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Backup Documents 04/08/2003 RBOARD OF COUNTY COMMISSIONERS REGULAR MEETING APRIL 8, 2003 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News --------------------------------------- +----------- ---------- - - - - -- Signature of Affiant .cam l Sworn to and Subscribed rem s day of 209 Personally known by me rl. Donna Chesney My Commission DD056336 ?r nOe Expires September 11, 2005 NOTICE OF BOARD OF COUNTY COMMISSIONERS PUBLIC MEETING CHERI LEFARA gpARD OF COUNTY %MM�IONERS PO BOX 413016 COUNT`i, NAPLES FL 34101 -3016 coLLl FLORIDA 8�7M. April Notice is hereby given REFERENCE: 001230 200213 that the Collier County Board of County Commis- 58637145 NOTICE OF PUBLIC MEE sionsr�s will meet in the eoartl s Chambers on the Har Third Floor of the W. • State of Florida man .Turner Building County of Collier (Building F) at the Colder Before the undersigned authority, Personally Cou Government Com- East Tomiaml a eared B. Lamb, who on oath says that she serves pp Y Wall Not Trail Naples, Florida, to as Assistant Corporate Secretary of the Naples conduct the business of Collier County at the Daily News, a daily newspaper published at Naples, above stated tlafe and in Collier County, Florida: that the attached copy of advertising was published in said Coiles'of the agenda for of newspaper on dates listed. said will be Affiant further says that the said Naples Daily made available to the News is a newspaper published at Naples, in said press and maY be ob- tamed at the Public Infer• Collier County, Florida and that the said y motion Office, located newspaper has heretofore been continuously on the F►rst Floor of the Harmon Turner Bulld- published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said for of 1 Any person who decid- es peal a on o1 County, Florida, a period year l nee thus Basra will need next preceding the first publication of the - record of the proceed- ings thereto, attached copy of advertisement; and affiant pert�alnina further says that she has neither paid nor to�enssure that a vereba promised any person, firm or corporation any tlm record of the pre- Is made, vrhich discount, rebate, commission or refund for the record includes the record I purpose of securing this advertisement for many and evidence publiction in the said newspaper. upon which the appeal Is to be based. PUBLISHED ON: 04/06 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chair man AD SPACE: 65.000 INCH DWIGHT E. BROCK FILED ON: 04/07/03 CLERK ---------- --- ----- __ +- ------ --- ----- - --- - -- - -- Bv: /s/ Maureen Ken Signature of Affiant .cam l Sworn to and Subscribed rem s day of 209 Personally known by me rl. Donna Chesney My Commission DD056336 ?r nOe Expires September 11, 2005 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA April 8, 2003 9:00 a.m. Tom Henning, Chairman, District 3 Donna Fiala, Vice - Chair, District 1 Frank Halas, Commissioner, District 2 Fred W. Coyle, Commissioner, District 4 Jim Coletta, Commissioner, District 5 NOTICE: ALL PERSONS WISHING TO SPEAK ON ANY AGENDA ITEM MUST REGISTER PRIOR TO SPEAKING. SPEAKERS MUST REGISTER WITH THE COUNTY MANAGER PRIOR TO THE PRESENTATION OF THE AGENDA ITEM TO BE ADDRESSED. COLLIER COUNTY ORDINANCE NO. 99 -22 REQUIRES THAT ALL LOBBYISTS SHALL, BEFORE ENGAGING IN ANY LOBBYING ACTIVITIES (INCLUDING, BUT NOT LIMITED TO, ADDRESSING THE BOARD OF COUNTY COMMISSIONERS), REGISTER WITH THE CLERK TO THE BOARD AT THE BOARD MINUTES AND RECORDS DEPARTMENT. REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY MANAGER AT LEAST 13 DAYS PRIOR TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER `PUBLIC PETITIONS". ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1 April 8, 2003 ALL REGISTERED PUBLIC SPEAKERS WILL BE LIMITED TO FIVE (5) MINUTES UNLESS THE TIME IS ADJUSTED BY THE CHAIRMAN. IF YOU ARE A PERSON WITH A DISABILITY WHO NEEDS ANY ACCOMMODATION IN ORDER TO PARTICIPATE IN THIS PROCEEDING, YOU ARE ENTITLED, AT NO COST TO YOU, TO THE PROVISION OF CERTAIN ASSISTANCE. PLEASE CONTACT THE COLLIER COUNTY FACILITIES MANAGEMENT DEPARTMENT LOCATED AT 3301 EAST TAMIAMI TRAIL, NAPLES, FLORIDA, 34112, (239) 774 -8380; ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE COUNTY COMMISSIONERS' OFFICE. LUNCH RECESS SCHEDULED FOR 12:00 NOON TO 1:00 P.M. 1. INVOCATION AND PLEDGE OF ALLEGIANCE A. Pastor Ted Sauter, North Naples United Methodist Church 2. AGENDA AND MINUTES A. Approval of today's regular, consent and summary agenda as amended. (Ex Parte Disclosure provided by Commission members for summary agenda.) Approved and /or Adopted with changes- 510 B. March 11, 2003 - Regular Meeting Approved as presented- 510 C. March 12, 2003 — LDC Workshop Approved as presented- 510 3. SERVICE AWARDS 4. PROCLAMATIONS A. Proclamation to recognize April as National Fair Housing Month. To be accepted by Mr. Orlando Lorie, U.S. Department of Housing and Urban Development and Ms. Fiordaliza Bustamante, CDP Representative. Adopted — 510 2 April 8, 2003 B. Proclamation to honor The Veterans Corporation and the VET FastTrac programs. To be accepted by David C. Clagett, Jr. Vice President, Operations and Retired Charles R. Henry, Major General, U.S. Army, President and CEO. Adopted — 510 C. Proclamation supporting our troops and their families that are protecting our Country. To be accepted by Jim Elson, Veterans Council. — Adopted 510 A yellow ribbon to be placed in boardroom until the troops come home. -510 Added D. Proclamation endorsing and supporting the Collier County /City of Naples Underground Damage Prevention Task Force. Adopted — 510 5. PRESENTATIONS 6. PUBLIC PETITIONS Added A. Request by the Naples Airport Authority to discuss support of the Stage 2 ban by filing an amicus curaine brief with the FAA ( FAA Docket No. 16- 01 -15). (Staff Request) To be brought back on April 15, 2003 as a Special Meeting. — 4/1 (Commissioner Halas opposed) 7. BOARD OF ZONING APPEALS A. This item requires that all participants be sworn in and ex parte disclosure be provided by the Commission members VA- 2002 -AR- 3379, Aquatic Architects, Inc., representing Kris and Jodi Anderson, requesting an after - the -fact variance of 1.8 feet from the minimum rear yard accessory structure setback of 10 feet to 8.2 feet for a screened enclosure addition to a single family dwelling for property located at 349 Wimbledon Lane, further described as Berkshire Lakes, Unit 1, Block B, Lot 39, in Section 32, Township 49 South, Range 26 East, Collier County, Florida. Continued to May 13, 2003 Meeting. — 510 3 April 8, 2003 Moved from Item #17D B. VA- 2002 -AR -3381, David M. Corban, requesting an after - the -fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. Resolution 2003 -138 Adopted — 4/1 (Commissioner Halas opposed) 8. ADVERTISED PUBLIC HEARINGS A. Public Hearing for the 2002 Cycle of Growth Management Plan Amendments. CP- 2002 -1 - Approved per CCPC recommendation 4/0 (Commissioner Coyle absent) CP- 2002 -3 — Approved per CCPC recommendation 510 CP- 2002 -4 - Approved per CCPC recommendation 510 CP- 2002 -5 - Approved per CCPC recommendation 510 CP- 2002 -6 - Approved per CCPC recommendation 510 CPSP- 2002 -7 - Approved per CCPC recommendation 510 CPSP- 2002 -8 - Approved per CCPC recommendation 510 CPSP- 2002 -9 - Approved per CCPC recommendation 510 CPSP- 2002 -10 - Approved per CCPC recommendation 510 CPSP- 2002 -11 - Approved per CCPC recommendation 510 Resolution 2003 -139 Transmitting Amendments to DCA - Adopted 510 B. An ordinance amending Ordinance No. 99 -76 relating to mandatory street numbering of all structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact; providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction or building repairs; providing for an amended procedure for establishing a uniform grid numbering pattern for assignment of addresses or change of address; providing for an amended procedure for changing non - conforming addresses; providing for duly advertised public hearings to rename a street; providing for monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amended procedures for street renaming; providing for public notification; providing for street signs on 4 April 8, 2003 private streets; providing an appeal procedure; providing for abrogation and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance 97 -9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Ordinance 2003 -14 - Adopted w /changes 510 Move from Item #17C C. Petition AVPLAT2003- AR3636 to disclaim, renounce and vacate the County's and the Public's interest in two 10 foot wide drainage easements located in Tract "P ", according to the plat of "Tarpon Bay" as recorded in Plat Book 36, pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay ", located in Section 30, Township 48 South, Range 26 East Resolution 2003 -140 — Adopted 510 9. BOARD OF COUNTY COMMISSIONERS A. Appointment of members to the Environmental Advisory Council. Resolution 2003 -141 w /waiver for John Carlson :Reappointing John (Ed) Carlson and Michael V. Sorrell and appointing William W. Hughes to serve 4 -year terms on the EAC — Adopted 510 Withdrawn B. Appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. C. Appointment of members to the Immokalee Enterprise Zone Development Agency by the Board of County Commissioners and the CRA. Resolution 2003 -142 : Reappointing Ira J. Malamut, Jerry Hubbart, Al Neuman, John Kirchner, H.B. "Benny" Starling, Jr., and Floyd Crews; Appointment of Rick Torres and Sgt. James Mansberger (to fill remainder of a vacant term expiring April 4, 2007) to the Immokalee Enterprise Zone Development Agency — Adopted 510 . 5 April 8, 2003 Withdrawn D. Discussion regarding a proposed ordinance related to abandoned shopping carts in Golden Gate Community. (Commissioner Henning) E. Discussion for the purpose of clarifying the previous direction to staff surrounding the Gulf Coast Skimmers sign. (Commissioner Henning) Direction for sign to become more appealing within surrounding area at park entrance to be changed immediately; sign at Airport - Pulling and US 41 has code violations (location and size) and issues concerning the sign needs to be resolved at a future BCC meeting when interested parties can attend — Consensus F. Discussion regarding request from the State of Florida to donate all County roads and bridges in the Southern Golden Gate Estates to the State. (Commissioner Henning) Discussed — Wait for letter /request from DEP for any type of donation 10. COUNTY MANAGER'S REPORT A. Provide information to the Board of County Commissioners on proposed new provision under the Code for illuminated "open" signs and frontage requirements for freestanding signs. (Joseph K. Schmitt, Administrator, Community Development) Staff directed to revise language and bring back to the LDC Meeting on May 21, 2003 - Consensus Continued to 5/13/03 BCC Meeting B. To present findings of a school zone speed review and request Board direction to take affirmative action to bring school speed zones in Collier County into compliance with state guidelines. (Norman Feder, Administrator, Transportation) C. This item continued from the March 25, 2003 BCC Meeting: Recommendation that the Board approve $206,000 in additional funding to augment current appropriations for consulting and legal services from Carlton Fields under the existing continuing services contract for contingent growth management services in support of the Checkbook Concurrency LDC and GMP Amendments, Traffic Impact Vesting Process, Defense of Challenges to the Notice of Intent by DCA to find the Rural Fringe Amendments in compliance, and the work program for development of LDC 6 April 8, 2003 to implement the Final Order Amendments to the GMP. (Joseph K. Schmitt, Administrator, Community Development) Continued to April 22, 2003 Meeting — 510 Moved from Item #16C2 D. Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers, Inc., for the annual monitoring of Hideaway Beach and T- groins, Project 90006, in the amount of $87,492. Approved — 510 Moved from Item #16D3 E. Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. Continued to April 22, 2003 Meeting — 510 Moved from Item #16E2 F. Recommendation to reject Bid No. 03 -3468 for pump and motor repair. Motion to reject denial - Approved 3/2 (Commissioners Henning and Halas opposed) ; Contract to come back 11. PUBLIC COMMENTS ON GENERAL TOPICS 1) Mary Dunning re: request that Vanderbilt Beautification MSTU exclude Baker Carroll Point 12. COUNTY ATTORNEY'S REPORT A. Recommendation to approve a budget amendment in the amount of $65,000 for outside counsel and professional services in support of Resolution No. 2002 -428 expressing concerns regarding the acquisition of the Marco Island/Marco Shores Utility System by the Florida Water Services Authority. Approved — 510 13. OTHER CONSTITUTIONAL OFFICERS 14. AIRPORT AUTHORITY 15. STAFF AND COMMISSION GENERAL COMMUNICATIONS 7 April 8, 2003 1) Discussion re: Porkchop at Harrison Road and Palm Drive to be brought back 16. CONSENT AGENDA - All matters listed under this item are considered to be routine and action will be taken by one motion without separate discussion of each item. If discussion is desired by a member of the Board, that item(s) will be removed from the Consent Agenda and considered separately. ------------------------------------------------------------------------------------------------------- Approved and /or adopted with changes- 510 A. COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES 1) Request that the Board of County Commissioners set a public hearing date for June 24, 2003 for consideration of a Development of Regional Impact Development Order for Petition DRI- 2000 -01, Heritage Bay located in Sections 13, 14, 23 and 24, Township 48 South, Range 26 East, Collier County, Florida. 2) Approval of the Satisfaction of Lien for Code Enforcement Board Case No. 2002 -001 styled Board of County Commissioners Collier County, Florida vs. Rocco LacQuaniti regarding violation of Sections 2.7.6.1 and 2.7.6.5 of Ordinance No. 91 -102, of the Collier County Land Development Code, as amended. 3) Request to grant final acceptance of the roadway, drainage, water and sewer improvements for the final plat of "Tiburon -the Norman Estates at Pelican Marsh Unit Twenty Three ". Resolution 2003 -133 4) Request to approve for recording the final plat of "Mediterra Phase Three East, Unit One ", and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the performance security. w /stipulations 5) Request to approve for recording the final plat of "Southeast Immokalee" and approval of the Standard Form Construction and Maintenance Agreement and approval of the amount of the 8 April 8, 2003 performance security. w/ stipulations 6) To approve a budget amendment of $60,000 for the expenditure of monies from Fund 186 Immokalee Redevelopment for the payment of the purchase, installation, and maintenance (for 5 years), of streetlights by Lee County Electric Cooperative (LCEC). 7) To approve a budget amendment for expenses related to moving the Community Planning and Redevelopment section staff from the Development Services Building to new offices located at 3050 North Horseshoe Drive. B. TRANSPORTATION SERVICES 1) Approve a budget amendment to transfer the operating budget for three positions from Transportation Operations and Transportation Maintenance to the Alternative Transportation Modes Department in the amount of $98,852. Continued to 4/22/03 BCC meeting 2) Staff recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. 3) Resolution to establish a "No Parking" zone along Capri Boulevard as platted in Isles of Capri Subdivision, Plat Book 3, Pages 41, 46, 52 and 66; approximately six (6) signs will be needed at a cost of $100 each for a total of $600. Resolution 2003 -134 4) Approve Change Order No. 2 in the amount of $86,509.20 to Ajax Paving Industries, Inc., for the Goodlette Frank Road project, from Pine Ridge Road to Vanderbilt Beach Road, Project.No. 60134. 5) That the Board of County Commissioners approve the budget amendment for the Lely Golf Estates Beautification MSTU for the purpose of irrigation and landscape improvements to the medians on 9 April 8, 2003 St. Andrews Boulevard, Pebble Beach Boulevard and Forest Hills Boulevard. 6) Approve Florida Power and Light lump sum agreement to relocate 36 poles on Immokalee Road from Twin Eagles to Wilson Boulevard, Project No. 60018. (Fiscal Impact $90,729) 7) Approve final change order and payment for Project #02 -3366, SR 84, Davis Boulevard Phase II, Project #60098, landscape renovation reducing the contract amount to $672,357.98. To Hannula Landscaping Inc. 8) Ratify a deduct change order (No. 8) in the amount of $21,162.19 to the K.E.R. Enterprises Inc. (DBA Armadillo Underground) contract for the Wiggins Pass Outfall, Phase I Project, Project No. 51212. 9) Request Board approval for the landscape maintenance agreement with Pinewood Commons Homeowners Association, for the future landscaping and maintenance on Airport Road and Pine Wood Circle. 10) Approve Change Order No. 3 to the Immokalee Road/I -75 Interchange construction contract in the amount of $190,621.29 which includes a portion of work to be paid for by Brentwood Land Partners, LLC. (Project No. 66042A) To Better Roads, Inc. 11) Request Board approval of a landscape maintenance agreement between Collier County and Riviera Federation Association, Inc. (RFA) for the maintenance of a portion of Charlemagne Boulevard at no cost to Collier County with an estimated savings to the County of about $2500. 12) Approve Change Order No. 3 in the amount of $48,397.28 to Ajax Paving Industries Inc., for the Goodlette Frank Road project, from Pine Ridge Road to Vanderbilt Beach Road, Project No. 60134. 13) Approve a resolution authorizing execution of a Florida Department of Transportation Local Agency Program Agreement for the Rural Safety Refuge project; providing an effective date. Resolution 2003 -135 10 April 8, 2003 14) Approve Change Order No. 3 in the amount of $6,157.30 to Better Roads, Inc., for the Livingston Road project, Phase III, from Pine Ridge Road to Immokalee Road, Project No. 62071, and authorize release of WCI Communities in exchange for payment of $297,791.50. 15) Approve a budget amendment recognizing carry forward amounts from FY02 for the Bayshore Beautification MSTU Fund (160) in the amount of $112,249. C. PUBLIC UTILITIES 1) Approve request for the U.S. Army Corps of Engineers (USAGE) to perform a dredging assessment of Goodland Canals. Moved to Item #10D 2) Approve a work order, under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers, Inc., for the annual monitoring of Hideaway Beach and T- groins, Project 90006, in the amount of $87,492. 3) Approval of Contract C -15374 with the South Florida Water Management District (SFWMD) to participate in a 3 -year statewide surface water quality monitoring effort in the amount of $7,800 annually. 4) Approve the corrected sources of $71,155 in funds for the utility portion of the Construction Engineering and Inspection Services change order for Goodlette -Frank Road (Pine Ridge Road to _ Vanderbilt Beach Road) four and six lane improvements, Project 60134. 5) Reject Bid 03 -3482 South County Water Reclamation Facility belt filter press service platform additions. Staff to Re -bid 6) Approve Committee selection of six (6) firms for contract negotiations related to RFP 03 -3484 "Fixed Term Instrumentation and 11 April 8, 2003 Controls Engineering Services" for maximum annual fees of $500,000 per firm per year. Camp, Dresser & McGee, Inc.; Carollo Engineers; McKim & Creed; Q.Grady Minor & Assoc; RKS Consulting Engineers, Inc.; Westin 7) Approve Change Order 2 to Work Order 61 for construction of the western interconnect for wastewater collection systems, in the deduct amount of $4,725. To Mitchell and Stark Construction Co, Inc. 8) Affirm staff approval of Change Order 2 to Work Order UC -004 for the relocation of water and sewer mains related to the Florida Department of Transportation's widening of U.S. 41 from Barefoot Williams Road to east of SR 951, in the amount of $13,124. To Mitchell and Stark Construction Co, Inc.. 9) Approve Metcalf and Eddy Work Order #ME- FT- 03 -01, and Work Order #ME- FT -03 -02 for the Emergency Response Plan required by the United States Environmental Protection Agency (USEPA) for water system facilities at Collier County Project 70170 and approve budget amendments. In the amount of $909385.00 10) Approve Work Order No. UC -023 (Exhibit A) in the amount of $535,600 for four pump station improvements to Kyle Construction Inc., under Contract 02 -3345 — annual contract for Underground Utility Contracting Services, Project No. 73 05 1. D. PUBLIC SERVICES 1) Award of RFP #03 -3454, "Golden Gate Aquatic Facility Concession" with anticipated revenue of $1800 for the remainder of FY03. That's Amore in Napoli, Inc. 2) Approve the Senior Community Service Employment Host Agency Agreement and authorize the Chairman to sign the agreement between Collier County Board of County Commissioners and the Workforce Council of Southwest Florida, Inc. 12 April 8, 2003 Moved to Item #10E 3) Approve a Supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. 4) Approve a Resolution authorizing the submittal of a grant application in the amount of $75,000 to the Florida Fish and Wildlife Conservation Commission for the Florida Boating Improvement Program. Resolution 2003 -136 E. ADMINISTRATIVE SERVICES 1) Addition of vendors to supplement Contract #03 -3426 "Quick Copy Services" (estimated dollar amount $40,000). Midwest Reprographics & Color Tec Moved to Item #10F 2) Recommendation to reject Bid No. 03 -3468 for pump and motor repair. 3) Approve selection committee ranking of firms for contract negotiations for RFP 03 -3462 "Fixed Term Professional Planning Services for Right -of -Way Acquisition" (estimated dollar amount of contract not to exceed $500,000 annually per firm). TBE Group; RWA Consulting; Coastal Engineering; George F. Young, Inc.; Q.Grady Minor 4) Approval of the Preferred Provider Payor Organization Agreement portion of the Managed Care Agreement between Community Health Partners and Collier County. 5) Request Board approval for public safety radio system expenses associated with the reconstruction of two (2) FDOT radio towers that the County currently leases space on at total cost of $171,658. To Communications International, Inc. to Install. equipment at Miles City Tower and to Goff Communications to remove equipment at Miles City Tower and 63- mile marker sites. 13 April 8, 2003 6) Approval to opt -out of a formal managed care arrangement for Workers' Compensation insurance pursuant to changes in the Florida Workers' Compensation Statutes, Chapter 440.0 County to opt -out of managed care but continue to utilize WorkCare for Case Management Services 7) Approval to award Work Order #VC -02 -06 under RFP #02 -33491 General Contractors Services, to Varian Construction Company for the partial renovations of the 6th floor of the Courthouse for the Clerk of Courts Criminal and Civil Departments in the sum of $156,800. 8) Request Board approval of a lease agreement between Collier County and American Tower, L.P. at an annual cost of $24,768. Lease for antennas on existing tower and radio equipment shelter in the Corkscrew Area 9) Report to the Board of County Commissioners concerning the sale and transfer of items associated with the County Surplus Auction of March 15, 2003, resulting in $285,637.25 in net revenues. Donations of items on list A -1 to Civil Air Patrol F. COUNTY MANAGER 1) To approve a budget amendment in the amount of $253,926 to transfer funds from the landscaping and irrigation project to the U.S. 41 North Phase II Landscaping Project. (Pelican Bay Services) 2) Recommendation to establish a combined minimum net present value savings target of 5% in anticipation of a current refunding of the Collier County Water -Sewer District, Water and Sewer Refunding Revenue Bonds, Series 1994A and Series 1994B. 3) Recommendation to extend the vacation accrual cap for Emergency Management Department Director, Kenneth Pineau. G. AIRPORT AUTHORITY H. BOARD OF COUNTY COMMISSIONERS 14 April 8, 2003 Withdrawn 1) Commissioner Henning request for approval for payment to attend Water Symposium 2003 as serving a valid public purpose. I. MISCELLANEOUS CORRESPONDENCE 1) Miscellaneous items to file for record with action as directed. J. OTHER CONSTITUTIONAL OFFICERS K. COUNTY ATTORNEY 1) Approve the Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 176 in the lawsuit styled Collier County v. Big Corkscrew Island Fire District, et al, Immokalee Road, Project No. 60018. Staff to deposit $17,804.37 into the Court Registry 2) Approve the Stipulated Order of Dismissal as to Parcel 908 in the lawsuit entitled Collier County v. Jessie M. Durden, et al, (Santa Barbara Sewer Force Main Interconnect — Project 73132) at a cost of $1,500. Staff to pay $1500.00 to Marco Oates, Esquire, upon entry of the Stipulated Order of Dismissal by the court 3) Approval of the Stipulated Order of Taking and Stipulated Final Judgment relative to the Fee Simple Acquisition of Parcel 137 in the lawsuit entitled Collier County v. Edward Stanley Sanditen, et al, ( Immokalee Phase II Project). Staff to deposit $4,500.00 into Registry of the Court 4) Approve the Offer of Judgment relative to the Fee Simple Acquisition of Parcel 110 in the lawsuit styled Collier County v. Northside Construction Company, et al, Case No. 00- 0136 -CA (Pine Ridge Road Project #60111). Staff to deposit $357,800.00 into the Registry of the Court. 5) Recommendation that the Board ratify and authorize the County Attorney's retention of expert witnesses and consultants for the County in the lawsuit entitled Collier County v. Northside 15 April 8, 2003 Construction Company, et al, (Pine Ridge Road Project), exempt the County Attorney from the purchasing policy if and to the extent the purchasing policy is applicable, and authorize the Chairman to sign any necessary retention documents. 6) Recommendation that the Board of County Commissioners approve and execute a corrective release of lien arising out of an order imposing fine /lien in Code Enforcement Board Case entitled Board of County Commissioners v. Wendall L. Kramer, Salvatore F. Angileri, and Salvatore C. Grech. 17. SUMMARY AGENDA - THIS SECTION IS FOR ADVERTISED PUBLIC HEARINGS AND MUST MEET THE FOLLOWING CRITERIA: 1) A RECOMMENDATION FOR APPROVAL FROM STAFF; 2) UNANIMOUS RECOMMENDATION FOR APPROVAL BY THE COLLIER COUNTY PLANNING COMMISSION OR OTHER AUTHORIZING AGENCIES OF ALL MEMBERS PRESENT AND VOTING; 3) NO WRITTEN OR ORAL OBJECTIONS TO THE ITEM RECEIVED BY STAFF, THE COLLIER COUNTY PLANNING COMMISSION, OTHER AUTHORIZING AGENCIES OR THE BOARD, PRIOR TO THE COMMENCEMENT OF THE BCC MEETING ON WHICH THE ITEMS ARE SCHEDULED TO BE HEARD; AND 4) NO INDIVIDUALS ARE REGISTERED TO SPEAK IN OPPOSITION TO THE ITEM. FOR THOSE ITEMS, WHICH ARE QUASIJUDICIAL IN NATURE, ALL PARTICIPANTS MUST BE SWORN IN. A. SE -03 -AR -3777, an Ordinance amending Ordinance 02 -07, the Richland PUD to correct a scrivener's error in Section 6.4 — Development Commitments, Transportation paragraph number 8 of the Richland PUD that is located on the southwest corner of Immokalee Road (C.R. 846) and Collier Boulevard (C.R. 951), in Section 27, Township 48 South, Range 26 East, Collier County, Florida. Ordinance 2003 -13 B. VA- 2002 -AR -3418, Roland and Stella Ricard requesting an after - the -fact variance of 1.5 feet from the minimum rear yard setback of 20 feet to 18.5 feet for a screened enclosure addition to a single family dwelling for property located at 109 Bordeaux Circle, further described as Riviera Golf Estates, Unit 2, Lot 489, in Section 17, Township 50 South, Range 26 East, 16 April 8, 2003 Collier County, Florida. Resolution 2003 -137 Moved to Item #8C C. Petition AVPLAT2003- AR3636 to disclaim, renounce and vacate the County's and the Public's interest in two 10 foot wide drainage easements located in Tract "P ", according to the plat of "Tarpon Bay" as recorded in Plat Book 36, pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay ", located in Section 30, Township 48 South, Range 26 East. Moved to Item #7B D. VA- 2002 -AR -3381, David M. Corban, requesting an after - the -fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. 18. ADJOURN INQUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA SHOULD BE MADE TO THE COUNTY MANAGER'S OFFICE AT 774 -8383. 17 April 8, 2003 f 2A AGENDA CHANGES BOARD OF COUNTY COMMISSIONERS' MEETING April 8. 2003 Add Item 4D: Proclamation to endorse and support the Collier County /City of Naples Underground Damage Prevention Task Force in their efforts to protect underground utilities. (Staff request.) Add Item 6A: Request by the Naples Airport Authority to discuss support of the Stage 2 ban by filing an amicus curaine brief with the FAA (FAA Docket No. 16 -01- 15). (Staff request.) Withdraw Item 913: Appointment of members to the Bayshore /Gateway Triangle Local Redevelopment Advisory Board by the Board of County Commissioners and the CRA. (Staff request.) Withdraw Item 913: Discussion regarding a proposed ordinance related to abandoned shopping carts in Golden Gate Community. (Commissioner Henning.) Continue Item 10B to 5/13103 BCC meeting: To present findings of a school zone speed review and request Board direction to take affirmative action to bring school speed zones in Collier County into compliance with state guidelines. (Commissioner Henning request.) Continue 16(B)2 to 4/22/03 BCC meeting: Staff recommendation that the Board of County Commissioners conditionally accept recorded easements and deeds for Whippoorwill Lane; and approve an indemnification agreement; and accept provision of cash escrow. All matters pertain to the land acquisition and construction of a roadway on the property accepted by the County for construction by private parties of Whippoorwill Lane. (Petitioner request.) Move Item 16(C)2 to 10D: Approve a work order under Contract #01 -3271, Fixed Term Professional Engineering Services for Coastal Zone Management Projects, with Humiston and Moore Engineers, Inc., for the annual monitoring of Hideaway Beach and t- groins, Project 90006, in the amount of $87,492. (Commissioner Coletta request.) Move Item 16(D)3 to 10E: Approve a supplemental TDC Category "A" grant application, budget amendment and tourism agreement amendment for Lowdermilk Park Renovation, in the total amount of $150,000. (Commissioner Henning.) Move Item 16(E)2 to 10F: Recommendation to reject Bid No. 03 -3468 for pump and motor repair. (Staff request.) Withdraw Item 16(H)1: Commissioner Henning request for approval for payment to attend Water Symposium 2003 as serving a valid public purpose. (Commissioner Henning request.) t2A Move 17C to 8C: Petition AVPLAT2003- AR3636 to disclaim, renounce and vacate the County's and the Public's interest in two 10 foot wide drainage easements located in Tract "P ", according to the plat of "Tarpon Bay" as recorded in Plat Book 36, pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay ", located in Section 30, Township 48 South, Range 26 East. (Commissioner Halas request.) Move 17D to 8D: VA- 2002 -AR -3381, David M. Corban, requesting an after - the -fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Commissioner Coyle request.) Note: Replacing Change Order page #4 for Item 16(B)10 PROCLAMATION WHEREAS, in 2001 Collier County became an "entitlement" recipient of Federal Funds from the U.S. Department of Housing and Urban Development (HUD) under the Community Development Block Grant (CDBG) Program; and, WHEREAS, Collier County certified that it will affirmatively further fair housing opportunities and will work to identify and remove impediments to fair housing choices; and, WHEREAS, Collier County's Consolidated Plan One -Year Action Plan FY 2003- 2004, outlines fair housing initiatives that will be undertaken which include education and outreach campaigns to further fair housing choices for Collier County residents; and, WHEREAS, Title VII of the Civil Rights Act of 1964 and the Fair Housing Act of 1968, as amended, prohibit the discrimination in the sale, rental and financing of dwellings based on race, color, religion, sex, national origin, handicap or famillg4 g#gtf( and, WHEREAS, the Hoe then opt r of C has a rch inittatiYe a >e s {a�tltki; be �oclatlyh oard of Con unty, Florida that, t Qnl of April be Fair Ho use: $► Motl'Qllier Count D THIS 8.1 OFAPRIL 2003. ATTEST.• 1 DWIG E BROCK, CLERK n 2 Ai Of 0 PROCLAMATION 4 B WHEREAS, Collier County has been a site for the award winning FastTrac Planning' and FastTrac New Venture' Programs through the Collier County University of Florida Extension Service for seven years; and, WHEREAS, FastTrac is funded by The Ewing Marion Kauffman Foundation, our country's largest and most prestigious entrepreneurship education foundation; and, WHEREAS, small business is the backbone of the Collier County economy and a major thrust of economic development; and, WHEREAS, more than 300 individuals and businesses have graduated from FastTrac programs offered by the University Extension Department in Collier ,County; and,,rt, WHEREAS, the Veter ©ns CQrpaiidiori hrcjt`he service and importance: the `Veterans of Coll! Vouand, ATTEST: DWI E. BROCK, CLERK i BOARD OF COUNTY COMMISSIONERS COLLIER COUN FLORIDA TOM HENNING, AN t" 4 C "" PROCLAMATION WHEREAS, the United States and its allies currently have more than one quarter of a million troops actively engaging hostile forces within Iraq; and, WHEREAS, these forces fielded by the United States represent elements of every branch of service, including reserve units and national guard units; and, WHEREAS, these forces include men and women from the State of Florida and Collier County; and, WHEREAS, their courage and bravery should be saluted for fighting to protect the freedom we enjoy in our daily lives; and, WHEREAS, in reco9%;RpRi rt, g our troops, we also wish to share 00 L I t g;of those serving our And TOM HENNING, CHA TEST: DWIGH E. BROCK, CLERK F"4D,y PROCLAMA TION WHEREAS, each year in Florida, lives are endangered, money and time are wasted and property is destroyed because people fail to have underground facilities located before engaging in excavation or demolition; and, WHEREAS, Governor Jeb Bush recently issued a proclamation endorsing the protection of underground utilities; and, WHEREAS, the Sunshine State one -call center is the one-call agency that notifies participating utility agencies of plans to engage in excavation or demolition, and this underground protection system is a free service to contractors as well as homeowners digging in, their yard, and, WHEREAS, Collier County and : the ."�Rof 1jp /es is recognizing the Task Force as that group of yiNi�t�r ,vv�d: thot are involved in protecting their undeiid.4f+f /i�r,rnd the community's infrastmcture through edu trot erfc rxtent; and, ytaite WHEREAS, Collier county and sthetity� of /1%p /es enforcement and compliance with Florida 500futes of d /ova/ t of nances with regard, to protectitl.0 0*ryeouqd Futilities, WHEREAS, pursuarr to F/oridct StctCues,. anyone p/annmg t� %�;�rny type of excavation or ;demolition C or 5l personrte! to t be Gent : to nlvrk;' the x loco Lion o,�round facies'at no cost iv.14h e inquiring party' 3 NOW THEREFORE "be rt jac /airied by -the"" Commissioners of Collier County„ � Flortda, : "ondorse u�qf su, p rrt ; he Collier County /City ` luap /es'(.tdrrorrram►9e Prevention Task Force in their`Efforts totct. `rtldei'ground utilities. DONE AND ORDERED THIS 8th Day of April, 20103. A TTEST.• DWI6 E. BROOK, CLERK i BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Fred Reischl ate: (� 3 r Petition No. (If none, give brief description): VA- 2002 -AR -3381, David Corban Petitioner: (Name & Address): David M. Corban, 2832 Arbutus St., Naples, FL 34112 "7B Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: April 8, 2003 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: VA-2002-AR-33 8 1, David M. Corban, requesting an after - the -fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113 - 138312- 649110 viewed by: Approved by: Departme ead Date County Manager Date List Attachments: DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to D Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 316/03 Date of Public hearing: 4 /81D3 Date Advertised: 3[25 tO3 P RESOLUTION NO. 03— RELATING TO PETITION NUMBER VA- 2002 -AR -3381, FOR AN AFTER- THE -FACT VARIANCE OF 16.5 FEET FROM THE REQUIRED REAR -YARD SETBACK OF 20 FEET TO 3.5 FEET FROM THE PROPERTY LINE FOR AN EXISTING HOUSE CONSTRUCTED OVER A DRAINAGE CANAL AND WATERWAY EASEMENT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after - the -fact variance of 16.5 feet from the required rear -yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A ", in an "RMF -6" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2002 -AR -3381 filed by David M. Corban with respect to the property hereinafter described as: The North 65 feet of the West 1/2 of Tract 4, Whitehurst's Replat, as recorded in Plat Book 5, Page 1, of the Public Records of Collier County, Florida 1 be and the same hereby is approved for an after - the -fact variance of 16.5 feet from the required rear -yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A ", in an "RMF -6" Zoning District wherein said property is located, subject to the following conditions: BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3381 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 2003. ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form and Legal Sufficiency: Marjorie N . Student Assistant County Attorney VA- 2002 -AR -3381 /FR/sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM HENNING, CHAIRMAN N -1 ",W wvnicnvvni rnocm=lvI VA- 2002 -AR -3381 Proposed footprint Exhibit "A" r■ � OF BANK PLAN OF LIVING AREA CORBAN RESIDENCE 2832 ARBUTUS ST. NAPLES, FL 5' 20' %7 0' 10' 2 March 7, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA- 2002 -AR -3381, David M. Corban Dear Georgia: Please advertise the above referenced petition on Sunday, March 23, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Trish Morgan, Deputy Clerk P.O. /Account # 113 - 138312- 649110 r NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 8, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA- 2002 -AR -3381, David M. Corban, requesting an after - the -fact variance of 16.5 feet from the required rear yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) O� qHE ClIi�,GlT U y COMM Dwight E. Brock Clerk March 7, 2003 David M. Corban 2832 Arbutus Street Naples, FL 34112 County of Collier CLERK OF THE CIRCUIT COURT COWER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101 -3044 Re: Notice of Public Hearing to consider Petition VA- 2002 -AR -3381 Dear Petitioner: w CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure i] Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3381, David Corban Yfi Georgia, (Please place the attached advertising into the newspaper on Sunday, March 23. Thanks, Trish Winutes dT, Wpcords VA- 2002 -AR -3381. VA- 2002 -AR -3381. doc doc 7B Patricia L. Morgan From: postmaster @clerk.collier.fl. us Sent: Friday, March 07, 2003 1:23 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) [] O ATT113765.bct Advertising - JA- 2002 -AR- 3381,.. 7riis is an automatically generated Defivery Status Notification. Tour message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. legals@naplesnews. com Patricia L. Morgan From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 07, 2003 1:13 PM To: Patricia L. Morgan Subject: Delivered: Advertising - VA- 2002 -AR -3381, David Corban LLJ Advertising - JA 2002 -AR- 3381,.• «Advertising - vA -2002 Al2- -3381, (David Corban>> Tour message 7o: Georgia (E -mail) Subject. Advertising - vA -2002 A - -3381, David Corban Sent: Fri, 7 5far 2003 13:23:11 -0500 was defivered to the foffowing recipient(s): fegafs on Fri, 7 star 2003 13:13:26 -0500 Advertising - VA- 2002 -AR -3381, David Corban Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Friday, March 07, 2003 2:08 PM To: Patricia L. Morgan Subject: RE: Advertising - VA- 2002 -AR -3381, David rcvd to run 3/23 georgia - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan@clerk.collier.fl.us] Sent: Friday, March 07, 2003 1:23 PM To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3381, David Corban affi Georgia, (Please place the attached advertising into the newspaper on Sunday, 914arch 23. Thanks, Trish Minutes c, Records «VA- 2002- AR- 3389.doc>> «VA- 2002- AR- 3381.doc>> 3/7/2003 Page 1 of 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58627873 NOTICE OF PUBLIC HEA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the po3t office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 03%23 AD SPACE: 107.000 INCH FILED ON: 03/24/03 Signature of Affiant /✓ Sworn to and Su3scribed a me ay of Personally known by me �� 7 X,sy r 1 ;�irr xr:; atbf)' 7 i. 1iJ05 Persons wishing to have written or graphic ma- terials Included In the Board agenda packets must submit sak al a minimum of 3 on ODYS prior to me Put lic hearing, All materic used In presentations be fore the Board will be come a permanent pai of the record. 1ny person who decide to a peal a cision c tr 11 cord 0 the proceeding pertaining thereto an therefore, may need 1 ensure that a verbatir record of the pro4eec Ings Is made, which re cord Includes the test many and evident BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOOAMN HENNING, CHAIR- DWIGHT E. BROCK, CLERK By: /s /Patricla L. Mor• 1 "' 7B RESOLUTION NO. 03— 13 8 RELATING TO PETITION NUMBER VA- 2002 -AR -3381, FOR AN AFTER- THE -FACT VARIANCE OF 16.5 FEET FROM THE REQUIRED REAR -YARD SETBACK OF 20 FEET TO 3.5 FEET FROM THE PROPERTY LINE FOR AN EXISTING HOUSE CONSTRUCTED OVER A DRAINAGE CANAL AND WATERWAY EASEMENT ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of an after - the -fact variance of 16.5 feet from the required rear -yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A ", in an "RMF -6" Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented. NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2002 -AR -3381 filed by David M. Corban with respect to the property hereinafter described as: The North 65 feet of the West 1/2 of Tract 4, Whitehurst's Replat, as recorded in Plat Book 5, Page 1, of the Public Records of Collier County, Florida 1 be and the same hereby is approved for an after - the -fact variance of 16.5 feet from the required rear -yard setback of 20 feet to 3.5 feet from the property line for an existing house constructed over a drainage canal and waterway easement as shown on the attached plot plan, Exhibit "A ", in an "RMF -6" Zoning District wherein said property is located, subject to the following conditions: BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3381 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this 84 day of AA 8j , 2003. ATTEST', DWIpfi E: BR60K, CLERK 9%te 5t� Chaim" 93 sNnature- 1 j . Approved as-to Form and Legal Sufficiency: n/Aa Marjorie 4. Student Assistant County Attorney VA- 2002 -AR -3381 /FR/sp BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: TOM I N G,t H A I R M (44 -03 2 � XML nU '4u VV I CRYYHT CA2aWAM 1 VA- 2002 -AR -3381 Proposed footprint Exhibit "A" OF BANK PLAN OF LIVING AREA CORBAN RESIDENCE 2832 ARBUTUS ST. NAPLES, FL 5' 20' %7 Q' 10" LP COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: Normal legal Advertisement (Display Adv., location, etc.) X Other: See Attached Aj4 , C�t •rN�,� Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Marcia Kendall Date: 3/24/2003 Petition No. (If none, give brief description): CP- 2002 -1, CP- 2002 -3, CP- 2002 -4, CP- 2002 -5, CPSP- 2002 -6, CPSP- 2002 -7, CPSP- 2002 -8, CPSP - 2002 -9, CPSP- 2002 -10, CPSP- 2002 -11. Petitioner: (Name & Address): Karen Bishop, PMS of Naples, 2335 Tamiami Trail, Suite 408, Naples, FL 34103, John B. & Dora A. McMullen2565 Royal Liverpool Drive, Tarpon Springs, FL 34689, Robert Duane, Hole Montes, Inc., 950 Encore Way, Naples, FL 34110, Gerald A> McHale, Jr., Trustee, Naples Gateway Land Trust, 1601 Jackson Street, Suite 200, Ft. Myers, FL 33901, Bill & Mary Grant, 820 Livingston Road, Naples, FL 34104, Anthony P. Pires, Jr., Woodward, Pires, Lombardo, P.A., 3200 Tamiami Trail North, Suite 200, Naples, FL 34103, D. Wayne Arnold, Q. Grady Minor & Associates, P.A., 3800 Via Del Rey, Bonita Springs, FL 34134, Bryan Paul, et al and Bryan Paul Citrus, Inc., P.O. Box 2357, Highway 78A, Labelle, FL 33935, Robert Mulhere, RWA Consultants, Inc., 3050 N. Horseshoe Drive, Suite 270, Naples, FL 34104, Brian Mansour, Managing Agent, Woodfield Builders, LLC, 6604 Ridgewood Avenue, Naples, FL 34108, Randy I. & Lorrie J. Johns, 426015`' Avenue SW, Naples, FL 34116, Edward Fahey 5625 Taylor Road, Naples, FL 34109. Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Hearing before XXX BCC BZA Other Requested Hearing date: April 8, 2003, Based on advertisement appearing 10 & 7 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News Other Proposed Text: (Include legal description & common location & Size: See Attached ❑ Legally Required Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee include advertising cost? X Yes ❑ No If Yes, what account should be charged for advertising costs: 111- 138317- 649110 Re 'wed by: r Approved by: 3 --1/6 -6-s — Division Head Oor Date County Manager List Attachments: BCC Advertisement Request, Resolution, Back up material DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ❑ County Manager agenda file: to ❑ Requesting Division Clerk's Office ❑ Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: l •j Date Received: 3 /`4 Date of Public hearing: d Date Advertised. • RESOLUTION NO. 03- A RESOLUTION PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE IMMOKALEE AREA MASTER PLAN, THE POTABLE WATER SUB - ELEMENT AND SANITARY SEWER SUB - ELEMENT OF THE PUBLIC FACILITIES ELEMENT, THE GOLDEN GATE AREA MASTER PLAN AND THE GOLDEN GATE FUTURE LAND USE MAP AND MAP SERIES, THE CAPITAL IMPROVEMENT ELEMENT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared Plan Amendments to the following elements of its Growth Management Plan: and Future Land Use Element, including the Future Land Use Map and Map Series Golden Gate Area Master Plan Element, including the Golden Gate Future Land Use Map and Map Series Immokalee Area Master Plan Element Potable Water Sub - Element of the Public Facilities Element Sanitary Sewer Sub - Element of the Public Facilities Element Capital Improvement Element; WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Florida Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of Words underlined are additions; Words stF6lGk thFG61gh are deletions 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board Of County Commissioners of Collier County, Florida, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J -5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion, second, and majority vote this day of 2003. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency: 4% Marjorie M. Student Assistant County Attorney TOM HENNING, CHAIRMAN Transmittal Reso 2002 cycle G, Comp, Comp Plan Amendments, 2002 cycle kn- dw/3 -25 -03 2 Words underlined are additions; Words GtFUGk thmugI4 are deletions LOOK Exhibit A FUTURE LAND USE ELEMENT CP- 2002 -1 1. Mixed Use Activity Center Subdistrict [revises text, page 19] 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Centers # 3 and #7- is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center.,-; the balance of the of the land uses area shall be for residential and /or community facility uses faeilit+es. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center; the balance of the land area shall be for residential and /or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185,000 square feet of the following uses: personal indoor self - storage facilities; offices for various contractor /builder construction trade specialists inclusive of the offices of related professional _disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects engineers, land surveyors and attorneys; mortgage and land title companies; related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores; management associations of various types of buildings or provide services to buildings /properties and fitness centers; warehouse space for various contractor /builder construction trades occupants. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and /or community facility uses faG"ities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and /or community facilities. Exhibit A, CP- 2002 -1, AC #7 per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle jj- dw /3 -18- 03/3 -24.03 Words underlined are added; words err„ek th=ough are deleted. T- 9 1 a U O W C ¢ W � N c W m N ¢ W A T 46 S T 47 S T 46 S � 1 #33 ¢ i R gsa a fit COD :5 � W m w � z F N 0 � 31 III \ r LU V ■� ■ ❑ ■ ❑a <�❑j❑❑77❑ W $tigS3 O N p N9 I., W S !i 1 Y� ¢ �S ❑0 ® ®a�em�❑■■■ & €w2;2z W C ¢ W � N c W m N ¢ W A � 1 #33 ¢ III R a fit COD :5 � W m w � 1 N 0 � 31 III \ r LU V W � N L S 9t 1 S !i 1 T 46 S I T 50 S T 51 S I T 52 S , iNAIDD OLMMCHfl � W a O U Z d m Z T 53 S 8 A -11 N:107 3000 I ¢ I C I N ¢ W W ¢ W J O h rt i Mex2CO via w gv Gul f of a U 1W � 1 #33 R III R a fit � 11 1 III II'�II!I �i�l�lll 31 III tq�C�,pf ' _ 'kB rE���it i Mex2CO via w gv Gul f of a U 1W � 1 #33 R III R a G =� N H ff8a S S 4 1 18 6 v 1 I 3 119 1 I S LS 1 I S ZS 1 I S E 9 1 17 c7 F CO x W Q - - i -- d - - - - - -- o a gR� U I C W V tti f z fn O 9 ~0 Z U) Z , z 5 9 �a p I- iTi Y Uo LU N U N y ma Z $ Z x w x CbY 1 1J CO) a w o m 8 Q a°• wn a 3c w• - va - - i -- d - - - - - -- o gR� U I a°• wn a 3c w• - va I - - i -- d - - - - - -- o C a� i I Q arwan ■ � � • ri au aroY awa a so �w - .y� E {i �3 a� a� a� F F g p v g m i i i Q arwan ■ � � • ri au aroY awa a so �w - .y� E {i �3 a� a� a� F F g p v g m 8A Exhibit A GOLDEN GATE AREA MASTER PLAN C P- 2002 -03 Policy 1.1.1: [revised text: page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. Golden Gate Commercial In -fill Subdistrict C. Commercial Under Criteria Subdistrict d. Interstatechange Activity Center Subdistrict e. Pine Ridge Road Mixed Use Subdistrict e-f. Santa Barbara Commercial Subdistrict fig, Golden Gate Parkway Professional Office Commercial Subdistrict 4) Interstatechange Activity Center Subdistrict [revised text: page 18] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interchangestate Activity Center at 1 -75 and Pine Ridge Road as detailed in the County -wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County -Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. 5) Pine Ridge Road Mixed Use Subdistrict [new designation and revised text: page 18] Adjacent to the this Interchange Activity Center on the west side of 1 -75 and on the north side of Pine Ridge Road is a property comprising 1279 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use SubdOistrict and consists of Tracts 1 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use Subd9istrict t4is- triet is to provide for a mix of both retail and office uses to provide for shopping,- and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner alona a collector roadway, Livingston Road. Well- planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office related uses on 45 13.2 acres are permitted within the eastern portion of this property which includes a portion of Words underlined are added; words sticuek threugh are deleted. •1 Tract 28 and a portion of Tract 13. .; fasilit+es— A maximum of 80,000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C -3) of the Collier County Land Development Code as of the effective date of the adoption of this Subdistrict rafter adoption, the correct date and Ordinance # will be substituted in this sentencel, are permitted within the western 10.52 acres of this property. The C -3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. A rezone to Ssuch permitted principal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property iR its entirety, with special attention to be provided for shared access; . wWater management, uniform landscaping, signage, screening and buffering, will be provided at the time of rezoning to ensure compatibility with nearby residential areas, and subject to the following additional criteria: • There shall be no access onto Livingston Woods Lane_ • There shall be a minimum tandsseped -b6i#feF setback area along the north and west property saes line of 75 feet;_ • Driveway access, parking and water management facilities may be allowed within the 75' buffer setback area along the north property line but none of these uses shall be located closer than 30 feet to the wester north property line-*,. and • No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted;_aPA • The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. • Within the western 10.52 acres, a loop road /easement will be constructed through the property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this AGtivity G9RtGF beURdary Subdistrict. Exhibit A, CP- 2002 -3, PRMUSubd. per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle gh- dw/3 -25 -03 Words underlined are added; words strue .- threidgh are deleted. I� h 10cn 0 E^ GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND ® INFILL COMMERCIAL E SETTLEMENT AREA - MAY 19, 1992 G RO PM RBNi.0. AMENDED ■ ACTIVITY CENTER YDM USE ESAT SLATE - MARCH 14, 1995 GOLDEN LATE P F SUBDISTRICT AMENDED ■ PROFESSIONAL OFFICE COMMERCIAL DISTRICT SANTA BARBARA COMMERCIAL AMENDED - FEBRUARY 23. 1999 AMENDED SIIBDISTR ICT SANTA BARBARA - MARCH 13, 2001 7 G.G. NEIGHBORHOOD CENTERS ❑ COMMERCIAL SUBDISTRICT a ❑ URBAN RESIDENTIAL x t , 0 a ■ RANDALL BOULEVARD COMMERCIAL DISTRICT % DENSITY BAND ■ PINE RIDGE ROAD MIXED USE SUBDISTRICT OVERLAY NRPA INTERCHANGE ACTIVITY CENTER AS DESCRIBED IN COUNTY WIDE COMPREHENSIVE PLAN. NOTE: THIS MAP CANNOT BE INTERPRETED WTHOUT THE GOALS, OBJECTIVES. POLICIES AND LAND USE DESIGNATION DESCRIPTION - SECTION OF THE GOLDEN GATE AREA MASTER PLAN, NAPLES IMMOKALEE ROAD V ANDERBILT BEACH RD. EXT. Q ..7 m z ppa PIN R DGE RD. O V) Q E AMENDED - MAY 19, 1992 G RO PM RBNi.0. AMENDED - JULY 27. 1993 AMENDED YDM USE AMENDED - MARCH 14, 1995 PC SUBDISTRICT AMENDED Ey C7 2 SANTA BARBARA COMMERCIAL AMENDED - FEBRUARY 23. 1999 AMENDED SIIBDISTR ICT AMENDED - MARCH 13, 2001 7 G.G. PKWY. a H= x 0 a x GOISEN OATe ARiwwY� coRNExaAL DAV]S BLD. EX . I � E� E'I 9 l!! T� 9!t GOLDEN GATE FUTURE LAND USE MAP ADOPTED - FEBRUARY, 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27. 1993 AMENDED - APRIL 12. 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27, 1997 AMENDED - APRIL 14, 1998 AMENDED - SEPTEMBER 8. 1998 AMENDED - FEBRUARY 23. 1999 AMENDED - MAY 9. 20DO AMENDED - MARCH 13, 2001 AMENDED - MAY 14, 2002 > � rn a a � U WHITE BLVD. O a 6 W o °P m � W � a a O EXHIBIT "A" CP- 2002 -3 W' GOLDEN GATE ARE BA FUTURE LAND USE MAP NAPLES IMMOKALEE ROAD oR p GOLDEN GATE O BALL BOULEVARD C U1l D18TRiCl S.R. -84 0 1 MI. 2 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGFLU -CP- 2001- 01 -B.DWG DATE: 2/2003 PLOT: AUTOCAD.PAL R26E I R27E in a W ..7 m fil A a a 0 w w A C a W a s q0 �1 0 R28E s � a N �I & �g r n 4' d" 5 7g a� SG -i 31Y15tl3lNl 7 e C CL a s� W g� W usiu IAA atlVATlgB Y a� W W a c a C s � g aQ a � W -I --.. 1'11''1!! "1,1''' ■ C min ME g 0 z Q E F A z � UAW U �Q� d U O Q O � W C7 W � A A w z W z a a, O S a FS w�N H O t- j w O � U O< V S 1 = W C U R �Z<a cv <WC� vat ao� �oo Z N � W K O < O U O Exhibit A GOLDEN GATE AREA MASTER PLAN ELEMENT CP- 2002 -4 .. .- 3. AGRICULTURAURURAL DESIGNATION - SETTLEMENT AREA DISTRICT [page 34] Settlement Area District In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty -one hundred (2,100) dwelling units and twenty -two (22) acres of neighborhood commercial uses and hotel /motel use are "vested." This area is now known as the Orange Tree PUD and the types of uses permitted are desGrib include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizeds the property as an area which, is while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential service. and whi& is GUFFeRtly Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above - referenced vested status. The geographic €expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), in , shall be prohibited. di6GGuFaged. Its exosteRGe will have Re pFeGedeRtial value eF effeGt GO far as justifying similaF 616GS The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. Exhibit A, CP- 2002 -4, Rural S.A. District per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw/3 -24 -03 Words underlined are added; words striaek ~_h_o g-h- are deleted. Exhibit A FUTURE LAND USE ELEMENT CP- 2002 -5 0 1 3. Urban Residential Fringe Subdistrict: [revised text, page 20] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may be requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.7.7 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. Within the Urban Residential Fringe, rezone requests consistent with the maximum densities identified above are not subject to the density rating system, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; aPA b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off - site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made necessary by new development in the area; and, C. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.7.7 of the Land Development Code, except that the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30 %). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 1. Property located on the East side of Collier Boulevard (C.R. 951) approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864) in Section 23, Township 50 South, Range 26 East, Collier County Florida and further described as follows: THE NORTH 1/2 OF THE SOUTHWEST 1/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a AND THE NORTHWEST 1/a OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/ OF THE SOUTHWEST 1 /a, LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST, COLLIER COUNTY, FLORIDA LESS THE WEST 100 FEET THEREOF AND; Words underlined are added; words st_uek t'_:_eugh are deleted. THE NORTHEAST 1/a OF THE SOUTHEAST 1/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA AND; THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/ SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/ SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA, AND; THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND; THE SOUTHWEST 1/a OF THE SOUTHWEST 1/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1 /a, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST 1/a OF THE NORTHWEST 1/a OF SOUTHWEST 1/a LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND; THE NORTH 1/2 OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/ OF THE SOUTHWEST 1 /a, LESS THE WEST 100 FEET OF SECTION 23, TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND: THE EAST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a LESS THE NORTH 328.19 FEET OF SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA. CONTAINING 55 ACRES, MORE OR LESS. Words underlined are added; words strde_: threugh are deleted. f DENSITY RATING SYSTEM [revised text, page 31 ] This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive and those properties specifically identified within of the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural /Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoning 2. Proximity to Mixed Use Activity Center or Interchange Activity Center 3. Affordable Housing To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91 -102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with RGIOG Y 13.12 Objective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural /Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.7.7 of Land Development Code. Exhibit A, CP- 2002 -5, URF per CCPC rec. G, Camp, Comp Plan Amendments, 2002 cycle ii- dw /3 -18- 03/3 -24 -03 Words underlined are added; words st-i -uek L-ough are deleted. • • Exhibit A GOLDEN GATE AREA MASTER PLAN CPSP -02 -6 Policy 1.1.1: [added text: page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. Golden Gate Urban Commercial 4 -W Subdistrict C. Commercial Under Criteria Subdistrict d. IRterstate Interchange Activity Center Subdistrict e. Pine Ridge Road Mixed Use Subdistrict Of. Santa Barbara Commercial Subdistrict fg,. Golden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: [added text: page 5] The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. Neighborhood Center Subdistrict C. Randall Boulevard Commercial Subdistrict d. Commercial Western Estates Infill Subdistrict de. Conditional Uses Subdistrict f. Southern Golden Gate Estates Natural Resource Protection Area Overlay C1. Golden Gate Urban Commercial Subdistrict GOAL 3: [new text: page 10] PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE RURAL NEEDS OF GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS AND PRESERVING RURAL CHARACTER. 1 Words underlined are added; words tst -i-d k th _„ Jh are deleted. l OBJECTIVE 3.1: [new text: page 10] The Dlacement and designation of Neiqhborhood Centers within Golden Gate Estates shall meet locational and rural design criteria, to be established as part of the Phase II Golden Gate Area Master Plan Restudy Amendments, to be transmitted during the 2003 Plan Amendment Cycle. Policy 3.1.1: [new text: page 10] Neighborhood Centers within Golden Gate Estates shall be subject to the locational and rural design criteria established within the Estates - Mixed Use District, Neighborhood Center Subdistrict. (2) Golden Gate Urban Commercial In-fill Subdistrict [revised text: page 16] This Subdistrict is located at the southwest quadrant of C.R. 951 and Golden Gate. Due to the existing zoning and land use pattern in this Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity Uansitieaal commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan);. C) Projects within the iR foil aF this Subdistrict shall be GRGGuraged te make provisions for shared parking arrangements with adjoining commercial developments when appl+sabie appropriate;_ d) Driveways and curb cuts for projects within the Gernmer6al IR fell aFea this Subdistrict shall be consolidated with adjoining commercial developments;, and e) Access to projects shall not be permitted from GR-951 Collier Boulevard. 4) Interchange inteFState Activity Center Subdistrict [revised text: page 18] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interstatechange Activity Center at 1 -75 and Pine Ridge Road as detailed in the County -wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County -Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. beuRdwy Words underlined are added; words st th__._Jh are deleted. 5) Pine Ridge Road Mixed Use Subdistrict [revised text: page 18] Adjacent to the th+& Interchange Activity Center on the west side of 1 -75 and on the north side of Pine Ridge Road is a property comprising 12.79 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subd9istrict and consists of Tracts 1 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. Within this Subdistrict no more than 35,000 square feet of office_ related uses on 5 acres are permitted within the eastern portion of this property. The property in its entirety is also permitted to be developed with the following Conditional Uses of the Estates Zoning District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A -5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and ch. 4 -183 F.A.C.; schools; churches; and child and adult day care facilities. Such permitted uses shall be encouraged to be submitted as a Planned Unit Development for the subject property in its entirety, with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the following additional criteria: • There shall be no access onto Livingston Woods Lane_ • There shall be a minimum landscaped buffer along the north aad -guest property 4Res line of 75 feet;_ • Driveway access, parking and water management facilities may be allowed within the 75' bu##eF setback area along the north property line but none of these uses shall be located closer than 30 feet to the west or north property line;_ a+44 • No automobile parking, homeless shelters or soup kitchens shall be permitted;_aPA • The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area;_ See Map 6 for a detailed map of this wry this Subdistrict. a 6) Santa Barbara Commercial Subdistrict [revised text: page 20] The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities for small -scale commercial development. Such development is intended to sere the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity uses which generate /attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are low intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity; existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within Words underlined are added; words stridek t'_:= d'z: are deleted. one additional year. This requirement to cease existing residential uses does not apply to owner - occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. 8. Encouragement of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage Restrictions. 11. Variance provision applicable to the above items, except Number "4 ". 64 7 Golden Gate Parkway Professional Office Commercial Subdistrict [revised text: page 22] The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable professional Office Commercial District with associated small -scale retail as identified under item &A -,, below. The Professional Office Commercial District has two purposes: • to serve as a bona -fide entry way into Golden Gate City; and, • to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail uses, and iRstit6ltiGRal community facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential d+stFiets uses. A. For projects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small -scale retail uses are permitted: 1. Apparel and accessory stores_ 2. Auto and home supply stores (Auto accessory dealers - retail, automobile parts dealers - retail, and speed shops - retail only)_ 3. Eating places (except carry-out establishments, drive - through only establishments, commissary restaurants, concession stands, contract feeding, food service - institutional, hamburger stands, hot -dog stands, Ice cream stands, Industrial feeding, refreshment stands, snack shops, soft drink stands and tea rooms...). 4. Food stores (except Convenience Food stores - retail, grocery stores and supermarkets...)_ 5. General merchandise stores. 6. Home furniture, furnishing, and equipment stores_ 7. Libraries. Words underlined are added; words st -r- e'_- t-w_ rgh are deleted. 8. Miscellaneous repair services (no electronic repair, except computer repair only in conjunction with sales...)_ 9. Miscellaneous retail. 10. Paint, glass, and wall papeF wallpaper stores. 11. Personal services (except coin operated barbershops...)_ 12. United States Postal Service. laundries, beauty shops and B. Properties that qualify under item &A., above, will be subject to the following: All uses listed w4l shall be in accordance with the Standard Industrial Classification Codes within the C -2 zoning district as identified in the Collier County Land Development Code with the exceptions noted above. Item 5:A.2., above, wifl shall be consistent with the uses listed in the C -3 zoning district with the exceptions noted above. Fast Food restaurants shall shield from view from Golden Gate Parkway all ordering devices and /or windows where orders are to be taken. Vehicular access through adjacent properties to 53rd Street SW may be allowed at time of rezone upon completion of appropriate cross access easements. Any property line of the subject parcel that is immediately adjacent to single family residential must provide a minimum Type "C" landscape buffer as indicated in the Collier County Land Development Code. Buildings utilizing second story office or retail, or a combination thereof, may request up to 35' in height, subject to architectural design elements incorporated through the rezone process. Buildings will be limited to two stories in height with no parking under the building. All buildings shall provide a common theme incorporating architecture and project signage. 2) Neighborhood Center Subdistrict [revised text: page 25] Recognizing the need to provide basic goods, a44d services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers ba) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates. (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: Words underlined are added; words straele thre,.l..h are deleted. Wilson Boulevard and Golden Gate Boulevard Center. The Rede at This center consists of all four quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the WilseR and GeldeR Gate BeulevaFds Center is approximateThy 422745 amGFe6 iR 649 and consists of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two manor roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development er- , and allocates 2.15 acres to project buffering and right -of -way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant of the Center is approximately 4.98 acres in size and consists of Tract 144, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. Collier Boulevard and Pine Ridge Road Center. The +cede center at OR -951 Collier Boulevard and Pine Ridge Road is located on both sides of the intersection. Tracts 109 - 114, Unit 26, Golden Gate Estates are included in this Bede center as eligible for commercial development (see Map 11). The E1/2 of Tract 107, Unit 26 is also included within this Rede center but is only to be used for buffer, water management and open space. Everglades Boulevard and Golden Gate Boulevard Center. This Center consists of all four quadrants at the intersection of Everglades and Golden Gate Boulevards (See Map 12). The NE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 1, Unit 77 of Golden Gate Estates. The SE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 97, Unit 81 of Golden Gate Estates. The NW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 128, Unit 76 of Golden Gate Estates. The SW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 96, Unit 81 of Golden Gate Estates. Immokalee Road and Everglades Boulevard Center. The Immokalee Road and Everglades Boulevard Center is located in the SW and SE quadrants of the intersection (see Map 13) and the parcels lie east and south of the Fire Station. The portion of the Center lying south of the Fire Station is approximately 5.15 acres in size and consists of Tract 128, Unit 47. The southeast quadrant of the Center, lying east of the Fire Station is approximately 4.05 acres in size and consists of Tracts 113 and 16. Unit 46. cd) Criteria for deVeIGPMGRt land uses at the }cedes centers are as follows: • Commercial uses shall be limited to iIntermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991), except as prohibited below. • The Neighborhood Center located at the intersection of Pine Ridge Road and CR -951- Words underlined are added; words struel: thi —hi � are deleted. 0 � may be developed at 100% commercial and must provide internal circulation_; and aR Any rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single - family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. • fie- Parcels immediately adjacent to the -existing commercial zoning at the ROFth punt -of within the Neighborhood Centers located at the intersections of Golden Gate Boulevard and Wilson Boulevard Golden Gate Boulevard and Everglades Boulevard, and Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Use Subdistrict of this Master Plan Element. • A single project shall utilize no more than 50% of the total allowed commercial acreage. T44o This percentage may be increased at the discretion of the Board of County Commissioners_, • The project +s- weed -te shall make provisions for shared parking arrangements with adjoining developments_; • Access points shall be limited to one per 180 feet commencing from the right -of -way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; • Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible_; • Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment;, except when the roadway median between the two parcels has no opening • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. • Projects shall provide a 25 -foot wide landscape buffer abutting the external right of way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25 -foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees must be retained within this 25 -foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation ' d4a shall be retained, where possible, to aid in achieving this buffer requirement. Water retention /detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. • For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11 th Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road /Collier Boulevard Neighborhood Center. • Projects within the Neighborhood Center Designation that are submitted as PUDs shall provide a functional public open -space component. Such public open -space shall be developed as green space within a pedestrian - accessible courtyard, as per section 2.4.5.4 of the Collier County Land Development Code, as in effect at the time of P.U.D. approval. • The following principal permitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Words underlined are added; words st_ruele th___yh are deleted. Crematories (7261) (Does not include non - crematory Funeral Parlors) Radio, TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. 3) Randall Boulevard Commercial Subdistrict [revised text: page 29] Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. See Map 40-14. a) The Criteria for the subdistrict are as follows: • All commercial development is €encouraged to be in the form of a PUD_ Projects directly abutting Estates zoned property shall provide, at a minimum. a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that, when abutting conditional uses,, no such buffer is required. • Shared parking shall be eRG9UFaged required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: Automobile Service Station, Barber and Beauty Shops, • Convenience Stores, • Drug Stores, • Food Markets, • Hardware Stores, • Laundries - Self Service Only, • Post Offices and Professional Offices, • Repair Shops - Radio, TV, Small Appliances and Shoes, • Restaurants, including fast food restaurants but not drive -in restaurants, • Shopping Center, • Veterinary Clinics with no outside kenneling_ 4) Commercial Western Estates Infill Subdistrict [new text: page 29] The purpose of the Subdistrict is to allow for limited commercial and /or medical office uses, in recognition of the subject property's unsuitability for single - family residential development. Limited commercial and /or medical uses at this location will also assist in reducing the distance and the number of vehicular trips generated within the general area through trip capture. The standards contained in this Subdistrict are designed to ensure that uses within the Subdistrict will be compatible with nearby residential development. A loop road required through the property to Words underlined are added; words struek are deleted. connect Vanderbilt Beach Road with Collier Boulevard will also serve to lessen vehicular trips through the intersection. a) Size and Location: The Subdistrict includes a 6.23 -acre parcel, located at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (see Map 15). The parcel is identified as Tract 105, Unit 2, Golden Gate Estates. b) Permitted Uses and Development Intensity Within the subject property, 3.93 acres of office /medical use is permitted with a maximum of forty- one thousand four hundred and ninety (41,490) square feet of gross leaseable area permitted or approximately 6,660 square feet per gross acre. The balance of the area, comprising +2.3 acres, shall remain in open space. Uses allowed within this subdistrict shall be those office uses, medical uses, and financial institutions permitted whether by right or by conditional use, within the C -1 zoning district, as contained in the Collier County Land Development Code, Ordinance 91 -102, as of the effective date of the adoption of this Subdistrict [after adoption, the correct date and Ordinance # will be substituted in this sentencel. C) Development Standards: 1. All permitted uses within this Subdistrict shall be encouraged to be submitted in the form of a Planned Unit Development (P.U.D.) for the subject property with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering to ensure compatibility with nearby residential areas. 2. Building height shall be limited to two stories, with a maximum height of thirty- (30) feet, except that portions of the property within one hundred (100) feet of the buffer described in item #3, below, shall be limited to one story with a maximum height of twenty -five (25) feet. 3. There shall be a setback of seventy -five (75) feet in width abuttina Estates -zoned Property. Where feasible, existing native vegetation shall be retained within this setback area. Water retention /detention areas shall be allowed in this setback area provided that the area is left in a natural state, and drainage conveyance through the setback area shall be allowed, as necessary, in order for stormwater to reach an external outfall. 4. The buffer area along Collier Boulevard /CR -951 and Vanderbilt Beach Road shall be 25 feet in width and shall conform to the vegetative requirements of a Type "B" buffer as provided for in the Collier County Land Development Code, in effect as of the date of adoption of this amendment rafter adoption, the correct date and Ordinance # will be substituted in this sentencel. 5. A loop road shall be constructed, internal to the subject property. This road shall be open to the public, in order to connect Vanderbilt Beach Road and Collier Boulevard, so as to provide an alternative to use of the intersection. Words underlined are added; words _t__ek three h are deleted. 6. The maximum gross leaseable floor area of each individual office /medical /financial building footprint shall be 6,000 square feet. However, buildings may be connected by architectural treatments, and shall be designed to appear similar to residential structures through the treatment of rooflines and other architectural embellishments. 7. No development of property within the Subdistrict shall commence until the abutting segment of Collier Boulevard is four - laned. 45) Conditional Uses Subdistrict [renumbered /relocated /revised text: after page 32] Various types of conditional uses are permitted in the Estates and residen tiaf zoning districts within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met shall apply to requests for additieRal +1ses: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses as identified within Section 2.6.9.2 of the Collier County Land Development Code, &hafi may be allowed anywhere within the Estates Zoning District and are defined as: • electric or gas generating plants, • effluent tanks, • major re -pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.6.9 of the Land Development Code), • public parks and recreational facilities, • public water supply acquisition, withdrawal or extraction facilities, and • public safety service facilities, and other similar facilities_ b) Golden Gate Parkway and Collier Boulevard Special Provisions: Conditional uses shall only be permitted on Golden Gate Parkway, east of Livingston Road and west of Santa Barbara Boulevard and on the west side of Collier Boulevard north of Green Boulevard and south of Vanderbilt Beach Road Extension, if the subject parcel is directly bounded by existing conditional uses on two (2) or more side yards, with no intervening rights -of -way or waterways, except for the following_ 1. Essential services, as provided in a), above; and 2. In consideration of the improvements associated with the proposed interchange at related facilities) located at the southeast corner of Uolden Uate Parkway and 66 "' Street S.W. may be expanded in acreage and intensity along the south side of Golden Gate Parkwav between 66th Street S.W. and 64th Street S.W., but the total proiect area shall not exceed 21 acres. Additionally, the parcel proposed for expansion shall not be subject to the requirement that it be directly bounded on at least two side yards by conditional uses. 10 Words underlined are added; words et_ a_'_ ._h_ _._gh are deleted. 3. The parcel located immediately south of the Commercial Western Estates Infill Subdistrict, on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. c) Neighborhood Center Transitional Conditional Use Provisions: Conditional uses shall be allowed immediately adiacent to designated Neighborhood Centers subject to the following criteria: 1. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, 2. Such uses shall be limited to transitional conditional uses that are compatible with both residential and commercial such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities, 3. All conditional uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of native vegetation in which no parking or water management uses are permitted, 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use in order to facilitate traffic movement. IF-M-MIM" Mw d) Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non - residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non - residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a traRsitieRal use buffer between non - residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: • Site shall be directly adjacent to a non - residential use (zoned or developed); 11 Words underlined are added; words = t-_•__'= }h_ou'h are deleted. • Site shall be 2.25 acres, or more, in size or be at least 150 feet in width and shall not exceed 5 acres; • Conditional uses shall be located on the allowable acreage d+reGtly adjacent to the non - residential use; • Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; • Site shall not be adjacent to parks or open space and recreational uses; • Site shall not be adjacent to permitted Essential Services, as identified in Section 2.6.9 of the Land Development Code, except for libraries and museums; and • Project shall provide adequate buffering from adjacent properties allowing residential uses. e) Special Exceptions to Conditional Use Locational Criteria: Temporary Use (TU) Permits for model homes are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. 51 Southern Golden Gate Estates Natural Resource Protection Area Overlay [renumbered /relocated /revised text: after page 32] Southern Golden Gate Estates is identified as a;4 Natural Resource Protection Area (NRPA) Overlay on the Golden Gate Area Future Land Use Map, subject to the following provisions: MW- 1 Within these areas, only agriculture and directly - related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed;_ 2. These interim development standards shall not be interpreted to affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment;: 3. These areas shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. 7) Golden Gate Estates Commercial Subdistrict [new text: after page 32] This subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in the Golden Gate Estates Commercial I Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: 12 Words underlined are added; words st-iuek three gh- are deleted. .1 a) Commercial uses shall be limited to: • Low intensity transitienal commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan);_ C) Projects within the-iR foil -aye this Subdistrict shall be eRGauFaged -to make provisions for shared parking arrangements with adjoining commercial developments when aisable appropriate;_ d) Driveways and curb cuts for projects within the GernrneFGial IR fill aFea this Subdistrict shall be consolidated with adjoining commercial developments;_ aR4 e) Access to projects shall not be permitted from GR-951 Collier Boulevard. f) Any project located within this subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right -of -way, shall be subject to the following additional development restrictions_ 1. The site shall be limited to thirty -five thousand (35,000) square feet of building area. 2. Land uses shall be restricted to offices only. 3. All principal structures shall be required to have a minimum setback of one hundred (100) feet from the project's northern boundary. 4. The northern seventy -five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. 5. The western sixty (60) percent of the site shall have an outdoor pedestrian - friendly patio(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 6. A twenty -five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. 7. A minimum buffer of thirty -five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern 13 Words underlined are added; words str:tek threugn are deleted. 8A boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety -five (95) percent opaque. 8. All buildings shall have tile or metal roofs, or decorative parapet walls above the fee# i+p,e roofline, and buildings shall be finished in light subdued colors except for decorative trim. 9. Building heights shall be limited to one (1) -story and a maximum of thirty -five (35) feet. 10. All lighting facilities shall be architecturally designed, and limited to a height of twenty - five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 11. There shall be no ingress or egress on Santa Barbara Boulevard. Exhibit A, CPSP- 2002 -6, GGAMP per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle gh- dw/3 -24 -03 14 Words underlined are added; words stEiaek threag- are deleted. I � F I-0 LEGEND LEE COUNTY INEILL COMMERCIK ❑ SETTLEMENT AREA ■ ACTIVDY CENTER ❑ GOLD CATL EN ESTATES wesTer ESTATE* ■ R C- ME ESU6DI�RICT r ❑ SANTA BARBARA O NEIGHBORHOOD COMMERCIAL SUBDISTRICT CENTERS ❑URBAN RESIDENTIAL -WALL BOULEVARD O RESIDENTIAL DENSITY COMMERCIAL SUBDISTRICT SAW ■ MINEDRU CE SUBDISTRICT ❑ OVERLAY —A INTERCHANGE ACTIVITY CENTER AS DESCRIBED IN COUNTY WIDE COMPREHENSIVE PLAN. WESTERN ESTATES NEILL SUBDISTRICT NOTE: THIS MAP CANNOT BE INTERPRETED OTHI -1 THE GOAL$ OBJE"WS, POUCIES AND LAM USE DESIGNAIDN SECTIpI BF THE GOLOEN GATE —A MASTER IAN. DESCRIPTION LEE COUNTY I � F E DAVIS BLVD. EXT. S.R. -84 GOLDEN GATE F(ITI1 kE LAND USE NAP ADOPTED - FEBRUARY. 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27. 1993 AMENDED - APRIL 12, 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27. 1997 AMENDED - APRIL 14. 1998 AMENDED - SEPTEMBER S. 1998 AMENDED - FEBRUARY 23, 19W AMENDED - MAY 9. 2000 AMENDED - MARCH 13, 2001 a 6 W W W U .7 .7 O U m 0 1 MI. 2 W. nvTTTnTm GOLDEN GATE AREA FUTURE LAND USE MAP LEE COUNTY DR_pF GOLDEN GATE a a 6 p� m :S 3 PREPARED BY: FBAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENMRONMENTAL SERMCES —- FILE CWP- 2W1- A -2DWG DATE: 3 /-3 ILOI: AUTOCAD.PK R26E I R 27E NAPLES IMMOKALEE ROAD OIL WELL ROAD �INNN�r RANDALL BOULEVARD in a 9 F > a W NAPLES IMMOKALEE ROAD wesTer ESTATE* � r NRL MDIt1111CT O VANDERBILT > BEACH RD. EX T. > a N Z Gi O PIN R1 RD. WHITE BLVD. m a F, O •AMTA PANNARA Z a COLN1QCLAE aENOrmcr a y G.G. PKWY. a $ a P.' I � F E DAVIS BLVD. EXT. S.R. -84 GOLDEN GATE F(ITI1 kE LAND USE NAP ADOPTED - FEBRUARY. 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27. 1993 AMENDED - APRIL 12, 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27. 1997 AMENDED - APRIL 14. 1998 AMENDED - SEPTEMBER S. 1998 AMENDED - FEBRUARY 23, 19W AMENDED - MAY 9. 2000 AMENDED - MARCH 13, 2001 a 6 W W W U .7 .7 O U m 0 1 MI. 2 W. nvTTTnTm GOLDEN GATE AREA FUTURE LAND USE MAP LEE COUNTY DR_pF GOLDEN GATE a a 6 p� m :S 3 PREPARED BY: FBAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENMRONMENTAL SERMCES —- FILE CWP- 2W1- A -2DWG DATE: 3 /-3 ILOI: AUTOCAD.PK R26E I R 27E NAPLES IMMOKALEE ROAD OIL WELL ROAD �INNN�r RANDALL BOULEVARD in a 9 F > a W R28E � r R28E CPSP - 2002 -6 MAP 5 EXH I GOLDEN GATE URBAN COMMERCIAL SUBDISTRICT AND GOLDEN GATE ESTATES COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA MM Mm r� MM IMM U S J M MM MM MM mm 5 MM MM MM mm IMM MM MM MM w �o w^ 00 <z QN 11 Ell E'. � MIMM co Mmm 6p� U p min w� aoo H O O O � O II w J Q U � O J Q U W � H <C) C-) CD N W f- O UJ H m OW (n A z w a a U cy W H aav O oao Ln ohm 17 � "r Ili l�l. o� < W SOb�A3bN 1� E N antln'PIgB z m Z z z ¢N W U U N �W n" z o� z W U U K z J < d N / 7 0 F W 4 a� bvnnroe >ld -yy k � Op a� 4Ya s a� 0 A a Q e e 11 h 11 IAA rnnrwe vdvn 7° CL W W a 7Y� a� m � a g� a6 y s�� C `r M s� W ml 11-1 --.. 0 LL a 4 � � C mill < W W 'Y a N a= z m Z z z ¢N W U U N �W n" z o� z W U U K z J < N / 7 0 W e e 11 h 11 IAA rnnrwe vdvn 7° CL W W a 7Y� a� m � a g� a6 y s�� C `r M s� W ml 11-1 --.. 0 LL a 4 � � C mill z ¢ E- E- 00 U A W Q E- Q � A O Q O w w A A w w z z 9 fi 5 0 o FS w�W N N O <fT aza y � N ZV .51 U ZZ I W K U d k <a aZo v a � ZOW <Js" �o °o miH 3< KO< O U � < z r Z V O m N N z m Z z z ¢N W U U N �W z o� z W U U K z J < N / 7 0 E- E- 00 U A W Q E- Q � A O Q O w w A A w w z z 9 fi 5 0 o FS w�W N N O <fT aza y � N ZV .51 U ZZ I W K U d k <a aZo v a � ZOW <Js" �o °o miH 3< KO< O U � 9 fi 5 0 o FS w�W N N O <fT aza y � N ZV .51 U ZZ I W K U d k <a aZo v a � ZOW <Js" �o °o miH 3< KO< O U � EXHIBIT "A" MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florida CPSP- 2002 -6 IMMOKALEE ROAD PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION RLE: GGMP- 47.DWG DATE: 1/03 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS LEGEND NEIGHBORHOOD � CENTERS 0 1 MI 2 MI EXHIBIT A CPSP- 2002 -6 MAP 10 WILSON BOULEVARD /GOLDEN GATE BOULEVARD CENTER 8A Collier County, Florida /FA/ IMMOKALEE D A 4 O O G A V LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA NEIGHBORHOOD 0 1/2 MI. 1 MI. CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 43.DWG DATE: 3/03 EXHIBIT "A" MAP 11 CPSP— ZUUL. -b COLLIER BOULEVARD /PINE RIDGE ROAD CENTER Collier County, Florida BEACH ROAD EXT. PINE �1 a w x w x ca a F z e LEGEND ?� 11-A GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 45.OWG DATE: 1/03 NEIGHBORHOOD CENTER EXHIBIT A CPSP- 2002 -6 MAP 12 �11 -&A GOLDEN GATE BOULEVARD /EVERGLADES BOULEVARD CENTER Collier County, Florida /FA/ IMMOKALEE D a 0 o � > G A V LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA NEIGHBORHOOD 0 1/2 MI. 1 ML CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 45.DWG DATE: 3/03 EXHIBIT "A" CPSP -2002 P xru . MAP 13 r IMMOKALEE ROAD /EVERGLADES BOULEVARD CENTER Collier County, Florida IMMOKALEE ROAD I E / w a z IMMOKALEE LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA NEIGHBORHOOD 0 1/2 MI. 1 MI. CENTER PREPARED BY. GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 44.DWG DATE: 1/03 EXHIBIT A MAP 14 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida IMMOKALEE 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 21.DWG DATE: 3/03 CPSP- 2002 -6 n 8 A LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA IlT[.T linn� c R1D11 MAP 15 GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL USES AREA Collier County, Florida LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 49.DWG DATE: 1/03 O A � B a 0 PINE RIDGE ROAD V R F A W W GOLDEN GATE PARKWAY C a F z U O x z GOLDEN GATE PARKWAY a INTERCHANGE CONDITIONAL a USES AREA F RADIO ROAD a O a x DAVIS BOULEVARD EXT. LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 49.DWG DATE: 1/03 RXNTRTT "A" CPSP- 2002 -6 MAP 16 COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT Collier County, Florida NAPLES- IMMOKALEE ROAD E Pd COMMERCIAL w E WESTERN ESTATES z P//A,NB//U.T INFILL SUBDISTRICT m a w a a O BEACH ROAD EXT. U G L PINE RIDG O E U A O t» .. U LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 48.DWG DATE: 1/03 33 EXHIBIT A vpSP D2- ' MAP 17 k ?J A SOUTHERN GOLDEN GATE ESTATES NATURAL RESOURCE PROTECTION AREA OVERLAY Q, L- F NAPLES IMMOKALEE ROAD ❑ a Cl) > w OIL WELL ROAD 00 F O 'a NAPLES IMMOKALEE ROAD z, RANDALL BOULEVARD N � W F s 3 a � m w z GOLDEN GATE BOULEVARD PINE RIDGE RD. WHITE BLVD. ❑� a O Im F' a 7 .7 a C.G. PKWY. � F ofo O W > w W ❑ Q, INT£RSTgTE_95 53t. -84 DAVIS BLVD. EXT. S.R. -84 cn �s > a 9,� v la+P o '!Z a °a w w ❑ a w 0 0 F o g m 0 1 MI, 2 Mi. r=i ❑ PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION L FILE: GGMP- DCA- 99- 4A.DWG DATE: 3/03 PLOT: AUTOCAD.PAL -- R26E R27E R28E 33 Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP FUTURE LAND USE MAP SERIES - WELLHEAD PROTECTION AREAS CPSP- 2002 -7 #1. POLICY 1.5 [page 11] Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Airport Noise Area Overlay C. Rural Lands Stewardship Area Overlay D. Bays hore/G ateway Triangle Redevelopment Overlay E. Coastal High Hazard Area Boundary F. Traffic Congestion Area Boundary G. Incorporated Areas #2. POLICY 3.1j. [page 13] Policy 3.1j. No development orders shall be issued which are inconsistent with the Growth Management Plan_ Some proiects and properties may be inconsistent with densities and use intensities established in the Future Land Use Designation Description Section, but are found to be consistent with this Plan via one or more of Policies 5.9 - 5.13. ; ha6 beeR gFanted 9F WheFe a positive Det8ffniRation ef Vested Rights has beeR made puFsuaRt4e, #3. FLUE POLICY 4.6 [page 14] Policy 4.6: Access Management Plans provisions for east of the Mixed Use and Interchange Activity Centers designated on the Future Land Use Map have been developed and incorporated in to the Collier County Land Development Code. The intent of the Access Management Plans provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set for the in the Collier County Access ManagemeFA Control Policy (Resolution #01 -247 92 -442, adopted August 18,1992. Words underlined are added; words str: ek ._hve.,gh- are deleted. C. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivision, which are created, shall be encouraged to dedicate cross - access easements, rights -of -way, and limited access easements, as necessary and appropriate, in order to ensure that the above mentioned standards (a. -c.) are complied with. #4. MIXED USE ACTIVITY CENTER SUBDISTRICT [page 34] Mixed Use Activity Center Subdistrict The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. - The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the - Mixed Use Activity Center; - Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; - Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man -made constraints; - Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plans provisions for Mixed Use Activity Centers contained in the Land Development Code; Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan /master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; Conformance with the architectural design standards as identified in the Land Development Code. #5. INTERCHANGE ACTIVITY CENTER SUBDISTRICT [page 37] 1. Interchange Activity Center Subdistrict The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and /or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and /or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility Words underlined are added; words struele threugh are deleted. �j • requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and /or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; - Wholesale and storage uses shall not be permitted immediately adjacent to the right -of -way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right -of -way shall be permitted; - Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plans provisions, or State Access Management Plans, as applicable; - Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U -turn movements; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; - A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. #6. FLUE POLICY 4.8 [page 14] Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEER), except where decennial census estimates are available. For the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated using BEBR's high range growth rate; thereafter, proiections shall be calculated based upon 95% of the BEER high range growth rate. V. FLUE POLICY 5.9 [page 16] Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re- evaluation Program described in former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Words underlined are added; words struek thi-eugh are deleted. #8. FLUE POLICY 5.10 [page 16] Policy 5.10: Properties for which exemptions based on bested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re- evaluation Program established pursuant to former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations an timelines that are provided for in the Zoning Re- evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. #9. URBAN DESIGNATION, PARAGRAPH b.12. [page 19] I. Urban Designation b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Infill Subdistrict, aPA Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Henderson Creek Mixed Use Subdistrict; and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, aPA Interchange Activity Center Subdistrict, aPA Livingston /Pine Ridge Commercial Infill Subdistrict, a Mixed WGe , Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, aPA Livingston Road Commercial Infill Subdistrict, and in the Bays h ore/G ateway Triangle Redevelopment Overlay. #10. URBAN —MIXED USE DISTRICT, 3rd PARAGRAPH [page 20] A. Urban — Mixed Use District Priorities for shoreline land use shall be given to water dependent principal uses over water - related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element Objective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water - dependent and water - related uses: a. Presently developed sites; b. Sites where water - dependent or water - related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. #11. URBAN COASTAL FRINGE SUBDISTRICT [page 20] 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between 4 Words underlined are added; words strue'- thi-eugh are deleted. [40 the City of Naples and Collier- Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore /Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts encompassed by the Marco Island Master Plan but outside the incorporated area of on Marco Island. #12. PUD NEIGHBORHOOD VILLAGE CENTER SUBDISTRICT [page 21] 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the village center designated for small -scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and /or acreage thresholds. #13. BUSINESS PARK SUBDISTRICT [page 21] 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non - industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 30% of the total acreage for non - industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. Similarly, Business Parks shall be permitted to include up to 30% of the total building square footage for non - industrial uses of the type identified in "c" below. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance or rezone ordinance so as to demonstrate compliance with this requirement. Words underlined are added; words stiFde- nr-hr h are deleted. b Access to arterial road systems shall be in accordance with the Collier County Access Control MaRagemeRt Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. TraffiG GiFGL1latiGR Sub ElemeRt. c Non - industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels /motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses wh'Ah that serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban -Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non - industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Interstate Interchange Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element. TFaffi6 i Business Parks are encouraged to utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban -Mixed Use District is 500 acres, exclusive of open space and conservation areas. #14. OFFICE AND INFILL COMMERCIAL SUBDISTRICT [page 22] 6. Office and Infill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial' refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban -Mixed Use District. ab. The subject site abuts a road classified as an arterial or collector as on the Collier County Functional Class Map five yeaF FutuFe TraffiG GiFGulateen , as eeRtaiaed adopted in the Transportation Element. TFaffiG QiFewlatiGR SW13 EleMeRt. Words underlined are added; words str thi-e gh are deleted. bc. A rezone to commercial zoning is requested for the The subject property in its entirety, up to a maximum of 12 acres. size, aRel For a property greater than 12 acres in size, the balance of the property in excess of 12 acres, if , is limited to an environmental conservation easement or open space_ ; Under this provision "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. ed. The site abuts commercial zoning: (i) On one side and non - commercial zoning on the other side; or, (ii) On both sides_; e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring iurisdiction. elf. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which requested commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting sereFsial parcel(s). Where the subject site abuts commercial zoninq on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determininq how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case by case basis. eg. Project uses are limited to office or low intensity commercial uses ; emmmnt_fnF IaAd- if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, as , the project uses may include those of the highest intensity abutting commercial zoning district_ fh. The subject property in its entirety paFG81 iR qUe6tiGR was not created to take advantage of this provision, a-Rd was evidenced by its creation created prior to the adoption of this provision in the Growth Management Plan on October 28, 1997_ L For those sites that have existing commercial zoning abutting one side only: ; commercial zoning used pursuant to this Subdistrict rmbses#OGR shall only be applied one time and shall not be expanded, except for aggregation of additional properties so Iona as all other criteria under this Subdistrict are met; and, ii uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. and- �04tl -net be i. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met k. Lands zoned for support medical uses pursuant to the 1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban - Mixed Use District or in the Urban - Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. M. Land adiacent to areas zoned C -1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in paragraphs "i." and J." above. Words underlined are added; words strue3e threugx are deleted. n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict, or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. go. At time of development, the project will be served by central public water and sewer_ , and #p. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. jg. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban -Mixed Use District is 250 acres. #15. RESEARCH AND TECHNOLOGY PARK SUBDISTRICT [page 26] 12. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation /aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non - industrial uses, designed in an attractive park -like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non - target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non - target industry uses of the type identified in paragraph "d" below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development, shall be devoted to target industry uses identified in paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement. b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control MaRagemei# Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation /aerospace industry, health technology industry,, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD -ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation /aerospace and health and information technologies; office uses in connection with on -site research; development testing and related manufacturing; general Words underlined are added; words stritek threugh- are deleted. wilm administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. d. Non - target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C -1 through C -3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban -Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. g. Research and Technology Parks located within InteFstate Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the InteFstate Interchange Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and /or through pedestrian and vehicular interconnections. I. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non - target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. Words underlined are added; words sti-dek threidghx are deleted. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban -Mixed Use District is 1000 acres, exclusive of open space and conservation areas. #16. DENSITY RATING SYSTEM [page 31] Density Rating System This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural /Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. Within the applicable Urban Designated Areas a base density of 4 residential dwelling units per gross acre is permitted though not an entitlement. This base level of density may be adjusted depending upon the location and characteristics of the project. For purposes of calculating the eligible number of dwelling units for a project (gross acreage multiplied by eligible number of dwelling units per acre) the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project, except where authorized in a Subdistrict such as the Orange Blossom Mixed -Use Subdistrict, and except for mixed residential and commercial uses as provided for in the C -1 through C -3 zoning districts in the Collier County Land Development Code, via conditional use. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings that are not intended and not designed for permanent occupancy and not intended for rental or other commercial use; such accessory dwellings include quest houses servants quarters, mother -in -law's quarters, cabanas, quest suites, and the like. r, permitted, though Ret aR eRtit'8FReRt. This ba-se le-vel of density may be adjusted a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. 10 Words underlined are added; words struek -hre gh are deleted. •t • #17. MIXED USE ACTIVITY CENTER SUBDISTRICT, 2nd PARAGRAPH [page 33] Mixed Use Activity Center Subdistrict The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, and the Bayshore /Gateway Triangle Redevelopment Overlay and by Policies 4-.7-, 5.9, 5.10, and 5.11 of the Future Land Use Element. #18. FUTURE LAND USE MAP see Future Land Use Map for changes #19. FUTURE LAND USE MAP SERIES -WELLHEAD PROTECTION AREAS MAP see Wellhead Protection Areas Map for changes Exhibit A, CPSP -02 -7, FLUE per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle dw/2- 12- 03/3 -12- 03/3 -24 -03 11 Words underlined are added; words sir- xele t-hreuk are deleted. N6 CPS! 0 2- ' EXHIBIT "A " T 48 S T 41 S T 48 S T 49 S T 50 S T 51 S T 52 S T 53 P N n1 V'10� ']aVMGaB � -1Nn0� -0v0 g i g4 yy yy 0 qp M y o n Z ZO Oil GC o W IN 6 8 k Hill �ee p 3 bits 4 I c CL W � W O 4y N r d N Y ro G ,V O W COFJ O f N � � •' �jW: Sq s* � / � G'� � qa m Z F yz:•� i k //• X41 8 Lu^• W o ' A J t : "_ n, Mej is y a of L6 - g 77 7F �w Gi,i�b f � i � W � N S 84 1 8 it 1 S S4 1 S Bi 1 S 09 1 8 19 1 8 Z9 1 S E9 1 �d g@ i � W � N S 84 1 8 it 1 S S4 1 S Bi 1 S 09 1 8 19 1 8 Z9 1 S E9 1 Q T 40 S T 47 S T 48 S T 48 8 lie a S a £ F ; IL = off❑ _ �� ® ®■ %gat -cm OBF-10 1E 0 MEIN °i � � ���G�13 KF o :da 4 7 r'E'�td Y C ab a° a iY �tt g Y 4 _ W O � n � H � H ✓�1 W W C W m N C r T 50 8 T 51 8 t, wl0;- 08VMOIf6 N � g F W U < a Z m K j i 4 � S 4 iii c Q 0 o ?5 Y LU H a b W � O o N OC � � L1 Qti O W W P N I 9 9* 1 1 r T 50 8 T 51 8 t, wl0;- 08VMOIf6 N � g F W U < a Z m i Ya) M�x�.co G11,1 f �K T52S r' FININJ! 3470 O� N 771 •�� f m w s a d �YR N A W 4�� p n C N 6�y c S Lv 1 1 S at 1 1 S 01, 1 1 8 09 1 I S l9 1 I S ZS 1 I 8 99 1 K j i 4 � S 4 iii < J ¢ N d o ?5 Y < x Y i Ya) M�x�.co G11,1 f �K T52S r' FININJ! 3470 O� N 771 •�� f m w s a d �YR N A W 4�� p n C N 6�y c S Lv 1 1 S at 1 1 S 01, 1 1 8 09 1 I S l9 1 I S ZS 1 I 8 99 1 N Nw w C9 CL 0 Z 01.- �Q{�aJi�1 U U 3 EXHIBIT "A" COLLIER COUNTY WELLHEAD PROTECTION AREAS PELICAN BAY IMPROVEMENT DISTRICT (7 WELLS) (CORAL REEF AQUIFER) QUAIL CREEK UTILITIES (1 WELL) CR 84E M Lo r, r _ L;rbr -LUUL- / <j s 4 8A cy) c"I IMMOKALEE WATER /SEWER DISTRICT (16 WELLS TOT.) CR 846 CR 846 CR 858 CITY OF NAPLES EAST GOLDEN GATE WELL FIELD (24 WELLS) G.. G. P WY COLLIER COUNTY GOLDEN GATE WELL FIELD (16 WELLS) v 175 SR 84 GOLDEN GATE CITY WELL FIELD (6 WELLS) rn O J U m In w Q J C9 C/ W s W R) PORT OF THE ISLANDS (2 WELLS) 0 COPELAND /EVERGLADES CITY (3 WELLS)t Chi 1 PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION SOURCE: COWER COUNTY COMPREHENSIVE PLANNING SECTION DATE: 10/99 FILE. WFPZR12.DViG co) RI[ PRE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION SOURCE: COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. DATE: 2/03 FlLE: WFPZR12- 2003.DWG Z An -L 0 1 1 - ti -- tot: I I I IUN COLLIER COUNTY Exhibit A IMMOKALEE AREA MASTER PLAN ELEMENT CPSP- 2002 -8 Policy 11.1.1 [page 21 Policy 11.1.1 The Immokalee Master Plan Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. Residential Designation 1. Low Residential District 2. Mixed Residential District 3. High Residential District 4. PUD Commercial District B. Commercial Designation 1. Commercial District - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Center - Mixed Use District 4. Residential Recreational Tourist District Residential/Tourist District: [page 8] 5. Residential Recreational/Tourist District The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities including: hotel /motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational vehicles; sporting and recreational camps; low- intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwelling units per gross acre. Transient lodging is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD shall be two (2) contiguous acres. Exhibit A, CPSP- 2002 -8, IAMP G, Comp, Comp Plan amendments, 2002 cycle dw /2 -10- 03/3 -24 -03 Words underlined are added; words str- e'_- tehi-eugh are deleted. CPSP- 2002 -9 Exhibit A PUBLIC FACILITIES ELEMENT POTABLE WATER SUB - ELEMENT V. GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems R4aR, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: Identify sufficient quantities of bFaG!(*sh water sources to meet the County's estimated 10 yeaF growth - related needs. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and /or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water and -Sewer District Boundaries mMap (Figure PW -1); and, to areas where the County has legal commitments to provide facilities and services as of the date of 1 Words underlined are added; words str~ ek t- -e-ugh are deleted. adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non - County utility provided. For the purposes of this policy and policies 1.2.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, replacement, and /or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water ate -SeweF District Boundaries mMap (Figure PW -1); in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non - County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water and SewreF District Boundaries mMap (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Map Figure PW -1 on an interim basis until a potable water supply system is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Map Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres 2 Words underlined are added; words st -yuek t ,.eidgh are deleted. in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 8" 01 -73, adopted December 11, 2001. Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 88-e 01 -57, adopted SeptewbeF 27, 1988 October 23, 2001, or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of water usage data siRGe 1989 iRdiGated indicates the LOS standard for finished water should be ORGrease remain at 185 gpcd. Review of the historical ratio of residential to non- residential demand indicated that approximately 17% of the total water usage is non - residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITY /SERVICE AREA LEVEL OF SERVICE COLLIER COUNTY FACILITIES STANDARD County Water and Sewer District 185 gpcd M ree Water d o er Di tFiGt Inn gpcd Goodland Water District 185.1 -68 gpcd Marco Island Water District Unincorporated Service Area (Marco Shores) 185 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area 185 4-63 gpcd 185 443 gpcd INDEPENDENT DISTRICTS /PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "sewagewastewater" flow design standards, unless otherwise approved by the Board of County Commissioners to address economic, social and 3 Words underlined are added; words stride# t-hretagh are deleted. construction method variations between individual systems : (Source: Chapter 10D -6, Florida Administrative Code) TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Commercial 75 Airports Single Service articles only (per person) a. per passenger 5 b. add per employee 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices Institutions (per meal) a. per wet chair 200 b. per non -wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a. Ordinary Restaurant (per seat) 50 b. 24 hour Restaurant (per seat) 75 c. Single Service articles only (per person) 25 d. Bar and Cocktail Lounge (per person) 30 e. Drive -in Restaurant (per car space) 50 f. Carry Out only i. per 100 square feet of floor space 50 ii. add per employee 20 g. Institutions (per meal) 5 Hotels and Motels a. Regular (per room) 150 b. Resort Hotels, Camps, Cottages (per person) 75 c. add for establishments with self service laundry facilities (per machine) 400 Office Building (per employee per 8 hour shift) 20 Service Stations (per water closet and per urinal) 250 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores per square foot of floor space 0.1 4 Words underlined are added; words s -°-uek thi-eugh are deleted. O TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Swimming and Bathing Facilities, public (per person) 10 Theaters a. indoor, Auditoriums (per seat) 5 b. Outdoor, Drive -ins (per space) 10 Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) 75 b. Travel Trailer (overnight), with water and sewer hook -ups (per trailer space). 100 INSTITUTIONAL Churches (per seat) 3 Hospitals (per bed) (does not include kitchen wastewater flows) 20 Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 100 Parks, Public Picnic a. with toilets only (per person) 5 b. with bathhouse, showers and toilets (per person) 10 Public Institutions other than Schools & Hospitals (per person) 100 Schools (per student) a. day -type 15 b. add for showers 5 c. add for cafeteria 5 d. add for day school workers 15 e. boarding -type 75 Work/Construction Camps Semi - permanent (per worker) 50 RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) 1 bedroom and 600 square feet or less heated or cooled area bedrooms 150 and 601 - 1000 square feet heated or cooled area 300 3 bedrooms and 1001 - 2000 square feet heated or cooled area 450 4 or more bedrooms and more than 2000 square feet heated or cooled area 600 b. Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty -six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing 5 Words underlined are added; words 9ti=idek throi_z'h are deleted. considerations due to above average sewage volume expected from restroom facilities. Policy 1.3.2: In order to ensure these Level of Service Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: These Level of Service Standards are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: Annually review historical potable water demand records and adjust these Level of Service Standards if so indicated by said annual review. OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy 1.4.3: Continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks when economically feasible. Policy 1.4.4: premetiRff Promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation, as described in Division 2.4 of the Collier County Land Development Code. Policy 1.4.5: Promote and enforce the Water Irrigation Ordinance for Collier County, Ordinance 02 -17, adopted April 9, 2002, to reduce potable water use for irrigation. Policy 1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated 6 Words underlined are added; words T__ _ e'_- are deleted. wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water aR -SeWGF District Boundaries on Map Figure PW -1 of the Potable Water Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all PER FDEP permits. Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 1.2.2 and 1.2.4, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these distribution lines. FIGURES and TABLES New Figure PW -1, Collier County Water District Boundaries New Figure PW -2, Existing and Future Potable Water Service Areas New Figure PW -3, Potable Water Treatment and Transmission Facilities New Table PW -8, Capital Improvement Projects FY 2003 -2022, Project Descriptions, Water Treatment, Transmission and Distribution Exhibit A, CPSP- 2002 -9, PWS -E per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw/2 -24- 03/3 -24 -03 Words underlined are added; words =__ ek `_hive g-h are deleted. ° |� |~ ° |� |~ ° |m |~ " |s |~ ° m , x EXHIBIT "&" CPSP-2002-9 _ x 25�,��� / " 26 , / x w x / � FIGURE PW-1 - -1 - ^! -f -� | '| / ° m ~ ~ s ~ " m| ~| -4 -1- - va ~ COLLIER COUNTY WATER DISTRICT BOUNDARIES i S R 26 ti - 1� N S r IN S r IN R r N n r r COLLIER COUNTY GOVERNMENT GROWTH MANAGEMENT PLAN 200E PURM UTBHTEE ELEMENT POTABLE 0410 SUSELIWff R 25 E EXHIBIT "A" R 26 E CPSP- 2002 -9 f N S r N r r EXISTING AND F`UTURE POTARLE WATM SER ACE ARFAS ONSELMY AND HARPOON ..� OCTONER 2002 R 26 E R 27 E • l N S r w S w A w h w O t s R 26 E EXHIBIT "A" R CPSP- 2002 -9 I R 27 E I FIGURE PW -3 9 6AMR[ va it aiw is to .... ' .,•� ~ Il� 1 ` II'm lei _ v..y-. ..'u ..116.4.14, . _... .. Zia, u x:WILL 70 ... .,..... N W -ML i .... w N 00i1C1 i1A6d1 ....yyyy,,,�f�� 1 t � j i / ;, mills g CMIM COMM COYMOO ,1T POTABLE WATER TREATMENT AND `0211ANA0O U 2062 u 1tS V DEf TRANSMISSION FACLTES POTABE WA A SWE FNDT OCTO R 200 AND MARI66M u. 00166ER 2602 R 25 E R 26 E R 27 E N ' R�. r�l N b F N F TABLE PW-8 EXHIBIT "A ", page 1 CPSP- 2902 -9 A CAPITAL IMPROVEMENT PROJECTS FY 2003 -2022 PROJECT DESCRIPTIONS WATER TREATMENT, TRANSMISSION AND DISTRIBUTION Greeley and Hansen LLP October 2002 Fund)Type (A) Project No. Project Name Description Existing Water 411 (Growth Related) Projects 411 /GD 70040 City /County Interconnect Construct interconnections east of intersection of Goodlette -Frank and Pine Ridge and east of intersection of Lakewood Blvd. And Davis Blvd. Project will make provisions for the interconnection of City and County water systems in the event of an emergency. 411 /GD 70052 1 Manatee Station Pump Upgrade Upstze pumps and upgrade instrumentation and control of the Water Storage Facility an Manatee Road to meet rowth. 411/GD 70054 SCRWTP 8 MGD RO Plant and 12MGD Expansion New 8-MGD RO Expansion at 12 -MGD kme softening SCRWTP. RO system, storage tank, 12 new water supply wells and pumps, 2 deep injection wells, raw water pipe lines, new SCADA system, O&M manuals, water blending system, emergency generators and chemical storage system. RO Plant will be expandable to 20 -MGD. 411/GD 70075 NCRWTP 3 Additional Brackish Water Supply Wells Add three new R.O. wells 411 /GD 70093 Immokalee Road East 36" WTM Phase 1- Design and construct a 36" water main along Immokalee Road from CR 951 to Orangetree. Phase 1 is to be constructed with the road construction project. Phase 2 is design and construction of a 36" water main from Immokalee Road to the proposed NE WTP. 411 /GD 70096 Water Master Plan Updates Annual Update of Water Master Plan. 411 /GD 70097 SCRWTP 12 MGD RO Expansion Design and construction of 12 -MGD reverse osmosis expansion at SCRWTP 411 /GD 70099 Growth Management Plan Update Update water subelement of Growth Management Phan every five years. 411 /GD 70140 East Central WTM Design and construction of East Cetral water transmission main. 411 /GD 70150 Vanderbilt Beach Road Parallel Water Main Design and cinstruction of a parallel water transmission main from Airport Road to CR 951 411 /GD 70151 CR 951 WTM -Davis Blvd to Rattlesnake Hammock Design and construction of a 36" water transmission main along CR 951 from Davis Boulevard to Rattlesnake Hammock Road 411 /GD 70152 CR 951 WTM - Rattlesnake Hammock to US 41 Design and construction of a 24" water transmission main along CR 951 from Rattlesnake Hammock Road to US 41 411/GD 70153 US 41 WTM- South from CR951 Design and construction of a 16" water main along US 41 from CR 951 to Manatee Road 411 /GD 70154 Land Acquisition for NERWTP (orange Tree) Purchase 147 ac site at Orange Tree for site of WTP and WRF. 411 /GD 70155 Land Acquisition for SERWTP Purchase additional property adjacent to existing Manatee Road Pumping Station property for new WTP. 411 /GD 70156 Vanderbilt Drive Booster PS Design and Construction for Vanderbilt Drive Booster PS 411 /GD 70157 Manatee Road Potable Water ASR Wells Design and construction of expansion of the ASR system at the Manatee Road site. 411 /GD 70862 US 41 WM - Manatee to Boyne South Construction of water main along US 41 from Manatee to Boyne South, 411 /GD 70888 Livingston Road Water Main from Pine Ridge Road to Vanderbilt Beach Road Construct a 16" WM along Livingston Road from Pine Ridge Road to Vanderbilt Beach Road concurrent with Road project. 411/GD 70891 Livingston Immokalee- Vanderbilt Construct 16" WM along Livingston Road from Vanderbilt Beach Road to Immokalee Road concurrent with Road project. 411 /GD 70892 SCRWTP 20MGD Expansion Well Easement Study Future well study and easement acquisition 411 /GD 00000 Remote Disinfection Booster Study, design and construction of remote disinfection booster stations. New Water 411 Projects 411/GD W5 Vanderbilt Drive Water Booster Station Design and construct new water booster pumping station. 411 /GD W 13 NERWTP Study, design and construction of new 3.0 mgd WTP (expandable to 15 mgd) to replace existing Orange Tree plant and serve potential new customers in Areas A and B. 411 /GD W 14 SERWTP Study, design and construction of new 3.0 mgd WTP (expandable to 15 mgd) to serve potential new customers in south area and Area D. 411 /GD W17 Rattlesnake Hammock 8 "/12" WTM Upgrade Design and construct a 24" WM between CR 951 to US 41 along Rattlesnake Hammock Rd. 411/GD W29 New Wellfield Study for Proposed NERWTP Evaluate potential wellfield locations and address permitting issues 411/GD W30 New Wellfield Study for Proposed SERWTP Evaluate potential wellfield locations and address permitting issues 411 /GD W31 Land Acquisition for NERWTP Wellfield Purchase property for NERWTP wellfield following wellfield study 411/GD W32 Land Acquisition for SERWTP Wellfield Purchase property for SERWTP wellfield following wellfield study Existing Water 412 (Renewal and Replacement) Projects 412 /R,R &E 70027 Clean water Act RM Study EPA mandated study for chlorine and Ammonia storage accidental air release implications and development of program to minimize risk of accidental air release. 412/R,R &E 70028 Good lette Rd Water Main Goodlette -Frank Road four laning improvements (Juct. Pine Ridge Rd. to Jct. Vanderbilt Beach Rd) Relocate 12,500 LF of 24" WM plus relocate City/County Interconnect at Pine Ridge Rd. as pan of the road widening project 60134. 4121R,R &E 70033 Water System Mapping Create a set of System maps for the Water and Wastewater Depts. To be utilized for location of all facilities. Additionally the maps will be utilized by the PUED Section in planning for future expansion of our System to keep up with anticipated growth. 412/R,R &E 70045 FDOT Joint Project Contingency fund for relocation of water mains for FDOT projects at various locations. US 41 to Lee County Line; Airport Rd. to Rattlesnake Hammock Rd. ;Rattlesnake Hammock Rd. to CR 95; and any other FOOT projects requiring relocations. 412 /R,R &E 70047 Relocate 20 "112" Water Main US 41 Relocate water mains for FOOT construction. Poor record drawings and unforseen conditions delayed contractor & required additional work by additional crews. Additional inspector is required for additional crews. The portion of the County deposit that was previouly refunded by FDOT will be redeposited to cover the additional work. 412/R,R &E 70048 Relocate 12" Water Main US41 Relocate water mains for FOOT construction. Poor record drawings and unforseen conditions delayed contractor & required additional work by additional crews. Additional Inspector is required for additional crews. The portion of the County deposit that -was previously refunded by FDOT will be redeposited to cover the additional work. 412 /R,R &E 70053 County Bam Road Water Main Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocation of water mains for County Barn Rd. widening. Rd. project currently scheduled for FY 2007. 412/R,R &E 70057 1 Facility Rehabilitation Rehabilitate various components of the NCRWTP, SCRWTP, wellfield and remote stations. 1 of2 EXHIBIT "A ", fags 2 TABLE PW-8 - CPSP- 2002 -9 8 A FundlType (A) Project No. project Name Description 412/R,R &E 70058 Distribution System Rehabilitation Rehabilitate older areas of the Collier County Water District to ensure a clean and reliable source of water for all customers. Additionally, there are several areas within the Distribution System where adequate fire flow is not available due to the size of the mains in these areas. This project will correct those deficiencies, as well as rehabilitate a number of older meters in the System that have become unrepairable. 412/R,R &E 70059 Public Utilities Operations Center Relocate the Water Distribution Warehouse from a residential neighborhood. The present site was constructed as a temporary facility to house a maximum of 15 employees. The current staff is now 38, with growth anticipated to 50 employees within the next five years. Additionally, the warehouse is incompatible with the surrounding neighborhood. This facility will house the Water Distribution Facility, Water Administration and Public Works Administration. 412/R,R &E 70063 NCWTP Noise Abatement Perform a noise study consisting of noise readings at seven homesites in close proximity to the plant site at various operating modes. 412/R,R &E 70065 NCWTP Manatee & Carica Chlorine Gas Conversion Convert the existing chlorine gas facilities at the NCRWTP Manatee Road Tans and Cadca Tanks to Liquid Bleach. 412/R,R &E 70066 Golden Gate Wellfield Improvement Improve reliability of GG Wellfield by adding 5 backup wells to the existing 27 wells and approximately 3,000 LF of raw water transmission main. Also, secure additional easements adjacent to the 27 existing wells in the event the existing well needs to be abandoned and replaced. 412/R,R &E 70067 Golden Gate Blvd 10" Water Main Relocate 10" water main on Golden Gate Blvd. From under proposed pavement. 412/R,R &E 70069 Upgrade NCWTP Emergency Power Distribution New electrical distribution feed and swilchgear upgrades to allow full plant operation from two existing emergency enerators, with the remaining two generators for back -up redundancy. 412/R,R &E 70071 CCDOT Utility Relocates Funds are for relocating utilities as may be needed given accelerated County road construction schedules. 412/R,R &E 70074 Port Au Prince Water /Sewer Improvements Replace existing water distribticn system concurrent with project to replace sub - standard wastewater collection system serving 4 streets off of Port au Prince Road. 412/R,R &E 70075 NCRWTP Brackish Supply Water Wells Design and Construction of new brackish water supply wells for the NCRWTP 412/R,R &E 70076 Auto Meter Read Installation Installation of system -wide automatic meter reading facilities. 412/R,R &E 70078 Special Assessment Software Replace outdated software for Special Assessments. 412/R,R &E 70090 Master PS Fuel Storage Add capacity for 10 days fuel storage at raw water master pump station 412/R,R &E 70094 NCRWTP Improvements Design and construction of process improvements at the NCRWTP 412/R,R &E 70095 2003 Facility Rehabilitation Rehabilitate various components of the NCRWTP, SCRWTP, wellfield and remote stations. 4121R,R &E 70098 2003 Distribution System Rehabilitation Rehabilitate older areas of the Collier County Water District to ensure a clean and reliable source of water for all customers. Additionally, there are several areas within the Distribution System where adequate fire flow is not available due to the size of the mains in these areas. This project will correct those deficiencies, as well as rehabilitate a number of older meters in the System that have become unrepairable. 412/R,R &E 70100 NCRWTPASRConversion NCRWTP ASRConversion 4121R,R &E 70124 Water Distribution Telemetry Multi -year program to add telemetry system -wide. 412 /R,R &E 70127 Crystal Lake FM Relocation Relocate aerial crossing 412 /R,R &E 70128 County Utility Standards Update County utiity standards 412/R,R &E 70158 Lower Tamiami Well R2 placement Program Replace one well per year to increase system reliability. 412/R,R &E 70170 Vulnerability Assessment Study Perform a vulnerability assessment study for the water system 412 /R,R &E 70202 2003 Utility Standards 2003 Update to County utlity standards 412/R,R &E 70300 Immok. Rd. -US41 -175 Relocate Design and construction for relocation of existing water main on Immokalee road from US 41 to 175 412/R,R &E 70301 VBR - AirporUCR951 Relocate Design and construction for relocation of existing water main on Vanderbilt Beach Road from Airport Road to CR 951 412/R,R &E 70302 CR951 - GGP to Immok. Rd. Relocate Design and construction for relocation of existing water main on CR 951 from Golden Gate Parkway to Immokalee Road. 412lR,R &E 70303 Golden Gate Parkway - Airport Rd. to SBB relocate Design and construction for relocation of existing water main on Golden Gate Parkway from Airport Rd to Santa Barbara Blvd. 412 /R,R &E 70306 Rattlesnake Hammock Rd. - Polly to CR951 relocate Design and construction for relocation of existing water main on Rattlesnake Hammock Rd from Polly to Cr 951 412 /R,R &E 70881 BackFlow / Cross- connection Retrofit all services in the Collier County Water District to meet DEP mandated cross connection control levels. This is a five year project. with the bulk of the funds being expended in the first three years of the program. 412 /R,R &E 70882 Billing System Update the Billing System software currently utilized by the Dept. of Revenue for water and wastewater accounts. The current software does not have report writing or generation capabilities. Additionally, the software is outdated for the number of customers that Collier County has and will continue to gain. New Water 412 Projects 412/R,R &E W8 NCRWTP RO Membrane Replacement Replacement required every six years. 412 /R,R &E W9 NCRWTP Nanofilter Replacement Replacement required every six years. 412 1R,R &E W110 SCRWTP Membrane Replacement Replacement required every six years. 4121R,R &E 2002 -1 As needed consulting services As needed engineering consulting services 412 /R,R &E 2002 -2 NCWRTP Saltwater Feasibility Study to determine feasibilty of treating saltwater at existing and new plants 412 /R,R &E 2002 -3 Auto Ranch Road MSBU Auto Ranch Road MSBU 412 /R,R &E 20024 Asset Management Perform Asset Management Study 412 /R,R &E 2002 -5 SCRWTP Lime Softening New Fourth Reactor Study, design and construction of new fourth lime softening reactor for reliability 412 /R,R &E W33 NERWTP RO Membrane Re lacement Replacement required every six years. 412 /R,R &E W34 SERWTP RO Membrane Replacement Replacement required every six years. 1 . 411/GD = Growth Driven (Funded by Impact Fee) 2. 412 /R,R &E =Renewal, Replacement & Enhancement (Funded by User Fee) 2 oft 8A CPSP- 2002 -10 Exhibit A PUBLIC FACILITIES ELEMENT SANITARY SEWER SUB - ELEMENT V. GOALS, OBJECTIVES AND POLICIES GOAL I: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and /or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth. , Policy 1.1.1: Continue the development of the Collier County RegieRal SaRitaFy SeweF sysiem Water -Sewer District consistent with the Capital Improvements element to provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries map (Figure SS -1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent wastewater authority, or some other non - County utility provider. For the purposes of this policy and policies 1.1.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central sewer facilities includes decentralized community treatment systems; and, innovative alternative wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Words underlined are added; words etY- tek tnr-eugh- are deleted. A decentralized community wastewater system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with applicable regulations. System facilities on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy 1.2.1 of this Sub - Element. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and /or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Also, County Ordinance 80 -112 requires and new development connecting to private STP submit capacity availability information with building permit applications. Policy 1.1.4: Permit development of package sewage treatment plant systems in areas identified in Policy 1.1.2, on an interim basis until County service is available. Plan in areas wheFe GGLIRty wa6tewateF GeNiGe 06 ROt E;uFrently available, and allow ORly eR aR iRteFim basis until Geunty reWOG9 46 -available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. Within the Rural Lands Stewardship Overlay, consistent with policy 1.1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size, depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88 -4. Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. Policy 1.1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra - structure or other purposes, wholly or partially within the Collier Words underlined are added; words st- r-a_'_ thi-e.. J,- are deleted. County Water -Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 88 76, the Ut"ities 01 -57, adopted October 23. 2001, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202„ F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY /SERVICE AREA • • .eenr.�ets�:*szv LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area 145 424 gpcd Gentr I SeweF Servi a Area .21 gPGd ar South Sewer Service Area 100 4-21- gpcd Marco Island Sewer SeFViGe District -YCt -gpcd Unincorporated Service Area (Marco Shores) 100 gpcd City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area 145 424- gpcd 100 424 gpcd Independent Districts /Private Sector Systems The standards hereby adopted are the following sewage flow design standards (Source: Chapter 10D -6, Florida Administrative Code) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT Commercial Airports a. Per passenger b. add per employee GALLONS PER DAY (GPD) 3 Words underlined are added; words stEi_ek `_hEei gh are deleted. 5 20 TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices a. per wet chair 200 b. per non -wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a . ordinary restaurant (per seat) 50 b . 24 hour restaurant (per seat) 75 c . single service articles only (per person) 25 d . bar and cocktail lounge (per person) 30 e . drive -in restaurant (per car space) 50 f . carry out only 1. per 100 square feet of floor space 50 2. add per employee 20 Hotels and Motels a. Regular (per room) 100 b. Resort hotels, camps, cottages (per person) 75 c . add for establishments with self service laundry facilities (per machine) 400 Office Building (per worker) 20 Service Stations (per bay) 500 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores (without food service) a . private toilets, for employees only (per employee) 20 b . public toilets (per square foot of floor space) 0.1 Theaters a . Indoor, auditoriums (per seat) 5 b . Outdoor, drive -ins (per space) 10 4 Words underlined are added; words stri ek thi-eiagh are deleted. TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel trailer (overnight), without water and sewer hook -up (per trailer space) 50 b. add for water and sewer hook -up (per trailer space) 100 Swimming and bathing facilities (per person) 10 Institutional Churches (per seat) 3 Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic a. with toilets only (per person) 5 b. with bathhouse,showers and toilets (per person) 10 Public institutions other than schools and hospitals (per person) 100 Schools (per student) a . day type 15 b . add for showers 5 c . add for cafeteria 5 d . add for day school workers 15 e . boarding type 75 Work/Construction camps semi - permanent (per worker) 50 Residential Residences a. Single family (per bedroom) 150 b. apartment (per bedroom) 150 c. Mobile home not in a trailer park (per bedroom) 150 d. Other (per occupant) 75 Footnotes: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty - six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. Words underlined are added; words etrrrele threidgh_ are deleted. �t Policy 1.2.4: Annually review historical sanitary sewer demand records and adjust these LOS standards if so indicated by said annual review. Objective 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de- watering and stabilization facilities with all County wastewater treatment plants to produce sludge de- watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. OBJECTIVE 1.4: The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater plants. Policy 1.4.2: Connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.3: Connect existing and future privately owned land suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water systems to the county's effluent system (i.e., separate potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and /or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. Policy 1.4.6: The County will seek to expand the availability of irrigation water from supplemental water sources connected to the reclaimed water system. 6 Words underlined are added; words st -r-ue k thi- e -.,gh are deleted. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water and Sewer District Boundaries on Map - RCAF -1 Figure SS -1 of the e�AFatef Sanitary Sewer Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands - Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these collection lines. FIGURES and TABLES New Figure SS -1, Collier County Sewer District Boundaries New Figure SS -2, Existing and Future Sewer Service Areas New Figure SS -3, North Sewer Service Area New Figure SS -4, South Sewer Service Area New Table SS -14, Capital Improvement Projects FY 2003 -2007, Project Descriptions, Wastewater and Reclaimed Water Exhibit A, CPSP- 2002 -10, SSS -E per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw/2 -24 -03 7 Words underlined are added; words st- ruek threugn are deleted. i i EXHIBIT "A" CPSP- 2002 -10 I �, I mom ©1 ,w ... _ S ' " �, %: J' ►'i: 1. ��� r.. � Fri�i �.►- ---_ % rll :._I. . J� � e . v Ao PFU ... fr� ��, I �, I mom , f EXHIBIT "A" R. E 7 R 26 E NWL N !R I„ g N 3 r YI F N H NN n F CPSP- 2002 -10 FIGURE SS -2 if- NI g a F h f "I H awm wnV EMENT PLM EXISTING AND FU111RE ORROL V AMC NANOMM ... NOW Ulu" ° � R SEWER SERVICE AREAS °L0°eA I _ R 25 E - I R 20 E I R 27 E ff *1011 �.•. 5.1 il ����i�n S S' .... 4ry�ikl NS tl[R44YiL� €g' ' ' ali rsr� ..ygi AWYr r N l ae r v �: iM_ov�, [.,,,..- .,,.�. ,Ni : r ' r • f _..., Nail)iaf N•!'I' R j f8 i 3 � asassaasaaaaw� if- NI g a F h f "I H awm wnV EMENT PLM EXISTING AND FU111RE ORROL V AMC NANOMM ... NOW Ulu" ° � R SEWER SERVICE AREAS °L0°eA I _ R 25 E - I R 20 E I R 27 E ff *1011 O 2 ar U) 114 U I V) z LLJ z . ........ nNIM . X C4 C. 7, 'T, "N N" fl i P of F ti N, ----------- 5 X ­xn LLJ a :lz gg iA A rq a � fj 11b 86H C4 5 1� N O O N w U) w U I N MH W H x w t�1 f s J t jj f _ . p I i 1 1 r. t ; emu SAY ,._.. �1 _ • IF oil Act r- t 1 /ffpg 1 OF.y �} 1113, i� qsq�q �qq' a N rIA li 4 J Z ■ Z t 0 } O ■ N J ■ UU 0 O F Z � U 1 m } Ul N N 0 t�1 f s J t jj f _ . p I i 1 1 r. t ; emu SAY ,._.. �1 _ • IF oil Act r- t 1 /ffpg 1 OF.y �} 1113, i� qsq�q �qq' a N rIA li 4 J Z ■ Z t 0 } O ■ N J ■ UU 0 O F Z � U 1 m } Ul TABLE SS -14 EXHIBIT "A ", page 1 CPSP- 2002 -10 CAPITAL IMPROVEMENT PROJECTS FY 2003 - 2007 PROJECT DESCRIPTIONS WASTEWATER AND RECLAIMED WATER Greeley and Hansen LLC October 2002 Foo I Ht ffil Fundfrype Project Project Name Description (A) No. WASTEWATER PROJECTS Existing Wastewater 413 (Growth Related) Projects Completion of expansion of the existing NCWRF form 8.5 to 13.5 MGD. Add 2 new clarifiers, one new aeration basin, one new effluent filter, a new chlorine contact bldg. & tank, 413 /GD 73031 NCWRF 5 MGD Expansion a new blower bldg. Disinfection facility, sludge dewatering expansion, sludge thickener, odor control, RDP retirement & sludge pumping station. 413/GD 73066 Wastewater Master Plan Updates Annual Update of wastewater master plan. 413/GD 73074 Livingston Road FM PRR to VBR FM from Pine Ridge Road to Vanderbilt Road 413/GD 73076 North /South Sewer Interconnections West Interconnect between north and south sewer systems. 413/GD 73077 NCWRF Flow Equalization Flow Equalization Tanks at NCWRF. 413/GD 73079 Master Pumping Station - Immokalee Road/ CR 951 New Master Pumping Station at Immokalee Road/951 413/GD 73085 VBR 16" FM - C.R. 951 to Logan Blvd. Study, design and construction of new 16" force main from C.R. 951 to Logan Blvd. 413 /GD 73086 C.R. 951 16" FM - Immokalee Rd. to VBR Study, design and construction of new 16" force main from Immokalee Rd. to Vanderbilt Beach Road. 413 /GD 73088 Land Acquistion for Biosolids Facility Prepare study of long -tern biosolids alternatives, determine location for biosolids processing facility, purchase property, and implement plan. Study, Design and construction of a 164nch force main from proposed master pumping 413 /GD 73131 Immokalee Road East 16" Force Main station near Immokalee Road and CR951 to proposed Orange Tree WRF. This force main to be constructed with Immokalee Road widening scheduled to start in FY'03. 413 /GD 73132 East Sewer Interconnect Study, design and construction of Santa Barbara Blvd. force main from Master Pump Station 313.00 to Vanderbilt Beach Rd. 413 /GD 73150 East Sewer Interconnect Booster Station Design and construction of booster pumping station for Santa Barbara Blvd. / Logna Blvd. force main. 413 /GD 73151 Master Pump Station - Vanderbilt Beach Rd. & Logan Blvd. Design and construction of new Master Pump Station for East Sewer Interconnect. 13 /GD 73152 Master Pump Station - Vanderbilt Beach Rd. & Livingston Rd. New Master Pumping Station 3 1GD 73153 Master Pump Station - Immokalee Rd. East Area "B" MPS to Serve Northeast Service Area. 413 /GD 73154 SCWRF Injection Wells Design and install second deep injection well at the SCWRF to provide additional capacity. 413 /GD 73155 New NEWRF - Acquire Site Purchase 147 ac site at Orange Tree for site of WRF and WTP. Study, design and construction of a new 2.0 mgd WRF by 2006, an expansion to 4.0 mgd by 413/GD 73156 New Northeast Water Reclamation Facility 2010, and an expansion to 6.0 mgd by 2018 (expandable to 12 mgd) on the Orange Tree property to replace the existing Orange Tree plant and serve potential new customers in Northeast Service Area. 413 /GD 73157 New SEW RF -Land Acquisition Study Study of possible sites for location of up to 10.5 mgd (mmdf) WRF in Southeast Service Area. 4131GD 73158 Upsize Lakewood FM to 16" Study, design and construction of a new 164nch force main from Master Pumping Station 3.05 to Master Pump Station 3.09 (upgrading existing 12" force main). 413 /GD 73166 Pumping Station Upgrades Upgrades to existing lift stations and pumping stations as needed to keep pace with growth. 413/GD 73167 Growth Management Plan Update Update Sanitary Sewer Subelement to Growth Management Plan 413 /GD 73190 VBR 16" FM - Islandwalk Reimbursement 413/GD 73195 MPS 3.14 (Naples Heritage) New Master Pumping Station 413 /GD 73925 MPS 1.04 New Master Pumping Station Orange Blossom at Goodlette -Frank Improvements to existing lift stations and pumping stations as needed to keep pace with 413 /GD 73945 Pumping Station Improvements growth. Specific lift stations identified for upgrades based on system hydraulic model in current update to master plan. 413 1GD 73948 NCWRF Deep Injection Well Design and install two deep injection wells and new DIW pumping station. 413 /GD 73949 SCWRF Expansion 2001 Expansion of SCWRF to 16 mgd MMDF. Study, design and construction of a two- phased expansion of the plant. The initial phase will be a 5.0 -mgd AADF (6.5 -mgd MMDF) expansion of the WRF. The second phase will also 413 /GD 73950 NCWRF 30.6 MMADF Expansion (Phase 1 = 24.1 mgdMMDF) be 5.0 mgd AADF (6.5 mgd MMDF). The first phase expansion will result in a capacity of 24.1 mgd MMDF and will be on -line by 2005. The second phase expansion will result in a capacity of 30.6 mgd MMDF and will be on -line by 2010. New Wastewater 413 Projects 413/GD WW7 Land Acquisition Study for East Central WRF Study of possible sites for location of up to 12.1 mgd (mmdf) WRF in East Central Service Area. 413/GD WW8 East Central WRF Land Acquisition Purchase 50 ac site at in East Central area for site of WRF. 413/GD W W 10 Southeast WRF Land Acquisition Purchase 50 ac site at in -East Central area for site of WRF. 3 /GD W W 12 East Central WRF Study, design and construction of a new 4.0 mgd WRF by 2006 and an expansion to 8.0 mgd by 2014 (expandable to 12 mgd) in Area C to serve potential new customers. Study, design and construction of a new 3.0 mgd WRF by 2012 and an expansion to 5.0 413/GD W W 13 Southeast WRF mgd by 2019 (expandable to 10.5 mgd) in Area D to serve potential new customers. (Defer until after 2010.1 413/GD W W 15 Service to Golden Gate City If the County acquires the Golden Gate City ublllity, costs will be incurred to decommission the plant and direct flows to a County facility. Table SS.14 2002 Collier WW CIP De ipfions Page 1 03 2(7103 EXHIBIT "A", page 2 TABLE SS -14 CPSP- 2002 -10 L41001 Fundlrype A) (A) Project No. Project Name � Description W W 19 Replace Ex. 4" Force Main with 6" Study, design and construction of a new 6 -inch force main from Master Pumping Station 145.00 to Airport- Pulling Road (upgrading existing 4" force main). 413 /GD 2002 -1 Livingston Road FM Upsize- Regional Park to 1. R. Study, design and construction of upsize of existing 12 -inch force main to 204nch force main from Regional Park to I.R. 413/GD 2002 -2 VBR FM -Logan Blvd. To Goodlette Study, design and construction of a new 16-and 24inch force main from Logan Blvd. To Goodlette -Frank Road. 413/GD 2002 -3 Goodlette Rd FM - VBR to NCWRF Study, design and construction of a new 304nch force main from Vanderbilt Beach Road to NCWRF Existing Wastewater 414 (Renewal/Replacement Projects 414/R,R&EI 70027 Clean Water Act Risk Mgt Study Clean Water Act Risk Management Study for Wastewater. 4141R,R &E 70078 Spl. Assessment Software Software 414 /R,R &E 73028 Goodlette Rd FM Relocation Goodlette -Frank Road Four Laning Improvements (Jct. Pine Ridge Road to Jct. Vanderbilt Beach Road) Relocate 12,500 LF of 16" FM and 4,400 LF of 24" FM as part of road widening project 60134 414 /R,R &E 73032 Sewer System Mapping Creating a set of system maps for the water and wastewater departments to be utilized for location of all facilities. The maps will be utilized in emergency situations and as a reference for local engineers requesting information on our wastewater system. Additionally, the maps will be utilized by the PWED Section in planning for future expansion of our system to keep up with anticipated growth. 414/R,R&EI 73045 FDOT Joint P 'ts Contingency fund for the relocation of sewer mains from various FOOT projects. 414 /R,R &E 73054 Cnty Barn Sewer Line Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocate sewer mains for road widening project. Road project currently scheduled for FY 2006. 414 /R, R &E 73060 Port Au Prince Sewer Replace sus - standard wastewater collection system serving 4 streets off of Port-au-Prince Road pending identification of a funding source. 414lR,R &E 73065 CCDOT Utility Relocates Relocation of utilities as may be needed given accelerated County road construction schedules. 414 /R,R &E 73071 Energy Efficiency Enhancements Study and implement electrical upgrades to imrpove energy efficiency at the treatment plants and larger pumping stations. 414 /R,R &E 73072 Public Utilities Operations Center Relocate sewer collection crews and equipment depot to a larger facility to accommodate growth. Proceeds from the sale of the existing facility at 6027 Shirley Street will be realized and will help offset the cost to relocate to a larger facility. 414lR,R &E 73078 Henderson Creek Sewer Improvements To provide sewer service connections to properties (M &E and B &I) South of Henderson Creek Rd, 414lR,R &E 73082 Pump /Lift Stations Rehab Design and bid pumping station rehabilitation for wastewater collections department. a14 /R,R &E 73083 Sewer Line Rehab Design and bid trenchless sewer rehabilitation for wastewater collections department. 'R,R &E 73127 Sludge Stabilization Management Sludge Management Improvements . 4 /R,R &E 73160 Rookery Bay FM and PS Improvements Improvemnets to Rookery Bay wastewater transmission system. 414 /R,R &E 73161 Take Package Plants Off -Line (4} This project will allow the County to take over service to wastewater customers in the County now served by package treatment plants. 4141R,R &E 73162 City Permanent Inter - connect Forcemain inter - connect with City of Naples 414/R,R&EI 73163 BSU Inter - connect Forcemain inter - connect with Bonita Springs Utilities 414 /R,R &E 73164 South County I &I Analysis Provide sewer system I &I analysis and field investigation as recommended in the South Collier County Regional WRF Design Report (June 2001). Goal is to reduce wet weather flows to the SCWRF. 414/R,R&EI 73165 Asset Management Assistance Provide assistance in management of the Countys utility assets. 414 /R,R &E 73168 Odor /Corrosion control Multi -year program to investigate and implement odor and corrosion control improvements throughout the wastewater collection system. 414 /R,R &E 73301 VBR - Airport Rd. to CR951 eff relocate Relocate existing force main for road construction. 4141R,R &E 73302 CR951 - GGB to immok. Rd. relocate Relocate existing force main for road construction. 414 /R,R &E 73306 RattleSH Rd. - Polly to CR951 relocate Relocate existing force main for road construction. 414lR,R &E 73916 South Cnt Re W WTP Y 9 Work includes replacemaent of Parkson screen, Flyght BFP Feed pumps, instrumentation for motor operated valves. 414 /R,R &E 73922 Telemetry Add telemetry to 530 of 650 remote lift stations and 13 master lift stations over five years starting FY02. 414 /R,R &E 73943 30" Immokalee Road FM Clean existing 30" FM and install permanent pigging station. 414 /R,R &E 73944 Billing System 9 Y The purpose of this project is the updating of the billing system software currently utilized by the Dept. of Revenue for Water and WW accounts. The current software does not have report writing or generation capabilities. Additionallly, the software is outdated for the number of customers that Collier County has and will continue to gain. 414/R,R &E 73949 SCWRF Expansion 2001 Expansion of SCWRF to 16 mgd.. 414 /R,R &E 73950 NCRWRF Expand to 30.6 mgd MMDF Expansion of NCWRF to 30.6 mgd MMDF ( Phase 1 = 24.1 mgd MMDF). 414 /R,R &E TBD 2003 FDOT Joint Projects Contingency fund for the relocation of sewer mains from various FDOT projects. 414 /R,R &E TBD Sewer Line Rehab Design and bid trenchless sewer rehabilitation for wastewater collections department. 414 /R,R &E TBD Pump /Lift Station Rehab Prepare manhole and lift station rehabilitation annual contract bid documents. 414 /R,R &E TBD Odor /Corrosion Control Multi -year program to investigate and implement odor and corrosion control improvements throughout the wastewater collection system. 414lR,R &E TBD CCDOT Utility Relocates Relocation of utilities as may be needed given accelerated County road construction schedules. New Wastewater 414 Projects . /R,R &E WW14 Decommssioning of Pelican Bay WRF Study, design and decommissioning of Pelican Bay WRF. 414 /R,R &E 2002 -4 NCWRF Oxidation Ditch Improvements Study, Design and Construction of Improvements to NCWRF Oxidation Ditch Table 93.14_2002 Cofer W W CIP Downpaons Page 2 of 3 2fl103 EXHIBIT "A", page 3 TABLESS•14 CPSP- 2002 -10 . 8A Fund/Type (A) Project No. Project Name Description RECLAIMED WATER PROJECTS Existing Reclaimed Water 413 Projects 413 /GD 74020 Back Pressure Sustaining Valves Install back presssure sustaining valves at all reclaimed water meter assemblies to create pressure on demand system. 413 /GD 74021 Golden Gate Canal Supplemental Water System Study, design and construction of system to extract surface water for meeting peak irrigation demands. 413/GD 74029 Effluent Management Master Plan Update Update effluent management portion of countywide wastewater master plan. 413/GD 74030 ASR Reclaimed Water Wells Design, permit and construct one ASR test well initially, then construct up to seven ASR wells for the purpose of injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Also includes monitor wells piping pumps and telemetry. 413 /GD 74034 Vanderbilt Bch Reclaim WM 20" Construct 20" reclaimed water main along Vanderbilt Beach Road from Airport Road to Village Walk Circle to Increase flows to the N/S interconnect, the injection wells and customers east of 1 -75. 413 1GD 74035 Radio Rd /Santa Barbara Blvd. 16" Reclamed WM Construct 16' reclaimed water main along Radio Road and Santa Barbara Blvd. From Foxfire to Countryside to increase flows to N/S interconnect. A possible alternate route is along the FPL easement between Davis Blvd. & Radio Rd. 413/GD 74036 Radio Rd 20" RCI WM Construct 20" reclaimed water main along Radio Road from Briarwood to Foxfire as part of WS interconnect. 4131GD 74076 Reclaimed Water Booster Pump Station - North New Booster Pumping Station. 413/GD 74077 NCWRF 24" Reclaimed Water Main - NCWRF to Vanderbilt Beach Rd. New Reclaimed Water Transmission Main. 4131GD 74078 NCWRF 24" Reclaimed Water Main -Along Livingston Rd, VBR New Reclaimed Water Transmission Main. 413/GD 74125 Supplemental Irrigation Water Study, design and construction of supplemental water facilities for reclaimed water system. 413 /GD TBD 2002 Growth Management Plan Update Update growth management plan subelement every five years. 4131GD 74037 Miscellaneous Effluent Improvements Miscellaneous Effluent Improvements New Reclaimed Water 413 Projects 413 /GD RW 1 Reclaimed Water Booster PS -North SA Study, design, and construction of booster ps recommended in Water Resource Planning Report, August 2001. 413/GD RW2 Interconnect to South SA - 20" Reclaimed WM Study, design, and construction of reclaimed water line recommended in Water Resource Planning Report, August 2001. 13 /GD RW3 Interconnect to North SA - 20" Reclaimed WM Study, design, and construction of reclaimed water line recommended in Water Resource Planning Report, August 2001. Existing Reclaimed Water 414 Projects 414 /R,R &E 74015 Misc. Effluent Improvements Allowance for annual improvements to the reclaimed water transmission system. 414 /R,R &E 74019 Cnty Barn Rd Eff Line Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocate reclaimed water mains for raod widening project. Road project currently scheduled for FY06. 414 /R,R &E 74021 Golden Gate Canal Supplemental Water System Initiation of plan to obtain supplemental irrigation water from the canal. 414 /R,R &E 74023 Pelican Bay Irrg Fire Conversion of Pelican Bay Fire protection system from reclaimed water to potable water. 414 /R,R &E 74028 Goodlette Rd Reclaim WM - Relocate Goodlette -Frank Road Four Laning Improvements (Jct. Pine Ridge Road to Jct. Vanderbilt Beach Road) Relocate 4,400 LF of 20" effluent main as part of road widening project 60134. 414 /R,R &E 74030 Reclaimed Water ASR Study, design and construction of new reclaimed water ASR wells. 414 /R,R &E 74031 Rehab SCW RF Reclaimed Wtr Stg Tank Repairs to reclaimed water storage tank includes repairs to wall cracks, construction joints and expansion joints. 414 /R,R &E 74033 Reclamed Water Telemetry Add telemetry to 31 reclaimed water user sites and 7 raw water well sites. There are 19 sites in North Service Area, 7 raw water wells, and 12 sites in the South Service area. 414 /R,R &E 74039 Pelican Bay Wells Add two new wells with vault, electrical instrumentation and controls. 414 /R,R &E 74047 Reclaimed Water Automatic Read Meters Add automatic read meters to exisflng system to enhance operation. 414 /R,R &E 74075 Eagle Lakes Reclaimed Water Pump Station Upgrades to reclaimed Water PS 414 /R,R &E 74125 Supplemental Irrigation Water Funds are to identify sources and implement a supplemental water supply to augment reclaimed water used for irrigation. Includes Immokalee Rd Wellfield and Reclaimed Water Line, 414 /R,R &E 74300 Immok, Rd. - US41 to 175 eff relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74301 VBR - Airport Rd. to CR951 eff relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74302 CR951 - GGB to immok. Rd. relocate Reclaimed water pipeline relocation for new road construction. 4141R,R &E 74303 GGP - Airport to SBB eff relocate Reclaimed water pipeline relocation for new road construction. 1414/R,R&EI 74307 Misc. Effluent Improvements Misc. Effluent Improvements 1414/R,R&EI 74308 Pelican Bay Reclaimed Water PS Cranes Add Cranes at Pelican Bay Reclaimed PS Table SS- 14_2002 Collier W W CIP Descriptions Pgre 3 013 217/03 C • Exhibit A CAPITAL IMPROVEMENT ELEMENT CPSP- 2002 -11 #1. POLICY 1.1.2 [page 3] Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q= (SxD) -I. Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County -Wide density or intensity of permissible development with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate population projections through the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, yeaF 2906, and then 95% of the BEBR Medium high range growth rate thereafter, for the variable "D ", unless one of the following simultaneously occurs: Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; 2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. 1 Words underlined are added; wfei-de st=i=u through are deleted. t C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County -Wide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 3 %of the adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. #2. POLICY 1.1.5 [page 6] Policy 1.1.5. The standards for levels of service of public facilities shall be as follows: Category A Public Facilities A4 County Potable Water Systems: A4.1 County systems County Water District - 185 gallons per capita per day Goodland Water District - 1-63 185 gallons per capita per day A4.2 City of Naples = 443 185 gallons per capita per day in the unincorporated service area City of Everglades - 463 185 gallons per capita per day in the unincorporated service area A4.3 Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. 2 Words underlined are added; _ erds st3a • through are deleted. WA A5 County Sanitary Sewer Systems: A5.1 County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day A5.2 City of Naples = 4-24 145 gallons per capita per day in the unincorporated service area A5.3 Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. Exhibit A, CPSP- 02.11, CIE per CCPC rec. G, Comprehensive, Comp Plan Amendments, 2002 cycle dw13 -24 -03 Words underlined are added; weL-Els —s�.rd through are deleted. Patricia L. Morgan To: Kendall, Marcia Subject: Advertising for BCC 4/8/03 Meeting Yfi Marcia, We received the advertising request from 911ary ,7o today on the Comp. Tlan. Tease emadorfaxus the notice that you sent to the newspaper so that we will have them in the record. When is runs in the paper, we make sure to get a copy of it so that we know that it ran. (We don't always get the affidavit by the time of the meeting.) Please make sure that we get an affidavit for the backup. Since you placed the order, they will probably send it to you. If you have any questions concerning this, please give me a call (774 -8406) or email us at: minutesandrecords @clerk. colCaerfl us Thanks, Trish Patricia L. Morgan From: System Administrator [postmaster @colliergov.net] Sent: Thursday, March 27, 2003 8:42 AM To: Patricia L. Morgan Subject: Delivered: Advertising for BCC 4/8/03 Meeting LJ Advertising for BCC 4/8/03 Mee... «Advertising for BCC 418103 914eeting>> `Your message 7o: Kendal; 9Marcia Subject: Advertising for BCC 418103 Meeting Sent: qiu, 27 War 2003 08 :41:59 -0500 was delivered to the following recipient(s).- kendad m on Thu, 27 914ar 2003 08:42:25 -0500 Patricia L. Morgan 8A To: Weeks, David Subject: Advertising of CP- 2002 -1 thru -5, and CPSP- 2002 -6 thru 11 Oi Mr. Weeks, We received the resolution and the eyh16its for the above mentioned advertising, but we didn't get the actual notice to Naples Daily News or the ad run specifications that was placed 6y the Manning Department. We have called and emailed Marcia Kendal, without a response as of yet. Please let us know when this is to appear (twice) in the newspaper andwhat the actualnotice said We needit for the backup documentation and to be able to clip the ad(s) from the paper. Tiankyou, Trish Morgan Minutes e� 1f cords Patricia L. Morgan From: System Administrator [postmaster @colliergov.net] Sent: Thursday, March 27, 2003 1:28 PM To: Patricia L. Morgan Subject: Delivered: Advertising of CP- 2002 -1 thru -5, and CPSP- 2002 -6 thru 11 Advertising of CP- 2002 -1 thru ... «Adverb ing of CAP- 2002 -1 thru -5, and CTSP 2002 -6 thru 11» Tour message 7o: Weeks, David Su6ject: Advertising of CT- 2002 -1 thru -5, and cTSP 2002 -6 thru 11 Sent: rlhu, 27 9Kar 2003 13:27:31 -0500 was delivered to the foffowing recipient(s).• weeks don Thu, 27 912ar 2003 13:27.• 54 -0500 Patricia L. Morgan 8 From: NimnuanKristy [KristyNimnuan @colliergov.net] Sent: Thursday, March 27, 2003 1:42 PM To: Patricia L. Morgan Subject: Naples Daily News Ad Importance: High 1�1 1E BCC GMP2002 cor.gmp2002 1- 11.doc 1- 11.doc Trish, I was the one that brought the resolution ande.4Chi6its clown yesterday. 914arcia is out with surgery. I forgot to bring the ad with me. Apparently there was a miscommunication with the planning director and she had her secretary take the ad to the Naples cDai(y News for a proof on 91,tonday. I have a copy of that if you need it. I can email it to you or I can fax or interoffice it to you. It is to appear Sunday 3130 in the paper. 'There is also a map that goes along with it, that I don't have electronically. Tfease advise what you want me to do. If you need it immediately, I will bring it down or I can interoffice to you or even fax it to you. I apologize for the oversight. «BCC G9K(1'20021- 11.doc>> <<corgmp20021- 11.doc>> Kristy Nimnuan Manning Technician Comprehensive Manning (239659 -5749 (Phone (239643 -6968 Ea.X Email xrist Ximnuan@coffiergov.net I March 21, 2003 Naples Daily News 1075 Central Avenue Naples, Florida 34102 Attn: Pam Perell April 8, 2003 BCC Public Hearing Advertising Requirements Please publish the following Advertisement and Map on Sundav March 30, 2003 and furnish proof of publication to the Comprehensive Planning Section, 2800 North Horseshoe Drive, Naples, Florida 34104. The advertisement including the map should be a full page and the headline (Notice of Public...) and Resolution Title (Resolution No. 03- A Resolution Proposing...) must be in a type no smaller than 18 point. The advertisement should not be placed in that portion of the newspaper where legal notices and classified advertisements appear. Should you have any questions, please call me at 213 -2919 or 254 -1713. Thank you for your attention to this matter. Sincerely, Margaret Wuerstle, AICP Planning Services Director NOTICE OF PUBLIC HEARING FOR CONSIDERATION OF COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Tuesday April 8, 2003 at 9:00 A.M. in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. The purpose of the hearing is to consider a recommendation on amendments to the Growth Management Plan. The resolution title is as follows: RESOLUTION NO. 03- A Resolution Proposing Amendments to the Collier County Growth Management Plan, Specifically Amending the Future Land Use Element and Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Potable Water Sub - Element and Sanitary Sewer Sub - Element of the Public Facilities Element, the Golden Gate Area Master Plan and the Golden Gate Future Land Use Map and Map Series, the Capital Improvement Element, and Furthermore Recommending Transmittal of these Amendments to the Florida Department of Community Affairs. The Board of County Commissioners will consider the following amendments as described in greater detail below. Locations are identified on the Collier County Map with the corresponding petition number. Certain petition numbers do not appear on the map below since these petitions are requests for text amendments only and generally apply County -wide. Also, certain petition numbers that do appear on the map also include text amendments that generally apply County- wide. • CP- 2002 -1, petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5 ± acres to include property located '/4 mile east of Collier Blvd.(CR -951) and on the north side of the road leading to the Swamp Buggy grounds [opposite Rattlesnake- Hammock Rd. (CR- 864)], in Section 14, T50S, R26E to allow 185,000 square feet of certain specified commercial uses. [ Contact: Jean Jourdan] • CP- 2002 -3, petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Subdistrict by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C -3 zoning district, and removing conditional uses, for property located at the NE quadrant of the Pine Ridge Road and Livingston Road intersection, in Section 7, T49S, R26E. [Contact: Glenn Heath] CP- 2002 -4, petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural- Settlement Area District to clarify vested uses, densities, and intensities, and to clarify that an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR -846), the north side of Randall Blvd., and bisected by Oil Well Road (CR -858), and commonly known as Orangetree PUD. [Contact: David Weeks] • CP- 2002 -5, petition requesting a text amendment to the Future Land Use Element (FLUE) to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, limited to dwelling unit ownership, and applicable to 55 acres in the Urban Residential Fringe Subdistrict, located on the east side of Collier Blvd. (CR -951), approximately 0.6 mile south of Rattlesnake- Hammock Rd. (CR -864), in Section 23, T50S, R25E. [Contact: Jean Jourdan] • CPSP- 2002 -6, petition requesting amendments to the Golden Gate Area Master Plan ( GGAMP) text and Future Land Use Map and Map Series, primarily as a result of the recommendations of the GGAMP Restudy Committee, to include: 1. Establishing the new "Commercial Western Estates Infill Subdistrict" at the SW corner of the Collier Blvd. (CR -951) and Vanderbilt Beach Rd. (CR -862) intersection. 2. Expansion of the Neighborhood Center designation at the Wilson Blvd. and Golden Gate Blvd. intersection so as to include all four quadrants. 3. The creation of two new Neighborhood Center designations: one at the Everglades Blvd. and Golden Gate Blvd. intersection (all four quadrants), and one at the Everglades Blvd. and Immokalee Rd. (CR -846) intersection (southerly two quadrants). 4. Text revisions to the Conditional Use Subdistrict. 5. Text revisions regarding commercial uses, including the creation of a new goal and objective. 6. Text revisions for format consistency, correction of prior errors and correction of omissions. [Contact: Glenn Heath] • CPSP- 2002 -7, petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series to include: 1. Text revisions to Policy 4.6 to be consistent with the Land Development Code amendments pertaining to Access Management Plan provisions. 2. Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as they relate to the Capital Improvement Element. 3. Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past application and interpretation by Planning Staff and the Board of County Commissioners. 4. Text revisions to the PUD Neighborhood Village Center, Business Park, and Research and Technology Park Subdistricts to add clarity of intent regarding development thresholds. 5. Text revisions to the Density Rating System to explain and clarify density calculations. 6. Revisions to the Wellhead Protection Areas Map to reflect hydrologic modeling, changes in wellfield use, and addition of new wells. 7. Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of errors and correction of omissions. [Contact: David Weeks] • CPSP- 2002 -8, petition requesting a text amendment of the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. [Contact: David Weeks] • CPSP- 2002 -9 , petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub - Element of the Public Facilities Element in order to modify the Level of Service standards; an amendment requesting new Water District Boundary and Potable Water Service Area Maps, new Potable Water Treatment and Transmission Facilities Map and new Table of Capital Improvement Projects; and an amendment requesting an update to the entire Support Document. [Contact: David Weeks] CPSP- 2002 -10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary Sewer Sub - Element of the Public Facilities Element in order to modify the Level of Service standards; an amendment requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities f Maps, and new Table of Capital Improvements Projects; and an amendment requesting an update to the entire Support Document. [Contact: David Weeks] CPSP- 2002 -11, petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust Level of Service standards for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub - Elements. [Contact: David Weeks] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection at the Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8A.M. and 5P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section at (239) 403 -2300. Written comments filed with the Comprehensive Planning Section prior to April 8. 2003 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tom Henning, Chairman Collier County Board of County Commissioners • 1 T 46 5 - - -T l —T 48 S 1 -- T 49 S - -�- - -T 5o 5 T 51 S T 52 5 �_ T 53 S .�vn� rrr,unrw .LLllnm 3ova s �a F ri H� R Q <* Yan pyyc' I00121 AHU AlINaKW00 03 HAI'I700 9969£69T66 YVd 60 :91 £0/GZ /£0 • NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 1 time(s) in the issue on March 30, 2003 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newsp� per. ( SigAature of affiant) Sworn to and subscribed before me this 1 st day of April, 2003 i J (Signature of notary public) Donna Chesney y My Commission DD068336 XT�i,r 4 Expires September 11, 2005 Agmah" NOTICE OF PUBLIC HEARING k ,CAM *11.J1­1 FOR CONSIDERATION OF COLLIER COUNTY GROWTH MANAGEMENT PLAN AMENDMENTS Notice is hereby given that a public hearing will be held by the Collier County Board of County Commissioners on Tuesday April 8, 2003 at 9:00 A.M. in the Board of County Commissioners Meeting Room, 3rd Floor, Administration Building, County Government Center, 3301 East Tamiami Trail, Naples, Florida. The purpose of the hearing is to consider a recommendation on amendments to the Growth Management Plan. The resolution title is as follows: RESOLUTION NO. 03- A Resolution Proposing Amendments to the Collier County Growth Management Plan, Specifically Amending the Future Land Use Element and Future Land Use Map and Map Series, the Immokalee Area Master Plan, the Potable Water Sub - Element and Sanitary Sewer Sub - Element of the Public Facilities Element, the Golden Gate Area Master Plan and the Golden Gate Future Land Use Map and Map Series, the Capital Improvement Element, and Furthermore Recommending Transmittal of these Amendments to the Florida Department of Community Affairs. The Board of County Commissioners will consider the following amendments as described in greater detail below. Locations are identified on the Collier County Map with the corresponding petition number. Certain petition numbers do not appear on the map below since these petitions Ore requests for text amendments only and generally apply County -wide. Also, certain petition numbers that do appear on the map also include text amendments that generally apply County -wide. • CP- 2002 -1, petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5± acres to include property located ' /< mile east of Collier Blvd. (CR -951) and on the north side of the road leading to the Swamp Buggy grounds [opposite Rattlesnake- Hammock Rd. (CR- 864)], in Section 14, T50S, R26E to allow 185,000 square feet of certain specified commercial uses. [Contact: Jean Jourdan] • CP- 2002 -3, petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Subdistrict by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and/or office uses as allowed in the C-3 zoning district, and removing conditional uses, for property located at the NE quadrant of th's, Pine Ridge Road and Livingston Road intersection, in Section 7, T49S, R26E. [Contact: Glenn Heath] • CP- 2002 -4, petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural - Settlement Area District to clarify vested uses, densities, and intensities, and to clarify that an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR -846), the north side of Randall Blvd., and bisected by Oil Well Road (CR -858), and commonly known as Orangetree PUD. [Contact: David Weeks] • CP- 2002 -5, petition requesting a text amendment to the Future Land Use Element (FLUE) to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, limited to dwelling unit ownership, and applicable to 55 acres in the Urban Residential Fringe Subdistrict, located on the east side of Collier Blvd. (CR -951), approximately 0.6 mile south of Rattlesnake- Hammock Rd. (CR -864), in Section 23, T50S, R25E. [Contact: Jean Jourdan] • CPSP- 2002 -6, petition requesting amendments to the Golden Gate Area Master Plan ( GGAMP) text and Future Land Use Map and Map Series, primarily as a result of the recommendations of the GGAMP Restudy Committee, to include: 1. Establishing the new "Commercial Western Estates Infill Subdistrict" at the SW comer of the Collier Blvd. (CR -951) and Vanderbilt Beach Rd. (CR -862) intersection. 2. Expansion of the Neighborhood Center designation at the Wilson Blvd. and Golden Gate Blvd. intersection so as to include all four quadrants. 3. The creation of two new Neighborhood Center designations: one at the Everglades Blvd. and Golden Gate Blvd. intersection (all four quadrants), and one at the Everglades Blvd. and Immokalee Rd. (CR -846) intersection (southerly two quadrants). 4. Text revisions to the Conditional Use Subdistrict. 5. Text revisions regarding commercial uses, including the creation of a new goal and objective. 6. Text revisions for format consistency; correction of prior errors and correction of omissions. [Contact: Glenn Heath] CPSP- 2002 -7, petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series to include: 1. Text revisions to Policy 4.6 to be consistent with the Land Development Code amendments pertaining to Access Management Plan provisions. 2. Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as they relate to the Capital Improvement Element. 3. Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past application and interpretation by Planning Staff and the Board of County Commissioners. 4. Text revisions to the PUD Neighborhood Village Center, Business Park, and Research and Technology Park Subdistricts to add clarity of intent regarding development thresholds. 5. Text revisions to the Density Rating System to explain and clarify density calculations. 6. Revisions to the Wellhead Protection Areas Map to reflect hydrologic modeling, changes in wellfield use, and addition of new wells. 7. Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of errors and correction of omissions. [Contact: David Weeks] • CPSP- 2002 -8, petition requesting a text amendment of the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. [Contact: David Weeks] • CPSP- 2002 -9 , petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub - Element of the Public Facilities Element in order to modify the Level of Service standards; an amendment requesting new Water District Boundary and Potable Water Service Area Maps, new Potable Water Treatment and Transmission Facilities Map and new Table of Capital Improvement Projects; and an amendment requesting an update to the entire Support Document. [Contact: David Weeks] • CPSP- 2002 -10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary Sewer Sub - Element of the Public Facilities Element in order to modify the Level of Service Standards; an amendment requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps, and new Table of Capital Improvements Projects; and an amendment requesting an update to the entire Support Document. [Contact: David Weeks] • CPSP- 2002 -11, petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust Level of Service standards for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub - Elements. [Contact: David Weeks] All interested parties are invited to appear and be heard. Copies of the proposed amendments are available for public inspection at the Comprehensive Planning Section, 2800 N. Horseshoe Drive, Naples, Florida between the hours of 8A.M. and 5P.M., Monday through Friday. Any questions pertaining to these documents should be directed to the Comprehensive Planning Section at (239) 403 -2300. Written comments filed with the Comprehensive Planning Section prior to April 8, 2003 will be read and considered at the public hearing. If a person decides to appeal any decision made by the Collier County Board of County Commissioners with respect to any matter considered at such meeting or hearing, he will need a record of that proceeding, and for such purpose he may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. Tom Henning, Chairman Co(Iier,Qounty Board of ount i Commissioners R 26 F f A21 aw-Now t I�LEECUTy 266 R 20 E R 30 E R 31 E R 32 E R38E MMY COUNTY 34 IMM ALES 00:1 X00! MaOx COUNTY Coll'" countil ca Florida Hv"y MUN7Y 'T 46 -4 4b ca O Cos -4 pl dl fV O qn onn� 'IF w - ---I CA it Oe CP4X&4 ammew ovwmmr PAW. 0 NLVM NAPLES 1 0/ CITY ;r DOW~ SCALE MARC. ISLAND I MI. La V! E"GLADES -0 AND 7 DEVELOPMENT TOOOCAL Sli OMMUNITY LTE 'AND E 'APLP ,R Ap T DWG DtVMCN MaOx COUNTY Coll'" countil ca Florida Hv"y MUN7Y 'T 46 -4 4b ca O Cos -4 pl dl fV O qn onn� 'IF • MEMORANDUM Date: April 14, 2003 To: Marcia Kendall Growth Management From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -139 RE: Collier County Comprehensive Plan Amendments to the Growth Management Plan Enclosed please find one certified copy of the resolution with Exhibits as referenced above, approved by the Board of County Commissioners on Tuesday, April 8, 2003 (Agenda Item #8A). Kindly forward these documents to the Department of Community Affairs for review . Thank you. Enclosures RESOLUTION NO. 03- 139 A RESOLUTION PROPOSING AMENDMENTS TO THE COLLIER COUNTY GROWTH MANAGEMENT PLAN, SPECIFICALLY AMENDING THE FUTURE LAND USE ELEMENT AND FUTURE LAND USE MAP AND MAP SERIES, THE IMMOKALEE AREA MASTER PLAN, THE POTABLE WATER SUB - ELEMENT AND SANITARY SEWER SUB - ELEMENT OF THE PUBLIC FACILITIES ELEMENT, THE GOLDEN GATE AREA MASTER PLAN AND THE GOLDEN GATE FUTURE LAND USE MAP AND MAP SERIES, THE CAPITAL IMPROVEMENT ELEMENT, AND FURTHERMORE RECOMMENDING TRANSMITTAL OF THESE AMENDMENTS TO THE FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS. WHEREAS, Collier County, pursuant to Section 163.3161, et. seq., Florida Statutes, the Florida Local Government Comprehensive Planning and Land Development Regulation Act, was required to prepare and adopt a comprehensive plan; and WHEREAS, the Collier County Board of County Commissioners adopted the Collier County Growth Management Plan on January 10, 1989; and WHEREAS, the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 provides authority for local governments to amend their respective comprehensive plans and outlines certain procedures to amend adopted comprehensive plans pursuant to Sections 163.3184 and 163.3187, Florida Statutes; and WHEREAS, Collier County has prepared Plan Amendments to the following elements of its Growth Management Plan: And Future Land Use Element, including the Future Land Use Map and map series Golden Gate Area Master Plan Element, including the Golden Gate Future Land Use Map and map series Immokalee Area Master Plan Potable Water Sub - Element Sanitary Sewer Sub - Element Capital Improvement Element; WHEREAS, the Collier County Planning Commission has considered the proposed amendments to the Growth Management Plan pursuant to the authority granted to it by Section 163.3174, Florida Statutes, and has recommended approval of said amendments to the Board of County Commissioners; and WHEREAS, upon receipt of Collier County's proposed Growth Management Plan Amendments, various State agencies and the Department of Community Affairs (DCA) have ninety (90) days to review the proposed Amendments and DCA must transmit, in writing, to Collier County, its comments along with any objections and any recommendations for modification, within said ninety (90) days pursuant to Section 163.3184, Florida Statutes; and WHEREAS, Collier County, upon receipt of the written comments from DCA must adopt, adopt with changes or not adopt the proposed Growth Management Plan Amendments, within sixty (60) days of such receipt pursuant to Section 163.3184, Florida Statutes; and WHEREAS, the DCA, within forty -five (45) days of receipt of Collier County's adopted Growth Management Plan Amendments, must review and determine if the Plan Amendments are in compliance with the Local Government Comprehensive Planning and Land Development Act of Words underlined are additions; Words strUGk t#r9Ug# are deletions 1 1985; the State Comprehensive Plan; the appropriate Regional Policy Plan and Rule 9J -5, Florida Administrative Code, pursuant to Section 163.3184, Florida Statutes. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Collier County, Florida, that: The Board of County Commissioners hereby approves the proposed Growth Management Plan Amendments, attached hereto as Exhibit A and incorporated by reference herein, for the purpose of transmittal to the Department of Community Affairs thereby initiating the required State evaluation of the Growth Management Plan Amendments prior to final adoption and State determination of compliance with the Local Government Comprehensive Planning and Land Development Regulation Act of 1985 and Rule 9J5, Florida Administrative Code, Minimum Criteria for Review of Local Government Comprehensive Plans and Determination of Compliance. THIS RESOLUTION ADOPTED after motion; second and majority vote this day of 2003. ATTE�` DW IG. 4T E;'ORQGK, Crefk. � t . J ��A btu only. Approved as to form and legal sufficiency: /L411,1 -A,&�, I I , 4�"-z 41 Marjorie . Student Assistant County Attorney 2003 GMP Transmittal Resolution BOARD OF COUNTY COMMISSIONERS COLLIER COU TY, FLORI A • BY: TOM HENNING, CHAIRMAN y falo3 Words underlined are additions; Words s#Fask throygI4 are deletions 2 Exhibit A FUTURE LAND USE ELEMENT CP- 2002 -1 1. Mixed Use Activity Center Subdistrict [revises text, page 19] Am 2. The permitted land uses for a Master Planned Mixed Use Activity Center shall be same as for designated Activity Centers; however, a Master Planned Mixed Use Activity Center encompassing the majority of property in two or more quadrants shall be afforded the flexibility to redistribute a part or all of the allocation from one quadrant to another. The maximum amount of commercial uses permitted at Activity Centers # 3 and #7 is 40 acres per quadrant for a total of 160 acres maximum in the entire Activity Center. - the balance e€ -tie of the land +uses area shall be for residential and /or community facilily uses facilities. The maximum amount of commercial uses permitted at Activity Center #7 is 40 acres per quadrant, except that the northeast quadrant may have a total of 59 acres, for a total of 179 acres maximum in the entire Activity Center: the balance of the land area shall be for residential and /or community facility uses. With respect to the +/- 19 acres in the northeast quadrant of Activity Center #7, said acreage lying adjacent to the east of the Hammock Park Commerce Center PUD, development shall be limited to a total of 185.000 square feet of the following uses: personal indoor self- storage facilities: offices for various contractor /builder construction trade specialists inclusive of the offices of related professional disciplines and services that typically serve those construction businesses or otherwise assist in facilitating elements of a building and related infrastructure, including but not limited to architects, engineers, land surveyors and attorneys: mortgage and land title companies: related businesses including but not limited to lumber and other building materials dealers, paint, glass, and wallpaper stores, garden supply stores: management associations of various types of buildings or provision of services to buildings /properties and fitness centers: warehouse space for various contractor /builder construction trades occupants. Activity Center #14 shall have a maximum of 45 acres for commercial use, the balance of the land uses shall be for residential and /or community facility uses faeilities. Activity Centers #2 and #5 have approximately 80% of the area zoned or developed for commercial uses. For purposes of these two Activity Centers, the entire Activity Center is eligible for up to 100% or any combination thereof, of the following uses: commercial, residential and /or community facilities. Exhibit A, CP- 2002 -1, AC #7 per CCPC rec. G, Comp, Camp Plan Amendments, 2002 cycle jj- dw /3 -18- 03/3 -24 -03/4/10/03 Words underlined are added; words struek thrug'- are deleted. T F W Q ° s t 00 W N C W G7 G T 46 S I T 47 S 1 T 48 8 � n P a � $o g 3 ❑! I ® ■ t; e. e. x ��� ❑�aL': V. 4810 $ 0 01 7 gp= §Yl�ll Eglgi ❑0 ®®N°d ear ❑� ®� S�'��3�' NI - .. ., W N a W CO3 W m No� ¢z F LLJ W cc N C4 = W i� 3 84 1 T 46 8 T 66 8 T 61 S T 52 S T 53 S eiNno, aamnoae AirnloJ Sava W W Is ¢ � W a o z m I W I1' • � gg QQ pp g s 66 � Gulf o f M � y � g�g 3z 9e J 4 U 1 1 1 M 1 11 1 M. S LV 11 8 64 1�S st 1 I S 64 1 I S L9 1 L S Zg 1 I S EB 1 I l l x� lip, I I 5. �F gg{g{ II' Gulf o f M � y � g�g 3z 9e J 4 U 1 1 1 M 1 11 1 M. S LV 11 8 64 1�S st 1 I S 64 1 I S L9 1 L S Zg 1 I S EB 1 I l l S LV 11 8 64 1�S st 1 I S 64 1 I S L9 1 L S Zg 1 I S EB 1 I l l -< I « ■ | � : §� �( ■§ LU �_ | | \ � |@ ].| 2 2 ) M \ » |« OS IS 2k /) || Ka/ |� LU C14 n■ §B qS ¢a§2 °| «j §x | |2 « « | | 3 « > § « E ■ §2 �§ °| - - - - - -- �| � �| 2 ---- 2 ------- | | 2I | 7 | � § ! - -- _ | ©| | � | � - - - -j , E----- ; �` ) Exhibit A 8A GOLDEN GATE AREA MASTER PLAN CP- 2002 -03 Policy 1.1.1: [revised text: page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. Golden Gate Commercial In -fill Subdistrict C. Commercial Under Criteria Subdistrict d. Interstatechanae Activity Center Subdistrict e. Pine Ridge Road Mixed Use Subdistrict e.f. Santa Barbara Commercial Subdistrict #-g, Golden Gate Parkway Professional Office Commercial Subdistrict 4) Interstate -hange Activity Center Subdistrict [revised text: page 18] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interchangeetate Activity Center at 1 -75 and Pine Ridge Road as detailed in the County -wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County -Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center. 5) Pine Ridge Road Mixed Use Subdistrict [new designation and revised text: page 18] Adjacent to the this Interchange Activity Center on the west side of 1 -75 and on the north side of Pine Ridge Road is a property comprising 12.79 16.23 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use SubdDistrict and consists of Tracts 1 12, 131 and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. The intent of the Pine Ridge Road Mixed Use SubdBistrict_ this - dis#Fist is to provide for a mix of both retail and office uses to provide for shaping, and personal services for the surrounding residential areas within a convenient travel distance, and to provide commercial services in an acceptable manner along a collector roadway, Livingston Road. Well- planned access points will be used to improve current and future traffic flows in the area. Within this Subdistrict no more than 35,000 square feet of office related uses on a 13.2 acres are permitted within the eastern portion of this property which includes a portion of Words underlined are added; words struele threug are deleted. • Tract 28 and a portion of Tract 13. .; fe6il♦tle6— A maximum of 80.000 square feet of gross leaseable retail or office area, as allowed in the Commercial Intermediate District (C -3) of the Collier County Land Development Code as of the effective date of the adoption of this Subdistrict [after adoption, the correct date and Ordinance # will be substituted in this sentencel, are permitted within the western 10.52 acres of this property. The C -3 uses are not an entitlement. Such uses will be further evaluated at the time of rezoning approval to insure appropriateness in relationship to surrounding properties. Building heights shall be limited to 35 feet. A rezone to 9such permitted rip ncipal uses shall be encouraged to be submitted as a Planned Unit Development for the western 10.52 acres of the subject property "R its BRtiFety, with special attention to be provided for shared access; _ wWater management, uniform landscaping, signage, screening and buffering, and et I It will be provided at the time of rezoning to ensure compatibility with nearby residential areas, and subject to the following additional criteria: • There shall be no access onto Livingston Woods Lane. • There shall be a minimum landsGaped buffeF setback area along the north aR -west property 4Res line of 75 feet;, • Driveway access, parking and water management facilities may be allowed within the 75' bu##eF setback area along the north property line but none of these uses shall be located closer than 30 feet to the west er north property line;_a44d • No freestanding automobile parking lots, homeless shelters or soup kitchens shall be permitted;_a+A • The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area. • Within the western 10.52 acres, a loop road /easement will be constructed through the Property to provide access from Pine Ridge Road to Livingston Road and to reduce traffic at the intersection. See Map 6 for a detailed map of this AGtivity GeRt9F beuRda Subdistrict. Exhibit A, CP- 2002 -3, PRMUSubd. per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle gh- dw/3- 25 -03- 4/10/03 Words underlined are added; words struele threugh are deleted. cn E" I00 00 E- GOLDEN GATE AREA FUTURE LAND USE MAP LEGEND ■ WILL COMMERCIAL ❑ SETTLEMENT AREA ■ ACTIVITY CENTER ❑ GOLDEN CATE ESTATES . GOLDEN GATE PARKWAY PROFESSIONAL OFFICE COMMERCIAL DISTRICT 0 ❑ NEIGHBORHOOD SANTA BARBARA CENTERS COMMERCIAL SUBDISTRICT ❑ URBAN RESIDENTIAL ■ RANDALL BOULEVARD t ' ENSITNT BAND COMMERCIAL DISTRICT ♦"� ■ PINE RIDGE RAD O MIXED USE SUBDISTRICT OVERLAY NRPA ® INTERCHANGE ACTIVITY CENTER AS DESCRIBED IN COUNTY W1 DE COMPREHENSIVE PLAN, NOTE: THIS MAP CANNOT BE INTERPRETED 'WITHOUT THE GOALS, OBJECTIVES. POLICIES AND LAND USE DESIGNATION DESCRIPTION SECTION OF THE GOLDEN GATE AREA MASTER PLAN. NAPLES IMMOKALEE ROAD O N - FEBRUARY, 1991 AMENDED - MAY 19, 1992 PM ROM no" - MAY 25, 1993 AMENDED f] W%eL UAA - APRIL 12. 1994 AMENDED ! K, SUOMTMCT - OCTOBER 27, 1997 CD V ANDERBILT - SEPTEMBER 8. 1998 w BEACH RD. EXT. Fj W a a G.G. PKWY. AMENDED - MAY 14, 2002 > V E� O 0. z u a go p�p PIN RIDGE RD. O WHITE BLVD. O ADOPTED - FEBRUARY, 1991 AMENDED - MAY 19, 1992 PM ROM no" - MAY 25, 1993 AMENDED O W%eL UAA - APRIL 12. 1994 AMENDED ! K, SUOMTMCT - OCTOBER 27, 1997 CD SANTA BARBARA - SEPTEMBER 8. 1998 z a GoMMBSCIAM BNBISSTRICT AMENDED - MAY 9, 200D a a G.G. PKWY. AMENDED - MAY 14, 2002 E� O 0. a go "Te AN K1> OOLMM P PNOROFFICS COIMMUK3AI DISTINCT EZ DAVIS BLVD. EXT. S.R. -84 C s xo E-� E^ T \Jl GOLDEN GATE FUTURE LAND USE MAP ADOPTED - FEBRUARY, 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27, 1993 AMENDED - APRIL 12. 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27, 1997 AMENDED - APRIL 14, 1998 AMENDED - SEPTEMBER 8. 1998 AMENDED - FEBRUARY 23. 1999 AMENDED - MAY 9, 200D AMENDED - MARCH 13, 2001 AMENDED - MAY 14, 2002 a x d W a � ae pG U a a Q 'XHIBIT "A" CP- 2002 -3 GOLDEN GATE AREA FUTURE LAND USE MAP NAPLES IMMOKALEE ROAD OOpF�� GOLDEN GATE A 4 S.R. -84 m 0 1 MI. 2 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: OGFLU -CP- 2001- 01 -B.DWG DATE: 2/2003 PLOT: AUTOCAD.PAL R26E ' R27E G d W a a w Si R28E z SCarA3MA E- x _.._ W � E z O H 2 V m WvW] x �z o0 U N K (� om2 m A W Z Z wN W U N o W Q Q ,w Z �= W C7 W � A W 9 P4 J W z a a Ri I g 0 SI awnnnm OtlYn mo —N d ILI W d� W 7 6 n� GL -i 31Y15tl3lNl >` a 5<-� 3LY15a31N� W AYM aareArr CL a s a CL w W � m � CL ! W � 3Nrl 11Yn 3 CL ^S O 03 U a M t LL ¢ CL 3NItl0 NlaY3 000 t tlrOa NO15tlNW� 4 OYOtl N0159NNN z " E- x Q _ W � E z O H 2 V m WvW] x �z o0 U N K (� om2 m A W Z Z wN W U N o W Q Q ,w Z �= W C7 W � A U X we 9 P4 J W z a a I g 0 z " E- x ,E,^ Vl W � E z WvW] x �z o0 U A W A E � Q Q P4 W C7 W � A A 9 P4 W z W z a a 6 m s 0 ob ws N f- F{� ?�3 N � � U U � < s 2 Z U o W K a �z<a O S2i �a^ 0 0 } � N Zm Z N « W ¢O< O U O Exhibit A GOLDEN GATE AREA MASTER PLAN ELEMENT CP- 2002 -4 3. AGRICULTURAL/RURAL DESIGNATION - SETTLEMENT AREA DISTRICT [page 34] Settlement Area District In settlement of a lawsuit pertaining to the permitted uses of this property, this property has been "vested" for the types of land uses specified in that certain "PUD" by Settlement Zoning granted by the County as referenced in that certain SETTLEMENT AND ZONING AGREEMENT dated the 27th day of January, 1986. Twenty -one hundred (2,100) dwelling units and twenty -two (22) acres of neighborhood commercial uses and hotel /motel use are "vested." This area is now known as the Orange Tree PUD and the types of uses permitted aFe- de6GFib include residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational uses, and essential service uses. By designation in the Growth Management Plan and the Golden Gate Area Master Plan as Settlement Area, the Plan recognizeds the property as an area which., is while outside of the Urban Designation, is appropriate for the following types of uses: residential, earth mining, commercial, agricultural, community facility, community uses, education facilities, religious facilities, golf course, open space and recreational, and essential services. arm -w#iGh is Future zoning changes to add dwelling units or commercial acreage within the geographic boundaries of this District will not be prohibited or discouraged by reason of the above - referenced vested status. The geographic €expansion of the Settlement Area to additional lands outside the areas covered by Sections 13, 14, 23 and 24, and a portion of 22, Township 48 South, Range 27 East (the former North Golden Gate Subdivision), in , shall be prohibited. The Settlement Area Land Use District is limited to the area described above and shall not be available as a land use district for any other property in the County. Exhibit A, CP- 2002 -4, Rural S.A. District per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw/3 -24- 03/4 -10 -03 Words underlined are added; words stru~'- thiaeug'_= are deleted. Exhibit A FUTURE LAND USE ELEMENT CP- 2002 -5 3. Urban Residential Fringe Subdistrict: [revised text, page 20] The purpose of this Subdistrict is to provide transitional densities between the Urban Designated Area and the Agricultural /Rural Area and comprises approximately 5,500 acres and 5% of the Urban Mixed Use District. Residential land uses may be allowed at a maximum density of 1.5 units per gross acre, or, in the case of properties specifically identified below, a density bonus of up to 6.0 additional units per gross acre may requested for projects providing affordable housing (home ownership only) for low and moderate income residents of Collier County, pursuant to Section 2.7.7 of the Land Development Code, or its successor ordinance, except as provided for in paragraph "c" below. . Within the Urban Residential Fringe, rezone requests consistent with the maximum densities identified above are not subject to the density rating system, but are subject to the following conditions: a. All rezones are encouraged to be in the form of a planned unit development; and b. Proposed development in the area shall be fully responsible for all necessary water management improvements, including the routing of all on -site and appropriate off - site water through the project's water management system, and a fair share cost of necessary improvements to the CR 951 canal /out -fall system made necessary by new development in the area; and, C. Properties eligible for the Affordable Housing Density Bonus (home ownership only) will be specifically identified herein. The actual number of bonus units per gross acre shall be reviewed and approved in accordance with the conditions and procedures set forth in Section 2.7.7 of the Land Development Code, except that the number of dwelling units required to be sold to buyers earning 80% or less of Collier County's median income, as calculated annually by the Department of Housing and Urban Development (HUD), shall be at least thirty percent (30 %). The following properties are eligible for an Affordable Housing Density Bonus (home ownership only) of up to 6.0 additional dwelling units per acre. 1. Property located on the East side of Collier Boulevard (C.R. 951), approximately 6 tenths of a mile south of intersection with Rattlesnake Hammock Road (C.R. 864), in Section 23, Township 50 South, Range 26 East, Collier County, Florida, and further described as follows: THE NORTH 1/2 OF THE SOUTHWEST '/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a AND THE NORTHWEST 1/a OF THE SOUTHEAST 1/a OF THE NORTHWEST '/a OF THE SOUTHWEST 1/a LESS THE NORTH THIRTY FEET FOR ROAD RIGHT OF WAY PURPOSES ONLY OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST COLLIER COUNTY FLORIDA LESS THE WEST 100 FEET THEREOF AND; Words underlined are added; words strue# threugh are deleted. • 1 THE NORTHEAST 1/a OF THE SOUTHEAST 1/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1 /a, LESS THE NORTH 30 FEET THEREOF FOR ROAD RIGHT OF WAY, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, AND; THE SOUTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a AND THE SOUTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1 /a, SECTION 23, TOWNSHIP 50 SOUTH, RANGE 26 EAST, OF COLLIER COUNTY FLORIDA SUBJECT TO AN EASEMENT OVER AND ACROSS THE WEST 36 FEET THEREOF, AND; AN EASEMENT 36 FEET IN WIDTH OVER AND ACROSS THE EAST 36 FEET OF THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY, FLORIDA, AND TOGETHER WITH; A STRIP OF LAND DESIGNATED AS RIGHT OF WAY OVER AND ACROSS THE NORTH 50 FEET OF THE SOUTH 1/2 OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA, AND; THE NORTH 1/2 OF THE NORTH 1/2 OF THE WEST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY, FLORIDA, AND; THE SOUTHWEST 1/a OF THE SOUTHWEST 1/a OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY, FLORIDA, AND; THE EAST 1/2 OF THE NORTHEAST 1/a OF THE NORTHWEST 1/a OF SOUTHWEST 1/a LESS THE NORTH 30 FEET FOR RIGHT OF WAY OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND; THE NORTH 1/2 OF THE NORTHWEST 1/a OF THE SOUTHWEST 1/a OF THE SOUTHWEST 1/a LESS THE WEST 100 FEET OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA AND; THE EAST 1/2 OF THE NORTHEAST 1/a OF THE SOUTHWEST 1/a LESS THE NORTH 328.19 FEET OF SECTION 23 TOWNSHIP 50 SOUTH RANGE 26 EAST OF COLLIER COUNTY FLORIDA. CONTAINING 55 ACRES, MORE OR LESS. ............................................ ............................... Words underlined are added; words struek tkLleugh are deleted. DENSITY RATING SYSTEM [revised text, page 31 ] This Density Rating System is only applicable to areas designated Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exGlusive and those properties specifically identified within of the Urban Residential Fringe Subdistrict, which are eligible to apply for an Affordable Density Bonus only, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural /Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. This Density Rating System only applies to residential dwelling units. Within the applicable Urban Designated Areas, a base density of 4 residential dwelling units per gross acre is permitted, though not an entitlement. This base level of density may be adjusted depending upon the characteristics of the project. a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in policies 5.9, 5.10 and 5.11 of the Future Land Use Element. 1. Conversion of Commercial Zoning 2. Proximity to Mixed Use Activity Center or Interchange Activity Center 3. Affordable Housing To encourage the provision of affordable housing within certain Districts and Subdistricts in the Urban Designated Area, a maximum of up to 8 residential units per gross acre may be added to the base density if the project meets the definitions and requirements of the Affordable Housing Density Bonus Ordinance (Section 2.7.7 of the Land Development Code, Ordinance #91 -102, adopted October 30, 1991). In the Urban Coastal Fringe Subdistrict, Affordable Housing projects must provide appropriate mitigation consistent with PoliGY 13.1.2 Obiective 12.1 and subsequent policies, as applicable, of the Conservation and Coastal Management Element. Also, for those specific properties identified within the Urban Residential Fringe Subdistrict, this density bonus is allowed but only to a maximum of 6 residential units per gross acre. Additionally, the Affordable Housing Density Bonus may be utilized within the Agricultural /Rural designation, as provided for in the Rural Lands Stewardship Area Overlay, subject to the aforementioned Section 2.7.7 of Land Development Code. Exhibit A, CP- 2002 -5, URF per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle ii- dw /3 -18- 0313 -24- 03/4 -10.03 3 Words underlined are added; words st =__'-_ threug are deleted. Exhibit A GOLDEN GATE AREA MASTER PLAN CPSP -02 -6 Policy 1.1.1: [added text: page 5] The URBAN Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: 1. URBAN - MIXED USE DISTRICT a. Urban Residential Subdistrict b. High Density Residential Subdistrict 2. URBAN - COMMERCIAL DISTRICTS a. Activity Center Subdistrict b. Golden Gate Urban Commercial 44-W Subdistrict C. Commercial Under Criteria Subdistrict d. 'RteFstate Interchange Activity Center Subdistrict e. Pine Ridge Road Mixed Use Subdistrict Of. Santa Barbara Commercial Subdistrict fg. Golden Gate Parkway Professional Office Commercial Subdistrict Policy 1.1.2: [added text: page 5] The ESTATES Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: ESTATES - MIXED USE DISTRICT a. Residential Estates Subdistrict b. Neighborhood Center Subdistrict C. Randall Boulevard Commercial Subdistrict d. Commercial Western Estates Infill Subdistrict de. Conditional Uses Subdistrict f. Southern Golden Gate Estates Natural Resource Protection Area Overlay g. Golden Gate Urban Commercial Subdistrict GOAL 3: [new text: page 10] PROVIDE FOR BASIC COMMERCIAL SERVICES FOR PURPOSES OF SERVING THE NEEDS OF RURAL GOLDEN GATE ESTATES RESIDENTS, SHORTENING VEHICULAR TRIPS, AND PRESERVING RURAL CHARACTER. 1 Words underlined are added; words = ~_,-dek thrrugh are deleted. 8 A, OBJECTIVE 3.1: [new text: page 10] The placement and designation of Neighborhood Centers within Golden Gate Estates shall meet locational and rural design criteria to be established as part of the Phase II Golden Gate Area Master Plan Restudy Amendments to be transmitted during the 2003 Plan Amendment Cycle. Policy 3.1.1: [new text: page 10] Neighborhood Centers within Golden Gate Estates shall be subject to the locational and rural design criteria established within the Estates - Mixed Use District, Neighborhood Center Subdistrict. (2) Golden Gate Urban Commercial Its -fill Subdistrict [revised text: page 16] This Subdistrict is located at the southwest quadrant of Collier Boulevard and Golden Gate. Due to the existing zoning and land use pattern in this Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: a) Commercial uses shall be limited to: • Low intensity tFaR6it*GRal commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan);, C) Projects within the in foil aF this Subdistrict shall be eRG9WFaged -te make provisions for shared parking arrangements with adjoining commercial developments when applleable appropriate;, d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments;_ aed e) Access to projects shall not be permitted from GA 951 Collier Boulevard. 4) Interchange fnteFetate Activity Center Subdistrict [revised text: page 18] On the fringes of the Golden Gate Area Master Plan boundaries, there are several parcels that are located within the Interstatechange Activity Center at 1 -75 and Pine Ridge Road as detailed in the County -wide Future Land Use Element (FLUE). Parcels within this Activity Center are subject to the County -Wide FLUE and not this Master Plan. See Map 6 for a detailed map of this Activity Center_ beuRdary Words underlined are added; words stride# thL-eugh are deleted. U i 5) Pine Ridge Road Mixed Use Subdistrict [revised text: page 18] Adjacent to the this Interchange Activity Center on the west side of 1 -75 and on the north side of Pine Ridge Road is a property comprising 12.79 acres located to the west of the Naples Gateway PUD, which is designated as the Pine Ridge Road Mixed Use Subdoistrict and consists of Tracts 1 12, 13, and 28 of Golden Gate Estates, Unit 35, as recorded in Plat Book 7, Page 85, of the Public Records of Collier County. Within this Subdistrict no more than 35,000 square feet of office- related uses on 5 acres are permitted within the eastern portion of this property. The property in its entirety is also permitted to be developed with the following Conditional Uses of the Estates Zoning District with a maximum floor area ratio (FAR) of 0.45: Category I and II Group Care Facilities; care units; nursing homes; assisted living facilities pursuant to 400.402 F.S. and ch. 58A -5 F.A.C.; continuing care retirement communities pursuant to 651 F.S. and ch. 4 -183 F.A.C.; schools; churches; and child and adult day care facilities. Such permitted uses shall be encouraged to be submitted as a Planned Unit Development for the subject property in its entirety, with special attention to be provided for shared access, water management, uniform landscaping, signage, screening and buffering, and other pertinent development standards to ensure compatibility with nearby residential areas, and subject to the following additional criteria: • There shall be no access onto Livingston Woods Lane_ • There shall be a minimum landscaped buffer along the north aR- west property 4pes line of 75 feet;_ • Driveway access, parking and water management facilities may be allowed within the 75' buffer setback area along the north property line but none of these uses shall be located closer than 30 feet to the west or north property line;_ abu • No automobile parking, homeless shelters or soup kitchens shall be permitted ;_a+A • The eastern 2.59 acres, more or less, of Tract 28 shall be preserved as wetlands and no development may occur within this area;, See Map 6 for a detailed map of this IDGWRdaFy this Subdistrict. M 6) Santa Barbara Commercial Subdistrict [revised text: page 20] The intent of this Subdistrict (Map 7) is to provide Golden Gate City with additional opportunities for small -scale commercial development. Such development is intended to serve the surrounding neighborhoods and persons traveling nearby. This Subdistrict is intended to: contain low intensity uses which generate /attract relatively low traffic volumes; be appropriately landscaped and buffered to protect nearby residential areas; be architecturally designed so as to be compatible with nearby residential areas; and, limit access to promote public safety and lessen interruptions to traffic flow on Santa Barbara Boulevard. Aggregation of lots is strongly encouraged so as to allow greater flexibility in site design and ease in compliance with parking requirements and other development standards. The types of uses permitted are low intensity retail, offices, personal services, and institutional uses, such as churches and day care centers. This Subdistrict is intended to promote commercial development opportunities. Therefore, in order to reduce the potential conflicts that may result from residential and commercial uses in close proximity; existing residential uses must cease to exist no later than ten (10) years after the effective date of the adoption of this Subdistrict. This does not require the removal of the residential structures if they can be, and are, converted to uses permitted in this Subdistrict, within Words underlined are added; words struck tti'r_ugh are deleted. ,�. one additional year. This requirement to cease existing residential uses does not apply to owner - occupied dwelling units. Within one year of the effective date of the adoption of this Subdistrict, the Land Development Code shall be amended to provide specific uses and development standards to implement this Subdistrict. These shall include: 1. Landscaping and buffering requirements. 2. Architectural design standards. 3. Requirement to cease residential uses. 4. Prohibition of automobile service stations and similar repair facilities. This does not preclude convenience marts with gasoline pumps. 5. Encouragement of shared parking with adjacent projects, wherever possible. 6. A minimum project area requirement of 1 acre. 7. Encouragement of shared access. 8. Encouragement of pedestrian traffic by requiring sidewalks and requiring adjacent projects to coordinate location of sidewalks. 9. Building height limitation of two stories maximum. 10. Signage Restrictions. 11. Variance provision applicable to the above items, except Number "4 ". Golden Gate Parkway Professional Office Commercial Subdistrict [revised text: page 22] The provisions of this district (see Map 8) are intended to provide Golden Gate City with a viable professional Office Commercial District with associated small -scale retail as identified under item &A -� below. The Professional Office Commercial District has two purposes: • to serve as a bona -fide entry way into Golden Gate City; and, • to provide a community focal point and sense of place. The uses permitted within this district are generally low intensity, office development, associated retail uses, and iRGtitUt*0RaI community facility uses, such as churches, which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential distrfsts uses. A. For projects contained wholly within the original Professional Office District with a minimum depth of 150 feet as measured from the property line adjacent and parallel with Golden Gate Parkway, the following small -scale retail uses are permitted: 1. Apparel and accessory stores. 2. Auto and home supply stores (Auto accessory dealers - retail, automobile parts dealers - retail, and speed shops - retail only)_ 3. Eating places (except carry -out establishments, drive - through only establishments, commissary restaurants, concession stands, contract feeding, food service - institutional, hamburger stands, hot -dog stands, Ice cream stands, Industrial feeding, refreshment stands, snack shops, soft drink stands and tea rooms...). 4. Food stores (except Convenience Food stores - retail, grocery stores and supermarkets...)_ 5. General merchandise stores. 6. Home furniture, furnishing, and equipment stores. 7. Libraries. Words underlined are added; words s r_ek t r_••glft are deleted. L 2) E:J 9. 10. 11. 12. Miscellaneous repair services (no electronic repair, except computer repair only in conjunction with sales...). Miscellaneous retail. Paint, glass, and der wallpaper stores_ Personal services (except coin operated barbershops.. -)_ United States Postal Service_ laundries, beauty shops and Properties that qualify under item &A., above, will be subject to the following: All uses listed w+ll shall be in accordance with the Standard Industrial Classification Codes within the C -2 zoning district as identified in the Collier County Land Development Code with the exceptions noted above. Item 5-:A.2- above, wH4 shall be consistent with the uses listed in the C -3 zoning district with the exceptions noted above. Fast Food restaurants shall shield from view from Golden Gate Parkway all ordering devices and /or windows where orders are to be taken. Vehicular access through adjacent properties to 53rd Street SW may be allowed at time of rezone upon completion of appropriate cross access easements. Any property line of the subject parcel that is immediately adjacent to single family residential must provide a minimum Type "C" landscape buffer as indicated in the Collier County Land Development Code. Buildings utilizing second story office or retail uses, or a combination thereof, may request up to 35' in height, subject to architectural design elements incorporated through the rezone process. Buildings will be limited to two stories in height with no parking under the building. All buildings shall provide a common theme incorporating architecture and project signage. Neighborhood Center Subdistrict [revised text: page 25] Recognizing the need to provide basic goods: and services and amenities to Estates residents, Neighborhood Centers have been designated on the Golden Gate Area Future Land Use Map. The Neighborhood Center designation does not guarantee that commercial zoning will be granted. The designation only provides the opportunity to request commercial zoning. a) The Collier County Land Development Code shall be amended to provide rural design criteria to regulate all new commercial development within Neighborhood Centers. ba) Locations Neighborhood Centers are located along major roadways and are distributed within Golden Gate Estates according to commercial demand estimates. The IGGatie% are based en ef (See Map 9). The centers are designed to concentrate all new commercial zoning, and conditional uses, as allowed in the Estates Zoning District, in locations where traffic impacts can be readily accommodated and to avoid strip and disorganized patterns of commercial and conditional use development. Four Neighborhood Centers are established as follows: words underlined are added; words struck thL-eiugh are deleted. 8 A M Wilson Boulevard and Golden Gate Boulevard Center. The - nede -at This center consists of all four quadrants at the intersection of Wilson and Golden Gate Boulevards (See Map 10). The NE and SE quadrants of the WilseR and Golden Gate ids Center is appreximate4y 12.15 consists of Tract 1 and 2, Unit 14, Tract 17, Unit 13 and the western half of Tract 18, Unit 13 Golden Gate Estates. The NE quadrant of Wilson and Golden Gate Boulevards is approximately 8.45 acres. The parcels within the NE quadrant shall be interconnected and share access to Golden Gate Boulevard and Wilson Boulevard to minimize connections to these two major roadways. The SE quadrant of Wilson and Golden Gate Boulevards is 7.15 acres, allows 5.00 acres of commercial development er Gandmt*E)Ral U686, as peFmitted OR the Estates ZORiRg , and allocates 2.15 acres to project buffering and right -of -way for Golden Gate Boulevard and Wilson Boulevard. The NW quadrant of the Center is approximately 4.98 acres in size and consists of Tract 144, Unit 11 of Golden Gate Estates. The SW quadrant of the Center is approximately 4.86 acres in size and consists of Tract 125, Unit 12 of Golden Gate Estates. Collier Boulevard and Pine Ridge Road Center. The Rede Center at GR 951 Collier Boulevard and Pine Ridge Road is located on both sides of the intersection. Tracts 109 - 114, Unit 26, Golden Gate Estates are included in this Bede Center as eligible for commercial development (see May 11). The E1/2 of Tract 107, Unit 26 is also included within this +cede Center but is only to be used for buffer, water management and open space. Everglades Boulevard and Golden Gate Boulevard Center. This Center consists of all four quadrants at the intersection of Everglades and Golden Gate Boulevards (See Map 12). The NE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 1, Unit 77 of Golden Gate Estates. The SE quadrant of the Center is approximately 5.46 acres in size and consists of Tract 97, Unit 81 of Golden Gate Estates. The NW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 128, Unit 76 of Golden Gate Estates. The SW quadrant of the Center is approximately 5.46 acres in size and consists of Tract 96 Unit 81 of Golden Gate Estates. Immokalee Road and Everglades Boulevard Center. The Immokalee Road and Everglades Boulevard Center is located in the SW and SE quadrants of the intersection (see Map 13) and the parcels lie east and south of the Fire Station. The portion of the Center lying south of the Fire Station is approximately 5.15 acres in size and consists of Tract 128 Unit 47. The southeast quadrant of the Center, lying east of the Fire Station is approximately 4.05 acres in size and consists of Tracts 113 and 16 Unit 46. cb) Criteria for development land uses at the nedes Centers are as follows: • Commercial uses shall be limited to itntermediate commercial so as to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3, zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102, adopted October 30, 1991), except as prohibited below. The Neiahborhood Center located at the intersection of Pine Ridge Road and CR -951- may be developed at 100% commercial and must provide internal circulation_; aid -a+y words underlined are added; words st ~de'__ threidgh are deleted. rezoning is encouraged to be in the form of a PUD. This Neighborhood Center may also be utilized for single - family residential or conditional uses allowed in the Estates zoning district such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities. • T4i" arcels immediately adjacent to the- eXiStIRg commercial zoning at the Rerth quadFaRt of within the Neighborhood Centers located at the intersections of Golden Gate Boulevard and Wilson Boulevard, Golden Gate Boulevard and Everglades Boulevard, and Everglades Boulevard and Immokalee Road may qualify for Conditional Use under the transitional conditional use provision of the Conditional Use Subdistrict of this Master Plan Element. • A single project shall utilize no more than 50% of the total allowed commercial acreage. T-4e This percentage may be increased at the discretion of the Board of County Commissioners_; • The project +s -eese aged to shall make provisions for shared parking arrangements with adjoining developments_, • Access points shall be limited to one per 180 feet commencing from the right -of -way of the major intersecting streets of the Neighborhood Center. A maximum of three curb cuts per quadrant shall be allowed; • Driveways and curb cuts shall be consolidated with adjoining developments, whenever possible_; • Driveways accessing parcels on opposite sides of the roadway shall be in direct alignment;, except when the roadway median between the two parcels has no opening. • Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted; except that for valid, approved conditional uses, no such buffer is required. • Projects shall provide a 25 -foot wide landscape buffer abutting the external right of way. This buffer shall contain two staggered rows of trees that shall be spaced no more than 30 feet on center, and a double row hedge at least 24 inches in height at time of planting and attaining a minimum of three feet height within one year. A minimum of 50% of the 25 -foot wide buffer area shall be comprised of a meandering bed of shrubs and ground covers other than grass. Existing native trees must be retained within this 25 -foot wide buffer area to aid in achieving this buffer requirement; other existing native vegetation i ged-fe shall be retained, where possible, to aid in achieving this buffer requirement. Water retention /detention areas shall be allowed in this buffer area if left in natural state, and drainage conveyance through the buffer area shall be allowed if necessary to reach an external outfall. • For Tract 114, Golden Gate Estates, Unit 26, access shall be restricted to 11th Avenue S.W. Also, vehicular interconnection shall be provided to the adjacent property(s) in the Pine Ridge Road /Collier Boulevard Neighborhood Center. • Proiects within the Neighborhood Center Designation that are submitted as PUDs shall provide a functional public open -space component. Such public open -space shall be developed as green space within a pedestrian - accessible courtyard, as per section 2.4.5.4 of the Collier County Land Development Code, in effect at the time of PUD approval. • The following principal permitted uses are prohibited within Neighborhood Centers: Drinking Places (5813) and Liquor Stores (5921) Mail Order Houses (5961) Merchandizing Machine Operators (5962) Power Laundries (7211) Crematories (7261) (Does not include non - crematory Funeral Parlors) Words underlined are added; words st =dek threugh are deleted. as Radio TV Representatives (7313) and Direct Mail Advertising Services (7331) NEC Recreational Shooting Ranges, Waterslides, etc. (7999) General Hospitals (8062), Psychiatric Hospitals (8063), and Specialty Hospitals (8069) Elementary and Secondary Schools (8211), Colleges (8221), Junior Colleges (8222) Libraries (8231) Correctional Institutions (9223) Waste Management (9511) Homeless Shelters and Soup Kitchens. 3) Randall Boulevard Commercial Subdistrict [revised text: page 29] Recognizing the unique development pattern and characteristics of surrounding land uses, the Randall Boulevard Commercial Subdistrict has been designated on the Golden Gate Area Future Land Use Map. See Map I8-14. a) The Criteria for the subdistrict are as follows: • All commercial development is €encouraged to be in the form of a PUD_ . Projects directly abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of retained native vegetation in which no parking or water management uses are permitted: except that, when abutting conditional uses: no such buffer is required. • Shared parking shall be eeeeuFaged required with adjoining developments whenever possible. b) Limitation of Uses - Uses shall be limited to the following: • Automobile Service Station.- • Barber and Beauty Shopsi Convenience Stores.- • Drug Stores.-, • Food Markets,. • Hardware Storesi • Laundries - Self Service Only, • Post Offices and Professional Offices.- • Repair Shops - Radio, TV, Small Appliances and Shoes,. • Restaurants, including fast food restaurants but not drive -in restaurants.- • Shopping Center, • Veterinary Clinics with no outside kenneling_ 4) Commercial Western Estates Infill Subdistrict [new text: page 29] The purpose of the Subdistrict is to allow for limited commercial and /or medical office uses, in recognition of the subject property's unsuitability for single - family residential development. Limited commercial and /or medical uses at this location will also assist in reducing the distance and the number of vehicular trips generated within the general area through trip capture. The standards contained in this Subdistrict are designed to ensure that uses within the Subdistrict will be compatible with nearby residential development. A loop road required through the property to Words underlined are added; words stridek thre_gh are deleted. connect Vanderbilt Beach Road with Collier Boulevard will also serve to lessen vehicular trips through the intersection. a) Size and Location: The Subdistrict includes a 6.23 -acre parcel, located at the southwest corner of Vanderbilt Beach Road and Collier Boulevard (see Map 15). The parcel is identified as Tract 105, Unit 2, Golden Gate Estates. b) Permitted Uses and Development Intensity: Within the subiect property, 3.93 acres of office /medical use is permitted with a maximum of forty - one thousand four hundred and ninety (41,490) square feet of gross leaseable area permitted or approximately 6,660 square feet per gross acre. The balance of the area, comprising +2.3 acres, shall remain in open space Uses allowed within this Subdistrict shall be those office uses, medical uses and financial institutions permitted, whether by right or by conditional use, within the C -1 zoning district as contained in the Collier County Land Development Code, Ordinance 91 -102, as of the effective date of the adoption of this Subdistrict rafter adoption, the correct date and Ordinance # will be substituted in this sentence]. C) Development Standards: 1. All permitted uses within this Subdistrict shall be encouraged to be submitted in the form of a Planned Unit Development (PUD) for the subject property with special attention to be provided for shared access, water management, uniform landscaping, signac ie, screening and buffering to ensure compatibility with nearby residential areas. 2. Building height shall be limited to two stories, with a maximum height of thirty- (30) feet except that portions of the property within one hundred (100) feet of the buffer described in Paragraph 3, below, shall be limited to one story with a maximum height of twenty -five (25) feet. 3. There shall be a setback of seventy-five (75) feet in width abutting Estates -zoned property. Where feasible, existing native vegetation shall be retained within this setback area. Water retention /detention areas shall be allowed in this setback area provided that the area is left in a natural state, and drainage conveyance through the setback area shall be allowed, as necessary, in order for stormwater to reach an external outfall. 4. The buffer area along Collier Boulevard /CR -951 and Vanderbilt Beach Road shall be 25 feet in width and shall conform to the vegetative requirements of a Type "B" buffer as provided for in the Collier County Land Development Code, in effect as of the date of adoption of this amendment rafter adoption, the correct date and Ordinance # will be substituted in this sentencel. 5. A loop road shall be constructed, internal to the subject property. This road shall be open to the public, in order to connect Vanderbilt Beach Road and Collier Boulevard, so as to provide an alternative to use of the intersection. Words underlined are added; words struek threagk are deleted. 91� 8% 6. The maximum gross leaseable floor area of each individual office /medical /financial building_ footprint shall be 6,000 square feet. However, buildings may be connected by architectural treatments, and shall be designed to appear similar to residential structures through the treatment of rooflines and other architectural embellishments. 7. No development of property within the Subdistrict shall commence until the abutting segment of Collier Boulevard is four - laned. 45) Conditional Uses Subdistrict [renumbered/relocated /revised text: after page 32] Various types of conditional uses are permitted in the Estates and- Fes+den zoning districts within the Golden Gate Estates area. In order to control the location and spacing of new conditional uses, one of the following four sets of criteria shall be met 61686: a) Essential Services Conditional Use Provisions: Those Essential Services Conditional Uses as identified within Section 2.6.9.2 of the Collier County Land Development Code, sl" may be allowed anywhere within the Estates Zoning District and are defined as: • electric or gas generating plants, • effluent tanks, • major re -pump stations, • sewage treatment plants, including percolation ponds, • hospitals and hospices, • water aeration or treatment plants, • governmental facilities (except for those Permitted Uses identified in Section 2.6.9 of the Land Development Code), • public parks and recreational facilities, • public water supply acquisition, withdrawal or extraction facilities, and • public safety service facilities, and other similar facilities_ b) Golden Gate Parkway and Collier Boulevard Special Provisions: Conditional uses shall only be permitted on Golden Gate Parkway, east of Livingston Road and west of Santa Barbara Boulevard and on the west side of Collier Boulevard north of Green Boulevard and south of Vanderbilt Beach Road Extension, if the subject parcel is directly bounded by existing conditional uses on two (2) or more side yards, with no intervening rights -of -way or waterways, except for the following: 1. Essential services, as provided in a), above; and 2. In consideration of the improvements associated with the proposed interchange at Interstate 75 and Golden Gate Parkway, the existing conditional use (church and related facilities) located at the southeast corner of Golden Gate Parkway and 66th Street S.W. may be expanded in acreage and intensity along the south side of Golden Gate Parkway between 66th Street S.W. and 64th Street S.W., but the total proiect area shall not exceed 21 acres. Additionally, the parcel proposed for expansion shall not be subject to the requirement that it be directly bounded on at least two side yards by conditional uses. 10 Words underlined are added; words a_t- auek t}-ire gh are deleted. '1 3 The parcel located immediately south of the Commercial Western Estates Infill Subdistrict on the west side of Collier Boulevard, and at the southwest quadrant of the intersection of Vanderbilt Beach Road and Collier Boulevard, shall be eligible for a transitional conditional use designation. c) Neighborhood Center Transitional Conditional Use Provisions: Conditional uses shall be allowed immediately adjacent to designated Neighborhood Centers subiect to the following criteria: 1. Properties eligible for conditional uses shall abut the arterial or collector road serving the Neighborhood Center, 2. Such uses shall be limited to transitional conditional uses that are compatible with both residential and commercial uses such as churches, social or fraternal organizations, childcare centers, schools, and group care facilities, 3. All conditional uses shall make provisions for shared parking arrangements with adjoining developments whenever possible, 4. Conditional uses abutting Estates zoned property shall provide, at a minimum, a 75 -foot buffer of native vegetation in which no parking or water management uses are permitted, 5. Conditional uses adjoining the commercial uses within Neighborhood Centers shall, whenever possible, share parking areas, access and curb cuts with the adjoining commercial use in order to facilitate traffic movement. d) Transitional Conditional Uses: Conditional uses may be granted in Transitional Areas. A Transitional Area is defined as an area located between existing non - residential and residential areas. The purpose of this provision is to allow conditional uses in areas that are adjacent to existing non - residential uses and are therefore generally not appropriate for residential use. The conditional use will act as a tFaesitiGRal w6e buffer between non - residential and residential areas. The following criteria shall apply for Transitional Conditional Use requests: • Site shall be directly adjacent to a non - residential use (zoned or developed); • R—Ote ishall be ne nle eF thaR V2 Fead Milo #GFR the an inter 68Gtien nnntanninq of NeighbeFheed t 11 words underlined are added; words struck thr —eugh are deleted. • Site shall be 2.25 acres,. or morel in size or be at least 150 feet in width and shall not exceed 5 acres; • Conditional uses shall be located on the allowable acreage diF9Gtl adjacent to the non - residential use; • Site shall not be adjacent to a church or other place of worship, school, social or fraternal organization, child care center, convalescent home, hospice, rest home, home for the aged, adult foster home, children's home, rehabilitation centers; • Site shall not be adjacent to parks or open space and recreational uses; • Site shall not be adjacent to permitted Essential Services, as identified in Section 2.6.9 of the Land Development Code, except for libraries and museums; and • Project shall provide adequate buffering from adjacent properties allowing residential uses. e) Special Exceptions to Conditional Use Locational Criteria: Temporary Use (TU) Permits for model homes are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. Conditional Use permits for excavation, as provided for in the Estates zoning district, are not subject to the locational criteria for Conditional Uses and may be allowed anywhere within the Estates -Mixed Use District. 661 Southern Golden Gate Estates Natural Resource Protection Area Overlay [renumbered /relocated /revised text: after page 32] Southern Golden Gate Estates is identified as as Natural Resource Protection Area (NRPA) Overlay on the Golden Gate Area Future Land Use Map, subject to the following provisions: 1. Within these areas, only agriculture and directly - related uses and one single family dwelling unit per parcel or lot created prior to June 22, 1999, shall be allowed;_ 2. These interim development standards shall not be interpreted to affect or limit the continuation of existing uses. Existing uses shall include those uses for which all required permits have been issued, or uses for which completed applications have been received by the County prior to June 22, 1999. The continuation of existing uses shall include expansions of those uses if such expansions are consistent with or clearly ancillary to the existing use and do not require a rezoning or comprehensive plan amendment;_ 3. These areas shall be refined as actual data and analysis is made available during the Collier County Rural and Agricultural Area Assessment. 7) Golden Gate Estates Commercial Subdistrict [new text: after page 32] This Subdistrict consists of two infill areas. The two areas are located at the northwest corner of Collier Boulevard and Green Boulevard and at the northwest corner of Santa Barbara Boulevard and Golden Gate Parkway. Due to the existing zoning and land use pattern in the Golden Gate Estates Commercial I4 -#ill Subdistrict (see Map 5) and the need to ensure adequate development standards to buffer adjacent land uses, commercial uses shall be permitted under the following criteria: 12 Words underlined are added; words striaek threugh are deleted. a) Commercial uses shall be limited to: • Low intensity tFansitional commercial uses that are compatible with both residential and intermediate commercial uses, in order to provide for small scale shopping and personal needs, and • Intermediate commercial to provide for a wider variety of goods and services in areas that have a higher degree of automobile traffic. These uses shall be similar to C -1, C -2, or C -3 zoning districts outlined in the Collier County Land Development Code (Ordinance 91 -102), adopted October 30, 1991). b) Rezones shall be encouraged in the form of a Planned Unit Development (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousand (40,000) square feet in area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Area Master Plan);_ C) Projects within the iR foil aF this Subdistrict shall be- ended -te make provisions for shared parking arrangements with adjoining commercial developments when applicable appropriate;_ d) Driveways and curb cuts for projects within this Subdistrict shall be consolidated with adjoining commercial developments;_ and e) Access to projects shall not be permitted from GR 961 Collier Boulevard. f) Any project located within this subdistrict at the northwest corner of Golden Gate Parkway and Santa Barbara Boulevard, less and except an easement for Santa Barbara Boulevard right -of -way, shall be subject to the following additional development restrictions_ 1. The site shall be limited to thirty -five thousand (35,000) square feet of building area. 2. Land uses shall be restricted to offices only. 3. All principal structures shall be required to have a minimum setback of one hundred (100) feet from the project's northern boundary. 4. The northern seventy -five (75) feet of the western sixty (60) percent of the site shall be a green area (open space area). It shall be utilized for only water management facilities, landscape buffers, and similar uses. 5. The western sixty (60) percent of the site shall have an outdoor pedestrian - friendly patio(s), that total at least five hundred (500) square feet in area and incorporate a minimum of: benches or seating areas for at least twelve (12) persons, and vegetative shading, and a waterfall or water feature of at least one hundred (100) square feet in area, and brick pavers. 6. A twenty -five (25) foot wide landscaped strip shall be provided along the entire frontage of both Golden Gate Parkway and Santa Barbara Boulevard. 7. A minimum buffer of thirty -five (35) feet in width shall be provided along the project's western boundary and along the eastern forty (40) percent of the project's northern 13 Words underlined are added; words str- ek threugh are deleted. • boundary. A minimum buffer of fifty (50) feet in width shall be provided along the western sixty (60) percent of the project's northern boundary. Where feasible, existing native vegetation shall be retained within these buffers along the project's western and northern boundaries. These buffers shall be supplemented with Oak or Mahogany trees planted a maximum of twenty (20) feet apart in a staggered manner; and a seven (7) foot wall, fence, or hedge that will, within two (2) years of planting, grow to a minimum height of seven (7) feet and be a minimum of ninety -five (95) percent opaque. 8. All buildings shall have tile or metal roofs, or decorative parapet walls above the feet t+ee roofline, and buildings shall be finished in light subdued colors except for decorative trim. 9. Building heights shall be limited to one (1) -story and a maximum of thirty -five (35) feet. 10. All lighting facilities shall be architecturally designed, and limited to a height of twenty - five (25) feet. Such lighting facilities shall be shielded from neighboring residential land uses. 11. There shall be no ingress or egress on Santa Barbara Boulevard. Exhibit A, CPSP - 2002-6, GGAMP per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle gh- dw/3- 24- 03/4 -10 -03 14 Words underlined are added; words stride'_ threu h are deleted. I� Icn E- LEGEND LEE COUNTY INiILL COMMERCIAL ❑ SETTLEMENT AREA ■ ACTIVITY CENTER GOLDEN GALE VANDERBILT ESTATES ■ COIDEN DATE PARKWAY PROFESSIONAL OFFICE Dj CfMMERCIAL SUBDISTRICT NEIGHBORHOOD ❑ SANTA BARBARA O CENTERS CCNMEROT L SUBDISTRICT cC O ❑ UFBAN RE9DENTIAL RD. 0 0 TA R ESIDENTIAL < RA RANDALL BOULEVARD 0 DENSITY BAND COMMERCIAL SUBDISTRICT •SAES GAl1GMA > >,1 ■ 11 R ROAD MINED SUBDISTRICT ❑ OVERLAY NFPA ® INTERCHANGE ACTIVITY CENTER AS DESCRIBED IN COUNTY WIDE COMPREHENSIVE PLAN. 49 R WESTERN ESTATES a INFILL 5L8DISl0ICl NOTE: THIS MAP CANNOT BE INTERPRETED WITHGUI THE COALS MZCWVCS, POLKIES AND LAMO VSE DESIGNATION DESCRIPTION WCIIDI OF THE GpLDEN GATE AREA MASTER PLAN_ LEE COUNTY I� E 6OLD81 GATE FUTURE LAID 116E MAP ADOPTED - FEBRUARY, 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27, 1993 AMENDED - APRIL 12. 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27, 1997 AMENDED - APRIL 14, 1998 AMENDED - SEPTEMBER B. 1998 AMENDED - FEBRUARY 23. 1999 AMENDED - MAY 9, 2000 AMENDED - MARCH 43, 2001 O a W ,n5 n ^ 04 W U U BLVD. EXHIBIT A CYsr- 1002 -e GOLDEN GATE AREA FUTURE LAND USE MAP LEE COUNTY Oi GOLDEN GATE c x 4 W :S 3 0 1 MI. 2 MI. PREPARED BY: GRAPHS AN ICD TECHNICAL SUPPORT SECTDN COMMUNITY DEVELOPMENT AND ENNRONMENTAL SERNCLS DIMSION FILE: GGMP- 2001- A -2.DWC DATE: 1/2003 PLOT: AUTOCAD.PAL R26E I R27E NAPLES IMMOKALEE ROAD OIL WELL ROAD RANDALL BOULEVARD Q g 0 I>: a m F i A I R28E NAPLES IMMOKALEE ROAD WEtTl1G1 EBTAT90 RAlll MD97111CT Q VANDERBILT > .]W BEACH RD. EXT. Dj cC O " —M&L RD. 0 0 TA < INIE woa IIOAo ru® IIR INIRGCT � a°c O •SAES GAl1GMA > >,1 Z. claGlelcw. a a G.G. PKWY. 6 49 R a GaAe1 GALE E.IOC.I. z 4 DAVIS BLVD. EXT. I� E 6OLD81 GATE FUTURE LAID 116E MAP ADOPTED - FEBRUARY, 1991 AMENDED - MAY 19, 1992 AMENDED - MAY 25, 1993 AMENDED - JULY 27, 1993 AMENDED - APRIL 12. 1994 AMENDED - MARCH 14, 1995 AMENDED - OCTOBER 27, 1997 AMENDED - APRIL 14, 1998 AMENDED - SEPTEMBER B. 1998 AMENDED - FEBRUARY 23. 1999 AMENDED - MAY 9, 2000 AMENDED - MARCH 43, 2001 O a W ,n5 n ^ 04 W U U BLVD. EXHIBIT A CYsr- 1002 -e GOLDEN GATE AREA FUTURE LAND USE MAP LEE COUNTY Oi GOLDEN GATE c x 4 W :S 3 0 1 MI. 2 MI. PREPARED BY: GRAPHS AN ICD TECHNICAL SUPPORT SECTDN COMMUNITY DEVELOPMENT AND ENNRONMENTAL SERNCLS DIMSION FILE: GGMP- 2001- A -2.DWC DATE: 1/2003 PLOT: AUTOCAD.PAL R26E I R27E NAPLES IMMOKALEE ROAD OIL WELL ROAD RANDALL BOULEVARD Q g 0 I>: a m F i A I R28E CPSP- 2002 -6 MAP 5 #% A,.,, EXHIBIT GOLDEN GATE URBAN COMMERCIAL SUBDISTRICT AND GOLDEN GATE ESTATES COMMERCIAL SUBDISTRICT COLLIER COUNTY, FLORIDA �b �wQ^Q 6 N aaI U 51 Bf ��� O O � O o 0 D DD J-�P D D MW-1 c DD J U W Of C<9UU Z V) W w � O O 0 Ljw W J a U LLJ W H z C-) U p <0 J m m OXO U n EXHIBIT "All Q - og saarxsrm _ ya Al d uW "tea y ef' � ti N �• K t O m R s r N 0 Z om W Z z W� p d y L 6 'w z FRO i w F fF/! lJ W Zx aarnTroc• 1 /LO I k i Otiv�TfWB vdYN dl p --�.rt IL W W 6 'lift W E- z " sc -i vruanNi � E- V Ey- F-r ~ � W 1 E z W nk SD 00 p xra aaia.rr (� EI Q a 9L a r-1 A E p U O s y ra wsan W a A A z W ]NYl TN1tl00ddFM a � 3 9 3 s O O LL U � a a= EN LL a g O y s Y N Si yiaa roan aoos �OV U(C4 50 a �� boa O a oQ� a a 'ZO a0� �oo n mir W UYOtl MDIS1MNf1 Mob Nil —n Z D Q O < UD EXHIBIT "A" MAP 9 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS Collier County, Florida CPSP- 2002 -6 IMMOKALEE ROAD PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION RLE: GGMP- 47.DWG DATE: 1/03 GOLDEN GATE ESTATES NEIGHBORHOOD CENTERS LEGEND NEIGHBORHOOD CENTERS 0 1 MI 2 MI EXHIBIT A CPSP- 2002 -6 MAP 10 IVA WILSON BOULEVARD /GOLDEN GATE BOULEVARD CENTER Collier County, Florida IMMOKALEE D A O O _ a G A V LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA NEIGHBORHOOD 0 1/2 MI. 1 MI. CENTER PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 43.DWG DATE: 3/03 EXHIBIT "A" CPSP- 2002 -6 MAP 11 COLLIER BOULEVARD /PINE RIDGE ROAD CENTER Collier County, Florida LN BEACH ROAD EXT. 9 a O D Q T O D C7 .a PINE RIDGIE R ci 1 / a x ` � F pq a C oa as a ova F z LEGEND GOLDEN GATE NEIGHBORHOOD ESTATES CENTER 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 46.DWG DATE: 1 /03 11061, EXHIBIT A CPSP- 2002 -6 MAP 12 GOLDEN GATE BOULEVARD /EVERGLADES BOULEVARD CENTER - Collier County, Florida IMMOKALEE 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 45.DWG DATE: 3/03 LEGEND GOLDEN GATE ESTATES 0 NEIGHBORHOOD CENTER SETTLEMENT AREA r, An.L D.L 1 h %-L- Qr-c,vvcc-v MAP 13 IMMOKALEE ROAD /EVERGLADES BOULEVARD CENTER Collier County, Florida IMMOKALEE 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 44.DWG DATE: 1/03 IMMOKALEE ROAD LEGEND GOLDEN GATE SETTLEMENT ESTATES AREA r�q NEIGHBORHOOD CENTER EXHIBIT A MAP 14 RANDALL BOULEVARD COMMERCIAL SUBDISTRICT Collier County, Florida IMMOKALEE 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 21.DWG DATE: 3/03 CPSP- 2002 -6 LEGEND GOLDEN GATE ESTATES SETTLEMENT AREA EXHIBIT "A" MAP 15 CPSP- 2002 -6 GOLDEN GATE PARKWAY INTERCHANGE CONDITIONAL Collier County, Florida USES4AA LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 49.DWG DATE: 1/03 RIDGE ROAD i m GOLDEN GATE; DAVIS BOULEVARD EXT. LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 49.DWG DATE: 1/03 EXHIBIT "A" MAP 16 CPSP- 2002 -6 8 COMMERCIAL WESTERN ESTATES INFILL SUBDISTRICT Collier County, Florida ti NAPLES - IMMOKALEE ROAD F Go COMMERCIAL w F WESTERN ESTATES o Z Flri INFILL SUBDISTRICT w a a O BEACH ROAD EXT. U A (i L PINE RIDGE O E U A 4 o- O m LEGEND GOLDEN GATE ESTATES 0 1/2 MI. 1 MI. PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- 48.DWG DATE: 1/03 EXHIBIT A CPSP- 2002 -6 33 MAP 17 8 SOUTHERN GOLDEN GATE ESTATES NATURAL RESOURCE PROTECTION AREA OVERLAY F NAPLES IMMOKALEE ROAD 6 > OIL WELL ROAD F NAPLES IMMOIALEE ROAD z RANDALL BOULEVARD W a 3 E U E GOLDEN GATE BOULEVARD , PINE RIDGE RD, WHITE BLVD. A a 4 w a > °m a E z Pe U 0. G.G. PKWY. A O 0. L < INTERSTg7E_75 > p W S.R. -84 DAVIS BLVD. EXT. S.R. -84 m a > lh E- �ja'A O O W W ❑ 6 W 7 m F m 0 t NI. 2 MI. ❑ PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION FILE: GGMP- DCA- 99- 4A.DWG DATE: 3/03 PLOT: AUTOCAD.PAL R26E R27E R28E 33 Exhibit A FUTURE LAND USE ELEMENT FUTURE LAND USE MAP FUTURE LAND USE MAP SERIES - WELLHEAD PROTECTION AREAS CPSP- 2002 -7 #1. POLICY 1.5 [page 11 ] Policy 1.5: Overlays and Special Features shall include: A. Area of Critical State Concern Overlay B. Airport Noise Area Overlay C. Rural Lands Stewardship Area Overlay D. Bayshore /Gateway Triangle Redevelopment Overlay E. Coastal High Hazard Area Boundary F. Traffic Congestion Area Boundary G. Incorporated Areas #2. POLICY 3.1j. [page 13] Policy 3.1 j. No development orders shall be issued which are inconsistent with the Growth Management Plan_ Some proiects and properties may be inconsistent with densities and use intensities established in the Future Land Use Designation Description Section, but are found to be consistent with this Plan via one or more of Policies 5.9 through 5.13. ; Exemptien has been gFaRt8d 9F wheFe a pesitive DeteFm"Ratie-R ef Vested Rights h e e A ;:A-;4 d- R #3. FLUE POLICY 4.6 [page 14] Policy 4.6: Access Management Plans provisions for each of the Mixed Use and Interchange Activity Centers designated on the Future Land Use Map have been developed and incorporated in to the Collier County Land Development Code. The intent of the Access Management Plans provisions is defined by the following guidelines and principles: a. The number of ingress and egress points shall be minimized and shall be combined and signalized to the maximum extent possible. b. Spacing of access points shall meet, to the maximum extent possible, the standards set for the in the Collier County Access Maeagemeet Control Policy (Resolution #01 -247 92 -442, adopted August 18,1992. Words underlined are added; words striie'_- ~_hr—eugh are deleted. C. Access points and turning movements shall be located and designed to minimize interference with the operation of interchanges and intersections. d. Lots, parcels, and subdivision, which are created, shall be encouraged to dedicate cross - access easements, rights -of -way, and limited access easements, as necessary and appropriate, in order to ensure that the above mentioned standards (a. -c.) are complied with. #4. MIXED USE ACTIVITY CENTER SUBDISTRICT [page 34] 1. Mixed Use Activity Center Subdistrict The factors to consider during review of a rezone petition are as follows: - Rezones within Mixed Use Activity Centers are encouraged to be in the form of a Planned Unit Development. There shall be no minimum acreage limitation for such Planned Unit Developments except all requests for rezoning must meet the requirements for rezoning in the Land Development Code. - The amount, type and location of existing zoned commercial land, and developed commercial uses, within the Mixed Use Activity Center and within two road miles of the - Mixed Use Activity Center; - Market demand and service area for the proposed commercial land uses to be used as a guide to explore the feasibility of the requested land uses; - Existing patterns of land use within the Mixed Use Activity Center and within two radial miles; - Adequacy of infrastructure capacity, particularly roads; - Compatibility of the proposed development with, and adequacy of buffering for, adjoining properties; - Natural or man -made constraints; - Rezoning criteria identified in the Land Development Code; Conformance with Access Management Plans provisions for Mixed Use Activity Centers contained in the Land Development Code; Coordinated traffic flow on -site and off -site, as may be demonstrated by a Traffic Impact Analysis, and a site plan /master plan indicating on -site traffic movements, access point locations and type, median opening locations and type on the abutting roadway(s), location of traffic signals on the abutting roadway(s), and internal and external vehicular and pedestrian interconnections; Interconnection(s) for pedestrians, bicycles and motor vehicles with existing and future adjacent projects; Conformance with the architectural design standards as identified in the Land Development Code. #5. INTERCHANGE ACTIVITY CENTER SUBDISTRICT [page 37] 1. Interchange Activity Center Subdistrict The following conditions shall be required to ensure compatibility of Industrial land uses with other commercial, residential and /or institutional land uses in the Interchange Activity Centers; to maintain the appearance of these Interchange Activity Centers as gateways to the community; and to mitigate any adverse impacts caused by noise, glare or fumes to the adjacent property owners. The Planned Unit Development and /or rezoning ordinance shall contain specific language regarding the permitted Industrial land uses, compatibility Words underlined are added; words striaek threugh are deleted. requirements, and development standards consistent with the following conditions. Site specific development details will be reviewed during the Site Development Plan review process. - Landscaping, buffering and /or berming shall be installed along the Interstate; - Fencing shall be wooden or masonry; - Wholesale and storage uses shall not be permitted immediately adjacent to the right -of -way of the Interstate; - Central water and sewage systems shall be required; - State Access Management Plans, as applicable; - No direct access to the Interstate right -of -way shall be permitted; - Joint access and frontage roads shall be established when frontage is not adequate to meet the access spacing requirements of the Access Control Policy, Activity Center Access Management Plans provisions, or State Access Management Plans, as applicable; - Access points and median openings shall be designed to provide adequate turning radii to accommodate truck traffic and to minimize the need for U -turn movements; - The developer shall be responsible to provide all necessary traffic improvements - to include traffic signals, turn lanes, deceleration lanes, and other improvements deemed necessary - as determined through the rezoning process; - A maximum floor area ratio (FAR) for the designated Industrial land uses component of the projects shall be established at 0.45. #6. FLUE POLICY 4.8 [page 14] Policy 4.8: Maintain and update, on an annual basis, the following demographic and land use information: existing permanent population, existing seasonal population, projected population, existing dwelling units, and projected dwelling units. Included with this database shall be a forecast of the geographic distribution of anticipated growth. Population estimates and projections shall be based upon the most recent population bulletin from the University of Florida's Bureau of Economic and Business Research (BEBR), except where decennial census estimates are available. For the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, population projections shall be calculated using BEBR's high range growth rate; thereafter, projections shall be calculated based upon 95% of the BEBR high range growth rate. V. FLUE POLICY 5.9 [page 16] Policy 5.9: Properties which do not conform to the Future Land Use Element but are improved, as determined through the Zoning Re- evaluation Program described in former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, shall be deemed consistent with the Future Land Use Element and identified on the Future Land Use Map Series as Properties Consistent by Policy. Words underlined are added; words struek threugh are deleted. #8. FLUE POLICY 5.10 [page 16] Policy 5.10: Properties for which exemptions based on bested rights, dedications, or compatibility determinations, and compatibility exceptions have been granted, as provided for in the Zoning Re- evaluation Program established pursuant to former Policy 3.1 K and implemented through the Zoning Reevaluation Ordinance No. 90 -23, and identified on the Future Land Use Map series as Properties Consistent by Policy, shall be considered consistent with the Future Land Use Element. These properties shall be considered consistent with the Future Land Use Element only to the extent of the exemption or exception granted and in accordance with all other limitations an timelines that are provided for in the Zoning Re- evaluation Program. Nothing contained in this policy shall exempt any development from having to comply with any provision of the Growth Management Plan other than the zoning reevaluation program. #9. URBAN DESIGNATION, PARAGRAPH b.12. [page 19] I. Urban Designation b. Non - residential uses including: 12. Commercial uses subject to criteria identified in the Urban - Mixed Use District, PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Infill Subdistrict, aPA Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, and Henderson Creek Mixed Use Subdistrict: and, in the Urban Commercial District, Mixed Use Activity Center Subdistrict, aPA Interchange Activity Center Subdistrict, a-nd Livingston /Pine Ridge Commercial Infill Subdistrict, a Mixed Use , Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, a4;4 Livingston Road Commercial Infill Subdistrict, and in the Bayshore /Gateway Triangle Redevelopment Overlay. #10. URBAN —MIXED USE DISTRICT, 3rd PARAGRAPH [page 20] A. Urban — Mixed Use District Priorities for shoreline land use shall be given to water dependent principal uses over water - related land uses. In addition to the criteria of compatibility with surrounding land uses and consistency with the siting policy of the Conservation and Coastal Management Element (12916GY 11.1.4 Obiective 10.1 and subsequent policies), the following land use criteria shall be used for prioritizing the siting of water - dependent and water - related uses: a. Presently developed sites; b. Sites where water - dependent or water - related uses have been previously established; c. Sites where shoreline improvements are in place; d. Sites where damage to viable, naturally functioning wetlands, or other environmentally sensitive features, could be minimized. #11. URBAN COASTAL FRINGE SUBDISTRICT [page 20] 2. Urban Coastal Fringe Subdistrict The purpose of this Subdistrict is to provide transitional densities between the Conservation Designated Area and the Urban Designated Area. It includes that area south of US 41 between Words underlined are added; words skru='__ }h_ =ugw are deleted. the City of Naples and Collier- Seminole State Park, including Marco Island and comprises approximately 18,000 acres and 15% of the Urban Mixed Use District. In order to facilitate hurricane evacuation and to protect the adjacent environmentally sensitive Conservation Designated Area, residential densities shall be limited to a maximum of 4 dwelling units per acre, except as allowed in the Density Rating System to exceed 4 units per acre through provision of Affordable Housing and Transfer of Development Rights, and except as provided in the Bayshore /Gateway Triangle Redevelopment Overlay. New rezones to permit mobile home development within this Subdistrict are prohibited. Rezones are recommended to be in the form of a Planned Unit Development. The Marco Island Master Plan shall provide for density, intensity, siting criteria and specific standards for land use districts encompassed by the Marco Island Master Plan but outside the incorporated area of en Marco Island. #12. PUD NEIGHBORHOOD VILLAGE CENTER SUBDISTRICT [page 21] 4. PUD Neighborhood Village Center Subdistrict The purpose of this Subdistrict is to allow for small -scale retail, offices, and service facilities to serve the daily needs of the residents of a PUD. The acreage eligible for Neighborhood Village Center designation and uses shall be sized in proportion to the number of units to be served, but in no event shall the acreage within the Village Center designated for small -scale retail, offices, and service facilities exceed 15 acres. These Neighborhood Village Center uses may be combined with recreational facilities or other amenities of the PUD and shall be conveniently located to serve the PUD. The Village Center shall not have independent access to any roadway external to the PUD and shall be integrated into the PUD. Phasing of construction of the Neighborhood Village Center shall be controlled so that it occurs concurrent with the residential units. The Planned Unit Development district of the Land Development Code shall be amended within one (1) year to provide standards and principles regulating access, location or integration within the PUD of the Village Center, allowed uses, and square footage and /or acreage thresholds. #13. BUSINESS PARK SUBDISTRICT [page 21] 5. Business Park Subdistrict The Business Park Subdistrict is intended to provide for a mix of industrial uses and non - industrial uses, designed in an attractive park -like environment with low structural density where building coverage ranges between 25% to 45% and where landscaped areas provide for buffering and enjoyment by the employees and patrons of the park. Business Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a Business Parks shall be permitted to include up to 30% of the total acreage for non - industrial uses of the type identified in "c" below, and will reserve land within the industrially designated areas for industrial uses. Similarly, Business Parks shall be permitted to include up to 30% of the total building square footage for non - industrial uses of the type identified in Paragraph c below. The percentage and mix of each category of use shall be determined at the time of zoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance or rezone ordinance so as to demonstrate compliance with this requirement. Words underlined are added; words atruek threiag are deleted. l b Access to arterial road systems shall be in accordance with the Collier County Access Control Management Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. . c Non - industrial uses may include uses such as certain offices, financial institutions, retail services, institutional, cultural facilities, medical facilities, hotels /motels at a density of 26 units per acre, and recreational facilities. Retail Uses shall be limited to those uses whiGh that serve the employees of businesses within the Park or are related to the products, goods and services that are manufactured, distributed, produced or provided by businesses in the Park. d When the Business Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Business Park is located in the Urban Commercial District or Urban -Mixed Use District, the industrial uses shall be limited to light industry such as light manufacturing, processing, and packaging in fully enclosed buildings; research, design and product development; printing, lithography and publishing; and similar light industrial uses that are compatible with non - industrial uses permitted in the district; and, the Planned Unit Development Ordinance or Rezoning Ordinance for a Business Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. e Business Parks must be a minimum of 35 acres in size. f Business Parks located within Interstate Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the Iterstate Interchange Activity Center Subdistrict for commercial and industrial land uses. g Business Parks shall adopt standards for the development of individual building parcels and general standards for buffering, landscaping, open space, signage, lighting, screening of outdoor storage, parking and access management. h When located in a District other than the Urban Industrial District, the Business Park must have direct access to a road classified as an arterial in the Transportation Element. TFaffie i Business Parks are encouraged to utilize PUD zoning. The maximum additional acreage eligible to be utilized for a Business Park Subdistrict within the Urban -Mixed Use District is 500 acres, exclusive of open space and conservation areas. #14. OFFICE AND INFILL COMMERCIAL SUBDISTRICT [page 22] 6. Office and Infill Commercial Subdistrict The intent of this Subdistrict is to allow low intensity office commercial or in -fill commercial development on small parcels within the Urban -Mixed Use District located along arterial and collector roadways where residential development, as allowed by the Density Rating System, may not be compatible or appropriate. Lower intensity office commercial attracts low traffic volumes on the abutting roadway(s) and is generally compatible with nearby residential and commercial development. The criteria listed below must be met for any project utilizing this Subdistrict. For purposes of this Subdistrict, "abuts" and "abutting" excludes intervening public street, easement (other than utilities) or right -of -way, except for an intervening local street; and "commercial' refers to C -1 through C -5 zoning districts and commercial components of PUDs. a. The subject site is in the Urban -Mixed Use District. ab. The subject site abuts a road classified as an arterial or collector a6 identified on the Collier County Functional Class Map , as seeta+eed adopted in the Transportation Element. . Words underlined are added; words stridek t'_=___gh are deleted. lac. A rezone to commercial zoning is requested for the T-4e subject property in its entirety, up to a maximum of 12 acres. , For a property greater than 12 acres in size, the balance of the property in excess of 12 acres, ' , is limited to an environmental conservation easement or open space. ; Under this provision, "open space" shall not include water management facilities unless said facilities are incorporated into a conservation or preservation area for the purpose of enhancement of the conservation or preservation area. sd. The site abuts commercial zoning: (i) On one side and non - commercial zoning on the other side; or, (ii) On both sides_; e. The abutting commercial zoning may be in the unincorporated portion of Collier County or in a neighboring jurisdiction. df. The depth of the subject property in its entirety, or up to 12 acres for parcels greater than 12 acres in size, for which guested commercial zoning is being requested, does not exceed the depth of the commercially zoned area on the abutting seenFReFsial parcel(s). Where the subiect site abuts commercial zoning on both sides, and the depth of the commercially zoned area is not the same on both abutting parcels, the Board of County Commissioners shall have discretion in determining how to interpret the depth of the commercially zoned area which cannot be exceeded, but in no case shall the depth exceed that on the abutting property with the greatest depth of commercial area. This discretion shall be applied on a case by case basis. eg. Project uses are limited to office or low intensity commercial uses if the subject property abuts commercial zoning on one side only. For property abutting commercial zoning on both sides, as , the project uses may include those of the highest intensity abutting commercial zoning district_ #h. The subject property in its entirety paFGGI iR qU86tieR was not created to take advantage of this provision., and -was evidenced by its creation GFeated prior to the adoption of this provision in the Growth Management Plan on October 28, 1997_ i. For those sites that have existing commercial zoning abutting one side only: ; commercial zoning used pursuant to this Subdistrict sub6est+en shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met: and, ii uses shall be limited so as to serve as a transitional use between the commercial zoning on one side and non - commercial zoning on the other side. and will net be i. For those sites that have existing commercial zoning abutting both sides, commercial zoning used pursuant to this Subdistrict shall only be applied one time and shall not be expanded, except for aggregation of additional properties so long as all other criteria under this Subdistrict are met k. Lands zoned for support medical uses pursuant to the "1/4 mile support medical uses" provision in the Urban designation shall not be deemed "commercial zoning" for purposes of this Subdistrict. I. For properties zoned commercial pursuant to any of the Infill Subdistricts in the Urban - Mixed Use District or in the Urban - Commercial District, said commercial zoning shall not qualify to cause the abutting property(s) to become eligible for commercial zoning under this Office and Infill Commercial Subdistrict. M. Land adjacent to areas zoned C -1/T on the zoning atlas maps, or other commercial zoning obtained via the former Commercial Under Criteria provision in the FLUE, shall not be eligible for a rezone under the Office and Infill Commercial Subdistrict, except through aggregation as provided in Paragraphs i. and L above. Words underlined are added; words :striae _ thr ugh are deleted. n. For purposes of this Subdistrict, property abutting land zoned Industrial or Industrial PUD, or abutting lands zoned for Business Park uses pursuant to the Business Park Subdistrict or abutting lands zoned for Research and Technology Park uses pursuant to the Research and Technology Park Subdistrict, shall also qualify for commercial zoning so long as all other criteria under the Office and Infill Commercial Subdistrict are met. go. At time of development, the project will be served by central public water and sewer. ; apA h2. The project will be compatible with existing land uses and permitted future land uses on surrounding properties. jq. The maximum acreage eligible to be utilized for the Office and Infill Commercial Subdistrict within the Urban -Mixed Use District is 250 acres. #15. RESEARCH AND TECHNOLOGY PARK SUBDISTRICT [page 26] 12. Research and Technology Park Subdistrict The Research and Technology Park Subdistrict is intended to provide for a mix of targeted industry uses - aviation /aerospace industry, health technology industry, information technology industry, and light, low environmental impact manufacturing industry and non - industrial uses, designed in an attractive park -like environment where landscaped areas, outdoor spaces and internal interconnectivity provide for buffering, usable open space, and a network of pathways for the enjoyment of the employees, residents and patrons of the park. Research and Technology Parks shall be allowed as a Subdistrict in the Urban -Mixed Use District, Urban Commercial District and Urban Industrial District, and may include the general uses allowed within each District, the specific uses set forth below, and shall comply with the following general conditions: a. Research and Technology Parks shall be permitted to include up to 20% of the total acreage for non - target industry uses of the type identified in paragraph "d" below; and, up to 20% of the total acreage for workforce housing, except as provided in paragraph j below. Similarly, up to 20% of the total building square footage, exclusive of square footage for residential development, may contain non - target industry uses of the type identified in Paragraph d below. At a minimum, 60% of the total park acreage must be devoted to target industry uses identified in paragraph c below. Similarly, a minimum of 60% of the total building square footage, exclusive of square footage for residential development shall be devoted to target industry uses identified in paragraph c below. The specific percentage and mix of each category of use shall be determined at the time of rezoning in accordance with the criteria specified in the Land Development Code. The acreage and building square footage figures and percentages shall be included in the PUD ordinance so as to demonstrate compliance with this requirement b. Access to arterial and collector road systems shall be in accordance with the Collier County Access Control ManagemeR4 Policy and consistent with Objective 7 and Policy 7.1 of the Transportation Element. c. The target industries identified by the Economic Development Council of Collier County are aviation /aerospace industry, health technology industry, and information technology industry, and include the following uses: software development and programming; internet technologies and electronic commerce; multimedia activities and CD -ROM development; data and information processing; call center and customer support activities; professional services that are export based such as laboratory research or testing activities; light manufacturing in the high tech target sectors of aviation /aerospace and health and information technologies; office uses in connection with on -site research; development testing and related manufacturing; general Words underlined are added; words str ek threugh are deleted. 0 1 administrative offices of a research and development firm; educational, scientific and research organizations; production facilities and operations. d. Non - target industry uses may include hotels at a density consistent with the Land Development Code, and those uses in the C -1 through C -3 Zoning Districts that provide support services to the target industries such as general office, banks, fitness centers, personal and professional services, medical, financial and convenience sales and services, computer related businesses and services, employee training, technical conferencing, day care center, restaurants and corporate and government offices e. When the Research and Technology Park is located within the Urban Industrial District or includes industrially zoned land, those uses allowed in the Industrial Zoning District shall be permitted provided that the total industrial acreage is not greater than the amount previously zoned or designated industrial. When a Research and Technology Park is located in the Urban Commercial District or Urban -Mixed Use District, the industrial uses shall be limited to those target industry uses. The Planned Unit Development Ordinance or Rezoning Ordinance for a Research and Technology Park project shall list specifically all permitted uses and development standards consistent with the criteria identified in this provision. f. Research and Technology Parks must be a minimum of 19 acres in size. g. Research and Technology Parks located within !RteFstate Interchange Activity Center quadrants that permit Industrial Uses shall also be required to meet the standards as stated under the IRtGF6tate Interchange Activity Center Subdistrict for commercial and industrial land uses. h. Standards for Research and Technology Parks shall be adopted for the development of individual building parcels and general standards shall be adopted for pedestrian and vehicular interconnections, buffering, landscaping, open spaces, signage, lighting, screening of outdoor storage, parking and access management. i. When located in a District other than the Urban Industrial District, the Research and Technology Park must be adjacent to, and have direct principal access to a road classified as an arterial or collector in the Transportation Element. Direct principal access is defined as a local roadway connection to the arterial or collector road, provided the portion of the local roadway intended to provide access to the Research and Technology Park is not within a residential neighborhood and does not service a predominately residential area. j. Research and Technology Parks shall not be located on land abutting residentially zoned property, unless the Park provides workforce housing. When abutting residentially zoned land, up to 40% of the Park's total acreage may be devoted to workforce housing and all or a portion of the workforce housing is encouraged to abut such adjacent land where feasible. k. Whenever workforce housing is provided, it shall be fully integrated with other compatible uses in the park through mixed use buildings and /or through pedestrian and vehicular interconnections. I. Whenever workforce housing (affordable housing) is provided, it is allowed at a density consistent with the Density Rating System. m. Building permits for non - target industry uses identified in paragraph "d" above shall not be issued for more than 10,000 square feet of building area prior to issuance of the first building permit for a target industry use. n. Research and Technology Parks must be compatible with surrounding land uses. o. Research and Technology Parks must utilize PUD zoning. Words underlined are added; words st -a_'_- ~_h_e•tgh are deleted. The maximum additional acreage eligible to be utilized for a Research and Technology Park Subdistrict within the Urban -Mixed Use District is 1000 acres, exclusive of open space and conservation areas. #16. DENSITY RATING SYSTEM [page 31 ] Density Rating System This Density Rating System is only applicable to areas designated: Urban, Urban - Mixed Use District, as identified on the Future Land Use Map, exclusive of the Urban Residential Fringe Subdistrict, and exclusive of Urban areas encompassed by the Immokalee Area Master Plan, Golden Gate Area Master Plan, and Marco Island Master Plan; and, Agricultural /Rural, as provided for in the Rural Lands Stewardship Area Overlay for the Affordable Housing Density Bonus only. The Density Rating System is applicable to the Urban Coastal Fringe Subdistrict to the extent that the residential density cap of 4 dwelling units per acre is not exceeded, except for the density bonus for Affordable Housing and Transfer of Development Rights, and except as provided for in the Bayshore /Gateway Triangle Redevelopment Overlay. Within the applicable Urban Designated Areas a base density of 4 residential dwelling units per gross acre is permitted though not an entitlement. This base level of density may be adiusted depending upon the location and characteristics of the project. For purposes of calculatinq the eligible number of dwellinq units for a project (gross acreage multiplied by eligible number of dwelling units per acre) the total number of dwelling units may be rounded up by one unit if the dwelling unit total yields a fraction of a unit .5 or greater. Acreage to be used for calculating density is exclusive of the commercial and industrial portions of a project, except where authorized in a Subdistrict such as the Orange Blossom Mixed -Use Subdistrict, and except for mixed residential and commercial uses as provided for in the C -1 through C -3 zoning districts in the Collier County Land Development Code, via conditional use. This Density Rating System only applies to residential dwelling units. This Density Rating System is not applicable to accessory dwellings that are not intended and not designed for permanent occupancy and not intended for rental or other commercial use; such accessory dwellings include quest houses servants quarters mother -in -law's quarters cabanas, quest suites, and the like. s perm ___e level 91 density may be adju8ted a. Density Bonuses Consistency with the following characteristics may add to the base density. Density bonuses are discretionary, not entitlements, and are dependent upon meeting the criteria for each bonus provision and compatibility with surrounding properties, as well as the criteria in the Land Development Code. All new residential zoning shall be consistent with the Density Rating System, except as provided in Policy 5.1 of the Future Land Use Element. 10 Words underlined are added; words struek threugh are deleted. • #17. MIXED USE ACTIVITY CENTER SUBDISTRICT, 2nd PARAGRAPH [page 33] Mixed Use Activity Center Subdistrict The Mixed -Use Activity Center concept is designed to concentrate almost all new commercial zoning in locations where traffic impacts can readily be accommodated, to avoid strip and disorganized patterns of commercial development, and to create focal points within the community. Additionally, some commercial development is allowed outside of Mixed Use Activity Centers in the PUD Neighborhood Village Center Subdistrict, Office and Infill Commercial Subdistrict, Interchange Activity Center Subdistrict, Traditional Neighborhood Design Subdistrict, Orange Blossom Mixed -Use Subdistrict, Goodlette /Pine Ridge Commercial Subdistrict, Vanderbilt Beach /Collier Boulevard Commercial Subdistrict, Livingston /Pine Ridge Commercial Infill Subdistrict, Henderson Creek Mixed Use Subdistrict, Livingston Road /Eatonwood Lane Commercial Infill Subdistrict, Livingston Road Commercial Infill Subdistrict, and the Bayshore /Gateway Triangle Redevelopment Overlay and by Policies 4- 5.9, 5.10, and 5.11 of the Future Land Use Element. #18. FUTURE LAND USE MAP see Future Land Use Map for changes #19. FUTURE LAND USE MAP SERIES- WELLHEAD PROTECTION AREAS MAP see Wellhead Protection Areas Map for changes Exhibit A, CPSP -02 -7, FLUE per CCPC rec. G, Comp, Comp Plan Amendments, 2002 cycle dw/2 -12- 03/3 -12- 03/3 -24- 03/4 -10 -03 11 words underlined are added; words strue'rc «.ti,ra..ugh- are deleted. /�G CP 0 2 7 EXHIBIT "A" n T 40 S T 47 S T 48 S T 48 S T 50 S T 51 S T 62 S T 63 S wroo oavmoaa AINnoo aavc �• 1 4 � q bf q G k� ,cs�•a' W a ❑��5 ❑88oil .'❑ 'pay W ,s 0 W W O � P9 � � 8 c R yy 1 _ »� lift W C � LU y , W S Ob 1 S Lb 1 8 84 1 S 04 1 9 02 1 8 19 1 S Z9 1 S E9 1 1 $ g p $ B ply oc ^ C 0 Gulf S Ob 1 S Lb 1 8 84 1 S 04 1 9 02 1 8 19 1 S Z9 1 S E9 1 a. 0. E-4 H H x x W T 48 S T 47 8 T 48 S am❑ !IS�m ®■ � z � r in a 0 0 ■ 1 ❑A❑❑®❑ g ! WI ¢ � o i l I C. I C I C T 48 S T 50 8 T 51 S T 52 S T 58 S 'A +LMnOJ OWM089 '1NllO.i Sava W Vol 1\` r N i 341 d' S R R Rk W Q 1 y � l W .�. p � .0 QCQ o i p U c Lu U =e � W In tq � ¢ L6 C M G 9 04 1 8 L4 1 9 8f 1 9 Bf 1 I C a s m 3 Fs rc 0 W / W fff} 07 o .f C"Ut f : i 341 S R R Rk 1 Z�G to 19 C r � � o Y p N o .f C"Ut f : A W �o 8 09 1 S L9 1 S S4 1 S £5 1 7 i 341 S R R Rk 1 e to 19 A W �o 8 09 1 S L9 1 S S4 1 S £5 1 7 hAnllil'1' "A" COLLIER COUNTY WELLHEAD PROTECTION AREAS PELICAN SAY IMPROVEMENT DISTRICT (7 WELLS) (CORAL REEF AQUIFER) QUAIL CREEK UTILITIES (1 WELL) CR 84E I;Y�Y— LUUL�; ./0 A CV IMMOKALEE V) WATER /SEWER DISTRICT (16 WELLS TOT.) CR 846 CR 846 CR 858 CITY OF NAPLES EAST GOLDEN GATE WELL FIELD (24 WELLS) d M cn G.G. BLVD V1 J C7 ao O u N NG.P COLLIER COUNTY v � GOLDEN GATE tai) C.) WELL FIELD (16 WELLS) 4GOLDEN 1 75 GATE CITY WELL FIELD (6 WELLS) rn UJ p> m W Q J C� D_ W (/ S' W 9j PORT OF THE ISLANDS IY (2 WELLS) COPELAND /EVERGLADES CITY (3 WELLS) 0) l \ CO PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION SOURCE: COWER COUNTY COMPREHENSIVE PLANNING SECTION DATE: 10/99 FILE: WFPZR12.DWG EXHIBIT "A" COLLIER COUNTY WELLHEAD PROTECTION AREAS Dj ORANGETREE WELLFIELD CR 846 — � � T Lr' r RIDGE WELLFIELD PINE RCOASTAL G.G. BLVD f (l� COLLIER RIDGE COUNTY UTILITIES j WELLFIELD G. P WY SR 84 FLORIDA GOVERNMENTAL UTILITY AUTHORITY GOLDEN GATE WATER TREATMENT In PLANT WELLFIELD CT Of > U J m 1n W D Q J C9 (Y W 01 Of N /CI) CV U PREPARED BY: GRAPHICS AND TECHNICAL SUPPORT SECTION COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES DIVISION SOURCE: COLLIER COUNTY POLLUTION CONTROL AND PREVENTION DEPT. DATE: 2/03 FILE: WFPZR12- 2003.DWG V CR 846 PETITION CPSP- 2002 -07 CR 858 EAST GOLDEN GATE WELLFIELD 1 75 EVERGLADES CITY WELLFIELD 4 1 80% -A IMMOKALEE WATER AND SEWER DISTRICT WELLFIELDS CR 846 rn (V Of V) MOU'r Exhibit A IMMOKALEE AREA MASTER PLAN ELEMENT CPSP- 2002 -8 Policy 11.1.1 [page 2] Policy 11.1.1 The Immokalee Master Plan Future Land Use Designation shall include Future Land Use Districts and Subdistricts for: A. Residential Designation 1. Low Residential District 2. Mixed Residential District 3. High Residential District 4. PUD Commercial District B. Commercial Designation 1. Commercial District - S.R. 29 and Jefferson Ave. 2. Neighborhood Center District 3. Commerce Center - Mixed Use District 4. Residential Recreational Tourist District Residentialfrourist District: [page 8] 5. Residentiall Recreational/Tourist District The purpose of this District is to provide centers for recreational and tourism activity that utilizes the natural environment as the main attraction. The centers should contain low intensity uses that attract tourists and residents while preserving the environmental features of the area. Uses permitted in this district include: passive parks, nature preserves; wildlife sanctuaries; open space; museums; cultural facilities; marinas; transient lodging facilities including: hotel /motel, rental cabins, bed & breakfast establishments, campsites, restaurants; recreational vehicles; sporting and recreational camps; low- intensity retail; single family homes; agriculture; and those essential services as defined in the Land Development Code. Residential development is permitted at a density of less than or equal to four (4) dwelling units per gross acre. Transient lodging is permitted at a maximum density of eight (8) units per acre. Rezones are encouraged to be in the form of a Planned Unit Development (PUD). The minimum acreage requirement for a PUD shall be two (2) contiguous acres. Exhibit A, CPSP- 2002 -8, IAMP G, Comp, Comp Plan amendments, 2002 cycle dw /2 -10- 0313 -24 -03 Words underlined are added; words st_uek threugh are deleted. CPSP- 2002 -9 Exhibit A PUBLIC FACILITIES ELEMENT POTABLE WATER SUB - ELEMENT V. GOALS, OBJECTIVES AND POLICIES GOAL 1: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE POTABLE WATER FACILITIES AND SERVICES. OBJECTIVE 1.1: The County will locate and develop potable water supply sources to meet the future needs of the County owned and operated systems R4aa, said supply sources meeting the minimum Level of Service Standards established by this Plan. Policy 1.1.1: Continue to expand the ASR (Aquifer Storage and Recovery) system as a potential emergency and seasonal potable water source. Policy 1.1.2: Continue to implement a program for the protection of existing and potential potable water supply sources. Policy 1.1.3: Identify sufficient quantities of braGkish water sources to meet the County's estimated 10 year growth - related needs. OBJECTIVE 1.2: The County will implement the following policies to make certain that public and private sector potable water service utilities provide, repair and/or replace potable water supply, treatment and distribution facilities to correct existing deficiencies in their respective service areas as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector potable water service utilities will be expanded as necessary to provide for future growth, as provided for in the following policies. Policy 1.2.1: Continue the development of a Collier County Regional Potable Water System consistent with the Capital Improvement Element and Water Master Plan Update to correct existing deficiencies and provide for future growth. Policy 1.2.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central potable water service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Water and -Sewer District Boundaries mmap (Figure PW -1); and, to areas where the County has legal commitments to provide facilities and services as of the date of 1 Words underlined are added; words etrixe#n are deleted. A`11 adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and those Compact Rural Developments one hundred (100) acres or less in size may be served by central potable water facilities; Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central potable water facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central potable water facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent water authority, or some other non - County utility provided. For the purposes of this policy and policies 1.2.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central potable water facilities includes decentralized community treatment systems; and, innovative alternative water treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Policy 1.2.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, require to the extent of the County's authority private sector potable water service utilities, establish and file with the County a statement of their policy and criteria, consistent with the goals, objectives and policies of this Plan for the expansion, replacement, and /or repair of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Policy 1.2.4: Permit development of potable water supply systems as follows: within the Designated Urban Areas of the Plan, including the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the areas depicted on the Collier County Water and Sewer District Boundaries mMap (Figure PW -1); in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay; and, in areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. For lands within an area to receive County water service, but in which County water service is not currently available, non - County potable water supply systems shall only be allowed on an interim basis until County service is available. Individual potable water supply wells may be permitted within the areas depicted on the Collier County Water aR SeweF District Boundaries mMap (Figure PW -1) on an interim basis until County water service is available; individual potable water supply wells may be permitted in all Urban designated areas outside of the areas depicted on Map Figure PW -1 on an interim basis until a potable water supply system is available; and, individual potable water supply wells may be permitted on lands outside of the Urban designated areas, outside of areas depicted on Map Figure PW -1, and outside of Towns, Villages and those Compact Rural Developments greater then one hundred (100) acres in size within the Rural Lands Stewardship Area Overlay — all areas where potable water supply systems are not anticipated. However, individual potable water supply wells may or may not be permitted within Compact Rural Developments one hundred (100) acres or less in size, depending upon the uses permitted within the Compact Rural Development. Also, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres 2 Words underlined are added; words struek t reugh are deleted. in size, potable water supply wells are allowed to serve no more than 100 acres, on an interim 8A basis only, until central service is available. Policy 1.2.5: Continue enforcement of ordinances requiring connection of existing and new development to central potable water systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88-4 01 -73 adopted December 11, 2001. Policy 1.2.6: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, water service shall be connected to the regional system, and internal facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 88 76, the 01 -57, adopted SeptembeF 27, 1988 October 23, 2001, or its latest revision, and District construction and operating policies. OBJECTIVE 1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, potable water facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.3.1: The following Level of Service Standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: Review of water usage data GiRG8 1989 indiGated indicates the LOS standard for finished water should leased to remain at 185 gpcd. Review of the historical ratio of residential to non- residential demand indicated that approximately 17% of the total water usage is non - residential. Thus the residential demand is 154 gcpd and the total finished water demand is 185 gpcd. FACILITY /SERVICE AREA LEVEL OF SERVICE COLLIER COUNTY FACILITIES STANDARD County Water and Sewer District 185 gpcd MaFG G W #or and Sewer rl'nirin4 Inn gpG d ar Goodland Water District 185 443 gpcd Marco Island Water District Unincorporated Service Area (Marco Shores) 185 gpcd CITY OF NAPLES FACILITIES Unincorporated Service Area EVERGLADES CITY FACILITIES Unincorporated Service Area 185 463 gpcd 185 443 gpcd INDEPENDENT DISTRICTS /PRIVATE SECTOR SYSTEMS The standard hereby adopted is the following "sewa �ewastewater" flow design standards, unless otherwise approved by the Board of County Commissioners to address economic, social and 3 Words underlined are added; words str•aek thr-eugh are deleted. construction method variations between individual systems : (Source: Chapter 10D -6, Florida Administrative Code) TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Commercial 75 Airports Single Service articles only (per person) a. per passenger 5 b. add per employee 20 Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices Institutions (per meal) a. per wet chair 200 b. per non -wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a. Ordinary Restaurant (per seat) 50 b. 24 hour Restaurant (per seat) 75 c. Single Service articles only (per person) 25 d. Bar and Cocktail Lounge (per person) 30 e. Drive -in Restaurant (per car space) 50 f. Carry Out only i. per 100 square feet of floor space 50 ii. add per employee 20 g. Institutions (per meal) 5 Hotels and Motels a. Regular (per room) 150 b. Resort Hotels, Camps, Cottages (per person) 75 c. add for establishments with self service laundry facilities (per machine) 400 Office Building (per employee per 8 hour shift) 20 Service Stations (per water closet and per urinal) 250 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores per square foot of floor space 0.1 4 Words underlined are added; words stiFi ek threugh are deleted. TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Swimming and Bathing Facilities, public (per person) 10 Theaters a. indoor, Auditoriums (per seat) 5 b. Outdoor, Drive -ins (per space) 10 Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel Trailer (overnight), without water and sewer hookup (per trailer space) 75 b. Travel Trailer (overnight), with water and sewer hook -ups (per trailer space). 100 INSTITUTIONAL Churches (per seat) 3 Hospitals (per bed) (does not include kitchen wastewater flows) 20 Nursing, Rest Homes (per bed) (does not include kitchen wastewater flows) 100 Parks, Public Picnic a. with toilets only (per person) 5 b. with bathhouse, showers and toilets (per person) 10 Public Institutions other than Schools & Hospitals (per person) 100 Schools (per student) a. day -type 15 b. add for showers 5 c. add for cafeteria 5 d. add for day school workers 15 e. boarding -type 75 Work/Construction Camps Semi - permanent (per worker) 50 RESIDENTIAL Residences a. Single or multiple family (per dwelling unit) 1 bedroom and 600 square feet or less heated or cooled area bedrooms 150 and 601 - 1000 square feet heated or cooled area 300 3 bedrooms and 1001 - 2000 square feet heated or cooled area 450 4 or more bedrooms and more than 2000 square feet heated or cooled area 600 b. Other (per occupant) 75 FOOTNOTES: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty -six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing 5 Words underlined are added; words „t.,...,.'_ thre,.ig , are deleted. considerations due to above average sewage volume expected from restroom facilities. Policy 1.3.2: In order to ensure these Level of Service Standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.3.3: These Level of Service Standards are the minimum criteria for replacement, expansion or increase in capacity of potable water supply facilities. Policy 1.3.4: Annually review historical potable water demand records and adjust these Level of Service Standards if so indicated by said annual review. OBJECTIVE 1.4: The County will continue to promote conservation of potable water supplies by developing and implementing an integrated, comprehensive conservation strategy which will identify specific consumption per capita goals. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater treatment plants. Policy 1.4.2: Continue to connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible. Policy 1.4.3: Continue to connect existing and future privately owned lands suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks when economically feasible. Policy 1.4.4: pFeFAGt!Rg Promote the use of xeriscape techniques (drought resistant landscaping) to minimize potable water use for landscaping irrigation as described in Division 2.4 of the Collier County Land Development Code. Policy 1.4.5: Promote and enforce the Water Irrigation Ordinance for Collier County Ordinance 02 -17, adopted April 9 2002 to reduce potable water use for irrigation. Policy 1.4.6: At such time as excess effluent is available, permit construction and connection of dual water systems to the County's effluent transmission system (i.e., separate potable water and treated 6 Words underlined are added; words s`ruek thL-e gh are deleted. ;10*;. A wastewater effluent) in new subdivisions when the construction and or connection of a dual water system will not negatively impact the potable water systems regulatory compliance or operation. OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector potable water service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central potable water systems only: in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water andsewer District Boundaries on Map Figure PW -1 of the Potable Water Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet, and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package potable water treatment systems through the development order approval process to ensure maximum utilization of the existing and planned public facilities. No existing private sector or potable water treatment systems will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all 9E-R FDEP permits. Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policies 1.2.2 and 1.2.4, central potable water systems are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central potable water system distribution lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these distribution lines. FIGURES and TABLES New Figure PW -1, Collier County Water District Boundaries New Figure PW -2, Existing and Future Potable Water Service Areas New Figure PW -3, Potable Water Treatment and Transmission Facilities New Table PW -8, Capital Improvement Projects FY 2003 -2022, Project Descriptions, Water Treatment, Transmission and Distribution Exhibit A, CPSP- 2002 -9, PWS -E per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw/2 -24- 03/3 -24- 03/10- 4 -03(no changes) Words underlined are added; words stvdek threugh are deleted. EXHIBIT "A" CPSP - 2002 -9 R 25 E R 0 E R 27 E FIGURE PW -1 I / r CITY .._ OF NAPLES } g EE CCIUER CCUN � $ OUMD =SAO" �' O1 EN�M1�IO OIIIIZ O" ® S to d MMAA7ROOIISSLpAND r SEWER gSTRIu,"i iJ COWER COUNTY WATER DISTRICT BOUNDARIES COLLOt COUNTY OOYMMMENT g OROWIN MANAGEMENT PLAN MMMMLEIY ^ME MANOMM r� y 2002 PORLlC uwm ELEMENT OC70EEN 2002 POTARME 1EAWA 211MLEMENT R 25 E R 26 9 R 27 E IN g F IN A N N H EXHIBIT "A" CPSP- 2002 -9 R as _ E -� -- R as a " 27 E FIGURE PW -2 3 i a >�� I . ) � � Y #� o �.._ � .�.... �sirrrsyru»� �-• Jet � x 1 t . 5 s �)� _y�.�.�,..., ».' � . a1 ! Fes. ,�,�,,, - . �' °�' �.. t., _ � — - '� i ,....• � •'� 1 -tu .i { ! MOa�uaw Va - � - r. .s..r. q} r F y 12" r4___ i. 1'�}~.c{.STY. T� � Y',J�' •. M.w. � fM.T1 WItlMG'T0/f if YAH4NY • SS w� w g ! f S w I BFOUNDRY ARiM f e 1 •a t ; wr" i IIIIISIME IN In WO WOO YtlAltl OOLLER OOWTY GOVERNMENT GROWN NANACEMDIT PLAN B — PUBlIO U. M. ELEMiTIT POTABLE WATER !A@LDIQIT R 25 E EXISTING AND FUTURE POTABLE WATER SERVICE AREAS �w��r.�r wEis NNANDEN ... 007060! Y002 R 26 E I R 27._E_.. I u4W N S r IN g r IN R r N 'n r N Or F R 26 E wwe w na om, OOLWW CoymMERT Qw m UNU6FlWU PLAN No "M UIEnu nomm POTARE WA,= SUMMON Iff EXHIBIT "A" R 26 E CPSP- 2002 -9 N g r N R r NIr g a r POTABLE WATER TREATMENT AND TRANSMISSION FAC IMES DRORLMY AND MANEEN W OCIOW 2662 R 26 E R 27 E �t TABLE PW4 EXHIBIT "A ", page 1 CPSP- 2902 -9 8 A CAPITAL IMPROVEMENT PROJECTS FY 2003.2022 PROJECT DESCRIPTIONS r WATER TREATMENT, TRANSMISSION AND DISTRIBUTION Greeley and Hansen LLP October 2002 Fund/Type (A) Project No. Project Name Description Existing Water 411 Growth Related Projects 411 1GD 70040 City /County Interconnect Construct interconnections east of intersection of Goodlette -Frank and Pine Ridge and east of intersection of Lakewood Blvd. And Davis Blvd. Project will make provisions for the interconnection of City and County water systems in the event of an emergency. 411/GD 70052 Manatee Station Pump Upgrade Upsize pumps and upgrade instrumentation and control of the Water Storage Facility on Manatee Road to meet growth. 4111GD 70054 SCRWTP 8 MGD RO Plant and 12MGD Expansion New 8-MGD RO Expansion at 12 -MGD lime softening SCRWTP. RO system, storage tank, 12 new water supply wells and pumps, 2 deep injection wells, raw water pipe lines, new SCADA system, O &M manuals, water blending system, emergency generators and chemical storage system. RO Plant will be expandable to 20 -MGD. 411 /GD 70075 NCRWTP 3 Additional Brackish Water Supply Wells Add three new R.O. wells 411 1GD 70093 Immokalee Road East 36" WTM Phase 1- Design and construct a 36" water main along Immokalee Road from CR 951 to Orangetree. Phase 1 is to be constructed with the road construction project. Phase 2 is design and construction of a 36" water main from Immokalee Road to the proposed NE WTP. 411 /GD 70096 Water Master Plan Updates Annual Update of water Master Plan. 411/GD 70097 SCRWTP 12 MGD RO Expansion Design and construction of 12 -MGD reverse osmosis expansion at SCRWTP 4111GD 70099 Growth Management Plan Update Update water subelement of Growth Management Plan every five years. 411 1GD 70140 East Central WTM Design and construction of East Cetral water transmission main. 411 /GD 70150 Vanderbilt Beach Road Parallel Water Main Design and cinstruction of a parallel water transmission main from Airport Road to CR 951 411 /GD 70151 CR 951 WTM -Davis Blvd to Rattlesnake Hammock Design and construction of a 36" water transmission main along CR 951 from Davis Boulevard to Rattlesnake Hammock Road 411/GD 70152 CR 951 WTM - Rattlesnake Hammock to US 41 Design and construction of a 24" water transmission main along CR 951 from Rattlesnake Hammock Road to US 41 411 /GD 70153 US 41 WTM- South from CR951 Design and construction of a 16" water main along US 41 from CR 951 to Manatee Road 411/GD 70154 Land Acquisition for NERWTP (Orange Tree) Purchase 147 ac site at Orange Tree for site of WTP and WRF. 411/GD 70155 Land Acquisition for SERWTP Purchase additional property adjacent to existing Manatee Road Pumping Station property for new WTP. 411/GD 70156 Vanderbilt Drive Booster PS Design and Construction for Vanderbilt Drive Booster PS 4111GD 70157 Manatee Road Potable Water ASR Wells Design and construction of expansion of the ASR system at the Manatee Road site. 411 /GD 70862 US 41 WM - Manatee to Boyne South Construction of water main along US 41 from Manatee to Boyne South, 4111GD 70888 Livingston Road Water Main from Pine Ridge Road to Vanderbilt Beach Road Construct a 1 s" WM along Livingston Road from Pine Ridge Road to Vanderbilt Beach Road concurrent with Road project. 411/GD 70891 Livingston Immokalee - Vanderbilt Construct 16" WM along Livingston Road from Vanderbilt Beach Road to Immokalee Road concurrent with Road project. 411/GD 70892 SCRWTP 20MGD Expansion Well Easement Study Future well study and easement acquisition 4111GD 00000 Remote Disinfection Booster Study, design and construction of remote disinfection booster stations. New Water 411 Projects 4111GD W5 Vanderbilt Drive Water Booster Station Design and construct new water booster pumping station. 411/GD W 13 NERWTP Study, design and construction of new 3.0 mgd WTP (expandable to 15 mgd) to replace existing Orange Tree plant and serve potential new customers in Areas A and B. 411 /GD W 14 SERWTP Study, design and construction of new 3.0 mgd WTP (expandable to 15 mgd) to serve potential new customers In south area and Area D. 411 /GD W17 Rattlesnake Hammock 8 "712" WTM Upgrade Design and construct a 24" WM between CR 951 to US 41 along Rattlesnake Hammock Rd. 411 /GO W29 New Wellfield Study for Proposed NERWTP Evaluate potential wellfield locations and address permitting issues 411/GD W30 New Wellfield Study for Proposed SERWTP Evaluate potential wellfield locations and address permitting issues 411/GD W31 Land Acquisition for NERWTP Wellfreld Purchase property for NERWTP welifield following welifield study 411/GD W32 Land Acquisition for SERWTP Wellfieki Purchase property for SERWTP welKeld following welifield study Existing Water 412 (Renewal and Replacement) Projects 412 /R,R &E 70027 Clean water Act RM Study EPA mandated study for chlorine and Ammonia storage accidental air release implications and development of program to rtnnintze risk of accidental air release. 412/R,R &E 70028 Goodlette Rd Water Main Goodlette -Frank Road four laning improvements (Juct. Pine Ridge Rd. to Jct. Vanderbilt Beach Rd) Relocate 12,500 LF of 24" WM plus relocate City /County Interconnect at Pine Ridge Rd. as part of the road widening project 60134. 412/R,R &E 70033 Water System Mapping Create a set of System reaps for the Water and Wastewater Depts. To be utilized for location of all facilities. Additionally the maps will be utilized by the PUED Section in planning for future expansion of our System to keep up with anticipated growth. 412/R,R &E 70045 FDOT Joint Project Contingency fund for relocation of water mains for FDOT projects at various locations. US 41 to Lee County Line; Airport Rd. to Rattlesnake Hammock Rd.;Rattlesnake Hammock Rd. to CR 95; and any other FDOT projects requiring relocations. 412/R,R &E 70047 Relocate 20 " /12" Water Main US 41 Relocate water mains for FOOT construction. Poor record drawings and unforseen conditions delayed contractor & required additional work by additional crews. Additional inspector is required for additional crews. The portion of the County deposit that was previouly refunded by FOOT will be redeposited to cover the additional work. 412/R,R &E 70048 Relocate 12" Water Main US41 Relocate water mains for FOOT construction. Poor record drawings and unforseen conditions delayed contractor & required additional work by additional crews. Additional inspector is required for additional crews. The portion of the County deposit that -was previously refunded by FDOT will be redeposited to cover the additional work. 412/R,R &E j 70053 j County Bam Road Water Main Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocation of water mains for County Barn Rd. widening. Rd. project current) scheduled for FY 2007. 412/R,R &E 1 70057 Facility Rehabilitation Rehabilitate various components of the NCRWTP, SCRWTP, welifield and remote stations. 1 oft EXHIBIT "A ", pags 2 TABLE PVII.8 - CPSP- 2002 -9 8 Fund/Type (A) Project No. Project Name Description 412/R,R &E 70058 Distribution System Rehabilitation Rehabilitate older areas of the Collier County Water District to ensure a clean and reliable source of water for all customers. Additionally, there are several areas within the Distribution System where adequate fire flow is not available due to the size of the mains in these areas. This project will correct those deficiencies, as well as rehabilitate a number of older meters in the System that have becorne unrepairable. 412/R,R &E 70059 Public Utilities Operations Center Relocate the Water Distribution Warehouse from a residential neighborhood. The present site was constructed as a temporary facility to house a maximum of 15 employees. The current staff is now 38, with growth anticipated to 5o employees within the next five years. Additionally, the warehouse is incompatible with the surrounding neighborhood. This facility will house the Water Distribution Facility, Water Administration and Public Works Administration. 412/R,R &E 70063 NCWTP Noise Abatement Perform a noise study consisting of noise readings at seven homesites in close proximity to the plant site at various operating modes. 4121R,R &E 70065 NCWTP Manatee & Cerica Chlorine Gas Conversion Convert the existing chlorine gas facilities at the NCRWTP Manatee Road Tans and Carica Tanks to Liquid Bleach. 412/R,R &E 70066 Golden Gate Wellfield Improvement Improve reliability of GG WelKeld by adding 5 backup wells to the existing 27 wells and approximately 3,000 LF of raw water transmission main. Also, secure additional easements adjacent to the 27 existing wells in the event the existing well needs to be abandoned and replaced. 412/R,R &E 70067 Golden Gate Blvd 10" Water Main Relocate 10^ water main on Golden Gate Blvd. From under proposed pavement. 412/R,R &E 70069 Upgrade NCWTP Emergency Power Distribution New electrical distribution feed and switchgear upgrades to allow full plant operation from two existing emergency enerators, with the remaining two generators for back-up redundancy. 