Q. CRADY MINOR. P.E.
MARK tV. MINOR, P.E.
C. DEAN SM1'I'I-L P.E.
DAVID IN. SCHMnT, P.E.
Q. GRADY MINOR & ASSOCIATES, P.A.
Civil Engineers · Land Surveyors · Planners
LEC~AL DESCRIPTION
A PORTION OF A 30' DRAINAGE EASEMENT
SECTION 1-49-25
(SKETCH 1411)
ALAN V. ROSEMAN
ROBERT W. THINNES, A.I.C.P.
ERIC V. SANDOVAL, P$.M.
~E~_...'T' I 07=:
A PARCEL OF LAND IXDCATED IN THE NORTHWEST QUARTER OF SECTION 1,
TOWNSHIP 49 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF A 30' DRAINAGE EASEMENT AS DESCRIBED IN
OFFICIAL RECORDS BOOK 1193 AT PAGE 1126, THAT LIES 1,390 FEET
EASTERLY OF THE EASTERLY 100' WIDE COLLIER COUNTY CANAL RIGHT-OF-
WAY (0.R. BOOK 148, PAGE 89), MEASURY_/) ALONG THE NORTH LINE OF THE
NORTHWEST 1/4 OF SECTION 1, %~DWNSHIP 49 SOU~, RANGE 25 EAST,
COLLIER COUNTY, FLORIDA; AND MEASURED AT A RIGHT ANGLE THEREFROM
CONTAINING 0.957 ACRES, MORE OR LESS.
THIS PROPERTY IS SUBJECT TO EASEMENTS,
RESTRICTIONS OF RECORD.
RESERVATIONS AND OR
Q. GRADY MINOR & ASSOCIATES, P.A.
S IG}FED ~
TOM CHEP3~$~
, P.S.M. #5426
STATE OF FLORIDA
(941) 947-1144 · FAX (941) 947-0375 · E-Mail: QGMA~;aol,com
3800 Via D~! Rey · Bonita Springs, Florida 34134
RUG 0 4 1998
Pg. -.~----.__.
1998
REQ1TE~"~ TO APPROVE FO~ RECORDINO THE FINAL PLAT OF AVILA UNIT TWO
AND APPROVAL THE PERFORMANCE SECURITX
To approve for recording the final plat of Avila Unit Two.
CONSIDERATIgN~,
The Board of County Co~.~issioners on July 29, 1997 approved the
final plat of Avila Unit Two with the stipulation that the plat
not be recorded until security was provided to ensure completion
of the required subdivision improveme_nts.
FISCAL
The fiscal impact to the County is listed below.
project cost is $227,299.20, to be borne by the developer.
The
The security amount, which exceeds 100% of the cost to complete the
remaining improvements and 10% of the total cost of the project, is
$22,729.92. The developer has provided a Construction, Maintenance
and Escrow Agreement as the required security. The County will
realize revenues as follows:
Fund: Co,,m/nity Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $1617.12
Fees are based on a construction estimate of $227,299.20 and were
paid in January, 1997, and are reflected in the Executive Summary
of July 29, 1997.
Executive Summary
Avila Unit Two
Page 2
G~OWTHMANA~ IMPACTc None
That the Board of County Commissioners approve the final plat of
"Avila Unit Two., with the following stipulations:
Accept the Construction, Maintenance and Escrow Agreement
as security to guarantee completion of the Subdivision
improvements.
2)
Authorize the recording of the final plat of "Avila Unit
Two".
3) Authorize the Chairman to execute the attached
Construction, Maintenance, and Escrow Agreement.
4) That no Certificates of Occupancy be granted until the
required i~provements have received preliminary acceptance.
5) Release the previously posted Escrow Agreement.
PREPARED BY:
~ R. Houldsworth, Senior Engineer Date
Engineering Review
REVIEWED BY:
Thowms E. Kuck, P.E.
Engineering Review Manager
Date
Plann~/ervices Department Director
Vincent A. Cautero, AICP, Administrator
Co~.unity Development & Environmental Services
Comamanity Dev. and Environmental Svcs. DIVISION
Date
bate~
AUG 0 ~. 1998
£OCA~
CONSTRUCTION, MAINTENANCE AND ESCROW AGREEMENT FOR
SUBDMSION ISfPROVENfENTS
THIS AGREEMENT entered into this 1st day of July, 1998 by BDG-Avila at Grey Oaks, Inc.
(hereln,t~r 'Developer"), THE BOARD OF COLLIER COUNTY, FLORIDA, (hereinafter 'The
Board") and COLONIAL BANK (hereinafter ~Lender').
RECITALS:
A. Developer ha~, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat ora subdivision to be known as AVILA UNIT TWO.
B. The ~ubdivi~m will include certain improvements which are required by Collier
County ordinancez, as ~t forth in a site constructibn cost estimate ("Estimate") prepared by James
M. Ink, PE, a copy of which is attached hereto and incorporated herein as E~hlbit 1. For purposes of
this Agreement, the '~equlred Improvements" are limited to those described in the Estimate.
C. Sections 3.2.6.5.6 and S.2.9.1 of the Collier County Subdivision Code Division of the
Unlt%d Land Development Code requires the Developer to provide appropriate guarantees for the
construction and maintenance of the Required Improvements.
D. Lender has entered into a construction loan agreement with Developer dated May 13,
1998 (the 'Construction Loan') to fund the cost of the Required Improvements.
E. Developer and the Board have acknowledged that the amount Developer is required
to guarantee pursuant to this Agreement is $22,729.92 and this amount represents 110% of the
Developer's engineer's estimate of the construction costs for the Required Improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
here. ln-t~er set forth, Developer, the Board and the Lender do hereby covenant and agree as follows:
1. Developer will cause the water, sewer, roads, drainage and like facilities, the
F~quirod Improvements, to be constructed pursuant to specifications that have been approved by the
Development ~w/c~ Director withl, ~ix months from the date of approval of za/d subdJvizion plat.
2. Developer hereby authorizes Lender to hold $22,729.92 from the Construction Loan,
in e~x~w, pursuit to th~ term~ of this Agreement.
3. Lender agress to hold in escrow $22,729.92 from the Construction Loan, to be
disbursed only pursuant to this Agreement. Lender acknowledges that this Agreement sh.ll not
constitute a draw against the Conztruction Loan fund, but that only such funds as axe actually
disbur~.d, whether pursuant to this Agreement or a provision of the Construction Loan, shall accrue
interest.
4. The escrowed funds shall be released to the Developer only upon written approval of
the ~ent Services IArecWr who shall approve the release of the funds on deposit not more
than once a month to the Developer, in amount~ due for work done to date based on the percentage
completion of the work multiplied by the respective work costs less ten percent (10%); and further,
that upon completion of tho work, the Development Services Director shall approve the release of
any _re~li--~4,r of ca.owed funds except to the extent of $ 3,930.99 which shall remain in escrow as a
Developer gtmranty of maintenance of the Required Improvements for a minimum period of one (1)
year pursuant to Paragraph 10 of the Agreement.
0 4 1998
However, in the event that Developer shall f~l to comply with the requirements of this Agreement,
then the lender agrees to pay to the County immediately upon demand the balance of the funds held
in escrow by the lender, ss o/the date ofth~ dam~nd, provided that upon payment of such balance
to the County, the County will have executed ami del/v~r~ to the Lender in exchange for such funds
a gatement to be ~g~ed by the Development ~rvice, Director to the effect thac
a) Developer for more than sixty (60) days afar written notification of such failure has
failed to comply with the requirements of this agreement;
b)
The County, or its authorized agent, will complete the work called for ,under the
terms of the above-mentioned contract or will complete such portion of such Work as
the County, in its sole di~cretio~ shall deem nece~4u3, in the public interest to the
extent of the funds then held in escrow,
c)
The escrow funds drawn down by the County shall be used for construction of the
Required Improvements. engineering, legal and contingent costs and expenses, and
to offset any damages, either direct or consequential, which the County may sustain
on account of the failure of the Developer to carry out and execute the above-
mentioned development work; and,
d) The County will promptly repay to the Lender any portion of the funds drawn down
and not expended in completion of the said development work.
5. Written notice to the Lender by the County specLCTing what amounts are to be paid to
the Developer shall constitute authorization by the County to the Lender for release of the specified
funds to the Developer. Payment by the Lender to the Developer of the amounts specked in a letter
of authorization by the County to the Lender shall constitute a release by the County and Developer
of the Lender for the funds disbursed in accordance with the letter of authorization from the County.
6. The Required Improvements shall not be considered complete until a statement of
substantial completion by Developer's engineer along with the final project records have been
furnished to be reviewed and approved by the Development Services Director for compliance with
the ColLier County Subdivision Regulations.
7. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in ,',firing of his preliminary
approval of the L'aprovements; or b) notify the Developer in writing of his refusal to approve the
improvements, therewith specifying those conditions which the Developer must fulfill in order to
obtain the Director of the Requixed Improvements. However, in no event shall the Development
Services DLrector refuse prehminary approval of the improvements if they are in fact constructed and
submitted for approval in accordance with the requLrements of this Agreement.
8. Shculd the funds held in escrow be insufficient to complete the Required
Improvements, the Board. after duly considering the public interest, may at its option complete the
Required Improvements and resort to any and all legal remedies against the Developer.
9. Nothing in th/s Agreement shall make the Lender Liable for any funds other than
those placed in deposit by the Developer in accordance with the foregoing provision; provided that
the Lender does not release any monies to the Developer or to any other person except as stated in
this Escrow Agreement. -
10. The Developer shall maintain all Required Improvement for one year after
prel~m~.~ry approval by the Development Services Director. After the one year maintenance period
by the Developer and upon ~ubmission of a written request for inspect/on, the Development Services
Director shall inspect the Required Improvements and, ff found to be still in compl/ance with the
Code as reflected by final approval by the Board, the Lender's respons/b/lity to the Board under this
A~reement is ter~in~ The Developer's responsibility for maintenance of the Required
Improvements shall continue unless or until the Board accepts maintenance responsibility for and by
the County.
11. All of the term,, covenants and conditions herein contained are and shall be binding
upon the req~.~ztive ~ucce~ore and asri~ns of the Developer and Lender.
IN WITNES~ ~OF, the Board and the Developer have mused thi~_ Agreement to be
executed by their duly authnrized representatives this ~ day of ,1998.
SIGNED, b'~AI.I~.D AND DELIVEP~D IN BDG-Avila at Grey O, ks. Inc
Y: Ar~'-'~ S~a~s . e~ e nt
ATTEST:
DWIGHT E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
Depu~r Clerk
Approved as to form and legal sufficiency:
David C. Weigel
County Attorney
By:.
Chairman
AUG 0 4 1998
pg_ G . ..----
Avda Site Construction
Phase Two Bond Cost Schedule
upee,.eo
.~oadwork
12' Stabilized Subgraoe
5' Umerock wf Lean Mix.
Type 'A' Curb
Inlet Top
Asphalt
Grading 10" BOC
S[orm Drainage
~5"RCP
Grate Inlet
Connect to Existing
Sanitary Sewer
8' PVC Gravi~ Main 0-6'
6' PVC Laterals
Manholes 0-0' cut
Cleanout$
Connect to Existing Main
PotaDIe Water
2' PVC
Connect to Existing
Waler St..trice Box. Single
t' Services
Technologies
$:reeUight Installa~on
Sub-total
Sub-total
Unit Pnce
1638 SY $2.65
1505 SY $5.25
100 LF S7.00
1. EA $525.00
13547 SF $0.34
660 LF $1.10
146 LF S20.00
1 EA $900.00
I EA S500.00
Sub4otal
125 LF $22.00
389 LF $10.00
1 EA Sl,250.00
9 EA S60.00
I EA S1.000.00
Sub-total
225 LF S5.00
I EA $500.00
8 EA $292.00
325 LF 84.00
Sub-total
I aJI Sl.500.00
Grand Total
Maintenance Bond 10% Total
Consttuctlon 8ond 100% Remaining
Total BOnd Requirement
0.1
, Total Complete Reran,rang
$4,340.70 S0.00 $4.34G. 7C
57,901.25 SG.00 S7.gC 1.2E
$700.00 SO.C,,O 5709.0S
$525.00 $0.00 $525.CO
S4,605.S8 SO.O0 S4.605.$8
$726.00 SO.O0 5726 CC
SI~.798.93 SO.OO S18.79&5',
S2.920.00 S2.,920.00 SO.C~n
SgOO.00 $900.00 .~0.00
SSO0.O0 S500.00 SO Og
$4.320.00 S4.320 O0 SC OC.
S2,750.00 52,750.00 SO.O0
$3,890.00- $3,890.00 $0.00
. S1.250.00 S1,250.00 50.0t)
S540.00 S540.00 SO.O0
S 1.000.00 Sl.000.O0 SO.O0
S9,430.00 $9,430.00 SO.O0
S1.125.00 S1.125.00 SO 0¢
S500.00 $500.00 S0 O0
S2.336.00 $2,33~5.00 S0. CK)
S1,300.00 $1,300.00 SO.CC
S5.261.00 55,261.00 SO.CO
Sl,500.00 $ 1,500.00 SO.C~
S 1.500.00 Sl.500.00 $0.G3
S39,309.93 S20,511 00 S18.7~8.93
S3.930.99
$18,798.93
S22.729.92
AUG 0 1998
~,~ :, ~ REQUEST TO A~PROVE FO~ RECORDIN~ THE FINAL PLAT OF "THE COTTAGES AT
' Gq]LF H~BO)~", AND APFROVAL OF THE PERFORMA)ICE SECURI~/
:.~ To approve for recording the final plat of "The Cottages at Gulf
'~'~' Harbor' a subdivision of la~ds located in Section 16 Township
48 South, Range 25 East, Collier County, Florida.
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of -The
Cottages at Gulf Harbor". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177. All
fees have been paid. It is the intent of the developer to record the
plat prior to construction of the improvements. The security in the
amou/~t of 110% of the total cost of the required improvements is
being covered by construction and maintenance agreement and an
Irrevocable Letter of Credit. This would be in conformance with the
County Land Development Code - Division 3.2.9.
Engineering Review Section recommends that the final plat of "The
Cottages at Gulf Harbor" be approved for recording.
The fiscal impact to the County is as follows.
The project cost is $5,312.50 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water & Sewer - $1650.00
b) Drainage,
Paving, Grading - $3662.50
The Security amount, equal to 110% of the
project cost, is $5843.75
The County will realize revenues as follows:
Fund: Co~w~ln/nity Development Fund 113
A&3ency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $523.60
Fees are based on a construction estim~
$5312.50and were paid in July, 1998.
AUG 0 4 1998
....... II '- I ...................................................................................
Executive Su~
The Cottages at Gulf Harbor
Page 2
The breakdown is as follows:
a) Plat Review Fee ($425.00 + $4./ac) - $429.00
b) Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $ 8.25
Drainage,
Paving, Grading ~.425% const, est.)- $ 15.56
c) Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $ 24.75
Drainage,
Paving, Grading (1.275% const, est.) - $ 46.04
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
REC~ATION~
That the Board of County Commissioners approve the Final Plat of
"The Cottages at Gulf Harbor" with the following stipulations:
Accept the Irrevocable Letter of Credit as security to
guarantee completion of the subdivision improvements.
Authorize the recording of the Final Plat of "The Cottages
at Gulf Harbor".
Authorize the Chairman to execute the attached construction
and maintenance agreement.
That no Certificates of Occupancy be granted untfl the
required improvements have received preliminary acceptance.
_PARED BY: . ~
jo}in R. Houldsworth, senior Engineer
Engineering Review
Date
REVIEWED BY:
Thomas E] Kuck, P.E.
Engineering Review Manager
:ment Director
Cautero, AICP, Administrator
Cona~unity Development E Environmental Services
Date
'Date
Date
AUG 0 4:1998
~T
PROJECT L. OCATION MAP
COLLIER C0b,'NTY LAND DE'v'ELOPMENT CODE
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IM.
PROVEMENTS entered into this day Of' . 19 q~__~ between
~.?_~%~i=~hereinafter referred to as "Developer." 'and the Bokrd of County Commissioners
of Collier County, Florida, hereinafter referred to as the "Board."
RECITALS:
A. Developer has, simultaneously wit~ the delivery of this Agreement, applied for the
approval by th~ Board of a~cer~izt plat of a subdivision to be known az:
B. Division 3.2 of the Collier Cou=iy La.nd Development Code requires the Developer to
pes~ appropriate ~mrantees for the con.ruction of the improvements required by sa. id suIxli-
vision regulations, said guarantees ~o be incorporated in a bonded agreement for the construc-
tion of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereimdter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed: ~,.~e.~, t~J ~ :i
'P~-~ z- 5-qf5
within [~.. months from the date of approval said subdivision plat, said improve-
ments hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (at-
tached hereto as Exhibit "A" and by reference made a part hereof) in the
amount of $ ~',~}"~ which amount represents 10% of the total con-
tract cost to complete construction plus 100% of the estimate cost of to
complete the required improvements at the date of this Agreement.
3. In the event of default by the Developer or failure of the Developer to
complete such improvements wi;hin the time required by the Land De-
velopment Code, Collier County, may call upon the subdivision perfor.
mance security to insure 3atisfactory completion of the required improve-
ments.
Supp. No. 1
The required improvements shall not be considered complete until a state-
ment of substantial completion by Developer's engineer along with the
final project records have been furnished to be reviewed and approved by
the Development Services Director for compliance with the Collier County
Land Development Code.
The Development Services Director shall, within sixty (60) days of receipt
of the statement of substantial completion, either: a) notify the Developer
in writing of his preliminary approval of the improvements; or b) notify
the Developer in writing of his refusal to approve improvements, there-
with specifying those conditions which the Developer must ~
to obtain the Director's approval of the improvements. H
APPENDIX A-STANDARD LEGAL DOCUMENTS
event shah the Development Services Director refuse preliminars.' ap-
proval of the improvements if they are in fact constructed and submitted
for approval in accordance with the requirements of this Agreement.
6. The Developer shall maintain all required improvements for a minimum
period of one year after preliminary approval by the Development Ser-
vices Director. After the one year maintenance period by the Developer
ha~ terminated, the Developer shall petition the Development Services
Direc~r to i~ the required improvements. The Development Ser.
vice~ I~ir~xor or hi~ designee shall inspect the improvements and, if
found to be still in compliance ~ith the Collier County Land Development
Code a~ reflexed by final approval by the Board, the Board shall rel~ze
the remaining 10~ of the ~ulxlivizion performance security. The Devel-
oper's respor~ibility for maintenance of the required improvements shall
continue unless or until the Board accepts maintenance responsibility for
~md by the County.
7. Six (6) raonth~ afar the execution of this Agreement and once within
every six (6} months th~r~/~r the Developer may request the Develop-
ment S~rvice~ Direc~r to reduce the dollar amount of the subdivision
performance security on the basis of work complete, Each request for a
reduction in the dollar amount of the subdivision performance security
shall be accompanied by a statement of substantial completion by the
Developer's engineer together with the project records necessary for re-
view by the Development Services Director. The Development Services
Director may grant the request for a reduction in the amount of the
subdivision l~fonrn,,nce s~.-urity for the improvements completed as of
the date of the request.
8. In the event the Developer shall fail or neglect to fulfill its obligations
under this Agreement, upon certification of such failure, the County Ad-
ministrator may call upon the subdivision performance security to secure
satisfactory completion, repair and maintenance of the required improve-
merits. The Board shall have the right to construct and maintain, or cause
to be constructed or maintained, pursuant to public advertisement and
receipt and acceptance of bids, the improvements required herein. The
Developer, as principal under the subdivision performance security, shall
be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not
limited to, engineering, legal and contingent costs, together with any
damages, either direct or consequential, which the Board may sustain on
account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
9. Ail of the termz, covenantz and conditions herein contained are an shall
be binding upon the Developer and the respective successors and assigns
of the Developer.
IN WTrNESS VgHEREOF. the Board and the Develouer have caused this Agreement to be
executed by their duly authorized representatives this__ da>' of ~~
Supp. No. I LDCA: 11
IAUG 0 41998
COLLIER COUNTY LAND DEVELOPMENT CODE
SIGNED, SEALED A~ND DELIVERED IN
THE PRESENCE OF:
Printed o~Typed Name /
Printed or Typed Name
ATTEST:
DWIGHT E. BROCE, CLERK
Deputy Clerk
d w i i td o,-ru £ ' I_L,,,.' C
[Developer Na~nei
Printed or Typed Name
BOARD OF COUNTY COM1M%SSIONERS OF
COLLAR COUNTY, FLORIDA
Supg. No. I
LDCA:12
AUG 0 4 1998
130. ~
Northern Trust Bank Of Florida
700 Brick. cH Avenue, Miami, Florida 33131-2881
Tel.: (305) 789-1300
Telex: I.T.T. 441180 * S.W.I.F.T. CNOR US3M
June 10, 1998
To:
(Beneficiary)
The Board of County Commissioners,
Collier County, Florida
c./o Office of the County Attorney
Collier County Government Center
3301 E. Tamiami Trail
Naples, FL 34112
Gentlemen,
We hereby issue om' Irrevocable Standby Letter of Credit No. S987057 in your,
the benefieim'y's, favor for the account of Idyll Homes, Inc., 1290 Rainbow Court,
Naples, FL 34110, in the aggregate amount of United States Dollars Five
Thousand Eight Hunch'ed Forty Three and 75/100 ($5,843.75) and is available by
your dra~(s) drawn at sight on us.
Your dra~s) must be marked: "Drawn under Northern Trust Bank of Florida
N.A., Miami, Florida, Letter of Credit No. S987057, dated June 10, 1998, and
must be accompanied by the following documents:
The original of this Letter of Credit and all amendments, if any, for proper
endorsement.
A Statement purportedly signed by the County Manager of Collier County,
Naples, Florida, certifiying that "Idyll Homes, Inc. has failed to construct and/or
maintain the improvements associated with that certain plat of a sutxtivision
known as The Cottages at Gulf Harbor or a final inspection satisfactory to
Collic~ County 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".
Page I/2
l~torlltm~T~ ~lmmridaC~~Nor~hernT~Bank~l:'kn'idaN-A'
AUG 0 4~ 1998
Irrevocable Letter of Credit
No. S987057
Page 222
This Letter of Credit shall be valid until June I0, 1999, and shall thereafter be
automatically renewed for ~ve one year periods on the anniversary of its
issue unless at least sixty (60) days prior to any expiration date, we notify you
by Federal Expre~ courier service or certified mail with return receipt requested
that we elect not to consider this Letter of Credit renewed for any such additional
This Letter of Credit sets forth in full the terms of our undertaking, and such
undertaking shall not in any way be modified, amended, or amplified by reference
to any documents, instrument, or agreement referred to herein or in which this
Letter of Credit is referred to or this Letter of Credit relates, and any such
reference shall not be deemed to incorporate herein by reference any document,
instrtmae~ or agreement.
We hereby agree with you that draft(s) drawn under and in compliance with the
terms of this'Letter of Credit will be duly honored if presented at our office
located at 700 Brickell Avenue, Miami, Florida 33131, attention Letter of Credit
Department on or before June 10, 1999, the expiration date, or any automatically
extended date, as hereinbefore set forth.
This Letter of Credit is ~ubject to the Uniform Customs and Practice for
Documentary Credits (1993 Revision), I.C.C Publication No. 500.
Second Vice President
AUG 0 4 1998
:¢mxw~ Inquiry
?/27/~
1~7000042457 ST:FL ACTTV~/FL PROFZT
65-0758015
: ZD~ H~, ~.
~XP~: 1290 ~ ~.
~D~S ~L~S, ~ 34110
~DR : 4501 ~l ~L~ NOR~
SUZ~ 300
~ ~ 34103 US
CORPORATE DETAIL P,F~CORD SCP~EH
FLD: 05/13/1997
10:44 A
CH~J~F.D: 07/10/98
~ CHG: 07/10/98
(1998) A 07/10/98
OFFICIAL P,E~ORD; SEE DOC0HENTS IF QUESTIO~ OR CONFLICT --
7/27/98
AUG 0 4 1998
EXE SUMMARY
ACCEPTANCE OF ACCF~S ROAD RIGHT-OF-WAY FROM THE STATE OF
DEPARTMENT OF TRANSPORTATION.
FLORIDA
.O.~?~: To accept for the record the eonveyaxtm of a 60 foot wide strip of right-of-way 2,531
feet in kng~ extending we~t from County Road CR-951 approxim~ly one quarter mile north of the
Imem~ 1-75 inte~ which was origimlly acquired by the State of Florida Department of
Tvamportafion (FIXI0 to regxne access obstructed by the construction ofi-75.
CONS~D~IATION: Th~ mxbject right-of-way is offidally known as "Access Road No. 2, Section /
Iob 03175-2409." On April 6, 1993, the Collier Coutrty Board of County Commi~ioners adopted
Remlution No. 93-143, officially requ~ the trvmfer of Ae, e,e~ Road No 2 to Collier County. At
that ~ however, FD(Yr ~ that the 1-75 Master Plan was being re,~aluated; and that they
believed no transfer shoukl be nmde until they were certain that the access road would not be required as
· part ofthe ' ~,,m?~me~ to the imcm~ sy~-tm
Evidmfly, the FDOT r~e~lu~on of the 1-75 Master Plan has been completed, as they have executed
delivered t~ us the ~ Quitclaim Deed for recording in the public records of Collier County,
l~i~42AL IMPACT: Recording fees in the amount of $15.00 must be paid to the Clerk of Court
Fund 313 Road Construction / Gas Tax
Co~ Camter 163673 Tranzportati~ Projects
Projoc~ No. 69071 Multi-Project Env. Services
G"RO~ MANA~E~ IMPACt: Acceptance of' the atw. ess road right-of-way will have no
upon Collier Coumy's Growth Managem~ Plan.
AUG 0 4
Fi! '~ ~~ATION: of County of Collier County, Florida, acc~t
Tha~
the
Board
~-~;~, ~., ~ ~ of that segmem of right-of-way known as Access Road No. 2, Section / Job 03175-
,~ ~3,?~:. 1409, iegslly deacn~ in lt~ Quitclaim Deed attached hereto, and authorize staff to r~x~rd same in ihe
:,, APPROVED BY: DATE: ,~,~,~
FM # :200721 I
SectiorffJob :03175-2409
FAP # :I-754(22)307
Co~' :COLLIER
State Road # :93(I-75)
Parcel # :i04(Aco~s Rd..# 2,
QUITCLAIM DEED
THIS INDENIURE, MADE THIS ~t/ ~da)' of ~'~"~' ., 1998, by and l:~w~ the STATE OF
FLORIDA, by and through fl~ STATE OF FLORIDA DEP.-LRTMENT OF TRANSPORTATION, P. O. Box
1249, Ra'lo~, Fiofda 33831-1249, as the pa~.- of the First Part, and th~ Board of Collier CounLy
~, ~ose I~t offic~ address is 3301 E. Tamiami Trail, Building G, Naples, Florida 34112, the
WHEREAS, said land lm'einafier described was heretofore acquired for state highway purposes: and
WHEREAS, said land is no longer required for such purposes, and the Par'o.' of the First Part, ~' action
ofth~ District ~, Dislrict One, Florida Depmt of Transportation on 0's,*,e. 29,, }~f_ff, pursuant to
th~ ixovisions of ~:tion 337.25 Florida Statutes, has agreed to quitclaim the land hereinafter described to the
P~n>.' of the Second Part:
NOW, THEREFORE, THIS INDENTURE WITNESSETH: That the Party of the First Part,
fw and in comider~,fion ofl~ ~ and the sum of One Dollar and other valuable considerations to it paid
by the Party of the SecoM Part, fl~ receipt of sshich is F,a-d~.-acla~owledged, does hereby remise, release and
quitclaim unto th~ Party of'tho SecoM Part, and assigns, forever, all the fight, title and interest of thc State of
Florida and/or the State of Florida Department of Trmspomtion to the property, described on Exhibit "A"
anachod hereto and made a part hereof.
TO HAVE AND TO HOLD the .said premises and the appu.nenances thereof unto the Party. of the
$eco~ Part.
This CONVEYANCE IS made subject to any unpaid taxes, assessments, liens, or
er, mmtnaa:~.
Page I of 2
FM# :200721 I
Seefflob# :03175-2409
Co~n~. :COLLIFR
FAP # :I-75-4(22)307
$~te Road # :93(I-75)
Parcel # : 104(Access Rd.# 2)
IN WITN~S WHEREOF, the State of Florida Department of Transportation has caused
these presents to be signed in the name of the State of Florida and in the name of the State of Florida
Deparmaem of Tramportation by its District Secretary, District One, and its seal to be hereumo affixed,
:mested by its Executive Secretary. on the date first at. ye written.
Signed. sealed and delivered .,...~TATE OF ~](..ORII~A
Primed Nan,' of Witness
Approved as to form and legalky
of Transportation /
S~te of Florida
Com~ of Polk
The foregoin~ instrumem was acknowledged before me this
by David A. Twiddy, Jr., P.E.~ the _Disu~ct
I ~ ',:g'';F;:2*'~ --'~'~ ~
I
NOTARY SEAt,
OR ST~IP
My commission expires ~ O]
DEPARTMENT SEAL
.t~_ day of ~. J~ K) ~. ,199~,
Secretary for D/stria One. Florida Department of Transportation,
Primed Name of Notary
Notary Public in and for the
County and State last aforesaid
2of2
AUG G iSgSI
_.1
3.487 &C~, ~o~'l'aF lu..
~4t~r~y ILtVxt-ef-vuT 1~ "1-
N
FLORID~DEPARTMENT OF TRAI~SPORTATION
AI~ 1~, 1993
RECEIVED
APR 1 6 1993
I:~AL PROPER'~ MGM~.
~ ~~'l~: 03175-_.~24~9_~]~: BI[ 441417 ~ 1-75-4~32)3~ ~: 93 (I-75) ~Co[Uer
.-n-re?e,-- ~ ~} nsst al ih'. Ornart's emm, m mstlnnl ina Fdmn~ 9, 1993
ATIMTS.
FLOKIDA
Febz~_~y 16, 1993
Post Office ~cx 1249
Barrow, Florida 33830
(813) 533-8161
DEPARTMENT OF TRANSPORTATION
Re: WPI-BI : 44147
Section/Jo~: ' 03175-2409
FAP~ : 1-75-4 (32) 307
County : Coll t._r
State Road : 93 (1-75)
Parcel' ~104 (Part)
soar of county s , rs
~13gineering Del3a~b,~nt, Builaing "D"
3301 East TanianiTrail
Naples, Florida 33962
Attn: Mr. Ed Kant
Dear Mr. Kant:
Th/s letter is in rusponse to Coil ier County ' s request for C-.e Florida
D~nt of Tr~tion to transfer th~ above ref=~%ced access r~ to the
Oounty. Prior to tx--~sfer, our se~_ral depa~'b,=nt h~ads w~re asked -_o provide
direction input,. Om~nts ~ r~c~iv~d from both th~ District Piann/ng :.~nager and
the Access Mmna~ section with direction. Copies of their response are provided
for your benefit.
The c,~,,~J, ts frum Mr. C. W. Ockert, the District Planning Manager ~ t~e most
1/mitlng and call for withholding transfer until the co,~letion cf the Department's
i~tez~3tate master plan ~date scheduled for mid 1994. Mr. OckerT also calls for a
fozma/ agreement be executed relating to other items. We expect his o~fice will be in
As this section does not fozmally function as po~'t cf the transfer system, we_ expect
your irmol%~r~nt with Mr. Ocksrt will result in his direct_i_on to the proper section at
the suitable
Please call if ~ ~m~ offer further assistance.
Wayne Sangster
District ~m~n/strator
Property Mana~=,=nt
m S/rc
cc: C.W. Ockert, C. K. McCroan
· Fete 2~1-10
DATE
TO
FROM
COPIE~ TO
SUBJECT
February 9, 1993
MEMO'RAND UM
Southwest Area Office
CWO-MT-93 S/C 748-2341
John F. Pack, Jr.', Real Property Management (MS 1-37)
C. W. Ocker ,~District Planning Manager
Norman Feder, Mike Tako, Robert Register, Dick Shine,
John DeWinkler
ACCESS RO~D TRANSFER
SECTION/JOB% 03:75-2409
WPI NO.: (Bi) 44147
FAP: 1-75 - 4 (32) 307
ST'RD: 93 (I-75)
COLLIER COUNTY
PltRCELS: 104 (PART)
ACCESS ROAD OFF STRD 951
This memorandum responds to your January 25, 1993 request
regarding the Department's proposed transfer to Collier County
of the access road located immediately north of the 1-75/SR
951 interchange.
This access road should not be transferred to the County until
the following two conditions are met:
1)
The Department's Master Plan Update for 1-75 is
complete (expected Mid-1994). The Plan may define
improvements that could cause modifications to the
access road.
2)
A formal agreement is exe~lted with Collier County
specifying that:
a)
,b)
The median opening on CR 951 at the point of
the access road will be closed and
The County will require that any new median
opening on CR 951 will be entirely consistent
with the Department,s Access Management
Standards pursuant to R~/le 14-97.
CWO\Rms\mm
AUG 0 iSS
DATE
TO
FROM
COPIF. S TO
SUBJECT
MEMORANDUM
SIJtc of FIo~dm Dep,,nn~m of Tran~"n~lkm
Febn ary 4, 1993
John Pack
Real Property Management - Right Of Way Specialist
-.,,i ~"f~
Assistant Di~Irict Access Mana:.'ement Engineer ~'
Bob Register, Ed Kant
STATE PROJECT NO. 03175-2-.109
1-75 in Collier County
Parcel #104
Access Road From S.R. 95I .North of 1-75
FEB 5 !~
We offer no objection to transferring this right of way to the jurisdiction of Collier
County. However, we do request certain stipulations be part of this transfer.
The existing median opening immediately north of the limited access
fence and opposite this access road will be closed. This median
opening will be relocated approximately 700' north at the main
entrance to the Golden Gate Health Park.
This had been discussed with Mr. Ed Kant of Collier County -Engineering Staff and
it agrees with their plans for this area.
Mr, Mike Tako also discussed the closing of this median opening with Mr. Bob
Duane of Hole, Montes and Associates, Inc. of Naples, Florida coaceming a
proposed development near this interchange.
CKM/rcb
AUG 0 4
F~SO~TIO~ ~0. 93-143
~OLUTION OF TH~ BOAKD OF COUNTY CO~ISSIONERS OF COLLI~ C0~,
~IDA, ~TIN~ ~S~ ~ ~ STATE OF F~RIDA D~~T
OF ~S~ATION OF ~T C~TAIN SIl~ (60) ~ WIDE RIG~-OF-WAY
~ ~ ACCESS ~0~ NO. 2, ~D ~ST 0F CR-951 ~ NOR~ OF T~
X~TATE 1-75 / ~-951 I~~GE.
W1~REAS, ~ha Florida Depar~ent of Transportation is desirous
of transferring ownership to Collier CountF of a sixt! foot wide
right-of-wa! creat~ during the acquisition of right-of-way for the
1-75 / CR-951 interchange; and
WHIPSAW, the Board of Count! Co~e~issioners of Collier Count~,
Florida, have concluded that it is in the best interest of the
citizens of Collier CountF for the Count! to take possession and
control of that certain road right-of-wa! ~nown as Access Road
No. 2 on ~heet 1 of 10 of ~he State of Florida, Department of
Transpor'cation ~ight-of-Wa! ~ap, Section 03175-2409.
NON, THEreFORE, BE IT P~F~OLVED that the Board of Count~
Coe~lssioners of Collier CountT, Florida, does hereb~ request the
Florida DaUnt of Transportation to Quitclaim unto Collier
Count! sll right, title a~d interest in and to that certain road
right-of-way, ~ore ~ic~larl! described in Exhibit "A", attached
hereto and made · part hereof; and
BE IT ~ BE~OLVED that neither this request, nor the
acceptance of anF such conveyances or transfers, shall in any way
act to compel ~he clearing, construction or maintenance of any
trail, walkway, sidewalk, roadway or other transportation system on
or to the lands so conveyed and accepted.
..:.-..'- This Resolution adopted after motion,
.:' .' ;:.-'...vote.
' ATTEST: · -~
Approved as to form and
lega~ suffic~ency:
Heid/ F. 'As~ton
Assistant County Attorney
second and ~aJoritF
~RT L. SAUNDERS, Chairman
AUG 0
PROJECT HO.
PRO,~CT PARC~. NO.
"TAX PARCk"t. NO.
That par~ of the NE 1/4 oE Section 34, Township 49 South,* Range
26 East, Collier CoUnt-f, Florida, being more par~icularly
COHHENCE at the Southeast corner of the NE 1/4 of said Section
34, Township 49 South, Rartge' 26 East; thence, run south 88'48'27"
West,'& distance of 100.01 feet to ~he Westerly Right-of-way line
of S.R. S-951; thence North 0' 29 ' 15" West, along laid ·
R/~ht-of-~ay line,, a distance of 1,353.73 feet for the POINT OF
~EGI~NG; thence south 87'42,52- weet, a distance of 2,53.1.44
feet; thel~¢e North 0'20'07~ West, a dist&nce of 60.03 feet;
ther~=e North 87'42'52~ East, a distance of 2,531.28 feet;
thence South 0'29'15~ East, a distance of 60.03 feet to the
POINT OF BEGINNING. '
Conta£nLnq 3.487 acres, ~ore or less.
SlKETOI4 ~ ~AI. I:Yl~SI::t:I~:'llOI, I (NOT A SUI~Vk'Y~
N
2,531.28'
2,S21.44'
Secr~.~ 34, "2'ov~hJ.p 49 ScnJ~:h, P.a~® 26 T.-is'r.
=~' 'Ti."
AUG 0 % I. SS
I_
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE AMENDMENT NO. 3 TO
i~ROFESSIONAL SERVICES AGREEMENT FOR MASTER PUMP
STATION 1.02, CONTRACT #89-1506, PROJECT NO. 73924.
~ J_~: That the Board of County Commissioners, as the Ex-Officio
Governing Board of the Collier County Water-Sewer District, approve
Amendment No. 3 to the Professional Services Agreement with Hole, Montes,
and Associates, Inc. for Master Pump Station 1.02.
CONSIDERATIONS:
1. On May 15, 1990 as Agenda Item 9(D)(4), the Board entered into an
agreement with Hole, Montes, and Associates, Inc. (HMA) for design and
construction services for Master Pump Station 1.02 to be located at the
intersection of Wiggins Pass Road and U.S. 41.
2. Preliminary design of the pump station ensued at one of the three potential
sites at the direction of Collier County Utilities Department (CCUD). In April
1991, the preliminary design phase was completed and submitted to CCUD.
At that time, the design was put on hold pending site acquisition.
3. On September 19, 1992 as Agenda Item 16(D)(7), the Board approved
Amendment No. 1 to the Professional Services Agreement with HMA. The
amendment 'increased the original project budget to accommodate design
modifications requested by CCUD.
4. On February 7, 1995 as Agenda Item 16(H)(3), the Board authorized the
acquisition of an easement lying within Lawmetka Plaza PUD on the
northwest corner of Wiggins Pass Read and U.S. 41 for the purpose of
constructing and maintaining Master Pump Station 1.02.
5. On August 15, 1995 as Agenda Item 16(H)(6), the Board approved
Amendment No. 2 to the Professional Services Agreement with HMA. The
amendment increased the original project budget for design modifications
required to accommodate the new site and to adjust the fee schedule
commensurate with cost-of-living increases.
6. The project was then put on hold pending the recommendations in the Collier
County Wastewater Master Plan which was in the process of being updated.
AUG 0 4
Executive Sunmaaxy
Approve Amendment No. 3 for Master Ptm~ Station 1.02
Page 2
o
o
On July 22, 1997, as Agenda Items 12(C)(4) and 12(C)(5), the Board adopted
the 1997 Wastewater Master Plan Update. The update recommended designing
Master Pump Station 1.02 as an in-line booster pump station instead of the
original wet well design concept as originally envisioned under the original
contract with HMA.
Design modifications will be required to accommodate the new in-line booster
pump design concept. Additionally since the project has been on hold for 3
years since !995, adjustments to the fee schedule commensurate with cost-of-
living increases have also been requested by HMA.
The negotiated fee increase is $44,000 as documented in the attached July 13,
1998 revised letter proposal from HMA. The following 'summarizes the
breakdown of costs:
Original Contract #89-1506
Amendment No. 1
Amendment No. 2
Amendment No. 3 (Proposed)
$ 95,500
$ 44,500
$ 29,600
$ 44,000
TOTAL (Proposed) $2! 3,600
ex, K F.I$CAL IMPACT: Funds from the Wastewater Department are available from
\k'~--Fuad 413 (Sewer System Development Impact Fee) as follows'
.\¥
Amount: $44,000
Fund: 413 Sewer System Development Impact Fee.
Coat Center: 263611 Combined Sewer Capital Projects.
Project No.: 73924 Master Pump Station 1.02
GROWTH M_ANAGT~;~HENT ,IMPACT: This project is CIE #924. This
amendment will assist in completing the design and construction of this project.
RECOMMENDATIONS: Staff recommends that the Board of County
Commissioners, as the Ex-Officio governing board of the Collier County Water-
Sewer District, approve Amendment No. 3 to the Professional Services
Agreement with Hole, Montes,
1.02.
and Associates, Inc.
for Master
Pump Station
AU$ 0 1598
Executive Stm~nary
Approve Amendment No. 3 for ~c-r Pump Station 1.02
Page 3
PREPARED BY:
Mohan V. Thampi, P.E., l~roject Manager
Office of Capital Projects Management
Richard Hellriegel, P.E., Interim Director
Off~ce of Capital Project~ Management
Tim Cletfl~u~, Wastewater Director
Public Works Division
DATE:
:r, Administrator
Public Works Division
DATE:
Attachments: .&mendm.:nt No. 3 ( 7 original copies for Chairman's signature ).
MVT:mvt
July 07, 1998 (REVISED July 13, 1998)
"gB ,Il.IL 1H PR 3 59
Mohan Thampi, P.E.
Collier County Office of Capital Project Management
3301 Tamiarni Trail E, Bldg D
Naples FL 34112
Master Pump Station 1.02
HMA File No. 19990051
Dear Mohan:
Following our meeting with Tim Clemons on June 26th. I have reviewed the current status of our
contract with Collier Count3.'. The following amounts remain in our contract with Collier County (as
revised June 1995).
A2. Design Report
A3. Preliminary Desi~
A4. Final Design
A5. Bid Services
A6. Construction Contract Administration
A7. Detailed Observation of Construction
Permits/Approvals
Survey/Easement
O&M Manual
Subsurface Investigation
TOTAL
$ 0
$ 15,500
$ 7,000
$ 5,0O0
$ 29,500
$ 31,000
$ 5,000
$ 3,000
$ 2,500
$ 2,500
$101,000
The above contract amounts were negotiated in 1995 to zmend a contract originally si~ed in 1990.
The basis for the amounts negotiated in 1995 was that the design for Master Pump Station 1.02
would be the same as Master Pump Station 1.04' with only minor modifications other than the new
site and landscape plans.
Based on our meeting, the following revised scope for this Master Pump Station has been identified:
1. The proposed pump station will consist of the use of Flygt pumps used in the "in-line booster
pumping" mode of operation. Therefore, there will be no need for a w;t well structure.
2. Collier County will select the Flygt pumps (model number, impeller size, etc.) for use on this
project. Flygt will provide a complete package system consisting of pump/VFD combination
units. Flygt will also supply a p'reprogrammed pump control system with the pumps and VFD's.
AUG 0 4 1S 8
715 TENTH STI~ET SC~rT~
Mohan Thampi, P.E.
Collier County OCPM
HMA File No. 19909051
July 13, 1998
Page 2
Collier County will provide all coordination and negotiation with Flygt regarding selection and
specification of these pumping units and controls. ENGINEER will be responsible for the design
of the piping and valves to connect to the package pump systems, but will not be responsible for
startup of the pumping systems.
The pumps will be operated based on a control system which will sense force main pressure at
the pump station and will adjust the speed of the VFD driven pumps to provide the pressure
necessary to handle the flow requiring pumping. ENGINEER will specify the pressure sensors
and flow meter and will design only the control wiring and terminal block inside the building to
where these instruments will send their 4-20 mA signal. Collier County is responsible for
coordination with Dataflow and Flygt in connection of these signals to the pre-purchased
equipment.
Emergency standby power will be provided by a "se[f-contained" generator unit. Therefore, the
generator will not be housed in the control building. The generator housing will be specified at
the maximum sound proof rating available by the manufacturer. Fuel for the generator will be
stored in a double wal}ed tank to be supplied as an Jnte~al part of the generator. The fuel
storage tank will be no larger than 500 gallons.
The pumps, VFD's. and controls will be housed in a building. The building will be designed
with roof hatches above each pump to allow pulling of the pumps for maintenance using a truck-
mounted boom crane. Collier County wishes to contain the pump station in a single room
building with the entire building air conditioned. The pumps, VFD's, controls, and other
~lectrical equipment will be contained in the building.
The following equipment will be pre-purchased by. Collier County: Flygt pumps, Flygt supplied
control system (including pump VFD controllers), VFD's, and Dataflow telemetry system.
Collier County will prepare ali bidding documents including technical specifications for the
Flygt pumps and the Flygt control system. Collier County will review and approve shop
drawings for this equipment and will coordinate delivery to the selected general contractor.
Collier County will provide the ENGINEER with copies of the comprehensive engineering
description and ,:.pecificatioa for ali pre-purchased equipment for inclusion in the specifications
to be bid to general contractors. Contract documents will state that the attached list of equipment
and parts will be provided by the OWNER m?d that the general contractor will be responsible for
a complete installation meeting performance standards using these pieces of equipment and parts
and that the general contractor is responsible for all other components required to provide a
complete, functioning sy~em. Any questions during bidding or construction relating to pre-
purchased equipment will be answered by Collier County directly and Collier County will
prepare any Addenda and clarification relating to clarification of pre-purchased equipment.
Collier County will provide specifications for the Flygt pumps, pump and VFD control system
(to be provided by Flygt), and the Dataflow telemetry system.
Collier County will i~e~. -r; me _ O
IAU o q
....
Mohan Thampi, P.E.
Collier Count), (3CPM
HMA File No. 19909051
July ! 3, ! 998
Page 3
bid documents for the pre-purchased equipment and will secure this equipment. Assistance
reques~ of the ENGINEER for assistance with pre-purchase of equipment, review of shop
drawings, or startup of pre-purchased equipment will be billed as an Additional Service, in
excess of the contract budget, on a time and materials basis.
8. The flow meter ,.viii be installed in an above ground configuration without a meter pit.
9. The outside lighting will be limited to a singli light with switch located inside of the building
near thc doorway.
10.
Water service will be extended to the pump station site to provide for a standard fire hydrant, a
single hose bib on the exterior of the building, and a single hose bib on the interior of the
building.
11.
Site plan development will be to the minimum Count' Development Standards and is to include
an asphalt driveway, landscape plan per the LDC. and surface water management per SFWMD
permit. ENGINEER will complete application for SDP and submit it on behalf of Collier
County. Collier Coun~ will provide the check to pay the pertinent permit fees or arrange for
transfer of funds from one County fund to another to cover all permit and approval fees.
12. ENGINEER will prepare and submit a construction permit application to FDEP for the project.
Collier County will provide the check to pa)' the pertinent permit fees.
13.
ENGINEER will prepare and submit County right-of-way permit applications for utilities to be
constructed in Count' right-of-ways. ENGINEER will prepare and submit a driveway permit
application, as necessary,. Collier County will arrange for direct payment of these fees.
14.
Master Pump Station 1.02 will be located on the site along Wiggins Pass Road per the easement
acquired on January. 31, 1995 from James R. Colosimo, Trustee. No further easement
acquisition work is included in this contract.
15. The pump station bui, lding will be rectangular in shape with a flat roof and will have no
architectural features other than the doors. The building will be constructed using concrete block
with a painted stucco exterior surface and a painted block interior surface. Roof will be
constructed using a prefabricated concrete roofing system. In the event that conditions were to
change, requiring the addition of architectural features to the building to improve aesthetics, etc.,
a Contract Amendment will be negotiated for these Additional Services.
16. Thc perimeter of the site will be enclosed using chain link fencing per Collier County Utilities'
standards (6 feet in height with 3-stran'd barbed wire) and a manual fence gate.
~I~OdA_NAPLES~WIR I ~: ~;g051 ~ltEl~ 191~071 ~-MT-LTR. fK)C
Mohan Thampi, P.E.
C, ollier County (3CPM
HlVIA File No. 19909051
July 13, 1998
Page 4
17. Collier County do~s not want an O&M Manual prepared other than that to be provided by Flygt,
Dataflow, and oth~ manufacturers of major equipment items. Collier County will acquire and
compile the manufacturer O&M submittals for pre-purchased equipment. ENGINEER will
forward to Collier County all manufacturer O&M submittals which they receive from the general
contractor. ENGINEER will not compile an O&M Manual.
This proposal is based.on an estimated time of construction of 26 weeks, during which ENGINEER
would provide part-time inspection of construction. Our proposed fee increase reflects two major
changes since the 1995 contract amendment. The 1995 contract amendment was based on the use of
the design for Master Pump Station 1.04 with only preparation of new site plans along with
construction occurring simultaneously with ano,her .Master Pump Station. The increase in design fee
is for preparation of the detailed drawings and specifications for the pump station, which were not
included in the 1995 contract amendment. The fee increase for construction phase services is for
having to perform these services for a single project and not as part of a larger construction contract
with additional fees provided under the other project's contract budget. Contract Administration and
Detailed Observation of Construction will be provided on a time and materials basis. The budgets
for thes~ items have been kept to a minimum and it is understood that requests for extra meetings,
inspections, or evaluations of alternatives will be billed as an Additional Service, in excess of the
contract budget amount, in the event that construction is not completed within the 26 week
schedule, it is understood that the services to be provided by the ENGINEER will probably be in
excess of the established time and materials budget for Contract Administration and Detailed
Observation of Construction. ENGINEER will provide extra services during construction beyond 26
wee. ks on a time and materials basis. It is Collier Counb"s responsibility to collect any amounts due
to them by the contractor which may be used to reimburse the ENGINEER, although it is Collier
County's responsibility to pay the ENGINEER regardless of collection of any liquidated damages.
The following is a Summary of Services to be prodded under this Contract Amendment to the
original contract with Collier County.
A2. Conceptual Design: ENGINEER will mee'~ with Collier County and CDM to receive
pump station capacity. ENGINEER will prepare conceptual design sketches of the site plan, plan
vi~*, of thc pump station bu;iding and off-site utilities extensions. ENGINEER will meet with
Collier County to confirm design concept. No written report will be prepared.
Deliverables:
i 1" x 17' (half-size) conceptual design drawings consisting of (a) site pla,n, (b) plan view of pump
building, and (c) off-site utilities extensions. 5 copies.
A3. Preliminar~ Design: ENGINEER will prepare preliminary plans and specifications for this
proje~ based on Collier County's wriRen approval of conceptual design drawings. ENGINEER_ ,, will
Mohan Thampi, P.E.
Collier County OCPM
HMA File No. 19909051
July 13, 1998
Page 5
prepare a preliminary opinion of probable construction cost and will meet with Collier County
Utilities and OCPM to go over Preliminary Plans and Specifications. Refer to previous paragraphs 6
and 7 in this proposal.
Deliverables:
I 1' x 17" (half-size) preliminary design drawings consisting of(a) cover sheet with sheet list
and location map, (b) site plan, (c) plan view of pump building showing pumps and
associated piping, (d) sections and details for pumps and piping, (e) off-site utilities
extensions, (f) structural plan view showing foundation and roof plan, (g) structural sections
and details, (h) electrical single line diagrams. (I) electrical plan and details, (j) mechanical
plan and details for connection of fuel lines from the fuel storage tank to the generator, (k)
HVAC plan and details, and (1) miscellaneous details. 5 copies.
Preliminary Specifications consisting of (a) completion of OCPM front-end check list, (b)
technical specifications for piping, valves, etc., (c) technical specifications for structural
components, (d) technical specifications for general civil components, (e) technical
specifications for electrical systems, and (0 Technical specifications for mechanical systems
(HVAC). 5 copies
Preliminary opinion of probable construction cost.
..A. 4. Final Design: Based upon County review of the preliminary design, the final design will be
completed. ENGINEER will incorporate any requeged changes identified to the preliminary plans.
A~y changes in project scope which require changes to the project design will be performed only
following negotiation of a Contract Amendment for redesign. ENGINEER will meet with Collier
County to review final plans prior to bidding and will make minor corrections if any are identified.
Deliverables!
Final full-size plans and specifications ready for bidding. 5 copies.
ENGINEER will stamp and seal the bidable construction documents. However, this
professional seal is limited to the work prepared under the ENGINEER's control and
excludes any and ail responsibility for the performance, costs, maintenance, reliability and
efficiency of the pumps, pump control system and VFD's.
AS. Bid Services:
ENGINEER will assist Collier County during bidding of the construction contract ,'rely. This does
not include assistance with ',he pre-purchase of equipment which is to be performed independently
by Collier County. Refer to previous Paragraphs 6 and 7 in this proposal.
~IMA_NA ~WI~ 19~;0~ 199"J0~ I ~,F.i~ 19910713- MT. LTR [X)C
AUG 0 4
Mohan Thampi, P.E.
Collier County OCPM
HMA File No. 1990.051
July i 3, 1998
Page 6
A6. Construction Contract Administration:
The revised fee is ba.sed upon a construction period of 150 days for Substantial Completion and 180
d~ys for final completion. The revised fee is calculated based on an average weekly allowance for
professional time as stipuh~:i by the County during fee negotiations. The revised fee is to be
invoiced on an actual Time and Materials basis instead of on a Lump Sum basis. The ENGINEER
will be compensated by the County for all costs beyond the revised fee and for more than one
Substantial Completion Inspection, more than I Final Completion Inspection, and for any services
provided past the 180 day final completion time. Refer to previous paragraphs 6 and 7 in this letter.
A7. Detailed Observation of Construction:
The revised fee is based upon a cormtruction period of ! 50 days for Substantial Completion and 180
days for final completion. The revised fee is for pats-time inspections to be peffo.,'med as necessary
by both field inspectors and engineers. The revised fee is to be invoiced on an actual Time and
Materials basis. The ENGINEER will not complete daily inspection reports, but instead will only
complete weekly inspection reports. The ENGINEER will be compensated by the County for
inspection services that are beyond the 180 day final completion time.
Deliverables:
Weekly Inspection Reports
Progress Photos
Additional Services - Permits/Approvals:
ENGINEER will prepare and submit permit applications and will assist Collier County in obtaining
permits and approvals to construct the pump station on the identified site. Anticipated permits
include: Collier County, SDP Approval, Collier County Right--of-Way Permit, SFWMD Surface
Water Management Permit, and FDEP General Construction Permit. This fee includes
reimbursement for the cost of the appropriate number of copies of plans and specifications as
required to be submitted with permit applicat:'ons. The tee remains as billed on actual Time and
Materials basis.
Additional Services - SurveytEasements:
It is anticipated that the remaining surveying budget will be used to verify existing site conditions
and confirm location of utilities along Wiggins Pass Road.
Mohan Thampi, P.E.
Collier County OCPM
HMA File No. 1990905 I
July 13, 1998
Page 7
Additional Services - O&M Manual:
This budget has been re. duc~d to zero to reflect that no work is requested of the ENGINEER in
regard to preparing an O&M Manual.
Additional Services - Subsurface Investigation:
The remaining budget is anticipated to be used to perform on-site soil boring to develop foundation
recommendations for the proposed building.
Compensation:
The following table identifies the changes in compensation from that which remains under the
current purchase order.
Current Balance Proposed Increase Revised Balance
A2. Design Repo~ $0 52,000 52,000
A3. Preliminary Design 15.500 27,500 43,000
A4. Final Design 7,000 13.000 20,000
AS. Bid Services 5,000 0 5,000
A6. Construction Contract Administration 29.500 4.000 33,500
A7. Detailed Observation of Consu'uction 31,000 0 31,000
Permits/Approvals 5.000 0 5,000
Survey/Easement 3.000 0 3,000
O&M Manual 2,500 (2,500) 0
Subsurface Investigation 2.500 0 2,500
TOTAL S 101,000 $44.000 $145,000
Project Schedule:
Based on discussions during our meeting of July l 0th? the anached project schedule is suggested. 1
believe that this ~hedule incorporates the work effor:z to be performed by Collier County and others
which will impact the design of this project. The proposed schedule allows HM&A to begin detailed
design following completion of the hydraulic analysis and pump selection activities by Collier
County which are currently scheduled for completion near the end of August. We will attend up to
two meetings with Collier County prior to beginning detailed design in order to receive information
regarding the pump selection and design concept for this project. The proposed schedule should
allow design and bidding of the project to fit into the anticipated schedule for pre-purchase of
pumps, VFD's, controls, and telemetry system.
Mohan Thampi, P.E.
Golli~ County OCPM
HMA File No. 1990905 I
July 13, 199g
Page g
Thank you for this oppo~unity to serve Collier County.
V~-y ~uly yours,
Hole, Montes & Associates, Inc.
Ronald E. Benson, Jr., Ph.D., P.E.
Vice President, Director of Environmental Engineering
REB:nsl
Tim Clemons
COLLIER COUNTY
MASTER PUMP STATION 1.02
SCHEDULE
DA'I E ACTION
08/14/98 Draft Hydraulic Analysis Report submitted by others
08/21/98 HM&A reviews draft report and attends meeting with County
08/28/98 Final Hydraulic Analysis Report submitted by others
including pump selection and control logic
08/31/98 Begin procurement of pre-purchased equipment by others
08/31/98 HM&A receives final report and begins Design
09/28/98 Submit Conceptual (30%) Plans
10/05/98 Obtain County Review Comments
10/09/98 Submit SFW'MD Permit Application
11/09/98 Submit Preliminary (90%) Plans and Specifications
11/09/98 Submit FDEP Permit Application
11/16/98 Obtain Count)- Review Comments
11/17/98 Collier Count), awards contracts for pre-purchased equipment
11/30/98 Submit Final Plans and Specifications
11/30/98 Submit Collier Count)' Right of Way Permit Application
11/30/98 Submit Site Development Plan Application
11/30/98 County advertises Bidding of Construction Contract
01/04/98 Open Bids for Construction Contract
01/15/99 Obtain necessary permits
02/08/99 Award Construction Contract - Issue NTP
02/23/99 Delivery of pre-purchased equipment
06/21/99 Substantial Completion
07/21/99 Final Completion
A.2
A3
A.4
A.5
A.6
REVISED
SCHEDULE B - ATTACHMENT A
SCHEDULE OF FEES FOR BASIC SERVICES
Current
Budget
Design Report $5,000
Preliminary Design 30,500
Final Design 7,000
Bid Service. 5,000
Construction Contract
Admini,rlxation 29.500
TOTAL: S77,000
Revised
Budget
$7,000
58,000
20,000
5,000
33,500
$123,500
AU$ 0 ti
~... /3
REVISED
SCHEDULE B - ATTACHMENT B
Hole, Montes & Associates, Inc.
Professional Fee Schedule
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
Engineer
V (Principal) .......................................................................................... $
III ........................................................................................................... $
Tech IV .................................................................................................. $
Tech III ..................................................................................................
Engineer Tech II ....................................................................................................
Engineer Tech I ..................................................................................................... $
Contract Administrator (Principal) .......................................................................
Contract Administrator (P.E.) .................................................
Contract ^dministmtor .........................................................................................
Construction Field Representative III .....................................
Construction Field Representative II .................................................................... 5;
Construction Field Representative I ......................................................................
Senior Planner ......................................................................... ~ ............................. $
Planner IV
Planner III .............................................................................................................
Planner I ................................................................................................................ $
Surveyor V ............................................................................................................
Surceyor IV ........................................................................................................... 5;
Surveyor III ........................................................................................................... Ii;
Survey Tech IV ..................................................................................................... $
Survey Tech III
Survey Tech II ....................................................................................................... 5;
Survey Tech I ........................................................................................................ $
2 Man Survey Crew .............................................................................................. $
3 Man Survey Crew ..............................................................................................
Technician III ........................................................................................................ $
Technician II ........................................................ : ................................................
Technician I
125.00 per hour
I 10.00 per hour
99.00 per hour
80.00 per hour
69.00 per hour
58.00 per hour
60.00 per hour
55.00 per hour
50.00 per hour
40.00 per hour
95.00 per hour
75.00 per hour
55.00 per hour
55.00 per hour
45.00 per hour
35.00 per hour
95.00 per hour
90.00 per hour
70.00 per hour
45.00 per hour
80.00 per hour
65.00 per hour
55.00 per hour
55.00 per hour
50.00 per hour
45.00 per hour
40.00 per hour
85.00 per hour
98.00 per hour
38.00 per hour
30.00 per hour
25.00 per hour
Subcontractors ....................................................................................................... Cost
Out-Of-Pocket Expenses ....................................................................................... Cost
Mileage ................................................................................. :. .............................. 5; .30
Concrete Monuments ............................................................................................ $ 10.00
Permanent Reference Monuments ........................................................................ $ 10.00
This Fee ~ehedule is effective for one year from date of issuance.
per mile
each
each
REVISED
SCHEDULE B - ATTACHMENT C
CONSULTANT)S ESTIMATE OF ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
A.7
Detailed Observation
ADDITIONAL SERVICES
PermittdApprovals
Surveying/Easements 1.02
O&M Manuals
Subsurface Investigation
$~xucawaI Redesign
Mech~ieal Revision
Roof Redesign
Current Revised
Budget Budget
$31,000 $31,000
$21,100 $21,I00
16,500 16,500
2,500 0
2,500 2,500
10,000 I0,000
5,000 5,000
4,000 4.000
TOTAL: $92,600 $90,100
MASTER PUMP STATION 1.02
AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT
This AMENDMENT to the Agreement dated May 15, 1990 (hereinafter
'AGREEMENT") is made and entered into this ~ day of ,1998.
by and between the Board of County Commissioners for Collier County, Florida, a political
subdivision of the State of Flodda and ex-officio the governing board of the Collier County
Water-Sewer District (hereinafter referred to as the 'County" or "OWNER") and Hole,
Montes, & Associates, Inc. a Florida corporation, authorized to do business in the State
of Florida, whose business address is 715 Tenth Street South, Naples, FL 34102.
(hereinafter referred to as the "CONSULTANT").
WITNESSETH
WHEREAS, the OWNER and CONSULTANT have a valid professional engineering
service agreement for the provision of professional engineering services for the Master
Pump Station 1.02 project (hereinafter referred to as the "PROJECT"), said services
being more fully described in the said AGREEMENT; and
WHEREAS, OWNER and the CONSULTANT agree some modifications to the
basic services and additional services being contemplated under said AGREEMENT are
necessary in light of change in the design concept of the pump station; and
WHEREAS, the CONSULTANT represents that he has expertise in the type of
professional services that will be required for the completion of the PROJECT.
NOW, THEREFORE, in consideration of the mutual covenants and provisions
contained herein, the parties hereto agree as follows:
ARTICLE ONE
1.1. CONSULTANT shall provide to OWNER professional engineering services in all
phases of the PROJECT to which this AMENDMENT applies.
1.2. As a result in the change in pump station design concept affecting the original design
of the project, CONSULTANT shall provide professional services in addition to those
professional services outlined in the said AGREEMENT as noted in the revised
Schedule B, Attachments A, B, and C, as attached hereto. Additionally,
CONSULTANT'S compensation for basic services under the AGREEMENT shall be
adjusted as provided in Article Two of this AMENDMENT.
ARTICLE TWO
2.1 OWNER agrees to compensate CONSULTANT for services rendered hereunder as
prescribed in Schedule B, entitled "Basis of Compensation", as outlined in said
AGREEMENT with the modifications to Attachments A, B, and C to said AGREEMENT
which are attached hereto and made part hereof.
ARTICLE THREE
3.1 All articles in said AGREEMENT, as amended, shall remain in full force and effect,
and shall not be modified by this AMENDMENT.
IN WITNESS WHEREOF, the parties hereto have executed this AMENDMENT to the
Professional Services Agreement for Master Pump Station 1.02 the day and year first
written above.
ATTEST:
Dwight E. Brock, Clerk
BOARD OF COUNTY COMMISSIONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
AND AS EX-OFFICIO THE GOVERNING
BOARD OF THE COLLIER COUNTY WATER-
SEWER DISTRICT
Date:
Approved as to form and
legal sufficiency:
By:
Barbara B. Berry, Chairman
HOLE, MONTES, AND ASSOCIATES, INC.
By:
Rfonald E. Benson, Jr., Ph.D, P. ~'
Vice President
(CORPORATE SEAL)
A.2
A.3
A.4
A.5
A.6
REVISED
SCHEDULE B - ATTACHMENT A.
SCHEDULE OF FEF~ FOR BASIC SERVICES
Current Revised
Budget Budget
Design Report $5,000 $7,000
Preliminary Design 30,500 58,000
Final Design 7,000 20,000
Bid Sen'ice 5,000 5,000
Construction Contract
Administration 29.530 33.500
:
TOTAL: S77,000 $123,500
REVISED
SCHEDULE B - ATTACHMENT B
Hole, Montes & Associate.s, Inc.
Professional Fee Schedule
Engineer V (Principal) .......................................................................................... $125.00 per hour
Engineer V ............................................................................................................ $110.00 per hour
Engineer IV ........................................................................................................... $ 99.00 per hour
Engineer III ........................................................................................................... $ 80.00 per hour
Engineer II ............................................................................................................ $ 69.00 per hour
Engineer I .............................................................................................................. $ 58.00 per hour
Engineer Tech IV .................................................................................................. $ 60.00 per hour
EngineerTech III .................................................................................................. $ 55.00 per hour
Engineer Tech II .................................................................................................... $ 50.00 per hour
Engineer Tech I ..................................................................................................... $ 40.00 per hour
Contract Administrator (Principal) ...................................................................... $ 95.00 per hour
Contract Administrator (P.E.) ............................................................................... $ 75.00 per hour
Contract Administrator ......................................................................................... $ 55.00 per hour
Conswuction Field Representative III ................................................................... $ 55.00 per hour
Construction Field Represenuative II .................................................................... S 45.00 per hour
Construction Field Representative I ...................................................................... S 35.00 per hour
Senior Planner ....................................................................................................... $ 95.00 per hour
Planner IV ............................................................................................................. $ 90.00 per hour
Planner III ............................................................................................................. $ 70.00 per hour
Planner I ................................................................................................................ $ 45.00 per hour
Sur~'eyor V ............................................................................................................ S 80.00 per hour
Sur?eyor IV ............. i ............................................................................................. $ 65.00 pc? hour
Surveyor III ........................................................................................................... $ 55.00 per hour
Survey Tech IV ..................................................................................................... $ 55.00 per hour
Survey Tech III ..................................................................................................... $ 50.00 per hour
Survey Tech II ....................................................................................................... $ 45.00 per hour
Survey Tech I ........................................................................................................ $ 40.00 per hour
2 Man Survey Crew .............................................................................................. $ 85.00 per hour
3 Man Survey Crew .............................................................................................. $ 98.00 per hour
Technician III ........................................................................................................ $ 38.00 per hour
Technician II ......................................................................................................... $ 30.00 per hour
Technician I .......................................................................................................... $ 25.00 per hour
Subcontractors ....................................................................................................... Cost
Out-Of-Pocket Expenses ............................................................................... ~ ....... Cost
Mileage ................................................................................................................. $ .30 per mile
Concrete Monuments ............................................................................................ $ 10.00 each
Permanent Reference Monuments ........................................................................ $ 10.00
This Fee Schedule is effecthre for one year from date of issuance.
REVISED
SCHEDULE B - ATTACHMENT C
CONSULTANT'S ESTIMATE OF ADDITIONAL SERVICES
(INCLUDING DETAILED OBSERVATION OF CONSTRUCTION)
A.7
Detailed Observation
ADDITIONAL SERVICES
Current Revised
Budget Budget
$31,000 $31,000
Permits/Approvals S2 I, 100
Surveying/Easements 1.02 16,500
O&M Manuals 2,500
Subsurface Investigation 2,500
Structm'al Redesign 10,000
Mechanical Revision 5,000
Roof Redesign 4.000
$21,100
16,500
0
2,500
I0,000
5,000.
4,000
TOTAL: S92,600 $90,100
EXECUTIVE SUMMARY
FAqTER l~WfO AN EASEMENT AGREEMENT FOR. THE ACQUISITION OF EASEMENTS
KNOWN AS PARCELS 147 AND 847 FOR. THE LIVINGSTON ROAD FOUR LANING
IMPROVEMENT PROJECT.
OBJECTIVE: To ae, quh-e easements necessa.qt for the construction of the proposed Livingston Road
from Radio Road to just north of Golden Gate Parkway.
CONSIDERATION: On February 3, 1998, the Board of County Commissioners adopted Resolution
No. 98-29 axRhori~ing the ~tuisition of by gift, purchase or condemnation of those easements and fee
pareel~ required for Livingston Road Project ~50061 from Radio Road to just north of Golden Gate
Parkway. Mr. A..L Viggimai owns property at the northeast comer of Golden Gate Parkway and
existing Livingston Road. In order to construct the proposed improvements, easements must be
acquir~ along the southern md western boundaries of Mr. Viggiani's property. Located within the
easements, on the southwest corner ofthe property, is the entrance signage, landscaping and lighting
for the community of Wyndemere.
The County's real estate appraiser valued the easements (land) using the comparable sales approach.
The improvements, however, were valued through the use ora national construction cost publication,
"Marga~ Valuation Service." The County's total compensation estimate was $71,750.
TI~ Property Owner then hired an appraiser from the Board approved list of eminent domain real
e~tate ~m'aisers. The Owner's appraiser used much the same comparable sales information (as the
County's appraiser) in arriving at his estimate of land (easement) value. The owner's appraiser,
however, hired a local general contractor to provide him with an estimate of the replacement cost of
the hcqxovements. The primary difference between the two compensation estix~tes is the depreciated
replw, z~ent cost of the rather unique improvements located on Mr. Viggiani's property.
While Mr. Viggiani's appmis~ estimated full compensation at $111,000, Mr. Viggiani has made a
eotmter-offer to the County, through the execution of an Easement Agreement in the amount of
$105,000 (which ineh~des reimbursement for the professional service fees he has incun-ed). The
Cotmty's Review Aprnaiser has reviewed Mr. Viggiani's appraisal report, consulted with his appraiser,
~ eonot~ that a local c. on~,.clor's estimate provides a more reliable estimate of compensation for the
inxpmvements. Int~gly, there would have been an even wider divergence between the appraisals,
l:md the local contrac~r ~ the same percentage of depreciation as the County's appraiser. The
contta~or depreciated the improvements by a factor of 50% vs. only 25% by the County's appraiser.
Executive Summary - ~ianl
Page 2
All appraisals are reviewed by ~tff for compliance with the Uniform Standards of Professional
Appramal Practice (USPAP), and to ensure that there ~'e no glaring omissions or mis,statements of fact.
Both the County's appraisal and Mr. Viggiani's appraisal were found to be in compliance with
USPAP. The only basic difference between the values rel~rted in the appraisals was the improvement
valuation. Custom development signage, mounted on combination concrete block wall / steel rail
~mem~ may not be as acetmmely valued through the use of a catalogue costing publication as it is by a
F,~ contractor's ~ inspection, but it is less expensive than paying for the contractor's time to
l)mvide the cost estimate.
Since Mr. Viggiani's appraiser is on the pr~qualified list of eminent domain appraisers approved by
the Board of County ~i,~,ioners; and since his at:q~rai~'s methodology is the same as that used
whe~ employed on Collier County projects (e.g., Airport Road, Golden Gate Paxkway); and since by
~ into aa Easement ;~greemem with the CouraT, and avoiding condemnation, thc County is
~ the expenses assoei~ with attorneys ~ expert witnesses (for both County and owner), which
em often ~maount to far more than the difference between our appraisal and Mr. Viggiani's appraisal, it
is ~fff'~ opinion that the Board should favorably considex the following recommendation.
The Off,ce of the County Attorney and staff of the office of Capital Projects Management have
re'viewed a~l at,proved the attached Easement Agreement.
FISCAL IMPACT: The total ~ttlement cost in the amount of $105,000 is available from:
Fund 333
Cost Center 163650 -
Road Impact Fees (District #2)
Road Impact Construction
Livingston Road ?¥oject
GROWTH MANAGEMEN'I' IMPACT: As a Capital Improvement Element project, the
recommendation is e, onaistem with the County's Growth Management Plan for CIE #53.
RECO~AT/ON: Tha~ the Board of County Commissioners:
1) apFov¢ the recea~nended adminiftrafive settlement in the amount of $105,000;
2) authorize the 'Chairman to execute the attached Easement Agreement;
4) autlmrize staffto prepare related vouchers and Warrants for. payment; and
5) amtlmfize staff'to proceed with related real estat~ closflag transport mad to record with the Clerk of
Court all appropt~e documents in the Public Records of Collier County.
Summary - Livin~ Rd/Viggiani
W'flma Ivtwson, Senior Property Specialist
Real Prope~ Management Department
Rolxxt W'flqt, l~6j~ct Manag~
Richard Hdlriegel, Interim Director
Office of Capital Projec~ Management
PubUc Wcdcs Division
DATE
DATE
IrROJ'ECT: Livingston Road
PARCEL: 147, 8a7
EASEMENT, AGREEMENT
TH'IS EASEMENT AGREEMENT {ht'~na~...~ referred to as the "Agreement") is made and
emered by ~d bexween A. J. Viggimi, (hereinafter referred to as the ~O~er"), ~ COLLIER
COUNTY, a ~litical subdivision of the State of Florida, its successors and assigns (herein~er
tderted to as the
WKEI~AS, the Pm'c~ requi~ an Easement over, under, upon znd across the lands
&e~:n'bed in Ex~u'bit "A", wlfich is attached hero and made a pa~ of tl~s Ag~ement, for road right-of-
w~y, ~ draLnage, utility ~ rna~e purpose~: azxl
WH~R.EA& the Ptu-cb~ser rrx:luLT~ an ,~,emem over, under, upon an~ across the Lands
dm:~'n'b~ in ~.l'u'bit "B", which is attached hereto and made a part of ~ds Agreement, for slope,
dr~nage, tnility, a~d maintenance purpose;
WH~, the prope~y described in £x.h~bit "A", and £x. bibit "B" shall hereL:~a~er collectively
be referr~ m as t~e 'Tropen'y"; and
WH~R.F. AS, the Owner desires to conv~ the Easements to the Pu~chase~ for the stated purposes,
on the terms and condifion~ set forth herein; and
~S, the Purcb,~ser will allow both e~isting driveways to remain on t~s property;
WI-~, the Purcl~aser will construct the Livingston Road Project according to the revised
~ 30 of 87 of the constr~.~on pla~t$ for Livings'ton Road (C.R. 881), which allows a U-turn at
medim opening unc~ cun'ent trmspor~on traffic operation guidelines;
WHEIa,£A.S, ~e Ownc~ will be allc~ved to connect to the potable w~ter utility facilities, when
they become available; ~
~AS, the Pu~ha.~'~ b.~ agreed to compensate the Owner for the grmting of the
NOW THT_R~FOR~, in consider~ion of these premises, the sum of Ten Dollars ($10.00), and
~ 8ood ~ valuable consideration, the receipt and sufficiency of which ~ heTeby mutually
ackm~wledged, it is agreed by and between the par~ies as follow~:
1. Own~ shall ~rmt to Purchase~ Easements over, under, ~ and across the Property in
exchange for ~ sum of~ as full payment for the Property interest taken md for removal
destm~on of landscapinB, ~ slu'ubs, improvements and fixmre~, ~ for any cL~mages resulting to
t~e n.-~mtinder, if less ~mn the entire property was taken, ~ for all ot~' damage~ in connection with
2. Putcha.r,~ shall pay Owner for above referenced co~ by County Wau'ranL
3. Both Owner ~ Purchas. er agn:e fi~ time is o£the ~ in ~gazd to the closing and that,
~fore, said closing t,~ll oc. cm' within sixty (60) days of the execution of the Agreement by
Perehaser. At closing, !~:,,:b. aser sl'~l! delive~ the County Warraa! to Owner and Owner sh~ll deliver
~a ~;'~sernent to Purchaser in a form acceptable to Purchzser.