412 /R,R &E 70071 CCDOT Utility Relocates Funds are for relocating utilities as may be needed given accelerated County road construction schedules. 412/R,R &E 70074 Port Au Prince Water /Sewer Improvements Replace existing water distribtion system concurrent with project to replace sub - standard wastewater collection system serving 4 streets off of Port au Prince Road. 412/R,R&E 70075 NCRWTP Brackish Supply Water Wells Design and Construction of new brackish water supply wells for the NCRWTP 412/R,R &E 70076 Auto Meter Read Installation Installation of systerrFwide automatic meter reading facilities. 4121R,R &E 70078 Special Assessment Software Replace outdated software for Special Assessments. 412/R,R&E 70090 Master PS Fuel Storage Add capacity for 10 days fuel storage at raw water master pump station 412/R,R &E 70094 NCRWTP Improvements Design and construction of process improvements at the NCRWTP 4121R,R &E 70095 2003 Facility Rehabilitation Rehabilitate various components of the NCRWTP, SCRWTP, wellfield and remote stations. 412/R,R &E 70098 2003 Distribution System Rehabilitation Rehabilitate older areas of the Collier County Water District to ensure a clean and reliable source of water for all customers. Additionally, there are several areas within the Distribution System where adequate fire flow is not available due to the size of the mains in these areas. This project will correct those deficiencies, as well as rehabilitate a number of older meters in the System that have become unrepairabie. 412/R,R &E 70100 NCRWTP ASR Conversion NCRWTP ASR Conversion 4121R,R &E 70124 Water Distribution Telemetry Mulli-year program to add telemetry system -wide. 412 /R,R &E 70127 Crystal Lake FM Relocation Relocate aerial crossing 412 /R,R &E 70128 County Utility Standards Update County utliry standards 412/R,R &E 70158 Lower Tamiami Well Replacement Program Replace one well per year to increase system reliability. 412 1R,R &E 70170 Vulnerability Assessment Study Perform a vulnerability assessment study for the water system 412/R,R &E 70202 2003 Utility Standards 2003 Update to County utliry standards 412/R,R &E 70300 Immok. Rd. -US41 -175 Relocate Design and construction for relocation of existing water main on Immokalee road from US 41 to 175 412/R,R &E 70301 VBR - Airport/CR951 Relocate Design and construction for relocation of existing water main on Vanderbilt Beach Road from Airport Road to CR 951 412/R,R &E 70302 CR951 - GGP to Immok. Rd. Relocate Design and construction for relocation of existing water main on CR 951 from Golden Gate Parkway to Imrnokalee Road. 412/R,R &E 70303 Golden Gate Parkway - Airport Rd. to SBB relocate Design and construction for relocation of existing water main on Golden Gate Parkway from Airport Rd to Santa Barbara Blvd. 412/R,R &E 70306 Rattlesnake Hammock Rd. - Polly to CR951 relocate Design and construction for relocation of existing water main on Rattlesnake Hammack Rd from Polly to Cr 951 412 /R,R &E 70881 BackFlow ! Cross- Connection Retrofit ail services in the Collier County Water District to meet DEP mandated cross connection control levels. This is a five year project, with the bulk of the funds being expended in the first three years of the program. 412 /R,R &E 70882 Billing System Update the Billing System software currently utilized by the Dept. of Revenue for water and wastewater accounts. The current software does not have report writing or generation capabilities. Additionally, the software is outdated for the number of customers that Collier County has and will continue to gain. New Water 412 Projects 412/R,R &E W8 NCRWTP RO Membrane Replacement Replacement required every six years. 412 1R,R &E W9 NCRWTP Nanofilter Replacement Replacement required every six years. 412 /R,R &E W10 SCRWTP Membrane Replacement Replacement required every six years. 412 /R,R &E 2002 -1 As needed consulting services As needed engineering consulting services 412 /R,R &E 2002 -2 NCWRTP Saltwater Feasibility Study to determine feasibilty of treating saltwater at existing and new plants 412/R,R &E 2002 -3 Auto Ranch Road MSBU Auto Ranch Road MSBU 412/R,R &E 20024 Asset Management Perform Asset Management Study 412 /R,R &E 2002 -5 SCRWTP Lime Softening New Fourth Reactor Study, design and construction of new fourth lime softening reactor for reliability 4121R,R &E W33 NERWTP RO Membrane Replacement Replacement required every six years. 4121R,R &E 1 W34 SERWTP RO Membrane Replacement Replacement required every six years. 1 . 411 /GD = Growth Driven (Funded by Impact Fee) 2. 412 /R,R &E =Renewal, Replacement & Enhancement (Funded by User Fee) 2 of2 Exhibit A PUBLIC FACILITIES ELEMENT SANITARY SEWER SUB - ELEMENT CPSP- 2002 -10 V. GOALS, OBJECTIVES AND POLICIES GOAL I: TO PROTECT THE HEALTH AND SAFETY OF THE PUBLIC BY ENSURING ACCESS TO ENVIRONMENTALLY SOUND, COST EFFECTIVE AND IMPLEMENTABLE SANITARY SEWER FACILITIES AND SERVICES OBJECTIVE 1.1: The County will implement the following policies to make certain that public and private sector sanitary sewer service utilities provide, repair and /or replace sanitary sewer collection, treatment and disposal facilities to correct existing deficiencies in their respective service areas, as may be required to meet or exceed the Level of Service Standards established in this Plan. In addition, public sector sanitary sewer service utilities will be expanded as necessary to provide for future growth_, Policy 1.1.1: Continue the development of the Collier County Regienal SaRitaFy Se 8F Sy6tem Water -Sewer District consistent with the Capital Improvements element to provide for future growth. Policy 1.1.2: Consistent with the urban growth policies of the Future Land Use Element of this Plan, provision of central sanitary sewer service by the County is limited to the service areas shown in this Plan and depicted on the Collier County Sewer District Boundaries mag (Figure SS -1); and, to areas where the County has legal commitments to provide facilities and services as of the date of adoption of this Plan. Additionally, Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay may be served by the County, at the County's discretion; presently, the County has no plans to serve any portion of the Rural Lands Stewardship Area Overlay. This Overlay is depicted on the countywide Future Land Use Map and map series. Within the Rural Lands Stewardship Area Overlay: Hamlets and Compact Rural Developments one hundred (100) acres or less in size may be served by central sewer facilities; Towns, Villages and those Compact Rural Developments greater than one hundred (100) acres in size are required to be served by central sewer facilities; and, Compact Rural Developments one hundred (100) acres or less in size may be required to be served by central sewer facilities, depending upon the permitted uses within the Compact Rural Development. These facilities may be provided by the private sector, an independent wastewater authority, or some other non - County utility provider. For the purposes of this policy and policies 1.1.4, 1.5.1,and 1.5.3, within the Rural Lands Stewardship Area Overlay, central sewer facilities includes decentralized community treatment systems; and, innovative alternative wastewater treatment systems such as decentralized community treatment systems shall not be prohibited by this policy provided that they meet all applicable regulatory criteria. Words underlined are added; words strue<k threiagh are deleted. A decentralized community wastewater system shall not exceed a design capacity of 10,000 gallons per day, shall provide an advanced secondary level of treatment, and shall be operated by a public or private entity with responsibility for operations and maintenance in accordance with applicable regulations. System facilities on individual lots or parcels shall have a utility easement to allow for access and maintenance of the system by the operating entity. The system shall be designed to meet the adopted level of service standards set forth in Policy 1.2.1 of this Sub - Element. Policy 1.1.3: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202, F.S., including any amendments thereto, the County will establish and implement a program requiring that private sector sanitary sewer service utilities establish and file with the Collier County Utilities Division an annual statement of their policy and service criteria, including level of service provided, consistent with the goals, objectives and policies of this Plan, for the expansion and/or replacement of their facilities to correct existing deficiencies and provide for future growth within their respective service areas. Also, County Ordinance 80 -112 requires and new development connecting to private STP submit capacity availability information with building permit applications. Policy 1.1.4: Permit development of package sewage treatment plant systems in areas identified in Policy 1.1.2, on an interim basis until County service is available. Allow individual septic systems within the County only when connection to an existing central system is not readily accessible to render service and note that where septic systems are allowed, and future County sewer service becomes available, said septic systems will be required to connect to the County regional system. Within the Rural Lands Stewardship Overlay, consistent with policy 1.1.2: septic systems are permitted within Hamlets; septic systems may or may not be permitted in Compact Rural Developments one hundred (100) acres or less in size, depending upon the permitted uses in the Compact Rural Development; and, septic systems are not permitted in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size. However, in Towns, Villages, and those Compact Rural Developments greater than one hundred (100) acres in size, septic systems are allowed to serve no more than 100 acres, on an interim basis only, until central service is available. Policy 1.1.5: Continue enforcement of ordinances requiring connection of existing and new development to central sanitary sewer systems when they become available. Connections to a central system shall be made pursuant to Collier County Ordinance 88 -4. Policy 1.1.6: The County will give planning and budgetary priority to regional sanitary sewer system projects which will provide the means for phase out and connection of existing package sewage treatment plants and areas of high concentrations of septic tanks where such facilities may reasonably be expected to adversely affect public health and safety or the environment. Policy 1.1.7: Where Community Development Districts, or similar special districts are established to provide a tool for developers to finance infra - structure or other purposes, wholly or partially within the Collier 2 Words underlined are added; words st~uek thr_agi are deleted. County Water -Sewer District, sewer service will be connected to the regional system, and all facilities shall be conveyed, when acceptable, to the Collier County Water -Sewer District for operation and ownership in accordance with Collier County Ordinance 88 76, the Utilities Standard6 and PF9Ged61Fe6 GFd;naRGe, adopted September 27, 1988 or its latest Fevisien 01 -57, adopted October 23, 2001, and District construction and operating policies. OBJECTIVE 1.2: By the time mandated for the adoption of land development regulations pursuant to Chapter 163.3202„ F.S., including any amendments thereto, implement procedures to ensure that at the time a development order is issued, sanitary sewer facility capacity that meets or exceeds the minimum Level of Service Standards established herein is available or will be available to serve the development under the guidelines established for concurrency in the Capital Improvement Element of this Plan. Policy 1.2.1: The following Level of Service (LOS) standards are hereby adopted and shall be used as the basis for determining the availability of facility capacity and the demand generated by a development: FACILITY /SERVICE AREA LEVEL OF SERVICE STANDARD Collier County Facilities North Sewer Service Area 145 424 gpcd Ge r#r l vAW eF Se Wiee Aro 121 7 pGd South Sewer Service Area 100 424 gpcd Marco Island Sewer SeFVise -Area District 121 gpGd Unincorporated Service Area (Marco Shores) 100 gpcd City of Naples Facilities Unincorporated Service Area Everglades City Facilities Unincorporated Service Area 145 424 gpcd 100 424 gpcd Independent Districts /Private Sector Systems The standards hereby adopted are the following sewage flow design standards (Source: Chapter 10D -6, Florida Administrative Code) unless otherwise approved by the Board of County Commissioners to address economic, social and construction method variations between individual systems. TYPE OF ESTABLISHMENT Commercial Airports a. Per passenger b. add per employee GALLONS PER DAY (GPD) Words underlined are added; words struck thEe gb are deleted. 5 20 TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Barber and Beauty Shops (per chair) 100 Bowling Alleys (toilet wastes only per lane) 100 Country Club a. per resident member 100 b. per member present 25 c. per employee 20 Dentist Offices a. per wet chair 200 b. per non -wet chair 50 Doctors Offices (per doctor) 250 Factories, exclusive of industrial wastes (gallons per person per shift) a. no showers provided 20 b. showers provided 35 Food Service Operations a . ordinary restaurant (per seat) 50 b . 24 hour restaurant (per seat) 75 c . single service articles only (per person) 25 d . bar and cocktail lounge (per person) 30 e . drive -in restaurant (per car space) 50 f . carry out only 1. per 100 square feet of floor space 50 2. add per employee 20 Hotels and Motels a. Regular (per room) 100 b. Resort hotels, camps, cottages (per person) 75 c. add for establishments with self service laundry facilities (per machine) 400 Office Building (per worker) 20 Service Stations (per bay) 500 Shopping Centers without food or laundry (per square foot of floor space) 0.1 Stadiums, Race Tracks, Ball Parks (per seat) 5 Stores (without food service) a . private toilets, for employees only (per employee) 20 b. public toilets (per square foot of floor space) 0.1 Theaters a. Indoor, auditoriums (per seat) 5 b . Outdoor, drive -ins (per space) 10 4 words underlined are added; words struek are deleted. TYPE OF GALLONS PER ESTABLISHMENT DAY (GPD) Trailer /Mobile Home Park (per trailer space) 200 Travel Trailer /Recreational Vehicle Park a. Travel trailer (overnight), without water and sewer hook -up (per trailer space) 50 b. add for water and sewer hook -up (per trailer space) 100 Swimming and bathing facilities (per person) 10 Institutional Churches (per seat) 3 Hospitals (per bed) 200 Nursing, rest homes (per person) 100 Parks, public picnic a. with toilets only (per person) 5 b. with bathhouse, showers and toilets (per person) 10 Public institutions other than schools and hospitals (per person) 100 Schools (per student) a . day type 15 b . add for showers 5 c . add for cafeteria 5 d . add for day school workers 15 e . boarding type 75 Work/Construction camps semi - permanent (per worker) 50 Residential Residences a. Single family (per bedroom) 150 b. apartment (per bedroom) 150 c. Mobile home not in a trailer park (per bedroom) 150 d. Other (per occupant) 75 Footnotes: 1. For food service operations, kitchen wastewater flows shall normally be calculated as sixty - six percent (66 %) of the total establishment wastewater flow. 2. Systems serving high volume establishments, such as fast food restaurants and service stations located near interstate type highways, require special sizing considerations due to above average sewage volume expected from restroom facilities. Policy 1.2.2: In order to ensure these LOS standards are maintained, methodologies for determining available capacity and demand shall incorporate appropriate peak demand coefficients for each facility and for the type of development proposed. Policy 1.2.3: These LOS standards are the minimum criteria for replacement, expansion or increase in capacity of sanitary sewer treatment facilities. 5 words underlined are added; words strue'E through are deleted. Policy 1.2.4: 8A Annually review historical sanitary sewer demand records and adjust these LOS standards if so indicated by said annual review. Objective 1.3: The County will continue to ensure utilization of environmentally sound and economically beneficial methods for disposal of treated sludge and septage. Policy 1.3.1: Include sludge de- watering and stabilization facilities with all County wastewater treatment plants to produce sludge de- watered and stabilized to a degree suitable for use as cover material for County landfills or to be used for any suitable manner that is permitted by law. OBJECTIVE 1.4: The County will continue to promote the use of treated wastewater effluent for irrigation purposes in order to provide an environmentally sound disposal method and to conserve potable water and groundwater supplies by developing and implementing an integrated, comprehensive strategy for the following Policies. Policy 1.4.1: Negotiate agreements with area golf courses to accept and use treated wastewater effluent for irrigation when and where same is available from existing and future wastewater plants. Policy 1.4.2: Connect existing and future publicly owned lands suitable for irrigation with treated wastewater effluent, such as government building grounds, parks, and highway medians when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.3: Connect existing and future privately owned land suitable for irrigation with treated wastewater effluent, such as cemeteries, nurseries and commercial /industrial parks, when economically feasible and in accordance with the direction and policy of the Board of County Commissioners. Policy 1.4.4: At such time that effluent will be available, permit the construction and connection of dual water systems to the county's effluent system (i.e., separate potable water and treated wastewater effluent) in new subdivisions, provided that said connection causes no adverse impact to the potable water system. Policy 1.4.5: Where Community Development Districts, or other similar special districts are established to provide a tool for developers to finance infrastructure or other purposes, wholly or partially within the Collier County Water -Sewer District, and where such districts make provisions for irrigation via dual systems utilizing effluent and/or other irrigation sources, said systems shall be connected to the regional system when available, and all internal irrigation systems shall remain in private ownership and master metered by the County. Policy 1.4.6: The County will seek to expand the availability of irrigation water from supplemental water sources connected to the reclaimed water system. Words underlined are added; words sti- ek t reugh are deleted. CE OBJECTIVE 1.5: The County will discourage urban sprawl and the proliferation of private sector sanitary sewer service suppliers in an effort to maximize the use of existing public facilities through the development order approval process by implementing the following policies. Policy 1.5.1: Discourage urban sprawl by permitting universal availability of central sanitary sewer systems only: in the Designated Urban Area of the Future Land Use Element of this Plan, and in Towns, Villages, Hamlets, and Compact Rural Developments within the Rural Lands Stewardship Area Overlay. These areas are further identified as: within the Collier County Water -ate Sewer District Boundaries on Map -PVV 1 Figure SS -1 of the Sanitary Sewer Sub - element, except the outlying urban areas of Immokalee, Copeland, Chokoloskee, Plantation Island, and Port of the Islands; within the Rural Lands Stewardship Area Overlay, as each Town, Village, Hamlet and Compact Rural Development is designated; and, in areas where the County has legal commitments to provide facilities and service outside the Urban Area as of the date of adoption of this Plan. Policy 1.5.2: The County will discourage urban sprawl and the proliferation of private sector and /or package sanitary sewer treatment systems through the development order approval process to insure maximum utilization of the existing and planned public facilities. No existing private sector or package treatment system will be permitted to add customers unless all Levels of Service Standards are met, and operations are in conformance with all DER permits. Policy 1.5.3: As provided for in the Rural Lands Stewardship Area Overlay, and in Policy 1.1.2, central sewer facilities are permitted in Towns, Villages, Hamlets, and Compact Rural Developments. Though not anticipated, it is possible that central sanitary sewer collection lines may extend through lands not designated as a Town, Village, Hamlet or Compact Rural Development; no properties designated other than as a Town, Village, Hamlet or Compact Rural Development is permitted to connect to these collection lines. FIGURES and TABLES New Figure SS -1, Collier County Sewer District Boundaries New Figure SS -2, Existing and Future Sewer Service Areas New Figure SS -3, North Sewer Service Area New Figure SS -4, South Sewer Service Area New Table SS -14, Capital Improvement Projects FY 2003 -2007, Project Descriptions, Wastewater and Reclaimed Water Exhibit A, CPSP- 2002 -10, SSS -E per CCPC rec. G, Comp, Comp Plan amendments, 2002 cycle dw /2- 24- 03 /4- 10 -03(no changes) 7 Words underlined are added; words st Lauek thEeugh are deleted. EXHIBIT "A" CPSP- 2002 -10 If ,, 0110 PS 11- ., %ae��:� �oaaaoo PUMP Ji R 25 E QN COWER COUNTY OOVERNMEW OR MRl MAN AODIW RAN 2002 PUKIC VW= KLMW SMARY SOM 3WMLDfW I R EXHIBIT "A" E I ;iTA lei CPSP-2002-1.6' R 27 E I FIGURE SS-2 IM, O O 0 C14 U) f. OFT MEXICO GULF Z9 ■ ■ ■ ri qq rA 4 LLJ er OFT MEXICO GULF Z9 O N O O N i a U) a U I E MHM H x w �r cn c o a 1 1 t 1 ' I; 1s 1 a 1 1 1 i� 1�i c- ULF Of �g wk i •s N a N y N tl' M Ri s J Z ■ ■ Z t Z 0 Z t }g ■ N J ■ ■ 0 �b r TABLE SS -14 EXHIBIT "A ", page 1 CPSP- 2002 -10 CAPITAL IMPROVEMENT PROJECTS FY 2003 - 2007 PROJECT DESCRIPTIONS WASTEWATER AND RECLAIMED WATER Greeley and Hansen LLC October 2002 Fund/Type (A) Project No. Project Name Description WASTEWATER PROJECTS Existing Wastewater 413 (Growth Related) Projects 413/GD 73031 NCWRF 5 MGD Expansion Completion of expansion of the existing NCWRF form 8.5 to 13.5 MGD. Add 2 new clarifiers, one new aeration basin, one new effluent filter, a new chlorine contact bldg. & tank, a new blower bldg. Disinfection facility, sludge dewatering expansion, sludge thickener, odor control, RDP retirement & sludge pumping station. 413 /GD 73066 Wastewater Master Plan Updates Annual Update of wastewater master plan. 413 /GD 73074 Livingston Road FM PRR to VBR FM from Pine Ridge Road to Vanderbilt Road 413/GD 73076 North /South Sewer Interconnections West Interconnect between north and south sewer systems. 413 /GD 73077 NCWRF Flow Equalization Flow Equalization Tanks at NCWRF. 4131GD 73079 Master Pumping Station - Immokalee Road/ CR 951 New Master Pumping Station at Immokalee Road1951 413/GD 73085 VBR 16" FM - C.R. 951 to Logan Blvd. Study, design and construction of new 16" force main from C.R. 951 to Logan Blvd. 413/GD 73086 C.R. 951 16" FM - Immokalee Rd. to VBR Study, design and construction of new 16" force main from Immokalee Rd. to Vanderbilt Beach Road. 413/GD 73088 Land Acquistion for BiOSOlids Facility Prepare study of long -term biosotids alternatives, determine location for biosofids processing facility, purchase property, and implement plan. 413/GD 73131 Immokalee Road East 16" Force Main Study, Design and construction of a 16-inch force main from proposed master pumping station near Immokatee Road and CR951 to proposed Orange Tree WRF. This force main to be constructed with Immokalee Road widening scheduled to start in FY'03. 413/GD 73132 East Sewer Interconnect Study, design and construction of Santa Barbara Blvd. force main from Master Pump Station 313.00 to Vanderbilt Beach Rd. 413/GD 73150 East Sewer Interconnect Booster Station Design and construction of booster pumping station for Santa Barbara BlvdJLogna Blvd. force main. 413 /GD 73151 Master Pump Station - Vanderbilt Beach Rd. & Logan Blvd. Design and construction of new Master Pump Station for East Sewer Interconnect. "•13 /GD 73152 Master Pump Station- Vanderbilt Beach Rd. & Livingston Rd. New Master Pumping Station 3 /GD 73153 Master Pump Station - Immokalee Rd. East Area "B" MPS to Serve Northeast Service Area. 4131GD 73154 SCWRF Injection Wells Design and install second deep injection well at the SCWRF to provide additional capacity. 4131GD 73155 New NEWRF - Acquire Site Purchase 147 ac site at Orange Tree for site of WRF and WTP. 413 /GD 73156 New Northeast Water Reclamation Facility Study, design and construction of a new 2.0 mgd WRF by 2006, an expansion to 4.0 mgd by 2010, and an expansion to 6.0 mgd by 2018 (expandable to 12 mgd) on the Orange Tree property to replace the existing Orange Tree plant and serve potential new customers in Northeast Service Area. 413 /GD 73157 New SEWRF -Land Acquisition Study Study of possible sites for location of up to 10.5 mgd (mmdf) WRF in Southeast Service Area. 413/,GD 73158 U size Lakewood FM to 16" P Study, design and construction of a new 16 -inch force main from Master Pumping Station 3.05 to Master Pump Station 3.09 (upgrading existing 12" force main). 413/GD 73166 Pumping Station Upgrades Upgrades to existing lift stations and pumping stations as needed to keep pace with growth. 413/GD 73167 Growth Management Plan Update Update Sanitary Sewer Subelement to Growth Management Plan 413 /GD 73190 VBR 16" FM - Islandwalk Reimbursement 413/GD 73195 MPS 3.14 (Naples Heritage) New Master Pumping Station 413 /GD 73925 MPS 1.04 New Master Pumping Station Orange Blossom at Goodlette -Frank 413/GD 73945 Pumping Station Improvements Improvements to existing lift stations and pumping stations as needed to keep-pace with growth. Specific lift stations identified for upgrades based on system hydraulic model in current update to master plan. 413 /GD 73948 NCWRF Deep Injection Well Design and install two deep injection wells and new DIW pumping station. 413 1GD 73949 SCWRF Expansion 2001 Expansion of SCWRF to 16 mgd MMDF. 413/GD 73950 NCWRF 30.6 MMADF Expansion (Phase 1 = 24.1 mgdMMDF) Study, design and construction of a two- phased expansion of the plant. The initial phase will be a 5.0 -mgd AADF (6.5 -mgd MMDF) expansion of the WRF. The second phase will also be 5.0 mgd AADF (6.5 mgd MMDF). The first phase expansion will result in a capacity of 24.1 mgd MMDF and will be on-line by 2005. The second phase expansion will result in a capacity of 30.6 mgd MMDF and will be on -line by 2010. New Wastewater 413 Projects 413/GD WW7 Land Acquisition Study for East Central WRF Study of possible sites for location of up to 12.1 mgd (mmdf) WRF in East Central Service Area. 413/GD W W8 East Central WRF Land Acquisition Purchase 50 ac site at in East Central area for site of WRF. 413/GD WW 10 Southeast WRF Land Acquisition Purchase 50 ac site at in -East Central area for site of WRF. 31GD WW 12 East Central WRF Study, design and construction of a new 4.0 mgd WRF by 2006 and an expansion to 8.0 mgd by 2014 (expandable to 12 mgd) in Area C to serve potential new customers. 413/GD W W 13 Southeast WRF Study, design and construction of a new 3.0 mgd WRF by 2012 and an expansion to 5.0 mgd by 2019 (expandable to 10.5 mgd) in Area D to serve potential new customers. [Defer until after 2010.] 413/GD W W 15 Service to Golden Gate City If the County acquires the Golden Gate City utilllity, costs will be incurred to decommission the plant and direct flows to a Coun facility. Table 3&14_2002 Collier WW CIP Descriptions Page 7 W 3 2/7103 EXHIBIT "A", page 2 TABLE SS -14 IL B CPSP- 2002 -10 Fundrrype Project o. No. Project Name + Description (A)(A) W Replace Ex. 4" Force Main with 6" Study, design and construction of a new 6 -inch force main from Master Pumping Station 145.00 to Airport - Pulling Road (upgrading existing 4" force main). 413 /GD 2002 -1 Livingston Road FM Upsize- Regional Park to I. R. Study, design and construction of upsize of existing 12 -inch force main to 20 -inch force main from Regional Park to I.R. 413/GD 2002 -2 VBR FM -Logan Blvd. To Goodlette Study, design and construction of a new 16-and 241nch force main from Logan Blvd. To Goodlette -Frank Road. 413lGD 2002 -3 Goodlette Rd FM - VBR to NCWRF Study, design and construction of a new 30 -Inch force main from Vanderbilt Beach Road to NCWRF Existing Wastewater 414 (Renewal/Replacement Projects 414 /R,R &E 70027 Clean Water Act Risk Mgt Study Clean Water Act Risk Management Study for Wastewater. 414 /R,R &E 70078 Spi. Assessment Software Software 414 /R,R &E 73028 Goodlette Rd FM Relocation Goodlette -Frank Road Four Laning Improvements (Jct. Pine Ridge Road to Jct. Vanderbilt Beach Road) Relocate 12,500 LF of 16" FM and 4,400 LF of 24" FM as part of road widening project 60134 414 /R,R &E 73032 Sewer System Mapping Creating a set of system maps for the water and wastewater departments to be utilized for location of all facilities. The maps will be utilized in emergency situations and as a reference for local engineers requesting information on our wastewater system. Additionally, the maps will be utilized by the PWED Section in planning for future expansion of our system to keep up with anticipated growth. 414/R,R&EI 73045 FDOT Joint Pdts Contingency fund for the relocation of sewer mains from various FDOT projects. 414 /R,R &E 73054 Cnty Bam Sewer Line Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocate sewer mains for road widening project. Road project currently scheduled for FY 2006. 414/R,R &E 73060 Port Au Prince Sewer Replace sus - standard wastewater collection system serving 4 streets off of Port-au Prince Road pending identification of a funding source. 414lR,R &E 73065 CCDOT Utility Relocates Relocation of utilities as may be needed given accelerated County road construction schedules. 414 /R,R &E 73071 Energy Efficiency Enhancements Study and implement electrical upgrades to imrpove energy efficiency at the treatment plants and larger pumping stations. 414 /R,R &E 73072 Public Utilities Operations Center Relocate sewer collection crews and equipment depot to a larger facility to accommodate growth. Proceeds from the sale of the existing facility at 6027 Shirley Street will be realized and will help offset the cost to relocate to a larger facility. 414 /R,R &E 73078 Henderson Creek Sewer Improvements To provide sewer service connections to properties (M &E and B &I) South of Henderson Creek Rd. 414 /R,R &E 73082 Pump/Lift Stations Rehab Design and bid pumping station rehabilitation for wastewater collections department. 414 /R,R &E 73083 Sewer Line Rehab Design and bid branchless sewer rehabilitation for wastewater collections department. 'R,R &E 73127 Sludge Stabilization Management Sludge Management Improvements .4 /R,R &E 73160 Rookery Bay FM and PS Improvements Improvemnets to Rookery Bay wastewater transmission system. 414 /R,R &E 73161 Take Package Plants Off -Line (4) This project will allow the County to take over service to wastewater customers in the County now served by package treatment plants. 414/R,R&EI 73162 City Permanent Inter- connect Forcemain inter - connect with City of Naples 414 /R,R &E 73163 BSU Inter - connect Forcemain inter - connect with Bonita Springs Utilities 414 /R,R &E 73164 South County I &I Analysis Provide sewer system MI analysis and field investigation as recommended in the South Collier County Regional WRF Design Report (June 2001). Goal is to reduce wet weather flows to the SCWRF. 414 /R,R &E 73165 Asset Management Assistance Provide assistance in management of the County's utility assets. 414 /R,R &E 73168 Odor /Corrosion control Multi -year program to investigate and implement odor and corrosion control improvements throughout the wastewater collection system. 414 /R,R &E 73301 VBR - Airport Rd. to CR951 eff relocate Relocate existing force main for road construction. 414 /R,R &E 73302 CR951 - GGB to immok. Rd. relocate Relocate existing force main for road construction. 414 /R,R &E 73306 RattleSH Rd. - Polly to CR951 relocate Relocate existing force main for road construction. 414 /R,R &E 73916 South Cnty Reg W WTP Work includes replacemaent of Parkson screen, Flyght BFP Feed pumps, instrumentation for motor operated valves. 414 /R,R &E 73922 Telemetry rY Add telemetry to 530 of 650 remote lift stations and 13 master lift stations over five years starting FY02. 414 /R,R &E 73943 30" Immokalee Road FM Clean existing 30" FM and install permanent pigging station. 414 /R,R &E 73944 Billing System The purpose of this project is the updating of the billing system software currently utilized by the Dept. of Revenue for Water and WW accounts. The current software does not have report writing or generation capabilities. Additionallly, the software is outdated for the number of customers that Collier County has and will continue to gain. 414 /R,R &E 73949 SCWRF Expansion 2001 Expansion of SCWRF to 16 mgd.. 414/R,R&EI 73950 NCRWRF Expand to 30.6 mgd MMDF Expansion of NCWRF to 30.6 mgd MMDF ( Phase 1 = 24.1 mgd MMDF). 414 /R,R &E TBD 2003 FDOT Joint Projects Contingency fund for the relocation of sewer mains from various FDOT projects. 414 /R,R &E TBD Sewer Line Rehab Design and bid trenchless sewer rehabilitation for wastewater collections department. 414 /R,R &E TBD Pump/Lift Station Rehab Prepare manhole and lift station rehabilitation annual contract bid documents. 414 /R,R &E TBD Odor /Corrosion Control Multi -year program to investigate and implement odor and corrosion control improvements throughout the wastewater collection system. 414 /R,R &E TBD CCDOT Utility Relocates Relocation of utilities as may be needed given accelerated County road construction schedules. New Wastewater 414 Projects , /R,R &E WW14 Decommssioning of Pelican Bay WRF Study, design and decommissioning of Pelican Bay WRF. 414 /R,R &E 2002 -4 NCWRF Oxidation Ditch Improvements Study, Design and Construction of Improvements to NCWRF Oxidation Ditch Table SS74_2002 Collar WW CIP Deseriplfons Papa 2 or 3 2r?/03 EXHIBIT "A", page 3 TABLE56.14 CPSP- 2002 -10 8 A Fund/Type (A) Project No. Project Name 1 Description RECLAIMED WATER PROJECTS Existing Reclaimed Water 413 Projects 413 /GD 74020 Back Pressure Sustaining Valves press back demand sustaining valves at all reclaimed water meter assemblies to create pressure on demands stem. 413/GD 74021 Golden Gate Canal Supplemental Water System Study, design and construction of system to extract surface water for meeting peak irrigation demands. 413 1GD 74029 Effluent Management Master Plan Update Update effluent management portion of countywide wastewater master plan. 413/GD 74030 ASR Reclaimed Water Wells Design, permit and construct one ASR test well initially, then construct up to seven ASR wells for the purpose of injecting surplus reclaimed water during off peaks and retrieving same during peak demand times for sales to reuse customers. Also includes monitor wells piping pumps and telemetry. 413/GD 74034 Vanderbilt Bch Reclaim WM 20" Construct 20" reclaimed water main along Vanderbilt Beach Road from Airport Road to Village Walk Circle to Increase flows to the NIS interconnect, the injection wells and customers east of 1-75. 413/GD 74035 Radio Rd/Santa Barbara Blvd. 16" Reclamed WM Construct 16" reclaimed water main along Radio Road and Santa Barbara Blvd. From Foxfire to Countryside to Increase flows to NIS Interconnect. A possible alternate route is along the FPL easement between Davis Blvd. & Radio Rd. 413 /GD 74036 Radio Rd 20" Rcl WM Construct 20" reclaimed water main along Radio Road from Briarwood to Foxfire as part of NIS interconnect. 4131GD 74076 Reclaimed Water Booster Pump Station - North New Booster Pumping Station. 413 /GD 74077 NCWRF 24" Reclaimed Water Main -NCWRF to Vanderbilt Beach Rd. New Reclaimed Water Transmission Main. 4131GD 74078 NCWRF 24" Reclaimed Water Main-Along Livingston Rd, VBR New Reclaimed Water Transmission Main. 413/GD 74125 Supplemental Irrigation Water Study, design and construction of supplemental water facilities for reclaimed water system. 413/GD TBD 2002 Growth Management Plan Update Update growth management plan subelement every five.years. 413/GD 74037 Miscellaneous Effluent Improvements Miscellaneous Effluent Improvements New Reclaimed Water 413 Projects 413/GD RW 1 Reclaimed Water Booster PS -North SA Study, design, and construction of booster ps recommended in Water Resource Planning Report, August 2001. 413/GD RW2 Interconnect to South SA - 20" Reclaimed WM Study, design, and construction of reclaimed water line recommended in Water Resource Planning Report, August 2001. 13lGD RW3 Interconnect to North SA - 20" Reclaimed WM Study, design, and construction of reclaimed water line recommended in Water Resource Planning Report, August 2001. Existing Reclaimed Water 414 Projects 414/R,R&EI 74015 Misc. Effluent Improvements Allowance for annual improvements to the reclaimed water transmission system. 4141R,R &E 74019 Cnty Bam Rd Eff Line Relocate Rattlesnake Hammock Rd. to Davis Blvd., Relocate reclaimed water mains for raod widening project. Road project current) scheduled for FY06. 414 /R,R &E 74021 Golden Gate Canal Supplemental Water System Initiation of plan to obtain supplemental irrigation water from the canal. 414 /R,R &E 74023 Pelican Bay Irrg Fire Conversion of Pelican Bay Fire protection system from reclaimed water to potable water. 4141R,R &E 74028 Goodlette Rd Reclaim WM - Relocate Goodlette -Frank Road Four Laning Improvements (Jct. Pine Ridge Road to Jct. Vanderbilt Beach Road) Relocate 4,400 LF of 20" effluent main as part of road widening project 60134. 414 /R,R &E 74030 Reclaimed Water ASR Study, design and construction of new reclaimed water ASR wells. 414 /R,R &E 74031 Rehab SCWRF Reclaimed Wtr Stg Tank Repairs to reclaimed water storage tank includes repairs to wall cracks, construction joints and expansion joints. 414 /R,R &E 74033 Reclamed Water Telemetry Add telemetry to 31 reclaimed water user sites and 7 raw water well sites. There are 19 sites in North Service Area, 7 raw water wells, and 12 sites in the South Service area. 414/R,R &E 74039 Pelican Bay Wells Add two new wells with vault, electrical instrumentation and controls. 414 /R,R &E 74047 Reclaimed Water Automatic Read Meters Add automatic read meters to existing system to enhance operation. 414 /R,R &E 74075 Eagle Lakes Reclaimed Water Pump Station Upgrades to reclaimed Water PS 414/R,R &E 74125 Supplemental Irrigation Water Funds are to identify sources and implement a supplemental water supply to augment reclaimed water used for irrigation. Includes Immokalee Rd Wellfield and Reclaimed Water Line. 414 /R,R &E 74300 Immok. Rd. - US41 to 175 eff relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74301 VBR - Airport Rd. to CR951 eff relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74302 CR951 - GGB to immok. Rd. relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74303 GGP - Airport to SBB eff relocate Reclaimed water pipeline relocation for new road construction. 414 /R,R &E 74307 Misc. Effluent Improvements Misc. Effluent Improvements 414 /R,R &E 74308 Pelican Bay Reclaimed Water PS Cranes Add Cranes at Pelican Bay Reclaimed-PS Table SS.14 2002 Calrer W W CIP Dasc Ott s Pape 3 of 3 2/7103 Exhibit A CAPITAL IMPROVEMENT ELEMENT CPSP- 2002 -11 #1. POLICY 1.1.2 [page 3] Policy 1.1.2: The quantity of public facilities that is needed to eliminate existing deficiencies and to meet the needs of future growth shall be determined for each public facility by the following calculation: Q= (SxD) -I Where Q is the quantity of public facility needed, S is the standard for level of service, D is the demand, such as the population, and I is the inventory of existing facilities. A. The calculation will be used for existing demand in order to determine existing deficiencies. The calculation will be used for projected demand in order to determine needs of future growth. The estimates of projected demand will account for demand that is likely to occur from previously issued development orders as well as future growth. B. The County Commission will review all rezone requests and proposed amendments to the Future Land Use Element (FLUE) affecting the overall County -Wide density or intensity of permissible development with consideration of their impact on both the variable "D" in the formula Q = (S x D) - I, and the overall roadway system. The County Commission shall not approve any such rezone request or FLUE amendment that significantly impacts either: (1) a deficient roadway segment or; (2) the BEBR high range growth rate population projections through the five years of the annually updated Capital Improvement Plan, on a continuously rolling basis, and then 95% of the BEBR medium hiah range growth rate thereafter, for the variable "D ", unless one of the following simultaneously occurs: 1. Specific mitigating stipulations are approved in conjunction with the rezone to restore or maintain the Level of Service on the impacted roadway segment; 2. The adopted population standard used for calculation of "Q" in the formula Q = (S x D) - I is amended based on appropriate data and analysis; 3. The Schedule of Capital Improvements is updated to include any necessary projects that would support the additional public facility demand(s) created by the rezone or amendment to the Future Land Use Element. 1 Words underlined are added; • erds stri• through are deleted. C. Significant impact is hereby defined for Section B of this Policy as generating potential for increased County -Wide population greater than 3% of the BEBR high range population projections for Parks, Solid Waste, Water, Sewer and Drainage facilities, or as generating a volume of traffic equal to or greater than 3 %of the adopted LOS standard service volume of an impacted roadway. D. There are three circumstances in which the standards for levels of service are not the exclusive determinant of need for a public facility: 1. Calculated needs for public facilities in coastal high hazard areas are subject to all limits and conditions in the Conservation and Coastal Management and Future Land Use Elements of this Growth Management Plan. 2. Replacement of obsolete or worn out facilities, and repair, remodeling and renovation, will be determined by the Board of County Commissioners upon the recommendation of the County Manager. 3. Public facilities that provide levels of service in excess of the standards adopted in this Growth Management Plan may be constructed or acquired at any time as long as the following conditions are met: a. the facility does not make financially unfeasible any public facility of the same type that is needed to achieve or maintain the standards for levels of service adopted in this Growth Management Plan, and b. the facility does not contradict, limit or substantially change the goals, objectives and policies of any element of this Growth Management Plan. Any public facility that is determined to be needed as a result of any of the factors listed in Section B and D of this Policy shall be included in the regular Schedule of Capital Improvements contained in this Capital Improvement Element. All capital improvement projects for such public facilities shall be approved in the same manner as the projects that are identified according to the quantitative analysis described in Section A of this policy. #2. POLICY 1.1.5 [page 6] Policy 1.1.5. The standards for levels of service of public facilities shall be as follows: Category A Public Facilities A4 County Potable Water Systems: A4.1 County systems County Water District - 185 gallons per capita per day Goodland Water District - 4-63 185 gallons per capita per day A4.2 City of Naples = 463 185 gallons per capita per day in the unincorporated service area City of Everglades - 443 185 gallons per capita per day in the unincorporated service area A4.3 Private potable water systems: Sewage flow design standards as identified in Policy 1.3.1 of the Potable Water Subelement of this Growth Management Plan. 2 Words underlined are added; woes stru through are deleted. A5 County Sanitary Sewer Systems: A5.1 County systems: North Sewer Service Area = 145 gallons per capita per day South Sewer Service Area = 100 gallons per capita per day A5.2 City of Naples = 4,24 145 gallons per capita per day in the unincorporated service area A5.3 Private sanitary sewer systems: Sewage flow design standards as identified in Policy 1.2.1 of the Sanitary Sewer Subelement of this Growth Management Plan. Exhibit A, CPSP- 02 -11, CIE per CCPC rec. G, Comprehensive, Comp Plan Amendments, 2002 cycle dw/3- 24.03/4- 10.03(no changes) 3 Words underlined are added; •errs stru through are deleted. 02/14/2003 10 :03 7744010 COUNTY MGR OFFR_ OF PAGE 02 80 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 0 Normal legal Advertisement (Display Adv., Location, etc.) ❑ Other. • a•...•.•.•. a..r.• r. a•. a•. a.•.aa.rw..•.. arr... r. r.• r.►••. r.. a.•.... ra rr.ri•..•.. rrpr•. r..• r• is►• Nl NaaHr ••ar ........ 0.••.......ai.wrr Originating Dept/Div: Transportation Ops/Transportation Services Person: Marquits Icing Bate: 2/6 /A Petition No. (If none, give brief description): NIA Petitioner (Name & Address)- N/A Name & Address of any persons) to be notified by Clerk's Office (If more space is needed, attach separate sheet): -N /A Hearing before; ® BCC ❑ 13ZA ❑ Other Requested Hearing Data (Based ou advertisernent appearing 1.0 days befese haariag): 311 V03 Newspaper(s) to be used (Complete only if important): ® Naples Daily News ❑ Other Z Legally Required ProposcdText: (include legal description & common Iodation & Size: An ordinance amending Ordinance No. 44-76, relating to mandatory street numbering of all structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact, providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction of building repairs; providing for an amended procedure for establishing a. uniform grid numbering pattern for assignment of addresses or change of address; providing for an amended procedure for changing ton- conforming addresses; providing for duly advertised public hearings to rename a street; providing For monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amended procedures for street renaming; providing for street signs on private streets; providing an appeal procedure; providing for abrogation and greater restrictions; providing a warning and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance No. 97 -9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Companion petition(s), if any & proposed hearing date: N/A ;:tej include adve . ing cost? [2 Yes N No If Yes, what account should be charged for advertising costs: 101- 1 d� D 13 )03 Departmcn i r or Designee Dat ivision Adtztitiiswlaor r Designee Date List Attachmen Amending Ordinance DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or R7A: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same-, is aobmMcd to-CoanEy Attorney before subtrnifil tz to County Manager The M ringger`s office wilt distribat� copies: ID County Manager agenda file: to Clerk's Office CK Requesting Division [3 Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for ftle. ♦ irwriirrrw.••► wa• s?• r• �} i• i! lwiriilriifiitin ••••aatiirralilawi. awl. ilwariir• saiialiiii#### i# i# iiiiiiiiirw .rasa!lai..i.lw..rriwrrar.w•••• FOR CLERK'S OFFICE U mr-5 Datc Received: Date of Public hearing:. ✓/ Date AdvertiserL 3 P12/14/2003 10:03 7744010 rnHNTY MGR nFER_ OE COLLIER COUNTY OFFICE OF THE COUNTY MANAGER 3301 EAST TAMIAMI TRAIL. NAPLES FL 34112 Phone 238- 774 -8383 Fax 235- 774 -4010 To: ! 1 Fax Number: 1 From: County Managers of ice Date: Total, Pages: PAGE 01 80 (J Urgent ( I For Review (J Please Comment [ J Please Reply &(;�J s - %A,,. AMENDED ORDINANCE NO. 99 - 76 AN ORDINANCE AMENDING ORDINANCE NO. 99 —76, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME , A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING AMENDED PROCEDURES FOR STREET NAMING; PROVIDING AMENDED PROCEDURES FOR STREET RENAMING; PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97 -9; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Collier County, Florida have experienced delays in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9 -1 -1 System and incorrect addresses delays response time for emergency vehicles; and WHEREAS, the lack of properly numbered structures has often resulted in the misrouting of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures has resulted in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the COUNTY; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WHEREAS, Sections 3.2.7.1.2 and 3.2.8.3.19 of Collier County Land Development Code require that no street, subdivision or identifying title shall duplicate or closely approximate the name of any other street or subdivision in the incorporated or unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. Words underlined are added; words stt%ek thfough are deleted 1 ROM NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: STATUTORY AUTHORIZATION The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the County. SECTION FOUR: DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 1. Accessory Structure: An accessory structure is a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. 2. Administrative Official: The Plapining Community Development and Environmental Services Dir-eete Administrator or his Designee of Developffient 8@M is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. 3. Auxiliary Official Address Number: An official address number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment within an apartment building, or any other structure which has been determined by the Administrative Official to require an auxiliary official address. 4. Development: The act, process or result of placing buildings /and or structures on a lot or parcel of land. 5. Emergency Service: sly Means, but is not to be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Words underlined are added; words stfusl4ffeiagh are deleted 2 • 6. Grid: a A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. 7. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or D. A parcel of land described by metes and bounds. 8. Master Planned Community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include common recreation amenities, common open space and a master property owners association. 9. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding thirty (30) days. 10. Official Address Number: The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. 11. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. 12. Principal Structure: The structure which serves as the principal use permitted in the zoning district within which it is located. 13. Private Street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting properties, used exclusively for the residents therein. 14. Public Street: Right -of -way either paved or unpaved, which is intended for vehicular traffic. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER A. The Owner or Occupant of a Lot upon which a structure is located shall post an Official Address Number on the Principal or Accessory Structure located on said Lot, in accordance with the requirements of this Ordinance or within ninety (90) days of the notification of the address change as provided in Section Eleven. B. In addition to posting the Official Address Number on the Principal or Accessory Structure, it shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. Words underlined are added; words stpasl' dffeugh are deleted 3 -INj SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER A. Vacant unimproved Lots upon which no structures are located. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the Owner and a determination by the Administrative Official that one of the following may apply: 1. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi - residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S) A. Official Address Number(s): off Oane and two- family structures shall be have official address numbers in Arabic in design and have a minimum height of four (4) inches. 1. All other new structures shall have numbers of Arabic design and a minimum height of six (6) inches. Existing buildings, other than one and two - family structures, shall have address numbers that comply with the six (6) inch minimum height and all other specifications of this section within one calendar year of the effective date of this ordinance. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entryway or main path of travel which leads to the main entrance from a Public or Private Street or shall be otherwise separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the Lot. 2. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the center line of the abutting street. The numbers shall be placed so that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 3. Wherever practicable and in accordance with these specifications, the Official Address Number shall be placed as close to a light source as possible in order to Words underlined are added; words stfusk gffeegk are deleted 4 � 4 make it more visible at night. If not near a light source, the number shall be made of reflective material. B. In the case of an apartment building which contains a series ofindividual apartment units within a principal apartment building, the following shall apply: 1. The principal apartment building shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by -line indicating the Official Address Number range of the apartment unit(s) within the apartment building. These numbers shall be of the same size as the principal address number and shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT A C. In the case of a mobile home park or recreational vehicle park, the park and the Lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the mobile home or recreational vehicle park, each lot located within the park shall be given an Auxiliary Official Address Number which shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT B D. In instances where a main entryway of a structure(s) is not clearly visible from a Public or Private Street, the Owner shall be required, in addition to the requirements of Section five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within ten (10) feet of the point of intersection of the driveway serving the structure(s) and the right -of -way of the Public Street or the easement line of a private street as the case may apply. SEE EXHIBIT C E. Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mail, the Owner shall be required to post the Official Address Number on both sides of the mailbox in addition to placing the Official Address Number on the Principal or Accessory Structure as required in this Ordinance. F. In the case of a waterfront lot, the Owner shall be required to post the Official Address Number on the seawall, the end of the pier or dock, or on the Owner's boathouse according to the following specifications: 1. Official Address Number(s) shall be Arabic in design and have minimum height of six (6) inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. Words underlined are added; words stigiek thfough are deleted 5 2. Official Address Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from within 100 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. G. I the - ease -efa eCommercial structures, or Mmultifamily Sstructure_ 1. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units /suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the centerline of the abutting roadway or alleyway. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. C. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER Any Owner requiring a new Official Address Number shall apply to the Administrative Official who shall furnish him or her with same. To be assigned the proper street number and name, the Owner must provide a legal description of the subject property to the Administrative Official. Words underlined are added; words stpaslthfeugh are deleted 6 SECTION NINE: GOA4P -T I A GERELATING TO REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS All new construction or building repairs requiring a County building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the Inspections Section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Addressing Section of Collier County's Building Review and Permitting Department that the building has been properly numbered in accordance with this Ordinance. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City of Naples Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall be Central Avenue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North — to the Collier County line; South — to the Gulf of Mexico excluding Marco Island; and East — to I -75 and G.�95I- Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east /west. The point of origin for this Grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines hall continue: North — to the Collier County line and S.R. 858; South — to the Gulf of Mexico; East — to the Collier County line; and West — to I -75 and C.R. /S.R. 951/ Collier Boulevard. 3. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west with the point of origin beginning at S.R. 92 and the Gulf of Mexico. This Grid shall encompass all of Marco Island. 4. Area of Immokalee Grid: A pattern of intersecting lines running north/south and east /west with the point of origin starting at Maine Avenue (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North — to the Collier County line; South — to S.R. 858 and S.R. 846; West — to the Collier County line, east line of Range 27 and Oil Well Grade Road; and East — to the Collier County line. Words underlined are added; words stmsk gffeogh are deleted 7 B. Odd numbers will be assigned to the buildings on the north and west sides of the Public or Private Streets, even numbers will be assigned to the buildings on the south and east side of the Public or Private Street. C. The assignment of numbers on corner lots shall be determined from the Public or Private Street on which access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the Public or Private Street runs both north/south and east /west, the grid direction shall be determined by the predominant proportional length of the Public or Private Street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an Auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. SECTION ELEVEN: PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "Change of Address Notice" to the Owner of the building. A building number shall be considered non - conforming if it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an off or even number is on the wrong side of the Street. A "Change of Address Notice" shall contain the following: A. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. B. The name of the property Owner and legal description. C. The date of the Notice. A copy of the "Change of Address Notice" shall be kept on file in the Records /Addressing Section of the Collier County Building Review and Permitting Department and all the appropriate agencies shall be notified of the change. Within ninety (90) days from the date of the "Notice of Change of Address ", the Owner or Occupant of the property shall conform the address number to the requirements of this Ordinance. SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners is authorized to rename streets and roadways in the unincorporated areas of the County after a duly advertised public hearing and only upon a super majority vote of at least four affirmative votes. Words underlined are added, words stFaek thfeugh are deleted 8 f However, State roads lying in the unincorporated areas of Collier County are numbered by the Florida Department of Transportation (FDOT). SECTION THIRTEEN: MONITORING OF THE NAMING OF,STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS No street, development, building, or subdivision shall bear the same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County, except in the following special conditions: A. The major street within a master planned community; subdivision or development may utilize the same name as the development. B. Registered franchise names. C. Identical building names and businesses owned by the same owner /entity and offering the identical service in different county locations. D. "Similar sounding" shall be determined using the following parameters: 1. Roadways with the same name and having only different prefixes /suffixes shall be allowed only in the same "master planned community" and such roads must be adjoining as well as continuous without breaks by canals or other geographic interruptions. Within these communities there shall be no more than three (3) uses of the same name with different suffixes, e.g., Marsh Drive, Marsh Way, Marsh Lane. 2. Only five (5) variations shall be permitted countywide for names beginning with the same word, e.g., Streets: Coconut Palm Drive, Coconut Cove Drive, Coconut Wind Drive, Coconut Sway Drive, Coconut Frond Drive; Projects and signs within Projects: Marsh Estates, Marsh Village, Marsh Pond Community, Marsh Walk, Marsh Strand. The use of the word "Naples" shall be the only exception to this condition. 3. Extreme caution must be taken to prohibit any possible similarity of building or project names along the same roadway. (Example: The Crossings and Crossroads on John Doe Boulevard) The Administrative Official shall monitor the naming of all streets, developments, buildings or subdivisions in order to eliminate duplications and avoid confusion. SECTION FOURTEEN: PROCEDURES FOR PROJECT AND STREET NAMING At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) PlamlingSe�R,ises- Operations Department. The Addressing Section for the Collier County 121aan Rg Semie°s CDES Operations Department shall review the name to avoid duplication and similarity of street names as regulated in Section Thirteen above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. Words underlined are added; words stmsk thFough are deleted 9 SECTION FIFTEEN: PROCEDURES FOR STREET RENAMING A. Requests to rename a street, both private and public, are made by submitting an application to the Administrative Official Rla he Qwfief B. A street can be renamed by an} one of the following three methods: 1. Renaming Streets by Petition: a. Applicant must first verify with the Addressing /Resets Section of the Collier County Building Review and Peffnitting CDES Operations Department that the proposed street name is not a duplication. b. A petition signed e€ by PROPOSED: sixty percent plus one of all of the property owners abutting the street to be renamed may be submitted to Pjann ng SeFviees the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. PROPOSED: In the event that more than one property is owned by the same entity, each such property shall represent a separate signature to be counted against the required percentage. The application shall include: (1) the petitioner's name, address and telephone numbed (2) a legal description or location of the street; (3) the present street namel and (4) the reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 99 -328 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner itifieatien of the proposed street name change. 2. Renaming_ of Streets Where Duplicate Names Exist or One will be created because of changes to the Transportation System: a. The Administfative OffieW Transportation Administrator or his designee &ball may submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected e-thereb . 3. Street Renaming by Board of County Commissioners: a. The Board of County Commissioners may request a change of street name at any time after notice by publication and a public hearing. C. The Administrative Official shall determine whether the proposed name is a duplicate of any existing street name. Upon submittal of a up blic petition, application or request for street renaming, the Administrative Official shall determines if the proposed name is in conflict with any existing street name and verifgea the ownership of the property owner(s) requesting the street name. In determining if the proposed name is in conflict with existing street names, and if the request involves a Transportation Project, the Administrative Official shall confer with the Transportation Administrator to reviews the name change for duplication, assimilation, confusion and - i€pefti or peAiefls of stf eet name has been used repetitivelyrepetition. Words underlined are added; words mil} are deleted 10 D. Upon reasonable review of the petition, application or request for the renaming of a street by the Administfative Offleial, the Planning Sefyiees County staff will schedule a public hearing before the Board of County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. E. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. F. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. SECTION SIXTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the meted —States PepaftmeiA ef 'f -aaspe ieff and —EedefflM4 Hi Aehffiinistretien 44„aaa e Unif ..,Y, cArtreei neueor » Collier County Land Development Code. SECTION SEVENTEEN: APPEAL PROCEDURE A. The Collier County Board of County Commissioners shall hear and decide appeals from the requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enforcement of administration of this Ordinance. Such appeal shall be filed with the Collier County Board of County Commissioners within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee in accordance with Fee Resolution No. 99 -328 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Board of County Commissioners Code Gemplianee Eft&FeeffI0134 BOO may appeal such decision to the Circuit Court, as provided by law. SECTION EIGHTEEN: ABROGATION AND GREATER RESTRICTIONS A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing Words underlined are added; words s#parak tlffau& are deleted 11 L0 ON body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION NINETEEN: WARNING AND DISCLAIMER OF LIABILITY The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION TWENTY: ENFORCEMENT AND PENALTIES A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY -ONE: REPEAL Collier County Ordinance No. 97 -9 is hereby repealed in its entirety. SECTION TWENTY -TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY - THREE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY -FOUR: EFFECTIVE DATE This Ordinance shall be 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 , 20 ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: V6,4 J, Jdgl�, t a qu ine Hubb d Robinson sis ant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA LO-A TOM HENNING, Chairman Words underlined are added; words stele are deleted 12 b llqbm - LKII lim A &A 2222 101 m 121 2222 LOT 33 1 0 a vi 0 1000 - 3000 6bilding Address fbnge 3' MAX 12" MAXI 10 0 0 - 3 0 0 0:1--6" LE EF S MIN. Gf-OL D SGN MAX I -EGHT& ABOVE GPADE Q�t V ATE .. : :- -.. ffiAl ON .: -. -•. . WR PUBLIC STREET February 18, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 99 -76 (MANDATORY STREET NUMBERING) Dear Georgia: Please advertise the above referenced notice on Friday, February 28, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 101 - 163610- 649100 • 9 C NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, March 11, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida, the Board of County Commissioners will consider the enactment of a County Ordinance. The meeting will commence at 9:00 A.M. The title of the proposed Ordinance is as follows: AN ORDINANCE AMENDING ORDINANCE NO. 99 -76, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING? PROVIDING FOR STATUTORY AUTHORIZATION? PROVIDING FOR FINDINGS OF FACT? PROVIDING A STATEMENT OF INTENT AND PURPOSE? PROVIDING FOR DEFINITIONS? PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER? PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER? PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER? PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS? PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS? PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES? PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET? PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS? PROVIDING AMENDED PROCEDURES FOR STREET NAMING? PROVIDING AMENDED PROCEDURES FOR STREET RENAMING? PROVIDING FOR STREET SIGNS ON PRIVATE STREETS? PROVIDING AN APPEAL PROCEDURE? PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS? PROVIDING A WARNING AND DISCLAIMER OF LIABILITY? PROVIDING FOR ENFORCEMENT AND PENALTIES? PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97 -9? PROVIDING FOR CONFLICT AND SEVERABILITY? PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES? AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) Teri Michaels To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 thanks! ORD.AMEND.ORD. ORD.AMEND.ORD. 99- 76.doc 99- 76.doc Teri Michaels From: postmaster @clerk.colIier.fl.us Sent: Tuesday, February 18, 2003 10:14 AM To: Teri Michaels Subject: Delivery Status Notification (Relay) i� o ATT234549.txt ATTN:GEORGIA RE: DRD.AMEND.ORD ... This is an automatically generated Delivery Status Notification. s� Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not be generated by the destination. Iegals@naplesnews.com i 8 R Teri Michaels From: System Administrator [postmaster @naplesnews.com] Sent: Tuesday, February 18, 2003 10:05 AM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 LI ATTN:GEORGIA RE: :)RD.AMEND.ORD... «ATTN:GEORGIA PE:ORD.AMEND.ORD.99 -76» Your message To: Iegals@naplesnews.com Subject: ATTN:GEORGIA RE: ORD. AMEN D.ORD.99 -76 Sent: Tue, 18 Feb 2003 10 :13 :40 -0500 was delivered to the following recipient(s): legals on Tue, 18 Feb 2003 10:05:25 -0500 N 00 N O 0 w A A O v D m z 0 O ifl v io co 1p rn O 0 v v A A O v D m z v 0 1p v CL O n v v --F S Q �D -s n� 3 co a IS 0 CD _ c 0 c 3 C O ° n A— S=." O m m c CD Cc v M.a v y�y �n°i 33 Z 0* n n v cD m CD v G) m -n a N m CD CD m O y A Ocu°- rn X ° 0) C ^ GG) m 0 _ D h -,:� �+. D oo (1) X 00° m No N � O O fn O - ca O v w3 0 3 3 0 D� b 3r) O 70 v T v i0 o 1p c Ln u �D -s n� 3 co a Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 101163610649 58613818 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County Florida for a period of 1 year DOTE: All P no to ape or with He next preceding the first publication of the on any Item• ino wli - tion of an Individual to attached copy of advertisement; and affiant speak on behalf of on or- further says that she has neither paid nor ganization or group Is promised any person, firm or corporation any encouraged. it recog- nized by the Chairman, discount, rebate, commission or refund for the a spokesperson for o ur se of securing his advertisement for ov or organization may be allotted 10 mim purpose in the s m said newspaper. utes to speak on an Item. PUBLISHED ON: 02/28 Persons wishing to have AD SPACE: 185.000 INCH FILED ON: 02/28/03 Signature of Affiant _ Sworn to and Subscribed Personally known by me me written or graphic ma- terials Included In the Board agenda packets must submit sold materi- wleeks priormto the fre- In any caseblwrittenrma- ---------------_ terials Intended to be - - - - - +— considered by the Board shall be submitted to the appropriate County staff a minimum of seven ,,�* hearing. AllmMaterrial day of 2`� used in presentations be- fore the Board will be- �� e� of the record. m ope permanent part Any Person who decides $0�r 0-uN, Donna Chesney to a peal a decision of the Board will need a re• • My Commission OD056336 cord of the proceedings �o+ pertaining thereto and ?oe mod" Expires September 11, 2005 therefore, moY need to. ensure that a verbatim record Is modes which re- monYn cl ndeSevhidensce upon which the aPPeai Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK CLERK BDYs i Michap11 Clerk Copies of the P C Ordinance are °. w.tth the Clerk Board and are I *Nwa olh"fm and be h G i. q 8B NOTICE OF INTENT TO CONSIDER ORDINANCE Notice Is hereby Olven that on Tuesday, March 11, 2003 In the Board - room, 3rd Floor, Adminis- tration Building, Collier County Government) Center, 3301 East Tamia- ml Trail Naples, Florl- do, the hoard of County Comm ;stonerswill co a sider a enactment ofn- T he County Ordinonce. T meeting will commence at 9:00 A.M. The title of the pr ed Ordinance Is as ows: ,AN ORDINANCE 'AMENDING •ORD1- NANCE NO. 99.76, RE. . IATING TO MANDACO- Copies of the P C Ordinance are °. w.tth the Clerk Board and are I *Nwa olh"fm and be h G i. q COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 88 To: Clerk to the Board: Please place the following as a: ® Normal legal Advertisement (Display Adv., Location, etc.) ❑ Other: ##### MM#*#**##***####### f##*#* f##### f########### f**###*##*#*###**## M##** M#######**# M*############ M* 44#**# # # # #M # # # #MM # # # # *M # # # # #M # # # # # #Mf Originating Dept/Div: CDES Operations /CDES Person: Bleu Wallace Date: 3/20/03 Petition No. (If none, give brief description): NIA NOTE TO CLERK: Continued from 3/11/03 to 4/8/03; requires readvertisement due to further amended language per Asst County Attorney Robinson. Pis Readvertise for April 8, 2003. Petitioner (Name & Address): N/A Name & Address of any person(s) to be notified by Clerk's Office (If more space is needed, attach separate sheet): NIA Hearing before: ® BCC ❑ BZA ❑ Other Requested Hearing Date (Based on advertisement appearing 10 days before hearing): 4/8/03 Newspaper(s) to be used (Complete only if important): ® Naples Daily News ❑ Other ® Legally Required Proposed Text: (Include legal description & common location & Size: An ordinance amending Ordinance No. 99 -76, relating to mandatory street numbering of all structures and the establishing of a grid pattern for street numbering; providing for statutory authorization; providing for findings of fact; providing a statement of intent and purpose; providing for definitions; providing for requirements for posting of official address number; providing for specifications for posting official address number; providing for application for new official address number; providing for compliance relating to new construction of building repairs; providing for an amended procedure for establishing a uniform grid numbering pattern for assignment of addresses or change of address; providing for an amended procedure for changing non - conforming addresses; providing for duly advertised public hearings to rename a street; providing for monitoring of the naming of streets, developments, buildings or subdivisions; providing amended procedures for street naming; providing amended procedures for street renaming; providing for public notification; providing for street signs on private streets; providing an appeal procedure; providing for abrogation and greater restrictions; providing a warning and disclaimer of liability; providing for enforcement and penalties; providing for repeal of Collier County Ordinance No. 97 -9; providing for conflict and severability; providing for inclusion in Code of Laws and Ordinances; and providing an effective date. Companion petition(s), if any & proposed hearing date: N/A Does Petition Fee in ude advertising cost? 138931 —iqq( Reviewed by: ❑ Yes ® No If Yes, what account should be charged for advertising costs: 113- in -. ) Y57 3-2-4-V-3 Department Director or Designee Date List Attachments: Amending Ordinance ivi ion Administrator or Designee Date DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one coy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ® County Manager agenda file: to Clerk's Office ® Requesting Division ® Original B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. #****** f# M*** 4**#### M## f# f###### f# M****#***## M#########*###** fM##**####### Mf##****#*#*###** M* M### MfM#*#* f * * * * * * * * # ** * + * * * *M * * * * * * * * * * * ** FOR CLERK'S OFFICE USE ONLY: Date Received: .3. --I.) - O 3 Date of Public hearing: Date Advertised: c� 03 0r AMENDED ORDINANCE NO. 99 - 76 AN ORDINANCE AMENDING ORDINANCE NO. 99 —76, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING AMENDED PROCEDURES FOR STREET NAMING; PROVIDING AMENDED PROCEDURES FOR STREET RENAMING; PROVIDING FOR PUBLIC NOTIFICATION; PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97 -9; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Collier County, Florida have experienced delays in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9 -1 -1 System and incorrect addresses delays response time for emergency vehicles; and WHEREAS, the lack of properly numbered structures has often resulted in the misrouting of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures has resulted in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the COUNTY; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WHEREAS, Sections 3.2.7.1.2 and 3.2.8.3.19 of Collier County Land Development Code require that no street, subdivision or identifying title shall duplicate or closely approximate the name of any other street or subdivision in the incorporated or unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. Words underlined are added; words stfesk threugh are deleted NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: STATUTORY AUTHORIZATION The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the County. SECTION FOUR: DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 1. Accessory Structure: An accessory structure is a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. 2. Administrative Official: The Planning Community Development and Environmental Services Direete Administrator or his Designee is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. 3. Auxiliary Official Address Number: An official address number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment within an apartment building, or any other structure which has been determined by the Administrative Official to require an auxiliary official address. 4. Development: The act, process or result of placing buildings /and or structures on a lot or parcel of land. 5. Emergency Service: sl}afl Means, but is not to be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Words underlined are added; words stmek through are deleted 2 6. Grid: Establishing a A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. 7. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of: A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or D. A parcel of land described by metes and bounds. 8. Master Planned Community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include common recreation amenities, common open space and a master property owners association. 9. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding thirty (30) days. 10. Official Address Number: The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. 11. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. 12. Principal Structure: The structure which serves as the principal use permitted in the zoning district within which it is located. 13. Private Street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting properties, used exclusively for the residents therein. 14. Public Street: Right -of -way either paved or unpaved, which is intended for vehicular traffic. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER A. The Owner or Occupant of a Lot upon which a structure is located shall post an Official Address Number on the Principal or Accessory Structure located on said Lot, in accordance with the requirements of this Ordinance or within ninety (90) days of the notification of the address change as provided in Section Eleven. B. In addition to posting the Official Address Number on the Principal or Accessory Structure, it shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. Words underlined are added; words 66-Wk thFE)ugh are deleted 3 i �' C. Official Address Numbers and/or the range of Official Address Numbers shall be posted within the upper third or in the area defined in Section 2.5 of the Land Development Code of Commercial and residential si nnaage that utilizes the following sign types, pole sign, ground sign and directory sib SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER A. Vacant unimproved Lots upon which no structures are located. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the Owner and a determination by the Administrative Official that one of the following may apply: 1. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi - residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S) A. Official Address Number(s): ee Oene and two - family structures shall be have official address numbers in Arabic in design and have a minimum height of four (4) inches. 1. All other new structures shall have numbers of Arabic design and a minimum height of six (6) inches. Existing buildings, other than one and two - family structures, shall have address numbers that comply with the six (6) inch minimum height and all other specifications of this section within one calendar year of the effective date of this ordinance. Address Numbers on signs shall be a minimum height of eight (8) inches. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entryway or main path of travel which leads to the main entrance from a Public or Private Street or shall be otherwise separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the Lot. 2. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the center line of the abutting street. The numbers shall be placed so that trees, Words underlined are added; words stmek thr -ough are deleted 4 shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 3. Wherever practicable and in accordance with these specifications, the Official Address Number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. B. In the case of an apartment building which contains a series of individual apartment units within a principal apartment building, the following shall apply: 1. The principal apartment building shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by -line indicating the Official Address Number range of the apartment unit(s) within the apartment building. These numbers shall be of the same size as the principal address number and shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT A C. In the case of a mobile home park or recreational vehicle park, the park and the Lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the mobile home or recreational vehicle park, each lot located within the park shall be given an Auxiliary Official Address Number which shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT B D. In instances where a main entryway of a structure(s) is not clearly visible from a Public or Private Street, the Owner shall be required, in addition to the requirements of Section five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within ten (10) feet of the point of intersection of the driveway serving the structure(s) and the right -of -way of the Public Street or the easement line of a private street as the case may apply. SEE EXHIBIT C FOR SPECIFIC. REQIAREA4ENT-8 E. Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mail, the Owner shall be required to post the Official Address Number on both sides of the mailbox in addition to placing the Official Address Number on the Principal or Accessory Structure as required in this Ordinance. F. In the case of a waterfront lot, the Owner shall be required to post the Official Address Number on the seawall, the end of the pier or dock, or on the Owner's boathouse according to the following specifications: Words underlined are added; words stf-uek through are deleted 5 1. Official Address Number(s) shall be Arabic in design and have minimum height of six (6) inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from within 100 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. G. in the ease sCommercial structures, or Mfnultifamily Sstructure_ 1. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units/suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the centerline of the abutting roadway or alleyway. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. C. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light source as possible in order to make it more visible at night. If not near a light source, the number shall be made of reflective material. Words underlined are added; words stfuek through are deleted 6 d. Official Address Number or Numbers shall be mounted to the sign be a part of the sign copy, or be mounted to the sign structure. This area shall be free of obstructions so that the line of sight of the numbers is visible from the center of the street. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER Any Owner requiring a new Official Address Number shall apply to the Administrative Official who shall furnish him or her with same. To be assigned the proper street number and name, the Owner must provide a legal description of the subject property to the Administrative Official. SECTION NINE: C044PLIANCE RELATING TO REOUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS All new construction or building repairs requiring a County building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the Inspections Section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Addressing Section of Collier County's Building Review and Permitting Department that the building has been properly numbered in accordance with this Ordinance. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City f Naples Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall be Central Avenue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North — to the Collier County line; South — to the Gulf of Mexico excluding Marco Island; and East — to I -75 and G.R./S.R. 95 Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines hall continue: North — to the Collier County line and S.R. 858; South — to the Gulf of Mexico; East — to the Collier County line; and West — to I -75 and C.R. /S.R. 951/ Collier Boulevard. 3. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west with the point of origin beginning at S.R. 92 and the Gulf of Mexico. This Grid shall encompass all of Marco Island. Words underlined are added; words stfuelt#r-augh are deleted 7 M 4. Area of Immokalee Grid: A pattern of intersecting lines running north/south and east/west with the point of origin starting at Maine Avenue (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North — to the Collier County line; South — to S.R. 858 and S.R. 846; West — to the Collier County line, east line of Range 27 and Oil Well Grade Road; and East — to the Collier County line. B. Odd numbers will be assigned to the buildings on the north and west sides of the Public or Private Streets, even numbers will be assigned to the buildings on the south and east side of the Public or Private Street. C. The assignment of numbers on corner lots shall be determined from the Public or Private Street on which access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the Public or Private Street runs both north/south and east/west, the grid direction shall be determined by the predominant proportional length of the Public or Private Street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an Auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. SECTION ELEVEN: PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "Change of Address Notice" to the Owner of the building. A building number shall be considered non - conforming if it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an off or even number is on the wrong side of the Street. A. Public notification process when changing address for less than 10 properties: The Administrative Official shall mail a notice of the County's intent to change their address at least 30 days prior to sending the "Change of Address Notice ". This notice shall be mailed by regular mail to the owner of each property. B. Public notification process when changing addresses for 10 or more properties: Words underlined are added; words stmsk through are deleted 8 " 0 The Administrative Official shall conduct at least one neighborhood informational meeting in addition to the above written notice requirements. This meeting shall be held 30 days prior to the "Change of Address Notice" being mailed. The location of the neighborhood information meeting should be reasonably convenient to those property owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. A "Change of Address Notice" shall contain the following: A. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. B. The name of the property Owner and legal description. C. The date of the Notice. A copy of the "Change of Address Notice" shall be kept on file in the Records /Addressing Section of the Collier County Building Review and Permitting Department and all the appropriate agencies shall be notified of the change. Within ninety (90) days from the date of the "Notice of Change of Address ", the Owner or Occupant of the property shall conform the address number to the requirements of this Ordinance. SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners is authorized to rename streets and roadways in the unincorporated areas of the County after a duly advertised public hearing and only upon a super majority vote of at least four affirmative votes. However, State roads lying in the unincorporated areas of Collier County are numbered by the Florida Department of Transportation (FDOT). Public notification process when renaming streets or roadways: The Administrative Official shall conduct at least one neighborhood informational. This meeting shall be held 30 days prior to the above public hearing. The location of the neighborhood information meeting should be reasonably convenient to those property owners affected by the renaming of the street or and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. Words underlined are added; words stfuek thfeagh are deleted 9 SECTION THIRTEEN: MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS No street, development, building, or subdivision shall bear the same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County, except in the following special conditions: A. The major street within a master planned community; subdivision or development may utilize the same name as the development. B. Registered franchise names. C. Identical building names and businesses owned by the same owner /entity and offering the identical service in different county locations. D. "Similar sounding" shall be determined using the following parameters: 1. Roadways with the same name and having only different prefixes /suffixes shall be allowed only in the same "master planned community" and such roads must be adjoining as well as continuous without breaks by canals or other geographic interruptions. Within these communities there shall be no more than three (3) uses of the same name with different suffixes, e.g., Marsh Drive, Marsh Way, Marsh Lane. 2. Only five (5) variations shall be permitted countywide for names beginning with the same word, e.g., Streets: Coconut Palm Drive, Coconut Cove Drive, Coconut Wind Drive, Coconut Sway Drive, Coconut Frond Drive; Projects and signs within Projects: Marsh Estates, Marsh Village, Marsh Pond Community, Marsh Walk, Marsh Strand. The use of the word "Naples" shall be the only exception to this condition. 3. Extreme caution must be taken to prohibit any possible similarity of building or project names along the same roadway. (Example: The Crossings and Crossroads on John Doe Boulevard) The Administrative Official shall monitor the naming of all streets, developments, buildings or subdivisions in order to eliminate duplications and avoid confusion. SECTION FOURTEEN: PROCEDURES FOR PROJECT AND STREET NAMING At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) Planning Serwieer, - Operations Department. The Addressing Section for the Collier County Planning gerwiees CDES Operations Department shall review the name to avoid duplication and similarity of street names as regulated in Section Thirteen above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. Words underlined are added; words straelt#reugh are deleted 10 SECTION FIFTEEN: PROCEDURES FOR STREET RENAMING A. Requests to rename a street, both private and public, are made by submitting an application to the Administrative Official Owner-s: B. A street can be renamed by any one of the following three methods: 1. Renaming Streets by Petition: a. Applicant must first verify with the Addressing/Reeetds Section of the Collier County Building Review and Pemiitting CDES Operations Department that the proposed street name is not a duplication. b. A petition sigzned of by PROPOSED: sixty €i#y- percent plus one of all of the property owners abutting the street to be renamed may be submitted to Planning Services- the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. PROPOSED: In the event that more than one property is owned by the same entity, each such property shall represent a separate signature, to be counted against the required percentage. The application shall include: (1) the petitioner's name, address and telephone number; (2) a legal description or location of the street; (3) the present street name; and (4) the reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 99 -328 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner 64eation of the proposed street name change. 2. Renaming of Streets Where Duplicate Names Exist or One will be created because of changes to the Transportation System: a. The Offiraial Transportation Administrator or his designee slel May submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected by the e*istenee of a depheate street name,thereby. 3. Street Renaming by Board of County Commissioners: a. The Board of County Commissioners may request a change of street name at any time after notice by publication and a public hearing_ C. The Administrative Official shall determine whether the proposed name is a duplicate of any existing, street name. Upon submittal of a up blic petition, application or request for street renaming, the Administrative Official shall determines if the proposed name is in conflict with any existing street name and verifyies the ownership of the property owner(s) requesting the street name. In determining if the proposed name is in conflict with existing street names, and if the request involves a Transportation Project, the Administrative Official shall confer with the Transportation Administrator to reviews the name change for duplication, assimilation, confusion anderti or p name has been used fepetitively repetition. Words underlined are added; words stek through are deleted 11 0 D. Upon reasonable review of the petition, application or request of street Feffame for the renaming of a street by the Administrative Offlei'', the Planning Sefyiees County staff will schedule a public hearing before the Board of County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. E. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. F. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. SECTION SIXTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the Administfa`ien "Manual on Uai fe....... •rHF -A -ffi- - GA- ;rtrre s" Collier County Land Development Code. SECTION SEVENTEEN: APPEAL PROCEDURE A. The Collier County Board of County Commissioners shall hear and decide appeals from the requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enforcement of administration of this Ordinance. Such appeal shall be filed with the Collier County Board of County Commissioners within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee in accordance with Fee Resolution No. 99 -328 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Board of County Commissioners may appeal such decision to the Circuit Court, as provided by law. SECTION EIGHTEEN: ABROGATION AND GREATER RESTRICTIONS A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing Words underlined are added; words stmek through are deleted 12 body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION NINETEEN: WARNING AND DISCLAIMER OF LIABILITY The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION TWENTY: ENFORCEMENT AND PENALTIES A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY -ONE: REPEAL Collier County Ordinance No. 97 -9 is hereby repealed in its entirety. SECTION TWENTY -TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY - THREE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY -FOUR: EFFECTIVE DATE This Ordinance shall be 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 , 20 ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGHT E. BROCK, Clerk COLLIER COUNTY, FLORIDA By: Deputy Clerk TOM HENNING, Chairman Approved as to form and legal sufficiency: [pi � �qugine Hubbard Robinson sistant County Attorney Words underlined are added; words str ek thfeug# are deleted 13 2222 101 - 121 2222 LOT 33 oil-lbool IZ4 1 1000 - 3000 i • • .- • •.-' 3' NIM 12" MAX 1000 - 3000= Wmmllm C10'R v pT E D m W E VT HN 10' RADIUS 10' 10' PUBLIC STREET 0' R lm 0 March 24, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: ORDINANCE AMENDING ORDINANCE 99 -76 (MANDATORY STREET NUMBERING) Dear Georgia: Please advertise the above referenced notice on Friday, March 28, 2003, and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 113 - 138931 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE Notice is hereby given that on Tuesday, .April 8, Boardroom, 3rd Floor, Administration Building, Coll: Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed Ordinance is as follows: 2003, in the per County Florida, the Board of a County The title of the 14TIO 0 IBM AN ORDINANCE AMENDING ORDINANCE NO. 99 -76, RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING: PROVIDING FOR STATUTORY AUTHORIZATION1 PROVIDING FOR FINDINGS OF FACTI PROVIDING A STATEMENT OF INTENT AND PURPOSEI PROVIDING FOR DEFINITIONS: PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBERI PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBERI PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBERy PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRST PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESSy PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSESy PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREETI PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS? PROVIDING AMENDED PROCEDURES FOR STREET NAMINGy PROVIDING AMENDED PROCEDURES FOR STREET RENAMING PROVIDING FOR PUBLIC NOTIFICATIONI PROVIDING FOR STREET SIGNS ON PRIVATE STREETS: PROVIDING AN APPEAL PROCEDURE] PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS] PROVIDING A WARNING AND DISCLAIMER OF LIABILITY1 PROVIDING FOR ENFORCEMENT AND PENALTIESy PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97 -9t PROVIDING FOR CONFLICT AND SEVERABILITY1 PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES: AND PROVIDING AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In intended to be considered by the Board shall appropriate County staff a minimum of seven hearing. All material used in presentations become a permanent part of the record. any case, written materials be submitted to the days prior to the public before the Board will Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) • Teri Michaels To: legals @napiesnews.com Subject: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 thanks! 0 ORD.AMEND.ORD. ORD.AMEND.ORD. 99- 76(1).doc 99- 76(1).doc 0 y�xaW, r` Teri Michaels From: System Administrator [postmaster @naples news. com] Sent: Monday, March 24, 2003 12:40 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 ATTN:GEORGIA RE: DRD.AMEND.ORD... «ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76» Your message To: Iegals@naplesnews.com Subject: ATTN :GEORGIA RE:0RD.AMEND.OR0.99 -76 Sent: Mon, 24 Mar 2003 12:40 :51 -0500 was delivered to the following recipient(s): legals on Mon, 24 Mar 2003 12:40 :08 -0500 ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 Teri Michaels From: legals [legals @naplesnews.com] Sent: Monday, March 24, 2003 2:48 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 rcvd to run 3128 georgia - - - -- Original Message---- - From: Teri Michaels [mailto: Teri .Michaels @clerk.collier.fl.us] Sent: Monday, March 24, 2003 12:41 PM To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:ORD.AMEND.ORD.99 -76 thanks! <<ORD.AMEND.ORD.99- 76(1).doc>> <<ORD.AMEND.ORD.99- 76(1).doc>> 3/24/2003 Pa :1 as 1 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138931649 58631178 NOTICE OF INTENT TO State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubLiction in the said newspaper. PUBLISHED ON: 0328 AD SPACE: 186.000 INCH FILED ON: 03/28/03 `NPNG�O Signature of Affiant Sworn to and Subscribed be�oc� me th' day of 20 Personally known by me ^x i ?onna C ,:sney V? ":nrtmirslon C!DOM336 W e4 iir is tpt" er 11, 2005 0 a 3uildlno, Collier County Sovern ment Center 1301 East Ta I Iri Troll, Naples, Florida, the Board of County commissfoners will con. sidar the enpciment of a County Ordinance. The at ' gIII The tmFllee of thesfoUoposed Ordinance AN�O���NeeDIE. T. -(1 F. or VM a spoKesperson ivi u may be or allottedn10 min- utes to speak on an Item. Persons wishing to have written or graphic ma- terials included in the Board apends packets must submit said ma- terial a minimum of 3 m of to the All m come a per of the record, Any person es to apPec of the eoari ensure mono and evidence upon which the appeal Is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, . FLORIDA TOM HENNING, CHAIR- MAN DWIGHT E. BROCK, CLERK By: s Clerk Michaels, ORDINANCE NO. 2 0 0 3 -14 AN ORDINANCE AMENDING ORDINANCE NO. 99 —76. RELATING TO MANDATORY STREET NUMBERING OF ALL STRUCTURES AND THE ESTABLISHING OF A GRID PATTERN FOR STREET NUMBERING; PROVIDING FOR STATUTORY AUTHORIZATION; PROVIDING FOR FINDINGS OF FACT; PROVIDING A STATEMENT OF INTENT AND PURPOSE; PROVIDING FOR DEFINITIONS; PROVIDING FOR REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER; PROVIDING FOR SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER; PROVIDING FOR APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER; PROVIDING FOR COMPLIANCE RELATING TO NEW CONSTRUCTION OR BUILDING REPAIRS; PROVIDING FOR AN AMENDED PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS; PROVIDING FOR AN AMENDED PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES; PROVIDING FOR DULY ADVERTISED PUBLIC HEARINGS TO RENAME A STREET; PROVIDING FOR MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS; PROVIDING AMENDED PROCEDURES FOR STREET NAMING; PROVIDING AMENDED PROCEDURES FOR STREET RENAMING; PROVIDING FOR STREET SIGNS ON PRIVATE STREETS; PROVIDING AN APPEAL PROCEDURE; PROVIDING FOR ABROGATION AND GREATER RESTRICTIONS; PROVIDING A WARNING AND DISCLAIMER OF LIABILITY; PROVIDING FOR ENFORCEMENT AND PENALTIES; PROVIDING FOR REPEAL OF COLLIER COUNTY ORDINANCE NO. 97 -9; PROVIDING FOR CONFLICT AND SEVERABILITY; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the citizens of Collier County, Florida have experienced delays in the arrival of emergency vehicles such as police, fire and ambulance; and WHEREAS, Collier County has implemented the Enhanced 9 -1 -1 System and incorrect addresses delays response time for emergency vehicles; and WHEREAS, the lack of properly numbered structures has often resulted in the misrouting of delivery vehicles, mail, carrier, and home delivery vehicles; and WHEREAS, the lack of properly numbered structures has resulted in unnecessary inconvenience, discomfort and driving for persons unfamiliar with the COUNTY; and WHEREAS, Section 336.05, Florida Statutes, authorizes the Board of County Commissioners to name and rename streets and roads; and WHEREAS, Sections 3.2.7.1.2 and 3.2.8.3.19 of Collier County Land Development Code require that no street, subdivision or identifying title shall duplicate or closely approximate the name of any other street or subdivision in the incorporated or unincorporated area of Collier County; and WHEREAS, duplication of names of developments, buildings, streets and subdivisions not only causes confusion to the general public but can be a threat to public safety and public safety services. Words underlined are added; words stfuslthfough are deleted 1 NOW THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: STATUTORY AUTHORIZATION The legislature of the State of Florida has, in Chapter 125, Florida Statutes, delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety and general welfare of its citizenry. SECTION TWO: FINDINGS OF FACT The Board of County Commissioners of Collier County, Florida, after a public hearing with due public notice, has determined that the public health, safety, comfort, good order, convenience, and general welfare would best be served by the exercise of the power granted to said Board by said Chapter 125, Florida Statutes, and the adoption of this Ordinance. SECTION THREE: STATEMENT OF INTENT AND PURPOSE It is the intent and purpose of this Ordinance to promote the public health, safety and general welfare of the citizens and persons in Collier County, Florida by requiring the posting of official address numbers on principal or accessory structures, establishing a procedure for numbering and renumbering developments and procedures for naming, renaming and monitoring street names in the unincorporated areas of Collier County for the purpose of providing emergency services such as fire, police, and ambulance; to facilitate delivery of mail, official notices, goods and merchandise; and assist in locating various points of interest throughout the County. SECTION FOUR: DEFINITIONS Unless specifically defined below, words or phrases used in this Ordinance shall be interpreted so as to give them the meaning they have in common usage and to give this Ordinance its most reasonable application. 1. Accessory Structure: An accessory structure is a structure of nature customarily incidental and subordinate to the principal structure and, unless otherwise provided, on the same premises. On the same premises with respect to accessory uses and structures shall be construed as meaning on the same lot or on a contiguous lot under the same ownership. 2. Administrative Official: The Planning Community Development and Environmental Services Pir-est@F Administrator or his Designee is hereby designated as the Administrative Official and shall be responsible for the implementation and enforcement of this Ordinance. 3. Auxiliary Official Address Number: An official address number used to identify an accessory structure, a mobile home or recreational vehicle within a mobile home rental park or recreational vehicle park, an apartment within an apartment building, or any other structure which has been determined by the Administrative Official to require an auxiliary official address. 4. Development: The act, process or result of placing buildings /and or structures on a lot or parcel of land. 5. Emergency Service: sly Means, but is not to be limited to fire and police protection, ambulance service and the delivery of medical services by a physician. Words underlined are added; words stpaek thfough are deleted 2 6. Grid: Establishing a A pattern of lines, governed by a point of origin, on a map of Collier County to identify reference points for the assigning of addresses. 7. Lot: For purposes of this Ordinance, a lot is a parcel of land of at least sufficient size to meet the minimum requirements of the zoning district in which it is located, for use, coverage, and area, and to provide such yards and other open spaces as are required. Such lot shall have frontage on a public street or on an approved private street and may consist of- A. A single lot of record; B. A portion of a lot of record; C. A combination of complete lots of record, or complete lots of record and portions of lots of record, or portions of lots of record; or D. A parcel of land described by metes and bounds. 8. Master Planned Community: A master planned community is a plan of development for an area of land in which all of its geographic parts are joined together by a system of streets which in turn share common access to the county's major street system. Characteristics include common recreation amenities, common open space and a master property owners association. 9. Occupant: Any person, association, partnership, trust, organization or corporation, other than the owner, who is occupying or leasing the principal or accessory structure for a period exceeding thirty (30) days. 10. Official Address Number: The official identification number assigned to a principal or accessory structure by the Administrative Official for the purpose of providing its expeditious location. 11. Owner: Any and all persons, partnerships, trusts, organizations or corporations which own the fee title to the property upon which a principal structure or accessory structure is located. 12. Principal Structure: The structure which serves as the principal use permitted in the zoning district within which it is located. 13. Private Street: Thoroughfare, used for vehicular traffic, which affords the principal means of access to abutting properties, used exclusively for the residents therein. 14. Public Street: Right -of -way either paved or unpaved, which is intended for vehicular traffic. SECTION FIVE: REQUIREMENTS FOR POSTING OF OFFICIAL ADDRESS NUMBER A. The Owner or Occupant of a Lot upon which a structure is located shall post an Official Address Number on the Principal or Accessory Structure located on said Lot, in accordance with the requirements of this Ordinance or within ninety (90) days of the notification of the address change as provided in Section Eleven. B. In addition to posting the Official Address Number on the Principal or Accessory Structure, it shall also post the Official Address Number on the seawall, on the end of a dock or pier or on the boathouse, in accordance with this Ordinance. C. Official Address Numbers and/or the range of Official Address Numbers shall be posted Words underlined are added; words str-ask thfeagk are deleted 3 within the upper third or in the area defined in Section 2.5 of the Land Development Code of Commercial and residential signage that utilizes the following sign types; pole sign ground sign and directory signs. SECTION SIX: EXEMPTIONS FROM POSTING OFFICIAL ADDRESS NUMBER A. Vacant unimproved Lots upon which no structures are located. B. The Administrative Official may grant an exception to the requirements of Section Five and Seven, after application for an exception by the Owner and a detennination by the Administrative Official that one of the following may apply: 1. The architectural design is such that strict enforcement will interfere with the function and utility of the architectural theme of the structure. 2. In the case of multi- residential structures, mobile homes and recreational vehicles, strict compliance is not reasonably possible due to the arrangement, number and location of units involved. 3. Where unusual conditions exist or where the literal interpretation of Section Five or Seven will create a hardship, the Administrative Official may deviate from the specifications of Section Five or Seven provided such deviation will not circumvent the intent and purpose of this Ordinance. In the granting of an exception, the Administrative Official may specify conditions and specifications upon which exception is granted. SECTION SEVEN: SPECIFICATIONS FOR POSTING OFFICIAL ADDRESS NUMBER(S) A. Official Address Number(s): eat Oene and two - family structures shall be have official address numbers in Arabic in design and have a minimum height of four (4) inches. 1. All other new structures shall have numbers of Arabic design and a minimum height of six (6) inches. Existing buildings, other than one and two - family structures, shall have address numbers that comply with the six (6) inch minimum height and all other specifications of this section within one calendar year of the effective date of this ordinance. Address Numbers on signs shall be a minimum height of eight (8) inches. Numbers shall be mounted in a secure fashion to the structure's front wall or other fixed appurtenance in the front of the structure within five (5) feet of the main entryway or main path of travel which leads to the main entrance from a Public or Private Street or shall be otherwise separately mounted in a manner upon the face of a wall or fence or upon a post in the front yard of the Lot. 2. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the center line of the abutting street. The numbers shall be placed so that trees, Words underlined are added; words stpaek thEaugh are deleted 4 shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. 3. Wherever practicable and in accordance with these specifications, the Official Address Number shall be placed as close to a light source as possible in order to make it more visible at night. if not near a light source, the number shall be made of reflective material. B. In the case of an apartment building which contains a series of individual apartment units within a principal apartment building, the following shall apply: 1. The principal apartment building shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the main apartment building, when the building does not have an uniquely assigned address number, such number shall include a by -line indicating the Official Address Number range of the apartment unit(s) within the apartment building. These numbers shall be of the same size as the principal address number and shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT A C. In the case of a mobile home park or recreational vehicle park, the park and the Lots within the park shall be numbered as follows: 1. The mobile home park or recreational vehicle park shall be considered as the Principal Structure and shall be numbered in accordance with Sections Five and Seven, A, above. 2. In addition to the Official Address Number of the mobile home or recreational vehicle park, each lot located within the park shall be given an Auxiliary Official Address Number which shall be indicated as demonstrated in the following graphic drawing: SEE EXHIBIT B D. In instances where a main entryway of a structure(s) is not clearly visible from a Public or Private Street, the Owner shall be required, in addition to the requirements of Section five and Section Seven, to post the Official Address Number and/or Official Address Number range in a conspicuous place within ten (10) feet of the point of intersection of the driveway serving the structure(s) and the right -of -way of the Public Street or the easement line of a private street as the case may apply. E. Wherever required by law that the Official Address Number be placed on a mailbox in order to receive U.S. Mail, the Owner shall be required to post the Official Address Number on both sides of the mailbox in addition to placing the Official Address Number on the Principal or Accessory Structure as required in this Ordinance. F. In the case of a waterfront lot, the Owner shall be required to post the Official Address Number on the seawall, the end of the pier or dock, or on the Owner's boathouse according to the following specifications: Words underlined are added; words stpask thfeu& are deleted 5 1. Official Address Number(s) shall be Arabic in design and have minimum height of six (6) inches. Such numbers shall be mounted in a secure fashion on the waterside of the structure so as to be clearly visible by passing boat operators using the abutting waterway. 2. Official Address Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the abutting waterway as measured from the National Geodetic Vertical Datum. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and unifonnity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from within 100 feet on the abutting waterway. The numbers shall be so placed that other obstructions do not block the line of sight of the numbers from the abutting waterway. 3. It shall be required that all Official Address Numbers be placed close to a light source or made of reflective materials so as to be visible at night by the operator of a passing boat or by shining a flashlight on the number. G. In the ease &Commercial structures, or Mmultifamily Sstructure_ 1. Buildings with three (3) or more dwelling units, having a rear access roadway or alleyway, rear entry doors into the units /suites shall be marked as follows: a. Unit and suite numbers on structures shall be Arabic in design and have a minimum height of four (4) inches. Such numbers shall be mounted in a secure fashion to the unit or suite rear entrance door or other fixed appurtenance in the front of the door within five (5) feet of the rear entryway or main path of travel which leads to the rear entrance from the rear access roadway or alleyway or shall be otherwise separately mounted immediately adjacent to the rear access entrance door on the structure wall. b. Numbers shall be mounted at a height between four (4) feet and ten (10) feet above the adjacent street grade or exterior landing beneath, but never higher than fifteen (15) feet above the adjoining grade. They shall be sufficiently legible as to contrasting background, arrangement, spacing, size and uniformity of integers so that the numbers may be read with ease during daylight hours by a person possessing at least twenty /forty (20/40) vision if he views the numbers from the centerline of the abutting roadway or alleyway. The numbers shall be so placed that trees, shrubs and other obstructions do not block the line of sight of the numbers from the center of the street. C. Wherever practicable and in accordance with these specifications, the unit or suite number shall be placed as close to a light source as possible in . order to make it more visible at night. If not near a light source, the number shall be made of reflective material. Words underlined are added; words stFurs k thfaugh are deleted 6 w � d. Official Address Number or Numbers shall be mounted to the sign face, be a part of the sign copy, or be mounted to the sign structure. This area shall be free of obstructions so that the line of sight of the numbers is visible from the center of the street. SECTION EIGHT: APPLICATION FOR NEW OFFICIAL ADDRESS NUMBER Any Owner requiring a new Official Address Number shall apply to the Administrative Official who shall furnish him or her with same. To be assigned the proper street number and name, the Owner must provide a legal description of the subject property to the Administrative Official. SECTION NINE: COMPLIANCE RELATING TO REQUIRED CONDITIONS FOR NEW CONSTRUCTION OR BUILDING REPAIRS All new construction or building repairs requiring a County building permit shall comply with the requirements of this Ordinance prior to the final structural inspection or final building repair inspection by the Inspections Section of Collier County's Building Review and Permitting Department. A Certificate of Occupancy shall not be issued until it has been verified by the Addressing Section of Collier County's Building Review and Permitting Department that the building has been properly numbered in accordance with this Ordinance. SECTION TEN: PROCEDURE FOR ESTABLISHING A UNIFORM GRID NUMBERING PATTERN FOR ASSIGNMENT OF ADDRESSES OR CHANGE OF ADDRESS A. The following Grids are established in Collier County for the assigning of addresses to structures: 1. City of Naples Grid: A pattern of intersecting .lines running north/south and east/west. The point of origin for this Grid shall be Central Avenue and the Gulf of Mexico in the City of Naples with lines running east/west and north/south of point of origin. The interval of lines shall continue: North — to the Collier County line; South — to the Gulf of Mexico excluding Marco Island; and East — to I -75 and Q is n 95 1- Airport Road North & South. 2. Area of Golden Gate Grid: A pattern of intersecting lines running north/south and east/west. The point of origin for this Grid shall start at Wilson Boulevard and Golden Gate Boulevard. The interval of lines hall continue: North — to the Collier County line and S.R. 858; South — to the Gulf of Mexico; East — to the Collier County line; and West — to I -75 and C.R. /S.R. 951/ Collier Boulevard. 3. Area of Marco Island Grid: A pattern of intersecting lines running north/south and east/west with the point of origin beginning at S.R. 92 and the Gulf of Mexico. This Grid shall encompass all of Marco Island. Words underlined are added; words stpask thfaugh are deleted 7 1� 4. Area of Immokalee Grid: A pattern of intersecting lines running north/south and east/west with the point of origin starting at Maine Avenue (S.R. 29) and First Street (S.R. 846). The interval of lines shall continue: North — to the Collier County line; South — to S.R. 858 and S.R. 846; West — to the Collier County line, east line of Range 27 and Oil Well Grade Road; and East — to the Collier County line. B. Odd numbers will be assigned to the buildings on the north and west sides of the Public or Private Streets, even numbers will be assigned to the buildings on the south and east side of the Public or Private Street. C. The assignment of numbers on corner lots shall be determined from the Public or Private Street on which access to the building is obtained unless unique and unusual circumstances exist as determined by the Administrative Official. D. In cases in which the Public or Private Street runs both north/south and east /west, the grid " direction shall be determined by the predominant proportional length of the Public or Private Street. E. Main arterials which pass through more than one grid shall not have more than one addressing system. F. Where more than two units exist within a building, the entire building shall have a principal number with an Auxiliary Official Address Number for each individual unit, unless it is more reasonable or practical to assign Official Address Numbers to each unit. G. The Administrative Official shall.at his discretion, relinquish precedence of the specified grid system in cases where it would be more reasonable or practical to assign a street address based on a numbering system used by a municipality or subdivision. SECTION ELEVEN: PROCEDURE FOR CHANGING NON - CONFORMING ADDRESSES Where the existing building number does not conform to the requirements provided for by this Ordinance, the Administrative Official shall provide a "Change of Address Notice" to the Owner of the building. A building number shall be considered non - conforming if it does not conform with the grid numbering system established by this Ordinance, if the number is out of sequence with other numbers on the street, or if an off or even number is on the wrong side of the Street. A. Public notification process when changing address for less than 10 properties: The Administrative Official shall mail a notice of the County's intent to change their address at least 30 days prior to sending the "Change of Address Notice ". This notice shall be mailed by regular mail to the owner of each property. B. Public notification process when changing addresses for 10 or more properties: Words underlined are added; words stftek thfough are deleted 8 The Administrative Official shall conduct at least one neighborhood informational meeting in addition to the above written notice requirements. This meeting shall be held 30 days prior to the "Change of Address Notice" being mailed. The location of the neighborhood information meeting should be reasonably convenient to those propert y owners who are required to receive notice and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. A "Change of Address Notice" shall contain the following: A. The correct address number, previous number and requirement that the property Owner or Occupant post the number in accordance with the requirements of this Ordinance within ninety (90) days from the date of the Notice. B. The name of the property Owner and legal description. C. The date of the Notice. A copy of the "Change of Address Notice" shall be kept on file in the Records /Addressing Section of the Collier County Building Review and Permitting Department and all the appropriate agencies shall be notified of the change. Within ninety (90) days from the date of the "Notice of Change of Address ", the Owner or Occupant of the property shall conform the address number to the requirements of this Ordinance. SECTION TWELVE: DULY ADVERTISED PUBLIC HEARING TO RENAME A STREET Pursuant to Section 336.05, Florida Statutes, the Board of County Commissioners is authorized to rename streets and roadways in the unincorporated areas of the County after a duly advertised public hearing and only upon a super majority vote of at least four affirmative votes. However, State roads lying in the unincorporated areas of Collier County are numbered by the Florida Department of Transportation (FDOT). Public notification process when renaming streets or roadways: The Administrative Official shall conduct at least one neighborhood informational meeting. This meeting shall be held 30 days prior to the above public hearing. The location of the neighborhood information meeting should be reasonably convenient to those property owners affected by the renaming of the street or and the facilities shall be of sufficient size to accommodate expected attendance. The Administrative Official shall cause a display advertisement, in type no smaller than 12 point and said advertisement shall not be placed in that portion of the newspaper where legal notices and classified advertisements appear. The advertisement shall state the purpose, location, and time of the meeting and shall be placed with Words underlined are added; words sktsk thfough are deleted 9 a newspaper of general circulation in the county at least seven days prior to the neighborhood informational meeting. SECTION THIRTEEN: MONITORING OF THE NAMING OF STREETS, DEVELOPMENTS, BUILDINGS OR SUBDIVISIONS No street, development, building, or subdivision shall bear the same name or a similar sounding name as another development, building, subdivision or street in the incorporated or unincorporated area of Collier County, except in the following special conditions: A. The major street within a master planned community; subdivision or development may utilize the same name as the development. B. Registered franchise names. C. Identical building names and businesses owned by the same owner /entity and offering the identical service in different county locations. D. "Similar sounding" shall be determined using the following parameters: 1. Roadways with the same name and having only different prefixes /suffixes shall be allowed only in the same "master planned community" and such roads must be adjoining as well as continuous without breaks by canals or other geographic interruptions. Within these communities there shall be no more than three (3) uses of the same name with different suffixes, e.g., Marsh Drive, Marsh Way, Marsh Lane. 2. Only five (5) variations shall be permitted countywide for names beginning with the same word, e.g., Streets: Coconut Palm Drive, Coconut Cove Drive, Coconut Wind Drive, Coconut Sway Drive, Coconut Frond Drive; Projects and signs within Projects: Marsh Estates, Marsh Village, Marsh Pond Community, Marsh Walk, Marsh Strand. The use of the word "Naples" shall be the only exception to this condition. 3. Extreme caution must be taken to prohibit any possible similarity of building or project names along the same roadway. (Example: The Crossings and Crossroads on John Doe Boulevard) The Administrative Official shall monitor the naming of all streets, developments, buildings or subdivisions in order to eliminate duplications and avoid confusion. SECTION FOURTEEN: PROCEDURES FOR PROJECT AND STREET NAMING At the time of subdivision plat or site development plan approval, street names of both internal and external streets are assigned by the developer and reviewed by the Administrative Official prior to final approval of the subdivision or development plan. Developers should not proceed with printing and advertising activity that utilizes project and street names prior to final approval of such names by the Addressing Section of the Collier County Community Development and Environmental Services (CDES) Plaming Serviees - Operations Department. The Addressing Section for the Collier County Planning Set=viraes CDES Operations Department shall review the name to avoid duplication and similarity of street names as regulated in Section Thirteen above. The Addressing Section also has the responsibility of maintaining street address maps and assigning street numbers. Words underlined are added; words stmsl eugh are deleted 10 r SECTION FIFTEEN: PROCEDURES FOR STREET RENAMING A. Requests to rename a street, both private and public, are made by submitting an application to the Administrative Official Owner-s. B. A street can be renamed by any one of the following three methods: 1. Renaming Streets by Petition: a. Applicant must first verify with the Addressing/Reeofds Section of the Collier County Building Review and Pefmitting CDES Operations Department that the proposed street name is not a duplication. b. A petition signed of by PROPOSED: fifty- percent plus one of all of the property owners abutting the street to be renamed may be submitted to Planning riees the Administrative Official with the necessary application, site plan of the street to be renamed and a list of all property owners abutting the street to be renamed. PROPOSED: In the event that more than one property is owned by the same entity, each such property shall represent a separate signature, to be counted against the required percentage. The application shall include: (1) the petitioner's name, address and telephone numberi (2) a legal description or location of the street;, (3) the present street namei and (4) the reason for requesting name change. Applicable administrative fees in accordance with Fee Resolution No. 99 -328 or its successor Resolution are required to be paid for the cost of notifying each abutting property owner 6fieation of the proposed street name change. 2. Renaming of Streets Where Duplicate Names Exist or One will be created because of changes to the Transportation System: a. The ^ ay. mist, -alive official Transportation Administrator or his designee sha4 may submit an application to the Board of County Commissioners for a street name change where the public health, safety and general welfare would be affected by the— ex}stenee ^ aupheate stream name.thereby. 3. Street Renaming by Board of County Commissioners: a. The Board of County Commissioners may request a change of street name at any time after notice by publication and a public hearing. C. The Administrative Official shall determine whether the proposed name is a duplicate of any existing street name. Upon submittal of a public petition, application or request for street renaming, the Administrative Official shall determines if the proposed name is in conflict with any existing street name and verifyies the ownership of the property owner(s) requesting the street name. In determining if the proposed name is in conflict with existing street names, and if the request involves a Transportation Project, the Administrative Official shall confer with the Transportation Administrator to reviews the name change for duplication, assimilation, confusion and pei4i or pet4iens of street name has been used mpetitively- repetition. Words underlined are added; words stFue-lE through are deleted 11 D. Upon reasonable review of the petition, application or request for the renaming of a street by the "ar, iaistr -ati *e Of4t eial, the nl.,,,ning gen,iees County staff will schedule a public hearing before the Board of County Commissioners, notify the property owners abutting the street of the proposed street name change, and make a recommendation to the County Manager's Office. E. Notification of a public hearing before the Board of County Commissioners shall be given to abutting property owners fifteen (15) days prior to the public hearing. After a duly advertised public hearing and upon the Board of County Commissioners' approval, the Administrative Official will notify all appropriate governmental agencies and property owners abutting the street being renamed. F. The Addressing Section has the responsibility of maintaining street address maps and assigning street numbers. SECTION SIXTEEN: PROVIDING STREET SIGNS ON RENAMED PUBLIC OR PRIVATE STREETS It shall be the responsibility of the petitioner to bear the cost of replacing street signs on all public and private streets. In the case of public streets, signs will be replaced by the Collier County Transportation Operations Department following payment of a fee to be determined by the Director of the Transportation Operations Department. In the case of private streets, it shall be the responsibility of the petitioner to provide for the street sign(s) displaying the new name in accordance with the United StatesPepaftment of 42r-anspat4atien and— Feder-a! Highwa-y Administration (9. S 1.4 -T F-H W.A.) "Manual n Unife,-,,, rr,..,rf:,, Central review Collier County Land Development Code. SECTION SEVENTEEN: APPEAL PROCEDURE A. The Collier County Board of County Commissioners shall hear and decide appeals from the requirements of this Ordinance when there is a disagreement of an interpretation, requirement, or determination made by the Administrative Official in the enforcement of administration of this Ordinance. Such appeal shall be filed with the Collier County Board of County Commissioners within ten (10) days of the disagreement, decision or determination and the aggrieved person shall furnish a copy of such appeal to the Administrative Official. B. The applicable filing fee in accordance with Fee Resolution No. 99 -328 or its successor resolution is required for each appeal. C. Any person adversely affected by the decision of the Collier County Board of County Commissioners may appeal such decision to the Circuit Court, as provided by law. SECTION EIGHTEEN: ABROGATION AND GREATER RESTRICTIONS A. This Ordinance is not intended to repeal, abrogate, or impair any existing easements, covenants, or deed restrictions. However, where this Ordinance and another conflict or overlap, whichever imposes the more stringent restrictions shall prevail. B. In the interpretation and application of this Ordinance, all provisions shall be: (1) considered as minimum requirements; (2) liberally construed in favor of the governing Words underlined are added; words stmek thfough are deleted 12 body; and (3) deemed neither to limit nor repeal any other powers granted under State Statutes. SECTION NINETEEN: WARNING AND DISCLAIMER OF LIABILITY The degree of protection required by this Ordinance is considered reasonable for regulatory purposes. This Ordinance shall not create liability on the part of Collier County or by any officer or employee thereof for any damages that result from reliance on this Ordinance or any administrative decision lawfully made thereunder. SECTION TWENTY: ENFORCEMENT AND PENALTIES A. Any person or entity who violates any provision of this Ordinance shall be punished as provided by law. B. In addition to the criminal penalties provided by law, power is hereby authorized to institute any appropriate action or proceeding including suit for injunctive relief in order to prevent or abate violation of this Ordinance. SECTION TWENTY -ONE: REPEAL Collier County Ordinance No. 97 -9 is hereby repealed in its entirety. SECTION TWENTY -TWO: CONFLICT AND SEVERABILITY In the event this Ordinance conflicts with any other ordinance of Collier County or other applicable law, the more restrictive shall apply. If any phrase or portion of this ordinance is held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portion. SECTION TWENTY - THREE: INCLUSION IN CODE OF LAWS AND ORDINANCES The provisions of this Ordinance shall become and be made a part of the Code of Laws and Ordinances of Collier County, Florida. The sections of the Ordinance may be renumbered or re- lettered to accomplish such, and the word "ordinance" may be changed to "section ", "article ", or any other appropriate word. SECTION TWENTY -FOUR: EFFECTIVE DATE This Ordinance shall be 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 , 2063. T3•••.....,' o. tt►d A BOARD OF COUNTY COMMISSIONERS $OCIt*,rk COLLIER CO TY, F RIDA t '�F r • �_ By, Je*:y O,i,-y�t�� 4° TOM HENNING, Chairman Approved as;to form and legal sufficiency: Ak, Jacqueline ubbard Robinson Assistant County Attorney Words underlined are added; words strnslE thr-eug-k are deleted 13 A 2222 101 - 121 FXtIMYIP B • HC)MEADDF;EBSSGN 2222 LOT 33 FXHMIT C k8B 111 m 3001Tu 3, MAX 1 12" I'VIAX 1000 - 3000= 6" LE EFSMIN. go 11 • •.. -- ��v ATE op, v \ Q F DDf� NI..MUR *r E MIbTEE POSfE3J W1FiNil 0' RPOL S 10' 10' R 10' PUBLIC STREET ka 0' R i . •r STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -14 Which was adopted by the Board of County Commissioners on the 8th day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of April, 2003. DWIGHT E. BROCK Clerk o�f;,.Gour,�s and Clerk Ex- of",o�4't�j�`c' rd of e Count, . 'O t4�tlq e,rs . � Y Br rw� ;.Teri- x`�4r- �iaes;? i r� • ei ,` COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS 8CTo: Clerk to the Board: Please place the following as a: ✓ ✓ ✓ Normal legal Advertisement ❑ Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Rick Grigg 2800 North Horseshoe Dr. Naples, Fl. 34104 (239)659-5731 * Put name & phone number in advertisement. Date: March 11, 2003 Petition No. (If none, give brief description): AVPLAT2003- AR3636 (TARPON BAY TRACT P) Petitioner: (Name & Address): WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, Fl. 34108 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) 1) Michael Delate, P.E. c/o Grady Minor & Associates, P.A. 3800 Via Del Rey Bonita Springs, Fl 34108 Hearing before ✓ ✓ ✓ BCC BZA Other Requested Hearing date: APRIL 8, 2003 Newspaper(s) to be used: (Complete only if important): ✓ ✓ ✓ Naples Daily News Other ✓ ✓ ✓Legally Required Proposed Text: (Include legal description & common location & Size: PETITION AVPLAT2003- AR3636 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 10 FOOT WIDE DRAINAGE EASEMENTS LOCATED IN TRACT "P", ACCORDING TO THE PLAT OF "TARPON BAY" AS RECORDED IN PLAT BOOK 36, PAGES 28 THROUGH 31, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF TRACT "P" OF SAID "TARPON BAY." LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? ✓ ✓ ✓ Yes ❑ No If Yes, what account should be charged for advertising costs: For Advertising costs, charge to: P.O. 912501 For Recording costs, charge to: 113- 138320 - 649030 Reviewed by: Department Director Date Approved by: County Administrator Date List Attachments: 1) RESOLUTION WITH EXHIBITS "A" & `B" (There is no list of adjacent owners) DISTRIBUTION INSTRUCTIONS A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: ✓ ✓ ✓ County Manager agenda file: ✓ ✓ ✓ Requesting Division ✓ ✓ ✓ Original to Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. ++ r, rr.*+++++..*, e, �, r, r++++. r., r, r++++:.++ r+*++++ rr+ r. r.+«++, wr•••+++ ,r + +. *+•+••• +r••rr +w• +r.w.. + + ++ FOR CLERK'S OFFICE USE ONLY: Date Received: 3- 1? -63 Date of Public hearing: O Date Advertised:.SU.N 3-,13-o3 03 w. RESOLUTION NO. 2003- RESOLUTION FOR PETITION AVPLAT2003- AR3636 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 10 FOOT WIDE DRAINAGE EASEMENTS LOCATED IN TRACT "P", ACCORDING TO THE PLAT OF "TARPON BAY" AS RECORDED IN PLAT BOOK 36, PAGES 28 THROUGH 31, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF TRACT "P" OF SAID "TARPON BAY." LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, WCI Communities, Inc., does hereby request the vacation of two 10 foot wide Drainage Easements in Tract "P" according to the plat of "Tarpon Bay" as recorded in Plat Book 36, Pages 28 through 31, Public Records of Collier County, Florida, -nd to accept a 10 foot wide relocation Drainage Easement on a portion of Tract "P" of said "Tarpon Bay "; and WHEREAS, the Board has this day held a public hearing to consider vacating two 10 foot wide Drainage Easements in Tract "P," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following two 10 foot wide Drainage Easements are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide Drainage Easement, more particularly described in Exhibit `B" attached hereto and incorporated herein, is hereby accepted as a relocation Drainage Easement for the two 10 foot wide Drainage Easements vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this after motion, second and majority vote favoring same. DATED: ATTEST: DWIGHT E. BROCK, Clerk Deputy Clerk Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney day of 2003, BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Tom Henning, Chairman EXHIBIT "A" SHEET 1 OF 2 AVPLAT2003- AR3630," TARPON A y POINT OF T R �R r COMMENCEMENT 1, SOUTHERLY R W LINE Cl �f0 \ NORTHEAST CORNER OF TRACT P" OF TARPON BAY, PLAT BOOK 36, K4Ii �� PAGES 28 —JI 0' 20' 40' _ SCALE.- I" = 40' �O O TRACT (TARPON BAY, PLAT BOOK J8, PAGES 28 —J1) i r 10' DRAINAGE EASEMENT SOUTHERLY LfNE OF TRACT "P" 5 85 064 " W 8.41' N 48JVJ'4" W LEGAL DESrRIFMW V _ A POINT OF BEGINNING J b. I` k6' Z�c�v TRACT "H" (TARPON BAY, PLAT BOOK J8, PAGES 18 -31) CURIE DA 1 T28 THROUGH OF THLOCATED UBLIC IN RECORDS BOOK 36 OF COLLIER COUNTY, FLORIDA,, BEING MORE AT PAGES PAR77CULARLY DESCRIBED AS FOLLOWS' COMMENCE AT THE NORTHEAST CORNER OF TRACT P ", OF TARPON BAY AS RECORDED AT PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 4176'26" W ALONG THE SOUTHERLY LINE OF SAID TRACT F' FOR A DISTANCE OF 126.96 FEET, THENCE RUN N 48 33'34" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 62.21 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N 48 33'34" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 8.41 FEET' THENCE RUN S 8506'04" W, ALONG SAID SOU7HERL Y LINE, FOR A DISTANCE OF J.27 FEET' THENCE RUN N 050953" E FOR A DISTANCE OF 130.45 GH RICHr— O FA — WAY),T THE SAME BEING RA POINT T O N AWCIRCULAR CURVE CONCAVE S/OU1H WHOSE RAO/US POINT BEARS S 07'19'11" W, A DISTANCE OF 180.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG SAID RIGHT - OF —WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT HAONG A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 03 1125 SUBTENDED BY A CHORD OF 10.02 FEET AT A BEARING OF S 81-05'07- E, DISTANCE OF 134.20 FEET 10.02 02THE POINT OF BEGINNING OFCTNE PARCEL OF LAND AND HEREIN DESCRIBED, 4 CONTAINING O.OJO ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS RESERVATIONS AND /OR RESTRICTIONS OF RECORD. BOOK 36 AT PAGES 28 THROUGH 3NOF THE PUBLIC RECORDS OF COLLIERECOUNTYRFL RDA- 1N PLAT DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF. 0. GRAD MINOR de ASSOCIATES, P.A. SIGNED la -2g- 02 P.S.M. #522J ERIC V. SANDOVAL STALE OF FLORIDA * NOT A SURVEY L,ffujNEERS ADY>�11 g AND A�SS'OCIAT , P.A ■ LAND SURVEYORS ■ PLANNERS 3800 NA DEL REY 80NITA SPRINGS FLORIDA J404 ?HONE : (239) 947 -1144 FAX : (1J9) 947 —OJ75 �.._ _ __..__ CER77RCATF_OF AUTNORIZAl10N NUMBER L.B. 5151 DRAWN BY LEC LEGAL DESCRIPTION AND SKETCH TARPON BAY 10' SmDEa DRAINAGE EASEMENT EASEMENT EAST COLU£R COUNTY, FLORIDA DATE OCTOBER 2002 JOB CODE.- TB. R2 I DWG: B -22,97 EXHIBIT "A" SHEET 2 OF 2 AVPLAT2003- AR3636 POINT OF G U1V1juEJl V (.I:/1V11:11 Y 0' 25' 50' NOR NORTHEAST CORNER OF TRACT i SCALE. 1" = 50' TARPON B- AY -ORI e _ �, AGES 18 BAY, PLAT BOOK 36. TRACT B I4o' RIGHT-OF-WAY) ` / I S�TMERLY R/W LpJE Cl N Z !o w w o, /2'3y 2 5 10 t TRACT "P oo (rAVW BAT, P" r Boat Ja mars 28 -31) DRAINAGE EASEMENT 10, ,Q \ POINT OF BEGINNING SCU,Wny uNE of TRACT "P' „ W S 8506'04" S 8j,26 7 3 63.07 S 62 J9 J7" W 0.37' 'r' �' 1 " p tK �� TRACT "H" (rAwm BAY, RAr Soar .T-4 PAGa 2e-.n) CURVE DA TUM �Rwc ��10.00�0'2 L TA CH 0 4'49 10.00 BEARING N 7425 10" E LEGAL DESCRIPTION 1 A 10 FOOT WIDE STRIP OF LAND LOCATED IN TRACT P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER OF TRACT P" OF TARPON BAY AS RECORDED IN PLAT BOOK J6 AT PAGES 18 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 4126 Z6" W, ALONG rH£ SOUTHERLY LINE OF SAID TRACT P ", FOR A DISTANCE 126.96 FEET; THENCE RUN N 48 3334" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 70.62 FEET' THENCE RUN S 85 -06'04' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 6J.07 FEET,• THENCE RUN S 8J26J3' W, ALONG SAID SOUTHERLY LINE, FORA 0 /STANCE OF 70.74 FEET- THENCE RUN S 6239J7" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 0.37 FEET TO THE POINT OF B£CINNfNC OF THE PARCEL OF LANG HEREIN DESCRIBED; THENCE CONTINUE S 62 J9 J7" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 10.21 FEET. THENCE RUN N 15J430" W FOR A DISTANCE OF 135.57 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WIDE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, WHOSE RADIUS POINT BEARS S 164155" E. A DISTANCE OF 255.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE, TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 027449" SUBTENDED BY A CHORD OF 10.00 FEET AT A BEARING OF N 742530" E FOR AN ARC LENGTH OF 10.00 FEET TO THE END OF SAID CURVE; THENCE RUN 5 15:14'30" E FOR DESCRIBED, A DISTANCE OF 1 JJ-49 FE ACRES, HE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD- To HEREON REFER TO TARPON BAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH Jf OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF. 0. GRADY MINOR do ASSOCIATES P.A. Q'o2 SIGNED / 0 - � 1 L , P.S.M. #5223 ERIC V. SANDOVAL STATE OF FLORIDA NOT A SURVEY'' DRAIYN BY. LEc LEGAL DESCRIPTION AND SKETCH 4 LPHON, RADY A9OR AND ASSOCIATES, PA TARPON BAY ENGINEERS • LAND SURVEYORS ■ PLANNERS 10' WIDE DRAINAGE EASEMENT J800 WA OEL R£Y S£CAON 30, TOWNSHIP 48 SOUTH RANG£ 26 EAST BONITA SPRING.£ fLOR/0A J41J4 COLLIER COUNTY, FLORIDA : (239) 947 -1144 FAX : (2J9) 947 -0375 DATE: OCTOBER 2002 JOB CODE.• TB. R2 DWG: 8 -2267 (I) CirpTnCArE GF AVTHORIIA17ON NUMBER L. 8. 5151 EXHIBIT "B" SHEET I OF I AVPLAT2003- AR3636 POINT OF L U1V11V1.C1V [.P,1V11',1 V 0' 25' 50' �� --------NORTHEAST CORNER OF TRACT i SCALE. 1" = 50' TARPON BAY DR NORTH PAGES 18 -JIAY, PLAT BOOK 36, �— TRACT " �Y) / (4G' RIGHT-or- \ SOUTHERN R/W LINE �Z L S 10.69 TRACT "P" (TARPON HAY, PLAT OW X PAGES 28-31) 40' DRAINAGE EASEMENT 43.68' =REGINNIN6 ''33 W P� WG 1* UV TRACT "H" (TAwo HAY, PLAT xx x PAGES 28-31) CURVE DATUM CURVE RADIUS L£NGJH DELTA GilORD BEARING C2 255.00 10.20' 0277:31 " 1 10.20' 1 N 74174:13" E LEGAL DESS-RIPTTON I A 10 FOOT WIDE STRIP OF LAND LOCATED IN TRACT P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 A T PAGES 18 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER OF TRACT P' OF TARPON BAY, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 417626" W, ALONG THE SOUTHERLY LINE OF SAID TRACT P ", FOR A DISTANCE 126.96 FrET,• THENCE RUN N 48:33'34" W, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 70.62 FEET,• THENCE RUN S 85176 04' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 6307 FEET,• THENCE RUN S 8376:33' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 43.68 FEET O THEPOINT OF BEGINNNG OF THE PARCEL OF LAND HEREIN DESCRIBED, THENCE CONTINUE S 8376:33" W, ALONG SAID SOUTHERLY LINE FOR A DISTANCE OF 10.69 FEET, THENCE RUN N 2777`17" W FOR A DISTANCE OF 138.83 FEET O A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WIDE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, WHOSE RADIUS POINT BEARS S 16'41'55" £, A DISTANCE OF 255.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 02'17;31: SUBTENDED BY A CHORD OF 10.20 FEET AT A BEARING OF FOR4AV DISTANCE OF 140 60 FEET TO O THE Palff OF BEGINNING OF SAID CURVE' OF ANDCHEREINS 27'17'17" E DESCRIBED, CONTAINING 0.032 ACRES, MORE OR LESS THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. BEARINGS HEREON REFER TO TARPON BAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF CCLUER COUNTY, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THERE�F� 0. GRADY MINOR & ASSOCIATES, P.A. L. £� SIGNED /0-29�0� LaS +2 2; ` M :, CT ERIC V. SANDOVAL STA TTr -, OF" f NOT A SURVEY „ <! DRAWN BY. REG LEGAL DESCRIPTION AND SI=H Q. GRAVY J90B AND �4S,SOCIATAS, PA TARPON BAY CIVIL ENGMMU ■ LAND SURVEYORS ■ PLANNERS 10' WIDE DRAINAGE EASEMENT J800 NA DEL REY SECTION 3Q TOWNSHIP 48 SOUTH, RANGE 26 EAST, BONITA SPRINGS FLORIDA 34134 COLLIER COUNTY, FLORIDA PHONE: (239) 947-1144 FAX: (219) 947 -OJ75 DATE. OCTOBER 2002 JOB CODS TB. R2 DIIG B -2287 C£R17RCAIE OF AUTHORIZA170N NUMBER L. B. 5151 1 March 17, 2003 Attn: Georgia Naples Daily News 1075 Central Avenue Naples, Florida 34102 Re: AVPLAT2003- AR3636 (TARPON BAY TRACT "p") Dear Georgia: Please advertise the above referenced notice on Sunday, March 23, 2003, and again on Sunday, March 30, 2003, and kindly send the Affidavits of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, Teri Michaels, Deputy Clerk P.O. /Account # 912501 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 8, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition AVPLAT2003- AR3636, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, WCI Communities, Inc., requesting to disclaim, renounce and vacate the County's and the public's interest in two 10 foot wide drainage easements located in Tract "P ", according to the Plat of "Tarpon Bay" as recorded in Plat Book 36, Pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation drainage easement on a portion of Tract "P" of said "Tarpon Bay ". Located in Section 30, Township 48 South, Range 26 East. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. Any questions or concerns should be directed to Rick Grigg, Collier County Community Development /Planning Services Section at (239) 659 -5731. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Teri Michaels, Deputy Clerk (SEAL) o� EC U y coub1me Dwight E. Brock Clerk March 17, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 34101.3044 Michael Delate, P.E. Grady Minor & Assoc.,P.A. 3800 Via Del Rey Bonita Springs, FL 34108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3636 (Tarpon Bay Tract "P ") Dear Agent: CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003, and again on Sunday, March 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK '�QL� 7Kz-1 Teri Michaels, Deputy Clerk Enclosure Q4 ENE CIII�G'� C U y COUNe Dwight E. Brock Clerk March 17, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLDER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST PO. BOX 413044 NAPLES, FLORIDA 34101 -3044 WCI Communities, Inc. 24301 Walden Center Drive Bonita Springs, FL 34108 Re: Notice of Public Hearing to consider Petition AVPLAT2003- AR3636 (Tarpon Bay Tract "P ") Dear Petitioner: • r CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003, and again on Sunday, March 30, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Teri Michaels, Deputy Clerk Enclosure Teri Michaels To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:AVPLAT2003- AR3636 hi georgia- please advertise the attached AVPLAT 2003 - AR3636 (TARPON BAY TRACT "p ") -- * *note -2 ad dates ** AVPLAT2003 -AR36 36.doc thanks! AVPLAT2003 -AR36 36.doc In Teri Michaels 8C From: System Administrator [postmaster @naplesnews.com] Sent: Monday, March 17, 2003 4:31 PM To: Teri Michaels Subject: Delivered: ATTN:GEORGIA RE:AVPLAT2003- AR3636 kTM:GEORGIA RE: AVPLAT2003 -AR... <<ATTN:GEORGIA RE:AVPLAT2003- AR3636» Your message To: legals @naplesnews.com Subject: ATTN :GEORGIA RE:AVPLAT2003- AR3636 Sent: Mon, 17 Mar 2003 16:30:53 -0500 was delivered to the following recipient(s): legals on Mon, 17 Mar 2003 16:31:12 -0500 1 ATTN:GEORGIA RE:AVPLAT2003- AR3636 Page 1 of 1 Teri Michaels From: legals [legals @naplesnews.com] Sent: Monday, March 17, 2003 4:33 PM To: Teri Michaels Subject: RE: ATTN:GEORGIA RE:AVPLAT2003- AR3636 rcvd 3/23 and 3/30 ok georgia - - - -- Original Message---- - From: Teri Michaels [mailto: Teri .Michaels @clerk.collier.fl.us] Sent: Monday, March 17, 2003 4:31 PM To: legals @naplesnews.com Subject: ATTN:GEORGIA RE:AVPLAT2003- AR3636 hi georgia- please advertise the attached AVPLAT 2003 - AR3636 (TARPON BAY TRACT "p ") -- * *note -2 ad dates ** <<AVPLAT2003- AR3636.doc>> <<AVPLAT2003- AR3636.doc>> thanks! 3/17/2003 NOTICE OF PUBLIC HEARING 8C Notice is hereby ten that the Board Naples Daily News of Coun- tv Commissioners of Col- Naples, fL 34102 lier County will hold hold a day,lApri1 0,n1003� In Affidavit of Publication Boardroom 3rd Floor, Naples Dal Ly News Administ Ron Building, --------°-------------------------- -- +- ----- --- ----- ----- - -- - - --- Collier County Govern. ment Center, 3301 East Tomlomi Trail, Naples, Florida. The meeting will begin at 9-00 A.M. BOARD OF COUNTY CON14ISSIONERS The Board will consider CHERI LEFARA Petition AVPLAT2003- AR3636, Michael Delate, PO BOX 413016 Grady nor °BfrAssoc NAPLES FL 34101 -3016 lot es as went for the peHtlon- er, GI Communities, Inc., requesting to dis- cialm, renounce and va-. cote the County's and - 001230 912501 REFERENCE: the public's Interest to two 10 Foot wide drain- 58632130 NOTICE OF PUBLIC HEA age easements located in Tract "P ", according to the Plat "Tarpon State of Florida rd Bay" as recorded In Plat County of Collier Book 36 P0 es 28 Public Re- Before the undersigned authority, Personally cords Co cads of colter County, appeared B. Lamb, who on oath says that she serves Fields and to accept a as Assistant Corporate Secretary of the Naples 10foof wide relocation. easement on a Daily News, a dRily newspaper published at Naples, portion Portion r P" von in Collier County, Florida: that the attached `sofa ^ra a . o• toted section 30, copy of advertising was published in said Township hi South, newspaper on dates listed. Range 26 East. , Affiant further says that the said Naples Dai Ly NOTE: All Persons wish. News is a newspaper published at Naples, in said ing to speak on any Collier County, . Florida, and that the said agenda Item must regis. ter with the County newspaper has heretofore been continuously minisirafa pria to pre - re. published in said Collier County, Florida, each sentation oiPthe agenda Item to l) addressed. day and has been entered as second class mail Individual speakers will matter at the post office in Naples, in said be limited t0 5 minutes Collier County, Florida, for a period of 1 year on any Item. The seiec. tion of an Individual to next preceding the first publication of the speak on behalf of an or- attached copy of advertisement; and affiant ganization or group is encouraged. further says that she has neither paid nor ��� 1C recog- sized the Chair, a promised any person, firm or corporation any or refund for the ��+ s L+t sp spokesperson for o oup or organization discount, rebate, commission riot' allotted 10 min- purpose of securing this advertisement for q L 0� TO t files to speak on an publiction in the said newspaper. e� O 03/30 IDS? Per Persons wishing to have PUBLISHED ON: 03/23 �� written or graphic ma. tertals includad In the NAG ,� �`s Board ocenda ackets must submit saidpmateri- ol a minimum of 3 weeks prior to the re. spective public hearing. In an case, written ma. AD SPACE: 123.000 INCH terlays intended to be con s :d bvthe Board FILED ON: 03/31/03 - - --- -- -- ------ --- -- --- °- - ------ ------- _ +— _— _-- _— ____- ------ - - -- - -- shall be submitted to the appropriate County staff a minimum of sev. en dear Prior to the - Signature of Affiant S 11 j 200 Ilc hearing. . All material used in presentations be. fore the Board be- Sworn to and Subscribed b e me i Id_ day of will � �Y ` Personally known by me Any person who decides to appeal a decision of the Hoard will need a re- ,:, 5 cord of the proceedings pertaining thereto and therefore, may need to .ensure that o verbatim Ings Is made which re- • cord Includes the testt- + mony and evidence upon which the appeal ' Is based. Any questions or con- cerns should be directed to Rick Grigg, Collier County Community De.' i ti velopment /Plannin pa y S l Section at (239) 659 -5731. . BOARD OF COUNTY y COMMISSIONERS • COLLIER COUNTY, * FLORIDA TOOMN HENNING, CHAIR- MA E. BROCK, ,:DWIGHT CLERK By: /s /Teri Michaels, Clerk ((SDepu)ty mar.2.30 No 726619 3161925 OR: 3261 PG: 2412 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/09/2003 at 02:59PH DWIGHT B. BROCK, CLERK RBC FEE 24.00 COPIES 5.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR 8 C BIT 7240 RESOLUTION NO. 2003- 140 RESOLUTION FOR PETITION AVPLAT2003- AR3636 TO DISCLAIM, RENOUNCE AND VACATE THE COUNTY'S AND THE PUBLIC'S INTEREST IN TWO 10 FOOT WIDE DRAINAGE EASEMENTS LOCATED IN TRACT "P", ACCORDING TO THE PLAT OF "TARPON BAY" AS RECORDED IN PLAT BOOK 36, PAGES 28 THROUGH 31, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, AND TO ACCEPT A 10 FOOT WIDE RELOCATION DRAINAGE EASEMENT ON A PORTION OF TRACT "P" OF SAID "TARPON BAY." LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST. WHEREAS, pursuant to Section 177.101, Florida Statutes, Michael Delate, P.E., from Q. Grady Minor & Associates, P.A., as agent for the petitioner, WCI Communities, Inc., does hereby request the vacation of two 10 foot wide Drainage Easements in Tract "P" according to the plat of "Tarpon Bay" as recorded in Plat Book 36, Pages 28 through 31, Public Records of Collier County, Florida, and to accept a 10 foot wide relocation Drainage Easement on a portion of Tract "P" of said "Tarpon Bay"; and WHEREAS, the Board has this day held a public hearing to consider vacating two 10 foot wide Drainage Easements in Tract "P," as more fully described below, and notice of said public hearing to vacate was given as required by law; and WHEREAS, the granting of the vacation will not adversely affect the ownership or right of convenient access of other property owners. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the County's easement interests over and across the following two 10 foot wide Drainage Easements are hereby vacated, extinguished, renounced and disclaimed, and this action is declared to be in the Public's interest and for the Public's benefit: See Exhibit "A" attached hereto and incorporated herein. OR; 3261 PG; 2413 r.� BE IT FURTHER RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the 10 foot wide Drainage Easement, more particularly described in Exhibit "B" attached hereto and incorporated herein, is hereby accepted as a relocation Drainage Easement for the two 10 foot wide Drainage Easements vacated herein. BE IT FURTHER RESOLVED, that the Clerk to the Board is hereby directed to record a certified copy of this Resolution in the Official Records of Collier County, Florida, and to make proper notation of this vacation on the recorded plat as referenced above. This Resolution is adopted this �4K day of 2003, after motion, second and majority vote favoring same. DATED: Cl -$ -03 ATTEST: DWIGHT E. BROCK, Clerk <; C?.,, Deputy lerk to `Chairman's ;igne a to y. Approved as to form and legal sufficiency: Patrick G. White, Esq., Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Tom Henning, Chairman Lt-?-03 EXHIBIT "A" SHEET 1 OF 2 AVPLAT2003- AR3636 ___ ° Ay POINT OF 7 R A' c �R I COMMENCEMENT SOUTHERLY R W LINE Cl �1p•R�T \ ,t.O� NORTHEAST CORNER OF 1RACT f'" +Y OF TARPON BAY, PLAT BOOK 36, ® 1YAyJ PAGES 28 -JI O' 20' 40' _ SCALE: 1" = 40' � O TRACT "P" o° (TARPON HAY, PLAT BOOK 36, PACES 28 -J1) 1" � \ i (,y v POINT OF .Q , 10 PEGINNING DRAINAGE EASEMENT TRACT "P" SOUTHERLY LINE OF y��6�0 3.27' S 85 06 04 " W �,��, ��?�� 8.4,1' ,. ,y TRACT "H» N 4833 34 W (TARPON BAY, PUT 80011 J6, PAGES 28 -JI) t oj I E AI DESrRIP7)ON 10 F-00 OF TH£ IN TRACT RECORDS'OF COLLIER TARPON COUNTY,AFLORIDA,, BEING MORE BOOK 36 PARTICULARLY DESCRIBED AS FOLLOWS-7 COMMENCE AT THE NORTHEAST CORNER OF TRACT P ", OF TARPON BAY AS RECORDED AT PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 417626" W, ALONG THE SOUTHERLY LINE OF SAID TRACT P ", FOR A DISTANCE OF 126.96 FEET* THENCE RUN N 48'33'34" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 62.21 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE N 48JJ'J4" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 8.41 FEET' THENCE RUN S 8506'04" W, ALONG SAID SOUTHERL Y LINE, FOR A DISTANCE OF 3.27 FEET' THENCE RUN N 0509'53" E FOR A DISTANCE OF 130.45 FEET TO A POINT ON THE SOUTHERLY RIGHT OF WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WIDE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR .CURVE CONCAVE SOUTH, WHOSE RADIUS POINT BEARS 5 07'19'11" W, A DISTANCE OF 160.00 FEET THEREFROM; THENCE RUN EASTERLY ALONG SAID RIGHT - OF -WAY LINE AND THE ARC OF SAID CURVE' TO THE RIGHT HAVING A RADIUS OF 180.00 FEET THROUGH A CENTRAL ANGLE OF 037125 , SUBTENDED BY A CHORD OF 10.02 FEET AT A BEARING OF S 8105'07" E, FOR AN ARC LENGTH OF 10.02 FEET TO THE END OF SAID CURVE' THENCE RUN S 05'09'53" W FOR A DISTANCE OF 134.10 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 0.030 ACRES, MORE OR LESS. THIS PROPERTY 15 SUBJECT TO EASEMENTS RESERVATIONS AND /OR RESTRICTIONS OF RECORD. BOOK JB AT PAGES 28 THROUGH 3N OF THE PUBLIC RECORDS OF COLLIERECOUNTY,RFLORIDA. IN PLAT DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF. 0. GRADY M1NOR Ec ASSOCIATES, P.A. z / a /'�2 QJ'" � 2' , P. S.M. #5223 ERIC V. SANDOVAL STATE OF FLORIDA f NOT A SURVEY " DRAWN BY tEc LEGAL DESCRIPTION AND SKETCH Q, CRADy00B W ASSOCIATES P,A TARPON BAY CIVIL ENGINEERS ■ LAND SURVEYORS ■ PLANNERS 10' WIDE DRAINAGE EASEMENT J800 HA DEL R£Y SECTION J0, TOWNSHIP 48 SOUTH RANGE 26 EAST, BONIM SPRING$ FLORIDA J41J4 COLLIER COUNTY, FLOkIDA PHONE : (739) 947 -1144 FAX : (239).9477-017750; DATE.- OCTOBER 2002 JOB CODE.- TB.R2 DWG: B -2287 C£RTTFICATE OF AUTHORIZA110N NUMBER L.B. 5151 CURIE DATUM CURVF RADIUS LENGTH DATA CHORD BE mi Lm Cl 180.00' 1 . ,11 12V W N N rF� F� 1 S 81 i75 07" E W N N rF� F� EXHIBIT "A" SHEET 2 OF 2 AVPLAT2003- AR3636 POINT OF ® COMMENCEMENT 0' 25' 50' NORTH NORTHEAST CORNER OF TRACT SCALE. f" = 50' TARPON BAY DRIB _ OF G£S 28 -JAY, PLAT BOOK 36, -rA we) w (40' Ricrlr -ot' W \\ \ SOUTHERLY RIW LINE c� LA Z „ w TRACT P W (rAW W BAY, PCAr BOW A PACES 28-Jr) m EASEMENT 10, OR04AGE w POINT OF BEGINNING S S UHE Or TRACT S 85'06'04” W S 83'26'331 W 63.07 70.74 S 62UY 37" W 0.37' y- 5 621 Zti GA Q �� +r0 0 TRACT "H" (rAvw sAr, PU r Boar J4 -ca 78-Jf) CURVE DATUM CURVE C1 RADIUS 255.00 GTH 10.00 DELTA 0274'49 CH 10.00 BEARING N 742530" E LEGAL DESCRIPTION i A 10 FOOT WIDE STRIP OF LAND LOCATED IN TRACT P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS COMMENCE AT THE NORTHEAST CORNER OF TRACT "P ", OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH if OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 412626" W, ALONG THE SOUTHERLY LINE OF SAID TRACT 'P ; FOR A DISTANCE J26.96 FEET• THENCE RUN N 48;3334" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 70.62 FEET, THENCE RUN S 8506'04' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 63.07 FEET' THENCE RUN S 832633' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 70.74 FEET- THENCE RUN S 62J937" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 0.37 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CON77NUE S 623937" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 10.21 FEET' THENCE RUN N 153430" W FOR A DISTANCE OF 135.57 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WOE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, WHOSE RADIUS POINT BEARS S 16'41'55" E, A DISTANCE OF 255.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 027449" SUBTENDED BY A CHORD OF 10.00 FEET AT A BEARING OF FOR 4A DISTANCE OF 133.49 FEETGTo rHE POINT OF BEGINNING END OF THE APARCEL OF LAND HEREIN S 153430" E DESCRIBED, CONTAINING 0.031 ACRES, MORE OR LESS. THIS PROPERTY /S SUBJECT TD EASEMENTS RESERVAnONS AND /OR RESTTICT70NS OF RECORD. BEARINGS HEREON REFER TO TARPON BAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF. 0. GRADY MINOARCj& ASSOCIATES P.A. SIGNED 10 - 2 1- O � P.S.M. J5223 ERIC V. SANDOVAL STATE OF FLORIDA —' * NOT A SURVEY * DRAWN BY LEc Q. CRADY�I'OR AND AS.SOCIATFS; P.A LEGAL DESCRIPTION AND SKETCH TARPON BA Y CIVIL ENGINE&W • LAND SURVEYORS • PLANNERS 10' WIDE DRAINAGE EASEMENT 3800 NA DEi REY S£C77ON 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST BONITA SPRINGS, FLORIDA 34/34 COLDER COUNTY, FLORIDA PHONE : (1 947- -4 FAX : (239) 947 -OJ75 DATE.. OCTOBER 2002 JOB CODE., TB. R2 DWG: B -2287 (1) CfR17nCAIF OF AUTHORIZARON NUMBER L.B. 5151 Ql' � a W N �!1 EXHIBIT 'B" SHEET 1 OF 1 AVPLAT2003- AR3636 POINT OF ® COMMENCEMENT 0' 25' 50' NORTHEAST CORNER OF TRACT P" SCALE 1" = 50' TARPON BAY DRIVE NORTH OF TARPON BAY, PLAT BOOK 36, PAGES 28 -31. TRACT 8 �\ R/µ' LINE (40' RIGHT -OF -WAY) � SpUT}{ERLY � c2 n ; TRACT "P" - �a (rARPOV BAY, PLAT BOOK X. PAR'S 2B-JT) TIN 10' DRAINAGE EASEMENT 0 43.68' „ o_ S 83'26'33 W SOUTHERLY LINE OF TRACT P. S 85'06'04" W 63.07' POINT OF S 83 2` W n L►r raTaTTAT/ 10• LEGAL DESCRIPTION a4 6 1 6� TRACT "H" (TARPON BAY, PLAT BOOK J4 PARS 28-JT) CURVE DATUM CURVE RADIUS LENGTH I DELTA I CHORD I RING C2 25500 J0.20 021731 " 10.20' 1 N 74-04.33" E A )0 FOOT WIDE STRIP OF LAND LOCATED IN TRACT "P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE AT THE NORTHEAST CORNER OF TRACT P" OF TARPON BAY, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 412626" W, ALONG THE SOUTHERLY LINE OF SAID TRACT P ", FOR A DISTANCE 126.96 FEET' THENCE RUN N 4833'34" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 70.62 FEET' THENCE RUN S 8506'04' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 63.07 FEET,' THENCE RUN S 8326'33' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 43.68 FEET TO THEPOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S 8326'33" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 10.69 FEET' THENCE RUN N 27'17'17" W FOR A DISTANCE OF 138.83 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WIDE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST WHOSE RADIUS POINT BEARS S 1641'55" £, A DISTANCE OF 255.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 02'1731 ; SUBTENDED BY A CHORD OF 10.20 FEET AT A BEARING OF N 74 "04'33" E FOR AN ARC LENGTH OF 10.20 FEET TO THE END OF SAID CURVE, • THENCE RUN S 27'1717" E FOR A DISTANCE OF 140.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 0.032 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS RESERVATIONS AND /OR RESTRICTIONS OF RECORD. BEARINGS HEREON REFER TO TARPON BAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THER&q):; t+i 0. GRADY MINOR do ASSOCIATES, P.A. ;".•�V61c SIGNED /O _ 2 9.0 C c 2 2 V - P. S. M, jS2 ERIC V. SANDOVAL STA7L<<'OF NOT A SURVEY DRAwN BY REC 'LEGAL DESCRIPTION AND SKETCH 4LPCHON7E L OR AND A3SOCIATNST PA TARPON BAY ■ LAND SURVEI7)RS ■ PLANNERS IO' WIDE DRAINAGE EASEMENT 00 VIA OfL R£Y SECTION 30, TOWNSHIP 48 SOUTH, RANG£ 26 EAST, SPRINGS, FLORIDA J41J4 COLLIER COUNTY, FLORIDA : (239) 947 -1144 FAX : (239) 947 -0375 fRfICAIE OF AUTHORIZATION NUMBER L.B. 5151 DATE. OCTOBER 2002 JOB CODE. TB. R2 DWG 8 -2287 (2) �J W N Ql F� N F._.1 d'1 This instrument prepared by: Stephen C. Pierce, Esquire 24301 Walden Center Drive Bonita Springs, Florida 34134 Parcel ID #76446000889 3162771 OR: 3262 PG: 3076 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/10/2003 at 02:23PR DWIGHT B, BROCK, CLERK RIC FEE 15.00 DOC -.10 ,10 COPIES 3100 Retn: CLBRR TO THE INTEROFFICH H %T 1240 DRAINAGE EASEMENT BOARD 4TH FLOOR ru THIS EASEMENT, granted this C/ day of January, 2003, by WCI COMMUNITIES, INC., a Delaware corporation, whose address is 24301 Walden Center Drive, Bonita Springs, Florida, 34134 (the Grantor) to the BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, AS THE GOVERNING BODY OF COLLIER COUNTY AND AS EX- OFFICIO THE GOVERNING BOARD OF THE COLLIER COUNTY WATER -SEWER DISTRICT, whose address is 3301 East Tamiami Trail, Naples, Florida 34112, its successors and assigns (hereinafter referred to as "Grantee "). WITNESSETH: That the Grantor for and in consideration of the sum of ten dollars ($10.00) and other good and valuable consideration paid by the Grantee to the Grantor, the receipt of which is hereby acknowledged, hereby conveys, grants, bargains and sells unto the Grantee, a perpetual, non - exclusive easement, license, and privilege to enter upon and install, operate, repair and replace drainage facilities, on, over and under the following described lands being located in Collier County, Florida. Grantor agrees for itself, its successors and assigns, that it will be responsible for the cost of any and all repairs, replacement, maintenance or restoration of improvements or landscaping installed by the Grantor within the easement area, to wit: See Exhibit "A" (Sketch #B- 2287(2)) attached hereto and made a part hereof; TO HAVE AND TO HOLD the same unto the Grantee, together with the right to enter upon said land, to excavate, and take materials for the purpose of constructing, operating, repairing, and replacing the drainage facilities thereon. Grantors and Grantee are used for singular or plural, as the context requires. Grantee agrees that it will take no action on or with respect to the easement property which will unreasonably interfere with Grantor's use of the easement property. This easement shall be a covenant running with the land and shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. IN WITNESS WHEREOF, the Grantor has caused these presents to be executed the date and year first above written. Witnesses: WCI COMMUNITIES, INC., a Delaware corporation (, (? c_ Printed Name Ann C. RocZko Printed N e Mary S. Cook Legal /TaiponBay/TractP- DmgEsmt(B- 2287 -2) ver.2 By: p n C. Pierce Its: Vic President (CORPORATE SEAL) OR; 3262 PG; 3077 STATE OF FLORIDA COUNTY OF LEE The foregoing Drainage Easement was acknowledged before me by Stephen C. Pierce as Vice President of WCI Communities, Inc., a Delaware corporation, on behalf of said corporation. He is personally known to me. Cam WITNESS my hand and official seal this / day of January, 2003. Notary Public n Print name: 1)4n My Commission Expires: 6' a O`F d G ROCZKO `�h y, COMMIS54L' NUUBER CC84 M 4 Y QQ MY WMI,"iS 74 ?MES OF FG 2 Legal /TarponBay/TractP- DrngEsmt(B- 2287 -2) ver.2 0' 25' 50' SCALE: 1 " = 50' TARPON BAY DRIVE TRACT B (40' RIGHT -OF -WAY) SOUTHERLY R/W LINE G� N � NORTH TRACT "P" (TARPON BAY, ALAI BOOK 36, PAGES 28 -31) 10' DRAINAGE EASEMENT 117" * ** OR: 3262 PG: 3078 * ** EXHIBIT 8C POINT OF C0MMENCEMEN7 NORTHEAST CORNER OF TRACT "P" OF TARPON BAY, PLAT BOOK 36, - 1 PAGES 28 -31. l 1 S 833» W 10.69 LEGAL DESCRIPTION Y LINE OF TRACT S 85'06'04" W 63.07' POINT OF BEGINNING 6� � TRACT "H" (TARPON BAY, PLAT BOOK 36, PAGES 28 -31) CURVE DA TUM CURVE I RADIUS I LENGTH I DELTA I CHORD BEARING C2 255.00 1 10.20' 1 02'17',31" 1 10.20' IN 74104'33" E A 10 FOOT WIDE STRIP OF LAND LOCATED IN TRACT "P" OF TARPON BAY AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCE A T THE NOR THEAS T CORNER OF IRA C T "P " OF TARPON BA Y, A S RECORDED IN PLA T BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN S 412626" W, ALONG THE SOUTHERLY LINE OF SAID TRACT "P'; FOR A DISTANCE 126.96 FEET; THENCE RUN N 483334" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 70.62 FEET; THENCE RUN S 85'06'04' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 6307 FEET; THENCE RUN S 832633' W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 4368 FEET TO THEPOINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED; THENCE CONTINUE S 832633" W, ALONG SAID SOUTHERLY LINE, FOR A DISTANCE OF 10.69 FEET' THENCE RUN N 27'17'17" W FOR A DISTANCE OF 138.83 FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY LINE OF TARPON BAY DRIVE NORTH (A 40 FOOT WIDE RIGHT -OF -WAY), THE SAME BEING A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHEAST, WHOSE RADIUS POINT BEARS S 16'41'55" E, A DISTANCE OF 255.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE AND THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 255.00 FEET, THROUGH A CENTRAL ANGLE OF 02'1731'; SUBTENDED BY A CHORD OF 10.20 FEET AT A BEARING OF N 74'04'33" E FOR AN ARC LENGTH OF 10.20 FEET TO THE END OF SAID CURVE; THENCE RUN S 27'17'17" E FOR A DISTANCE OF 140.60 FEET TO THE POINT OF BEGINNING OF THE PARCEL OF LAND HEREIN DESCRIBED, CONTAINING 0.032 ACRES, MORE OR LESS. THIS PROPERTY IS SUBJECT TO EASEMENTS, RESERVATIONS AND /OR RESTRICTIONS OF RECORD. BEARINGS HEREON REFER TO TARPON BAY, ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 36 AT PAGES 28 THROUGH 31 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. DISTANCES HEREON ARE IN FEET AND DECIMALS THEREOF.. 0. GRAD Y MINOR & ASSOCIATES, P.A. ` SIGNED l0 - 9 O 2 ` V - P. S. M. -f5223 - - ERIC V. SANDOVAL STATE OF FLORIDA, NOT A SURVEY # DRAWN BY REG . GRADY MINOR AND ASSOCIATES P. � �G�' DESCRIPTION AND SKETCH 1 TARPON BA Y CIVIL ENGINEERS ■ LAND SURVEYORS m PLANNERS 1 WIDE DRAINAGE EASEMENT 3800 VIA DEL REY SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST, A BONI TA SPRINGS, FLORIDA J4134 COLLIER COUNTY, FLORIDA PHONE : (239) 947 -1144 FAX : (239) 947 -0375 DATE: OCTOBER 2002 JOB CODE.• TB. R2 DWG: B -2287 (2) CERTIFlCAiE OF AUTHORIZATION NUMBER L.B. 5151 RESOLUTION NO. 2003 -141 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPOINTING AND REAPPOINTING MEMBERS TO THE ENVIRONMENTAL ADVISORY COUNCIL. WHEREAS, on January 27, 1999, the Board of County Commissioners of Collier County adopted Collier County Ordinance No. 99 -6 creating the Environmental Advisory Council; and WHEREAS, Collier County Ordinance No. 99 -6 provides that the Environment Advisory Council shall consist of 9 members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. John "Ed" Carlson is hereby reappointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2007. 2. Michael V. Sorrell is hereby reappointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2007. 3. William W. Hughes is hereby appointed to the Environmental Advisory Council for a 4 year term, said term to expire on April 13, 2007. BE IT FURTHER RESOLVED that the Board of County Commissioners of Collier County hereby waives the provisions of Section Five D. of Ordinance No. 2001 -55, relating to a limitation of service to two committees simultaneously, for the purpose of reappointment of John "Ed" Carlson to this Committee. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2003 ATTEST:....... DWI IT . 'Bit ,CK, -Clerk +�+3 tinaan's wml�, Approved as to form and legal sufficiency: David C. Weigel County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By: � JA,�� TOM HENNING, thairman 4-18 -CB an RESOLUTION NO. 2003 -142 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS APPOINTING AND REAPPOINTING MEMBERS TO THE IMMOKALEE ENTERPRISE ZONE DEVELOPMENT AGENCY WHEREAS, the Board of County Commissioners of Collier County, Florida adopted Ordinance No. 95 -22 establishing the Immokalee Enterprise Zone Development Agency pursuant to Section 290.001, et seq., Florida Statutes; and WHEREAS, Ordinance No. 95 -22 provides that the Immokalee Enterprise Zone Development Agency shall consist of not fewer than eight (8) or more than thirteen (13) members; and WHEREAS, there are currently vacancies on this board; and WHEREAS, the Board of County Commissioners previously provided public notice soliciting applications from interested parties. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that: 1. Ira J. Malamut, representing the category of non - profit community based organization, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 2. Jerry Hubbart, representing the category of Business operating within the Zone, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 3. Al Neuman, representing the Private Industry Council, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 4. John Kirchner, representing the Immokalee Chamber of Commerce, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 5. H.B. Benny Starling, Jr., representing the category of Business operating within the Zone, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 6. Floyd Crews, representing both the residential and business category, is hereby reappointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 7. Rick Torres, representing the code enforcement category, is hereby appointed to the Immokalee Enterprise Zone Development Agency for a 4 year term, said term to expire on April 4, 2007. 8. Sgt. James Mansberger, representing the category of law enforcement, is hereby appointed to the Immokalee Enterprise Zone Development Agency to fulfill the remainder of the vacant term, said term to expire on April 4, 2006. This Resolution adopted after motion, second and majority vote. DATED: April 8, 2003 ATTEST: DWIGHT E. BROCK, Clerk t _ Vrian ' s �' Approved as to form and legal sufficiency: David C. Weigel County Attorney DCW /kn: h;public; kay;advisoryboards lu 9C BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA By. t:��nN� TOM HENNING, Chairman y, 8 -03 WIN DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 WV Baker Carroll Point Properties C/O Vanderbilt Towers II 3 Bluebill Avenue Naples, FL 34108 Collier County Board of Commissioners President Henning Commissioners Coletta, Coyle, Fiala, Halas 3301 Tamiami Trail E Naples, FL 34112 April 8, 2003 Re: Vanderbilt Beach Beautification MSTU Enclosed please find petitions from owners of taxable property located in the Baker Carroll Point community, requesting that the boundaries of the VBBMSTU be redefined to exclude all of Baker Carroll Point. The reasoning supporting this request is stated in the petition, and summarized below. Baker Carroll Point is located at the Northwest sector of the MSTU. It consists of about 40 acres, 10 buildings, and approximately 700 condo units. The community is unique, in that our gated property has no frontage on any road that can benefit from MSTU projects. It is estimated that the properties contributed, through ad valorem tax assessment, approximately $70,000 in the 2002 tax year to the VBBMSTU. It has recently been confirmed by Mr. Richard Lydon, Chair of the VBBMSTU Advisory Committee, that none of the tax funds appropriated from this levy can be expended for projects within our property boundaries, because we are a private, gated community. We have our own system of streets and street lighting, and maintain our own landscaping, without taxpayer support. We are placed in the unprecedented circumstance of being taxed for a service we cannot receive. It has been stated that we would indirectly benefit from the improved ambience of expanded sidewalks, lighting and landscaping, perhaps even underground utility lines, in adjoining neighborhoods. With all due respect, that makes no more sense than paying a tax for fire protection, but having the firefighting or EMS service undeliverable to our community. Examine every line item in our respective property tax bills, and we do, or can, directly benefit from each tax - -- except the VBBMSTU!! We believe it is only fair and equitable for the boundaries defined in Collier County Statute 2001 -043 to be redrawn, excluding Baker Carroll Point. Imposition of a tax from which we are, by statute, precluded from benefit, is in direct contradiction with the fundamental principles of our nation's taxation concept. It is most sincerely our wish that this matter be addressed and resolved on the merits of the reasoning we have set forth, and the expressed wishes of the property owners. None of us had any voice in the formation of the tax unit. There was no notification that it had occurred until a mailing was received this March, announcing a VBBMSTU Advisory Committee meeting on 11 March 10. At least one vacancy on the committee has been filled without any notice nor invitation to participate in the process. We further request to be advised of the date when this matter will be addressed as an agenda item at a forthcoming Collier County Board of Commissioners scheduled meeting. Respectfully submitted, President, Vanderbilt Towers I President, Vanderbilt Towers III Pres e V erbi t Towers II oe 4iven(t', Surf Colony I v� President, Surf Colony II residen , urf Colony III re dent, GPI Pres' ent, Bay Point I & II - \ Taxpayer petitions (President Henning only) Chairman Lydon letter of March 20, 2003 Collier County Statute 2001 -043 Exhibit A — VBBMSTU Boundaries 11 March 20, 2003 V and ef&et BeacA M.S.T.Up Adviswy Comind ifee 2685 Horseshoe Drive South Naples, FL 34104 Mr. David A. McElvain 3 Bluebill Ave. #701 Naples, FL 34108 Dear Mr. McElwain: Thank you for your letter of March 12, 2003 that finally reached me last night before the meeting. I appreciate your comments at the meeting and your concerns relating to the "return on investment" by the residents of Baker Carroll Point. A reading of the ordinance covering our MSTU would, unfortunately, not permit money to be spent within a gated community. I do believe that many of the other projects that we discussed last night will go far in making our community a better place to live and help maintain the value of our properties. Sidewalks on Gulf Shore Drive, traffic calming, the burial of utility lines and the creation of a master plan for our area seem to me to make good sense for all involved. You are well aware that the "jury is still out" on the beach access and turnaround. You also understand that the MSTU committee "does not have a dog in the fight" relative to this but are concerned about the aesthetics if it comes to pass. Thanks again for expressing your concerns and those of your neighbors and ask that you continue to work through your association to give us future guidance. Cordially yours, Richard E. Lydon Chairman Cc: Bob Petersen, Barbara Chesney, X car,%. � vi ✓ k A�. 1 v Bzhibi# IFA'r All of that prapariy lging wadarly of the centerline of Vendarbitt Udvo tt54m Vwderbilt Beaah Road rmrih to the cantarlim of the Lillis Horse Paee Bridge (Colltar County 13ridge No. 030177); thancar waitarly akmg the meander lino of the Coaohatohee Rhea until it meets the Gulfof Mexico. Said lands being more fatly depicted on the drawing below: http: / /www. clerk. collier. fl. us / scripts /LF WebLink .exe /weblink/browser.html ?doc= 11500 &typ... 3/18/03 PETITION We, the undersigned property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address J�� Q i 7 �. 7G� _3 PETITION G 11 We, the undersigned property owners of Baker,Carroll Point (BCP) condominiums, hereby petition the Collier County-Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address VII hL 4-/t) I cn�-' Ale.? /�k r// 14 r7 o C AL Joe L top r, tr PETITION We, the undersigned property owners of Ba4er.Carroll Point (BCP) condominiums, hereby petition the Collier County -Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address _.i_1�. de -114 L C ; t n I t t, `P PETITION 11 . We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address 'f 7 �L UE 131LL � 4q 63 ce -'goo br t 7/ A°� re �. - •' `" .rte.. - " rz ;L << A L< r I rr x,30 -7f N l•l 1 l it f� Cl �i PETITION We, the undersigned property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address 'T-FA r � L C% ree .V VU4 �tt-1 xk� i� f�jlcti ��i/ r ZT r-�-A _ A 66 PETITION lI We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County -Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the•benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address Z � T`- f9 v X60 nl _�e� Lj C". 2_ 2L_ ­ pt� 1 q / r _ -- _ ,J? I PETITION I I We, the undersigned property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address - % ( 'T PETITION We, the undersigned property owners of Baker :,Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, sated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address M2- PETITION 1 We, the undersigned property owners of Baker,Carroll Point (BCP) condominium , hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address PETITION We, the undersigned property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. 11 Aa ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. P BCP Address 3 W3 - ( 1 r, J? - -- +� PETITION is We, the undersigned property owners of Baker Carroll Point (BCP) condominiums, hereby petition the Collier County -Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, zated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address All, Id/ C' iI PUST AA) ' At . fXl� .yv4` PETITION We, the undersigned property owners of Baker .Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, zated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address a" PETITION We, the undersigned property owners of Barer Carroll Point (BCP) condominiums, hereby petition the Collier County-Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community- The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be`effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address 7 4c, u - .'-i_n.4 _ PETITION LV t.� We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address QA j 'r r ',� /7 ---' / L.=i /./ a y: ♦.•_" !- /_ � _� PETITION We, the undersigned property owners of Balker .Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address go ,�� - - - -- - - -- - - - - - -- _ —_ PETITION We, the undersigned property owners of Baker•Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traf lc calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be "effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. BCP Address - PETITION We, the undersigned property owners of Ba4er.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a Drivate,_rated communi . The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address PETITION We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorem tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be'effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address ilk - _ r , 1 yy V n PETITION We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. 11 An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address kLI . a / a __.___ _ - -- _ - _ _. _S�/.�s�Il�r�G � ��.�C�a c� ©� Dar. �l�a,�c� �d`'✓�` _ ,c%z�'�A �G _ -- - - - - -� - - 7o t .Z C3 EB��- ASE !1%APGFS J 4' . 3y t oR _— 0, r'�e 4 — ----- - - -_-- (mil/ PETITION We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County -Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. 11 An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name BCP Address 1J n� V { Cti ��rt� V 7+1 p P7`/ Vr._ -- BL UCeIL L PETITION We, the undersigned property owners of Baker,Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50 per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. ame BCP Address A ✓ F 1 U PETITION 11 We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition.the Collier County.Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $.50/per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from the'henefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name �t "�_ --e<- eat c,✓ BCP Address J five- 1 o�5_ X13 -17 S(��k t -0Q(, 1 .5 -7 - -Xy3o 571 - Yd1-13 PETITION We, the undersigned property owners of Baker.Carroll Point (BCP) condominiums, hereby petition the Collier County Board of Commissioners to redefine the boundaries of the Vanderbilt Beach Beautification MSTU, created by Ordinance 2001 -43. An ad valorum tax of $:50./per $1000 was approved in September 2002, resulting in an estimated $70,000 levy on Baker Carroll Point properties last year. The Chairman of the Advisory Committee has acknowledged that none of the services for which said MSTU was established, namely curbing, watering, landscaping, traffic calming, street lighting, sidewalks, can be provided for our BCP properties because we are a private, gated community. The tax action taken is therefore patently unfair on its face, and very likely illegal. By definition, we are precluded from tbe'benefits for which the MSTU was created. We therefore request your action, to be effective no later than the current tax year, to redefine the boundaries of the said MSTU to exclude Baker Carroll Point. Name _ -- ! -- - - - - -- -- - - emu' j /ate a'L� 7 LjCher ,,Z v BCP Address j, <. Marco's council considers putting legal work out to bid Page 1 of 7 12 ❑Site sections... `` [ ❑Front page I Classified i GoShopNaples (Y nanlPCnaws cnm ❑ Fx! Marco I Naples Daily News Mlartha i F1 Marco-front I Marco a.rchiv_e I help Marco's council considers t�* MARCO I putting legal work out to bid REAL ESTATE ) HomeSeller Find the home Monday, March 24, 2003 that's right for you By I.M. STACKEL, im._.stackel @naplesnews..c_om RESTAURANTS: Restaurant It's nothing personal, but Marco Island City Council members want to Guide explore their attorney options. A complete list of Marco Island area Their contract with Rich Yovanovich and Goodlette, Coleman & restaurants Johnson expires in May and city leaders are talking about putting the contract out to bid. Classified Southwest Florida's Job Up until December, when he left to become in -house attorney for Leader! Sanibel Island, Ken Cuyler was Marco's only attorney since the city Top Jobs incorporated in 1997. Hot Properties Hot Cars He was with Roetzel & Andress at the time, and when he moved over to Goodlette, Coleman & Johnson, the city contract moved with him. Cuyler billed the city for $165 per hour. Yovanovich said that rate will likely increase to $175 with a new contract, and Monday night, City Council members said maybe it's time to see who and what else is out there and available to them. _'; E X H I B I T "After five years, we probably ought to find out — for business purposes 1:2A dcc alone — what other firms are interested, and request proposals for their services," said Councilman Heyward Boyce. Councilwoman Jeannette Patterson, an attorney, said she wouldn't mind looking into hiring in -house counsel, "maybe someone who lives on the island," she said. 't 1, Outgoing Council Chairman Glenn Tucker, also an attorney, noted that every legal services contract has a 60 -day cancellation clause. However, while Marco continues to grow as a city, council members S ought to at least consider the financial feasibility of an in -house attorney, Tucker said. fi le:HC:\ Documents %20and%20Settings \palmer_t\ Local% 20Settings \Temporary%20Intern... 3/28/2003 Marco's council considers putting legal work out to bid New Council Chairman Mike Minozzi supported the idea of a feasibility study, but said the council should at least requisition a report on how much Marco has paid out in legal fees for the past few years. That report will be presented to council members at their April 7 meeting. Finance Director Bill Harrison on Thursday said Marco paid Goodlette Coleman $87,083 in 2001, $97,402 in 2002 and has already paid $52,673 since the start of the 2002 -03 fiscal year that started Oct. 1. But Goodlette Coleman is not the only firm that got Marco's legal business. Litigation over the Cape Marco development at the south end of the island cost Marco $35,749 in 2001, $62,142 in 2002 and $4,108 since Oct. 1. The case has since been resolved. Rising legal fees resulting from Marco's tenuous relationship with Florida Water Services has already cost the city $489,122: $48,477 in 2001, $130,572 in 2002 and $310,073 since Oct. 1. Marco has also paid out $46,772 to law firm Allen, Norton to negotiate union contracts: $16,397 in 2001, $29,943 in 2002 and $432 since Oct. 1. "Staff expertise developed during this process will reduce the need for outside legal work in future negotiations," Harrison said of the labor fees. Naples recently explored its options, and interviewed several attorneys for in -house counsel instead of using Roetzel & Andress, although it was primarily because Beverly Grady could no longer serve as Naples' city attorney. They ultimately stayed with the law firm. Marco could save some money by hiring in -house counsel. According to Jim Isom, Sanibel's manager of administrative services, Cuyler's salary and benefits are as follows: $120,000 annual salary, $1,500 monthly housing allowance, $500 monthly car allowance plus health benefits and a 13.9 percent retirement package. Sanibel incorporated in 1974 and has 125 full -time employees, Isom Friday. Harrison said he's worked with in -house counsel and he's worked with law firms and they both have their strengths and weaknesses. Contracting with a law firm gives a city a complete legal staff. In -house counsel means Marco wouldn't have to share time with other clients, he Page 2 of 7 �ID file: //C:\ Documents %20and %20Settings \palmer_t\ Local% 20Settings \Temporary%20Intern... 3/28/2003 This instrument prepared by: Janet Powers, Operations Manager Code Enforcement 2800 N. Horseshoe Drive Naples, Florida 34112 (239) 403 -2440 SATISFACTION OF LIEN This is to certify that the claim of lien in the sum of Seven Hundred and Eighteen Dollars and Ten Cents ($718.10), arising out of the Code Enforcement Board Order Imposing Fine /Costs/Lien dated May 30, 2002 recorded in O.R. Book 3052 Page 1974, and re- recorded in O.R. Book 3077, Pages 1319, et. seq., of the Public Records of Collier County, Florida against the following described real property, and all other real and personal property, located in Collier County, which is owned by Rocco LacQuaniti has been satisfied in full. Lots 47 and 48, Block 16, of NAPLES PARK UNIT ONE less the North 10 feet thereof, according to the plat thereof as recorded in Plat Book 1, Page 106, of the Public Records of Collier County, Florida Folio No. 62429080005 The undersigned is authorized to and does hereby release this lien as to the whole of the above - described real property, and all other real and personal property owned by Rocco LacQuaniti, and consents to this lien being discharged of record. Dated this R day of W 2003. ATTEST: DWIGIIT,E'.•�R`bCK, Clerk By: Deputy C erk lRt *it ass Chair man's sa any. Approved as to form I A legal suffici c V Ellen T. Chadwell Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 TOM HENNING, Chairman 14 -$ -03 * ** 3161918 OR; 3261 PG: 2405 RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL 04/09/2003 at 02:55PH DWIGHT E. BROCK, CLERK REC FEE 6.00 COPIES 1.00 Retn: CLERK TO THE BOARD INTEROFFICE 4TH FLOOR E %T 7240 16G' RESOLUTION NO. 03- 133 RESOLUTION TO AUTHORIZE FINAL ACCEPTANCE OF THOSE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS IN TIBURON - THE NORMAN ESTATES AT PELICAN MARSH UNIT TWENTY THREE, RELEASE OF THE MAINTENANCE SECURITY, AND ACCEPT THE MAINTENANCE RESPONSIBILITY FOR THE ROADWAY, DRAINAGE, AND WATER AND SEWER IMPROVEMENTS THAT ARE NOT REQUIRED TO BE MAINTAINED BY THE PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT WHEREAS, the Board of County Commissioners of Collier County, Florida, on October 15, 1998 approved the plat of Tiburon - The Norman Estates at Pelican Marsh Unit Twenty Three for recording; and WHEREAS, the Developer has constructed and maintained the roadway, drainage, and water and sewer improvements in accordance with the approved plans and specifications and as required by the Land Development Code (Collier County Ordinance No. 91 -102, as amended), and the Utilities Standards and Procedures Ordinance (Collier County Ordinance No. 97 -17); and WHEREAS, the Developer is requesting final acceptance of the roadway, drainage, and water and sewer improvements and release of his maintenance security; and WHEREAS, the Compliance Services Section of the Development Services Department has inspected the roadway, drainage, and water and sewer improvements, and is recommending acceptance of said facilities. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance is hereby granted for those roadway, drainage, and water and sewer improvements in Tiburon — The Norman Estates at Pelican Marsh Unit Twenty Three, and authorize the Clerk to release the maintenance security. BE IT FURTHER RESOLVED AND ORDERED that the County accept the future maintenance and other attendant costs for roadway, drainage, and water and sewer improvements that are not required to be maintained by the Pelican Marsh Community Development District. This Resolution adopted after motion, second and majority vote favoring same. DATA AT,ThST. DWIGHT E. BROCK; CLERK Attist; as to Chai rerun' s signature only. Approved as to form and legal Vfficie ` %� et ,' ►k 1 71 � Patrick G. White Assistant Collier County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, 4.3 16A4 "` CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this eday of I—, i 2003, between Long Bay Partners, LLC, a Florida Limited Liability Company, hereinafter referred to as "Developer ", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "The Board ". RECITALS: A.. 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 Mediterra Phase Three East — Unit One. B. Division 3.2 of the Collier County Land Development Code requires the Developer to post appropriate guarantees for the construction of the improvements required by said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the construction of the required improvements. NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants hereinafter set forth, Developer and the Board do hereby covenant and agree as follows: 1. Developer will cause to be constructed: The paving, drainage, potable water, irrigation water, sanitary sewer and street lighting improvements for Mediterra Phase Three East — Unit One within eighteen (18) months from the date of approval of said subdivision plat, said improvement hereinafter referred to as the "required improvements." 2. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a part hereof) $4,331,848.00, which represents ten percent (10 %) of the total contract cost to complete construction plus one hundred percent (100 %) of the estimated cost to complete the required improvements at the date of this Agreement. 41212003- 113657 Ver 02!- LMARTIN C-3 02934-051-002- ECOR- 18951 Pagel of 4 3. 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 subdivision performance security to insure satisfactory completion of the required improvements. 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 been 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 (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of its preliminary approval of the improvements; or b) notify the Developer in writing of its 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 event shall the Development Services Director refuse preliminary approval 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 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 remaining ten percent (10 %) of the subdivision performance security. 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. 7. Six (6) months after the execution of this Agreement and once within every six (6) months thereafter the Developer may request the Development Services Director to reduce the dollar amount of the 313112003- 113657 Vec 02!- LMARTIN CA.3 02934-051-002- ECOR- 18951 Page 2 of 4 16A4 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. 8. 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. 9. 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. 3/31/2003- 113657 Ver. 02!- LMARTIN CN 3 02934. 051 -D02- ECOR- 18951 Page 3 of 4 b" A IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representatives this Z day of 4 PR I L. , 2003. Signed, Sealed and Delivered in the presence of- Si' azure 0�,Lnr,c Printed or typed name Signure Printed or typed name ATTEST :` DWIGHT E. BROCK, CLERK Ja� Deputy Clerk AtUst"im, to..Ch�l r®an's Vp ved as form and legal sufficiency: Patrick G. White Assistant Collier County Attorney 3/3112003- 113657 Ver 02!- LMARTIN CA.3 02934- 051 -002- ECOR- 16951 DEVELOPER: LONG BAY PARTNERS, LLC A Florida Limited Liability Company By: /� " 7 -0 /� 6 — Z' a id H. Graham, Vice President �% Bonita Bay Properties, Inc., The Managing Member of Long Bay Partners, LLC a Florida Limited Liability Company BOARD OF COUNTY COMMISSIONERS OF COLLIER C (JNTY, FL DA o By: Tom Henning, Chairman gtgla3 Page 4 of 4 WilsonMiller, Inc. Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans Summary Earthwork Drainage Sanitary Sewer Potable Water Irrigation Paving Landscape Lighting $ $628,304 $ $350,249 $ $679,365 $ $373,290 $ $336,950 $ $700,301 $ $532,085 $ $225,000 Miscellaneous $ $112,500 Total: $3,938, Required 110% Total: r— $4,331,848 1 JOHN C. ENGLISH, P.E. /a y,.�03 LICENSE # 56171 WILSON MILLER, INC. -FL LIC. #LC- C000170 3/28/2003 - 120602 Ver:1- RRacent CA#43 02934- 051 -002 - E1 SDC - 26970 Notes: 1. Lake excavation estimated quantity reflects 20 -feet deep lake section. 2. Unit price costs for Lake Excavation have been excluded from this cost estimate. Pursuant to LDC Section 3.5.10.1.2 a separate Performance Bond shall be posted. 3128/2003 - 120602 Ver:1- RPiacent CA#43 02934 -05 1-002 - E1 SDC - 26970 WilsonMiller, Inc. 2 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One 16A4 Final Subdivision Plans Earthwork Estimated Description Quantity Unit Unit Price Amount Clearing and grubbing (Grind on -site) 173.8 AC $1,800.00 $312,840.00 Lake Excavation (Unclassified) 838,303 CY $1.50 N/A Fill (compacted in- place) (Right -of -Way and Easements Only) 180,000 CY $1.50 $270,000.00 Fill (compacted in- place) (PS #1 Maintenance /Project Construction Access Drive) 1,300 CY $1.50 $1,950.00 Perimeter Berm Grading 13,850 LF $2.50 $34,625.00 Swale Grading 812 LF $2.00 $1,624.00 Install Temporary Silt Fence for Conservation Area 7,265 LF $1.00 $7,265.00 Earthwork Total $628,304.00 Notes: 1. Lake excavation estimated quantity reflects 20 -feet deep lake section. 2. Unit price costs for Lake Excavation have been excluded from this cost estimate. Pursuant to LDC Section 3.5.10.1.2 a separate Performance Bond shall be posted. 3128/2003 - 120602 Ver:1- RPiacent CA#43 02934 -05 1-002 - E1 SDC - 26970 WilsonMiller, Inc. 3 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans 16A4 Drainage Estimated Description Quantity Unit Unit Price Amount 15" RCP 18" RCP 24" RCP 30" RCP 15" Headwall 18" Headwall 24" Headwall 30" Headwall 24" Plug Throat Inlet (4'x 4') (Bottom Only) Grate Inlet (3'x 3') Grate Inlet (3.5'x 35) Grate Inlet (4'x 4') FDOT Type "E" Grate Inlet Remove Existing FDOT Ditch Bottom Inlet and Install FDOT Type "E" Grate Inlet, Complete FDOT Modified Type "D" Catch Basin w/ Side Inlets Junction Box (4'x 4') Junction Box (5.5'x 4') Control Structure 10 " -12" Rip -Rap Drainage Total 865 LF $21.00 $18,165.00 1,645 LF $25.00 $41,125.00 4,400 LF $30.00 $132,000.00 361 LF $39.00 $14,079.00 4 EA $800.00 $3,200.00 6 EA $1,000.00 $6,000.00 23 EA $1,430.00 $32,890.00 2 EA $2,200.00 $4,400.00 1 EA $450.00 $450.00 46 EA $1,320.00 $60,720.00 1 EA $1,100.00 $1,100.00 2 EA $1,320.00 $2,640.00 2 EA $1,540.00 $3,080.00 2 EA $1,700.00 $3,400.00 2 EA $2,300.00 $4,600.00 1 EA $1,760.00 $1,760.00 2 EA $1,320.00 $2,640.00 1 EA $1,500.00 $1,500.00 5 EA $3,000.00 $15,000.00 1 LS $1,500.00 $1,500.00 $350,249.00 Notes: 1. Unit price costs for the Livingston Road North /South right -of -way paving and drainage improvements has been excluded from this Cost Estimate All paving and drainage improvements have been incorporated within the Livingston Road North /South Four -Lane to Six -Lane Construction Project. 3/28/2003 -120602 Verl- RPiacent CA#43 02934 - 051 -002 - E1SDC - 26970 WilsonMiller, Inc. 4 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One of Final Subdivision Plans 6 `1 Sanitary Sewer Estimated Description Quantity Unit Unit Price Amount 6" PVC Cleanout, Complete 91 EA $110.00 $10,010.00 8" PVC Cleanout w/ Magnetic Locators, Complete 4 EA $150.00 $600.00 8" PVC Cleanout w/ Magnetic Locators, Complete (Phases 1 B, 1 C, 1 D and 1 E) 5 EA $150.00 $750.00 6" PVC Sanitary Sewer Lateral 3,436 LF $10.00 $34,360.00 8" PVC Sanitary Sewer (0'- 6' cut) 2,176 LF $23.00 $50,048.00 8" PVC Sanitary Sewer (6'- 8' cut) 1,579 LF $27.00 $42,633.00 8" PVC Sanitary Sewer (8'- 10' cut) 1,291 LF $31.00 $40,021.00 8" PVC Sanitary Sewer (10'- 12' cut) 678 LF $35.00 $23,730.00 8" PVC Sanitary Sewer (12'- 14' cut) 1,182 LF $39.00 $46,098.00 8" PVC Sanitary Sewer (14'- 16' cut) 340 LF $45.00 $15,300.00 Manhole, 4' Diameter (0'- 6' cut) 4 EA $2,500.00 $10,000.00 Manhole, 4' Diameter (6' - 8' cut) 6 EA $3,000.00 $18,000.00 Manhole, 4' Diameter (8'- 10' cut) 6 EA $3,500.00 $21,000.00 Manhole, 4' Diameter (10'- 12' cut) 6 EA $4,000.00 $24,000.00 Manhole, 4' Diameter (12'- 14' cut) 7 EA $4,500.00 $31,500.00 Manhole, 4' Diameter (14'- 16' cut) 6 EA $5,000.00 $30,000.00 Manhole, 4' Diameter (16'- 18' cut) 3 EA $5,500.00 $16,500.00 Drop Manhole 4 EA $1,200.00 $4,800.00 312x/2003 - 120602 Ver.1- RPiacent CA#43 02934 -051 -002 - E 1 SDC 26970 WilsonMiller, Inc. 5 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans 16A4 Sanitary Sewer 4" PVC Force Main 20 LF $11.00 $220.00 6" PVC Force Main 2,520 LF $14.00 $35,280.00 6" PVC Force Main (C -900, CL -200) 680 LF $16.00 $10,880.00 12" PVC Force Main 935 LF $21.00 $19,635.00 6" Plug Valve w/ Box 5 EA $800.00 $4,000.00 12" Plug Valve w/ Box 1 EA $1,500.00 $1,500.00 6" Air Release Valve, Complete 5 EA $1,200.00 $6,000.00 Pump Station, Complete (8' dia. wetwell, 2 -10 HP pumps, C- 31274432) 1 LS $85,000.00 $85,000.00 Pump Station, Complete (8' dia. wetwell, 2 -15 HP pumps, C- 31404481) 1 LS $92,000.00 $92,000.00 Remove Existing Plug and Connect to Existing 12" Force Main 1 LS $1,000.00 $1,000.00 4" 3M Magnetic Ball Markers Allowance (Every 200 LF and at Each Pipe Elbow Location) 1 LS $1,000.00 $1,000.00 Testing 1 LS $1,000.00 $1,000.00 Television Inspection and Report 1 LS $2,500.00 $2,500.00 Sanitary Sewer Total 328/2003 - 120602 Ver:t- Wacent CA#43 02934 -051 -002 - EISDC - 26970 $679,365.00 WilsonMiller, Inc. 6 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One 16A4 Final Subdivision Plans Potable Water Estimated Description Quantity Unit Unit Price Amount Single Water Service, Complete Double Water Service, Complete 4" PVC Irrigation Service Casing w/ Magnetic Locators Allowance 3/4" Poly- Tubing Water Service 1" Poly- Tubing Water Service 8" PVC Water Main 8" PVC Water Main (C -900, CL -200) 10" PVC Water Main 10" PVC Water Main (C -900, CL -200) 12" PVC Water Main 8" Gate Valve w/ Box 10" Gate Valve w/ Box 12" Gate Valve w/ Box 8" Temporary Blow -off with BSP, Complete 8" Temporary Blow -off with BSP, Complete (Phases 1 B, 1 C, 1 D and 1 E) 8" Air Release Valve, Complete 10" Air Release Valve, Complete Temporary Bacterial Sample Point (To Remain Permanently), Complete Permanent Bacterial Sample Point, Complete Fire Hydrant, Complete Flushing Fire Hydrant w/ Temporary Bacterial Sample Point, Complete 3/26/2003 - 120602 Vert - RPiaceni CA#43 02934 -051 -002 - E1 SDC - 26970 17 EA $350.00 $5,950.00 39 EA $475.00 $18,525.00 240 LS $7.00 $1,680.00 245 LF $3.50 $857.50 65 LF $4.50 $292.50 6,870 LF $16.00 $109,920.00 610 LF $18.50 $11,285.00 2,880 LF $17.00 $48,960.00 770 LF $19.00 $14,630.00 970 LF $23.00 $22,310.00 14 EA $800.00 $11,200.00 14 EA $1,170.00 $16,380.00 1 EA $1,450.00 $1,450.00 3 EA $1,600.00 $4,800.00 5 EA $1,600.00 $8,000.00 2 EA $1,400.00 $2,800.00 1 EA $1,600.00 $1,600.00 6 EA $1,050.00 $6,300.00 5 EA $1,050.00 $5,250.00 23 EA $2,200.00 $50,600.00 9 EA $2,500.00 $22,500.00 WilsonMiller, Inc. Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans Potable Water 10" Hot -tap Connection to Existing 12" Water Main, Complete Remove Existing Plug and Connect to Existing 12" Water Main 4" 3M Magnetic Ball Markers Allowance (Every 200 LF and at Each Pipe Elbow Location) Chlorination & Testing Potable Water Total 3/28/2003 - 120602 Ver.1- RPiacent CA#43 02934 -051 -002 EISDC -26970 1 LS $3,000.00 $3,000.00 1 LS $1,000.00 $1,000.00 1 LS $1,500.00 $1,500.00 1 LS $2,500.00 $2,500.00 $373,290.00 WilsonMiller, Inc. 8 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One i Final Subdivision Plans 16A `�` Irrigation Estimated Description Quantity Unit Unit Price Amount Single Irrigation Service, Complete Double Irrigation Service, Complete 4" PVC Irrigation Service Casing w/ Magnetic Locators Allowance 4" PVC Irrigation Main 4" PVC Irrigation Main (C -900, CL -200) 6" PVC Irrigation Main 6" PVC Irrigation Main (C -900, CL -200) 10" PVC Irrigation Main 10" PVC Irrigation Main (C -900, CL -200) 12" PVC Irrigation Main 12" PVC Irrigation Main (C -900, CL -200) 16 ".PVC Irrigation Main 4" Gate Valve w/ Box 6" Gate Valve w/ Box 10" Gate Valve w/ Box 12" Gate Valve w/ Box 4" Temporary Blow -off, Complete 4" Temporary Blow -off, Complete (Phases 1B, 1C, 1D and 1E) 6" Temporary Blow -off, Complete 6" Temporary Blow -off, Complete (Phase 1 E) 4" Air Release Valve, Complete 10" Air Release Valve, Complete 3/28/2003 - 120602 Ver:1- RPiacent CA#43 02934 -051 -002 - Et SDC - 26970 12 EA $250.00 $3,000.00 38 EA $375.00 $14,250.00 100 LS $7.00 $700.00 4,390 LF $11.00 $48,290.00 555 LF $13.00 $7,215.00 1,095 LF $14.00 $15,330.00 400 LF $16.00 $6,400.00 2,595 LF $17.00 $44,115.00 545 LF $19.00 $10,355.00 255 LF $20.00 $5,100.00 20 LF $22.00 $440.00 60 LF $28.00 $1,680.00 4 EA $500.00 $2,000.00 4 EA $650.00 $2,600.00 10 EA $1,170.00 $11,700.00 2 EA $1,450.00 $2,900.00 15 EA $1,175.00 $17,625.00 4 EA $1,175.00 $4,700.00 4 EA $1,450.00 $5,800.00 1 EA $1,450.00 $1,450.00 1 EA $1,200.00 $1,200.00 1 EA $1,600.00 $1,600.00 WilsonMiller, Inc. Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans Irrigation Irrigation Pump Station w/ Well Intake and Recharge Well Allowance 4" 3M Magnetic Ball Markers Allowance (Every 200 LF and at Each Pipe Elbow Location) Testing Irrigation Total 9 1 LS $125,000.00 $125,000.00 1 LS $1,500.00 $1,500.00 1 LS $2,000.00 $2,000.00 $336,950.00 Notes: I. Unit price for Irrigation Pump Station, Well Filter, Well Intake and Recharge Well shall include pumps, plumbing, valves, fittings and control panels. Pump house building and slab shall be excluded from this unit price. 3/28/2003 - 120602 Ver 1- RPiacent C.AA43 02934 -051 -002 - E1SDC 26970 WilsonMiller, Inc. 10 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One 6 Final Subdivision Plans Paving Estimated Description Quantity Unit Unit Price Amount 12" Stabilized Subgrade 6" Limerock Base (compacted & primed) 1 1/2" Asphaltic Concrete (Type S -III) (1st Lift) 1 1/2" Asphaltic Concrete (Type S -III) (2nd Lift) 12" Stabilized Subgrade (PS #1 Maintenance/ Project Construction Access Drive) 8" Limerock Base (compacted & primed) (PS #1 Maintenance /Project Construction Access Drive) 1 1/2" Asphaltic Concrete (Type S -III) (PS #1 Maintenance/ Project Construction Access Drive) Concrete Paver Bricks 4" Thk. Reinforced Concrete Sidewalk 4" Thk. Reinforced Concrete Drive (PS #2 Maintenance Access Drive) Valley Gutter Type "A" Curb Type "E" Curb & Gutter (Modified) Type "F" Curb & Gutter Ribbon Curb Transition Curb Drop Curb 3' Valley Crossing for Sidewalk Connection Throat Inlet (4' x 4') (Top Only) Divided Median Sign Stop Sign Street Name Sign Speed Limit Sign 3/2812003 - 120602 Ver:1- RPiacent CA#43 02934 -051 -002 - E 1 SDC - 26970 32,120 SY $2.15 $69,058.00 29,895 SY $4.50 $134,527.50 17,950 SY $2.50 $44,875.00 17,950 SY $2.95 $52,952.50 780 SY $2.15 $1,677.00 705 SY $4.50 $3,172.50 630 SY $4.25 $2,677.50 53,860 SF $3.25 $175,045.00 8,605 SY $3.90 $33,559.50 550 SY $3.90 $2,145.00 11,825 LF $4.25 $50,256.25 1,915 LF $7.70 $14,745.50 2520 LF $14.00 $35,280.00 3,635 LF $6.95 $25,263.25 1,250 LF $12.00 $15,000.00 570 LF $10.00 $5,700.00 31 EA $50.00 $1,550.00 4 EA $175.00 $700.00 40 EA $400.00 $16,000.00 10 EA $120.00 $1,200.00 9 EA $120.00 $1,080.00 14 EA $120.00 $1,680.00 9 EA $120.00 $1,080.00 WilsonMiller, Inc. Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans Paving {, 11 Advisory Speed Limit Sign 2 EA $120.00 $240.00 Yield Sign 7 EA $120.00 $840.00 Round -about Sign 6 EA $120.00 $720.00 Keep Right Sign 5 EA $120.00 $600.00 Divided Highway Sign 11 EA $120.00 $1,320.00 Intersection Control Sign 2 EA $120.00 $240.00 Intersection Warning Sign 1 EA $120.00 $120.00 Pedestrian Crossing Sign 13 EA $120.00 $1,560.00 Temporary Road -End Barricades 10 EA $120.00 $1,200.00 6" White Stripe (Painted) 120 LF $1.00 $120.00 6" Yellow Stripe (Painted) 692 LF $1.25 $865.00 12" White Stripe (Painted) 1210 LF $1.70 $2,057.00 18" White Stripe (Painted) 149 LF $2.00 $298.00 18" Yellow Stripe (Painted) 160 LF $2.50 $400.00 24" White Stripe (Thermoplastic) 29 LF $10.00 $290.00 Blue -Blue Reflector 26 EA $7.25 $188.50 Wheel Stop 1 EA $18.00 $18.00 Paving Total $700,301.00 Notes: 1. Owner has the discretion of installing Asphaltic Concrete for roadways in 2 lifts. 2. Owner has the discretion of using white concrete paver bricks in -place of painted striping to delineate proposed pavement markings. 3. Sidewalk/Hardscape unit price costs surrounding the Water Feature Facilities has been excluded from this Cost Estimate. 4. Sidewalk/Hardscape unit price costs within the Parking Facility has been excluded from this Cost Estimate. 5. Project entrance decorative wall and trellis unit price costs has been excluded from this Cost Estimate. 6. Unit price costs for the Livingston Road North /South right -of -way paving and drainage improvements has been excluded from this Cost Estimate All paving and drainage improvements have been incorporated within the Livingston Road North /South Four -Lane to Six -Lane Construction Project. 3/28/2003 - 120602 Ver 1- RPiacent CA#43 02934 -051 -002 - E1SDC - 26970 WilsonMiller, Inc. 12 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One Final Subdivision Plans Landscape Estimated Description Quantity Unit Unit Price Amount Planting Material & Irrigation System Allowance 1 LS $450,000.00 $450,000.00 Right -of -Way Restoration Allowance 1 LS $50,000.00 $50,000.00 Littoral Plantings 5,140 LF $5.00 $25,700.00 Structural Buffer along Conservation Area 2,554 LF $2.50 $6,385.00 Landscape Total $532,085.00 Notes: 1. Planting Material and Irrigation System estimate is for code minimum only. 2. Right -of -Way restoration shall include 1 foot of strip sod alongside all back -of -curb and seed & mulch for all unpaved areas. 3/28/2003 - 120602 Vert- RPiacenl CA#43 02934 -051 -002 - E1 SOC - 26970 WilsonMiller, Inc. 13 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One 16A4 Final Subdivision Plans Lighting Estimated Description Quantity Unit Unit Price Amount Decorative Pole and Fixture Allowance Lighting Total 3/28/2003 - 120602 Ver:1- RRacent CA#43 02934 -051 -002 - E1SDC - 26970 LS $225,000.00 $225,000.00 $225,000.00 WilsonMiller, Inc. 14 Construction Maintenance Agreement Opinion of Probable Cost Mediterra Phase Three East - Unit One 16A4 Final Subdivision Plans Miscellaneous Estimated Description Quantity Unit Unit Price Amount Install PCP's (By WilsonMiller) Decorative Guardrail Allowance Gravity Retaining Wall Allowance Exotic Vegetation Eradication and Mitigation Planting /Monitoring Plan for 24.5 ac Conservation Area, Complete Miscellaneous Total 1 LS $2,000.00 $2,000.00 1 LS $2,500.00 $2,500.00 1 LS $10,000.00 $10,000.00 25 AC $4,000.00 $98,000.00 $112,500.00 Notes: 1. Contractor shall obtain copies of each of the approved permits and become familiar with the requirements of the Exotic Vegetation Eradication and Mitigation Planting /Monitoring Plan for the Conservation Area. 2. The installation of a Vertical Lake Bank Treatment along the non -water management lakes, as shown in the plans, is not a requirement, but is an option for the owner. Therefore the unit price costs for this item have been excluded from this cost estimate. 3. The installation of a Bentonite Clay Liner within the non -water management lakes, as shown in the plans, plans, is not a requirement, but is an option for the owner. Therefore the unit price costs for this item have been excluded from this cost estimate. 312812003 - 120602 Ver 1 RPiacent CA#43 02934 -051 -002 E 1 SDC 26970 COLLIER COUNTY LAND DEVELOPMENT CODE PERFORMANCE BOND Bond No. B21872543 KNOW ALL PERSONS BY THESE PRESENTS: that Long Bay Partners LLC 9990 Coconut Road, Suite 200 Bonita Springs, FL 34135 (hereinafter referred to as "Owner" and Gulf Insurance Company, 3055 Lebanon Road, Ste. 3 -1100, Bldg. Three, Nashville, TN 37214 (hereinafter referred to as "Surety ") are held firmly bound unto Collier County, Florida (hereinafter referred to as "County") in the total aggregate sum of Four Million Three Hundred Thirty One Thousand Eight Hundred Forty Eight 00 /100 Dollars ($4,331,848.00) lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named Mediterra Phase Three East- Unit One (Clearing and Earthwork) and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period "). NOW, THEREFORE, if the Owner shall well, truly and faithfully perform its obligations and duties in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse 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 remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, without formal and separate amendments hereto, so as to bind the Owner and Surety to the full and faithful performance in accordance with the Land EXHIBIT 16A4 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. IN WITNESS WHEREOF, the parties hereto have caused this PERFORMANCE BOND to be Executed this 22nd day of April, 2003. Note: 2 witnesses for each signature Witness FL Resident Agent Countersignature: Principal: Long Bay Partners, LLC A Florida Limited Liability Company By: Bonita Properties, Inc. Its M ng Me By: H estag Vice President of Finance, Secretary real. Bonita Bay Properties, Inc. LO-A Company Kell}�A,_, l obs, Atiprney -in -Fact By:� Bradley Harris , F orida Resident Agent #0331561816 Security Bond Associates of Orlando Page 2 of 2 State of Illinois} } ss. County of Cook 6 Pit � On April 22, 2003, before me, Jennifer J. McComb, a Notary Public in and for said County and State, residing therein, duly commissioned and sworn, personally appeared Kelly A. Jacobs known to me to be Attorney -in -Fact of Gulf Insurance Company the corporation described in and that executed the within and foregoing instrument, and known to me to be the person who executed the said instrument in behalf of the said corporation, and he duly acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal, the day and year stated in this certificate above. My Commission Expires September 23, 2005 OFFICIAL SEAL JENNIFER J MCCOMB NOTARY PUKIC. STATE OF NANMOM Jennif . McComb, Notary Pub is nrlY coMlws�loN EX>'Nli: NION MGulf Insurance Group Gulf Insuranc o a u Z'1L 125 Broad Street, 8th Floor New York, NY 10004 Phone: 212.291.3000 IMPORTANT DISCLOSURE NOTICE OF TERRORISM INSURANCE COVERAGE On November 26, 2002, President Bush signed into law the Terrorism Risk Insurance Act of 2002 (the "Act "). The Act establishes a short-term program under which the Federal Government will share in the payment of covered losses caused by certain acts of international terrorism. We are providing you with this notice to inform you of the key features of the Act, and to let you know what effect, if any, the Act will have on your premium. Under the Act, insurers are required to provide coverage for certain losses caused by international acts of terrorism as defined in the Act. The Act further provides that the Federal Government will pay a share of such losses. Specifically, the Federal Government will pay 90% of the amount of covered losses caused by certain acts of terrorism that is in excess of Gulf Insurance Group's statutorily established deductible for that year. The Act also caps the amount of terrorism - related losses for which the Federal Government or an insurer can be responsible at $100,000,000,000.00, provided that the insurer has met its deductible. Please note that passage of the Act does not result in any change in coverage under the attached policy or bond (or the policy or bond being quoted). Please also note that no separate additional premium charge has been made for the terrorism coverage required by the Act. The premium charge that is allocable to such coverage is inseparable from and imbedded in your overall premium, and is no more than one percent of your premium. www.gulfinsurance.com MEMORANDUM TO: Daryl Hughes `Engineer FROM: John R. Houldsworth Engineer 16A5 RE: Verification of Security Amount for " SE Immokalee Revitalization DATE: December 29, 2003 ----------------- - - - - -- The developer proposes to post security for the referenced project so that the plat can be recorded. Please verify that the amount of the security will cover the cost of construction of the items remaining to be completed or, if applicable, that all construction is complete. A detailed list is attached for your use. Attachment r d w 0� Co►� ►c j' RUS Bulletin 1780-13 Attachment 3 page 2 BIDDER acimowledges receipt of the following ADDENDUM: No. I - DATED MARCH 22, 2002 W • Insert "a corporation", "a partnership ", or man individual" as applicable. BIDDER agrees to Perform all the work d0scn'bed in thi CONTRACT DOCUMENTS for the following unit prices or lump sum: BID SCHEDULE NOTE: BIDS shall include sales tax and an other applicable taxes and fees. EARTHWORK' HER NO. ESTIMATED UNIT UNIT' AMOUNT 32 2 --------- QUANTITY PRICE 2 Mobilization 3 15" RCP 4 LS 6 $31,030.5 $31,030.56 2 & Grubbing 9 Outw Controi Structure 7 AC $3,90 9.60 $35,A6.40 3 Excavation 3,3 00 - 'LF $ 2.16 - $7,128.00 1573,344.96 Sub Total - -7— II DRAINAGE UNIT . IF ;4�' DESCRIPTION AMOUNT 2 oj $ L $ e ay-os. 7 32 2 --------- EA IS* RCP 2 O faer�m- IS d, section 3 15" RCP 4 Valley Gutter Catch Basins 5 Ditch Inlet 6 Outw Controi Structure 7 Modify Existing Catch Basin Sub Total EA ES UdATED QUANTITY. 1,035 UNIT . IF ;4�' UNIT . PRICE $19 - .76 AMOUNT 2 oj $ L $ e ay-os. 7 32 2 --------- EA $.557.28 $5,57.28 LF $ -24.19 $114-0 EA $ 1,373.76 $ 5,495.04 EA $ 12036.80 $2,073.60 EA $2,887.92 '$ 2,887.92 EA $ 1,134.00 $ 1,134.00 33,37 3. gc2- RUS Bulletin 1780 -13 Attachment 3 Page 3 - III SANITARY SEWER 16A5 ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT UNIT PRICE AMOUNT I Sanitary Manhole -3 EA $1,763.64 $5,290.92 2 Rabe Existing Manhole Tops mm Ave.) I LS 1$1,026.00 11,026.00 3 8• PVC Gravity Main 444 ly $21.60 9,590.40 4 Sanitary Lateral w/ Clean-out 3 HA $957.96 $2,873.88 5 Sanitary Lateral w/ Clean-out Fdc;;Wle—) 17 EA $942.84 $16,028.28 ,6. Television Inspection 7 cut into EA,6g- (3ravity Sower —S], b Total 1 LS EA $ 831.60 $3,040.20 $ 831.60 $3,040.20 $38,681.28 IV POTABLE WATER ITEM DESCRIPTION ESTIMATED uNrr. UNIT AMOUNT NO. QUANTITY PRICE 8" DR 18 PVC. Water Main 1,9575 '7" LF 11.99 $ 2 8" DR 14 PVC Water Main 175 Ix $ 12.96 $2,268.00 3 8" Gate Valve with Box 7-- IRA '$ 777.82 .4 Fire Hydrant Assembly EA $-2,781.00 $ i2,248. 00 5 Water Main Wet Top 3 EA S.2,708.64 $8,125.92 6 Final Water Main Camwction 3 EA $— 1, 581.12 $4,743.36 7 Open.CutEustisAvenue LS $ 3,192.48 $3,192.48 a 3" PVC Casing- Under Road 1200 e, IF $ 4.75 - 9 Chlorinate &Test LS $ o Sub Total 1"987.20 it 987. I $ ;: .34j" ("; RUS Bulletin 1780-13 Attachment 3 Page 4 V PAVING ITEM NO. DESCRIPTION ESTIMATED QUANTITY UNIT U1411, PRICE AMOUNT' I 1 -12" Type S-1 Asphalt Pavement 4,424 Sy $4.16- 2 6"Limerock Base (primed) 4j449 SY 145.34 $ AS#17111 3 12" Stabilized Subgrade. 5,696 SY $3.23 4 Roadway Earthwork I L'S $32,909.76 $32,909.76 5 2' Valley gutter 1,050 LF $5.72 10 rr 6 5' Concrete Sidewalks 2,145 LF $10.53 22,586.85 7 Blue Reflective Pavement Mad= 8 EA $10.80 $86.40 9 B" Sod Dish rW Areas 9,270 SY $1.51 14 ho 9 Signing & Striping 1 LS $ 243.00 $ 243.00 10 Maintenance of Traffic 1 LS 1 9216.W 1, 216.08 11 Existing Driveways Restoration (Pon Aft.) $ 4,704.4 $4,704.48 Sub-Total - I siggvqrq.em, TOTAL OF BM LUMP SUM PRICE (if applicable) Respectfidly submitted: Zj Y Signature VICE PRESIDENT Title License Number (if applicable) SEAL - (if BID is by a corporati(IP BOX 9979,'NAPLES, FLOWMI 03/28/02 Date SEAL 0* *R'* 1110603 �ss,ac3.r. COLLIER COUNTY LAND DEVELOPMENT CODE 16A5 CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISON IMPROVEMENTS PRIOR TO RECORDING OF PLAT AGREEMENT entered into this 29_ day of January , 2004 between Collier County Housing Authority hereinafter referred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board ". RECITALS: 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: S.E. Immokelee Revitialzation. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvements required by said subdivision regulations prior to recording the final plat. NOW, THEREFORE, in consideration of the foregoing premises and mutal covanents here- inafter set forth, Developer and the Board do hereby convenant and agree as follows: 1. Developer will cause to be constructed: within 18 months from the date of approval of said subdivision plat, said improvements hereinafter referred to as the required improvements. 2. Developer herewith agrees to construct said improvements prior to recording said subdivision plat and the Board of County Commissioners shall not approve the plat for recording until said improvements have been completed. 3. Upon completion of said improvements, the Developer shall tender its subdivision performance security in the amount of $ 37,176.34 which represents ten percent 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 been 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 (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 the improvements, therewith specifying those conditions which the developer must fulfill in order to obtain the Director's approval of the improvements. However, in no event shall the Development Services Director refuse preliminary approval of the improvements if they are in fact constructed and submitted for approval in accordance with the requirements of this Agreement. CAM 04012 -M-000- - 0 APPENDIX A — STANDARD LEGAL DOCUMENTS 16A5 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 termined, 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 ten percent subdivision performance security. The Developer's responsibility for maintenance of the required 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 obligation 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 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, 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. 8. All of the terms, convenants and conditions herein contained are and shall be binding upon the Developer and the respective 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 January, 2004. Witnesses to: Collier County Housi 1 � —VVIT 'tA S Leticia V. Shipper U Witness Eva Rivera ATTEST: DWIGHT E. F3R4Cfri;.CLERK •sufficiency: Esmeralda Serrata, Executive Director (Printed Name and Title) BOARD OF CO NTYFIDA MISSIONERS OF COLLIER CO TY, By: hairman Assists Col[i %r}C,c ` mey Item # 6S .t (Ord. No. 92 -73, § 2; Ord. No. 94 -58, § 3, 10- 21 -94; Ord No. 96 -21, § ) Date 3 Agenda 4 � �� Date Recd 5-31-64 -31—b 1116/2004. 113W ver: o2i- JSROWw CAM 04012-0014004 - 0 PERFORMANCE BOND 21BCSCO8085 KNOW ALL PERSONS BY THESE PRESENTS: that C&Ii,er Can (� Asia') 1800 Pam � Autfx7rity hlydm1lee, FL 34142 16A5 ' (hereinafter referred to as "Owner ") and Hartford Fire Insane CrnVMV Hartford Plaza, T-4-47 Hartford, Cr 06115 (hereinafter referred to as "Surety") are held and firmly bound unto Collier County , Florida, (hereinafter referred to as "County") in the total aggregate sum of * Dollars $37 176. 34 for the payment of which sum well and truly o be made, ( .) in lawful money of the United States, Y we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural, as the context requires. * Thirty-Sevm thasand one hurrh:ed severiby—six arxi 24/100 da1 s THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted for approval by the Board a certain subdivision plat named ** and that certain subdivision shall include specific improvements which are required by Collier County Ordinances and Resolutions (hereinafter "Land Development Regulations "). This obligation of the Surety shall commence on the date this Bond is executed and shall continue until the date of final acceptance by the Board of County Commissioners of the specific improvements described in the Land Development Regulations (hereinafter the "Guaranty Period "). , adiuW E��- St � �ofiry �m,1c�1 F[' arri Utility NOW, , i e ner s dll we , y an i e iblia�iyUt>�s in accordance with the Land Development Regulations during the guaranty period established by the County, and the Owner shall satisfy all claims and demands incurred and shall fully indemnify and save harmless the County from and against all costs and damages which it may suffer by reason of Owner's failure to do so, and shall reimburse 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 remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby, stipulates and agrees that no change, extension of time, alteration, addition or deletion to the proposed specific improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, addition or deletion to the proposed specific improvements. PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended automatically and immediately, 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. IN WITNESS WHEREOF the parties hereto have caused this PERFORMANCE BOND to be executed this 19th day of Ebbn y x004 ��1Q �s ► �� &-JA it A smeralCanty Autho da Serr ta, Executi a Director PRINTED NAME TITL Hartford Fire Irene caTtay 'Taresa L. Clark, Attorney -In Fact FRINIIP DIANE J• ttc7m+y - AC3KNOWLi7JC10T EM ER=AL STATE OF CQNIY OF�� THE FLRHDIWI C f Or ►rwance 130,,E -►-► WAS AGNMMM ARE NE gIIS DAY OF 204' }, BY E AS xvcwi ,y i Qrt c bt OF ('D.,Ni�l Ffri. +,lti, F�ce%1 TAD IS CNALLY ID CR HASP AS I:IE!\T FIC (V. NI^1TAY,Y A.1H.,IC- -STATE OF 0" E" Rww. IIID 1SANE E�w+r•s 24 21W (am) AX04ED12M FCR 3-MY ATIUNff-INT-FACT SMM OF •• M CaRlY OF 7fflU •: AS ATTaM-IN-FACT OF UE HARMED FIRE INSURANCE COMPANY WHO IS LICENSE A .� Dana D. std Notary Public, State of Florida (SEAL) PRIlVIED NAME MY comm. exp. Oct. 5, 2007' Comm. Nd, DD 255560 Direct Inquides/Claims to: POWER OF ATTORNEY THE HARTFORD BOND, T-4 690 ASYLUM AVENUE HARTFORD, CONNECTICUT 06115 call: 888 - 266 -3488 or fax: 860 - 757 -5835 KNOW ALL PERSONS BY THESE PRESENTS THAT: Agency Code: NIA (Orlando Bond Dept) = Hartford Fire Insurance Company, a corporation duly organized under the laws of the State of Connecticut 0� Hartford Casualty Insurance Company, a corporation duly organized under the laws of the State of Indiana L^J Hartford Accident and Indemnity Company, a corporation duly organized under the laws of the State of Connec ' 6 A Hartford Underwriters Insurance Company, a corporation duly organized under the laws of the State of Connecticut Twin City Fire Insurance Company, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of Illinois, a corporation duly organized under the laws of the State of Illinois Hartford Insurance Company of the Midwest, a corporation duly organized under the laws of the State of Indiana Hartford Insurance Company of the Southeast, a corporation duly organized under the laws of the State of Florida having their home office In Hartford, Connecticut, (hereinafter collectively referred to as the "Companies ") do hereby make, constitute and appoint, up to the amount of unlimited. Randal S. Tumer, Henry J. Chunka, Dana D. Suggs, Michael Battenfield, Teresa L. Clark, Joelle L. LaPierre, Matt Fox of Lake Mary, FL their true and lawful Attorney(s) -in -Fact, each in their separate capacity if more than one is named above, to sign its name as surety(ies) only as delineated above by ®, and to execute, seal and acknowledge any and all bonds, undertakings, contracts and other written instruments in the nature thereof, on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. In Witness Whereof, and as authorized by a Resolution of the Board of Directors of the Companies on July 21, 2003 the Companies have caused these presents to be signed by its Assistant Vice President and its corporate seals to be hereto affixed, duly attested by its Assistant Secretary. Further, pursuant to Resolution of the Board of Directors of the Companies, the Companies hereby unambiguously affirm that they are and will be bound by any mechanically applied signatures applied to this Power of Attorney. ?, a, ► y o ♦ + l79�O -to + ns�'r rae�W I'p .. p . 'rru.ws nn•••. w Paul A. Bergenholtz, Assistant Secretary David T. Akers, Assistant Vice President STATE OF CONNECTICUT ss• Hartford COUNTY OF HARTFORD On this 23rd day of July, 2003, before me personally came David T. Akers, to me known, who being by me duly swom, did depose and say: that he resides in the County of Hampden, Commonwealth of Massachusetts; that he is the Assistant Vice President of the Companies, the corporations described in and which executed the above instrument; that he knows the seals of the said corporations; that the seals affixed to the said instrument are such corporate seals; that they were so affixed by authority of the Boards of Directors of said corporations and that he signed his name thereto by like authority. +� + Scott E. Faseka Nolzry Public CERTIFICATE My Commission hxpires October 31, 2007 I, the undersigned, Assistant Vice President of the Companies, DO HEREBY CERTIFY that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies, which is still in full force effective as of 19, M. Signed and sealed at the City of Hartford. trI ry, +t ^itr^ �+ea+'rauq,� o �r .1 • B 7f � & t 0 ✓� i� �yYrW7}� ?. S3 �iA��4i}i�` �d•'Ora �e,.i► Y wt`q +n t np�, • �•BINI► a';i 29 7 9 t r 97 '1� .{,,. �� ij••......_.: 1+ ii••,• ttsotti ti �• sw•• 4s has. + �'e�a,risl°� �.wM �a '. 1 +� • •`*e h' A Gary W. Stumper, Assistant Vice President POA 2004 GULF INSURANCE COMPANY 16A4 HARTFORD, CONNECTICUT POWER OF ATTORNEY ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE SAFETY PAPER WITH TEAL INK. KNOW ALL MEN BY THESE PRESENTS: That the Gulf Insurance Company, a corporation duly organizea under the laws of the State of Connecticut, having its principal office in the city of Irving, Texas, pursuant to the following resolution, adopted by the Finance & Executive Committee of the Board of Directors of the said Company on the 10th day of August, 1993, to wit: "RESOLVED, that the President, Executive Vice President or any Senior Vice President of the Company shall have authority to make, execute and deliver a Power of Attorney constituting as Attorney -in -Fact, such persons, firms, or corporations as may be selected from time to time; and any such Attorney -in -Fact may be removed and the authority granted him revoked by the President, or any Executive Vice President, or any Senior Vice President, or by the Board of Directors or by the Finance and Executive Committee of the Board of Directors. RESOLVED, that nothing in this Power of Attorney shall be construed as a grant of authority to the attorneys) -in -fact to sign, execute, acknowledge, deliver or otherwise issue a policy or policies of insurance on behalf of Gulf Insurance Company. RESOLVED, that the signature of the President, Executive Vice President or any Senior Vice President, and the Seal of the Company may be affixed to any such Power of Attorney or any certificate relating thereto by facsimile, and any such powers so executed and certified by facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond and documents relating to such bonds to which they are attached." Gulf Insurance Company does hereby make, constitute and appoint Lewis James Scheer Michael J. Scheer James I. Moore Bonnie Kruse Stephen T. Kazmer Dawn L. Morgan Peggy Faust Kelly A. Jacobs Elaine Marcus Jennifer J. McComb Mary Beth Peterson its true and lawful attorney(s) -in -fact, with full power and authority hereby conferred in its name, place and stead, to sign, execute, acknowledge and deliver in its behalf, as surety, any and all bonds and undertakings of suretyship, and to bind Gulf Insurance Company thereby as fully and to the same extent as if any bonds, undertakings and documents relating to such bonds and /or undertakings were signed by the duly authorized officer of the Gulf Insurance Company and all the acts of said attorneys) -in -fact, pursuant to the authority herein given, are hereby ratified and confirmed. The obligation of the Company shall not exceed five million (5,000,000) dollars. IN WITNESS WHEREOF, the Gulf Insurance Company has caused these presents to be signed by any officer of the Company and its Corporate Seal to be hereto affixed. �NSOMCEco\ cJ O�PF R4.,i Ty SEAL STATE OF NEW YORK SS 0oMvECC�0S COUNTY OF NEW YORK / GULF INSURANCE COMPANY Lawrence P. Miniter Executive Vice President On this 1st day of October, AD 2001, before me came Lawrence P. Miniter, known to me personally who being by me duly sworn, did depose and say: that he resides in the County of Bergen, State of New Jersey; that he is the Executive Vice President of the Gulf Insurance Company, the corporation described in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instruments is such corporate seal; that it was so affixed by order of the Board of Directors of said corporation and that he signed his name, thereto by like order. N,pFtAa /q, ?OT�.� o to STATE OF NEW YORK SS 7�'0 (�s1.�G�� COUNTY OF NEW YORK OP NI 4j-,C;, 4k-4 ANGIE MAHABIR- BEGAZO Notary Public. State of New York No. O1MA601"88 Qualified in Kings County Commission Expires February 16, 2007 I, the undersigned, Senior Vice President of the Gulf Insurance Company, a Connecticut Corporation, DO HEREBY CERTIFY that the foregoing and attached POWER OF ATTORNEY remains in full force. Signed and Sealed at the City of New York. U�NCECO�A Dated the 22ND day of APRIL 20 03 4oPe0 ggr� pz SEAL ��NNECt�G� I George Biancardi Senior Vice President RESOLUTION NO. 2003- 13 4 RESOLUTION TO ESTABLISH A "NO PARKING" ZONE ALONG GRIFFIS HIGHWAY, COMMONLY KNOWN AS ISLES OF CAPRI BOULEVARD, A PLATTED PUBLIC ROADWAY IN THE ISLES OF CAPRI SUBDIVISIONS. WHEREAS, on May 20, 1980, the Board of County Commissioners (Board) adopted Collier County Ordinance No. 80 -47, as amended, regulating parking in the unincorporated areas of Collier County; and WHEREAS, Section Four, Paragraph 2, of said Ordinance authorizes the Board to adopt resolutions designating certain areas along county roads as being areas in which parking, standing or stopping are restricted or prohibited, and upon adoption of said resolutions by the Board, such roads shall be posted with signs specifying the restrictions or prohibitions of parking, standing, or stopping; and WHEREAS, a request has been submitted for the establishment of a "No Parking" zone along portions of Griffis Highway, commonly known as Isles of Capri Boulevard, a platted public roadway in the Isles of Capri #1 Subdivision recorded in Plat Book 3, Page 41, in the Isles of Capri #2 Subdivision recorded in Plat Book 3, Page 46, in the Isles of Capri #3 Subdivision recorded in Plat Book 3, Page 66, and in the Isles of Capri Business Section Subdivision recorded in Plat Book 3, Page 52 of the public records of Collier County; and WHEREAS, through an investigation of the area by the Collier County Transportation Operations Department, it has been determined to be in the interest of the county to establish a "No Parking" zone along portions of Griffis Highway, commonly known as Isles of Capri Boulevard. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, that the following county road right -of- way be designated as a "No Parking" zone and said road be posted as necessary with signs specifying that parking is prohibited at any time in the following areas: "NO PARKING" is to extend along Isles of Capri Boulevard beginning at Williams Marina and following the curvature of the roadway for 150 feet; and "NO PARKING" is to extend 50 feet on either side of the centerline of the Isles of Capri Fire Station. The effective date of the restriction shall be after written notification to the Sheriffs Office and upon posting of appropriate signage. THIS RESOLUTION ADOPTED after motion, second, and majority vote favoring same this day of 244:0�j , 2003. DW�GH , E. BROCK;� Clerk BY "Att*st bS to Chairman's signature only. Approved as to form and legal sufficiency: Heidi F. Ashton Assistant Collier County Attorney h :hfa\resos \3- 7- 03capriblvdnopkg BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, Chairmat 4 8.03 1 i � DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 MEMORANDUM Date: April 9, 2003 To: Lynn Thorpe, Principal Project Manager Transportation /ECM From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Lump Sum Relocation Agreement w /FPL (Relocate 36 poles on Immokalee Road from Twin Eagles to Wilson Blvd.) Enclosed please find one (1) original document as referenced above (Agenda Item #16136), approved by the Board of County Commissioners on Tuesday, April 8, 2003. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures LUMP SUM RELOCATION AGREEMENT Applicant COLLIER COUNTY agrees to pay FPL the lump sum amount of $90,729 to relocate 36 POLES IN PRIVATE EASEMENT ON IMMOKALEE RD FROM TWIN EAGLES TO WILSON BLVD. Applicant understands that this cost is valid for 180 days from the date of this agreement and is based on the Applicant's plans which are dated 8/02. Applicant also agrees that any scope of work changes listed below will result in FPL providing a revised Lump Sum cost which Applicant is obligated to pay. These scope changes are: 1. Change in Applicant's plans /schedule which will affect FPL's relocation. 2. Any error in Applicant's plans which will affect FPL's relocation. Applicant agrees to pay FPL in advance the full Lump Sum amount for this relocation. This Lump Sum amount is non - refundable, provided, however if this agreement is terminated or indefinitely suspended, the Applicant shall be responsible for the costs actually incurred by FPL and any additional cost incurred by FPL to restore FPL's facilities to complete operation capability and FPL shall refund the balance. Applicant acknowledges that high voltage electric lines are located in the area of Applicant's project and agrees to warn its employees, agents, contractors and invitees, new and experienced alike, of the danger of holding on to or touching a cable or other piece of equipment that is located or working close to any overhead power line and to use all safety and precautionary measures when under or near FPL's facilities. Applicant acknowledges and agrees that it has read and will comply with the Notification of FPL Facilities attached hereto. Limitations of Liability. Neither Party shall be liable in contract, in tort (including negligence), or otherwise to the other Party for any incidental or consequential loss or damage whatsoever including but not limited to loss of profits or revenue on work not performed, for loss of use or under utilization of the Party's facilities, or loss of use of revenues or loss of anticipated profits resulting from either Party's performance, non - performance, or delay in performance of its obligations under this Agreement. Indemnification. The Applicant shall indemnify, defend and hold harmless FPL, its parent, subsidiaries or affiliates and their respective officers, directors and employees (collectively "FPL Entities ") from and against any liabilities whatsoever, occasioned wholly or in party by the negligence of the Applicant, its contractors, subcontractors or employees, including attorney fees, for injury to or death of person(s) and property damage arising or resulting in connection with any activity associated with work or service under this Agreement, EXCEPT if the liability arises out of a claim made by an employee of the Applicant, its contractors or assigns, the Applicant shall indemnify FPL Entities whether or not the damage or liability is due to or caused by the sole negligence of FPL Entities. The Applicant's obligation to protect, and hold FPL Entities free and unharmed against such liabilities shall be subject to the limitations set forth in Section 768.28 (5), Florida Statutes, except in the event Applicant purchases insurance covering the liability with limits in excess of the statutory limits, then Applicant's said obligations shall extend up to but shall not exceed the limits of that insurance. Applicant's costs of defending FPL Entities, including Applicant's attorneys' fees, are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage. Insurance. If the Applicant utilizes its own personnel in the construction or maintenance work around the subject Facilities, the Applicant shall furnish FPL with evidence of insurance maintained by Applicant insuring FPL Entities from liabilities assumed under the above indemnification. Said insurance shall contain a broad form contractual endorsement or, alternatively, the Applicant shall cause FPL, its parent, subsidiaries and affiliates and their respective officers, directors and employees to be named as additional named insured on the an FPL Group Company Applicant's comprehensive general liability policy. Such liability coverage shall be primary to any liability coverage maintained by or on behalf of FPL up the $1,000,000 limit of liability. In the event that the policy is on a "claims made" basis, the retroactive date of the policy shall be the effective date of this or such other date as to protect the interest of FPL and the coverage shall survive the termination of this Agreement until expiration of the maximum statutory period of limitations in the State of Florida for actions based in contract or in tort (currently, five years). If coverage is an "occurrence" basis, such insurance shall be maintained by the Applicant during the entire term of this Agreement. The policy shall not be canceled or materially altered without at least thirty (30) days written notice to FPL. The Applicant shall provide FPL with evidence of such liability insurance coverage and the standard insurance industry from (ACORD) without modification. A copy of the policy shall be made available for inspection by FPL upon reasonable request. Contractor Indemnification. The Applicant further agrees to include the following indemnification in all contracts between the Applicant and its general contractors who perform or are responsible for construction or maintenance work on or around the subject FPL Facilities: "The Contractor hereby agrees to release, indemnify, defend, save and hold harmless the Applicant and FPL, its parent, subsidiaries, affiliates or their respective officers, directors, or employees, from all claims, demands, liabilities and suits for bodily injuries or death to person(s) or damage to property resulting in connection with the performance of the described by Contractor, its subcontractor, agents or employees. This indemnification shall extend up to but shall not exceed the sum of $1,000,000.00 for bodily injury or death of person(s) or property damage combined single limit and $3,000,000 occurrence aggregate. In the event the Contractor is insured for liability with limits in excess of these amounts, Contractor's said obligation shall extend up to but shall not exceed the limits of that insurance. Contractor's costs of defending Applicant and FPL, including attorneys' fees are excluded from and are in addition to the aforesaid limitation of liability for injury, death and property damage." Contractor Insurance and Notice. The Applicant agrees to require its contractors to obtain insurance to cover the above indemnity and further agrees to verify with its contractors that such insurance is in full force and effect. The Applicant shall provide FPL Group Inc.'s Risk Management Department with notice of the name and address of Applicant's contractors prior to the commencement of the Relocation of FPL Facilities by FPL. FPL agrees to relocate its facilities identified above within 150 calendar days of receiving a Notice to Proceed from the Applicant. FPL shall not be responsible for delays beyond its control and due to unforeseeable causes, such as acts of nature or a public enemy, acts of government, fires, floods, epidemics, quarantine regulations, strikes or lockouts. This agreement may be terminated at any time upon written agreement between the Applicant and FPL. FLORID rP�OWE� & LIG T COMPANY: By; Print Name: SS 7 YA 6K- ►) Title: PK©JEC T MfNAG -E& Date: 3-19 -0 -3 Ap d as o fora 1 a1 sufficiency Assistant County Attorney Ellen T. Chadwell an FPL Group Company APPLICA By: Prints Title: &'A l r-h an Date: y - a - 03 ATTEST,,, DWIGHT V .. B, B Y' ,D .e. t Clerk `Xttoeis to. Ch r11 's 2 t1QnaU-We o' n 1 y , Ham DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 1 i i DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 Retn: 3162528 OR: 3262 PG: 1970 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, PL RBC FBI 46.50 INTEROFFICE 4TH FLOOR 04/10/2003 at 11:12AK DWIGHT B. BROCK, CLERK COPIES 10.00 BIT 7240 LANDSCAPE MAINTENANCE AGREEMENT THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this 8-4, day of c-t t , 2003 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida (hereinafter referred to as "County ") whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, and the PINEWOODS COMMONS HOME OWNERS ASSOCIATION for the landscaping and hardscaping improvements and landscape maintenance of the perimeter right -of -way on AIRPORT ROAD AND PINE WOOD CIRCLE. WITNESSETH: WHEREAS, these sections of Airport Road and Pine Wood Circle is within both the boundaries of the County; and WHEREAS, the right -of -way line of this section of Pine Wood Circle borders on the property of Pinewood Commons Homeowners Association, and WHEREAS, Pinewood Commons Home Owners Association, has, at its expense, provided enhanced landscaping treatment along the perimeter of Airport Road and Pine Wood Circle (hereinafter referred to as "the landscaped area "); and more particularly described as "The east 160' of Tract H, Pinewoods Subdivision, according to the Plat thereof, recorded in Plat Book 12, Page 59 and 60, of the Public Records of Collier County, Florida." WHEREAS, Pinewood Commons Homeowners Association desires to maintain the enhanced landscaping for an indefinite period of time; and WHEREAS, it is agreed to by the County and Pinewood Commons Homeowners Association, that this Agreement is in the best interest of, and is of substantial benefit to, the general public. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and in further consideration of the mutual covenants contained herein, it is agreed by the parties as follows: OR; 3262 PG; 1971 1. Pinewood Commons Homeowners Association has, at its own expense," completed the design work for the hardscaping, including irrigation lines and drainage facilities, in accordance with Florida Department of Transportation standards, for the landscaped area. 2. In general, the Pinewood Commons Home Owners Association has installed landscaped area, and has paid for all costs associated with the landscaped area including construction and installation. Pinewood Commons Homeowners Association shall be responsible for maintenance of the said landscaping. Maintenance activities shall be in accordance with the standard Collier County Landscape Operations Section specifications, as detailed in the attached Exhibit "A ". 3. Pinewood Commons Homeowners Association expressly agrees for itself not to use the hereinafter - described right -of -way in a manner, which would interfere with or adversely affect the traffic operation or maintenance of Airport Road and Pine Wood Circle. 4. Should Pinewood Commons Homeowners Association fail to maintain the improvements in accordance with County approved plans and specifications, the County may provide notice to Pinewood Commons Homeowners Association in writing, specifying the nature of the deficiency in maintenance. Within ten (10) working days of receipt of such notice, Pinewood Commons Homeowners Association shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior notice to Pinewood Commons Homeowners Association, and present the bill to Pinewood Commons Homeowners Association for all actual costs incurred in effecting the repairs. Pinewood Commons Homeowners Association shall cause these actual costs to be reimbursed to the County within thirty (30) days of receipt of the County's bill. 5. Pinewood Commons Homeowners Association, as it pertains to installation, construction and maintenance of the landscaped area as Indemnitor hereunder, shall indemnify, and hold harmless the County, from any loss or damages County may suffer as a result of claims, suits, demands, losses, fines, penalties, interest, expenses, costs, or judgments, including attorneys' fees and costs of litigation, against them arising out of Pinewood Commons Homeowners Association's use of the right -of -way for the purposes set forth in this Agreement to the extent such use violates the terms of this Agreement. OR; 3262 PG: 1972 1639 6. The Pinewoods Commons Homeowners Association shall secure liability insurance in the amount of $250,000.00 in a policy acceptable to the County, naming Collier County as an additional insured. Said policy shall be in place prior to the execution of this agreement. 7. County agrees to give Pinewood Commons Homeowners Association written notice of any claims filed against the County in connection with this Agreement within thirty (30) days of the date that the County is aware of such claim. 8. Prior to commencing work on any improvements contemplated by this Agreement, Pinewood Commons Homeowners Association must obtain a right -of -way permit from the County which shall address, among other things, the timing of the work, maintenance of traffic flow during construction, and the permissible lane closures, if any, during the time that work is performed. Pinewood Commons Homeowners Association shall be responsible for having the permit duly executed. 9. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida and until the earliest to occur of either: (i) the County implements any plan that modifies Airport Road and Pine Wood Circle; or (ii) the County determines that the improvements cause a safety or capacity issue; or (iii) the County determines that it is in the best interest of the County to terminate this agreement. 10. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall inure to and be the obligation of the parties and their respective heirs, successors or assigns. 11. This Agreement constitutes the entire understanding among the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 12. This Agreement may only be amended by written agreement of all parties. 13. Provided the landscaping and construction has not commenced, the County may terminate this Agreement at any time by giving Pinewood Commons Homeowners Association sixty (60) days written notice. 14. This Agreement shall be governed in accordance with the laws of the State of Florida. OR; 3262 PG; 1973 16 IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers and their official seals, hereto affixed the day and year first written above. DATE �AT7,ft! e7' er Witn ss' Signature A A14 -7,A:z /`� 9P-- -- ! Printed name (2) witness 1LA e �l � IeKo Printed name ARproved as to form and legal sufficiency: Jacqu e H bbard Ro inson ssLSt County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER CQJNTY, FLORIDA En TOM HENNING, Chair PINEWOOD COMMONS HOMEOWNERS ASS IATION By: � I � S- ignaturg Printed name and title l rC Lvog65 �rn,rl -,ads H: Jackie/ Transportation RLS/ Landscape Operations /Landscape Maintenance Agrmt- Pinewoods i !--ril K!TV T -I�j Jt P OR: 3262 PG: 1974 RTf--A--r OF W-,AY -',ND s �'N-A-NCE SPEL-JEJ1CATIONS gEQT o -9 - IoM,; VXC intended to prC,-yqae C jnf�r lia LUa 'by ah "am entities MaY u-ierstand Cut minimuin i -quizc=nts of Cnihcz G=ty n1adve-, to mainbumrzg onwy TCOUrtments 312aD be kept and m--i-- av wilabL3 t--. 'Le 4. 'oiu3ty -mqpj,!!st. A MQ-Vi�l 7G AND KDG'rqG 1: Mowing and ccdgi---g ghaLl ms uje medlians a8 v,-tj L-- thoce areas: if cxisnmg, along oatm0l- edg = --ide�vzlks of arl, ace at propemes. A!-I tut Il AhR2 ',y MOWC,11 W-th =LIChtnA y e Mwwf-T CC-IIAIPM--nt 10 tlllninAm IhC need -10 kag and TransToxt gmss cLppingS. 7 t hoWd 17,- nmes52L7, the bagZrd cbp—pmgs sliz-11 be c-o]Ic--t2td aZJ -�=ovod a- no additional cosh Grins shall' be CX at a heigl)T Df-T-ree! and OLU a Celli s (3 fi be Nfach=ral tdgfi.- of the =f shall be done With ea--h M01wilag along 1111 Side-,k°dk yd-gen, black of concrcte ,-;rbs around all pin= beds, utility Perviza boxes, street 'light hares, uF- POSts, keadwal s, KIIAT&MIS , pedestals, gerfts and trees. Zview blade edgu,zg is not permitted along plant bed and -LlWA' !2dg-za where sub surf9act iTzigatior systtcros -xj3t MeQhazi<;ai metal Wade ' edging is ptrrrune6 4on& bark of cufbin,- Qm& -m-at na=�z4 --x—L=dm& jAt� the mLjj� axeaa shall be =t andLre=Vvd wbem tho edging is peffom)bd. TEdK� wi-IJ wise be required = aLl "=rfareas M spr-m4p-r heads, '43Ivo boxes, shrSba, sign Posts, r rQies, etc. where they, e7-M Ali d6trU Ga lidewaaS or o•hti areas resul=.-I nEom edging shall be rczaovre%L No herbicide sh"I IjP used or udgina 1. All sidz7valks, Cubing Endlor gt:rreal- shall be cica=d &ft= each wvic-. Ali shall be blo-van clear, but no cL,ppmgs or o:htr dtbims be Iblowr or allowed In be dept sited or, other adjacent proverty or an-cum-nipte Q�_ Zlgir- of-way arl!!`", V - --ding of plant b, ridtvmlks (asphalt, con. or par 3, & J=dr Lj bases, and vu--b joy -- to a-- net as o Lh cr mule; c 14 -!!as bv chtmi'cal andVor hand reanovml kill be prrIfb.rm-,d w4lek-ly oy as nn----ssa�., T)TC11 N tic a -Cecl Ltec and wt-1 C- 9M-E�KTI-EE� �,NG 3==2 Site pr=ing shall be defined as vht pruamg of any vizu-s foliage bekw a t ---t 0-1 v grcundcovw° shnbg, cann-LoV 7 e an pa-1-as L- �, a :en foot (i a , - . v : or all as need h�gs-,s be Llmen"C� and PI--ILEFU on a -Week�v SLC, to M31mtaj-- the Pront- or T-qMr&d ht�v�t3 fnr,- V-sj-',jjr-,;, vean-mlar nVCIIDnt p1rTooses anS dc=-ed sbapc or forn es de-errrtm --d Pniaing shall also izc!Ud.,: rernov---1 of vjlts, suckers and any dcad-m dl-mas--dfoliage or 'nrazcbesq, zurmg j3-- azrt wttk Of Dvwber and April, o-aarnental gxwse�, su�- as I o�,,vrmn raks, �v-= oT Fakah&bzje-. wass shat: be pr-wierd in & pyramid share to a „-el e inn L'12-) or twenty -fol-,” inch C24") height based open the type of Yaa t. ma. ants t7y-PC gf&33,S 5-d:1 as :.mope Muscari 'E-vet`green shall only be pruned -at the diremon And of the P i =1 rc rah 'A'It.E2 X cIL'I'LIPY Pedes-ar or sidewalks Sh?" zwezv-; inc;�,-q �120-, Sh-j ' azZ I- _- �- MajM' Mint'd W a =;== height of ou5 hu=d-ed JqOund.-Overs adjacen- to pathways or s,dcwaf--- &, 11, be pn=,ed to .1 -ne foci z il"I of clearancs from the L-dgc of,t&e It ij noicadc-d 'h& adjarcm Abmbs and be nmm:aaaed 3c, tit a, !hev angle or a r ro=de c away fl74 r-u 11w. pa th %a.. jj ❑ ' �j� if i �I 7, �Li_ _��. j � i?.���LL I ER' JL. i it ����iC1Fg.1AT UNI _ � , f tie lz. �` _ �� � r .� x'_17. - -�, f� OR: 3262 PG: 1975 LANDSCAPE- MAINTENANCE SPE CIFICATTONS (Con ir;u ad't 16 fil D. TRASH REMOVAL With each seder. &121 rile area shsl be cica ed by removirie &L uasu of dc'm as to include, but =be :imrd to; paper, bortie2, vans, o try, and bortcultu a -ebns ?' lebr:s r axash pick -u�: shall be perfor=d "n- r" is n o iug la $liras. 1e disposal o`all h and del" li t a ^r 1 '+ ve "vt ,ras mss' be � roper aid£ � r spoeiL site E. 51"PILIErT C:!!4'GfCP ��s iwlcaL%IlSa }` Latz -at at ,,4 " wide area measured 2-Om tht rl :.a Of Lhe C`.l­b d4d 91UTT=5 .7A' -`.» _ in& rLUD 'Sbzll 17e ,avid vyitl evil .31te snrviC° to ;?*, ove accurt..al-atkon of de na 7 o- :'ie=onab e 907,1 so try Tr iztain N. tat and ca f-e '=dinon_ F_ Moo-MC COP-- TRUL, t?eevpe. sn_opiY witA tie .-ee�e or'11R -urt r`sTaintanance cfT,raffic {4T�ocv: dies �f wfnchl ue .- availab'le throwiz-h the Risk Sara e= ent_w auzchasi�g�i e2a=tAt � 112 Develc er sbaL' obtain and rc.-, -.I ee �ot�� ?vSt� 3' t�oliev reg�e:�i�ts prloz ±�s stabmi a bid." - -- - The laevelope- will be resgonuble tbt obtamim4 topics of all.recuixti mauais, *2'�"TQ�, M- —F Rcmdway & TY_mf c Design Standards lndexn -s, or bthcr nlatad 3oc* zG1ts, so -0 become fS1�= , :th taai.x zeyair m =_ Strict sae to the requiy=eAu Of be 1I0T - oObcy will be mformd unfit, thas _3iitza, t. Tc mist is cnTj finee-vimbility; approved bright v -glow rewoz'ang, colored safety vests 9hsl1 ue wmm bY, ampioyess wben senznizmg the area. G. CA..NOT -; TRLE RIND PALNf PRI21 -I NG For this ,site. canopy trees shfi l be de =ed as any large simab. tret or palm M, {s�Lage above a *e- ,rot f , 0') level. All caad y trees pa7.ms shall be primed on, a c:�nta uuus bases to create and ruaimain a se�ieP: etu fro, ,: 'j canojrr clemancs ove, the roadways anti a tit -foot T) ' `ax0py'et1Cara11LL' over- all Pathways. Canopy trees small be serest ?vel, PrU ed twice pr- . ear is A rU and S t be so t0 thm * f =r .� F eP �° ntb,.dr e�oPY v. m.c.s branching and ro spe °� canopy or me trees. T`r<r aC4t�nty's representative iha11 approve a professional licensee to prrxrae 'deft u-_iCr dirtctron of .a iii cased anc�eepe �rchitr,ct, Axbor -st, Tree Strgem,n, or ocher approved professional shall acs the anu ; ;fapiu� ne wide ,hall be erfonned nez ANSI A?„_t + a� 7 y ?t p � _ .aasiard "r ^tire; for xree:�, SLr�.tbS ��. z'`ti1r9 �'o€xi and C3II2 in a t rofesslomal roamer in accordance wi `Pr' - ,9 St. , QS`` of ti° . stllb:al or accepied iocai --2dee 3 =dar ds and pract7oew Macros sham be proms' id aril: ual ;: diiring hint of eauh year. !be paims 51i ii be paned to a " Troalca , cue, or 'o a [�Le �) o'c,lock - hrda (31 o'clock mpL ie _L um hor"izn-n *_al -at f h - n -aim, �LLa .. - base o r . u or .o Y, ; l fronds. App o3=a c'ti seven ,' to tan i 1 "`` O dz $ha * t?t left at le !=ad � e_ mu=g i ,� ,:ate .�� "� � ++ . - e'1�:.g s�2 Cw...�.. :�'iuv itiii5, 5e0u ai.3.1h".5, he Work _hall be gczi: m 4 professional + °r !r, a-cordance witil-, acct cable t-rude -. a_-d -d.- 211.^. prazt10E5. :J.e %'alm5 spsk xte froads. ' ne o lug shin be a�:c=p h°d ky t:-,e ,.,e of q aae:e- �� sett be ,.� fih 83 *,s :� �� boo= muck or lift. ALE debt s f o� ±� prt�,r_.mg shat: =moved and the site s be 14fc � a --eon and nttA *_ manner. F-2 Scpte =' -= 7 , 2001 11 r �, ,f . ��. - -!! h ,, t.;, :1 � . 1 7._, l _i i t i f L �, 1 i- ate._: 1 : -i ?%: i i h,=rl ° �_! : OR; 3262 PG: 1976 LANDSCAPE MAINTENANCE SPECIFICATIONS fConfinued') `9 1 6d' ""h-In tho annual or bi a=-aal neav-i piLu1mg work being P--for=d with the use of a lift or bo')rn ° zrclt it � regt.r .d mat th-, adiac --rt tr43o or - .37*.F !ant to "TV'ri ma, hm Clcs d US14g taffiG con c?t de z „C9 and ssig=gC yCr the c-..C;1° i +,C' b. tmMc Couto, s(8r1dards and Er- 'TER TL Lai.jAC3lq G-&- -alar fm•tilixati?n of MI-rim arm g +tz c Shari be applie,-A by hand s a (1-z”) ;�;de radius ;ink azound the gse of the plants. �- ular ` , a o t e Trees and alma Shall be de-`e wed b • caij,�. (diam* of'he Fmk and broadcast by batid in a •cand a s t a y db_ d the planf s base from dish ca r i " to the rdrp ;in's of tllP palm wherever possible' An S' oz. -:p equals ono (I' pound. Trees and palms sbail receive, on-- (p ^up pez one inch rr�li er. c; �bs aid groua""covers S.hau receive one ( ) r- 3 per, three foot (3') of Height Cr Spread. Sh-abs a=' gr<3'aiF3 Over shall i �C�i�ie5 OAS Kalf (�ia� c p p w at gh tee7s incho3 (19 "') o if h e,. igllt e,7: Spread. Ali i' `7lLer shall be swept 6ff air sidewal1 , CDAC[et° 'tv ?iTiv and pay, -mg, =ne f°r* hzer sha : be applied as set forth in the 1 ow --iug s ;chedult. Turf;Azeas and Punt Beds containing 3hMv S, C17o -dcaversInd'fxeee Tlie ,- 13 -3 -i3, f -- t T--mr shall, be applied at a rate of teA (lu).paunds per one th ousazed (1000) sq. ft- for all areas, Four app IiCa ri ana' o i 13 -3 -13 terdlizer 9V111'�at ayL`ph --d yY ar.•, duri - n....-_� +7. - `F .,r. r � and - r 7 �E -- �varus3 C:i �9�iii.l$I.�, i+'1. @y, 110%, ..IS:, `./ mob C r. . tie tui Develops; shall apply apProved by County's regresentAnve pa,m fwuiizer dating kebmary, Mlay, I ay, -d Octobc- as sf ci.Bed b.-low. Should yeliCtur ng occur cn the tog fronds, mangaucse stuate %,' be rewired and a ark tie low �& nos, Dui ® ?ct - fag a: equivialc-4t vk �" be recuired tO be applied w- -Ith- TtC nalm fCr i L?er at the rates sl ilr -ed. t�YdniC 1UfTIlC� ASC3s" Srvit'1 ar;;16:.h or new laP_ B CE'e3 �`+Ai'. my MI'ley p� ., r,tr`rlde for a folff 1uuh W" EiUfi- O�S7y 8C ieC: C 4 �' aSCC�e to r uzsvted deptli measured from the ensar..,g soil gad- The area to rec- ere the mulch shril l,u rake- ievel to eatablisb �he proper fntshed grate and have, all weeds i—L L:.v --d pmoo —, t`z t'. h° � 3r s t of u ZpL1G T7s J iy r t ag t?? r 3'�p'`C rcgl lsh th's ul� l"- tM- a year, dluriug November _ d' rmg %,ray. J. IANE CiOST,RE Laze c.osu -rr far median ma.n en =&.Sal: be limited: 'JPOr, proper placemeut of ixue .ios -:i signs, pre -var--rhr sigma aTloa Doari, zaffic cones etc., the 18IIt 3.4'b° rCSt[ cte f-om tra$c only during non -p.ak 78ffiC pe=dD 2:3C - 3 3 r - %L, 1413nday thz•oughFti day . and 1w, .k 4 - �- Qr. P.l.:. �&tE-zda and Surzciay, artless o4?xe anise approved by `h4 :L rvy's re 7ts.entative, K. iGATIt��T �Xs�lc� b^ -gaaoc S`rMuis shall'ce checked ar,d repaireri as necessary. Each zone shall be sanua.tiy tamed on at the valve once a s MIC arae corducted ,c &K—Iz am prey oporat cai of the S mt= QlUick'couphng valves, if e?cisting smell be rcvi ed woeky and of crated rtcriy t insst e pzoYar operation $v aizttenance resaonsinil'tie8 girl mi cleerrumg and adjust of beads, aor_ ties, valve ooxe: =d vai :ws ftlrara ter i� °se proger cc<<�rage. review ?s 151tez aad ba cw prevennier5, re*siao =e t of heads aTad naz --jes, ftLMJ' at cL or replacimeW cf rism, rep it olminor P _3 tier 2001 i�JTI I Trl�, N W, r --L, 7 A T k W I M I J. L OR: 3262 PG: 1977 LANDSCAPE MAINTENANCE SPEC 11FICATIO NS (CQntinued) 16B :-"Vc p4?ing ty stubrEwfaec- rrip g - ;--srlmcd sprinfdcr "es, replacement am !=-agad valve adfiva=ett Of contrellm and i� .5hutoff 3'mMlie3for sett tags and op=tioa the D&retoper &—al' =—,- On situ- re-claim.,--d -Arattr u"mea-Lou �ignq-- N"O cxcavaam cf. runn—i auu---4 =W1 bide -dgm -g around phi W. beds sha-Il, be do---. witl= pt, misted along the back of cuzbmg. elm in3POCT3011 Of thC be -je_, . d we A IiSU4�1 an &= all ' for= ekhf to dietemmne -�ftbc cyst --= arc Aiaztioning norman�y =d if, cuts, pipLg damage, Goodell areas 4,ud r-aa as necessarT Tl-,s sad tho =Uudz rc-view and re-sattag- a :hc --or-tullt--rs =d m-gTomd mo-ntwm- . —�-nmcr adlwrtmexrts or ogre m= sensing devices as needed. I �` Tem C"Pel-l", adjus', =d set CoMtroll= ta pyGvide propem cp etLon o,' the Sygte=, b, 717-Inmast and rep= elettucal =d nifthazical le O'n automuc, M=utl and cp==n- Mcnitc)T --ormollmz stmdby battery bac�.up and r=iace as requilcl, 3. Aum-magg Qga=gl Ass-cmbbes U 'wick CIOUP17 Vim, V�U V Revif)w cuLtiul vzlvY a9azmbi,, and-ay-paas ay&t�.'fw- plope, setump- b. Open zone cowTol valve assemblies .9-uut qt'-� - coupling valve boxes to review valves for leap; pr-msure gauge Operation-, prop-T -ettings 9nd are clean of debm: Or mulch- 4, P14M &. iuspr m- t fo r p mp -.- op trat an b. 71he Devaloper shall record -,-d prov,,'Llc to the Comt"y's Z-ap-7esentaLvt: re we-D wm-L-I- Ecw mtr= rcadings for the mm Will lorations on the ;mineral 1✓'faintenmice Rc'port sl-ets. vvare-� ,wrarce C0IIn`4;-tIQu5 TO inClude -Attr meters, ba�,-IcVlow prtvmttrs, gate -fives, ponints of ro=ectiou and Main limes -.-or proper- ipezame.-_ Njountiy SeT&t 1, A=Gmatc Control Valyz-Asumbi- a. -Iozu"-Y operzte valves, and r-'eaii valve assmulbly fjlt:rs, fi. Revives a--s=I%IV for ,roper operation aud i:leaz f1ters as aeeded- L X!V_e- bolas and upexate valve" 4- Pi-=- S2t-,z e. Onct a X-on:12, *z :)tvt.IOVEZ -w trm;b e slW-lot each -ZLh--cI=2 zniperag-t draw &7-d dc: ua, n* T rusults for &-u= rc.'==c� -e he b. Mann ally ran the s --ffm tu tnsu--ir rroper CoveTage and Lu-@L' rAo Sprinkle- hea--4 P-ud ncz--Ics trc onto Ole roadway. =d actjusq spT-,rk-'-- h.--adfz,mTi& zozzits and irrigation s-hleLLs F s -r-p-;r -ove.-.-p v. 71he Devt.'cpar 7vU uhf a" - ZQIIte W=11"; --nd solemoid condirmns tL-cugh *Mht wt ot am. =zter and do--,=a--Lt the -iesulIt5 fore re rEfes s-amdr �lfers and mspeC: them fcr wear at Pun= Statioz P-4 Sett her 7 200: i. r rr rn1 i I 'JILL • +--- -- + + +— -Fil. 1. _i _ +,4. IIV11YV1- IJ�j.lA iIJ �Y e_i,l_r fi,+f iy% j�J/ rl . °r �__ + :'-t -. .1.��_ T OR: 3262 PG: 1978 LANDS CAFE MAINTENANCE SPECIFICATIONS (Continued) ly'ar uall.y run *G syst a . cp u vxpp mau rei ° ° ;* spar l h � i dacatt>rs l�cat d at the. end of zon--s { , R!.-xi ff-w Arts -- ure gauge rcadi ga at c^rr -a, vtivC ma Se =b h =$ _`b._ eaC.4 zot , a c2 as g dal g °es 1 $ C. T t' C o- f -7oSA+ s hocrIc fires Ptur r -rm -- �E CFj7.P �__ ^�_ �_ ?Tit _ _ ....- ...,..........i�d rfi fte'?oning r- Opc °iy. (Ze= l re =d ;ustflow uual de rtc- r-cii iPesl. Qurm—ly Smm RwWx ts: gS�C --B: f vet ®rrrr+i" nr1y^. �7,.` °ystm p g, avow. e$r 6. iiiQiatlSiC 5�13iir5_aLr� controllers for overall gertera1 o'pe7alion art provid -e aii- intm- -riY a9 requixtt ` as u pmpta (�;u>r• %e=! �anai��r) -up. �r�aC�n �VSt��": Wiet li` i, Faich mF` to zone L`haj!i be ma_-ualY turnicd C.L. at 4.he ual.•e t+i a 1 D17re r,� 9#SU_r., 4 :qe S� _ 2. Repair s°.°mm. for :,day.�Iowj�- offhea.cds. orok-n llntA or iLaks arnumd heaj_- or va v _q. 3. Check *—,& o o l z and rain a_ 4Fg t ces ur Proper operation and settings. - wv€iOp 3 i1 iui"� =i adju;, all sp--A . ItTs beads w cnsu a '-hat a 1 lar dada ed ax Ye��a14`e a�kr ���Iad per • 4,n�� � ga,::c?R vy�.age. - 5. Within all wozk arEa5 f.Uc - neve:oper sha:1 relieve the plant mamrml and tike; ivr dr,r conciFne�S d f :oft d correwt the nrohtam Monthly Set;viw uj3 E mr:rtg: '_. Manua7_v run, iLhe system, clean and adjust _spriuklz head- vuozzies and concrete dotuts as, neevssar, to eMur_ Tor proptr Coverage and that t c c are uo sp-rnkler-r xc4c 'tn les -praying dirty-4y mto the roadway, µ , i~ach mediam .0 d side „ ca Y ro : sha l be mariasaL, unto d on at the :raJve :o c,-rum ; ro.er operation of tle �?S NAY y!N f fnlh µr t v� � ltd... �r �s�yr V ,✓ns1 °LrL fP6�u - J1 �)lfT7i C9 of iinY . y axawd heads - (ii �r ila it91j. rreck ,:w "mtrol tuns azd a „its s ing devices for proFer apeTanon and settings. D Tube -Devrlf” r seal: fuher adjust aifmshead � Ci8t 8 ,d 18:^.a.^ape a :ea5 -_nd der en *. L10%) iriganon coverage. Nidrin ad' wL,.k areas the J' eveiopc shall review tht pl --° t <:ia1 anv t, : frr , Qn! °ondit°e atri if fc?} ,,C ccrleet tie Drtr�lr� General gn° qe 8yst- Sept�� r l: � OIR, 1T1LN "'1 -r r 1. 4 _! i�LL._1� .v Ra it: t Y��i -Y' � j� l i • � ! �':,' ii, i',; OR: 3262 PG: 1979 LANDSCAPE MAINTE'14ANCE SPECIFICATIOP 3 (C"tinutd, � 6 tJ j 1.. kould 1 Dr2i�.8: atei it a n tt Sett, t..t i�r L7�is. -.CI C✓CT ".+:Z;'�' d C^.aCy �' "sid i�: 3?P$ *E.'vf%•uL`1�3 iI »TSOn ` j'i em° be insptaze' i %- +sue s9as d ho- 'r Df nF;ctAb u S-.* , t Q �° , vy list_' ?5,g= =r. Su_D=T'f = Vsitc= $'y mempt_4ao=yV°.?u: 2. R -T>Iac dcffectiYC hca& = U0=11-13, S-St3.11 -1eTL1Pt. delecti -t risers and repair m;ror `Srelk; or mstn' -.tod spn .k -linr Ines. I Rcptace 1a ged valve boxes /)AF if caused by the I' gi!)teraticc DieVSloper. 4. .ter° cleam amd - cplaC°, J. screc ,'filte.,S vit :h 5prulwer hea, +a. J. Kc-y p &E grass and 7 ullc..]' out of aii va've. lklJKPS. All va.l e-.. buxom,- in sod areas are t4 be kept ai so valve boxes in plant he-! are rrba kept two �i-n hes (i ") above 1~ shed mulch invol. iwide of aL va?ve boxes sba)l be k_-pt zit _ and the =-alYes cihs.11 be ktut one hcunndvto perceht 100 % }ac essible.. h. One hunccapt.—cc= (i00%) in?gation coverage shall be Maintained withiL 401 irngated ianzis aped areas wb;:e this 1'on"m is LU effect ?. Nctifcaton to hn CULWiJ'e represeritstve is :squired whet acts o car %c:;idCntS have occurred to the imgatinn system Flogs shall be -mJ rn end provided a,) tale voimvf's represeutative, at no added cur y MISC,LA?r?BOVS MUGATTON MAIN=n,AN-P FiSPONaIDg. c ;. Should `he t =p=aturC m•e 6=cast to be lbelo v ha- tY -,6uur (34) degrees, ibe Developer shall be :espozT- a't33e for t7znii.5 the - n-gatiou 3y3te= off in order `0 l romcCt Plants :&Cwi. rte.' OS5I%1t to'e`Ze = ' «' t - ' -. �. It shall be he %ev51uper's responsibility t ; noti ' he County's representative of au), =gatoz proble= or addAiollal Lmigatou maintenance nceds, 3. `he s::gat,ou service por40nn 1 must moublo ehoct tie clod, power -: . 10 volt and 24.volt : ses, '14 ohs output when Ucc_aeary_ L. B&; ,'X PAVERS ^_ d T,ieLan l3T_ick ^,L'Yn- s."�3x..: �.wi� =- ,Saurt cleaned %q,-c rte- -veU, � :Apn.Ir and NDv r,-� to :=Ovc �lal iS, Bum,, 2. and oth er tha! rav '?c d osimd' on -rc sumac= sir as' Upon 5ndiag damage a mas, ±e Dee eloper shell o erm.up deir"i5 *`p =csc> ancb` . tlag or�f the areas Rlth protectve bw—_:evs z i u a-1sibiiity nazxrd an :_aged areas =w-be .- Cawed as a23x_k1y as p &sails_ I i. Pest Control Trees, per. -Sb'a bs, C- rounds- o"vcrs, and SDd S:1RSt lie C148d1V 1l.(JMT0Ted. far ae$tS and di &easet an mus, De L�eated. opri�'tl; Icenged 'Oy3r Cciz"troi Cpuuor approved by the _0unty's repres2 ;.ta'Zve. P -6 1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 Retn; 3162530 OR: 3262 PG: 1985 RBC FEE 15.00 CLERK TO THE BOARD RECORDED in the OFFICIAL RECORDS of COLLIER COUNTY, FL COFIBS 3.00 INTEROFFICE 4TH FLOOR 04/10/2003 at 11 :15AN DWIGHT B. BROCK, CLERK SIT 7240 16811 LANDSCAPE MAINTENANCE AGREEMENT BETWEEN COLLIER COUNTY AND RIVIERA FEDERATION ASSOCIATION, INC. THIS AGREEMENT (hereinafter referred to as the "Agreement ") is made and entered into this &k day of �� , 2001 by and between COLLIER COUNTY, FLORIDA, a political subdivision of the State of Florida, whose mailing address is the Harmon Turner Building, 3301 East Tamiami Trail, Naples, Florida 34112, ( "County "), and Riviera Federation Association, Inc. ( "RFA "), whose mailing address is c/o R.S. Tibbetts, 351 Charlemagne Boulevard, Unit C101 Naples, FL 34112. WITNESSETH: WHEREAS, RFA desires to improve the appearance of the roadside along the Charlemagne Boulevard right -of -way by assuming the maintenance responsibilities for that portion of the right -of -way from Rattlesnake Hammock Road to Marseilles Drive. WHEREAS, RFA is desirous of maintaining and replacing as necessary the existing improvements, consisting of grassed medians for an indefinite period of time, at their sole cost and expense; and WHEREAS, RFA and the County agree that the level of service to be provided for said maintenance activities is over and above the County's base level of service for rights -of -way of a similar nature. NOW, THEREFORE, in consideration of the above premises and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. If required by the County, RFA shall obtain any permits needed from the County for the maintenance of the improvements at no cost to the RFA. 2. RFA expressly agrees for itself, its successors and assigns, not to use the Charlemagne Boulevard right -of -way in a manner that would interfere with or adversely affect the traffic operation or maintenance of the Charlemagne Boulevard right -of -way by the County or the public. 3. Should the RFA fail to maintain the improvements in accordance with the County requirements, the County may provide notice to the RFA, in writing, specifying the nature of the deficiency. Within five (5) working days of receipt by RFA, its successors or assigns, of the notice, the RFA shall cause the appropriate repairs to be effected, at no cost to the County. In the event damage to, or failure to maintain the OR; 3262 PG; 1986 improvements results in a situation where public safety is at risk, the County may, at its option, effect repairs to the improvements itself, without the need for prior written notice to the RFA, and present a bill to the RFA for all actual costs incurred in effecting the repairs together with invoices. The RFA shall reimburse the County for these costs within forty -five (45) days of receipt of the County's bills. 4. RFA shall indemnify and hold harmless the County hereunder, from any loss or damages the County, its employees and assigns may suffer as a result of claims, suits, demands, damages, losses, fines, penalties, interest, expenses, costs or judgments, including attorney's fees and costs of litigation, against them arising out of or related to the RFA's, use of the Charlemagne Boulevard right -of -way for the purposes set forth in this Agreement. 5. The County agrees to give RFA written notice of any claims filed against the County in connection with this Agreement within 30 days of the date that the County is aware of such claim. 6. Prior to commencing the maintenance of the improvements, RFA shall obtain a right -of -way permit from the County, which shall address, among other things, the timing of the work, maintenance of traffic flow during maintenance operations, and the permissible lane closures, if any, during the time that work is to be performed. 7. This Agreement shall remain in full force and effect from the date it is recorded in the Public Records of Collier County, Florida, and until the earliest to occur of either (i) the County implements any plan that modifies the Charlemagne Boulevard right -of -way, (ii) the County determines that the improvements cause a safety or capacity issue, (iii) in the event of the formation of a Municipal Services Taxing/Benefit Unit in which the RFA elects to participate, or (iv) at the request, in writing, of the RFA to the County. In the event the RFA requests termination of the Agreement under sub - paragraph (iv) preceding, the County will assume maintenance responsibilities at the same or similar level of service as other like roadways. 8. This Agreement shall be effective upon recording in the Public Records of Collier County, Florida, and the benefits and burdens established hereby shall insure to and be the obligation of the parties and their respective heirs, successors or assigns. 9. This Agreement constitutes the entire understanding between the parties and any previous agreements, whether written or oral, are superseded by this Agreement. 10. This Agreement may only be amended by written agreement of all of the parties. 11. Provided the maintenance of the improvements has not commenced, the County may terminate this Agreement at any time by giving RFA, or its successors or assigns, 60 days written notice. * ** OR: 3262 PG: 1987 * ** ffll�'Ilwk NJ F 12. This Agreement shall be governed in accordance with the laws of the State of Florida. 13. This Agreement shall not be construed as creating or transferring any property rights in Charlemagne Boulevard to RFA. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their duly authorized officers, the day and year first written above. BOARD OF CPU NTY MMISSIONERS AST �, E`� OF COLLI COUN ,FLORIDA r ax, r. '• .� By: D,kfA E,'43roGk } .t lei Tom Henning, Chairman Ott -as th S•FjQ@71�� ! f�a" Witnesses: Ifs RIVIERA FEDERATION ASSOCIATION, INC. By: rint Name: Q, i l f3(3E` i T Name and Title Print Name:, ti COUNTY OF COLLIER STATE OF FLORIDA �y� hThe foregoing instrument was acknowledged before 3ne this `� day of 1 /C�`"C , , 20QV, byFc/c.ct, as " of Riviera Federation Association, Inc., on behalf of the corporation, who is personally known to me or ?! 1J. , has produced suitable identification. t7�n VIRGINIA A. MULLIGAN MY COMMISSION # DD 083403 EXPIRES: February 18, 2006 +: ''•A ea Bonded Thru Notary PUNC Underwriters �fl ^P i��}. A± ^:L :i+:r'f: y+x' a:!'ti'L.:ai�li�ids:a +hw :n.dt•r�....._..: AP Qr ed as o form -1 1 sufficiency Assistant County AttlWMY t ION T. Cl id* ' � Notary Pu i ^ . Print Name: `Ny Commission E pires: 16B12 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 MEMORANDUM Date: April 9, 2003 dm� To: Bob Petersen, Project Manager Alternative Transportation Modes /Road; Landscape Maintenance From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Resolution 2003 -135 and three Florida Department of Transportation Local Agency Program Agreements for the Rural Safety Refuge Project Enclosed please find one certified copy of the resolution and three original corresponding agreements for same as referenced above, approved by the Board of County Commissioners on Tuesday, April 8, 2003 (Agenda Item #161313). Kindly forward these documents to the appropriate person(s) for the required signature(s), and return one fully executed original to Minutes and Records. Thank you. Enclosures 16B1a RESOLUTION NO. 2003- 13 5 A RESOLUTION AUTHORIZING EXECUTION OF A STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION LOCAL AGENCY PROGRAM AGREEMENT FOR THE RURAL SAFETY REFUGE PROJECT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners (Board) wishes to provide Rural Safety Refuge Shelters for School children; and WHEREAS, the State of Florida Department of Transportation (FDOT) is authorized under Section 334.044, Florida Statutes, to enter into a Local Agency Program (LAP) Agreement with certified agencies; and WHEREAS, Collier County is a certified agency; and WHEREAS, the purpose of the LAP Agreement is to provide for the FDOT's participation in Collier County's "Rural Safety Refuge" Project, further described in Exhibit "A "; and WHEREAS, the Board believes such an Agreement to be in the best interest of the citizens of Collier County. NOW THEREFORE, be is resolved by the Board of County Commissioners, of Collier County that: SECTION ONE: The Board does hereby authorize its Chairman to execute the FDOT LAP Agreement attached hereto as Exhibit `B" for participation in the "Rural Safety Refuge" Project wherein Collier County agrees to pay the estimated project costs of $135,125.00 and complete the project on or before December 31, 2003. SECTION TWO: Upon completion of the projects as set forth in the LAP Agreement, the FDOT agrees to reimburse the estimated projects costs of $135,125.00 to Collier County. SECTION THREE: This Resolution shall take effect immediately upon its passage. This Resolution adopted after motion, second and majority vote favoring same this J•h day of And 2003. ATTEST: Di IQHT E. BROCK, Clerk LtC'Wfk#o Chairman's '.' 3i9natUre on . Approved -as to form and legal Sufficiency: ue e Hubbard Robinson A istant County Attorney BOARD OF CO TY COMMISSIONERS COLLIER CO TY, F IDA By: 775� - Tom Henning, airman State of Florida Department of Transportation 525 -010-40 LOCAL AGENCY PROGRAM AGREEMENT CONSTRUCTION OGC -11/02 Page 1 of 12 FPN No 199452- 1 -58 -01 Fund: 215 FLAIR Approp: Federal No: 8888 893 A Org. Code: smun1n1Sn FLAIR Obj.: s11n11 FPN No. Fund: FLAIR Approp: Federal No: Org. Code: FLAIR Obj.: County No. D'j Contract No: Vendor No.: F �Annnn5�R1 m Catalog of Federal Domestic Assistance (CFDA): 20.205 Highway Planning and Construction THIS AGREEMENT, made and entered into this day of by and between the STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION, an aqencv of the State of Florida, hereinafter called the Department, and cnllier Cnunty• Attn• Finanr.P nppt 9871 Airpnrt Rd Ste 909• Naples, Fl 14119 hereinafter called the Agency. WITNESSETH: WHEREAS, the Agency has the authority to enter into said Agreement and to undertake the project hereinafter described, and the Department has been granted the authority to function adequately in all areas of appropriate jurisdiction including the implementation of an integrated and balanced transportation system and is authorized under Section 334.044, Florida Statutes toenter into this Agreement; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the parties agree as follows: 1.00 Purpose of Agreement: The purpose of this Agreement is to provide for the Department's participation in Public Transportation Sh It r and as further described in Exhibit "A" attached hereto and by this reference made a part hereof, hereinafter called the project, and to provide Departmental financial assistance to the Agency and state the terms and conditions upon which such assistance will be provided and the understandings as to the manner in which the project will be undertaken and completed. 1.01 Modifications and Additions: Exhibit(s) A & B are attached hereto and by this reference made a part hereof 2.00 Accomplishment of the Project: 2.01 General Requirements: The Agency shall commence, and complete the project as described in EXHIBIT "A" with all practical dispatch, in a sound, economical, and efficient manner, and in accordance with the provisions herein, and all applicable laws. The project will be performed in accordance with all applicable Department procedures, guidelines, manuals, standards, and directives as described in the Department's Local Agency Program Manual, which by this reference is made a part hereof as if fully set forth herein. A full time employee of the Agency, qualified to ensure that the work being pursued is complete, accurate, and consistent with the terms, conditions, and specifications of this Agreement shall be in charge of each project. 2.02 Expiration of Agreement: The Agency agrees to complete the project on or before 12/31/2003 If the Agency does not complete the project within this time period, this Agreement will expire on the last day of scheduled completion as provided in this paragraph unless an extension of the time period is requested by the Agency and granted in writing by the Department prior to the expiration of the Agreement. Expiration of this Agreement will be considered termination of the project. The cost of any work performed after the expiration date of the Agreement will not be reimbursed by the Department. 2.03 Pursuant to Federal, State, and Local Law: In the event that any election, referendum, approval, permit, notice, or other proceeding or authorization is requisite under applicable law to enable the Agency to enter into this Agreement or to undertake the project hereunder, or to observe, assume or carry out any of the provisions of the Agreement, the Agency will initiate and consummate, as provided by law, all actions necessary with respect to any such matters so requisite. 2.04 Funds of the Agency: The Agency shall initiate and prosecute to completion all proceedings necessary, including Federal -aid requirements, to enable the Agency to provide the necessary funds for completion of the project. 16B13 s2 0 CONSTRUCTION - OGC - 11/02 Page 2 of 12 2.05 Submission of Proceedings, Contracts, and Other Documents: The Agency shall submit to the Department such data, reports, records, contracts, and other documents relating to the project as the Department and the Federal Highway 3.00 Project Cost: 3.01 Total Cost: The estimated total cost of the project is $ 135,125.00 . This amount is based upon the schedule of funding in Exhibit "B" attached hereto and by this reference made a part hereof. The Agency agrees to bear all expenses in excess of the total cost of the project and any deficits involved. The schedule of funding may be modified by mutual agreement as provided for in paragraph 4.00 of this agreement. 3.02 Department Participation: The Department agrees to participate, including contingencies, in the project cost to the extent provided in Exhibit "B ". This amount includes Federal -aid funds which are limited to the actual amount of Federal -aid participation. 3.03 Limits on Department Funds: Project costs eligible for Department participation will be allowed only from the date of this Agreement. It is understood that Department participation in eligible project costs is subject to: a) Legislative approval of the Department's appropriation request in the work program year that the project is scheduled b) Availability of funds as stated in paragraphs 3.04 and 3.05 of this Agreement; c) Approval of all plans, specifications, contracts or other obligating documents and all other terms of this Agreement; d) Department approval of the project scope and budget at the time appropriation authority becomes available. 3.04 Appropriation of Funds: The Department's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Legislature. If the Department's funding for this project is in multiple fiscal years, funds approval from the Department's Comptroller must be received each fiscal year prior to costs being incurred. See Exhibit B for funding levels by fiscal year. Project costs utilizing these fiscal year funds are not eligible for reimbursement if incurred prior to funds approval being received. The Department will notify the Agency, in writing, when funds are available. 3.05 Multi -Year Commitment: In the event this Agreement is in excess of $25,000 and has a term for a period of more than one year, the provisions of Section 339.135(6)(a), Florida Statutes, are hereby incorporated: "The department, during any fiscal year, shall not expend money, incur any liability, or enter into any contract which, by its terms, involves the expenditure of money in excess of the amounts budgeted as available fo expenditure during such fiscal year. Any contract, verbal or written, made in violation of this subsection is null and void, and no money may be paid on such contract. The department shall require a statement from the comptroller of the Department that funds are available prior to entering into any such contract or other binding commitment of funds. Nothing herein contained shall prevent the making of contracts for periods exceeding 1 year, but any contract so made shall be executory only for the value of the services to be rendered or agreed to be paid for in succeeding fiscal years, and this paragraph shall be incorporated verbatim in all contracts of the Department which are for an amount in excess of $25,000 and which have a term for a period o5f more than 1 year." 3.06 Notice to Proceed: No cost may be incurred under this contract until the Agency has received a Notice to Proceed from the Department. 3.07 Limits on Federal Participation: Federal -aid funds shall not participate in any cost which is not incurred in conformity with applicable federal and state law, the regulations in 23 C.F.R. and 49 C.F.R., and policies and procedures prescribed by the Division Administrator of the Federal Highway Administration (FHWA). Federal funds shall not be paid on account of any cost incurred prior to authorization by the FHWA to the Department to proceed with the project or part thereof involving such cost. (23 CFR 1.9 (a)). If FHWA or the Department determines that any amount claimed is not eligible, federal participation may be approved in the amount determined to be adequately supported, the Department shall notify the Agency in writing citing the reasons why items and amounts are not eligible for Federal participation. Where correctable non - compliance with provisions of law or FHWA requirements exists, federal funds may be withheld until compliance is obtained. Where non - compliance is not correctable, FHWA or the Department may deny participation in parcel or project costs in part or in total. J 5125010'40 CONSTRUCTION - OGC - 11102 Page 3 of 12 For any amounts determined to be ineligible for federal reimbursement for which the Department has advanced payment the Agency shall promptly reimburse the Department for all such amounts within 90 days of written notice. 4.00 Project Estimate and Disbursement Schedule: Prior to the execution of this Agreement, a project schedule of funding, shall be prepared by the Agency and approved by the Department. The Agency shall maintain said schedule of funding, carry out the project and shall incur obligations against and make disbursements of project funds only in conformity with the latest approved schedule of funding for the project. The schedule of funding may be revised by mutual written agreement between the Department and the Agency. If revised, a copy of the revision should be forwarded to the Department's Comptroller and to the Department's Federal -Aid Program Office. No increase or decrease shall be effective unless it complies with fund participation requirements established in Exhibit "B" of this Agreement and is approved by the Department's Comptroller. 5.00 Records: 5.01 Establishment and Maintenance of Accounting Records: Records of costs incurred under terms of this Agreement shall be maintained and made available upon request to the Department at all times during the period of this Agreement and for five(5) years after final payment is made. Copies of these documents and records shall be furnished to the Department upon request. Records of costs incurred includes the Agency's general accounting records and the project records, together with supporting documents and records, of the Agency and all subcontractors performing work on the project and all other records of the Agency and subcontractors considered necessary by the Department for a proper audit of costs. If any litigation, claim, or audit is started before the expiration of the five(5) year period, the records shall be retained until all litigation, claims, or audit findings involving the records have been resolved. 5.02 Costs Incurred for the Project: The Agency shall charge to the project account all eligible costs of the project. Costs in excess of the latest approved schedule of funding or attributable to actions which have not received the required approval of the Department shall not be considered eligible costs. 5.03 Documentation of Project Costs: All costs charged to the project, including any approved services contributed by the Agency or others, shall be supported by properly executed payrolls, time records, invoices, contracts or vouchers evidencing in proper detail the nature and propriety of the charges. 5.04 Audit Reports: Recipients of Federal and State funds are to have audits done annually using the following criteria: Federal awards are to be identified using the Catalog of Federal Domestic Assistance (CFDA) title and number, award number and year, and name of the awarding federal agency. State awards will be identified using the Catalog of State Financial Assistance (CSFA) title and number, award number and year, and name of the awarding State Agency. In the event that a recipient expends $300,000 or more in federal awards in its fiscal year, the recipient must haDe a single or program specific audit conducted in accordance with the United States Office of Management and Budget (OMB) Circular A -133. If a recipient expends less than $300,000 in federal awards during its fiscal year, an audit conducted in accordance with the OMB Circular A -133 is not required. If a recipient expends less than $300,000 in federal awards during its fiscal year and elects to have an audit conducted in accordance with OMB Circular A -133, the cost of the'audit must be paid from non - federal funds. Reporting Packages and management letters generated from audits conducted in accordance with OMB Circular A -133 shall be submitted to the awarding FDOT office, by the recipient, within 30 days of receiving it. The aforementioned items are to be received by the appropriate FDOT office no later than 9 months after the end of the recipient's fiscal year. 16813. CONSTRUCTION OGC - 11102 Page 4 of 12 The recipient shall follow up and take corrective action on audit findings. Preparation of a summary schedule of prior year audit findings, including corrective action and current status of the audit finding is required. Current year audit findings require corrective action and status of finding. Records related to unresolved audit findings, appeals, or litigation shall be retained until the action is completed or the dispute is resolved. Access to project records and audit work papers shall be given to the FDOT, the Comptroller, and the Office of the Auditor General. The recipient shall submit required audit documentation as follows: A Reporting Package and Data Collection Form for each audit conducted in accordance with OMB Circular A -133 shall be sent to: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jefferson, IN 47132 5.05 Inspection: The Agency shall permit, and shall require its contractors to permit, the Department's authorized representatives and authorized agents of the Federal Highway Administration to inspect all work, workmanship, materials, payrolls, records and to audit the books, records and accounts pertaining to the financing and development of the project. The Department reserves the right to unilaterally cancel this Agreement for refusal by the Agency or any contractor, sub- contractor or materials vendor to allow public access to all documents, papers, letters or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received in conjunction with this Agreement. (Section 287.058(1)(c), Florida Statutes) 5.06 Uniform Relocation Assistance and Real Property Statistical Report: For any project requiring additional right of way, the Agency must submit to the Department an annual report of its real property acquisition and relocation assistance activities on the project. Activities shall be reported on a federal fiscal year basis, from October 1 through September 30. The report must be prepared using the format prescribed in 49 CFR 24, Appendix B and be submitted to the Department no later than October 15 each year. 6.00 Requisitions and Payments: Requests for reimbursement for fees or other compensation for services or expenses incurred - All recipients of funds from this agreement, including those contracted by the Agency, must submit bills for any travel expenses, when authorized by the terms of this agreement, in accordance with Section 112.061 Florida Statutes and Chapter 3- Travel of the Department's Disbursement Operations Manual, Topic 350 - 030 -400. (Section 287.058(1)(b), Florida Statutes) If, after project completion, any claim is made by the Department resulting from an audit or for work or services performed pursuant to this Agreement, the Department may offset such amount from payments due for work or services done under any agreement which it has with the Agency owing such amount if, upon demand, payment of the amount is not made within sixty (60) days to the Department. Offsetting any amount pursuant to this section shall not be considered a breach of contract by the Department. 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if. 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficienc with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination o specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 5 -010-40 103 UCTION OGC - 11102 Page 5 of 12 7.00 The Department's Obligations: Subject to other provisions hereof, the Department will honor requests for reimbursement to the Agency in amounts and at times deemed by the Department to be proper to ensure the carrying out of the project and payment of the eligible costs. However, notwithstanding any other provision of this Agreement, the Department may elect by notice in writing not to make a payment if. 7.01 Misrepresentation: The Agency shall have made misrepresentation of a material nature in its application, or any supplement thereto or amendment thereof, or in or with respect to any document of data furnished therewith or pursuant hereto; 7.02 Litigation: There is then pending litigation with respect to the performance by the Agency of any of its duties or obligations which may jeopardize or adversely affect the project, this Agreement or payments to the project; 7.03 Approval by Department: The Agency shall have taken any action pertaining to the project, which under this Agreement, requires the approval of the Department or has made related expenditure or incurred related obligations without having beenadvised by the Department that same are approved; 7.04 Conflict of Interests: There has been any violation of the conflict of interest provisions contained herein; or 7.05 Default: The Agency has been determined by the Department to be in default under any of the provisions of the Agreement. 7.06 Federal Participation: The Department may suspend or terminate payment for that portion of the project which the FHWA, or the Department acting in lieu of the FHWA, may designate as ineligible for federal -aid. 7.07 Disallowed Costs: In determining the amount of the payment, the Department will exclude all project costs incurred by the Agency prior to the effective date of this Agreement or the date of authorization, costs incurred after the expiration of the Agreement, costs which are not provided for in the latest approved schedule of funding for the project, and costs attributable to goods or services received under a contract or other arrangements which have not been approved in writing by the Department. 7.08 Final Invoices: The Agency must submit the final invoice on the project to the Department within 120 days after the completion of the project. Invoices submitted after the one hundred twenty (120) day time period may not be paid. 8.00 Termination or Suspension of Project: 8.01 Termination or Suspension Generally: The Department may, by written notice to the Agency, suspend any or all of its obligations under this Agreement until such time as the event or condition resulting in such suspension has ceased or been corrected, or the Department may terminate this Agreement in whole or in part at any time the interest of the Department requires such termination. If the Department determines that the performance of the Agency is not satisfactory, the Department shall have the option of (a) immediately terminating this Agreement or (b) suspending this Agreement and notifying the Agency of the deficienc with a requirement that the deficiency be corrected within a specified time, otherwise the Agreement will be terminated at the end of such time. Suspension of the contract will not affect the time period for completion of this Agreement. If the Department requires termination of this Agreement for reasons other than unsatisfactory performance of the Agency, the Department shall notify the Agency of such termination, with instructions as to the effective date of termination o specify the stage of work at which this Agreement is terminated. If this Agreement is terminated before performance is completed, the Agency shall be paid for the work satisfactorily performed. Payment is to be on the basis of substantiated costs. 8.02 Action Subsequent to Notice of Termination or Suspension. Upon receipt of any final termination or suspension notice under this paragraph, the Agency shall proceed promptly to carry out the actions required therein which may include any or all of the following: (a) necessary action to terminate or suspend, as the case may be, project activities and contracts and such other action as may be required or desirable to keep to the minimum the costs upon the basis of which the financing is to be computed; (b) furnish a statement of the project activities and contracts, and other undertakings the cost of which are otherwise includable as project costs. The termination or suspension shall be carried out in conformity with the latest schedule, plan, and costs approved by the Department or upon the basis of terms and conditions 6 -CO &ITRu N i n4fivo2 Page 6 of 12 imposed by the Department upon the failure of the Agency to furnish the schedule, plan, and estimate within a reasonable time. The closing out of federal financial participation in the project shall not constitute a waiver of any claim which the Department may otherwise have arising out of this Agreement. 9.00 Contracts of the Agency: 9.01 Third Party Agreements: Except as otherwise authorized in writing by the Department, the Agency shall not execute any contract or obligate itself in any manner requiring the disbursement of Department funds, including consultant or construction contracts or amendments thereto, with any third party with respect to the project without the written approval of the Department. Failure to obtain such approval shall be sufficient cause for nonpayment by the Department. The Department specifically reserves unto itself the right to review the qualifications of any consultant or contractor and to approve or disapprove the employment of the same. 9.02 Compliance with Consultants' Competitive Negotiation Act: It is understood and agreed by the parties hereto that participation by the Department in a project with an Agency, where said project involves a consultant contract for engineering, architecture or surveying services, is contingent on the Agency complying in full with provisions of Section 287.055, Florida Statutes, Consultants Competitive Negotiation Act. At the discretion of the Department, the Agency will involve the Department in the Consultant Selection Process for all projects. In all cases, the Agency's attorney shall certify to the Department that selection has been accomplished in compliance with the Consultants' Competitive Negotiation Act. 10.00 Disadvantaged Business Enterprise (DBE) Policy and Obligation: 10.01 DBE Policy: It is the policy of the Department that disadvantaged business enterprises, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with Department funds under this Agreement. The DBE requirements of applicable federal and state regulations apply to this Agreement. 10.02 DBE Obligation: The Agency and its contractors agree to ensure that Disadvantaged Business Enterprises as defined in applicable federal and state regulations, have the opportunity to participate in the performance of contracts and this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state regulations, to ensure that the Disadvantaged Business Enterprises have the opportunity to compete for and perform contracts. The Agency shall not discriminate on the basis of race, color, national origin or sex in the award and performance of Department assisted contracts. 