4. Prior to the closing, Owner s,hall coopesa~ and assist in obtaining 5om the holders of any and
all liens, encumbrance, exceptions, or qualifications in and to the Propen'y, the executio~ of such
im;tnm~ent~ that will, upon their recording in the PubLic Reccnds of Collier County, Florida, clear any
~d ~I1 encumbranc~ from the Property. Such instruments ~all be provided to Pm'chaser on or before
the ~e of closing.
5. Convey~.e of the Easements, or any intex~s~ in the ~, by ~e Owne~ is contingent
upoa no other provisions, conditions, or premises other than those so s~a~ed above; a~l the written
mg~.eement, including all exhibits attached hereto, shall com'titme the entire agreement and
O q i §S
u~derstanding of fl~¢ pa~ies, and there are no other prior or contemporaneous writ~c.n or oral
ag~*ment~, undertaldng~, promise~, warranties, or coveranu not contzined hert~
6. Ch,~er is aware and undetstar~ that the "offer' to pu~cha~ represented by this Agreement is
~bject to acceptance and ~:~pmval by the Board of County Commi~iouers of Collier County, Florida.
7. Owner repre~nt~ ~ ~e ~ ~ all ~ of ~e ~ ~ve ~ ~ ~flY ~
in e. or~liance wi~ all Federal, 5t~e md Local environmental law~; ~ no I~.z~do,,~ ~bst~c~ I~ve '~l
been generaled, ~ored, lre~t~l or tr-~fetred on the Property excep! a~ ~pecifically did:lo,ed lo the
Co~, fha! ~e ~ ha~ no knowledge of lay ~pill or environmentzJ l~w viola[on on ~y property
contiguo~ lo or in tJ~e vicinity of~e Prc~x~ Io be ~old Io l~e Co~mty, tl~ t~e ~elJer ~ no~ received
~x~ce md otherwise !~ no knowledge of a) ~ny ~ill on ~e Prvp~ .'7, b) any exi~ing or thre~ened
ellvil~mme~t~! lien agJ~'l t~e Property or c) my
ge~r~ion, ~ora~e, trealmenl, ~[ll or m~-~£et of ~-~rdo~ ~bs~anc~ on the Propemy. TI~ pmv~;ion
~ ~rvive clo~i~ and i~ no! deemed ~afi~fied by com, eymce
8. Owner heretxy agre~ ~ it r~all indem~f¥, defend, ~av¢ and hold l~mm~le~ t~e County
ag~hm ~nd Bom, ~! Io reimburse lhe Comty wit~ reg~c~ Io, my and ~J1 damage~, cl~m~, li~bilkie~
~ ~ ~,d expenm~ (including w~t.hou~ l~-~italion re~onable p~ale~l and am)racy fee~ and
~ whe~er in c~urk ou~ of coup, in bmlcr'~t~'y or ~lmL~i~ve
pet~kie~ or fine~ incm'red by or a.~-~ed agains~ l~e County by re,on or ~-ising ou~ of ~ lm~ch of
o~rm'~ representation under Semion 7. Thi~ p~vi~on ~hall ~rvive clos~g and i~ not deemed
~ti~fi~l by conveyance of title.
9. ~ Pu~¢h,x.~r ~ha]l pay for ~11 coz~ of recording t~¢ ea.~'menl~. All off, er co~ a.~ocia~ed
wit~ ~ trm.~actio~ including but no~ limi~xi to ~--~n.~fe~, doc~memary ~xl intangible ~xe~ and
recording co~t~ ['or my curative instrument~ ~l~ll be borne arxl p~id by Ow~e~.
10. Thi~ Agreemen! i~ governed a~d com'~rued in ~ccordance wi~ t.he hw~ of ~e $~e of
IN WITNESS ~OF, the pa~tie~ hertto h~ve executed this Easement Agreement on this
~day of ,19 .
Dst~d Project/Acquisition Approved by
BCC: 10/g/~6; Res. 96~57
AS TO PURCHASER:
DATED:
ATIT_,ST:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIOIVEI~S
COLLIER COUNTY, FLOP~DA
, l)eputy Clerk
BY:
B~t~a B. Berry,
AS TO OWNER:
~ N~e)
Apptoyed as to fm'm ~nd legal sufficiency:
He~' 1~. .T*~l~o~ Assislant County Atlomey
LEGAL
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAUl TRAIL NAPLES. FLORIDA 34112
(941) 774-8192
P~o~c~ .o, ~'~/
PROJECT PARCEL NO. I~ 7
TAX PARCEL NO. '~n~nn'~Annn?
DESCRIPTION ('NOT A SURVEY)
road rilht-of-way, etdewalk, u~ilitl0 drainage & maintenance easement
~MENC3NG AT ~ POINT C~ INTERSECTION O~ THE CENTERLINE Oe' G~LDEN
GATE PARKWAY AND ThE ~ RlOl-rr OF WAY LINE CRc LIVINGSTON ROAD,SAID
POINT OF ~MENC~MENT ALSO BEING ThE SCRJ'f'r[W'EST CORNER OF TRACT 7, OF
THE PLAT THEREC~ GOL. DLrN GATE ESTATES uNrr NO. 29 AS RECORDED fN Pl.,AT
~ 7 PAGE 57 OF THE PtJEUC RECO~,DS OF COLLIER COUNTY, Iq.,ORJDA
THENCE NORTH 0 DEGREES 22 MINUTES 13 SECONDS WEST. A DISTANCE OF
/'Ir~ i TO THE POINT OF BEGINNING; THENCE ~,'¢I~NG NORTH ALONG SAID
LINE AND THE ~ RJGHT OF WAY LINE OF LIVINGSTON ROAD, A DISTANCE OF
391.1! FEET; THENCE NORTH 0 DEGREES 16 MINUTES 01 SECOND WEST, A
DISTANCE OF 231.$9 FEET'- THENCE LEAVING SAID EAST RIGET OF WAY LINE
NO~CTN 19 DEGREES 30 MINUTES II SECONDS EAST, A DISTANCE OF 20.00 FEET;
THENCE SOUTN 0 DEGREES 16 MINIJTES 01 SECOND EAST, A DISTANCE OF 238.86
fe~ i; THENCE SOUTH 0 DEGREES 22 MINUTES 13 SECOWDS EAST, A DISTANCE Of'
321.14 FEET; THE3qCE SOUTH 45 DEGREE~ 25 MINUTES 58 SECONDS EAST, A
DISTANCE OF 63.5'/FEET; TI-~ENCE NORTH 89 DEGREES 30 MINLrTES I$ SECONDS
EAST, A DISTANCE OF 29~.31 FEET; THENCE SOLrT14 0 DEGREES 29 MINLrTE. S 42
SECONDS EAST, A DISTANCE OF 25.00 fP. Jr.l TO THE NORTt! RIGI. fT OF WAY LINE
O~' ~ GATE PARKWAY; THENCE SCR.rT~ 89 DEGREES 30 MINtJTES Il
~ ALONG SAID NORTH RIG'14T OF WAY' LINE, A DISTANCE OF 360.43 FEET TO
TI'rE POINT Oe' BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.~)8 ACRE
(22,123 SQUARE fEET), MORE OR LESS.
BASIS OF nEARr~GS IS'n~ NORTH mgm' OF WAY UNE OF GOLDL~ GATE ·
PARKWAY BEIN~ SOUTH 19 DE~ 30 MINUTES I 8 SECONDS WEST.
PAR~ 147
· ~X.'m....
GE~;~T~ E"' R. RICHMOND
~OFESSIONAL LAND SURVEYOR ~2405''.~ " ' '."
OFFICE OF' CN:~AL PROJECTS
COLUER COUN'~Y GOVERNMENT COMPLEX
3301
147
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAIvll TRAIL NAPLES. FLORIDA .34112
(941) 774-8192
SKETCH OF DESCRIPTION
N.89'30'18'1~. 6~
359.06'
O
Z
O
I---
P
PARCEL 147
TRACT 7
,'58"E.
65.57'
N.89',,~O'18'E.
s.8g'50'18"W.
295.38'
GOLDEN GATE PARKWAY
GENERAL NOTES 1) P.O.C. indicates Point o? Commencement
;~) P.O.B. tndlc~tes Point oF Beginning
3) Sec. indicates Section
4) Twp. Indicates Township
5) Rge. indicotes Ronge
6) R/W indlcCte.~ Right-oF-way
G) Bosls oF bearings is the No~th R/V line oF
Golden Gate P~tkw~y being S.89'30'i8'W.
9) Not v~tid unless signed and seated with ~he embossed
seal oF the pcoFessiona[ [and su~veyo~
THIS IS ONLY A SK~CH
SHEET 2 OF 2~,
AUG O 4 1S9
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 54112
(941) 774-8192
PROJECT NO,
PROJECT PARCEL NO.
T~< P,,CEt. ,0.
LEGAL DESCRIPTION (NOT A~
mlopa, draJ. nale, utlltty& maintenance'eaSement
~ENCING AT THE POINT OF INTERSECTION OF 'I'HE CENTERLINE OF GOLDEN
GATE PARKWAY AND THE EAST RIGHT OF WAY LINE OF LIVINGSTON ROAD; THENCE
NORTH 0 DEGREES 22 MINUTES 13 SECONDS WEST ALONG THE .EAST RIGHT OF
WAY LINE OF SAID LIVINGSTON ROAD, A DISTANCE OF 120.04 FEET; THENCE
LEAVING SAID EAST RIGHT OF WAY LINE NO~TH $9 DEGREES 37 MIt~FI'ES 47
SECONDS EAST, A DISTANCE OF 20.00 FEET TO THE POINT OF BEGINNING:
THENCE NO~TH O DEGREES 22 MINUTES 13 SECONDS WE. ST. A DISTANCE OF
321.14 FEET; THENCE NORTH 0 DEOREEX 16 MINUTE. SOl SEO3N1:} WEST, A
DISTANCE OF 231.~6 rr,~l; 'TIIENCE NORTH 19 DEGREES 30 MINLfTES I1 SECONDS
EAST. A DISTANCE OF 40.00 FEET; THENCE SOUTH 0 DEGREES 16 MINI. rTES 0 I
SECOND ~. A DISTANCE OF 231.81 FEET; THENCE SOUTH 0 DEGREES 22
MINUTES 13 SECONDS EAST. A DISTANCE OF 36 I. 19 FEET; THENCE NORTH 45
DEGREES 25 MI~ 51 SECOIqDS WEST. A DISTANCE OF ~6.51 FEET TO THE
POII~T OF BEGINNING; SAID DESCRIBED TRACT CONTAINING 0.533 ACRE (23.200
BASIS OF BEARINGS IS THE EAST RIGHT WAY LIN~ OF LIVINGSTON ROAD
BF-ING NORTH O DEGREES 22 MINU'TE~ 13 SECONDS WEST.
PARCEL 847
3301
OFFICE OF CAPITAL PROJECTS
EAST TAMIAMI TRAIL NAPLES, FLORIDA 34112
(941) 774-8192
84?.
O
O
F.=
-d
N.8g'37'47'W.-N
20.00' x
P.I
SKETCH OF DESCRIPTION
N.89'30'18'1~. ~
359.06'
847
TRACT 7
56.51'
360.54'
GOLDEN GATE PARKWAY
I
GENERAL NOTES 1) P.O.C. Indicates Point oF Comnencenent
2) P.D.B. Indicates Point oF Beginning
3) Sec. Indite, res Section
4) Twp. lndlcntes Township
5) Rge. indicates Range
6) R/W ~oqcotes Right-oF-way
7> All oqstonces are In Feet and decimals thereof
B) Basis oF beorlngs Is the East R/V line oF
Livingston Road being N.OO'22']3'W.
9) Not v~lld unless signed and sealed with the embossed
seal oF the professional rand surveyor
THIS IS ONLY A SKETCH
NDT Trl .I ]0-31-96
SCALE
PR-847
EXECUTIVE SUMMARY
APPROVE AMENDMENT NO. 4 TO THE PROFESSIONAL SERVICES
AGREEMENT WITH COASTAL ENGINEERING CONSULTANTS, INC., TO
PROVIDE PROFESSIONAL ENGINEERING AND SURVEYING SERVICES
NECESSARY IN PERFORMANCE OF ANNUAL MONITORING.
REQUIREMENTS FOR THE MARCO ISLAND BEACH RENOURISHMENT
PROJECT.
.~..~T~,[.~: To obtain approval of Amendment No. 4 to the Professional
Services Agreement with Coastal Engineering Consultants, Inc., relative to the
estimated annual cost for performance of services during the 1998/99 monitoring
period for the Marco Island Beach Renourishment Project.
CONSIDERATIONS: On September 6, 1994, the Board of County
Commissioners approved a Professional Services Agreement with Coastal
Engineering Consultants, Inc., to provide professional engineering and surveying
services necessary for the performance of annual monitoring requirements for the
Marco Island Beach Renourishment Project. Article Four and Schedule 'C" of
this Agreement provides that this contract is intended to be a "continuing
contract" as defined in Florida Statutes 287.055 (2) (g) with estimated annual
costs being subject to review and approval by the Board of County
Commissioners prior to services being rendered. The attached Amendment to this
Agreement has been prepared for the purpose of obtaining approval of the
estimated annual cost for services to be rendered during the 1998/99 monitoring
period. Such has been reviewed and approved by the Beach
Renourishment/Maintenance Committee and Tourist Development Council.
Cost: $100,850.00 to be obligated in the budget for FY 97/98
Fund: (195) Tourist Development (60%)
Cost Center: (110406) Beach Renourishment, Category A
Project Number: (80218) Marco Beach Maintenance.
Pursuant to approval of a TDC grant application and
associated budget amendment by the Board of County
Commissioners on August 4, 1998, funds in the amount of
$110,935.00 have been appropriated for this purpose.
RECOMMENDATIQNS: That the Board of County Commissioners approve
A~nendment No. 4 to the Professional Services Agreement with Coastal
Engineering Consultants, Inc., to provide professional engineering and surveying
services necessary to perform required monitoring services for the Marco Island
Beach Renourishment Project and authorize the Chairman to execute the
Amendment.
Executive Summary
Annual Monitoring Survey
Page 2
Harold E. Huber, Project Manager III
Office of Capital Projects Management
__.D ATE:
REVIEWED BY:
~DATE: ~ ~_~__~
Richard Hellriegcl, P.E.,
Interim Director
Office of Capital Projects Management
REVIEWED
Public Works Administrator
~Ic4,c~.Sum. AnnualMonitori~s
attachment
CC'
Coastal Engineering Consultants, Inc.
Beach Renourishment/Maintenance Committee
ADMENDM£NT NO. 4
MARCO ISLAND BEACll RENOURISIIMENT
PROFESSIONAl. SERVICI'L.~; ^GREEM ENT
THIS AGREEMENT is made and entered into this day of .
1998, by ~nd between the Board of County Commissioners for Collicr County, Florida, a
political subdivision of the State of Florida (hereinafter referred to as the "OWNER") and
Coas~ Engineering Consultants, Inc., a Florida corporation, authod~d to do business in
the State of Florida. whose business is 3106 South Horseshoe Drive. Naples, Florida 34104
(hereinafter roferred lo as the "CONSULTANT").
WITNESSETH:
WHEREAS, the OWNER desires to obtain the prof'essionai engineering and
surveying services'of the CONSULTANT concerning certain monitoring se~ces for the
Marco Island Beach Renourishment Project (hereinafter referred to as the ~'Projeef'), said
services being more fully dcscribed in Schcduie A of the original Professional Services
Agreement; and
WEEREAS, On September 6, 1994, the Board of County Commissioners approvext
· Professional Services Agreement with the CONSULTANT to perform annual monitoring
services for the Project: and
WHEREAS, the CONSULTANT has submitted a proposal for provision of those
services during the 1998/1999 monitoring period; and
WHEREAS, CONSULTANT represents that it has expertise in the type of
professional services that will be required for Ihe Project.
NOW THEREFORE, in consideration or the mutual covenants contained herein
and other good and valuable consideration; thc M~rco Island Beach Renourishment
Professional Services Agreement entered into on September 6, 1994 (hereinafter also
referred to as tt,e "Agreement") is hereby amended as follows:
1. S~edule B, Attachments B and C, is hereby amended and revised as set forth in
Exh~t "A" attached hereto. Said Exhibit "A" is the June 3, 1998, letter from Coastal
Engineering Consultants, Inc. to Project Manager llarry Hubcr re: "Proposal for
Professional Servicos, 1998 Marco Island Monitoring".
2. Article Five of the Agreement is hereby amended as follows: Compensation by
the OWNER for senaces rendered hereunder by CONSULTANT shall not exceed an
AUG 0
~ ~ of $100,~50.00 ~ Fr.&led in ~ 'A' ~ed he~eto without an
q~xi~e ~e o~d~r or amoxl~ ~o ~ A~'~.
3. Other ~ the changes/additions indicated in ~s Amendment, all provisions of
the orillJrssl cona~ ~re in full force ~nd eft'ea.
]:N ~ W]-I:F..R.EOF, the pa,'ties h~eto have executed this Jmcndment to the
A~reema~ tl~ d~' m~d ~ fu'st written ~)ove.
ATTEST
By..
Cl~'k
BOARD OF COUNTY CONfNflSSlONERS FOR
COLLIER COUNTY, FLORIDA, A POLITICAL
SUBDIVISION OF THE STATE OF FLORIDA
By:
Barbara B. Berry, Chairman
APl~ov~d ss to form ~d
lessl
~ Air,neY'- t~) -- Co~=~ ,Engineering Co, nsukams, Inc.
~&~esS J~\~,l~..~. ~ David E. Weston .. .
"X Vice President of Finance & Adrmmstrat~on
i~ '~~' (COI~ORAT~ SF. AL)
J ,% ..?...
COASTAL
ENGINEERING
CONSULTANTS
INC
Coostol Engineering
Civil Engineering
Survey
Enviromrnentot
Real Estote A!Dproisol
June 3, 1998
EXHIBIT "A"
Mr. Harry Huber, Project Manager
Collier County Oftic~ of Capital Projects ~t
3301 Tamiami Trail East
Naples, FL 34112
PROPOSAL FOR PROFESSIONAL SERVICF_~
1998 MARCO ISLAND MONITORING
CEC F'~ No. 98.286
Pm-suant to our Professional Services Agreement to provide annual monitoring services for the
Marco Island Beach Renourishment Project, CECI is pleased to present this revised Schedule B,
Attachment C for the 1998 Monitoring Report. Please note this proposal includes monitoring
eighty-nine (89) beach and offshore profile lines. The extent of the monitoring includes the
t990-1991 Beach Fill Restoration Areas, 1990-1991 Borrow Areas, Breakwaters, Emergent
Shoals in Big Marco, Capri, and Caxambas Pass, Sand Dollar Island, Kice Island, and the 1997
Caxambas Pass Dredge Cut/Borrow Area. Also note this proposal does not include Hideaway
Beach monitoring:
Schedule B - Attachment C
Consultant's Estimate of Additional Services
A.8 Post Construction Services
A.8. I Assist Owner Relative to Agency Required Permit Stipulations
A.8.1. I Aerial Photographs $10,200.00
A.8.1.2 Beach and Offshore Profiles $48,950.00
A.8.1.3 Shoal Maps $ 3,000.00
A.8.1.4 Monitoring Assessment $16,300.00
A.8.1.5 Report Preparation, Compilation and Printing $ 1,500.00
A.8.1.6 Administration $ 1,700.00
A.8.2 Provide Owner Authorized Additional Services
A.8.2.1
Design and Coordination of Maintenance Activities
3106 S. HORSESHOE DRIVE. NAPLES, FLORIDA 34104 · (941)643-2324 · FAX (941)
$19.200.00
AUG 0
Mr. Harry Huber
June :3,1998
Page 2
Our estimated annual cost for providing these services will be $100,850.00. Charges for these
services will be billed on a time and reimbursable cost basis, based on the approved Schedule B -
Attachment B, attached hereto, which is made a part of this agreement as if fully contained
herein.
Services beyond the ~ presented herein can be provided as Additional Services and shall be
authorized in writing by you.
We trust this proposal is restxmsive to your needs. If you have any questions, please contact our
office.
Sincerely,
COASTAL ]~NGII~IEERING CONSULTANTS, INC.
Michel T. Poff, P.E.
Coastal Division Manager
Cc: Frank Blanchard
Attachment: Fee Schedule
SCHEDULE B - ATTACHMENT B
~ONSULTAN'I~ EMPLOYEE HOURLY RATE SCBEDULB
Effective April 1, 1998
POSITION / TITLE
Appraiser, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Appraiser, Engineer, Environmental Specialist, Scienti~ Surve~j'or & Mapper
AppraL~'r, Engineer, Environmental Specialist, Scientist, Surveyor & Mapper
Apl~aiser, Engimer, Environmental Slx~cialist, Scientist, Surveyor & Mapper
Civil Engine~g, Coastal Engineering
Appraisal, Engineering, Environmental, Scientific, Survey & Mapping
Construc6on Observer
Administrative Assistant
Research Assistant
S~
Three Man Survey & Mapping Crew
Two Man Sur~ey & ~g Cr~w
120.00
90.00
80.00
70.00
60.00
55.OO
45.00
4O.OO
40.00
4O.OO
4O.OO
25.00
25.OO
100.00
90.00
I~IMBURSABL~ EXPENSES & EOUIPMENT RENTAL
EXPENSE & EOUIPMENT DESCRIPTION
Hydrographic IXJPS Survey Sysu:m
I Week Minimum Lease $
Single Frequency Depth Sounder $
Thermal Papex
E.D.M.
Microtide Recorder (I Month Minimum)
Manifold Recording Current Meter
Wizard Processing Software
Sm'vey Boat
Off-Road Vehicle (ATV) $
Photocopies
Blueprints
Mylar
Mileage
Rate/F~e
2,300 /week $ 7,500/month
150 /day $ 3,000/month
$ 20/roll
$ 120/day
$ 500/day
$ 2,000/month
$ I20/month
$ 250/day
50 /half day *min. $ 120/day
$ 0.10/sheet
$ 1.50/sheet
$ 8.00/sheet
$ 0.29/mile
~ will be provided on a monthly basis. Payments are due utx~n receipt of invoices. If written
notice of a question is not received within thirty days of invoice, such action will be construed as
zc.~*ptance of charge~ and ~,rvice as accurate and aCCeptable.
** l~imbm-s~ble Ex-smm~ will be billed at cost. Typical out of pocket expenses include: travel made on
beh~tlr of the client rel~ing to permitting, aerial reconnaissance and photographic expenses, and prints.
** ~ or Subcim~ffianl~ will be administered at cost plus 10%.
** Rat~ on this schedule at~ gnaran~ for one year from the date shown above.
** ~ fe~ will be negotiated on a case by case basis separately.
AUG 0 6
... Department of
Environmental Protection
Harjory S~onefnan Douglas Buildin~
3900 Commonwealth Bouleard
Ta~lahasset. Florida 3239%3000
July I:5, 1998
Virginia B. Wetherell
Secretary
Mr. Michael Poff, P.E.
nsineering Consultant , thc.
~ 106 S. Horseshoe Drive
Naples, Florida 33942
File Nurn~r: DBS 88-208 CO, Marco Island Beach Restoration
(Sth Annual Survey)
This is to r~mind you that hy~phic monitoring survey required as a Special Fermit
Condition of the ~bov~-r~'~nc~d permit will be due. Spe~-'ifically, be. ach and offshor~ profile
surveys dong the approved profile lines ar~ to be condu-.'ted in September 1998. The survey
dat~ should be submitted immediately following the data collection on floppy, disk in an ASCII
fornmt and stored according to the standards of DE1;' file sLcucture (format). The floppy disk
should dearly indicate the permit file number, the date, time and location of the survey on the
disk label as well as in the data file. Specific survey control information including monument
)ocation ~nates in Horida State Flane Cxxrrdirmtes, profile azimuth/bearings ~nd vertical
datum must be provided for all monitoring data. Aerial photography should be obtained at
the same ~ as the survey data, clearly labeled as to date and time and submitted together
with the survey data. Any other requirements associated with the monitorin$ conditions will
a!~o be:requit:ed at this time.
If you have any questions, please contact me at (850) 487-4469, extension 172.
Sincerely,
Lethie Lanham, Engineer I
Bureau of Beaches and Coastal Systems
/LL
Harry Huber, Collier County
Bob Brantly
Nlmn Nguyen
Permit Information Center
"Protect. Conserve and Manage Florida's £nwronment and Not, tral Resources"
,~r, med o~ ~ ~per.
gxE~ SUMMARY
APPROVE CRANGE ORDER NO. 1 TO KYLE CONSTRUCTION, INC. FOR THE
CITY / COUNTY WATER INTERCONNECT, PROSEC'r NO. 74008.
QB/E~: That the Board of County Commi~ioners, as Ex-Officio the Governing Board
of tho Collier County Water-Sewer District, approve Change Order No. 1 to add thrust blocks to
a relocated force main mad to reconcile quantities for the City / County Water Interconnect.
CONSIDERATION; At its meeting of May 5, 1998, the Board accepted a proposal from Kyle
Commaction, Inc. to construct the City / County Water Interconnect project.
Change Order No. 1 includes the addition of two thrust blocks on a force main that was relocated
in order to construct the City / County Water Interconnect. In addition, change Order No. 1
reconciles estimated bid quantities with the actual final quantities for the project.
Original Contract Amount:
This Change Order No.1 Amount:
Proposed Contract Amount:
53,434.91
!0.948.9!
64,383.82
Funds for this Change Order in the amount of $ 10,383.91 are available
Fund 412; County Water Capital Projects
Coat Center 273511; Combined Water Capital Projects
Project No. 70040; City / County Water Interconnect.
OROWTH bnj~NAGEM~NT IMPACT: None.
I~ECOMMENDATIONS; Staff recommends that the Board of County Commiv~ioners, as
Ex-O~cio the Governing Board of the Collier County Water-Sewer District, approve, and
axahofize the OCPM Interim Director to execute, Change Order No. 1 to Kyle Construction, Inc.
f~n the City / Coumy Water Interconnect
PREPARED BY:
REVIE~D BY:
Ronald F. Dillard, P.E., Project Manager
Office of Capital Projects Management
DATE:
Riehm'd J, Hellriegei, P.E., Interim IY. zector
Office of Capital Projects Manageraent
Executive Summery
Approve Chrome Order No. 1
Page 2
Paul E. ~tausch, Wa~ D~tor
DATE: 7//~/
REVIEWED
DATE:
Ed ~, Public Works Administrator
RFD:rfd
Attachment: Change Order No. 1
CHA~NGE ORDER
TO: Kyle Consm~on, Inc.
4227-A Arnold Avenue
Naples, Florida 34104
Project Name: City / County Water Interconnect
Purchase Order No.: 803644
Change Order No.: I
FROM: Collier County Government
3301 East Tamiami Trail, OCPM Bldg.
Naples, Florida 34112
Project No. 70040
Dated: May 19, 1998
Date: July 8, 1998
Change Order De~'ipfion: Add inline thrust blocks for force main relocation and reconcile
the e~'fimated bid quantities with the actual final quantifies for the project. These changes will
result in the following changes to the Pay Items:
Item Ouantitv (Than~e
1.
2. 6
10. 84
11. 20
12. 5.5
13. 0.9
16. 2
· .. Add Subtract ~ Descript. ign
17 LF 16"Dia. Class 51 D.I. Pipe
~nit. Total Chan~es
Price Plus Minus
$ 397.33 $ 6,754.61
LF 16" Dia. Class 50 D.I. FM 5; 388.30 $ 2,329.80
SF Sidewalk Replacement S 8.50 5; 714.00
LF Curb Replacement S 21.00 S
SY Pavement Replacement S 29.00 S
CY Concrete Slab S 300.00 S
EA Inline Thrust Blocks Sl,000.00 $ 2.000.00
420.00
159.50
270.00
SUBTOTALS:
+5; 11,798.41 -5; 849.50
For a net increase of S 10,948.91 in the Contract Price.
Original agreement amount ............................................................... $
Sum of previous change orders amount ............................................ $
This Change Order Amount [add] ..................................................... $
Revised Agreement Arnount ............................................................... $
53,434.91
0
10,948.91
64,383.82
Substantial
Original contract time in calendar days ..................................................
Adjusted number of calendar days due to previous change orders .........
This change order adjusted time is ..........................................................
Revised Contract Time in calendar days .................................................
Final
N/A
Original Notice to Prozeed date ..................................................
Completion date based on original contract time ........................
Revised completion date ..............................................................
N/A
Your acceptance of this change order shall constitute a modification to our Agreement and
will be performed subject to all the same terms and conditions as c6ntained in our Agreement
indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if
any, to this Agreement shall constitute a full and final settlement of any and all claims of the
Contractor arising out of, or related to, the change set forth herein, including claims for
impact and delay costs.
AUG O 1 B8
_ ?._.,: ..a
Change Order
Page 2
Prepared by: ~
Accepted by: ~PM
Abraham, President
Kyle Construction, Inc., Contractor
Date:
Project Manager
Date:
Approved by:
Authorized by:
Date:
/~rd J. Hellriegel, P.E, OCPM Interim Director
Paul ~ Mattau~h, Water Director
(For Use by Owner:. Fund: 412 Cost Center: 273511 Object Code: 763100 Project No.: 70040 )
G:kFonm\Change Order Master.doc Revised 02/03/98
KYLE CONSTRUCTION, INC.
4227-A ARNOLD AVE.
NAPLES, FLORIDA 34104
PROPOSAL
p.O. I}OX 41301&
~tI'~F.S, ~. 34101-3Ot6
PROJECT
ITEM DESCRIPTION QTY ~ UNIT PATE TOTAL
~I~JEC"I'. I}~Ft,~. '~IRHST/ll.OCK
2 fi~il.Zt~ T~D~US~ 131.OCKS ~~ ON 16'
~ ~ R~.~A~ON 2 F~ 1,~.~ 2,~.~
To~I ~.~
EXECUTIVE SUMMARY
APPROVE AN AGREEMENT TO EXTEND TEMPORARY CONSTRUCTION EASEMENT WITH
~OUTH FLORIDA WATE~ MANAGEMENT DISTRICT.
~ To approve Collier County granting an ~xtenston to a Temporary Constru~
Easement to South Florida Water Managernent District from May 1, 1999 to July 1, 2000.
CONSJDERATION: On Jammry 13, 1998, the Board approved a Temporary Construction Easement
to South Florida Water Manageme~ ~ for the Cocohatchee Canal Improvement. Project. The
Easement will expire on May 1, 1999.
Unforseen events have cat.w~ed the construction to be delayed. In order for South Florida Water
~nt District to meet the construct~n contracting needs, an extension is requested.
Staff has reviewed the subject project and has no objections to granting the extension for the
Temporary Cortstruction EasemenL Staff from the County Attorney's Office, the Office of Capital
Prc, jects and Public Works Division have reviewed and approved the attached Agreement to Extend
Temporary Constructk~ ~nL
FISCAL IMPACT: Staff estimates that the total cost of recording the Easement will not exceed
$~3.00. Funds am avattable in the General Fund (001), Stormwater Management Administraaon
(172.910) budgeL All recording costs will be reimbursed by South Florida Water Management
.{~L'OWTH MANAGEMENT IMPACT: None.
RECOMMENDATION:
1. That lyre Board c~f Courrty Commissioners approve the attached Agreement to Extend Temporary
C.~13'uclJon Ea<.~ement v,~ South Florida Water Management District;
2. ~e the Chairman to execute the atta~ Agreement to Extend Temporary Constn,,ctJon
3. Authorize Staff to record the Agreement to Extend Temporary Construction Easement in the Public
Records o~ Collier County, Florida. %
AUG O q 1S98
Ed Ilschner, Administrator
Pubr~c Works Division
AU~ 0 ~
LAN 06
Return to:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
P.O. Box 24680
West Palm Beach, FL 33416-4680
This instrument prepared by:
South Flork~ Water Management District
330t Gun Club Road, P. O. Box 24680
West Palm Beach, FL 33416-4680
R-ojec~ Big Cypress Basin Cocohatchee Canal
Tract No.: 100.143
AGREEMENT TO EXTEND TEMPORARY CONSTRUCTION EASEMENT
THIS INDENTURE made this day of , 19 , between
COl ~_ ~=R COUNTY, a porll~.al subdivision of the State of Florida, whose mailing address is
3301 East Tamiami Trail, Naples, ~ ~, Florida 34112, hereinafter referred to a~
Grantor, and SOUTH FLORIDA WATEE MANAGEMENT DISTRICT, a public corporation of
· e State of Florida, wt~ its principal office at 3301 Gun Club Road, West Palm Beach, Florida
33406, and whose mailing address is Post Office Box 24680, West Palm Beach, Flof~la
33416-4880, Palm Beach County, hereinafter referred to as Grantee.
WITNESSETH:
WHEREAS, Grantor granted and conveyed to Grantee that certain Temporary
Censtruclio~ Easement (Ihe 'Eas~, dated January 13, 1998, recorded in ~
Records Book 2380 at page 1301 in the Official Records of Collier County, Florida,
er~xnbe~g Ihat certain real property legally described in Exhibit 'A' attached hereto and
made a pa~ MmV, and
WHEREAS, Grantee and Grantor desire to extend the termination date of ~
Easement from May 1, 1999 to July 1, 2000.
NOW, THEREFORE, for and in cm~sideration of the foregoing and other good and
valuable consideration, the undersigned hereby agree as follows:
1. The term of'a3e Easement shall expire at 11:59 p.m., July 1, 20(X).
2. The Easement, as herein modified, shall continue in full force and effect
through and until the expiration date set forth in Paragraph 1 above.
Page 1 of 4
IN WITNESS WHEREOF, the pm'ties hereto have caused these presents to be executed in their
tmme~ on the day and year f~t above written.
DEWIGHT E. BROCK, Clerk
By:
BOARD OF COUNTY COMM/SSIONERS
OF COLLIER. COUNTY, FLORIDA
Barbara B. Berry, Chairman
A~m~l ~ to legal
form at~d ~n~eieney
AUG O 4 '~' °
SOUTH FLORIDA WATER MANAGEMENT
DISTRICT, BY ITS GOVERNING BOARD
(Corporate Seal)
By:
Frank Williamson, Jr., Chairman
ATTEST:
STATE OF FLORIDA )
)
COUNTY OF PALM BEACH )
The foregoing instrument was acknowledged before me this day of
1998 by Frank Wilrmmson, Jr. and ,,
Chairman and Assis~nt Secretary, respectively, cf the Governing Board of the South Florida
Water Management Dlst~,.-t, a public corporation of the State of Florida, on behalf thereof,
who am personally Imown to me.
Notary Public
Print
My Commission Expires:,
Form Approved ~:.
Page 3 of 4
Exhibit "A"
Tract No. 01-100-143
A parcel of land in Section 24, Township 48 South, Range 25 East, Collicr County, Florida,
being a part of land reo:nded in Official Records Book 1141, Pagc 1032, Book 1520, Page 6I
and Book 1563, Page I971 of the Public Records of Collicr County, Florida, and being mort:
~larly described ~ follows:
Tl~ West 375 fc~ of tl~ East 510 fc~ of th~ Ea~ one-half of the Southeast one-quarter of thc
Southeast one-quarte~ ('E '/~, SE ¼, SE 'A) of said Section 24, LESS the South 160 feet.
Coring 9.98 acr~, mom or le~s.
Acreage c~c~t~ without bcm~fit ~f survey.
R~vised: AuL, vst 12, 1997
EXE SUMMARY
APPROVE AMENDMENT TO APPRAISAL AGREEMENT wrrH REAL PROPEKTY
ANALYSTS, INC., FOP, VALUATION OF RIGHT-OF-WAY FOR THE RADIO ROAD FOUR
LAN~ IMPROVEMENT PROIE. L-'r.
D,]k]~(~: To obtain the Board of County Commissioners approval of an amendment to the Radio
Road Phase II Appraisal Agr, em.
CONgIDI~RATION: On April 21, 1998, the Board adopted Resolution 98-105 authorizan' g acquisition
of the subject right-of-way by girl, purchase or condemnation. On Junc 9, 1998 the Board approved thc
Radio Road Phase Il Aplmfisal AgreemeaL S/ncc that time it has been determined that an appraisal will
be reqnked for ?nrcel 142 (Malimnore Corp.)
Mo~t of the right-of-way neceaaaty to construct thia four-lane segment of wadway has already been
acquired through PUD developer commitmeat~. Om'em roadway design calls for relocating th~
connection between Davis Boulevard and Radio Road further to the wes',. To accomplish this, it is
n~a~ary to acquire add~'onal right-of-way.
IrlSCAL IMPACT: Ia addition to the $7,500 prvviously autho~ thc initial appraisal f~ for Parcel
142 will be $1,950. Sho. M ~ondemn~on b¢ ncc,:aSary to ~ th~ requh'ed easements, an update of
each appraia~ and th~ ~a'vic~ of the appraiaer ~$ an eaqaert witness at an OMer of Taking hearing, will
be required. In addition, file appraiser's servie.~ may be reqMred for review of claims a.nsea'ted by the
Excluding a:ry aplzaraz~ at trial, it is estim~_nt that the total ea~aenditurea under the terms of the
Ammded Agreement will not exceed $11,000 ($7,500 plus a total of $3,500 att-ib~_~oble to Parcel 142.)
Fund No. 333
Co~t Center No. 163650
Proj~x~ No. 65031
(Road t ..npa~t Fees - District 3)
(Road Lmpact Fee Construction)
G~ROV,~II~ MANAG~._/~RNT IMPAq: As a Capital Improvement Element project, the
m~m~ae~ion is ~ with the Cotmty's Growth Management Plan for C~//16.
RKC~~ATION: TI~ t~e Board of County Commi~'oners aulhorize its chaimmn to execute
t~e ~lzehecl Ameadment to Pu~dio Road Phase II Appraisal Agreement on behalf of the Board.
PREPARED BY: DATE:
/"Real Property i¢~anagcmc~t Dc~rancnt
.~ of C. zpit~Projects Mmxagement
~ of~ Projects ~ent
Public Wodes Division
DATE:
AU6 0 1 98
AMENDMENT TO RADIO ROAD PHASE II
APPRAISAL AGREEMENT
THIS AMENDMENT TO RADIO ROAD PHASE II APPRAISAL AGREEMENT (hereinafter
referred to as the 'Amendment") entered into this ~ day of ,1998, is by
and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida
(hereinafter referred to as "County"), whose mailing address is 3301 Tamiami Trail East, Naples.
Florida 34112, and REAL PROPERTY ANALYSTS, INC., Inc., a Florida corporation,
(hereinafter referred to as "Appraiser"), whose mailing address is 1000 South Federal Highway,
Suite 202, Deerfield Beach, Florida 33310.
WHEREAS, since the date of the original Radio Road Phase II Appraisal Agreement between
Collier County and Real Property Analysts, Inc., dated May 1, 1998 (hereinafter referred to as
the 'Agreement"), it has been determined that additional parcels should be appraised; and
VVHEREAS, under the provisions of Paragraphs 1, 5 and 6, of the Agreement, said Agreement
may be amended to add parcels to the Appraiser's assignment; the County may change the
scope of work of the appraisal assignment; and the fees and due dates for delivery of appraisal
reports to the county may be amended.
NOW, THEREFORE, in consideration of the above recitals, and the mutual promises contained
in the Agreement, County and Appraiser hereby amend said Agreement as follows:
Due to the addition of appraisal assignment(s) by County, Exhibit 'A" to the odginal Appraisal
Agreement (setting forth the parcels to be appraised, the fees for delivery of the appraisal
reports, and the due dates therefor) is replaced in its entirety by Exhibit 'A2" attached to this
Amendment, and made a part hereof by reference.
Page 2
2. NI other provisions of said Agreement are ~11 in full force and effect.
IN WITNESS WHEREOF,
authorized representatives.
the parties have hereunto affixed their signatures by their duly
AS TO COUNTY:
ATTEST:
DWIGHT E. BROCK, Clerk
By:.
Deputy Clerk
COLLIER COUNTY, FLORIDA, a political
.~ubdivision of the State of Florida
By:.
Barbara B. Berry, Chairman
AS TO APPRAISER:
Real Property Analysts, Inc., a Florida
corporation
Donald T. Sutte, President
Approved as to form
and Ii.iai suflicie.ncy:
Heidi F. Ashton -
AUG 0 61 gS
EXHIBIT "A2'
APPRAISAL FEES AND REPORT DUE DATES
PARCEL NOS.
APPRAISAL FEE
DELIVERY DAYS *
142
$1,950 30
144
$1,950 30
145
$1,950 30
Delivery Days = n days from Notice to Proceed
Fees include Appraiser's subcontractors and sub-consultants.
EXECUTIVE SUMMARY_
APPROVE RENEWAL OF ANNUAL CONTRACT 95-2388
TERM PROFESSIONAL MATERIAL TESTING SERVICES.
FOR FIXED
.':,~ ',f' ~: To approve renewal of annual Contract 95-2398 for Fixed
: .. Tm-m Agreement to three Professional Material Testing Firms.
CONSIDERATIONS_: Professional Material Testing services using Annual
Contract 95-2388 were approved on Seplember 19, I995, Agenda Item I6(B)
(5), for termination on September 19, 1998 for the following firms:
project budgets.
Ardaman and Associates
Law Engineering, Inc.
Universal Engineering Sciences, Inc.
The performance of these three firgas during the last three years has been
satisfactory. They have agreed in writing to the rcnewal of the contract under
the same or/ginal terms and conditions of thc existing contract.
~'~"~: Funding for work orders for Material Testing services
under RFP 95-21388 shall be provided by the user Division's or Department's
~ROWTH MANAGEMENT IMPACT: These Agreements m,~y be used in
compliance with the Growth Management Plan.
RECOMMENDATION_: That the Board of County 'Commissioners approve
'the renewal ct' Annual Contract 95-2388 for Fixed Term Agreements for
Material Testing Services, with Ardaman and Associates, Law Engineering,
Inc., and Universal ]iagineering Sciences, Inc. with the same terms and
conditions as the original Contract, for one additional year, until September
18, 1999.
Executive Summary
Pixed Term Material Testing Services
Page 2
Sa~.v _. Adarmes Minor, P.E., Senior Project Manager
Office of Capital Projects Management
REVIEWED BY:
Rich Hellriegel, P.E., Interim Director
Office of Capital Projects Management
REVIEWED BY: -~'~zl.~c~/~,'_i~t~L.~ ~o4
Steve Carnell, Direct{~'r
Purchasing Department
REVIEWED BY~
Ed Ilscli:
ncr, Administrator
Public Works Division
Attachment: Letters to Firms Accepting Renewal of Contract
COLT,TER COUNTY GOYER NT
SUPPORT SERVICES DIVISION
Purch~ing Depa~t.~nt
3301 TAMIAMI TRAIL EAST
NAPLES, FL 34112
(941) 774-8425
A CERTI1;IED BLUE CHIP COM~IUNITY
Received PUrot~a~tn~
,June 24, lg98
JUL 0 9 1995
Law Englneedng, Inc.
3C27 Progress Avenue
Naples, Rorida 34104
Attention: Ms. Jo C. Tucker, P.E., Chief EngineedOperations Manager
RE: Contract #95-2388 - "Material Testing Services"
Dear Ms. Tucker:.
Collier County has been under Contract with your company for the referenced service
for the past year.
The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreemenL The renewal is desired under the same terms
and conditions of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
This COntract has multiple vendors, if all vendors agree to renew, the contract will be
renewed wfth no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you am agreeable to renewing the referenced contract, please indicate
intentions by providing the appropriate information as requested below:
v"'"/ I am agreeable to renewing the present contract for Material
Testing Services under the same terms and conditions as the
existing ccatmct.
your
I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, saki renewal will be consummated upon
-receipt of a County Purchase Order for this renewal period, commencing September
19, 1998 and ending September 18, 1999.
Continued...
AUG 0 1 u$
Law Engineering, Inc.
June 24, 1998
Page 2 of 2
- "Material Testing Services"
Your prompt attent~n is urgently requested. Please return this letter to the Purchasing
Department, with your response, no later than Fdday, July 10, 1998. if you have any
questions you may contact me at 941/774-8425.
Very truly yours,
Purchasing Director
Law Enair~eerJnq. Inc.
Contractor/Vendor
JO C.L,~CIO~, C~IEI~ ]~IGII~'EI{
Typed Name and Title
(Corporate Officer)
Date: 7/8/98
/gb
COLLIER COUNTY GOVERNM~NT
SUPPORT SERVICES DIVISION
Purchasing Dep~ment
3301 TAM~ TRAIL EAST
NAPLES, FL 34112
(941) 774--8425
A CERTIFIED BLUE CHIP COMMUNITY
June 24,1998
Received Purahaslng
JUL 1 0 1998
Ardaman and Associates
9970 Bavaria Road
Fort Myers, Florida 33913
Attention: Mr. Gary Drew, P.E., Branch Manager/Assistant Vice President
RE: Contract ~95-2388 - "Material Testing Services"
Dear Mr. Drew:.
Collier County has been under Contract with your company for the referenced service
for the past year.
The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreement. The renewal is desired under the same terms
and conditions of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. 'lf one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you am agreeable to renewing the referenced contract, please indicate your
Intentions by prcr,'iding the appropriate information as requested below:.
I am agreeable to renewing the present contract for Material
Testing Services under the same terms and conditions as the
existing contract.
I am not agreeable to renewal of this contract.
ff ~J am agreeable to renewing the contract, said renewal well be consummated upon
receipt of a County Purchase Order for this renewal period, commencing September
19, 1998 and ending September 18, 1999.
Cor~nued...
Ardaman snd Associates
June 24, 1998
Page 2 of 2
RE: Contract ~95-2388 - "Material Testing Services"
Your prompt attention is urgently requested. Please retum this letter to the Purchasing
Department, with your response, no later than Friday, July 10, 1998. If you have any
questions you may contact me at 941/774-8425.
Very truly yours,
~am~e;,. C~/~
Purchasing Director
Ardaman and Assoclate~
Cor~torNendor
Slgnaturd
Gary Drew. P.E.: Brnach Manazerffice President
Typed Name and Title
(Corporate Officer)
/gb
COLLIER COUNTY GOVERNMENT
SUPPORT SERVICES DMSION
Department
3301 TAM1AMI TRAIL EABT
NAPLES, FL 84112
(941) ?74-8425
A CERTIFIED BLUE CHIP COM~IUNITY
June 24,1998
Universal Engineering Sciences, Inc.
26901 Old 41 Road
Bonita Springs. Florida 34110
Received Pura,~s/ng
Attention: Mr. Undsay N. Weaver, P.E., Regional Manager
RE: Contract ~t"35-2388 - "Material Testing Services"
Dear Mr. Weaver.
Collier County has been under Contract with your company for the referenced service
for the past year.
The County would like to renew this contract for one additional year in accordance with
the renewal clause in the agreemenL The renewal is desired under the same terms
and conditior~ of the present contract. If any services require change in scope or cost,
the contract will not be renewed and will be placed out for bid for the coming fiscal year.
This contract has multiple vendors, if all vendors agree to renew, the contract will be
renewed with no further notice. If one or more vendors fail to indicate renewal
intentions, the service may be place out for bid at the end of this term.
If you are agreeable to renewing the referenced contract, please indicate
Intentions by providing the appropriate information, as requested below:
_~ I am agreeable to renewing present
the
contract
for
Matedal
Testing Services under the Same terms and conditions as the
existing contract.
your
I am not agreeable to renewal of this contract.
If you are agreeable to renewing the contract, said renewal will be consummated upon
recelpt of a County Purchase Order for this renewal period, commencing September
19, 1998 and ending September 18, 1999.
Continued...
~o.~
AUG O q 1~,~
Universal Englneerlng Sciences, Inc.
June 24, lg~8
Page 2 of 2
RE: Contract ~t95-2388 . "Material Testing Services"
Your prompt attention is urgently requested. Please return this letter to the Purchasing
Department, with your response, no later than Friday, July 10, 1998. If you have any
questions you may contact the at 941/774-8425.
Very truly yours,
amell, CSM
Purchasing Director
Acceptance: '
.~ineerina Sclen;es. In¢,
Typed Name and T~e
(Corporate Omc, er)
REQUEST FOR PROPOSAL #95-2388-o~MATERIAL TESTING SERVICES"
INSURANCE REQUIREMENTS
REQUIRED LIMITS
X
1. Worker's Compensation
Statutory Limits of Florida
Statutes, Chapter 440 and all
Federal Government Statutory
Limits and Requirements.
X
2. Commercial General ' Bodily In4ury & Property Damage
Liability (Occurrence Form)
patterned after the 1985
I.S.'O form with no limiting $ !,000,00¢ Single Limit
endorsements. Per Occurrence
X
3. Indemnification: The Consultant shall protect, defend,
indemnify, and hold Collier County and its officers,
employees, and agents harmless from and against any and all
losses, penalties, damages, professional fees, including
attorney fees and all costs of litigation and judgments
arising out of any willful misconduct or negligent act,
error or omission of the Consultant, its Subconsultants,
Subcontractors, agents or employees, arising out of or
incidental to the performance of this Agreement or work
performed thereunder, including any claim(s) brought
against the County, its officers, employees, or agents by
any employee of the named Consultant, any Subconsultants,
Subcontractors, or anyone directly or indirectly employed
by any of them. The Consultant's obligation under this
provision shall not be limited in any way by the
agreed-upon total contract fee specified in this Agreement
or the Consultant's limit of, or lack of, sufficient
insurance protection. The parties agree that one percent
(1%) of the total compensation to the Consultant for
performance of services authorized by this Agreement is
specific consideration for the Consultant's indemnification
of County. (Reference: Section 725.06 F.S.)
X
4. Other Insurance as indicated below:
a) Professional Liability $ ~0~,00O
X
5. Automobile Liability
Owned/Non-owned/Hired
Automobile Included
~@0,000 Each Occurrence
COLLIER COUNTY FLORIDA INSURANCE REQUIREMENTS
(Continued)
X
6. Contractor shall insure that all subcontractors comply wit~
the same insurance requirements that he is required t
oV
meet. The same Contractor shall provide County with
certificates of insurance meeting the required insurance
provisions.
X
7. Collier County must be named as "ADDITIONAL INSURED" on the
Insurance Certificate for Commercial General Liability and
Automobile Liability Coverage where required.
X
8. Collier County Board of County Commissioners shall be named
as the Certificate Holder. NOTE--The "Certificate Holder"
should read as follows:
Collier County
Board of County Commissioners
Naples, Florida
No County Division, Department, or individual name should
appear on the Certificate. NO other format will b__e
acceptable.
X 9. Thirty (30) Days Cancellation Notice required.
X 10. The Certificate must state the Bid Number and Title.
BIDDERS AND INSURANCE AGENT STATEMENT:
We understand the insurance Requirements of these specifications
and that the evidence of insurability may be required within
five (5) days of the award of bid.
Bidder
Insurance Agency
Signature of Bidder
Signature of Bidder's Agent
EXECUTIVE SUMMARY
AWARD A CONSTRUCTION CONTRACT FOR
PARK FITNESS CENTER (BID NO. 98-2814)
THE GOLDEN GATE
OBJECTIVE: To obtain Board approval and formal award for the construction
of the Golden Gate Park Fitness Center.
CONSIDERATIONS;; The design plans for the Golden Gate Park Fitness Center
have been completed for a 5,000 square foot building. Substantial completion of
the project is scheduled for one hundred and sixty four (164) calendar days from
the date of Notice to Proceed with construction, as specified on the contract
documents, and one hundred seventy eight (178) calendar days are scheduled for
the completion of all work and final acceptance.
The staff activities and bid results are ~ummarized below:
1. Advertised for bids on the 8t~ of June, 1998.
2. Pre-bid conference held on the 19a of June, 1998.
3. Bid opening conducted on the 8t~ of July, 1998.
Ten (10) bid proposals were received. Below are the bidders in ascending order:
TOTAL BASE BID AMQUNT
High Point General Contractors
I. L. Wallace, Inc.
Casey Construction
Gary Wilkes
Surety Construction
Vanderbilt Bay
Quality Control
Haupt & Collins
Professional Building Systems, Inc.
$373,777.00
$419,400.00
$428,422.00
$436,600.00
$441,968.96
$476,800.00
$497,116.00
$507,801.00
$515,701.00
Copy of the Tabulation Sheet for Bid No. 98-2814 is attached. The
Architect/Engineer's estimate of probable construction cost was $425,000.00.
Staff reviewed and evaluated the proposals submitted . The results of this bid
evaluation for the two lowest bidders are as follows:
1. HIGH POINT GENERAL CONTRACTORS - Bid for cost of building is
about 20% below the cost of building a similar structure today, as verified by the
AUG 0 lgg8
Executive Summar~
Golden Gate Park Fitness Center
Page 2
Design Architect. Staff questions whether the building can be built to the plans
and specifications at the quoted price. With regards to the contractor's past
performance, five (5) references were contacted, three (3) of which were not
satisfied with the contractor's performance.. Some of the problems included not
finishing on time, generating several change orders and making changes to the
project without owner's approval. At present, this contractor is performing work
at the Sugden Park and there have been several problems with his performance.
Some of these problems have been lack of timeliness, difficulty in follow up and
problem solving. Based on the non-compliant nature of this bid, thc track record
of the bidder and the poor references, staff recommends disqualification of this
bid.
2. J.L. WALLACE, INC. - This bid met all the requirements of the bid
invitation. Ail references contacted highi:/recommended this company. They are
very responsive and reliable. No negative comments were provided for this
bidder. Based on the completeness and quality of the bid; excellent references;
and good track record, staff concluded that this is the lowest qualified bidder.
Staff recommends award of the contract to J. L. Wallace, Inc. for $419,400.00,
which is below the budgeted amount of $425,000.00.
'~-4~15 CAL IMPACT:
COST:
FUND:
COST CENTER:
PROJECT:
Funding for this contract is available in;
$419,400.00
368 (Community Park Impact Fees)
1 I6360 (Parks Capital Projects)
$01 I4 (Golden Gate Park Fitness Center)
GROWTH MANAGEMENT IMPACT: The Golden Gate Park Fitness Center
project ia in accordance with the County's Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners authorize the
Chairman to execute a construction contract, after review by the County
Attorney, with J. L. Wallace, lac. for $419,400.00 for construction of thc Golden
Gate Park Fitness Center.
Bxccutive Summary
Golden Gate Park Fitness Center
Page 3
Ju~~darmes Minor, P.E., Senior Project Manager
Office of Capital Projects Management
REVIEWED BY: ~~4 ~fiA" '~~ DATE;_'~/(~/~
Stev~Carnell, l~irector
Purchasing Department
lffarla Ramsey, D¥cctor /
Parks and Recreation Department
REVIEWED BY:_ DATE:
Rich Hellriegel, P.E., Interim Director
Office of Capital Projects Management
REVIEWED B~ATE~:
Ed Ilschner, Administrator
Public Works Division
Attachment: Bid Tabulation Sheet
F:%Oo/den Gate Park Fttuest Center%Executive Summary
I AUG 04 I-~-~B I
EXECUTIVE SUMMARY
APPROVE CHANGE ORDER NO. I WITH BETTER ROADS, INC. FOR
PATHWAY CONSTRUCTION WORK FOR COUNTY-WIDE PATHWAYS
II (BID NO. 97-2744)(PROJECT NO. 69051).
OBJECTIVE: Approve construction Change Order No. 1 with Better Roads,
inc. for pathway construction work for County-wide Pathways II in the amount
of $11,012.00.
CONSIDERATION:_ On November 25, 1997 (Agenda Item No. 16 (B)(3), the
Board of County Commissioners awarded Bid No. 97-2744 for $90,981.00 to
Better Roads, Inc. for Pathway construction work. Since that time, staff has
authorized further infrastructure work including retaining walls, pipe
extensions, sodding, etc.., that constitutes Change Order No. 1. These tasks
are instrumental in completing the project and providing for a first class
pathway facility.
Change Order Summary:
_Original Contract Amount
Change Order No. 1
$90.981.00
$11,012.00
New Contract Total
$101,993.00
FISCAL IMPACT: Funds are available in the amount of $11,012 in:
Fund:
Cost Center:
Project:
(313) - Road Construction - Gas Tax CIP
(163673) - Surplus Gas Tax - Road Construction
(69081) - Countywide Bikepath
GROWTH MANAGEMENT IMPACT: None.
]gECOMMENDATION: That the Board of County Commissioners:
1. Approve Change Order No. 1 in the amount of $11,012.00 with Better
Roads, Inc. and,
2. Direct and authorize Office of Capital Projects Management staff to
process and execute Change Order No. 1.
Executive Summary
Change Order No. 1, Better Roads, Inc.
Page Two
Delate, ASLA, Project Manager
Oft'ice of' Capital Projects Man~emenl
REVIEWED BY:~
P.E., Director
Transpo~ff6 Services Department
DATE:~-' ZZ ~'~
REVIEWED BY:~ DATE:~
Richard :I. Heliriegel, P.E., I ,~ Director
Office of Capital Projects Management
Public Works Division
TO: Berm' Ro~ts, Inc.
~90 Shh4ey Street
Naples, FL 34109
CHANGE ORDER
l, ttOM: Collier County
3301 East Tamiami Trail, OCPM Bldg.
Naples, Florida 34112
Constru~on A~ent Dated: November 25, 1997
Project No. 69081
Bid No.: 9%2744
C~_!r,g~. Ord,' No.: I Date: July 22, 1998
C'nan~ Order ~fion: ~ ~ of ~ ~i~ a~ Bid No. 97-27~, for
$~,~1.~ ~ ~. ~ N~ ~, 1~7, I~ No. 16 ~)(3). S~ ~ ~
~ ~ ~ ~ ~ si~ ~~ W ~ ~ ~Y ~~on proj~ ~cby
~~~~No.l. ~ha~ofa~~ ~~J~,1998
~~ ~ ~~ ~ f~ P~ ~ p~
90,981.00
Sum ot pr~ious change ordm's amount ................................................... S
'n6s Chans~ O~ ~ [ad~] ........................................................... $
IL. vf. sed Agreement Amount ..................................................................... $
AdJusted numb~ of calendar days due to pr~aous changc orders .........................
Rtvtsed Contract Ttme la aalendar day~ ...............................................................
~ Nogce to P _roc,tea___ date .........................................................
Completion dat~ based on original contract time .................................
~,v~sed completion date ....................................................................
0.00
11,012,00
101,993.00
60 days .
0 days
0 days
60 days ,
1/17d98
3/13.98
3/30/98
Your acceptance of this change order shall ~ a modification to our Agr~n~n: and will
p~tonned subject to ail the same m-ms and conditions as contain~ in our Agr~mc'ra indicat~ above,
as fi~y a.s if the same ~ rqgagd in this acceptance. The adj~ if any, to this A~ec-ment shall
cansfmte a full and final settlemem ofany and aH claims of the Conwa~r arising out of, or relat~ to,
tl~ change set forth tm'd~ includinl~ c....la~_ for impact and delay costs.
/o~h/F. I~ta~, ASLA, ?roj~ Manaser
Collier County Office of Capital Proj~.s Manag~n,mt
~/James A. McI~ghlin, Vice-Presider
Rbacr Roa&, Inc.
Approv~ by:. , / Date:
O.~of Capital
Transportafi
(For Use by Owner: Fund: 313 Cost ~ 163673 Object Code: 763100 Project No.:
I ~' "Y',
EXECUTIVE SUMMARY
TO APPROVE THE TRANSFER OF PROPERTY FROM COLLIER COUNTY TO THE STATE OF
FLORIDA TO SATISFY THE REQUII~ME~fS OF PERMIT # 11-00368-S.
OBJECTIVE: R~ommendafion to approve the transfer ofpropexty known as the Meli Property
owned by Collier County to th~ Board of Truste~ of the Internal Improvement Trust Fund of the State
of Florida to ~isfy the t~luim~s of Permit #11-000368-S (Naples Sanitary Landfill).
CONSIDERATION: On Atnil 1, 1997, the Board of County Commissioners approved a Real Estate
Putr. lm~ Option Agreement COption Agreement") to purchase the Meli Property in order to satisfy
South Florida Water ~ District's permit m:luirement for the Naples Landfill.
On ~Iun~ 24, 1997, the Board of Couaty Commi~oners approved the purchase of the 66.3 acre
lXO~ known as the Meli Property for $200,000.00. A Warranty Deed was recorded on September
5, 1997 in Official Records Book 2344, Page 542 et ~q granting the subject property to Collier
To fulfill the remaining permit requirements, Collier County is required to transfer the property to the
Board of Truste~ of the Imemal Improvement Trust Fund of the State of Florida.
TI~ State of Florida has approved the transfer of property fi'om Collier County and has provided the
~ documents. A co~ of the County Deed and Closing Statement is attached hereto and made
apmi of this Executive Summary.
The County Again'ney's Office has reviewed and approved the documents for the transfer of the subject
FISCAL IMPACT: Cost for the transfer of property will include:
Recet~cation of survey ra~ $1,000.00
Title Policy $1,066.50 - mandated by the State
Recording fees $ 15.00 - mandated by the State
Total Cost 52,081.50
Ftmd~ ~ cun'eatly available in Solid Waste Fund (470), Solid Waste Adrnini~ation (173410)
GROWTH MANAGE)SENT IMPACT: None.
1) ~pl~VV¢ the tmmfer of~ to the Board of Tnt~ of thc Internal Improvement Trust Fund of
the Sine of Floridg
2) m~rize ~,aft'to obtain the Chaixman's execution on the original County Deed and Closing
4) m~aorize the Chairmm to execute any document n~ to record and transfer proper~ to the
St, re of Florida; and
FI mxtbodze mil'to pweeed with pwper closing md reeor/ing Froeed~ for the subject Property.
PRI~ARI~ BY: ~ DATE..
BY:
W'flma Iverson, Senior PropmW Specialist
Real Pwpe~ Management Deparlment
Solid Waste Management Dep~rtment
V^T
Foil M)~n. lrlorkia 339~!
C07¥
COUNTY DEED
(STATUTORY FORM. SECT/ON 125. 411, F.S.)
A'i'TA(~tt/VLISN'I' ! J,
THIS INDENTURE, made this
, A.D. 1991, befweea CeilJ~' Comity, I
~ of ~e Sm~ of ~ ~e a~ h 3~I ~smbmi
~ ~b ~ ~ ~ b BO~ OF ~ OF ~t ~AL I~RO~M~%~ ~L~ ~ND OF TH E
~3~~ ~ ~1 S~ 115, Tall~, ~ ~2~99-~0~, p~y o~ thc ~co~
(*Wlteyever uef herein flJ~ lerms "Fatty of ~ tim ~' and ~ of the ~cond p=~' include 111 ~e ps~ to thb
~t o~ ~ ~ ~l ~U~ ~ a~ ~ "Pa~ of ~e fl~t p2~" and "pa~ of the
~) ~
~: The the said IMrty of'the f'n~ p~fl. for end in c~n~idgrat/on ot't~ sum ofTen Dell~-a, m i~ in h~nd paid by
~ ks sncc~sscr~ and assi~s forever, fl~e fotiowin~ described la~ s;n.~e. Jy~ and belnI/n Collier. County, Flor/da,
Exhibit "A" an:ac~ed ~ a~! by referen~ made a ~ hereof, u~ether wkh all Hp·~.·:~ a'.~- Ec.~I Hghts appertaining
~ ~ all ~ in s~,,face re'l, p~ ~nd minerah lr, n3uaat to 270.11 (3), F.S.
ACCelXaflce ofTrnn~r of Thle to Deflau~ L~s ~1 hereto a~ E.xh~it "B" and by refe..-.~.c= m*.~e · pa'~ hereof'.
Propen'y Appraiser's Parcel Identification Number:. 00736440002
IN WI"T]ql;S~ WHEREOF IIM saki pez~ of[he f'lrlt p~rt has c~u~cf [h=~ pre3~u to be c"x.-':'..'.~ i... ~ name by its Board or
County C--,~ acttn~ by ~e d~ ~ ~ Chab of'saki bot~ ~ dr/and y~ zfcr'..u!~
Coltier County
a polkic~ s~xli~io~ of[he Stye of ;;c.~.~
BY:
D~lght E. Brock, Depu~ Clerk.
(Official Sear)
AU$ 0 I, 98
~ i:x~on oftl~ NOrl~h,tlf (1'4'I/2), lyin$ North o~U.S. 41 O"~i,~! T,?.b.'), Sc. ction
I 1, To,,~mhip Jl ~ R~gt 25 Erst, Collier Cm.m~, Flori~
COPY
ACCEPTANCE OF TRANSFER OF TITLE TO DONATED LA.~'DS
Bom'd or'i'rus~s of the Internal Isp~.,.,.-~ Trut fund
~'iGlqA'rtfl~ OF mtS'F WmqF, SS)
(PJLIN3'I~, TY~F.D OR STAMI~£D NAbI£ OF
(PRIN'IT~, TYI~F.D OR STAMPF. D NA.%I~: OF
~ Si%ned
(NOTARY I~JBL2C SEAL)
AUG 0 ~ lBg8
~., ...K'
DONATION $~ STATEMENT
COP.Y
HAJ,~ AND ADDIt, E.~ OF DC.',,'O~,
COS_t _mn. C:OttNTY
DATE:
f LOCA'I'~N
I I-S1-26 NOKTH OF US 41
FOLIA ~
GUAKDIAN ~
! ~2 BROADWAY
FIKT M't"~t$. fLOR.IDA 2~9:1
~dMMARY OF DO~OR'~ ~
GRO~ A.q~f..q~.D VALUE
~ PAID rf OK I~l B~4ALP OF DOh'J~
I
191,300.00
GROSS ASSESSED YALL~
DONATED l.~t~
,Tk-FII.~4~ C0~13 ,'~.OM ATT. AC:.-:~D PAGE
19g,300.00
198,~00.00
TOTAL. ;.OO~A
Gm:~ AMOUI~'
TOTAL, (D(~qATED AS3F.$3~I} VALL"~ ?LU~
GR~ A~Obgq'l' ASS~.T.D
CaS~l ITO I IF~OMDOh~E
C~H I J TO [ · I F~OM DO.~OR
~ TO Bi PAID ~q ADVANC~
C)wm~'j ~ S19&,300.00
kmmml bmm~mJm mmmd m mm~dlm my km~mm mm mmrmd m W~ m --.4 m m4dJ~mmml '~'~"''~'~d~ ~ iu sm:r''l~ k '''~ ~
..... m mm7 m ira}, m imm ~,m { I Jafdmr omJ~ Im 1 lm~ mm'tv~l m oogrY ·
COLUF.~ COUNTY, A POL.r~O.L SU'~D~IO~
OF TII~: ~I'AT~ OF FLOR]DA
BY
Collier Co~ Bo~l ot'Cc~..~ Commissioners
AUG 0 4 i.$95
EXECUTIVE SUMMARY
APPROVE A SUPPLEMENTAL AGREEMENT WITH HOLE, MONTES
AND ASSOCIATES, INC. FOR FINAL DESIGN AND PERMITTING
SERVICES FOR LIVINGSTON ROAD IMPROVEMENTS NORTH OF
IMMOKALEE ROAD, CIE PROJECT NO. 021.
OBSECTIVE: Board approval for staff to prepare and execute a Supplemental
Agreement with Hole, Montes and Associates, Inc. for Livingston Road final
design and permitting services.
CONSIDERATIONS: The Livingston Road CIE Project No. 021 consists of
approximately 5.9 miles of a new arterial roadway network as depicted by
Attachment "A'.
Several recent Board actions on the Livingston Road project have prompted
staff to negotiate consulting fees with Hole, Montes and Associates, Inc. for
final design and operational/environmental permitting of initial two lane
improvements. Recent Board Actions and approvals for Livingston Road
include:
(l) The February 17, 1998 Developer Contribution Agreement with Long Bay
Partners wherein the developer shall directly finance and manage
construction activities for the 3 mile north/south segment of Livingston
Road uo to the Lee/Collier line;
(2) The May 19, 1998 right-of-way acquisition Resolution to restart and
complete purchase transactions for approximately 30 remaining land
parcels; and
('i) The June 23, 1998 Joint Supplemental Interlocal Agreement with Lee
County which formalizes project responsibilities and cost commitments for
Livingston Road between the Lee/Collier li~e and Bonita Beach Road.
A scope of services document has been prepared to amend the original partially
completed design plans (60% - 70% status, 1991) to conform to current
engineering standards by Collier County and the Slate of Florida Department
of Transportation. The plan revisions shall then be suppl~mented with final
engineering activitie.~ to include right-of-way mapping, surveying, and
operationaUen ~,ironmental permitting services. Since thc Developer
Contribution Agreement with Long Bay Partners provides for two (2) design
and construction phases for the 3 mile north/south alignment, the cost and
scope of services document with Hole, Montes and Associates, Inc. apportions
final engineering efforts into three (3) distinct roadway Segments ("A", "B",
and "C") as shown on Attachment "A".
Executive Summar7
Livingston Road Improvements
Page 2
Staff recommends that the Board approve a consulting engineering fee of
$428,840 with Hole, Montes and Associates, Inc. for the scope of services
enumerated below.
NefotJated Consultine Fee Structure
1.0
2.0
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
Task Description.
Roadway Plans $153,400
Utility Relocation Plans $ 7,900
County Utilities $ Future
R/W Mapping and Legals $ 32,040(*)
Signals and Lighting $ 48,700
Signing and Markings $ 14,820
Property Buffer Concepts $ 6,500
Operational Permits $ Future
Railroad Crossing Agreement $ 16,520(*)
Environmental Permitting $ 45,600(*)
Land Surveying $ 37,760
Coordination Meetings $ 28,640(*)
Contract Bidding Documents $ 30,000
Phase I Contamination Audit $ 6,960(*)
TOTAL MAXIMUM CONTRACT FEE" $421~.840
(*) Indicates cost-plus a fee not to exceed amounts; remaining service tasks
aze based on a lump sum fixed price amount.
The negotiated consulting fee structure does not include design and permitting
of County water and sewer facilities (tasks 3.0, 8.0). Stemming from recent
discussions with Long Bay Partners, it is expected that County utility designs
will be subject to a follow up Agreement with the Collier County Water-Sewer
District to ac=ount for land development utility service needs. The proposed
Supplemental Agreement with Hole, Montes & Associates, Inc. is based on
amending and finalizing the originM preliminary rural highway plans and
designs. Long Bay ?artners has recently indicated a desire to petition the
County to convert the rural highway Typical Section to urban and suburban
features, although staff has not yet received a formal proposal for such
redesigns. Moreover, it is noted that the negotiated maximum fee amount of
$428,840 does not account for final design of noise and landscape buffer
systems (task 7.0), nor consulting support services for long term environmental
reporting and monitoring to comply with permit conditions. For the reasons
I'~i.. ' Ezecutive Summnry
Livinsston Improvements
Rotd
l~tge 3
omlined above, future contract amendments with Hole, Montes & Associates,
Inc. will be necessary.
~l~~.i~: The Supplemental Agreement for Livingston Road
design/permitting services shall be supported by current year available funds.
Cost: S428,$40
Fund: 331 - Road Construction Impact Fees
Cost Center: 163650 - Engineering/Consulting Fees
Project No.: 65041 - Livingston Road Improvements
~RQWTH MANAGEMENT IMPACT: The Livingston Road CIE Project No.
021 is consistent with the Collier County Growth Management Plan.
RECOMMENDATION: That the Board of County Commissioners approve
the Livingston Road design fee of $428,840 with Hole, Montes & Associates,
Inc., and authorize staff to prepare and execute the necessary Supplemental
Agreement instrument.
Project Manager
Office of Cat ~jects Management
REVIEWED BY:
REVIEWED BY:
Er4~.Sum. Livinfston Rd
~ I ~ ~ III ~ I
~L~ ~ ~CT No. 6~1 ~ ~ .... ,
LI~NGSTON ROAD PLAN
EXECUTIVE SUMMARY
AWARD A CONffrRUCTION. CONTRACT TO MIL,MIR CONSTRUCTION, INC., FOR THE
NORTH COUNTY REGIONAL WASTEWATER TREATMENT FACILITY RECLAIMED
WATER PUMPING STATION UPGRADES, BID #98-2812, PROJECT 74024
O]lJlgCTIVlg: That the Board of County Commissioners, as Ex-Officio thc Governing Board of Collier
County Water-Sewer District, award a contract to construct upgrades to the Nor, h County Reg/onal
Wa~'w~ Treatment Facility (NCRWWTF) Reclaimed Water Pumping Station to increase capacity to
meet existing demmd~ for reclaimed water reuse.
COIgSIBERATIO~$: On July 9, 1998, bids were opened for the above project. Six bidders responded.
Brae ~ include upgrading existing pumps to increase capacity. Six alternates were also included in the
bidding doeumen~ each of which specified a different acceptable manufacturer for supplying new larger
pmnl~ to replace the ~g ptmaps, which have now become undersized. After review and evaluation,
om' eomafltant~ Hole Monte~ & Associates (HMA), Inc., recommends electing alternate no. three, for a
dedt~t amount of $17,000.00 to supply Fairbanks Morse pumps. Therefore, results for the base bids plus
alternate three are as follows:
M~mir C. omtruc~on, Inc.
Project Imegation, Inc.
Mitchell & Stark Conm-ucfion Company, Inc.
$795,000.00
$826,000.00
$856,277.00
$886,500.00
$891.000.00
No Bid - Only bid base bid
Snb~qnent to the bid opening, Milmir Construction, Inc., the lowest responsive, responsibl~ bidder,
made the Pm'e~ Director aware of a minor eh'or that Milmir made during composition of their bid.
They imdvertemly mi~tea'prgted a quotation from an electrical subcontractor, Gulfcoast Commercial
Electric, Inc., and wrote them into their bid to the County. The Purchasing Director has reviewed the
information provided by Milmlr and has concurred that the correct electrical subcontractor should have
been Gulf State~, Inc. The resultant corrective change comtimtes no monetary adjustment to Milmir's
bid. Therefore, the Board is ,asked to deem this a minor irregularity and waive the change ia the
electrical ~ubeonsultam to Gulf States, Inc.
I-IMA lam evaluated the bida and has verified references on the low bidder (bid tabulation and
t~::ommendalioa letter atlaehed). Ail refereneea are positive. In addition, Milmir successfully
~ two North County Regional Wastewater Treatment Facility expansions and is currently
txmstme~g the North Coumy Regional Water Treatment Facility 8-mgd Expansion project. Staff and
liMA teconnneml award of the base bid plus alterrmte no. three to Milmir Construction, Inc., in the
amount of $795,000.00.
IqSCAL IMPACI?: Funds in lh~ amount of $407,000.00 are available in FY 98 as follows:
* ' lhax~ (413), Coum~Se~er Capi~l Projects
~ (7~), N~~ ~~ W~ ~g Station Up~
A~ ~~ f~ ~ ~~ of~e ~ in ~e ~o~t of $388,~.~ ~ll ~ n~
.- ~ fo~:
From Fund:
Cost~
S388,000.00
(413), Sewer System Development Fees
(919010), Rescrvea
To Fund:
Co~ Cmt~.
S388,000.00
(413), Coumy $..~wer Capital Projects
(263611), Combined Sewer C,~pital Projects
(74024), NCRWWTF Reclaimed W~er Pumping Station Upgrades
~RO'~TH MANAGEMEI'~r IMPACt: None
]gECOMIWKNDATION$: That ~hc Board of County Commissioners, as Ex-Officio the Governing
Board of the Collier County Water-Sewer District, award a constructi~ contract to Milmir Construction,
In~., ~'~ the amou~ of $795,000.00, for th~ NCR~ Reclaimed Wat~ Pumping Station Upgrades
l~eC~, Bid tff)8-2812,'waive the minor bid irregularity and appwve the necessary budget amendment.
Ridmxi HeIlri~k 1L~., hmim ~
AU~ 0 q i£~
lul,~ 17,
Mr. P~ Scbu~
OEi= of Cat, iai Projccis Managcmen~
Corllcr County Oovemm~ Center, Bldg. D.