10.03 Disadvantaged Business Enterprise (DBE) Obligations: If Federal Transit Administration or FHWA Funding is a part of this project, the Agency must comply with applicable federal and state regulations. 11.00 Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion (Applicable to all federal -aid contracts — 49 CFR 29) By signing and submitting this Agreement, the Agency is providing the certification set out below: The inability of the Agency to provide the certification set out below will not necessarily result in denial of participation in this covered transaction. The Agency shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with the Department's determination whether to enter into this transaction. However, failure of the Agency to furnish a certification or an explanation shall disqualify the Agency from participation in this transaction. The certification in this clause is a material representation of fact upon which reliance was placed when the Department determined to enter into this transaction. If it is later determined that the Agency knowingly rendered an erroneous certification, in addition to other remedies available, the Department may terminate this transaction for cause of default. The Agency shall provide immediate written notice to the Department if any time the Agency learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. The terms "covered "debarred," "suspended," ineligible," "lower tier covered transaction," "participant," "person," primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. Contact the Department for assistance in obtaining a copy of those regulations. 6 B 1 CONST CTION OGC - 11/02 Page 7 of 12 The Agency further agrees by executing this Agreement that it shall not knowingly enter into any contracts with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the Department. The Agency further agrees by submitting this Agreement that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," provided by the Department, without modification, in all contracts and in all solicitations for contracts. The Agency may rely upon a certification of a prospective sub - contractor that the person or entity is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. The Agency may decide the method and frequency by which it determines the eligibility of its sub - contractors. The Agency may, but is not required to, check the nonprocurement portion of the "Lists of Parties Excluded From Federal Procurement or Nonprocurement Programs" ( Nonprocurement List) which is compiled by the General Services Administration. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of the Agency is not required to exceed that which is normally processed by a prudent person in the ordinary course of business dealings. Unless authorized by the Department, if the Agency knowingly enters into a contract with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available, the Department may terminate this agreement for cause or default. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion: The Agency certifies, by execution of this Agreement, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. Where the Agency is unable to certify to any of the statements above, an explanation shall be attached to this proposal. 12.00 Restrictions, Prohibitions, Controls, and Labor Provisions: 12.01 Equal Employment Opportunity: In connection with the performance of any project, the Agency shall not discriminate against any employee or applicant for employment because of race, age, religion, color, sex, national origin, disability or marital status. The Agency will take affirmative action to ensure that applicants are employed and that employees are treated during employment without regard to their race, age, religion, color, gender, national origin, disability or marital status. Such action shall include, but not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Agency shall insert the foregoing provision in all contracts modified only to show the particular contractual relationship in all its contracts in connection with the development of operation of the project, except contracts for the standard commercial supplies or raw materials, and shall require all such contractors to insert a similar provision in all subcontracts, except subcontracts for standard commercial supplies or raw materials. When the project involves installation, construction, demolition, removal, site improvement, or similar work, the Agency shall post, in conspicuous places available to employees and applicants for employment for project work, notices to be provided by the Department setting forth the provisions of the nondiscrimination clause. 12.02 Title VI - Civil Rights Act of 1964: The Agency will comply with all the requirements imposed by Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d), the Regulations of the Federal Department of Transportation issued thereunder, The Agency shall include provisions in all contracts with third parties that ensure compliance with Title VI of the Civil Rights Act of 1964, 49 C.F.R., Part 21, and related statutes and regulations. 12.03 Americans with Disabilities Act of 1990 (ADA): The Agency will comply with all the requirements as imposed by the ADA, the regulations of the federal government issued thereunder, and assurance by the Agency pursuant thereto. 168125-0 1 0 coUCTION- OGC - 11102 Page 8 of 12 12.04 Public Entity Crime: A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 12.05 Discrimination: In accordance with Section 287.134 Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, maintained by the Florida Department of Management Services, may not submit a bid on a contract to provide goods or services to a public entity; may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work; may not submit bids on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity; and may not transact business with any public entity. 12.06 Prohibited Interests: Neither the Agency nor any of its contractors or their subcontractors shall enter into any contract, subcontract, or arrangement in connection with the project or any property included or planned to be included in the project in which any member, officer, or employee of the Agency or the locality during his tenure or for two years thereafter has any interest, direct or indirect. If any such present or former member, officer, or employee involuntarily acquires or had acquired any such interest prior to the beginning of his tenure, and if such interest is immediately disclosed to the Agency, the Agency with prior approval of the Department may waive the prohibition contained in this subsection, provided, that any such present member, officer or employee shall not participate in any action by the Agency or the locality relating to such contract, subcontract, or arrangement. The Agency shall insert in all contracts entered into in connection with the project or any property included or planned to be included in any project, and shall require its contractors to insert in each of their subcontracts, the following provision: "No member, officer or employee of the Agency or of the locality during his tenure or for two years thereafter shall have any interest, direct or indirect, in this contract or the proceeds thereof." The provisions of this subsection shall not be applicable to any agreement between the Agency and its fiscal depositories, or to any agreement for utility services the rates for which are fixed or controlled by a govemmental agency. 12.07 Interest of Members of or Delegate to, Congress: No member of or delegate to the Congress of the United States shall be admitted to any share or part of the Agreement or any benefit arising therefrom. 13.00 Miscellaneous Provisions: 13.01 Environmental Regulations: The Agency will be solely responsible for compliance with all applicable environmental regulations and for any liability arising from non - compliance with these regulations and will reimburse the Department for any loss incurred in connection therewith. The Agency will be responsible for securing any applicable permits. 13.02 Department Not Obligated to Third Parties: The Department shall not be obligated or liable hereunder to any party other than the Agency. 13.03 When Rights and Remedies Not Waived: In no event shall the making by the Department of any payment to the Agency constitute or be construed as a waiver by the Department of any breach of covenant or any default which ma then exist on the part of the Agency and the making of such payment by the Department, while any such breach or default shall exist, shall in no way impair or prejudice any right or remedy available to the Department with respect to such breach or default. 13.04 How Agreement Is Affected by Provisions Being Held Invalid: If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected. In such an instance the remainder would then continue to conform to the terms and requirements of applicable law. 13.05 Bonus or Commission: By execution of the Agreement, the Agency represents that it has not paid and, also, agrees not to pay, any bonus or commission for the purpose of obtaining an approval of its application for the financing hereunder. 16915u4c,,.2 , . Page 9 of 12 13.06 State Law: Nothing in the Agreement shall require the Agency to observe or enforce compliance with any provision thereof, perform any other act or do any other thing in contravention of any applicable state law, provided, that if any of the provisions of the Agreement violate any applicable state law, the Agency will at once notify the Department in writing in order that appropriate changes and modifications may be made by the Department and the Agency to the end that the Agency may proceed as soon as possible with the project. 13.07 Contractual Indemnity: To the extent permitted by law, the Agency shall indemnify, defend, save, and hold harmless the Department and all its officers, agents and employees from any claim, loss, damage, cost, charge o expense arising out of any act, error, omission or negligent act by the Agency, its officers, agents or employees during the performance of the Agreement except that neither the Agency, its officers, agents or its employees will be liable under this paragraph for any claim, loss damage, cost, charge or expense arising out of any act, error, omission or negligent act b the Department or any of its officers, agents or employees during the performance of the Agreement. The parties agree that this clause shall not waive the benefits or provisions of Section 768.28, Florida Statutes, or any similar provision of law. When the Department receives a notice of claim for damages that may have been caused by the Agency in the performance of services required under this Agreement, the Department will immediately forward the claim to the Agency. The Agency and the Department will evaluate the claim and report their findings to each other within 14 working days and will jointly discuss options in defending the claim. After reviewing the claim, the Department will determine whether to require the participation of the Agency in the defense of the claim or to require the Agency defend the Department in such claim as described in this section. The Department's failure to promptly notify the Agency of a claim shall not act as a waiver of any right herein to require the participation in or defense of the claim by the Agency. The Department and the Agency will each pay its own expenses for the evaluation, settlement negotiations, and trial, if any. However, if only one party participates in the defense of the claim at trial, that party is responsible for all expenses at trial. 13.08 Plans and Specifications: In the event that this Agreement involves constructing and equipping of facilities on the State Highway System, the Agency shall submit to the Department for approval all appropriate plans and specifications covering the project. The Department will review all plans and specifications and will issue to the Agency written approval with any approved portions of the project and comments or recommendations covering any remainder of the project deemed appropriate. After resolution of these comments and recommendations to the Department's satisfaction, the Department will issue to the Agency written approval regarding the remainder of the project. Failure to obtain this written approval shall be sufficient cause for nonpayment by the Department. 13.09 Right of Way Certification: Upon completion of right of way activities on the project, the Agency must certify compliance with all applicable federal and state requirements. Certification is required prior to advertisement for or solicitation of bids for construction of the project, including those projects for which no right of way is required. 13.10 Agency Certification: The Agency will certify in writing, prior to project closeout, that the project was completed in accordance with applicable plans and specifications, is in place on the Agency facility, that adequate title is in the Agency, and that the project is accepted by the Agency as suitable for the intended purpose. 13.11 Agreement Format: All words used herein in the singular form shall extend to and include the plural. Ar words used in the plural form shall extend to and include the singular. All words used in any gender shall extend to and include all genders. 13.12 Execution of Agreement: This Agreement may be simultaneously executed in a minimum of two counterparts, each of which so executed shall be deemed to be an original, and such counterparts together shall constitute one in the same instrument. 13.13 Restrictions on Lobbying: Federal: The Agency agrees that no federally appropriated funds have been paid, or will be paid by or on behalf of the Agency, to any person for influencing or attempting to influence any officer or employee of any federal agency, a member of Congress an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment or modification of any federal contract, grant, loan, or cooperative agreement. '. a a125-000,, If any funds other than federally appropriated funds have been paid by the Agency to any person for influencing or attempting to influence an officer or employee of any federal agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Agreement, the undersigned shall complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. The Agency shall require that the language of this section be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. State: No funds received pursuant to this contract may be expended for lobbying the Legislature or a state agency. 13.14 Maintenance: The Agency agrees to maintain any project not on the State Highway System, constructed under this Agreement. If the Agency constructs any improvement on Department right -of -way, the Agency @ wil O will not maintain the improvements made for their useful life. 13.15 Vendors Rights: Vendors (in this document identified as Agency) providing goods and services to the Department should be aware of the following time frames. Upon receipt, the Department has five 5 working days to inspect and approve the goods and services unless the bid specifications, purchase order, or contract specifies otherwise. The Department has 20 days to deliver a request for payment (voucher) to the Department of Banking and Finance. The 20 days are measured from the latter of the date the invoice is received or the goods or services are received, inspected, and approved. If a payment is not available within 40 days after receipt of the invoice and receipt, inspection, and approval of goods and services, a separate interest penalty in accordance with Section 215.422(3)(b), Florida Statutes, will be due and payable, in addition to the invoice amount to the Agency. Interest penalties of less than one $1 will not be enforced unless the Agency requests payment. Invoices which have to be returned to an Agency because of Agency preparation errors will result in a delay in the payment. The invoice payment requirements do not start until a properly completed invoice is provided to the Department. A Vendor Ombudsman has been established within the Department of Banking and Finance. The duties of this individual include acting as an advocate for Agencies who may be experiencing problems in obtaining timely payment(s) from the Department. The Vendor Ombudsman may be contacted at (850)410 -9724 or by calling the State Comptroller's Hotline at 1- 800 - 848 -3792. IN WITNESS WHEREOF, the parties have caused these presents to be executed the day and year first above written. AGENCY STATE OF FLORIDA DEPARTMENT OF TRANSPORTATION 1' (, Title: BOCCj„ hairman r Desginee By By: Title: Director of Production Attest: y • �l�:l Attest: : Title: Clerk ' w Title l est as A6-0. airman s As to form: I At r�i` ey Executive Secretary As to form: District Attorney See attached Encumbrance Form for date of funding approval by Comptroller. FPN NO.199452- 1 -58 -01 EXHIBIT A Project Description and Responsibilities 525 -010-40 CONSTRUCTION OGC -11102 Page 11 of 12 This exhibit forms an integral part of that certain Reimbursement Agreement between the State of Florida, Department of Transportation and Collier County Dated PROJECT LOCATION: Rural area of Collier County The project O is IO is not on the National Highway System. The project O is @ is not on the State Highway System. PROJECT DESCRIPTION: Construction and inspection of school bus safety shelters. SPECIAL CONSIDERATION BY AGENCY: All work to be conducted within Department Right -of -Way shall adhere to the following: (1) The FDOT standard specification for road and bridge construction, 2001 edition as amended, and (2) The FDOT roadway and traffic design standard, 2001 edition as amended, and (3) For all projects the following will apply: a) Section 287.055, F.S. "Consultants Competitive Negotiation Act" b) FDOT "Project Development and Environmental Manual," where appplicable c) The Local Agency Program Manual SPECIAL CONSIDERATION BY DEPARTMENT: The Department shall reimburse the Agency upon completion of work, subject to funds availability, in the year programmed (currently FY 02/03). 16BI325 FUNDING -010-40 Collier County CONSTRUCTION_ 199452- 1 -58 -01 Attn: Finance Department AGREEMENT OGC -11/02 2671 Airport Rd., Ste. 202 EXHIBIT "B" Page 12 of 12 AGENCY NAME & BILLING ADDRESS FUNDING FPN. NO. Collier County STATE OF FLORIDA DEPARTMENT DF TRANSFORTATM LOCAL AGENCY PROGRAM 199452- 1 -58 -01 Attn: Finance Department AGREEMENT 2671 Airport Rd., Ste. 202 EXHIBIT "B" Naples, Florida 34112 SCHEDULE OF FUNDING PROJECT DESCRIPTION Name Various rural locations Termini Various school bus stops throughout some rural areas of Collier County. Length N/A TYPE OF WORK by Fiscal Year FUNDING (1) TOTAL PROJECT FUNDS (2) AGENCY FUNDS (3) STATE & FEDERAL FUNDS P.E. 2002 -2003 2003 -2004 2004 -2005 Total PE $0.00 $0.00 $0.00 Right -of -Way 2002 -2003 2003 -2004 2004 -2005 Total Right-of-Way Cost $0.00 $0.00 $0.00 Construction 2002 -2003 2003 -2004 2004 -2005 2005 -2006 Total Contract Costs Construction Engineering and Inspection 2002 -2003 2003 -2004 2004 -2005 Total Construction Engineering Total Construction Cost $135,125.00 $0.00 $135,125.00 $135,125.00 $0.00 $135,125.00 $0.00 $0.00 $0.00 1 $0.00 $0.00 $0.00 $135,125.00 $0.00 $135,125.00 ESTIMATED TOTAL COST OF THE PROJECT $135,125.00 $0.00 $135,125.00 The Department's fiscal year begins on July 1. Forthis project, funds are not projected to be available until after July 1st each fisceiyear. The Department will notify the Agency, in writing, when funds are available. r r GENERAL RELEASE That COLLIER COUNTY, a political subdivision of the State of Florida, ( "COUNTY "), for and in consideration of the sum of TWO HUNDRED NINETY -SEVEN THOUSAND SEVEN HUNDRED NINETY -ONE AND 50 /100 DOLLARS, ($297.791.50), the receipt and sufficiency of which is hereby acknowledged, does hereby remise, release, and forever discharge WCI COMMUNITIES, INC., a Delaware corporation ( "WCP') , as well as its employees, agents, attorneys, representatives, successors and assigns, of and from any and all, and all manner of, actions and causes of action, rights, suits, covenants, contracts, agreements, judgments, claims, warranties, implied or express, and demands whatsoever in law or equity, arising from and by reason of the construction of the golf cart underpass within the Livingston Road right -of -way, and as more specifically described in the Amendment to Standard Form, Collier County Developer Contribution Agreement for Road Impact Fee Credits for WCI Communities, Inc., and attachments, whether known or unknown, foreseen or unforeseen, including any claims for bodily and personal injury, death, or property damage. This Release is expressly limited to claims that are related to the construction of the underpass and shall not be construed as releasing WCI from future liability for its maintenance or use of the golf cart underpass or the easement within which such improvements lie. In witness whereof, the Chairman of the Board of County Commissioners of Collier County, has set his hand hereunto on this 84k day of April, 2003. ATTEST: DWIGHT E PIOCK By: Deputy Clerk AtteWV r;rian's s1gnatLwe unly4 Approved as to form and legal sufficiency: Ellen T. Chadwell Assistant County Attorney COLLIER COUNTY, apolitical subdivision f the Stat of Florida 0 TOM HENNING, as Chairman 16B14 CHANGE ORDER NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF MARCH 17, 2004 Im MEMORANDUM Date: April 9, 2003 To: Raymond Smith Pollution Control From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: South Florida Water Management District Agreement Enclosed please find two original documents as referenced above, approved by the Board of County Commissioners on April 8, 2003 (Agenda Item #1603). Kindly forward these documents for the required signatures, and return a fully executed original to Minutes and Records. If you should have any questions, please contact me at: 774 -8406. Thank you. Enclosures (2) PS EH M4N4 P ORIGINAL 6 n -Y SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT �Z c THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all'Invoices and Cori I6 on nce DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: ..1 L L F­11--- : ...'v`. t l� T. Name: COLLIER COUNTY, FLORIDA C -15374 Address: 3301 E. TAMIAMI TRAIL MBE PARTICIPATION: 0% BUILDING D NAPLES, FL 34112 Project Manager: Raymond Smith Telephone No: (239) 732 -2502 Fax No: _. (239)732-2574 Hereinafter referred to as: COUNTY PROJECT TITLE: COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Special Provisions Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable Exhibit "C" - Statement of Work Exhibit •'J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - FDEP Flowdown Provisions Exhibit "G" - Not Applicable TOTAL AGREEMENT AMOUNT: $23,400.00 AGREEMENT TYPE: Not -to- Exceed Multi -Year Funding (If Applicable) Fiscal Year: October 1, 2002- September 30, 2003 $7,800.00 Fiscal Year: Fiscal Year: October 1, 2003 - September 30, 2004 $7,800.00* Fiscal Year: Fiscal Year: October 1, 2004- September 30, 2005 $7,800.00* Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: Three 3 Years EFFECTIVE DATE: October 1 2002 District Project Manager: CAROLE MADDOX District Contract Administrator: Telephone No: (561) 681 -2500 Johanna Labrada (561) 682 -2720 Fax No. (561) 681 -6310 Fax No.: (561) 682 -6397 or (561) 681 -6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT: COLLIER COUNTY, FLORIDA South Florida Water Management District 3301 Gun Club Road 3301 E. TAMIAMI TRAIL West Palm Beach, Florida 33406 BUILDING D Attention: Procurement Department NAPLES, FL 34112 Attention: Raymond Smith IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTYZFL RI DA SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: - Accepted By: Sig atu AuthoriiWRepresentati V e Frank Hayden, Procurement Director ` Date: Title: Tom Henning, thairtuan y =8 -03 OFFICE gFTOUNSEL AIWRt)VED Date: - 8 - 03 BY. DATE- � SF -PRO REMENT APPRO�F. B : t Date: ' J� Annrnvn �c to l,r,n x. �caa�.y assistant Co my Attorney Attest" . a to Chairman's SiR'1 ?i ttr2_ nril v SOUTH FLORIDA ♦ , MANAGEMENT DISTRICT AGREEMENT EXHIBIT "A" SPECIAL PROVISIONS The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this Agreement, this Exhibit "A" shall take precedence. 1. A new Article 1.4 is hereby added as follows: "The COUNTY agrees to comply with the applicable flowdown provisions for services • performed in conjunction with the Exhibit "C" Statement of Work. The flowdown provisions are set forth under Agreement Numbers C -13803 and C -13805 executed between the DISTRICT and the Florida Department of Environmental Protection (FDEP), attached hereto as Exhibit "M" and made a part of this AGREEMENT. Applicable provisions of this AGREEMENT include the following: From C- 13803: (Funding provided through this Agreement to the COUNTY includes all travel expenses.) Section XI - Subcontracting; Section XII - MBE/WBE and Small Business Utilization; Section XIII - Small and Rural Business Utilization; Section XX - Audit: Access to Records; Section XXIII — Debarment and Suspension, and Section XXIV - Lobbying. From C- 13805: (Funding provided through this Agreement to the COUNTY includes all sampling activities.) Section 5B — Fair Share Objectives; Section 5D - Acknowledgement of Federal Government's Participation; Section 9A - Maintenance of Books, Records and Documents; Section 12A - Lobbying Activities; Section 13 - Compliance with Applicable Rules and Regulations; Section 16 - Insurance; Section 24 - Debarment and Suspension; Section 26, Attachment H, - Contract Provisions." 2. Contract Term This AGREEMENT shall be effective on the date of execution by the parties and shall remain in effect for three (3) years subject to satisfactory performance by the COUNTY, and the renewal of FDEP Agreements C -13803 and C -13805 on the anniversary of its effective date. Further funding for this AGREEMENT shall be in writing through a duly executed amendment and is subject to availability of funds, the renewal of FDEP Agreements C -13803 and C -13805 and Governing Board budgetary appropriations of funding. SFW��C OF C�EVED 1 BY: vim✓/ Date: Q� SF C�11 ,� ENT APPRQViD �( 1•JL BYE Date: Page 1 of 1, Exhibit "A ", C -15374 av v i ri r 1.VI<I1JA VV A I .lC.K 1VIAlNAli�1VIJI I,N'I' DIS'I'KICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 16C3 ARTICLE 1- STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. ARTICLE 2 - COMPENSATION/ CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on Page 1 of this AGREEMENT. Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the multi -year funding allocations for each DISTRICT fiscal year indicated on Page 1 of this AGREEMENT. Funding for each applicable fiscal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C ". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in- negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (1) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PAYMENT 3.1 The COUNTY's invoices shall reference the DISTRICT's Contract Number and shall be sent to the DISTRICT's address specified on Page 1 of this AGREEMENT. The COUNTY shall not submit invoices to any other address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not - to- exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports, receipts and subcontractor invoices. Page I of 8, Exhibit "B" Contract File:\County.doc 02/28/03 Ams' 0 a� av U i n r LiUM11A VV A l LK 1VlA1NAUh1V1LN T D15'1'RICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 16 U 3.3 The DISTRICT shall pay the full amount of the invoice within thirty (30) days following DISTRICT acceptance of services and/or deliverable(s) required by this AGREEMENT. However, failure by the COUNTY to follow the foregoing instructions and submit acceptable services and or deliverables(s) may result in an unavoidable delay of payment by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on Page 1 of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Administrator specified on Page 1 of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on Page 1 of the AGREEMENT. The COUNTY shall also provide a copy of all notices to the DISTRICT's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to the other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on Page 1 of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage attributable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self - funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers, employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1 If either party fails to fulfill its obligations under this AGREEMENT in a timely and proper manner, the other party shall have the right to terminate this AGREEMENT by giving written notice of any deficiency. The party in default shall then have ten (10) calendar days from receipt of notice to correct the deficiency. If the defaulting party fails to correct the deficiency within this time, the non - defaulting party shall have the option to terminate this AGREEMENT Page 2 of 8, Exhibit "B" Contract File:\County.doc 02/28/03 O"U iii r LVI<IMA VV A I .LK 1VIAINAkxhlVIL.N'I' 1)IS'I'KICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS at the expiration of the ten (10) day time period. Should the DISTRICT elect to terminate for default in accordance with this provision, the DISTRICT shall be entitled to recover reprocurement costs, in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with or without cause at any time for convenience upon thirty (30) calendar days prior written notice to the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with Exhibit "C ", Statement of Work. The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 If either party initiates legal action, including appeals, to enforce this AGREEMENT, the prevailing party shall be entitled to recover a reasonable attorney's fee, based upon the fair market value of the services provided. 6.4 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non - binding mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 1 ­, 6.5 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C ", Statement of Work and/or the project schedule. 6.6 The DISTRICT anticipates a total project cost as indicated on Page 1, with the balance of matching funds and/or in -kind services to be obtained from the COUNTY in the amount as specified on Page 1 of this AGREEMENT. In the event such COUNTY matching funding and/or in -kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non - financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall Page 3 of 8, Exhibit "B" Contract File:\County.doc 02/28/03 0" U i n r 1.1J1U1flA VV A I EK IVIAINAkxhA/lli N 'I' I)IS'I'KICT (0 EXHIBIT "B" GENERAL TERMS AND CONDITIONS �« be maintained and made available for inspection for a period of five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "C ", Statement of Work (the "Work "). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have in the Work (the "Grant "). This Grant shall be self - operative upon execution by the parties hereto, however the COUNTY agrees to execute and deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C ", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, non - transferable, non - exclusive right to use the identified software without an additional fee. The DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 Any equipment purchased by the COUNTY with DISTRICT funding under this CONTRACT shall be returned and title transferred from the COUNTY to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or termination. Equipment is hereby defined as any non - consumable items purchased by the DISTRICT with a value equal to or greater than $500.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third Page 4 of 8, Exhibit "B" Contract File: \County.doc 02/28/03 ►w u AAA r LVnlllA VV A I l' K IVIAINAVir.L+ IVIL'iN 'I' DIS'I'KIUT EXHIBIT "B" GENERAL TERMS AND CONDITIONS party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or, if the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime, a period longer than 36 months has passed since that person was placed on the convicted vendor list. The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287.133, Florida Statutes. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY shall be responsible and liable for the payment of all of its FICA/Social Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.7.1. Pursuant to Sections 119.07(3)(o), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY Page 5 of 8, Exhibit "B" Contract File: \County.doc 02/28/03 '" u 1 ri r i.V1t1Ju11 vv A 1 Etc 1VIA1NAt,rh1V1L1N '1' DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 160 (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT. A delay in obtaining permits shall not give rise to a claim by the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely manner, either party may elect to terminate this AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch, or another state agency. 8.10 The DISTRICT is a governmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this project, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY determines it is unable to meet or promote the goals and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective employees, agents, subcontractors, or assigns during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under this AGREEMENT in any capacity whatsoever, either as third -party beneficiary or otherwise. 9.3 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.4 The COUNTY shall not pledge the DISTRICTS credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.5 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MBE PARTICIPATION 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation goal has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive contracts that may result from this AGREEMENT along with timelines Page 6 of 8, Exhibit "B" Contract File:\County.doc 02/28/03 OP F� a a%ju 1n r1_,%JK11JA WAI'EK 1VIAiNAGEMLNT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 1 for public notice and award of such contracts. In the event subsequent competitive contract awards do result in M/WBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. ARTICLE 11 - YEAR 2000 COMPLIANCE Article 11 is hereby deleted. ARTICLE 12 - GENERAL PROVISIONS 12.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually severe weather, outbreak of war, restraint of Government, riots, civil commotion, force majeure, act of God, or for any other cause of the same character which is unavoidable through the exercise of due care and beyond the control of the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 12.2 In the event any provisions of this AGREEMENT shall conflict, or appear to conflict, the AGREEMENT, including all exhibits, attachments and all documents specifically incorporated by reference, shall be interpreted as a whole to resolve any inconsistency. 12.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 12.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 12.5 This AGREEMENT may be amended only with the written approval of the parties hereto. 12.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 13 — SAFETY REQUIREMENTS 13.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 13.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective Page 7 of 8, Exhibit "B" Contract File:\County.doc 02/28/03 3UU In r ILUKIVA WA'1'EK MANAGEMENT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS C3 measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 13.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 13.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and those of the DISTRICT on and about the site of AGREEMENT performance. 13.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 13.6 The COUNTY shall erect and maintain, as required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. 13.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 13.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 13.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 13.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 13.8 The COUNTY shall provide first aid services and medical care to its employees. 13.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 13.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 13.11 Environmental: When the COUNTY, COUNTY's subcontractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 13.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 8 of 8, Exhibit "B" Contract File: \County.doc 02/28/03 EXHIBIT "C" STATEMENT OF WORK COLLECTION OF SURFACE WATER QUALITY SAMPLES 1.0 INTRODUCTION The South Florida Water Management District (District) and the Collier County Environmental Services Division (County) have been collaborating on the collection of water quality data for the Florida Department of Environmental Protection (FDEP) for the past three years. This Agreement will involve the collection of surface water samples and field parameters as part of the FDEP Ambient Monitoring Program, as well as attendance at FDEP Ambient Meetings and training sessions. The County will collect samples from three (3) sites that are part of the Surface Water Temporal Variability (SWTV) Network portion of the FDEP Ambient Monitoring Program. 2.0 OBJECTIVES The primary objectives of this Agreement are to 1) obtain water quality data that fulfill District agreements with FDEP; 2) partner with a local government to execute a state wide monitoring effort; 3) reduce District monitoring costs; and 4) allow for redirection of staff to legislatively mandated projects. 3.0 SCOPE OF WORK The County shall obtain field parameters and collect surface water samples on a monthly basis at three (3) SWTV network locations. The County shall follow the methodologies of sampling provided in FDEP's "Status and Temporal Variability Monitoring Networks Sampling Manual" (see Exhibit "M "). The sampling sites are designated as BARRNRVR (latitude 255728N /longitude 812119W), LKTRAFRD (latitude 262522N /longitude 812937W) and MGGC @31 (latitude 261004N /longitude 814601W). The County shall ship the samples to the FDEP Laboratory for analysis on the same day that samples are collected. The County shall submit all the proper paper work to FDEP Laboratory with the samples and fax copies of these forms to the District Project Manager. Lastly, the County shall have at least one representative attend the FDEP Ambient Meetings and training sessions as they become available. 4.0 WORK BREAKDOWN Task 1. FDEP Surface Water Temporal Variability (SWTV) Network Sample Collection The County shall collect monthly surface water samples from three SWTV sites located within Collier County. Collection bottles will be provided by FDEP. The County shall collect the required samples and ship them on the same day to the FDEP laboratory for analysis. The County shall follow the methods of collection detailed in Attachment A and ensure that all the proper equipment and supplies are used during sample collection. The County shall be knowledgeable of project details prior to sampling. The County shall document relevant field conditions and readings and submit all the required paper work to FDEP with the sample Page 1 of 2, Exhibit "C" Statement of Work to Agreement No. C -15374 16C3 shipment. The County shall fax a copy of the proper paper work to the District Project Manager on the same day as collection. Task 2. Attend FDEP Ambient Meetings and Professional Training Appropriate County staff shall attend the FDEP Ambient Monitoring Program meetings and relevant training session as they are offered. The County shall ensure all technicians working on projects conducted under this agreement receive basic water quality sample collection training from the FDEP or an equivalent vendor approved by the District. The County and District Project Manager will be available to discuss the status of this Agreement as needed. Task 3. Reporting The County shall submit four (4) progress reports to the District; one within fifteen (15) days of the end of each quarter. Each progress report shall indicate work completed during the reporting period and any quality assurance issues or problems encountered during the completion of the tasks outlined in this Agreement. Page 2 of 2. Exhibit "C" Statement of Work to Agreement No. C -15374 6 EXHIBIT "D" PAYMENT AND DELIVERABLE SCHEDULE The County shall invoice the District on a quarterly basis. Payment of invoices will be contingent upon delivery and. acceptance by the District of all deliverables and work products due within the invoiced period. Task - Deliverable Description Due Date Quarterly Payments Task 1 Collect SWTV field measurements and fax Date of Collection -0- results to Project Manager. Collect SWTV samples and ship to FDEP Date of Collection -0- with chain of custody. Collect samples according to the methods Date of Collection -0- given in Exhibit "M". Task 2 Travel to FDEP Ambient Meetings and To Be Determined $3,000.00 Training ($750.00 per quarter) Task 3 Submit Progress Report indicating work Quarterly $4,800.00 performed to District Project Manager. ($1,200.00 per quarter) TOTAL PAYMENT NOT -TO- EXCEED $7,800.00 Page 1 of 1, Exhibit "D" Payment and Deliverable Schedule to Agreement No. C -15374 EXHIBIT "M" 16, DEP AGREEMENT NO. G0029 STATE OF FLORIDA GRANT AGREEMENT PURSUANT TO ENVIRONMENTAL PROTECTION AGENCY GRANT AWARD(S) THIS AGREEMENT is entered into between the STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 (hereinafter referred to as the "Department" or "DEP ") and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, whose address is 3301 Gun Club Road, West Palm Beach, Florida 33406 (hereinafter referred to as "Grantee" or 'Recipient "), a political subdivision of the State of Florida, to perform sampling of the surface water temporal variability network in the South Florida Water Management District area. WHEREAS, the Department has received Clean Water Act Section 604(b) grant funds (CFDA 66.419) from the U.S. Environmental Protection Agency (EPA) for surface water programs in the State of Florida; and, WHEREAS, the Department desires to use funds from the above grant to obtain sampling of the surface water temporal variability network in the water management district managed by the Grantee; and, WHEREAS, the Grantee has agreed to provide the services needed for sampling of the surface water temporal variability network in its district; and, WHEREAS, the Grantee is responsible for complying with the appropriate federal guidelines in performance of its activities pursuant to this Agreement. NOW, THEREFORE, in consideration of the premises and the mutual benefits to be derived herefrom, the Department and the Grantee do hereby agree as follows: 1 • The Grantee does hereby agree to perform in accordance with the terms and conditions set forth in this Agreement, Attachment A (Project Work Plan), and all attachments and exhibits named herein which are attached hereto and incorporated by reference. For purposes of this Agreement, the terms "Contract" and "Agreement" and the terms "Grantee ", 'Recipient" and "Contractor ", are used interchangeably. 2. This Agreement shall begin October 1, 2002 or the date of execution, whichever date is later, and shall remain in effect until October 31, 2003, by which date all requirements shall have been completed. This Agreement may be renewed for a maximum of three additional years after the initial Agreement period. Renewal shall be in writing and subject to the same terms and conditions of this Agreement. All renewals are contingent upon satisfactory performance by the Grantee and the availability of funds. This Agreement may be amended to provide for additional services if additional funding is made available by EPA and/or the Legislature. 3. A. As consideration for the services rendered by the Grantee under the terms of this Agreement, the Department shall pay the Grantee on a combination fee schedule /cost reimbursement basis in an amount not to exceed $50,999.32 toward the total project cost described in Attachment A. B. The Grantee shall be compensated on a fee schedule /cost reimbursement basis for all eligible project costs upon receipt and acceptance of an invoice which contains the information requested in the Sample Payment Request Summary Form (provided as Attachment B). For cost reimbursement activities, in addition to the summary form, the Grantee must provide from its accounting system, a listing of expenditures charged against this Agreement. The listing shall include, at a minimum, a description of the goods or services purchased, date of the transaction, voucher number, amount paid, and vendor name DEP .agreement No. 00029, Page 1 of o 1 Travel expenses are included in the fee schedule amount of this Agreement, and no additional travel expenses shall be authorized. C. In addition to the invoicing requirements contained in paragraph 3.13. above, the Department will periodically request proof of a transaction (invoice, payroll register, etc.) to evaluate the appropriateness of costs to the Agreement pursuant to State and Federal guidelines (including cost allocation guidelines), as appropriate. This information, when requested, must be provided within 30 calendar days of such request. The Grantee may also be required to submit a cost allocation plan to the Department in support of its multipliers (overhead, indirect, general administrative costs, and fringe benefits). All bills for amounts due under this Agreement shall be submitted in detail sufficient for a proper pre -audit and post - audit thereof. Allowable costs for Federal Programs can be found under 48 CFR Part 31 at http: /,Iwww.access.gpo 2ovinara/cfr /cfr- table -earch html and OMB Circulars A -87, A -122, A -21, at http: / /www.whitehouse.gov/omb/circulars/index.html#numerical. D. The parties hereto understand and agree that this Agreement does not require a cost sharing or match on the part of the Grantee. E. Allowable costs will be determined in accordance with the cost principles applicable to the organization incurring the costs. For purposes of this Agreement, the following cost principles are incorporated by reference. Organization Type Applicable Cost Principles State, local or Indian tribal government. OMB Circular A -87 Private non - profit organization other than an (1) OMB Circular A -122 institution of higher education, (2) hospital, or (3) 66.419 organization named in OMB Circular A -122 as not $50,999.32 subject to that circular. Education Institutions OMB Circular A -21 For - profit organization other than a hospital and 48 CFR Part 31, Contract Cost Principles and an organization named in OMB A -122 as not Procedures, or uniform cost accounting standards subject to that circular. that comply with cost principles acceptable to the federal agency. F. The table below identifies the funding supporting this Agreement and EPA Grants providing the funds. 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an armual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. A. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports. The Grantee's quarterly progress reports shall contain the information requested in the Sample Progress Reporting Form, attached hereto and made a part hereof as Attachment C. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. DEP Agreement No. G0029, Page 2 of 9 EPA Grant Number CFDA Program Title Funding Amount 60403 66.419 Water Pollution Control State and $50,999.32 Interstate Program Support Total Funding: $50,999.32 4. The State of Florida's performance and obligation to pay under this Agreement is contingent upon an armual appropriation by the Legislature. The parties hereto understand that this Agreement is not a commitment of future appropriations. 5. A. The Grantee shall submit quarterly invoices in conjunction with quarterly progress reports. The Grantee's quarterly progress reports shall contain the information requested in the Sample Progress Reporting Form, attached hereto and made a part hereof as Attachment C. Quarterly reports shall be submitted to the Department's Grant Manager no later than twenty (20) days following the completion of the quarterly reporting period. It is hereby understood and agreed by the parties that the term "quarterly" shall reflect the calendar quarters ending March 31, June 30, September 30 and December 31. The Department's Grant Manager shall have ten (10) calendar days to review deliverables submitted by the Grantee. DEP Agreement No. G0029, Page 2 of 9 B. The Grantee agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority, and Women's Business Enterprises in procurement under this Agreement. The Grantee accepts the Minority Business Enterprise/Women's Business Enterprise (MBE/WBE) "fair Share" goals and objectives negotiated with EPA as follows: Florida Fair Share Goals Industry Goal SRF Construction (both SRFs) 11% MBE and 3% WBE Architectural & Engineenng Services 10% MBE and 15% WBE Commodities 7% MBE and 17% WBE Contractual Services 14% MBE and 36% WBE Construction (non SRF) 1 to% MBE and 11% WBE 2. If the Grantee does not want to rely on the applicable State's MBE/WBE goals, the Grantee agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned business to do work in the relevant market for construction, services, supplies and equipment. "Fair Share" objectives must be submitted to the EPA Grants Management Office, 61 Forsyth Street, Atlanta, GA 30303 within thirty (30) calendar days of award and approved by EPA no later than thirty (30) calendar days thereafter. Copies of all correspondence with EPA shall also be forwarded to the Department's Grant Manager. 3. The Grantee agrees to ensure, to the fullest extent possible, that at least the applicable "fair share" objectives of Federal funds for prime contracts or subcontracts for supplies, construction, equipment or services are made available to organizations owned or controlled by socially and economically disadvantaged individuals, women and Historically Black Colleges and Universities. 4. The Grantee agrees to include in its bid documents the applicable "fair share" objectives and require all of its prime contractors to include in their bid documents for subcontracts the negotiated "fair share" percentages. 5. The Grantee agrees to follow the six affirmative steps or positive efforts stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36(e), or 40 C.F.R. 35.6580, as appropriate, and retain records documenting compliance. 6. The Grantee agrees to submit a report documenting MBE/WBE utilization under federal grants in conjunction with the required quarterly progress report (see paragraph 5.A). 7.. If race and/or gender neutral efforts prove inadequate to achieve a "fair share" objective, the Grantee agrees to notify the Department and EPA in advance of any race and/or gender conscious action it plans to take to more closely achieve the "fair share" objective. 8. In accordance with Section 129 of Public Law 100 -590, the Small Business Administration Reauthorization and Amendment Act of 1988, the recipient agrees to utilize and to encourage any prime contractors under this Agreement to utilize small businesses located in rural areas to the maximum extent possible. The Grantee agrees to follow the six affirmative steps stated in 40 C.F.R. 30.44(b), 40 C.F.R. 31.36, or 40 C.F.R. 35.6580, as appropriate, in the award of any contracts under this Agreement. C. Pursuant to EPA Order 1000.25, dated January 24, 1990, the recipient agrees to use recycled paper for all reports which are prepared as a part of this Agreement and delivered to the Department. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. DEP ,agreement \o. G0029, Page 3 of 9 16C3 D. The following language shall be included in all final documents issued as a result of an agreement funded in whole or in part by federal sources to acknowledge the federal government's participation in the project. "This project and the preparation of this report (or booklet, pamphlet, etc as appropriate) was funded in part by a Water Pollution Control State and Interstate Program Support grant from the Environmental Protection Agency through an agreement/contract with the Watershed Monitoring and Data Management Section of the Florida Department of Environmental Protection. The total cost of the project was , of which $ or _ percent was provided by the Environmental Protection Agency." 6. Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. 7. A. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than thirty (30) calendar days' written notice (delivered by Certified Mail, return receipt requested) of intent to terminate and (2) an opportunity for consultation with the terminating party prior to termination. B. This Agreement may be terminated in whole or in part in writing by either parry for its convenience, provided that the other party is given: (1) not less than ten (10) calendar days' written notice (delivered by Certified Mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. C. The parties hereto may agree to terminate this Agreement for convenience as evidenced by written amendment of this Agreement. The amendment shall establish the effective date of the termination and the procedures for proper closeout of the Agreement. D. This Agreement may be unilaterally canceled by the Department for refusal by the Grantee to allow public access to all documents, papers, letters, or other material made or received by the Grantee in conjunction with this Agreement, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(l), Florida Statutes. If the Grantee materially fails to comply with the terms and conditions of this Agreement, including any Federal or State statutes, rules or regulations, applicable to this Agreement, the Department may take one or more of the following actions, as appropriate for the circumstances. A. Temporarily withhold cash payments pending correction of the deficiency by the Grantee. B. Disallow (that is, deny both use of funds and any applicable matching credit for) all or part of the cost of the activity or action not in compliance. C. Wholly or partly suspend or terminate this Agreement. D. Withhold further awards for the project or program. E. Take other remedies that may be legally available. F. Costs of the Grantee resulting from obligations incurred by the Grantee during a suspension or after termination of the Agreement are riot allowable unless the Department expressly authorizes them in the DEP Agreement No. G0029, Page 4 of 9 l 17- notice of suspension or termination. Other Grantee costs during suspension or after termination which are necessary and not reasonably avoidable are allowable if the following apply. The costs result from obligations which were properly incurred by the recipient before the effective date of suspension or termination, are not in anticipation of it, and in the case of termination, are noncancellable. The cost would be allowable if the Agreement were not suspended or expired normally at the end of the funding period in which the termination takes place. G. The remedies identified above, do not preclude the Grantee from being subject to debarment and suspension under Executive Orders 12549 and 12689. A. The Grantee shall maintain books, records and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. The Department, the State, or their authorized representatives shall have access to such records for audit purposes during the term of this Agreement and for five years following Agreement completion. In the event any work is subgranted or subcontracted, the Grantee shall similarly require each subgrantee and subcontractor to maintain and allow access to such records for audit purposes. B. The Grantee agrees that if any litigation, claim, or audit is started before the expiration of the record retention period established above, the records shall be retained until all litigation, claims or audit findings involving the records have been resolved and final action taken. C. Records for real property and equipment acquired with Federal funds shall be retained for five years following final disposition. 10. In addition to the provisions contained in paragraph 9 above, the Grantee shall comply with the applicable provisions contained in Attachment D. A revised copy of Attachment D, Exhibit -1, must be provided to the Grantee with each amendment which authorizes a funding increase or decrease. The revised Exhibit -1 shall summarize the funding sources supporting the Agreement for purposes of assisting the Grantee in complying with the requirements of Attachment D. If the Grantee fails to receive a revised copy of Attachment D, Exhibit -1, the Grantee shall notify the Grants Development and Review Manager to request a copy of the updated information. it. A. The Grantee is hereby authorized to enter into contracts with Broward, Dade, Lee and Collier Counties in the performance of services under this Agreement. For purposes of this Agreement, all sample analysis will be performed by the DEP Central Laboratory under separate agreement with the DEP's Ambient Monitoring Section. The Grantee shall not subcontract work under this Agreement with any entity other than those specified herein, without the prior written consent of the Department's Grant Manager. When applicable, and upon receipt of such consent in writing, the Grantee shall cause the names of the firms responsible for such portions of the work to appear on such work. The Grantee agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the Grantee that the Department shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract and that the Grantee shall be solely liable to the subcontractor for all expenses and liabilities incurred under the subcontract. B. The Department of Environmental Protection supports diversity in its procurement program and requests that all subcontracting opportunities afforded by this Agreement embrace diversity enthusiastically. The award of subcontracts should reflect the full diversity of the citizens of the State of Florida' The Department will be glad to furnish a list of minority owned businesses for consideration in subcontracting opportunities. ` 17• A. The Grantee certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the Grantee, to any person for influencing or attempting to DEP Agreement Yo. 60029, Page 5 of 9 16 UP3 influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non - Federal funds are used for lobbying activities as described above, the Grantee shall submit Attachment E, Standard Form -LLL, "Disclosure of Lobbying Activities" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The Grantee shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. 140 CFR 341 B. In accordance with Section 216.347, Florida Statutes, the Grantee is hereby prohibited from using funds provided by this Agreement for the purpose of lobbying the Legislature, the judicial branch or a state agency. C. Pursuant to the Lobbying Disclosure Act of 1995, any organization described in Section 501(c)4 of the Internal Revenue Code of 1986 shall not be eligible for subgrants under this Agreement, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subgrant. This restriction does not apply to loans made pursuant to approved revolving loan programs or to contracts awarded using proper procurement procedures. 13. The Grantee shall comply with all applicable federal, state and local rules and regulations in performing under this Agreement. The Grantee acknowledges that this requirement includes compliance with all applicable federal, state and local health and safety rules and regulations. The Grantee further agrees to include this provision in all subcontracts issued as a result of this Agreement. 14. The Department's Grant Manager (which may also be referred to as the Department's Project Manager) for this Agreement is identified below. Tracy Wade Florida Department of Environmental Protection Watershed Monitoring and Data Management 2600 Blair Stone Road, NIS 3525 Tallahassee, Florida 32399 -2400 Telephone No.: 850/245 -8516 SunCom No.: 205 -8516 Fax No.: 850/245 -8554 SunCom Fax No.: 205 -8554 E -mail Address: I tracy.wade(i).dep. state. fl- us 15. The Grantee's Grant Manager (which may also be referred to as the Grantee's Project Manager) for this Agreement is identified below. Carole Maddox South Florida Water Management District 8894 Belvedere Road West Palm Beach, Florida 33411 Telephone No.: 561/753 -2400, ext. 4758 Fax No.: 561/791 -4094 E -mail Address: cmillima!a�sfwmd.yov 16. To the extent required by law, the Grantee will be self- insured against, or will secure and maintain during the life of this Agreement, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the Grantee shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the Grantee. Such self - insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees en-aged in hazardous work under this DEP Agreement Rio. 00029. Page 6 of 9 6 un -7� Agreement is not protected under Workers' Compensation statutes, the Grantee shall provide, and cause each subcontractor to provide, adequate insurance satisfactory to the Department, for the protection of his employees not otherwise protected. 17. The Grantee warrants and represents that it is self - funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the Grantee's officers, employees, servants and agents while acting within the scope of their employment with the Grantee. 18. The Grantee covenants that it presently has no interest and shall not acquire any interest which would conflict in any manner or degree with the performance of services required. 19. Upon satisfactory completion of this Agreement, the Grantee may retain ownership of the equipment purchased under this Agreement. However, the Grantee shall complete and sign a Property Reporting Form, provided as Attachment F, and forward it along with the appropriate invoice to the Department's Grant Manager. The following terms shall apply: A. The Grantee shall have use of the equipment for the authorized purposes of the contractual arrangement as long as the required work is being performed. B. The Grantee is responsible for the implementation of adequate maintenance procedures to keep the equipment in good operating condition. C. The Grantee is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non- expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the Department. 20. All reports produced and other data gathered by the Grantee for the purpose of this Agreement shall become the joint property of the DEP and the Grantee without restrictions or limitations upon their use and shall be made available by the Grantee at any time upon request of the DEP. 21, The Department may at any time, by written order designated to be a change order, make any change in the work within the general scope of this Agreement (e.g., specifications, time, method or manner of performance, requirements, etc.). All change orders are subject to the mutual agreement of both parties as evidenced in writing. Any change order which causes an increase or decrease in the Grantee's cost or time shall require formal amendment to this Agreement. 22. The Hotel and Motel Fire Safety Act of 1990 (Public Law 101 -391) establishes a number of fire safety standards which must be met for hotels and motels. The Grantee acknowledges that Federal funds may not be used to sponsor a conference, meeting, or training seminar held in a hotel or motel which does not meet the requirements of the Hotel and Motel Safety Act of 1990. 23. A. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of, or be otherwise subjected to discrimination in performance of this Agreement. B. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor, or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory vendor list and intends to post the list on its website. Questions regarding the discriminatory vendor list may be directed to the Florida Department of Management Services, Office of Supplier Diversity at 850/487 -0915. DEP Agreement \o. G0029. Page 7 of 9 C3' � 24. A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the Grantee shall agree and certify that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the Grantee shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by EPA to the Department. B. Upon execution of this Agreement by the Grantee, the Grantee shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions ", attached hereto and made a part hereof as Attachment G. C. As required by paragraphs A and B above, the Grantee shall include the language of this section, and Attachment G in all subcontracts or lower tier agreements executed to support the Grantee's work under this Agreement. 25. The Environmental Protection Agency and Department, reserve a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, and to authorize others to use, for government purposes: A. The copyright in any work developed under a grant, subgrant, or contract under a grant or subgrant. B. Any rights of copyright to which a grantee, subgrantee or a contractor purchases ownership with grant support. 26. The Grantee agrees to comply with, and include as appropriate in contracts and subgrants, the provisions contained in Attachment H, Contract Provisions, attached hereto and made a part hereof. In addition, the Grantee acknowledges that the applicable regulations listed in Attachment I, Regulations, attached hereto and made a part hereof, shall apply to this Agreement. 27. This Agreement represents the entire agreement of the parties. Any alterations, variations, changes, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed by each of the parties hereto, and attached to the original of this Agreement, unless otherwise provided herein. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0029, Page 8 of 9 IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed, the day and year last written below. SOUTH FLORIDA WATER MANAGEMENT DISTRICT it �:'p REMENT DIRE Date: 0 Q 3301 Gun Club Road West Palm Beach, Florida 33406 FEID No.: 59- 6015290 List of attachments/exhibits included as part of this Agreement: STATE OF FLORIDA DEPARTMENT OF ENVIRON ENTAL PROTECTION By:—/ �J ✓wt� T, . N Director, Division of Water Resource Management or designee Date: DEP Grant anager DEP Contracts Administrator ` Approved as to form and legality: , ( "-CA DEV, Attomey Specify Letter/ Type Number Description (include number of pages) Attachment A Project Work Plan (4 Pages) Attachment B Sample Payment Request Summary Form (1 Page) Attachment C Sample Progress Report Form (1 Page) Attachment D Special Audit Requirements (5 Pages) Attachment E Disclosure of Lobbying Activities (2 Pages) Attachment F Property Reporting Form (1 Page) Attachment G Certification Regarding Debarment/Suspension (2 Pages) Attachment H Contract Provisions (3 Pages) Attachment I Regulations (1 Page) Attachment J Status and Temporal Variability Monitoring Networks Sampling Manual (91 Paves) Attachment K Instructions for Sample Shipment (1 Page) Attachment L Required Electronic Format (3 Pages) Exhibit 1 Surface Water Temporal Variability (TV) Fixed Sites f Pages) Exhibit 2 Surface Water Temporal Variability (SWTV) Network Monitoring Indicator /Analyte List( I Paael Attachment NI Global Positioning System (GPS) Standards (5 Pages) DEP Agreement No. G0029, Page 9 of 9 16C3 ATTACHMENT A PROJECT WORK PLAN (Service Period: October- 1, 2002 or Agreement Execution, whichever date is later, through October 31, 2003) SOUTH ,zLORIDA WATER MANAGEMENT DISTRICT The Department of Environmental Protection (DEP) has requested the assistance of the South Florida Water Management District (SFWMD) in collecting and interpreting surface water quality data from rivers. streams and lakes within the boundaries of the Water Management District (WMD), as par of the statewide Integrated Water Resources Monitoring (IWRM) Network. A description of the work to be performed is outlined below: QUALITY ASSURANCE The Grantee and approved sL bcontracting agencies and entities who will be conducting water quality sampling under this agreement shall follow procedures and methods specified in the DEP "Status and Temporal Variability Monitoring Networks Sampling Manual" (ATTACHMENT J), except for variances agreed to by DEP under contract GW190 (SFWMD contract C- 13805). This replaces the DEP Comprehensive Quality Assurance Project Plan document and supplements. Requests for variances to the procedures outlined in ATTACHMENT J may be submitted to the DEP ',,',Iatershed Monitoring and Data Management Section QA Officer in writing. Variances will be. scrutinized on a case -by -case basis. For purposes of this Agreement, all sample analysis will be performed by the DEP Central Laboratory under separate agreement with the Department's Watershed Monitoring and Data Management Section, and data will be provided to the Grantee in SFWMD — specified format. All samples shall be shipped in accordance with ATTACHMENT K, Instructions for Sample Shipment. STORET All water quality data collected under this Agreement shall be submitted to the Department in an approved standardized electronic format. An example of the approved format is included as ATTACHMENT L. This format will assist the Department in the preparation of data, collected under this Agreement, for entry into STORET using a computer conversion program. The Department will be ;-espensible for assuring that data collected under this agreement is entered into the STOR r system, and verification of the final storage. In addition to the above, a printed copy �D 'he project field data, along with supporting Quality Assurance data, shall be kept and maintained by the Grantee for the duration of this agreement, and provided to DEP upon request. Tnis includes results from any blanks, duplicates, spikes, blind samples and standards REi�i,- NZ -R OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement 'I,- GO ._ �= .tt,lichment A, Page 1 of 4 16;C3 QUALIFIED SAMPLER The Grantee shall ensure that at least one (two if possible) qualified sampler is present during all sample collection =or the purposes of this Agreement, a qualified sampler shall be one who has taken the USGS sampling course or the DEP Sampling Techniques Workshop within the past 5 years. AGREEMENT TASKS The Grantee shall collect surface water quality samples for the Watershed Monitoring Program within the boundaries of the South Florida Water Management District. Each activity to be performed has been identified and described as a separate task: TASK I - SAMPLE COLLECTION Fee Schedule Task Cost: $48,424.32 ($192.16 per sample) Task Service Period: October 1, 2002 or Agreement Execution, whichever is later, through September 30, 2003. Collect an estimated `5'� surface water quality samples from the Surface Water Temporal Variability (SWTV) NetNork. and forward to DEP designated lab(s) for analysis. This estimate includes: Approximately 204 SWTV samples (17 sites sampled monthly) from designated river, stream and lake sites within the water management district. EXHIBIT 1 contains the SWTV sampling station list. - Approxirately 48 Q,,� samples. Sample collection inciuces. - On -site analysis for Meld analytes and field reference samples (see ATTACHMENT L); - Measurement of sample location using differentially- correcting Global Positioning System (DGPS) technology DGPS units will be provided by DEP if necessary. All DGPS data must meet or exc::ed DEP protocols for accuracy (ATTACHMENT M), and be provided in _ DEP- specified electronic format (see ATTACHMENT L); - For SWTV sites iocate a reference station at each sampling location with DGPS. The reference station should be a permanent landmark located as close to the actual sampling point as possible Ail present and future sampling locations should be reported relative (distance /azimuth, to tnis reference station. - Physical site data, in electronic format using DEP - specified software. This includes land ownership, depiction of actual sample location relative to GPS measurement point (if offset required) di ,ai photographs, and any additional pertinent information which may potentially affect quality. Provide sketch maps depicting site location and directions (sketch maps can u .uumitted on paper or scanned electronically in JPEG format). DEP Agreement Alt'ichment A. Page 2 of 4 16C3' Stage height at ;;me of sampling. Measurements of surface water elevation can be obtained from staff gages, continuous recording gages, wire weight gages, or tape down measurements or any existing USGS gaging stations located in close proximity (within 5 river miles) to the sampling sites-, Samples shall be cohectad for all indicators identified in EXHIBIT 2. Samples should be collected monthly at 25 - 35 day intervals. All samples shall be shipped in accordance with ATTACHMENT K. Instrucricns for Sample Shipment. Field audits shall be pet1cr-med in accordance with ATTACHMENT J. TASK It - DATA MANAGEMENT AND DATA INTERPRETATION Task Cost: Included in unit cost for Task I Task Service Period: October 1, 2002 or Agreement Execution, whichever is later, through October 31, 2003. Grantee staff will edit data supplied to the Grantee and approve distribution to the public via GWIS (Generalized 'Rater Information System) updates. Data review will follow written standard operating procedures and timetables. Field data will be submitted to DEP in approved electronic fcr!vat (ATTACHMENT L) within 45 days of the end of the sampling event. DEP reserves the -igh, to require the use of DEP - supplied field data entry software if data is not submittec in DEP- approved format. Grantee staff will also review and edit data interpretations regarding Ambient Monitoring Program data. All applicable data will be computerized in DES=- approved format (see ATTACHMENT L). Updates to station information will be provided tc DEP quarterly as necessary. TASK III - ATTEND PROGRAM MEETINGS Task Cost: Included in unit cost for Task I Task Service Period: October 1, 2002 or Agreement Execution, whichever is later, through September 30. 2003. One or more Grantee staff will attend three triannual Watershed Monitoring Program meetings. Each of these meetings will last approximately three days. Appropriate Grantee staff will attend up tc three other meetings scheduled by DEP such as sampling courses, training workshops. cr :her meetings as required. TASK IV - PURCHASE EQUIPMENT Cost Reimbursement Task Cost: $2.575.00 Task Service Period. `c!ober 1, 2002 or Agreement Execution, whichever is later, through September 3( 2JU3. Itemize proposed eq,1 p. ii-_nt ;purchases under this Agreement costing $1,000 or more below, and complete ATTACH' i, "IE,NT F. The subsequent purchase of non - expendable equipment not listed below. costing or more is not authorized under this Agreement. However, the Department reser%, r::s ; _ ; to amend this Agreement to provide for equipment purchases in the event it is de_�r-ief- »„ory• 1) Turbigirn, F. est. $ 2,575.00 DEP Agreement \Jo C _ = ;rachrnent A, Page 3 of 4 16C3 TASK V - REPORTS Ta s1< Cost: Included in unit cost for Task I Task Service Period: October 1, 2002 or Agreement Execution, whichever is later, through October 31, 200-: . Progress Reports and iry Dices are to be submitted every three months by Grantee to DEP. Quarterly Quality Assur-an :e Reports and field data sheets should be attached to the Quarterly Progress Reports. A F:na, omprehensive Report that summarizes all tasks associated with this Agreement. including Sampling site updates shall be submitted no later than October 31, 2003. TASK VI — ADDITIONAL RESOURCES DEP will extend the OP- position extablished in DEP contract GW190 (SFWMD contract C- 13805) currently utilized by SFWMD at $29,000.00. DEP will extend the loan of the Trimble GPS units to SFWMD to cover the Agreement term October 1, 2002 to OctoUe;- 31 2003. REPORTING REOUIRrA�Ir'dTS Each progress report snai::ndicate work performed during the reporting period, percentage of project completed, work s,:;,eduled for the next reporting period, and include quarterly quality assurance reports, probierris encountered and planned solutions. PAYMENTS The Grantee shall submit c ?- voices every three (3) months, based on the percentage of overall project completion. in con unction with progress reports as required herein. A final invoice must be submitted no later than October 31, 2003, to assure the availability of funding for final payment. The Department shall nave fourteen (14) calendar days from receipt of a deliverable to determine satisfactory ;gar ±crmance. If said deliverable is acceptable to the Department, the invoice shall be processc c for payment with the invoice processing time beginning on the date the Department apnro, ,2_-: 'r.e work product submitted by the Grantee. RED.';- ,;DER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreemen? No GM'i r,.i -hment A, Page 4 of 4 ATTACHMENT B 160 ti .'\ 11'L E PAYMENT REQUEST SUMMARY FORM (Nato. T);i. i„rm is nut required as long as all information appears on invoice.) GRANTEE: _ GRANTEE'S GRANT MANAGER: DEP AGREEMENT NO.: DATE OF REQUEST: AMOUNT REQUESTEh: PAYMENT REQUEST NO.: PERFORMANCE PERIOD: _ PERCENT MATCHING REQUIRED: N/A C; RANT EXPENDITURES SUMMARY SECTION CATEGORY OF E \PE\ 1i!'1'1 RE Total Contract Completed This Quarter AMOUNT OF THIS REQUEST Sampling (Includes Tusks I. 11. 111 &V) Unit Price Per Sample: S S # S Equipment purchases (T;l1k IN-) S N/A $ TOTAL Cost S NIA $ Less Total Cumulative P ;n"mcnt:, Id: S N/A N/A Less Total This Request: S TOTAL REMAINING 1\ GRA'� ;' S # N/A GRANTEE CERTIFIC, rio The undersigned certifies tha) the ;nu,.u;tu being requested for reimbursement above was for items that ��crc ch;;r eLl to .:na tiAized onh" for the above cited grant activities. Grantee's Grant ;Manager Print Namc Telephone Number Grantee's Fiscal Agent Print Nwite Telephone Number DEP Agreement .A�_, lunent 13 . Paue f of l S ATTACHMENT C SA MPLE PROURESS REPORTING FORM (Note: This Form is not required as long as all information appears in Progress Report.) DEP A- reement No.: GOo?) Grantee Name: SUUth Florida Water Management District Grantee address: Grantee's Grant ;11,tnager: Telephone No.: Quarterly Re ortinp Period: DEP Project Number and Title: Grantee Project No: _ Report #: By TASK provide a suniniary of project accomplishments to date. (Include a comparison of actual accomplishments to the objectives established for the period, any anticipated delays, explanation of cost overruns or high unit costs. If goals were not met, provide reasons why.) List and attach copies of. any relevant York products being submitted for the project for this reporting period (e.g., report data sets. links, etc.) This report is subrnittc•; u; ;1„cordaiicc -„th the reporting requirements of DEP Agreement No. G0029 and accurately the ac.:,," i t, -s and costs associated with the subject project. Signature ofGrmitee.'s .1, ; ,: Tana_ i DEP Agreement \,,. (;ou_ %. , ;:chrn�nr +: N.;--r 1 of Date ATTACHMENT D 1603 SPECIAL AUDIT REQUIREMENTS The administration of resources awarded by the Department of Environmental Protection (which may be referred to as the "Department ", "DEP ", 7DEP" or "Grantor ", or other name in the contract /agreement) to the recipient (which may be referred to as the "Contractor ", Grantee" or other name in the contract /agreement) may be subject to audits and/or monitoring by the Department of Environmental Protection, as described in this attachments. MONITORING In addition to reviews of audits conducted in accordance with OMB Circular A -133 and Section 215.97, F.S., as revised (see "AUDITS" below), monitoring procedures may include, but not be limited to, on -site visits by Department staff, limited scope audits as defined by OMB Circular A -133, as revised, and/or other procedures. By entering into this Agreement, the recipient agrees to comply and cooperate with any monitoring procedures /processes deemed appropriate by the Department of Environmental Protection. In the event the Department of Environmental Protection determines that a limited scope audit of the recipient is appropriate, the recipient agrees to comply with any additional instructions provided by the Department to the recipient regarding such audit. The recipient further agrees to comply and cooperate with any inspections, reviews, investigations, or audits deemed necessary by the Comptroller or Auditor General. AUDITS PART I: FEDERALLY FUNDED This part is applicable if the recipient is a State or local government or a non - profit organization as defined in OMB Circular A -133, as revised. In the event that the recipient expends $300,000 or more in Federal awards in its fiscal year, the recipient must have a single or program - specific audit conducted in accordance with the provisions of OMB Circular A -133, as revised. EXHIBIT 1 to this Agreement indicates Federal funds awarded through the Department of Environmental Protection by this Agreement. In determining the Federal awards expended in its fiscal year, the recipient shall consider all sources of Federal awards, including Federal resources received from the Department of Environmental Protection. The determination of amounts of Federal awards expended should be in accordance with the guidelines established by OMB Circular A -133, as revised. An audit of the recipient conducted by the Auditor General in accordance with the provisions of OMB Circular A -133, as revised, will meet the requirements of this part. 2. In connection with the audit requirements addressed in Part I, paragraph 1., the recipient shall fulfill the requirements relative to auditee responsibilities as provided in Subpart C of OMB Circular A -133, as revised. If the recipient expends less than $300,000 in Federal awards in its fiscal year, an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, is not required. In the event that the recipient expends less than $300,000 in Federal awards in its fiscal year and elects to have an audit conducted in accordance with the provisions of OMB Circular A -133, as revised, the cost of the audit must be paid from non - Federal resources (i.e., the cost of such an audit must be paid from recipient resources obtained from other than Federal entities). 4. The recipient may access information regarding the Catalog of Federal Domestic Assistance (CFDA) via the internet at http: / /aspe.os.dhlis.<,ov /cfda. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DFP A_reement No. 60029, Attachment D. Pa_ue l of 5 DLP S5-215 (01'02) 16C3" ; PART II: STATE FUNDED This part is applicable if the recipient is a nonstate entity as defined by Section 215.97(2)(1), Florida Statutes. In the event that the recipient expends a total amount of State financial assistance equal to or in excess of $300,000 in any fiscal year of such recipient, the recipient must have a State single or project - specific audit for such fiscal year in accordance with Section 215.97, Florida Statutes; applicable rules of the Executive Office of the Governor and the Comptroller; and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. EXHIBIT 1 to this Agreement indicates State financial assistance awarded through the Department of Environmental Protection by this Agreement. In determining the State financial assistance expended in its fiscal year, the recipient shall consider all sources of State financial assistance, including State financial assistance received from the Department of Environmental Protection, other state agencies, and other nonstate entities. State financial assistance does not include Federal direct or pass - through awards and resources received by a nonstate entity for Federal program matching requirements. In connection with the audit requirements addressed in Part II, paragraph 1, the recipient shall ensure that the audit complies with the requirements of Section 215.97(7), Florida Statutes. This includes submission of a financial reporting package as defined by Section 215.97(2)(d), Florida Statutes, and Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General. If the recipient expends less than $300,000 in State financial assistance in its fiscal year, an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, is not required. In the event that the recipient expends less than $300,000 in State financial assistance in its fiscal year and elects to have an audit conducted in accordance with the provisions of Section 215.97, Florida Statutes, the cost of the audit must be paid from the non -State entity's resources (i.e., the cost of such an audit must be paid from the recipient's resources obtained from other than State entities). 4. For information regarding the Florida Catalog of State Financial Assistance (CSFA), a recipient should access the Florida Single Audit Act website located at http: / /sun6. dms.state.fl.us /fsaa /catalo_.htm or the Governor's Office of Policy and Budget website located at http: / /www.eog.state.fl.us/ for assistance. In addition to the above websites, the following websites may be accessed for information: Legislature's Website h_ttp: / /www.leg.state.fl.us /, Governor's Website http: / /www.flgov.com/, Department of Banking and Finance's Website _http:/ /www.dbf.state.fl.us /, and the Auditor General's Website http: /,'www.state. fl.us /audgen. PART III: OTHER AUDIT REQUIREMENTS (NOTE: This part would be used to specify any additional audit requirements imposed by the State awarding entity that are solely a matter of that State awarding entity's policy (i.e., the audit is not required by Federal or State laws and is not in conflict with other Federal or State audit requirements). Pursuant to Section 215.97(7)(m), Florida Statutes, State agencies may conduct or arrange for audits of State financial assistance that are in addition to audt7s conducted in accordance with Section 215.97, Florida Statutes. In such an event, the State awarding agency must arrange for funding the f dl cost of such additional audits.) PART IV: REPORT SUBMISSION Copies of reporting packages for audits conducted in accordance with Oiv1B Circular A -133, as revised, and required by PART I of this Agreement shall be submitted, when required by Section .320 (d), OIVIB Circular A -133, as revised, by or on behalf of the recipient directly to each of the following: REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. 00029, Attachment D. Page 2 of 5 DE-P 55- 215101021 A. The Department of Environmental Protection at each of the following addresses: 16C3 Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Federal Audit Clearinghouse designated in OMB Circular A -133, as revised (the number of copies required by Sections .320 (d)(1) and (2), OMB Circular A -133, as revised, should be submitted to the Federal Audit Clearinghouse), at the following address: Federal Audit Clearinghouse Bureau of the Census 1201 East 10th Street Jeffersonville, IN 47132 C. Other Federal agencies and pass - through entities in accordance with Sections .320 (e) and (f), OMB Circular A -133, as revised. Pursuant to Section .320(f), OMB Circular A -133, as revised, the recipient shall submit a copy of the reporting package described in Section .320(c), OMB Circular A -133, as revised, and any management letters issued by the auditor, to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 3. Copies of financial reporting packages required by PART II of this Agreement shall be submitted by or on behalf of the recipient directly to each of the following: A. The Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 B. The Auditor General's Office at the following address: State of Florida Auditor General Room 401, Claude Pepper Building 1 I I West Madison Street Tallahassee, Florida 32399 -1450 4. Copies of reports or management letters required by PART III of this Agreement shall be submitted by or on behalf of the recipient directly to the Department of Environmental Protection at each of the following addresses: Audit Director Florida Department of Environmental Protection Office of the Inspector General, MS 40 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 DEP Agreement No. G0029, Attachment D. Page 3 of 5 DEP 55 -215 (01 /02) 16 "14 y Any reports, management letters, or other information required to be submitted to the Department of Environmental Protection pursuant to this Agreement shall be submitted timely in accordance with OMB Circular A -133, Florida Statutes, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, as applicable. 6. Recipients, when submitting financial reporting packages to the Department of Environmental Protection for audits done in accordance with OMB Circular A -133, or Chapters 10.550 (local governmental entities) or 10.650 (nonprofit and for - profit organizations), Rules of the Auditor General, should indicate the date that the reporting package was delivered to the recipient in correspondence accompanying the reporting package. PART V: RECORD RETENTION The recipient shall retain sufficient records demonstrating its compliance with the terms of this Agreement for a period of 5 years from the date the audit report is issued, and shall allow the Department of Environmental Protection, or its designee, Comptroller, or Auditor General access to such records upon request. The recipient shall ensure that audit working papers are made available to the Department of Environmental Protection, or its designee, Comptroller, or Auditor General upon request for a period of 3 years from the date the audit report is issued, unless extended in writing by the Department of Environmental Protection. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0029, Attachment D. Page -1 of 5 DE-P 55 -215 (01!02) F N m w K W N M O� G1 Ql �v 3 Q j2 16C3 v oy U u L c 3 a N =a 6�1 L" E _u O E LA aJ v E To w u � t C VQ� O V C rp ai cu CU a; T T ro v u � v w ac C, i n E 02 T E In 2 '5 v Q CL Ln a� ,L n T N Q 3 c ? ii o` n E a o y L O N U, U .. o 0 yMa .au u o yU `o u o M c C .a a �v c a, .a E L Ln N �o V) aoa (U o u m Ln aai U° w 1) `o a c v F 0 0 U 0 z� E v _ a_ c O VI O r � a () i V) j CL U cm a o Q CL C y O M is L 1L ¢ Q� L W cn C c O � C 'v Ln L c b+ O U- CP C t LL C aV.r m H o � 3 � c a v �v v uo. co O Q l! FA LL O U LL C +' V) C V c U ++ C U OC O a a� c Cl a a cr i y a° E cn Q V cco cr VI cm Q c9 O a+ a u�. O a+ t �.r O 7 ¢ O cn LL CL U Z c LL -0 a •� .EL a C O Q CC a � s v .IA c CU O a Q 76 ° `u v v 3 0 aci E Q u- o 10 IA c c u Ln u N cn W ¢ 7 a ` 0 aa[v`0� a a o p = Za- z a u a .n cm E:o,v c a M a,o� LL a z r- v 0 0 � ¢ N M O� G1 Ql �v 3 Q j2 16C3 v oy U u L c 3 a N =a 6�1 L" E _u O E LA aJ v E To w u � t C VQ� O V C rp ai cu CU a; T T ro v u � v w ac C, i n E 02 T E In 2 '5 v Q CL Ln a� ,L n T N Q 3 c ? ii o` n E a o y L O N U, U .. o 0 yMa .au u o yU `o u o M c C .a a �v c a, .a E L Ln N �o V) aoa (U o u m Ln aai U° w 1) `o a c v F 0 0 U 0 z� E v _ a_ c O VI i ry y 'L Q � a () i Ln 2 ' cm CL CL o ¢ CL ¢ y is L 1L E L W ¢ cr � C 'v L � O LL CP C t LL aV.r m H 3 0 C uo. 'v a F- CP < O LL +' V) U c F- a� < U a� c V vii a cr y C V cm Q a u�. t O r c LL a 7 a LL -0 L A! .EL a Q CC s v .IA a+ Q a0+ 3 0 T L. v v M a LL c M } 10 IA Ln u N 7 a ` O aa[v`0� a o p = Za- z a u a � N M O� G1 Ql �v 3 Q j2 16C3 v oy U u L c 3 a N =a 6�1 L" E _u O E LA aJ v E To w u � t C VQ� O V C rp ai cu CU a; T T ro v u � v w ac C, i n E 02 T E In 2 '5 v Q CL Ln a� ,L n T N Q 3 c ? ii o` n E a o y L O N U, U .. o 0 yMa .au u o yU `o u o M c C .a a �v c a, .a E L Ln N �o V) aoa (U o u m Ln aai U° w 1) `o a c v F 0 0 U 0 z� E v _ a_ c O i., • i .� o a N O` a. CL U ¢ ui N Q :3 Q iO+ C a C A LL .7 H u 3 C O CP CP U Ln o F- a� < o a V vii t cr y C O IA u�. c O U r c a LL -0 L cn V = Q z .IA 0 c M } 10 Ln u N 7 a u- V c a u a � U a � r c°0 � c a � c 3 4 ' U EL G v v ro E a O m 0- Z N N M O� G1 Ql �v 3 Q j2 16C3 v oy U u L c 3 a N =a 6�1 L" E _u O E LA aJ v E To w u � t C VQ� O V C rp ai cu CU a; T T ro v u � v w ac C, i n E 02 T E In 2 '5 v Q CL Ln a� ,L n T N Q 3 c ? ii o` n E a o y L O N U, U .. o 0 yMa .au u o yU `o u o M c C .a a �v c a, .a E L Ln N �o V) aoa (U o u m Ln aai U° w 1) `o a c v F 0 0 U 0 z� E v _ a_ ATTACHMENT E Approved by OMB 0348 -0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: F-1 F-1 a. contract a. bid /offer /application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name Prime C3 Subawardee and Address of Prime- Tier , if known: Congressional District, ifknown: Congressional District, rfknown: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, ijknown: 9. Award Amount, ifknown: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, Afl): di_(jereni from No. l0a) (last name, first name, Nil): attach Continuation Sheets SF -LLLA i necessary 11. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1332. This disclosure of lobbying activities is a material Print Name: representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Title: Congress semi - annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date: penalty of not less than 510,000 and not more than 5100,000 for each such failure. Federal Use Only: Authorized for Local Reproducnon Standard Form - LLL (Rev 7 - 97) Form DEP 55 -221 (01101) Page I of 2 DEP Agreement No. G0029, Attachment F, Page I of 2 DEP 55 -215 (01%02) - 16C3 tc„ INSTR[;CTIONS FOR COMPLETION OF SF -LLL, DISCLOSURE OF LOBBYING ACTIVITIES This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application /proposal control number assigned by the Federal agency). Include prefixes, e.g., "RFP- DE -90- 001." For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award /loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and !Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title and telephone number. According to the Paperwork Reduction Act, as amended, no persons are required to respond to a collection of information unless it displays a valid ONIB Control Number. The valid OMB control number for this information collection is OMB No. 0348 -0046. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection or information, including suggestions for reducing this burden, to the Office of Management and Budget. Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. tortn DEP 55 -ZZI (01 /01) Page Z of 2 DEP agreement No. G0029. Attachment E. Page 2 of 2 DEP 55 -Z15 (OP02) Q1 N O 0 U i �r E'n z x U Q F r Q L ar a E z 0 L C O U L 6J 4 0 L a O a C ao 4 u a� e L V S L a O L 4 L O fj. O L v OLD Q s E o :J O CD r • N C C y E o d o s o N y m LL) _ C C J t Z z Q d ! Q ,u O. v E a n F a R C v Z QC.r � V1 wO ar R v H r V � L v C a v v ft7 cl x 4 L C C 6j y n v y R a r- w 0 _ O H i s c m w y E C LV.. 7 d A -�sE En = C u N o Q Cu 7 C �Lnr„� a .. c C vOi w a d •� .�... c O C7 Ev!=`= o CA V L N - cn b c Q F- o0•��d ¢ U Q CL.,- to O 9 > C = 0 G y Q T .O C 6 R y s ° to `o o a E c u n _ u o c Val Vl � 00 to q y n p L •L R O c mo L ,3 � y •���, v � n z z w 0 0 E v a � L o` 6i L R E U u Vi a O u 0 U (� C CiI 07 44 i� ¢I N 3 o=sv a Q N ¢ <I U 00 �" E z O C Q vi cn v CO u 4 C D E cn z E_ E u •� Vn z -, y v < U c0 p C • Q y >,y C c v w E m o R O o o E o G L y E.CLor- O Q y O v 0 u v z u o C v rJ .a > ° cs u CL _ F o v a ce V T C a n r �n t: " N n. °• G O C v y F o 0 Z o y c E O L v OLD Q s E o :J O CD r • N C C y E o d o L Q r Q d C u L cQ O C d 7 � a R C v ar R v H r V � L aj L ate,. O v C a v v L C C 6j R w H i s c m w N O. A LV.. 7 d A = C u N o L - I CL c C vOi w a d •� .�... c O C7 N p Q C CA V L N 9 :J a E ¢ 6 R y `o o a E c u n _ u o c Val Vl � 00 y n p L •L R O c mo L T •���, z z w L a O L (� C CiI 07 44 i� ¢I N 3 Q N ¢ <I U v = z z E_ E u Vn z -, y v < 15C3' ATTACHMENT G CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP AGREEMENT NO: G0029 1. The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti -trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three -year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. 3. Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of rr [ L. -.: % , 20 Authorized Sienatur /e Eon actor FRANK HAYDEN, PROCUREMENT DIRECTOR Typed Name/Title S FL WATER MANAGEMENT DISTRICT Contractor's Firm Name 3301 GUN CLUB ROAD BUILDING B -1 Street Address Building, Suite Number WEST PALM BEACH, FL 33406 City /State /Zip Code 561 - 682 -2043 Area Code /Telephone Number Form DEP 55 -220 (01101) DEP Agreement No. 00029, Attachment G. Page 1 of 2 Page I of 2 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. By signing and submitting this form, the certifying parry is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and /or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5. The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501 -4740 or (202) 501- 4873.) 8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. DEP FORivI 55 -220 (01/01) Page 2 of 2 DEP ,Agreement No. 00029. Attachment G. Page 2 of 2 160 ATTACHMENT H Contract Provisions All contracts awarded by a recipient, including small purchases, shall contain the following provisions as applicable: 1. Equal Employment Opportunity - All contracts shall contain a provision requiring compliance with Executive Order (E.O.) 11246, "Equal Employment Opportunity," as amended by E.O. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and as supplemented by regulations at 41 CFR part 60, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor." 2. Copeland "Anti- Kickback" Act (18 U.S.C. 874 and 40 U.S.C. 276c) - All contracts and subgrants in excess of $2000 for construction or repair awarded by recipients and subrecipients shall include a provision for compliance with the Copeland "Anti- Kickback" Act (18 U.S.C. 874), as supplemented by Department of Labor regulations (29 CFR part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). The Act provides that each contractor or subrecipient shall be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he is otherwise entitled. The recipient shall report all suspected or reported violations to the Federal awarding agency. 3. Davis -Bacon Act, as amended (40 U.S.C. 276a to a -7) - When required by Federal program legislation, all construction contracts awarded by the recipients and subrecipients of more than $2000 shall include a provision for compliance with the Davis -Bacon Act (40 U.S.C. 276a to a -7) and as supplemented by Department of Labor regulations (29 CFR part 5, "Labor Standards Provisions Applicable to Contracts Governing Federally Financed and Assisted Construction "). Under this Act, contractors shall be required to pay wages to laborers and mechanics at a rate not less than the minimum wages specified in a wage determination made by the Secretary of Labor. In addition, contractors shall be required to pay wages not less than once a week. The recipient shall place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation and the award of a contract shall be conditioned upon the acceptance of the wage determination. The recipient shall report all suspected or reported violations to the Federal awarding agency. 4. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 -333) - Where applicable, all contracts awarded by recipients in excess of $2000 for construction contracts and in excess of $2500 for other contracts that involve the employment of mechanics or laborers shall include a provision for compliance with Sections 102 and 107 of the Contract Work Hours and Safety Standards Act, (40 U.S.C. 327 -333), as supplemented by Department of Labor regulations (29 CFR part 5). Under Section 102 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than 1 %2 times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Section 107 of the Act is applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 5. Rights to Inventions Made Under a Contract or Agreement - Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 CFR part 401, DEP Agreement \u. 60029. Attachment H. Page I of 3 i� "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 6. Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act, as amended (33 U.S.C. 1251 et seq.) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 et seq.) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 et seq.). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 7. Byrd Anti - Lobbying Amendment (31 U.S.C. 1352) - Contractors who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier shall also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 8. Debarment and Suspension (E.O.s 12549 and 12689) - No contract shall be made to parties listed on the General Services Administration's List of Parties Excluded from Federal Procurement or Nonprocurement Programs in accordance with E.O.s 12549 and 12689, "Debarment and Suspension." This list contains the names of parties debarred, suspended, or otherwise excluded by agencies, and contractors declared ineligible under statutory or regulatory authority other than E.O. 12549. Contractors with awards that exceed the small purchase threshold shall provide the required certification regarding its exclusion status and that of its principal employees. 9. Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h -3(e)) - Contracts and subgrants of amounts in excess of $100,000 shall contain a provision that requires the recipient to agree to comply with all applicable standards, orders or regulations issued pursuant to Section 508 of the Federal Water Pollution Control Act, as amended (33 U.S.C. 1368) and Section 1424(e) of the Safe Drinking Water Act (42 U.S.C. 300h- 3(e)). Violations shall be reported to the Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). 10. Compliance with all Federal statutes relating to nondiscrimination - These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 (P.L. 88 -352), which prohibits discrirninatkLn on the basis of sex; (b) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. 795), which prohibits discrimination on the basis of handicaps; (c) the Age Discrimination Act of 1975, as amended (42 U.S.C. 6101 - 6107), which prohibits discrimination on the basis of age; (d) the Drug Abuse Office and Treatment Act of 1972 (P.L. 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; (e) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (P.L. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; (f) Sections 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd -3 and 290 ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; (g) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (h) any other nondiscrimination provisions in the specific statute(s) made; and, (1) the requirements of any other nondiscrimination statute(s) that may apply. DEP Agreement No. 00029. Attachment H. Page 2 of 3 1 � 03 11. Compliance with the requirements of Titles II and III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 (P.L. 91 -646) that provide for fair and equitable treatment of persons displaced or whose property is acquired as a result of Federal or federally assisted programs. These requirements apply to all interests in real property acquired for project purposes regardless of Federal participation in purchases. 12. Compliance with the provisions of the Hatch Act (5 U.S.C. 1501 —1508 and 7324 — 7328) that limit the political activities of employees whose principal employment activities are funded in whole or in part with Federal funds. 13. Compliance, if applicable, with flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973 (P.L. 93 -234) that requires recipients in a special flood hazard area to participate in the program and to purchase flood insurance if the total cost of insurable construction and acquisition is $10,000 or more. 14. Compliance with environmental standards which may be prescribed to the following: (a) institution of environmental quality control measures under the National Environmental Policy Act of 1969 (P.L. 91 -190) and Executive Order 11514; (b) notification of violating facilities pursuant to E.O. 11738; (c) protection of wetlands pursuant to E.O. 11990; (d) evaluation of flood hazards in floodplains in accordance with E.O. 11988; (e) assurance of project consistency with the approved State management program developed under the Coastal Zone Management Act of 1972 (16 U.S.C. 1451 et seq.); (f) conformity with Federal actions to State (Clean Air) Implementation Plans under Section 176(c) of the Clean Air Act of 1955, as amended (42 U.S.C. 7401 et seq.); (g) protection of underground sources of drinking water under the Safe Drinking Water Act of 1974, as amended (P.L. 93 -523); and (h) protection of endangered species under the Endangered Species Act of 1973, as amended (P.L. 93 -205). 15. Compliance with the Wild and Scenic Rivers Act of 1968 (16 U.S.C. 1271 et seq.) related to protecting components or potential components of the national wild and scenic rivers system. 16. Compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), E.O. 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a -1 et seq.). 17. Compliance with P.L. 93 -348 regarding the protection of human subjects involved in research, development, and related activities supported by this award of assistance. 18. Compliance with the Laboratory Animal Welfare Act of 1966 (P.L. 89 -544, as amended, 7 U.S.C. 2131 et seq.) pertaining to the care, handling, and treatment of warm blooded animals held for research, teaching, or other activities supported by this Agreement. 19. Compliance with the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. 4801 et seq.) that prohibits the use of lead -based paint in construction or rehabilitation of residence structures. 20. Compliance with the mandatory standards and policies relating to energy efficiency that are contained in the State energy conservation plan issued in accordance with the Energy Policy and Conservation Act (Pub. L. 94 -163, 89 Stat. 871). REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP.-Agreement \o. 0,0029, :attachment H. Page 3 of 3 ATTACHMENT REGtiLATIONS Formal regulations concerning administrative procedures for EPA grants appear in Title 40 of the Code of Federal Regulations. Grant program administrative regulations appear in Subchapter B; other regulations of general applicability appear in Subchapter A. Other EPA regulations also impact grant programs. The following list contains regulations and Office of Management and Budget Circulars which may apply to the work performed under this Agreement. Subchapter A - General 40 C.F.R. 4 Uniform relocation assistance and real property acquisition for federal and federally assisted programs 40 C.F.R. 12 Nondiscrimination on the basis of handicap in programs or activities conducted by EPA 40 C.F.R. 29 Intergovernmental review of EPA programs and activities 40 C.F.R. 30 Uniform administrative requirements for grants and agreements with institutions of higher education, hospitals and other nonprofit organizations Subchapter B — Grants and Other Federal Assistance 40 C.F.R. 31 Uniform administrative requirements for grants and cooperative agreements to state and local governments 40 C.F.R. 32 Govemmentwide debarment and suspension (nonprocurement) and govemmentwide requirements for drug -free work place (grants); Clean Air Act and Clean Water Act ineligibility of facilities in performance of federal contracts, grants and loans 40 C.F.R. 34 New restrictions on lobbying 40 C.F.R. 35 State and local assistance Other Federal Regulations 48 C.F.R. 31 Contract Cost Principles and Procedures, or uniform cost accounting standards that comply with cost principles acceptable to the federal agency Office of Management and Budget Circulars A -21 Cost Principles for Educational Institutions A-87 Cost Principles for State, Local, and Indian Tribal Governments A -122 Cost Principles for Non - Profit Organizations A -133 Audit Requirements REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DF.P Agreement Yu. G0029. Attachment 1, Page 1 of 1 ATTACHMENT J C3 Status and Temporal Variability Monitoring Networks Sampling Manual Florida Department of Environmental Protection 2600 Blair Stone Road, Tallahassee, Florida 32399 -2400 September 2001 DEP Agreement No. G0029, Attachment J. Page 1 of 91 16C3' Status and Temporal Variability Monitoring Networks Sampling Manual Prepared by: Laura Morse Tom Biernacki James Silvanima Paul Hansard David Ouellette Joe North Watershed Monitoring and Data Management Section Florida Department of Environmental Protection DEP Agreement No. G0029, Attachment J, Page 2 of 91 16C3' TABLE OF CONTENTS Section Title Page # I Introduction 3 II Description of Networks 4 III Project Preparation 10 IV Instrument Calibration 13 V Ground Water Sampling Protocols 17 VI Quality Control Samples- Ground Water 40 VII Surface Water Sampling Protocols 44 VIII Quality Control Samples- Surface Water 68 IX Equipment Cleaning 71 X Field Performance Audits 78 XI Quality Assurance Reports 79 Figures Figure # Description Page # V -1 Back of the Custody Sheet for Ground Water TV and Status Monitoring 18 V -2 Example of Ground Water Sampling Supplies Inventory List 19 V -3 Example of Station Identification Label 20 V -4 Example of Laboratory Project and Sample Identification Label 21 V -5 Example of Laboratory Production and Container Numbers Label 21 V -6 Example of Micro Land Use Form 22 V -7 Ground Water Sampling Field Log Sheet 23 V -8 Florida Unique Well Identification (FLUWID) Tag 25 V -9 Example of the Front of the Custody Sheet for Ground Water Sampling 32 V -10 Example of the Weekly Project Request Number Label 33 VI -1 Example of Equipment Blank Label 41 VI -2 Example of Duplicate Label 42 VI -3 Example of Field Reference Sample Reporting Form 43 VII -1 Example of Surface Water Sampling Equipment and Supplies Inventory List 45 VII -2 Location for Collecting Samples in Low and High Order Streams Plus Canals 46 VII -3 Location for Collecting Samples in Streams and Canals if a Sandbar Is Present 46 VII -4 Location for Collecting Samples in Large Lakes 46 VII -5 Location for Collecting Samples in Small Lakes 47 VII -6 Example of Station Identification Label 50 VII -7 Example of Laboratory Project and Sample Identification Label 51 VII -8 Example of Laboratory Production and Container Numbers Label 51 VII -9 Example of the Front of the Custody Sheet for Surface Water Sampling 59 VII -10 Back of the Custody Sheet for Surface Water TV Sampling 60 VII -11 Back of the Custody Sheet for Status Sampling of Streams 60 DEP Agreement No. 60029, Attachment J, Page 3 of 91 Figures continued Figure # Description Page # VII -12 Back of the Custody Sheet for Status Sampling of Lakes 61 VII -13 Example of Weekly Project Request Number Label 61 VII -14 Field Sheet for the Surface Water TV Network 63 VII -15 Field Sheet for the Surface Water Status Network 64 Tables Table # Description Page # II -1 Status Monitoring Indicator List 6 II -2 Analytical Methods for Status and Temporal Variability Networks 7 II -3 Temporal Variability Monitoring Indicator List 9 V -1 Chemical Stability 28 V -2 Water Volume Computation 35 VII -1 Containers for Surface Water Sampling 50 IX -1 Cleaning Procedures and Frequencies 77 Attachments Attachment Title page # X -1 Field Audit Fom1 80 XI -1 Example of Quarterly Quality Assurance Report 87 XII -1 Status Network Index Periods- 2002 90 DEP Agreement No. G0029, Attachment J, Page 4 of 91 C3 Section I. Introduction The Watershed Monitoring and Data Management Section (WM &DMS) of the Florida Department of Environmental Protection (FDEP) will annually host a water sampling workshop for the Florida Status and Temporal Variability (TV) Monitoring Networks. The purpose of the workshop is to provide a consistent state -wide approach to water sampling conducted for the two networks. The need for a single sampling protocol is especially important, since many agencies participate in the sampling effort. Furthermore, the long -term nature of the program requires that variations in sampling procedures over time be minimized and that deliberate changes to these procedures occur in a controlled fashion. The procedures recommended within are approved procedures; however, many are specific to the two networks and may not be directly applicable to other programs. The Status and Temporal Variability Monitoring Networks are a multi- agency cooperative effort. Participants include state, local, and federal agencies, as well as privately owned companies. Naturally, with this number of groups involved in sampling and analysis, coordination and communication are essential. If at any time questions arise regarding the two networks, don't hesitate to contact the FDEP WM &DMS at (850) 921 -9422. DEP Agreement No. 00029. Attachment J, Page 5 of 91 16C3 Section II. Description of Networks The Ambient Monitoring Network consists of two projects. The Status Network is a probability - based network designed to randomly sample Florida's water quality resources, for the purpose of making statistical inferences about water quality status. The Temporal Variability Network is a fixed- station - monitoring network designed to detect both short-term variability and long -term trends. Status Network The purpose of the Status Network is to characterize the environmental conditions of Florida's water resources and to determine if those conditions are changing over time. To accomplish this, the state has been divided into 20 geographic reporting units, all of which will be sampled over a 5 -year period. During any given year, sampling will be conducted in 5 reporting units, one from each water management district. [Under this strategy, 5 reporting units will be sampled twice during the 5 -year cycle, the other 15 reporting units will be sampled once only.] The water resources to be characterized include confined aquifers, unconfined aquifers, high -order streams (Horton order greater than 4), low -order streams (Horton order 4 or less), small lakes (1 -10 hectares), and large lakes (over 10 hectares). Each year, and for each active reporting unit, 30 sampling stations from each of the six water resources will be selected at random (900 stations per year). Samples will be collected from these stations during resource - specific index periods and analyzed for the constituents listed in Table II -1. The analytical methods for each constituent are listed in Table II -2. The Watershed Monitoring and Data Management Section, the five water management districts, and selected county environmental protection agencies will collect samples. The FDEP Central Chemistry and Biology Laboratories in Tallahassee, Florida, will analyze all samples. For further information on the design of the Status Network, refer to Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network written by WM &DMS staff. Temporal Variability Network The purpose of the Temporal Variability (TV) Network is to characterize site - specific water quality variability at selected sampling sites. There are 79 surface water TV stations located on Florida lakes and streams. The surface water TV stations are monitored monthly for the constituents listed in Table II -3. Table II -2 lists the methods that will be used for the analysis of each constituent. DEP Agreement No. 60029, Attachment J, Page 6 of 91 C3 There are 47 ground water TV stations tapping confined or unconfined aquifers. Unconfined wells will be sampled monthly, and confined wells will be sampled quarterly. The analytes to be measured will depend on whether or not the well is in an actively monitored reporting unit (see above for description of reporting unit). Wells located in actively monitored reporting units will be analyzed for the analytes shown in Table II -3. Wells not located in actively monitored reporting units will be analyzed for field measurements only (pH, specific conductance, temperature, dissolved oxygen, and water level). For further information regarding the Temporal Variability Network, refer to the Watershed Monitoring and Data Management Section's Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network. DEP Agreement \o. G0029. Attachment J, Page 7 of 91 1603 Table II -1. Status Monitoring Indicator List INDICATOR LAKES (Ig) LAKES (sm) STREAMS (ho) STREAMS (lo) AQUIFERS Calcium T T T T D Magnesium T T T T D Sodium T T T T D Potassium T T T T D Chloride T T T T D Sulfate T T T T D Fluoride T T IT T D Alkalinity T T T T D Nitrate + Nitrite T T T T D Ammonia T T T T D Kjeldahl Nitrogen T T T T D Phosphorous T T T T D Specific Conductance D D ID D D Orthophosphate D D ID D D Organic Carbon T T IT T T Dissolved Solids T T T T T Suspended Solids T T T T T Turbidity T T T T T Color T T T T T Fecal Coliform T T T T T Enterococci T T T T T Chlorophyll -A T T T T Algal Growth Potential T T Phytoplankton T T Water Temperature X X X X X pH X X X X X Specific Conductance /Salinity X X X X X Dissolved Oxygen X X Ix X X Secchi Depth X X Ix X Ix Total Depth X X Ix X Sample Depth X X Ix Depth to Water (from LSE) X Land Surface Elevation (LSE) X Microlanduse X T total sample/ D filtered sample/ X other sample or measurement DEP Agreement No. G0029, Attachment J, Page 8 of 91 Table II -2. Analytical Methods for Status and Temporal Variability Networks ANALYTE ANALYSIS METHOD"-' Field Measurements pH EPA 600/4 -79 -020, Method 150.1 Temperature EPA 600/4 -79 -020, Method 170.1 Specific Conductance EPA 600/4 -79 -020, Method 120.1 Dissolved Oxygen EPA 600/4 -79 -020, Method 360.1 Depth to Water 4 Steel tape and chalk/electronic indicator Total Water Depth Steel tape /electronic measuring device Secchi Depths Welch (1948); EPA 620/R- 97/001 Biology Chlorophyll -A5 SM 10200 H (modified) Phytoplankton Taxonomy SM 10200 F.1; 10200 F.2 Algal Growth Potential6 EPA 600/9 -78 -018 (modified) Microbiology Total Coliform EPA 600/8 -78 -017, p. 109; SM 9222 B Fecal Coliform EPA 600/8 -78 -017, p. 125; SM 9222 D Enterococci SM 9230 C Escherichia coli SM 9213 D Organics Total Organic Carbon EPA 600/4 -79 -020, Method 415.1 Nutrients Nitrate - Nitrite EPA 600/4 -79 -020, Method 353.2 Ammonia EPA 600/4 -79 -020, Method 350.1 Total Kjeldahl Nitrogen EPA 600/4 -79 -020, Method 351.2 Total Phosphorus EPA 600/4 -79 -020, Method 365.1 Orthophosphate EPA 600/4 -79 -020, Method 365.1 Inorganic Anions Chloride EPA 600/4 -79 -020, Method 300.0 Sulfate EPA 600/4 -79 -020, Method 300.0 Fluoride EPA 600/4 -79 -020, Method 340.2 DEP Agreement No. 60029, Attachment J, Page 9 of 91 E€�3 Table II -2. Continued ANALYTE ANALYSIS METHOD ' Metals Calcium EPA 600/4 -79 -020, Method 200.7 Magnesium EPA 600/4 -79 -020, Method 200.7 Sodium EPA 600/4 -79 -020, Method 200.7 Potassium EPA 600/4 -79 -020, Method 200.7 Physical Properties Alkalinity EPA 600/4 -79 -020, Method 310.1 Turbidity EPA 600/4 -79 -020, Method 180.1 Specific Conductance (Lab) EPA 600/4 -79 -020, Method 120.1 Color EPA 600/4 -79 -020, Method 110.2 Total Suspended Solids EPA 600/4 -79 -020, Method 160.1 Total Dissolved Solids EPA 600/4 -79 -020, Method 160.2 'Analyte measured in unfiltered samples for ground water and surface water matrices unless otherwise noted 2Field analytes measured by sampling agency; Biology and Microbiology analytes measured by DEP Biology Laboratory; all other analytes measured by DEP Central Chemistry Lab 3Methods for Chemical Analysis of Water and Wastes, EPA 600/4 -79 -020, revised March 1983; Welch, P.S., 1948, Limnological Methods, Blakiston Co., Philadelphia; Environmental Monitoring and Assessment Program Surface Waters: Field_ Operations Manual for Lakes, EPA 620/R- 97/001, 1997; Selenastrum capricomutum printz Algal Assay Bottle Test: Experimental Design, Application, and Data Interpretation Protocol, EPA 600/9 -78 -018, 1978; Microbiological Methods for Monitoring the Environment - Water and Wastes, EPA 600/8 -78 -017, 1978; Standard Methods for the Examination of Water and Wastewater (designated SM), 19th Ed., American Public Health Association, Washington, DC, 1995 °Measurements using an electronic indicator or measuring device shall follow manufacturer's instructions • 5Measured only in unfiltered surface water 6Measured only in water samples from lakes for the Status Network MMeasured in filtered ground water samples and unfiltered surface water samples, except ortho- phosphate which is measured in both filtered ground water and surface water samples 'Measured in filtered ground water samples and unfiltered surface water samples DEP Agreement No. G0029, Attachment !, Page 10 of 91 Table II -3. Temporal Variability Monitoring Indicator List INDICATOR SURFACE WATER GROUND WATER Calcium T D Magnesium T D Sodium T D Potassium T D Chloride T D Sulfate T D Fluoride T D Alkalinity T D Nitrate + Nitrite T D Ammonia T D KjeldahI Nitrogen T D Phosphorous T D Specific Conductance D D Orthophosphate D D Organic Carbon T T Dissolved Solids T T Suspended Solids T T Turbidity T T Color T T Fecal Coliform T T Enterococci T T Chlorophyl I -A T Water Temperature X X pH X X Specific Conductance /Salinity X X Dissolved Oxygen X X Secchi Depth X Total Depth X Sample Depth X Depth to Water (from LSE) X Land Surface Elevation (LSE) X T total sample/ D filtered sample/ X other sample or measurement Active Reporting Unit only. Inactive Reporting Units monitored for field measurements only. DEP .Agreement Rio. 00029. Attachment J, Palle t 1 of 91 C3j Section III. Project Preparation Sampling Schedule Sample schedules will be provided to the sampling agencies. They will list the types of projects for which each agency is scheduled for, and the numbers of samples, equipment blanks, and duplicates to be collected for each project. If sampling cannot be done according to this schedule, your Project Manager must notify FDEP WM &DMS staff as soon as possible so that others involved in the project (e.g. laboratories, etc.) can be notified of the change. Sampling Kit Shipments The FDEP Central Laboratory has been instructed to ship all containers for a project no later than two weeks prior to the beginning of the project. The containers will be shipped in coolers addressed to the Project Manager. Pre - printed Federal Express airbills for return shipment will also be shipped inside the coolers. If the container shipment is not received at the sampling agency 7 days prior to the first day of sampling, please notify WM &DMS staff. Project Paperwork The FDEP WM &DMS staff will ship the paperwork needed for a sampling project to each sampling agency. This package will be mailed no later than two weeks prior to the beginning of a project. Check the package to make sure it contains all of the following items: For Ground Water (GWTV) and Surface Water (SWTV) Temporal Variability Monitorin • Custody sheets • Station identification (bar- coded) container labels • RQ (Requisition) labels • Field sheets • Micro land use forms (once annually for GW only) For Status Monitoring • Custody sheets • Station identification (bar - coded) container labels • RQ (Requisition) labels • Field log sheets DEP Agreement No. G0029, Attachment J, Page 12 of 91 • Micro land use forms (GW only) Preservatives FDEP WM &DMS staff will supply preservatives for both Status and TV samples. These preservatives are contained in vials, each of which has enough pre- measured preservative to adequately preserve one sample container. It is the responsibility of the sampling agency to keep an inventory of preservatives. To order more preservatives, please notify the WM &DMS Quality Assurance Officer at (850) 922 -5820, two months in advance of completely exhausting supplies. Filters FDEP WM &DMS staff will supply filter devices for filtering of surface and ground water samples. For surface water samples, orthophosphate (0-PO4) is filtered using a disposable syringe and a filter disk. For ground water samples, a disposable in -line filter capsule is used to filter anions, nutrients, and metals. Inventories should be periodically checked to ensure enough supplies are available. Requests for additional filters should be made well in advance of sampling by calling (850) 922 -5820. Field Reference Samples The U.S. Geological Survey Water Resources Division Laboratory (USGS WRD) in Ocala supplies field reference samples to sampling agencies. Shipments to the sampling agencies are generally made once or twice a year, so plenty of samples should be on hand. These samples should be analyzed at a rate of 1 per 5 -10 actual samples, for both pH and specific conductance. Inventories should be periodically checked and requests for additional field reference samples should be made well in advance of sampling. Requests should be made either by calling the WM &DMS QA Officer at (850) 922 -5820 or contacting the USGS by electronic mail at ocalaman @usgs.gov. Faxes can also be sent to the USGS at (352) 237 -7081. When requesting - supplies from the USGS; specify name and sampling agency, provide a description and quantity of items needed, mention how fast the supplies are needed, and list current mailing address. Container Inventory Soon after receiving the containers, they should be inventoried. Check the FDEP lab shipment to ensure that all necessary containers and preservatives have arrived, using the inventory list on the DEP A,,reement No. G0029, Attachment J. Pa,-,e 13 of 91 16C3 ' back of the custody sheet. Remember that it is the sampling agency's responsibility to ensure that enough supplies are available. Do not forget to include Quality Control (QC) samples. Container inventories are shown in Sections V and VII. If there are any questions, call either the FDEP lab or WM &DMS staff. Supplies and Equipment Inventory Prior to beginning a project, conduct an inventory of all sampling supplies and equipment needed. A checklist can be helpful in ensuring that the proper supplies and equipment are available. A checklist can also be helpful when checking cleanliness and working order of sampling equipment. Checklists will vary for different agencies. Examples of checklists are shown in Sections V and VII. Historical Data Prior to visiting a sample site, it is imperative that documentation from previous visits be reviewed, if available. Important information can be obtained from the documentation including average purging time, calibration ranges, and expected field measurements. If possible, take a printed copy of the field notes to the site so they can be compared with the current observations. If discrepancies are found, be sure to note them in the field logbook. Finally, check to see that the information in the station file is complete. Often relevant information is missing. If so, try to obtain that information in the field. DEP Agreement No. G0029, Attachment J, Pa«e 14 of 9 t Section IV. Instrument Calibration Procedures Introduction The following are the minimum calibration requirements needed to ensure that an instrument is capable of producing acceptable data. General Calibration Considerations Field equipment shall be fully calibrated daily for pH, specific conductance, and dissolved oxygen (DO). Refer to equipment manufacturer's recommendations for calibration procedures. Once the meter has been calibrated, pH, conductivity, and DO checks shall take place at the end of the sampling day. The pH meter will be checked against the pH 7 buffer, the specific conductance meter against a single standard, and DO will be checked with water saturated air. If a field meter fails a calibration check, then a complete calibration must be performed prior to collecting further data. The minimum frequency of the pH and conductivity checks are contingent upon field reference sample results. At least 95% of the results must be satisfactory or marginal. If this is not met, then the minimum frequency for the checks will be every 4 hours, and at the end of the sampling day, until satisfactory performance can be assured. Records of each system calibration and calibration check must be maintained in a calibration log. The method used to calibrate, time and date of calibration, standard(s) used, resulting meter response, actions taken, and the results of the calibration should be listed. Optionally, the meter name, model number, and identification number (if applicable) may be entered. Documentation on calibration standards (e.g., buffers, KCI, and other reagents) must be maintained. At a minimum, the date of receipt, expiration dates (noted on the bottle label), and date of first use shall be noted on the standard container. Expiration dates must be followed. If reagents or standards are prepared from stock chemicals, they must be analytical reagent grade or better. NOTE: Potassium chloride standards must be of primary standard grade. DEP Agreement No. 60029, Attachment J, Page 15 of 91 Calibration of Specific Meters Multiprobe Meters Calibration should be performed according to manufacturer's specific instructions on a daily basis. Checks should be conducted as listed in the following for the individual meters. pH Meters The pH meter is calibrated on a daily basis according to manufacturer's instructions. Use buffer solutions (pH of 4, 7, 10) purchased from commercial vendors for calibration. Do not reuse buffers. Each meter /electrode system must be calibrated at a minimum of two points, at least three pH units apart, bracketing the expected sample pH. Check historical data for expected pH or use pH paper on an aliquot to estimate. Values must be within 0.1 standard units of the actual buffer values, or the meter must be recalibrated. • A calibration check must be made at the end of the sampling day. • If less than 95% of the pH field reference sample values are not satisfactory or marginal, the minimum frequency for checks will be every 4 hours as well as at the end of the sampling day. The pH meter is checked against the pH = 7 buffer. The value must be within 0.1 standard units of the actual buffer value, or the meter must be recalibrated. • There are several interferences to keep in mind with pH measurement: • Sodium interferences that occur at pH > or = 10 can be reduced or eliminated by using a low sodium error electrode; Coatings of oils, greases, and particulates may impair the electrode's response. The electrode bulb should be patted dry with lint -free paper or cloth and rinsed with deionized water. If not, acetone may be used to clean very hard to remove films, but must be used sparingly so the electrode surface is not damaged. • Temperature effects on the electometric measurement of pH and conductivity are controlled by using instruments having automatic temperature compensation (ATC) or by calibrating the meter at the temperature of the samples. • Poorly buffered solutions with low specific conductance ( <200 gS /cm) may cause fluctuations in the pH readings. Equilibrate the electrode by immersing it in an aliquot of sample for several minutes before taking pH readings. • Under normal conditions a pH measurement should be accurate to +/- 0.1 pH units. Thermometers /Thermistors • Temperature determinations can be made with any field -grade mercury- filled, alcohol - filled, or dial -type Celsius thermometer as well as an electronic thermistor. • All field thermometric devices shall be checked annually in the laboratory against a National Institute of Standards and Technology (NIST) precision thermometer. DEP Agreement No. 00029, Attachment J. Pa,-,e 16 of 91 15C3' • The annual check should consist of the following: • Temperatures should agree within +/- 0.1° C. Make note of the calibration in the calibration records. Note the make, model, and serial number of each thermometer or thermistor. • Thermometers or thermistors that do not meet the acceptance criteria should be disposed of properly. • If the difference is shown to be constant (i.e. + 0.5° C) over the temperature range of the thermometric device, it may still be used provided that the difference is documented for 10 degree increments, and the correcting factor is used in all measurements. • All field thermometric devices should be checked weekly in the laboratory with a NIST checked thermometer. The thermometer or thermistor should be allowed to equilibrate to the temperature of the sample before readings are recorded. Temperature readings should be recorded to the nearest 0.5° C. Specific Conductance Meters • Conventional conductivity devices consist of two or more platinum electrodes separated by a test solution. The major disadvantage with this type of system is the possibility of polarization or poisoning (fouling) of the electrodes. Periodic cleaning of the electrodes, according to the manufacturer's instructions, should be performed. • Conductivity varies with temperature. For example, the conductivity of salt water increases 3% per degree C at 0° C, and only 2% per degree C increase at 25° C. Therefore, all meters must be temperature compensated. • The meter should be calibrated daily using the manufacturer's specifications. If the meter does not read within 5% of the standards, determine what the problem is and correct it before proceeding. • The meter must be checked in the field with at least one conductivity standard at the end of the sampling day. However, if less than 95% of the conductivity field reference sample results are satisfactory or marginal, conductivity will have to be checked at a minimum of every 4 hours as well as at the end of the day. The chosen standard should be close to the conductance value of the samples. If the meter does not read within 5% of the standard, then the meter must be recalibrated prior to collecting further data. Dissolved Oxygen Meter • Annually, the meter should be calibrated in the laboratory using the Azide modification of the Winkler Method. The annual laboratory calibration should consist of the following: • Fill a clean container with uncontaminated or deionized water and place the probe into the container. • Siphon water from the container into two Biological Oxygen Demand (BOD) bottles. DEP Agreement No. G0029, .attachment J, Page 17 of 91 • Make sure to place siphon hose on the bottom of the bottles and overflow the bottles by three volumes. • Determine the DO by the Winkler method (see Standard Methods for the Examination of Water and Wastewater, 19th Ed., American Public Health Association, Washington, D.C., 1995, for more details). • Adjust the DO meter according to manufacturer's instructions. Be sure to adjust the meter to the temperature of water in the container, then calibrate the instrument to read the average DO concentration of the two samples determined by the Winkler test. • Once a day the dissolved oxygen (DO) meter should be calibrated in accordance to the manufacturer's recommendations. • Before mobilizing, check to make sure there are no air bubbles on or, wrinkles or tears in the probe membrane. If so, replace the membrane and KC1 filling solution. Check the leads, contacts, etc. for corrosion and/or shorts if the meter pointer remains off - scale, does not calibrate, or drifts. • Check the calibration of the DO meter with water saturated air at the end of the sampling day. If a DO meter fails the calibration check, then recalibrate the meter prior to taking any more DO measurements. Refer to the manufacturer's recommendations if the calibration checks fails and the probe appears damage. • A constant flow of water across the membrane - sample interface is necessary when collecting DO data. • Dissolved inorganic salts are an interference with the performance of DO probes. For example, the taking of DO readings in salt water is affected by the salinity. Corrections should be made following the manufacturer's instructions. • Reactive gases, which pass through the membrane, may cause interference. Again, refer to the manufacturer's recommendations when dealing with interferences. • DO probes are temperature sensitive. A method of temperature compensation is normally provided by the manufacturer if the probe does not compensate for temperature automatically. DEP Agreement `o. 00029, Attachment J. Page 1S of 9 l Section V. Ground Water Sampling Protocols Introduction Sampling of ground water is done such that samples will approximate as closely as possible actual aquifer conditions. The methods should consider the following: • Well construction and development is carefully documented. • Purge techniques are documented for each well. • Field measurements are made with minimal disturbance. • Samples are collected with minimal disturbance and preserved rapidly. • Samples are collected in a known and reproducible manner. Before actually going into the field, maps and previous field logs are used to determine the number of wells to be sampled and the order in which they will be sampled. When wells are known to contain low -level contamination, sampling should proceed from the least contaminated well to the most contaminated. Wells known to be severely contaminated (e.g. presence of free product or trace contaminant concentrations in parts per million) should not be sampled. Prior to visiting wells that are privately owned, the owner should be informed by phone call or letter. Springs will be sampled as a ground water resource such that samples will be taken at the vent or as close as possible to the vent. Capabilities The ground water coming from all wells will be examined for the following field analytes: pH, temperature, specific conductance, dissolved oxygen, and depth to water. For all Status Network and certain Temporal Variability Network wells (as stated in Section II), ground water samples will be collected for the following analyte groups: organics (total organic carbon), physical properties (turbidity, specific conductance, color, total suspended solids, and total dissolved solids), microbiology (enterococci, Escherichia coli, total coliform, and fecal coliform), metals (calcium, magnesium, sodium, and potassium), and inorganics (inorganic anions- chloride, sulfate, and fluoride; nutrients- nitrate - nitrite, ammonia, kjeldahl nitrogen, total phosphorus, orthophosphate; and alkalinity). Analytes and analytical methods are listed in Table II -2. DEP Agreement No, G0029, Attachment J, Page 19 of 91 1603 1 Inventory for Sampling Needs Before traveling to the well site, several inventories are necessary. • Inventory all paperwork coming from FDEP, including barcode labels, custody sheets, micro land use forms, and field log sheets (all described below). • Inventory the sampling kits and the acids necessary for sample preservation, by using the container inventory list provided on the back of the custody sheets (Figure V —l.). • Inventory the equipment necessary for the well sampling, by use of an equipment inventory check -list such as that listed in Figure V -2. Figure V -1. Back of the Custody Sheet for Ground Water TV and Status Monitoring GROUND WATER TEMPORAL VARIABILITY & STATUS NETWORK CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP TOC TOC (1) 125 ml plastic Unfiltered; H2SO4 ampule to pH < 2; chill to 4 °C DEP Turbidity Turbidity, Color, (1) 1 liter plastic Unfiltered; chill to 4 °C TDS, TSS DEP Bacteria Enterococci (2) Whirlpaks a 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP Metals Ca, K, Na, Mg (1) 125 ml plastic Filtered; HNO3 ampule to pH < 2; chill to 4 °C DEP Anion Cl, SO,, F, o_PO4, (1) 500 ml plastic Filtered; chill to 4 °C Alkalinity, Conductance DEP Nutrient NO3 +NO,, (1) 500 ml plastic Filtered; H,SO4 ampule to pH < 2; chill to NH3iTKN, P I 4 °C DEP Agreement No. G0029, Attachment J, Page 20 of 91 16C3 Figure V -2. Example of Ground Water Sampling Supplies Inventory List Pumps GROUND WATER SAMPLING INVENTORY lVeters Miscellaneous pH meter _ Aluminum Foil _ batteries _ Plastic Garbage Bags probe _ Duct Tape _ standards _ Unpowdered Latex Gloves _ Conductance meter _ Paper Towels — batteri es _ Spray Bottles probe _ pH paper — standards _ Cleaning brushes _ DO meter _ Butcher Paper batteries _ Indelible Markers probe _ _ Pens standards _ Coolers Thermometer /Thermistor _ _ Ice condition _ _ Water Level Tape calibration _ Chalk Pumps Paperwork Submersible RediFlow2 Site Maps _ condition _ Historical Data tubing _ _ Micro Land Use Sheets drop -pipes _ _ Calibration Notebook check valves _ _ Cleaning Notebook gasoline _ _ Custody Sheets _ generator _ Field Log — Centrifugal Barcode Labels _ Container Inventory tubing drop -pipes _ Sampling Vehicles check valves _ Fueled _ Oil Filtration Apparatus _ Clean Filters _ Spare Tire _ Reagents $ Preservatives Sulfuric Acid Vials _ Nitric Acid Vails _ Date of inventory Analyte -Free Water _ Signature Liquinox DEP A-reement No. G0029, Attachment J, Pa-e ? l of 91 16 C3 At the Well Once at the well site, compare the site's appearance to the description of the site in the historical records. Often, the physical appearance of a site can change dramatically between sampling events. These changes should be documented, and the written descriptions should be made part of the site file. Several wells may be clustered at a single site. It is imperative that these wells be clearly distinguishable from one another. Each well should be marked with a Florida Unique Well Identification tag, as described below. Site descriptions should illustrate each well. It is very easy to confuse wells and samples at one of these sites. If you are unsure about which well you are at, measure down to the bottom of the well and compare the measured depth with the depth given in the well file. Several samplers have surprised themselves by performing this simple check. Once you have identified the well to be sampled you will do the following: 1. Note the land uses immediately adjacent to the well. 2. Take the depth to water of the well. 3. Purge the well. 4. Take field measurements of the well water. 5. Collect water samples if any are to be obtained at the well. 6. Tag the well with a Florida Unique Well Identification (FLUWID) Tag and collect its Global Positioning System (GPS) location, if not done previously. 7. Document information concerning the sampling event. Labeling Sample Containers At a well site where water samples are to be collected, all the sample containers for that site are labeled prior to filling. Only one set of containers will be out and labeled at any one sample location. Unpowdered latex gloves should be worn while handling the containers. Station identification labels are provided to the sampling agencies by the WM &DMS (Figure V -3). These labels are bar -coded to uniquely identify a sample station. Several labels are provided for each sampling site. A label will be placed vertically on each sample container for a site. The FDEP Central Laboratory places two types of labels on the sample bottles prior to shipping. One identifies the weekly sampling project request number and the sample analyses for that container (Figure V -4). The other provides the production container numbers for a specific sample bottle - (Figure V -5). Samplers should write the time and date at which a station is sampled on the laboratory project and sample identification label of each container. Figure V - 3. Example of Station Identification Label Illllif CIIIIIIIIII Illl lil III DEP Aueement No. G0029, Attachment J, Page 22 of 91 Figure V - 4. Example of Laboratory Project and Sample Identification Label RQ- 1999- 01 -18 -17 ICE -FLTR W -PO4 -F Figure V - 5. Example of Laboratory Production and Container Numbers Label IllllllilllllllllMII VIII I!III IIII Ilil NVIDUCIAIN, 186122 Illllllllillllllllllll CONTAINEAD 060372 Documentation The micro land use form (Figure V -6) is used to document the land uses found within a 300 foot radius of the well. Once the well for sampling is located, fill out the micro land use form. If sampling a well in the TV Network, this form has to be completed once each sampling year and after any changes occur in the land use. The form must be completed for every well in the Statu§ Network while sampling. Attach a barcode label for the well to be sampled in the upper left box of the form, which contains the words station id and station name. Date the form, and then check off the major land use group for the land uses seen within a 300 -foot radius of the well. Next check off all features observed within a 300 -foot radius of the well. Finally list any comments which pertain to land use immediately surrounding the well. A standardized field log sheet should be used to document all information pertaining to the purging of the well. The Ambient Monitoring Program will supply field log sheets to contractors (Figure V -7). DEP A;reement No. G0029, Attachment J, Page 23 of 91 Figure V -6. Example of Micro Land Use Form FLORIDA AMBIENT MONITORING NETWORK FEATURES & MICRO LAND USE SHEET Station ID Station Name Date Major Land Use Group (Check one) _ Low Impact (LI) _ Mining /Excavation ME) _ Urban /Suburban (JS) _ Intense Agriculture (AG) Industrial (IN) Check All Features Observed Within 300 Feet Of Well _ (47) Agri. Chemical Mixing /Storage _ (02) Airports _ (52) Animal Feeding Operation _ (10) Borrow Pit _ (21) Canal(s) —(40) Cave(s) _ (03) Cemetery _ (51) Crops, Field _ (50) Crops, Row _ (22) Ditch, Drainage _ (37) Ditch, Irrigation _ (55) Dry Cleaners _ (41) Food Processing Plant _ (12) Golf Course _ (48) Groves, Citrus _ ;491 Groves, Other _ (23) Holding Pond(s), Industrial _ (24) Holding Pond(s), Ur'cac _ (45) Hospitals /Clinics _ (35) junk Yard _ (53) Kennel(s) _ (25) Lake(s) _ (04) Landfill _ (11) Mine _ (431 Mineral Processing Plant _ (01) Nursery;Greenhouse _ (20) Parking Lots) _ (44) Petroleum Processing Pant Comments or other unlisted features _ (17) Pipeline(s) 5 Pump Station _ (46) Power Plant _ (18) Railroad(s) _ (06) Repair Shops (e.g. Automotive) _ (05) Residence _ (26) River _ (16) Roads, Major Highway _ (36) Roads, Other _ (13) Septic Tank(s) _ (07) Service Station _ (14) Sewage Treatment Plant _ (15) Sewage Treatment Sprayfield _ (39) Sinks /Sinkholes _ (27) Spring(s) _ (08) Storage Tanks (Above Ground) _ (09) Storage Tanks (Below Ground) _ (38) Stream(sl _ (42) Timber Processing Plant _ (19) Transmission Lines and Towers _ (29) Water Softener _ (30) Well(s), Injection _ (31) Well(s), Irrigation _ (32) Well(s), Oil_ s Gas _ (33) Well(s), Private Supply _ (34) Well(si, Public Supply _ (28) Wetiand(s) (54) Zoos DEP Agreement No. G0029, Attachment J, Pale 24 of 91 0 Figure V -7. Ground Water Sampling Field Log Sheet FLORIDA AMBIENT MONITORING NETWORK FIELD LOG SHEET SAMPLING AGENCY: STATION ID: OWNER: CASING DIAiMETER: LAND SURFACE ELEVATION: MEASURING POINT ELEVATION: DATE/TIME ON SITE: SAMPLER: SAMPLER: HELD AT WETTED AT 1. - 2. - WATER ELEV: (MPE -DTW) MIN. PURGE VOLUME: _ DW PURGE RATE: COUNTY: STATION: PROJECT: CASING NIATERIAL: TOTAL DEPTH: WATERBODY: DATEITIME OFF SITE: LAB(s): FIELD ID: DEPTH TO WATER (DTW) (feet from MPE) (feet from MPE) DTW gal /min feet STICKUP (SU =MPE -LSE): - _�x_x_x0.1224 =_ SU D D PURGE PUMP ID: gal MIN. PURGE TIME: (MIN. PURGE VOLUME /PURGE RATE) min. DATE /TIME PURGE BEGIN: DATE /TIME PURGE STOP: TOTAL PURGE TIME: min TOTAL PURGE VOLUME: (PURGE RATE x TOTAL PURGE TIME) FUEL - POWERED UNITS USED ON SITE: SULFUR ODOR: COLOR: DATE /TIME SAMPLING BEGIN: DATE /TIME SAMPLING STOP: SAMPLING DEVICE ID: SAMPLING FLOW -RATE (IF IN -PLACE PLUMBING): DEP A-reement No. 60029, Attachment J, Pale 2_5 of 91 ft gal 15C3'` 6 C3 Figure V -7. Continued. QA SAMPLES TAKEN ON SITE: WEATHER CONDITIONS: PERSONNELNISITORS ON SITE: WELL CONDITION: WELL TAG: ADDITIONAL COMMENTS: CHEMICAL STABILITY MONITORING # TIME pH TEMP SP. COND Eh DO COMMENTS 1 2 3 4 5 6 7 8 9 • Instrument calibrations will be recorded in the instrument calibration logs • Eh values above must be converted relative to the std. hydrogen electrode. DEP Agreement No. G0029, Attachment J. Page 26 of 91 C3 Florida Unique Well Identification (FLUWID) Several agencies regulate wells in Florida, among them the Department of Health (DOH), the Department of Environmental Protection (DEP), the Water Management Districts (WMDs), and the Department of Agriculture and Consumer Services (DACS). In addition, local governments and individual homeowners are interested in their wells. Each agency and program has their own way of identifying the wells that they regulate. Unfortunately, very little of the information in these databases can be shared due to an inability to cross - reference the different naming schemes. During June of 1995, a plan to facilitate well identification in Leon County was conceived and implemented through the "Model Approach to Well Head Protection" Pilot project in Leon County. With this plan, all of Leon County's wells were tagged with "Florida Unique Well Identification" tags, also referred to as FLUWID tags. The tags uniquely identify each well with a number that does not contain any imbedded information and does not link the well to any particular agency. The only modification to the existing databases that was necessary to incorporate this new tag ID, was the addition of a field into which the FLUWID number could be entered. The Tag and Information Sheet The tag number is in an alphanumeric format, XXX # ## (Figure V -8). Beginning with AAA0001 and ending with ZZZ9999, enough unique numbers exist to print tags for millions of wells. The tags are printed on durable, weatherproof mylar and replacement tags can be printed if needed. Four tags are printed for each well. Three tags are placed on various locations at the well site and the fourth tag is put on the ground water fieldsheet. Figure V -8. Florida Unique Well Identification (FLUWID) Tag FLORIDA AAA6653E µE�� �� IIIIlPIIIIIIII!INIIIfI GPS CALL LOCAL N TER MANAVEYERT DISTRICT FaA IIIFDAYATi:■ FLORIDA AAA6653E WELL �� IIIIIVIVIIV'IVVIIIIIVIB GPS CALL L ". CAL VATER A&mAdEwfkT GISTR IGT FCR INFORVAT ION FLORIDA UNIQUE WELL IG AAA6fi59 miiuiimniAlii� FLORIDA UN I OLIE WELL 10 AARm66y53 DEP Agreement No. G0029, Attachment J, Page 27 of 9[ 1603 Inquiries about a tagged well may be made by contacting the agency listed on the tag. For the Ambient Monitoring Networks the contact agency will be the Watershed Monitoring and Data Management Section. The tag will list the contact information as "For Information Call: Florida Department of Environmental Protection at (850) 921 - 9422 ". All inquiries will be routed to the appropriate Project Manager who will reply to the data request. Standard Procedures 1. Everyone who will be using GPS equipment must receive thorough instruction on the basic operating principles of GPS and correct use of GPS equipment and software. There are critical settings in the data logger, which need to be set correctly. Failure to do so will result in data that is of poor quality and its inclusion in a database will corrupt the database. 2. When using a GPS, make every effort to collect the position where the wellhead is located. Accurate measuring devices and compasses must be used if offsets are made. 3. Only DGPS or GPS units capable of collecting data that can be post processed shall be used. 4. Before tagging a well, check carefully to see if a Florida Unique Well ID tag has already been placed at that location. This will avoid double tagging a well with two different ID numbers, which defeats the purpose of having a unique ID assigned to each well. Three of the FLUWID tags with the same alphanumeric code, the two large tags and one small tag, should be placed at the well site in different, but highly visible, locations. One large tag should be placed on the well casing or on the pump base. The other large tag should be placed on the pump discharge line or well casing cover. One of the small tags should be placed on the electrical switch box, the building entrance (if only one well is located in that building), or on the pressure tank (if it is within 10 feet of the pump). The fourth tag (last small tag) with the same alphanumeric code should be placed on the ground water fieldsheet. 5. FLUWID tags are printed by FDEP and will be supplied by the staff in the WM &DMS with the ground water fieldsheets. Sampling of Wells with In -Place Plumbing Depth to Water Measurement In many instances, the measurement of depth to water may not be possible because of the in- place plumbing. If the in -place plumbing allows, the water level relative to a known measuring point may be measured using a graduated steel tape and chalk, or an electronic water -level sensor. The depth to water is measured twice to the nearest 0.1 feet; both values are recorded in the field log. DEP .Nueement No. 00029, Attachment J, Page 28 of 91 16C3 -A Purging the Well Before purging the well, consider where the water you are removing from the well will go. Check first for any nearby surface water bodies, and direct the purge hose away from these features. Also, try to direct the purge water away from the well head area. If you have reason to believe the well is severely contaminated, don't sample it until first discussing with your supervisor and FDEP staff. Generally, no special precautions apply to the treatment of purge water because the Status and Temporal Variability Networks monitor ambient ground water with no or low concentrations of contaminants. If sampling is to take place in an area of known contamination, special disposal methods may apply. The purge water will likely be disposed of on -site if the water will infiltrate the same zone from which it was withdrawn. Otherwise, at the direction of the FDEP Project Manager, arrangements will be made to transport the purge water to a sewer system or plant, if the contaminant concentrations are within their treatment specifications. Purge Volume The volume of water to be purged depends upon the following: depth and diameter of the well, whether pumps are running continuously or intermittently, how close to the source the sample can be collected, and the presence of any storage /pressure tanks between the sampling point and the pump. If a storage /pressure tank is present, an adequate amount of water must be purged to completely exchange the water of the tank and ensure that the sample collected is representative of the ground water. • If the pump is continuously running and the sample can be collected prior to a tank, the valve should simply be opened and allowed to flush at maximum velocity for at least 15 minutes. • If the pump is continuously running and a tank is located ahead of the sample location, the purge must include the entire storage tank volume. • If the pump is running intermittently, it is necessary to detennine, if possible, the volume to be purged, including storage /pressure tanks prior to the sampling point. The pump should then be run continuously at maximum velocity until the required volume has been purged. • If construction characteristics are not known for a well with an intermittently running pump, the pump should be run continuously for at least 15 minutes and until chemical stability is achieved. Temperature, pH, and conductivity readings are taken at regular intervals. These measurements, as well as dissolved oxygen, should be made in a flow- through chamber to minimize atmospheric contact with the sample. When two consecutive readings of these field analytes agree within the amounts given in Table V -1, then the well is chemically stable. Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. • The construction of the well and pump and the method for purging should be noted in the field log and custody sheet. DEP Agreement No. 00029. Attachinent J, Page _19 of 91 Table V -1. Chemical Stability TEMPERATURE 0.2 °C SPECIFIC CONDUCTANCE 5% or 5 µS /cm if <100 µS pH 0.1 s.u. Measuring Field Analytes Temperature, pH, specific conductance, and dissolved oxygen readings must be collected within a flow - through chamber to minimize atmospheric contact with the sample. They may be taken at regular time intervals during the final purging process if using the chemical stabilization purge method as stated previously. Final field measurements are collected at the appropriate time interval after an adequate amount of water has been purged. The measurement time intervals will vary with the volume of water to be purged and must be adequately spaced to yield results representative of the aquifer. Calibration of the meters used to collect these analytes was addressed in Section IV. Field measurements must be made according to instrument operating procedures and recorded on the ground water field log sheet. Sample Collection After purging and measuring field analytes, the following must be considered for collecting water samples: • The sample will be taken from the spigot closest to the well head and before any screens, aerators, and filters, etc. • If possible the sample should also be collected prior to any storage /pressure tank. • It should be noted in the field log and custody sheet if a sample is collected from a spigot located after a tank. • Water flow should be slow and laminar while filling sample containers. Sample containers are filled in a specific order to prevent degradation and contamination of samples. The sample collection sequence is shown on the back of the custody sheet (Figure V- 1) and follows here. 1. Arrange one (and only one) complete container set. 2. Inspect containers for flaws. Discard any that look suspicious. 3. Label each container with a barcode label, with the barcode vertical. 4. Write the date /time on the sample container label. 5. As an error check, have another member of the sampling team review the bottles for mislabeling. 6. Wear new unpowdered latex gloves. 7. Inspect containers for flaws. Discard any looking suspicious. 8. Fill the 125 ml plastic container marked W -TOC with unfiltered sample water, leaving some headspace, and cap. 9. Fill the 1 liter plastic container for physical analytes with unfiltered sample water leaving some headspace and cap. 10. Fill the Whirlpaks®R, using the following procedure: DEP Agreement No. G0029, Attachment J. Page 30 of 91 15C3'' a. Wear unpowdered, disposable latex gloves while handling the Whirlpaks ®. b. Tear the top off of the Whirlpak® where it is perforated. c. Hold the bag such that its mouth is in front of the hands and fingers. d. Fill the bag with sample water. e. Press out excess water from the bag such that the Whirlpako contains approximately 150 ml of sample (to fill line, leaving some airspace). f. Finally, seal the bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. 11. Filtered samples will be obtained by connecting a new 0.45 - micron filter unit to the spigot. The filter should be flushed with at least 250 ml of sample water prior to filling the sample containers. 12. Fill the 125 -m1 plastic container marked metals with filtered sample water, leaving some headspace, and cap. 13. Fill the 500 -m1 plastic container marked anions with filtered sample water leaving some headspace and cap. 14. Fill the 500 -m1 plastic container marked nutrients with filtered sample water, leaving some headspace, and cap. Sample Preservation Preservation of samples occurs after all samples have been collected, but within 15 minutes of collection. Acid Preservation The acid preservation sequence is designed to reduce cross - contamination. The acids will be provided in polypropylene vials by FDEP WM &DMS. One ml of concentrated American Chemical Society grade nitric or sulfuric acid will be in each 3.5 -m1 polypropylene vial. Organics and inorganic nutrients samples will be preserved first with sulfuric acid; then the metals sample is preserved with nitric acid. This order will eliminate the possibility of the nutrients becoming contaminated. After adding the acid, the pH values of the samples should be less than 2. This is confirmed by checking an aliquot of the sample with narrow range pH paper. Follow these procedures to preserve the TOC, nutrients, and metals samples with acid: 1. Wear unpowdered, disposable latex gloves and eye protection when handling acids. 2. First, preserve the total organic carbon and nutrients samples in the 125 and 500 -m1 bottles with sulfuric acid. 3. Unscrew the cap of the 500 -m1 nutrients bottle being careful that the cap is not dropped. 4. Unscrew the cap on one of the concentrated sulfuric acid vials, and discard this cap in an acid waste container. 5. Pour the 1 ml of acid into the nutrients bottle. 6. Discard the vial in an acid waste container. 7. Cap the sample bottle tightly and invert it to mix the acid with the sample. S. Confirm that the pH value of the sample is now less than 2 by the following. Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in DEP Agreement No. G0029. Attachment J. Page 31 of 91 C3 the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 9. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 10. Add more acid by following steps 4 through 9 if the pH is greater than 2 pH units until it is lowered adequately. Document this deviation from the typical preservation procedure on the field log and custody sheet. 11. Tightly cap both the nutrients bottle when the pH value is below 2 and set aside. 12. Follow steps 3 through 11 to also preserve the TOC sample with sulfuric acid. 13. Next preserve the metals sample with nitric acid. Note one must be careful not to contaminate the nutrients with this nitric acid preservative; thus, the nutrients bottle must be capped and out of the way of this process. 14. Unscrew the cap on the metals bottle being careful that the cap is not dropped 15. Unscrew the cap on one of the concentrated nitric acid vials, and discard this cap in an acid waste container. Note that the nitric acid is generally distinguishable from the sulfuric acid because it has a yellowish -brown color. 16. Pour the 1 ml of acid into the 125 -m1 metals bottle. 17. Discard the vial in an acid waste container. 18. Cap the sample bottle and invert it to mix the acid with the sample. 19. Confirm that the pH of the sample is now less than 2 pH units by the following. Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 20. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 21. Add more acid by following steps 15 through 20 if the pH value is greater than 2 until it is lowered adequately. Document this deviation from the typical preservation procedure on the field log and custody sheet. 22. Tightly cap the metals bottle when the pH is below 2 pH units and set aside. Storage and Disposal of Acid Preservatives Acid preservatives are carried in sealed vials and are not opened until the time of sampling. They should be stored away from direct sunlight. Used vials are placed into a sealed container and transported back to the sampling agency's lab. They should be diluted/neutralized to a pH between 5 and 9 s.u. The liquid can then be poured into a sanitary sewer system. The vials should be rinsed several times with tap water, and the water discarded down the drain. Then the container holding the vials should be sealed and placed in the trash. Preservation on Wet Ice All samples must be quickly bagged and placed on wet ice after collection and acid preservation according to the following procedures. While more than one complete sample may be placed in a single cooler, under no circumstances should samples be split up between one or more coolers. DEP Agreement No. 60029. Attachment J, Page 32 of 91 1603 1. Wear unpowdered, disposable latex gloves while handling sampling containers. 2. Separate the nutrients and total organic carbon sample from other samples by placing it into a zip top baggy. 3. Place the metals sample also into a separate baggy. Note these two steps are an extra precaution to prevent cross - contamination. 4. Place all microbiology samples into a separate zip top baggy to prevent losing them from leakage. 5. Put all samples from a single station into a mesh bag. 6. Then place the bag of samples into a cooler with wet ice in order to chill the samples to 4 °C. Sample Custody Sample custody is of critical importance to the objectives of the Status and Temporal Variability Monitoring Networks. Although the magnitude and scope of the Networks do not allow for legal chain -of- custody procedures, proper sample custody is a high priority. Data gathered will be incorporated into an existing statewide water quality database. This incoming data must be properly linked to historical data. The database is also a source of public information; therefore, every effort must be made to avoid the association of erroneous analytical results to well or surface water sites. An example of the front of a sample custody sheet for ground water sampling is illustrated in Figure V -9. On the back of the custody sheet, is a container inventory as illustrated in Figure V -l. The container inventory lists the analytes to be measured, the container type that will hold the water sample for a group of analytes, and the methods for preserving the water sample. Sample custody sheets are completed (in carbonless triplicate) by the sampler, one for each return cooler. The following information is included on the custody sheet: • sampling agency • project name • sampler names • station identifier (label as shown in Figure V -3) • date and time sample was collected • specific conductance of the sample water • pH of the sample water In addition, a bar -coded label containing the weekly project request number (Figure V -10) is placed in the upper right hand corner of each sample custody sheet used that week. This process enables custody to be verifiable from the field to the lab for each container and sample. If there is any modification to the sample container or of the way the sample is collected, it should be reported in the Comments section of the custody sheet. Mistakes on the sample custody sheet will be deleted by drawing a single line through the error. The two top copies of the custody sheet (white and yellow sheets) are placed in a sealed plastic bag and taped to the inside top of the FDEP cooler for shipment back to the Central Chemistry Lab with the samples. At the FDEP Chemistry Lab, information on the sample custody sheet is used to log in the samples. The other copy of the custody sheet (pink sheet) will be kept by the sampling agency and placed in the field logbook. DEP Atueement No. 60029, Attachment J. Page 33 of 91 03 Figure V -9. Example of the Front of the Custody Sheet for Ground Water Sampling V W E-� O a J Qr E•- � z c O ;'LO zoo ;T. Oov F � J 5W� R. W A A r.a O LL t� } U DEP Agreement No. G0029, Attachment J, Page 34 of 91 F- z z W U V TT V F Z y A y VJ �i d E 6 vi G z 3 W a E a s E a 7 a CA � O DEP Agreement No. G0029, Attachment J, Page 34 of 91 U V V y y VJ �i d E 6 vi � E G Vl c G e 7 E a s E a 7 a � O a 0 lu c E eEa n U G E a o n U R a H U G E E E cn V - u E n U W O v a L Z V z 'N z E c Z C °- N Z ° ° n e a Q ra z � c �. z :n 4 DEP Agreement No. G0029, Attachment J, Page 34 of 91 1�C3� Figure V -10. Example of Weekly Project Request Number Label IiIIIIIBINIIIIIIIIIIIIIIIIIGIIIIIIIIII�IUI 'I Ra_,agg_a,_,a_az Sampling of Wells without In -place Plumbing Df-nth to nremPnt The water depth relative to a known measuring point is measured using a graduated steel tape and chalk or an electronic water -level sensor. The depth to water is measured twice to the nearest 0.1 feet; both values are recorded in the field log. Purging the Well Before purging the well, consider where the water you are removing from the well will go (refer to Purging-the-Well under Sampling of Wells with In -Place Plumbing). EquinmPnt T 1cPrl to Perm- Wfllq • Wells may be purged with any of the following types of pumps: centrifugal, peristaltic, or submersible. Unpowdered latex disposable gloves should be worn when handling the pump. Fuel driven power sources for the pumps must be located away from the well head and downwind to minimize contamination. • Pump housing, tubing, and delivery hoses can be composed of inert material, teflon or stainless steel. Sampling may also be composed of non -inert material, polyethylene, polypropylene, or polyvinyl chloride, because no samples will be collected for trace organics. • All submersible pumps or purge delivery hoses will be equipped with a one -way flow check valve to prevent backflow of purged water into the well. mgir u Prn�PrlurP vl. A submersible pump or a purge hose connected to a centrifugal or peristaltic pump is lowered into the top of the standing water column so that purging removes the standing water first and then draws replacement water from the formation of interest. DEP Agreement No. G0029, Attachment J, Paae 35 of 91 160 2. If the well recovers at a faster rate than the pump rate and no observable draw down occurs, the pump should be raised until the intake is within one foot of the top of the water column for the duration of purging. 3. If the pump rate is greater than the recovery rate of the well, the pump will have to be lowered, as necessary, to accommodate the draw down. 4. The well is considered purged when one of the following criteria is met: a. Three standing water volumes are removed and field analytes subsequently stabilize. b. Five standing water volumes are removed. c. The well is purged dry once, allowed to recover, purged dry again, and allowed to recover sufficiently to collect field analyte measurements and fill all of the sample containers from a peristaltic or submersible pump. 5. The volume of water that needs to be removed from the well must be measured in order to determine that one of the above criteria is met and to avoid excess purging. One standing water volume in a well is calculated according to Table V -2. 6. Purge rate can be measured with a flow meter and, then, the necessary minimum purge volume divided by the purge rate for the length of time necessary for purging. 7. If a flow meter is not available, the flow rate can be estimated by measuring the time required to fill a container of known volume. The required purge volume is then divided by the estimated flow rate to find the estimated time necessary to purge the well. 8. If a flow meter is used, it should be calibrated periodically via the procedure given in step 7 above. 9. When the well is purged via the chemical stabilization method listed in step 4a above, purging is not considered complete until the well is determined to be chemically stable. Temperature, specific conductance, and pH are monitored and readings recorded at regular intervals until two consecutive measurements, taken after a minimum of three standing water volumes have been removed, agree within the amounts shown in Table V -1. Temperature may not be indicative of chemical stability when measured after using a centrifugal pump. This analyte may, therefore, be omitted in stability readings at the discretion of the sampler. The interval of measurement will be every half - standing water volume. Thus, the minimum amount of water purged should be no less than 3 standing water volumes. These measurements, as well as dissolved oxygen, should be made in a flow - through chamber to minimize atmospheric contact with the sample. Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. If more than 3.5 purge volumes are required to achieve chemical stability, the extra purge volume must be noted in the field log. When the well is stabilized, the final field measurements are recorded in the field log. 10. If samples will be collected using a different pump, the purge pump or hose must be slowly withdrawn from the well to remove the uppermost segment of water while still pumping. Once clear of the water, the pump and /or purge hose should be quickly retrieved to reduce backflow from the pump. DEP A- reement \o. 60029, Attachment J, Pate 36 of 91 L j Table V -2. Water Volume Computation. A single standing water volume, in gallons, is given by the following equation: ONE VOLUME _ (Dz) x (DW -DTW) x 0.041 where: D = casing diameter in inches DW = depth of well in feet DTW = depth to water in feet 0.041 = an approximation based on the conversion factor for cubic feet to gallons, inches to feet, and pi, etc. Measuring Field Analytes Temperature, pH, specific conductance, and dissolved oxygen readings must be made within a flow chamber to minimize atmospheric contact with the ground water. They may be taken at regular time intervals during the final purging process if using the chemical stabilization purge method as stated previously. The final field measurements are collected at the appropriate time interval after an adequate amount of water has been purged. If a well has been purged dry, the field analytes should be collected from the recovered volume of water. Calibration of the meters used to collect field analytes was addressed in Section IV. Field measurements must be taken according to instrument operating procedures and recorded on the ground water field log sheet. Sample Collection The following must be considered when collecting water samples: • Sampling should take place immediately after purging. • The maximum time between purging and sampling is six hours unless the well is purged dry. • If a well is purged completely dry, the time between purging and sampling should not exceed ten hours. • Sampling will be conducted with a submersible or peristaltic pump. A centrifugal pump can not be used. • The power source for a pump should be located away from the well and downwind to minimize contamination. • Because no trace organics are being collected; the pump housing, tubing, and delivery hoses can be composed of inert material, teflon or stainless steel, or non -inert material, polyethylene, polypropylene, or polyvinyl chloride. • A check valve should be present on the pump or delivery hose to prevent water from back - flushing into the well. • Also a flow - control valve must be present in order to control the flow rate of the sample. • When handling the pump, disposable unpowdered latex gloves should be worn. Also when handling the sample containers during the sample collection process, a clean pair of disposable unpowdered latex gloves must be worn. DEP Agreement No. 60029, Attachment J, Pa«e 3-17 of 91 16C3 The sample collection sequence is shown on the back of the custody sheet (Figure V -1) and follows here. 1. Wear new unpowdered latex gloves. 2. Arrange one (and only one) complete container set. 3. Inspect containers for flaws. Do not use any that look suspicious. 4. Place a barcode label vertical on each container. 5. As an error check, have another member of the sampling team review the bottles for mislabeling. 6. Write the date /time on the sample container label. 7. Rinse the sample containers, excluding Whirlpaks, with sample water prior to filling If a filtered sample will be collected, rinse containers with filtered water. 8. Fill the 125 -m1 plastic container marked W -TOC with unfiltered sample water, leaving some headspace, and cap. 9. Fill the 1 -liter plastic container for physical analytes with unfiltered sample water leaving some headspace and cap. 10. Fill the Whirlpako containers with unfiltered sample water. Press out any excess water from each bag such that a Whirlpako contains approximately 150 ml of sample (to fill line, leaving some headspace). Finally, seal each bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together.and close. 11. Filtered samples will be obtained by connecting a new 0.45 micron filter unit to the pump's tubing. The filter should be flushed with at least 250 ml of sample water prior to filling containers. 12. Fill the 125 -m1 plastic container marked metals with filtered sample water, leaving some headspace, and cap. 13. Fill the 500 -m1 plastic container marked anions with filtered sample water, leaving some headspace, and cap. 14. Fill the 500 -m1 plastic container marked nutrients with filtered sample water, leaving some headspace, and cap. 15. Preserve samples and verify the pH of the acidified samples as given in Sample Preservation under Sampling of Wells with In -Place Plumbing. 16. Fill out required paperwork as in stated in Sample Custody under Sampling of Wells with In -Place Plumbing. Sampling Springs Springs are considered to be part of the unconfined aquifer resource, and will be sampled for the ground water analytes shown in Tables II -1 and II -2. The sampling point of a spring should be the vent from which maximum flow occurs. The sample should be collected from as close to the spring vent as possible, using a peristaltic pump, submersible pump, or Van Dorn sampler. If a pump is used, it should be placed in the vent in such a manner that it does not draw sediments or plant material into the sample water. Filtration of the sample should be done using the filtration capsules supplied for ground water sampling. The filter should be flushed with at least 250 ml of DEP Agreement No. 60029. Attachment J. Page 38 of 91 16e3 sample water prior to filling the sample containers. Consideration must be given to filtering samples collected with the Van Dorn sampler. This can be accomplished either by attaching a hand pump and filter capsule directly to the Van Dorn sampler, or by using a peristaltic pump to draw the sample from the Van Dorn through the filter capsule and into the sample container. The sample water should be collected into the containers and preserved as previously stated. Sample Shipment Proper sample shipment is imperative in the collection of environmental monitoring data. Strict adherence to the following steps for sample shipment will help assure the collection of accurate environmental monitoring data. • Sample analysis for the FDEP WM &DMS is currently being done by the FDEP Central Laboratory in Tallahassee, so all samples will be returned to this lab. • Sampling supplies will be shipped from the FDEP Central Laboratory to the sampling agency via United Parcel Service (UPS) no later than two weeks prior to the project begin date. • Each FDEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. • Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by WM &DMS staff. • Preservatives will be provided by the FDEP WM &DMS in advance of sampling. • A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets contained in zip top baggies to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to filling it with ice. Also, if the cooler has a spigot, place tape over it to prevent it from opening during transit and spilling water. Likewise, the lid must be taped closed to prevent opening during shipment. • Samples must be shipped daily; however, there will be extraneous circumstances where sample shipment can not occur until the following day. In this case, WM &DMS staff should be notified and the samples shall be kept at 4 °C. Samples that are shipped daily also must be kept at 4 °C. • Sample shipment shall be done during Monday through Thursday. No sample - shipments shall be made on Fridays due to the fact that the Central lab would receive the samples on Saturdays. The Central lab does not accept samples on Weekends or Holidays. Federal Express (FedEx) will be utilized for shipment of samples to the FDEP Central Laboratory. The FDEP laboratory and /or WM &DMS staff will provide FedEx airbills to sampling agencies for use in shipping water quality samples to the FDEP Central Laboratory. These airbills will be pre- printed with DEP's FedEx account number, so that all shipping costs are directed back to FDEP. DEP Agreement No. G0029, ,Attachment J. Page 39 of 91 Ground Water GPS Procedures The Status Network will require extensive use of GPS equipment. This equipment will be used for navigation to randomly selected wells or springs and for collection of locational and field data. All participants of the Status Network should be using Trimble Pro XR's GPS equipment with differential correction. The decision to use this type of equipment was based on the institutional knowledge of Pro XR units and for consistency. All personnel using GPS equipment should be trained in the operation of such equipment and must strictly follow the FDEP Division of Water Resource Management's GPS Standards which can be found at the website, www.dep.state.fl.us. Training has been ongoing within the Division and will continue on as needed. Accuracy The Status Network incorporates the use of randomly selected coordinates for the identification of sample stations. The random coordinates or sites are selected as specified in the WM &DMS Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network. Due to map errors and scale differences the sites may not fall directly on the intended well or spring. In this case the nearest well or spring should be selected for sampling. Normally the distance should only be a few meters off and is not considered problematic since the Division GPS Standards recommend the National Map Accuracy Standard of 12.2 meters. Waynoints Navigation to sites will require the creation of waypoint files. These files will contain the site ID and the corresponding latitude, longitude, and HAE (Height Above Ellipsoid), which is used in the field to navigate to the sites. The HAE should be taken from the data logger near the area of the randomly selected sites. The HAE is obtained from the current position information menu on the data logger. It is not critical that the HAE be exact, but it will help the accuracy of navigation to have it as close as possible. The waypoint file can be created in the office using Pathfinder Office"' Software or in the field directly on the data logger. The creation of waypoint files is addressed in the Division of Water Resource Management's GPS Basics Manual, which can be obtained from WM &DMS staff. Navigation and Date Collection Navigating to randomly selected ground water sites can present many problems. GPS signals are line -of -sight microwave signals that are easily blocked by any mass, including well houses. To correct, navigate as close as possible to the random point and then read the distance -to -go and bearing to find the location of the resource. The reverse process (called an offset) may be needed to collect the locations of some sites after sampling. DEP As;reement No. 00029, Attachment J, Page 40 of 91 When collecting the location of a well it is important to make sure the GPS antenna is placed as close to the center of the wellhead as possible. If the well is located within a building or if the resource is a spring, an offset will be needed. Offsets are taken by measuring a distance and bearing from some point (Point B) away from the intended point (Point A "the well or spring ") and applying those measurements to correct back to the intended point (Point B + distance & bearing = Point A). Always remember, "The GPS knows where it is, tell it where you want it to be" and use a compass and tape measure for accuracy. The offset should be saved and the locational data collected. Once the locational data is captured, the data dictionary questions should be completed and then the file saved. There should only be one saved file per site. Offsets and navigation can be complex and are covered in the GPS Basics Manual. With practice a sampler should become quite proficient. File Nomenclature Once at the site, water levels, field measurements, and water quality samples will be collected and recorded onto field sheets before the GPS data is collected. The site location will be collected into the data logger after the lab samples have been collected and micro land use sheets completed. The GPS data file (.ssf file) shall be named similarly to the unique resource code. For example, the Northwest Florida Water Management District un- confined well number 26 in the A reporting unit of the first year cycle is NWA -UA -1026. The data logger file will be NWAUA026. The hyphens and the number one (1) in the number sequence are dropped to accommodate the eight -digit file name size in the data logger. There will only be one site per file. Data Dictionary The Status Network will also incorporate the use of a standard data dictionary (A Trimble electronic form) residing in the data logger memory. The data dictionary will contain all of the questions that are found on the field sheets. After the locational data has been collected you should pause the unit and then proceed to answer the questions in the data dictionary by following the field sheets. It is extremely important to collect the location in the data logger first and then pause the unit until all of the data dictionary questions have been answered. Once the data dictionary questions have been answered the "OK" key should be pressed to save the file. Many fields in the data dictionary require input and are restricted to certain constraints. For example, the pH range that is allowed to be entered into the data logger is between 0 and 14. The default is set to 0. A value of 0 in the data will signify that a problem had occurred and no data was collected for that analyte at that site. These constraints and defaults are also in other + fields throughout the data dictionary. DEP A,reement No. G0029. Attachment J, Pace 41 of 91 1603 Section VI. Quality Control Samples- Ground Water Quality control (QC) samples assess the accuracy and precision of sampling and analytical techniques. For ground water sampling in both the Status and Temporal Variability Networks, the QC samples consist of equipment blanks, field blanks, duplicate samples, and field reference samples. In addition, some agencies will submit analytical reference samples as part of the Ground Water TV Network. Equipment and Field Blanks Ideally, equipment blanks are samples of analyte -free water. Analyte -free water is defined as water having concentrations of the target analytes that are below detection. The same sampling and analytical methods used for actual samples will also be used for equipment blank samples. The following lists some of the problems that occur with these blanks: • The analyte -free water may contain detectable amounts of target compounds. • Sample collection equipment may be unclean. • Sample containers may be unclean. • Sample preservatives may be impure. Equipment blanks will be taken on precleaned and /or field cleaned equipment. Precleaned equipment refers to equipment that has been cleaned in -house prior to sampling. The total number of blanks that will be taken during a sampling project is dependent upon how many actual samples will be collected. Approximately one blank is taken for every five actual samples. The type of blank that will be collected depends upon how many precleaned sampling equipment sets will be used and how frequent the equipment will have to be decontaminated in the field. If field cleaning is performed during a project, then field cleaned equipment blanks are taken. Otherwise, if all the equipment that is used during a project is precleaned, precleaned blanks are obtained. Both types of blanks are prepared in the field prior to using the equipment to collect a sample. It should be noted on the field log sheet what type of blank is being collected at a site. Analyte- free water is ran through all of the sampling equipment and collected into sample containers. Since ground water samples are being collected directly from submersible and peristaltic pumps, the analyte -free water must be circulated through the pumps then captured into containers. A dedicated equipment blank container and a large volume of analyte -free water are needed. Follow these procedures for collecting a blank: 1. Fill a large clean high- density polyethylene container with analyte -free water and transport it into the field. DEP Aereement Rio. G0029. Attachment J, Page 42 of 9 l 16C3 1 Follow the procedures listed in Section IX if the pump is cleaned in the field before collecting the equipment blank. If the blank is taken on precleaned equipment, the equipment should have been cleaned in the laboratory according to the appropriate procedures in Section IX prior to bringing it in the field. I Place the pump into the equipment blank container filled with analyte -free water. 4. Pump 5 volumes of water through the equipment. A volume will depend upon the capacity of the pump and attached tubing. 5. Rinse the sample containers out with the analyte -free water. 6. Then collect the equipment blank sample as if an actual sample. 7. Use the same filtration and preservation methods as with an actual sample. Equipment blank labels are provided to sampling agencies by FDEP WM &DMS staff (Figure VI -1). These labels should be placed vertically on the sample containers. They are also placed on the custody sheet and field log sheet when equipment blank samples are collected. Equipment blank samples are shipped to the FDEP Central Laboratory with regular samples collected for that day (refer to Section V for further information on sample custody and shipment). Figure VI -1. Example of Equipment Blank Label EQUIPMENT BLANK Field blanks must be taken in cases where the only sampling equipment is the sample container, such as with wells with in -place plumbing. They should also be collected if analytes are detected at high levels in equipment blanks. A field blank consists of filling on -site the suite of sample containers with analyte -free water, preserving as with actual samples, sealing the containers, documenting it as a quality assurance sample /field blank, and shipping it to the laboratory as is done with actual field samples. The analyte -free water is not run through the sampling equipment. The custody sheet and field log should indicate that a field blank sample was collected. This procedure is an aid in determining if the equipment blank contamination is a result of tainted acid preservatives or impure analyte -free water instead of unclean sampling equipment. DEP A`reement No. G0029, Attachment J, Pale 43 of 91 E� Duplicate Samples (Optional) Duplicate samples are collected to measure the variability inherent in the sampling process. A duplicate sample is obtained at a site by duplicating, in rapid succession, the entire sample acquisition procedure that was used to obtain the first sample. It is collected and analyzed for the same analytes as the associated sample. These sequential samples will have different sample times. For ground water duplicates, one kit of containers will be filled with sample water from the pump and preserved appropriately. Then a second kit will be filled from the pump and preserved. Duplicate labels will be provided by the FDEP WM &DMS (Figure VI -2). The labels will be placed vertically on the sample containers. A label will also be put on the field log sheet and custody sheet. The original sample and the duplicate sample must be listed separately on the custody sheet. It is not necessary to collect a second set of field measurements; thus, the same field analyte values can be used for both the original and duplicate samples. Figure VI -2. Example of Duplicate Label INI�I�II�IININII�9YAI Field Reference Samples Reference samples for pH and specific conductance are prepared by the USGS WRD in Ocala, Florida. The USGS determines the most probable (mean) value and standard deviation for each sample. These statistics are then used to evaluate Feld measurement performance. Reference samples are distributed to each sampling agency by the USGS. The procedures to follow in order to obtain these samples are addressed in Section III. The reference samples are analyzed at a minimum rate of one for every five to ten actual samples. The values of the samples are determined while out in the field after calibrating the instruments. The resulting measurements are reported to FDEP WM &DMS staff, along with the name of the analyst, name of sample site, date of sampling, make and model of instrument, and sample identification number. This information is recorded on a Field Reference Sample Reporting Form (Figure VI -3) and immediately submitted to the WM &DMS Project Manager or QA Officer by fax, telephone, or electronic mail. Results are evaluated quickly. They are given a satisfactory, marginal, or unsatisfactory rating. In case of unsatisfactory or marginal performance, a follow -up reference sample is analyzed. Typical reasons for poor performance on field reference samples are dirty probes, low batteries, contaminated standards, faulty meters, and occasionally analyst error. DEP Agreement No. G0029. Attachment I, Page 44 of 91 16C3' Analvtical Reference Samples USGS laboratories in Denver and Ocala prepare lab reference samples for the Ambient Monitoring Network. Multiple -lab analysis is performed to obtain mean values and standard deviations for selected constituents. The samples are then submitted "blind" to the analytical laboratories monthly. The measured values are then compared to the most - probable values. Results are then reviewed with the laboratory to determine if lab accuracy is within control limits. Each month, S analytical reference samples will be submitted to the FDEP Central Laboratory by a subset of sampling agencies, in conjunction with the Ground Water TV Network. Specific instructions for submitting analytical reference samples will be provided to the appropriate agencies by the WM &DMS. Figure VI -3. Example of Field Reference Sample Reporting Form FIELD QUALITY CONTROL REFERENCE SAMPLE RESULTS AGENCY: ANALYST: DATE OF ANALYSIS: PROJECT: pH SAMPLE ID: INSTRUMENT ID (make, model, and Id #): MEASURED VALUE: COMMENTS: CONDUCTANCE SAMPLE ID: INSTRUMENT ID (make, model, and Id #): MEASURED VALUE: COMMENTS: DEP Agreement No. G0029, Attachment 1, Page 45 of 91 Section VII. Surface Water Sampling Protocols 1r3. At all surface water sites being monitored for the Temporal Variability and Status Networks, field analytes will be measured then a water sample will be taken. A representative sample of the surface water of interest should be obtained when collecting the water at a site. Samples should be obtained in an approved and reproducible manner. Prior to going into the field, maps and previous field logs are used to determine the number of sites to be sampled and the order in which they will be sampled. Supplies and equipment should be inventoried before each sampling trip as discussed in Section III. An example of an inventory list of equipment and supplies that will be taken in the field for surface water sampling is shown in Figure VII -l. Clean or new equipment must be used at each sample site. Proper cleaning procedures are described in Section IX. Sampling Locations Surface Water Temporal Variability Network For surface water Temporal Variability sites, a reference station that is a permanent landmark, such as a bridge or gage, should have been previously located near the actual sampling point using differentially - corrected Global Positioning System (DGPS). Physical site data should have been documented to ensure that the sampler returns to the same place every month to collect field measurements and a water sample. Surface Water Status Network Information on Status sites should have been obtained prior to sampling through reconnaissance procedures. Upon reaching the site, the following presents the location within the waterbody at which sampling occurs for the various resource types in the Status Network. For low order streams, high order streams, and canals, the field measurements and water sample should be collected in the middle of the waterbody nearest the random location (randomized latitude /longitude) as shown in FigureVII -2. The middle is determined from water edge to water edge. Even if the random location falls within the waterbody closer to a bank, the measurements and sample should be taken in the middle. If a sandbar is present in the middle of the waterbody, then go to the nearest point that can be sampled. This may be the middle of the channel nearest the random point (Figure VII -3). Otherwise, the samplers may have to go to the middle of the waters upstream or downstream from the random point in order to collect measurements and the water sample. The maximum distance from the random point at which a sample point can be located is 50 m upstream or 50 m downstream. The minimum sample depth is 10 cm. If the sample point falls in an area where water is pooled rather than flowing, the measurements and water sample should still be collected from this area. DEP Agreement No. G0029, Attachment J, Page 46 of 91 16 C3 Figure VII -1. Example of Surface Water Sampling Equipment and Supplies Inventory List SURFACE WATER SAMPLING CHECKLIST Sampling Equipment _ Sampling Truck (cleaned as necessary before sample event) — Boat (life jackets, paddles, safety flares) — Laptop computer (for Hydrolab operation) _ Waders, boats, rain gear — Hydrolab multimeter (field parameters and profiling) _ Wildco beta bottle (non wadeable streams) Secchi disk 50ft. fiberglass tape — Digital camera GPS unit Sampling Supplies — Hydrolab meter standards and buffers — Field sheets, submittal forms, bottle labels, ball point pens, sharpie pens and pencils _ TV notebook with station info. & maps — Two - 48quart ice chest one for samples and one for ice — Preservatives: H2SO4, HNO3 and ice _ pH strips — Protective eyewear — Non - powdered latex gloves (XL size) _ 30ml BD syringes & disposable 0.45 um filters (ortho -PO4) — Ziploc bags for samples (sandwich - Whirlpacks®, gal. size — chemistry samples) — Laboratory supplied sample bottles — Three plastic squirt bottles for cleaning (DI, Liquinox and HCl) _ Two -5gal. Neaprene jugs with DI (one for equipment blanks and one for cleaning) _ Strapping tape and cooler liners for sample shipping Other Equipment or Supplies DEP Agreement No. G0039, Attachment J. Page 47 of 91 16C3 Figure VII -2. Location for Collecting Samples in Low and High Order Streams Plus Canals Random location Middle of the stream where field measurements and sample collected Figure VII -3. Location for Collecting Samples in Streams and Canals if a Sandbar Is Present Random location Middle of the channel where field measurements and sample collected rancTnm lnratinn (ranrinmi7f-d latitnriP and lnn itnrlPl c illnctratP ' ' Figure VTT 4 If the random location falls outside the water, then go to nearest point that can be sampled. The minimum sample depth is 10 cm. Figure VII -4. Location for Collecting Samples in Large Lakes Random sample location where measurements an sample taken DEP Agreement No. G0039. Attachment J. Page 48 of 91 1603 Fnr --,mail lake---,, tht- ffi-ld mf-sqilrpment-, nnd water sample _chnn]cj he rollorted in thf, centrnid c) meet central »Hint of the 1nkP nParPCt the randnm lnention (rindnmi7P1j latitude and lnnoitiic e) gg shnwn in FiaurP VTT -5 Samplers will have to estimate the centroid. If a sandbar is present in the area, then go to the nearest point that can be sampled. The minimum sample depth is 10 cm. Figure VII -5. Location for Collecting Samples in Small Lakes Centroid of the lake where measurements and sample taken Random sample location a chnll he the Qnverniina rritPrinn nf, ;, mpjeahili Generally, accessibility was determined during site - reconnaissance. A site may change between the reconnaissance and sampling period, however. The site is deemed accessible and, therefore, able to be sampled if it can be reached by conventional means, such as boat, airboat, and wading, etc. At the time of sampling, the closest area relatively free from vegetation shall be the actual sampling point. This area should be at least 0.5 meter square, and allow for immersion of the sampling device in such a manner that does not cause excessive agitation of sediment or surrounding vegetation. Minimum water depth is 10 cm. Field Measurements nr in eler•tronir- mPnciirina rjP sir t- If an electronic measuring device is used, the manufacturer's instructions should be followed; and at least two readings should be taken to ensure accuracy. The two readings are then averaged for the final total depth. If the total depth is less than 1.5 m, field measurements will be taken at 0.5 m from the surface or at mid -depth whichever is shallower. However, if the total depth is equal to or exceeds 1.5 m, readings will be taken at 0.5 m from the surface and 0.5 m from the bottom. The total depth, field measurement depth, and field measurement values should be recorded on the field log sheet. DEP Agreement No. GQ029. Attachment J. Pave 49 of 91 At all surface water sampling sites, field measurements will be made for the following analytes• • pH • dissolved oxygen • specific conductance • temperature • secchi depth (transparency) Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. Secchi depth is determined with a circular disk that is 20 cm in diameter, has alternating black and white quadrants on the upper surface, and has a weight on the lower surface. This is the depth that a person can see into the water, that is the transparency of the water. The following is the procedure for using the secchi disk: 1. Remove sunglasses. 2. Lower the secchi disk into shaded water using graduated line (line is marked in 0.1 -m increments). 3. Record the depth at which the disk disappears to the 0.1 m. 4. Lower the disk slightly farther. 5. Raise the disk until it reappears, and record this reappearance depth to the 0.1 m. 6. Average these two depths for the secchi depth. 7. Or, if the disk is visible to the bottom of the water, note such. 8. Record any factors that might have affected the accuracy of this measurement, such as choppy water, in the comments section of the field log sheet. Also, at surface water sites in the Temporal Variability and Status Networks, stage height will be recorded if it is available. This measurement can be obtained from staff gages, continuous recording gages, wire weight gages, tape down measurements, or any existing USGS gaging stations located in close proximity to the sampling sites. Sample Collection Anal es For Temporal Variability monitoring of both streams and lakes and Status monitoring of streams,._ samples will be collected for the following analyte groups: • biology- chlorophyll -A • organics- total organic carbon • inorganics- inorganic anions (chloride, sulfate, and fluoride), nutrients (nitrate- nitrite, ammonia, kjeldahl nitrogen, total phosphorus, and orthophosphate), and alkalinity • physical properties- turbidity, specific conductance, color, total suspended solids, and total dissolved solids • metals- calcium, magnesium, sodium, and potassium, and • microbiology- fecal coliform and enterococci DEP Aueement \o. G0029, Attachment J, Pate 50 of 91 1603 For Status monitoring of lakes, samples will be collected for the following analyze groups: • biology- chlorophyll -A, phytoplankton taxonomy, and algal growth potential • organics- total organic carbon • inorganics- inorganic anions (chloride, sulfate, and fluoride), nutrients (nitrate- nitrite, ammonia, kjeldahl nitrogen, total phosphorus, and orthophosphate), and alkalinity • physical properties- turbidity, specific conductance, color, total suspended solids, and total dissolved solids • metals- calcium, magnesium, sodium, and potassium • microbiology- total and fecal coliform, enterococci, and E. coli All samples will be collected unfiltered except for orthophosphate and specific conductance. For these samples, sample water will be placed into a syringe and ran through a 0.45 - micron filter attached to the syringe. This filtered water is then captured into a sample container. The FDEP WM &DMS will provide both syringes and filters for filtering these samples. Unfiltered samples will be collected before the filtered sample. The following is the order in which sample water will be collected for particular analytes: 1. biology 2. organics + inorganic nutrients excluding orthophosphate 3. physical properties + inorganic anions + alkalinity 4. metals 5. microbiology 6. inorganic nutrients- orthophosphate + specific conductance Sample Containers Sample water will be collected into polyethylene plastic bottles or Whirlpaks® that are provided in pre- cleaned condition by FDEP's Central Chemistry and Biology Laboratory. Table VII -1 lists specific containers for analytes in the order that they should be filled. Only one container should be filled with sample water for the analyte group listed with the exception of bacteria, which requires that two Whirlpakso be filled. Prior to labeling and filling, all containers should be inspected for flaws. If a flaw is apparent on a container, that container should be discarded. Labeling Sample Containers In the field, all the containers for a single sample site are labeled prior to filling. At any one sample location, only one set of containers will be out and labeled. Station identification labels are provided to the sampling agencies by the WNl &DMS (Figure VII -6). These labels are barcoded to uniquely identify a sample station. Several labels are provided for each sampling site. A label will be placed vertically on each sample container for a site. The Central Laboratory places two types of labels on the sample bottles prior to shipping. One identifies the weekly sampling project request number and the sample analytes for that container (Figure VII- I). The other provides the production container numbers for a specific sample bottle (Figure VII -8). Samplers should write the time and date at which a station is sampled on the laboratory project and sample identification label of each container. Clean unpowdered latex gloves should be worn while handling these containers. DEP Agreement No. G0029, Attachment !, Page 51 of 91 ' ' 15C3 Table VII -1. Containers for Surface Water Sampling ANALYTE I CONTAINER LABEL I CONTAINER TYPE Chlorophyll Chlorophyll 1 liter opaque plastic bottle Phytoplankton taxonomy Phytoplankton 1 liter opaque plastic bottle Algal Growth Potential AGP 500 ml plastic bottle Total Organic Carbon Nutrient 500 ml plastic bottle Nitrate + Nitrite Total Kjeldahl Nitrogen Phosphorus Chloride Anion 1 liter plastic bottle Sulfate Fluoride Alkalinity Color Turbidity Total Dissolved Solids Total Suspended Solids Calcium W -ICP 500 ml plastic bottle Potassium Metals Sodium Magnesium Fecal Coliform Bacteria Whirlpacks 4 oz E. coli Orthophosphate W -PO4 -F 125 ml plastic bottle Specific Conductance W- COND -F ilnw n,. 11 on +-A 1,.1.`... C__ al_ n. - - - -� - - - - - -- --L L1%, I a Ua 1v1UL111V11118 1V GLWUIK. Figure VII -6. Example of Station Identification Label �1111111II III Idl I!I911IIP�II �I AERQJEi caxk ? IS. 11 9 $18 ST. DPP Agreement to. 60029, Attachment 1, Page 52 of 91 Figure VII -7. Example of Laboratory Project and Sample Identification Label RQ- 1999- 01 -1$ -17 ICE -FLTR W -PO4 -F Figure VII -S. Example of Laboratory Production and Container Numbers Label Illlilllllllllllllllllllllllllllill !1111 111111111111111111111111111111 llllllll CONTAIMERs 000372 Sampling Precautions Samples should be collected from downstream to upstream at a stream or river site. Water is grabbed upstream from the body. When sampling from a fuel powered boat, the samples should be collected upstream from the boat. At all sites, samples should be taken at the farthest, reasonable point from the fuel source and engine if sampling from a boat. If wading in to collect samples, the sediments should not be disturbed. DEP A-reement `o. 60029, Attachment J, Page 53 of 91 F� Sample Collection Depth When total water depth is equal to or less than one meter, samples will be collected directly into the sample containers at mid - depth. When the water depth is greater than one meter, a Van Dorn horizontal sampling device (Alpha or Beta bottle) will be used to collect water at 0.5 m from the surface. This device can be composed of clear acrylic or polyvinyl chloride. Because no trace organics will be sampled, equipment composed of these non -inert materials can be used to collect surface water samples. The depth at which the sample is collected should be recorded on the field log sheet. Sample Collection When Total Water Depth Is One Meter or Less When total water depth is equal to or less than one meter, unfiltered samples are collected directly into the sample containers at mid - depth. To collect a sample into a bottle, follow these procedures: 1. Wear unpowdered, disposable latex gloves while handling the containers during the collection process. 2. Submerse the bottle neck first into the water to the appropriate depth. 3. Invert the bottle such that its neck is upright pointing into the water flow if any. 4. Bring bottle to the surface. 5. Shake and rinse the interior surface with sample water. 6. Then pour water downstream or away from the sample location. 7. Repeat steps 2 through 4. 8. Collect the chlorophyll sample in the 1 -liter opaque plastic bottle quickly to avoid degradation by light. Leave some headspace. If sampling for the Status Network in lakes, collect all three of the biology samples quickly to avoid degradation by light. 9. Allow some space in the metals and nutrients containers for acid preservatives by pouring out a small amount, approximately 5 ml, of the sample water away from the sample location; all other bottles leave some headspace. 10. Finally, cap each bottle tightly. To collect a sample into a Whirlpak®, do the following: 1. Wear unpowdered, disposable latex gloves while handling the Whirlpaks°. 2. Tear the top off of the Whirlpak® where it is perforated. 3. Hold the bag such that its mouth is in front of the hands and fingers. 4. Immerse the bag while it is still closed. 5. Then open the bag gently into the current if there is any. 6. Bring a full bag to the surface to avoid collecting surface film. 7. Press out excess water from the bag such that the Whirlpak° contains approximately 150 ml of sample. 8. Finally, seal the bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. To obtain the filtered orthophosphate sample, follow these procedures: 1. Leave the capon the tip and remove the plunger from anew 30 or 60 ml disposable syringe. DEP Agreement No. G0029, Attachment J, Page 54 of 91 t Cam'' 2. Lower the syringe into the water to the appropriate depth and invert it such that the opening is pointing into the water flow if any. 3. Bring syringe to surface. 4. With the syringe pointed downstream or away from sample site, remove cap on tip and slowly insert plunger pushing sample water out of the syringe. 5. Remove plunger and replace cap on syringe tip. 6. Repeat steps 2 and 3. 7. Remove cap on tip and attach a new 0.45- micron disk filter to the syringe. 8. Carefully insert the plunger without flushing all of the water through the syringe. 9. Flush the filter with approximately 5 to 10 ml of the sample water, disposing of this water away from the sample site. 10. Then filter a small amount, 10 to 20 ml, of the water into the 125 -m1 W -PO4 -F (orthophosphate) bottle, and rinse the bottle and bottle cap with the filtered water. 11. Dispose of this water away from the sample site. 12. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle. Make sure no unfiltered water, such as water dripping on the outside of the syringe, gets into the bottle. 13. After emptying the syringe, disconnect the filter, remove the plunger, and replace the cap for the syringe tip. 14. Lower the syringe into the water to the appropriate depth and invert it such that the opening is pointing into the water flow if any. 15. Bring syringe to surface. 16. Quickly remove cap on tip and re- attach the 0.45- micron disk filter to the syringe. 17. Slowly reinsert the plunger and push filtered sample water into the 125 -m1 bottle, ensuring that no unfiltered water drips into the bottle. 18. Repeat steps 13 through 17 until the 125 -m1 bottle is filled with a minimum of 100 ml of the filtered water leaving some headspace. 19. Cap the sample bottle tightly. 20. Discard the syringe and filter when done. Sample Collection When Total Water Depth Is Greater Than One Meter When the water depth is greater than one meter, a Van Dom horizontal sampling device (Alpha or Beta bottle) will be used to collect water at 0.5 m from the surface. To accurately measure the sample depth, the line attached to the sampling device should be marked in increments. Following are the procedures to use when collecting unfiltered samples with the Van Dorn bottle: 1. Wear unpowdered, disposable latex gloves when handling the sampling device or - sample containers during the collection process. 2. Lower the Van Dorn slowly to the appropriate depth without disturbing the sediments. 3. Rinse it with the sample water. 4. Then collect the sample into the bottle by sending the messenger down to close the ends. 5. Retrieve the device slowly. 6. For unfiltered samples, pour the water directly from the Van Dorn bottle into the sample containers using the spigot /stopcock to control the flow. DEP Agreement No. 00029, Attachment J. Page ii of 91 16C3' 7. Rinse the sample bottles with approximately 10 to 20 ml of sample water prior to filling; do not rinse the Whirlpaks ®. 8. Collect the chlorophyll sample in the 1 -liter opaque plastic bottle quickly to avoid degradation by light, leaving some headspace. If sampling for the Status Network in lakes, collect all three of the biology samples quickly to avoid degradation by light. 9. Leave some space for the acid preservatives in the metals and nutrients bottles, and fill all other bottles leaving some headspace. 10. Cap each bottle tightly. 11. Fill the Whirlpako to the top with sample water; then press out the excess water from the bag such that it contains approximately 150 ml of sample, to fill line leaving some headspace. 12. Seal each Whirlpake tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. If using only a 2.2 or 3.2 liter Van Dorn bottle, multiple grabs will have to be taken to fill all the sample containers. In this case, follow these procerdures: 1. Take one grab following the steps 1 through 5 as previously listed. 2. Fill the chlorophyll container, using the spigot/stopcock to control the flow, with approximately 10 to 20 ml of sample water to rinse it. 3. Discard the rinse water away from the sample site. 4. Next fill the chlorophyll container with 1 liter of sample water leaving some headspace. 5. If collecting samples at a lake site for the Status Network, fill the 1 L phytoplankton taxonomy container after rinsing. 6. Discard the remaining water in the Van Dorn bottle away from the sample site. 7. If collecting water from a lake site in the Status Network, take a second grab with the Van Dorn and fill the AGP container after rinsing it. 8. Discard any remaining water away from the sample site. 9. Then take another grab with the Van Dorn and rinse and fill the remaining containers, leaving some headspace. To collect the filtered orthophosphate sample, follow these procedures: 1. Pour approximately 10 to 20 ml of sample water from the Van Dorn bottle into a new 30 or 60 ml syringe after removing the syringe plunger. 2. Rinse the syringe and syringe plunger with this water; then dispose of the water away from the sample site. 3. Remove the syringe plunger. 4. Attach a new 0.45 micron disk filter to the syringe. 5. Fill the syringe with water from the Van Dorn bottle. 6. Carefully insert the plunger without flushing all of the water through the syringe. 7. Flush the filter with approximately 5 to 10 ml of the sample water. 8. Then filter a small amount, 10 to 20 ml, of the water into the 125 -m1 W -1`04 -F (orthophosphate) bottle, and rinse the bottle with the filtered water. 9. Dispose of this water away from the sample site. DEP Agreement No. (;0029, Attachment J, Page 56 of 91 C3 10. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle. Make same no unfiltered water, such as water dripping on the outside of the syringe, gets into the bottle. 11. After emptying the syringe, disconnect the filter, and pull out the syringe plunger. 12. Replace the filter on the syringe, and fill the syringe again with sample water from the Van Dorn bottle. 13. Reinsert the plunger and attach the filter. 14. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle, making sure no unfiltered water drips into the bottle. 15. Repeat steps 11 through 14 until the 125 -m1 bottle is filled with at least 100 ml of the filtered water, leaving some headspace. 16. Discard the syringe and filter when done. Sample Preservation Preservation of samples occurs after all samples have been collected, but within 15 minutes of collection. The preservation of phytoplankton taxonomy samples with Lugol's solution is the only exception. Lugol's Solution Preservation The phytoplankton taxonomy samples that are collected at lake sites in the Status Network must be preserved with Lugol's solution. The FDEP Biology Section will preserve these samples upon receipt at the laboratory. Acid Preservation The acid preservation sequence is designed to reduce cross - contamination. The acids will be provided in polypropylene vials by FDEP WM &DMS. One ml of concentrated American Chemical Society grade nitric or sulfuric acid will be in each 3.5 ml polypropylene vial. Organics and inorganic nutrients samples will be preserved first with sulfuric acid; then the metals sample is preserved with nitric acid. This order will eliminate the possibility of the nutrients becoming contaminated. After adding the acid, the pH of the samples should be less than 2. This is confirmed by checking an aliquot of the sample with narrow range pH paper. Follow these procedures to preserve the nutrients and metals samples with acid: 1. Wear unpowdered, disposable latex gloves and eye protection when handling acids. 2. First, preserve the total organic carbon and nutrients sample in the 500 -ml bottle with sulfuric acid. 3. Unscrew the cap on this bottle being careful not to drop the cap. 4. Unscrew the cap on one of the concentrated sulfuric acid vials, and discard this cap in an acid waste container. 5. Pour the 1 ml of acid into the 500 -m1 nutrient bottle. 6. Discard the vial in an acid waste container. 7. Cap the sample bottle tightly and invert it to mix the acid with the sample DEP Agreement No. G0029, Attachment J, Page 57 of 91 kr 8. Confirm that the pH of the sample is now less than 2 by the following steps: Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 9. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 10. Add more acid by following steps 4 through 9 if the pH is greater than 2, until the pH is lowered adequately. Document this deviation in typical preservation procedure on the field log and custody sheet. 11. Tightly cap the nutrients bottle when the pH is below 2 and set aside. 12. Next preserve the metals sample with nitric acid. Note one must be careful not to contaminate the nutrients with this nitric acid preservative; thus, the nutrients bottle must be capped and out of the way of this process. 13. Unscrew the cap on the metals bottle being careful not to drop the cap. 14. Unscrew the cap on one of the concentrated nitric acid vials, and discard this cap in an acid waste container. Note that the nitric acid is generally distinguishable from the sulfuric acid because it has a yellowish -brown color. 15. Pour the 1 ml of acid into the 500 -m1 metals bottle. 16. Discard the vial in an acid waste container. 17. Cap the sample bottle and invert it to mix the acid with the sample. 18. Confirm that the pH of the sample is now less than 2 by the following steps: Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pHpaper should not be directly placed into the sample bottle. 19. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 20. Add more acid by following steps 14 through 19 if the pH is greater than 2, until the pH is lowered adequately. Document this deviation in typical preservation procedure on the field log and custody sheet. 21. Tightly cap the metals bottle when the pH is below 2 and set aside. Storaae and Disposal of Acid Preservatives Acid preservatives are carried in sealed vials and are not opened until the time of sampling. They should be stored away from direct sunlight. Used vials are placed into a sealed container and transported back to the sampling agency's lab. They should be diluted/neutralized to a pH between 5 and 9. The liquid can then be poured down a sanitary sewer system. The vials should be rinsed several times with tap water, and the water discarded down the drain. Then the container holding the vials should be sealed and placed in the trash. Preservation on Wet Ice All samples must be quickly bagged and placed on wet ice after collection and acid preservation according to the following procedures: DEP Agreement No. 00029, Attachment J, Page 58 of 91 16C3 1. Wear unpowdered, disposable latex gloves while handling sampling containers. 2. Separate the nutrients and total organic carbon sample from other samples by placing it into a zip top baggy. 3. Also place the metals sample into a separate baggy. Note these two steps are an extra precaution to prevent cross - contamination. 4. Place all microbiology samples into a separate zip top baggy to prevent losing them from leakage. 5. Put all samples from a single station into a mesh bag. 6. Then place the bag of samples into a cooler with wet ice in order to chill the samples to 4 °C. Documentation Sample documentation begins in the FDEP Central Chemistry and Biology Laboratories with the containers that they prepare for the samples. The containers are connected to the requested analytical work via the sample container type and appropriate labels. The Chemistry Laboratory labels each container with the weekly project request number, analysis type, and preservation requirements prior to shipping them to the sampling agencies (Figure VII -7). The FDEP WM &DMS provides the agencies with station identification labels (Figure VII -6) that are bar coded to uniquely identify a sample station. These are placed on the sample containers. In addition, one label is placed on the sample custody sheet to provide a link between the containers and the custody sheet. Sample custody is of critical importance to the objectives of the Status and Temporal Variability Monitoring Networks. Although the magnitude and scope of the Networks do not allow for legal chain -of- custody procedures, proper sample custody is a high priority. Data gathered will be incorporated into an existing statewide water quality database. This incoming data must be properly linked to historical data. The database is also a source of public information; therefore, every effort must be made to avoid the association of erroneous analytical results to well or surface water sites. An example of the front of a sample custody sheet for surface water sampling is illustrated in Figure VII -9. On the back of the custody sheet, is a container inventory which is Network and sample site specific as illustrated in Figures VII -10, VII -11, VII -12. The container inventory lists the analytes to be measured, the container type that will hold the water sample for a group of analytes, and the methods for preserving the water sample. Sample custody sheets are completed (in carbonless triplicate) by the sampler, one for each return cooler. The following information is included on the custody sheet: • sampling agency • project name • sampler names • station identifier (label as shown in Figure VII -6) • date and time sample was collected • specific conductance of the sample water • pH of the sample water DEP Agreement No. 00029. Attachment 1, Page 59 of 91 In addition, a barcoded label containing the weekly project request number (Figure VII -13) is placed in the upper right hand comer of each sample custody sheet used that sampling month. This process enables custody to be verifiable from the field to the lab for each container and sample. If there is any modification to the sample container or of the way the sample is collected, it should be reported in the Comments section of the custody sheet. DEP Agreement No. G0029. Attachment J, Page 60 of 91 Figure VII -9. Example of the Front of p he Custody Sheet for Surface Water Sampling O F U W F� O a a a r� z a z�° a Rio N oo Oprvr_ll W z�,� Q anCn a� A Q A O w z a 0 4) a a A 5 c E z - z 0 HA x C -- ° C e:. C F z w u ej y :. u � z = - Q U w 9z w a v` c ✓� c :na `n U U ri CIF ." z a .r H O y m G a a a G C p 7 U U ° U V U d C4 CL y n ei E F PE u u E u ai G L v u N In" C a �- 4a C9 z a 0 4) a A 5 c E z - z z C ° C C O 4 u ej u u � z = - Q e v` ✓� H `n U U v� U ri a �- 4a C9 4) a A 5 c E z - z z C ° C z n Q .r H DEP Agreement No. G0029• Attachment J, Page 61 of 91 J Q n u c d a z z C z C C O I M ^► 4 h Figure VII -10. Back of the Custody Sheet for Surface Water TV Sampling SURFACE WATER TEMPORAL VARIABILITY NETWORK CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Nutrient TOC, NO3 +NO,, (1) 500 ml plastic Unfiltered; H2SO4 vial to pH <2; chill to NH3iTKI , P 4 °C DEP Anion Cl, SO4, F, (1) 1 liter plastic Unfiltered; chill to 4 °C Alkalinity,Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 ml plastic Unfiltered; ffNO3 vial to pH <2; chill to 4 °C DEP Bacteria Enterococci (2) Whirlpacks 4 oz Unfiltered; chill to 4°C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to 4 °C W- COND -F Conductance Figure VII -11. Back of the Custody Sheet for Status Sampling of Streams STATUS NETWORK- STREAMS CONTAINER INVENTORY LAB CONTANER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Nutrient TOC, NO3 +NO,, (1) 500 ml plastic Unfiltered; H -'SO4 vial to pH <2; chill to NH3,TKN, P 4 °C DEP Anion Cl, SO4, F, (1) 1 liter plastic Unfiltered; chill to 4 °C A lkal inity, Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 ml plastic Unfiltered; HNO3 vial to pH <2; chill Po 4 °C DEP Bacteria Enterococci (2) Whirlpacks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to 4 °C W- COND -F Conductance DEP Agreement No. G0029, Attachment J, Page 62 of 91 C3 Figure VII -12. Back of the Custody Sheet for Status Sampling of Lakes STATUS NETWORK- LAKES CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Phytoplankton Phytoplankton (1) 1 liter opaque plastic Unfiltered; Lugol's Solution; chill to 4 °C Identification DEP Algal Growth AGP (1) 500 ml plastic Unfiltered; chill to 4°C Potential DEP Nutrient TOC, NO3 +NO2, (1) 500 ml plastic Unfiltered; H,SO, vial to pH <2; chill to NH3,TKN, P 4 °C DEP Anion Cl, SO,, F, (1) 1 liter plastic Unfiltered; chill to 4 °C Alkalinity,Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 ml plastic Unfiltered; HNO3 vial to pH <2; chill to 4 °C DEP Bacteria Enterococci (2) Whiripacks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to 4 °C W- COND -F Conductance Mistakes on the sample custody sheet will be deleted by drawing a single line through the error. The two top copies of the custody sheet (white and yellow sheets) are placed in a sealed plastic bag and taped to the inside top of the FDEP cooler for shipment back to the Central Chemistry Lab with the samples. At the FDEP Chemistry Lab, information on the sample custody sheet is used to log in the samples. The other copy of the custody sheet (pink sheet) will be kept by the sampling agency and placed in the field logbook. Figure VII -13. Example of Weekly Project Request Number Label GIIIIP�IIII' JIIIIIIII�IIIIIfiIIIIII�II�iIICI Ro_,sss_as_,e_az DEP Agreement No. G0029, .-attachment J, Page 63 of 91 Field sheets for the Status and Temporal Variability Networks are shown in Figures VII -14 and VII -15. These sheets will be provided to the sampling agencies by the FDEP Wjf &M�f& The information to be recorded on the Surface Water Temporal Variability (Figure VII -14) and Status Field Sheets (Figure VII -15) consists of the following: • Station identification • Date • Time that sample is collected • Weather conditions • Total water depth • Secchi depth • Stage (if applicable) • Sample collection depth • Field measurement depth • Dissolved oxygen • pH • Temperature • Specific conductance • If QAQC sample, what type and when collected • Comments, if any • Barcode label • Samplers' signatures Entries on field sheets should be made with waterproof ink. Prior to visiting a site, information from the most previous visit to the site, if available, is reviewed; and a copy of the log sheet will be on -site so that reference can be made to it during sampling. Copies of sample custody sheets and field log sheets are kept in the field log notebook along with any other records pertaining to sampling. Copies of the notebooks will be kept on hand at the sampling agencies. DEP Agreement No. G0029, Attachment J, Page 64 of 91 Figure VII -14. Field Sheet for the Surface Water TV Monitoring Network STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SURFACE WATER TEMPORAL VARIABILITY NETWORK FIELD SHEET Station Information I STATION ID: WATERBODY TYPE: (Circle One) WEATHER CONDITIONS (Circle One) Yvaier uuallty measurements DATE: (MMlDD.'YYYY) Small Lake WOHAl Low Order Stream (1•a orderl Clear Partly Cloudy TIME: (24 hr) (Time when Sample was Collectedl Large Lake ( >10HA) High Order Stream (>ao(der) Cloudy Rain Total Water Depth (meters! Secchi Depth (meters) Stage (If applicable) (Feet) [Average of 2 meuurements if tairee electranieally) Depth from which laboratory samples were collected: (meters) Field Measurements- Depth Collected pH D. 0. Temperature Conductivity Depth Collected pH D. 0. Temperature Conductivity Co ll.VlEA t Rt Samp!er's Signatures: WMS-SNVTV October I999 DEP Agreement No. G0029, Attachment J, Page 65 of 91 QA;QC TAKEN? (Circleefto 7imeeolleetel DUPLICATE EQUIPhIVIT BLANK Place D arcode Uhd Here 163 �$ 1 Figure VII -15. Field Sheet for the Surface Water Status Monitoring Network STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATUS NETWORK SURFACE WATER FIELD SHEET Station Information STATION ID: DATE: TIME: tmmlcolyVYy) (Time when Sample was Collected) (24 hr) WATERBODY TYPE: (Circle One) Small Lake (ctoHA) Large Lake ( >10HA) Low Order Stream (1.4 order) High Order Stream ( >4 order) WEATHER CONDITIONS (Circce One) Clear Partly Cloudy Cloudy Rain Water Quality Measurements Total Water Depth (meters) Secchi Depth (meters) Stage (if applicable) (Feet) (Average of 2 measurements if taken eiectronicaily) Stream Flow(Circie One) No Flow Flow within Banks Flood Lake Level(Circleone) Low Normal High Depth from which laboratory samples were collected: (meters) Field Measurements- Depth Collected pH D.O. Temperature Conductivity Depth Collected pH D.O. Temperature Conductivity COMMENTS.- Ft A � r Sampler's Signatures: October 1999 DEP Agreement No. 00029, Attachment J. Page 66 of 91 QAlQC (Circle One) 'rime Collected DUPLICATE EQUIP BLANK Place Barcode Label Here Sample Shipment 16 c , ,.q Proper sample shipment is imperative in the collection of environmental monitoring data. Strict adherence to the following steps for sample shipment will help assure the collection of accurate environmental monitoring data. • Sample analysis for the FDEP WM &DMS is currently being done by the FDEP Central Laboratory in Tallahassee; therefore, all samples will be returned to this lab. • Sampling supplies will be shipped from the FDEP Central Laboratory to the sampling agency via United Parcel Service (UPS) no later than two weeks prior to the project begin date. • Each FDEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. • Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by WNi &DMS staff. • Preservatives will be provided by the FDEP WM &DMS in advance of sampling. • A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets contained in zip top baggies to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to filling it with ice. Also, if the cooler has a spigot, place tape over it to prevent it from opening during transit and spilling water. Likewise, the lid must be taped closed to prevent opening during shipment. • Samples must be shipped daily; however, there will be extraneous circumstances where sample shipment can not occur until the following day. In this case, WM &DMS staff should be notified and the samples shall be kept at 4 °C. Samples that are shipped daily also must be kept at 4 °C. • Sample shipment shall be done during Monday through Thursday. No sample shipments shall be made on Fridays due to the fact that the Central lab would receive the samples on Saturdays. The Central lab does not accept samples on Weekends or Holidays. • Federal Express (FedEx) will be utilized for shipment of samples to the FDEP Central Laboratory. The FDEP laboratory and/or WM &DMS staff will provide FedEx airbills to sampling agencies for use in shipping water quality samples to the FDEP Central Laboratory. These airbills will be pre - printed with DEP's FedEx account number, so that all shipping costs are directed back to FDEP. GPS Procedures The Status Network will require extensive use of GPS equipment. This equipment will be used for navigation to randomly selected sites as well as collection of locational and field data. All participants of the Status Network should be using Trimble Pro XR® GPS equipment with differential correction. The decision to use this type of equipment was based on institutional knowied�e of Pro XR units and for consistency. DEP Agreement No. GOOD, Attachment J, Page 67 of 9l 16, r,3 All personnel using GPS equipment should be trained in the operation of such equipment and strictly follow the Division of Water Resource Management's GPS Standards which can be found at the website, www.dep.state.fl.us. Training has been ongoing within the Division and will continue as needed. Accuracy The Status Network incorporates the use of randomly selected coordinates for the selection of sample stations. The random coordinates or sites are selected as spelled out in the IWRM Design Plan. Due to map errors and scale differences the sites may not fall directly on intended water bodies. In this case the nearest waterbody should be selected. Normally the distance should only be a few meters off and is not considered problematic since the Division GPS Standards recommend the National Map Accuracy Standard of 12.2 meters. Waypoints Navigation to these sites will require the creation of waypoint files. These files will contain the site ID and the corresponding latitude, longitude, and HAE (Height Above Ellipsoid) which is used in the field to navigate to the sites. The HAE should be taken from the data logger near the area of the randomly selected sites, which is obtained from the current position information menu on the data logger. It is not critical that the HAE be exact, but it will help the accuracy of navigation to have it as close as possible. The waypoint file can be created in the office using Pathfinder Office® Software or in the field directly on the data logger. The creation of waypoint files is covered in the Division of Water Resource Management's GPS Basics Manual which is available from WM &DMS staff. Navigation Navigating to surface water sites presents many problems, especially for low order streams and small lakes. Heavy tree canopies typically cover these waterbodies. GPS signals are line -of- sight microwave signals that are easily blocked by any mass, including tree canopies. To correct this problem, navigate as close as possible to the selected site and then note the direction and distance to go, from the data logger. Proceed to the point by using a compass and tape measure. Pacing your steps can be done if a steady bearing is kept on the compass (12.2 meters are equal to approximately 40 feet). Using an estimation of one pace, approximately equal to three feet, one should get within 40 feet of a location with practice. Likewise, when collecting the positions of the sites, tree canopies can block signals. Doing the reverse of what is done to navigate to the site can solve this problem. Walk away from the site, while measuring your bearing and distance from the site. When the signals are received collect the position with the measurements applied to the position as an offset. Remember to convert the bearing 180 degrees so the offset is applied back in the opposite direction. These exercises are covered in the GPS Basics Manual and with practice a sampler will become competent at doing them. File Nomenclature Once at the site, the water quality measurements will be taken and recorded onto field sheets before the GPS data is collected. The site location will be collected into the data logger after the lab samples have been obtained and all data recorded on field sheets. The GPS data file (.ssf file) shall be named similarly to the unique resource code. For example, the Northwest Florida Water Management District's large lake number 26 in the A reporting unit of the first year cycle DEP Aureement No. 00029, Attachment J, Paee 68 of 9l is a site known as NWA -LL -1026. The data logger file will be NWALL026. The hyphens and the number one (1) in the number sequence are dropped to accommodate the eight -digit file name size in the data logger. There will only be one site per file. Data Dictionary The Status Network will also incorporate the use of a standard data dictionary (A Trimble electronic form) residing in the data logger memory. The data dictionary will contain all of the questions that are found on the field sheets. After the locational data has been collected you should pause the unit and then proceed to answer the questions in the data dictionary by following the field sheets. It is extremely important to collect the location in the data logger first and then pause the unit until all of the data dictionary questions have been answered. Once the data dictionary questions have been answered the "OK" key should be pressed to save the file. Many fields in the data dictionary require input and are restricted to certain constraints. For example, the pH range allowed to be entered into the data logger is between 0 and 14. No numbers less then 0 or more than 14 will be accepted by the data logger. The default is set to 0. A value of 0 in the data will signify that a problem had occurred and no data was collected for that analyte at that site. These constraints and defaults are also in other fields throughout the data dictionary. DEP Agreement No. G0029, Attachment J, Paoe 69 of 91 160 Section VIII. Quality Control Samples- Surface Water Quality control samples are collected to assess accuracy, precision, and representativeness. For surface water sampling in the Status and Temporal Variability Networks, the following types of QC samples are collected: field reference samples, equipment and field blanks, and duplicate samples. Analytical reference samples are currently not being submitted as part of surface water sampling. If surface water samplers later become involved in this program, refer to the information provided about analytical reference samples in Section VI. Field Reference Samples The USGS Laboratory in Ocala is under contract to prepare and distribute field reference samples for the Status and TV Networks. The procedures to follow in order to obtain these samples are addressed in Section III. The samples are prepared to a known pH or specific conductance. The USGS determines the most probable (mean) value and standard deviation for each sample. These statistics are then used to evaluate field measurement performance. These samples are carried into the field and analyzed at a rate of one for every 5 -10 actual samples. The values are recorded on a Field Reference Sample Reporting Form (an example is shown in Section VI) and immediately submitted to the FDEP ViM &DMS Project Manager or QA Officer by fax, telephone, or electronic mail. If the values differ substantially from the most - probable values, the sampling agency will be contacted immediately, and corrective action should ensue. Dirty probes, low batteries, contaminated standards, faulty meters, and sometimes analyst error, can cause poor performance on field reference samples. Equipment and Field Blanks Equipment blanks are samples of analyte -free water, collected for the purpose of assessing the cleanliness of the sampling and measurement system. If equipment blanks are discovered to contain impurities, it is assumed that these impurities will also affect the measured concentrations in actual samples, contributing to elevated concentrations of naturally occurring substances. Analyte -free water is defined as water which, when analyzed in the same manner as actual samples, has no detectable concentrations of target compounds. There are several potential causes for blank detections, including: • The water treatment system that is serving as the source of the blank water may not be 100% effective for all analytes of concern. • The containers used to transport the analyte -free water into the field may not be clean. • The sampling equipment from which the blank is collected (or through which it is filtered) may not be clean. DEP Agreement No. (.;0029, Attachment J, Pace 70 of 91 15C3 ' The sample containers used to hold the sample may not be clean. The preservatives may be impure. The sampling process itself may be exposing the sample to contaminants (as in the case of volatile organic sampling). Equipment blanks will be taken on precleaned and/or field cleaned equipment. Precleaned equipment refers to equipment that has been cleaned in -house prior to sampling. The total number of blanks that will be taken during a sampling project is dependent upon how many actual samples will be collected. Equipment blanks are collected at a rough frequency of 20 %. The type of blank that will be collected depends upon how many precleaned sampling equipment sets will be used and how frequent the equipment will have to be decontaminated in the field. If any field cleaning is performed during a project, then field cleaned equipment blanks are taken. Otherwise, if all the equipment that is used during a project is precleaned, precleaned blanks are obtained. The following steps describe proper collection of equipment blanks: 1. Fill a large clean high- density polyethylene (HDPE) container with analyte -free water and transport it to the field. This water should be from the same source as the analyte -free water used in the final rinse of the equipment cleaning process. 2. Fill the pre- cleaned sampling device, e.g. a Van Dom sampler, with analyte -free water, and discard the water. 3. Fill again. Then fill an entire suite of sample containers, as with an actual water sample, using the same preservation and filtration methods. 4. Label all blank containers with the equipment blank labels provided with the project paperwork (example is shown in Section VI), and ship the blank sample along with regular samples to the lab. Equipment blanks should be listed on the custody sheet. Refer to Section VII for further information on sample custody and shipment. 5) Check the lab results for detections. If frequent detections are noted, consult with the FDEP WM &DMS QA Officer. Field blanks must be taken in cases where the only sampling equipment is the sample container. They should also be collected if analytes are detected at high levels in equipment blanks. These blanks consist of filling on -site a suite of sample containers with analyte -free water from the HDPE water container, preserving as with actual samples, sealing the containers, documenting them as quality assurance samples /field blanks, and shipping them to the laboratory as is done with actual field samples. The custody sheet and field log should indicate that a field blank sample was collected. This procedure is an aid in determining if the equipment blank contamination is a result of the analyte -free water not being "analyte- free ", the water container being dirty, or acid preservatives being fouled. DEP Agreement No. 00029, Attachment J, Page ? 1 of 91 1603 Duplicate Samples (Optional) Duplicate samples are collected for the purpose of assessing overall precision of the sampling and analytical process. The following steps describe collection of duplicate samples. 1. Collect a water sample with a clean sampling device. 2. Fill, label, and preserve all containers for the sample. 3. Place in cooler. 4. Using the same sampling device(s), collect a second sample in the same manner as the first. 5. For filtered samples, a new filter should be used. 6. Fill, label, and preserve all containers for the sample (an example of a duplicate label is shown in Section VI). 7. Place in cooler. 8. Both samples should be listed on the custody sheet as separate samples. The second sample should be given a different sampling time and field id than the first. 9. FDEP WM &DMS staff will review the results to see if the values reasonably agree. DEP A,reement No. G0029, Attachment 1, Page 72 of 91 16C3 Section IX. Equipment Cleaning Introduction All equipment must be either precleaned (in- house) or field cleaned before using it to collect water samples. These cleaning procedures are to be used by field personnel for cleaning sampling and other equipment, both in -house and in the field. They are in accordance with the Environmental Protection Agency Region 4 Environmental Investigations Standard Operating Procedures and Quality Assurance Manual, May 1996 (with March 1997 revisions), and Department of Environmental Protection Standard Operating Procedures for Laboratory Operations and Sample Collection Activities, Florida Department of Environmental Protection, September 1992 (DEP- QA- 001/92). The EPA document can be found at the website, www.epa.gov /region04 /sesd, and the DEP document can be found at the website, www.dep.state.fl.us. Specifications for Cleaning Materials Specifications for standard cleaning materials referred to in this section are as follows: • Soap shall be a standard brand of phosphate -free laboratory detergent such as Liquinox(V. • Tap water may be used from any municipal water treatment system. Use of an untreated potable water supply is not an acceptable substitute for tap water. • Analyte -free water (deionized water) is water which, when analyzed for target compounds using the requested analytical methods, yields no detections. Handling and Containers for Cleaning Solutions Improperly handled cleaning solutions may easily become contaminated. Storage and application containers must be constructed of the proper materials to ensure their integrity. Following are acceptable materials used for containing the specified cleaning solutions: • Soap must be kept in clean plastic, metal, or glass containers until used. It should be poured directly from the container during use. • Tap water may be kept in clean tanks, hand pressure sprayers, squeeze bottles, or applied directly from a hose. • Analyte -free water must be stored in clean glass, stainless steel, or plastic containers that can be closed to the environment. It can be applied from plastic squeeze bottles. DEP Agreement No. G0029, Attachment J. Page 73 of 91 Safety Procedures for Cleaning Operations Some of the materials used to implement the cleaning procedures can be harmful if used improperly. Caution should be exercised by all field investigators and all applicable safety procedures should be followed. At a minimum, the following precautions should be taken in the field during these cleaning operations: • Safety glasses with splash shields or goggles, and latex gloves will be worn during all cleaning operations. • No eating, smoking, drinking, chewing, or any hand to mouth contact should be permitted during cleaning operations. Cleaning Procedures for Specific Equipment Table IX -1 lists specific equipment, references of the procedures for cleaning the equipment, and frequency for in -house and in -field cleaning of the equipment. The cleaning procedures are described here. Water Level Measuring Devices 1. Wash with soap and tap water. 2. Rinse with tap water. 3. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. 4. Rinse with analyte -free water. 5. Allow to air dry overnight if cleaning in- house. 6. Wrap equipment in aluminum foil (with tab for easy removal) seal in plastic, and date if storing. Pumps Submersible pumps 1. Pump exterior must be cleaned per the following: a. Clean with tap water and lab grade soap (Liquinox or equivalent) using a brush, if necessary, to remove particulate matter or surface film. b. Rinse thoroughly with tap water. HOT tap water should be used if cleaning in- house. c. Rinse with 10% reagent grade hydrochloric acid (HCL), when cleaning in- house. The acid rinse should not be used on steel sampling equipment. This acid rinse is not required when cleaning in- field. d. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. e. Then allow to air dry as long as possible. DEP Agreement No. G0029, Attachment J, Page 74 of 91 16C3 f. Clean sampling equipment shall be wrapped (if appropriate) in aluminum foil, or in untreated butcher paper to prevent contamination during storage or transport to the field. g. If no further sampling is to be performed, equipment must be rinsed with tap water immediately after use and taken back to the lab to be cleaned in- house. h. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. i. It is not recommended to clean heavily contaminated equipment in the field. Such rigorous cleaning procedures should be performed at the base of operations. Cleaning at the base of operations or in the field should consider the following: • In extreme cases, it may be necessary to steam clean the field equipment before cleaning with soap and water. • If the field equipment cannot be cleaned utilizing these procedures, it should be discarded, unless further cleaning with stronger solvents and/or oxidizing solutions are effective. 2. Pump internal cavity and mechanism must be cleaned as follows: a. If for purging only, then the pump must be completely flushed with potable water prior to purging the next well. b. If for purging and sampling, then it must be completely disassembled (if so designed) and decontaminated between each well. c. If the pump cannot be (practically) disassembled, then the internal cavity /mechanism must be cleaned by pumping copious amounts of lab -grade soap solution, tap water, and DI water. d. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. 2. Tubing should be cleaned as stated below. Above Ground Pumps Used for Purging and Sampling 1. Pumps used for purging only a. Exterior of the pump must be free of oil and grease. b. Tubing should be cleaned as stated below. 2. Pumps used for sampling a. Exterior of pump must be cleaned with a detergent wash followed by tap and analyte -free water rinses. b. Tubing should be cleaned as stated below. c. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. Tubing Miscellaneous Non -Inert Tubing Types (tygon, rubber, HDPE, PVC, etc.) 1. New Tubing a. As a general rule, new tubing may be used without preliminary cleaning. DEP Agreement No. 60029, Attachment 1, Pa <_e 75 of 91 b. New tubing shall be protected from potential environmental contamination by wrapping in aluminum foil, sealing in plastic bags or in the original sealed packaging. c. If new tubing is exposed to potential contamination, the exterior and interior shall be thoroughly rinsed with hot tap water followed by a thorough rinse with deionized water. d. If new tubing is to be used to collect samples, the tubing shall be thoroughly rinsed with sample water (i.e. pump sample water though the tubing) before collecting samples. 2. Reused Tubing a. Flush tubing with soapy solution of hot tap water and laboratory detergent. b. Rinse exterior and interior thoroughly with tap water. c. Rinse exterior and interior thoroughly with deionized water. d. In the lab, the tubing shall be flushed with 10% HCI, followed by thorough rinsing with DI water. This acid rinse is not required when cleaning in- field. e. Wrap tubing and cap ends in aluminum foil and seal in plastic to prevent contamination during storage and transport. f. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. Van Dorn Sampler 1. Clean with tap water and lab grade soap (Liquinox or equivalent) using a brush, if necessary, to remove particulate matter or surface film. 2. Rinse thoroughly with tap water. 3. Rinse with 10% reagent grade HCI, if cleaning in- house. The acid rinse should not be used on steel sampling equipment. 4. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. 5. Allow to air dry as long as possible. 6. Clean sampling equipment shall be wrapped (if appropriate) in aluminum foil, or in untreated butcher paper to prevent contamination during storage or transport to the field. 7. If no further sampling is to be performed, equipment must be rinsed with tap water immediately after use and taken back to the lab to be cleaned in- house. 8. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not - required for in -field decontamination. 9. It is not recommended to clean heavily contaminated equipment in the field. Such rigorous cleaning procedures should be performed at the base of operations. Cleaning at the base of operations or in the field should consider the following: • In extreme cases, it may be necessary to steam clean the field equipment before cleaning with soap and water. • If the field equipment cannot be cleaned utilizing these procedures, it should be discarded, unless further cleaning with stronger solvents and/or oxidizing solutions are effective. DEP Agreement No. G0029. Attachment J, Page 76 of 91 NOTE: If metals- calcium, magnesium, sodium, and potassium- are detected in equipment blanks, after the cleaning procedure, then sampling equipment (excluding stainless steel equipment) will have to be rinsed with 10% reagent grade HCI, prior to rinsing with analyte -free water, when field cleaning. Polyethylene Analyte -free Water Containers (In -House Cleaning Only) 1. New Containers a. Clean with HOT tap water and lab grade soap (Liquinox or equivalent). b. Rinse thoroughly with HOT tap water. c. Rinse with 10% reagent grade HCI. d. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. e. Allow to air dry as long as possible. f. Cap with teflon film, aluminum foil or the bottle cap. Note: the bottle cap shall be equipped with a teflon liner. Aluminum foil or teflon film may be used as liner material. 2. Reused Containers a. Immediately after being emptied, cap with aluminum foil, teflon film or the container cap. b. Wash container exterior with lab -grade detergent and HOT tap water. c. Rinse exterior and interior thoroughly with analyte -free water. d. Invert and allow to drain and dry. e. Fill container with analyte -free water and cap tightly with aluminum foil, teflon film or the container cap. Note: the bottle cap shall be equipped with a teflon liner. Aluminum foil or teflon film may be used as liner material. NOTE: Analyte -free water shall not be stored for more than one week in a polyethylene container. Handling and Storage of Cleaned Equipment Handling and storage of clean equipment will be done according to Appendices B.1.6 and C.1.5 (EPA Region 4, 1996). After cleaning, equipment should be handled only by personnel wearing clean gloves to prevent re- contamination. In addition, the equipment should be moved away (preferably upwind) from the cleaning area to prevent recontamination. If the equipment is not to be immediately re -used it should be covered with plastic sheeting or wrapped in aluminum foil, after air drying, to prevent re- contamination. The area where the equipment is kept prior to re -use must be free of contaminants. Clean equipment should be appropriately labeled and placed in an area free of contaminants. DGP Agreement No. G0029, Attachment J, Page 77 of 91 1 � 03 Disposal of Cleaning Materials Disposal of cleaning materials, both in -house and in- field, must be done properly. Used detergents may be disposed of through a sanitary sewer system. Hydrochloric acid cleaning solutions should be diluted/neutralized to a pH between 5 and 9, and flushed down a sanitary sewer system. If used to clean in- field, the material should be captured and diluted/neutralized to a pH between 5 and 9. Then it can be flushed down a sanitary sewer system. Any solvents must be collected and handled by a commercial disposal or recycling contractor. Documentation of Cleaning Documentation of cleaning will be maintained for each item of sampling equipment. Each equipment item will be made identifiable by means of serial numbers, tags, or labeled carrying cases. A cleaning log will be kept with subsections for each equipment item. The name of the person performing the cleaning, the date of cleaning, the location of cleaning, and any deviations from the approved cleaning procedure will be entered into this cleaning log. After cleaning, equipment should be allowed to air dry completely; then it is wrapped as specified in the cleaning procedure and tagged, marked, or labeled with the date of cleaning and any deviation from procedures. DEP Agreement No. G0029, Attachment J, Page 78 of 91 +E� Table IX -l. Cleaning Procedures and Frequencies EQUIPMENT IN -HOUSE CLEANING FREQUENCY IN -FIELD CLEANING FREQUENCY ITEM PROCEDURE PROCEDURE'' Water-level EPA Appendix C.5.1 weekly EPA Appendix 13.2.4 between sample easuring sites evices Pumps DEP QA SOP Section weekly DEP QA SOP Sections between sample 4.1.8 (omitting solvent 4.1.8 (omitting acid and sites rinse) solvent rinses) ubing DEP QA SOP Section weekly DEP QA SOP Section between sample 4.1.7.5 (substituting 10% 4.1.7.5 (omitting acid sites HCl for 10% HNOD rinse) Van Dom DEP QA SOP Section weekly DEP QA SOP Section between sample sampler 4.1.4.1 (omitting solvent 4.1.4.1 (omitting acid sites (Alpha/Beta rinse) and solvent rinses) bottle)' olyethylene DEP QA SOP Section prior to refilling procedure not n/a analyte -free 4.1.10 (omitting solvent performed in water containers rinse) field 'If it is discovered that a heavily contaminated site has been sampled, then the equipment used to sample the site will be identified from the field log sheet. That equipment will be taken out of circulation until it can be cleaned according to DEP QA SOP Section 4.1.4.1, note 2. Furthermore, results for all other sites sampled with that equipment will be carefully examined for the offending contaminants, and if detected, will be marked as possible false positive. 2 A acid rinse will not be required for sampling equipment during in -field decontamination unless metals - calcium, magnesium, sodium, and potassium- are detected in equipment blanks. If metals are detected, the equipment, excluding stainless steel equipment, will have to be rinsed with 10% HCl prior to rinsing with analyte -free water. DEP Agreement No. G0029, Attachment J, Page 79 of 91 1603 Section X. Field Performance Audits External Audits External audits of each sampling agency are conducted by the Department of Environmental Protection's Watershed Monitoring and Data Management Section QA Officer and/or Project Manager. A minimum of two surface water audits and one ground water audit will be performed on each contracted sampling agency, and a minimum of one surface water audit will be performed on each sub - contracted sampling agency. These audits generally consist of an on -site review of sample custody practices, equipment decontamination procedures, purging methods for ground water sampling, field measurement techniques, and sample collection protocols (see Attachment X -1 for the Field Audit Form). Results of the audits are given to the Project Manager of the sampling agency and areas in need of improvement are noted. These areas will be documented in the quarterly QA Report, with the addition of a description of any corrective actions taken as a result. Future external audits will focus on these areas to ensure that corrective action has been taken. Internal Audits Internal audits of sampling agency field personnel are conducted by the sampling agency QA Officer and/or Project Manager. A minimum of one surface water audit and one ground water audit will be performed. The findings of these audits will be documented in the quarterly QA Report. DEP Aereement No. GOO29, Attachment J, Page 80 of 91 �l 3 Section XI. Quality Assurance Reports Quality Assurance Reports will be prepared by the QA Officer and/or Project Manager of the sampling agency and submitted quarterly. These reports will have a title page and include a summary of audits conducted, list of quality control samples analyzed, discussion of any significant QA problems encountered, and description of action taken to correct these problems during the quarter (see Attachment XI -1 for an example of the format). Reports will be submitted to the appropriate Project Manager at the Department of Environmental Protection's Watershed Monitoring and Data Management Section. The Project Manager will provide copies to the WM &DMS QA Officer. The WM &DMS should receive the QA Reports within 30 days after a quarter ends. The beginning month of each quarter is defined as 1 st quarter October, 2nd quarter January, 3rd quarter April, and 4th quarter July. Reports are kept on file with the DEP WM &DMS for documentation of significant QA problems. DEP Agreement No. 60029, attachment J, Page 81 of 91 15G? ATTACHMENT X -1 FIELD AUDIT FORM DEP Agreement No. G0029, Attachment J, Page 82 of 91 FIELD AUDIT STATUS AND TEMPORAL VARIABILITY MONITORING NETWORKS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 2600 BLAIR STONE ROAD TALLAHASSEE, FL 32399 -2400 Telephone (850) 922 -5820 SAMPLING AGENCY PROJECT NAME FIELD PERSONNEL AUDIT TYPE: Internal External AUDITOR NAME(S) Announced Unannounced AUDIT DATE SITE Surface Water Ground Water Both SW & GW Instructions -for use of this form: This form is to be used for both surface and ground water audits in the Status and Temporal Variability Networks when there are no known problems. The information requested here is the minimum needed for a successful audit, therefore all items should be completed with a "Y; "N ", or n/a (not applicable). A detailed explanation should be provided in the Comments when a method deviates from what is listed in the Quality Assurance Plan #900456 and the Sampling Manual. The question number should be shown with the explanation of the deviation. Additional information can also be provided, attach more sheets if necessary. DEP Agreement No. G0029, Attachment J, Paue 83 of 91 ,f SECTION 1 GENERAL INFORMATION (1) Were paperwork (labels, field sheets, and custody sheets), sample kits, acid preservatives, and equipment inventoried prior to going into the field Y (2) Were the sampling manual and instrument service manual in field vehicle Y (3) Were reagents, instrument calibration, and maintenance records up to date Y (4) Was blank water analyte -free (De- ionized water), check source of water Y (5) Was the DI water transported into the field in a polyethylene container Y (6) Were all of the sampling equipment precleaned and cleaning log current Y (7) Were the reagents and equipment properly stored Y (8) What information was available to the samplers concerning sample sites: (a) Maps with sample locations marked Y (b) Field log books containing historic data Y (c) Well tags on wells Y (d) Reference stations at surface water sites Y (e) DGPS Coordinates Y (9) Were instruments calibrated or checked in the field Y (10) Were instruments calibrated properly and bracketed expected range Y COMMENTS: N N N N N N N N N N N N N N DEP Agreement Flo. G0029, Attachment J, Page 84 of 9 l 16C3 SECTION 2 FIELD PROCEDURES- GROUND WATER (11) Was the wellhead properly labeled Y N (12) Were well measurements taken properly Y N (13) Which one of the following pumps was used to purge the well: (a) Centrifugal Y N (b) Peristaltic Y N (c) Submersible Y N (d) Dedicated pump on a well with in -place plumbing Y N (14) If purging a well without in -place plumbing, which one of the following criteria was met to ensure that the well was adequately purged: (a) Three standing water volumes removed and field analytes stabilized Y N (b) Five standing water volumes removed Y N (c) Well purged dry, allowed to recover, and purged dry again Y N (15) If purging a well with in -place plumbing, which of the following was done to ensure that the well was adequately purged: (a) Because of continuously running pump on well and no storage tank prior to the sample location, the valve was simply opened and allowed to flush at maximum velocity for at least 15 minutes Y N (b) Because of continuously running pump on well and a storage tank prior to the sample location, purge included entire storage tank volume Y N (c) Because purge volume could be determined, the pump was run continuously at maximum velocity until the required volume purged Y N (d) Because of unknown well construction, pump was run continuously for a minimum of 15 minutes and until chemical stability achieved Y N (16) Were the purge and rinse water disposed of properly away from the well Y N (17) If sampling a well without in -place plumbing, which of the following pumps was used: (a) Peristaltic Y N (b) Submersible Y N (18) Were the sample containers rinsed with sample prior to filling Y N (19) Was a new 0.45- micron filter rinsed with sample water then used to collect the metals, anions, and nutrients samples Y N (20) Were sample containers filled in the correct order Y N (21) Were TOC, nutrients, and metals samples preserved with the appropriate acid and pH tested within 15 minutes of collection Y N (22) Were gloves and protective eyewear worn while handling acids Y N (23) Were bacteria, TOC, nutrients, and metals samples segregated into zip top baggies before placing them in the mesh bag with other samples from the site Y N (24) Were waste materials disposed of or stored properly in field Y N (25) Was the Microland Use form completed in the field Y N COMMENTS: DEP Agreement No. 60029, attachment J, Pave 85 of 91 SECTION 3 FIELD PROCEDURES- SURFACE WATER (26) (27) (28) (29) (30) (31) Was the total water depth measured properly to 0.1 in Y N Which of the following waterbody types was sampled: (a) High order stream Y N (b) Low order stream Y N (c) Large lake Y N (d) Small lake Y N If sampling at a Status Network site, were the field measurements and sample collected in the proper location within the waterbody Y N Were field measurements taken at the proper depth(s) Y N Was secchi depth properly determined Y N If stage height was obtained, which of the following devices provided the measurement: (a) Staff gauge Y N (b) Continuous recording gage Y N (32) (33) (c) Wire weight gage (d) Tape down measurement (e) USGS gaging station data source Was the water sample collected at the appropriate depth The sample was collected by which of the following methods: (a) Directly into sample containers (b) With a Van Dorn horizontal sampling device then into the containers Y Y Y Y Y Y N N N N N N (34) (35) (36) (37) (38) (39) (40) (41) (c) With a Van Dom, poured into a churn then into sample containers Y N Were any sediments disturbed during the collection process Y N Were the sample containers rinsed with sample water prior to filling Y N If sampling at a lake site for the Status Network, were the algal growth potential and phytoplankton taxonomy analytes collected into the proper bottles Y N Was a new 0.45 - micron filter used to collect the orthophosphate sample Y N Were sample containers filled in the proper order Y N Were the nutrients and metals samples preserved properly with acid Y N Were gloves and protective eyewear worn while handling preservatives Y N Were the bacteria, metals, and nutrients samples segregated into zip top baggies before placing them into the mesh bag with other samples from the same site Y N COMMENTS: DEP Agreement No. (10020, Attachment J, Page 86 of 91 SECTION 4 QUALITY CONTROL SAMPLES (42) Were the field reference samples analyzed under field conditions Y N (43) Were the field reference sample results satisfactory Y N (44) Was an equipment blank prepared with clean equipment and analyte -free water prior to collecting a sample Y N (45) Was the equipment blank collected as if an actual sample Y N (46) Were duplicate samples taken in parallel and recorded appropriately on the field log sheet and custody sheet Y N COMMENTS: SECTION 5 CHAIN -OF- CUSTODY (47) Were all the samples properly labeled Y N (48) Were all the samples from a single site put together in a mesh bag Y N (49) Were samples immediately placed on ice after collection and preservation Y N (50) Were the samples protected from melted ice in the shipping container Y N (51) Was the custody sheet completed properly, with RQ and bagged Y N COMMENTS: DEP Agreement No. G0029, Attachment J, Paee 87 of 9 t SECTION 6 MISCELLANEOUS (52) Was sampling equipment adequately cleaned between sample sites Y N (53) In general, were the samples obtained in a reproducible manner Y N (54) Were there any anomalous conditions or deviations from usual sampling Y N (55) Was GPS used to determine site location Y N (56) Has at least one of the samplers on site attended the USGS Water Quality Field Techniques Class or DEP Status and TV Networks Sampling Workshop Y N (57) WAS OVERALL SAMPLING PERFORMANCE ACCEPTABLE Y N COMMENTS: SECTION 7 ADDITIONAL COMMENTS DEP Agreement 'No. 00029, Attachment J, Page 83 of 91 t yR ATTACHMENT XI -1 EXAMPLE OF QUARTERLY QUALITY ASSURANCE REPORT DEP agreement No. G0029, Attachment J, Page 89 of 91 16C3 '' QUALITY ASSURANCE REPORT FOR FDEP AMBIENT MONITORING PROGRAM GROUND WATER AND SURFACE WATER TEMPORAL VARIABILITY AND STATUS MONITORING NETWORKS For the Time Period: January 1, 2000 to March 31, 2000 Water Management District Prepared by: John Doe Water Management District 0000 Blair Stone Road Tallahassee, FL 32399 John Doe Project Manager Jane Smith Quality Assurance Officer DEP Agreement No. G0029, Attachment J, Page 90 of 91 Date Date 16C3 Internal Field Audits One internal surface water field audit was performed by our Quality Assurance Officer during this quarter. See enclosed Field Audit Sheet. External Field Audits No external field audits were performed during this quarter. One external ground water audit is scheduled with FDEP QA Officer for next quarter. Quality Control Samples Surface Water TV Network: 3 equipment blanks and 3 duplicate samples were collected, and 3 sets of pH and specific conductance field reference samples were analyzed this quarter. Surface Water Status Network: Sampling was not scheduled this quarter for the Status Surface Water Monitoring Network. Ground Water TV Network: 2 equipment blanks and 2 duplicate samples were collected, and 4 sets of pH and specific conductance field reference samples were analyzed this quarter. Ground Water Status Network: 3 equipment blanks and 3 duplicate samples were collected, and 3 sets of pH and specific conductance field reference samples were analyzed during confined aquifer sampling this quarter. Significant QA/QC Problems Only one problem arose. One day during the quarter, samplers forgot to bring Liquinox into the field to decontaminate the Van Dorn bottle between sample sites. Corrective Action Another sampling crew was able to bring Liquinox out to the crew that forgot it so that they could properly decontaminate equipment between sites and continue sampling for the remainder of the day. To eliminate this from happening in the future, a written sampling supplies checklist was developed. Both samplers go through the list to make sure their sampling vehicle is properly egt.tipped prior to leaving for the first sample site. As a result, there have been no further incidents. DEP Agreement No. G0029, Attachment J, Pale 9 l of 91 ATTACHMENT K 16C3 INSTRUCTIONS FOR SAMPLE SHIPMENT 1. Sample analysis for the Department of Environmental Protection's (DEP) Watershed Monitoring Section (WMS — formerly known as the Ground Water Quality Monitoring Program (GWQMP)) is currently being done by the DEP Central Laboratory in Tallahassee, so all sample containers will be returned to this lab. 2. A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets in ziplocks to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to loading it up with ice. Also, if the cooler has a spigot, place duct tape over it to prevent it from opening during transit and spilling ice water. 3. It is not necessary to ship every day. If samples are held overnight, it is imperative they remain at a temperature of 4 degrees Celsius. Samples should not be shipped on Friday. 4. Sampling equipment will be shipped from the DEP Central Laboratory to the sampling agency via United Parcel Service (UPS), no later than one week prior to the project begin date. 5. Each DEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. 6. Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by DEP Watershed Monitoring Subsection staff. 7. Preservatives will be provided by the DEP Watershed Monitoring Subsection in advance of sampling. 8. Federal Express ( FEDEX) will be utilized for return shipment of samples to the DEP Central Laboratory. The DEP laboratory and /or WMS staff will provide FEDEX airbills to sampling agencies for use in returning water quality samples to the DEP Central Laboratory. These airbills will be pre - printed with DEP's FEDEX account number, so that all shipping costs are directed back to DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Agreement No. G0029, Attachment K, Page 1 of 1 ATTACHMENT L REQUIRED ELECTRONIC FORMAT 16C3 Florida Department of Environmental Protection Status and Trend Monitoring Networks From Field Sample Database Data Dictionary Version 2.1 Required Field Measurements - Surface Water MEASUREMENT UNITS STORET CODE Water Temperature, field °C 00010 pH, field Std. units 00406 Specific Conductance @ 25 C, field2 pmho /cm @ 25 °C 00094 Salinity2 parts /thousand 00480 Dissolved Oxygen, field milligrams /L 00299 Secchi Depth (transparency) s Meters 00078 Total Depth @ Sampling Site Meters 82903 Stream Stages Feet 00065 Sample Depth Meters 90068 = Measurements which are not taken, but required, should be listed as zero values with the `O' value qualifier. 2 = Specific Conductance will be reported for fresh waters and salinity will be reported for saline waters. 3 = If disc is visible on bottom of water body the value reported should be 5' + the value of the total depth with the `L' value qualifier. = If sampling done from a fixed point. 5 = Surface water temporal variability sites only, where available. Required Field Measurements - Ground Water MEASUREMENT UNITS STORET CODE pH, field Std. units 00406 - Specific Conductance @ 25 C, field LIMHOS /CM @ 25 °C 00094 Water Temperature, field °C 00010 Dissolved Oxygen, field milligrams /L 00299 Depth to Water from Measuring Pt. Feet 72109 Elevation of Measuring Pt. Feet above or below NGVD 82514 Microlanduse2 NA 84147 = Once per year at temporal variability sites DEP Agreenient No. G0029, Attachment L, Page h of 3 MRR -17 -2003 09:40 S.r.W.H.D. 561 681 6275 P.0 -2/02 ATTACHMENT- 16C3 REQUIRED ELECTRONIC I=ORMAT AIL sample data will be trans: " -:red to the Dcpartmwt by 1P '%vntractor in rimble SSF data files, or ir, the structures below. Equiva) «nt convertible electronic spreadsheet files arc, acceptable. Acceptable File 'Transfer Formats D BF Format: NAME TYPE TOTAL CHARACTERS DECIMAL N/A PARAM CODE OR DIGITS DIGITS STATION CHARACTER 25 N/A PARAM_CODE NUMERIC 5 0 PARAM_NAME CHARACTER 40 N/A TEXT VALUE CHARACTER 11 ` N/A VAL t.1UAL CHARACTER 5 NIA SAMP DATE CHARACTER 8 N/A SAMP TIME CHARACTER 4 NIA SAMP7SEQ CHARACTER 2 N/A SAMP TYPE CHARACTER 1 N/A PROJECT CHARACTER 30 N/A COMMENT CHARACTER so WA MS Excel O format: NAME TYPE TOTAL CHARACTERS DECIMAL OR DIGITS DIGITS STATION TEXT' 25 N/A PARAM CODE NUMERIC 5 0 PARAM_NAME TEXT 40 N/A TEXT_YALUE TEXT 11 N/A VAL QUAL TEXT 5 NIA SAMP DATE TEXT 8 NIA SAMP__TIME TEXT 4 N/A SAMP_SEO TEXT 2 N/A PROJECT TEXT 30 NIA COMMENT TEXT 80 N/A * All IW c:olunm YA be kKim"ned DIP Agre*mwt No. 60029, Attelclument L. Paso 2 of 3 T(ITLi! P.90 TOTAL P.02 ATTACHMENT L REQUIRED ELECTRONIC FORMAT 0 C.> Please refer to the Watershed Monitoring Section's (WMS) Field Database Data Dictionary Version 2.0 for data element definitions. FORMAT FOR WMS STATION DATA: NAME TYPE TOTAL CHARACTERS DECIMAL OR DIGITS DIGITS *STATION_ID CHARACTER 16 N/A *STATION CHARACTER 25 N/A ALIAS ID CHARACTER 50 N/A * COUNTYNAME CHARACTER 20 N/A *AGENCYCODE CHARACTER 4 N/A *USGS HYDRO CHARACTER 8 N/A *WB_TYPE CHARACTER 30 N/A *WATERBODY CHARACTER 40 NIA *LATITUDE CHARACTER 10 N/A *LONGITUDE CHARACTER 10 N/A *LOC_METHOD CHARACTER 4 N/A *LOC DATUM CHARACTER 1 N/A COMMENT1 CHARACTER 80 N/A COMMENT2 CHARACTER 80 N/A COMMENTS CHARACTER 80 N/A An asterisk(*) in front of a field name indicates that the field is required for data transfer. Explanations of each of the above fields are available in the Watershed Monitoring Section Data Management Standard Operating Procedures And Data Dictionaries document. ACCEPTABLE MAGNETIC MEDIA FOR GWIS DATA EXCHANGE: 1. Floppy diskettes: MS DOS format 1.44 megabyte 3 1/2 inch 2. iomega 100 Megabyte Zip disks 3. 650 / 700 Megabyte CD -ROM disks Data transfer via FTP or e-mail attachment is also acceptable. 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C'4 O O 0 u d a w SURFACE WATER TV NETWORK So.uth Flor.Ya Water Management Diat#ct 17 sites OCALE 5 IQ M 30 40 M MILES 1; 4-0 5a I-11.0 FAETEn O oA Rf CL JD z U LL) Q M-11, EXHIBIT 2 SURFACE WATER TEMPORAL VARIABILITY (SWTV) NETWORK Monitoring Indicator /Analyte list FIELD INDICATORS LABORATORY ANALYTES Water Temperature Sodium pH Potassium Specific Conductance (fresh water) and /or Salinity (saline water) Calcium Magnesium Dissolved Oxygen (DO) Chloride Stage Fluoride Velocity Sulfate Time Nitrate + Nitrite Date Ammonia Secchi Depth Total Kjeldahl Nitrogen (TKN) Total Depth Ortho- Phosphate (filtered) Sample Depth Total Phosphorus Total Organic Carbon (TOC) Color Turbidity Total Suspended Solids (TSS) Alkalinity Total Dissolved Solids (TDS) Fecal Coliform Enterococci Chlorophyll -a (lakes and non - wadeable rivers only) ATTACHMENT M 16 C3 GLOBAL POSITIONING SYSTEM (GPS) STANDARDS* Introduction In 1995, the DEP Division of Water Facilities purchased 22 Trimble GPS units at a cost of over $11,000 each. These units are capable of collecting data in several different ways that produce different levels of accuracy. GPS locational data has also been collected using other brands and models of GPS units. Simply stating that locational data was collected with a GPS unit does not give the user enough information to use the data to its fullest potential. It has become apparent that consistency is needed and it would be desirable to develop some standards for the use of GPS equipment to maintain the utility of any data collected. As the technology progresses, highly accurate data is becoming easier to achieve. As more local governments obtain parcel maps, the need for our data to be accurate increases. There is a wide variety of GPS activities in the Department, therefore according to the Department GPS Standards, each program is required to adopt specific operational procedures. The following operational procedures have been adopted by the DEP Division of Water Facilities. These procedures were developed by a committee, composed of representatives from each of the Bureaus, which included a wide variety of users of both GPS data and the GPS equipment. This document refers to GPS locational data only. Definition of terms: Resultant Accuracy -the accuracy of a position, line or area feature that includes a combination of error caused by GPS data collection, human error, and error introduced by datum conversion ( X percentage of time the position is within Y meters of truth). PDOP- Position Dilution of Precision, refers to a measure of the geometry of the satellites in the sky. A low PDOP means that the satellites are oriented in such a way to give you a good (accurate) position. * Condensed from the DEP Division of Water Facilities' Global Positioning System Standards document DEP Agreement No. G0029, Attachment M, Page 1 of 5 6 C,3 GPS- Global Positioning System, refers to method of obtaining accurate latitude and longitude information using Department of Defense Satellites. GPS Locational Data- Data that was collected using a GPS unit, specified with a minimum accuracy of 12.2 meters for the purposes of this document (5.0 meters for data collected for the Ambient Monitoring Program). GIS- Geographic Information Systems; refers to a variety of software and hardware that have the ability to display, store, analyze and output geographically referenced spatial data. Point feature- Anything that can be represented as a point on a map, e.g., well, valve, manhole covers. Line feature- Anything that can be represented as a line on a map, e.g., roads, pipes, boundaries. Area feature- Anything that can be represented as a polygon with area on a map, e.g., wetlands, ponds, buildings. Requirements: Accuracy Standards The accuracy standard for GPS data collection for the Ambient Monitoring Program shall be 5 meters. Methodology /Equipment Recognizing that these accuracy standards can be met using different equipment, there is no standard make or model of GPS equipment that must be used. However, several requirements for equipment must be followed: 1) Real -time collection method, being more cost and time effective, shall be used whenever possible. Post processing of GPS data is acceptable when signal deficiencies prohibit real time differential correction. As technology improves, other methods may be assessed and added to this document.' 2) The GPS receiver used shall have a minimum of eight channels. If selective availability is eliminated, accuracy of non - differentially corrected data will need to be reassessed. DEP Agreement No. G0029, Attachment M, Page 2 of 5 3) The Division reserves the authority to test the validity of accuracy of all GPS equipment used to collect GPS locational data for the Division. 4) Every effort shall be made to use the GPS equipment to its fullest capability where feasible. 5) All equipment shall have: a signal to noise ratio filter, PDOP filter, Elevation mask filter, and shall be able to average the required minimum number of positions to create a point feature. Collectinq point features There are three different ways to collect the data necessary to describe a point feature: 1) Data collected at the location; 2) Data collected off of the location, adjusted for offset; 3) Data collected off of the location, not adjusted for offset (not to exceed program specified limits). Offsets in Point features: Offsets should only be considered when collecting data that is further than 5 meters from the actual feature. Offsets shall be made using a tape measure and compass, keeping in mind that compass accuracy is dependent on large metal objects and power lines. A maximum distance of 25 meters should not be exceeded without the use of additional equipment such as an inclinometer, laser or optical range finder. Vertical distance measurements and or inclination may be estimated when offset is under 25 meters. All horizontal distances shall be measured. All offset measurements with electronic devices must be made twice. This only takes seconds and provides an acceptable basis of comparison or error check. Laser or optical range finders are fast and very accurate when used correctly, but can often miss their target. By their nature, these instruments require a very good aim. The list above is the order in which data collection is preferred. For• example, collecting data at the location is the most desirable. If this is not possible, use an offset feature of the equipment and make the correction. The third option is the last choice and is not desirable, but it is understood that it may be the only DEP Agreement No. G0029, Attachment M, Page 3 of 5 option in some cases. All of these scenarios must have the resultant accuracy of the data within 5 meters. Operational Procedures: Training Proper training and maintenance of equipment is vital to the quality of the data. Annual training is necessary to keep GPS skills current. A training and certification program should be established to insure all users of GPS are competently trained. In support of this, the Division of Water Facilities has a GPS Coordinator to oversee that the above requirements can and will be met. Navigation If it is desirable to navigate back to a point feature, it is recommended that height above ellipsoid (HAE) be recorded for each point. This field is intrinsic in most files created when the original GPS data is collected by the unit. Minimum Settings All GPS units used to collect data for the DEP Division of Water Facilities should be configured with the following minimum settings: PDOP <6.0 Signal -To -Noise Ratio >6.0 Elevation mask 150 Minimum positions ?25 Minimum of 4 satellites 1 second Logging interval of point features Coordinate system must be latitude /longitude Maintenance of raw data The following fields should be maintained in raw data files. These areas should be addressed in storing and the retrieval of GPS data: Accuracy DEP Agreement No. G0029, Attachment M, Page 4 of 5 1,6 r,3 Latitude /Longitude Datum (recommend WGS 84 *) Height Above Ellipsoid (Necessary for accurate navigation) The only way to assure the effective storage of this data is to archive the raw data files. Archival copies of the original GPS data collected from the unit shall be maintained, and provided to DEP Ambient Monitoring Section along with other field data collected for the Program. The standard datum for GPS locational data shall be WGS 84. Conversions shall not be made to the archival copies because they will introduce error. Quality Assurance and Quality Control Quality control can be accomplished by periodic point feature collection of high accuracy survey marks. Six month intervals and no more than 5 meters deviation from such survey point are recommended. Quality control can be accomplished by the collection of duplicate point features of a given high accuracy survey mark. The deviation between points shall be no more than 2.5 meters. Additional Comments: Trimble GPS units will be available on temporary loan to Contractors who do not have access to appropriate GPS hardware. Training in the use of these units will be provided by DEP for Ambient Program contract staff. Technical support / questions regarding the above requirements, equipment loans and training for the Ambient Monitoring Program should be directed to: Primary contact: Andy Roach, (850) 921 -9923; SUNCOM 291 -9923; Andrew. Roach@dep.state.fLus Secondary contact: Tom Biernacki, (850) 921 -9595; SUNCOM 291 -9595; Thomas.Biernacki @dep.state.fl.us DEP Agreement No. G0029, Attachment M, Page 5 of 5 EXHIBIT "M" 160 DISTRICT CONTRACT N0. C -13803 DEP CONTRACT NO. GW229 FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION CONTRACT FOR SURFACE WATER AND GROUND WATER SAMPLING FOR THE STATUS NETWORK AND GROUND WATER TEMPORAL VARIABIITY NETWORK This Contract is made and entered into between the FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION, whose address is 3900 Commonwealth Boulevard, Tallahassee, Florida 32399 -3000, hereinafter referred to as the DEP, and the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, whose address is P.O. Box 24680, West Palm Beach, Florida 33416 -4680, hereinafter referred to as the CONTRACTOR. WITNESSETH: WHEREAS, the DEP has received Section 106 (CFDA 66.419) grant funds from the U.S. Environmental Protection Agency (EPA) for Surface and Groundwater projects; and, WHEREAS, the DEP wishes to use state funds as match to the Section 106 grant funds for the collection and interpretation of water quality data from confined and unconfined waters; and, WHEREAS, the DEP has determined that the relationship between the CONTRACTOR and the DEP is that of a vendor; and, WHEREAS, the CONTRACTOR possesses the skills, knowledge and other resources necessary to perform these services. NOW, THEREFORE, in consideration of the premises and the mutual covenants herein contained, and for other good and valuable consideration, the DEP agrees to employ the CONTRACTOR and the CONTRACTOR agrees to perform all work described herein, or hereinafter authorized, upon the terms and conditions stated. SECTION I - SCOPE OF THE PROJECT A. General Provisions The CONTRACTOR shall perform the services and specific responsibilities as set forth in Attachment A, entitled "Scope of Services ", attached hereto and made a part hereof. B. General Responsibilities of the CONTRACTOR The CONTRACTOR is responsible for the professional quality, technical accuracy, timely completion and coordination of all designs, drawings, specifications, reports and other services furnished by the CONTRACTOR under this Contract. If the Contract involves environmental measurements or data generation, the CONTRACTOR shall comply with EPA quality assurance requirements in 40 CFR 30.54 or 31.45, as applicable. The CONTRACTOR shall, without additional compensation, correct or revise any errors, omissions or other deficiencies in its designs, drawings, specifications, reports and other services. 2. The CONTRACTOR shall perform the professional services necessary to accomplish the work specified in this Contract in accordance with this Contract and applicable EPA requirements in effect on the date of execution of the assistance Contract for this project. DEP Contract No, GW229, Page 1 of 12 ` 16C3' � 1, 3. The DEP's or EPA's approval of drawings, designs, specifications, reports and incidental work or materials furnished hereunder shall not in any way relieve the CONTRACTOR of responsibility for the technical adequacy of its work. Neither the DEP's nor EPA's review, approval, acceptance or payment for any of the services shall be construed as a waiver of any rights under this Contract or of any cause for action arising out of the performance of this Contract. 4. The CONTRACTOR shall be, and shall remain, liable in accordance with applicable law for all damages to the DEP or EPA caused by the CONTRACTOR's negligent performance of any of the services furnished under this Contract, except for errors, omissions or other deficiencies to the extent attributable to the DEP, DEP- furnished data or any third party. The CONTRACTOR shall not be responsible for any time delays in the project caused by circumstances beyond the CONTRACTOR's control. 5. The CONTRACTOR's obligations under this clause are in addition to the CONTRACTOR's other express or implied assurances under this Contract or State law and in no way diminish any other rights that the DEP may have against the CONTRACTOR for faulty materials, equipment, or work. 6. When issuing statements, press releases, requests for proposals, bid solicitations, or other documents related to this project, the CONTRACTOR shall clearly state in each document: (1) the percentage of the cost of the project supported by EPA funding, and (2) the dollar amount of the EPA's support of the project. 7. The CONTRACTOR agrees to ensure that all conference, meeting, convention, or training space funded in whole or in part with federal funds complies with The Hotel and Motel Fire Safety Act of 1990. SECTION II - SCHEDULE OF WORK This Contract is effective on the date of execution or July 1, 2002, whichever date is later, and shall remain in effect until June 30, 2003, by which date all requirements shall have been completed. This Contract may be renewed for up to two additional one -year periods. Renewal of this Contract shall be in writing and subject to the same terms and conditions of this Contract. All renewals are contingent upon satisfactory performance by the Contractor and the availability of funds. SECTION III - REPORTS REQUIRED A. Recycled Paper Pursuant to EPA Order 1000.25, dated January 24,1990, the CONTRACTOR agrees to use recycled paper for all reports which are prepared as a part of this Contract. This requirement does not apply to reports which are prepared on forms supplied by EPA. This requirement applies even when the cost of recycled paper is higher than that of virgin paper. B. Reports The CONTRACTOR shall submit progress reports as required in Attachment A -in accordance with the schedule therein. A comprehensive final report shall be submitted no later than the completion date of the Contract. The CONTRACTOR's final report shall include the following statement (Note: insert actual dollar costs in appropriate blank spaces): DEP Contract No. GW229, Page 2 of 12 _u3 "This project and the preparation of this report (or booklet, pamphlet, etc as appropriate) was funded in part by a Section 106 Water Pollution Control Program grant from the U.S. Environmental Protection Agency (US EPA) through a contract with the Bureau of Watershed Management of the Florida Department of Environmental Protection. The total cost of the project was , of which $ or _ percent was provided by the US EPA." The CONTRACTOR agrees to provide a copy of any draft report and /or final report to the DEP before making, or allowing to be made, a press release, publication, or other public announcement of the project's outcome. This shall not be construed to be a limitation upon the operation and applicability of Chapter 119, Florida Statutes. SECTION IV - COMPENSATION A. As consideration for the services rendered by the CONTRACTOR under the terms of this Contract, the DEP shall pay the CONTRACTOR on a fixed price basis for the services outlined in Attachment A, Scope of Services. For the initial term of this Contract beginning upon execution or July 1, 2002, whichever is later, and ending June 30, 2003, the CONTRACTOR shall be compensated the fixed price amount of $140,458 for the services described in Attachment A. B. The State of Florida's performance and obligation to pay under this Contract is contingent upon an annual appropriation by the Legislature and continuation of other funding presently anticipated, without liability for anticipated profits for unfinished work. SECTION V - PAYMENTS A. The CONTRACTOR shall invoices every three (3) months as required in Attachment A. Invoices shall be based on a percentage of completion basis, with the exception of Task V, which shall be billed in total under the final invoice for each service period. Each invoice must be submitted in detail sufficient for a proper pre -audit and post -audit thereof. All travel and incidental expenses are included in the fixed price amount of this Contract. The final invoice must be submitted no later than the date specified in Attachment A to assure the availability of funding for final payment. B. Five copies of each invoice, including appropriate backup documentation, shall be submitted to: Department of Environmental Protection Division of Water Resource Management Bureau of Watershed Management Attn: Tracy Wade (MS #3525) 2600 Blair Stone Road Tallahassee, Florida 32399 -2400 C. Pursuant to Florida Statutes, the DEP's Contract Manager shall have five (5) working days, unless otherwise specified herein, to inspect and approve the services for payment; the DEP must submit a request for payment to the Florida Department of Banking and Finance within twenty (20) days; and the Department of Banking and Finance is given ten (10) days to issue a warrant. Days are calculated from the latter date the invoice is received or services received, inspected, and approved. Invoice payment requirements do not start until a proper and correct invoice is received. Invoices which have to be returned to a Contractor for correction(s) will result in a delay. in the payment. A Vendor Ombudsman has been established within the Department of Banking and Finance who may be contacted if a contractor is experiencing problems in obtaining payment(s) from a State of Florida agency. The Vendor Ombudsman may be contacted at 850/410 -9724 or 1- 800 - 848 -3792. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW229, Page 3 of 12 1bC3�y D. In accordance with Section 215.422, Florida Statutes, the DEP shall pay the CONTRACTOR interest at a rate as established by Section 55.03(1), Florida Statutes on the unpaid balance, if a warrant in payment of an invoice is not issued within forty (40) days after receipt of a correct invoice and receipt, inspection, and approval of the goods and services. Interest payments of less than $1 will not be enforced unless a contractor requests payment. The interest rate established pursuant to Section 55.03(1), Florida Statutes, may be obtained by calling the Department of Banking and Finance, Vendor Ombudsman at the telephone number provided above, or the Department's Procurement Section at (850) 922 -5942. E. Upon satisfactory completion of the work performed under this Contract, as a condition before final payment under this Contract or as a termination settlement under this Contract, the CONTRACTOR shall execute and deliver to the DEP, using Attachment B - Release of Claims by Contractor on EPA Subagreement, a release of all claims against the DEP arising under, or by virtue of, this Contract, except claims which are specifically exempted by the CONTRACTOR to be set forth therein. Unless otherwise provided in this Contract by State law or otherwise expressly agreed to by the parties to this Contract, final payment under this Contract or settlement upon termination of this Contract shall not constitute a waiver of the DEP's claims against the CONTRACTOR or the CONTRACTOR's sureties under this Contract or applicable performance and payment bonds. Release of claims in this section shall refer to contract claims. F. This Contract is subject to availability of funds or continuation of funding anticipated at the time of execution. Should funding be discontinued or reduced, the Contract will be terminated or amended, as appropriate. In this event, the CONTRACTOR shall be compensated for work or services satisfactorily completed. SECTION VI - MANAGEMENT The DEP's Contract Manager is Tracy Wade, Telephone Number (850) 414 -8550. The CONTRACTOR's Contract Manager is Carole Maddox, Telephone Number (561) 753 -2400, ext. 4758. All matters shall be coordinated with or directed to the appropriate Contract Managers for action or disposition. SECTION VII - TERMINATIONS A. This Contract may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Contract through no fault of the terminating party, provided that no termination may be effected unless the other party is given: (1) not less than 10 calendar days' written notice (delivered by Certified Mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultation with the terminating party prior to termination. B. This Contract may be terminated in whole or in part in writing by either party for its convenience., provided that the other party is given: (1) not less than 10 calendar days' written notice (delivered 'ny Certified Mail, return receipt requested) of intent to terminate, and (2) an opportunity for consultatioil with the terminating party prior to termination. C. If termination for default is effected by the DEP an equitable adjustment in the price provided for in this Contract shall be made, but (1) no amount shall be allowed for anticipated profit on unperformed services or other work, and (2) any payment due to the CONTRACTOR at the time of the termination may be adjusted to cover any additional costs to the DEP because of the CONTRACTOR's default. If termination for default is effected by the CONTRACTOR, or if termination for convenience is effected by the DEP the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to the CONTRACTOR for services rendered and expenses I bf C 3 " incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the CONTRACTOR relating to commitments which had become firm prior to the termination. D. Upon receipt of a termination action under paragraphs A or B above, the CONTRACTOR shall: (1) promptly discontinue all affected work (unless the notice directs otherwise), and (2) deliver or otherwise make available to the DEP all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by the CONTRACTOR in performing this Contract, whether completed or in process. E. Upon termination under paragraphs A or B above, the DEP may take over the work or may award another party a contract to complete the work. F. If, after termination for failure of the CONTRACTOR to fulfill contractual obligations, it is determined that the CONTRACTOR had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of the DEP. In such event, adjustment of the Contract price shall be made as provided in paragraph C of this section. SECTION VIII - REMEDIES All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of the DEP or his designated representative, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of the Contract, the prosecution and fulfillment of the services hereunder and the character, quality, amount and value thereof, and the Secretary's decision upon all claims, questions, and disputes shall be final, conclusive and binding upon the parties hereto, to the extent provided by Florida law. SECTION IX - LIABILITY Each party hereto agrees that it shall be solely responsible for the negligent or wrongful acts of its employees and agents. However, nothing contained herein shall constitute a waiver by either party of its sovereign immunity or the provisions of Section 768.28, Florida Statutes. SECTION X - INTEREST OF CONTRACTOR The CONTRACTOR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Contract. The CONTRACTOR further covenants that in the performance of this Contract no person having such interest shall be employed. SECTION XI - SUBCONTRACTING A. The CONTRACTOR is hereby authorized to subcontract with Collier County, Palm Beach County, Broward County, Polk County, Dade County and Lee County. The CONTRACTOR shall not subcontract, assign, or transfer any other work under this Contract without the prior written consent of the DEP. When applicable, and upon receipt of such consent in writing, the CONTRACTOR shall cause the names of the firms responsible for such portions of the work to appear on such work. B. The CONTRACTOR agrees to notify the DEP of all subcontracts no less than ten days prior to the effective date of the subcontracts for the purpose of approval by the DEP. The CONTRACTOR agrees to provide the DEP with an executed copy of all subcontracts within ten days after the effective date of the Contract. C. The CONTRACTOR agrees to be responsible for the fulfillment of all work elements included in the subcontracts and agrees to be responsible for the payment of all monies due under any 16C3- subcontract. The CONTRACTOR shall require all subcontractors to hold the DEP and the EPA harmless from any liability or damages arising under or from any subcontract hereinunder, to the extent provided by Florida law. D. Pursuant to the Lobbying Disclosure Act of 1995, the CONTRACTOR agrees to refrain from entering into any subcontracts under this Contract with any organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, unless such organization warrants that it does not, and will not, engage in lobbying activities prohibited by the Act as a special condition of the subcontract. SECTION XII - MBE/WBE AND SMALL B_ SINESS UTILIZATION A. The CONTRACTOR agrees to comply with the requirements of EPA's Program for Utilization of Small, Minority and Women's Business Enterprises in procurement under this Contract. The CONTRACTOR shall ensure, to the fullest extent possible, that at least the negotiated fair share percentages of Federal funds for subcontracts for supplies, construction, equipment or services are made available by the CONTRACTOR to organizations owned or controlled by socially and economically disadvantaged individuals, women and historically black colleges and universities. B. The CONTRACTOR agrees to include in their bid documents, and require all of its subcontractors to include in their bid documents, the fair share percentages set forth below. The negotiated fair share commitments for the State of Florida are as follows: State Revolving Fund Construction: 11% MBE and 3 %WBE (both SRF) Architectural & Engineering Services: 10% MBE and 15% WBE Commodities: 7% MBE and 17% WBE Contractual: 14% MBE and 36% WBE Construction: 10% MBE and 11% WBE (non SRF) C. To evaluate compliance with the "Fair Share" policy, the CONTRACTOR also agrees to comply with the six affirmative steps or positive efforts stated in 40 CFR 30.44(b), 40 CFR 31.36(e), or 40 CFR 35.6580, as appropriate, and must retain all records documenting the CONTRACTOR's and all its subcontractor's good faith efforts. D. In the event that the CONTRACTOR does not want to rely on the applicable State's MBE/WBE goals, the CONTRACTOR agrees to submit proposed MBE/WBE goals based on availability of qualified minority and women -owned businesses to do work in the relevant market for construction, services, supplies and equipment. "Fair share" objectives must be submitted to the MBE/WBE Coordinator, Grants Management Office within thirty (30) days of Contract execution. It is expected that EPA approval /disapproval of the CONTRACTOR's MBE/WBE objectives will be provided within thirty (30) days of submission to the EPA Grants Management Office. - SECTION XIII - SMALL AND RURAL BUSINESS UTILIZATION In accordance with Section 129 of Public Law 100 -590, the Small Business Administration Reauthorization and Amendment Act of 1988, the CONTRACTOR agrees to utilize, and to encourage its subcontractors under this Contract to utilize, small businesses located in rural areas to the maximum extent possible. The CONTRACTOR agrees to follow the six affirmative steps stated in 40 CFR 30.44(b), 31.36 or 35.6580, as appropriate, in the award of any subcontracts under this Contract. It is understood and agreed that compliance with this requirement will be monitored during management review conducted by the EPA. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK IIFp.!`nnhr KLr1- GW292 RAW R of 19 _ SECTION XIV - NOTICE Any notice or other written communication between the parties shall be considered delivered when posted by certified mail or delivered in person to the Contract Manager. SECTION XV - PERSONNEL A. To the extent required by law, the CONTRACTOR will be self- insured against, or will secure and maintain during the life of this Contract, Workers' Compensation Insurance for all of his employees connected with the work of this project and, in case any work is subcontracted, the CONTRACTOR shall require the subcontractor similarly to provide Workers' Compensation Insurance for all of the latter's employees unless such employees are covered by the protection afforded by the CONTRACTOR. Such self- insurance program or insurance coverage shall comply fully with the Florida Workers' Compensation law. In case any class of employees engaged in work under this Contract is not protected under Workers' Compensation statutes, the CONTRACTOR provide, and cause each subcontractor to provide, adequate insurance satisfactory to the DEP, for he protection of his employees not otherwise protected. B. The CONTRACTOR warrants and represents that it is self- funded for liability insurance, appropriate and allowable under Florida law, and that such self - insurance offers protection applicable to the CONTRACTOR's officers, employees, servants and agents while acting within the scope of their employment with the CONTRACTOR. C. No person, on the grounds of race, creed, color, national origin, age, sex, or disability, shall be excluded from participation in; be denied the proceeds or benefits of; or otherwise be subjected to discrimination in performance of this Contract. D. An entity or affiliate who has been placed on the discriminatory vendor list may not submit a bid on a contract to provide goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not award or perform work as a contractor, supplier, subcontractor or consultant under contract with any public entity, and may not transact business with any public entity. The Florida Department of Management Services is responsible for maintaining the discriminatory list and intends directed to FloridatDepartmentt of Management regarding the discriminatory Services, Office of Supplier Diversity at 850/487 -0915. SECTION XVI - DOCUMENTS AND NON - EXPENDABLE EQUIPMENT A. Ownership of Documents All reports produced and other data gathered by the CONTRACTOR for the purpose of this Contract shall become the joint property of the DEP and the CONTRACTOR without restrictions or limitations upon their use and shall be made available by the CONTRACTOR at any time upon request of the DEP. B. Non - Expendable Equipment and Personal Property For the first year of services, the purchase of non - expendable equipment costing $1,000 or more is not authorized. However, the DEP reserves the right to authorize the purchase of equipment for future periods of services. Upon satisfactory completion of this Contract, the CONTRACTOR may retain ownership of the authorized non - expendable personal property or equipment purchased under this Contract. However, the CONTRACTOR shall complete and sign a Property Reporting 160 10 Form, provided as Attachment C and forward it along with the appropriate invoice to the DEP's Contract Manager. The following terms shall apply: A. The CONTRACTOR shall f have he contractual arrangement as personal property or equipment for the authorized purposes o as long as required quired works being performed. B. The CONTRACTOR is responsible for the implementation of adequate maintenance procedures to keep the non - expendable personal property or equipment in good operating condition. C. The CONTRACTOR is responsible for any loss, damage, or theft of, and any loss, damage or injury caused by the use of, non - expendable personal property or equipment purchased with state funds and held in his possession for use in a contractual arrangement with the DEP. SECTION XVII - SUPERSESSION The DEP and the CONTRACTOR agree that this and other appropriate clauses in 40 CFR 31.36 apply to that work eligible for EPA assistance to be performed under this Contract and that these clauses supersede any conflicting provisions of this Contract. SECTION XVIII - PRIVITY OF CONTRACT This Contract is expected to be funded in part with funds from the U.S. Environmental Protection Agency. Neither the United States nor any of its departments, agencies or employees is, or will be, a party to this Contract or any lower tier subcontract. This Contract is subject to regulations contained in 40 CFR, Part 31.36, in effect on the date of the assistance award for this project. SECTION XIX - CHANGES IN SERVICE REQUIREMENTS A. The DEP may at any time, by written order designated to be a change order, make any change in the work within the general scope of the Contract (e.g., specifications, time, method or manner of performance, requirements, additional laboratory analyses, etc.). All change orders are subject to the mutual Contract of both parties as evidenced in writing. Any change order which causes an increase or decrease in the CONTRACTOR's cost or time shall require an appropriate adjustment and modification (amendment) to this Contract. B. No services for which the CONTRACTOR will charge an additional compensation shall be furnished without the written authorization of the DEP. SECTION XX - AUDIT: ACCESS TO RECORDS A. The CONTRACTOR shall maintain books, records, documents and other evidence directly pertinent to performance on EPA funded work under this Contract in accordance with generally accepted accounting principles and practices consistently applied, and 40 CFR, Part 30 or 31, as applicable, in effect on the date of execution of this Contract. The CONTRACTOR shall also maintain the financial information and data used in the preparation or support of the cost submission required under 40 CFR 31.36, as applicable, for any negotiated contract or change order and a copy of the cost summary submitted to the DEP. The United States Environmental Protection Agency, the Comptroller General of the United States, the United States Department of Labor, the DEP and the State or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. The CONTRACTOR will provide facilities for such access and inspection. _.__ rJ=0 t- __+.-,.-♦ %AQ7Q PnrIQ R of 19 ._ ....._.._....._....._._. 16, C3" B. If this is a formally advertised, competitively awarded, fixed price contract, the CONTRACTOR agrees to make paragraphs A through G of this clause applicable to all negotiated change orders and contract amendments affecting the contract price. In the case of all other types of prime contracts, the CONTRACTOR agrees to include paragraphs A through G of this clause applicable to all contracts awarded in excess of $10,000 at any tier, and to make paragraphs A through G of this clause applicable to all change orders directly related to project performance. C. Audits conducted under this provision shall be in accordance with generally accepted auditing standards and with established procedures and guidelines of the reviewing or audit agency(ies). D. The CONTRACTOR agrees to disclose all information and reports resulting from access to records under paragraphs A and B of this provision and to any of the agencies referred to in paragraph A. E. Records under paragraphs A and B above shall be maintained by the CONTRACTOR during performance on EPA assisted work under this Contract for the time periods specified in 40 CFR, Part 30 or 31, as applicable. In addition, those records which relate to any controversy arising under an EPA assistance Contract, litigation, the settlement of claims arising out of such performance or to costs or items to which an audit exception has been taken shall be maintained by the CONTRACTOR for the time periods specified in 40 CFR, Part 30 or 31, as applicable. F. Access to records is not limited to the required retention periods. The authorized representatives designated in paragraph A of this clause shall have access to records at any reasonable time for as long as the records are maintained. G. This right of access clause applies to financial records pertaining to all contracts (except formally advertised, competitively awarded, fixed price contracts) and all contract change orders regardless of the type of Contract. In addition this right of access applies to all records pertaining to all contracts, contract change orders and contract amendments: a) to the extent the records pertain directly to contract performance; b) if there is any indication that fraud, gross abuse or corrupt practices may be involved; or c) if the contract is terminated for default or for convenience. SECTION XXI - COVENANT AGAINST CONTINGENT FEES The CONTRACTOR assures that no person or selling agency has been employed or retained to solicit or secure this Contract upon an Contract or understanding for a commission, percentage, brokerage or contingent fee excepting bona fide employees or bona fide established commercial or selling agencies maintained by the CONTRACTOR for the purpose of securing business. For breach or violation of this assurance, the DEP shall have the right to annul this Contract without liability or, at its discretion, to deduct from the Contract price or consideration, or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee. SECTION XXII - GRATUITIES A. If the DEP finds, after a notice and hearing, that the CONTRACTOR or any of the CONTRACTOR's agents or representatives offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of the DEP, the State or EPA in an attempt to secure a contract or favorable treatment in awarding, amending or making any determinations related to the performance of this Contract, the DEP may, by written notice to the CONTRACTOR, terminate this Contract. The DEP may also pursue other rights and remedies that the law or this Contract provides. However, the existence of the facts on which the DEP bases such findings shall be in issue and may be reviewed in proceedings under Section VIII (REMEDIES) of this Contract. B. In the event this Contract is terminated as provided in paragraph A, the DEP may pursue the same remedies against the CONTRACTOR as it could pursue in the event of a breach of the Contract by nEP yi r:nntrart n (' N_�77� 9 P =ae Q of 1 16C3 the CONTRACTOR, and as a penalty, in addition to any other damages to which it may be entitled by law, be entitled to exemplary damages in an amount (as determined by the DEP) which shall be not less than three nor more than ten times the costs the CONTRACTOR incurs in providing any such gratuities to any such officer or employee. SECTION XXIII - DEBARMENT AND SUSPENSION A. In accordance with Executive Order 12549, Debarment and Suspension (40 CFR 32), the CONTRACTOR certifies that neither it, nor its principals, is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency; and, that the CONTRACTOR shall not knowingly enter into any lower tier contract, or other covered transaction, with a person who is similarly debarred or suspended from participating in this covered transaction, unless authorized in writing by the EPA to the DEP. B. Upon execution of this Contract by the CONTRACTOR, the CONTRACTOR shall complete, sign and return a copy of the form entitled "Certification Regarding Debarments, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Federally Funded Transactions ", attached hereto and made a part hereof as Attachment D. C. As required by paragraphs A and B above, the CONTRACTOR shall include the language of this section, and Attachment D in all subcontracts or lower tier Contracts executed to support the CONTRACTOR's work under this Contract. SECTION XXIV — LOBBYING The CONTRACTOR certifies that no Federal appropriated funds have been paid or will be paid, on or after December 22, 1989, by or on behalf of the CONTRACTOR, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress, in connection with the awarding, renewal, amending or modifying of any Federal contract, grant, or cooperative agreement. If any non - Federal funds are used for lobbying activities as described above, the CONTRACTOR shall submit Attachment E, Standard Form -LLL, "Disclosure Form to Report Lobbying" (attached hereto and made a part hereof), and shall file quarterly updates of any material changes. The CONTRACTOR shall require the language of this certification to be included in all subcontracts, and all subcontractors shall certify and disclose accordingly. SECTION XXV - PUBLIC ENTITY CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, F.S., for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list. SECTION XXVI - UNILATERAL CANCELLATION This Contract may be unilaterally canceled by the DEP for refusal by the CONTRACTOR to allow public access to all documents, papers, letters, or , other material made or received by the CONTRACTOR in conjunction with this Contract, unless the records are exempt from Section 24(a) of Article I of the State Constitution and Section 119.07(1), Florida Statutes. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW229, Page 10 of 12 1'or 03 _Aq SECTION XXVII - COMPLIANCE WITH HEALTH AND SAFETY REGULATIONS The CONTRACTOR shall comply with all applicable federal, state and local rules and regulations in providing services to the DEP under this Contract. The CONTRACTOR acknowledges that this requirement includes compliance with all federal, state and local health and safety rules and regulations. SECTION XXVIII - CHOICE OF LAW /FORUM The parties hereby agree that any and all actions or disputes arising out of this Contract shall be governed by the Laws of the State of Florida. Any action hereon or in connection herewith brought by the DEP shall be brought in Palm Beach County, Florida. Any action hereon or in connection herewith brought by the CONTRACTOR shall be brought in Leon County, Florida. SECTION XXIX - SEVERABILITY In the event one or more provisions of this Contract are declared invalid, the balance of this Contract shall remain in full force and effect. SECTION XXX - ENTIRE CONTRACT It is expressly understood and agreed that this Contract states the entire Contract and that the parties are not bound by any stipulations, representations, Contracts, or promises, oral or otherwise, not printed or inserted in this Contract. The CONTRACTOR agrees that no representations have been made by the DEP in order to induce the CONTRACTOR to enter into this Contract other than as expressly stated in this Contract. This Contract cannot be changed orally, nor by any means other than by written amendments expressly referencing this Contract and signed by all parties hereto, unless otherwise provided herein. SOTTA FLORIDA WATER MANAGEMENT DISTRICT Date: P.O. BOX 24680 =BeKAed@rs4:4®s€k 33416 -4680 West Palm Beach, Florida 33443= FEID No.: 59- 6015290 roved a o form and legality: _ .►"i�.f�l �l Trig._ _ � - .;z-- WMD RPjPEtT AP OVED DATE SFWMD Attorney FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION By: Director, Division of Water Resource Management or designee Date: DEP Contracts Administrator Approved as to form and legality: DEP Attorney REMAINDER OF PAGE INTENTIONALLY LEFT BLANK _. r)FP Cnntrn& No GW229. Panp 11 of 12 __.__ 16C3 ' List of Attachments /Exhibits included as part of this Contract: Specify Letter/ Type Number Description (including number of pages) Attachment A Scope of Services (8 pages) Attachment B EPA Release of Claims Form (1 page) Attachment C Property Reporting Form (1 page) Attachment D Certification Regarding Debarment/Suspension (2 pages) Attachment E Disclosure of Lobbying Activities (2 pages) Attachment F Status and Temporal Variability Monitoring Networks Sampling Manual (91 pages) Attachment G Instructions for Sample Shipment (1 page) Attachment H Required Electronic Format (3 pages) Attachment I Microlanduse Form (1 page) Attachment J GPS Standards (5 pages) Exhibit 1 Status Network Sampling Index Periods (1 page) Exhibit 2 Status Network Reporting Units (1 page) Exhibit 3 Watershed Monitoring Basins (1 page) Exhibit 4 Large Rivers and Canals (1 page) REMAINDER OF PAGE INTENTIONALLY LEFT BLANK I 'of C3 ATTACHMENT A Scope of Services (Service Period. July 1, 2002 or Contract Execution, whichever date is later, through June 30, 2003) SOUTH FLORIDA WATER MANAGEMENT DISTRICT The Department of Environmental Protection (DEP) has requested the assistance of the South Florida Water Management District in collecting and interpreting water quality data from confined and unconfined aquifers, rivers, streams and lakes within the boundaries of the Water Management District (WMD), as part of the statewide Integrated Water Resources Monitoring (IWRM) Network. A description of the work to be performed is outlined below: QUALITY ASSURANCE The Contractor and approved subcontracting agencies and entities who will be conducting water quality sampling under this Contract shall follow procedures and methods specified in the DEP "Status and Temporal Variability Monitoring Networks Sampling Manual" (ATTACHMENT F). This replaces the DEP Comprehensive Quality Assurance Project Plan document and supplements. Requests for variance to the procedures outlined In ATTACHMENT F may be submitted to the DEP Watershed Monitoring and Data Management Section QA Office in writing. Variances will be scrutinized on a case -by -case basis. For purposes of this Contract, all sample analysis will be performed by the DEP Central Laboratory under separate agreement with the DEP's Watershed Monitoring and Data Management Section. All samples shall be shipped in accordance with ATTACHMENT G, Instructions for Sample Shipment. STORET All water quality data collected under this Contract shall be submitted to the DEP in an approved standardized electronic format. An example of the approved format is included as ATTACHMENT H. This format will assist the DEP in the preparation of data, collected under this Contract, for entry into STORET using a computer conversion program. The DEP will be responsible for assuring that data collected under this Contract is entered into the STORET system, and for verification of the data before final storage. In addition to the above, a printed copy of the project field data, along with supporting Quality Assurance data, shall be kept and maintained by the Contractor for the duration of this Contract, and provided to DEP upon request. This includes results from any blanks, duplicates, spikes, blind samples and standards. QUALIFIED SAMPLER The Contractor shall ensure that at least one (two if possible) qualified sampler is present during all sample collection. For the purposes of this Contract, a qualified sampler shall be one who has DEP Contract No, GW229. Attachment A. Paae 1 of 8 160 4m taken the USGS sampling course or the DEP Sampling Techniques Workshop within the past five (5) years. CONTRACT TASKS The Contractor shall collect surface and ground water quality samples for the Watershed Monitoring Program within the boundaries of the South Florida Water Management District. Each activity to be performed has been identified and described as a separate task: TASK I - SAMPLE COLLECTION Fixed Price Task Cost: $55,666 Collect an estimated 144 surface water and 109 ground water quality samples from the STATUS Network and Ground Water Temporal Variability (GWTV) Network, and forward to DEP designated lab(s) for analysis. This estimate includes: - Approximately 30 STATUS Network samples from low order streams in the Everglades -West Coast (SF -C) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (August 1 — October 31, 2002); - Approximately 30 STATUS Network samples from large rivers in the Southeast Florida (SF -B) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (May 1 — June 30, 2003); - Approximately 30 STATUS Network samples from small lakes in the Everglades -West Coast (SF -C) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (Effective Date of the Contract — September 30, 2002); - Approximately 30 STATUS Network samples from large lakes in the Everglades -West Coast (SF -C) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (October 1- December 31, 2002); - Approximately 30 unconfined aquifer STATUS Network samples from wells and springs in the Southeast Florida (SF -B) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (April 1 — June 30, 2003); - Approximately 30 confined aquifer STATUS Network samples from wells in the Southeast Florida (SF -B) Integrated Water Resource Monitoring (IWRM) Reporting Unit within the established Index Period (January 1 —March 31, 2003); - Approximately 3 monthly unconfined aquifer GWTV samples from wells in the Everglades - West Coast (SF -C) IWRM Reporting Unit (collected at 25 -35 day intervals) from the Effective Date of the Contract — September 30, 2002); - Approximately 27 monthly unconfined aquifer GWTV samples from wells in the Southeast Florida (SF -B) IWRM Reporting Unit (collected at 25 -35 day intervals) from October 1, 2002 — June 30, 2003); DEP Contract No. GW229, Attachment A, Page 2 of 8 160 - Approximately 1 quarterly confined aquifer GWTV samples from wells in the Everglades -West Coast (SF -C) IWRM Reporting Unit from the Effective Date of the Contract — September 30, 2002; - Approximately 6 newly - installed monitor wells; - Approximately 41 QA samples (20% of total samples). In addition to the above (which requires collection and shipment of water samples to the DEP Laboratory): - Measure field analytes only at approximately 3 monthly unconfined aquifer GWTV sites, and at approximately 3 quarterly confined aquifer GWTV sites (approximately 6 total sites, estimated 54 total site visits). These are the GWTV sites not being sampled during the below - specified time periods for laboratory analytes for the STATUS network: 1) Kissimmee - Okeechobee (SF -A) IWRM Reporting Unit: 1 monthly unconfined aquifer GWTV sites, and 1 confined aquifer GWTV site; from the Effective Date of the Contract — June 30, 2003; 2) Southeast Florida (SF -B) IWRM Reporting Unit: 3 monthly unconfined aquifer GWTV sites, from the Effective Date of the Contract — September 30, 2002; 3) Everglades — West coast (SF -C) IWRM Reporting Unit: 1 monthly unconfined aquifer GWTV site, and 1 quarterly confined aquifer GWTV site, from October 1, 2002 — June 30, 2003; 4) Caloosahatchee — West coast (SF -D) IWRM Reporting Unit: 1 monthly unconfined aquifer GWTV site, and 1 quarterly confined aquifer GWTV site, from the Effective Date of the Contract — June 30, 2003. Ground water sample collection includes: - Completion of electronic microlanduse forms (see ATTACHMENT 1); - Attachment of well identification tags as needed. All water sample collection includes: - On -site analysis for field analytes and field reference samples (see ATTACHMENT H); - Measurement of sample location using differentially- correcting Global Positioning System (DGPS) technology. DGPS units will be provided by DEP if necessary. All DGPS data must meet or exceed DEP protocols for accuracy (ATTACHMENT J), and be provided in DEP - specified electronic format (see ATTACHMENT H); - Physical site data, in electronic format using DEP - specified software. This includes land ownership, depiction of actual sample location relative to GPS measurement point (if offset required), digital photographs, and any additional pertinent information which may potentially affect water quality. Provide sketch maps depicting site location and directions (sketch maps can be submitted on paper or scanned electronically in JPEG format). DEP Contract No. GW229, Attachment A, Page 3 of 8 16C3 Samples shall be collected for all analytes identified in ATTACHMENT F. Samples should be collected during the appropriate Index Period as depicted in EXHIBIT 1. Reporting Units are shown in EXHIBIT 2. All samples shall be shipped in accordance with ATTACHMENT G, Instructions for Sample Shipment. Field audits shall be performed in accordance with ATTACHMEMT F. TASK II — STATUS NETWORK SITE CHARACTERIZATION Fixed Price Per Task Cost: $39,142 Reconnoiter proposed IWRM STATUS Network surface and ground water sampling sites in the Lake Okeechobee and Everglades — West coast Group 1 Basin (EXHIBIT 3) to determine suitability and access. DEP will provide the preliminary site selection lists to the Contractor by August 15, 2002. Lakes and large rivers with boat access, as well as spring and well sites with assured access need not be field reconnoitered prior to sampling. Other potential sites can be reconnoitered prior to or at the time of sampling, as long as sampling occurs within the prescribed Index Period (EXHIBIT 1). "Office" reconnaissance should be performed prior to actual field reconnaissance or sampling, and should be employed to eliminate from sampling consideration sites which are determined to be not sampleable. A list of remaining potentially sampleable proposed sites must be submitted to DEP at least thirty (30) days prior to the beginning of the appropriate Index Period, so that sample container tags can be generated and delivered to the Contractor in a timely manner. RESOURCE TYPES TO BE MONITORED: 1) Small streams and canals; 2) Large rivers and canals (designated in EXHIBIT 4); 3) Lakes; 4) Confined aquifer wells; 5) Unconfined aquifer wells and springs. NUMBER OF SITES: Approximately 30 sites per resource type will be sampled within each selected reporting unit. The list frame for ground water sites includes: 1) DEP Ambient Monitoring Background Network wells; 2) DEP Ambient Monitoring VISA Network wells; 3) Springs; 4) Department of Health (former HRS) Private Well Survey wells; 5) Upgradient "background" wells at DEP permitted facilities; 6) Water Management District Salt Water Intrusion Networks. DEP will supply a list of candidate wells and springs in order of increasing distance from randomly - generated locations within the IWRM Reporting Unit. Only wells within the existing DEP list frame DEP Contract No. GW229, Attachment A. Page 4 of 8 16C3 may be considered as candidate monitoring sites. DEP staff will initiate contact with DEP District staff to obtain permitted facility information. In order to better characterize confined and unconfined ground water resources, DEP requests the assistance of the Contractor in adding any additional wells from existing water management district or other available databases into STATUS Network list frame. Candidate wells should meet the following minimum requirements: 1) Well accessible for sampling; 2) Well location known; 3) Casing material and casing depth known; 4) Total depth known; 5) Screened or open -holed interval known; 6) Well taps only one aquifer. The list frames for surface water sites comes from different sources. The "Gazetteer of Florida Lakes" can be used to determine whether a site is a lake or a stream. Candidate rivers and canals are selected from defined linear features existing in the USEPA's flow - validated National Hydrographic Dataset (NHD). A large river and canal subset is composed of NHD segments corresponding with Florida's 50 major rivers as identified in the December 1989 Florida River Assessment by the Florida Resources and Environmental Analysis Center, located at Florida State University. In addition, staff at various water management districts have identified additional waterbodies to add to the list of large rivers (EXHIBIT 4). The small stream subset is the balance of remaining NHD segments minus coastal segments and those existing "seaward" of a "head of salt" line defined by DEP GIS staff. Regardless of resource, any proposed site rejected during reconnaissance must be documented, and reasons for rejection stated in writing. Rejection of a site shall reference one of the exclusionary criteria listed below, or be mutually agreed to by the Contractor and DEP Contract Manager. Site rejection documentation should be submitted to DEP prior to submittal of field data for the project. SURFACE WATER SELECTION CRITERIA (SITE INCLUSION /EXCLUSION): Inclusion 1) Site accessible either by foot / boat / vehicle; 2) Water present within the water body at the targeted sampling location (or for streams, within 50 meters above or below targeted sampling point); 3) Site is either a small stream, a large river or canal (EXHIBIT 4), or a lake. Exclusion 1) Incorrect resource type (i.e, lake is not referenced in "Florida Lakes Gazetteer'); 2) Changing resource type (i.e., resource type will definitely change prior to scheduled sampling. Example: impoundment of a former river to form a lake); 3) Site falls outside reporting unit; 4) Site located seaward of "head of tide" delineation adopted by DEP and Florida Marine Research Institute (FMRI). Estuaries and tidal portion of rivers will be sampled by FMRI; DEP Contract No. GW229, Attachment A, Page 5 of 8 16C3' 5) Access denied by land owner; or access cannot be gained after three attempts; 6) Sampler cannot get necessary equipment to sampling site; 7) Sampling location cannot be reached within three hours from closest point of access; 8) Lake is dry, or does not meet EMAP lake definition within 50 meters of the random latitude /longitude coordinates; 9) Stream is dry for 50 meters above and below the one meter stream segment closest to the provided list frame latitude /longitude coordinates; 10) Unsafe conditions. If Contractor deems conditions to be unsafe, then he /she shall document the reasons in writing. 2 EMAP Lake Definition: a standing body of water greater than 1 hectare (about 2.5 acres) that has at least 1000 m2 (about 0.25 acre) of open water and is at least 1 m deep at it's deepest point. "Open Water' is defined as water free of emergent vegetation rooted on the bottom of the lake. GROUND WATER SELECTION CRITERIA (SITE INCLUSION /EXCLUSION): Inclusion 1) Site accessible either by foot / boat / vehicle; 2) Well construction information known: total depth, casing depth, casing material, well owner, screen /open hole interval, (optional) existing recent water quality data; 3) Well completed into proper ground water resource type (confined /unconfined); 4) Well present in current list frame. Exclusion 1) Well no longer functions as aquifer sampling device (i.e., destroyed); 2) Well casing damaged or excessively corroded, or if well water quality indicates that well is corroding at depth; 3) Well consistently dry, purges dry or does not recover within 6 hours; 4) Access denied by well owner, or access cannot be gained after three attempts; 5) Access difficult: well cannot be reached within 3 hours from closest point of access; 6) Unsafe conditions. If Contractor deems conditions to be unsafe, then he /she shall document the reasons in writing; 7) Well intercepts the known zone of discharge at a DEP permitted facility. NOTE: Additional exclusionary criteria may be proposed, and will be adopted if mutually agreed to by the Contractor and the DEP Ambient Monitoring staff. RECONNAISSANCE PROCEDURES: 1) Visit sites supplied by DEP and apply appropriate inclusion /exclusion criteria; 2) Obtain landowner permission to reconnoiter and sample site (if necessary); 3) Produce sketch map of site; 4) Take digital photographs of site (recommend 5 photos: north /south /east/west from at or near sampling point, and a photo of the sampling point); DEP Contract No. GW229, Attachment A, Page 6 of 8 1�C3�" 5) Provide written description of site, and whether site is suitable for sampling (see inclusion /exclusion criteria above); 6) Provide items 3) — 5) to DEP Contract Manager in appropriate electronic format (paper sketch map or scanned JPEG- format file OK) for all visited sites, along with owner information (name, address, phone number); 7) GPS site only if necessary for relocation during subsequent sampling. Actual official location should be GPS'ed at the time of sampling. Suggest using flagged tape or other non- destructive marker where appropriate to identify recon sites for subsequent sampling; 8) Lakes: Recon 30 acceptable primary and 5 acceptable alternate sites — locate accessible boat ramp(s). Lake sites known to be both accessible and sampleable need not be physically visited during recon; 9) Small streams and large rivers: Recon 30 acceptable primary and 5 acceptable alternate sites per resource. Large river sites known to be both accessible and sampleable need not be physically visited during recon; 10) Unconfined /Confined wells: Recon 30 acceptable primary and 5 acceptable alternate sites per resource; 11) DEP will provide up to 100 potential sites for reconnaissance, per resource type. Sites MUST BE RECONNOITERED IN THE ORDER PROVIDED, until 35 (30 primary, 5 alternate) sampleable sites are documented. Should fewer than 35 sampleable sites be located within the 100 potential sites provided, then no further reconnaissance will be required, and as many suitable sites as possible (up to 30) will subsequently be sampled. TASK III - NETWORK REFINEMENT Fixed Price Task Cost: $2,000 Contractor staff will assist DEP in refinement and design of surface and ground water sampling networks. Contractor staff will acquire sampling easements as needed. DEP will procure additional gaging stations as needed. Changes to the network shall be mutually agreed upon in writing prior to implementation. Contractor staff will provide updates to well /station information to DEP quarterly as necessary, and will assist DEP staff in detecting and correcting errors or omissions in the well /station databases. TASK IV - DATA MANAGEMENT AND DATA INTERPRETATION Fixed Price Task Cost: $6,000 Contractor staff will edit data supplied to the Contractor and approve distribution to the public via GWIS (Generalized Water Information System) updates. Data review will follow written standard operating procedures and timetables. Field data will be submitted to DEP in approved electronic format (ATTACHMENT H) within 15 days of the end of the sampling event. A sampling project within the STATUS Network is defined as the complete sampling of a resource within one reporting unit. GWTV field data should be submitted with quarterly progress reports. DEP reserves the right to require the use of DEP - supplied field data entry software if data is' not submitted in DEP - approved format. Contractor staff will also review and edit data interpretations regarding Watershed Monitoring Program data. All applicable data will be computerized in DEP- approved format (see ATTACHMENT H). DEP Contract No. GW229, Attachment A, Page 7 of 8 16C3 TASK V - ATTEND PROGRAM MEETINGS AND TRAINING Fixed Price Task Cost: $26,650 One or more Contractor staff will attend three triennial Watershed Monitoring Program meetings. Each of these meetings will last approximately three days. Appropriate Contractor staff will attend up to three other meetings scheduled by DEP such as sampling courses, training workshops, or other meetings as required. TASK VI — ADDITIONAL RESOURCES Total Task Cost: $0.00 DEP will hire and fund two (2) OPS Technicians. One at $30,340.00 /year and the other at $27,000.00 /year to assist the Contractor in performing Contract tasks. The DEP will pay the DEP OPS employees' travel expenses (approximately $6,500.00 /year). TASK VII - REPORTS Fixed Price Task Cost: $11,000 Progress Reports and invoices are to be submitted every three months by Contractor to DEP. Quarterly Quality Assurance Reports, field data and other appropriate documentation should be attached to the Quarterly Progress Reports. A Final Comprehensive Report that summarizes all tasks associated with this Contract, including sampling site updates shall be submitted by the end of the Contract period. REPORTING REQUIREMENTS Each progress report shall indicate work performed during the reporting period, percentage of project completed, work scheduled for the next reporting period, and include quarterly quality assurance reports, problems encountered and planned solutions. PAYMENTS The Contractor shall submit invoices every three (3) months, based on the percentage of overall project completion, in conjunction with progress reports as required herein. A final invoice mush be submitted no later than July 17, 2003, to assure the availability of funding for final payment. The Department shall have fourteen (14) calendar days from receipt of a deliverable to determine satisfactory performance. If said deliverable is acceptable to the Department, the invoice shall be processed for payment with the invoice processing time beginning on the date the Department approved the work product submitted by the Contractor. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW229, Attachment A, Page 8 of 8 EQb ATTACHMENT B RELEASE OF CLAIMS BY CONTRACTOR ON EPA SUBAGREEMENT IN ACCORDANCE with the final payment provisions of DEP Contract No. GW229, the CONTRACTOR hereby releases the DEP and the EPA from any and all claims that may arise under, or by virtue of, the contract, except those claims which may be specifically exempted and set forth herein. Specific Exemptions: (attach additional sheet(s) if necessary) DEP CONTRACT NO.: GW229 CONTRACTOR: SOUTH FLORIDA WATER MANAGEMENT DISTRICT 8894 BELVEDERE ROAD WEST PALM BEACH, FLORIDA 33411 SIGNATURE OF AUTHORIZED INDIVIDUAL DATE TITLE: NOTARY: STATE OF COUNTY OF Sworn to and subscribed before me this day of , 20 Signature of Notary Public Print, Type or Stamp Commissioned Name of Notary Public Personally Known or Produced Identification Type of Identification Produced DEP Contract No. GW229, Attachment B, Page 1 of 1 U z W U F F Q N ran 3L E G ° Z 4 0 G� C ° F U zw O y U o a L wa A � C� c y Q L 4z. u R r^ L Z O O L '+ u G W �+ O ° C y C •� O ca H \ U C v CUtl U U� N y v a o T o U u • y � y T � v v fl ° c H qj a ca C C N co oy s cV ^ C U C C Uw 0 0 U U a o = a, v � �Q V •fl � 5�sv d 76 n 60 d — 0 E t N o n y 0o Q• � ° 6n C yvOz p D U c0 u a a > ro a C ia�s'y C cJ v O � ai � C V v .0 CL O > p 7 CL a o CL lu U E � a Gl c co s R a C y Q 0 a y O L c o', o u r �• E U u O b 4. v s 0 0 Q;, h O ti �o c w O T C. O ca 3 O c U 'G 0 U � N z U W LU z� CIS ao C7 z o - c �a `n O d O O O Cd U O z U 0 u QA i (- c4 ' o c U o O a CJ c v a u 0 o: � c E v a cn R �• 7 40 O Q d 'z tlo o � O u 0 y 40 A i0 �r O U o O H V ° ° w a+ O oo a a O U 0 U � 3 z y a ¢ Y 0 W Z V R 0 R E v CL v o u E, a U W 7 C cd C c 3 cr aEi c Gl c co s R a C y Q 0 a y O L c o', o u r �• E U u O b 4. v s 0 0 Q;, h O ti �o c w O T C. O ca 3 O c U 'G 0 U � N z U CIS ao o - c - O O O L a U u QA i ' o c U o � >, CJ c v a 0 C cca � c E v R �• 7 40 O w tlo o � O u c � y 40 A i0 w O o � H V ° ° w a+ O oo a ai O U � 3 u y Y 0 V R ¢ R E v CL v o u E, a w 7 C cd N O O � c 3 cr aEi c y L y m p 00 .G •L ¢ O w O. z Q O � Z d tO U ¢ ¢ z ca z° L ¢ > C W F z_ Z z a O Z U i W ` UJ W o C CIUCU '� �,,r C 3 ATTACHMENT D CERTIFICATION REGARDING DEBARMENTS, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION -LOWER TIER FEDERALLY FUNDED TRANSACTIONS DEP CONTRACT NO: GW229 The undersigned hereby certifies that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 2. The undersigned also certifies that it and its principals: (a) Have not within a three -year period preceding this certification been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State anti -trust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. (b) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph 2.(a) of this Certification; and (c) Have not within a three -year period preceding this certification had one or more public transactions (Federal, State or local) terminated for cause or default. I Where the undersigned is unable to certify to any of the statements in this certification, an explanation shall be attached to this certification. Dated this day of , 20 By Form DEP 55 -220 (01 /01) Authorized Signature /Contractor Typed Name/Title Contractor's Firm Name Street Address Building, Suite Number City /State /Zip Code Area Code /Telephone Number DEP Contract No. GW229, Attachment D, Page 1 of 2 .3 INSTRUCTIONS FOR CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY AND VOLUNTARY EXCLUSION - LOWER TIER FEDERALLY FUNDED TRANSACTIONS 1. 13y signing and submitting this form, the certifying party is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the certifying party knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Environmental Protection (DEP) or agencies with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The certifying party shall provide immediate written notice to the person to which this contract is submitted if at any time the certifying party learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 4• The terns covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this contract is submitted for assistance in obtaining a copy of those regulations. 5• The certifying party agrees by submitting this contract that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier contract, or other covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DEP or agency with which this transaction originated. 6. The certifying party further agrees by executing this contract that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -Lower Tier Covered Transaction," without modification, in all contracts or lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not is proposed for debarment under 48 CFR 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the Nonprocurement List (Telephone No. (202) 501 -4740 or (202) 501- 4873.) Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. Except for transactions authorized under paragraph 5 of these instructions, if a participant in•a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 CFR 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DEP or agency with which this transaction originated may pursue available remedies, including suspension and /or debarment. DEP FORM 55 -220 (01 /01) DEP Contract .No. GW229, Attachment D, Page 2 of 2 16­, C ATTACHMENT E Approved by ONIB 0343 -0046 DISCLOSURE OF LOBBYING ACTIVITIES Complete this form to disclose lobbying activities pursuant to 31 U.S.C. 1352 (See reverse for public burden disclosure.) I. Type of Federal Action: 2. Status of Federal Action: 3. Report Type: a. contract a. bid /offer /application a. initial filing b. grant b. initial award b. material change c. cooperative agreement c. post -award d. loan For Material Change Only: e. loan guarantee f. loan insurance year quarter date of last report 4. Name and Address of Reporting Entity: 5. If Reporting Entity in No. 4 is Subawardee, Enter Name � Prime Subawardee and Address of Prime: Tier , if known: Congressional District, ifknown: Congressional District, if known: 6. Federal Department/Agency: 7. Federal Program Name/Description: CFDA Number, if applicable: 8. Federal Action Number, ifknown: 9. Award Amount, tfknown: S 10. a. Name and Address of Lobbying Entity b. Individuals Performing Services (including address if (if individual, last name, first name, hfl): different from No. /Oa) (last name, first name, MI): attach Conrinualion Sheets SF -LLL -A i nec ssa 11. Information requested through this form is authorized by title 31 U.S.C. Signature: section 1352. This disclosure of lobbying activities is a material print Name' representation of fact upon which reliance was placed by the tier above when this transaction was made or entered into. This disclosure is required pursuant to 31 U.S.C. 1352. This information will be reported to Title: Congress semi - annually and will be available for public inspection. Any person who fails to file the required disclosure shall be subject to a civil Telephone No.: Date' penalty of not less than S10,000 and not more than $100,000 for each such failure. Federal Use Only: Authorized for Local Reproduction Standard Form — LLL (Rev 7 97) DFP Contract No. GW229, Attachment E. Page I of 2 INSTRUCTIONS FOR CGi..PLETION OF SF -LLL DISCLOSURE 16C3 OF ,.OBBYING ACTIVITI This disclosure form shall be completed by the reporting entity, whether subawardee or prime Federal recipient, at the initiation or receipt of a covered Federal action, or a material change to a previous filing, pursuant to title 31 U.S.C. section 1352. The filing of a form is required for each payment or agreement to make payment to any lobbying entity for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with a covered Federal action. Complete all items that apply for both the initial filing and material change report. Refer to the implementing guidance published by the Office of Management and Budget for additional information. 1. Identify the type of covered Federal action for which lobbying activity is and /or has been secured to influence the outcome of a covered Federal action. 2. Identify the status of the covered Federal action. 3. Identify the appropriate classification of this report. If this is a followup report caused by a material change to the information previously reported, enter the year and quarter in which the change occurred. Enter the date of the last previously submitted report by the reporting entity for this covered Federal action. 4. Enter the full name, address, city, state and zip code of the reporting entity. Include Congressional District, if known. Check the appropriate classification of the reporting entity that designates if it is or expects to be, a prime or subaward recipient. Identify the tier of the subawardee, e.g., the first subawardee of the prime is the 1st tier. Subawards include but are not limited to subcontracts, subgrants and contract awards under grants. 5. If the organization filing the report in item 4 checks "Subawardee ", then enter the full name, address, city, state and zip code of the prime Federal recipient. Include Congressional District, if known. 6. Enter the name of the Federal agency making the award or loan commitment. Include at least one organizational level below agency name, if known. For example, Department of Transportation, United States Coast Guard. 7. Enter the Federal program name or description for the covered Federal action (item 1). If known, enter the full Catalog of Federal Domestic Assistance (CFDA) number for grants, cooperative agreements, loans, and loan commitments. 8. Enter the most appropriate Federal identifying number available for the Federal action identified in item 1 (e.g., Request for Proposal (RFP) number; Invitation for Bid (IFB) number; grant announcement number; the contract, grant, or loan award number; the application/proposal control number assigned by the Federal agency). Include prefixes, e.g., "REP- DE -90- 001." 9. For a covered Federal action where there has been an award or loan commitment by the Federal agency, enter the Federal amount of the award/loan commitment for the prime entity identified in item 4 or 5. 10. (a) Enter the full name, address, city, state and zip code of the lobbying entity engaged by the reporting entity identified in item 4 to influence the covered Federal action. (b) Enter the full names of the individual(s) performing services, and include full address if different from 10 (a). Enter Last Name, First Name, and Middle Initial (MI). 11. The certifying official shall sign and date the form, print his /her name, title and telephone number. Public reporting burden for this collection of information is estimated to average 30 minutes per response, including time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. Send comments regarding the burden estimate or any other aspect of this collection of information, including suggestions for reducing this burden, to the Office of Management and Budget, Paperwork Reduction Project (0348- 0046), Washington, D.C. 20503. DEP Contract Flo. GW229, Attachment E, Page 2 of 2 ATTACHMENT F Status and Temporal Variability Monitoring Networks I& o Y _ 1 ICE FLORbA Sampling Manual Florida Department of Environmental Protection 2600 Blair Stone Road, Tallahassee, Florida 32399 -2400 September 2001 DEP Contract No. GW229, Attachment F, Page 1 of 91 MW-'..i Status and Temporal Variability Monitoring Networks Sampling Manual Prepared by: Laura Morse Tom Biernacki James Silvanima Paul Hansard David Ouellette Joe North Watershed Monitoring and Data Management Section Florida Department of Environmental Protection DEP Contract No. GW229, Attachment F, Page 2 of 91 TABLE OF CONTENTS Section Title page # I Introduction 3 II Description of Networks 4 III Project Preparation 10 IV Instrument Calibration 13 V Ground Water Sampling Protocols 17 VI Quality Control Samples- Ground Water 40 VII Surface Water Sampling Protocols 44 VIII Quality Control Samples- Surface Water 68 IX Equipment Cleaning 71 X Field Performance Audits 78 XI Quality Assurance Reports 79 Figures Figure # Description page # V -1 Back of the Custody Sheet for Ground Water TV and Status Monitoring 18 V -2 Example of Ground Water Sampling Supplies Inventory List 19 V -3 Example of Station Identification Label 20 V -4 Example of Laboratory Project and Sample Identification Label 21 V -5 Example of Laboratory Production and Container Numbers Label 21 V -6 Example of Micro Land Use Form 22 V -7 Ground Water Sampling Field Log Sheet 23 V-8 Florida Unique Well Identification (FLUWID) Tag 25 V -9 Example of the Front of the Custody Sheet for Ground Water Sampling 32 V -10 Example of the Weekly Project Request Number Label 33 VI -1 Example of Equipment Blank Label 41 VI -2 Example of Duplicate Label 42 VI -3 Example of Field Reference Sample Reporting Form 43 VII -1 Example of Surface Water Sampling Equipment and Supplies Inventory List 45 VII -2 Location for Collecting Samples in Low and High Order Streams Plus Canals _ 46 VII -3 Location for Collecting Samples in Streams and Canals if a Sandbar Is Present 46 VII -4 Location for Collecting Samples in Large Lakes 46 VII -5 Location for Collecting Samples in Small Lakes 47 VII -6 Example of Station Identification Label 50 VII -7 Example of Laboratory Project and Sample Identification Label 51 VII -8 Example of Laboratory Production and Container Numbers Label 51 VII -9 Example of the Front of the Custody Sheet for Surface Water Sampling 59 VII -10 Back of the Custody Sheet for Surface Water TV Sampling 60 VII -11 Back of the Custody Sheet for Status Sampling of Streams 60 DEP Contract No. GW229, Attachment F, Page 3 of 91 16C3'g Figures continued Figure # Description Page # VII -12 Back of the Custody Sheet for Status Sampling of Lakes 61 VII -13 Example of Weekly Project Request Number Label 61 VII -14 Field Sheet for the Surface Water TV Network 63 VII -15 Field Sheet for the Surface Water Status Network 64 Tables Table # Description Page # II -1 Status Monitoring Indicator List 6 II -2 Analytical Methods for Status and Temporal Variability Networks 7 II -3 Temporal Variability Monitoring Indicator List 9 V -1 Chemical Stability 28 V -2 Water Volume Computation 35 VII -1 Containers for Surface Water Sampling 50 IX -1 Cleaning Procedures and Frequencies 77 Attachments Attachment Title Page # X -1 Field Audit Form 80 XI -1 Example of Quarterly Quality Assurance Report 87 XII -1 Status Network Index Periods- 2002 90 DEP Contract No. GW229, Attachment F, Page 4 of 91 Section I. Introduction The Watershed Monitoring and Data Management Section (WM &DMS) of the Florida Department of Environmental Protection (FDEP) will annually host a water sampling workshop for the Florida Status and Temporal Variability (TV) Monitoring Networks. The purpose of the workshop is to provide a consistent state -wide approach to water sampling conducted for the two networks. The need for a single sampling protocol is especially important, since many agencies participate in the sampling effort. Furthermore, the long -term nature of the program requires that variations in sampling procedures over time be minimized and that deliberate changes to these procedures occur in a controlled fashion. The procedures recommended within are approved procedures; however, many are specific to the two networks and may not be directly applicable to other programs. The Status and Temporal Variability Monitoring Networks are a multi - agency cooperative effort. Participants include state, local, and federal agencies, as well as privately owned companies. Naturally, with this number of groups involved in sampling and analysis, coordination and communication are essential. If at any time questions arise regarding the two networks, don't hesitate to contact the FDEP WM &DMS at (850) 921 -9422. DEP Contract No. (I 229, Attachment F, Page 5 of 91 Section II. Description of Networks The Ambient Monitoring Network consists of two projects. The Status Network is a probability- based network designed to randomly sample Florida's water quality resources, for the purpose of making statistical inferences about water quality status. The Temporal Variability Network is a fixed- station - monitoring network designed to detect both short-term variability and long -term trends. Status Network The purpose of the Status Network is to characterize the environmental conditions of Florida's water resources and to determine if those conditions are changing over time. To accomplish this, the state has been divided into 20 geographic reporting units, all of which will be sampled over a 5 -year period. During any given year, sampling will be conducted in 5 reporting units, one from each water management district. [Under this strategy, 5 reporting units will be sampled twice during the 5 -year cycle, the other 15 reporting units will be sampled once only.] The water resources to be characterized include confined aquifers, unconfined aquifers, high -order streams (Horton order greater than 4), low -order streams (Horton order 4 or less), small lakes (1 -10 hectares), and large lakes (over 10 hectares). Each year, and for each active reporting unit, 30 sampling stations from each of the six water resources will be selected at random (900 stations per year). Samples will be collected from these stations during resource - specific index periods and analyzed for the constituents listed in Table II -1. The analytical methods for each constituent are listed in Table II -2. The Watershed Monitoring and Data Management Section, the five water management districts, and selected county environmental protection agencies will collect samples. The FDEP Central Chemistry and Biology Laboratories in Tallahassee, Florida, will analyze all samples. For further information on the design of the Status Network, refer to Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network written by WM &DMS staff. Temporal Variability Network The purpose of the Temporal Variability (TV) Network is to characterize site - specific water quality variability at selected sampling sites. There are 79 surface water TV stations located on Florida lakes and streams. The surface water TV stations are monitored monthly for the constituents listed in Table II -3. Table II -2 lists the methods that will be used for the analysis of each constituent. DEP Contract No. GW229, Attachment F, Page 6 of 91 There are 47 ground water TV stations tapping confined or unconfined aquifers. Unconfined wells will be sampled monthly, and confined wells will be sampled quarterly. The analytes to be measured will depend on whether or not the well is in an actively monitored reporting unit (see above for description of reporting unit). Wells located in actively monitored reporting units will be analyzed for the analytes shown in Table II -3. Wells not located in actively monitored reporting units will be analyzed for field measurements only (pH, specific conductance, temperature, dissolved oxygen, and water level). For further information regarding the Temporal Variability Network, refer to the Watershed Monitoring and Data Management Section's Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network. DEP Contract No GW229, Attachment F, Page 7 �)f 91 16C3 Table II -1. Status Monitoring Indicator List INDICATOR LAKES (Ig) LAKES (sm) STREAMS (ho) STREAMS (lo) AQUIFERS Calcium T T T T D Magnesium T T T T D Sodium T T T T D Potassium T T T T D Chloride T T T T D Sulfate T T T T D Fluoride T T T T D Alkalinity T T T T D Nitrate + Nitrite T T T T D Ammonia T T T T D Kjeldahl Nitrogen T T T T D Phosphorous T T T T D Specific Conductance D D D D D Orthophosphate D D D D D Organic Carbon T T T T T Dissolved Solids T T T T T Suspended Solids T T T T T Turbidity T T T T T Color T T T T T Fecal Coliform T T T T T Enterococci T T T T T Chlorophyll -A T T T T Algal Growth Potential T T Phytoplankton T T Water Temperature X X X X X pH X X X X X Specific Conductance /Salinity X X X X X Dissolved Oxygen X X X X X Secchi Depth X X X X Total Depth X X X X Sample Depth X X X X Depth to Water (from LSE) X Land Surface Elevation (LSE) x Microlanduse X T total sample/ D filtered sample/ X other sample or measurement DEP Contract No. GW229, Attachment F. Page 8 of 91 Table II -2. Analytical Methods for Status and Temporal Variability Networks ANALYTE ANALYSIS METHOD ' Field Measurements pH EPA 600/4 -79 -020, Method 150.1 Temperature EPA 600/4 -79 -020, Method 170.1 Specific Conductance EPA 600/4 -79 -020, Method 120.1 Dissolved Oxygen EPA 600/4 -79 -020, Method 360.1 Depth to Water Steel tape and chalk/electronic indicator4 Total Water Depth Steel tape /electronic measuring device Secchi Depths Welch (1948); EPA 620/R- 97/001 Biology Chlorophyll -A5 SM 10200 H (modified) Phytoplankton Taxonomy6 SM 10200 F. 1; 10200 F.2 Algal Growth Potential6 EPA 600/9 -78 -018 (modified) Microbiology Total Coliform EPA 600/8 -78 -017, p. 109; SM 9222 B Fecal Coliform EPA 600/8 -78 -017, p. 125; SM 9222 D Enterococci SM 9230 C Escherichia coli SM 9213 D Organics Total Organic Carbon EPA 600/4 -79 -020, Method 415.1 Nutrients Nitrate - Nitrite EPA 600/4 -79 -020, Method 353.2 Ammonia EPA 600/4 -79 -020, Method 350.1 Total Kjeldahl Nitrogen EPA 600/4 -79 -020, Method 351.2 Total Phosphorus EPA 600/4 -79 -020, Method 365.1 Orthophosphate EPA 600/4 -79 -020, Method 365.1 Inorganic Anions Chloride EPA 600/4 -79 -020, Method 300.0 Sulfate EPA 600/4 -79 -020, Method 300.0 Fluoride EPA 600/4 -79 -020, Method 340.2 DEP Contract No. Gw229, Attachment F, Page 9 of 91 Table II -2. Continued ANALYTE ANALYSIS METHOD" Metals Calcium EPA 600/4 -79 -020, Method 200.7 Magnesium EPA 600/4 -79 -020, Method 200.7 Sodium EPA 600/4 -79 -020, Method 200.7 Potassium EPA 600/4 -79 -020, Method 200.7 Physical Properties Alkalinity EPA 600/4 -79 -020, Method 310.1 Turbidity EPA 600/4 -79 -020, Method 180.1 Specific Conductance (Lab) EPA 600/4 -79 -020, Method 120.1 Color EPA 600/4 -79 -020, Method 110.2 Total Suspended Solids EPA 600/4 -79 -020, Method 160.1 Total Dissolved Solids EPA 600/4 -79 -020, Method 160.2 'Analyte measured in unfiltered samples for ground water and surface water matrices unless otherwise noted 'Field analytes measured by sampling agency; Biology and Microbiology analytes measured by DEP Biology Laboratory; all other analytes measured by DEP Central Chemistry Lab 3Methods for Chemical Analysis of Water and Wastes, EPA 600/4 -79 -020, revised March 1983; Welch, P.S., 1948, Limnological Methods, Blakiston Co., Philadelphia; Environmental Monitoring and Assessment Program Surface Waters: Field Operations Manual for Lakes, EPA 620/R- 97/001, 1997; Selenastrum capricomutum printz Algal Assay Bottle Test: Experimental Design Application and Data Interpretation Protocol, EPA 600/9 -78 -018, 1978; Microbiological Methods for Monitoring the Environment- Water and Wastes, EPA 600/8 -78 -017, 1978; Standard Methods for the Examination of Water and Wastewater (designated SM), 19th Ed., American Public Health Association, Washington, DC, 1995 4Measurements using an electronic indicator or measuring device shall follow manufacturer's instructions 5Measured only in unfiltered surface water 6Measured only in water samples from lakes for the Status Network Measured in filtered ground water samples and unfiltered surface water samples, except ortho- phosphate which is measured in both filtered ground water and surface water samples $Measured in filtered ground water samples and unfiltered surface water samples DEP Contract No. GW229, Attachment F, Page 10 of 91 W14, WKI Table II -3. Temporal Variability Monitoring Indicator List INDICATOR SURFACE WATER GROUND WATER Calcium T D Magnesium T D Sodium T D Potassium T D Chloride T D Sulfate T D Fluoride T D Alkalinity T D Nitrate + Nitrite T D Ammonia T D Kjeldahl Nitrogen T D Phosphorous T D Specific Conductance D D Orthophosphate D D Organic Carbon T T Dissolved Solids T T Suspended Solids T T Turbidity T T Color T T Fecal Coliform T T Enterococci T T Chlorophyll -A T Water Temperature X X pH X X Specific Conductance/Salinity X X Dissolved Oxygen X X Secchi Depth X Total Depth X Sample Depth X Depth to Water (from LSE) X Land Surface Elevation (LSE) IX T total sample/ D filtered sample/ X other sample or measurement Active Reporting Unit only. Inactive Reporting Units monitored for field measurements only. DEP Contract No. GW229, Attachment F, Page I 1 of 91 Section III. Project Preparation Sampling Schedule Sample schedules will be provided to the sampling agencies. They will list the types of projects for which each agency is scheduled for, and the numbers of samples, equipment blanks, and duplicates to be collected for each project. If sampling cannot be done according to this schedule, your Project Manager must notify FDEP WM &DMS staff as soon as possible so that others involved in the project (e.g. laboratories, etc.) can be notified of the change. Sampling Kit Shipments The FDEP Central Laboratory has been instructed to ship all containers for a project no later than two weeks prior to the beginning of the project. The containers will be shipped in coolers addressed to the Project Manager. Pre - printed Federal Express airbills for return shipment will also be shipped inside the coolers. If the container shipment is not received at the sampling agency 7 days prior to the first day of sampling, please notify WM &DMS staff. Project Paperwork The FDEP WM &DMS staff will ship the paperwork needed for a sampling project to each sampling agency. This package will be mailed no later than two weeks prior to the beginning of a project. Check the package to make sure it contains all of the following items: For Ground Water (GWTV) and Surface Water (SWTV) Temporal Variability Monitorin • Custody sheets • Station identification (bar- coded) container labels • RQ (Requisition) labels • Field sheets • Micro land use forms (once annually for GW only) For Status Monitoring • Custody sheets • Station identification (bar- coded) container labels • RQ (Requisition) labels • Field log sheets DEP Contract No. GW229, Attachment F, Page 12 of 91 f: • Micro land use forms (GW only) Preservatives FDEP WM &DMS staff will supply preservatives for both Status and TV samples. These preservatives are contained in vials, each of which has enough pre- measured preservative to adequately preserve one sample container. It is the responsibility of the sampling agency to keep an inventory of preservatives. To order more preservatives, please notify the WM &DMS Quality Assurance Officer at (850) 922 -5820, two months in advance of completely exhausting supplies. Filters FDEP WM &DMS staff will supply filter devices for filtering of surface and ground water samples. For surface water samples, orthophosphate (0-PO4) is filtered using a disposable syringe and a filter disk. For ground water samples, a disposable in -line filter capsule is used to filter anions, nutrients, and metals. Inventories should be periodically checked to ensure enough supplies are available. Requests for additional filters should be made well in advance of sampling by calling (850) 922 -5820. Field Reference Samples The U.S. Geological Survey Water Resources Division Laboratory (USGS WRD) in Ocala supplies field reference samples to sampling agencies. Shipments to the sampling agencies are generally made once or twice a year, so plenty of samples should be on hand. These samples should be analyzed at a rate of 1 per 5 -10 actual samples, for both pH and specific conductance. Inventories should be periodically checked and requests for additional field reference samples should be made well in advance of sampling. Requests should be made either by calling the WM &DMS QA Officer at (850) 922 -5820 or contacting the USGS by electronic mail at ocalaman @usgs.gov. Faxes can also be sent to the USGS at (352) 237 -7081. When requesting supplies from the USGS; specify name and sampling agency, provide a description and quantity of items needed, mention how fast the supplies are needed, and list current mailing address. Container Inventory Soon after receiving the containers, they should be inventoried. Check the FDEP lab shipment to ensure that all necessary containers and preservatives have arrived, using the inventory list on the DEP Contract No. GW229, Attachment F, Page 13 of 91 back of the custody sheet. Remember that it is the sampling agency's responsibility to ensure that enough supplies are available. Do not forget to include Quality Control (QC) samples. Container inventories are shown in Sections V and VII. If there are any questions, call either the FDEP lab or WM &DMS staff. Supplies and Equipment Inventory Prior to beginning a project, conduct an inventory of all sampling supplies and equipment needed. A checklist can be helpful in ensuring that the proper supplies and equipment are available. A checklist can also be helpful when checking cleanliness and working order of sampling equipment. Checklists will vary for different agencies. Examples of checklists are shown in Sections V and VII. Historical Data Prior to visiting a sample site, it is imperative that documentation from previous visits be reviewed, if available. Important information can be obtained from the documentation including average purging time, calibration ranges, and expected field measurements. If possible, take a printed copy of the field notes to the site so they can be compared with the current observations. If discrepancies are found, be sure to note them in the field logbook. Finally, check to see that the information in the station file is complete. Often relevant information is missing. If so, try to obtain that information in the field. DEP Contract No. GW229, Attachment F, Page 14 of 91 W C Section IV. Instrument Calibration Procedures Introduction The following are the minimum calibration requirements needed to ensure that an instrument is capable of producing acceptable data. General Calibration Considerations Field equipment shall be fully calibrated daily for pH, specific conductance, and dissolved oxygen (DO). Refer to equipment manufacturer's recommendations for calibration procedures. Once the meter has been calibrated, pH, conductivity, and DO checks shall take place at the end of the sampling day. The pH meter will be checked against the pH 7 buffer, the specific conductance meter against a single standard, and DO will be checked with water saturated air. If a field meter fails a calibration check, then a complete calibration must be performed prior to collecting further data. The minimum frequency of the pH and conductivity checks are contingent upon field reference sample results. At least 95% of the results must be satisfactory or marginal. If this is not met, then the minimum frequency for the checks will be every 4 hours, and at the end of the sampling day, until satisfactory performance can be assured. Records of each system calibration and calibration check must be maintained in a calibration log. The method.used to calibrate, time and date of calibration, standard(s) used, resulting meter response, actions taken, and the results of the calibration should be listed. Optionally, the meter name, model number, and identification number (if applicable) may be entered. Documentation on calibration standards (e.g., buffers, KCI, and other reagents) must be maintained. At a minimum, the date of receipt, expiration dates (noted on the bottle label), and date of first use shall be noted on the standard container. Expiration dates must be followed. If reagents or standards are prepared from stock chemicals, they must be analytical reagent grade or better. NOTE: Potassium chloride standards must be of primary standard grade. DEP Contract No. GW229, Attachment F, Page 15 of 91 Calibration of Specific Meters Multiprobe Meters Calibration should be performed according to manufacturer's specific instructions on a daily basis. Checks should be conducted as listed in the following for the individual meters. pH Meters The pH meter is calibrated on a daily basis according to manufacturer's instructions. Use buffer solutions (pH of 4, 7, 10) purchased from commercial vendors for calibration. Do not reuse buffers. Each meter /electrode system must be calibrated at a minimum of two points, at least three pH units apart, bracketing the expected sample pH. Check historical data for expected pH or use pH paper on an aliquot to estimate. Values must be within 0.1 standard units of the actual buffer values, or the meter must be recalibrated. • A calibration check must be made at the end of the sampling day. • If less than 95% of the pH field reference sample values are not satisfactory or marginal, the minimum frequency for checks will be every 4 hours as well as at the end of the sampling day. The pH meter is checked against the pH = 7 buffer. The value must be within 0.1 standard units of the actual buffer value, or the meter must be recalibrated. • There are several interferences to keep in mind with pH measurement: • Sodium interferences that occur at pH > or = 10 can be reduced or eliminated by using a low sodium error electrode; • Coatings of oils, greases, and particulates may impair the electrode's response. The electrode bulb should be patted dry with lint -free paper or cloth and rinsed with deionized water. If not, acetone may be used to clean very hard to remove films, but must be used sparingly so the electrode surface is not damaged. • Temperature effects on the electometric measurement of pH and conductivity are controlled by using instruments having automatic temperature compensation (ATC) or by calibrating the meter at the temperature of the samples. • Poorly buffered solutions with low specific conductance ( <200 µS /cm) may cause fluctuations in the pH readings. Equilibrate the electrode by immersing it in an- aliquot of sample for several minutes before taking pH readings. • Under normal conditions a pH measurement should be accurate to +/- 0.1 pH units. Thermometers /Thermistors • Temperature determinations can be made with any field -grade mercury- filled, alcohol - filled, or dial -type Celsius thermometer as well as an electronic thermistor. • All field thermometric devices shall be checked annually in the laboratory against a National Institute of Standards and Technology (KIST) precision thermometer. DEP Contract No. GW229, Attachment F, Page 16 oC91 • The annual check should consist of the following: • Temperatures should agree within +/- 0.1° C. Make note of the calibration in the calibration records. Note the make, model, and serial number of each thermometer or thermistor. • Thermometers or thermistors that do not meet the acceptance criteria should be disposed of properly. • If the difference is shown to be constant (i.e. + 0.5'C) over the temperature range of the thermometric device, it may still be used provided that the difference is documented for 10 degree increments, and the correcting factor is used in all measurements. • All field thermometric devices should be checked weekly in the laboratory with a NIST checked thermometer. • The thermometer or thermistor should be allowed to equilibrate to the temperature of the sample before readings are recorded. • Temperature readings should be recorded to the nearest 0.5'C. Specific Conductance Meters • Conventional conductivity devices consist of two or more platinum electrodes separated by a test solution. The major disadvantage with this type of system is the possibility of polarization or poisoning (fouling) of the electrodes. Periodic cleaning of the electrodes, according to the manufacturer's instructions, should be performed. • Conductivity varies with temperature. For example, the conductivity of salt water increases 3% per degree C at 0° C, and only 2% per degree C increase at 25° C. Therefore, all meters must be temperature compensated. • The meter should be calibrated daily using the manufacturer's specifications. If the meter does not read within 5% of the standards, determine what the problem is and correct it before proceeding. • The meter must be checked in the field with at least one conductivity standard at the end of the sampling day. However, if less than 95% of the conductivity field reference sample results are satisfactory or marginal, conductivity will have to be checked at a minimum of every 4 hours as well as at the end of the day. The chosen standard should be close to the conductance value of the samples. If the meter does not read within 5% of the standard, then the meter must be recalibrated prior to collecting further data. Dissolved Oxygen Meter • Annually, the meter should be calibrated in the laboratory using the Azide modification of the Winkler Method. The annual laboratory calibration should consist of the following: Fill a clean container with uncontaminated or deionized water and place the probe into the container. Siphon water from the container into two Biological Oxygen Demand (BOD) bottles. DFP Contract No. GW229, Attachment F. Page 17 of 91 E�3 • Make sure to place siphon hose on the bottom of the bottles and overflow the bottles by three volumes. • Determine the DO by the Winkler method (see Standard Methods for the Examination of Water and Wastewater, 19`h Ed., American Public Health Association, Washington, D.C., 1995, for more details). • Adjust the DO meter according to manufacturer's instructions. Be sure to adjust the meter to the temperature of water in the container, then calibrate the instrument to read the average DO concentration of the two samples determined by the Winkler test. • Once a day the dissolved oxygen (DO) meter should be calibrated in accordance to the manufacturer's recommendations. • Before mobilizing, check to make sure there are no air bubbles on or, wrinkles or tears in the probe membrane. If so, replace the membrane and KCl filling solution. Check the leads, contacts, etc. for corrosion and/or shorts if the meter pointer remains off - scale, does not calibrate, or drifts. • Check the calibration of the DO meter with water saturated air at the end of the sampling day. If a DO meter fails the calibration check, then recalibrate the meter prior to taking any more DO measurements. Refer to the manufacturer's recommendations if the calibration checks fails and the probe appears damage. • A constant flow of water across the membrane - sample interface is necessary when collecting DO data. • Dissolved inorganic salts are an interference with the performance of DO probes. For example, the taking of DO readings in salt water is affected by the salinity. Corrections should be made following the manufacturer's instructions. • Reactive gases, which pass through the membrane, may cause interference. Again, refer to the manufacturer's recommendations when dealing with interferences. • DO probes are temperature sensitive. A method of temperature compensation is normally provided by the manufacturer if the probe does not compensate for temperature automatically. DFP Contract No. GW229, Attachment F, Page 18 of 91 Section V. Ground Water Sampling Protocols Introduction Sampling of ground water is done such that samples will approximate as closely as possible actual aquifer conditions. The methods should consider the following: • Well construction and development is carefully documented. • Purge techniques are documented for each well. • Field measurements are made with minimal disturbance. • Samples are collected with minimal disturbance and preserved rapidly. • Samples are collected in a known and reproducible manner. Before actually going into the field, maps and previous field logs are used to determine the number of wells to be sampled and the order in which they will be sampled. When wells are known to contain low -level contamination, sampling should proceed from the least contaminated well to the most contaminated. Wells known to be severely contaminated (e.g. presence of free product or trace contaminant concentrations in parts per million) should not be sampled. Prior to visiting wells that are privately owned, the owner should be informed by phone call or letter. Springs will be sampled as a ground water resource such that samples will be taken at the vent or as close as possible to the vent. Capabilities The ground water coming from all wells will be examined for the following field analytes: pH, temperature, specific conductance, dissolved oxygen, and depth to water. For all Status Network and certain Temporal Variability Network wells (as stated in Section II), ground water samples will be collected for the following analyte groups: organics (total organic carbon), physical properties (turbidity, specific conductance, color, total suspended solids, and total dissolved solids), microbiology (enterococci, Escherichia coli, total colifortn, and fecal coliform), metals (calcium, magnesium, sodium, and potassium), and inorganics (inorganic anions- chloride, sulfate, and fluoride; nutrients- nitrate - nitrite, ammonia, kjeldahl nitrogen, total phosphorus, orthophosphate; and alkalinity). Analytes and analytical methods are listed in Table II -2. DEP Contract No. GW229, Attachment F, Page 19 of 91 16C3'1 Inventory for Sampling Needs Before traveling to the well site, several inventories are necessary. • Inventory all paperwork coming from FDEP, including barcode labels, custody sheets, micro land use forms, and field log sheets (all described below). • Inventory the sampling kits and the acids necessary for sample preservation, by using the container inventory list provided on the back of the custody sheets (Figure V —l.). • Inventory the equipment necessary for the well sampling, by use of an equipment inventory check -list such as that listed in Figure V -2. Figure V -1. Back of the Custody Sheet for Ground Water TV and Status Monitoring GROUND WATER TEMPORAL VARIABILITY & STATUS NETWORK CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP TOC TOC (1) 125 ml plastic Unfiltered; H2SO4 ampule to pH < 2; chill to 4 °C DEP Turbidity Turbidity, Color, (1) 1 liter plastic Unfiltered; chill to 4 °C TDS, TSS DEP Bacteria Enterococci (2) Whirlpaks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP Metals Ca, K, Na, Mg (1) 125 ml plastic Filtered; HNO3 ampule to pH < 2; chill to 4 °C DEP Anion Cl, SO4, F, o -PO4, (1) 500 ml plastic Filtered; chill to 4 °C Alkalinity, Conductance DEP Nutrient NO3 +NO2i (1) 500 ml plastic Filtered; H2SO4 ampule to pH < 2; chill to NH3,TKN, P I I 4 °C DEP Contract No. GW 229. Attachment F, Page 20 of 91 Figure V -2. Example of Ground Water Sampling Supplies Inventory List GROUND WATER SAMPLING INVENTORY Meters Miscellaneous pH meter — Aluminum Foil batteries — _ Plastic Garbage Bags probe — Duct Tape standards Conductance meter _ Unpowdered Latex Gloves _ batteries Paper Towels _ _ probe Spray Bottles _ — standards pH paper DO meter Cleaning brushes _ batteries Butcher Paper _ _ probe Indelible Markers _ — standards Pens Thermometer/Thermistor Coolers _ _ condition Ice _ calibration Water Level Tape — Chalk Pumps Paperwork Submersible RediFlow2 Site Maps condition _ Historical Data tubing _ drop -pipes _ Micro Land Use Sheets — check valves Calibration Notebook _ — gasoline Cleaning Notebook _ _ Custody Sheets generator — _ Field Log Centrifugal _ Barcode Labels tubing _ Container Inventory _ drop -pipes — check valves Sampling vehicles — Fueled Filtration Apparatus _ Oil _ Clean Filters Spare Tire _ Reagents & Preservatives Sulfuric Acid Vials Nitric Acid Vails Date of inventory Analyte -Free Water _ Signature Liquinox DEP Contract No. GW229, Attachment F. Paoe 21 of 91 16C3 At the Well Once at the well site, compare the site's appearance to the description of the site in the historical records. Often, the physical appearance of a site can change dramatically between sampling events. These changes should be documented, and the written descriptions should be made part of the site file. Several wells may be clustered at a single site. It is imperative that these wells be clearly distinguishable from one another. Each well should be marked with a Florida Unique Well Identification tag, as described below. Site descriptions should illustrate each well. It is very easy to confuse wells and samples at one of these sites. If you are unsure about which well you are at, measure down to the bottom of the well and compare the measured depth with the depth given in the well file. Several samplers have surprised themselves by performing this simple check. Once you have identified the well to be sampled you will do the following: 1. Note the land uses immediately adjacent to the well. 2. Take the depth to water of the well. 3. Purge the well. 4. Take field measurements of the well water. 5. Collect water samples if any are to be obtained at the well. 6. Tag the well with a Florida Unique Well Identification (FLUWID) Tag and collect its Global Positioning System (GPS) location, if not done previously. 7. Document information concerning the sampling event. Labeling Sample Containers At a well site where water samples are to be collected, all the sample containers for that site are labeled prior to filling. Only one set of containers will be out and labeled at any one sample location. Unpowdered latex gloves should be worn while handling the containers. Station identification labels are provided to the sampling agencies by the WM &DMS (Figure V -3). These labels are bar -coded to uniquely identify a sample station. Several labels are provided for each sampling site. A label will be placed vertically on each sample container for a site. The FDEP Central Laboratory places two types of labels on the sample bottles prior to shipping. One identifies the weekly sampling project request number and the sample analytes for that container (Figure V -4). The other provides the production container numbers for a specific sample bottle (Figure V -5). Samplers should write the time and date at which a station is sampled on the laboratory project and sample identification label of each container. Figure V - 3. Example of Station Identification Label DEP Contract No. GW229, Attachment F, Page 22 of 91 Figure V - 4. Example of Laboratory Project and Sample Identification Label RQ- 1999- 01 -18 -17 ICE -FLTR W -PO4 -F Figure V - 5. Example of Laboratory Production and Container Numbers Label iii`riuiiiliiiiii1uiiimiimi CONTAINE)Rs 800372 Documentation The micro land use form (Figure V-6) is used to document the land uses found within a 300 foot radius of the well. Once the well for sampling is located, fill out the micro land use form. If sampling a well in the TV Network, this form has to be completed once each sampling year and after any changes occur in the land use. The form must be completed for every well in the Status Network while sampling. Attach a barcode label for the well to be sampled in the upper left box of the form, which contains the words station id and station name. Date the form, and then check off the major land use group for the land uses seen within a 300 -foot radius of the well. Next check off all features observed within a 300 -foot radius of the well. Finally list any comments which pertain to land use immediately surrounding the well. A standardized field log sheet should be used to document all information pertaining to the purging of the well. The Ambient Monitoring Program will supply field log sheets to contractors (Figure V -7). DEP Contract No. GW229, Attachment F, Page 21 of 91 Figure V-6. Example of Micro Land Use Form FLORIDA AMBIENT MONITORING NETWORK FEATURES & MICRO LAND USE SHEET Station ID Station Name Date Major Land Use Group (Check one) _ Low Impact (LI) Mining /Excavation ME) _ Urban /Suburban (US) Intense Agriculture (AG) Industrial (IN) Check All Features Observed Within 300 Feet Of Well _ (47) Agri. Chemical Mixing /Storage _ (02) Airports _ (52) Animal Feeding Operation _ (10) Borrow Pit _ (21) Canal(s) _ (4C) Cave(s) _ (03) Cemetery _ (51) Crops, Field _ (50) Crops, Row _ (22) Ditch, Drainage _ (37) Ditch, Irrigation _ (55) Dry Cleaners _ (41) Food Processing Plant _ (12) Golf Course _ (48) Groves, Citrus _ (49) Groves, Other _ (23) Holding Pond(s), Industrial _ (24) Holding Pond(s), Urban _ (45) Hospitals /Clinics _ (35) Junk Yard _ (53) Kennel(s) (25) Lake(s) _ (04) Landfill _ (11) Mine _ (43) Mineral Processing Plant _ (01) Nursery /Greenhouse _ (20) Parking Lot(s) (44) Petroleum Processing Plant Comments or other unlisted features —(17) Pipeline(s) & Pump Station —(46) Power Plant _ (18) Railroad(s) _ (06) Repair Shops (e.g. Automotive) _ (05) Residence —(26) River _ (16) Roads, Major Highway _ (36) Roads, Other _ (13) Septic Tank(s) _ (07) Service Station _ (14) Sewage Treatment Plant _ (15) Sewage Treatment Sprayfield (39) Sinks /Sinkholes _ (27) Spring(s) _ (08) Storage Tanks (Above Ground) _ (09) Storage Tanks (Below Ground) _ (38) Stream(s) _ (42) Timber Processing Plant _ (19) Transmission Lines and Towers _ (29) Water Softener _ (30) Well(s), Injection _ (31) Well(s), Irrigation _ (32) Well(s), Oil & Gas _ (33) Well(s), Private Supply _ (34) Well(s), Public Supply _ (28) Wetland(s) (54) Zoos DEP Contract No. GW229. Attachment F, Page 24 of 91 imtom'-.4 rte■ Figure V -7. Ground Water Sampling Field Log Sheet FLORIDA AMBIENT MONITORING NETWORK FIELD LOG SHEET SAMPLING AGENCY: STATION ID: OWNER: CASING DIAMETER: LAND SURFACE ELEVATION: MEASURING POINT ELEVATION: DATE /TIME ON SITE: SAMPLER: SAMPLER: HELD AT 1. _ 2. WETTED AT WATER ELEV: (MPE -DTW) MIN. PURGE VOLUME: _ DW PURGE RATE: COUNTY: STATION: PROJECT: CASING MATERIAL: TOTAL DEPTH: WATERBODY: DATE/TIME OFF SITE: LAB(s):_ FIELD ID: DEPTH TO WATER (DTW) (feet from MPE) (feet from MPE) feet STICKUP (SU =MPE -LSE): ft -( - _�x_x_ x0.1224= gal DTW SU D D gal/min PURGE PUMP ID: MIN. PURGE TIME: (MIN. PURGE VOLUMEIPURGE RATE) min. DATE/TIME PURGE BEGIN: DATE /TIME PURGE STOP: TOTAL PURGE TIME: min TOTAL PURGE VOLUME: (PURGE RATE x TOTAL PURGE TIME) FUEL - POWERED UNITS USED ON SITE: SULFUR ODOR: COLOR: DATE/TIME SAMPLING BEGIN: DATE /TIME SAMPLING STOP: SAMPLING DEVICE ID: SAMPLING FLOW -RATE (IF IN -PLACE PLUMBING) DEP Contract No. GW229. Attachment F, Page 25 of 91 gal 16C3 Figure V -7. Continued. QA SAMPLES TAKEN ON SITE: WEATHER CONDITIONS: PERSONNELNISITORS ON SITE: WELL CONDITION: WELL TAG: ADDITIONAL COMMENTS: CHEMICAL STABILITY MONITORING 16C3 ' # TIME pH TEMP SP. COND Eh DO COMMENTS 1 2 3 4 5 6 7 8 9 • Instrument calibrations will be recorded in the instrument calibration logs • Eh values above must be converted relative to the std. hydrogen electrode. DEP Contract No. GW229. Attachment F, Page 26 of 91 Florida Unique Well Identification (FLUWID) Several agencies regulate wells in Florida, among them the Department of Health (DOH), the Department of Environmental Protection (DEP), the Water Management Districts (WMDs), and the Department of Agriculture and Consumer Services (DACS). In addition, local governments and individual homeowners are interested in their wells. Each agency and program has their own way of identifying the wells that they regulate. Unfortunately, very little of the information in these databases can be shared due to an inability to cross - reference the different naming schemes. During June of 1995, a plan to facilitate well identification in Leon County was conceived and implemented through the "Model Approach to Well Head Protection" Pilot project in Leon County. With this plan, all of Leon County's wells were tagged with "Florida Unique Well Identification" tags, also referred to as FLUWID tags. The tags uniquely identify each well with a number that does not contain any imbedded information and does not link the well to any particular agency. The only modification to the existing databases that was necessary to incorporate this new tag ID, was the addition of a field into which the FLUWID number could be entered. The Tag and Information Sheet The tag number is in an alphanumeric format, XXX # ## (Figure V -8). Beginning with AAA0001 and ending with ZZZ9999, enough unique numbers exist to print tags for millions of wells. The tags are printed on durable, weatherproof mylar and replacement tags can be printed if needed. Four tags are printed for each well. Three tags are placed on various locations at the well site and the fourth tag is put on the ground water fieldsheet. Figure V -8. Florida Unique Well Identification (FLUWID) Tag FLORIDA AAA6653E �E�� �� III�IIIIIIIIIIIYIIAIVI�I cas CALL LOCH TOTER NANAZEYENT DISTRICT FaA 1AF09WATI:M FLORIDA UNIQUE WELL ID AAA6653 11111111111 Jill GPS CALL L:CAL VATEA LAnAOEWFNY 0177p IGT FOP INFORVATION FLORIDA UNIQUE WELL ID AAA8863 FLORIDA UNIOUE WELL 1D AAA8653 VIIIIIII�BI�III DEP Contract No. GW2?9. Attachment F, Page 27 of 91 Inquiries about a tagged well may be made by contacting the agency listed on the tag. For the Ambient Monitoring Networks the contact agency will be the Watershed Monitoring and Data Management Section. The tag will list the contact information as "For Information Call: Florida Department of Environmental Protection at (850) 921 - 9422 ". All inquiries will be routed to the appropriate Project Manager who will reply to the data request. Standard Procedures 1. Everyone who will be using GPS equipment must receive thorough instruction on the basic operating principles of GPS and correct use of GPS equipment and software. There are critical settings in the data logger, which need to be set correctly. Failure to do so will result in data that is of poor quality and its inclusion in a database will corrupt the database. 2. When using a GPS, make every effort to collect the position where the wellhead is located. Accurate measuring devices and compasses must be used if offsets are made. 3. Only DGPS or GPS units capable of collecting data that can be post processed shall be used. 4. Before tagging a well, check carefully to see if a Florida Unique Well ID tag has already been placed at that location. This will avoid double tagging a well with two different ID numbers, which defeats the purpose of having a unique ID assigned to each well. Three of the FLUWID tags with the same alphanumeric code, the two large tags and one small tag, should be placed at the well site in different, but highly visible, locations. One large tag should be placed on the well casing or on the pump base. The other large tag should be placed on the pump discharge line or well casing cover. One of the small tags should be placed on the electrical switch box, the building entrance (if only one well is located in that building), or on the pressure tank (if it is within 10 feet of the pump). The fourth tag (last small tag) with the same alphanumeric code should be placed on the ground water fieldsheet. 5. FLUWID tags are printed by FDEP and will be supplied by the staff in the WM &DMS with the ground water fieldsheets. Sampling of Wells with In -Place Plumbing Depth to Water Measurement In many instances, the measurement of depth to water may not be possible because of the in- place plumbing. If the in -place plumbing allows, the water level relative to a known measuring point may be measured using a graduated steel tape and chalk, or an electronic water -level sensor. The depth to water is measured twice to the nearest 0.1 feet; both values are recorded in the field log. DFP Contract No. GW229. AnaJiment F. Page 28 of 91 Purging the Well Before purging the well, consider where the water you are removing from the well will go. Check first for any nearby surface water bodies, and direct the purge hose away from these features. Also, try to direct the purge water away from the well head area. If you have reason to believe the well is severely contaminated, don't sample it until first discussing with your supervisor and FDEP staff. Generally, no special precautions apply to the treatment of purge water because the Status and Temporal Variability Networks monitor ambient ground water with no or low concentrations of contaminants. If sampling is to take place in an area of known contamination, special disposal methods may apply. The purge water will likely be disposed of on -site if the water will infiltrate the same zone from which it was withdrawn. Otherwise, at the direction of the FDEP Project Manager, arrangements will be made to transport the purge water to a sewer system or plant, if the contaminant concentrations are within their treatment specifications. Purge Volume The volume of water to be purged depends upon the following: depth and diameter of the well, whether pumps are running continuously or intermittently, how close to the source the sample can be collected, and the presence of any storage /pressure tanks between the sampling point and the pump. If a storage /pressure tank is present, an adequate amount of water must be purged to completely exchange the water of the tank and ensure that the sample collected is representative of the ground water. • If the pump is continuously running and the sample can be collected prior to a tank, the valve should simply be opened and allowed to flush at maximum velocity for at least 15 minutes. • If the pump is continuously running and a tank is located ahead of the sample location, the purge must include the entire storage tank volume. • If the pump is running intermittently, it is necessary to determine, if possible, the volume to be purged, including storage /pressure tanks prior to the sampling point. The pump should then be run continuously at maximum velocity until the required volume has been purged. • If construction characteristics are not known for a well with an intermittently running pump, the pump should be run continuously for at least 15 minutes and until chemical stability is achieved. Temperature, pH, and conductivity readings are taken at regular intervals. These measurements, as well as dissolved oxygen, should be made in a. flow - through chamber to minimize atmospheric contact with the sample. When two consecutive readings of these field analytes agree within the amounts given in Table V -1, then the well is chemically stable. Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. • The construction of the well and pump and the method for purging should be noted in the field log and custody sheet. DEP Contract No. GW229, Attachment F, Page 29 of 91 16C3 Table V -1. Chemical Stability TEMPERATURE 0.2 °C SPECIFIC CONDUCTANCE 5% or 5 µS /cm if <100 µS pH 0.1 s.u. Measuring Field Analytes Temperature, pH, specific conductance, and dissolved oxygen readings must be collected within a flow - through chamber to minimize atmospheric contact with the sample. They may be taken at regular time intervals during the final purging process if using the chemical stabilization purge method as stated previously. Final field measurements are collected at the appropriate time interval after an adequate amount of water has been purged. The measurement time intervals will vary with the volume of water to be purged and must be adequately spaced to yield results representative of the aquifer. Calibration of the meters used to collect these analytes was addressed in Section IV. Field measurements must be made according to instrument operating procedures and recorded on the ground water field log sheet. Sample Collection After purging and measuring field analytes, the following must be considered for collecting water samples: • The sample will be taken from the spigot closest to the well head and before any screens, aerators, and filters, etc. • If possible the sample should also be collected prior to any storage /pressure tank. • It should be noted in the field log and custody sheet if a sample is collected from a spigot located after a tank. • Water flow should be slow and laminar while filling sample containers. Sample containers are filled in a specific order to prevent degradation and contamination of samples. The sample collection sequence is shown on the back of the custody sheet (Figure V- 1) and follows here. 1. Arrange one (and only one) complete container set. 2. Inspect containers for flaws. Discard any that look suspicious. 3. Label each container with a barcode label, with the barcode vertical. 4. Write the date /time on the sample container label. 5. As an error check, have another member of the sampling team review the bottles for mislabeling. 6. Wear new unpowdered latex gloves. 7. Inspect containers for flaws. Discard any looking suspicious. 8. Fill the 125 ml plastic container marked W -TOC with unfiltered sample water, leaving some headspace, and cap. 9. Fill the t liter plastic container for physical analytes with unfiltered sample water leaving some headspace and cap. 10. Fill the Whirlpaks °, using the following procedure: __u (�gntrpct No. GW229. Attachment F, Page 30 of 91 a. Wear unpowdered, disposable latex gloves while handling the Whirlpaks ®. b. Tear the top off of the Whirlpak® where it is perforated. c. Hold the bag such that its mouth is in front of the hands and fingers. d. Fill the bag with sample water. e. Press out excess water from the bag such that the Whirlpak® contains approximately 150 ml of sample (to fill line, leaving some airspace). f. Finally, seal the bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. 11. Filtered samples will be obtained by connecting a new 0.45 - micron filter unit to the spigot. The filter should be flushed with at least 250 ml of sample water prior to filling the sample containers. 12. Fill the 125 -m1 plastic container marked metals with filtered sample water, leaving some headspace, and cap. 13. Fill the 500 -m1 plastic container marked anions with filtered sample water leaving some headspace and cap. 14. Fill the 500 -m1 plastic container marked nutrients with filtered sample water, leaving some headspace, and cap. Sample Preservation Preservation of samples occurs after all samples have been collected, but within 15 minutes of collection. Acid Preservation The acid preservation sequence is designed to reduce cross - contamination. The acids will be provided in polypropylene vials by FDEP WM &DMS. One ml of concentrated American Chemical Society grade nitric or sulfuric acid will be in each 3.5 -m1 polypropylene vial. Organics and inorganic nutrients samples will be preserved first with sulfuric acid; then the metals sample is preserved with nitric acid. This order will eliminate the possibility of the nutrients becoming contaminated. After adding the acid, the pH values of the samples should be less than 2. This is confirmed by checking an aliquot of the sample with narrow range pH paper. Follow these procedures to preserve the TOC, nutrients, and metals samples with acid: 1. Wear unpowdered, disposable latex gloves and eye protection when handling acids. 2. First, preserve the total organic carbon and nutrients samples in the 125 and 500 -m1 bottles with sulfuric acid. I Unscrew the cap of the 500 -m1 nutrients bottle being careful that the cap is not dropped. 4. Unscrew the cap on one of the concentrated sulfuric acid vials, and discard this cap in an acid waste container. 5. Pour the 1 ml of acid into the nutrients bottle. 6. Discard the vial in an acid waste container. 7. Cap the sample bottle tightly and invert it to mix the acid with the sample. 8. Confirm that the pH value of the sample is now less than 2 by the following. Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in DEP Contract No. OW229, Attachment F, Page 31 of 91 s 1 the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 9. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 10. Add more acid by following steps 4 through 9 if the pH is greater than 2 pH units until it is lowered adequately. Document this deviation from the typical preservation procedure on the field log and custody sheet. 11. Tightly cap both the nutrients bottle when the pH value is below 2 and set aside. 12. Follow steps 3 through 11 to also preserve the TOC sample with sulfuric acid. 13. Next preserve the metals sample with nitric acid. Note one must be careful not to contaminate the nutrients with this nitric acid preservative; thus, the nutrients bottle must be capped and out of the way of this process. 14. Unscrew the cap on the metals bottle being careful that the cap is not dropped 15. Unscrew the cap on one of the concentrated nitric acid vials, and discard this cap in an acid waste container. Note that the nitric acid is generally distinguishable from the sulfuric acid because it has a yellowish -brown color. 16. Pour the 1 ml of acid into the 125 -m1 metals bottle. 17. Discard the vial in an acid waste container. 18. Cap the sample bottle and invert it to mix the acid with the sample. 19. Confirm that the pH of the sample is now less than 2 pH units by the following. Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pHpaper should not be directly placed into the sample bottle. 20. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 21. Add more acid by following steps 15 through 20 if the pH value is greater than 2 until it is lowered adequately. Document this deviation from the typical preservation procedure on the field log and custody sheet. 22. Tightly cap the metals bottle when the pH is below 2 pH units and set aside. Storage and Disposal of Acid Preservatives Acid preservatives are carried in sealed vials and are not opened until the time of sampling. They should be stored away from direct sunlight. Used vials are placed into a sealed container and transported back to the sampling agency's lab. They should be diluted/neutralized to a pH between 5 and 9 s.u. The liquid can then be poured into a sanitary sewer system. The vials should be rinsed several times with tap water, and the water discarded down the drain. Then the container holding the vials should be sealed and placed in the trash. Preservation on Wet Ice All samples must be quickly bagged and placed on wet ice after collection and acid preservation according to the following procedures. While more than one complete sample may be placed in a single cooler, under no circumstances should samples be split up between one or more coolers. DEP Contract No. GW229, Attachment F. Page 12 of 91 I . Wear unpowdered, disposable latex gloves while handling sampling containers. 2. Separate the nutrients and total organic carbon sample from other samples by placing it into a zip top baggy. 3. Place the metals sample also into a separate baggy. Note these two steps are an extra precaution to prevent cross - contamination. 4. Place all microbiology samples into a separate zip top baggy to prevent losing them from leakage. 5. Put all samples from a single station into a mesh bag. 6. Then place the bag of samples into a cooler with wet ice in order to chill the samples to 4 °C. Sample Custody Sample custody is of critical importance to the objectives of the Status and Temporal Variability Monitoring Networks. Although the magnitude and scope of the Networks do not allow for legal chain -of- custody procedures, proper sample custody is a high priority. Data gathered will be incorporated into an existing statewide water quality database. This incoming data must be properly linked to historical data. The database is also a source of public information; therefore, every effort must be made to avoid the association of erroneous analytical results to well or surface water sites. An example of the front of a sample custody sheet for ground water sampling is illustrated in Figure V -9. On the back of the custody sheet, is a container inventory as illustrated in Figure V -1. The container inventory lists the analytes to be measured, the container type that will hold the water sample for a group of analytes, and the methods for preserving the water sample. Sample custody sheets are completed (in carbonless triplicate) by the sampler, one for each return cooler. The following information is included on the custody sheet: • sampling agency • project name • sampler names • station identifier (label as shown in Figure V -3) • date and time sample was collected • specific conductance of the sample water • pH of the sample water In addition, a bar -coded label containing the weekly project request number (Figure V -10) is placed in the upper right hand corner of each sample custody sheet used that week. This process enables custody to be verifiable from the field to the lab for each container and sample. If there is any modification to the sample container or of the way the sample is collected, it should be reported in the Comments section of the custody sheet. Mistakes on the sample custody sheet will be deleted by drawing a single line through the error. The two top copies of the custody sheet (white and yellow sheets) are placed in a sealed plastic bag and taped to.the inside top of the FDEP cooler for shipment back to the Central Chemistry Lab with the samples. At the FDEP Chemistry Lab, information on the sample custody sheet is used to log in the samples. The other copy of the custody sheet (pink sheet) will be kept by the sampling agency and placed in the field logbook. DFP Contract No. GW229, Attachment F. Page 33 of 91 160 Figure V -9. Example of the Front of the Custody Sheet for Ground Water Sampling c V . � 0 Q O � >DU 'SJ a 7 l_, . rn 'S Q W AT r0�1 , .:4 W z W u R w pa = u b ti F x x x x o v ti 4i u u u v u 0 Q G V3 L E 8 E E E W u u u w u Z E E E E E R R In R rA R Vi y f/i W a z � o F a 0 w Z ai 7,i u u v c O e to c dw c. E 6 c E 6 E C6 E E E c E E t c E E E FF U v� V �n U rn V v> V t o U W O a a a LQ C R C t o z o E z o __ z o Z e z Z A ti .� n ti� as 'r, o -4 C .y V z 0 F < J H DEP Contract No. GW229, Attachment F. Page 34 of 91 E�3 Figure V -10. Example of Weekly Project Request Number Label GIIIIIiIIflI�IIliNllllllll�llllll�ll��lll RD- 1999- 05 -10 -01 Sampling of Wells without In -place Plumbing Denth to Water MPaciireMent The water depth relative to a known measuring point is measured using a graduated steel tape and chalk or an electronic water -level sensor. The depth to water is measured twice to the nearest 0.1 feet; both values are recorded in the field log. Purging the We11 Before purging the well, consider where the water you are removing from the well will go (refer to Piiraina the Well under Sampling of Wells with In -Place Plumbing). Frniinment T icerl to Pi rae Wellc Wells may be purged with any of the following types of pumps: centrifugal, peristaltic, or submersible. Unpowdered latex disposable gloves should be worn when handling the pump. Fuel driven power sources for the pumps must be located away from the well head and downwind to minimize contamination. Pump housing, tubing, and delivery hoses can be composed of inert material, teflon or stainless steel. Sampling may also be composed of non -inert material, polyethylene, polypropylene, or polyvinyl chloride, because no samples will be collected for trace organics. All submersible pumps or purge delivery hoses will be equipped with a one -way flow check valve to prevent backflow of purged water into the well. Purging Procedure 1. A submersible pump or a purge hose connected to a centrifugal or peristaltic pump is lowered into the top of the standing water column so that purging removes the standing water first and then draws replacement water from the formation of interest. DEP Contract No. GW229. Attachment F. Pace 35 of 91 1603 2. If the well recovers at a faster rate than the pump rate and no observable draw down occurs, the pump should be raised until the intake is within one foot of the top of the water column for the duration of purging. 3. If the pump rate is greater than the recovery rate of the well, the pump will have to be lowered, as necessary, to accommodate the draw down. 4. The well is considered purged when one of the following criteria is met: a. Three standing water volumes are removed and field analytes subsequently stabilize. b. Five standing water volumes are removed. c. The well is purged dry once, allowed to recover, purged dry again, and allowed to recover sufficiently to collect field analyte measurements and fill all of the sample containers from a peristaltic or submersible pump. The volume of water that needs to be removed from the well must be measured in order to determine that one of the above criteria is met and to avoid excess purging. One standing water volume in a well is calculated according to Table V -2. 6. Purge rate can be measured with a flow meter and, then, the necessary minimum purge volume divided by the purge rate for the length of time necessary for purging. 7. If a flow meter is not available, the flow rate can be estimated by measuring the time required to fill a container of known volume. The required purge volume is then divided by the estimated flow rate to find the estimated time necessary to purge the well. 8. If a flow meter is used, it should be calibrated periodically via the procedure given in step 7 above. 9. When the well is purged via the chemical stabilization method listed in step 4a above, purging is not considered complete until the well is determined to be chemically stable. Temperature, specific conductance, and pH are monitored and readings recorded at regular intervals until two consecutive measurements, taken after a minimum of three standing water volumes have been removed, agree within the amounts shown in Table V -1. Temperature may not be indicative of chemical stability when measured after using a centrifugal pump. This analyte may, therefore, be omitted in stability readings at the discretion of the sampler. The interval of measurement will be every half - standing water volume. Thus, the minimum amount of water purged should be no less than 3 standing water volumes. These measurements, as well as dissolved oxygen, should be made in a flow - through chamber to minimize atmospheric contact with the sample. Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. If more than 3.5 purge volumes are required to achieve chemical stability, the extra purge volume must be noted in the field log. When the well is stabilized, the final field measurements are recorded in the field log. 10. If samples will be collected using a different pump, the purge pump or hose must be slowly withdrawn from the well to remove the uppermost segment of water while still pumping. Once clear of the water, the pump and/or purge hose should be quickly retrieved to reduce backflow from the pump. DEP Contract No. GW229, Attachment F. Pa,,e 16 of 91 Table V -2. Water Volume Computation. A single standing water volume, in gallons, is given by the following equation: ONE VOLUME _ (D2) x (DW -DTW) x 0.041 where: D = casing diameter in inches DW = depth of well in feet DTW = depth to water in feet 0.041 = an approximation based on the conversion factor for cubic feet to gallons, inches to feet, and pi, etc. Measuring Field Analytes Temperature, pH, specific conductance, and dissolved oxygen readings must be made within a flow chamber to minimize atmospheric contact with the ground water. They may be taken at regular time intervals during the final purging process if using the chemical stabilization purge method as stated previously. The final field measurements are collected at the appropriate time interval after an adequate amount of water has been purged. If a well has been purged dry, the field analytes should be collected from the recovered volume of water. Calibration of the meters used to collect field analytes was addressed in Section IV. Field measurements must be taken according to instrument operating procedures and recorded on the ground water field log sheet. Sample Collection The following must be considered when collecting water samples: • Sampling should take place immediately after purging. • The maximum time between purging and sampling is six hours unless the well is purged dry. • If a well is purged completely dry, the time between purging and sampling should not exceed ten hours. • Sampling will be conducted with a submersible or peristaltic pump. A centrifugal pump can not be used. • The power source for a pump should be located away from the well and downwind to minimize contamination. • Because no trace organics are being collected; the pump housing, tubing, and delivery hoses can be composed of inert material, teflon or stainless steel, or non -inert material, polyethylene, polypropylene, or polyvinyl chloride. • A check valve should be present on the pump or delivery hose to prevent water from back - flushing into the well. • Also a flow - control valve must be present in order to control the flow rate of the sample. • When handling the pump, disposable unpowdered latex gloves should be worn. Also when handling the sample containers during the sample collection process, a clean pair of disposable unpowdered latex gloves must be worn. DFP Contract No. GW229, Attachment F. Paee 37 of 91 The sample collection sequence is shown on the back of the custody sheet (Figure V -1) and follows here. 1. Wear new unpowdered latex gloves. 2. Arrange one (and only one) complete container set. 3. Inspect containers for flaws. Do not use any that look suspicious. 4. Place a barcode label vertical on each container. 5. As an error check, have another member of the sampling team review the bottles for mislabeling. 6. Write the date /time on the sample container label. 7. Rinse the sample containers, excluding Whirlpaks, with sample water prior to filling If a filtered sample will be collected, rinse containers with filtered water. 8. Fill the 125 -m1 plastic container marked W -TOC with unfiltered sample water, leaving some headspace, and cap. 9. Fill the 1 -liter plastic container for physical analytes with unfiltered sample water leaving some headspace and cap. 10. Fill the Whirlpako containers with unfiltered sample water. Press out any excess water from each bag such that a Whirlpako contains approximately 150 ml of sample (to fill line, leaving some headspace). Finally, seal each bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together.and close. 11. Filtered samples will be obtained by connecting a new 0.45 micron filter unit to the pump's tubing. The filter should be flushed with at least 250 ml of sample water prior to filling containers. 12. Fill the 125 -m1 plastic container marked metals with filtered sample water, leaving some headspace, and cap. 13. Fill the 500 -m1 plastic container marked anions with filtered sample water, leaving some headspace, and cap. 14. Fill the 500 -m1 plastic container marked nutrients with filtered sample water, leaving some headspace, and cap. 15. Preserve samples and verify the pH of the acidified samples as given in Sample Preservation under Sampling of Wells with In -Place Plumbing. 16. Fill out required paperwork as in stated in Sample Custody under Sampling of Wells with In -Place Plumbing. Sampling Springs Springs are considered to be part of the unconfined aquifer resource, and will be sampled for the ground water analytes shown in Tables II -1 and II -2. The sampling point of a spring should be the vent from which maximum flow occurs. The sample should be collected from as close to the spring vent as possible, using a peristaltic pump, submersible pump, or Van Dorn sampler. If a pump is used, it should be placed in the vent in such a manner that it does not draw sediments or plant material into the sample water. Filtration of the sample should be done using the filtration capsules supplied for ground water sampling. The filter should be flushed with at least 250 ml of DEP Contract No. GW229, Attachment F, Page 38 of 91 �M_101.41 sample water prior to filling the sample containers. Consideration must be given to filtering samples collected with the Van Dorn sampler. This can be accomplished either by attaching a hand pump and filter capsule directly to the Van Dorn sampler, or by using a peristaltic pump to draw the sample from the Van Dorn through the filter capsule and into the sample container. The sample water should be collected into the containers and preserved as previously stated. Sample Shipment Proper sample shipment is imperative in the collection of environmental monitoring data. Strict adherence to the following steps for sample shipment will help assure the collection of accurate environmental monitoring data. • Sample analysis for the FDEP WM &DMS is currently being done by the FDEP Central Laboratory in Tallahassee, so all samples will be returned to this lab. • Sampling supplies will be shipped from the FDEP Central Laboratory to the sampling agency via United Parcel Service (UPS) no later than two weeks prior to the project begin date. • Each FDEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. • Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by WM &DMS staff. • Preservatives will be provided by the FDEP WM &DMS in advance of sampling. • A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets contained in zip top baggies to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to filling it with ice. Also, if the cooler has a spigot, place tape over it to prevent it from opening during transit and spilling water. Likewise, the lid must be taped closed to prevent opening during shipment. • Samples must be shipped daily; however, there will be extraneous circumstances where sample shipment can not occur until the following day. In this case, WM &DMS staff should be notified and the samples shall be kept at 4 °C. Samples that are shipped daily also must be kept at 4 °C. • Sample shipment shall be done during Monday through Thursday. No sample shipments shall be made on Fridays due to the fact that the Central lab would receive the samples on Saturdays. The Central lab does not accept samples on Weekends or Holidays. • Federal Express (FedEx) will be utilized for shipment of samples to the FDEP Central Laboratory. The FDEP laboratory and/or WM &DMS staff will provide FedEx airbills to sampling agencies for use in shipping water quality samples to the FDEP Central Laboratory. These airbills will be pre - printed with DEP's FedEx account number, so that all shipping costs are directed back to FDEP. DEP Contract No. GW229, Attachment F, Page 3,9 of() t 16C3 Ground Water GPS Procedures The Status Network will require extensive use of GPS equipment. This equipment will be used for navigation to randomly selected wells or springs and for collection of locational and field data. All participants of the Status Network should be using Trimble Pro XR° GPS equipment with differential correction. The decision to use this type of equipment was based on the institutional knowledge of Pro XR units and for consistency. All personnel using GPS equipment should be trained in the operation of such equipment and must strictly follow the FDEP Division of Water Resource Management's GPS Standards which can be found at the website, www.dep.state.fl.us. Training has been ongoing within the Division and will continue on as needed. Accuracy The Status Network incorporates the use of randomly selected coordinates for the identification of sample stations. The random coordinates or sites are selected as specified in the WM &DMS Overview of the Florida Department of Environmental Protection's Integrated Water Resource Monitoring Efforts and the Design Plan of the Status Network. Due to map errors and scale differences the sites may not fall directly on the intended well or spring. In this case the nearest well or spring should be selected for sampling. Normally the distance should only be a few meters off and is not considered problematic since the Division GPS Standards recommend the National Map Accuracy Standard of 12.2 meters. Waypoints Navigation to sites will require the creation of waypoint files. These files will contain the site ID and the corresponding latitude, longitude, and HAE (Height Above Ellipsoid), which is used in the field to navigate to the sites. The HAE should be taken from the data logger near the area of the randomly selected sites. The HAE is obtained from the current position information menu on the data logger. It is not critical that the HAE be exact, but it will help the accuracy of navigation to have it as close as possible. The waypoint file can be created in the office using Pathfinder Office® Software or in the field directly on the data logger. The creation of waypoint files is addressed in the Division of Water Resource Management's GPS Basics Manual, which can be obtained from WM &DMS staff. Navigation and Date Collection Navigating to randomly selected ground water sites can present many problems. GPS signals are line -of -sight microwave signals that are easily blocked by any mass, including well houses. To correct, navigate as close as possible to the random point and then read the distance -to -go and bearing to find the location of the resource. The reverse process (called an offset) may be needed to collect the locations of some sites after sampling. DFP Contract No. Gw229, Attachment F. Page 40 of 91 - , ME When collecting the location of a well it is important to make sure the GPS antenna is placed as close to the center of the wellhead as possible. If the well is located within a building or if the resource is a spring, an offset will be needed. Offsets are taken by measuring a distance and bearing from some point (Point B) away from the intended point (Point A "the well or spring ") and applying those measurements to correct back to the intended point (Point B + distance & bearing = Point A). Always remember, "The GPS knows where it is, tell it where you want it to be" and use a compass and tape measure for accuracy. The offset should be saved and the locational data collected. Once the locational data is captured, the data dictionary questions should be completed and then the file saved. There should only be one saved file per site. Offsets and navigation can be complex and are covered in the GPS Basics Manual. With practice a sampler should become quite proficient. File Nomenclature Once at the site, water levels, field measurements, and water quality samples will be collected and recorded onto field sheets before the GPS data is collected. The site location will be collected into the data logger after the lab samples have been collected and micro land use sheets completed. The GPS data file (.ssf file) shall be named similarly to the unique resource code. For example, the Northwest Florida Water Management District un- confined well number 26 in the A reporting unit of the first year cycle is NWA -UA -1026. The data logger file will be NWAUA026. The hyphens and the number one (1) in the number sequence are dropped to accommodate the eight -digit file name size in the data logger. There will only be one site per file. Data Dictionary The Status Network will also incorporate the use of a standard data dictionary (A Trimble electronic form) residing in the data logger memory. The data dictionary will contain all of the questions that are found on the field sheets. After the locational data has been collected you should pause the unit and then proceed to answer the questions in the data dictionary by following the field sheets. It is extremely important to collect the location in the data logger first and then pause the unit until all of the data dictionary questions have been answered. Once the data dictionary questions have been answered the "OK" key should be pressed to save the file. Many fields in the data dictionary require input and are restricted to certain constraints. For example, the pH range that is allowed to be entered into the data logger is between 0 and 14. The default is set to 0. A value of 0 in the data will signify that a problem had occurred and no data was collected for that analyte at that site. These constraints and defaults are also in other fields throughout the data dictionary. DFP Contract No. GW229, Attachment F, Page 41 of 91 16C3 Section VI. Quality Control Samples- Ground Water Quality control (QC) samples assess the accuracy and precision of sampling and analytical techniques. For ground water sampling in both the Status and Temporal Variability Networks, the QC samples consist of equipment blanks, field blanks, duplicate samples, and field reference samples. In addition, some agencies will submit analytical reference samples as part of the Ground Water TV Network. Equipment and Field Blanks Ideally, equipment blanks are samples of analyte -free water. Analyte -free water is defined as water having concentrations of the target analytes that are below detection. The same sampling and analytical methods used for actual samples will also be used for equipment blank samples. The following lists some of the problems that occur with these blanks: • The analyte -free water may contain detectable amounts of target compounds. • Sample collection equipment may be unclean. Sample containers may be unclean. Sample preservatives may be impure. Equipment blanks will be taken on precleaned and/or field cleaned equipment. Precleaned equipment refers to equipment that has been cleaned in -house prior to sampling. The total number of blanks that will be taken during a sampling project is dependent upon how many actual samples will be collected. Approximately one blank is taken for every five actual samples. The type of blank that will be collected depends upon how many precleaned sampling equipment sets will be used and how frequent the equipment will have to be decontaminated in the field. If field cleaning is performed during a project, then field cleaned equipment blanks are taken. Otherwise, if all the equipment that is used during a project is precleaned, precleaned blanks are obtained. Both types of blanks are prepared in the field prior to using the equipment to collect a sample. It should be noted on the field log sheet what type of blank is being collected at a site. Analyte- free water is ran through all of the sampling equipment and collected into sample containers. Since ground water samples are being collected directly from submersible and peristaltic pumps, the analyte -free water must be circulated through the pumps then captured into containers. A dedicated equipment blank container and a large volume of analyte -free water are needed. Follow these procedures for collecting a blank: 1. Fill a large clean high- density polyethylene container with analyte -free water and transport it into the field. 1) EP Contract No. GW229, Attachment F, Page 42 of 91 160 2. Follow the procedures listed in Section IX if the pump is cleaned in the field before collecting the equipment blank. If the blank is taken on precleaned equipment, the equipment should have been cleaned in the laboratory according to the appropriate procedures in Section IX prior to bringing it in the field. 3. Place the pump into the equipment blank container filled with analyte -free water. 4. Pump 5 volumes of water through the equipment. A volume will depend upon the capacity of the pump and attached tubing. 5. Rinse the sample containers out with the analyte -free water. 6. Then collect the equipment blank sample as if an actual sample. 7. Use the same filtration and preservation methods as with an actual sample. Equipment blank labels are provided to sampling agencies by FDEP WM &DMS staff (Figure VI -1). These labels should be placed vertically on the sample containers. They are also placed on the custody sheet and field log sheet when equipment blank samples are collected. Equipment blank samples are shipped to the FDEP Central Laboratory with regular samples collected for that day (refer to Section V for further information on sample custody and shipment). Figure VI -1. Example of Equipment Blank Label EQUIPMENT BLANK Field blanks. must be taken in cases where the only sampling equipment is the sample container, such as with wells with in -place plumbing. They should also be collected if analytes are detected at high levels in equipment blanks. A field blank consists of filling on -site the suite of sample containers with analyte -free water, preserving as with actual samples, sealing the containers, documenting it as a quality assurance sample /field blank, and shipping it to the laboratory as is done with actual field samples. The analyte -free water is not run through the sampling equipment. The custody sheet and field log should indicate that a field blank sample was collected. This procedure is an aid in determining if the equipment blank contamination is a result of tainted acid preservatives or impure analyte -free water instead of unclean sampling equipment. DEP Contract No. GW229. Attachment F, Page 43 of 91 Duplicate Samples (Optional) Duplicate samples are collected to measure the variability inherent in the sampling process. A duplicate sample is obtained at a site by duplicating, in rapid succession, the entire sample acquisition procedure that was used to obtain the first sample. It is collected and analyzed for the same analytes as the associated sample. These sequential samples will have different sample times. For ground water duplicates, one kit of containers will be filled with sample water from the pump and preserved appropriately. Then a second kit will be filled from the pump and preserved. Duplicate labels will be provided by the FDEP WM &DMS (Figure VI -2). The labels will be placed vertically on the sample containers. A label will also be put on the field log sheet and custody sheet. The original sample and the duplicate sample must be listed separately on the custody sheet. It is not necessary to collect a second set of field measurements; thus, the same Feld analyte values can be used for both the original and duplicate samples. Figure VI -2. Example of Duplicate Label IVIflI�IIIdll�llll811f1 Field Reference Samples Reference samples for pH and specific conductance are prepared by the USGS WRD in Ocala, Florida. The USGS determines the most probable (mean) value and standard deviation for each sample. These statistics are then used to evaluate field measurement performance. Reference samples are distributed to each sampling agency by the USGS. The procedures to follow in order to obtain these samples are addressed in Section III. The reference samples are analyzed.at a minimum rate of one for every five to ten actual samples. The values of the samples are determined while out in the field after calibrating the instruments. The resulting measurements are reported to FDEP WM &DMS staff, along with the name of the analyst, name of sample site, date of sampling, make and model of instrument, and sample identification number. This information is recorded on a Field Reference Sample Reporting Form (Figure VI -3) and immediately submitted to the WM &DMS Project Manager or QA Officer by fax, telephone, or electronic mail. Results are evaluated quickly. They are given a satisfactory, marginal, or unsatisfactory rating. In case of unsatisfactory or marginal performance, a follow -up reference sample is analyzed. Typical reasons for poor performance on field reference samples are dirty probes, low batteries, contaminated standards, faulty meters, and occasionally analyst error. DEP Contract No. GW229. Attachment F, Page 44 of 91 16C3 Analytical Reference Samples USGS laboratories in Denver and Ocala prepare lab reference samples for the Ambient Monitoring Network. Multiple -lab analysis is performed to obtain mean values and standard deviations for selected constituents. The samples are then submitted "blind" to the analytical laboratories monthly. The measured values are then compared to the most - probable values. Results are then reviewed with the laboratory to determine if lab accuracy is within control limits. Each month, 5 analytical reference samples will be submitted to the FDEP Central Laboratory by a subset of sampling agencies, in conjunction with the Ground Water TV Network. Specific instructions for submitting analytical reference samples will be provided to the appropriate agencies by the WM &DMS. Figure VI -3. Example of Field Reference Sample Reporting Form FIELD QUALITY CONTROL REFERENCE SAMPLE RESULTS AGENCY: ANALYST: DATE OF ANALYSIS: PROJECT: SAMPLE ID: INSTRUMENT ID (make, model, and Id #): MEASURED VALUE: COMMENTS: SAMPLE ID: INSTRUMENT ID (make, model, and Id #): MEASURED VALUE: COMMENTS: pH CONDUCTANCE DEP Contract No. GW229,:Attachment F, Pale 45 of-91 Section VII. Surface Water Sampling Protocols At all surface water sites being monitored for the Temporal Variability and Status Networks, field analytes will be measured then a water sample will be taken. A representative sample of the surface water of interest should be obtained when collecting the water at a site. Samples should be obtained in an approved and reproducible manner. Prior to going into the field, maps and previous field logs are used to determine the number of sites to be sampled and the order in which they will be sampled. Supplies and equipment should be inventoried before each sampling trip as discussed in Section III. An example of an inventory list of equipment and supplies that will be taken in the field for surface water sampling is shown in Figure VII -l. Clean or new equipment must be used at each sample site. Proper cleaning procedures are described in Section IX. Sampling Locations Surface Water Temporal Variability Network For surface water Temporal Variability sites, a reference station that is a permanent landmark, such as a bridge or gage, should have been previously located near the actual sampling point using differentially - corrected Global Positioning System (DGPS). Physical site data should have been documented to ensure that the sampler returns to the same place every month to collect field measurements and a water sample. Surface Water Status Network Information on Status sites should have been obtained prior to sampling through reconnaissance procedures. Upon reaching the site, the following presents the location within the waterbody at which sampling occurs for the various resource types in the Status Network. For low order streams, high order streams, and canals, the field measurements and water sample should be collected in the middle of the waterbody nearest the random location (randomized - latitude /longitude) as shown in FigureVII -2. The middle is detenmined from water edge to water edge. Even if the random location falls within the waterbody closer to a bank, the measurements and sample should be taken in the middle. If a sandbar is present in the middle of the waterbody, then go to the nearest point that can be sampled. This may be the middle of the channel nearest the random point (Figure VII -3). Otherwise, the samplers may have to go to the middle of the waters upstream or downstream from the random point in order to collect measurements and the water sample. The maximum distance from the random point at which a sample point can be located is 50 m upstream or 50 m downstream. The minimum sample depth is 10 cm. If the sample point falls in an area where water is pooled rather than flowing, the measurements and water sample should still be collected from this area. DEP Contract No. GW229, Attachment F, Pave 46 of 9l I r"i Figure VII -1. Example of Surface Water Sampling Equipment and Supplies Inventory List Sampling Equipment _ Sampling Truck (cleaned as necessary before sample event) _ Boat (life jackets, paddles, safety flares) _ Laptop computer (for Hydrolab operation) _ Waders, boots, rain gear _ Hydrolab multimeter (field parameters and profiling) _ Wildco beta bottle (non wadeable streams) Secchi disk _ 50ft. fiberglass tape Digital camera GPS unit Sampling Supplies _ Hydrolab meter standards and buffers _ Field sheets, submittal forms, bottle labels, ball point pens, sharpie pens and pencils _ TV notebook with station info. & maps — Two - 48quart ice chest one for samples and one for ice — Preservatives: H2SO4, HNO3 and ice _ pH strips _ Protective eyewear — Non - powdered latex gloves (XL size) _ 30m1 BD syringes & disposable 0.45 um filters (ortho -PO4) — Ziploc bags for samples (sandwich - Whirlpacks8, gal. size – chemistry samples) _ Laboratory supplied sample bottles — Three plastic squirt bottles for cleaning (DI, Liquinox and HCl) _ Two -5gal. Neaprene jugs with DI (one for equipment blanks and one for cleaning) _ Strapping tape and cooler liners for sample shipping Other Equipment or Supplies DEP Contract No. GW229, Attachment F Pace 47 of 91 Figure VII -2. Location for Collecting Samples in Low and High Order Streams Plus Canals Random location Middle of the stream where field measurements and sample collected Figure VII -3. Location for Collecting Samples in Streams and Canals if a Sandbar Is Present \ X Random location Middle of the channel where field measurements and sample collected Fnr large lakes, the field iMengilremenk nnd wnter caMple sbould he callected at the specified If the random location falls outside the water, then go to nearest point that can be sampled. The minimum sample depth is 10 cm. Figure VII -4. Location for Collecting Samples in Large Lakes Random sample location where measurements an sample taken nEP Contract No. GW229. 4ttachn,enr 48-nf-q] 16C3 the lake neareqt the randrim InC.,gtion (rij3dnmi7ed latitude and longitude)-as show+ in Figure 3ZTT -5 Samplers will have to estimate the centroid. If a sandbar is present in the area, then go to the nearest point that can be sampled. The minimum sample depth is 10 cm. Figure VII -5. Location for Collecting Samples in Small Lakes Centroid of the lake where measurements and sample taken Random sample location In the cage nf emergent vegetation rovering the random location, accesq In the rnncialm lnrnflon Generally, accessibility was determined during site - reconnaissance. A site may change between the reconnaissance and sampling period, however. The site is deemed accessible and, therefore, able to be sampled if it can be reached by conventional means, such as boat, airboat, and wading, etc. At the time of sampling, the closest area relatively free from vegetation shall be the actual sampling point. This area should be at least 0.5 meter square, and allow for immersion of the sampling device in such a manner that does not cause excessive agitation of sediment or surrounding vegetation. Minimum water depth is 10 cm. Field Measurements If an electronic measuring device is used, the manufacturer's instructions should be followed; and at least two readings should be taken to ensure accuracy. The two readings are then averaged for the final total depth. If the total depth is less than 1.5 m, field measurements will be taken at 0.5 m from the surface or at mid -depth whichever is shallower. However, if the total depth is equal to or exceeds 1.5 m, readings will be taken at 0.5 m from the surface and 0.5 m from the bottom. The total depth, field measurement depth, and field measurement values should be recorded on the field log sheet. _. QEP Contract Nn (;W779 Att:irhmPnt F PAOe dU of Q At all surface water sampling sites, field measurements will be made for the following analytes: • pH • dissolved oxygen • specific conductance • temperature • secchi depth (transparency) Calibration of the various instruments that can be used to measure pH, dissolved oxygen, specific conductance, and temperature was addressed in Section IV. Instrument operating instructions should be followed when taking measurements. Secchi depth is determined with a circular disk that is 20 cm in diameter, has alternating black and white quadrants on the upper surface, and has a weight on the lower surface. This is the depth that a person can see into the water, that is the transparency of the water. The following is the procedure for using the secchi disk: 1. Remove sunglasses. 2. Lower the secchi disk into shaded water using graduated line (line is marked in 0.1 -m increments). 3. Record the depth at which the disk disappears to the 0.1 m. 4. Lower the disk slightly farther. 5. Raise the disk until it reappears, and record this reappearance depth to the 0.1 m. 6. Average these two depths for the secchi depth. 7. Or, if the disk is visible to the bottom of the water, note such. 8. Record any factors that might have affected the accuracy of this measurement, such as choppy water, in the comments section of the field log sheet. Also, at surface water sites in the Temporal Variability and Status Networks, stage height will be recorded if it is available. This measurement can be obtained from staff gages, continuous recording gages, wire weight gages, tape down measurements, or any existing USGS gaging stations located in close proximity to the sampling sites. Sample Collection Anal es For Temporal Variability monitoring of both streams and lakes and Status monitoring of streams, samples will be collected for the following analyte groups: • biology- chlorophyll -A • organics- total organic carbon • inorganics- inorganic anions (chloride, sulfate, and fluoride), nutrients (nitrate- nitrite, ammonia, kjeldahl nitrogen, total phosphorus, and orthophosphate), and alkalinity • physical properties- turbidity, specific conductance, color, total suspended solids, and total dissolved solids • metals- calcium, magnesium, sodium, and potassium, and • microbiology- fecal coliform and enterococci DEP Contract No. GW229, Attachment F, Pate 50 of 91 V,yp For Status monitoring of lakes, samples will be collected for the following analyte groups: • biology- chlorophyll -A, phytoplankton taxonomy, and algal growth potential • organics- total organic carbon • inorganics- inorganic anions (chloride, sulfate, and fluoride), nutrients (nitrate- nitrite, ammonia, kjeldahl nitrogen, total phosphorus, and orthophosphate), and alkalinity • physical properties- turbidity, specific conductance, color, total suspended solids, and total dissolved solids • metals- calcium, magnesium, sodium, and potassium • microbiology- total and fecal coliform, enterococci, and E. coli All samples will be collected unfiltered except for orthophosphate and specific conductance. For these samples, sample water will be placed into a syringe and ran through a 0.45 - micron filter attached to the syringe. This filtered water is then captured into a sample container. The FDEP WM &DMS will provide both syringes and filters for filtering these samples. Unfiltered samples will be collected before the filtered sample. The following is the order in which sample water will be collected for particular analytes: 1. biology 2. organics + inorganic nutrients excluding orthophosphate 3. physical properties + inorganic anions + alkalinity 4. metals 5. microbiology 6. inorganic nutrients- orthophosphate + specific conductance Sample Containers Sample water will be collected into polyethylene plastic bottles or Whirlpaks® that are provided in pre - cleaned condition by FDEP's Central Chemistry and Biology Laboratory. Table VII -1 lists specific containers for analytes in the order that they should be filled. Only one container should be filled with sample water for the analyte group listed with the exception of bacteria, which requires that two Whirlpakso be filled. Prior to labeling and filling, all containers should be inspected for flaws, If a flaw is apparent on a container, that container should be discarded. Labeling Sample Containers In the field, all the containers for a single sample site are labeled prior to filling. At any one sample location, only one set of containers will be out and labeled. Station identification labels are provided to the sampling agencies by the WM &DMS (Figure VII -6). These labels are barcoded to uniquely identify a sample station. Several labels are provided for each sampling site. A label will be placed vertically on each sample container for a site. The Central Laboratory places two types of labels on the sample bottles prior to shipping. One identifies the weekly sampling project request number and the sample analytes for that container (Figure VII- I). The other provides the production container numbers for a specific sample bottle (Figure VII -8). Samplers should write the time and date at which a station is sampled on the laboratory project and sample identification label of each container. Clean unpowdered latex gloves should be worn while handling these containers. h_F.P Contract No, GW229,_Attac ment F. Paee_a_Qf 91 16% C 3 Table VII -1. Containers for Surface Water Sampling ANALYTE CONTAINER LABEL CONTAINER TYPE Chlorophyll Chlorophyll 1 liter opaque plastic bottle Phytoplankton taxonomy Phytoplankton 1 liter opaque plastic bottle Algal Growth Potential AGP 500 ml plastic bottle Total Organic Carbon Nutrient 500 ml plastic bottle Nitrate + Nitrite Total Kjeldahl Nitrogen Phosphorus Chloride Anion 1 liter plastic bottle Sulfate Fluoride Alkalinity Color Turbidity Total Dissolved Solids Total Suspended Solids Calcium W -ICP 500 ml plastic bottle Potassium Metals Sodium Magnesium Fecal Coliform Bacteria Whirlpacks 4 oz E. coli Orthophosphate W -PO4 -F 125 ml plastic bottle Specific Conductance W- COND -F Only conectea in takes for the Status Monitoring Network. Figure VII -6. Example of Station Identification Label _, DEP Contract-No, O 229,_Attachment F_ PaueF_ 52 of 91 Figure VII -7. Example of Laboratory Project and Sample Identification Label RQ- 1999- 01 -18 -17 SCE -FLTR W -PO4 -F Figure VII -8. Example of Laboratory Production and Container Numbers Label iiuliiiiiiliiiiiiiiiiiiimiiuiii CONTAINER, 000372 Sampling Precautions Samples should be collected from downstream to upstream at a stream or river site. Water is grabbed upstream from the body. When sampling from a fuel powered boat, the samples should be collected upstream from the boat. At all sites, samples should be taken at the farthest, reasonable point from the fuel source and engine if sampling from a boat. If wading in to collect samples, the sediments should not be disturbed. DEP Contract No. GW229. A1Ja hment F Pay 5; of 91 Sample Collection Depth When total water depth is equal to or less than one meter, samples will be collected directly into the sample containers at mid - depth. When the water depth is greater than one meter, a Van Dorn horizontal sampling device (Alpha or Beta bottle) will be used to collect water at 0.5 m from the surface. This device can be composed of clear acrylic or polyvinyl chloride. Because no trace organics will be sampled, equipment composed of these non -inert materials can be used to collect surface water samples. The depth at which the sample is collected should be recorded on the field log sheet. Sample Collection When Total Water Depth Is One Meter or Less When total water depth is equal to or less than one meter, unfiltered samples are collected directly into the sample containers at mid - depth. To collect a sample into a bottle, follow these procedures: 1. Wear unpowdered, disposable latex gloves while handling the containers during the collection process. 2. Submerse the bottle neck first into the water to the appropriate depth. 3. Invert the bottle such that its neck is upright pointing into the water flow if any. 4. Bring bottle to the surface. 5. Shake and rinse the interior surface with sample water. 6. Then pour water downstream or away from the sample location. 7. Repeat steps 2 through 4. 8. Collect the chlorophyll sample in the 1 -liter opaque plastic bottle quickly to avoid degradation by light. Leave some headspace. If sampling for the Status Network in lakes, collect all three of the biology samples quickly to avoid degradation by light. 9. Allow some space in the metals and nutrients containers for acid preservatives by pouring out a small amount, approximately 5 ml, of the sample water away from the sample location; all other bottles leave some headspace. 10. Finally, cap each bottle tightly. To collect a sample into a Whirlpako, do the following: 1. Wear unpowdered, disposable latex gloves while handling the Whirlpaks 2. Tear the top off of the Whirlpako where it is perforated. 3. Hold the bag such that its mouth is in front of the hands and fingers. 4. Immerse the bag while it is still closed. 5. Then open the bag gently into the current if there is any. 6. Bring a full bag to the surface to avoid collecting surface film. 7. Press out excess water from the bag such that the Whirlpako contains approximately 150 ml of sample. 8. Finally, seal the bag tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. To obtain the filtered orthophosphate sample, follow these procedures: 1. Leave the capon the tip and remove the plunger from anew 30 or 60 ml disposable syringe. 2. Lower the syringe into the water to the appropriate depth and invert it such that the opening is pointing into the water flow if any. 3. Bring syringe to surface. 4. With the syringe pointed downstream or away from sample site, remove cap on tip and slowly insert plunger pushing sample water out of the syringe. 5. Remove plunger and replace cap on syringe tip. 6. Repeat steps 2 and 3. 7. Remove cap on tip and attach a new 0.45- micron disk filter to the syringe. 8. Carefully insert the plunger without flushing all of the water through the syringe. 9. Flush the filter with approximately 5 to 10 ml of the sample water, disposing of this water away from the sample site. 10. Then filter a small amount, 10 to 20 ml, of the water into the 125 -m1 W -PO4 -F (orthophosphate) bottle, and rinse the bottle and bottle cap with the filtered water. 11. Dispose of this water away from the sample site. 12. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle. Make sure no unfiltered water, such as water dripping on the outside of the syringe, gets into the bottle. 13. After emptying the syringe, disconnect the filter, remove the plunger, and replace the cap for the syringe tip. 14. Lower the syringe into the water to the appropriate depth and invert it such that the opening is pointing into the water flow if any. 15. Bring syringe to surface. 16. Quickly remove cap on tip and re- attach the 0.45- micron disk filter to the syringe. 17. Slowly reinsert the plunger and push filtered sample water into the 125 -m1 bottle, ensuring that no unfiltered water drips into the bottle. 18. Repeat steps 13 through 17 until the 125 -m1 bottle is filled with a minimum of 100 ml of the filtered water leaving some headspace. 19. Cap the sample bottle tightly. 20. Discard the syringe and filter when done. Sample Collection When Total Water Depth Is Greater Than One Meter When the water depth is greater than one meter, a Van Dorn horizontal sampling device (Alpha or Beta bottle) will be used to collect water at 0.5 m from the surface. To accurately measure the sample depth, the line attached to the sampling device should be marked in increments. Following are the procedures to use when collecting unfiltered samples with the Van Dorn bottle: 1. Wear unpowdered, disposable latex gloves when handling the sampling device or sample containers during the collection process. 2. Lower the Van Dorn slowly to the appropriate depth without disturbing the sediments. 3. Rinse it with the sample water. 4. Then collect the sample into the bottle by sending the messenger down to close the ends. 5. Retrieve the device slowly. 6. For unfiltered samples, pour the water directly from the Van Dorn bottle into the sample containers using the spigot /stopcock to control the flow. 7. Rinse the sample bottles with approximately 10 to 20 ml of sample water prior to filling; do not rinse the Whirlpaks ®. 8. Collect the chlorophyll sample in the 1 -liter opaque plastic bottle quickly to avoid degradation by light, leaving some headspace. If sampling for the Status Network in lakes, collect all three of the biology samples quickly to avoid degradation by light. 9. Leave some space for the acid preservatives in the metals and nutrients bottles, and fill all other bottles leaving some headspace. 10. Cap each bottle tightly. 11. Fill the Whirlpak® to the top with sample water; then press out the excess water from the bag such that it contains approximately 150 ml of sample, to fill line leaving some headspace. 12. Seal each Whirlpak® tightly with at least three folds at the top and the wire ties bent in half with the ends twisted together. If using only a 2.2 or 3.2 liter Van Dorn bottle, multiple grabs will have to be taken to fill all the sample containers. In this case, follow these procerdures: 1. Take one grab following the steps 1 through 5 as previously listed. 2. Fill the chlorophyll container, using the spigot/stopcock to control the flow, with approximately 10 to 20 ml of sample water to rinse it. 3. Discard the rinse water away from the sample site. 4. Next fill the chlorophyll container with 1 liter of sample water leaving some headspace. 5. If collecting samples at a lake site for the Status Network, fill the 1 L phytoplankton taxonomy container after rinsing. 6. Discard the remaining water in the Van Dorn bottle away from the sample site. 7. If collecting water from a lake site in the Status Network, take a second grab with the Van Dorn and fill the AGP container after rinsing it. 8. Discard any remaining water away from the sample site. 9. Then take another grab with the Van Dorn and rinse and fill the remaining containers, leaving some headspace. To collect the filtered orthophosphate sample, follow these procedures: 1. Pour approximately 10 to 20 ml of sample water from the Van Dorn bottle into a new 30 or 60 ml syringe after removing the syringe plunger. 2. Rinse the syringe and syringe plunger with this water; then dispose of the water away from the sample site. 3. Remove the syringe plunger. 4. Attach a new 0.45 micron disk filter to the syringe. 5. Fill the syringe with water from the Van Dorn bottle. 6. Carefully insert the plunger without flushing all of the water through the syringe. 7. Flush the filter with approximately 5 to 10 ml of the sample water. 8. Then filter a small amount, 10 to 20 ml, of the water into the 125 -m1 W -PO4 -F (orthophosphate) bottle, and rinse the bottle with the filtered water. 9. Dispose of this water away from the sample site. 161 C3 10. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle. Make sure no unfiltered water, such as water dripping on the outside of the syringe, gets into the bottle. 11. After emptying the syringe, disconnect the filter, and pull out the syringe plunger. 12. Replace the filter on the syringe, and fill the syringe again with sample water from the Van Dorn bottle. 13. Reinsert the plunger and attach the filter. 14. Then push the water out of the syringe, through the filter, and into the 125 -m1 bottle, making sure no unfiltered water drips into the bottle. 15. Repeat steps 11 through 14 until the 125 -ml bottle is filled with at least 100 ml of the filtered water, leaving some headspace. 16. Discard the syringe and filter when done. Sample Preservation Preservation of samples occurs after all samples have been collected, but within 15 minutes of collection. The preservation of phytoplankton taxonomy samples with Lugol's solution is the only exception. Lugol's Solution Preservation The phytoplankton taxonomy samples that are collected at lake sites in the Status Network must be preserved with Lugol's solution. The FDEP Biology Section will preserve these samples upon receipt at the laboratory. Acid Preservation The acid preservation sequence is designed to reduce cross - contamination. The acids will be provided in polypropylene vials by FDEP WM &DMS. One ml of concentrated American Chemical Society grade nitric or sulfuric acid will be in each 3.5 ml polypropylene vial. Organics and inorganic nutrients samples will be preserved first with sulfuric acid; then the metals sample is preserved with nitric acid. This order will eliminate the possibility of the nutrients becoming contaminated. After adding the acid, the pH of the samples should be less than 2. This is confirmed by checking an aliquot of the sample with narrow range pH paper. - Follow these procedures to preserve the nutrients and metals samples with acid: 1. Wear unpowdered, disposable latex gloves and eye protection when handling acids. 2. First, preserve the total organic carbon and nutrients sample in the 500 -m1 bottle with sulfuric acid. 3. Unscrew the cap on this bottle being careful not to drop the cap. 4. Unscrew the cap on one of the concentrated sulfuric acid vials, and discard this cap in an acid waste container. 5. Pour the 1 ml of acid into the 500 -m1 nutrient bottle. 6. Discard the vial in an acid waste container. 7. Cap the sample bottle tightly and invert it to mix the acid with the sample. V_ (-W 'M Art—h —t F. Plop -�7 of91 I �/" 03 8. Confirm that the pH of the sample is now less than 2 by the following steps: Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 9. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 10. Add more acid by following steps 4 through 9 if the pH is greater than 2, until the pH is lowered adequately. Document this deviation in typical preservation procedure on the field log and custody sheet. 11. Tightly cap the nutrients bottle when the pH is below 2 and set aside. 12. Next preserve the metals sample with nitric acid. Note one must be careful not to contaminate the nutrients with this nitric acid preservative; thus, the nutrients bottle must be capped and out of the way of this process. 13. Unscrew the cap on the metals bottle being careful not to drop the cap. 14. Unscrew the cap on one of the concentrated nitric acid vials, and discard this cap in an acid waste container. Note that the nitric acid is generally distinguishable from the sulfuric acid because it has a yellowish -brown color. 15. Pour the 1 ml of acid into the 500 -m1 metals bottle. 16. Discard the vial in an acid waste container. 17. Cap the sample bottle and invert it to mix the acid with the sample. 18. Confirm that the pH of the sample is now less than 2 by the following steps: Uncap the sample bottle, pour a few millimeters of the sample from the container into a disposable cup, and place pH paper that is in the 1 to 2 range in the sample water in the cup. Alternatively, pour a small amount of sample directly onto the narrow range pH paper over the acid waste container. Note that the pH paper should not be directly placed into the sample bottle. 19. Discard the aliquot and disposable cup into the acid waste container after measuring the pH. Do not pour the aliquot back into the sample bottle. 20. Add more acid by following steps 14 through 19 if the pH is greater than 2, until the pH is lowered adequately. Document this deviation in typical preservation procedure on the field log and custody sheet. 21. Tightly cap the metals bottle when the pH is below 2 and set aside. Storage and Disposal of Acid Preservatives Acid preservatives are carried in sealed vials and are not opened until the time of sampling. They should be stored away from direct sunlight. Used vials are placed into a sealed container and transported back to the sampling agency's lab. They should be diluted/neutralized to a pH between 5 and 9. The liquid can then be poured down a sanitary sewer system. The vials should be rinsed several times with tap water, and the water discarded down the drain. Then the container holding the vials should be sealed and placed in the trash. Preservation on Wet Ice All samples must be quickly bagged and placed on wet ice after collection and acid preservation according to the following procedures: AT,_ r�� ;7'2.'2n nrr____ ,.t,....�... c._. G4 _F01 I . Wear unpowdered, disposable latex gloves while handling sampling containers. 2. Separate the nutrients and total organic carbon sample from other samples by placing it into a zip top baggy. 3. Also place the metals sample into a separate baggy. Note these two steps are an extra precaution to prevent cross - contamination. 4. Place all microbiology samples into a separate zip top baggy to prevent losing them from leakage. 5. Put all samples from a single station into a mesh bag. 6. Then place the bag of samples into a cooler with wet ice in order to chill the samples to 4 °C. Documentation Sample documentation begins in the FDEP Central Chemistry and Biology Laboratories with the containers that they prepare for the samples. The containers are connected to the requested analytical work via the sample container type and appropriate labels. The Chemistry Laboratory labels each container with the weekly project request number, analysis type, and preservation requirements prior to shipping them to the sampling agencies (Figure VII -7). The FDEP WM &DMS provides the agencies with station identification labels (Figure VII -6) that are bar coded to uniquely identify a sample station. These are placed on the sample containers. In addition, one label is placed on the sample custody sheet to provide a link between the containers and the custody sheet. Sample custody is of critical importance to the objectives of the Status and Temporal Variability Monitoring Networks. Although the magnitude and scope of the Networks do not allow for legal chain -of- custody procedures, proper sample custody is a high priority. Data gathered will be incorporated into an existing statewide water quality database. This incoming data must be properly linked to historical data. The database is also a source of public information; therefore, every effort must be made to avoid the association of erroneous analytical results to well or surface water sites. An example of the front of a sample custody sheet for surface water sampling is illustrated in Figure VII -9. On the back of the custody sheet, is a container inventory which is Network and sample site specific as illustrated in Figures VII -10, VII -11, VII -12. The container inventory lists the analytes to be measured, the container type that will hold the water sample for a group of analytes, and the methods for preserving the water sample. Sample custody sheets are completed (in carbonless triplicate) by the sampler, one for each return cooler. The following information is included on the custody sheet: • sampling agency • project name • sampler names • station identifier (label as shown in Figure VII -6) • date and time sample was collected • specific conductance of the sample water • pH of the sample water r*- (:NAVY )0 _ e n,, h.,,_„L r.__P�o, �'9 n 41 160 In addition, a barcoded label containing the weekly project request number (Figure VIl -13) is placed in the upper right hand corner of each sample custody sheet used that sampling month. This process enables custody to be verifiable from the field to the lab for each container and sample. If there is any modification to the sample container or of the way the sample is collected, it should be reported in the Comments section of the custody sheet. *t_ ....12.,- F,A -FQI 16 C-3 Figure VII -9. Example of the Front of the Custody Sheet for Surface Water Sampling A a� as zo 0 o� z �O�rr V �G w .a W m (.4) Q AA x •' V` k sk 4�:N1ava7.:> 'w a O H z a a z d.. a c a �E z! h: a dCA a a a ,da = a o. a, c U U U U U uni cn cn vi vai E E E E E w F F F F F v a u u E E E E E z L C F O w vi s as E c E c E u = E E cn rn U' y U w 0 a a a A Q 1 A W A A 4j E q E } _ e z C z o z .� :e a .. o n e V z ° a ° C °- o O A rA O cA o Ln Ch d O � c a vi d -N m �. V7 DFP Contract No. GW229. Attachment F. Page 61 of 91 E VII -10. Back of the Custody Sheet for Surface Water TV Sampling SURFACE WATER TEMPORAL VARIABILITY NETWORK CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Nutrient TOC, NO3 +NO2, (1) 500 nil plastic Unfiltered; H2SO4 vial to pH <2; chill to NH3,TKN, P 4 °C DEP Anion Cl, SO4, F, (1) 1 liter plastic Unfiltered; chill to 4 °C Alkalinity,Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 nil plastic Unfiltered; HNO3 vial to pH <2; chill to 4 °C DEP Bacteria Enterococci (2) Whirlpacks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to 4 °C W- COND -F Conductance Figure VII -11. Back of the Custody Sheet for Status Sampling of Streams STATUS NETWORK- STREAMS CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Nutrient TOC, NO3 +NO2i (1) 500 ml plastic Unfiltered; H2SO4 vial to pH <2; chill to NH3,TKN, P 4 °C DEP Anion Cl, SO4, F, (1) 1 liter plastic Unfiltered; chill to 4 °C Alkalinity,Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 nil plastic Unfiltered; HNO3 vial to pH <2; chill to 4 °C DEP Bacteria Enterococci (2) Whirlpacks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to.4 °C W- COND -F Conductance DEP Contract No. GW229. Attachment _F. Paee 62 of 91____ WIN01- Figure VII -12. Back of the Custody Sheet for Status Sampling of Lakes STATUS NETWORK- LAKES CONTAINER INVENTORY LAB CONTAINER ANALYSES DESCRIPTION SAMPLE PREPARATION DEP Chlorophyll Chlorophyll (1) 1 liter opaque plastic Unfiltered; chill to 4 °C DEP Phytoplankton Phytoplankton (1) 1 liter opaque plastic Unfiltered; Lugol's Solution; chill to 4 °C Identification DEP Algal Growth AGP (1) 500 ml plastic Unfiltered; chill to 4 °C Potential DEP Nutrient TOC, NO3 +NO2, (1) 500 ml plastic Unfiltered; H2SO4 vial to pH <2; chill to NH3,TKN, P 4 °C DEP Anion Cl, SO,, F, (1) 1 liter plastic Unfiltered; chill to 4 °C Alkalinity,Color, Turbidity,TDS, TSS DEP Metals Ca, K, Na, Mg (1) 500 nil plastic Unfiltered; HNO3 vial to pH <2; chill to 4 °C DEP Bacteria Enterococci (2) Whiripacks 4 oz Unfiltered; chill to 4 °C Fecal Coliform DEP W -PO4 -F o -PO4 (1) 125 ml plastic Filtered; chill to 4 °C W- COND -F Conductance Mistakes on the sample custody sheet will be deleted by drawing a single line through the error. The two top copies of the custody sheet (white and yellow sheets) are placed in a sealed plastic bag and taped to the inside top of the FDEP cooler for shipment back to the Central Chemistry Lab with the samples. At the FDEP Chemistry Lab, information on the sample custody sheet is used to log in the samples. The other copy of the custody sheet (pink sheet) will be kept by the sampling agency and placed in the field logbook. Figure VII -13. Example of Weekly Project Request Number Label VIIIII81�1�1111111 @Illl�llllllllll0111f I Ro_,sgs_es_,e_az DFP Cnntrnrt No (,W??9 9tt-rhn— t F Page 61 of 91 Field sheets for the Status and Temporal Variability Networks are shown in Figures VII -14 and VII -15. These sheets will be provided to the sampling agencies by the FDEP WM &DMS. The information to be recorded on the Surface Water Temporal Variability (Figure VII -14) and Status Field Sheets (Figure VII -15) consists of the following: • Station identification • Date • Time that sample is collected • Weather conditions • Total water depth • Secchi depth • Stage (if applicable) • Sample collection depth • Field measurement depth • Dissolved oxygen • pH • Temperature • Specific conductance • If QAQC sample, what type and when collected • Comments, if any • Barcode label • Samplers' signatures Entries on field sheets should be made with waterproof ink. Prior to visiting a site, information from the most previous visit to the site, if available, is reviewed; and a copy of the log sheet will be on -site so that reference can be made to it during sampling. Copies of sample custody sheets and field log sheets are kept in the field log notebook along with any other records pertaining to sampling. Copies of the notebooks will be kept on hand at the sampling agencies. DEP Contract No. GW229, Attachment F, Page 64 of 91 16 oP3 Figure VII -14. Field Sheet for the Surface Water TV Monitoring Network STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION SURFACE WATER TEMPORAL VARIABILITY NETWORK FIELD SHEET Station Information STATION ID: DATE: TIME: 124 hr) IMMIDONYYY) (Time when Sample was Collected) WATERBODY TYPE: (Circle One) Small Lake ( <toHA) Large Lake (>toHA) Low Order Stream (1-4 order) High Order Stream 4>4 order) WEATHER CONDITIONS (Circle One) Clear Partly Cloudy Cloudy Rain j vvaier uualtty measurements Total Water Depth (meters) Secchi Depth (maters) Stage (If applicable) (Feat) (Average of 2 measurements if taken electronically) Depth from which laboratory samples were collected: (meters) Field Measurements: Depth Collected pH D.O. Temperature Conductivity Depth Collected pH D.O. Temperature Conductivity CO;IIMEA'TS. s�` 1ROt. A �ee-1ee1eer WMS -SWTV October 1999 (IA►UC TAKEN? (Circle Onal Time Collected DUPLICATE EQUIPMENT BLANK Place Darcode Label Here Sampler's Signatures: DEP Contract No. GW229. Attachment-F. _Pa Ye 65 of 91 1 Figure VII -15. Field Sheet for the Surface Water Status Monitoring Network STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION STATUS NETWORK SURFACE WATER FIELD SHEET Station Information STATION ID: DATE: TIME: (MM /OOIYYYY) (Time when Sample was Collected) (24 hr) WATERBODYTYPE: (Circle one) Small Lake (<10HA) Large Lake ( >toHA) Low Order Stream (1.4 order) High Order Stream ( >4 order) WEATHER CONDITIONS (Circle One) Clear Partly Cloudy Cloudy Rain Water Quality Measurements Total Water Depth (meters) Secchi Depth (meters) Stage (It applicable) (Feet) (Average of 2 measurements if taken electronically) Stream Flow(Circle One) No Flow Flow within Banks Flood Lake Level(Circle one) Low Normal High Depth from which laboratory samples were collected: (meters) Field Measurements: Depth Collected pH D.O. Temperature Conductivity Depth Collected pH D.Q. Temperature Conductivity COMMENTS. F• ;• n Sampler's Signatures: W.MS -SNSW October 1999 QA/QC (Circle One) Time Collected DUPLICATE EQUIP BLANK DEP Contract No. GW2. - %tra hmf-nt F Par, C�6 of 91 Place Barcode Label Here 16C3 Sample Shipment Proper sample shipment is imperative in the collection of environmental monitoring data. Strict adherence to the following steps for sample shipment will help assure the collection of accurate environmental monitoring data. • Sample analysis for the FDEP WM &DMS is currently being done by the FDEP Central Laboratory in Tallahassee; therefore, all samples will be returned to this lab. • Sampling supplies will be shipped from the FDEP Central Laboratory to the sampling agency via United Parcel Service (UPS) no later than two weeks prior to the project begin date. • Each FDEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. • Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by WM &DMS staff. • Preservatives will be provided by the FDEP WM &DMS in advance of sampling. • A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets contained in zip top baggies to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to filling it with ice. Also, if the cooler has a spigot, place tape over it to prevent it from opening during transit and spilling water. Likewise, the lid must be taped closed to prevent opening during shipment. • Samples must be shipped daily; however, there will be extraneous circumstances where sample shipment can not occur until the following day. In this case, WM &DMS staff should be notified and the samples shall be kept at 4 °C. Samples that are shipped daily also must be kept at 4 °C. • Sample shipment shall be done during Monday through Thursday. No sample shipments shall be made on Fridays due to the fact that the Central lab would receive the samples on Saturdays. The Central lab does not accept samples on Weekends or Holidays. • Federal Express (FedEx) will be utilized for shipment of samples to the FDEP Central Laboratory. The FDEP laboratory and/or WM &DMS staff will provide FedEx airbills to sampling agencies for use in shipping water quality samples to the FDEP Central Laboratory. These airbills will be pre - printed with DEP's FedEx account number, so that all shipping costs are directed back to FDEP. GPS Procedures The Status Network will require extensive use of GPS equipment. This equipment will be used for navigation to randomly selected sites as well as collection of locational and field data. All participants of the Status Network should be using Trimble Pro XR® GPS equipment with differential correction. The decision to use this type of equipment was based on institutional knowledge of Pro XR units and for consistency. DEP Contract No. GW221). Attachment F, Page 67 of 91 16C3 All personnel using GPS equipment should be trained in the operation of such equipment and strictly follow the Division of Water Resource Management's GPS Standards which can be found at the website, www.dep.state.fl.us. Training has been ongoing within the Division and will continue as needed. Accuracy The Status Network incorporates the use of randomly selected coordinates for the selection of sample stations. The random coordinates or sites are selected as spelled out in the IWRM Design Plan. Due to map errors and scale differences the sites may not fall directly on intended water bodies. In this case the nearest waterbody should be selected. Normally the distance should only be a few meters off and is not considered problematic since the Division GPS Standards recommend the National Map Accuracy Standard of 12.2 meters. Waypoints Navigation to these sites will require the creation of waypoint files. These files will contain the site ID and the corresponding latitude, longitude, and HAE (Height Above Ellipsoid) which is used in the field to navigate to the sites. The HAE should be taken from the data logger near the area of the randomly selected sites, which is obtained from the current position information menu on the data logger. It is not critical that the HAE be exact, but it will help the accuracy of navigation to have it as close as possible. The waypoint file can be created in the office using Pathfinder Office® Software or in the field directly on the data logger. The creation of waypoint files is covered in the Division of Water Resource Management's GPS Basics Manual which is available from WM &DMS staff. Navigation Navigating to surface water sites presents many problems, especially for low order streams and small lakes. Heavy tree canopies typically cover these waterbodies. GPS signals are line -of- sight microwave signals that are easily blocked by any mass, including tree canopies. To correct this problem, navigate as close as possible to the selected site and then note the direction and distance to go, from the data logger. Proceed to the point by using a compass and tape measure. Pacing your steps can be done if a steady bearing is kept on the compass (12.2 meters are equal to approximately 40 feet). Using an estimation of one pace, approximately equal to three feet, one should get within 40 feet of a location with practice. Likewise, when collecting the positions of the sites, tree canopies can block signals. Doing the reverse of what is done to navigate to the site can solve this problem. Walk away from the site, while measuring your bearing and distai%e from the site. When the signals are received collect the position with the measurements applied to the position as an offset. Remember to convert the bearing 180 degrees so the offset is applied back in the opposite direction. These exercises are covered in the GPS Basics Manual and with practice a sampler will become competent at doing them. File Nomenclature Once at the site, the water quality measurements will be taken and recorded onto field sheets before the GPS data is collected. The site location will be collected into the data logger after the lab samples have been obtained and all data recorded on field sheets. The GPS data file (.ssf file) shall be named similarly to the unique resource code. For example, the Northwest Florida Water Management District's large lake number 26 in the A reporting unit of the first year cycle DEP Contract No. (iW222 Attachment F Page 69 of 91 16C3 is a site known as NWA -LL -1026. The data logger file will be NWALL026. The hyphens and the number one (1) in the number sequence are dropped to accommodate the eight -digit file name size in the data logger. There will only be one site per file. Data Dictionary The Status Network will also incorporate the use of a standard data dictionary (A Trimble electronic form) residing in the data logger memory. The data dictionary will contain all of the questions that are found on the field sheets. After the locational data has been collected you should pause the unit and then proceed to answer the questions in the data dictionary by following the field sheets. It is extremely important to collect the location in the data logger first and then pause the unit until all of the data dictionary questions have been answered. Once the data dictionary questions have been answered the "OK" key should be pressed to save the file. Many fields in the data dictionary require input and are restricted to certain constraints. For example, the pH range allowed to be entered into the data logger is between 0 and 14. No numbers less then 0 or more than 14 will be accepted by the data logger. The default is set to 0. A value of 0 in the data will signify that a problem had occurred and no data was collected for that analyte at that site. These constraints and defaults are also in other fields throughout the data dictionary. ,DFLContract No. G%N'224. Attachment E.-Pape 69 of 91 16C3 Section VIII. Quality Control Samples- Surface Water Quality control samples are collected to assess accuracy, precision, and representativeness. For surface water sampling in the Status and Temporal Variability Networks, the following types of QC samples are collected: field reference samples, equipment and field blanks, and duplicate samples. Analytical reference samples are currently not being submitted as part of surface water sampling. If surface water samplers later become involved in this program, refer to the information provided about analytical reference samples in Section VI. Field Reference Samples The USGS Laboratory in Ocala is under contract to prepare and distribute field reference samples for the Status and TV Networks. The procedures to follow in order to obtain these samples are addressed in Section III. The samples are prepared to a known pH or specific conductance. The USGS determines the most probable (mean) value and standard deviation for each sample. These statistics are then used to evaluate field measurement performance. These samples are carried into the Feld and analyzed at a rate of one for every 5 -10 actual samples. The values are recorded on a Field Reference Sample Reporting Form (an example is shown in Section VI) and immediately submitted to the FDEP WM &DMS Project Manager or QA Officer by fax, telephone, or electronic mail. If the values differ substantially from the most - probable values, the sampling agency will be contacted immediately, and corrective action should ensue. Dirty probes, low batteries, contaminated standards, faulty meters, and sometimes analyst error, can cause poor performance on field reference samples. Equipment and Field Blanks Equipment blanks are samples of analyte -free water, collected for the purpose of assessing the cleanliness of the sampling and measurement system. If equipment blanks are discovered to contain impurities, it is assumed that these impurities will also affect the measured concentrations in actual samples, contributing to elevated concentrations of naturally occurring substances. Analyte -free water is defined as water which, when analyzed in the same manner as actual samples, has no detectable concentrations of target compounds. There are several potential causes for blank detections, including: • The water treatment system that is serving as the source of the blank water may not be 100% effective for all analytes of concern. • The containers used to transport the analyte -free water into the field may not be clean. • The sampling equipment from which the blank is collected (or through which it is filtered) may not be clean. DEP Contract N[) GW ? ?Q__Atlarhmanr F Paap 711 nFQ1 rte", r t The sample containers used to hold the sample may not be clean. The preservatives may be impure. The sampling process itself may be exposing the sample to contaminants (as in the case of volatile organic sampling). Equipment blanks will be taken on precleaned and/or field cleaned equipment. Precleaned equipment refers to equipment that has been cleaned in -house prior to sampling. The total number of blanks that will be taken during a sampling project is dependent upon how many actual samples will be collected. Equipment blanks are collected at a rough frequency of 20 %. The type of blank that will be collected depends upon how many precleaned sampling equipment sets will be used and how frequent the equipment will have to be decontaminated in the field. If any field cleaning is performed during a project, then field cleaned equipment blanks are taken. Otherwise, if all the equipment that is used during a project is precleaned, precleaned blanks are obtained. The following steps describe proper collection of equipment blanks: 1. Fill a large clean high- density polyethylene (HDPE) container with analyte -free water and transport it to the field. This water should be from the same source as the analyte -free water used in the final rinse of the equipment cleaning process. 2. Fill the pre - cleaned sampling device, e.g. a Van Dorn sampler, with analyte -free water, and discard the water. 3. Fill again. Then fill an entire suite of sample containers, as with an actual water sample, using the same preservation and filtration methods. 4. Label all blank containers with the equipment blank labels provided with the project paperwork (example is shown in Section VI), and ship the blank sample along with regular samples to the lab. Equipment blanks should be listed on the custody sheet. Refer to Section VII for further information on sample custody and shipment. 5) Check the lab results for detections. If frequent detections are noted, consult with the FDEP WM &DMS QA Officer. Field blanks must be taken in cases where the only sampling equipment is the sample container. They should also be collected if analytes are detected at high levels in equipment blanks. These blanks consist of filling on -site a suite of sample containers with analyte -free water from the HDPE water container, preserving as with actual samples, sealing the containers, documenting them as quality assurance samples /field blanks, and shipping them to the laboratory as is done' with actual field samples. The custody sheet and field log should indicate that a field blank sample was collected. This procedure is an aid in determining if the equipment blank contamination is a result of the analyte -free water not being "analyte- free ", the water container being dirty, or acid preservatives being fouled. DEP Contract No. GW229, Attachment F,_Page 71 of'91 Duplicate Samples (Optional) Duplicate samples are collected for the purpose of assessing overall precision of the sampling and analytical process. The following steps describe collection of duplicate samples. 1. Collect a water sample with a clean sampling device. 2. Fill, label, and preserve all containers for the sample. 3. Place in cooler. 4. Using the same sampling device(s), collect a second sample in the same manner as the first. 5. For filtered samples, a new filter should be used. 6. Fill, label, and preserve all containers for the sample (an example of a duplicate label is shown in Section VI). 7. Place in cooler. 8. Both samples should be listed on the custody sheet as separate samples. The second sample should be given a different sampling time and field id than the first. 9. FDEP WM &DMS staff will review the results to see if the values reasonably agree. DFP Cnnuact Nn C'rW72q Arta ment F P-3ve 7? of 91 1603 Section IX. Equipment Cleaning Introduction All equipment must be either precleaned (in- house) or field cleaned before using it to collect water samples. These cleaning procedures are to be used by field personnel for cleaning sampling and other equipment, both in -house and in the field. They are in accordance with the Environmental Protection Agency Region 4 Environmental Investigations Standard Operating Procedures and Quality Assurance Manual, May 1996 (with March 1997 revisions), and Department of Environmental Protection Standard Operating Procedures for Laboratory Operations and Sample Collection Activities, Florida Department of Environmental Protection, September 1992 (DEP- QA- 001/92). The EPA document can be found at the website, www.epa.gov /region04 /sesd, and the DEP document can be found at the website, www.dep.state.fl.us. Specifications for Cleaning Materials Specifications for standard cleaning materials referred to in this section are as follows: • Soap shall be a standard brand of phosphate -free laboratory detergent such as Liquinox®. • Tap water may be used from any municipal water treatment system. Use of an untreated potable water supply is not an acceptable substitute for tap water. • Analyte -free water (deionized water) is water which, when analyzed for target compounds using the requested analytical methods, yields no detections. Handling and Containers for Cleaning Solutions Improperly handled cleaning solutions may easily become contaminated. Storage and application containers must be constructed of the proper materials to ensure their integrity. Following are acceptable materials used for containing the specified cleaning solutions: • Soap must be kept in clean plastic, metal, or glass containers until used. It should be poured directly from the container during use. • Tap water may be kept in clean tanks, hand pressure sprayers, squeeze bottles, or applied directly from a hose. • Analyte -free water must be stored in clean glass, stainless steel, or plastic containers that can be closed to the environment. It can be applied from plastic squeeze bottles. _J Contract No. GW229— Amichmept F -P,vp 7' if() t Safety Procedures for Cleaning Operations Some of the materials used to implement the cleaning procedures can be harmful if used improperly. Caution should be exercised by all field investigators and all applicable safety procedures should be followed. At a minimum, the following precautions should be taken in the field during these cleaning operations: • Safety glasses with splash shields or goggles, and latex gloves will be worn during all cleaning operations. • No eating, smoking, drinking, chewing, or any hand to mouth contact should be permitted during cleaning operations. Cleaning Procedures for Specific Equipment Table IX -1 lists specific equipment, references of the procedures for cleaning the equipment, and frequency for in -house and in -field cleaning of the equipment. The cleaning procedures are described here. Water Level Measuring Devices 1. Wash with soap and tap water. 2. Rinse with tap water. 3. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. 4. Rinse with analyte -free water. 5. Allow to air dry overnight if cleaning in- house. 6. Wrap equipment in aluminum foil (with tab for easy removal) seal in plastic, and date if storing. Pumps Submersible pumps 1- Pump exterior must be cleaned per the following: • a. Clean with tap water and lab grade soap (Liquinox or equivalent) using a brush, if necessary, to remove particulate matter or surface film. b. Rinse thoroughly with tap water. HOT tap water should be used if cleaning in- house. c. Rinse with 10% reagent grade hydrochloric acid (HCL), when cleaning in- house. The acid rinse should not be used on steel sampling equipment. This acid rinse is not required when cleaning in- field. d. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. e. Then allow to air dry as long as possible. DEP Contract No. GW229, Attachment F, Page 74 of 91 f. Clean sampling equipment shall be wrapped (if appropriate) in aluminum foil, or in untreated butcher paper to prevent contamination during storage or transport to the field. g. If no further sampling is to be performed, equipment must be rinsed with tap water immediately after use and taken back to the lab to be cleaned in- house. h. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. i. It is not recommended to clean heavily contaminated equipment in the field. Such rigorous cleaning procedures should be performed at the base of operations. Cleaning at the base of operations or in the field should consider the following: • In extreme cases, it may be necessary to steam clean the field equipment before cleaning with soap and water. • If the field equipment cannot be cleaned utilizing these procedures, it should be discarded, unless further cleaning with stronger solvents and/or oxidizing solutions are effective. 2. Pump internal cavity and mechanism must be cleaned as follows: a. If for purging only, then the pump must be completely flushed with potable water prior to purging the next well. b. If for purging and sampling, then it must be completely disassembled (if so designed) and decontaminated between each well. c. If the pump cannot be (practically) disassembled, then the internal cavity /mechanism must be cleaned by pumping copious amounts of lab -grade soap solution, tap water, and DI water. d. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. 2. Tubing should be cleaned as stated below. Above Ground Pumps Used for Purging and Sampling 1. Pumps used for purging only a.. Exterior of the pump must be free of oil and grease. b. Tubing should be cleaned as stated below. 2. Pumps used for sampling a. Exterior of pump must be cleaned with a detergent wash followed by tap and analyte -free water rinses. b. Tubing should be cleaned as stated below. c. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. Tubing Miscellaneous Non -Inert Tubing Types (tygon, rubber, HDPE, PVC, etc.) 1. New Tubing a. As a general rule, new tubing may be used without preliminary cleaning. 1�FP C act Nn (:k.1' 0 A ",A ', t F_PanP ffiwl b. New tubing shall be protected from potential environmental contamination by wrapping in aluminum foil, sealing in plastic bags or in the original sealed packaging. c. If new tubing is exposed to potential contamination, the exterior and interior shall be thoroughly rinsed with hot tap water followed by a thorough rinse with deionized water. d. If new tubing is to be used to collect samples, the tubing shall be thoroughly rinsed with sample water (i.e. pump sample water though the tubing) before collecting samples. 2. Reused Tubing a. Flush tubing with soapy solution of hot tap water and laboratory detergent. b. Rinse exterior and interior thoroughly with tap water. c. Rinse exterior and interior thoroughly with deionized water. d. In the lab, the tubing. shall be flushed with 10% HCl, followed by thorough rinsing with DI water. This acid rinse is not required when cleaning in- field. e. Wrap tubing and cap ends in aluminum foil and seal in plastic to prevent contamination during storage and transport. f. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. Van Dorn Sampler 1. Clean with tap water and lab grade soap (Liquinox or equivalent) using a brush, if necessary, to remove particulate matter or surface film. 2. Rinse thoroughly with tap water. 3. Rinse with 10% reagent grade HCl, if cleaning in- house. The acid rinse should not be used on steel sampling equipment. 4. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. 5. Allow to air dry as long as possible. 6. Clean sampling equipment shall be wrapped (if appropriate) in aluminum foil, or in untreated butcher paper to prevent contamination during storage or transport to the field. 7. If no further sampling is to be performed, equipment must be rinsed with tap water immediately after use and taken back to the lab to be cleaned in- house. 8. In -house protocols must include the use of HOT tap water and cleaning in a contaminant -free environment. Hot detergent solutions and water rinses are not required for in -field decontamination. 9. It is not recommended to clean heavily contaminated equipment in the field. Such rigorous cleaning procedures should be performed at the base of operations. Cleaning at the base of operations or in the field should consider the following: • In extreme cases, it may be necessary to steam clean the field equipment before cleaning with soap and water. • If the field equipment cannot be cleaned utilizing these procedures, it should be discarded, unless further cleaning with stronger solvents and/or oxidizing solutions are effective. - nFrP Cnnntrart IV n ('AVE? ? 15C3 NOTE: If metals- calcium, magnesium, sodium, and potassium- are detected in equipment blanks, after the cleaning procedure, then sampling equipment (excluding stainless steel equipment) will have to be rinsed with 10% reagent grade HCI, prior to rinsing with analyte -free water, when field cleaning. Polyethylene Analyte -free Water Containers (In -House Cleaning Only) 1. New Containers a. Clean with HOT tap water and lab grade soap (Liquinox or equivalent). b. Rinse thoroughly with HOT tap water. c. Rinse with 10% reagent grade HC1. d. Rinse thoroughly with analyte -free water. Enough water shall be used to ensure that all equipment surfaces are flushed with water. e. Allow to air dry as long as possible. f. Cap with teflon film, aluminum foil or the bottle cap. Note: the bottle cap shall be equipped with a teflon liner. Aluminum foil or teflon film may be used as liner material. 2. Reused Containers a. Immediately after being emptied, cap with aluminum foil, teflon film or the container cap. b. Wash container exterior with lab -grade detergent and HOT tap water. c. Rinse exterior and interior thoroughly with analyte -free water. d. Invert and allow to drain and dry. e. Fill container with analyte -free water and cap tightly with aluminum foil, teflon film or the container cap. Note: the bottle cap shall be equipped with a teflon liner. Aluminum foil or teflon film may be used as liner material. NOTE: Analyte -free water shall not be stored for more than one week in a polyethylene container. Handling and Storage of Cleaned Equipment Handling and storage of clean equipment will be done according to Appendices B.1.6 and C.1 5 (EPA Region 4, 1996). After cleaning, equipment should be handled only by personnel wearing clean gloves to prevent re- contamination. In addition, the equipment should be moved away (preferably upwind) from the cleaning area to prevent recontamination. If the equipment is not to be immediately re -used it should be covered with plastic sheeting or wrapped in aluminum foil, after air drying, to prevent re- contamination. The area where the equipment is kept prior to re -use must be free of contaminants. Clean equipment should be appropriately labeled and placed in an area free of contaminants. DEP Contract No. GW229 :attachment F_ Pate 77 of 91 r � f �4 r� Disposal of Cleaning Materials Disposal of cleaning materials, both in -house and in- field, must be done properly. Used detergents may be disposed of through a sanitary sewer system. Hydrochloric acid cleaning solutions should be diluted/neutralized to a pH between 5 and 9, and flushed down a sanitary sewer system. If used to clean in- field, the material should be captured and diluted/neutralized to a pH between 5 and 9. Then it can be flushed down a sanitary sewer system. Any solvents must be collected and handled by a commercial disposal or recycling contractor. Documentation of Cleaning Documentation of cleaning will be maintained for each item of sampling equipment. Each equipment item will be made identifiable by means of serial numbers, tags, or labeled carrying cases. A cleaning log will be kept with subsections for each equipment item. The name of the person performing the cleaning, the date of cleaning, the location of cleaning, and any deviations from the approved cleaning procedure will be entered into this cleaning log. After cleaning, equipment should be allowed to air dry completely; then it is wrapped as specified in the cleaning procedure and tagged, marked, or labeled with the date of cleaning and any deviation from procedures. TIFP f nntr, rt No ( ')')O A rmrhmPnt F P;ioe 74 of 01 160 Table IX -1. Cleaning Procedures and Frequencies EQUIPMENT IN -HOUSE CLEANING FREQUENCY IN -FIELD CLEANING FREQUENCY ITEM PROCEDURE PROCEDURE' Water-level EPA Appendix C.5.1 weekly EPA Appendix B.2.4 between sample measuring sites devices Pumps' DEP QA SOP Section weekly DEP QA SOP Sections between sample 4.1.8 (omitting solvent 4.1.8 (omitting acid and sites rinse) solvent rinses) Tubing' DEP QA SOP Section weekly DEP QA SOP Section between sample 4.1.7.5 (substituting 10% 4.1.7.5 (omitting acid sites HCl for 10% HNOA rinse) Van Dorn DEP QA SOP Section weekly DEP QA SOP Section between sample sampler 4.1.4.1 (omitting solvent 4.1.4.1 (omitting acid sites (Alpha/Beta rinse) and solvent rinses) bottle)' olyethylene DEP QA SOP Section prior to refilling procedure not n/a analyte -free 4.1.10 (omitting solvent performed in water containers rinse) field `If it is discovered that a heavily contaminated site has been sampled, then the equipment used to sample the site will be identified from the field log sheet. That equipment will be taken out of circulation until it can be cleaned according to DEP QA SOP Section 4.1.4.1, note 2. Furthermore, results for all other sites sampled with that equipment will be carefully examined for the offending contaminants, and if detected, will be marked as possible false positive. 'An acid rinse will not be required for sampling equipment during in -field decontamination unless metals - calcium, magnesium, sodium, and potassium- are detected in equipment blanks. If metals are detected, the equipment, excluding stainless steel equipment, will have to be rinsed with 10% HCl prior to rinsing with analyte -free water. __ DEP Contfact No ( iii 22 Attachment F _Pave 12-af.91 03 Section X. Field Performance Audits External Audits External audits of each sampling agency are conducted by the Department of Environmental Protection's Watershed Monitoring and Data Management Section QA Officer and/or Project Manager. A minimum of two surface water audits and one ground water audit will be performed on each contracted sampling agency, and a minimum of one surface water audit will be performed on each sub - contracted sampling agency. These audits generally consist of an on -site review of sample custody practices, equipment decontamination procedures, purging methods for ground water sampling, field measurement techniques, and sample collection protocols (see Attachment X -1 for the Field Audit Form). Results of the audits are given to the Project Manager of the sampling agency and areas in need of improvement are noted. These areas will be documented in the quarterly QA Report, with the addition of a description of any corrective actions taken as a result. Future external audits will focus on these areas to ensure that corrective action has been taken. Internal Audits Internal audits of sampling agency field personnel are conducted by the sampling agency QA Officer and/or Project Manager. A minimum of one surface water audit and one ground water audit will be performed. The findings of these audits will be documented in the quarterly QA Report. iIFP ('antra: -t Nn (:1 11 e rr��h ,,P.,r F._ P'.1— SZO of Q l `3 Section XI. Quality Assurance Reports Quality Assurance Reports will be prepared by the QA Officer and/or Project Manager of the sampling agency and submitted quarterly. These reports will have a title page and include a summary of audits conducted, list of quality control samples analyzed, discussion of any significant QA problems encountered, and description of action taken to correct these problems during the quarter (see Attachment XI -1 for an example of the format). Reports will be submitted to the appropriate Project Manager at the Department of Environmental Protection's Watershed Monitoring and Data Management Section. The Project Manager will provide copies to the WM &DMS QA Officer. The WM &DMS should receive the QA Reports within 30 days after a quarter ends. The beginning month of each quarter is defined as 1st quarter October, 2nd quarter January, 3rd quarter April, and 4th quarter July. Reports are kept on file with the DEP WM &DMS for documentation of significant QA problems. DEP Contract No t YW229, Attachment F, Pape 81 of 91 ATTACHMENT X -1 FIELD AUDIT FORM DEP ContraclNo (1W.229. Attachment F. Paee 82 of 91 FIELD AUDIT STATUS AND TEMPORAL VARIABILITY MONITORING NETWORKS FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 2600 BLAIR STONE ROAD TALLAHASSEE, FL 32399 -2400 Telephone (850) 922 -5820 SAMPLING AGENCY PROJECT NAME FIELD PERSONNEL AUDIT TYPE: Internal Announced_ External Unannounced AUDITOR NAME(S) AUDIT DATE SITE M'- Surface Water. Ground Water Both SW & GW Instructions for use of this form: This form is to be used for both surface and ground- water audits in the Status and Temporal Variability Networks when there are no known problems. The information requested here is the minimum needed for a successful audit, therefore all items should be completed with a "Y ", "N ", or n/a (not applicable). A detailed explanation should be provided in the Comments when a method deviates from what is listed in the Quality Assurance Plan #900456 and the Sampling Manual. The question number should be shown with the explanation of the deviation. Additional information can also be provided; attach more sheets if necessary. AI.. �'. \.1..�..'+n .1 .a..,.1.�.....• ,C'.... F1--- 01 -"()1 SECTION 1 GENERAL INFORMATION (1) Were paperwork (labels, field sheets, and custody sheets), sample kits, acid preservatives, COMMENTS: DEP Contract No._Q4V??9. Attachment F. Pa e 84 of 91 C3 and equipment inventoried prior to going into the field Y N (2) Were the sampling manual and instrument service manual in field vehicle Y N (3) Were reagents, instrument calibration, and maintenance records up to date Y N (4) Was blank water analyte -free (De- ionized water), check source of water Y N (5) Was the DI water transported into the field in a polyethylene container Y N (6) Were all of the sampling equipment precleaned and cleaning log current Y N (7) Were the reagents and equipment properly stored Y N (8) What information was available to the samplers concerning sample sites: (a) Maps with sample locations marked Y N (b) Field log books containing historic data Y N (c) Well tags on wells Y N (d) Reference stations at surface water sites Y N (e) DGPS Coordinates Y N (9) Were instruments calibrated or checked in the field Y N (10) Were instruments calibrated properly and bracketed expected range Y N COMMENTS: DEP Contract No._Q4V??9. Attachment F. Pa e 84 of 91 C3 N o SECTION 2 FIELD PROCEDURES- GROUND WATER (11) Was the wellhead properly labeled Y N (12) Were well measurements taken properly Y N (13) Which one of the following pumps was used to purge the well: (a) Centrifugal Y N (b) Peristaltic Y N (c) Submersible Y N (d) Dedicated pump on a well with in -place plumbing Y N (14) If purging a well without in -place plumbing, which one of the following criteria was met to ensure that the well was adequately purged: (a) Three standing water volumes removed and field analytes stabilized Y N (b) Five standing water volumes removed Y N (c) Well purged dry, allowed to recover, and purged dry again Y N (15) If purging a well with in -place plumbing, which of the following was done to ensure that the well was adequately purged: (a) Because of continuously running pump on well and no storage tank prior to the sample location, the valve was simply opened and allowed to flush at maximum velocity for at least 15 minutes Y N (b) Because of continuously running pump on well and a storage tank prior to the sample location, purge included entire storage tank volume Y N (c) Because purge volume could be determined, the pump was run continuously at maximum velocity until the required volume purged Y N (d) Because of unknown well construction, pump was run continuously for a minimum of 15 minutes and until chemical stability achieved Y N (16) Were the purge and rinse water disposed of properly away from the well Y N (17) If sampling a well without in -place plumbing, which of the following pumps was used: (a) Peristaltic Y N (b) Submersible Y N (18) Were the sample containers rinsed with sample prior to filling Y N (19) Was a new 0.45 - micron filter rinsed with sample water then used to collect the metals, anions, and nutrients samples Y N (20) Were sample containers filled in the convect order Y N (21) Were TOC, nutrients, and metals samples preserved with the appropriate acid and pH tested within 15 minutes of collection Y N (22) Were gloves and protective eyewear worn while handling acids Y N (23) Were bacteria, TOC, nutrients, and metals samples segregated into zip top baggies before placing them in the mesh bag with other samples from the site Y N (24) Were waste materials disposed of or stored properly in field Y N (25) Was the Microland Use form completed in the field Y N COMMENTS: DEP Contract No.._GW229. Attachment F. _pate 85 of 91 Y 9 SECTION 3 FIELD PROCEDURES- SURFACE WATER (26) (27) (28) (29) (30) (31) (32) (33) (34) (35) (36) (37) (38) (39) (40) (41) Was the total water depth measured properly to 0.1 in Y N Which of the following waterbody types was sampled: (a) High order stream Y N (b) Low order stream Y N (c) Large lake Y N (d) Small lake Y N If sampling at a Status Network site, were the field measurements and sample collected in the proper location within the waterbody Y N Were field measurements taken at the proper depth(s) Y N Was secchi depth properly determined Y N If stage height was obtained, which of the following devices provided the measurement: (a) Staff gauge Y N (b) Continuous recording gage Y N (c) Wire weight gage Y N (d) Tape down measurement Y N (e) USGS gaging station data source Y N Was the water sample collected at the appropriate depth Y N The sample was collected by which of the following methods: (a) Directly into sample containers Y N (b) With a Van Dorn horizontal sampling device then into the containers Y N (c) With a Van Dorn, poured into a churn then into sample containers Y N Were any sediments disturbed during the collection process Y N Were the sample containers rinsed with sample water prior to filling Y N If sampling at a lake site for the Status Network, were the algal growth potential and phytoplankton taxonomy analytes collected into the proper bottles Y N Was a new 0.45 - micron filter used to collect the orthophosphate sample Y N Were sample containers filled in the proper order Y N Were the nutrients and metals samples preserved properly with acid Y N Were gloves and protective eyewear worn while handling preservatives Y N Were the bacteria, metals, and nutrients samples segregated into zip top baggies before placing them into the mesh bag with other samples from the same site Y N COMMENTS: - PEP Contract o.._GW-)19..Attaclunent F. paee 86 of 91 SECTION 4 QUALITY CONTROL SAMPLES (42) Were the field reference samples analyzed under field conditions Y N (43) Were the field reference sample results satisfactory y N (44) Was an equipment blank prepared with clean equipment and analyte -free water prior to collecting a sample y N (45) Was the equipment blank collected as if an actual sample y N (46) Were duplicate samples taken in parallel and recorded appropriately on the field log sheet and custody sheet y N COMMENTS: SECTION 5 CHAIN -OF- CUSTODY (47) Were all the samples properly labeled y N (48) Were all the samples from a single site put together in a mesh bag y N (49) Were samples immediately placed on ice after collection and preservation Y N (50) Were the samples protected from melted ice in the shipping container Y N (51) Was the custody sheet completed properly, with RQ and bagged y N COMMENTS: DFP Contract \LoY('Y%V229 Attachment F Page 87 of 91 16 C3 SECTION 6 MISCELLANEOUS (52) Was sampling equipment adequately cleaned between sample sites Y N (53) In general, were the samples obtained in a reproducible manner Y N (54) Were there any anomalous conditions or deviations from usual sampling Y N (55) Was GPS used to determine site location Y N (56) Has at least one of the samplers on site attended the USGS Water Quality Field Techniques Class or DEP Status and TV Networks Sampling Workshop Y N (57) WAS OVERALL SAMPLING PERFORMANCE ACCEPTABLE Y N COMMENTS: SECTION 7 ADDITIONAL COMMENTS DEP__C ontr ct Nin CW?)Q AttnrhmPnt F_PaoP RR nfQl 4=1 "" ATTACHMENT XI -1 EXAMPLE OF QUARTERLY QUALITY ASSURANCE REPORT DEP_ContTact No. GW229 .Attach -Pnt F._PanP 89 of 91 160 QUALITY ASSURANCE REPORT FOR FDEP AMBIENT MONITORING PROGRAM GROUND WATER AND SURFACE WATER TEMPORAL VARIABILITY AND STATUS MONITORING NETWORKS John Doe Project Manager Jane Smith Quality Assurance Officer For the Time Period: January 1, 2000 to March 31, 2000 Water Management District Prepared by: John Doe Water Management District 0000 Blair Stone Road Tallahassee, FL 32399 Date Date ___, DEP Contract No- _GW229_ Attachment F_ Pas,e 90 of 91 Internal Field Audits One internal surface water field audit was performed by our Quality Assurance Officer during this quarter. See enclosed Field Audit Sheet. External Field Audits No external field audits were performed during this quarter. One external ground water audit is scheduled with FDEP QA Officer for next quarter. Quality Control Samples Surface Water TV Network: 3 equipment blanks and 3 duplicate samples were collected, and 3 sets of pH and specific conductance field reference samples were analyzed this quarter. Surface Water Status Network: Sampling was not scheduled this quarter for the Status Surface Water Monitoring Network. Ground Water TV Network: 2 equipment blanks and 2 duplicate samples were collected, and 4 sets of pH and specific conductance field reference samples were analyzed this quarter. Ground Water Status Network: 3 equipment blanks and 3 duplicate samples were collected, and 3 sets of pH and specific conductance field reference samples were analyzed during confined aquifer sampling this quarter. Significant QA/QC Problems Only one problem arose. One day during the quarter, samplers forgot to bring Liquinox into the field to decontaminate the Van Dorn bottle between sample sites. Corrective Action Another sampling crew was able to bring Liquinox out to the crew that forgot it so that they could properly decontaminate equipment between sites and continue sampling for the remainder of the day. To eliminate this from happening in the future, a written sampling supplies checklist was developed. Both samplers go through the list to make sure their sampling vehicle is properly equipped prior to leaving for the first sample site. As a result, there have been no further incidents. DEP Contract No..�i V� ?9 jm=LF PaQr- -Un£.� 1603 ATTACHMENT G INSTRUCTIONS FOR SAMPLE SHIPMENT 1. Sample analysis for the Department of Environmental Protection's (DEP) Watershed Monitoring Section (WMS — formerly known as the Ground Water Quality Monitoring Program (GWQMP)) is currently being done by the DEP Central Laboratory in Tallahassee, so all sample containers will be returned to this lab. 2. A copy of the custody sheet must be included in each cooler. At the end of the day, tape the custody sheets in ziplocks to the inner top of the coolers. It is best to line the inside of the cooler with a large garbage bag prior to loading it up with ice. Also, if the cooler has a spigot, place duct tape over it to prevent it from opening during transit and spilling ice water. 3. It is not necessary to ship every day. If samples are held overnight, it is imperative they remain at a temperature of 4 degrees Celsius. Samples should not be shipped on Friday. 4. Sampling equipment will be shipped from the DEP Central Laboratory to the sampling agency via United Parcel Service (UPS), no later than one week prior to the project begin date. 5. Each DEP shipment will contain sample containers appropriate for the scheduled analyses and sufficient coolers for return shipment. 6. Field custody sheets, field log sheets, barcode labels, and container inventories will be provided by DEP Watershed Monitoring Subsection staff. 7. Preservatives will be provided by the DEP Watershed Monitoring Subsection in advance of sampling. 8. Federal Express ( FEDEX) will be utilized for return shipment of samples to the DEP Central Laboratory. The DEP laboratory and /or WMS staff will provide FEDEX airbills to sampling agencies for use in returning water quality samples to the DEP Central Laboratory. These airbills will be pre - printed with DEP's FEDEX account number, so that all shipping costs are directed back to DEP. REMAINDER OF PAGE INTENTIONALLY LEFT BLANK DEP Contract No. GW229, Attachment G, Page 1 of 1 ATTACHMENT H 16C3 REQUIRED ELECTRONIC FORMAT Florida Department of Environmental Protection Status and Trend Monitoring Networks From Field Sample Database Data Dictionary Version 2.1 Required Field Measurements - Surface Water MEASUREMENT UNITS STORET CODE Water Temperature, field °C 00010 pH, field Std. units 00406 Specific Conductance @ 25 C, field pmho /cm @ 25 °C 00094 Salinity parts /thousand 00480 Dissolved Oxygen, field milligrams /L 00299 Secchi Depth (transparency) 3 Meters 00078 Total Depth @ Sampling Site4 Meters 82903 Stream Stages Feet 00065 Sample Depth Meters 90068 1 = Measurements which are not taken, but required, should be listed as zero values with 2 the 'O' value qualifier. = Specific Conductance will be reported for fresh waters and salinity will be reported for saline waters. 3 = If disc is visible on bottom of water body the value reported should be ' >' + the value of the total depth with the 'L' value qualifier. = If sampling done from a fixed point. 5 = Surface water temporal variability sites only, where available. Required Field Measurements - Ground Water MEASUREMENT UNITS STORET CODE pH, field Std. units 00406 Specific Conductance @ 25 C, field UMHOS /CM @ 25 °C 00094 Water Temperature, field °C 00010 Dissolved Oxygen, field milligrams /L 00299 Depth to Water from Measuring Pt. Feet 72109 Elevation of Measuring Pt. Feet above or below NGVD 82514 Microlanduse2 NA 84147 = Once per year at temporal variability sites. DEP Contract No. GW22 Attachment_Ii, vase 1 of 3 16C3 All sample data will be transferred to the Department by the Contractor in Trimble SSF data files, or in the structures below. Equivalent convertible electronic spreadsheet files are acceptable. Acceptable File Transfer Formats DBF Format: NAME TYPE TOTAL CHARACTERS DECIMAL OR DIGITS DIGITS STATION CHARACTER 25 N/A PARAM_CODE NUMERIC 5 0 PARAM_NAME CHARACTER 40 N/A TEXT VALUE CHARACTER 11 N/A VAL_QUAL CHARACTER 5 N/A SAMP_DATE CHARACTER 8 N/A SAMP_TIME CHARACTER 4 N/A SAMP_SEQ CHARACTER 2 N/A SAMP_TYPE CHARACTER 1 N/A PROJECT CHARACTER 30 N/A COMMENT CHARACTER 80 N/A MS Excel © format: NAME TYPE TOTAL CHARACTERS DECIMAL OR DIGITS DIGITS STATION TEXT 25 N/A PARAM_CODE NUMERIC 5 0 PARAM_NAME TEXT 40 N/A TEXT _VALUE TEXT 11 N/A VAL_QUAL TEXT 5 N/A SAMP_DATE TEXT 8 N/A SAMP_TIME TEXT 4 N/A SAMP_SEQ TEXT 2 N/A PROJECT TEXT 30 N/A COMMENT TEXT 80 N/A = All text columns will be left justified _ DFP Cnnfrnrl NLn i W')-)n ®ttarkmant 14 nnaa 7 of ; 16 C' Please refer to the Watershed Monitoring Section's (WMS) Field Database Data Dictionary Version 2.0 for data element definitions. FORMAT FOR WMS STATION DATA: NAME TYPE TOTAL CHARACTERS DECIMAL OR DIGITS DIGITS *STATION_ID CHARACTER 16 N/A *STATION CHARACTER 25 N/A ALIAS _ID CHARACTER 50 N/A * COUNTYNAME CHARACTER 20 N/A *AGENCYCODE CHARACTER 4 N/A *USGS_HYDRO CHARACTER 8 N/A *WB TYPE CHARACTER 30 N/A *WATERBODY CHARACTER 40 N/A *LATITUDE CHARACTER 10 N/A *LONGITUDE CHARACTER 10 N/A *LOC_METHOD CHARACTER 4 N/A *LOC DATUM CHARACTER 1 N/A COMMENTI CHARACTER 80 N/A COMMENT2 CHARACTER 80 N/A COMMENT3 CHARACTER 80 N/A An asterisk( *) in front of a field name indicates that the field is required for data transfer. Explanations of each of the above fields are available in the Watershed Monitoring Section Data Management Standard Operating Procedures And Data Dictionaries document. ACCEPTABLE MAGNETIC MEDIA FOR GWIS DATA EXCHANGE: 1. Floppy diskettes: MS DOS format 1.44 megabyte 3 1/2 inch 2. lomega 100 Megabyte Zip disks 3. 650 / 700 Megabyte CD -ROM disks Data transfer via FTP or e-mail attachment is also acceptable. DEP Contract No. GW229, Attachment H, nase 3 of 3 ATTACHMENT I FLORIDA AMBIENT MONITORING NETWORK FEATURES & MICRO LAND USE SHEET Station ID Station Name Date Major Land Use Group (Check one) Low Impact (LI) Mining /Excavation (ME) Urban /Suburban (US) Intense Agriculture (AG) Industrial (IN) Check All Features Observed Within 300 Feet Of Well _ (47) Agri. Chemical Mixing /Storage _ (17) Pipeline(s) & Pump Station _ (02) Airports (46) Power Plant _ (52) Animal Feeding Operation _ (18) Railroad(s) _ (10) Borrow Pit _ _ (06) Repair Shops (e.g. Automotive) _ (21) Canal(s) (05) Residence _(40) Cave(s) _ (26) River (03) Cemetery (16) Roads, Major Highway _ (51) Crops, Field _ (36) Roads, Other _ (50) Crops, Row _ (13) Septic Tank(s) _ (22) Ditch, Drainage _ (07) Service Station _ (37) Ditch, Irrigation _ (14) Sewage Treatment Plant (55) Drycleaners _ (15) Sewage Treatment Sprayfield _ (41) Food Processing Plant _ (39) Sinks /Sinkholes _ (12) Golf Course _ (27) Spring(s) (48) Groves, Citrus _ (08) Storage Tanks (Above Ground) _ (49) Groves, Other _ (09) Storage Tanks (Below Ground) _ (23) Holding Pond(s), Industrial _ (38) Stream(s) (24) Holding Pond(s), Urban _ (42) Timber Processing Plant _ (45) Hospitals /Clinics _ (19) Transmission Lines and Towers _ (35) Junk Yard _ (29) Water Softener _ (53) Kennel(s) _ (30) Well(s), Injection (25) Lake(s) _ (31) Well(s), Irrigation _ (04) Landfill _ (32) Well(s), Oil & Gas (11) Mine _ (33) Well(s), Private Supply (43) Mineral Processing Plant _ (34) Well(s), Public Supply _ (01) Nursery /Greenhouse _ (28) Wetland(s) _ (20) Parking Lot(s) _ (54) Zoos (44) Petroleum Processing Plant _ Comments or other unlisted features WMS -MCLLI October 1999 DEP Contract No Gw229. Attachment 1. Paee I of I C.-I-1111 N ATTACHMENT J GLOBAL POSITIONING SYSTEM (GPS) STANDARDS* Introduction In 1995, the DEP Division of Water Facilities purchased 22 Trimble GPS units at a cost of over $11,000 each. These units are capable of collecting data in several different ways that produce different levels of accuracy. GPS locational data has also been collected using other brands and models of GPS units. Simply stating that locational data was collected with a GPS unit does not give the user enough information to use the data to its fullest potential. It has become apparent that consistency is needed and it would be desirable to develop some standards for the use of GPS equipment to maintain the utility of any data collected. As the technology progresses, highly accurate data is becoming easier to achieve. As more local governments obtain parcel maps, the need for our data to be accurate increases. There is a wide variety of GPS activities in the Department, therefore according to the Department GPS Standards, each program is required to adopt specific operational procedures. The following operational procedures have been adopted by the DEP Division of Water Facilities. These procedures were developed by a committee, composed of representatives from each of the Bureaus, which included a wide variety of users of both GPS data and the GPS equipment. This document refers to GPS locational data only. Definition of terms: Resultant Accuracy -the accuracy of a position, line or area feature that includes - a combination of error caused by GPS data collection, human error, and error introduced by datum conversion ( X percentage of time the position is within Y meters of truth). PDOP- Position Dilution of Precision, refers to a measure of the geometry of the satellites in the sky. A low PDOP means that the satellites are oriented in such a way to give you a good (accurate) position. * Condensed from the DEP Division of Water Facilities' Global Positioning System Standards document DEP Contract No. GW229, Attachment J, Page 1 of 5 GPS- Global Positioning System, refers to method of obtaining accurate latitude and longitude information using Department of Defense Satellites. GPS Locational Data- Data that was collected using a GPS unit, specified with a minimum accuracy of 12.2 meters for the purposes of this document (5.0 meters for data collected for the Ambient Monitoring Program). GIS- Geographic Information Systems; refers to a variety of software and hardware that have the ability to display, store, analyze and output geographically referenced spatial data. Point feature- Anything that can be represented as a point on a map, e.g., well, valve, manhole covers. Line feature- Anything that can be represented as a line on a map, e.g., roads, pipes, boundaries. Area feature- Anything that can be represented as a polygon with area on a map, e.g., wetlands, ponds, buildings. Requirements: Accuracy Standards The accuracy standard for GPS data collection for the Ambient Monitoring Program shall be 5 meters. Methodology /Equipment Recognizing that these accuracy standards can be met using different equipment, there is no standard make or model of GPS equipment that must be used. However, several requirements for equipment must be followed: 1) Real -time collection method, being more cost and time effective, shall be used whenever possible. Post processing of GPS data is acceptable when signal deficiencies prohibit real time differential correction. As technology improves, other methods may be assessed and added to this document.' 2) The GPS receiver used shall have a minimum of eight channels. ' If selective availability is eliminated, accuracy of non - differentially corrected data will need to be reassessed. DEP Contract No. GW229, Attachment J, Page 2 of 5 3) The Division reserves the authority to test the validity of accuracy of all GPS equipment used to collect GPS locational data for the Division. 4) Every effort shall be made to use the GPS equipment to its fullest capability where feasible. 5) All equipment shall have: a signal to noise ratio filter, PDOP filter, Elevation mask filter, and shall be able to average the required minimum number of positions to create a point feature. Collectina point features There are three different ways to collect the data necessary to describe a point feature: 1) Data collected at the location; 2) Data collected off of the location, adjusted for offset; 3) Data collected off of the location, not adjusted for offset (not to exceed program specified limits). Offsets in Point features: Offsets should only be considered when collecting data that is further than 5 meters from the actual feature. Offsets shall be made using a tape measure and compass, keeping in mind that compass accuracy is dependent on large metal objects and power lines. A maximum distance of 25 meters should not be exceeded without the use of additional equipment such as an inclinometer, laser or optical range finder. Vertical distance measurements and or inclination may be -. estimated when offset is under 25 meters. All horizontal distances shall be measured. All offset measurements with electronic devices must be made twice. This only takes seconds and provides an acceptable basis of comparison or error check. Laser or optical range finders are fast and very accurate when used correctly, but can often miss their target. By their nature, these instruments require a very good aim. The list above is the order in which data collection is preferred. For example, collecting data at the location is the most desirable. If this is not possible, use an offset feature of the equipment and make the correction. The third option is the DEP Contract No. GW229, Attachment J, Page 3 of 5 last choice and is not desirable, but it is understood that it may be the only option in some cases. All of these scenarios must have the resultant accuracy of the data within 5 meters. Operational Procedures: Training Proper training and maintenance of equipment is vital to the quality of the data. Annual training is necessary to keep GPS skills current. A training and certification program should be established to insure all users of GPS are competently trained. In support of this, the Division of Water Facilities has a GPS Coordinator to oversee that the above requirements can and will be met. Navigation If it is desirable to navigate back to a point feature, it is recommended that height above ellipsoid (HAE) be recorded for each point. This field is intrinsic in most files created when the original GPS data is collected by the unit. Minimum Settings All GPS units used to collect data for the DEP Division of Water Facilities should be configured with the following minimum settings: PDOP <6.0 Signal -To -Noise Ratio >6.0 Elevation mask 15° Minimum positions >_25 Minimum of 4 satellites 1 second Logging interval of point features Coordinate system must be latitude /longitude Maintenance of raw data The following fields should be maintained in raw data files. These areas should be addressed in storing and the retrieval of GPS data: DEP Contract No. GW229, Attachment J, Page 4 of 5 C3 , Accuracy Latitude /Longitude Datum (recommend WGS 84') Height Above Ellipsoid (Necessary for accurate navigation) The only way to assure the effective storage of this data is to archive the raw data files. Archival copies of the original GPS data collected from the unit shall be maintained, and provided to DEP Ambient Monitoring Section along with other field data collected for the Program. The standard datum for GPS locational data shall be WGS 84. Conversions shall not be made to the archival copies because they will introduce error. Quality Assurance and Quality Control Quality control can be accomplished by periodic point feature collection of high accuracy survey marks. Six month intervals and no more than 5 meters deviation from such survey point are recommended. Quality control can be accomplished by the collection of duplicate point features of a given high accuracy survey mark. The deviation between points shall be no more than 2.5 meters. Additional Comments: Trimble GPS units will be available on temporary loan to Contractors who do not have access to appropriate GPS hardware. Training in the use of these units will be provided by DEP for Ambient Program contract staff. Technical support / questions regarding the above requirements, equipment loans and training for the Ambient Monitoring Program should be directed to: Primary contact: Andy Roach, (850) 921 -9923; SUNCOM 291 -9923; Andrew.Roach @dep.state.fl.us Secondary contact: Tom Biernacki, (850) 921 -9595; SUNCOM 291 -9595; Thomas. Biernacki @dep.state.fl. us DEP Contract No. GW229, Attachment J, Page 5 of 5 , f � i• LLJ ' co 0 u t : a Lu n Le. i • _ , ,r Q p .� 0 SE LLJ ,f Q r ` G jl co 15C C5 1 Lu Cr- x r + €r ' T rx uj LU .., • • • • • • ■o • • • • • • CO LL, i • z C/) U) U) U) co co co m 0 O L M H m X W �2 vJi � u i M !L r � C V V: L, C r c o � � �O` G � � � 1 N _C a C a� -� E o m "- or C . Q1 G co 3 � -C L O z� V f 1 G i C O 0 U- G) L G � N c ' L N 3 � N G 3 ?6C3 C v C C) V G ` C in L � N 1. 3 N CL yy H aia QZ a7 V Ra •Ys �a'asx c — cv m v O m O'aEEF °§yak �u y '66060 8 v o C 19 NMI, � O CG Alabama Georgia Gulf of Mexico H y F 29 Atlantic Ocean E F ,i ;. Exhibit 4. Large Rivers and Canals qou A � 1 FL This map is for display purposes only, not for analysis. April 26, 2002 Contact (850) 922 -2804 Divison of Water Resource Management Bureau of Watershed Management, GIS section for more details. KEY WMS Tier 1 Status Network Reporting Units A B C D Hydrography Florida Counties with Shoreline Water Management Districts Q 16C7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16C8 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 16C9 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 16C10 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 1601 MEMORANDUM Date: May 01, 2003 To: James Albury Purchasing Department From: Marie Clos, Deputy Clerk Minutes & Records Department Re: Contract No. 03- 3454, "Golden Gate Aquatic Complex Concession" Thats Amore in Napoli, Inc. Enclosed are three (3) original documents, as referenced above (Agenda Item #16D1), approved by the Board of County Commissioners on Tuesday, April 08, 2003. If you should have any questions, you may contact me at extension #8411. Regards, Enclosures Contract # 03 -3454 16D1 GOLDEN GATE AQUATIC COMPLEX CONCESSION AGREEMENT THIS AGREEMENT made effective this V4 day of , 2003, A.D. between Collier County, a political subdivision of the State of Florida (hereinafter called the "County ") and That's Amore In Napoli, Inc., a Florida Corporation whose address is 321 22nd Ave. N.W., Naples, Florida 34120 (hereinafter called "Concessionaire "). 1. SCOPE. The County hereby grants to the Concessionaire, and the Concessionaire hereby accepts from the County, the exclusive right to operate the following described concession at Golden Gate Aquatic Facility, located at 3300 Santa Barbara Blvd. Naples, Florida, in conformance with the purposes and for the periods stated herein and subject to all terms and conditions hereinafter set forth. A. Term. This Agreement shall be for a term of five (5) years, commencing on award by the Board of County Commissioners. The County Manager may extend this Agreement under all of the terms and conditions contained in this Agreement for up to one hundred twenty (120) additional days following expiration of the original five (5) year term. The County must give the Concessionaire written notice of its intention to extend the Agreement no less than ninety (90) days prior to the end of the Agreement term then in effect. The Concessionaire shall notify the County in writing within sixty (60) days prior to the end of the respective Agreement term then in effect of Concessionaire's intention whether or not to accept the extension. B. Facilities. The County shall provide to the Concessionaire the use of the following facilities and space: a. The Concessionaire shall vend his/her products in the area commonly known as the picnic and activity pool location at the Golden Gate Aquatic Facility. b. A space in the fenced area shall be provided for the concession. c. A secured area for storage of the Concessionaire's cash register will be in the storage room located on the west side of the bathhouse facility. d. Any improvements made for the benefit of the Concessionaire shall be paid for by the Concessionaire. C. Uses. The Concessionaire is authorized to conduct the following types of business and to provide the following services, and only such business and services, at the location as set forth below: a. The sale of food, beverages and sundry items, and any other lawful activity approved in writing by the Director of the Parks and Recreation or his/her designee. The vending machines operated by the Parks and Recreation Department shall remain at Golden Gate Aquatic Facility. Concessionaire shall provide a list of the items to be sold at the concession to the Director of Parks 2 16 and Recreation or designee, which shall be updated monthly with any changes. b. Concessionaire shall provide, for approval a price list in writing of the items to be sold at the concession to the Parks and Recreation Director, or their designee upon execution of this Agreement. This list shall be updated as required, based on mutual agreement of the Parks and Recreation Director or their designee with any changes. 2. NOTICES. All notices from the County to the Concessionaire shall be deemed duly served if mailed by registered or certified mail to the Concessionaire at the following address: That's Amore in Napoli, Inc. 32122 nd Ave. N.W. Naples, FL 34120 Attention: Anthony Fusco All notices from the Concessionaire to the County shall be deemed served if mailed by registered mail to the County at the following address: Director of the Parks and Recreation Department 3300 Santa Barbara Boulevard Naples, Florida 34116 Attention: Director 3. NOT A LEASE. No part, parcel, building structure, equipment or space is leased to the Concessionaire. The corporation is a concessionaire and not a lessee. Concessionaire's right to operate the concession shall continue only so long as the concession operation complies with the undertakings, provisions, agreements, stipulations and conditions of this Agreement. 4. NO PARTNERSHIP OR AGENCY. Nothing herein contained shall create or be construed as creating a partnership between the County and the Concessionaire. Concessionaire is not an agent of the County. 5. ASSIGNMENT. The Concessionaire may not assign this Agreement, or any part hereof, without prior written approval of the Board of County Commissioners. Any attempt to assign without such approval shall be void. Concessionaire agrees that without the prior written consent of the Board of County Commissioners, no shareholder shall sell, assign, transfer or convey his /her stock (except by operation of law), nor shall the corporation issue any additional shares of stock, if any such transfer or issuance will effectively change the ownership of the corporation. However, the shareholders have the right to convey between themselves and their spouses and children without the County's consent. 6. MAINTENANCE. The Concessionaire shall, to the satisfaction of the Director of Parks and Recreation or designee, provide normal and routine daily maintenance of the concession building, keeping the equipment in a good state of repair, free from hazardous conditions and deterioration. Exterior maintenance of the facilities does not include daily removal of litter from the concession facility. E 7. TRASH, RUBBISH AND GARBAGE. The County shall provide all garbage, trash and rubbish receptacles within the confines of its area. Dumping of receptacles and removal of trash, rubbish, and garbage in the area of the concession operation shall be the responsibility of the Concessionaire. The Concessionaire agrees to perform daily removal of litter in the immediate exterior area within fifty (50) feet of the food concession and also police the area and remove litter around the activity pool. 8. USE OF THE FACILITIES IS PRIMARY. The Golden Gate Aquatic Facility is for the use of the public for recreational and other public purposes and the public's right to such use shall not be infringed upon by any activity of the Concessionaire. However, this does not preclude the Concessionaire from scheduling promotional events that might temporarily limit access to the event site, subject to the prior written approval for each event by the Director of Parks and Recreation or designee. 9. SECURITY. The Concessionaire must provide at its expense any security measures to protect its area, equipment and materials. Such security measures may not violate any other restriction(s) of this Agreement. 10. PERMITS, LICENSES, TAXES. The Concessionaire shall obtain and pay for all permits and licenses necessary for the conducting of business and shall comply with all laws governing the responsibility of an employer with respect to persons employed by the Concessionaire. Appropriate licenses and permits shall include but not be limited to compliance with Health Department requirements. This shall include HRS Screening for the Concessionaire and its employees. The Concessionaire shall also be solely responsible for payment of any and all taxes levied on the concession operation or any other taxable activity on the premises. In addition, the Concessionaire shall comply with all existing and future applicable rules, regulations and laws of Collier County, the State of Florida, and or the U.S. Government. 11. CONSIDERATION. The Concessionaire shall remit to the County, as consideration for this Agreement, a percentage of the total gross revenue (adjusted for items returned) of the Concessionaire's business, including the sale of food, beverage, and sundry concession operation as follows: Three hundred dollars ($300.00) per month minimum or fifteen percent (15 %) of gross total concession sales, whichever is greater. The percentage shall be based on total gross revenues cumulative year -to -date. Said payments shall be tendered to the County by the 15th of each month for the preceding month, and such payments shall be accompanied by a statement of gross receipts for the preceding month. The applicable Florida State Sales Tax on payments to the County as per this Agreement shall be added to the Concessionaire's payment and forwarded to the County as part of said payments. The County is to receive its revenue payment as net, free and clear of all costs and charges arising from or related to Concessionaire's obligations under this Agreement and that the guarantee or the percentage of total gross revenues be paid monthly. The term "gross revenue" or "gross receipts" means all income collected, accrued or derived by the Concessionaire under the privileges granted by this Agreement or other document entered into with the County, excluding amounts of any Federal, State or other tax collected by the Concessionaire from customers and required by law to be remitted to the taxing authority. The Concessionaire shall provide the County Finance Department a Statement of Gross Receipts. Such statement shall be certified as true, accurate and complete by the Concessionaire and by an independent Certified Public Accountant. The Concessionaire agrees to use point -of -sale machines or other accounting control equipment for the proper control of 3 cash and payment. All financial records are to be maintained during the entire term of this Agreement and for a period of three (3) years following the termination of this Agreement. The Concessionaire shall provide a copy of its State Sales and Use Tax Report for the same accounting period as required for the Statement of Gross Receipts. 12. UTILITIES. The County shall pay for utilities to the designated premises except all telephone charges including telephone installation and all other charges related to telephone service. 13. DEFAULT IN PAYMENT. A monthly report of gross receipts, the payments computed on that amount, and any other taxes and fees due must be submitted to the County through the Director of Parks and Recreation, to be received no later than fifteen (15) days after the close of each month. In the event the Concessionaire fails to pay this consideration within five (5) days of such due date, there shall be a late charge of fifty dollars ($50.00) for each such late payment, in addition to interest at the highest rate allowable by law. If the payment of consideration and accumulated daily penalties are not received within thirty (30) days after the normal monthly due date, then the County may take possession of the Concessionaire's assets on County property, may cancel this Agreement, and may begin procedures to collect the performance bond. A monthly report of activities shall be submitted to the Director of Parks and Recreation by the 15th of each month. This report shall accompany the monthly statement of gross revenues and will be subject to audit. The County has no duty to notify the Concessionaire of its failure to remit any such payment or report. 14. FORCE MAJEURE. If closure of the facilities or loss of equipment is due to fire damage, flood, civil disorders, act of nature, etc., to some but not all of the facilities and equipment, the County will allow pro rata adjustment of monthly payments up to the time such damage is repaired. 15. CONCESSIONAIRE NOT TO REMOVE PROPERTY. Concessionaire shall not remove from the Golden Gate Aquatic Facility any personal property brought thereon or any replacements thereto by the Concessionaire for the purpose of this Agreement, except such items as may be removed with the express written permission of the Director of Parks and Recreation. Upon expiration of the term specified in Paragraph 1 -A, if the Concessionaire has made full payment under this Agreement, and has fully complied with the terms of this Agreement, he/she may remove personal property including equipment and shall do so within fifteen (15) days following the expiration of this Agreement, provided such personal property and equipment must be removed without damage to the premises. On Concessionaire's failure to do so, the County may cause same to be removed and stored at the cost and expense of the Concessionaire, and the County shall have a continuing lien thereon in the amount of the cost and expense of such removal and storage until paid, and County may sell such personal property and reimburse itself for such costs and expense, plus all expenses of the sale. 16. RECORDS, AUDIT. Concessionaire shall establish and maintain such records as now exist and may hereafter be prescribed by the County in the future to provide evidence that all terms of this Agreement have been and are being observed. The Concessionaire grants to the County the right and authority to audit all records, documents, and books pertaining to the concession operation. Such audit will be conducted at locations and at a frequency determined by the County and communicated to the Concessionaire. The Concessionaire agrees to provide materials for the audit at the place designated by the County within five (5) business days after the County's notice to do so is received by Concessionaire all at no cost to the County unless otherwise agreed to in writing by the Director of Parks and Recreation or designee. 4 �1.6D1 Concessionaire shall use electronic point -of -sale cash control equipment for the proper control of cash payments. Cash register tapes must be maintained and made available to the County upon demand during the entire term of Agreement. All electronic cash control equipment and accounting procedures shall be with the approval of the Collier County Finance Department. Concessionaire must issue a receipt with all transactions. 17. COOPERATION. The Concessionaire agrees to cooperate with the County in the conduct of surveys and to provide reports of visitor usage of concession services. The County shall provide Concessionaire with advance notice of any special event and shall coordinate with the Concessionaire regarding same. County shall provide Concessionaire with notice of the availability of plans for any remodeling of the facilities. 18. INSPECTION. The concession facilities and premises may be inspected at any time by an authorized representative of the Director of Parks and Recreation or designee or by any other agency having responsibility for inspections of such operations. Concessionaire shall undertake immediately the correction of any deficiency cited by such inspectors. 19. WAIVER OF INTERFERENCE. The Concessionaire hereby waives all claims for compensation for loss or damage sustained by reason of any interference with the concession operation by any public agency or official in enforcing their duties or any laws or ordinances. Any such interference shall not relieve the Concessionaire from any obligation hereunder. 20. WAIVER OF LOSS FROM HAZARD. The Concessionaire hereby expressly waives all rights, claims, and demands and forever releases and discharges the County from all demands, claims, actions and causes of action arising from this Agreement, except intentional torts. 21. NO LIENS. Concessionaire will not suffer or through its actions or by anyone under its control or supervision, cause to be filed upon the property any lien or encumbrance of any kind. In the event any lien is filed, Concessionaire shall cause such lien to be discharged within ten (10) days after written notice to do so from the County. 22. ORDERLY OPERATIONS, ETC. The Concessionaire shall have a neat and orderly operation at all times and shall be solely responsible for necessary housekeeping services to properly maintain the premises. There shall be no living quarters, nor shall anyone be permitted to live on the premises. 23. EMPLOYEES, MANAGER. The Concessionaire shall employ people to work at this facility who are neat, clean, well - groomed and courteous. All employees shall observe all the graces of personal grooming. Subject to the American with Disabilities Act, Concessionaire shall supply competent employees, who are physically capable of performing their employment duties and the County may require the Concessionaire to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County property is not in the best interest of the County. All Concessionaire employees shall wear shirts and shorts with the Concessionaire's logo or other identifying marking. The Concessionaire shall have an experienced manager overseeing the concession operations at all times when open for business. 24. HOURS OF OPERATION. The concession shall be open and properly staffed during the weekends, holidays and all school holidays (including summer vacation). The hours of operation shall be at a minimum of 10am to 6pm. The Concessionaire may close at a later time subject to prior written approval of the Director of Parks and Recreation Department. All hours 5 16D of operation shall be conspicuously posted and easily read by park visitors. The Golden Gate Aquatic Facility will be closed for Christmas, Thanksgiving, and New Year's Day and for Snowfest (usually the first Saturday in December). 25. NO IMPROPER USE. The Concessionaire will not use, nor suffer or permit any person to use in any manner whatsoever, the concession facilities for any improper, immoral or offensive purpose, nor for any purpose in violation of any federal, state, or County law, ordinance, rule, order or regulation, or of any applicable governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of any violation of this Agreement by the Concessionaire, or if the County or its authorized representative shall deem any conduct on the part of the Concessionaire to be objectionable or improper, as noted on the Concession Inspection Report, the County shall have the right to suspend the operation of the concession should the Concessionaire fail to promptly correct any such violation, conduct, or practice to the satisfaction of the County. The Concessionaire shall not commence operation during such suspension until the violation has been corrected to the reasonable satisfaction of the County. 26. PRICES. The Concessionaire agrees that prices and fees charged for concession merchandise and services will be competitive with those charged for similar merchandise and service in the general vicinity of the park. Vending machine and concession items shall be comparably priced. All prices must be displayed and visible by the Concessionaire's customers. The Director of Parks and Recreation or designee must approve all such prices and fees in writing. The Concessionaire shall sell only those items approved in writing by the Director of Parks and Recreation. 27. NO DANGEROUS MATERIALS. The Concessionaire shall not use or permit in the facilities the storage of illuminating oils, oil lamps, turpentine, benzene, naphtha, or other similar substances, or explosives of any kind, or any substance or articles prohibited in the standard policies of fire insurance companies doing business in the State of Florida. 28. DEFAULT AND TERMINATION. If the Concessionaire fails to comply with any of the terms and conditions hereof and such default is not cured within fifteen (15) days after written notice is given to the Concessionaire, the County may cancel this Agreement and revoke the privilege of the Concessionaire to come upon the County's property for purposes for which the concession was granted and may oust and remove all parties who may be present, or may occupy any part of the premises for the purpose of exercising any rights so revoked. 29. NO DISCRIMINATION. There shall be no discrimination as to race, gender, color, creed or national origin in the operations referred to by this Concession Agreement; and further, there shall be no discrimination regarding any use, service, maintenance, or operation of the premises. All facilities located on the premises shall be made available to the public, subject to the right of the Concessionaire to establish and enforce rules and regulations to provide for the safety, orderly operation and security of the facilities. 30. TERMINATION. The Agreement may be terminated by the County immediately due to any material breach of this Agreement, including, but not limited to, failure of the Concessionaire to maintain the approved hours of operation or failure of the Concessionaire to provide a receipt to each customer for every transaction. The County shall be sole judge of non - performance. Further the County may terminate this Agreement for its convenience by giving the Concessionaire not less than a sixty (60) day written notice of such intent. During the notification period, both parties agree to meet its respective contractual obligations in good faith. I. 1 D1' -0 31. COUNTY CONTROLS OF GOLDEN GATE CONCESSION. Nothing in this greement will preclude the County from using the public areas of Golden Gate Aquatic Facility for public and /or civic purposes as deemed necessary by the Director of Parks and Recreation. 32. VEHICLES IN PARK. Vehicles are allowed in the areas only where roadways are provided. Vehicles shall park only in areas designated by the County for vehicle parking. 33. CONTAINERS. The sale of items in glass containers is not permitted. The use of straws is also prohibited. 34. STORM WARNING. Upon the declaration of a hurricane eminent strike or the implementation of evacuation procedures from Collier County, Concessionaire shall remove all perishable goods from the concession and properly secure the site for hurricane approach. 35. JURISDICTIONAL DISPUTES. Any dispute concerning the Concessionaire's rights under this Agreement versus other concessionaires' rights under other agreements with the County shall be submitted in writing to the Director of Parks and Recreation. 36. FLORIDA LAW. This Agreement shall be governed by and construed in accordance with the Law of the State of Florida. 37. SIGNAGE. The Concessionaire shall provide, at his sole expense, required signs at all public approaches to the Concession. All signage, advertising and posting shall be as approved by the Director of Parks and Recreation. Signs that will be used for advertising purposes shall be constructed and maintained to County standards as defined by the Code Compliance Department. The use of the Collier County logo is prohibited. 38. INDEMNIFICATION. The Concessionaire agrees to protect, defend, indemnify and hold the County of Collier and its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings or causes of action of every kind and character in connection with or arising directly or indirectly out of this Agreement and /or the performance thereof. Collier County will be responsible for its sole negligence. 39. INSURANCE. Before commencing work of any kind, (1) the Concessionaire shall procure the following insurance with insurance companies licensed in the State of Florida, and(2) shall file evidence of such insurance with Collier County's Risk Manager. A. Commercial General Liability. Coverage shall have minimum limits of $500,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Automobile Liability. Coverage shall have minimum limits of $300,000 per occurrence. C. Workers' Compensation. Insurance covering all employees meeting Statutory Limits in compliance with all their applicable state and federal laws. D. Special Requirements. Collier County shall be listed as the Certificate Holder and Fi 16 1 "'&* Included as an Additional Insured on the Comprehensive General Liabiili Policy. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Concessionaire during the duration of this Agreement. Renewal certificates shall be sent to the County at least thirty (30) days prior to any expiration date. There shall be a thirty (30) day notification to the County in the event of cancellation or modification of any required insurance coverage. Concessionaire shall ensure that all of its subcontractors comply with the same insurance requirements that Concessionaire is required to meet. The same Contractor shall provide County with certificates of insurance meeting the required insurance provisions. 40. THIS AGREEMENT shall be administered on behalf of the County by the Parks and Recreation Department. As used herein, the word "County" shall refer to the Director of Parks and Recreation or designee unless the context renders such construction illogical. 41. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached component parts, all of which are as fully a part of the contract as if herein set out verbatim: All Insurance Certificate; RFP 03 -3454, and Performance Bond. In the event that the Terms and Conditions of the Request for Proposal are perceived or found to be in conflict with the Terms and Conditions of the Golden Gate Aquatic Complex Concession Agreement, the Terms and Conditions of the Agreement shall take precedence. The rest of this page intentionally left blank 16D1 IN WITNESS WHEREOF, the Concessionaire and the County, have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. Dated: 41- p' D 3 ATTEST DWIGHT' -E. BROCK, C ERK�OF COURTS By: signature"6ni,, That's Amore' in Napoli Inc. The "Concessionaire" Witness Signature of President 40-14 ,7t � . *') .) . /e- TType /print witness nameT S cond Witnes TType /print witness nameT Approved as to form and le iency: obert N. Zac ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA 0 By: � 4 1 —� , Tom Henning, CHAIRMAN By: Printed name o President CORPORATE SEAL �i ) ACO19D CERTIFICATE OF LIABILITY INSURANCE DA /25102 DD/YY) 11/25/02 PRODUCER Nancy Roberts Ins. Inc THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE INSURED Amore In Napoli 321 NW 22nd Ave Naples, FI 34120 I INSURER A: Preferred National Insurance Company INSURER B: INSURER C: INSURER D: INSURER E: rnveoer_oe v THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR�I - - - POLICY EFFECTIVE POLICY EXPIRATIONT - -- -- _ -- - - -- - - - - -- TYPE OF INSURANCE POLICY NUMBER LIMITS GENERAL LIABILITY 2800 Horseshoe Drive EACH OCCURRENCE $ 500,000 FIRE DAMAGE (Any one fire) $ 50,000 X COMMERCIAL GENERAL LIABILITY RE ENTAT E MED EXP (Any one person) PERSONAL & ADV INJURY s500,000 _ $500,000 A CLAIMS MADE ° I OCCUR 64528 2/10/2002 I 2/10/2003 I GENERAL AGGREGATE $500,000 '.. PRODUCTS - COMP /OP AGG $ 500,000 GEN'L AGGREGATE LIMIT APPLIES PER: �i II_ POLICY LOC AU_ TOMOBILE LIABILITY D ,q / O fly ¢ 4- !, COMBINED SINGLE LIMIT (Ea accident) $ $ ALL OWNED AUTOSaQ' SCHEDULED AUTOS © T BODILY INJURY li, (Per person) $ ~~ HIRED AUTOS NON -OWNED AUTOS', r n /'n tmu m Ll �� r 'S BODILY INJURY (Per accident) $ i PROPERTY DAMAGE (Per accident) !i GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC - $ - - - - -- - -- - - ANY AUTO ii AUTO ONLY: AGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR u CLAIMS MADE AGGREGATE $ $ $ DEDUCTIBLE j $ RETENTION $ ' WORKERS COMPENSATION AND �_ I WCYSLIMIT O R E.L. EACH ACCIDENT $ EMPLOYERS' LIABILITY / 4 T4 7-0 �/ L` i"� I E.L. DISEASE - EA EMPLOYEE $ E.L. DISEASE - POLICY LIMIT $ OTHER DESCRIPTION OF OPERATONSfLOCATIONSNEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS CERTIFICATE HOLDER K ADDITIONAL INSURED; INSURER LETTER: 3x CANCELLATION ACORD 25 -S (7/97) L­_1 4V / - Q ACORD CORPORATION 1988 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED FORE THE EXPIRATION Collier County, Board of County Commissioners DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN 2800 Horseshoe Drive NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL Naples, Fl 34112 IMPOSE NO O CATION OR LIT OF A KI UPON THE INS ER, ITS AGENTS OR REPRESEN IVES. RE ENTAT E ACORD 25 -S (7/97) L­_1 4V / - Q ACORD CORPORATION 1988 COLLIER COUNTY i601 + ADNIINISTRATIVE SERVICES DEPARTMENT April 16, 2003 Risk Management Department Employee Services Center • 3301 E. Tamiami Trail • Naples, Florida 34112 • 239 - 774 -8461 • Fax 239-774 -8048 Anthony Fusco That's Amore in Napoli, Inc. 321-22 nd Ave., N.W. Naples, FL 34120 Dear Mr. Fusco, ��\\ �1G l �ti After reviewing the certificate of liability insurance for the Golden Gate Aquatic Complex Concession, the following requirements of the contract are missing: 1. Automobile Liability — Need $300,000 minimum limits; 2. Workers' Compensation Statutory Limits missing. Please send an amended certificate to Sheree Mediavilla, Risk Manager, at the address listed at the top of this page. Sincerely, 1,,,rgma Mausen, Administrative Assistant cc: James Albury, Purchasing Agent 041 z C O T C O N N t V 6 �.. t • _ 1 bi . G`i 1 a�aM mediavilla s From: mediavilla_s Sent: Wednesday, April 09, 2003 2:10 PM To: AlburyJames Subject: 03 -03454 Importance: High Dear Jim: I have reviewed the certificate of liability insurance for the Golden Gate Aquatic Complex Concession - That's Amore in Napoli, Inc. and found the following requirements of the Contract missing: 1. Automobile Liability $300,000 (Minimum) 2. Workers' Compensation Statutory Limits missing. Also, the producer of the certificate, Nancy Roberts Insurance, Inc., did not provide an address. Do you have a fax number for Anthony Fusco of That's Amore so I can request an amended certificate? Sheree Mediavilla Risk Manager 774 -8415 M 11 "'S's i 11� /Z 7-Z, rr� 141,6 C46", Y- r 04/28/2003 22:03 2397742660 ALLSTATE PAGE 02 X01 WORKER'S COMPENSATION AFFIDAVIT COMPANY NAME 'rhy.� 1 �5 p OL { MAILING ADDRESS Ll 2--) 0 1ZT0 LL - �. BUSINESS ADDRESS B.URNESS PHONE G 14 PROJECT C Orvc. t: -5sro v This is to certify that A t y F vSW. Is exempt from Worker's atio Statue 440, and will not hire additional threshold during this contract period. i coverage as defined in Florida employees that would pierce the It should be noted that organization involved in the construction trade might not be exempt should they have one (1) or more employees. Organizations that are not construction related may waive Worker's Compensation in accordance with Florida Stature 440 if they have less than four (4) employees. State of Florida County of Jc C r- The foregoing instrument was acknowledged before me this Who is pers nally known tome or has produced _FL as identification and who (did/did riot) take an oath. Title of person taking acknowledgment kLypuu, pr,ntea, or stamped) . w,torno„� t„ sue, M �ra %dda fop 14 2pop Is Thm W Irea. # beMet 04/28/2003 22:03 2397742660 ALLSTATE PAGE 03 (WA118 s 1601 You're in good hand& ALLSTATE INDEMNITY COMPANY Home Office Northbrook, Illinois CUSTOMER SERVICE REQUEST Calendar Date 0412412003 Policy COMMERCIAL AUTO POLICY FLORIDA BUSINESS NAME ANTHONY FUSCO BUSN ADDRESS 321 -22ND AVE NW CITY NAPLES HOME PHONE ( ) ST: Fl ZIP: 34120 - BUSINESS PHONE ( 239 ) 353 - 6670 CHANGE COVERAGES - These are the vehicle(s) after Coverages that apply - your requested change been made. AA Bodily Injury Ea Per ITEM 001 1.00„00 ITEM 002 100000 Liability Ea Occ BB Prop Damage Ea Occ 300000 300000 SS UM Bodily Injury CC Medical Payments 100000 30000 100000 30000 DD Collision (Ded) 5000 250 5000 HH Comprehensive (Ded) UU Rental (Days /Amt) 30/3100 VA Basic FIP (Ded) 0 0 PIP Plan 02 00 --------------- --- - - - - - - - - _____ CHANGE MISCELLANEOUS COVERAGES --------------- - -- - Policy Zip Code 34116 Drive Other Car y DRIVE OTHER CAR & STATE SPECIFIC COVERAGES State: FL No. Named Individuals: 001 Collision (Y /N): Y Comprehensive (Y /N): y Medical limit: 5000 Unins Mtrst (BI) : 30000 82853 -1 Page 1 of MORE 04/26/2003 22:03 2397742660 ALLSTATE WAIIState. VWPO in good hands,. ALLSTATE INDEMNITY COMPANY Home Office Northbrook. Illinois Calendar Date 0412412003 FLORIDA PAGE 04 i 6 M i CUSTOMER SERVICE REQUEST AUTO Policy Nuumberr: 048026057DL05/o4. THIS REQUEST IS SUBJECT TO POLICY TERMS AND IS EFFECTIVE_ ONLY TF THE POLICY NOTED IS CURRENTLY IN FORCE EFFECTIVE 12:01 AM 05/04/2003 Notice: it is a crime to knowingly provide false. incomplete or misleading information to an insurance company for the purpose of defrauding the Penalties include imprisonment, fines and denial of in anpe b refits. POLICYHOLD%js fiigndure N0: 058121 LOC: 38F 239/ 774 -2624 s , - gnature Agent's Phone# Page 2 of 02 A2A53 -1 SENIOR COMMUNITY SERVICE EMPLOYMENT PROGRAM 16D HOST AGENCY AGREEMENT Type of Agency Funding Source Federal Government X County Government X State —Federal Government _Municipality _Organization exempt under Section 501(c)(3) County COLLIER This agreement is between COLLIER COUNTY GOVERNMENT (Host Agency) and WORKFORCE COUNCIL OF SOUTHWEST FLORIDA INC. (DOEA SCSEP Provider) 4150 FORD ST EXT. FT MYERS, FL 33916 (239) 939 -4949 (Fax) 939 -0289 The host agency agrees; • the enrollee will not work in a building or surroundings or under conditions which are unsanitary, hazardous, or dangerous to the enrollees' health or safety. • to establish a training work schedule with the enrollee, adhere to that schedule and notify the grantor of any schedule change, abide by mutually agreed to work schedules, documented by properly prepared time sheets and periodic performance evaluations. Time sheets must be signed and completed in ink by the enrollee and the enrollee's supervisor. Any corrections to the time sheet must be initialed by the enrollee and verified by the host agency supervisor by initialing the change. • the enrollees will be allowed to attend periodic meetings during regular working hours. • to consider enrollees for regular employment on its staff when vacancies occur on when new positions are created; • the enrollee will not result in the displacement of currently employed workers, including partial displacement such as a reduction in hours of non - overtime work, wages or employment benefits. • not to employ or continue to employ any enrollee to perform work which is the same or substantially the same as that performed by any other person who is on layoff. • not to discriminate against an enrollee because of race, color, religion, sex, national origin, or disability. • to send a representative to a group meeting of host agency supervisor. Group meeting of host agency supervisors or designated representatives will be held annually to acquaint all concerned with the SCSEP goals and objectives; • to inform the grantor immediately if its Section 501(c)(3) certification is changed. • to assure that enrollees do not volunteer or bank hours. • to furnish any tools, equipment and supplies required by enrollees to perform their assignments with the host agency, • to report all on the job accidents by calling the Grantor office within 24 hours, complete a supervisors's accident report, and provide all requested follow -up. • that enrollees will not be permitted to engage in partisan or non - partisan political activities during hours for which they are paid with SCSEP funds, • that enrollees will not be assigned to work involving the construction, operation, or maintenance of any facility used for to be used as a place for sectarian religious instruction or worship or to work which primarily benefits private, profit - making organizations. • to follow policies, procedures, and practices established by the Grantor pursuant to federal law and regulations. • that enrollees shall not exceed 1300 hours during a 12 -month period. The 1300 hours includes paid hours of orientation, training, sick leave and vacation and hours of enrollment. • that enrollees will not participate more than 20 hours during one week; however, hours may extended with the consent of the enrollee. • the enrollee will not work at a site for a person who works in an administrative capacity, staff position, or community service position if a member of that person's immediate family is engaged in a decision - making capacity (whether compensated or not) for the agency. • to notify the SCSEP project staff if the enrollee's supervisor is compensated with federal funds. FAX; 239 774 -3430 Host Agency COLLIER COUNTY GOVERNMENT Phone # ( 239) 774 -8443 Address 3301 E. TAMIAMI TRAIL City NMIES State FL Zip 34112 Nast Agency Representative's Signature _-_F Date - � - c)3 Grantor Representative's Signature Date 4- 16- 200�3a o�' +'�����,,, "; , 4,17 V1 7.f DOEA SCSEP Host Agency Agreement 10 /I /02 o if)i i s g; c A:lscsepforms.wpd Revised 10/1/02 A�` Sig ...: 169� MEMORANDUM Date: April 9, 2003 To: Amanda Townsend Parks and Recreation From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Grant Application from the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program Enclosed please find one certified copy as referenced above (Agenda Item #16D4), as approved by the Board of County Commissioners on Tuesday, April 8, 2003. If you should have any questions, please call me at 774 -8406. Thank you. Enclosures RESOLUTION NO. 2003- 13 6 RESOLUTION AFFIRMING AN APPLICATION FOR A GRANT FROM THE FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION, FLORIDA BOATING IMPROVEMENT PROGRAM WHEREAS, the State of Florida Fish and Wildlife Conservation Commission encourages counties to improve recreational boating in their areas through the Florida Boating Improvement Program (FBIP); and WHEREAS, Collier County desires to develop a new boating park on a County -owned parcel of land in Goodland to enhance the recreational boating opportunities for Collier County residents and visitors; and WHEREAS, Staff is requesting that the Board of County Commissioners affirm submittal of a grant application on behalf of Collier County and to authorize the County Manager to designate a staff project manager to perform all necessary acts to obtain these grants, and to accomplish the goals of such a grant if awarded to the County. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA that: The Board of County Commissioners affirms submittal of the grant application, attached hereto, and authorizes the project manager to apply for and administer the grant on behalf of the Board with all understandings and assurances contained therein, and also authorizes Staff to act in accordance therewith. This Resolution adopted this 641n day of 2003, after motion, second and majority vote in favor of adoption. ATTEST I3WIQHT . E"BROCK, Clerk �� yW irk yR' 4$ 4 Chairman's 'J0'0n.Il 'e 0411 Y. Approved as to form and leg cy: Ro ert ac ry Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER Lo Tom FLORIDA e hairman y 8 03 �;A COLLIER COUNTY GOVERNMENT DIVISION OF PUBLIC SERVICES PARKS AND RECREATION DEPARTMENT April 3, 2003 Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program 620 South Meridian Street Tallahassee, Florida 32399 -1600 To whom it may concern: 3300 SANTA BARBARA BOULEVARD NAPLES, FL 34116 (941) 353 -0404 FAX: (941) 353 -1002 Website: colhergov.net On behalf of the Collier County Board of Commissioners, I am pleased to submit the enclosed grant application for the current cycle of the Florida Boating Improvement Program for survey, engineering, and design of Goodland Boating Park. If this project is chosen for funding Collier County is committed to fulfilling all commitments made in the application. I authorize Amanda Townsend, Operations Coordinator for Collier County Parks and Recreation Department, to act as the project manager and official contact person for this grant project. I understand that all correspondence regarding the grant application will be directed to her. Collier County thanks you for the opportunity for assistance in expanding and enhancing recreational boating for its residents and visitors. Sinc rely, Alf", / Marla Ramsey Director of Parks and Recreration FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION FLORIDA BOATING IMPROVEMENT PROGRAM GRANT APPLICATION ,r Fill in all sections that apply - Leave all other sections blank I - APPLICANT INFORMATION County Name: FOR OFFICE USE ONLY Grant Application Number: Fiscal Year: 2003 -2004 1 Date Received: District Numbers Fill in all sections that apply - Leave all other sections blank I - APPLICANT INFORMATION County Name: Facility Name: Collier Federal Employment Id. No.: 59- 6000558 Telephone No.: Fax No.: Suncom No.: District Numbers US Congress: 14 State House: 76 Marla Ramsey MariaRamsey 239- 353 -0404 239 -353 -1002 Applicant Title: e-mail: Director of Parks and Recreation amandaoswaid@ col iergov.net Applicant Mailing Address: City: Zip Code: 3300 Santa Barbara Blvd, Naples 34116 Project Manager Name: Title: Amanda O. Townsend Operations Coordinator II - PROJECT LOCATION Latitude: N 25 0 55 1 30 ° Longitude: W 81 0 38 ' 30 to Facility Name: County: Waterbody: Goodland Boating Park Collier Coon Key Pass District Numbers US Congress: 14 State House: 76 State Senate: 37 County Commission: 1 Facility Street Address or Location 740 Palm Point Drive, Goodland III - PROJECT SUMMARY Type of Application: ® New (never considered before) ❑ Reconsideration ❑ Phased Continuation- Phase No.: Type of Project: ❑ I- Recreational Channel Marling ❑ III- Aquatic Plant Control ❑ 11- Public Launching Facilities ® IV- Other Local Boating Related Activities Grant Funds Requested $ 75,000.00 Project Description: Collier County Parks and Recreation will hire a consulting firm to survey, design, and engineer a two -lane boat ramp and park faciltiy with parking for approximately 76 trailers and 20 regular vehicles, a rest room, picnic shelter, playground, fishing area, and veiwing station as generally laid out in a conceptual plan drawn by Parks and Receation staff. The site is a a 5.22 acre undeveloped parcel at the southern tip of the village of Goodland. Estimated total project cost is $150,000; requested FBIP funds is $75,000. Revised 01/2003 IV - GENERAL FACILITY INFORMATION Type of Facility: Upland Ownership: ❑ Primitive ®Public- Fee Simple ❑ Small (1 lane ramp) ❑ Public - Lease ❑ Medium (2 lane ramp) ❑ Number of Years Remaining in Lease ❑ Large Regional (3+ lane ramp) Name of Owner ❑ Tie- up /Overnight/Moorage/Marina Collier County ® Other survey, engineering, and design ❑ Aluminum Is this facility open to the general public? ❑ Yes [-]No Estimate Percent ( %) Use of Launching Facility: Motosboats/Sailboats Non-Motorboats Day Use, Parking or Launch Fee Amount: $ Tie -up /Overnight Moorage: $ Names of adjacent boating facilities, public and private (ramps, tie -up facilities/marinas) within a 10 -mile radius. Name Distance Name Distance 1 Caxambas Park 4.6 miles 6 Isles of Capri Marina 6.6 miles 2 Collier Blvd Boating Park 5.2 miles 7 Shell Island Road Boat Ramp 8.6 miles 3 Collier - Seminole State Park 5.8 miles g 4 Calusa Island Marina .5 miles 9 5 Moran's Marina .5 miles 10 V - FACILITY COMPONENTS AND USE - EXISTING CONDITIONS Number of Launch Lanes: Length of Boarding Docks: Ft ❑ Asphalt ❑ Concrete ❑Other []Wood ❑ Aluminum []Other Type of Ramp: Type of Dock: Condition: []Poor ❑Ave a []Good Condition: ❑Poor ❑Average []Good Number of Boat Trailer Parking Spaces: Length of Tie -up Dock or Moorage: Ft or Slip ❑ Asphalt ❑ Concrete []Other ❑ Asphalt ❑ Concrete ❑ Other Type of Parking: Type: ❑ Slip ❑ Broadside Condition: ❑Poor ❑Average []Good Condition: []Poor ❑Average [_]Good Other Facility Attributes: Pump out or Dump Station: ❑ Yes []No Restroom: ❑ Yes ❑ No VI - PROJECT NEED List Primary Need for Project: ❑ Safety ® High Demand by Users ❑ Age -end of Useful Life ❑ Recommended by FWC Staff ❑ Environmental Needs of the Area ® Lack of In -house Capability ❑ Other. Known Public Support: (Name) ❑ Adjacent Land Owners ® Users Groups Marine Industries Association of Collier County ® Neighborhood Assoc. Goodland Civic Association ® Local/State/Federal Government Parks and Recreation Advisory Board, Board of County Commissioners ❑ Legislature ❑ Other Known Public Opposition: (Name) ❑ Adjacent Land Owners ❑ Users Groups ❑ Neighborhood Assoc. ❑ Local/State/Federal Government ❑ Legislature ❑ Other VII - PROJECT ENGINEERING AND CONSTRUCTION Who is or will be completing project design/engineering ? Level of engineering completed at time of application: ❑ Applicant Own Staff ® None ® Consulting Engineers ❑ Conceptual (Master Plan Phase) ❑ N/A (Materials or Equipment Purchase) ❑ Preliminary ❑ Other: ❑ Final (Ready to Bid) Has a preliminary or final engineer's cost estimate been developed for this project at time of application? ® Yes [—]No If yes, please attach a copy of detailed engineers cost estimate to application. Preferred period of construction (based on user activity, weather and water level): ❑ Winter ❑ Spring ❑ Summer ❑ Fall Revised 01/2003 3 ® Anytime of the Year VIII - PROPOSED PROJECT COMPONENTS Note.- See Procedure Guide for definitions, Check all that apply Replacement Expansion New Engineer*/Planning Recreational Channel Marking ❑ El ❑ Public Launching Facility (Boat Ramp) ❑ ❑ 1:1 Aquatic Plant Control ❑ El Other Local Boating Related Activities: Boarding Dock ❑ ❑ El ❑ Transient Tie-up ❑ ❑ El ❑ Overnight Moorage 11 13 F-I El Restroom ❑ ❑ ❑ Access Road ❑ 13 11 ❑ Paved Parking El ❑ ❑ Non-Paved Parking ❑ ❑ F-I ❑ Curbs, Signs, Markings and Lighting ❑ 13 ❑ Fixed Pier ❑ ❑ ❑ ❑ Vessel Waste Facility ❑ ❑ ❑ ❑ Debris Deflection Boom ❑ ❑ ❑ Piles ❑ ❑ ❑ ❑ Dredging ❑ ❑ ❑ ❑ playground, picnic area Other: fishing dock, willife viewing 11 11 11 19 19 IX - PROPERTY VALUE Size Acres: Assessed Value: $ Appraisal Completed: ❑ Yes ❑No Current Zoning: Revised 01/2003 X - PROJECT COST - SOFT (NON CASH) FUNDS Cost Item Project Type Applicant Other* (List in Page -6 ) Do Not Use Tliis;colunm TOTAL Type I $ $ $ Administration Type II $ $ $ Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In -kind Engineering Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II In -kind Labor Tpe III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In-kind Materials Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ In -kind Equipment Type III $ $ $ Type IV $ $ $ Type I $ $ $ Type II $ $ $ ki In-nd Inspection Type III $ $ $ Type IV $ $ $ Type I $ $ $ Other: Type II $ $ $ Type III $ $ $ Type IV $ $ $ Total Soft Funds $ $ $ Revised 01/2003 5 Ems XI - PROJECT COST - HARD (CASH) FUNDS Cost Item Project Type Applicant Other* (list Below) FBIP Grant TOTAL Property Value Type I $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Consultant Master Plan Tape I $ $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $13,850.00 $ $13,850.00 $ 27,700.00 Consultant Engineering Type I $ $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $ 46,450.00 $ $ 46,450.00 $ 92 ,900.00 Consultant Inspection Type I $ $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $14,700.00 $ $14,700.00 $ 29,400.00 Construction Type I $ $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Other: Type I $ $ $ $ Type II $ $ $ $ Type III $ $ $ $ Type IV $ $ $ $ Total Hard Funds $ 75,000.00 $ $ 75,000.00 $150,000.00 TOTAL FUNDS ' $ 75,000.00 Is of Funds ❑ Federal ❑ State/Local ❑Loan Grant Name(s): Agency(ies): Approval Status: []Approved ❑ Pending ❑Intend to Apply, Date: Revised 0112003 $ 75,000.00 1$150,000.00 b 4 XH - PERAUTS Note: Consiruetion Projects Only. YES NO Has an application been submitted with the Florida Department of Environmental Protection? ❑ ❑ U.S. Army Corps of Engineers [] ❑ Local and Others (If needed): ❑ ❑ XU- YES NO 1. Will the project significantly or adversely affect the environment? [] If Yes, please explain key issues and describe any mitigation actions proposed. Revised 01/2003 u5iau �3's:l P mi XIII - REQUIRED APPLICATION ATTACHMENTS CHECK LIST ® 1. An adopted Resolution, by the Governing Body, authorizing that the Project Manager has the authority to apply for and administer the grant on behalf of the applicant. 2. Boundary map of the project area. The map must provide a description and sketch of the project area boundaries, displaying known easements, and legally sufficient to identify the program area ® 3. Site control documentation (e.g. deed, lease, results of title search, etc ... ) for the project site. If the county is applying on behalf of a local body of government, then an inter -local agreement between the local body of government and the county must also be submitted. ® 4. Existing Condition Photographs sufficient to depict the physical characteristics of the project area. ® 5. Aerial Photographs marked with the approximate boundaries of the project site. ❑ 6. If applicable, an 9.5 "xrl "-bhDto W (pr6jebrkw i t6ft o*y6f actrrreh� IQCyAA'I�cSt'th "Aiae icar�ihtatrf'83 caY - ` chart (provide the NOAA chart name and number) indicating the precise location of the project site. NOAA charts may be obtained from: Distribution Branch (N /CG33), NOAA - National Ocean Service, 6501 Lafayette Avenue, Riverdale, Maryland 20737. ❑ 7. Photocopies of necessary project permit(s) or permit application(s). ® 8. Engineering Cost Estimate (if completed). ❑ 9. Preliminary Design/Engineering Plans (if completed). ® 10. Application transmittal cover letter (Identify priority rank with multiple applications). ® 11.One (1) original application. ® 12. Five (5) copies of the application. APPLICANT SIGNATURE Application is hereby made for the activities described herein. I certify that I am familiar with the information contained in the application, and, to the best of my knowledge and belief, this information is true, complete, and accurate. I further certify that I possess the authority including the necessary requisite property interests to undertake the proposed activities. I also certify that the Applicants governing body is aware of and has authorized the Project Manager as the official representative of the Applicant to act in connection with this application and subsequent project as well as to provide additional information as may be required. By signature below the Applicant agrees to comply with all applicable federal, state, and local laws in conjunction with this proposal and resulting project so approved. Maria Ramsey 711r, pe Name X/ Applicant Signature Director of Parks and Recreation Title Date STATE OF FLORIDA, COUNTY OF I L [,E ) a Personally appeared before me this _ day of /-)P;e l 4 _ 2001, AIAL, 4) ,%�,y/ / who subscribed and swore to the above instrument in my presence. Notary Public Name: e, W"" L Jd.WU r' My commission expires: NOTE: Instruction and further information regarding this application and the Florida Boating Improvement Program can be found in the Florida Boating Improvement Program Procedure Guide or you may contact the Program Administrator, Florida Fish and Wildlife Conservation Commission, 620 South Meridian Street, FL 32399 -1600. Telephone (850) 487 -3755. Revised 01/2003 Adopted resolution Boundary map I E� r, 5..y'...H `Kr Existing condition photographs NOAA nautical chart (not applicable) Permits or permit applications (not applicable) Engineering cost estimate Wx lac Sig w i p� i oO m M z Y d W r Q — � J 12 }6 V! 17 $ 4 bm Q 4; Q (v),ss Rec Z .x g c N j •96 GOOn\ sg ti V N O Wx lac Sig w i p� i oO m M z Y d W r Q — � J 12 }6 V! 17 $ 4 bm Q 4; Q h2 a5 E(Pl �y Sti 9b. Elul 5,896.g5�M, $�3b )lll9 N W � O Z 46 ZaJ 6N W�W QW ZK; WOm� r. Uf Yd `-G OaQ: Y W O�j4 YV°1 WFa00N �W U Z NZ Za oizU.°o ro�LL�vi�ma a o ova v=iow m mgr UN mWrrU V�"'a co �°o a..Ja og Mti >U W WObF W �N Ur Y 4 C Vi °�- ��a 444W <�yyW���y�l3O y��.wV 2WZ m � ZOw'nw Z 44 0° Z p � mUNWWm OO m �° < Z < 0 U NZOFZ O� O V N 3 0> U 2 0 4 Z O z° O r N O U maJ w° mNO ��w�4 V��aZ3W�i vN' NW �w owu z n a z 2g V <N mw i Wo a z U U Z�N OU ❑ m rc ao z'diz $a�° -zz�� cwi mo O ut 4 aaw� Gc�ww3 c; 7d`AZN a <w mo oa'aw o w aa�° mvw -�w Na z ai z azm a mrc �W Wan na G¢ 1 I ¢ (v),ss Rec �J g c •96 GOOn\ sg ti 3.OZ, S ah F 9 Zi t S °i >•" a >,a Sri � m o ° :� W z _ � n c � ? c �c� ua+o�z� �w E oa c�ia •E ov � cl am E t" die � �i5� 4-\ S Sl�� �s I7g �0e4 U �OaJ 91 n & y O �� OEiO 5� <yy 1g0. 06 (Gi N N m 3 _O 513'SG, 44 F 08� 180. N 513.50 N nI u Z cc gro ° O N ry m Z Y J_ �k3 h2 a5 E(Pl �y Sti 9b. Elul 5,896.g5�M, $�3b )lll9 N W � O Z 46 ZaJ 6N W�W QW ZK; WOm� r. Uf Yd `-G OaQ: Y W O�j4 YV°1 WFa00N �W U Z NZ Za oizU.°o ro�LL�vi�ma a o ova v=iow m mgr UN mWrrU V�"'a co �°o a..Ja og Mti >U W WObF W �N Ur Y 4 C Vi °�- ��a 444W <�yyW���y�l3O y��.wV 2WZ m � ZOw'nw Z 44 0° Z p � mUNWWm OO m �° < Z < 0 U NZOFZ O� O V N 3 0> U 2 0 4 Z O z° O r N O U maJ w° mNO ��w�4 V��aZ3W�i vN' NW �w owu z n a z 2g V <N mw i Wo a z U U Z�N OU ❑ m rc ao z'diz $a�° -zz�� cwi mo O ut 4 aaw� Gc�ww3 c; 7d`AZN a <w mo oa'aw o w aa�° mvw -�w Na z ai z azm a mrc �W Wan na G¢ 1 I ¢ (v),ss Rec �J g c •96 GOOn\ sg ti 3.OZ, �� 9 Zi t S bl3E :� W z # m ,p2\ cl r i y 4-\ S Sl�� �s I7g 91 n s° 0 fig❑ � 1g0. 06 (Gi N N 513'SG, 44 F 08� 180. N 513.50 N nI u gro ° O N ry m h2 a5 E(Pl �y Sti 9b. Elul 5,896.g5�M, $�3b )lll9 N W � O Z 46 ZaJ 6N W�W QW ZK; WOm� r. Uf Yd `-G OaQ: Y W O�j4 YV°1 WFa00N �W U Z NZ Za oizU.°o ro�LL�vi�ma a o ova v=iow m mgr UN mWrrU V�"'a co �°o a..Ja og Mti >U W WObF W �N Ur Y 4 C Vi °�- ��a 444W <�yyW���y�l3O y��.wV 2WZ m � ZOw'nw Z 44 0° Z p � mUNWWm OO m �° < Z < 0 U NZOFZ O� O V N 3 0> U 2 0 4 Z O z° O r N O U maJ w° mNO ��w�4 V��aZ3W�i vN' NW �w owu z n a z 2g V <N mw i Wo a z U U Z�N OU ❑ m rc ao z'diz $a�° -zz�� cwi mo O ut 4 aaw� Gc�ww3 c; 7d`AZN a <w mo oa'aw o w aa�° mvw -�w Na z ai z azm a mrc �W Wan na G¢ 1 I ¢ 2924999 OR; 2972 PG, 2967 PROJECT: Dolphin Cove /Goodland RECORDED in OFFICIAL RECORDS of COLLIER COUNTY, FL FOLIO: 46372960201 01/30/2002 at 03:101,11 DWIGHT B. BROCI, CLERK CONS 1588000.00 RIC FBI 15.00 DOC -.TO 32116.00 COPIES 3.00 Retn: WARRANTY DEED REAL PROPERTY 117 8991 INTER OFFICE THIS WARRANTY DEED is made this kVrk day of 341,30AS `{ , 2002, by DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation, whose post office address is P.O. Box 158, Marco Island, Florida, 34146 (hereinafter referred to as "Grantor "), to COLLIER COUNTY, a political subdivision of the State of Florida, its successors and assigns, whose post office address is 3301 Tamiami ,Trail East, Naples, Florida, 34112 (hereinafter referred to as "Grantee "). (Wherever used herein the terms "Grantor" and "Grantee" include all the parties to this instrument and their respective heirs, legal representatives, successors and assigns.) WITNESSETH: That the Grantor, for and in consideration of the sum of Ten Dollars ($10.00) and other valuable consideration, receipt whereof is hereby acknowledged, hereby grants, bargains, sells, aliens, remises, releases, conveys and confirms unto the Grantee, all that certain land situate in Collier County, Florida, to wit: See Attached Exhibit "A" which is incorporated herein by reference. Subject to real estate taxes for the current year and thereafter, easements, restrictions, and reservations of record. THIS IS NOT HOMESTEAD PROPERTY TOGETHER with all the tenements, hereditaments and appurtenances thereto belonging or in anywise appertaining. TOGETHER with all rights or permits to build docks or rights to leases of submerged lands or leases to submerged lands that arise from, relate to, refer to or are connected in any way with Grantor's property or plans to develop the property and all other property rights arising from, relating to or connected in any way with the. property and plans to develop the property. TO HAVE AND TO HOLD the same in fee simple forever. AND the Grantor hereby covenants with said Grantee that the Grantor is lawfully seized of said land in fee simple; that the Grantor has good right and lawful authority to sell and convey said land; that the Grantor hereby fully warrants the title to said land and will defend the same against the lawful claims of all persons whomsoever; and that said land is free of all encumbrances except as noted above. IN WITNESS WHEREOF, the said Grantor has signed and sealed these presents the day and year first above written. Witness: (Si nature) Name: 1� �,f P.rifif or TVRh)�, J DOLPHIN COVE DEVELOPMENT OF GOODLAND, INC., a Florida corporation BY: G G- -il4 Nicole Ginic, President s Si naiufe P.O. Box 158 Marco Island, Florida 34146 THIS CONVEYANCE ACCEPTED BY THE BOARD OF COUNTY COMMISSIDNERS, COLLIER COUNTY, FLORIDA, PURSUANT TO AGENDA, DATED: ITEM NO._ OR; 2972 PG; 2968 STATE OF A, d COUNTY OF CaII C�- The foregoing Warranty Deed was acknowledged before me this d day of 2002, by NICOLE GINIC, President, on behalf o ove Development of Goodland, Inc., a• Florida corporation, w rsonally known to me o who has produced as identifica n. (affix notarial seal) Signature of Notary Public) F4EMI SEY 81601004 (Print name of Notary Public) NOTARY PUBLIC Serial /Commission # : if any_ My Commission Expires:_ Appro a as o fol 8 egal sufficiency ant County Attaru�y. OR; 2972 PG; 2969 JQ " EXHIBIT "A" A parcel of land being a portion of Tract 1, as shown on but not a part of the Plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page 19, of the Public Records of Collier County, Florida, more particularly. described as follows: Beginning at the southeasterly corner of Lot 33, Block F of said Goodland Isles Second Addition; thence S 15° 11' 20" E 390.48 feet; thence S 72° 15' 1.9" E 128.00 feet; thence S 13° 50' 44" E 180.00 feet to the southerly boundary line of said Tract 1; thence 28.70 feet along the arc of a circular curve concave to the northwest, radius of 100.00 feet, chord bearing N 51° 23' 18" E 28.60 feet; thence N 43° 10' 00" E 250.00 feet; thence N 12° 20' 20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve concave to the southwest, raditis of 50.00 feet, chord bearing N 37° 46' 41.5" W 76.74 feet; thence N 87° 53' 43" W 66.88 feet; thence 162.41 feet along the arc of a circular curve concave to the southeast, radius of 1365.08 feet, chord bearing S 88° 41' 47" W 162.31 feet; thence S 85° 17' 17" W 201.52 feet; thence N 18° 12' 43" W 87.42 feet to the southerly right -of -way line of Palm Avenue; thence S 85° 17' 17" W 10.28 feet; thence S 74° 49' 12" W 60.08 feet to the northeast comer of said Lot 33, Block F; thence S 180 12' 43" E 96.75 feet to the southeast comer of said Lot 33, Block F and the Place of beginning. Parcel contains 5.22 acres, more or less. Bearings are based on those shown in Plat Book 8, Page 19 of the Public Records of Collier County, Florida. ' a l NUMBER 5332- 16 8 2 5 7/ Owner's Policy of Title Insurance Fidelity National Title Insurance Company OF NEW YORK A Stock Company SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COV- ERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK, a New York corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of: 1. Title to the estate or interest described in Schedule A being vested other than as stated herein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. This policy shall not be valid or binding until Schedule A has been countersigned by either a duly authorized agent or representative of the Company and Schedule B has been attached hereto. IN WITNESS WHEREOF, FIDELITY NATIONAL TITLE INSURANCE COMPANY OF NEW YORK has caused this policy to be signed and sealed by its duly authorized officers as of Date of Policy shown in Schedule A. Fidelity National Title Insurance Company of New York BY SEAL s P­~1 ATTEST FORM 5332 (8/94) ALTA OWNER'S POLICY (10- 17.92) Reprinted (5 /97) with Florida Modifications Fidelity National Title y. INSURANCE AYPTAAYOWNER'S POLICY (10- 17 -92) k (with Florida Modifications) v Policy Number: 5332 - 168257 Office File Number: 02 -TC -3808 (B- 12303) Date of Policy: January 30, 2002 @ 3:40 P.M. 1. Name of Insured: SCHEDULE A . Amount of Insurance: $4,588,000.00 COLLIER COUNTY, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA 2. The Estate or interest in the land which is covered by this policy is: FEE SIMPLE 3. Title to the estate or interest in the land is vested in the named insured by instrument recorded in O.R. Book 2972, Page 2967, Public Records of Collier County, Florida. 4. The land referred to in this policy is described as follows: See attached Exhibit "A" Countersigned: 1 BY: ,2 1 4 Autho ' natory - Lesley Irvine First Title & Abstract, Inc. Colonial Square 1040 Goodlette Road, North Naples Florida 34102 Ph: (941) 262 -6455 OPR -L1 0 Fidelity National Title INSURANCECAFTIAYOWNER'S POLICY (10- 17 -92) (with Florida Modifications) Office File Number: 02 -TC -3808 Policy Number: 5332 - 168257 SCHEDULE B . EXCEPTIONS FROM COVERAGE This policy does not insure against loss or damage (and the Company will not pay costs, attorneys' fees or expenses) which arise by reason of: 2. 3. 4. 5. 6. 7. 8. 9. 10 OPR -L1 The lien of all taxes for the year 2002, and thereafter although not yet due and payable until on or after November 1, 2002. 2001 taxes were paid in the amount of $32,781.40. Folio#46372960201 Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished, imposed by law and not shown by the public records. (Deleted) Any encroachments, easements, measurements, variations in area or content, party walls or other facts which a correct survey of the premises would shown. Rights or claims of parties in possession. (Deleted) Easements or claims of easements not shown by the public records. Roads, ways, streams, if any, not shown by the public records, riparian rights and the title to any filled -in lands. Certificate of Approval for Establishment of Bulkhead Line as recorded in O.R. Book 206, Page 132, Public Records of Collier County, Florida. Agreement by and between The Collier Company and Goodland, Inc., as recorded in O.R. Book 213, Page 194, Public Records of Collier County, Florida. Right of Way Easement in favor of Lee County Electric Co- Operative, Inc., as recorded in O.R. Book 631, Page 505, Public Records of Collier County, Florida. Proprietary Deed of Conservation Easement as recorded in O.R. Book 2723, Page 2996, Public Records of Collier County, Florida. 1604 Fidelity National Title INSURANCE COMPANY POLICY FORM SCHEDULE B CONTINUED Policy No. 5332- 168257 File No. 02 -TC -3808 11. Sovereignty Submerged Lands Lease by and between Dolphin Cove Development of Goodland, Inc., a Florida Corporation and Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, as recorded in O.R. Book 2749, Page 2900, Public Records of Collier County, Florida. 12. Plat of Goodland Isles as recorded in Plat Book 6, Page 7, Public Records of Collier County, Florida and Goodland Isles First Addition as recorded in Plat Book 8, Page 1 and 2, Public Records of Collier County, Florida.. 13. 30 foot wide access easement as setforth on Deeds recorded in O.R. Book 736, Page 1058; O.R. Book 823, Page 556; O.R. Book 940, Page 1945, as corrected in O.R. Book 1252, Page 760; Dedication of Easement as recorded in O.R. Book 1146, Page 1932; all of the Public Records of Collier County, Florida. 14. Ordinance No. 75 -20, filed May 19, 1975 in O.R. Book 619, Page 1177 of the Public Records of Collier County, Florida, regulating the installation of any water distribution system and waste water collection system within a public right -of -way or easement. 15 Ordinance No. 75 -21, filed May 19, 1975 in O.R. Book 619, Page 1182 of the Public Records of Collier County, Florida, protecting certain trees within Collier County. 16 Ordinance No. 75 -24, filed May 19, 1975 in O.R. Book 619, Page 1191 of the Public Records of Collier County, Florida, regulating and restricting the creation, construction, alteration, etc. of buildings, locations, etc. 17 Resolution by the Board of County Commissioners Establishing the Immokalee Area Planning District and the Coastal Area Planning District as recorded in O.R. Book 649, Page 1239, Public Records of Collier County, Florida. 18 Collier County Ordinance No. 90 -30 referred to as the "Collier County Mandatory Solid Waste Collection and Disposal Ordinance ", as amended. 19 Riparian and Littoral Rights are not insured. 20 Title to the beds or bottoms of lakes, rivers or other bodies of water located on or within the property. OPR -L1 Fidelity National Title 1604 INSURANCE COMPANY POLICY FORM SCHEDULE B CONTINUED Policy No. 5332- 168257 File No. 02 -TC -3808 21 The nature, extent, or existence of riparian rights, if any, appurtenant to the insured land are neither guaranteed nor insured, and the riparian rights of others as the same may affect the said land, are hereby excepted. 22 Title to no portion of the insured land lying below the mean high water mark of any navigable water body is insured. 23 Said land appears to be filled in land and is subject to the rights of the United States by reason of its control over navigation and commerce, especially in time of war for use for navigation purposes and also rights reserved to the United States in the permit under which the land was filled in. OPR -L1 n Fidelity National Title I 6D4 INSURANCE COMPANY EXHIBIT "A" A parcel of land being a portion of Tract 1, as shown on but not a part of the plat of Goodland Isles Second Addition, as recorded in Plat Book 8, Page 19, of the Public Records of Collier County, Florida, more particularly described as follows: Beginning at the Southeasterly corner of Lot 33, Block F, of said Goodland Isles Second Addition; thence S 15'1 1'20"E 390.48 feet; thence S 72'15'19"E 128.00 feet; thence S 13'50' 44" E 180.00 feet to the southerly boundary line of said Tract 1; thence 28.70 feet along the arc of a circular curve concave to the northwest, radius of 100 feet; chord bearing N 51 ° 23'18 "E 28.60 feet; thence N 43'10'00" E 250.00 feet; thence N 12' 20'20" E 381.83 feet; thence 87.47 feet along the arc of a circular curve concave to the southwest, radius of 50.00 feet, chord bearing N 37 ° 46' 41.5" W 76.74 feet; thence N 87 ° 53'43" W 66.88 feet; thence 162.41 feet along the arc of a circular curve concave to the southeast, radius of 1365.08 feet, chord bearing S 88° 41'47" W 162.31 feet; thence S 85' 1717" W 201.52 feet; thence N 18' 12' 43" W 87.42 feet to the southerly right -of -way line of Palm Avenue; thence S 85° 17'17" W 10.28 feet; thence S 74° 49'12" W 60.08 feet to the northeast corner of said Lot 33, Block F; thence S IS' 12'43 " E 96.75 feet to the southeast corner of said Lot 33, Block F and place of beginning. OPR -L1 EXCLUSIONS FROM COVERAGE�,,w st excluded from the coverage of this policy and the Company will not pay loss or damn , C�Sfs, orr s' The following matters. are expressly fees or expenses which arise by reason of: 1. (a) Any law, ordinance orgovemmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (Ii) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (III) a separation In ownership or a Change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affeyctinjg the land has been recorded in the public records at Date of Policy. (b) defect, governmental or encumb encumbrance resulting from excluded violation oroalleged violat n affecting the andth s been recorded inethe public records fat Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occurred prior to Date of Policy which would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Pofic , but known to the insured claimant and not disclosed in writing to the Company by the Insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights law, that is based on: (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. DEFINITION OF TERMS The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge" or "known ": actual knowledge, not constructive know- ledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improve- ments affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways, but nothing herein shall modify or limit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, trust deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section I(a)(iv) of the Exclusions From Coverage, "public records" shall also include environmental protection liens filed in the records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. CONTINUATION OF INSURANCE AFTER CONVEYANCE OF TITLE The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the land, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. NOTICE OF CLAIM TO BE GIVEN BY INSURED CLAIMANT The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if titlg to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate with regard to the matter or matters forwhich prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. 4. DEFENSE AND PROSECUTION OF ACTIONS; DUTY OF INSURED CLAIMANT TO COOPERATE (a) Upon written request by the insured and subject to the options con- tained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its own choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) Whenever the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any action or proceeding, the insured shall secure to the Company the right to so prosecute or provide defense in the action or proceeding, and all appeals therein, and permit the Company to use, at its option the name of the insured for this purpose. Whenever requested by the Company the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or pro- ceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requirino such cooperation 5. FKUUF OF LOSS OR DAMAGE In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and swom tq by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reason- able times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspon- dence and memoranda in the custody or control of a third party, which reasonably, pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the above paragraph shall terminate any liability of the Company under this policy as to that claim. 6. OPTIONS TO PAY OR OTHERWISE SETTLE CLAIMS; TERMINATION OF LIABILITY In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy together with any costs, attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or.tender of payment and which the Company is obligated to pay. Upon the exercise by the Company of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), the Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute or continue any litigation. 7. DETERMINATION, EXTENT OF LIABILITY AND COINSURANCE This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) The Company will pay only those costs, attomeys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. APPORTIONMENT If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this pol' an sh n express statement or by an endorsement attached to thif po '9. LIMITATION OF LIABILITY „R, ':.,:% (a) If the Company establishes the title, or removes the alleged defect , Ren or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketabilityof title, all as insured, in a reasonably diliipent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or�with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. REDUCTION OF INSURANCE; REDUCTION OR TERMINATION OF LIABILITY All payments under this policy, except payments made for costs, attorneys' fees and expenses shall reduce the amount of the insurance pro tanto. 11. LIABILITY NONCUMULATIVE It is expressly understood that the amount of insurance under this policy shall be reducad by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, orwhich is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. PAYMENT OF LOSS (a) No payment shall be made without producing this policy for endorse- ment of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. SUBROGATION UPON PAYMENT OR SETTLEMENT (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obligors. The Company's right of subrogation against non - insured obligors shall exist and shall include, without limitation, the rights of the insured to indem- nities, guaranties, other policies of insurance or bonds, notwithstanding any terms or conditions contained in those instruments which provide for subro- gation rights by reason of this policy. 14. ARBITRATION Unless prohibited by applicable law, arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association may be demanded if aareed to by both the Comity and the insured. Arbitrable matters may include. but are not limited to. any controversy or claim between the ompany and the insured arising out of or relating to this policy. any service of the Company in connection with its issuance or the breach of a poli a provision or other obligation. Arbitration pursuant to this o�y and under the Rules in effect on the date the demand for arbitration is made or. at the option of the insured. the Rules in effect at Date of Policy shall be binding upon the parties The award may include attorneys fees only if the laws of the state in which the land is located permit a court to award attorneys_ fees to a prevailing oaa. Judgment upnn the award rendered by the ArNtrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules_ A copy of the Rules may be obtained from the Company upon request. 15. LIABILITY LIMITED TO THIS POLICY; POLICY ENTIRE CONTRACT (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the Presi- dent, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. lbpit 16. SEVERABILITY In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. NOTICES, WHERE SENT All notices required to be given the Company and any statement in writing re- quired to be furnished the Company shall include the number of this policy and shall be addressed to the Company at: 2 Park Avenue, New York, NY 10016 �c�is�' 7crbs��y�ti'., �7tc�t�c�i7ch' �7tcV��'7�9�c�t7ri!'s�G���r� -7� c+�st't� t� r r a+ z cfl CD Z CD > IIINII Z oil I o � e"'P. ('D 1Fn� Views from the center of the project site looking north and east Eli Views from the center of the project site looking south •:� v r V. �. fop '� ki }✓ � •� r' : S s ors ' .� A`gF'' ° a ^y S trJt•hJ�,r � � s '„d.. �4'' '� '� � .d� �. � � 1^�'�4�+ d� �,u e '� � . eK�aa �h �! °r3,r�'a".T S 4 g•f' E� '^v�.;Ej3, °947 a`�yy �a B x Views of the project site from the water 4ot P. ,.10 -i .: olpw. ^ w _ 1 i AN, .I ~ 'wa moll , m1l; im. Not Applicable it Not Applicable m m 0 a c N 0 C w (D m ccm c� 3 7 n TI m w. N CD 3 m O n c K O D w � C�11 U'I 0 0 0 0 0 1604 (n o n 0 o ro G .. (.] y!: m (D n < N Q1 y O co (D _..O m 7 (o 3 p w oN o < o m w ca w � w l < :M, n o D 2 C C a 0 a W<< w m w a cn C cc Ai N w C n (D (� CD S o ::> 7 g CD m 0 K -m 7 3 = g � ¢ o Q N J C p 0 2L d � Ul o N J fJl U1 (D• 7 �� w g ID to ? 3 (� Cl) 0) , y tp m < m Cl) cc C7 m D p 0o D S -n C7 37 N —I m Cn N 2 0 CL cn � 7 O � 7 w (g CCn N N 69 00 0 0 O U1 S 00 $ 0 0 0 P3 p g p 9 m -u 2 2 2 Cl) 2 . / \ + & / \ E / k i / ƒ \ D § f \ \ 0 \ \ \ D .a CL \ \ \ 7 \ 2 § \ \ � \ ƒ \ 0 0 ) \ \ \ k 0 {k ?7 _ \CD _+ \ » , L \ j §� CD .g ol m \ § 0 ; j \ \ ( 0 m \\ I/ \ 7 $ E 0 \ )ƒ ■ 0 ; M ƒ ; § \ \ / _ 0 § k � §CD \\ ƒ ƒ. § k #K \ \_ (D k /} \k m E \ \ e ; \\ £( 2 7 \ } 2 \ \ } 0 $ p R 2 =0 ƒ f \ \ \ / \ ) \ § E a' 2 2 ; CL $\ / I i / D \ 0 \ \ / cc {\ \ - 7 if i E / C\ i \ \ to § m i a= R@ 9 \m / } \ m \ / d // \ \ iE /\ \k -0 6f CD �k \� Zi &E \ / \k E£ \/ / \ \\ \! \{ _ § o E /\ \� \i90 $ \C M , CL Q) / -n E/ \ iii 2 / (D / �£{ f # ®I = @ 2 ƒ \ \Ew \ /0 § )\/ 2 F\ / E§ 0 k 'a �E I c E 0 § 3 9 ) / g ; k\ { z \ CL i 4�§ § § \ \ $e \ \_ £\ R e/ p ®Q o \ -C \} / �7 - 20=> T � o }) R. = $ Fr o- E § G / {. 0 -0 \ !2 g i ] E�R- 5M � \§ ©3 z= az C) ƒ { ( \ o m 2Q o = 22// CO 2 " e cn 2 §7=r E � co f \ \ Ca /\ } ƒ $ 2 z 7 \ m \ \ c k 16E4 MEMORANDUM Date: April 9, 2003 To: Jeff Walker, Director Risk Management Department From: Trish Morgan, Deputy Clerk Minutes & Records Department Re: Naples Physician Hospital Organization, Inc. Preferred Provider Payor Agreement Enclosed for your use, please find one (1) fully executed original document as referenced above, approved by the Board of County Commissioners on April 8, 2003, as Agenda Item #16E4. If you should have any questions, please feel free to call me at 774 -8406. Thank you. Enclosure NCHI Healthcare System Community Health Partner; NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. PREFERRED PROVIDER PAYOR AGREEMENT 16EAN his PREFERRED PROVIDER PAYOR AGREEMENT (the "Agreement ") effective as of the ay of JdyePi/W- , 200.;-, (the "Effective Date "), is entered into, and replaces all previous Agreements and Letters of Agreement, by and between Naples Physician Hospital Organization, Inc. d/b /a Community Health Partners ( "CHP ") and Board of County Commissioners Collier County, Florida, ( "Payor "). WITNESSETH: WHEREAS, Community Health Partners has as its primary objective arranging for the delivery or provision of certain health services through a cost effective, coordinated, and integrated health care delivery system. WHEREAS, Payor has adopted a self - insured employee benefit plan for the provision of health care benefits to Plan Members; WHEREAS, Payor, a self - insured employer, is ultimately responsible for payment of health care benefits in accordance with the terms and conditions of this Agreement; and WHEREAS, Payor desires to increase control over the cost of providing health care benefits to Plan Members and enters into this Agreement to arrange for CHP, through CHP Providers, to render Plan Benefits to Plan Members under Payor's various Benefit Programs. NOW, THEREFORE, for and in consideration of the mutual covenants contained in this Agreement, the parties agree as follows: ARTICLE I DEFINITIONS For purposes of this Agreement, the following terms shall have the meaning ascribed thereto: 1.1 Agreement. This Preferred Provider Payor Agreement. 1.2 Benefit Program. Payor's self insured employee benefit plans covered under this Agreement as listed on Schedule 1.2, as amended from time to time. 1.3 Clean Claim. A claim that the payor has not disputed in accordance with paragraph 5.2 of this agreement and has all required substantiating documentation similar to the information required to complete HCFA -1500 forms or UB -92 forms permitting timely payment on the claim. 