3301 Fast Tamiami Trail
Naples, Florida 34112
Collier County
North Cotmty Regiofial Wamewater Treatment Facility
Rec~ Warn Pump Station Upgrades
Bid No. 98-2812
HMA File No. 1997042 (C01)
Hole, Montes and Associates;-Jmc,-harr~ewed the bids received on thc above
bids wt~ received on July 9, 1998. The bas~ bids are as follows:
1VIilmir Construction, Inc., Ja~~e, Florida
Beach Construction Company, Inc., Crainesville, Florida
Cardinal C. onuaem~ I~, Ssrasota, Florida
Project Integration, Inc., West p,Im Beach, Florida
Mitchell 8: Stark Construction Co., Inc, Naples, Florida
refer~nced'-project. Six
$ 812,000.00
$ 845,000.00
$ 856,277.00
$ 905,000.00
$ 90%OOO.OO
$ 937,000.00
The Engineex's opinion of probable cost for this proj,'xt is as follows:
SubtoM for Commicfion Cost
Contius~m'y (IS%)
Total
$ 876,000
$_131~000
$1,007,000
All of the bids we~ I__-~_ than the Engineer's opinion of probable cost including a 15 percent
contingency. Thr~ of the six bids we~ le~s than the Engineer's opinion of l:rrobable cost excluding
the 15 lX'Xcc~ contingeacy.
LTR to Pete Sckdt
of Cavital Projects ement
North CouaIy Regional Wzstewater Treatment Facility
Rec Water Pump Smion Upgrades
Bid No. 9g-2512
;uly 17, l )s
Page 2
The thxee lowest base bids were within six pement of one another. The second lowest bid was within
five percent of the lowest bid.
The base bid included modifying four existing reclaimed water pumps and providing one new
teel~m~:l water pump. The Bid Schedule included provision.'; for six alternative bids for five new
reclaimed water ~:nmaps supplied by various manufacturers. The bid with the lowest base bid amount
included alternative bids for all six alternative bids. The bid with the second lowest base bid amount
included bids for five of the six alternative bids. The bid with the third lowest base bid amount
included bids for five of the six alternative bids. 'lb-. alternative bids did not change the order of the
The base bid amount and the aRemative bid amoums presented in the bids with the three lowest base
bid~ are as follows:
Milrnir Hausinger &
D~'cription Construction, Inc. Associates
Base Bid (modify four
~g Aurora Pump~ and
provide one new Aurora
Five new Aurora Pumps Add
Five new Byron Jackson Add
Five new Fairbanka.Morse
Five new Ingersoll Dresser Add
Five new Johm'ton Pum~ Deduct
Five new Peerle~ Pum~ Add
Beach Const.
Company, Inc.
$812,000 $845,000 $856,277
$13,000 Add $12,000 Add $ 28,150
$17,000 Add $17,000 Add $ 32,030
Deduct $17,000 Deduct $I9,000 $ 0.00
$3,000 Add $1 Add $ 24,150
$I0,000 No Bid Add $ 8,450
$13,000 Add $12,000 No Bid
A tabulation oft. he bids and a co~son of contract amounts with the alternatives are attached.
W.'~l~!
LTR to Pete Schnlt
Off, ce of ~ Projects l~m~ement
North County P,~-~gional W~ Treatment Facility
Rec!~,,,ed Wa~r Pump Stolon Upgrades
Bid No. 98-2512
Page 3
The lowest bid amount is $ 795,000.00, which is the bid from Milmir Construction, Inc. with
Alternative Bid A3 for Fairbanks Morse Pumps, Model 17H-5.
The existing Ree!almed Water Pump Station at the North County Regional Wastewater Treatment
Facility was built by Milmir Construction, Inc. as part of the most recent expansion of the treatment
facility. We take no exception to the quality of the Work performed by Milmir Construction, Inc. at
the North Count, Regional Wastewater Treatment Facility.
Hole, Montea and A.~aciatea, Inc. recommends that an award be made to Milmir Construction, Inc. for
the North County Regional WaC,.ewam' Treatment Facility Reclaimed Water Pump Station Upgrades,
Bid No. 98-2812, based onthe Base Bid plus Alternative A3 for the mount ors 795,000.00.
Very u, uly yours,
HO~ONTES ~A~$OCIATES,
Robe~ O. B~brink, P.E.
Senior Civil Engineer
ROB/~nmw
ce: T'~ Clemons
Kurt Pfeifer
Buddy Pepper
Don W'flliams
AUG 0 4 ~;F~ ~
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EXZCIYrlVE S~Y
APIqtOV~ TO PROVIDE ASSISTANCE TO SENIOR. CR. AFI~ THO~
CONCERNING AN ISSUE V, TI'*H THE DEPARTM~.NT OF BUSINESS AND
~,. I*i/OFESSIONAL ~TION.
That the Bom'd of Cotmty Comm!mioners, Ex-Officio the Governing Board of
1. Tn 199'2, Mr. Stiers was told by thc Collier County Dcpamnem of Building Review and
Pm'~$ that his Mast~ Eie~rician's license had to be activaxcd in order for him to perform
S~umu ~ aha womm~s eompamtiou. Mr. Stiers also ad&d to the file on October 15,
~ was rai$~ as to whether thi.~ additiotml policy was necessary given Mr. Stiers status
a~ a Couaty ~pl~ Statf~ thi~ aituation with Human Re~om'ces which resulted in a
!__,?~'_ dasd ~ 12, 1994, atatin8 tha~ Mr. Stiera would be afforded Workers
of his duties as a S~ior Crathnum for Colli~' Cotm~. After receiving this letter, the additional
insnrar~ policy was canceh~ Mr. Stier~ roc~ved an ,Admh~tr~ve Complaint from The
~ of Busings axl Prof,~ional Rcgulafiou (DBPR) o~ Ju~ 25, 1998, stating that he
· did not m~finufin adequa~ kumran~ coverage between Septemb~ 01, 1994 and August 31,
1996. Tho DBPR comoxh fl'm th~ violation involved the license being in the name of Mr.
~ alon~ and not C_.,oOi~r Count~. ~ore, Mr. Sticrs was, under the law, obligated to carry
Stiers to maintain an active ~ Hia licen~ haa since been placed in an inactive status. Staff
furth~ ~ thi., matter with th~ C, mmty's D/l'Cctor of Building Review and Permitting and
~ that ti~ requireme~ for Mr. Stiera to maimain an active license is no longer
3. {dr. Sti~ ham th~ ri~I lu diaptae the m-~__,~al facta alleged and requ~ a hearing before an
mtmi~aUaii~ jud~ with lira Diviaiou of Aami~ia~tivo Hearin~ ~g a hearing would
alao ~ legal ~ for Mr. Stio~ The closet and next available hearing is August
14, 1998 in ~, Florida. Staff ~ that th~ cost of this action could approach a level
4. The~e wuuld be to pay th~ finea iuthe amount of$1301.90 aud alle~dame the expeuse
St~ff l~~d~ fl~ l~ym~ of the fu~ in th~ amount of $1,301.90 ra~her th~ pursuing
through m ~,&~ ~g-
]~SC. AL IMPAC'r: The fiscal impact nMociated w~th l~rYing the fine is $1,301.90. Funds
available in 408-233352-649035.
4~ROW'I~ MANAGI3kII2g~ IMPACt: None.
i{/,C'~OMMI2gDATION: That th~ Board of Couuly Couuuimai~ Ex- Officio the Governing
· ~ ~ of lira Colli~ Coumy Wa{~r-S~v~ Dimuic~ authorize and approve the paymc-nt of the fine
in ~ mmmnt of $1301.90.
PRI~ARED BY:
I~vid ~, CoHectiom S~
APPROVED BY:
COLLIER COUNTY GOVERN 3
i)IVI~ION OF AI)M I N I~'I'II~TIV I.'. BEKVIC 'E~
RI~K ~AGEM ENT DEI'AR'rM ENT
.,.,,L,.~E~ OOkJ:'' ''r'f
13) 774.~.16 !
A I,Eh'TII.'iEI} BIblE C. I III' C()MMUNrI'Y
September 12, 1994
To Whom It May Concern:
This letter is to advise you that employee Thomas Stiers is
afforded Workers' Compensation under Collier County's
self-insured fund while performing the services of Senior
Electrician (Master Electrician).
In addition, Thomas Stiers will be considered an insured
under the County's General Liability policy while acting
within the scope of his duties as Senior Electrician (Master
Electrician).
If you should have any questions or comments, please feel
free to contact me at 774-8091.
S'~ erely,. .
J~rre W. Salmon
Senior Risk Management Analyst
cc: ~ke Lyon, Supervisor, NCR~F
Tim Clemons, Director, Wastewater Department
,EPARTMENT OF ~USIN~ & ~ROFESSIONAL [~EGULATION
Subjea: SERVICE OF ADMINISTRA~
COMPLAINT ,
~he formal charges filed agair~ yo~. tL~eipt of these documems comdaaes leg21 service upon you.
Three op6om are available ~v you under Florida law: you way
(a) Choose not ~o dispum Ibc main'iai facts alleged, and r~clUeS~ a hearing before ~he Board which
will o~ly hear evidence regardi%~ ~he conclusions of law and ~he l~mlry for violatiom; or
Co) Dispu~ the material fac~ alleged and reque~ a hearing before an admln~rative law judge
wi~h fl~e Division of Admini.,~afive H~; or
(¢) Waive your ri~ ~o eiflm' type of hearing and allow ~he Board ~o exercise its
In ~ldiflon to tl~ above, you may choose to settle this rrmtter by executing the enclosed proposed
Seffielmmt Stipulation within 21 day~ tn lieu of further disciplinary action, and enclosing it with your
be advised fl~ purnm~ Iv Sec~n 120,573, F/or/da ,~maes, mediation is no~ available for this
action.
You mu~ re.md by selecfl~ om of ~be fl~ree csxkms on the enclosed Elcction of Righ~ form, and
forwarding ~be execu~! Elec6on of ~ form ~ this office w~hin 21 days of your r~eipt of this
iett~. Failure to respond within the 21 day lx-rkM may be deemed a waiver of the rig~ ~ztlined above,
and thc ~ may ~ against you by default.
A.TI'CHS: ~-~ive Complaim; Election of Rights Form; Proposed Serdem~ SLipulation
* 1~0 NORTH MONROE STREET T,~ · AIqASSEE, FLORIDA
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
~CAL CONTRACTORS' LICENSING BOARD
DEP~RTMENT OF BUSINESS AND
PROFESSION~ REGULATION,
Petitioner,
Case No. 9'7-19777
VS.
THOMAS J. STIERS,
ADMINISTRATIVE COMPLAE~
Petitioner, DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
("Petitioner"), files fi'tis Administrative Complaint before the Electrical Contractors' Licensing
Board, against THOMAS J. STIERS ("Respondent'), and says:
1. petitioner is the state agency charged with regulating the practice of contracting
purnaam to Section 20.165, Florida Statutes, and Chapters 455 and 489, Florida Statutes.
2. Respondent is, and has been at all times material hereto, a Registered Electrical
Comraemr in the State of Florida, having been issued license numbered ER 0010179.
3. Respondent's addre~ of record is 602'/Shirley St. , Naples, FL 33942.
4. At all times material hereto, Respondent was the licensed as an individual.
5. Section 489.515, Florida Statutes, requires that as a prerequisite to the issuance
or renewal of a certifica~ or registration, the at:rplicant submit an affidavit attesting to the fact
that the applicant has obtained public liability and damage insurance in mounts determined by
board role, and workers' compensation insurance or an acceptable exemption.
6. By Rule 61C-6-5.008, Florida Administrative Code (1992), the Electrical
Contractors' Licensing Board established insure requirements including, but not limited to,
the following:
a. Liability Insurance, in the name of the licensee or licensee's business, in the
minimum anxamt of $100,000 per persorl/$300,000 per occurrence;
b. Property Damage Insuraw~, in the name of the licensee or licensee's business, in
the minimum amount of $500,000;
c. The certificate holder must be the Department of Business and Professional
Regulation, Electrical Contractors' Licensing Board.
7. Section 489.515, Florida Statutes, provides further that the board shall by rule
establish a procedure to verify the accuracy of such affidavits based upon a random audit
method.
8.
insurance audits by requiring selected li~s on active status to submit proof of having
maintained public liability and property damage insurance in the required amounts during the
9. In accordance with the above-stated rule, the Electrical Contractors' Licensing
Board requested by letter dated lanuary 27, 1997 that Respondent provide within thirty days
proof of the foregoing coverage continually maintained between September 1, 1994 and
August 31, 1996.
I0. Respor~ent failed to provide proof in response to the audit that he had
2
Rule 61G6-5.008(2), Florida Administrative Code, provides for random sample
maintained the insurance as required.
11. Section 489.517(3), Florida Statutes, provides in part that as a condition to
renewal of licensure, each cer~ficateholder o.r registrant shall provide proof of completing at
leas~ 14 classroom hours of continuing education courses during each biennium following the
~e or renewal of the certificate or registration.
12. Rule 61G6-9.003(2), Florida Administrative Code, provides that "(c)oursc"
means any course, seminar, or other program of instruction which has been approved by the
Board for purp0ze~ of complying with the continuing education requirements for electrical and
alarm contractors.
13. Rule 61G6-9.01 I(1), Florida Administrative Code, provides in part that the
IX'p~ ~all perform random audits of licensees and instructors to verify compliance with
continuing education or po~t-licen~ education requirements.
14. In accordance with the above-stated provisions, the Electrical Contractors'
Licensing Board reques~ by letter daxed January 27, 1997 that Respondent provide within
thirty days proof of having completed the required hours of continuing education courses
15. Respondent failed to submit proof in response to the audit of having complied
with the continuing education requirements of Sec. 489.517(3), Florida Statutes, and thc rules
prornulgat~ thereto.
16.
COUNT I
Petitioner realleges ~md incorporates the allegations set forth in Paragraphs One
,'.. ."'s ~. ~. .. ' ,.. ',: ;
(1) ~hrough Fifteen (15) as though fully sta~ herein.
17. By failing to provide proof of adequate insurance as required by the audit, the
Respondent violated Section 489.533(1)(o), Florida Statutes (1996 SUPP.), by failing in any
~ respect m comply with the provisions of this part.
COUNT II
18. Petitioner realleges and incorpora~s the allegations set forth in Paragraphs One
(1) ~gh Fifteen (15) as though fully stated herein.
19. By failing to provide proof of adequate continuing education credits ~s required
by the audit, the Respondent violated Section 489.533(1)(o), Florida Statutes (1996 SUPP.),
by failing in any mmefial respect to comply with the provisions of this part.
WHEREFORE, Petitioner respectfully requests the Electrical Contractors' Licensing
Board enter an Order imposing one or more of the following penalties: place on probation.
reprimand the licensee, revoke, suspend, deny the issuance or renewal of the certificate or
registration, impose an administrative fine not to exceed $5,000 per violation, require
corre~ive action, require continuing education, restrict the authorized scope of the licensee's
practice, impose any or all penalges delineated within Section 455.227(2), Florida Statutes,
axl/or any other relief ti'mt the Board is authorized to impose pursuant to Chapters 489, 455,
F/or/da Statutes. and/or the rules promulgated thereun~.
Signedthis IlTC'~ dayof ~ .... , 1998.
Richard T. Fan'ell
Secretary
Gm"t'~. ~oge, Senior',~ttomey
By delegation of the Secretary.
COUNSEL FOR
Gail S. Hoge
Smior Attorney
~ B~' No. 0909289
~ of Business ar~l
Norfllwood Cenu'e
1940 North Monroe Street, Suite 60
Tallahassee, FL 32399-0~92
FILED
DEPUTY CLERK
5
I,~Vtml Chik I, Oov~*m~ FUch ~rd T. Fart,Il,
Dear Licensee:
- Enclosed is the Departments' proposed Settlement Stipulation offered as a resolution of the
Administrative Complaint. As you know, all licensees in an active status are required by Chapter 489,
~orida Statutes, to maintain insurance in specified amounts, workers' compensation insurance (or the
appropriate exemption), and to obtain approved continuing education hours as long as the licensee is in
an active status. Please note that inactive status is available to licensees who do not wish to meet these
requirements; a licensee's decision not to use an active license does not eliminate insurance or
continuing education requirements.
The Department conducts a biennial audit of licensees' insurance and continuing education based
n~ she aetlve ,ttatus of the licensee and the licensee's attestation at the time of renewat that these
requirements have been met. The audit requires that licensees submit the appropriate Certificates of
Insurance, exemptions, and certificates from approved continuing education providers within thirty days
of the audit notification. Delegation of this requirement to an insurance agent, e.g., does not alleviate the
responsibility of the licensee to insure that the appropriate documents are received by the Department
within the allotted time.
The Stipulation terms are based on a tine of $500.00 for failing to respond with the appropriate
documentation to the audit notice. Additional fines, in amounts at the lower end of the guidelines set
forth by the Board, may be added where case file documentation indicates that the licensee also failed to:
(a) maintain the required insurance for the entire time period audited; (b) maintain insurance in the
minimum amountt required by statute; (c) list the DBPR/Electrical Contractors' Licensing Board as the
certificate holder, (d) maintain Workers' Compensation or the appropriate exemption for the entire time
period audited; (e) provide certificates for 14 hours of approved continuing education credits completed
during the audit period. The current administrative and investigative, but not legal, costs associ2ted with
prosecution of this complaint are a1.~o separately included in the Stipulation.
Please review the proposed Stipulation. If you choose to accept the terms, execute the Stipul~ition
before a notary .public and return it to the Department with your Election of Rights within 21 days of
service of the Administrative Complaint. It will be presented to the Electrical Contractors' Licensing
Board ~CLB) for approval. The ECLB generally requires proof of current statutory compliance before
accepting, a settlement stipulation as a resolution of an Administrative Complaint. The attached Audit
Stipulation Worksheet delineates the documents required for compliance. Once current compliance is
determined and the Board approves the settlement .*tipulafion, they will incorporate the stipulation into a
final order. You will be responsible for sending the fine to the ECLB within 30 days of)'our receipt of
the final order. If you choose not to accept the Stipulation and wish to dispute the factual allegations of
the administrative complaint, the Department will proceed with litigation and seek additional fines as
well as any additional costs incurred.
~ncerely,
.;ail Hoge
;enior Attorney
STATE OF FLORIDA
DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION
ELECTRICAL CONTRACTORS, LICENSING BOARD
DEPARTMENT OF BUSINESS AND
PROFESSIONAL REGULATION,
Petitioner,
CASE NO. 97-19777
THOMAS J. STIERS,
Respondent.
THOMAS J. STIERS, ("Respondent.), and the DEPARTMENT OF
BUSINESS AND PROFESSIONAL REGULATION ("Department,,), agree to the
following joint Stipulation and to the entry of a Final Order of
the Florida Electrical Contractors, Licensing Board ("Board")
incorporating this Stipulation as Final Agency Action in this
matter.
STIPULATED FACT,~
1. At all times material hereto, Respondent was a Registered
Electrical Contractor in the State of Florida, having been issued
license numbered ER 0010179.
2. Respondent was charged by an Administrative
filed by the Department and properly served upon RespondeDt with
violations of Chapter 489 Part II, Florida Statutes, and the rules
promulgated thereto. A correct copy of the Administrative
Complaint is attached hereto and incorporated herein by reference
as Exhibit 'A."
3. Respondent neither admits nor denies the allegations of
fact contained in the Administrative Complaint attached as Exhibit
STIPULATED CONCLUS~_Qy__~
1. As a licensed contractor, Respondent is subject to the
pr~;isions of Chapters 455 and 489 Part II, Florida Statutes, the
rules promulgated thereto, and to the jurisdiction of the
Department and the Electrical Contractors' Licensing Board.
2. The allegations contained in the attached Administrativ~
Co~plaint, if proven, constitute violations of Chapters 455 or 489,
Florida Statutes, and/or the rules promulgated thereto.
STIPULATED DISPOSITION
1. Respondent agrees to pay to the Electrical Contractors'
Licensing Board a fine of one thousand two hundred fifty dollars
($1,250.00) within thirty (30) days of the filing of the Final
Order.
2. Respondent agrees to pay to the Electrical Contractors'
Licensing Board costs in the amount of fifty one dollars and ninety
one cents ($51.91) within thirty (30) days of the filing of the
Final Order.
3. Payment of fines and costs shall be by cashier's or
certified check made payable to the Electrical Contractors'
Licensing Board. It is expressly understood that Respondent's
failure to pay the fines and costs as required by a final order
incorporating this Stipulation will constitute a violation of a
final order of the Board; in that regard, Respondent understands
that said violation will result in immediate suspension of
Respondent's licensure to practice contracting. Upon payment in
full of the fines and costs, any suspension imposed by Respondent's
failure to abide by the terms of the stipulation shall be lifted.
4. It is expressly understood that this Stipulation is
subject to the approval of the Board and the Department. In this
regard, the Stipulated Facts, Stipulated Conclusions of Law, and
Stipulated. Disposition shall have no force and effect unless a
'Final Order incorporating the terms of this Stipulation is entered
by the Board. It is also understood that. adoption of this
Stipulation by the Board and the filing of a Final Order
3 ~.~
incorporating the Stipulation constitutes disciplinary action,
pursuant to Sec. 455.221 (1) (f), Florida Statutes.
5. Should this Stipulation be rejected, no statement made in
furtherance of this Stipulation by the Respondent may be used as
direct evidence against the Respondent in any proceeding.
6. The terms of this Stipulation are made for purposes of
settlement only, and neither the Department nor the Board are bound
by those terms should Respondent reject or fail to execute this
Stipulation.
7. The Department extends the terms of this Stipulation for
twenty-one (21) days only; Respondent's failure to execute this
Stipulation within twenty-one (21) days from date of service will
be construed as Respondent's rejection of its terms, and the
Department will consider the Stipulation withdrawn.
8. Respondent and the Department fully understand that
execution of this joint Stipulation and its incorporation in a
Final Order does not preclude additional proceedings by the Board
and/or the Department against the Respondent for acts or omissions
not specifically set forth in the Administrative Complaint attached
as Exhibit "A" herein.
9. Upon the Board's adoption of this Stipulation, Respondent
waives all further administrative procedures in this matter and
4
waives all rights to seek Judicial review of or Otherwise Challenge
or contest this Stipulation or the Final Order of the Board
incorporating said Stipulation, or any part thereof.
10.
Upon the Board,s
Respondent agrees to bear his or her own
which may have resulted from defense
Respondent Waives the right
from the Department in
Proceeding.
adoption of this
Stipulation,
~he
attorney,s fees and costs
of this proceeding and
to seek any attorney,s fees or costs
COnnection With this disciplinary
11. This StiPUlation is executed by the .
PUZl°Ose of Final Agency Act' - Respondent for the
zon in this matt : .
· that DUrpose, Res~--~ er. in furtherance
~nuent authorizes the Board members to review a~
all investigative file materials c
'Prior oncerning Res o
to or in conjunct/on w/th their P ndent
S~i · COnsider ·
PUlatzon. Should th{, .~. . atzon of the
..... °=lPUlation be reject
ResPondent agrees that the - ed by the Board,
Stip~lation and - · -Oard,s Consideration of
associated documents and matter~ ~.~ ~s
- ""=a~ not Unfairly
or illegally prejudice the Board or any Board members from further
participation in or resolution of this matter.
SIGNED this , day of , 1998.
STATE OF FLORIDA
COUNTY OF
THOMAS J. STIERS
The foregoing instrument was acknowledged before me this day
of , 1998, by THOMAS J. STIERS, who is personally known
to me or who has produced as identification,
and who did take an oath.
NOTARY PUBLIC
My Commission Expires:
APPROVED this
day of
Richard To Farrell
Secretary
., 1998.
Gail S. Hoge
Senior Atto.-ney
By Delegation of the Secretary
GSH/waf
6
CM22 - Vet 01.03 Florida BPR Automa=ed Systems 03/18/98
COMPLAINT MANAGEMENT SYSTEM 15:12:27
........................ , COMPLAINT. COST SUMMARY ¢ .......................
CO~PLAINTNBR: 97197?7 COMPLAINANT'S NAME: DBPR/BOARD ELECTRICAL CONTRACT
SUBJECT'S NAME: STIER$, THOMAS J
PRIOR ACCUMULAT~D COSTS:
COMP~AINT:
INVESTIGATION:
L~JL:
...... COST TO DATE
HOURS COSTS
1.0 36.49
.5 15.42
.9 ' 34.20
2.4 $86.11
TOTAL COSTS TO DATE: $86.11
NEXT KEY: FASTPATH:
F1-H~L~ F3-CMS MENU F4-EXIT
· I B~T 199.250.21.49
F12-MAIN ~
EXECUTIVE SUMMARY
AI~ROVE CHANGE ORDER NO. 7 TO NCRWTP 8--MGD EXPANSION, BID NO. 97-
~90R, PR~ NO. 70~159/70828
OB3ECHVE: ~ the Board of County Commissioners, as the Ex- Officio Governing Board
of the Collier County Water Sewer District, approve Change Order No. 7 to improve reliability
of' the existing North County Regional Water Treatment Plant (NCRWTP) by removing and
replacing m~dergrou~! concentrate piping which is critical to the production of potable water.
CONSIDERATIONS: The Board of County Commissioners awarded Bid No. 97-2690R to
Miimlr ~on, Inc., in the amount of $13,684,984.90, on December 16, I997, agenda item
1605)(2). Change Ord~ 1 through 6 were approved administratively.
Change Order No. 7 is proposed to replace existing concentrate disposal yard piping which was
found to be defective after the on-going plant expansion project was bid and awarded. The nature
azd type of work is similar to, and in addition to, the work contained in the on-going plant
~on contract. Milmir ~oI1, Inc., provided a proposal to complete the work. Our
engilmerlng com~tmT~, Met~alf & Eddy OVI&E), reviewed the proposal. Staff, along with
lYrE, reeomme~ ~ of Change Order No. 7.
It is requested ~ the conm~ be revised as follows:
Original Contract
Sara of previou~ change~ (deduct)
Tlxis Change Order (add)
Revised Contract
Amount Days to Days to
Substantial Final
Completion Completion
$13,684,984.90 410 502
$(104,427.00) 17 17
$112,456.00 0 0
$13,693,013.90 427 519
(03/18/99) (06/18/99)
FISCAL IMPAq: Funds are currently budgeted for this project in:
Fum]:
Cost Ccm~.
Project No.:
411, System Development Fees
273511, Combined Water Capital Projects
70859, NCRWTP 8-mgd Expansion
GROWTH MANA~ IMPACT: None.
RECO~NDATIONS: That the Board of County Commissions, as Ex-officio the
Csovernlng Board of the Collier County Water Sewer District, approve Change Order No.7 to Bid
No. 97-2690R in the amotmt of $112,456.00 and authorize, the Public Works Administrator to
execute the Change Order.
Executive Smmmay
NCRWTP 8-mgd Expansion, Change Order No. 7
l~ag~ 2
PREPARED BY:
REVIEWED BY:
DATE:
Pet~' Schall~ PMP, Project Manager
Office of Cat, mi Proj~'ts Management
Rich Hellriegcl. P.E., hteHm D/rector~
Off, ce of C~hal Projects Mm~agement
Public Wofl:s Division
HI~KWB/kwb
~ent: Bid No. 97-2690R Change Order No. 7
CFL~NGE OKDER
TO: Milmir Con~mcfion, lnc FROM:
P.O. Box o~00-A
1617 Row~ Avenue
Jacksonville, Florid~ 32208
Project Name: NCRWTP - SMGD Expansie. n
Construction Agreement Dated: 12/16/97
Change Order No.: 7
Collier County Government
3301 Eas~ Tamiami Trail, Building D
Naples, Florida 34112
Bid No.: 97-2690R
Date:
Change Order Description: (AU~ch jus~i.ficatio~ ~..xl s'upp<x'fi~g documentation for this ch~ge.)
~ ~"A" - Description of changes md justification
.~ Anachm~mt"B" - Summa~ of Supportive Doc-~mion
$e~ copies of Supix~v~ Docum~tatio~ auacl'~l
Original agreement amount .................................. $13,684,984.90
Sum of'previous change orders amount ......................... $ (104,427.00)
This Change Order Amount [add] .............................. ~
Rev~d,4grcementAmount .................................. $13,693,013.90
~ Final
Original conu'aci time in calendar days ...................... 410 502
Adjusted number ofcalendar days due to presi3us change orders 427 519
This change order adjusted time is ........................ 0 0
Revised Contract Nme in calendar days .................... 4 2 7 519
Original Notice to Proceed date ........................... 01/16/98
Completion date based on original contract time .............. 03/01/99
Revi~d completion date ................................ 03/18/99
06101199
06118199
Yonr ~ oflhis chan~c ordcr s~all consticut~ a modification to our Agrccmcnt and will bc pcrfc)rm~ subject
to all lhc same tams and coadi6oas as contained in out Affrcemcat indicat(:d alx)v¢, as fully as if thc same ss-crc
r~',x~___~ in ~ acceptmx:~. Th~ sdjusument, if a~.', to this A~reeroe~t shall consfimu: a full and final se~ement o£
.any and all ddms of th~ Contractor arising out of. or rdat~d to. fl~e change set forth he, in. including claims for
P~e Schalt. PMP
Collier Coun~ OCPM
Rich Hellriegel, P.E., L~.t~.'rri OCP~ ~ir'cctor -
,~,~ OCPM
,/./.' ...,.z /~
~;-:_... ;:.:,,LL~ff.,. '&'a~-r Director
Public Works Divisioc
Ap~ I~.': Dale:
~ i'll, ~biic Werks Adminisu'ator
Pubik: Woda Di,,ision
(F~' Uss b~ Owns. F,,,xI: Cc~ C~t~
G. Fffms C'h~ ~ Masc,.doc itts4w101~
Object Co~: Pro~t Nc..
COLLIER COUNTY
NCRWTP 8-MGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-21728
CHANGE ORi~ER NO. 7
ATTACHMENT "A"
DESCRIPTION OF CHANGES AND JUSTIFICATION
Item No. Description of Change Cost (Credit)
1 Replace with HDPE pipe and fittings, existing underground $113,13 6.00
FRP concentrate piping from the north face of the Process
Building to injection wells nos. I and 2.
2 Substitute Schedule 80 PVC conduit for galva~'fized rigid ($680.00)
conduit on the new RO trains
Item No. Justification for Change
I Due to the recent history of pipe cracks and breaks involving existing
underground YRP Water Treatment Plant process mains, the County desired
to replace existing underground FRP piping, described in the Request for
Proposal, with HDPE pipe and fittings. I--IDPE pipe and fittings are being used
extensively in the 8 mgd expansion project at the WTP and the County desired
to remain consistent with the HDPE pipe material being utilized in other areas
of the project. The cost proposal was discussed and agreed on by County,
M&E and CDM staffat Progress Meeting No. 5 on May 12, 1998 and further
discussed and agreed on by CDM and the County Public Works Administrator
via phone call on May 13, 1998. On May 13, 1998, the County Public Works
Administrator decided and directed CDM to direct the Contractor (Milmir) to
proceed with the manufacture ofthe 16-inch dia. HDPE pipe for this proposal.
Use of HDPE pipe and fittings will enhance the structural integrity of
underground concentrate disposal piping which is critical to the W-iT
operation. It will reduce the potential for pipe failures and future
maintenance/repair costs.
2 The credit proposal for $680.00 was reviewed, discussed and agreed to by
County, M&E and CDM staff'at Progress Meeting #5 on May 12, 1998.
Installing Schedule 80 PVC in lieu of galvanized rigid conduit on the new RO
trains will be consistent with the Schedule. 80 PVC conduit utilized on the
existing R.O. trains in service.
COLLIER COUNTY
NCRWTP 8-NGD EXPANSION
County Bid No. 97-2690R
CDM Project No. 6295-2:1728
CHANGE ORDER NO. 7
ATTACHMENT "B"
SUPPORTIVE DOCUMENTATION
Change Order Document Description Document Date
Item No.
I CDM letter to Milmlr Construction requesting a cost 04/24/9g
proposal to replace the existing FPP concentrate piping
with HDPE.
I Milmir Construction cost proposal to CDM 05111/98
I Page 1 and 2 of 5 ofthe Minutes of Progress Meeting 05/12/98
No. 5 showing discussion by attendees on the cost
proposal
I M&..E Memorandum to CDM concurring with the 05/27/98
additional costs and recommending the additional work.
2 Credit proposal fi'om Milmir Construction to CDM 05/04/9g
suggesting use of'Schedule 80 PVC conduit in lieu of
galvanized rigid conduit on new 1LO. trains.
2 Page I of 5 ofthe Minutes of Progress Meeting No. $ 5/12/98
stating agreement by attendees on the substitution and
credit.
Camp Dres,zr & Md e Inc.
~ Tat941 574-7100 Fex:~41 5'74-747
April 24, 1995
Mr. Donald Klo~e
Vice Pr~dem
~ Conmuction, Inc.
P.O. Box 9400-A
1617 Rowe Avenue
Jacksonville, FL 32208
~rIA FACSIM]]-E
Re:
Collier County, Florida
NCKWTP 8-MGD Expansion
County Bid No. 97-2690R
CDM PN: 6295-21728
CDM Doc. No. 261
Request for Cost Proposal
As ~. ested by the County, please provide your cost proposal to furnish and replace, with
I-IDPE pipe and fittings, the existing underground FRP concentrate header force main
descn'bed below and as shown on as built drawings provided by the County, in accordance
with applicable requirements, conditions and technical details of the NCKWTP Expznsion
project. Contract Doeum~ts.
· Existing 16" FRP underground concentrate header fi'Em the north side ofthe
Proc_~s Building to each injection well.
· Existing portions of 14" FRP underground concentrate header that is currently
capped, from the north side of the Process Building to the 16" x 14" tee in the
concentrate header line to IW#2.
· Existing 8" cleaning solution drain (if it is FPP) from the Concentrate Pump Station
to the connection to the existing 16" concentrate header.
The ~ quantities ofpipe and fittings to be replaced will be based on verification of as
built conditions and limits ofexisting underground FRP. It is noted here that the removal of
the two 14' caps and installation of new 14" pipe between the capped ends (as sho~'n on
drawing C-I) are part ofyour original Contract Work and the new 14" pipe should also be
I.{DPE.
It is our understanding the County would appreciate a "ballpark" estimate of cost for budget
purposes as soon as porn'hie with a detailed cost proposal to follow. The detailed cost
proposal should include suffident breakdown oflabor, equipment and materials to allow
Donald KIo~e
April 24, 1998
Page 2
proper evaltmion. The County anticipates the replacement work and required plant
shutdcram to be scheduled as soon as the peak demand season ends.
We have enclo~ copies ofvafious as-buik drawings for the WIT, drawings for injection
well//2 rec~ved from 0CPM and part of Drawing C-1 for the NCRWTP Expansion project
for your u~e. Should you have any questions related to this request for proposal, please do
not hesitate to contact this off]ce.
c ,a,
AMS/mb
xc: Pete Sd~IL OCTM
J'm~my Ba~k, l~ilmir Feld O~ce
P,,O. Box
1617 Rows Ave.
PRO.W, cr: N. Regional WTP 8MOD Expansion
Camp, Dresser & Mckee, Inc.
g011 Vanderbilt ~ Road Ext.
Naples, FL 34108
[!. · ATTN: Adam Sobolewski, P.E.
~ ~. =;~ ,~ 1~: PCO To: CDM
Phone: (904) 765-2300
Fax: (904) 765-6494
DATE: 5/I 1/98
JOB: 9g01
CONTRACT NO:
l~u. UUU~A
From: NflLNfIRCO Number:. 000gA
'-.'.~il~lll[~.,~,a ~' i:~.-'
~ nmi denn~ soft, on dr~n p~pmg ~ HDPE pq~e and f~J.ngs.
not yet available in 14" st~ we tl~rt~ore hav~ based our proposal on using ! 6' HDPE to rrp~ace the existing 14"
i~ be~ed on the outage ~ m outlined m qgcification __~c~__ioa 01015. ~ III.F.. Ifthis wont can ye oc~e aunng one of
yOU may de~h~ct $11,013.00 from tl~ p~.
add~enal i6' HDPE before tt~.y complete d~s tun it co~ld be as long as 8 weeks unul ~ey retoo~ again to run ]o tt~r~ we wm need
your v~o~ approval m order this mainig no later O~n May 12, 1998, to make thc current run.
Unit Cost: $0.~
Unit Tax: S0.00
Lump Sum: $113,136.00
Lamp Tax: $0.00
Total: Sl13,136.00
UA¥ 18 ~
CAMP DRESSER & McY, E£
C{XLIER CO. fIELD OFFICE
l
COLt~R COUNTY
NCRW'I'P S-MGD EXPANSION'
Count), Bid No. 97.2690R
CDM Project No. 6295-21728
PROGRESS MEETING NO. ~
Tuesday, May I2, 199~
9:30 a.m.
o
Minutes of the previous meeting:
· No comments or exceptions were taken to the minutes ofthe previous meeting and
they were accep~ as written.
Contractor's report on progress since the prtwious meeting:
· Contractor provided typed outline of work completed and dism'buted. A copy is
alxached to these minutes.
Contract's foremst ofwork to be performed (30-day look ~head) in the period prior to the
next meeting:
· Refer to the 30-day"look aheaff' schedule provided by brdanir at the meeting. Copy
attached to these minutes.
· Also refer to typed outline of work proposed for the nex-t 30 days.
· Milmir also noted installation of 18" HDPE water main would begin where the new
16' HDPE transitions to 18".
· Pete Sch~ asked who would be reviewing the soRwaxe. Nick Cooper .said he, Frank
O'Ia~-z and Ted Sfilwell from M&E would be reviewing. Pete also asked that CDM
eonsid~ having Rich W'dkins (WM&^) reyi. 'ew soRwa~e also.
· pete adcecl that the rrembrane procurement be added to the 30 day "look ahead" and
said he would provide l~imir with the membrane procurement schedule..
Observations, Issues and Conflicts:
· #10 - Chlorine Room Double Doors: Milmir submitting shop rift. wings on aluminum
doo~ ~ l:n'evious discussion between M&E and Milmir. Nick Cooper (M&E) said
he would look at alternative materials for the~e doors based on corrosion concerns by
Randy Cral'ay.
· ~24- Spacing between raw water mains: 12" minimum spacing between pipes
established and agreed to by all attendees.
· ~5 - Membrane dement clarification - Response from M&E rec~.ived 5/I 1/98 and
distributed. Milmir asked when the membrane procurement package was
being bid and Pete Schalt indicated within the next sev~al weeks.
Outstancfmg PCO's
· ~ - Reduced bedding depth under HDPE pipe: M&E did not want to reduce tile
beckfmg depth specified (12") for a ca'edit It was agreed to stay with the 12" bedding
depth specified.
· #7 - RO train electrical raceway substitution - M&E did not object to substituting
$dedule 80 PVC for raceways on the RO train skids for the er~it of $680.00. All
1 ors
propo~ in order to have the pipe manufacturer make the additional 16"HDPE pipe
while be w~s still ~oled u~ to n~k8 16". Don Klose noted without approval today,
]6' pipe would not I~.m~~'~l ~ for ~other 6 to 8 w~.~s. P~e $c~t
directed CDM to call Ed Ilw.,hner (Public Work~ Administrator) and review the
~ proposal with him to expedit~ m tm'wet, lvfilmk to pothole the exi~Sag $"
~concemr~ drain to determine pipe material underground.
Milmir mggested using C-900 PVC with D.I. fitting as an alternate to HDPE. Pete
~id he would d'~o_ ~,_~_~ with Karl Boyer on using PVC and asked Adam to hold off
talking to Ed Ilschner until Pete go~ back to Adam. Peae indicated Karl Boyer i~fially
preferred HDPE.
· Outstanding propos~ subsfluigons or changes
· Revised ~e ~er No. 4 (~t of $1321.~) - in si~e ~de.
· Change Orger No. $ (credit of $$$,026.00) - in ggnature cycde.
· ~ Ord~ No. 6 (17 d~ time exter~ion ) - in signature cycle.
· Other ism~s
· Youngqu~ Brothers working bo~s - ~ said Youngquist had rna with
~ I)~'v~~ ~fl'm~d gotten approval to work 24 hours per day, 5 days
per ~ Milmir ~,o ~ Youngquist was prepared to pay ['or additional iaspe~on
by Misaimer, but needed to know the me. CDM reque.~ed a copy of written
approval from 1W. flmir who explained there was no written approval, only the
Youngquist reques~ letter. Pete. noted ifYoungquis~ is working 24 hr,/day, lVfilmk
must ~lso have a staff representative on site. Pete ~Iso noted he saw no reason to
work beyond the current schedule hours since there is no negative floaI in the
~lule. Pete decided the issue by denying the request to work 24 hfs per day unless
the work ~ falling behind. It was also noted the job was bid on the milestone
schedule ~ ~nd Milmir was currently on schedule. Pete further noted using ·
sec, oM fig w~s ~ ~ltemative which Don Klose said he was con~ideriag.
Bond & itmu'an~ application to change proposals - A bond ~nd insurance line item
~ with proposals was discussed. Pete Schalt explained and pointed out the
Contract Condition that no separate bond/insurance amount is to be mown on
pt'opo~ (~ or extna). It:in included in the Contractor's mark-up for.OHX'P.
New in.~um~nta~fl factory test.- Meeting scheduled for 1'.30 p.m. on 5/12/98 ia
CDM fidd oflie~ with l~tlmir, Philips Automation, M&E to discuss teeing
2o[$ " "'" i;""
CO. BID NO:. 97.2690R
C~M PN: 6295-21728
05/27/98 10:42 TX/RX NO.1923
P.O. Box 94OO-.*,
161'7 Ro~ Aw,.
~FI, 3220~
'lTrt.~'-: ~O. T~ EI~ ~ys
~~:N. ~~ ~ SMGD ~on
8011 Vamlerbilt ~ Road Ext.
Naples, FL 34108
Phone: (904) 768-2300
Faz: (904) 768-6494
DATE: 5/4/98
JOB: 9801
CONTRACT NO:
No. 0007A
Adam ~obolewski, P.E.
RE: To: From: Number:
01~ I~OPO~AL
'~'~ ~~ ~ ~ ~~ ~If~ ~c. we ~ ~ mil~ ~h~ule 80 ~C ~flduit ~ lieu ofgalv~ rigid
~.~ ~ ~~ ~ a ~k ~ ~ ~ p~ ~u~ will no ~ ~bj~ ~ ~osi~ ~ ~e f~ili~ ~.
Unit Cost:
Lump Sum:
Lump Tax:
Total:
$0.00
$0.00
(S6SO.O0)
$0.00
($680.0O)
APPROVAL:
Date:
Adam Sobolewski~ P.E..
r..'..' ' .:
!
.!
GULF STATES, INC.
Phone 941-26~'715"/
F~ 941-263-932l
161'7 Rowe
V'b~ Fa3;
4.sS.s P,'o,jr~ Aw:
Napics, 1~. 3~104
~ 04, 19~S
1-904-768"6494
NORTH REGIONAL WI'P 8MGD EXPANSION
4'c~ 7.4 '/4
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BrA Il ~9 ~'10
~ EZl)e~sion 11/20/~7
400.S1- *
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~ L2LT, ES TAX ~ 3504
460.51- ·
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7.88- ·
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2.t24
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t,,,,,o~M~ 04 15:56:19 1995
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22
460.51-
27.63-
27.63-
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178.5~-
178.5g-
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COLI2ER COUNTY
NCRWTP g. MGD EXPANSION
~ Bid No. 97o2690R
CDM Projo~t No. 6295-21725
~..~.
PROGRESS M'E~G NO.
Tuesday, May' 12, 1998
9:30 &m.
~ oft~e previous meeting:.
· No comnm~' or exceptions were taken to the minute~ oftl~ previous meeting and
they were s, zepted as writt~
Co~s report ~n prog~_.__~ since the previous meeting:
· Contractor prodded typed o~'u-.me of work completed and d~~ A copy is
smched to tbe~ mlnUte~.
Contractor's forecast of'work to be performed (30-day look a~e~') in the l:~C~d prior to the
next meeting:.
· Re~ to the 30=day"look ~ sc~edul¢ provided by ~ a~ the meeting. Copy
· Also ret'er to typed outline ofwork proposed for the ne~'t 30 clays.
· ~ also noted installation of 18' I-H3PE water m~ would beg~ where the new
16" HDPE tran~ons to I$'.
· Pete Schalt.~ who would be reviewing .t,Se so~w'~e. Nick Cooper ~d he, Frank
o'Fla~ andl~'~l S~weil fi'om tv~E would be reviewing. P~ also tsked ~ CDM
~d he would provide ~ w~th the membnne procurment
~dy ~y.
~ - ~~ ~d~g d~ und~ ~PE pi~:
EXECU'nV~ SUMMARY
RECO~ATION THAT THE BOARD OF COUNTY COMMISSIONERS
APPROVE AND ACCEPT THE TERMS AND CONDITIONS OF THE US ARMY
CORPS OF E'"N'~RS SECTION 404 PERMIT NO. 199602789(IP-CC) AND
THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION
CONSOLIDATED JOINT COASTAL PERMIT, SOVEREIGN SUBMERGED
LANDS AUTHOIZrzATION AND VARIANCE NO. 0128463-001-JC, A
COMlq~EHEIg~ MANAGEMENT PLAN FOR THE RESTORATION AND
ONGOING MANAGEMENT OF THE CLAM BAY SYSTEM AND TO
AUTHORIZE PELXCAN BAY SERVICES DMSION TO SIGN THE PERMITS
ON BEHALF OF COLLIER COUNTY
OILIECTIVE: That the Board of County Commissioners approve and accept the
terms and conditions of the US Army Corps of Engineers section 404 Permit No.
199602789(IP-CC) and the Florida Department of'Environmental Protection Consolidated
$oint Coastal Permit, Sovereign Submerged Lands Authorization and Variance No.
0128463-001JC, a comprehensive management plan for the restoration and ongoing
management of the Clam Bay system and to authorize Pelican Bay Services to sign the
Permits on behalf of Collier County.
CONSIDERATIONS: In 1996, Pelican Bay Services ietained a number of consultants
who had been charged to find the potential causes of the Clam Bay mangrove die-oS
develop a series of remediation recommendations that potentially would redu~ further
die-off and propose management protocols for h,ebitat restoration. The team was
additionally charged with assessing the feasibility of incorporating those findings into a
comprehensive management plan for the ongoing management of Clam Bay. The first
report recommended a management plan that would allow operational flexibility for long
term adminimation of the system. Initially, it was characterized as a Special Area
Management Plan or SAMP, but in further consultation with the Corps reviexv team, it
was suggested that Pelican Bay Services pursue a Section 404 individual Permit that
would be overlaid with the Plan. Since the State of Florida had no companion procedure
to a SAMP, this adjustment in the process was not seen as material and did. facilitate
administmlive review. In this format, an FDEP En,~ironmental Resource Permit (ER.P)
with ancillary rights related to the issues of'sovereign submerged lands was the companion
state vehicle to nahiev¢ this end.
The targeted goals went forward and were articulated to the Pelican Bay Services Division
Advisory Board as follows:
1. Restore the hydrology and efficient tidal flushing to Clam Pass and the interior tidal
2. Restore the habitat values of the Clam Bay ecosystem and diversify the same;
AU6 -
AUGUST
3. $~ti~ the ~tonnw~er diselm'ge, including irrigation and water quality requirements
n~ for the continued developmem of Pelican Biy, exploring how those might
be adjusted to ~wx. ommodate the needs of the Clam Bay ecosystem;
4. Consider the development of a Florida Yard and Neighbors Program to assist in
modulating irrigation requirements for the developed areas of Pelican Bay;
5. Devdop a contingency plan for the continued maintenance of Clam Pass and the
interior tidal meeks;
6. ~ the flood ~'tenuation values of the mangrove forest;
7. Continue limited hunmn intrusion imo the mangrove forest and under controlled
eireummnc ;
8. Devdop opev~ionfl protocols that allow the permit holder the flexibility to respond to
~ging dra.tmst~ees under defined parameters; and
9. Aeeeler~e the reveget~ion of the barren area by planting those species most
appropriate to the specific site conditions.
Throughout the process various versions of the Plan were reviewed and commented upon
by the Advisory Co~ until its' filing with the agencies in April, 1997. Several areas
of the Plan remained open to question during the permitting process and all of them have
been resolved. First, there w~ the concern expressed by all in the regulatory community
and others, that the Plan was inadequate in its treatment of freshwater inputs into the
system. In particular, two Federal commenting agencies (US Fish and Wildlife Service
and National Marine Fisheries Service) urged forcefully that the application should be
denied absent a ~ignificant up front reduction in freshwater inputs into the estuary.
Additionally, the City of Naples conditioned its willingness to allow access to the Seagate
culverts on the issuance of a permit comaining a mandatory requirement for both an
analysis and action plan based on the outcome of that analysis, relative to freshwater
inputs into the system. These matter~ were re~olved by providing for a series of studies,
one or more action plans, as called for by the study data would be implemented.
Additionally, Pelican Bay will use its best efforts to provide a broad .base of cor,~rnunity
Second, the~ wes concern over the methodology to be employed for both the dredging
m~d the disposition of spoils resulting from the dredging. The initial plan provided for the
~ of ~ is~ essentially uplands within the system. This was vigorously
resisted by the gendes various conservation groups and the Public. As a result, other
altem~ive~ were exlgored. Those included aerial spraying and off shore disposition
utilizing a eye. Jane ~u'~tor locmed on the beach. The first approach was not permittable
~nd the second would l~ve proved considerably more expensive than that which is
~pproved in the Permits. The Permits, as issued, allow for the disposition of "fines"
behind the dram line in an area located close to the mouth of the pass with beach quality
~ being deposited be~ the mean high and iow water lines dkectly into the Gulf.
Third, there w~ cormern about the scope of the dredging for the main channel.
~glfl~tor~ were concerned over both the depth and the width as well as potential
AU6 -
AUGUST 4, 199~
seeond~3r impacts on seagr~ses and navigational components. Ail issues were
~y resolved mad the Permit allows for the dredging of the main and ancillary
elmmxds as ~ in the Plan. A contingent mitigation plan exists to accommodate the
concerto over seagrass~ and navi~ion is administered by preserving the status quo.
Fourth, there w~ aiway~ a need to provide a mechanism for ongoing maintenance of the
system without the necessity for protracted and expensive review (i.e., permit review).
The Permits allow that to occur through a mechanism of notice and action that, while
affording the regulatory agendes management oversight, reduce considerably the level of
review thst would otherwise be required for full permit review. This should prove
workable with a normal level of adm~stralive and support documentation.
F'u~dx, there wa~ and remaina a concern over the level of required monitoring of restoration
outcomes. Tbe Phm inelude~ a ~rie~ of monitoring protocols that have been incorporated
into the Permits. However, one of the tasks of Pelican Bay Services will be to detail the
maure and extent of the monitoring and ~bmit it for review and approval. This task is
intended to suit its t~xls so long ~s the scientific outcomes are not compromised.
During the negotiation of these Permits, an additional permit has been required from the
City of Naple~ in order to alter the Seagate culverts. This has been accomplished with
both the City ~ tim lq~le~ Cay Homeownet~ Association allowing the commencement
~d completion of the m~tivitie$ n~ to perform that part of the Permits.
The lzDEP certified the project complete on February 22, 1998, after confirmation of the
tidal m~eh~e~. Publication of this Notice took place on June 12, 1998 and absent any
prote~ tbe Permit was rdeased on July 3, 1998. As an adjunct to this undertaking,
m~ negoti~,ions with both the Corps and FDEP for permit modifications to their
re~netiw Sp~eifl Conditions to more aramrately reflect the undertaking of the community
is included in this pmnit
Additi~, during tl~ proee~ The Remington, a condominium in Pelican Bay, filed a
Clmpter 120 F.S. dmllmge to the issuance of the FDEP Permits and which has been
mb~quently withdrawn. To accomplish that and included in the Board's authorization
tod~y, is a Consent Order elarif3ting certain matters affecting the operation of the of the
Portable Pump and Pil~ Permits previously issued by both the Corps and FDEP. The
imlr~'t of this effort by The Remington, while initially disheartening had nonetheless
afforded ~n oppommity to improve the operational flexibility of the Plan. For example,
tbe ~ Order ~e~ the FDEP Pump and Pipe Permit which expired in January,
1998 and allow~ tl~ Ioe~tion of the pumps and pipes as needed based upon the event in
question.
Finally, on July 21, 1998 through a ten (10) to one (1) vote, the Pelican Bay Services
Division Adviso~ Committee ~ecepted the FDEP and US Army Corps of Engineers
Permit and aufimdzed its' transmittal to the Board of County Commissioners for approval,t,~ .....
.o iB
AU6 - 1998
3
Pa ~ _
~ SUlvlMARY
AUGUST 4,
aceeptan~ and ~on to permit the Pelican Bay Services Division to sign the
Permit on behalf of Collier County and to effectuate the purposes and intern of the above
Permits and to implement and abide by the terms and conditions of the Consent Order.
lzI$CAL IMPAq: Pelican Bay Services and WCI have funded the permitting actions
necessary to obtain this permit and Pelican Bay Services has budgeted in Fund 320, Cost
Center's 183800 - 183806 the remaining funds necessary to implement the construction
protocols in the Permit. The anticipated expenditures for the remainder of Fiscal Year
1998 are $460,400 and the Budget Appropriation for Fiscal Year 1999 is $1,374,200.
However, this Permit is for a period of ten years and additional funding levels will be
required each year in order to implement the management protocols outlined in the Permit.
Pelican Bay Services does not have estimates available at this time relative to the fiscal
impact oftbe future tnara~ protocols outlined in the Permit and which will need to
be addressed in future years.
GROW'X~ ]VJANAG~MENT IMPACT: None
I~ECO~ATION: That the Board of County Commissioners approve and accept
the Terms and Conditi~ of the US Army Corps of Engineers Section 404 Permit No.
1996027890P-CC) and the Florida Depamnem of Environmental Protection Consolidated
Joint Coastal Permit, Sovereign Submerged Lands Authorization and Variance No.
0128463-4)01-1C, a eomprehemive management plan for the restoration and ongoing
adlxJ,-fi~h-ation of'the Clam Bay and to authorize Pelican Bay Services to sign the Permits
PREPARED BY:
.la~. Ward, Department Director
Pelican Bay Se~ces
DATE:
F.d ll.sctmer, Public Works Administrator
DA!'E:
AU6 -
DKPART/V~'5~'T OF TI~ ARMY PKRM/T
Pmnttt~
Coll~ Coumy, Pelican Bay Services Division
601 Laurd Oak Drive, Suite 605
Naples, FL 34108
Pemtt No.
U..q. Army_ E-L~neer District.
NOTE: Toe train"you" ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ P~ ~ ~
future wamferee. The tem~ "this office" refers to the aplrwpria~ dis~ct or divis/on office of the
Corps ofEnsineen havingjmis~ction over ~ penn/u~ activit3, of the ~ o/nciaJ of
~tt offu:e s:~ins under the mhod~ of the conm~nd/~ officer.
permit as Auac. hmmt "A~. Specifically, and not by way of limi~on, the Permittee is authorized
to proceed with ~e following
(I) Replaemm~ of~ Drive Culverts (pages 44 thwuih 49 of the CBRMP).
(2) Clan ~~~ ~ f~C~ 1, ~ 3, ~ 4 ~ 49 ~ 65 of~
C~. Thislmmitsultmdzes~imps~to 031 acre ofseagra~ habitat proposed by Cut 4.
0) Excavation and n~ntn~n~e of Int~or Tidal Creeks (pages 65 flxrough 71 ofthe
and de,ri'bed on atlnchM plnns numbexed 1996027879 (IP-CC) in 3g sheets, dated April .I.
199g, which a~ ~ to, nad made a part of, this permit as Attachment "B".
Project Lotion: In Clam Bay and the Gulf of Me~ico. Sections 4. 5, 8, 9, 32. 33. Township 49
PERMITT~: Collier County, Pelican Bay Services D/vision
PAGE 2
1. The time limit for _completing the work auth~ ends on . If you
fred that you need more ~ to ~lete the mxthodzed activity, submit your request for a time
2. You must ~ g~ aclivity ~ by this permit in good condition and in
coafommmm with th~ t~ms and conditions of this permit. You are not relieved of this
~ ityou abandon the ~ aclivi~,, although you may make a good faith transfer
to a third party in comp~ with ~ Condition 4 below. Should you wish to cease to
msiniain the amtmrized ~ or should you desir~ to abandon it without a good faith tramfer,
you must obtain a ~~on oftMs permit from this office, which may, require rr~to~on of
3. If you discov~ say ~ously unknown historic or archeological r~uains while
acoompligfir~ the activily auflmfized by this permit, you must !mrr,~_i_~ly notify this office of
wh~ you trove found. We will inig'"'""~e ibc Federal and state coordination r~lui-,~ to determine ii'
the nmmim warrmi a ~ effort or if~he site is eligible for listing in the National Register of
4. If you ~ th~ lwolm'ty asmciat~ with thh permit, you must obtain the signann~ and
mmlh~ ~rlress of the new owner inthe space provided and forward a copy of the permit to this
5. Ifa eondifion~ ~ quality certification has been is.sued for your project, you must
comply with the eomii~ spedfied in the certification as special conditions to this permit. For
your convenience, a copy of the c~rtilic~cn is aizached to, and made a party of, this permit as
6. You mus~ anow ~~ves from &i_, office to inspect the aulhorized activity at any
FERMrr NI.nV~EIU 199602789 tiP-CC)
PERMITF'a'~-: CoRter Com~, Pelican Bay Services Division
PA(YE 3
1. The pennittee agrees to submit semi-atmual ~ (these and all other rcl:~ shall be
stxnitted to U.S. Army Corps of~ Regulatory Division, Enforcement Branch, P.O.
Box 4970 Sactcsonvtl~ Florida 32232-0019 and shall rcfcxcnce the permit al~lication number)
~ six mon~ aftn' pmnit issuance indicating the stares of the project and shall
~lnde ~ following infomuttion:
Da~ ~ activity was begun; if work has not begun on-site, please so
eomp~ sm~ the pt~.v~ous r~x~rt or since permit was issued. Indicate on copies of
c. Bdefdesnipfion and ~ of work anticipad in the next six months. Indicate
on oopies of the permit drawings those areas where it is anticipated that work shall be done.
(2) The Petmit~ agrees to cor?ly with the components and time frames as specified within
the Clam Bay Restorsti~ Mana~nne~ Plan (CBRMP), which is auached to this permit as
Atmchm~ "A"o
(3) Th~ P~ a~ that all studies and repons conducted as a part of the
agrees that if Corps detmnims ~_,.,~~on of the studies objectives ~ necessary to
obtain the suaty's goals ~ appmpr!_~e changes will be made u) the dc-tails of ~he studies.
(4) 'I'ne Pemiu~ agre~ to submit to the Corps deufil~ drai~ of the study plans indi~ on
sheet II of 35 of the CBRMP for t~-wiew on or befor~ 120 days from the date of this'permit. The
Pennittee as~es that furtt~ augmentation of Study No. 1 (Stormwatcr Detention Volume ct
Warm' Budget Analysis) may be ~ _pe~_ ~-... review by the Corps.
A~ItOA, II:Dl,, .
AU8 -
PERMIT NUMBER: 199602789 (IP-CC)
PERMITrE~: Collier County, Pelican Bay Services Division
PAGE 4
(5) The Penn/u~ agrees to begin implementation oftbe studies will commence on or before
180 days from the date of this permit, and preliminary data compiled on or before three (3) years
from the date of this permit. The Petmiv. ee will provide ~ report of the studies to the Corps
for leview and appwval within 30 days of the completion of the studies.
(6) To the extent ~agge~xl by the data the Permittee agrees to develop a plan to reduce
uphad water discharges ~ the system. This plan or pl~ns are referred to as "Upland Water
Discharge Reduction Plans" (UWDRP) and must be submitted for approval by the DEP and the
Coz~ within 120 days following completion of the studio.
(7) Once the UWDRP is approved by the DEP and the Corps, the Permittee shall implement
tbe UWDRP in accotdam~ with its terms, but in no event later than five (5) years following
permit issuance unless a modifi~on to that time frame is agre~ to by the P~mitt~, the DEP
(g) Th~ Permitt~ ~ to ~ the monitoring report for the UWDRP and any noted
modifi~on~ or ~e ~ions neexied ~s required by the UWDRP. It is anticipated that all
~"tiviti~ de~n~ he~ ~ in Section 4.5.4 of the CBRMP will be completed within the ten
(10) year permit term.
(9) The Pemfiqtee agrees to provide ~ mitigation for the 0.31 acre of proposed
seagrass i?act ifree~ablishmem of those seagrasses lost as a result of the CBRM~
implementation has nat occurred in five years from'the date of the permit. This mitigation will
be accessed ~ in ~ with the Habitat Equivalency Analysis as proposed by the
Nmiomfl Oceanic and Ammsphefi¢ Administration Damage Assessment and Restoration
(I0) The Permittee agre~ that for any works associated to r~nourishment of the beach area the
follow~ng conditions will be follo~l:
AUG -
PI/RMn"TEE: Colli~ County, Pelican Bay Sa'vices Division
PAGE 5
a. All woz~ will occur ou~ide of the sca turtle nesdn~ season.
b. The standard numatee ~on condifio~ ~ ~ included ia any contract
lamed for ~he woga These comtitions are a~a~ched to, and made a part of, this permit as
c. Ail beach impact areas will be tilled to a depth of 36 inches after thc placement of
d. N~ive vegetation will not be dizturbed by the placement of fill.
1. Congrc~onal Authorities: You have been authorized to u~ler the activity described
above gmr, mn to:
( ) Section 10 of the River~ and Hatbor~ Act of I B~g (33 U.S.C. 403).
( ) Section 404 of the Clem Warn- Act (33 U.S.C. 1344).
()
Scion 103 of the Marine Protection, Research and Sanctuaries Act of 1972
(33 U.S.C. 1413).
2. Lim~ of this authoH~on.
a This ~ dom x~ot obvia~ the need to obtain other Federal, state, or local
b. This permit does not gram any property fights or exclusive privileges.
c. This pczmi~ dz~s not ~ any injury to the propa~ or fights o£other~.
3; Lhnks of Federal L'mbil/ty. In issuing ~Js Perm/t, the FeAeral Oovernmem does not
ss~une my.liability for the following:
AUG -
!
PERMIT ~EP~
l~l'rl~..
PAGE 6
199602789 CIP-CC)
Collier County, Pelican Bay Services Division
~. ~ to t~ ~ proj~'t or u~ ther~f as a result of other l:m-mittcd or
.~mitted activities or from ~ ~.
b. Damages to the permit~ project or use~ thereof ns a r~sult of ~t or future
a~vities undemln~ by or on behalf of the United States in.thc public interest.
c. Dmm~es ~o ~ propetW, or to other permitted or u~lm'mitted activities or
e. Dama~ clnkns associated ~ any f'unn-e modifi~o~ suspensio~ or revocation
of this perm
4. Re~ on Applicam's Da~ The ~on of this office tha~ issuance of this
permit is not contrary to the public interest was made in rdiance on the informztion you
5. Reevaluation of Permit Decision. This office may reevaluate its decision on this permit
at any time '.he ¢hcmnstan¢~ warrant. Ch'cumstances that could rcquire a rceval*~tion include,
l~t m'e not ~mlted to, the following:
You f. afl to comply with the terms and conditions of this permit.
b. The information provided by you in sugport of your permit application proves to
have been false, incomplete, or inacctcate (see 4 above).
c. Significant new infonn~on mtrfaces which tM~ of~ce did not consider in
readtins the original pubtic interest decisi:m.
Such a reevaluation may xesult in a determln~on that it is appropriate to use the suspension,
modif~:afion, and mvoe~on proeedm'cs cxnmfim~ in 33 CFR 325.7 or enforcement procedures
such as those ecarmined in 33 CFR 326.4 and 326.5. The referenced enforcement proced~s
provide for the issumace of an admizfisu~ve order requiring you comply with the terms and
eonditiom of your peffnit and for the initiation of legal actions where appropriate. You will be
requited to pay for any corrective ~ ordered by this office, and if you fail to comply with
such directive, this off3c~ may in certain situations (such as those specified in 33 CFR 209.170)
accomplish the ~ measures by contract or othesvise and bill you for the cos~
AUG -
PERMI'rI'EE: CoHJn' County, Pelican Bay Services Division
PA(~E 7
6. ~ Gennll conditi~ 1 establishes a time limit for the completion of the activity
~ by this permit. Unless ~ a~ ~ ~ either a prompt completion
of ibc amtxniz~ ~ or · reeval__,~_ 'on ofthe public ~ decision, the Corps will
tmnall,/give favo~le eomidn~on to a ~ for an extension of this time limit.
Yom ~ below, as penniIt~ indicates that you accept and a~ree to comply with the terms
(Please type or print name and title)
This permit becomes effective when the Federal of~cial, designed to act for the S~ of the
O:)tsuict
JOER. MILLER
Colonel U.~. Army
ATTAr, TOTAl, lNG
(Dat~)
PAGES
Department of
Environmental Protection
Twin Towers Office Boildin[
2600 Blair Stone Road
Taltahassee. Florida 32399-2400
Virginia B. Wetherell
Secretary
CONSOLIDATED JOINT COASTAL PERi, FIT
AND SOVEREIGN SUBMERGED LANDS AUTHORIZATION
FERMITTEFJA~HORI~D ENTITY:
Collier Cotmty- Pelican Bay Services Div.
do Ted Brown, Esquire
Aketman, Senterfitt, & Edison, P.A.
255 South Orange Avenue
Orlzndo, Florida 32801
PermiffAuthorization No.: 0128463-001-JC
(Previously 113049919)
Date of Issue: July 06, 1998
Expiration Date: July 06, 2008
County: Collier
Project: Clam Bay Restoration and
Long-Term Management
This permit is issued under the authority of Chapter 161 and Part IV of Chapter 373, F.S.,
and Title 62, Florida Administrative Code (F.A.C.). The activity is not exempt from the
recrairement to obtain a Joint Coastal Permit. Pursuant to Operating Agreen..:nts executed
between the Del:artment and the water management districts, as referenced in Chapter 62-113,
FA.C, the Deparlment is respons~le for reviewing and taking final agency action on this
This permit also constitutes a finding of consistency with Florida's Coastal Zone
Management Program, as required by Section 307 of the Coastal Management Act; and,
certification compliance with water quality standards under Section 404 of the Clean Water Act,
33 U.S.C. 1344.
Manage Florida's E'nironmenr and Naa:rat Resources" ~,g /o~I
This activity also requires a proprietary authorization, as the activity is located on
sovereign submerged lands owned by the Board of Trustees of the Internal Improvement Trust
Fund, pursuant to Article X, Section 11 of the Florida Constitution, and Sections 253.002 and
.253.77, F.S. The activity is not exempt from the need to obmn a proprietary authorization. The
Department has the responsibility to review and take final action on this request for proprietary
amhorizafion in accordance with Section 18-21.0051, and the Operating Agreements executed
between the Department and the water management districts, as referenced in Chapter 62-113,
F.A.C. In addition to the above, this proprietary authorization has been reviewed in accordance
with Chapter 253 and Chapter 258, ES., Chapter 18-20, Chapter 18-21, and Section 62-343.075,
F.A.C., and the policies of the Board of Trustees.
As staff to the Boanl of Trustees, the Department has reviewed the activity described s~n~zIt~
below, and has detexmined lhat the activity requires a Consent of Use for the use of those lan~,
AUG - tim
FDEP Permit No.: 0128463-001-JC
(Pr~vtonsly I1304991~)
Page 2 of 21
pm'suant to Chapter ~3.77, Florida Statutes. The Department hereby grants its Consent to the
permittee to use the sovereign submerged lands for the activities authorized in this permit,
provided all general and specific conditions, and monitoring requirements stipulated in the
permit are met by the permittee.
The above named permittee is hereby authorized to construct the work shown on the
application and approved drawings, pIans, and other documents attached hereto or on file with
the Department and made a part hereof. This permit is subject to the limits, conditions, and
locations of work shown in the attached drawings, and is also subject to the attached
General Conditions, Specific Conditions, and Monitoring requirements which are a
binding part of this permit. You are advised to read and understand these drawings and
conditions prior to commencing the authorized activities, and to ensure the work is conducted in
conformance with all the lerms, conditions, and drawings. If you are utilizing a contractor, the
contractor also should read and understand the,se drawings and conditions prior to commencing
the authorized activities. Failure to comply with all drawings and conditions shall constitute
grounds for revocation of the permit and appropriate enforcement action.
The applicant ha~ reque,sted a variance (VE-11-726) from Rule 62-4.244(5), Florida
Administrative Code (F.A.C.), which requires that a dredge and fLll mixing zone be no more than
150 meters in radius from the point of discharge or source of pollution. The applicant has
requested a mixing zone of up to 1,000 meters for the nearshore disposal of the beach quality
material. The Department intends to grant this variance requ~t per Chapters 403.201 and
403.938, Florida Statutes, and, Ch. 62-103.100, F.A.C. The requirements and conditions of
Variance No. VF.,-I 1,7~ m ~g with this permit and shall become requirements and
conditions of the permit. Activities authorized by this permit shall not commence until the
Final Order granting V~rlanee No. VE-I1-726 has been issued by the Department.
PROJECT DESCRIPTION:
The project is to.conduct activities to improve the hydrodynamics of, and thus restore and
manage, the Clam Bay ecosystem by conducting the activities in association with 'and specified
by the Clam Bay Restoration and Management Plan (CBRMP), which is attached to and made
15an of this permit as ARachment "A'. The Permittee is authorized to implement the CBRMP as
se, t forth therein. Specifuz. ally, but not by way of limitation, the Permitter is authorized to:
dredge appwximately 22,000 cubic yards of material from Clam Pass and resMcted channels
within the system; conduct periodic dredging of Clam Pass and the interior channels to maintain
the design depths; conduct minor, small charge blasting of the restricted interior channels;
replace three 24 inch diameter culverts along Seagate Drive with similar sized one-way flow to
the north culverts; deposit the beach quality material on the beaches adjacent to Clam Pass and
dispose of the fines on the uplands, kill and remove the nuisance exotic vegetation within the
the developed uplands; formulate an Upland Water Discharge'Reduction Plan with . .
FI)ET' Permit No.: 017.846~1-JC
(Protously 113049919)
Page 3 of 21
recommendations bared on the re,~lts of the studies; and, implement the Upland Water
Disch~e Reduction Plan in accordance with its terms.
PROJECT LOCATION:
The project is located in the Clam Bay Natural Resource Protection Area and surrounding
developments in Collier County, Sections 4, 5, g, 9, 32, & 33 of Township 49 South, Range 25
Eazt, Clara II water~, not approved for shellf~h harvesting.
GENERAL CONDITIONS:
1. AH activities authorized by this permit shall be implemented as set forth in the plans,
specifications, and attached drawings approved as a part of this permit, and ail conditions and
requirements of this permit. The permittee shall notify the Department in writing of any
anticipated deviation fwm the permit prior to implementation so that the Department can
determine whether a modification of the permit is required.
2. If, for any reason, the permittee does not comply with any condition or limitation
specified in this permit, the permittee shall immediately provide the Bureau of Beaches and
Cos.emi Systems (Bureau) and the appropriate District office of the Department with a written
report containing the following information: a description of and cause of noncompliance; and
the period of noncompliance, including dates and times; or, if not corrected, the anticipated time
the noncompliance is expected to continue, and steps being taken to reduce, eliminate, and
prevent recurrence of the noncompliance.
3. This permit does not eliminate the necessity to obtain any other applicable licenses or
permits which may be required by federal, state, local or special district laws and regulations.
This permit is not a waiver or approval of any other Department permit or authorization that
may be reqttiied for other aspects of the total project which are not addressed in this permit.
4. This permit conveys no title to land or water, does not constitute State recognition or
acknowledgment of rifle, and does not constitute authority for the use of sovereignty land of
Florida seaward of the mean high-water line, or, if established, the erosion control line, unless
h/rein provided and the necessary rifle, lease, easement, or other form of consent authorizing the
proposed use has been obtained from the State. The permittee is responsible for obtaining any
necessary authorizations from the Board of Truste~ of the Internal Improvement Trust Fund
prior to commencing activity on sovereign lands or other state-owned lands.
5. Any delineation of the extent of a wetland or other surface water submitted as part of the
considered
permit application, including plans or other supporting documentation, shall not be
specifically approved unless a specific condition of this permit Or a formal determination unde~o.~
· section 373.421(2), F.$., provides otherwise.
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
Page 4 of 21
6. This permit doe~ not convey to the permittee or create in the permittee any property right,
or any interest in real property, nor does it authorize any entrance upon or activities on property
which is not owned or controlled by the permittee. The issuance of this permit does not convey
any vested fights or any exch.qive privileges.
7. This permit or a copy thereof, complete with all conditions, attachments, plans and
q~ec'ifications, modifications, and time extensions shall be .kept at the work site of the permitted
activity. The permittee shall require the contractor to review the complete permit prior to
commencement of the activity authorized by this permit.
8. The permittee, by accepting this permit, specifically agrees to allow authorized
Department personnel with proper identification and at reasonable times, access to the premises
where the permi~ activity is located or conducted for the purpose of ascertaining compliance
with the terms of the permit and with the rules of the Department and to have access to and copy
any records that must be kept under conditions of the permit; to inspect the facility, equipment,
practices, or operations regulated or required under this permit; and to sample or monitor any
substances or parameters at any location reasonably necessary to assure compliance with this
permit or Department rules. Reasonable time may depend on the nature of the concern being
investigated.
9. At least forty-eight (48) hours prior to commencement of activity authorized by this
permit, the permittee shall submit to the Bureau and the appropriate District office of the
Department a written notice of commencement of construction indicating the actual start date
and the expected completion date.
10. If historical or archaeological artifacts are discoveTed at any time on the project site, the
permittee shall immediately notify the State Historic Preservation Officer and the Bureau.
11. Within 30 days after completion of construction or completion of a subsequent
maintenance event authorized by this permit, the permittee shall submit to the Bureau of Beaches
and Coastal Systems and the a~propriate District office of the Department a written statement of
completion and certification by a ncensea professional engineer registered in the state of Horidx
This certification shall state that: ail locations and elevations specified by the permit have been
verified; the activities authofa, ed by the permit have been performed in compliance with the
plans and specifications approved as a pan of the permit, and all conditions of the permit; or shall
de,scribe any deviations from the plans and specifications, and all conditions of the permit. When
the complete:! activity differs substantiany from the permitted plans, any substantial deviations
daall be noted and explained on two copies of as-built drawings submitted to the Department.
::i. J8 - 1998
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
P~ge 5 of 21
SI'gCIFIC CONDFFIONS:
1. Prior to commencement of the activities authorized by this permit, the permittee shall ensure
the following activities are conducted and information provided:
At least 30 days prior to each construction event, the permittee shall identify a qualified
biologist/wetland scientist(s) familiar with ecosystems of Florida and submit their
qualificatio~ Io the Department for approval. This individual will serve as the
supervising scientist tl~t oversees the biological components of this restoration project
and will halt construction if he/she suspects that violations of the permit have occurred.
b)
At least 30 days prior to commencement of construction, the "Proposed Scope of Work"
described in the Biological Monitoring section of this permit shall be submitted to the
Department for approval.
c)
Prior to commencement of construction, the construction plans and bid documents
showing the work area contemplated to be constructed shall be submitted to the
Department to be verified/approved by Department staff. Excavation work authorized by
this permit shall be administered in accordance with Specific Condition 1.(g) below. To
the fullest extent possible, fl~e smallest, lightest mechanized equipment and smallest work
areas ad~uate to conduct the activities authorized by this permit shall be used to
minimize adverse impacts to natural resources and the substrate where mangrove
regeneration is encouraged.
d)
Prior to commencement of each dredging event authorized by this permit, a pre-
consl~ction conference shall be held among the contractor, the owner or authorized
agent, the wetland scientist(s), the marine turtle permit holder, the USFW$, and a staff
representative of the Department to establish an understanding among the parties as to
the items specif'~d in the General and Specific conditions of the permit and the
Monitoring requirements. At least 10 days advance notice shall be provided prior to
conducting this meeting.
e)
The Permiuee shall submit the project specifications as required under Specific Condition
1.(g) below to BPSM for review and approval relative to the project specifications'
probable impacts on marine turtles, ff the type of dredge proposed has the potential to
adversely impact marine turtles as determined by BPSM staff, additional conditions to
protect marine turtles may be required by the Department as pan of this permit.
If blasting is pwposed, a blasting plan shall be submitted to the Bureau of Beaches and ~ ,~B~o~'~~
Coastal Systems and tl~ Bureau of Protected Species Management in Tallahas~ for ~,
approval at least 30 days before u~e proposed blasting event. Additional conditions relatin~
~o the proposed blas~g activities may be needed and added to this permit by the RU{~ - ~1 ~
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
Page 6 of 21
At least forty-five (45) days prior to the initial dredging event and any subsequent
maintenance dredging event authorized by this permit, the permittee shall submit to the
Department's Bureau of Beaches and Coastal Systems in Tallahassee detailed project
specifications, including but not limited to plan view and cross section drawings, which
detail the dredge and fill limits at the dredging and disposal sites, the method of
construction,and construction schedule, and a processing fee as specified by Rule 62B-49,
F.A.C. Additionally, the work area of the authorized excavation shall be clearly marked
in the field by the wetland scientist(s) to allow the Department staff to verify and approve
the location of the excavation. The Department may request additional information as
necessary in order to review each proposed dredging event. Written approval from the
Bureau of Beaches and Coastal System in Tallahassee shall be obtained before
proceeding with each dredging event. Department approval for individual dredging
events may be contingent upon the permittee's acceptance of additional conditions, such
as turbidity and/or water quality monitoring, which may be determined to be appropriate
based on data submitted to the Department in support of a dredging request or upon the
results of previous d_mdging.
2. The following conditions are reqtfired to minimize impacts to marine turtles:
No construction, operation, transportation or storage of equipment or materials are
authorized .seaward of the dune crest during the marine turtle nesting season (May 1'~
through October 31'~ ). This includes dredging of the main pass and disposal of dredged
material seaward of the dune ~ including the intertidal zone. The other activities
landward of the dune cz,',..st may be conducted during the marine turtle ne.sting season
p~:~vided the necessary meastnv~ are taken to protect marine turtles.
~11 material placed on the beach shall be sand that is similar to that already existing at the
beach site in both coloration and grain size. All such fill material shall be free of
construction debris, rocks, other foreign matter and shall not contain, on average, greater
than 10 percent fmcs (i.e. silt and clay) passing a No. 200 sieve and shall not contain coarse
gravel or cobbles (exclusive of shell material) retained by a No. 4 sieve.
F'fll material shall not exceed a 10:.1 horizontal to vertical slope and shall be placed below
MHW. If fill disposal results ia a barrier or depression in the beach profile that interferes
with marine turtle nesting, the permitt~ shall be required to remove that feature upon
m:luest by the Department
Repoas on all nesting activity is currently provided to the Department by Collier County
Department of Natural Re~tu'ce Prote~on. The Permittce shall ensure that the reports
prepared by the Collier County Department of Natural Resource Protection shall in[lurerS}
collection of data specific to the project area for the initial nesting season following the
IrDEP Permit No.: 0128463-001-JC
(Previously 113049919)
Pnge 7 of 21
completion of construction, and for a minimum of two additional nesting seasons, unless
waived as herein provided. Monitoring during the additional seasons may be waived if the
lm'mittee can demonstra~ that the fill material is no longer present in the project area, or
that turtle nesting the f'trat season post-construction was not adversely affected compared to
an appropriate control area. Monitoring shall include daily surveys and any additional
measures for tm'fie protection authorized by the Department. Reports shall be submitted to
the Departm~t in accordance with current protocols with the Collier County Department of
Natural Re~ur~ Protection, but as soon as practicable after the completion of all
monitoring activities, and shall include daily report sheets noting all activity, nesting
success rates, hatching success of all relocated and in situ nests, and names of all personnel
involved in nest surveys and relocation activities. Ail nesting surveys and nest relocations
shall be conducted only by persons with prior experience and training in these activities and
duly authorized to conduct such activities through a valid permit issued by the Department,
Division of Marine Resources, pursuant to Florida Administrative Code Rule 62R- 1.
If heavy equipment is required to transport equipment or materials on the dry beach
(above MHW), the path of the equipment will be tilled to 36' to avoid compaction
impacts prior to the following nesting season.
Visual surveys for escarpments or barriers along the project area shall be made
immediately after completion of the project and prior to May 1 in any year that disposal of
beach quality material is placed on the beaches adjacent to Clam Pass unless inspection of
the disposal area indicates that the dredged material has been removed by natural processes,
in which ease this permit condition shall not apply.
Resttlts of the surveys shall be faxed to the Bureau of Protected Species Management,
(850) 921-4369, prior to any action being taken. Escarpments that interfere with sea
turtle nesting or that exceed 18 inches in height for a distance of 100 feet shall be leveled
to the natural beach contour by May 1't. The Department shall be contacted immediately if
$ubsequemt reformation of escarpments that can interfere with sea turtle nesting or that
exceed 18 inches in Might for a distanco of 100 feet occurs during the nesting and
hatching season to de. tt~rnir~ th~ appropriate action to be taken. In each year where the
escarpment survey is conducted, a summary of the survey and actions taken shall be
Submitted to tim Department
g)
During the marine ttmle nesting and hatching season, all lighting associated with
project a~ivi~ landward of the dune crest and visible from the beach shall be limited to
the/mmediate area of aetiv~ construction only. Such lighting shall be shielded Iow pressare
sodinm vapor lighl$ to minimi=e illllmination of the nesting beach and ne~rshore waers.
Intbe evmt an unmazked marin~ agile neat or a dead, injured, or sick marlin turtle is
discovered ~ ~n ~~ ~ m~ ~e ~t holder and the Bureau
of Protec~ Species Managem~t shall be notified immediately such ~at appropriate
FDEP Permit No.: 0128463-001-JC
(Previously 113O49919)
Page 8 of 21
conservation measures can be taken.
3. 'l'ne following conditions ar~ required to minimize impacts to manatees:
The pennittee shall instruct all personnel associated with the project of the potential
presew, e of manatees and the need to avoid collisions with manatees. All construction
personnel are responsible for observing water-related activities for the presence of
manatee(s).
The perrnittee sh~l advise all construction 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.
c)
Siltation barriers, if used, shall be made of material in which manatees cannot become
entangled, ax~ prolm'ly secured, and are regularly monitored to avoid manatee
entrapment. Barriers must not block manatee entry to or exit from essential habitat.
d)
Ail vessels associated with the construction project shall operate at "no wake/Xdle" speeds
at all times while in the construction area and while in water where the draft of the vessel
provides less than a four-foot clearance from the bottom. All vessels will follow routes of
deep water whene~ possible.
If manatee/s) are seen within 100 yards of the active daily construction/dredging
operation or vessel movement, all appropriate precautions st~II be implemented to ensure
prote~on of the manatee. These precautions shall include the operation of all moving
equipment no closer than 50 feet of a manatee. Operation of any equipment closer than
50 feet to a manatee shall necessitate immedhte shutdown of that equipment. Activities
will not resume until the manatee(s) has departed the project area of its own vtlition.
Any collision with md/or injury to a manatee shall be reported immediately to the
Florida Marine Patrol at I-S00-DIAL FMP (1-800-342-5367). CollL-ion and/or injury
should also be reported to the U.S. Fish and Wildlife Service in Jacksonville (1-904-232-
2580) for noah Florida or Vero Beach (1-407-562-3909) in south Florida.
Teml;orary signs concerning manatees shall be posted prior to and during all
construction/dredging activities. All signs are to be removed by the permittee upon
completion of the project. A sign measuring at least 3 ft. by 4 ft. which reads
Caution: Manatee Area will be posted in a location prominently visible to water No.
related constmcxion crews. A second sign should be posted if vessels are assoc}~ _
with the constm~on, and should be phced visible to the vessel operator. The second
FDEP Permit No.: 012846.3=001-JC
~t~ 11~049919)
Page 9 of 21
sign should be at least 8 1/2" by I I" which reads Caution: Manatee Habitat. Idle
speed is required if operating a vessel in the construction area. All equiprntnt must
be shutdown ifa manatee comes within 50feet of operation. Any collision with
and/or injury to a manatee shall be reported invnediately to the Florida Marine
Patrol at 1-800-DIAL FMP (I.800-342-5367). The U.S. Fish and Wildlife Service
should also be contacted in Jacksonville (1-904- 232-2580)for north Florida or in
Veto Beach (l-407-562-$909) for south Florida.
h)
Permanent manatee istformational signs, such as those shown in the enclosed example
sheets, shall be installed and maintained at the canoe boat ramp at the southern end of Outer
Clam Bay following completion of the initial dredging event.
4. Pursuant to the Florida Department of State, Division of Historical Resources (DOS-DHR)
regulations, no heavy equipment, land clearing, or ground disturbing activities shall be allowed at
sites $CR476, gCR547, and gCR576, unless subjected to prior testing by a qualified
archaeologist and approved by the DOS-DHR. See the attached permit drawings for the
locations of these historically significant areas to be avoided.
5. The Clam Bay ecosystem contains waterways that are difficult to navigate due to shallow
water depths and meandering channels lined with protruding mangrove branches and roots. To
protect the significant natm'al resources and water quality of the Clam Bay ecosystem, and to
provide protection to the public safct~ (boaters utilizing these waters), there shall be an idle
speed/no wak~ restriction on motorized vesseh used in thc system (as stipulated in County
Ordinance No. 96-16). The existing restrictions placed upon boating activities within the Clam
Bay system by County Ordinance No. 96-16 shall remain active and enforceable for the life of
this permit. Additionally, two Florida Marine Patrol approved signs that state, "Idle Speed- No
Wake" and "Caution- Shallow Water and Natural Resources Present- T'flt Motor Up To Prevent
Prop Dredge- Damage to Natural Resources Subject to Fines, Pursuant to Ch. 370, F.S.' shall be
placed at the following locations following completion of the initial dredging event:
l) ~ within fig glltrallce of Clam Pass facing boaters entering the bays;
2) One at the entrance to Outer Clam. Bay facing north and easi/y legible to boaters
entering Outer Clam Bay;,
3) One at the entrance to Inner Clam Bay facing south and easily legible to boaters
entering Inner Clam Bay;
4) One at the entrance to Upper Clam Bay facing south and easily legible to boaters
entering Upper Clam Bay; and,
to
5)boatersOne withinleavingthe upperseagate.reaches of Outer Clam Bay facing southeast and easily legibl~o.~sa~nt~ I~
6. To pwtect the submerged natural resources (seagrasses and oyster beds) adjacent to th~ ~[JO - t~ ~58
channels to be dredged, weighted tm'bidity screens that extend to the bottom of the waterbodyp~_~.
FI)El' Permit No.: 0128463-001.JC
0'reviously 113049919)
Page 10 of 21
sl~ll be installed between the natural resource and the dredge to effectively isolate the natural
resource from the active d~dge and prevent adverse impacts to the natural resource via
suspended panicle settlement. The turbidity screens will only need to be phced on the down
ctm~nt side between tl~ natural resource and the dredge to assist the contractor in identifying the
si~ificant natural resource areas and to protect the natural resources from thc dredge and
temporarily elevated turbidity levels.
?. A minimal am0unt of trimming and removal of mangroves will be needed to conduct the
auth~ activities in the mmller interior channels. These activities are to be supervised by the
Deparlment approved wetl~ds $cienth! described in Specific Condition 1 above. To ensure that
the biological health and productivity of the mangroves are not adversely impacted to a
siL~mificant extent, the following mangrove trimming procedures must be followed, pursuant to
Sections 403.9321-403.9333, Florida Statutes. Only once-per-year trimming of the mangroves
needed to conduct the activities authorized by tl~ permit, and to maintain the canoe trails is
allowed; no trimming of mangroves to create or enhance views within this ecosystem is allowed.
Prior to trimming or removing any mangroves, the species of the trees must be identified and
tagged by a qualified biolo/ht, wetland scientist(s), or botanist and verified by staff from the
Departm~l's South District Office in Ft. Myers, or the Bureau of Beaches and Coastal Systems
in Tallaha,~ee. All trimmed mangrove parts greater than one inch in diameter shall be removed
and composted on the uplands to prevent further restriction of tidal flow within the interior
channels:
hive M~nzr. ove Trimmin~ Procedu~
a. Maxinmm Dlan~ter. No white mangrove tree with a single trunk diameter greater
than twelve inches dbh (diameter at breast height= the diameter of the tree at 4.5 feet
above the $ubstrate) may be top trimmed. No black mangrove tree with a single trunk
diameter greater than eight inches dbh may be top trimmed. No red mangrove tree
with a single tnmk diameter greater than one inch may be top trimmed.
b. Top Trtmm/ng. White and black mangrove trees within the specified trunk diameters
may be trimmed to a height of four feet above substrate. The limit of top trimming
for red man/roves within the specified trunk diameters is 6 linear feet above the
substrate. Top trimming shall not occur from May 1 through September 30. No more
than half of the canopy of the tree shall be trimmed. 1'4o white and black mangrove
trees le-_~ than 4 linear feet in height shall be trimmed. No red mangroves less than 6
linear feet in height shall be trimmed.
c. Removal of Lateral Branches- For white and black mangrove tree~, lateral branches
originating between four and fifteen feet above the substrata may be removed from a
trunk of any dbh. For red mangrove.,;, up to f'dty percent of the lateral branches
originating between six and fifteen feet above the substrate may be removed. .~t.~/~
multiple trunk trees, the trunk having the greatest dbh is designated as the pfi~llar{~d
trunk; om are designated aa lateral branches. ,-,,,-, ' ii
FDEP Permit No.: 0128463-001-JC
(Pr~vkmsly 113049919)
Pag~ 11 of 21
do
General Prohibitions-
1) No herbicides or chemicals may be used to alter mangroves.
2) No burning may be u.~d to alter mangroves.
3) No deliberate damage to pwp roots, pneumatophores, and regular root~.
4) No cutting of any mangrove that serves as breed/ng, nesting, or roosting area
for colonial water birch; or is used by endangered species, threatened species,
an~i species of special concern for breeding, or which is routinely used, by
endangered species, threatened species, or species of special concern, as listed
in Rule 19-2'], F.A.C., and 50 CFR 1'].11-12; or conta/ns a nest or nests of
protected solitary nesting birds as del'reed in Rule 39-12.002 or 39-27.002,
F.A.C., except where a permit has been iksued by the Florida Game and Fresh
Water Fish Commission, or, where appropriate, the U.S. Fish and Wildlife
Service, to remove the nest or nests.
Dead Man~'0v~ Trtmmin~ 9r Remgval Procedures
a. Due to the large numbers of dead mangroves within certain areas of this ecosystem,
up to 50% of the dead trees may be removed within the areas of massive die-offs to
facilitate recolonizafion by mangroves.
b. For public safety, all dead mangroves within 20 feet of the existing paved roads may
be removed.
c. Prior to removing any dead mangwves, the u'ees shall be inspected and tagged for
removal by the approved wetland scientist(s). Prior to their removal, the.se tagged
u'ees shall be approved for removal by staff from the Department's South District
Office in Ft. Myers, or from the Bureau of Beaches and Coastal Systems in
Tallahassee. The larger, sturdier dead trees suitable fcr roosting and nesting shall
remain.
d. Dead mangroves approved for removal shall be removed at the substrate level with
care not to damage or disturb surrounding, living vegetation.
e. The removed dead trees s-hall be eomposted or disposed on the uplands to prevent
funhe~ reslfictions of tidal flow x~v~thin the interior channels.
8. As part of the restoration and long-term management of this ecosystem, activities shall be
conducted to remove the nuisance exotic vegetation (including Australian pine and Brazilian
pepper) within the ~am Bay Natural Resource Protection Area. These activities shall be
conducted with the goal in mind to remove all nuisance exotic vegetation from the area with the
actual percentage of nuisance exotic vegetation not exceeding 1% of the total vegetated area.
When removing the nuisance exotic vegetation, care shall be taken to not harm the surrounding
native vegetation. Mechanical removal should remove as much of the roots of the exotic as
possible followed by hand removal, or chemical treatment of any suckers. If chemical treatm,
is used, only environmentally safe chemicals, such as garlon and roundup, shall be used with
special care taken to not spill/spray any in or on the water or native vegetation.
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
Page 12 of 21
9. Within seven days of completion of the authorized activities (including the mangrove
alterations, interior channel excavations, and removal of nuisance exotic vegetation) throughout
the Clam Bay ecosystem, the contracted crews shall retum to each work area and remove the
lrimmed branches and uees (dead uees approved for removal) greater than 1 inch in diameter to'
appro~a~e upland locations. The crews shall also regrade any spoil pile or berm that may have
been crea~ as pan o,f the excavation work, such that there is no impediment to sheet flow and
no crea~l uphnds as a result of the project
10. Small dm-ge explosives may be used to restore tidal flow in the interior channels where the
use of mechanized and hand-held equipment is not feasible. The areas designated for the use of
explosives shall be marked by the wetland scientist(s) and these marked areas shall be approved
by Depar~nent staff prior to the use of the explosives. The explosives shall be carefully placed
~md detonamt only in areas where their use will have minimal adverse impacts to significant
nalural resomx:es. A Florida licensed explosives expert shall install and detonate all explosives
associa~ with the project.
11. To develop a data set to understand the impact of freshwater discharge into the Clam Bay
ecosystem from the developed uplands, the permittee shall submit detailed plans for the
following prhnary studies within 120 days following permit issuance to the Department for
approval. These studies are designed to identify existing water sources and water needs, and
l:~'opese feasible methods to meet these water needs while concurrently reducing water
discharges into the Clam Bay ecosystem (see the Clam Bay Restoration and Manageme. nt Plan
for ~ deiai~ and specifics of each study):
Studv 1-
· Smdv 2-
Smdv 3-
Studv 4-
Studv 5-
Ve_~etation Analysis/Irrilation Reouirements;
Retarding Uvland Water Flows i~to Clam Bay;
Reducing Flow from Perimeter Berm Area to Clam Bay;
Orotultlwi~ter Howl;;
Utilization of Stormwater M~agement Lakes a~ $gurqe. for Irrigation; and,
any additional studies that may be needed io generate the information required to fully
unders~d the impact of freshwater discharge into the Clam Bay ecosystem from the developed
uplands. The s~udy plans shall include detailed descrip~ons and maps, activities to be conducted,
methods, and qualified personnel involved for each study. The permittee shall begin
implementation of the Department approved studies within 150 days following permit issuance.
12. The permittee shall conduct the studies required by Specific Condition No. 11 for up to
three years following permit issuance. However, if the data generated from the studies suggest
that additional data gathering will not materially aid the permittee and the Department in
understanding the impact of freshwater discharge into the Clam Bay ecosystem, the permittea..;Eso~,t~A
may request the Department for authorization to terminate one or more of the studies and prc~~t,
to the analysis and recommendation phase as described in the CBRMP and this condition. A~jG
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
Page 13 of 21
Following this study period, the permittee shall analyze the data gathered, formulate
recommendations based on the data, and to the extent suggested by the data: desi~tm a plan to
reduce water discharges into the Clam Bay ecosystem from the developed uplands ("Upland
Water Discharge Reduction Plan" or U'WDRP). If a UWDRP is required as a result of an
analysis of the data by the permittee and the Department, then the permittee will submit to the
Department's Bureau of Beaches and Coastal Systems in Tallahassee and the Department's
South District Office, in Ft. Myers the I..rWDRP for approval. Once the UWDRP is approved by
the Department, the permittee shall implement the UWDRP as provided for therein, but in no
event later than five years following permit issuance unless a modification or waiver of that time
frame is agreed to by the permittee and the Department. The implemented activities to reduce
upland discharge of water shall be monitored in accordance with the terms of the LrvVDRP
following completion of their implementation. It is anticipated that all activities described here
and in Section 4.5.4 of the CBRMP will be completed within the ten (10) year permit term, but
nothing will preclude the Department with the consent of the permittee, from extending the time
for implementation of any portion of the UWDRP if the interest of the ecology of the system
would be improved by doing so. The permittee will, as suggested in the CBRMP, implement in
connection with this permit a program of community involvement to help ensure the maximum
amount of community participation possible should the studies described in the CBRMP, and
required here, suggest the need for one or more LFNDRPs. In this context, the Department
recognizes that the decision to require one or more LFWDRPs will be dependent on the outcome
of the studies described in the CBRMP and required here.
The following time-table summarizes the anticipated schedule for the activities associated with
the studies required above:
ACTIVI~
Submit detailed plans of each primary
study to the Department for approval.
Begin implementation of the approved
primary studies.
Conduct the primary studies and gather
data.
Develop as required by the data one or
more "Upland Water Discharge
Reduction Plan" based upon resulLs/
recommendations of primary studies and
submit to Department for approval.
SCI-~.D~E
within 120 days from permit issuance
(anticipated to be October 22, 1998).
within 180 days from permit issuance
(anticipated to be December 22, 1998).
For up to 3 years following permit issuance
(anticipated to be July 22, 2001).
UWDRPs shall be submitted by April 22,
j 2003, to the FDEP and will be implemented
ll0o
-
FDEP Permit No.: 0128463-001-JC
(Pr~vlomly 113049919)
Page 14 of 21
Implementation and monitoring of the
"Upland Water Discharge Reduction
Pla/l".
Submission of monitoring report for the
"Upland Water Discharge Reduction
Plan" that includes any noted
modifications or corrective actions
To be completed within the permit term.
To be submitted in accordance with the term
of the UWDRPs.
13. 'rbe penni~ shall condua the studies, gather the information, and submit the reports
~/pulated ia ~he "Moniwring Required" section of this permit. If the monitoring reveals adverse
impac~ ~ve ocamed ~ a result of conducting the authorized activities, the permittee shall
cooperate with the Department to develop and implement such remedhYcontigency plans as may
be desirable to effectuate the purposes of this permit. The Permittee shah not be liable for
damages or costs resulting from adverse impacts to the ecosystem unless those ~.dverse impacts
are a direct and proximate result of the intentional or negligent act(s) of the Permittee in the
implementation of the activities authorized by the permit.
MONITORING REQUIRED:
1. Water (bmlity Monitoring
Thrbidity monitoring during dredging and discharge, and as nece.~ary prior to the removal of
turbidity control devices.
A. Dredge Site
~: Twice daily, at least four hours apart, beginning at least two hours after dredging
begins and continuing during the dredging activities.
Location: i~: At least 200 meters upstream of the project site outside of any
visible tufoidity plume, at mid-depth.
.C.,.~llll~Ji~g~: Downstream of the turbidity curtains which separate the dredge from
the t~,n_~al re~m~e~ on the re~o~ side of the curtains. When the natural
re. sotuce~ m'e more than 150 meters downcurrent of the dredge, the complia~
zone ~ be no more than 150 meters downcurrent of the dredge within
densest portion of any visible turbidity plume, at mid-depth.
FI)ET Permit No.: 0128463-001-JC
(Previously 1t304~)
Page 1~ of 21
B. Disposal Sites
R~lnenc~
Twice daily, at least four hours apart, beginning at least two hours after dredging
begins and continuing during the dredging activities.
~.~illl~: At least 200 meters upstr~u~ of the project site (in the nearshore
zone of the Gulf of Mexico) outside of any visible turbidity plume, at mid-depth.
~: At no more than 1,000 meters downstream of the discharge point in
the interfia__.l_ zone (between the mean high and mean low water lines) and 61
meters (200 feet) offshore (from the mean low water line), within the densest
portion of any visible turbidity plume, at mid-depth.
Ail monitoring data shall be submitted within one week of analysis with documents containing
the following information: (1) permit number, (2) dates of sampling and analysis; (3) a statement
describing the methods used in collection, handling, storage and analysis of the samples; (4) a
map ~dicating the sampling locations; and (5) a statement by the individual responsible for
implementation of the sampling program concerning the authenticity, precision, limits of
detection and ar. curacy of the data.
Monitoring reports shall also include the following information for each sample that is taken:
(a)
(b)
(c)
(d)
(e)
time of day samples taken;
tidal stage and direction of flow
depth of water body;
depth of sample; and
antecedent weather conditions.
'I'tg compliance locations given above shall be considered the limits of the temporary mixing
zone for turbidity allowed during consu'ucfion. If monitoring reveals turbidity levels at the
~omplianc~ sites greater ~han 29 NTUs above background turbidity levels at the
corresponding badground sites, construct/on activities shall cease Immediately and not
rtsunm until corrective measures have been taken and turbidity has returned to acceptable
levds. Any such occurrence shall also be immediately reported to the Department's office in Ft.
Myers.
Monitoring reports shall be submitted to the Department's office in Tallaha~,ee and to the South
manner constitutes
District Offsce in Ft. Myers. Failure to submit reports in a timely grounds
revocation of the permit. When submitting this information to the Department, please clearly~.
include, at the top of each page or as a cover page to the submittal: "This information
FDEPPermit No.: 0128463-001-JC
(Previously 113049919)
Page 16 of 21
provided in partial fulfillment of the monitoring requirements in Permit No. 012846~-001-
JC (Previously 113049919)."
Hydrographic Monitoring
To generate the data needed to adequately assess the potential impacts of opening up the
restricted channels o[ th, int~connect,d waterways as auth6rized by this permit, the
hydrographic monitoring program shall include the following:
Topographic surveys of Clam Pass and surrounding 500 feet zone. The surveys shall be
conducted immediately prior to and following completion of the authorized excavation.
Additional surveys of Clam Pass shall be required as often as the permittee seeks to
conduct maintenance excavation within Clam Pass or the main channel excavated pursuant
to this permit and identified in the CBRMP as Cuts 4A, 4B, 4C, and 4D. In such
circumstances, the survey produced shall meet the standards set forth in paragraph "B"
below.
b. Within seven (7) days of completion of the authorized excavation of the interior channels,
and thereafter as frequently as may be required for the duration of the permit, the enhanced
interior channels shall be surveyed at a minimum of 100 feet cross-sections to ensure that
the desired elevations have been attained. It is anticipated that these surveys will be
ini0~r__,Nl as and ~ it appears to the Permittee and its wetland scientist(s) that
maintenance excavation of these channels may be required to maintain the integrity of the
system. A copy of the survey, certified by a registered land surveyor, shall be submitted to
the Department as a part of a request for authority to conduct maintenance excavation
pursuant to Specific Condition 1.(g) above, or if the survey reveals no present need for
additional excavation, it will nonetheless be submitted to the Department as additional data
within thirty (30) days of completion of the excavation. Any survey submitted pursuant to
this section shall contain a note, based upon the surveyor's examination of the excavated
area which indicates whether the surveyed cross-sections reasonably reflect the site
conditions for the entire area excavated.
The pcxminee shall submit an engineering report and survey maps summarizing the
monitoring data and project performance to the Bureau within 90 days of completion of
each survey. The Rt>ort shall include an analysis of the sediment characteristics of Clam
Pass and any changes observed in the pass, identify erosion and accretion patterns along
the pass and adjacent beaches, and identify any adverse impacts which would be
attributable to the activities authorized by this permit. If survey data of the pass is
submitted it should be submitted on 3.5-inch high density floppy disk in an ASCII format
and the data shall be arranged according to the FDEP/DBS specifications so as to in~~
all of the information required by the FDEP/DBS specifications.
AUO -
FDEPPermit No.: OI284&I-OO1.JC
(i~evlously 113O49919)
Page 17 of 21
d.
Monitoring stations shall be established at representative sites (as shown on the permit
drawings as reflected in the CBRMP) throughout Upper, Inner, and Outer Clam Bay.to
record the following hydrological parameters:
1) time of day samples taken;
2) water temperature ('C and 'F);
3) depth of ~vater body;,
4) depth of sample;
5) antecedent weather conditions;
6) water quality, including salinity, silicates, nitrites, total organic carbon, chlorophyll,
phaeophyfin, pH, conductivity, dis.solved oxygen, total phosphorus, nitrate, nitrate
ammonia, Wtal kjeldahl nitrogen, and total dissolved solids;
7) sedimentation levels;
8) rsinfall;
9) tidal stage ami direction of flow;
10) other influential flows, such as groundwater and stormwater flows;
I I) wind direction and velocity; and,
12) identification of the sample location which corresponds to the number shown on
sampling location maps.
These analyses shall be made immediately prior to and following construction, and
monthly thereafter, with the exception of the water quality analysis (number 6 above),
which may be conducted on a quarterly basis. Staff gages shall be installed at these
stations in orde~ to measure the relative tide range at each station, in order to measure the
effect of the dredging on the tidal range, one station should be located adjacent to or
within the degraded mangrove area. This station should be equipped with a ti.,:'.e gage
capable of eontinnous readings of tide stage. The monitoring required by this section (e.)
will provide valuable data concerning the effects the restoration project is expected to have
on the hydrology of the Clam Bay ecosystem. This information is crucial for future
management decisions for this important natural resource, therefore, this monitoring shall
continue for the life of the permit. The data collected from this monitoring shall be listed,
analyzed, and submitted to the Department in annual Hydrographic Monitoring Reports.
3. Biological MoniMrlng
As required in Specific Condition l.b), at least 30 days prior to commencement of construction,
the permittee shall provide a"Proposed Scope of Work (PSOW)' from the Department approved
w,~dand scientist(s), or from another qualified environmental organization with experience
conducting resesrch on Florida's ecosystems. The PSOW will include a list of scientifically,.._. ~
accepted methods that ~ be conducted, and when, and by whom, to adequately assess the
Bay ecosystem (with a primax~ focus on the mangrove and seagrass communities) before ~.d_ . _
after the activities authorized by this permit are conducted. The PSOW shall include the AU~ _~
FDEP Permit No.: 0128463-001-JC
(Previously 113049919)
PaLe 18 of 21
following information plus any additional information or scientific methods deemed appropriate
by the contracted scientists:
a. Flight-dated aerial photography of the Clam Bay ecosystem before and after the activities
authorized by this permit are conducted. The aerials shall be taken during July of each
year and submitted to the Department annually for the duration of the permit The aerials
must be colol', vertical aerial photographs, controlled and rectified at a scale appropriate
for post-production digitilization and a scale sufficient to delineate differing habitat zones
and dominant ~ within each zone. The flight line shall include all of the Clam Bay
Natural Re.~urce Protection Area and the nearshore zone to at least 400 feet offshore
(from the mean high water line).
b. As concurrently as possible with taking the aerial photographs, ground-truthing activities
shall be conducted in areas of special concern within the Clam Bay ecosystem, including
areas of widespread dead and dying mangroves, Inner, Upper, and Outer Clam Bays, the
areas receiving water discharges from the uplands, and areas contiguous with the main
pass. The ground-truthing activities shall include the use of the latest accepted scientific
methods to rarvey the types of habitats of concern within the Clam Baj ecosystem,
including mangrove and seagrass dominated habitats. These surveys shall include a
listing of species present, percent coverages by species, size ranges and averages, and
overall health/biological trends for each fixed quadrat, transect, or plot studied.. These
surveys and any ~ated drawings/mapping shall be conducted prior to conducting the
dredging activities and once each year (in July) thereafter for the life of the permit.
c. Annual biological monitoring reports (BMRs) shall be submitted beginning one year
following permit i~uance. The fu-st annual BMR shall contain the time-zero conditions
of the Clam Bay ecosystem existing prior to commencement of the ~rmitted activities
and a progreu report of the activities conducted since permit issuance. Thereafter, each
BMR shall contain a progress report of the activities completed since the previous BMR
and all the data collected pursuant to a. and b. above. Each BMR. shall include graphical
representation and overlays of the collected data on computer generated drawings of the
aerials, and ground-level color panoramic photos of each study area at fixed stations.
The annual BMRs shall also contain an analysis of the collected data and make
conclusions and recommendations concerning the impacts the permitted activities have
had on the Clam Bay ecosystem based on the analysis of the data collected, including the
biological moaitoring data, the hyclroga'aphic monitoring data, and the water quality
monitoring data.
MONITORING SUMMARY:
Turbidity monitoring during construction; hydrographic/water quality monitoring of Clam Pass,
the interior waterbod~ the adjacent beaches, and the Seagate culverts; biological monito..s!~oL
mocimd with marine tame and manatee protection; and, long-term biological monitoringS/
the Clam Bay ecosystt~ via fixed vegetative and benthic surveys. ~Ul) - ~,
FDEP Permit No.: 0128463.001.JC
(Previously 113049919)
Page 19 of 21
COMPLIANCE TRACKING SUMMARY:
.. - Commencement of Activity Notice- Due at least 48 hours prior to commencement of
activity, per General Condition 9.
- Project Completion and Certification - Due within 30 days following subsequent
dredging events from a Florida registered engineer, per General Condition 11.
, - Preconstructlon Conference.. At least 10 days prior to commencement of activity, per
Specific Condition l.d).
- Msrine Turtle Monitoring Reports- Reports due annually that include compaction
measurements, escarpment survey results, and daily survey results, per Specific Condition
2.
..- Written Dredging Requests- At least 45 days prior to each event per Specifi; Condition
l.g).
- Mangrove Tagging Verification by Department Staff- Must be done prior to trimming
or removing any mangroves, per Specific Condition 7.
- Study Plans- Due within 120 days following permit issuance, per Specific Condition 11.
- Upland Water Discharge Reduction Plan- Due within 3 years following permit
issuance, per Specific Condition 12.
- Turbidity Monitoring Reports- To be conducted twice daily during construction and
submitted weekly, per Monitoring Required section.
- Water Qusllty Monitoring Reports- Due annually, per Monitoring Required section.
. - llydrographle Monitoring Reports- Due annually, per Monitoring Required section.
. - Biological Monitoring Reports- Due annually, per Monitoring Required section.
AGENCY COM1VIENTS:
Florida De_vartment of Community Affai ~rs- May 23, 1997- No objections.
Florida De_vartment of S~t_e- Division of Historical Resources- June 23, 1997- Provided specific
conditions to protect po~entially historic sites 8CR476, 8CR547, and gCR576.
City of N~le4- July 8, 1997- Supports the project.
PARTIF~ REQ~G NOTICE:
Mant, mve Action Grotto_. Inc.
Save the Ba,~s Association.
The Conservancy of Southwest Florid~
FDEP Permit No.: 0128463-001.JC
(Previously 113049919)
Page 20 of 21
Executed in Tallahassee, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTEL~ON
Deputy Secretary
furnished to:
Bob Brantly, Bureau of Beaches and Coastal Systems
Ion Iglehart, DEP- South District Office- Ft. Myers
Kalani Cairns, U.S. Fish and Wildlife Service
George Percy, Fl. DepL of State
Keri Akers, FI. Dept. of Community Affairs
Andre. as Mager, U.S. Dept. of Commerce
Susan Gray, SFWMD
Stacey Cowley, DEP, Office of General Counsel
Estus Whitfleld, Governor's Office of Environmental Affairs
C~ip Clough, U.S. Army Corps of Engineers
Mac Hatcher, Collier County Government
Collier County- Pelican Bay Services Division
David C. mggenheim, The Conservancy of SW Florida
Dan Spina, Save the Bays, Association
Kay Potter, Mangrove Action Group, Inc.
Hilburn Hillestad, Environmental Consultant- Arvida
Dorothea Zysko, Wilson, Miller, Barton & Peek, Inc.
Katen Moody, DEP- Bateau of Protected Species Management
$ohn lliff, National Marine Fisheries Service
Eric Staau, Naples Daily News
John Mac'kie, Becker & Poliakoff, P.A.
Pertnit Information Center
AUO - 6
FDEP Permit No.: 0128463-001-JC
(Prevlom~y tL~49919)
Page 21 of 21
FILING AND ACKNOWLEDGMENT
FILED, on this date, pursuant to Section 120.52, Horida Statutes, with the
artment Clerk, receipt of which is hereby acknowledged.
· Clerk Date
Rec~m__mended and written
~' pages alzacbed.
Department of'
Environmental' Protection
3900 Com~ Boulev-~l
T~ Florida 32399.3000
V~rgini~ IL Wetherell
Secreta~
$ui¥ 6, 1998
~'olm O. Mac'Kie, ~I
Becket &
3003 T,,,,~ TraiINorth
Ste. 210
Napte~ P. odda ~41o3
Re: OGC Case No. 98-1923 and Permit NOs. 0128463-001-3C & VE-II-?26
EacJosed please ~ three originals ofthe stipulation with attached consent order for your
review and slgnaixu-e. Please sign the orlghud stipulations and forward to Mi'. Ted Brown for his
~i8;natm~ By copy oftl~ lett~ l'm requesting that Mr. Brown'retum to me az soon az pom'bl¢
one :funy execaled odgiml stip,_,!_~_'_on and attached consent order. The other originals are for
your files. It is my und~ fi'om Mr. Rich Bray that the permits ~ be signed and issued
todd.
~ feel fi'ce to contact me ~ any questions at (850) 921-9639. Tha~ you for your
atte~on to this matter;
, Sincerely,
Senior ~ C~eneral Coun~
Fl~:c~
co:. Rich Bray, DEP
:
Conserve ond Manage Florida's Err~ronment and N .azural Resources"
AU8 - ~ BS8
~,,~..
STATE OF 17LO~A
O1~ ENVIRONMENTAL
REMINGTON ATBAY COLONY
COI~OMmXUM,~SSOC, INC.,
COXJ2ER COUIqI~ (l'elican Bsy Services
Division), aud In_,OliZDA DEt'AR~
OF ~,t~ vltcONM~2qT. AL lrRO~ON,
ltespondmts.
OC, C CASE NO.
9~-~925
ST]I'XH~T~ON.
Petitioner ~~0~ AT BAY COLO~ CO]qDO~ ASSOC., INC., and
Eespo~ ~ COUNTY - Pelican Bay Services Div~on ~ FLORA
DEPARTMENT OF ]~VIROHMt~TAL FROTECTION (Department) styulate as follows:
1. The part~ have n~reed to settle the above captioned matter based on ~ consent
&d~' attached ~ as P. zdu'bk A and Permit Nos. 0128463-001-JC and VE-11-726 issued to
2. Petition. w hereby voluntarily ~l~lraws its petition for adm~tivc hearing filed
with ttm Deparmm~ ~m Rme 22, I~S.
3. F..ach party shall b~ tesponsa~le for its own costs and attorney*s fees and waives any
right tl~ it may have agahist any other party for costs and attcrmey's tees associated wkh tl~
9.190 of th~ l:lorida Rules ~' Appetl~ ~ By exea~S th~ ~pulafion, each
wa~'= ~ ~8ht to ~uch ~ spp~ ~md to ~ny further notice oft~ risht~
~ohn CD. Mac'Kie, IE
At~omey for Pefilioner
BECKER & P~, PA.
~oo~ T,m~n~i Tm~orth, St~ 2~0
Sen~or ~ General Counsel
STATE OF FLOR]DA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
3900 Commonwealth Bouleva~'d
T_~U~_~?,ee, FL 32399-3000
lVlail Station 35
(SS0) 4SS-~7~0
DaI~:
2
AU8 - ~1 lg~
,,
BEFORE THE STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
SOUTH DISTRICT
In I~e Matter of an
Application for Joim Coastal
Permit/Water Quality Certification,
Request for V~iance ~
A~on to Use
Collier County - DW
DEP File No. 0128463-001-JC
Sub lands by:.
Colher County-Pelican Bay Services Divisi
do Ted Brown, Escluim
Akennan, Senterfitt & Eidson, P.A.
.255 South ,C~.. ge Avenue
Odando, Florida 32801
CONSENT ORDER
WH~t Petitioner, The Remington at Bay Colony Condominium Association, Inc.,
a Florj'da not-for-profit corporation has flied a Petition for Administrative Hearing pursuant to
120.57 F.S. seekin8 a review of the Consolidated Notice of Intent to Issue Joint
Coastal Permit, Consent to Use Sovereign Submerged Lands, and Variance; and
WHERE. AS, Applicant/Permit Holder, the Collier County Pelican Bay Services Division
and Petitioner have reached a settlement with regard to the matters raised in the referenced
Petition; and
WHEREAS, Respondent, the Florida Department of Environmental Protection (FDEP)
has reviewed the terms and conditions of the proposed settlement and finds the same to be
in the public interest and consistent with the intent of the Permit No. 0128~63-001-JC
(piteously 11304gglSI) & VE-11-726.
A~EROA ~
AU6 - lgg8
NOW THEREFORF, wilbur admission of the allegatic~ of the Petition, and before the
talcing of any testimony and without adjudication of any issues of fact or law, and upon the
consent of the parties hereto, it is hereby ORDERED AND DECREED as follows:
1. That portion of the Clam Bay Restoration and Management Plan (Attachment
tothe referenced Permit) designated as Section 4.5.5.1(c) shall be stricken in its entirety a~d
in its place shall beo~ed the following:
'The' Permit Holder shall assume the benefit and burden o'f the permits
previously Issued by both the US Army Corps of Engineers under Permit No.
199602789(LP-CC) and the Florida Department of Environmental Protection
(FDEP) under Permit No. CO-578. Both Permits allowed the installation and
operation of two portable hydraulic dewatering pumps and associated piping
to facilitate the draining of the Clam Bay mangrove estuary in the event that
excess stormwater did not drain sufficiently by natural measures and the
prolonged presence of excess water within the estuary might contribute to
additional stress or dieoff of mangroves within the same. The Corps Permit is
active on this date. The FDEP Permit has expired, but upon issuance of this
Permit will be deemed reinstated consistent with the terms and conditions of
the Management Plan.
It is the intent of the Management Plan to authorize the Permit Holder to utilize
both permits as a contingency response in those circumstances where the
agencies, in concurrence with the Permit Holder, conclude that existing water
elevations within the mangrove estuary are sufficiently high, and the natural
systems for timely discharge and tidal exchange sufficiently impaired, that
extraordinary measures are required to assist in draining the estuary, While it
is anticipated that the need for this contingency will be minimal, it is necessary
to have this,protocol available as one of the tools to use to help insure the
system can be drained in appropriate circumstances is important to the integrity
of th~ Plan.
Pursuant to the previously approved Permits referenced above, the Permit
Holder has installed two pipes and located two pads for placement of the
required pumps. In order to improve the operational flexibility of the
contingency system provide for here, the Permit Holder will, within ten days
following turtle nesting season (i.e. by November 10, 1998), remove 'the
existing pipes.
In the event that circumstances require the Permit Holc~er to use the
contingency provided for here, the Permit Holder will utilize flexible discharge
pipe that can be rolled up, relocated and removed from the beach area upon
completion of the drainage effort. The Permit Holder will be entitled to pump,
consistent with the requirements and limitations, as provided for in the
referenced Permits, the terms and conditions of which are incorporated here by
t99
reference. Further, the pumps required to conduct the dewatering operation
contemplated here shall be located with the advice and consent of the agencies
for each dewatering event giving appropriate consideration to (1) the ecological
needs of the system, (2) the costs of temporary installation and maintenance
during operation (3) the probable duration of the pumping and (4) the impact
on the humao environment by way of noise and proximity to housing. Every
effort will be made to minimize adverse Impacts on both the ecology of Clam
Bay ~r~d the human environment adjacent to the estuary, consistent with
accomplishing the fundamental purpose of draining excess water from the
2. Each of the undersigned representative of a party to this Consent Order certifies
that he or she is fully authorized to enter into the terms and conditions of this Consent Order
and to execute and legally bind such party to this document.
i
BECKER & POLIAKOFF, P.A.
Attorneys for Petitioner
3003 Tamiami Trail North, Ste. 210
Naples, Florida 34103
(941)261-9555
FlOrida Bar No. 0.549568
AKERMAN, SENTERFITT & EIDSON, P.A.
Attomeys for Collier County,
Pelican Bay Services Division; Permit Holder
255 South Orange Avenue, Suite 1700
Odando, Florida 32801
(407)843-78 F~)
Florida Bar No. 0110484
oo
DONE AND OilJ:)EI~D this
STATE OF FLORIDA,
DEPARTMENT OF ENVIRONMENTAL PROTECTION
day of July, 1998.
Division of Administrative Hearings
The DeSoto Buildins
230 Apalachee Parkway
Tallahassee, Florida 323993060
Rled with the Clerk of the
Division of Administrative Hearings
this day of July, 1998.
RESOLUTION NO.
A RESOLUTION ACCEPTING THE TERMS ,4.ND
CONDITIONS OF TKE US ARMY CORPS OF ENGINEERS
SECTION 404 PERMIT NO. 199602789(IP-CC) AND THE
FLOR/DA DEPARTME.WT OF EN'VIRON~'MENTAL
PROTECTION CONSOLIDATED JOINT COASTAL PERMIT,
SOV~REIGN SUBMERGED LANDS AUTHORIZATION AND
VARIANC~ NO. 012gg~001~IC, A COMPREHENSIVE
MANAG£MI:NT PLAN FOR THE RESTORATION AND
ONGOING MA.NAGEMEN'I' OF THE CLAM BAY SYSTEM
AND TO AUTHORIZE THE DIRECTOR OF PELICAN BAY
S~RVIC~ TO SIGN TIlE PERMITS ON BEHALF OF
COLLIER COUNTY
BE IT RF..~LVED, the Bosrd of County Cornmi~sioners of Collier County,
Flodd~ oo August 4. 1998. has upon motion m~de, seconded ~d passed determined to
appK~ and acr. ept the terrm and conditions of the following Perm~ and ~-raen~ and
to ratify and afl'rrm the entry of the Cortse~ Order (DEP File No. 0125463-001-JC) dated
· e 6* day ofluly. 199~. to.wit:
I. U.S. ACOE Section 404 Permit No. 199602789(IP-CC).
FDEP Con~lidated Joir~t Coas~ Permit. .~r~ereign Submerged Laad~
Authot"~ and Variance No. 012~463-001..IC,
BE IT FURTHER RESOLVED, that the instraments ref~e,~ed above are to be
attw. hed and made a pm of this Rexolution and Om the Director of the Pelican Bay
Services Division is I~eby authorized and directed to s~ek such further authorization as
may be required to effectuate the purpo~ tnd intent of the above Perrnit~ and Easements
and to implemeta and abide by the t~nu and conditio~ oftbe Con~t Or~.
~ R~olution will become effective immediately upon its passage.
day of August, 1998. after motion. ~'cond
DATEI~.
ATTEST:
D~qOHT F_ BROCK., CLERK
BOARD OF COUNTY COMMISSIONE. RS
COLLIER CO~, FLORIDA
Approved as to form and
~e~i vaff'~iency:
BY:
BARBARA B. BEP,.RY,
CHAIRMAN
AUG O
, EXECUTIVE SUMMARY
AWARD COUNTY BID NO. 9g-2830 TO ZEP CONSTRUCTION,
CONSTRUCTION OF THE NEW AIRPORT-PULLING ROAD
STRUCTURE AT JUNCTION IMMOKALEE ROAD.
INC. FOR
BRIDGE
~.~: To award a construction contract to Zap Construction, Inc. as thc
lowest and most responsive bidder for ali work scope under Bid No. 98-2830 for the
Airport-Pulling Road bridge project. An approval is required from the Board of County
Commissioners as the governing body of Collier County, and Ex-Officio as the
governing body of the Collier County Water-Sewer District.
CONSIDERATIONS: In accord with the Board directive of Iune 24, 1997[Agenda
Item No. 16(B)I], contract design services for the new Airport-Pulling Road br;dge
strncture were recently completed by Hole, Montes and Associates, Inc..
Environmental and operational permitting activities for the bridge structure and
utility relocation work are being finalized without major technical issues.
The project entered bid stage activities on Sune 14, 1998, and thc procurement
processes were fully administered in accordance with Collier County purchasing
policies. On the bid closing date of July 15, 1998, staff' received three (3) sealed
bids as tabulated below by work scope categories.
WORK SCOPE
CATEGORY
( i )Highway
(2)Bridge
(3)Signing/Markings
(4}Signalization
(5}Highway Lighting
(6)County Water Main
(7}County Sewer Main
TOTAL BID AMTS.
LOW BID
Zeu Const.lnc.
SECOND LOW
Better Roads. Inc,
THIRD LOW
Saltsman Const.lq~t
425,129.47 $ 420,110.85 $ 400,200.70
557,230.90 $ 617,508.75 $ 683,698.g0
15,108.51 $ 11,632.55 $ 14,611.55
48,523.50 $ 53,950.75 $ 48,129.25
14,980.55 $ 16,780.20 $ 14,730.80
171,797.50 $ 178,655.30 $ 147,490.00
28,261.00 $ 29,442.00 $ 24,190.00
S! .328~080.40
Sl.291,031,43
$1,333~051:I0
(Probable construction cost estimate by consultant with a 10% co:~tingency is
21,256,025.32)
Each of the three (3) bid proposals contained minor arithmetic errors which have
been corrected, and are reflected in the above tabulation of bids. The corrected bid
amounts do not change the standing/ranking of contractor bid proposals.
Executive Summary
Airport-Pulling Rd. Bridle
Pale Two
An evaluation of bids was performed by the consultant and also by staff. The results
under Bid No. 95-2[30 reflect a reasonably competitive pricinl structure for all work
scope categories. The Iow bid by :Zap Construction, Inc. is approximately $35,000 or
2.79% above the enlineer's estimate, and approximately S42,000 or 3.25% lower
than the hilhest bid submitted by Saltsman Construction, Inc.. Several factors are
attributable to each bid proposal amount being higher than thc engineer's estimate,
including: (a) peak construction market conditions; (b) higher roadway unit prices
due to reconstruction of pavements at a major arterial intersection; (c) higher
mobilization and maintenanc~ of traffic costs due to site constraints and trna'fie
conditions; and (d} overtime inspection cost of $26,$80 added by Addendum which is
not part of the consultant's cost estimate.
Zap Construction, Inc. is the lowest and most responsive bidder. This contractor
specializes in bridle and box culvert construction work, and has successfully
accomplished numerous prior contracts for Collier County and thc State of Florida
Department of Transportation. Staff recommenus that ali work scope under Bid No.
98-2830 be awarded to Zap Construction, Inc.. Thc contract time for completion and
final acceptance of the work is 180 calendar days.
FISCAL IMPACT: Contract costs under Bid No. 98-2830 include three (3) agency
fund sources:
Roads Impact Fees
Water System Development Charges:
Scw~r System Development Charges:
$1,090,972.93
S 171,797.50
$ 28,261.00
TOTAL BID AMOUNT:
The project budlet for fiscal year 1998 for transportation improvements ($790,000)
will need to be increased for contract award and construction purposes in the amount
of $410,070.2:2 which includes a 10% change order contingency. A Budget
Amendment is required to appropriate this additional amount. The project budget for
fiscal year 1998 for water main improvements ($110,000) will need to be increased
for contract award and construction purposes in thc amount of $78,977.25 which
includes a 10% change order contingency. A Budget Amendment is also required for
these additional funds.
The gross increase to the project, across all funding sources, would bc $489,047.47.
In addition, projected rilbt-of-way acquisition costs for this project in thc FY 9~)
Tentative Budlet will be $150,000 less than thc original estimate. Thus, thc net
increase to the project budget would be reduced to S339,047.47. The FY 99
Tentative Budsct will need to bc amended in thc applicable funds to reflect these
chanses in the project budget as well as in fund carry forward and reserves.
AUG n
Executive Summary
Airport-PullinS P.d. Bridse
PaSo Three
FISCAL IMPACT (Cont.~:
~For the sewer main work, there are sufficient available funds ($110,000) in thc
current year budget.
(I) Trans0ortati°u Im0r°vements~
- Cost: S660,000.00
Fund: 313 - Road Construction Gas Tax
1636'/3 - Surplus Gas Tax - Road Construction
Cost Center:
Project No: 6606'; - Airport-Pulling Road Bridge Improvements
Cost:
Fund:
Cost Center:
Project No.:
SI30,000.00
331 - Road Construction Impact Fccs (North Naples)
163650 - Road Construction
6606'/- Airport-Pullins Road Bridge Improvements
Cost: S410,070.22
FROM FUND 331 RESERVES TO:
Fund: 331 * Road Construction Impact Fees (North Naples)
Cost Center: 163650 - Road Construction
Project No.: 6606'/- Airport-Pulling Road Bridge Improvements
(2) Water-l~gin Irn_orovements~-
Cost: SI 10,000.00
Fund: 412 - County Capital Projects
Cost Cantor: 2'/3S ! 1 - Water Capital Projects
Project No.: 70850 - Relocato Water Main
Cost: S78,977
FROM ~rUND 412 RESERVES TO:
Fund 412: County Capital Projects
Cost Center: 273511 - Water Capital Projects
Project: 70S$0 - Relocate Water Main
(3) Sewer Main Im0rovements~
Cost: $28,261.00
Fund: 413 - County Capital Projects
Cost Contor: 263611 - Wastewater Capital Projects
Project No.: '/3941 - Relocate Sewer Main
W : The Airport-Pulling Road bridge project is
consistent with the Collier County Growth Management Plan.
AUG 0 N
Airport-Pulling Rd. Bridge
page Four
RECOMMENDATION: That the Board of County Commissioners as thc govcrnin$
body of Collier County, and Ex-Officio as the governing body of the Collier County
Water-Sewer District:
(I) Approve tho award of Bid No. 91-2t30 for thc Airport-Pulling Road bridge
project to Lei) Construction, Inc.;
:ii';i ~2) Direct the Board Chairman to execute the construction contract; and
(3) Approve two (2) Budget Amendments for transportation and water main
components of.,/~~..the bid~./~
~a~ A'. Ryzi~, P~E~.~__ MP, Project Manager O~~s~tal ~ects Management
'REVIEWED BY:
REVIEWED BY:
REVIEWED BY:
REVIEWED
,,..,,o..fo.//.,...:,
_~, .... /~,. ~-/,
w
Steve Ca~ell,
Purchasing Director
~ llschner, Administrator
Public Works Division
gse4.Swm. AJrl~rt-PuJ!iZl
Ob]~ That ~ Board of County Commissioners approve a budget amendment
rmognizing insm-ame claims from the parks and recre~on depamnem.
C,e~sJd~: Two e. Jutnge machines wer~ recently vandalized at Bayview Park, and a
lan'f wheel eJlair, a wheel chair designed specifically for the beach, was vandalized at
Barefoot Bea~ Staffimmediately contacted risk management who filed two claims. As
a result, tim claims were settled quickly end checks were received. Staff requests that
these claims be rmo?b,,~l a~ reve~ae ~o that these i~ns may be replac~ immediately
Fiscal Impact: Tbz imsur:mc~ company submitted two claim checks totaling $6,015.42.
This rev~nnm will b~ recognized by budget amendment in general fund, parks & other
property(001-156332) so tl~ damaged items may be replaced.
R~eommendafion: That time Board of County Commissioners approve the
budget amendment recognizing r~venue from these insurance claims
~ent of Psdts and Recreation
Reviewed m~4 ,,/I / ,
Depm'tment of'Parks and Recreation
Division oflMbli~ Services
Agend.~.
pg._
AUTHOI~r'MR STAFF TO PRO~ THROUGH THE REQUEST FOR
PROPOSALS (RFP) PROCESS TO S~.I.~.CT AN ARcHrrECTURAL FIRM
TO PROVIDE DESIGN SERVICES FOR A NORTH COI.T.~R. REGIONAL
LIBRARY TO BE LOCATI~ AT THE CORNER OF ORANGE BLOSSOM
DRIVE AND AIRPORT. PI.~ ]-rNG ROAD.
OB~ To provide fttll library ~vices in the most eflldent means possible to
the ~ sro~ing popuhtiou iu the County.
CON$1DF_RATIONS: 1, 1996 the Board of Cotmty Commi~ioners approved a plan
to d~elop larger, mor~ efficiently designed regional libraries to meet the comm,nlty's
futm~ library l~el of service standards. The Northern Regional is the £rst of two
such proposed facilities to b~ built over the next 10 years. The 30,000 square foot
facility is ~ to s~rve the 100,000 citizens who now and/or soon will occupy
northern Colli~ Comuy.
The site was selected after exhaustive property research by both the Real Property and
Library Delm'Unem staff. Properties were investigated along every main arterial
roadway in a target area of nearly 25 miles. The recommended location which
cmrrently serves as home to the Domestic Animal Services Department, provides
frontage exposure onto one of the County's main north-south road links. For a
regional library, visibflit7 and easy vehicle acce~ are aidcal for success.
In addition, the property is sufficiently l~;e to be able to ~ccommod~e not only the
propo~ libr~ but a one ~toty building of equ~ ~ foouge 00,030) ~s well;
lhould the County ever dealre to comstn~ a satellite government facility. The
e~, p~ir;,~ water nmmgement aad other support service designs of the library
~-eady phn for ~d ~'ommod~ a second building which would be envisioned to
~,chitectu~y mmh the Libmy.
FISCAL II~ACT: Outside of the cost ~socim~l with surf time which is estimated
to be roughly $I,000, there is no cost associated with the development md race of
aa RFP. The cost of the contract will b~ developed after a firm h~ been selected b~l
on its qtmlific~tiom ~ad aa agreement negotiated in keeping with the consuItant's
co iti e (CCNA).
GRO~I'H MANAG~ IMP~: The public library through the Growth
M~mgement Plaa is required to maint,~n .33 square feet of library spa~ per citizen,
Ir~.sed on weighted ~o~1 popul~tion~. Currently the county provides 84,052 square
feet of librm'y space ~rhich is sufficient to meet the projected population through the
year 2003. The construction of the proposed regional library is planned for that same
RECO~A~ON THAT THE BOARD OF COUNTY
COMMISSIO~ authorize staff to develop ~l issue an RFP for archir~.crur~
services assochug with a Regional Library to be locaed ~ the corner of Orange
Blossom Drive and Airpon-~ Road, select the most qu~ied firm, ~d fm~lly
negoff~ a cnntr~ which will be brought back for County Comm;~ion review and
AI~V~Lrl 'IVNOI~)i~I I-LI~ON
II
i"ILHilIii~
LJIIIill
OllllllitlFIlllIlillrt
lllllllliUliiJliiilU
EXECUTIVE SUMMARY
OF A FIR:S'T AMENDMENT TO LAND LEASE AGREEMENT BETWEEN COLLIER COUNTY
MOBIl. NET OF TAMPA, INCORPORATED.
Approval of a Fimt Amend~ to Land Lease Agreement between Collier County Board of
C,¢mlmts~3nem arid GTE Mobilnet of Tampa, I~, whose successor in interest by merger is
The Board of County Commis,.Nonem on October 24, 1995 entered into a Land Lease
Agreement wllh GTE Mobilnet, Inc. ('GTE"), for purposes of allowing GTE to install, construct, and operate an
~'antenna support stnmflJm, ~ radio and ~ combh~ations equipment at a County-owned site located
Off ~ Rc~ ~n Immokalee.
"~'~ the ~ the Land Lease ,~ was ~ to the Board of County Commissioners, the appropriate
:;;:exhibits were tnadvertent~ excluded from the executive summary package. The exclusion of the exhibits
were ~ upon such time a~ GTE requested the Board's consent to a Sublease Agreement with the South
Fiodda Water Marmgeme~ Dislrkt In order to provide all parties a filly executed Land Lease Agreement with
appropda~ exhibits, a First Amefldment to Land Lease Agreement has been prepared and executed by GTE.
County AEorney's Ofrme has reviewed and approved the attached First Amendment to Land Lease
:!RECOMMENDATION: That the Board of County Commissioners approve the First Amendment to Land
;., ,~. ~_ ~8~ ~rl~m~ ~h OTE Mob~ln~ of Taml~l, I~, who~ suec~.q~ in int~r~-'l by me.er i~
· . .Wireless of the Sou~ Incorporated and autlx3dze its Chairman to execute same.
PREPARED BY: Sandm~ DATE:
DATE:
' ,. REVIEWED BY:. ~
~dormation Technology Director
DATE:
FIRST AMENDMENT TO LAND LEA~E AGREEMENT
THtS FIRSt AMENDMENT TO LAND LEASE AGREEMENI: entered into this . .. day of
.
1998 at N~ Coflbr County, FlorJd~ by and between GTE MOBILNET OF TAMPA
INCORPORATED, wtxM successor In interest by merger Is GTE WIRELESS OF .THE SOUTH
~TED, wi~ office/at ~00 North VVastshom Boulevard, Tampa, Florida 33609, hereinafter
referred to as "TENANT', and COLLIER COUNTY BOARD OF COUl'~rY COMMI~ION~S, whose
maling address is 3301 Ea~ Tambami Tml, Naples, Flo~a 34112, hereinafter refen'ed to as
WITNESSETH
IM-IEREAS, I~ TENANT and LANOL~ have ~ entered in~ · Land Lease Agreement dated
Oclob~ 24,1995;
WHEREAS, the TENANT taxi LANDLORD are Casimus of amending the Land Lease Agreement; and
NOW~E, in ¢oa~d~ of the covenants and agreements 1:~3vlded wlhin the said Land
Lease Agreement dated ~24, 1995 aM Ten Dollars ($10.00) and other valuable consideration, the
Said Land Lease Agreement is hereby amended as follows:
1. E~iblt'A', E~bit 'B', E,~hl~ 'C' and Memorandum of Lease previously attached to the
Land Lease Agreement m~ lmmby deleted in their entirety and the attached Exhi~ 'A', F..~ "B', E. xh~it
2. E~e~ as ~ pm~ed herein, the Land Lease Agreement between GTE Mob~net of
Tampa Incorporated and collier Count~ Board of County Commissioners for the utJization of the Prembes
described in ~aid Land Lease Agreement dated October 24, 1995 remains in full force and effect according
to ~he terms and cond't, kx~ c~ontatned therein, and Mid terms and condiOons are applicable hereto e:~.ept
m e~pfas~ ~ Mhenvise heroin.
IN WITNF.8~ WHEREOF, the TENANT and LANDLORD ha~ hereto e.~K:uted thb F'rst
Amer~lment to Land lease Agreement the da,/and year first al3o~e wrtten
A~ TO THE LANDLOI~3
ATTEST:
DV~.,HT F... BROCK. Clef
BOARD OF COUNTY C~IONERS,
COLLIER COUNTY, FLORIDA
By:. By:.,
, Deputy Cl~
Barbara B. Ban,j, Chairman
· "J~J~ael 6. I-larlman ~
Preside- Flodd~ &Gulf Coast Re~on
_ The forego~ Firli~mef~ to Lsnd Lease Agreement was 8cknow~edged before me this
~{~;P~m_.~[~~m~--, 199~, by &~::h~el G. ~man as President - Florida & Gulf Coast. Re~bn, who
I~_~~__.~~_.~~ wl~ produced [type of ide~tion] .s k~entifica~n.
I:~ Name of Notary
Serial/Commission ~ £ ~ L,' L~ I ~ 0
lay CofluTtiSsion
EXHIBIT A- IMMO~EE TOWER SITE PLAN
STOCKADE ROAD
ROAD
BCX)T CAMP
OBSTACLE COURSE
2
4
! - 274 FOOT TOWER
COLL[EN. COUNTY' EQUIP~ SHELTER (HOUSE)
LEE COOP EQUIPMENT SHELTEK fi-lOUSE)
O'rE MOBILNET SHELTER (HOUSE)
2~0 GALLON PROPAN]~ TANK
LEGAL
· 3301
{PaVe I o~' 2)
OI~I~IC~, 01~ CAPITAL
EAST T~I ~L ~L~, ~ORIDA 3~112
(941~ 774-8192
DESCRIPTION (_NOT A SURVEY).
PROJECT NO,
PROJECT PARC['L NO,
TAX PARCEL NO.
~O AT TIIB i'4OR"TI~ CORNER OF SF..CTION I S, TOWI, GHIP 4'7 SOUTI I.
RANGE 29 ~, COLDER COUNTY, FLOgJDA; THENCE NORTH ~4 DEGREES 2!
~ 46 SECONDS ~ ALONG TIlE HORTH LINE OF SECTION IS, A DISTANCE
OF I3S3.6~ ~ ~ SOUTI! 4 DEGREES I I MfNU~.S Il SECONDS EAST, A
DI~'TANC~ OF lO.73 lrER'T; TIlBNCE NORTI{ 15 DEGREE~ 23 MINUTES 27 SECONDS
EjI~'1", A DIL'TANC~ OF 19.~$ FEET TO THE POINT OF BEGINNING OFTHE
CENTE3U. IN[ Glt A ;*l~'l ct. ri ( I ~') FOOT W~DE ACt'S_ -_q-_· F.A~IgvlBNT; TIlBNCE
ALONO THE C~3q'I'E3U,JN~ OF SAID FIFTEEN (IS*) lrooT WIDE ~THE
lq~LLOWIN(} ~OHT (I) ~ ~XJTH 10 DEOlaP?-_q 40 MINUTES OI SECONDS
BA~T, A DI$'TANC~ OF ~7.69 FERT; THENCE SOUTH ~ DEGlt _;?$ 40 MINUTES 20
~ BAST, A DISTANC~ O~ .~.et FEET; THENCE ~d~OTH 2 DEGREES 3 !
D~ 21 MINUTE~ 4S ~..,CONDS EAST, A DLSTANC~ OF 102.28 FEET; THENCE
~OUTII 6 DEORI~ 2~ MINLrTES 13 SECONDS EAST, A DISTANCE OF ?6,19 FEET;
TIII~NC~ IOUTII e DEORrm-e S9 MINU'TE~ 24 SECONDS EAST. A DISTANCE OF 46,'/4
r uu~r, TllBNC~ ~:X/TII 9 DEOREF.~ OS MINUTE~ 40 SECONDS WEST, A DISTANCE OF
~9.?! re. ui;'Tl'lBt~ ~OUTll 4 DEGREF~ I i MINUTES 11 SECONDS EAST, A
DISTANC~ OF 19.E'/FEL~T TO TIlE POt'NT OF TERMINATION.
BA~$ OF ~ I$ TIm NORTH ~ OF SECTION I S OE1NO NORTH IH DEGRr:. -ES
PARCEL I)d'1"~VR"
PIIOFESSK)I, IAL LAND
OFFICE OF CAPITAL PROJ£CT.
COLU~R COUNTY GOV~NM£N
(Page 2 of 2)
OPPICff OP CAPIT'AL PRO$'~CT$
3301 EAST TAMIAMI TRAIL NAPLES, FLOr'dDA 34112
(941) 774-8192
~v. CBRNCR
SEC. 15, TVP. 47 S.,
R~G. 29 E.
$.04'11'18'
80,73'
SKETCH OF DESCRIPTION
sTDCKAIII~
?_."
:.06'40'20'F..,
58.49'
15' EAS£NENT
98,84'
LO3*21'45'E.
1oa.28,
76.19'
46.74' '.
%$(
59.71'
S.04*II'I8'E.
89.67'
VEST LIN~ OF TH~---~..
' N.~ 1/4 ~ THE N.V.
1/4 DF' SEC,
47 S., RGE, 29
G[NE:RN. NOTES
1)
2)
3)
4)
5)
6)
7)
8)
99.50'
-7.50'
30,15'
15.00'
P~C Irxacates Point or Co~encenent
P.O.B. IndlcGtes Point oF Beglr~ln9
Sec. indicates ~ectlon
T~p. Indicates Township
Rge, Indicates Range
30.15'
R/V InclIc:G'tes Right-oF-way
Mt distances are In ~eee.t end decInais thereof
BosIS of' bearqngs Is the Noe'~h tine o,e
Section 15 being N.85'SB'46'F~
Not voUd un(ess sl~ned and seated with the embossed
seat oF the pr'oFesslormt land surweyo.
THIS IS ONLY A SKETCH
NOT TO
SCALE 03-16-98 PR-IMT~/R
Lg'II'E.
9.50'
28.00'
40~.
S.86'P..4'
AUU 0~ 1556
Site: lmmok~lee
EXHIBIT "C'
(utility easement)
DEEME*D NOT NECESSAP. Y
Site: ImmokaJce
STATE OF FLORIDA
COUNTY O~ COLLIER,
MEMORANDUM OF LEASE
KNOW ALL MEN BY THESE PKESENTS, THAT:
THIS MI/MORANDUM OF LEASE is made sad entered into this day' of ~.
1995, by and. ~ Collier County Board of County Commissioners, ("Landlord") whose
address is 3301 East Tamiami Trail, Administration Building, Naples, FL 33962 and GTE
Mobiln~ of Tampa Incorporated ("Tenam") whose address is 600 N. West.shore Boulevard,
Tampa, Florida. 33609.
WITNESSETE
~, Laadlorg has le~d m T~nt, and Tenant has leased from Landlord, upon a~d
subject to the terms, cx~,~, conditions, limitations and resthctions contained in that can, ain
lease dated/o- ...~'. ,",~'/' ("Lease') between the parties hereto, that certain real property
s/tuated in the Coual7 of Collier, State of Florida, more particularly described on "EXI-rmIT A"
amched hereto and made a pan hereof(Leased Premises").
The term of the Le,~ is for five (5) years, commeacing on/o-~,/, yr' and endiz~ on
/o-.~.1o .a. oao. . ..... , subjectto Teaam's opfionto ~md ~e t~ for ~ (~ additional p~iods
-- oftv~ (5) years each upon the terms and conditions set forth tn the above referenced Lease.
The consideration and other obligations of Landlord and Tenant are set forth in the Lease, to which
rd'~r~c~ is made for further particulars. Ia the event of any conflict between the terms a~d
provisions of tbe Lease and those contained in this Memorandum, those contained in the Lease
shall govern and be controlling.
BHI A:~mmok~Ldoo
14
IN WITNESS WTGEEEO£, L~'"dlord ~d Tenant have
Memorandum ss ofthe data ~'st &bore written.
executed and
LANDLORD:Collier Cou~.ty
BY'Berry. J . , Matthews/~/~ .~/~y'-'
· ~Cha~~ollier County
Board of County Commissioners
ackno~vledged this
o
TAX I.D 001-0208400
GTE Mobilnet of Tampa Inco_.m~'~ted
~N w. S)~I't+-~ - -
Area President-Florida
BHI A:~mnohls. goc
15
Size: Immo~calee
STATE OF FLORIDA "
COUNTY OF ~OKOUGH
ACKNOWLEDGEMENT
The~ foregoing Memorandum of' Lease was acknowledged before me this c:~__~ of'
1995, by Byron W. Smith, Area President-Florida of GTE Mobilnet of'
Incor~rated, a Delaware corporation, on behalf of the corporation. He is person~lly
My Cor~,'~i~ion Expires:
My Commission Number:
BH1 A:~Immokals.doo
16
AU$ 0 ~. 1998
_ ~., /o
8/22/95
EXECUTIVE SUMMARY
AUTHORIZATION TO ENTER INTO A CONTRACT FOR SERVICES WITH
"SOURCE COMPIJTING, INC." FOR COMPUTER PROGRAMMING TO
MAKE ~ EXISTING UTILITY BILLING SYSTEM YEAR 2000 COMPLIANT
~ To recommend to the Board of County Commissioners approval of a
contract with "Source Computing, Inc."; of 104 River Wood Drive; Fort Mil1, SC for
pmgnumning to make the existing Utility Bill~g System 'Year 2000' compliant.
CONSIDERATIONS~ The current Utility Billing System software application used by
the County's ~ of Revenue is not able to process dates with a centu~ number
greater than "1900". Consequently, on January 1, 2000, the Utility Billing System will
not be able to proce~ invoice~ unless certain software modifications are made to the
application. "Source Computing, Inc." is the vendor performing ongoing maintenance
support of the sysmn mxt is the most qualified to make the 'Year 2000' (Y2K)
modifications. Internal staffresoure~ are not available to perform the software clmnges.
'FISCAL IMPAq:r: Funds for the ~ improvements are not presently budgeted.
Fun& can be nm& available via budget mnendment from fired 408 reserves for
conting~. A budget ~m~..endment will be processed reducing reserves in the utilities
operating fund (40g), contingency reserves, 919010-991000 by $75,000. and moving the
fun& into the Utility General ~nd Administn~'ve cost center (408) 210110, other
contractual service~, 634999. The contract work is to commence August 15, 1998, and
complete on or before October 3 I, 1999.
GROWTH MANAGEMEI~: N/A
RECOMbl~NDATION: That the Board of County Commi-_~ioners approve the
propo~ contract; ~ a budget amendment in the amount of $74,g00.00., and
authorize the Chairman of the Board to sign the Contract on behalf of the Board.
th S ger:
Mazgar~ B. l~es, Manager- Clie~ Systems,
lntonnafion Technology I)epar~ent
Date
Reviewed By:
Dat~
P,=view~d By:
AU6 0 ~ ]998
Pg. ,~'~" ,
· ~ · I,IBWORK~i 10 hours
~2 ,:'~ '
197Told E~L Dalalx~ ~ Hc~n
NOC sEouRrr.~
tU~T~ GI'IANGE~
AU6 0 ,~ 1998
.SEF~¢E ORI~R$
Te~, ~ ~ ~ 2'14
r
Ncc SOURCE
Trot, 4.bu~ md m.l.~ 122
~G'O '~ t998
EXECUTIVE SUMMARY
~ ,~,LL PROPOSALS RECEIVED BY THE DEPAR~ OF
REV~Cc~E REGARDING SOLID WASTE AND SPECIAL ASSESSMENT
PROGRAMS, UNDER RFP ~)8-2785; AND FURTHER, TO REMAIN OPEN FOR
CONTINUED DISCUSSIONS WITH VENDORS FOR ALL THE PROPOSALS
RY_,CEIVED FOR ~,rrY BILLrNG PROGRAMS UNDER THE SAME RFP.
~.' To olXain Board approval to reject vendor proposals received in response
to RFP ~95-2755 for the portion pertaining to a new software application solution for the
Solid Waste and Special Assessments revenue billing programs, and to request Board
approval to cxmtisme discussions with those vendors which bare submitted qualified
proposals under the stone RFP for procurement of a new Utility Billing software
CONSIDERATIONS; In May 1998, an RFP was published for the pm-tx)se of soliciting
pwposals from software vendors interested in providing Utility Billing, Special
~ and ~ Solid Waste revenue collection programs to be managed by
the County's ~ of Revenue. While ar. integrated soflwax~ solution was highly
desirable, the RFP al]ow~ for individual systems to be considered at the County's sole
On June 12,1998, proposals were opened and dis~buted to the Selection
Corrmfitt~ f~r review. No proposals were received for the Mandatory Solid Waste
revenue collection program. One proposal was rcc~ved for the Special Assessment
revenue col/ectiou progr~n but it did not meet the business requirc'ments outlined in the
RFP. Three qualified proposals were received for the Utility Billing and its associated
Following review of each proposal, members of the Selection Comm|tt~ made th~
recommendation to management to coatin~ to examine the three qualified proposals for
Creative Co~ Solutions, Inc., (CCS), Pleasanton, California
Sensus SoftTech, Inc., Tyler, Texas
Teldata/SCT, located in Illinois/Pennsylvania
FISCAL IMPACT: N/A
GROWTH MANAGe: N/A
RECOMMENDATION: That the Board of County Commissioners reject the proposals
received for Solid W~ taxi Special Assessment revenue software programs portions of
RFP//98-2785; and further, ~ the members of the Selection Committee to continue
their review of qualified vendor proposals received for Utility BilllnE softwa~ programs
AU6 O 1998
P~'~ /
Rev~c,w~ By:.
By:
1998
EXECUTIVE SUMMARY
ABOLISH TAXING DISTRIC'I~ NO LONGER USED
~..~: To ~ CounV] Attorney to prepare n~ documents to abolish
t~xing district~ which zr~ no longer needed.
CONSIDERATIONS: Collier County has a number of taxing districts which are no
longer needed. ~hese districts were created by ordinance, referendum, court order or
Bosrd policy. The sttsched r~port identifies the purpose of each district, thc current
~t~ md ~ff'~ recomm~on for abolition.
The follow/rig di~tricU w~ created by ordinance:
Port-an-Prin~ MSTD
W~ ~a ~
~ N~l~ F~ Hy~ ~
T~S~~
B~ ~ ~ ~~ ~ P~I B S~ Li~g
~1~ ~ ~ MS~ ~
'I~ following districts were created by Court Order:.
Wa~r~ I &7
The following district wa~ ~ by referendum:
Old Marco Vi!l,ge Wa~r & Sewer MSTD
The following disttim were created by Board policy:
~ and Si~king Fund (Genenl)
W~ Manag~mmt Fund
In_SCAL 1MI'A~ ~ costs for the ordinance amendments to repeal the
disUicts crea~ by ordinmce will be sl~ro~ly $200. Funds are ;w~: ~I¢ in the
Gmeral Fund (001-101520).