1.4 Copayment. That portion of CHP Providers' charges, determined in accordance with this Agreement, for Plan Benefits to be paid by or on behalf of a Plan Member under a particular Benefit Program in excess of the Deductible required by Payor. Page 1 02/27/03 bE4 15 Deductible. That portion of the charges for Plan Benefits for which Payor has no otr; ieat ,' or, to pay or reimburse on behal f of Plan Members under a particular Benefit Program. 1.6 M_ edical Emergency. The sudden onset of a medical condition manifesting itself by acute symptoms of sufficient severity which, if not immediately diagnosed and treated, could reasonably be expected to result in serious physical impainnent to a bodily function, or serious and permanent dyslunction of any body, organ or body part, or to cause other serious medical consequences which include placing a Plan Member's health in permanent jeopardy. 1.7 CHP Hospital. Naples Community Hospital and North Collier Hospital which have contracted as independent contractors with CHP to provide certain Health Benefit Plan to Plan Members or Workers' Compensation Benefit Plan to Plan Employees. 1.8 CHP Physician. A physician who has contracted as au independent contractor with CHP and is listed by CHP as a Participating Provider in the electronic directory provided to the payor, as the same may be amended or updated from time to time. Changes to CHP Provider listing shall not require notice pursuant to Section 2.2. A physician who may participate in the Wo:kCare Program. 1.9 CHP Provider. A CHP Physician, CHP Hospital, and any licensed health care facility or professional, who or which has entered into a written agreement with CHP and is listed in CHP directory, as the same may be amended or updated from time to time upon notice to Payor. Changes to CHIP directory shall not require notice pursuant to Section 2.2. A Provider who may participate in the Workfare Program. 1.10 Plan Benefits. Those inpatient and outpatient services that are ordered for Plan Members by physicians and other licensed health care providers, covered under a Benefit Program, and within the scope of CHP Providers' service capabilities and this Agreement. 1.11 Plan Member. Any person who has elected to receive health care benefits from or tlu-ough Payor's Benefit Program and who is eligible to receive Plan Benefits under a Benefit Program included in this Agreement. ARTICLE II - PROVISION OF SERVICES 2.1 Payor Representations and Warranties. Payor represents and warrants that the terms of this Agreement do not conflict with any other agreements, whether written or oral, between Payor and any other third person or entity. For purposes of CHP Providers compliance with Rule 4 -153, Florida Administrative Code, Payor represents and warrants that its Benefit Programs are completely and fully self - insured, except for any reinsurance or similar form of stop -loss insurance, and that (I) no part or portion of any expenses incurred by a Plan Member are directly reimbursed to a Plan Member by a third party commercial insurer and (ii) no Plan Member is indemnified from and against the expense by a third party commercial insurer provided or arranged for by Payor. 2.2 Medical and Hospital Services. CHP Providers shall make available their usual and customary services to Plan Members in accordance with each CHP Provider's then current policies and procedures. CHP may increase or decrease the level and types of services made available under this Agreement; provided, however, CHP shall provide Payor with thirty (30) days, if possible, if not than with reasonable prior notice of any material reduction in services arranged by CHP. During the term of this Agreement there may be additions to or deletions from the listing of CHP Providers. Such changes Page 2 02/24/03 shall not be deemed a breach of this Agreement or cause for termination provided that such changes do not materially interfere with the ability of CHP to perform in accordance with the terms of this Agreement. 2.3 Medical Records. Each CHP Provider shall maintain medical records of Plan Members in accordance with applicable state and federal laws. All medical information concerning Plan Members is confidential and privileged. Medical information shall not be disclosed to any third party including Payor or its representatives without the duly executed consent of the affected Plan Member or his legally authorized representative, unless required to do so by law or by court order. Subject to a Plan Member or a Plan Member's legal representative consenting to the release and/or duplication of medical records, each CHP Provider shall permit, during normal business hours, the inspection and/or copying of a Plan Member's medical records including emergency room records. The party copying such records shall reimburse the CHP Provider its reasonable costs and charges incurred in providing copies of Plan Members' medical records. Nothing in this Agreement shall require a CHP Provider to provide access to any Plan Member's medical records in violation of applicable state or federal laws or regulations. 2.4 Grievances. Any complaints received by Payor or its claims administrator with respect to the provision of Plan Benefits by a CHP Provider shall be forwarded to CHP and shall be submitted for resolution in accordance with the CHP's then current patient grievance resolution procedures as the same may be in effect from time to time. 2.5 Force Majeure. Neither CHP nor any CHP Provider shall be liable nor deemed to be in default for any delay or failure in performance under this Agreement or other interruption of service or employment deemed resulting, directly or indirectly, from Acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, employee strikes or work interruptions, earthquakes, floods, hurricane, failure of transportation or any similar or dissimilar cause beyond the reasonable control of such party. ARTICLE III — BENEFIT PROGRAM and REQUIREMENTS 3.1 Benefit Program Requirements. Payor shall provide CHP copies of the rules, and benefit plan design, and other conditions to be followed by CHP Providers and Plan Members with respect to providing Plan Benefits under a particular Benefit Program. To the extent of any conflict between the terms of this Agreement and such policies the Plan Benefits shall govern if the Plan Benefits address the specific conflict and if not the terms of this Agreement shall govern provided, however that in no event shall this Agreement amend the Benefit Program. 3.2 Benefit Program Design. Payor shall include incentives for Plan Members to utilize the services of CHP Providers under the Benefit Programs included in this Agreement. These incentives shall at be a greater deductible or copay or decreased coinsurance rate of benefits for out of network provider services. There shall be a minimum 10% differential for in network vs out of network benefits. Page 3 02/24/03 p r ARTICLE IV - PLAN ADMINISTRATION 4.1 Eligibility Requirements. Payor shall define and determine all eligibility requirements for Plan Members. Payor shall be solely responsible for all costs and expenses associated with its Benefit Programs. 4.2 Employee Retirement Income Security Act of 1974 ( "E_RISA "). For purposes of ERISA and any other applicable state or federal laws, neither CHP nor any CHP Provider shall be deemed the "Administrator" or "Named Fiduciary" of any Benefit Program. Payor shall not seek to bar any CHP Provider from payment for Plan Benefits rendered to Plan Members based on any claims and defenses arising under ERISA or other similar state and federal laws. 4.3 Identification System. Payor shall implement and maintain an identification system established for the purpose of verifying the eligibility of Plan Members to receive Plan Benefits under the applicable Benefit Program and this Agreement. Such system shall include an identification card provided to each Plan Member that includes the following information: Payor's logo, Payor's name and phone number, phone number for eligibility verification, address for claims submission, phone number for inpatient pre - certification, if any, employer or group name, plan type and account number, and CHP logo. 4.4 Notification of Claims Payment Administrator. Upon execution of this Agreement, Payor shall provide CHP with written notification of its designated third party administrator, if any, and shall thereafter provide CHP with written advance notice ninety (90) days prior to any changes. 4.5 Dissemination of Information. CHP shall provide to Payor, at no charge, an electronic directory of CHP Provider information, to be provided quarterly, at a minimum. Upon request of Payor, CHP shall print and copy paper directories for the enrollees of the Payors benefit plan. Payor shall pay CHP $.50 per copy of paper directories. CHP shall maintain an updated website, at no charge, and provide the website address to the Payor for access to CHP Provider information. Payor shall prepare and distribute to all Plan Members information booklets, brochures, and other information describing the benefits of utilizing the services and items offered by and through CHP and each CHP Provider. CHP shall provide to Payor or Payor's designated claim administrator the demographic information for each CHP provider and will update Payor or Payor's designated claim administrator monthly of any changes to this information. Update provider information shall be sent to the Payor's claim administrator via email in excel or access format or via paper. 4.6 Sharing of Data. Payor shall provide or cause to be provided to CHP those reports and other information listed on Schedule 4.6 to permit CHP to assess the efficiency, effectiveness, and quality of services provided pursuant to this Agreement. 4.7 Network and Program Fees. Payor shall pay CHP the fees listed on Schedule 4.7 as compensation for CHP providing Payor access to and use of the CHP Participating Provider network and each CHP Program. Page 4 02/24/03 ARTICLE V - REIMB>URSEMENT 5.1 Compensation Rates. Each CHP Provider shall be compensated for Plan Benefits rendered to Plan Members pursuant to this Agreement, Schedule 5.1, as such, the. fee schedule may be amended by written mutual agreement from time to time. CHP shall notify Payor and Payor's claim administrator, in writing, of any charges to the fee .?chedjtle within sixty (6.0) days prior to implementation of the changes. Changes to the fee schedule shall not be deemed an amendment to the agreement requiring the consent of the Payor. Fee schedul,, rates determined by Current Resource Based Relative Value Scale for medical procedures and Health Care Financing Administration (HCPA) weights, for Hospital Diagnostic Relational Grouping (DRG), shall be adjusted annually according to national updating of the RBRVS and HCFA by the respective ITS Government agencies. 5.2 Claims Processing Procedures. CHP shall require each CHP Provider to provide Payor or Payor's designated representative with billing invoices and appropriate documentation of the services provided by such CHP Provider, Payor or it designated agent shall pay all Clean Claims (described below) within. thirty (30) days of receipt of each claim. For purposes of the Agreement, claims shall be deemed received by Payor three (3) days after the date of mailing by a CHP Provider to Payor or the designated agent and shall be deemed paid by Payor only upon actual receipt of funds by the CHP Provider. If additional information is required to pay a claim, Payor or its agent shall request the information in writing within thirty (30) days of receipt of the claim. 'In the event additional information is not requested in a timely manner a claim as submitted shall be deemed a Clean Claim. In the event Payor elects to audit a claim which is submitted for payment, Payor shall provide written notice of such audit to the CHP Provider and the CHP Provider shall be afforded the opportunity to participate in the audit process. All audits shall be completed within thirty (30) days. Failure of Payor or Payor's designated representative to comply with Section 5.2 shall result in the plan benefit payment to be determined from billed charges, no discount shall be applied nor will the of the CHP fee schedule be applied to the claim. 5.3 Physician Fees Excluded. Unless otherwise expressly provided for to the contrary in Schedule 5. 1, compensation and charges submitted by a CHP Hospital are exclusive of any fees incurred by or on behalf of a Plan Member for Plan Benefits rendered by a CHP Physician or other CHP Provider. With respect to a CHP Hospital all charges and related reimbursement are exclusive of any fees incurred by or on behalf of a Member for services rendered by anesthesiologists, radiologists, emergency room physicians, pathologists, or any other hospital -based physician. 5.4 Late Filed Claims. CHP Provider claims shall be filed within 120 days of the date of Plan Member's discharge or the date services were rendered; provided, however, no CHP Provider shall be denied payment based upon a failure to submit a claim within one year 5.5 Non - Liability for Payment. CHP shall not be liable for the payment of any claims relating to Plan Benefits or any other services rendered by any CHP Provider. CHP is neither implicitly nor explicitly the insurer, reinsurer, guarantor, indemnifier or underwriter of any Benefit Program or Payor's obligations to Plan Members. 5.6 Retroactive Denials. Payor shall not reduce any payment due, or assert a claim to any payment made including, without limitation, on the basis of medical necessity, to any CHP Provider for services rendered pursuant to this Agreement if Payor or its agent provided preauthorization approval for such services. Payor shall not arbitrarily or capriciously deny payment for services rendered by a CHP Page 5 02/24/03 I 6C4 Provider in accordance with the terms of this Agreement. Payor shall provide notification and an explanation in writing to the affected CHP Provider of any permitted denial of payment. In the absence of the required notification and explanation, the CHP Provider shall be entitled to seek payment directly from the Plan Member or other responsible person for the service rendered notwithstanding any other provision in this Agreement to the contrary. 5.7 Waiver of Copayments and Deductibles Prohibited. In the event a provider other than a CHP Provider or such other health care providers that are directly or indirectly under contract to Payor to render Plan Benefits to Plan Members ( "Non -Plan Provider ") renders services to an Plan Member and the Non -Plan Provider waives all or any portion of the applicable Copayment or Deductible, Payor shall calculate the benefits payable under the Benefit Program on the basis of the Non -Plan Provider's billed charges less the amount of the waived Deductible and/or Copayment [e.g. if the Non -Plan Provider's charge before the waiver is $100 and the waived amount is 20% then benefits would be paid on $80 and not $100 such that if benefits for Non -Plan Providers is 70/30 coverage, the amount Payor would pay to the Non -Plan Provider is ($80)(.70) =$56] 5.8 Assignment of Benefits/Balance Billing Prohibited. Except for the collection of Copayments and Deductibles and provided timely payment is made by Payor pursuant to and in accordance with the terms of this Agreement, CHP Providers shall not bill or attempt to collect from any Plan Member reimbursement for Plan Benefits rendered pursuant to this Agreement nor bill or attempt to collect the difference between the amount of reimbursement payable under this Agreement and the standard charges for the services rendered. This Section 5.8 shall not apply in the event Payor fails to make timely payment, or arbitrarily or capriciously denies payment, for services rendered. 5.9 Non -Plan Benefits. Nothing in this Agreement shall prohibit or limit the right of a CHP Provider to seek payment directly from a Plan Member or other responsible person for any services, which are not Covered Plan Benefits. 5.10 Member Payment Liability. To the extent permitted by law, CHP Providers shall not be precluded from billing Plan Members directly for services rendered in the event Payor does not make payment to the CHP Provider within thirty (30) days of submission of a Clean Claim, or immediately in the event of Payor's insolvency, bankruptcy, liquidation, or placement by governmental authorities under receivership or supervision. 5.11 Third Party Beneficiary Status. Each CHP Provider is intended to be a beneficiary of the provisions set forth in this Article V and shall have the right and standing to seek enforcement of the rights and benefits afforded each CHP Provider under this Article V. 5.12 Coordination of Benefits. In any case where a Plan Member has coverage from a third party payor (excluding Medicare and all other federal programs, as applicable) other than Payor which is primary to the coverage provided by Payor and the third party payer is billed by and makes payment to a CHP Provider for Plan Benefits rendered to the Plan Member, Payor shall pay the CHP Provider the difference between the amount paid by the primary payor less any applicable deductible set forth in the Plan Benefits and the compensation rates contained in Schedule 5.1. However, in the event Medicare is the primary payor, Payor shall pay to the CHP Provider the amount of any Deductible, Copayments, and Plan Benefits which are not benefits under Title XVIII of the Social Security Act, as amended, to the extent permitted by law. Page 6 02/24/03 E 4 5.13 Withhold. Payor agrees to allow administrative withhold applied to claim payments made to CHP Provider's. This administrative withhold shall be calculated from each claim payment being made to the CHP provider according to the benefit plan. Four point five percent (4.5 %) of the benefit plan payment shall be withheld from the CHP provider, withholds shall be accumulated monthly by the claim administrator and sent directly to CHP. CHP shall pay the payors' claim administrator a mutually agreed upon administration fee for administrating this withhold. The withhold percentage and the administration fee for administrating the withhold may be adjusted from time to time by CHP without amendment to this agreement. ARTICLE VI -TERM AND TERMINATION 6.1 Term. The initial term of the Agreement shall be for one (1) year, from to _ and shall automatically renew for successive one (1 ) year terms unless either party gives the other notice of it intention not to renew at least ninety ( 90 ) days prior to the annual anniversary of the Effective Date after the initial term of this Agreement. 6.2 Automatic Termination. This Agreement shall automatically terminate as of the effective date of termination of Payor's Benefit Programs if no other successor or substitute self - insured plan is adopted by Payor. This Agreement shall automatically terminate as of the effective date of termination of Payor's self insured benefit program. Payor shall provide CHP written notice no less than ninety (90) days prior to the effective date of termination of each Benefit Program covered under this Agreement. 6.3 Termination With Cause. If either party materially breaches this Agreement the "Non- Breaching Party" shall have the right to give the "Breaching Party" written notice of the alleged breach and the Breaching Party shall have thirty (30) days following receipt of such notice to cure the breach to the reasonable satisfaction of the Non - Breaching Party. If the breach is not cured to the reasonable satisfaction of the Non - Breaching Party within the thirty (30) day period the Non - Breaching Party shall have the right to immediately terminate this Agreement. 6.4 Obligations After Termination; Continuation of Care. Termination; Continuation of Care. Termination of the Agreement shall not affect the rights, obligations and liabilities of the parties arising out of transactions occurring prior to termination. Termination of this Agreement shall be without the consent of or notice to any Plan Member or any other third party. Upon the termination of this Agreement for any reason or cause, CHP Providers shall cooperate with Payor by taking reasonable and medically appropriate measures to assure the assumption of medical care and services to Plan Members then under the care or treatment of CHP Providers. Each CHP Provider shall be compensated for such care in accordance with the terms of this agreement. CHP Providers shall furnish any information and take any action including, without limitation, continuing to provide care, for up to thirty (30) days, as Payor may reasonably request in order to effectuate an orderly and systematic termination of CHP Providers' duties and activities under this Agreement and the transfer of patient care obligations. The obligations under this section shall survive the termination or expiration of this Agreement. ARTICLE VII - GENERAL PROVISIONS 7.1 Relationship of Parties. Payor and CHP acknowledge that CHP is an independent contractor. Page 7 02/24/03 6 E411 . 7.2 Recitals. Each of the recitals set forth above are true and correct and are incorporated into and made part of this Agreement by reference. 7.3 Limitation of Assignment. This Agreement shall not be assigned by either party without the prior express written consent of the other party. 7.4 Binding on Successors in Interest. To the extent permitted by this Agreement, the provisions of, and obligations arising under, this Agreement shall extend to, be binding upon, and inure to the benefit of the successors and assigns of CHP and Payor. 7.5 Severability; Changes in Law. If any part of this Agreement is determined to be invalid, illegal, inoperative or contrary to law or professional ethics, the part shall be reformed, if possible, to conform to law and ethics; the remaining parts of this Agreement shall be fully effective and operative to the extent reasonably possible. If any restriction contained in this Agreement is held by any court to be unenforceable and unreasonable, a lesser restriction shall be enforced in its place and the remaining restrictions shall be enforced independently of each other. 7.6 Conformance With Law. Each party agrees to carry out all activities undertaken by it pursuant to this Agreement in conformance of all applicable federal, Florida and local laws, rules and regulations. 7.7 Time of the Essence. Time shall be of the essence with respect to each and every term, covenant, and condition of this Agreement. 7.8 Attorney Fees. In the event of any action, dispute, litigation or other proceeding relating to or in connection with this Agreement, each party shall be responsible for their own fees, costs, and expenses of counsel incurred in connection with that action, dispute, litigation or other proceeding. 7.9 Entire Agreement/Amendments. This Agreement supersedes all previous contracts and constitutes the entire agreement between the parties relating to the subject matter of this Agreement. Oral statements or prior written materials not specifically incorporated in this Agreement shall not be of any force and effect. In entering into and executing this Agreement, the parties rely solely upon the representations and agreements contained in this Agreement and no others. Except as otherwise expressly provided in this Agreement to the contrary, no changes in or additions to this Agreement shall be recognized unless and until made in writing and signed by an authorized officer or agent of CHP and Payor. 7.10 Governing Law. This Agreement has been executed and delivered and shall be construed and enforced in accordance with the laws of the State of Florida excluding and without application of any choice of law principles except to the extent pre emptied by federal law. Any action brought by the parties whether at law or in equity shall be commenced and maintained and venue shall properly be in Collier County, Florida. The parties knowingly, intentionally and irrevocable waive any claim that any suit, action or proceeding brought in Collier County, Florida has been brought in an inconvenient forum. Each party further waives all rights to any trial by jury in all litigation relating to or arising out of this Agreement. 7.11 Waiver of Breach. No provision of this Agreement shall be deemed waived unless evidenced by a written document signed by an authorized officer or agent of CHP and Payor. The waiver by either party of a breach or violation of any provision of this Agreement shall not operate as, or Page 8 02/24/03 E4 be construed to be, a waiver of any subsequent breach of the same or other provision of this Agreement unless specifically provided for in the written instrument consenting to the waiver. 7.12 Paragraph and Other Headings. The section and other headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. 7.13 Gender and Number. When the context of this Agreement requires, the gender of all words shall include the masculine, feminine, and neuter, and the number of all words shall include the singular and plural. 7.14 Execution. This Agreement and any amendments may be executed in multiple originals, each counterpart shall be deemed an original, but all counterparts together shall constitute one and the same instrument. 7.15 Additional Assurances. The provisions of this Agreement are seT- operative and do not require further agreement by the parties; provided, however, at the request of either party, the other shall execute, except as otherwise provided in this Agreement, any additional instruments and take any additional acts as may be reasonably necessary to effectuate this Agreement. 7.16 Construction. This Agreement shall be construed without regard to any presumption or other rule requiring construction against the party causing this Agreement to be drafted. 7.17 Authori . Each signatory to this Agreement represents and warrants that he possesses all necessary capacity and authority to act for, sign, and bind the respective entity on whose behalf he is signing. 7.18 Notice. Any notice given pursuant or relating to this Agreement shall be given by United States mail, postage prepaid, certified or registered mail, return receipt requested, hand delivery, or overnight delivery, and delivered to the addressee at the following address unless otherwise changed in accordance with the provisions of this Section: To: Community Health Partners: To: Board of County Commissioners Collier County, 408 Goodlette Road South Florida: Naples, Florida 34102 3301 Tamiami Trail East Attn: Contracting Dept. Naples, FL 34112 7.19 Cumulative Remedies. Remedies provided for in this Agreement shall be in addition to and not in lieu of any other remedies available to either party and shall not be deemed waivers or substitutions for any action or remedy the parties may have under law or in equity. 7.20 Marketing and Promotion. Payor and CHP each reserve the right to and control of its name, symbols, trademarks, logos and service marks presently existing or established in the future. Payor may list each CHP Provider's name, address and telephone number and a description of its services in Payor's roster of participating providers. Payor agrees that CHP may use its name in any publication listing the names of managed care programs and health benefit plans with which CHP contracts. Except as provided in this Section, the use of any written promotional documents, publicity, media advertising, Page 9 02/24/03 1 6Etc 6 or any other materials for public disclosure carrying the name, trademark, service mark, or a pictorial likeness of either party shall require the prior written consent of the other party. 7.21 Confidentiality. Payor shall take all reasonable precautions to maintain the confidentiality of this Agreement and any related information provided to or discovered by Payor or its authorized representatives and shall not disclose this Agreement, the terms thereof, or such other information to any party other than a party directly involved in the transaction contemplated by this Agreement. 7.22 Coordination of Defense of Claims. Payor and C1IP shall promptly notify the other of any claims or demands asserted by third parties which arise under or related to this Agreement. The parties shall make all reasonable efforts, consistent with advice of counsel and the requirements of the respective insurance policies and carriers, to coordinate and assist in the defense of all claims in which the other party is either a named defendant or has a substantial possibility of being named. This Section shall survive termination or expiration of this Agreement. 7.23 Compliance with Laws and Regulation. Notwithstanding Sectioi 7.5, in the event any applicable federal, state, or local law or any regulation, order or policy issued under such law is changed (or any judicial interpretation thereof is developed or changed) in a way which will have a material adverse effect on the practical realization of the benefits anticipated by one or both parties to this Agreement, the adversely affected party shall notify the other party in writing of such change and the effect of the change. The parties shall enter into good faith negotiations to modify this Agreement to compensate for such change. If an agreement is not reached within 30 days of such written notice; the Agreement may be terminated by either party. Page 10 02/24/03 S,E 4 IN WITNESS WHEREOF, the parties have caused this Letter Agreement to be duly executed as of this day of , 2003. 0, ATTEST: w1gt F Brock, Clerk of Courts w%14 - V3 Dates: 4� iT./ �f�\ Seal: Approved as to form and legal suf cie cy: Assistant County Attorney (� Print Names Page 11 02/27/03 BOARD OF COUNT COMMI SIONERS COLLIER COUNTY, FLORID By:'' Tom Henning, Chairman Q -$ -03 NAPLES PHYSICIAN HOSPITAL ORGANIZATION, INC. d/b /a COMM ITY HALTI PARTNERS Allen VW s, .D., Co- Chairman David H. Greider, M.D., CORPORATE SEAL (Corporations only) SCHEDULE 1.2 DESCRIPTION OF BENEFIT PROGRAMS To be attached here. Page 12 02/24/03 E4 16 s. SCHEDULE, 1.8 CHP PROVIDERS Hospitals. Naples Coinmunity Hospital North Collier Hospital Physicians, Institutional and Ancillary Providers as indicated in the electronic listing provided to payor quarterly by CHP. Providers subject to change without amendment to this contract. Page 13 02/24,03 SCHEDULE 3.2 UTILIZATION REVIEW PROGRAM To be attached here. Page 14 02/24/03 E4 .1 ` E4 1 1 SCHEDULE 4.6 CHP PROVIDER DATA PREPARED BY PAYOR Report 1. Provider Claim and Utilization Data While the exact format outlined below is not required, the elements listed are required. Payor shall produce and send to CHP quarterly Provider Utilization Reports including the following information from claims submitted by CHP preferred providers and other providers: Provider Name Provider Tax ID Patient Date of Birth Patient Sex (M /F) Procedure Code (CPT) Dx Code (ICD9) Dx Code (ICD9) Dx Code (ICD9) Date of Service Charge Amount Primary Secondary Third Mm/dd/yy Negotiated Allowable Amount These reports should be sent on 3 1/2" diskette or via electronic mail in Microsoft EXCEL or ACCESS format. Please include the field layout legend and indicate if files have been "zipped ". Page 15 02/24/03 16E4 SCHEDULE 4.7 NETWORK ACCESS Payor shall pay Community Health Partners a Network Access in the amount of $1.50 per employee per month. The fee shall be received by Community Health Partners by the 20th of each month. Fees to be disbursed to: Community Health Partners 408 Goodlette Road S. Naples, FL 34102 Page 16 02/24/03 16E4 .If= Schedule 5.1 Compensation Rates COMMUNITY HEALTH PARTNERS FEE SCHEDULE For BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA The prices quoted are based on the assumption that Community Health Partners network providers are the designated Preferred Providers. It is assumed, therefore, that the employer's deductible and co- payment portion of its plan is established to cover medical costs at the highest level for care within the network and at the lowest level for any covered care that is available but is not utilized within this Preferred Provider Network. The confidential prices of the parties within Community Health Partners, collective agreements are as follows: I. For Beneficiaries of Health and Welfare Payors A. Subject to the terms of this agreement, Community Health Partners shall accept as payment in full for inpatient covered services the charges identified below: A.1 NAPLES COMMUNITY HOSPITAL / NORTH COLLIER HOSPITAL INPATIENT SERVICES Type of Service Pricing Adult or Child Service DRG $7000.00 per HCFA weight Adult or Child Rehabilitation Service DRG $7000.00 per HCFA weight Obstetrics Adult or Child Services DRG $7000.00 per HCFA weight INPATIENT HOSPTIAL DRG PRICING Per Case Rate $7000.00 per HCFA weight For DRG pricing that exceeds above the billed charges, billed charges will be the method of reimbursement. *DRG weights will be determined yearly by HCFA. INPATIENT HOSPITAL STOP LOSS: For individual admissions for which billed charges exceed $50,000, DRG per case rates will apply up to the first $50,000.00 of billed charges; then the balance of the charges (above $50,000) will be discounted 75% of billed amount for reimbursement. When the DRG allowance exceeds $50,000.00 the Stop Loss provision does not apply. Page 17 02/24/03 16E4 OUTPATIENT HOSPITAL and EMERGENCY ROOM 15% Discount from billed charges. OUTPATIENT SERVICES — NON HOSPITAL. SPECIAL PRICING: HOME NURSING SERVICES 15% Discount of Billed Charges for Home Nursing Services. See Infusion Therapy for Special Infusion Therapy pricing. DAY SURGERY FACILITY (does not include Surgeon fees) 15% Discount from billed charges. LABORATORY AND DIAGNOSTIC SERVICES includes MRI, CT, PET, etc. Pricing based on the Physicians fee schedule per Procedure Code (CPT). Non listed procedures 20% discount from billed charges. (80% of billed charges) OUTPATIENT PHYSICAL REHABILITATION (Includes Speech, Physical and Occupational Thera Pricing based on the Physicians fee schedule per Procedure Code (CPT). Non listed procedures 20% discount from billed charges. (80% of billed charges) PHYSICIAN FEE SCHEDULE Physicians fee schedule is 115% of current RBRVS. Non listed procedures 20% discount from billed charges. (80% of billed charges) CHIROPRACTOR FEE SCHEDULE Pricing based on the Physicians fee schedule per Procedure Code (CPT). Non listed procedures 20% discount from billed charges. (80% of billed charges) Page 18 02/24/03 i(:E4 DURABLE MEDICAL QUIPMENT (DME DME fee schedule is 115% of current RBRVS. Non - Listed procedures 30% discount from billed charges. (70% of billed charges) ANESTHESIA AND ASSISTANT SURGERY Anesthesia Pricing Based on the most current Relative Value Base Weight Unit of anesthesia procedure, established by the American Society Association of Anesthesiologists. $45.00 per 15 minute unit. Formula as follows: Base Unit + time x $45.00 = allowance. Assistant Surgeon Pricing Modifier 80 = 20% of max. Surgical allowance Modifier 81 = 10% of max. Surgical allowance Modifier 82 = 20% of max. Surgical allowance Page 19 02/24/03 16E4 HOME INFUSION THERAPY: HOME INFUSION THERAPY Per Diem Pricing* TPN 1 liter $ 140.00 TPN 2 liter $ 165.00 TPN 3 liter $ 195.00 Antibiotics $ 75.00 + AWP Additional Antibiotics $ 40.00 + AWP Chemotherapy $ 70.00 + AWP Steroids $ 70.00 + AWP Hydration 1 liter $ 55.00 + AWP Hydration 2 liter $ 65.00 + AWP Hydration 3 liter $ 75.00 + AWP Pain Management (IV, SQ) $ 75.00 + AWP Pain Management (Epidural) $ 90.00 + AWP Enteral Nutrition $ 17.00 + AWP Pentamidine Aerosolized $ 90.00 + AWP Pentamidine IV $ 75.00 + AWP Human Growth Hormone $ 25.00 /shipment + AWP Hematopietics (Neupogen, Procrit) $ 25.00 /shipment + AWP Desferal $ 80.00 + AWP Heparin $ 65.00 + AWP IVIG $ 70.00 + AWP Dobutamine $ 75.00 + AWP Prolastin $ 75.00 + AWP Catheter Care $ 8.00 per day Infusion Nursing Visit $ 65.00 Infusion Nursing Hour $ 35.00 Multiple Therapy Payments I " /2 °d /3rd 100/70/50/50 % of contract Trer liiem mctuctes medication charged at AWY, pharmacy compounding fees, ancillary medical supplies, equipment rental, medication and supply home delivery, JCAHO accredited clinical pharmacy. Unlisted Infusion Therapies — 60% of Usual and Customary (U &C) B. For Any Covered Services not addressed above, subject to the terms of the agreement, the Hospital and other network Ancillary Facilities shall accept as payment in full for inpatient and outpatient Covered Services an amount equal to 85% of its published billed charges. Page 20 02/24/03 16E7 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17,2003 LICENSE AGREEMENT ATC Contract No: ATC SITE NAME/ NUMBER: Corckscrew, FV22910 CUSTOMER SITE NAME/ NUMBER: Big Corkscrew Fire 16E8 This LICENSE AGREEMENT ( "Agreement ") made this Z7 day of / y�zG /12003, ( "Effective Date ") by and between American Tower, L.P., a Delaware limited partnership, with a place of business at 10 Presidential Way, Woburn, MA 01801 ( "Licensor") and Collier County, Florida with a place of business at 3301 Tamiami Trail East, Naples, FL 34112 ( "Licensee "). The attached Terms and Conditions are incorporated herein by this reference. TOWER SITE INFORMATION: Site Name: Corkscrew Site Number: 22910 Address and /or location of Tower Site: 13240 Immokalee Road, Collier County, Naples, FL 34120 Coordinates: Lat. 26-16-31.61 N Long. 81- 35- 35.47W NOTICE & EMERGENCY CONTACTS: • Licensee's local emergency contact (name and number): John Daly /239- 982 -0638. • Licensoe's local emergency contact (name and number): Network Operations Communications Center (800) 830 -3365. • Notices to Licensee shall be sent to the address above to the attention of Information Technology, John Daly. • Notices to Licensor shall be sent to the address above to the attention of Contracts Manager. APPROVED USE OF TOWER SITE BY LICENSEE: Transmitting frequencies: 855- 860MHz & 6525 -6875 MHz Receiving frequencies: 855 -860 MHz & 6525 -6875 MHz Antenna mount height on tower: 175' & 195' ft. AGL (See Exhibit A for specific location description) All other permitted use of the Tower Site including, without limitation, Licensee's Approved Equipment (as defined in Section 1 herein), frequencies, channels and the identification and location of the Licensed Premises (as defined in Section 1 herein) at the Tower Site are described in Exhibits A and B, are incorporated herein by reference and made a part hereof. FEES & TERM The "Monthly License Fee" shall be Two Thousand Sixty Four and No /100 Dollars ($2,064.00), adjusted on July 1, 2003 and on each July 1s' thereafter during the Initial Term and during any Renewal Terms by the "Annual Escalator". If the Commencement Date is earlier than July 1, 2003, then the Annual Escalator adjustment made to the Monthly License Fee on July 1, 2003 shall be pro -rated for each full calendar month between the Commencement Date and July 1, 2003. The Annual Escalator shall be five percent (5 %) per year. The "Site Inspection Fee" shall be: One Thousand Five Hundred Dollars ($1,500.00), as adjusted annually by a percentage rate increase equal to the Annual Escalator. Initial Term: The "Initial Term" of this Agreement shall be for a period of five (5) years beginning on the Commencement Date. Subject to Section 1, the "Commencement Date" shall be defined as the earlier of: (i) the commencement of installation or construction of any improvements by Licensee at the Tower Site; or (ii) May 30, 2003. Renewal Terms: The "Renewal Terms" of this Agreement shall be three (3) additional periods of five (5) years each. Electricity for operation of Approved Equipment is to be provided by (check one): ❑ Licensor at the monthly rate of $ , adjusted annually by the Annual Escalator and subject to Sections 3 & 5 OR ❑ Licensor, with such being included in the Monthly License Fee and subject to Sections 3 & 5, OR ® Licensee, at its sole expense. OTHER PROVISIONS: Other provisions: (check one): ❑ None ® As listed below a. Notwithstanding anything to the contrary in this Agreement, the offer to Licensee expressed in this Agreement shall automatically become null and void with no further obligation by either party hereto if a structural analysis of the Tower Site completed after the execution of this Agreement by Licensor but before the Commencement Date of the installation of Licensee's Additional Equipment indicates that the Tower Site is not suitable for Licensee's Additional Equipment unless Licensor and Licensee mutually agree that structural modifications or repairs shall be made to the Tower Site on mutually agreeable terms. b. SSIS shall be a fee of One Thousand Five Hundred Dollars ($1,500.00) pursuant to Section 9 below. c. Licensor and Licensee agree and acknowledge that this Agreement is contingent upon a satisfactory SSIS. ATC SITE NAME / NUMBER: Corckscrew, FU22910 CUSTOMER SITE NAME/ NUMBER: Big Corkscrew Fire IN WITNESS WHEREOF, the Parties, each in consideration of the mutual covenants contained herein, and for other good and valuable consideration, intending to be legally bound, have caused this Agreement to be executed by their duly authorized representatives as of the Effective Date first above - written; provided, however, that this Agreement II t become effective as to either Party until executed by both Parties. ER AS TO THE LICE OR: American Tower, L.P., a Delaware limited partnership DATED: Z - - UT By: ATC GP, Inc., its sole general partner By: Witness (sign ure) Print Name: 06ie0itchell t Title: Vic yes• nt JY,4-Nit// 5 / C6fEA 6'f_51 (print name) Witn s (signature) (print name) AS TO THE LICENSEE: BOARD OF UNTY C ISSIONERS, DATED: Z-o3 COLLIE g NTY, F A ATTEST- ",;..,. By: DWIG,4T'E'.$1 'CEO; Clerk Tom Henning, Chairman Deputy Clerk \ A BSt to Chairman ' $ ".gr>f►ture only. Apprd as•to.form. rd legal sufficiency: Thomas C. Pal er Assistant County Attorney ATC SITE NAME/ NUMBER: Corckscrew, FU22910 CUSTOMER SITE NAME/ NUMBER: Big Corkscrew Fire TERMS AND CONDITIONS 16E8 GRANT OF LICENSE. Licensor hereby agrees to license to Licensee space for the housing, installation and operation of the communications equipment specifically described in Exhibit A attached hereto ( "Approved Equipment ") with the location of such Approved Equipment being more specifically described in Exhibits A and B ( "Licensed Premises ") at the communications tower, antenna structure or rooftop facility described in the Tower Site Information section on page 1 ( "Tower Site "). All Approved Equipment shall be and remain Licensee's personal property. Licensor shall maintain the communication facility located on the Tower Site in good condition and in a manner which will not disturb Licensee's reasonable use of the Licensed Premises. Licensee shall also have a right to: (i) install and maintain wires, cables, conduits and pipes either within, over, under or along the Tower Site; and (ii) to use any specific right of way for access to the Tower Site, each at locations mutually agreed upon by Licensor and Licensee. In the event any public utility is unable to use the existing right -of -way, Licensor agrees to grant an additional right -of -way at the Tower Site either to Licensee or to the public utility at no cost to Licensee to the extent permitted under the Ground Lease at a location acceptable to the Licensor. Subject to Section 15 herein, Licensee shall be solely and directly responsible for any and all property damage that results from the installation of any cables or utility wires by Licensee or any company or person retained by Licensee, including, without limitation, any property damage that results from the accidental cutting of utility wires or cables of any other party operating at the Tower Site. Licensee shall notify Licensor no less than five (5) days prior to the date upon which Licensee intends to commence any construction or installation at the Tower Site, together with a construction schedule, so as to provide Licensor with an opportunity to be present during any such installation or construction. In addition to the foregoing, Licensee shall notify Licensor of the actual date of Licensee's commencement of any installation or construction at the Tower Site no more than five (5) days following such commencement, and with such notice in writing in the form of the notice attached hereto as Exhibit D. In the event that Licensee fails to provide such written notice the date of such commencement for the purposes of the determination of the Commencement Date of this Agreement, then the Commencement Date shall be deemed to be the Effective Date. Licensee's right to cure under this Agreement shall not be applicable to a failure to deliver timely written notice of such commencement notice. Licensor shall provide Licensee with one set of keys and /or codes to access the Tower Site so that Licensee shall have the right of access to the Licensed Premises 24 hours per day, 7 days per week, to the extent permitted under the Ground Lease. Licensee shall be responsible for ensuring that Licensor has, at all times, a complete and accurate written list of all employees and agents of Licensee who have been provided the access codes to the Tower Site. EXHIBITS. Within forty-five (45) days following the commencement of the installation of the Approved Equipment, Licensee shall provide Licensor with as -built drawings or construction drawings of the Approved Equipment as installed in both hard copy and electronic form ( "Construction Drawings "), such Construction Drawings shall include the location of any shelters, cabinets, grounding rings, cables, and utility lines associated with Licensee's use of the Tower Site. Upon receipt, Licensor shall insert hereto the Construction Drawings as Exhibit C. In the event that Licensee fails to deliver the Construction Drawings as required by this section, Licensor may cause such Construction Drawings to be prepared on behalf of Licensee and Licensor shall assess a fee for such Construction Drawings of cost, including in- house labor, plus twenty percent (20 %), which upon invoice shall become immediately due and payable. In the event of inconsistency or discrepancy between (a) Exhibit A and Exhibit B hereto, Exhibit A shall govern, and (b) between Exhibit A (with respect to Approved Equipment and antenna locations) together with Exhibit B (with respect to ground space installation locations) and Exhibit C hereto, Exhibits A and B shall govern, notwithstanding any approval or signature by Licensor or its employees. Any such inconsistency or discrepancy between Exhibits A. B and C as set forth in the foregoing sentence shall be deemed a material default by Licensee hereunder. 3. LICENSE FEES; TAXES; ASSESSMENTS. The Monthly License Fee, as adjusted by the applicable Annual Escalator, shall be payable in advance on the first day of each calendar month beginning upon the Commencement Date. If the Commencement Date is not the first day of a calendar month, the Monthly License Fee for the first partial month shall be prorated on a daily basis. The Monthly License Fee for any last partial month in the term of this Agreement shall also be prorated on a daily basis. Licensee shall be solely responsible for all utility charges directly attributable to the Approved Equipment, except as otherwise provided on page 1 of this Agreement. Licensor shall be responsible for the payment of its pro rata share of any applicable taxes or governmental assessments against the Tower Site or Licensee's personal property and improvements thereon owned and maintained by Licensor. Licensee shall be responsible for the payment of any applicable taxes, fees or governmental assessments against any equipment, personal property and /or improvements owned, leased or operated by Licensee or directly associated with Licensee's use of the Licensed Premises. Licensee agrees to pay or reimburse Licensor for any and all taxes, fees, or other costs and expenses assessed upon or paid by Licensor to the United States Forest Service or Bureau of Land Management attributable to Licensee's Approved Equipment, Licensee's use of or Licensee's presence at the Tower Site. All payments due under this Agreement shall be made to Licensor at the address listed on page 1 or such other address as Licensor may notify Licensee of in writing and/or upon such invoice. All payments due under this Agreement shall be rounded up to the nearest whole dollar amount. The CPI means the Consumer Price Index for All Urban Consumers, U.S. City Average (1982- 1984 =100), as published by the United States Department of Labor, Bureau of Labor Statistics. If the Index is discontinued or revised, such other government index or computation with which it is replaced shall be used in order to obtain substantially the same result as if the Index had not been discontinued or revised. ATC SITE NAME / NUMBER: Corckscrew, FU 10 CUSTOMER SITE NAME/ NUMBER: Big Corkscrewwir 11 4. TERM. The Initial Term of this Agreement shall be as specified on page 1. This Agreement shall automatically be renewed for the Renewal Terms, if any, also stated on page 1 unless either Party gives to the other one hundred eighty (180) days written notice of termination prior to the expiration of the then - current term. Upon expiration, cancellation or termination of this Agreement for any reason, Licensee shall: (i) remove the Approved Equipment and any other property of Licensee from the Licensed Premises at Licensee's sole risk, cost, and expense; (ii) deliver the Licensed Premises in substantially the same and in as good a condition as received (ordinary wear and tear excepted); and (iii) repair any property damage caused by the removal of the Approved Equipment within 10 days of the occurrence of such damage. In the event that Licensor's right to license space to Licensee at the Tower Site is subject to a right of first refusal for the benefit of a third party or consent from the underlying lessor of the Ground Lease, Licensor shall reserve the right to terminate this Agreement in the event that such third party fails to refuse, consent or waive (or is deemed to have refused or waived) such right or consent. 5. COMMON EXPENSES; UTILITIES. Licensee shall reimburse Licensor for Licensee's pro -rata share of costs and expenses incurred by Licensor for the maintenance, repair and replacement of common facilities at the Tower Site including, without limitation, damage to fences, gates, access roads, and the tower structure. Notwithstanding the foregoing, the cost and expenses associated with any damage which is directly attributable to the acts or omissions of Licensee or Licensee's contractors shall be borne solely by Licensee. Licensee shall not be required to pay any share of costs or expenses incurred to replace the tower structure. In the event that Licensee also licenses space within a building or shelter owned by the Licensor on the Tower Site, Licensee shall also reimburse Licensor for its pro -rata share of all common expenses incurred for the operation, maintenance, repair and replacement associated with such building or shelter, including, without limitation, the physical structure of the building, HVAC system, and common utility expenses. In the event that Licensee is connected to a generator or back -up power supply owned by the Licensor, Licensee shall also reimburse Licensor for its pro -rata share of all expenses incurred for the operation, maintenance, repair and replacement associated with such generator, including, without limitation, fuel expenses and replacement. For the purposes of this section, a "pro -rata share" of costs and expenses shall be determined based on the number of licensees using the Tower Site on the first day of the month in which an invoice is mailed to Licensee. Licensee shall reimburse Licensor for common expenses within thirty (30) days following receipt of an invoice from Licensor. Licensor and/or Licensee shall be responsible for the utility costs associated with the operation of Licensee's Approved equipment as set forth on page 1; provided, however, that (a) in no event shall Licensor provide Licensee with telephone service; and (b) in the event that Licensor provides access to electricity or utilities to Licensee for a fixed fee or inclusive in the Monthly License Fee, Licensor reserves the right to reasonably increase such fees based on any change in equipment or increased power requirements by Licensee. INSTALLATION BY LICENSOR. Licensee shall submit to Licensor its scope of work requirements for the installation of its Approved Equipment within ten (10) business days following the Effective Date and within a reasonable period of time prior to any planned subsequent modification to or installation of additional Approved Equipment (but in no event less than fifteen (15) business days). Unless Licensor otherwise notifies Licensee, Licensor shall install or shall cause the installation of the Approved Equipment at the standard market rate for such services (by experienced antenna system installers and excluding any discounts which may be offered or are available from time to time). The Parties agree to diligently and in good faith negotiate a construction contract to install the Approved Equipment. If the Parties fail to agree upon the terms and conditions of the construction contract, they shall select an appraiser to resolve any disputes in accordance with common industry practice. Both Parties agree to be bound by the appraiser's decision. 7. SITE INSPECTION. Not less than ten (10) days prior to the initial installation by Licensee of the Approved Equipment or before the date of any subsequent modifications to or installation of additional Approved Equipment, Licensee shall pay Licensor the Site Inspection Fee. In the event that Licensor installs Licensee's Approved Equipment, Licensor shall waive the Site Inspection Fee with respect to such installation. LABELING. Licensee shall identify its equipment and equipment cabinets (unless such cabinet is located in a building owned by Licensee) with labels permanently affixed thereto and stating Licensee's name, contact phone number, and installation date. Licensee's coaxial cables shall be labeled at both the top and bottom of the tower structure. Should Licensee fail to so identify its equipment, Licensor may, in its sole discretion, interrupt Licensee's operations at the Tower Site and shall constitute a default of this Agreement. In addition, should Licensee fail to label its equipment as required by this section, Licensor may label Licensee's equipment and assess against Licensee a fee of Seven Hundred Fifty and No /100 Dollars ($750.00), as adjusted annually by a percentage rate increase equal to the Annual Escalator, which upon invoice shall become immediately due and payable. WORK; ALTERATIONS; STRUCTURAL ANALYSIS & MODIFICATIONS. Licensee agrees that all of Licensee's property to be installed upon the Tower Site and all frequencies utilized by Licensee pursuant to this Agreement will be in exact accordance with that specified in Exhibit A attached hereto. Licensee shall submit to Licensor detailed plans and specifications accurately describing all aspects of the proposed work to be performed including, without limitation, weight and wind load requirements and power supply requirements and evidence that Licensee has obtained all approvals, permits and consents required by, and has otherwise complied with, all legal requirements applicable to the performance of the Work. Licensee agrees that it will not make any alterations or additions to the Approved Equipment without the prior written consent of Licensor in each case obtained. An amendment to Exhibit A to this Agreement shall be prepared to reflect each addition or modification to Licensee's equipment from time to time to which Licensor has A 4 ATC SITE NAME / NUMBER: Corckscrew, F 291 CUSTOMER SITE NAME/ NUMBER: Big Corkscr F. E8 given its written consent. Any and all work at the Tower Site shall be performed in accordance with the foregoing standards and by qualified contractors approved of in advance by Licensor (which approval of contractors shall not be unreasonably withheld, except as otherwise provided in the following sentence). Licensor reserves the right, in its sole discretion, to refuse to permit any person or company to climb any tower structure at the Tower Site. Such contractors shall have valid and current worker's compensation and general liability insurance certificates on file with Licensor, naming Licensor as an additional insured and which otherwise satisfy the insurance coverage requirements described in Section 14 of this Agreement. Subject to Section 768.28.F.S., Licensee shall indemnify, defend and hold harmless Licensor from and against any and all costs, claims, causes of action and liabilities of every nature and kind arising out of the acts and omissions of Licensee, its employees and agents or Licensee's contractors or subcontractors. At its sole election, Licensor may, in its sole but reasonable judgment, perform or cause to be performed a structural analysis to determine the availability of capacity at the Tower Site for the modification and /or additional equipment at the Licensed Premises by Licensee. Nothing herein shall prevent Licensee from performing such analysis for its own account; provided, however, that Licensor shall approve such vendor in Licensor's sole discretion and Licensee shall provide a complete copy of any structural analysis that it performs to Licensor at no cost to Licensor no more than thirty (30) days following the completion of that analysis. If Licensor performs such an analysis or causes one to be performed, Licensee agrees promptly to reimburse Licensor for all reasonable costs and expenses incurred by Licensor or Licensor's vendor in the performance of such structural analysis within sixty (60) days following receipt of an invoice from Licensor. In the event a structural analysis is performed after the execution of this Agreement by Licensor but prior to the installation of Licensee's Approved Equipment, and such analysis indicates that the existing tower structure can not structurally accommodate the proposed installation of Licensee's Approved Equipment thereon, Licensor or Licensee may terminate this Agreement upon written notice at any time prior to the commencement of Licensee's installation. With respect to any permitted structural modifications to the Tower or upgrade of utilities by Licensee that are approved by Licensor, Licensor reserves the right to simultaneously upgrade the tower structure or utilities in excess of the modification required to accommodate Licensee's Approved Equipment in order to increase capacity ( "Excess Upgrade "); provided, however, that Licensor shall be solely responsible for the costs associated with such Excess Upgrade. Prior to the Commencement Date and /or prior to any Licensee - requested installation or modification Licensor may elect to perform a shared site interference study ( "SSIS ") and Licensee shall pay Licensor a fee of One Thousand Five Hundred and No /!00 Dollars ($1,500) per study, as adjusted annually by a percentage rate equal to the Annual Escalator. This fee shall be payable at the time of Licensee's application or immediately upon a determination by Licensor that a SSIS is required. Licensor's performance of the SSIS shall in no way constitute a warranty or representation from Licensor that Licensee's proposed operations from the Tower Site will not suffer or cause interference with other users, but shall merely be a customary report intended to assist in the prevention of potential interference. 10. RF INTERFERENCE. (a) Interference with a Pre- Existing Use. Licensee's use of the Tower Site and its operation of all of its Approved Equipment thereon (including any subsequent modification or alteration thereto) shall be conducted in a manner that does not interfere electrically, or in any other manner whatsoever with any then pre- existing use of the Tower Site by Licensor or other users of the Tower Site ( "Pre- Existing Use "). In the event that any Pre - Existing Use experiences interference caused by Licensee or Licensee's Approved Equipment (including any subsequent modification or alteration thereto), Licensee shall be notified in writing of such interference and Licensee shall power down its equipment and /or cease operations in order to correct and eliminate such interference within seventy -two (72) hours after Licensee's receipt of such notice. If Licensee does not cease all interfering operation within such seventy - two (72) hour period, Licensor shall have the right to disconnect Licensee's Equipment until such time as Licensee can affect repairs to the interfering Approved Equipment. If Licensee is unable to eliminate the interference, or reduce it to a level acceptable to the affected user of the Pre - Existing Use, within a period of thirty (30) days following such initial notice (provided that during such 30 day period, Licensee may operate its equipment intermittently during off -peak hours for testing purposes only), then Licensor may, in addition to any other rights it may have for Licensee's breach hereof, terminate this Agreement. In the event that Licensee is notified of any interference experienced by a Pre - Existing Use on the Tower Site alleged to be caused by Licensee's operations thereon, Licensee shall be obligated to perform whatever actions are necessary, at Licensee's sole cost and expense, to eliminate such interference and shall not be released from its obligation to continue to pay the Monthly Licensee Fee during any period that Licensee can not operate from the Tower Site pursuant to this Section 10. (b) Interference by a Subsequent Use. Licensor agrees that Licensor and Licensor's customers' use of the Tower Site whose equipment is installed or modified subsequent to the Licensee's then - current operation of Licensee's Approved Equipment thereon ( "Subsequent Use ") shall not, interfere with Licensee's then - current permitted operations. In the event that Licensee experiences interference caused by any Subsequent Use, Licensee shall notify Licensor in writing of such interference and Licensor shall, or shall cause the operator of the interfering Subsequent Use, to power down its equipment and /or cease operations in order to correct and eliminate such interference within seventy -two (72) hours after Licensor's receipt of such notice. If such Subsequent Use is unable to operate without causing such interference, or if such interference is not reduced to a level acceptable to Licensee, within a period of thirty (30) days (provided that during such 30 day period the Subsequent Use may be operated intermittently during off -peak hours for testing purposes only), then Licensee may, in addition to any other rights it may have for Licensor's breach hereof, terminate this Agreement. In the event that Licensor is notified of any interference experienced by Licensee alleged to be caused by a Subsequent Use on the Tower Site, Licensor shall be obligated to perform (or cause to be performed) 5 ATC SITE NAME / NUMBER: Corckscrew, 29 CUSTOMER SITE NAME/ NUMBER: Big Corks It c w whatever actions are commercially reasonable and necessary, at no cost or expense to Licensee, to eliminate such interference. (c) Interference with Lighting and Building Systems and Building Tenants. In no event shall Licensee's use of the Tower Site or operation of any of its equipment thereon be conducted in a manner that interferes with Licensor's lighting system located on any of the towers, building systems, or, in the event that Licensee's equipment is installed on the rooftop of a building, with equipment of any kind used by building tenants who are not tenants of the Licensor. (d) No Illegal, Unpermitted Use or Unlicensed Frequency Protection. Notwithstanding anything to the contrary herein, Licensee shall not illegally transmit on any frequency, transmit on a channel or frequency not specified in Exhibit A attached hereto, operate at variance from the specifications in its FCC license or the FCC's rules governing Licensee's operation of its Approved Equipment, and Licensor shall not provide any protection to Licensee from interference from parties who are not Licensor's tenants at the Tower Site. Nothing in this Section 10 shall be deemed or interpreted to provide any protection to Licensee from any form of interference from any person in the event that Licensee is operating on any unlicensed frequency spectrum or pursuant to FCC Part 15. 11. SITE RULES AND REGULATIONS. Licensee agrees to comply with the reasonable rules and regulations established from time to time at the Tower Site by Licensor in its discretion, which may be modified by Licensor from time to time upon receipt by Licensee of such revised rules and regulations or in accordance with Licensor's obligations under the Ground Lease. Such rules and regulations will not unreasonably interfere with Licensee's normal business operations. 12. CASUALTY; CONDEMNATION. For purposes of this Agreement it shall be deemed a Casualty Event, if the Licensed Premises or the Tower Site is destroyed or condemned, in whole or part, whether by eminent domain or otherwise. In the event that the Licensed Premises or the Tower Site is wholly destroyed or condemned, whether by eminent domain or otherwise, this Agreement shall terminate without further liability to either Party except for payment of the Monthly License Fees due up to the time of non -use by Licensee in case of such destruction or condemnation. If the Licensed Premises are partially destroyed or condemned and are usable by Licensee for its purposes, then Licensor shall, within one hundred and twenty (120) days (which shall be extended for any delays directly caused by governmental action or inaction), repair the Licensed Premises or the Tower Site with a reasonable reduction of the Monthly License Fee to Licensee during the period of repair. In the event that the site repair or reconstruction has not commenced within one hundred eighty (180) days following such Casualty Event, Licensee may terminate this Agreement upon written notice to Licensor prior to the commencement of any such repair or reconstruction of the Tower Site. If, however, any such partial destruction or condemnation occurs within six (6) months prior to termination of this Agreement, either Party may terminate this Agreement without further liability except for payment of the Monthly License Fees up to the time of such destruction or condemnation. Any Monthly License Fees prepaid by Licensee shall be returned to it as part of the operation of this section. 13. COMPLIANCE WITH LAWS. Licensor is responsible for ensuring that the tower structure at the Tower Site is operated in compliance with all governmental lighting and marking requirements. Licensor shall indemnify and defend Licensee from and against any loss, cost, or expense sustained or incurred by Licensee as a result of Licensor's failure to comply with duly issued governmental regulations relating to tower lighting and marking. Notwithstanding anything to the contrary in the Agreement, Licensee shall at all times comply with all applicable laws and ordinances and all rules and regulations of municipal, state and federal governmental authorities relating to the installation, maintenance, location, use, operation, and removal of the Approved Equipment and other alterations or improvements authorized pursuant to the provisions of this Agreement. 14. INDEMNIFICATION; INSURANCE. Each Party shall, to the fullest extent permitted by law, indemnify, defend and hold harmless the other Party, its respective Affiliates, and their respective directors, employees, officers, shareholders, successors and assigns against all claims, losses, costs, expenses, damages, and liabilities (except as otherwise provided in Section 15 of this Agreement) arising from: (i) the negligence, willful misconduct or strict liability of such Party, or its agents, employees, representatives, contractors; or (ii) any material breach by such Party of any provision of this Agreement. In addition to the foregoing, Licensee shall indemnify Licensor for all costs and expenses associated with actions taken by Licensor to resolve any interference caused by Licensee or Licensee's Approved Equipment pursuant to Section 10(a), (c), and (d). Neither Party shall be responsible or liable to the other for any damage arising from any claim to the extent attributable to any acts or omissions of other licensees at the Tower Site. Without limiting the foregoing in any way, both Parties, each at their sole cost and expense, agree to maintain comprehensive general liability and casualty insurance (including without limitation, an umbrella policy of no less than five million dollars ($5,000,000.00)) in amounts reasonably satisfactory to the other Party with respect to its property and obligations hereunder. Notwithstanding anything to the contrary, Licensor may provide all or some of the insurance coverage limits required under this Section 14 through an umbrella policy. Such insurance policies shall contain a provision that such policy shall not be canceled or amended without thirty (30) days notice to the other Party. Upon the execution of this Agreement, Licensee shall deliver to Licensor a certificate evidencing such insurance coverage, on which Licensor shall be named as an additional insured with respect to the Tower Site. Further, Licensee shall deliver to Licensor a certificate evidencing such insurance coverage within thirty (30) days of each renewal of such policy. Licensor reserves the right, from time to time, to increase the required liability limits described above in accordance with then - current customary insurance requirements in the tower industry nationally. ATC SITE NAME/ NUMBER: Corckscrew, FU2 1 CUSTOMER SITE NAME/ NUMBER: Big Corkscre it 15. WAIVER OF CERTAIN DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, EACH PARTY HEREBY WAIVES THE RIGHT TO RECOVER INCIDENTAL, SPECIAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), PUNITIVE, EXEMPLARY AND SIMILAR DAMAGES AND THE MULTIPLIED PORTION OF ANY DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF SUCH POSSIBILITY WAS REASONABLY FORSEEABLE. 16. NOTICES. Any required or permitted notice or demand shall be made by certified mail, postage prepaid or via nationally recognized overnight courier service addressed to the other Party at the address set forth on page 1. Either Party may modify, add, or delete notice addresses from time to time by notice given in accordance with this section. Any notice or demand shall be deemed to have been given or made at the time it is deposited in a United States Post Office or with a private overnight courier service. 17. ASSIGNMENT; SUBLEASING. Licensee may assign this Agreement as a whole with Licensor's prior written consent; provided, however, that Licensor's consent will not be required for an assignment to any person or entity which is controlled by, controlling or under common control with Licensee ( "Affiliates "). For these purposes, "control" means ownership, directly or indirectly, of 50% or more of the voting stock, equity or beneficial interest or a general partner of any partnership. In no event may Licensee sublet, sublease, or permit any other similar use of the Tower Site or Licensed Premises by any other party. In no event may Licensee diplex or combine signals or grant any shared use rights for itself or others. In the event of a permitted assignment hereunder, Licensee shall be relieved of any of its obligations under this Agreement arising on or after the effective date of such permitted assignment. Any permitted assignee shall expressly assume, and become bound by, all of Licensee's obligations under this Agreement. Licensor may freely assign, transfer, or sublease this Agreement and, in such event, Licensor shall be relieved of all of its obligations under this Agreement from and after the date of such assignment, transfer, or sublease. This Agreement shall be binding upon the successors and permitted assigns of both parties. Licensee shall pay Licensor a fee of $250.00 (which fee shall increase annually by a percentage rate increase equal to the Annual Escalator) in each instance in which Licensee requests an assignment of this Agreement or in which Licensee seeks an estoppel certificate, nondisturbance agreement, subordination agreement or other similar agreement. Notwithstanding anything to the contrary, Licensor may condition its consent to any assignment, on among other things, requiring that the assignee execute a new form of license agreement so long as the Monthly License Fee and Initial and Renewal Terms of such agreement are consistent with those set forth in this Agreement. 18. QUIET ENJOYMENT. Licensor covenants and agrees that, upon Licensee's paying the Monthly License Fee and observing and performing all of the terms, covenants and conditions to be observed and performed by Licensee under this Agreement, Licensee shall be entitled to quiet enjoyment of the Licensed Premises during the term of this Agreement. 19. SUBORDINATION TO GROUND LEASE. The Parties acknowledge and agree that in the event Licensor's rights in the Licensed Premises and/or any part of the Tower Site is derived in whole or part pursuant to an underlying lease, sublease, permit, easement or other right of use agreement ( "Ground Lease "), all terms, conditions and covenants contained in this Agreement shall be specifically subject to and subordinate to the terms and conditions of an applicable Ground Lease. In the event that any of the provisions of the Ground Lease are in conflict with any of the provisions of this Agreement (other than those provisions relating to the length of term, termination rights or financial consideration), the terms of the Ground Lease shall control. Further, Licensee agrees to be bound by such Ground Lease as applicable to the access and occupancy of the Licensed Premises. In the event that the Ground Lease expires or terminates prior to the expiration of the Initial Term or applicable Renewal Terms, this Agreement shall automatically terminate upon termination of Licensor's right to possession of the Tower Site and shall remove its equipment and any improvements from the Tower Site in accordance with this Agreement and any applicable provisions under the Ground Lease. Licensor agrees not to take any action with respect to the Ground Lease as then in effect which will cause the Ground Lease to be prematurely terminated during the term of this Agreement. Licensor hereby warrants and agrees that it shall exercise any existing renewal option available to it pursuant to the Ground Lease through the end of the term of this Agreement. Upon Licensee's written request, Licensor shall provide a copy of any applicable Ground Lease with the economic terms and other terms that Licensor deems reasonably confidential redacted, unless prohibited by the terms of such Ground Lease. Notwithstanding the foregoing, Licensor shall not be required to pay any form of consideration to obtain the approval or consent of any lessor under a Ground Lease. 20. DEFAULT. Either Party shall have ten (10) days after receipt (or refusal to accept delivery, which refusal shall be deemed receipt for the purposes hereof) of written notice from the other Party to cure any monetary default (provided, however, that if Licensee fails to make any payment of the Monthly License Fee when due and cures such default two (2) times within any twelve (12) month period, then any further failure within the same twelve (12) month period shall be an automatic default with no cure period) and, except as otherwise provided in this Agreement with respect to RF interference, labeling and Construction Drawings, thirty (30) days after receipt of written notice from the other Party to cure any non - monetary default. Except with respect to RF interference, so long as the Party charged with the default diligently pursues a cure during the prescribed time period, that Party shall be given additional time reasonably necessary to cure the default. If subsequent to the foregoing requisite periods of time, there continues to be an event of default, the non - defaulting Party may terminate this Agreement upon written notice to the defaulting Party and may institute any other available proceedings at law or in equity to recover damages from the defaulting Party. A /WI ;RICANTOMIM ATC SITE NAME / NUMBER: CorckscrewoIL12J010 CUSTOMER SITE NAME/ NUMBER: Big Cork re ' eE 8 21. COLLECTIONS. Subject to the provisions of Section 20 above, Licensor may take any collections actions it deems necessary without further notice to Licensee, including, without limitation, the disconnection or removal and storage of any and all of Licensee's equipment, including the Approved Equipment or all other Licensee property located on the Tower Site. Licensee shall pay all reasonable attorney's fees, court costs, removal and storage fees (including any property damage caused thereby), and other items of cost or expense reasonably incurred by Licensor in recovering the Monthly License Fee or other fee or charge. No endorsement or statement on any check or letter accompanying a check for payment of any monies due and payable under the terms of this Agreement shall be deemed an accord and satisfaction, and Licensor may accept such check or payment without prejudice to its right to recover the balance of such monies or to pursue any other remedy provided by law or in this Agreement. Licensor shall accept any such partial payment for the account of Licensee. Past due amounts under this Agreement will bear interest from the date upon which the past due amount was due until the date paid at a rate equal to: (i) eighteen percent (18 %) per annum; or (ii) at a lower rate if required by law in the state in which this Agreement is to be performed. In addition, Licensee shall be assessed a late payment fee equal to twenty -five percent (25 %) of the then - current Monthly License Fee for any payment or reimbursement due to Licensor under this Agreement which is overdue by ten (10) days or more and such fee shall be assessed for each thirty (30) day period thereafter that any such amount (or portion thereof) remains unpaid. 22. GOVERNMENTAL APPROVALS; PERMITS. In the event that any governmental permit, approval or authorization required for Licensor's use of, operation of, or right to license space to Licensee at the Tower Site is challenged, terminated or withdrawn by any governmental authority or third party as part of any governmental, regulatory, or legal proceeding, Licensor may terminate this Agreement. In the event that Licensor does not terminate this Agreement, Licensee may elect to install or continue to operate its equipment at its sole cost and risk. Licensee understands and agrees that, in the event of a governmental or legal order requiring the removal of Licensee's equipment from the tower or removal of the tower structure or any structural modification required to accommodate Licensee's Approved Equipment, Licensee shall do so promptly at its sole cost and expense. Licensor shall cooperate with Licensee in Licensee's efforts to obtain any permits or other approvals that may be necessary for Licensee's installation and operation of the Approved Equipment; provided, however such cooperation shall be subject to the foregoing: (a) Licensor shall not be required to expend any funds or undertake any liability or obligation in connection with such cooperation; (b) Licensor reserves the right to obtain such required approvals or permits on Licensee's behalf, at Licensee's sole cost and expense; and (c) in no event may Licensee encourage, suggest, participate in or permit the imposition of any restrictions or additional obligations whatsoever on the Tower Site or Licensor's current or future use or ability to license space at the Tower Site as part of or in exchange for obtaining any such approval or permit. In the event that Licensee's shelter or cabinets are installed above a third -party or Licensor -owned shelter or building, Licensee shall be solely responsible for obtaining any required consents or permits in connection with such shelter or cabinet installation. Licensee hereby consents to the stacking of a third -party or Licensor owned platform, shelter or cabinets above or below Licensee's shelter or cabinets provided Licensor or such third party shall be solely responsible for all costs and expenses associated with obtaining any required consents or permits in connection with such shelter or cabinet installation above Licensee's equipment. In addition to the foregoing, in the event that Licensee has not been requested to install a stackable shelter and does not utilize a stackable shelter, Licensee agrees that Licensor shall have the right to require Licensee to replace its shelter with a stackable shelter upon no less than thirty (30) days prior written notice at the sole cost and expense of a subsequent licensee who installs a stacked shelter above Licensee's equipment shelter. 23. REPLACEMENT OF TOWER. Licensor reserves the right, in its sole discretion, to replace or rebuild the tower structure or the top of the tower. In such event, Licensor shall provide Licensee with space at the Tower Site suitable to allow Licensee to continue to operate the Approved Equipment in a substantially similar manner during the construction period. Licensor shall be solely responsible for the costs associated with removing and re- installing the Approved Equipment. Licensor also expressly reserves the right to erect one or more towers on the Tower Site, subject to Licensor's obligations to Licensee under this Agreement. Licensee shall also have the right to establish a temporary facility on the Tower Site to provide such services as Licensee deems necessary during any such construction by Licensor so long as adequate space is then available. The location of such temporary facilities shall be subject to Licensor's approval. 24. GOVERNING LAW. This Agreement shall be governed by the laws of the state of Florida, with the exception of its choice of laws provisions. If any provision of this Agreement is found invalid or unenforceable under judicial decree or decision, the remaining provisions of this Agreement shall remain in full force and effect. Any approval, consent, decision, or election to be made or given by a Party may be made or given in such Party's sole judgment and discretion, unless a different standard (such as reasonableness or good faith) is provided for explicitly. 25. EXCUSABLE DELAYS. If either Party is unable due to causes beyond its reasonable control to carry out its obligations under this Agreement in whole or in part and if such Party gives written notice and full details of an excusable delay (including, without limitation, a force majeure event) to the other as soon as practicable after the occurrence of the event, then the obligations of the affected Party will be suspended to the extent reasonably required as a result of such event. Excusable Delay means an event that is not within the reasonable control of the affected Party, including, without limitation, war, riots, civil insurrection or acts of a common enemy, fire, flood, strikes or other labor difficulty, acts of civil or military authority, including governmental laws, orders, actions, inactions or regulations, embargo. A ATC SITE NAME/ NUMBER: Corckscrew, FL/2291 CUSTOMER SITE NAME/ NUMBER: BiI 6v rk 11 8 26. MISCELLANEOUS. Time is of the essence in this Agreement. The offer of license expressed in this Agreement shall automatically expire and become void if not accepted by Licensee and such acceptance received by Licensor within thirty (30) days from the Effective Date. The only means by which Licensee may accept this offer of license is by timely returning two unaltered copies of this Agreement, executed on behalf of Licensee, to Licensor. Upon Licensor's written request, Licensee shall promptly furnish Licensor with complete and accurate information in response to any reasonable request by Licensor for information about any of the Approved Equipment or utilities utilized by Licensee at any Tower Site or any of the channels and frequencies utilized by Licensee thereon. In the event that this Agreement is executed by Licensor, its Affiliates or any trade name utilized by the Licensor or its Affiliates and such signatory does not hold the real property or leasehold interest in the affected Tower Site, the execution of this Agreement shall be deemed to have been properly executed by the Licensor or Licensor's Affiliate which properly holds such interest in the affected Tower Site. Either Licensor or Licensee may be referred to herein as a "Party" and both Licensor and Licensee together may be referred to herein as the "Parties ". At the sole election of Licensor, in the event that Licensee and Licensor enter into a master tower space license agreement ( "New Agreement ") which is applicable to this Tower Site during the Initial Term or any Renewal Term of the Agreement, Licensor may give notice to Licensee that this Agreement is terminated ('Termination Date ") and Licensee and Licensor shall execute a New Agreement for the Licensed Premises and Licensee's Approved Equipment listed on Exhibit A hereto within thirty (30) days following such notice. Such New Agreement shall specify that the commencement date is the Termination Date. If the New Agreement has pre- determined monthly license fee rates and /or annual escalator rates that conflict with the Monthly License Fee and /or the Annual Escalator listed on page 1 of this Agreement, then the license fee rate and /or the annual escalator rate in the Agreement shall govern. Upon the termination or expiration of this Agreement, Licensee shall immediately upon the request of Licensor deliver a release of any instruments of record evidencing such Agreement. Notwithstanding the expiration or earlier termination of the Agreement, Sections 14, 15, 20, 21 and 26 shall survive the expiration or earlier termination of the Agreement. No waiver of any of the provisions of this Agreement shall constitute a waiver of any other provision hereof (whether or not similar), nor shall such waiver constitute a continuing waiver unless expressly agreed to in writing by the affected Party. . This Agreement constitutes the entire agreement of the Parties hereto concerning the subject matter hereof and shall supersede all prior offers, negotiations and agreements, whether written or oral. No revision of the Agreement shall be valid unless made in writing and signed by authorized representatives of both Parties. The offer of license expressed in this proposed Agreement shall automatically expire and become void if not accepted and executed by Licensee and such acceptance received by Licensor within thirty (30) days of the Effective Date. ATTACHED EXHIBITS: Exhibit A: List of Approved Equipment and location of the Licensed Premises Exhibit B: Site Drawing indicating the location of ground space for Licensee's equipment shelter or space in Licensor's building (as applicable) Exhibit C: As -Built Drawings or Construction Drawings to be attached within 45 days after Commencement Date in accordance with Section 1. Exhibit D: Form of Commencement Date Notice. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] EXHIBIT A v 16E8 Co@kr coumry Coltxnw TELC04MERCONNECT REQUIREMENTS INDOOR CABINETS OUTDOOR SHELTER (ATCBuddng) El (Cos—Budd,&) ED ED N of RA. ^KS/CABINETSIBTS 12 N of 15- T RANSMITTERS SHEL B EQUIPMENT TIWCABINETTS DIMENSIONS al WxD) (ft) ]p a 12' R 26' LEASED GROUND SPACE DIMENSIONS (HxWxD) (ft) 12' a 12' a 26' CONCRETE FAD DIMENSIONS (LxVI) (ft) 12'K26- INFRASTRUCTURE MANUFACTURER/MODEL NA COM ®ACS 800 Mm TS. Ntcd POWER FROVIDEDBY ARC PROVIDED UTILITY COMPANY X DIRECT TELCOANTERCONNECT REQUIREMRKTS POTS El T1 = MICROWA:.E OX FIIB R APPUCAN ATC O T PROVIDED NONE PROVIDED ADDITIONAL GROUND SPACE REQUIREMENTS (H X W . D) 12' x 10' a 8' for genenmr ORNERATOR INFORMATION MANUFACTURER Omn ML GenSet (TY 35 KW FURL TYPE Pp.- TANK SIZE N/A - Tb N m etl.tlng fnm Fl- Dept BODY TYPE N/A i: {::<� 17E4J!!;$4eINA 6?A4::F3:E: f:c: vcl?:a $ ..... ::f?!!i ? ?.. •.......... W�? �p�?�R......... ............ ( �k.... ...:..rKM1•::::.::::::4PA•::.::. ANTBNNAQUANTITY 1 1 1 I N/A NIA NA RECENB OR TRANSMI T? RX TX TX TR/RX NIA NIA N/A MANUFACTURER Deelbl Pnd— Deelbl Pmdom, Deoibl Pnducte AM— N/A N/A N/A TYPES OF ANTENNAS Fibrgbn OmN Flb.,10— ptectlorol Onl4 Flb&.Dinctlotml Om Mlcauuave DlA /Rsdoma N/A N/A N/A MODEL DB810 K -XT DE564K MMK PAR 6.65 N/A NIA NIA ANTENNAWEIOHT(Per Mtt ) 3616. 53 lb, Mlbe DE561K N/A NIA N/A ANTBNNADIMENSIONS (HxW.D) (InMste feet or rcha) 14.5' R3 " 13.4' R lb" 13.4'X 16" 6' Mimowere U!1 N Redome N/A N/A NIA ANTENNAMOUNT HEIGHT 175' 195' 195• 17V NIA N/A N/A RAD CENTER AOL 168' 202' 202' 17V N/A N/A N/A MOUNT TYPE Side Arm Mount Ape Mount - Top of —r Fl, Mount - Tbp of To uer Ape Mount NIA N/A NIA TOWBRLEO TED TBD TBD TD N/A NIA N/A DIRECTION of RADIATION 360 degree. 22 d.0 22 degree. 252.5 demise. N/A N/A N/A TX FREQUENCY N/A 855-860 MHa 855.860 MH. 6525 -07S Wh NIA N/A N/A RR FREQUENCY 810.815 MHs NIA NIA 6525 -6175 MHa N/A NIA N/A TRANSMIT BAND OF FREQUENCIES N/A BSS -860 MHr 8.55.860 MHa 6525.6875 MHN N/A N/A N/A RECEM BAND OF FREQUENCIES 810 -II3 MTh N/A 610 -815 6525.6175 MR. N/A N/A N/A ANTENNA OA.IN 10 dB 14 dBd 14 dBd 39 dBl N/A N/A N/A N of LINES PER ANTENNA 1 1 1 1 NIA N/A N/A LINE TYPE Pbm1rc LDHW LOFM EW 63 NIA NIA NIA LINE DIAMETER 7B ^ 1 5-'1" 1 s:H •' I •' ID @ptlnl Wewgulda N/A NIA N/A I. q.k..— venvmtt 4 on - W—d frtq. --' (check box) Y. ❑ No a fi'JI6 G• :Ska46ii' t3j�'' . Y:: �SS:: :�:::;::::;:;5�::;::: >:;:;;:::: SSE:::: �: S:: S:: S: 2:SS::t::i:;:;::;i::::'i: <::i;: :� >:�iS:� >:;: ?:•:�SS:»:: > S:< bi: 4: t; � >5:::; %•i:Y {•iS:h::dS::;:;:. ::;;:::1Yrrtt tPtJiPt #SSSSSSSSR:S: ?;:lit#& ......ltPYMB:i3'StS:iiS::SS MiR?F.::. �::. MANUFACTURER 15 .?&A CCM WA NIA N/A N/A TYPE &MODEL MASTER In DACS N/A NIA N/A MA TYPE of SERVICE PRIVATERADIO N/A NIA N/A N/A RACK/CAMeT/BTS DIMENSIONS (Hx W x D) 21" z I I^ a 86" N/A N/A N/A N/A CALLSION WNLE995 N/A NIA N/A N/A TXFRBQUENCY 8M1160 M1b N/A NIA WA NIA TXPOWBROUTPUT 100 W.tb N/A NIA NIA N/A RX FREQUENCY 810.115 MHB N/A N/A N/A N/A ERF 195 W.tb N/A NIA NIA N/A AVBRAL38 MONTHLY POWER CONSUMPTION (Kul 890%tt. WA N/A N/A MA ELECTRIC SERVICE REQUIRED (AmpWoly) 200 Ampa240 Volb N/A N/A NIA N/A N of OUTLETS NIA N/A MA N/A N/A COMBINW#orPORTS 15- N/A N/A N/A N/A CABINET AL30 CONTAINS N/A N/A N/A N/A NIA @ma.•emae ltao (o¢tl.�,m.lxLed LlEe Ye.pleze ttfnte bti.naW's6mM fC1IDCK ONB) YES O NO v 16E8 ATC SITE NAME / NUMBER: Corc rew U 1 CUSTOMER SITE NAME/ NUMBER: Bi o of f Exhibit A 11 LL Approved Equipment Initials: / ATC SITE NAME / NUMBER: Corckscre U2 1 CUSTOMER SITE NAME/ NUMBER: Big Cork re it Exhibit B 1 Site Drawing indicating the location of ground space for Licensee's equipment shelter or space in Licensor's building (as applicable) Licensee shall not commence installation until Licensor has approved in writing said drawing and attached it hereto. Initials: / ATC SITE NAME/ NUMBER: Corckscrew, FU22910 CUSTOMER SITE NAME/ NUMBER: Big fsGr Exhibit C 8 �t As Built Drawings or Construction Drawings To be attached hereto within 45 days of the date after commencement of installation or construction of Licensee's Approved Equipment at the Tower Site. ATC SITE NAME / NUMBER: Corckscrew, FU22910 CUSTOMER SITE NAME/ NUMBER: Big Corkscrew Fire 16E8 Exhibit D Form of Commencement Date Notice [Date] Via Return Receipt Requested First Class Mail American Tower Attn: Contracts Manager Re: ATC Tower Site # , ATC Tower Site Name: Dear Contracts Manager: In accordance with Section 1 of that License Agreement ( "Agreement ") dated between ( "Licensor ") and ( "Licensee "), this letter serves as notice that Licensee commenced its construction and /or installation at the Tower Site described above on , 20 The Agreement states that the Commencement Date for the purposes of the Monthly License Fee is the earlier of the commencement of installation or construction or , 2 (but in no event later than 45 days after the Effective Date of the Agreement. In accordance with the Agreement, the correct Commencement Date for this Agreement is , 2 If you have any questions, please contact me at Sincerely, UPS Label Image: Page 1 of 1 16E8 View / Print Label 1. Print the label: Select Print from the File menu in this browser window to print the label below. 2. Fold the printed label at the line. Place the label (address side up) in a UPS Shipping Pouch. If you do not have a pouch, affix the folded label using clear plastic shipping tape over the entire label area being careful not to damage the bar codes or addresses. 3. Drop -of or Pickup: • Daily Pickup Customers: Your driver will pick up your shipment(s) as usual. • UPS Drivers will accept your packages. • UPS On Call Air Pickup®: Schedule a pickup for your urgent air packages (additional charges will apply). 1- 800 - PICKUPS • Drop off at UPS Customer Counters, Letter Centers or UPS Authorized Shipping Outlets. Ship Another Package Would you like a Retum Label? View Shipped Packages Logout H o a o N E 1 vi co asAi 45 aWWO !(Y, � � V O �- � a w co Ch o � 0 g i. oC 0 + ...10280 -S howLabet. asp ?gGUID= m%26%25 %22%22PPPU%3B %22%25 %23 W %3B %22 %212/ 13/2002 0 0 16E8 December 13, 2002 Corkscrew Fire Station 13240 Immokalee Rd Naples, Florida 34120 RE: American Tower Corporation — Notification Site # FL - 022910 To Whom it may Concern: I write to notify you of a proposed co- Iocation of Collier County at American Tower's communications tower located on your property. A co- location merely means that another service provider or carrier will attach a string of antennas similar to those already in place, on the currently existing structure. There will also be an installation of a shelter or series of small cabinets similar to that or those already in place. The total construction time will be just a few days and you should not experience any inconvenience in this regard. As you are aware, American Tower is required to provide you with notice of our intentions to co- locate, pursuant to the Site Agreement. This letter is intended to satisfy that requirement. Should you have any questions, please do not hesitate to call me at 781.926.4597. On behalf of American Tower, I thank you for your cooperation and attention to this matter. Sincerely, Earl Dempster American Tower Corporation Tenant License Administrator Southeast Region t � . RL SITE LEASE WITH OPTION E8 THIS SITE LEASE WITH OPTION ("Lease ") is by and between Bie Corkscrew Wand Fire Distri ct ( "Landlord ") and Omnipoint Holdings, Inc., a Delaware Corporation ( "Tenant "). I. Option to Lease (a) In consideration of the payment o (the "Option Fee ") by Tenant to Landlord' Landlord hereby grants to Tenarht an option to lease the use of a portion of the rest property described in the attached Exhibit A (the "Property"), on the terms and conditions set forth herein (the "Option "). The Option shall be for an initial term of six months (6) months, commencing on the Effective Date (as defined below) (the "Option Period "). The Option Period may be payment of the sum of f extended by Tenant for an additional six months (6) months upon written notice to Landlord and end of the Option Period. ) ( "Additional Mott Fee ") at any time prior to the (b) During the Option Period and any extension therco& and during the term of this Lease, Landlord agrees to cooperate with Tenant in obtaining. at Tenant's expanse, all lioanses and permits or authorizations required for Tenant's use of the Premises from all applicable government and/or regulatory entities (including, without limitation, zoning and land use authorities, and the Federal Communication Commission ("FCC) (the "Governmental Approvals "), including appointing Tenant as agent for ant land use aihd zoning permit applications, and Landlord agrees to cooperate with and to allow Tenant, at no cost to landlord, to obtain a title report, zoning approvals and variances, land -use permits, and Landlord expressly grants to Tenant a right of access to the Property to perform surveys, soils tests, and other engineering procedures or environmental investigations on the Property, necessary to determine that Tenant's use of the Premises will be compatible with Taunt's engineering specifications, system design, operations and Governmental Approvals. During the Option Period and any extension thereof, Tenant may exercise the Option by so notifying Landlord in writing. at Landlord's address in accordance with Section 12 hereof. (c) If Tenant exercises the Option, then, subject to the following terms and conditions. Landlord hereby leases to Tenant the use of that portion of the Property sufficient for placement of Antenna Facilities (as defined below), together with all necessary space and easements for access and utilities, as generally described and depicted in the attached Exhibit B (collectively referred to hereinafter as the "Premises "). The Premises, located at 13240 Immokalee Road, Naples, Fl. 34120 Collier County, comprise approximately 2,5000 square feet. 2. I=. The initial term of the Lease shall be five (5) years commencing on the date of the exercise of the Option (the "Commencement Date'7, and terminating at midnight on the last day of the initial term (the "Initial Term "). 3. Permitted Use. The Premises may be used by Tenant for, among other things, the transmission and reception of radio communication signals and for the construction, installation, operation, maintenance, repair, removal or replacement of related facilities, tower and base, antennas, microwave dishes, equipment shelters and/or cabinets and related activities. 4. Rent. Tenant shall pay landlord, as rent, per month ( "Rent ") plus applicable sales tax. Rent plus applicable sales tax shall be payable in advance beginning on the Conrncnoernent Date prorated for the remainder of the month in which the Commencement Date falls and thereafter Rent will be payable monthly in advance by the fifth day of each month to Bie Corkscrew Island Fire District at Landlord's address specified in Section 12 below. If this Lease is terminated at a time other than on the last day of a month, Rent shall be prorated of the date of termination for any reason other than a default by Tenant, and all prepaid Rent shall be immediately refunded to Tenant. 5. wall. Tenant shall have the right to extend this Lease for five (5) additional, five -year terms ( "Renewal Term"). Each Renewal Turn shall be on the same temps and conditions as set forth herein, except that Rent shall be increased by of the Rent paid over the preceding term. This Lease shall automatically renew for each successive Renewal 'Perm unless Tenant notifies Landlord, in writing, of Tenant's intention not to renew this Lease, at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If Tenant shaii remain in possession of the Premises at the expiration of this Lease or any Renewal Term without a written agreement, such tenancy shall be deemed a month -to -month tenancy under the same terms and conditions of this Lease. 6. t ferenee. Tenant shall not use the Premises in any way which interferes with the use of the Property by Landlord, or lessees or licensees of Landlord, with rights in the Property prior in time to Tcnant's (subject to Tenant's rights under this Lease, including without limitation, non - interference). Similarly, Landlord shall not use, nor shall Landlord permit Site Number- NM MQ3p Rev. 3 /00 Site Name: �4rkscrew Fire $orlon _ k Coy- �CsG.ew�2 fL _ Florida Market: Naples. FI. l J r r^-r rr oT ePs-4 02-2 '704- 4P 16E8 Operations 0 CM notice ; � tlte..' St: intaf � °t to _ �• an the p r�Patsible �rnod °n of have the i � kn >� t urinating i al bread �, ° Yin any waY Which e+c+tCo or temtttrate thi t o other n8hts tt�t t, Y cause in � � �Y rig Party, w� � with the may 7. mmcd y t+P°rt �7aen notice. law or i ��,ctY JWv � interference fo � o, cease bring a action in ply (a) Te andJ ;li nant loin such es!! hale the amennes, n' SSary to right, at its (Colt mtDwave a its communications to areal Y the " ;, t�weJ and unicatiarts cyst and n>aitttain on duri and nS the te+rtt of Facilti z: � T cqu;pnuw s nndud ;ag i without!! p'. iscs imProv °"� s. Tha Lease. Tcnattt s t sha11 hava the rotas �inImitation. radio tr sm ' P�ttalpropettt, he,4nt cause reply and related ttUrg and Cam 1 equities ny Fac;l" ;es a!1 a cables inn rem uo! (b) Ted Y trine during artd mdusi to of �e sop[' Iut Fd Utility lines its Ne and in aci[ities t+ding wrthotu 1[m;tatloR many al[ of thus (ease '+ant. Tenat,t[ ha Plicabte !n excepted in l• at T .s � a fence. n'< of rastrjaing moss to the normal ear Aott tarnunati reasonable °Ortctit;on keep and maintain Antenna Facilities. (d) Ten tear and gtyexcti of-this fair during th o' a Les Facilities - now or haval}� 1 em' shall retuned row oast stud tpr� on the PtoP�tY (indudi� t shah[ have the right to landlord in casual Utilities � �n asststtng 7Co 1itn+ted to, the itnstall utilities, at r good. usable condition. ty utilities used on the P acquire nsrat[ation of eRants expense, attd Point of �nbable to r �}' the e� +u.fly 3 "cr Aower aw improve the °0nntauxion withr;tt the ButGlc- Tenant hall meters alt not shall, wherever) Landlord a � go utilities on the (e) As dung Lttr,dl shall right to instal! installed, Tenant , rnstall s use reason able hall acr°sS the P Pasha( co+tsid dil;getttjy y Sary oo Pay the Period' eParate maters for Premi r�Y far in eraUon flat any variation. in it and steeving is for all telephone uate to in�le&ess, utilities �dtnnde•r thin' tease,pt1On or failure 71p4f to the °r Y Renewal cc cable, arid. maintain utilities, aCorss (includi 6attdlord hatch °f uttlttYservice. Term (milectivelyy« premises Cot which dude, ar Or the Purpose, easement in ter Lease and y � t shall have 2 Fascrtknt Provided 1[iercs a' all times limited the i n�atlon of 1.) to the ewal TCrnL -4-day, 7-da eUndershall have g the Initial 7,, ofi�ltwer and xs. to the t; same tern as this L•ease�� liability as fo[low rapt as othcrq,� Prov �� � All times dl'ring.thc initial "d0d [k+atn, thus tt� Term ofth;s (a) upon l�a8sa under this �Utv (30) days may be teftninat l�asc within that wi0ftt any Penalty or written ttogoe b errant Y sue or rn upon thirty (3Q) days (�) day Period; Y Landlord if T fails to cure fug that �DmP[Ue a Such de&ull - notice by either pity if the a default for payment of amourtrs due within wtthrn that thirty �'nY (30 outer for (c)innnnediate (3p).daYPetiod�YPeriod,orb! °°mm ;rsanon- rfeits uernanrs installation fenant notifres ! o ei Period as tna default and fails to the ' instal[atiOnm�o l°Paat ;e On � thocurti� fa Pp�cor u of any title required di[ig�Y res a1Cptab c 'unn�ort nrnety (�Oj �e Facilities ° Te atus b mesa), Pernut or �evt o bta- . ma[ttt�l or soil tests �t till Antes FTenartt's �p� uwrntren notice b �' metal Approw� °f O1[terw;se ac;l;ti y Ten," if the p,„,,� necessary to valor_ es belong:nnnrering sPec;frcations Bits Art - " �� Antenna Fac;li lame: ides or rtes am beCorn the x: N_aat� t ►v Fire S ti munic;at ystem to ~ � 16E8 (e) immediately upon written notice by Tenant if the Premises or the Antenna Facilities arc destroyed or damaged so as in Tenants reasonable judgment to substantially and adversely affect the effective use of the Antenna Facilities. in such event, all rights and obligations of the parties shall erase as of the date of the damage or destruction. and Tenant shall be entitled to the reimbursement of any Rent prepaid by Tenant - If Tennant elects to continue this Lease, then all Rent shall abate until the Premises and/or Antenna Facilities are restored to the condition existing immediately prior to such damage or destruction, or ;. (f) at the time title to the Property transfer to a condemning authority, pursuant to a taking of all or a portion of the Property sufficient in Tenant's determination to render the Premise unsultable for Tenant's use. Landlord and Tenant shall each be entitled to pursue their own separate awards with gent to such taking. Sale of all or part of the Property to a purchaser with the power of eminent domain in the face of the exercise of the power shall be treated as a taking by . condemnation. 9. aT xes. Tenant shall pay any personal property taxes assessed on, or any portion of such taxes directly attributable to, the Antenna Fatalities. Landlord shall pay any real property taxes or other foes and assessments attributable to the Property. In the event that Landlord fails to pay any such real property taxes or other foes and assessments, Tenant shall have the right, but not the obligation; to pay such owed amounts and deduct than from Rent amounts due under this Lease- (9) Tenant shall provide Commercial General Liability Insuren in an aggregate amount o �. Tenant may satisfy this requirement by obtaining the appropriate endorsement to any master policy of iability insurance Tenant may maintain. (b) Landlord and Tenant hereby mutually release each other (and their successors or assigns) finmt liability and waive all right of recovery against the other for any loss or damage covered by their respective first party property insurance policies for all perils insured thereunder. In the event of such insured loss, neither party's insurance company shall have a subrogated claim against the other. I I. Hold Harml Tenant agrees to hold Landlord harmless fears claims arising from the installation, use, maintenance, repair or removal of the Antenna Facilities, except for claims arising froth the negligence or intentional acts of Landlord, its employees, agents or in&Ix=dcnt oontractots. 12. Notices. All notices, requests, demands and other communications hereunder shall be in writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt requested, or sent by for next - business -day delivery by a nationally recognized overnight carrier to the following addresses: If to Tenant, to•. Omnipomt Holdings, Inc. Umnipoint Holdings, Inc. 3650 —131" Avenue SE, Suite 200 Attn: Lease Administrator Bellevue, WA 98006 600 Ansin Boulevard Attn: PCS Leasing Administrator }{allandaie, FL 33009 With a copy to: Attn: Legal Department If to Iandlord. to. 13240 hnmokalee Road Naples, Fl. 34120 13. Quiet Eniovmcnt. Title and Authority. Landlord covenants and warrants to Tenant that (i) Landlord has full right, power and authority to execute this Lease; (ii) it has good and unencumbered title to the Property free and clear of any liens or mortgages, except those disclosed to Tenant and which will not interfere with Tenant's rights to or use of the Premises; and (iii) execution and performance of this Lease will not violate any laws, ordinanoes, covenants, or the provisions of any mortgage, lease, or other agreement binding on Landlord landlord covenants that at all tittus during the term of this Lease, Tenant's quiet enjoyment of the Premises or any part thereof shall not be disturbed as long as Tenam is not in default beyond arty applicable grace or cure period. 14. FEvj nmcatal Laws- I andlard represatts tEiat it has ono knowledge of any substance, chemical or waste (collectively `Hazardous Substance ") on the Property that is identified as hazardous, toxic or dangerous in any applicable federal, state or local law or regulation. Landlord and Tenant shall not introduce or use any Hazardous Substance on the Property in violation of any applicable law. Landlord shall be responsible for, and shall promptly Conduct any investigation and minediation as required by any applicable environmental laws, all spills or other releases of any Hazardous Substance not caused solely by Tenant, that have occurred or which may occur on the property, Eadn party agrees to defend, indemnify and hold harmless the other from and against any and all administrative and judicial actions and rulings, claims, causes of action, Site Number. Cl 3 Rev. 3lQO Site Name: w Fire Station Market: NApites.11. 3 Florida .1. .. I r + 16E8 demands and liability (oollectively, " ClaiMSI including, but not limited, to, damages, costs- expenses, assessments. penalties. fines, losses, Judgments and rca§ortable attorney fees that the indemnitee may suffer or inctw due to the existence or discoven- ofany Hazardous Substances on the Property or the migration of any Hazardous Substance to other properties or the release of any Hazardous Substance into the enviraumcnt (collectively, `Actions"), that relate to or arise from the indemnitor's activities on the Property. Landlord agrees to defend, indemnify and hold Tenant harmless from Claims resulting from Actions on the Property not by Landlord or Tenant prior to and darin&the Teter aM'any Renewal Term of this Lease. The indemnifications in this section specifically include, without limitatimt,, costs incurred in conncction with any investigation of site conditions or any cleanup, remedial. removal per restoration work required by any governmental authority. This Section 14 shall survive the termination or expiration of this Lease. 15. Assigr�ntt and Suhi fig Tenant may assign this Lease and any Easement granted herein upon written notice to Landlord Upon such assignment, Tenant shall be relieved of all liabilities and obligations hereunder and Landlord shall look solely to the assignee for performance under this Lease and all obligations hereunder. Tenant may sublease the Premises. upon written notice to Landlord. Tenant may otherwise assign this Lease upon wrium approval of Landlord, which approval shall not be unreasonably delayed, withheld, conditioned or denied. Additionally, Tenant tray, mpon notice to Latdlord, axwtgage or grant a security interest in this Lease and the Antenna Facilities, and may assign this Lease and the Antenna Facilities to any mortgagees or holders of security interests, inducting their successors a assigns (collectively "Mortgagees "), provided such Mortgagees agree to be bound by the terms and provisions of this Lease. in such event, Landlord shall execute such consent to leasehold financing as may reasonably be required by Mortgagees. Landlord agrees to notify Tenant and Tenant's Mortgagees simultaneously of y any default by Tenant and to give Mortgagees the same right to cam any default as Tenant or to remove any property of Tenant or Mortgagees located on the Premises, except that the cure period for any Mortgagees shall not be less thaw thirty (30) days after receipt of the delauh notice, as provided in Section 8 of this Lease. All such notices to Mortgagees shall be sent to Mortgagees at the address specified by Tenant Failure by Landlord to give Mortgagees such notice shall not diminish Landlord's rights against Tenant, but shall preserve all rights of Mortgagees to pre any default and to remove any property of Tenant or Mortgagees located on the Premises as provided in Section 17 of this Lease. 16. Successors and Assiens_ This Lease and the Easement granted herein shall run with the land, and shall be binding upon and inure to the benefit of the patties, their respective successors, personal representatives and assigns. 17. Waiver of Landlord's Ljcn. Landlord hereby waives any and all lien rights it may have, statutory or otherwise conceding the Antenna Facilities or any portion thereof which shall be deemed personal property for the purposes of this Lease, whether or not the same is deemed real or personal property under applicable laws, and Landlord gives Tenant and Mortgagees the right to remove all or any portion of the same from time to time, whether before or after a default under this Lease, in Tenant's and/or Mortgagee's sole discretion and without Landlord's consent. - _ - f --1 (a) The substantially prevailing party in any litigation arising hereunder shall be entitled to its reasonable attorneys' fees and court costs, including appeals, if any. (b) Each party agrees to firnish to the other, within twenty (20) days after request such truthful estoppel information as the other may reasonably request. (c) This Lease constitutes the entire agreement and understanding of the parties, and supersedes all offers, negotiations and other agmemerus. Therm are no represattations or understandings of any Idnd not set forth herein. Any amendments to this Lease must be in writing and executed by both panics. (d) Each party agrees to cooperate with the other in executing any documents (including a Memorandum of Lease in substantially the form attached as Exhibit - necessary to pt oteot its rights or use of the Premises. The Memorandum of Lease may be recorded in place of this Lease by either party. In the event the Property is encumbered by a mortgage or deed of trust. Landlord agrees, upon request of Tenant, to obtain and furnish to Tenant a non- disturbanoe and attonnment agreement for each such mortgage or deed of trust, in a form reasonably acceptable to Tenant. Tenant may obtain tide insurance on its interest in the Premises. Landlord agrees to execute such documents as the title Company may require in connection therewith. (e) This Lease shall be construed in accordance with the laws of the state in which the Property is located. (f) if any term of this Lease is found to be void or invalid, such finding shall not affect the remaining terms of this Lease, which shall continue in f dl farce and effoa. The parties agree that if any provisions am deemed not enforceable, they Site Number. NC1030 Rev_ 3100 Site Name: C' ew Fire Station Florida Market; Naples. Fl. 4 M 40 16E8 shall be deemed modified to the extent necessary to make them enforceable. Any questions of particular interpretation shalt not be interpreted against the draftsman, but rather in acoardatwe with the fair meaning thereof (g) The .persons who have executed this Lease represent and warrant that they are duly authorized to execute this !.ease in their individual or representative capacity as indicated. s (h) This !.ease may be executed in any number of eouihtppart copies, each of which shall be deemed an original, but all of which together shall constitute a single instrument. (7 All Exhibits re6ared herein and any Addenda are incorporated in for all purposes, The parties understand and 'acknowledge that F�Shi4ilt� (the legal description of the Property) and may be attached to this !,ease and the Exhibit B (the Promises location within the Property), 1�Eemorandum of Lease, in preliminary form. =Accordingly,'the parties agree that upon the preparation of 6m1, more Complete exhibits, Exhibits A. andfor B, as the case may be, which may have been attached hereto in preliminary ,may be replaced by Tenant with suds final, more complete exhibit(s). The terms of all Exhibits arc incorporated herein for all purposes. G) If Landlord is rePram sled by any broker or any other leasing agent, Landlord is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Tenant harmless fm all claims by such broker or anyone claiming through such broker. if Tenant is represented by any broker or any other leasing agent, Tenant is responsible for all commission fee or other payment to such agent, and agrees to indemnify and hold Landlord harmless from all claims by such broker or anyaone claiming thfough'suclh broker. The effixdve date ofthis Lease is the date ofexec Lion by the last Party to sign ("Effective Date"). Big Corkscrew Island Fire District Printed Name: i a i.i l i -Vi V=i Its: (' _ J Date. ri ' t _ ►i`� WnMSS: By: Printed Name. WITNESS: Printed Name: _ �:- r e t vu- i ,Q- E-- Site Number hjCL02o Site Name: Corksaean Fire Crarw,., Rev. 3100 Market: Naples FE c Florida LANDLORD: <m Landlord Nam,,, BY Printed Nam: Its: Date: WITNESS: By. PriAged Nam: WITNESS: Printed Name: TENANT: 0mniPdl9 Holdings, Inc. By. --3 Printed Name: r) A R 'ZZ" N SC-0 C- Its: d ------------ r--- gro C"" C:r Its: tc Date: Approved as to form WITNESS: Printed Name: WITNESS: Site Number NCI 0 Site Name: Cor crew Fire Statue Market: Rev. 3/00 Florida 16E8 By: Printed Nmw. Site Number: h!CLQLO Site Name: - rew Fire Station Rev. 3/00 Market: MaMjg. Fl- Florida EXHIBIT A Legal Description 0 16E8 The Property is legally described as follows: Mw West OwiHalf (112) of TRACT 54 GeldewGate Estates, Unite No. 23, according to the plat thereof, as recorded in plat book 7, pages 9 said 14, of the public records of Cotner Coosty, Florida Site Number: M1030 Rev_ 3100 Site dame: Corkscrew Fire Station Florida Market: Navies. Fl. A -1 M � 16E8 EXHIBfi B The location of the Premises within the Property (together with access and utilities) is more particularly described sod depicted as follm": To be attached berets, sod incorporated herein t: f Y tlry look 4, / 1 mar, Site Number NC1030 Site Name: Cork. -aM Fire Station Market: NA&L Fl. B-1 Rev. 3/00 Florida '. OR: 2903 PG: 2339 RBC0011) in OFFICIAL WORDS of COLUIR C01111ft, FL 10/0512001 at 10:54AR DWI68T 1. BROCE, CURE Prepared by and to be returned to: FB 2 00 American Tower, L.P. RBtn: 9027 Town Center Parkway ANIRICU TOW31 Bradenton, FL 34202 9027 700 CIMI PEiiY Attn: Leslie Carson 11MIRT01 FL 34202 COA ASSIGNMENT AND ASSUMPTION AGREEMENT THIS ASSIGNMENT AND ASSUMPTION OF GROUND LEASE ( "Assignment ") is made and entered into as of this _q__ day of �`n^�'° —C , 2001 ( "Transfer Date ") by Omnipoint Holdings, Inc., a Delaware Corporation ( "Assignor "), to American Tower, L.P., a Delaware limited partnership. ( "Assignee "). Preliminary Statement On the 26th day of May, 2000, Big Corkscrew Island Fire District ( "Ground Lessor "), as lessor, and Omnipoint Holdings, Inc., a Delaware corporation, an Affiliate of Assignor, as lessee, entered into that certain Site Lease with Option ( "Ground Lease ") for that certain parcel of real property ( "Real Property") located in the County of Collier, State of Florida, which Real Property is more particularly described in Exhibit "A" attached hereto. In consideration of the mutual covenants contained in this Assignment, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Assignor and Assignee hereby agree as follows: 1. ASSIGNMENT. As of the Transfer Date, Assignor hereby assigns and transfers all of its rights, title, claim and interest in, to and under the Ground Lease to Assignee and its successors and assigns. Assignor will indemnify, defend and hold harmless Assignee, its successors and assigns and their respective agents, employees, directors and officers from and against any claim, damage, loss, liability, obligation, demand, defense, judgment, suit, proceeding, disbursement or expense, including reasonable attorneys' fees or costs (including those related to appeals) of any nature whatsoever (collectively, "Losses and Liabilities "), arising out of or in any way related to the Ground Lease prior to the Transfer Date or which arise out of or are in any way related to the Ground Lease after the Transfer Date on account of any fact or circumstance occurring or existing prior to the Transfer Date (except with respect to Ground Lease obligations that accrue after the Transfer Date). 2. ACCEPTANCE OF ASSIGNMENT. Assignee, as of the Transfer Date, hereby accepts the foregoing assignment of the Ground Lease and assumes all of the Assignor's obligations under the Ground Lease which arise or relate to the period after the Transfer Date. Assignee will indemnify, defend and hold harmless Assignor, its successors and assigns and their representatives, agents, employees, directors and officers from and against any and all Losses and Liabilities arising out of or in way related to the Ground Lease on and after the Transfer Date, except for Losses and Liabilities which arise out of or are in any way related to the Ground Lease 02-2410 ATC Site: CMS # Aez9 / Corkscrew Fire Station VoiceStream Site: NC 1030 / Corkscrew Fire Station VoiceStream BTS Assignment �I 16E8 after the Transfer Date on account of any fact or circumstance occurring or existing prior to the Transfer Date (except with respect to Ground Lease obligations that accrue after the Transfer Date). 3. ATTORNEYS FEES AND COSTS. In the event of any litigation, or arbitration between Assignor and Assignee arising out of this Assignment, the prevailing party will be entitled to recover all reasonable expenses and costs incurred in connection therewith, including reasonable attorneys' fees and costs but excluding any consequential, incidental or indirect loss or damage (including, without limitation, lost profits), whether or not based upon events giving rise to indemnification hereunder. 4. BINDING EFFECT. This Assignment will be binding on and inure to the benefit of the parties herein, their heirs, executors, administrators, successors -in- interest and assigns. 5. GOVERNING LAW. This Assignment will be governed by and construed in accordance with the internal laws of the State in which the Real Property is located without regard to principles of conflicts of laws. 6. COUNTERPARTS. This Assignment may be executed in two or more counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. 7. SUPERSEDING AGREEMENTS. In the event any term hereof conflicts with the terms of the Ground Lease or the certain Build- to-Suit Agreement between Assignor and Assignee dated as of July 10, 2000, the terms of this Assignment shall prevail. [SIGNATURES BEGIN NEXT PAGE] ATC Site: CMS # 022907 / Corkscrew Fire Station VoiceStream Site: NC 1030 / Corkscrew Fiore Station VoiceStream BTS Assignment 2 0 Pa cv 0 w ►�a N w 0 40 THIS ASSIGNMENT has been executed by Assignor and Assignee on the Transfer Date. Signed in the presence of two witnesses: i /s i aiurf �j 'R g1Za (.0 . L.�. �oi Print . i ess itne Si re Print itness Name ASSIGNOR: Omnipoint Holdings, Inc. a Delaware Corporation By: _(SEAL) Nam . As its: �, T lc6,_c� _ /yj tk STATE OF oe- COUNTY OF .46,r2ow&v , to wit: I HEREBY CERTIFY, THAT on this _f- day of z ers 2001, Uonally a eared before me, a Notary Public in and for the above state and county, , known to me (or sat isfactorily proven) and who, upon oath, acknowledges him/herself to be L C C3 -n; 'of Ornnipoint Holdings, Inc., a Delaware corporation, and that he/she executed tlM foregoing instrument for the purpose therein contained. AS WI'T'NESS my hand and Notarial Seal. My Commission Expires: 740—ti tozora R. DaVO i.; los AIVCOMMIS510N0 MUM EM US a A quBt 24 2004 "'•'R(.H,4, BONDED mWU noonmw �Nui,,XEM ATC Site: CMS # 022907 / Corkscrew Fire Station VoiceStream Site: NC1030 / Corkscrew Fire Station VoiceStream BTS Assignment N w N ca .sa ~ go 16E8 Signed in the presence of two witnesses: Witnesfilaoignature AA kafliemj:h� Print i Na ne Witness Signature Print Witness Name ASSIGNEE: American Tower, L.P. a Delaware limited partnership By: ATC GP, Inc., its sole general partries•'' ;3 ; {._. Name: James P. Bourne ;�I� As i Regional Vice Pre srft 1w a� ok_; r.. • .: r STATE OF GEORGIA, COUNTY OF COBB, to wit: I HEREBY CERTIFY, THAT on this - of r 2001, personally appeared before me, a Notary Public in and for the above state and county, James P. Bourne, known to me (or satisfactorily proven) and who, upon oath, acknowledges himself to be Regional Vice President of ATC GP, Inc., a Delaware corporation, sole general partner of American Tower, L.P., a Delaware limited partnership, that he executed the foregoing instrument for the purpose therein contained. AS WITNESS my hand and Notarial Seal. My Commission Expires: %gi„4n,p"�� .�`'��C�H ''';•,,, otary Public ATC Site: CMS # 022907 / Corkscrew Fire Station VoiceStream Site: NC 1030 / Corkscrew Fire Station VoiceStream BTS Assignment 4 N w c> w N Cw? N M Assignment and Assumption Agreement Exhibit "A" VOICESTREAM LEASE PARCEL OR: 2903 PG: 2343 A PORTION OF LAND LYING AND BEING IN INC #EST ONE HALF (W 112) OF TRACT 54, GOLDEN GA re ESTATES. UNIT Na 2J, ACCORDING W PLAT ROOK 7, PAGES 9 AND 10, OF 7H£ PURL/C R£COROS OF COLLIER COUNTY, FLORIDA, AND BEING MORE PAR77CVLARCY DESCRIBED AS FOLLOWS' COMMENCE' AT THE NORTHEAST -CORNER OF THE ors ONE HALF (W 1/2) OF SAID TRACT 54: 7HrNC£ ALONG THE EAST LINE or 1HE SAID WEST 112 OF TRACT 54, SOUTH 007970 -.'*fS7, A DISTANCE OF 27164 FEET,• THENCE NORTH 8957'15' AfST, A OISTANC£ OF 77. DO FEET TO THE POINT OF BEGINNING OF THE VDIC£S7R£AM LEASE PARCEL; THENCE SOU7N 007970' WEST. A DISTANCE OF 50.00 FEET; THENCE NORTY 895715' #EST. A DISTANCE OF 50.00 FEET TO TN£ EAST L/NE OF A 38 FOOT WD£ DRAINAGE EASEMENT AS SHORN ON SAID GOLDEN GATE ESTATE$ UNIT NQ 2-T; THENCE NORTH 00 "19'10" EAST ALONG SAID EAST UN£. A DISTANCE OF $0.00 FEET' THENCE SOUTH 89:5775' £AST, A DISTANCE OF 50.00 FEET TO 7H£ POINT OF REC/NNING SA/0 LAND SITUATE WTHIN CO LMR COUNTY, FLORIDA, CONTAINING 2500 SOUARE F££r MORE OR LESS DESCRIPTION OF 20' INGRESS- -EGRESS & UTILITY EASEMENT A PORTION OF LAND LYING AND BEING IN THE WEST ONE HALF (W 112) OF TRACT 5* GACD£N CA 7£ ESTATES, UNIT NO. 2J, ACCOROING TO PLAT BOOK 7, PAGES 9 AND T0, OF mr PUBLIC R£COROS OF COLLIER COUNTY, FLORIDA, AND RING MORE PAR17CULARLY O£SCRIBEO AS FOLLOWS' COMMENCE AT THE NORTHEAST CORNER OF THE BEST CNE HALF (W 1/. ?) OF SAID TRACT 54., THENCE ALONG TN£ NORTHERLY BOUNDARY UNE OF SAID TRACT 54 SOUTH 74'49:52' WEST, A DISTANCE OF MJ2 FEET TO THE CENTERLINE OF THE Vt7ICES'TREAM 20 FOOT INGRESS — EGRESS AND UTILITY EASEMENT AND TH£ POINT or BEG£WNING; THENCE SOUTN OJ7J'J1' EAST, A DISTANCE cF 97,17 FEET THENCE SOUTH 00-02-46- WEST, A DISTANCE OF 97.94 FEET,• THENCE NORTH 89 S7'7S' #EST, A DISTANCE OF is f5 FEET, THENCE SOUTH 0OV2'45' WEST, A DISTANCE OF 98.90 FEET THENCE NORTH 893M'WEST, A DISTANCE OF JO.A FEET TO TH£ POINT OF i£RMINATION. SAID LAND SITUATE WITHIN COLDER COUNTY, FLORIDA. ATC Site: CMS # 022407 / Corkscrew Fire Station VoiceStream Site: NC1030 / Corkscrew Fire Station VoiceStream BTS Assignment 5 7W 5EP- 144=4MI 1* 0 G4 AuguSt 28, 2001 UI'14iru1Ni DUUin rc=utt.w_I 4W 1W. J ✓1 �,✓ 1 ✓ I V✓ I . VA.. .ry 16,8 George Eckhardt, Chairman Sig Corkscrew Island Fire District 13240 Immokdes Road Naples. Florida 34120 Re: Site Lease with Option botwwn Big Corkscrew Island Fire District end Omnipoint Holdings, Inc., dated May 26, 2000, ibr Tower Site Carksamw Fire District (" T 'D Dear ChWxm= Eckhardt: Otttuipoiat Holdings, .no. ¢osticiWas assigning the above - referenced Lease to American whop owned subsidiary of Amerlc= Tower Corporation. American Tower,.. L.P., Y- and owns and a crates Tower is the leader in the telecommunications. tower industry op crates ximately. 14,000 towers iu the United StSLCS, Canada, Mexico end Braze I . More 'i ormhtion about the company may be obtained from the 3nternet website, .c The terms of the Lease provide dmt your consent is required for this assignment. Please indicate your -consent by signing antdnclosed s�ta�xn�ed self -�d�dr srea en elope by no later and returning one cOpY to me in the then and roainmg the second copy for your fl 1 es. Thank you for your prompt essista= and please feel free to call me at the number below if you have any questions regrading this proposed assignment. Sincerely, Leslie Carson Paralegal �1 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE April 8, 2003 FOR BOARD ACTION: 161' 1. MISCELLANEOUS ITEMS TO FILE FOR RECORD WITH ACTION AS DIRECTED: A. Clerk of Courts: Submitted for public record, pursuant to Florida Statutes, Chapter 136.06(1), the disbursements for the Board of County Commissioners for the period: Disbursements for March 1, 2003 through March 7, 2003 2. Disbursements for March 8, 2003 through March 14, 2003 3. (- 36&1,V-XWeA V fsr JI A,"IZ� A, ,Zo j3 - A r#"j4 r4ru pgX 2fi L043 B. Districts: Fiddler's Creek Community Development District — Minutes of January 22, 2003 and District Map; Minutes of October 23, 2002 and Unaudited Financial Statements dates September 30, 2002; Minutes of January 22, 2003 and Unaudited Financial Statements dated December 31, 2002. Audit FY 2002 and Management Letter. 2. Mediterra South Community Development District — Minutes of October 23, 2003 and Unaudited Financial Statements dated September 30, 2002 0 ow-4 md;-44 Co v1Tf-a.GT ieN QrlivAVC. iAL s17�T� d+� aD �A7to( Ajrr?�r+�t��r 30i 1�z 3. Collier Mosquito Control District — District Maps and Public Facilities Report. 4. Naples Heritage Community Development District — Minutes of Meeting dated October 14, 2002; Unauadited Financial Statements dated September 30, 2002 and Unaudited Financial Statements dated December 31, 2002. Pelican Marsh Community Devleopment District — Audit FY02 and Management letter. 6. Cedar Hammock Community Development District — Minutes of November 18, 2002 Meeting and unaudited Financial Statements dated October 31, 2002,vu*wa,;1W 4wsstw,#ri«1 sr4m —gas WO*A/ dt--W ve 3 1, z-ait 2 . 7. East Naples Fire Control and Rescue District — Audit FY02 and Management Letter. 8. Devil's Garden Water Control District - Audit FY02 and Management Letter H:Data/Format 1611 C. Minutes: 1. Forest Lakes MSTU Advisory Committee — Agenda for March 7, 2003; Minutes of February 14, 2003, Agenda for March 28, 2003, Minutes of March 7, 2003 2. DSAC Advisory Committee — Agenda for March 5, 2003; Minutes of February 5, 2003. 3. Collier County Planning Commission Advisory Committee — Agenda for March 6, 2003; Minutes of February 6, 2003. Agenda for March 20, 2003; Minutes of March 6, 2003 4. Hispanic Affairs Advisory Board — Minutes of January 30, 2003. 5. Bayshore Beautification MSTU S nuns of February 12, 2003; Agenda for March 12, 2003; Minutes of February 12, 2003. 6. Environmental Advisory Council — Agenda for March 5, 2003; Minutes of February 5, 2003. 7. Workforce Housing Advisory Committee — Agenda for February 26, 2003. 8. Productivity Committee - Minutes of January 15, 2003; 9. Vanderbilt Beach MSTU Advisory Committee — Minutes of February 27, 2003. Agenda for March 6, 2003, Minutes of February 6, 2003. 10. Livingston Road Phase II Beautification MSTU — Minutes of February 5, 2003; Agenda for February 5, 2003. 11. Parks and Recreation Advisory Board — Agenda for March 19, 2003; Minutes of February 19, 2003. 12. Collier County CDBG — Citizen Advisory Task Force — Agenda for December 12, 2002; Minutes of December 12, 2002; Agenda for March 20, 2003, Minutes of March 20, 2003 13. Isles of Capri Fire /Rescue Advisory — February 6, 2003 14. Collier County Airport Authority - Minutes of February 10, 2002 15. Lely Golf Estates Beautification Advisory Committee — Agenda for March 20, 2003; Minutes of February 27, 2003. 16. Historical Archaeological Preservation Board — Agenda for March 19, 2003, Minutes of February 19, 2003. H:Data/Format 1611 17. Coastal Advisory Committee — Minutes of September 12, 02; October 10, 02; November 14, 02; December 12, 02; January 9, 03; February 1, 02, February 22, 02 and March 1, 02. 18. Collier County Contractor's Licensing Board — Agenda for March 18, 2003 19. Bayshore Gateway Triangle Local Redevelopment Advisory Board — Agenda for March 12, 2003. 20. Radio Road Beautification MSTU — Agenda for March 18, 2003; Minutes of February 18, 2003. 21. Immokalee Beautification MSTU Advisory Committee — Notes for February 19, 2003, Agenda for March 19, 2003. 22. Collier County Airport Authority - Agenda for March 10, 2003; Minutes of February 10, 2002. 21. O'S Wj" Far r"- MAnCJ, 14,1003, py M66 or, T �pwwARy !�� 1003 hVial H:Data/Format 1611 Clerk of the Circuit Court IV'ED Collier County, Florida LIAR 1 4 2003 of �-Iouaty Commissio" Finance & Accounting Department MEMORANDUM Date: 03/07/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 1, 2003 through March 7, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. T„• 1611 o w a z W F CQ7 F a W W W a W H a' Vl a t+ ?C U W W N- W a- H m O W . a m F m O U a E a. W O a a a H z. a U A m a a 0 7 F m Q a Q W Q a Q Q Q x o o F Q W W a W z O E Q 0 z z H Q m m W W W m Q w m W U w O W w £ m E. O w W E w w z N a£ z a z " o m F a u u z a m w mw m x a a 4 a a a w w £ Q o -a U W x >1 E a £ a W E U U F W a Q F q a a w w W a a m u a Q. 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Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 22, 2003 through February 28, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. 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F..F. w E f+ N N a ° A a a � E. a a w m o 0 N: o o g q u u [Cm??� a O OV V. a [o: oo. o o In ffS: N W N z 0 x w m o m cn w w a a a a a O w N N N Ifl ifl o r r r r r c L C :':'Lf: tfl. lfl 111 O NO N N 00 O O O O UI O O O O 0 0 IC 0 O O OO OO O :��115: r+1 a rl N .a Q o u m r w z m w o q N y N z m '14 m !:.44: o x E AyH U x x u C C u m u v Li 1^ n M rv1 r1 T 3 1611 ;�- v o..a v N N 7y x u N U N N H lJ C fJ J 1611 1611 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/21/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 15, 2003 through February 21, 2003. 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O. 0 0 0 NN N N N N NN NN N N N N N N NN N N N N N N N N N N N N N N N N N N N N NN N N N_N N N NN NN N oy, y: C UI b r m 0 rl N M to n m 04 O fl N M I(1 ID n m Ol O N N M d' 111 4p r m N 0 .-1 N M C Ill �O r m Ol O N n o0 m tb m .1r< M M M M M M M M C C V: C d: C d' d: C C Ill 111 1f1 N N I(1 111 411 N IA I 4D 4O 40 40 b 40 tp b 10 [� n r r r n r n r 40 � m M M M M M M- M M M M M M M M M M M M M M M M M M M M M w 0) 1611 "'.0 P.: z 4 70 f4 m W 14 a x x 0 al :lz n ta: O O O xpo: -44. 21 ca 16 ro u X: 1611 "'.0 o z U 1611 ,z 0 0 0 H w m 4� w P� C, w 14 a U Z 0 0 1-1 0 9 m u Q V w 4 u s x z H P E� P n z w n u 0 no r) u U 4 T4 W U u D 10 10 G. , 2: IM-1 10 0 114 w m r a U z E ❑ r4 z m 0 0 0 >1 0 04 10 u w 14 14 .1 0 0 4 0 11 14 U U U U U 1 0 xzw M. 0 XM pq Id vp — m — — — — — — — — - — — — — — — — — — — m ol m 0 0 01 m Ol it M CO W Q to 1611 v ,ro o a N Ol N W N U N `J 1611 1611 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/14/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 8, 2003 through February 14, 2003. In accordance with Florida Statutes, Chapter 136.06(1) 1 request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. I m N i w v z O Iw C zOm W I[1 w m P4 + 0 1611 -oT I ❑U❑ ' W I I I w W w o ��]7 [v PG Fl jra7 m 1.� [N7 z z m a w a o-7 .w] W41 W w47 .w7 Uy W Ai w W F7 H W w r� a M a w 1.7 r1 a H li a 11 ❑ [w[a77 HHI1 a �L4y w w o wp wpa� W W U R z u a w 7 z. R O m a w a U H e a l a 5 w g z v > a aG w� a z zo w H N] w N x a W NW z U H a, z w z ❑ T. 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Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 02/07/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period February 1, 2003 through February 7, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 1611 w w z w w w -w w a a w w a z rn w w x a s w a a w N W a °w w N w a a s u z r w a o a �a a a In m � aw w a z a w s a w w oo �d x w a w z w. U w a s Q W £ w o a7 w W a O a w w z w a O O a Z a W a £ w M z o m z> rx z. r a w H z z z W tar. Q U Q 0 w w S H a w w a. 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H F4 W d w X C, 4 Z V W C r z 0 W W U �4 1 Z ❑ 'a .1 M �4 WW 10) C r4 m r4 n a) w C, a �4 �4 0 > X: 4 2- d) I Z U U U u �4 t u Q 0 m 0 -1 m 0 M -H 0 0 0 0 U M x h x 4 x2: z 0 ol Ix 04 W. Ix P4 m C; o 1� AS: . ;i4 . 0 Q r Q f:l A n Z:. A D ti hk — — — — — — — — — — — — — — — — — — - — — — — — — — - ln. - - — — — — — - — — — — — — . . . . . . . . . . . . . . o.0 . . . . . . . 0 .. . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 0 0.0 . . . . . . . . . . . . 0.0 . z u o PQ 4 1611 1 }4 IV roti O iEai W W W ra W 14 [4 r4 w w fA w W N k 0 0 0 0 0 0 Ix r4 rl 1--, 0 Q w "I 0 z U � " C12 3: ci n C4 m 114 C) 0 0 0 0 0 0 0 Cl 04 m 1. b O :Aw N <>e7: 2 �4 :Ar . . . . . . . -14 to U 1611 1611 Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 01/31/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of Countv Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 25, 2003 through January 31, 2003. In accordance with Florida Statutes, Chapter 136.06(1) 1 request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. �Wv \vm o � a s, m U Y l/ N z z 0 x m C O L zM N N w O a � Q o m r a w o � F Uo tJ W U w 7 x C y Y u JI U o C C E m m a o <;. 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CQ I Z IV . . . . . . . . . . . . In U 0 0 , z u MOM A. mm w v) m w 4 < W. 0� P4 r .Ak 0 0 0 0 0 11 El E- U W z Py8 r2 x8 x8 a8C88� X8 19, In, "4 H P El El E-4 &4 El F 14 z 4 a a Zo X x 0 a >1 z k 2 U u u u U° U 2 0 w 0 u -1 0 P4 94 C4 r4 w w rd x w 0 El P4 a 4 0 [4 w 0 4 = z " z 14 2 0 0 0 0 0 0 0 0 w D 0 m 0 X U N N V :Z z 0: O — — — — — — — — — — m. — — — — — — — — z I M N m N N N N N N N N N N N I N 2 0 0 0 2 . . . . . . z r m r N N . . . . . op . . . . . . . . . . . . I L MOM ro Ol ro 1611 ' " 1611` Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 01/24/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 18, 2003 through January 24, 2003. 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El d 8 PQ w x m m m E, H 'i r U z z 'x a� z p .:.ol w F4 r4f4uuuwumo wo 04 0,a 0 g 4 4 a P4 u u u z u O n cl C1 n 0 A al A Q C) m V7 :rl :zl :D :D ::hk: *:.In — — — — — — — — — — — — 0 0 . . . . . . . . . ro . . O. . . . . . . . PQ 0 Xl. :..l. �4 L) r ps v tka . 000 . . . . . . . . . 0 0 v r u a 'n PQ � � \ 1 �0 u 7 \§ X lu §(S � . � \ d \\ � � ) id � � q \ � \ � \ � \ � : i Clerk of the Circuit Court Collier County, Florida Finance & Accounting Department MEMORANDUM Date: 01/17/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period January 11, 2003 through January 17, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. L1 \ N Ql N N O � w 0 0 ro a Q1 z 0 X C m C O b z M m w w O M a .. a O PQ r a w o Q 11 m N 7 X c C C U m w a 1617. a w a a £ a o w £ w a o a u� a a w m w w k m w w❑ a a c� a ~ w a w a a a m u E] a w w w H w w w m W] -£ a u 1z-1 W 114, r z fa W W m a E E w w rl w m m vi z r w w m m a a w a a w w W w I❑ a w. £ a a o 5£ a z,£ a a w 3 a a w cir m o h a s a s a> a a a H w a m E, a z £ O LL m W a a a m a s a z C7 w w L m a E 0 a a. a s W m 0 kl a £ E a a >1 m Q K a' m a 'W' W a v W 0 H z Ct. m w E U 5 z u u O F F a oz o w E H w w w w w w E mw w z o w w ° w vi m€ ry u° ❑ p u ,�! U£ ❑z a F, z xx E a a z w x w u a H u w F x a w a £ a 0. 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O. . . . . . . . . . . . . - - - 0 - - - - - - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 UJ .'.40: Q r u . . . . . . . . . . . . ro ro m u w �D U o U � Q a •• a 4 01 �n N � W 1611 Clerk of the Circuit Court Collier County, Florida RECEIVE J611 MAR 1 7 2003 80ird of County Commissioners Finance & Accounting Department MEMORANDUM Date: 03/14/03 Board of County Commissioners From: Constance C. Murray, General Operations Manager Finance Department /Clerk to the Board Re: Board of County Commissioners Disbursements Please find attached a listing of the disbursements for the Board of County Commissioners for the period March 8, 2003 through March 14, 2003. In accordance with Florida Statutes, Chapter 136.06(1) I request that these reports be included as miscellaneous correspondence to the Board of County Commissioners and made part of the official records. If you have any questions regarding this correspondence, please telephone me at 774- 8481. 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Correspondence Agenda Date Agenda Item # RECEIVED MAR 2 4 2003 Aoird of COUAt,Y (Ommissioners DATE: March 21, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. FIDDLER'S CREEK COMMUNTIY DEVELOPMENT DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District, has submitted the following: (a) Minutes of January 22, 2003 Meeting (b) District Map Thank you lspeciahspecial _ T�. Fiddler's Creek Community Development ment District #2161 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 Date: March 5, 2003 Memo: Clerk of the Circuit Court Finance Depart. c/o Derrick Johnssen 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 3200 Tamiami Trail North, #200 Naples, FL 34103 -4108 From: James P. Ward, Manager RECEIVED MAR 10 2003 FINANCE DEPT RE: January 22, 2003 Minutes of Meeting Enclosed for your records is a copy of the above reference minutes of the Meeting of the Fiddler's Creek Community Development District, which are to be kept on file for public access. GLM /jmr Encl. 111 AI[NUTES OF MEETING k )LER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District #2 was held on Wednesday, January 22, 2003 at 9:36 a.m. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present and constituting a quorum were: Clifford (Chip) Olson George R. Schmelzle Arthur (Art) Woodward Q. Grady Minor Randy Byrnes Also present were: James P. Ward Anthony Pires Terry Cole Carey Garland Al Love Dorothy Hirsch Peggy Schmitt P.E. Brougham Ron Ingersoll Phil McFarland James Tadra Gunbritt McFarland Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Manager Attorney Engineer Fishkind & Associates Resident Resident Resident Resident Resident Resident Resident Resident FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matters A . Oath of Office for Newly Elected Supervisors Mr. Ward, being a Notary Public of the State of Florida, administered the Oath of Office to Mr. Woodward, Mr. Brynes, Mr. Olson and Mr. Minor and the signed oaths are attached hereto and made a part of the public record. January 22, 2003 1611 Fiddler's Creek C.D.D. #2 B. Resolution 2003 -16 Canvassing and Certifying the Results of a Landowners Election Mr. Ward stated in Section 1, it will show Mr. Schmelzle with 500 votes, Mr. Woodward will 500 votes, Mr. Olson with 300 votes, Mr. Minor with 300 votes and Mr. Brynes with 300 votes. In Section 2, it will show Mr. Schmelzle and Mr. Woodward holding four -year terms. Mr. Olson, Mr. Minor and Mr. Brynes holding two -year terms. The resolution is in order and recommended for your consideration. On MOTION by Mr. Olson seconded by Mr. Minor with all in favor Resolution 2003 -16, Canvassing and Certifying the Results of the Landowners Election was adopted. The record will reflect that Mr. Schmelzle has joined the meeting. Mr. Ward, being a Notary Public of the State of Florida, administered the Oath of Office to Mr. Schmelzle and the signed oath is attached hereto and made a part of the public record. C. Resolution 2003 -17 Ratifying Past Actions of the Board Mr. Ward stated subsequent to the first landowners meeting we ask the Board to ratify all prior actions of the Board since the initial board members are named in a petition and not elected pursuant to a landowners elections. Resolution 2003 -17 ratifies and approves all of the Board's actions evidenced by Resolutions 2003 -1 through 2003 -16. It is in order and recommended for your consideration. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor Resolution 2003 -17 Ratifying Past Actions of the Board was adopted. TB1RD ORDER, OF BUSINESS Approval of the Minutes of the December 2, 2002 Meeting Mr. Ward stated that each Board member received a copy of the minutes of the December 2, 2002 meeting and requested any additions, corrections or deletions. Mr. Minor stated on page seven in the fourth and sixth paragraphs Mr. Olson made both those statements. On page 10 in the third paragraph, on page 13 F, January 22, 2003 Fiddler's Creek C.D.D. #1 6 1 in the fourth paragraph and on page 15 in the first and third paragraph I made those statements. Mr. Strain stated on page 18 the sixth line from the top should read, "... pay at the time of SDP application, but..." and in the eighth line STP's should be changed to SDP. On MOTION by Mr. Schmelzle seconded by Mr. Mi with all in favor the minutes of the December 2, meeting was approved. FOURTH ORDER OF BUSINESS Public Hearings B. Imposition of Special Assessments 1. Discussion of Assessment Methodology Mr. Ward stated Mr. Cole will go through his engineer's report, and then Mr. Garland will go through the assessment methodology. Following their presentations, we will open the meeting for any public comments. Mr. Cole stated Table 2 gives a summary of the infrastructure being constructed within the District. The elements included are roadway, utilities, earthwork & clearing, stormwater management, roadway lighting, landscaping, security, wetland mitigation & monitoring, off -site improvements, and contingencies. We have also included an inflation factor of 3% per year. The grand total is $79,206,000. Mr. Minor stated last time you mentioned combining Phases 1A and 1B. Mr. Cole stated the developer plans on splitting them apart, but they are formulating how they are going to do that. Mr. Brynes stated you have 12,200 lineal feet for irrigation. Is that going to be enough? Mr. Cole responded that is the main lines for irrigation within the roadways. It is not for the individual tracts. Mr. Garland stated the methodology report outlines the assessments the District is going to be levying to support the bonds. Without these assessments there is no opportunity to issue the bonds. The courts have outlined two requirements for assessment methodologies. The property must receive a special benefit and that the assessments are fairly and reasonably apportioned amongst 3 January 22, 2003 '` 4 Yy Fiddler's Creek C.D.D # 11 µ ` the different properties. The level of assessments must fully amortize the bonds and pay for the administrative costs associated with putting the assessments on the tax roll. Table 1 is a summary of the anticipated development program that the District is going to construct after parts of the infrastructure program is in place. Table 2 is a summary of the infrastructure costs. Table 3 is the estimate of the bonds that will be required to fund a construction of $79 million, and we end up with a par debt of $118.4 million. Table 4 is the roadway and related allocations. The roadway related items are allocated amongst the development based on trips. The debt allocation is on a per unit basis. Table 4 is for the non - roadway related items. These items are allocated on the basis of ERUs. The standard ERU for single family is a value of one and multifamily has a value of .5. Commercial is sent up where 1,500 square feet is equal to one ERU. Table 6 combines the roadway and non - roadway related debt. Table 7 breaks it out for an annual assessment at 8% over 30 years, shows the allowance for discounts and fees and the total assessment required to amortize the bonds and pay for the fees. There are a few changes in the report. The commercial property of 71,000 square feet has been adjusted to 50,000 square feet. We changed the commercial trips from 23.01 to 10.73. We took 25% of the trips and allocated them internally to the community and the other 75% is external. This is the result of a discussion with the traffic engineer and looking at where the commercial property is in the development. Most of the trips will come from U.S. 41. The commercial ERUs were shifted from .3 to .001. Previously we did not have enough information from the developer and estimated the calculation. The developer submitted the information required and .001 is the appropriate ERU designation for commercial property for the non - roadway portion of the CIP. The report is complete and ready for your review and approval. Mr. Minor stated on Table 5 your ERU per unit is 1 for single family and .5 for multifamily. How do you figure that a multifamily is half? Mr. Garland stated that is a calculated number and I estimated that number myself. 11 January 22, 2003 Fiddler's Creek C.D.Dib I 2. Public Comment and Testimony Mr. Ward stated the meeting is now open for any public comment and testimony. Mr. Brougham stated in the operating budget for District #1 the irrigation supply which is potable water expends a total of approximately $406,000. For District #2 have they included plans for reclaimed or recycled water or is it potable water as well? Mr. Cole responded the plans for District #2 envision ultimately having irrigation pump houses provided from on -site sources and effluent when it becomes available from Collier County. It is possible there may be a temporary situation where potable water is used for irrigation, but that is not the ultimate plan. Mr. Brougham stated the expense is included in the development infrastructure plan. Mr. Cole stated that is correct. Mr. Brougham asked are their any expenses that will flow from the bond issue for District #2 development down to the District #1 property owners? Mr. Garland responded I don't anticipate any assessments from the bonds for District #2 being assessed against District #1 residents. Mr. Brougham asked could there be some additional expense in the end operating budgets? Mr. Ward responded as we move into the future, both Districts will go through a process in the winter months to allocate the expenses of the one community between the two districts. I suspect there will be some economies by operating the Districts in that fashion. Mr. Brougham stated that will flow from the additional approved units in District #2 and we will have a lot more property owners to divide the expense by. Mr. Ward stated that is correct. Ms. Schmitt stated there is a proposal to switch two parcels of approximate equal acreage from District #2 to District #1 or vice - versa. What are the fiscal impacts on District #1? Is that going to increase our assessments? 5 January 22, 2003 Fiddler's Creek C.D.D. Mr. Ward responded I will be happy to answer that question for you at the end of the meeting during audience comments. We need to keep the public comments related to the special assessment for District #2 only. On MOTION by Mr. Minor seconded by Mr. Schmelzle with all in favor the public hearing was closed. 3. Equalization of Assessments Mr. Ward stated the Statute requires the Board to sit as an Equalization Board if and to the extent you heard public comment or testimony that requires you to equalize these assessments different from what was presented by Mr. Garland. Since you have heard none, it is not necessary to sit as an Equalization Board. 4. Adoption of Resolution 2003 -19 Mr. Ward stated Resolution 2003 -19 by title, "A RESOLUTION AUTHORIZING DISTRICT PROJECTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITTED BY SUCH PROJECTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTERS 170 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION OF ISSUE SPECIAL ASSESSMENT BONDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE." We will make two changes to the resolution. One is in Section 7 in paragraph A. It references the December 2, 2002 report. We will amend this resolution to include the special assessment methodology report dated January 22, 2003 and attach it as Exhibit B to the report. In paragraph D of Section 7 the last sentence will be deleted. This resolution levies the non ad valorem assessments on the property within the District. It indicates you are adopting both the methodology and engineer's report that were presented on December 2, 2002 and modified as necessary at today's meeting. It confirms your intent to issue special assessment bonds in order to pay for this infrastructure and provides for the method of R January 22, 2003 Fiddler's Creek C.D.1 #6 1 payment through the use of the uniform collection method for purposes of collecting these assessments. n MOTION by Mr. Olson seconded by Mr. ith all in favor Resolution 2003 -19 was adopl A. Expressing the District's Intent to Levy, collect and Enforce non Ad Valorem Assessments Mr. Ward stated Resolution 2003 -18 by title, "RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 32 EXPRESSING ITS INTENT TO UTILIZE THE UNIFORM METHOD OF LEVYING, COLLECTING AND ENFORCING NON AD VALOREM ASSESSMENTS WHICH HEREINAFTER MAY BE LEVIED BY THE DISTRICT IN ACCORDANCE WITH THE PROVISIONS OF CHAPTER 197.3632 F.S.; AND PROVIDING FOR AN EFFECTIVE DATE." At your organization meeting I asked the Board to authorize staff to advertise a public hearing pursuant to Chapter 197 of the Statutes. This Statute allows governmental agencies to utilize the constitutional offices of the property appraiser and tax collector to levy taxes, including the non ad valorem assessments we utilize within the districts. Four weeks of notice of this public hearing has been advertised in accordance with the Statute. The Board is required to adopt the resolution which indicates your intent to utilize that procedure. You are not required to use the services of the property appraiser and tax collector, but if you choose to do so this public hearing and this resolution is required. If you adopt the resolution it will set in process a procedure where we will notify the Department of Community Affairs, the property appraiser and tax collector in Collier County. Staff will then negotiate an agreement with the property appraiser and tax collector to allow us to place our non ad valorem assessments on the tax bills. Under the law there is one issue that will be negotiated and that is the fee you pay for those services. It is generally a standard fee and in Collier County is it generally 2% for the property appraiser and 1% for the tax collector. They have the ability on a yearly basis to chance that based upon the cost of their operation. The resolution is required to be adopted before January 1" of each year so this will 7 January 22, 2003 61 t 'R Fiddler's Creek C. #2� set in place your ability to utilize the property appraiser and tax collector for the November 2004 tax bills that go out. Mr. Minor opened up the public hearing for any comment or testimony relating to this resolution. On MOTION by Mr. Minor seconded by Mr. Schmelzle' with all in favor the public hearing was closed. Mr. Ward stated the resolution is in order and recommended for your consideration. On MOTION by Mr. Olson seconded by Mr. Minor with all in favor Resolution 2003 -18 was adopted. FIFTH ORDER OF BUSINESS Consideration of Certain Documents Related to the Issuance of Bonds Mr. Ward stated this item will come back when we get closer to the date of issuance of bonds. SIXTH ORDER OF BUSINESS Consideration of Resolution 2003 -20 Requesting Collier County for the Optional Powers as Outlined under Chapter 190, Florida Statutes Mr. Ward stated in the Statute there are five or six optional powers that allow Boards the ability to exercise those optional powers and they include security, parks, waste control, mosquito control, construction of schools and the construction of fire and EMS facilities. This resolution indicates that we are going to be requesting Collier County to amend your ordinance to allow you to establish, acquire, construct or operate parks and facilities and security facilities only. The resolution does not bind the Board to the implementation of those services, but gives you the ability to do that. As a part of your assessment proceeding there is infrastructure included within that report related to these optional powers so in order to implement those services the resolution is in order and is recommended for your consideration. n January 22, 2003 Fiddler's Creek C.D.D 126 On MOTION by Mr. Olson seconded by Mr. Byrnes with all in favor Resolution 2003 -20, Requesting Collier County for the Optional Powers as Outlined under Chapter 190, Florida Statutes was adopted. SEVEN'I`I-I ORDER OF BUSINESS Ranking of Engineering Firms Mr. Ward stated we received one proposal from Hole Montes & Associates from our advertisement for requests for proposals as outlined in the process we utilize for selecting engineering firms. The Consultants Competitive Negotiations Act requires us to rank the engineering firms, not based on price, based on the proposals received. Then you can authorize staff to begin the process of negotiating an agreement with Hole Montes for the provisions of those services. If you choose to rank this company number one, the agreement will follow the agreements you have seen before for Fiddler's Creek outlining the general business terms and rates we will pay for the services provided by the company. Mr. Minor stated Mr. Cole has done a wonderful job for us in Fiddler's Creek and he is very familiar with what needs to be done in a District. Mr. Olson stated I agree, but why didn't more businesses submit proposals. Mr. Ward stated we do advertise in the newspaper and if the firms are very busy we may only get one. On MOTION by Mr. Minor seconded by Mr. Olson wi all in favor Hole, Montes & Associates was ranked no. and staff was authorized to bring back an agreement at future meeting. EIGHTH ORDER OF BUSINESS Staff Reports A . Attorney Mr. Pires stated the Notice of Establishment of the District was recorded in the public records. The bond validation action was filed and a hearing is scheduled for February 18, 2003. Mr. Minor stated we refer to this as District 2. Is it Arabic two or Roman Numeral two? Mr. Pires stated number sign ( #) Arabic two (2). Z January 22, 2003 Fiddler's Creek C.D.D. #2 B. Manager There not being any, the next item followed. C. Engineer Mr. Cole stated I worked with Mr. Garland to review the assessment report regarding the basis for traffic counts and rates, and I am reviewing documents on behalf of the developer. NINTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Byrnes stated at the last meeting we requested a copy of the Directors and Officers Liability Insurance Policy. Mr. Ward stated we have not received it as of yet. Ms. Schmitt stated there is a proposal to switch two parcels of approximate equal acreage from District #1 to District #2. What are the fiscal impacts on District #1? Will the operations and maintenance budget be affected by this? Mr. Ward responded it will not have a fiscal impact on either district. The intent is to square off the boundaries of both districts. The line went through the middle of the subdivisions so the intent is to move either the villages or subdivisions into one of the districts. A resident asked earlier about whether there will be in impact of adding District #2 to the operating and maintenance budget. It should have a positive impact on the overall operation of the districts in the future. Mr. Mills asked are there any expenses at all that will impact District #1? Mr. Ward responded when you have more than one district over what is turning out to be one large community, generally you end up with two districts trying to operate as if it is one district; thereby the districts can increase the levels of efficiency and lower the cost of both districts. I am sure costs will be shared between the two districts, but the intent is to increase service levels and decrease costs between the two districts. That will be evaluated by the Boards each year as a part of their budgetary process. For District #2 I am not sure we will have much to do before November 2004 so the summer of 2004 is when this Board will take a look at that budget process. District #1 will also look at that budget to see if 10 January 22, 2003 61 Fiddler's Creek C.D. #2 it is appropriate at that time to combine the operations for efficiency purposes and cost sharing at that point. Mr. Mills asked is it worthwhile for us to get the minutes from District #2 so we know we all heading in the same direction? Mr. Ward responded I will be glad to do that. Mr. Brougham asked since you have two independent Boards is there anything mandating that the Boards work together? Mr. Ward responded not mandate, but when it comes to providing services within one community that has two districts it is very efficient. I have several where there is one community and two districts. Mr. Brougham stated we hope that the two Boards will be able to work together. Mr. Ward stated I am sure they will. TENTH ORDER. OF BUSINESS Adjournment On MOTION by Mr. Minor seconded by Mr. Brynes with) all in favor the meeting was adjourned at 10:20 a.m. Jamed P. Ward, Secretary 11 Cliffo Olson, Chairman 1611 AGENDA FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 Wednesday Club & Spa at Fiddler's Creek January 22, 2003 3470 Club Center Boulevard 9:30 a.m. Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Resolution 2003 -16 Canvassing and Certifying the Results of the Landowners Election C. Resolution 2003 -17 Ratifying Past Actions of the Board 3. Approval of the minutes of the December 2, 2002 Meeting 4. Public Hearings A. Expressing the District to Levy, Collect and Enforce Non Ad Valorem Assessments B. Imposition of Special Assessments 1. Discussion of Assessment Methodology 2. Public Comment and Testimony 3. Equalization of Assessments 4. Adoption of Resolution 2003 -19 5. Consideration of Certain Documents Related to the Issuance of Bonds 6. Consideration of Resolution 2003 -20 Requesting Collier County for the Optional Powers as Outlined under Chapter 190, Florida Statutes 7. Ranking of Engineering Firms 8. Staff Reports A . Attorney B. Manager C . Engineer 9. Supervisor's Requests and Audience Comments 10. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. NO. 2 JAMES WARD 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052301 58576508 NOTICE OF LANDOWNERS State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/16 12/23 AD SPACE: 124.000 INCH FILED ON: 12/23/02 Signature of Affiant Sworn to and Subscribed bgfgre meitW day of _ 200,> Personally known by me xp 1611 92�- Oath of Office I, Q. Grady Minor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District #2 and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District #2, Collier County, Florida. Q. Grady Minor Date Sworn to (or affirmed) before me this 22nd Day of January, 2003 by Q. Grady Minor whose signature appears hereinabove. James P. Ward ' y COMMISSION # CC864934 EXPIRES December 19, 2003 BONDED THRU TROY FAIN INSURANCE, INC. Q Nota Public State of Florida es P 4A� Print Name My Commission expires 1z AC1 —03 Personally known ✓ or produced identification Type of identification 1611 Oath of Office I, Clifford Olson, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District #2 and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District #2, Collier County, Florida. Date Sworn to (or affirmed) before me this 22nd Day of January, 2003 by Clifford Olson whose signature appears hereinabove. ;4�" "•" James P. Ward ._ MY COMMISSION 8 CC864934 EXPIRES December 19, 2003 ^` bo Nt -f D THRU ?ROY PAIN MISURANCE INC. My Commission expires 19 x003 Type of identification r4t,,,,14 GV Not Public tate of Florida Jet -PARS P (4) 60 Print Name My Commission expires 19 x003 Type of identification r4t,,,,14 16111, Oath of Office I, Arthur Woodward, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District #2 and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District #2, Collier County, Florida. r Anr'Woodwai4K Date Sworn to (or affirmed) before me this 22nd Day of January, 2003 by Arthur Woodward whose signature appears hereinabove. NfNR/1AO?Una Not Public State of Florida £OOZ 6l jagweago rooe S3 (3 h£6698JJ NOISSWVWO:)AW llki.rie/ J095 0 i-OA4 Print Name My Commission expires /;k - Icy_a3 Personally known il" or produced identification Type of identification I]= Oath of Office I, Randy Byrnes, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District #2 and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District #2, Collier-County, Florida. y Byrnes /- Date Sworn to (or affirmed) before me this 22nd Day of January, 2003 by Randy Byrnes whose signature appears hereinabove. 7NI IJNVdnSNI N@i AOU n4H1 03aNO9 £ooZ "61 iagwa�aQ BUM K099DD # NOISSiwwoD AN •' Not ry Public State of Florida p�oM d saws =;►s; A;,: Print Name My Commission expires 1 -{ 03 Personally known /'- or produced identification Type of identification 1611' Oath of Office I, George Schmelzle, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District #2 and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District #2, Collier County, Florida. - .. �6� Ge rgei t melzle R. / -aa -�� Date Sworn to (or affirmed) before me this 22nd Day of January, 2003 by Schmelzle whose signature appears hereinabove. Notary Public State of Florida rwM, " Print Name My Commission expires DIANA L. TURNER Notary Public, State of Florida Personally known /or produced identification 1 1 My Comm. Exp. August #, 2006 .!r;;!!' Comm No. DD 140280 Type of identification 161 RESOLUTION 2003 -16 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing five Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held January 22, 2003 at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2; 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: George Schmelzle 500 Votes Arthur Woodward 500 Votes Clifford Olson 300 Votes Grady Minor 300 Votes Randy Byrnes 300 Votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: George Schmelzle four (4) year term Arthur Woodward four (4) year term Clifford Olson two (2) year term Grady Minor two (2) year term Randy Byrnes two (2) year term 161? 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 22nd DAY OF JANUARY, 2003. Cli Olson, Chairman &z a e., � 2 A M J, e 1, �t Z--V1 JanAs P. Ward, Secretary RESOLUTION 2003 -17 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 RATIFYING AND APPROVING CERTAIN BOARD ACTION EVIDENCED BY RESOLUTIONS 2003 -1 THROUGH 2003 -16 ADOPTED AT A DULY ADVERTISED MEETING OF THE BOARD OF SUPERVISORS ON DECEMBER 2, 2002 AND ALL OTHER ACTIONS TAKEN BY THE BOARD 161 WHEREAS, the Fiddlers Creek Community Development District #2 hereafter referred to as District in accordance with the provisions of chapter 190 Florida Statutes did hold its organizational meeting on December 2, 2002 and did proceed to organize by the election of Clifford Olson as Chairman, George Schmelzle as Vice Chairman, Grady Minor, Arthur Woodward and Randy Byrnes as Assistant Secretaries, James P. Ward as Secretary and Treasurer, Anthony Pires as Registered Agent and his office address as Registered Office of the District and to appoint certain District staff members; and WHEREAS, said Board did call for the Landowners Meeting to be held on January 22, 2003; and WHEREAS, having conducted said Landowners Meeting at which time five Board Members were elected; and WHEREAS, it is the desire of the newly elected Board to retain the officers and staff selected at the December 2, 2002 meeting and to ratify the other Board action as represented in Resolutions 2003 -1 through 2003 -16, copies of which are a part of the official District minutes. NOW, THEREFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2; 1. Resolutions 2003 -1 through 2003 -16 and all other actions taken by the Board are hereby ratified and approved and shall remain in full force and effect until modified by appropriate Board action. PASSED AND ADOPTED THIS, 22ND DAY OF JANUARY, 2003. %!mot/ Jam s P. Ward Secretary 1 Clif lson Chairman NAPLES DAILY NEWS Published Daily Naples, FL 34102 Affidavit of Publication State of Florida County of Collier Before the undersigned they serve as the authority, personally appeared B. Lamb, who on oath says that they serve as the Assistant Corporate Secretary of the Naples Daily, a daily newspaper published at Naples, in Collier County, Florida; distributed in Collier and Lee counties of Florida; that the attached copy of the advertising, being a PUBLIC NOTICE in the matter of PUBLIC NOTICE was published in said 2 time(s) in the issue on December 20, 27, 2002 Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida; distributed in Collier and Lee counties of Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. ( Signature of affiant) Sworn to and subscribed before me 7t day of January, 200 Signature of notary public) r ^,� 1611 w z N J � O iQy V AA j ate; zwz PUBLIC NOTICE PUBLIC NOTICE PUBLIC NOTICE NOTICE OF PUBLIC HEARING TO CONSIDER ADOPTION OF A NON -AD VALOREM ASSESSMENT ROLL. AND LEVY OF NON -AD VALOREM SPECIAL ASSESSMENTS The FIDDLER'S CREEK COMMUNITY DEVELOPMENT, DISTRICT #2 Board of s? Supervisors will hold a public hearing of 9;30 a.m.; January 22, 2003 at the Club & 0 "Cliib`'Ceritetr Boulevard, Naplis, Florida., to consicYer Spa at Fiddler's Creek, 347 the adop im of anon -ad valorem assessment roll and the levy of non -ad valorem special assessments on certain specially benefited lands within the boundary and jurisdiction of the Fiddler's Creek Community Development District #2.,( "District"), a depiction of which lands is shown below. These lands are generally described as bound by future sections of Fiddler's Creek to the east, the existing and ,established Fiddler's Creek Community' Development #1 to the west, U. S. 41 to the north,-and future, sections of Fiddler's' Creek to the south, containing approximately 999 acres in Collier County, Florida-; as defined more specifically in the Engineer's Report on file at the office of the District Manager, Severn Trent Services, Inc., 210 North University Drive, Suite 800, Coral Springs, Florida 33071. The purpose of the levy of the assessments is to provide special and peculiar benefits to the property owners from certain community 'systems, facilities, ;j services and other infrastructure using the revenue from the assessments to "repay bonds used to construct or to maintain such infrast ructure. The proposed schedule of the assessment includes up to thirty (30) annual, installments, which S may be prepaid. The amount of the assessments is listed in the Preliminary Assessment Methodology Report. The District will ask the Collier County Tax Collector to collect the non -ad valorem assessments -on the November tax notice for purposes of fairness, accountability and efficiency. All affected owners of- property within the boundary and jurisdiction of the. District have the right tar. appear at the public hearing and the right further to file written objections within_ twenty (20) days of the publication of this notice, filing the objections at the above _referenced address for the office of the District,Manager.. If anyone chooses to appeal any decision of the Board with respect to any matter considered at the hearing, such person will need a record of th proceedings and should ensure accordingly that la verbatim record of th proceedings is made which includes the testimony, and -any: information evidence upon which such appeal is to be based. This public hearing may b continued to a date and time certain. Fiddler's Creek Community Development District #2 Preliminary Assessment Roll Folio # Owner Acreage Par Debt 00741160209 951 Land Holdings, Ltd. • •139.18 $16,499, 00736640006 951 Land Holdings, Ltd. 31.81 3,771,0 00741600002 951 Land Holdings, Ltd. 10.00 1 +185,4 00741120003 DY Land Associates Ltd. 242.54 28 +752,7 00741160102 DY Land Associates Ltd. 258.18 30,606,8 00763880509 DY Land Associates Ltd. 283.16 33,568,1 00736720007 GB Peninsula, Ltd. 82.73 9,807,5 00736880303 GB Peninsula, Ltd. 81.74. 9,690,1 00741280008 GBPeninsula, Ltd. 20.00 2,370,9 00741320007 GB Peninsula, Ltd. 20.00 2,370,E 00741640004 GB Peninsula, Ltd. 20.00 2,370,5 00741760104 GB Peninsula, Ltd. 18.74 2;221,: 1,208.08 $143,216,( Naples Daily News ,f Naples, R 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. NO. 2 JAMES WARD 210 N UNIVERSITY DR #702 CORAL SPRINGS rL 33071 REFERENCE: 052301 58577523 RESOLUTION 2003 -13A State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County,. Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/20 12/27 AD SPACE: 252.000 INCH FILED ON: 12/27/02 Signature of Affiant _ sworn to and subscribed Personally known by me me Ibi 4a� day of Fob R ,�. Donna Chasney �r AAy Commis io, DDOS6336 ':w VIP" E?pirasSsptennberli,2005 RESOLUTION 2003 -13 !!! cost �u­n -,,..... . sments shalt be levied to defray t of Improvements. nature of the Impprovements more oilyy described in the plong50 Encore Wov, n le at Hole Mollies, Inc., Florida 34110. general Iocatlon of the Improve - Is shown on the plans and specifications. L estimated cost of the Improvements Is 12,000 (hereinafter referred to as the " Estl- Cosy'). iS,OAssessments which nc udes �theav£stimproxlmaCtelY financing related cost a capitalized interest, �rvlce reserve and coRnoen%- manner in which the Assessments be mode Is contained within a report to wit: :meat Methodology Report, dated December available at the offices of Hole Monies, Inc., ncore Way, Naples, Florida 34110, and the Dis- Manager, 210 North University Drive, Suite broi Springs, Florida 3307E Assessments shall be' levied on all nd lands, within the District which are odjoln- nd contiguous or bounding and abutting upon mprovemerns or speciallY benefited thereby urlher,designated om file assessment plat re- �� ee file with Hole Monies,.: Inc., _ 1-,h" e D strict Manager is hereby and directed to cause to be made a assessment roll, as promptly as 20 Qa h all show. the lots and lands arse! unt" of benefit to and the assessment Int nr parcel of land and the number I ' paid in not more coon mlrw unnuul II.�.....,.�... Wr;, yable at the some time and In the some manner ais are ad- valorem taxes and as prescribed by Chapter 197, Florida Statutes (2001); provided, how- ever that in the event the non ad- valorem assess - gnenf method of collecting the Assessments is not vailable to the District In any year or the District determines not to utilize the provlsfons of Chapter 197, F.S. the Assessments may be collected as is otherwise permitted by law. 11.Upon completion of the preliminary as- sessment roll the Board shall adopt a subsequent resolution to fix a time and place of which the own ers of property to be assessed or any other per; sons I ere thereln may appear before the, Board and be he as to the propriety and odvisa, bility of the assessments or the making of the Im- provemerds the cost Mereof the manner of pay -; ent therefore; or The omouni thereof to be assess, ed against each property as Improved: 12 .The Dl ct Manager is hereby directed to cause this resolution To be published twice in 0: newspaper of general circulation within Collle5 Cou PASS D AND:ADOPTED, this 2nd day:of Dece„ mber, 2002 j 0 161? RESOLUTION NO. 2003 -19 A RESOLUTION AUTHORIZING DISTRICT PROJECTS; EQUALIZING, APPROVING, CONFIRMING, AND LEVYING SPECIAL ASSESSMENTS ON PROPERTY SPECIALLY BENEFITTED BY SUCH PROJECTS TO PAY THE COST THEREOF; PROVIDING FOR THE PAYMENT AND THE COLLECTION OF SUCH SPECIAL ASSESSMENTS BY THE METHOD PROVIDED FOR BY CHAPTERS 170 AND 197, FLORIDA STATUTES; CONFIRMING THE DISTRICT'S INTENTION TO ISSUE SPECIAL ASSESSMENT BONDS; PROVIDING FOR SEVERABILITY, CONFLICTS AND AN EFFECTIVE DATE BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 AS FOLLOWS: SECTION 1. AUTHORITY FOR THIS RESOLUTION. This Resolution is adopted pursuant to Chapters 170 , 190 and 197, Florida Statutes. SECTION 2. FINDINGS. The Board of Supervisors (the "Board ") hereby finds and determines as follows: (a) The Fiddlers Creek Community Development District #2 (the "District ") is a local unit of special - purpose government organized and existing under and pursuant to Chapter 190, Florida Statutes, as amended of the State of Florida (the "State "). (b) The District is authorized under Chapter 190, Florida Statutes, to construct roads, water management and control facilities, water and wastewater systems and other infrastructure projects to serve lands within the District ( "projects "). (c) The District is authorized by Chapter 170, Florida Statutes, to levy special assessments to pay all, or any part of the cost of such projects and, to issue special assessment bonds payable from such special assessments as provided in Chapters 190 and 170, Florida Statutes. (d) It is necessary to the public safety and welfare that (i) the District provide the projects, the nature and location of which are described i n Resolution No. 2003 -13 and more specifically described in the plans and specifications on file at the offices of Hole Montes, Inc., 950 Encore Way, Naples, Florida 34110, (ii) the cost of such projects be assessed against the lands specially benefitted by such projects, and (iii) the District issue bonds to 1 am provide funds for such purposes pending the receipt of such special assessments. (e) The provisions of said projects, the levying of such special assessments and the sale and issuance of such bonds serves a proper, essential, and valid public purpose. (f) In order to provide funds with which to pay the costs of the projects which are to be assessed against the benefitted properties pending the collection of such special assessments, it is necessary for the District to sell and issue its Bonds, Series 2003 (the "Bonds "); and (g) By Resolution No. No. 2003 -13 adopted by the Board of the District, the Board determined to provide the projects and to defray the cost thereof by making special assessments on benefitted property and expressed an intention to issue the bonds to provide the funds needed for the projects prior to the collection of such special assessments. Resolution No. 2003 -13 was adopted in compliance with the requirements of Section 170.03, Florida Statutes, and prior to the time the same was adopted, the requirements of Section 170.04, Florida Statutes had been complied with; and (h) As directed by Resolution No. 2003 -13, said resolution was published as required by Section 170.05, Florida Statutes, and a copy of the publisher's affidavit of publication is on file with the Secretary of the Board of Supervisors of the District; and (i) As directed by Resolution No. 2003 -13, a preliminary assessment roll was prepared and filed with the Board of Supervisors as required by Section 170.06, Florida Statutes, and (j) As required by Section 170.07, Florida Statutes upon completion of the preliminary assessment roll, the Board adopted Resolution No. 2003 -14 fixing the time and place of a public hearing at which owners of the property to be assessed and other persons interested therein may appear before the Board and be heard as to (i) the propriety and advisability of making the improvements, (ii) the cost thereof, (iii) the manner of payment therefore, and (iv) the amount thereof to be assessed against each parcel specially benefitted property and providing for the mailing publication of notice of such public hearing; and (k) Notice of such public hearing has been given by publication and by mail as required by Section 170.07, Florida Statutes, and affidavits as to such 0) 1611 publication and mailing are on file in the office of the Secretary of the Board; and (1) At the time and place specified in the resolution and notice referred to in paragraph (k) above, the Board met as an Equalization Board, conducted such public hearing and heard and considered all complaints as to the matters described in paragraph (j) above, and based thereon, has made such modifications in the preliminary assessment roll as it deems desirable at this time; and (m) Having considered the costs of the projects, revised estimates of financing costs and all complaints and evidence presented at such public hearing, the Board of Supervisors of the District finds and determines: (i) that the estimated costs of the projects is as specified in Exhibit "A" hereto and the amount of such costs is reasonable and proper; (ii) it is reasonable, proper, just and right to assess the cost of such projects against the properties specially benefitted thereby using the methods determined by the Board of Supervisors, which will result in special assessments to be set forth on a final assessment roll to be adopted by the Board of Supervisors at the time when the final project costs, structure and interest rate on the bonds to be issued by the District are known; it is hereby declared that the projects will constitute a special benefit to all parcels of real property to be listed on said final assessment roll and that the benefit, in the case of each such parcel, will be in excess of the special assessment thereon; (iii) it is desirable that the special assessments be paid and collected as herein provided and SECTION 3. AUTHORIZATION OF DISTRICT PROJECTS. The projects described in Resolution No. 2003 -13 as more specifically described by the plans and specifications on file at the offices of Hole Montes, Inc., 950 Encore Way, Naples, Florida 34110, are hereby authorized and approved and the proper officers, employees and agents of the District are hereby authorized and directed to take such further action as may be necessary or desirable to cause the same to be made following the issuance of the bonds referred to herein. SECTION 4. ESTIMATED COST OF IMPROVEMENTS. The total estimated costs of the projects, and the costs to be paid by special assessments on all specially benefitted property are set forth in Exhibit "A" hereto. K, 161' SECTION 5. APPROVAL AND CONFIRMATION OF ASSESSMENT METHODOLOGY. The special assessment methodology set forth in the preliminary assessment roll previously adopted by this Board is hereby approved and confirmed. The special assessment or assessments against each respective parcel to be shown on such final assessment roll and interest and penalties thereon, as hereafter provide, shall be and shall remain a legal, valid and binding first lien on such parcel until paid; such lien shall be coequal with the lien of all state, county, district, municipal or other governmental taxes and superior in dignity to all other liens, titles, and claims. SECTION 6. FINALIZATION OF SPECIAL ASSESSMENTS. When all of the projects have both been constructed or otherwise provided to the satisfaction of the Board, the Board shall adopt a resolution accepting the same and determining the actual costs (including financing costs) thereof, as required by Sections 170.08 and 170.09, Florida Statutes. The District shall credit to each special assessment for projects the difference between the special assessment as hereby made, approved and confirmed and the proportionate part of the actual costs of the projects, as finally determined upon completion thereof, but in no event shall the final amount of any such special assessment exceed the amount of benefits originally assessed hereunder. In making such credits no discount shall be granted or credit given for any part of the payee's proportionate share of any actual bond financing costs, such as capitalized interest, funded reserves or bond discount included in the estimated cost of any such improvements. Such credits shall be entered in the Improvement Lien Book. Once the final amount of special assessments for all of the Improvements have been determined, the term "special assessment" shall, with respect to each parcel, mean the sum of the costs of the projects. SECTION 7. PAYMENT AND PREPAYMENT OF NON -AD VALOREM SPECIAL ASSESSMENTS AND METHOD OF COLLECTION. A. All non -ad valorem special assessments shall be payable in no more than thirty (30) annual installments which shall include interest, calculated in accordance with the Special Assessment Methodology, dated January 22, 2003, (the "Assessment Methodology Report "), prepared by Fishkind & Associates, Inc., which is incorporated herein as Exhibit B. All special assessments collected utilizing the uniform method of collection shall be the amount determined in the first sentence of this paragraph divided by 1 minus the sum of the percentage cost of collection, in necessary administrative costs and the maximum allowable discount for the early payment of taxes (currently four percent (4 %). B. The District hereby elects, under its charter and Section 197.3631, Florida Statutes, to use the method of collecting special assessments authorized by Sections 197.3632 and 197.3635, Florida Statutes. The District has heretofore timely taken, or will timely take, all necessary actions to comply with the provisions of said Sections 197.3632 and 197.3635, Florida Statues, and applicable rules adopted pursuant thereto; and, on or prior to the date on which the Bonds are issued, sold and delivered, the District shall enter into a written agreement with the Property Appraiser and Tax Collector of Collier County in compliance therewith. Such non - ad valorem special assessments shall be subject to all of the collection provisions of Chapter 197, Florida Statutes. C. Notwithstanding the foregoing, the District reserves the right under Section 197.3631, Florida Statutes, to collect its non -ad valorem special assessments pursuant to Chapter 170, Florida Statutes, and to foreclose its non -ad valorem special assessment liens as provided for by law. D. All special assessments may be prepaid, in whole at any time, or in part one time by payment of an amount equal to the principal amount of such prepayment plus interest accrued at the interest rate on the bonds to which such special assessments are pledged to the first interest payment date which is more than forty -five (45) days prior to the date of such prepayment. All special assessments are also subject to prepayment in the amounts and at the times set forth in Chapter 170, Florida Statutes; provided, however, that the owner of land subject to the Special Assessments may elect to waive such statutory right of prepayment. SECTION 8. SEVERABILITY. If any section or part of a section of this resolution be declared invalid or unconstitutional, the validity, force and effect of any other section or part of a section of this resolution shall not thereby be affected or impaired unless it clearly appears that such other section or part of a section of this resolution is wholly or necessarily dependent upon the section or part of a section so held to be invalid or unconstitutional. SECTION 9. CONFLICTS. All resolutions or parts thereof in conflict herewith are, to the extent of such conflict, superseded and repealed. 5 161 SECTION 10. EFFECTIVE DATE. This Resolution shall become effective upon its adoption. APPROVED AND ADOPTED THIS 22ND DAY OF JANUARY, 2003. James . Ward Secretary 3 Cli ord Olson Chairman 1611 " Exhibit "A" is estimated cost of the projects Exhibit "B" is the assessment methodology report II 161'. ENGINEER'S REPORT FOR DISTRICT 2 OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 IQ��':: �• •: BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 ENGINEERS: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 11869 HIGH TECH AVENUE ORLANDO, FLORIDA 32817 November 2002 W:\1993\ 1 99 3 1 3 21 1 3 202 \TrrLEPAGE &TAB LEOFCONTENTS021127.doc Hm TABLE OF CONTENTS SECTION PAGE NO. 1. INTRODUCTION 1 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 5 3. PROPOSED DISTRICT 2 INFRASTRUCTURE 10 4. OPINION OF PROBABLE CONSTRUCTION COSTS 14 5. PERMITS 26 6. APPENDIX "A" DISTRICT 2, PHASE 1 27 -30 TABLES TABLE 1 - LAND USE SUMMARY 3 TABLE 2 - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE DISTRICT INFRASTRUCTURE 15 TABLE 2A - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE -ROADWAY AND NON ROADWAY RELATED ITEMS 16 TABLE 3 - DESCRIPTION OF DISTRICT INFRASTRUCTURE COMPONENTS AND OPINION OF PROBABLE COSTS 17 IIC EXHIBIT 1 - LOCATION MAP 2 EXHIBIT 2 - DISTRICT BOUNDARY AND PROPERTIES SERVED 6 EXHIBIT 3 - PUD ZONING AND PHASING LIMITS 7 W 31993 \1993132\ 13202\ TrrLEPAGE &TABL.EOFCONCENTS021127.dce 1. INTRODUCTION 1.1 Description of the Fiddler's Creek Community 1611 Fiddler's Creek Community Development ( "District 2 ") is a proposed 998.794 acre master planned residential community located in Maples, Florida within Collier County, Florida (See Location Map - Exhibit 1). Along with the existing Fiddler's Creek Community Development ( "District 1 "), District 2 will be fully amenitized and will offer a maximum of 6,000 residential units for the entire project. District 2 will include single - family detached, patio and zero lot line, duplexes, single - family attached and townhouse, and multi - family dwellings; commercial areas; one 18 -hole golf course, a stormwater management system; full utility infrastructure; landscaped roadways; gated entries; and landscaped perimeter berms. A land use summary for District 2 is shown in Table 1. District 2 is proposed in order to construct, operate, and maintain the necessary infrastructure to service a portion of the Fiddler's Creek community which lies within the District 2 boundaries. The Fiddler's Creek Community Development District 2 will be developed in phases in response to market demands. Five phases of major infrastructure construction are anticipated. The expected phasing is as follows: PHASE EXPECTED YEAR OF COMPLETION lA 2004 113 2005 2 2006 3 2007 4 2008 W_\1993\ 1993132\ 13202\PH3ENGRREPOR"21127F[NAL. DOC 1 EXHIBIT 'T' LOCATION MAP W:\1993\1993132\13202\PH3ENGRREPORTU21127ENAJ-DOC 2 161' ..' S.R. 951 COWER BOULEVARD U N U O = O n- O < o_ c� O FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore Way Na les, FL 34110 Phone: 541) 254 -2000 HOLE MONTES Florida Certificate of - Authorization No.1772 DISTRICT 2 LOCATION MAP cwo® BY: wrc/F.F. MOXCTN°` 9870 °""*' B"' �N �"° ` """'E CDD2 Env o�'E ` 03/02 oo-+�rr - , 1 1611 TABLE 1 LAND USE SUMMARY DISTRICT 2 TOTAL 1 998.7941 100.01 W: \1993\ 19931 32\ 13202\PH3ENGRREPORT021127MALDOC 3 RESIDENTIAL 431.97 43.2 COMMERCIAL 7.94 0.8 PARKS 4.67 0.4 FIDDLER'S CREEK GOLF COURSE 152.88 15.3 TENNIS CENTER 16.87 1.7 RIGHT -OF -WAY 77.96 7.8 LAKES 186.77 18.9 MISC. (Open/Easements) 119.734 11.9 TOTAL 1 998.7941 100.01 W: \1993\ 19931 32\ 13202\PH3ENGRREPORT021127MALDOC 3 1.2 Purpose and Scope of the Report 1611 The purpose of this report to provide a description of District 2 of the Fiddler's Creek community; capital improvements to be constructed and financed by District 2; and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will be developed by District 2's financial advisor. W:\ 1 9931 1 993 1 3 211 3 202\PH3ENGRREPORT021127HNAL .DOC 4 2. DISTRICT 2 BOUNDARIES AND PROPERTIES SERVED 2.1 District 2 Boundaries Exhibit 2 delineates the current boundaries of District 2. District 2 is surrounded by residential, preserve, agricultural, public and undeveloped land uses including U.S. 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses to the east; agricultural uses to the south; a public school, agricultural uses, undeveloped lands and Fiddler's Creek Community Development District to the west. 2.2 Description of Properties Served District 2 is located in Sections 11, 13, 14, and 18, Township 51 South, Range 26 & 27 East, Collier County, Florida. The existing land within District 2 consists of agricultural fields, and forested open space. The terrain is flat with elevations ranging from 3 to 4 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations may drop 2 to 3 feet. The entire property within District 2 is zoned "Planned Unit Development" (PUD) and is depicted as such on Exhibit 3. In addition, Exhibit 3 delineates the phasing limits. WA 199311993132113202 1PH3ENGRREPORT02i 127FINAL.DOC 5 1611 "" EXHIBIT "2" DISTRICT 2 BOUNDARY PROPERTIES SERVED W 31993\ 1993132 \13202TH3ENGRREPORT021127MAL. DOC lWillill wiiiim AM HOLE MONTES f NGINE RS • PLANNERS - SIWORS 950 Encore Way - Naples, Florida 34110 - Phone: 239.254.2000 - Fax 239254.2099 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 LEGAL DESCRIPTION: HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 1 of 7 A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 11, 13 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND A PORTION OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, ALL IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89 055'46 "E. ALONG THE NORTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 4,688.27 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF US 41 (TAMIAMI TRAIL) A 200 FOOT RIGHT -OF -WAY; THENCE RUN S.54 °21'29 "E. ALONG THE SOUTHERLY RIGHT -OF -WAY OF SAID US 41, FOR A DISTANCE OF 3,793.58 FEET; THENCE RUN S.35039'17"W., FOR A DISTANCE OF 162.92 FEET; THENCE RUN S.34 059'08 "W., FOR A DISTANCE OF 37.84 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.60 °09'23"W., A DISTANCE OF 62.84 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 32.84 FEET, THROUGH A CENTRAL ANGLE OF 25 °46'26 ", SUBTENDED BY A CHORD OF 28.03 FEET AT A BEARING OF S.42043'50"W., FOR A DISTANCE OF 28.27 FEET TO A POINT ON A CIRCULAR "URVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.34 °57'42 "E., A DISTANCE DF 227.26 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 227.26 FEET, THROUGH A CENTRAL ANGLE OF 44 °48'54 ", SUBTENDED BY A CHORD OF 173.26 FEET AT A BEARING OF S.32 037'51 "W., FOR A DISTANCE OF 177.75 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 201.23 =EET, THROUGH A CENTRAL ANGLE OF 42 °41'03 ", SUBTENDED BY A CHORD OF 146.47 FEET AT A SEARING OF S.31 °33'56 "W., FOR A DISTANCE OF 149.91 FEET TO THE END OF SAID CURVE; THENCE RUN S.55 058'37 "W., FOR A DISTANCE OF 21.55 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S.63°20'1 9"W., A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, LAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 83 046'36", SUBTENDED BY A CHORD OF 200.30 FEET AT A BEARING OF S.15013'37"W., FOR A DISTANCE OF 219.33 FEET TO A 'DINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS V.84 °53'30 "W., A DISTANCE OF 195.23 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE %RC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 195.23 FEET, THROUGH A CENTRAL 4NGLE OF 34 024'31 ", SUBTENDED BY A CHORD OF 115.49 FEET AT A BEARING OF S.22 °18'46 "W., =OR A DISTANCE OF 11725 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; FHENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF ?00.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °51'40 ", SUBTENDED BY A CHORD OF 152.63 =EET AT A BEARING OF S.17 005'11 "W., FOR A DISTANCE OF 156.60 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT BEARS S.79 °32'28"W., A DISTANCE OF 86.55 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID -URVE TO THE LEFT, HAVING A RADIUS OF 86.55 FEET, THROUGH A CENTRAL ANGLE OF 171048'26", SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF S.83 038'15 "W., FOR A DISTANCE OF 259.54 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, NHOSE RADIUS POINT BEARS S.87 °40'45 "W., A DISTANCE OF 71.65 FEET THEREFROM; THENCE J1I991n79980701CDD DISTRICT'2\CDD2LEGALDE -'aU TION.&C EXHIBIT a n 29 UK; 31l�t rV. 1711 1611 HM PROJECT #1998070 12/4!2002 REF. DWG. #A -1425 PAGE 4 of 7 ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 51.18 FEET, THROUGH A CENTRAL ANGLE OF 22 053'59', SUBTENDED BY A CHORD OF 20.32 FEET AT A BEARING OF S.41 °38'47"W., FOR A DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 80 011'31 ", SUBTENDED BY A CHORD OF 182.30 FEET AT A BEARING OF S.13 °00'01 "W., FOR A DISTANCE OF 198.07 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S.62 °5T42 "W., A DISTANCE OF 221.41 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 221.41 FEET, THROUGH A CENTRAL ANGLE OF 10 °10'21 ", SUBTENDED BY A CHORD OF 39.26 FEET AT A BEARING OF S.21 °57'07 "E., FOR A DISTANCE OF 39.31 FEET; THENCE RUN N.77046'12"W., FOR A DISTANCE OF 239.43 FEET; THENCE RUN N.88051'53"W., FOR A DISTANCE OF 636.47 FEET; THENCE RUN S.45053'28"W., FOR A DISTANCE OF 58.20 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS S.66002'35"W., A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 119 °47'34', SUBTENDED BY A CHORD OF 259.54 FEET AT A BEARING OF S.35056'21"W., FOR A DISTANCE OF 313.62 FEET TO THE END OF SAID CURVE; THENCE RUN S.07 °24'26 "E., FOR A DISTANCE OF 32.73 FEET; THENCE RUN N.71 008'30 "W., FOR A DISTANCE OF 278.51 FEET; THENCE RUN N.49 °32'33W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.73°21'57"W., FOR A DISTANCE OF 121.18 FEET; THENCE RUN N.47048'15'W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.62056'36 "W., FOR A DISTANCE OF 260.80 FEET; THENCE RUN S.67 °49'42'W., FOR A DISTANCE OF 55.38 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.70023'14"W., A DISTANCE OF 60.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 29 033'16% SUBTENDED BY A CHORD OF 30.61 FEET AT A BEARING OF N.34 °2324"W., FOR A DISTANCE OF 30.95 FEET TO THE END OF SAID CURVE; THENCE RUN N.49 °10'02"W., FOR A DISTANCE OF 79.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 16047'51", SUBTENDED BY A CHORD OF 64.27 FEET AT A BEARING OF N_40046'06"W., FOR A DISTANCE OF 64.50 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 45 °48'11 ", SUBTENDED BY A CHORD OF 23.35 FEET AT A BEARING OF N.09028'050W., FOR A DISTANCE OF 23.98 FEET TO THE END OF SAID CURVE; THENCE RUN N.13 026'00 "E., FOR A DISTANCE OF 25.35 FEET TO RUN BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 134 °11'52", SUBTENDED BY A CHORD OF 175.02 FEET AT A BEARING OF N.53039'55W., FOR A DISTANCE OF 222.51 FEET TO THE END OF SAID CURVE; THENCE RUN S.59014'09'W_, FOR A DISTANCE OF 95.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 155.00 FEET, THROUGH A CENTRAL ANGLE OF 70 °01'59 ", SUBTENDED BY A CHORD OF 177.88 FEET AT A BEARING OF N.85 044'52 "W., FOR A DISTANCE OF 189.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 36 °36'21 ", SUBTENDED BY A CHORD OF 163.30 FEET AT A BEARING OF N.69 °02'03 "W., FOR A DISTANCE OF 166.11 FEET TO THE END OF SAID W. \1998U998W0 CDD MSMCP 21CW2LEGA1DES0UVT10N -J«: UK: 3111 ru: ji1O HM PROJECT #1998070 12/4/2002 REF_ DWG. #A -1425 PAGE 5 of 7 CURVE; THENCE RUN N.87 °20'14 "W., FOR A DISTANCE OF 76.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY H A ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, CENTRAL ANGLE OF 80 017'08 ", SUBTENDED BY A CHORD OF 38.68 FEET AT A BEARING OF N-4701 1'40"W., FOR A DISTANCE OF 42.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.07003'06"W., FOR A DISTANCE OF 61.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG-THE ARC OF SAID A CENTRAL ANGLE OF CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, 62 °31'37 ", SUBTENDED BY A CHORD OF 62.28 FEET AT A BEARING OF N.38018'54"11V., FOR A DISTANCE OF 65.48 FEET TO THE END OF SAID CURVE; THENCE RUN N_69 °34'43"W., FOR A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 116-44-05 CE OF SUBTENDED BY A CHORD OF 170.29 FEET AT A BEARING OF S.52 003'15 "W., FOR A 203.74 FEET TO THE END OF SAID CURVE; THENCE RUN N.55053'04'W., FOR A DISTANCE OF HOSE RADIUS 315.24 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, W POINT BEARS N.23 050'44 "W., A DISTANCE OF 70.00 FEET THEREFROM; E 70. RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING M RADIUS THENCE FEET, THROUGH A CENTRAL ANGLE OF 47 °56'15 ", SUBTENDED BY A CHORD OF 56.87 FEET AT A BEARING OF N.42 011'08 "E., FOR A DISTANCE OF 58.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 46 °13'15 ", SUBTENDED BY A CHORD OF 133.45 FEET AT A BEARING OF N.04 053'37 "W., FOR A DISTANCE OF 137.14 FEET TO THE END OF SAID CURVE; THENCE RUN N.2800914"W., FOR A DISTANCE OF 88.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 60 036'360, SUBTENDED BY A CHORD OF 252.30 FEET AT A BEARING OF N_58 °18'32 "W., FOR A DISTANCE OF 264.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 036'51 "W., FOR A DISTANCE OF 147.41 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 103058'48", SUBTENDED BY A CHORD OF 94.55 FEET AT A BEARING OF S.39 °23'46"W., FOR A DISTANCE OF 108.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 35 043'08 ", SUBTENDED BY A CHORD OF 122.67 FEET AT A BEARING OF S.05 015'56 "W., FOR A DISTANCE OF 124.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 47 °59'49 ", SUBTENDED BY A CHORD OF 109.81 FEET AT A BEARING OF S.00 °52'24 "E., FOR A DISTANCE OF 113.09 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 052'19 "E., FOR A DISTANCE OF 39.34 FEET; THENCE RUN S.89 040'18 "W., FOR A DISTANCE OF 193.51 FEET; THENCE STANCE RUN N.13 °18'01 "E., FOR A DISTANCE OF 14.29 FEET; THENCE RUN N.74 °11'31 "W., FORA DISTANCE OF 69.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 77 011'31 ", FOR A DISTANCE OF SUBTENDED 9.45 FEET TO THE END OF SAID CURVE; THENCE RUN N 03 00'00 "E., FORA DISTANCE OF 60-69 269.45 FEET W_V1998\I998W0NCDD DISTRICT 2YCDD2LEGALDESCFtJ"'ON'dm OR: 3174 PG: 3479 E[iil HM PROJECT #1998070 12!4/2002 REF. DWG. #A -1425 PAGE 6 of 7 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 91 °37'44 , SUBTENDED BY A CHORD OF 50.20 FEET AT A BEARING OF N.42 °48'52"W., FOR A DISTANCE OF 55.97 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °37'44"W., FOR A DISTANCE OF 109.05 FEET; THENCE RUN S.84057'36"W., FOR A DISTANCE OF 58.87 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 109 047'150, SUBTENDED BY A CHORD OF 73.63 FEET AT A BEARING OF S.30003'58"W., FOR A DISTANCE OF 86.23 FEET TO THE END OF SAID CURVE; THENCE RUN S24 049'40 "E., FOR A DISTANCE OF 92.45 FEET; THENCE RUN S.19 °45'17 "E., FOR A DISTANCE OF 120.70 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 37 °39'13 ", SUBTENDED BY A CHORD OF 12.91 FEET AT A BEARING OF S.00 °55'41 "E., FOR A DISTANCE OF 13.14 FEET TO THE END OF SAID; THENCE RUN S.17 °53'56"W., FOR A DISTANCE OF 49.67 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 7002821", SUBTENDED BY A CHORD OF 92.31 FEET AT A BEARING OF S.17 020'15 "E., FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE RUN S.52 034'25 "E., FOR DISTANCE OF 25.66 FEET; THENCE RUN S.77039'49"W., FOR A DISTANCE OF 931.61 FEET; THENCE RUN N.00 °25'58"W., FOR A DISTANCE OF 2,870.69 FEET; THENCE RUN N.2605722"W., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.26 °57'22"W., A DISTANCE OF 709.89 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 709.89 FEET, THROUGH A CENTRAL ANGLE OF 15 023'22 ", SUBTENDED BY A CHORD OF 190.10 FEET AT A BEARING OF S.7004419"W., FOR A DISTANCE OF 190.68 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE RUN N.00 026'31 "W. ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 495.62 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST; THENCE RUN N.88020'44"W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 692.50 FEET; THENCE RUN N.52 052'011N., FOR A DISTANCE OF 173.23 FEET; THENCE RUN S.37 °07'59"W., FOR A DISTANCE OF 123.46 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14; THENCE RUN N.88 °20'44W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 2,557.19 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14; THENCE RUN N.00 002'07 "E. ALONG THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,389.88 FEET TO A POINT ON THE SOUTH LINE OF SECTION 11, TOWNSHIP 51 S., RANGE 26 E. COLLIER COUNTY FLORIDA; THENCE RUN N.8800643"W. ALONG THE SOUTH LINE OF SAID SECTION 11, FOR A DISTANCE OF 590.35 FEET; THENCE RUN N.01 043'02 "E., FOR A DISTANCE OF 1,493.79 FEET; THENCE RUN S.88 009'55 "E., FOR A DISTANCE OF 1274.00 FEET; THENCE RUN S.88 009'46 "E., FOR A DISTANCE OF 1374.52 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 11; THENCE RUN N.01 013'54 "E. ALONG THE WEST LINE OF EAST ONE HALF OF THE SOUTHEAST ONE QUARTER AND ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 1,860.10 FEET; W.kj"&\j"86761CDD DISTRICT 2\CDD2LEGALDESCRIPTION.Joc VA. Jl1 Z t v. v-=vv HM PROJECT #1998070 12/4/2002 REF_ DWG. #A -1425 PAGE 7of7 THENCE RUN S.88 046'12 "E., FOR A DISTANCE OF 518.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.88 032'40 °E., A DISTANCE OF 350.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 37 °05'11', SUBTENDED BY A CHORD OF 222.61 FEET AT A BEARING OF N.17 005'16 "E., FOR A DISTANCE OF 226.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.3503T51 "E., FOR A DISTANCE OF 214.87 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41; THENCE RUN S.54 021'53 "E. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41, FOR A DISTANCE OF 807.97 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 11; THENCE RUN S_01 °00'06"W. ALONG THE EAST LINE OF SAID SECTION 11, FOR A DISTANCE OF 3,308.61 FEET, TO THE POINT OF BEGINNING; CONTAINING OR 1,009.700 ACRES, MORE OR LESS. LESS AND EXCEPT: A PARCEL OF LAND LOCATED IN A BEING MORE SECTION 14, TOWNSHIP 51 SUTH, DESCRIBED ASOOLLOWSNGE 26 EAST, COLLIER COUNTY, FLORIDA, BE THE NORTHEAST 6 1/4 E THE NORTHEAST COUN4TY, FLORIDA,TCONTAINING 10. SECTION 14, TOWNSHIP 51 ACRES,, MORE OR SOUTH, RANGE 26 EAST, COLLIER LESS. W: \1998 \1999U7o\IDD DISTRICT 2\CDD2LEGALDESCAIP'n0N -Joy- S.R. 951 COWER BOULEVARD U N U O = o a o < FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore way Na les. FL 34110 Phone: 941) 254 -2000 HOLE g Florida Certificate of Dt�RSt'Low-SAttm Authorization No.tn2 DISTRICT BOUNDARY AND PROPERTIES SERVED W.T.c.�:F. PROJECT .io DRA*N BY : .►oH CAD ME HWL EX-1 DATE : 03/02 oaae�T - ndl MMT 2 EXHIBIT 1131' PUD ZONING PHASING LIMITS WA 1993\ 1993132\ 13202 \PH3ENGRREPORT021127FINAL.DOC % J v r4l Yw yk 196 *ws a2ib' mnoa 83n-103 1611' W H W W Uw N w �D O Z n V N x N W O O FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore Way cmaD �' PROUECT "O' ft I. Fl.- U,io PUD ZONING XT.G/F.F. 199W70 Phone: F941$ 254 -2000 AND WAY" By: CAD FU NAME Florida Certificate of fm CW2 « -3 + Authorization No.1772 PHASING LIMITS DATE nro2 EXHOT "EM W W Q < Q w w W W W a a a a s N M t Wm Q Q Q V Q a a a a a J v r4l Yw yk 196 *ws a2ib' mnoa 83n-103 1611' W H W W Uw N w �D O Z n V N x N W O O FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore Way cmaD �' PROUECT "O' ft I. Fl.- U,io PUD ZONING XT.G/F.F. 199W70 Phone: F941$ 254 -2000 AND WAY" By: CAD FU NAME Florida Certificate of fm CW2 « -3 + Authorization No.1772 PHASING LIMITS DATE nro2 EXHOT "EM 161: 2.3 Existing Infrastructure District 2 is located within the Collier County Water -Sewer District which will provide water, wastewater and irrigation water services to the project. The Collier County Board of County Commissioners serve as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the project will be provided by connection to and extension of existing County Water -Sewer District water mains. There are existing 12" diameter water mains located along Fiddler's Creek Parkway, Sandpiper Drive and Club Center Boulevard within Fiddler's Creek Community Development District 1 areas. In addition, water connections will be made along U.S. 41. Potable water will be provided by the Collier County Regional Water System. Wastewater from the community will be collected within the site and transported by force main to existing facilities within District 1 and along U.S. 41. The wastewater is ultimately pumped via force main to the South County Regional Wastewater Treatment Facility. Irrigation water service will ultimately be provided by the County Water -Sewer District as reclaimed water becomes available from the South County Regional Wastewater Treatment Facility and from the proposed stormwater irrigation utility. Until the County Water -Sewer District is able to provide adequate reclaimed water from the South County Regional Wastewater Treatment Facility (and, if necessary in the future, to supplement the service), on -site irrigation water storage and pumping facilities will also be provided by District 1 when permitted. W:\1 993\ 1993132\ 13202 \PH3ENGRREPORT021127F1NAL.DOC MO District 2 is located within the McIlvane Bay watershed. Existing runoff from District 2 will flow via proposed lakes, storm drainage pipes and County drainage canals to state preserve lands to the south. The preserve lands discharge into McIlvane Bay which is a tidal system. District 2 is adjacent to one major roadway arterial which is U.S. 41 to the north. District 2 will have two major connections to U.S 41. District 2 is located within the franchise areas of Florida Power and Light, and Sprint Telephone Service. Cable service is available from various providers. These utilities provide electrical power, telephone service, and television cable to District 2. In summary, all utilities are available to the property or will be during the development of the infrastructure. W:\ 1993\ 1993132\ 13202 \PH3ENGRRF_PORTO21127F1NA -DOC 9 PROPOSED DISTRICT 2 INFRASTRUCTURE The District 2 infrastructure will generally consist of the following: 3.1 Roadways 3.2 Utilities 3.3 Earthwork and Clearing for Stormwater Management 3.4 Stormwater Management Facilities 3.5 Roadway Lighting 3.6 Landscaping 3.7 Security 3.8 Wetland Mitigation and Monitoring 3.9 Off -Site Improvements 3.1 Roadways M*w The roadways within District 2 will consist of 2 -lane undivided and 4-lane divided sections. The roadways will serve the various land uses within District 2 and will connect to existing roadways within District 1 of Fiddler's Creek and with U.S. 41. The roadways will be constructed within platted rights -of -way. It is currently estimated that 7.6 miles of roadway will be constructed. The roadways will be constructed of stabilized subgrade, limerock base, asphalt paving, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways will be designed and constructed in accordance with appropriate Collier County and PUD Standards. In addition, a golf cart tunnel will be included in the proposed Roadway component. The tunnel will be constructed to facilitate the crossing of proposed golf cart paths under Club Center Boulevard. Also, four (4) bridges will be included in the roadway component. All of the bridges will be constructed to cross existing and proposed County drainage canals. w: \1993\1993132\ 13202 \PH3ENGRREPOR"21127RNAL..DOC 10 16f1 3.2 Utilities The utilities within District 2 will consist of potable water, wastewater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the water and wastewater facilities will be conveyed by District 2 to the Collier County Water -Sewer District for ownership, operation, and maintenance after completion of construction. The potable water facilities will include distribution mains with required valving, fire hydrants and water services to individual lots and development tracts. Connections to the existing County system will be made at Fiddler's Creek Parkway, Sandpiper Drive and Club Center Boulevard within the District 1 area. It is currently estimated that 49,800 lineal feet of water main will be constructed. The wastewater facilities will include gravity collection mains with individual lot sewer services, collection system pump stations, and force mains to connect to the existing Collier County facilities within the District 1 areas and U.S. 41. It is currently estimated that 34,000 lineal feet of gravity collection system, 30,000 lineal feet of force main, and thirteen (13) pumping stations will be constructed. The irrigation system will include water from lakes and/or reclaimed water; irrigation pumping facilities; and irrigation transmission/distribution mains with services for lots and development parcels. Initially potable water will be used as an irrigation source until lakes, wells, and/or reclaimed water- stormwater becomes available. The irrigation pumping facility will deliver irrigation water to users within the District. It is estimated that 50,600 Iineal feet of irrigation transmission/distribution main and 12,200 lineal feet of effluent main will be constructed. W: 11993\ 1993132\ 13202 \PH3ENGRREPORT021127FINAL.DOC 11 3.3 Earthwork and Clearing for Stormwater Management 1611 Stormwater management lakes within District 2 will be excavated and the material will be used for fill of roadways, perimeter berms, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Areas will be cleared to facilitate earthwork operations. The lakes will be excavated in accordance with the size and depth requirements of Collier County, South Florida Water Management District and the Deltona Settlement Agreement. Approximately 190 acres of lakes will be excavated resulting in approximately 5,600,000 cubic yards of fill which will be used to complete roadways, berms, development tracts and the golf course. All excavated material will remain on the site as required by Collier County requirements. 3.4 Stormwater Management Facilities The District 2 stormwater management system will consist of excavated stormwater management lakes, stabilized lake banks, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from the areas within District 2 will be collected and transported to the stormwater management -lakes for water quality treatment and water quantity storage. The stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. The stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatment, water quantity storage and flood protection. 3.5 Roadway Lighting Street lighting will be constructed along the roadways within District 2. Light poles will be spaced approximately every 160 feet along the 4 -lane sections and W.U993 \1993132\ 13202 \PH3ENGRREPORT021127FINAI -DOC 12 1611 every 160 feet along the 2-lane sections. It is currently estimated that 301 poles will be installed. Single or double luminaries will be installed as required. 3.6 Landscaping/Hardscape Landscaping will be provided for the roadways, perimeter berms, and District 2 entrances. This will include landscaping and entry monuments at the main entrances on U.S. 41. The landscaping will consist of sod, annual flowers, shrubs, ground cover, and trees. Existing native vegetation will be worked into the landscape plan where practical. 3.7 Security Security for the District 2 is proposed to be provided with gatehouses at the main entrances, perimeter berms, walls and fences, and electronic security. The manned gatehouses will monitor access to and through District 2. The community will be further secured by roving patrols and a combination of perimeter berms, walls, and fences. These facilities are landscaped to blend into the environment. Special facilities such as remote security cameras and sensors may be utilized in some areas to alert District 2 security personnel to unauthorized entry. 3.8 Wetland Mitigation and Monitoring The Wetland mitigation within District 2 will consist of the construction and planting of aquatic littoral zones and the removal of exotic plant species. 3.9 Off -Site Improvements Off -site improvements will consist of improvements to U.S. 41 including widening U.S. 41 for turn lanes and a traffic signal. WAI993\ 1993132\ 13202 \PH3ENGRREPORT021127FINALDOC 13 161 4. OPINION OF PROBABLE CONSTRUCTION COSTS • Table 2 presents a summary of the totals of probable costs for the District 2 infrastructure. A portion of the infrastructure will be financed by the Developer with the remaining infrastructure to be financed by District 2. Cost contingencies are as noted in the table. The costs are in 2002 dollars. Table 3 provides opinions of probable costs for the individual components of the District infrastructure for roadways; utilities (water, wastewater, and irrigation); earthwork and clearing; stormwater management; roadway lighting; landscaping; security; wetland mitigation and monitoring; and off -site improvements. All costs shown are in 2002 dollars. The costs for Phases IA — 4 contain an annual inflation factor of 3% from 2002 dollars to date of completion as shown on Table 2. To the subtotals, 15 percent technical services are added which includes the planning, land surveying, engineering, environmental permitting, landscape architecture, and other consulting services necessary for the design, permitting, and services during construction for the District infrastructure. The costs do not include the legal, administrative, financing, operation, or maintenance services necessary to finance, construct, and operate the District infrastructure. W: \1993 \1993132\ 13202 \PH3ENORREPORT021127RNAL.DOC 14 N W J m 1- Z O M 1— CO Z U LL O O U W 1- Q 1- W 0 Z Q W J Q W 2 I- 0 W O a O w a W H N Q oc LL Z U N F— N Y W W cc W J LL Cl) J Q 1- 0 X a m° U F 0 0 0 U 0 n 0 m m m m m m m 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 o 0 O 0 0 0 0 0 o 0 0 Cl 0 0 Cl 0 o O o 0 0 J Go M W � N n ep0 N COo n ^ p p Q O CD O O n l* n N -4 C7 O N N 60 to M� � 69 69 69 n n n O~ 69 69 69 69 O O O O O O O O O O O O O O O O O O O 69 O 69 O O O O O O O O O O O R <> O O d O N N -t O C) C` CID M M m rn � r- N M CO 69 VN COD n O N C°DG t 69 fa C: 69 � 69 Hg N aD tC) a �, to F» 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 Co 0 0 o O o 0 0 0 0 co w N h c+i CID r � O CD t?0 ao (D 0) V- v � CD cD v N aD 00 p CC) O CO) O 't ti CO 6q M n V' O O N Ct to 69 69 69 69 Cp N N 69 66% 6q a 6q M 6s O O O O O O 0 0 O O O O O 0 69 O O O Co O O O O O O O O O O O O O O O O O O O O N CD 'O tD N CD e* O M CD W O 0D CD "! 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G ui I-- CO) a LL LL 0 1611 Do O co co 0 o 'o D: C) 0 C) C) 0 C t 0 Ct (D 0 < N Co CF) to LO CO ------ (0 C9 cr) '60% C9 I-T C) 0 04 t Kr C) C) C) C) 0 Q 0 C:) 0 0 40 C9 (D LO C\l (M 0) O U) cd C9 cl) 69 69 c9) C+j �c 4GO31 (D 0 C) C) 0 0 N Ct q (D co (0 (0 C) — CD r� o cc 69 'Ga 469 CM -C a- C) C) C) 0 G9 lot C� OD C.J (a 0 0 649, 0 C-4 (a 0 O Ir IL CD CD 0 0 0 —0 L.L C: 0 Z < :3 0 Lo 1611 Do O co co 0 o 'o D: PERMITS The following permits are required prior to the start of infrastructure construction: s • State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval. Collier County zoning approval. • Dredge and Fill by the United States Army Corps of Engineers. • Florida Department of Environmental Protection (FDEP) Water and Wastewater. • South Florida Water Management District Surface Water Management and Water Use. • Environmental Protection Agency NPDES. • Local development orders (Collier County). • Florida Department of Transportation (FDOT) permit for entrances on U.S. 41. The District Engineer will certify that all permits necessary to complete the project have either been obtained or, in its expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. W:\1993\1993132\13202\PH3ENGRREPORT021127FINAL.DOC 26 APPENDIX "A" 1611 ENGINEER'S REPORT PHASE 1A OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 PREPARED FOR: BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 ENGINEERS: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 11869 HIGH TECH AVENUE ORLANDO, FLORIDA 32817 NOVEMBER, 2002 W:\1993\ 1993132\ 13202 UPMENGRREppRT021127FINAL.DGC 27 1. MRODUCTIO N 1611 This report supplements the original District Engineer's report for District 2 of the Fiddler's Creek Community Development District by providing a description of the Phase IA improvements. The original Engineer's Report includes a description and opinion of costs for the infrastructure necessary to complete the entire Fiddler's Creek project. The following supplemental report describes the infrastructure and opinion of costs necessary to complete Phase IA of the project. 2. THE PHASE 1A PROJECT 2.1 The location of Phase IA is shown on Exhibit 1. The infrastructure construction within Phase 1A will begin in 2003. Phase 1A is described in the original Engineer's Report and will be funded by the District through one or more special assessment bonds. Phase I will generally consist of the following: 0 Roadways • Utilities • Earthwork and Clearing • Stormwater Management • Roadway Lighting • Landscaping • Security • Wetland Mitigation and Monitoring • Off -site Improvements A detailed description of each infrastructure category is shown in the original Engineer's Report. 2.2 Opinion of Costs An opinion of costs for Phase IA is given in Table 1. The costs shown are based upon the Engineer's Opinion of Costs. A 3% annual inflation factor has been added for two years (from 2002 to date of completion (2004)). The total cost for Phase IA is estimated to be $18,941,000.00. W: \1993\ 1993132\ 13202 \PH3ENGRREPORT021127FINAL.DOC 28 1611'" 23 Permits The following permits are required prior to the start of infrastructure construction: • State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval. • Dredge and Fill by the United States Corps of Engineers • Florida Department of Environmental Protection (FDEP) Water and Wastewater • South Florida Water Management District Surface Water Management and Water Use • Environmental Protection Agency NPDES • Local Development Orders (Collier County) 0 Collier County zoning approval The District Engineer will certi%',tltat- aMl -pe =ts' necessary. to complete Phase IA have either been obtained or, in its expert opinion, will be obtained and that there is no reason to believe that the necessary permits cannot be obtained for the entire development. W:11993\ 1993132\1 3202 \PH3ENORREPORT021127F[NALDOC 29 MS. TABLE I OPMON OF PROBABLE COSTS _ FIDDLER'S CREEK CDD INFRASTRUCTURE DISTRICT 2, PHASE lA WORK ITEM COST Roadway $1,734,666.00- Utilities $3,248,000.00 Earthwork and Clearing $7,799,000 00 Stormwater Management $1,149,000.00 Roadway Lighting $285,000 00 Landscaping $1,966,000 00 Securi y Wetland Mitigation and Monitoring $0.00 $49,000 00 Off Site Improvements $000 Contingencies $1,623,000.00 Subtotal $17,$53,000.00 Inflation Factor (3% per year to year of completion) $18,941,000.00 GRAND TOTAL $18,941,000.00 W. \1 993\ 1993132\ 13202 \PH3ENGRREPORT021127FINAL.DOC 30 161 ADOPTED MASTER ASSESSMENT METHODOLOGY FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT II Presented January 22, 2003 Prepared for the Board of Supervisors of The Fiddler's Creek CDD II Prepared by Fishkind & Associates, Inc. 11869 High Tech Avenue Orlando, Florida 32817 407 - 382 -3256 Fishkind.Com ADOPTED MASTER ASSESSMENT METHODOLOGY FOR THE FIDDLER'S CREEK COMMUNUITY DEVELOPMENT DISTRICT II January 22, 2003 1.0 Introduction 1.1 Purpose 161?. This report provides a Master Assessment Methodology ( "Methodology ") for the Fiddler's Creek Community Development District II ( "District "). The Methodology described here has two goals: (1) quantifying the special benefits to properties in the District that are derived as a result of the installation of infrastructure facilities and (2) equitably allocating the costs incurred by the District to provide these benefits to properties in the District. The District has adopted a master Capital Improvements Program (CIP) that will allow for the development of property within the District. The District plans to fund this CIP through debt financing. This debt will be repaid from the proceeds of assessments levied by the District. The levy will take the form of non -ad valorem special assessments that will be liens against properties within the boundary of the District that receive special benefits from the Capital Improvement Program. The Methodology herein allocates this debt to properties based upon the special and peculiar benefits each property receives from the infrastructure program according to the reasonable and fair apportionment of the duty to pay for these levied assessments. The Methodology is designed to conform to the requirements of Chapters 170, 190, and 197, F.S. with respect to special assessments and is consistent with our understanding of the case law on this subject. 1.2 Background The Fiddler's Creek Community Development District II encompasses approximately 999 gross acres and is located within Collier County, Florida. The Collier County Board of Commissioners has approved the DRI for the land within the District, thereby granting consent to develop these lands. The development plan envisions the continuation of the Fiddler's Creek community ( "Development ") a luxury, master planned, community consisting of over 3,000 acres. 1611. 1.3 Special Benefits and General Benefits Improvements undertaken by the District create both special benefits and general benefits. However, these general benefits to the public at large are incidental in nature and are readily distinguishable from the special benefits which accrue to property within the District. The CIP of the District enables properties within its boundaries to be developed. Without the District's CIP there would be no infrastructure to support development of land within the District. Without these infrastructure improvements, development of property in the District would be prohibited by law. There is no doubt that the general public and property owners outside the District will benefit from the provision of District infrastructure. However, these are incidental to the District's infrastructure program which is designed solely to meet the needs of property within the District. Properties outside the District do not depend upon the District's improvement program to obtain, or to maintain, their development entitlements. This fact alone clearly distinguishes the special benefits which District properties receive compared to those properties lying outside of the District's boundaries. 1.4 Requirements of a Valid Assessment Methodology Valid special assessments under Florida law have two requirements. First, the properties assessed must receive a special benefit from the improvements paid for via the assessments. Second, the assessments must be fairly and reasonably allocated to the properties being assessed. If these two characteristics of valid special assessments are adhered to, Florida law provides wide latitude to legislative bodies, such as the District's Board of Supervisors, in approving special assessments. Indeed, Florida courts have found that calculating the special benefit with mathematical perfection is probably impossible. Only if the District's Board was to act in an arbitrary, capricious, or grossly unfair fashion would its assessment method be overturned. A third requirement is that the assessments levied must be set at a level such that they fully amortize the bonds and pay for the administrative costs associated with the assessments. 1.5 Use of Specific Numbers within the Tables of the Master Methodology Great diligence has been used to define the components of the Development Program defined in Table 1 and the estimated bond sizes shown in Table 3. The development program and the bond amounts 4 1617 shown are subject to change. They are used within this report to illustrate the application of the algorithms and principles used in the Methodology. If and when the District issues bonds or other debt instruments to finance infrastructure, one or more supplemental reports will be produced. The supplemental report(s) shall describe the specific size and terms of the bonds or other debt being issued. The supplemental report(s) will also apply the algorithms and principles set forth in this Methodology to determine the specific assessments required to repay the amounts being borrowed given the then current development program. 1.6 Overview of the Assessment Methodology The master assessment program consists of four steps. First, the project's engineer determines the costs of the infrastructure program. Once the infrastructure program has been defined, the District can choose to finance all or a portion of those costs. Second, the par value of the bonds required to finance the infrastructure costs is determined. Third, the par value of the bonds required to finance the infrastructure costs is allocated to the properties within the District based on an estimate of the benefit each property receives. At this point, per unit assessments are determined. Fourth, administrative costs are estimated and added to the per unit assessments to yield a total assessment. 2.0 Finance Plan 2.1 Master Development Program Gulf Bay, the developer of the Fiddler's Creek community has defined the "Development Program" for the District. The Development Program is the set of vertical development units that are anticipated within the District. The Development Program includes various types of Single Family Detached homes, Multifamily homes, and commercial space. Table 1 (appendix) details the Development Units that will receive benefit from the CIP. This Development Program may change from time to time as market conditions may necessitate. 2.2 Capital Improvement Program The District Engineer has identified certain infrastructure that may be provided by the CDD and has provided a cost estimate of that infrastructure. The infrastructure required and the costs associated with this infrastructure are called the Capital Improvement Plan ( "CIP "). Details of the CIP can be found in the District's Engineering Report dated November 2002. Table 2 of this Methodology summarizes the CIP. '43 1611 "' 1 2.3 Capital Improvement Program as a System of Development The District engineer has identified the components of the Capital Improvement Program. The CIP supports the build out of the entire Development Program. And each element of the CIP is designed to support the entire Development Program. By example, the water management system was not designed to handle the runoff requirements of just one home, it was designed as a integrated water management system capable of fulfilling the water management needs of many homes. This is true for each element within the CIP. The roads have been designed to provide vehicular circulation for all of the Development Units currently planned. Likewise, the sanitary sewer system has been designed to handle the needs of not just one home but all of the units within the planned Development Program. It is also true that each Development Unit will benefit from each element of the CIP. Taken together, the CIP provides a bundle of benefits to each Development Unit. When the CIP is considered in its entirety the CIP is considered a total system of infrastructure improvements that provides the basic support for the build out of the Development Program. The CIP anticipated by the District is considered a multi -year construction program. As a practicality, most multi -year infrastructure programs are constructed in phases. These phases are usually devised so that the management and financing of the construction are performed in coordination with the sell -off of a building program similar to the Development Program outlined for the District. Under such a phasing plan, each phase of the total system is designed to be functional and confer special benefits to the landowners without the subsequent phases having to be in place. Therefore, the first phase of a multi -phase capital improvement program can be financed independently of the subsequent phases and each subsequent phase can be financed independently of the previous phases. Therefore, the District can levy assessments for the repayment of each financed phase of the CIP. The numerical example in the Methodology considers the condition where the CIP is built or acquired in its entirety and all of the Development Units currently planned are built. But it is the intention of the District to finance and build the Capital Improvement Program (system) in phases. The District will also assess the landowners for the repayment of each, financed or partially financed infrastructure phase. 2.4 Bond Requirements The District intends to finance the CIP by issuing bonds. These bonds will be issued in one or more series. A number of items comprise the final bond size requirements. These items may include but are not limited to M 161?. capitalized interest, a debt service reserve, underwriter's discount, financing contingencies, issuance costs, and rounding. For purposes of, this Methodology allowances have been made for a financing contingency, capitalized interest, a debt service reserve, issuance costs, underwriter's discount, and rounding. An estimate of the bonds required to fund the CIP can be found in Table 3. As the finance plan is implemented the financial advisor will issue a supplemental assessment report detailing the particulars of a specific bond issue. The supplemental report will detail the terms, interest rates, and costs associated with a specific series of bonds. The supplemental report will also detail the level of funding for the following accounts: these accounts include but are not limited to, the accounts for capitalized interest, debt service reserve, underwriter's discount, issuance costs, and the acquisition and construction fund account. 3.0 Assessment Methodology 3.1 States of Development It is useful to consider three distinct states or conditions of development within a community. The initial condition is the "undeveloped state ". At this point the infrastructure may or may not be installed but none of the home sites or other buildings have been produced. This condition normally exists when the infrastructure program is financed prior to any development. In the undeveloped state all of the lands within the District receive benefit from the CIP and all of the land within the District would be assessed to repay the bonds. These assessments would be calculated on an equal acre basis. The second condition is "on -going development ". At this point the installation of infrastructure has begun. Additionally, the Development Program (home sites, condominiums, commercial space, etc.) has started to take shape. As components of the Development Program are completed, as evidenced by a plat, they are assigned specific assessments in relation to the calculated benefit that each Development Unit receives from the infrastructure program. The balance of the unplatted land continues to be assessed on an equal acre basis. The third condition is the "completed development state ". In this state the entire Development Program has been platted or otherwise defined. The total par value of the bonds is assigned as specific assessments to each of the Development Units within the Development Program. 5 3.2 Fiddler's Creek 11 and its Relationship to Other Districts 1611 It is not unusual for the landowners within a community development district to receive benefit from infrastructure developed outside of the district's boundaries without the concomitant responsibly to pay for said infrastructure though non ad valorem assessments. Most landowners within a district benefit from the road system leading to or going by the district. By example, the landowners within the Pelican Marsh CDD (PMCDD) (Collier County, Florida) benefit from U.S. 41 without being assessed for the pre- existing portion of the road that runs along the western boarder of the PMCDD. The portions of U.S. 41 that existed prior to the PMCDD were financed independently of the PMCDD. The landowners within the PMCDD do not pay community development district assessments associated with the pre- existing road. Similarly, portions of Sandpiper Drive and Club Center Blvd. existed prior to the creation of the Fiddler's Creek CDD 11. These roads were originally designed and built for the benefit of the landowners within the Fiddler's Creek CDD. Indeed, it is the landowners of the Fiddler's Creek CDD that are being assessed for the financing of existing portions of these roads. These assessments are valid and were sized to fully amortize the financing associated with these road segments (along with other additional infrastructure). While landowners within the Fiddler's Creek CDD II will receive benefit from the previously build road segments, they will not be assessed for the financed capital costs to build those road segments. Instead, the landowners within the Fiddler's Creek CDD 11 will be assessed for only the new portions of Sandpiper Drive and Club Center Blvd. that are being designed, financed, and built within the boarders of the Fiddler's Creek CDD 11. These assessments, as outlined within this Methodology, will fully amortize the costs to finance and construct the new portions of these roads as well as the remaining items in the Capital Improvement Program for the Fiddler's Creek CDD II. After the additional roadway is built (as with all of the roads being built within the Fiddler's Creek CDD II) the landowners within the Fiddler's Creek CDD will have access to and will benefit from their construction. This benefit will be received without the responsibility to pay for the financing of the road. Therefore by rule, the landowners within the Fiddler's Creek CDD are being assessed for the construction of the roads within the Fiddler's Creek CCD. The landowners within the Fiddler's Creek CDD 11 are being assessed for the construction of the roads within the Fiddler's Creek CDD II. It is recognized that landowners within the adjoining district will receive benefit from the roads built within the "other" district, but there will be no requirement to be assessed for this benefit. In the Financial Advisor's opinion this rule is fair, reasonable, and not capricious. C. 161 3.3 Benefit Allocation The infrastructure program consists of roadways, utilities, landscaping, security, wetland mitigation, and water management components. The benefit allocation is a fair and reasonable estimation of the benefit each Development Unit receives from the CIP. For the purposes of this analysis, we have divided the infrastructure into two categories, Roadway infrastructure and Non - roadway ( "Other ") infrastructure. An estimation of the benefit conferred to each Development Unit within the Development Program by the roadway costs associated with the CIP can be derived by determining the volume of trips generated by each unit within the District. This can be accomplished by using standardized trip rates. The Institute of Traffic Engineers generates standardized trip rates. The Trip Generation (manual) 6t' Edition is the industry standard for determining reference trip rates for various vertical Development Unit types. Table 4 details the trip rates associated with each Development Unit within the Development Program. Table 4 also details the estimation of the roadway benefits received by each Development Unit due to the CIP. It is reasonable to allocate the roadway benefits on the basis of trips since the level of roadway use by each Development Unit can be estimated by this standard. The commercial portion of the Development Program is planned for retail space. The standardized trip rate for retail space is defined as 42.92 average daily trips per 1,000 square feet of space. Based on information supplied by the District's Engineer and the traffic engineer for the community, it has been determined that the vast majority of these trips will occur on U.S. 41 as shoppers outside of the District come to and leave from the planned retail establishments. For the most part, District roads will not be burdened by these trips. (Shopper from outside the District will use District roads as they enter and exit the shopping area prior to getting on to U.S. 41.) There will be a certain portion of trips from the households within the District that will be directed toward the commercial space. These trips will burden the District's roads. These trips also need to be taken into consideration when determining benefit allocation. Using the input of the traffic engineer for the community, the FA has used a factor of 25% to represent the portion of the trips generated by the commercial center that will burden District built roads. The result of using this factor is shown in Table 4. The assessment assigned to coincide with the estimated benefit conferred to each Development Unit by the Non - roadway ( "Other ") portions of the CIP will be determined by rule. The rule is that each development classification will have an Equivalent Residential Unit (ERU) assignment. 7 The non - roadway benefits for a Standard Unit are determined. This Standard Unit is given an ERU assignment of 1. All other unit types within Development Program are analyzed for their requirement for non - roadway infrastructure support relative to the Standard Unit. This Methodology defines three development classifications. All of the Development Units within the Development Program will be assigned to one of these classifications. The three classifications are Single Family Detached, Multifamily, and Commercial. The Single Family Detached units will be given an ERU assignment of 1 ERU per housing unit. Each Multifamily unit will be assigned .50 ERUs. Commercial square footage will be assigned 1 ERU for every 1,500 square feet of commercial space built. These assignments and the resulting allocation of Non - roadway assessments are shown in Table 5. Estimation of benefit by ERUs is fair and reasonable. The Non - Roadway infrastructure consists of water management, water & sewer costs, security, wetland mitigation, and non - roadway landscaping. The water management required by a development unit, in general, varies with the size and density of development. For example, a large home requires more water management resources on a per unit basis than smaller home. This is due to the greater amount of impervious surface area that the large home encompasses. Therefore, the smaller, denser development units are given a lower ERU value when compared to the single family home. Similarly, smaller and denser Development Units require fewer water and sewer resources on a per unit basis. This is reflected in the standardized water and sewer usage rates used by civil engineers for water and sewer facility design. Large single family homes have higher standardized usage rates than smaller multifamily units. Table 6 aggregates the Roadway Benefit and the Non - Roadway Benefit into a Total Benefit Allocation for each Development Unit category. The Benefit Allocation per Unit is also calculated. Table 7 estimates the annual assessments required to amortize the par value of bonds. Allowances have been made for early payment discounts and fees charged by the tax collector and tax assessor. 3.4 Timing of Assessments Three development states were overviewed in Section 3.1 of this report. In the "undeveloped state ", bonds are repaid by assessing the land on an equal acre (per acre) basis. The per acre assessment amount equals the par amount of bonds divided by the net assessable acreage within the District. 1611 During the "on -going development state" the Final Assessments, detailed in Table 6, are assigned as each Development Unit is platted or otherwise defined. The remainder of the land will receive a per acre assessment. The calculation for this per acre assessment shall be the total par debt minus the par debt assigned to "Defined" Development Units, divided by the total acreage minus the acres associated with "Defined" Development Units. The process of assigning assessments to Defined Development Units will continue until all of the developable land within the District is developed and the "completed development state" is reached. A Development Unit is "Defined" when the type of the Development Unit can be determined. This determination normally takes place at the time of plat approval. In some non - residential cases there is no plat approval or the approval of a plat will not define the type and amount of Development Units. In those cases a certificate of occupancy (CO) or alternatively a site plan approval shall establish the type and amount of Development Units. 3.5 Changes to the Development Program At the time of the initial financing, a supplemental assessment report will define the Development Program. The District will borrow funds to build the infrastructure to support a portion of the Development Program. Furthermore, the assessments assigned to each Development Unit within the Development Program are set a level such that each of the anticipated units in the Development Program need to built to completely amortize the bonds. This is not to say that the Development Program is "locked in" at the time of initial financing. If the eventual Development Program yields more units than are needed to amortize all capital financing within the District, those units built in excess of what was needed to amortize the bonds will receive an assessment assignment in accordance with the appropriate supplemental assessment report. The result of this assignment is that all built Development Units that fall within a particular trip rate and ERU classification will have the same assessment in reference to that particular supplement. If the eventual Development Program yields fewer units than are needed to amortize all of the capital improvement bonds of the District, a "debt pay down" maybe required. D 16t1 4.0 Assessment Determination 4.1 Special and Peculiar Benefit to the Property Construction and /or acquisition by the District of all or part of the CIP will provide for several types of systems, facilities and services for its residents and other landowners. These include surface water management, roads, and the provision of water and sewer facilities. These improvements accrue in differing amounts and are dependent on the type of land use receiving the special benefits peculiar to those properties, which flow from the logical relationship of the improvements to the properties. An example of this differentiation is the average daily road trip rate (as cited in the 6t' Edition of the Institute of Transportation Engineers, 1997) ( "ITE "). The average daily trip rate for a residential condominium /townhouse unit is 5.86 (page 361) and 9.57 is the average daily trip rate for the single- family residential category (page 263). Additionally, it can be recognized, for example, that each Multifamily unit receives less surface water management, per unit, than a Single Family Detached residence. Water and sewer benefits received by each Multifamily unit are also less than those received by the Single Family Detached residences. Once these determinations are made, as has been done in Section 3.2 of this Methodology, they are reviewed in the light of the special benefits peculiar to the property which flow to the properties as a result of their logical connection from the improvements in fact actually provided. The special and peculiar benefits, identified for each improvement, are: a. For the provision of roadway improvements, the special and peculiar benefits are added accessibility of the property, added use of the property, added enjoyment of the property, and the probability of increased marketability and value of the property. b. For the provision of proper surface water management, the special and peculiar benefits are the added use of the property, added enjoyment of the property, probability of decreased insurance premiums, and the probability of increased marketability and value of the property. c. For the provision of water and sewer improvements, the special and peculiar benefits are the added use of the property, added enjoyment of the property, and the probability of increased marketability and value of'the property. 10 d. For the provision of landscape improvements, the special and peculiar benefits are the added enjoyment of the property, and the probability of increased marketability and value of the property. e. For the provision of security related improvements, the special and peculiar benefits are the added enjoyment of the property, and the probability of increased marketability and value of the property. f. For the provision of wetland mitigation related improvements, the special and peculiar benefits are the added enjoyment of the property, and the probability of increased marketability and value of the property. The value of the special and peculiar benefits that are provided by the District's CIP is at least equal to or greater than the costs associated with providing these same benefits. These special and peculiar benefits are real and ascertainable, but are not yet capable of being calculated as to value with mathematical certainty. 4.2 Reasonable and Fair Apportionment of the Duty to Pay A reasonable estimate of the proportion of special and peculiar benefits received from the CIP is expressed in trips and ERU's on Tables 5, 6, and 7. The determination has been made that the duty to pay the non -ad valorem special assessments is fairly and reasonably apportioned because the special and peculiar benefits to the property deriving from the acquisition and/or construction of the CIP (and the concomitant responsibility for the payment of the resultant and allocated debt) have been apportioned to the property according to reasonable estimates of the special and peculiar benefits provided consistent with each land use category. Accordingly, no acre or parcel of property within the boundary of the District will be assessed for the payment of any non -ad valorem special assessment more than the determined special benefit peculiar to that property, further the debt allocation will not be affected. z In accordance with the benefit allocation suggested by the trips and ERU's assigned to each Development Unit of the Development Program delineated in Table 1, a Par Debt Allocation per Unit has been calculated for each Development Unit (Table 6). 11 1611 5.0 True Up Mechanism In order to assure that the District's debt will not build up on the unplatted land, the District shall apply the following test. The test is that the debt per acre remaining on the unplatted land is never allowed to increase above its ceiling debt per acre level. Initially, the ceiling level of debt per acre is calculated as the total amount of debt for the District's Bonds divided by the number of net assessable acres within the District. Thus, every time the test is applied the debt remaining on the unplatted land must remain equal to or lower than the ceiling debt per acre. If not, the District would require a density reduction (debt) payment in an amount sufficient to reduce the remaining debt per net assessable acre to the ceiling amount, plus applicable interest that may be due. This test shall be applied at the earlier of the completion of 25% of the Development Units (as stated in Table 1) within the District or the completion of 25% of the net assessable acreage within the District. The second test shall be applied at the earlier of the completion of 50% of the Development Units within the District or the completion of 50% of the net assessable acreage within the District. The third test shall be applied at the earlier of the completion of 75% of the Development Units within the District or the completion of 75% of the net assessable acreage within the District. The fourth test shall be applied at the earlier of the completion of 90% of the Development Units within the District or the completion of 90% of the net assessable acreage within the District. The final test shall be applied at the earlier of the completion of 100% of the Development Units within the District or the completion of 100% of the net assessable acreage within the District. If at the time the 25 %, 50 %, 75 %, or 90% tests are given it is determined that the ceiling debt is breached, the District may suspend the true up payment if the landowners can show that there is sufficient development potential in the remaining acreage to build the densities required to amortize the bonds. Suspension of a required true up payment will be made at the sole discretion of the District. The developer may sell land to sub - developers. The developer may sell land as platted, finished lots or as semi - developed land parcels. When land is sold on a parcel basis, the contract for sale shall designate the minimum number of Development Units to be platted with that parcel (Contracted Units). If at the time said parcel is completely platted and the number of Development Units platted within the parcel are fewer than the Contracted Units the sub - developer shall be responsible for a density (debt) reduction payment. This payment shall be equal to the Par Debt Assessment Per Unit (Table 6) for each of the Development Units not 12 1611 platted, taking into consideration the unit type, reduced by any prior principal reductions, plus applicable interest and administrative costs that may be due. 6.0 Assessment Roll Presently the location of the assessable acres on the unplatted land within the District is not known with precision. As platting occurs, this will be more properly defined. Therefore, as described herein, the debt associated with the District's debt will be initially distributed evenly across the gross acreage in the District that is not platted, and ultimately applied, according to this Assessment Methodology, to those lands within the District that have been platted. This is shown in the assessment roll below that covers 100% of the land in the District. 13 Fiddler's Creek Community Development District 11 Preliminary Assessment Roll Folio # Owner 00741160209 951 Land Holdings, Ltd. 00736640006 951 Land Holdings, Ltd. 00741600002 951 Land Holdings, Ltd. 00741120003 DY Land Associates Ltd. 00741160102 DY Land Associates Ltd. 00763880509 DY Land Associates Ltd. 00736720007 GB Peninsula Ltd. 00736880303 GB Peninsula Ltd. 00741280008 GB Peninsula Ltd. 00741320007 GB Peninsula Ltd. 00741640004 GB Peninsula Ltd. 00741760104 GB Peninsula Ltd. DY Land Associates Ltd. % Woodward Pires & Lombardo PA 3200 Tamiami Trail N. Ste 200 Naples, FL 34103 -4108 951 Land Holdings Ltd. 3470 Club Center Blvd. Naples, FL 34114 GB Peninsula Ltd. 3470 Club Center Blvd. Naples, FL 34114 14 Acreage Par Debt 139.18 $ 13,641,156 31.81 $ 3,117,727 10.00 $ 980,109 242.54 $ 23,771,562 258.18 $ 25,304,452 283.16 $ 27,752,765 82.73 $ 8,108,441 81.74 $ 8,011,410 20.00 $ 1,960,218 20.00 $ 1,960,218 20.00 $ 1,960,218 18.74 $ 1,836,724 1,208.08 $ 118,405,000 1611 16I APPENDIX 15 � 2 a CD E 0 (D O � t: > m CIA q o m f- Cl r- CD X0 Nr Co 0 0 ci A 2 A_ 0 caq 1611 2:1 2-- § k � L E m 0 caq f / m \ } 2 § % k Co ® & ƒ C § o t 8 � a w � ] � 2 2 $ m w \ \ . 0 2 § e / 0 2 [ CL co L } 3 1611 1611 v a� rn U C N N f0 U O N 0 0 0 0 0 0 0 0 0 0 0 O Cl O O N 0 0 0 0 0 0 0 0 0 0 0 O 00 O C C C C CL C C CL C C CL O O O O C V- N r N N O tD r O M QD tD W 1� tD N 00 M to et %- h tM N O ti N O M co O tp C! tp tty c7 It N le M r N M 00 N C t- 00 N N r t'A tC to 01 O l70 01 Y M LL 69 6% 69 fA 443� 69 6R 69 6A 64 64 V). E9 69 69. 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CL U FF mm U a m 1611 RESOLUTION 2003 -18 Resolution of the Board of Supervisors of the Fiddlers Creek Community Development District #2 Expressing its Intent to Utilize the Uniform Method of Levying, Collecting and Enforcing Non Ad Valorem Assessments which hereinafter may be Levied by the District in Accordance with the Provisions of Chapter 197.3632 F.S.; and Providing an Effective Date: WHEREAS, the Fiddlers Creek Community Development District #2 was established pursuant to the provisions of Chapter 190 F. S. which authorizes the District to levy certain assessments which include benefit and maintenance assessments and further authorizes the Board to levy special assessments pursuant to Chapter 170 F.S. for the acquisition, construction or reconstruction of assessable improvements authorized by Chapter 190 F . S .; and WHEREAS, the above referenced assessments are not considered to be ad valorem in nature and therefore, are subject to the provisions of Chapter 197.3632 F.S. in which State of Florida through its legislature has provided a uniform method for the levying, collecting and enforcing such non ad valorem assessments; and WHEREAS, pursuant to Chapter 197.3632 F.S. the District has caused notice of a public hearing to be advertised weekly in a newspaper of general circulation within Collier County for four consecutive weeks preceding said hearing; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 1. The Fiddlers Creek Community Development District #2 upon conducting its public hearing as required by Chapter 197.3632 F.S. hereby expresses its intent to use the uniform method of collecting its benefit and maintenance assessments or such other assessments imposed by the District as provided in Chapter 170 and 190 F.S. each of which are non ad valorem assessments which may be levied annually by the District pursuant to the provisions of Chapter 190 F.S. for the purpose of paying principal and interest on its bonded indebtedness and the cost of operating and maintaining its assessable improvements within the boundaries of the District as described in the attached 161L legal description which is made a part of this Resolution as Exhibit "A ". Said assessments and the District's use of the uniform method of collecting its non ad valorem assessment(s) may continue for more than one year. 2. This Resolution shall become effective upon its passage and the District's Secretary is authorized to provide the Property Appraiser and Tax Collector of Collier County and the Department of Revenue of the State of Florida with a copy of this Resolution on or before January 10, 2004. PASSED AND ADOPTED THIS 22ND DAY OF JANUARY, 2003. Clifford son Chairman Jaxfies P. Ward Secretary 19m HOLE MONTES ENGINEERS - PLANNERS - SURVEYORS 950 Encore Way • Naples, Florida 34110 - Phone: 239.254.2000 - Fax: 239.254.2099 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 LEGAL DESCRIPTION: 1611 HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 1 of 7 A PARCEL OF LAND LOCATED IN A PORTION OF SECTIONS 11, 13 AND 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, AND A PORTION OF SECTION 18, TOWNSHIP 51 SOUTH, RANGE 27 EAST, ALL IN COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF SECTION 13, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA; THENCE RUN S.89 05946 "E. ALONG THE NORTH LINE OF SAID SECTION 13, FOR A DISTANCE OF 4,688.27 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF US 41 (TAMIAMI TRAIL) A 200 FOOT RIGHT -OF -WAY; THENCE RUN S.54 021'29 "E. ALONG THE SOUTHERLY RIGHT -OF -WAY OF SAID US 41, FOR A DISTANCE OF 3,793.58 FEET; THENCE RUN S.35 039'17 "W., FOR A DISTANCE OF 162.92 FEET; THENCE RUN S.34 059'08 "W., FOR A DISTANCE OF 37.84 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.60 009'23 "W., A DISTANCE OF 62.84 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 62.84 FEET, THROUGH A CENTRAL ANGLE OF 25 °46'26 ", SUBTENDED BY A CHORD OF 28.03 FEET AT A BEARING OF S.42 043'50 "W., FOR A DISTANCE OF 28.27 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.34 °57'42 "E., A DISTANCE OF 227.26 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 227.26 FEET, THROUGH A CENTRAL ANGLE OF 44 °48'54 , SUBTENDED BY A CHORD OF 173.26 FEET AT A BEARING OF S.32 037'51 "W., FOR A DISTANCE OF 177.75 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 201.23 FEET, THROUGH A CENTRAL ANGLE OF 42 °41'03 ", SUBTENDED BY A CHORD OF 146.47 FEET AT A BEARING OF S.31 °33'56 "W., FOR A DISTANCE OF 149.91 FEET TO THE END OF SAID CURVE; THENCE RUN S.55 058'37 "W., FOR A DISTANCE OF 21.55 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S.63 °20'19 "W., A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 83 °46'36 ", SUBTENDED BY A CHORD OF 200.30 FEET AT A BEARING OF S.15 °13'37 "W., FOR A DISTANCE OF 219.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS N.84 053'30 "W., A DISTANCE OF 195.23 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 195.23 FEET, THROUGH A CENTRAL ANGLE OF 34 024'31 ", SUBTENDED BY A CHORD OF 115.49 FEET AT A BEARING OF S.22 018'46 "W., FOR A DISTANCE OF 117.25 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 44 °51'40 ", SUBTENDED BY A CHORD OF 152.63 FEET AT A BEARING OF S.17 °05'11 "W., FOR A DISTANCE OF 156.60 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHERLY, WHOSE RADIUS POINT BEARS S.79 032'28 "W., A DISTANCE OF 86.55 FEET THEREFROM; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 86.55 FEET, THROUGH A CENTRAL ANGLE OF 17104826", SUBTENDED BY A CHORD OF 172.66 FEET AT A BEARING OF S.83 °38'15 "W., FOR A DISTANCE OF 259.54 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS S.87 040'45 "W., A DISTANCE OF 71.65 FEET THEREFROM; THENCE W: \1998\19980701CDD DISTRICT MI)D21-EGALDESCRUMON.doc Naples • Fort Myers - Venice - Englewood 1611 HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 2 of 7 RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 71.65 FEET, THROUGH A CENTRAL ANGLE OF 71017'11 ", SUBTENDED BY A CHORD OF 83.50 FEET AT A BEARING OF S.33 °19'21 "W., FOR A DISTANCE OF 89.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 165.16 FEET, THROUGH A CENTRAL ANGLE OF 46 °05'12 ", SUBTENDED BY A CHORD OF 129.30 FEET AT A BEARING OF S.45055'20"W., FOR A DISTANCE OF 132.85 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 130.03 FEET, THROUGH A CENTRAL ANGLE OF 25 020'31 ", SUBTENDED BY A CHORD OF 57.05 FEET AT A BEARING OF S.35 033'00 "W., FOR A DISTANCE OF 57.51 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 47.36 FEET, THROUGH A CENTRAL ANGLE OF 99 018'24 ", SUBTENDED BY A CHORD OF 72.19 FEET AT A BEARING OF S.01 °25'57 "E., FOR A DISTANCE OF 82.08 FEET TO THE END OF SAID CURVE; THENCE RUN S.40059'55"W., FOR A DISTANCE OF 213.60 FEET; THENCE RUN S.45 016'50 "W., FOR A DISTANCE OF 431.07 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.55014'36"W., A DISTANCE OF 170.96 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.96 FEET, THROUGH A CENTRAL ANGLE OF 27 034'50 ", SUBTENDED BY A CHORD OF 81.50 FEET AT A BEARING OF N.48 032'50 "W., FOR A DISTANCE OF 82.29 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHEASTERLY, WHOSE RADIUS POINT BEARS N.26 029'54 "E., A DISTANCE OF 88.78 FEET THEREFROM; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 88.78 FEET, THROUGH A CENTRAL ANGLE OF 43 059'05 ", SUBTENDED BY A CHORD OF 66.49 FEET AT A BEARING OF N.41 °30'33 "W., FOR A DISTANCE OF 68.15 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 58 025'12 ", SUBTENDED BY A CHORD OF 78.08 FEET AT A BEARING OF N.09 041'35 "E., FOR A DISTANCE OF 81.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN NORTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 177.90 FEET, THROUGH A CENTRAL ANGLE OF 34 050'15 ", SUBTENDED BY A CHORD OF 106.51 FEET AT A BEARING OF N.56 019'19 "E., FOR A DISTANCE OF 108.17 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 115.82 FEET, THROUGH A CENTRAL ANGLE OF 111 008'02 ", SUBTENDED BY A CHORD OF 191.05 FEET AT A BEARING OF N.18 010'25 "E., FOR A DISTANCE OF 224.65 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 175.68 FEET, THROUGH A CENTRAL ANGLE OF 50 017'07 ", SUBTENDED BY A CHORD OF 149.28 FEET AT A BEARING OF N.62 032'10 "W., FOR A DISTANCE OF 154.18 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 149.49 FEET, THROUGH A CENTRAL ANGLE OF 44-07-11", SUBTENDED BY A CHORD OF 112.29 FEET AT A BEARING OF S.70 °15'41 "W., FOR A DISTANCE OF 115.11 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 173.46 FEET, THROUGH A CENTRAL ANGLE OF 61 040'49 ", SUBTENDED BY A CHORD OF 177.85 FEET AT A BEARING OF S.17 °21'41 "W., FOR A DISTANCE OF 186.74 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 128.37 FEET, THROUGH A CENTRAL ANGLE OF 47 °22'28 ", W: \1998 \1998070\CDD DISTRICT 2 CDD2LEGALDESCRIMON.Joc 161 1.11 HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 3 of 7 SUBTENDED BY A CHORD OF 103.14 FEET AT A BEARING OF S.10 °12'30 "W., FOR A DISTANCE OF 106.14 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.40 FEET, THROUGH A CENTRAL ANGLE OF 98 043'38 ", SUBTENDED BY A CHORD OF 144.78 FEET AT A BEARING OF S.15°28'04 "E., FOR A DISTANCE OF 164.38 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN SOUTHEASTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 38.74 FEET, THROUGH A CENTRAL ANGLE OF 39 °38'13 ", SUBTENDED BY A CHORD OF 26.27 FEET AT A BEARING OF S.45 °0947 "E., FOR A DISTANCE OF 26.80 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S.65 020'57 "W., A DISTANCE OF 120.54 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 120.54 FEET, THROUGH A CENTRAL ANGLE OF 93 039'08 ", SUBTENDED BY A CHORD OF 175.82 FEET AT A BEARING OF S.22 °10'31 "W., FOR A DISTANCE OF 197.03 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.20 027'17 "E., A DISTANCE OF 303.38 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 303.38 FEET, THROUGH A CENTRAL ANGLE OF 22 °57'32", SUBTENDED BY A CHORD OF 120.76 FEET AT A BEARING OF S.58 003'57 "W., FOR A DISTANCE OF 121.57 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHEASTERLY, WHOSE RADIUS POINT BEARS S.30 °32'45 "E., A DISTANCE OF 316.89 FEET THEREFROM; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 316.89 FEET, THROUGH A CENTRAL ANGLE OF 63 030'54 ", SUBTENDED BY A CHORD OF 333.58 FEET AT A BEARING OF S.27 °41'48 "W., FOR A DISTANCE OF 351.29 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 135.33 FEET, THROUGH A CENTRAL ANGLE OF 53 °31'39 ", SUBTENDED BY A CHORD OF 121.88 FEET AT A BEARING OF S.22 042'11 "W., FOR A DISTANCE OF 126.43 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 625.88 FEET, THROUGH A CENTRAL ANGLE OF 05 048'41 ", SUBTENDED BY A CHORD OF 63.46 FEET AT A BEARING OF S.46 °33'39 "W., FOR A DISTANCE OF 63.48 FEET TO A POINT OF COMPOUND CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 324.51 FEET, THROUGH A CENTRAL ANGLE OF 10 042'18 ", SUBTENDED BY A CHORD OF 60.54 FEET AT A BEARING OF S.38 018'10 "W., FOR A DISTANCE OF 60.63 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 73.50 FEET, THROUGH A CENTRAL ANGLE OF 80 004'23 ", SUBTENDED BY A CHORD OF 94.56 FEET AT A BEARING OF S.72 °59'12 "W., FOR A DISTANCE OF 102.72 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 174.24 FEET, THROUGH A CENTRAL ANGLE OF 101 010'28 ", SUBTENDED BY A CHORD OF 269.23 FEET AT A BEARING OF S.62 °26'1 0 "W., FOR A DISTANCE OF 307.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.81 FEET, THROUGH A CENTRAL ANGLE OF 56 016'10 ", SUBTENDED BY A CHORD OF 189.38 FEET AT A BEARING OF S.39 °59'01 "W., FOR A DISTANCE OF 197.21 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 196.68 FEET, THROUGH A CENTRAL ANGLE OF 37 05519 ", SUBTENDED BY A CHORD OF 127.81 FEET AT A BEARING OF S.49 009'27 "W., FOR A DISTANCE OF 130.17 FEET TO A POINT OF REVERSE CURVE, CONCAVE NORTHWESTERLY; THENCE RUN SOUTHWESTERLY, ALONG THE W:U9981199807WDD DISTRICT ZCDD21-EGALDESCREMONAm lbl? HM PROJECT #1998070 1214/2002 REF. DWG. #A -1425 PAGE 4 of 7 ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 51.18 FEET, THROUGH A CENTRAL ANGLE OF 22 053'59', SUBTENDED BY A CHORD OF 20.32 FEET AT A BEARING OF S.41 °38'47 "W., FOR A DISTANCE OF 20.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 141.52 FEET, THROUGH A CENTRAL ANGLE OF 80 011'31 ", SUBTENDED BY A CHORD OF 182.30 FEET AT A BEARING OF S.13 °00'01 "W., FOR A DISTANCE OF 198.07 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE WESTERLY, WHOSE RADIUS POINT BEARS S.62 °57'42 "W., A DISTANCE OF 221.41 FEET THEREFROM; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 221.41 FEET, THROUGH A CENTRAL ANGLE OF 10 °10'21 ", SUBTENDED BY A CHORD OF 39.26 FEET AT A BEARING OF S.21 °57'07'E., FOR A DISTANCE OF 39.31 FEET; THENCE RUN N.77 °46'12"W., FOR A DISTANCE OF 239.43 FEET; THENCE RUN N.88 °51'53"W., FOR A DISTANCE OF 636.47 FEET; THENCE RUN S.45 °53'28 "W., FOR A DISTANCE OF 58.20 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS S.66002'35"W., A DISTANCE OF 150.00 FEET THEREFROM; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 150.00 FEET, THROUGH A CENTRAL ANGLE OF 119 °47'34 ", SUBTENDED BY A CHORD OF 259.54 FEET AT A BEARING OF S.35 °56'21 "W., FOR A DISTANCE OF 313.62 FEET TO THE END OF SAID CURVE; THENCE RUN S.07 °24'26 "E., FOR A DISTANCE OF 32.73 FEET; THENCE RUN N.71 °08'30 "W., FOR A DISTANCE OF 278.51 FEET; THENCE RUN N.49 °32'33 "W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.73 021'57 "W., FOR A DISTANCE OF 121.18 FEET; THENCE RUN N.47 048'15 "W., FOR A DISTANCE OF 115.86 FEET; THENCE RUN N.62 °56'36 "W., FOR A DISTANCE OF 260.80 FEET; THENCE RUN S.67 °49'42 "W., FOR A DISTANCE OF 55.38 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE SOUTHWESTERLY, WHOSE RADIUS POINT BEARS S.70 °23'14 "W., A DISTANCE OF 60.00 FEET THEREFROM; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 29 °33'16 ", SUBTENDED BY A CHORD OF 30.61 FEET AT A BEARING OF N.34 °23'24 "W., FOR A DISTANCE OF 30.95 FEET TO THE END OF SAID CURVE; THENCE RUN N.49 °10'02 "W., FOR A DISTANCE OF 79.40 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 220.00 FEET, THROUGH A CENTRAL ANGLE OF 16 °47'51 ", SUBTENDED BY A CHORD OF 64.27 FEET AT A BEARING OF N.40 046'06 "W., FOR A DISTANCE OF 64.50 FEET TO A POINT OF COMPOUND CURVE, CONCAVE EASTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 45 °48'11 ", SUBTENDED BY A CHORD OF 23.35 FEET AT A BEARING OF N.09 °28'05 "W., FOR A DISTANCE OF 23.98 FEET TO THE END OF SAID CURVE; THENCE RUN N.13 026'00 "E., FOR A DISTANCE OF 25.35 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 95.00 FEET, THROUGH A CENTRAL ANGLE OF 134 °11'52 ", SUBTENDED BY A CHORD OF 175.02 FEET AT A BEARING OF N.53 039'55 "W., FOR A DISTANCE OF 222.51 FEET TO THE END OF SAID CURVE; THENCE RUN S.59 014'09 "W., FOR A DISTANCE OF 95.48 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHERLY; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 155.00 FEET, THROUGH A CENTRAL ANGLE OF 70 001'59 ", SUBTENDED BY A CHORD OF 177.88 FEET AT A BEARING OF N.85 044'52 "W., FOR A DISTANCE OF 189.46 FEET TO A POINT OF REVERSE CURVE, CONCAVE SOUTHERLY; THENCE RUN WESTERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 260.00 FEET, THROUGH A CENTRAL ANGLE OF 36036'21", SUBTENDED BY A CHORD OF 163.30 FEET AT A BEARING OF N.69 °02'03 "W., FOR A DISTANCE OF 166.11 FEET TO THE END OF SAID W:11999\19980701CDD DISTRICT 2lCDD2LEGALDESCRIFnON.dm 161 HM PROJECT #1998070 12/412002 REF. DWG. #A -1425 PAGE 5 of 7 CURVE; THENCE RUN N.87 020'14 "W., FOR A DISTANCE OF 76.56 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 30.00 FEET, THROUGH A CENTRAL ANGLE OF 80 017'08 ", SUBTENDED BY A CHORD OF 38.68 FEET AT A BEARING OF N.47011'40'W., FOR A DISTANCE OF 42.04 FEET TO THE END OF SAID CURVE; THENCE RUN N.07 003'06 "W., FOR A DISTANCE OF 61.34 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 62 031'37 ", SUBTENDED BY A CHORD OF 62.28 FEET AT A BEARING OF N.38 018'54 "W., FOR A DISTANCE OF 65.48 FEET TO THE END OF SAID CURVE; THENCE RUN N.69 034'43 "W., FOR A DISTANCE OF 43.13 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 100.00 FEET, THROUGH A CENTRAL ANGLE OF 116 °44'05 ", SUBTENDED BY A CHORD OF 170.29 FEET AT A BEARING OF S.52 003'15 "W., FOR A DISTANCE OF 203.74 FEET TO THE END OF SAID CURVE; THENCE RUN N.55 053'04 "W., FOR A DISTANCE OF 315.24 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHWESTERLY, WHOSE RADIUS POINT BEARS N.23 050'44 "W., A DISTANCE OF 70.00 FEET THEREFROM; THENCE RUN NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 70.00 FEET, THROUGH A CENTRAL ANGLE OF 47 056'15 ", SUBTENDED BY A CHORD OF 56.87 FEET AT A BEARING OF N.42 011'08 "E., FOR A DISTANCE OF 58.57 FEET TO A POINT OF COMPOUND CURVE, CONCAVE WESTERLY; THENCE RUN NORTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 170.00 FEET, THROUGH A CENTRAL ANGLE OF 46 °13'15 ", SUBTENDED BY A CHORD OF 133.45 FEET AT A BEARING OF N.04 053'37 "W., FOR A DISTANCE OF 137.14 FEET TO THE END OF SAID CURVE; THENCE RUN N.28 0001.4 "W,„ FOR A DISTANCE OF 88.72 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR 'CUR'VE,­ CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 250.00 FEET, THROUGH A CENTRAL ANGLE OF 60 °36'36 ", SUBTENDED BY A CHORD OF 252.30 FEET AT A BEARING OF N.58 018'32 "W., FOR A DISTANCE OF 264.46 FEET TO THE END OF SAID CURVE; THENCE RUN N.88 °36'51 "W., FOR A DISTANCE OF 147.41 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 60.00 FEET, THROUGH A CENTRAL ANGLE OF 103 058'48 ", SUBTENDED BY A CHORD OF 94.55 FEET AT A BEARING OF S.39 023'46 "W., FOR A DISTANCE OF 108.89 FEET TO A POINT OF REVERSE CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 35 043'08 ", SUBTENDED BY A CHORD OF 122.67 FEET AT A BEARING OF S.05 015'56 "W., FOR A DISTANCE OF 124.68 FEET TO A POINT OF REVERSE CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY, ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 135.00 FEET, THROUGH A CENTRAL ANGLE OF 47 059'49 ", SUBTENDED BY A CHORD OF 109.81 FEET AT A BEARING OF S.00 052'24 "E., FOR A DISTANCE OF 113.09 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 052'19 "E., FOR A DISTANCE OF 39.34 FEET; THENCE RUN S.89 040'18 "W., FOR A DISTANCE OF 193.51 FEET; THENCE RUN N.13 018'01 "E., FOR A DISTANCE OF 14.29 FEET; THENCE RUN N.74 °11'31 "W., FOR A DISTANCE OF 69.02 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE NORTHEASTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 200.00 FEET, THROUGH A CENTRAL ANGLE OF 77-11,31-, SUBTENDED BY A CHORD OF 249.53 FEET AT A BEARING OF N.35 035'46 "W., FOR A DISTANCE OF 269.45 FEET TO THE END OF SAID CURVE; THENCE RUN N.03 000'00 "E., FOR A DISTANCE OF 60.69 W:\I998\1998070\CDD DISTRICT 21CDD2LEGALDESCRIPTION.d"C 1611!" HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 6 of 7 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHWESTERLY; THENCE RUN NORTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 35.00 FEET, THROUGH A CENTRAL ANGLE OF 91-37-44", SUBTENDED BY A CHORD OF 50.20 FEET AT A BEARING OF N.42 °48'52 "W., FOR A DISTANCE OF 55.97 FEET TO THE END OF SAID CURVE; THENCE RUN N.88037'44"W., FOR A DISTANCE OF 109.05 FEET; THENCE RUN S.84 057'36 "W., FOR A DISTANCE OF 58.87 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE SOUTHEASTERLY; THENCE RUN SOUTHWESTERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 45.00 FEET, THROUGH A CENTRAL ANGLE OF 109 047'15', SUBTENDED BY A CHORD OF 73.63 FEET AT A BEARING OF S.30003'58"W., FOR A DISTANCE OF 86.23 FEET TO THE END OF SAID CURVE; THENCE RUN S.24 °49'40 "E., FOR A DISTANCE OF 92.45 FEET; THENCE RUN S.19 °45'17 "E., FOR A DISTANCE OF 120.70 FEET, TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE WESTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 20.00 FEET, THROUGH A CENTRAL ANGLE OF 37 039'13 ", SUBTENDED BY A CHORD OF 12.91 FEET AT A BEARING OF S.00 055'41 "E., FOR A DISTANCE OF 13.14 FEET TO THE END OF SAID; THENCE RUN S.17 053'56 "W., FOR A DISTANCE OF 49.67 FEET TO THE BEGINNING OF A TANGENTIAL CIRCULAR CURVE, CONCAVE EASTERLY; THENCE RUN SOUTHERLY ALONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 80.00 FEET, THROUGH A CENTRAL ANGLE OF 70-28-21", SUBTENDED BY A CHORD OF 92.31 FEET AT A BEARING OF S.17 020'15 "E., FOR A DISTANCE OF 98.40 FEET TO THE END OF SAID CURVE; THENCE RUN S.52 034'25 "E., FOR A DISTANCE OF 25.66 FEET; THENCE RUN S.77 039'49 "W., FOR A DISTANCE OF 931.61 FEET; THENCE RUN N.00 025'58 "W., FOR A DISTANCE OF 2,870.69 FEET; THENCE RUN N.26 057'22 "W., FOR A DISTANCE OF 100.00 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE NORTHERLY, WHOSE RADIUS POINT BEARS N.26 057'22 "W., A DISTANCE OF 709.89 FEET THEREFROM; THENCE RUN WESTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 709.89 FEET, THROUGH A CENTRAL ANGLE OF 15 02322% SUBTENDED BY A CHORD OF 190.10 FEET AT A BEARING OF S.70 044'19 "W., FOR A DISTANCE OF 190.68 FEET TO THE END OF SAID CURVE AND TO A POINT ON THE WEST LINE OF SAID SECTION 13; THENCE RUN N.00 °26'31 "W. ALONG THE WEST LINE OF SAID SECTION 13, FOR A DISTANCE OF 495.62 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST; THENCE RUN N.68 °20'44 "W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 692.50 FEET; THENCE RUN N.52 °52'01 "W., FOR A DISTANCE OF 173.23 FEET; THENCE RUN S.37 °07'59 "W., FOR A DISTANCE OF 123.46 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14; THENCE RUN N.88 020'44'W. ALONG THE SOUTH LINE OF THE NORTH ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 2,557.19 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14; THENCE RUN N.00 002'07 "E. ALONG THE WEST LINE OF THE EAST ONE HALF, OF THE NORTHEAST ONE QUARTER, OF THE NORTHWEST ONE QUARTER OF SAID SECTION 14, FOR A DISTANCE OF 1,389.88 FEET TO A POINT ON THE SOUTH LINE OF SECTION 11, TOWNSHIP 51 S., RANGE 26 E. COLLIER COUNTY FLORIDA; THENCE RUN N.88 005'43 "W. ALONG THE SOUTH LINE OF SAID SECTION 11, FOR A DISTANCE OF 590.35 FEET; THENCE RUN N.01 043'02 "E., FOR A DISTANCE OF 1,493.79 FEET; THENCE RUN S.88 °09'55 "E., FOR A DISTANCE OF 1,274.00 FEET; THENCE RUN S.88 009'46 "E., FOR A DISTANCE OF 1374.52 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE HALF OF THE SOUTHEAST ONE QUARTER OF SAID SECTION 11; THENCE RUN N.01 °13'54 "E. ALONG THE WEST LINE OF EAST ONE HALF OF THE SOUTHEAST ONE QUARTER AND ALONG THE WEST LINE OF THE SOUTHEAST ONE QUARTER OF THE NORTHEAST ONE QUARTER OF SAID SECTION 11, FOR A DISTANCE OF 1,860.10 FEET; WAI 998\1998070\CDD DISTRICT 2 \CDWLEGALDESCRIVnON.d- 1611 HM PROJECT #1998070 12/4/2002 REF. DWG. #A -1425 PAGE 7 of 7 THENCE RUN S.88046'1 2-E., FOR A DISTANCE OF 518.33 FEET TO A POINT ON A CIRCULAR CURVE, CONCAVE EASTERLY, WHOSE RADIUS POINT BEARS N.88 032'40 "E., A DISTANCE OF 350.00 FEET THEREFROM; THENCE RUN NORTHERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, HAVING A RADIUS OF 350.00 FEET, THROUGH A CENTRAL ANGLE OF 37 °05'11", SUBTENDED BY A CHORD OF 222.61 FEET AT A BEARING OF N.17005'16'E., FOR A DISTANCE OF 226.55 FEET TO THE END OF SAID CURVE; THENCE RUN N.35 °37'51 "E., FOR A DISTANCE OF 214.87 FEET TO A POINT ON THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41; THENCE RUN S.54 021'53 "E. ALONG THE SOUTHERLY RIGHT -OF -WAY LINE OF SAID US 41, FOR A DISTANCE OF 807.97 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 11; THENCE RUN S.01 00906"W. ALONG THE EAST LINE OF SAID SECTION 11, FOR A DISTANCE OF 3,308.61 FEET, TO THE POINT OF BEGINNING; CONTAINING OR 1,009.700 ACRES, MORE OR LESS. LESS AND EXCEPT: A PARCEL OF LAND LOCATED IN A PORTION OF SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHEAST 1/a OF THE NORTHEAST Y4 OF THE NORTHEAST 1/40F SECTION 14, TOWNSHIP 51 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA, CONTAINING 10.906 ACRES, MORE OR LESS. WA1998 \I998070\CDD DISTRICT 2\CDDMEGALDESCREMONAd E CL n tV O N m N 0 0 0 J a� J v �P A It, Az !l yk �! ryk �k L96 *YS 08VA31no8 83moo 1611 W ~ W Z � W um cn O W D � Z D U N2 f5 W U O FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore Way cm0cm BY: PROXCT Na Maple*. Fl.. 34110 PUD ZONING W.T.C./F.F. 1998m Phone: (941) 254 -2000 AND °� � CID "`E "� E4N COD2 EX -3 "MWC"W*ffmE Florida Certificate of DATE : EXHIBIT — ITEM eimfl�s-sww Authorizaflon No.1772 PHASING LIMITS 1102 J 4- � W lad a Q a r m N M d N N N N N 2 S a a a o_ m a� J v �P A It, Az !l yk �! ryk �k L96 *YS 08VA31no8 83moo 1611 W ~ W Z � W um cn O W D � Z D U N2 f5 W U O FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 2 950 Encore Way cm0cm BY: PROXCT Na Maple*. Fl.. 34110 PUD ZONING W.T.C./F.F. 1998m Phone: (941) 254 -2000 AND °� � CID "`E "� E4N COD2 EX -3 "MWC"W*ffmE Florida Certificate of DATE : EXHIBIT — ITEM eimfl�s-sww Authorizaflon No.1772 PHASING LIMITS 1102 J 4- Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. N0. 2 JAMES WARD 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052301 58583746 NOTICE BY THE FIDDLE State of Florida County of Collier Before the undersigned authority, Personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a ,.laity newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail natter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/19 12/26 01102 01/09 AD SPACE: 156..000 INCH FILED ON: 011109/03 Signature of Affiant Sworn to and Subscribed Personally known by me me �Ov, Donna C My Commission DD058336 ars" EVi,, September 11, 2005 1611 RESOLUTION 2003 -20 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 REQUESTING THE CONSENT OF THE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, TO EXERCISE THOSE ADDITIONAL POWERS SET FORTH IN SECTION 190.012(2) (a), (d) and (e), FLORIDA STATUTES (2001) WHEREAS, the Collier County Board of County Commissioners adopted an Ordinance creating the Fiddlers Creek Community Development District #2 which was effective November 25, 2002; and WHEREAS, the Board of Supervisors of the Fiddlers Creek Community Development District #2 at a meeting held January 22, 2003, considered the advisability of exercising those additional powers specified in Section 190.012(2), Florida Statutes. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2, COLLIER COUNTY, FLORIDA: 1. That it is requested that the Board of County Commissioners of Collier County, Florida, give its consent to the Board of Supervisors of the Fiddlers Creek Community Development District #2 to exercise the following additional specified powers set forth in Sections 190.012(2)(a), (d) and (e), Florida Statutes (2001), to plan, establish, acquire, construct or reconstruct, enlarge or extend, equip, operate and maintain additional systems and facilities for: Parks and facilities for indoor and outdoor recreational, cultural, and educational uses. Security, including, but not limited to, guardhouses, fences and gates, electronic intrusion- detection systems, and patrol cars, when authorized by proper governmental agencies; except that the District may not exercise any pOolice power, but may contract with the appropriate local general purpose government agencies for an increased level of such services within the District boundaries. 1611 Control and elimination of mosquitoes and other arthropods of public health importance. 2. This Resolution shall become effective upon its passage. PASSED AND ADOPTED THIS 22ND DAY OF JANUARY, 2003. Board of Supervisors of Fiddlers Creek Community Development District #2 GCJ James y. Ward Clifford Olson Secretary Chairman Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. NO. 2 JAMES WARD 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052301 58574029 REQUEST FOR PROPOSAL State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12117 AD SPACE: 88.000 INCH FILED ON: 12/17/02 Signature of Affiant _ Sworn to and Subscribed �e� _7 me tF day of Personally known by ace C 200a 1611 Request for Proposals for m Engineering Servlces a Fiddler's Creek a Community Development District #2 The Fiddler's Creek Community Development I trill #2, located in Colller County, Florldo 10 nounces that professional engineering services be required on a continuing basis, services to r clude planning, preparinpq reports and prepa q plans, designs and speclfl catlons for '.water management system and facilities 2.water and sewer system and facilities. 3.roods, landscaping and street lighting s 4.other community Infrostructure provided by ifie 5.affi laced as cts to include engineering contract management and Inspection services during construction ° The engineertn flan selected will act In the pe al capacity of District Engineer and provide above engineering services as required Any or individual desiring to provide professional ices llflicationsDasndct past expreHence resume Stan dorms No. 254 and 255 with pertinent suppo ti The District will review all applicants and will ply with the State procedures as established b) Consultant's Competitive Negotiations Act, Chi a 287, Florida Statutes. All applicants interested Y submit six (6) each Standard Forms No. 254 ane R and letter of Interest by 11:00 A.M. January 8, V to the attention of James P. Ward Fiddler's C Community Development Dlstrict #4, 210 N. Ur w sity Drive Suite 800, Coral Springs, Florida (954. 796 - 6641). James P. Ward s Manager Nm „�; necember 17 W U w A U H A H w a O w w A H O U z W U a a a z a� W z W 161 0 � a as N zi 3 � ao � on m o P-4 �iTUri N � m � 0 o R: aye �(D 0 �o as C o ¢' aW F U � U a w U cz �1 161 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 27, 2003 RE: Miscellaneous Correspondence - BCC Agenda 1611" Misc. Correspondence Agenda Date Agenda Item # RECEIVE-V' ` qo, �ll�iC�1 'off ..Sitl� :.;w ';.C)i1!RAs.t53Uil�� "`a Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. III . ] NIO(OLVA ii . 1 k Will 91AVA 101:1 11 I;Vk t del lzi 9N 10 11 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District, has submitted the following: (a) Audit FY2002 (b) Management Letter Thank you V, ;,3c. Corns: lspeciakspecial I Dat¢: b 0 Ite "n# I(2 T I ' r`. To: Eidddler's Creek 161 Community Development District February 20, 2003 RECEIVED Clerk of the Circuit Court Finance Department MAR 2 4 2003 2671 Airport Road, Court Plaza III FINANCE DEPT P.O. Box 413016 Naples, Florida 34112 -3016 Attention: Derek Johnssen Clerk of the Circuit Court Subject: Fiddler's Creek Community Development District Fiscal Year 2002 Annual Financial Report of Units of Local Government Dear Mr. Johnssen, Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 2002. 2. Management Letter, and Management Letter Comments. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT 4G4u\ Randolph G. White Director of Financial Services RGW /ab Enclosures 210 N. University Drive, Suite 301 Coral Springs, FL 33071 Tel. (954) 753 -5841 Fax (954) 345 -1292 1611'" GENERAL PURPOSE FINANCIAL STATEMENTS AND REPORTS OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Fiddler's Creek Community Development District September 30, 2002 word \w: \data \word\fp \fiddler\fs02 xl \w:\ data \excel \fp \fidd lers creekkfcfs02 1611 "� CONTENTS Page REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 1 GENERAL- PURPOSE FINANCIAL STATEMENTS COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS 2 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES 4 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — BUDGETAND ACTUAL - GENERALFUND 5 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — AMENDED BUDGET AND ACTUAL - DEBT SERVICE FUND 6 NOTES TO FINANCIAL STATEMENTS 7 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 17 AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45, FLORIDA STATUTES 20 c�c Berger, Toombs, Elam -�} & Frank Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 Report of Independent Certified Public Accountants To the Board of Supervisors — Fiddler's Creek Community Development District Naples, Florida We have audited the accompanying general purpose financial statements of Fiddler's Creek Community Development District as of September 30, 2002 and for the year then ended as listed in the table of contents. These general purpose financial statements are the responsibility of Fiddler's Creek Community Development District management. Our �-- responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Fiddler's Creek Community Development District as of September 30, 2002, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated February 3, 2003, on our consideration of Fiddler's Creek Community Development District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulation and contracts. That report is an integral part of an audit _ performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. J,ftw aL _ Fort lerce, Flori a February 3, 2003 Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Member FICPA Private Companies Practice Section Fiddlers Creek Community Development District COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS Year ended September 30, 2002 ASSETS Cash Investments, at fair value Interest receivable Due from other governments Due from developer Due from other funds Restricted assets: Cash Interest receivable Investments, at fair value Assessments receivable Deposits Fixed assets Amount available in debt service funds Amount to be provided Total assets LIABILITIES, EQUITY AND OTHER CREDITS LIABILITIES Accounts payable and accrued expenses Contracts payable Due to other funds Deferred revenue Bonds payable Total liabilities EQUITYAND OTHER CREDITS Investment in general fixed assets Fund balances Reserved for debt service Reserved for capital projects Unreserved and undesignated Total equity and other credits Total liabilities, equity and other credits Governmental Fund Tvpes 1611" Debt Capital General Service Projects $ 2,395 $ - $ - 49,639 - - 144 - - 7,255 - - 87,457 - - 10,980 1,112 - 8,095 13,660 7,948,275 12,341,900 - 88,075,716 - 5,125 - - $ 162,995 $ 96,033,204 $ 12,355,560 $ 65,064 $ - $ - - - 1,224,024 1,112 - 10,980 - 88,075,716 - 66,176 88,075,716 1,235,004 7,957,488 - - 11,120,556 96,819 - - 96,819 7,957,488 11,120,556 $ 162,995 $ 96,033,204 $ 12,355,560 The accompanying notes are an integral part of this statement. OA, Account Groups General General Totals Fixed Long -term (Memorandum Assets Debt Only) 2,395 - - 49,639 - - 144 - - 7,255 - - 87,457 - - 12,092 - - 6 - - 21,755 - - 20,290,175 - - 88,075,716 - - 5,125 33,085,410 - 33,085,410 - 7,957,488 7,957,488 - 37,672,512 37,672,512 $ 33,085,410 $ 45,630,000 $ 187,267,169 $ - $ - $ 65,064 - 1,224,024 - 12,092 - 88,075,716 45,630,000 45,630,000 45,630,000 135,006, 896 33,085,410 - 33,085,410 - - 7,957,488 - 11,120, 556 - - 96,819 33,085,410 - 52,260,273 $ 33,085,410 $ 45,630,000 $ 187,267,169 3 M 1611 Fiddlers Creek Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES Year ended September 30, 2002 -` The accompanying notes are an integral part of this statement. 4 Governmental Fund Types Totals Debt Capital (Memorandum General Service Projects Only) Revenues Special assessments $ 793,382 $ 1,447,774 $ - $ 2,241,156 Prepaid assessments - 1,486,308 - 1,486,308 Investment earnings 4,247 82,810 125,174 212,231 Developer assessments 817,707 1,424,260 - 2,241,967 Other revenue 6,578 - - 6,578 Total revenues 1,621,914 4,441,152 125,174 6,188,240 Expenditures Current General government 117,452 - - 117,452 Physical environment 1,018,782 - - 1,018,782 Transportation 47,766 - - 47,766 Public safety 305,491 - - 305,491 Capital outlay 18,363 - 4,276,177 4,294,540 Debt service Principal - 2,685,000 - 2,685,000 Interest - 2,114,416 - 2,114,416 Other charges - 75,497 - 75,497 Total expenditures 1,507,854 4,874,913 4,276,177 10,658,944 -- Excess (deficiency) of revenues over expenditures before other financing sources (uses) 114,060 (433,761) (4,151,003) (4,470,704) Other financing sources (uses) Bond proceeds - 2,857,553 12,592,447 15,450,000 -- Total other financing sources - 2,857,553 12,592,447 15,450,000 Excess of revenues and other financing sources over expenditures 114,060 2,423,792 8,441,444 10,979,296 Fund balances - October 1, 2001 (17,241) 5,533,696 2,679,112 8,195,567 Fund balances - September 30, 2002 $ 96,819 $ 7,957,488 $ 11,120,556 $ 19,174,863 -` The accompanying notes are an integral part of this statement. 4 Fiddlers Creek Community Development District 1611 COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND Year ended September 30, 2002 . General Fund Type Variance Favorable Budget Actual (Unfavorable) Revenues Special assessments $ 615,307 $ 793,382 $ 178,075 Investment earnings 12,000 4,247 (7,753) Developer Contributions 1,002,887 817,707 (185,180) Other revenue 20,000 6,578 (13,422) Total revenues 1,650,194 1,621,914 (28,280) Expenditures Current General government 130,683 117,452 13,231 Physical environment 1,198,764 1,018,782 179,982 Transportation 25,000 47,766 (22,766) Public safety 337,700 305,491 32,209 Culture / recreation 7,500 - 7,500 Capital outlay 60,000 18,363 41,637 Total expenditures 1,759,647 1,507,854 251,793 Excess (deficiency) of revenues over expenditures $ (109,453) 114,060 $ 223,513 Fund balance - October 1, 2001 (17,241) Fund balance - September 30, 2002 $ 96,819 The accompanying notes are an integral part of this statement. 5 Fiddlers Creek Community Development District 1611 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - AMENDED BUDGET AND ACTUAL - DEBT SERVICE FUND Year ended September 30, 2002 Revenues Non ad- valorem assessments Prepaid assessments Investment earnings Developer contributions Total revenues Expenditures Debt service Principal Interest Other charges Total expenditures Deficiency of revenues over expenditures before other financing sources _,. Other financing sources Bond Proceeds Excess (deficiency) of revenues over expenditures Fund balance - October 1, 2001 Fund balance - September 30, 2002 Debt Service Fund Tvoe Variance Favorable Budget Actual (Unfavorable) $ 1 ,447,774 $ 1,447,774 $ - 1,486,308 1,486,308 - 82,810 82,810 - 1,424,260 1,424,260 - 4,441,152 4,441,152 - 2,685,000 2,685,000 2,114,416 2,114,416 75,497 75,497 4,874,913 4,874,913 (433,761) (433,761) 2,857,553 2,857,553 - 2,423,792 2,423,792 - 5,533,696 5,533,696 - $ 7,957,488 $ 7,957,488 $ - The accompanying notes are an integral part of this statement. 6 Fiddlers Creek Community Development ment District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF ACCOUNTING POLICIES A summary of the significant accounting policies consistently applied in the preparation of the accompanying financial statements follows. General Information The District was established on August 13, 1996 by Rule 42X -1.001 through 42X -1.003 Florida Administrative Code and the provisions of the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act "), as a Community Development District. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or re- constructing, enlarging or extending, equipping, operating and maintaining water management, water supply, sewer and waste water management, bridges or culverts, district roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the Fiddler's Creek Community Development District. The District is governed by a five - member Board of Supervisors, who are elected for four year terms. The District operates within the criteria established by Chapter 190. - The District encompasses approximately 1,390 acres within Fiddler's Creek (the Development).The District is located in Naples, Florida and is a planned development of regional impact being developed by 951 Land Holdings Joint Venture (the Developer). The developer expects to construct approximately 6000 residential units including single - family detached, patio and zero lot line, duplexes, single - family attached and townhouse, and multi - family dwellings, commercial areas, two 18 hole golf courses and a stormwater management system. The District also contains jurisdictional wetlands that the District will maintain and manage. The financial statements of the District have been prepared in conformity with generally - accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard - setting body for establishing governmental accounting and financial reporting principles. The District's more significant accounting policies are described below. Reporting Entit As required by GAAP, these financial statements present the Fiddler's Creek Community Development District (the primary government) as a stand -alone government. The reporting entity for the District includes all functions of government in which the District's Board of -. Supervisors exercises oversight responsibility. Oversight responsibility includes, but is not limited to, financial interdependency, selection of governing authority, designation of management, significant ability to influence operations and accountability for fiscal matters. Based upon the application of the above - mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14, The Financial Reporting Entity, the District has identified no component units. 7 Fiddle r' s C reek Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A — SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Fund Accountinq The District maintains its financial records and accounts in accordance with the principles of — fund accounting, whereby resources for various purposes are classified for accounting and reporting purposes into funds that are in accordance with activities or objectives specified. Separate accounts are maintained for each fund; however, in the general - purpose financial statements, funds that have similar characteristics are combined into fund types. The fund types and account groups used by the District are as follows: 1. Governmental Fund Types: a. General Fund - Used to account for the operations and maintenance of the District, capital overhead, and all other financial activity not accounted for in other funds. b. Debt Service - Used to account for the accumulation of resources for, and the payment of, general long -term debt principal and interest. c. Capital Projects - Used to account for financial resources to be used for the acquisition or construction of major capital facilities which are not financed by proprietary funds. 2. Account Groups: a. General Fixed Assets Account Group - Used to account for fixed assets, including land and buildings, infrastructure and maintenance equipment used in governmental funds. b. General Long -Term Debt - Used to account for all unmatured principal of bonds and long -term liabilities of the District. Total columns on the general - purpose statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Basis of Accounting and Measurement Focus Basis of accounting is used to describe when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. The basis of accounting relates to the timing of measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Taxpayer- assessed income, late charges and intergovernmental revenues are recorded as revenue when earned where liability has been established and collectibility is assured, or losses can be reasonably estimated. Interest income is accrued when receivable within 60 days after year end. E:? 1611 Fiddler's Creek Community Development District -- NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A — SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Basis of Accounting and Measurement Focus (Continued) Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is that principal and interest on general long-term debt are recognized when due. ss.m The accounting and reporting treatment applied to fixed assets and long -term liabilities associated with a fund is determined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available spendable resources ". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are provided to present a summary of sources and uses of "available spendable resources" during a period. Budgets and Budgetary Accountin The District follows these procedures in establishing budgetary data presented in the general purpose financial statements. Annually, the District management submits to the Board of Supervisors a proposed operating budget for the fiscal year commencing on October 1. The operating budget includes proposed expenditures and the means of financing them. During September, public hearings are conducted to obtain public comments. The budget for each fund is adopted by resolution of the Board of Supervisors prior to September 30. The annual budget is adopted for the General and Debt Service Funds and approved by the Board of Supervisors. The budget amounts presented in the accompanying financial statements are as originally adopted or subsequently amended by the District's Board of Supervisors. Budgets are adopted on a basis consistent with generally accepted accounting principles. Estimated beginning fund balances are considered in the budgetary process, but are not included in the financial statements as budgeted revenue. Appropriations lapse at year -end. Management can perform amendments or transfers of appropriations within a fund. Amendments or transfers of appropriations between funds require the approval of the Board of Supervisors. The legal level of control is the fund level. There were no supplemental appropriations during the year. Budget amounts, as shown in these financial statements, are as originally adopted, or as amended by the Board of Supervisors and were not material in relation to the original appropriations. Encumbrances The District does not utilize encumbrance accounting. �7 Fiddler's Creek Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A —SUMMARY OF ACCOUNTING POLICIES (CONTINUED) General Fixed Assets Fixed assets used in governmental fund type operations are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. Public domain ( "infrastructure ") general fixed assets including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are capitalized along with other general fixed assets. No depreciation has been provided on such assets. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated assets are valued at their estimated fair value on the date donated. Investments Investments are stated at fair value. Restricted Assets Proceeds from the Special Assessment Bonds are restricted for the payment of District improvements constructed by the Developer and for debt service reserves required by the -- Bond Resolutions. Any unused construction funds are to be used to repay outstanding bond principal and interest. Special Assessments The District's special assessment revenue (non ad- valorem) is levied through Collier County based on the approved budget submitted to the County by the District on or before September 15 of each tax year. The assessment is included in the County's property tax levy which begins each November 1 and is due on or before March 31. NOTE B - CASH AND INVESTMENTS Cash includes amounts in demand deposits as well as interest bearing savings accounts. Deposits Florida Statutes require state and local governmental units to deposit monies with financial — institutions classified as "Qualified Public Depositories," a multiple financial institution pool whereby groups of securities pledged by the various financial institutions provide common collateral from their deposits of public funds. This pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member institutions, providing full insurance for public deposits. The District had deposits only with qualifying institutions as of September 30, 2002, or with banks in which depository insurance was sufficient to cover the deposit balance. The District is authorized to invest in those financial instruments as established by Florida Statute 218.345. The authorized investments consist of: Negotiable direct or indirect obligations which are secured by the United States Government; 10 Fiddler's Creek Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE B — CASH AND INVESTMENTS (CONTINUED) Authorized investments (continued) 2. The Local Government Surplus Funds Trust as created by Florida Statute 218.045; 3. Interest bearing time deposits or savings accounts in authorized financial institutions; _._ 4. Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. Cash and investments at September 30, 2002 consist of: Cash Demand deposit and savings accounts $2,395 Insured funds $2,395 The District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department in the District's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department but not in the District's name. Fair Value Category Money Market Treasury Funds $ 20,337,814 The investments in the money market treasury funds are not categorized because they are not evidenced by securities that exist in physical or book entry form. The types of deposits and investments and their level of risk exposure as of September 30, 2002 were typical of these items during the fiscal year then ended. The District considers any decline in fair value for certain investments to be temporary. In addition, the District has the ability to hold investments to maturity that have fair values less than cost. NOTE C — SPECIAL ASSESSMENTS Special Assessments Outstanding Special assessments receivable, beginning of year $ 56,172,159 Additional assessments needed for new bond 36,261,900 Special assessments and prepayments collected (4,358,343) Special assessments receivable, end of year $ 88,075,716 11 Fiddler's Creek Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE D - CHANGES IN FIXED ASSETS _., General Fixed Assets The following is a summary of changes in the general fixed assets account group for the year ended September 30, 2002: Balance Balance 10/01 /00 Additions Deletions 9/30/01 Infrastructure Construction in progress Cost of Development Equipment NOTE E - LONG -TERM DEBT $ 28,790,370 $ 28,790,370 $ 3,895,456 $ - $ 32,685,826 380,721 - 380,721 18,863 - 18,863 $ 4,295,040 $ - $ 33,085,410 The following is a summary of activity in the general long -term debt account group of the District for the year ended September 30, 2002 Long -term debt at October 1, 2000 $ 32,865,000 New debt issued 15,450,000 Principal payments (2,685,000) Long -term debt at September 30, 2002 $ 45,630,000 General long -term debt at September 30, 2002 is comprised of the following: Special Assessment Debt With Governmental Commitment $20,210,000 Series 1996 Term Bonds maturing through 2018, interest at 7.5 %, collateralized by the pledged revenues of special assessments levied against the benefited property owners, pay- able May 1 and November 1. $13,515,000 $9,305,000, Series 1999A Term Bonds, maturing May 1, 2021; interest at 5.875 %, collateralized by the pledged revenues of special assessments levied against the benefited property owners, payable May 1 and November 1. 9,055,000 $7,940,000, Series 1999B Term Bonds maturing `- May 1, 2021; interest at 5.8 %, collateralized by the pledged revenues of special assessments levied against the benefited property owners, payable May 1 and November 1. 7,610,000 - 12 Fiddler's Creek Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE E - LONG -TERM DEBT - CONTINUED $1020,000 Series 2002A Term Bonds, maturing May 1, 2033; interest at 6.875 %, collateralized by the pledged revenues of special assessments levied against the benefited property owners, payable May 1 and November 1. 10,120,000 $5,330,000 Series 2002B Term Bonds, maturing May 1, 2033; interest at 6.625 %, collateralized by the pledged revenues of special assessments levied against the benefited property owners, payable May 1 and November 1. 5,330,000 $ 45,630,000 The annual requirements to amortize the principal and interest of bonded debt outstanding as of September 30, 2002 are as follows: Year Ending September 30, Principal Interest Total 2003 $ 1,105,000 $ 3,035,849 $ 4,140,849 2004 1,355,000 2,961,190 4,316,190 2005 1,435,000 2,869,543 4,304,543 2006 1,545,000 2,772,340 4,317,340 2007 1,650,000 2,667,659 4,317,659 Thereafter 38,540,000 27,752,614 66,292,614 $45,630,000 $42,059,195 $ 87,689,195 Summary of Significant Bonds Resolution Terms and Covenants - The District levies special assessments pursuant to Section 190.022 of the Florida Statutes and the assessment rolls are approved by resolutions of the District Board. The collections are to be strictly accounted for and applied to the debt service of the bond series for which they were levied. The District covenants to levy special assessments in annual amounts adequate to provide for payment of principal and interest on the bonds. However, payment of principal and interest is dependent on the money available in the debt service fund and the District's ability to collect special assessments levied. The bonds are subject to mandatory redemption in part, by lot, prior to their scheduled maturity, at par without premium, together with accrued interest to the redemption date.The District also has the option to redeem the bonds at various redemption prices as defined in the indenture. 