AU6 0 t998
RRCO~ATION: ~-- Cotmty Attorney to prepar~ necessary documents for
Board action ~o sbolish taxing districts no longer needed.
A A
AU6 0 l! 1998
PORT-AU-PRINCE MSTD (Ordinance 76-64)
Purpose - To facilitate the dedication ofwadways in Pon-au-Prince subdivision to the
Board of County Commi~on~ so that defective conditions of said roadways may be
eliminated, thereby eliminating a threat to the health and safety of the residents of Collier
County and to permit public control over the sewage treatment facility serving Pon-au-
Current Status - Fund was closed in FY 92 as improvements were completed. In the
late '70s there was discussion of the County taking over the sewage treatment facility
which is currently under the authority of Rookery Bay Utilities. There is again discussion
of the County taking over the sewage treatment facility.
Reeommendatiou - I believe the County could eliminate this taxing district because the
roadway improvement~ have been completed. If the County took over the sewage
treatment facility it would be purchased through assessments and operated with user fees.
OLD MARCO VILLAGE WATER & SEWER MSTD (Referendum 2/5/74)
Purpose - District is authorized to construct or acquire a water and sewer system for said
district. Constitute a special taxing district the levy ofad valorem taxes without
limitation of rate or amount of.~'ure payment of any of its general obligations for the
maintenance of such district.
Current Status - There was a special election held with an affirmative vote (24 - 13).
There is no record of there ever being any taxes or assessments collected.
Recommendation - Abolish taxing district.
WATER DISTRICT g6 (Ordinance 71 -8)
Purpose - The extensive growth of population and attendant industry and commerce
throughout Collier County has given rise to public health and water conservation and
control problems in ~aid Coumy causing flooding and lack of drainage or inadequate
drainage of hinds in raid County, wastage of sources of water supply, and soil erosion in
said County, and that is the intent and purpose of the ordinance to provide means to
alleviate such condition in said County.
Current Status - $ohn Boldt h~ been working to abolish this district for a number of
ye~s and had concluded that some of the proposed capital improvements have been
compl~ by either ColUer County or Big Cypress Basin Board initiative, however, the
majority of proposed improvement have never been implemented. To the best of staffs
knowledge, all the projects completed to date have been financed by methods other than
special assessments. The Budget staffcan not find any evidence of ad valorem taxes
being levied.
l:?,,e~,'ommendatiou - Abolish taxing districL
WATER DISTRICTS 1 & 7
Purpose - Created by Court Order
Current Status - There is no evidence of any taxes or assessments ever being collected.
Recommendntion - Abolish taxing district. However, these districts were established by
court order and may require subsequent court action to abolish.
AU$ 0 1998
SEWER AREA UB" MSTD (Ordinances ']9-103 & 83-49)
Purpo~ - The construction of a sewage collection system for the purpose of providing
for the continued pre~ation ofhealfl~, welfare, convenience and safety of the cit/zcns of
~ County and more particularly the residents in the area of Collier County known a
Carrot S~tus - Finance has closed out this fund and transferred residual equity to the
Collier County Water and Sewer Fund.
Recomme~dsflon - Abolish taxing district
EAST NAPLES FIRE HYDRANT MSTD (Ordinsnce 80-20)
P~rpos~ - To provide fu-e hydrants to East Naples
Current Stsms - Finance has closed out this fund and transferred residual equity to the
Collier County Wa~r and Sewer Fund.
Recolmme~dltioa - Abolish taxing district.
UNINCORPORATED ROAD MSTD (Ordinance 80 - 86)
P~rpose - To permit the construction, reconstruction, maintenance, r~pair of road
determined by the BCC to be of no real and substantial benefit to the residents or
property of the incorporated areas.
Curr~nt Ststus - This district was created to avoid dual taxation. The County has since
created four separa~ road MSTD's to properly assess residents in each district for County
~commendsflon - Abolish taxing district.
VANDERBILT BEAUTIFICATION DISTRICT (Ordinsnce 90 - 109)
Parpose - To do all things reasonable necessary in connection with landscape
beautification to public areas ss dele~ined by the advisory committee.
Current Stst~s - The ordinance creating this district stipulaled that a ~ferendum be held
to levy ad valorem i~xes. The referendum failed.
Recmnmendstfon - Abolish taxing district.
WESTLAKE BEAUTIFICATION DISTRICT (Ordinances 76 - 58 & 87 - 39)
l~rpo~ - To beautify and maintain the street right-of-way along the perimeter wall and
ceriain other msin~nance and repairs r~la~ed thereto.
Current Status - An executive summary was prepared in December, 1995
~ for ~mdway swale ' .,mlvovcments. In addition, the At~xncy's Of~ was to
prepare, advcrfis~ and ~e an ordinance to repeal crealing ordimace- To the best of
my knowledge tbe ~ ontinan~ was not prcpar~
AU6 0 t998
TURNBURY STREET LIGHTING (Ordinance 90 - 104)
Purpme - To provide ~a'eet lighting to the Tumbury Subdivision
Current Stares - Thc BCC created this street lighting MS'lO at the request of the
developer in Decemb~ 1990. During budget hearings for FY 92 thc homeowners
petitioned the Board not to have lights installed in thdr subdivision. Thc BCC reversed
their decision and did not approve the budget. There has been no further contact from the
Recommen~Lttlon - Abolish taxing district.
BERKSHIRE VILLAGE AT BERKSHIRE LAKES PARCEL B STREET
LIGHTING (Ordha~ce 87 - 12)
Parpo~ - To provide meet lighting to Berkshire Village.
Current Status - The BCC created the street lighting MSTU at the request of the
developer in March 1957. A budget was prepared and adopted for the street lighting.
However, prior to the ~art of the fiscal year the Transportation Department discovered
that the developer had installed lights and are the responsibility of the Homeowners'
Recommendation - Abolish taxing district.
MARCO ISLAND COMMUNITY PARK (Ordin~ce 85 - 12)
P~rim~ - To provide park and recreation facility improvements to the Marco Island
Community Park Site, az deemed needed by the BCC and to do all things reasonably
C~rr~t Stems - No record of a fund ever being established.
Recommendation - Abolish taxing district.
MARCO ISLAND COMMLrNITY CENTER (Ordinance 79 - 101)
P~rpme - To provide a community center on Marco Island.
Current S~tus - No record ofcomm~ty center.
Recommendation - Abolish taxing district.
INTEREST AND SINKING FUND (GENERAL)
P~rpose - To pay debt service for 1961 General Obligation Bond for constructing the
courthouse and jail. Final maturity July 1, 1991.
Cnrrent Status - No longer needed.
Recommendation - Abolish taxing district.
CAPITAL IMPROVEMENT FUND - GENERAL
l~rpo~ - The Board, by policy, had established a separate countywide millage which
wa~ used exclusively f~ capital improvements.
Cnrrent Status - Ther~ wa~ no ordinance creating a special taxing district for capital
improvements and the millage for this purpose was subsequently incorpc ~ted in;':'_ *.he
General Fund.
Recommendation - Abolish taxing district
AU$ 0 1998
Pg.
COLLIER COUNTY CIIILDREN'S SERVICES COUNCIL (Ordinance 90 - 64)
Pnrpose - To e~abllsh an nnmm! millage to be used for children's services.
Current Status - A countywide referendum was held to establish millage. The
Recommendation - Abolish taxing district.
WATER MANAGE~NT - GENERAL
Pnrpose - The Bo'ard, by policy, had established a separate countywide millage which
was used exclusively for storm water operations.
Current Statns- There was no ordinance creating a special taxing district for storm
waler operations and the millage for this purpose was subsequently incorporated into the
General Fund.
Recommendation - Aboli~ taxing district.
GOLDEN GATE FIRE MSTU (Ordinance 73 - 31)
l~nrpose - To supersede aml repeal aH previous special acts relating to the Golden Gate
Fire Control and Rescue District and to set forth those matters, as applicable, which are
covered by such previous special acts.
Current Status - It seems this taxing district should have been eliminated when it
bemm independent.
Recommendation - Abolish tmdng district.
VANDERBILT BEACH STREET LIGHTING
Pnrpose - To provide street lighting to the Vanderbilt Beach area.
Current Slams - Unable to fred any record of this taxing district being used.
Tia~~ion has no recollection ofth¢ request and there is no ordinance.
Recommendation - Aboli~ taxing districL
APl'ROYAL oir B~ AMENDMENTS
BCC ~ ofAug~t 4,199~
& Urb~ Com~ conn~ (Fm~l No.
Budget Ameml~ No. 98338
:$4,396
?otll oO-
SolM Waste (Fund No. 472)
Budget Amendment No. 98-354
(s3,ooo)
-0o
funds will pay for an archit~mzl modcl of a "profotype re~clixtg station'.
A A
AUG e ~ ~98
P~.__~
EXECIFITVE SUMMARY
RECOMMENDATION TO AUTHORIZE THE ISSUANCE OF A REQUEST FOR PROPOSALS
FOR SEI.F. CTION OF UNDERWRITERS AND TO ESTABLISH A NET PRESENT VALUE
SAVINGS TARGET OF 7% IN ANTICIPATION OF REFUNDI~IG ~ COLLIER COUNTY .
WATER/SEWER DISTRICT REVENUE BONDS, SERIES 1991.
OBJECTIVE: That the Board of County Commissioners authorize staff and the County's Financial
Advisor to proceed with the issuance of a Request for Proposalz for selection of underwrite~ and to
establhh a net present value savings target of 7% in anticipation of a forward refunding of the Collier
County Water/Sewer District Water and Sewer Revenue Bonds, Series 1991.
CONSIDERATIONS: The County received unsolicited proposals regarding the refunding of the
County Water-Sewer District Series 1991 Bonds that were evaluated by the County Finance Committee,
in con.valtation with the County's Financial Advisor. Refunding options included the following:
· Forward Refunding;
· Forward Swap;
· Current Refunding (only available 90 days prior to the lb'st ~ date of July 1, 1999).
Based on aa evaluation of risk elements in comparison to potential savings of each option, the Fin_once
Committe~ recommended the i~uance of a Request for Proposals to select underwriters in anticipation of
~ proceeding with a forward refunding of the~e bonds, while also receiving additional data regarding the
forward rwap option. Historically, prior to recommending any proposed refinancing/refunding of an
existing County bond issue, the net present value savings generated has been a minimum of 5% Based
on current market conditions, the Finance Committee is recommending that the net present value savings
target for the forward refunding ofthe Series 1991 County Water-Sewer District be set at 7%.
FISCAL IMPACT: The Request for Proposals will be prepared by the Financial Advisor. Based on the
$175 hourly rate for principa,L~ in the fu'm, the estimated cost for the RFP and associated review of
responzes received is $1,750. Funds are available in the County Water-Sewer District Cre~erai
Adminislration Cost Center (408-210110). Completing a forward refunding that meetz the 7% target
will provide net present value saving~ of appr~ximate, ly $ ~.7 million.
GROWTH MANAGEMENT [MI'ACT: None.
RECOMME~NDATION~ That the Board of County Commissioners authorize the issuance of a Request
for Pmpozah for selection of underwriters and establish a net present value savings target of 7% in
anticipation of a forward refunding of the Collier County Water-Sewer District Water and Sewer
Revenue Bonds, Series 1991.
Michael Smykow~ki, OMB Director
Robert F. Fernandez, County
luly 27, 1998
DATE:
luly 27, 1998
AU6 0 JI '1998
BOARD OF COUNTY COMMISSIONERS
MISCELLANEOUS CORRESPONDENCE
AUGUST 4, 1995
~ ~'. FOR BOARD ACTION:
S*~ ___~i_ 'on ofI, i~
T~x Szle ~
MI _SC~.LANF, OUS 1TEMS TO FF_.~. FOR RECORD WITH ACTION AS DIREr:
~,U6 O~ 199S
pdic~ lh2rMS'Fl3U ~ O~r~ - April 1, 1~ ~ ~ ~ 6,
AGEI~ %T,~
sc)
AUG 0½ 1998
Pg. *~
~ To seek Confiscated Trust Fund appropriation of $5,000 to
support a crime prevention against seniors program and approve the
related budget ~-t.
C~SIDEH~TI(~= The Sheriff's Office by virtue of Section 932.7055
(4) (a), is seekia~ Board authorization for the appropriation of funds to
~rt the "BURT CAPLAN' S THIRD AGE" television show on the PBS station
in ~W Florida, I~CU, Chazzael 3. As an underwriter of the show, crime
prevention against seniors will be combatted with televised 30 second and
one minute crime prevention alerts _~,d educational bulletins for seniors.
Phone numbers for the Seniors Program File of Life, Senior Hotline and to
report crimes against seniors will be aired. The Sheriff's Office senior
crime prevention programs will be highlighted nr,4~ CCS0 staff members will
be periodically interviewed to discuss the crime related issues that
concer~ seniors in Collier County. Board approval is requested to
support a crime prev~ntion program and approve the related budget
amendment.
FZB~?- ~w~__m~T, $5,000 for this expenditure is available from
Co~fiscated Trust Fund Reserves (602-919010-991000). The amendment
increases the Other Contractual Services budget 602-611010-634990 by
$5,000.
~ ~W~ACT~ NO recurring costs for subsequent years.
TZ~= That the Board of County Co~{ssioners approve the
bit, get ~t for the use of funds to support a crime prevention
pro,ram.
~m~,FZFZ~ATI~ OF C(~IFI~TED THUST ~ ~EOU~ST
Thisrequest is a legitimate expenditure of Confiscated TrustFundsunder
~ecti~n 932.7055 (4)(a) Florida Statutes to be used for technical
equipment and a crime prevention program.
m%er, Sheriff
,Tt~.l.y. 22. 1998
,A.. GEI~iDA iTI~M
OFF~CE ~'~
COUNTY ,AFT,,, ,,,. n, u .': v,
type or print.)
~JUl..23 ~,910: 2~
Date.* ,~v 22. 1998 .
TO.*
RO .*
O~i~e of t~- Cc~mtV Attorney Attention:
Sherigf' s
Thomas Palmer. Esq.
F{n,nce Director
(T~tle)
_ Finance Division
P~z~t to Sectio~ 932.7055 (4) (a),
~---reguesting approval by the Board .to fund
~ ~rove a relat~~et ~nt
P.S., the Sheriff's Office is
a crime prevention program and
~ ~ d~m~mmZ~ or ~ i~f~z~a~A~m zmmee%m~ ~:~ w~view t.b.'Le mm~.tm~ If 1~1, a=~ae--h and reference
file number.)
~ al~roval of attached~nts.
C:
~ ~hmter. _~h.~iff
~ To seek Confiscated Trust Fund appropriation of $20,000 for
the ~rocurement of specialized equipment and approve the related budget
amendment.
~SIDEHATI0$T~, The Sheriff's Office by virtue of Section 932.7055
(4)(a), is seekingBoardauthorization for the appropriation of f~ds to
p~rchase a f~llyeq~i~)edvehicle to beusedfor investigative purposes.
Board a~3roval is requested to approve the p~chase of technical
ecluipm~t and to approve the related budget amendment.
FX~m~ ~T~ $20,000.00 for these expenditure is a~ilable from
Confiscated Trust Fund Reserves (602-919010-991000). The amendment
in~ses the budget in Auto R&M/~tside vendor (602-611010-646410) by
$250; Auto R&M/parts (602-611010-6464&0} by $250; Radio R&M (602-611010-
646610) by $300; Automobiles (602-611010-764110) by $15,000; Auto Refits
(602-611010-764120) by$1,000; and Co~m3~icationsEquipment (602-611010-
764210) by $3,200.
· HOI~ ~IPACT, h~all ongoing maintenance expenses already budgeted in
operating budget.
--~mtT'~m~mIT~ That the Board of County Coe~issioners approve the
k~d~jet ~~ent for the use of funds for the procurement of specialized
(~HTZFZ~TZCI~ OF C01~IS~TED _TRU__ST ~
This request is a legitimate expenditure of Confiscated Trust Funds under
~ec~ion 932.7055 (4) (&) Florida Statutes to be used for technical
CZT.9 K. Kiazel, FL%mace Dir~toF
Dos H~nter, Sheriff
22. 1998
COU.~ Y
~' ~' ~ ~ ~ '"'= 98/iL 23 r-,.H 9:5 B
"~ 'Date= ~l_v 22. 1998
Office of the County Attorllev Attention: Thomas Palmer, Esq.
Sheriff' s Office
C~nfisaated Trust
Finance Director
Finance Division
Pursuant to Section 932.7055 (4) (a), F.S., the Sheriff's Office is
esting approval by the Board to fund technical equipment for
investigative purposes and approve a related budget amendment,
(Jl~e ~ ~ ~ of.b~ ~ml~C~o ~ to rg~ew ~ mtte~f If yes, ~ttac~ ~ Fefe:L-enc~ tb/m
Luff!.
Legal approval of attached documents..
C:
:Jb/a,lecar
GEN. DA ii'EM\
AU6 ,% B~8
2Z-0~'003/~~ ~~ O~ C~S~ A~Z~ ~ (~~)
~ ~ ~147,421.
~ To ~ ~a~ of C~ty C~ssioners a~r~l of the
Ce~ifi~tt~ of Acc~t~ce for the Seri~s H~igual 0finder C~rehensive
Acti~ PI~_~ (~~) pr~.
~ZDEHATZOII'z On April 7, 1998, the Board of County Commissioners agTeed to
act as the coordinating unit of government for the State of Florida,
De~ar~0e~t of Co~mmity Affairs Anti-Drug Abuse Act Formula Grant Program.
On May 12, 1998 the Board endorsed the Sheriff's Office application for
funding.
0n July 20, 1998 the Sheriff's Office received the Department of Coummn~ity
Affairs grant award in the amount of $147,421 to fund the Sheriff's Office
Serious Habitual Offender Comprehensive Action Plan (SHOCAP) program.
FI~ 'rm'P~_C'Tz The Grant award of $147,421 is to be matched by $49,140.
FLuids are included in the FY99budget (115-641011). Prior to budget adoption
f~{ng will be allocated to project 33295.
G~IT~~z Funding potential for 2 year grant. This grant period is for
October 1, 1998 through S~t~r 30, 1999. Continued funding will be sought
for.subsequent ~,ears.
· ~D~..TZO~'z That the Board of County Commissioners approve the
Certification of Accept-~ce for the subgrant award for the Anti-Drug Abuse
Gra~t ~ 99-cJ-gM-09-21-01-003/SeriousHabitual Offender Comprehe~siveAction
Plan (~0CAP) program.
CERTIFZOLTI~I OF C0~ISCAT~D T~TST FOND REOUNST
T~Ls reguest is a le~itimate ex/0endtture of Confiscated Trust Funds under
Sec=io~ 932.7055(4)(a) Florida Statutes to provide matchin~ funds to obtain
federal gr.-ts.
~ctor
Don ~unter, Sheriff
DAT~ R~C~IVED:
OFFICE OF TFE
COUh'TY ATTOP..REY
o: JuL 22 PH 2: ~l
P~/~EST FOa LEGAL SEaVICEB
(~1~ ~m ~ Fr~)
, Date: July 21. 1998
,: To:. O~£ice of the Count? Attorney Attention:
~m~)
" ~J__~_r~ff' s O£fice
Thomas Palmer. Esq.
Fi__n~nce Director
F{--nee Division
A~ti-DruoAbuse Gr~nt #99-CJ-9M-09-21-01-003 Award
The ~heriff's Office has been awarded third year funding fro= the Florida
Departmsnt of Co~JnityAffairs for the SHOCAP Pro~r-am. The Board agreed to
the coordinating 'unit of government on April 7, 1998. The Board endorsed
~he Sheriff's Office application on May 12, 1998. The Sheriff's Office
received the DCA grant award on July 20, 1998 and needs the Board to accept
(Are there documents or other information needed to review this matter?
yes, attach an~ reference this information).
Certification of Par~icigation
TKZS ZTEK ns/~ Brim PREV2OTTST, Y smmzT'rE).
(Xf ~w~u~ly lUJ~B:Lt:t:OCl, p.Vc:nd.&O CcKn~y' At:ten*ney's Offl~ file :~m~er. )
(Jo ~ eSm~Lfi~. Zdm2t. S~ eamct/¥ vha~ ~mu Mod ~n tim wwf of 1~ ~.)
Legal appr~ of grant award documents.
If
Don ~mter. ShAriff
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
'Helping Floridlans create safe, vibrant, sustainable communities'
July 15, 1998
The Honorable Barbara B. Berry
Chairperson, Collier County
Board of Commissioners
3301 East Tamiami Trail,
Naples, Florida 34112
Re= 99-CJ-gM-09-21-01-003/Serious Habitual Offender
Co~prehensive Action Plan (SHOCAP) Program III
Dear Ms. Berry:
The Department of CommunityAffairs is pleased to award an
~nti-Druq Abuse errant in the amount of $147,421 to your unit of
government. These funds shall be utilized to implement a Drug
Control and System ImDrovement Formula Gran~ Program under
Purpose Area 16A, S.H.O.C.A.P..
A coD~ of the aDDroved subgr, ant aDDlication with the above
referenced project number and title is enclosed for your file.
All correspondence with the DeparCment should always refer to the
project number and title.
Your attention is directed to Section H of the subgrant
wh/ch is the 'Ac¢~p=ance and Agreement'. These conditions should
be reviewed carefully b~ those Dersons responsible for DrOjeCt
administration to avoid delays in project completion and cost
reimbursements.
The enclosed Certificate of Acceptance should be completed
and returned to the Department within 30 calendar days from the
date of award. This certificate consti~utes official acceDtance
of the award and must be received by the Departmenl ~rior to the
reimbursement of any project expenditures
25S5 SHUMA~.D OAK BOULEVARD * TALLAHASSEE, FLOI~IDA
Phone: 850.48B.84&&/Suncom 278.8466 FAX: 850.921.0781/Suncom
Interne! address: http://www.state.fl.uslcomaff/dca.html
Z91.0781
The Honorable Barbara B. Berry
Page Two
We look forward to working with you. on this Droiect. If we
can be of further assistance, please contact Colleen Matthews
at 350/488o8016.
Sincerely,
Clay=on H. Wilder
Community Pr.ogram Administrator
Bureau of Co.~,unity Assistance
~nclosu~es
SC&Ce of Plorida
De_l~men9 of CommuniCyAffairs
· ureau of CommuniCyAssisCance
2555 Shumar~ Oak~oulevard
Tallahassee, Florida
F C~TONOF A AN OF AWARD
The s~frantee, khrou~h i=s aur/lorized~presen~ative,
acknowledges ~eipt ~acc~ce of ~r~ a~n~er
99-~-9H-09-21-01.00~ ~ the ~~'of $1%7,421,
for a P~ecC entitled:
f~ =he~ri~of 10/01/9s 2~gh 09/30/~9, ~ accor~e wi~h
~ sca=~=
{$igna=ure of Au=horized Officia~)
[T~Name and Ti~le of O£fi¢ial~)
(DaCe o~ Acceptance)
State of Florida
Department of Community Affairs
Division of Housing and Community Development
Bureau of CommunityAssistance
The Sadowski Building
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
SUBGTJUNT AWARD CERTIFICATE
Sulx3r tee: Collie= County Board of Commissioners
Date of Award:
Grant Period: From: 10/01/98 To:09/30/99
Project Title: Ser£ous Hab£tual Offender Comprehensive
Ac~z~onPlan (SHOCAP) Program III
Grant Number: 99-CJ- 9M-09-21- 01- 003
Federal FUnds: $147,421.00
B~fIT Funds:
State Agency Match:
Local Agency Match: $49,140.00
Total Project Cost: $196,561.00
Program Area: 16A
A_ward is hereby_made_in the amount and for the period shown above
oX a grant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90-351, as amended, and the Aflti-Drug
A~use Act of 1988, P.L. 100-690, to the above mentioned subgrantee
and subject to any attached standard or special conditions.
This award is subject to all applicable rules, regulations, and
cond/tions as contained in the Financial and Administrative Guide
for ~rants, G~ideline Manual 7100.1D, Office of Justice Programs,
Co,~,cnlRule for State and Local Governments and A-87, or OMB
Circulars A-110 and A-21, in their entirety. It is also subject
to SUch further rules, regulations and policies as may be reasonably
prescribed by the State or Federal Government consistent with the
purposes and authorization of P.L. 90-351, as am, ~dc~, ~nd _
P.L. 100-690.
~ AWARD C~T, IF1CATE lCONT~NUED):
This gra~t shall become effective on the beginning date of the
gra~t perio~provfded that within 30 days from the date of award,
properly executed Certificate of Acceptance of Subgrant Award
is returned to the department.
Clayton H. Wilder
Co-~nity Progra~ Administrator
B~rea~ o~ Co ...... ,,~¶tyA~sistance
Date
[X]Thfs award is subject to special and/or standard conditions
(attached).
BC~Revised 7-1-79
.... ~ C 'roi and ~y~t~m Improvement lan'nut rant Program
2.
C~y. 5~. ~p C~ Naples,
C~r~ N~
1 )~4 ' 8393
Florida 34112
5UNCOM No:
774-8493
Chief Financial
Namg of Chi¢,f Fin~n¢~l 09fi¢~ J_am.e_._s Mitchell
J Ar~a Co4~/F~x ?hon~ No:
(941)774 - 3602
r~J~. Finance Director, De.:~:y Clerk
Address: 3301 Tamiami Trail East, Cou~ Plaza ~II/2
icky, ~, ~p C~. Naples, Florida 34112
i / ~L)774 ' 6179 ISUNCOU No- Iare~ Co~Fax ~on= N~.
T~ ~in, Y~ & ~evention ~ices
'~3dr~-=~: 3301 Tamiami Trail ~m~t, BuilaL~ "A"
'C~, 5~r~. ~ C~ Naples, Flori~
J~e N~, ~ts C~rdi~or
~r~: 3~1 T~ ~1 ~t, Bui!di~ "J"
Florida 34112
793-9346 ~
2.
(~l,,,~rtl ~ Mm'hOtel ~ and I.t~l A~r. at'~ ProgrJrn)
Fro)e. Cr. TiT~ (NOT, gO ~'xC, er.d ~ c~JrJCCtrt, inc_k_~;nd ~ace~ ). ., ~
Fo~
~.~nin~ 10 ! 1998
Endlr~, 9 30 1999
!~ °~e ~upgrarrr~g o~ r. hg Impl~m~trr. ing Agency a M~mb~r of a Local Criminal J~-'.ice Advisory
Counca ge ~ul~tanc~ ~ IPglL.md ~ g~aed, Caalkcign, ~ Council? (~eg ~h~ ?r~gram
AJ1noun~nl~tt for a glt~c, ri~)n of boartl t~l~n~itnTtcie~.) ~ ¥~ C3 No
'If tr~tr ~.~tn Re Chit{ Fina,cial Of~.__~,. ) ~-m~;
Colller, County ~rfff's Office
Buil~ir~ ,,,"~' - Pinanc~ Division
· th~ sub. grant, ge is p~rr~p,~,ir~ in r, hg ~r.a;e ~ Floriaa OffiCa
Comptroller'~
· lc~'t..romc transfer F~r~ram. mimbu~ cannot I~ rgmitt,~ to any other ~,.ity.
5. _Ymdor ,~ (En'r,~ Federal Em~:~h,~n.' Id~.tfica,~, Numl~r of 5ul~rarrr.~}:
I 59-6(X10-558
~l No
~. ~ d=scrtb¢ how l~.O. jCCr, Jcr, ivfr,~ ~11 ,s~r~.~ ~h= ~rgc",,cd i~oblcrn.
who mil do ~ wl~,~, wf~cm zrgl ho~.
.~=.E FA¢~{~ 20i= IN~T~UCTI0f~ ON ITEM5 TO INCLUD~
.~,a~ l,dotv and u~e con~Jnua~ictn pag~ as r~cssary.
Problem Identification
The specific problem to be addressed with ongoing subgrant funds is the
chronic juvenile offender situation in Collier County.
This Agency's "Serious Habitual Offender Comprehensive Act/on
Progr~n" will tongue to deal with a small percentage of the juvenile criminal
popul~on (approxim~ly 5-8 %) who =e responsible for the majority of crimes
(over 50%). These habitual juvenile offenders, or "SHO's', present a greater
~ normal ducat to the community. It is the position of law enforcement
nation.wide ,th?. they be the focus of an enhanced and organiC., effort Io identify
the serious habitual offenders and deal with them on a more reformed basis.
m. oc._.,? of i o= io, ·
· . . . provided to
autaonties m the juvem~e and crtminal justice systems to enable them to make
mo,re int'ormegt decisions on how best to deal with the very small percentage of
serious habitual offenders.
't
National research projects and informal surveys have shown that for every
1,000 young people who come in contact with Iaw enforcement, 10% (or 100),
are ~ Police commonly drop charges or reprimand about 50% of these,
leaving $0 cases. Of the 50 cases formally presented to the court intake, only
about 50% (or 25), are sent forward. Unless a young offender has been arrested
before, or the immediate offense is serious, less that 60%, (or 12), will be
_ .c~. t.o the comff. ?s.s than 50% of the cases presented result in the
~cation or determination of delinquent sinus. Only six (6~
or the (s) tenc , ave probaUy
· · · · '
ams leaves only one I eh/lc out of the mn ~,,
· _ ( )juv on al 1 000wn~, .. . ---
mcamer~ed and that incarceration is usually minimal.
Since the implementation of the SHOCAP initiative in Collier County
daring gmat years 96-97 / 9%98, the percentages of serioas habitual juvenile
offenfler~ th~ have been identified have remained consistent with those
preffacted. Of the 1596 juven~e arrests screened to date, one hundred sixteen
(116) or 7.2% have met Collier County's criteria to be designated as SHO's.
The SHOCAP initiative in Collier County bas created a community
partnership through an inter-agency agreement. By sharing of information the
SHOCAP team has been able to compile detailed information on SHO-subje. c~
that has enabled the juvenile justice system to impose informed, constructive
controls and sanctions on these repeat offenders that are in the best interest of
the child and the commun~y. Due to the constant exchange 6f information
between the various partners, the offender is no longer able to hide in that cloak
of invisibility that has historically protect~l him/her.
In its first year of implementation in Collier County, the SHOCAP
Initiative has enabled the community to identify repeat offenders and those first
time offenders who have committed serious violent crimes. We have been able
to place chronic habitual offenders under a microscope and analyze their
histories in ~'der ~o place sanctions upon them that are informed and beneficial
to both the community and the SHO-subject. We have identified fu'st time
violent offenders and are controlling them through intense monitoring and
sanctions to prevent them from continuing their criminal careers. The net remit
of this is that the Serious Habitual Offender is no longer invisible to the
community and the juvemle justice system and his/her peers are receiving a
message that o-linen,1 activities will not be tolerated. Additionally, our fa'st time
violent felony offenders are learning that Collier County will not allow them to
c, on~ue in their erlm[nal careers by ~n_g the system's mistakes of the past.
During our second grant year we have focused upon an intense monitoring
system that ensan'es accountability and resporm'bility on the part of the Serious
I-Iabitt~ Juvenile Offender. Juveniles that were previously placed in programs
during our first year of operation are now being released and placed back in the
eommm,;ty on Post Comrmmi~ Control. These are the juveniles at the highest
level of risk. Once introduced back into the community, the SHOCAP team
must ensure, that they do not gravitate back into their former lifestyles and
associafi~. . with. their old crimln~lly-oriented. . _ peers.. The. m . i~oa-o[~,/.i....... . .... -.,-'~'
whle they make these adjustments.. [ AU3 t} 153.7,
I I ..... ] ..... I J ............. ,m_ ..... imm_l._)m iii ................................................................................
We are midway through our second grant year and are now seeing the
results of those efforts. ~ltweniles who have ecrmmitted their first violent crime
are not re-offending. This is largely due to the extensive monitoring and
personal intem~oa that is taking place between those juveniles and the
SttOCAP Initiative.
The Collier Coma~ Sheriff's Office wishes to ec~ue implementing ~e
SHOCAP initiative goals by providing the staff and equipment necessary to
maintain the exisliag program basfituted in gr~t fiscal years 1996-1997 and
1997-1998. The comiaua~ee of this pro~ is necessary in orcier to identify,
track, monitor and bring judicial attention to both the worst of the worst juvenile
offenders as well as those new violent crime offenders who are 'on the path of
becoming serious b~bimal offenders.
j~/a:shocap" 1 .doc
PROGRAM DESCRIPTION
On November 15, 1995 Collier County was selected for inclusion into the
Florida Serious Habitual Offender Comprehensive Action Program (SHOCAP)
Initiative.
On October 1, 1996, the first grant funded fiscal year of the SHOCAP
Initiative began in Collier County, Florida. Collier County SheriWs Office
Captain Paul Canady is the Collier County SHOCAP Coordinator.
On October 1, 1997, the second grant funded fiscal year of the SHOCAP
Initialive began ia Collier County, Florida.
Additionally, during the second grant quarter of our 1997-1998 grant year
the Collier County SHOCAP initiative applied for and received federal fiscal
year 1996 excess grmt funding to supplement the additional costs of a second
SHOCAP Investigator. These monies acted as seed money for a new
Investi~?or's position and equipment that will augment our monitoring aMlities
on identified SHO-sabjeets.
SHOCAP is an information and case management program on the part of
law enforcement, probation, prosecutors, social services, corrections and other
community service organizafion~. SHOCAP enables the juvem'le justice system
to give additional focused attention toward juvem'les who repeatedly commit
infatuation for more informed dispositions.
In order to continue focusing on the intense and time consuming efforts
needed to increase the number of identifications, prosecutions, convictions, and
monitoring of SHO-subjeets eon~ued grant fimding is required to support the
existing positions. Continue~ funding is necessary for the SHOCAP Section
Supervisor, One (1) Investigator, One (I) Senior Analyst, and One (1) Data
Often The existing staff will eon~ue to. augment the om'eat Serious Habitual
der.$uvenn_~ programs, by ..p~..or~.' g Mdifional, specialized tas~ geared to
increase ~e number of Serious Habitual Offenders that are arrested, ~denfified,
~ an.d monitored. The basic strategy will continu _ ' '
.aha .s~.~~g enforcement and proseeutorial activities ~
habitual juvenile offenders and elevating their cases to a high priority will
continue to be the cornerstone of this strategy. The program also includes early
identification of pre-SilO habitual juvenile offenders for intervention and
prevent/on of their ~ing serious habitual offenders.
The SHOCAP Section Supervisor is responsible for supervising all
member~ assigned to the SHOCAP Initiative. The Supervisor also conducts
in_spections to easm'e that each file eon~ the required proper documentation.
The Supervisor publisbe~, monthly, a complete list of all juveniles that have
been identified as serious habitual offenders. The lists are distn'buted to all law
enforcement ageneie~ and other comm~m{ly parmers on an as needed basis.
The SHOCAP Secefion Supervi~rr and Investigator use the powerful
imp3~ of' ~ aids ill thc trBil~g of the comm,mlty and all of the community
parmer~. An intense effort is made to educate government, the business
comm~ty and the private sector about SHOCAP so that they can participate in
the ~ and enhmee its abilities.
The primary responsibilities of the SHOCAP Investigator are to create
comprehensive files coring an aecanate profile or ease history, perform post
arrest ease enhancement, appear at court proceedings, assist in formulating
informed sanctions and perform intense monitoring on the identified serious
habitual juvenile offenders.
The Investigator compiles information from community partners and other
som'ee~ pertaining to identified SHO-~bjeets. This information is placed in the
subj~'s file and the Go-Trak database to do~ent his / her history for later
use by the Coup. Ia addition, the Investigator creates documents that identify
~'ions habitual juvenile offenders and distributes them as part of an ongoing
sharing of information between the community partners. The Investigator. acts as
a liaison between the SHOCAP office, the comm~mlty partners and the juvenile
justice system in order to maintain a consmt exchange of information.
The Investigator, Department of Juvenile Justice Case Maaagers and the
pros~uting attorneys examine each SI-I~ in dem'l. They consider ~e
quality and legality of the evidence, stren~ and weaknesses of law
enforccmcnt's cases, credibility of the civilian victims and witnesses, technical
? problem~, gaps ia documentation and possible defense
.... ~' v'A~T._--? ! ,,
luvemgator assa~ wifla any post case prosecution needs as ~ell as
b"ao-subjeet court aptmaranees. The Investi~or also provides
comprehenfive history on all Sho-subjects and assists in formulating informed
sanctions upon conviction that are in the best interest of the juvenile and the
community.
The Investigator also assists the Sheriff's Office Victim Assistance
Bureau and Court Liaison Section. The Investigator ensures that all victims and
wimesses on Sho eases are confident, well infoIlll~l, comfortable and available
when needed. The investigator assists with questions, courtroom and procedure
orientation and trmspon~on to and from court appearances.
The SHOCAP Analyst conducts daily screenings of juvenile arrests to
identify, Serious Habitual Juvenile Offenders. The Analyst then obtains the
juvem'les criminal history and evaluates it by entering it into one'of the
SHOCAP databases. When the analyst identifies a new or previously identified
SHO-subjeet she creates a file or retrieves the existing one on the subject. The
Analyst then makes the basic information entries into the Go-Trak database
system and the file before passing it on to the SHOCAP Investigator.
Additionally, the Analyst ob~ subject photographs and creates the
notification forms distributed to the State Attorney's Office and the Department
Of' Juvenile Justice notifying them of a subject's classification as a SHO.
Further, the Analyst eolla~ all of the collected information on SH(3-
subjects and eomplete~ axmlysis on their trends of efimix~ activities. The
Investigator and the ex~mm~mi~ parlllet~ utilize thiS information to assist in pro-
actively monitoring the SHO-subjeet's activities. Both the Analyst and the
Investigator ~alnta~n a strong woflcing relationship with the community partners
in order to encourage a eonfimml and. efficient exchange of information on Sho-
subjects.
The SHOCAP Data Entry Clerk / Secretary is reslXms~le for all necessary
data entry tasks on SHO-subjeets. These areas include, bUt are not limited to
past arrests, field interview reports, school attendee, grade and discipline
repotxs, contacts with the Department of Juvenile Sustice, Children and Family
Servi~ and any other da~ n~ to create a complete
habitual juvenile offender.
The Data Entry Clerk also assists the Analyst in the
subject profiles. Her wjmary responsibility in this area is h
the computerized and hard copy file~ kept by the SHOCAP
the maintenance of ~
on~ing mbjea monholing by SHOCAP staff. The CCSO will continue to
si~canlt,y hnpa~ lhe success raIe of our serious habiu~l juvenile offender
iden~~ and prosecutions. With this fun~g commflment Sheriff Don
· ~ of the Collier Cotmty ShedfFs Office is also w~lin~, as in the past, to
expenditure, and any other operational costs necessary to ensure the success of
this program.
~m~ ~ ~r~m 0~ a~ ~o~ance m~urc~ (fou~ in ~nd~ ~ for
d~ ~ ~ ~ ~nn~ ~ ~ o~~ ~ ~e ~d. con~ Tom ~i~hop
PROGRAM OBJECqTVE$ AND PERFORMANCE MEASURES
Objective 16A. 1
To review 4lA. juvenile criminal cases and, using
SHOCAP criteria, identify offenders who meet
these criteria.
Progam Objective 16.A.2
Program Objective 16.A.3
Program Obj~'tiv~ 16.A.4
Progra~ Objective 16A.5
To investigate, track, and monitor 60 juvenile
SHOCAP offeader~, especially those who are on
eornm~ty control.
To charge and prosecute 30 juvenile as SHOCAP
Offenders.
To meet quarterly with COmmunity parmers to
exchange inform~ oll ~-IOCA1~ offenders
including c'14mln~l a~ivity, school attendance,
discipline problcms, etc.
To publish a listiag of SHOCAP offenders,
updated monthly, and disseminate it among
comm~mity p~Z'l~.
You mu~ a~.~.~-.,a ltn~ l~.eme for g~¢h apFflc, a~le Dud~r Cgr, egory for which you arc
$125,538.00
11,275.00
3,120.00
10,693.00
23,658.00
8,629.00
9,000.00
478.00
--196.561.00
$196,561.00
e~e,?e_,~_r_o~ect.coscs .are .necess. ary and reasonable ~or pre,per a~d
~z_ezzc p~o:iecc aamlalst~atloa ~nd imnlemen~,~
mae ..... - ....... ~d NOT E
g ~ ~e to ~ ~C ~ral ~~~iltCies.
~r~C Co gecCi~ 932.905 (4)(A) Elort~ State Statute, ~cchin9
i~s ol 25~ ol ~e project's cost ~11 ~ Pr~ed by the
I_
a]//A: S]GT3a
Purchasing meChods conform to exzLsCing policies, recjulations and
.p.r.o_ced~r..es. .Net of all applicable cred/cs does hoc a ply
~Ao~a~l_e p~o~ect costs will ~e ~"~-ded or ob'= ...... P --'
approved ~C per/od. --'~-' ~ceu curln~ the
yea= o= the grant program.
os rinc./pl e_s .pursuant to OMB Circ~tlar A-87; Uni form
VAlev~%eqUl~r.e~-n.~.sa_pu__r__su~a~_~__ =o OMB. Ci_r_cula.r A-102; and
are followe~. -- -~=ua=ucs pursuanc to OMB C~rcular A-133
,
.The SHOCAP Section Supervisor will be
responsible
· _ for: supervising all members
a. ssxgne~ to the SaIXIkP initiative, con-
mm complete and dis-
ribu=e monthly lists of serious habitual
.u._v~_.l.e .of.fenders, prepare aids for and
u~nU =rxals to project State's case.
Th_e- SHOCAP InvestiFator (Cer~ifie~ Deputy)
will be responsible for:
J =u~._u=~, =_rac~%ng the desiqnated
........ g 'mc~es, ~er~orm post arrest
~ .... .__ . co ~ out of Jm,en/le
·gate the quality and
le~tl~ty of e~dence, of police and
_ caclon and possible de-
z._e?.e~, p. rov/d_e c?~r.ehensive
~ne :luven_~e :Justice s~seen, align
_w.~.~. p~osecuc~on to l~o:ject a respon-
sible and un/lied posture Co the Court,
~ C~r~ ~s~st~ce wh~ a~r~ri--
, ~rk ~ V~cc~m ~stsc~ce ~eau
The S]~ Data :Tu~ut Clerk wtll be
responsible for:
a/! necessary dar& entry tasks relate~
~uuuo~ accentuate aud discipline, con-
facts with DJJ, HRS and other data nec-
essary to create a complete profile of
the serious habitual Juvenile offenders,
assist ~he Analyst in ~he preparation
of background jtrvenile profiles, main-
teen.ce of computerized and hard copy
files of ~he SH~ Section.
$39,731.0~
The SHOCAPAnalyst will be responsible for:
conductingdailyscree.~g of juvenile
offenders to identify the serious habit-
ual offenders, prepare case referral
packages, notify the Investigator of new
or previouslydocumentedser/ous habitual
offenders, search all available databases
to identify ~hemos= dangerous and active
serious habitual offenders for pro-active
investigations, maintainworking relation-
sh/pswi~hc~,-?,-~typar~ners.
'!
$196.561,00
JIt/a: spn3a
salary, over~fme and benegtt~. The l~sitions continues the net personnel
increase establLshe8 ~u~tr=j the ~n~tta~ yeer og the gra~t prcgrntfl.
~ ~ "~ r~i~ r~ ~ ~ ~ ~y ~ a ~y ~ a ~y ~ an Indian T~bc wh~h
The rec¥iertC ehafJ have a cho~ of ~bm~ ~ MonO~ or ~a~ F~I ~ ~
[~ Fo~-~A-~)] ~ ~& M~ ~m~m~: ~ime (1-11) arc au~ ~i~on~
(~1) da~ ~ ~ ~ ~ ~ ~ ~. O~ ~m~em~ ~tma (1-~) ara duc
Allowance fo~ ~ ~ u~l~- ~ ~ul~j~am. ~hall be d~.cr~it~.d acco~di~j ~o 'Gm, n-al PHnciFlc~ of
AJlowahTP. y and ~r~mla~d~ fo~ ~..ctc~ ~ ~r~m~' ~ foer. h i~ ~ 0ff~ of Ju~T. ic~ Program~ Financial
Gui~c. U-G. Dcpa etm~t~ of JL~t4e.~ Common J~uJ~ f~ 5'.at~ du~ Local Gov~mn~-nte a n~ fe.4/cral OM D Circular
No. A-&?. 'Co~I~ P~e fo~ ~ and log, al Govc~ncrr~', o~' OMD Ci'cubr No. A-21. 'Co~t PHnci~s fo~
Tmv~
I
q
~nce s~E ~.a~ aFF~val fro~ tl~ d~Ta~r, for ma~or d~ang~. T~e~ ~c~, ~t ar~ not li~ite~l
a. Chan~ce in i:,mjac~ acUve~, dc~ig~ o~ rg~Jrch Flans e~ fo~h in th~ aFl~OV~ agr~n=:
I
10.
the ha'tau..~pifl ecplai~ rta~on~ for dday and ~cs: sr~o:J~r rc~i~
11.
God ~ of Ch~ ~ memy. scr~ of rd~ ~ov~mmg~n; in ~hcr ~e eovcr~jn or
12_
roi tnd ~2/K~m imt~rt~m~r~ Forrnuio rtn= Program
~~ ~ ~ ~a ~'~ ~j~ a~ ~l~c for
Aud~
J
i~,~.
.!
· !
40 or do nog mgg~, EEO Fr'oejr.am ~ e~ ~ fortJn in ,Secston ~ of The F~I Omnii~u~ Crime Corrr. r~
ghie . · -='- ~ m ~ ~~ ~ a i~ ~ · ·
in ~ Ju~ ~ I~ ~ ~ 19 ~, FuA L ~ I57. 42 U~ ~
26.
CFR F~ 23 -
The ~ of i~c~G:lj'l, iN~m and cH:41g, lCion ~ Fay undgr :h~ agrr, cm~rrr, ~ ~~ ~on Jn Jnn~l
F~I ~~ ~ Lo~
~ ~ ~1 ~,' ~ ~ ~ F~ 2~, 1~, F~I ~.
~~ ~~ ~ ~I~ ~ m~ ~ f~l ban ~ ~1~,~ ~ m~.
~-,,_ /1~ ) -a'-"--,, ,1,~,, ~al'r, KW'~ml~ ~ r"llkl~"'~ 'iL ... ' ' --------~.--,~.
viola'Ck:m by ck~ ~ recipimtg, of the m'nploymw~.. J:~Mei~.j conCaingd/n 5~.,cCio~ 274A(c) mt t,~ INA
~ril 20, ~998
Collier County Go~ Complex Bldg. - J
3301 Tamlami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
State of Florida
Department of C~.-,~ityAffairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
By=ne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Captain Paul Canady has my
permission to have signatory authority on any aI791icable grant
documents.
If you need further information, please feel
free tO contact me.
JH/A:ssa2
(941)
Mr. Clayton R. Wilder
Coumamity Proc~_~ A~ministrator
Bureau of Coummity Assistance
D~t Of Cou~u/nity Affairs
2SS5 Shumard Oak Boulevard
Tallahassee, Florida 32399o2100
Re: Compliance with Equal Em~l~nt Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
X, ~he ,_,~dersigned authorized official, certify that according to
SectAon 501 of ~.he Omnibus Crime Control and Safe Streets Act of 1968 ~
Su~rec~ent X Do~me~Aac~
Do~ not me~ Act criteria.
.{
'-' I affirm that I have read the Act criteria set forth in ~
iInstructions. I understand' that if ~he subgrant reciP.ient meets these
criteria, it must formulate, imslement and mS. intain a written EEO Program
relating to e;~l~t' practices affecting m~nority persons and women. I
also affirm that the subgrant recipient ....
~ a curreut EEO Pms~m Plato , Does not have a curraut EEO P~Dmm Plan.
~. I further affirm that if the recipient meets the Act criteria and does
~' not have a current written EEO Program, federal law requires it to formulate,
~ implement, an~ maintain such a program within 120 days after a subgrant
- application for federal assist_~ce is app~ or face loss of federal funds.
i Name and Title: P~mrbara B. Berry. Chairwoumn
Board of Countv Cou~Lissioners
· ~..:j.~,,-:~..~. : · . .
·: ' ' '-~' :'-'.';'. · X ~ - ~u:i~'~--- ·
"~ ~ ,~ ~ . ~ .. · ..~ .....
· ~'o - "=-~~.'2.~t.'-. ·
· d~/~- m~4~'~ .. .... :.' ~...?~/.,'.,~,'_..
~' "-' "-"""',,'"' -. ' · .~-- -'s;;Z./<.l. ',[,,.'f~--,,m,~.,,~.,.~.-z../'~."-'~ .1'.~.,{~,~,,.~ ·
· ".~. '~ .--..':....~ ?,._........o ....
· '
, . '---. .......... :.m__i_.LC .... °~.-,.',-,.._.-~ml%'. /-"~:"~"'d";:'"','; '~ -."
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774.4434
Mr. Clayton H. Wilder
Community Program .A~min/strator
Bureau of Commmity Assistance
De~~t of Cou~unity Affairs
2555 Shumard Oak Boulevard
Tallahassee, Flor/da 32399-2100
Compliance with Equal En~loyment Opgortunity (EEO)
Program Requirements -- Subgr~c Recipient
Dear Mr. Wilder:
the undersigned authorized official, certify Chat accordin9 to
501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
Subgraat recip~em X Does meet Act cntma. Does not meet Act criteria.
~ I affirm that I have read the Act criteria set .forth in ~
*~' In?tructions. I ~_,~derstand that if the subgrant recipient meets these
crXteria, it must formulate, implement and maintain a written EEO Program
~ relating to employment practices affecting minority Persons and women. I
0 also affim that the subgrant recipient .... '
~ a current EEO Program Plan. Does not have a ct=rent f:~O Program Plan.
I further affirm ~hat if the recipient meets the Act criteria and does
funds.
and Title:
Don H~nter. Sherif*
Collier County. Florida
u"~/a:see2a
Date:
Anril
20. 1998
~ru~ ~ '~oi an~ =y~;~m lmFrov#m~nt t:ormuL rant Program
(F..~w~ ~ t,4~mor~al ~ and Loc. al A~i~anr. e P~ogmm)
Come.one including s~'k~ov~, ~o~, ~. on thi~ page ar~ not acce~ble.
~ ~ Flora
DeFa~ ~ ~mmun~y
~ureau ~ ~mmun~y
'
T~~it7 ~ro~am ~inistrator
~ G~cmm~l Unit
(~mmi~i~ ~ai~an. M~or, or Desi~
T~ Name ~ , ~llier ~mt7 C~ission
~ D~ ~/~ ~/98 FEID Num~n
~ ~,..%::::,.~ .... .
F - -~; .' '". ' -
.. .,;.
~ T~]KT T~B BOARD 0P COUNTY C(~MISSIC~r~H~ BI~ ~ ~TIFI~TI~
224.
~~i~ ~~ s~~C a~d.
~~~l ~ ~il 7, 1998, ~e B~d of ~Cy ~ssi~ers
a~eed ~o a~ ~ ~ ~~=~ ~= of g~~n= for ~ S~a~e of
~~, ~~ of ~~y ~fairs ~=~-~g ~se ~ Fo~la
May 12, 1998, the Board endorsed the Sheriff's Office application for
O~ Jtlly 20, 1998 the Sheriff's Office received the Department of
Cxmmum/ty Affairs grant award in the amount of $S9,224 tO fund the
Sheriff's Office Street Oang Prevention and Apprehension Program.
F~TSCAL I~PACTI The Grant award of $59,224 iS to be matched by $19,742.
Funds arm included in the FY99 budget (115-641011). Prior to budget
adoption lundin9 will be allocated to project 33267.
potential for 3 year grant. This grant period
~u~equenc years iz cont~u~ued fund/
· ng is not received,
ce muaget request based upon available budget
_~%~use. ~x~. t _ ~ 99-cJ-gM-09-21-01-002/Street Gan~ Preventf~t~ni -~
Tb/s request is a legitimate ex~end/ture of Confiscated Trust Funds under
~eC~ion 932.7055(4)(a) Florida Statutes to provide match/ng funds to
ob~a/n federal grants.
~ BY: C~.~al X. K/nzel,' Yinance(~irector
Doa ~unt%m, Sheriff
,Zu3.Y 21. 19~
Date: ~lv 21. 1998
Office o~ the C~mtv &ttorne? Attention:
Thomas Palmer. Esq.
F{nan_ce Director
J?%tle)
Sheriff,s Office ,., F~_~_nce Division
(m:v'J.l:L~o) (Z),B~)
~.~= ~;~ ;~n~ ~99-~-9~-09-22-02-0~2 ~ard
(~)
. ~ehension Program.
· government on April
The ~heriff's Office has been awarded second year funding from the Florida
Department of Community Affairs for the Street Gang Prevention and
The Board agreed to be the coordinating unit of
7, 1998. The Board endorsed the Sheriff's Office
a~lication on May 12, 1998. The Sheriff's Office received the DCA grant
award on July 20, 1998 ~n~ needs the Board to accept the subgrant.
(Are there documents or Other info~tion needed to review this matter?
yes, attach and reference this information).
If
Certification of Participation
Legal a~roval of gr~_nt award documents.
C: Doll Hunter. Sheriff
I AH~ a
STATE OF FLORIDA
DEPARTMENT OF COMMUNITY AFFAIRS
'Helping Floridians create safe, vibrant, sustainable communities'
LAIa'1'ON CHI1J5
JAMES F. MURLEY
Secretary
July 15, 1998
oo
The ~onorable Barbara B. Berry
ChairDerson, Collier County
Board of Commissioners
3301 East Tamiami Trail,
Naples, Florida 34112
Re: 99-cJ-gM-09-21-01-002/Street Gang Prevention and
Apprehension Program II
Dear Ms. Berry:
The Department of Community Affairs is pleased to award an
Anti-Druq Abuse grant in the amount of $59,224 to your unit of
government. These funds shall be utilized to implement a Drug
Control and System Improvement Formula Grant Program under
Purpose Area 024, Gang Abatement.
A cody of the approved sub~T, rant aDDlication with the above
referenced project number and title is enclosed for your file.
All correspondence with the Department should always refer to the
project number and title.
Your attention is directed to Section H of the subqrant
which is the "Acceptance and Agreement.. These conditions should
be reviewed carefully by those Dersons resDonsible for Droject
administration to avoid delays in project completion and cost
reimbursements.
The enclosed Certificate of Acceptance should be completed
and returned to the Departmen~ within 30 calendar days f~om the
date of award. This certificate constitutes official acceDtance
of t.he award and must be received by the Depart~~
reimbursement of any project expenditures.
2555 SHUMARD OAK BOULEVARD · TALLAHASSEE, FLORIDA 32399-2100
Phone: 850.488.8466/Suncorn 278.8466 FAX: 850.921.0781/Sun,:om 291.0781 ~.~"~
Interne! address: http://www.state.fl.us/comaff/dca.htn~l .~._
The Honorable Barbara B. Berry
Page Two
_We look forward to workinq with you on this Dro~ect. If we
can be.of further assistance, ~lease contact Colleen Matthews
at 9S0/488-8016.
Sincerely,
Clayton H. Wilder
CommuniCyPr.ogramAdministrator
Bureau of Community Assistance
CHWICMlam
Enclosures
State of Florida
Department of CommunityAffairs
Division of Housing and Co...unity Development
Bureau of Community Assistance
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
CERTIFICATION OF ACCEPTANCE OF SUBGRANTAWARD
The subgrantee, through its authorized representative,
acknowledges receipt and acceptance of subc3Tant award number
99-CJ-PM-09-21-01-002 in the amount of $59,224,
for a Project entitled: Street Ga~ Prevention and
APpreh~sionPro~ram II
for the period of 10/01/98 through 09/30/99, in accordance with
=he statement of work contained in the subgrant application, and
subject to the Department.of CommunityAffairs, conditions of
agreement and special conditions governing =his subgrant.
(Signature of Authorized Official)
(Date of Acceptance)
(Typed Name and Title of Official)
DCA-CJ Form I (June, 1985)
State of Florida
Department of Community Affairs
Divisio~ of Housing,and Community Development
~ureau o£ Co~munityAssistance
The Sadowski Building
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399
SUBGRANTAWARD C~RTIFICATE
Subgrantee: Collier County Board of C~es£oners
Date of Award:
~rant Period: From: 20/01/9S To:09/30/99
Project Title: Street Qang Prevention and
APprehension Pro~ramXX
Grant Number: 99-cJ-gN-09-21-01-O02
Federal Funds: $59,224.00
BGMTF Funds:
State AgencyMatch:
Local Agency Match:
Total Project Cost:
Program Area: 024
$19,742.00
$78,966.00
Award is hereby made in the a~ount and for.the period shown above
of a grant under Title I of the Omnibus Crime Control and Safe
Streets Act of 1968, P.L. 90-351, as amended, and the A~ti-Drug
Ab~se Act of 1988, P.L. 100-690, to the above mentioned subgrantee
and subject to any attached standard or special conditions.
This award is subject to all applicable rules, regulations, and
conditions as contained in the Financial and Administrative Guide
for Grants, ~uideline Manual
7100.1D, Office of Justice Programs,
Common Rule for State and Local Governments and A-87, or OMB
Circulars A-110 and A-21,
in their en~ire~y.. It is also subject
to such further rules, regulations ana pOllcles as maybe reasonably
prescribed by the State or Federal ~overnment consistent with the
Purposes and authorization of P.L. 90-351 as amended, and
P.L. 100-690. '
Tb/s grant shall become effective on the beginning date of the
grant peric~provided that within 30 days from the date of award,
properly executed Certificate of Acceptance of Subgrant Award
is returned to the department.
Cla~con H. Wilder
Co~,=,unity _Program Administrator
Bureau o5 C~um/tyAssistance
Date
[X)Th/s award £s subject
(attached).
BC~Revised 7-1-79
to special
and/or standard conditions
Drug ¢ '~'ol and ~y~tem Improvement FormuL 'rant. Program
1999 DCA Co~ra~ Number
A. Namm& A~re~ee
2. Chi~ FimancLal Offic. cr.
Name of Chi~ Financial Offica-: James ~tchell
T~. Fi,nance Direct,or? Deputy Clerk
Addreee: 3~01 Tamiami Trail East, Court Plaza I~/~
C~v. ~ce, ~]p Cod~. Naples, Eloric~a 34112
~.~_.C~..W~_.~...N~ ISUNCOM No.' I)~J Coa~F~x ~o.e .o-
, I(~Z )774-
. ~)!~41 ' ~A~ I 774-6179
~Name of Chef Ex, curve Off~iaE Don Hu~ter
?~. Sheriff
Addree~: 3301 Tamtam/ Trail East, Building "J"
C~y. ~ 2~p Cod~. Naples, Floci~a 34112
Ar~a94Co4.~r _e~hone No: ]SUNCOM Noz I~'~ C~J=~x ~one No:
4434 I 774-4434 { (941)774 -5735
J.~UNCOM No: larva Code/Fax) ?hone. No.:
Jo~ce Eouran, Grants
Oru~ "' 'r&ral Jntl ~,.~m Im~,tm#rt~ Farrnz grtrr~ Pragr.~m
¢~ ~ M~m~t~l ~ff, a'fle tntl Lt~ratl Aeei~r,~n~ Program)
1. ~ro~'T, Ti"~ (Nog r,o exceed 8u~. ch~racr~r~. Includintl ~r2acc,~).
LSd. reel: C, at~ ..l~even~ton and ~oi:~-eherm:[on i:~'ogram ]~
For P~kxl.
_ P~ Month D~y Y~r
~jm,{mj 10 1 1998
~i~ 9 ~ 1999
[ l~ or4~r ~han r.~ Chef Fi,ancial Office) F.~m~ Warrarrr, ~
Collier.. County Sheriff,s Office
3301%~ntami ~ratl ~___n~
I ,
[ Buil~in~ ,'J' - Finance Division
Nap!es~ Flori_~n_ 34112
gl~o-;~ ~~--~-~--2r?Y'~ "-"'~ ~ ~ r~ ~m~.~r~ ~c~
59-6(X)0-558
provide a ehorT, eummar~ of your' Out'renT. Fro~rarn and d~c:n'b~ ar~ tjaF,~ b~.,wecn curr~rrr, ar~
who ~ do whaT.. ,,,h~.. ,d~re aM how.
51~ P'AC~ 2 Of: INS~ON5 ON II'F. M5 TO INC:LUD~.
PROBLEM IDENTIFICATION
The specific problem to be addressed with grant funds is the street
gang problem in Collier County.
Collier County is located in Southwest Florida on the Gulf of
Mexico. Collier County encompasses 2,025 square miles, making it
the largest county east of the MississippiRiver. The demographics
of the County are diverse.
The bulk of the County's population is concentrated within 5 miles
of the coast. This part of unincorporated Collier County is home to
many of the area's middle class citizens. During the past 25 years
the County has undergone tremendous growth, increasing from 38,040
persons in 1970 to an estimated 194,036 persons in 1996. In
addition to the increase in the permanent population, each winter
brings an influx of seasonal residents. Population in the City of
Naples and the coastal sections of Collier County increases by
agproximately 33% during the winter months.
The agricultural community of Immokalee is located about 25 miles
from the Gulf of Mexico. Permanent population of Immokalee is about
18,622. During the winter harvest months an additional 12,000
migrant farm workers reside in Immokalee. The remainder of Collier
County is comprised mainly of Federal and State Parks.
During 1995 Collier County had the highest median family income in
the State of Florida. This high median income, however, hides the
contrast between retirees with large investment incomes and seasonal
workers earning the minimum wage. Despite all of the demographic
d/fferences, public safety is=ne issue that impacts all elements of
the population.
Since 1992, when street gangs were first ident ie~
degrading the quality of life in Collier County. ~nnoc~n~ c~t[,z6ns
h~ve been shot, raped, assaulted, and intimidat~d as a result of
gang related crimes. Experts in the field hags
Collier County is at the threshold of a street
could become impossible to control if it' is not soon thwarted.
There are approximately $44 identified gang members that can be
placed into 35 street gangs. The number of street gang members has
nearly doubled during the first year of this grant. We expect the
number of street gang members to continue to increase along with the
population.
The average street gang member in Collier County has been arrested
at least four times. Therefore, street gang members are responsible
for at least 2100 documented crimes. This does not account for the
number of crimes that street gang members are not identified as
committing.
The average age of a Collier County street gang member is estimated
to be 16 to 18 years old. Actual ages range from early teens to the
early 30's. About 50% to 60% of the known gang members in Collier
County are Hispanic males.
More time is needed by current Street Gang Unit Investigators to
address the continuing increase in street gang members. The
Investigators currently enter all data on gangs in the tracking
system as soon as feasible during their very busy days. This data
entry task takes valuable InvEstigator time away from identifying,
tracking, apprehending, and suppressing street gangs. Data entry
by the Investigators has sometimes taken prioritycver Investigator
availability for other important issues such as street gang
awareness/prevention presentations to the c~ity. Investigators
need to devote less time to data entry and more time to street
operations. More time is also needed to allow the immediate input
and analysis of information of the Street Gang Unit to use to
address Collier County's street gang problems.
Data entry is a priority issue that needs to be addressed in order
to help make this a more effective program. With'the addition of a
data entryperson, street gang Investigators will bsa bls to devote
the majority o£ their time to street operations. The current
tracking system for street gangs and their members is very
comprehensiveand it requires completeand accurate information. A
full-timedataentryperson will fill current needs and will enhance
and expand the program to benefit residents of and surrounding
Collier County.
a: gapi2
PROGRAM DESCRIPTION
The Collier County Sheriff's Office (CCSO) Criminal Intelligence
Bureau was established in 1992. The initial task of the
Investigator assigned to this unit was to assess the extent and
nature of the gang situation in Collier County. During this
planning and analysis phase, which lasted approximately 3 years, the
Investigator documented the existence of organized street gangs
within Collier County and identified approximately 100 members.
Many of the gangs identified had their origin or received their
inspiration from street gangs found in larger metropolitan areas.
Concurrent with this fact finding, the Gang Unit Investigator was
called upon to present his discoveries, first to law enforcement,
and later to the public.
The Street Gang Unit is currently comprised of the senior
Investigator, two street gang Investigators (one of which is funded
by this grant), and a crime analyst. The Investigators are currently
responsible for all gang-related intelligence gathering, graffiti
investigations, presentation to law enforcement and non-law
enforcement audiences, maintaining a liaison program with Uniform
Patrol, media interaction, gang suppression efforts, pre-gang
intervention, and counseling. Gang Unit Investigators also work
with Criminal Investigation Division (CID) Investigators on ~any
cases in which are thought to have been committed by gang members.
In addition to their other duties, members of the Gang Unit are
currently engaged in the time consuming task of entering street gang
information into a computer database.
Since the unit received this grant and appointed an Investigator, we
bare documented almost twice as many street gang members than were
previously reported. The unit continuously updates the street gang
intelligence database by receiving raw data and analyzing it.
This grant will continue to fund one street gang Investigator. In
addition, CCSO is requesting funds for one full-time data entry
person. The data entry person will greatly enhance the current
Street Gang Unit by allowing the Investigators ~ore street
operational time. Also, the ~ta entry person will work hand and
hand with the crime intelligence analyst. That partnership will
,nh~nce the free flow of intelligence information from the street
g~g unit to line units.
The agency and grant funded Investigators allow the Gang Unit to
utilize better tactics to identify street gang leaders and members.
For example, data is collected, collated and d/stributed; and
surveillance and confidential informant interv~s-~v~ ~on~.,c~
The data entry position being requested wou/d g~ve t the
time to implement other methods of suppressing ~angsf,aud .p~. osecuti~g
gang members. Tactics such as street sweeps, ] road~c~'~,'"~d
invoking of RICO or federal firearms statues s~and a better chan~e
o£ being success£ul if members of the Gang Unit have the time needed
to perfom the preliminary work and follow-up.
Finally, and of paramount importance, the requested Investigator
position increaees officer safety durin~ all operations and while
uakin~ a~'rests.
~n conclusion, the funded Investigator and data entry person will
Freatl¥ enhance the.. st?eeC gang unit's ability to identify,
~.investigate, and era~tca=e street gang members for the community.
!
a .' gapi2
~.~ra lmprov~m~nf, Formula ~r~
you ~ imp~ Your a~i~on i~ n~ com~ ~ho~
~'~r~ t~ow and u~e con~ua~n F~g~ a~ nace~ary.
~SE AREA 24 - OMgO KBA~-aaa~x
~IGH ~ZSK/GANG PP. EVENTZ~ FROGP. AMS
PErFOrMaNCE )~I~E S
Law Enforcement
Objective 24.11
Objective 24.12
Objective 24.13
Objective 24.14
Objective 24.15
To identify, collect, document, track,
maintain, and distribute gang intelligence
information to law enforcement units on known
500 gang members using automated data
processing equipment during the grant period.
To arrest 1~0 gang members and gang wannabes
on various law v~olations including responding
and assisting law enforcement units in gang-
related arrests during the grant period.
To transport 75 gang members and gang
wann~es who were truants or suspended
students during the grant period.
To educate and train 1000 members of the
community on gangs.
To publish ~ issues of enhanced gang
intelligence (including pictures) to be
distributed to all local Law Enforcement
Officers.
j h/a: gaobJ
roi and ~yg~m im~ov~men: FormuL rant ?rogram
Regular Salaries
Overtime
Incentive
Social Security
Retirement - H/gh
£etiremen= - Low
Health lnmLrance
Life Xnsurance
Workers Compensation
Total Salar/es
$50,341.00
200.00
1,560.00
3,985.00
8,838.00
3,066.00
9,200.00
177.00
78.966.00
Total Expenses
Torn/ OCO .00
~IAI~ ~ $ 78,966.00
These project costs are necessary and reasonable for proper and
efficient project administration and implementation and NOT s
general ex~nse to carry out overall responsibilities.
Pursuant to Section 932.705 (4)(A)
~unds of 25% of the project's
Confiscated Trust Fund.
Florida State Statute, matching
cost will be provided by the ·
Purchasing methods conform to existing policies, regulations and
procedures. Net of all applicable credits does not apply.
Allowable project costs will be expended or obligated during the
approved subgrant period.
Overtime in the Salartes andBeneftts Category line item in Section
G includes bo~h salary, overtime and benefits. The proposed data
entry clerk Dosi=ion is new and will result in net personnel
increase to the agency.
· Cost principles pursuant to OMB Circular A- 87; Uniform
Administrative Requirements pursuant to OMB Circular A-102; and
Audit of Federal Orants requirements pursuant to OMB Circular A-133
are followed.
Jh/a:pbn2 .: '* *~ '"*
s~-~,, #. ~e ~m.
PROJECT B17DGET NT~RATIVE
BENEFITS=
$78,966.0O
INF~STI~ATO~ ~
The Street Gang Prevention and
Apprehension Program Investigator
(Certifie~ Deputy) will be responsible
for:
identifying gang members and wannabe
gang members, tracking the street gang
members, aid in preparation of trail
~ediums, monitor and support other
bureaus or agencies, perform post
arrest case enhancement, a~ear at court
proceedings, follow the records of con-
victed street gang members into and out
of the Juvenile justice system, examine
cases in detail,1 investigate the quality
and civili~ witnesses, technical prob-
lems, gaps in documentation and possible
defenses, provide State Attorney's Office
with case enhancements, CIB enhancements,
technical assist~-ce for CID, provide
co~prehensive profiles for active street
gang members, align with prosecution to
project a responsible and unified posture
to the Court, the defense, the Jury and
the co~mmity, appear at hearings, arraign-
ments, trials and sentencings, seek bonds,
c~.~'c.{tments, and courtroom assistance when
appro~riate, work with Victim Services
Bureau and Court Liaisons.
DATA~CLE~
The Gang Unit data entry clerk will be respon-
sible for:
all necessary data entry tasks related to
past arrests, field inte~ew reports, school
attendance and discipline, contacts with DJJ,
H~S ~ ocher data necessary to create a com-
plete profile of the juvenile offenders, assist
the Gang Unit Investigators in the preparation
of background Juvenile profiles, maintenance
of co~uterizedandhard copy files of the
Gang Umit section. ~
Jh/a:bng2
and ~m Im~er~, Formul,~ .rr~ I~rogrJm
.ew ano will resu~ In ne~ personnel increase t.o the agency.
.?
H
~eug C. roi and ~ye~m Impravem#nt Farmul,~ 'ant Frogram
Ali p~ ~ed 'm or In~nntj adminiet, raf. ive r~n:nn~T~,y f~r thg eubgran~ mu~ read 1;here 'AcceFr. an~e
amd Agrtgm~ e~i~e. ~hi~ '~e..q~ne~ ~ntl A~,re~mgnt' (Se~q~ H~ mu~l; be r~l;urne, d a~ par1; of
Note Conditian No. 12: Only project ~ incurred on ~af'.~'tha effeo't,i~a data of thit agreement and
on ar prior r.a t, ha t,~-mination date ~*~ ra~ipiarff,'~ F~'Oj~l~ ara al'~jF~la far r~imbur~rner~.
Th~ ~ 'd~Tarr, m~r~', unl~ ~tJ~eewita ~t~,ad. r~fer~ to the O~-Tar~m~n~ ~f C, ammunity Affair. The t~rm
Jo
Fe~ 1. Idty 1. ~ 1. and wi'..hifl ~ C4~} day~ af~ ~ ~d~,gr~r~ t~n. ninal;ion da~.
The ~ ~hall eu~rni~ an Armu~t/~m~cl~ Pm-/~rmane~ P,~/~, fo~ the "~ri~/~a/" F~'Oje.~t period. Thi~
rq~t ~hall l:,e ~,ubmil:~.e.d 'r.,o the bureau within f~yd~ (45} ~ia~ z~. ~r ~e ~ af the original projec~
pe~a. TI~ ',~/nar l~j~'~ I~ i~ g~tra~ ~r ~e 02) morr~s.
~. Pinar~ial
~a~y a~ ~rd~ for ~ ~ ~' ~ f~ ~ ~ ~ ~ j~ P~mme F~i
~Me. U~. O~a~ ~ J~ ~m~n ~u~ ~r ~ A~ ~1 ~~ a~ f~l OMO Ci~r
No. A-&7. "~= P~e f~ ~ j~ L~I G~~", ~ OMD ~r No. A-21."~e= Fd~i~ce for
aGcordinej Go U.~. D~J~r~n~'~ of Ju~t,i~ Common I~uks ~or 5C.J'M an~l Local C-ov~m~,,e. or A~.achmerr~
'0' of OMD C'~ulJr No. A-tlO and Florida law Co be ~i~le for r~nbureem~Tr~
Trl~nd
A~ T. ravel ~mbur~-Tner~ for OuT,-Cff-~Caco Or ouC-of-gmr~.eFecifle, d work area ehall b~ baer, d upon wrtC~n
1'~ c,o~ cfi jl CrJYd ~1 be retm~ jr.c. ord/ng Co local rr. t3jb'r, iofle,Intr. noT. in ~.xc~e~ c~ Frovieione in
~ 112.0~ Flor~M
All kll, fOr any r. rJvd ~ee eha~l be ~ubmiCT, ed aGGOr$~j CO l~-~,iorm in 5~"r. ion 112.0~I. FJorf~J
Drug C rot and .~,gcgm ImFr'~,,#merr~ Formul~ -arr., Program
THg o1~ cf f. he .~r.~ o~ FIo~la ~o e~iml~r'~e r~ for in~un-g~l c,o~,e i~ ~Jl~ ~o available federal
ehal ~ J~:~- ~ e~O t,h~ lPur~u, adJain ~q:~ini~j r~eon~ for d~Lny and rex[ucc1; anor. h~r
10. Ex',,c~io~ gE a Cowr, r,~,~, fo~ Corr'~-acr. ual ~ervi~e
and ~ eec forth in she ir~J~l ~.on~¢C. Only ona e~T~neion of TJ'm corrc~r, ehall b~
~,rug G roi and 5yar,~m imFrav#m~n: ForrnuL~ rtrrr, f'ro~ram
(Ett..,~ t, ym~ Memorial ~ t~l ~1 A~i~r~nct Fn~r~m)
Prt~jr~m inc.~A meJn~ 1~ tjrt~t income e~rrunl I~'fhA ~ dur~j ~ ~ubgran~ F~'iad. Al a dire.~
rt~lr, af~u~ ~ui~grzn~ ~ward. Frogrjm inc. on~ ~1~11 I~ handle, d ac.c~'di~j ~ ~ ~ ~f Ju~,.ic~ l'rogrzm~
Fin~n~l C,u/de. U-~. Oq~a~n~ af Ju~r. ict Ctn~m~n ~l~ f~r ~r.,~.t and/.twit Cnn,m'nn~n~ I~-~nc~:.
~ TJ~ oubj~'T, jud~ in TM ~'hddub~ff'FwGm'M F~Jn~blA~b'r. fn~.~ TIM CCmCr'd~ eh~l IM M~fl~.h~J
a* fr. dm'Jl funde I~W.d. Chrm~ T. hd Fior~ ~ c~ C.~,mmYr~y Aff ajm jrKI ~ ~ conc~
number. CFOA number. ~nvard amourS. ~ perk~. ~f r~ ~nd d'~mr~d. ~ tpFr~a~.
1:~ r~piern; ~1 ~ jn tnnu~f fln~nc~l ~mdlG ~ m~'~e 'd~ req~ of ~ 11A~ zed
and ~yec~m Imi:~-m~m#rri: FormuL rJnf: I~rosram
p~.
and
0":""
r.~ bm'¢au, of the U..~. i:)~,arsm=n= of Ju~t~ca ~ur=au ch' Ju~t.~c~ A~r. Jnc= ~ bor. h hay= r~= Fr~'l~= ~
a. ~qore ~ ~r Fn-~.ir~. a final draft, tn%my ~ re.q~-e.d under ~' F~,T~inin~ t;a ghee a~r~n~rff.
· haff be eer~ go The d~lMrt, mm, rr, f=~./~ r~vitw anti c. omme~ '
and ~.ar r~a r~n~ wa~/nd~l~had.
Affaln. ~ d Fkwlda, and I~0~ ~r~au ~~ AH~ranc~ (~J^}, Of~ ~
Juat~t Fnujrm-~ (OJl~. U-~. Oq,artmm~ ~f $u~t~e. Tnt eJ^ ~ a c~mpenm~ ~ ojr whk~ al~o
and Oerequancy Pnn,'mt. ion, and the ~ f~r V'~,~ ~ C,'im~.'
Improvement. Formula 'ant F'rogram
Local A~,i~canc~ f'eogeam)
........ rJ,-,~m ~ or OF~.'at. ir~j a ~1
Pub. L ~, Pub. ~ ~15, Pub. ~ ~, ~ub.
Oru~ C, 'al and ~y~r, gm Improv~mgn~ Forrnul~ "
(~ ~ Me~I ~ ~ ~l A~,~ e~=m)
~ f~l ~. ~ra~ loan,
c. ~e ~~ ~ r=~u~ ~ ~e ~e ~ ~ ~~n b~ i~ ~ awar~ doc~ for
Jrt c:lc~.o~ · ·
Collier County Govt. Complex Bldg. - J
3301 Tamiami Trail East, Naples, FL 34112
Telephone (AC 941) 774-4434
April 24, 1998
State of Florida
Department of Community Affairs
Bureau of Public Safety Management
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
Attn: Mr. Clayton H. Wilder
Re:
1999 Byrne Grant
Signatory Authority
Dear Mr. Wilder:
Pursuant to the referenced Grant, Lieutenant Will Sargent has my
perm/ssiou to have signatory authority on any applicable grant
documents.
SIGNATURE
If you need further information,
Lieu~ W~Sar~e~t
please feel free to contact me.
JH/A: ssa2
Mr. Clayton H. Wilder
3301 EMI TanllmiTrM- ~ Flodda 34112-4F/7
~) ~74-~- Fax (~) ;74-3~02
C~ .... ~-4ty Program Administrator
Bureau of Co~unityAssistance
De~ment of Co,~u~ityAffairs
2555 Shumard Oak Boulevard
Tallahassee, Florida 32399-2100
with Equal Employment Opportunity (EEO)
Program Requirements -- Subgrant Recipient
Dear Mr. Wilder:
.1 .%~ I, ~he undersigned authorized official, certify that according to
~ec~£on 501 of the Omnibus Crime Control and Safe Streets Act of 1968 as
~mc~p{~ X Do~m~A~c~4t~'i& Do~m~A~t~a.
.. I affirm that I have read the Act criteria set forth in Subgrant
ADDlication Instructions. I understand that if the subgrant recipient meets
~h~s.e criteria, it must fo~.a~late, implement and maintain a written EEO
Program relating to employment practices affecting minority persons and
wo~en. I also affirm that the subgrant recipient ....
X Has a current EEO Program Plan. Does not have a current EEO Progrmn Plan.
I further affirm thaC if the recipient meets the Act criteria and does
noc havea curre~twritteng~OProgram, federal law requires it to formulate,
im~lement, and maintain such a progr~_m within 120 days after a subgrant
al~plication for federal assistance is approved or face loss of federal funds.
Name and Title:
eBy ':" '"" ":' "'::":'"'"'"'~"; ' '
· - -'... *~ F' '.~':" '. ~. ~. : ~
12
: . . · - ..., ua,..=:-
u-la seez'-'-:---- .. ,--'..;.:--':.'c...r .
Board of County Co~nissioners ~ - ~:
Collier
County.
-;...'%_ .-' '..:..---__ · , ~ .--. ...... .
· ~ ,,.. ~, '.~ ~,', ~.
C, ollie~ County ~ Complex Bldg. - J
Tamiami Trail East, Naples, FL 34112
Telephone (AG 941) 77'4-4434
:,~ lV~. Clayton R. Wilder
' Co~mmity Program Administrator
,. Bureau of Co~mmnityAssistance
.:. De~rt~3~ent of Co~manityAffairs
:~" 2555 ShtmardOakBoulevard
Tallahassee, Florida 32399-2~00
Compliance with Equal ~mploymenC Opportunity (E~O)
Progr_~m Requirements -- Subgrant Recipient
Dear Mr. Wilder:
I, the undersigned authorized official, certify that according to
8eccion 501 of ~he C~s Crime Control and Safe Streets Act of 1968 as
' Su~ reci~em X _Doas ma~ Ac~ crita~ ,Do~ ~t m~ Act crite~
I affirm ~hat I have read the Act criteria set forth ~n. ~
ADDl~--tion I,,tructions. I zu~derstand~hat if the subgra~t reczpzent meets
~[z~se--~teria, iC must formu/ate, implement and maintain a written EEO
Program relating to employment practices affecting minority persons and
wo~en. ! also affirm ~hat the subgr~t recipient ....
X Has a ~ EEO ~ Plan.
Doe~ not have a current EEO Program Plan.
I further affirm ~hat if the recipient meets the Act criteria and does
not have a current written EgO Program, federal law requires it to formulate,
im~lement, and -~intain such a program within 120 days after a subgrant
ap~lication for federal assistance is approved or face loss of federal funds.
Name and Title: D~n Hunter. Sheriff
Collier Count_v. Florida ' ' ......................
4~.~'.~, ~ ;.2 .:
JH/a: see2a
.;
o
!
:1
DY'u~j C roi and 57~1;~m lmF~'Ov~nerrr, Forrnui~ .an'c F'r=gram
(E~I.~I ~ ~no~l ~ ~nd I.o~1A~i~n~
~e~on~ incl~ing ~'k~r~, ~i~o~, ~ on thi~ page are not acc~bl~.
5~_ I~gr~nl; I~.~ipierr~
Aut, horJzing ~1 of Govm'nman~l Unit,
(Commieeion Chairm~n. M~b'or. or O~nat, e,a R~'i~ee~rrr, ar, ive)
Collier County Cc~z~ission
DJt~. .5/1
FEID Numbgr': 59-6(:X3O-c;=iR
ci~i. ,4~lmini~r.,rator or De~nat, e,d l~Fre~errr, aT, ive
T~~]~unter, Sheriff
412O198
EXE~ SUMMARY
PETITION NO. PUD-S1-4(5), QUARLES AND BRADY KEPKESENTING THE WYND~
PROPEKTY OWNERS ASSOCIATION, KEQ~TING AN AMENDMENT TO THE
WYNDEMEKE PLANNED UNIT DEVELO~ DISTRICT FOR THE PUP. POSE OF
AUTHOKIZING A PEP. MANEN~ OFFIC~ BUILDING FOR THE WYNDEMEKE PROPERTY
OWNERS ASS~TION AND TO AMEND THE MASTER PLAN TO INDICATE THE
LOCATION FOP. SAID OFFICES IN THE WYNDEMEKE PUD LOCATED ON THE EAST SIDE
OF THE PLANNED LIVINGSTON ROAD RIGHT-OF-WAY ONE HALF MILE NORTH OF ~
GOLDEN GATE PAKKWAY, IN SECTION 19, TOWNSHIP 49 SOUTH, RANGE 26 EAST,
COLLIEK COUNTY, FLORIDA.
petition seeks to ~mend the Wyadezne~e PUD for the purposez of permitting the Homeowners
Aswciation to operate permanent adminim'~ve office~ temporarily at the current location and
evmmally at a relocated site, and to amend the ~ Plan to illustrate the location for said offices.
CONSIDERATIONS:
The Wyndemere PUD i~ located east of Livingston Road and one-half (1/2) mile north of the Golden
The purpose of thc ~mendment is to specifically provide that administr~v¢ offices in support of the
~ivities of the W~ Homeowners Association becomes ~n allowable use of land undcr the
tenn~ of the PUD ~.guhtory document governing how land is used in the Wynderaere PUD and to
Th~ ~mbject of this emeudmmt has W do with tho impact that m~y m zn~y not be created with the
dcvclopmcnt of a proposed edministr~vdoffice building of 7,000 square feet within thc gated
wmmunity ~t a poiat cleee~t to the entry. One must appreciate the fact that the administrative offices
will ~rve the function of ammd/ng to thc need~ of the Homeowner~ ~on which includc thc ca~e
and ~ of ~I1 of the common stea~ and related requizemeats of persons, residing in
Wymlemem develolxaem. The absence of a provision for allowing a use of land for this purpose was
no doubt sm oversighL M,my similar developments in Collier County require administrative office
space to execute the re~o~ibilitie~ now charged to the Homeowner or Pmpert3r Owners Association.
The major imeraction betwem the facility will be with the property owners themselves, and tha'cfore
there will be minimal external i .mpact from the use of land in this fashion. A location nearest to the
catty/exit ~ will mmlt in the least amount of impact to a mddeatial property owner which cannot
One ~hould ~ ~ ~ i~ _common land near the ~nto'/a~dt ~a which belongs to the
therefore have a s/milar ' .nnpact on nearby houzez. The fact thai the Homeowners As~ x:iati'oni: ~r.!~~°
1
AUG 0 4 1998
In summary this amendment will have no effect on the public interest, welfare or safety and no external
effect on properties external to thc Wyndemcre development.
The Collier County Platting Commission heard this p~tition on June 1~, 199~ and tmanimously vot~i
to r~co~nm~d approval to the Board of County Commissioners. No l~rson spoke oth~4s~
'communication any lc'vel of objection. A number of Ic, tters wcr~ r~ceived in support of thc amcndm~nt
to the Wyndc'm~r~ PUD.
FISCAL IMPACTf:
NOlle.
GROWTH MANAGEMENT IMPACT:
The type of amendment reflected by th/s petition has no effect on pwvisions of the Growth
Mansgem~nt Plan.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petitioner's pwperty is located outside an area of Hiswfical and
Archaeological Probability as r,~fet~ced on the official Collier County Probability Map. Therefore, no
PLANNING COMMISSION RECOMMENDATION:
That the Collier County Planning Commission recommend approval of Petition PUD-81-4(5) to the
Collier County Board of Coumy Commissionc-ra as descn~ by the proposed am~nrlh~g Ordinanc~
~nd Exhibit th~r~n.
DB
CURRENT PLANNING MANAGER
DATE
REVIEWED BY:
TMENT DIRECTOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
PUD~I-¢(~ EX SUMMARY/md
2
DATE
T~
FROM:
DATE:
RE:
--. ,..~,oNTY PLANNING COMMISSION
CObl2dUNiTY DEVELOPMEKr & ENVIRO~AL SERVICES
FONE 1, 1998
PEI~ON NO:
PU~81.-4(5), ~~ TO THE WYND~ PUD
OWNER/AGENT:
Agent:
John D. Httn~ile
Queries & Brady
Bnmett Center, Suite 300
4501 Tamiami Trail N.
Naples, Florida 34103
Wyndeme~ Homeowners Association, Inc.
385 Edgcmere Way North
Naples, Florida 34105
REOUTA'TED ACTION~
GEOGBAPI~C LOCATION.
The Wyndcmere PUD is located east of Livingston Road and one.-half (1/2) mile north of thc Golden
Gate P=kway (see ~ocation map fot~owin~ page).
Pt,'R.'N)~F2D~-~ON OF PRO_-JF..C~:
The Purlx~ of the smendment i~ to specifically provide that adm/nisu,afive offices in suPlX,n of the
activities of the Wyndemere Homeowners A~aoc/afion becomes an allowable use of hmd under the
terms of the PUD regulatory doc~ gover~g how land is used in the Wyndemcre PUD and to
AUG 0 4 1998
!
,I .1 ,... ,,,l SI IS IlS ...... 'LI_I ...............................................
SURROUNDING LAND USE AND ZONING'
Existing:
The Wy~demere PUD is extensively developed. The location
of the admin/strative office~ w/Il internally impact the nearest
re~/dences
Surrounding:
The amendment has no effect on properties adjacent and
external to thc Wyndemere PUD.
GROWTH MANAGEMENT PLAN CONSISTENCYi
The type of amendment reflected by ~ petition ha~ no effect on provisions of the Growth
HISTORIC/ARCIIAEOLOGICAL IMPACT
Staff~ aaaly~ indi~ that the petitioner'~ pmpetw is located outside an area of hL~rical and
EVALUATION FOR ENVIRONMENT.~L_ TRANSPORTATION AND INI,'RAS'j-RI~-,i-URE ~
· --r-.-,,~ ~ ~ wmca proce~ me ml~t~! LDC ~q~i~mm~ will be ~l:,lied.
ANALYSLWEVALUATION.
AUG 0 4 1998
The thrust of the decision that has to be made relative to a PUD amendment should focus on whe~lp'
or not the am _e_r~tment would ~ive rise u) any inconsistency with clements of the Gwvah Management
Plan. inlroduce new uses thai while consisr~n! with the FLUE, nevertheless, bring about relationships
~ were not eval~ as pan of the original action, or cause development s'~ndards to be changed
tha~ may adve~cly affea existing development, and/or if there isn't any ex/sling development, cause
smn~ to be enacted thai will lead to ill-conceived development pallems with attendant health and
The subjecl of this amendment has to do with the hnpact that may or may not be ~ with thc
development of a proposed $,tmlni-~rative2office building of ?,000 square feet within the gated
wnmnmi~ si a point closest to the em:ry. One must appred~ the fact that the administrative offices
will serve the ~on of at~ndin~ to the need~ of the Homeowners A~,ociat/on which include the
c~re md n~me~nce of all of the common ~reas and relami requirements of persons resi,~i,~g in the
Wyndemere develol~nent The absence ora provision for allowing a use of land for this purpose was
no doubt an oversight. ;Many similar developments in Collier County require administrative office
space to execute the responsibilities now char~ed to the Homeowner or Pwpen), Owners Association.
The major ~on between the facility will be with the propmy owners themselves, and therefore
there will be minimal external impac~ from the use of land in this fashion. A location nearest to the
emry/exit .o~__~ will remit in the least amount of impact to a residential property owner which cannot
be avoided if there is to be such a facility established in the Wyndemere PUD.
One should appreciate that there is common land near the entry/exit area which belongs to ~
Homeowne~ Assodsfion ~nd which arm could be developed as a recreation amenity and could
the~ore have a s/milar impact on nearby houses. The fi~ gm the Homeowncr~ Association is the
pedfioner is also ' .m~onan~ because presumably they represen~ all of the pwpcrty owners, and
th~efore some deErcc ofconscm'us that ~fi~ usc should be allowed.
In summm'y this mnendment will have no effect on the public imerest, welfare or safety and no
external effect on properties external to the Wyndemere development.
STAFF RECOMMENDATION{
Th~ ~ Coil/er Cot~ty Pla~B/ng Comm!_~_'on ~e~ld approval ofPetition PUD-81-4($) to thc
Collier County Board of Commissionem ~s described by the proposed amcr~l!~g Ordinance and
AUG 0 4 1998
DATE
CURRENT PLANNING MANAGER
REVIEWED BY:
VINCENT A. CA~JTERO, AICP, ADM~NI_STRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Pet~ion Numb~ PUD-81
StaffReport for the Sune 18, 1998 CCTC meeting.
COLLI]~ COUNTY PL~~G COMI~_~SION:
DATE
DATE
PUD-SI.~(~ s'rAFl~ RI~ORT~
4
AGEN .
AUG 0
PETITION NUMBER
DATE
APPLICATION FOR PUBUC HEARING
FOR
PUD AMENDMENT/DO AMEN DMENT
COMMUNrrY DEVELOPMENT DMSION
PLANNING SERVICES
Name af Appl~), ,
Al3plic:mt's Mailinl Address
Naole~
Apples Telephone Number:.
Wvndemem Homem~m~ Assodation. lrtc.
38S Ede~,~e Wav Nofl~1
State Florida Zip
Res. _ >.~/& Bus.
~s em ac~licant the owner of the subject X Yes No
34105
941/263-0761
(a) If applicant is a land trust, so indicate and name beneficiaries below.
CO) If applicant is a coq:tara:ion othe~ than a public corporation, so indicate and name office~
and major below.
(c3 If al3tflicant is a pa~nership, limited ~ip or other business entity, so indicate and
(d) If applicant is an owner, indicate exactly as recorded, and list all other owners, if any.
(e) If al~31icant b a lemme, alzach cagy of lea~e, and indicate actual owners if not indicated on
(fl If al~icant is a contract pun3~, attach copy of (~-,~,~L and indicate actual owrmds) name
and addm~ below.
Iohn W. S~I~._ Pr~ideflt o~ Wvnd~-r~,~-.-a H~T,,C-,~WT~ ~i~. Inc.. a Florida n~4or~rofil
c~-~;~ ~,%~ of all ~ ~ ~ ~ ~T~,~ PUD and o~ni~ for ~¢
941/252-5959
AUG 0 1998
PUD ORDINANCE NAME AND NUMBER: Ordinance No. 76.34: a~ amended ~ 7g~81.81-29. 84-66
87.86. and
DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is
inadequale, alach on seflar~ ~ If tequesl involves chanBe to more It~an one zonin8 district, induc~
separ~ le~l description for prol:mrty involved in each district. If prope~ is odd-shaped, submit five
(5') copies of survey (1" to 400' scale).
THE APPUCANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF
QUESTIONS ARISE CONCERNING THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION
SHALL BE REQUIRED.
SECT1ON 19 TOWNSHIP 49 S
RANGE__.Z6.L_
Parcel 'C'. Collier Coumv. Iqorida
m~re detailed legal dee~riotion will be suoola,~:F,;ed by the ~iation's enein~
~ w~ ~ ~ Plan ~ib~
.¸
10.
Addre~ or location of subject ~ 98 ~ Way. Naoles. Florida 34105
Does Ixoge~ owner own conti~qxms I~'operty to ~ subject propertyi' If so, give complete legal
descrii~ion of entire contiBuous property. (If space is inadequate, attach on separate page).
Na~ a~li~hle. ,~-r¢ is ~-~on area wfthln Wvndef~iere Homeowne,
TYPE OF AMENDMENT:
X A. PUD Document LanBuage Amendment
.Z.B. PUD Master Plan Amendment (to be supplernenl~l by engineers)
._.C De~l~ Order Lan~ua~ Amendment
DOES AMENDMENT COMPLY WITH THE COMPREHENSIVE PLAN: ,
No If no, ~in: ,,
Yes
HAS A PUBUC HEARING BEEN HEIJ::) ON THIS SAME PROPERTY WITHIN THE LAST YEARi~ IF SO,
IN WHOSE NAME~ ._. HO
PETmON ih
HAS ANY PORT1ON OF THE PUD BEEN .. SOLD AND/OR ;~ DEVELOPED1 ARE ANY
CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPEDi~
Yes No IFYES, DESCRIBE: f,~ITACH ADDITIONAL SHEETS
IF NECESSARY).
SL~ A'n'ACI-IF~) ADDENDUM
AUG 0 4:1998
We, r~ ' ' /~'~- .bein8 first duly sworn, depose and say that we are the owners
of the pfoflefty described heroin and whid~ is the subject mat~ of the proposed hearins; that all the
am'we~ to I~ que~ in thi~ application, and all skc~:hes, data, and other supplementary matter
attached to and made a part of thi~ al:q31ication, are honest and true to the best of our knowledse and
belief. We ~ this a~li~6on must be completed and accurate before a hearin8 can be
~ We further permit the unde~i~ to act as our repre~tative in any matters resardin8 this
Petttton.
NOTE: SIGNATURES OF ALL OWNERS ARE MANDATORY.
OWNER:
WYNDEMERE HOMEOWNERS ASSOCIATION,
INC., a Florida not-for-profit corporation
AGENT:
STATE OF FLORIDA
COUNTY OF COLUER
' - - ,..--..,~..T. an~uw?~q~ ,'q.~.cxaa~on, I~:., who is mllv knowrl
take an oath. " as ldenttra:~on, and who did (did not)
Silnature of N&~/Pa:dic ~'
MARY JO FAUSNIGHT
COe~M~S~ION, CC 3~12g0
EXPIRE~ APR 3,1mia
I
AUG0&lgcJ8 {
ADDENDUM TO APPLICATION FOR PUBUC HEARING '
FOR, PUD AMENDMENT TO WYNDEMERE PUD
This application is submitted to the Collier County Board of Commissioners by the
Wyndemem Homeowners Assodation, Inc., a Florida not-for-profit corporation ('Wyndernere
Homeowners Association') seekin$ an amendment to the Wyndernere PUD in order to allow
for 'administrative facilities' as a 'Permitted Use' and to revise the PUD ,Master Plan to
identify the location of the area so designated as administrative facilities within the
Wyndemere subdivision. The Wyndemere Homeowners Association is also seeking
permission for temporary use of an existing sales center until such time as Collier County has
finalized its plans and commenced construction on the Livingston Road expansion project.
The Wyndemere Homeowners Association is the sole representative entity of the
Wyndemere property owners and is actin$ on their behalf in this matter. The Wy~demere
Homeowners Association's Board of Directors is comprised of sixteen (16) members, who are
the Governor Representatives of each of the respective community associations within the
Wyndemere subdivision. This Board has, on two separate occasions, voted unanimously in
support of this proposal.
The Wyndemere Homeowners Association is desirous of constructing a permanent
facility to be utilized for administrative purposes by the Association and property owners. The
facility is to be located just inside the main entrance of the Wyndemere subdivision, off
Livins;ston Road, the subdivision's access road. The property is legally described as Parcel
C, Section 19, Township 49 South, Ranse 26 East, Collier County, Florida.* The property is
owned in fee simple by the Association and is desi,.gn?.ed as common area for the benefit of
ali property owners within the Wyndemere subdivision. The Wyndemem Homeowners
Association is currently utilizing partitioned space within the maintenance shed located some
distance from the entry area of the subdivision for their administrative facilities, but the facility
!s __r~_,~s,..u~fio.'er~. for most administrative fiJnO:ions. The Wyndemem Ho~ers Association
wau~a ?ce to have the aclmini.stml~, facilities located within the immediate perimeter of the
?ubdiwsion because an additional purpose of the facility will be to nr~,;,~.~ ~,, --~, ~,..~
location f/om which to ~reet 8uests, service ,.,...--~ --.~-'- ~. ,-..--,. .... ,~,~.. ~ -~.~a
the subdivision. ~,,~,,,~-,~ ,u,u prosgec~/e pun:nasers as trey enter
The Co!lief .C0.U. nty Development Services Depamnent has advised th W
Homeowne~ ,-,ssoclatlon that the Wyndemere PUD does not eermit adminic~e~.;~-Y~Cl;:,,-~m
as a Permitted Use. In order to use Parcel C fOr ad_:_:_~--~__-:.'_"_~ ..... '.""'..."'"': .....
--mll~U-dUV~ l-dCIIItles, the IJevelopment
Services ~t has advised the Homeowners Association to amend the PUD and PUD
Master Plan.
Devel~~bel~,,,t,e~ _(] 0) yea~_, the developer of Wym:le~e~e, Wyndernem Farms
. ,,~,~,,, _. ~ .vv~ere rarrrts') has operated a sales center on Parcel C oursu.~nt
man easemem which ~s set forth in the Dedar~on of Covenants Conditions and R '-.-.'-.7-'-
.. . ~ ?es ~ coflsists ,o.f three c:cxlnected mobile trailer units.
man remove ~T nas ot~ecI ~t to the W~ Homeown~s Associ, tion ~~
temporary facility for administraive functions until such time as plans am nalized for the
0 4 1998
4
expansion of Livingston Road. TheWyndemere Homeowners ASsociation'is requesting the
right to temporarily-~ilize the existing sales cemer until such time as Collier County has
finalized plans and commenced construction on the Livingston Road expansion projeCt.a~
such time, the Wyndemem Homeowners Assodation will remove the existing sales center
apply for permits for construction of permanent administrative facilities.
In accepting the offer of Wyndemere Farms to contribute the temporary sales center to
the Wyndemere Homeowners Assodation, the Directors of the Association met with the
ar~deedent~ ~w~jlcel te~a~ff_._ec~_ ,e? _l~/~_~e .conti.nued ,existen .ce of the temporary struc~re and
. ~'-s ~anascapm$ alon8 me soumeast comer of the sales center.
In f_act, .the~Assodation h~ b..u.d, gered $15,000.00 for such landscaping and renovating
,l~J~ ~._ l_.n~~t, facih.ty, wh.en compl .eted will likewise be appropriately buffered
~, ,,a ,..~ u~ ~m~rem w~m ne qmet enjoyment of any residence at Wyndemere.
Foe Ifmse reasons, and because the Wyndemere Homeowners Association desperately
needs suitable facilities in order to carry out their functions as mandated by the Declaration,
we would request that the Board of County Commissioners approve this application.
proposal. Thank you.
WYNDEMERE HOMEOWNERS ASSOCIATION, INC., a
Floe'ida not4or, f:~.ofit corl:x)ration
*A more detailed legal de~cription will Le s=pplemented by
the Association's engineers together with the Master Plan exhibj
AUG 0 1998
HAND DELIVERED
June 12, 1998
Planning Advisory Board
Board of Collier County Commissioners
c/o Ronald F. Nino
Community Development Division
2800 North Horseshoe Drive
Naples, FL 34104
Re: PUD-81-4(5) - Wyndemere PUD
Dear Members of the Planning Advisory Board and Board of Collier County Commissioners:
Being delivered herewith are thirty-nine (39) letters in support of the temporary use of
the sales trailers at Wyndemere located inside the community entrance and, upon
determination of the final plans for the expansion of Livingston' Road, approval for permanent
use of the site by the Wyndemere residents. You will find that many of the letters are from
residents who live near the site and overwhelmingly support the proposed PUD amendment
for the betl~zmr~ of their community. The proposed PUD amendment has, on two separate
occasions, been unanimously endorsed by the Board of Governors of Wyndemere, which is
comprised of the Presidents of each of the respective associations in the community. We
would respectfully request that you take into consideration the voice of the Wyndemere
community, which is overwhelmingly in favor of the proposed PUD amendment.
Thank you for your consideration.
Sincerely,
QUARLES & BRADY,
Attorneys for the Wyndemere Homeowners
Association, Inc.
' ;
(S~:~ D. Humphr[,ville . LI~ ~
h~ abeeze to avo~ c~ta~)
JDH:bdr
End.
cc: Wyndemere Homeowners Associa~on, Inc.
AUGOA1998 '~
..._ /¥ _
**¸4
AUG 0 4 1998
Colli~ Omaty ~ of Commi~
Naples, Florida
Tim Homeownm~ Association office at th~ 8~te is situated so that it is extremely
~ to do business with the Homeownn~ Asscc:~iou ~ ~ is a ~ ~
I am awar~ that a elmn~ to tl~ Wyndemege FUD is pending and am in support of the
The Homeowners ~ office ~t tf~e gate is situet~ so that it is extremely
conve~e~ t~ do business with the ~ Associ~on szat~f and is a necessa.,~ part
I ~, zwIr~ tt~t · cl~:~ m ~ Wyad~m~ pUD i~ pe~ii~ aacl -,,, in support of the
I
AUG 0 ~: 1~ ~
/
Collier Coum~ ~ of Commissioners
N~pl~ Florida
No. _~'~ ·
~ua 0 ~ 19~
1998
Collier Coun~ Boant of Commhsioners
The Homeosme~ ~ ~ zt tl~ ~e is simaud so tl~ it is ~ly
I am ~ware that a ctmn~ to tl~ W~ PUD is pendin~ and am in support of tl~
e~in~ facility and also support a pmnanent building when it becomes ~.
Sincerely,
Wyndmere Addr~
~U~ 0 ~ '~998
I undwmnd th~ ~n Am~lm~t to th~ W~lem~ PUD ~ ~ and a Cou~
he~rin~ will b~ i~ld mmetime this summer.
~li~- Co~O~ Bo~ oF ~o~'~
N~pl~ Flori~
All ~ SO ibc Wy~demere PUD is pmxiin~ ~d will b~ heard by Commi~oner~
som~ in July.
AUG 0 i 1998
couve~etx to do bushx~ with t~ Homeowue~ ~n staffand is a necessary part
or'our coummity.
I am awm'e tim a chase to the Wyndemere ~ is pendin8 and am in support of the
AUG 0 4 1998
The Homeowne~ Association office at the $at~ is situated so that it is extremely
conveniem to do business with tl~ Homeowners Association staff enci is a necessary part
The an~fien~ of this area is far superior to the previous Iocalion in ~ back of the
I am s~tam that · cl~n~ to th~ Wyndemem PUD is pending and am in support of the
hUG 0 ,~ 1998
Collier Com~ l~mrd of'Comnti~one~
Naples, Florida
An Amendn~nt to tl~ Wyndemere PUD is pending and will be heard by Commi~oners
sommizne in Suly.
As a resident of the Wyndemere Community and member of the Wyndemer~
Homeow~m's ~on, Inc., I support the ~ use of the o~ce buildin~ situated
May 26,
AUG 0 4 1998
JOHN W. SALZER
406 ROSEMEADE LANE
NAPLES, FLORIDA 34f05
June 5,
Collier County Board of Commissioners
Naples, Flodda
A change in the Wyndemere PUD is pending regarding the approval for a
permanent site for a homeowners' office near the front gate.
frvery c°nven!ent for all the residents of Wvndemere ~n, .~,,-
and garbage area- ~" -" '" "'0 ~''"'''uua .~mon in the back of the maintenance
As a res~lem of V~e, i
and the temp~, use of support ._.t~,~._ ~u~e ~ an offi. ce building in this area
·. ary the present buildi until SUCl~ '
Livingston road is finalized, ng time as the future of
AUG 0 ~ 1998
May 26, 199~
Naple~, Florida
May 26, i~
Collie. Coumy aomt of Comm~oner~
conv~m · . ~,~ ~ $o that it is extremely
ox our commtm~. -- -- ...... a necessary part
TI~ m~bi~:~ of ~ ~ h f~r mp~ior to the previom location in the back of tl~
AUG 0 ~ 19,98
the Wynclemere
W~~ ~ for ~
AUG 0 4 1998
TI~ ~ Association offlc~ a~ fl~ ~u~ is simar~ so tNrt it is extremely
comr~u~ to do business wi~ tl~ ~ Association s~ff' and is a necessary part
AUG 0 4 1998
~ollie, ~ Board of Commi~/on~
lq~le~, Flodd~
The Homeo~me~ Rlaodafio~ office ~t the 8ate i~ ~uated so that it is extremely
{xmve~ie~ to do bu~ne~ ~th the Homeowaetl A~-iafion ~ and is a necessary part
I1~ ~flfi~o~ of this ama h far ml~ior to flae ptevi~ location in the back of the ~
l,m ~m~ th~ a ~ to tl~ W~ PUD h peadi~ ~l am in ~uppon o£the
~d~ting fac:li~ and ~ rapport a pma~ hdlding wl~ it become~ necessary.
AUG 0 ,~*. 1998
Collier Cou~ Board of~!~one~
Naples, Florida
An Amemdmeal ~o the Wymt~mere PUD ~s pendimg a~l will I~ heard by Commissioners
sometime in Iuly.
As a residesa of the Wyndemere Comanmi~ and member of the Wyndemere
Hcmeowae~ A~~ luc,, I sut~x,n fl~e ~mpora~ use of the office building situated
AUG 0 ~ 1998
M~y 26, 199~
Collier County Bomi of Commi~sioner~
N~lel, Fiorid~
Th~ Ho~ovm~ Association office at the g~_~ is simaIed so that it is extremely
conv~ to do busioess with the Homeowner~ Associalion staff and is a necessary pan
The ambience of figs area is far superior to the ~ location in the back of the ~
Inn awee that a change to the Wyndemere PUD is pending and am in support ofthe
existing facility and also support a permanent building when it becomes necessary.
May 26, 1998
Collier Coumy ~ of Commi~iorm~
Naples, Florida
TI~ I-Iom~swn~ Associ~ offic~ at tl~ gain is situated so that i~ is ez~'emely
conveniem to do business wi~ the ~ Associ~on staff and is a necessary part
The ,mhieace of this area is far superior to the previous location in the back of the
lam aware ~ a ~ m ~ W~ ~ is p~tng and am in support of the
misting ~ and also support a Immanmt building when it becomes necessary.
AGENDA ITEM
No../~P~/T' )
AUG 0 4 1998
Nay 29, 1998
Collter County Board of Commissioners:
Naples, Flortda
Dear Board of Commissioners:
Me are members of the Wyndemere Homeowners Association at Wyndeme~e
Country Club. The Homeowners Association office at the qate is
situated so that it is very convenient for everyone who~s part
our community.
We ask that we be allowed
untt1 Livingston Road has been butlt and
permanent building.
to keep the existing facility where it is
there will be a need for a
Gordon a~rff
387 Edgemere Way North
Naples, Florida 34105
AUG 0 4 1998
26, 1998
Collier County Board of Commi~'io~
~aples, Florka
Dear Board of Co~
Tim I-Iomeowne~ ~ of~ce at the gate is ~ so that it is extremely
I am aware that a ctmng~ to tl~ Wyndmem PUD is pending and am in support ofth~
AUG 0 4 1998
Collier Couaty Board of Commissioners
Naples, Florida
I undemaad tim an Amendment to the Wyndem~ PUD is pending and a County
hearin8 will b~ held sometime ~is summer.
As a regde~ of thz Wyndemer~ Community and member of the Wyndemere
~ As~x:iau'on, Inc., I feel strongly ~ this approval must be granted as the
building in qoes6on is situated perfectly for me by all Wymiemer~ residents for
AUG 0 A 1998
lvhy 2~, 199~
An ~ ~o ~b~ Wyndemere PUD is pending and will be hm'd by Commissioners
somethne in July.
AUG 0 4 '{998
lVh7 ~, lg'~S
AUG 0 i 1998
Collie' Coum~ ~ of Conmi.uioner~
N~tpl~, F]orkia
I understand that an Amendment to the Wyndemere PUD is pending and a Com~
heari~ wi~ be held sometime ~ summer.
AUG 0 4 1998
Collier Cmu~ Board of ~issioners
Naples, Florida
I underm~ that an Amendm~ to th~ Wymiemer~ PUD ia pmding and a County
hearing will bz held ~om~nz ~ rammer.
As · residem of the Wyud~na~ Commmity and umnba' of tl~ W~
AUG 0 4 1998
26, 1998
I undemmd ~ ~', Amm:lm~ to the W~ lq~ is peadi~ and a Coun~
he~rin$ w/Il be held sometime tM_~ summer.
As a .skk~ of' ~ Wyn~m~ ~ and mml:~ of tt~ Wynd~na'~
AUG 0 t= 1998
May 26, 199S
...... IJ!_l, ] .... I,_, 11
AUG 0 ~ 1998
lV~ 2~, 199s
Col~' Cou~ Board of Commissioners
N~ples. Fior~
An Ammdme~ to the Wyndemere PUD is pmdin~ xnd will be heard by Commissioners
someg~ in Suly.
AU~ 0 4 ~98
May 26, 1998
Collier Com~ Bo,rd of Comm/~oners
Naples, Florida
I umiersm~ tim aa Am~admem ~o th~ Wyndemere PUD is pending and a Coumy
hearin8 win be held som~i_'me this summer.
As a rmidmt of the Wyndema'e Comnamity and mmaber of the Wyndem~'e
AUG 0 4 1998
May 26, 1998
AUG 0 & 1998
1w~y 26, l~
'i
AUG 0 4 1998
Collier Couaty Board of Commissioners
Naples, Florida
I understsnd ~ m ~ m ~ W~ ~ is pending and a ~
hearing will be held sometime this suntara-.
Sincerely,
AUG 0 4= 1998
May 26, 199S
Collier County Board of'Commissioners
Neple~ Floride
Dear Board of Commissioners:
I undemsnd tim an Amendment to the Wyndemere PUD is pending and a County
heating will be held sometime this summer.
As a resident of the Wyndemere CommuaiW sad member of the Wyndemere
Homeowners Association, Inc., I feel ~ tim this approval must be granted as the
building in question is situated perfectly for use by aH Wyndemere residents for
Homeowaer Association business. I also support the flmn-e use of a permanent facility at
Sinc ,
AUG 0 ~ 1998
Pi],_ ~ __
May 26, 199~
Col~er County Botrd of Commissioners
Naples, FIodda
An Ammdm~t to tl~ Wyst~ lru'D ~ Im~llaS ~d ~411 I~ h~mt by Commi~o~s
~ometime in Suly.
AUG 0 ~ 1998
r. 4
26, 1998
~ollier Oou~ ~ of Commissioners
Dem' Board of~ssioners:
~e~H.~__ .Ass o cia ti.on _office at the gate is situated so that it is extremely
ot ottr conmmnity. -~- .....a necessary part
AUG 0 4 1998
1 .~3 Ed~e~ner~ Way
Naple~, ~ 24999-
Ma}, 4, 1998
The Board of Governors
Wyndemere Homeowners Association
Gentlemen:
I understand that a County hearing is to be held this
summer to approve the temporary use of our Homeowners
Office'buildingjust inside our front gate. As a Wyndemere
resident, I feel strongly that this approval must be granted'as
the building is situated perf~ for use by all Wyndemere
residents. Also, it looks nice and is attractively landscaped. I
look forward to the day when, after Livingston Road has
been widened, we have a permanent strucu~re located there.
Sincerely,
I
AUG 0 4 1998
J"LANNING SE
Sun~ 12, 1998
Collier County Currem Planning Se.,~ion
21R~0 North Horseshoe Drive
Ea~ Naples, FL 34104
Dear CCCPS:
Ibm, e received n~ce in reSard to Petition No. PUD-81-4(5) which requests an
ame~bneut to tt~ WynScmcre PUDD to allow permanent offices off'Livingston Road
As a msidemt ofW~, I support this application and~ its gpproval.
AUG 0 4 1998
May 26, 199S
.:qECE VED
Cogier Cmmty Bomrd ot'Comm~ionet~
comm~eat to do busim~ w~ the Homeowners Associsdon staff and is a necesam'y part
I am avate tim a clm~ to the Wyudeuem PUD is pmlh~ and am in rapport of the
~ f~ciray aad aim rapport a ~ bu~din8 whea k becomes necessary.
AUG 0 4~ 1998
i Pg. ~'"" --
mm --
RECEt D
JUN - 5 rJ98
Collier Couaty Board ofC. on~issioaers
N~les, Florida
AUG 0 a' 199~ !
,~'~. .___
. ECEtVED
JUN ~ § ~9,g8
CoUier Cou~ ~ of Commissio~rs
The ~ Assodation office at the ~te is shmted so that it is extremely
coav~ m ~ business wkh the ~ Associaxio~ sudT' and is a necessary pan
TI~ ambiea~ of tl~ are~ is far azperior to the previous location in the back of rtz
I am a-wa~ t~t a ~ to t~ W~ I'UD is pemting ami am in support oftJ~
~istin8 ~ and also support a ~ ~ when k becomes necessary.
AUG 0 A 1998
ORDINANCE NO. 98- e
AN ORDINANCE AMENDING ORDINANCE NUMBER
79-81, T~E WYNDEHERE PLANNED UNIT
DEVELOPMENT, AS A~ENDED, BY ORDINANCE
NUMBERS ~9-81~ 81-29~ 84-66; 87-66; AND
96-8, BY PROVIDING FOR= SECTION ONE,
PERMITTED USES, TO PERMIT ADMINISTRATIVE
OFFICES FOR USE BY THE WYNDEHERE
HO~.Ctg~RS ASSOCIATION, INC.; TO SET FORTH
DEVELOPmeNT STANDARDS WITH ~F~PEcr TO THE
DEVELOPMENT OF SAXD 0SE OF LAND AND, TO
PROVIDE FOR TEMPORARY AI~INXSTRATIVE
FACILITIES AT THE CURRENT SALF~ CENTER
LOCATED ON PARCEL C OF THE ~NDEMERE
SUBDIVISION; SECTION TWO, TO AMEND THE
.MASTER ~LAN TO IDENTIFY THE LOCATION OF
P£PJ~ANENT ADMINISTRATIVE OFFICES, AND
SECTION THREE ~£FECTI~E DATE.
WHEREAS, on Dc=abet 13, i979, =he Board of Coun=y Cc~issione=s
approved Ordinance N~m~er 79-81, which es=ablished =he #yndemere
Planned 0hi= Developmen= (PUD); and
~EREAS, =he #yndeme£e Homeowners Associa=ion, peri=toned =he
Board of Cotl~=y Co~iiSlioners =o amend Ordinance N,,m~e= 79-81,
amended, ms se= forth below;
NOW, THEREFORE BE IT ORDAINED, by =ha Board of
Co~miissioners of Collier =Dun=y, £1orida:
SECTION ONE: AMENDHENT TO SECTIION ENTITLED PERMITTED USES
The Section enci=led Permi==ed 0sea, of =he Wyndemere Planned Uni=
Develop~en= (Ordin~nce 79-81, as amended) ks hereby fui~her amended
read as follows:
PERMITTED USES: Single family dwellings~ mul~i-famil¥ dwellings~
golf course;
au=door s - ? country Club complex, including indoor
oCLaA, re=rea=lanai, dining, and service facill=ies~
=esiden=ial area re=rea=iDa fa=ill=les; golf course main=enance
faciliciea~
A~?XNXSTRTATXVE Pe~en~
..a.~AAl~le~ ~Or use b~ =~e N~:~ ~:~ ~s~ia~ion s~ll
scanaaras: -- ] ~~" v I
'4
~u~iding snell be 25 feet from the back of the curb·
B. ~ buildin setback from the Liv~oad righ~-
C. The minim~ enclosed and al= con~i='oned floor shall be
~ fee=. area
~ ~~~.~}oSed ',d air co,di:io,ed fl~= area ,hail be
~xim~ of 7,000 s~a=e fee:.
~~ ~ xn accor~~h the
on on
Su~o~~ =he W ............... d
~~ueowners, ;~e~en=itled to
~~hi 49 South
.~an · 26 East Collier Count F
$~ION T~: ~~ TO PUD ~STER
0rdXmance N~er 79-81, PUD Mas:e= Plan as s~se~en=ly ~nded
shall be further ~nOed ~o reflect :he
~as:e= ~lan as sho~ on :he revis~ PUD Masse= Plan
inco~ra:ed by reference herein.
SE~I~ THEE: E~~ DATE
This Ordinance shell ~c~ effe~ive u~n filing wi:h :he
~a~n: of
PASSED A/qD ~JLY ADOPTED by =he ~oa=d of County Cogm/ssioners of
Collier County, Florida, this_ day of , 1998.
AI~TEST:
DMXGHT K. BROCK, CL~RK
BOARD OF CO,AWrY CO~XSSIONERS
COLLIER COUNTY, FI~RIEM~
APPROVED AS 70 FORM AND
L ~,IL SUFFICIENCy:
ASSISTANT COU~ ATTORNEy
BY:
~ seeue~ -_..h~_..,~_ ~ dale=call words
-2-
BARBARA B. BERRY, CHAIRMA~
PLANNED UNIT DEVELOPMENT AND "RSF-3" RESIDENTIAL SINGLE FAlVm~Y TO "PUD
.i~ UN1T DEVELOPM]~T FOR PURPOSF_S OF UPDATING THE CURRENT S~
I~AC~ FUD AND EXP~G THE AREA BY AN ADDITIONAL 0.4~_ ACRES FOR
PROPERTY LOCATED ON THE SOU'IH SIDE OF IMMOI~I.I~F- ROAD LYING EAST OF
VETERANS PARK DRIVE AND WEST OF THE WEST LIMIT OF THE STON~rBRIDGE PUD, IN
SECHON 26, TOWNSHIP 48 $~ RANGE 25 EAST,
This petition seeks to ammd the Storey Place PUD by adding 0.46 acres more or less to Tract "t3" by
~ a contiguous parcel of land now zoned RSF-3, and by r~ng the list of permitted uses from
a specific use list to one l~-fgtgncln~ all of the usgs pcrmiU~ in the C-I and C-1/l' zoning district of the
carrem Land Developmmt Code, snd by consoUdating these ammdmcnts with a recent amendment
CONSIDERATIONS:
~ Sunny Place PUD is located on the south side of Inmlokalee Road contiguous the west side of the
d~ known ~ and is ftWd~r knmediately east of Veteram Park Drive. The
..'!"ne ~ of this petition will be to recognize a tm~ler range of uses than is cun'enfly allowed that
may be estabUslmi on Tract "Ir', and to revise development ~'gtflntions as descn'bed in the following
msnn~.
i)
Professional Offices
but not limited to:
Chiropractic Clinic
Convalescent Aids
CUrrent Authorized Uses Proposed Uses
Pharmacy
Florists
Medical Supplies
Medical Offices
Health Education
including
/gnbulator~ Surgical
Data Processing
Diagnostic Radiology
Physical
Pif~y (SO') feet
Iu~nokalee Road
And Rear Lot Line - 50 feet
East andWest - 40 feet
a)
c) Deyelopuent Inte~i'ty - N/A
All of the Permitted and
Conditiorml uses in the C-1 and
Cl/T Zoning Districts are
permitteduses, excluding
ho~eless shelters and soup
kitche~s, subject to a limitation
of ten thousand-five hundred
(10,500) S.F. of Health Services
(S.I.C. 8011 - 8049) uses.
Pa~king only is permitted on the
north half of Lot 7 with
screening and buffering as shown
on the PUD Master Plan.
Revised to 40 feet not to exceed
3 stories
I~okalee Road -70 feet
Revised Rear Property Line - 300
feet
East and West - 25 feet
Max/mum- 35,000 sq. ft.
no more than 10,S00 sq.
be medically related.
of which
ft. may
Inmmrr. h as one facet of this petition propoze~ to rezone lazxi, findin~ were m,4~ for both PUD and
mmlard nmmc~ The fmdiog~ mqqx~t a recom_ ~mdation to approve the petition.
Relative to Ihs mmmdaumt the change in permitted tmea is intended to allow a development emphasis
mo~ coeliztent with a general office envimmnent as opposed to a development of only medical and
medically related office use . Medical offices, clinic , and the provision of medical services now
~ are as imensive, or more intensive as the uses listed in the C-I district.
W'rth respect to the added property, comprising some 0.46 acres, the impact of the development of
Tract ~B" shifts i~ hnpaci fur~er south upon an existing residence, and ' .nnpac~ that residence to a
greater exter~ than would be the case prior to the rczo-Jng ~cdon in the event such an action is
approv~ S~d ~ is however, largely ameliorated by virtue of the plan of development for Traci
~B" which place~ the building footprint some ttu-ee hundred (300) feet from the adjacent residence to
fl~e south of Tract "B". Additionally, a thirty (30) foot opaque landscape buffer will separate a parking
~ot from the residential lot. Thc driveway to Tract 'B" is in the same location ss it ~ nlsrmed fqr
under the original development scenerio, end is sufficiently removed from the resid~ iai
AUG 0 4 1998
2
The Collier Cotmty Phnnin~ Commission unanimously voted to recommend approval at their Public
Hearing held on July 16, 199S. No person spoke or ~ ~cated any level of objection to
e~e sppm~ of this petition.
This ~amdment by and of itself will have no fiscal impact on the County. However, if this
~ achieves its objective, the land will be developed. The mere fact that new development
hnp~ fees prior to the issuance of buila~ns permits ~o help off-set the impact of each new
.~wvem~n Elcmeni aeeded to maintain adopted levels of service for public facilities. In the event
fl~ hnp~ fee collectiom ~re inadequ~ to maimain adopted levels of service, the County must
GROWTH MANAGEMENt IMPACI':
Petitions deemed to be consistent with aH provisi~ of the Growih Management Plan can not have an
knpnct on the Coi]icr County Growth Man~ement Plan. This petition was reviewed for consistency
andwu found to be consiste~ wi~ all ~ of the C, towlh Management Plan.
Development permitted by fl~ spproval of figs petition will be subject to a conctmency review under
· file provisions of the Adequate Public Facilities Ordinance No. 90-24 at the earliest or next. to occur of
~ final SDP approval, final plat sppwvsl, or bui!alng permit ismance epplicabl¢ to this
RI/IORIC/IRCHAEOLOGICi IMPACt:
Slaffs anslysh ixatica~ tim tl~ petitioner's prepal'y is located outside an area of historical and
PLANNING CO~SSlON RECOMMENDATION:
The Collier Connty Planning Cxamnission recommend approval of Petition PUD-S8-10(2) being a
pegfion to both amend the Sur, wy Place PUD and add 0.47 acres more or less to the FUD by way of a
3
~UG 0 4 1998
4
AUG 0 4 1998
AGENDA ITEM 7-I
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMM/SSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL
/UNE 25, 1998
PETITION NO:
SERVICF~
PUD-88-10(2), SURREY PLACE AMEND~
OWNER/AGENT:
Agar:
R. Bruce Anderson
Young, v,mAssenderp & Varnadoe, P.A..
801 Laurel Oak Drive, Suite 300
Naples, Florida 34108
Gulf Coast Natior~! Bank
3838 North Tamiami Trail
Naples, Florida 34103
(Officers indicated on application)
REOUESTED ACTION:
This petition seeks to amend the Surrey Place PUD by adding 0.46 acres more or less to tract "13" by
rezoning a contiguous parcel of land now zoned RSF-3, and by revising the list of permitted uses
from a specific use list by referencing all of the uses permitted in the C-1 and CI/T ZOlain_.~ dib'trict of
the current Land Develolmaent Code, and by consolidating these amendments with thc most recent
amendment establishing a new updated PUD document and master plan.
GEOGRAPHIC LOCATION:
The Surrey Place PUD is located on the south side-of Immokalee Road contiguous the west side of
the development known A Stone, bridge and lying east of Vetera~ Park Drive. The property for
which a rezoning is requested specifically lies to the east of Pamu Street irrrmediately contiguous the
south side of Tract "B' in thc Surrey Place PUD (see location map following page).
PURPOSE/DRSCRIPTION OF PROIRCT:
The effect of this petition will be to reco~i?e a broader range of uses that may be
Tract "B" in the following manner.
1
AOENDA ITEM
/7-,5
AUG 0 & 1998
i) current Authorized Uses
Professional Offices including but not limited
to:
Chiropractic Clinic
Convale~ent Aids
Florists
Medical S~plies
Medical Offices
Health Education
Diagnostic Radiology
All of.the Permitted and Conditional use~ in
the C-1 and Clfr Zoning Districts are
permitted uses, excluding homele~ shelta~
and soup kitchens, ~lbject to a lim~t_~ion of
ten thousand-five hundred (10,500) S.F. of
Health Servic.~ (S.I.C. 8011 - 8049) uses.
P~ng only is permitted on the north lmlf of
Lot 7 with screening and buffering as shown
on the PUD Master Plan.
ii) Dev¢lo.mnent Standard~
a) B~ilding Ht. - 45 feet Revised to 40 feet not to exceed 3 stories
lmmokalee Road -70 feet
Revised Rear l:~x~perty Line - 300 feet
East and West - 25 feet
b) Fifty (50) feet Immokalee Road
And Reax Lot Line - 50 feet
E~t and West - 4O feet
c) Development Intensity - N/A Maximum - 35,000 sq. ft. of which no more
than 10,500 sq. ft. may be medically related.
SIIRRO~G LAND USE AND ZONING:
Existing Tra~t "B"
Currently developed as the site of a temporaxy bank (Lc.
Modular struen~) zoned PUD
Added Parcel:
Undeveloped, zoned RSF-3
Surrounding:
Surrounding land use relationship rdative to the existing Tract
"B' will not change. The added parcel lies contiguous to a
residence on the south property line and on the opposite side of
Pamu Street.
To the east of the expanded area of Tract "B' lies a multiple
family housing project located in the Stonebridge PUD. This
ho~ing is two storiea in heighL
GROWTH MANAGRMRNT PLAN CONSISTRNCY:
The rezoning component of this petition qualifies for a determination of consistency 1
provision in the FLUE allowing Commercial Under criteria rezoning actions. The Sm
2
Place PUD
AUG 0 4 1998
is deemed to be-a comm'e~ial devel°pm~t order which lies contiguous to the property that is~l~
propo~ to be added to the Surrey Place PUD. Commercial under critc-a'ia provisions as they apply~
in this case would limit the rezoned property to uses permitted in the C-1 and Clfr zoning ~ct.
Other consistency evaluations for elements of the GMP are as follows:
Traffic - The ITE Trip Generation manual indicates that this existing zoning will generate
approximately 771 average weekday trips at build-out while the proposed amendment will generate
736 trips. Since the current zomg generates slightly more traffic than the proposed amendment, the
site generated traffic will not exceed the significance test standard (5 percent of the LOS "C' design
volume) on Irnmokalee Road.
The TCE lists Immokalee Road as a 4 lanc arterial mad. The current traffic count for this segment is
30,040 AADT and is operating at LOS "B". It should be noted that this segment is projected to be
deficient by 2000. Therefore, road improvements for this segment will be required for concurrency
purposes within the window required by the concurr~cy management system. Review of this
petition by transportation staff gave rise to no objections except that at the time of SDP consideration
the northernmost driveway may need to be revised.
No other clement of the GMP is abridged by approval of this petition.
I=[ISTORIC/ARCItAEOLOG ICAL I'MPA~Tr:
Staffs analysis indicates that the petitioneffs property is located outside an area of historical and
m'chaeological piobability as referenced on the official Collier County Pwbability Map. An
application for waiver of an historical and archaeological and .approved.
EVALUATION FOR ENVIRONMENTAl- TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staffrespoum'ble for oversight related to the
above referenced areas of critical concern. This includes a review by the Community Development
Environmental and Engineering staff, and the Transportation Depaxtment. These rrviews help shape
the content of the PUD document and cause development c. off~mitment~ to be formuJated to achieve
GMP and LDC requirements. Where the petitioner detained to challenge recommended r~isions
these are identified for final resolution by the Collier County Plarming Commlssioll, and the Board of
County Commissioners.
The petition was adminis~tively reviewed on behalf of the EAB and those matters jurisdictionally
within their purview were addressed by staff and to thc extent necessary provisions were made pm of
the PUD amendment.
The r~_r, ning aspect of this petition together with the amendment effectively ~
inorea~ the square footage of development on Tract "B' while the nmendment ~llows for ~"-~0-re vi
diw*rse u~e oftbe property. 3 . [ AU{~ 0 4:{998
{
Rclalive to the amendment the cha~ge in permitted uses is intended to allow a development emphasis
more com'istent with a general office environment as opposed to a development of only medical and
medically related office uses. The question that is raised insofar as consistency with the FLUE is
concerned has to do with an assessment of whether or not the broadened land uses constitute an
increase in intensity. Do the uses currently allowed on Tract "B" impose a greater demand upon level
of service relationships (i.e. traffic, utilities and other ~cture) for which LOS thresholds have
been developed as part of the Comprehensive Plan? In the opinion of staff, medical offices, clinics
and the provision of medical services now permitted are as intensive, or more intensive as the uses
listed in the C-I district. Medically related land uses typically generate more traffic, and greater
sewer and water usage than conventional professional and business offices, banks and similar C-1
land uses. Therefore, by allowing all of the C-1 uses in our opinion would not constitute an
intensification of the use of this property, purely as a result of the amendment to the PUD,
notwithstanding the effect of increasing the size of Tract "B" by 0.46 acres. In view of this finding
the amendment to the Surrey Place PUD as it relates to Tract "B" will have no different an impact on
adjacent property by the expansion of uses to include all the C-1 district uses.
With respect to the added property, comprising some 0.46 acres, the impact of the development of
Tract "B" shifts its impact further south upon an existing residence, and impacts that residence to a
greater extent than would be the case prior to the rezoning action in the event such an action is
approved. Said impact, is however, largely ameliorated by virtue of the plan of development for
Tract "B" which places the building footprint some three hundred (300) feet from the adjacent
residence to the south of Tract "B". Additionally, a thirty (30) foot opaque landscape buffer will
separate a parking lot from the residential lot. The driveway to Tract "B" is in the same location as it
was planned for under the original development scenario, and is sufficiently removed from the
residential subdivision to the south of the Surrey Place "PUD" as to impose the minlmttrn impact
upon those residences in their vehicular travels to and from thdr homes.
T~,e use of the added property for vehicular parking could have been accomplished without
necessarily rezoning the property. Division 2.4 of the Land Development Code e~tablishes a
procedure for utilizing property as an off-site parking lot when located within 300 feet of a
commercial use with approval of the Board of County Commissioners following an advertised public
hearing, and notification to adjacent property owners.
Criven the incremental nature of this rezoning, the added impact upon intensity of use does not trigger
any inconsistency with elements of the GMP. Tract "B" provisions relative to authorized land us~
contained no regulation as to maximum building area other than what could be achieved by
application ofrequfl-ed associated development standards, notwithstanding the fact that the petitioners
nan'ative description of their application stated that the petition would allow Tract "B' development
intensity to increase from 21,775 square feet to 35,000 square feet. The PUD document as amended
would specifically authorize thirty-five thousand (35,000) square feet of floor area of which ten
thousand five h~dred (10,.500) square feet could be various health service use~.
PUD Document and Master Pla~ - The PUD document was recently updaled
development stipulations were updated and current code reference~ utilized
administration of the regulation and thdr relationship to provisions of the Land De
~ facilitate the
el°l~°~C~98
This amendment' does nothing to change the previous updating except for the specific chang~
brought about as a result of the adoption of this'm'nendment and'~)ning a~ion to incr~xe thc
of Tract "B'.
STAFF RECOMMENDATION:
That the Collier County Platming Commission recommend approval of Petition PUD-88-10(2) being
a petition to both amend the Storey Place PUD and add 0.47 acres more or less to the PUD by way of
a re'zoning action as descri~ by the Ordinance of Adoption and Exh/bits thereto (i.e. PUD
Document and Mast~ Plan).
PREPARED BY:
CURRENT PLANNINGMANAGER
DATE
REVIEWED BY:
DIRECTOR
VINCENT A. CAUTERO, AICP, ADMINISTRATOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
DATE
DATE
P~tition Number PUD-$8-11X2)
Staff Report for the July 16, 1998 CCPC meeting.
MICHAEL A~ DAVIS,
PUD~g-10(2) STAFF ~gTImd
AUG 0 1998
..... . II Ilml II .... I ..... IT-----
mmi s Fbi ;tm- -
PUD-88-10(2)
Section 2.7.3.2.5 of the Collier County Land Development Code requires the Planning
Commission to make a finding as to the PUD Master Plans' compliance with the following
criteria:
e
The suitability of the area for the type and pattern of development proposed in
relation to physical characteristics of the land, surrounding areas, traffic and access,
drainage, sewer, water, and other utilities.
~ Jurisdictional r~vicws by County staff support the manner and pattern of
d~velopment proposed for the subject property. Development conditions contained in the
PUD document give assurance that all infras~cture will be developed and be consistent
with County regulations. Any inade~luacies which require supplementing the PUD'
document will bc recommended to the Doard of County Commissioners as conditions of
approval by staff. Recommended mitigation m~,sur~ will assure complianc~ with I.,~vel
of Service relationships as prescribed by the Growth Management Plan.
Adequacy of evidence of unified control and suitability of any proposed agreements,
contract, or other instruments, or for amendments in those proposed, particularly
as they may relate to arrangements or provisions to be made for the continuing
opex atton and maintenance of such areas and facilities that are not to be provided or
maintained at public expense.
~ Documents submitted with the application provide evidence of unified
control. The PUD document makes appropriate provisions for continuing operation and
maintenance of common are~.
Conformity of the proposed Planned Unit Development with the goals, objectives
and policies of the Growth Management Plan.
Eiadia~ The subject petition has been found consistent with the goals, objectives and
policies of the Growth Management Plan. A more detailed description of this conformity
is addressed in the Staff Report.
The internal and external compatibility of proposed uses, which condi~ons may
include restrictions on location of improvements, restrictions on design, and
buffering and greening requirements.
]~aldlagl Thc PUD Master Plan has been designed to optimize internal land use
relationships. Specific projects are required to provide buffering between projects. This
will enhance internal compatibility. External relationships ar~
the Land Developmen! Code to a.ssur~ harmonious relations
AUG 0 4 1998
!1 __
e
o
Nevertl{el~ss the' P-UD conta~ r~gulation establi;hing ~'3'00 foot separation requir,~ent
between a building footprint and the residential area to the south. O
The adequacy of usable open space areas in existence and as proposed to serve the
development.
~ The amount of open space set aside by this project will be made consistent
with provisions of the Land Development Code at the time of subsequent permitting
approvals..
The timing or sequence of development for the purpose of assuring the adequacy of
available Improvements and facilities, both public and private..
~ Timing or sequence of development in light of concurrency requirements is
not a significant problem. Its urban location in an area of intense, development gives us
assurance that a highly developed system of urban infrasmmture is in place.
The ability of the subject property and of surrounding areas to accommodate
expansion.
~ The property now lies in the middle of intense urban development which is an
indication that its timing for development is now ripe. This is further enhanced by its
excellent acce~ to thc County's arterial highway system. These two conditions mxpport
the abihty of this l:n'operty to accommodate development.
Conformity with PUD regulations, or as to desirnble modJflcnflons of such
regulations in the particular case, based on determination that such modifications
are justified as meeting public purposes to a degFee at least equivalent to literal
application of such rekmlations.
~ Thc PUD has been designed in a manner consistent with em'rent development
staadm~ as they apply to commercial and residential zoning districts. These together
with requirement to comply with applicable provisions of the LDC all serve to achieve
the public purpose of these regulations.
PUD FfNDllqGS PUD~g-10(2)/md
2
AUG 0 . 1998 ]
REZOI~ FINDINGS
PETITION PUD-88-10(2)
Section 2.7.2.5. of the Collier County Land Development Code requires that the report and
recommendations of thc Planning Commission to the Board of County Commi-~doners shall
show that the Planning Commission has studied and considered the proposed change in relation
to the following, where ~vplicablc:
Whethcr the proposed change will be consistent with the goal~, objectives, and
policies and Fntnre Land Use map and the elements of the Growth Management
Plan;
Evaluation not applicable.
Summary_ Findings: The proposed development is in compliance with the Future land
Use Element of the Growth Management Plan for Collier County and all other elements,
their objectives and policies. This consistency analysis is addressed at length in the staff
Companion PUD Findings evaluation as well as the adopted CC'PC staff report addr~s~
this same finding.
The existing land use pattern;
Evaluation not applicable.
Existing Tract "B"
Currently developed as the site of a mnporary bank
(i.e. Modular structure) zoned PUD
Added Parcel:
Undeveloped, zonal RSF-3
Surrounding:
Stmotmding land use relationship relative to the
existing Tract "B' will not change. The added
parcel lies contiguous to a residence on the south
property line and on the opposite side of Pamu
Street.
To the east of the expanded area of Tract "B' lies a
multiple family hou,qmg project located in the
Stonebridge PUD. ~ hous~ ~ i.~ twn ~e~.~ _~_
height. - ~.~
AUG 0 4 1998
The possible creation of an isolnted district-unrelated to adjncent and nearby
districts;
Evaluation not applicable.
Summary Findings; The pm'cel is to be added to an existing commercial PUD and
therefore will not result in an isolated district tm. related to adjacent and hca'by districts
because d~'v'elopment of the land simply impl~'aents a part of the GIVI~ FLUE Urban
Designation, an action which is expected given that timing is appropriate. Availability of
adequate infi'a~cture, nearby urban development, support the timing rdationahip and
justify the rezon~g action..
Whether extsfing district boundaries are illogically drawn in relation to existing
conditions on the property proposed for change;
Evaluation not applicable.
Summary Findin_~; The district boundaries are logically drawn and is the result of
rezoning actions made permissible under the FLUE to the GMP.
Whether changed or changing conditions make the passage of the proposed
nmei~dment neees__~ary;
Evaluation not applicable.
Summsry l~md_in_~ The proposed zoning change is appropriate based on the existing
conditions of the property and because its relationship to the FLUE (Futm'e Land Use
Element of the GMP) is a positive one and therefore supports the action to rezone for the
land strategy contained within the PUD.
Whether the proposed change will adversely influence llving conditions in the
neighborhood;
Pro-. (i)
A separation requirement of 300 feet provides a greater separation than is
now requLred between the existing residence to the south and any proposed
building.
(ii)
Access to the tract is located n~ar Immolenlee Road on Pamu Street a
di~.ance from revidenfial development adequate ' '
re~denfial traffic movements and is in any event not
now authorized.
2
(0
The property will more intensively developed by virtue of the increase in
land area and will therefore generate more automobile vehicular traffic
which may inconvenience homeowners in the area to the south.
Snmmsry FindtnEs: The proposed change will not adversely influence living
conditions in the neighborhood because the recommended development standards and
other conditions for approval have been promulgated and designed to ensure the least
amount of adverse impact on adjacent and nearby developments (i.e. 300 foot separation
requirement and landscape buffer). Additionally, the degree to which this project differs
from currently authorized uses should not measurably change potential impacts.
Whether the proposed change will create or excessively increase traffic congestion
or create t~pes of traffic deemed incompatible with surrounding land uses, because
of peak volumes or projected types of vehicular trn~c, including activity during
construction phases of the development, or otherwise affect public safety;
Pro: (i)
The property will be directly accessed fi'om Pamu Street as near as
regulations permit from Immokalee Road, a four lane median divided
highway now operating at a LOS which is convenient to the motoring
public.
(ii)
Analysis finds approval to be consistent with the Traffic Circulation
Element.
~ (i)
The property will be more intensively developed by virtue of the increase
in land area, and will therefore generate more automobile vehicular traffic
which may be inconvenient to property owners residing to the south of
Surrey Place PUD.
Summary_ Findings: Evaluation of this project took into accotmt the requirement for
consistency with Policy 5.1 and 5.2 of the Traffic Element of the GMP and was found
consistent, which is a statement advising that this project when developed will not
excessively increase traffic congestion. Additionally certain traffic management system
improvements are required as a condition of approval (i.e. turn lanes, traffic signals,
dedications, etc.). In the final analysis all projects are subject to the Concurrency
Managerr~ent system.
Whether the proposed change will create a drainage problem;
ro** (i)
The project design for storm water management control is required by
Code to attain the normal rainfall event or annua
represented by its lake storm water retention facility and d ainag~'~
AUG 0 4 1998
3
e
10.
Cam (i)
Urban intensification has potential to create short term drainage problems
under unusual rainfall conditions.
Summary_ Findings: Every project approved in Collier County involving the utilization
of land for some land use activity is scrutinized and required to mitigate all sub-surface
drainage generated by developmental activities as a condition of approval. This project
was reviewed for drainage relationships and design and construction plans are required to
meet County s~ndards as a condition of approval. In the event area wide deficiencies
develop, which deficiencies would be ftrrther exacerbated by developing vacant land, the
County is required to react through its Concurrency Management system.
Whether the proposed change will seriously reduce Hght and air to adjacent areas;
Evaluation not applicable.
Summary_ Finding; All projects in Collier County are subject to the development
standards that are unique to the zoning district in which it is located. These development
standards and others apply generally and equally to all zoning districts (i.e. open space
requi.,'~nenl, corridor management provisions, etc.) were designed to ensure that light
penchation and circulation of air does not adversely affect adjacent areas. In this
particular project heights are similar or less than those allowed for contiguous properties.
Whether the proposed change will adversely affect property values in the adjacent
area;
Pro'.
Adjacent properties are already zoned for optimum usage on the north,
east and west sides while the land use proposed for this development is
similar to existing potential uses and should have no different an effect on
abutting property values than is now apparent by currently authorized land
Con.' (i) None.
Summary_ Finding: This is a subjective determination based upon anticipated results
which may be internal or external to the subject property that can affect property values.
Property valuation is affected by a host of factors including zoning, however zoning by
itself may or may not affect values, since value determination by law is driven by market
value. The mere fact that a property is given a new zoning designation may or may not
affect value. It should be noted however that the development strategy proposed in part
for the subject property is similar to adjoining land.
4
11.
Whether the proposed change will be a deterrent to the improvement or
development of adjacent property in accordance with existing regulations;
EI.92C.o~ Evaluation not applicable.
Summary_ Findings: The basic premise underlying all of the development standards in
the zoning division of the Land Development Code is that their sound application when
combined with the administrative site development plan approval process, gives
reasonable assurance that a change in zoning will not result in a deterrence to
improvement or development of adjacent property.
12.
Whether the proposed change will constitute a grant of special privilege to an
individual owner as contrasting with the public welfare;
Evaluation not applicable.
Summary_ Finding: The proposed development complies with the Growth management
Plan, a public policy statement supporting Zoning actions when they are consistent with
said Comprehensive Plan. In light of this fact the proposed change does not constitute a
grant of special privilege. Consistency with the FLUE is further determined to be a
public welfare relationship because actions consistent with plans are in the public interest.
13.
Whether there are substantial reasons why the property cannot be used in
accordance with existing zoning;
Evaluation not applicable.
Summary_ Finding: The subject property is zoned RSF-3 and may be used for single
family purposes, l~owever, the opportunity to rezone the property is provided by law
which would enhance the value of the subject property.
14.
Whether the change suggested is out of scale with the needs of the neighborhood or
the County;
P..r. iiLC..i~ Evaluation not applicable.
Summary_ Findings: The proposed development complies with the Growth
Management Plan, a policy stat~'ment which has evaluated the scale, density and intensity
of land uses deemed to be acceptable for this site.
5
AUG 0 4 1998
15.
Whether is it impossible to find other adequate sites in the County for the proposed
use in districts already permitting such use;
~ Evaluation not ~rplica~le.
Summnry Findings: V~lether or not there are other similarly zoned residential areas is
irrelevant.
16.
The physica~ charncteristics of the property and the degree of site alteration which
would be required to make the property usnble for any of the range of potential uses
under the proposed zoning classification;
Evaluation not applicable.
Summary_ FinOinEs; The site will be altered to the extent necessary to execute the
development strategy.
17.
The impact of development on the availability of adequate public facilities and
services consistent with the levels of service adopted in the Comer County Growth
Management PLtn and as defined and implemented throngh the Comer County
Adeqaate Public FaciHtles Ordinance, as amended;
Evaluation not applicable.
Summary Findings; Staffrevicws for adequacy of public services and levels of service
determined that required infl-astl~ure meets with GMP established relationships.
NOTE:
GMP as used herein means the Collier County Growth Management Plan.
means the Future Land Use Element of the GMP.
REZONE FtNDINGS PUD=gg-10(2)/md
AUG 0 1998[
!
PETITION NT3MBE~ P ~ J3 ]' U
D~
FOR
~ZO~ ~ CO~ITION~ USE REO~STS APR lB 1998
Name of ~plicant(s) ~ulf Co~st National Bap~
~plicant's Mailing Address 3838 North Tamiami Trail
City Naples State Fb Zip 34103
Applicant's Telephone Number: Res.:
Is the applicant the owner of the subject property?
(a) If applicant is a land trust,
beneficiaries below.
$o
Bus.: (941) 261-4262
No
indicate and name
X (b)
If applicant is corporation ocher than a public corporation,
so indicate and name officers and major stockholders below.
(c)
If applicant is a partnership, limited partnership or other
business entity, so indicate and name principals below.
If applicant is an owner, indicate exactly as recorded, and
list all other owners, if any.
(e)
If applicant is a lessee, attach copy of lease, and indicate
actual owners if not indicated on the lease.
(f)
If applicant is a contract purchaser, attach copy of contract,
and indicate actual owner(s) name and address below.
Gulf Coast National ~ank. Officers: Jerry J. Williams. President and CEO:
William E. Meyers. Executive Vice President: Patrick K. Miller. Senior Vice
President: Patricia S. Lucas. Vice President. Lori K. Arnold. Vice President:
Mark M. McCabe. Vice President: Lindy D'Amico. Vice President: Amy Sir~anv.
Vice President: Anita ?vnski. Asst. Vice President: Linda Newman. Vice
President: Janet KemDton. Marketin~ Officer: Sole Shareholder: First
Bancoro.. Inc.
2. Name of Agent ~_. Bruc~ Anderson.
Firm Youna. van Assend~rp
Agent's Mailing Address 801 Laurel Oak Drive. Suite 300
City NaDleS State FL
Zip 54108
Agent's Telephone Number: Res.: N/A
-1-
Bus.: (~41) 597-2814
AUG 0 & 1998
3. DETAILED LEGAL DESCRIPTION OF TME PROPERTY COVERED BY THE APPLICATION
(If space is inadequate, attach on separate page. If request involves change
to more than one zoning district, include separate legal description for
property involved in each district. If property is odd-shaped, submit four
(4) copies of survey (1" to 400' scale).
THE APPLICANT IS RESPONSIBLE FOR SUPPLYING T~E CORRECT LEGAL DESCRIPTION. IF
QUESTIONS ARISE CONCERNING T~E LEGAL DESCRIPTION, AN ENGINEER' S CERTIFICATION
SH~?.?. BE REQUIRED.
SECTION · ~6 TOWNSHIP 495 RANGE ~5~
See attached description of parcel "B" which includes ~he north haig of
Lot 7.
Size of property ~O0 ft. X ~ ft. Acres 2.23
Address or location of subject property Tract "B" - ~as~ ~de O~
~arnu Street
6. Existing land elevation:
County Flood Criteria Elevation: N/A (X)
ao
Date subject property acquired (X) or leased ( ):
31st day of JanuaFy , 19 ~7 and ~ day of
March, 1998.
Term of lease yrs./mos.
If, Petitioner has option to buy, indicate date of option:
; and date option terminates:
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
THIS APPLICATION IS INTENDED TO COVER:
you are requesting):
(Check which type of petition
A. REZONING: PRESENT ZONING ~ REQUESTED ZONING pUD
FOR p~fice buildinq containinq commercia~ ~ra~itional Cl and
C1-T uses.
B. CONDITIONAL USE __ OF ZONING FOR
-2-
kUG 0 4= 1998
10.
REASON WHY APPLICATION SHOULD BE APPROVED (Attach additional sheets if
necessary): Please refer to a=~ached transmittal letter to Ronald F.
~ino. County PlaDnina Services.
IS PROPOSED USE PROHIBITED BY DEED RESTRICTIONS?
IF YES, PROVIDE COPY OF T~E DEED RESTRICTIONS.
12. IS THIS REQUEST A RESULT OF A VIOLATION?
NOTICE SERVED?
13.
YES XX NO
IF SO, TO WHOM WAS THE
HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR?
IF SO, IN WHOSE NAME? ~
14. ARE THERE EXISTING STRUCTURES ON THE PROPERTY? Yes
TYPE: CBS , FRAME , MOBILE HOME
Temporary Use modular bank office.
OTHER
STATE OF FLORIDA
COUNTY OF COLLIER
AFFIDAVIT
h~iI, Jerry J. Williams, being first duly sworn, depose and say that I am
dent of Gulf Coast National Bank the owner of the property described
n and which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches, data and
other supplementary matter attached to and made a part of this application,
are honest and true to the best of my knowledge and belief. I understand
this application must be completed and accurate before a hearing can be
advertised. I further permit R. Bruce Anderson to act as my representative
in any matters regarding this Petition.
SIGNATURES OF ALL OWNERS ARE MANDATORY.
GULF COA~/~ATIONAL BANK
.P~sident '
R. Bruce Anderson
SWORN TO AND SUBSCRIBED BEFORE ME THIS 31st DAY OF March, 1998.
(C~O. ~ 3/~5)
-3-
Not~Y-PUblic
Elizabeth M. Dillin-gham
MY COMMISSION EXPIRES:
AUG 0 1998
Lots 1, 2, 3, 4 and 5 of SOUTHWINDS ESTATES, according to the Plat thereof recorded in Plat
Book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida
A parcel of land located in northwest quarter of Section 26, Township 48 South, Range 25 East,
Collier County, Florida, being described as follows:
Commencing at the north quarter comer of Section 26, Township 48 South, Range 25 East,
Collier Cotmty, Florida, the same being a point on the northerly Hght-of-way line of Immokalee
Road, (S.R. 846), a 150.00 foot right-of-way; thence run South 00"36'49" East along the east line
of the northwest 'A of the said Section 26 for a distance of 149.98 feet to a point on the sotrtherly
right-of-way line of lmmokalee Road (S.R. 846); thence run South 89055'29" West along the
southerly fight-of-way line of Immokalee Road (S.I~ 846) for a distance of 207.05 feet to an
intersection with the westerly right-of-way line of Pamu Street, a 60.00 foot right-of-way and the
POINT OF BEGINNING of the parcel of land herein described; thence South 00005'49" East
along the westerly fight-of-way line of Pamu Street for a distance of 159.88 feet to a point of
cm'vatnre; thence 40.20 feet along the arc of a curve concave to the west, having a radius of
450.00 feet, a central angle of 5007'0T' and a chord of 40.19 feet, beating South 02"28'04" West
to the northeast comer of Lot 5 of Southwinds Estates accord~g to the plat thereof recorded in
Plat Book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida; thence South
89~55'35'' West along the north line of Lots 1, 2, 3, 4 and 5 of Southwinds Estates for a distance
of 1115.00 feet to the north,vest corner of the said Lot 1; thence run North 00~32'41' West along
the northerly prolongation of the westerly line of said Lot 1 for a distance of 200.01 feet to the
southerly right-of-way line of said Imrnokalee Road (S.R. 846); thence along said right-of-way
line North 89~55'29' East for a distance of 1118.3(5 feet to the POINT OF BEGINNING.