13 Fiddler's Creek Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE E — LONG TERM DEBT (CONTINUED) — The bonds are also subject to extraordinary mandatory redemption prior to maturity, in whole on any date or in part on an interest payment date if in part by lot at par, without premium, together with accrued interest to the redemption date if monies are available to retire the debt in accordance with the provisions of the indenture. The bond resolution and the trust indenture provide for the establishment of certain accounts and an order in which revenues are to be deposited into these accounts. The accounts include a construction, revenue, redemption, reserve, interest and prepayment account for each bond issue and are maintained by a trustee. The bond indenture provides for Debt Service Reserve Funds, which shall be held by the Trustee separate and apart from all other funds. The following is a schedule of reserve requirements and balances in the reserve accounts at September 30, 2002: Special Assessment Revenue Bonds Series Series Series 1996 1999 A/B 2002 A/B Reserve Balance $1,351,500 $1,454,102 $1,210,122 Reserve Requirement $1,351,500 $1,454,102 $1,210,122 Any excess is reserved for the payment of principal and interest. NOTE F - ECONOMIC DEPENDENCYAND RELATED PARTIES The District has an ongoing agreement with a management company to perform management advisory services, which includes financial and advisory services. One of the management company's employees serves as an officer of the District. Under the agreement, the District compensates the management company for management, accounting, financial reporting, special assessment roll preparation, computer and other administrative services. During the year ended September 30, 2002, the District paid approximately $52,000 to this management company for these services. In accordance with the master bond indenture, the District paid the Developer $4,274,752 from prior and current year bond proceeds during the year for the actual costs of improvements to the District. In addition, the Developer reimburses the District for all prepaid special assessments collected when lots or units are sold. For the year ended September 30, 2002, the Developer remitted $1,486,308 of prepaid special assessments to the District. 14 Fiddler's Creek Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE F— ECONOMIC DEPENDENCYAND RELATED PARTIES (CONTINUED) A material portion of the District's activity is dependent upon the continued involvement of the development corporation, the loss of which would have a materially adverse effect on the District. NOTE G - RISK MANAGEMENT The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the government carries commercial insurance. NOTE H - ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from the estimates. 15 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Fiddler's Creek Community Development District � September 30, 2002 c�c Ber er Toombs Elam 1611 <<} & Frarik Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the financial statements of Fiddler's Creek Community Development District as of and for the year ended September 30, 2002, and have issued our report thereon dated February 3, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Fiddler's Creek Community Development District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered Fiddler's Creek Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Member FICPA Private Companies Practice Section Berger, Toombs, Elam 1611 & Frank To the Board of Supervisors Fiddler's Creek Community Development District A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the board of supervisors, management, federal awarding agencies and pass- through entities and is not intended to be and should not be used by anyone other than those specified parties. Fort Pierce, Florida February 3, 2003 AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45 FLORIDA STATUTES Fiddler's Creek Community Development District September 30, 2002 ccc Ber er Toombs Elam 161 <<} & Frarik Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 Report of Independent Certified Public Accountants To the Board of Supervisors Fiddler's Creek Community Development District Naples, Florida We have audited the general purpose financial statements of the Fiddler's Creek Community Development District (the District) for the year ended September 30, 2002, and have issued our report thereon dated February 3, 2003. We conducted our audit in accordance with generally accepted auditing standards and Government Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. In connection with our audit, we have made a study of the District's internal control and administrative control procedures that we considered relevant to the criteria established by the Office of the Auditor General as set forth in Rules of the Auditor General Chapter 10.550, "Local Governmental Entity Audits." We have issued our Report of Independent Certified Public Accountants on Internal Control and on Compliance with Laws, Regulations and Contracts dated February 3, 2003. Disclosures in that report, if any, should be considered in conjunction with this management letter. The Rules of the Auditor General (Section 10.554(1)(g)1.) require that we comment as to whether or not inaccuracies, shortages, defalcations, fraud and violations of laws, rules, regulations and contractual provisions reported in the preceding annual financial audit report have been corrected. There were no inaccuracies, shortages, defalcations, fraud and violations of laws, rules, regulations and contractual provisions reported in the preceding annual financial audit. The Rules of the Auditor General (Section 10.554(1)(g)1.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been followed. All recommendations and other comments from the preceding annual financial audit have been properly addressed. As required by the Rules of the Auditor General (Section 10.554(1)(e)2.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, "Determination of Financial Emergency ". In connection with the results of our audit, Fiddler's Creek Community Development District is not in a state of financial emergency as a consequence of the conditions -- described in Section 218.503(1), Florida Statutes. As required by the Rules of the Auditor General, we applied financial condition assessment procedures pursuant to Rule 10.556(8). There were no deteriorating financial conditions noted. Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Member FCPA Private Companies Practice Section it Berger, Toombs, Elam 1611 & Frank To the Board of Supervisors Fiddler's Creek Community Development District As required by the Rules of the Auditor General (Section 10.554(1)(g)6.), we determined that the annual financial report for the District for the fiscal year endedSeptember 30, 2002, was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year endedSeptember 30, 2002. As required by the Rules of the Auditor General (Section 10.554(1)(g)2.) the scope of our audit included a review of the provisions of Section 218.415, Florida Statutes, regarding the investment of public funds. In connection with our audit,we determined that the District complied with Section 218.415, Florida Statutes. The Rules of the Auditor General (Sections 10.554(1)(g)3., 4.) require disclosure in the management letter of the following matters if not already addressed in the auditors' report on the internal control and compliance: recommendations to improve financial management, accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not -- materially affect the financial statements; improper or inadequate accounting procedures; failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.554(1)(8)3., 4.): Internal control matters and violations of laws, rules and regulations discovered within the scope of the financial and compliance audit which may or may not materially affect the financial statements are addressed in our report on internal control and compliance with laws and regulations, dated February 28, 2003. There were no illegal or improper expenditures discovered within the scope of the financial audit. The District was established August 13, 1996 by Rule 42X -1.001 through 42X -1.003 Florida Administrative Code which conforms with the process contained in Chapter 190 of the Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community -wide infrastructure. This report includes all funds and account groups of the District, which is the primary government. There are no component units. This report is intended solely for the use of management and the Auditor General of the State of n a, and should not be used for any other purpose. 057X,-,,� Fort Pierce, Florida February 28, 2003 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners RECEIVED FROM: Derek Johnssen, General Accounting Manager MAR 2 11 2003 Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 otrd of ?.,ouOt,y "001missioners RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. FIDDLFR'S CREEK COMM UNITY DFVFLOPMFNT DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District, has submitted the following: (a) Minutes of October 23, 200 Meeting (b) Unaudited Financial Statements dated September 30, 2002 Thank you \speciahspecial ��� -ke,, ® Fiddler's Creek Community Development DistricJ611 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 RECEIVED Date: February 13, 2003 FEB 2 4 2003 FINANCE DEPT Memo: Clerk of the Circuit Court Finance Depart. c/o Derrick Johnssen 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 Robert Fernandez Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 3200 Tamiami Trail North, #200 Naples, FL 34103 -4108 Rachlin, Cohen & Holtz One Southeast 3', 10th Fl. Miami, FL 33131 From: Gary L. Moyer, District Manager RE: October 23, 2002 Meeting Enclosed for your records is a copy of the above reference minutes of the Meeting of the Fiddler's Creek Community Development District which are to be kept on file for public access. Missing from the document is Resolution 2003 -2 and the Addenda to Construction and Funding Agreement; copies will be provided upon receipt. GLM /j mr Encl. 1611 MU NUTES OF MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, October 23, 2002 at 10:00 a.m. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present and constituting a quorum were: Paul Riegelhaupt Clifford Olson Q. Grady Minor Roberto Ruberto Also present were: James P. Ward C. Sam Kissinger Anthony Pires Mark Strain Brian Lamb Terry Cole Chairman Vice Chairman Assistant Secretary Supervisor Manager Assistant Manager Attorney Developer District Staff Engineer FIRST ORDER OF BUSINESS Roll Call Mr. Kissinger called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 28, 2002 Meeting Mr. Kissinger stated each Board member had received a copy of the minutes of the August 28, 2002 meeting and requested any additions, corrections or deletions. Mr. Minor stated in the center of page 3, I believe Mr. Strain made the comment "Mr. Cole responded we have a lake dug..." The same for the last paragraph, "Mr. Cole responded I do not know how much..." On page 4, is the motion to close the public hearing in the right location of the minutes? Mr. Riegelhaupt responded yes, that motion refers to closing the public hearing to adopt the budget. Mr. Minor stated on page 6, the seventh line down, "Mr. Cole stated we will need the appropriate paperwork," I do not think Mr. Cole made that statement. Mr. Kissinger responded Mr. Olson made that statement. October 23, 2002 Fiddler's Creek CIA 11 On MOTION by Mr. Olson seconded by Mr. Minor wi all in favor the minutes of the August 28, 2002 meetii were approved as amended. TH RD ORDER OF BUSINESS Consideration of Agreements A. Statewide Mutual Aid Agreement and Resolution 2003.1 Approving Same Mr. Kissinger stated this is a requirement to be able to secure FEMA funds and assistance in time of an emergency or disaster. Mr. Pires stated in the past this primarily applied to other local governments such as cities and counties and was not offered to Districts. It is an appropriate agreement that gives each governmental entity the resources of other local governmental entities at times when they need emergency assistance under any circumstance. Mr. Kissinger stated we recommend this agreement. It leaves you in control to call for aid, pay for it and be reimbursed by FEMA. On MOTION by Mr. Riegelhaupt seconded by Mr. Mino with all in favor Resolution 2003 -1 approving the Statewide Mutual Aid Agreement was adopted. B. Addenda to Construction and Funding Agreement Mr. Pires stated the Developer has been administrating the various projects within the District, which I have been finalizing as they near completion. There was envisioned in the Project Improvement Acquisition Agreement the concept of the District and the Developer entering into these agreements. We recommend approval for the Chairman to execute this addenda to the agreement on the 1999 and 2002 project. There is sufficient money within the construction project funds to pay the administrative costs and project management fee. Mr. Strain stated we do not withdraw these monies until the bond is completed. Mr. Olson stated I thought we already had this agreement. Mr. Pires stated it was contemplated in the Acquisition Agreement but never formalized. Mr. Minor asked is the 4% management fee a typical charge in other Districts? Mr. Ward responded yes. 2 October 23, 2002 Fiddler's Creek C.D.D. On MOTION by Mr. Minor seconded by Mr. Olson with all in favor the addenda to the Construction an Funding Agreement was approved. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney 1611 Mr. Pires stated I have been working on routine items with the Engineer and the Developer on the funding and the acquisitions and have nothing more to report at this time. B. Engineer Mr. Cole stated each of you received a copy of the revised Engineer's Report for District I, Phase 3 that was revised to add a few minor items for construction that include a left turn lane into the club center where we are presently meeting, the entry feature upgrades at the Championship Drive gatehouse as well as some paver block upgrades at the Fiddler's Creek Parkway main entrance gatehouse at a total cost of approximately $100,000. There are sufficient funds in the present bond among contingencies and other items to cover this work. It is recommended for approval of these three minor items. Mr. Minor asked which bond issue does it come out of? Mr. Cole responded the 2002 Bond issue. Mr. Ward stated you have an Engineer's Report that is in place that was a part of the bond issue you are essentially amending and will ask Mr. Pires to codify the actions that you take in a resolution amending the Engineer's Report to include those items not previously included in the original Engineer's Report for the Series 2002 bond issue. That resolution will be on next month's agenda for your approval. Mr. Pires stated it will be Resolution 2003 -2. Mr. Minor asked what are you doing for the upgrade to the entry feature at Championship Drive? Mr. Cole responded they made Creek Parkway and want to change consistent with that look. revisions to the main entry on Fiddler's the entrance at Championship Drive to be Mr. Minor asked what are they doing with the paver blocks? Mr. Cole responded they are making them consistent with the pavers put in at the new entry. 3 October 23, 2002 Fiddler's Creek C.D.D. Mr. Strain stated the SY .W.M.D. approved the transfer of the consumptive p ive use permit from the farm next door that is owned by the Developer to use as an irrigation lake that the District will now be able to utilize. It will take 6-8 months to finish the work that is in this particular 2002 bond, but by the next budget year we should be online with our own onsite water so we do not have to buy water from the County. Mr. Minor asked will you shut the valve on the County's potable water supply and put our irrigation water in the same lines? Mr. Strain responded yes, the pump house and lake will service all the existing District areas and we have plans for another one in a few years as the south side area builds up. The farm has open wells on it with a 3.4 billion gallon consumptive use permit and allowed us to transfer 400 million gallons per year to Fiddler's Creek in it's current size. As we develop more of the farm we are allocated more gallons and in the end our build out consumptive use is less than what the farm used and is why it is looked at favorably. Mr. Minor asked do you have to use the farm wells? Mr. Olson responded no, we are going to use surface lakes but those wells are in locations that will not coincide with the lakes. Mr. Minor asked how deep are those wells? Mr. Olson responded 15 feet. Mr. Cole stated the last fee schedule for our billing rates was submitted about three years ago and today I am submitting an updated schedule for the Board's approval. The individuals most likely to work on the project are listed with the rates from 1999 to 2002 and are consistent with our current billing schedule used company -wide for all projects. Mr. Olson asked are these numbers consistent with the market? Mr. Minor responded yes, these are numbers that I am used to. On MOTION by Mr. Riegelhaupt seconded by Mr. Olson with all in favor the 2002 Professional Fee Schedule with Hole Montes, Inc. for the referenced project was approved. 0 October 23, 2002 Fiddler's Creek C.D.D. C. Manager 1611 i. General Fund Analysis ii. Financial Statements Mr. Lamb stated a couple of months ago Vice Chairman Olson asked me to provide an analysis of where the General Fund Budget is. The overall fiscal year 2002 percentage for budget to actual expenditures should be 91.67% through the end of August in General Fund 001. Total actual expenses through the end of August were at 75.26% to budget. The difference is 16.41% (under budget), which equates to and projects a surplus of $59,793.42 at the end of the fiscal year. We are beyond the end of the fiscal year now and the actual revenues and expenses in the financial statements dated September 30, 2002 show 89.95% in revenues and 84.39% in expenses. This equates to about $90,000 to the end of fiscal year and does not include any recurring invoices, such as streetlighting, that may still be in bills that have not been paid out. We expect $60,000 to be a good number because of the savings in the irrigation potable water supply. We were fortunate to have a good wet season and responsible personnel maintaining the rain gauges so we were not using the potable water supply when it was not necessary. We also found some expenses that were over the anticipated budgeted amounts. The insurance category was slightly over due to the unanticipated premium increase; due to the negotiations with the County some legal fees were over; due to the growth of the system the streetlighting repairs and maintenance program had more repairs than anticipated and the fountain maintenance exceeded the budgeted amount due to the aging fountains that were anticipated to be replaced in fiscal year 2003. There were several categories listed at 100% at the time, but most of them were a seasonal expense, such as the holiday lighting program, etcetera, where you receive one bill for the entire amount in one month. Mr. Riegelhaupt stated a one -page report like this is very helpful to the Board to review and should be done on a quarterly basis over the fiscal year. Mr. Kissinger stated it would be difficult to do for the first quarter. FIFTH ORDER, OF BUSH* ESS Supervisor's Requests and Audience Comments Mr. Riegelhaupt stated I am tendering my resignation from the Board as of January 15, 2003. I chose January 15' so there will be someone able to take my 5 October 23, 2002 Fiddler's Creek C.D f'61 1 place if he so desires. My wife and I hope to travel next year and spend time with our family up north. Mr. Ward stated the Statute allows for the balance of the Board to appoint someone to fill Mr. Riegelhaupt's unexpired term to the end of 2004. Mr. Ruberto, Mr. Minor and Mr. Olson's terms expire November 2002. There is a Landowners Election in November for the election of that one landowners seat that two people have qualified for. It might be better to wait until the January meeting to seat the new Board and handle it then. If there is nothing on the agenda and a lot of you will be gone we will cancel the November meeting and in all likelihood will cancel December's meeting also. Mr. Pires stated the only consideration is the resolution amending the Engineer's Report. Mr. Ward stated it can wait until January. Mr. Riegelhaupt stated it would make sense to defer it to January and let the full Board vote on it. Mr. Pires stated if the Developer does the work and once it is adopted as part of the Engineer's Report then it puts the District in the position to help pay for it and acquire it after that. Mr. Strain asked does that mean reimbursement to the Developer will not occur until January? Mr. Pires responded that is right. Mr. Strain asked is there any way that can be accomplished today instead of waiting until January, it was already deferred from last month's agenda and has been circulating for two months? Mr. Ward responded if the Developer desires to do that, the Engineer's Report is the meat of the subject that you have before you. Mr. Pires is going to prepare a resolution that essentially says it is a resolution of the Board of Supervisors of the Fiddler's Creek C.D.D. amending and restating in it's entirety as read by title: THE REVISED ENGINEER'S REPORT FOR DISTRICT 1, PHASE 3 IN THE FIDDLER'S CREEK C.D.D. PROVIDING FOR AN EFFECTIVE DATE, PROVIDING FOR SEVERABILITY AND PROVIDING FOR CONFLICTS. You are welcome to adopt the resolution today by title and Mr. Pires will fill in the body of the resolution that the Engineer's Report will be attached to. in October 23, 2002 Fiddler's Creek C.1 Mr. Pires stated the body of the resolution is a standard format that adopts it as an amendment to the Engineer's Report. Mr. Riegelhaupt stated providing that Mr. Pires provides the resolution in form as just discussed. On MOTION by Mr. Minor seconded by Mr. Riegelhaupt with all in favor Resolution 2003 -2 amending the Engineer's Report for the Series 2002 bond issue was adopted. SIXTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Minor seconded by Mr. Riegelhaupt with all in favor the meeting adjourned at 10:32 a.m. Jam s P. Ward, Secretary cliffo d Olson ,Chairman 7 AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday Club & Spa at Fiddler's Creek October 23, 2002 3470 Club Center Boulevard 10:00 A.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the August 28, 2002 Meeting 3. Consideration of Agreements A. Statewide Mutual Aid Agreement and Resolution 2003 -1 Approving Same B. Addenda to Construction and Funding Agreement 4. Staff Reports A. Attorney B. Engineer C. Manager • General Fund Analysis • Financial Statements 5. Supervisor's Requests and Audience Comments 6. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription of meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication _ Naples -Daily News, FIDDLER'S CREEK C.D.D. NO. 2 JAMES WARD 210 N UNIVERSITY DR #710 CORAL SPRINGS FL 33071 REFERENCE: 052301 58537099 NOTICE OF MEETINGFID State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mait matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 1016 AD SPACE: 69.000 INCH FILED ON: 10/16/02 Signature of Affiant (� Subscribed bef e e th' V day of - 20Q b Personally know n y me tr Sworn to and �,ty C�ChI4'i'( ?SSQi7 �;h05f33[> 11, 21005 X611,» RESOLUTION NO. 2003-1 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, on September 23, 2002, the Board of Supervisors of the Fiddlers Creek Community Development District approved an agreement with the State of Florida, Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and WHEREAS, the Florida Department of Community Affairs requires an independent special district to participate in the Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 9G -1 9, Base Funding for County Emergency Management Agencies and Municipal Competitive Grant and Loan Programs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, THAT: Section 1: The foregoing `WHEREAS' clauses are true and correct and are hereby ratified and confirmed by the Board of Supervisors. Section 2: That execution of the attached Statewide Mutual Aid Agreement is hereby authorized, and the Agreement is hereby approved. Section 3: This Resolution shall become effective immediately upon its passage and adoption. 1611 ADOPTED by the Board of Supervisors of the Fiddlers Creek Community Development District, Collier County, Florida, this 25th day of September, 2002. Jame P. Ward Secretary Approved as to Legal sufficiency: BOARD OF SUPERVISORS FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT, FLORIDA f Paul Riegelha Chairman sr:Ij �r i *0 %+ July 31, 2000 tt 411f STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS, State of Florida (the "Department "), and all the local governments signing this Agreement (the "Participating Par- ties ") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency .Management (the "Division "), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. 161. July 31, 2000 .40 %* tif 4wi F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 im, 400 %+ July 31, 2000 G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Party and the time necessary to return them to their place of origin or to the headquarters of the Assisting Parry. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, *# % * July 31, 2000 m-.- Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government" is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 1611 *0 %+ July 31, 2000 t 9 4wi of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in *0 %* July 31, 2000 1611 tivA*i accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; rel ANO July 31, 2000 tt 401f 1611'" G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Party; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 July 31 2000 1611 C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition ofAssistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Parry shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Parry shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self - sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 8 161 1 ' *F % * July 31, 2000 t if 4*Wi V be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self - sufficient personnel or self - sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by -an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 9 1611�,; 410 %* July 31, 2000 t if 41� V B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 400 %* July 31, 2000 other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an-arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 *0 %* July 31, 2000 t 19 4ft ARTICLE VIII. Costs Eligible for Reimbursement 1611. The costs incurred by the Assisting Party under this Agreement shall be reimbursed as needed to make the Assisting Parry whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobiliz. dtion. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Parry shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Parry shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 ME ANO %*- July 31, 2000 it 1V4vi Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Parry shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 1611 *F %* July 31, 2000 t if 4*0� V D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present .information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 AMP %* July 31, 2000 t 19 4ft C. Any Participating Party that is self - insured with respect to any line or lines of in- surance shall file with the Division copies of all resolutions in currenuffect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 161;. *F %* July 31, 2000 t if 4% Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- mitted in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation of the employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee,- Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 1611" -" *0 %* July 31, 2000 t 19 4% purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations ofthat Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 1611 400 %* July 31, 2000 t 19 *i D. Unless superseded by the execution of this Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE MI. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 *0 % * July 31, 2000 tv 4wi V Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion of the Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 1611 July 31, 2000 4wi V IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk 20 Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney Amp %* July 31, 2000 t ZU*wi DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CITY CLERK Title: 21 Date: CITY OF STATE OF FLORIDA Title: Date: Approved as to Form: By: City Attorney July 31, 2000 tu 4wi V DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director FLII)w,ER Is cxEEK DISTRICT, STATE OF FLORIDA 0. By: Title: James P. Ward, Secretary 22 1611 Date: 10/23/02 By: Title: Paul Riegelha Chairman Date: Q /2 3 / 0 `�--- Approved as By: Attu Anthony Pires. 400 �4wi Date: Name of Government: July 31, 2000 1611, STATEWIDE MUTUAL AID AGREEMENT FORM A Mailing Address: City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Title: Address: Day Phone: Night Phone: Telecopier: InterNet: First Alternate Representative Name: Title: Address: Day Phone: Telecopier: Second Alternate Representative Name: Title: Address: Night Phone: InterNet: Day Phone: Night Phone: Telecopier: InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs- Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399 -2100 23 July 31, 2000 .*# %* t 19 4ft STATEWIDE MUTUAL AID AGREEMENT Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: Form B 24 1611 # July 31, 2000 % * t ZU4wi STATEWIDE MUTUAL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 July 31, 2000 .*F %* t if 4wi V STATEWIDE MUTUAL AID AGREEMENT Form B S. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: 26 *0 %* July 31, 2000 t if 4wi V STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources 2. Estimated Time Resources Available: 27 1611 July 31, 2000 -*# %* t if 41%*i STATEWIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: IWI 161' IRM 1611 HOLE MONTES ENGINEERS - PLANNERS - SURVEYORS VIA FEDERAL EXP>Sre Way • Naples, Florida 34110 • Phone: 239.254.2000 • Fax: 239.254.2099 September 20, 2002 Jim Ward COMMUNITY DEVELOPMENT DISTRICT OFFICE 210 North University Drive Suite 301 Coral Springs, Florida 33071 -7339 RE: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT DISTRICT 1, PHASE 3 HM FILE NO.: 1993132/13204 Dear Mr. Ward: Enclosed for your information is a revised Engineer's Report for three Developer requested items to be added to the proposed work within Phase 3. Mark Strain has asked that these items be considered for approval at the meeting on September 25, 2002. The items include: • Construction of a left turn lane for the Club Center. • Upgrade the entry feature at the Championship Drive gatehouse • Upgrade the paver blocks at the Fiddler's Creek Parkway gatehouse. Based on my discussion with Mark Strain today, there are sufficient contingency funds within the original bond amount to cover the proposed work which is estimated to cost approximately $100,000. Therefore, it is requested that these items be considered for construction within the Phase 3 Scope of Work. Should you have any questions or require further information, please feel free to give me a call. Very truly yours, HOLE MONTES, INC. W. Terry Cole, P.E. Vice President WTC Enclosures cc: Tony Pires w /enclosures Mark Strain w /enclosures W: \1993 \1993132 \13204 \020920JWCDD#1 PH3.doc Naples • Fort Myers • Venice • Englewood REVISED ENGINEER'S REPORT FOR DISTRICT 1, PHASE 3 OF THE FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT BOARD OF SUPERVISORS FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT ENGINEERS: HOLE MONTES, INC. 950 ENCORE WAY NAPLES, FLORIDA 34110 FINANCIAL ADVISOR: FISHKIND AND ASSOCIATES 11869 HIGH TECH AVENUE ORLANDO, FLORIDA 32817 October 2002 161]. WI-M TABLE OF CONTENTS SECTION PAGE NO. 1. INTRODUCTION 1 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 5 3. PROPOSED PHASE 3 DISTRICT INFRASTRUCTURE 10 4. OPINION OF PROBABLE CONSTRUCTION COSTS 15 5. PERMITS 26 TABLES TABLE 1 - LAND USE SUMMARY 3 TABLE 2 - SUMMARY OF OPINION OF PROBABLE COSTS FOR THE DISTRICT INFRASTRUCTURE 16 TABLE 3 - DESCRIPTION OF DISTRICT INFRASTRUCTURE COMPONENTS AND OPINION OF PROBABLE COSTS 17 liKI-182110-lim EXHIBIT 1 - LOCATION MAP 2 EXHIBIT 2 - DISTRICT BOUNDARY AND PROPERTIES SERVED 6 EXHIBIT 3 - PUD ZONING AND PHASING LIMJTS 7 1. INTRODUCTION 1.1 Description of the Fiddler's Creek Community Fiddler's Creek is an existing 3,943 acre master planned residential community located in Naples, Florida within Collier County, Florida (See Location Map - Exhibit 1). In 1996, the primary developer formed the Fiddler's Creek Community Development District (the District), which encompassed the entire acreage of the community at that time, totaling 1,389.77 acres. To date, the District is comprised of the original acreage. It is anticipated that the District boundaries will be modified as development progresses. The Fiddler's Creek community will be fully amenitized and will offer a maximum of 6,000 residential units for the entire project, including single - family detached, patio and zero lot line, duplexes, single - family attached and townhouse, and multi- family dwellings; commercial areas; three 18 -hole golf courses; a stormwater management system; wetland preserves; full utility infrastructure; landscaped roadways; gated entries; and landscaped perimeter berms. A land use summary for the District is shown in Table 1. The District is proposed in order to construct, operate, and maintain the necessary infrastructure to service the Fiddler's Creek community. The Fiddler's Creek community will be developed in phases in response to market demands. Five phases of major infrastructure construction are anticipated. Construction of Phases 1 and 2 are substantially completed and consist of infrastructure, exotic vegetation removal, and excavation of a portion of the "Creek" at Fiddler's Creek which mss- -a- marsh- buffer -- and - spreader--& ale system. Phases -- sf-subsequent - senstructio will - - - -- — continue through year 2008 when the development within the original district area is expected to be completed. The expected phasing is as follows: PHASE EXPECTED YEAR OF COMPLETION 1 1999 2 2001 3 2003 4 2005 5 2008 WA1993\ 1993132\ 13202\ PH3ENGRREPORn20920revised -1.DOC 1 ' r i C C C C M C i t 1 rt t z n K M C: C P C C L 3 m Z m e U 0 1 m v 'a 1-i .N. C 0 L e 0 a a m / 0 n 0 m m rn 611 .mot eJy Comm tap" Xwm*wa ~%t 1 l""-% r Gs . FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT s50 Encore Way LOCATI ®N MAP a� 13Y : tRD= 406 Na les, FL 34110 C. W.T. ae. ?o AVE Phone: (941) 254 -2000 DRAVAt 13Y I CAD FU NMie PiflLE MOWES Florida Certificate of 'm 3132= ENGINEERS PLANNERS SUR�Ifi Brizatlon No.1772 DATE ` O° - s o2 /ga 1 TABLE 1 LAND USE SUMMARY TYPE C)kUSE TOT AL'. . RESIDENTIAL 541.78 39.0 COMMERCIAL 33.62 2.4 PARKS 13.67 1.0 FC' S GOLF COURSE/CLUB/ MAINTENANCE 141.60 10.2 CLUB CENTER 11.00 0.8 CONEVIUNITY FACILITY 6.03 0.4 RIGHT -OF -WAY 82.08 5.9 PRESERVE 243.37 17.5 LAKES 152.81 11.0 FIDDLER'S CREEK 82.55 5.9 hESC. (Open/Easements) 81.26 5.9 i I TOTAL 1,3 89.77 j 100.0 W: \1993\ 1993132\ 13202 1PH3ENGRREPORn2W20- vised -1.DOC 3 i MI-01 1.2 Purpose and Scope of the Report The purpose of this report to provide a description of the Phase 3, capital improvements to be constructed and financed by the District; and an apportionment of the costs for the capital improvements, and their operation and maintenance. The financing and assessment methodology will be developed by the District's financial advisor. The purpose of this revision is to include the construction of a turn lane into the Fiddler's Creek Clubhouse, landscaping and entry monument upgrades at the project entrance on Championship Drive, and paver block upgrades at the existing Fiddler's Creek Parkway gatehouse. The overall costs of the work will not exceed the original bond amount $12,192,000.00. W A 1 993\ 1993132\ 13202\PH3 ENGRREPORT020920revised -1.DOC 4 2. DISTRICT BOUNDARIES AND PROPERTIES SERVED 2.1 District Boundaries Exhibit 2 delineates the current boundaries of the District. In the future, additional project areas may be added to the District as described on Page 10 and as depicted on Exhibit 3. The District is surrounded by residential, preserve, agricultural, public and undeveloped land uses including U.S. 41 to the north; Imperial Wilderness Mobile Home Park and agricultural uses to the east; state preserve lands to the south; State Road 951, Port-Au -Prince and Diamond Shores Mobile Home Parks to the west; and Pelican Lakes Mobile Home Park and undeveloped lands to the northwest. 2.2 Description of Properties Served The District is located in Sections 11, 14, 15, 22, 23 and 24, Township 51 South, Range 26 East, Collier County, Florida. The existing land within the District consists of developed areas and fallow agricultural fields, wetlands, and forested open space. The terrain is flat with elevations ranging from 1 to 4 feet NGVD. Ground water is generally located at or above the surface to one foot below natural grade during the rainy season. During the dry season water table elevations may drop 2 to 3 feet. The entire property within the District is zoned "Planned Unit Development" (PUD) and is depicted as such on Exhibit 3. In addition, Exhibit 3 delineates the phasing limits. W:\ 1993\ 1993132\ 13202 \PH3ENGRREPORT020920revised -I .DOC 5 0 N 0 0 0 P t r O O O II U 0 X Y m U -o m s 0 a c U U LL a r 6 0 t I 9 C'; a/ J' 3W Z � OOH in 0 z G OO �U m O U W O V Z O C9 O M H Z W !?r O O ,t V 0 i O m U i o °' 0 =3% (n °v FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT C>IE BY i PROJECT Na 950 Encore Way DISTRICT BOUNDARY W.T.m ea.�a Na les, FL 34110 DRA1�M 9Y , =14A Phone: 941) 254 -2000 ��� `1O� Florida cerHfica% of 1 ENGINEERS PLANNERS SURVFX&ASrizaflon No.1772 ��OP��T1�� 5 ���� na�E o2�sa 2 6 • • dh ''fir' >✓ � A � ■ ■ ■ • .M' ; �G tl! I.•I t6? m r I , r w '4� f 7 y 9 df t� _• Lf✓'yr J'f J �J jF,'�'''�. N �� �^V� rr ,�'�fr� - 7 • • • ♦ 9 Encore 50 Naples. FL ' ♦ , .] HOLE MC*TMS Phone: (941) 000 Florida Certificate of AND m iiA m IAA Ill PHASING ■ 6 23 Existing Infrastructure The District is located within the Collier County Water -Sewer District which will provide water, wastewater and irrigation water services to the project. The Collier County Board of County Commissioners serve as Ex- Officio governing board of the Collier County Water -Sewer District. Potable water for the project will be provided by connection to and extension of existing County Water -Sewer District water mains. There are existing 12" and 8" diameter water mains located along Championship Drive, Club Center Boulevard, Fiddler's Creek Parkway, and Mahogany Bend Drive within the Phase 1 and Phase 2 District areas. Potable water will be provided by the Collier County Regional Water System. Wastewater from the community is being collected within the site and transported by force main to Master Pump Station 3.16 of the Collier County Water -Sewer District. The wastewater is then pumped via force main to the South County Regional Wastewater Treatment Facility. Irrigation water service will ultimately be provided by the County Water -Sewer District as reclaimed water becomes available from the South County Regional Wastewater Treatment Facility and from the proposed stormwater irrigation utility. Until the County Water -Sewer District is able to provide adequate reclaimed water from the South County Regional Wastewater Treatment Facility (and, if necessary in the future, to supplement the service), on -site irrigation water storage and pumping facilities will also be provided by the District when permitted. W A1993\ 1993132\ 13202\PH3 ENGRREPORT020920revised -1.DOC 8 The District is located within the McIlvane Bay watershed. Existing runoff from the District flows overland to state preserve lands to the south. The preserve lands dischai'ge into McIlvane Bay which is a tidal system. The District is adjacent to two major roadway arterials including U.S.41 to the north and State Road 951 to the west. The District will have three major connections to these arterials within the original CDD boundaries. The District is located within the franchise areas of Florida Power and Light, and Sprint Telephone Service. Cable service is available from Time Warner. These utilities provide electrical power, telephone service, and television cable to the District. In summary, all utilities are available to the property or will be during the development of the infrastructure. W A 1 993\1993132\1 3202\PH3 ENGMPORT020920revised -1.DOC 9 PROPOSED PHASE 3 DISTRICT INFRASTRUCTURE Summary of the proposed Phase 3 District infrastructure The Phase 3 District infrastructure will generally consist of the following: 3.1 Roadways 3.2 Utilities 3.3 Earthwork and Clearing for Stormwater Management 3.4 Stormwater Management Facilities 3.5 Roadway Lighting 3.6 Landscaping 3.7 Security 3.8 Wetland Mitigation and Monitoring 3.9 Off -Site Improvements 3.10 Design of Future Phase 5 Approximately $1.5 million of reimbursements for work performed outside the present CDD District boundaries are scheduled to be paid in Phase 3. Items 3.3, 3.4 and 3.8 below contain descriptions of these reimbursement items. These reimbursements will be held in escrow until the District boundaries are amended to include the portion of Section 13 in which the improvements were constructed. Exhibit 3 shows the proposed District boundary revisions including that portion of Section 13 for which reimbursements will be made in Phase 3. To the extent that the District boundaries are not revised, the reimbursement dollars will be expended on other District projects. 3.1 Roadways The roadways within the Phase 3 District will consist of 2 -lane undivided and 4 -lane divided sections. The roadways will serve the various land uses within the District and will connect to existing Phase 1 and Phase 2 roadways. The roadways will be constructed within platted rights -of -way. It is currently estimated that 1.6 miles of roadway will be constructed. W _\ 1993 \1993132\ 13202\ PH3ENGRREPORn20920revised -1.DOC 10 The roadways will be constructed of stabilized subgrade, limerock base, asphalt paving, curbing, sidewalks, bike paths, signage, and striping. The roadways will also include landscaping and street lighting which are described in subsequent sections. The roadways will be designed and constructed in accordance with appropriate Collier County and PUD Standards. In addition, a golf cart tunnel which was constructed (but not funded) in Phase 2 will be included in the Phase 3 Roadway component. The tunnel was constructed to facilitate the crossing of existing golf cart paths under Fiddler's Creek Parkway. Also, a turn -lane going into the Club Center and paver block upgrades at the Fiddler's Creek Parkway gatehouse will be included in the Phase 3 Roadway component. 3.2 Utilities The utilities within the Phase 3 District will consist of potable water, wastewater and irrigation systems which will be designed and constructed in accordance with appropriate Collier County Water -Sewer District and Florida Department of Environmental Protection standards. It is anticipated the water and wastewater facilities will be conveyed by the District to the Collier County Water -Sewer District by the District for ownership, operation, and maintenance after completion of construction. The potable water facilities will include distribution mains with required valving, fire hydrants and water services to individual lots and development tracts. Connections to the existing County system will be made at Fiddler's Creek Parkway and Club Center Boulevard within the Phase 1 District area and Fiddler's Creek Parkway and Mahogany Bend Drive within the Phase 2 District area. It is currently estimated that 11,600 lineal feet of water main will be constructed in Phase 3. w: \1993\ 1993132\ 13202 \PH3ENGRREPORn20920mvised -1.DOC 11 The wastewater facilities will include gravity collection mains with individual lot sewer services, collection system pump stations, and force mains to connect to the existing Collier County facilities within the Phase 1 and Phase 2 District areas. It is currently estimated that 4,800 lineal feet of gravity collection system, 7,850 lineal feet of force main, and three pumping stations will be constructed in Phase 3. The irrigation system for Phase 3 will include water from lakes and/or reclaimed water; an irrigation pumping facility; and irrigation transmission /distribution mains with services for lots and development parcels. Initially potable water will be used as an irrigation source until lakes and/or reclaimed water- stormwater becomes available. The irrigation pumping facility will deliver irrigation water to users within the District. It is estimated that 11,500 lineal feet of irrigation transmission/distribution main will be constructed in Phase 3. 3.3 Earthwork and Clearing for Stormwater Management Stormwater management lakes within the District will be excavated and the material will be used for fill of roadways, perimeter berms, golf course construction and development tracts. It is necessary to fill these components to provide minimum finished elevations for typical storm events and flood protection. Areas will be cleared to facilitate earthwork operations. The lakes will be excavated in accordance with the size and depth requirements of Collier County, South Florida Water Management District and the Deltona Settlement Agreement. In Phase 3, approximately 25 acres of lakes will be excavated resulting in approximately 460,000 cubic yards of fill which will be used to complete roadways, berms, development tracts and the golf course. All excavated material will remain on the site as required by Collier County requirements. W :\1993\ 1993132\ 13202 \PH3ENGRREPORn20920revised -I .DOC 12 A part of the Phase 3 cost is for reimbursement for earthwork and clearing work within a portion of Section 13 as shown on Exhibit 3. 3.4 Stormwater Management Facilities The District stormwater management system will consist of excavated stormwater management lakes, stabilized lake banks, drainage pipes, catch basins, swales, berms and water control structures. Stormwater runoff from the areas within the District will be collected and transported to the stormwater management lakes for water quality treatment and water quantity storage. The stormwater will discharge from water control structures to spreader swales which will discharge into preserve areas to the south. A part of the Phase 3 cost is for reimbursement for stormwater management work within a portion of Section 13 as shown on Exhibit 3. The stormwater management system will be designed in accordance with South Florida Water Management District standards for water quality treatment, water quantity storage and flood protection. 3.5 Roadway Lighting Street lighting will be constructed along the roadways within the District. Light poles will be spaced approximately every 160 feet along the 4 -lane sections and every 160 feet along the 2 -lane sections. It is currently estimated that 54 poles will be installed in Phase 3. Single or double luminaries will be installed as required. 3.6 Landscaping/Hardscape Landscaping will be provided for the roadways, perimeter berms, and District entrances. This will include landscaping and entry monument upgrades to the entrances at S.R. 951 and at Championship Drive. The landscaping will consist of sod, annual flowers, shrubs, ground cover, and trees. Existing native vegetation will be worked into the landscape plan where practical. W:\ 1993\ 1993132\ 132021PH3ENGRREPORn20920revised -1.DOC 13 Fa s. r: 3.7 Security Security for the District will be provided with gatehouses at the main entrances, perimeter berms, walls and fences, and electronic security. The manned gatehouses will monitor access to and through the District. The community will be further secured by roving patrols and a combination of perimeter berms, walls, and fences. These facilities are landscaped to blend into the environment. Special facilities such as remote security cameras and sensors may be utilized in some areas to alert District security personnel to unauthorized entry. Phase 3 does include any security related construction. 3.8 Wetland Mitigation and Monitoring The Wetland mitigation within the District will consist of the construction and planting of aquatic littoral zones and the removal of exotic plant species. A part of the Phase 3 cost is for reimbursement for wetland mitigation and monitoring work within a portion of Section 13 as shown on Exhibit 3. 3.9 Off -Site Improvements Off -site improvements will include upgrades to the existing turn lanes at Fiddler's Creek Parkway and State Road 951. 3.10 Design of Future Phase 5 Design costs for future Phase 5 are included within the Phase 3 bond. W:\ 1993\ 1993132\ 13202\ PR3ENGRREPORT020920revised -1.DOC 14 lbil" 4. OPINION OF PROBABLE CONSTRUCTION COSTS Table 2 presents a summary. of the totals of probable costs for the Phase 3 District infrastructure. A portion of the infrastructure will be financed by the Developer with the remaining infrastructure to be financed by the District. Cost contingencies are as noted in the table. The Phase 3 cost is in 2002 dollars. Table 3 provides opinions of probable costs for the individual components of the District infrastructure for roadways; utilities (water, wastewater, and irrigation); earthwork and clearing; stormwater management; roadway lighting; landscaping; security; wetland mitigation and monitoring; and off -site improvements. To the subtotals, 15 percent technical services are added which includes the planning, land surveying, engineering, environmental permitting, landscape architecture, and other consulting services necessary for the design, permitting, and services during construction for the District infrastructure. Note that a portion of the design and permitting costs for future Phase 5 is included within Phase 3 and that same portion is excluded from Phase 5. The costs do not include the legal, administrative, financing, operation, or maintenance services necessary to finance, construct, and operate the District infrastructure. The Grand Total cost for all phases combined ($58,971,400) is less than the previous cost of $64,395,400 since a portion of the roads in Phase 3 and all of the roads in Phase 5 will be private. Roadway, lighting and landscaping costs have been deleted for those roadways which are private. W: \1993 \1993132 \13202\PH3 ENGRREPORn20920revised -1.DOC 15 (D 0) CLI CL N iC T c O O V m v c 0 m T U N O m d t m WN Y i Vi VN V 0-0 WM Cl) W Oz W ❑ a c*t cn U. V W J O� Q J m ZOQ O !a- Z = CL a. OY LL W Ow �v au) gW cv (D 0) CLI CL N iC T c O O V m v c 0 m T U N O m d t m W J a W en F- 0� V LL W Z J p W )M W UJ CL (1) U. 0w zw aw 0� W J p p LL Z Lil Z IL 0 0 0 w 1611 ti O 0- M X a ❑ U C, .a O [0 U M O N m m L 00 C O O O O Q O O O O O O O O O J M F- t0o co Do co -- coo O �} N 69 6% to 69. eO 06% 040% c,% 69. 4009. IF. 604 i6 11) m L a 0 O N t M. 0 O 0 Co .WC fR 64 a � � O m G 0 O O O O C p) co 01 O to M CO N Lo r (� N to L 4fY EA 64 T r O N O O O O O O �o U) t- �v co ia�� CL C C C O O O O r r N I- T O OS co M T- T 4 a N -a z 64 CL 9 � N V _ N C3 U C) C �p U to J d W (l N a) 0 i-- J J_ 0 0 L \ ~ C ❑ ❑ lf� O N d CD m F- ffJ r 1611 ti O 0- M X a ❑ U C, .a O [0 U M O N m m L r� V uj M a W�/ Li. V cf) /O V U. W Z J 0 m my O M W W CL Q O o„ Z 0. LU Z W a. M O � J 0 0 Z ui Z OLIL C G -V. w J M co (D U) X n O U m v C O m v S N 0 C+ O N t U) 0 0 0 0 0 0 0 0 °o °0 00 00 00 00 00 00 trj � r tD C N t- O V 0 - M O LO Q (CC. O 6 9 F- 64 � 64 6ti4 69 6% 0 O O O O O O O O O 69 64 O LO O O O O co N co ti to 0 co C7 N m 69 64 64 6O 9 6O 4 O 0 O O 0 O O O r tfy e O Oi O N N r r co N to N �0Q LO ti 69 69 64 64 64 69 L TZ d O O O O 64 b4 O O O O O O O O M• CC O Lo T O T Ict tl- CO LO co 69 64 64 l.. 64 T 69 ` C 0 N O O O O O 0 . 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W ZW V v E- z LU w Q a W Q 5 CL 0 d m a c Cr i E CD W J O CD co m w n o ❑ 0 s a. ~ 3 � U -,Do in T (n H OF T !i Qi T O T T rl- epr 0 N m T_Q G n n [U+7 0 m 5 N n r m L E N U0 W M O O o CD I m w n o 0 0 CO w O Co 0 M W ~ 3 � U -,Do in T (n H OF T Ln Qi T O b3 O O O O � O O O O O co IFII � 609 0 N m T_Q G n n [U+7 0 m 5 N n r m L E N U0 W M y Z E I m w n L i CO w O Co 0 M W ~ 3 � U -,Do in T (n H OF 0 N m T_Q G n n [U+7 0 m 5 N n r m L E N F- a) cn ca CL h X e- 0 o U m O m U D ca CD m 0 W C C 1- C C V C L L M w F- Cl) y W r � ! — O� r � C O L) a Z' O J o Q° u 0 v mL) �.� M Z M � J C) 69- . 0 (L J Q 64 ~ Ow Q m C z CL p�/ OV It W J D N F- a) cn ca CL h X e- 0 o U m O m U D ca CD m 0 C C C C C C C C L L M CO C r � M ' r r � C 0 � 6 6 C) 69- . . 6 64 Lo 6 m C a mm 64 o e9 �r 6 o e N o o o o _ ca a ` 6 _� a 6 64 6 64 ` 609, 0 0 0 0 0 0 0 o o_ ti t CD t to N N t ti 64 H H} T T 6 603• r r cc 6 6% a O 0 N O 0 O O O O 0 0 N v v m m 0 00 V V- O O) t 6 69 6 600 6 69. 6 69° 6 63 a r O O O O C Ca O O O O O O y t co 0 0 P t0 c PC- N N N N 619- 6 6% Fi 6 6 .0 6 6N9 6 64 C. z (D y ( J Q m ff) p p G O O C C C C m c cc J Q C O- N 4 4 Q CO , , O a) cn ca CL h X e- 0 o U m O m U D ca CD m 0 O 0 W m H W F- VN cn cn li. 09 . U LL U, Z. .J p m V O M W CL LL.Q On Ow W Ov ul Li. ..J p IL W O CL 2 V t? Z IL CO Z w i N N m X O Q U co v C D CD U D ti N m L N III O O O O O 0 0O C l' / Or O T � r N N N U d9 0 r Oi � � 6F* 619- 613� L O O �} 60' 6% 64 GO 64 LO C) y L a 00 � 0 O O 0 0 0 0 0 rCN,44 O 00 O <t r N cLi m ti ►� r O O M fH if3 cg cyC . L d 0 o°o 0 ° ° g o 0 0 C6 CD Lo O M .O- N a) FP r r 6FY N 64 6- 64 L n. 0 0 0 0 0 0 0 N N d O CO 'd' Ln O CD 0 O tD N N T- ti t 69. 64 69 T r CD 64 dg �3 O O p p O T' O O N N O Lf) T— tD qT G m qT a N Z L)y c a Q C (n L ca U) U) ' C U O ut = y Q LL J m m m L S LL V ca m CD W F- Q hmm LL7 cc C F- O CC � _ r w i N N m X O Q U co v C D CD U D ti N m L N III r wow N m co m T a c 0 m v N 0 d d L NWN H U ^ L) UL _ W UJ z o Q° U a MOM O a U W m off. LL _ °' Q ~ Ow w Z W EL- N O LO CY W J o co CO LL M r wow N m co m T a c 0 m v N 0 d d L J O O O O HLO LO CY co o co CO M F- 59 O O O O te. dT E9 b'i U7 N cc L a ° o a_ o Co C) Doi OD L We. 69- V& IL M f0 N O O O O r co N tLO O O O O U) U) r w m L v eo* a. y CD U N ca U V W C co J /mom 'fin r wow N m co m T a c 0 m v N 0 d d L .r 14.1 W Z N m �t LLI C 0 Ct CL 0 C3 0 N C Q N c� li (n I" G 0 O O O O O 3 V � N 9 6r4 d04 14.1 W Z N m �t LLI Z CL C3 0 IL li (n I" G 0 O O O O O 3 V � N 9 N OD O V � = U) d . j . L = mo 0 �tt0 Q V Z °O O 0 0 N O W m m °D, � N 69. a co W y L CL J Q U. Z m � O 0 CL ° o ° o O W W Q �_ m N fo N H4 tf! a a O � Sn z Z J 0 ❑ F- H ❑ IL W ?r, 0 o aEi U O O t9 � W C GQ X C fl U m Z D g a X C .O U W cl c O W C 2 C L m O n- CO J 0 ~ °c t4 _ O o a D J CN '_ 0 m z CD t T v UD N aD rn m CL 0 w T_ 0 0 0 U c+� E— to Z w Z O .-. a O V w? U. m O v C v C'7 J Q0 ~ Q m W U. Z O cU w °- W Z w W O a cr) av O U) t= . W w LU LL �'' O d v L fA 0 N I.- N T v UD N aD rn m CL 0 0 T_ 0 0 0 U c+� .D °0 m U U o° O 0 cr) to }� Cl CD ) d top L fA N I.- N (7) r r i - 69 69 69 6F} O F9 Lo N �II t d O O O O O O Ci Ci N N b9 64 6�3 0_ 0 064 O O O O O cL O m O r 0 r O t69 Ef3 64 °v, 00_ 00_ cv O C N LO O Tr t m e m C. o C C C m s z w w 0 w a. (D V Z w U p) C/3 (A C C) a LL c O _ L LU cII J r LO N I" Q it Cl) u) O —11 F. T v UD N aD rn m CL y T_ 0 0 U c+� .D m U U S O N }� Cl ) d L fA FJ PERIMTS The following permits are required prior to the start of infrastructure construction: State of Florida Department of Community Affairs Development of Regional Impact approval and Preliminary Development approval. Collier County zoning approval. Dredge and Fill by the United States Army Corps of Engineers. Florida Department of Environmental Protection (FDEP) Water and Wastewater. South Florida Water Management District Surface Water Management and Water Use. Environmental Protection Agency NPDES. Local development orders (Collier County). Florida Department of Transportation (FDOT) permit for median upgrades. All permits necessary to complete Phase 3 have either been obtained or will be obtained. There is no reason to believe that the necessary permits cannot be obtained for the entire development. W:U 993\ 1993132\ 13202\ PH3ENGRREPOR T020920revised -1.DOC 26 � 1 HOLE MONTES ENGINEERS - PLANNERS - SURVEYORS VIA FEDERAL EXPItRgRre Way • Naples, Florida 34110 • Phone: 239.254.2000 • Fax: 239.254.2099 October 15, 2002 James P. Ward Assistant District Manager FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT District Offices 210 North University Drive, Suite 301 Coral Springs, Florida 33071 RE: FIDDLER'S CREEK COMMUNITY DEVELOPMET DISTRICT HM FILE NO. 1993132/1-1 Dear Mr. Ward: I am enclosing an updated Professional Fee Schedule for the referenced project for your approval. It is requested that this new Schedule be used for our future invoices. The updated Schedule contains new rates and categories, and will supersede the previous Schedule of October 29, 1999. The changes in rates reflect increases due to cost of living, healthcare costs and promotions of various individuals. Below I have listed some of the specific engineering categories with the individuals most likely to work on the project. Please note that individuals not listed may from time to time work on the project. Naples • Fort Myers • Venice • Englewood 1999 2002 Percent of CATEGORY INDIVIDUAL Rate Rate Increase Engineer VI W. Terry Cole $110 $130 18.2% Engineer II Frank Feeney $ 70 $ 80 14.3% Senior Designer Jonathan Smith $ 70 $ 80 14.3% Designer Chuck Gifford $ 60 $ 70 16.7% Contract Administrator Michael Roddis $ 65 $ 75 15.4% Senior Planner Robert Duane $105 $115 9.5% Principal Surveyor Thomas Murphy $100 $120 9.1% *Permitting Coordinator Tobi Charbonneau $ 0 $ 60 N/A (New category — not counted in summary) SUMMARY $580 $670 15.5% Naples • Fort Myers • Venice • Englewood James P. Ward FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT RE: FIDDLER'S CREEK COMMUNITY DEVELOPMET DISTRICT H? I FILE NO. 1993132/11 October 15, 2002 Page 2 Should you have any questions or require additional information, please contact me. Very truly yours, HOLE MONTES, INC. W. Terry Cole, P.E. Vice President WTC:tdc Enclosures cc: Brian Lamb w /enclosures Mark Strain w /enclosures W:\1993\1993132\13204\JW021015CDDREVISEDFEESCHEDULE.doc 161y EXHIBIT A HOLE MONTES, INC. PROFESSIONAL FEE SCHEDULE DATE: OCTOBER 15, 2002 SUBMITTED TO: FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Senior Principal Engineer VIII ............. ............................... ........................$170.00 per hour Principal Engineer VII .......................... ............................... ........................$150.00 per hour EngineerVI ........................................... ............................... ........................$130.00 per hour EngineerV ............................................ ............................... ........................$115.00 per hour EngineerIV ........................................... ............................... ........................$100.00 per hour Engineer III ............................................................ ............................... $ 90.00 per hour EngineerII ...... ............................... ................................ ..............................$ 80.00 per hour EngineerI ....................................................................... ..............................$ 65.00 per hour Environmental Operations Specialist ............................. ..............................$ 75.00 per hour Permitting Coordinator .................................................. ..............................$ 60.00 per hour SeniorDesigner .............................................................. ..............................$ 80.00 per hour Designer......................................................................... ..............................$ 70.00 per hour Senior Computer Technician ......................................... ..............................$ 60.00 per hour Computer Technician ..................................................... ..............................$ 50.00 per hour Senior Contract Administrator ....................................... ..............................$ 85.00 per hour Contract Administrator .................................................. ..............................$ 75.00 per hour Senior Construction Field Representative ..................... ..............................$ 70.00 per hour Construction Field Representative ................................. ..............................$ 60.00 per hour SeniorPlanner ....................................... ............................... ........................$115.00 per hour Planner........................................................................... ..............................$ 70.00 per hour PrincipalSurveyor ................................ ............................... ........................$120.00 per hour SeniorSurveyor .................................... ............................... ........................$100.00 per hour Surveyor......................................................................... ..............................$ 80.00 per hour 2 Man Survey Crew ....................................................... ..............................$ 95.00 per hour 3 Man Survey Crew .............................. ............................... ........................$125.00 per hour GPSOperator ................................................................. ..............................$ 70.00 per hour TechnicianIV ................................................................. ..............................$ 50.00 per hour TechnicianIII . .......................................................... ...... ..............................$ 45.00 per hour TechnicianII .................................................................. ..............................$ 40.00 per hour TechnicianI ................................................................ ............................... $ 35.00 per hour Subcontractors.......................................................................... ............................... Cost Out -of- Pocket Expenses ........................................................... ............................... Cost Mileage..................................................................................... ............................... Per Florida Statute This Fee Schedule is effective for one year from date of the LETTER AGREEMENT (Revised: 11/2001) W:\1993 \1993132 \13204VW021015CDDREV ISEDFEESCHEDULE.doc FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT TO: FROM: SUBJECT: DATE: CC: MEMORANDUM BOARD OF SUPERVISORS BRIAN K. LAMB — ASSISTANT DIRECTOR OF OPERATIONS GENERAL FUND ANALYSIS 9/24/2002 JAMES P. WARD — DISTRICT MANAGER lull The following information, obtained from a review of the fiscal year 2002 General Fund - Operating Budget, addresses the concerns that have been expressed by the Board. The overall fiscal year 2002 percentage for budget to actual expenditures should be 91.67% through the end of August, in General Fund 001. Total actual expenses through the end of August are at 75.26% to budget. The difference is 16.41% (under budget), which equates to and projects a surplus of $59,793.42 at the end of the fiscal year. Some of the categories that individually went over budget by an unusually high percentage were as follows: • Insurance — Overall unanticipated premium increases. • Legal Fees — Representation for negotiations with the County to negotiate bulk potable water purchase agreement. • Street Lighting, Repairs and Maintenance Program. — Repairs needed beyond forecast for FY 2002. • Fountain Maintenance — Repairs needed beyond forecast for FY 2002. • Other categories listed at 100% currently are either seasonal expense items or one -time service fees. Again, the current expectation is to be under budget for expenditures, as a whole, at the end of fiscal year 2002; therefore, the overage in expenditures listed above will be offset by the budget surplus. If you should have any questions or require additional information, please contact me at (239) 592 -5181. 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Cl O N O Ol i O A c O O bl 1-1 rt rt -.i P Q E yl N [0 y 1� C U1 N u N � O U � O M m � rn U1 O E N CT � G �1 'O � t~ W N rn b C O N -rl x a, wa w u O �w c a� N a Q U x W w tx U a w a Q 0 W rn E U W FD O a a a a E H a C) U N 0 O N M O O M O T1 tj r- a W O v 7 W W O dP 1_, N O b 7 40 Q E I 41 O X G N ' 3-1 u U dP dP dP dP dP dP dP O O O O O O O O O 0 0 0 0 O O O O O O O O O O O O O O O O O O m m O O M O H [n O M r 0 N C N N m <w M O M r + v n In u� ' o Lri cv w r io m ID c r v M M f1 m m N N 01 61 H I I 1 C) to OO ID w l0 OM 0 M -A M O \O O O 1O M �D Q V In C a w 0 co w m m / m O1 O) i cm r1 H r N O O 01 m O O 61 01 in w O O I'D w 61 6) mmmm M M M (n Ln u) Ln Ln 0 0 0 0 O O O O w z w f1+ x w a El E O E- 1-4 I M1141, a H [n KC Q Ew ww E A U z O w rn a w E a v OO�zU u) W 14 U wi G W O FC v W rz a w 0 co w a w F. 0 H x Q W U W E O tD a a O � [lJEH a u)zucn I- 0 O ww O O r1 H r N O O 01 m O O 61 01 in w O O I'D w 61 6) mmmm M M M (n Ln u) Ln Ln 0 0 0 0 O O O O w z w f1+ x w a El E O E- 1-4 I M1141, "�d r �J MIS W v 'N V N A O A O v CA u W 0 u 0 A N O O N v o M cu v cn 1611 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds For the Month Ended September 30, 2002 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Cost of Issuance Account Interest from Construction Account (includes accrued interest) total sources Use of Funds Costs of Issuance 1011 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $15,100,000.00 $15,100,000.00 $0.00 $151,894.10 $151,894.10 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $303,150.00 $303,150.00 $0.00 $988.04 $988.04 $0.00 $659,591.06 $659,591.06 $0.00 $20,870,579.10 $20,870,579.10 $0.00 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) Bond Counsel - White & Case $101,966.60 $101,966.60 $0.00 District Counsel- Woodward, Pires et al $18,032.54 $18,032.54 $0.00 Trustee Counsel- Nabors, Giblin & Nickerson $5,000.00 $5,000.00 $0.00 Financial Consultant- Fishkind & Associates $26,541.98 $26,541.98 $0.00 Costs of Issuance & Underwriters' Discount $345,254.17 $345,254.17 $0.00 District Manager- Moyer & Associates $10,000.00 $10,000.00 $0.00 Deposit to Capitalized Interest Account $2,701,580.90 $2,701,580.90 $0.00 Deposit to Reserve Account $1,953,375.00 $1,953,375.00 $0.00 Document Printing- Allied Printing $1,676.00 $1,676.00 $0.00 total costs of issuance $5,163,427.19 $5,163,427.19 $0.00 16 11 Fiddler's Creek Community Development District Series 19% Special Assessment Bonds Construction Year to Projects Date Amounts Construction Costs Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Transferred Improvements Roadway $163,019.67 $163,019.67 $0.00 Utilities - Water /Sewer /Irrigation $439,353.51 $439,353.51 $0.00 Earthwork & Clearing $2,519,567.53 $2,519,567.53 $0.00 Stormwater Management $229,760.71 $229,760.71 $0.00 Roadway Lighting $83,111.67 $83,111.67 $0.00 Landscaping $573,001.49 $573,001.49 $0.00 Recreation, Parks & Security $131,230.63 $131,230.63 $0.00 Offsite Improvements $228,181.97 $228,181.97 $0.00 total transferred improvements $4,367,227.18 $4,367,227.18 $0.00 Soft Costs Hole, Montes & Associates $479,320.84 $479,320.84 $0.00 George Botner ASLA $10,249.08 $10,249.08 $0.00 White & Case - (work for refunding 1996 bonds) $18,963.50 $18,963.50 $0.00 951 Land Holdings JV - Management Fee $440,327.68 $440,327.68 $0.00 Law Engineering - Geotechnical $2,930.01 $2,930.01 $0.00 total soft costs $951,791.11 $951,791.11 $0.00 Phase IA Soft Costs 200000 $4,536.09 $4,536.09 $0.00 Roadways 302000 $44,606.85 $44,606.85 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $1,850.00 $1,850.00 $0.00 Drainage 304000 $0.00 $0.00 $0.00 Excavation 306600 $2,000.00 $2,000.00 $0.00 Security 308820 $113,809.60 $113,809.60 $0.00 Landscape 308840 $563,096.52 $563,096.52 $0.00 Signage 308860 $60,895.16 $60,895.16 $0.00 Guymann Construction Various $811,063.03 $811,063.03 $0.00 total Phase 1A $1,601,857.25 $1,601,857.25 $0.00 1611 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Construction Year to Projects Date Amounts Construction Costs Overall Paid/ Recd by Variance Budget Bond Funds Fay. - (Unfay.) Phase IB Soft Costs 200000 $72,114.43 $72,114.43 $0.00 Roadways 302000 $37,427.50 $37,427.50 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $1,200.00 $1,200.00 $0.00 Excavation 306600 $36,069.78 $36,069.78 $0.00 Security 308820 $95,220.00 $95,220.00 $0.00 Landscape 308840 $2,200,834.01 $2,200,834.01 $0.00 Signage 308860 $99,867.58 $99,867.58 $0.00 Guymann Construction Various $5,978,481.15 $5,978,481.15 $0.00 total Phase 1B $8,521,214.45 $8,521,214.45 $0.00 Phase 2 Soft Costs 200000 $0.00 $0.00 $0.00 Roadways 302000 $0.00 $0.00 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $0.00 $0.00 $0.00 Excavation 306600 $0.00 $0.00 $0.00 Security 308820 $0.00 $0.00 $0.00 Landscape 308840 $0.00 $0.00 $0.00 Signage 308860 $0.00 $0.00 $0.00 Guymann Construction Various $96,890.67 $96,890.67 $0.00 total Phase 2 $ %,890.67 $ %,890.67 $0.00 Future Proiects $168,171.25 $0.00 $168,171.25 total construction costs $15,538,980.66 $15,538,980.66 $0.00 total costs overall $20,870,579.10 $20,702,407.85 $168,171.25 available remaining funds $168,171.25 truction Account $168,171.25 of Issuance Account Total $168,171.25 Fiddler's Creek Community Development District Series 1999 Special Assessment Revenue Bonds For the Month Ended September 30, 2002 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discount Interest Income (including Accrued Interest) total sources Use of Funds Costs of Issuance E� Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $13,589,592.84 $13,589,592.84 $0.00 $175,000.00 $175,000.00 $0.00 $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $241,430.00 $241,430.00 $0.00 $11,190.99 $849,795.29 ($838,604.30) $6,000.00 $6,000.00 $0.00 $17,256,190.99 $18,094,795.29 ($838,604.30) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) Deposit to Capitalized Interest Account $1,772,584.03 $1,772,584.03 $0.00 Deposit to 1999A Reserve Account $791,231.55 $791,231.55 $0.00 Deposit to 1999B Reserve Account $675,161.58 $675,161.58 $0.00 Bond Counsel - White & Case $100,000.00 $100,000.00 $0.00 District Counsel- Woodward, Pires and Lombardo $11,075.80 $11,075.80 $0.00 Trustee - Suntrust Bank $6,000.00 $6,000.00 $0.00 Trustee Counsel- Nabors, Giblin & Nickerson $2,500.00 $2,500.00 $0.00 Financial Consultant- Fishkind & Associates, Inc. $20,000.00 $20,000.00 $0.00 Underwriters' Discount $211,128.51 $211,128.51 $0.00 District Manager - Severn Trent/ Moyer & Assoc. $10,000.00 $10,000.00 $0.00 Document Printing- Allied Printing, Inc. $4,115.01 $4,115.01 $0.00 total costs of issuance $3,603,796.48 $3,603,796.48 $0.00 Fiddler's Creek Community Development District Series 1999 Special Assessment Bonds Construction Costs Code General Development 1611 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Soft Costs 200000 $941,584.00 $947,853.83 ($6,269.83) Environmental 301000 $102,500.00 $121,655.50 ($19,155.50) Roadways 302000 $485,400.00 $283,628.97 $201,771.03 Tunnels 302215 $175,000.00 $219,747.22 ($44,747.22) Water Mains 302320 $185,614.00 $111,081.32 $74,532.68 Street Lighting 303300 $96,150.00 $143,436.00 ($47,286.00) Sewer Mains 303315 $359,619.00 $325,129.25 $34,489.75 Irrigation Mains 303340 $647,083.00 $63,084.55 $583,998.45 Drainage 304000 $935,085.00 $891,230.40 $43,854.60 Clearing 305000 $885,000.00 $565,090.45 $319,909.55 Excavation 306600 $7,223,806.00 $7,342,933.11 ($119,127.11) Security 308820 $238,160.00 $136,912.30 $101,247.70 Fountains 308810 $112,400.00 $112,226.90 $173.10 Landscape 308840 $776,000.00 $622,224.29 $153,775.71 Signage 308860 $54,000.00 $22,334.32 $31,665.68 Median Landscape 308880 $350,000.00 $332,739.11 $17,260.89 total general development $13,567,401.00 $12,241,307.52 $1,326,093.48 Future Projects $84,993.51 $0.00 $84,993.51 total construction costs $13,567,401.00 $12,241,307.52 $1,326,093.48 total costs overall $17,256,190.99 $15,845,104.00 $1,411,086.99 available remaining funds $2,249,691.29 Balance of Trust Accounts Construction Account $2,249,691.29 Cost of Issuance Account Total $2,249,691.29 Fiddler's Creek Community Development District Series 2002 Special Assessment Revenue Bonds For the Month Ended September 30, 2002 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discount Interest Income (including Accrued Interest) total sources ITco of F»nrlc Costs of issuance 1611 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $12,195,697.18 $12,195,697.18 $0.00 $165,000.00 $165,000.00 $0.00 $1,647,430.94 $1,647,430.94 $0.00 $799,000.01 $799,000.01 $0.00 $411,121.87 $411,121.87 $0.00 $231,750.00 $231,750.00 $0.00 $11,190.99 $77,504.53 ($66,313.54) $15,461,190.99 $15,527,504.53 ($66,313.54) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Deposit to Interest Account $1,647,430.94 $1,647,430.94 $0.00 Deposit to 1999A Reserve Account $799,000.01 $799,000.01 $0.00 Deposit to 1999B Reserve Account $411,121.87 $411,121.87 $0.00 Bond Counsel- White & Case $90,000.00 $90,000.00 $0.00 District Counsel- Woodward, Pires and Lombardo $9,470.50 $9,470.50 $0.00 Trustee - Suntrust Bank $5,500.00 $5,500.00 $0.00 Trustee Counsel- Nabors, Gibhn & Nickerson $0.00 $0.00 $0.00 Financial Consultant- Fishkind & Associates, Inc. $25,000.00 $25,000.00 $0.00 Underwriters' Discount $231,750.00 $231,750.00 $0.00 District Manager - Severn Trent/ Moyer & Assoc. $15,000.00 $15,000.00 $0.00 Document Printing- Greenberg & Traurig $4,000.00 $4,000.00 $0.00 total costs of issuance $3,238,273.32 $3,238,273.32 $0.00 Construction Costs General Development Soft Costs Environmental Roadways Tunnels Water Mains Street Lighting Sewer Mains Irrigation Mains Drainage Clearing Excavation Security Fountains Landscape Off Site Contingencies Future Projects MA , #1 Fiddler's Creek Community Development District Series 2002 Special Assessment Bonds Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $1,724,000.00 $272,275.69 $1,451,724.31 $252,000.00 $0.00 $252,000.00 $1,453,000.00 $702,108.74 $750,891.26 $0.00 $0.00 $0.00 $446,000.00 $0.00 $446,000.00 $151,000.00 $0.00 $151,000.00 $740,000.00 $0.00 $740,000.00 $ 475,000.00 $46,708.57 $428,291.43 $681,000.00 $12,422.42 $668,577.58 $239,000.00 $23,532.75 $215,467.25 $3,165,000.00 $1,160,812.70 $2,004,187.30 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,769,000.00 $140,482.03 $1,628,517.97 $100,000.00 $6,850.88 $93,149.12 $997,000.00 $0.00 $997,000.00 total general development $12,192,000.00 $2,365,193.78 $9,826,806.22 $30,917.67 $0.00 $30,917.67 total construction costs $12,192,000.00 $2,365,193.78 $9,826,806.22 total costs overall $15,461,190.99 $5,603,467.10 $9,857,723.89 available remaining funds $9,924,037.43 Balance of Trust Accounts Construction Account $9,803,654.05 Cost of Issuance Account $120,383.68 Total $9,924,037.73 N w O w ID H H M m N H O H 0 w G) m Y E ro ro � a q F F W u O q w F a w a x u V O q Q A C/I x H W a a u u El) a W a q Q H W q Q u x w w Q: U w a w a Q z Q a H x w F a U i, O u I ro si a� fl 1l M Q W W w N W w W w w M O O w O r H ID r O r m r V r N In W M W O O O O O O o a 0 r m O O O O o W O y ' . 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HQ Ul Q 7 W W F 7t W a x f H O u r m a v ri 14 c m a a u I N o En z H °Zm ado El I A .7 0 a w o U) a a H o W Q N Q a a a O G U m Gq H a N � N I O, •• j N U O . 0 W W O 0 0 0 0 H 41 i j f H 4 A 0 4 LA V1 A Q U A °Zm ado o A .7 0 n W F o b i o n U a •• j N U O . 0 W W O W F 41 14 Q q 1� m N rn ro ro z O m S4 .0 `S W 0 ' q 0 F F Cal 1611 6001 PtlicarT Bay Blvd. #1206 Naples FL 34108 October 16, 2002 Fiddlers Creek Community Development Distzic,t. Np.ples Florida Attention : Mr. James P. Ward, Manager Dear Jim: Please accept my resignation from the Board of'Supervisors of Fiddlers Creek C.R.R. effective as of January 15, 2003. 1 have made a decision to spend more time with my family tin: New York State and locate a second residence in that area. As a result, my availability for District meeting," will be unacceptably lim- ited. Please take the necessary steps to en-able the Board to select my replacement in a timely manner. Sin,eerely yours Paul W. Riegelha pt FORM 813' MEMORANDUM OF VOTING CONFLICT COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFIC 1 A' \ANI1 I IRSI \, \MI MIDOI I \AMI NAML OF HOARD, COiI \I'll., ('OMMISKION. Alll HURIII.OK COMMII'11 L >I--t`� MAILING ADDRI :SS THE HOARD, COIINCII_ COMMISSION, AU1 HORIT), OR COMMIII EE ON n� WHICH I SERVE IS A llT�il' Oh': /VL S r' D ('11 Y O COUN`T'Y O O'rHER LOCAL AGENCY CI 11' COUNTY FLNAME OF POLITICAL SUBDIVISION: DAIEON WHICH VOTE OCCIIRRED MY POSrI'ION IS: ❑ ELECTIVE ❑ APPOINTIVE WHO MUST FILE FORM 8B This form is for use by any person serving at the county, city, or other local level of government on an appointed or elected board, council, commission, authority, or committee. It applies equally to members of advisory and non - advisor, bodies who are presented \with a voting conflict of :Rterest under Section. 11.2.3143, Florida Statutes. Your responsibilities under the law when faced with a measure in which you have a conflict of interest will vary greatly depending on whether you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this form before completing the reverse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3743, FLORIDA STATUTES ELECTED OFFICERS: A person holding elective county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private Lain. Each local officer also is prohibited from knowingly voting on a measure which inures to the s_oecial gain of a principal (other than a government agency) by whom he is retained. In either case, you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your interest in the measure on which you are abstaining from voting; and WITHIN IS DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person responsible for recording the minutes of the meeting, \ \-ho should incorporate the form in the minutes. APPOINTED OFFICERS: A person holding appointive county, municipal, or other local public office MUST ABSTAIN from voting on a measure which inures to his special private gain. Each local officer also is prohibited from knowingly voting on a measure which inures to the special gain of a principal (other than a government agency) by whom he is retained. A person holding an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to influence the decision by oral or written communication, whether made by the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A copy of the form should be provided immediately to the other members of the agency. • The form should be read publicly at the meeting prior to consideration of the matter in which you have a conflict of interest. CE FORM RH - 1 -91 PAGE I 1511 :T' YOU i'viA :E NO ATTEMPT T O i :FLUENCI✓ THE DECISION EXCEPT BY DISCUSSION A'1 'rliE. i.91 E71 NG: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. Ro n DISCLOSURE OF LOCAL OFFICER'S INTEREST ` 1, > ro , hereby disclose that on continuing conflict AID-' (a) A measure came or will come before my agency which (check one) inured to my special private gain; or I[lilred t0 the SpCCi81 gait, of Developer , by whomm I amn retained. (b) The measure before my agency and the nature of my interest in the measure is as follows: Date Filed Construction of infrastructure improvements by District, see Commission on Ethics Opinion 87 -66 NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAYBE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 55,000. CE FORM h - 1 -91 PAGE 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. 1. Pursuant to Florida Statutes Chapters 189 and 190, Fiddler's Creek Community Development District #2, has submitted the following: (a) Minutes of January 22, 2003 Meeting (b) Unaudited Financial Statements dated December 31, 2002 Thank you � 1 lspeciaRspecial Fiddler's Creek Community Dev :lent District #2 1611 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 Date: February 13, 2003 Memo: Clerk of the Circuit Court Finance Depart. c/o Derrick Johnssen 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 3200 Tamiami Trail North, #200 Naples, FL 34103 -4108 From: James P. Ward, Manager RECEIVED 'FEB 2 4 2003 FINANCE DEPT RE: January 22, 2003 Landowerns Meeting Enclosed for your records is a copy of the above reference minutes of the Meeting of the Fiddler's Creek Community Development District which are to be kept on file for public access. GLM /jmr Encl. 1511 MINUTES OF LANDOWNERS MEETING FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 The landowners meeting of the Fiddler's Creek Community Development District #2 was held on Wednesday, January 22, 2003 at 9:30 a.m. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present were: Clifford (Chip) Olson Arthur (Art) Woodward Q. Grady Minor Randy Byrnes James P. Ward Anthony Pires Terry Cole Carey Garland Mark Strain Al Love Dorothy Hirsch Peggy Schmitt Bob Mills P.E. Brougham Ron Ingersoll Phil McFarland James Tadra Gunbritt McFarland FIRST ORDER OF BUSINESS Call to Order Mr. Ward called the meeting to order. SECOND ORDER OF BUSINESS Determination of Number of Voting Units Represented Mr. Ward stated I have a proxy from DY Land Associates, Ltd., appointing Mark Strain to vote 390 acres, a proxy from G B Peninsula Ltd., appointing Mark Strain to vote 120 acres, and a proxy from 951 Landholdings, Ltd., appointing Mark Strain to vote 90 acres. Are there any other landowners present who intend to vote at today's meeting? Hearing none, there are a total of 700 voting units represented. January 22, 2003 Fiddler's Creek C.D.D. #2 THIRD ORDER OF BUSINESS Election of a Chairman for the Purpose of Conducting the Landowners Meeting Mr. Ward stated I will be glad to continue conducting the landowners meeting with your concurrence. Mr. Strain stated that is fine. FOURTH ORDER OF BUSINESS Nominations for the Position of Supervisor (5) Mr. Ward stated this is the first election of the Board subsequent to the establishment of the District. Mr. Strain, please nominate five individuals to serve on the Board. Mr. Strain nominated Mr. George Schmelzle, Mr. Arthur Woodward, Mr. Clifford Olson, Mr. Grady Minor and Mr. Randy Byrnes. FIFTH ORDER OF BUSINESS Casting of Ballots Mr. Ward provided a ballot to Mr. Strain and stated the two individuals receiving the highest number of votes will serve four -year terms and the remaining three individuals will serve two -year terms. Please fill out the ballot, sign it and date it and return it to me for the record. SIXTH ORDER OF BUSINESS Ballot Tabulation Mr. Ward stated Mr. Schmelzle and Mr. Woodward received 500 votes each and will serve for four years. Mr. Olson, Mr. Minor and Mr. Byrnes received 300 votes each and will serve for two years. SEVENTH ORDER OF BUSINESS Landowners Questions or Comments There not being any, the next item followed. EIGHTH ORDER OF BUSINESS Adjournment The meeting was adjourned at 9:35 a.m. 2 AGENDA LANDOWNERS MEETING FIDDLERS CREEK COMMUNITY DEVELOPMENT DISTRICT #2 Wednesday Club & Spa at Fiddler's Creek January 22, 2003 3470 Club Center Boulevard 9:30 a.m. Naples, Florida 1. Call to Order 2. Determination of Number of Voting Units Represented 3. Election of a Chairman for the Purpose of Conducting the Landowners Meeting 4. Nominations for the Position of Supervisor (5) 5. Casting of Ballots 6. Ballot Tabulation 7. Landowners Questions or Comments 8. Adjournment Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. NO. 2 JAMES HARD 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052301 58576508 NOTICE OF LANDOWNERS State of Florida County of Collier Before the undersigned authority, personally appeared Angela Bryant, who on oath says that she serves as Assistant Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/16 12/23 AD SPACE: 124.000 INCH FILED ON: 12/23/02 Signature of Affiant _ Sworn to and Subscribed me Personally known by me`� RIM', LANDOWNER PROXY LANDOWNERS MEETING — JANUARY 22, 2003 FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: And each of them, attorneys and agents, with power of substitution in each of them for • and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's Creek Community Development District #2 to be held in the Club & Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida, Wednesday, January 22, 2003 at 9:30 a.m., followed by the regular meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Fiddler's Creek Community Development District. Votes Entitled To: -4.+- Number of unplatted acres owned and entitled to vote: 3Q` ° Number of platted lots owned and entitled to vote: 0 Parcel Page I of I 1611 Y Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Back to Search Last Updated: 12/j/2002 5:OOpm Parcel T Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Page 1 of 1 1611 Back to search '' , I Last Updated: 12/1/2002 5:00pm . , - 11 - n- Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Page 1 of 1 1611 Backto'Search Last Updated: 12/1/2002 5: 00pm PROPERTY INFORMATION OWNER INFORMATION Name: DY LAND ASSOCIATES LTD Addresti: % WOODWARD PIRES & LOM$ARDO PA Address: 3200 TAMIAN}I TRL N STE 200 Parcel: 00763880509 :1cre: 283.16 Loc: 512718 512718 TRS= [9E1 118 5127 ALL LYING SWLY OF US Address: Address: Address: NAPLES, FL 34103 -4108 VALUE; /EXERIP HONS TAX INFORMATION Taxble Value 1211947 County: 4,741.01 Mi11age Code: 223 School St: 5,270.76 }lomestd Ex: u School loc: 3,105.01 4 'idtr Ex: 522787 City Tax: 0.00 l4'idow Ex: r�o Water. 977.92 _ Blind Ex: L' —J Drprndt 638.09 Disabled: �_� lndepend: 1,959.35 Vetrran Ex: �� V "otcr �.ppr: Wholl - - GrosIax: 31 62.478 6 Civilian Ex: C� Appr fee: 0.00 Advertising: 0.00 ' Legal: 41 LESS THE FOLL: COMM AT SE Legal' CNR SEC 18, N 89 DEG 34'04" W Legal: 1939.73 FT, N 00 DEG 331'32" E PAY TERMS PAYMENT INFO Nov: 16,055.64 - -� Dec: 16,222.88 116,390.13 —1 Feb: 16,557.37 —� Mar: 16,724.62 Apr U.00 b {ay: 0.00 —� Paid Dt : 11!18 /02 Itecpt: 1822 Mach: 06 YaymC 16,055.64 Mort: L� —� STATUS INFO. � Non Ad Va: 'L' —J htstallment: �� � DefetTed: `� —� $anlwpt:: N —� TDA: = EXTRA LEGAL INFORMATION 1116VIC177FT s 54 DEG 20'43" E 2371.72 FT, S 00 DEG 31'32 "W 1271.82 FT TO POB Backto'Search Last Updated: 12/1/2002 5: 00pm LANDOWNER PROXY LANDOWNERS MEETING - JANUARY 22, 2003 FIDDLER'S CREEK COMTUNITY DEVELOPMENT DISTRICT #2 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: M ►A2 Xc. P. S TW-C-1 .1 And each of them, attorneys and agents, with power of substitution in each of them for . and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's Creek Community Development District #2 to be held in the Club & Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida, Wednesday, January 22, 2003 at 9:30 a.m., followed by the regular meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Fiddler's Creek Community Development District. e---- A T, f-e.KfY,, G % Votes Entitled To: Number of unplatted acres owned and entitled to vote: k e-o Number of platted lots owned and entitled to vote: ° Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Pat1,,Pf 1 oil Lomn,unity lr,rproven,ent 19017 ]yIyL)LtKb k mnr'r- Back to Search Last Updated: 12/1/2002 5:00pm PROPERTY INFORMATION OWNER INFORMATION Vame: GB PENINSULA LTD P t i 00736880303 I oc: 000100 Acre: 81.74 : \ddrecs: 3470 CLUB CENTER BLVD Addresti: Legal: 11 51 26 THAT PORTION OF E1 /2 \ddress: Legal: OF EI /2 OF SEC 11 ALL LYING S Address: Legal: OF US 41 AS DESC IN OR 2914 PG Address: Nr \PLF.S, FL 34114 -0816 Legal: 3446 TAX INFORMATION County: 11,191.55 School St: 12,442.05 PAY TERMS � Nov: 37,900.66 Dec: 38,295.45 PAYMENT INFO Paid 1}t : 11 /27/02 I2ecpC 3732 Mach: 06 Yayrnt: 37,900.66 u VA1,ITIE\EN1PT'I0NS 1'axhle Value 2860900 �11IIege CJde: 021 Homestd Ex: 0 A4 ichr Ex: L� Widow Ex: Blind Es: � C Disabled: Veteran Ex: �� W L"-J Civilian F.x: � School loc: 7,329.63 City 1'ax: 0.00 138,690.25 Feb: 39,085.05 -� Water: 2,308.46 Dependt: 1,506.27 lndepend: 4,625.22 Voter Appr 76.67 Apr: 0.00 May: 6.00 - -1 STATUS INFO. Non Ad Va: �� m�� Deferred: N� IIanknrpt:: N Appr fee: 0.00 Advertising: 0.00 COMMENTS I- Non Ad Valorem Amount Included in Gross Tax Type NON AD VALOREM INFORMATION Auth M Auth Name Per Amount Lomn,unity lr,rproven,ent 19017 ]yIyL)LtKb k mnr'r- Back to Search Last Updated: 12/1/2002 5:00pm Parcel Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Page IofI r EXTRA LEGAL INFORMATION 11 100FT, Back to Search .1 Last Updated: 12/1/2002 5:OOpm Parcel Page 1 of 1 T 1611 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Back to Search Last Updated: 12/1/2002 5:00pm Parcel Page 1 of 1 16 I. r Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Back to Search Last Updated: 12/.1 /2002 5: OOpm Parcel i` Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Page 1 of 1 1611 Back to Search I Last Updated: 12/1/2002 5:OOpm Parcel r_ Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System Pa elofl 611 TAX INFORMATION I I Counth : 2,565.82 School St: 2,852.51 School loc: 1,680.42 City Tax: 0.00 Water: 529.25 Dependt: 345.34 Independ: 1,060.39 \'otar Appr: 17.58 * Gross'I'ax: 9,051.31 Appr fee: 0.00 ldcertising 0.00 COMMENTS Non Ad Valorem Amount Included in Gross Tax NON AD VALOREM INFORMATION I 1C Auth M jAuth Name 11per nnnunih� Improvement 9017 FIDDLERS CREEK FIDDLE Back to Search Last Updated: 12/1/2002 S:OOpm 111 F KIM ,. ...1.. LANDOWNERS MEETING - JANUARY 22, 2003 FIDDLER'S CREEK COM 4UNITY DEVELOPMENT DISTRICT #2 KNOW ALL MEN BY THESE PRESENTS, that the undersigned hereby constitutes and appoints: i�1 A (L\C- a S-, -aa-;�J And each of them, attorneys and agents, with power of substitution in each of them for and in behalf of the undersigned, to vote as proxy at the meeting of the Landowners of the Fiddler's Creek Community Development District #2 to be held in the Club & Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida, Wednesday, January 22, 2003 at 9:30 a.m., followed by the regular meeting of the Board of Supervisors; said meeting published in a newspaper in Collier County; and at any adjournments thereof, according to the number of acres of unplatted land and/or platted lots owned by the undersigned landowner which the undersigned would be entitled to vote if then personally present, upon any question, proposition, or resolution or any other matter or thing which may come before said meeting including, but not limited to, the election of members of the Board of Supervisors and may vote in accordance with their discretion on all matters not known or determined at the time of solicitation of this proxy, which may legally come before the meeting. Any proxy heretofore given by the undersigned for said meeting is hereby revoked. This proxy is to continue in force from the date hereof until the conclusion of the annual meeting and any adjournment or adjournments thereof, but may be revoked at any time by notice thereof, in writing, filed with the Secretary of the Fiddler's Creek Community Development District. Votes Entitled To: u- P-.AA Number of unplatted acres owned and entitled to vote: C� Number of platted lots owned and entitled to vote: 0 Parcel Page I of 1 1611 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System OWNER INFORMATION \amt: 951 1 AhD HOLDINGS LTD : \ddress: 3470 CLUB cEN t'ER BLVD Address: ci 1e11a_nx16 PROPERTY INFORMATION Parcel: 00741160209 Acre: 139.18 io_- 512613 512613 TRS= Legal: 13 51 26 BEG AT SW CNR OF SW i.,egal: 114 OF SEC 13, N 00 DEG 25'48" Legal: [W 1424.99 FT, N 89 DEG 56'52" �L Beall E 2599.20 FT, S 00 DEG 00'38" Back to Search Last Updated: 12/1/2002 5:00pm 1 )/ ,) / ,) nn) Parcel Page 1 of l 1611 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System OWNER INFORMATION PROPERTY INFORMATION Parcel: 00736640006 Acre: 31.81 Name: 951 LAND HOLDINGS LTD Address: 3470 CLUB CENTER BLVD Loc: 114020 E TAMIAi4H TRL Address: Lcgal: 11 51 26 E1 /2 OF E1/2 LYG S Address. Legal: OF US 41, LESS 40OFT X 400FT Address: Legal: PAR IN NW CNR + LESS I I IT X Address: NAPLES, FL 34114 -0816 Legal: 100FT ON E SIDE OF 400FT PAR — IVALUF/EXEINIPTIONS TAX INFORMATION1 I PAY TERMS —� PAYMENT INFO Taxble Value: 1113350 Millage Code: 021 County: 4,355.31 School St: 4,841.96 Nov: 14,749.45 Dec: 14,903.09 Paid Dt : 11/18 /02 Recpt: 1809 Homestd Ex: 1�= —J Agrichr E: School loc: 2,852.40 - Jan: 15,056.73 15,210.37 Yaymt: 14,749.45 -- 'idow EXE= Water: 898.36 ivlar. 15,364.01 Mort: � Blind Fs: L_ —J Dependt: 586.18 Apr: 0. 00 STATUS INFO. Disabled: 1,799.96 May: 0.00 Nou Ad Va: Veteran EX: Voter Appr 29.84 L>stallmcnt: 'L�--� � oll , Ex: l0 —J * Gross "rax: 15,364.01 Deferred: 't • Civilian Ex: Appr fee: 0.00 Bankrupt:: —� Advertising: COMMENTS * Non Ad Valorem Amount Included in Gross Tax NON AD VALOREM INFORMATION Type Auth a Auth Name 9017 FIDDLIERS CREEK Per Amount . FIDDLE 0.00 Community Improvement EXTRA LEGAL INFORMATION LESS OR 2914 PG 3446 `Back to Seared �: Last Updated: 12/1/2002 5:00pm i ___ . tr:..-,.... /r?,, ,•.ltl,tr;l nrn7Fn11nTr)— on-7i6(4nnn6 12/2/2002 Parcel Page 1 of 1 1611 Collier County Tax Collector 3301 Tamiami Trail East, Naples, FL 34112 -4997 2002 Tax Roll Inquiry System 'Back, to Search Last Updated: 12/1/2002 5:00pm t?r1) /1) nm OFFICIAL BALLOT FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT #2 COLLIER COUNTY, FLORIDA LANDOWNERS MEETING JANUARY 229 2003 The undersigned certifies that he is the owner of land in the Fiddler's Creek Community Development District #2 (insert or attach legal description of property): and casts his vote(s) for the following: The two candidates receiving the highest number of votes shall be elected for a four year term and three candidates shall be elected for a two year term. Name of Candidate � CO k' ti dv— Name: Address: -1'O CL A V� Number of Votes 5-po So o 30 300 306 Fiddler's Creek Community Development District #2 10300 N.W. 11th Manor • Coral Springs, Florida 33071 Telephone: (954) 753 -0380 • Fax: (954) 755 -6701 Date: March 11, 2003 Memo: Clerk of the Circuit Court Finance Depart. c/o Derrick Johnssen 2671 Airport Rd. Court Plaza III P.O. Box 413016 Naples, FL 34112 -3016 Jim Mudd Collier County Manager Governmental Center 3301 East Tamiami Trail Administrative Bldg., 2nd Fl. Naples, FL 34112 Anthony Pires, Esq. Woodward, Pires & Lombardo 3200 Tamiami Trail North, #200 Naples, FL 34103 -4108 From: James P. Ward, Manager RE: January 22, 2003 Minutes of Meeting RECEIVE MAR 13 IN, ;INANCS ueplr Enclosed for your records is a copy of the above reference minutes of the Meeting of the Fiddler's Creek Community Development District, which are to be kept on file for public access. GLM /j mr Encl. RECEIVED MAR 13 2003 N]QNUTES OF MEETING FIN.ANOE DEPT FIDDLER'S CREEK CONEM[UNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of Fiddler's Creek Community Development District was held on Wednesday, January 22, 2003 at 10:30 a.m. at the Club and Spa at Fiddler's Creek, 3470 Club Center Boulevard, Naples, Florida. Present and constituting a quorum were: Cliff Olson Q. Grady Minor Arthur Woodward Diane Matire Steven Braten Also present were: James P. Ward Anthony Pires Terry Cole Brian Lamb Mark Strain Several Residents Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Secretary Manager Attorney Engineer District Staff Developer FIRST ORDER OF BUSINESS Roll Call Mr. Ward called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matter A . Oath of Office for Supervisor Elected in November Mr. Ward being a Notary Public of the State of Florida administered the oath of office to Mr. Braten, Mr. Minor and Ms. Matire, a copy of the signed oaths are attached hereto and made a part of the public record. Mr. Ward stated attached to the Oath is a Form 1 Financial Disclosure. If you have already filed one with the Supervisor of Elections, there is no need for you to re -file. Also attached is the Code of Ethics and Guide to the Sunshine Law pamphlet. The Sunshine law says that no two members of a public body can do business outside of an open noticed public meeting; nor may you communicate through a member of your staff or a member of the public to another Board member about a matter that may forseeably appear before the Board. The intent of the law is to ensure that business of governmental agencies is done at these January 22, 2003 16 Fiddler's Creek C.D.D. advertised and noticed meeting. Violations of the Sunshine law are considered ethics violations under the Statute. They reflect on you as individuals and not on the Board itself. In the event that you are charged with a Sunshine law violation because you are considered to be acting outside of your scope and authority, more often than not you must defend yourself as an individual and to the extent you are found not guilty you can seek reimbursement for your legal expenses from the District. In all the years I have been involved in this business I have never had a Board member charged with a Sunshine law violation. We tell you to act conservatively. If you have a question, call Mr. Pires or myself and we will be glad to help you through the process, or you can ask at one of these open noticed meetings. B. Consideration of Resolution 2003 -3 Canvassing and Certifying the Results of the Landowners Election Mr. Ward stated this resolution is in order and recommended for your consideration. On MOTION by Mr. Minor seconded by Mr. Braten with all in favor Resolution 2003 -3, canvassing and certifying the results of the landowners election was adopted. C. Acceptance of Resignation Submitted by Paul Riegelhaupt Mr. Ward read into the record the resignation letter received by Mr. Riegelhaupt. D. Consideration of Appointment of Supervisor to Fill Unexpired Term of Office Mr. Ward stated Mr. Riegelhaupt's term expires in 2004. The Statute allows for the balance of the Board to appoint someone to fill his unexpired term. You can discuss whom you may want to appoint to that position and a motion to serve as Supervisor is in order. On MOTION by Mr. Minor seconded by Mr. Woodward with all in favor Mr. Olson was appointed Supervisor to fill the unexpired term of office. Mr. Ward being a Notary Public of the State of Florida administered the oath of office to Mr. Olson, a copy of the signed oath is attached hereto and made a part of the public record. 2 January 22, 2003 16/1 Fiddlers Creek C.D.D. E. Election of Officers Mr. Ward stated after an election we reorganize the Board. Your chairman and vice chairman are members of the Board. Those three members not elected to those positions serve as assistant secretaries. I serve as your secretary and treasurer. n MU 110N by Mr. Minor seconded by Mr. Woo ith all in favor Mr. Olson was elected Chairman. Ll lull I JW.LN uy mr. vison seconded by Mr. Braten wi 1 in favor Mr. Minor was elected Vice Chairman. On MOTION by Mr. Minor seconded by Mr. Olson wi all in favor Ms. Matire, Mr. Woodward and Mr. Brat were elected Assistant Secretaries. ----- - --- -- J - .i -. vaoval aca.vllUCU uy lvll. Lvllnor wi in favor Mr. Ward was elected Secretary ai isurer. THIRD ORDER OF BUSINESS Approval of the Minutes of the October 23, 2002 Meeting Mr. Ward stated each Board member had received a copy of the minutes of the October 23, 2002 meeting and requested any additions, corrections or deletions. Mr. Minor stated on page 4 in the first and third paragraphs Mr. Stain made those statements. On page 6 in the sixth and eighth paragraphs Mr. Strain made those statements also. ivi U'r1111N by Mr. Minor seconded by Mr. Braten wi in favor the minutes of the October 23, 2002 meetii •e approved as amended. FOURTH ORDER OF BUSINESS Staff Reports A. Attorney There not being any, the next item followed. 3 January 22, 2003 Fiddlers Creek C.D'D. B. Engineer Mr. Cole stated the contractors continue to work on the extension of Club Center Boulevard and Fiddler's Creek Parkway and the turn lane is also under construction. C. Manager - Financial Statements There not being any, the next item followed. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments Mr. Al Love stated it is my understanding that after there are 250 residents that there is an opportunity for homeowners to be a part of the Board. Mr. Ward stated six years from the date of establishment and 250 registered qualified electors the process allowing qualified electors to run and be seated on the Board goes into affect. The first election for qualified electors was held in November 2002. Ms. Matire and Mr. Braten were elected to the Board. The next election will be in November 2004. In the summer of that year the Supervisor of Elections will open the qualifying period for that election, just like she would for a municipal or county election. Mr. Love asked is there public notification of that? Mr. Ward responded not to my knowledge other than what the Supervisor of Elections may notice publicly as a result of Chapter 106 which is the election laws. A resident asked does the next election require that anyone who is seeking election to be resident? Mr. Ward responded yes, as they did this time. A resident stated as this process plays out the Board should all be residents. Mr. Ward stated 2004 will be the next election and by 2006 the Board should be fully transitioned from a landowner based election to a qualified elector based election. Mr. Olson stated maybe Mr. Ward can keep you apprised of things during these meetings and make a note that if someone has an interest in running they can notify you. Mr. Ward stated in May of 2004 the Board will adopt a resolution calling for the election and we transmit that resolution to the Supervisor of Elections. A resident stated the operating and maintenance budget is for Fiscal Year 2003 which begins prior to the turn of the year, the Christmas lighting program is budgeted for $17,000. Was that this past Christmas season? M January 22, 2003 1611 Fiddler's Creek C.D.D. Mr. Ward responded yes. A resident asked did we spend all those funds? Mr. Lamb responded we spent approximately $5,000. A resident stated the front entrance was under a lot of construction during that period and in my judgement we did not have $17,000 worth of lights. Mr. Ward stated if there is a budget item that we do not fully expend it falls into cash for the following year for the Board to decide what to do. Mr. Love stated it is my understanding that we are all assessed a portion equally. Those of us in Monterey pay our own water. Is this going to be addressed? Mr. Ward responded yes that question came to my attention and we will be addressing that in the next fiscal year's budget. The plan for those residents who are being individually metered is to move your irrigation lines off the potable system and on to the District system so you will not have that bill coming from the County anymore and it will be in the District assessment program. A resident stated the new entrance is a vast improvement. Does the District pay for that or is that a developer expense? Mr. Ward responded the District paid for that and it is in the assessments you pay the District each year. It is in a specific phase of a Bond issue and you, as residents, are paying for that capital infrastructure. Mr. Bob Mills asked does the District help with putting a light up at our entrance from Route 951 into the development? Mr. Cole responded it is a developer issue, but when you put a signal light up you have to meet certain traffic warrants which includes accident history, traffic volume and many other considerations. The last time we explored this we were not even close to matching those warrants. As the community grows we will meet those warrants and at that point the signal will be applied for. Mr. Minor stated we would love to have a signal there and have been trying to get one, but the warrants are based on certain criteria. If it is a signal light, there is a strong possibility it may be in the District's capital improvement program for construction at some point in the future. A resident stated I observed several traffic accidents within the District along with some close calls. I emailed my concerns to Mr. Mike Charbeneau about visibility at intersections and forwarded it to the Foundation. At numerous intersections as you approach to make a left turn into another access way, the 5 January 22, 2003 w. F Fiddler's Creek C.A. vegetation planted obscures that inside lane as you are coming along the Parkway particularly. I reviewed the Fiddler's Creek Foundation documents and there is a section that states that no vegetation shall be planted where it impedes the line of sight or safety. There is also a reference to the Collier County Land Development Code and it states that vegetation must be maintained to provide a line of sight between minimum of 30" and 8'. There are areas along the Parkway and down Championship that exceed that. If it is a Foundation issue or a District issue, it needs to be taken care of. Mr. Ward stated it is a District issue and Mr. Lamb will note it for the record and we will get it taken care of for you. SIXTH ORDER OF BUSINESS Adjournment On MOTION by Mr. Olson seconded by Mr. Minor with all in favor the meeting adjourned at 10:50 a.m. Ja s P. Ward, Secretary ClifKuMlson, Chairman AGENDA FIDDLER'S CREEK COMMUNITY DEVELOPMENT DISTRICT Wednesday Club & Spa at Fiddler's Creek January 22, 2003 3470 Club Center Boulevard 10:00 a.m. Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office for Supervisors Elected in November B. Consideration of Resolution 2003 -3 canvassing and certifying the Results of the Landowners Election C . Acceptance of Resignation Submitted by Paul Riegelhaupt D. Consideration of Appointment of Supervisor to Fill Unexpired Term of Office E. Election of Officers 3. Approval of the Minutes of the October 23, 2002 Meeting 4. Staff Reports A. Attorney B. Engineer C. Manager — Financial Statements 5. Supervisor's Requests and Audience Comments 6. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription of meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News FIDDLER'S CREEK C.D.D. NO. 2 JAMES WARD 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052301 58587213 NOTICE OF MEETINGFID State of Florida County of Collier personally Before the undersigned authority, p y appeared B. Lamb, who on oath says that she serves as Assistant corporate Secretary of the Nepies Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant `her says that she has neither paid nor Ased any person, firm or corporation any ._count, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 01/15 AD SPACE: 78.000 INCH FILED ON: 01/15/03 1511 Notice of Meetino Fiddler's Creek Community Improvement District of the proceedings . is mode, Including the test- Signature of Affiant many and evidence C //j 20 up°rr which such oppeol (7/7"- Is Lobe based• Sworn to and Subscribed re m s aY of- Gory L Moyer Personally known by me fJldon: anoger. i5 No. y3224 e,V"N Donna Chesney My Commission DD056M %a Expirm September 11. 2005 Oath of Office I, Q. Grady Minor, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. (V\.-L Z inor I `2 2 Date Sworn to (or affirmed) before me this 22nd day of January, 2003 by Q. Grady Minor whose signature appears hereinabove. James P. Ward MY COMMISSION # CC864934 EXPIRES December 19, 2003 BONDED THRU TROY FAIN INSURANCE, INC My Commission expires L Notes Public State of Florida J" es 1066AO Print Name d-- -c1 -00 Personally known ✓ or produced identification Type of identification Oath of Office I, Diane C. Matire, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. Diane C. Matire 2-z 1 D e =14 Sworn to (or affirmed) before me this 22nd day of January, 2003 by Diane C . Matire whose signature appears hereinabove. Tomes P. word W commssioN * ca64934 p(P O December 19, 2003 fit}: gpNDFO iMPd rQOY fAN1 INi4N� WiG ,k�,,, My Commission expires Not rygPublic State of lorida Print Name I),- -/ I -0� Personally known or produced identification Type of identification ;f Oath of Office I, Steven R. Braten, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. 00, I IM mom. / A� /0�> Date Sworn to (or affirmed) before me this 22nd day of January, 2003 by Steven R. Braten whose signature appears hereinabove. lames P. Ward ±: :� MY COMMISSION # CC8W34 6XP8tES December 19, 2003 "R � ION459 tNRU VOY PAN INKMAWk INC My Commission expires Not* Public State of Florida ___.i >VE:S 12&)g-4 Print Name Personally known 1/ or produced identification Type of identification ME, RESOLUTION 2003 -3 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF THE LANDOWNERS ELECTION OF SUPERVISORS HELD PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held on the first Tuesday in November every two years following the creation or re- establishment of a Community Development District for the purpose of electing Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 20, 2002 at which the below recited person was duly elected by virtue of the votes cast in his favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; NOW, EFORE, BE IT RESOLVED BY THE LANDOWNERS AND BOARD OF SUPERVISORS OF THE FIDDLER'S COMMUNITY DEVELOPMENT DISTRICT; 1. The following person is found, certified, and declared to have been duly elected as Supervisor of and for the District: Q. Grady Minor 446 votes 2. In accordance with said statute, the term of office shall be four years. 3. Said terms of office shall commence immediately upon the adoption of this Resolution. PASSED AND ADOPTED THIS, 22nd DAY OF JANUARY, 2003. Janjes P. Ward clif Olson Secretary Chairman 6001 Pelicarn Ray Blvd. #1206 Naples FL 34108 October 16, 2002 Fiddlers Creek Community Dbvelopment.Dis trict. Nn.ples Florida Atten.tiorr: Mr. James P. Ward, Manager Dear Jim: Please accept my resigan't ion from the Board; of Supervisors of Fiddlers Creek C- 13..D'. effective as of January 15, 2003. h have m.de a decision to spend more time with my family ini New York State and locate a second residence in that area. As a result, my availability for District meetings will be unacceptably lim- ited. Please take the necessary steps to enable the Board to select my replacement in a timely manner. Sin.,c�erely yours Paul W. Riegelha pt Oath of Office I Gc3oA.1 , a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Fiddler's Creek Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Fiddler's Creek Community Development District, Collier County, Florida. / 2 X 'v3 Date r I to (o affirmed) before me this day o , 2003 by whose signature appears here above. 2 1;A , h•, lames P. Ward MY COMMISSION # CC864934 D(PIRES �._ :J; December 19, 2003 BONDED THRU TROY FAIN INSURANCE, INC. 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O M O O M N M i-� G O O _; O O O Ol Ol M m S4 u N J-1 G Lf) 'W OD a O O ri N M :3 i) U G N (13 'A � I N O� � G N -•-I I a� b ul G W Ql m D G O v -� au x v a 114 Hun w N H W NGOu HOU G Z O to In O a C4 z z m (n W a 0 0 n L) w w a w0 co x pHwuo G H a a a w W U W F H O O O DDC4 0 E U3ZUcn 2 Z ul I O O O w n El a O i h O O4 w a F H a U p [� N j U O 0 x N W ri N W O GN O ON O\ C) � O O ON Ol U M . U) 0 M 0 O � t o � D 0 0 W00 00 0000 M M M M 4J �fl U1 U-1 in O O O O O O O O 4� 4� V tn W !�v v 'N ti v A 0 a w A O U VJ u w O v 0 A a N cu .r M u iffil, 1611. Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds For the Month Ended December 31, 2002 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Capitalized Interest Account Deposit to Debt Service Reserve Account Costs of Issuance & Underwriters' Discount Interest from Cost of Issuance Account Interest from Construction Account (includes accrued interest) total sources Use of Funds Costs of Issuance Bond Counsel- White & Case District Counsel- Woodward, Pires et al Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates Costs of Issuance & Underwriters' Discount District Manager- Moyer & Associates Deposit to Capitalized Interest Account Deposit to Reserve Account Document Printing- Allied Printing total costs of issuance I f"'), 111. Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $15,100,000.00 $15,100,000.00 $0.00 $151,894.10 $151,894.10 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $303,150.00 $303,150.00 $0.00 $988.04 $988.04 $0.00 $660,154.65 $660,154.65 $0.00 $20,871,142.69 $20,871,142.69 $0.00 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $101,966.60 $101,966.60 $0.00 $18,032.54 $18,032.54 $0.00 $5,000.00 $5,000.00 $0.00 $26,541.98 $26,541.98 $0.00 $345,254.17 $345,254.17 $0.00 $10,000.00 $10,000.00 $0.00 $2,701,580.90 $2,701,580.90 $0.00 $1,953,375.00 $1,953,375.00 $0.00 $1,676.00 $1,676.00 $0.00 $5,163,427.19 $5,163,427.19 $0.00 Fiddler's Creek Community Development District Series 19% Special Assessment Bonds Construction Year to Projects Date Amounts Constniction Costs Overall Paid/ Rec'dby Variance Budget Bond Funds Fay. - (Unfay.) Transferred Improvements Roadway $163,019.67 $163,019.67 $0.00 Utilities - Water /Sewer / Irrigation $439,353.51 $439,353.51 $0.00 Earthwork & Clearing $2,519,567.53 $2,519,567.53 $0.00 Stormwater Management $229,760.71 $229,760.71 $0.00 Roadway Lighting $83,111.67 $83,111.67 $0.00 Landscaping $573,001.49 $573,001.49 $0.00 Recreation, Parks & Security $131,230.63 $131,230.63 $0.00 Offsite Improvements $228,181.97 $228,181.97 $0.00 total transferred improvements $4,367,227.18 $4,367,227.18 $0.00 Soft Costs Hole, Montes & Associates $479,320.84 $479,320.84 $0.00 George Botner ASLA $10,249.08 $10,249.08 $0.00 White & Case - (work for refunding 1996 bonds) $18,963.50 $18,963.50 $0.00 951 Land Holdings JV - Management Fee $440,327.68 $440,327.68 $0.00 Law Engineering - Geotechnical $2,930.01 $2,930.01 $0.00 total soft costs $951,791.11 $951,791.11 $0.00 Phase IA Soft Costs 200000 $4,536.09 $4,536.09 $0.00 Roadways 302000 $44,606.85 $44,606.85 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $1,850.00 $1,850.00 $0.00 Drainage 304000 $0.00 $0.00 $0.00 Excavation 306600 $2,000.00 $2,000.00 $0.00 Security 308820 $113,809.60 $113,809.60 $0.00 Landscape 308840 $563,096.52 $563,096.52 $0.00 Signage 308860 $60,895.16 $60,895.16 $0.00 Guymann Construction Various $811,063.03 $811,063.03 $0.00 total Phase IA $1,601,857.25 $1,601,857.25 $0.00 1611 Fiddler's Creek Community Development District Series 1996 Special Assessment Bonds Future Projects total construction costs total costs overall available remaining funds Balance of Trust Accounts Construction Account $168,734.84 Cost of Issuance Account Total $168,734.84 $168,734.84 $0.00 $168,734.84 $15,538,980.66 $15,538,980.66 $0.00 $20,871,142.69 $20,702,407.85 $168,734.84 $168,734.84 Construction Year to Projects Date Amounts Construction Costs Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) Phase IB Soft Costs 200000 $72,114.43 $72,114.43 $0.00 Roadways 302000 $37,427.50 $37,427.50 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $1,200.00 $1,200.00 $0.00 Excavation 306600 $36,069.78 $36,069.78 $0.00 Security 308820 $95,220.00 $95,220.00 $0.00 Landscape 308840 $2,200,834.01 $2,200,834.01 $0.00 Signage 308860 $99,867.58 $99,867.58 $0.00 Guymann Construction Various $5,978,481.15 $5,978,481.15 $0.00 total Phase 113 $8,521,214.45 $8,521,214.45 $0.00 Phase 2 Soft Costs 200000 $0.00 $0.00 $0.00 Roadways 302000 $0.00 $0.00 $0.00 Water Mains 302320 $0.00 $0.00 $0.00 Sewer Mains 303315 $0.00 $0.00 $0.00 Irrigation Mains 303340 $0.00 $0.00 $0.00 Drainage 304000 $0.00 $0.00 $0.00 Excavation 306600 $0.00 $0.00 $0.00 Security 308820 $0.00 $0.00 $0.00 Landscape 308840 $0.00 $0.00 $0.00 Signage 308860 $0.00 $0.00 $0.00 Guymann Construction Various $96,890.67 $96,890.67 $0.00 total Phase 2 $96,890.67 $96,890.67 $0.00 Future Projects total construction costs total costs overall available remaining funds Balance of Trust Accounts Construction Account $168,734.84 Cost of Issuance Account Total $168,734.84 $168,734.84 $0.00 $168,734.84 $15,538,980.66 $15,538,980.66 $0.00 $20,871,142.69 $20,702,407.85 $168,734.84 $168,734.84 Fiddler's Creek Community Development District Series 1999 Special Assessment Revenue Bonds For the Month Ended December 31, 2002 $1,772,584.03 $0.00 $791,231.55 $791,231.55 Construction Year to $675,161.58 Projects Date Amounts $100,000.00 $0.00 Overall Paid /Rec'd by Variance Source of Funds Budget Bond Funds (Fay.) - Unfay. $2,500.00 $0.00 Deposit to Construction Account $13,589,592.84 $13,589,592.84 $0.00 Deposit to Cost of Issuance Account $175,000.00 $175,000.00 $0.00 Deposit to Capitalized Interest Account $1,772,584.03 $1,772,584.03 $0.00 Deposit to 1999A Reserve Account $791,231.55 $791,231.55 $0.00 Deposit to 1999B Reserve Account $675,161.58 $675,161.58 $0.00 Costs of Issuance & Underwriters' Discount $241,430.00 $241,430.00 $0.00 Interest Income (including Accrued Interest) $11,190.99 $856,930.19 ($845,739.20) total sources $17,256,190.99 $18,101,930.19 ($845,739.20) Use of Funds Costs of Issuance Deposit to Capitalized Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Bond Counsel - White & Case District Counsel- Woodward, Pires and Lombardo Trustee - Suntrust Bank Trustee Counsel- Nabors, Gibhn & Nickerson Financial Consultant- Fishkind & Associates, Inc. Underwriters' Discount District Manager - Severn Trent/ Moyer & Assoc. Document Printing- Allied Printing, Inc. Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $1,772,584.03 $1,772,584.03 $0.00 $791,231.55 $791,231.55 $0.00 $675,161.58 $675,161.58 $0.00 $100,000.00 $100,000.00 $0.00 $11,075.80 $11,075.80 $0.00 $6,000.00 $6,000.00 $0.00 $2,500.00 $2,500.00 $0.00 $20,000.00 $20,000.00 $0.00 $211,128.51 $211,128.51 $0.00 $10,000.00 $10,000.00 $0.00 $4,115.01 $4,115.01 $0.00 total costs of issuance $3,603,7 %.48 $3,603,796.48 $0.00 6 1 a fi . Fiddler's Creek Community Development District Series 1999 Special Assessment Bonds total costs overall $17,256,190.99 $16,389,884.63 $866,306.36 available remaining funds $1,712,045.56 (Construction Account Cost of Issuance Account Total $1,712,045.56 $1,712,045.56 Construction Year to Projects Date Amounts Construction Costs Overall Paid /Rec'd by Variance Code Budget Bond Funds Fay. - (Unfay.) General Development Soft Costs 200000 $941,584.00 $1,429,654.80 ($488,070.80) Environmental 301000 $102,500.00 $121,655.50 ($19,155.50) Roadways 302000 $485,400.00 $283,628.97 $201,771.03 Tunnels 302215 $175,000.00 $219,747.22 ($44,747.22) Water Mains 302320 $185,614.00 $111,081.32 $74,532.68 Street Lighting 303300 $96,150.00 $143,436.00 ($47,286.00) Sewer Mains 303315 $359,619.00 $325,129.25 $34,489.75 Irrigation Mains 303340 $647,083.00 $63,084.55 $583,998.45 Drainage 304000 $935,085.00 $891,230.40 $43,854.60 Clearing 305000 $885,000.00 $565,090.45 $319,909.55 Excavation 306600 $7,223,806.00 $7,342,933.11 ($119,127.11) Security 308820 $238,160.00 $136,912.30 $101,247.70 Fountains 308810 $112,400.00 $112,226.90 $173.10 Landscape 308840 $776,000.00 $685,20195 $90,796.05 Signage 308860 $54,000.00 $22,334.32 $31,665.68 Median Landscape 308880 $350,000.00 $332,739.11 $17,260.89 total general development $13,567,401.00 $12,786,088.15 $781,312.85 Future Projects $84,993.51 $0.00 $84,993.51 total construction costs $13,567,401.00 $12,786,088.15 $781,312.85 total costs overall $17,256,190.99 $16,389,884.63 $866,306.36 available remaining funds $1,712,045.56 (Construction Account Cost of Issuance Account Total $1,712,045.56 $1,712,045.56 Fiddler's Creek Community Development District Series 2002 Special Assessment Revenue Bonds For the Month Ended December 31, 2002 Source of Funds Deposit to Construction Account Deposit to Cost of Issuance Account Deposit to Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Costs of Issuance & Underwriters' Discount Interest Income (including Accrued Interest) total sources Use of Funds Costs of Issuance Deposit to Interest Account Deposit to 1999A Reserve Account Deposit to 1999B Reserve Account Bond Counsel- White & Case District Counsel- Woodward, Pires and Lombardo Trustee - Suntrust Bank Trustee Counsel- Nabors, Giblin & Nickerson Financial Consultant- Fishkind & Associates, Inc. Underwriters' Discount District Manager - Severn Trent/ Moyer & Assoc. Document Printing- Greenberg & Traurig 1611 Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds (Fay.) - Unfay. $12,195,697.18 $12,195,697.18 $0.00 $165,000.00 $165,000.00 $0.00 $1,647,430.94 $1,647,430.94 $0.00 $799,000.01 $799,000.01 $0.00 $411,121.87 $411,121.87 $0.00 $231,750.00 $231,750.00 $0.00 $11,190.99 $108,644.07 ($97,453.08) $25,000.00 $25,000.00 $0.00 $15,461,190.99 $15,558,644.07 ($97,453.08) Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - ( Unfay.) $1,647,430.94 $1,647,430.94 $0.00 $799,000.01 $799,000.01 $0.00 $411,121.87 $411,121.87 $0.00 $90,000.00 $90,000.00 $0.00 $9,470.50 $9,470.50 $0.00 $5,500.00 $5,500.00 $0.00 $5,000.00 $5,000.00 $0.00 $25,000.00 $25,000.00 $0.00 $231,750.00 $231,750.00 $0.00 $15,000.00 $15,000.00 $0.00 $4,000.00 $4,000.00 $0.00 total costs of issuance $3,243,273.32 $3,243,273.32 $0.00 Construction Costs General Development Soft Costs Environmental Roadways Tunnels Water Mains Street Lighting Sewer Mains Irrigation Mains Drainage Clearing Excavation Security Fountains Landscape Off Site Contingencies Future Projects i's In Fiddler's Creek Community Development District Series 2002 Special Assessment Bonds Construction Year to Projects Date Amounts Overall Paid /Rec'd by Variance Budget Bond Funds Fay. - (Unfay.) $1,724,000.00 $327,917.53 $1,396,082.47 $252,000.00 $0.00 $252,000.00 $1,453,000.00 $1,061,691.70 $391,308.30 $0.00 $0.00 $0.00 $446,000.00 $0.00 $446,000.00 $151,000.00 $2,088.00 $148,912.00 $740,000.00 $0.00 $740,000.00 $ 475,000.00 $46,708.57 $428,291.43 $681,000.00 $95,926.22 $585,073.78 $239,000.00 $23,532.75 $215,467.25 $3,165,000.00 $1,223,760.54 $1,941,239.46 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $1,769,000.00 $1,100,232.38 $668,767.62 $100,000.00 $6,850.88 $93,149.12 $997,000.00 $0.00 $997,000.00 totaI general development $12,192,000.00 $3,888,708.57 $8,303,291.43 $25,917.67 $0.00 $25,917.67 total construction costs $12,192,000.00 $3,888,708.57 $8,303,291.43 total costs overall $15,461,190.99 $7,131,981.89 $8,329,209.10 available remaining funds $8,426,662.18 Balance of Trust Accoun Construction Account Cost of Issuance Account Total $8,305,875.09 I $120,787.09 $8,426,662.18 j f-, 1 1 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 21, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. MEDITERRA SOUTH COMMUNT11Y D 1! 1 OPM NT DISTRI T 1. Pursuant to Florida Statutes Chapters 189 and 190, Mediterra South Community Developament District, has submitted the following: (a) Minutes of October 23, 2002 Meeting (b) Unaudited Financial Statements dated September 30, 2002 Thank you lspeciallspecial i Misc. Corrs: lQ DATE: FROM: RE: HtUtnvatj MAR 14 M3 FINANCE P Distric 1 10300 NW 11th Manor • Coral Springs, Florida 33071 • Telephone: (954) 796 -6631 • Fax: (954) 796 -0623 March 3, 2003 Cheryl Deering, Sales Manager MEDITERRA REALTY 15836 Savona Way Naples, Florida 34110 GRAU & COMPANY, P.A. 2700 N. Military Trail, #350 Boca Raton, FL 33431 Mr. James L. Mitchell CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Bldg Naples, Florida 34112 Dennis H. Derby, Jr. Municipal Credit Analyst FIRST UNION NATIONAL BANK 255 South County Road, 2nd Floor Palm Beach, Florida 33480 -6300 James P. Ward, District Manager October 23, 2002 Meet* Enclosed for your records is a copy of the above referenced meeting of the Board of Supervisors of the Mediterra South Community Development District, which are to be kept on file for public access. JPW/bst Encl: 161 J MAR 14 2003 M]N1 ES OF MEETING FINANCE DEPT MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT -I% Ir-n The regular meeting of the Mediterra South Community Development District was held Wednesday, October 23, 2002, at 12:00 p.m. at the Club at Mediterra, 15755 Corso Mediterra Circle, Naples, Florida. Present and constituting a quorum were: Margaret Emblidge Grady Miars Jim Carroll Lowell Ferguson Also present were: Sam Kissinger Brian Lamb Dan Cox Thuyvi Gates Chairman Vice Chairman Assistant Secretary Assistant Secretary Assistant Manager District Staff Attorney Permit Coordinator, BBG FIRST ORDER OF BUSINESS Roll Call Mr. Kissinger called the meeting to order and called the roll. SECOND ORDER OF BUSEV Mr. Kissinger stated minutes of the September corrections or deletions. There not being any, ESS Approval of the Minutes of the September 25, 2002 Meeting that each Board member received a copy of the 25, 2002 meeting and requested any additions, On MOTION by Mr. Miars seconded by Ms. EmI with all in favor the minutes of the September 25, meetina were approved. TFIIRD ORDER OF BUSINESS Ranking of Engineering Firms After discussion of each firm, Johnson Engineering was ranked number 1, RWA, Inc. was ranked number 2 and Hartman & Associates was ranked number 3. October 23, 2002 Mediterra South CD4 6 11 On MOTION by Mr. Carroll seconded by Mr. Ferguson with all in favor Johnson Engineering was ranked number 1, RWA, Inc. was ranked number 2 an Hartman & Associates was ranked number 3. Mr. Kissinger stated the next item is for the Board to authorize staff to negotiate a contract with Johnson Engineering. On MOTION by Mr. Carroll seconded by Mr. Ferguson with all in favor staff was authorized to negotiate a contract with Johnson Engineering for Engineering Services. FOURTH ORDER OF BUSINESS Staff Reports A . Attorney Mr. Cox stated the developer was required to obtain a permit from the S.F.W.M.D. as a condition for the development of the property within the boundaries of the District. The permit requires the District to preserve and /or mitigate certain wetland tracts within the jurisdiction of the District. Currently we are within the requirements of that permit to dedicate a conservation easement to the S.F.W.M.D. to provide certain enforcement rights to make sure we maintain the wetland areas in compliance with the permit in perpetuity. It is a standard S.F.W.M.D. permit easement document and prohibits certain activities within the boundaries of the conservation easements that would be detrimental to the maintenance of these areas and is recommended for approval. On MOTION by Mr. Carroll seconded by Mr. Ferguson with all in favor the Deed of Conservation Easement to S.F.W.M.D. was approved. B. Engineer There not being any, the next item followed. C. Manager Financial Statements There not being any discussion, the next item followed. FIFTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. 2 October 23, 2002 Mediterra South CDD SIXTH ORDER OF BUSINESS Adjournment 161 On MOTION by Mr. Miar seconded by Ms. Emblic with all in favor the meeting was adjourned at 12 D.M. I' Ji Carroll, Assistant Yeeretary 3 Margaret mblidge, Ch irman 611 AGENDA MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT Wednesday Club at Mediterra October 23, 2002 15755 Corso Mediterra Circle 12:00 p.m. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the September 25, 2002 meeting 3. Ranking of Engineering Firms 4. Staff Reports A. Attorney B. Engineer C. Manager — Financial Statements 5. Supervisor's Requests and Audience Comments 6. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription cf meeting minutes. Thank you for your assistance. Naples Daily News 161 Naples, FL 34102 Affidavit of Publication - Nap tes_Daily News MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #301 CORAL SPRINGS FL 33071 REFERENCE: 056434 58537100 NOTICE OF MEETINGMED State of Florida County of Collier Before the undersigned authority, Personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily sews is a newspaper published at Naples, in said Collier County, Florida, and that the said iewspaper has heretofore been continuously published in said Collier County, Florida, each Jay and has been entered as second class mail matter at the post office in Naples, in said :oilier County, Florida, for a period of 1 year text preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any Jiscount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. 'UBLISHED ON: 10/16 4D SPACE: 66.000 INCH FILED ON: 10/16/02 Signature of Affiant ` - -J Sworn to and Subscribed bef� this 9!x ay of Personally known by me �;���t`` sl�srna Chr�.reir ;" G My COrnn*Ss. on DD056330 Y :: Expires Sei;tember 11, 2005 _ 20_C)-D Of Of so Medllerra urcle,:mpica, Florida. The meet- ing Is open to the publlc and will be conducted in accord- ance with !provi- sans of Florida Law for Community Developmeni Districts. A copy of the ages- do for tuts ttf, ng may be obtained firft" r,L. May- er , 10300 N W. 11 Manor Corsi Sprirld5, Florida 33071. There V--be - oaca• lions when one or more Su pervisors will partici pate by ;telephone. At thi above Walton there will bi present a speaker tele phone so that any interest ed person can attend nth, the discussi elther In PF phone 4i- maf - at will need a re- cord oU "the. pro- ceedings is made incur the testimony and evid upon which such appeal be based. GaryL Moyer I nd aog 16er No.'21' 01 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples -Dai ly News_- MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #301 CORAL SPRINGS FL 33071 REFERENCE: 056434 58531120 REQUEST FOR PROPOSAL State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/04 AD SPACE: 75.000 INCH FILED ON: 10/04/02 Signature of Affiant `" ` Sworn to and Subscribed b e me 16*day of 200- Personally known by me yr x,. L` �Jly Cot�ardssirn �.�_ {•_. � GG366336 of r. ?` F::pire;:W e�;t�,rrber i 1, 2305 H 0 w h w ►� F _U H A w a 0 w w A F z O ►a Cr` F�1 z w w a a 0 a a z a w W z_ z W h 0 A m CA A cv F N N ro H b a� P, � m cd O Ea � � a N t to w 0 Y E -� _ �o LO ipLL�a U O E {.y U y Q� U a .0 X y 3 F U w b V cl -A, •r..1; NOV v ,202 Return to: Daniel A. Cox, Esq. Young van Assenderp, Varnadoe & Anderson, P.A. 801 Laurel Oak Drive, Suite 300 Naples, FL 34108 Property Identification Number: 59966001123 59960012121 59966006005 59966003121 i�v1Aaa11wieMM� I �. INSTR # 5609015 OR BK 03762 PG 1795 RECORDED 10/29/2002 12:47:00 PM CHARLIE GREEN, CLERK OF COURT LEE COUNTY RECORDING FEE 33.00 DEPUTY CLERK. J Miller DEED OF CONSERVATION EASEMENT THIS DEED OF CONSERVATION EASEMENT is given this �3 da y of October, 2002, by MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT having an address at c/o James P. Ward, 210 N. University Drive, Suite 301, Coral Springs, Florida 33071 ( "Grantor ") to the SOUTH FLORIDA WATER MANAGEMENT DISTRICT, having an address at 3301 Gun Club Road, West Palm Beach, Florida 33406, ( "Grantee "). As used herein, the term Grantor shall include any and all heirs, successors or assigns of the Grantor, and all subsequent owners of the "Property" (as hereinafter defined) and the term Grantee shall include any successor or assignee of Grantee. WITNESSETH WHEREAS, the Grantor is the owner of certain lands situated in Collier County, Florida, and more specifically described in Exhibit A attached hereto and incorporated herein ( "Property "); and WHEREAS, the Grantor desires to construct the MEDITERRA ( "Project ") at a site in Collier County, which is subject to the regulatory jurisdiction of the South Florida Water'Management District; and WHEREAS, District Permit No. 11- 01761 -P ( "Permit ") authorizes certain activities which affect surface waters in or of the State of Florida; and WHEREAS, the Permit requires that the Grantor preserve and/or mitigate wetlands under the District's jurisdiction; and 1 of 6 I 161 I:CH's OR BOOK 03762 PAGE 179E WHEREAS, the Grantor has developed and proposed as part of the permit conditions a conservation tract and maintenance buffer involving preservation of certain wetland and /or upland systems on the Property; and WHEREAS, the Grantor, in consideration of the consent granted by the Permit, is agreeable to granting and securing to the Grantee a perpetual conservation easement as defined in Section 704.06, Florida Statutes (1995), over the Property which includes third party enforcement rights for the District. NOW, THEREFORE, in consideration of the issuance of the Permit to construct and operate the permitted activity, and as an inducement to the Grantee in issuing the Permit, together with other good and valuable consideration, the adequacy and receipt of which is hereby acknowledged, Grantor hereby grants, creates, and establishes a perpetual conservation easement for and in favor of the Grantee upon the Property which shall run with the land and be binding upon the Grantor, and shall remain in full force and effect forever. The scope, nature, and character of this conservation easement shall be as follows: 1. It is the purpose of this conservation easement to retain land or water areas in their natural, vegetative, hydrologic, scenic, open, agricultural or wooded condition and to retain such areas as suitable habitat for fish, plants or wildlife. Those wetland and/or upland areas included in the conservation easement which are to be enhanced or created pursuant to the Permit shall be retained and maintained in the enhanced or created conditions required by the Permit. To carry out this purpose, the following rights are conveyed to Grantee by this easement: a. To enter upon the Property at reasonable times with any necessary equipment or vehicles to enforce the rights herein granted in a manner that will not , unreasonably interfere with the use and quiet enjoyment of the Property by Grantor at the time of such entry; and b. To enjoin any activity on or use of the Property that is inconsistent with this conservation easement and to enforce the restoration of such areas or features of the Property that may be damaged by any inconsistent activity or use. 2 of 6 warrants and defends the title to the conservation easement hereby conveyed against the lawful claims of all persons whomsoever. N WITNESS WHEREOF, Grantor has hereunto set its authorized hand this �� day of October, 2002. MEDITERRA SOUTH COMMUNITY DEVELOPMENT DISTRICT By: Title: Mar et Emblidge, Cha' erson STATE OF FLORIDA COUNTY OF LEE Attest: ,Q1 t/ Title: j6s P. Ward, Secretary The foregoing instrument was acknowledged before me this day of October, 2002 by Margaret Emblidge as Chairperson of the Mediterra South Community Development District existing pursuant to Chapter 190, Florida Statutes. She is personally known to me. »•,• �YfHUYVI D. GATES ='r Notary Public, State of Florida My Comm expires August 13, 2004 Bonded Comm No CC960445 Thru Notary Public Underwriters STATE OF FLORIDA COUNTY OF LEE Signature of Notary Public Notary Public - State of Florida Fkal4vi —f _c-, Printed Namdl of Notary The foregoing instrument was acknowledged before me this rd day of October, 2002 by James P. Ward as Secretary of the Mediterra South Community Development District. He is personally known to me ,,,• THUYVt D. GATES Signature of Nota Public Notary Public, State of Florida My Comm expire August 13, 2004 Notary Public - State of Florida s z�R,•.a t Comm. No CC960445 k Bonded Thru Notary Public Underwriters Printed Name -4 Notary South Florida Water Management District Legal Form Approved: SFWMD - January, 1998 6 of 6 i 1611 EXHIBIT "A" CONSERVATION AREA CA -1, Mediterra Parcel 110, as recorded in Plat Book 35, Pages 79 -80 (inclusive) of the Public Records of Collier County, Florida; and: CONSERVATION AREA CA -2, Mediterra Golf Course Phase II, as recorded in Plat Book 37, Pages 59 -66 (inclusive) of the Public Records of Collier County, Florida; ,0", CONSERVATION AREA CA -4A, Mediterra Golf Course Phase III, as recorded in Plat Book 37, Pages 67 -72 (inclusive) of the Public Records of Collier County, Florida; and: CONSERVATION AREAS CA -3, CA -4A, CA -6, CA -7, CA -8, Mediterra Golf Course Phase IV, as recorded in Plat Book 38, Pages 69 -77 (inclusive) of the Public Records of Collier County, Florida. 0 M W 0 0 w o� ro t� n 0 m CD r �s rrOw � J V 4 WZ4 O W W O Z Z O V W) C N O � � O N 0 c � a 16 11"", N V• O O m N O c O .-I ro ro F F- a Q N O M E m w O w cxn r- -4 W 20 U G z v av FC O PO -•i u ( R. u w Q Q z Q D U k+ xHa O W w °uz w u U (4 O w u F ro H f-1 Q a) 1 W O. 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V O 2 W a O W W 0 Z Z Z 0 V �U C c 0 u c 0 A N O 0 � N M c � a. a� 1611: Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 1999 A & B $30,495,000.00 For the Month Ended September 30, 2002 Source of Funds wow Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. Deposit to Construction Account $24,344,152.59 $24,344,152.59 $0.00 Deposit to Cost of Issuance $145,000.00 $145,000.00 $0.00 Deposit to Interest Account $3,419,052.55 $3,419,052.55 $0.00 Deposit to 1999 A & B Reserve Account $2,136,739.53 $2,136,739.53 $0.00 Underwriter's Discount $457,425.00 $457,425.00 $0.00 Interest from Construction /Cost of Issuance Acct $810,614.44 $810,614.44 $0.00 Total $31,312,984.11 $31,312,984.11 $0.00 Use of Funds Costs of Issuance Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. Underwriters Discount $457,425.00 $457,425.00 $0.00 Bond Counsel- Nabors, Giblin, Nickerson $42,743.25 $42,743.25 $0.00 Bond Underwriter- Prager, McCarthy & Sealy $5,000.00 $5,000.00 $0.00 Financial Advisor- Fishkind & Associates $20,281.69 $20,281.69 $0.00 Trustee Counsel - Holland & Knight $5,250.00 $5,250.00 $0.00 Trustee Fee - First Union National Bank $9,648.75 $9,648.75 $0.00 District Counsel- Young, vanAssenderp $25,000.00 $25,000.00 $0.00 District Manager - Severn Trent Environ. $15,000.00 $15,000.00 $0.00 Bond Printing - Bowne of Atlanta, Inc. $6,280.00 $6,280.00 $0.00 Deposit to Interest Account $3,419,052.55 $3,419,052.55 $0.00 Deposit to Reserve Account $2,136,739.53 $2,136,739.53 $0.00 Total Costs of Issuance: $6,142,420.77 $6,142,420.77 $0.00 Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 1999 A & B $30,495,000.00 Use of Funds- (continued) Project Description Water Management Consulting Fees Utilities ROW Improvements Perimeter Landscaping Recreation & Parks Wetland Mitigation Off Site Improvements Technical Fees Land Acquisitions Total Costs Acquisition Agreement #1 TRANSFER TO PREPAYMENT ACCOUNT PER LOAN DOCUMENTS Future Projects Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. $6,168,539.83 $6,168,539.83 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $2,003,876.95 $2,003,876.95 $0.00 $473,341.34 $473,341.34 $0.00 $0.00 $0.00 $0.00 $196,287.15 $196,287.15 $0.00 $5,630,965.04 $5,630,965.04 $0.00 $1,282,624.87 $1,282,624.87 $0.00 $5,522,125.00 $5,522,125.00 $0.00 $21,277,760.18 $21,277,760.18 $0.00 $3,892,803.16 $3,892,803.16 $0.00 Total Expenditures $31,312,984.11 $31,312,984.11 Funds Remaining $0.00 Reconciliation to Bank Statement: Construction Account at 9/30/02 Cost of Issuance Account at 9130/02 Total Funds Available 2 $0.00 $0.00 Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 2001 $5,585,000.00 For the Month Ended September 30, 2002 Source of Funds 161' Construction Year to Date Total Overall Projects Amounts Paid ! Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. Deposit to Construction Account $4,826,260.01 $4,826,260.01 $0.00 Deposit to Cost of Issuance $135,000.00 $135,000.00 $0.00 Deposit to Interest Account $120,993.01 $120,993.01 $0.00 Deposit to Reserve Account $440,497.50 $440,497.50 $0.00 Underwriter's Discount $78,190.00 $78,190.00 $0.00 Interest from Construction /Cost of Issuance Acct $9,964.72 $9,964.72 $0.00 Total $5,610,905.24 $5,610,905.24 $0.00 Use of Funds Costs of Issuance Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. Underwriters Discount $78,190.00 $78,190.00 $0.00 Bond Counsel- Nabors, Giblin, Nickerson $42,145.25 $42,145.25 $0.00 Bond Underwriter- Prager, McCarthy & Sealy $1,000.00 $1,000.00 $0.00 Financial Advisor- Fishkind & Associates $12,341.60 $12,341.60 $0.00 Trustee Counsel - Holland & Knight $3,750.00 $3,750.00 $0.00 Trustee Fee - First Union National Bank $4,531.51 $4,531.51 $0.00 District Counsel- Young, vanAssenderp $25,000.00 $25,000.00 $0.00 District Manager- Severn Trent Environ. $15,000.00 $15,000.00 $0.00 Bond Printing - Bowne of Atlanta, Inc. $4,065.00 $4,065.00 $0.00 Deposit to Interest Account $120,993.01 $120,993.01 $0.00 Deposit to Reserve Account $440,497.50 $440,497.50 $0.00 Total Costs of Issuance: $747,513.87 $747,513.87 $0.00 Mediterra South COMMUNITY DEVELOPMENT DISTRICT Capital Improvement Revenue Bonds, Series 2001 $5,585,000.00 Use of Funds- (continued) Proiect Description RECEIVED Water Management MAR 14 M1 Consulting Fees Utilities FINANCE DEPT ROW Improvements Perimeter Landscaping Recreation & Parks Wetland Mitigation Off Site Improvements Technical Fees Land Acquisitions Total Costs Acquisition Agreement #1 Construction Year to Date Total Overall Projects Amounts Paid / Year to Date Overall Received by Variance Budget Bond Funds (Fay.) - Unfay. $1,427,310.06 $1,427,310.06 $0.00 $16,115.48 $16,115.48 $0.00 $1,084,210.60 $1,084,210.60 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $44,725.00 $44,725.00 $0.00 $0.00 $0.00 $0.00 $49,402.87 $49,402.87 $0.00 $2,241,400.00 $2,241,400.00 $0.00 $4,863,164.01 $4,863,164.01 $0.00 Total Expenditures $5,610,677.88 $5,610,677.88 Funds Remaining $227.36 Reconciliation to Bank Statement: Construction Account at 9/30/02 Cost of Issuance Account at 9/30/02 Total Funds Available $227.36 7.36 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # ECEIVE TO: Sue Filson, Administrative Assistant MAR � 4 200j Board of County Commissioners Board pf "-%aunt.y ('"mntssaoners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. COLLIER MOSQUITO CONTROL DISTRICT 1. Pursuant to Florida Statutes Chapters 189 and 190, Collier Mosquito Control District, has submitted the following: (a) District Maps (b) Public Facilities Report Thank you (,,Iisc. Corres: Date: (4 02,_ AspeciaAspecial 600 North Road Naples, Florida 34104 -3464 February 28, 2003 Mr. Derek Johnssen, General Accounting Manager Clerk of the Circuit Court Finance Department P.O. Box 413044 Naples, Florida 34101 -3044 Dear Mr. Johnssen: RECErvED FEB 2 8 2003 FINANCE pEPT 1611 COMMISSIONERS. John F. Johnson, Chairman Robert D. Geroy, Secretary Donald K. Page, Treasurer Robert A. Boyer Jeanne E. Brooker EXECUTIVE DIRECTOR: Frank W. Van Essen, Ph.D. Enclosed please find the Public Facilities Report for the Collier Mosquito Control District as required by Section 189.415 F.S. The District currently encompasses 308 square miles in Collier County. Effective October 1, 2003, the District will take in thirty -four square miles of Immokalee increasing to 342 square miles. Two maps are enclosed which outline the current and newly expanded boundaries of the Collier Mosquito Control District. The District is responsible for control of mosquitoes within those boundaries. If you require any further information, please feel free to contact me. Sincerely, Stacy . Welch Assistant Director, Administration Enclosures: Public Facilities Report District Maps (2) Administration: 239 -436 -1000 • 239 - 436 -1005 (fax) Hangar: 239 -436 -1008 • 239 - 436 -1007 (fax) www. collier- mosquilo. org 600 North Road Naples, Florida 34104 -3464 PUBLIC FACILITES REPORT Collier Mosquito Control District 600 North Road Naples, FL 34104 -3464 Submission Date — February 28, 2003 1611 COMMISSIONERS: John F. Johnson, Chairman Robert D. Geroy, Secretary Donald K. Page, Treasurer Robed A. Boyer Jeanne E. Brooker EAECUME DIRECTOR: Frank W Van Essen, Ph.D. The Collier Mosquito Control District has occupied its current facilities since 1990 and leases the land on which these facilities are built from the Naples Airport Authority. The facilities are adequate for day -to -day operations in the current 308 square mile boundaries. Buildings included at 600 North Road are: District Headquarters and Lab 6,400 square feet Vehicle Repair and Maintenance 9,600 square feet Naples Hangar 21,266 square feet Vehicle Storage 9,600 square feet Pesticide Storage 2,250 square feet On October 1, 2003, the District will expand to include 34 square miles of Immokalee. This will increase the District to 342 square miles. In order to control mosquitoes efficiently within the new incorporated area of the District, a lease is currently being negotiated with the Collier County Airport Authority for hangar space at the Immokalee Airport. Building at 195 Airpark Boulevard is: Immokalee Hangar 4,320 square feet Two maps are enclosed which outline the current and newly expanded boundaries of the Collier Mosquito Control District. The district is responsible for control of mosquitoes within those boundaries. A Board of five elected Commissioners governs the District. We currently have twenty -seven full -time employees, three pilots on call, two seasonal inspectors, and one seasonal lab assistant. Administration: 239- 436 -1000 • 239 - 436 -1005 (fax) Hangar: 239 - 436 -1008 • 239 - 436 -1007 (fax) www. collier - mosquito. org �¢ :� sue► �s i Collier Mosquito Control District Map 1611 Years of Expansion ' February 2003 ZACommon4strict expansionZistrict Map 2002.doc MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda 1611 Misc. Correspondence Agenda Date Agenda Item # i" rAR 2 4 2003 board c)f npty i;ommissioners Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. 1. Pursuant to Florida Statutes Chapters 189 and 190, Naples Heritage Community Development District, has submitted the following: (a) Minute of Meeting dated October 14, 2002 (b) Unaudited Financial Statements dated September 30, 2002 (c) Unaudited Financial Statements dated December 31, 2002 Thank you i..,v. ..�v F q' :lspedakspedal DATE: February 24, 2003 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Bruce Anderson, Esq. YOUNG, VAN ASSENDERP, VARNADOE, & ANDERSON, P.A. 801 Laurel Oak Drive Ste 300 Naples, Florida 34108 GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 FROM:' James P. Ward, District Manager RE: October 14, 200'2 Meeting Enclosed for your records is a copy of the minutes of the above meeting of the Board of Supervisors of the Naples Community Development District which are to be kept on file for public access. JPW /tj Encl: 1611 Naples Heritage Community Development District 10300 NW 11th Manor, Coral Springs, Florida 33071 Tel. (954) 753 -0380 • Fax (954) 755 -6701 DATE: February 24, 2003 Mr. Derrick Johnssen CLERK OF THE CIRCUIT COURT Finance Department 2671 Airport Road, Court Plaza III Post Office Box 413016 Naples, Florida 34112 -3016 Mr. Jim Mudd COLLIER COUNTY MANAGER Governmental Center 3301 East Tamiami Trail Administrative Building Naples, Florida 34112 Bruce Anderson, Esq. YOUNG, VAN ASSENDERP, VARNADOE, & ANDERSON, P.A. 801 Laurel Oak Drive Ste 300 Naples, Florida 34108 GRAU & COMPANY, P.A. 2700 North Military Trail Suite 350 Boca Raton, Florida 33431 FROM:' James P. Ward, District Manager RE: October 14, 200'2 Meeting Enclosed for your records is a copy of the minutes of the above meeting of the Board of Supervisors of the Naples Community Development District which are to be kept on file for public access. JPW /tj Encl: 1611 M[IN UTES OF MEETING NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Naples Heritage Community Development District was held Monday, October 14, 2002 at 9:05 a.m. at the Naples Heritage Golf & Country Club Clubhouse, 8150 Heritage Club Way, Naples, Florida. Present were: Peter J. Lombardi Peter Ramundo Michael Hueniken Gerald James Jack Spitz Also present were: Chuck Adams Dan Cox Ellie Cunningham Mary Christensen Chairman Vice Chairman (via phone) Supervisor Assistant Secretary Assistant Secretary District Staff Attorney President of H.O.A. Vice President of H.O.A. FIRST ORDER OF BUSINESS Call to Order Mr. Lombardi called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Approval of the Minutes of the August 12, 2002 Meeting Mr. Lombardi stated each Board member had received a copy of the minutes of the August 12, 2002 meeting and requested any additions, corrections or deletions. Mr. James stated on page two the word at should be removed from Mr. Ward's statement in paragraph four. On MOTION by Mr. James seconded by Mr. Huenike with all in favor the minutes of the August 12, 2002 were approved as amended. October 14, 2002 Naples Heritage C1.6 11 T1HFW ORDER OF BUSINESS Consideration of Statewide Mutual Aid Agreement and Resolution 2003 -1 Approving Same Mr. Adams stated this is an agreement that sets up a relationship with this governmental body and other governmental bodies throughout the state and recognizes that you exist and that you would be able to work with other governmental agencies in the event of a disaster. It also puts you in a position to accept FEMA funds in the event of a disaster that qualifies for FEMA reimbursement. Mr. Lombardi asked would we be able to accept the funds and disburse them? Mr. Adams responded correct. Up until a couple of years ago the legislation did not allow for C.D.D.'s to participate in the FEMA program. Two years ago they changed the legislation, which this agreement came from that costs you nothing. It creates a relationship between this governmental body and other governmental bodies in the area that may be able to provide assistance and the resources in a time of need and that you are recognized in the FEMA office as being eligible to receive FEMA funding. Mr. Lombardi asked would FEMA recognize us in addition to Collier County? Mr. Adams responded with Collier County being the larger municipal body in the area they would be able to distribute additional monies to you for your needs that would be distributed accordingly for disaster cleanup. Mr. Lombardi asked what obligations would we incur by signing this agreement? Mr. Adams responded none other than that you are recognizing yourself to be available to provide resources to the extent that you have them available and to receive resources. Mr. Ramundo stated what resources are you talking about other than FEMA funding? Mr. Adams responded for this particular District it would be a funding item and providing assistance if you have experts on the Board that may be able to participate and help another municipality that has a disaster. Sharing resources would be for the larger C.D.D.'s that might have in -house operations and a bigger group of experts that can be relocated to another part of the State to help with a X October 14, 2002 Naples Heritage C.D.1 611 disaster that may be localized somewhere else in the State. In this particular agreement you would be a receiver more than a provider. On MOTION by Mr. James seconded by Mr. Ramundo with all in favor Resolution 2003 -1 approving the Statewide Mutual Aid Agreement was adopted. FOURTH ORDER OF BUSINESS Staff Reports A . Attorney Mr. Cox stated Collier County has a condition to the approval of the development that requires a lift station dedication from the developer for 100 -feet squared in the northwest part of the property. When they contacted us recently they requested a 200 -foot by 200 -foot dedication instead. Mr. Hueniken and I met with the Utilities Department expressing the Board's primary concern was for the lift station to be located in a way not to be near the entry features and to be as minimally obtrusive as it could be. They located the area at the very western border of the property as close to Davis Road as they could get. The reason they are making this request is because they need additional room to accommodate the surface water management from the improvements they were going to put here. We suggested to them that we also own the lake in that area and could run a discharge pond down the edge of the property to that lake and minimize the need for a larger area by the lift station. It looks like we have them going back to the 100 -foot by 100 -foot area and the feasibility of discharging into the lake. We told them we want landscape screening as well. I noticed coming in that we have a sign in that area that is already landscaped that they could get behind to tie into our landscaping and not be visible from the road. The units closest to that area have golf course views and it should not be a problem to landscape the back side of it as well. Mr. Lombardi asked are they going to pay us for it? Mr. Cox responded they would not pay for the 100 -foot by 100 -foot area because it is a condition from the development approval. If they go to the 200 -foot by 200 -foot area they would have an obligation to but because their plan is already subject to a conservation use and cannot be used for anything else the County Property Appraiser said it has an assessed value of $100 for the entire tract of land. They would be able to come back and say that we could not use it for anything anyway. 3 October 14, 2002 Naples Heritage J. We could ask that they bear all costs for permit modifications and any off - site mitigation that is required from the S.F.W.M.D. for the impact through the conservation area and adequate landscaping approved by the Board as compensation for any monies paid for that site to make sure we are happy with the end product. Mr. Lombardi asked what level of noise would be generated by the lift station? Mr. Hueniken responded once it is operational there would not be any. Mr. Lombardi asked why do they need a sewage lift station there? Mr. Hueniken responded I understand it is to accommodate future growth towards SR 951 and the land across the road. Mr. Lombardi stated our concern is that it does not look unsightly for the residents along Naples Heritage Drive. Do we have the option to say no to this? Mr. Cox responded we are committed to dedicate the 100 -foot by 100 -foot area, but you could probably refuse the 200 -foot by 200 -foot area. They would probably condemn the property if you do and take it through the court process to determine the fair market value and see if you are entitled to attorney's fees for defending that condemnation. The way the Statue works on attorney's fees in condemnation actions is that it used to be that if you won and received more money than the County offered then you have your attorney's fees paid. Now it is based on the degree of enhancement in your reward. If they say they owe you $1,000 and only get $1,500, they are not going to be obligated to pay very much of your attorney's fees. Mr. Lombardi asked have they currently made a formal request? Mr. Cox responded I have not received any formal requests as to location, but they are still doing engineering studies to see if this area would work for them. Nothing formal needs to be done at this point and before any final decision is made it will come back to the Board for consideration. Mr. James asked if that is a preserve area would we have to trade that area and then they would have to get something off -site? Mr. Cox responded correct. One of the conditions we put on them if they get the larger area is that they take care of all permit requirements including off -site mitigation and getting the permits modified with S.F.W.M.D., which is a costly process and forces them back to wanting the smaller area that they are entitled to. Mr. Hueniken stated they indicated that 100 -foot by 100 -foot would be sufficient because there is already a preserve area around it. If this were in an 11 October 14, 2002 Naples Heritage t) . 1 open space area then they would prefer a larger area so they could put a berm and buffer to hide it. It would be preferable to give them the 100 -foot by 100 -foot area and allow them to discharge into our lake system. Mr. Lombardi asked would discharging into our lake cause any environmental concerns? Mr. Hueniken responded an area of 100 -foot by 100 -foot is a minor discharge, but we should run it by the engineer to make sure we are not at our maximum capacity already. Mr. James asked what kind of flow is going in there? Mr. Hueniken responded rainwater. Mr. Spitz stated it would turn out to be sewage discharge if it overflowed. Mr. Hueniken stated they would not be allowed to overflow. They would have to have a system in place that if something did overflow they would be able to handle it. B. Engineer Mr. Cox stated at the last meeting we talked about there being an additional parcel of conservation land that had not yet been conveyed from the developer to the District and the question was whether the agreement we have with the H.O.A. needs to be modified to accommodate the additional property. The contract is written with a description of all the open areas they would maintain including the conservation areas. We would not have to amend the terms of the agreement as Mr. Hueniken indicated these are areas they already maintain and are in the budget. Mr. Lombardi asked are you saying the H.O.A. agreement we already have encompasses this issue? Mr. Cox responded it is extremely broad in that it could be subject to interpretation. One could be that these areas were in effect when we entered into the agreement. Another could be that we knew these were going to be preservation areas and that all areas are encompassed by the plat and would be owned by us in the future and since they have been maintaining it in the budget they already have we could then go with that interpretation. Mr. Lombardi asked which area are you talking about? Mr. Cox responded it is on the northeast side of the entry feature and adjacent to Cedar Hammocks that has two lakes. 5 October 14, 2002 Naples Heritage 16 1 ' Mr. Lombardi asked who pays the real- estate taxes on that piece of property? Mr. Cox responded it is only valued at $100. Mr. Lombardi stated the tax office said it was rated at about $13 and could be one acre or fifty acres and they do not charge for anything under a $50 value. Does the C.D.D. own all of the preserve areas and is the deed going to be conveyed to us and when? Mr. Cox responded yes, once the conservation easement is in place. It has been submitted to the District and then goes to West Palm for their review. Once they sign off as meeting their requirements for an easement it is then sent to our attorney to record. It is then deeded to the C.D.D.. Mr. Lombardi asked will it be recorded in the name of U.S. Home initially then deeded to the C.D.D.? Mr. Cox responded yes. Mr. Lombardi asked is that the piece that was under question by the H.O.A. as to whether or not they agreed to maintain it? Mr. Cox responded correct. Mr. Lombardi asked in your opinion do you feel we should have another agreement with the H.O.A. to agree to maintain this piece of property? Mr. Cox responded based on the statement made to me that it is already included in their budget and they have been maintaining it over the past few years and the language in the contract, I would say no. Mr. Lombardi stated the people contracted to maintain those areas are paid by the H.O.A.. Another thing that came up at the last meeting that was never resolved is the littoral planting. Mr. Hueniken stated they have all been completed with a final inspection by the District on October 31St. Once that is completed and the conservation easement is recorded with S.F.W.M.D. we go from the construction phase to operation phase and will also be changed to the C.D.D.'s name. Mr. Spitz stated during the planting a lot of trees were planted underwater. Are they Cypress trees? Mr. Hueniken responded yes, they are Cypress trees. Mr. Lombardi stated when they planted them there was no water there. There is a five -year agreement that U.S. Home has to maintain those areas and if they die they have to replant them. We had a problem trying to have them planted in a different configuration and was told this is what the agreement was and that 0 October 14, 2002 Naples Heritage C.D. 161 is where they would be. Once the trees are grown you will have a hard time getting to the entrance of the fairway, but we were told there is nothing we could do about it and we may have to reconfigure them at some future date. Mr. Hueniken stated we had five or six different types of trees approved that would handle water including the Laurel Oak, Maple, Cypress, Willow trees, Bay trees and the grass plantings. C. Manager — Financial Statements Mr. Adams stated September 30' is the year -end and some of the monthly bills will normally come in the first couple of weeks of October and what you see in your statements is not representative of books being closed. As you will note the report was run on October V, however it does appear you will be within your budget and close to target on both the revenues and expenses. On MOTION by Mr. James seconded by Mr. Spitz wit all in favor the financial statements were approved. Supervisors Requests and Audience Comments Ms. Cunningham asked are they going to monitor the mitigation plantings for five - years? Mr. Lombardi responded yes. Ms. Cunningham asked is that part of S.F.W.M.D.? Mr. Hueniken responded yes. Ms. Cunningham stated we are getting a lot of comments from the residents asking what is going to happen when these trees grow and block the view. Mr. Hueniken stated prior to planting we meet with the Green's Committee and try to put the trees in the best location. Ms. Cunningham stated I was on that committee and we put those trees where we wanted and that did not happen. Mr. Hueniken stated then we have to get together with you again, because there is no requirement as to where they are along the lake as long as they are on the lake. Ms. Cunningham stated when it came down to it we had no say -so whatsoever. 7 October 14, 2002 Naples Heritage C.D Mr. Hueniken asked is there a plan that shows where the trees should have been? Ms. Cunningham responded U.S. Home has it. Mr. Hueniken stated I will look for it and take care of it. SIXTH ORDER, OF BUSINESS Adjournment IIOn MOTION by Mr. Spitz seconded by Mr. Hueniken with all in favor the meeting adjourned at 10:35 a.m. c� Gerald James Peter ombardi Assistant Secretary Chairman 1611 AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Naples Heritage Golf & Country Club Clubhouse October 14, 2002 8150 Heritage Club Way 9:00 A.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the August 12, 2002 Meeting 3. Consideration of Statewide Mutual Aid Agreement and Resolution 2003 -1 Approving Same 4. Staff Reports A. Attorney B. Engineer C. Manager — Financial Statements 5. Supervisors Requests and Audience Comments 6. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription cf meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication - - = Naples -Daily News- NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 58532835 NOTICE OF MEETINGNAP State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/07 AD SPACE: 64.000 INCH FILED ON: 10/07/02 Signature of Affiant J Sworn to and Subscribed b fo me day of 20Q Personally known by me• o N im Dcnne Chasn�y ray Corni"0 Dn C� tt s OS6�3E� `o.:- Expre3 ceF` >r'bP.r'i - iJS 1611 t t ' ATA—r t4'.) pan.- 1 �f http:// gis. collierappraiser .com/servleticom.esri.esrimap. 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H N N M M M M [I' dl 01 01 O1 O1 01 O1 O1 01 01 O1 O1 T m W W 1-1 1-4 1-4 H 'A 11 H H H H r-4 r-I H H H" .-..-4 ri rl rl M M u7 u7 N N to to ul in N in in Ul Ln Ln in Ln in to u1 Ln to u) u) a �n 7u) 000000000000000000000000 z G.. q 00 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 00 0 0 0 0 0 Em AGENDA NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT Monday Naples Heritage Golf & Country Club Clubhouse January 13, 2003 8150 Heritage Club Way 9:00 A.M. Naples, Florida 1. Roll Call 2. Approval of the Minutes of the October 14, 2002 Meeting 3. Staff Reports A. Attorney B. Engineer C. Manager — Financial Statements 4. Supervisors Requests and Audience Comments 5. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription cf meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News NAPLES HERITAGE COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 052512 58582808 NOTICE OF MEETINGNAP State of Florida County of Collier Before the undersigned authority, personalty appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper pubtished at Naples, in Collier County, Ftorida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for pubtiction in the said newspaper. PUBLISHED ON: 01/06 AD SPACE: 72.000 INCH FILED ON: 01/06/03 Signature of Affiant Sworn to and Subscribed bef t day of 20 .03 Personalty known by me �. 1611 R f0 C LL 3 R O N M d V LM z LU a O W W CL H M Z � O V R f0 C LL 3 R O N M d V M W O M N a' O Ln 1 OD i O O Ul N U) of N ro m .-I a Q F N O M vxi � wv U C 2 N RC a 'o a� O m .4 Si N $4 O W Q z U w wza H w Cw7 x N O U] 1� w ro p4 o zoo 0 0 0 0 M M r r ri u) 0 0 N N r- OOOOOOrn o000 o r rn 0 0 0 0 0 0 o rn o 0 0 0 o c . . . n o . . . . . . . . . . M O O O O O O k.0 . . . 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U) •• •• . . . . . . . . . . . . . . . . riNNMMMM 4 Dl O1 Ol O1 Dl 61 Ol D\ OI OI OI DI DI mm r-1 '-1 '-1 'i '-i r-1 r-1 .--1 'A ri .-i r-i .--i 'i 11 H H " 11 M M N N N N N N N N N N N N N N N N N N N N N N N a C q, r� a) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 z W q 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda 1611 Misc. Correspondence Agenda Date Agenda Item # ECEI EL.0 MAR 1 4 200 Board of ,.aaunr.,j Commissioners Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. 1. Pursuant to Florida Statutes Chapters 189 and 190, Pelican Marsh Community Development District, has submitted the following: (a) Audit FY02 (b) Management Letter Thank you �n lspeciallspecial �� Pefican Marsh Community Development District February 8, 2003 Clerk of the Circuit Court General Accounting Manager 2671 Airport Road, Court Plaza III P.O. Box 413016 Naples, Florida 34112 -3016 Attention: Mr. Derek Johnssen General Accounting Manager FIECEIVED FEB282W FINANCE I)EP" Subject: Pelican Marsh Community Development District Fiscal Year 2002 Annual Financial Report of Units of Local Government Dear Mr. Johnssen: Pursuant to Florida Statues, Section 218.32(1)(b), enclosed please find the following: 1. General Purpose Financial Statements September 30, 2002. 2. The Management Letter is a part of the Audited Financial Statements. 3. Local Government Annual Financial Report. If you have any questions or require any additional information, please contact me. Yours sincerely, PELICAN MARSH COMMUNITY DEVELOPMENT DISTRICT Randolph G. White Director of Financial Services Enclosures 210 N. University Drive, Suite 702 Coral Springs, FL 33071 Tel. (954) 753 -5841 Fax (954) 345 -1292 0 v v T 4. 0 m O N (D f0 O °o D fD N � y >v i �v C N CL o m - 3 u :' N t0 T Qm o� m � •J � i a I rn f 3 (D I t0 ID z � d I O i v m rD fD l I < I n y. M in 7 I M O i O. � C I Co n i � D � ry v < i M i N y' O NO � A � O In N C 1 v - d o ! 0: i To 1 O =- j O �v c v CD N, N m:03 c 3 o c o n C K c c C 3 7 n a = m a r g m c CL m i D o C fn .N. 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'T7 C C a m +n v � (n N 0 [O O (D 3 z '0 c O D 3 N W CS CD N fD � w O_ N N O N 1611 " GENERAL PURPOSE FINANCIAL STATEMENTS AND REPORTS OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS Pelican Marsh Community Development District September 30, 2002 word\ z:\data\amipro \fp \pelmarsh \fs02 & fs02 notes xl\z: \dada \123 \fp\pelmarsh\fs02 CONTENTS 1611 Page REPORT OF INDEPENDENT CERTIFIED PUBLIC ACCOUNTANTS 1 GENERAL PURPOSE FINANCIAL STATEMENTS COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS 2 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND — CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES 4 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — AMENDED BUDGET (NON -GAAP BASIS) AND ACTUAL - GENERAL FUND 5 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE — AMENDED BUDGET (GAAP BASIS) AND ACTUAL — DEBT SERVICE FUND 6 STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE - PENSION TRUST FUND 7 NOTES TO FINANCIAL STATEMENTS 8 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS 19 AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45, FLORIDA STATUTES 22 r << Berger, Toombs, Elam ,4r & Frank Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 Report of Independent Certified Public Accountants To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida 161i We have audited the accompanying general purpose financial statements of Pelican Marsh Community Development District as of September 30, 2002 and for the year then ended as listed in the table of contents. These general purpose financial statements are the responsibility of Pelican Marsh Community Development District management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in _ the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Pelican Marsh Community Development District as of September 30, 2002, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated January 22, 2003, on our consideration of Pelican Marsh Community Development District's internal control over financial reporting and on our tests of its compliance with certain provisions of laws, regulations and contracts. That report is an integral part of an audit performed in accordance with Government Auditing Standards and should be read in conjunction with this report in considering the results of our audit. 4ftw 46-0� Fort Pierce, Florida January 22, 2003 Fort Pierce / Stuart Member AICPA Member AICPA Division For CPA Firms Member FICPA Private Companies Practice Section Pelican Marsh Community Development District COMBINED BALANCE SHEET - ALL FUND TYPES AND ACCOUNT GROUPS September 30, 2002 ASSETS Cash Investments, at fair value Interest receivable Due from other governments Due from other funds Restricted assets: Investments, at fair value Interest receivable Deposits Fixed assets Amount available in debt service funds Amount to be provided Total assets LIABILITIES, EQUITYAND OTHER CREDITS LIABILITIES Accounts payable and accrued expenses Contracts payable Due to other funds Bonds payable Compensated absences Capital leases payable Total liabilities EQUITY AND OTHER CREDITS Investment in general fixed assets Fund balances Reserved for debt service Reserved for capital projects Reserved for employee retirement Designated for replacement reserves Unreserved and undesignated Total equity and other credits Total liabilities, equity and other credits Governmental Fund Types 1611 Debt Capital General Service Projects $ 1,268 $ - $ - 669,987 - - 726 - - 32,896 - 2,155 2,250 4,657 - 7,296,583 12,623,510 6,407 12,079 90 - - $ 707,217 $ 7,307,647 $ 12,637,744 $ 83,015 $ - $ 4,657 - 87,672 - 7,307,647 526,634 2,250 528,884 12,108,860 20,950 - - 598,595 - - 619,545 7,307,647 12,108,860 $ 707,217 $ 7,307,647 $ 12,637,744 The accompanying notes are an integral part of this statement. 2 Fiduciary Account Groups Fund Type General General Totals Pension Fixed Long -term (Memorandum Trust Assets Debt Only) $ - $ - $ - $ 1,268 - - - 669,987 - - - 726 - - - 35,051 - - - 6,907 101,416 - - 20,021,509 - - - 18,486 - - - 90 - 41,308,000 - 41,308,000 - - 7,307,647 7,307,647 - - 42,943,218 42,943,218 $ 101,416 $ 41,308,000 $ 50,250,865 $ 112,312,889 $ - $ 83,015 526,634 6,907 50,140,000 50,140,000 64,741 64,741 _ 46,124 46,124 50,250,865 50,867,421 41,308,000 - 41,308,000 - 7,307,647 - 12,108,860 101,416 - - 101,416 - 20,950 598,595 101,416 41,308,000 - 61,445,468 $ 101,416 $ 41,308,000 $ 50,250,865 $ 112,312,889 3 Pelican Marsh Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCES - ALL GOVERNMENTAL FUND TYPES Year ended September 30, 2002 Revenues Non ad- valorem assessments Prepaid assessments Developer contributions Investment earnings Other revenue Total revenues Expenditures Current General government Public safety Physical environment Transportation Capital outlay Debt service Principal Interest Other charges Total expenditures Excess (deficiency) of revenues over expenditures before other financing sources and uses Other financing sources and uses Operating transfers in Operating transfers out Proceeds from capital lease Total other financing sources Excess (deficiency) of revenues and other financing sources over expenditures Fund balances - October 1, 2001 Fund balances - September 30, 2002 1611 Governmental Fund Types Totals Debt Capital (Memorandum General Service Projects Only) $ 2,623,700 $ 2,626,327 $ - $ 5,250,027 - 2,054,101 - 2,054,101 - 1,110,561 - 1,110,561 17,570 85,717 197,311 300,598 30,161 - - 30,161 2,671,431 5,876,706 197,311 8,745,448 248,693 - - 248,693 673,569 - - 673,569 1,528,648 - - 1,528,648 22,400 - - 22,400 19,933 - 2,119,377 2,139,310 60,310 4,985,000 - 5,045,310 4,710 3,586,639 - 3,591,349 - 121,056 - 121,056 2,558,263 8,692,695 2,119,377 13,370,335 113,168 (2,815,989) (1,922,066) (4,624,887) - - 24,002 24,002 - (24,002) - (24,002) 14,190 - - 14,190 14,190 (24,002) 24,002 14,190 127,358 (2,839,991) (1,898,064) (4,610,697) 492,187 10,147,638 14,006,924 24,646,749 $ 619,545 $ 7,307,647 $ 12,108,860 $ 20,036,052 The accompanying notes are an integral part of this statement. 4 Pelican Marsh Community Development District COMBINED STATEMENT OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND Year ended September 30, 2002 Revenues Non ad- valorem assessments Investment earnings Other revenue Total revenues Expenditures "- Current General government Public safety Physical environment Transportation Capital outlay Debt service Principal Interest Total expenditures Excess of revenues over expenditures before other financing sources Other financing sources Proceeds from capital lease Total other financing sources Excess of revenues and other financing sources over expenditures Fund balance - October 1, 2001 Fund balance - September 30, 2002 General Fund Type 1611 Variance Favorable Budget Actual (Unfavorable) $ 2,613,739 $ 2,623,700 $ 9,961 53,000 17,570 (35,430) 50,000 30,161 (19,839) 2,716,739 2,671,431 (45,308) 301,502 248,693 52,809 746,817 673,569 73,248 1,619,770 1,528,648 91,122 29,550 22,400 7,150 19,100 19,933 (833) - 60,310 (60,310) - 4,710 (4,710) 2,716,739 2,558,263 158,476 113,168 113,168 14,190 14,190 14,190 14,190 127,358 $ 127,358 492,187 $ 619,545 The accompanying notes are an integral part of this statement. 5 The accompanying notes are an integral part of this statement. 6 - Pelican Marsh Community Development District 1611 COMBINED STATEMENT OF REVENUES, EXPENDITURES AND CHANGES IN FUND BALANCE - AMENDED BUDGET (GAAP BASIS) AND ACTUAL - DEBT SERVICE FUND Year ended September 30, 2002 Debt Service Fund Type Variance Favorable Budget Actual (Unfavorable) Revenues Non ad- valorem assessments $ 2,626,327 $ 2,626,327 $ - Prepaid assessments 2,054,101 2,054,101 - Developer contributions 1,110,561 1,110,561 - v_ Investment earnings 85,717 85,717 - Total revenues 5,876,706 5,876,706 - Expenditures Debt service Principal 4,985,000 4,985,000 - Interest ' 3,586,639 3,586,639 - Other charges 121,056 121,056 - Total expenditures 8,692,695 8,692,695 - Deficiency of revenues over expenditures before other financing uses (2,815,989) (2,815,989) - Other financing uses Operating transfers out (24,002) (24,002) - Total other financing uses (24,002) (24,002) - Deficiency of revenues over expenditures and other financing uses (2,839,991) (2,839,991) - Fund balance - October 1, 2001 10,147,638 10,147,638 - Fund balance - September 30, 2002 $ 7,307,647 $ 7,307,647 $ - The accompanying notes are an integral part of this statement. 6 Pelican Marsh Community Development District STATEMENT OF REVENUES, EXPENSES AND CHANGES IN FUND BALANCE - PENSION TRUST FUND Year ended September 30, 2002 Operating revenues Investment earnings Contributions Total operating revenues Benefit payments NET INCOME Fund balance, beginning of year Fund balance, end of year The accompanying notes are an integral part of this statement. $ 345 24,109 24,454 443 24,011 77,405 $ 101,416 7 Pelican Marsh Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 w NOTE A - SUMMARY OF ACCOUNTING POLICIES A summary of the significant accounting policies consistently applied in the preparation of the accompanying financial statements follows: General Information -_ The District was created on November 23, 1993, pursuant to the Uniform Community Development District Act of 1980, Chapter 190, Florida Statutes, as amended (the "Act "), as a Community Development District. The District was established for the purposes of financing and managing the acquisition, construction, maintenance and operation of the infrastructure necessary for community development within its jurisdiction. The District is authorized to issue bonds for the purpose, among others, of financing, funding, planning, establishing, acquiring, constructing or re- constructing, enlarging or extending, equipping, -- operating and maintaining water management, water supply, sewer and waste water management, bridges or culverts, district roads, landscaping, street lights and other basic infrastructure projects within or without the boundaries of the Pelican Marsh Community Development District. The District is governed by a five - member Board of Supervisors, who are elected on a rotating basis for four year terms. The District operates within the criteria established by Chapter 190. The financial statements of the District have been prepared in conformity with generally accepted accounting principles (GAAP) as applied to governmental units. The Governmental Accounting Standards Board (GASB) is the accepted standard - setting body - for establishing governmental accounting and financial reporting principles. The District's more significant accounting policies are described below. Reporting Entity As required by GAAP, these financial statements present the Pelican Marsh Community Development District (the primary government) as a stand -alone government. The reporting entity for the District includes all functions of government in which the District's Board of Supervisors exercises oversight responsibility. Oversight responsibility includes, but is not limited to, financial interdependency, selection of governing authority, designation of _._ management, significant ability to influence operations and accountability for fiscal matters. Based upon the application of the above - mentioned criteria as set forth in Governmental Accounting Standards Board Statement Number 14, The Financial Reporting Entity, the District has identified no component units. Fund Accounting The District maintains its financial records and accounts in accordance with the principles of fund accounting, whereby resources for various purposes are classified for accounting and reporting purposes into funds that are in accordance with activities or objectives specified. Separate accounts are maintained for each fund; however, in the general purpose financial statements, funds that have similar characteristics are combined into fund types. The fund types and account groups used by the District are as follows: E-*3 1611 Marsh Community Development District Pelican M tY NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A — SUMMARY OF ACCOUNTING POLICIES (CONTINUED) 1. Governmental Fund Types: a. General Fund - Used to account for the operations and maintenance of the District, capital overhead, and all other financial activity not accounted for in other funds. b. Debt Service - Used to account for the accumulation of resources for, and the payment of, general long -term debt principal and interest. c. Capital Projects - Used to account for financial resources to be used for the - acquisition or construction of major capital facilities which are not financed by proprietary funds. — 2. Fiduciary Fund Type: a. Pension Trust Fund — The Pension Trust Fund accounts for assets held in a trustee capacity. 3. Account Groups: a. General Fixed Assets Account Group - Used to account for fixed assets, including land and buildings, infrastructure and maintenance equipment used in governmental funds. b. General Long -Term Debt - Used to account for all unmatured principal of bonds and long -term liabilities of the District. Total columns on the general - purpose statements are captioned "memorandum only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with generally accepted accounting principles. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. Basis of Accounting and Measurement Focus Basis of accounting is used to describe when revenues and expenditures or expenses are recognized in the accounts and reported in the financial statements. The basis of accounting relates to the timing of measurements made, regardless of the measurement focus applied. All governmental funds are accounted for using the modified accrual basis of accounting. Their revenues are recognized when they become measurable and available as net current assets. Special assessment income, late charges and intergovernmental revenues are recorded as revenue when earned where liability has been established and collectibility is assured, or losses can be reasonably estimated. Interest income is accrued when receivable within 60 — days after year -end. 1 Pelican Marsh Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A — SUMMARY OF ACCOUNTING POLICIES (CONTINUED) Basis of Accountinq and Measurement Focus (Continued Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. An exception to this general rule is that principal and interest on general long -term debt are recognized when due. The accounting and reporting treatment applied to fixed assets and long -term liabilities associated with a fund is determined by its measurement focus. All governmental funds are accounted for on a spending or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on their balance sheets. Their reported fund balance (net current assets) is considered a measure of "available spendable resources ". Governmental fund operating statements present increases (revenues and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Accordingly, they are provided to present a summary of sources and uses of "available spendable resources" during a period. The Pension Trust Fund is accounted for on a "capital maintenance" measurement focus. Accordingly, all assets and liabilities are included on its balance sheet, and the reported fund equities (total reported assets less total reported liabilities) provide an indication of the economic net worth of the fund. The operating statement for the Pension Trust Fund reports increases (revenues) and decreases (expenses) in total economic net worth. Budaets and Budoetary Accountin The annual budget is adopted for the General Fund and Debt Service Fund and approved by the Board of Supervisors. The budget amounts presented in the accompanying financial statements are as originally adopted, unless subsequently amended, by the District's Board of Supervisors. Budgets are adopted on a basis consistent with generally accepted accounting principles. Budgetary control is established by the District through appropriated budgets for the General and Debt Service funds. These budgets are financial plans approved in the manner authorized by law. Appropriations lapse at year -end. Encumbrances The District does not utilize encumbrance accounting. General Fixed Assets Fixed assets used in governmental fund type operations are accounted for in the General Fixed Assets Account Group, rather than in governmental funds. Public domain ( "infrastructure ") general fixed assets including roads, bridges, curbs and gutters, streets and sidewalks, drainage systems and lighting systems are capitalized along with other general fixed assets. No depreciation has been provided on such assets. iul Pelican Marsh Community Development District 1611 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE A — SUMMARY OF ACCOUNTING POLICIES (CONTINUED) General Fixed Assets (Continued) All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated assets are valued at their estimated fair value on the date donated. Investments Investments are stated at their fair value. Special Assessments The District's special assessment revenue (non ad- valorem) is levied through Collier - County based on the approved budget submitted to the County by the District on or before September 15 of each tax year. The assessment is included in the County's property tax levy which begins each November 1 and is due on or before March 31. NOTE B - CASH AND INVESTMENTS Cash includes amounts in demand deposits as well as interest bearing savings accounts. Deposits -- Florida Statutes require state and local governmental units to deposit monies with financial institutions classified as "Qualified Public Depositories," a multiple financial institution pool whereby groups of securities pledged by the various financial institutions provide common y_ collateral from their deposits of public funds. This pool is provided as additional insurance to the federal depository insurance and allows for additional assessments against the member institutions, providing full insurance for public deposits. The District had deposits only with qualifying institutions as of September 30, 2002, or with banks in which depository insurance was sufficient to cover the deposit balance. The District is authorized to invest in those financial instruments as established by Florida Statute 218.345. The authorized investments consist of: 1. Negotiable direct or indirect obligations which are secured by the United States Government; 2. The Local Government Surplus Funds Trust as created by Florida Statute 218.045; 3. Interest bearing time deposits or savings accounts in authorized financial -- institutions; 4. Obligations guaranteed by the Government National Mortgage Association or similarly structured and secured associations or corporations. Cash and investments at September 30, 2002 consist of: Cash Demand deposit and savings accounts $1,268 Insured funds $1,268 11 a Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE B — CASH AND INVESTMENTS (CONTINUED) Deposits (Continued) 1611 "' The District's investments are categorized as follows to provide an indication of the level of risk assumed by the entity at year -end. Category 1 includes investments that are insured or registered, or securities held by the District or its agents in the District's name. Category 2 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department in the District's name. Category 3 includes uninsured and unregistered investments for which the securities are held by the counterparty's trust department but not in the District's name. - Category Fair 1 2 3 Value Money Market Treasury Funds 20,691,496 $20,691,496 The types of deposits and investments and their level of risk exposure as of September 30, 2002 were typical of these items during the fiscal year then ended. The District considers any decline in fair value for certain investments to be temporary. In addition, the District has the ability to hold investments to maturity that have fair values less than cost. The District's investments are recorded at fair value. The investments in the Money Market Treasury Funds are not categorized because they are not evidenced by securities that exist - in physical or book entry form. NOTE C - CHANGES IN FIXED ASSETS General Fixed Assets The following is a summary of changes in the general fixed assets account group for the year ended September 30, 2002: Balance Balance 10/01/01 Additions Deletions 9/30/02 Land improvements $ 18,602,230 $ 571,877 $ - $19,174,107 Machinery and equipment 434,425 19,933 - 454,358 Construction in progress 20,132,035 1,547,500 - 21,679,535 $39,168,690 $ 2,139,310 $ - $41,308,000 Machinery and equipment includes approximately $320,000 capitalized under capital leases. 12 13 1( Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE D - LONG -TERM DEBT The following is a summary of activity in the general long -term debt account group of the District for the year ended September 30, 2002: Long -term debt at October 1, 2001 $55,265,112 Lease proceeds 14,190 Principal retirement (5,045,310) Increase in accrued compensated absences 16.873 Long -term debt at September 30, 2002 $50,250,865 Outstanding Balance Special Assessment Revenue Bonds Special Assessment Revenue Refunding Bonds, Series 1997A interest at 5.00% to 5.50°/x, maturing May 1, 2016 $ 8,785,000 Special Assessment Revenue Bonds, Series 1997C, interest at 7.00 %, maturing May 1, 2019 12,325,000 Special Assessment Revenue Bonds, Series 1997D, interest at 6.95 %, maturing May 1, 2019 4,895,000 Special Assessment Revenue Bonds, Series 2000A, interest at 7.1 to 7.2 %, maturing May 1, 2031 10,395,000 Special Assessment Revenue Bonds, Series 20008, interest at 6.9 %, maturing May 1, 2011 13,740,000 Capital Lease Obligations Capital lease obligation collateralized by a vehicle, interest at 6.6 %, maturing January 2005, monthly payments of $332 including interest 12,123 Capital lease obligation collateralized by equipment, interest at 6.9 %, maturing October 2004, monthly payments of $320 including interest 7,386 - Capital lease obligation collateralized by equipment, interest at 6.5 %, maturing October 2005, monthly payments of $900 including interest 24,372 _ Capital lease obligation collateralized by a vehicle, interest at 7.6 %, maturing February 2003, monthly payments of $579 including interest 652 13 14 Pelican Marsh Community Development District 161 NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE D — LONG -TERM DEBT (CONTINUED) Outstanding Balance Capital lease obligation collateralized by equipment, interest at 5.35 %, maturing November 2002, monthly payments of $803 including interest $ 1,591 Compensated Absences Noncurrent portion of compensated absences. Employees of the District are entitled to paid annual personal leave, based on - length of service. 64.741 Total general long -term debt $50,250,865 The annual requirements to amortize the principal and interest of bonded debt outstanding as of September 30, 2002 are as follows: Year ending September 30, Principal Interest Total 2003 $ 1,240,000 $ 3,375,398 $ 4,615,398 2004 1,320,000 3,297,718 4,617,718 2005 1,410,000 3,214,888 4,624,888 2006 1,500,000 3,126,286 4,626,286 2007 1,595,000 3,031,924 4,626,924 Thereafter 43,075,000 22,821,212 65,896,212 - Total $50,140,000 $38,867,426 $ 89,007,426 The annual requirements to amortize capital lease obligations, including interest, _. outstanding as of September 30, 2002 are as follows: Year ending September 30, Principal Interest Total 2003 $ 18,406 $ 2,426 $ 20,832 2004 17,326 1,297 18,623 2005 8,655 415 9,070 2006 1,737 90 1,827 2007 M Total $ 46,124 $ 4,228 $ 50,352 14 1611 Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE D — LONG -TERM DEBT (CONTINUED) Summary of Significant Bonds Resolution Terms and Covenants SPECIAL ASSESSMENT REVENUE BONDS, SERIES 1997 AND 2000 Depository Funds - The bond resolution establishes certain funds and determines the order in which revenues are to be deposited into these funds. A description of the significant _ funds, including their purposes, is as follows: The 1997 -1 Reserve Account is funded from the proceeds of the Series 1997A Bonds in an amount equal to $746,692. The 1997 -2 Reserve Account is funded from the proceeds of _ the Series 1997C Bonds in an amount equal to $1,242,000 and from the 1997D Bonds in an amount equal to 475,000. The 2000A and B Reserve Accounts are funded from the proceeds of the Series 2000 Bonds in an amount equal to $883,346 and $1,036,545 for the 2000 Series A and B, respectively. Monies held in the reserve accounts will be used only for the purposes established in the Trust Indenture. Required reserve deposits at September 30, 2002: Series 1997 and 2000 $4,383,583 At September 30, 2002, the reserve account balances are sufficient to satisfy the bond resolution requirements. 2. Revenue Fund - The District shall promptly deposit Assessment Revenues with the Trustee immediately upon receipt and subsequently applied to the appropriate funds and accounts. The Special Assessment Revenue Refunding Bonds, Series 1997 A and B, collectively referred to as the "Series 1997 -1 Bonds," and the Special Assessment Revenue Bonds, Series 1997 C and D, collectively referred to as the "Series 1997 -2 Bonds" were issued on -- August 29, 1997. The proceeds of the Series 1997 -1 Bonds were used to (i) refund the Special Assessment Revenue Bonds, Series 1994 A and B; (ii) finance the remainder of the project begun with the Series 1994 Bonds; (iii) pay certain costs of issuance and establish a reserve account for the Series 1997 -1 Bonds; and (iv) pay a portion of the future interest on the Series 1997 -1 Bonds. The proceeds of the Series 1997 -2 Bonds are being used for the purpose of (1) financing capital improvements, including drainage, irrigation and infrastructure; (ii) pay certain costs of issuance and establish reserve accounts for the Series 1997 -2 Bonds; and (iii) pay a portion of the future interest on the Series 1997 -2 Bonds. The Special Assessment Revenue Bonds, Series 2000 were issued on July 1, 2000. The proceeds of the Series 2000 Bonds were used to (i) finance the cost of acquiring, constructing, and equipping assessable improvements, (ii) pay certain costs associated with issuing the Series 2000 Bonds, (iii) making a deposit into the Series 2000 Reserve Accounts, and (iv) pay a portion of the interest on the Series 2000 Bonds. 15 161 MAP -" Pelican Marsh Community Development District NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE D — LONG -TERM DEBT (CONTINUED) The refunding of the Series 1994 Bonds reduced the District's aggregate debt service payments by approximately $9,500,000 over the next 20 years and attained an economic gain, which is the difference between the present values of the old and new debt service payments, of approximately $2,700,000. Payment of principal and interest on the outstanding bonds is collateralized by special assessments. The Series 1997 -1 and 1997 -2 Bonds are subject to redemption at the option of the District on or after May 1, 2007 and May 1, 2004, respectively, in whole or in part any time or in F_ part on any interest payment date at the redemption price stated below, plus accrued interest. The District may also instruct the Trustee to purchase 1997 -1 and 1997 -2 Bonds at any time at the most advantageous price, which may not exceed par. Redemption Periods Redemption Premium May 1, 2007 through April 30, 2008 102% May 1, 2008 through April 30, 2009 101% May 1, 2009 and thereafter 100% The Series 2000A Bonds are subject to redemption at the option of the District on or after May 1, 2010, in whole or in part any time or in part on any interest payment date at the - redemption price stated below, plus accrued interest. The District may also instruct the Trustee to purchase 2000A Bonds at any time at the most advantageous price, which may not exceed par. Redemption Periods Redemption Premium May 1, 2010 through April 30, 2011 102% — May 1, 2011 through April 30, 2012 101% May 1, 2012 and thereafter 100% The 1997 - 1,1997 -2 and 2000 Bond resolutions establish certain restrictive covenants. The District complied in all material respects with these covenants for the year ended September 30, 2002. NOTE E - ECONOMIC DEPENDENCY AND RELATED PARTIES The District has an ongoing agreement with a management company to perform management advisory services, which includes financial advisory services. One of the management company's employees serves as an officer of the District. Under the agreement, the District compensates the management company for management, accounting, financial reporting, computer and other administrative services. During the year ended September 30, 2002, the District paid approximately $50,000 to this management company for these services. 16 Pelican Marsh Community Development District 161" NOTES TO FINANCIAL STATEMENTS September 30, 2002 NOTE E — ECONOMIC DEPENDENCY AND RELATED PARTIES (CONTINUED) In accordance with the master bond indenture, the District paid the Developer $2,119,377 from prior year bond proceeds during the year for the actual costs of improvements to the District infrastructure. In addition, the Developer reimburses the District for all prepaid special assessments collected when lots or units are sold. For the year ended September 30, 2002, the — Developer remitted $2,054,101 of prepaid special assessments to the District. A material portion of the District's activity is dependent upon the continued involvement of the primary developer, the loss of which could have a materially adverse effect on the District. NOTE F- RISK MANAGEMENT The government is exposed to various risks of loss related to torts; theft of, damage to and destruction of assets; errors and omissions; and natural disasters for which the government carries commercial insurance. NOTE G - ACCOUNTING ESTIMATES The preparation of financial statements in conformity with generally accepted accounting principles requires management to make estimates and assumptions that affect the reported amounts of assets and liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenses during the reporting period. Actual results could differ from the estimates. NOTE H — EMPLOYEE BENEFIT PLAN The District established a defined contribution pension plan (the "Plan ") in Fiscal Year 1996. The Plan, which is available to all District employees upon completion of one year of service, provides that the District will contribute 6% of an employee's annual salary, and the employee has the ability to contribute an additional 4 %. Vesting occurs 20% per year after one year of service. Forfeitures are used to reduce the District's contribution. At - September 30, 2002, there were 22 participants in the Plan. The total payroll for employees covered by the Plan for the year ended September 30, 2001 was $432,367; the District's total payroll was $566,779 for the same period. The District contributed cash of $25,941 for the Fiscal Year ended September 30, 2002. NOTE 1— OPERATING LEASES The District leases equipment under operating leases expiring in various months in 2002. Rental expense under such leases was approximately $20,000 for the year ended September 30, 2002. 17 161�W REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Pelican Marsh Community Development District September 30, 2002 18 c << Berger, Toombs, Elam -c} & Frank Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 1611 REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida We have audited the general purpose financial statements of Pelican Marsh Community Development District as of and for the year ended September 30, 2002, and have issued our report thereon dated January 22, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Pelican Marsh Community Development District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. Internal Control Over Financial Reporting In planning and performing our audit, we considered Pelican Marsh Community Development District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. Member AICPA Fort Pierce / Stuart Member AICPA Division For CPA Firms Private Companies Practice Section Member FCPA 19 c Berger, Toombs, Elam ' & Frank 1 To the Board of Supervisors Pelican Marsh Community Development District A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we consider to be material weaknesses. This report is intended solely for the information and use of the board of supervisors, management, federal awarding agencies and pass- through entities and is not intended to be and should not be used by anyone other than those specified parties. Fort Pierce, Florida January 22, 2003 20 AUDITORS' MANAGEMENT LETTER REQUIRED BY CHAPTER 11.45 FLORIDA STATUTES Pelican Marsh Community Development District September 30, 2002 1611 21 CDr Berger, Toombs, Elam -�} & Frank Certified Public Accountants Chartered SunTrust Bank Building Suite 300 111 Orange Avenue Fort Pierce, Florida 34950 772/461 -6120 FAX: 772/468 -9278 Report of Independent Certified Public Accountants To the Board of Supervisors Pelican Marsh Community Development District Naples, Florida 1611 We have audited the general purpose financial statements of the Pelican Marsh Community Development District (the District) for the year ended September 30, 2002, and have issued our report thereon dated January 22, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govemment Auditing Standards, issued by the Comptroller General of the United States. Additionally, our audit was conducted in accordance with the provisions of Chapter 10.550, Rules of the Auditor General, which govern the conduct of local governmental entity audits performed in the State of Florida and require that certain items be addressed in this letter. In connection with our audit, we have made a study of the District's internal control and — administrative control procedures that we considered relevant to the criteria established by the Office of the Auditor General as set forth in Rules of the Auditor General Chapter 10.550, "Local Governmental Entity Audits." We have issued our Report of Independent Certified Public Accountants on Internal Control and on Compliance with Laws, Regulations and Contracts dated January 22, 2003. Disclosures in this report, if any should be considered in conjunction with this management letter. The Rules of the Auditor General (Section 10.554(1)(g)1.) require that we comment as to whether or not inaccuracies, shortages, defalcations, fraud and violations of laws, rules, regulations and contractual provisions reported in the preceding annual financial audit report — have been corrected. There were no inaccuracies, shortages, defalcations, fraud and violations of laws, rules, regulations and contractual provisions disclosed in the preceding annual financial audit. The Rules of the Auditor General (Section 10.554(1)(g)1.) require that we comment as to whether or not recommendations made in the preceding annual financial audit report have been followed. All recommendations and other comments from the preceding annual financial audit have been properly addressed. As required by the Rules of the Auditor General (Section 10.554(1)(g)6.), the scope of our audit included a review of the provisions of Section 218.503(1), Florida Statutes, — "Determination of Financial Emergency ". In connection with the results of our audit, Pelican Marsh Community Development District is not in a state of financial emergency as a consequence of the conditions described in Section 218.503(1), Florida Statutes. Member AICPA Fort Pierce / Stuart Member AICPA Division For CPA Firms Private Companies Practice Section Member FICPA 22 1611 cccc Berger, Toombs, Elam Sc & Frank To the Board of Supervisors Pelican Marsh Community Development District As required by the Rules of the Auditor General we applied financial condition assessment procedures pursuant to Rule 10.556(8). There were no deteriorating financial conditions noted. As required by the Rules of the Auditor General (Section 10.554(1)(g)6.), we determined that the annual financial report for the District for the fiscal year ended September 30, 2002, was filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, and is in agreement with the annual financial audit report for the fiscal year ended September 30, 2002. As required by the Rules of the Auditor General (Section 10.554 (1)(g)2.), the scope of our audit included a review of the provisions of Section 218.415., Florida Statutes, regarding the investment of public funds. In connection with our audit, we determined that Pelican Marsh Community Development District complied with Section 218.415, Florida Statutes. The Rules of the Auditor General (Sections 10.554(1)(g)3.,4.) require disclosure in the management letter of the following matters if not already addressed in the auditors' report on the internal control and compliance: recommendations to improve financial management, -- accounting procedures, and internal controls; violations of laws, rules, and regulations which may or may not materially affect the financial statements; illegal or improper expenditures which may or may not materially affect the financial statements; improper or inadequate accounting procedures; failures to properly record financial transactions; and other inaccuracies, irregularities, shortages, and defalcations discovered by the auditor. Our audit disclosed the following matters required to be disclosed by Rules of Auditor General (Sections 10.554(1)(g)3.,4.): Internal control matters and violations of laws, rules and regulations discovered within the scope of the financial and compliance audit which may or may not materially affect the financial statements are addressed in our report on internal control and compliance with laws and regulations, dated January 22, 2003. There were no illegal or improper expenditures discovered within the scope of the financial audit. The District was created November 23, 1993, pursuant to Rule 42P -1.001 of the Florida Administrative Code, rules and regulations of the Land and Water Adjudicatory Commission which conforms with the process contained in Chapter 190 of the Florida Statutes. The District was established to provide for the ownership, operation and maintenance of certain community -wide infrastructure. This report is intended solely for the use of management and the Auditor General of the State of Florida, and should not be used for any other purpose. Fort Pierce, Florida January 22, 2003 23 MEMORANDUM TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department 1611 Misc. Correspondence Agenda Date Agenda Item # MAR ° 4 200 DATE: March 19, 2003 ,un11 r ootrNi ,s ioner�s RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. CEDAR HAMMOCK COMMUNITY DFVFLOPMFNT DISTRI .T 1. Pursuant to Florida Statutes Chapters 189 and 190, Cedar Hammock Community Development District, has submitted the following: (a) Minutes of November 18, 2002 Meeting (b) Unaudited Financial Statements dated October 31, 2002 Thank you lspeciallspecial Cedar Hammock 16 Community Development District' 10300 N.W. 11th Manor • Coral Springs, Florida 33071 • Telephone: (954) 753 -0380 • February 24, 2003 Memorandum to: From: ATTN: LONNIE U.S. Home Corp. 3957 Sawgrass Run Naples, FL 34112 ATTN. JIM MUDD Collier County Manager Governmental Center 3301 East Tamiami Trail Admin. Bldg., 2ND Fl. Naples, FL 34112 SELF IV ED FEB 2 6 2MI, FINANCF- f)F-PT ATTN: JAMES L. MITCHELL Clerk of the Circuit Court Finance Dept. 2671 Airport Rd., Court Plaza III PO Box 413016 Naples, FL 34112 -3016 David Haughton, CPA Berger, Toombs, Elam & Frank 111 Orange Avenue, Ste 300 Fort Pierce, FL 34950 Moyer & Associates RE: Cedar Hammock Community Development District Minutes of November 18, 2002 Meeting Enclosed for your record is a copy of the above - reference minutes for the Cedar Hammock Community Development Distict which are to be kept on file for public access. GLM/rbf Enc. MINUTES OF MEETING 161 CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT The regular meeting of the Board of Supervisors of the Cedar Hammock Community Development District was held on Monday, November 18, 2002 at 11:10 A.M. at the offices of Young, van Assenderp, Varnadoe & Anderson, 801 Laurel Oak Drive, Suite 300, Naples, Florida. Present and constituting a quorum were: Michael Hueniken John F. Stanley Frank Reynolds III Ronnie Searcy Also present were: Sam Kissinger Dan Cox Chairman Assistant Secretary Assistant Secretary Assistant Secretary Manager Attorney FIRST ORDER OF BUSINESS Roll Call Mr. Kissinger called the meeting to order and called the roll. SECOND ORDER OF BUSINESS Organizational Matters A. Oath of Office for Newly Elected Supervisors Mr. Kissinger stated at the landowners election Mr. Reynolds, Mr. Stanley and Mr. Searcy were elected to the Board. Mr. Kissinger, being a Notary Public of the State of Florida, administered the Oaths of Office to Mr. Stanley, Mr. Reynolds and Mr. Searcy. The signed oaths are attached hereto and made a part of the public record. B. Appointment of Supervisor to Fill the Unexpired Term of Office (11/2004) Mr. Hueniken stated we still have a position open that we need to appoint someone to. Mr. McCurdy's position goes until 2004. Since we do not have anyone in mind today to take the open seat, we should defer this until the next meeting. November 18, 2002 Cedar Hammock (1-6 C. Consideration of Resolution 2003 -1 Canvassing and Certifying the Results of the Landowners Election On MOTION by Mr. Reynolds seconded by Mr. Stanley with all in favor Resolution 2003 -1, Canvassing and Certifying the Results of the Landowners Election, was adopted. D. Election of Officers Mr. Kissinger stated Mr. Hueniken is currently Chairman, Mr. Stanley and Mr. Reynolds are Assistant Secretaries and Mr. Ward serves as Secretary and Treasurer. Mr. Searcy should also be named Assistant Secretary. You can do that and keep the same officer structure that you already have. Mr. Hueniken asked do we have a Vice Chairman? Mr. Kissinger responded no. Mr. Reynolds stated we might want to add one for circumstances if Mr. Hueniken is not here. Otherwise documents cannot get signed. Mr. Kissinger stated a motion is in order is for Mr. Hueniken to remain Chairman, Mr. Reynolds as Vice Chairman, Mr. Stanley and Mr. Searcy will be Assistant Secretaries and Mr. Ward is to remain Secretary/Treasurer. On MOTION by Mr. Hueniken seconded by Mr. Reynolds with all in favor Mr. Hueniken retained the position as Chairman, Mr. Reynolds was appointed Vice Chairman, Mr. Stanley and Mr. Searcy were appointed Assistant Secretaries and Mr. Ward retained the positions o iSecretary and Treasurer. THIRD ORDER OF BUSINESS Approval of Minutes of the August 12, 2002 Meeting Mr. Kissinger stated that each Board member received a copy of the minutes of the August 12, 2002 meeting and requested any additions, corrections or deletions. There not being any, On MOTION by Mr. Hueniken seconded by Mr. Stanley with all in favor the minutes of the August 12, 2002 meeting were approved. 2 November 18, 2002 FOURTH ORDER OF BUSINESS Cedar litl 7 ... Consideration of Statewide Mutual Aid Agreement and Resolution 2003 -2 Approving Same On MOTION by Mr. Reynolds seconded by Mr. Hueniken with all in favor Resolution 2003 -2, approving the Statewide Mutual Aid Agreement was adopted. FIFTH ORDER OF BUSINESS Staff Reports A. Attorney Mr. Cox stated the albatross of the mitigation parcel appears to be moving away from us and we may be able to actually close that by the end of the year. We had three or four state agencies working against each other and against us. DEP was unwilling to accept the property subject to the conservation easement that was put on it as a requirement of S.F.W.M.D. permits. S.F.W.M.D. was unwilling to release the property from the permits and forestry was unwilling to take the property subject to the permits. It ended up that forestry had fenced the property, put up signs and is leasing it to people who ride their horses around here. We sent them a letter explaining since they got it, they bought it. It is moving along quickly. B. Engineer There not being any, the next item followed. C. Manager - Financial Statements There not being any, the next item followed. SIXTH ORDER OF BUSINESS Supervisor's Requests and Audience Comments There not being any, the next item followed. SEVENTH ORDER OF BUSINESS Adjournment 11 IIOn MOTION by Mr. Reynolds seconded by Mr. Stanley with all in favor the meeting was adjourned at 11:22 a.m. F. Stanley Michael Hueniken tant Secretary Chairman 3 0 no AGENDA CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT Monday Young, van Assenderp Varnadoe & Anderson November 18, 2002 801 Laurel Oak Drive, Suite 300 11:00 a.m. Naples, Florida 1. Roll Call 2. Organizational Matters A. Oath of Office for Newly Elected Supervisors B. Appointment of Supervisor to Fill the Unexpired Term of Office (11/2004) C. Consideration of Resolution 2003 -1 Canvassing and Certifying the Results of the Landowners Election D. Election of Officers 3. Approval of the Minutes of the August 12, 2002 Meeting 4. Consideration of Statewide Mutual Aid Agreement and Resolution 2003 -2 Approving Same 5. Staff Reports A. Attorney B. Engineer C. Manager - Financial Statements 6. Supervisors Requests and Audience Comments 7. Adjournment NOTE TO ALL MEETING ATTENDEES: Please identify yourself each time you speak to facilitate transcription of meeting minutes. Thank you for your assistance. Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT 210 N UNIVERSITY DR #702 CORAL SPRINGS FL 33071 REFERENCE: 056685 58553598 NOTICE OFHEETINGCEDA State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 11/11 AD SPACE: 80.000 INCH FILED ON: 11111/02 Signature of Affiant Sworn to and Subscribed bpfqre hie t i 140ay of I 20_) c Personally known by mew tD �IYL� Elp Y 1611 Oath of Office I, John F. Stanley, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Cedar Hammock Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Cedar Hammock Community Development District, Collier County, Florida. I1 -I �- 52=� Date Sworn to (or affirmed) before me this 18th day of November, 2002 by John F. Stanley whose signature appears hereinabove. C Samuel Kissinger My Comn*ssion DD142408 a Expires August 15.2006 Notary Public State of Florida C: SdnIIe(- e Print Name My Commission expires Personally known or produced identification Type of identification Oath of Office I, Frank Reynolds III, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Cedar Hammock Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Cedar Hammock Community Development District, Collier County, Florid^ rank vnolds III N Sworn to (or affirmed) before me this 18th day of November, 2002 by Frank Reynolds III whose signature appears hereinabove. �A C Samuel Ki~ Notary P /"1&rb&a 0, ,- y,..K„J-r f/rs,� Print Name My Commission expires Personally known or produced identification Type of identification Oath of Office 1 I, Ronnie Searcy, a resident of the State of Florida and citizen of the United States of America, and being a Supervisor of the Cedar Hammock Community Development District and a recipient of public funds on behalf of the District, do hereby solemnly swear or affirm that I will support the Constitution of the United States and of the State of Florida, and will faithfully, honestly and impartially discharge the duties devolving upon me in the office of Supervisor of the Cedar Hammock Community Development District, Collier County, Florida. Ronnie Searcy //- l y—OL Date Sworn to (or affirmed) before me this 18th day of November, 2002 by Ronnie Searcy whose signature appears hereinabove. IQ SW%W +� &ft% WWWW142406 q EVi,,g gU9It 15.2008 Notary Public State of Florida 0. TA—( 16SSiw Gs+� Print Name My Commission expires Personally known or produced identification Type of identification 1b1- RESOLUTION 2003 -1 A RESOLUTION CANVASSING AND CERTIFYING THE RESULTS OF Tim LA OWNERS ELECTION OF SUPERVISORS HEIR PURSUANT TO SECTION 190.006(2), FLORIDA STATUTES WHEREAS, pursuant to Section 190.006(2), Florida Statute, a landowners meeting is required to be held within 90 days of the District's creation and every two years following the creation of a Community Development District for the purpose of electing three Supervisors to the Board of five Supervisors of the District; and WHEREAS, following proper publication of notice thereof, such landowners meeting was held November 5, 2002, at which the below recited persons were duly elected by virtue of the votes cast in their respective favor; and WHEREAS, the landowners by means of this Resolution desires to canvas the votes and declare and certify the results of said election; 1 I HVIJ ' :, M V M 1114 / X11 i 11 1 0 Ism S17'1 I I D! 041 A IT, 1 1 1 1 111 DkVJ I 1 DION 0 1 1. The following persons are found, certified, and declared to have been duly elected as Supervisors of and for the District, having been elected by the votes cast in their favor as shown, to wit: Frank Reynolds III 134 Votes John F. Stanley 134 Votes Ronnie Searcy 133 Votes 2. In accordance with said statute, and by virtue of the number of votes cast for the respective Supervisors, they are declared to have been elected for the following terms of office: Frank Reynolds III John F. Stanley four (4) year term four (4) year term Ronnie Searcy two (2) year term 1611 3. Said terms of office shall commence immediately upon the adoption of this ,Resolution. PASSED AND ADOPTED THIS, 18th DAY OF NOVEMBER, 2002. G% ,' C� Michael Hueniken Chairman Jaifnes P. Ward Secretary 161 "= RESOLUTION NO. 2003-2 A RESOLUTION OF THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, APPROVING THE FLORIDA STATEWIDE MUTUAL AID AGREEMENT; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the State Emergency Management Act, Chapter 252, Florida Statutes, authorizes the state and its political subdivisions to develop and enter into mutual aid agreements for reciprocal emergency aid and assistance in case of emergencies too extensive to be dealt with unassisted; and WHEREAS, on November 18, 2002, the Board of Supervisors of the Cedar Hammock Community Development District approved an agreement with the State of Florida, Division of Emergency Management, concerning the Statewide Mutual Aid Agreement; and WHEREAS, the Florida Department of Community Affairs requires an independent special district to participate in the Statewide Mutual Aid Agreement to be eligible for funds under Administrative Rule 9G -1 9, Base Funding for County Emergency Management Agencies and Municipal Competitive Grant and Loan Programs; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF SUPERVISORS OF THE CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, STATE OF FLORIDA, THAT: Section 1: The foregoing `WHEREAS' clauses are true and correct and are hereby ratified and confirmed by the Board of Supervisors. Section 2: That execution of the attached Statewide Mutual Aid Agreement is hereby authorized, and the Agreement is hereby approved. Section 3: This Resolution shall become effective immediately upon its passage and adoption. ADOPTED by the Board of Supervisors of the Cedar Hammock Community Development District, Collier County, Florida, this 18th day of November 2002. Jamej P. Ward Secretary Approved as to Legal sufficiency: District Cou sel BOARD OF SUPERVISORS CEDAR HAMMOCK COMMUNITY DEVELOPMENT DISTRICT, FLORIDA Michael Hueniken Chairman M Ano %* July 31, 2000 t 19 4% STATEWIDE MUTUAL AID AGREEMENT This Agreement between the DEPARTMENT OF COMMUNITY AFFAIRS,.State of Florida (the "Department "), and all the local governments signing this Agreement (the "Participating Par- ties ") is based on the existence of the following conditions: A. The State of Florida is vulnerable to a wide range of disasters that are likely to cause the disruption of essential services and the destruction of the infrastructure needed to deliver those services. B. Such disasters are likely to exceed the capability of any one local government to cope with the disaster with existing resources. C. Such disasters may also give rise to unusual technical needs that the local government may be unable to meet with existing resources, but that other local governments may be able to offer. D. The Emergency Management Act, as amended, gives the local governments of the State the authority to make agreements for mutual assistance in emergencies, and through such agreements to ensure the timely reimbursement of costs incurred by the local governments which render such assistance. E. Under the Act the Department, through its Division of Emergency- .Management (the "Division "), has authority to coordinate assistance between local governments during emergencies and to concentrate available resources where needed. 1617 *0 %* July 31, 2000 t if 4wi V F. The existence in the State of Florida of special districts, educational districts, and other regional and local governmental entities with special functions may make additional resources available for use in emergencies. Based on the existence of the foregoing conditions, the parties agree to the following: ARTICLE I. Definitions. As used in this Agreement, the following expressions shall have the following meanings: A. The "Agreement" is this Agreement, which also may be called the Statewide Mutual Aid Agreement. B. The "Participating Parties" to this Agreement are the Department and any and all special districts, educational districts, and other local and regional governments signing this Agreement. C. The "Department" is the Department of Community Affairs, State of Florida. D. The "Division" is the Division of Emergency Management of the Department. E. The "Requesting Parties" to this Agreement are Participating Parties who request assistance in a disaster. F. The "Assisting Parties" to this Agreement are Participating Parties who render assistance in a disaster to a Requesting Party. 2 July 31, 2000 .400 %* t if 409i V G. The "State Emergency Operations Center" is the facility designated by the State Coordinating Officer for use as his or her headquarters during a disaster. H. The "Comprehensive Emergency Management Plan" is the biennial Plan issued by the Division in accordance with § 252.35(2)(a), Fla. Stat. (1999). I. The "State Coordinating Officer" is the official whom the Governor designates by Executive Order to act for the Governor in responding to a disaster, and to exercise the powers of the Governor in accordance with the Executive Order and the Comprehensive Emergency Management Plan. J. The "Period of Assistance" is the time during which any Assisting Party renders assistance to any Requesting Party in a disaster, and shall include both the time necessary for the resources and personnel of the Assisting Party to travel to the place specified by the Requesting Parry and the time necessary to return them to their place of origin or to the headquarters of the Assisting Party. K. A "special district" is any local or regional governmental entity which is an in- dependent special district within the meaning of § 189.403(1), Fla. Stat. (1999), regardless of whether established by local, special, or general act, or by rule, ordinance, resolution, or interlocal agreement. L. An "educational district" is any School District within the meaning of § 230.01, 3 1611 *0 % * July 31, 2000 t if *ri V Fla. Stat. (1999), or any Community College District within the meaning of § 240.313(1), Fla. Stat. (1999). M.. An "interlocal agreement" is any agreement between local governments within the meaning of § 163.01(3)(a), Fla. Stat. (1999). N. A "local government' is any educational district and any entity that is a "local governmental entity" within the meaning of § 11.45(1)(d), Fla. Stat. (1999). O. Any expressions not assigned definitions elsewhere in this Agreement shall have the definitions assigned them by the Emergency Management Act, as amended. ARTICLE II. Applicability of the Agreement. A Participating Party may request assistance under this Agreement only for a major or catastrophic disaster. If the Participating Party has no other mutual aid agreement that covers a minor disaster, it may also invoke assistance under this Agree- ment for a minor disaster. ARTICLE III. Invocation of the Agreement. In the event of a disaster or threatened disaster, a Participating Party may invoke assistance under this Agreement by requesting it from any other Participating Party or from the Department if, in the judgment of the Requesting Party, its own resources are inadequate to meet the disaster. A. Any request for assistance under this Agreement may be oral, but within five (5) days must be confirmed in writing by the Director of Emergency Management for the County 4 1611 Ano %* July 31, 2000 t 1V4ft of the Requesting Party, unless the State Emergency Operations Center has been activated in response to the disaster for which assistance is requested. B. All requests for assistance under this Agreement shall be transmitted by the Director of Emergency Management for the County of the Requesting Party to either the Di- vision or to another Participating Party. If the Requesting Party transmits its request for Assistance directly to a Participating Party other than the Department, the Requesting Party and Assisting Party shall keep the Division advised of their activities. C. If any requests for assistance under this Agreement are submitted to the Division, the Division shall relay the request to such other Participating Parties as it may deem ap- propriate, and shall coordinate the activities of the Assisting Parties so as to ensure timely assistance to the Requesting Party. All such activities shall be carried out in accordance with the Comprehensive Emergency Management Plan. D. Notwithstanding anything to the contrary elsewhere in this Agreement, nothing in this Agreement shall be construed to allocate liability for the costs of personnel, equip- ment, supplies, services and other resources that are staged by the Department or by other agencies of the State of Florida for use in responding to a disaster pending the assignment of such personnel, equipment, supplies, services and other resources to a mission. The docu- mentation, payment, repayment, and reimbursement of all such costs shall be rendered in 5 1611 *0 %* July 31, 2000 tu 49� V accordance with the Comprehensive Emergency Management Plan. ARTICLE IV. Responsibilities of Requesting Parties. To the extent practicable, all Re- questing Parties seeking assistance under this Agreement shall provide the following information to the Division and the other Participating Parties. In providing such information, the Requesting Party may use Form B attached to this Agreement, and the completion of Form B by the Requesting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the damage sustained or threatened; B. An identification of the specific Emergency Support Function or Functions for which such assistance is needed; C. A description of the specific type of assistance needed within each Emergency Support Function; D. A description of the types of personnel, equipment, services, and supplies needed for each specific type of assistance, with an estimate of the time each will be needed; E. A description of any public infrastructure for which assistance will be needed; F. A description of any sites or structures outside the territorial jurisdiction of the Requesting Party needed as centers to stage incoming personnel, equipment, supplies, services, or other resources; C *# %* July 31, 2000 1611 t14 - *9i V G. The place, date and time for personnel of the Requesting Party to meet and receive the personnel and equipment of the Assisting Parry; and H. A technical description of any communications or telecommunications equipment needed to ensure timely communications between the Requesting Party and any Assisting Parties. ARTICLE V. Responsibilities of Assisting Parties. Each Participating Party shall render assistance under this Agreement to any Requesting Party to the extent practicable given its personnel, equipment, resources and capabilities. If a Participating Party which has received a request for assistance under this Agreement determines that it has the capacity to render some or all of such assistance, it shall provide the following information to the Requesting Party and shall transmit it without delay to the Requesting Party and the Division. In providing such information, the Assisting Party may use Form C attached to this Agreement, and the completion of Form C by the Assisting Party shall be deemed sufficient to meet the requirements of this Article: A. A description of the personnel, equipment, supplies and services it has available, together with a description of the qualifications of any skilled personnel; B. An estimate of the time such personnel, equipment, supplies, and services will continue to be available; 7 1611 *0 %* July 31, 2000 t if *4i C. An estimate of the time it will take to deliver such personnel, equipment, supplies, and services at the date, time and place specified by the Requesting Party; D. A technical description of any communications and telecommunications equip- ment available for timely communications with the Requesting Party and other Assisting Parties; and E. The names of all personnel whom the Assisting Party designates as Supervisors. ARTICLE VI. Rendition ofAssistance. After the Assisting Party has delivered its personnel, equipment, supplies, services, or other resources to the place specified by the Requesting Party, the Requesting Parry shall give specific assignments to the Supervisors of the Assisting Party, who shall be responsible for directing the performance of these assignments. The Assisting Party shall have authority to direct the manner in which the assignments are performed. In the event of an emergency that affects the Assisting Party, all personnel, equipment, supplies, services and other resources of the Assisting Party shall be subject to recall by the Assisting Party upon not less than five (5) days notice or, if such notice is impracticable, as much notice as is practicable under the circumstances. A. For operations at the scene of catastrophic and major disasters, the Assisting Party shall to the fullest extent practicable give its personnel and other resources sufficient equip- ment and supplies to make them self - sufficient for food, shelter, and operations unless the Requesting Party has specified the contrary. For minor disasters, the Requesting Party shall 1'�' , 410 %* July 31, 2000 t if 401ri V be responsible to provide food and shelter for the personnel of the Assisting Party unless the Requesting Party has specified the contrary. In its request for assistance the Requesting Party may specify that Assisting Parties send only self - sufficient personnel or self - sufficient resources. B. Unless the Requesting Party has specified the contrary, the Requesting Party shall to the fullest extent practicable coordinate all communications between its personnel and those of any Assisting Parties, and shall determine all frequencies and other technical speci- fications for all communications and telecommunications equipment to be used. C. Personnel of the Assisting Party who render assistance under this Agreement shall receive their usual wages, salaries and other compensation, and shall have all the duties, re- sponsibilities, immunities, rights, interests and privileges incident to their usual employment. ARTICLE VII. Procedures for Reimbursement. Unless the Department or the Assisting Party, as the case may be, state the contrary in writing, the ultimate responsibility for the reim- bursement of costs incurred under this Agreement shall rest with the Requesting Party, subject to the following conditions and exceptions: A. The Department shall pay the costs incurred by -an Assisting Party in responding to a request that the Department initiates on its own, and not for another Requesting Party, upon being billed by that Assisting Party in accordance with this Agreement. 0 1611 *0 %* July 31, 2000 tt 401f B. An Assisting Party shall bill the Department or other Requesting Party as soon as practicable, but not later than thirty (30) days after the Period of Assistance has closed. Upon the request of any of the concerned Participating Parties, the State Coordinating Officer may extend this deadline for cause. C. If the Department or the Requesting Party, as the case may be, protests any bill or item on a bill from an Assisting Party, it shall do so in writing as soon as practicable, but in no event later than thirty (30) days after the bill is received. Failure to protest any bill or billed item in writing within thirty (30) days shall constitute agreement to the bill and the items on the bill. D. If the Department protests any bill or item on a bill from an Assisting Party, the Assisting Party shall have thirty (30) days from the date of protest to present the bill or item to the original Requesting Party for payment, subject to any protest by the Requesting Party. E. If the Assisting Party cannot agree with the Department or the Requesting Party, as the case may be, to the settlement of any protested bill or billed item, the Department, the Assisting Party, or the Requesting Party may elect binding arbitration to determine its liabil- ity for the protested bill or billed item in accordance with Section F of this Article. F. If the Department or a Participating Party elects binding arbitration, it may select as an arbitrator any elected official of another Participating Party or any other official of an- 10 161 July 31, 2000 -40 %W* t 19 4ft other Participating Party whose normal duties include emergency management, and the other Participating Party shall also select such an official as an-arbitrator, and the arbitrators thus chosen shall select another such official as a third arbitrator. G. The three (3) arbitrators shall convene by teleconference or videoconference with- in thirty (30) days to consider any documents and any statements or arguments by the Depart- ment, the Requesting Party, or the Assisting Party concerning the protest, and shall render a decision in writing not later than ten (10) days after the close of the hearing. The decision of a majority of the arbitrators shall bind the parties, and shall be final. H. If the Requesting Party has not forwarded a request through the Department, or if an Assisting Party has rendered assistance without being requested to do so by the De- partment, the Department shall not be liable for the costs of any such assistance. All requests to the Federal Emergency Management Agency for the reimbursement of costs incurred by any Participating Party shall be made by and through the Department. I. If the Federal Emergency Management Agency denies any request for reimburse- ment of costs which the Department has already advanced to an Assisting Party, the Assisting Party shall repay such costs to the Department, but the Department may waive such repay- ment for cause. 11 1611 410 %* July 31, 2000 t 14 1**i ARTICLE VIII. Costs Eligible for Reimbursement. The costs incurred by the Assisting Parry under this Agreement shall be reimbursed as needed to make the Assisting Party whole to the fullest extent practicable. A. Employees of the Assisting Party who render assistance under this Agreement shall be entitled to receive from the Assisting Party all their usual wages, salaries, and any and all other compensation for mobilization, hours worked, and demobilization. Such compensation shall include any and all contributions for insurance and retirement, and such employees shall continue to accumulate seniority at the usual rate. As between the employ- ees and the Assisting Party, the employees shall have all the duties, responsibilities, im- munities, rights, interests and privileges incident to their usual employment. The Requesting Party shall reimburse the Assisting Party for these costs of employment. B. The costs of equipment supplied by the Assisting Parry shall be reimbursed at the rental rate established for like equipment by the regulations of the Federal Emergency Man- agement Agency, or at any other rental rate agreed to by the Requesting Party. The Assisting Party shall pay for fuels, other consumable supplies, and repairs to its equipment as needed to keep the equipment in a state of operational readiness. Rent for the equipment shall be deemed to include the cost of fuel and other consumable supplies, maintenance, service, repairs, and ordinary wear and tear. With the consent of the Assisting Party, the Requesting 12 161.: *0 % * July 31, 2000 t if 4*i V Party may provide fuels, consumable supplies, maintenance, and repair services for such equipment at the site. In that event, the Requesting Party may deduct the actual costs of such fuels, consumable supplies, maintenance, and services from the total costs otherwise payable to the Assisting Party. If the equipment is damaged while in use under this Agreement and the Assisting Party receives payment for such damage under any contract of insurance, the Requesting Party may deduct such payment from any item or items billed by the Assisting Party for any of the costs for such damage that may otherwise be payable. C. The Requesting Party shall pay the total costs for the use and consumption of any and all consumable supplies delivered by the Assisting Party for the Requesting Party under this Agreement. In the case of perishable supplies, consumption shall be deemed to include normal deterioration, spoilage and damage notwithstanding the exercise of reasonable care in its storage and use. Supplies remaining unused shall be returned to the Assisting Party in usable condition upon the close of the Period of Assistance, and the Requesting Party may deduct the cost of such returned supplies from the total costs billed by the Assisting Party for such supplies. If the Assisting Party agrees, the Requesting Party may also replace any and all used consumable supplies with like supplies in usable condition and of like grade, quality and quantity within the time allowed for reimbursement under this Agreement. 13 1611 *0 %* July 31, 2000 tv 4wi V D. The Assisting Party shall keep records to document all assistance rendered under this Agreement. Such records shall present ,information sufficient to meet the audit re- quirements specified in the regulations of the Federal Emergency Management Agency and applicable circulars issued by the Office of Management and Budget. Upon reasonable notice, the Assisting Party shall make its records available to the Department and the Re- questing Party for inspection or duplication between 8:00 a.m. and 5:00 p.m. on all weekdays other than- official holidays. ARTICLE IX. Insurance. Each Participating Party shall determine for itself what insurance to procure, if any. With the exceptions in this Article, nothing in this Agreement shall be construed to require any Participating Party to procure insurance. A. Each Participating Party shall procure employers' insurance meeting the require- ments of the Workers' Compensation Act, as amended, affording coverage for any of its em- ployees who may be injured while performing any activities under the authority of this Agreement, and shall file with the Division a certificate issued by the insurer attesting to such coverage. B. Any Participating Party that elects additional insurance affording liability cover- age for any activities that may be performed under the authority of this Agreement shall file with the Division a certificate issued by the insurer attesting to such coverage. 14 *F % * July 31, 2000 t 19 4ri C. Any Participating Party that is self - insured with respect to any line or lines of in- surance shall file with .-the Division copies of all resolutions in current tffect reflecting its determination to act as a self - insurer. D. Subject to the limits of such liability insurance as any Participating Party may elect to procure, nothing in this Agreement shall be construed to waive, in whole or in part, any immunity any Participating Party may have in any judicial or quasi-judicial proceeding. E. Each Participating Party which renders assistance under this Agreement shall be deemed to stand in the relation of an independent contractor to all other Participating Parties, and shall not be deemed to be the agent of any other Participating Party. F. Nothing in this Agreement shall be construed to relieve any Participating Party of liability for its own conduct and that of its employees. G. Nothing in this Agreement shall be construed to obligate any Participating Party to indemnify any other Participating Party from liability to third parties. ARTICLE X. General Requirements. Notwithstanding anything to the contrary elsewhere in this Agreement, all Participating Parties shall be subject to the following requirements in the per- formance of this Agreement: A. To the extent that assistance under this Agreement is funded by State funds, the obligation of any statewide instrumentality of the State of Florida to reimburse any Assisting 15 i July 31, 2000 t1v4wi Party under this Agreement is contingent upon an annual appropriation by the Legislature. B. All bills for reimbursement under this Agreement from State funds shall be sub- miffed in detail sufficient for a proper preaudit and post audit thereof. To the extent that such bills represent costs incurred for travel, such bills shall be submitted in accordance with applicable requirements for the reimbursement of state employees for travel costs. C. All Participating Parties shall allow public access to all documents, papers, letters or other materials subject to the requirements of the Public Records Act, as amended, and made or received by any Participating Party in conjunction with this Agreement. D. No Participating Party may hire employees in violation ofthe employment restric- tions in the Immigration and Nationality Act, as amended. E. No costs reimbursed under this Agreement may be used directly or indirectly to influence legislation or any other official action by the Legislature of the State of Florida or any of its agencies. F. Any communication to the Department or the Division under this Agreement shall be sent to the Director, Division of Emergency Management, Department of Community Affairs, Sadowski Building, 2555 Shumard Oak Boulevard, Tallahassee,- Florida 32399- 2100. Any communication to any other Participating Party shall be sent to the official or officials specified by that Participating Party on Form A attached to this Agreement. For the 16 *0 % * July 31, 2000 160; tv 4�iv purpose of this Section, any such communication may be sent by the U.S. Mail, may be sent by the InterNet, or may be faxed. ARTICLE XI. Effect of Agreement. Upon its execution by a Participating Party, this Agree- ment shall have the following effect with respect to that Participating Party: A. The execution of this Agreement by any Participating Party which is a signatory to the Statewide Mutual Aid Agreement of 1994 shall terminate the rights, interests, duties, and responsibilities and obligations ofthat Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. B. The execution of this Agreement by any Participating Party which is a signatory to the Public Works Mutual Aid Agreement shall terminate the rights, interests, duties, responsibilities and obligations of that Participating Party under that agreement, but such termination shall not affect the liability of the Participating Party for the reimbursement of any costs due under that agreement, regardless of whether billed or unbilled. C. Upon the activation of this Agreement by the Requesting Party, this Agreement shall supersede any other existing agreement between it and any Assisting Party to the extent that the former may be inconsistent with the latter. 17 1611 *0 %* July 31, 2000 D. Unless superseded by the execution ofthis Agreement in accordance with Section A of this Article, the Statewide Mutual Aid Agreement of 1994 shall terminate and cease to have legal existence after June 30, 2001. E. Upon its execution by any Participating Party, this Agreement will continue in effect for one (1) year from its date of execution by that Participating Party, and it shall be automatically renewed one (1) year after its execution unless within sixty (60) days before that date the Participating Party notifies the Department in writing of its intent to withdraw from the Agreement. F. The Department shall transmit any amendment to this Agreement by sending the amendment to all Participating Parties not later than five (5) days after its execution by the Department. Such amendment shall take effect not later than sixty (60) days after the date of its execution by the Department, and shall then be binding on all Participating Parties. Notwithstanding the preceding sentence, any Participating Party who objects to the amend- ment may withdraw from the Agreement by notifying the Department in writing of its intent to do so within that time in accordance with Section E of this Article. ARTICLE XII. Interpretation and Application of Agreement. The interpretation and appli- cation of this Agreement shall be governed by the following conditions: A. The obligations and conditions resting upon the Participating Parties under this 18 ANO %* July 31, 2000 161 tvr Agreement are not independent, but dependent. B. Time shall be of the essence of this Agreement, and of the performance of all conditions, obligations, duties, responsibilities and promises under it. C. This Agreement states all the conditions, obligations, duties, responsibilities and promises of the Participating Parties with respect to the subject of this Agreement, and there are no conditions, obligations, duties, responsibilities or promises other than those expressed in this Agreement. D. If any sentence, clause, phrase, or other portion of this Agreement is ruled un- enforceable or invalid, every other sentence, clause, phrase or other portion ofthe Agreement shall remain in full force and effect, it being the intent of the Department and the other Par- ticipating Parties that every portion of the Agreement shall be severable from every other portion to the fullest extent practicable. E. The waiver of any obligation or condition in this Agreement in any instance by a Participating Party shall not be construed as a waiver of that obligation or condition in the same instance, or of any other obligation or condition in that or any other instance. 19 July 31, 2000 .410%0 t it *ffi V 1611'' IN WITNESS WHEREOF, the Participating Parties have duly executed this Agreement on the date specified below: DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CLERK OF THE CIRCUIT COURT By: Deputy Clerk 20 Date: BOARD OF COUNTY COMMISSIONERS OF COUNTY STATE OF FLORIDA By: Chairman Date: Approved as to Form: By: County Attorney Amp %* July 31, 2000 t if lowi V DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director ATTEST: CITY CLERK Title: 21 Date: CITY OF STATE OF FLORIDA Title: Date: Approved as to Form: By: City Attorney 161° 410 %* July 31, 2000 t 14 4wi v DIVISION OF EMERGENCY MANAGEMENT DEPARTMENT OF COMMUNITY AFFAIRS STATE OF FLORIDA By: _ Director CEDAR HAMMOCK STATE OF FLORIDA DISTRICT, Date: 1611' B y• By: Title: 4 G&JA,fQ Title: Date: Appro Fo By: ve Attorney for District 22 410 %M* July 31, 2000 tt 161_ STATEWIDE MUTUAL AID AGREEMENT FORM A Date: Name of Government: Mailing Address: City, State, Zip: Authorized Representatives to Contact for Emergency Assistance: Primary Representative Name: Title: Address: Day Phone: Telecopier: First Alternate Representative Name: Title: Address: Day Phone: Telecopier:_ Second Alternate Representative Name: Title: Address: Day Phone: Telecopier: Night Phone: InterNet: Night Phone: InterNet: Night Phone: InterNet: PLEASE UPDATE AS ELECTIONS OR APPOINTMENTS OCCUR Return to:Department of Community Affairs- Division of Emergency Management 2555 Shumard Oak Boulevard - Tallahassee, Florida 32399 -2I00 23 July 31, 2000 -*# % * tt 4*v STATEWIDE MUTUAL AID AGREEMENT Form B Date: Name of Requesting Party: Contact Official for Requesting Party: Name: Telephone: InterNet: 1. Description of Damage: 2. Emergency Support Functions: 3. Types of Assistance Needed: 24 1611 July 3l, 2000 STATEWIDE MUTUAL AID AGREEMENT Form B 4. Types of Resources Needed: 5. Description of Infrastructure: 6. Description of Staging Facilities: 7. Description of Telecommunications Resources: 25 July 31, 2000 161.1,. STATEWIDE MUTUAL AID AGREEMENT Form B 8. Time, Place and Date to Deliver Resources: 9. Names of Supervisors for Requesting Party: W. In#%* July 31, 2000 t !V*Wi STATEWIDE MUTUAL AID AGREEMENT Form C Date: Name of Assisting Party: Contact Official for Assisting Party: Name: Telephone: InterNet: 1. Description of Resources 2. Estimated Time Resources Available: 27 me July 31, 2000 -40%0 t if 41� V STATEWIDE MUTUAL AID AGREEMENT Form C 3. Estimated Time and Date to Deliver Resources: 4. Description of Telecommunications Resources: 5. Names of Supervisors for Assisting Party: 28 1611 Seate-+ O° E 4-J w E E Q. _O f f 0 .2*7 Q) E V E O V c E .0 C (d C LL C C O V N O O N = M Ri N C � O �0-, 16I Cedar Hammock 1 6 � Community Development District Series 1999 Capital Improvement Revenue Bonds ($24,315,000) For the Month Ended September 30, 2002 Use of Funds Costs of Issuance Deposit of Capitalized Interest Deposit to Reserve Account Underwriter's Discount Original Issue Discount Underwriter - Prager, McCarthy & Sealy Bond Counsel- Nabors, Giblin, Nickerson Financial Advisor- Fishkind & Associates District Counsel- Young, vanAssenderp Trust Counsel - Holland & Knight Trustee Fee - First Union National Bank District Manager - Severn Trent Environ. Bond Printing - Bowne of Atlanta, Inc. Total Costs of Issuance: Actual Variance Budget Year to Date Fay. - ( Unfay.) $2,513,176.54 $2,513,176.54 Actual Variance Source of Funds Budget Year to Date (Fay.) - Unfay. Deposit to Construction Account $18,803,033.61 $18,803,033.61 $0.00 Deposit to Cost of Issuance $125,000.00 $125,000.00 $0.00 Deposit to Interest Account $2,513,176.54 $2,513,176.54 $0.00 Deposit to Reserve Account $2,431,500.00 $2,431,500.00 $0.00 Underwriter's Discount $364,725.00 $364,725.00 $0.00 Interest Income $124,867.66 $399,118.16 ($274,250.50) Total $24,3621302.81 $24,636,553.31 ($274,250.50) Use of Funds Costs of Issuance Deposit of Capitalized Interest Deposit to Reserve Account Underwriter's Discount Original Issue Discount Underwriter - Prager, McCarthy & Sealy Bond Counsel- Nabors, Giblin, Nickerson Financial Advisor- Fishkind & Associates District Counsel- Young, vanAssenderp Trust Counsel - Holland & Knight Trustee Fee - First Union National Bank District Manager - Severn Trent Environ. Bond Printing - Bowne of Atlanta, Inc. Total Costs of Issuance: Actual Variance Budget Year to Date Fay. - ( Unfay.) $2,513,176.54 $2,513,176.54 $0.00 $2,431,500.00 $2,431,500.00 $0.00 $287,160.15 $287,160.15 $0.00 $77,564.85 $77,564.85 $0.00 $5,000.00 $5,000.00 $0.00 $42,951.75 $42,951.75 $0.00 $13,666.37 $13,666.37 $0.00 $25,000.00 $25,000.00 $0.00 $5,250.00 $5,250.00 $0.00 $8,103.75 $8,103.75 $0.00 $15,000.00 $15,000.00 $0.00 $5,130.00 $5,130.00 $0.00 $5,429,503.41 $5,429,503.41 $0.00 Cedar Hammock 16 1 Community Development District Series 1999 Capital Improvement Revenue Bonds ($24,315,000) Use of Funds- (continued) Construction Costs Acquisition Agreement #1 Roadway Water & Sewer Earthwork Water Management Landscaping & Irrigation Security Electric Service & Lighting Wetland Mitigation Professional Fees Miscellaneous Contingencies Total Costs Acquisition Agreement #1 Future Projects Total Construction Costs Total Expenditures Funds Remaining Reconciliation to Bank Statement: Construction Account at 10/31/02 Cost of Issuance Account at 10/31/02 Total Funds Available Actual Variance Budget Year to Date Fay. - (Unfay.) $1,284,000.00 $1,176,984.56 $107,015.44 $1,300,000.00 $1,901,460.00 ($601,460.00) $7,037,000.00 $8,100,813.44 ($1,063,813.44) $980,000.00 $1,267,391.66 ($287,391.66) $3,115,000.00 $1,857,052.00 $1,257,948.00 $320,000.00 $216,125.00 $103,875.00 $215,000.00 $481,963.00 ($266,963.00) $2,810,000.00 $2,078,261.00 $731,739.00 $1,167,000.00 $1,219,655.25 ($52,655.25) $275,000.00 $173,753.00 $101,247.00 $298,000.00 $0.00 $298,000.00 $18,801,000.00 $18,473,458.91 $327,541.09 $131,799.40 $0.00 $131,799.40 $18,932,799.40 $18,473,458.91 $459,340.49 $24,362,302.81 $231902,962.32 $459,340.49 $733,590.99 2 $733,590.99 V � O° _O � V ° E U E O V CN E � "d O N � . � C C -0 C M � O O M 16 -- N O� O N �m O m N J-1 N I � ) n A F N N .--1 r 1 rn rn O O IT 1 N N i N 0 0 0 0 0 0 O O O O O 1 N .- 100000 0 u-) OO L1 m m O t ri r -1 0 0 0 0 0 0 0 0 u) -4 LO l p� O) O% ri Ol O O r Ol O N O N N N O r-1 i m � E+ o W � U C N i a o C/3 '4 A r.0 O i El aq z m u zz D w w v £ H U A. 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E. El z z 0 El U) El L) 0 1IL4 E. 0 04 u o0 u 00 0 1-1 04 C; O fn C3 C, 0 —4 4 4-) (1) Cl) f-I f: 04 C:) C) C) (D N O �O M O M r7 M ID 1-4-4 rn� E ra M _4 a, a E N v rn v ca m c H H N 7 O U � M C o v � E b+ +J C N A 4-1 b rn C W al w b C O 0) '4 GL H x v wa w u O vw 7 C v a, m rn r-1 W W H m w m El E U h O m a a E (] N o a U a U x U O C) 0 0 M o x v� a 0 a W � v U W q b m w 0 dp 4, a> ON b m m 4 E i x 0 x c v H H 7 U 00 O O O O O O O 000000 0 0 0 000000 0 0 0 000000 0 0 0 000000 0 o O 000000 0 0 0 000000 0 o O 000000 0 o O O00000 0 0 0 000000 0 0 0 m m to E a W mw ' tm9iZ+OU E O O zmmmm a w U) a N O�ziNmZU W X. HE- E ul Cl) w O U z z O N W OmE.Ea0 E N m w E cazwwvcn E- 0 0 0. (14 [4 0 O U U O O a U E- 1-4 r-4 ri N .-1 N O O 01 m 0) 0) �ntDOOOo io�urnmmrn mMMMM00 M M M M M M 1 Ll 1� Lr) 000000 0 0 0 0 0 0 D U z z W a a W a 0 0 E E w w 1611 1611 MEMORANDUM Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. 1. Pursuant to Florida Statutes Chapters 189 and 190, East Naples Fire Control and Rescue District, has submitted the following: (a) Audit FY02 (b) Management Letter Thank you AspedaRspecial PPPPF-' PERRINO & ASSOCIATES Certified Public Accountants East Naples Fire Control and Rescue District Audited Financial Statements September 30, 2002 I I i n A x N 0 p�•J x 00 w Cn _I Z C/) _I Z s T, N �3 `� cD 3 , p CD ro O CD 7 ? 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VI C O � O N O w � CD O CL M CL J C ° I � o w N lD J 1 J 1 N l N i.. j I I i III I jj I j I III jll II I I II II I I II i i i II i I I ij I ii I II it i b I j �• I D r O 0 iii G) n U) < CCD " CD 3 °„ N CD O 0 Q CD N 0 CD v ..3 � N 0 p�•J d 00 w C G w '' A °•. M O W ^, _ J p I N -•o=o A =9DS. 3 :n A (D n rp H 111 X n 0 0 m m T _N (n C� -r1 �1 C X ° 7 ° O O > 0 m m o a (Q D 3 v; c x a CD Q D n� m m m 3 a (n a O O n. Cu D O O � CD (n (D � E z (n CD = O' (n (OD COD N u; -3 3 o z Z _i Z 3 3 m 3 cr cr CD CD _ _ w J J � A j A d N n- j j i I J W 00 w C G 0 7 CD � y _ J p I N -•o=o A =9DS. 3 CD (D I! I O I J 00 -n C G 0 7 CD _ y o p 0 Ir w -•o=o =9DS. 3 CD (D 'co O O I C7 �. CD G O z y O o' _ D CAD S p � I n O0 n C C Y d O V. ? o O <D O w Q - P7 ^J O N -, O v a C = A CD o o CD 7 -. o ro = _ P CL = O = C CL S 3 QO Q) w `� d (Q O (fin o c1 w � � G = 5 n d � N N 0 N =• A �. i3 dam, F c 0 _ CD > a O ran d Q '(D � _= O n (D M a (CD CD � OP g ci X a u' (V1 7 Cn O fl1 �. w I • Q CD D N CD O T ^. 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CDf X r. � SC �A O � N m m 7 p 3 �1 G N D D t1 7 1 r i i n r n a. � d ro n a o w 3 (D �o z O G � O 9 fD a b' o N 11.3 East Naples Fire Control and Rescue District TABLE OF CONTENTS 1611 'AC Independent Auditors' Report 1 Combined Balance Sheet - All Fund Types and Account Groups 2 Combined Statement of Revenues, Expenditures and Changes in Fund 3 Balances - All Governmental Fund Types Combined Statement of Revenues, Expenditures and Changes in Fund 4 Balances - Budget and Actual - General Fund Combined Statement of Revenues, Expenditures and Changes in Fund 5 Balances - Budget and Actual - Special Revenue Funds Statement of Changes in Plan Net Assets - Pension Trust Fund 6 Statement of Revenues, Expenses and Changes in Retained Earnings - 7 Proprietary Fund Type Statement of Cash Flows - Proprietary Fund Type 8 Notes to General Purpose Financial Statements 9 -20 Schedule of Personal Services and Operating Expenditures General Fund 21 - Budget and Actual Defined Benefit Pension Trust 22 Report on Compliance and on Internal Control Over Financial Reporting 23 -24 Based on an Audit of Financial Statements Performed in Accordance with Government Auditing Standards Schedule of Findings and Plan of Corrective Action 25 Management Letter 26 -27 1611 PMMO & ASSOQATES Suite 163 Certified Public Accountants and Consultants Suite 300 4100 Corporate Square A Professional Corporation 214 South Sixth Street Naples, Florida 34104 Springfield, Illinois 62701 Telephone (941) 434 -8299 Telephone (217) 523 -4123 Fax (941) 434 -7240 Fax (217) 523 -5929 E -mail: mario @ccusa.net Board of Commissioners East Naples Fire Control and Rescue District Naples, Florida Independent Auditors' Report We have audited the accompanying general purpose financial statements of East Naples Fire Control and Rescue District, as of and for the year ended September 30, 2002, as listed in the table of contents. These general purpose financial statements are the responsibility of East Naples Fire Control and Rescue District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and Government Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of East Naples Fire Control and Rescue District as of September 30, 2002, and the results of its operations and cash flows for the year then ended, in conformity with accounting principles generally accepted in the United States of America. Perrino & Associates Certified Public Accountants December 4, 2002 LMEMBER AMERICAN INSTITUTE OF CPA's • DIVISION FOR CPA FIRMS • ILLINOIS CPA SOCIETY • FLORIDA INSTITUTE OF CPA's -1- �1 FINANCIAL STATEMENTS East Naples Fire Control and Rescue District Combined Balance Sheet All Fund Types and Account Groups September 30, 2002 ASSETS AND OTHER DEBITS Cash and Cash Equivalents Investments Receivables Prepaid Expenses Due From Other Funds Land Buildings and Improvements Vehicles and Trucks Office Furniture, Fixtures and Equipment Amount to be Provided for Retirement of Debt Total Assets and Other Debits LIABILITIES, FUND EQUITY & OTHER CREDITS Liabilities: Accounts Payable Accrued Liabilities (Note 4) Due to Other Funds Due to Individuals Obligations Under Lease Total Liabilities Fund Equity and Other Credits: Investment in General Fixed Assets (Note 3) Retained Earnings Reserved Reserved for Employee Retirement Benefits Unreserved Total Fund Equity & Other Credits Total Liabilities, Fund Equity & Other Credits 1611 Governmental Fund Types Special General Revenue Fund Fund $ 936,396 -0- 105,781 22,545 63,805 -0- -0- -0- -0- -0- -0- $ 1,128,527 $ 62,919 130,719 1,325 -0- -0- $ 194,963 $ -0- -0- -0- -0- 933,564 $ 933,564 $1,128,527 See accompanying notes and independent auditors' report. $ 1,696,212 -0- 26,899 -0- 7,844 -0- -0- -0- -0- -0- -0- $ 1,730,955 $ 2,974 -0- 1,243 -0- -0- $ 4,217 $ -0- -0- 1,726,738 -0- -0- $ 1,726,738 $ 1,730,955 1611 Proprietary Fiduciary Fund Type Fund Type Account Groups Internal Firefighters' General General Total Service Pension Trust Fixed Long -Term (Memorandum Fund Fund Assets Debt Onl $ 46,022 $ 136,498 $ -0- $ -0- $ 2,815,128 -0- 321,509 -0- -0- 321,509 14,769 53,558 -0- -0- 201,007 833 -0- -0- -0- 23,378 -0- -0- -0- -0- 71,649 -0- -0- 848,897 -0- 848,897 19,749 -0- 1,566,897 -0- 1,586,646 7,053 -0- 2,346,680 -0- 2,353,733 -0- -0- 1,096,614 -0- 1,096,614 (4,790) -0- -0- 955,715 (4,790) 6,176 -0- -0- -0- 961,891 89 812 $ 511,565 $ 5,859,088 $ 955,715 $ 10,275,662 $ 399 $ -0- $ -0- $ -0- $ 66,292 3,432 -0- -0- -0- 134,151 69,081 -0- -0- -0- 71,649 6,176 -0- -0- 497,423 503,599 -0- -0- -0- 458,292 458,292 79,088 $ -0- $ -0- $ 955,715 $ 1,233,983 $ -0- $ -0- $ 5,859,088 $ -0- $ 5,859,088 10,724 -0- -0- -0- 10,724 -0- -0- -0- -0- 1,726,738 -0- 511,565 -0- -0- 511,565 -0- -0- -0- -0- 933,564 10,724 $ 511,565 $ 5,859,088 $ -0- $ 9,041,679 89 812 $ 511,565 $ 5,859,088 $ 955,715 $ 10,275,662 2 East Naples Fire Control and Rescue District 1611 Combined Statement of Revenues, Expenditures, and Changes in Fund Balances All Governmental Fund Types September 30, 2002 Governmental Fund Types Special Total General Revenue (Memorandum Fund Fund Only) REVENUES Ad Valorem Taxes $ 5,795,840 $ -0- $ 5,795,840 Impact Fees -0- 501,410 501,410 Interest 41,158 56,201 97,359 FEMA Grant 134,483 -0- 134,483 Other 529,599 48,330 577,929 Total Revenues $ 6,501,080 $ 605,941 $ 7,107,021 EXPENDITURES Current Public Safety: Personal Services $ 4,852,663 $ -0- $ 4,852,663 Operating Expenditures 712,145 51,524 763,669 Capital Outlay 58,354 462,177 520,531 Debt Service: Principal Retirement 205,713 94,356 300,069 Interest and Fiscal Charges 13,908 18,365 32,273 Total Expenditures $ 5,842,783 $ 626,422 $ 6,469,205 Excess (Deficiency) of Revenues Over (Under) Expenditures $ 658,297 $ (20,481) $ 637,816 Other Financing Sources (Uses): Proceeds from Debt 120,000 -0- 120,000 Transfers In (Out) (135,483) 135,483 -0- Excess (Deficiency) of Revenues and Other Financing Sources (Uses) Over (Under) Expenditures $ 642,814 $ 115,002 $ 757,816 Fund Balances, September 30, 2001 290,750 1,611,736 1,902,486 Fund Balances, September 30, 2002 1_223..,564 $ 1,726,738 $ 2,660,302 See accompanying notes and independent auditors' report. 3 East Naples Fire Control and Rescue District 161 Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual General Fund September 30, 2002 Variance Favorable Budget Actual (Unfavorable) REVENUES Ad valorem taxes $ 5,817,124 $ 5,795,840 $ (21,284) Impact fees -0- -0- -0- Interest 47,000 41,158 (5,842) FEMA Grant 135,483 135,483 -0- Other 489,119 528,599 39,480 Total Revenues $ 6,488,726 $ 6,501,080 $ 12,354 EXPENDITURES Current Public Safety: Personal Services $ 4,847,463 $ 4,852,663 $ (5,200) Operating Expenditures 772,808 712,145 60,663 Capital Outlay 60,618 58,354 2,264 Debt Service Principal Retirement 210,000 205,713 4,287 Interest and Finance Charges 14,000 13,908 92 Total Expenditures $ 5,904,889 $ 5,842,783 $ 62,106 Excess of Revenues Over Expenditures $ 583,837 $ 658,297 $ 74,460 Other Financing Sources: Proceeds from Debt 120,000 120,000 -0- Transfers In (Out) -0- (135,483) (135,483) Excess of Revenues and Other Financing Sources Over Expenditures $ 703,837 $ 642,814 $ (61,023) Fund Balances, September 30, 2001 290,750 290,750 -0- Fund Balances, September 30, 2002 $ 994,587 $ 933,564 61 023 See accompanying notes and independent auditors' report. 4 East Naples Fire Control and Rescue District Combined Statement of Revenues, Expenditures and Changes in Fund Balances - Budget and Actual Special Revenue Funds September 30, 2002 1611 See accompanying notes and independent auditors' report. 5 Variance Favorable Budget Actual (Unfavorable) REVENUES Ad valorem taxes $ -0- $ -0- $ -0- Impact fees 525,539 501,410 (24,129) Interest 55,427 56,201 774 Other 20,000 48,330 28,330 Total Revenues $ 600,966 $ 605,941 $ 4,975 EXPENDITURES Current Public Safety Personal Services $ -0- $ -0- $ -0- Operating Expenditures 32,650 51,524 (18,874) Capital Outlay 461,119 462,177 (1,058) Debt Service Principal Retirement 94,356 94,356 -0- Interest and Finance Charges 18,365 18,365 -0- Total Expenditures $ 606,490 $ 626,422 $ (19,932) Excess of Revenues Over Expenditures $ (5,524) $ (20,481) $ (14,957) Other Financing Sources: Proceeds from Debt -0- -0- -0- Transfer In (Out) -0- 135,483 135,483 Excess of Revenues and Other Financing Sources Over Expenditures $ (5,524) $ 115,002 $ 120,526 Fund Balances, September 30, 2001 1,611,736 1,611,736 -0- Fund Balances, September 30, 2002 ..,212 1_1&26 $ 1,726,738 120 526 See accompanying notes and independent auditors' report. 5 East Naples Fire Control and Rescue District Statement of Changes in Plan Net Assets Pension Trust Fund For the Year Ended September 30, 2002 Firefighters' Pension Trust Fund (Note 713) ADDITIONS: Contributions: Employer $ 53,346 Plan Members 5,760 State of Florida 143,973 Total Contributions $ 203,079 Investment Income: Interest Income $ 8,067 Dividends 2,604 Loss on Sale of Investments (26,166) Unrealized Gain (Loss) on Investments (20,057) Total Investment Income (Loss) $ (35,552) Total Additions $ 167,527 DEDUCTIONS: Administrative Expenses $ 6,353 Investment Expenses 3,774 Professional Fees 12,024 Total Deductions 22,151 Net Increase $ 145,376 Net Assets Held In Trust For Pension Benefits Beginning of the Year 366,189 End of the Year L-5-11 See accompanying notes and independent auditors' report. R East Naples Fire Control and Rescue District Statement of Revenues, Expenses and Changes In Retained Earnings - Proprietary Fund Type For the Year Ended September 30, 2002 Operating Revenues: Charges and Fees Interest Income Total Operating Revenues Operating Expenses: Personnel Services Professional Services & Supplies Depreciation Total Operating Expenses Net Income (Loss) Retained Earnings - Unreserved, Beginning of Year Retained Earnings - Unreserved, End of Year Internal Service Fund See accompanying notes and independent auditors' report. $ 241,838 715 $ 242,553 $ 170,629 75,123 4,790 $ 250,542 $ (7,989) 18,713 L-10,-724 7 Eas t Naples Fire Control and Rescue District 1611 Statement of Cash Flows - Proprietary Fund Type For the Year Ended September 30, 2002 Internal Service Cash Flows From Investing Activities (26,802) Cash Flows From Financing Activities -0- Net (Increase) in Cash and Cash Equivalents $ (31,213) Cash and Cash Equivalents, Beginning of Year 77,235 Cash and Cash Equivalents, End of Year $ 46,022 Reconciliation of Net Income to Net Cash Provided by Operating Activities: Net Income (Loss) $ (7,989) Depreciation 4,790 Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: Decrease (Increase) in Receivables (6,640) Increase (Decrease) in Payables 5,428 Net Cash Provided by Operating Activities (4,411) See accompanying notes and independent auditors' report. Fund Cash Flows From Operating Activities: Cash Received From Customers $ 232,783 Cash Payments For Employees - Services (171,362) Cash Payments For Materials - Services (73,225) Cash Received - Interest Income 715 Interfund Cash Transfers 6,678 Net Cash Provided by Operating Activities $ (4,411) Cash Flows From Investing Activities (26,802) Cash Flows From Financing Activities -0- Net (Increase) in Cash and Cash Equivalents $ (31,213) Cash and Cash Equivalents, Beginning of Year 77,235 Cash and Cash Equivalents, End of Year $ 46,022 Reconciliation of Net Income to Net Cash Provided by Operating Activities: Net Income (Loss) $ (7,989) Depreciation 4,790 Adjustments to Reconcile Net Income to Net Cash Provided by Operating Activities: Decrease (Increase) in Receivables (6,640) Increase (Decrease) in Payables 5,428 Net Cash Provided by Operating Activities (4,411) See accompanying notes and independent auditors' report. East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Reporting Entity East Naples Fire Control and Rescue District (the District) is a local governmental unit created by the Florida Legislature to provide fire and rescue services to a certain prescribing area in Collier County, Florida, and is an independent special district authorized and existing under the State of Florida enabling statute chapter 61 -2034. The District is operated by a three - person Board of Commissioners. The General Fund, Special Revenue Funds, and Account Groups include all the operations and activities relevant to the District. In evaluating the District as a reporting entity, potential component units (traditionally separate reporting entities), which may or may not fall within the District's financial statements, have been addressed. The basic criterion for including a component unit within the District's reporting entity is the exercise of oversight responsibility by the District's Board of Commissioners. Factors other than oversight which may significantly influence the entity relationship are the scope of public service and special financing relationship. There were no entities that required inclusion as a component unit within the District's financial statements as defined in Governmental Accounting Standards Board Statement 14. Additionally, there were no entities for which there were positive responses to specific criteria used for establishing oversight responsibility that were excluded from the District's financial statements. The specific criteria used by the District for establishing oversight responsibility are as follows -- Manifestations of Oversight Responsibility; Selection of Governing Authority; Designation of Management; Ability to Significantly Influence Operations, Accountability for Fiscal Matters; Budgetary Authority; Surplus /Deficit; Responsibility for Debt; Fiscal Management; and Revenue Characteristics. Fund Accounting The accounts of the District are organized on the basis of funds and account groups, each of which is considered a separate accounting entity. The operations of each fund are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund balances, revenues, and expenditures. Government resources are allocated to and accounted for in individual funds based upon the purpose for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped in the accompanying general purpose financial statements, into three fund types and two account groups as follows: Governmental Fund Types General Fund The General Fund is the general operating fund of the District. It is used to account for all financial resources except those required to be accounted for in another fund. See accompanying independent auditors' report. East Naples Fire Control and Rescue District Notes to Financial Statements September 30, 2002 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Special Revenue Fund A Special Revenue Fund is used to account for impact fees required to be used for future capital outlays in response to the growth of the community within the District. In addition, a Special Revenue Fund is used to account for hydrant fees which are required to be used to fund hydrant repairs and /or maintenance. Progrietary Fund Tvoe Internal Service Fund The Internal Service Fund is used to account for the revenues and expenses associated with the repair and maintenance of governmental service vehicles such as fire trucks, ambulances and general vehicles. The District provides repairs and maintenance service to the other Fire Districts in the area but does not offer maintenance and /or repair services to the general public. Service charges are based upon cost reimbursement. Fiduciary Fund Tvge Firefighters' Pension Trust Fund This fund is used to account for the retirement contributions made on behalf of the firefighters of the District employed after December 31, 1995 (See Note 713). Account Groups General Fixed Assets Account Group The General Fixed Assets Account Group accounts for fixed assets used in the District's operations. All fixed assets are valued at historical cost or estimated historical cost if actual historical cost is not available. Donated fixed assets are valued at their estimated fair value on the date donated. The District does not have any infrastructures. No depreciation has been provided on general fixed assets. General Long -Term Debt Account Group The General Long -Term Debt Account Group accounts for long -term liabilities expected to be financed by the District. This includes long -term leases, notes payable and compensated absences. See accompanying independent auditors' report. 10 East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Basis of Accounting The General and Special Revenue Funds use the modified accrual basis of accounting. Revenues are recognized when they become measurable and available as net current assets. "Measurable" means the amount of the transaction can be determined and "available" means collectible within the current period or soon enough thereafter to be used to pay liabilities of the current period. Revenues are recorded as received except for revenue susceptible to accrual and revenues of a material amount that have not been received at the normal time of receipt. Revenues that are susceptible to accrual are ad valorem taxes, District I funds, impact fees and interest Expenditures are recorded when the liability is incurred, if measurable, except that: a. Disbursements for supplies inventory are considered expenditures at the time of purchase; b. Interest on long -term debt is not accrued, but recorded as an expenditure when paid. The Proprietary Fund Type (Internal Service Fund) is accounted for on an economic resources measurement focus using the accrual basis of accounting. Revenues are recognized when earned and expenses are recognized when the related assets or liabilities are incurred. The District applies all GASB pronouncements as well as the Financial Accounting Standards Board pronouncements issued on or before November 30, 1989 unless those pronouncements conflict with or contradict GASB pronouncements. Fiduciary Funds account for assets held by the District in a trustee or agency capacity. The Pension Trust Fund uses the economic resource measurement focus in essentially the same manner as the proprietary fund. The Pension Trust Fund accounts for investments at market. Encumbrances Encumbrance accounting, underwhich purchase orders and other commitments forexpenditures of monies are recorded, is not employed by the District and thus no amount has been included in these financial statements for encumbrances. Budgetary Control Each fund's appropriated budget is prepared on a detailed line item basis. Revenues are budgeted by source. Expenditures are budgeted by department and classified as follows: personal services, operating expenditures, capital outlay, debt service and transfers. The District's budgetary legal level of control is at the fund level. All budget revisions at this level are subject to final review by the Board of Commissioners. Within these control levels, management may transfer appropriations without Commissioner's approval. The annual budget serves as t e e al authorization for expenditures. Expenditures for the General Fund and Special Revenue Fund cannot legally exceed the total amount budgeted. All appropriations lapse at year -end. See accompanying independent auditors' report. 11 East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) The District prepares budgets to account for activities of the General Fund and Special Revenue Fund. The budget column is prepared from the District's adopted annual budgets as amended during the year, which reflects budgeted revenues and expenditures in total for all governmental fund types on a basis of accounting consistent with accounting principles generally accepted in the United States of America. Property Tax Calendar - The property tax calendar is composed of the following dates: 1. Lien date 2. Levy date 3. Due date 4. Collection dates 3'd week in May July 1 March 31 November through March Investments Investments if any, are stated at cost, which approximates market value. Florida Statutes allows the District to invest surplus funds in: a. The State operated Local Government Surplus Funds Trust Fund; b. Securities guaranteed by the U.S. Government or agencies of the U.S. Government; or C. Interest - bearing time deposits or savings accounts in banks and savings and loans organized under State laws or doing business in and situated in the State, provided collateral requirements are met. Compensated Absences Sick time does accumulate for employees of the District. Accrued sick time in excess of 10 days or 5 shifts can be paid to the employees in cash on October 1 of each fiscal year if they desire. Payment of 100% for accumulated earned sick leave is required to be made to the employee upon termination of employment or to the estate of the deceased, in the event of an employee's death. The elected amount of sick time to be paid on October 1, 2002 totaling $60,763 has been included in accrued liabilities of the general fund. The remaining amount of accumulated sick leave has been reflected in the general long -term debt account group. Accrued vacation accumulates for all employees to a maximum of two years worth of vacation time. Each employee earns vacation time at a different rate based on years of service. Accrued vacation is reflected in the general long -term debt account group since the liability is not expected to be expended within the next year. Total Column on the Combined Balance Sheet and the Combined Statement of Revenues Expenditures and Changes in Fund Balances The total column on each Combined General Purpose Financial Statement is captioned "MEMORANDUM ONLY" to indicate that it is presented only to facilitate financial analysis. Data in this column does not present financial position and the results of operations in conformity with generally accepted accounting principles, and such data is not comparable to a consolidation. Taxes and Fees Receivable , No allowance for losses on uncollectible accounts has been recorded since the District considers all amounts to be fully collectible. See accompanying independent auditors' report. 12 East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 1 - REPORTING ENTITY AND SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES (Continued) Statement of Cash Flows For purposes of the statements of cash flows, the District considers all highly liquid investments (including restricted assets) with a maturity of three months or less when purchased to be cash equivalents. Due to and From Other Funds Interfund receivables and payables arise from interfund transactions and are recorded by funds affected in the period in which transactions are executed. NOTE 2 - CASH AND CASH EQUIVALENTS The cash and cash equivalents at September 30, 2002 consisted of the following: Cash on Hand $ 700 Checking and Money Market Accounts 1,723,466 Certificates of Deposit 1,090,962 $ 2,815,128 All deposits are entirely insured by Federal Depository Insurance and a multiple financial institution collection pool required by Sections 280.07 and 280.08 Florida Statutes. NOTE 3 - CHANGES IN GENERAL FIXED ASSETS ACCOUNT GROUP A summary of changes in general fixed assets account group is as follows: Balances September 30, 2001 Additions Land $ 745,868 $ 103,029 Buildings & Improvements 1,458,897 108,000 Equipment & Furniture 1,009,292 87,900 Vehicles & Trucks 2,149,419 241,929 $ 5,363,476 540,858 NOTE 4 - ACCRUED LIABILITIES Balances September 30, Disposition 2002 $ -0- $ 848,897 -0- 1,566,897 578 1,096,614 44,668 2,346,680 1-45.246 $ 5,859,088 Accrued liabilities at September 30, 2002 consisted of the following: Accrued Retirement Payable $ 29,497 Accrued Sick Time Payable 58,192 Accrued Wages -0- Accrued Payroll Taxes Payable 43,030 1_120,.719 See accompanying independent auditors' report. 13 East Naples Fire Control and Rescue District p Notes to Financial Statements September 30, 2002 NOTE 5 - RISK MANAGEMENT The District adopted a self- insurance program for health insurance claims beginning October 1, 1997. The District incurred $586,622 in health insurance costs under the District's self insurance program during the fiscal year ending September 30, 2002. No accrual has been made as of September 30, 2002 for estimates of amounts to be paid for actual claims incurred but not reported. The District has purchased stop loss coverage for the health insurance costs and as of September 30, 2002 the maximum cost to the District is $873,885. It is the policy of the District to purchase commercial insurance for all other risks of losses to which it is exposed. The District's risk management activities are reported in the general fund. No accrual has been provided for claims and incidents not reported to the insurer. Claims made have not exceeded the insurance coverage for the current year. The District's former workers compensation carrier has filed for bankruptcy protection and the District has become responsible for three workers compensation claims with an estimated maximum cost to the District of $622,827. The District is pursuing recovery of claims they have paid. See accompanying independent auditors' report. 14 East Naples Fire Control and Rescue District Notes to Financial Statements September 30, 2002 NOTE 6 - GENERAL LONG -TERM DEBT ACCOUNT GROUP A summary of changes in general long -term debt is as follows: Balances September 30, 2001 Additions Compensated absences $ 405,057 $ 92,365 Capitalized lease @ 4.97% principle and interest due annually in arrears, secured by an Emergency One Fire Truck maturing February 15, 2006 Capitalized lease @ 6.5 %, principal and interest due quarterly, secured by 2 Ford Pick -up Trucks, maturing April 2004. Capitalized lease @ 8.48 %, principal and interest due annually, secured by refurbished fire truck, maturing October 15, 2001. Capitalized lease @ 5.4% principal and interest due quarterly, secured by three vehicles, maturing March 2002 Capitalized leases @ 4.97 %, principal and interest due in six annual payments, secured by brush truck maturing October 2005. Capitalized lease @ 4.97% principle & interest due annually in arrears, secured by an Emergency One Pumper maturing on July 27, 2007. Bank Line of Credit Maximum amount $300,000 secured by $300,000 in certificates of deposit 11 Balances September 30, Reductions 2002 $ -0- $ 497,422 259,101 -0- (46,919) 212,182 41,606 -0- (14,392) 27,214 41,120 -0- (41,120) -0- 11,133 -0- (11,133) -0- 34,922 -0- (8,106) 26,816 225,217 -0- (33,136) 192,081 25,733 120,000 $ 1,043,889 $ 212,365 (145,733) -0- (300,539) 955,715 See accompanying independent auditors' report. 15 East Naples Fire Control and Rescue District Notes to Financial Statements September 30, 2002 NOTE 6 - GENERAL LONG -TERM DEBT ACCOUNT GROUP (Continued) Following is a schedule of the present value of net future minimum payment on the District's capital leases as of September 30, 2002: Year Ended September 30 2003 $ 130,407 2004 126,298 2005 113,966 2006 104,125 2007 44,330 Total Minimum Lease Payments $ 519,126 Less: Amount Representing Interest 60,833 Present Value of Net Minimum Lease Payments $ 458,293 NOTE 7 - RETIREMENT PLANS NOTE 7A - COST SHARING MULTIPLE EMPLOYER PLAN The September 30, 2001 report is used as the September 30, 2002 report was not available. Florida Retirement Systems All full -time District employees hired prior to January 1, 1996 are participants in the Florida Retirement System (System), a defined benefit, noncontributory, multiple - employer retirement system, which is controlled by the State Legislature and administered by the State of Florida, Department of Administration, Division of Retirement. The plan covers over 790,000 past and current employees of various governmental units within the State of Florida. The system provides for vesting of benefits after 10 years of creditable service. Normal retirement benefits are available to employees who retire at or after age 62 with 10 or more years of service. Early retirement is available after 10 years of service with a 5% reduction of benefits for each year prior to the normal retirement age. Retirement benefits are based upon age, average compensation and years -of- service credit, where average compensation is computed as the average of an individual's five highest years of earnings. Participating employer contributions are based upon state -wide rates established by the State of Florida. These rates are applied to employee salaries as follows: regular employees - 16.45% and special risk employees - 25.32 %. On July 1, 2000 rates changed to 8.21 % (regular) and 19.35% (special risk). The funding policy provides for monthly employer contributions at actuarially determined rates that are determined using the entry age actuarial funding method. See accompanying independent auditors' report. 16 East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 7 - RETIREMENT PLANS (Continued) NOTE 7 A- COST SHARING MULTIPLE EMPLOYER PLAN (Continued) The District's contribution to the plan for the year ended September 30, 2002 was $438,702 and was paid by the due date for the contribution. This represents 16.76% of the District's covered payroll of $2,616,220. The pension benefit obligation for the system as a whole, determined through an actuarial valuation was $80.99 billion at July 1, 2000, the date of the most recent actuarial report. The report also indicates that the System had total net assets of approximately $95.52 billion at that date resulting in an overfunded pension obligation of $14.53 billion. The total unfunded actuarial pension liability was fully funded at July 1, 2001. As portion of the surplus is being used as a contribution rate stabilization of plan benefits, adjusted for the effects of projected salary increases and step -rate benefits estimated to be payable in the future as a result of employee service to date. A variety of significant actuarial assumptions are used to determine the standardized measure of the pension benefit obligation and these assumptions are summarized below: a. A rate of return on the investment of present and future assets of 8% per year compounded annually; b. Projected salary increases of 6.25% per year compounded annually, attributable to inflation at 3.5 %; C. Additional projected salary increases of 5% per year attributable to seniority /merit; and The measure is intended to help users assess the System's funding status on a going concern basis, assess progress made in accumulating sufficient assets to pay benefits when due, and make comparisons among retirement systems and among employers. The System does not make separate measure of assets and pension benefit obligations of individual employers. Significant assumptions used to compute pension contribution requirements are the same as those used to determine the standardized measure of the pension obligation. Ten -year historical trend information showing the System's progress in accumulating sufficient assets to pay benefits when due and other pertinent factors are presented in the System's June 30, 2000 Comprehensive Annual Financial Report. NOTE 7B - SINGLE EMPLOYER PLAN We prepared a separate audit report for this retirement plan dated December 4, 2002. The following information is from that audit report. See accompanying independent auditors' report. 17 East Naples Fire Control and Rescue District Notes to Financial Statements September 30, 2002 NOTE 7B - SINGLE EMPLOYER PLAN (Continued) PLAN DESCRIPTION General The East Naples Fire Control & Rescue District Firefighter's Pension Plan was established July 29, 1996 by Resolution 96 -03 as amended by Resolution 97 -01 dated August 11, 1997, Resolution 98 -02 dated May 19. 1998, Resolution 99 -001 dated January 12,1999, Resolution 99- 021 dated November 9, 1999 and Resolution 2001 -02 dated April 18, 2001 (collectively known as the Resolution). The Plan, which is a single - employer plan, was established to provide retirement benefits to firefighters hired after December 31, 1995 by East Naples Fire Control & Rescue District. A more detailed description of the Plan and its provisions appears in the Resolution constituting the Plan and in the Summary Plan Description. Eligibility All full time employees hired by the District on or after January 1, 1996, as defined in the w resolution shall be members of this pension plan and shall be required to complete a medical examination. Participation At October 1, 1999 (date of the latest actuarial evaluation), the Plan's membership, all of who are current firefighters, consisted of: Retirees and beneficiaries currently receiving benefits and terminated employees entitled to benefits, but not yet receiving them -0- Current Employees: Vested -0- Nonvested 8 8 As of the balance sheet date there were 17 nonvested current employees. Any firefighter may retire and receive normal retirement benefits after the earliest of completing 10 years of Credited Service and attaining 55 years of age, or completing 25 years of Credited Service regardless of age. Firefighter's may retire early with reduced benefits after completing 10 years of continuous service and attaining 50 years of age. Service Retirement Benefits Upon normal retirement, a participant will receive a monthly pension amount equal to 3.0% of average monthly earnings for the highest 5 years out of the last 10 years of Credited Service multiplied by the number of years of Credited Service plus $3 per month multiplied by the number of years of Credited Service. See accompanying independent auditors' report. 18 East Naples Fire Control and Rescue District Notes to Financial Statements September 30, 2002 NOTE 7B - SINGLE EMPLOYER PLAN (Continued) PLAN DESCRIPTIONS (CONTINUED) Early retirement benefits are equal to the accrued benefit which is calculated in the same manner as normal retirement, except that the present average monthly earnings and Credited Service is used in the calculation. This accrued benefit is reduced by 3% to 15% based on the number of years early the payment begins. Other forms of benefits are available to Plan participants and are further discussed in the Resolution. Disability Benefits A participant who incurs a service connected disability is entitled to a monthly benefit equal to the greater of (a) 42% of average monthly earnings on the date of disability or (b) the accrued benefit. A participant who incurs a nonservice connected disability and who has completed ten years of continuous service is entitled to a monthly benefit equal to the greater of (a) 25% of average monthly earnings on the date of disability or (b) the accrued benefit. Death Benefits The Plan provides benefits for the beneficiary of vested members for both service connected and nonservice connected deaths. The beneficiary of nonvested members shall receive a refund of (100 %) of the member's accumulated contributions. Termination Benefits Upon termination after completing at least 10 years of Credited Service, a member is entitled to a monthly benefit determined in the same manner as for normal or early retirement payable commencing at the members normal or early retirement date. Upon termination prior to the completion of 10 years of Credited Service, a member shall be entitled to a refund of his accumulated contributions. Contributions East Naples Fire Control & Rescue District is required to contribute an actuarially determined amount that, when combined with participants' contributions and contributions from the State of Florida, will fully provide for all benefits as they become payable. Contributions from members are required at 1 % of compensation. The State of Florida contribution is equal to the premium tax refunds received pursuant to Chapter 175, Florida Statutes, subject to certain maximums. East Naples Fire Control and Rescue Districts' contribution is the remaining amount necessary to fund the Plan properly according to the Plan's actuary. Currently the Plan is over funded according to the last actuarial valuation and has no required district contribution. East Naples Fire Control & Rescue District's management has decided to currently fund the Plan at 10% of compensation. See accompanying independent auditors' report. 19 C East Naples Fire Control and Rescue District 1611 Notes to Financial Statements September 30, 2002 NOTE 7B - SINGLE EMPLOYER PLAN (Continued) PLAN DESCRIPTIONS (CONTINUED) The Plan is required to have an actuarial valuation every three years with the next valuation due October 1, 2002. A copy of the plan and plan audit for September 30, 2002 can be obtained by writing the District at 4798 Davis Blvd. Naples, FL 34104. NOTE 7C - DEFINED CONTRIBUTION PLAN The District maintains a single - employer defined contribution pension plan for the benefit of its nonfirefighter employees hired after January 1, 1996. The plan is for full -time employees and have certain eligibility provisions with required retirement funding percentages based on the salaries of those participating. Pension expense for the year ended September 30, 2002 was $8,721. The District's total payroll under this plan was $87,209 for the year ended September 30, 2002. NOTE 8 - DEFERRED COMPENSATION PLAN For fiscal 1999, the Council adopted the Statement of Government Accounting Standards Board No. 32 "Reporting for Section 457 Deferred Compensation Plans ", which require the removal of the related asset and liability of the deferred compensation plan since such funds are held in trust and are not the property of the District. See accompanying independent auditors' report. 20 East Naples Fire Control and Rescue District 1611 Operating Expenditures: Legal and Professional Expenditures Schedule of Personal Services and Operating Expenditures $ 37,653 $ (8,953) General Fund - Budget and Actual 33,585 24,251 For the Year Ended September 30, 2002 Communication Expenditures 45,000 39,063 Variance Contract Services 235,793 Favorable 7,917 Budget Actual (Unfavorable) Personal Services: (255) Salaries $ 3,347,898 $ 3,371,653 $ (23,755) Retirement 538,135 526,079 12,056 Payroll Taxes 248,030 256,123 (8,093) Insurance 713,400 698,808 14,592 Rent and Leasing $ 4,847,463 $ 4,852,663 5 200 Operating Expenditures: Legal and Professional Expenditures $ 28,700 $ 37,653 $ (8,953) Dues and Subscriptions 33,585 24,251 9,334 Communication Expenditures 45,000 39,063 5,937 Contract Services 235,793 227,876 7,917 Current Charges 10,540 10,795 (255) Utilities 35,800 34,398 1,402 Operating Supplies 45,475 27,745 17,730 Insurance, General 55,910 51,747 4,163 Rent and Leasing 9,800 7,193 2,607 Repairs and Maintenance 164,765 159,453 5,312 Office Supplies 10,500 5,698 4,802 Other Expenditures 57,200 48,194 9,006 Uniforms 39,740 38,079 1,661 $ 772,808 $ 712,145 $__§Q.,663 See accompanying independent auditors' report. 21 SUPPLEMENTARY INFORMATION East Naples Fire Control and Rescue District Defined Benefit Pension Trust Required Supplementary Information September 30, 2002 (Note 7B) 1. Schedule of Funding Progress Actuarial Accrued Actuarial Liability Actuarial Value of (AAL) Valuation Assets Entry Date U 1W 10/01/99 $ 174,718 $ 39,483 Unfunded AAL Funded (UAAL) Ratio b -a aL /bi $ (135,235) 443% UAAL as Percentage Covered of Covered Payroll Payroll LC-) b -a c $ 207,806 (65.1%) 2. Schedules of Employer Contributions From Employer and Other Contributing Entities (A) Actuarially determined contribution requirements. (B) Total actual contributions as a percentage of annual required contributions. (B) Percentage Contributed n/a n/a 187.6% 101.6% 100.7% 100.0% The Information presented in the required supplementary schedules above was determined as part of the actuarial valuation at the date indicated. Additional information as of the latest actuarial valuation follows: Valuation Date Actuarial Cost Method Amortization Method Remaining Amortization Period Asset Valuation Method Actuarial Assumptions: Investment Rate of Return Projected Salary Increases Post Retirement Benefit Increase Includes Inflation at Cost of Living Adjustments 10/01/1999 Entry Age Level Dollar Amount, Closed 22 Years Fair Market Value 8% 6% 3% 4% None See accompanying independent auditors' report. I4 (A) Annual Required Actual Contribution Year Contribution Employ State Employee Total 2002 $ -0- $ 53,346 $ 143,973 $ 5,760 $ 203,079 2001 -0- 39,883 131,053 4,146 175,082 2000 45,202 30,122 51,568 3,105 81,690 1999 98,250 14,832 83,418 1,541 98,250 1998 77,889 6,821 71,068 622 77,889 1997 623 623 -0- -0- 623 (A) Actuarially determined contribution requirements. (B) Total actual contributions as a percentage of annual required contributions. (B) Percentage Contributed n/a n/a 187.6% 101.6% 100.7% 100.0% The Information presented in the required supplementary schedules above was determined as part of the actuarial valuation at the date indicated. Additional information as of the latest actuarial valuation follows: Valuation Date Actuarial Cost Method Amortization Method Remaining Amortization Period Asset Valuation Method Actuarial Assumptions: Investment Rate of Return Projected Salary Increases Post Retirement Benefit Increase Includes Inflation at Cost of Living Adjustments 10/01/1999 Entry Age Level Dollar Amount, Closed 22 Years Fair Market Value 8% 6% 3% 4% None See accompanying independent auditors' report. I4 1611 OTHER REPORTS Suite 163 4100 Corporate Square Naples, Florida 34104 Telephone (941) 434 -8299 Fax (941) 434 -7240 Board of Commissioners East Naples Fire Control and Rescue District Naples, Florida Assoams Certified Public Accountants and Consultants A Professional Corporation 1 a Suite 300 214 South Sixth Street Springfield, Illinois 62701 Telephone (217) 523 -4123 Fax (217) 523 -5929 E -mail: mario @ccusa.net INDEPENDENT AUDITORS' REPORT ON COMPLIANCE AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS We have audited the financial statements of East Naples Fire Control and Rescue District (the "District ") as of and for the year ended September 30, 2002, and have issued our report thereon dated December 4, 2002. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether the District's financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations, contracts and grants, noncompliance with which could have a direct and material effect on the determination of financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit, and accordingly, we do not express such an opinion. The result of our tests disclosed the following instance of noncompliance that is required to be reported under Government Auditing Standards. The East Naples Fire Control and Rescue District over expended their September 30, 2002 appropriated budget for the Special Revenue Funds by $19,932. Internal Control over Financial Reporting In planning and performing our audit, we considered the District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the financial statements and not to provide assurance on the internal control over financial reporting. However, we noted certain matters involving the internal control over financial reporting and its operation that we consider to be reportable conditions. Reportable conditions involve matters coming to our attention relating to significant deficiencies in the design or operation of the internal control over financial reporting that, in our judgment, could adversely affect the District's ability to record, process, summarize, and report financial data consistent with the assertions of management in the financial statements. Reportable conditions are described in the accompanying schedule of findings and plan of corrective action on page 25. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level the risk that misstatements in amounts that would be material in relation to the financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control that might be reportable conditions and, accordingly, would not necessarily disclose all reportable conditions that are also considered to be material weaknesses. However, we believe that none of the reportable conditions described above is a material weakness. ORMEMBER AMERICAN INSTITUTE OF CPA's • DIVISION FOR CPA FIRMS • ILLINOIS CPA SOCIETY - FLORIDA INSTITUTE OF CPA's -23- Board of Commissioners East Naples Fire Control and Rescue District Page 2 1611 In addition to the above reportable condition, we noted other matters involving the internal control over financial reporting that we have reported to management of the District in a separate letter dated December 4, 2002. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. Perrino & Associates Certified Public Accountants December 4, 2002 -24- East Naples Fire Control and Rescue District Schedule of Findings and Plan of Corrective Action For the Year Ended September 30, 2002 Summary of Auditors' Findings Financial Statements Type of auditor's report issued: Internal control over financial reporting: unqualified Material Weakness(es) identified? No Reportable condition(s) identified that are not considered to be material weaknesses? Yes Noncompliance material to general purpose financial statements noted? No Federal Awards N/A 2. Financial Statements Findings 02 -1 Budget - During our testing of the financial records of the District and in preparing our report we determined that the District had over expended its appropriated budget for the Special Revenue Funds for the year ended September 30, 2002. We recommend that the District reconcile on a monthly basis their expenditures to budget for the Special Revenue Funds in order to determine if they need to amend their budget to stay in compliance with the Florida Statutes, and then amend the budget when the expenses exceed the budget or when they anticipate that expenses will be greater than originally budgeted. 02 -2 Interfund Transfers - During our audit we noted that the District transferred funds from the General Fund checking account to the Impact Fund checking account for the payment of a fire district vehicle. This was a permanant transfer of funds and was not reflected as such in the financial statements. We recommend that the District develop a system to ensure that all permanent transfers are properly recorded. 02 -3 Interfund Payables /Receivables - The District has large interfund receivables /payables between the General Fund and the Internal Service Fund that have been outstanding and growing for a number of years. We recommend that the District either permanently transfer these interfund transactions or begin to repay these loans. Management's Response: 02 -1 - The District has established a procedure whereby the financial officer will provide a budget to actual comparison for all funds on a monthly basis, in order to allow the District to amend their General and Special Revenue budget as necessary. 02 -2 & 02 -3 - The District will establish a procedure to track all permanent interfund transfers to ensure that they are properly recorded in the records of the District. The District will also either set up a repayment schedule for the interfund receivable /payables or else determine if the District can permanently transfer these funds. -25- Suite 163 4100 Corporate Square Naples, Florida 34104 Telephone (941) 434 -8299 Fax(941)434 -7240 Board of Commissioners East Naples Fire Control and Rescue District Naples, Florida Commissioners: Certified Public Accountants and Consultants A Professional Corporation Management Letter flmlow I Suite 300 214 South Sixth Street Springfield, Illinois 62701 Telephone (217) 523 -4123 Fax(217)523 -5929 E -mail: mario@ccusa.net This letter is in regards to the independent auditors' report on internal control and is prepared in accordance with the Rules of the Auditor General chapter 10.550. The financial report filed with the Department of Banking and Finance pursuant to Section 218.32, Florida Statutes, has not been filed as of the date of this letter. The District prepared the financial report and it is in agreement with the annual financial audit report for the year ended September 30, 2002. 1. PRIOR YEAR RECOMMENDATIONS East Naples Fire Control and Rescue District implemented prior year recommendations 01 -2, 01 -3, 01 -4 and 01 -5. 01 -1 Budget - The District is reconciling its monthly expenses to budget for the General Fund, however the District over expended its appropriated budget for the Special Revenue Funds for the year ended September 30, 2002. We recommend that the District amend their budget when they anticipate that expenses are going to be greater than originally budgeted, and that they expand their monthly reconciling to include the Special Revenue Funds. 2. CURRENT YEAR'S RECOMMENDATIONS 02 -1 Budget - During our testing of the financial records of the District and in preparing our report we determined that the District had over expended its appropriated budget in the Special Revenue Funds for the year ended September 30, 2002. We recommend that the District continue to reconcile on a monthly basis their expenditures to budget and to expand this practice to include the Special Revenue Funds in order to determine if the need to amend their budget to stay in compliance with the Florida Statutes, and to amend the budget when the expenses exceed the budget or when they anticipate that expenses will be greater than originally budgeted. 02 -2 Interfund Transfers - During our audit we noted that the District transferred funds from the General Fund checking account to the Impact Fund checking account for payment of a fire district vehicle. This was a permanent transfer of funds and was not reflected as such in the District's financial statements. We recommend that the District develop a system to ensure that all permanent transfers are properly reflected in the financial records of the District. 02 -3 Interfund Payables and Receivables - The District has large interfund receivables /payables between the General Fund and Internal Service Fund that have been outstanding and growing for a number of years. We recommend that the District either permanently transfer those interfund transactions or else begin to repay these loans. ORMEMBER AMERICAN INSTITUTE OF CPA's - DIVISION FOR CPA FIRMS - ILLINOIS CPA SOCIETY - FLORIDA INSTITUTE OF CPA's -26- Board of Commissioners East Naples Fire Control and Rescue District Page 2 3. DISTRICT'S ABILITY TO CONTINUE 111 During our audit of the general purpose financial statements of East Naples Fire Control and Rescue District, as of and for the year ended September 30, 2002 nothing came to our attention that led us to believe that the District is in a state of financial emergency as defined in the Rules of the Auditor General Chapter 10.550. 4. INVESTMENT OF PUBLIC FUNDS The East Naples Fire Control and Rescue District complied with Section 218.415(17), Florida Statutes, regarding investment of public funds. 