The above describes an area of approximately 10.57 acres of land.
Subject to easements, restrictions and reservations of record.
L~GAI~, DESCRIPTION OF TRACT "B"
Parcel "A":
A parcel of land located in the Northeast ¼ of the Northwest ~ of Section 25, Township 48
South, Range 25 East, Collier County, Florida, being more particularly described as follows:
15
AUG 0 4 1998
COMMENCE at the Northeast comer of the Northwest ¼ of Section 26, Township 48 South,
Range 25 East, Collier County, Florida, the same being a point of the Northerly right-of-way line
of Immokalee Road, S.tL S-g46, a 100 foot right-of-way; Thence nm S00°36'49"E along the
Fast line of the Northwest % of the said Section 26 for a distance of 100.00 feet to a point on the
Southerly right-of-way line of Immokalee Road ~nd the point of beginning of the parcel of land
herein described, thence continue S0(Y'36'49"E along the East line ofthe Northwest ~,4 of the said
Section 26 for a distance of 250.01 feet to the Northeast corner of Lot 6, Southwinds ~
~.cording to the plat thereof recorded in Plat book 11 at Pages 16 and 17 of the Public Records
of Collier County, Florida; thence nm S89°56'15"W, along the North line of the said Lot 6 for a
distance of 150.49 feet to the Northwest comer of said Lot 6 and a point on the ~ly right-of-
way line of Pamu Street, a 60.00 foot right-of-way, the same being a point on a circular curve
concave to the West, whose radius point bears N$5~33'05"W, a distance of 510.00 feet
therefrom; thence run Northerly along the arc of said curve to the left, the same being the
Easterly right-of-way llne of Parnu Street, having a radius of 510.00 feet, through a central angle
of 04~30'39", subtended by a chord of 40.14 feet at a bearing of N02°l 1'35"E, for a distance of
40.15 feet to the end of said curve; thence nm N00°03'45"W, along the Easterly fight-of-way
line of Pamu Street for a distance of 209.$9 feet to a point on the Southerly fight-of-way line of
Immokalee Rd; thence nm N$9~56'15'"E along the Southerly right-of-way line of Immokalee
Road for a distance of 146.51 feet to the point of begi'ming.
LESS AND EXCEPT approximately the North 50 feet thereof which was conveyed to Collier
Coun~ for road fight-of-way by im'trument recorded in OR Book 1500, page 294, Public
Records of Collier County, Florida
subject to restrictions and reservations of record.
Description from OR Book 1577, pages 564 and 565, Public Records of Collier County, Florida.
Lot 6 and the north ~A of LOt 7, SOUTHWINDS ESTATES, recorded in Plat Book 11, Pages 16
and 17, of the Public Records of Collier County, Florida.
t6
AUG 0 4 1998
This Warranty De~d is Pr~nt~ Without ~ ~t of
Ill]lIlT it I2:lt~l WZ~rr I. IIICI, ~
I0~-.11 IIII.II
lin
W~ DE~)
Tills WA~ANI'I DF~D, mit ~1 at~t~t t~e $ !sf tt~ oil--. 199'/A~., t~ t~O~Ttl COtllEK MEDFC~
SUILDING, INC., a corpon~tm zztn~n$ undtr t~e ~ af Florida. and I~rvinlt itt prlnclpal place aflnatne~ ~ lrnmota~lee Road
and Parnu ,~trea. btapto. Ftorlda $4110, hertinafltr called the Grantor. to GULF COAST NATIOI~AL BANK, a nadonal ban~n$
~. org~v~zed and b~-orgonrt~l under the ta~ of ~he United .~tattr. whox¢ po, t a~ce addrett It P.O. Box ~t15040. tlal~.
S~e ,Exhibit 'A' attached h~eto and made a part hereof by refinance.
~ TO ~, tnildint code an~ o~ a~e re~tnc~om imtnued by to~nnu~t authority, oumandint oil ta~.
and mtn~l inten~u o/record, if any. and re~iaiont and eta~t~ common to the ~at~livition.
TOGgrI~R ~t~ au n t,,~.,,~, n~rei~n~ ~ appurtenance~ thereto belonting or in anyway appertaining.
TO HAVE ~ TO HOLD
Dectmber $1, 1990.
NORTH COLLIER MEDICAL BUILDING, INC.,
(CORPORATE SEAL)
STATE OP FLOP, IDA
COUNTY OF (~t. LtER
I H£P.F.~Y CERTIFY that on ~ day b~fm'~ m~, an off~r duly quaflfi~ to ~ ac~, pea'sonally agpeaml
m Pt o
tlo. ~
AUG 0 & 1998
(SE.kC)
EXIiZUIT
LEGAL
Parcel A:
& parcel og land lo:aced in the Northeast 1/4 of the
Northwest 1/4 og Secblcm 26, Township 48 South, Range 25
East, Collier County, Florida, beit~g mo£e particularly
described as £ollows:
C0~ENCE at ~he Northeast cocner o£ =he Northwest 1/4
Section 26, Town0hip 48 Sou=h, Range 25 East, Collier Cour~ty.
Florida, =he same bnit~ a.poiH~ cE the Northerly
lt~e cE Immokalee Road. $.R. S-~46, a 100 look rlght-o~-way~
T~ence =ut~ $00-36,49.E along-~he East line of the No£~Hwe~t
1/4 o£ the said SactAo~ 26 for a distance o~ 100.00 Eeet to a
point on che Southerly r£ght-of-way line of 1mmokalee Road
and :he poin~ of be~ltm£ng o[ Uhe parcel of laztd herein
described, thetxc~ conbinue 800'36'49"£ alon~ ~lte East line of
=he Norbhwes~ 1/4 of kl,e said Sec=ion 26 for a distance of
250.01 fee= Ko uhe Nor~heas~ co,er o~ ~u 6, Sou~hwinds
Es=aCes accordin9 to th~ plat thereof recorded i~ Pla~ book
County, Florida; thence run S89"56'15"w, aloI~ ~he Noruh lln~
of th~ said Lou 6 for a distance o~ 150.49 fee= =o
Northwest corner of said Lot 6 an~ a point on ~he Easterly
righu-o~-way line of Pa~u S~ree%, a 60.00 fcc= right-of-way.
=be sa~ beln~ a poi~ on a circular cu~e concave to the
We~=, whose radius point bears N85'3~'O~'W, a distance of
S10.00 feet thsra[r~; ~ence ~n Northerly along
said~e =o =he le~t, the same being =~e Easterly rtsht-of-
way line o~ parnu Street, having a radius o~ 510.U0
C~ou~h a csntral angle'of 04~30,39-, sub=ended Dy a chord of
~0.14 '~et at a ~earin~ of N02~11,35-~, ~or a disUance
40.15 ~eet =o the end of said ~e; :hence run N00'03'45"W,
alon~ =he Easterly right-of-way l~e o~ Parnu Street
die--ce o~ 209.89 fee= to a point on =he Southerly right-of-
way l~ne o= I~okalee Rd; t~ence ~n N89e~6'~"E ~ong the
· outherly tight-cE.waF line o~ I~o~loe Road for a
O~ 14~.~1 fee~ to ~h~ ~in= of be~i~in~.
hgS~ ~ ~CE~ approximately ~he Rorth 50 ~eeb =hereo~ whiclt
was conveyed ~o Collier County ~or road right-of-way by
ins=~n~ recorded in OR Book 1500, pa~e 294, P~lic Records
o~ ~llier C~y, Plorida
s~jec= to easements, rescrlcblons ~d rese~a=ions
Description ~rom OR Uook 1577, paSes 564 ~d S65, Public
Records of Collier Co~y, Florida.
AND
LoC 6, SOUTHWIND ESTATES, recorded in Pla~ Book ti, Pages 16 and
17, of t:he Public Records of Collier Count:y, Florida.
AUG 0 4 1998
IIA~LI$ ~I, 34101
II¢ORDBD in the O~ICI~ R~CO~$ o! CO,SI!! COUITT, I~RIC 111 10.50
CO~IIS l. OO
KISC 1.00
WARRANTY DEED
THIS DEED made on this ~ day of March, 1998 between ROBERT R. Zl~LERMAYER
m~d JACQUELINE I. ZELLERMAYER, husband and wife ('Grantors'), and GULF COAST
NATIONAL BANK, a rational banking association organized and existing under thc laws of the United
States ("Grantee*) whose post office address is: P.O. Box 413040, Naples, FL 33941-3040.
The Orators, in consider'adon of the sum of TE~ AND NO/100 DOLLARS ($10.00) and other
good and valuable considerations to said Grantors in hand paid by the Grantee, the receip~ of which is
hereby acknowledged, have grained, bargained and sold to thc said Grantee and Grantee's heirs,
successors and assigns forever, the following described property, situated, lying and being in Collier
County, Florida, to wit:
The North one-half of Lo~ 7, SotYrHWIND ESTATES, according to the plat thereof
recorded in Flat Book 11, at Pages 16 and 17, of the Public Records of Collier County,
Florida.
Tax Folio Number: 7451028(XX)3
SUBJF.,CT TO: real estate taxes for r,'-~, year 1998 and subsequent years; zoning,
building code and other use restrictions imposed by governmental authority; restrictions
and easements common to the subdivision provided however no one of them shall
prohibit use of the properly for comn~rcial purposes.
And said Grantors do hereby fully warrant the tide to said land, and will defend the same against
the lawful claims of all persons whomsoever.
IN WITNESS WHEREOF, the undersigned Gm_n. tors have duly executed and delivered this
instrument on the day and year first above written.
S.igned, Sealed and delivered
h the Presence of:
GOOdrd~B, Coleman & lolm~m, P.A.
4001 Taodmat Trsil North, $ufm ~
AUG 0 4 1998
OR: 2402 PG: 0719
STATE OF FLORIDA
COUNTY OF COLLIER
THE FOREGOING INgI'RUMENT was acknowledged bcforc me on (his ..2AIIL da), of March,
1998, by ROBERT R. ZEIJ.,F.,RMA~ sod JACQUEI,INE I. Zt!ILLERMAYER, husband and wife
(__) wix) sr~ pcrsoraay lox)wn to me or ~ who produced their rcslx~tive driver's license as
idelxit'x:~ion.
~ Commission F~pircs:
(Notary Seal)
(Page 2 of 2)
AUG 0 4 199(I:~:
YOUNG, VAN ASSENDERP &
VARNADOE, P.A.
801 LAUREL OAK DRIVE, SUITE 300
NAPLES, FLORIDA 34108
Phone: (941)59%2814
HOLE, MONTES & ASSOCIATES, INC.
715 TENTH STREET SOUTH
NAPLES, FLORIDA 34102
Phone: (941)262-4617
April 2, I998
Mr. Ronald F. Nino, A.I.C.P.
Om,znt Planning Manager
Collier County Planning Services
2800 North Horseshoe Drive
Naples, FL 34104
SUBffEC'T: Gulf Coast Natioml Bank, Amendment to Surrey Place PUD
Dear Mr. Nino:
Emlosed please find seventeen (17) copies of an amendment to the Surrey Place PUD for Tract "B" and
a tezoning application to incorporate into Tract 'B' the north half of Lot Seven of Southwind Estates and
zoned RSF-3 and comprising approximately 22,000 S.F. Also enclosed is a check in the amount of
$3,937.50 lo process tie petition. The Surrey Place PUD is located on the south side of Immokalee Road
in Section 26, Township 48 South, Range 26 East, and comprises 12.80 acres of which Tract 'B' is
located on the east side of Parnu Street and comprises 2.23 acres which includes lands to be added
presently zoned RSF-3. (See attached Southwind Estates Subdivision plat and location map.)
Existine Conditions
The subject property, Tract "B', is generally devoid of mtive vegetation with the exception of the north
half of Lot Seven which is heavily forested with a sixty percent (60%) canopy of Slash Pines. No
endangered species are located on the north half of Lot Seven for which more than fifty (50%) of the lot
area is proposed to be planted or retained with native vegetation to enha~ relationships with adjacent
proim'fi~. (See attached Environmental Assessment Report.)
Tract "B' is presently occupied by a temporary structure, that serves as the Gulf Coast National Bank,
that will be removed upon the completion of the proposed development, as depicted on the PUD Master
Plan.
Presently, Tract "A', located on the west side of Parnu Street, is currently partially developed with an
Adult Congregate Living Facility. At the time of this application, a PUD Amendment is currently being
reviewed by Collier County Staff to increase the square footage of ALI:: uses and also to permit a
AUG 0 4 1998
PAGE:
Mr. Ronald F. Nino, A.I.C.P.
Gulf Coast National Bank, Amendment to Surrey Place PUD
April 2, 1998
2
maximum of 10,000 S.F. of office and medically related uses. To the east of the Surrey Place PUD is
multi-family development (two gory) in the South Hampton (Stonebridge) PUD.
Access to Tract "B' is to be provided from two access points on Parnu Street, one which is presently
existing. Pamu Street forms a signalized intersection with lmmokalee Road.
The Petition
The proposed request is to facilitate the development of office and medical uses which have always been
contemplated for the subject property's Tract "B", since the PUD zoning was placed on the property in
1988. Uses permitted by the PUD today in a forty-five (45) feet tall office building include: banks,
medical facilities, pharmacy, florists and similar uses. The Petition is to accomplish the following:
Reduce the maximum Might from four stories or forty-five (45) feet to three stories or forty (40)
feet on Tract 'B", to minimize the impact on adjacent properties.
Retail uses such as pharmacies and florists are proposed to be deleted from the PUD for Tract
'B.' A new limitation of a maximum of 10,500 S.F. is imposed for medic, ally related uses on
Tract 'B." The request includes an increase in the maximum squar~ footage permitted for these
lower intensity commercial uses from 21,775 S.F. to 35,000 S.F. and provide as Permitted Uses,
all Permitted and Conditional Uses in the C-1 and C-I/T District with the exception of soup
Idtcher$ and homeless sheltera.
The.. north half of Lot Seven is being added to the PUD and limited to landscape buffer and
parking uses only. The north half of Lot Seven will retain a thirty (30) foot naturally vegetated
area along the south property line, with fifteen (15) feet along the east and west property lines
being planted or retained in native vegetation for screening and buffering. These buffer areas
result in more than 50% of the lot area being planted and preserved with native vegetation.
Under the existing zoning on the north half of Lot Seven, the~ is no requirement to preserve any
native vegetation. Buffer areas will be supplemented by additional plantings as may be needed
to achieve a B type buffer ~long the east and west property lines of the north half of Lot Seven
and a C type buffer along the south propea't'y line. (See cross section of buffer along south
property line as Exhibit C to the PUD ordinance.)
To imaease the minimum front yard setback along lmmokalee Road for Parcel "B" from fifty (50)
feet to seventy (70) feet and to increase the minimum rear yard setback from fifty (50) feet to
three hundred (300) feet. The office building will be moved farther north from the residentially
zoned property than the PUD presently allows.
AUG 0 1998
S~:
DATE:
PAGE:
Mr. Ronaid F. Nino, A.I.C.P.
Gulf Coast National Bank, Amendment to Surrey Place PUD
April 2, 1998
3
To reduce the side yard setback from forty (40) feet to twenty-five (25) feet for principal
structures on Parcel "B" and to fifteen (15) feet to accommodate the drive-thru canopy, balconies
or terraces extending from the principal structure and single story covered parking.
Growth Mana~,ement Plan
The Infdl provisions of the Future Land Use Element or Commercial Under Criteria presently permit new
office and low intensity commercial uses when property such as Tract "B" is adjacent to commercial
property or commercial zoning consistent with the Future l~nd Use Element and abuts an arterial road,
such as hnmokalee Road. This provision currently limits such new commercial uses to a maximum of
25,000 S.F. and to uses that will not generate more than five percent (5%) of Service Level C of the
design capacity of abutting streets. For the puq-,ose of demonstrating compliance with the Service Level
C design criteria, Immokalee Road has a capacity of 34,900 vehicles under a four lane road condition.
The following table compares traffic under existing zoning with the proposed zoning amendment to
demonstrate compliance that proposed uses will not generate more than 1,745 trips or 5 % of Service
Level C of Immokalee Road.
F.,XIS'I'ING ZONq'NG
PROPOSED ZONING
Medical 20,250 S.F. = 636 ADT~ Office 24,500 S.F. = 406 AD'Ia
Pharmacy 1,500 S.F. = ~~ Medical 10,500 S.F. = 330 ADT
771 736
~31.45 AD'r per 1,000 S.F., :90 ADT per 1,000 S.F., ~16.58 ADT per 1,000 S.F.
Therefore, based on the above comparative analysis, there is actually a small reduction in development
intensity with the proposed amendment request, and project traffic is not deemed significant based on
measures set forth in the Collier county Growth Management Plan, which is 5%, based on Policy 5.2
of the Traffic and Circulation Element.
Pending amendments to the Commercial Under Criteria of the Future Land Use Element which will likely
be in effect by the time tl-,is petition is scheduled for public hearings, propose to delete the 25,000 S.F.
limitation of new commercial square footage and the requirement that trips be limited to 5 % of Service
Level C. In any event, the 13,250 $.F. to be added to Tract "B" may be found to be consistent with the
current and proposed Future Land Use Element Criteria pertaining to Commercial Under Criteria. This
is based on exiting conditions, the fact that commercial uses are presently permitted on Tracts 'A' and
"B", and the restrictions on the lot being added to landscape buffer and parking uses. Fifty percent
AUG 0 1 1998
PAGE:
Mr. Ronald F, Nino, A.I.C.P.
Gulf Coast National Bank, Amendment to Surrey Place PUD
April 2, 1998
4
(:.$0%) of thc added lot area will be native vegetation landscape buffers. Addition of the lot allows the
office building to be moved even farther from the added lot than presently authorized in the PUD.
Proiect Iustification
Tim justification for the request is based on a number of considerations including the fact the existing
PUD zoning and incorporation of the north half of Lot Seven into the PUD with uses limited to landscape
buffets and parking can be found to be in compliance with thc Collier County Growth Management Plan.
In consideration for increasing 13,250 S.F. of non-residential development into the project, height is
reduced from four (4) to three (3) stories within forty (40) feet to enhance relationships with adjacent
properties and the allowable square footage devoted to more intense medical uses is reduced from 21,750
$.F, to 10,:~H:)0 S.F. Setbacks arc also increased from fifty ($0) to seventy ('/0) feet in the front yard
(Immokalee Road) and from fifty (50) to three hundred (300) feet in the rear yard or southern portion
of thc pmrgrty, which will now include the northern half of Lot Seven. Without the inclusion of the
north l'mlf of Lot Seven, which is 125 feet in depth, 175 feet of setback: will remain from the former
p~l~th p~al:grty linc of Lot 'B' or 125 feet more than the fifty (50) foot setback: required from the rear
of thc present PUD.
In summary, the building envelope, with reduced height and increased setbacks is more sensitive to
adjacent properties in comparison to what could be built on thc property today, based on the current
zoning for the reasons noted above. (sec attached existing PUD Master Plan with structure close to the
south property line.) Therefore with the proposed development standards, the planned development can
b~ found to be compatible with nearby and adjacent land uses. In addition, the project meets or exceeds
all applicable land use and zoning requ~ents of the Collier County Land Development Code pertaining
to open space, setbacks, building height, native vegetation preservation, screening and buffering, and
architectural and site design. Alt,hough this Amendment Petition seeks to increase the allowable building
~ footage, with the reduction in building height and increase in setbacks along the northern and
r, outlz'm propen7 lines, with the eI~ination of retail commercial uses and limitation on medical uses
reslllti~ in a reduction in traffic impacts, and with thc new and more restrictive landscape buffering
requirements, the increase, in buil,:ling square footage is equalized such that tiffs Petition does not
represem an overall increase in the intensity of use allowed under the existing PUD.
S~:
DATE:
PAGE:
Mr. Ronald F. Nino, A.I.C.P.
Gulf Coast National Bank, Amendment to Surrey Place PUD
April 2, 1998
:5
Thank you for your consideration in this matter, and if we can provide you any further information,
please do not hesitate to contact us.
Sincerely,
YOUNG, VAN ASSENDERP &
VARNADOE, P.A.
R. Brace Anderson
HOLE, MONTES & ASSOCIATES, INC.
Robert L. Duane, A.I.C.P.
Attachments as stated
:I~CI~NOArPoLTR
AUG 0 4:1998
I
i
t
AUG 0 4~ 1998
Pg-
I
!
I
!
ORDINANCE 98-
AN ORDINANCE ~4ENDING ORDINANCE NUMBER
91-102, THE COLLIER COUNTY LAND DEVELOPMENT
CODE, WHICH INCLUDES THE COMPREHENSIVE
ZONING REGULATIONS FOR THE UNINCORPORATED
AREA OF COLLIER COUNTY, FLORIDA, BY
AMENDING THE OFFICIAL ZONING ATLAS MAP
NUMBERED 8526N BY CHANGING THE ZONING
CLASSIFICATION OF THE HEREIN DESCRIBED REAL
PROPERTY FROM "RSF-3" AND 'PUD" TO "PUD"
PLANNED UNIT DEVELOPMENT KNOWN AS SURREY
PLACE, HAVING THE EFFECT OF REZONING 0.45
ACRES, MORE OR LESS, AND AMENDING THE
CURRENT SUP/~EY PLACE PUD FOR PROPERTY
LOCATED ON THE SOUTH SIDE OF IMMOKALEE ROAD
(C.R. 846) LYING FAST OF VETERANS PARK
DRIVE AND WEST OF THE WEST LIMIT OF THE
STONEBRIDGE PUD, IN SECTION 26, TOWNSHIP 48
SOUTH, RANGE 25 EAST, COLLIER COUNTY,
FLORIDA, CONSISTING OF 12.80 ACRES;
PROVIDING FOR THE REPEAL OF ORDINANCE
NUMBER 98-60, AS AMENDED, THE FORMER SURREY
PLACE PUD; ~D BY PROVIDING AN EFFECTIVE
DATE.
WHEREAS, Robert Duane of Hole, Montes & Associates, inc.,
representing Gulf Coast National Bank, petitioned the Board of County
Commissioners to change the zoning classification of the herein described
real property;
NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA;
SECTION ONE:
The Zoning Classification of the herein described real property
located in Section 26, Township 48 South, Range 25 East, Collier County,
Florida, is changed from "RSF-3" ano "PUD" ~o "PUD" Planned Unit
Develoument in accordance with the PUD Document, attached hereto as
Exhibit "A", which is incorporated herein and by reference made part
hereof. The Official Zoning Atlas Map nun~ered 8526N, as described in
Ordinance Number 91-102, the Collier County Land Development Code, is
hereby amended accordingly.
SECTION TWO:
Ordinance Nu~er 98-60, as amended, known as the Surrey Place PUD,
adopted on June 23, 1998 by the Board of County Commissioners of ~911~-r
County, is hereby repealed in its entirety. N~-~
AUG O 1998
SF~/TION THREE:
This Ordinance shall become effective upon filing with the
Department of State.
PASSED AND DULY ADOPTED by the Board of County Commissioners of
Collier County, Florida, this day of , 1998.
ATTEST:
D~IGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
Approved as to Form and
Legal Sufficiency
Marjo~e M. Student
Assistant County Attorney
BY:
BARBARA B. BERRY, Chairman
-2-
AUG 0 A 1998!
/
,,,. 3e, _ I
THE SURREY PLACE
PLANNED UNIT DEVELOP~
Hole, Montes & Associates, Inc.
715 Tcnth Street South
Naples, Florida 34102
roi. (941) 262-4617
J~e,l~8
HMA File No. 98.35
AUG 0 4:1998
-TAI~LE OF CONT~T~' ' '
SECTION 1
SECTION 2
SECTION 3
S~ON 4
SECTION 5
SECTION 6
SECTION 7
SECTION $
Exhibit A
ExMbit B
ExhiMt C
ExMbit D
Exhibit E
Statement of Compliance
Project Description, Legal Description and Short Title
Stamment of Intent ~ad General Development Regulations
Permitted Uses and Site Development Regulations
Traf~c Standards
Utilities Standards
Legal ~ption of Tract "A" and "B"
Conceptual Landscape Plan Tract "A'
Lands~ Buffer along the South Property Lin~
of Tract "B" (North I-/affof ~t Seven)
Conceptual Landscape Plan, Tract "B", with Traffic Control
AUG 0 4 1998
SECTION
AT M NT OF COMPL CE
The development of 12.S0 acres of property in Section 26, Range 25 East, Township 48 .South,
Collier Cour~ry, Florida as a Planned Unit Dev¢lopmem to be known as the Surr~ Place PUD
will be in compliance ~th the plartuing goals ~d objectives of Collier County for the following
1.1
The project i~ cons~t with all applicable elements of the Collier County Growth
Management Plan including Policy 5.8 of the Futttre Land Use Elemem thst permits
Adult Living Facilities subject to regulations contained in Section 2.6.26 of the Collier
County Land Developmem Code.
1.2
The project incorporates natural systems into either preserve areas or as imegral
componems of the water management system to ~c.e their natural f-unction.
1.3
The project is compatible with adjacent land uses through the internal arrangements of
stmcttm~, the placement of land use buff'ers, and the propo~ development stnndnxds, as
required by Policy 5.4 of the Futttre La~d Use Elemem.
1.4
Ail impruvemems shall be in compliance with all applicable County regulations
l~mixdng to co~on and design.
1.5
Ali Final Development Orders for this Plau~ed Un/t Development are subject to the
Collier County Con~ Management System, as implemem~ by Division 3.15 of
the Collier Count3r Land Development Code.
PROJECT DESCRIPTION. L~GAL DESCRIPTION, SHORT
2.1
PROPERTY DESCRIFHON
'rh¢ subj~-.t l~oper~ is loca~t on tl~ sou~ sid~ of lmmokalee Road, one haffmi!e west
of Airpo~ Road and locazed in Secfi~ 25, Range 25 East, TownsMp 4~ South and
com~ apl~oxima~ly 12.80 ~ of land. The subjea property/s div/ded inw two
~tr~, _.. Tract "A" is fl~e location of an Adult Liv/n~ Facil/ty (ALl:) on 10.57 acre~. Tract
"Bm planned for office uses and coml:~/ses 2.23 acr~.
LEOAL DES~ON
See attached legal description, Exhibit A for Tracts A & B.
2.3 lttgiLT_II23~
T'nis ordinance shall be known and cited as the Surr~ Place Planned Unit Developmem
2
___Ii __ .I ............ m ............... J __ _ mm ................ ,L_ _ l.._
AUG 0 4, 1998
3.1
3.2
SECTION 3
STATE~ OF INTENT
AND GENERAL DEVELOPMENT REGULATIONS
PURPOSE
The project purpose is to provide for the development of an Adult Living Facility on
10.57 acres on Tract "A", located on the west side of Pamu Street. Also, ~ m~
office uses on Tra~ "B', on 2.23 acres. Both Tract "A' and ~B" are depict~i on the PUD
Mast~ Plan, Exhibit B.
GEbtERAL
The following a~e general provisions applicable to the PUD Master Plan:
Regulations for development of the Surrey Place Planned Unit Development shall
be in accordance with the contents of this document, the PUD - Plumed Unit
Development Disu'ict and other applicable sec'dons and parts of the Colliex
County Land Development Code (LDC) in efffeet at the time of building permit
application Should these r~xflafions fail to provide speci6¢ dev~l~t~
standa~ls, then the provisions of the most similar zoning district in thc Collier
County LI)C shah apply.
Unless otherwise noted, the defnltions of all terms shall be the same as the
de~inltions ret forth in the Collier Coumy LDC in effect m the 6me of building
Ce
All conditions imposed end all graphic material prescnted depicting nn~ri~
for the development of the Surrey Place Plann~ Unit Development shall become
part of the regulations which govern the manner in which this site may be
developed. '
Devclolnuent, permitted by the approval of ~his petition, will be subject to a
concurr~ review under the provisions of the Adequa~ Public Fecilities
Division 3.15 of the LDC et the e~rliest or next to occur of either final SDP
approval, Final PI,et approval, or building permit issuance applicable t~ this
development.
AUG 0 4 1998
3.3
3.4
3.5
3.6
3.7
3.8
SITE CLEARINO AND DRAINAOE
Clearing, grading, earthwor~ and site drainage work shall be performed in accordance
with Division 3.2 of the Collier County LDC and the standards and commitments of this
document ~t the time of construction plan approval.
EASEMENTS FOR UTILITIES
Easements, where required, shall be provided for water management areas, utilities and
other purposes as may be required by Article 3 of the Collier County LDC.
All necessary easements, dedications or other instruments shall be granted to ensure the
continued operation and main~mnce of all services and utilities to insure compliance
with applicable regulations in effect at the time construction plans, site plans or plat
approv~ are requested, in accordance with Article 3 of ~he Collier County LDC.
AMENDMENTS TO THE ORDINANCE
The PUD Master Plan is intended as an illustrative preliminary development plan and
shall be understood to be flexible so that the final design may best satisfy the project, the
neighborhood and the general local environment.
Amendments to this Ordinance and Conceptual PUD Master Plan sl~ll be pursuan~ to
Section 2.7.3.5 of the Collier County LDC in effect at the time the amendment is
request.
Parking shall be provided as required by Section 2.6.26 or Division 2.3 of the Collier
County LDC, whichever is applicable. A seon'ity gate for nighttime use shall be installed
on the parking lot on Tract "B' south of the southern-most access to Parnu Street, as
depicted on Exhibit "E".
SUNSET AND MONITORING PROVISIONS
The Sturey Place PUD shall be subject to Section 2.7.3.4, Time Limits, for Approved
PUD Master Plato and Section 2.7.3.6, Monitoring Requirements.
C01Vl]VlON AREA MAINTENANCE
Common area maintenance, including the maintenance of common facilities, oI~n Irpao~
and the water management facilities, shall be the responsibility of the owners'
association, together with any applicable permits and conditions from applicable local,
State, or Federal permitting agen¢i;~.
3.9
LANDSCAP1NO REOUIKEMENTS
All landscaping requirements, buffers, walls 'and berms shall be developed in
conformance with requirements of Division 2.4 of the Collier County LDC pertaining to
landscaping and buffering, however, a portion of the front yard buffer, along Visland
Avenue for Tract "A", which includes a portion of the internal drive serving ~g
development, may average 10 feet in width for a distance of approximately 165 feet
Any plantings required to be provided in this area that may be displaced as a rest~ of the
size or configuration of the buffer area shall be provided in other portions of the buffer
area. The buffer along Visland Avenue shall be installed within 90 days after zoning
approval. Th~ height of this buffer anm is required to be eight (S) feet in height by the
time the Cenificam of Occupancy is issued for tim building addition depicted on the PUD
Master Plan as Concepu~ Future Building footprint A conceptual laudsca~ plan is
a~tached as Exhibit C to this Ordinance depicting this buffer area.
A thirty foot naturally vegetmed area will remain along the south thirty (30) fe~t of tim
north half of Lot 7 Tract "B' and a fifteen (15) foot buffer of native vege~tion will be
placed along the east and west property lines of the north half of Lot 7. Bufl'er~ will be
supplemented with additional plantings to the ~ pwvided by Section 2.4 of the LDC
to provide for a Type B buffer along the east and west ~ lines and a Typ~ C btfffer
along the south property line of Tract "B', which will also include a meandering hedge
along one hundred and thirty-five (135) feet of the north ½ half of Lot Seven (7), similar
in composition and material to the buffer provided for Tract "B' along Pamu Stre~ (Se~
also Conceptual Landscape Plan for Tract "B", Exhibit E.)
3.10 SIG~_~
As provided for wi',hln Section 2.5, Si~s, of the Collier County LDC.
3.11 POLLING PLACE
3.12
A polling place will be provided in accordan~ with Section 2.6.30 of the Collier County
LDC, as may be determined to be necessary by the Collier County Supervi.~ of
Electiom.
NATIVE VEGETATIQ~
Native vegetatiou shall be preserved in accordance with the applicable r~!uhemems of
Division 3.9 Vegetation Removal, Protection, and Preservation, of the Collier County
LDC. The soulh thirty (30) feet and fifteen (15) feet along the east and w~t property
lines of the north half of Lot Seven (7) Tract "B' shall be retained or planted in native
vegetation, which represen~ about fifty (50) percent of the lot to be covered with native
vegetation.
5
AUG 0 4 1998
3.~3 ~CmT~Ttn~L ~ SrI'S D,SSX~ S~rAh'DA~DS
Commercial development of the subject property shall comply with Division 2.8 of the
LDC.
6
AUG 0 ~ 1998
SECTXON 4
PE~MZ'I~ED USES AND DEVELOP~ REGULATIONS
4.1
4.2
4.3
It iz the purpose of this ~:ction to outline the developme~ regulzfio~ for ~e
projec~ ~o that the developmen~ will proceed in a rammer which iz ~ with
the PUD Document and according to the general goah a~d objectiv~ of th~
Collier County Growth Mmagement Plan.
PRINCIPAL USES AND STRUCTt~S
A. Tract "A":
1)
2)
3)
4)
~)
~)
Skilled Nu~s-ing
Adult Living Facility (ALF)
Adult Day Care
Child Day Care
Home Health Care
Tbm'apy OfficedClinic
B. Trac~ "B":
t)
All of the Permitted and Conditional use~ in the C-I at~d Clff Zor~E Diz~c~
at~ ~ ~ as of the eff~ date of the' adopti0~ of tM_, Ordinamce,
excluding homele~ ~elte~ and soup ~ ~ubjec~ to a fin'~fion of ten
~f~ hundred (1o.~oo) ~ f~ (~) of~ s~vic~ (S.LC. SOil
- 8049) uses.
2) Paztci~ only is permitted on the north half of Lot 7 with screen_ ;a~ and buffering
as ~own on the PUD Master Plan.
PEKMYITED ACCESSORY USES AND STRUCIIJRE~
~ t~lence, one per n-act of ~
~ ~ (3,000) s.f. of general office on Tract "A".
7
AUG"O '4 1998
D. - Tw~nty'ffiYe hundm:i (2,500) s.f. of medical use for geriatdc car~ only on Tra~ "A'.
4.4
4.5
4.6
PROHIB~ USES AND STKU~S
Ao
DEVELO~ STANDARDS
A. Minimum lot ar~c Ten ~ (10,000) SClUm'e feet
B. Minimum lot width: One Htmdred (100) feel
C. M'mi mm yard r luir ems:
1)
Unless otherw~ provided, fifty (50) feet from all pwlx~ lines. Tract "B"
ahall ~ a sevellty (70) foot setback from the north ~ ~ a
thr~ hund~ (300) foo~ so, back from the south ~ line for ~
~; and a tw~my-five (25) foot s~i~ack tom ltz ~ and ~
maintain a sefl:~ck of fifteen (I 5) feet from any ~ line.
A. Maximum height of ~:
i)
Thirty-five (35) feet for Tract "A'.
Forty (40) feet, not to exceed three (3) stories, for Tract "B'.
B. Minimum floor arca of stru~:..
1) 1000 square feet for each principal ~ucu~.
DEVELOPMENT INTENSITY
The Adult Congregate Living and Skilled Nursing Facility on Tract "A" shall be
in conform~ce with the requirem~ of Section 2.6.26 of the Collier Couaty
Lind Development Code that permits a maximum floor area ratio of.45.
Bo
Uses m'e limitexl to a maximum of thirty-five thousand (35,000) s£ on Tract"B",
of which no more than ten thousand-five hundred (10,500) s.f. of Health Service
Uses (S.I.C. 8011 - 8049) are 1~,~
I_._AUG 0 4 1998
SECTION ~
ENVIRONMENTAL STANDARDS
5.1
5.2
5.3
5.4
5.5
An exodc vegetation ~-moval, m~ a~l maintenance (exotic-fi~e) plan for the site,
~ emphasis on the conservation/preservation areas, shall be submitted ~o Curm~
Planning Environmcn~ Su~ff for revi~v and approval prior to final site plan/construction
plan approval.
~ location shall be immediately ~ and the Current Plmmi~ Envln:nm~ Staff
notifiecL Develovmem will be suspended for a su~deat length of lime to enable the
Currcm Plarming ~en~ Staff or a desi~_~d cormdtam to assess the find and
determine the proper course of action in regard to its salvageability. The Current Phnning
Environmental Staff shall respond to any such notification in a timely and efficient ~
so as to provide only a minimal intem~on to a~y con.s'm~onal activities. At the time of
SDP su~ the scrub oak/gopher tort&se tmese~e area shall be field surveyed and more
accurately shown on the Site Plan to reflect the actual boundary.
The xeric osk habita~ along the western boundary of the parcel, as depicted on the PUD
Master PLa~ shall be maintained as a conservation m'ea and fenced off prior to development
activity ocaming adjacent to it. The petitioner _O~T! maintain xeric oak habitat ou~ide of
the ~ building footprint or/nfr~w.~u~. If development prohibits ~n~
individual oak trees in place, the petitioner .~hall transplan~ these trees to lmldscape ~
within the development, or to the comerv~on area. The pexitioner shall work closely with
detel-m/ne which tre~ may be ~y ~lanted.
A habitat ~cm plan for gopher tom~ises shall be submilzed to Curre~ ~
Enviwnmen~ Stuff for r~view and approval prior to final site devel~ plan approval.
This plan shatl address maimenance of the preserve area and exotic vegel~on removal,
which must be done by hand in the preserve area.
The PUD shall b~ consistent with the Environmen'ml Sections of the Collier County
Growth Management Plan, Cons~vafion and Coastal Management Element and the
Collier County Land Development Code in effect at the time of final development order
approve.
9
AUG 0 4 1998
,,, Pg._. 'ff"~_ .~_ ~
SECTION 6
6.1
All access shall be by way of Pamu Strut There shall be no direct access to hnmokalee
Road.
10
AUG 0 ~. 1998
SECTION 7
7.1.
7.2
7.3
7.4
Water distribution, sewage collection and transmission and interim water and/or
sewage treatment facililies to serve the project are to be designed, conmucied,
No. 88-76, as amended, and other applicable County rules and regulations.
C~unty in ~ce with the CounW's established rates. Should the County not
be in a position to provide watcr md/or sewer, customers shall be customers of
the inmim utility established to serve the project until the County's off-site waIer
and/o~ sewer facilities a~e available to serve the projec~
Appropriate easemem~ for a~y project imemal water improvements shall be
documented on the com'~uction plans and shall be dedi~ to the Collier County
Wa~er-Sewer District.
9%17 or ~e~eam made there, and shall be approved prior to the issuance of
development con.stmction approval.
~ No, ~
' .~'3041998
:
11
8.1
8.2
8.3
8.4
8.5
SECTION
ENGINEERING STANDARDS
Detail~ paving, grading, sit~ drainage and utility plan~ b~ submittal to Devdopment
S~rvic~ for revi~,. No co--on l~'rmits shall be issued unl~s and until approval of
proposed construction, in accerdan¢¢ with the submittal plans, is gran*axl by Plarming
S~-~ic~s D~artment.
Design and construction of all improvements shall be subject to compliance with the
appropriate provisions of Division 3 of the Collier County Land Development Code.
Work within Collier County right-of-way shall mee~, the requirements of Collier Coumy
Right-of-Way Ordinan~ No. 82-9 I.
An Excavation Permit will be required for the proposed lake(s) in accordance with
Division 3.5 of the Collier County Development Code and South Florida Water
Management District regulations.
The project water management requhx~ents are governed by an existing South Florida
Water Management District permit. The responsibility for project approval of the water
management will be delegated to Collier County.
12
AUG 0 A 1998
LEGAL DESCRIPTION OF TRACT
Lots 1, 2, 3, 4 and 5 of SOUTHWINDS ESTATES, according to the Plat thereof recorded in Plat
Book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida
A wact of land located in northwest quarter of Section 26, Township 48 South, Range 25 East,
Collier County, Florida, being described as follows:
Commencing at the north quarter corner of Section 26, Township 48 South, Range 25 Ea.%
Collier County, Florida, the same being a point on the northerly right-of-way line of lmmokale~
Road, (S.R. 846), a 150.00 foot fight-of-way; thence nm South 0(F36'49' East along the east line
of the northwest ¼ of the said Section 26 for a distance of 149.98 feet to a point on the southerly
right-of-way line of Immokalee Road (S.IL 846); thence nm South 89~55'29' West along the
soulherly fight-of-way line of Immokalee Road (S.R. 846) for a distance of 207.05 feet to an
intersection with the westerly right-of-way line of Parnu Street, a 60.00 foot fight-of-way and the
POINT OF BEGINNING of the parcel of land herein described; thence South 00O05'49' East
along the westerly right-of-way line of Pamu Street for a distance of 159.88 feet to a point of
~; thence 40.20 feet along the axe of a curve concave to the west, having a radius of
450.00 feet, a central angle of 5o07'07" and a chord of 40.19 feet, bearing South 02~28'04'' West
to the northeast comer of Lot 5 of Southwinds Estates accor~g to the plat thereof recorded in
Plat Book 11 at Pages 16 and 17 of the Public Records of Collier County, Florida; thence South
89~55'35' West along the north line of Lots 1, 2, 3, 4 and 5 of Soulhwinds Estates for a
of 1115.00 feet to the northwest comer of the said Lot 1; thence nm North 00~2'41' West along
the northerly prolongation of the westerly line of said Lot I for a distance of 200.01 feet to the
souUerly fight-of-way line of said Immokalee Road (S.1L 846); thence along said right-of-way
line North ggn55'29' East for a distance of 1118.36 feet to the POINT OF BEGINNING.
The above describes an area of approximately 10.57 acres of land.
Subject to easements, restrictions and reservations of record.
LEGAL DESCRnq ON oF TR cr -B-
Tract "B":
A parcel of land located in the Northeast ¼ of the Northw~,t ~A of Section 26, Township 48
Sow, h, Range 2~ ~ CoUier County, Florida, beint mor~ p:~icularly describe~ as follow~:
AUG 0 & 1998
CO--CE at the Northeast comer of the Northwes~ ¼ of Section ~6, Tow~hip 4g South,
Range 25 East, Collier County, Florida, the same being a point of the Northerly right-of-way line
of Immokalee Road, S.R- S-g46, a I00 foot fight-of-way; Thence nm S00~6'49'~E along the
East line of the Northwest I/, of the said Section 26 for a dis~a.uce of 100.00 fee~ to a point on the
Southerly right-of-way line of Immokalee Road and the point of beginuing of the parcel of land
herein descri~ thence continue S00~36'49~ along the East line of the Northwest ~ of the said
Section 26 for a distance of 250.01 fee~ to the Northeast comer of Lot 6, Southwinds Estates
accord~g to the plat thereof recorded in Plat book 11 at Pages 16 and 17 of the Public Recoils
of Collier County, Florida; thence run S89~56' 15'~,V, along the North line of the said Lot 6 for a
distance of 150.49 feet to the Northwest comer of said Lot 6 and a point on the Easily fight-of-
way line of Pamu Street, a 60.00 foot right-of-way, the .same being a point on a circular curve
concave to the West, whose radius point bears N85°33'05"W, a distance of 510.00 feet
therei-om; thence run Northerly along the arc of said curve to the left, the same being the
Easterly right-of-way line of Parnu Street, having a radius of 510.00 feet, through a central angle
of 04030'39'', subtended by a chord of 40.14 feet at a bearing of N02°l 1'35"E, for a distance of
40.15 feet to the end of said curve; thence nm N00°03'45"W, along the Easterly right-of-way
line of Pamu Street for a distance of 209.89 feet to a point on the Southerly right-of-way line of
lmmokalee Rd; thence nm N89°56' 15"E along the Southerly right-of-way line of Immokalee
Road for a distance of 146.51 feet to the point of begh~,~ing.
LESS AND EXCEPT ~ximately the North 50 feet thereof which was conveyed to Collier
County for road right-of-way by in~omunent recorded in OR Book 1500, page 294, Public
Records of Collier County, Florida
subject to restrictious and reservations of record.
Description from OR Book 1577, pages 564 and 565, Public Records of Collier County, Florida.
Lot 6 and the north ~ of LOt 7, SOUTHWINDS ESTATES, recorded in Plat Book 11, Pages 16
and 17, of the Public Records of Collier County, Florida.
AUG 0 4= 1998
./
F
1.
AUG
I
( 9t,~--&,-D ) c~o~ ~
AU~ 0 4
PETITION AV 97-027 TO VACATE TWO DRAINAGE EASEMENTS AND A COUNTY
UTILITY EASEMENT IN "DOVER PARC' AccoRDING TO THE PLAT ~OF
RECORD~ IN PLAT BOOK 22, PAGE 61, PUBLIC RECORDS OF COLLI'aR COUNTY,
0~: To ado~ the resolution to vacate the above mentioned easements.
.CONSID~TION$: Petition AV 974)27 has been r~x~ived by the Transpo~__s~_'_on
Depatmm~ from Gary Buffer, P.E. of Buffer Fagineerln~ Inc. as agent for the petitioner,
"Dover Pare" be vacated to accommodate proposed building Iocatiot~. There ar~ no exi.~ing
hav~ been given to Brianvood Property Owners' Assodation, Inc. with ~
n~:ms/~tifie~ and to Collier County without main~ re~msibilifie~ and recorded in Official
Record Book 2398 at Page 1837 and Official Record Book 2398 al Page 1841. A rep~
e.~ement for the Couney Utility Easemet~ will be given to Collier County at a later date. Lett~
of no objection have been received from all perfine~ utility provide~ lind 'user agencies.
P.U.D.
FISCAL [M~PAC'r: Collier County has colleaed a $1,000 "Petition to Vacate" fee from the
petitiooer which will b~ deposited into the Road and Bridge Fund (101-163610). This fee covers
GROW'IH MA~AGEMEb~ IMPA%~'T: Not applicable
RECOMbI~I~TDATION: That the Board of Counly ~i_~ionm's:
1) Approve the Resolution for Petition AV 97-027 for the vacation of the abov~-
2) Amhorize th~ execution of the Re~olufion by its Clminmm and direct the Clerk to
record a certi~ed co~ of ~e Re~lution in the Public ~.
3) Requ~ the Clerk efCoth"ts to make ,.vpropriate ~ note~ on th~ recorded plat.
DAT~:~
DATE:~o ~-
AUG 0 4 1998
ClCy/Sta~:~ 2ip ¢ode..~
Address: ' ' U_-.- Te XephoM; ~-LGa~t.Z.~e~
neason for Request:. 4~ffO~-~--~L/0'~'' "
~rrent ~oninq,_ .~_
a~fecc density? ~0 _ [
~ ~araby ~u~horize ~gent X~ve
~~.~ ~~
- Oa~
~iqnatur~ o~ PeA~ianpr,(~r)
Print ~ame (Title)
Please aaa ePolic7 and Procedure
the list of auppo~ive ~atertals ~hich ~usC accompany this
~tition, and deliver or sail
rrans~rta~ion
Collier County ~ver~en: Complex
Naples, FL 33gG2
T~Iep~o~d: (~41) 774-84~4
*(l) Zt applican~ ts a la~ t~sc, lfldica~e the nane o~
~nailc/arl~s.
(2) I~ appli~n~ Is a ~ra~lon ~a~ ~han a public
co~ration, i~lcate the ~zna o~ o~lcera a~ ma~or
etockhoZders.
(1) lg appl~.~n~ Is i.partnerahlp,
o~ar b-dainesa entity, i~loate the name aC prt~l~la.
(4) ~at all other o~era. .=
AUG 0 i 1998
pLATS OF SU~OZ~TD~ ~HQ ~CE~F FOR VA~TIOH OF
Bate Receivea:_~'. 2Z .(q~ .... .. petition
~ - TelephO~e:~l
Address of Sub~e~ ~opert~:_
-- zip C~e:~
~cat[on. Se~n _ ~ I T~nahip ~q ~ ~nga
~lock __ Unit
Subdivision: ~~
Plat Book __ ~' Page(s) _~1 ~ /~-
(3) If applicant is a partnership, limited partnership or
~ - other business entity, indicate the naue of principle.
~ ~ (4) List all
Reason for Re.est:
Doss tBis
current
a£fect densitT?-- ~ ,-
I Hereby Authorize Agent Above to Represent Ha for this
Petition: lit
- - (Owner) Date
Print ~ame (Title~
Please ama "Policy and Procedure of Wacation and Annulment" for
the list of supportive matsrialm which mum: accompany this
~etition, and deliver or mail to:
Transportation Services
Collier County ~overnment Complex
Maples, FL 339~2
Telephone: (941) 774-8494
*(1) Zf applicant is a land t~st, indicate the name of
~neficiarie$.
If appli~nt is a co~oration other than a public
co__ration, in~icat= the name of officers and ma~or
-'AUG 0 A 1998
OCT.-09' 97fTHU) 14:37 ANNIS MITCHELL NAPLES
~L:941 597 6984 !'.003
l I11 tl.H
IOC-,ll
Se~ ~ Schedu~ A for lcBA~ delc~
~ TO HA3r~ ,L~TZ) TO HOLT)
J
0 4 1998
~CT.-09' 97(THU} 14:.38
ANNIS MITCHELL NAPLES
TEL:941 597 6984 P. 004
"" U~t; t;t;T! t'V; &aV;t '"'
DI~8 CR,I:PT.I:ON
oF ?~E ~IHAINI~G PORTION Or TRACT 'n' RND A tORTZOX Or ~RACT 'C~
DOVER PARC, FLAT ~OO~ 22~ P~G~SH~ A~ 62, PUBLIC R~CORDS
COLLI~R COUntY, ~LORZDX, BBZ~G ~AR~ICU~ARLY D~SORZB~D AB
~OLLO~8~
BBOINNING A~ ~H~ NORTHBAST CORN~R O~ ~RAC~ 'B', DOVER PARC,
ACCORDIHG TO THE ~LAT R~CORDED ~N PLAT BOOK 22, PAGES 61 AND 62,
OF THE PUBLIC R~CO~DS OF COLLIER COUNTY, fLORIDA, 8AID POINT ALSO
BgIIG ON THE WBBT~R~Y RIGHT-OF-WAY LIN~ O~ BRIARWOOD BOUbBVARD~
~Mg~CE ALONG THE EASTERLY LINGS 0¥ TRACT 'S' AND SAID R:GET-O~-~RY
LINE THE FOUR EOL~OWINO COURSES, SOUT~ 00'0B'22' WEST FOR 310.56
~EET, TO A POIHT OF CURVATURE~ TH~Nc~ &7.0% gERT ALONG T~E ARC O~
A CURVE TO T~g RIGHT, IN A ~OUT~gRLY DIRECTION, HAVING A RADIUS
DISTANCE OF 170.ee F~T, THROUGH A CENTRAL RNGL~ OF 15051'18', THE
CHORD OF WHICH B~ARS SOUTH 9S'04'13" WEST FOR A CHORD DISTANCE OF
%6.S9 ~T, TO A ~OZNT OF T&NG:NCYI THENCE SOUTH 1Se59'40" WEST
1%9.42 FK~T, TO A POINT OF CURVATURe= T~NC~ 69.18 FEET ALONG
ARC OF A CURVE TO T~ ~FT, IN A 80UTHERLY DIRECTION, ~AVING
RADIUS D~ST~HCE OF 250.~0 ~T THROUGH A CENTRAL RNGhE O~
15'51'18", THE CHORD OF W~IOH BEARS SOUTH 08*0~'e1' WEST FOR A
C~ORD DISTANCE O~ 66.96 ~E~T~ THENCH LEAVIng 8AID W~STERLY
OF-WAY LINg AND ALONG THE 80UTHERLY LINE~ O~ TRACT 'B' THE THREE
FOLLOWING COURSES, NORTH 45.ee'ee' W~ST FOR 9e.00 £BET; THENCE
~OUTH 77,ce'ce* WEST FOR 13e.ee FEETj THENCE NORTH 46'99'06" WEST'
~OR 235.ee FIST; THENCE ALONG THE EASTERLY LINEs OF DOVER PARC
COnDOMINIUm, PHASE FIVE, T~B FOUR FOLLOWING COURSES, NORTH
44DeB'es' EAST FOR 114.00 FEETI TBENCE NORTH %G.ee'eo" WEST FOR
NORTH 54'00'00' WEST FOR ~2.69 FEET; THgNC~ ALONG THE NORTHERLY
LINES OF TRACT 'B' THE TWO FOLLOWING COURSES, SOUTH ?s.00,0o' ~ABT
FOR ~e~.75 FEET~ THENCE NORTH 36'00'00" EAST FOR 120.88 FEET~
FBET~ THBRC~ SOUTH 89.~1'38' ~AST FOR aG.tS ~TO INTERSECT
~HE WESTERLY RIGHT-Of-WAY LIN~ O? BRIARWOOD BOUL~VARD~ TH~RC~ SOUTH
~e'ea'22" WEST, ALONG 8A/D RZOH?-O~-WRY LIN~, 22.eS FEET TO THE
EOZNT OF BEGiNNiNG.
CO~TAIHING 3.81 ACRES, ~ORB OR G~SS.
SUBJECT TO EASEHBHTS, R~STRI~TIONS AND RBflBRVATION8
IAUG041998 )
?;. _~
BUTLER
engineering,
16, 1997
COLLIER COUNTY
PUBLIC
OCT 20 P;~ 12:23
!
i'
Mr. John H. Boklt, P.E., P.S.M., ~r
:~301 Tmiami Trail East, Building 'TI"
R~. DOVER PLACE
Section 31, Township 4~S, Ittnle 16E
RECEIVED
iCJ ! ! m7
Botlw Ert~ifl~,4fing, Inc.
This ini'm'mafion .should allow ]tom' office to ~Gerit. e tho mcluir~ '"L~_~ of No
0bjec6oW' for rue w~t~ff~ eum~ v~o~
Please rmiew the attached materids and sisn the bottom of this letter ir'this meets your
Ii'you hav~ any questions, or need any flirth~' information, please do not
B~ ENGINEEIUNG, INC.
I hav~ no objeclioo to the ~ v~agon(s)
u described abow.
1~0-07.30
·
2223 TRADE CENTER WAY - NAPt.ES, FLORIDA 34109 - 941-M)6-36361 FAX M1-~327
COLLIER COUNTY GOVERNMENT
PUBUC WORKS
October 20, 1997
Ms. Debbie Beecrofl
2223 Trade Center Way
3301 E. TAMIAMI TRAIL
NAPLES, FI. ~34112
(941) 732-2575
FAX (941) 732-2526
Re: VscaIion of Collie/'Coun~ Utility ~a~t (CUE) wi.=hirt Dover Placo
This office has reviewed yo~ request to vacate the above referenced Collier County Utility Easement
(cts.
The Collier Connty Water-Sewer District has no facilities in the area and we, therefore, have no
objection to the vacation of the Collicr County Utility Easement (CUE).
Should you have say further questions, please feel ~ee to contact me.
Sino~ly,
Cindy M. 1~o
Public Works Senior Engineering Technician
Edward N. Finn, Public Works Openttiom Director
Michael Newman, Wtter Director
Russ MuUer, Trampormion Scrvkes
RECEIVED
AUG 0 4 1998
.i
~ COLU~ COUNTY C,O~
~vqY-~z7 ~
COMMUNITY DEVELOI:MENT AND
ENVIEONMENTAL SERVICES DI%'ISION
PLANNING SlmVlC~ $ DEPARTMENT
EN~f~NG RENEW SECTION
NORTH HOP.~ESH0~ DRIVE
NAI~-~-q. FLORIDA 34104
Cfm7 Bud=, P.~.
2223 Tmie Ce~= Way
N~I~ Flor~
~ ~.'m V~:afion Reques~
~Dovn-
R~vls~on ofL~r dat~ ~ 6, I~
you lu~ any qt ~iom, please comact me st ~,03-1471.
L,~ o.£.!
I~ III
~ L-2
L~ 0.£.!
PHV
T/L~T
T1~1' 0-2
.,,. R~)IO ROAD
~ o.£.!
( too' R/~)
AUG 0 & 1998
I,--4
COLLIER COUNTY FLORIDA
REQUEST FOR LEGAL ADVERTISING OF PUBLIC H~AkRINGS
To:. Clerk to the Boned: Please place the following am a:
(Displ~' Adv.. location, e~¢.)
Originating Dept/Div: Comm. DevSa-v./Phnn_/ng Person: Rick Gfigg
D~te: 6-30-95
Petition No. (I/none, g/ye brief description): AV 97-027
Petitioner:. (Nax~ & Addx~s): Dovtu' Place Inc. P.O. Box 8725 N~ples, Florida 33941
Name 8. Add.rems of any pexson(s) to be notified by Clerk's Office: (If tno'~ space is needed, attach sqxu'a~ dee0
The~ n.re no abutting owners within 250'.
I-l~tring before XXX BCC BZA Other
~Heaxtngda~: Augus~ 4. 1998 Basedon~aplx:afiagl'5~befotebeath~
Newspap~s) to be used: (Complete only ffimporr~m):
~ Text: (Indudc legal descrilxion & common location & size: PETITION AY 97-027 TO VACATE
TWO DRAINAGE EASEMENTS AND A COUNTY UTILITY EAS~ IN "DOVER PARC"
ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 61, PUBLIC
RECORDS OF COLLIER COUNTY, FLORIDA..
Companiou petition(s), if auy & proposed he~'ing dat~:
Does Petition Fee inc,hc, de___ ndvemsing cost? XXX Yes [] No l. fYes, what~stmuldbe~for
ad,mt~sing costs: 101-163610-649100
Antonio Trigs, PIS
President
A. TRIGO & ASSOCIATES, INC.
Professional Land Surve¥or~
2223 Trade Center Way
Naples, Florida 33942
LEGAL DESCRIPTION
(941) 594-8448
FAX (941) 594-0554
Description of a per=ion of a 15 foe= wide Collier County
Utility ~aselenC and being a parc of Trace 'B' and Tract 'C'
of DOVER PARC, as recorded in Pla= Seek 22, pages 6! and 62
of =he Public Records of Collier County, Florida and being
lore Particularly described by se=es and bounds as follows~
Collencing ac =he southeast corner of Tract 'C' as shown on
said pla= of DOVER PARC; =hence run SOe'O8'22'N along the
easterly boundary of Trace "B" a distance of 6.48 feet to the
POINT OF BEGINNING~
thence continue seo*os'22-w a dis=anco of 15.88 feet;
thence run N89'51'38'W a distance of 14e.34 feet;
thence run seo*es'22-w a distance of 308.e7 feet;
thence run 845oO8,22-W a distance of 47.69 feet;
thence run N89o51'38-W a distance of 22.96 fee=;
thence run seeees'22-N a distance of 16.94 feet;
thence run N89*51'38'W a distance of 15.OO feec~
thence run Fee*o8'22-E
a dis=anco of 16 94 feet;
~hence run N89o51'38-W a distance of 49123 feet;
thence run N22*O4'11'E a
distance of 16.17 feet;
thence run S89e51'38-E a distance of 74.e3 feet;
thence run N45008'22'E a distance of 35.26 feet;
thence run Nee*e8,22=g a distance of 542.18 fee~;
thence run N35*55'49"N a distance of 14.52 fee~,
thence run N72*oe'oo-w a distance of 132.23 feet~
thence run mle-ee'ee-g a distance of 15.ee feet;
thence run s72*ee'ee-g a distance of 137.12 feet;
~hence run S35.55:49=E a distance of 24.28 feet;
thence run see-os 22'# a distance of 238.28 feet
=hence run S89*51'38'g a d/stance of 14e.34 fee~ to the POINT
OF BEGINNING.
No. LS 2982
See page 2 of 2 for Sketch of Description
N~
iTC..
,AUG 0 & 1998
SKETCH
N.55'55'49'W.
14.52'
Troct Une /
OF
D SCRIPTION
S.89'51 '.38'F..
140.54'
N.89'51 '58'W.
140.54°
P.O.C.
Southeast comer
Tract "C', DOVER PARC
P.B. 22, Pge 61-62
S.00'08'22"W.
6.48'
~-'~S.00'08'2 'W
N.22'04'll'F_ S'89-51~.0-~'> ' S.45'08'22'W. ,
---'-' 4.7.69'
· -. --~ ~ N89'51
N 89 ' '" '
· '5~ ~ /i t--... 2.2.06
49.23 ' / I S.00'08'2~'w
N.00'08'~2'E -- I 16.~'~'
16.94 N. 89'51',$8'W.
NOT A ~ 15.00'
ASSOCIATES, INC. o~z. O~o~.-e. ss ~
~ ~ TAT ~ ~: AT
Antonio Trigo, PLS
Pr~ident
A. TRIGO &. ASSOCIATES, INC.
Professional Land Surveyors
2223 Trade Center Way
Naples, Florida 33942
(94 I) 594-84~
FAX (941) 594-0554
LEGAL DESCRZPTZOR
Description of a portion of a 15 foot wide Collier County
Drainage gaselent and being a part of Tract "B" of DOVBR PARC,
as recorded in Plat Book 22, pages 61 and 62 of the Public
Records oE Collier County, Florida and being more par~icularly
described by metes and bounds aa iollows~
Commencing at the northeast corner of Tract "B'. as shorn on
said plat of DOVER PARC~ thence run 80e'08'22"# along the
easterly boundary of Tract 'B' a distance of 8e.44 feet to the
POINT OF BBG~ZNG~
thence continue S00.O8O22-# a distance of 19.27 feets
thence run ~5~'58'32'W a distance of 106.86 feets
thence run trEST a distance of 146.64 feets
t~ence run NOR?H a distance of 15.O~ ieetl
· hencs run ~ABT a distance of 151.42 Eeet~
~hence run 550'58'32'E a distance of 1~O.~8 feet to the POINT
OF BB~XNRZ~G.
Prepared by
-A~icate No. L8 2982
See page 2 of 2 for Sketch of Description
AUGO4'FJ98 J
SKETCH OF
DESCRIPTION
TRACT "C"
Tract Line
P.O.C.
Northeast comer
/Tra~ 'B', DOVER PARC
P.B. 22. Pgs 61-62
0
0
TRACT "B"
NOTA SUEVNY
I s~mr~ ~ ~ ~
/
\~. ._ /~ ,
Antonio Trigo, PIS
President
A. TRICO & ASSOCIATES, INC.
Profe~ional Land Surveyor~
2223 Trade Center Way
Naples, Florida 33942
LECAL DESCRIPTION
(941) 594-8448
FAX (941} 594-0554
DescriptZon of a POrClon of a 15 foot wide Collier County
Drainage gaseaent and being a park o£ Tract 'C' of DOVER PARC,
as recorded in Plat Book 22, pages 61 and 62 of the Public
Records of Collier County, Florida and being Bore particular~y
described by Betes and bounds as
CoBBencing at the northeast corner of Tract 'L-2' as shown on
said plat of DOVER PARC~ thence run 812'11'43'N along the
easterly boundary of Tract 'L-2' a distance of 10.66 feet to
the POINT OF BEGINNING;
thence run #70'11'51"E a distance of 128.26 feet;
thence run N88'O7'O3"E a distance of 34.15 feet;
thence run S80'O0'41'E a distance of 116.46 feet~
thence run N41°lS'37'E a distance of 6.42 feet to a point on
the arc of a curve;
thence southeasterly 15.63 feet along the arc of a curve,
concave to the southwest, having a radius of 210.0o feet, a
central angle of e4-15'55- and being subtended by a chord which
bears S65o~e'29-E and a chord distance of 15.63 fee~
thence run 841°18'37"# a distance of 1~.24 faet~
thence run #80'00'41"# a distance of 123.33 Eeet~
thence run S88°07'03"~ a distance of ~0.23 feet~
thence run S70°11'51"# a distance of 127.27 feet~
thence run N12*ll'43"E a distance of 17.6~ feet to the POINT
OF BEGINNING.
Prepared by
/Ti~W~/d~ C§rtiflcate No. LS 2982
See page 2 of 2 for Sketch of Descript&on
AUG 0 4 1998
SIG TCH OF
DESCRIPTION
P.O.C.
Northeast corner
Tract "L-2", Briarwood Unit One
as shown on P.B. 22. Pgs 61-62
BRIARWOOD
+
BOULEVARD
S.12-11'43'W.
10.66'
N.12'11
17.69'
$.88%)7'03"W.
N. 41 '18'37E.
6.4.2' S.41'i 8'57'W.
19.24'
TRACT "C"
Curve number 1
Radius-- 210.00
Delta- 04'15'55'
Arc-, 15.6;5
Tangent,- 7,82
Chord= 15.6;3
Chord Brg. S.65'OO°29'F_
TRACT "L-2"
Briarwood IJnJt One
P.B. 18, Pgs 40-42
0 4~ 1998
I~T.S.
Ii.SI
I)RAINAG~ AN'D MA[NTKNANC£ i[ASE~V[EN'E
Tl~SE~~isgr~t~this~3~dayof ~~N~ ~ 1991tbyDover
p~, inc., a ~o~s ~mio~ "~toff', ~ B~ood Prop~y O~' Ass~o~ ~c., s
~o~ not-for-profi~ ~or~o~ and ~llier ~n~, a po~fic~ ~b~i~slon o~ Sm~
thor su~sors and assi~, ~
~REAS, ~tor is the o~er of ~n~n r~ prop~ lo~t~ in ~llier Count. Florida,
~ch is the subj~t offs ~em~nt; ~d
~~AS, Grmtor wishes ~o ~mt to ~tees a p~, non-exclusive ~ment for the
pu¢ose of dminege ~d mtenmce of dr~ge fsdlities.
NOW, ~~O~, in mn~d=sdon often Do~s ($10.~) ~d o~er good md v~uable
~d~fion p~d ~ ~tees, ~ r~ and ~ffi~ of vt~ is here~ nc~wl~g~, ~
~or hereby ~ sells ~d ~nv~s to ~s ~ e~t for ~n~go ~ ~m~ i~
o~ ~ ~ und~ the pro~ descfib~ ~ ~bit ~A" a~a~ hcr~o ~d ~orat~ h~.
1. ~e ~~t. rights ~d pfi~cges her~n ~ sh~i ~ p~em~.
~e ~em~. rights snd pfix~eges herein grated ~e non.~usiv~ ~d ~tor
rue~e~ ~d ret~n~ ~he fight to convey ri~ts and easements to such other per.ns ss ~ntor may
deem proper
3. ~tor r~n~ r~e~es ~d s~l co~t~ue to enjoy u~ of~ prop~y t~r any
ali pu~oses ~ch do not ink.ere ~, or pr~ent ~e u~ of, ~~' use of ~
core,ned h~ein.
4. Briarwood Pro~' O~s' ~socistio~ ~c. s~l have ~1 respo~biliti~ for
~int~nce of~e easemem ~ea. ~nd ~1 d~nag~ ffacilities io~
--'CORD & RETURN TO:.
NNIS. I.:ITCHELL, COCKEY,
-1-
Iff
AUG 0 & 1998
0R: 2398 PG: 1838
S. Collier Coumy sh~ll have r~o mainten~ce respons~ility for the easement ~-ea, nor for
the drainage t'acilitie~ Ioc, at~ thtr=in.
6. The easeag~ ~hall run with th~ lam[ ~d ~ insmm~ent shall be binding on, ~md shall
imu¢ to the benefit of, the sur. ce. ssori and assigns of the pretties lgzuto.
IN WIT~T. SS V~EOF, the Orautor has caused this ~e. rm to be =ugut~! the day ami
year rust above wrigen.
DOVER PLACE, INC., a Florida corporation
By. '
William :~pincili, Presi~
S'FATE OF FLORIDA
COb~TY OF COLL,.P,
The foregoing instrument was acknowledged before me this ',~- _d~Y of_ff~ ~
199g, ~ Willia~n Spinelli as Prudent ofDov~ PI~, Inc., a Honda ~ora~on. He is personally
~ identification,
~o~ to me or h~s produ~ --
My Coz~ssion Expires:
Commission Numbez
THIS INSTRUMENT PREPARED BY:
C. Perry Peoples. E~uire
Am,is, Mitchell, Cockey, Edwards & Roel'm, P.A.
8889 Pelican Bay Blvd, Suite 300
Naples, Florida 34
-2-
AUG 0 4 1998
Antonio Trigo, PLS
President
A. TRIGO & ASSOCIATES, INC.
Professional Land Surve¥ot~
2223 Trade Center Way
Naples, Florida 33942
(941) 594-8448
FAX (941} 594-0554
LEGAL DESCRIPTION
Description of a 15 foot wide Collier County Utility Easement
and being a part of Tract "B" of DOVER PARC, as recorded in
Plat Book 22, pages 61 and 62 of the Public Records of Collier
County, Florida and being more particularly described by metes
and bounds as follows=
Commencing at the northeast corner of Tract "B' as shown on
said plat of DOVER PARC~ thence run $Oe°O8'22'W along the
easterly boundary of Tract 'B' a distance of 95.47 feet~to the
POINT OF BEGINNING;
thence continue S e0'08'22" N a distance of 15.OO feets
thence run N 89°51'38" W a distance of 20.5e feets
thence run 8 eooe8'22" w a distance of 179.21 feet~
thence run N 75°24'36" W a distance of 173.56 feetto a point
On a curve~
thence northeas=erly along a curve to the Left with a radius
of 55.ee feet, & delta of 21°25'44', and a chord bearing
N 57'24'41' E 20.45 fee=, a distance of 2e.57 feets
thence run S 75'24'36' B a distance of 140.31 feet~
thence run N eeoes'22' E a distance of 174.85 feet~
=hence run S 89'51'38'E a distance of 35.50 fee~ to the POINT
OF BEGINNING.
Containing 5416.35:square feet
See page 2 of 2 for Sketch of Description
AUG 0 4,,1998
/'//
SKETCH OF DESCRIPTION
TRACT "C"
P.O.C.
Northeast comer
,T_ract 'B', DOVER PARC
P.B. 22, Pgs 61-62
Woc~ urge--'"'/TRACT
B"
/
/ ~ o
~ O
S. 89~1
X ! I~1 ~N. 89~1'~'~
~ ~ I i~1 I 20.50'
X .~1 I~1 I
20.4,5
NOTA ~
DATE : February 16, 1998
DRAWN BY: AT SCN.E:
SHEET 2 OF _2 FILE NO. g6
04
DI~TNAGE &ND M. AJ~TENANCE
t~pub~c Development ColOration of Ohio~-hc.~-a Florida ~~o% "~o~, to Bda~ood
~o~ ~' ~ation, Inc., ~ ~odda ~t-for-pro~t colorflo%
~lifi~l ~sion of ~e S~e of Flofid~ their ~¢ssors ~d ~si~ ~ ~tees.
~~, ~tor is ~e o~r of~n~n r~l pro~ locat~ in Co~ Coup, Flodd~
w~ch ~ ~e ~bject offs ~e~nt and
~~. ~tor ~shes to ~t to ~~ ~ p~, nen~:clusive e~mm~ for ~he
NOW, ~O~, in co~derafion ofT~ Dol~s ($10.00) ~ o~er good ~d vflusble
~d~fi~ p~d ~ ~~ the re~ ~d mfficien~ of whi~ is her~ a~owI~ged,
o~ over ~ und~ ~e pmp~ d~bed ~ ~it ~A" a~ached h~o ~d ~co~omt~ h~n
1. ~e e~m, rights ~d pfi~ieges h~ ~ ~ b~ ~usl.
2, ~e eas~en~, fights ~ pd~leges herein ~ted
rescues and re~ns the fight m ~nv~ rights and e~cments to ~h o~ persons as ~tor
d~ prop~.
3. ~mr r~gm., re~es ~d ~gl continue to ~oy
all p~ses w~ch do nm ~teff~e ~, or preyer ~ use oR
~m~n~ h~ein.
4, Bd~o~ Prope~ ~s' ~cia~o~ ~. s~ have ~1 responsib~fies for
m~en~ or,he ~semmt ~ and all dr~ag~ fac~ifies locat~ ~rein.
ECORD ~, RETURN TO:
IkOn. [."TCHELL, COCKEY, EDWARC~ & ROEHN
-1-
AUG 0 4 1998
OR: 2398 PG: 18 2
Collier County shall have no rraintenanc~ responsBility for the easement ar~ nor for
the drainage ~itics lo~t~ Lhcrcin.
6. The e~sernent shall run with the Ir. nd and this instrument shall be binding on, and shall
inure to the benefit of, the successors And usigns of the panics hereto.
TN WITNESS WH~REO:F, the Orantor h~ c~used thLs Euemem to be executed the day and
year :'u-st above written.
REPUBLIC DEVELOPM:ENI' CORPORAl:iON
OF OHIO, ]:NC., a Flori~ corporation
COb..'NTY OF ._~ ....
My Commission Exp~es:
Printed Name of Notary Public
Commission Number
TI[IS INSTRUMENT PREPARED
C Perry. Peoples, Esquire
.Annis, Mitchell, Cockey, Edwards & P,.oehn, P.A.
it889 pelican Bay Blvd., Suite 300
Naples, Florida 34108
-2-
AUG 0 ~ 1998
Antonio Trigo, PLS
President
A. TRICO & ASSOCIATES, INC.
Professional Land Surveyors
2223 Trade Center Way
Naples, Florida 33941l
OR: 2398 PO: 1843
(941) 594-8448
FAX (941)594-0554
LEGAL DESCRIPTION
Description of a 15 foot wide Collier County Utility Easement
and being a part of Tract 'C" of DOVER PARC, as recorded in
Plat Book 22, pages 61 and 62 of the Public Records of Collier
County, Florida and being more particularly described by metes
and bounds as follows=
Commencing at the southeast corner of Tract 'C' as shown on'
said plak of DOVER PARC~ thence run N 00*08'22' W along the
easterly boundary of Tract 'C' a distance of 254.68 feet~
thence along a curve to the Lift with a radius of 210.OO fee=,
a delta of 61'26'44', and a chord bearing N 30'35'00' # 214.57
feet, a distance of 225.21 feet to the POINT OF BEGINNING~
thence run S 77'22'19" W a distance of 103.14 feet~
thence run S O0'08'22" W a distance of 90.03 fee=~
thence run S 15'38'24" W a distance of 126.27 feet to a point
on the arc of a curve;
thence westerly along a curve to the Left with a radius of
lee.es feet, a delta of 68'36'O9", and a chord bearing
N 74'21'54" # 15.OO fee=, a distance of 15.01 fee=~
thence run N 15'38'24' E a distance of 118.23 fee=~
thence run N 00'08'22" B a distance of 99.97 fee=~
thence run N 77'22'19' R a distance of 95.92 fee= =o a point
on the arc of a curve and the northeasterly boundary of said
Tract 'C'~
=hence southeas~gr~y along a curve to the Right with a radius
of 210.00 fee=~ delta of 06'39'O6', and a chord bearing
S 64'37'56' E 24.37 feet, a distance of 24.38 fee= to the
POINT..OF ,BEGINNING.
See page 2 of 2 for Sketch of Description
SKETCH OF 'DESCRIPTION
Truant., Z52
Choc~ 15~ 00
Ct, mt ~ N. 74~F54~.
~lq:~CT "C'
TrQct Uqe
TRACT 'B"
C~r~ numb4m $
R odiu~,, 210~ 00
Delta., 06~39'06°
Arc-- 24.38
Tongent,. I2.20
Chord.. 24.37
Rodlu~,, 210.00
Detto-- 61~6'44°
Arc- 225~21
Tongen t- 12 4.~0
Chord- 214.57
Chord Br~ N.30'35'OO'W.
P.O.C.
Southeast comer
Tract "C", DOVER PARC
P.B. 22, Pgs 61-62
NOTA ~
DATE : February 16, 1998
DRAWN BY: AT ~ r': N.T/~G 0 4
SHEEr 2 OF 2,, fiLE NO. 96 '
IICOIDEi) in OI*t*IC~AL IICOID$ o! COLL~n C01Jrff, FL
BII. Ai~X~) ?IOI'IFFT GrilLS ISSO
2921 AIlOLD
COt*ilS
IS.SO
.71
AUG 0 4 1998
OR: 2432 1'~: 1718
AUG 0 4 1998
SKETCH OF DESCRIPTION
Loke Drainage Eo~ement
Curve number 1
Rocllus., 210.00
04 ~29'45
16.48
Tong~n t~ &24
Chord= 16.47 Br~
P.O.C.
Southeast comer
Tract "C'. DOVER PARC
P.B. 22, P~s 61-62
To, gent- 13~ 40
Ct~rd Br~ N.31'4I'57~,
1) P.O.C. ~ Point of P.,m'amml~xment
2) P.O.8. indlootam Point of 8eaklning
Antonio Trigo, PSM
~t
A. TRIGO & ASSOCIATES, INC.
Profe~to~ ~ Surveyors
2223 Tr',ute Center Way
Naple,, Florida 34109
OR: 2432 PG: 1720
(941) s94-8448
FAX (941) 594.O554
LEGAL DESCRIPTION
15' Wide Temporary Drainage Easement
Deacriptlgn of a 15 foot wide Temporary Drainage Easement,
being a part of Trac~
Plat Book 22, pages 61 and 62 of the Public Records of Collier
County, ~lorida and being more particularly described by letes
and bounds as
Commencing at the southeast corner of Tract 'C' as shown on
said plat of DOVER PARC~ thence run N oeo08,22- W along the
ematerly boundary of Tract 'C' a distance of 254.68 feet~
thence along a curve to the Left with a radius of 210.00 feet,
a delta of 63'40'38', and a chord bearing N 31o41'57' N 221.56
feet, a distance of 233.39 feet to the POINT OF BEGINNING;
thence run S 48'37'54' W along a non-radial line a distance
of 105.54 feet;
thence run # 84°51'14- W adistance of 206.37 feet to a point
on the easterly line of Tract 'L-2', Briarwood Unit One~
thence run N 12'11'43' W a distanCe of 15.11 feet~
thence run S 84'51'14' E a distance of 198.67 feetl
thence run N 48°37'54' E along a non-r~dial line a distance
of 92.28 fe~t to a point on the arc of a curve and the
northeasterly boundary of laid Tract "C"~
thence southeasterly along a curve to the Right with a radius
of 210.OO feet, a delta of 0¢'29'45', and a chord bearing
S 65'47'O9' ~ 16.47 feet, a distance of 16.48 feet to the
"POINT OE BEGINNING.
Containing 4518.33 square feet
2982
See page 2 of 2 for Sketch of Description
NO. ~
AUG 0 4 1998
pg.
0
0
0
c r-
BOARD OF
COUNTY COMMISSIONERS
COLLIER COUNTY
NAPLES, FLORIDA 33962
RECEIVED FROMEOTal pa]as at. B~:ia~'~oodt Zac. ,.
ADDRESS P.O. Box 872.5
DATE 11/3
,19 97 CHECKNO. 1167
DESCRIPTION ?acattoa A~r 97-027
101
INVOICE NO.
COST CENTER
163610
329100
CUSTOMER COPY
LE'ITER OF AUTHORIZATION
Section $1, Tow~ip 4~9, Range
To Whom It May Coaca~
Pleue be advised that BGtier En{ineerin{, vet. bas {x~cn ofGcll~ cU~Ged to serve as
Engioeer ~Aeco~ in the pcmd~ process for the subject project. ]. C.m~Butler of Butler
~n8, inc. is ha~ ~J~)dzed to ec~ u ~,u f~r thc ov,'n~s).
AUG 0 &l ~..~.....'19
J.l~4
u/. ~N nA~
)OVER
OR
4
REPUBLIC DEV..CORI~!:O~:'OHIO
3150 N RE-PUBLIC 'BL:V:D 'STE'2
15
..'~wS
T OL£ D.O O~ '436 ,'J. 4..
'. ;~,.. .,:
0000030000001008 0000571~q7 0.'300,~00C._'0C 003C.'0
~lSZ S~oE FOIl P, JImB NFOIIMATION TH~ A~.A FO~ TAX COLLECTOR'S OF~C~ L~E ONLY
AUG 0 4 1998
Pa. ~"'~ -.__.
o]
Ap.
.m
s~m~l., rrA~
932.40 m:HO~X.LOC..
202 WA~ m'~.
5.,
~.7~A.~7
PORTIONS OF I
DESC IN OR
C0ORTIKXJ~ ~- ~ C'1
~, FI.0mDA 34112-4617
:1
?l 00000~0000000850 0000571~97 0000000000 O000O
j mmsm~mFO, Rmms~ Tm A~ F~ TA~ Cmucttrt OmCE m ONLY
· :'::. ~,':, .'-:T'.
"': ; ' ·; ~" "" ' 1 7~
DOVER PLAC~ INC.
Date: 11-21-1997 Check No.: 001016
Paid To: COLLIER COUNTY l~X CULLEC'TUR
Amount: S54c20.21
1016
REAL ESIA1E
fAXES
I RE.~L~ON NO. 98-
2
RESOLUTION FOP, PETITION AV 97-027 PETITION TO VACATE TWO DRAINAGE
EASEM~'NTS AND A COUNTY UTILITY EASEMENT IN "DOVER PARC" ACCORDING
TO THE PLAT THEREOF RECORDED IN PLAT BOOK 22, PAGE 61, PUBLIC RF~O~
OF COLLIER COUNTY, FLORIDA.
7
$
9
I0
I!
12
13
14
If
16
17
II
19
20
21
22
23
24
25
26
WHEREAS, pursuant to section 177.101, Florida Sum_._~, Gary Butler, P.E. of Bmier
I:_-~needng, Inc. as agent for the petitioner, Dover Place, Inc., does hereby request the
vacation of two draiz~e easements and a county utility easement in 'Dover Parc", and
WHEREAS, the Board has this day held a public l~ntring to consider _ _v~'~n~_ said
easemen~ as more fully d~scribed below, and notice of said public hearing to ~ was gh, en
rec~re~ by ia'v; and
WHEREAS, the granting of the vacation will tort adversely affect fl~e ownership or tight
of convert/cra access of other property owners.
NOW, THEREFORE, BE IT RESOLVED BY 'fEE BOARD OF COUNTY
COM)~ISSIONERS OF COLLIER COUNTY, FLORIDA, that the following be and is hereby
vaea~:
See Exhibit "A' ~,~hed her~-to aud incotporat~t ~
BE IT FURTI~ER RESOLVED, that the Cleft: is hereby directed to recxaxl a certified
copy of this Re~olmion in the Pt.blic Records of Collier County, Florida, and to mnl~ proper
nora:ion of _tL--tse__ v'.?~ons on the ru:orded pbtt as ref~i~uced above.
27 DATED:
ATTEST:
This resolution adopted after motion, second and majority vote favoring
29 DWIGHT E. BROCK, Clerk
3O
BOARDOFCOUNTYCOMMIS~ONERS
31
COLLIERCOUNTY, FLORIDA
32 Approved ~ to form
legal sufficiency:
H¢idi F. Ashton
By:.
AUG 0 4 1998
Antonio Trite, PLS
Preddent
A. TRIGO & ASSOCIATES, INC.
_. Professional Land Surveyors..
2223 Trade Center Way
Naple,, Florida 33942
LEOAL DESCRIPTION
~v '~'7-OZ"/
(941) 594-8448
FAX (941) 5940554
Description of a portion of a 15 foot vide Collier County
Utility Easenent and being a part of Tract 'B' and Tract
of DOVER PARC, as recorded in Plat Book 22, pages 61 and 62
of the Public Records of Collier County, Florida and be1 . _
mo~e~ t~ular , ·
-. .... ' ' . . [, , r'~:,' .-
along the
easterly boundary of Tract "B" a distance of 6.48 feet ~o ~he
POINT OF BEGINNING;
thence continue see*es'22-# a distance of 15.es
thence run 189'51'38'# a distance cE 140.34 feet;
thence, run.-SOe*O8'22*N a distance of 308.07 feet;
thence run 846,e8'22-# a distance o~ 47.69 feet~
thence run N89'5~'38'W a distance of ~2.06 feet;
thence run see*e8'22-# a distance of 16.94 feet;
thence run N89051'38'W a distance of ts.es feet;
thence run NOOe08'22'E a distance of 16.94 feet;
thence run H89'Sl'38'W a distance of 49.23 feet;
thence curt N45*eB'22"g a distance of 35.26 ~eet~
thence ~ lee-e~'22-1 a distance of 542.18
thence run N35*55'4~"# a distance of 14.52
thence run 172oeo'oo-# a distance o~ 132.23
thence.run 118*Oe'OO"l a distance of 1s.eo feet;
thence run 872'O0'O0"B a distance of 137.12 feet;
thence rua 835055'49"E a distance o~ 24.28 feet;
thence run 8OOo08'22-# a distance of 230.20 ~eet
thence run f189*§l'38'E a d~stance of 14e 34 feet to the
OF BEGINNIlG. '
~ ~r/F~o ~.L.s.
/rx~)T~d~CerClflcate ~o. LS 2982
5ce page 2 of 2 for
Sketch
of Description
/'7C.
AUG 0 ~: 1998
SI~TCH OF DESCRIPTION ~,,.,,e,~- ~ '
N.55~5'49'W.
14.52'
Tract Une
Z
S.89'51 '38"E.
P.O.C.
Southeast comer
Tract 'C', DOVER PARC
P.B. 22, Pgs 61-62
-' 6.48'
N.89'51'58'W.
140.54'
._~ts. oo'os'2.~"w.
15.00
.<
N.22'O4'll"E. . 74.05 /J-----~' 47.69 16.17' '"--/ ~. , ~ N.e9"51'_3~"W.
' 16.~' N.Sg~1'~W.
A ~ ~5.~
L ~~,A. TRIGO &: ASSOCIATES, INC.
~ ~ TB~ cB3rl~ WAY
DATE: Octc,t~ 8, I
DRAWN BY: 'AT ~'T~4 ~
Antonio Trigs,
President
A. TRIGS & ASSOCIATES, INC.
Professional Land 5urveTors
2223 Trade Center Way
Naples, Florida 33942
(941) 594-8448
FAX (941) 594-0554
L~BGJLT., DBSCRIPTIOB
g esc. tipt~on of a portion of a 2.5 foo~: vide Co11Ler Count. q~
ra3J~ge laseaent and be:L~ · bLt:l; O~-~r--,~t -.n- ~ ~~~_
is r~e~ded la flat Book 22; ~aeei:g~'?'ud ~6'~.."~_~2~'~'.
aescrg~a Dy Betas and bounds es follows, ..... ~~-
Commencing at the northeast corner of Tract °B" ·s shown :61~
s·ld pla~ of DOVER PARC; thence run S~008'220N ·long the.
easterly boundary of Tract 'B' a distance of 80.44 feet ~-
· OZIT 0l Olgll~llG; i
thence continu3soe*es'22-v· dfstance of 19.27 £eatj ~-'~°*
thence run 150'S8'32'# a dis~·nce of ZO6.86 feet;
thence run UEST a distance of 146.64 feet;
thence run BORTH a distance of 15.OO feet;
thence run BAST a distance of 1S1.42 feet;
thence run 850'58'32'B · distance of 1SO.e8 feet to the ~OIlT
~Jq~J~a~ CertL~lcate Ilo. L8 2982
See page 2 of 2 for Sketch of Description
":'AUG 0 4'1998
4
SKETCH OF
DESCRIPTION
TRACT "C"
Tract Line
TRACT "B"
P.O.C.
Northeast comer
Tract 'B', DOVER PARC
P.B. 22, Pgs 61-62
0
0
01
NOTA ~
~. TRIGO & ASSOCIATES, INC.
~ TRAlYf ~EHTER WAY
Ag.~.~ 4 1998
Antonio Trigo, PLS
President
A. TRIGO & ASSOCIATES, INC.
Profeuioaal Land S~ry.eyors..
2223 Trade Center Way
Naplc~, Florida 33942
LEGAL DESCRIPTION
(941) 594.8448
FAX (941) 5940554
Description of a portion of a 15 foot wide Collier County
Drainage Basement and being a part of Tract
as recorded in Plat Book 22, pages 61 end 62 of the Publt
descL"lhd'~b¥ heres and bounds
CoBuencing at the northeast corner of Tract "L-2' as sho~ on
said pla~ o~ DOVER PARC~ thence run S~2'~'43"~ along the .
eas=erly bounda~ of Trac= "L-2" a dis=ante of 10.66 lee~
=he ~OIIT OF
=hence.run 17%°11'51"B a dish.ce of 120.26 ~ee=~ "
· henco.~n 188'O7 O3"B a dish.ce of 34.15 fee=;
thence run 88e*eo'41'E a distance of 116.46 feet;
thence run H41*lS'37'E a distance of 6.42 feet to a point on
the arc of a curve~
thence southiasterly 15.63 feet along the arc of a curve,
concave to the southwest, having a radius of 210.O0 feet, &..
centr,?l angle of e4015'$5' and being subtended by a
thehc~"~'g~iti-f141°la'3?'W l'"dtstance of 19.24 feet~ .-T-,.~.-.~,.~..
thence gun B80*oo'41'# a distance of 123,33 feet;
thence run 588oO7'O3'W a distance of 30.23 feet~
thence run 87e*11'51'# a distance of 127.27 feet~
thence ~un B12°11'43'B a distance of 17.69 feet to the POZIT..
OF BBGZ~ZIG.
Prepared by
~~o ~.~.8.
/TI~ Cqrtificate No. LS 2982
see page 2 of 2 for Sketch of Description
AUG 0 4 JO8
SKETCH OF
DESCRIPTION
P.O.C.
Northeast comer
Tract "L-2', 8Harwood Unit One
as shown on P.B. 22, Pgs 61-62
BRIARWOOD
BOULEVARD
S.12'11'43'w.
10.66'
N.12'11 '45'F_
17.69'
$.88'07'03't'/.
N.41'18'57E. S.41'18'37'W.
6.42' 19.24'
TRACT . C"
Curve number 1
Radius= 210.00
Delta= 04'15'55'
Arc= 15.63
Tangent= 7.82
Chord= 15.63
Chord Brg. S.65'00'29'E.
TRACT "L-2"
Briarwood Unit One
P.B. 18, Pgs 40-42
1) P.O.C. ~ Point
2) P.O~ ~ Pealt
XECUTrVE SVtVmt Y
PEITI1ON AV 98-007 TO DISCLAIM, RENO~CE AND VACATE THE PUBLIC'S INTEREST IN
THE REMAINING PORTION OF A 60' WIDE AND 30' WIDE ROAD RIGHT OF WAY, UTILITY AND
DRAINAGE EASEMENT LOCATED IN SECTION 25, TOWNS~ 48 SOUTH, RANGE 25 ~,
COLLIER COUNTY, FLORIDA.
~a~,~J~: To approve Pet/t/on AV 98-007 and to ~xcc~rto a Quit Claim D~ to vacat~ th~ alxn~
d~cribod easement.
CONSIDERATIONS: Petition AV 98-007 has been received by the Ttansporlmion ~ from
Frederick T. Barber 1~ P.E. of Ag~oli, Barber and Brundage, Inc., as agent for the p~titioner, J.D.
easeme~ that was dedicau~ to Collier County by Offic~ ~ Book 454, Pa~ 219, Public Record~ of
~ Coumy, Florida. A portkm of this easemeat was previously vacated by P. esolufiom 92-443. Th~
Petitioner owns all of thc proper~ on thc north a~d so~th sid~ oftl~ easemem rcque~:d to be vatat~ This
vacation will ~ the public bccat~ the eazean~ is mrrcmly inaccessible. ~ of no objection hav~
objection. Zoning is P.U.D.
will be depozited in Road and Bridge Fund (I01-163610). This fee covers advertising, mcordl,~ and other
GROWTH MANA~EMEblT ~d~PA~: None
~RECOM2M~NDATION: Tlmt the Boazd of County ~io~r~:
1. ,lq~ro~ Petition AV 984)07 for tl~ vacation of thc ~bcd caz~mm~
PREPARED BY: l:Z,._~,_
Rick ~ Land Surveyor
REVIEWED BY:__
Thomas E. Kuck, P.E.,
REVIEWED BY:~~.~,~~.___.__..__
P~lz~ ?rvic~s Dep~ D~r
'Vinci{ i. ~, AICP, Adrni.i~r
DATE: _'~///.~
DATE
AUG 0 4 '1998
ATTACHMENT A
PETITION FORM FOR VACATION OF
ROAD RIGHT$-OF-i{A¥$
Date Received: ~-~.~:~ Petition #:~
Petitioner: 3.D. NJce,,onder, Carol~,n~ Nice,,onder '
Address: 7~-R R~,,,; F~.~ ~d ~elephone:..~9~79
City/State: Br~_q~;. VA Zip C~8:24201
Agent:. Fr.Harf~ T. ~rhmr [rt. P.f./Aonn1~. Rather ~ B~ndage, ~nc.
Address: ~xnn r..~..~ Tr_ a . ~,,~r~ ?~ - Telephone:
City/State: ~.p~.=. r~. Zip Code: 3ai08
Road Name:
~catton: Section ~ Township aa Range
Legal Description: ,,Offlctal Record ~ok asa, PaRe 229
Plat Book Page(s)
Reason for Re.est: n~ver fm~rnved.
~rrent Zoning:. ~m Does this affect denote?
I Hereby ~ut~orize agent above to Represent Me for th~s
~a~ure of Petitioner Date
J.D. N~cewonder ''addJtJona] s~naturea O~ner
Print Name belo~ (Title)
Please see "Policy and Procedure of Vacation and Annulment" for the
list of supportive materials which must accompany this petition,
and deliver or mail to:
*(1)
¢4)
Transportation Services
Collier County Government Complex
Naples, FL 33962
Telephone: (941) 774-8494
If applicant is a land trust, indicate the name of
beneficiaries.
If applicant is a corporation other than a public
corporation, indicate the name of officers and ma~or
stockholders.
If applicant is a partnership, limited partnership or other
business entity, indicate the name of principals.
Li:~;t all other owners.
· Sherry MJce',,x)nder, Mark D. fftcewonder, and Jay D. M:Zcc~,onder, Jr.
Sherry ~J~ond~, ~r- Da~e
Hark D. NJ cm,onder, CArnet
... 0135756~, ~ FE0 -e mSS.'3
C.%L?'fl ~ ' ' '"
,,..C;J.~, ¥ RECG~tOED
J.D. RICZI~i~ER. Trustee. and
~..Oaniel £ Conle7
5~00 Trail Blvd
Florida 33963
w gO. ~rlu~r=
R*:C~ Pe~ Exhtbtt "k"
LK~..x~a~<~~'~M~'~'.C)<b ' aCt.ched hereto and made d part hereoE
I~,
IND ,. _ ~ ~ eaee~ncs, reocr~cCLone and other cese~actons
o~ teco~d, and :ea~ eicdtea Cn~3 ~or ~990 ae~ i~sequenc
1yuts. Fu:cher sub~ecc co that certain ~rtgage tn ~avor
og ~th J. T~e dated ~cobec X~. ~9~, and recorded ~n
~XXtet ~cy, FXo::~n, ~tch Note and ~ccgage grantee
~eb7 siam and a&rees co pay tn ~ccordance vtth the
rem chereo~.
AUG 0
T~o parcels v~c~in t~e ~o~hoesc ~/~ o~ the !:orchvesc Z/~ n~ Section
2~, ~c~ne~ip &8 $.uch, P~n~e 2~ £zsc. Co~,tc~ ~ounc~, F~or£dd, end
bein~ ~ocaced and described as
The Point of Beginning is located at: From the Northveet corner of
the ~orcbvesc l/& of the Northwest Iii of said Section 25, South
01'30' Mst, for i distance of 100 feet; thence North 89'15' Mst,
fo~ · distance of 663 feet co the Point of Sell.hind.
That ares vichin the boundary described by be~innins
f~o~ the said Point of Beg£nning, thence ~orth 89'15'
E~sC, for a distance of 663 feets thence South 0lo30'
~msc, for a d£scance of 58&.82 feet; thence South
89°15, Vest, for a distance of 665 feets thence North
01'30' Vest, lot a distance of 58&.82 feet co the Point
of Be[innin~.
PARC~ NI~B£R T$~O
The ?sine o~ ee6£nnin~ is located aC: From tho ~orchvost corner o~
the Northwest 1/& of' .he Northwest fl& of said Section 2~, South
0t*30' ~st, for & dist~nc~ of 7&1.82 fea~ thenc~ ~orth $9'15'
East, for a ~istance of 904 ~eet to the Point of Be&inn£n[.
T~t irma vtthin ~he bmmd~ry described by
from the said Fo/n~ o~ Belinnin&, thence ~orch
~SC, for · dilc~nce of ill feet: c~ce ~ch 01030'
hsd, [or a distance o~ 5S~.82 ~ee~ ch~ce ~h 89'15'
Ves~, for a distance of 211 ~eec~ thence
~emc, for i dimcence o~ 53~.82 feeC Co the Point of
EXHIBIT 'A" TO ',,,I'ARRANT~ DEED DATED
AUG 0 i 1998
OLLIER COUItT¥ ~E.':.O~CEO O~ E~OO~
~ARRANT~ DEED
THIS DEED. made this ~ day of Mov~m~r 0 19 90
C~R~8 R. ~~, also known If CHARL~ R. ~'~S, ~:.,
a single ~rson, and
u~e address is: 10801 8ryarc ~oad, Napl~,. Florida 33942
g~antor, ~
dAY D. NICLldOtr~Ei~. dR.. social security
m~rity n~r ~-GO-?~, 8H~XY NIC~9, m~ia%
u~rity n~r ~, and
~tal s~rtty n~r~,
grantee, whose address is: P.O. ~ox 430, Clintwood, Virginia
2422a
brITltT~SETH. That said grantor, for aha in consideration of
$10.00 end other good and valuable consideration to said grantor
in hand I~td by the grantee, the r~eipt whereof is hereb~
and the grantee's heirs and ~saiVns, forever, the foll~ing
des~i~ pro~rty l~ated in Collier County, Florida,
a~ s~id 9r~ntor d~s h~r,by fully warrant th, title to s~id 1,nd
PASE
in %Tssence of: (2 witnesses
aa CI~RbgS R. STEVl~S, SE.
~rATH OF Florid~
I ~BY CKRTI~ that on thie day, ~fore ~e, an officer
~ly ~alified to take acknowledgaents, ~rmon~lly
to ~ the ~rmon In and who exe~t~ the [or~oin~ instrument and
hey ac~l~ged ~fore me that he executed the same.
~l~S ~ hand and o!iicial s~al in th~ C~ty and State
lut atorematd on thtm the 16~h day o 1990
THXf XN~-[-k~ PREPARED BY:
PIFILZ2 ~,. HAP. Iv.TON, &T'I','JRNL"Y AT
4099 Ta~tami Trail North, Suite 307
Naplew, Florida 33940 (eh. 833-434-6650}
-~~ON ~LY VZ~O,~ B~EFIT or
~ZNAT%O~ OR OPINION
- PAGE
· OR BO0~
COUN~ O~ ~hl 1
Z ~tsv C~TZ~ ZhiZ on ~h~. da~, ~ore ~, ~n otti~r
~~, ~o ~ ~ to ~ ~he ~rion tn i~d ~ ~t~
tor~o~ ~Z~Z i~ .he 4e~n~l~g~ ~tore N ~1~
I~' ~ C~ liN.
PHXLX~L. H~XL~
-2-
AUG 0 ~ 1998
· Pla.,,
TmmehlD 48 South, R·nja 35 ~ast, Collier County, Floridm,
mhd belaq described ·m fo~l~e:
T~ ~OI~fOF B~I~I~ is locmted
o~ ~e ~ 1/4 o~ the ~ 1/4 of e~id ~t~
f~ m distance of 744.~2 g~t~
dlltan~ of 693 fem~, to the ~OF
That area vithin the boundary deacribed by b~i~i~g from
t~e said ~OINT OF BEOI~NING, thenc~ N 19 1S E, for a
diet·nfl of 211.0 feet {thil I/ne ts ~ ~te~in o~ the 693
feet distance a~e deecri~)~ t~ I O1 30' E, for a
o~ 211.9 fee~: ~hence H 01 30' ~, for a distal· o~ 614.~2
ZY~'I~X~J th·re,rcm the #cr°.l. 30 feet of amid describld
pro~rty to be reserved ·a · ~ight-of-#my or access
f~BJZCT to eeee~nt·, raetr~ct~ono, end rasaryationo
of record and reel estate taxes for 1990.
0011~86 00~300
~1:" O~ BOOK P~GE
unr~o:d~ ~ast ~re~n~ ~ted J~ne 1, I~B~, v%tn ~UAA p
tN~
~o rty herein desc~/~, purs~at to the p~ovisLons o~ r.S.
~ ~to en~r or to othe~lse ~nage and disuse of the real
~ ~ and whole
ca lle4
bere/~fte~
......,..,,at gra.tor, fo, and l.n
of ~he s~- of ~ DOLLA~ and othe~ ~.oo~ . and_
:~fi~ uu~ the grantee, a~A t~t ceruLn ~.n~ -----*- -
,/er ~nty, rlorL~,
k pa~l st land locat~ in the ~rth~st
Xo~st ~ ol Se~loa 25, T~sh/p 40 South~ hngo 25
hot, ~ll/e~ County, Flor/~, descried aw
· r~ ~e Wort~st cor~e~ of the ~rt~st [ ol the
kr~st t of said Section 2S, run S~th O1 d~=eeo 30
dinutes hit ~or 744,82 feet~ thence Sou~h 89 d~rees
minutes hot ~or ~04 feet to the ~int of ~inning of
~innl~ go ~th 19 d~r~s IS ~es hot for XOS.S
t~t trail 1Las lo an ~t~5~ of ~e 904 ~ee~
a~ve dewcri~)l th~ ~ O0 d~re~ 45
west asr Sl4.12 feet to the ~int of ~g/nning.
~ with a11 the tenants, her~/t~ents sod
)urteflaocel thereto ~loflging or iff an~Lse a~er~LflLng-
~ n~ ~ ~ ~ the erie ia gte sidle for~er.
the grantor haw g~d righ~ and la~ul alacrity to sell and c~y
laid laad~ ~hat the gran~r h~o~ fully varrants the t/tie to
said land a~ v~ll defend t~e sa~ against ~e la~ul cXai~
ex.pt taxes acc=ling subs~uefl~ to ~c~= 31,
~es~rAc~s, ~ese~va~ofls afl~ easmn~o o~ ~eco~d.
~ ~ ~, ~be ,a~d g~aa~o~ has signed and
,~ ~e ~esen~o ~he ~y and yea~ ~L~o~ a~e
Signe~, sealed and delivered
001~86 902301
"'" OR BOOK PAGE
duly author~z~ la the 3~ate a~orJ~ald and ~fl the ~flty a~oresaid
to ~ke acknovl~ente, pers~aLly app~r~ Ro~ft ~. ~'!ckery, ~o
~ kn~ to ~ the perso~ ~lcr~ ~n lad wh~ exe~ the
for~ol~ lnntr~nt a~ ac~ledg~ ~oro me t~t ho exe~&~
the I~.
_ WITlt~S ny hand and o£glcial seal in the County and
State la.;L a£oresa/d this ~1~ day of _-.Jewnber , 1989.
Tr. 12
,JZ~tltT R. EJ)DEW an4 VATWtr
~ J.D. MICD*I)ID~It, as Truste~ ender an unrecorded Land Trust lltre~lment
~.,~,,, m.., ,4~ ,4~,,, ~,P.O. ~oz &30. CXint~ood. VirRinta 24228
]H~{~. ~ ~. ~ ~-c~~ ~ ~a Ten and no/l~ (S10.~)
· ~emmme~ e,
~ ~parceX ol land 17~, tn th. ~, aZ the ~, of ~tion 25. To.ship 48 ~.
flit 25 ~t, ~iX/er ~UntT, Florida, ~re particularly de~rX~d as follow:
~ ~ t~ ~3rth~t corner of the ~ of the ~t o~ ~td ~tton 25, Sou~ 01* ~'
~ ~ .) z~t to t~ ~X~ OF B~ING; t~Ke Worth ~'15' ~C for a d~nce ~ ~
af 105.5 iNt (~tJ li~ is in ezt~ion of t~ 1~.5 i.C dis~nce d~ri~d
~ ~e); ~e ~ 0''~' ~t for I d~MKe of ~.82 f.t; theKe ~th ~'15' ~ ~
V~c f~ a diane of 105.5 f~t; t~e Wor~ 01'~' ~c. ~or a d~ of 0 ~
~ ~ wM s~ rutr~M~ of r~ord, mM TuX pro~rcy ~m for l~ ~
~d ~ne ~ brmb7 ~flfmrred on t~ ~ntff~ c~ ~r and auChortC7 etth~ to
~o~c, ~e ~ to ~XX, er co 1~, or co eflcm~, or och~ to ~le and
db~ of ~ r~X pro~rty d~ bretn,
~ g~ a~ VATWE
(mX)a*
.·o·
A~dOJ rJ~M
AUG 0 4 1998
Po.
~lcrkm J~. 2 (Print rem bul~)
Schedule - (ConUnu~
Parcel B: _.._
Aa area 2F~og La ~be Im 1/4 of the I~ X/4 of
~ ..... ~ ~ ~4 of ~ ~ ~4 o~ sold
,__~.33, I 01 30 E, for · dlsto~ o
AUG 0 A 1998
AUG 4 1998
Attachment F
LLst of abutting and other property owners within 250 feet of thc proposed vacation.
Tract B, Four Seasons
Marvin Melt
6300 Ta~ami Trail N.
Naples, FL 34 I08
Lot 1, Four Seasons
Andrew Sfluan
7300 Glenmoor Ln Apt. 304
Naples, FL 34104
Lot 2, Four Seasons
Frank & Mary De Nardis
108 Viking Way
Naples, FL 34110
Lot 3, Four Seasons
George & Luch Rotunda
10757 Wrmterview Dr.
Naples, FL 34109
Parcel 2.1 & 23
Walmart Store, Inc.
6374 702 S.W. 8~ St.
Bentonville, AK 72716
(33430120006)
(33430160008)
(33430200007)
(33430240009)
(166a40407)
(I 65664(X)04)
AUG 0 A 1998
COIJJF. R COUNTY GOVERNMENT
PU{3rI¢ wo~d<s DIV510N.
February 2, 1998
Mr. Guy P. Adams, P.S.M.
Agnoli, Barber & Brundage, Inc,
7400 Tamiami Trail North, Suite 200
Naples, FL 34108
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX (941) 732-2526
A C[~l'llqlE) BI.U~ ~ COMMUNe'
a ,,/ q 6- evo T'
Re
Vacation of Right. of-Way for Road. Utilities and Drainage as Recorded
in OR Book 454, Page 219
Dear Mr. Adams:
This office has reviewed your request to vacate the above-referenced right-of-way.
The Collier County Water-Sewer District has no facilities within this right-of-way, and we, therefore,
have no objection to the vacation of the fight-of-way as recorded in OR Book 454, Page 219.
Should you have any further questions, please feel flee to contact me.
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Technician
Edward N. Firm, Public Works Ouerations Director/Interim W~ter ~
Tim Clemons, Wastewater Director
Russ Muller, Transportation Services '
AUG 0 4 1998
COLLIER COUNTY GOVERNMENT
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DMSION
PLANNING SERVICES
F~oruary 3, 1998
2800 NORTH HORSESHOE DRIVE
NAPLES. FLORIDA 34104
Mr. Guy P. Adams, P.S.M.
Agnoli, B~rber & Bruadage, Inc.
7400 Trail Blvd. North. Suit~ 200
N~pl~s, Florida 3410g
Right-of-Way Vacation
Your File DN 6847/TN X003
(O.R. Book 1749, p. 465)
Ple~ae be advised ~ vacation of the right-of-way immediately east of Sam's Warehouse in 0.1~
Book 1749, p. 465 is not reqxfired to satisfy any requirement of the Traffic Circulation Element of
~e Collier County GMP.
This office is also of the opinion that the ROW has nc value for facilitating local subdivision
a~t7
obile or pedestrian movements and the~fore we have no objection to its vacation.
fly,
.d F. Nino, AICP
!Planner
RFN/md/FR.E DN 6947frN XO0]
Donald W. Arnold, AICP, Planning Services Department Director
Robert J. Mulhere, AICP, Current Plaxming Manager
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
(941) 403-2440
(941) 403-2330
Natural Resources
Planning Serviee~
Pollution Control
17/
(941) 403-23OO
COJ,!,mR COLTNTY
CO~LMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
PLANNING SERVICES DEPARTM]gNT
ENGINEERING REVIEW SECTION
2800 NORTH HORSESHOE DRIVE
NAPLES. FLORIDA 34104
February 3, 1998
Mr. Guy P. Adams, P.S.M.
Agnoli, Barber & Brundag¢, Inc.
7400 Tamiami Trail N.
Suit~ 200
Naples, Florida 34108
Re: ROW Vacation - PUD 92-9 - Immokalee Road, Center
Section 25, Township 48 South, Range 25 East
Dear Mr. Adams:
The Project Plan Review Department of the Community Development and Environmental
Services Division has no objection to the vacation of the R/W on the above referenced project as
re~ord~ ir O.R. 454, Page 2.19.
Respec~ly~/3
Sm Omano~lki, P.E.
SC~dc~/f/SC
PUD File
Russ Muller, Tr, msportation
Building Review & Permitting
Code Enforcement
Housing & Urban Improvement
(941) 403-2400
¢941) 403-2440
(941) 403-2330
Natural Reso~
Planning Service~
Pollution Control
t941) 40~-2~00
COLLIER COUNTY
PUBLIC WORKS
98 JAH 28 HI 2: !
27, 1998
n ,,/
~~Mr. John Boldt, P.E.
Collier County Stormwam' Maaagement ~~t
3301 Tamiami Trail Ea~ Building H
Naple~, FL 34112
Re: Right-of-way Vacation, Letter of No Objection, Fbi 6847/TN X003
In accordance with Collier County r~ents, we ar~ ~kiag for a letto' of no objection
relatiw to the vacation of an fight-of-way which is shown ia the attached exhibit in yellow. Also
inclosed is a copy of tl~ r~eorded document which dedicated the right-of-way. Om' firm
~ the property owner who ~ to coasolidatc thc pa~b which ar~ highlighted in
The southerly portion of the fight-of-way has already bccn~ by Sam's Whole:ale
Club (O.R. Book 1749, page 465).
No i .m~"~,o'~:m~ have boca ~ within the right-of-way.
right-of-way ia cuxxemly inacee~ble, ~ a canal borders it on the east, and a fen~
has been consmmed adjacem to it on the west.
If there are aa)' qu~tion~ ~ga'ding ~ ~ ~r if va: can offe~ .~arther inf ~orr.~on, plea~ call
our otSce. We ~ your conddm~oa of this t~quest and w~ await your,timely ~
North N,~x,l~ Fi~'e Co~x,ol & Rescue
RRE PR~ON BUR~U
1~1 PINE RI~E ~AD. ~ES, ~RIDA ~1~
(~1) 597-~7
F~ (~1) 597-70~
February 2, 1998
Guy P. Adams
Agnoli, Barber and Brundage, Inc.
7400 Tamiami Trail No.
Naples, FL 34108
Right of Way Vacation
PN 6847/TN X003
Dear Guy,
The North Naples Fire Control and Rescue District has no
problem with your request for vacation of the right of way,
PN 6847/TN X003, next to the Sam's Warehouse.
If you have any questions, please do not hesitate to give
me a call.
Sincerely,
NORTH NAPLES FIRE DEPARTMENT
Fire Marshal
Fire Prevention Bureau
KKR:sc
AUG 0 ,d,. 1991
Sprint
Box 24~
,~, ~ ~106-2477
January 30, 1998
Guy P. Adams, P.S.M.
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail North, Suite 200
Naples, FL 24108
Petition to Vacate - Landlocked Right-of-Way
SEC 25, TWP 48S, RNG 25E, Collier County
Dear Mr. Adam_q:
Sprint-Florida, Inc. has no objection to your petition
to vacate the right-of-way as described in your letter dated
January 27, 1998, on the above project.
If we can be of further assistance, please contact me at
941-263-6211.
Sincerely,
Dennis N. Corliss
Network Engineer II - E&C
DNC:tu
cc: Chron File
AUG 0 4 ]998
FPL
4105 15th Avenue S.W., Naples, FL 34116
Fax [941) 35~6082
January 2g. 1998
Guy P. Adams, P.S.M
CIO Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail N., Suite 200
Naples, FL. 34108
RE: Right-of-Way Vacation, PN 6847/TN X003
Dear Mr. Adams:
Florida Power & Light Company has no objection to the vacation of the right-of-way as
described in OR 454. Page 219 of the public records of Collier, County.
If you have any questions, please contact me at (941)353-6001.
E.T. Howard
Co--on Services
AUG 0 4 1998
MediaOne'
This is Brosdband. This is the way.
301 Tower Road
Nlpl~, FL 34113
Telephone: 941-732-3801
FAX: 941-992-1289
February 2, 1998
Guy P. Adams, P.S.M.
Agnoli, Barber & Brundage, Inc.
7400 Tamiami Trail N, Suite 200
Naples, FL 34108
Re: Right.of-way Vacation for PN 6847/TN X003
Dear Mr. Adams:
MediaOne~) has no objection to the vacation of right-of-way for the above referenced
location.
Please call me if you should have any questions.
Sincerely,
Stephen W. Hill
Construction Manager
SVVH/jdr
AUG 0 1 1998
BOARD OF
COUNTY COMBERS
COLUER COUNTY
NAPLES, FLORIDA S3962
RECEIVED FROM She~n~adoah Apa~l:nents
ADDRESS xxx3¢~=x3¢3¢3~.O. BOX ~~
DA~ ~/1/ .19 98 CHECKNO. 3~
DESCRI~ AY 98~Q7
INVOICE NO.
101
163610
~v Tex~t Meye~
129100
March 2, 1998
T~on Service~
Collier County Government Complex
Naple~, FL 34112
To Whom It May Concern:
R~: Right-of-way Vacation, Immokalee Road Center, PN 6947/TN X003
In ~cordance with Collier County Resolution 96-25 requirements, we ar~ providing a statement
explaining the gene~ public benefit received from the propo~ vacation.
Plea.~ no~ thet:
The southerly portion of the right-of-way has already been vacated by Sam's Whole.lc
Club (O.1L Book 1749, page 465).
· No improvements have been constructed within the right-of-way.
The right-of-way i~ cunvatly inacc, e~ible, as a p~ canal border~ it on the ~ and
Sam's Whole.tie Club fence ha~ been congaucted adjacent to it on tl~ wes~
Sincerely,
AG"lq
c-m,
,& BRUNDAGE, INC.
.m.
GPd/~
~-O.t.202K~.L 77~
AUG041998
Lee Couuty: 1625 Hcndry Sc, Sulrc 101, Fort Myer3, Florid~ 33901 · (941) 334-1173 · FAX: (941) 3~4-1175
U
:~ fo!l~4 aes=~%ed lan~s ~o Co112er C~n:y fo= ~h~ use nn~ ~ene-
f~: o~ the .Genial publ~c~ fo~ r~ ~l~hts-o~-waYs ut~lltleo an~
~.a~Ke, to th'~' ~r~tua~ use of Collier ~o~:~, to wit:
An area l?~n~ ~n the ~'~ of the ;r~ or' Section 2~, T~nsh~p ~8
~er~n at the :r~ corner of ~he 'F~ o~ the :F~ of su~.Sect~on 2~,
~lstAnce of 663 ~eet to.a P.O.~.; t..e..ce ;~ 89 1~ - ~o. · ~ . . c~
~63 fee;; (this l~nc ~s an e~enf~on o~ the ~3 abo~e
:hence S 01°30'~ for a distance of ~0 feet; thence S 89°1~' W ~cr
a ~;stance of 833 feet; ;hence ~01°3O' E for a ~lstance of
Fee;; thencc S 89°%~"~ fo~ a ~stcn:e cf 30 ~e;; ;her2cc ~; O1°~O
f~ a ~t~ce of 8~.~2 feet to the P~ O. B..
T~'~ A:~ TO EO~ the s~e unto ~ollle~ County fo~ ~hc
~hta ~e~catlon and the ~co~a~on of the s~e shall no~
~he ~ove~ b~7, to accept ~he p~o~ he~ and .he~ ~c~ ...... c.,
no~ obl~ca~e Collier C~n~T to ~pr~e the afo~sai~ probity
~ane~, no: s~ll acceptance o~ ~h~s ~ed~catloa by focal act of
~TT M Qt,~r OPINION
sal~ to ta~e ac~led~ntl, ~o~lly ~p~a~
~o~o~ ~t~enC and t~7 ac~le,'~e~ ~ero~
~:~e ~55 ny ~ end official aeal ~n the
afo~sald ~hil 1st d~y of P~h, ' .~ I~72 A. D~/~ ~ , ·
AUG 0 ,l 1998
im
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AUG 0 ~ 19~ 8
DESCRIPTION OF RIGHT-OF-WAY
VACATION
AN Ad~A LYING IN THE NW 1/4 OF TIlE NW I/4 OF SECTION 25, TOWNSttlP 48
SOUTH, RANGE 25 F~ST OF COLLIER COUNTY, FLORIDA DESCRIBED AS
FOLLOWS:
BEGIN AT THE NW CORNER OF THE NW 1/4 OF THE NW 1/4 OF SAID SECTION 25,
S 01o30. E FOR A DIS'lANCE OF 684.82 FEET, THENCE N $9°15' E FOR A DISTANCE OF
663 FEET TO A P.O.B.
THENCE N g9~15' E F()R A DISTANCE OF 663 FEET; (TI'tIS LINE IS AN EXTENSION OF
THE 663 ABOVE DES,.-'RIBED), THENCE S 01°30, E FOR A DISTANCE OF 60 FEET;
THENCE S 89"15' W FOR A DISTANCE OF 633 FEET; THENCE S 01030. E FOR A
DISTANCE OF 135.1 fEET; 'I'HENGE S 89015' W FOR A DISTANCE OF 30 FEET;
THEnCE N 01030. W FOR A DISTANCE OF 195.1 FEET TO THE P.O.B.
PROFES~~/0N,
AGNOLI, BARBi~ & BRUNDAG~ INC.
iGtNEERS, PLANNERS AND LAND SURVEYORS
AMS, F.S.M.
NO. 4390
RE'F: ABB DRAWING FIZE NO. 65g0
PAGE 1 OF 2
~oo$/oo$
~~ ~ iii. ~la:~a ~;
..... ~ .... ~ - ' ~ ~ I~ 1~
' , i ,. I /11 ~ il~il~lll/
,,'~ ~ ,' ~ /11 41---~ ~ ~ ~
~g ) I IlL _ I ; I~
! ~ ~ /, . /Ill ~
! - ~ ,/ ~ ~ /ll~j~'
..~ ~
/ ~ ~ ~ ~' ill
/ ~ / ~ LI k~ .....
/ ~ , I ~I I,II
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/ ~ I~ I /11 M~ .
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/ ,' ; It~ I : /11
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/ ~ ' ~ ~- ____--_ _~_ ~
/
_ .... =. _--- -~~.-- .... 12 b
I ~u I ~ ~ ~ '
1 ILK.SOLUTION NO.
:2
3 I~=SOL~ON FOR PETITION AV 98-007 TO DISCLAIM, RENOUNCE AND VACATE
4 THE PUBLIC'S INTEREST IN TH~ REMAINING PORTION OF A 60' WIDE AND 30'
5 WIDE ROAD R~GHT OF WAY, UTILITY AND DRA/NA~ EASEMENT LOCATED IN
6 SECTION 25, TOWNSHIP 48 SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
7
8 WHEREAS, F~u~ant to Scion 336.09 and 336.10, Florida Statute, Fr~kxick T. Baz'oer IH, P.E. of Agnoli,
9 Baz'oer and Bnmdag~, Inc., as agent for th~ pe~tioner, J.D. Niccwond~, does h~reby r~lnest the vacation of the
10 remaining ~on of a 60' wi6e and 30' wide Road Right of Way, Utgity ~ Draina~ !~_ ___n~m~_ located in ~ 25'
11 Townsl~ 48 South, Range 2~ Fast, Comer Couazy, Horida; ~-~
12
13 WHEREAS, the Boazd has th~s day held a public hearing m considcn' vacating said Road P, Jght of Way, Utility
15 requa~ t~ t~-, and
16 WHEREAS, t3e gran~ng of the vac~on will not advczscly affect th~ ownership or fight of convenient acc~s
17 ofother ~ owners.
15 NOW, THEREFORE, BE 1T EESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
19 COLL _n~ COUNTY, FLORIDA, that t~e followiag RoM Right of Way, Utility and Drni~ge ~ is hea'eby
20 vaatted:
21 Sec Ex]u'bil "A" attached homo aad inoorporat~d herein.
23 P, tsolmion once in a paper of g~aeral ~on in the G,~ty within 30 d~ys foHawing its adoption.
24 BE IT FURTEER RESOLVED, thn~ the Clexk to the Board is bexeby diz~ct~ to m:ord a cxn~aed copy of this
26
27
28
29
3O
31
34
36
37
40
ofthl, Resolntion in the Pablic P.~cord~ of Collier C. xxmty, Florida.
~ and majority vot~ favoring ~tme.
DATED:
A~:
DWIGHT E. BROCK, Cl~-k
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY:
BARBARA B. BERRY, ~rmnn
planners &: Land sur~-v~rs
DESCRIPTION OF RIGHT-OF-WAY
VACATION
AN AREA LYING IN THE NW 1/4 OF ~ NW I/4 OF SECTION 25, TOWNSHIP 48
SOUTH, RANGE 25 EAST OF COLLIER COUNTY, FLORIDA DESCRIBED AS
FOLLOWS:
BEGIN AT TH~ N'W COR.NER OF ~ NW 1/4 OF TH~ ~ 1/4 OF SAID b'~CTION 25,
S 01°30. E FOR A DISTANCE OF 684.82 FEET, THENCE N 89°15' E FOR A DISTANCE OF
663 FEET TO A P.O.B.;
'H-IENCE N 89°I5' E FOR A DISTANCE OF 663 FELT; (THIS LINE IS AN EXTENSION OF
THE 663 ABOVE DESCRIBED), THENCE S 01°30. E FOR A DISTANCE OF 60 FEET;
TH]~CE S 89°I$' W FOR A DISTANCE OF 633 FEE-T; ~CE S 01°30' E FOR A
DISTANCE OF 135.1 FEET; THENCE S 8~15' W FOR A DISTANCE OF 30 FEET;
THENCE N 01"30' W FOR A DISTANCE OF 195.1 FEE-r TO ~ P.O.B.
AGNOLI, BARBER. & BRUNDAGE, INC.
PLANNERS AND LAND SURVEYORS
NO. 4390
PROFES AL Gmm__ RS,
REF: ABB DRAWING FILE NO. 6580
PAGE 1 OF 2
'. · . I' .. · ~::~$~.. ·
._EXECUTIVE SUMMARY
PE'ITIION AV 98-015 TO DISCLAIM, RENOUNCE AND VACATE THE PUBLIC'S INTEREST IN A
15' WIDE PARCEL OF LAND CONVEYED TO COLLIER COUNTY AS A ROAD EASEMENT
ADIACEWr TO HIGHWAY U.S. 41, AS RECORDED IN OFFICIAL RECORD BOOK 1518, PAGES 980
AND 9gl AND BEING LOCATED IN SECTION 21, TOWNSHIP 48 SOLrrH, RANGE 2.5 EAST,
COLLIER COUNTY, FLORIDA.
OILIECrlVE: To adopt a Resolutiou 'to vaca:t~ the abo-,~~ easemeut.
CONSIDERATIONS: Petition AV 98-015 has been ~ by th~ Transportation De.haunt from $clm
Paulich IR F~., as agent for the petitioner, Design Studio Plaza P~, r~luest~, th~ vacation of the
above-de~zibed 15' wide p~cel of l~ud. The Florida ~ of T~on does not need fi, i., parcel
~ this parcel of land. Zen[nS is C-4.
FISCAL IM~PAC'~: Collier Cour~ h~s collected a $1,000 "Petition to Vacate" tm from the petitionm', which
will be d~pmited in Road ~ Bridg~ Fund (101-I63610). This f~e cov~ ~ ~ and ~
~]~OWTH MANAGEMENT IMPACT: None
RF~OMMENDATION: Thai the Board ofCotmty Commissioner~:
1. Adopt the Resolulion for Petition AV 98-015 for the vacation ofthe above-described easement;
2. Autho~ the execution of the Resolution by it's Chairman; and
3. Direct the Clerk to the Board to record a certified copy of the Resoh~on in the Public Records.
PREPARED BY: /Z,,.~_
Rick Grig& La~ Surv~or
Engime~g P,~ew So'vices
REVIEWED BY:_~
Thomas E. Knck, P.E.,
~Multm'e, AICP
DATE: 7".~/-~'~,
AUG 0 4 1998
PETITION FORM ];'OR VACATZON OF
Petition. er. Desi~ S=u~io Plaza rar=nership, a Florida ~eneral partnershf~
Address. 11935 N. 'T~mI~i Trail. NaPles, ~ll0Telephone= ~4~-56~8119
city/s~te: ~aples. ~ Zip Code: ~4110
Agent: Paulich, Slack & Wolff, P.A., John Paulich III, Esq.
Address: 80i AnChor Rode Dr., Suite 203 Telephones 941-261-0544
Ci~y/S~ata: ~aules. FL Zip C~de: ~a103
Road Name: Tnmt.m{ Trait (U.~. &1%
Location: Section 21 Township ~'S Range 2~ E ,
Legal Description:iS' vide strip of land in accordance with Deed at=ached
hereto as Exhibi: "A".
Plat Book Page (S)
Reason for Request: Proper:~ being used for drainage reran:ion area only for
adjacent ,i:e owned by pe:itioner; proper:~ beini maintai:ed_s~y by petitio
Current Zoning: ~-4 Does ~h£s affecl: densit-y~ _
I H~r~b¥ ~uthorize Agent Above to Represent Me for ~his Petition~
Yes X No __
Todd Geller General Partner
Print Name (T~tle)
Please see 'Polio! and Procedure of Vacation and Annulment' for the
list of suppor'~ive materials vhichnust acco=pony this petition,
and deliver or mail to:
Transpor'.ation Services
Collier County ~oVeZTment Complex
Naples, FL ]~962
Telephone: (941) 774-8494
*(1) If a~plicant is a land ~rust, indicate the name of
b~nefi¢iaries.
(2) If applicant is a ¢orgora~ton o~her than a public
corporation, lndlca=e ~he name of officers and major
stockholders.
(1) If appZicant is a part:nership, limited partne.-ship or o~he=
business entity, indicate the name of principals.
(4) Lis= all other o~mers.
Page 4 of 4
AUG 0 4:1998
To:
Collier County
Transportation Services Department
Memorandum
Rick Griglg P.S.M.
County Surv~or
From: Edward I. Kant, P.E.
Transportation Services Director
Date: June 30, 1998
Re: Design Gallery, North Tarniami Trail, Naples, FL
Please accept this memo as our letter of no objection to the vacation of the 15' drainage
easement lying parallel to and west of US 41 North.
If there are any questions or if you seek additional information, plea,~ contact me at 774-
8494.
cc: File: Design Studio (Drainage)
AUG 0 4 1998
FLOI DA' DEPARTMENT OF T SPORTATIOI
muslin "~ q~ i,,0. hx ll~ * Fort Mze"s, FL J30~,.1~30 ~
Pmme: I~ll) ,]3~.2341*Fsx: (~41) 338-2..~S3
ColIier County Trznspon~on Department
3301 East Tamiami Trail
Naples, Plori~a 34112
US 41 AT WALK~I~ILT ROAD (03010)
This is in resards to our recer~ conversa~on relagr~ to the
W~t P. oad.
MGK-L 16..91~
and
You had inquired if the Depanrr~nt had ~ objections m vacaiing a 15' F~e simple l~rcg tha~
pm-alleled the US 41 d~-of'-w~y north of Walkerbik P, osd. I have spoken with our dcsi~
~ T~p~ B~y F. niineerin~, ~d c~nfrmed ~t g~e subjec~ property is outside ~ limits of
o,u' US 41 project from Immokalee P. nad to CK SS7. Therefore, we have no objection to th=
We ~ ~ ~ ~o rrvi~w 0is ~ The Depam~e~ recosnizes and appr~ your
support ofthe S~e l::,[iSfl~,'ay System in Colfier County.
~chael G. Kippe
Project Manager
Dave C. nToen, TBE
17E..
AUG 0 4 1998
COLLIER
COUNTY
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
2800 NORTH HORSESHOE DRIVE
NAPLES, FLORIDA 34104
PLANNING SERVICES DEPARTMENT
ENGINEERING REVIEW SECrION
June 03, 1998
John Paulich III
Paulich, Slack 8: Wolff, P.A.
$01 Anchor Rode Drive, Suite 203
Naples, Florida 34103
Vacation of 15' Drainage Easement
Southeast Comer Vanderbilt Beach Road mad Airport Road
De~r Mr. Paulich:
Engineering Review Services has reviewed your petition to vacate the 15 foot easement along the
west side of U.S. 41 North of Walker-Bilt Road. Engineering Review Services has no objection to
the vacation of the easement as indicated in the enclosed legal description with the ~ipulafion that a
letter of"no objection" from FDOT be submitted and that no changes to the SDP will be required
due 1o the vacation.
If you have any questions relating to this matter, please call this office at (941) 403-2471.
Senior Engineer
SS/mk/f:X~c~ gi~ eerin g/~zv ·
Cc: Rick Grigg, Transportation Department
Reading File
B~ilai,,.~ R~iew & P~xitti~g
Code Emt~e~t
Housing & Urban Imprmrem~at
(941) 403-2400
(941) 403-2440
(941) 403-2330
Natural Re~ourc~
Pollution ~n~l
(941) 732-2502
AUG 0 4 1998
COLL
PUBLIC WORKS DIVISION
May 20, 1995
Mr. John Paulich IYI
Paulich, Slack & Wolff, P.A.
$01 Anchor Rode Drive, Suite 203
Naples, FL 34103
3301 E. TAMIAMI TRAIL
NAPLES, FL 34112
(941) 732-2575
FAX: (941) 732-2526
CERTIFIED BLUE CHIP CO~,LMU~ITY
Re: Design Studio Plaza - Vacation of Fifteen Feet (15') Wide Road Widening Easement
Dear Mr. Paulich:
Th/s office has reviewed your request to vacate the above-referenced fifteen feet (15') road widening
easemenL
The Collier County Water-Sewer Di.;u'ict has no facilities within th~ area and we, thet'efom, have no
objection to the vacation ofthe fi: u.:gn feet (15') road widening easement.
Should you have any further quest' . '~lease feel free to contact me.
Sincerely,
Cindy M. Erb
Public Works Senior Engineering Te
cc: Edward N. Finn, Public Works ~. ?c:~.': 'ms/Interim Water Director
Tim Clemons, Wastewater Dir.
~aRi6k Grig, g, Transportation Set .
AUG 0 4 1998
COI,I, R COUNTY GOVE
COMMUNITY DEVELOPMENT AND
ENVIRONMENTAL SERVICES DIVISION
Planning Services
Suly 8, 1998
2800 NORTH HORSESHOE DRIVE
NAPLES, FL 34104
Mr. John Paulich,/II
Paulich, Slack & Wolff, P.A.
$01 Anchor Rode Drive, Suite 203
Naples, Florida 34103
Dear Mr. Paulich:
I am advised by your client that it is intended to retain the current use of the referenced 15 foot
right-of-way easement for water management and landscaping purposes.
Under this condition we do not object to the vacation of the 15 foot right-of-way provided the
conveyance document contains provisions declaring this land area to be a landscape buffer
~eas, ement. Under the provisions of the lind development code upwards of fifty (50) percent of a
required landscape buffer may be used for water management purposes.
I mm this arrangement will facilitate your clients goals.
since y, , \
Ronald'~. Nino, AICP
Cm'r~t Plarming Manager
cc: Ed Kant, Transportation Director
Rick Grigg, P.E.
Butld/n~ R~view & Permittin~
Code Enforcement
Houmn~ & Urban Impalement
(941) 403-2400
(941) 403-2440
(941) 403-2330
Natural Resources
Planning .~rvie~
Pollution Control
AUG 0 4 1998
~IrEm'm REq. TY C~.
IIEglG~ STUDIO ~ I~,~J~Th'EV, SRn=
June 29, I~$
AUG 0 4 1998
leay 3,3 ~ 1.998
A x~ q8 -o ~ -~
J~q~].ef, FL 3413-2
THIS DOCUMENT PREPARED BY:
JOHN PAULICH III, ESQ.
PAULICH, SLACK & WOLFF, P.A.
801 Anchor Rode Drive, Suite 203
Naples, FL. 34103
PARTNERSHIP AFFIDAVIT
STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE MEpersona!ly appeared TODDGALLER, who upon being duly
sworn, states as follows:
1. Affiant is the ma_naging partner of DESIGN STUDIO PLAZA
PARTNERSHIP, a Florida general partnership.
2. DESIGNSTUDIO PLAZA PARTNERSHIP is currently in existence
under a valid Partnership Agreement dated December 19, 1990, and
uhe partnership has not been dissolved.
3. The names of all of the partners now existing in DESIGN
STUDIO PLAZA PAR~"~ERSHIP, are as follows:
TODD GALLE~
GARY G~ L?.RR
GREG GALLER
JACQUELINE GALLER
RICHARD BRYANT
ROBERT MURRAY
4. TODD GALLER, as managing partner, is authorized to
execute a deed of conveyance under the terms and conditions of the
Partnership Agreement and all of the partners have consented for
the conveyance of the following described real property to
CONTINENTAL REALTY ACQUISITIONS CORP:
See attached Exhibit "A"
5. None of the partners have been debtors in a bankruptcy
proceeding during the existence of the partnership.
AUG 0 1998
Po._
6. The partnership existed prior to acquiring title =o said
property through and including the date of closing.
FURTHER AFFIANT SAYETH NAUGHT.
TODD GALLER
Sworn to and subscribed before
, 1998 by Todd GaOler a.~a~ag~~e~ ~
Studio~Plaza Partnership, who is (
;6~persona~y ~n _ ~
provided ___~~~~n~ification.
Notary
My Co,~ssion Expires:
AUG 0 ,~ 1998
.J
AUG 0 & 1998
~I152l r'A ~.50
17E
AUG 0 & 1998
· . 001580 ' 002069
OR BOOK ' PAGE
L rT~-.
AUG 0 A 1998
q.__.~. /// .:_.
oo~sso o'o zb'.'r b '"':'
OR BOO~ PAGE
,~ mo
~**': . .
'j~ ,s' ... '.'."
.%--: -. -:
:~.:...-
00098l
P, GE
~oZXoYXng desL-,~,~btd
~ I~ ~ n~thv~st =lqht-of~y ~z~e~ion o~
County, ~oz~da; then~ along the v~IC =i~-o~y line oE
~ ~~ ~ai~ (u.~. 4X) eOloOO,S?-~ 170.og ~eeC ~o
~Z~ ~ ~B~IN; o~ t~ [oZlovSn~ des~i~ line; then~
Prepared b~:
/
TRACT
t
/
!
/
TRACT
AREA
BAY
KERBILT ROAO
TOWNSHIP
FOIl
RANGE 85
COMPILED & DRAWN.
REVISION DATES, ~
TRACING & PRINT
FLORIDA
~IBIT D
~TA-i-~.'£- OF G~2TEPJ~ PUBLIC BENEFIT
The fifteen foot (15') wide strip of land for which this
Petition seeks vacation and reconveyance of is currently being used
for drainage retention area only for Petitioner's adjacent site.
The property is currently being maintained by the Petitioner. In
that the parcel is neither being used as road right-of-way, nor are
there future plans for such use, there is no benefit to the public
for maintaining same as such.
AUG 0 A 1998
BOARD OF
COUNTY COMMISSIONERS
COLLIER COUNTY
NAPLES, FLORIDA 33962
RECEIVED FROM Desi_~n Studio Plaza Partnershi_o
ADORESS11935 N T~mismi Trl. CrTY Ra_oles.- YL
DATE {/8/98 . 19 CHECK NO.1987
DESCRIPlqON Petition X? 98-O15
INVOICE NO.
101
BY
COST CENTER
163610 329100
Tecgi Me~e~
CUSTOMER COPY
LO00oO0
1000.00
AUG 0 i 1998
E~HIBIT Z
__~_TIFICATE S~OWING PAYMENT OF STATE AND COUFE~ TAXES
Regarding Certificate showing all State and County taxes as
being paid, the parcel is currently owned by Collier County, a
political subdivision of the State of Florida, and is not on the
tax roll as being the obligation of the Petitioner.
AUG 0 4 1998
! DO NOT DETACH
,'"' ,-.I I I '
I ,.,,-- ~ i ~-~
, '~//,..,-~ ~ "~'/ ~r~
· <.-q ~,,.~. . ·,.
I o-~"i/I!1 ,-,-..,.~ / .-.. ·
I < ~1/ I~1 to<--~< /
~,~ ~ ~ J. .!
.iiif,,i, ~i,l.
r oz. ~ p~::a, -.
· I~_ '
_l i 1~' .i-- ,-,,~
~1 I /...,.-,.:,.o =~
~ ~ < I,~ {J j jj~:uj ,AUG 0 ,~ 1998 J
I
- '"" ~, ~ ,ov-3a~.o, oa ..~..'-
Pg. ~..~---.__..J
I .......... I_J_L ..... IL ............ '~ ...................................................................................
PETITIONER:
DESIGN STUDIO PLAZA PARTNERSHIP, A FLORIDA GENERAL
PARTNERSHIP
p~ITION FOR VACATION OF ROAD RIGHT-OF-WAY
L~st Of zimtt and o~h~r property ownars within 250 feet of
propose~ vacation,
C.C. Development Company
868 99th Avenue North
Naples, FL 34108
Parcel No. 00157481006
Gerald A. Fineis, Trustee
c/o Fineis, Boyette and Holiday Construction Co.
2319 J & C Boulevard, Suite 5
Naples, FL 34109 Parcel No. 00157160000
Walter Bush, Jr., Trustee
5200 MalibuDrive
Edina, MN 55436
Parcel No. 00157481200
1 RESOLUTION NO. 98-
2
3 RESOLUTION FOR PE'ITHON AV 9~-015 TO DISCIAdT~ RE~OUNCE AND
4 VACATE THE PUBLIC'S INTEREST IN A 15' WIDE PARCEL OF LAND
5 CONVEYED TO COLLIER COUNTY AS A ROAD EASEMENT AD]ACENT TO
6 I~GHWAY U.S. 41, AS RECORDED IN OFFICIAL RECORD BOOK 1518,
7 PAGES 980 AND 981 AND BEING LOCATED IN SECTION 21, TOWNSHIP 48
$ SOUTH, RANGE 25 EAST, COLLIER COUNTY, FLORIDA.
9
10 WHEREAS, pumuant to Section 336.09 and 336.10, Florida Statutes, John Paulich m, Esq., as agent
11 for th~ lx~doner, I)~sign Studio P~ Parm~-2aip, do~ her~ r~quest the va~tion of th~ above-described
12 road easement; and
13 WHEREAS, th~ Board has this day h~ld ~ public hearing to consider ~g said road ~ as
14 mor~ fully d~cribed b~low, and notice of said public hca.ring to vacat~ was giwn as ~ ~ h~ ~
16 access of other prop~y owners.
17 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
18 COLLIER COUNTY, FLORIDA, that th~ following road eas~xn~-nt is hereby vacatexl:
19 Se~ Exhibit "A" ~ hereto and ineorporaX~ ~
20 BE IT FURTHER RESOLVED, that th~ Clerk to tl~ Board is ~ directed to ~ th~ adopfo~
21 of this P,~sol~on once in a paper of general circulation in th~ County ~ 30 days following .its adoption.
22 BE 1T FURTHER RESOLVED, that th~ Cl~k to th~ Board is ~ directed to r~:wd a c~rtifi~
23 copy of this Pa~solution, the proof of publication of th~ notic~ of public ~ and tl~ proof of publication of
24 th~ notic~ of adoption ofthis Resolution in the Public Records of Collier Com~, Florida.
25 This Resolution adop~,~d after motion~ second and majority vot~ favori~ sam~.
DATED:
ATI'F~T: BOARD OF COUNTY COMMISSIO~
DWIGHT E. BROCK, CI~ COLLIER COUNTY, FLORIDA
26
27
29
30
31
32
33
34
35
36
37
38
Approved as to form and 1¢~1
BY:
BARBARA B. BERRY, Clmimmn
EXHIBIT A
SHEEI' I OF 1
AV
LEGAL DESCRIPTION
· I~ FOOT (15.0') ROAD WIDENING EASEMENT
A fifteen foot (15.0') wide road widening easement lyin9 fifteen
feet (15.0') West, as measured perpendicular to the following
described line:
COMMENCE a~ the Northwest right-of-way intersection of the Tamiami
Trail, (U.S. 41) a~d Walkerbtlt Road, Collier County, Florida;
thence along the West right-of-way line of the TamiamiTrail (U.S.
41) N 01o00'57" W 170.00 feet to the POINT OF BE~IN~ of the
following described line; thence continue N 01°00'57n W 280.13 feet
to the POINT OF TERMINATION.
17~ [
AUG 0 ~ IggO !
I
EXECUTIVE SUMMARY
PETITION NUA 98-1, RAYBURN C. CRAMER, REQUESTING THE ALTERATION OF
A NON-CONFORMING HUNTING CABIN IN THE CONSERVATION ZONING
DISTPJCT, BY ENLARGING THE EX]STING STR~JRE, ADDING ACCESSORY
STRUCTURES AND FENCING, ON PROPERTY LOCATED WITHIN THE BIG
CYPRESS NATIONAL PRESERVE, TRACT NUMBER 670.83, FURTHER
DESCRIBED AS N 3/5 OF W % OF NE % OF SE % OF NW % , IN SECTION 12,
TOWNSHIP 52 SOUTH, RANGE 32 EAST, COLLIER COUNTY, FL
OBJEC33VE:
The applicant requec~s approval of a ~forming use alteration to an existing
l~Jnting ~:-~__hin and accessory structures located within the boundaries of lite Big Cypress
National Preserve in the CON-AC, SC/ST zoning d~
CONSIDERATIONS;
The applicant requests approval to expand an existing non-conforming use and
accessory structures. The Conservation zoning district allows single family dweangs as
a permiffe~ use, but not hunting cabins, l~erefore the exls~ structures are non--
conforming. The petitioner proposes adding a porch to the cabin, as well as a pole
barn, water trover, shed, and fence.
The petition requires the Issuance of a Special Treatment (ST) C)e~fl~Omalt Permit.
However, the s~ meets the crtteria for administrative approval, and therefore a public
hearing is not required for ST Permit approval.
The proposed elteraticr~ has been reviewed by the Big Cypress National Preserve, and
no objection was made.
Approvnl of th:s pet. it~ would hnve no fiscal iml~ on ~ Oounty.
GROWTH MAN.A_..OEMENT IMPACT;
The proposed variance is consistent with
Management Plan.
applicable
HISTORIC/ARCHAEOLOGICAL IMPACT.;
Staff's analysis indicates thru the petitiow~s property is no~ located within an area of
historical and arch~o3ical probability as referenced on the official CoSier County
Probability Map. Therefore, no Historical/Archaeological Survey & Assessment or
waiver is required.
pLANNING COMMISSION RECOMMENDATIO_I~
The Co;lief County Planning Commissk~ review~:d t~is petition on July 16, 1998~ and by
a vote of 6-0, forwarded Petition NUA-98-1 t~ the Board of Zoning Appeals with a
recommendation of approval.
PREPARED BY:
F~'R-L, SENIOR I;~D~NER
C~'Ir4T PLANING SECTION
~EWED B~': ~
CURREI~T' P~NING SECTION
DATE
VINCENT/L CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELCPMENT & ENVIRONMENTAL SERVICES DMSlON
2
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
FRED REISCHL
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE: JUNE 22, 1998
PETITION NUA-98-1 (CRAMER HUNTING CABIN)
OWNER/AGENT;
OWNER:
Raybum C. Cramer
PO Box 890
Key Largo, FL 33037
REQUESTEO ACTION:
The applicant reque:~ts approval of a non-conforming use alteration to an existing
hunting cabin and accessory structures located within the boundaries of the Big Cypress
National Preserve in the CON-ACSC/ST zoning district.
GI~OG .RAPHIC I. OCATION:
The subject property is located within the boundaries of the Big Cypress National
Preserve, in Section 12, Township 52 South., Range 32 East, consisting of 3 acres.
AUG 0 4/ 98I
1998
PURPOSE/DESCRIPTION OF PROJECT:
The applicant requests approval to expand an existing non-conforming use and
accessory structures. The Conservation zoning district allows single family dwellings as
a permitted use, but not hunting cabins, therefore the existing structures am non-
conforming. The petitioner proposes adding a porch to the cabin, as well as a pole
barn, water tower, shed, and fence.
SURROUNDING I.AND USE AND ZONING,
Subject Site:
Site is generally cleared with mowed
grasses; zoned CON-ACSC/ST
Surrounding:
Property within the boundaries of the Big
Cypress National Preserve; zoned CON-
ACSC/ST
HISTORIC/ARCHAEOLOGICAL IMPACT-
StafFs analysis indicates that the petitioner's property is located outside an area of
historical and archaeological probability as referenced on the official Collier County
Probability Map. Therefore, no Waiver of Historic and Archaeological Survey &
Assessment is required.
TRANSPORTATION. INF_RASTRUCTURE AND ENVIRONMENTAL IMPACT'
The Petition is not near any County roads and will have minimal, if any, impact on
County infrastructure.
The petition requires the issuance of a Special Treatment (ST) Development Permit.
However, the site rne~;l~ the criteria for administrative approval, and therefore a public
hearing is not required for ST Permit approval.
STAFF ANALYSIS;
~ 1.8.10 of the Land Development Code grants authority to the Board of Zoning
Appeals to approve Ncn-C, onforrning U~.,e Alterations (NUA). The Planning
is advisory to the BZA, and utilizes the guidelines below to assist in
reo3mmenda~.
3
The alteration, expansion or replacement will not Increase the density of the
parcel or lot on which the non-conforming single family dwelllng, duplex or
mobile home is located,
The subject site is a hunting cabin, not used as a full time residence. Therefore
there will be no increase in density.
The alteration, expansion or replacement will not exceed the building height
requirements of the district most closely associated with the subject non-
conforming use.
The expansion will not increase the height above the maximum permitted height
of 35 feet.
The alteration, expansion or replacement will not further encroach upon any
non-conforming setback.
The Conservation zoning district setbacks am 50 feet for front, side, and rear
yards. The structures will not encroach into these setbacks.
d. The alteration, expansion or replacement will not decrease or further decrease
the exit,ting parking areas for the structure.
The site is accessed by off-road vehicles. Parking is not a consideration.
The alteration, expansion or replacement will not damage the character or the
quality of the neighborhood in which tt is located or hinder the proper future
development of the surrounding properties.
The proposed alteration has been reviewed by the Big Cypress' National
Preserve, and no objection was made.
The alteration, expansion or replacement will not present a threat to the
health, safety or welfare of the community or its residents.
It is staff's opinion that the proposed expansion of the non-conforming use, will
not be detrimental to the area.
Track 670-83
Big Cypress National Preserve
Raybum C. Cramer, Owner
4' TNi Fence of Hog Wlm
Fence Posts are 8' on center
Fence Posts of 6' Lighter Pine
3 Gate~- 1~ 4', 2 @ 10,
160' ,
tEast
z
Pole
Barn
Existing
Scale:
~ =10'
Hous8
~West
[] Outhouse
AUG 0 4 1998
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission forward Petition NUA-
98-1 to the Board of Zoning Appeals with a recommendation of approval.
PREPARED BY: '
DATE
ACTING CURRENT PLANNING MANAGER
DATE
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES ADMINISTRATOR
MISSION:
6
AUG 0
RECEIVE
NON-CONFO~.~XNG USE ALTERATION (NUA) ~PLZC~TION
HAY 2 0 ~8
AG~--NT'S NA/~E (If Applicable)
AG~--NT ' S ADDRESS
TELEPHONE
LEGAL DESCRIPTION OF SUBJECT PROPERTY (See last 3 pages of this handout)
FILING FE~
NB/2999
($425.00)
-1-
REVIEW
ae
The alteration, expansion or replacement will not increase
the density of the parcel or lot on which the non-conforming
single family dwelling, duplex or mobile home is located;
be
The alteration, expansion or replacement will not exceed the
building height requirements of the district most closely
associated with the subject non-conforming use;
The alteration, expansion or replacement will not further
encroach upon any non-conforming set-back;
The alteration, expansion or replacement will not decrease or
further decrease the existing parking.~areas for the
structure;
The alteration, expansion or replacement will not damage the
character or quality of the neighborhood in which it is
located or hinder the proper future development of the
surrounding properties; and
Such alteration, expansion or replacement' will not present a
threat to tt~e health, safety or welfare of the commu/li~-or
its residents·
AUG 0 998
AF'~.DAWJ:T
: OF~CL~I. NOTARY ~ ~ gOT,~,Y ~Lr~LT-C
CEOL~ K MA~n~ !
.NC71'ARY ~l.,'~[JC STATE O!~ FI.ORIDAi
· C09,,(~ZSSION NO. CC4Sl&12 I '
AUG 0 & 1998
2
3
4
$
RESOLUTION NO. 98-__
RELAT!~:G 70 PETiTiON NUMBER NUA-98-1, FOR
A NON-CONFOrMING USE ALTERATION ON
PROPERTY HEREI~ZA='-fER DESCRIBED IN COLLIER
COUNTY, FLORIDA.
WHER'SAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
es=ablisn, coordina:e and enforce zonlng and such business regulations
as are necessary for the protection of the public, and
WHEREAS, %he County pursuant thereto has adopted a Land Development
Code {Ordinance No. 9!-102) which establishes regulations for the zoning
of particular geographic divisions of the County, among which is the
granting of requests f:r non-conforming use alterations, and
WHEREAS, %he Boar= ~' Zoning Aooeais, being the duly elected
cons:itu%ed board of the area hereby affected, has held a public hearing
after no%ice as '.. said regulations made and provided, and has
19 considered =he advisaD11i:y ~' a hunt:ng cabin, by enlarging the
=0 exlsting structure, acding accessory structures and fencing, as shown or
21 the at%ached plo% plan, ~xhi~it "A" in a CON-ACSC/ST Zone for the
22 property hereinafter Cescrlbed, and has found as a ~tter of fact
;~ satisfactory provlsion an~ arrangement have been made concerning all
:4 apDiicabie mat:ers required by said regulations and in accordance with
25 Subsec%ion 1.8.10.4 of the Land Deve!o~ent Code for the unincorporated
~ area of Collier County, and
WHEREAS, all interes:ed parties have been given opportunity to be
:8 heard by this Board in public meeting assembled and the Board having
2~ con$~ere~ all nat~ers presented,
~:OW THEREFORE BE '' RESOLVED 5Y THE BOARD OF ZONING APPE3%LS of
~I Ccll.~er County, Florlda,
The Petition NUA-9~-i filed by Rayburn C. Crier, pro~r:y owner,
sD wi%~. respect to the ~roperty hereinaf:er described as:
EXHIBIT
~? be and the same hereby is approved for non-conform%lng hunting cabin by
ss enlarging the ex~sting s=ructure, adding accessory structures and
fencing as shown on the a=tacheO plot plan, Sxhibit "~,.of..the CON-
ACSC/ST Zoning District wherein said property is located.
BE iT RESOLVED that this Resolution relating to Petition Number
NUA-98-1 be recorded in the minutes of this Board.
This Resolution adopte¢ after motion, second and majority vote.
Done this
s ATTEST:
~ DWIGHT E. BROCK, Clerk
10
14
1~ Approved as to Form and Legal Sufficiency:
1~ Mar)o%ie M. StuOent
20 Assistant County Attorney
24
day of , 1998.
BOARD OF ZONING APPEALS
COLLIER COUNTY, E"~ORIDA
BARBARA B. BERRY, Chairman
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