5. FINANCIAL CONDITION ASSESSMENT During our audit of the general purpose financial statements of East Naples Fire Control and Rescue District, we applied financial condition assessment procedures pursuant to Section 10.556(8) and Section 10.554(1)(9)6.c. of the rules of the Auditor General of the State of Florida. This report is intended for the information of management and the Board of Commissioners of the District, and should not be used for any other purpose. This restriction is not intended to limit the distribution of this report which, upon acceptance by the Board of Commissioners of the District, and the Auditor General of the State of Florida, is a matter of public record. We wish to express our appreciation for the cooperation and courtesy extended to us by Chief Schank, Assistant Chief Potteiger, Financial Officer Lisa Herndon, Mary Friday and other District employees during our engagement. We are always available to discuss this letter or other matters with you at any time. Perrino & Associates Certified Public Accountants December 4, 2002 -27- MEMORANDUM 1611 1. Misc. Correspondence Agenda Date Agenda Item # TO: Sue Filson, Administrative Assistant Board of County Commissioners FROM: Derek Johnssen, General Accounting Manager Clerk of the Circuit Court/Finance Department DATE: March 19, 2003 RE: Miscellaneous Correspondence - BCC Agenda Please place the following items on the next available BCC agenda and call me at extension 8350 with the date and Miscellaneous Correspondence agenda item number. D VI 'S ,ARD N WATIFIR CONTRoL DISTRI .T 1. Pursuant to Florida Statutes Chapters 189 and 190, Devil's Garden Water Control District, has submitted the following: (a) Audit FY02 (b) Management Letter Thank you lspeciallspecial b RECEIVED FEB 10 2003 FINANCE DEPT DEVIL'S GARDEN WATER CONTROL DISTRICT GENERAL PURPOSE FINANCIAL STATEMENTS TOGETHER WITH REPORTS OF INDEPENDENT AUDITOR YEAR ENDED SEPTEMBER 30, 2002 I 71 3 x x "Tt U? Z cn -I Z n c P K a N 3 (fl 1 (D r'o :: p (D G (D (D m w m m = -O ? CD ? 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N J W N (D 71 O i c 0 c C i 6 �' v m v W c C O u � ffl fig TF (D 3 O j c rn 0 o W M O CO W O a 3 o w o 3 a CD CD < 5 �. N O� :-n W 1 (D 0) 0 W O W O 09 E) b9 ffi N A A N P Ll N W 0 N co CD CO O fA N 4N. N J W N (D i c c C c C u � ffl fig (D 3 O j w N W M O CO W O a 3 1611 . YES Submit one (1) copy of the audit report, (management letter version), with the completed certification page, and any component unit reports, if filing electronically, or with all completed forms if filing manually. YES Annual Financial Report must be filed electronically, or postmarked by April 30, 2003 if an audit is not required in accordance with_ Section 218.39 F.S., or within 45 days after the completion of the audit report, but no later than 12 months after the end of the fiscal year. There are no provisions in the statutes for any extensions for filing the Annual Financial Report. Nonfilers are subject to having state revenue sharing funds withheld until reporting deficiencies are remedied. Note mailing address for the annual report: Department of Banking and Finance * Bureau of Accounting Room 414, Fletcher Building 101 E. Gaines Street Tallahassee, FL 32399 -0350 * Effective 1 -7 -03: Department of Financial Services Bureau of Accounting 200 E. Gaines Street Tallahassee, FL 32399 -0354 Do not hesitate to contact this office if assistance or clarification is needed regarding reporting requirements. Our telephone and fax numbers are as follows: Otis Smith Jeanne Dowdrick Burton Marshall Hal Foy (850)410 -9347 (850)410 -9344 (850)410 -9365 (850)410 -9345 Suncom 210 -9347 Suncom 210 -9344 Suncom 210 -9365 Suncom 210 -9345 FAX (850)410 -9993 Suncom 210 -9993 STATE OF FLORIDA ANNUAL FINANCIAL REPORT OF UNITS OF LOCAL GOVERNMENT (SECTION 218.32, FLORIDA STATUTES) PREPARER'S CHECKLIST 16 1114 YES Verify that the name on the certification page is correct for your unit. N/A If you will be using reporting forms generated by your own computer system, rather than filing electronically, check to see that they mirror our forms. (Please note, there have been changes to the names of various funds.) YES Report in whole dollars. yFS Are revenues and expenditures /expenses reported by fund group, i.e., General Fund, Special Revenue Fund, Debt Service Fund, Capital Project Fund, Permanent Fund, Enterprise Fund, Internal Service Fund, Pension Fund and Trust Fund? Use account codes only once; across fund columns where applicable. YES Are all like funds rolled up and reported as one fund group? YES— Are all account codes consistent with those listed in the Uniform Accounting System Manual? ONLY ACCOUNT CODES THAT APPEAR ON THE ENCLOSED LIST CAN BE USED. PLEASE CALL IF ADDITIONAL ACCOUNT NUMBERS ARE NEEDED. YES Check to see that Revenue codes contain 6 digits, none of which is an X. For example, 313.XXX should be reported as 313.100, 313.200, 313.300, etc. Codes with X's cannot be entered electronically or entered manually into our database and forms containing these codes will be returned as unacceptable. (Refer to the enclosed list, or the Uniform Accounting System Manual for valid codes.) YES_ Check to see that Expenditure/Expense codes contain 5 digits, 2 of which represent object codes (10, 30, 60, 70, 80, 90) such as 513.10, 513.30, 513.60, etc. Do not list sub - objects such as 513.11, 513.21, 513.23, etc. when filing manually; electronic filing will not accept incorrect account codes. All expenditures /expenses are to be rolled up to the 10 (11 -29), 30 (31 -59), 60 (61- 67), 70 (71 -73), 80 (81 -83), 90 (91 -99) levels. Manual reporting forms which present sub - object detail will be returned as unacceptable. (Refer to the enclosed list, or the Uniform Accounting System manual for valid codes.) N/A If you are reporting a discretely presented component unit, record the revenues and expenditures under the COMPONENT UNIT column as you would for any other fund group. N/A If you are reporting a dependent district, make sure to complete Component Unit Reporting – Part 1 and Component Unit Reporting – Part 2 forms manually. They should be submitted along with the certification page, if filing electronically, or with the annual report if filing manually. Add any units you may have that are not listed. Also, please list any independent special district which is reported as a component unit by your agency. N A If filing electronically, has the certification page been completed and signed by the Chairman of the Board and the Chief Financial Officer and mailed? YES If filing manually, have all applicable parts of the form been completed and has the certification page been completed and signed by the Chairman of the Board and the Chief Financial Officer and mailed? AUDITOR GENERAL i O 11 iii LOCAL GOVERNMENTAL ENTITY AUDIT REPORT SUBMITTAL CHECKLIST (SECTION 218.39, FLORIDA STATUTES) (To be submitted with the 2001 -2002 fiscal year audit report) Local Governmental Entity Name Devils Garden Water Control District Contact Person Name and Title L. Craig Simmons, Treasurer Contact Person Phone Number (863) 675 -2966 Contact Person Email Address Fiscal Year Audited September 30 2002 Date Auditor Delivered Audit Report to Local Government Does the audit report include the following items required Auditor General Rule 10.557(3): Required for municipalities special districts the county as a whole and county agencies ** YES The financial statements described in Auditor General Rules 10.556(3) through (5), as applicable, together with related notes to financial statements? N/A Required supplementary information (RSI) such as the Management's Discussion and Analysis (not required for county agencies), or the Budgetary Comparison Schedule (required as RSI if not presented as part of the financial statements), for entities that have implemented GASB 34? YES The auditor's report on the financial statements? YES The auditor's report on compliance and internal control? YES The management letter defined in Auditor General Rule 10.554(1)(g)? YES The written statement of explanation or rebuttal required by Auditor General Rule 10.558(1)? * * Pursuant to Section 218.39(2), Florida Statutes, an audit of the board of county commissioners is not required. However, if the county report includes an audit of the board of county commissioners, it should include the items by Auditor General Rule 10.557(3). Required for municipalities special districts and the county as a whole N/A Any auditor's reports and related financial information required pursuant to the Federal Single Audit Act Amendments of 1996, OMB Circular A -133, or other applicable Federal law? N/A Any auditor's reports and related financial information required pursuant to the Florida Single Audit Act (see Auditor General Rule 10.557(3)(d))? Page 1 of 2 1611' In addition to the above, have the following requirements been complied with: YES Are all of the above elements of the audit report included in a single bound document as required by Auditor General Rule 10.557(3)? YES_ Are two copies of the audit report being submitted as required by Auditor General Rule 10.558(2)? YES Was the audit report submitted within 45 days after the completion of the audit, but no later than 12 months after the end of the fiscal year? NOTE: There are no provisions in the statutes for any extensions for filing the audit report. Nonfilers are subject to having state revenue sharing fiends withheld, or may be subjected to other penalties, for failure to file an audit report. N/A If the audit report is for a county or municipality, and a dependent special district was audited as part of the county or municipality audit, did the notes to financial statements clearly indicate that the special district had been included as part of the county's or municipality's reporting entity? NOTE: Pursuant to Section 218.39(3), Florida Statutes, an independent special district may not be audited as part of a county or municipality audit. When a dependent special district is audited as part of the county or municipality audit, the county or municipality notes to financial statements should clearly disclose that the special district is a component unit included within the county's or municipality's reporting entity. This checklist should accompany the audit report. It is suggested that you retain a copy of the checklist for your files. Do not hesitate to contact this office if assistance or clarification is needed regarding reporting requirements. Our telephone and fax numbers, and electronic addresses, are as follows: New Address — Auditor General's Office Local Government Audits /342 Claude Pepper Building, Room 401 111 West Madison Street Tallahassee, FL 32399 -1450 Telephone: (850) 487 -9031 Suncom: 277 -9031 Fax: (850) 487 -4403 Fax - Suncom: 277 -4403 Email Address: flaudeen local govt and state tl us Web site Address: www.state.flais/audgen Page 2 of 2 1611 ? TABLE OF CONTENTS Page(s) Independent Auditor's Report .......................................................... ............................... 1 -2 General Purpose Financial Statements Combined Balance Sheet - Governmental Fund Type and Account Group ........................... ............................... Statement of Revenue, Expenditures and Changes in Fund Balance - General Fund .................................................. ............................... 4 Statement of Revenue, Expenditures and Changes in Fund Balance - Budget and Actual - GeneralFund ................................................................................ ............................... 5 Notes to the General Purpose Financial Statements ...................... ............................... 6 -13 Additional Reports of Independent Auditor Independent Auditor's Report on Compliance and on Internal Control over Financial Reporting Based on an Audit of General Purpose Financial - Statements Performed in Accordance with Government Auditing Standards ................................................. ............................... 14 -15 -- Independent Auditor's Report to Management .............................. ............................... 16 -17 Management's Response to the Independent Auditor's Report to Management ................................................. ............................... Exhibit Marhham 0 ;1 o slroemer qYAC7t091h0V)V anyP.fl. Business Consultants / Certified Public Accountants INDEPENDENT AUDITOR'S REPORT Board of Supervisors Devil's Garden Water Control District 1611 Mm r American Institute of Certified Public Accountants Tax Division Private Companies Practice Section Management Consulting Services Division Florida Institute of Certified Public Accountants Government Finance Officers Association Florida Association of Special Districts Financial Consulting Group P.O. Box 338 LaBelle, Florida 33975 We have audited the accompanying general purpose financial statements of Devil's Garden Water Control District (the "District ") as of September 30, 2002 and for the year then ended. These general purpose financial statements are the responsibility of the District's management. Our responsibility is to express an opinion on these general purpose financial statements based on our audit. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Govermnent Auditing Standards, issued by the Comptroller General of the United States. Those standards require that we plan and perform the audit to obtain reasonable assurance about whether the general purpose financial statements are free of material misstatement. An audit includes examining on a test basis, evidence supporting the amounts and disclosures in the general purpose financial statements. An audit also includes assessing the accounting principles used and significant estimates made by management, as well as evaluating the overall general purpose financial statement presentation. We believe that our audit provides a reasonable basis for our opinion. In our opinion, the general purpose financial statements referred to above present fairly, in all material respects, the financial position of Devil's Garden Water Control District as of September 30, 2002, and the results of its operations for the year then ended in conformity with accounting principles generally accepted in the United States of America. In accordance with Government Auditing Standards, we have also issued our report dated January 7, 2003 on our consideration of Devil's Garden Water Control District's internal control over financial reporting and our tests of its compliance with certain provisions of 8961 Conference Drive • Fort Myers, FL 33919 • (239) 433 -5554 • Far (239) 433 -2824 • Toll Free (888) 457 -7360 3838 Tamiami Trail North, Suite 302 • Naples, FL 34103 • (239) 434 -7556 • Fax (239) 434 -6480 Web Site: www.ninsepa.com 1N 4�, Board of Supervisors Devil's Garden Water Control District Page 2 laws, regulations and contracts. That report is an integral part of an audit performed in accordance with Government Auditing Standards, and should be read in conjunction with this report in considering the results of our audit. MARKHAM NORTON STROEMER & COMPANY, P.A. Fort Myers, Florida January 7, 2003 Boil DEVIL'S GARDEN WATER CONTROL DISTRICT Page 3 of 17 COMBINED BALANCE SHEET - GOVERNMENTAL FUND TYPE AND ACCOUNT GROUP September 30, 2002 Governmental Account Fund Type Group Totals General General Fixed (Memorandum Fund Assets Only) ASSETS Cash and cash equivalents $ 312,566 $ - $ 312,566 Property and equipment - 1,104,857 1,104,857 TOTAL ASSETS $ 312,566 $ 1,104,857 $ 1,417,423 LIABILITIES, FUND EQUITY AND OTHER CREDIT LIABILITIES Vouchers payable $ 21,471 $ - $ 21,471 Due to other governments 408 - 408 TOTAL LIABILITIES 21,879 - 21,879 FUND EQUITY AND OTHER CREDIT Investment in general fixed assets Fund balance Unreserved, designated TOTAL FUND EQUITY AND OTHER CREDIT TOTAL LIABILITIES, FUND EQUITY AND OTHER CREDIT - 1,104,857 290,687 - 290,687 1,104,857 1,104,857 1,395,544 $ 312,566 $ 1,104,857 $ 1,417,423 The accompanying notes are an integral part of this statement. 1611 _ DEVIL'S GARDEN WATER CONTROL DISTRICT Page 4 of 17 STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - GENERAL FUND Year Ended September 30, 2002 Amount REVENUE Maintenance taxes $ 205,924 Interest 8,809 TOTAL REVENUE 214,733 EXPENDITURES Current _ General government Administration 113,310 Physical environment Field operations 112,039 Capital outlay 24,129 TOTAL EXPENDITURES 249,478 _ EXCESS OF EXPENDITURES _ OVER REVENUE (34,745) _ FUND BALANCE, October 1, 2001 325,432 FUND BALANCE, September 30, 2002 $ 290,687 The accompanying notes are an integral part of this statement. DEVIL'S GARDEN WATER CONTROL DISTRICT STATEMENT OF REVENUE, EXPENDITURES AND CHANGES IN FUND BALANCE - BUDGET AND ACTUAL - GENERAL FUND Year Ended September 30, 2002 REVENUE Maintenance taxes Less: Discounts Interest TOTAL REVENUE EXPENDITURES Current General government - Administration Accounting fees Legal & regulatory Tax collection fees Engineering Advertising Dues Insurance Other miscellaneous Subtotal - Administration Physical environment - Field Operations Canal spraying Maintenance 1611 %A Page 5of17 Budget Actual $ 213,800 $ 214,380 $ (8,552) (8,456) 205,248 205,924 Variance Favorable (Unfavorable) 580 96 676 220,248 214,733 (5,515) 4,000 3,750 250 40,000 96,284 (56,284) 4,276 4,161 115 3,500 3,268 232 250 29 221 500 175 325 2,500 5,593 (3,093) 81,276 113,310 122,000 Subtotal -Field Operations 172,000 Physical environment - Capital outlay Capital outlay 50,000 Subtotal- Capital outlay 50,000 TOTAL EXPENDITURES 303,276 EXCESS OF EXPENDITURES OVER REVENUE $ (83,028) FUND BALANCE, October 1, 2001 FUND BALANCE, September 30, 2002 The accompanying notes are an integral part of this statement. 51,600 24,129 24,129 249,478 (34,745) $ 325,432 $ 290,687 - -- 70,400 25,871 25,871 53,798 48,283 1611 DEVIL'S GARDEN WATER CONTROL DISTRICT Page 6 of 17 NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES Organization Devil's Garden Water Control District (the "District "), is an independent special district created by Circuit Court Order No. 71 -42 on May 4, 1971 as amended by House Bill 509 and Laws of Florida, Chapter 87 -473, under the provisions of Florida - Statute 298, and as further amended, reenacted and codified as Laws of Florida, Chapter 2000 -481, effective July 5. 2000. The District was formed for the purpose of preserving and protecting water resources by drainage, irrigation, or water -` management for approximately 126,698 acres in Hendry and Collier Counties. The District is governed by a three (3) member Board of Supervisors elected by the landowners of the District. Substantially, all the land within the District is owned by Alico, Inc. Alico, Inc. pays substantially all, approximately 99 %, the taxes assessed by the District. Alico, Inc. has no plans to sell its land holdings within the District. During fiscal year 1996, Alico, Inc. sold approximately 22,000 acres of land to an unrelated water management district. As a condition of the sale, the subject 22,000 acres were eliminated as taxable acreage of the Devil's Garden Water Control District as were another approximately 10,000 acres that became non - contiguous land due to the sale. As approved by Circuit Court Order 97- 104CA, the District's taxable acreage was reduced to approximately 95,626 acres beginning in fiscal year 1998. The District, subsequent to the sale and related boundary change, is wholly situated within Hendry County. During fiscal year 1999, Alico, Inc. sold approximately 10,106 acres of land to an unrelated water management district. Again, as a condition of the sale the subject 10,106 acres were eliminated as taxable acreage of the Devil's Garden Water Control District. As approved by Senate Bill 2708, the taxable acreage within the District was reduced to approximately 85,556 acres effective for the fiscal year 2000 maintenance tax assessment. During the year ended September 30, 2002, the District de- annexed 194 acres pursuant to Laws of Florida, Chapter 2002 -340. Therefore, the taxable acreage of the Devil's Garden Water Control District was reduced to approximately 85,362 effective for the fiscal year 2003 maintenance tax assessment. 1611 : DEVIL'S GARDEN WATER CONTROL DISTRICT Page 7 of 17 ' NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Summary of Significant Accounting Principles The following is a summary of the significant accounting policies used in the preparation of these general purpose financial statements. Reporting entity The District has adopted Governmental Accounting Standards Board (GASB) Statement Number 14, "Financial Reporting Entity," as amended by GASB Statement Number 39, "Determining Whether Certain Organizations Are Component Units." These statements require the financial statements of the District (the primary government) to include its component units, if any. A component unit is a legally separate organization for which the elected officials of the primary -. government are financially accountable. Based on the criteria established in GASB 14, as amended, there are no component units included in the District's financial statements. Fund accounting The accounts of the District are organized on the basis of fund types and an account group, each of which is considered a separate accounting entity. The operations of the funds are accounted for with a separate set of self - balancing accounts that comprise its assets, liabilities, fund equity, revenue and expenditures, as appropriate. Government resources are allocated to and accounted for in individual funds based upon the purposes for which they are to be spent and the means by which spending activities are controlled. The various funds are grouped in the financial statements into generic fund types, as follows: Governmental Fund Types General Fund - The General Fund is the general operating fund of the District. It accounts for all District financial resources. Account Group General Fixed Assets - This account group is used to account for all fixed assets of the District. DEVIL'S GARDEN WATER CONTROL DISTRICT Page 8 of 17 NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Measurement focus Governmental Fund Types - The General Fund is accounted for on a "spending" - or "financial flow" measurement focus. This means that only current assets and current liabilities are generally included on the balance sheet. Accordingly, the reported unreserved fund balance (net current assets) is considered a measure of available, spendable or appropriable resources. Governmental Fund Type operating statements present increases (revenue and other financing sources) and decreases (expenditures and other financing uses) in net current assets. Account Group - The General Fixed Assets Account Group is concerned only ° with the measurement of financial position. It is not involved with the measurement of results of operations. Basis of accounting Basis of accounting refers to when revenue and expenditures are recognized in the accounts and reported in the general purpose financial statements. Basis of accounting relates to the timing of the measurement made, regardless of the w measurement focus applied. The Governmental Fund Type is accounted for using the modified accrual basis of accounting, whereby revenue is recognized when it becomes measurable and available as net current assets. Taxpayer assessed income and gross receipts are considered - "measurable" when in the hands of intermediary collecting governments and are recognized as revenue at that time. Anticipated refunds of such taxes are recorded as liabilities and reductions of revenue when they become measurable and their validity seems certain. Expenditures are generally recognized under the modified accrual basis of accounting when the related fund liability is incurred. Exceptions to this general rule include: (1) principal and interest on general long -term debt, if any, which is recognized when due; and (2) expenditures are not divided between years by the recording of prepaid expenditures. 16�1 DEVIL'S GARDEN WATER CONTROL DISTRICT Page 9 of 17 ` NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Fixed assets Fixed assets used in Governmental Fund Type operations (general fixed assets) are accounted for in the General Fixed Assets Account Group, rather than in the governmental funds. No depreciation has been provided on general fixed assets. Substantially all fixed assets are valued at estimated historical cost as actual historical cost is not available. Donated fixed assets are valued at their estimated fair market value on the date donated. Public domain (infrastructure) general fixed assets consisting of certain improvements other than buildings, including canals, culverts, and other drainage systems, are capitalized. No debt related interest expense is capitalized as part of general fixed assets. Budgets and budgetary accounting The Board of Supervisors designated the use of any remaining unreserved fund balance for payment of unanticipated emergency operating expenses. The District follows these procedures in establishing budgetary data for the General Fund. 1. During the summer of each year, the Treasurer submits to the Board of Supervisors a proposed operating budget for the fiscal year commencing on the upcoming October 1. The operating budget includes proposed expenditures and - the means of financing them. 2. Public hearings are conducted to obtain taxpayer /landowner comments. 3. The budget is adopted by approval of the Board of Supervisors. 4. Budget amounts, as shown in these general purpose financial statements, are as originally adopted or as amended by the Board of Supervisors. 5. The budget is adopted on a basis consistent with accounting principles generally accepted in the United States of America. 6. The level of control for appropriations is exercised at the fund level. 7. Appropriations lapse at year -end. The District budgeted expenditures of $83,028 in excess of revenues to be funded through the use of prior year unreserved fund balance. There were no budget amendments for the year ended September 30, 2002. DEVIL'S GARDEN WATER CONTROL DISTRICT Page 10 of 17 NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE A - SUMMARY OF SIGNIFICANT ACCOUNTING POLICIES, CONTINUED Encumbrances Encumbrance accounting, under which purchase orders, contracts and other - commitments for the expenditure of monies are recorded in order to reserve that portion of the applicable appropriation, is not employed by the District because, at - present, it is not necessary in order to assure effective budgetary control or to facilitate effective cash planning and control. Management estimates The preparation of financial statements in conformity with accounting principles generally accepted in the United States of America requires management to make estimates and assumptions that affect the reported amounts of assets, liabilities and disclosure of contingent assets and liabilities at the date of the financial statements and the reported amounts of revenues and expenditures during the reporting period. Actual results could differ from those estimates. Total columns on combined financial statements The total columns on the combined financial statements are captioned "Memorandum Only" to indicate that they are presented only to facilitate financial analysis. Data in these columns do not present financial position or results of operations in conformity with accounting principles generally accepted in the United States of America. Neither is such data comparable to a consolidation. Interfund eliminations have not been made in the aggregation of this data. NOTE B - CASH AND CASH EQUIVALENTS At September 30, 2002 cash and cash equivalents were $312,566. Deposits The District's deposit policy allows deposits to be held in demand deposit or money market accounts. District policy requires all depositories used by the District to be banks or savings institutions designated as qualified depositories by the State Treasurer. DEVIL'S GARDEN WATER CONTROL DISTRICT Page 11 of 17 NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE B - CASH AND CASH EQUIVALENTS, CONTINUED Deposits, Continued At September 30, 2002 the carrying amounts and bank balances of the District's - deposits were $312,566 and $329,202 respectively in the General Fund. These deposits were entirely covered by federal depository insurance or by collateral pursuant to the Public Depository Security Act (Florida Statute 280) of the State of - Florida. All deposits were held in a qualified public depository at September 30, 2002. NOTE C - CHANGES IN GENERAL FIXED ASSETS The following is a summary of changes in general fixed assets for the year ended September 30, 2002: Improvements other than buildings Canals Culverts NOTE D - RELATED PARTIES Balance Balance October 1, September 30, 2001 Additions Deletions 2002 $ 640,000 $ - $ - $ 640,000 440,728 24,129 - 464,857 $ 1,080,728 $ 24,129 $ - $ 1,104,857 Alico, Inc., the District's majority landowner, provides certain maintenance and canal cleaning to the District at no cost to the District. Alico, Inc. also provides accounting, personnel, office supplies and office space (including phone and fax) to the District free of charge. No amounts related to these services provided free of charge, have been recorded, as no reasonable basis to calculate such amounts has been determined. Board of Supervisor fees of $50 were paid during the fiscal year to Supervisors. The District pays Alico, Inc., as a contractor, for canal cleaning. During the year ended September 30, 2002, the District paid Alico, Inc. $57,488 for canal cleaning, including $13,914 recorded as accounts payable at September 30, 2002. 161149 DEVIL'S GARDEN WATER CONTROL DISTRICT Page 12 of 17 NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS September 30, 2002 NOTE E - MAINTENANCE AND INSTALLMENT TAXES Maintenance and installment taxes are generally levied on November 1 of each year, after formal adoption of the District's budget, and become due and payable upon receipt of the Tax Notice. Discounts are allowed for payment of maintenance taxes prior to March 1 of the following year. On April 1, any unpaid taxes become delinquent. If the taxes remain unpaid, tax certificates are then offered for sale to the general public. The billing, collection, and related recordkeeping of all maintenance and installment taxes is performed for the District by the Hendry County Tax Collector. Taxes are recognized as revenue when levied to the extent that they result in current receivables. Key dates in the maintenance and installment tax cycle (latest date, where appropriate) are as follows: - Prior to July 1 * Maintenance assessment annual tax levy resolution submitted to the Hendry County Property Appraiser. November 1 * Taxes are due and payable (levy date) with various discount provisions through March 31. April 1 * Taxes become delinquent. Prior to June 1 * Tax certificates sold by the respective County. Under the provisions of Chapter 298.54 of the Florida Statutes, the Board of Supervisors of the District levied a uniform maintenance tax of $2.50 per acre of land within the District to pay the operating costs for the year ended September 30, 2002. These costs include field operations, surveys, engineering, legal and accounting fees and other expenses as judged necessary by the Board. DEVIL'S GARDEN WATER CONTROL DISTRICT Page 13 of 17 -' NOTES TO THE GENERAL PURPOSE FINANCIAL STATEMENTS _ September 30, 2002 NOTE F - SELF - INSURANCE PLAN The District is a member of the Florida League of Cities self - insurers program for general /professional liability. The program purchases excess and other specific coverages from third party carriers. Members of the program are annually assessed and billed quarterly for their portion of the program and are not assessable for - unanticipated losses incurred by the program. Maximum liability coverage is $300,000. Premiums charged during the year ended September 30, 2002 totaled $5,540. NOTE G - REDUCTION OF LAND WITHIN THE DISTRICT During the year ended September 30, 2002, the State legislature approved, pursuant to Laws of Florida, Chapter 2002 -340, the District's resolution to reduce the taxable land within the District by 194 acres. The land was considered environmentally sensitive land and was conveyed to a public entity. The conveyance of land will be eliminated from the taxable land within the District for the District's fiscal year 2003. ADDITIONAL REPORTS OF INDEPENDENT AUDITOR Y ZZlardlham V or 0 Smoeer CompanjPV Business Consultants / Certified Public Accountants beqjerld 11,14 America oun tants Tax Division Private Companies Practice Section Management Consulting Services Division Florida Institute of Certified Public Accountants Government Finance Officers Association Florida Association of Special Districts Financial Consulting Group Page 14 of 17 INDEPENDENT AUDITOR'S REPORT ON COMPLIANCE - AND ON INTERNAL CONTROL OVER FINANCIAL REPORTING BASED ON AN AUDIT OF GENERAL PURPOSE FINANCIAL STATEMENTS PERFORMED IN ACCORDANCE WITH GOVERNMENT AUDITING STANDARDS Board of Supervisors Devil's Garden Water Control District P.O. Box 338 LaBelle, Florida 33975 We have audited the general purpose financial statements of Devil's Garden Water Control District as of and for the year ended September 30, 2002, and have issued our report thereon dated January 7, 2003. We conducted our audit in accordance with auditing standards generally accepted in the United States of America and the standards applicable to financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States. Compliance As part of obtaining reasonable assurance about whether Devil's Garden Water Control District's general purpose financial statements are free of material misstatement, we performed tests of its compliance with certain provisions of laws, regulations and contracts, noncompliance with which could have a direct and material effect on the determination of general purpose financial statement amounts. However, providing an opinion on compliance with those provisions was not an objective of our audit and, accordingly, we do not express such an opinion. The results of our tests disclosed no instances of noncompliance that are required to be reported under Government Auditing Standards. However, we noted a certain instance of noncompliance that we have reported to the management of Devil's Garden Water Control District in our Report to Management dated January 7, 2003. 8961 Conference Drive • Fort Myers, FL 33919 • (239) 433 -5554 • Far (239) 433 -2824 • Toll Free (888) 457 -7360 3838 Tamiami Trail North, Suite 302 • Naples, FL 34103 • (239) 434 -7556 • Fax (239) 434 -6480 Web Site: www.mnscpa.com 1511�+� Page 15 of 17 Internal Control Over Financial Reporting In planning and performing our audit, we considered Devil's Garden Water Control District's internal control over financial reporting in order to determine our auditing procedures for the purpose of expressing our opinion on the general purpose financial statements and not to provide assurance on the internal control over financial reporting. Our consideration of the internal control over financial reporting would not necessarily disclose all matters in the internal control over financial reporting that might be material weaknesses. A material weakness is a condition in which the design or operation of one or more of the internal control components does not reduce to a relatively low level of risk that misstatements in amounts that would be material in relation to the general purpose financial statements being audited may occur and not be detected within a timely period by employees in the normal course of performing their assigned functions. We noted no matters involving the internal control over financial reporting and its operation that we considered to be a material weakness. This report is intended solely for the information and use of the Board of Supervisors, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. ALL 4�t�� lep WP 4, MARKHAM NORTON STROEMER & COMPANY, P.A. Fort Myers, Florida January 7, 2003 11 wiham orton S/70 mer &Y-1 G'om ,pan 1..fl. Business Consultants / Certified Public Accountants 1611 :.: Member American Institute of Certified Public Accountants Tax Division Private Companies Practice Section Management Consulting Services Division Florida Institute of Certified Public Accountants Government Finance Officers Association Florida Association of Special Districts Financial Consulting Group Page 16 of 17 INDEPENDENT AUDITOR'S REPORT TO MANAGEMENT Board of Supervisors Devil's Garden Water Control District P.O. Box 338 LaBelle, Florida 33975 We have audited the general purpose financial statements of Devil's Garden Water Control District (the "District "), as of and for the fiscal year ended September 30, 2002, and have issued our report thereon dated January 7, 2003. In connection with our audit, we are submitting the following comments and recommendations in accordance with Chapter 10.550 "Rules of the Auditor General - Local Governmental Entity Audits" (revised September 30, 2002) Rule 10.557(3) and Section 218.39(4), of the Florida Statutes. PRIOR YEAR COMMENTS THAT CONTINUE TO APPLY: No prior year comments remain unresolved. CURRENT YEAR COMMENTS: 1. Revised Investment Policy Should be Adopted During the year ended September 30, 2002, we noted the District had only invested in cash and cash equivalents which complies with the revised F.S. 218.415(17). Per Florida Statute 218.415, we recommend the District formally adopt a resolution to abide by F.S. 218.415(17). Such decision should be recorded in the minutes. 8961 Conference Drive • Fort Myers, FL 33919 • (239) 433 -5554 • Fax (239) 433 -2824 • Toll Free (888) 457 -7360 3838 Tamiami Trail North, Suite 302 • Naples, FL 34103 • (239) 434 -7556 • Fax (239) 434 -6480 Web Site: www.mnscpa.com 1611 •# . Page 17 of 17 We have included in this letter all comments which came to our attention during the course of our audit regarding Items 1 through 6, as applicable, of the "Rules of the Auditor General -Local Governmental Entity Audits," Rule 10.554, Section (1)(g). In regard to Item 2, we represent that the District has complied with 218.415 regarding investment of public funds, except as noted above. In regard to item 6(a), nothing came to our attention to cause us to believe that at any time during the year the Devil's Garden Water Control District met any of the criteria for being in a state of financial emergency as defined in Florida Statute 218.503(1). In regard to item 6(c)(1), we applied financial condition assessment procedures pursuant to Rule 10.556(8) and noted no significant indications of deteriorating financial conditions. As such, we do not believe the District to be in a state of financial emergency as a consequence of conditions described in Section 218.503(1), of the Florida Statutes. In regard Item 6(b), we represent that the financial report filed with the Department of Banking and Finance, pursuant to Florida Statute 218.32(1)(a), is in agreement with the annual financial audit report for the same period. This report is intended solely for the information and use of the Board of Supervisors, management, the Auditor General of the State of Florida and other federal and state audit agencies. This report is not intended to be, and should not be, used by anyone other than these specified parties. MARKHAM NORTON STROEMER & COMPANY, P.A. - Fort Myers, Florida January 7, 2003 161114 EXHIBIT Devil's Garden Water Control District P.O. Box 338 La Belle, FL 33975 Markham, Norton, Stroemer & Co. Attention: Jeff Tuscan, partner 8961 Conference Drive Fort Myers, FL 33919 January 27, 2003 Gentlemen: In compliance with Chapter 10.550, Rules of the Auditor General, the following response is submitted to your Report to Management, dated January 7, 2003: The Board of Supervisors will adopt a resolution regarding a no written investment policy for investing public funds in excess of amounts needed to meet current operating expenses in accordance with Section 218.415(17), Florida Statutes. We concur with your comment and have appropriately addressed it accordingly. L. Craig S' ons Treasurer 1611-4-4 FOREST () k1))N.kkY ,kN1) 1)I2AIN;k( ;E N1.S. 1-.['. LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH Fiala J NAPLES, FL 34104 Halas Henning MARCH 7, 2003 Coyle Coietta I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: February 14, 2003 IV. TRANSPORTATION SERVICES REPORT A. Budget V. OLD BUSINESS A. Update on Proposed Study/Wilson -Miller B. Traffic Calming C. Landscaping Plans VI. NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT 7'he iiext jite .Mina will be held tit 10:00,111 f i•i�lr�t, riltrr�c1� '18th, �?(1fd.� -1 T Tllh° i,'0R1i'S7' L:,1 KE'S ('.L1'B1101 S'1:,' ` ogles, IT fn °(SC, Coy restl o,p.4S103 lfw;iif 1 Copies, Tea: 1611 AA�I FOREST Rc)ADeVAY ND DRAlN e(J %I.SAA'1. LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Minutes of February 14, 2003 L Bob Jones called the meeting to order at 10:04 am. H. ATTENDANCE: Members: Bob Jones, Bob Cunningham, Roger Somerville, Virginia Donovan, Bill Seabury (10:12 AM) Collier County: Gerald Morris- Transportation Design Operations, Others: Craig Pager - Wilson- Miller, Sue Chapin- Manpower Services, and several residents. (Sheet attached) M. APPROVAL OF MINUTES: Roger Somerville moved to approve the minutes of January 24, 2003. Seconded by Bob Cunningham. Carried unanimously 4 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget — modification on reporting 1. Details — Gerald handed out the budget and made note this is not from the new system as of yet. (attached) He explained their liquid funds as of this date are $354,295.23. There was some question as to an Invoice that needs to be paid for "Higgins Contracting ". Roger moved to move $1,000 from "Reserve for Future Construction' to the "Electricity Fund" to cover the expenses. Seconded by Virginia Donovan. Carried unanimously 5-0. More discussion followed on setting up the budget and the different categories and explanations. No Invoices are paid unless it is authorized by the Committee. V. OLD BUSINESS: A. Update on Proposed Study — Craig Pager/Wilson Miller — handed out the Forest Lakes MSTU - Drainage and Roadway Master Plan — Five Phase Approach — with expenses for each phase. Craig met with the County Staff and discussed the proposal as an ongoing Annual Budget Item in order to do on an ongoing basis. He told the Committee when meeting 1611 t with the various persons from the County staff, they talked about the time frame for the work being done. Their recommendation was to have it all done at one time. The reasoning is if the information is spread over 2 -3 years it becomes old information. It could affect the results of the modeling. The first three phases can be done concurrently. As the information is being gathered, the Aerial Photography and topographic survey can be done at the same time. There were concerns of working during the summer months being in the rainy season. Craig commented they can not give any advice on the swales until after the drainage studies have been completed. Bob Cunningham asked if many of these projects can be done through the rainy season. Craig's response was "yes" a certain amount of the work can be continually worked on during the summer months. Roger talked about the past drawings and original designs from 1972. Craig stated that tells him what the original design and intent was. The intent and design may be totally different and he would never do a drainage study on what was planned originally for the development. He needs present day information. He covered the different Phases, as in the past meetings, along with the cost of each Phase. Bob Cunningham mentioned this is an excellent direction to go as old surveys done in the past will not be sufficient for today's study. There is money in the Budget to cover the different Phases. He feels this is a good step in the right direction and they are doing it in a way as to resolve their problems in a professional manner. Roger doesn't feel they need a study from Wilson- Miller to tell them their swales need fixing. A lengthy discussion was held concerning the swales and the golf course being done before the rainy season and the Committee giving them some answers. Craig stated the possible problems that need correcting are obvious, but can only give answers after reviewing the information that would be gathered through the different Phases presented. He can not give definitive answers at this time. They could do a fix without modeling, but may not resolve all the problems. Roger Somerville moved to approve $10,000 for Phase 1 (Inventory Existing Conditions). Seconded by Bob Cunningham. Carried Unanimously 5 -0. 2 Bob Cunningham moved to approve $50,000 for Phase 2 (Digital Aerial Photography). Seconded by Roger Somerville. Carried Unanimously 5 -0. Virginia asked what the guarantees are for their problems being resolved. Craig stated he can be certain that the drainage problems in their development can be resolved, whether the Committee can afford it is another question. He can give his engineering opinions and judgments and tell them what it would take to correct the situations, and it would be up to the Committee whether they want to proceed with it according to the costs. The timeframe would be two to three months from when Wilson - Miller receives the paperwork and notification from the County. Bob Cunningham moved to approve $46,000 for Phase 3 (Topographic Survey). Seconded by Roger Somerville. Carried Unanimously 5 -0. Roger Somerville amends the motion to include "a completion schedule from the engineering company (Wilson - Miller) for Phases 1, 2, & 3 will be completed — not to exceed - three months from the time the Purchase Order is received from Collier County. Seconded by Bob Cunningham. Carried unanimously 5 -0. Bill Seabury asked what the model was. Craig explained it is a computerized model of the drainage system. They take the elevation information of the whole community and create a drainage basin. They will go through each catch basin and drain structure in the community and determine the area of land that goes into it and also predict how much water goes through — 1" or 5" of rain. They will also look at the pipe size and if not adequate they will recommend the correct size. It could be something downstream that causes the problem. They will look at every drainage area in the community. They will then come up with priorities and discuss them. They will be able to then identify the deficient areas. It is a computer model. Bob Jones would like to use the drawings that are created to show at Association Meetings. Roger Somerville moved to expend and transfer $106,000 out of "Reserves for Future Construction" to the proper Engineering & Surveying Accounts. Seconded by Virginia Donovan. Carried Unanimously 5 -0 Ernie Carroll, Emerald Greens, commented that some of the roads need major attention due to deterioration. The Committee is talking about taking care of the drainage problems and the roads are deteriorating by people that are using them that don't have anything to do with the golf course. 16l1 .-,ti Bob Cunningham commented that the road can't be fixed until the drainage problems are addressed and fixed first. Virginia said if they can't keep patching and take care of the water problems before they do the roads. B. Traffic Calming - Bill Seabury and Bob Jones along with others used the radar gun that was provided by Gerald. Bob didn't feel it was something the Committee should be involved in. They have a feel for it and would like to use the data to inform the particular parties they are speeding and is not acceptable in the development. Very few people were exceeding more than 10 MPH. One thing needs correcting is the signage. Different parts of the community have different speed limits. It should be consistent. Bob doesn't want to put it on hold, but the Committee needs to decide if and when they should get the Collier County Sheriff s Deputy in the development to stop the offenders. He doesn't want the residents to think they are being dictators, but recognize they shouldn't be speeding and need to be cautious of their neighbors and walkers. Bob Cunningham feels they may want to get a Deputy into the development in the future if they continue to get complaints. Hire one for a 30 day period and have him write tickets for persons abusing the speed limit. Bill Seabury had spotted 50 cars going 30 -50 MPH, so in favor of Bob Cunningham's recommendation. Janice Bundy, a resident from the Fairways at Emerald Greens, mentioned she would like it done in season. Renters and visitors are many of the perpetrators. A lighted speed sign can be brought in from the Sheriffs office, which also might help. C. Speed Bump — transfer of property has to be finished. The Club determined they can get the whole street. (Woodshire Lane) The Title Company doesn't have time for the transfer at this time. Nothing can be done to the street until the transfer has been done as it would be trespassing. Ernie Carroll and Lou Rossi are working on it with the attorneys. D. Landscaping Plans — Bob Jones has a meeting with Bob Petersen and Lou Rossi. Sprint has agreed to pay for the landscaping. VI. NEW BUSINESS: None rd 1611 ��i VII. PUBLIC COMMENTS: Janice Bundy, resident from the Fairways at Emerald Greens, asked about the section of road that will be transferred over to the Golf Course. The section starts at the entrance of Woodshire, (from Pine Ridge) to Emerald Greens past Woodshire Villas and frontage on both sides of the road. This will allow the widening of the road by adding rolled gutter to both sides of road and direct storm, waters off of road and into canal at west side property and back of single family home sites along Forest Lakes Blvd. backing up to drainage canal. Being no further business to come before the Committee, Roger Somerville moved to adjourn. Bob Cunningham Seconded. Meeting adjourned at 11:50 AM. The next meeting will be held at 10:00 AM, March 7th, 2003 AT THE FOREST LAKES CLUBHOUSE Naples, FL 5 b 11 .4 Forest Lakes MSTU - Drainage and Roadway Master Plan Five Phase Approach Phase 1 - Inventory existing conditions - Cost $10,000 1. Obtain existing records of drainage and roadway design 2. Evaluate existing conditions Phase 2 — Digital Aerial Photography — Cost $50,000 1. Obtain digitized aerial photography of the subdivision that can be used to produce one - foot contours within the subdivision to an accuracy of three (3) inches. 2. Review aerial Photography for potential immediate work 3. Design immediate work projects Phase 3 — Topographic Survey — Cost $46,000 1. Perform topographic survey of 1.1. Lake inter - connect pipes and outfalls documenting invert elevations and pipe /structure sizes 1.2. Driveway culverts in single family area documenting invert elevations and pipe sizes 1.3. Swales along golf course Phase 4 — Drainage Modeling — Cost $50,000 1. Develop a drainage model 2. Evaluate various drainage solutions 3. Recommend additional drainage facilities that should be installed in order to improve existing drainage 4. Prioritized recommended improvements in order of cost - effectiveness 5. Prepare a long -range plan for deployment of recommended improvements 6. Engineering design of Improvements On -call professional engineering services — Budget $30,000 1. Prepare engineering design drawings 2. 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APPROVAL OF MINUTES: Roger Somerville moved to approve the minutes of January 24, 2003. Seconded by Bob Cunningham. Carried unanimously 4 -0. 161-1- IV. TRANSPORTATION SERVICES REPORT: Roger moved to move $1,000 from "Reserve for Future Construction" to the "Electricity Fund" to cover the expenses. Seconded by Virginia Donovan. Carried unanimously 5 -0. V. OLD BUSINESS: A. Update on Proposed Study – Craig Pager/Wilson -Miller – Craig handed out the Forest Lakes MSTU- Drainage and Roadway Master Plan - Five Phase Approach – with expenses for each phase Roger Somerville moved to approve $10,000 for Phase 1(Inventory Existing Conditions). Seconded by Bob Cunningham. Carried Unanimously 5 -0. Bob Cunningham moved to approve $50,000 for Phase 2 (Digital Aerial Photography). Seconded by Roger Somerville. Carried Unanimously 5 -0. Bob Cunningham moved to approve $46,000 for Phase 3 (Topographic Survey). Seconded by Roger Somerville. Carried unanimously 5-0. Roger Somerville amends the motion to include "completion schedule from the engineering company (Wilson- Miller) for Phases 1, 2, & 3 will be completed – not to exceed – three months from the time the Purchase Order is received from Collier County., Seconded by Bob Cunningham. Carried unanimously 5-0. Roger Somerville moved to expend and transfer $10691Q19�0 o t of En "Reserves for Future Construction" to the proper #Aire % Surveying Accounts. Seconded by Virginia Donovan. Carrie Unanimously 5-0. N'#.: Copes To: FOREST" LAKES riala Halas Henning Coyle ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 MARCH 28, 2003 I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: March 7, 2003 IV. TRANSPORTATION SERVICES REPORT A. Budget V. OLD BUSINESS A. Update on Proposed Study/Wilson -Miller B. Traffic Calming C. Landscaping Plans D. Left Turn light onto Pine Ridge VI. NEW BUSINESS VII. PUBLIC COMMENTS VIII. ADJOURNMENT 1-�I1' MAP € 4 1003 804re of county Comm, SS? oners The ncwf meethig will be held art 10:00.111 .h'ridqY, : -lpril 3rd, .2003 N'aple's, FL, Del- *: �! It.'fr## I bT 1 1611 FOREST R(MI)NNIAN, :VND D1 AINI,, ;F N1.S.T.t w LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 Minutes of March 7, 2003 I. Bob Jones called the meeting to order at 10:06 AM. H. ATTENDANCE: Members: Bob Jones, Bob Cunningham, Roger Somerville, Virginia Donovan, Bill Seabury (Excused) Collier County: Gerald Morris — Alternative Transportation Modes Others: Sue Chapin- Manpower Services & eight residents (sheet enclosed). III. APPROVAL OF MINUTES: February 14, 2003 Page 1, under IV, 1. should read Invoice needs to be paid "by" Higgins Contracting, not "for". Roger Somerville moved to approve the minutes of February 14, 2003 with the above correction. Seconded Virginia Donovan. Carried unanimously 4 -0. IV. TRANSPORTATION SERVICES REPORT A. Budget — Gerald handed out the Budget, and mentioned it is from the new SAP system. Discussion followed on the format of the new budget form. One comment is the Committee votes on all expenditures and is then put in the Budget. V. OLD BUSINESS A. Update on Proposed Study/Wilson- Miller — the Executive Summary is scheduled to go to the Board of County Commissioners on the March 25`" for the Wilson- Miller proposal passed at the February 14th meeting. A Purchase Order will then be issued and Wilson - Miller will proceed. Bob Jones met with Commissioner Halas concerning these issues and alerted him to the Executive Summary. B. Traffic Calming — names were turned into the Sheriffs Dept. of those speeding when the Committee had the radar equipment. - A reader board will be put in Forest Lakes Community. - Gerald Morris will contact the Sheriffs Dept. to hire someone for one month during season for 4 hour shifts during different times of the day. 1611 'AV Roger moved to approve an expenditure of $1,344 to hire someone from the County Sheriffs Dept. to set -up radar for one month on a 4 hour shift during different times of the day. It was amended to approve an expenditure of $1,544. Seconded Virginia Donavon. Carried unanimously 4 -0. C. Landscaping Plans — Bob Petersen checked the area. - The trees have been trimmed. - Ficus trees will be planted. Power lines will be marked so Ficus roots will not get into the water lines. - More landscaping on the Island will be discussed after the Fcus has been resolved. - Sprint has been cutting bushes and the Committee is wondering if that is allowed. The license number of the Sprint trucks should be taken so it can be reported. - The light onto Pine Ridge (left hand turn) is approx. 26 seconds. Cars are backed up from all directions and will eventually cause accidents. Gerald will speak with Bob Tifton on this issue and report back to the Committee. Gerald mentioned the lights are adjusted according to volume. - A Palm tree needs trimming on Woodshire Lane going east. Ownership was discussed. VI. NEW BUSINESS: None VII. PUBLIC COMMENTS: There was discussion concerning designing of roads, purchase orders, projects to fix Woodshire Lane, and the engineering study now being done with an Engineering Contractor with the County handling the paper work. Bob Jones mentioned Commissioner Fred Coyle is their representative due to changing the boundaries. VIIL ADJOURNMENT — being no further business to come before the Committee, Roger Somerville moved to adjourn. Bob Jones seconded. Meeting adjourned at 11:05 M. The nett ineetim willlie held al 10:00. 1M h'ridar, illurrh 28th, 2003 AT THE 1,Y)R1:'.S'T 1.. I Kh'S ( 1.14,11101,. S ,1'apks, FI, 2 ff4*l FOREST i 0 ,XDXN, " ;) AND DRAIN 1,GF 1"N1-S. 1'.1 . LAKES ADVISORY COMMITTEE 2705 HORSESHOE DRIVE SOUTH NAPLES, FL 34104 SU MARY MINUTES OF MARCH 7.2003 HL APPROVAL OF MINUTES: Roger Somerville moved to approve the minutes of February 14, 2003 with one correction. Seconded by Virginia Donovan. Carried unanimously 4-0. V. OLD BUSINESS: B. Traffic Calming — Roger moved to approve an expenditure of $1,344 to hire someone from the County Sheriffs Dept to set -up radar for one month on a 4 hour shift during different times of the day. It was amended to approve an expenditure of $1,544. Seconded Virginia Donavon. 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Committee Member Comments MINUTES 4 February 5, 21 611-14 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Naples, Florida, February 5, 2003 LET IT BE REMEMBERED, that the Collier County Development Services Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 3:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Peter Van Arsdale Charles Abbott Dalas Disney Marco Espinar (3:44) Blair Foley Brian Jones Robert Mulhere Thomas Masters Brian Milk Thomas Peek Herbert Savage (3:40) Dino Logo (Excused) Justin Martin (Excused) ALSO PRESENT: Jennifer Moser, GIS /CDES Barry Axelrod, GIS/IT Ed Perico, BRP Director Tom Kuck, Engr. Director Ed Riley, FCO Susan Murray, Planning Manager Margaret Wuerstle, Planning Director Tom Wides, Public Utilities Patrick White, Assistant County Attorney Denny Baker, FAH Director 1 February 5, 2001611 Joe Schmitt, Admin. Dev. Services & Environmental Dept. Chairman Peter Van Arsdale called the meeting to order at 3:33 PM. I. Approval of Agenda - Minutes- January Sth, Meeting Thomas Peek moved to approve the Agenda and Minutes of the January 8th meeting. Seconded by Dalas Disney. Carried unanimously 9 -0. H. Staff Announcements A. Development Services Update — later. B. Transportation Division Update — Peter asked Ana to ask Transportation how long it takes them to do the reviews that affect construction. What their standards are for plan review and permit approval, SDP's etc. C. Public Utilities Division — Tom Wides At the last meeting the impact fees were introduced that are being addressed by Public Utilities. $120 for ERC decreases for water, and approx. $110.00 increase for wastewater. January 21" they met with the DSAC Subcommittee and made a presentation to them. February 18th — 9:OOAM will be a workshop with the Board addressing the Master Plans, the impact fees and the rate study review. They will look for approval for the impact fees and the rate studies on February 25th Board meeting. They are looking to implement the impact fees on April 1St, 2003. That is their recommendation to the Board. III. Old Business A. Tom Masters 12/31/02 Letter (Peter Van Arsdale) Tom stated he wrote the letter because the Board members didn't seem to understand what was going on at this level and how we can get back to the one stop permitting. IV. Subcommittee Reports A. Land Development Regulation (Justin Martin) — no meeting B. Construction Code (Dino Logo) — no meeting C. Utility Code (Tom Masters) - still working on the new guidelines for the permits and trying to replace sections of the Utility Code. D. Ad Hoc Committee on Fees — no meeting IV. New Business A. Spring 2003 LDC Schedule — Susan Murray — she handed out the spring schedule for cycle (I) for 2003 and two draft schedules for a Special Cycle and Cycle II. She covered the dates and times. A recommendation for 2:00 PM for the March 19th meeting was made and Susan will adjust that time. Susan mentioned Diane Flagg from Sidewalk & Pathways is generating some Amendments and some are staff generated when working through issues that need clarification or changes to the Code. Also contemplating changes to the Architectural and Design standards, which was Board, 2 February 5, 2003 1611 ' directed. They have had workshops on Landscaping issues in which they directed staff to bring forth changes. B. GIS Financial Review ( Barry Axelrod) Barry gave a short presentation: 2 year project — they are in the second year of the project right now. Details CDES — Fund 112 and 113 Details. Hardware, software, and the services expenses were displayed. Numbers with line items were shown on the slide presentation. He covered particular items. They will need two data elements in which, until they are cleaned up where they are useful in the GIS, it has put them back a bit. But they are still within the two -year plan. He feels they are within Budget. C. GIS Plans for CDES (Jennifer Moser) Jennifer gave examples of a live demonstration. She displayed the different options that can be used. The committee members asked discussion and questions of Jennifer, such as: sharing and collecting information, FEMA, wetlands, how accurate the information will be, and security. - Future of GIS in CDES — it is on the Internet now and can be used with minimal use. - Public Access — pre - determine permit restrictions - Integrated GIS functionality in CD plus replacement - Digital Plan review — will make permit process more efficient They are concerned about the stability of the product, it is improving but they are not staffed yet finding reliable persons to maintain the system. Issues need to be resolved with some details that need to be addressed. Barry did not feel comfortable giving an exact date for it to be 100% ready. Summarization: The capitol project is doing what it is set out to do — putting in place people- infrastructure - struggling through process to produce the data & services wanted — slower than hoped and are hiring and staying within budget. Jennifer will take suggestions for data submitted. Mr. Van Arsdale asked Barry to give them regular updates when changes occur. Barry will provide the committee members with a questionnaire for input with their priorities. He will collect them at the next meeting. Joe Schmitt arrived and gave the Development Services Update — he stated they would be going to the Board for their increase in the Construction Evaluation Tables the first week of March with an implementation date of April 1, 2003. Included will be fee increases in the Planning and Engineering processes. Income is not coming in as fast as expected and he has to raise fees. He has briefed most of the Commissioners in understanding the use of the 113 Funds and other different 3 February 5, 21h" 11, '1 projects. A service is being paid for and it isn't being provided because it is being used to do other things in the County and support the County staff. Joe stated he works for the citizens of Collier County, but provides services to those paying permit fees also. Actions have been taken with a freeze on all new hires under Fund 113. Discretionary expenses will be looked at closely. He will probably end up the year with approx. $2.5 surplus and some already tagged for capital expenditures. If they continue at the current rate without raising fees, he will be in the deficit. There is a significant downturn. The quantity of permits has gone down, but more of a significant decrease in income, which means there are smaller projects and a lot less, permit income. (Development Services fees - Permitting and Planning Services). He has noticed it since October, contributing it to the economy and impact fees that went into effect. They are taking measures to deal with it and projecting expenses and income. Mr. Van Arsdale asked Joe about Tom Masters' letter discussed earlier in the meeting and what can be done to deal with issues that are expensive, inefficient or time consuming such as an SDP process. The process is so cumbersome and convoluted to enforce the zoning and building codes. How can they, as a group, (DSAC) deal with the situation? He doesn't feel they should have to write the Commissioners and it is their job to serve their customers. Joe responded he is in the process of answering Tom's letter. He asked staff for their input and probably find fault on both sides. He realizes a lot of frustration concerns come from transportation. Discussion followed on the process and providing government services to Collier County. Joe needs dollars to provide these missions. He also needs the Committees constructive input. A possible workshop could be held with the Committee or a sub- committee to sit down and discuss the concerns and how to improve the process. He is using too much of his resources servicing product without very little output. If it is attacking the Land Development Code, then that needs to be done. He is restricted by the Code that everyone collectively developed. Brian Milk feels there are enough resources to fix the problems. Someone has to have ownership and respect that ownership to give the person the confidence to follow through. Instead of a process needing multiple copies of something when only a few are needed needs to be told to somebody. The system has worked for a quite a few years, then there were some political and power struggles, and the ownership left. Somehow the process got taken away from Planning Services. He feels the process should be back in Planning Services, not Transportation or anywhere else in order to work better. Joe discussed how complex the system is now. He has put his foot down on having things scheduled without having it properly staffed. He can't stand in front of the Planning Commission with an inadequate review. The days as Brian discussed are 11 February 5, 2003 are gone. Concurrency and other type of things are not in the Development Services Building any more. Many want to fight the issues because they do not agree with the answers that come from Transportation. After much discussion it was decided to hold a workshop with specific topics and identify the issues of concern. It was suggested to have Transportation under Engineering, but Joe stated it would not happen. Concurrency management has forced more of a validation process. It could work, but another administrator would have to relinquish his position. Mr. Mulhere stated it was always fought to remove Transportation out of Development Services, but when Mr. Feder came in with a critical road building and transportation component, he asked and received the ability to take it out of the Division. Mr. Mulhere has projects that have been in the system for more than a year and do not have the transportation reviews. To him the answer is standardize review times that are published and held to. Mr. Abbott is shocked at the ineptitude of the County staff. Joe felt they should attack the project and not the person. The staffs are professionals and have to live within the confines of the Land Development Code. Mr. Foley left at 4:47 PM. Mr. Disney stated a lot of his work is going away because of the process, part of it may be due to the economy but a big part is they are not working in Collier County any longer due to the fact that it cost too much to do business. Anything he can do to assist the process, he will gladly do. Joe will discuss this with the three Administrators and Directors involved and put a workshop together as soon as he can. Discussion followed on the Transportation issues and issues to discuss at the workshop. D. Discussion of LDC 2.4.5.2 landscaping required in interior of vehicular use areas as it pertains to parking garages (Peter Van Arsdale) Mr. VanArsdale has understood they are requiring the upper decks of parking garages to have the same level of Landscaping as a surface based parking lot. Margaret Wuerstle stated there is an Amendment that will state what Mr. Van Arsdale is saying. It deals with vehicular use areas. There are a lot of areas within the LDC that could be fixed and streamlined. VII. Committee Member Comments - None 5 February 5, 2003 They're being no further business for the good of the County, the meeting was adjourned by order of the chair at 5:12 PM. COLLIER COUNTY DEVELOPMENT SERVICES ADVISORY COMMITTEE Chairman, Peter Van Arsdale 3 apok I rA,-A p3A A ri m mak A No 1611" CO CD Co C'T W* 4 C ci O C4 1611" 8 cm 0 cm 8 V 8 04 13 CO CD Co C'T O C4 Cli Co Lo M (a c1q, co - co -.4- C\T co cq a) m C* co "CL Oco r-- C\j m 00 Cl) LO c'! cli CO Ln cli C) m CD C=) 0 0 8 cm 0 cm 8 V 8 04 13 O O LB S9 1 3 ■ CV 13 ti INN oil lei ■ ■ ■ ■ all • ■ ■ ■ ■ 0 q mommoul ■ el ■ • " v O O CM m CM O O CM 10 a fro-, CID s .) t O O O pO O O O O O oo °o O O O O O O O O N co P- w LO Cr! 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PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES- FEBRUARY 6, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT- RECAPS- FEBRUARY 11, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. BD- 2002 -AR -3324, Michael Hawkins, of Turrell & Associates, representing Charles Wilson, requesting an extension for a boat dock facility protruding a total of 39 feet into the waterway for property located at 168 Venus Cay, further described as Lot 58, Port of the Islands (The Cays) Phase II, Section 9, Township 52 South, Range 28 East, Collier County, Florida. (Coordinator: Ross Gochenaur) B. VA- 2002 -AR -3379, Aquatic Architechs, Inc., representing Kris and Jodi Anderson, requesting a 1.8 -foot variance from the required 10 -foot rear yard setback for property located at 349 Wimbledon Lani, 4Wkt&op�eribed as Lot 39, Block B, Berkshire Lakes Unit 1, Section 32, Township 49 South, Range 26 East, Collier County, to ' . (Coordinator: Michael DeRuntz) 1 1611' J C. VA- 2002 -AR -3418, Roland and Stella Ricard, requesting a variance from the required 20 -foot rear yard setback to 18.5 feet for property located at 109 Bordeaux Circle, further described as Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. (Coordinator: Michael DeRuntz) D. PUDZ- 2002 -AR -3095, Ian Reynolds, of Wilson Miller, Inc., representing Levitt and Sons, LLC, requesting a rezone from "A" Rural Agricultural to "PUD" Planned Unit Development to be known as Livingston Village PUD for a maximum of 590 residential dwelling units for property located on the east side of the future Livingston Road north of Wyndemere Country Club in Section 19, Township 49 South, Range 26 East, consisting of approximately 148.98± acres. (Coordinator: Ray Bellows) OLD BUSINESS 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDA/SMAo/ 3 -06-03 K February 6, 2003 TRANSCRIPT OF THE MEETING OF THE COLLIER COUNTY PLANNING COMMISSION Naples, Florida, February 6, 2003 LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein, met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Kenneth Abernathy Mark Strain (Excused) David Wolfley (10:45) Lora Jean Young (8:36) Lindy Adelstein Paul Midney Russell Budd Dwight Richardson ALSO PRESENT: Joe Schmitt, Community Derv. & Environmental Serv. Ray Bellows, Chief Planner, Planning Services Dept. Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Stan Litsinger, Comprehensive Planning Manager Glenn Heath, Planning Services Ross Gochenaur, Panning Services Greg Garcia, Transportation Services Don Scott, Transportation Services February 6, 2003 16 11 1. Pledge of Allegiance was recited with Chairman Abernathy calling the meeting or order at 8:30 AM. Chairman Abernathy reminded anyone of the public that wishes to speak on a particular item must fill out a form in the hallway and present it to the Planning Dept. Anyone appearing on behalf of someone else, and being paid to do so, by Collier Counties Ordinance is a lobbyist. All lobbyists must register with the County. 2. Roll Call was taken — a quorum was established. 3. Addenda to the Agenda — none. Mrs. Young arrived — 8:36 A.M. 4. Approval of Minutes — January 2, 2003 - Mr. Budd moved to approve the minutes of January 2, 2003. Seconded by Mr. Adelstein. Carried Unanimously 6 -0. 5. Planning Commission Absences — Mr. Adelstein will be absent for the February 20, 2003 meeting. 6. BCC Report — Recaps — January 8, 2003 — none. 7. Chairman's Report — Mr. Abernathy commented on a packet the members received about ethics, conduct, conflict of interest, drinking on the job and repeated absences of Collier County employees. He resents the fact that volunteers such as the Planning Commission members are lumped into a category of offenders that may have worked for the County. 8. Advertised Public Hearings: A. BD- 2001 -AR -1776 — Jerry Neal representing Ben Moore, requesting a 92 foot extension from the permitted 20 feet for a boat dock protruding a total of 112 feet into the waterway for property located at 66 Dolphin Circle, Isle of Capri, Florida. Joe Schmitt, Community Dev. & Environmental Services — informed the Commissioners staff changed procedures whereby the petitioner will petition the Planning Commission rather than the staff. The applicant will be the presenter. For official purposes the petition will be read into the record by the staff Planner or the Chairman of the Planning Commission. Those that need to be sworn will be done at this time, the presentation by the applicant, and then question the applicant and staff if needed. Staff then summarizes the issues, February 6, 2003 makes a recommendation, question the applicant or staff again and then any final comments by the applicant will be held at that time. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER: Jerry Neal — representing Mr. & Mrs. Moore — This petition came before the Planning Commission last year, but being there was a change in procedures a new application had to be done with the new procedure. He is back with the same drawings and information as last year. They had a licensed surveyor verify the water depths maintaining the original petition is correct. Mr. Neal displayed a map of the area being presented. Many photos were shown discussing the water depth and sand bar in the area. They are asking to extend a dock from the back of the yard to the edge of the sand bar. He talked about the mean water line. He received one letter in favor of the dock extension and three letters in opposition. A letter from Richard Berkes says the water depth at 35 feet out is 8 feet deep. The surveyor shows at mean low water it is 2 1/2 feet which at low tide would be less. Another concern is a trench across the sand bar to get to the boat house. No one would try to create a trench to get the boat closer to shore as it would lead to fines and jail time. They have permits from the State DEP, the State Submerged Lands and Army Corps. of Engineers. Another letter states they do not want any project to extend past the 20 foot limit. Letter received earlier in the day claims the dock would block their vision and devalue their property. The last letter he discussed stated they were not in objection to the proposed dock. The person/s lives in the Marco Towers on the Marco River overlooking the bay. Mr. Neal talked about the shoals with Mr. Richardson. Mr. Richardson stated this is the first one in the area asking for an extension on a dock. Mrs. Young noticed the letters in opposition were from those that live in the area while the one in favor is on the other side of the bay on the 9`s floor. STAFF Ross Gochenaur — Planning Services - the petition is not affected by the zone protection of the Manatee situation. This is a single slip dock and exempt from the Manatee Protection Plan and no moratorium in Collier County because they do have the Manatee Protection Plan. 3 February 6, 2003 Mrs. Young asked about possibly obstructing the view of others on the bay. Mr. Gochenaur showed a map of the area of the other homes. Mr. Abernathy asked about posting a "manatee area" sign during construction but not after. Mr. Gochenaur stated typically during construction they may bring in work boats, a barge, crane and more activity than a regular pleasure boat. He will look it over and make any corrections that need be. Mr. Gochenaur recommended approval since the project meets all the criteria. SPEAKERS Walter Tamulis — 62 Dolphin Ct. — owns the property contiguous to Mr. & Mrs. Moore. He doesn't live there at this time but has spoken with Mr. Moore about the petition. He approves of the dock, but the extension was something he would like a better understanding of He felt it could extend in front of his residence. He discussed the water depth and lot line. Mr. Richardson stated they do have factual data to back up the water depth. Mr. Budd informed Mr. Tamulis they are concerned with this particular property and the credible evidence in front of them with a desire to get everyone to an adequate water depth. In the future if Mr. Tamulis wanted to get to a 4 foot depth in compliance with the Manatee Protection Ordinance that he would come before the Planning Commission, whether it be intruding on navigation or whatever the issue may be in reference to his property and it would be considered at that time. Jim Hughes — property owner at 94 Dolphin Circle — he displayed his dock on the visualizer. Has lived there since 1989 and owns a cruiser. He was not aware of the background of the channel but knows previous owners have been able to get in and out all the time. He has photos showing the boat at low tide. Mrs. Betts, in Marco Towers can see their dock and had no problem at that time being in favor of it. Mr. Abernathy restated Mr. Hughes mentioned at low tide looking up past the subject property he can see sand along the area. Mr. Hughes said -yes but it would be out quite a ways. He is supporting the dock extension. Mr. Gochenaur stated Mr. White wanted him to clarify with regards to the resolution and decision whether they would or would not approve the language regarding manatee signs in the resolution itself or recommendation. When making the recommendation they need to specify, if voting in favor, whether they are approving the language in the resolution or the language in the recommendation. The hearing is closed for motion and discussion. 4 February 6, 2003 Mr. Budd moved approval of the staffs recommendation for petition BD- 2001 -AR -1226 including the staffs stipulations as appears in the resolution. Seconded by Mr. Adelstein. Carried unanimously 7 -0. B. BD- 2001 -AR -3323 — Jerry Neal representing Harry & Julie Wood requesting a 139 foot boat dock extension to allow for a boat dock facility protruding 159 total feet into the waterway for property located at 86 Dolphin Circle, Isle of Capri's, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. C. Mr. Abernathy read the companion item to the Variance Petition of: VA- 2002 -AR -3322 — Jerry Neal representing Harry & Julie Wood requesting a variance side setbacks for dock facilities from 7.5 feet to 0.0 feet for property located at 86 Dolphin Circle, Isle of Capri's, Florida. Those testifying were sworn in by Mr. Abernathy. PETITONER: Jerry Neal — representing Mr. & Mrs. Wood — This petition also was to come before the Planning Commission last year but had to go through the new procedure first. He displayed an arterial map of the area, the dock (179 feet), and the relationship between the docks and proposed docks. A notarized affidavit from the neighbors for no objection was presented and also recorded in Tallahassee as part of the permit. Riparian lines have been set by the State. They are asking to have the pilings close to the riparian lines to stay within their own boundaries. Mr. Richardson asked about trimming the mangroves. Mr. Neal stated they are trimming only and not cutting the mangroves. They could cut them as a single family if they wished to. Mr. Abernathy asked about the deed process giving a certain amount of ownership and asked if that would change the width of measuring the waterway. Does it become a different property line? If so the dock wouldn't be extended by much. Mr. Neal replied it is between an easement and a fee simple. For right now they are referencing the platted lot line before the riparian was added to it. Mr. Adelstein asked abut the 7 Vi feet setback of which Mr. Neal showed on the map. STAFF Ross Gochenaur — Planning Services — there is no requirement for an EAC review — single family properties are exempt — they are allowed to trim mangroves with State permission. The Petitioner has stated they will not be trimming any of the mangroves. 5 February 6, 2003 For purposes of the dock extension — they are taking it from the mean high water line out to the most restricted point of 159 feet. SPEAKERS Mr. Hughes — 94 Dolphin Circle — adjacent to Mr. & Mrs. Wood — When they got their State permit they were allowed a sufficient cut of 6 feet to get out to the water. The dock walkway is 30 inches wide with a handrail. 1995 a law was passed where Mangroves could be cut down to 6 feet as long as they were supervised by a Landscape Architect. They maintain a hedge of about 6 feet. He is not opposed to the variance. The hearing is closed for motion and discussion. Mr. Budd moved Item B — BD- 2001 -AR -3323 for approval with staff recommendations along with the language in the resolution. Seconded by Mr. Adelstein. Carried unanimously 6 -0. Mr. Budd moved Item C, companion petition, VA- 2002 -AR -3322, for the 71 /z foot side setback be approved. Seconded by Mr. Adelstein. Disclosures — none. Motion Carried Unanimously 6 -0. Break — 9:50 AM Reconvened —10:04 AM D. PUDZ - 2001 -AR -1842 — Dwight Nadeau, RWA Inc., representing Thomas G. Eckerty, Trustee for I -75 Exit 15 Land Trust, requesting a rezone form A, RSF -4, RMF -12, and C -4 to "PUD" Planned Unit Development for property located in the southwest quadrant of the I- 75 Exit 15 Interchange, with frontage on Davis Blvd, East, Collier County, Florida. Consists of 37.39 plus acres. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Dwight Nadeau — RWA Inc., representing Thomas Eckerty, - he asked that the staff report become part of the public record. The subject property is within Activity Center #9 which identifies where commercial land uses are proposed in the interchange area. This PUD will comply with the Activity Center #9 zoning overlay district provisions contained in Sections 2.2.35 of the Land Development Code. The proposed rezoning request is to provide for limited commercial land use opportunity not to exceed 200,000 0 February 6, 2003 1611 '1 square feet on approx. 20 acres. Industrial Business Park land use limited to 250,000 square feet, gross leased floor area, on approx. 17 acres. It was noted the subject property is currently zoned for construction of approx. 95,000 square feet of retail commercial uses, 95 multi - family units as well as three single family units based on the existing zoning today. The proposed zoning will take away the incompatible residential land uses within the Activity Center #9 and provide unified plan of development and provide consistency with the comprehensive plan for the subject property. The project is in compliance with the Growth Management Plan as stated in staff report. The Wetlands on the property are of poor quality based on the impoundment by the surrounding roadways. The hydrology has been disrupted by the Golden Gate Canal. The drainage for the proposed East Gateway project will go through the Saddlebrook PUD to the west and adjoining the East Gateway PUD. The storm water conveyance system has been approved through the South Florida Management Districts. The native vegetation on the property will retain 9.34 acres of the 37.4 acres of which 5.7 are already in the preserve along the westerly boundary with the preserve areas of the Saddlebrook Village permit as well as the I -75 right -of way. The proposed PUD has incorporated the development standards that would minimize or mitigate any potential compatibility concerns that may arise with high density multi- family residential product to the West in Saddlebrook Village. He discussed the transition of higher intensity uses to a higher intensity multi - family residential use which Saddlebrook is 13 dwelling units per acre. It will then change to the West further into the Palm Springs single - family sub - division with some C -1 property on the frontage of Radio Road. This project will take direct access onto Davis Blvd. with West Port Commerce Center where the infamous Wal -Mart Super Store may be constructed. He referred to the map of a wide conservation area associated with a northerly phase of Saddlebrook Village. They are requiring a 50 foot setback off the property boundary of Saddlebrook Village for all Commercial land uses that would abut the village. Transportation has looked at the project and is comfortable with the temporary limitation of 9,400 square feet equating to 1 % or a diminimus impact on Davis Blvd. That limitation will be temporary until additional capacity is provided with the potential interim improvements proposed with Collier County Transportation and Construction. There may be a need for Storm Water Management areas on the east Gateway property and potentially on the West Port Property on the South. They will work with the County on Storm Water Management when needed. All conditions of approval have been agreed to by the applicant and incorporated into the PUD document and facts on record. Mr. Richardson asked about the vision statement providing any residential — Mr. Nadeau answered no residential component or any requirement in that quadrant of the interchange of the Activity Center #9. There are properties within the Activity Center that provide for dwelling units per acre in the Golden Gate Commerce Park as well as the Collier Blvd. mixed use Commercial Center PUD. It will be a CommerciaUIndustrial Business Park mixed use development. 7 February 6, 2003 Ray Bellows used the term "mixed use" referring to the mix of Commercial and Industrial Business uses. He is not including residential in the PUD documents and makes no reference to such. Mr. Richardson is concerned about the "rush to rezone" when the roadways aren't really available for the development. Mr. Nadeau responded that the proposed project is compliance with the Comprehensive Plan based on the limitations imposed on the property. When the petition was submitted in 2000 there was not a deficient roadway for Davis Blvd at that time. Now the Davis Blvd. segment between Radio Road and Collier Blvd is falling into a deficient category. He understands there will be interim improvements to the road way proposed by Collier County. Mr. Richardson still feels it is a ploy to get the zoning because the development will not take place soon as the roadways will not be improved in the next 5 years. Discussion followed with Mr. Nadeau and Mr. Richardson about the subject of the right time to move ahead on a project when the roadway is insufficient and no plans for improvement with the County for some time. Mr. Nadeau will develop the vast majority of the wetlands based on the poor wetland quality and discussions with the South Florida Water Management District. They will mitigate on and off site and there is no information at this time unless they have the zoning entitlements in place. Mr. Abernathy quoted part of the Environmental Advisory Council meeting discussing impacts on 20.3 acres or 86% of the wetlands, related impacts will be compensated for by enhancing and preserving 3.4 acres of wetlands and 2.3 acres of uplands. It doesn't say anything about off site mitigations. He asked if that is part of the program. Mr. Nadeau responded "yes ", and that the PUD document requires an ERP permanent process with the SFWMD and they dictate if it gets mitigated. Yet the Environmental Advisory Council was told they had to do what the SWFWD advises and yet the EAC voted unanimously to oppose the project. The Planning Commission is being asked to approve it and he is wondering where the confusion is. People have challenged District permits in chambers as well as the BCC and have failed to prevail. There is non - conforming zoning within the Activity Center #9 and with the approval of the proposed rezoning will give a unified plan of development which the County has control over. The project is going to have a significant impact on the roadway and can't be approved without mitigation. 0 February 6, 2003 Mr. Adelstein commented a few months ago Mr. Feder had stated there will be no future commercial development on Davis Blvd until the road has been put into a condition where it could hold any future development, so why should there be a change at this time. Mr. Nadeau responded they want the opportunity to increase the capacity so the commercial that is demanded in the area can be constructed when the capacity is available on the roadway. If it takes 2 -3 years for the plans to be formulated to increase the capacity that the zoning will allow the property to participate with land area to be contributed for rights of way and for potential storm water management. This is what the zoning will do — it provides a greater tool for the County and DOT to use to improve the situation that everyone agrees has failed. There is a zoning entitlement that would be potentially necessary for the project to be built. In discussions with the County Attorneys office nothing will be done until capacity is on the roadway. The zoning would be in place, the facility may not be improved, but will not be held to the provisions of the code where 15% of the infrastructure must be in or 15% of the land uses proposed until the capacity is there. Mr. Schmitt said the three year window starts with the SDP process. This is strictly a rezoning action and no approval to proceed until the capacity on the roadway allows it. This is taking a zoning and complying it into a PUD — "a super zoning" so to speak. Staff will be removing the moratorium soon in two of the sections because 3.15 provide criteria to control growth in these areas until the improvements take place. The rezoning can take place but nothing else until the roadways are deemed adequate to support the development. Mr. Adelstein feels they can't make zoning changes until Mr. Feder says the moratorium is removed. Ray Bellows - policy 5.1 and 5.2 of the Transportation Element — the BCC can rezone the property as long as there is suitable mitigation. The petitioner is being mitigated to not impact greater than 5% of the Level of Service of the roadway. 1% now which is more restriction than the other PUD's that was approved in that Activity Center. The BCC has a history of looking at the mitigation, and the phasing of projects. In this case the project is being phased not to exceed the impact that is deemed significant. There is no recommendation by staff, the petitioner did not agree to it and the BCC could recommend denial because they would be exceeding the significance of Davis Blvd. Mr. Midney asked why the developer didn't wait until the roads were better to ask for the changes. The developers had been waiting on this property for a number of years and found the opportunity was right in 2000. The boundary changes were right and also the increase in the number of residential dwelling units in the area to support the commercial demand was right. 0 February 6, 2003 1611 Marjorie Student — Assistant County Attorney - there is a term in the moratorium Ordinance that says the duration of it is until they have a new adequate public facilities Ordinance effective. The new public facilities Ordinance was effective at some point on February 5, 2003. As a clean up they will be removing the moratorium from the Code, but by the term "operation of law" it has a set duration and condition for the termination of the duration has been filled, the moratorium is up by the "operation of law ". Mr. Richardson would like to see Mr. Nadeau change the development commitment to have "zero' square feet of development until the roads are ready rather than the 5 %. Mr. Nadeau said he would do that, but with the understanding that as incremental improvements are made to Davis Blvd. the capacity or opportunity for development would increase with the incremental improvements. Marjorie clarified the concurrency regulations and the state law concurrency and rules talk about when the impacts of the development occur. Out of a rezone there are no impacts until the CO is in place, living there or operating a business. The local government picks an intermediate time to start getting commitments from the developer to see what they are going to do to fix the road. At the rezoning time it is appropriate so they can be working toward that goal and the Government can be working toward what it needs to do to get the roads fixed by the time the impacts do occur. Stan Litsinger — Comprehensive Planning Manager — clarifying the circumstances he stated the standard in the comp plan under their comp plan became effective Feb. 5h and the Land Development Code became effective also. It is a 3% impact at the rezone of comp plan amendment stage as far as measuring impact and looking at mitigating standards. The Comp plan and rezone stage and proposed development being less than 1% was discussed. The existing LDC that became effective yesterday still has an annual determination of concurrency. In December the BCC found with the capacity expansion improvements on this particular section of Davis Blvd., they did not need to designate an area of significant influence, therefore, no concurrency stoppage until next Dec. This applicant can submit a site development plan and have it approved under the current concurrency situation. Marjorie Student clarified the new comp plan — 3% standard had not been exceeded, therefore consistent with the comp plan. STAFF Ray Bellows — Chief Planner — has been reviewed by staff in the consistency with all codes and regulations with the LDC and Growth Management Plan. He showed the proposed project and Activity Center #9 on the visualizer. The EAC reviewed the petition on Feb. 6`h 2002 and recommended 7 -0 for denial due to the impact of wetlands on site. Staff is recommending approval because of the off site mitigation. [to] February 6, 2003 1611 (Mr. Wolfley arrived at 10:45 AM) A lengthy discussion followed concerning the wetland issues, working with SFWM District, and the EAC voting against the project. Ray Bellows stated for the record that staff has not received any letter of objections for the petition. The petitioner has agreed to limit the development to "zero" until the road is improved. The issue of sunsetting has been changed from 5 years to 3 years and the petitioner is requesting that the sunsetting process not be started because the County would not be issuing permits for roadways because it's deficient, so they can not meet the timeline. Staff has no problem with it. Mr. Nadeau told the Commission how the wetlands are evaluated. Don Scott — Transportation Planning — 4 -6 laning State road 84 out to 951. Right of Way is planned for 2007 -2008. Construction is programmed and going for an interim improvement at Davis, expanding the intersection out, to alleviate the moratorium for at least some time. There will be two lanes coming in for receiving two lanes off 951 and dual lefts and a separate right east bound at 84 & 951. This will change the traffic measurements of "F" to an acceptable level of service, depending upon other developments that may come forward in the area. Mr. Midney asked if the petitioner did not get the rezone and the County needed more space or lanes, would the County have to spend more money to get it. Mr. Scott responded "yes ". Mr. Midney asked when the area is built out can they build the roads wide enough or will it still be crowded on the roads. Mr. Scott answered there are three levels —the interim project before doing the 6 & 4 lanes —but a large interchange project that incorporates I -75 — ramps etc. being a $90M project. Mr. Scott does not know what the petitioners schedule is for development. Mr. Midney has concerns of the projected development how the roads will be adequate. Mr. Scott mentioned the improvements with the interchange at I -75 and Golden Gate Parkway may help take some of the trips off the interstate. Mr. Midney is wondering if they are rushing the development at this time, he is looking at what is best for the community as a whole. Mrs. Young still feels they may be proceeding too fast at this time without enough information regarding roads and wetlands and what is going to happen on the funding. Ray Bellows feels they are eliminating some or most of the concerns by going to the "zero" trips on the roadway until the roadway is at an acceptable level of service. The mitigation isn't any different than any other project in the County where they refer to the SFWMD to work out the mitigation. He doesn't feel they are treating this project any differently than any other one. 11 February 6, 2003 1611 Mr. Budd reiterated that some of his fellow Commissioners have expressed they are moving too far and too fast. He takes a different view. He states they are talking about a rezone. Assuming the rezone is passed — there is not the ability to pull a permit. There is still the South Florida Water Management District, the level of service on the road must be achieved and many administrative steps in the process before the first building permit can be achieved. Points have also been made that it may not come back to the Planning Commission again, which is true, because of the other points in the process that will occur. The Planning Commission is not the Water Management District, and if someone from the Board or some other Board wants to make Water Management judgments, they need to get on the Water Management Board. It is not the County Commission and if someone else wants to make those decisions they need to run for a County Commissioner. He does not agree with expanding the power and authority of the Planning Commission beyond that which is already established. To take it to an extreme if the Commissioners want to express an opinion on abortion they could do that to, but makes more sense if they were on the Supreme Court. Then the authority would be relevant to the issues. The Commissioners authority on the particular issue before them is relevant to a rezone request, assuming it is approved. There is no ability to pull a permit and processes being discussed with staff and the County Commissioners to determine the level of service at that time. If there are more cars are on the road, the level of service will decline. If another Wal Mart or someone else develops, the level of service will decline and then it will be decided. Just like abortion won't be decided by them, many other issues won't be decided by them. The issue is, does this land owner have the right to request a rezone. He doesn't feel they are sneaking in under any wires. They started the process back in 2000 — if they showed up and showed up for a date of '01 on their application, it just shows they engaged professionals back in '99 or 2000. Mr. Budd didn't feel like it sounded like a last minute deal to him. The Petitioner has every right to come forward and be discussed on their merits. The rezone should be taken for what it is — a request for a rezone. Not a carte blanc agreement to stack more cars on a road that can't take it today. He had no disagreement with the rezone. Joe Schmitt commented it is more advantageous to have it rezoned PUD rather than its current state. They then have control over the development and how and when it will impact the segment of road. That's why staff is recommending approval because it gives them more control over what happens on Davis Road than the current state of zone at the present. Greg Garcia — Collier County Transportation Planning - he is working very closely with Mr. Nadeau on Item Q and anything else happening with the PUD until the roadways can handle the additional impact. They can change the language to read: "The development would be limited or not be allowed to move forward to a "no build" until such time improvements are made to Davis Blvd., Collier Blvd. 951, within the area of impact where it has been demonstrated continuing on with the original language demonstrated with general accepted transportation practices on Davis Blvd. 84 and Collier Blvd. 951 will operate with acceptable levels of service with all or part of the 12 February 6, 2003 preferred site impacts. The limitation may be modified only when incremental improvements are made to Davis Blvd., Collier Blvd. 951 and that it supports additional capacity has been made available for increased development within the area of impact as a result of said improvements. Mr. Garcia said that Mr. Nadeau introduced a principal Water Management engineer from their firm to explain the mitigation process. They made a commitment when they were found to be in compliance with the Comprehensive Plan by agreeing with all the conditions of approval. Even well beyond the Comp Plan and the Land Development Code by removing the 9,400 square feet of commercial development opportunity and they would wait until there is capacity to support development. He asks for approval from the Planning Commission to forward to the Board of County Commissioners. Amellio Navoun — RWA — the Water Management District and the Corp. of Engineers calculate mitigation based on 1 to 1 (functionality). He gave an example of the Golden Gate Canal. He continued to explain it is not one acre here - to one acre there — it is functionality. Many things are considered as a wetland, but not a fully functional one. They are missing some aspect, whether wildlife, hydrology, right mix of plants where doing a practical approach isn't considered a full wetland. The District and the Corps for many years have all agreed that they should not ask anyone to mitigate on a 1 to 1 basis, they base it on a 1 to 1 function. Mr. Abernathy wondered then why the EAC voted against it if they deal with these matters all the time. Mr. Amellio had no idea why they voted against it. Mr. Midney asked if mitigation has been done according the value of the land. After a lengthy answer Mr. Amellio said "no ". The hearing is closed for discussion and motion. Mr. Budd moved to forward the petition PUDZ 2001 -AR -1842 to the Board of County Commissioners with a recommendation of approval subject to the stairs stipulations and modifications. Being modified to "zero" square feet of shopping center use and the rest of the paragraph to remain, and also to add into the Transportation portion of the language that was read into the record by Greg Garcia making those modifications. This is a rezone, not approval of construction of any building, and not overlooking the obvious deficiency of the road. Those issues will be handled appropriately, but the rezone is appropriate at this time. Seconded by Mr. Abernathy. Carried 7 -0. E. CP- 2000 -6 — George Varnadeau, representing David Key, AICP, Regional Vice President, U.S. Home Corporation requesting to establish the "Urban -Rural Fringe Transition Zone Overlay" for sections 13, 14, 23 & 24, T48S, R26E, consisting of 2,562 +/- acres. 13 February 6, 2003 1611 1" Mr. Varnadeau representing U.S. Home Corp. — this is a continuing part of a process of the Comprehensive Plan Amendment for the Heritage Bay Property. It was reviewed earlier for the transmittal proceedings and recommended unanimously to the BCC for approval. The Amendment was also recommended for approval from the Rural Fringe Assessment Committee and was approved from the BCC to DCA. The ORC report was received and now back for the adoption portion of the process. He addressed an exhibit on the wall stating it is a section in the urban area in the NE corner of Immokalee Road and 951 North consisting of approx. 2,500 acres and SW one quarter is in the urban area and the SW corner is an Activity Center. The plan amendment is no different than what was approved as part of the rural fringe amendments recommended by the Planning Commissions in June of this year. According to the staffs memorandum to the Commission it was noted by Glenn Heath — Planning Services that it should be changed to Urban Rural as "F" instead of "B ". Mr. Varnadeau made it clear they are not approving a project but considering a Comprehensive Plan Amendment. They will be coming back within 6 weeks for their consideration and can answer any concerns or questions at that time. They put in place the guidelines in the Comp Plan and let them go forward with the project that has been filed. DCA had two objections and withdrawn one of them. The second was a timing situation. It was found they should be using TDR's for golf courses that were in the rural fringe area of the project. He discussed working with staff on paragraph #9 in the Amendments on page 4 concerning the procedure of providing financial guarantees that the monies are in place to acquire the TDR's when they come into place. They then have 90 days after the program becomes effective to acquire them for the golf course. If not in place within three years, their financial commitment goes away — if money in escrow — it comes back, if a letter of credit, they are released from that obligation. A minor change he referred to is page 4, paragraph 9, Yd line — he clarifies what lakes they will acquire the TDR's for. Mr. Abernathy asked what Dr. Nicholas's price is for the TDR's in the absence of an open market — George thought it was $18,000. The golf course will be approx 100 acres. Discussion followed on the price of the TDR's, taking a risk with the TDR's and the time frame. Marjorie Student stated there is a process that they have to wait for a recommended order from the hearing officer and then the Dept of Community Affairs. When the Dept. issues the final order the Comp Plan Amendments are in effect. There is a timeline and expect it to be sometime in May. When there is a final order that says the Comp Plan is in order by DCA, it is in compliance and stays in place and they would have to comply with it. A lengthy discussion followed on the TDR's. 14 February 6, 2003 Stan Litsinger covered the process of several steps: - Identify them as a result of the final designation of ascending land - Identify each parcel that is sending how many TDRs from each parcel and establish an instrument that can be recorded and quoted in the open market. - Establish existence of TDR's through Ordinance in LDC - Can then sell at any rate chosen to Mr. Varnadeau and client. - Budget policy as to whether the County will establish a baseline price for TDR's - May or may not have a quasi governmental TDR banking - First step will be to create them in an open market. If approved today there is language that they can never ask for more than "x" units. In the future the Planning Commission will be looking at a typical PUD and making recommendations as to — number of units, what type of units, heights, setbacks and all the typical things they ordinarily would look at. This is just the framework for coming back later for a project. The map was again referred to of the area. There is a sign up sheet in the hallway for members of the public that wish to receive correspondence and documentation for the project. Whatever the outcome of the hearing, Mr. Heath needs the notebooks back from the Commissioners so staff can get ready for the DCA packet. The hearing was closed for discussion and motion. Mr. Budd moved to forward CP- 2000 -6 to the Board of County Commissioners with a recommendation that the Amendments be adopted with the 48 months on the TDR Sunset. Seconded Mr. Wolfley. Carried unanimously 7 -0. 9. Old Business — none 10. New Business — Mr. Abernathy mentioned in his packet he had the Agenda of the January 8a', 2003 CCBCC meeting in which one item was adopted 5 -0. Ordinance dealing with the unincorporated area of Collier County. 11. Public Comment Item — none 12. Discussion of Addenda — none March 20n' Agenda will be held to four land use items. They will then close the public hearing and continue with a Workshop for the Planning Commission. There being no further business for the good of the County the meeting was 15 February 6, 2003 1611 adjourned by the order of the Chair at 12:00 Noon. COLLIER COUNTY PLANNING COMMISSION Mr. Kenneth Abernathy, Chairman 1 Fiala Halas Henning Coyle Coletta F-1 194 #iECE1VED1 MAR 1 2 2003 M- Ay'ri Of County Commissioners COLLIER COUNTY PLANNING COMMISSION WILL MEET AT 8:30 A.M., THURSDAY, MARCH 20, 2003 IN THE BOARD OF COUNTY COMMISSIONERS MEETING ROOM, ADMINISTRATION BUILDING, COUNTY GOVERNMENT CENTER, 3301 TAMIAMI TRAIL EAST, NAPLES, FLORIDA: NOTE: INDIVIDUAL SPEAKERS WILL BE LIMITED TO 5 MINUTES ON ANY ITEM. INDIVIDUALS SELECTED TO SPEAK ON BEHALF OF AN ORGANIZATION OR GROUP ARE ENCOURAGED AND MAY BE ALLOTTED 10 MINUTES TO SPEAK ON AN ITEM IF SO RECOGNIZED BY THE CHAIRMAN. PERSONS WISHING TO HAVE WRITTEN OR GRAPHIC MATERIALS INCLUDED IN THE CCPC AGENDA PACKETS MUST SUBMIT SAID MATERIAL A MINIMUM OF 10 DAYS PRIOR TO THE RESPECTIVE PUBLIC HEARING. IN ANY CASE, WRITTEN MATERIALS INTENDED TO BE CONSIDERED BY THE CCPC SHALL BE SUBMITTED TO THE APPROPRIATE COUNTY STAFF A MINIMUM OF SEVEN DAYS PRIOR TO THE PUBLIC HEARING. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE CCPC WILL BECOME A PERMANENT PART OF THE RECORD AND WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS IF APPLICABLE. ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THE CCPC WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 1. PLEDGE OF ALLEGIANCE 2. ROLL CALL BY CLERK 3. ADDENDA TO THE AGENDA 4. APPROVAL OF MINUTES — MARCH 6, 2003 5. PLANNING COMMISSION ABSENCES 6. BCC REPORT— RECAPS— FEBRUARY 25, 2003 7. CHAIRMAN'S REPORT 8. ADVERTISED PUBLIC HEARINGS A. BD- 2002 -AR -3415, Miles L. Scofield, of Scofield Marine Consulting, representing Damon Warfel of DCS, Inc., requesting a boat dock extension for a facility protruding a total of 28 feet into the waterway for property located at 5348 Barefoot Bay Court, further described as Lot 2, Block A, Barefoot Bay, Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Rossicochenaur) c., o �,— Vla. B. BD- 2002 -AR -3203, Miles Scofield, of Scofield Marine Consulting, representing DCS, Inc,, renUesting a 8- foot boat dock extension to allow for a facility protruding a total of 28 feet into :Ln erty located at 5328 Barefoot Bay Court, further described as Lot 7, Block A, Barefoot 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: ,,,,Rchenal 1 C. BD- 2002 -AR -3491, Miles Scofield, of Scofield Marine Consulting, representing DCS, Inc., requesting an extension for a boat dock facility protruding a total of 28 feet into the waterway for property located at 5332 Barefoot Bay Court, further described as Lot 6, Block A, Barefoot Bay, in Section 6, Township 48 South, Range 25 East, Collier County, Florida. (Coordinator: Ross Gochenaur) D. VA- 2002 -AR -3381, David M. Corban, requesting an after - the -fact variance of 8.7 feet from the required front yard setback of 25 feet to 16.3 feet; and an after - the -fact variance of 2.1 feet from the required rear yard setback of 20 feet to 17.9 feet; and an after -the -fact variance of 3.5 feet from the required side yard setback of 7.5 feet to 4 feet for an existing house constructed over a drainage canal and waterway easement for property located at 2832 Arbutus Street, Section 11, Township 50 South, Range 25 East, Collier County, Florida. (Coordinator: Fred Reischl) E. CU- 2002 -AR -2866, Mario Valle, representing Creative Homes of S.W. Florida, Inc., requesting Conditional Use 7 of the "E" Estates zoning district for earthmining for lake excavation per Section 2.2.3.3, for properties located at 4225 31" Avenue N.E. and 4235 31" Avenue N.E., in Section 21, Township 48 South, Range 28 East. (Coordinator: Mike Bosi) THE FOLLOWING GMP REPORTS WILL BE SENT UNDER SEPARATE COVER BY SPECIAL COURIER. 2002 Cycle GMP Amendment Petitions CP- 2002 -1, petition requesting an amendment to the Future Land Use Element and Future Land Use Map Series to expand the NE quadrant of Activity Center #7 by 18.5± acres to allow 185,000 s.f. of certain specified commercial uses, for property located '/4 mile east of Collier Blvd. (CR -951) and on the north side of the road leading to the Swamp Buggy grounds [opposite Rattlesnake- Hammock Rd. (CR- 864)], in Section 14, T50S, R26E. [coordinator: Jean Jourdan] CP- 2002 -3, petition requesting an amendment to the Golden Gate Area Master Plan to expand the existing Pine Ridge Mixed Use Subdistrict by 3 acres, and to modify the allowed uses by adding 80,000 square feet of retail and /or office uses as allowed in the C -3 zoning district, and removing conditional uses, for property located at the NE quadrant of the Pine Ridge Road /Livingston Road intersection, in Section 7, T49S, R26E. [Coordinator: Glenn Heath] CP- 2002 -4, petition requesting a text amendment to the Golden Gate Area Master Plan to modify the Rural - Settlement Area District to clarify vested uses, densities and intensities, and to clarify an increase in development density and intensity is allowed, for property located on the east side of Immokalee Road (CR -846), the north side of Randall Blvd., and bisected by Oil Well Road (CR -858), and commonly known as Orangetree PUD. [coordinator: David Weeks] CP- 2002 -5, petition requesting a text amendment to the FLUE to allow the Affordable Housing Density Bonus of up to 8 dwelling units per acre, but limited to dwelling unit ownership, to be applicable to 55 acres in the Urban Residential Fringe Subdistrict, located on the east side of Collier Blvd. (CR -951), approximately .6 mile south of Rattlesnake- Hammock Rd. (CR -864), in Section 23, T50S, R26E. [coordinator: Jean Jourdan] 1► 16 i 4� CPSP- 2002 -6, petition requesting amendments to the Golden Gate Area Master Plan ( GGAMP) text and Future Land Use Map and Map series, primarily as a result of the recommendations of the GGAMP Restudy Committee, to include: [coordinator: Glenn Heath] 1. Establishing the new Commercial Western Estates Infill Subdistrict' at the SW corner of the Collier Boulevard (CR- 951)Nanderbilt Beach Road (CR -862) intersection. 2. Expansion of the Neighborhood Center designation at the Wilson Boulevard /Golden Gate Boulevard intersection so as to include all four quadrants. 3. The creation of two new Neighborhood Center designations, one at the Everglades Boulevard /Golden Gate Boulevard intersection (all four quadrants), and one at the Everglades Boulevard /Immokalee Road (CR -846) intersection (southerly two quadrants). 4. Text revisions to the Conditional Uses Subdistrict. 5. Text revisions regarding commercial uses, including creation of a new goal and objective. 6. Text revisions for format consistency, correction of prior errors and omissions, and the like. CPSP -02 -7, petition requesting amendments to the Future Land Use Element and Future Land Use Map and Map Series to include: [coordinator: David Weeks] 1. Text revisions to Policy 4.6 to correlate with Land Development Code amendments pertaining to Access Management Plan provisions. 2. Text revision to Policy 4.8 to add methodology for preparing population estimates and projections as relates to the Capital Improvement Element. 3. Text revisions to the Office and Infill Commercial Subdistrict for clarity and to reflect past application and interpretation by staff and the Board of County Commissioners. 4. Text revisions to the PUD Neighborhood Village Center, Business Park, and Research and Technology Park Subdistricts to add clarity of intent regarding development thresholds. 5. Text revisions to the Density Rating System to explain and clarify density calculations. 6. Revisions to the Wellhead Protection Areas Map to reflect recent hydrologic modeling, changes in wellfield use, and addition of new wells. 7. Text and Future Land Use Map revisions for format consistency, internal Plan consistency, correction of prior errors and omissions, and the like. CPSP -02 -8, petition requesting a text amendment to the Immokalee Area Master Plan Land Use Designation Description Section to correct the title of the Recreational/Tourist District. [coordinator: David Weeks] CPSP -02 -9, petition requesting text amendments to the Goals, Objectives and Policies of the Potable Water Sub - Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Water District Boundary and Potable Water Service Area Maps, new Potable Water Treatment and Transmission Facilities Map, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] CPSP- 02 -10, petition requesting text amendments to the Goals, Objectives and Policies of the Sanitary Sewer Sub - Element of the Public Facilities Element, most notably to modify some Level of Service standards; requesting new Sewer District Boundary and Sewer Service Area Maps, new North and South Sewer Service Area and Facilities Maps, and new Table of Capital Improvement Projects; and requesting an update to the entire Support Document. [coordinator: David Weeks] CPSP- 02 -11, petition requesting a text amendment to the Capital Improvement Element, Policy 1.1.2, to modify population methodology for capital facilities planning, and to Policy 1.1.5, to adjust level of service standards for water and sewer facilities to correlate with changes proposed to the Potable Water and Sanitary Sewer Sub - Elements. [coordinator: David Weeks] 9. OLD BUSINESS 3 10. NEW BUSINESS: 11. PUBLIC COMMENT ITEM 12. DISCUSSION OF ADDENDA 13. ADJOURN CCPC AGENDA/SMAo /3 -20 -03 March 6, 201 TRANSCRIPT OF THE MEETING OF THFRECEIVED COLLIER COUNTY PLANNING COMMISSION Naples, Florida, March 6, 2003 MAR 1 2 2003 aoard of County Commissioners LET IT BE REMEMBERED, that the Collier County Planning Commission in and for the County of Collier, having conducted business herein met on this date at 8:30 AM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: Kenneth Abernathy Mark Strain David Wolfley Dwight Richardson Lora Jean Young Lindy Adelstein Paul Midney Brad Shiffer ALSO PRESENT: Joe Schmitt, Community Dev. & Env. Services Ray Bellows, Chief Planner, Planning Services Marjorie Student, Assistant County Attorney Patrick White, Assistant County Attorney Ross Gochenaur, Planning Services Denise Metcalf, Planning Technician Mike DeRuntz, Planning Services Page 1 March 6,106, 1. Pledge of Allegiance was recited with Chairman Abernathy calling the meeting to order at 8:35 AM. 2. Roll Call was taken — a quorum was established. Chairman Abernathy reminded those that wish to speak to fill out a form. He also informed everyone if they are a lobbyist, they must register with the County. 3. Addenda to the Agenda — Ray Bellows — Chief Planner, Planning Services Dept. — stated he is asking for a continuance of Item #81) - PUDZ- 2002 -AR -3095. The reason being the applicant has withdrawn. The property owner wishes to continue with the petition but Wilson Miller is no longer the agent. There will be a new agent and they have agreed with staff to work out the last remaining transportation issues. Mr. Budd moved to continue Item #8D — PUDZ- 2002 -AR -3095. Seconded by Ms. Young. Carried unanimously 9 -0. 4. Approval of Minutes —January 16, 2003 & February 6, 2003. Mr. Budd moved to approve the minutes of January 16, 2003 & February 6, 2003. Seconded by Mr. Adelstein. Carried — 8 -0 for January 16a' with Mr. Shiffer abstaining. Carried 7 -0 for February 6t' with Mr. Shiffer & Mr. Strain abstaining. 5. Absences — Mr. Schmitt announced a schedule change. The March 20`s meeting was planned for a Workshop after the meeting. Due to the postponement of the Comprehensive Plan Amendments from the last meeting and being held on the 2& he has to look at a different date for the Workshop. Commissioner Chairman Tom Henning has invited the Planning Commission members to attend the Workshop on March 12`h. They will discuss such topics as: building heights, side yard setbacks, density calculations, submerged lands, marine wetlands & density calculations, economic development stimulus and beach access. It is not mandatory to attend, but the invitation has been extended by the County Commission Chairman. If anyone chooses to attend, they will be at the table with the County Commissioners. A hand count was taken with 7 attending. Marjorie Student — Assistant County Attorney — noted it will be advertised and appear in Sundays newspaper. The Amendments identifying the Elements and Sub - Elements, and what the amendment is, is what will be advertised. Mr. Strain wants to make sure if a neighborhood is affected by any Amendments or decisions they will be on the agenda and promptly noticed to the public. Marjorie Student stated the law requires broad public participation. Page 2 <y March 6, 2 3 1 Mr. Strain stated that the purpose of an ad is to limit the discussions to what is properly advertised. He would not want to vote on something that was not clearly advertised. The four Land Use items scheduled will be heard on March 20`h and then hear the Comprehensive Plan Amendments. 6. BCC Report — Recaps — February 11, 2003 — None Mr. Richardson asked about the FP &L issue for 91s` Ave. Mr. Schmitt informed them the Board of County Commissioners passed an ordinance to form an MSTU. Lines will be buried with the cost passed to the MSTU. (Municipal Service Taxing Unit) 7. Chairman Report - None 8. Advertised Public Hearings: A. BD- 2002 -AR -3324 — Michael Hawkins, of Turrell & Associates, representing Charles Wilson, requesting an extension for a boat dock facility protruding a total of 39 feet into the waterway for property at 168 Venus Cay, Port of the Island, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — none. PETITIONER Michael Hawkins — representing Charles Wilson — this is for an extension for 19 feet from the allowed 20 feet. An aerial was shown. The boat lift needs to be extended to give adequate water depths for the vessel. There are no objections to the project. The navigation will not be affected by adjacent property owners. STAFF Ross Gochenaur — Planning Services — there are no objections and staff recommends approval with the four stipulations. The dock on the opposite side protrudes 38 feet — 249 foot waterway. 50% of the waterway needs to be maintained. Mr. Abernathy commented on the style of questions that accompany the criteria for petitions. Double negatives are used several times and feel the LDC Amendments need to be cleaned up. Mr. Bellows agreed. The hearing is closed for motion and discussion. Mr. Budd moved to approve the petition BD- 2002 -AR -3324 with the four staff recommendations. Seconded Ms. Young. Carried 9 -0. Page 3 March 6, B. VA- 2002 -AR -3379 — Aquatic Architects, Inc., representing Kris & Jodi Anderson requesting 1.8 foot variance from the required 10 foot rear yard setback for property at 349 Wimbledon Lane, Berkshire Lakes Unit 1, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — Brad Shiffer reviewed the site plan that was submitted to staff for the original permit. PETITIONER Rick Cleveland — Aquatic Architects, Inc., - representing Kris & Jodi Anderson - he is asking for a variance after the fact due to a mistake made by an Aquatic Architects salesperson. He stated the salesperson did not understand the rear setbacks being staked on a curve. This was an oversight and after receiving an approved print the pool was built according to plan. The flaw was overlooked based on the assumption the salesperson did his homework. The encroachment begins on the west end of the pool deck at 10 inches over the public utility & drainage easement. It continues for 34'2 feet in a straight line falling out of the survey arch on the east end at 20 inches. The encroachment does not create a hardship for the neighbors, utility companies or emergency workers. Aquatic Architects builds an average of 200 pools a year. This encroachment is their first major infraction since in business. As a reputable company, they are taking steps to prevent such oversights from occurring in the future. All jobs are now being pre - sighted by trained field superintendents and/or a survey company depending upon markers. It is not the company's interest to override setbacks and is asking the Planning Commission grant the minimum 1'8" (one foot eight inches) variance required allowing Aquatic Architects to precede. If the variance was denied the neighbors would have to deal with construction starting over. Part of the deck would be cut off and encroach on a new code. Many other obstacles would be faced. A waterfall was shown and mentioned it would have to be taken out completely if the variance was denied. Staff could not find any land related hardship. They are restrained by the Code to deny the variance. Mr. Shiffer referenced Exhibit "C ". It was prepared by the salesman. Mr. Cleveland believes the salesman's interpretation of the actual setbacks was the actual pool edge rather than the deck. That is not the right assumption and the salesman is no longer with the company. Their company hires surveyors to measure properties. In this case it was not done. Mr. Shiffer feels the County should not accept, as a site plan, a survey done by "person A ", "person B" drafting on the survey and submitting as a site plan causing these type problems. Discussion followed on the 10 feet written on the survey by the salesperson. Page 4 March 6, 204611 Joe Schmitt clarified there is no encroachment when it is just the pool deck. When it is enclosed is what makes it an encroachment. Mr. Patrick White — Assistant County Attorney - stated it is both an easement and a setback; a yard setback at 10 feet and an easement for public utility and drainage easement. They are to discuss only that aspect of the accessory structure, the cage that encroaches into the setback requirement for a yard that arises from the LDC. Mr. Abernathy complimented Mr. Cleveland, as a contractor, for coming in front of the Planning Commission and accepting responsibility. STAFF Mike DeRuntz — Planning Services — staff is denying the variance. In reviewing the application there was no hardship. No land related hardship they could find. The enclosure followed the outline of the deck area and that is where they ran into a problem. Mrs. Young felt there would be a substantial cost involved in reconstructing the structure. Mr. Strain stated there may not have been a hardship that caused the problem, but again not hurting anyone in the neighborhood. Mr. Bellows stated variances like this; with adjacent property to the rear, is another residential lot that staff would have a harder time approving. The Planning Commission might find a mitigation that this is on an easement and a lake behind the property. It could be a form of mitigation that wouldn't be any adverse impacts. Mr. Abernathy discussed guidelines used in the Code and rules that people hide behind. Common sense needs to be used at certain times in particular situations and feel they should approve this variance, but no bureaucrat will do that. Aquatic Architects paid $2,000 for the "after the fact" variance. Doubling the fees is discouraging people from doing this in the future rather than after the fact. These fees are to pay for the staff services provided. The hearing was closed for motion & discussion. Mr. Budd moved to forward petition VA- 2002 -AR -3379 to the Board of Zoning Appeals with a recommendation of approval. Seconded Mr. Abernathy. Carried unanimously 9 -0. Mr. Shiffer was not comfortable with the resolution being actually a variance for the main building itself that was not in the discussion. He wondered if it was common to not have things in the narration and yet be in the resolution. Mr. DeRuntz stated it was an oversight on his part, and needs to be withdrawn in the Resolution and revised. Page 5 March 6, 200 611 C. VA- 2002 -AR -3418 — Roland & Stella Ricard, requesting a variance from the required 20 foot rear yard setback to 18.5 feet for the property at 109 Bordeaux Circle, Riviera Golf Estates Unit 3, Collier County, Florida. Those testifying were sworn in by Mr. Abernathy. Disclosures — None PETITIONER Roland Ricard — representing himself and his wife — he is requesting a petition and an after - the -fact variance for the 20 feet rear yard setback required in the Riviera Golf Estates. The applicant added a 7 feet by 17 feet screened enclosure over an existing 7 feet by 14 feet concrete patio. The applicant wanted the screen enclosure so his handicapped wife could go outside. It is parallel to the front property line on the east side of the lot. The rear property line is a concave curve. The applicant did not know the corner of the rear wall encroaches 0.3 feet into the rear building setback line. The applicant continued to give the purpose and description of the request from the staff handout. He is requesting the existing 0.3 feet encroachment of the rear wall of the single family structure be included into this request. He discussed the 3 foot thickness of the pad. He also had a petition signed by the neighbors in support of his request. He is the second owner of the property. After a spot survey after the enclosure was already built the encroachment was found. The size and design could not be done so Mr. Ricard had then decided to request the variance. He did state the encroachment was there when the property was bought. STAFF Mike DeRuntz — Planning Services - a letter or petition in which Mr. Ricard mentioned was handed to all the Commissioners in which were received on Monday. A map was shown on the visualizer. Mr. Ricard had to also pay the $2,000 fee. The attorney asked Mr. DeRuntz to make a revision of the resolution attached in which he handed to all the Commissioners. He discussed the changes. Mr. White informed the members the Resolution needs to be read in conjunction with the plat plan. The maximum variance is 1.5 feet. By the Resolution they are indicating there is a maximum of 1.5 feet being granted down to zero at the point where the curved setback line exists and intersects the principle structure. Mr. DeRuntz continued to read the changes. With staff review there were special circumstances with the existing structure. Staff felt it was an honest mistake on the petitioner's part. Mr. Shiffer felt they need to get proper site plans from the beginning and discuss the various issues. Page 6 March 6, 20d 6 1 Mr. Ricard was unaware of the encroachment when he bought the home. Denise Metcalf — Planning Technician for the Collier County Building Dept. — the minimum requirements when a site plan goes to permit for a single family home or a screened enclosure addition are: show lot width, lot depth, existing structures and proposed. Also required is to show the distance between the proposed structure and the property line, where the street is and if there is water located on the property. This site plan meets all the minimum requirements. Discussion followed on a registered professional surveyor to attest to what is presented is factual. Mr. Schmitt mentioned they do not require it as it is another burden on the homeowner. They can change the LDC to require that type of detail but ultimately the homeowner and contractors responsibility. Staff is trying not to be bureaucratic The hearing is closed for motion and discussion. Mr. Strain moved to approve petition VA- 2002 -AR -3418 with the recommendations made by staff. Seconded Mr. Budd. Carried unanimously 9-0. 9. Old Business — If there is a continuance Mr. Adelstein would like to be e- mailed that it has been removed. Marjorie Student wanted the committee to know that until the continuance is voted upon, it is unknown whether is will be continued or not. 10. New Business — Mr. Shiffer questioned if they know who is & isn't a lobbyist. It was noted there is a list on the internet which is updated every 4 hours. Mr. Budd commented it is important to enforce the ordinance and the Planning Commission needs to enforce it but feels it is government at its worst. They have created a revenue source that doesn't cover the cost of the activity. The lobbyist pay $25.00 for an event that probably cost the County $200.00, to no point, to no avail to create revenue, to create problems so they can't track it, so nobody cares. Discussion followed concerning lobbyists. 11. Public Comment — None 12. Discussion of Addenda — None Page 7 March 6, 2003161 There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:03 AM. COLLIER COUNTY PLANNING COMMISSION Chairman Kenneth Abernathy Fiala Halas Henning E� Coyle --- --�- -- Coletta HISPANIC AFFAIRS ADVISORY BOARD MINUTES OF SPECIAL MEETING OF ` JANUARY 30, 2003 Present: Absent: Frank Loney, HAAB Member David Correa, HAAB Member Carlos Aviles, HAAB Member Sofia Pagan, HAAB Member Susan Caulkins, HAAB Member Robert J. Pina, HAAB Member Lourdes Ramann, HAAB Member Alina Portuondo, HAAB Member Teresa Nelson, HAAB Member Ramiro Manalich, Chief Assistant County Attorney and HAAB Staff Liaison Also Present: Members of the Public, Liza McClenaghan 4Y: a The January 30, 2003 Special Meeting of the Collier County Hispanic Affairs Advisory Board (HAAB) commenced at approximately 7:14 PM. A motion was made by Susan Caulkins to excuse the absence of Frank Loney for the January 22, 2003 meeting due to a lack of a babysitter and work commitments for Frank. The motion was seconded by Lourdes Ramann. The Board voted unanimously in favor of the motion. HAAB GOALS AND OBJECTIVES Carlos Aviles explained the need to wrap up the Goals' Statement to be prepared by the HAAB for submittal to the Board of County Commissioners (BCC). Carlos explained that it was his desire to have the Goals' Statement discussed at a future BCC Agenda in Public Discussion. Alina Portuondo commented that it was necessary to clarify, prior to such an agenda item, if the BCC was going to vote on the future of the HAAB as part of such meeting. The HAAB reviewed a draft of a Goals and Objectives Statements prepared by Susan Caulkins with assistance from Liza McClenaghan. Alina Portuondo commented that she thought that the document appropriately recapped the goals and objectives from other meetings. Frank Loney provided comments regarding the history of the Hispanic Chamber of Commerce and whether that entity should be referenced in the document. Lisa McClenaghan suggested that the HAAB may want to extend recognition to anyone who makes a contribution to the Hispanic Community and not just to Hispanics. This was one of the items which had been mentid=4, p, -, lie draft Goals and Objectives. Alina Portuondo suggested including features on the County Television Chanopl -kn English. There were concerns expressed about the "Digital Divide"/Hispanic Website. rra7rlk--- Aced f 17• Loney mentioned that there is a Hispanic Radio Station that could assist with advertising HAAB matters. A discussion was held regarding reformatting the document to avoid repetition /overlap of numbers in the draft. 4 Alina Portuondo and Liza McClenaghan discussed survey and other information material available regarding Hispanic issues. Copies of said informative materials attached. Alina Portuondo commented about the lack of affordable housing in Collier County and the obstacles to obtaining affordable housing. Alina Portuondo mentioned that the HAAB should petition the BCC for funds to carry out some of the listed tasks. Robert Pina made a motion to submit the yearly reports to the BCC. There was a second by Lourdes Ramann. The vote was six to one in favor of the motion with Teresa Nelson opposed, as she wanted the report to occur every six months. Alina Portuondo made a motion for approval of the draft of the Goals and Objectives with the changes previously discussed. At this point, there was a heated discussion about having one speaker at a time and decorum in the meeting. There was a strong disagreement among some of the members as to whether or not some of the members were making fun about the comments of other members. Frank Loney expressed his unhappiness over the situation and left the meeting at that point in time mentioning a possible resignation. Carlos Aviles made comments regarding the need for decorum. He also mentioned if there is a need for full attendance and participation and that some members were not doing that lately. Alina Portuondo asked for approval of the draft Goals and Objectives and it was seconded by Susan Caulkins. There was a six — zero vote in favor of the motion (Frank Loney absent). It was agreed that the Chair would send forth the draft to the Board of County Commissioners. The HAAB discussed the contents of a cover letter for the draft Goals and Objectives. Among the topics which were mentioned for inclusion in the letter were: (1) that the letter was being submitted at the request of the BCC, (2) that the HAAB continues to be an important voice in the community beyond just discrimination matters, (iii) requesting an agenda item before the BCC and (iv) forwarding the Goals to other County agencies so that they can be aware of the mission that the HAAB and so that the HAAB can obtain their assistance in their tasks. SCHOOL BOARD REQUEST REGARDING SUPERINTENDENT SEARCH Liaison Manalich presented to the HAAB a letter which had been received from School Board Chairman Linda Abbott requesting the assistance of the HAAB for input into the criteria for School Superintendent search. Liaison Ramiro Manalich advised the HAAB members to vote on the criteria tonight and designate one representative to attend so that there would not be any Sunshine Law problems. A discussion ensued about the contents of the School Board letter and the questions contained within that document. It was decided that Carlos Aviles would go to the M School Board meeting on behalf of the HAAB. A motion was made by Lourdes Ramann, seconded by Teresa Nelson to approve the School Superintendent criteria as discussed at the HAAB meeting. A vote was had unanimously in favor of the motion. It was decided that the next meeting of the HAAB would occur on February 19, 2003 at 7:00 p.m. in the BCC Meeting Room or the Golden Gate Community Center. The agenda for the meeting would include responsibilities for goals and subcommittees. There would also be the attempt to set up meeting dates and a calendar. It was discussed that the HAAB members should take turns appearing on the radio program hosted by Radio FIESTA, FM 92.1. A motion was made by Lourdes Ramann for this to occur on Monday evenings from 6:00 -7:00 p.m. The motion was seconded by Teresa Nelson and Robert Pina. There was an unanimous 6 -0 vote in favor of the motion. The HAAB meeting adjourned at approximately 9:10 PM. Approved by the Hispanic Affairs Advisory Board on this �g�, day of , 2003. Prepared by: Ramiro Manalich/Hispanic Affairs Advisory Board on this day of , 2003. Carlos Aviles, Chairman WPublic/Ramiro/HAAB /January 30, 2003 i Fiala ' Halas Henning Coyle _ Coletta $aysAore $ewdi/feation MATH Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 Kh i41uI�1: MINUTES OF FEBRUARY 12. 2003 1611 III. APPROVAL OF MINUTES: Maurice Gutierrez moved to approve minutes of January 8, 2003. Seconded by Ed McCarthy. Carried unanimously 3 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget — a conference call was made by Bill Neal to Mr. Smykowski. A message was left concerning the funds in their Budget. It was noted if the Committee does not get an answer from Mr. Smykowski from the Budget Dept. they will be asking for an outside audit from the County Clerk. V. OLD BUSINESS: A. Name Change — the letter was handed out to the committee for make changes. Changes were made. Sue will make the changes and e-mail them to Tessie. Bill Neal will approve and sign for mailing. D. New Member - An application was handed out to the Committee. After review Ed McCarthy move to approve Mr. Tom Finn for membership to the Bayshore Beautification MSTU Committee. Seconded by Maurice Gutierrez. Carried unanimously 3 -0. Qatp: , __=i -= �r T ir4.iEi�a�fJ 1�• $aysAors $sar ificatioM AVI.S.TA Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 AGENDA FOR MARCH 12.2003 I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: February 12, 2003 IV. TRANPORTATION SERVICES REPORT: A. Budget V. LANDSCAPE MAINTENANCE REPORT: VI. OL A. B. C. D. E. F. .D BUSINESS: Status of Name Change Bridge Lights — Letter from Stedman Welcome New Member Grants Collection of Insurance Fees VII. NEW BUSINESS: Vlll. PUBLIC COMMENTS: IX. ADJOURNMENT The next meeting is Wednesday, 4:00 PM., April 9th, 2003 Collier County Department of Transportation Road Maintenance office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 LM &YSAOFO $sMd114CANON )K,S YAL Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 February 12, 2003 I. Chairman Bill Neal called the meeting or order at 4:12 P.M. 11. ATTENDANCE: A. Members: Bill Neal, Ed McCarthy, Maurice Gutierrez (4:15 PM), Tom Welstead (Excused) B. Collier County: Bob Petersen, Val Prince C. Others: Maria Jost - Commercial Land Maintenance, Clyde O'Shadley- resident, Sue Chapin - Manpower Services A conference call was made by Bill Neal to Mr. Smykowski. A message was left concerning the funds in their Budget. Ill. APPROVAL OF MINUTES: Maurice Gutierrez moved to approve minutes of January 8, 2003. Seconded by Ed McCarthy. Carried Unanimously 3 -0. IV. TRANPORTATION SERVICES REPORT: A. Budget — Val handed out the Budget (attached). He covered the estimated revenues which will be collected for two months yet. Val will check some of the balance totals for the Expenses. Bob & Val informed the Committee there has been another reorganization and they are now under Alternative Transportation ModesJMPO of which Diane Flagg is the Director. Their office will be at the end of the building they are in now. It was noted if the Committee does not get an answer from Mr. Smykowski from the Budget Dept. they will be asking for an outside audit from the County Clerk. V. LANDSCAPE MAINTENANCE REPORT: Maria gave a report: - The Royal Palm that was cracked is being monitored. - Poles from the Banners have been removed. - Monthly irrigation checks were made with no problems - Estimates for plant replacements have been given to Bob to look into - Fertilizer will be done tomorrow. Maurice asked about the irrigation schedule of times as a zone might need checking north of Haldeman Creek by pavilion running into the culverts. Question was asked if it was in the Budget for taking the poles down and if so, how much. In the future they may want to keep them up. Supervision cost per hour was $40.48 and labor $28.34 an hour. on Discussion followed on year around banners, possibly with a floral theme. They discussed contacting the Botanical Gardens on sharing the costs. They decided to ask them to pay for the banners and the MSTU would pay for the up and down costs including the installation fees. More ideas were discussed with a possible logo on the banners for the businesses. Ed McCarthy will check with Code Enforcement about the sign ordinance and what can and can not be done. The Banners will be stored in an air conditioned storage area. The bridge rail is being stored at the old bam. The Sawyer Marina is being constructed; and a turn lane put in. Some of the Royal Palms will need to be removed. Bob Petersen would like to take the Royals that will be removed and replace the damaged ones in the area. The Committee agreed. Bob also mentioned one of the residents would like a mahogany tree addressed. He could do a root pruning and replace with a holly but will suggest solutions to the Committee at the next meeting. VI. OLD BUSINESS: A. Status of the Name Change — the letter was handed out to the committee to make changes. Changes were made. Sue will make the changes and e-mail them to Tessie. Bill Neal will approve and sign for mailing. B. Bridge — The LAP Agreement is back from the Attorney's office. Bob did advise the Committee if there are any claims against the job, it would come back against the Committee not the County. He will do an Executive Summary and Resolution to go before the Board of County Commissioners on March 11tH Then it will go to the State, get a signed copy back and then a notice to proceed. C. Lights — Bob talked with Mr. Stedman about getting the letter to the Committee. Mr. Stedman will mail the letter, concerning the illumines, as soon as possible. D. New Member- An application for membership to the Bayshore MSTU Committee from Tom Finn was handed out to the Committee. (Attached) This membership is to replace Dave Benson. After review Ed McCarthy moved to approve Mr. Tom Finn for membership to the Bayshore Beautification MSTU Committee. Seconded by Maurice Gutierrez. Carried unanimously 3 -0. Bob will contact Mr. Finn G. Grants- Bob found the MPO approved the Grant in September 2001. He will find out when it will be awarded by the State. F. Collection of Fees — Fees from accidents are being done with matching them with claims. Dates and locations need to be gathered and then pulled off the computer. Mr. McCarthy volunteered his help to Bob & Val if and when needed. VII. NEW BUSINESS: None 2 r /! ! ffl- AALQAW �MffAMA # AM�MAOA9 ARM w -W &A iI(itM'SlItK, I)Inr..wIIIIf. 1-11 111C �I I. Dick Lvdon called the mcetuiR to order at 2:30 PM. Collier County: Bob Petersen -Road Maintenance, Val Prince -Road and tIIC Sllei t on the IdabIiltA' Insllranl c for Conimittce 1 cnibcrs -not all VIII. PUBLIC COMMENTS: Mr. Clyde O'Shadley talked about a possible turning lane, changing medians and discussing the information with Transportation. Bob suggested Mr. O'Shadley contact Mr. Kant and ask why they are asking for these requirements. It was decided to move this subject and problem to the CRA which will meet on March 12th 6:00 PM. IX. Being no further business to come before the Committee, the meeting was adjourned at 5:20 PM. The next meeting is Wednesday, March 6, 2003 at 4:00 PM Collier County Department of Transportation Road Maintenance Office 2685 South Horseshoe Drive, Suite 212, Naples, FL 34104 G. 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LL zzF - ErLO W W UJ m Zm2DU) LL >w wwF- dw> -F- U) mWwzwmaZ �F- >WF—¢wEr UZZpZUZF- 0000000— O f� 00 O N 0 0 0 •- r r N M N O r r CC) CD r CO OD 00 0p M O O r r 0 0 0 r M MI-T d' r r N LO 0 0 LO U') 0 0 0 N M M N N M O M r M M T r (n Cn OA n L! C r oo > a w Z w w m 1611 7;A COLLIER COUNTY Department of Alternative Transportation Modes Diane B. Flagg Director 239 403 :310 • Fax 239? 135815 DtaneFla*_�r�cnlh�re��c ❑et 2W Sou IIt Horseshoe Drive, Suite 211 • Naples. Florida 14 1()-' COLLIER COUNTY GOVERNMENT http: /hv w w.colliergos.net .TILL M. BROWN Senior planner Metropolitan planning Organization ?68; SO T H ii up")i S:;i)i_ i;i:I . E (941 i JU3 SUiTE211 FAX I) ,'_1:_`.K1 NAPLES. FLORIDA 34104 1illBro %no coiher«o% net COLLIER COUNTY Department of Alternative Transportation Modes Blanca Nieves Administrame Assistant 3't'13_ FSh Fax '_39.'_135S15 • hl:uuann%csQ'collierem net _bti? South Horseshoe Drive. Suite 21I Naples. Florida ;�lti -t COLLIER COUNTY Alternative Transportation Alodes/�IPO Trinity L. Caudill Planning Tcrhnician 39 401 2310 • Fax 239.213.58 1 q • TrinitcCaudillo ' colhergm net =685 South Horseshoe Drive. Suite 2 1 1 • Naples. Florida 3-1104 ACOLLIER COUNTY Transportation Plannin;,, Department Lisa A. Hendrickson Management/Budget Anal-t • • O Fe O c� O ct H �i.I M: MEMORANDUM °� 611 DATE: February 10, 2003 TO: Bob Petersen, Landscape Engineer II Transportation Department FROM: Sue Filson, Executive Manager Board of County Commissioner RE: Bayshore Avalon Beautification MSTU Advisory Committee As you know, we currently have 1 vacancy on the above - referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Thomas E. Finn 3524 Windjammer Circle Naples, FL 34112 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Attachments Board of County Commissioners 3301 East Tamiami Trail Naples, FL 3,j 1,12�� - -�_ . (.941) 77�- j* -' EI Fax: (941 i ?74 -3602 4d,; I `40 OHM.: orz Oi 4ot�ri o,�i�u�ss7o ;ie s Application for Advisory Committees/Boards �- 7F3-248s" Name: � Ito rt[ a S � �t � ll.! � Home Phone: Home Address: 3 Sty[ W 4 u, J, a arc 1" e r C c-rc i e Zip Code: 3 ef ( t L Fax No. 7 `l3 ` $ S Q 3 Business Phone: e-mail address: (t >_ LA. IL s ter r ('P A DL Business: Board or Committee Applied for:_ N Category (if applicable): F,zampk: Commission District, Developer, environmentalist, lay person, etc- Are you a registered voter in Collier County: Yes !% No Do you currently hold public office? Yes No If so, what is that office? Do you now serve, or have you ever served, on a Collier County board or committee? Yes No L/ If yes, please list the committeeslboards: Please list your community activities (civic clubs, neighborhood associations, etc. and positions held: Hew 6 e Ir j3elrid � reG yr : it it C , C . 1S -t Education: — St L..$ AI �' S+-t fc U,c i v �,&te S !� l •r. �Ktg �vracysc Ulsr u Experience: +I d ro w& N e I' Y a-{" ce xi K �. �• i� bc v ►er o` Q f wj e ' IG3 c i r r W 4-L' Please attach any additional information you feel pertinent Thu apphcanan should be fo—ded to Sue Fthon, Exec wve Manager to the Board of Couaey Co nnitissionos, 3301 East Twnwna Trail, Naples, FZ 34112. If you wish, pleasefax your application to (941) 774 -3602 or e-mail to sure thorra snlliercov. net. Thatch you for vohurtaerinq to serve the citizens of calker County. ENVIRONMENTAL ADVISORY COUNCIL J Fiala — AGENDA Halas March 5, 2003 Henning 9:00 A.M. Coyle Coletta Commission Boardroom W. Harmon Turner Building (Building "F ") – Third Floor I. Roll Call II. Approval of Agenda III. Approval of February 5, 2003 Meeting Minutes IV. Land Use Petitions A. Planned Unit Development Amendment No. PUDA- 2002 -AR -2240 Development of Regional Impact No. DRI -86 -1 "Twelve Lakes PUD /DRI" Section 4, Township 50 South, Range 26 East B. Conditional Use Petition No. CU- 2002 -AR -3142 "North Naples Regional Park" Section 30, Township 48 South, Range 26 East C. Planned Unit Development No. PUDZ- 2003 -AR -3569 "North Naples Research and Technology Park" Section 10, Township 48 South, Range 25 East V. Old Business: VI. New Business: LDC amendments VII. Council Member Comments VIII. Public Comments IX. Adjournment 'Otte s: DG tQ: I ltej -n #I &T� Upies TO: Council Members: Please notify the Environmental Services Department Administrative Assistant no later than 5:00 p.m. on February 28, 2003 if you cannot attend this meeting or if you have a conflict and will abstain from voting on a petition (732- 2505). General Public: Any person who decides to appeal a decision of this Board will need a record of the proceedings pertaining thereto; and therefore may need to ensure that a verbatim record of proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. February 5, 2 TRANSCRIPT OF THE MEETING OF THE ENVIRONMENTAL ADVISORY COMMITTEE NAPLES FL February 5, 2003 LET IT BE REMEMBERED, that the Environmental Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 9:OOAM in regular session in Building "F" of the Government Complex, East Naples, Naples FL, with the following members present: .Members: Thomas Sansbury Michael G. Coe Erica Lynne Alexandra Santoro Michael Sorrell John Dowd Ken Humiston (arrived at 9:10 AM) Collier County: Bill Lorenz, Barb Burgeson, Stan Chrzanowski, Patrick White, Stephen Lenberger, Ray Bellows Page 1 February 5, 200 THE ENVIRONMENTAL ADVISORY COMMITTEE Government Complex, Building "F" 3301 Tamiami Trail Naples, FL 9:OOAM Minutes February 5, 2003 Chairman Thomas Sansbury called the meeting to order at 9:OOam. I. Attendance: Members: Thomas Sansbury, Michael G. Coe, Erica Lynne, Alexandra Santoro, John Dowd, Michael Sorrell, Ken Humiston -Ed Carlson had an excused absence. Collier County: Bill Lorenz, Barbara Burgeson, Stephen Lenberger, Stan Chrzanowski, Patrick White, Ray Bellows H. Approval of Agenda - Barbara Burgeson added an item titled Current Events. III. Approval of Minutes - Alexandra Santoro moved to approve the minutes of January 8, 2003. It was seconded by Mr. Coe. All were in favor; the motion passed unanimously, 6 -0. III. Land Use Petitions A) Special Treatment Petition No. ST- 2002 -AR -3457 "Half Circle "L" Ranch" Sections 13,14,15, 22, 23, 24, 26, & 27 Township 46, Range 30 East -There were no ex parte disclosures. -Mr. White swore in all those who would be testifying. Page 2 February 5, 200316,1 -Mr. Lenberger, Environmental Services Department, reviewed the facts in the petition. It was a special treatment petition. A visualizer was to show that the property covered about 8 sections of land and was located about 5 miles East of Immokalee. A zoning map was used to show that one of the subject properties were zoned agricultural with a mobile home overlay and located in Big Cypress. An aerial was shown to display the sections of land. Some of the properties were currently in agricultural zoning with row crops and pasturelands. The remainder of the property was wooded with different kinds of habitats. A flux map was used to show improved pasture, row crop activity, marsh and cypress habitats. There is quite a bit of pine and cypress in the area. The applicant wanted to harvest the pine and cypress in a long -term sustainable basis. The applicant requested to harvest the lumber on site and leave seed trees. The applicant decided not to clear cut areas but leave the seed trees for regeneration. Best management practices by the state will be adopted. Listed species that were known to be on the property are wood stork, Florida Panther, American Alligator, and one bird rookery was identified in a cypress area on the west side of the property. They requested technical assistance from the wildlife agencies. The agencies recommended a buffer zone around the rookeries and the wood stork colonies. The distance recommended is 2,000 feet. Black Bears are also believed to occur on the site. The agencies believe that without clear cutting and the leaving of seed trees there will be little impact on the black bears and panthers. The agencies recommended to the Foreman of the logging crew, that he inspect harvestable trees for evidence of RCW's and Fox Squirrels. If found, they are to be reported. -Mr. Sansbury believed that his employer may own property adjacent to the site. He abstained from voting on the matter and filled out the appropriate form. - Michael Ramsey, environmental consultant, stated that they were proposing to continue an existing site of forestry management. The site had been practicing for the last 40 -50 years. -Mr. Coe asked what would happen if a RCW site was found. Mr. Ramsey stated that the crews were trained on what to look for when reviewing the site for the indicator. They would then contact the consultant and move to another site. Mr. Cutchall added that operations would be halted immediately. He explained that if evidence was found the buffer would be 1/4 mile around the site. -Mr. Coe made a motion to approve. It was seconded by Mr. Sorrell. All were in favor; the motion passed unanimously, 6 -0. (Mr. Sansbury abstained from voting). Page 3 16I1 February 5, 2003 B) Planned Unit Development No. PUDZ- 2002 -AR -3161 "Naples Botanical Garden PUD" Section 23, Township 50 South, Range 25 East -Ex Parte Disclosures: -Mr. Sansbury stated that his employer has no financial interest in this petition. His employer serves on the board for the Naples Botanical Gardens. Mr. Sansbury has worked with the staff of Naples Botanical Garden and advised them on matters concerning the gardens. His staff has advised them as well. He added that he did not believe there was any benefit to himself or his employer. -Erica Lynne stated that she belonged to two groups, Collier County Fruit Growers and The Native Plant Society. The groups have heard presentations on the gardens and Erica Lynne added that she has had casual conversations on the matter. -Mr. White suggested that Mr. Sansbury should abstain from voting due to an "appearance of conflict ". Mr. Sansbury concurred, abstained from voting, and filled out the appropriate form. -Mr. White swore in all those testifying. -Ray Bellows, Chief Planner with the Planning Department, discussed the petition. He stated the petition was a request for a rezone of 171 acres. The applicant was proposing the Naples Botanical Gardens, which would consist of conservancies, educational centers, exhibit gallery, nurseries, and a theater. The visualizer was used to show that the site was located on the west corner of Bayshore Drive and Thomasson. The Bayshore drive overlay allows for mixed uses. On the future land use map the site is located on the urban coastal area and the Bayshore Drive overlay. This district allows for conservancies and other mixed uses of a similar nature, along with residential units with a density of 3 units per acre. The project is consistent with this. Currently there is an existing shopping center that would be incorporated into this project. The access points and overflow parking points were located on the maps. -Mr. Lenberger, Environmental Services, stated that the subject property was 171 acres. It has a mixture of vegetative communities including disturbed areas. A map was used to show the disturbed portion of the property, marsh areas, cypress areas, oak scrub areas, and Gopher Tortoise burrows. An aerial was used to locate the same areas. The property has —79 acres of wetlands; —46% of the site. The project will impact —33 acres of wetlands. Mitigation for the impact will be upland compensation along the perimeters of the wetlands-being retained, as well as the interior including some uplands, and enhancement to the preserve area. The scrub areas, pine Flatwoods, and gopher tortoise areas will be retained on site. There was an eagle nest on site, but in 1992 the nest fell out of a tree. Now the closest known active nest is about a 1/2 mile south of the first site on the southwest end of the property. There are 132 active gopher tortoise burrows and 92 inactive on site. None are proposed to be relocated but will be incorporated into the gardens and preserve areas. Wood storks and herons will be able to Page 4 February 5, 20 continue utilizing the site. The petitioner provided an exhibit to show how the site connects to neighboring properties. - Alexandra Santoro asked if the lakes would incorporate a lot of the wetland wildlife that would be impacted from the wetland impacts. Mr. Lenberger stated that there are minimum requirements. Robert Duane, on behalf of the applicant, stated that they would substantially succeed the minimum LDC requirements. - Alexandra Santoro made a motion for approval. It was seconded by Mr. Coe. -Mr. Sorrell asked for clarification on the archeological survey. Mr. Hall, Terrell and Associates, stated that they had an outside consultant do a phase 1 survey. They found out there was a burial site on the SW end of the property. They tested the four target areas and found two potential sites, both were in areas of preserve that were being proposed to be left as native. They are trying to incorporate the northern site into the educational program. There was a recommendation to leave a 100 -foot buffer around the sites once they determine the size. He explained that they are not proposing to change or alter the sites, and they want to use one of the sites for educational purposes. -The motion was recalled. All were in favor; the motion passed unanimously, 6 -0. (Mr. Sansbury abstained from voting). -Tom Berger, Vice President of Naples Botanical Gardens, provided some information on the proposed project. They believe this garden will attract visitors. They have received grants from the state of Florida and the TDC, which have allowed them to do what they have so far and do significant site preparation. They are currently in the permitting and zoning process, on tract the approvals should be in by the end of the year and they would be able to start construction in early 2004. They are involving groups in the county for support. -Mr. Coe suggested that they approach girls and boy scouts. Mr. Berger stated that was a good suggestion. They have been in contact with the boys and girls club to see if a partnership was possible and discuss what they had to offer to the program. -Mr. Sorrell asked how many visitors they believe they will have on an annual basis. Mr. Berger stated they estimate 180,000 people annually, the same as the zoo. They hope this number would be achieved in 3 years. IV. Old Business -There was no old business to discuss. V. New Business A) Hazardous Waste in Cemeteries - Barbara Burgeson informed the committee that they had contacted other staff members to see if there were any additional environmental issues that anyone was aware of. They contacted the pollution control department and several staff members that were familiar with the project. They were not aware of any new Page 5 s February 5, 200 environmental issues or concerns. Ray Smith was to be present if there were any concerns. Barbara Burgeson stated that since he was not there, she believed he saw no concerns or new information for them to discuss. -Mr. Coe asked if there were any wells near that cemetery project. Stan Chrzanowski stated that there were no county or city well fields near the site. Mr. Coe asked if they began putting bodies into the ground. Mr. Bellows replied that the PUD and site plan were approved. The approval required the owner to do water monitoring of the wells, to test for formaldehyde and other chemicals used in the process. The first water monitoring report had been done. They have begun putting bodies into the ground. B) Implementation Activities for the GW Amendments -Bill Lorenz, Environmental Services Director, provided the committee with an update on where they are in the GMP amendment implementation. He stated that Carlton Fields was hired as a consultant for the implementation. Other planning and legal consultants will be hired as needed. They hope that in late February the contractual services will be ready. The administrative hearing on the rural fringe challenge has been concluded. They expect a final order by April or May. If a favorable resolution is attained, then the rural fringe amendments will be effective shortly thereafter. If the decision is unfavorable, then the schedule will be changed. The eastern lands is currently in effect, there were no challenges. There are two efforts in the eastern lands implementation, the stewardship credit program and the stewardship receiving areas. They hope that the details will be worked out and the stewardship credit program will be implemented in the LDC amendments by the first cycle. They also are planning to work out the masterplan details and expect to incorporate the stewardship receiving areas in the last amendment cycle of this year. There has been discussion about having three cycles this year for the LDC amendments. The countywide LDC amendments are currently in effect. The rural fringe, subject to the challenge, would not be completed until January of 2004. They may have more time from a scheduling standpoint depending on when the judgment on the challenge is rendered. There are a number of other details that staff will be working on as part of the rural fringe amendments, that staff has put on hold due to the challenge. VI. Current Events A) NGALA - Barbara Burgeson provided a handout that listed what is not permitted on any parcel that would potentially become a sending area. This was not site specific and was subject to the final order due to the challenge of the rural fringe. She did not comment on the possible conditional uses that may be applied for since the application had not yet been submitted. When it comes in, it will be reviewed under the allowable final order conditional uses, and at whatever time in the future that the administrative hearing comes to conclusion, then they may need to review. -Mr. Coe asked when the first deadline was for NGALA to submit their application. Barbara Burgeson stated that she believed it was sometime in late September. She knew of two dates that they had extended for deadlines. Mr. Coe Page 6 February 5, 2001 , ` stated that he believed that deadlines were missed at least by 60 days. He wanted to know at what point code enforcement would become involved. Barbara Burgeson stated that she is not familiar with the three items that were not environmental code enforcement cases, but the case that was on environmental issues had an extension date of November 30, and beyond that she was unaware of any other extensions. Mr. Coe asked if they had a public hearing with the county staff and why it was considered insufficient. Barbara Burgeson stated that it did take place but Mr. Coe would need to ask the planner. She believed it was insufficient due to some kind of error in advertising. -Mr. Coe proposed that staff be asked to write up stiff regulations to ensure that something like this cannot happen again. His concern is that this has been delayed so much that it can't go before code enforcement until March. Mr. White stated that the code enforcement board will be hearing this case at the end of the month. He also gave the committee information on recent cases of selective non- enforcement of particular provisions, in respect to the recent sign workshop. He explained that there is no means by which staff can be compelled to, in particular, prosecute one type of violation, one regulation, or series of regulations as opposed to another. This discretion is left to the chief executive officer of the local government. He urged the committee to consider that there really is no way that they can compel local government to enforce a particular regulation. His concern was that if staff was directed to perform a duty in this manner, then their chain of command would be challenged and a sensitive area would be upset. He cautioned that this request would upset the chain of command and the discretion of the county managers office would be challenged. -Mr. Coe asked if it was correct that Joe Schmitt did not have the authority to shut down an operation that is doing something against the regulations of the LDC. Mr. White replied that absent an extreme public health safety and welfare danger or life hazard, he believed it would be an improper exercise of the procedures that allow the county manager that type of enforcement. He has recommended to officials that have sought to take this kind of action, that whenever possible allow it to go through the courts. He added that in this case they haven't seen anything that rose to the level of public danger, if there had been then those actions to go to the courts would have taken place. Mr. Sansbury informed Mr. Coe that this was going through the process and although it may not be moving as fast as they would like it to, it still has to go through the process. He did not believe they could tell staff to do anything other than let this go through the process and express their feelings on the matter. -Mr. Coe stated that his point was to have staff draft something to properly support the LDC amendments. Mr. Sansbury pointed out that Mr. White was saying that he doesn't believe this is something that can be done. Mr. Sansbury did not agree that staff should be working on this. - Alexandra Santoro stated that she would like information on the status, especially from the code enforcement officers. She also stated that she wanted research on exactly what the process is for the county to enforce and all the various alternatives. Mr. Sansbury agreed that this was a good request and felt it would be very informative. Barbara Burgeson stated that she would place a presentation Page 7 February 5, 201 I on this for the April meeting since March was a full agenda. Mr. White added that he would be willing to work with staff to provide information on the regulatory fabric of the LDC, violations, and statutes. Barbara Burgeson and Mr. White agreed to get the information together in a packet for discussion at the April meeting. B) Conservation Collier Program - Barbara Burgeson stated that there were 54 applicants submitted for the nine positions. This will be on the BCC agenda in February. They expect the project to have a county staff person from the environmental division by the end of March. They expect that board to meet in April or March. She will update monthly on this item. Staff is currently drafting a letter. Staff has begun a process to determine which parcels in the Collier county urban area have greater than 50% vegetative cover. They have chosen to initially identify the parcels that are 50% and larger; 28 parcels. Staff will be sending a letter to the owner of these properties informing them that the county may be interested in purchasing the parcel and requesting them to contact the county if they are interested in selling. Mr. Lorenz corrected Barbara Burgeson and stated that in the urban area they are locating parcels with 10 acres or greater with vegetative groundcover. -Mr. Sorrell asked if it was willing seller only or eminent domain. Mr. Lorenz stated that it would be willing seller only. Barbara Burgeson stated that it went into the ordinance as willing seller only so that they could not proceed in any other manner in the future. C) Jesse Harding Case -Mr. Sorrell asked for details on the Jesse Harding case and the spending of money from the roads. Mr. Lorenz stated that the county manager established a task team with the transportation services staff to evaluate the situation. This task force will be able to provide more information on the situation in the future. -Mr. Coe gave a brief description of the case. He stated that Jesse Harding was a long -term residence and originally wanted to mine the area for dirt. This was against what he was permitted to do on the land. He then hired someone to come in and change his plan. The new plan was to put in five commercial fishing ponds. The EAC approved this predicated upon the county checking on it after a five -year period to make sure that the operation was a fish farm and not a mining operation. He understood that the county was now using the dirt from this operation and asked if anyone from the county has gone out to see if there is a chance of having a commercial fishing operation. Mr. Chrzanowski stated that his did not believe that an inspector had gone out in the last few months. He added that they spoke with Jesse Harding and he came in to renew his bond. Mr. Harding is only allowed to do one lake at a time and then it must be fished before he can start another lake, therefore there is no chance that he can do all 5 lakes at once. -Mr. Sorrel stated that he was a member of the division of forestry and he went to this site about 4 -5 days ago, to see if they could camp on the site. He informed the committee that the lake that was initially built and is closest to Mr. Harding's house is currently stocked. This lake was originally on the site, but Mr. Harding le February 5, 0 enlarged it. The lake that Mr. Harding is currently working on is 5 -6 acres. Mr. Sorrell reported that Mr. Harding expressed intentions to complete the project and donate the land to the county with his name on it. -Mr. Chrzanowski noted that they have had people out to inspect the land in the past, nothing unusual was reported. Mr. Chrzanowski stated that he has been invited out to the site and he will go before the next meeting and report back. Mr. Coe expressed an interest in going with him. D)- County wide environmental codes and policies - Barbara Burgeson stated that copies of the new codes and policies would be mailed to the EAC for review. She urged them to contact staff with any questions. E) Eagle's Nests - Barbara Burgeson reminded the committee that they had reviewed the Audubon eagle as a part of a plat with a required PIS. They have an eagle management plan that identified at the original site of the eagle's nest. The eagle has since moved closer to where the building of home sites was to take place. The bald eagle management plan for this site is now undergoing amendments. They are requesting an exception to the 750 -foot primary zone. Staff is expecting a response from Fish and Wildlife in the next week. She added that staff would not make an exception to the 750 -foot primary zone without the federal agency doing so first and putting it in writing. Staff would also review it exception, if granted, to see if there were any modifications to be made. Staff does not expect the federal agency to make an exception. - Barbara Burgeson then discussed the Cocahatchee Eagle. She explained that this also went through review of this board a few years ago. The applicant is submitting a request through the army corps permit modification to remove the nest in order to place it on a platform in another area. The hope is that the eagle would move to the new area and nest and they would be able to construct the high -rise buildings on their masterplan. Barbara Burgeson stated that she spoke to Fish and Wildlife, who does not expect the federal agency to approve this. If this was done it would be in violation of the applicant's approved PUD and their existing eagle management plan from the county. This proposal may come back before the EAC in the future. VII. Council Member Comments - Alexandra Santoro mentioned that at one point the committee had discussed a "Rookery Bay" type of legislation. She suggested that a sub - committee be formed. Barbara Burgeson stated that on a staff level they were working on some legislation that would provide a buffer or details on the types of buffers that would be located around state and federal preserves, OFW's, and other types of properties requiring this type of protection. She had spoken with environmental staff at the interagency meeting last month, and they have concerns about what has gone up around Estero Bay and the Rookery Bay area. They would be interested in some kind of protection being drafted into legislation. -Mr. Coe was concerned about moving fast enough so that the legislation is in effect before they have to deal with a builder. Barbara Burgeson replied that they Page 9 r February. 5, 20 b want to make sure they research this thoroughly and a sub committee would be helpful with this research. Mr. Lorenz agreed. - Alexandra Santoro, Erica Lynne, and Mr. Coe expressed an interest in the being a part of the subcommittee. Alexandra Santoro stated that she would be interested in input from Rookery Bay and the Conservation. Mr. Lorenz stated that he would assign a staff member to be a coordinator for the subcommittee and they would have the ability to add time for other agencies to speak on the matter. -The next meeting is March 5, 2003. VIII. Adjournment -There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 10:32 AM. Page 10 Fiala Halas Henning Coyle WORKFORCE HOUSING ADVISORY COMMITTEColatta AGENDA for February 26th, 2003 1. Roll call 2. Subcommittee reports a. Funding Subcommittee status of: 1. Linkage Fees 2. Impact Fees a. Tiered system 3. Interest fund usage from impact fee or general revenue accounts 4. Property tax deferrals 5. Real Estate Transfer Fee 6. Ad Valorem Taxes b. Management subcommittee status of: 1. Setting up private foundation 2. Establishing land trust 3. Expand roles of non - profits 4. Expand roles of Collier County Housing Authority 5. HDC applications 6. Implementation of program that will produce units 7. Increase Section 8 vouchers c. Zoning subcommittee status of: 1. Finalize Inclusionary Zoning 2. Amend Growth Management Plan (GMP) and Land Development Code (LDC) a. Limit bonuses to only workforce housing b. Increase permitted locations c. Review qualifying criteria l 3. Implement fast track process C& fe: 4. Review conversion of guest houses to rentals / ,, 1611 5. Establish targeted infill parcels 6. Availability of surplus property from government agencies as workforce housing 7. Determine use of delinquent tax properties as workforce housing 8. Designate workforce housing as a permitted use "by right" 9. Add mixed use language to all zoning districts 10. Establish developer incentives d. Demographics subcommittee status of: 1. Survey distribution and analysis 2. Determination of existing housing 3. Determination of existing infill parcels 4. Disbursement formula for SHIP funds 5. Coordinate Mass Transit routes with workforce housing locations 3. Reset schedule for Month of March: a. Currently we are set to meet weekly, based on outcome of status reports, this may not be necessary b. Currently we are set to have a meeting on March 26th , which would be the same day our report is due to the BCC in preparation of our April 4th workshop. We need to move this up by at least a week and committee final results need to be completed prior to that new date. (Due to conflicts with other county meetings, I will not be available on the 6th, 12th, 20th & 26th) 4. REMINDER: Jamie Ross will be here on the 10th of March. 5. That's all I can think o£ V Fiala Halas Henning _--- --- --'-- Coyle Coletta MEMORANDUM DATE: February 21, 2003 TO: Board of County Commissioners FROM: Pat Lehnhard, Administrative Assistant, OMB SUBJECT: Productivity Committee Meeting Minutes /1611 (OPT r Enclosed for your information and files are the Productivity Committee's Minutes listed below: January 15, 2003 Regular Meeting Minutes Please do not hesitate to contact me, or Winona Stone, should you have any questions regarding the above information or enclosures. C: Jim Mudd, County Manager Leo Ochs, Deputy County Manager Pat Blaney, Director, Internal Audit, Clerk of Courts Mike Smykowski, Budget Director �.-�� _ -- Collier County Office of Management and Budget 3309 Tamiami Trail, East Naples, FL 34192 Voice: (239) 774 - 8973 Fax: (239) 774 -8828 BE COLLIER COUNTY GOVERNMENT PRODUCTIVITY COMMITTEE Minutes January 15, 2003 2:00 p.m. Members Present: James Gibson, Donald Campbell, Edward Ferguson, Dexter Groose, Janet Vasey, James Homer, and Joseph Mumaw Members Absent: Jean Ross - Franklin and Joseph Swaja, with two vacant positions BCC Liaison Absent: Commissioner Fiala Staff: Jim Mudd, County Manager; Jim DeLony, Public Utilities Administrator; Tom Wides, Public Utilities Operations Director; John Yonkosky, Utility Billing and Customer Service Manager; Roy Anderson, Public Utilities Engineering Director; Bala Sridhar, Public Utilities Senior Budget and Financial Analyst; Mohan Thampi, Public Utilities Project Engineer, Amy Patterson, Impact Fee Coordinator; Rob Ori, Consultant, PRMG; Bryan Mantz, Support Consultant, PRMG; Mike Pekkala, Consultant, Greeley and Hansen; Roger Howell, Consultant, Greeley and Hansen; Don Peterson, Chief, Golden Gate Fire Department; Mike Murphy, Chief, Marco Island Fire and Rescue; Jim McEvoy, Fire Chief, City of Naples; Frank Kovarek, Fire Chief, Big Corkscrew. Island Fire and Resuce; Rita Greenberg, Division Chief, Big Corkscrew Island Fire and Rescue; Winona Stone, Assistant to the County Manger; and Gary Vincent, Management and Budget Analyst. I. Introduction: Jim Gibson called the meeting to order at 2:00 pm, noting that a quorum was present. The December 18, 2002 minutes were unanimously approved as presented. The order of the agenda was changed to make Item C, Old Business, the first item of discussion. H. Old Business: C. Review Applications for Committee Membership — It was recognized that there were five applicants for the five available positions on the committee, therefore the committee recommended that all five applicants be approved by the Board of County Commissioners. A. Discussion of Functional Fire Consolidation with Chief Don Peterson — Chief Peterson outlined the areas where the different fire districts are currently cooperating to provide enhanced and more efficient services, such as sharing of vehicles, monthly user group meetings for the 800 MHz radio users, Mutual Aid Agreements and Auto Aid Agreements. He stated that oilier things could be done to enhance emergency services. He thinks the construction of the new Emergency Operations Center (EOC) should lie fast- tracked as much as possible. He also stated that communications should be consolidated for all emergency services agencies. He suggested that a common laundry facility would be much more efficient. Page 1 of 4 Joe Mumaw asked what the fire districts were doing to combine their buying power to save money. Chief Peterson explained that they were using existing state and local government contracts whenever possible to purchase materials at better rates, especially fuel. Don Campbell asked how the Table of Organization & Equipment for each fire districts was determined. Chief Peterson explained that the National Fire Protection Association (NFPA) standards of service were used as well as government mandates and insurance ratings. He stated that ultimately the taxpayers decide the level of service through their approval of the tax rates. Janet Vasey asked if consolidation of the fire districts was becoming a more favorable option among the fire districts. Chief Peterson stated that he personally felt that consolidation should only be considered if the services provided could be enhanced or provided more efficiently, but there were other issues to consider. He feels that consolidation discussions should involve all emergency service providers. It was stated that no agency is currently studying the consolidation issue. Ed Ferguson asked how much joint training was being conducted and Jim Gibson asked for an explanation of the functional interface between EMS and the Fire Districts. Chief Peterson stated that joint training was being conducted on a daily basis. Chief McEvoy and Chief Murphy explained in detail the joint training being conducted so that all emergency medical services provided by Firefighter Paramedics and EMS Paramedics would be standardized. The goal is that any firefighter /paramedic could work effectively in any district within the County. Jim Mudd, the County Manager, stated that any study of Fire District consolidation needed to include, in addition to emergency response, the prevention side of fire protection, which includes the building review and permitting process to ensure that inspection standards are consistent. He also stated that there are political issues that must be considered such as the employment contracts that each district has with the district's chief B. Presentations on Water and Wastewater Master Plan Drafts and Proposed Water /Sewer Impact'Fee and Rate Studies - Jim DeLony, Public Utilities Administrator, introduced his staff and consultants and explained the Division's more proactive approach in planning and providing water and wastewater services for the residents of Collier County. He welcomed the Productivity Committee's comments and questions and asked that they hold them until the end of the presentation that would be given by the consultants. Mike Pekkala, Consultant from Greeley and Hansen, provided a briefing on the 2002 Water and Wastewater Master Plan. He explained the differences from the 2001 Master Plan and discussed the elements of capacity and reliability as drivers for Master Plan decisions. He discussed the performance accomplishments to date and recommendations for 2003 -2012. Rob Ori, Consultant from PRMG, provided a briefing on the Impact Fee and Rate Study Update. He explained the purpose of impact fees and the criteria for determining what the fees should be. He explained the Improvement -Driven analysis method used in the study, made some comparisons with other entities and explained the recommendations made. He did the same for the Rate Study Update. Page 2 of 4 Paper copies of both presentations were given to the committee members and are also on file in the Productivity Committee files. Janet Vasey had comments and questions concerning three areas: the peaking factor used, the timefi-ame for impact fee calculation, and calculation of debt service credit. Janet's questions and comments are in writing, distributed at the meeting and are in the Productivity Committee files. Jim DeLony and the consultants explained that they were trying to strike the right balance between capacity and demand. The plan is to prevent shortfalls in capacity and at the same time not create too much capacity. Jim DeLony also explained that the peaking factor is not just a capacity factor but also an operational factor. He further explained that, with the capital improvements in place and in progress and also the operational procedures being used and developed, the peaking factor used was the right one. Joe Mumaw pointed out several instances where the data appeared to be inconsistent. Janet agreed and also pointed out an example. Don Campbell asked about the timing of impact fee collections. Amy Patterson explained that impact fees are currently collected when the Building Permit is issued. A recent change that will become effective in the near future is that 50% of Transportation Impact Fees will be collected when the final Site Development Plan, or Final Plat, is approved. She emphasized that this earlier collection of impact fees only applied to Transportation Impact Fees. Don questioned why all impact fees are not collected at the earlier time. Tom Wides explained that the development industry only reluctantly agreed to the earlier transportation impact fees and would not go for moving other impact fees collection times up. Don Campbell commented that we got transportation moved up so next year it should be easier to move up utility impact fees. He opined that the Productivity Committee could be very helpful in doing that. Jim DeLony thanked the committee for their time, efforts and input. He asked that Joe and Janet meet with him and his staff to assist in making sure the final reports were the best that they could be. D. Discussion of Committee Review Report to the County Manager and Board of County Commissioners — Jim Gibson stated that he would send a letter to the County Manager by E -mail today (January 15th) to start the process. E. Further Discussion on Reserves and Fund Balances — This item was deferred to the next meeting. III. New Business: A. Notification of Proposed Election of Chair & Vice -Chair at the February 19 2003 Meeting` Jim Gibson and Janet Vasey both stated that they would not accept the position of chair for this next year. Jim stated that he has been the chair for two years and it was time for him to step down. Janet intends to travel extensively this year and also feels that the chair position would be too constraining. Page 3 of 4 IV. Comments /Sumestions: Jim Gibson thanked Ed Ferguson and Don Campbell for their many years of dedicated service on the Committee. Janet suggested that the Committee have a "Hail and Farewell" to honor all the current and recent outgoing members and also welcome the new members. Neat Meeting: The next meeting of the Productivity Committee is scheduled for Wednesday, February 19, 2003, 2:00 p.m. in the County Manager's front conference room, 2nd floor of the W. Harmon Turner Building (Building F, Administration Building). Page 4 of 4 J Fiala Halas ' — Henning oyle sit ;aletta BeaeA M.3.TA. Advisory coxirtiittaa 2685 Horseshoe Drive South Naples, TL 34104 February 27th MSTU Meeting Postponed to March 191h (7:00 p.m. @ St. John the Evangelist Church) This postponement (due to back order of sample) will allow the installation of lighting being considered for our MSTU to be viewed by property owners prior to the meeting. We also hope to have sample lighting installed on Gulfshore Drive at the Vanderbilt Inn at least one week before the new meeting date. An "MSTU" is a Municipal Services Taxing Unit, which is a vehicle utilized by Collier County to allow local communities some control in maintaining the "character" of their neighborhoods. The Vanderbilt Beach MSTU covers the area from Vanderbilt Drive to the Gulf — from Vanderbilt Beach Road to the Cocohatchee River. An Advisory Committee of local residents, recommended by you and your neighbors and appointed by the Board of County Commissioners, oversees MSTU funds - current members are Dick Lydon, Bud Martin, B.J. Savard- Boyer, Carol Wright and Charles Arthur. Frank Halas, our new 2 °d District Commissioner, was a member of this committee until his election to County office. In 2002, the overall tax collected from our MSTU area totaled almost $26 million. We have little input over how these funds are spent and most of them are spent outside our area. However, about 3 1/2% of the funds go toward our MSTU. These funds stay in our MSTU and residents, through the committee, have a voice in how they are spent! The committee carefully controls the budget on a monthly basis, with present reserves of over $600,000. The committee has the further duty of setting the amount of the tax each year. The rate can range from zero to 50 cents per $1000 of taxable value. To date, the MSTU is expending funds to maintain the plantings along Vanderbilt Drive (the initial installation was paid for by a donation to the Vanderbilt Beach Property Owners Association), and the bases for benches along our roadways. Among other items under consideration by your Advisory Committee are: 1) Lighting of the sidewalks around our perimeter. We are currently considering lighting both sides of Gulfshore Drive, the west side of Vanderbilt Drive and the walks through Conners Park. 2) Adding sidewalks on the East Side of Gulf Shore Drive. This is a safety and convenience issue since many "walkers" use the "bike" lane on the east side of the road. 3) Cul de sac at the end of Bluebill Avenue with restroom facilities similar to the existing cul de sac at Vanderbilt Beach Road. The county is working on this with the state and Vanderbilt Inn. Our MSTU will take the responsibility of landscape maintenance. 4) Traffic calming devices for Bluebill Avenue, Gulf Shore Drive and Vanderbilt Drive in an effort to reduce the speeders who pay no attention to our posted speed limit signs. 5) Wooden poles on stop and traffic signs. County Transportation has adopted a policy of replacing with steel posts. The wooden posts have been replaced, painted and maintained by VBPOA volunteers for many years. The committee believes steel posts do not fit the` imaged we are endeavoring to maintain. Pelican Bay has done a good job of handling these y s o signs. 6) Additional benches around the perimeter. 1 c.Q -( It is the sincere hope of the committee that you will have many suggestions, ideas and thoughts as to how we can best use our MSTU money to enhance the value of our properties and to improve that quality of life that we all seek here in Vanderbilt Beach. To that end we would be pleased to have you drop us a line. DON'T FORGET TO MARK YOUR CALENDAR FOR THE MARCH 19 'h MEETING. We look forward to your participation in discussing the consideration of lighting. Respectfully snubmitted, Richard E. Lydon, Chairman 11 Fiala Halas Henning 61 Coyle— 0letta Advisory OoxiWtt" 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 �Tii�iti�+ =ttk3 AGENDA I. CALL MEETING TO ORDER II. ATTENDANCE III. APPROVAL OF MINUTES: February 6, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget Report V. LANDSCAPE MAINTENANCE REPORT: VI. OLD BUSINESS: A. Lighting Company B. March Meeting C. Sidewalks D. Wooden Posts E. Water at Sunset Bay - South end of Gulf Shore Dr. F. Proposed Tumaround/North end of Gulf Shore Dr. G. Water at corner of Vanderbilt Beach & Vanderbilt Drive - Regatta H. Bench Replacements VII. NEW BUSINESS: A. Landscape Architect B. Replies from MSTU Letter VIII. PUBLIC COMMENTS x ADJOURNMENT The next meeting is scheduled for 2:30 PM, April 3rd, 2003 AT ST. JOHNS CATHOLIC CHURCH 625 111111 Ave. Naples, FL Date: (" � 1b: Vandsidisi BmeA JN.S.U/. Advisory Commit(" 2685 Horseshoe Drive South Naples, FL 34104 SUMMARY OF MMUTES & MOTIONS FEBRUARY 6, 2003 ME III. _APPROVAL OF MINU17ES: Bud Martin move to approve the minutes of January 9, 2003 as amended. Seconded by Carol Wright. Carried unanimously 5-0. III. Transportation Services Report: A. Budget report - Carol Wright moved to approve the budget. Seconded by BJ. Carried unanimously 5 -0. IV. Landscape Maintenance Report: There was a letter submitted by Carol Wright from the Vanderbilt Property Owners Association with concerns about the Landscaping (attached). Robert from Commercial Land Maintenance stated he can not spend monies without approval from the MSTU Committee. Many Committees object to expenditures being made unless authorized. A specific amount could be authorized for specific items by the Committee. BJ moved to approve up to $5,000 in the Budget for replacement of plants along Vanderbilt Drive and other incidentals. Seconded by Bud Martin. Carried unanimously 5-0. V. Old Business: B. February Meeting - a lengthy discussion was held whether to hold the February 27' evening meeting with the property owners. The Vanderbilt Beach & Bays Association is very concerned and has many questions about the MSTU itself. Questions of disbanding have been discussed among Beach & Bay members. More discussion followed about the inception of the Vanderbilt MSTU. It was a consensus to postpone rather than cancel the meeting. A letter will be mailed to all residents informing them about the MSTU, the history, purpose, why, how and all the positive benefits tat will be derived for the entire area. Bud Martin moved to postpone the February 27' meeting, with a letter to all residents informing tem with a review of plans of the Vanderbilt Beach MSTU for the future. Seconded by BJ Savard- Boyer. Carried unanimously 5-0. li "1 TTyTA! TTT l� /TTT1Tl T - C1y 11 1T 'll�i 17.1T)TTT CT TT ICiTlyil7 ilyA 111li �1I11 TTTT T / \ "l �ITIy /ill !� /1TlTy i T_T T_T Em, VuMdsrBi /i &ftuA /K.S.7.(/. AAvisory eonu"itt" 2685 Horseshoe Drive South, Suite 212 Naples, FL 34104 Minutes February 6. 2003 I. Dick Lydon called the meeting to order at 2:30 PM. II. ATTENDANCE: Committee Members: Dick Lydon, B J. Savard- Boyer, Bud Martin, Charles Arthur, Carol Wright Collier County: Bob Petersen -Road Maintenance, Val Prince -Road Maintenance, Gerald Morris - Traffic Operations, Eileen Webster, Connie Deane Others: Robert Kindelan -CLM, Ty Jackson- resident, Sue Chapin- Manpower Services III. APPROVAL OF MINUM: Page 2 & Page 3- BJ wants the minutes to reflect a clarification that they need lights on both sides of the street of Gulf Shore Drive. Page 4 - Bob Petersen handed out the sheet on the Sunshine Law Workshop and the sheet on the Liability Insurance for Committee Members - not all members received them - Sue will send them to Charles and BJ with the Minutes. Bud Martin moved to approve the minutes of January 9, 2003 as amended. Seconded by Carol Wright. Carried unanimously 5-0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report - Val handed out the Budget. There have been some minor changes in the expenditures for Commercial Land Maintenance. Nothing else has been moved in Reserves. Carol asked if the expense of $130,800 is all for Vanderbilt Drive. There are no expenditures on Gulf Shore Drive as of yet. The bases for the benches were done under Contract incidentals. Charles would like to see the Budget set up with the current month expenditures and also Year to Date. Carol Wright moved to approve the Budget. Seconded by B J. Carried unanimously 5-0. WE V. LANDSCAPE MAINTENANCE REPORT: - Mulch will be completed on 2 -6-03. - Irrigation repairs continue but vandalism is much less. It was noted some of the damage may be caused by bicycles due to the narrowness of the sidewalks. - Fertilize in March - Benches - problem with installation - will have to be bolted from the front and back sides. Varnish will be re -done. A letter was handed out by BJ. (Attached) It indicated three issues the Vanderbilt Beach Property Owners Association has. Robert (CLM) stated he can not spend monies without approval from the MSTU Committee. Many Committees object to expenditures being made unless authorized. A specific amount could be authorized for specific items by the Committee. Some plants are missing; (Ixoras) and some of the comers need plants. Discussion followed on the amount of mulch, minimal expenditures for plants, time of planting, and increasing the irrigation for present plantings. Increasing irrigation may cause fungus on other plants and sod damage. Bob Petersen suggested replacing the corners with Lirope, which is drought resistant. BJ moved to approve up to $5,000 in the Budget for replacement of plants along Vanderbilt Drive and other incidentals. Seconded by Bud Martin. Carried unanimously 5 -0. - Sod - weed killer has been applied - those areas that have carpet grass and crabgrass will be cut out and replaced. VI. OLD BUSINESS: A. Lighting Company - BJ spoke with Architectural Area Lighting. They will install two different light structures at Vanderbilt Beach Inn. They will not be portable. If the Vanderbilt Inn is no longer in existence permission from them can be given to have them removed. Dick Lydon had asked Randy Boone for a sample of one or more lights at Vanderbilt Inn so everyone could see them for two weeks before and two weeks after the meeting in February. B. February Meeting - the question was brought up of voting on the lights at the meeting. A consensus to go ahead with the lights or not would probably be the best way to proceed. Bob Petersen has the mailing list and a flyer needs to be made up. BJ will work out the details with Eileen Webster, e-mail it to Sue, and she in turn will e-mail it to the members for approval. Eileen will do the final approval for printing and Bob will do the mailing. 2 Dick wanted to get the details worked out for the meeting as he will be out of town on the date of the meeting. C. Sidewalks Several questions were discussed as to the MSTU expenses - what are the Counties responsibilities and the MSTU's responsibilities. Sidewalks were asked about. Bob Petersen informed the Committee his Department is now under Diane Flagg and Alternative Transportation Modes, which also handles sidewalks. Not many dollars have been spent on sidewalks in the past. In the future the Committee can ask the County to partner on sidewalks or request ATM do the pathway. Bob's job is to see that the MSTU does not spend monies on anything that would be the responsibility of the County. The County pays for maintenance of the medians on a main arterial. Certain portions along 41 were installed as a partnership with Pelican Bay. The new portion is being paid exclusively by Pelican Bay with the County doing the maintenance. Another question of the County paying for upgrades - how would the Committee know they are not paying for upgrades that are not the purview of the greater governing body. Bob Petersen gave an example of the Livingston MSTU voting to put in decorative streets lights at an upgrade cost of approx. $223- 230,000. Many residents felt they were brought into the MSTU without any input. Grey Oaks petitioned the Board to be removed from the MSTU and the developer put in $150,000 into an escrow account to pay for their portion of the lights. The Livingston MSTU Committee now has voted to disband after their commitment has been met. The Vanderbilt Beach & Bays Association is very concerned and has several questions about the MSIVI itself. The history of the MSTU, why, what and when things will be done. Bud Martin stated there are questions about this being a scheme for Vanderbilt Beach Property Owners Association to get everyone to pay for their water and flowers. Questions about disbanding have been discussed among Beach & Bays members. Bud didn't feel he was qualified to speak on any of the subjects at the meeting. A lengthy discussion followed concerning the inception of the MSTU. An MSTU is formed by having 5096 phis 1 of the property owner's sign a petition. The Board of County Commissioners (BCC) also has the option of declaring an emergency in creating an MSTU. The $150,000 investment for the landscaping installed no longer had a source of income to maintain it, as the trust fund paying for it ran out of money. This necessity created the emergency and the BCC passed the Ordinance forming the Vanderbilt Beach MSTU. People need to know how they are WN,_ going to benefit from an MSTU. Bud asked if there is any information on property values before and after MSTU's. Everyone is looking at their tax bills with $200 -1,000 for the MSTU and only see improvements along Vanderbilt Drive. BJ commented there always has been an MSTU slot on the tax bills. Because of an increase in property values in the past two years, everyone noticed their tax bills being higher this year due to the appraised values. Ty Jackson - resident - commented on an MSTU being voted down a few years ago and wonders now they have one. Bob Peterson stated they did not vote on it this time, but the legal process for an Ordinance was followed and before it was voted upon by the BCC, a public meeting was held, and notices appeared in the newspaper. It was approved in July. The trust fund paying for the maintenance ran out of money in May. A lengthy discussion by the members pursued concerning establishing the MSTU and not being able to answer many questions without Dick being at the meeting. Dick said the meeting was primarily designed for whether they wanted lights for the Vanderbilt Beach area or not. Since the meeting will now be addressing other issues, Dick suggested canceling the meeting and not discussing lighting in the area any longer. It was a consensus of postponing rather than canceling the meeting. The Committee members feel a meeting or a letter should inform the residents about the MSTU; the history, purpose, why, how and all the positive benefits that will be derived for the entire area. The Committee should give an overall plan. This needs to be done soon. Mr. Ed Kant would be the best person to address the subject of MSTU's as he was instrumental in forming the Vanderbilt Beach MSTU. Bud Martin moved to postpone the February 27' meeting, with a letter to all residents informing them with a review of plans of the Vanderbilt Beach MSTU for the future. Seconded by BJ Savard- Boyer. Carried unanimously 5-0. D. Wooden Posts - After a brief discussion it was continued until the next meeting. E. Water at Sunset Bay - South end of Gulf Shore Dr. - no report F. North end of Gulf Shore Dr. Landscaping - no report G. Traffic Calming - Gerald Morris showed a map outlining the proposed turnaround and said Diane Flagg and Marla Ramsey are pursuing with the State and Vanderbilt Inn. 4 3 H. Water at comer of Vanderbilt Beach & Vanderbilt Drive - Regatta - no report I. Bench Replacements - Bud suggested setting up a fund for donating a bench - and they could decide where to put it. VII. NEW BUSINESS: A. Landscape Architect - no report VIII. PUBLIC COMMEN'T'S - none X. The meeting was adjourned at 4:00 PM. Next scheduled meeting is scheduled for 2:30 PM, April 3rd, 2003 AT ST. JOHNS CATHOLIC CHURCH 625 111TH Ave. Naples, FL 5 nderbilt Beach Property Owners Association PC-Box 771330 Naples, FL 34107 -1330 Vanderbilt Beach M.S.T.U. 2685 Horseshoe Drive Naples, FL 34104 Dear Members: I "-# F phone: 239 - 594 -2177 www.VBPOA.org February 5, 2003 At the most recent Vanderbilt Beach Property Owners Association Board Meeting, held February 3, 2003 it was decided a letter needed to be drafted to the Vanderbilt Beach M.S.T.U. There are three issues of importance: 1. Landscaping and Lawn Maintenance on Vanderbilt Drive We want to go on record and formally state that we are not satisfied with the maintenance and landscaping. We, for instance, note that at the ends of almost every one of the "canal streets" along Vanderbilt Dr. the planting areas are missing plants (usually lariope) and are badly rutted by heavy construction vehicles, these need to have the missing plants replaced and the ruts raked out. Along the length of Vanderbilt Dr. there are areas of tall grasses planted. Quite a few of these plantings have been missing for an inordinate amount of time, these need to be replaced. Several ixora bushes on the west sides of the sidewalk appear to be stressed and untrimmed, they too need attention such as fertilizer and clipping. We need to keep the heights of the plantings along the right of way at a reasonable height so that safety is not compromised by obscuring sight lines. The sprinkler system heads need to be repaired and/or cleaned at scheduled intervals. At the present time we don't feel that the current contractor is performing to a satisfactory level. For the increased taxes that we have been paying since the institution of the MSTU we fully expect and demand a higher level of service. If the contractor can not improve on his work then a new contractor needs to be found. 2. Traffic Speed on Vanderbilt Drive We would like the MSTU to investigate traffic calming devises: such as additional stop signs. Speeding is still a serious safety issue along Vanderbilt Dr. and needs to be addressed. We would like to see more traffic enforcement along this stretch of road. 3. Right -of -way on the sidewalks Since there is no bike lane on Vanderbilt Drive (which is an issue that we think should be looked at by the proper county department) we needs signs to remind the bicycle riders on the sidewalks on Vanderbilt Drive that pedestrians have the right -of -way. We would very much appreciate your attention to these matters. Respectfully, St 4a*VSt&-P� Susan Stiefel Secretary, VBPOA C: Bruce Burkhard, Chris Carpenter, Bruce Gray, Richard Kufta, Richard Linden, Liz Menish, Darren Whitener, Alan Yarusevich, B.J. Savard- Boyer, Charles Weyl �k 2] /§2 2$�§ QSc/ $))° } \ ; %\ 2/ Lo \ i L) K @ k � § @ § 2] LU k§ §2U)LL §�]2 �CO}� §Z�( .CC /0 o �e \( §* Z0w� £d§k [2 f 4� O N QQ N O O � a � � W � Q U O ( X 0 0 0 M CD 0 Wp 00000 m a ( DOr- N *- W N 0 LU LU O_j M O O O o 0 0 0 0 0 0 0 0 W� N O 0 000 00 0 c? O T 0 f- F -w Ow LLJ N J X QQ h Cr H Cr_ W ZQ H F- w0 pr- UW� LU LU O_j Z cr > O >�Cc LL >mQa3r0 °< Z Cr f- F -w Ow WW0W >- P: o[ w wcr-C7 z W Q W U? 0 Z U Z W W 0 000000 O I O N O O O T Cl) N N O W V O C^ T CD 00 00 C7 M M M rt It W Cf) O CO co 0 0 ItT 00 It ICT T T N 0) N 0) 0) V W U /N/l CD a) CC) f T T T CY) T T Q) CA UVINGSTON ROAD PHASE 11 BEAUTIFICATION N.S.T.U. K ADVISORY COMMITTEE SUMMARY OF MOTIONS 4 RECOMMENDATIONS Febrnary 5, 2003 111. Approval of Minutes: Charles Douglas moved to approve the minutes of June 26, 2002 and minutes of the Special Meeting September 12, 2002. Seconded by Bill Convoy. Carried Unanimously 4 -0. V1. Old Business: A. Financial Commitments B. Current A Future Status of MSTU After a lengthy discussion between Heidi Ashton, Assistant County Attorney, and the committee about disbanding and the proper procedure to follow, a motion was made. Charles Douglas moved the County not spend or incur any further expenses as presented by the Budget Office after January 1, 2003. The remainder of the amount owed will be assessed against the remainder for the MSTU properties, minus Grey Oaks portion, ($18,955.79) which will be removed from the MSTU. That amount would be assessed among the remaining members using the assessed values from July 2003. The soonest time after the tax has been levied the MSTU will disband. Seconded by Dex Groose. Carried unanimously 4 -0. PY"X. l,un -es. Crbes To: YIN6STON ROAD PHASE 11 BEAUTIFICATION 16�+ bruary 5, 2003 M.S.T.U. ADVISORY COMMITTEE AGENU 1. CALL NEE= TO ORDER 11. ATTENDANCE NI. APPROVAL OF MNWTES: lore 26, 2002 A Special Meeting 8.12 -02 IV. 7RANSPORTATN011 SUMS REPORT A Budget Report V. OLD BUSINESS A. Financial cornnkments B. Corrert i Future Status of MSTU Vi. NEW BUSINESS VNI. ADl0UR11 W The ■ett meeting is to be detemined 2685 South Horseshoe Drive, Suite 212 Naples, FL 34104 Petersen —b 611 From: smykowski_m Sent: Wednesday, February 05, 2003 1:10 PM To: Petersen _b Subject: MSTU's F Livingston Road Analysis.xis Livingston Road MSTU Analysis Re a ment of Gre Oaks Costs Incurred I Proportionate Share Expenses Transfer Transportation Engineering Su ort Street Lights $228,583 $25,000 Total $253,583 $134,627.21 =$134,618.29 Taxable Valu�e�% of Total Grey Oaks Taxable Value Kensington Taxable Value ndemere Taxable Value Miscellaneous Taxable Value Total Livingston Road MSTU Anal sis $452,466,094 $215,106,989 $175,762,739 $8,983,053 $852,318,875 53.09% $0.62% 52 1.05% 100.00% $63,998.91 $W 52,293.15 $2,672.65 $253,583.00 Repayment of Grey Oaks Expenses Costs Incurred Proportionate Share Transfer (Transportation Engineering Support) Street Lights $228,583 $25,000 Total $253,583 $134,627.21 Taxable Value % of Total _ Gre Oaks Taxable Value Kensington Taxable Value W ndemere Taxable Value Miscellaneous Taxable Value Total $452,466,094 53.09% $215,106,989 25.24% $175,762,739 20.62% $8,983,053 1.05% $852,318,875 1100.00% 1$253,583.00 $134,618.29 $63,998.91 $52,293.15 $21672.65 VI. NEW BUSINESS A. City of Naples TDC Request — Lowdermilk Park B. Tradewinds Foundation VII. OLD BUSINESS — (no inserts) A. Boat Launch and Beach Access Report (BCC Workshop 3/12/03) B. Interlocal Agreement Beach Access C. TDC Application — Beach Maintenance VIII. SPECIFIC UPDATES - (no inserts) A. Livingston Woods B. North Naples Regional Park C. Golden Gate Community Center D. Isle of Capri IX. REPORTS/UPDATES A. Monthly Report B. BCC Recap C. Special Event Calendar PARKS AND RECREATION ADVISORY BOARD ,��������; D. March 19, 2003 F. Adopt A Park East Naples Community Park MAR 1 C 2003 Board of County Commissioners I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE TO THE FLAG Fiala _ Halas Henning ' III. INVOCATION Coyle Colette IV. APPROVAL OF MINUTES V. AWARD - Katie Whittier, Administrative Secretary and Chris Oberg, Fiscal Representative VI. NEW BUSINESS A. City of Naples TDC Request — Lowdermilk Park B. Tradewinds Foundation VII. OLD BUSINESS — (no inserts) A. Boat Launch and Beach Access Report (BCC Workshop 3/12/03) B. Interlocal Agreement Beach Access C. TDC Application — Beach Maintenance VIII. SPECIFIC UPDATES - (no inserts) A. Livingston Woods B. North Naples Regional Park C. Golden Gate Community Center D. Isle of Capri IX. REPORTS/UPDATES A. Monthly Report B. BCC Recap C. Special Event Calendar D. Parks Update D. Recreation Update F. Adopt A Park X. MEETING SCHEDULE XI. MEMBER/ADDRESS LIST Date-, Copies Te: MINUTES PARKS AND RECREATION ADVISORY BOARD MEETING Veterans Community Park February 19, 2003 Present: John Ribes, Chairman Ski Olesky, Vice - Chairman Frank Donohue Chuck McMahon John MacDougall Ronald "Jeff' Brown Absent: Mary Ellen Rand Staff: Marla Ramsey, Director Joe Delate, Sr. Project Manager Steve Whittier, Recreation Manager James Fitzek, Operations Manager Murdo Smith, Beach and Water Superintendent Amanda Oswald, Operations Coordinator Barbara Johnson. Sr.. Admin. Assistant Others: Louise Hardy, Administrative Secretary Kay Human, Fiscal Technician Gail Wilver, Fiscal Technician I. Call to Order by John Ribes, Chairman II. Pledge to Flag III. Invocation by Frank Donohue IV. Approval of Minutes — Minutes of last meeting approved V. Awards: Louise Hardy, Kay Human, Gail Wilver — Office Support Staff Changes to the Agenda: New Business: B. Addition of Food Grant under New Business VI. New Business A. TDC Project Grants: 1 WE;�r Barefoot Beach Preserve Park Entrance — improvements will include a new gate house at the entrance to the Preserve, fencing, landscaping, etc. to make the entrance more attractive. Barefoot Beach Preserve Back Bay Pier - $865,000. — includes a 1,000 foot board walk to the Back Bay water way. Instead of landing at the south tip of the Preserve, boats may travel the back water ways bringing people to the area of the learning center and restrooms. This will provide a more enjoyable experience for the public and help save erosion on the south end of park. Clam Pass Park Parking Lot — this project consists of re- surfacing the 182 space parking lot for approximately $40,000. The lot was sealed several years ago and now needs to be resurfaced. Pedestrian Beach Access at Vanderbilt Beach Road — Improvements to an existing pedestrian access to the Gulf. Repairs will be made to the end of the existing boardwalk, as well as other minor improvements, to make the access safer for pedestrian use. Joint application with the City of Naples for beach maintenance — cleaning of restrooms, trash removal, raking /grooming beaches, etc. The Department has not received any cost figures from the City, but they should be available for the March meeting. TDC reviews all applications in April, with BCC making the final determination. A RLS has been sent to the Attorney's Office to determine whether or not the two Barefoot projects are definitely tourist related and entitled to receive TDC money. MOTION by Ski Olesky: we accept what was recommended and go forward. Seconded. Back Bay Pier discussion — although there is a restriction on building docks at the present time, the idea is to have the money in hand and then apply for the permit. Motion passed. B. Food Grant Parks and Recreation has conducted this program every year in conjunction with the State. The program in the County has grown 10% annually since its inception and is now one of the largest programs in Florida. This year's $460,000. grant will be used to provide residents of the County under 18 years of age living in areas meeting the requirements, breakfast and lunch. The food is served at summer camp sites as well as a number of other locations where recreation programs are not being held - Farm Worker Village, River Park, Everglades City, school sites, etc. Forty -nine per cent of children in Collier County qualify for reduced lunches and the criteria for the summer food program is the same. 2 MOTION: Approve and recommend support efforts of food grant. Motion by Chuck McMahon. Ski Olesky seconded. Motion approved. VII. OLD BUSINESS — A. Boat Launch and Beach Access Report. This report was provided to PARAB last month and will be presented in Power Point format to BCC at a workshop scheduled on March 12th. The presentation will consist of two segments — boat ramps and beach access. The lack of parking spaces at the boat launch facilities is a major concern. The desired level of service cannot be achieved without funding, which is not available. TDC monies are not an option for building boat ramps and impact fees will not allow purchasing water access property. The only fresh water ramp is located at Lake Trafford. Consideration has been given to have a ramp going into the Golden Gate Canal but conflicting legal opinions have been received over the years. The canals are not recreational, some are designated as drainage easements on people's property. The canals are considered drainage in the Estates, but canals in Golden Gate City. If the County did construct a ramp, the County would have to assume liability from all the people in the canal system. South Florida Water Management would relinquish maintenance of the canals and the responsibility would then lie with the County. (2) Beach Access — this section of the reports accounts for every linear foot of beach in Collier County; the intent was to show areas where the beach is inaccessible by land. (Example — 12,000 If at Pelican Bay, 7,100 if along Lely Barefoot - both areas where in the past developments were granted large tracts of land leaving the beach inaccessible by land. The County cannot establish a level of service in the Growth Management Plan indicating parking spaces per population because it could not be met and would result in fines. Even if funding were available for property purchase, the land itself may not be. The proposed boardwalk at Tigertail is very controversial. At the present time there is t/2 to 3/4 mile walk to get to the beach from the parking area. Once there, there are no restrooms available. Transportation is working on plans considering a turnaround at Bluebill as well as doing pull offs along Vanderbilt for shuttles. These options will be necessary whether or not the Vanderbilt garage is constructed. The garage would solve today's concerns but does not provide enough parking for the future. One main concern with shuttling is where do people go in case of lightning and thunder storms. 1611 The scheduled BCC workshop will hopefully provide some direction to the Department for solving these concerns. B. Interlocal Agreement with the City: At a recent meeting the City and County discussed the beach agreement. The County was in support of paying its fair share of the City beach maintenance in exchange for the use of the beaches; however, this amount, or formula to use, has not yet been determined. VIII. SPECIFIC UPDATES A. Livingston Woods — Due to the results of a public petition at the BCC meeting, this project is on hold until March 11th when both sides may voice their concerns. In the meantime PARAB members will speak to some of the commissioners and Chuck offered to speak at the BCC meeting. Staff is offering two options: (1) continue to create the neighborhood park or (2) sell the property and construct a park in a needier neighborhood. MOTION: That we support an active neighborhood park — Livingston Woods - as we originally voted. Motion made by Chuck McMahon and seconded by Frank Donohue. Motion approved. B. North Naples Regional Park — The Corps has begun reviewing the permit application and the Department is still considering ways to reduce the construction cost. The organic muck from the road is being analyzed to determine if it can be used in the park; if this does not prove to be feasible, the suggestion was made that owners of groves may be interested in using it. C. Golden Gate Community Center — The Fire Department has not yet issued the main building permit filed October 28th, 2002. Requested responses were supplied by Parks and Recreation but the Fire Department had not read them, resulting in a further delay. A formal complaint will be filed with the Fire Commissioners. D. Isle of Capri - This park will be named the Capri Neighborhood Park. A site improvement plan is to be submitted for approval and the playground equipment has been ordered. If the LDC rules are not changed, engineers will be required for the construction of all neighborhood parks, adding an approximate additional $10,000 cost to each project. IX. REPORTS/UPDATES A. Grants — Two applications were submitted since the last PARAB meeting. They were for a new after school program for middle school kids at Corkscrew. Active Living by Design offers $250,000 over the course of five years; the Department rd requested only half that amount. The second application to Community Foundation of Collier County requesting $5,000 for materials and equipment for the same program was denied. B. Monthly Report - no comments C. BCC Recaps — no comments D. Special Event Calendar — Country Jam will be held March 14, 15, and 16th at the Vineyards Community Park. Terri Clark will be featured on Friday, Tracy Byrd on Saturday and Darryl Worley on Sunday. Invitations to work the event were distributed to PARAB members. On Sunday and Monday the Friends of Sugden Park are sponsoring a show featuring the Lippizan stallions. The show takes place at 1:00 pm; tickets are $15.00. E. Parks Up -Date — no comment F. Recreation Up -date. Summer Camp flyer has been distributed to schools. Registration starts the first week of March. G. Adopt A Park — no report. Jeff had to leave early. X. Meeting Schedule — next meeting is March 19th at East Naples Community Park Meeting adjourned 5:05. Ski corrected cell number - 289 -8444 ribes @jrlpllc.com 5 1611 < ,i Collier County g 7 oo ,t �;.c�unty C,arnmissioner'S CDBG Citizen Advisory Task Force December 12, 2002 — 1:00 PM Community Development and Environmental Services Building Fiala Conference Room "E" I��as 2800 N. Horseshoe Drive, Naples, Florida 34104 Coyle Coletta Agenda Call Meeting to Order — Roll Call II. New Business A. Review and Ranking of FY 2003 -2003 Community Development Block Grant (CDBG) applications BRIEF RECESS B. Review of CATF Applications and Recommendation to Board of County Commissioners C. Extension for Small Cities and Counties program — Immokalee Manufacturing Facility III. Approval of Meeting Minutes A. Approval of May 9, 2002 Meeting Minutes B. Approval of September 12, 2002 Meeting Minutes IV. Old Business V. Announcements 1 CITIZENS ADVISORY TASK FORCE COMMITTEE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE December 12, 2002 Meeting (Minutes Tentative Until Approved by the CATF) I. The meeting was called to order at 1:05 p.m. by David Corban. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy X Kathleen Herrmann X Ellen Christian -Myers X David Corban X Russell Tuff X Staff Present: Financial Administration and Housing (FAH) staff — Denny Baker, Lee Combs, Susan Alden, Gary Young, Janeen Person -Coale and Julia Langhorn Applicants Present: Elaine Antonacci, (Immokalee Multicultural Multipurpose Community Action Agency (IMMCAA) Cheryl Wickersham, United Church Homes Amanda Townsend, Collier County Parks and Recreation Richard Nogaj, Harvest for Humanity, Inc. Mary Ann Durso, Habitat for Humanity, Inc. Dr. Sam Durso, Habitat for Humanity, Inc. Barbara Cacchione, Empowerment Alliance of Southwest Florida, Inc. Bill Klohn, Arrowhead Apartments Ltd. Patrick McCuan, Arrowhead Apartments Ltd. Barry Williams, Colllier County Human Services Barbara Mainster, Redlands Christian Migrant Association (RCMA) Also Present: Susan Golden, City of Naples Teri Karp, Collier County Hunger and Homeless Coalition Mary Soucek, Collier County Hunger and Homeless Coalition Marlene Foord, Collier County Grants Patricia Prather, a court reporter from Naples Court Reporting, Inc. was also present. 2 II. New Business A. The CATF reviewed nine (9) applications for Community Development Block Grant (CDBG) funding in the 2003 -2004 program cycle. The following applications were recommended for funding: Housing: • United Church Homes, Inc. (Immokalee Senior Housing) $275,000 • Habitat for Humanity (Charlee Estates — Phase II infrastructure) $700,000 Economic Development: ;acilities: Harvest for Humanity (Job Creation at Blueberry Store) $100,000 Public • Collier County Public Services (EN Community Center Senior Center addition) $83,000 ** with $255,000 set aside in 2004 -2005 and 2005 -2006 program years Public Services: • IMMCAA (Job training and support) $60,000 • Empowerment Alliance of SW Florida (Education and Training) $54,000 • Collier County Human Services (Prescription Medication Service) $130,000 B. The CATF reviewed the applications for appointment to serve on the CATF and recommended the following people be appointed: Russell W. Tuff — reappointment — Business Leader (unanimous) Jodi Bisogno — appointment — Social Services (to fill the seat vacated by Kathy Herrmann) (unanimous) C. The CATF approved 4 -0 that the County extend the termination date of the agreement between Collier County and the Department of Community Affairs (DCA) for the Small Cities and Counties CDBG funding used to build the Incubator at the Immokalee Airport. Due to various delays, it seems prudent to extend the termination date to March, 2004 to enable the leasee to have adequate time to have the required 22 jobs in place. III. Approval of Meeting Minutes A. Approval of May 9, 2002 - approved by 4 -0 vote. B. Approval of September 12, 2002 — approved as corrected by 4 -0 vote. IV. Old Business A. Lee Combs gave each CATF member a copy of a letter from HUD in response to Collier County's Consolidated Annual Performance and Evaluation Report (CAPER). This was the first year a CAPER had been submitted and HUD was very pleased with the accomplishments of the CDBG program. B. Lee Combs told the CATF that Collier County had been approved for Home Investment Partnership Act (HOME) program a year earlier than expected. The anticipated funding is approximately $800,000. Unlike CDBG, this program will focus on housing. Community Housing Development Organizations (CHDOs) will received a 1.5% setaside for eligible projects. The Citizen Participation Plan relating to public hearings would be followed so that the public knows of the availability of the funding; public hearings have been scheduled for early January in Immokalee and Golden Gate. Since the regulations are very complex, Lee Combs suggested that the CATF allow staff to determine eligibility for funding. The CATF unanimously approved that staff be allowed to determine funding priorities and eligibility. 3 1611 IV. New Business A. The next meeting is scheduled for March (date and time to be determined). There will be one new member of the CATF. Denny Baker suggested that the CATF be given training regarding CDBG rules and regulations, the Sunshine Law and Board Protocal; the CATF unanimously agreed. A bus tour of the CDBG projects will be scheduled for the Spring. V. Adjournment of Meeting 5:25 P.M. G: \CDBG \Citizen Advisory Task Force\2002 CATF Meetings \CATF Minutes 12- 12- 02.doc 4 1611 €;ECEIVEC.) CDBG k A R : �. X003 am oc,r;i. i +'Ion,missi one r•s Citizen Advisory Task Force March 20, 2003 4:00 PM Community Development and Environmental Services Building Conference Room "E" 2800 N. Horseshoe Drive, Naples, Florida 34104 Agenda I. Call Meeting to Order — Roll Call A. Introduction of New CATF Member — Fred Thomas B. Election of new CATF Chair II. Approval of Meeting Minutes A. Approval of December 12, 2002 Meeting Minutes III. Review of Small Cities Community Development Block Grant — Immokalee Manufacturing Facility II IV. Review of FY 2003 -2004 One -Year Draft Action Plan V. FY 2001 -2002 Project Update /Amendment VI. FY 2002 -2003 Project Update VII. New Business A. Discuss possible bus tour of FY 02 -03 projects VIII. Adjourn 1 CITIZENS ADVISORY TASK FORCE COMMITTEE COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES CONFERENCE ROOM "E" 2800 NORTH HORSESHOE DRIVE March 20, 2003 Meeting (Minutes Tentative Until Approved by the CATF) I. The meeting was called to order at 4:04 p.m. by Janeen Person - Coale. There was a quorum present. ROLL CALL ABSENT PRESENT Bill McCarthy X Fred Thomas X Ellen Christian -Myers X David Corban X Russell Tuff X II. Staff Present: Financial Administration and Housing (FAH) staff — Denny Baker, Lee Combs, Susan Alden, Gary Young, Janeen Person -Coale and Julia Langhorn III. Introduction of new CATF member Mr. Fred Thomas by Janeen Person - Coale. Mr. Thomas a brief over view of his career. Russell Tuff was congradulated for his re- appointment to a second term. IV. Election of CATF New Chair. Ellen Christian -Myers nominated David Corban. Second motion by Russell Tuff. Motion to approve, carried 510. V. Approval of December 12, 2002 minutes. Bill McCarthy motion to approve, second by Russell Tuff. Motion to approve carried 510. VI. Review of Small Cities Community Development Block Grant - Immokalee Manufacturing Facility II. Overview, synopsis and status provided by Staff followed by question and comment period from CATF members. VII. Review of FY2003 -2004 One -Year Draft Action Plan. Overview of projects and CDBG funding provided by Staff. Plan to be on BCC agenda on 4/22/03. Chair David Corban to attend meeting. VIII. FY2001 -2002 Project Update. Staff proposed approval of recaptured funding from FY 01 -02 for two projects. The Rural Prescription Drug Program, which will receive an additional $46,500, and a new project recommended by staff, the Youth Work Program for Immokalee which will receive funding in the amount of $50,000. Motion to approve by Fred Thomas, 4 161 1], second by David Corban. Motion to approve carried 4/1 with Russell Tuff voting against, with a request for staff to provide budgetary information within thirty days to CATF Members. IX. FY2002 -2003 Project Update. Staff reviewed current status of all related projects followed by question and comment period for CATF members. X. New Business - Discuss possible bus tour of FY02 -03 Projects. CATF members unanimously voted in favor of touring 2002 -2003 projects and requested staff to contact them with possible dates in May. XI. Meeting was adjourned by CATF Chair, David Corban at 5:20 p.m. 3 SLES OF CAPRI FIRE / RESCUE Fiala ADVISORY BOARD Halas Henning Coyle February 6, 2003 t Coletta e f - ATTENDING: Chief Emilio Rodriguez Jerilyn (Jeri) Neuhaus Benjamin Pearson Jay Cavanaugh Tara LeGrand James (Jim) Lewis Also attending: Victor Hill, Marco Island Eagle ABSENT: MAR 1 2 200:1 Board of County Commissioners The meeting was called to order by Chief Rodriguez. The new Board members were introduced: Jay Cavanaugh and Benjamin Pearson. Jeri Neuhaus has been re- appointed to another term. Selection of new Chairperson: Jim Lewis nominated Jeri Neuhaus. Nomination was seconded. The vote was unanimous, Jeri Neuhaus is the new Chairperson. CHIEF'S REPORT Chief Rodriguez reviewed and explained the Chief's report for the new members and answered questions. A. OPERATIONS REPORT In District Calls Fire Related: 12 Brush Fires: 3 Vehicle Fires: 0 Structure Fires: 0 Fire Alarm: I Vehicle Accidents: 4 Out of District Move Ups 3 Hazardous Material Calls Public Assist 0 4 ;'.. ,r rs'•s: Special Events 0 13G =1e: _ Other Fire Related Calls 0 Out of District Calls 8 Brush Fire 1 f; ,n ics To: C Fire Alarms 2 Vehicle Accident 1 Move Ups 4 Medical Calls — In District 4 Med- Flight 0 Medical Calls — Out of District: Marine Related Calls Rescues 2 Dive Team 1 Total In District Calls 28 Total Out of District Calls 9 Total Calls as of 1131/03 31 2002 to date: 38 calls Brush fire season will increase the number of calls. The County has implemented a new financial system, SAP for accounts payable, payroll and budget. VOLUNTEER REPORT The Volunteers have formed their own non - profit organization so that they can accept tax deductible donations and so that the volunteer organization will be able to purchase the equipment needed by the volunteers and relieve the District of that expense. They have a charter and hold their own meetings with their officers. Once all is completed and reviewed by the County Attorney's Office, Chief Rodriguez will supply all board members with copies of the volunteer organization's by -laws. Chief Rodriguez suggested to the Board that the president of the volunteer organization attend future board meetings. That person will give the volunteer reports. Chairperson Jeri Neuhaus suggested that the members be given a roster of the current volunteers. Chief Rodriguez answered questions about the volunteer program. TRAINING REPORT The volunteers and staff trained by burning parts of the "Old Clubhouse" on Main Sail Drive. More training is planned for this site before the building is torn down. D. BUDGET REPORT Budget preparation will begin soon. Motion to accept the Chief's Report was seconded and voted on. Chiefs Report was accepted. OLD BUSINESS No Old Business to discuss. NEW BUSINESS Chief Rodriguez handed out copies of the By -Laws to all Board members. Chief Rodriguez discussed the Sunshine Law and how it applies to the Board members. Discussion of the By -Laws and absences at meetings. Chief Rodriguez should be informed of any absence prior to a scheduled meeting. He will then inform the Chairperson Election of Vice - Chairperson: Jim Lewis was nominated, seconded and voted in as the Vice - Chairperson. BOARD & CITIZENS OPEN DISCUSSION Motion, second and vote to adjourn meeting. Fiala 1611 Halas RECEIVED Henning Coyle MAR 1 2 2003 Coletta COUNTY AIRPORT AUTHORITY MINUTES OF FEBRUARY 10, 2002 Board of County COmmissioners MEMBERS Monte Lazarus PRESENT: Dennis Vasey ABSENT: Steve Price STAFF: Bob Tweedie Debi Muller PUBLIC: John Henderson Ilonka Washburn Kenny Baker Bill West Robin Doyle Gene Schmidt Raymond Rewis Thomas Palmer Bob Titus Gail Hambright Stephanie Taylor Winona Stone Jim Mudd Bill Griffith Larry Fox Donna Fox Arthur Rubens Lee Combs I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. II. APPROVAL OF AGENDA Consent agenda III -D to be removed for discussion. Additions to agenda: IV -G Commercial Paper Loan; VI -A Budget Mr. Schmidt moved for approval of Agenda with changes. Mr. Vasey seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: Minutes of January 13, 2003; Monthly Financial, ending December 31, 2002; Bid Award — Everglades Airpark Runway Lighting Project; Enterprise Rent -A -Car Agreement Mr. Schmidt moved to approve the Consent Agenda. Mr. Vasey seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. III -D Sublease of Facilities and License of Uses AgreemcMt;Wv &drew Silvester D /B /A Suncoast Sportsplanes, Inc. Dz, le: Copies To: Collier County Airport Authority Minutes February 10, 2003 Page 2 1611 The Sublease of Facilities and License of Uses Agreement signed 9/10/2001 with Andrew Silvester D /B /A Suncoast Sportplanes expired on August 31, 2002. Revisions have been made to original lease to extend term. Recommendation: Staff recommends that the Authority approve Agreement and authorize Chairman to execute all necessary documents. Mr. Doyle moved for approval of recommendation. Mr. West seconded the motion. Motion passed unanimously 4 -1 Mr. Lazarus abstained. B. November 2002 Financial Statements Discussion was suspended when Mr. Mudd arrived. C. County Manager Jim Mudd Mr. Mudd addressed the board regarding the Board of County Commissioners request from the Airport Authority as follows: Update to Business Plan; update to Mission Statement for each Airport; establish specific goals; identify challenges and opportunities associated with the goals; identify measurable plan responses to the challenges and opportunities; recent financial trends and updated financial forecast; updated Business Plan to be structured by project not by airport; financial — leasing the land with tenants paying for buildings; develop a plan on how the loan is to be carried on the books; look for sources other than general funds for financing; for the Airport Authority Executive Director, John Drury, letter to the Board dated June 20`" the board established the strategic planning committee to address the following: develop a strategic plan, develop a business plan, and identify social and economic impact benefits for the Airports of Collier County. Mr. Mudd noted that he had gone to the board at the January 14, 2003 meeting and went over the Authority Board Ordinance with no recommendations to the Board. Mr. Mudd was instructed by the Board of County Commissioners to research efforts for compliance on legal obligations regarding the Airport Authority, provide a plan that insures that the Board fulfills their legal obligations while providing the County Manager staff with the authority to question Airport Authority financial documents without violating the Airport Authority ordinance; with assistance from the Airport Authority to develop alternative options for administration of the airports and present to the Board after May 1, 2003; provide an annual report by March 15, 2003; provide FY- 04 tentative budget by May 1, 2003 or otherwise in accordance with the County general budget policy whichever day is earliest; provide an updated business plan -with the budget request it could be a 5 -year update; to delay Collier County Airport Authority Minutes February 10, 2003 Page 3 hiring of the Executive Director until the Board of County Commissioners has made a determination on its intentions regarding the Airports and the Airport Authority Ordinance. Mr. Lazarus wanted it noted for the record that at least one County Commissioner had said to him, directly, "oh you're a bunch of pilots" regarding the user issue, Mr. Lazarus wanted to make it clear that they are not all pilots, and their primary interest is not to fly airplanes. "We are dedicated people it is a labor of love, we care about the airports and the impacts they have on the community" says Mr. Lazarus. "The airports are not gas stations and airplanes, they are economic engines for the community and we can show that what we are doing is an investment that brings in jobs, revenues, etc. We are the only agency, that I know of, in the county that is building an asset base and we are providing a return for the county. We are dedicated people. We are open, we don't always agree with each other, we are responsive and I think you have an awful lot of talent sitting around the table that the county should continue to make use of." Mr. Lazarus noted that he was disturbed by the reaction of some of the Commissioners towards the operation of this Airport Authority. "I think they have been unfair, un- knowing, I don't think they have the facts and I think it is only responsible to allow us to put the facts openly and honestly before you and the Board of County Commissioners so they don't do anything precipitous which will hurt the county rather than improve it." Mr. Lazarus apologized for being a little strong but he is rather passionate about these issues. He commented on what a wonderful job the Authority has done over the past years and one of the things that disturbs him is that not one single member of the Board of County Commissioners has ever said in his presence "thank you for what has been done in the last 8 years to improve our airports. Prior to that time the airports were neglected." Mr. West voiced his frustration of not being able to hire an Executive Director. "We are looking at doing a 5 -year plan and it would be easier to accomplish that with permanent leadership. It is like putting the cart before the horse. How do you do a vision statement for the airports and what the airports are going to become without having that leadership in place ?" Mr. Mudd stated that he would give Mr. Tweedie whatever he can out of the county staff in order to help him in the process. Mr. Doyle reported that he did not want us to lose site of the fact that our airports are part of the transportation infrastructure that the government provides. "I have heard the term `pilots club', I suspect all of us are members of the drivers club, we all drive on county and state roads but nobody talks about that being a club because it's part of the transportation infrastructure. Collier County Airport Authority Minutes February 10, 2003 Page 4 We need to have our lives and our economy boom and I think the airports are part of that infrastructure. We need to recognize that and there is a cost associated with the airports. To the extent that we can cover that cost through revenues, we would like to do that but we are not in a situation where we have a major regional airport within our network of three airports. I just hope we don't lose site of the fact that I think they are an important part of the transportation infrastructure and an important part of the economic engine." Mr. Schmidt commented that he has worked on a number of airport boards and authorities the last one was Chairman of the Naples Airport. "I have never worked with a finer board or a finer group of employees that you have the pleasure of having at the Collier County Airport Authority." Mr. Vasey noted that one of the aspects that has really not been touched on much, and it is not one of the things the community thinks of, is the relationship with the Airport Authority to major groups within communities. "More importantly to the supervisor of schools, Collier County, and Vo -Tech, and the potential for taking young people from schools and providing them with professional opportunities. Not only that, but just the availability of a truly functioning airport system for hurricane recovery, for disaster, recovery for major law enforcement operations and for diversions when other aviation facilities are inoperable for whatever reason. These are reasons that I have generally not found in a ledger and you can't go to anyone's office and find out how much revenue was generated but you can find out from sales of homes and businesses and other business opportunities how little you're getting things, and when you ask them why they are not here, the answer is generally you just don't have the economic tools to attract us. Yet we are willing to put money on other venues to attract them, but we don't ever really complete it because there is some pettiness in the system. Instead of cooperating between the constitutional officers, the Collier County government and the Board of County Commissioners, there isn't any. There always seems to be an open dispute; we seem and others seem to be targets of whatever vindictiveness these individuals can bring out. But yet they lose site of the most important thing and that is the people that operate this system and the people that use this system are generally not one in the same that benefit from this system." Mr. Lazarus commented that we are all deeply grateful for Mr. Mudd taking the time to come and visit with the Authority. Over and above that the openness is tremendous and that we have not had this experience in 8 years where we were able to sit down openly with the County Manager and get to these issues. We are deeply grateful. Collier County Airport Authority Minutes February 10, 2003 Page 5 151 Discussion was held regarding the Board of County Commissioners requests. D. IV -F Immokalee Proposed Motorsports Complex Public Workshop Previously the board was presented with a preliminary proposal from the Florida Gulf Coast University for the coordination services of a public workshop for the proposed Immokalee Motorsports Park. The board directed staff to present additional options particularly with regard to the proposed budget for the workshop. In this effort staff has worked with Dr. Rubens of the Florida Gulf Coast University Center for Leadership and Innovation. Mr. Rubens addressed the Authority with his proposal of three different options. Discussion was held. Recommendation: To develop a letter to the developer stating that we request an assessment acquired at their expense by using personnel from Option "A "; variable expenses from Option "A "; and fixed expenses form Option "C" as an assessment standard. Mr. West moved for approval of recommendation. Mr. Vasey seconded the motion. Motion passed unanimously. E. IV -D Incubator Review Committee Mr. West updated the board on the progress of the Immokalee Incubator Program Review Committee. Discussion was held. Recommendation: Modify the terms of the existing license agreement and add the word "vacancy" under 2. Mr. West moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. Discussion was held. Recommendation: Approve and adopt 1, 3, 4 and 5. Mr. Lazarus moved for approval of recommendation. Motion was seconded. Motion passed unanimously. Collier County Airport Authority Minutes February 10, 2003 Page 6 F. Lease — Immokalee Incubator Phase II facility Discussion was held. Recommendation: To table item. Mr. Lazarus moved for approval of recommendation. Mr. West seconded the motion. Motion passed unanimously. G. Authorization of $500,000 Commercial Paper Loan Recommendation: That the Authority authorize the Chairman to approve an Executive Summary to be submitted to be Board of County Commissioners recommending the adoption; a resolution authorizing a loan in an amount not to exceed $500,000 from the Commercial Paper Program. Moved for approval of recommendation. Approval was seconded. Motion passed unanimously. H. Civil Air Patrol Lease — Marco Airport Recommendation: That the Authority authorize the Chairman to execute the lease with the Marco Island Civil Air Patrol squadron. Mr. Schmidt moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. V. OLD BUSINESS VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 4:30p.m. Fiala Halas 1611 Henn ng i � Coyle ----Z MAR 1 8 2003 %oard oit Countj Commissioners 1. Meeting called to order 2. Roll Call 3. Minutes of meeting of February 27, 2003 4. Landscape Maintenance Report 5. Landscape Architect's Report - Mike McGee 6. Alternate Transportation Modes Report — Val Prince, Robert Petersen 7. Housekeeping items 8. Committee Members' Reports 9. Old Business 10. New Business 11. Public Comments 12. Adjournment Date: , V r', r 161' Iz� �alj 4s4&s ,8�auti�i�atio�r t I�iiu�%so�� Caarari� KateB - f�eetir� o� f 6raar 27, 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS 4. MINUTES OF JANUARY 16,2003: Bob Cole moved to accept the minutes as amended; seconded by Ron Torp and carried unanimously. 8. HOUSEKEEPING ITEMS C. Bob Slebodnik met with Val Prince and Bob Petersen at the Baltusrol monument. He noted that George Ramsey, President of the Lely Civic Association, would pay for the new signage out of their budget. After clean -up, volunteers will landscape the area using donated plants and mulch. After some discussion, Ron Torp moved to rescind the motion made by a previous board to destroy the monuments; the motion was seconded by Bill Erickson and carried unanimously. D. It was estimated that it would cost approximately $500 to clean up the Baltusrol monument area. Bill Erickson made a motion authorizing the expenditure of up to $500 for this purpose; seconded by Ron Torp and carried unanimously. 9. NEW BUSINESS C. There was a lengthy discussion regarding funding for the future projects. It was estimated that after October 1$', a $40,000 loan would be needed. As the loan will not be needed right now, Bill Erickson moved to rescind a prior motion requesting the loan and a budget amendment utilizing reserves. The motion was seconded by Bob Cole and carried unanimously. Bob Cole made a motion requesting a budget amendment to move $28,000 from Reserves to Operating funds; seconded by Bill Erickson and carried unanimously. Based on the budget amendment, Bob Cole made a motion to proceed with the improvements to Forest Hills Boulevard; seconded by Bill Erickson and carried unanimously. /-o,/ 2003 Meeting Called to Order at 4:03 pm. 2. Location: Transportation Road Maintenance Conference Room. 3. Attendance Taken: Present - Robert Cole, Bill Erickson, Ron Torp, Tony Branco and Bob Slebodnik, members; Bob Petersen, Transportation Road Maintenance; Robert Kindelan, Commercial Land Maintenance; Mike McGee, McGee & Associates. Jacqueline Silano, recording secretary. 4. MINUTES OF JANUARY 16, 2003: Bob Cole moved to accept the minutes as amended; seconded by Ron Torp and carried unanimously. 5. LANDSCAPE MAINTENANCE REPORT A. Robert Kindelan advised that regularly scheduled maintenance has been performed. B. The Pebble Beach renovation has been routine except the control wiring had to be abandoned in order to convert to the two -line system. All the median tips had to be dug up and some plant material replaced. The sleeves were plugged with dirt and water had to be injected to clear every tip. Apparently there is no power at the meter and Florida Power and Light is looking into it. It appears that the mainline pressure may not require a booster pump but one will be installed if needed. It costs $19,970.39 for these improvements. C. There is a dead Carpenteria on Pebble Beach and a dead Queen Palm on Doral that will need to be removed. 6. LANDSCAPE ARCHITECT'S REPORT A. Mike McGee reviewed the project and had no major concerns. B. Mr. McGee provided a written estimate for the renovations. Phase I, Pebble Beach Boulevard medians 14 - 19 cost $29,135.15; Phase II, St Andrews Boulevard and Forest Hills Boulevard medians 3 - 12 will cost approximately $68,000 with a $6000 adjustment for median 5. Additional options to convert the controller system to Collier County central control system would cost $17,200 but can be done any time. A lengthy discussion ensued. 7. ALTERNATE TRANSPORTATION MODES REPORT A. Copies of the current budget statements were provided and reviewed. Q 0 B. Bob Petersen provided copies of a legal description identifying the ditch that drains storm water from the medians. This right of way will now be maintained by the Road Maintenance Department. Legal documents for the easement is being processed. C. Mr. Petersen advised that his department has been reorganized and his area is now called Alternate Transportation Modes under the direction of Diane Flagg. They will be relocating their offices. HOUSEKEEPING ITEMS A. Mr. Slebodnik provided copies of his correspondence with Mr. Glen Price, Senior Field Supervisor, Collier County Road and Bridge Department, regarding the aforementioned ditch and drainage problems. A copy of a letter from Brad Davis, General Manager of the Hibiscus Golf Club, granting right of way to the County was also provided. B. Mr. Slebodnik met with Sharon Newman on February 3`" and provided copies of her e-mail to him regarding the allocation of Transportation staff time charged to this MSTU. The items were reviewed at length. Concerns were the charge for nine man -hours per month for clerical and the 30 per cent overhead charge. Bob Petersen said that the charges are being reviewed and he anticipates more equitable charges. The group felt that maintenance fees that used to be incurred prior to the MSTU should be credited to these fees. C. Bob Slebodnik met with Val Prince and Bob Petersen at the Baltusrol monument. He noted that George Ramsey, President of the Lely Civic Association, would pay for the new signage out of their budget. After clean -up, volunteers will landscape the area using donated plants and mulch. After some discussion, Ron Torp moved to rescind the motion made by a previous board to destroy the monuments; the motion was seconded by Bill Erickson and carried unanimously. D. It was estimated that it would cost approximately $500 to clean up the Baltusrol monument area. Bill Erickson made a motion authorizing the expenditure of up to $500 for this purpose; seconded by Ron Tarp and carried unanimously. NEW BUSINESS A. Bob Slebodnik met with Robert Crow, director of Buena Vida, who has agreed to a partnership for the improvements to that area. He also plans on meeting with John Lowdermilk, the property manager of the Lely Square. When the entrance areas on St. Andrews are improved, private property owners will hopefully improve their property at the same time our MSTU initiates its project. When the entrance areas on St. Andrews are improved, private property owners will hopefully improve their property at the same time our MSTU initiates its project. B. Mike McGee presented a concept drawing for the improvements to the U.S. 41 entrance. He estimated that with decorative lighting, the 5 foot concrete sidewalks for both sides of the road would cost approximately $36,138. If brick pavers were used and the width of the walkway was 8 feet, the cost would increase to $48,563. He estimated the lighting to be $22,500. Bob Petersen will provide the committee with information about the Pathway Advisory Committee at a future meeting C. There was a lengthy discussion regarding funding for the future projects. It was estimated that after October I8t, a $40,000 loan would be needed. As the loan will not be needed right now, Bill Erickson moved to rescind a prior motion requesting the loan and a budget amendment utilizing reserves. The motion was seconded by Bob Cole and carried unanimously. Bob Cole made a motion requesting a budget amendment to move $28,000 from Reserves to Operating funds; seconded by Bill Erickson and carried unanimously. Based on the budget amendment, Bob Cole made a motion to proceed with the improvements to Forest Hills Boulevard; seconded by Bill Erickson and carried unanimously. As there was no further business to discuss, the meeting was adjourned at 5:25 p.m. the next scheduled meeting will be held Thursday, March 20th @4:00 p.m. at the Transportation Road Maintenance conference room on South Horseshoe Drive. A+ &MOW&W Lrradads -3- f &avyr 27, 2OW COLLIER COUNTY March 10, 2003 Ms. Susan M. Harp Certified Local Government (CI.G) Coordinator Bureau of Historic Preservation R.A. Gray Building 500 South Bronough Street Tallahassee, Florida 32399 -0250 RE: Collier County Preservation Board Meeting Dear Ms. Harp: Fiala Halas Henni Coyle Coletta MAR # it 200,3 This letter is to inform you that the Collier County Iistoric and Archaeological Preservation Board will hold a public hearing at 8.30. t'Ap. Inl kk e(nesdav , Nl,iri I1 11), 2003. 1 have enclosed a copy of the agenda for your review and records. The meeting that will be held in Conference Room "E" at the Community Development Services Building in Naples, Florida. In addition, 1 have also attached the minutes from the February 19th meeting for your files. If you have any questions concerning these meetings, please do not hesitate to call me. My phone number is 941- 403 -2463 or you can e -mail me at: Raybellows(a)eolliergov.net. Sincerely, (ay Be ows, 4Chief Planner (Historic Preservation Coordinator) cc: Preservation Board Members (7) Sue Filson Joe Schmitt Margaret `Vuerstle Ron Jamro Susan Murray Patrick White hay Deselem Linda Bedtelyon r' _ Ti: loll'; AGENDA COLLIER COUNTY HISTORICAL /ARCHAEOLOGICAL PRESERVATION BOARD WILL MEET AT 8:30 AM, WEDNESDAY, MARCH 19, 2003 AT THE COLLIER COUNTY COMMUNITY DEVELOPMENT SERVICES DIVISION, CONFERENCE ROOM "E ", LOCATED AT 2800 NORTH HORSESHOE DRIVE, NAPLES FLORIDA: NOTE: ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ALL MATERIAL USED IN PRESENTATIONS BEFORE THE HAPB WILL BECOME A PERMANENT PART OF THE RECORD. THESE MATERIALS WILL BE AVAILABLE FOR PRESENTATION TO THE BOARD OF COUNTY COMMISSIONERS. 1. ADDENDA TO THE AGENDA: 2. APPROVAL OF MINUTES: February 19, 2003 3. PLANNING SERVICES DEPARTMENT REPORT: A. Division Of Historic Resources Handout 4. OLD BUSINESS: A. Historic Preservation Guide B. Ochopee Filling Station Historic Designation 5. NEW BUSINESS: A. North Naples Country Club (Pub established in 1932) B. Mandalay PUD (AR -3242) Waiver of Survey Requirement 6. DISCUSSION OF ADDENDA 7. ADJOURN n k il ", Ili ' l.'ll -11 %1, l'.wok' "'d 1_,n,h Rll rh COLLIER COUNTY Mmutes frorn the Meeting of February 19, 2003 ATTENDANCE: Present: Alexander Dusek, Chairman Staff: Ray Bellows, Chief Planner Thomas Franchino Sharon Phillips, Secretary Bill Tyson Joanne Quinn Jack Thompson Absent: Diane Gonzalez, Vice - Chairman Other: David Driapsa William Dempsey Joan Griffin The meeting was officially called to order at 8:30 am. ADDENDA TO AGENDA: A. Meeting Time Change B. Bulletin Board C. Archaeology Month D. Craighead Lab APPROVAL OF MINUTES: The Board voted 5 to 0 to approve the minutes from the November 20, 2002 meeting. PLANNING SERVICES DEPARTMENT REPORT: Ray Bellows informed the Preservation Board members that they had to make a formal motion to re- appoint Jack Thompson to the Board. The Board voted 5 to 0 to recommend that the BCC reappoint Jack Thompson. Copies of the updated Code of Ethics for Advisory Board members was also handed out for the members to place in their files. In addition, a copy of a magazine from the Division of Historical Resources was distributed for the members to review. OLD BUSINESS: A. Historic Preservation Guide: This item was continued to the next meeting. B. Ochopee Filling Station Historic Designation: Joan Griffin presented her application for the designation of her property in Ochopee as historic. She explained that US Parks Service would not preserve the Ochopee Filling Station because it is not over 100 years old. However, it is approximately 50 years old and could qualify as historic in Collier County. It was mentioned that many of the structures in Ochopee have been destroyed or are now in a dilapidated condition. The remodeling of the structure has been stopped when it was discovered that it could qualify as locally historic. Ms. Griffin would now like to preserve /restore the station to the condition that it was when built in the 1611 1950's. Ray Bellows explained the LDC requirements for designation and he also explained the requirement for a Certificate of Appropriateness to be issued by the Preservation Board for any proposed change to a designated historic structure. Ms. Griffin indicated that they would like to turn it into a museum containing artifacts from the community and from the 1950's. It is also possible that the property could qualify for State preservation grants. The Preservation Board voted 5 to 0 to begin the process to designate the site and structures as historic. Ms. Griffin will complete the application for a final vote during the next meeting. C. Oil Well Park: This item was continued to the next meeting. NEW BUSINESS: A. North Naples Country Club Historic Designation: The petitioner did not attend the meeting. This was tabled until the applicant asks to be placed on the next agenda. B. Mandalay PUD Waiver Request: The Preservation Board voted to continue this item. DISCUSSION OF ADDENDA: A. Preservation Board Meeting Time: The Board voted 5 to 0 to keep the meeting time at 8:30 on the third Wednesday of the Month. B. Bulletin Board: Sharon Phillips indicated that she would be creating a bulletin board that describes the activities of the Archaeological Preservation Board. Jack Thompson volunteered to send Sharon some items for display purposes. C. Archaeology Month: Jack Thompson handed out copies of a poster for Archaeology Month. He also indicated that an Archaeological fair would be held on March 22nd at the Collier County Museum from 10:30 to 5:00. Alex Dusek also mentioned that he was checking on a program on collecting oral histories. D. Craighead Lab: David Driapsa mentioned that new information reveals that the lab was never located in Corkscrew Swamp but was located in a community in Estero. It appears that Craighead lived in several places during his time in South Florida. It was mentioned that he still has relatives that live in the area. As a result of the new information, the Board voted to table this item. NEXT MEETING: 8:30 P.M - Wednesday, March 19, 2003 at the Development Services Building in Conference Room "E He,tonc F'reserv.�f�an �Ainu��3iR' ✓iS�l: 2 Fiala ..._. Halas. .,.�. BE RECEIVED coy►1Q, -... Coletta MAR 1 2 2003 Memorandum,, County Commissioners To: Sue Filson Executive Assistant, BCC From: Ron Hovell, P.E. Public Utilities Engineering De artment, Coastal Projects Manager Date: March 10, 2003 Subiect: Coastal Advisory Committee Minutes The subject meeting minutes and public notices are forwarded for submission to the Board of County Commissioners for the following meetings: 12- Sep -02, 10- Oct -02, 14- Nov -02, 12- Dec -02, 9- Jan -03 The subject workshop minutes and public notices are forwarded for submission to the Board of County Commissioners for the following dates: 1- Feb -02, 22- Feb -02, 1- Mar -02 If you have any questions, please don't hesitate to call me at 530 -5342. 0 Attachments Public Utilities Engineering Department (i G's is Co�'os To: Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News ----------------------------------------- ----+— --------------- - - - - -- PUBLIC UTILITIES ENGINEERING 3301 TAMIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 24107 58518035 NOTICE OF PUBLIC MEE State of Florida County of Collier Before the undersigned authority, personally appeared Phil Lewis, who on oath says that he serves as the Editor and Vice President of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 0909 AD SPACE: 94.000 INCH FILED ON: 09/09/02 Signature of Affiant �JA� Sworn to and Subscribed before me this % day of - 20 �'a Personally known by me G� :"'?W"'Y *; � fi � Eva 4MMISS ON CC8 0370 EXPIRES July ✓3 20 03 �' OP`'• P ," ,• ° aonroeo N THu TROY FAIN it WANCE WC k September 12, 2002 TRANSCRIPT OF THE MEETING OF 1,611 THE COASTAL ADVISORY COMMITTEE County Commission Boardroom, Building "F ", 3rd Floor 3301 Tamiami Trail Naples, FL 34104 September 12, 2002 LET IT BE REMEMBERED, that the Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:30pm, in Building "F" of the Government Complex, East Naples, Florida, with the following members preset: Chairman: Gary Galleberg Robert Stakich David Roellig John S. Strapponi Ron Pennington James Snediker William Kroeschell Collier County: Ron Hovell, Roy Andersen, Allen Madsen, Jon Staiger, Ken Humiston MINUTES - Chairman Gary Galleberg called the meeting to order at 1:30pm. I. ATTENDANCE: Members: Gary Galleberg, Robert Stakich, David Roellig, John S. Strapponi, Ron Pennington, James Snediker, William Kroeschell Collier County: Ron Hovell, Roy Andersen, Allen Madsen, Jon Staiger, Ken Humiston II. ADDITIONS TO AGENDA Page 1 September 12, 2002 -Mr. Pierce will participate by phone. - Presentation by FL Department of Environmental Protection on Beach Erosion Control: added to agenda after Item 4A. -Mr. Hovell also requested a chance to brief the committee on some notes. -Mr. Pennington made a motion to add these items to the agenda, Mr. Strapponi seconded the motion, all were in favor, the motion passed unanimously. III. OLD BUSINESS A) -Mr. Hovell reviewed his notes: 1) He informed the committee that Jim Deloney is the new Public Administrator; he replaced Jim Mudd. 2) He explained that there is a newspaper clipping available that describes some volunteers who are doing plantings on Coconut Island. 3) As background information, he provided the committee with some newspaper articles and website links that reviewed the "organic umbrella" 3A) APPROVAL OF MINUTES FOR May 9, 2002 -Mr. Pennington stated that in the bottom paragraph, second sentence, it should read 45,000 cubic yards, rather than 45 cubic yards. -Mr. Pennington made a motion to approve the minutes of May 9, 2002 with the change to 45,000 cubic yards, it was seconded by Mr. Stakich, all were in favor, the motion passed unanimously. 3B) PROJECT UPDATES -Mr. Hovell informed the committee on the project updates. i.) 10270 Lake Trafford Restoration — due to the high costs of the proposals received they have gone back to the drawing board. ii.) 10295 Vanderbilt Beach Parking Garage — there was no change in the status, it is still in dispute. iii.& iv) 10500 Caxambas Pass Dredging & 10501 Marco Island Breakwater Modifications — information from Taylor Engineering was provided to the committee over the summer, Mr. Hovell stated he would like this to go on the next agenda and for the committee to form a vote on the staff's recommendations. Page 2 September 1 , 2 2 6 v.) 10502 Hideaway Beach Renourishment & Hideaway Beach Access Improvements. Both are in design, work orders were given to Humiston and Moore Engineers. Mr. Humiston handed out some designs for the committee. vi.) 10507 Incremental Beach Maintenance Activities ( +FEMA) — they have been working out project approval for reimbursement. Have received a draft for approval that will go to FEMA. He feels they will be successful in reimbursement. To date they have been tentatively denied for everything except Park Shore Beach. State & FEMA components go hand in hand. Mr. Humiston reviewed the preliminary plan handed out: submitted to Mr. Hovell today, not to agencies yet. Mr. Kroeschell asked at the next meeting that the committee be provided with the distances from the access way to the access point from the parking area. Mr. Humiston stated he would bring this information. vii.) 10510 Beach Cleaning Operations (new equipment) — they have rented a "gator" over the summer, rather than the mechanical rake. It has worked well. They have bought a "gator" and continued the summer trial period. Marco Island is continuing operations the way they are. They have fabricated a drag for smoothing. —Mr. Pierce asked about staffing numbers and overall costs? Mr. Hovell stated that staffing has remained the same. They have written to the FL Department of Environmental Protection to change the rock removal plan to show changes; the informal reaction has been positive. Beach Rakes are being kept as standby (at least 2). No change in costs, except in buying one new piece of equipment. —Mr. Pennington referred to the memo from the City of Naples and stated he saw a beach rake in operation at Park Shore Beach, this brought him distress, and asked the county to take action to ensure this will not occur again, he also recommended that one of the machines go to the City of Naples, one to Marco Island, and one to the unincorporated areas which will help alleviate this problem. Mr. Hovell stated it will be discussed by the departments and it is on the staff agenda to discuss who is in charge of "what" on the beaches and who is making the decisions. Mr. Galleberg requested that staff discuss these recommendations, put it on the next agenda, and the committee can then vote on the matter. Mr. Snediker stated it was important to keep in mind that machines Page 3 0 September 12, T2 611 break down (one is currently in Germany for repairs) and that he doesn't want us to get stuck without a machine if needed. Mr. Roellig stated he wants to make sure they are consistent with the City of Naples. Mr. Hovell added that the staff will discuss these issues and bring the recommendations back to the committee at the next meeting for discussion and a formal recommendation. ix.) 10255 Gordon Pass Emergency Dredging — Mr. Staiger informed the committee that the core of engineers will start November 2002. They are waiting on a document from the City of Naples stating who is in ownership of the property. The funds were cancelled since it was unnecessary, they are being applied to the sand - tightening project. x.) 10259 Parker Sand Web System — Mr. Staiger explained that they have completed the first post monitoring report. Project criteria have been met. Mr. Hovell added that Humiston and Moore will provide more information on the monitoring later in the meeting. Mr. Staiger explained how the criteria met was determined successful and that it took one week to remove the nets. -Mr. Humiston gave a scope of the monitoring and gave a summary of results. They did two computations: value change out to 1,OOOft offshore and the mean - high water line, he explained to the committee that they received new information today about the computations in regards to the mean -high water line which will affect the survey, He therefore presented the results as preliminary to help the committee gain an overall understanding. They saw overall that there was accumulation of sand in the net area and offshore losses of sand. Since the nets have been removed, this process has begun to reverse itself. One of the test areas showed that out to the mean -low water line, within the net area, there was an accumulation of — 11,000cubic yards; a total accumulation in the area, including the control area was 14,000 cubic yards. Based on the DNR test plan, this would not have met the standard. For comparison, the control areas in the North and South experienced some erosion during this time. He added that this was important to note since they were expecting to see some accumulation in recovery after Gabriel and they did not find this in the control areas. He feels this is an indication that the accumulation in the net areas is due to the nets. He explained Page 4 September 12, f06 I i when they expanded the computation area to 1,OOOft offshore the numbers differed. There was then erosion throughout the study area. He showed an exhibit of the 3month period after the nets were removed and stated the most significant thing is that 1/3 of the 11,000 cubic yard accumulation was lost. It appears this material is being eroded from the beach and being deposited in the offshore areas. The next two exhibits were almost the same, except they converted the biometrics quantities to cubic yards /ft. of beach. You could still see a significant difference of accumulation in the test areas from the control areas. He then showed an exhibit that provided a `Birdseye view" of were accumulation and accretion occurred. He pointed out that there was a pattern of sand transport from N -S, which may be an explanation of why the accumulation of sand in the Northern ends. (N -S in winter, S -N in summer, winter prevails because the magnitude of accretion is higher), this is important to consider in the study of data. -Mr. Pennington asked if (in reference to Dave's Report) it was safe to assume that some of the sand would have accreted naturally due to storm recovery. Mr. Humiston stated they agreed, but looking at the control areas, they did not show the same magnitude of recovery. Mr. Pennington asked if the control areas prior to the test were studied in the same manner as the test areas prior to the test. Mr. Humiston assured him that they were studied in the same manner. Mr. Galleberg asked if Humiston & Moore, the City of Naples, and Sub - Oceanic & Parker, were all in agreement on the raw data collected. Mr. Humiston stated they were in agreement and they were also in agreement on how the data was collected. Mr. Galleberg then asked if they were drawing cause and effect from the data that stated there was accretion in reference to the mean -low water line and erosion in reference to 1,OOOft from the beach. Mr. Humiston stated it is probably cause and effect, and it seems likely that the accretion in the net areas probably attributed some to the deficit in the other areas. xi.) 10278 Gordon Pass Jetty Sand Tightening — Mr. Staiger explained that it was close to completion, sheet pile has been installed for —lmonth, the bedding stone has been installed, and they are awaiting the armor stone. The armor stone is coming from Guatemala. The reason they bought the rock in Guatemala was due Page 5 September 12, 2002 ' i n m etle`'' 1 to the contractor's discretion that the rock was of a good quality and co p prices. —Mr. Roellig asked if it was being blasted out or cut out. Mr. Staiger informed him that he believes it is blasting. Mr. Humiston stated that it is being blasted out of a quarry, that the quality was stronger than in Georgia, and the contractor went this route due to considerable cost savings. He added that it would be inspected before it is put in place. A FIVE MINUTE RECESS WAS TAKEN xii.) 10290 Lowdermilk Park Renovation/Expansion — Mr. Staiger stated the City has elected a contractor, they are awaiting a Coastal Construction Permit, and then they will start construction. Hopefully it will be built by the end of the year. 3C) GROWTH MANAGEMENT PLAN REQUIREMENTS -Mr. Hovell included information regarding beach re- nourishment requirements in their summary. The Federal government focuses on defining public use and sets up policy on the percentage of funding participation for various categories of beaches. One regulation is, with privately owned /privately used, they share 0 %. With privately owned /publicly used they share 65 %. With publicly owned/publicly used, recreation types, they share 50 %. With publicly owned /publicly used of other categories they share 65 %. The FL Beach Erosion Control program, in general, will cost share a maximum of 50% of the project costs, based on public accessibility as they define as primary and secondary. In the Collier County GMP in the Coastal Management section it is not as specific. The current wording is "if public access is not sufficient, the county shall require additional access points as part of the re- nourishment project." Marco Island is using similar wording, updated recently. The City of Naples does not focus on public accessibility as much. Mr. Galleberg noted that this is because they already have it. Mr. Hovell continued that procedurally a grant application is being submitted for the city and the appropriate first step is the CAC and the second is the City, then tourist development, then BCC. The main point is there are a number of ways to fund beach re- nourishment. He wanted this to be background information for the CAC in future decisions. He stated some of the points of concern will be public accessibility and the county GMP applied to city limits. They may need to establish policies to meet the way these things are written or possibly changing the way they are written. —Mr. Galleberg stated they would like Page 6 September 12,006 1 staff to make a proposal for the CAC to discuss and work with. Mr. Snediker wants them to look at any specific agreements that may have been made with the BCC. Mr. Pennington added that they need to address the fact that tourism taxes are being used in beach re- nourishment projects. Mr. Roellig agreed and added that this is a different criteria than using general funds and that it may be appropriate to come up with two sets of criteria based on either TDC or general fund use. He believes they should also have the option of looking at the projects individually. Mr. Hovell showed some photos, submitted by a concerned citizen. On Park Shore beach, there is significant washout next to private drainage. He added that some of the criteria in the policies should make sure that adjacent property owners are good stewards. Mr. Staiger stated that in making policies they made add three — four options that help deal with stormwater from private drainage systems. Mr. Strapponi asked if permits were required to put the drainage systems there. Mr. Staiger stated no, they would be currently though. Mr. Strapponi stated he has seen a trench created from the draining of a pool and what can be done to remedy this. Mr. Staiger stated that this is to be dumped into the drainage system and not across the beaches and that code enforcement can get involved in these situations. Mr. Pennington suggested that they have expeditious corrections to the problems since they just "trucked" sand into Park Shore. Mr. Hovell stated they have had meetings to come up with a specific proposal, they may not have it for the next meeting, but they are currently working on it. 3D) TEN YEAR PLAN UPDATE -Mr. Hovell explained he included the current version of the 10 -yr plan in the agenda packet. He noted that the CAC was previously informed of the interest being diverted from any fund it could be diverted from to the general fund and road projects, so it is zeroed out in this version. In general this plan works with a fair amount of revenue accumulated in the long term, but in the short term it also assumes they receive — $3million in reimbursement from FEMA/state and it assumes no further cost for Hideaway Beach and $6million for the next re- nourishment, when in fact it is closer to --- $9- 10million, which will cause a re- evaluation of the 10yr. Plan. -Mr. Pennington asked what the basis was for all the changes of operational reserves in the three versions of the 10 -yr. Plan. Mr. Hovell stated that the general intent was to comply with how they Page 7 September 12 ft discussed reserves would be shown, displayed as operational reserves & catastrophe reserves. —Mr. Pennington asked why the changes were made to the totals in the catastrophe reserves and if the CAC plays a part in these changes. Mr. Hovell stated that they do play a part and in the next few months they will be discussing this in detail. Mr. Galleberg stated he would like staff to change presentations on this or bring a clearer perspective so the CAC can easily determine what is available where. Mr. Hovell stated he is trying to reflect changes made that will affect the 10yr.Plan. IV. NEW BUSINESS 4A) COMMITTEE ELECTIONS -Mr. Pennington nominated Mr. Galleberg for another year as chairman, Mr. Strapponi seconded the nomination, all were in favor. -Mr. Kroeschell nominated Mr. Roellig for another year as vice chairman, it was seconded by Mr. Stakich, all were in favor. Chairman: Mr. Galleberg, Vice Chairman: Mr. Roellig 4B) PARKER BEACH RESTORATION PRESENTATION OF A NEW SYSTEM -Phil Flood, Project Management Bureau of Beaches and Wetland Resources, explained that his office has a few groups: regulatory office, data acquisition and analyze, field survey teams, and beach management. He explained his group is beach management and they implement the strategic Beach Management Plan and Florida Beach Erosion Control Program. He stated the state's beach management plan is a broad conceptual plan, which was developed regionally in an attempt to manage the shoreline in a systematic way. The plan identifies strategies to address critically eroded beaches and the focus is legislatively mandated to focus on beach restoration activities. A component is the long range budget plan. It is a 10yr. Program which identifies specific restoration projects and their estimated costs. They implement this through the grant program, the Florida Beach Erosion Control Program which has been around since 1965. It offers primarily financial, but also technical assistance, to local governments and other state and federal agencies on all activities managing the state's coastal beaches. 4 -5yrs ago the Florida legislature set up a dedicated funded sources, which gives them $30million annually and they share with local governments up to 50% of the non federal coastal projects. His Page 8 September 112 staff reviews requests, rank the projects in order of lyr. Feasibility, and puts them into two lists: priority (first $30million in projects) and alternate (everything else below $30million). The purpose of the alternate list, is a specific project may be determined for extra funds. The criteria are that the project must be located in a area determined as critically eroded, it must be consistent with the strategic beach management plan, and it must front the Gulf or the Atlantic. Cost sharing is based on public access and parking. It is also required that public access be open to the public on a equal basis. Collier County has received funding in the past and recently. This year Collier County and Marco Island are on the Alternate list. If a priority project for some reason does not go through that year, they go to the alternate list. This is how Collier County received funds last year and he believes they have a shot at the same this year. He noted that there are funds available for new and innovative technologies to restore beaches. Last year they had $3million dollars mandated for specific types of projects. Half of the funds still need to be obligated, they are available till the end of the month, on a first come first serve basis. This year they added $lmillion for new and innovative techniques. Funding on these two categories is different, they are tied to public access and parking, but the state will pay up to 50% costs of design and permitting. The test plans will be paid 100% by the state, it cannot exceed 75% of the design and permitting costs. This year there was additional language added that allowed local governments who received appropriation to use the funding for alternative methods that meet the same objectives as long as it is a new and untried approach. —Mr. Roellig asked how they define innovative. Mr. Flood stated there is a definition in the statue as far as permitting go, they are looking for something different, that has not been done before. Mr. Roellig asked if there is in erosion protection a distinction between storm damage reduction, recreational beaches, environmental areas, etc... Mr. Flood stated their focus is largely storm protection, but tourism does come into play, they also consider public benefit. Mr. Pennington asked what type of innovative projects they have done. Mr. Flood stated it was very little because they need a local sponsor. Thus far they have funded pre- fabricated erosion reefs. Mr. Pennington stated that this could also be due to the fact there are few new techniques to be tried. Mr. Strapponi asked if all other requirements have been met, if it Page 9 September 12, 2002 is a first come first serve basis. Mr. Flood informed him that this was true just for tl 1 1 two funds already appropriated, not for regular funding. Mr. Colin Kelly, with Parker Beach restoration, stated that they would like to try a new system and apply for these available monies. He stated that this has not closed down the beach or inconvenienced the beachgoers. The positive effect is they have a nice beach. They feel they have new technology that will give them portable permeable growing field that can be utilized and non - obstructive to the public. The system is environmentally friendly according to Dr. Steve Bortone, of the Sanibel - Captiva Marine Laboratory. He explained that the packets provided contain letters from the Mr. Bortone providing an endorsement of the environmentally friendly aspect. Mr. Bob Crawford, the city's 3rd party monitor, says that it met and exceeding the established criteria. They are elated because the numbers appear to show accumulation. He then reviewed the statistics that he had, and referenced that Mr. Humiston's were not complete yet. The latest report shows loss in the furthest control areas and gain in the adjacent control areas. He added that since the nets were down there was no loss. —Mr. Pennington asked how long the nets were in place. Mr. Kelly informed him --- 5months. Mr. Kelly then stated his numbers do not agree with Mr. Humiston's, so he brought Mr. Tackney along, from Tackney & Associates, to explain the difference. Mr. Kelly showed a visual of the new system, which will be below the water line, suspended with floats. He hopes Collier County will look at this favorably and apply for some of the funding that is available for this type of innovative project. —Mr. Galleberg asked why Collier County. Mr. Kelly replied that Collier County has the ability to match the funds and the other interested counties, don't have the funding. He feels this would be a good place to catch the sand that was just trucked in, he explained they don't bring in new sand, they retain current sand longer, and because of all the sand brought in, it was a good place to test. He added that Collier County is more progressive than other counties, and they are attempting to make a system to benefit all beaches. Mr. Tackney, registered professional engineer of coastal engineering, asked the board if they understand the system and how it works. He explained in the shore zone the cobble and stone are trapped in the nets, and the sand builds up from there and spreads out. He stated it does so uniformly. He explained that the survey data and he comments that the Page 10 September 12, 100 data can be concluded in four different ways due to bias or points of view. He reviewed the numbers included in the packets. He stated that the applicant had two control areas rather than one. The North Control area actually had a loss of — 950sq. ft. of upland beach (upland to the mien -high water line). The South Control gained —90ft, which is a negligible change. In the test area and their adjacent sites, there was an accretion of an additional 100,000sq. ft. of upland beach. That is the most significant statistic. He added that it is apparent that the sand webs bring shore, from mid -shore area onto shore itself. This is similar to the summer months. They do not feel that this is due to recovery from Gabriel, they come to this conclusion by comparing to the control areas. He explained Naples beach is unique because it has a two bar system, seasonal bar and offshore there is a relatively permanent bar. They expected this to have some effect on the data, so they divided the beach into two zones and did a sand balance. The four shores area built up sand, the mid -shore area eroded, on completion they found at the south end of the South Control area, there was a large accretion of sand. They found that the permanent bar had grown into the test area. He is now in the process of evaluating the math balance for this other zone. They did not go beyond this, because once you get offshore of the second bar, the bottom is flat and wide. They compared each successive survey in the offshore area and found was significant volume change and if February showed advance in the North area over January, then it happened in the South area, it also happened to the same degree onshore as it did offshore. They found a calibration error of — 2inches, would completely negate any information you could gain from the deep water area, and that in fact the calibration area appeared to be there and appeared to affect these areas. His point was that if you want to look at the area affected by the net, then you are fairly safe in restricting yourself to that second bar, and anything beyond that is really just background and doesn't affect the deep bar. —Mr. Pennington asked if they anticipate with removal of the nets, if that bar would go back to it's original position. Mr. Tackney stated that it stayed "pretty much" in its stable position and that change is more random. He does not feel it was impacted by the nets North of it, due to the data. They also looked at how the accretion occur, originally there was more at the North end, but after a couple of months it bulged at the South, the North diminished, and then they settled out. He interpreted that even though the highest activity waves in winter, come out of the Southwest, so the Page 11 September 12, 16 1 transport system did not run N -S. The point is that the two bulges never merged, which indicate that, with the winter wave cycle, the length of beach that was tested may have been too long, if it was reduced they could have gotten more. He stated that it was apparent to him that there was active sand movement occurring sea -ward of the nets. This implies that the system was too long or needed to be extended farther to catch more sand. He cannot answer how stable this is since there is only three months worth of data. He added that he knows the surveyor has calculated that there has been a gain of material. He believes to date, this is encouraging data. -Mr. Pennington asked him to comment on intermittent nets versus more permanent ones. He stated that when there is storm damage, the sand will recover itself, and this is a way to help this natural system, he added that the sand is redistributed evenly; this is the type of case where he believes this system has some merit. He doesn't not believe the intermittent sand nets are a universal answer to erosion problems, but he thinks there are a number of niches where they can be of significant value. —Mr. Roellig stated that the difference is Mr. Humiston is looking at 1000ft of profile while Mr. Tackney is looking at 25 Oft, and that it should be looked at in large segments and over a period of time the + and — will cancel out. Mr. Kelly, stated essentially what they are doing is trapping sand that would be lost to the system. He added that during February they gained a net —10 cubic yards of sand, but in the control areas lost up to 1000. They retained sand that was lost elsewhere, therefore this is a viable project, and they have funding that will apply, he encourages Collier County to take part in this. PUBLIC SPEAKERS 1) Jim Gunnerson, Naples Beach and Golf Club, stated they are concerned that the system (particularly in season) will negatively impact their tourism. He stated project one had a negative impact and he hopes the CAC will consider this in their decisions. —Mr. Hovell asked what the length of their beachfront is. Mr. Gunnerson stated they had 1000ft and it was their understanding that they would be affected by the project. -Mr. Hovell stated that there is a TDC grant application in the staff package. Mr. Kelly stated that the system would be submerged and that the spacing will be 150 -250ft between, so he does not see this as obtrusive as experiment one was. Page 12 1611 September 12, 2002 -Mr. Snediker asked who prepared the grant application. Mr. Hovell informed him that one of the consultants for Parker Beach Restoration prepared it. -Mr. Snediker asked what the county's obligation would have to be. Mr. Hovell informed him that they would have to establish a $1million project and budget for it, then be reimbursed. -Mr. Pennington stated that he had spoken to people who had negative reactions to experiment one, and that during season, this would be impossible because it would upset the public and therefore he could not support it. -Mr. Roellig stated he was uncomfortable being presented with the proposal with essentially no reports of the monitoring and no indication of the length of time if would be affective. He feels to consider changing the project and deciding its effectiveness is premature, therefore he is not in favor of the application. -Mr. Kroeschell asked the hotel if they were aware that this project had submerged nets and if they still felt it was detrimental to their guests. The hotel informed him they were aware and still felt it had negative impacts. -Mr. Galleberg stated that the decision was not on grants, but he had concerns about the rush into this. He added that he agreed with Mr. Roellig and that he believes they need to finish the first experiment and its results before moving in. He also stated that he has heard other members of the public say that it was undesirable to this during season. -Mr. Pennington added that where the first experiment was done, was a relatively low intensity area and the new proposal is for a high intensity which is quite a different effect. -Mr. Kroeschell agreed and stated he did not feel they should support it in this area, that they should come back with a proposal for another area before they even consider it. -Mr. Pennington made a motion that the CAC does Not support the grant, it was seconded by Mr. Kroeschell, all were in favor, the motion passed unanimously 6 -0. (Mr. Strapponi was not present). 4C) THE BEACH RENOURISHMENT PLAN -Mr. Hovell stated the choices to be made for the winter were laid out in the packets. He asked if they should continue to truck 80,OOOcubic yards of sand onto Vanderbilt this winter, 27,000 cubic yards onto Park Shore, and 26,000 cubic yards onto Naples or should they place sand in front of the sea -walls to get the natural slope back to the beach and only do so on Vanderbilt (the quantity would be 15,000 cubic yards) and no work by Page 13 September 12, 200 truck this winter on Park Shore and Naples. His personal opinion is that they do the latter. He added that they still have 3 -4 weeks of rock removal on Vanderbilt beach and if they attempt to do them both simultaneously than it will be a busy month on Vanderbilt beach. -Mr. Kroeschell asked about detail of rock removal. Mr. Hovell stated that they are done on Vanderbilt beach, and as far as intensive equipment, they are done on the Naples beach. -Mr. Roellig asked if on Vanderbilt they could finish the rock removal in November and do the sand re- nourishment in December. Mr. Hovell stated that they would propose doing it simultaneously. They could combine the work on Pelican Bay into this project. -Mr. Pennington asked what degree of degradation they have had on Vanderbilt beach versus the Park Shore and Naples areas. Mr. Hovell used visuals and 2002 survey to show the degradation. Mr. Hovell stated the design would be to do similar replacement as that done on Park Shore, if they attempted to re -grade the beach they would narrow it. -Mr. Roellig made a motion to do the full nourishment (80,000cubic yards — Vanderbilt, 27,000 cubic yards — Park Shore, & 26,000 cubic yards to Naples), it was seconded by Mr. Kroeschell. -His reason was because you can always "back- scale ". -Mr. Hovell offered expanded reasons as to why his opinion differs. In Naples they added the full quantity Dr's Pass down to Central Avenue, they stopped there due to the sand web experiment. If they do the full amount they will be placing sand in a place that is currently being monitored. For Park Shore there are no other outside influences, so 27,000 cubic yards is reasonable, but they have done it twice in the two year, and a third time may upset the residents. In regards to Vanderbilt, 80,000 cubic yards is a big quantity, and even without rock removal, it would take 3months of heavy truck movement, when they could protect the sea -walls and the dunes for a lessor quantity and push hard during the major re- nourishment in two years. -Mr. Galleberg asked if Park Shore would simply be adding sand or if it would be offering a benefit in the following years. Mr. Hovell stated he feels it is important to have the natural slope on the beach, the increase of sand has benefits but he does not feel it is needed. Mr. Pennington stated the beach is in good shape currently. Page 14 as 611September 12 2 -Mr. Snediker stated that they should do minimum repairs now, save $1.5million dollars, and wait for the major re- nourishment. -Mr. Hovell stated that they can move the re- nourishment up and proposes that it is done in the winter of 2005. -Mr. Roellig stated that they should not ignore the public and the difficulties that it would entail, but this should be handled at the BCC level, and he doesn't want to unduly factor this into their considerations. He stated he was prepared to modify his motion to delete the sand web portion. Mr. Kroeschell stated he would withdraw his second based on this. -Mr. Galleberg stated he was in favor of discussing moving up the re- nourishment, but he could not at this point say to what year. -Mr. Pennington made a motion to follow staff recommendation (do Vanderbilt at 15,000 cubic yards to take care of immediate concerns), it was seconded by Mr. Kroeschell. -Mr. Kroeschell had concerns of how they will be reimbursed for it if they do not use it. Mr. Hovell stated that they would not lose out on the re- nourishment money, that when they did the re- nourishment FEMA would then reimburse the money. He added it would be much easier for reimbursement to do it in the re- nourishment program and spend closer to what the money actually spent is supposed to be. -Mr. Galleber asked for the vote: Five were in favor, One was against (Mr. Roellig). 4D) CITY OF MARCO ISLAND REQUEST FOR BEACH TILLING /GRADING -Mr. Hovell stated he included their letter in the packet. He explained Marco Island has a rise above the water line and then it dips down the beach, therefore there are swails and wet areas. This attracts birds and polluted water concerns, as well as it is unattractive. The City requested they look at the problem and see what can be done. They spoke to FL department of wildlife protection, to see if they could get a permit to do something during turtle season or if it would be better to seek a permit in November for major work; grating. He believes they would be best to do a major laser grading job and restore the beach with a shallow slope. Marco Island accrues a lot of sound, they are guessing that the problems are coming from the sand building up in the front of the beach and not the back. They are proposing that they seek the permits and come back with the budget at a later point to grade halfway between 135 & 136 to 148. —It was asked if this was an Page 15 September 12,1 1 -L engineering recommendation. Mr. Hovell stated that Tailor engineering will come back with a detailed recommendation next week, but this is their "generic" recommendation to date. Mr. Hovell just wanted to make them aware of the situation and that they are attempting to remedy it. —Mr. Snediker added that it was distasteful to tourists or residents. It starts at the S. end of TigerTail and runs down to the S. end of the beach. 4E) PIPING PLOVER DRAFT RECOVERY PLAN -Mr. Hovell stated that this was recently put out by the U.S. Fish and Wildlife Service, for comment. He explained that this is not something of a direct impact or interest to the CAC, but when you look at actions needed, there is little specification as to what they mean by management and protection. They also don't locate specifically where the critical habitats. Mr. Hovell pulled it in, saying the longer they allow the muddy areas in TigerTail, the more likely the lagoon -type areas will extend down the beach and therefore the more likely it will be listed as critical habitat. This is one of the reasons people are concerned about taking care of the situation. Mr. Snediker stated his interpretation was that they did not detail the areas with the intention of newly developed areas being included. Mr. Hovell had a copy of the report for the CAC to review and he stated this was again informational. V. AUDIENCE PARTICIPATION -there was no public participation. VI. SCHEDULE NEXT MEETING - October 10, 2002 at 1:30PM in the same room. VII. ADJOURNMENT - adjournment was at 4:45pm. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:45 P.M. COASTAL ADVISORY COUNCIL GARY GALLEBERG, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF MANPOWER SERVICES, INC. Page 16 Naples Daily News Naples, FL 34102' Affidavit of Publication _ - = Naples _Dai Ly News: YC UTILITIES ENGINEERING )l TAMIAMI TRL E BLDG H �PLES FL 34112 REFERENCE: 059405 310828 58532993 NOTICE OFPUBLIC MEET State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Coilier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 10/07 AD SPACE: 102.000 INCH FILED ON: 10/07/02 Signature of Affiant /--- - - ✓ Sworn to and Subscribed b e me Ay of l known b me Personal y y O <unna IL'Snzy — 20(-) r'v 1 s October 10, 2002 TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE Naples, Florida October 10, 2002 LET IT BE REMEMBERED, that the Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:30pm in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Gary Galleberg David Roellig James Snediker Ron Pennington William Kroeschell Ashley Lupo Anthony Pires Robert Stakich Also Present: Ron Hovell, Jon Staiger, Jim Deloney, Maura Krauss, Ron Holder, Brett Moore, Tom Campbell, Jeff Andrews, Steve Keene. Page 1 October 10, 202 6 THE COASTAL ADVISORY COMMITTEE County Commission Boardroom Building "F ", 3 d Floor 3301 Tamiami Trail Naples, Florida 34104 MINUTES October 10, 2002 Chairman Gary Galleberg called the meeting to order at 1:30pm. I. ATTENDANCE: Members: Gary Galleberg, David Roellig, James Snediker, Ron Pennington, William Kroeschell, Ashley Lupo, Anthony Pires (left at 3:45pm), Robert Stakich (arrived late). -Mr. Strapponi was absent. Collier County: Ron Hovell, Jon Staiger, Jim Deloney, Maura Krauss, Ron Holder, Brett Moore, Tom Campbell, Jeff Andrews, Steve Keene. II. ADDITIONS TO AGENDA -There were no additions to the agenda. III. OLD BUSINESS A) APPROVAL OF MINUTES FOR SEPTEMBER 12, 2002 -Mr. Roellig made a motion to continue the approval of minutes until the next meeting so that a proofreading could be completed. It was seconded by Mr. Pennington. All were in favor; the motion passed unanimously, 7 -0. B) APPROVAL OF WORKSHOP MINUTES FOR FEBRUARY 1, 2002, FEBRUARY 22, 2002 AND MARCH 1, 2002. -Mr. Galleberg asked Mr. Hovell is something had been deleted on the fifth page, noting that nothing followed the asterisk, (in the form of a footnote). Mr. Hovell stated he would "clean this up ", but nothing had been lost. -Mr. Roellig made a motion to approve the minutes. It was seconded by Mr. Kroeschell. All were in favor; the motion passed unanimously, 7 -0. Page 2 October 1 0 0 , C) MARCO ISLAND GRADING / SAND PLACEMENT -Mr. Hovel] stated that he had previously sent a copy of a letter received from the Marco Island Beach Advisory Committee and/or the City. The issue was the appearance of certain areas of the beach. Mr. Hovell used photos to depict the areas of concern. Mr. Hovell added that in the annual monitoring surveys they are taking the upland survey information and making a packet for the Department of Environmental Protection. They will then apply for a permit to re -grade the beach and re -shape the sand that has accumulated in these areas. He stated that it appears the local office can issue a field permit, which is a "basic thing ", with a couple of requirements. The requirements are that they can not go to any part of the beach below the mean high water line and they cannot take away more than one foot of sand in any given location. They do not see either requirement as a problem. They are hoping to have the permit within a few weeks and they hope to begin working as soon as "turtle season" is over in early November. Mr. Hovell then reminded the committee that they had established a project to do annual beach and dune maintenance with no specific project in mind. He then asked the committee if they agreed that the Marco Island Grading / Sand Placement project would fit into this category. -Mr. Pires stated he did not have a problem with this concept. He then asked if raking could occur in this area before the permit is attained. Mr. Hovell stated that it could and they were currently raking. He explained that they may only rake 1 -2 inches deep, which does not get rid of the grass or the standing water. -Mr. Pennington asked if some of the water was due to the accumulation of rain. Mr. Hovell informed him that it is either rainwater or over -wash water. Mr. Hovell stated since the major re- nourishment project in 1992, sand has begun to accrete in particular areas and the water has been getting trapped behind it. He used photos to illustrate the problem. -Mr. Roellig asked what type of cost they were talking about. Mr. Hovell stated that the initial estimate for the end of Tigertail Lagoon to the residents beach area was $30,000 - $50,000. -Mr. Roellig made a motion that they proceed because this is a natural phenomena. It was seconded by Mr. Pennington. -Mr. Kroeschell stated that he was in favor of the project, but he does not believe that this is anything new and he believes they will begin to see this on a regular basis. Page 3 October 10, 20021 -Mr. Galleberg asked. which fund this would fit into. Mr. Hovell stated that it was fund 10509; the dune and beach maintenance project. He added that the budget for fund 10509 was $195,000. -The motion was recalled. All were in favor; the motion passed unanimously, 8 -0. (Mr. Stakich joined the committee about five minutes prior to the motion). D) GROWTH MANAGEMENT PLAN REQUIREMENTS -Mr. Hovell stated the departments involved in the major beach re- nourishment and public access are Community Development (from a LDC point of view), the Parks and Recreation Department (from a beach access point of view), and Public Utilities Engineering (from a re- nourishment point of view). He used an aerial to show the Vanderbilt beach area that they typically re- nourish. He explained that the Parks and Recreation Department has been updating their public access review, they have a draft of this, and the conceptual thought is to identify properties on Vanderbilt beach that may be for sale and to purchase them as part of the next major re- nourishment project to allow for an increase in public access. He then stated that the public access update will attempt to address everything in the county, but there is still the political issue of the two cities and how they feel this works in with their growth management plans. -Mr. Kroeschell asked if they purchased the property across the street would it have public access to the beach. Mr. Hovell informed him that there are a number of walkway accesses with no current parking. -Mr. Pennington stated that in a long term city perspective they greatly encourage anything that would add to beach accessibility in the county, since they believe that in the city they bear an undo burden of providing beach for many of the county residents. He added that because of this he believed they would probably be in support of this. 4 -B) MARCO ISLAND BREAKWATER MODIFICATIONS AND CAXAMBAS PASS DREDGING -Mr. Hovell stated that he had previously sent the committee Taylor Engineering's report relating to Marco Island in general. He used an aerial photograph to show the area reported on. He stated that the bottom line of the report posed a question to the county. The question was if the county wanted a relatively narrow beach, (as is the current beach), or a wider more recreational beach. The report then listed what would need to be done for a wider beach and for the current narrow beach. In order to maintain the beach Page 4 October 10, 1611 that is there now, (narrow), Taylor Engineering recommended maintenance dredging of Caxambas Pass on a 5 -7 year cycle. If the county chose to go for a wider beach, then Taylor Engineering recommended that they make modifications to the breakwaters and less frequency to the dredging Caxambas Pass. It is staff's recommendation to go with the first option; cancel the current Marco Island Breakwaters Modification Project. This recommendation is supported by the Marco Island Beach Advisory Committee. -Mr. Roellig asked if they meant taking it completely out of the program. Mr. Hovell informed him that this is what they meant and the remaining $700,000 would be placed back into the reserves. He added that they could always revisit this in the future, but it would then be considered a new project. -Mr. Snediker stated that Marco Island Beach Advisory Committee did support this recommendation, but it was based upon the fact that Caxambas Pass would be dredged and sand would be placed in that area by the end of next year. Mr. Hovell stated that the report Mr. Snediker had received was a work order done by Taylor Engineering and it was a mix of all the projects including Caxambas Pass. Taylor Engineering will use the monitoring data to provide the next recommendations, they are aware that the goal is to dredge Caxambas Pass. When the dredging will occur is based on how difficult it will be to attain the permits. -Mr. Pennington noted that it appeared there were two agendas being used and that this should actually be item 4 -B. It was found that there were two agendas. Mr. Galleberg stated that they would finish this item and then they will return to item 3 -E and 3 -F. -Mr. Kroeschell asked what risk they faced if they did not re- nourish this beach. Mr. Hovell stated that it gets a fair amount of protection from the breakwaters and the seawall. He believed that even if it got washed away, they would find that it would recover in that area. Mr. Staiger added that historically without putting the sand back up on the beach north of this area, it does get narrow. -Mr. Pennington made a motion to concur with the recommendation from the Marco Island Beach Advisory Committee and the advice of staff to cancel the project. It was seconded by Mr. Kroeschell. All were in favor; the motion passed unanimously, 8 -0. E) HIDEAWAY BEACH ACCESS IMPROVEMENTS -Mr. Hovell stated that the Hideaway beach access improvements had been under design over the summer by Humiston & Moore Engineers. He added that at the last meeting they handed out a preliminary design for review. There is now a choice to be made for Page 5 October 10, 1611 one of three options: 1) All sand to be placed, to provide walking access from the Tigertail Beach area up to Hideaway Beach, with one small boardwalk over Little Clam Pass. 2) Much heavier on the boardwalk side and less on the sand side; this provided for some sand at the Tigertail end, but mostly boardwalk from Little Clam Pass up to the Hideaway Beach end. 3) The preliminary design of the last meeting was a hybrid of the two. -Mr. Pennington asked if they were "totally committed" to this. Mr. Hovell stated that they have a design underway by Humiston & Moore and the question is which of the three options they should proceed under. He added that the committee could choose to recommend cancellation of the project. Mr. Snediker explained that the BCC had approved the entire project 1 '/2 years ago. -Brett Moore, Humiston & Moore Engineers, stated that the only update in this plan referred to the quantity of sand, which was changed from 7,000 cubic yards to 19,000 cubic yards. He explained that Fish & Wildlife recommended keeping the boardwalk seaward of the mangroves and this is why they recommended the hybrid of the two plans. The concern is that if the boardwalk is too close it will inhibit the ability for the mangroves to grow. In the 1990 beach re- nourishment for Marco Island there was some severance of wetlands which required mitigation and this is why they chose to put the fill to the north and the walkway to the south. -Mr. Pires stated that he believed the mangroves at the Pelican Bay Walkway were doing well in their growth and growing a nice overhead for the walkway. He believes the walkway should be built in this fashion and that it will not be a detriment to the mangroves growth. Mr. Moore stated that the Pelican Bay Walkway was inserted directly in a forest of mangroves and what they had proposed in this case was to build the walkway adjacent to the mangroves. -Mr. Snediker agreed that a meandering boardwalk would be more enjoyable for the public. He added that the mangroves behind this point were in fair condition and not what you would call "healthy ", and that the state has issued permits in the last few years to homeowners to clear out these mangroves. Mr. Moore stated that in the cleared areas the mangroves were "really on the fringe ", but he believed the mangroves near the shoreline were left alone. -Mr. Snediker asked if they really needed the t -groin since this was a very expensive portion. Mr. Moore stated that the t -groin was actually being shown as part of the Hideaway beach project. Page 6 October 10, 2002 1 11 -Mr. Roellig asked if they had a cost estimate for the 18,000 cubic yards of sand and the boardwalk. Mr. Hovell stated that the preliminary design indicated that it would be an upland sand source and then one could plan $20 -$25 a cubic yard. Mr. Snediker asked if they could use the sand from the beach re- nourishment in order to cut the cost in half. Mr. Moore stated that further into the design they will provide a cost estimate for both approaches and they will look at the most economical source for sand. -Mr. Pennington stated that he is more in favor of the re- nourishment for Hideaway Beach than building a boardwalk. He does not believe that the boardwalk would be "much utilized" by the public in order to get to Hideaway Beach when they are already at a "far superior beach ". He added that this expense would be better utilized by building an access across to Shell Island. -Mr. Galleberg asked if this was preliminary in nature. Mr. Moore stated it was. Mr. Galleberg added that he agreed with Mr. Pires that a winding boardwalk would be more aesthetically pleasing if it would be approved by the state. He stated that Mr. Pennington also raised a good point, that this is not really needed and they can decide this later. Mr. Moore stated that he believes there are a large number of people who enjoy walking on boardwalks through environmentally sensitive areas and taking a look at "what is going on ". Mr. Pires and Mr. Pennington agreed with this. Mr. Pennington added that it appears there are more people eager to get across to Shell Island. -Mr. Snediker asked what the time frame was. Mr. Moore stated that they will amend the plan, send it to Ron Hovell, initiate meetings with the agencies for feedback, meet with Ron Hovell, and then submit an application. He explained that they would meet with the agencies within the next thirty days and submit the application in the following thirty days. -Mr. Galleberg stated he would like something done to gauge the public's interest. -Mr. Hovell asked which option they would like to consider. Mr. Moore stated that it was his interpretation that they would go forward with this approach, make some changes to the boardwalk so it is closer to the shoreline and more interesting. He added that the quantity of the material would depend on cost and environmental impacts of the fill. -David Sommers, general manager of the Hideaway Beach Club, stated they actually presented this plan to the BCC and three of the original county commissioners were still here. He added that the board has not yet seen the revised plan, but at their last meeting their position was to go with a more natural look similar to the access that was there in the 1980's. Page 7 October 10, 2002 1 -Mr. Galleberg clarified that there was direction from the BCC, the CAC advice was to "hug" the boardwalk closer to the mangroves, and that cost is something they will have to consider at a later point when more information on it is available. F) BEACH CLEANING OPERATIONS -Mr. Hovell stated that they have been running with three operators, two beach rakes, and one gator. One beach rake and operator is dedicated to Marco Island. The other rake, the gator, and the other two operators rotate between Vanderbilt, Park Shore, and Naples beaches. He believes this has been working well. There have been times when seaweed has been brought up and there has been some negative comments, but not to a high degree. He explained that they would probably continue in this mode pending an answer from the Florida Department of Environmental Protection. He added that the prisoner rock removal has been working out well, they have even gone wading in the water to do rock removal. He explained that on any given day 1,000 lbs. of rock had been removed by manual labor. -Mr. Pennington stated that he noted the south side of Doctors Pass had been swept in the last few days. He believed that far more had been swept than what was required for the removal of seaweed. Mr. Hovell stated that the rake is making its cycles and he believes this is what Mr. Pennington noted. He added that the DEP rock removal plan was for weekly raking and they actually are raking biweekly. (Park Shore is not part of the rock removal program). -Mr. Staiger stated that he is still receiving complaints from various parts of Naples concerning debris on the beach. He believes, "unfortunately ", that people may have gotten used to raking and if they can get an opinion out of DEP stating that they do not have to do this on a routine schedule, then people may get used to the way the beach used to be. -Mr. Galleberg stated they need to get movement from DEP for two issues, raking and the "endless" rock removal. -Mr. Hovell stated that at the last meeting there was discussion of the county divesting itself of some beach rakes to the city and staff now believes that unless the cities want to request this, they are currently in the best position to provide the consolidated service. He added that if everyone had one beach rake, it would not be possible to maintain the same level of service. Page 8 October 10, 20021 A TEN MINUTE RECESS WAS TAKEN AT 2:30. IV. NEW BUSINESS A) SAND SEARCH UPDATE -Tom Campbell, Coastal Planning and Engineering, stated that there seems to be plenty of offshore sand resources and it is just a matter of how they explore and make the best use of them. His presentation was broke into two parts: a historic overview of investigations and use of the GIS program. He added that in some cases they could not uncover past data, but with the GIS system, information from this point on will be safe. -Jeff Andrews, informed the committee of the sequences of projects done in the past. The first study was done in 1972 by the Corps of Engineers, they took 14 cores within about a `/2 mile of the shoreline. The cores had little sand, which proved there was little reason to go in this area again. In 1987 the CEC did 146 cores off Collier County and Big Marco Pass. These cores identified 10 bar areas. In 1990 they did another 40 cores off of Collier County in Naples. These cores redefined the bar areas they had previously selected. In 1995 they went off shore and looked at some of the ridges and took another 74 cores. These cores are the bar area #6, which was used for Vanderbilt beach. He showed that some of these are fairly good sand sources. CEC did another 22 cores with seismic lines. They found significant solution pits, this was 4 -6 miles offshore. He then showed one of the core samples they found. It contained dark material and high silk content, it was not beach compatible material. They determined with a visual logging that it was not compatible beach material so there is no grain size analysis or silk content data. In 2000, 15 cores were done off of Cape Romano Shoals. Mr. Andrews stated there were two shoals present that are usable for the Naples Beach Restoration. He stated they are deep enough for a Hopper Dredge, however the grain size is 0.18. The other area is off Tom's Hills that contains over 50 million cubic yards of very clean quartz material. The four usable areas for the project are Naples Ridge, Marco Pass Shoals, Cape Romano, and Tom's Hills. He explained that Naples Ridge and Cape Romano need additional investigation. Mr. Andrews stated they would like to investigate some other areas with jet probing. Mr. Andrews then used a video to show how a jet probe works. -Steve Keene showed a listing of preliminary results from the monitoring done over the summer. The design width of the beach, through six years, is —50 feet added beach width or the total beach width, (from the back of the seawalls and vegetation), is —100 feet. He then did an estimate to find that they would need 570,000 cubic yards for the north Page 9 October 10, 2002 1 county area and the three project areas that were filled last time. If they added 20 feet to the design they would need 800,000 cubic yards. He explained that if they used 580,000 cubic yards it would be the same size of sand for Naples, Vanderbilt, and Parkshore Beach. If they use fine sand they will double the amount of sand needed. -Mr. Pennington asked how much sand was used for the last major re- nourishment. Mr. Keene stated it was —1.1 - 1.2 million cubic yards and they are now looking at a re- nourishment of about half that quantity. -Mr. Keene then added if they look at a coarser sand they limit the impacts and they need less sand to get the same beach width. Mr. Pennington asked if this fell within the DEP parameters of grain size. Mr. Keene stated it did and that you can go up to 0.5 or 0.6 depending on how much shell is in the sand. He then referred to the chart and what it means in potential borrow areas. He stated the Naples Ridge area is the most economical if sand is found to re- nourish the northern beaches or if this does not work they will look at the big borrow area off Sanibel Captiva Islands, off the northwest. He added that if it was possible to consider this, then the Marco Pass area would also be compatible with the beaches of Naples and the northern county area. -Mr. Pennington asked if the complaints about beach hardening after the Marco Island Beach Restoration are now being considered. Mr. Staiger added that it had a lot of shell and a high carbonate content that caused "cementing problems ". Mr. Keene stated that they can address this during the investigation stage. He added that it is a requirement in Florida that if you build a beach, you have to till it for three years. Mr. Staiger added that during the 1995/1996 beach restoration, the contractor immediately tilled the sand so it was very unobtrusive and not everyone noticed this. Mr. Pires asked why they couldn't investigate the Marco Capri Pass. Mr. Keene stated that they believe Naples Ridge should be investigated because it has the best price. Mr. Campbell stated they originally did not investigate the Marco area because there seemed to be political problem. They assumed this problem was still in place and this is why they didn't consider the Marco Shoals. Mr. Pennington stated that they did have desire for this sand, but Marco threatened to file suit against them. Mr. Staiger stated the concern was not over who owned the sand, but the removal of sand might change the wave characteristics and have adverse effects on adjacent beaches. Mr. Keene stated that this is good sand, but this is a very delicate system. Mr. Campbell stated that they would have a difficult time attempting to prove that there would be no adverse effects. Mr. Pires asked if when it was used in the past, did it not have such a heavy impact because it was a smaller Page 10 October 10, 2002 quantity. Mr. Campbell stated that this was correct and that taking sand from the outer 16 1 1 fringe had less of an impact as well. Mr. Galleberg stated that he believed it should appear on the table at this stage, so they can get a cost comparison and if political issues arise, they can deal with them knowing what the trade off is. Mr. Campbell suggested when they do phase III of Hideaway Beach, they expand it to develop the entire area as a borrow source. He added that they may find an outer fringe that has less impact, to use as a borrow source. -Mr. Snediker stated that the natural sand at Hideaway Beach has a lot of shell in it and he does not believe there would be complaints. He added that times change and the political issue that arose a number of years ago may not arise again today and they should definitely consider the area and see what occurs. He believes Marco would have less political issues today then in the past. - Ashley Lupo asked if Rookery Bay was involved when you go down to Marco. Mr. Keenes stated that Rookery Bay was on the edge of the proposed Marco Pass borrow areas and they are taking this into consideration in the final decision. -Mr. Campbell gave an overview of their recommendations and anticipated schedule. They recommend a planning meeting conducted between themselves, Humiston & Moore, and the CAC to make a schedule and integrate future investigations. He added they should have a meeting with the agencies in the next month or two. He then explained they would like to do a phase III sand investigation in the Marco area and a phase II investigation for Naples, Park Shore, and Vanderbilt areas. They also anticipate a pre - application meeting in the near future for any project being considered in the north county area. -Mr. Andrews used the GIS system to discuss concerns in Big Marco Pass and Rookery Bay. They reviewed the vibracores that were taken in Big Marco Pass, which showed that it had good sand, but there were shell layers as well. The Rookery Bay was lacking some of the information and they would like to find the original core log for review. -Mr. Galleberg stated that at the previous presentation, he believed everyone felt as though they had made a mistake in 1996 and that Tom's Hill was now the best option. -Mr. Andrews stated that Tom's Hill has the best sand due to its high quartz content, but they would like to find it closer to Naples. Mr. Campbell stated that at the previous meeting they decided that Tom's Hill was a good "go to" source, but it would be worthwhile to use the GIS and investigate the other sources for cost saving purposes. He added they still feel Tom's Hill is a good source. Mr. Galleberg stated that a lot of people Page 11 1 October 10, 200 still feel "raw" about the re- nourishment in 1996 and if they go to the Naples Ridge, the first question is how will it be different this time. Mr. Hovell stated he agreed and they need to keep this in the front of their thinking. He added that they will write in the contract, that the sand being pumped on to the beach must be screened. This will put more focus on sand being dug by a hopper dredge Vs a cutterhead. -Mr. Galleberg asked if the estimates were only for sand delivery. Mr. Campbell stated that they were and there are other aspects not considered in these estimates. For example, there will be mitigation expenses for any case. This could change the numbers greatly depending on the amount of acres. -Mr. Roellig asked if it was possible to bring the sand in by water rather than trucking it in. Mr. Campbell stated that this is a possibility, but it has not been looked into yet. - Ashley Lupo asked if the Naples Ridge cost would change depending on what they used to bring the sand to the beach. Mr. Campbell stated the estimate was based on a Hopper Dredge so they expect it to remain the same. -Mr. Pennington made a comment that even though 1 mile of the 1996 re- nourishment had rocks, 6 -7 miles turned out beautifully. -Mr. Roellig asked if they have a better positioning of the dredge now than in 1996. Mr. Campbell stated the positioning is superior at this time. He added that they are also avoiding over - dredge by checking the limits daily. He explained that it is much easier to do thin, shallow cuts with the Hopper Dredge rather than going deep with the Cutterhead. -Mr. Hovell stated that this was an update on phase I, which was gathering all the information. The next step is to begin investigations. The remaining question is: is it feasible to have the pre - application meetings to do this major re- nourishment next winter. -Mr. Campbell stated it can happen, but they will have to go in high gear and they need direction from the board to do so. He added that there would be a good chance of making it if the DEP bought off on the concept of the accelerated schedule. -Mr. Galleberg stated that it stands they have further investigation to do on Naples Ridge. -Mr. Campbell stated that Tom's Hill is a "go to" spot, but they would have to do more cores in order to get permits. -Mr. Galleberg stated they had also decided to take a closer look at Marco and Capri Pass because it is possible this would be the most economical approach. -Mr. Snediker asked what the downside of an accelerated schedule was. Mr. Campbell stated that he did not believe they would make mistakes, he felt the downside is that the process may become "stalled" anyway. Page 12 October 10, 2002 -Mr. Snediker stated he would like the committee to discuss the high gear approach to this. Mr. Roellig agreed with Mr. Snediker, but wanted them to remember they are not putting as much sand on as in 2003 and this exposes the beaches to shore damage. He would like things to move in high gear so they provide more protection. -Mr. Campbell asked the CAC if they wanted to "beef it up a little" to 120 -130 feet rather than 100 feet. -Mr. Pennington stated he believed that there are many plusses to speeding up the process and he would like to see the beach expanded. -Mr. Pennington made a motion to do more work in the three areas described and to fast track the process. It was seconded by Mr. Roellig. All were in favor; the motion passed unanimously, 7 -0. (Mr. Pires was not in attendance. He left at 3:45pm) C) WIGGINS PASS EMERGENCY DREDGING -Mr. Hovell passed out the executive summary that went to the BCC the previous Tuesday. He stated that they requested a budget amendment for $10,000 to get the Coastal Engineers started on the data gathering, so they can get a notice to proceed under an existing permit, a quantity estimate, and a design. He used an aerial to show how much larger the northern side of Wiggens Pass used to be. With the recent southwest winds a sand bridge has built itself across the channel. Boaters from the Pelican Island Yacht Club have been going out on a daily basis and reporting depths of 3.5 feet. He stated that it has gone from 8.5 feet when they dredged in March 2002. He stated this is a big impact to the boating community. He pointed out that the Wiggens Pass Dredging Fund got lost in the various re- organization of the county since 1994 and the money has just been sitting there collecting interest. It now has a balance of $11,800. He would like to make use of this money for the emergency dredging. The problem is that the balance remaining in this fund is probably tourist tax funds that were transferred into this fund to help with the dredging, but then the decision was made to fund it directly out of the tourist tax funds, and the transfer balance was left sitting. The County Attorney's Office is doing a trace to find exactly what the balance remaining is made up of. He added that even if they have to reimburse for the water channel of Turkey Bay, he would guess that fund 304, (Wiggens Pass Dredging Fund), would not be in a position to do this, unless it is determined that some of those funds are not tourist tax funds. -Mr. Pennington believed that the pass needs to be dredged and if the funds in this particular account are tourist tax funds, then it seems appropriate. Page 13 October 10, 161 -Mr. Pennington made the motion that they support staff and recommend approval to proceed. -Mr. Galleberg asked if this went before the county commissioner the day before because it was considered an emergency and approval would be considered an endorsement of their action. Mr. Hovell informed him that it had been heard and they did approve it. -The motion was recalled. It was seconded by Mr. Snediker. All were in favor; the motion passed unanimously, 7 -0. (Mr. Pires was not in attendance). D) HIDEAWAY BEACH EMERGENCY SAND PLACEMENT -Mr. Hovell showed photographs of the Royal Market Point t -groin that were taken at different times. He explained some area trees are starting to be undermined by the erosion. In April they had trucked in some sand and tried to repair the area, but it has again washed out. They have received letters from the Hideaway Beach Association. He informed the CAC that under existing permits they have the requirements to monitor those existing sandbag t- groins and maintain them. Humiston & Moore is going out this month for their 6 month survey. They can use this information to determine how much sand is needed and where it is needed. V. AUDIENCE PARTICIPATION -There was no audience participation. VI. SCHEDULE NEXT MEETING -The next meeting was scheduled for November 7, 2002 at 1:30pm in the same room. VII. ADJOURNMENT — the meeting was adjourned at 4:07pm. There being no further business for the good of the County, the meeting was adjourned by order of the Chair at 4:07 P.M. COASTAL ADVISORY COUNCIL GARY GALLEBERG, CHAIRMAN TRANSCRIPT PREPARED ON BEHALF OF MANPOWER SERVICES, INC. Page 14 Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News PUBLIC UTILITIES ENGINEZRING 3301 TAMIANI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 310828 58554230 NOTICE OFPUBLIC MEET State of Florida County of CoLLier Before the undersigned authority, personally appeared B. Lmmb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily dews, a dniLy newspaper published at Naples,, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore be:n continuously published in said CeLLier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON. 11112 AD SPACE: 98.00 INCH FILED ON: 11/12/02 Signature of Affiant _ 2-.�- - " Sworn to and Su'scriGed e m :. s ay of C✓ Personally known by me -� — NDV ft f4r 4-0-110 November 14 106 11 TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTE Naples, Florida, November 14, 2002 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30AM in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg William Kroeschell Ron Pennington James Snediker Ashley Lupo Robert Stakish David Roellig Anthony Pires (Absent) John Strapponi (Absent) ALSO PRESENT: Dr. Jon Staiger — City of Naples Ron Hovell — Coastal Projects/Public Utilities Engineering Department Tom Campbell — Coastal Planning & Engineering Tom Pierro — Coastal Planning &Engineering Mora Krause — Collier County Natural Resources 1 November 14, 200 1 1. Roll Call Roll Call was taken by Chairman Gary Galleberg. A quorum was established. 2. Additions to the Agenda Mr. Galleberg asked Mr. Hovel to give the Committee a recap of the Beach Renourishment and Groin Fields which he was part of with the Naples City Council. Mr. Pennington wondered if a discussion of the bridge to Sand Dollar Island at Marco would be an issue for the Agenda. Mr. Hovell answered it was not, and was approved by this committee in March/April and included in the Counties Budget and a Parks and Recreation project. The Re- nourishment and Groin Field discussion will be discussed under the "10 year Plan ". Mr. Snediker would like to discuss the Application Form — which will be "Item 4I ". 3. Old Business a. Approval of Minutes for September 12, 2002 & October 10, 2002. Mr. Kroeschell mentioned at the last meeting he asked Mr. Humiston about the distance between the parking lot and Hideaway Beach access — Mr. Hovell reported on it at the last meeting and feels it should be in the minutes. Mr. Hovell stated the distance according to the GIS — from Little Clam Pass to the parking lot is 3,300 feet. Mr. Pennington made some corrections to the Sept. 12th minutes as follows: Page 6 — 8th line — it should read "Birds eye view "where" accumulation. Page 7 — 2nd line — bought the rock "from" the word "from" should be deleted. Next Paragraph — 2„d lines after RECESS — should read "City has "selected" not elected. Page 18 — 2nd line — should read "grading" not "grating ". Mr. Hovell mentioned Mr. Pennington suggested Mr. Staiger should read "Dr." Staiger. Mr. Pennington moved to approve the September 12, 2002 minutes as corrected. Seconded Mr. Roellig. Mr. Pires name was misspelled and stand as corrected. Motion carried unanimously 7 -0. b. Marco Island Grading — Mr. Hovell reported the area of the south end of the Tigertail Lagoon down to the wider area of beach will be re- graded. He showed the area on the overhead with details. The contractor will be grading on Tuesday and will take about two weeks. 11 November 14, 201611 Mr. Pennington brought back the October 10th minutes for approval with corrections. Page 2 — under approval of workshop minutes — 1 st line — Mr. Galleberg asked Mr. Hovell - should read " "If' something had been deleted ". Page 9 — center of page — two places in which silk was used should read "silt" (line 16 & 18) Page 13 — P line — the word "as" should be deleted. Mr. Pennington moved to approve the October 10`h minutes as corrected. Seconded Ms. Lupo. Motion carried Unanimously 7 -0. Hideaway Beach Sand Placement — Mr. Hovell reports 19,000 cubic yards of sand is needed to get the beach back into the shape it was a year ago. When the final quantity is determined, they will go to the State for authorization to proceed. He is hoping to have it all coordinated and started the first or second week of December. He then referred to the overhead showing the areas of sand placement. It will take approximately 3 -4 weeks. 4. New Business a. Vanderbilt Beach Rock Removal & Sand Placement — it was a bit under 7,000 tons or 5,000 yards on Pelican Bay's Beach. The Pelican Bay Service Division, with their funding, paid for the work and used the existing contracts to have the work done. The property where sand was placed belongs to the County as a preserve area. The area was shown on the overhead. Mr. Roellig discussed restoring the dunes and the concerns of Gabriel or another storm that could open up a pass. He felt everything ran very smoothly and was very successful. Mr. Hovell stated they moved to the Vanderbilt Inn area and worked south. At the southern part of the beach they are completing the rock removal operations. One machine was brought in instead of two at which time they had to work with the State to allow different equipment. He described the equipment and stated the rock removal and sand replacement project should be finished by Thanksgiving. b. Collier County Beach Restoration Project 6 Year Monitoring — Tom Campbell — Coastal Planning & Engineering, Inc. — He covered some beach nourishment basics. He gave a presentation of a pre- nourished beach on the overhead. He mentioned three components — design breach, advance fill and the adjustment fill. The adjustment fill shifts to the offshore and makes the beach narrower. This beach has averaged over the last 6 years about 5 feet per year retreat due to the sand that is moving 3 November 14, 2 2 offshore. He talked about monitoring results, design beach and the advance fill. c. Storm -Water Outfalls d. Engineering Services for Major Beach Re- nourishment Tom Pierro gave an overhead slide presentation: - 1.27M Georgia sand was placed on the beaches of Vanderbilt Park Shore in 1995/96. - 50,000 yards of losses per year - Showed project map — Vanderbilt Beach 1.5 Miles long, Park Shore 3/4 mile and North Naples 3 '/z miles. - Shoreline changes were given — losses were noted - Graphs were shown on how the project looked then and now - Rock Groin Fields shown - Survey was made July 2002 Mr.Roellig stated he has watched Clam Pass since 1996 and noticed the predominate flow has gone from South to North. - 52 ft beach remaining - T- Groins modified, helping and maintaining fill - Volume changes — (Vanderbilt loss 8,000 yards, Park Shore gain 2,600 yards and North Naples gain 9,400 yards - Truck haul fill is influencing the grades - Gain over 6 years of 53 yards, three profiles of jetty extension Mr. Pennington discussed the jetty extension, the replenishment action and the impoundment area. - Result of bypassing the sand and truck hauling was discussed - Naples project area still about 98% of its constructed volume - Shore land receded can be related to the sand grain size of fill and not showing up in shore line - Sand grain sizes were discussed - Current performance of beach can be indicated at design - Recommend advance fill over trucking at time of re- nourishment Dr. Staiger stated the State allowed them to agree to do a section of the Naples Beach in May because no turtle nesting activity has been on the beach for 3 -4 years. Bad weather and constraints on the inability to produce sand rapidly, they dredged more shallow because of the rock problems. The 1995/96 beach fill has performed quite well. Tom Pirro continued with the beach width design description on his slide presentation. Recommendations are to adopt a design standard and consider 0 November 14, 2002 re- nourishment now. With proper advance fill and project design for certain life, they can eliminate the need for truck haul fill. Tom continued with slides of drainage, rock growing, storm water outfalls, underground pipe, and ex- filtration system. He also talked about ejection wells, drainage wells or a small infiltration system improving esthetics being considered. It is all a preference. Staff will need direction with the issues being: some city owned, publicly owned, privately owned and sizes and how important is it to do before, or in conjunction with the next major re- nourishment program? Mr. Pennington commented that photos were taken with information provided to the Committee and the City Council and suggests taking responsibility for getting action prior to any additional sand being placed on the beach. He feels there is a City responsibility to take necessary action. He has had conversation with Dr. Staiger concerning this issue. Dr. Staiger stated the large PVC pipes are part of the cities street storm water drainage system. Only one is not - at the Mansion House. Discussions have been held with the State because they want them to eliminate all the cross - shore drains. There is no other place to put the water because of the gravity drains progressing inland; it is an uphill run. Lift stations are very costly which is an alternative. They have extensions to all the drains in the project design which is on the beach now. New junction boxes have been put in with access manholes and PVC pipes. The cradles extended further off shore, some time ago, some of the terminal sections of the pipe were removed because they were sticking way out. They would like to get rid of it. Engineering Dept. oversees it with Public Works maintaining it. Need to modify or eliminate them. Mr. Pennington asked if appropriate to write a letter to the City of Naples and recommend action be taken to insure something be worked out with the private outfalls before putting more sand on the beach. Mr. Galleberg stated they could address the City by letter. Dr. Staiger talked about the adverse decision of burying the ex- filtration pipe in the back side of the beach creating a problem with turtle nesting. If they are kept back close to the sea wall and the vegetation lines then build the dune in front, it may solve the problem. He asked what they will do about some of the outfalls. The private ones could be offered some reasonable designs and done as part of the project; it may be a solution. After discussion Mr. Pennington moved to send a letter to the City of Naples requesting an action is taken prior to any additional sand being placed on the beach. Seconded Mr. Galleberg. 5 November 14, 200 oil Mr. Roellig had concerns and was reluctant to support something that could freeze beach re- nourishment for ten years. One problem may be that there isn't an acceptable gravity solution. Problem with storm water discharge is the quality isn't much different than sanitary discharge and sooner or later may have to face the issue. He stated this may not be solvable. Something has to be done to address the issue with condominiums dumping it on the beach. Mr. Galleberg felt the motion is a communication from the committee to tell the City of Naples this is an important issue and to address it. It needs to be recognized by the City. Mr. Galleberg felt the issue is doing something with the outflow so the sand isn't washed away, not to design a drainage system. Ms. Lupo asked how much an exfiltration system would cost and Dr. Staiger estimated about $10,000 total. Motion carried unanimously 7 -0. Break 2:55 Reconvened 3:10 Mr. Campbell continued on with Engineering Services for Major Beach Re- nourishment. He covered Design and Permitting and Surveys in his presentation. County wide sand search Phase 1 investigation is finished, (analysis of the historic data), Phase 2 has been approved and leaves two other phases. The Engineering Design and permitting includes program management and public relations. He covered marine sources of investigation which deals with the rock, how much is there that could still be affected, and how it was affected last time. Permitting is time consuming and should be made part of the process during the Design. Combining the Design services with the seven year monitoring can be done so they can save a set of surveys, then bid and award. The Marine Resources investigation is a bigger element. The environmental issues are larger then the engineering design issues. This is one of the main reasons people come to the Naples area. The Design surveys, the Final Design, and the bid and award are the final items to be done. The importance of Permitting was discussed. Barefoot beach was mentioned as an example such as looking at the monitoring reports thinking there isn't any sand needed, but unless sand is added they would not be eligible for FEMA reimbursement. Mr. Pennington stated $600,000 is already authorized, $635,000 is needed. Mr. Campbell stated 35 -40% is contracted out for the sand investigations. 2 November 14, 2002 A question was asked if the easements are still valid — Ron stated there were 10 year easements between the property owner and the County and those will be up in December 2005. The cost issue was addressed and Mr. Campbell stated he is giving budget estimates so the committee has a feel for future costs. He could break it down into hours if possible with the final numbers in which everyone is comfortable with. Cost figures would be set up for a proposal and negotiated at a later date. No figures will be approved today just scope of work. Mitigation was discussed with the constraints and width of the beach. Mr. Roellig didn't feel they could come in much below this cost and felt it was in line. Mr. Roellig moved to proceed and have staff work with Mr. Campbell, Coastal Planning & Engineering, Inc... Seconded Mr. Pennington. Ron Hovell reviewed with the committee the purchasing process of which he has to go through to get to the Board of County Commissioners and stated the committee needs to recommend the approval of a budget estimate. A grant application will be filled out and if the committee is willing to recommend approval of the $635,000 he will take it to the TDC for their December 10`h meeting and formally give it to the committee at their next meeting. Mr. Roellig wishes to include in his motion "the committee is recommending an additional budget of $635,000 for the overall design for the next major re- nourishment." Mr. Pennington seconded. Carried unanimously 7 -0. Ron Hovell talked about time and materials, the scope of work, and alternatives so the engineering company can do a proposal for the specifics of the design. They can then have discussions with the City concerning alternatives and/or whatever is cost effective and the different processes. He would not want to hold back on the initial work pending response from the City. Mr. Galleberg thought it was a good idea for the properties in the City to try to correct their outflows prior to the re- nourishment. In the letter to the City they can point out coordinating the re- nourishment and design and then look for funding. He felt it wasn't a good idea to get too detailed. Mr. Hovell needed a clarification of what the intent of the motion was and what the letter to the City will state. Is the letter to the City going to state the committee is "not" going to move forward until they hear from the City or is the committee saying they "are" going to the city but also wants to initiate something. The State may require the committee address the storm water 7 16 November 14, 2002 outfalls in order to do beach re- nourishment. He's suggesting to be proactive rather than reactive. Mr. Hovell will write the letter to the City and not initiate a design. After discussion of Mr. Hovells concerns and clarification it was stated the motion was to write a letter to the City advising them of the issues and make them aware and a part of the process. Mr. Hovell then stated that the committee "does" want him to initiate the $12,000 work order. The committee agreed. e. 10 -Year Plan Discussion — Mr. Hovell handed out a Budget draft of expected expenditures and discussed figures. The Tourist Tax revenue projections are a bit over $6M for FY03. He discussed the high water demands, projections being conservative, the revenues in 2013 and VB parking garage. There is a line item in 2004 for the Wood Groins and proposal (if done) — to do with the major re- nourishment program and put in with the grant application. Mr. Galleberg stated the area South toward Gordon Pass is eroded at this time and historically was wood groins in the area. The ultimate goal over time is reducing the dredge and fills. He asked Ron about the 2004, as mentioned, is $9M provided and hope the $5M trucking carried in 2003 would be diverted to the re- nourishment. Ron answered $2 -$3M has been spent this year but anything not spent will return to the reserves which will make it more affordable for future projects. They were asked by the budget office to forward the budget mounts they projected for the cost of rock removal and how much sand will be done. They need to address the number they want to roll into the 10 -year plan. L Dredging Policy Discussion — Ron updated the committee on the dredging of Wiggins Pass back in March. Due to the hurricanes in the gulf in September sand was pushed north and filled in part of the Pass. They thought of using Clam Shell operations with a cost of $3- 400,000. Going through the process, Ron said he found that the Lake Michigan Contractors were in the area (did the dredging in March) in Tampa and were going to be in our area. They were thinking they could use them, but after careful thought decided to find more companies with availability. They found 4 hydraulic dredging companies that met the time frame. Their quotes were due on November 14 and will take the quotes to the Board of County Commissioners in hopes of approval. He asked if there should be a different policy than to continue using the Tourist Tax funds to dredge Wiggins Pass. Mr. Pennington stated the Tourist Tax initial concept included the Passes from a navigational perspective. He suggested no change. 1 November 14, 2002 Ron said they have not addressed any of the dredging concerns that are not eligible for TDC Funds. Discussion followed on the Tourist Tax and what is covered. A lengthy discussion addressed the lagoons, passes for dredging and who will be responsible for payment and the Taxing Districts. An example of Vanderbilt Lagoon was given. Mr. Pennington stated the Moorings set up a Taxing District. Mr. Galleberg mentioned if it is part of the canal it is not part of the waterway system. The canal is not public policy. The different taxing districts were given and discussed. Mr. Roellig mentioned Vanderbilt Lagoon is pursuing a Federal Study on water quality and obvious that the main problem is storm water discharge. It's not a Coastal issue, but maybe a call to the Advisory Committee for an update would be helpful. Taxing Districts were discussed. g. Wiggins Pass Maintenance Dredging Grant Application - Ron did not have to explain the Grant Application — Mr. Pennington moved to approve the Grant Application. Seconded Mr. Kroeschell. Carried Unanimously 7 -0. g. Beach Raking & Equipment- Ron informed the Committee they are using two rakes and the County owns 4 beach rakes. The oldest one has been at the County Barn as a back -up but now find they only need two. He is looking for input on declaring one if not two of the beach rakes surplus to the Counties needs so they can take it to the Board for their approval. One would operate on Marco Island all the time and when it breaks down, they will have the back -up. Mr. Pennington moved to keep two beach rakes and get rid of the other two. Seconded Mr. Koeschell. Carried unanimously 7 -0. Ron reported he attended a meeting in September and listened to a presentation by Dr. Dean from University of Florida entitled "Where Does All the Sand Go ?" It was a complete historical analysis. Also at the last conference he had attended, he purchased a book "Saving Americas Beaches ", by Dr. Scott Douglas. He recommends beach re- nourishment for wide spread coastal maintenance. His administrator accompanied him and thought it would be helpful to establishing a local chapter of Florida Shore and Beach Preservation 9 November 14, 20 J611 Association. Having a public organization would better educate the public. h. Application Form — revision of the form for Grant Applications was discussed. Ron will look into different forms and draft something for the Committee at the next meeting. 5. Audience Participation — None 6. Next Meeting — December 12th 1:30PM 7. Adjournment — being no further business to come before the Committee the meeting adjourned at 4:45 PM. Iff Naples Daily News Naples, FL 34102, Affidavit of Publication Naples Daily News PUBLIC UTILITIES ENGINEERING 3301 TAMIAMI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059405 310828 58570055 NOTICE OFPUBLIC MEET State of Florida County of Collier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said Collier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 12/09 AD SPACE: 80.000 INCH FILED ON: 12/09/02 Signature of Affiant -�/ : ,- i: Sworn to and Subscribed b re me s IU day of -� 20_0 Personally known by me �� IM TRANSCRIPT OF THE MEETING OF THE COASTAL ADVISORY COMMITTEE Naples, Florida, December 12, 2002 LET IT BE REMEMBERED, that the Coastal Advisory Committee in and for the County of Collier, having conducted business herein, met on this date at 1:30 PM in REGULAR SESSION in Building "F of the Government Complex, East Naples, Florida, with the following members present: CHAIRMAN: Gary Galleberg William Kroeschell Ron Pennington James Snediker Ashley Lupo (Absent) Robert Stakich (Absent) David Roellig Anthony Pires John Strapponi ALSO PRESENT: Ron Hovell — Coastal Projects /Public Utilities Dr. Jon Staiger — City of Naples 1 i Mr. Pennington asked if financing the parking garage was to facilitate getting more money for the full beach renourishment project. Mr. Hovell stated they did not want to run the 2004 figure into a negative number. It is a potential way to get through the high year anticipating the funding for the major renourishment project. From a grant aspect the funds have been approved for the parking garage. They have not awarded the design to an engineer yet due to a legal action. He didn't think they had to go to the Board for the financing concept; it would be part of the budget process. The Boards approval of the Budget would be an approved plan. Mr. Hovell asked what they would do with the truck hauls. He suggested an option to continue to budget approx. 50,000 cubic yards worth of sand a year or have a different strategy — a lesser amount or none at all. Mr. Hovell will put the "Revenue ", "Truck Haul" and "criteria for prioritizing" as specific disscussions for the January agenda. 4. New Business: a. FEMA Update — FEMA did support their appeal and approved Vanderbilt and Naples beaches be added to the Park Shore Beach. All three are now eligible for the FEMA Funding. Tallahassee said it was the first successful appeal of the 5 year rule. FEMA says if there hasn't been sand added within 5 years it usually is not eligible. Estimate would be approx. $2M. b. Florida Shore & Beach Preservation Association Membership — Mr. Hovell provided a copy of the letter from the Association. They are asking for them to join "Beach Watch ". It is a lobbying group that tries to protect the money for beach funding in the State. Mr. Pennington moved they do not join "Beach Watch ". Seconded Mr. Snediker. Carried Unanimously 7 -0. c. Proposed TDC Category "A" Grant Application Form — Mr. Pires said they are getting a "real" short version. He feels this form provides for less information. He feels the application should address criteria and guidelines. It had the criteria but the answers didn't relate to what the questions were. Discussion followed on specifics being addressed on the application. Mr. Hovell stated the TDC had no specific desires in changing the form. He didn't think there was any rational in having any specific questions in 161" the form, so could make it whatever they feel it should be and take it back to the TDC. The shorter form is better and perhaps more detail on a project would be helpful. Mr. Hovel did mention the Budget and Clerks office would also like to see more details and specificity on project locations. Mr. Pennington moved they approve the form with the recommended modifications from the Committee. Seconded Mr. Roellig. Carried Unanimously 7 -0. 5. Audience Participation — No one from the audience chose to address the CAC. Mr. Snediker said the city of Marco Island is going to do the grooming with the Gator instead of the beach raking machine. Chairman Galleberg brought the issue of the storm drain pipes up to the City Council and asked Mr. Hovell to write a letter to the City Manager outlining the issue and hopes everyone will work together. He would like to have staff write the letter and provide a copy to the Committee. 6. Schedule next meeting - January 9t', 2003 —1:30 PM. 7. Adjournment — meeting was adjourned at 2:40 PM r �x£ J(-w. Naples Daily News Naples, FL 34102 Affidavit of Publication , Naples Daily News ---- ------------------ _._. -------- — -------- Y----------- ------ — ---- -- PUBLIC UTILITIES ENGINEERING 3301 TANIANI TRL E BLDG H NAPLES FL 34112 REFERENCE: 059485 310823 596 08611 NOTICE OF PUBLIC NEE State of Florida County of Cc;lier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on datas Listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said CoLLier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised an person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in thi .,aid newspaper. PUBLISHED ON: 02118 AD SPACE: 118,000 INCH FILED ON: 02/18/03 Signature of Affient ,_ Sworn to and Subscribed Personally known by r.-..e me ykri Q !�iay of ' _ 200 ra"s� Donna Chesney 4�` ' MY Commission OD056336 Of F" Expires September 11, 2005 RECEIVED AND P APPROVED ' DATE P U - FE0 2 12003 0 ETRANSCRIPT OF THE MEETING OF THE January 9 0 COASTAL ADVISORY COMMITTEE Naples, Florida January 9, 2003 LET IT BE REMEMBERED, that the Coastal Advisory Committee, in and for the County of Collier, having conducted business herein, met on this date at 1:30pm in REGULAR SESSION in Building "F" of the Government Complex, East Naples, Florida, with the following members present: Members: Gary Galleberg David Roellig James Snediker Ron Pennington William Kroeschell Ashley Lupo Collier County: Ron Hovell, Joe Delate, Murdo Smith, Paul Kwa The City of Naples: Dr. Jon Staiger Page 1 1611 January 9 2003 THE COASTAL ADVISORY COMMITTEE County Commission Boardroom Building "F ", 3 d Floor 3301 Tamiami Trail Naples, Florida 34104 MINUTES January 9, 2003 The meeting was called to order at 1:30pm. I. ATTENDANCE: -Mr. Galleberg noted, for the record, that Mr. Pires, Mr. Stackich, and Mr. Strapponi were absent. II. ADDITIONS TO AGENDA -Mr. Hovell added the Sand Search Update to the agenda after Item 4A. III. OLD BUSINESS 3A) Approval of minutes for December 12, 2002 -Mr. Kroeschell made a motion to approve the minutes as written. It was seconded by Mr. Roellig. The motion passed unanimously, 6 -0. 3B) Sand Search Update -Steve Kem, Coastal Planning and Engineering, stated that they began the first phase of their field investigation in December 2002. -Jeff Andrews, in charge of the Sand Search Update, reviewed the preliminary results with the committee. He explained that a bathymetric survey and jet probe testing were used. He showed sand samples of the areas that were investigated. The fifteen areas investigated were in the southern part of the county (including the ridge off Marco Island), areas off the northern part of the county, and Marco Pass. The northern and southern areas showed a courser grain of sand, while Marco Pass showed a finer grain. He informed the committee that there was a variety of sand samples and choices that they would be able to choose from. He explained that they will be Page 2 January 9, 200 determining a rough quantity in each area at a later point in the investigation. Mr. Kein added that choices will have to be made about what grain size they want to use and discussions will follow on the consequences of these choices. Mr. Andrews stated that from an engineering perspective they prefer a courser grain since it lasts longer. Additional jet probing and vibracore studies will be done. -Mr. Kein summarized that no decisions needed to be made at this point, but they will likely concentrate on the Marco Pass as a possible borrow area. He added that they should identify two to three areas as potential borrow areas for the county. -Mr. Andrews stated that they would like to recommend Tom's Hill as a possible borrow source. 3C) Hideaway Beach Progress Update -Mr. Humiston, Humiston and Moore Engineering, provided a preliminary draft for the design of the Hideaway Beach. He explained that there are a number of things to finalize before they submit for permitting, including the sand source information. The scope of the project consists of beach restoration and an erosion control element. The erosion control structures will be addressing the two known areas of high erosion stress. They believe that by using the structures, they will be reducing the future re- nourishment costs, and that with these savings the structures will pay for themselves in approximately ten years. The design was based on 250,000 — 300,000 cubic yards of sand. The actual quantity will be determined immediately prior to construction. The preliminary cost estimates are approximately $4 million, half this cost is for sand placement and the other half is for the structures. Included in the cost estimate is a proposal to place a jetty at the entrance of Collier Bay. They requested that more information be gathered on the sand source at the northern part of Big Marco and Capris Pass. The concern is to avoid damage to the Sand Dollar Island shoals. There will be a more detailed discussion at the next meeting when the sand source information is available. Mr. Humiston added that they will be in the position to complete an application with the state in four — six months and the permit should be able to be attained six months to a year after submittal. -Mr. Hovell clarified that they should be considering approximately $4.5 million for the cost estimate due to the additional costs of engineering services, construction monitoring, post construction surveys, reports, etc. -Mr. Hovell gave the committee an update on the "trucking" at Hideaway Beach. He informed them that they hope to be completed with the project in the following week. They will come close to the original estimate of 40,000 tons of sand. They had to stop past the fourth T -groin due to the need for a state permit to do vegetative trimming and the absence of an erosion control line, Page 3 January 9, 2001 (ECL), in some areas. He added that they will review and establish the ECL with the state in time for the major re- nourishment project. -Due to the issue of the ECL, Mr. Galleberg was concerned that they were using tourist funds to truck sand onto private land. Mr. Hovell stated that he would obtain a written opinion from the County's Attorney's Office. -Mr. Pennington made a motion to request that staff make a determination of the appropriateness of what has been done and how to proceed with the extension of the ECL. It was seconded by Mr. Roellig. The motion passed unanimously, 6 -0. The committee added an update on the Marco Island beach grass and discussed item 4A at this time to accommodate staff. Update on Marco Island Beach Grass -Joe Delate, Collier County Parks and Recreation, explained that he had surveyed the recently graded parts of Marco Island Beach. They determined that the grasses were native beach -type grasses. These grasses were also growing in the adjacent dunes along Marco Island. This grass was less than an inch tall in the recently graded area and they expect that this will emerge through the sand in the near future. He explained that it can be submerged in saltwater and may propagate from small root "pieces ". Mr. Hovell clarified that due to this propagation style they will not be able to "disc" the area. Further analysis will be done to determine a way to control the growth and a photo of the current condition will be supplied at the next meeting. -Mr. Pennington added that this was a very large beach, 500 -600 feet wide and the grass was just inside the mean -high water line. 4A) TDC Grant Application for South Marco Beach Parking Gates -Joe Delate showed photographs of the renovated beach walk access, the renovated restroom facilities, the South Marco Beach Parking area gates and the proposed future gate renovations. Since the upgraded facilities and the boardwalk, vandalism has become a problem. Also, the current gate system is inoperable due to erosion from time and salt air. The request for gate renovations will be for a system that will control vehicular access at night. They feel that this will help to alleviate the problems of vandalism. The grant request is for approximately $16,000. The gates would close approximately a %2 hour after sunset and re -open at dawn. A car will always have the ability to leave, but not enter. Mechanical gates were chosen because it will cut the cost and manpower needed to control the situation through police services. -Mr. Galleberg stated that he believed this is an issue for the City of Marco Island, he added that he would recommend the city should put in a grant for this money. Page 4 January 9, 20031 -Mr. Delate used photographs to update the committee on the use of past grant money for the Gulf Shore Beach Access, the signage at the entrance, a concession facility, a boardwalk, and landscaping. At 2:47 PM a ten minute recess was taken. 3D) Proposed TDC Category `A' Grant Application Form -Mr. Hovel] changed the location of signature block as requested at the last meeting. He also added a "location" field in the description area. He noted that the TDC Approved the form at their last meeting. At the next meeting the committee will provide feedback on the grant applications in draft form. -The committee requested that "program element" replace the word "activity ". Mr. Hovell made the change. He stated he would put the change on the next agenda for the TDC. -Mr. Pennington made a motion to approve the form. It was seconded by Mr. Snediker. The motion passed unanimously, 5 -0. (Mr. Roellig did not return after the recess). 3E) 10 -Year Plan -Mr. Hovell explained that the "draft" listing at the bottom of the page showed that it was not the official yearly approved plan. Mr. Galleberg requested that the approved 10 -year plan be available for review during the grant approvals. Changes since the last approval and this draft are: 1) The major re- nourishment - $6 million to the current $9 million 2) Hideaway Beach Re- nourishment — currently listed as $5 million 3) Tourist Tax Collections (Oct. —Dec.) —up 16% from last years numbers, but lower than FY2001 -Jack Wuerte, the new Director of Tourism, gave a brief introduction and expressed enthusiasm for present and future cooperation with the CAC. Mr. Pennington stated that the CAC were in favor of no changes that would decrease the percentage of tourist tax dollars that go towards beach maintenance. 4) Interest funds/ Cash on hand — currently being shown as zero -Paul Kwa, Public Utilities and Engineering Department, reviewed some ideas for categorizing and prioritizing the grant applications. He distributed a form that listed three categories for Fund 195; (category A - Permit Required Activities, category B — Beach Re- nourishment and Maintenance & Tourist Attraction Items, and category C — Non Permit Required or Non Tourist Attracting Items). Page 5 January 9, 2003 161 -The committee was concerned that this would not organize the items in order of priority. They requested that a system be developed which could address the issues of priority, importance to the county, the timeframe that it must be completed in, costibenefit analysis, and the number of people who benefit. Mr. Hovell stated that they would continue to work on this system. 5) Catastrophe Reserves — the format was changed to show specifically which beaches were being shown, the previous years amounts were carried forward until more specific research on cost is available. -Mr. Galleberg stated that they should make a separate line for sand search. -Mr. Hovell stated that they need to decide how much funding should be set aside for annual maintenance after the re- nourishment is complete. The committee discussed historical factors that they could refer to for this figure. -Mr. Galleberg asked why "Beach Maintenance" line continues to go up, considering their new policies on beach raking. Mr. Hovell explained that they are still paying the same cost of labor, because although the equipment has changed, the number of people necessary for the beach cleaning has not. Mr. Staiger stated that the two county employees and the two city employees, who maintain beach cleaning, compliment one another. Mr. Galleberg asked Mr. Staiger to look into this matter and see where they stand. Mr. Staiger stated that he would do so. -Mr. Hovell summarized that for the next few meetings he will work on the beach raking line item, research a new way for estimating the annual maintenance after a major re- nourishment, and review the catastrophe reserves. 413) Request from Coastal Protection Inc. -Mr. Hovell included a copy of the company's web -site and photos in the agenda packet. The company was interested in making a presentation to the CAC on the benefits of building a dune - fence. The committee stated that they looked at this type of fence a number of years ago and due to the "flatness" of the beaches here, the fences would be considered unsightly. Also they might run into problems with the "turtle issues ". They informed Mr. Hovell that they want to "pass" on this one, but they would like to be advised of the future requests in the same manner so that they may have a similar informal discussion to determine whether or not to have a presentation. 5) Audience Participation -There was no audience participation. 6) Schedule next meeting Page 6 161 January 9, 2003 -The committee determined that there was no need for extra meetings to address the grant applications, but if this changes they will adjust the CAC schedule. -Mr. Hovell stated that he has not yet written the letter to the City of Naples regarding the cooperation of the outflow on the beaches, but he will be working on this. -The next meeting is scheduled for February 20, 2003 at 1:30PM. 7) Adjournment was at 4:05 PM. Page 7 Naples Daily :dews Naples, F�. 34102 Affiaavit of Publicati•.�n Naples Daily News - _- ... ------------- ..__ WARD OF COU'd'ff COMMiS!sIONL'RS � CHRIS WkfON F0 "'N' 1030i6 MAPLE) FL `74101 -3v`i REFEtiENCE: W12-!:7 #1529F 383895 NOTICE Oi ' "UBLIL MEE Sta4., of 1.' 'or ide County oP '_oUie- Eefore the undsrs-ie;ned .iuthorit,, FJrsonal y appeared B. Lanb. who or, oath sags that she sarv�-s as the As3i: tint CGcrpc; ste Secretary of the Naples bai l; Hems, n dai Ly newspaper 3ubl'shed • t Naples, in Collier County, Florida: +ghat the attached cop- of advertising was published in slid newspaper on dates listed. Af j iant further says that t hn said Na ;Aes C: Ay !!uws is a re,spaper pubLish.d ct Maples, in said CaLLier Co•int, Florida, and that the mid rnewsp:per has �.er%�tofore been :onvinuok : -Ly p0Lished in said Collier County, 'Aori,;a, each day and has Lm. n enured + s iacond cLass mail mwtter at the post of,'ice in Vmples, in said CALier cousity, Florida, for a Farm' of a y +r =ar nex prtc :Air;c the first pub:icaci.,n of the -+t- cached copy of adver;si7ement; and affiant j rthee• s&ys that she has neither, paid .tor prom`.sed any persol!, firm or corprration any disrount, rebai.e, c.ommissic• 1 or ^efun� for the p.a§ v:ad of secui ,n) chis• advert'7sem.rrt for p�l•l. ct:an in 'he said ntwepap.r. Pum -ISNn ov: 01128 Fl) ' PACF, 53.=) INC f FILED 6N: iil)12P/02 Signaiu. -? oY 3,f1'iant w— Sworn to and b Pe €•sc natLy known by ray: �, � Donna Chesney My Commission DD05633e � aCip Expires September 11, 2005 - '-,O Qa 16 11 ft D C+u Coastal Advisory Committee Workshop February 1, 2002 The following members were present: Gary Galleberg, Bill Kroeschell, David Roellig, John Strapponi, Tony Pires, Jim Snediker, Ashley Lupo, Bob Stakich The following items were discussed: Relevant Florida Statutes, and Collier County Ordinances F.S. 125.0104 and Collier County Ordinance 2001 -31 Other coastal issues (these other issues may not be eligible for TDC funding) Cocohatchee and Palm River, Gordon River (Golden Gate Canal), Rock Creek, Haldeman Creek, Henderson Creek, Goodland Canals Overview of Inlet Management Plans / Environmental Permits / Easements Wiggins Pass (& Water Turkey Bay) Dredge 42,000 CY every other year Army 198701080 (& 199702755) FDEP 0142538 - 001 -JC (& 113038195) Clam Pass (PBSD / Ken Humiston) Dredge every other year Doctors Pass (City of Naples / Jon Staiger) Dredge every other year Gordon Pass (City of Naples / Jon Staiger) Big Marco / Capri Pass Replace sand bag T- groins with `permanent' structure Dredge 100,000 CY along north side of Big Marco Pass Caxambas Pass Bypass small sand quantities frequently — 15,900 CY per year (depending on breakwater performance) Caxambas: "a hole dug in the shore for drinking water" Beach Renourishment / Maintenance Permits Countywide / Marco Island — plans for Naples March through April (rocks / sand web) - plans for tilling Park Shore and majority of Marco Island incl. Hideaway - Park Shore next Beach Raking Sea Turtle Monitoring Odds & Ends City of Marco Island budget input Vero Beach artificial reef Naples [,,aiLy News Naples, FL 34102 Affidavit of ;%ubLication Naples DaiLy News PU3L:.0 UTILITIES ENGINEERING 3301 TAMILMI TRL BLDG h NAPt,rS Fl. 34112 REFERS: .E: 0594U5 #204"07 58400723 NOTICE 0" ?UBLIC MEE- State of FLori& County of CaLLier Before the undersigned authority, personally i appeared B. Lamb. who on oath says at she s2rves as the As.3istant corporate Secretary of the Naples Daity News, a daily ne,npaper puWshed at NapLne,i I in Co'Lier County, Florida: that the attached cops! of advertisfirg was published in said newspaper oo dates Listed. Afflz)r4t further says that the said Naples DaiLy News iz a newspaper pubLisho!d at Naples, in said Collier tounty, FLo•ida, and that the said rie-Isf.)aper ha- heretofore been continuously pubLi-N-1 in said CcMer County, FLori.�a, each day and has be -1 entered as second class mail matter at the post office, in NopLes, in said Looker ouid.y, FO; ida, Yor a period of 1 year next prece-fling the -First pubiicatit:n of the, .ttachan4 copy ol advertisement; ar.d affitv,t further .4ay, -i.h-a-c site has neither p,,.id nor prum;sed ai•Y person, firm e)r corporation any disco -,n °, rebate, commission (-.- refund for the p?:rpse of securing th4s advertir-Iment for pub lictfor i-: the s"id rjewapaper. PUBLISHED ON' 02,19 AD SPACE: 53.VOO INCH 'ILE!) ON: 02/-9/02 Signature ,.l Alf &nt ._.-- -• -••- -- -�. -- -• - -- fir.___., _.._..__� _..___� - .__..._......__ sworn to m.nd Subacribed tl OQ- 7 s Pers:x ,Lly known; by ;1-e ,OWN W Donna Chgy c!( Z MY Commission DD058336 or Expires September 11, 2DO5 Coastal Advisory Committee Workshop February 22, 2002 The following members were present: Gary Galleberg, David Roellig, John Strapponi, Jim Snediker, Bob Stakich The following items were discussed: Current Projects (see Project Status Report) Fixed -Term Contracts Coastal Zone Management (Coastal Planning & Engineering, Humiston & Moore, Taylor Engineering) Sand Production (Jahna, Big Island) Transport, Placing & Grading Beach Sand (D.N. Higgins, Phillips & Jordan, Soil Tech) Beach Maintenance Activities (Lightner Contracting) Beach Rake Purchase (BARBER SURF RAKE - Barber & Sons) Upland Sand Quality FDEP Rule 62B -41 Law Engineering Report of January 15, 2002 Big Island Quality Control Plan and testing data of February 15, 2002 FL Beach Erosion Control Program FDEP Beach Erosion Control Program Overview - Guidelines - Long Range Budget Plan (aerial photographs) - Strategic Beach Management Plan FDEP Project Agreement (percentages eligible) Potential New Projects Stormwater drains Sand web system Goodland Odds & Ends Rock Removal Plan Wiggins Pass Monitoring Report City of Marco Island budget input NepLes Daily News N•aptes, "l. 34102 Affidavit of Publication "Pl.es Daily News t PUBLIC UTILITIES C%INEERY'sG 3301 TAMIAMI TRL E BLDG h NAPLES FL 34112 REFEPEMCE: 055405 ;30410,' 5b40-i5'5d NOTICE OF PUBLIC NEE State c,f Florida County of Collier Before t'.,_ undef,s4ned authority, personally appmaret: Angela Bryent, who xi oath <5ays that she serV-is a,Q AE! ;istant Secretary or the Naples Daily News, a daitp newspaper pub'Ashed at Naples, in Collier County, FLUrida: that the attaches; copy o1 advertising was puutished in se,id newspaper on dates Listed. Aff•iant further, says that the said Naples Daily News ?s a newspaper pubtished at Naples, in said CotLier :QuWy, Florida, ar.-3 that the said newspaper ha; h•eret:)fore been cor:tinuousi.y publisher: in said Co'',-er County, Florida, each day ai-rd nas open enterv,d as second class mail matter at the p -st oflice in Naples, in said Cilll:.:r County, Florida, for a period of 1 year next precedi;tg ! :he first publication of Che atteched copy of adverxiseren-c; and af•fiant furthn.- cAys that she has neither paid not, p- cmised any psrson, firm or norpurrit;on any dis astir'. ret& .e, or ref-.Ind icr thy: purpose of securing th':s advertisement for publictior: in the said newspaper. PUBI_? S4ED 'IN: 0226 AU SilhCE 49. " 30 11'Cii F7L ?'P ON: C2"26!'02 cit�r5,Tv f Atfir,nt _- L Sworn .:r Gild a:;usri,ibed b- PersonaLty k,,own by me n ,►� +'r� Donna Chesney y MY Commission DD058336 11.1 P110 Expires September 11, 2005 Aarc% I, aoo Coastal Advisory Committee Workshop March 1, 2002 The following members were present: Gary Galleberg, Bill Kroeschell, David Roellig, John Strapponi, Tony Pires, Jim Snediker, Ashley Lupo, Bob Stakich The following items were discussed: Draft TDC Grant Applications PROJECT #, DESCRIPTION AMOUNT 90001, Wiggins Pass Monitoringt $27,000 90002, Clam Pass Monitoring- $10,000 90003, Doctors Pass Monitoring' $10,000 90004, County -Wide Beach Monitoringt $140,000 90005, South Gordon Drive T -Groin Monitoring and Maintenancet $96,954 90278, Sand Jetty Tightening (additional funds) j-* $80,083 90006, Hideaway Beach and T -Groin Monitoringt $100,000 90007, Tigertail Lagoon Projectiont $20,000 90008, Marco Island Beach Monitoringt $22,000 90009, Marco Island Segmented Breakwater Monitoringt $20,000 90017, Caxambas Pass Monitoringt $20,000 90010, Annual Beach Renourishmentt $1,000,000 90011, Annual Dune / Structure Maintenances $300,000 90012, Beach Cleaning Operationst $245,000 90013, Sea Turtle Monitoring and Beach Studiest $142,000 90527, County -Wide Sand Search j-* $600,000 90528, Beach Emergency Response Plan'* $25,000 90270, Lake Trafford Restoration ** $1,000,000 90088, Tigertail Park Restroom Facilities (additonal funds) $* $70,000 90016, Bayview Pedestrian Beach Access Improvements) $125,500 90014, Tigertail Walkway Designt $200,000 90015, Tigertail Beach Entrance$ $150,000 Project Management & Misc. Fees- $450,000 TOTAL $4,853,537 * $775,083 as budget amendments in FY02 ** Lake Trafford Restoration was approved for $2,000,000 on November 17, 1998 but the agreement with South Florida Water Management District was not executed until July 31, 2001 and calls for $500,000 both in FY02 and FY04, and $1,000,000 in FY03 Draft 10 -Year Plan Fiala ___ ' AGENDA Halas ___7i1z7 Paiza 1 of 1 Henning- Coyle __Z_ 1611 Martinson Kathleen colet#a �--- From: wright m Sent: Wednesday, March 05, 2003 12:25 PM To: merrittJ; Martinson Kathleen; Maureen K. Kenyon; Minutes and Records Subject: March 2003 Agenda - CORRECTED AGENDA AGENDA COLLIER COUNTY CONTRACTORS' LICENSING BOARD DATE: TUESDAY MARCH 18, 2003 TIME: 9:00 A.M. W. HARMON TURNER BUILDING (ADMINISTRATION BUILDING) COURTHOUSE COMPLEX ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THAT TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. I. ROLL CALL II. ADDITIONS OR DELETIONS: III. APPROVAL OF AGENDA: IV. APPROVAL OF MINUTES: DATE: January 15, 2003 V. DISCUSSION: VI. NEW BUSINESS: Jacob L. Mudge — Request to qualify a 2nd entity. Approval of new form for Finding of Fact on applications submitted to Board for review. VII. OLD BUSINESS: Daniel Malinowski — 4th review of credit report for Paving license. VIII PUBLIC HEARINGS: Case #2003 -01 Collier County vs. Kyle Wilson D /B /A Dock Masters IX. REPORTS: X. NEXT MEETING DATE 3/5/2003 Wednesday —April 16, 2003 I 10LI 03/06/2003 08:57 7748301 Flele Bolas Henning Coyle Dd bffie-r C o u In PUB INFO Government Communication and Customer Relations Contact: Lavah Hetzel, Specialist 3301 East Tamiami Trail Communication and Customer Naples, FL, 34112 Relations 239. 774 -8999 774.8373 March 6, 2003 FOR IMMEDIA'T'E RELEASE BAYSHORE /GATEWAY TRIANGLE LOCAL REDEVELOPMENT ADVISOR' Y BOARD REGULAR MEETING Wednesd2y, March 12, 6 p.ni. Community Development & Environmental Services 2800 .North Horseshoe Dr. Conference Room E Agenda L Roll Call 2. Adoption of Agenda 3. Minutes 4. Announcements Hand -Out 5. Old Business OR a.. Update on Phase H o,f, Bayshore Drive Mixed Use Zoning Overlay b. Selection Committee Update for the Comprehensive ,Zoning Overlay Plan. c. Executive Director Organizational Structure d. Open Forum: Development Activity within the CRA District 6. New Business' e. Corrtes: a. CRA Board Meeting on March 19, 2003 Date: /() b. Review of Site Improvement Grant Applications c_ Review of Application(s) for Vacant Advisory Board Seat 7. Citizen. Comments Copies To- g. Set Next Meeting Date (Tentatively Scheduled for April 2, 2403) 9. Adjournment ,r >s Note. All meetings are publicly noticed in the W, Harmon Turner Building (Administration Building F.) and on the CRA wcbsite. Please call Thomas Tomerlin, Princlpal planner, at (239) 659 -5752 if you have any questions about the meeting. In accordance with the Americans wills Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Thomas Tomerlin at least 48 hours prior to the meeting, Fiala Halas Henning ` Coyle l" 1!0 Radio iwla Dea i i n M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 March 18, 2003 AGENDA L CALL MEETING TO ORDER: IL ATTENDANCE: 16 11 III. APPROVAL OF MINUTES: February 18, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget Report V. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report VL COMMITTEE MEMBERS REPORT: VIL OLD BUSINESS: A. Code Enforcement Update VIII. NEW BUSINESS: A. New Plantings (Plans) IX. PUBLIC COMMENTS: X. ADJOURNMENT: The next meeting will be held at 4:30 pm,_Tuesday, April 15, 2003 Collier County Dept. of Transportation Road Maintenance Office 2685 South Horseshoe, Suite 212, 4 Naples, FL 34104 I 151' Radio Road Beautification M.S.T.U. Advisory Committee rL 2705 Horseshoe Drive South Naples FL 34104 February 18, 2003 L Crystal Kinzel called the meeting to order at 4:30 PM. IL ATTENDANCE: Members: Crystal Kinzel, Dale Lewis, Susan Sawn, Helen Carella, Bill Jaeger County: Bob Petersen, Val Prince Others: Brent Bixby - Commercial Land Maintenance, Sue Chapin - Manpower Services III. APPROVAL OF MINUTES: Helen corrected the name of the perennial discussed last month as being "Yesterday, Today, Tomorrow ". Helen moved to approve the January 21, 2003 minutes with that correction. Dale Seconded. Carried Unanimously 5 -0. IV. TRANSPORTATION SERVICES REPORT: A. Budget Report — Val handed out the budget. It was noted funds need to be moved to accommodate the separate line item for Devonshire. It will be for the maintenance, irrigation expenses and plant materials. Commercial Land Maintenance is approx. $2,000 - 2,500 /mo for services. If it is not needed, it will not be spent. It will be done on a separate spread sheet. They are using the existing service for water into Devonshire. Bob & Val suggest moving $45,000 to cover everything until the end of the year. Bill Jaeger moved to transfer $45,000 out of "Reserves for Future Construction & Improvements" into "Other Contractual Services". Seconded by Crystal Kinzel. Carried unanimously 5 -0. 1. Overhead Costs — Crystal informed the Committee the overhead costs ($25,000) results are as follows: They took the five people assigned to work on MSTU's, salaries, benefits and other associated costs, divided them by the eight MSTU's equally. It is still at $25,000 even though she had heard it may be reduced to $20,000. There may be a change in the future but will be based on the same methodology. 2. Investment Interest Rate — average rate is 2 -2 '/, %. V. LANDSCAPE MAINTENANCE REPORT: A. Monthly Report — Brent gave his report: - Mulch is done - 3 Ribbon Palms are in - Was a mainline break — was repaired recently — Bob will check with Robert on the maintenance issue. VL COMMITTEE MEMBERS REPORT, None VII. OLD BUSINESS: A. Code Enforcement Update — Bob Petersen read an e -mail to the ComnAIiWAoq*M the issues in Berkshire Commons and the removal of exotics on the Devonshire corridor from Code Enforcement. (attached) Crystal asked if they had looked aarea. Bob will meet with Code Enforcement in the area and get more information. Item# commercial development is required to get rid of the exotics. When removed it will not leave any landscaping or greenery along that area. The residents will be very upset. Crystal is very frustrated with the idea that instead of beautification they have made the area worse by removing all the greenery. Bob suggested the MSTU may want to plant trees on their right -of -way and invoice the County for the area on the Devonshire Corridor. VIII. NEW BUSINESS: IX. - Bob wanted to let the Committee know they are now under Diane Flagg. They will be in the office next door. Helen wanted the committee to know the junk yard has cars lined all along the sidewalk. At the next meeting Commercial Land Maintenance will bring pictures and suggestions for the members to pick out plants for the medians (sample plantings and colors). The members are to bring their copies of Radio Road plans with them. X. PUBLIC COMMENTS: None XL Being no further business to come before the Committee Dale Lewis moved to adjourn. Seconded by Sue Saum. It was adjourned at 5:10 PM. 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Q 'Z�Z raE1 1 111 'Subi: FW: Barhshir* Commons landscape .n I u-- enance Date: ?120"0031:20:15 PM Eastern Standard Time iFrom: BobPetersen cotaeraov.net ITo: SCHAPIN439bao1 aom Suet flnm Ore irdernst > --- -Original Message --- > From: mason .-P > Sent: Wednesday, February 05, 2003 8:23 AM • To: Petersen-0 • Cc. amoid m; crowleY m • Subjwt Berkshire Commons landscape maintenance > Bob, > Here's a summary of our telephone conversation about the landscape buffer > on Berkshire Commons along Devonshire Blvd. • Concerning ning the 2 Berkshire Commons, Inc. parcels, the irrigation has been • repaired, dead shrubs and garbage had been removed and the shrubs • replaced. Prohibited exotics including earleaf scads and Brazilian • pepper have been removed. The responsible party for the property owner • stated they understand their maintenance requirements. No additions to > the existing buff+'sr uses is required by Code. The remaining mahogany and • slash pine trees on albs provide an adequate number of trees for this • area. With the removal of the competing acacia trees, I expect the • mahogany trees to flourish. Also the mahogany tress will be flushing out > with new spring growth shortly. Now that the landscape trees aren't > competing for sunlight and room, the trees on the south side of the road > should spread and grow Ike those on the north aide. • RepardhV the Regency parcel (developed parceQ, they originally requested • an extension to Jan. 2003 for their maintenance including removal of > exotica. Recent conversations with the responsible person blamed slow • release of money has provsntsd them from con"ft with their original • timeline. I am continuing to monitor this location and without > substantial progress in the near future, they wilt be forwarded to CEO for > en orcernent. During prior conversations, Regency personnel stated they • would be adding WKWmpe trees to the buffer after removal of the scads • tress. This will also be voluntary. > Hope this arrwers your questions and concerns. Please check with me a few > days ahead of your MOTU meeting to see If I can attend. • Thanks, • Susan Maser > Environmental Specialist > Collier County Code Enforoement Thursday, Febnuuy 20, 2003 America Online: SCHAPIN43 if ►1 Radio Road Beautification M.S.T.U. Advisory Committee 2705 Horseshoe Drive South Naples FL 34104 Minutes of February 18, 2003 SUMMARY OF RECOMMENDATIONS & MOTIONS III. Approval of Minutes: Helen corrected the name of the perennial discussed last month as being "Yesterday, Today, Tomorrow ". Helen moved to approve the January 21, 2003 minutes with that correction. Dale Seconded. Carried Unanimously 5-0. IV. Transportation Services Report. It was noted funds need to be moved to accommodate the separate line item for Devonshire. Bill Jaeger moved to transfer $45,000 out of "Reserves for Future Construction & Improvements" into "Other Contractual Services ". Seconded by Crystal Kinzel. Carried unanimously 5-0. VII. Old Business: Crystal is still very upset over the removal of Exotics on Devonshire Corridor with no replanting. Bob Petersen will address the issue with Code Enforcement. 61 IMN KALLL BEAUTIFICATION M.S.T.U. ADVISORY COMMITTEE MITTEE NOTES FOR FEBRUARY 19, 2003 I. Meeting was called to order at 4:08 PM. II. ATTENDANCE: Fiala Halas Henning Coyle Coletta Members: Rita Avalos, Dorcus Howard (Excused), Cheryl Thomas (Excused) arrived at 4:29 PM. Collier County: Evelyn Claudio -Code Enforcement, Bob Petersen - Alternative Transportation Modes, Val Prince - Alternative Transportation Modes, Others: Sharon Tims, Brent Bixby - Commercial Land Maintenance, Sue Chapin - Manpower Services There was no quorum. III. APPROVAL OF MINUTES: November 20, 2002 - no quorum IV. TRANSPORTATION SERVICES REPORT: A. Budget - Still having computer problems, but not many changes in the budget this past month. The Triangle is about 70% finished. Plant material will go in, in the next few weeks with completion end of March. They did remove the road base discussed at the last meeting which cost approx. $40,000. Four light poles were rejected due to not fitting together properly. Sign Company is getting estimates on a new sign. Bob mentioned the Committee will have to vote for a member to the Committee when they have a quorum. Sharon Tims submitted her name to remain on the Committee. (Attached) There is still one vacancy. V. TRANSPORTATION MAINTENANCE REPORT: Mike McGee Mike could not attend so Val passed' out the quarterly report from McGee,& Associates. (Attached) tXlorl, - Pressure cleaning sidewalks - Sweeping more frequently � - Plant Beds - weed free II 1t Le l On, - Benches - need all new webbing - waiting for frames VI. LANDSCAPE ARCHITECHTS REPORT: Brent gave his report: - Lights all on - replaced new switch - will be separate switches- one for the silver lights one for the blue lights. Transportation paying for the Silver lights - $13- 15,000. - lost more poles VII. OLD BUSINESS: A. Immokalee Triangle Update - Irrigation system functioning. B. Ribbon Cutting Ceremony - Final completion is end of March. They will set an exact date for early April at next months meeting. C. Sunshine Law Workshop - Bob requested they do a workshop in Immokalee and will see if they can schedule one with some of the other Committees. VIII. NEW BUSINESS: - Rita had concerns about people sitting on the planters, bicycles, and trash in the greenery near the southwest corner of 2nd street. A complaint needs to be filed. - Evelyn Claudio (Code Enforcement) will check on a very high fence on the corner of 2 "d street. - Evelyn will also check on cars parked on the sidewalks (29 A Lake Trafford Road) being in the right -of -way. IX. PUBLIC COMMENT - none Cherryl Thomas arrived at 4:29 PM. - It was the consensus of the Committee to have Sharon Tims back on the Board. She can be voted on when a quorum is established. - It was discussed of expanding the boundaries of the MSTU. The Community is growing and many are benefiting from the tax dollars of the smaller boundaries. Many do not mind being included in the present MSTU and /or expanding it. - Bob Petersen will do a Request for Legal Services to the Attorneys Office and report back at the next meeting on the legality. Fred Thomas - Chairman of the Community Redevelopment Advisory Council for Immokalee - addressed questions that were asked at his last 2 1611 meeting. He addressed the blue lights down Main Street and the balance that will be put in the Industrial area of Immokalee. He is afraid the lights will be in the way of many trucks that come into the area if put into the Industrial area. He is suggesting putting in basic lights instead and putting the blue ones somewhere else. Bob Petersen will check into what the grant says about the lights, whether it can be switched or not and put in a different area. Bob also mentioned there are Cobra lights already in the Industrial area. He will have to check with the State to see if they can be moved. Mr. Thomas is suggesting going to Lake Trafford with the blue lights instead. Bob stated the MSTU may be able to afford putting the blue lights in another area or apply for another Grant. Mr. Thomas discussed the MSTU boundaries being consistent with the Water -Sewer boundaries. Discussion followed on housing being built in Immokalee and another member for the Committee. Meeting ended at 5:00 PM. The next meeting will be held on Wednesday, March 19, 2003, at 4:00 pm. At the Immokalee Community Park 321 First Street South Immokalee, FL k 161 IMMOKALEE BEAUTIFICATION M.S.T.U. <XI)VISORY ('0M I T'TEE AGENDA March 19, 2003 I. CALL MEETING TO ORDER H. ATTENDANCE III. APPROVAL OF MINUTES: November 20, 2003 IV. TRANSPORTATION SERVICES REPORT: A. Budget V. TRANSPORTATION MAINTENANCE REPORT: CLM VI. LANDSCAPE ARCHITECTS REPORT: Mike McGee VII. OLD BUSINESS: A. Immokalee Triangle Update B. Ribbon Cutting Ceremony C. Sunshine Law Workshop D. Extending MSTU Boundary E. Fence F. Cars parked on Sidewalks G. Vote for New Member /s VIII. NEW BUSINESS IX. PUBLIC COMMENT X. ADJOURNMENT The next meeting is scheduled for 4:00 PM, Wednesday, March 19, 2003 At the Immokolee Community Park 321 First Street South, MEMORANDUM 1611 V DATE: February 10, 2003 TO: Bob Petersen, Landscape Engineer II Transportation Department FROM: Sue Filson, Executive Manager Board of County Commission RE: Immokalee Beautification Advisory Committee As you know, we currently have vacancies on the above- referenced advisory committee. A press release was issued requesting citizens interested in serving on this committee to submit a resume for consideration. I have attached the resumes received for your review as follows: Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time -frame, and I will prepare an executive summary for the Board's consideration. Please categorize the applicants in areas of expertise. If you have any questions, please call me at 774 -8097. Thank you for your attention to this matter. SF Att#chments Sharon K. Tims 202 Eustis Avenue Immokalee, FL 34142 E -mail timssh(cr�,collier.kl2.fl.us To Whom It May Concern: RE: MSTU Committee It has been a pleasure to serve on the MSTU committee. I'm presently the chairman of the board for the Immokalee area. Mr. Petersen has directed me that I need to express my interest of remaining a member of MSTU committee. I would like to thank you in advance for your consideration. If you need any other information you may contact me at the above E -mail address or call me at (239) 867 -3100. Sincerely yours, Sharon Tims MEMORANDUM: Date: To: From: Copy: 7&06C &.Ad&Va&a Landscape Architecture February 17�h, 2003 Mr. Val Prince, Contract Manager Alternate Transportation Modes Collier County Transportation Department Michael A. McGee, r.l.a., President, McGee & Associates, LC 098 M.S.T.U. Beautification Landscape Consultant Mr. Robert Kindelan, President Commercial Land Maintenance, Inc. Maintenance Contractor Signature Date: Subject: Immokalee M.S.T.U. Beautification District Quarterly Maintenance Observation Report ME On -site observations were performed during 11/02, 12/02 and 01/03 of the project areas (C.R. 846 - Phase one, S.R. 29/West Main St. - Phase two, S.R. 29 /East Main St. - Phase three) with the following conditions being observed. Condition of the project areas being maintained are considered to be in accordance to the contract specifications unless otherwise noted below. These observations and comments are not intended to be all- inclusive and any items or service item not addressed does not constitute approval or acceptance of services. The contractor shall check off listed items as they are addressed or completed as soon as possible, then sign, date and return this report to the consultant prior to the next quarterly report. General Conditions: (See specific areas list for detailed information.) Canopy Trees, Palms and Tree Grate Locations: 1. Multiple tree grates on CR 846 are not flush with the adjacent sidewalk by more than 1/4 inch above creating potential trip hazards. Any time a tree grate is found to be broken or unleveled and is causing a potential trip hazard for pedestrian it must be replaced as soon as possible. Until a replacement is installed a warning /protective barrier must be installed over the area. 2. Review Oak tree bracing to make sure it is not damaging trunks. 3. Prune the Oak trees to remove the tips or ends of the lower branches that are beyond the curbing. Do not remove the entire branch. 4. Spray all Crape myrtle with Neem oil and Orthene. Palms: The Cabbage palms in the medians appear to be in generally good health. The Foxtail palms along SR 29 are showing signs of nutrient deficiencies, which may be related to the crush shell mulch and its amount of compaction. It is recommended that all palms with shell mulch have the fertilizer applied by using a 2° dia. auger to drill 8 holes 8 inches deep at the edge of the tree grate openings. The hole locations shall be one at each comer and one in the middle of each side of the tree grate opening. Once the holes are drilled and the debris removed each hole shall be filled with 17 -5 -11 analysis fertilizer. Design * Environmental Management * Planning * Arborist 5079 Tamiami Trail East / P. O. Box 8052 Naples, Florida 34101 Phone (239) 417 -0707 * Fax (239) 417 -0708 LC 098 * FL 1023A Page 2, 02/17/03 V Immokalee Beautification M.S.T.U. Quarterly Observation Report 1611 Shrubs: 1. The shrubs overall are in generally good health, except for the areas that have been damaged by pedestrian traffic. 2. All shrubs within medians or limits of clear sight areas need to be continuously reviewed for pruning for visibility purposes. Ornamental Grasses / Ground Covers: 1. In general most of the ground covers and ornamental grasses are in good condition, except are along West Main St. In the medians the Juniper and dwarf Fakahatchee grass need to have damaged or missing plants replaced. 2. The Beach Sunflower is scheduled to be removed with the installation of the additional brick paving areas. Turf: 1. The turf areas within the phases are being mowed and edged per the specifications. Mulch: 1. All areas have been re- mulched. Watering / Irrigation Systems: 1. No dry areas were observed. 2. Contractor needs to review all irrigation system components with each site service. Brick Paving: 1. Several medians have brick damage, (see specific areas listed for locations and amounts). Trash Pickup & Containers: 1. The Contractor generally is keeping up with the trash pickup per the specifications. 2. Trash containers need to be kept in the assigned locations, which would be at the back edge of the sidewalks. Contractor needs to review and reset containers with each site visit. Banners: 1. Annual banners have been installed at this time. A couple of banners are missing and many need to be reviewed to see if they can be tightened up. Bike Racks: 1. All bike racks are in good condition. Bulbout Benches: 1. All benches have new seating ribs. Two benches are missing (see specific areas listed for locations). Street Sweeping /Cleaning 1. Contractor is keeping up with the sand removal. Lightinq: C.R. 846, Phase One 1. The median accent lights visually appear to be in good condition, except for the damaged poles. SR 29, Phase Two 1. Generally the streetlights and pedestrian accent lights appear to be in good condition, except for the damaged or leaning lights. There is a problem with the electric service feed point and the photocell controller operating the lights on SR 29. It is our recommendation to install a new electric service feed point adjacent to the MSTU's existing electric service feed point on the north side of the Sheriff Departments property on CR 846. The service should also be designed and installed with the future Phase III project expansion in mind. This location will make it easier and less expensive to connect and operate the Phase III to the entire system. From this location all lights on SR 29; the median lights on CR 846 and the future phase III lights will be at one location and have the proper electric service feeds. rev Page 3, 02/17/03 Immokalee Beautification M.S.T.U. Quarterly Observation Report Specific Areas: C.R. 846 Phase One - East R/W Areas: ❑ Review and adjust all Foxtail palms for proper alignment and watering. C.R. 846 Phase One West R/W Areas ❑ Curb and gutter retums on side streets need to be reviewed and cleaned. ❑ North end of median #5 Holly tree missing and tree grate is broken and needs to be removed as soon as possible and a temporary wood plate needs to be installed until new grate can be installed. Adjacent to middle and south end of median #5 three Holly trees are missing. ❑ The tree grate on the west r/w adjacent median # 7 or the first one south of SR 29 must be reset and made flush with the surrounding concrete sidewalk. Foxtail palm has been extremely water stressed. ❑ The tree grate along the west r/w at the north end of median #4 is broken and raised creating a trip hazard and must be replaced as soon as possible. A temporary-wood plate needs to be installed until new grate can be installed. ❑ Sod area at the end of curbing along the edge of pavement adjacent to the north ends of median # 1 needs to be regraded and re- sodded to correct the drainage problem. ❑ A piece of curbing at the linear ramp on the northwest corner of the intersection of C.R. 846 & Colorado Ave. is broken and is a potential trip and bike hazard to pedestrians. Sian Area ❑ Sign brick support cap brick on west side needs to be re -set. ❑ Sign needs to be cleaned and repainted. ❑ Trim Ligustrum tree branches off top of Welcome sign. Median #26 ❑ Brick damage on south and north end. ❑ Remove damaged foliage and spray lilies for leaf spot fungus. ❑ Light pole 1 B on north end is damaged and needs to be replaced. Median #25 ❑ South and north ends need Juniper added; ❑ Brick damage, on south end and west side north end. ❑ Light pole 2A on north end is damaged and needs to be replaced. ❑ Selectively prune all Crape myrtle, Cattley Guava and Ilex trees back within the curbing. Median #24 ❑ Brick damage south end and on north end. ❑ Review irrigation along west side of median possible leak. Median #23 ❑ Brick damage south end and on west side north end. ❑ Replace Juniper pedestrian damage. ❑ Light pole 5A lower banner arm broken; remove banner until arm is replaced; Median #22 ❑ Brick damage on the south end and on the west side north end. ❑ Juniper need to be replaced due to pedestrian damage. ❑ Fill in dwarf Fakahatchee grass. ❑ Fertilize booted Cabbage palm that has dwarfed foliage and review for insects; Median #21 ❑ Brick damage, south end. ❑ Fill in Fountain grass and Liriope. Median #20 ❑ Brick damage south end and on north end. Page 4, 02/17/03 -1W Immokalee Beautification M.S.T.U. 1611 Quarterly Observation Report S.R. 29, Phase Two General 1. Brick paving in multiple median noses has been damaged by vehicular traffic or is collapsing inward and needs to be fixed. It is recommended and directed by the Advisory Committee to have the paver areas in the noses of the medians with the center planting areas be removed and the entire area paved solid like the first ten feet of the median noses. 2. All pedestrian sidewalk ramps need to have the dirt removed and the ramps cleaned. 3. All brick areas need to be reviewed for settlement and sand added where needed to fill joints. 4. Valve cover box lids in paver areas need to have the covers repainted brown. 5. It is recommended that with each replacement of a Foxtail palm that the crushed shell be removed and replaced with quarter inch dia. fossil rock. Fossil rock shall be installed and settled until flush with surrounding concrete paving. Foxtail Palms: Missing or damaged palm locations ❑ 3 r palm west of bulbout #2 is missing; ❑ 2"d palm east of bulbout #3 is missing; S.R. 29 North R/W Areas ❑ Sand brick paving, treat for weeds and review areas of sunken bricks for repair. Bulbout #12 ❑ No problems observed; Bulbout #13 ❑ No problems observed; Bulbout #14 ❑ Raised east planter damaged. Bulbout #15 ❑ No problems observed; Bulbout #16 ❑ No problem observed; Bulbout #17 ❑ No problem observed; Bulbout #18 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; ❑ Benches missing; ❑ Memorial stone base missing; Bulbout #19 ❑ Raised east planter coping damaged. Bulbout #20 ❑ No problem observed; Bulbout #21 ❑ Second Foxtail west brick area has settlement problem and missing bricks; Bulbout #22 ❑ Brick settlement at electric box on east side of bulbout. Bulbout #23 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; Bulbout #24 O Remove Juniper in raised planters and replant with Trailing Lantana; S.R. 29 South R/W Areas ❑ More permanent and decorative bollards need to be installed around the backflow location. LM Page 5, 02/17/03 Immokalee Beautification M.S.T.U. Quarterly Observation Report Bulbout #1 ❑ No problem observed; Bulbout #2 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; ❑ Raised planter coping damaged west planter; Bulbout #3 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; Bulbout #4 ❑ Clean up private property area adjacent to blubout and keep clean under contract. Bulbout #5 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; Bulbout #6 ❑ No problem observed; Bulbout #7 ❑ No problem observed; Bulbout #8 ❑ Raised planter coping damaged west planter; Bulbout #9 ❑ Raised planter coping damaged west planter; Bulbout #10 ❑ Remove Juniper in raised planters and replant with Trailing Lantana; Bulbout #11 ❑ No problem observed; SR 29 & New Market Rd. Welcome Sian 1. Site presently under construction and will be reviewed during the next quarterly report. General Comment for Medians: 1. The mortar support edge along the brick paving on the ends of the medians has given away and the bricks have settled. The damage in our opinion is not pedestrian or vehicular related, but due to settlement from improper installation of limestone sub -base and /or mortar edging. The original installation Contractor Hannula Landscaping, Inc. needs to be informed and requested to make the repairs or some form of restitution. Medians # 1 ❑ Refer to note #1 under S.R. 29 "General" section; ❑ Replace missing Juniper on west end. Medians # 2 ❑ Light pole 2B missing; ❑ Refer to note #1 under S.R. 29 "General" section; Medians # 3 ❑ Refer to note #1 under S.R. 29 "General" section; ❑ Fill in Juniper; ❑ Light 3B banner missing; Medians # 4 ❑ Refer to note #1 under S.R. 29 "General" section; ❑ Replant areas of missing - Juniper or replant with dwarf Ixora; Medians # 5 ❑ Replace dead dwarf Fakahatchee grasses; ❑ Refer to note #1 under S.R. 29 "General" section; Median # 6 ❑ Refer to note #1 under S.R. 29 "General" section; 13 Replant areas of missing Juniper and dwarf Bougainvillea; Page 6, 02117/03 Immokalee Beautification M.S.T.U. Quarterly Observation Report Median # 7 ❑ Add 3 gal. Juniper between existing plants. ❑ Refer to note #1 under S.R. 29 `General" section; Median # 8 • Add 3 gal. Juniper between existing plants. • Refer to note #1 under S.R. 29 "General" section; S.R. 29, Phase Three 1. There were no major problems observed and the area is being maintained per the specifications. ❑ Prune all tree branches to a 10 foot height over any sidewalks; General Proiect Area Recommendations and Comments: 1. Contractor needs to submit monthly report sheets. 2. The sand and dirt problem on West Main St. appears to be greatly improved. 3. Contractor is generally performing to the contract maintenance specifications. Previous Comments: 1. All areas in the median within Phase one where pedestrian have created pathways through the plant materials needs to be replanted and if necessary signs installed to alert the public that mid -block crossing through the medians is not permitted and is unsafe. 2. There are multiple locations along all the sidewalks within all phases that the sidewalk is not flush with adjacent pieces and are creating potential trip hazards for the pedestrians. These locations should be corrected as soon as possible and barricades installed warning of problems until fixed. 3. Within Phase two in order to help stop the dirt run off into the street and gutters from the intersecting or side streets need to have the dirt right -of -way areas re- graded to the proper elevation and grassed. It is further recommended that any businesses without proper driveway access ramps be required to install them in order to help with the dirt build up accumulating in the streets. cc: Mr. Bob Petersen, Collier County Transportation Department =iala -lalas lenning ;eyle ole LIER COUNTY AIRPORT AUTHORITY AGENDA DATE: March 10, 2003 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: 1:00pm Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. I. Call meeting to Order and Quorum Check II. Approval of Agenda III. Consent Agenda A. Minutes of February 10, 2003 B. Monthly Financial, January 2003 Statement C. EDC Agreement D. Change Order No. 3 Florida State Underground IV. Administrative A. Status Update — Immokalee Incubator Phase II Facility B. Immokalee Bulk Storage Hangar Lease C. November 2002 Financial Statements D. Annual Report V. Old Business VI. New Business VII. Adjournment misc. Corres: Date: A&!�— Itef'rN I Le T- U €es To: 6 4 COLLIER COUNTY AIRPORT AUTHORITY AGENDA DATE: March 10, 2003 PLACE: Marco Island Executive Airport, 2003 Mainsail Drive, Conference Room, Naples, FL TIME: I :00pm I. II. III Any person who decides to appeal a decision of this Airport Authority will need a record of the proceedings pertaining thereto and will need to ensure that a verbatim record of the proceedings is made, which record will include all testimony and evidence upon which the appeal is to be based. Call meeting to Order and Quorum Check Approval of Agenda Consent Agenda A. Minutes of February 10, 2003 B. Monthly Financial, January 2003 Statement C. EDC Agreement D. Change Order No. 3 Florida State Underground IV. Administrative A. Status Update — Immokalee Incubator Phase II Facility B. Immokalee Bulk Storage Hangar Lease C. November 2002 Financial Statements D. Annual Report V. Old Business VI. New Business VII. Adjournment 1b�IJU. Li��T19�`J. 9 IleaT ;# i t.Pr- � i y c To: Fiala Halas Henning Coyle Coletta COLLIER COUNTY AIRPORT AUTHORITY MINUTES OF FEBRUARY 10, 2002 MEMBERS Monte Lazarus Bill West Robin Doyle PRESENT: Dennis Vasey ABSENT: Steve Price STAFF: Bob Tweedie Debi Muller PUBLIC: John Henderson Ilonka Washburn Kenny Baker Raymond Rewis Gene Schmidt Thomas Palmer Bob Titus Gail Hambright Stephanie Taylor Winona Stone Jim Mudd Bill Griffith Larry Fox Donna Fox Arthur Rubens Lee Combs I. MEETING CALLED TO ORDER AND QUORUM CHECK Meeting called to order at 1:05p.m. and quorum was present. II. APPROVAL OF AGENDA Consent agenda III -D to be removed for discussion. Additions to agenda: IV -G Commercial Paper Loan; VI -A Budget Mr. Schmidt moved for approval of Agenda with changes. Mr. Vasey seconded the motion. Motion passed unanimously. III. APPROVAL OF CONSENT AGENDA Approved: Minutes of January 13, 2003; Monthly Financial, ending December 31, 2002; Bid Award — Everglades Airpark Runway Lighting Project; Enterprise Rent -A -Car Agreement Mr. Schmidt moved to approve the Consent Agenda. Mr. Vasey seconded the motion. Motion passed unanimously. IV. ADMINISTRATIVE A. III -D Sublease of Facilities and License of Uses Agreement with Andrew Silvester D/B /A Suncoast Sportsplanes, Inc. Collier County Airport Authority Minutes February 10, 2003 6 Page 2 The Sublease of Facilities and License of Uses Agreement signed 9/10/2001 with Andrew Silvester DB /A Suncoast Sportplanes expired on August 31, 2002. Revisions have been made to original lease to extend term. Recommendation: Staff recommends that the Authority approve Agreement and authorize Chairman to execute all necessary documents. Mr. Doyle moved for approval of recommendation. Mr. West seconded the motion. Motion passed unanimously 4 -1 Mr. Lazarus abstained. B. November 2002 Financial Statements Discussion was suspended when Mr. Mudd arrived. C. County Manager Jim Mudd Mr. Mudd addressed the board regarding the Board of County Commissioners request from the Airport Authority as follows: Update to Business Plan; update to Mission Statement for each Airport; establish specific goals; identify challenges and opportunities associated with the goals; identify measurable plan responses to the challenges and opportunities; recent financial trends and updated financial forecast; updated Business Plan to be structured by project not by airport; financial — leasing the land with tenants paying for buildings; develop a plan on how the loan is to be carried on the books; look for sources other than general funds for financing; for the Airport Authority Executive Director, John Drury, letter to the Board dated June 20`h the board established the strategic planning committee to address the following: develop a strategic plan, develop a business plan, and identify social and economic impact benefits for the Airports of Collier County. Mr. Mudd noted that he had gone to the board at the January 14, 2003 meeting and went over the Authority Board Ordinance with no recommendations to the Board. Mr. Mudd was instructed by the Board of County Commissioners to research efforts for compliance on legal obligations regarding the Airport Authority, provide a plan that insures that the Board fulfills their legal obligations while providing the County Manager staff with the authority to question Airport Authority financial documents without violating the Airport Authority ordinance; with assistance from the Airport Authority to develop alternative options for administration of the airports and present to the Board after May 1, 2003; provide an annual report by March 15, 2003; provide FY- 04 tentative budget by May 1, 2003 or otherwise in accordance with the County general budget policy whichever day is earliest; provide an updated business plan-with the budget request it could be a 5 -year update; to delay Collier County Airport Authority Minutes February 10, 2003 Page 3 Imm hiring of the Executive Director until the Board of County Commissioners has made a determination on its intentions regarding the Airports and the Airport Authority Ordinance. Mr. Lazarus wanted it noted for the record that at least one County Commissioner had said to him, directly, "oh you're a bunch of pilots" regarding the user issue, Mr. Lazarus wanted to make it clear that they are not all pilots, and their primary interest is not to fly airplanes. "We are dedicated people it is a labor of love, we care about the airports and the impacts they have on the community" says Mr. Lazarus. "The airports are not gas stations and airplanes, they are economic engines for the community and we can show that what we are doing is an investment that brings in jobs, revenues, etc. We are the only agency, that I know of, in the county that is building an asset base and we are providing a return for the county. We are dedicated people. We are open, we don't always agree with each other, we are responsive and I think you have an awful lot of talent sitting around the table that the county should continue to make use of." Mr. Lazarus noted that he was disturbed by the reaction of some of the Commissioners towards the operation of this Airport Authority. "I think they have been unfair, un- knowing, I don't think they have the facts and I think it is only responsible to allow us to put the facts openly and honestly before you and the Board of County Commissioners so they don't do anything precipitous which will hurt the county rather than improve it." Mr. Lazarus apologized for being a little strong but he is rather passionate about these issues. He commented on what a wonderful job the Authority has done over the past years and one of the things that disturbs him is that not one single member of the Board of County Commissioners has ever said in his presence "thank you for what has been done in the last 8 years to improve our airports. Prior to that time the airports were neglected." Mr. West voiced his frustration of not being able to hire an Executive Director. "We are looking at doing a 5 -year plan and it would be easier to accomplish that with permanent leadership. It is like putting the cart before the horse. How do you do a vision statement for the airports and what the airports are going to become without having that leadership in place ?" Mr. Mudd stated that he would give Mr. Tweedie whatever he can out of the county staff in order to help him in the process. Mr. Doyle reported that he did not want us to lose site of the fact that our airports are part of the transportation infrastructure that the government provides. "I have heard the term `pilots club', I suspect all of us are members of the drivers club, we all drive on county and state roads but nobody talks about that being a club because it's part of the transportation infrastructure. Collier County Airport Authority Minutes February 10, 2003 Page 4 We need to have our lives and our economy boom and I think the airports are part of that infrastructure. We need to recognize that and there is a cost associated with the airports. To the extent that we can cover that cost through revenues, we would like to do that but we are not in a situation where we have a major regional airport within our network of three airports. I just hope we don't lose site of the fact that I think they are an important part of the transportation infrastructure and an important part of the economic engine." Mr. Schmidt commented that he has worked on a number of airport boards and authorities the last one was Chairman of the Naples Airport. "I have never worked with a finer board or a finer group of employees that you have the pleasure of having at the Collier County Airport Authority." Mr. Vasey noted that one of the aspects that has really not been touched on much, and it is not one of the things the community thinks of, is the relationship with the Airport Authority to major groups within communities. "More importantly to the supervisor of schools, Collier County, and Vo -Tech, and the potential for taking young people from schools and providing them with professional opportunities. Not only that, but just the availability of a truly functioning airport system for hurricane recovery, for disaster, recovery for major law enforcement operations and for diversions when other aviation facilities are inoperable for whatever reason. These are reasons that I have generally not found in a ledger and you can't go to anyone's office and find out how much revenue was generated but you can find out from sales of homes and businesses and other business opportunities how little you're getting things, and when you ask them why they are not here, the answer is generally you just don't have the economic tools to attract us. Yet we are willing to put money on other venues to attract them, but we don't ever really complete it because there is some pettiness in the system. Instead of cooperating between the constitutional officers, the Collier County government and the Board of County Commissioners, there isn't any. There always seems to be an open dispute; we seem and others seem to be targets of whatever vindictiveness these individuals can bring out. But yet they lose site of the most important thing and that is the people that operate this system and the people that use this system are generally not one in the same that benefit from this system." Mr. Lazarus commented that we are all deeply grateful for Mr. Mudd taking the time to come and visit with the Authority. Over and above that the openness is tremendous and that we have not had this experience in 8 years where we were able to sit down openly with the County Manager and get to these issues. We are deeply grateful. Collier County Airport Authority Minutes February 10, 2003 Page 5 Discussion was held regarding the Board of County Commissioners requests. D. IV -F Immokalee Proposed Motorsports Complex Public Workshop Previously the board was presented with a preliminary proposal from the Florida Gulf Coast University for the coordination services of a public workshop for the proposed Immokalee Motorsports Park. The board directed staff to present additional options particularly with regard to the proposed budget for the workshop. In this effort staff has worked with Dr. Rubens of the Florida Gulf Coast University Center for Leadership and Innovation. Mr. Rubens addressed the Authority with his proposal of three different options. Discussion was held. Recommendation: To develop a letter to the developer stating that we request an assessment acquired at their expense by using personnel from Option "A "; variable expenses from Option "A "; and fixed expenses form Option "C" as an assessment standard. Mr. West moved for approval of recommendation. Mr. Vasey seconded the motion. Motion passed unanimously. E. IV-D Incubator Review Committee Mr. West updated the board on the progress of the Immokalee Incubator Program Review Committee. Discussion was held. Recommendation: Modify the terms of the existing license agreement and add the word "vacancy" under 2. Mr. West moved for approval of recommendation. Mr. Schmidt seconded the motion. Motion passed unanimously. Discussion was held. Recommendation: Approve and adopt 1, 3, 4 and 5. Mr. Lazarus moved for approval of recommendation. Motion was seconded. Motion passed unanimously. Collier County Airport Authority Minutes February 10, 2003 Page 6 F. Lease — Immokalee Incubator Phase II facility Discussion was held. Recommendation: To table item. Mr. Lazarus moved for approval of recommendation. Mr. West seconded the motion. Motion passed unanimously. G. Authorization of $500,000 Commercial Paper Loan Recommendation: That the Authority authorize the Chairman to approve an Executive Summary to be submitted to be Board of County Commissioners recommending the adoption; a resolution authorizing a loan in an amount not to exceed $500,000 from the commercial Paper Program. H. Civil Air Patrol Lease — Marco Airport Recommendation: That the Authority authorize the Chairman to execute the lease with the Marco Island Civil Air Patrol squadron. Mr. Schmidt moved for approval of recommendation. Mr. Doyle seconded the motion. Motion passed unanimously. V. OLD BUSINESS VI. NEW BUSINESS VII. ADJOURNMENT Meeting adjourned at 4:30p.m. 1611 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. III -B MONTHLY FINANCIAL STATEMENTS CONSENT AGENDA Summary: The following financial statements are for the month and period ended January 31, 2003 for the Authority's Operating and Capital Accounts. Impact on Master Plan: None Fiscal Impact: None Recommendation: No action required, for informational purposes only. AIRPORT AUTHORITY Operating Account (Fund 495) Comparison of Actual to Budget For the period ended January 31, 2003 Income Net revenues from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital Expenses Cost of Operations Income Net revenues from fuel sales Rentals, leasing and other Income Expenses Personnel services Operating Capital Expenses Cost of Operations Revenue reserve Total -- General Fund Transfer 78,159 32,882 4 5,277) -57.9% Current Month For the Month of January 2003 2003 Budget Actual Variance Variance 71,883 70,103 (1,781) -2.5% 30,983 57,813 26,830 86.6% 102,866 127,916 25,049 24.4% 69,317 55,586 (13,730) -19.8% 54,550 56,961 2,411 4.4% 57,158 48,250 (8,908) -15.6% 181,025 160,798 2( 0,227) -11.2% 78,159 32,882 4 5,277) -57.9% These financial statements have been derived from data contained in the Clerk of Court's Financial Management System. Adjustments have been made to give effect to prepayments and accruals to make the statements more meaningful on an interim basis. 74,800 817,100 Year -To -Date For the Four Months ended January 31, 2003 Annual Budget Actual Variance Budget 210,412 201,402 (9,010) -4.3% 575,700 123,933 149,041 25,108 20.3% 371,800 334,345 350,443 16,098 4.8% 947,500 277,267 273,495 (3,771) -1.4% 831,800 200,017 202,228 2,211 1.1% 654,600 80,914 51,777 29,137 -36.0% 203,400 558,197 527,501 30,697 -5.5% 1,689,800 223,852 177,057 __a6,795) -20.9% 742,300 These financial statements have been derived from data contained in the Clerk of Court's Financial Management System. Adjustments have been made to give effect to prepayments and accruals to make the statements more meaningful on an interim basis. 74,800 817,100 AIRPORT AUTHORITY Capital Accounts - Funds 496 and 497 Schedule of Expenditures For the four month period ended January 31, 2003 Project Marco Number Project Name Project Immokalee 33010 Incubator Support Facility 33327 Industrial Park Improvements 33343 Conceptual ERP Permit 33383 FIS /Cargo Processing Facility 36000 Incubator (USDA Powder Coating) Everglades 33394 Rehabilitation of Runway Lights 125,000 12,191 Marco Expenditures 0% Project Cummulative -To -Date Current Current Budget Amount % of Bud. Y -T -D Month Wetlands Mitigation (Land Acquisition) 250,000 76,300 33391 Vegetation Mngmnt (Clearing & Filling) 639,000 626,456 98% 1,639 0 1,203,500 917,596 76% 328,357 163,884 350,000 289,727 83% 26,768 6,171 1,070,000 475,130 44% 304,476 88,367 250,000 245,677 98% 0 0 125,000 12,191 Totals 10% 12,191 5,197 54% Marco 0 0% 33330 Environmental Mitigation (Phase II) 250,000 136,233 33348 Rehabilitate Parking Lot 63,750 130 33375 Wetlands Mitigation (Land Acquisition) 250,000 76,300 33391 Vegetation Mngmnt (Clearing & Filling) 250,000 228 Totals 10% 12,191 5,197 54% 5,240 0 0% 130 130 31% 73,476 60,392 0% 0 0 752,276 324,141 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. III -C EDC AGREEMENT CONSENT 1611 ", Summary: The EDC's proposal for marketing the Immokalee Regional Airport and Industrial Park was presented at the January 13, 2003 board meeting. The board voted unanimously to award EDC with $7,000 for Phase I to implement their proposal to market the Immokalee Regional Airport and Industrial Park. An agreement between Collier County Airport Authority and Economic Development Council to market the Immokalee Regional Airport and Industrial Park has been developed and approved by the County Attorney's office (attached). Impact on Master Plan: Fiscal Impact: Total expenditure per the agreement is $7,000. The Authority was allocated $22,000 in marketing funds for FY -03 Recommendation: Approve and authorize Chairman to execute any necessary documents. 1611 AGREEMENT COLLIER COUNTY AIRPORT AUTHORITY AND ECONOMIC DEVELOPMENT COUNCIL THIS AGREEMENT is entered into this day of 2003, by Collier County Airport Authority, a subpart of the County of Collier County, Florida, (the "AUTHORITY ") and the Economic Development Council of Collier County, Inc. a Florida not - for - profit corporation, hereinafter referred to as the "EDC ". WITNESSETH WHEREAS, the Legislature of the State of Florida, Enterprise Florida and the County determined there is a need to enhance economic activities in the State and Collier County, by retaining, expanding and attracting high wage jobs through economic diversification and development in order to promote a stronger, more balanced, and stable economy; and WHEREAS, the Authority now finds and determines that it is in the public interest to partner with the EDC through the EDC's business diversification program to expand the County's tax base, to expand the employment opportunities of the residents of the County, to increase economic mobility for residents and to thereby reduce the associated burdens placed on local government and private sector taxpayers; and WHEREAS, the EDC is a private not - for -profit corporation created by the initiative of the private sector business community for the purpose of retaining, expanding and recruiting high wage jobs for Collier County; and WHEREAS, the EDC performs many business diversification activities that are not performed by the Authority and which are essential to successful business diversification in Collier County; and WHEREAS, the Authority recognizes that successful business diversification requires confidentiality with respect to plans, objectives, criteria, and corporate information of business candidates for retention, expansion and recruitment, and that such confidentiality is in the public interest of the citizens of Collier County; and WHEREAS, the Authority finds that the EDC is an especially appropriate entity to facilitate business diversification and development in Collier County, including providing business candidates with the types of confidential assistance that is essential to successful business diversification and development; and WHEREAS, it is in the best interest of the Authority to enter into a contract with the EDC to conduct activities in accordance with the terms and conditions set forth herein; and WHEREAS, the EDC has in the past, and will continue in the future, to expend substantial sums from its private sector membership dues to promote economic diversification. NOW THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties hereto agree as follows. a. The Authority hereby grants to the EDC $7,000.00 for the term of the Agreement in consideration for the EDC's business diversification and development activities, conducted in cooperation with the Authority, as described in the Summary Budget attached hereto as Exhibit "A ". The payment of the Authority's grant shall be made to the EDC as its expenses are accrued and its invoices are received, commencing with the first month of this Agreement. b. Waiver by either party of the breach by the other party of any provisions of this Agreement shall not be deemed a waiver of any other, or subsequent, breaches and shall not be construed to be a modification of the terms of this Agreement. 16 11 C. To the fullest extent permitted by law, the EDC will indemnify and hold harmless the Authority from and against all claims, damages, losses, and expenses, including reasonable attorney's fees and costs, including appeals, arising out of or resulting from the performance by the EDC of its responsibilities under this Agreement. d. The EDC is and shall remain for all purposes an independent contractor. The EDC shall be responsible for the initiating, maintaining and supervising of all safety precautions and programs necessary in connection with this Agreement. The EDC shall not be considered a public agency with regard to this agreement. The EDC agrees to comply with all applicable safety laws, ordinances, rules, regulations, standards, and lawful order of any public authority having jurisdiction over this matter. e. The EDC shall not discriminate against any employee or person served under this Agreement on account of race, color, sex, sexual orientation, age, religion, ancestry, national origin, handicap or marital status. f. Any alterations, variations, modifications or waivers of provisions of this Agreement shall only be valid when they have been reduced to writing, duly signed, by both parties hereto, with specific reference to this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the date set forth above. ATTEST: WITNESSES for Airport Authority Bob Tweedie, Interim Executive Director Gail Hambright WITNESSES (two required) Signature of First Witness Name of First Witness (Printed) Signature of Second Witness Name of Second Witness (Printed) Approved as to form and legal sufficiency: By: Tom Palmer, Attorney for the Authority H: Agreements - Contracts - Leases /EDC CCAA Agreement Collier County Airport Authority : Monte Lazarus, Chairman ECONOMIC DEVELOPMENT COUNCIL OF COLLIER COUNTY, INC. Lo Fred Pezeshkan, Chairman EDC Board of Directors 16 1 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. III -D CHANGE ORDER NO.3 FLORIDA STATE UNDERGROUND CONSENT AGENDA Summary: Previously the Authority awarded a contract to Florida State Underground for $642,309.89 to extend Airpark Boulevard and construct a 20 -unit campground at the Immokalee Regional Airport Industrial Park. Because of county requirements, the original design had to be modified. The proposed change order in the amount of $53,837.19 is for required landscaping; additional signage; and the lengthening of a cross drainpipe under Airpark Boulevard to accommodate a required additional sidewalk. The change order also extends the contract compliance date by 60 days to April 16, 2003 due to the contractor's inability to work while awaiting county permit approval. A copy of the change order, together with supporting documentation is attached. Our design professional, Hole Montes, has indicated its approval of the change order. Impact on Master Plan: None Fiscal Impact: The cost of Change Order No. 3 will increase the contract with Florida State Underground by $53,837.19. The original agreement was for $642,309.89. Change Order No. 1 and 2 were for a total of $22,773.57. With the approval of Change Order No. 3 the total contract amount will be for $718,920.65. This will require the appropriation of capital reserves, requiring Board of County Commissioners approval. Recommendation: Authorize the Chairman to sign Change Order No. 3 with Florida State Underground subject to Board of County Commissioners approval of the required capital reserve expenditure. CHANGE ORDER Change Order No. 3 Contract No. 02 -3343 TO: Florida State Underground 4540 Domestic Avenue Naples, FL 34104 DATE: .12/18/02 PROJECT NAME: Industrial Park Improvement PROJECT NO: EDA #0401 -04619 Under our Agreement dated: 4/26/2002 GC- CA -E -1 1611 You are hereby authorized and directed to make the following change(s) in accordance with terms and conditions of the Agreement: Modification of quantities for Industrial ark Blvd. Extension (Base Bid) and Campground (Alternate #1) to comply with Collier County requirements per attached Change Order Summary. For the (Additive) sum of: Fifty -three Thousand Eight Hundred Thirty- seven dollars and nineteen cents ($53,837.19) Original Agreement Sum of Previous Changes This Change Order (Add) () Present Agreement Amount $642,309.89 $22,773.57 $53,837.19 $718,920.65 The time for completion shall be increased by Ninety -nine (99) calendar days due to this Change Order. Accordingly, the Contract Time is now Two Hundred and Seventy (270) calendar days. This substantial completion date is March 17, 2003 and the final completion date is April 16, 2003. Your acceptance of this Change Order shall constitute a modification to our Agreement and will be performed subject to all the same terms and conditions as contained in our Agreement indicated above, as fully as if the same were repeated in this acceptance. The adjustment, if any, to the Agreement shall constitute a full and final settlement of any and all claims of the Contractor arising out of or related to the change set forth herein, including claims for impact and delay costs. Accepted: , 2003 CONTRACTOR: OWNER: kCJ COLLIER COUNTY AIRPORT AUTHORITY COLLIER COUNTY, FLORIDA DESIGN 1 a+ w1 GC- CA -E -2 Change Order Summary 1611. Industrial Park Improvement Phase 11 Immokalee Regional Airport Contract No. 02 -3343 Change Order No. 3 Description: Base Bid: Industrial Park Blvd. Extension As a result of the need to construct two sidewalks and other improvements as rerquired by the County throught the Site Development Plan approval, the following items need to be added or adjusted in the project. Increase to quantities of the following items: REVISED INCREASE UNIT PRICE CONTRACT ITEM # DESCRIPTION QUANTITY ITEM PER UNIT DIFFERENCE 430 -12 -329 Concrete Pipe Culvert 24" RCP 8 LF $33.33 $266.64 430 -12 -333 Concrete Pipe Culvert 30" RCP 8 LF $47.92 $383.36 430 -12 -338 Concrete Pipe Culvert 36" RCP 8 LF $60.95 $487.60 Total Increase for Adj. Quantites $1,137.60 Remove and Replace Mitered End Sections to accommodate pipe extensions: REVISED DECREASE UNIT PRICE CONTRACT ITEM # DESCRIPTION QUANTITY ITEM PER UNIT DIFFERENCE 36" MES 1 EA. $858.50 $858.50 30" MES 1 EA. $707.00 $707.00 24" MES 1 EA. $606.00 $606.00 Total Increase for Adl.Quantites $2,171.50 Add additional signs and pavement marking required by County: REVISED INCREASE UNIT PRICE CONTRACT ITEM # DESCRIPTION QUANTITY ITEM PER UNIT DIFFERENCE Keep Right with Reflector 6 ES $181.80 $1,090.80 Divided Highway Sign 3 ES $181.80 $545.40 Crosswalk Sign 2 EA $181.80 $363.60 Solid Stipe 12" Paint 155 LF $1.46 $226.30 Total Add On $2,226.10 Additional cost to deflect water main around drainage structure. REVISED INCREASE UNIT PRICE CONTRACT ITEM # DESCRIPTION QUANTITY ITEM PER UNIT DIFFERENCE 8" Water Main deflection LS $1,100.90 $1,100.90 Total 8" Deflection Total Add On $1,100.90 Total Increase Base Bid $6,636.10 S:1 2000120001131CostComparison.xls 1 of3 Alternate #1 Campground Adjust quantities and add items to reflect re- design of Campground. INCREASE REVISED DECREASE UNIT CONTRACT ITEM # DESCRIPTION QUANTITY ITEM DIFFERENCE 101 -1 Mobilization 0 L.S $2,327.48 120 -6.2 Embankment Berm 750 CY $5,947.50 285 -704 Limerock Base 6" 420 SY - $1,911.00 285 -706 Limerock Base 8" 556 SY $3,146.96 425 -1 -521 Inlets DT DOT Type "C" 1 Ea $936.93 430 -12 -323 RCP 15" 57 LF - $1,439.25 430- 12 -xxx RCP 12 x 18 70 LF $2,046.80 430- 982 -223 MES 15" 2 Ea - $1,290.88 430- 12 -xxx MES 12 x 18 4 Ea $2,668.44 520 -2 -X01 Concrete Curb "A" 350 LF $2,740.50 522 -3 Concrete Sidewalk 4" Thick 150 SY $2,272.50 570 -9 Grass Watering 20 MG - $1,212.00 Irrigation S stem 1 LS $8,366.87 580 -1 Live Oak 1.75" 16 Ea - $2,908.80 580 -1.1 Live Oak 1.5" 19 Ea $3,319.87 580 -6 Slash Pines 30 Gal 1.75" 6 Ea $1,593.78 580 -6.1 Slash Pines 15 Gal 1.5" 6 Ea $1,157.46 580 -2 Cabbage Palm 19 Ea - $2,878.50 580 -3 Wax Myrtle 3 al. 10 Ea - $70.70 580 -4 Wax Myrtle 10 al. 151 Ea $15,251.00 580 -5 Walters Viburnum 3 al. 100 Ea $1,313.00 700 Sign Stop w /Do Not Enter 2 Ea $424.20 700 Sign No Outlet 1 Ea $146.45 700 Sign One Way Left 1 Ea $146.45 700 Sign Do Not Enter 2 Ea $313.10 700 Sign Handicap Parkin 1 Ea $171.70 705 -10x14 Post Mounted Object Marker 3 Ea $363.60 710 -23 -061 Solid Traffic Stripe 6" 440 LF $110.00 710 -23 -241 Solid Traffic Stripe 24" 11 LF $20.57 710 Crosswalk 12" w /10' Hashes 2 Ea $292.90 710 Traffic Arrows w/ Only 3 Ea $287.85 5331 -72 -1 Type S -3 Asphalt Concrete 1" 35 Tn $1,765.75 5331 -72 -20 Type S1 Asphalt Concrete 2" 70 Tn $3,217.20 5331 -72 -24 Type S Asphalt Concrete 1 1/2" 40 Tn - $2,533.20 1700 -2.3 Sanitary Sewer Lateral 6" pvc 70 LF - $901.60 1700 -2.4 RV Sanitary Dump Sta. 0 LS - $75.75 1700 -2.5C 8" Water Main DR -18. 380 LF $7,809.00 1700 -2.5D 8" Water Main DR -14 60 LF $1,117.80 1700 -2.5E 6" Water Main DR -18 300 LF - $3,531.00 1700 -2.5F 6" Water Main DR -14 20 LF - $242.40 1700 -2.12 Campground Water Distr. System 0 LS - $878.70 1700 -2.13 lCampground Electrical Distr. System 0 LS - $1,594.79 1700 -2.16 113ollards Ea. - $1,212.00 Temporary Swale 150 LF $606.00 TOTAL $47,201. 09 Justification: The requirement of extensive landscaping required the redesign of the campground to reduce the impacted area and minimize abutting side yard. The above changes resulted in an increase cost of $47,201.09 as compared to $80,000+ increase utilizing the original layout. The contractor was not able to work on the campground during the initial contract time. The additional sixty calendar days is justified to allow the contractor to build the campground. S:�2000\20001131CostComparlson .xis 2 of3 Cost Increase Summary: Plans: Industrial Park Blvd. Extension $6,636.10 Campground Modification $47,201.09 Total Increase $53,837.19 Replace the following sheets. C -18 Campground Geometric Lot layout C -19 Campground Grading & Drainage Plan C -20 Campground Utility Plan E -1 Campground Electrical Plan L -1 Landscape Plan Add the following sheets. C -4A Clearing Plan I -1 Campground Irrigation Plan I -IS -1 Irrigation Specifications S:\ 2000\2000113 \CostComparison.xls 3 of3 1G1? RIE AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. IV -A STATUS UPDATE — IMMOKALEE INCUBATOR PHASE II FACILITY ADMINISTRATIVE Summary: Airport Authority staff and staff of the County's Financial Administration and Housing Department will update the board of the status of the lease and participating parties agreement with Global Manufacturing for the Incubator Phase II facility (see attachments). Impact on Master Plan: None Fiscal Impact: None Recommendation: For informational purposes only. 1611 COLLIER COUNTY FINANCIAL ADMINISTRATION AND HOUSING DEPARTMENT 3050 N. Horseshoe Drive • Suite 275 • Naples, Florida 34104 • 239- 403 -2330 • Fax 239- 403 -2331 February 18, 2003 Ms. Donna Fox President Global Manufacturing Technologies, Inc. 160 Airpark Boulevard Immokalee, FL 34142 VIA OVERNIGHT MAIL Re: Small Cities CDBG Program — Immokalee Manufacturing Facility (00D13- 6B- 09- 21- 01 -E05) Dear Ms. Fox: Per the Small Cities Community Development Block Grant (CDBG) Economic Development application submitted to the Department of Community Affairs benefiting Global Manufacturing Technology, Inc., several commitments were made by Global that would allow for the expansion of your business and warrant the funding for construction of the second manufacturing facility. Per the terms of the Participating Party Agreement (PPA) which you signed on August 3, 1999, you indicated that Global Manufacturing Technology, Inc. would retain three (3) current jobs and create at least twenty -two (22) full -time equivalent permanent net new jobs, of which twelve (12) full -time equivalent permanent net new jobs would be made available to members of low income families as specified in the Application (see PPA #3). Further, you agreed (see PPA #5) to provide or cause to be provided such training to members of low and moderate income households, as may be necessary to equip them with the skills required to obtain and retain the jobs created that were designated in the Application Form E -10 or any mutually agreed to revision to Form E -10 (Attachment B of the Participating Party Agreement, which is also attached to this letter). Relating to job creation (see PPA #11), you agreed to hire at least one permanent full -time employee who is currently seeking work through the State of Florida's WAGES Program. In a letter submitted with the CDBG application, you indicated that you desired to expand your services (specialty products for the Aeronautical, Automotive, Medical and Commercial Industries) to offer assembly, warehousing, customs, bonded areas and finishing processes. You indicated the construction of the second facility was instrumental to the growth of your company and that Global would occupy the second facility. C O � �~ [� • C O N N L y Are these still your intentions? Please advise us in writing your plan of complying with the above conditions within five (5) days of receipt of this letter. I have enclosed copy of PPA and CDBG applications for your reference. Please call me at 403 -2339 if you have any questions. Thank you in advance for your prompt attention. Sincerely, Susan E. Alden HUD Grant Coordinator cc: Robert Tweedie, Interim Executive Director, Collier County Airport Authority File Enclosures G: \CDBG \CDBG - DCA\CDBG Economic Development Grant - Incubator Facility Immok 1999\Letter -Donna Fox -job creation intentions 2- 18- 03.doc 161' CDBG -E -2 APPLICATION SUMMARY 21) APPLICATION NARRATIVE AND PUBLIC BENEFIT NARRATIVE 1. Provide a detailed narrative of the proposed project describing: a. The roles of all Participating Parties, local governments, other government agencies, developers, and other parties whose actions or participation are necessary for the success of the project; The Collier County, Florida (the grant applicant) is applying for CDBG funds to fund construction of a USDA approved 20,000 SF Manufacturing Incubator Facility that will allow for the expansion of an existing business. The site of this facility is located in a Federal recognized Enterprise Zone known as the Immokalee Regional Airport. This Airport is located in Immokalee, Florida. The new assembly /manufacturing facility will be constructed at a cost of approximately $1,389,000, including lity engineering costs. Collier County Government already owns the property where the faci will reside. This new building will be owned by the Airport Authority, and will be leased to Global Manufacturing Technologies, Inc. which will allow them to retain 3 current employees while creating an additional 22 new positions. As stated above, the total building construction costs will be approximately $1,389,000. The Collier County Airport Authority will pay for 77% of the Architectural /Engineering costs, approximately $139,000. A USDA grant will pay for 23% ($41,552) of the engineering costs and $458,448 of the construction costs. If CDBG funds are not forthcoming to fund this building construction project, Global Manufacturing Technologies, Inc. will not be able to expand its operation, and the 22 new jobs, of which over 51% are LMI targeted positions, will not be created. If the USDA grant is not forthcoming, the project will be scaled back to a smaller building. b. How a national objective will be met pursuant to Rules 9B- 43.006(2)(b) and 9B- 43.011(3) and (4), Florida Administrative Code, and 24 C.F.R. Section 570.483 (b)(4). If a national objective is attained under the provisions of 24 C.F.R. Section 570.483(b)(4)(iv)or (v), documentation must be provided with the application; A national objective will be met by the creation of 22 new jobs, of which over 51% are targeted for low to moderate income households in Collier County. C. Why the CDBG assistance is needed in the proposed project; Without the grant funded building, the proposed company, Global Manufacturing Technologies, Inc. would not be able to expand it's operation in Collier County, nor would it be able to create the 22 new jobs of which over 51% are LMI targeted positions. d. All the activities to be undertaken as part of the project, without regard to the funding source or whether the funding for the activity will be counted for leverage; and This building will constitute Phase II of the Immokalee Airport Industrial Park project. Collier County will construct this second facility, with a total of 20,000 SF of space to compliment the current 13,000 SF facility now being constructed at a site adjacent to the proposed building. 1611 e. The types, number, wage rates, etc. for the jobs to be created or retained by the_ Participating Party(s) The types of positions, total jobs created, hourly or annual rates of pay concerning retained employees can be found on pages 51 of this application (CDBG -E -10 CURRENT EMPLOYEE INFORMATION). The types of positions, total jobs created, hourly or annual rates of pay concerning created positions can be found on pages 52 (CDBG -E -10 NEW JOB CREATION INFORMATION). 2. Document the public benefit by: a. Describing the number and types of jobs to be created or retained in relation to the employment needs of low and moderate income persons and other persons likely to be employed or retained; Global Manufacturing Technologies, Inc. will retain 3 current employees while creating an additional 22 new positions. Of these 22 new positions, over 51% are LMI household targeted. The majority of these new positions will be manufacturing /assembly in nature. The types of positions that will be needed to assist in the expansion of this company are machinists, Wet Processing Bay Painters, Maintenance Workers, CNC operators, assembly workers and supervisors. In addition, some office staff will be hired to support this expansion.. b. Describing any additional development, spin -off jobs, and need for additional goods and services which are likely to be stimulated in the area by the proposed project; Global Manufacturing Technologies, Inc. deals mainly with the manufacture of hard -to -find, specialty aircraft parts for the aeronautical industry. Because of the close proximity to the Immokalee Regional Airport, other aeronautical parts companies have expressed an interest in possibly re- locating there. In addition, Phase 1, will house a U.S. Customs office which will make it more cost effective for manufacturers to produce products for importing and exporting. C. Describing what increases, if any, will occur in the tax base, including property, sales, and other taxes; While the new manufacturing facility will have an assessed value of over $ 1,000,000, it will not be taxed accordingly because it will be owned by the County. However, the newly created positions should bring in sales tax dollars because the employees will need to spend earnings on food and transportation products such as gasoline. Hopefully, this new facility will accelerate the economic growth of this area, which will bring more companies to Immokalee, Florida. In addition, the increase of manufacturing companies, will increase the Tangible Tax revenues on equipment that is housed in the facility. b. Specifying the anticipated training needs of low and moderate income persons who may apply for the created jobs; and how and who will be providing the training; and Global Manufacturing Technologies, Inc. will have an in -house training program. This program will involve training in assembly work, quality assurance, receiving /shipping and customer service. C. Stating that the cost per job created or retained by each participating party as a direct result of the CDBG assisted activity by each Participating Party is less than $35,000 per job in CDBG funds. The cost/job created as a direct result of CDBG assistance is approximately $34,091. This is less than the maximum cost per job allowable which is one job for every $35,000 in CDBG funds. If a loan is proposed from CDBG funds, specify the exact corporate, personal, or partnership name of the borrower(s) and guarantor(s), amount of the loan request, proposed interest rate, proposed term of the loan, frequency of payment, type and value of collateral offered, and proposed lien or mortgage position of the CDBG loan. (The interest rate may be no less than 5.5 percent per annum below the prime interest rate as of the date of the application for this phase, 7 March 5, 1999 1611 dgg,41IYOIK 4MI101K,f(�' �'O�OGr MAIL TO: 7684 SANTA MARGHERITA WAY, NAPLES, ITL 31109 SHIP TO: 3435 ENTERPRISE A I,7-;-. "I NAPLES: FL 34104 941- 597 -9135 FAX: 941 -597 -1644 Mr. Donald R. Blalock HUI Manager Housing and Urban Improvement ?500 N. Horseshoe Drive Naples, FL 34104 RE: 1999 CDBG Economic Development Grant Application Immokalee Regional Airport Manufacturing Incubator Facility D. Initial Participating Party Commitments r E. Business Plan F. Participating Party's Current Employee Information G. Participating Party's Proposed New Job Creation Information D. INITIAL PARTICIPATING PARTY COMMITMENTS 1. A clear statement of the concept ccnnP a d c�ct of it4 Harr f the or Jet. name. a. Provide a brief description of each Participating Party that documents its exact legal The exact legal name is Global Manufacturing Technology, Inc. b. Explain the products or services offered, and states how it will benefit from the project. We manufacture specialty products for the Aeronautical, Automotive, Medical, and Commercial Industries. This project will allow us to further expand our services to offer assembly, warehousing, customs, bonded areas and finishing processes to our customer base. C. If the Participating Party will be considered a start-up, so state. We wish not to be considered a start-up. CL If the participating Party is an expansion or relocation, describe the present operating conditions, locations, and the reason for the expansion or relocation. We are currently located in Enterprise Industrial Park. We need to expand operations because of growing the business, adding additional services and additional employees. We need more space because our current facility will not allow us to add the additional employees or services due to lack of space. Because of these facts we will be relocating to the Immokalee Regional Airport Industrial Park from the Enterprise Industrial Park e. For a business relocation, describe the impact on present employees. There will be no impact on our current employees regarding this issue. 1611 2. The nature of it commitment includin� a. The total number of jobs created and/or retained The total number of jobs retained will be three. b. The number of jobs created and/or retained for low and moderate income persons. The total number of jobs created will be twenty-two (22). C. The amount and terms of its private financial commitment to the project. We will be committing approximately $350,000. To increase our capacity to manufacture products for our industries. However, this will not be used as leverage for this project. d. An agreement to relocate, begin construction, or take other appropriate positive action within a specified period of time after the effective date of the grant. Global Manufacturing Technology, Inc. does commit itself to contract for a lease with the Immokalee Regional Airport Authority upon completion of this new manufacturing facility. In addition, upon completion of this facility, Global Manufacturing, Inc. will relocate to this site. e. A willingness to provide the required documentation. Documentation must include the basis upon which the job creation estimates are made; such as franchise, information, industry averages, specific like- projects, or other empirical data. Global Manufacturing Technology, Inc. will provide all required documentation regarding the basis upon which job creation estimates are made. 3. A clear statement of willingness to sign a legally binding Participating Party Agreement upon award of the grant. Upon reservation of funds by the Department of Community Affairs, Global Manufacturing, Technology, Inc. will sign a legally binding Participating Party Agreement with Collier County Government. 4. The identity and location of any collateral to be pledged by the Participating Pte, or any other requirements to be met that is required by the local government. Global Manufacturing Technology, Inc. will not be pledging any collateral to this project 5. That each principal will personally guarantee the CDBG loan if any portion of the grant is to be used for a loan to a for -profit business. This requirement does not apply because this request for funding is not a CDBG loan. 6. The names, titles, and ownership shares of all principals, Donna A. Fox, President & Treasurer (52 Shares) Lawrence M. Fox, Vice President & Secretary (25 Shares) Earl W. Houghton (25 Shares) 7. That the job creation location would not have been selected without the local government's agreement to provide any proposed infrastructure, if applicable. This requirement does not apply because the necessary infrastructure is already in place. 8. The uses and the amounts to which all leverages and equity funds will be dedicated Leverage funds may not be dedicated to the ongoing operations and expenses of the Participating Party except for the reasonable amount of cash that is reflected on the pro - formal as the ongoing cash "cushion" to be maintained on a consistent basis. Typical uses of leverage funds include land, buildings, machinery, permits, furniture, fixtures, and rolling stock This requirement does not apply because Global Manufacturing Technology, Inc, will not be pledging any leverage to this project. 1611 9. Adequate information to complete HUD form 2880 to document the pecuniary interest and other disclosure requirements of Section 102 of the HUD Reform Act of 1989. Collier County Government will be submitting Hud Form 2880, regarding disclosure requirements. 10. A statement that for the last two years: a. The Participating Party has not declared bankruptcy. Global Manufacturing Technology, Inc. has not declared bankruptcy within the last two years. b. That no principal of the Participating Party has declared bankruptcy. Global Manufacturing Technology, Inc. states that no principal of its corporation has declared bankruptcy within the last two years. x MARCH 3, 1999 111' G�OBA� �IAIYUfA IIUB/ �Glfl lYlYO�� Gy BILL TO: 7684 SANTA AMRGHERITA WAY NAPLES, FL 34109 SHIP TO: 3435 ENTERPRISE AVE. #I NAPLES. FL 34104 941 - 597 -9135 FAX: 941 -597 -1644 Mr. Don Blalock Collier County Housing and Urban Improvement 2800 North Horseshoe Drive Naples, FL 34104 RE: Manufacturing Incubator Phase H Dear Mr. Blalock. The second manufacturing incubator building to Abe constructed at the Immokalee Regional Airport Industrial Park will facilitate the expansion of our business by providing us with a facility that is spacious enough to accommodate assembly work, has adequate, secure warehousing space and area designed for wet processing. If the Collier County ty Airport Authority does not secure CDBG funds to assist with the cost of this building and cannot subsequently move forward with construction, we will no be able to grow as planned. Sincerely, b Donna Fox President March 5, 1999 G /OBE /�I� /YUfAllU�9/ G lY Tf« 0 M-IIL TO: 76.84 SANTA VARGHERIT_A W4 y NAPLES, FL 34109 SHIP TO: 3435 ENTERPRISE ATE. il- 1 NAPLES. FL 34101 941 -597 -9135 FAX: 941-597-1644 E. Business Plan: A business Plan must be provided and should include: NOTE: Part E is not applicable to any Participating Party which is a unit of governmentt or the creation of a unit of government (ie; a Community Redevelopment Agency, Housing Authority, etc.) That will not be a job creator. 1. The type of organization (start -up, existing, spin -off, subsidiary, etc.) Global Manufacturing Technology, Inc. is an existing business. 2. The organizational structure of the Participating Party, (ie; registered corporation, sole proprietorship, co- operative, public agency, private not - for - profit, of subchapter -S corporation and identity of all principals. Global Manufacturing Technology, Inc. is a subchapter -S Corporation. Principals are Donna A.Foa, President with 52 Shares, Lawrence M. Fox, Vice President with 25 Shares, and Earl W. Houghton, Manufacturing Specialist with 25 Shares. 3. A description of the Participating Party, its history, its organization, its operation, its product line, including Standard Industrial Code (SIC), its market and competition, and its sales history. a. SIC: Global Manufacturing Technology, Inc's SIC Code 5099 b. History: Global started three years ago as a small woman -owned manufacturing company. It was created to fill the need for a company that could take a product from design and prototype to production. Our growth is to include more services to our customers and offer a completed product under one roof (ie.; assembly, finishing processes, distribution options). C. Market: Aeronautical, Automotive, Medical, Environmental and Commercial Industries. d. Competition: Small job shops, and larger manufacturing companies. e. Annual Sales History: 1996 - $23,000. 1997-$100, 000. 1998- $124,000. i' 16-11 4. A description of the relationship of any subsidiary or parent organization. Attach the most recent financial statement for the affiliated organization, if applicable. This requirement does not apply because Global Manufacturing Technology, Inc. does not have a parent company nor any subsidiaries. 5. Current ownership of the proposed job creation location and, if applicable, the status of acquisition. The property is currently owned by the collier County Airport Authority and the newly constructed building will be owned by them as well. Flobal Manufacturing Technology, Inc. will only be leasing the building from them. A lease agreement will be signed if funds are awarded to this project by the DCA. F. Participating Party(s) current employee information: Using the charts at the end of the section CDBG -10, provide information on current existing employees and currently existing jobs. Provide a separate chart for each Participating Party. Retained jobs can be counted for scoring only when it can be documented that some third party (such as state or federal regulatory agency) requires that some action be taken that would, without CDGB assistance, cause the loss of those jobs in the State of Florida. The third -party written document must be provided with the application. For an expansion of an existing local Participating Party or an intrastate relocation, the current job numbers are required to provide a base which new creation will occur. G. Participating party(s) proposed new job creation information: on the charts at the end of section CDBG -10, provide information on the new jobs proposed to be created. Provide a separate chart for each. Participating Party. The documentation should provide a basis moderate income households -,a (F) PARTICIPATING PARTY'S CURRENT EMPLOYEE INFORMATION 1 CDBG -E -10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) CURRENT EMPLOYEE INFORMATION NAME OF PARTICIPATING PARTY Global Manufact rin Te hnolo ies Inc. JOB TITLE OF HOURLY TOTAL FTE RETAINED JOB PAY RATE JOBS TO BE TOTAL FTE TOTAL ANNUT L ANNUAL OR RETAINED ANNUAL JOBS TO BE RETAINED PAYROLL FOR THIS JOHELD OLL FOR BY LMI TITLE BY PAY RATES PERSONS RSONS President/Machine Operator 32,000 1 $ 32,000 VP /Secretary/ 25,000 1 Machine Operator $ 25,000 Machinist 30,000 1 $ 30,000 TOTALS 3 $ 87,000 SI R 16►1 ; f.: (G) PARTICIPATING PARTY'S PROPOSED NEW JOB CREATION INFORMATION CDBG -E -10 SUPPORTING DOCUMENTATION THAT MUST BE SUBMITTED WITH THE APPLICATION PARTICIPATING PARTY(S) PROPOSED NEW JOB CREATION INFORMATION NAME OF PARTICIPATING PARTY Global Manuf cturi Techn to ie Inc. p..'; JOB TITLE OF CREATED JOB HOURLY TOTAL FTE PAY RATE JOBS TO TOTAL FTE JOBS TO BE TOTAL TOTAL ANNUAL PROPOSED OR OR ANNUAL BE PAY RATES CREATED CREATED FOR LMI ANNUAL PAYROLL FOR JOBS TO BE HIRING DATE MONTH/YEAR PERSONS FOR THIS JOB TITLE CREATED FOR LMI PERSONS Assembly person $ 21,000 5 5 $ 105,000 $ 105,000 7/99 -2000 Receiving /Attendant $ 21,000 1 1 $ 21,000 $ 21,000 5/1999 Machinist $ 25,000 4 0 $ 100,000 CNC Operators $ 20,000 4 8/2000 4 $ 80,000 $ 80,000 12/99 -2000 Customs Tech. $ 25,000 1 0 $ 25,000 01 /2001 Maintenance Worker $ 18,000 2 2 $ 32,000 $ 32,000 12/1999 Wet Process. Painters $ 24,000 2 0 $ 48,000 11/2000 -1 Assembly Supervisor $ 30,000 1 0 $ 30,000 6/1999 Bookkeeper $ 25,000 1 0 $ 25,000 12/1999 General Manager $ 30,000 1 0 $ 30,000 10/1999 TOTALS 22 12 $4 6,000 $ 238,000 1611 Law Offices of Erl*c J. Vasquez Attorney at Law Also Admitted in Massachusetts 900 Sixth Avenue South 475 Tarpon Court Suite 201 Marco Island, Florida 34145 Naples, Florida 34102 Phone (239) 642 -8111 Phone (239) 430 -0999 Fax (239) 262 -8842 By Appointment only Please Reply to the Naples Office February 24, 2003 Ms. Susan E. Alden, HUD Grant Coordinator Collier County Financial Administration and Housing Department 3050 N. Horseshoe Drive Suite 275 Naples, FL 34104 Re: Small Cities CDBG Program Immokalee Manufacturing Facility (OODB- 6B- 09- 21- 0 1 -E05) Dear Ms. Alden: Please be advised that this office has been retained to represent the interests of Global Manufacturing Technology, Inc. (hereinafter referred to as "Global "). Please allow this correspondence to serve as a response to your letter addressed to Donna Fox, President of Global, dated February 18, 2003. Please be advised that Global intends to fully perform all terms and conditions of the Participating Party Agreement (PPA) signed on August 3, 1999. There are, however, certain aspects of the PPA which require further definition and clarification. First and foremost, please advise whether there have been any extensions of the Award Agreement pursuant to Fla. Admin. Code 9B- 43.014. Pursuant to paragraph 8 of the PPA, any extensions of the Award Agreement extends the PPA. Therefore, please forward all documentation evidencing requests for time extensions of the Award Agreement, and any documents evidencing approval of time extension requests. •1e$. Susan E. Alden February 24, 2003 Page 2 Secondly, I have reviewed the "Sublease Incubator Support Facility and Agreement Immokalee Regional Airport." There are some concerns with regard to the calculation of the "Fair Market Lease Rate." Please forward all documents r by the Collier County Airport Authority in determining the "Fair Market Lease R upon defined by the Award Agreement and the PPA. as Rate" as A third concern that needs to be addressed is the incomplete "powder coating system." The complete installation of the "powder coating system" is important to creation of other employment opportunities. Please forward, at Your earlies'system.,, Possible the convenience, Collier County's schedule in completing the "powder coating g Recently Collier County has offered a different interpretation to certain term conditions of the PPA and Award Agreement. This is of great concern to Global sand considering its future business plans. There are certain aspects of the Award Agreement and the PPA that require further interpretation. I am requesting a meeting betw Global, the Department of Community Affairs, the Airport Authority nd Col , Ben to further discuss the interpretation of the Award Agreement and the Po PA leer County Should any of the information requested herein be in the possession of Robe Tweedie, Interim Executive Director, Collier County Airport Authority, Y then rt this letter to him, I would ask that he forward the information in his Possession. copy of I look forward to receiving the documentation that has been requested through ' correspondence. Should you have any questions with regard to these matters, please feels free to call. p EJV /mck cc. Robert Tweedie, Interim Executive Director, Collier County Airport Authority Donna Fox, President of Global Manufacturing Technologies, Inc. F.1011b`C«ry Tt�J'Cw+�.U]�GO Jr. ► v0 °v COLLIER COUNTY AIRPORT AUTHORITY February 21, 2003 Mrs. Donna Fox, President Global Manufacturing Technology, Inc. 160 Airpark Blvd. #1 Immokalee, FL 34142 RE: Proposed Lease and Propose Management Agreement Immokalee Regional Airport Dear Donna: 1611 -, www.coilierairports.com At the February 10, 2003 Airport Authority meeting the board reviewed and discussed the proposed lease and proposed management agreement between the Authority and Global Manufacturing Technology, Inc. for the Incubator Support Facility. The board requested that the County Attorney's office conduct a legal review of the proposed lease and proposed management agreement. It was determined by the County Attorney's office that the Airport Authority could not lawfully enter into the proposed management agreement with Global (see enclosed memorandum from Tom Palmer, Assistant County Attorney). Enclosed is a copy of the revised lease as approved by the DCA and County Attorney's office. Please review and advise the authority of your intentions regarding this lease within 14 days. If you have any question, please contact me at 642 -7878 Ext. 1. Enclosure CC: Bob Titus Lee Combs BT /gdh H:2- 21 -03 Fox Lease Sincerely, Bob Tweedie Acting Executive Director ❑ Marco Island Executive Airport 2003 Mainsail Drive toll- Naples, Florida 34114 165 Airport Boulevard (941) 642 -7878 Naples, FL 34114 Fax (941) 394 -3515 February 21, 2003 Mrs. Donna Fox, President Global Manufacturing Technology, Inc. 160 Airpark Blvd. #1 Immokalee, FL 34142 RE: Proposed Lease and Propose Management Agreement Immokalee Regional Airport Dear Donna: 1611 -, www.coilierairports.com At the February 10, 2003 Airport Authority meeting the board reviewed and discussed the proposed lease and proposed management agreement between the Authority and Global Manufacturing Technology, Inc. for the Incubator Support Facility. The board requested that the County Attorney's office conduct a legal review of the proposed lease and proposed management agreement. It was determined by the County Attorney's office that the Airport Authority could not lawfully enter into the proposed management agreement with Global (see enclosed memorandum from Tom Palmer, Assistant County Attorney). Enclosed is a copy of the revised lease as approved by the DCA and County Attorney's office. Please review and advise the authority of your intentions regarding this lease within 14 days. If you have any question, please contact me at 642 -7878 Ext. 1. Enclosure CC: Bob Titus Lee Combs BT /gdh H:2- 21 -03 Fox Lease Sincerely, Bob Tweedie Acting Executive Director ❑ Marco Island Executive Airport ❑ Immokalee Regional Airport ❑ Everglades Airpark 2003 Mainsail Drive 165 Airport Boulevard P.O. Box 689 Naples, FL 34114 Immokalee, FL 34142 650 E.C. Airpark Road (941) 394 -3355 (941) 394 -3515 Fax (941) 657.9003 Everglades City, FL 34139 (941) 657.9191 Fax (941) 695 -2776 (941) 695 -3558 Fax i MEMORANDUM DATE: February 11, 2003 TO: Bob Titus, Finance Manager Airport Authority, Marco Airport FROM: Thomas C. Palmer, Assistant County Attorney RE: Property Management Agreement RLS APA 030203 -03 This memorandum is in reply to the attached Request for Legal Services. You have asked that I review a proposed Property Management Agreement between the Collier County Airport Authority and Global Manufacturing. REPLY: As you have written in your memorandum of November 20, 2002, addressed to Bob Tweedie, Global Manufacturing is already required by its promises, as contained in the Participating Party Agreement, to create at least 22 jobs, provide necessary training, hire at least one employee from the State's WAGES Program, maintain all aspects of the building and obtain required insurance. You also wrote that because of these contractual responsibilities, Global's role is that of a property manager with significant other duties.. Whatever "significant other duties" Global needs to perform to fulfill its already existing contractual obligations must be performed without any additional consideration from the Airport Authority. The Airport Authority cannot lawfully pay to Global any additional consideration or grant any credit or off -set except to the extent, if any, that Global is thereby to be compensated to do things that are not already included within its obligations as Global has promised in the Participating Party Agreement. cc: David C. Weigel, County Attorney h:tcp /memo /02/ Property Management Agreement 2 -11 -03 1611 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. IV -B MOSQUITO CONTROL LEASE — IMMOKALEE BULK STORAGE HANGAR ADMINISTRATIVE Summary: Previously the Authority authorized staff to negotiate a lease with the Collier County Mosquito Control district for the Immokalee bulk storage hangar. Staff has negotiated a lease with Mosquito Control for the hangar (attached) which has been reviewed by the County Attorney's office. Impact on Master Plan: None Fiscal Impact: The Authority will receive annual rent in the amount of $15,120 for the facility. Recommendation: That the board approve and authorize the Chairman to execute said lease. o���v A'RPO* w4G. r O J � °v COLLIER MOSQUITO CONTROL DISTRICT SUBLEASE OF THE BULK STORAGE HANGAR AND LICENSE OF USES AGREEMENT IMMOKALEE REGIONAL AIRPORT FOR THE FOLLOWING PRIMARY NON - COMMERCIAL AERONAUTICAL ACTIVITIES: MOSQUITO CONTROL ACTIVITIES V: Leases / Immokalee /MosquitoControl /3 -3 -03 Mosquito Control 1 K 16 11 TABLE OF CONTENTS ARTICLE ITEM PAGE ARTICLE I TERM OF SUBLEASE 5 ARTICLE II SUBLEASED PREMISES 5 ARTICLE III RENT AND FEES 9 ARTICLE IV EXCLUSIVE RIGHTS 11 ARTICLE V OBLIGATIONS OF AUTHORITY 11 ARTICLE VI OBLIGATIONS OF SUBTENANT 12 ARTICLE VII SUBTENANT'S IMPROVEMENTS 17 ARTICLE VIII MAINTENANCE 18 ARTICLE IX ASSIGNMENT AND SUBSUBLETTING 19 ARTICLE X SURRENDER OF PREMISES 20 ARTICLE XI INDEMNIFICATION AND INSURANCE 21 ARTICLE XII CONCESSIONS EXCLUDED 25 ARTICLE XIII CONTRACTS TO OTHERS 26 ARTICLE XIV VENDING MACHINES 26 ARTICLE XV TRADE FIXTURES 26 ARTICLE XVI GOVERNMENT INCLUSION 27 ARTICLE XVII RULES AND REGULATIONS 30 ARTICLE XVIII TITLE TO IMPROVEMENTS 31 ARTICLE XIX EARLY TERMINATION AND RELETTING 31 ARTICLE XX NOTICE OF TERMINATION 32 ARTICLE XXI NON - WAIVER OF RIGHTS 32 ARTICLE XXII SURRENDER OF POSSESSION 33 ARTICLE XXIII INSPECTION OF PREMISES 33 ARTICLE XXIV HOLDING OVER 34 ARTICLE XXV NO LIENS 34 ARTICLE XXVI HAZARDOUS SUBSTANCES 35 K ARTICLE XXVII WAIVERS ARTICLE XXVIII ARTICLE XXIX ARTICLE XXX ARTICLE XXXI ARTICLE XXXII ARTICLE XXXIII ARTICLE XXXIV AGENT FOR SERVICE OF PROCESS WAIVER OF CLAIMS HEADINGS CONSTRUCTION AND SAVINGS LAND RADIATION EMISSION STANDARDS NOTICES CANCELLATION 3 1 37 37 37 37 38 38 39 SUBLEASE OF BULK STORAGE HANGAR AND LICENSE OF USES THIS SUBLEASE OF THE BULK STORAGE HANGAR AND LICENSE USES AGREEMENT, made this lat day of April, 2003. between COLLIER COUNTY AIRPORT AUTHORITY, a public body established under County Ordinance No. 93 -36 and affirmed by County Ordinance No. 95 -67, with offices at 2003 Mainsail Drive, Naples, Florida, 34114, (hereinafter referred to as "AUTHORITY ") and Collier Mosquito Control District, whose mailing address is 600 North Road, Naples, Florida 34104 -3464 ( "SUBTENANT"). W I T N E S S E T H WHEREAS, Authority is responsible for operation and maintenance of Immokalee Airport, owned by and located in the County of Collier, State of Florida, ( "AIRPORT "), and WHEREAS, Authority leases the Airport from Collier County and deems it advantageous to itself and to its operation of the Airport to enter into this Agreement to sublease the subject real property and other facilities, if any, that are described herein, together with the license of privileges and uses specified herein, as hereinafter set out, and WHEREAS, Subtenant is involved in Mosquito Control Aeronautical Activity, and WHEREAS, the parties hereto hereby enter into a Sublease for the Bulk Storage Hangar and to license specified privileges and uses upon said facility at the Airport, and WHEREAS, as used herein the words "Collier County" and the "County of Collier" are used interchangeably and no distinction is intended of should be inferred; and 4 TJ l WHEREAS, as used herein any power or authority then deleglb to the Executive Director of the Authority or his /her designee, may be performed on behalf of the Authority by the Executive Director and /or his /her designee without the inclusion in the respective provision herein of any phrase such as the "Authority's agent" or "designee ", etc. NOW, THEREFORE, in consideration of the premises and the mutual covenants and promises hereinafter contained, the parties hereto hereby agree as follows: ARTICLE I TERM OF SUBLEASE The term of this Agreement shall be for five (5) years. Said term and rent, fees and charges shall have an effective "commencement date" of April 1, 2003. ARTICLE II SUBLEASED PREMISES A. Description of Subleased Premises 1. Authority, in consideration of the compensations, covenants, and provisions set forth herein to be kept and performed by the Subtenant, does hereby sublease unto Subtenant upon the provisions hereinafter set forth, all of which the Subtenant accepts, the Subleased Premises described on Exhibit "A" and "A -1" which are attached hereto and are a part hereof. Authority also licenses subtenant, subject to the conditions specified in each respective license, to conduct the specified licensed Commercial Aeronautical 5 16 Activities on the parts of the airport that are specifical y described in Section B herein, "Privileges, Use, and Rights ". 2. The Subtenant may enjoy, along with the public, the authorized use of all public airport facilities and improvements of a public nature which are now or may hereafter connected with or appurtenant to said Airport, except as hereinafter provided, to be used by Subtenant as specifically defined herein under Section B, "Privileges, Use, and Rights ". 3. "Public Airport Facilities" includes all necessary landing area appurtenances, including, and not limited to, approach areas, runways, taxiways, aprons, aircraft, and automobile parking areas, roadways, sidewalks, navigational and navigational aids, lighting facilities, or other public things appurtenant to said Airport for so long as they exist and are available to the use of the public. 4. The sublease of the premises and the grant of the license and its acceptance by Subtenant is conditioned upon all of the following: a) No functional alteration of the Subleased Premises or change in any use of such premises shall be made without prior written approval of Authority. b) The privilege to use said public Airport facilities in common with others authorized to do so shall be exercised only subject to and in accordance with the laws of the United States of America, the State of Florida, County of Collier, and all rules and regulations promulgated by their authority, and in accordance with all applicable rules, regulations, and ordinances of Collier County, now in force or hereafter prescribed or promulgated. 31 B. Privileges, Uses and Rights 1611 In addition to the general privileges and uses attaching to the Subleased Premises herein, (as described) and without limiting the generality thereof, only the following specific privileges and uses are licensed to the Subtenant: 1. Licensee shall conduct the following Aeronautical Activities consistent with Authority adopted Minimum Standards as may be amended throughout the entire term of this Agreement: a. Mosquito Control Aeronautical Activity 2. The following Commercial Aeronautical Activities are specifically prohibited to Subtenant: a. Sale of aircraft fuel. b. Rental of ramp space to others. c. Rental of hangar space to others. d. Any other activity not specifically authorized by this agreement. 3. Subtenant may be permitted to operate a Fuel Farm to fuel only its own aircraft subject to and only after entering into a separate "Operating Agreement" with the Authority covering such activity and operations, which agreement is subject to this Agreement. 4. The use, in common with other duly authorized users, of the common areas (as the same now exist or may hereafter be relocated, contracted, or extended) of the Airport, consisting of roadways, runways, taxiways, all aids of air navigation for the Airport, and all public areas (limited public forums) of the Airport consistent with all airport rules and regulations. 7 5. The privilege of ingress to and egress from the Sub ea edl Premises, over Airport roadways, including the use of common use roadways, subject to general law and such rules and regulations as may be established by Authority or Collier County. 6. The loading and unloading of aircraft to engage in any lawful commercial aviation activities authorized by this Agreement. 7. The operation and maintenance of facilities and improvements upon the Subleased Premises, for the purpose of carrying out any or all of the activities authorized herein; subject, to all provisions of this Agreement. 8. The right to install and operate appropriate identifying signs on the Subleased Premises provided that plans for the type, size, design, color, fabrication, location and operation of each such signs shall have been submitted to and expressly approved in writing by Authority prior to installation of the respective sign(s). 9. With reference to any hangars constructed on subleased premise as shown in Exhibit "A" and "A -1 ", said hangars are to be used for storage and /or maintenance of Subtenant's own aircraft only and /or aircraft actively being restored or maintained by Subtenant in accordance with Subtenant's authorized (licensed by the Authority) business, and then in no event shall any aircraft not owned by Subtenant be permitted in any such hangar for more than forty -five (45) days. 10. Tie downs (Ramp Space) shall be limited for use by Subtenant's own aircraft only and /or aircraft being actively 8 restored or maintained by Subtenant in accordance i Subtenant's authorized (Licensed by the Authority) Business. In no event shall aircraft not owned by Subtenant remain on Subtenant's tie -down (ramp) area for more than forty -five (45) days. 11. With reference to aviation fuel, Subtenant shall be permitted to conduct fueling operations to only aircraft owned by Subtenant. The dispensing of fuel shall be subject to an agreement for the operation of a Fuel Farm that is expressly approved and executed by the parties hereto. The full execution of said "agreement for the operation of a Fuel Farm" is a prerequisite for engaging in any fueling operations. A. Minimum Aeronautical Services To Be Provided By Subtenant: 1. Mosquito Control Aeronautical Activities ARTICLE III RENT AND FEES A. Subtenant shall pay to Authority the following Rent and Fees: 1. A Minimum Annual Sublease rental fee of $15,120.00. This Initial Rent is based on $3.50 per square foot applied to four thousand three hundred and twenty (4,320.00) square feet of hangar space, plus $ O.per square feet of land inclusive of an aircraft apron (6,000 Sq. Ft) , plus $ 0. per square feet of land inclusive of an automobile parking lot (2,849 Sq. Ft.) and $ 0. per square feet of land inclusive of Building Easement (11,850 Sq. Ft.) all referred to as "Subleased 2 MOMI, Premises" as shown on Exhibit "A" and "A -111, attached hereto and made a part hereof. B. without waiving any other remedy available to Authority in the event of default in payment of fees or rent hereunder, if the Subtenant is delinquent for a period of ten (10) days or more in paying to Authority any fee or rent payable to Authority pursuant to this Agreement, Subtenant shall pay to Authority a $30.00 late payment fee for each month, or part of any month, delinquent. This late payment fee in no way is a limiter on any other remedy available to Authority. C. The payments from Subtenant to Authority on all of the sums of money identified in paragraph A, above, shall be made as follows: 1. Annual Sublease rent shall be paid in equal monthly installments in advance without demand on the first day of each month, as annually adjusted as follows: Due Date Amount First Year April 1st, 2003 $ 15,120.00 Second year May 1st, 2004 15,575.00 Third Year May 1st, 2005 16,050.00 Fourth Year May 1st, 2006 16,525.00 Fifth Year May 1st, 2007 17,020.00 2. Payments of all rent and fees are to be paid in lawful money of the United States of America. D. Authority may fully audit Subtenant's books, records and /or receipts at any time for the purpose of verifying any terms agreed to hereunder. If, as a result of such audit, it is 10 1 11 6 .i established that Subtenant has violated any provisions agree to herein, this Agreement may be terminated immediately thereafter. ARTICLE IV EXCLUSIVE RIGHTS A. Nothing in this Agreement shall be construed to grant or authorize the granting of an exclusive right within the meaning of Section 308 of the Federal Aviation Act, (1958). B. The Subtenant shall have the exclusive use, during the term of this Agreement, of only that land area identified as the Subleased Premises on Exhibit A, attached hereto and made a part hereof. ARTICLE V OBLIGATIONS OF AUTHORITY Authority Covenants and Agrees: A. It has jurisdiction and power over the Subleased Premises and full right and authority to sublease the same to Subtenant as herein set forth, and that all things have happened and been done to make its granting of said sublease effective, and Authority warrants to the Subtenant peaceful possession and quiet enjoyment of the Subleased Premises during the term hereof upon faithful performance of Subtenant's covenants herein. B. That during the term hereof to operate and maintain the Airport and its public facilities as a public airport. C. That Authority does not assume any responsibility for maintenance, upkeep, or repair to keep the Subleased Premises 11 nnfi condition. except to the extel, 4 any, specifically provided for in this Agreement. D. That it shall maintain electrical utility service to those areas of the Airport not under sublease to Subtenant including, but not necessarily limited to, runway lights, runway navigational lights, rotating beacon, windsock, and taxiway lights. ARTICLE VI OBLIGATIONS OF SUBTENANT Subtenant Covenants and Agrees as follows:' A. The use and occupancy of the Subleased Premises by the Subtenant shall be without cost or expense to the Authority or Collier County. The Authority is not obligated to furnish any utility services, such as sewer, electricity, wastewater, water or gas to the Subleased premises or any other premises on the airport, person or entity. Subtenant shall be responsible for maintaining and furnishing water and all other utility services to the Subleased Premises. Subtenant shall pay all charges for providing utility services and for any meters for measuring such service. Subtenant shall provide adequate utility services to the Subleased Premises as determined by Authority. If it become necessary to make changes upon the Subleased Premises, such as, for example, wiring or similar installations, Subtenant will promptly make such changes and installations at its expense as directed and required by the respective utility company and /or by the Authority. 12 B. Subtenant shall at its own expense maintain the improvements and appurtenances thereto in a presentable condition consistent with good business practice, and will procure and keep in force during the term of this Agreement all necessary occupational licenses and permits as are then required by law or ordinance for the operation of each of Subtenant's business activities on the Subleased Premises. C. Subtenant shall cause to be removed at its own expense from the Subleased Premises all waste, garbage and rubbish, and shall not deposit same on any part of the Airport; except Subtenant may deposit same temporarily' on the Subleased Premises in connection with established collection or removal of all such items. D. Subtenant shall save the Authority and Collier County harmless from any and all costs or charges for utility services furnished to or available to Subtenant and from all other expenses of Authority as may be incurred in the operation and maintenance of the Subleased Premises. E. Subtenant shall maintain the Subleased Premises in an attractive manner, keep said Premises mowed and groomed, and shall not allow the accumulation of materials, parts, etc., on such premises. F. Subtenant will not suffer or permit to be maintained upon any improvements on the Subleased Premises any billboards or signs except those which may be specifically approved in writing by Authority. G. Subtenant accepts the Subleased Premises "as is" in their present condition and, without expense to Authority or Collier County, will repair and maintain the Subleased Premises and 13 6 .�: : installations thereon and remove or cause to be removed debris from the surrounding ground to the extent Authority may require. H. Subtenant and its patrons, invitees, and all others shall pay the field use charges as may be levied generally by the Authority directly upon the operation of aircraft, including fuel flowage fees. I. Subtenant shall conduct its business in a proper and first -class manner at all times and shall operate in harmony with all others on the Airport and will at all times operate with safety and with concern for others and in accordance with FAA Standards. J. Subtenant will pay rent and all other charges to the Authority at such times and places as the same are due and payable. K. Subtenant will pay all charges for water, gas, electric power, and sewerage service available to and /or consumed on the Subleased Premises during the term of this Agreement, at the regularly established rates as may change from time -to -time. L. Subtenant shall surrender the Subleased Premises upon the expiration of this Agreement in the condition in which it is required to be kept, excluding normal wear and tear. M. Subtenant will observe and comply with any and all requirements of the constituted public authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to Subtenant, including, but not limited to, rules and regulations promulgated from time -to -time by or at the direction of Authority. 14 N. Subtenant will pay all taxes assessed or imposed by any governmental authority, including Collier County, upon the Sublease or upon the building or other improvements and equipment erected, installed, or utilized on the Subleased Premises. Subtenant may contest such taxes, however, Subtenant shall do all that is necessary to prevent a tax lien or tax certificate from being placed on the Subleased Premises or the leasehold estate during such contest, or otherwise. O. Subtenant will comply with all laws of the United States of America, of the State of Florida, of County of Collier, including ordinances, as then amended, zoning regulations and all other requirements of the Authority. P. Subtenant shall use the Subleased Premises only for the uses hereinbefore described, unless it receives prior express written consent of Authority to use the premises for such other purpose(s), by amendment to this agreement. Q. Subtenant shall allow Authority free access to the Subleased Premises at all reasonable times for the purpose of examining same to investigate whether all provisions of this Agreement are being done and performed by Subtenant. Authority shall have the right to enter any building or structure on the Subleased Premises at any time in the event of an emergency. The determination of an emergency shall be at the sole discretion of Authority. R. At the termination of this Agreement by lapse of time or otherwise, Subtenant shall yield up and surrender immediate possession of the Subleased Premises to Authority; upon failure to do so Subtenant shall thereafter automatically be a tenant at sufferance. This Agreement shall not be construed 15 M— as a waiver by Authority of any right of re -entry as has been hereinbefore provided, nor shall the receipt of rent of any part of rent and /or any other act(s) in apparent affirmance of the tenancy operate as a waiver of Authority's rights to declare this Agreement terminated. The term hereby granted shall be at an end for the period remaining still un- expired by reason of any subsequent breach of any provision herein contained. S. Authority shall have a specific lien on all merchandise and property of Subtenant, including goods, chattels, fixtures, inventory and equipment of Subtenant ' brought upon the Subleased Premises at any time. The lien shall be security for the payment of rent and the performance of any obligation of Subtenant, which specific lien shall be in addition to any other landlord's lien as is now or may hereafter provided for under the laws of the State of Florida. Any such lien may be foreclosed in equity in the same manner as a mortgage lien. T. Subtenant will not construct any building or structure without prior approval of Authority, or allow any object of natural growth to exceed a height of twenty (20) feet. In addition, Subtenant shall not otherwise be in violation of the height limitations or restrictions now in effect or from time -to -time made and enacted by Authority, the United States of America, the State of Florida, or the County of Collier. Subtenant shall not allow any installation or operation, including any electronic device, which in any way interferes with the safe conduct of the flight of aircraft at or near the Airport. Subtenant shall make no use of the Airport which in any way interferes with the safe conduct of the Airport or any 16 aircraft operation. Authority will make all determination to whether or not such interference does or might exist in the use or occupation of the said Area at or near the Airport. U. The Subleased Premises are in a location near which aircraft will operate at low altitudes. Subtenant hereby waives any claims, demands, losses, damages, liabilities, or causes of action of every kind, character, or nature which it has or may have against Authority and /or Collier County by virtue of said aircraft, flying over, landing or taking off from, or otherwise using the Airport, including noise, vibration, fallout, or other thing in connection therewith. ARTICLE VII SUBTENANT'S IMPROVEMENTS A. Acceptance of Premises Subtenant accepts the Subleased Premises in their present condition "as is" subject to and including all defects, latent and patent, and, without expense to Authority or Collier County, shall repair and maintain any installations thereon and remove or cause to be removed any debris, buildings, or improvements to the extent required for Subtenant's use thereof or as otherwise required by Authority. b. Alterations, Future Improvements and Repairs During the term hereof, Subtenant shall have the right, subject to approval of Authority and Collier County permitting procedures and process, to install or erect additional, structural and other improvements on the Subleased Premises, or to alter, change or make other improvements in the Subleased Premises; provided, however, that improvements do 17 loll "1 not conflict with the current use and future development of the Airport and that all such alterations or improvements shall be commenced only after proper plans and specifications thereof have been submitted to and approved in writing by Authority and Collier County through the permitting process, and Subtenant has obtained in writing an Authority authorization to commence work. ARTICLE VIII MAINTENANCE A. This Agreement in every sense shall be *without cost to the Authority for the development, maintenance and improvement of the Subleased Premises or any part thereof. All improvements and facilities placed thereon shall be maintained by Subtenant at no cost or expense to the Authority or Collier County. Notwithstanding anything in this lease to the contrary, Subtenant shall not be liable for any capital improvement to the Subleased Premises, nor shall it be liable for roof repair, painting, landscaping, resurfacing, repair or replacement of capital improvements. B. All costs and expenses set forth in this section are in addition to the rent and fees to be paid for the Subleased Premises or any part thereof. 1. Subtenant shall, without cost to Authority, maintain the Subleased Premises and every part thereof in good appearance, repair, and safe condition, consistent with good business practice. Subtenant shall repair all damage to the Subleased Premises caused by its employees, patrons, invitees, permitees, contractors, laborers, suppliers, etc., or its 18 operation thereon; and shall maintain and repair 1a6 1 improvements thereon including drainage installations, paving, curbs, islands, buildings and all other improvements. All such maintenance, repairs, and replacements shall be of quality equal to the original in materials and workmanship, and all exterior paint colors shall be submitted to and approved in writing by Authority prior to application. 2. Authority shall be the sole judge of the quality of maintenance. Authority and its designee(s) may at any reasonable times, without prior notice, enter upon and into the Subleased Premises and any part thereof to determine if maintenance is satisfactory to Authority. If it is decided by Authority or its designee that maintenance is not satisfactory, Authority shall notify Subtenant in writing of the required changes and /or corrections. If said required changes and /or corrections are not performed by Subtenant within fifteen (15) days or other longer specified time after receipt of written notice, Authority or its designees, agents, or independent contractors may perform such maintenance, and Subtenant agrees to promptly reimburse the Authority for the cost thereof, plus an additional ten percent (10 %) thereof to pay for administrative overhead. ARTICLE IX ASSIGNMENT AND SUBLETTING The operations of the Subtenant hereunder are in the performance of functions which are in the public interest and in furtherance of general aviation activities at the Airport. 19 Authority is endeavoring to provide to the public the highest possible level of general aviation services and facilities. It is, therefore, necessary that Subtenant's operations be subject to continuing scrutiny by Authority, and that Subtenant must always operate at the Airport in a businesslike fashion, efficiently and with courtesy to the public. Authority has the right to review and approve the manager who runs the day -to -day operations of the facilities of the Subtenant. If Authority becomes dissatisfied with said manager's performance, Authority shall so notify Subtenant in writing and Subtenant shall remedy any problems identified by Authority, including but not limited to possible replacement of said manager with a new manager acceptable to Authority within thirty (30) days of notification of dissatisfaction of said manager's performance. Subtenant may sub - sublease part of the premises or improvements thereon, but any such sub - sublease must be approved first by Authority and may only be for specifically approved airport purposes allowed in the sublease approval process or any aviation business so approved and in connection with aviation uses being conducted on the Subleased Premises by Subtenant. No sub - sublease shall in any way expand any existing use or add any additional use. ARTICLE X SURRENDER OF PREMISES A. In the event that under the laws of the United States and /or the State of Florida, the interest of the Authority in the Subleased Premises shall cease, Authority shall not be 20 am- liable for any damage whatsoever to the Subtenant beyond the amount of rent reserved in this Agreement for the period of time that the Subtenant shall be deprived of the use and occupancy of the Subleased Premises; moreover Authority shall not incur any liability by reason of the happening of any such event beyond the loss of rent while the Subtenant is deprived of the use and occupancy of the Subleased Premises or any part thereof. B. The Subleased Premises shall be vacated, surrendered up and delivered to the Authority at the expiration of the term of this Agreement, or at any other date that the Agreement may be terminated by reason of any provision of this Agreement or otherwise, in good condition, and in the same state of repair and condition of the buildings at the original commencement date of this agreement, normal wear and tear excepted. ARTICLE XI INDEMNIFICATION AND INSURANCE A. Subtenant agrees to indemnify fully and save and hold harmless Collier County, Authority, and their officers, agents, and employees from and against all losses, damages, claims, liabilities, and causes of action of every kind or character and nature as well as costs and fees, including reasonable attorney's fees connected therewith including any and all appeals, and the expense of the investigation thereof, based upon or arising out of damages or injuries occurring on the Subleased Premises to any and all third persons or their property. Authority shall give Subtenant prompt and reasonable notice of any such claim or action. Subtenant 21 shall have the right to investigate, compromise, and defend the same to the extent of its own interest. B. During the entire term of this Agreement, Subtenant shall provide, pay for, and maintain the types of insurance described herein, with insurance companies that are satisfactory to the Authority. All insurance shall be from responsible companies duly authorized to conduct the respective insurance in the State of Florida and /or responsible risk retention group insurance companies registered with the State of Florida. All liability policies shall provide that the Authority and the County of Collier as additional insured as to the uses of the leased estate by Subtenant under this Agreement and shall also provide the Separation of Insured Provision. Prior to execution of this Agreement by Subtenant, the specified insurance coverage's and limits required must be evidenced by properly executed Certificates of Insurance on the forms which are deemed acceptable by Authority. The Certificate must be personally and manually signed by the authorized representative of the insurance company shown in the Certificate with proof that he /she is authorized to execute same. In addition, certified, true, and exact copies of all required insurance policies shall be provided to Authority on a timely basis, if requested by Authority. Thirty (30) days' written notice by registered or certified mail shall be given to the Authority's/Sub- lessor's Executive Director of any cancellation, intent not to renew, or reduction in the policy's coverage's, except in the application of the Aggregate Limits Provisions. In event of any reduction of any Aggregate Limit, Subtenant hereby agrees 22 to immediately take whatever steps are needed to have 1h6 prior aggregate limit reinstated. All insurance coverage's of Subtenant shall be primary to any insurance or self - insurance program carried by Authority or the County of Collier. The acceptance of and delivery to Authority of any Certificate of Insurance evidencing the insurance coverage's and limits required in the Agreement shall not constitute approval or agreement by Authority that these insurance requirements have been met or that the insurance policies shown in the Certificates of Insurance are in compliance with these requirements. No activities by or on behalf of Subtenant shall commence anywhere on the Subleased Premises unless and until the required Certificates of Insurance under this Agreement are in effect and are physically delivered and approved by the Authority. The insurance coverage's and limits required of the Subtenant under this Agreement are designed to meet the minimum requirements of Authority. The insurance coverage and limits required of Subtenant under this Agreement are designed to meet the minimum requirements of the Authority. They are not designed as a recommended insurance program for the Subtenant. The Subtenant alone shall be responsible for the sufficiency of its own insurance program. Should the Subtenant have any questions concerning its exposures to loss under this Agreement or the possible insurance coverage's needed therefore, it should seek professional assistance. If any general liability insurance policy required herein is to be issued or renewed on a "claims made" basis or form, as distinguished from a "occurrence" basis or form, the retroactive date for coverage shall be no 23 later than the initial commencement date of this A g reeme shall provide that in the event of cancellation or non - renewal, the discovery period for insurance claims (tail coverage) shall be unlimited. Subtenant, without expense to Authority or Collier County, shall obtain and cause to be kept in force at all times during the term of this Agreement liability insurance issued by a company or companies acceptable to Authority for the following types and minimum amounts of coverage: 1. Workers' Compensation and Employees' Liability Insurance shall be maintained by the Subtenant for all employees in accordance with the laws of the State of Florida. The limits of coverage shall not be less than: Workers' Compensation - Florida Statutory Requirements. Employers' Liability - $100,000 Limit Each Accident. $500,000 Limit Disease - Aggregate. $100,000 Limit Disease - Each Employee. 2. Aircraft Liabilitv Insurance Bodily Injury and Property Damage Liability - $500,000 Combined Single Limit Each Occurrence. 3. General Liability Insurance shall always be maintained by the Subtenant to cover its operations under this Agreement, including, but not limited to, personal injury, contractual for this contract, and broad form property damage coverage. The limit of coverage shall not be less than: Bodily Injury and Property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 4. Automobile Liability Insurance shall be maintained by the Subtenant as to the ownership, maintenance, and use of all 24 M. I owned, non - owned, leased, or hired vehicles with limits of not less than: Bodily Injury and Property Damage Liability - $1,000,000 Combined Single Limit Each Occurrence. 5. Herbicide and Pesticide Ground Application Insurance $1,000,000 Combined Single Limit Each Occurrence. C. The above insurance, other than Workers' Compensation and Employers' Liability Insurance, shall exclude Authority's and Collier County's insurance, and shall include Authority and the County of Collier as additional insured's under the policies as to the operations of the Subtenant under this Agreement. The naming of Authority and the County of Collier as additional insured's in such policies of insurance shall not thereby cause the Authority or the County of Collier to be deemed a partner, joint venturer, or any other relation other then landlord /tenant with the Subtenant regarding its business and other activities conducted on the Airport, or otherwise. D. Said policies of insurance shall be performable in Collier County, Florida, and shall be construed in accordance with the laws of the State of Florida. ARTICLE XII CONCESSIONS EXCLUDED It is specifically agreed and stipulated that the following concessions and the establishment thereof are excluded from this Agreement, to -wit: 1. Food sales. 2. News and sundry sales. 25 3. Advertising concessions. 4. Car rental. 5. Sale of non - aviation products. 16 6. Provision or supply of any other product or service not specifically identified as authorized in this agreement. ARTICLE XIII CONTRACTS TO OTHERS There is no restriction or limitation whatsoever on Authority subleasing or renting of land, hangars, or any other improvements on terms different from those set forth herein. The Subtenant shall not sublease or rent the subleased premises to others without the expressed written consent and approval of Authority. Any such attempt shall be void. ARTICLE XIV VENDING MACHINES Prior expressed written approval from Authority is required before Subtenant shall be permitted to furnish and operate any vending machines. Authority reserves all rights to control the scope, extent, duration, (but not location) of any such machines, if vending machine approval is given by Authority. ARTICLE XV TRADE FIXTURES Subtenant shall, without cost to Authority, furnish and install all furniture, fixtures, draperies and equipment necessary to conduct its operation in a reasonable manner; the same are referred to herein as "Trade Fixtures ". All Trade 26 11 be safe of high quality, be fire resistant+; Fixtures shall 9 q y, attractive in appearance. If specified herein, Authority may require specific written approval of the Authority prior to installation, which written approval shall not be unreasonably withheld. Subtenant has rights to grant security interests, liens or encumbrances against said Trade Fixtures as needed to purchase same. ARTICLE XVI GOVERNMENT INCLUSION A. The Subleased Premises and the Airport. are subject to the terms of those certain Assurances made to the Government of the United States to guarantee the public use of the Airport as incidental to existing or future grant agreements as amended between Authority and /or Collier County, and the United States of America. Authority has no reason to believe that any provision of this Agreement violates any of the provisions of such Assurance Agreements. B. Nothing contained in this Agreement is intended to or shall be construed to grant or authorize the granting of any "exclusive right" within the meaning of Section 308 of the Federal Aviation Act of 1958. C. It is further covenanted and agreed that Authority reserves the right to further develop and /or improve the existing Airport and any additions thereto, including all landing areas and taxiways, as the Authority may deem fit, without heeding the desires, views or objections of Subtenant and without interference or hindrance; provided, however, that such development or improvement does not unreasonably adversely 27 11 =,I, ��' affect Subtenant's use and occupancy of the subleased Premises under this Agreement. D. This Agreement is and shall be subordinate to the provisions of any existing or future agreement between Authority, Collier County and /or the United States of America, or any Boards, Agencies, or Commissions of any of them relative to the operations or maintenance of the Airport, the execution of which has been or may be required as a condition precedent to the expenditure of Federal funds on the development of the Airport or otherwise, and this Agreement is and will probably always be subordinate. to the license or permit of entry which may be granted by the Secretary of Defense of the United States. E. Subtenant for itself, its successors and assigns, as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that (1) no person on the grounds of race, color, sex or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Subleased Premises, that (2) in the construction of any improvements on, over or under said Premises and the furnishing of services thereon, no person on the grounds of race, color, sex, or national origin shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; and that (3) Subtenant shall use said premises always in full compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination of 28 Federally- assisted Programs of the Department, &4 1 Transportation- Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended from time -to -time. F. In the event of breach of any of the above non - discrimination covenants, Authority shall have the immediate right to re -enter any part or all of said Premises and said Premises shall thereupon revert to and vest in and become the absolute property of Authority or its assigns. This reverter provision shall not be finally effective until, at the election of Subtenant, the procedures of Title 49, Code of the Federal Regulations, Part 21, are followed and completed, including exercise or expiration of Subtenant's appeal rights there under. G. To the extent applicable to Subtenant, Subtenant will undertake action as required by 14 CFR Part 152, Subpart E, if necessary to insure that no person shall on the grounds of race, creed, color, national origin or sex, be excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Subtenant expressly agrees that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by said Subpart. Subtenant will require that its covered sub - organizations, if any, shall provide assurances to Subtenant that they similarly will undertake required action and that they will require assurances from their sub - organizations, if any, as required by 14 CFR Part 152, Subpart E, to the same effect. 29 H. If and when the Federal Aviation Administration, I J successor, requires modifications or changes in this Agreement as a condition to granting of funds for any improvements of the Airport, Subtenant hereby irrevocably consents to such amendments, modifications, revisions, supplements, or deletions of any provision(s) of this Agreement as may be reasonably required to obtain such funds; provided, however, Subtenant does not agree to an increase in the rent provided for hereunder or to any change in any use(s) (use licensed by Authority hereunder) to which Subtenant has then actually put the Subleased Premises; and Subtenant does not consent to any forced reduction in the physical size of the boundaries of the Subleased Premises. ARTICLE XVII RULES AND REGULATIONS Subtenant shall observe and obey all rules and regulations not conflicting with any provision and purpose of this Agreement as may now exist or may be promulgated from time -to -time by Authority. Authority agrees that any rules and regulations so promulgated and as applied to Subtenant shall not be inconsistent with any constitution, law, rule, or regulation of the State of Florida or the United States of America, or any agency thereof having jurisdiction over Collier County, Authority or the Airport. 30 .n ARTICLE XVIII 1611, TITLE TO IMPROVEMENTS Title to all improvements constructed or installed on the Subleased Premises by or on behalf of the Subtenant shall at all times during the term of said Agreement remain in the Subtenant. Upon termination of this Agreement by any means all improvements may, at the sole option of the Authority, become the property of Authority. If the Authority does not want the improvements to become the property of the Authority, Subtenant shall remove all improvements and restore the leased facility to its original condition as of the commencement date of this Agreement. ARTICLE XIX EARLY TERMINATION AND RELETTING Should there occur an early termination of this agreement as the result of the Subtenant's default hereunder, Authority shall have the right to re -enter the Subleased Premises, make necessary repairs, and relet the Subleased Premises or any part thereof for the remainder of the term hereof, and receive any rent therefore. In the event of such early termination, Subtenant shall remain liable to Authority for the full amount of said total rent for the entire term of this Agreement and shall continue to pay said monthly rentals and all fees (see Article V) or such part thereof that remain unpaid after the application of all rents and fees collected by Authority from the new occupant then occupying the Subleased Premises or any part thereof. Subtenant shall remain liable for and shall 31 1611- make such payments whether the Subleased Premises remain vacant or shall have been relet, in whole or in part. ARTICLE XX NOTICE OF TERMINATION If any breach of this Agreement by Subtenant shall occur and after due notice of termination from the Authority to Subtenant, and Subtenant fails to cure or correct same if curable or correctable, the Authority may, at any time thereafter during the continuance of said default, terminate this Agreement by such notice to Subtenant as required by law, such cancellation and termination to be effective upon the date specified in such notice. In the event of any breach of this Agreement, which includes any Rule or regulation anywhere referred to herein, Authority shall give Subtenant notice as required by law to correct any such breach, and if such breach shall continue for thirty (30) days after such notice, Authority may, after the lapse of said thirty (30) day period, cancel this Agreement without forfeiture, waiver or release of any of Authority's rights to any sum of money due or to become due under any provision of this Agreement, or otherwise. ARTICLE XXI NON - WAIVER OF RIGHTS Continued performance by either party hereto pursuant to any provision of this Agreement after a default of any provision herein shall not be deemed a waiver of any right to cancel this Agreement for any subsequent default, and no waiver of 32 16 any such default shall be construed or act as a waiver of any subsequent default. ARTICLE XXII SURRENDER OF POSSESSION In addition to Article X herein, Subtenant agrees to yield and deliver to Authority full possession of the Subleased Premises herein at the termination of this Agreement, by expiration or otherwise, or of any renewal or extension hereof, in good condition in accordance with its express or implied obligations hereunder, except for ordinary wear and tear. Subtenant shall have the right, within ninety (90) days after the termination hereof, to remove all of its Trade Fixtures and equipment installed or placed by it at its own expense in, on or about the Subleased Premises, subject, however, to any lien which Authority may have thereon for unpaid rents, fees or because of any other breach of any provision of this Agreement by Subtenant, such as failure to properly maintain any part of the Subleased Premises, in which event Authority shall have the right to immediate possession. ARTICLE XXIII INSPECTION OF PREMISES Authority or its duly authorized representatives, agents, and other persons for it, may enter upon said Subleased Premises at anytime such premises are open for business or other operations, and at any and all other reasonable times to investigate whether or not Subtenant is complying with all provisions of this Agreement, or for any other purpose 33 1611 incidental to rights or interests of Authority or Collier County. ARTICLE XXIV HOLDING OVER Should Subtenant hold over the Subleased Premises, or any part thereof, after this Agreement has been terminated in any manner, by such holding over Subtenant shall thereby automatically become a tenant at sufferance and, subject to statutory limitations, if any, at a rental to be determined by Authority, payable in advance, but otherwise on the same provisions as herein provided. ARTICLE XXV NO LIENS Subtenant shall pay for all labor done or materials and /or supplies furnished in the repair, replacement, development, or improvement of the Subleased Premises by Subtenant or on Subtenant's behalf, and shall keep said Premises and all of Subtenant's interests therein free and clear of any lien or encumbrance of any kind whatsoever created by Subtenant's act (s) or omissions) . ARTICLE XXVI HAZARDOUS SUBSTANCES Except as consistent with the usual practices of the proposed operation and subject to the requirements of the County of Collier, no tangible property shall be kept, stored or sold within or on the Subleased Premises or otherwise on the 34 Airport 10611 p t which are explosive or hazardous; and no offensive dangerous trade, business or occupation shall be carried on therein or thereon. ARTICLE XXVII WAIVERS No waiver by Authority and /or Collier County, at any time, of any provision of this Agreement, or noncompliance therewith, shall be deemed or taken as a waiver, then or thereafter, of the same or any other provision herein contained, nor of the strict and prompt performance thereof by Subtenant. No delay, failure, or omission of Authority to re -enter the Subleased Premises or to exercise any right,-power, privilege, or option arising from any default nor subsequent acceptance of rent then or thereafter accrued, shall impair any such right, power, privilege, or option or be construed to be a waiver of any such default or relinquishment thereof, or acquiescence therein. No notice by Authority shall be required to restore or revive time as of the essence hereof after waiver by Authority or default in one or more instances. No option, right, power, remedy, or privilege of Authority shall be construed as being exhausted or discharged by the exercise thereof in one or more instances. It is agreed that each and all of the rights, power, options, or remedies given to Authority by this Agreement are cumulative and no one of them shall be exclusive of the other or exclusive of any remedies provided by law or equity, and that the exercise of one right, power, option, or remedy by Authority shall not impair its rights to any other right, power, option, or remedy. 35 161 ARTICLE XXVIII AGENT FOR SERVICE OF PROCESS It is expressly agreed and understood that if Subtenant is ever not a resident of the State of Florida, or is ever an association or partnership without a member or partner resident of Florida, or is a foreign corporation, then in any such event Subtenant does automatically designate the Secretary of State of the State of Florida, as Subtenant's agent for the purpose of service of process in any court action between it and Authority and /or Collier County arising out of or based upon this Agreement, and the service shall be made as then provided by the laws of the State of Florida for service upon a non - resident. It is further expressly agreed, covenanted, and stipulated that if for any reason service of such process is not possible, and as an alternative method of service of process, Subtenant may be personally served with such process out of Florida, by the registered mailing of such complaint and process to Subtenant at the address set out hereafter in this Agreement and that such service shall constitute complete, valid and fully effective service upon Subtenant as of the date of mailing; and Subtenant shall have thirty (30) days from date of mailing to actually deliver to Authority its response thereto. It is further expressly agreed that Subtenant is amenable to and hereby agrees to the process so served, submits to the jurisdiction and waives any and all obligation and protest thereto, any laws to the contrary notwithstanding. 36 ARTICLE XXIX 16 1 �4 WAIVER OF CLAIMS Subtenant hereby waives all claims against Authority, County of Collier, the State of Florida, and the Government of the United States, and all officers, agents, or employees of any of same, for loss of anticipated profits caused by any suit or proceedings directly or indirectly attacking the validity of this Agreement or any part thereof, or by any judgment or award in any suit or proceeding that may declare this Agreement null, void, or void able, or delaying the same, or any part hereof, from being carried out. ARTICLE XXX HEADINGS The article and paragraph headings throughout this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope or intent of any provision of this Agreement. ARTICLE XXXI CONSTRUCTION AND SAVINGS This Agreement shall be construed in accordance with the laws of the State of Florida. If any provision contained in this Agreement is held to be invalid by any court of competent jurisdiction or otherwise appears to Subtenant and Authority to be invalid, such invalidity shall not affect the validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of any such provision does not materially prejudice either Authority or 37 Subtenant in its respective rights and obligations g g bons contained in the remaining valid provisions of this Agreement. Wherever approval or consent of Authority or Subtenant is required under this Agreement such shall not be unreasonably withheld, nor shall Authority or Subtenant impose unreasonable conditions to such approval or consent. ARTICLE XXXII LAND RADIATION EMISSION STANDARDS In accordance with Section 404.056 (7), Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hereby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may present health risks to persons who are exposed to it over time. Levels of radon that exceed federal and /or state guidelines have been found in some buildings in Florida. Additional information regarding radon and radon testing may be obtained from the Collier County public- health unit. ARTICLE XXXIII NOTICES Except as allowed by law with respect to certain notices in ARTICLE XXVIII, herein, all notices provided for in this Agreement shall be in writing. Any notice required to be served upon Subtenant other than by publication may be served upon it at: 38 600 North Road, Naples, FL 34104 Provided, however, that if Subtenant shall give notice in writing to Authority of any change in either or both of said addresses, then and in such event such notice, if written, shall be given to Subtenant at one of the substituted addresses. Any notice permitted or required to be served upon Authority may be served upon it at: Collier County Airport Authority 2003 Mainsail Drive Naples, FL 34114 Attention: Executive Director Provided, however, that if Authority shall give notice in writing to Subtenant of any change in said address, then in such event such notice shall be given to Authority at such substituted address. Any notice served by mail may be by registered mail, certified mail, or regular mail. ARTICLE XXXIV CANCELLATION A. Cancellation by Subtenant. Provided that the Subtenant is not in default under this Agreement, Subtenant may cancel this Agreement and terminate all of its obligations hereunder upon sixty (60) days' advance written notice to the Authority. B.Cancellation by Authority. Unless prohibited by law, Authority may cancel this Agreement and terminate all of its obligations hereunder at any time upon or after the happening of any of the following events: 1. Subtenant shall file a voluntary petition in bankruptcy; or 39 2. Proceedings in bankr 1.6 g uptcy shall be instituted against Subtenant and Subtenant is thereafter adjudicated bankrupt pursuant to such proceedings; or 3. A court shall take jurisdiction of Subtenant and its assets pursuant to proceedings brought under the provisions of any federal reorganization act; or 4. A receiver of Subtenant's assets shall be appointed; or 5. Subtenant abandons conducting its operations at the Subleased Premises; or 6. Any assignment is made by Subtenant for the benefit of its creditors; or 7. The breach by Subtenant of any provision herein contained and the failure of Subtenant to remedy such breach, including nonpayment of fees or charges when due. IN WITNESS THEREOF, the parties hereto have signed this lease this 1st day of March, 2003. 40 ME ATTEST: COLLIER COUNTY AIRPORT AUTHORITY By: Robert Tweedie, Jr. Steve Price, Chairman Acting Executive Director Gail Hambright Collier Mosquito Control District By: (L. S. Dr. Frank Van Essen, Executive Director Signed in the presence of: FIRST WITNESS Print or Type Name SECOND WITNESS Print or Type Name Approved as to form and legal sufficiency: Thomas C. Palmer, Attorney for the Authority 41 � M-01 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. IV -C NOVEMBER 2002 FINANCIAL STATEMENTS ADMINISTRATIVE Summary: At the January 13, 2003 Authority meeting, the board voted not to accept the financial statements for the period ended November 30, 2002 (attached). The board directed staff to provide further analysis of the negative variance on the gross profit on fuel, specifically as related to the cost of goods sold. Staff has prepared the attached price — volume analysis that will be presented in further detail by the Authority's Director of Finance, Mr. Titus. Impact on Master Plan: None Fiscal Impact: None Recommendation: That the board review the analysis and accept the financial statements for the period ended November 30, 2002. - AIRPORT AUTHORITY 69,317 117,551 Operating Account (Fund 495) 69.6% Comparison of Actual to Budget 54,550 52,192 For the period ended November 30, 2002 -4.3% Current Month 8,908 For the Month of November 2002 3,991 Budget Actual Variance Expenses Income 174,660 41,885 Fuel sales 104,572 108,095 3,524 3.4% Less cost of sales 49,678 57,645 7,968 16.0% Gross profit 54,894 50,450 (4,444) -8.1% Rentals, leasing and other 30,983 31,460 476 1.5% Income 85,877 81,910 3,968 -4.6% Expenses Personnel services 69,317 117,551 48,234 69.6% Operating 54,550 52,192 (2,358) -4.3% Capital 8,908 4,917 3,991 -44.8% Expenses 132,775 174,660 41,885 31.5% Cost of Operations 46,898 92,750 45,853 97.8% Year -To -Date For the Two Months ended November 30, 2002 Annual Budget Actual Variance Budget Income Fuel sales 164,161 182,731 18,570 11.3% 1,123,700 Less cost of sales 79,375 99,866 20,491 25.8% 548,000 Gross profit 84,785 82,864 (1,921) -2.3% 575,700 Rentals, leasing and other 61,967 61,813 154 -0.2% 371,800 Income 146,752 144,677 (2.075) -1.4% 947,500 Expenses Personnel services 138,633 159,851 21,218 15.3% 831,800 Operating 90,917 90,134 (783) -0.9% 654,600 Capital 14,847 4,917 9,930 -66.9% 203,400 Expenses 244,397 254,902 10,505 4.3% 1,689,800 Cost of Operations 97,645 110,225 12,580 12.9% 742,300 Revenue reserve 74,800 Total -- General Fund Transfer 817,100 These financial statements have been derived from data contained in the Clerk of Court's Financial Management System. Adjustments have been made to give effect to prepayments and accruals in order to make the statements more meaningful on an interim basis. _ COMBINED PRICE- VOLUME ANALYSIS NOVEMBER 30, 2002 Vol variance -2,043 (AQ - BQ) 2.39 (BP) -4,886 1,561 (AQ - BQ) 2.38 (BP) 3,713 Price variance 0.20 (AP - BP) 41,673 (AQ) 8,410 0..211 (AP - BP) 70,568 (AQ) 14,857 3,524 18,570 COST OF SALES VARIANCES SALES VARIANCES CURRENT MONTH CURRENT MONTH YEAR -TO -DATE YEAR -TO -DATE AVGAS Gallons Unit Cost Total Unit Unit Cost Total Unit 11,980 (BQ) 13,166 (AQ) AVGAS Gallons Price Total Gallons Price Total Budgeted Actual 11,980 (BQ) 13,166 (AQ) 2.18 (BP) 2.45 26,108 22,119 (BQ) 2.18 (BP) 48,162 Difference 1,186 (AP) 32,300 24,719 (AQ) 2.41 (AP) 59,616 1.37 (BC) 13,166 (AQ) 1,620 3,064 2,600 (AQ - BQ) 6,192 2,600 11,454 Vol variance Price variance 1,186 (AQ - BQ) 0.27 (AP - BP) 2.18 (BP) 13,166 (AQ) 2,585 3,606 2,600 (AQ - BQ) 2.18 (BP) 5,662 4,684 0.23 (AP - BP) 24,719 (AQ) 5,792 6,192 11,454 Unit Unit JETA Budgeted Gallons 31,736 (BQ) Price 2.47 (BP) Total 78,464 Gallons 46,888 (BQ) Price 2.47 Total Actual Difference 28,507 (AQ) -3,229 2.66 (AP) 75,796 45,848 (AQ) (BP) 2.69 (AP) 115,998 123,115 -2,668 -1,040 7,117 Vol variance Price variance -3,229 (AQ - BQ) 0.19 (AP - BP) 2.47 (BP) 28,507 (AQ) -7,983 5,315 -1,040 (AQ - BQ) 2.47 (BP) -2,572 0.21 (AP - BP) 45,848 (AQ) 9,688 -2,668 7,117 SALES VARIANCES FOR AVGAS & JETA COMBINED CURRENT MONTH YEAR -TO -DATE Unit Unit Budgeted Gallons 43,716 (BQ) Gr Pft - 2.39 (BP) Total 104,572 Gallons 69,007 (BQ) Gr Pft 2.379 (BP) Total 164,161 Actual Difference 41,673 (AQ) -2,043 2.59 (AP) 108,095 70,568 (AQ) 2.589 (AP) 182,731 3,524 1,561 18,570 Vol variance -2,043 (AQ - BQ) 2.39 (BP) -4,886 1,561 (AQ - BQ) 2.38 (BP) 3,713 Price variance 0.20 (AP - BP) 41,673 (AQ) 8,410 0..211 (AP - BP) 70,568 (AQ) 14,857 3,524 18,570 COST OF SALES VARIANCES CURRENT MONTH YEAR -TO -DATE AVGAS Gallons Unit Cost Total Gallons Unit Cost Total Budgeted Actual 11,980 (BQ) 13,166 (AQ) 1.37 (BC) 1.60 16,358 22,119 (BQ) 1.36 (BC) 30,147 Difference 1,186 (AC) 21,041 24,719 (AQ) 1.62 (AC) 40,139 4,684 2,600 9,992 Vol variance Cost variance 1,186 (AQ - BQ) 0.23 (AC - BC) 1.37 (BC) 13,166 (AQ) 1,620 3,064 2,600 (AQ - BQ) 1.36 (BC) 3,544 0.26 (AC - BC) 24,719 (AQ) 6,448 -' 4,684 9,992 COST OF SALES VARIANCES FOR AVGAS & JETA COMBINED CURRENT MONTH Unit Gallons Gr Pft Budgeted 43,716 (BQ) 1.14 (BC) Actual 41,673 (AQ) 1.38 (AC) Difference -2,043 Unit JETA Gallons Price Budgeted 31,736 (BQ) 1.05 (BC) Actual 28,507 (AQ) 1.28 (AC) Difference -3,229 1.30 (AC) Vol variance -3,229 (AQ - BQ) 1.05 (BC) Cost variance 0.23 (AC - BC) 28,507 (AQ) COST OF SALES VARIANCES FOR AVGAS & JETA COMBINED CURRENT MONTH Unit Gallons Gr Pft Budgeted 43,716 (BQ) 1.14 (BC) Actual 41,673 (AQ) 1.38 (AC) Difference -2,043 Unit Total Gallons Price Total 33,320 46,888 (BQ) 1.05 (BC) 49,228 36,604 45,848 (AQ) 1.30 (AC) 59,727 3,284 -1,040 1.415 (AC) 10,499 -3,390 -1,040 (AQ - BQ) 1.05 (BC) -1,091 6,674 0.25 (AC - BC) 45,848 (AQ) 11,590 3,284 0.81 (BGP) 18,016 10,499 COST OF SALES VARIANCES FOR AVGAS & JETA COMBINED CURRENT MONTH Unit Gallons Gr Pft Budgeted 43,716 (BQ) 1.14 (BC) Actual 41,673 (AQ) 1.38 (AC) Difference -2,043 Vol variance -2,043 (AQ - BQ) 1.14 (BC) -2,321 Price variance 0.25 (AC - BC) 41,673 (AQ) 10,289 7,968 1,561 (AQ - BQ) 1.15 (BC) 1,795 0.265 (AC - BC) 70,568 (AQ) 18,696 20,491 YEAR -TO -DATE Unit Total Gallons Gr Pft Total 49,678 69,007 (BQ) 1.150 (BC) 79,375 57,645 70,568 (AQ) 1.415 (AC) 99,866 7,968 1,561 Gr Pft 20,491 Vol variance -2,043 (AQ - BQ) 1.14 (BC) -2,321 Price variance 0.25 (AC - BC) 41,673 (AQ) 10,289 7,968 1,561 (AQ - BQ) 1.15 (BC) 1,795 0.265 (AC - BC) 70,568 (AQ) 18,696 20,491 GROSS PROFIT VARIANCES CURRENT MONTH YEAR -TO -DATE Unit Unit AVGAS Gallons Gr Pft Total Gallons Gr Pft Total Budgeted 11,980 (BQ) 0.81 (BGP) 9,750 22,119 (BQ) 0.81 (BGP) 18,016 Actual 13,166 (AQ) 0.86 (AGP) 11,258 24,719 (AQ) 0.79 (AGP) 19,477 Difference 1,186 1,508 2,600 1,461 Vol variance 1,186 (AQ - BQ) 0.81 (BGP) 966 2,600 (AQ - BQ) 0.81 (BGP) 2,118 Price variance 0.04 (AGP - BGP 13,166 (AQ) 543 -0.03 (AGP - BGP 24,719 (AQ) -657 1,508 1,461 Unit Unit JETA Gallons Price Total Gallons Price Total Budgeted Actual 31,736 (BQ) 1.42 (BGP) 45,144 46,888 (BQ) 1.424 (BGP) 66,770 Difference 28,507 (AQ) -3,229 1.37 (AGP) 39,192 45,848 (AQ) 1.383 (AGP) 63,388 -5,952 -1,040 -3,382 Vol variance Price variance -3,229 (AQ - BQ) -0.05 (AGP - BGP 1.42 (BGP) 28,507 (AQ) -4,593 -1,040 (AQ - BQ) 1.424 (BGP) -1,480 -1,359 -0.041 (AGP - BGP 45,848 (AQ) -1,902 -5,952 -3,382 GROSS PROFIT VARIANCES FOR AVGAS & JETA COMBINED CURRENT MONTH YEAR -TO -DATE Unit Unit Gallons Gr Pft Budgeted 43,716 (BQ) 1.26 (BGP) Total 54,894 Gallons 69,007 (BQ) Gr Pft 1.229 Total Actual 41,673 (AQ) 1.21 (AGP) Difference -2,043 50,450 70,568 (AQ) (BGP) 1.174 (AGP) 84,785 82,864 -4,444 1,561 -1,921 Vol variance -2,043 (AQ - BQ) 1.26 (BGP) -2,565 1,561 (AQ - BQ) 1.23 (BGP) 1,918 Price variance -0.05 (AGP - BGP 41,673 (AQ) -1,879 -0.054 (AGP - BGP 70,568 (AQ) -3,839 -4,444 -1,921 AGENDA SUMMARY MARCH 10, 2003 AGENDA ITEM NO. IV -D ANNUAL REPORT ADMINISTRATIVE Summary: The Board of County Commissioners has required the Authority to forward its annual report to them by March 15, 2003. Staff has prepared the attached Annual Report for fiscal year 2002. Impact on Master Plan: None Fiscal Impact: None Recommendation: That the board discuss the Annual Report, advise staff of any changes and authorize staff to forward the Annual Report to the Board of County Commissioners. . ■ ■ • ■ . 0 a . ■ . ■ . ■ . ■ . ■ . ■ ■ a ■ . �o 0 v �i • • • • • • . • . • . ■ . ■ . ■ . ■ . ■ . ■ . ■ . ■ . ■ . . To i4 i • Zo i FY 2002 • • • • • • • • . • . ■ . 0 . ■ . ■ . ■ . ■ . ■ . ■ . ■ . TABLE OF CONTENTS NRPO,# v0 Gy °v 1611 Page I. Organizational Chart ........................................ ............................... 3 II. Chairman's Message ....................................... ............................... 4 III. Everglades Airpark .......................................... ............................... 6 IV. Immokalee Regional Airport ........................... ............................... 7 V. Marco Island Executive Airport ...................... ............................... 8 VI. Immokalee Airport Industrial Park and Foreign Trade Zone ......... 9 VII. Annual Operational and Administrative Activity ..........................11 VIII. Capital Improvement Program Fund 496 .......... .............................22 a. Immokalee U.S. Customs and Cargo Processing Facility ......... 23 b. Immokalee Bulk Storage Hangar ............... ............................... 24 c. Immokalee Conceptual Environmental Resource Permit ......... 25 d. Immokalee Incubator Support Facility ....... ............................... 27 e. Immokalee Airport Industrial Park Improvement .....................28 f. Immokalee 846 Road Widening ................... .............................29 g. Marco Mitigation Taxiway ........................... .............................30 h. Everglades Runway Lights ........................... .............................31 IX. Financial Activity ............................................. ............................... 32 2 I ORGANIZATIONAL CHART BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY AIRPORT AUTHORITY S. Price R. Doyle EVERGLADES AI RPARK M. Lazarus Chairman IMMOKALEE REGIONAL AIRPORT 1611 114 R. Rewis G. Schmidt D. Vasey B. West Secretary V. Chairman ACTING EXECUTIVE DIRECTOR R. Tweedie 3 MARCO ISLAND EXECUTIVE AIRPORT INDUSTRIAL PARK/FOREIGN TRADE ZONE II 1611 CHAIRMAN'S MESSAGE 1 I � Monte Lazarus, Chairman The Collier County Airport Authority was established in 1993 to be responsible for the safe and efficient operations, maintenance, management and development of county public use airports - Everglades Airpark, Immokalee Regional Airport and Marco Island Executive Airport. In addition to the airports, the Authority manages the Immokalee Regional Airport Industrial Park and Foreign Trade Zone. The seven County Commission appointed non -paid volunteer Board members of the Authority set policy for the Authority. The Executive Director and his staff of 15 implement and execute policy by handling the operations, maintenance, planning, construction, finances and administration of the three - airport system. These public use airports provide numerous public services ranging from air ambulance services, search and rescue, and hurricane recovery to air transportation service facilities for tourist, cargo and the business community. One principal task of the Authority is to make up for the 50 years the airports were unimproved when under direct County management. The lack of basic infrastructure (roads, water, sewer, taxiways, permits, hangars) has been the main reason for the slow development of the airports. Most of that basic infrastructure will be in place in the next five years to support new business growth and the associated revenues 4 1611 they will bring to the Authority's bottom line. As the situation improves in the aftermath of September 11, 2001, revenue increases should outpace expenditure increase as the Airport Industrial Park grows, hangars are developed, U.S. Customs comes online and cargo operations mature at the Immokalee Regional Airport. Major improvements have been made at all these airports. Hangars have been built and terminal buildings are functioning. At the Immokalee Airport Industrial Park, a manufacturing incubator building is home to three manufacturing companies and a manufacturing support facility is nearing completion. The new support facility will house a powder coating facility to finish manufactured parts as well as an assembly area and bonded warehouse. On the airport side the Authority is obtaining an Environmental Resource Permit and extending roads, water and sewer to put into place needed infrastructure to attract new business. At Marco the Authority is nearing the completion of obtaining permits to construct a parallel taxiway to improve safety. These airports are more than economic engines for Collier County; they provide a vital public service and direct access to our nation's air transportation system to improve the quality of life for Collier County citizens by saving lives, enforcing laws, lowering food costs and creating jobs. 5 III EVERGLADES AIRPARK "THE ECO- TOURISM AIRPORT" In 1947, the Collier family's business was flourishing in Everglades City. Not only was the town home to the County seat, but also to a host of businesses and offices that were at the heart of Everglades City's thriving economy. That year, the Collier brothers contracted an airport to be built in Everglades City so that they might fly in daily from their home base in Palm Beach. Initially, the runway was a 1,000 foot paved strip with 500 feet of grass on either end. The newly built airport was used by the Civil Air Patrol, and was frequented by the Air Force as well as by private pilots. President Harry Truman was on hand to dedicate the National Park at the airport in December of 1947. Hurricane Donna swept through the area on September 9, 1960, taking with it the hangar, offices, gas station, and much of the development. Soon after, the Collier family moved their business to Naples, and the County seat was relocated there as well. Collier County purchased Everglades Airpark from the Colliers for $125,000 in 1968, and maintained the property until the Airport Authority gained control of it in 1993. Everglades Airpark, our "Eco- tourism Airport", is now the destination for vacationers and outdoor adventurers who come from all over looking to fish, boat, camp, fly and explore the magnificent natural beauty of the Everglades. 3 Iv IMMOKALEE REGIONAL AIRPORT "THE BUSINESS AIRPORT" Immokalee Regional Airport was originally a WWII bomber - training base, and the Federal Surplus Act eventually turned the airport over to the county in the 1960s. For approximately thirty years, the airport sat dormant; shortly after its creation, the Airport Authority drew up innovative plans for the site, including extensive designs to expand the runways, bring in cargo - carrying businesses, and turn some of the land into an industrial park for new manufacturing businesses. Initial grants helped to build a fuel farm, a road, two hangars, a ramp, taxiway, and the first building. Over time, the original plans of the Authority have changed to suit the burgeoning airfield, but the long -term goals remain essentially the same: to turn the old airfield into a viable industrial park that can attract manufacturing businesses to hire and train local workers, to bring in international cargo carriers and to contribute a new and vital industry to the local economy. The Authority believes such increased economic diversity in this small agricultural community can improve the economy from the ground up. 7 V MARCO ISLAND EXECUTIVE AIRPORT "THE EXECUTIVE AIRPORT" To compliment the plan of creating a resort area south of Naples in the 1960s, developers imagined an airport to accommodate the small air carriers and general aviation aircraft that would ferry visitors to Southwest Florida. Upon completion in 1976, the airport was generally used to fly prospective Marco Island homeowners and investors over from Miami. The airport itself was used at this point as a marketing tool to help developers sell Marco Island lots. These same developers eventually turned the airport over to the state, and the state, in turn, leased it directly to the county in the 1980s. Seeing it as a community asset, the county fought to keep the airport up and running, and in 1993, the Airport Authority was formed and given the task of running Marco Island r .— •— •— •— •— •— •— • —• —• -- i Executive Airport. Today, it is just as the county envisioned it: a community asset. Travelers from all over the world make their way to peaceful Marco Island via flights connecting from other airports, but their ultimate destination is our friendly little airport just north of the island. 0 V1 AIRPORT INDUSTRIAL PARK FOREIGN TRADE ZONE The Immokalee Regional Airport has been designated a Foreign Trade Zone (FTZ), which means that companies can use the site to import goods into the United States, or choose to hold them as components of a different product without paying duties until the product is actually sold. This arrangement can save quite a bit of money for smaller companies, as the manufacturers are not assessed a duty until the product is finished and ready to be sold, rather than paying a duty on the individual parts, materials, or components. These exemptions offer a valuable incentive for companies to stay on U.S. soil and utilize American workers. The industrial park is growing and new construction is currently underway at Incubator Phase I Facility Immokalee Regional Airport. The Manufacturing and Technology Campus is home to the Incubator Phase I and Phase II facilities, and potential tenants are frequently making trips out to Immokalee to view sites at the airport for possible business relocation. 0' Incubator Phase II houses a powder coating operation, as well as a bonded warehouse and an open assembly area. These incubation facilities offer small start-up w Incubator Support Facility Phase II businesses the opportunity to work with other more established companies within the industrial park, and as these smaller businesses grow, the building sites within the park provide options for more expansive operating space. 10 4± 7 VII ANNUAL OPERATIONAL AND ADMINISTRATIVE ACTIVITY EVERGLADES AIRPARK—OPERATIONS This 29 -acre airport is made up of one 2,400 -foot long runway, a helipad, terminal building with one full -time and one part-time line technician who handle all of the day- to-day operations of the airport year- round, a fuel farm, aircraft hangar, and a Sheriff's dwelling. During fiscal year 2002, the following activity occurred at Everglades Airpark: ■ Storm cleanup -- following several late season tropical storms and depressions during the first quarter of FY 2002. ■ Law enforcement, life flight, and wildlife management - -These aircraft continued to operate from Everglades Airpark. ■ The Everglades City Seafood Festival —This year, the festival brought in over 75 aircraft during the first weekend of February, and the Florida Chapter of the Antique Aircraft Association also held a fly -in at the airport for the seafood festival weekend, bringing in approximately 12 aircraft to the airport. ■ The International Comanche Aircraft Owner's Association Southeast Chapter —The Association held their annual fly -in at the airport in February. Approximately 20 single engine Piper aircraft flew in for the event. ■ Seasonally based air tour operator - -John Apte transferred ownership of his business, Ten Thousand Islands Aero -Tours to Robert Gretzke of Anchorage, Alaska. Mr. Gretzke's company, Wings Ten Thousand Islands Aero Tours, will operate seasonally (November through April) out of the Everglades Airpark. 11 ■ Off - season maintenance projects - -Staff continued off - season maintenance projects including the striping of the taxiway and airway markings, fuel farm maintenance and reconditioning, and the continuous mowing and weed control necessary during the rainy season. ■ The Collier County Road Department - -CCRD delivered and spread 3,400 yards of excess fill dirt on the northeast side of the runway. The dirt was used to fill in holes and low areas. ■ Weather - proofing- -Staff also completed the staining of the deck of the terminal building to better protect against the weather conditions. IMMOKALEE REGIONAL AIRPORT - OPERATIONS This 1,333 acre airport consists of two 5,000 -foot long runways, airplane hangars, an apron, a fuel farm, an industrial park, a terminal building, a racetrack, and two full- time line technicians who maintain the entire airport 365 days a year. During fiscal year 2002, Immokalee Regional Airport saw the following activity: ■ Airfield Maintenance Program —Staff spent hundreds of hours maintaining the airside of the Immokalee Airport this year. They mowed, edged, weeded and sprayed along the miles of airport runway and taxiways, as well as maintained airfield lights and signage, the beacon tower lights, the AWOS (Automated Weather Observation System), and tended to other general maintenance projects. ■ Airport Security Program — Following September 11, the Immokalee Regional Airport staff took seriously the need for heightened awareness and 12 security. In order to assess the present level of safety, staff surveyed miles of fences around the airport, as well as gates and access points. Tenant/visitor access procedures were also assessed, and staff met with local, state and federal law enforcement agencies in an effort to coordinate initial security measures. Additionally, a new closed- circuit television camera with recording capabilities was installed at the airport near the terminal building. Staff attended the AAAE National Conference in Dallas this year, and participated in sessions on general aviation and security. ■ Airport Fuel Farm —the fuel farm is a self - service operation. Staff continually perform safety inspections, replace fuel filters, sample fuels and prepare required reports. The fuel farm was repainted this year and new decals were applied to the tanks. ■ Youth Training Program —In partnership with Immokalee High School, staff spent time training youth in performing important tasks at the airport. They worked with youth to paint, clean equipment, collect debris, wash vehicles, and care for the grounds. The goals of this partnership were to instill work ethics, encourage teamwork, and complete work responsibilities. ■ Crop Dusting/Firefighting —Aerial firefighting and crop dusting operations increased at the Immokalee Airport during FY 2002. Community Affairs —Staff invested many hours in meetings with local civic organizations such as the Chamber of Commerce, the Civic Association, and Rotary Clubs in an effort to keep the public informed of progress at 13 Immokalee Regional Airport, as well as to keep the organization apprised of happenings in Collier County. • Drag Racing —The IHRA sanctioned drag racing events continued every weekend with hundreds of spectators and participants attending these events. • Sheriffs Department --- continued with special operations training at the airport, utilizing both airport and drag racing facilities. The Sheriff's Department has made a request to expand its training program at the airport through the use of a grant to construct a high -speed driver - training course. • Events - -Staff assisted several organizations that hosted events at the Immokalee Regional Airport's Parade Field. The Parade Field is located on the southwest section of the airport across from Airport Park. MARCO ISLAND EXECUTIVE AIRPORT - OPERATIONS This 66 acre airport is made up of one 5,000 -foot long runway, fuel farm, hangars, aircraft parking aprons, a terminal building with two full -time line technicians, one seasonal line technician and two full -time customer service representatives who handle all day -to -day operations of the airport, 365 days a year. Activity at Marco Island Executive Airport during fiscal year 2002 included: ■ Civil Air Patrol Hangar -- Construction commenced in October of 2001 on the Civil Air Patrol Hangar, which is a 6,000 - square foot facility that will house the Marco Island Senior Civil Air Patrol Squadron. The facility will be comprised of both hangar and office space, which will serve all necessary operational and 14 HE administrative functions of the squadron. Funding is the responsibility of the Civil Air Patrol on Authority leased land. ■ Rotating Beacon - -The airport's 20 -year old rotating beacon was replaced in FY 2002. The beacon serves as a navigational aid, assisting pilots in identifying the airport at night. An FDOT grant funded the replacement of the old beacon, which was struck by lightening in 2001. ■ Security - -A security surveillance camera was installed in response to the increase in security caused by the 9/11 terrorist attacks. The system will be enhanced as additional security funding becomes available from State and Federal agencies. ■ North American Top Gun —This popular attraction visited the Marco Island airport from February 19`h -22nd, bringing with them three of their WWII vintage AT -6 combat air training planes. North American Top Gun has visited the airport for several years in a row, and considers it one of their most successful stops. This year, they offered their unique flight experience to approximately 80 people. ■ Off - season maintenance — Maintenance done by staff included mowing, weeding, fuel farm maintenance, and landscaping. ■ Parking Lot Rehabilitation Project —Plans for this project including fencing, paving, and landscaping, were discussed, and staff selected three contractors from whom they requested quotes. ■ Repairs - -Staff noted several areas of pavement buckling on the runway, and hired contractors to complete the necessary repairs. 15 ADMINISTRATIVE ACTIVITY The Administration of the airports includes an Executive Director, Administrative Assistant, one Airport Manager, a Finance Manager, one Accounts Payable Technician, an Accounts Receivable Technician, and one Grantwriter. In addition to managing the operations, maintenance, security, safety and construction of the airports, staff members accomplished the following during FY 02: GRANT ACQUISITION • During the first quarter of FY 2002, a $44,000 grant from FDOT- Aviation was secured to offset the financial shortfall created by September 11th • During the second quarter, the Airport Authority completed its work with FDOT and FAA to establish the grant program for the following fiscal year, and also closed on a $250,000 USDA grant for the Phase II Incubator Support Facility. • Staff met with FAA during the third quarter to secure the FY 2003 grants proposed in the FY 03 budget. The FAA toured all of the airports, and pre -grant application meetings were conducted with the FAA in Orlando. • FAA grants under the airport improvement program (AIP) are funded at 90 %, with the state (FDOT) matching 5% and local (County) matching the remaining 5 %. One important facet of the FAA grants is that they can be applied to safety programs, which do not generally stimulate revenue. The county is only required to extend minimal amounts to match these grants. The Airport Authority is potentially eligible for up to $1.2 million in FAA funding for FY 03. BUDGET 16 ■ Staff and the Airport Authority Board developed and presented the FY 03 operational and capital budget to the county for review and approval. The budget was presented to and approved by the Board of County Commissioners in September 2002. PRODUCTIVITY COMMITTEE REPORT ■ The County Commission requested that the Productivity Committee review the Authority's work. The Authority established a committee to respond to the county appointed Productivity Committee's Report; this Airport Authority committee was comprised of Authority Board members Robin Doyle, Gene Schmidt and Monte Lazarus. Committee Members met with the Productivity Committee and have recommended to the Authority the following, all of which have been adopted by the Airport Authority: ✓ That the Authority concurs with the Productivity Committee that the existing independent nature of the Collier County Airport Authority (CCAA) be maintained. ✓ That the Authority require the Authority Finance Manager to provide monthly financial reports for the operating account, and quarterly financial reports for the operating and capital accounts, and that the quarterly reports will compare expenditures and revenues to budget. ✓ That the Authority designate the Authority chairman as the liaison to the Board of County Commissioners (BCC) and require that he meet with the BCC on a quarterly basis. 17 1611 ✓ Require the Executive Director to prepare a quarterly report that will provide a review of operations, construction, and finances, and this report will be for use by the Authority Board, BCC and the public. ✓ The Authority schedule an annual workshop with the BCC to review the history and mission of the Authority, review the prior year operations and to set priorities and plan for the future. ✓ The Authority approve in concept a revision of the grant incentive program to use a budgeted merit pay program similar to the County Manager's program. This would provide incentive to Airport Authority staff to apply for grants. ✓ The Authority to approve in concept a revision of the fuel incentive program, to include fuel sales and safety of operations as a joint incentive, with payments tied to employee- increased sales and with an annual cap on the incentive compensation. MINIMUM STANDARDS, LEASING POLICY, ADMINISTRATIVE CODE, AIRPORT AUTHORITY RULES & REGULATIONS ■ The Airport Authority established a committee, comprised of Monte Lazarus (Chairman), Duke Vasey and Gene Schmidt, to update these policies. The committee updated all documents and the Authority Board voted to adopt all updated documents. BOARD OF COUNTY COMMISSIONERS- AUTHORITY WORKSHOP ■ The Authority established a committee, made up of Steve Price, Bill West and Robin Doyle, to conduct an Airport Authority /BCC workshop. 18 ■ The Authority conducted a workshop with the Board of County Commissioners on May 30, 2002. STRATEGIC PLAN ■ The Authority set up a Strategic Plan Committee and is in the process of developing a mission statement for each airport. Once the mission statements have been established, a SWOT (strengths, weaknesses, opportunities, threats) analysis will be completed and a Strategic Plan developed. From that, the Business Plan will be updated. EXECUTIVE DIRECTOR ■ The end of the fourth quarter marked the departure of the Airport Authority's original Executive Director, John Drury. Mr. Drury had been with the Authority since 1994, serving as the first and only Executive Director following the Authority's creation in 1993. Robert Tweedie, Airport Manager for the Marco Executive Airport and Everglades Airpark, was appointed by the Board as Interim Executive Director, effective September 30, 2002, following Mr. Drury's departure. The Authority appointed a sub - committee of the Board to conduct a national search for a permanent Executive Director. SAFETY AND SECURITY ■ Following the events of September 11`h, all airports were immediately shut down and all civil aviation operations ceased throughout the US. While commercial service operations began to return to normal within two days of September 11th general aviation activities were prohibited for an addition two weeks. The airports remained closed for that time period. The beginning of October 2001 marked both the beginning of FY 02 and the return of basic 19 operations at the Airport Authority's three airports. There were many restrictions placed on general aviation airports and flying in the weeks directly following 9/11, and activity was slow to return. When it did, restrictions were still in place. • General aviation airports are struggling to recover from the impact of 9/11, and also grappling with the need for increased security. To that end, the Authority has added security cameras to airport facilities, and worked to successfully pass ordinance 2002 -28, which allows the CCAA rules and regulations to be enforced by law enforcement. Prior to this ordinance, the CCAA did not fall under the Transportation Safety Administration (TSA), and our rules and regulations were not locally or federally enforceable. • Staff has begun to prepare preliminary security plans, and are awaiting the official guidelines from TSA. AWARDS • Everglades Airpark received the Chevron Aviation Quality Assurance Award during the first quarter of FY 02. • Immokalee Regional Airport was presented with a 2002 Partner in Education certificate of appreciation by the Collier County Education Foundation for their participation in youth programs with students from Immokalee High School. • The Immokalee Chamber of Commerce honored outgoing Executive John Drury with a plaque for "Economic Development 2002" for his extensive development and progress at Immokalee Regional Airport. 20 The Immokalee Regional Airport received a certificate of recognition from the Hispanic Heritage for the assistance provided by the airport during Cinco de Mayo celebrations in May. ■ A certificate of appreciation was presented to the Airport Authority from the Collier County Education Foundation in gratitude for participation in the Village Oaks Elementary school career week. ■ The Authority's Airport Manager, John Kirchner, received an FAA certificate of appointment for Safety Counselor. This was Mr. Kirchner's third consecutive year as a recipient of this award. 21 VIII CAPITAL IMPROVEMENT PROGRAM FUND 496 The Collier County Airport Authority utilizes grants from Federal and State agencies by leveraging County funding in the form of loans to develop the three County Airports and the Immokalee Regional Airport Industrial Park. The Collier County Economic Development Council (EDC) helps to market and promote the park. The Collier County Airport Authority managed the following projects in FY 02: IMMOKALEE REGIONAL AIRPORT 3. 846 Road Widening Project .... ............................... $1,898,000 $1,648,000 $250,000 MARCO EXECUTIVE AIRPORT 1. T- Hangars ............................... ............................... $288,000 $120,000 $168,000 2. Runway Lights ........................ ............................... $200,000 $160,000 $40,000 3. Taxiway Mitigation Phase I .... ............................... $350,000 $280,000 $70,000 EVERGLADES 1. Runway Lighting .................... ............................... $125,000 $100,000 $25,000 22 Budget Grant Match 1. U.S. Customs /Cargo Processing Facility ............... $1,070,000 $535,000 $535,000 2. Bulk Storage Hangar ............... ............................... $200,000 $100,000 $100,000 3. Conceptual Environmental Research Permit......... $350,000 $280,000 $70,000 INDUSTRIAL PARK 1. Incubator Support Facility ...... ............................... $1,329,000 $690,000 $639,000 2. Airport Industrial Park Improvements ................... $1,203,500 $1,078,500 $125,000 3. 846 Road Widening Project .... ............................... $1,898,000 $1,648,000 $250,000 MARCO EXECUTIVE AIRPORT 1. T- Hangars ............................... ............................... $288,000 $120,000 $168,000 2. Runway Lights ........................ ............................... $200,000 $160,000 $40,000 3. Taxiway Mitigation Phase I .... ............................... $350,000 $280,000 $70,000 EVERGLADES 1. Runway Lighting .................... ............................... $125,000 $100,000 $25,000 22 i CAPITAL IMPROVEMENTS 0 U.S. CUSTOMS AND CARGO PROCESSING FACILITY In conjunction with U.S. Representative Porter Goss, the Lee County Airport Authority, U.S. Customs, the United States Department of Agriculture (USDA), and Immigration and Naturalization Services (INS), the Collier County Airport Authority was successful in lobbying for "Port of Entry" status at Immokalee Regional Airport. This status is contingent on the construction of a Federal Inspection Station (F.I.S.) that will be used by U.S. Customs agents, the USDA and INS. The building, slated to be completed during fiscal year 2003, will be a 10,000 - square foot F.I.S. /cargo processing facility. This building will house a 2,600 - square foot F.I.S. facility as well as two 3,700 - square foot cargo- processing bays. The creation of a Port of Entry with U.S. Customs onsite will increase revenues for the Authority, and will undoubtedly facilitate the transportation of incoming and outgoing air cargo. This influx of business will create new jobs, and will attract business to the airport that will ultimately increase the tax base. The cargo - processing facility is under construction, and expenditures through fiscal year 2002 totaled $170,654, leaving $899,346 to complete the project. There are sufficient funds available to complete the construction, and at this time, the project remains within budget. The building should be completed by May 2003. 23 wi 14' .v •ter In conjunction with U.S. Representative Porter Goss, the Lee County Airport Authority, U.S. Customs, the United States Department of Agriculture (USDA), and Immigration and Naturalization Services (INS), the Collier County Airport Authority was successful in lobbying for "Port of Entry" status at Immokalee Regional Airport. This status is contingent on the construction of a Federal Inspection Station (F.I.S.) that will be used by U.S. Customs agents, the USDA and INS. The building, slated to be completed during fiscal year 2003, will be a 10,000 - square foot F.I.S. /cargo processing facility. This building will house a 2,600 - square foot F.I.S. facility as well as two 3,700 - square foot cargo- processing bays. The creation of a Port of Entry with U.S. Customs onsite will increase revenues for the Authority, and will undoubtedly facilitate the transportation of incoming and outgoing air cargo. This influx of business will create new jobs, and will attract business to the airport that will ultimately increase the tax base. The cargo - processing facility is under construction, and expenditures through fiscal year 2002 totaled $170,654, leaving $899,346 to complete the project. There are sufficient funds available to complete the construction, and at this time, the project remains within budget. The building should be completed by May 2003. 23 W IMMOKALEE REGIONAL AIRPORT BULK STORAGE HANGAR In an effort to increase revenues, create jobs, attract businesses to the Immokalee Regional Airport, and to increase the tax base, the Collier County Airport Authority has designed, engineered, permitted, and constructed a bulk storage hangar. The building is approximately 4,300 square feet, and it includes space for parking aircraft, an apron, ample automobile parking, and an air - conditioned office space with a convenient restroom. The impetus behind building a bulk storage facility was to further facilitate the industrial park and incubation facilities. Commercial aviation enterprises can use the bulk storage hangar for storage of cargo and business supplies, and it becomes one more marketable addition to an already growing industrial park. The project has been completed, and total expenditures for the bulk storage hangar stand at $239,970. 24 C CONCEPTUAL ENVIRONMENTAL RESOURCE PERMIT Full development of the airport will require a series of assessments and approvals. In order to move forward, it is crucial that several permits be acquired. The Conceptual Environmental Resource Permit project includes several components: obtaining an Environmental Resource Permit for the entire Immokalee Airport; having a Runway Length Assessment Report completed; drawing up a MotorSports Park Conceptual Master Plan; taking a survey of lease plots for Phase I of the Industrial Park; and updating the layout plan for h=okalee Regional Airport. The current status of these projects is as follows: • In conjunction with all necessary environmental regulatory agencies, all environmental issues, wetlands, wildlife, and storm water run -off have been assessed for the full build -out of the airport. Additionally, environmental property maps that serve to identify wetlands and water retention ponds have been developed. • The draft Runway Length Assessment has been completed and presented to the Collier County Airport Authority's Board of Directors. The Authority's Board has accepted the report, which calls for a runway extension of 3,700 feet, taking the current runway from 5,000 feet to a full 8,700 feet in length. 25 1611 ■ The MotorSports Park Conceptual Master Plan is now 95% complete. In order to comply with all necessary regulations, the following components have been accomplished: 1. Noise Study 2. Economic Impact Study 3. Real Estate Evaluation Study 4. Road Network Improvement Assessment 5. Conceptual Layout Plan 6. FLUC FCS Wetlands Assessment 7. Utilities Needs Assessment 8. Environmental Assessment 9. Land Use Zoning Assessment 10. Airport Development Program • Upon completion of the financial impact component, a public workshop will be held in Immokalee as a way to obtain valuable public input. That public input would be integrated into a Conceptual Master Plan, which will then be presented to the Collier County Airport Authority for review and consideration. • A survey of available lease plots is underway, making the plots easily identifiable to potential lessees considering Immokalee Airport for business relocation. • The Airport Layout Plan (ALP) is being updated based on the approved property map, which as been presented to and approved by the Airport Authority's Board. • The Conceptual Environmental Resource Permit project is approximately 75% complete. Expenditures through fiscal year 2002 totaled $262,959, leaving $87,041 in the budget to complete the project. This project remains within budget and on time, with the exception of the MotorSports Park Conceptual Master Plan, for which a public meeting to obtain community input with regards to the MotorSports Park is pending. 26 01 IMMOKALEE REGIONAL AIRPORT INCUBATOR SUPPORT FACILITY The Incubator Support Facility is a 10,000 - square foot building. It holds a bonded warehouse, a manufacturing assembly area, and a powder coating operation. This building is the second in a series of four that will comprise our Manufacturing and Technology Campus. When complete, it will offer not only incubation for small businesses, but also an on -site training edifice and a packing/shipping facility. The Airport Authority intends for the Incubator Support Facility (building #2) to provide manufacturing support services that will attract a 1 wide variety of businesses and manufacturing companies to the Immokalee Airport's industrial park. With this influx of business and commerce comes the inevitable need for skilled workers, and consequently, the higher - paying jobs that are so desperately needed in Immokalee. Furthermore, this will augment revenues for the Airport Authority, and once again, will increase the tax base. The first two buildings in the Manufacturing and Technology Campus are now 100% complete. Building #2 needs additional powder coating equipment to be a fully functional operation, and funds to purchase the remaining machinery are currently being sought. A lease is now in negotiations with a business that is interested in occupying Building #2. Total expenditures to date are $624,818, and $14,182 remains in the budget for completion. With the exception of the needed powder coating equipment, this project remains on time and within the anticipated budget. 27 1611 Q IMMOKALEE REGIONAL. AIRPORT AIRPORT INDUSTRIAL, PARK IMPROVEMENT By opening up the industrial park and airside properties for lease to the private sector, the Airport Authority hopes to continue boosting dividends at Immokalee Airport. As with all other capital improvements, the complimentary functions of this project are to create jobs for local workers and to increase the tax base. This project was originally planned to extend the airport's entrance road by 1,300 feet, inclusive of water, sewer, and electric. A campground on airport property was also proposed, as the MotorSports Park is a big draw for crowds and spectators from afar, and a small restroom and turf parking at the drag strip were also projected for construction. Expenditures through fiscal year 2002 for Airport Industrial Park Improvements total $589,239. $614,261 remains in the budget to aid in the completion of this project. 28 F 16/1 IMMOKALEE REGIONAL AIRPORT 846 ROAD WIDENING The widening of CR 846 is a necessary improvement that will result in a four -lane road from SR 29 to the airport entrance road. It will also include reconstructing the intersection of 846 and 29 at the airport, constructing an airport loop road within the industrial park, and relocating water and sewer lines along CR 846. At the end of fiscal year 2002, the Airport Authority was in discussions with Siena Marble to lease 10 acres of land in the industrial park. Siena Marble intends to construct a 50,000 square foot marble manufacturing company that will employ 75 workers. These improvements will be essential to manage the added traffic flowing into and out of the expanding industrial park, and will positively impact physical access to the site itself. This project is 90% designed. A "stop work order" has been issued on the remaining 10% to be designed, pending County approval and Siena Marble's ability to obtain its building permit. Once Siena Marble begins vertical construction and has made tangible progress on the project, work will resume on design, and the project will continue. Total expenditures through fiscal year 2002 are reported at $160,600. A balance of $1,737,400 remains in the budget to complete the project, which remains within the budget's parameters. 29 G MARCO ISLAND EXECUTIVE AIRPORT MITIGATION TAXIWAY Constructing a taxiway at the Marco Island Executive Airport is vitally important. A taxiway is needed to bring the airport up to FAA standards, which are currently not being met. In order to get to the terminal area, an aircraft must now "back- taxi" down the runway. Building a taxiway will eliminate the need to back -taxi down the runway, which will improve safety for all pilots and passengers who utilize the airport. Through its consultants, the Authority is negotiating with DEP and the Corps to obtain the necessary permit. Requirements for permitting include mitigation through the acquisition and restoration of land. Airport Authority staff have hired the County's Real Property Division to acquire property acceptable to D.E.P. and the Corps. Expenditures through the end of fiscal year 2002 for this project total $133,817, and $366,183 remains in the budget to complete the mitigation taxiway. 30 H EVERGLADES AIRPARK RUNWAY LIGHTING Everglades Airpark has a 25 -year old runway lighting system in place that has direct burial cable. The aging lights are frequently inoperative and in constant need of repair to keep them in working order. Installing a new lighting system will result in increased reliability and durability. At the end of fiscal year 2002, the design work for this project was approximately 60% complete. To date, there have been no expenditures for this project. 31 s' 1611 IX FINANCIAL, ACTIVITY OPERATING ACCOUNT (FUND 495) For the year ended September 30, 2002, the net cost of operating the three County -owned airports was almost $600,000. This amount was 62% greater than the amount budgeted to run the airports. Explanations providing additional information on the significant differences between what was budgeted and what actually occurred are provided in the balance of this section. Adopted Variance Income Budget Actual Amount % Fuel sales 1,333,100 1,125,022 - 208,078 -15.6% Less fuel purchases 714,600 615,636 - 98,964 -13.8% Gross profit 618,500 509,386 - 109,114 -17.6% Rentals, leasing and other 384,000 304,172 - 79,828 -20.8% Income 1,002,500 813,559 - 188,941 -18.8% Expenses Personnel services 754,200 751,347 -2,853 -0.4% Operating 600,800 653,963 53,163 8.8% Capital 12,000 0 - 12,000 - 100.0% Expenses 1,367,000 1,405,310 38,310 2.8% Net cost of operations 364,500 591,751 227,251 62.3% Fuel Sales ■ The amount collected for fuel sales was $208,000 below budget. An analysis of the components of the variance shows that the actual average sales price per gallon was $2.40, compared to a budgeted amount of $2.69, and that the number of gallons of fuel sold during the year was 468,000, compared to the projected amount of 496,000 gallons. The combined effect of the price variance and the 32 volume variance contributed to the $208,000 negative variance in the following manner: (Actual price — budgeted) (Actual gallons) Price Variance: -0.284 (Actual gallons —budgeted) (Budgeted price) Volume Variance: - 28,000 Total Variance x 468,000 = - 133,000 x 2.688 = - 75,000 - 208,000 ■ Even though the number of gallons sold was below budget, most of the total variance is attributed to the price variance. The decline in fuel sales dollars due to price was somewhat offset by the reduction in the amount spent to purchase fuel. Fuel Purchases and Gross Profit ■ Since fewer gallons of fuel were sold than was budgeted, fewer gallons were purchased than was budgeted. The reduction in the number of gallons purchased, coupled with a reduction in the projected fuel cost per gallon, brought about an overall reduction in the amount actually spent for fuel compared to budget. The net effect of the negative variances in fuel sales and fuel purchases resulted in a negative variance in gross profit in the amount of $109,000. 33 Rentals, Leasing and Other Income ■ Several factors contributed to the negative variance in this area. Among them were: $26,000 Reimbursements for Capital Projects Management -- $30,000 was budgeted to be transferred from the Capital Fund (Fund 496) to the Operating Fund to reimburse for administrative time spent on capital projects. The actual amount transferred was limited to $4,000 because of the constraints of the project budgets. $18,000 T- Hangar Revenues — The adopted budget assumed a gross rent potential which was higher than actual, and the budget did not take into account vacancy and credit losses. $10,000 Private Source Contribution — 50% of appropriate amounts spent on advertising would be reimbursed by the fuel supplier up to $10,000. No reimbursable amounts were spent on advertising during the year. Operating Expenses The overage in operating expenses is attributed primarily to significant unbudgeted maintenance and repair items. 34 CAPITAL ACCOUNTS (FUNDS 496 & 497) The capital improvement activity has been described and elaborated on elsewhere in this report. Below is a summary of the capital expenditures made during the fiscal year. Totals 1,536,061 35 Expenditures Project Current Cumula- Project Number Project Name Location Year tive Budget 33010 Incubator Support Facility Immokalee 354,677 624,818 639,000 33326 Bulk Storage Immokalee 157,601 239,970 240,000 33327 Industrial Park Improvements Immokalee 477,654 589,239 1,203,500 33330 Environmental Mitigation Marco 28,935 130,993 250,000 33343 Conceptual ERP Permit Immokalee 100,282 262,959 350,000 33354 T- Hangars Marco 21,960 296,872 298,600 33373 T- Hangars Marco 20,081 453,000 453,000 33375 Wetlands Mitigation Marco 2,559 2,824 250,000 33377 Runway Lights /Elect. Vault Marco 10,230 200,565 200,000 33383 FIS /Cargo Processing Facility Immokalee 116,177 170,654 1,070,000 33391 Vegetation Management Marco 228 228 250,000 36000 Incubator (Powder Coating) Immokalee 245,677 245,677 250,000 Totals 1,536,061 35 1611 LIABILITY TO THE COUNTY Since the Authority's inception, the County has made advances to the Authority in amounts necessary for it to meet its operational and capital expenditure obligations. The Authority is charged interest on the advances at a rate the County would have received had the funds been deposited in the State Board of Administration Account. The advances together with the interest are to be repaid to the County when the Authority becomes profitable, i.e., has an excess of income over expenses. The total liability to the County at the end of the fiscal year is $9 million. Total liability at September 30, 2002 36 2,747,772 6,262,685 9,010,457 Operating Capital Account Account (Fund 495) (Fund 496) Total Cumulative advances thru September 30, 2001 1,846,400 5,050,061 6,896,461 Cumulative interest thru September 30, 2001 365,124 957,392 1,322,516 Total liability at September 30, 2001 2,211,524 6,007,453 8,218,977 Advances made during the year 493,200 148,800 642,000 Interest accrued during the year 43,048 106,432 149,480 Total liability at September 30, 2002 36 2,747,772 6,262,685 9,010,457 M,-' C oU i e r C (o u in, ty Cw v General Correspondence TARA-TEK �T L.L.C. February 19, 2003 Global Manufacturing 160 Airpark Boulevard Immokalee, FL 34142 Attn: Larry Fox Dear Larry, 1112 N. Collier Blvd. Marco Island, Florida, USA 34145 Telephone: (239) 394 -6099 x 28 FAX: (239) 394 -5388 E -mail: tayasun @taray.com Website: http: / /www.taray.com My partner Walt Szyms and I enjoyed meeting you at your office yesterday. We are much obliged to Monica for bringing us together. We liked the unit you showed us because it suits our needs and being close to your operation will be a big bonus for us. Our operation needs a machine shop and a welding shop nearby. I am also planning to bring part of my import- export operation to the unit. We are sending this letter of intent to you now and asking you please consider leasing the unit to us at the price we discussed. We do not mind having the fenced in area within the operation as long as we do not have to pay for the space that is being taken out. (Total area of the unit was around 1200 sq. foot and the fenced in unit took up around 200 sq. ft). "Our business isglobal... our service is personal " With this letter, we are also asking the Honorable Chairman of the Airport Authority, Monte Lazarus to do all he can hasten a decision to allow our operation to lease the unit in question. a ly,. Ayasu , Par r Tara -Tek LLC. cc: Monte Lazarus Walt Szyms "Our business isrglobal... our service is personal. " TARA -TEK, LLC Tara -Tek, LLC was established in 2001 to provide equipment, products and services to the tire industry worldwide. Tara -Tek, LLC is a partnership between Taray International Corporation, a worldwide supplier of tire retreading equipment and supplies since 1979 and Szymtek LLC, a worldwide supplier of engineering services to the tire industry. Managing partner, Walt Szyms, is a veteran engineer of rubber products and manufacturing processes serving tire manufacturers.. worldwide for more than 38 years specializing in tire molds and curing bladder technology, tire assembly machine bladders, inner tubes and mechanical rubber parts. Walt has earned recognitions from United States technical standards and advisory organizations and is an appointed industry expert with numerous patents in the field of tire designs, molds, curing bladders and tire machine bladders. Tara -Tek, LLC is the exclusive representative of UZER MAKINA ve KALIF SANAYH A.S. of Izmit, Turkey; manufacturers of precision tire and bladder molds, containers and curing presses. For almost 25 years, UZER MAKINA has established themselves as an ISO certified approved supplier to leading tire manufacturers worldwide using new CNC machinery with the latest software parametric technology to produce the highest quality molds and equipment possible. TARA -TEK, LLC 1112 N. Collier Blvd. Marco Island, FL 34145 (800) 526 -0049 Ext.10 Fax (239) 394 -5388 Email: tara- tek @taray.com TARA=TEK, LLC 1611 Tire Assembly Machine Bladders 38 Years Experience ■ TARA -TEK, LLC Can design, develop and manufacture new bladders or upgrade existing ones to meet your tire machine requirements ■ TARA -TEK, LLC Bladders are engineered with the latest technology reinforcements and compounds to achieve maximum service life and are manufactured in the USA ■ TARA -TEK, LLC Bladders are constructed to precise specifications for dimensional stability with inflated uniformity and control ■ TARA -TEK, LLC Bladders have an exclusive anti -stick surface that does not abrade or peel. Bladders release cleanly from tire carcass materials to insure consistently tight and uniform tire beads ■ TARA -TEK, LLC Provides prompt and complete technical support services for bladder applications, problems and cost reductions OBOSCH OLSON EQUIPMENT CO., INC. GRACO ST. LOUIsFEPNEUMArI►C 1 RELLI ARMSTRONG ADVANTAGE TM yu can INDUSTRIES, Inc. HERCULES CE RE7 READ1N0 p pr EQUIPMENT SYSTEMS �1111�� vcuRe TM Robbins ac EEL EIN SHEMER ULTRATREAD advantac Ll • • ADVANTAGE- BUFFING BLADES: The Advantage "' Buffing Blades are designed to give the highest quality • RMA buffed texture, extended blade life and reduce the over all cost of ` buffing. There are Advantage- Buffing Blades to fit the most popular � • '� rasp sizes. ADVANTAGET"" PERFORATED POLY FILM: Advantage "' poly film is heat resistent and helps the trapped air escape from between the tire and the envelope. The use of the poly film extends the life of the. envelopes and yields a superior looking retread. ADVANTAGETm EXTRUDER CLEANER: TARAY /Advantage" Extruder Cleaner is a preventive maintenance program in a box. Extruder Cleaner is a special formulated rubber compound designed to reduce extruder wear and tear and prevent downtime of the extruder gun due to rubber left in the barrel to cure. TARAY /Advantage"" Extruder Cleaner is run through the barrel at the end of the shift while the barrel is still hot and then left in the barrel until the start of the next shift (even overnight). Extruder Cleaner contains no curing agents which prevents it from curing when mixed with the rubber residue built up in the barrel. The next time the extruder is used, allow the extruder to heat up to working temperature and simply run out the Extruder Cleaner along with the rubber residue. Once the Extruder Cleaner is out of the barrel you are ready to go. TARAY /AdvantageT" Extruder Cleaner is packaged in 17' rolls with ten rolls per box. A box will yield approximately 150 uses. ADVANTAGErm ROPE RUBBER: After many years of experience we have developed rope rubber which extrudes smoothly into all areas of the buzz -out eliminating trapped air. TARAY /Advan- tageT" Rope Rubber is manufactured to specifications set by Taray International and is only available through our Company. The international RMA Cure Class is 15A/20C and is compatible with the TARAY /Advantage" Pre Cure Cushion Gum. Model AH /RVR Non - Inverting Truck Tire Spreader Repair Station Inspection of all radial and bias tire casings can be performed using the Branick Model AH/RI/R or the Branick Model 5660 tire spreader. Curing Rims Taray International offers a wide range of curing rims. Rims are available in a variety of sizes and types for all retread- ing systems. Model ATS. Air Tire Spinner Used for cementing, trimming and painting. Accommodates tires from 12" to 14.00 -24. Model 5660 Adjustable Height Repair-inspector/ Repair Station Air operated model. Accommodates all passenger and truck tires from 13" through 24.5 ", up to 48" over all diameter and wide base tires. CX -88 Buffer The CX -88 Buffer is available in semi - automatic or auto- matic versions. The buffer is equipped with a 30 H.P. rasp motor, accommodates all tire sizes from 28" diameter to a maximum of 52" diameter, through 18" cross section. The CX -88 Buffer is totally hydraulic operated by the use of a joy stick. The combination of hydraulic controls and the simple to use joy stick makes the CX -88 the most accu- rate and efficient buffer on the market today. R -23 Tread Builder KW -30 Buffer The KW -30 Buffer with a 30 H.P. rasp motor accommodates all sizes of tires from 12" through 24.5 bead diameter, through 18" cross section. Cast iron construction for long life durability accurate performance and quiet operation. The R -23 Tread Builder has the capacity to produce tires that range in size from 21.5 diameter to 52" diameter. The R -23 Tread Builder features an automatic system that applies the cushion gum and automatically cuts the tread rubber to the proper length. This tread builder is designed to give years of outstanding performance. TR -36 Tread Builder The TR -36 Tread Builder accommodates a wide range of tires from 21.5" diameter to 52" diameter. The TR -36 Tread Builder has the engineered system that applies the cushion gum to the tread rubber prior to application of the tread to the tire. The TR -36 automatically cuts the tread rubber to the proper length. Winner "AS" Tire Spotter Air operated spotter for curing spot repairs on passenger and truck tires up to 11.00 -24.5 WYCO Flexible Shaft Buffer For grinding and buffing operations in the retreading and repairing process. 1725 or 3450 RPM. �I St. Louis Pneumatic Tools A complete range of air tools are available to meet the demand of heavy use on a day to day basis. Everhard Tire Repair Hand Tools Taray International carries a full line up of the latest in hand tools to support all phases of retreading and tire repair. The product line shown is only a small portion of the hand tools that are available. URYU Buffer /Skiver Cup Cutter Pirelli Armstrong Bladders 2196 4783 6320 7374 8189 8779 9093 2636 4784 6321 7375 8358 8780 9094 2649 4786 6390 7632 8359 8781 9170 2895 4789 6391 7646 8376 8910 9340 3863 5336 6480 7647 8405 8911 9341 4171 5339 6537 7651 8406 8912 9373 4173 5894 6630 7652 8407 8913 9473 4176 5896 6753 7661 8408 8937 9674 4379 6025 6790 7662 8409 8938 9673 4493 6096 6792 7663 8438 8939 9847 4735 6226 6808 7664 8552 9086 10068 4746 6228 6809 7864 8773 9087 10069 4748 6230 6810 7865 8774 9088 386C 4776 6236 6811 7866 8775 9089 10098 4779 6297 6942 7941 8776 9090 10128 4780 6299 7106 8177 8777 9091 10127 4781 6319 7370 8188 8778 9092 A complete line of envelopes and curing tubes from industrial, passenger and truck sizes up to and including tractor and vari- ous O.T.R. tires. Very high quality product manufactured by one of the premier rubber manufacturers in the U.S.A. r � BULLDOG Special Purpose Curing Tubes Tractor O.T.R. Double Gauge Spud 4000 Size Size Size 13.6/14.9 -24 15.5/17.5 -25; 15.5/17.5-25; 16.9/18.4 -26 1400/1600 -24/25 1400/1600 -24/25 11.2/12.4 -28 20.5 -25; 1800 -24/25 20.5 -25; 1800 -24/25 13.6/14.9 -28 23.5 -25 23.5 -25 16.9/18.4 -28 26.5 -25 1800 -33 16.9/18.4 -30 29.5 -25; 2400 -25 16.9/18.4 -34 29.5 -29 13.6/15.5 -38 1800 -33 20.8 -38 2100 -35 Advantage"' line of envelopes and inner envelopes cover from the smallest industrial sizes up to the largest O.T.R. sizes. Advantage" envelopes and inner envelopes represent the highest in quality manufacturing. Patented inner envelope seals by vacuum only... no clamps, heavy rims, bands or rings are needed. Heavier gauge in shoulders and tread area for longer envelope. Thinner gauge tear resistant skirt for easier mounting. Form fitted to the tire body and bead area. Supports repairs to tire body and bead area. Uniform pressure applied to all surfaces for maximum adhesion. Heat penetrates all surfaces equally for optimum vulcanization. .."Double Dot" Curing Tubes Curing Tube Size 62F12.5 77X 62F -15 950 -16.5 63F -15 80X, 83X A78 -13 92X 65F -16 1200 -16,5 67F -16, 635 -16 114X 67F -17, 68F -17 84X 685 - 17,735 -17, 300X 233 -62 -17 116X 704 -17 310X120 -20 F70-14,235-65-17 303X F60 -15 307X G60 -15 325X 754 -17 210 804 -17 320XXX F70 -14 -18 & 15- 310X 18, 243 -60 -18 353 -24 33.375" 320X 66F -18, 69F -18 34.50" 20" 330XXX G70- 14 -18, 243- 19" 67 -18 330X 76X 220 704 -18 340XXX F78 -14 340X, 340XL 754 -18, 775 -18 350XXX G70- 15 -18, 257- 225, 350X 75-18,253-71-18, 420B G78 -14 11 -22.5 82X 342XXX 804 -18, 815 -18 AC46 -16 845 -18 342X H78 -14 352X 885 -18 352XXX H70 -15, 885 -151g. 11 -24.5 10 -500 354X 854 -18 AC49 -17 915 -18 364X 904 -18 373X 905 -18 440B 73X, 74X 442B 954 -18 452B 800 -16.5 369X 875 -16.5 374X 1000 -16.5 34" Push in Valve Type Curing Tubes Tube Size 12" Small 15" Super Lg. 13" Small 16" Medium 13" Medium 16" Large 13" Large 700/750 -20 14" Small 825 -20 14" Medium 900 -20 14" Large 1000 -20 14" Extra Lg. 1100 -20 15" Small 1200 -20 15" Medium 1000-22,11/12-22.5 15" Large 1100-24,11/12-24.5 15" Extra Lg. 13/1400 -20 15.5/16.5 -22.5* *Non- stocking items — must order 25 or more for production run. Uni -Tubes Tube Size UN -12" UN- 750 -16 UN -13" Small UN- 825 -20 UN -13" Medium UN- 245 - 75/255 -70 -22.5 UN -13" Large UN- 900 -20 UN -14" Small UN- 265 - 75/275 -80 -22.5 UN -14" Medium UN- 1000 -20 UN -14" Large UN- 1000 -22- 11/12 -22.5 UN -14" X -Large UN- 1100 -22 UN -15" Small UN- 295 -75 -22.5 UN -15" Medium UN- 1100 -20- 1200 -20 UN -15" Large UN- 285 -75 -24.5 UN- 700 -15 UN- 1100 -24 UN- 750 -15 UN- 1200 -24; 11/12 -24.5 UN- 10/11 -15 UN- 1300/1400 -24 UN- 700 -16 UN- 15/16.5 -22.5 UN- 700/750 -20 UN -8/9 -19.5 Road Rim Grader Tubes Tube Size 1300/1400 -20 1300/1400 -24 Accu Fit If Inside Envelopes Envelope Size 4028 -22.5 3748 -24.5 3748 -22.5 3748 -20 4028 -24.5 Robbins Envelopes Module Size O.D. _ B.B. 540 -36 54" 36" 480 -32 48" 32" 466 -31 46.75" 31" 442 -24 44.25" 24" 422 -24 42.25" 24" 402 -25 40.25" 25" 396 -28 39.75" 28" 381 -26 38.10" 26" 374 -21 37.50" 21" 353 -24 33.375" 24" 344 -20 34.50" 20" 320 -19 32" 19" 295 -19 29.625" 19" 274 -19 27.50" 19" 252 -15 25.25" 15" 216 -15 21.75" 15" Envelopes Pull Skirt Size O.D. B.B. 540 -36 54" 36" 480 -32 48" 32" 466 -31 46.75" 31" 452 -36 45.25" 36" 452 -38 45.25" 38" 442 -28 44.25" 28" 442 -30 44.25" 30" 442 -32 44.25" 32" 442 -34 44.25" 34" 422 -28 42.25" 28" 422 -30 42.25" 30" 422 -32 42.25" 32" 422 -34 42.25" 34" 402 -25 40.25" 25" 396 -28 39.75" 28" 381 -26 38.10" 21" 374 -21 37.50" 21" 353 -24 33.375" 24" 344 -20 34.50" 20" 320 -19 32" 19" 320 -23 32" 23" 295 -19 29.625" 19" 274 -19 27.50" 19" 252 -15 25.25" 15" 216 -15 21.75" 15" Champion Air Compressor Two stage, tank mounted R series air compressors. Range in size from 1 -1/2 H.P. to 100 plus H.P. Air pressure ratings range to 175 PSIG. Ingersoll -Rand Air Compressor Rotary Screw Type 611 GRACO Tire Cement System The finest airless tire cement system available. Includes airless pump, regulator, blow out gun, filter, agitator, hose, gun, gun swivel and spray tip. 5 gallon model. Olson Enveloper The Olson Enveloper is available in three sizes to accommo- date tires from 7.50 -16 through 18 -22.5. The enveloper extends the life of the rubber envelopes thus reducing the replacement cost of envelopes and will increase productivity of the work force. 0 Advantage" Autoclave/ Loading and Unloading System There are several TARAY /Advantage`N Autoclaves to choose from. Systems are available with a 7, 12, 15, 22 or 25 tire capacity. The autoclaves are available heated either electrically or with steam, with or without automatic loading and unloading systems and with automatic or manual controls. Advantage's" Boiler Taray International offers a full line of boilers to accommodate any size retreading operation. Models are avail- able with either gas, fuel oil or electric heat sources. Unique Loading S. Unloading System Cuts your loading and unloading process to 3 -5 minutes. You can get one more cure per shift. Saves time and energy while retreading the tires. aray International Corporation has been exporting tire retreading equipment and supplies worldwide since 1979. After moving operations from New Jersey to Florida in 1987, the company has specialized in selling and servicing complete precure retreading plants while expanding into a full service export company. Today, Taray International Corporation, with two offices and one warehouse opera- tion in the U.S.A. sells products to over 72 countries worldwide. TARAY /AdvantageTM Precure System Retreading Plants are designed, shipped and installed by our own personnel. We also offer training, after sale service, and raw materials to all TARAY /AdvantageT" Retread Plant purchasers worldwide. Taray also represents Carlisle Tire & Wheel Company exclusively for exports to all areas of the world. In addition to exporting Carlisle tires and wheels, Taray is one of the major exporters of American Manufactured inner tubes and private label tires. In 1994 Taray started a Domestic Sales Division to exclusively serve the tire retreaders within the United States and Canada. Most products include the Advantage"' Buffing Blades, Advantage"' Mini - Extruders, Advantage"' Nail Hole Repair Extruders, Advantage" Extruder Cleaner, Advantage"' D -100 Nail Hole/Broken Belt Detectors, Advantage"' Rubber Surgery Tools, Advantage'" Rope Rubber, Advantage" Poly and Advantage"' Patch Products. All private label products are manufactured by major manufacturers to Taray's specifications. We look forward to serving you... "Our business is global... our service is personal." ADMINISTRATIVE OFFICES BRANCH OFFICE 1112 N. Collier Boulevard, Marco Island, FL 34145 USA (941) 394 -6099 • Toll Free: (800) 526 -0049 • Fax: (941) 394 -5388 E -mail: tarayintl@worldnet.att.net Website: http: / /www.taray.com 205 N. St. Joseph Street, Suite C, Morrilton, AR 72110 USA (510) 534 -1640 • Fax: (501) 534 -3616 Warehouse Operations 994 North Barfield Drive, Marco Island, Florida 34145 Fax: (941) 394 -6538 03 /98CCP3384RV ,f 1611 COLLIER COUNTY GOVERNMENT Pelican Bay Services Division 801 Laurel Oak Drive • Suite 605 • Naples, Florida 34108 • (239) 597 -1749 • Fax (239) 597 -4502 Fiala Halas Henning Coyle — Coletta NOTICE OF PUBLIC MEETING RECEIVED MAR 14 2003 board of Cou"4 COmmissioners NOTICE IS HEREBY GIVEN OF A REGULAR MEETING OF THE CLAM BAY SUB- COMMITTEE AT THE HAMMOCK OAK CENTER, 8962 HAMMOCK OAK DRIVE, NAPLES, FLORIDA 34108 ON THURSDAY, MARCH 20, 2003 AT 10:00 A.M. AGENDA 1. Roll Call 2. Approval of Minutes of the January 14, 2003 Meeting 3. Mangrove Die Off Area – White Mangroves 4. Hydrodynamic Study Update 5. Cattail Removal – 2 Acre Planting Area 6. Audience Participation 7. Adjourn ADDITIONALLY, THIS NOTICE ADVISES THAT, IF A PERSON DECIDES TO APPEAL ANY DECISION MADE BY THE PELICAN BAY SERVICES DIVISION BOARD, WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, HE WILL NEED A RECORD OF THE PROCEEDINGS AND THAT FOR SUCH PURPOSE, HE MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. ANY PERSON REQUIRING SPECIAL ACCOMMODATIONS AT THIS MEETING BECAUSE OF A DISABILITY OR PHYSICAL IMPAIRMENT SHOULD CONTACT THE DIVISION OFFICE AT (239) 597 -1749 AT LEAST FIVE CALENDAR DAYS PRIOR TO THE MEETING. 1611 CLAM BAY SUB - COMMITTEE MINUTES — January 14, 2003 Naples, Florida LET IT BE KNOWN, that the Clam Bay Sub - committee of the Pelican Bay Services Division Board met in Regular Session on this date, January 14, 2003 at 3:30 P.M. at The Pelican Bay Services Division Field Office, 6200 Watergate Way, Florida 34108 with the following members present: Mr. David Roellig, Chairman Mr. M. James Burke Mr. John Domenie Mr. George Werner ALSO PRESENT: One (1) Pelican Bay resident; Ms. Kara Cave, Turrell & Associates; Mr. Ken Humiston, Humiston & Moore Associates; Mr. Kyle Lukasz, Field Manager, Pelican Bay Services Division; Mr. James P. Ward, Department Director, Pelican Bay Services Division; and Mrs. Barbara Smith, Recording Secretary. AGENDA 1. Roll Call 2. Approval of Minutes of the September 12, 2002 Meeting 3. Seagate Culverts Humiston and Moore Proposal for Analysis of Tidal Flow Data 4. Improvement Projects Hydrographic Monitoring Mangrove Water Level Monitoring 5. Dune Restoration Restoration Planting 6. Interior Channel Mapping 7. Audience Participation 8. Adjourn ROLL CALL Mr. Roellig called the meeting to order and asked that the record show all members present. APPROVAL OF MINUTES OF THE SEPTEMBER 12 2002 MEETING Mr. Werner moved, seconded by Mr. Domenie and approved unanimously, the Minutes of the September 12, 2002 Meeting. VANDERBILT LAGOON STUDY Mr. Roellig stated, "I have talked with Mr. Smith of Collier County and learned that the County Attorney and the attorney for Vanderbilt Beach are talking about what type of letter they are going to need in order to initiate the Vanderbilt Lagoon Study'. Even though a few months have passed since we sent our letter, it appears that they are a long way from getting a request to 236 Clam Bay Sub - committee January 14, 2003 the Corps of Engineers to start a Vanderbilt Lagoon Study. The attorney's have to decide on the type of letter and then, of course, it has to be placed on an Agenda for the Board of County Commissioner's approval. If they would agree on a letter today, it would be another month before the study would even be requested. It appears to me that the Vanderbilt Lagoon study is not going to happen for quite some time. Mr. Ward stated, "That is not a problem ". Mr. Roellig replied, "It is not a problem, although we moved along to try to keep in front of it, but we did not know that it would not leave the gate at all ". Mr. Domenie asked, "Our letter did go out, didn't it "? Mr. Ward replied, "Yes ". Mr. Werner asked, "Are you intimating that we are ahead of the gun with this hydrographic monitoring study'? Mr. Roellig stated, "I believe it is underway, but I am somewhat surprised that the County has not moved forward with at least the study request at this point ". It is certainly out of our hands and all of the sudden there does not appear to be a driving force behind it. The reason we went with the hydrographic monitoring study was because we wanted to stay a couple of steps ahead of the Vanderbilt Study, but we didn't expect it not to get started. Mr. Domenie stated, "I thought that part of the information was basically incidental to our hydrographic study because the hydrographic study covers the entire mangrove area and this was only one small part of it ". We had decided to go ahead with it in any case because it would be beneficial for us to know what is going on, before somebody else does. Mr. Roellig stated, "The other reason was that we wanted to get our information together before they got too far down the road ". Mr. Werner stated, "I don't see any reason to reconsider that decision ". Mr. Domenie asked, "Has our $80,000 study been started "? Mr. Ward replied, "Yes, that is well underway'. 237 Clam Bay Sub - committee January 14, 2003 SEAGATE CULVERTS 111' Mr. Roellig stated, "The flap gates have been off for quite some time and by just going by and looking at it, that does not tell you much ". There does appear to be quite a bit of flow into Clam Bay. One of the things that we want to discuss is the Proposal from Humiston & Moore. I was looking for some type of analysis as to whether or not we are getting a net inflow into Clam Bay. Was there any flow velocity or was it strictly run off that you found in the data that was collected? Mr. Lukasz replied, "We took the water level and the velocity'. Mr. Domenie asked, "Over how long a period of time "? Mr. Lukasz replied, "Over all of the tidal cycles ". Mr. Domenie asked, "On any particular day and was it high tide and full moon "? Mr. Lukasz replied, "It was taken over both tidal conditions and both extremes, during the spring and neap tides ". Mr. Roellig stated, "One of the problems we have is that we have a Proposal, but we do not have a breakdown ". Is this mostly technician work? Maybe we could discuss the scope of what we are looking for. Mr. Humiston replied, "It is both technician and engineering work and is very similar to the study that we performed two years ago, where we compared the flow data collected by Mr. Tackney'. It is similar, but in this case we have quite a bit more data. We now have five sets of data. There is a lot of data that has to be reduced and we would take the flow and velocity data and turn it into volumetric flow data instead of just a maximum flow velocity. We can actually compute flow volumes and know what volume of water is going through the pipes in each direction on each type of tide condition. The computation gets involved because, except on very high tides, the pipe is only partially full so you have to use the geometry of the cross - section to determine an average flow of velocity for that cross - section and that is how we come up with the budget. Mr. Domenie asked, "Do we have three pipes there and are they all the same diameter and elevation "? 238 Clam Bay Sub - committee January 14, 2003 Mr. Humiston replied, "They are all the same ". Mr. Domenie asked, 'What is the diameter of the pipes "? Mr. Humiston replied, "I believe they are 36" pipes ". Mr. Roellig stated, "Part of the problem is that the Proposal came in more than what the Board has authorized ". I understand we are not negotiating by price. I believe what we are really looking for is some idea as to whether there is a real difference in flow and what is the predominant direction of flow. Mr. Burke asked, "Is our intent with all of this data to determine if the flap gates should be there or not, or that it does not make any difference "? Mr. Roellig replied, "In a sense we are, but the basic problem in my view is, is there a net contribution from Venetian Bay into the Clam Bay System or is there a net contribution from Clam Bay to Venetian Bay"? Obviously if there is a net contribution to Venetian Bay, there is less water going out the pass. We basically want to find out if the amount of water going out the pass has changed significantly, particularly in a negative fashion. Mr. Werner asked, 'Will this study interact with the Hydrographic Study"? Mr. Humiston replied, 'We will be able to use the results of this information as input into the modeling and it should help us to get a more accurate calibration ". Mr. Domenie stated, "You are getting a static of what the situation is today, but if Doctor's Pass gets dredged or if our pass fills in, all your figures are less accurate, is that correct "? Mr. Humiston replied, "If the situation would change I believe the information we have is accurate and it is kind of static for a snapshot in time, but by having this information if there are some other changes, the measurements could be repeated and then we can quantify what the affect is ". Mr. Domenie asked, "Do you have any idea of the condition of Doctor's Pass at the moment "? Some years ago I was going out that pass in a sailboat with a friend and we could only go out at high tide. Are we measuring at a good time when Doctor's Pass is completely open? 239 Clam Bay Sub - committee January 14, 2003 Im" Mr. Humiston replied, "I don't know that for sure, but I believe they dredged Doctor's Pass a year ago ". We could certainly find that out from the City of Naples because they monitor that. Mr. Roellig stated, "My understanding is that when it becomes too shallow for navigation, that does not really mean that the cross - section of the entire pass has changed a great deal ". I don't know how much of it really impacts the flows in and out of Doctor's Pass. Mr. Domenie replied, "At that time we had to hug the south end of the pass, because the north end was completely filled with sand ". That certainly would affect the cross - section. Mr. Humiston stated, "Although there is a shoal at the entrance to the pass causing some restriction, if the remainder of the channel going back into the bay was open, that would not represent as much of a drag on the flow through the inlet ". We see the same thing with Clam Pass. The entrance of the pass gets smaller when there is a storm and then it cleans out when the tidal currents flow through it. It is able to do that because the interior is still open and does not restrict the flow. Mr. Roellig stated, "I don't have any data, but I recall that the thought was that any inflow into Clam Pass would have little percent change in the tidal prism of Doctor's Pass ". I don't think there would be a big difference in tidal prism as it affects Clam Pass. Mr. Humiston replied, "There probably wouldn't be and it would depend on the tidal range ". Mr. Lukasz has collected that data so we have the tide range data to go along with the current data. If there were some changes at Doctor's Pass that affected the tidal range we should be able to come up with some correlation between tidal range and flow through the culverts. Mr. Domenie stated, "You refer to sorting and verifying the data from the five (5) sets of data ". What are the five (5) sets of data? Has this been collected in the past? Mr. Humiston replied, "That is what we have been talking about ". The data was collected on both the flood and ebb tide under the spring tide condition and the ebb tide condition ". One or two of those was repeated, so there are actually five (5) or six (6) sets of data instead of the four (4) that we had originally anticipated. 240 Clam Bay Sub - committee January 14, 2003 16,11 -4 Mr. Werner stated, "Mr. Roellig, you made the motion at our December Board Meeting which said that the task will include reducing and analyzing the data, but will not include the analysis necessary for estimating the importance of the flow through the culverts, both with and without the one -way flow valves ". Was reduce and analyze the data what you wanted them to do? Mr. Roellig replied, "Right ". As far as the one -way flow valves, I believe we are in agreement that before the flap gates were removed there was very little flow due to only one culvert flowing. Mr. Domenie stated, "At the December Meeting we approved an expense of $2,000, which was a figure that was kind of an estimate pulled out of a hat ". In effect, is this $4,100 substituting for the $2,000? Mr. Ward replied, "it is substituting for both the $8,000 and the $2,000 °. It is a new proposal that removes some of the services that were originally contained in the $8,000 Proposal. There was never a $2,000 proposal on the table. Mr. Roellig explained, "The Board did not see fit to go along with the $17,000 proposal and this was the compromise ". Mr. Werner stated, "I remember this well because I made the second to Mr. Roellig's motion ". You used the $2,000 figure and I believe if you had said $4,000 there would not have been a problem. It was an estimate. Mr. Roellig asked, "Do we need to go back to the full Board to ask for the $4,000 "? Mr. Ward replied, "Yes, this was a motion of that Board ". Mr. Roellig replied, 1 don't have a problem with that ". We have a good understanding of what is being proposed and I believe it is what we are looking for. Board "? Mr. Werner asked, "Does this Committee want to go back with a recommendation to the Mr. Ward stated, "I would advise you to make a recommendation one way or the other'. 241 Clam Bay Sub - committee January 14, 2003 1611 Mr. Domenie stated, "I would recommend that we recommend the $4,100 be used in place of the $2,000 ". This work is not only going to substitute for the $2,000, but we are going to get additional data and it is going to tie in with the Hydrographic Study. on Mr. Roellig stated, "I have a gut feeling that those flap gates are never going to go back Mr. Domenie stated, "Unless this data is entirely different than what we anticipate, we can sell the flap gates to somebody." Mr. Werner stated, "I will second that motion based on the fact that it is going to contribute additional data for the hydrographic modeling ". Mr. Domenie moved, seconded by Mr. Werner and :approved unanimously to make a recommendation to the fuican Bay Services Division Board for acceptance of t,100 Proposal for the Seagate Culvert Data Analysis. Mr. Roellig asked, " Are we on schedule as far as the monitoring effort"? Mr. Humiston replied, "We are in the initial stages and we are working on that ". The first thing that had to be done was the collection of the data and we now have hydrographic data for the entire bay system. We are incorporating that data into a grid that the model runs on. We are in the process of loading the model and getting all of the input into it so that we can start performing the hydrodynamic runs. It is very preliminary right now and we have no results. Mr. Roellig asked, "Will the model be complete in April or May'? Mr. Humiston replied, "I believe that is right ". HYDROGRAPHIC MONITORING Mr. Roellig asked, "Have we monitored the pass and surveyed the cross - sections "? Mr. Lukasz replied, "That will be done in May'. Mr. Werner asked, "Is the $80,000 referred to as Hydrodynamic Modeling "? Mr. Roellig replied, "Right ". MANGROVE WATER LEVEL MONITORING Mr. Roellig reported that the mangrove water level monitoring was ongoing. Q, VA, Clam Bay Sub - committee January 14, 2003 Ms. Cave of Turrell & Associates reported that four of the loggers are in place and they still need to be surveyed. We hope to be done with that next week. The fifth logger is going in the die off area and we are waiting to go out with the surveyors to install that particular one in order to coordinate the best spot for the surveyors and us to be able to get in and get an accurate survey. We will probably start out with having them log every hour in the beginning and then possibly cut back to four times a day or so once we see where the changes are. INTERIOR CHANNEL MAPPING Mr. Roellig stated, "I believe in our schedule that we have some channels scheduled to be dug starting in January, but the interior channel mapping is complete ". Mr. Ward replied, "No, we are not doing any channels until after the hydrodynamic modeling has been completed ". Mr. Domenie stated, "I heard Ms. Worley make a presentation where she indicated that there were many canals in the die off area that are dead end ". Mr. Lukasz replied, "A lot of the channels tie into other channels ". All of the channels that I have seen may run into another channel and not necessarily into the Bay". Mr. Domenie stated, "I don't care when the channels were dug, but for the ones indicated in dark blue, you have to hold the map in a certain light to be able to see them ". I was looking for the channel that was dug at the north end of the berm. Mr. Ward replied, "We will get the survey print ". Mr. Domenie asked, "Do you have a large scale map in the office "? Mr. Lukasz replied, "Yes ". Mr. Roellig asked, "Are we intending to maintain the channel in the north area "? Is it Mr. Lewis's proposal to do that? Mr. Lukasz replied, "Leaving the channels open into the cattail area was discussed ". Mr. Roellig stated, "Some people thought the channel caused a lower water level into Pelican Bay and I don't know if that it true or not ". Mr. Lukasz replied, "It puts more water in there ". Unless you had a very high tide and the water would sheet flow, no water would get back in there. 243 Clam Bay Sub - committee January 14, 2003 1611 Mr. Roellig stated, "If for some reason it never gets enough fresh water in there to flow out, a Hydrodynamic Model will tell us that ". Mr. Lukasz stated, "There is a channel at both the north and south end and this was done intentionally to help increase the flow ". DUNE RESTORATION Mr. Roellig reported that the dune restoration was completed quite some time ago. What is the status on the planting and irrigation? Mr. Lukas replied, "I have a price of $.74 a plant ". The plan requires 2,100 plants for our area and 1,500 for the restoration, which was done in front of the Commons and I have spoken to Mr. Kinney about this ". I spoke with the contractor who installed the sea oats and he said that as long as there is a capillary zone that holds moisture, within three or four inches of the surface, you would not have to install irrigation. Mr. Roellig asked, "How does this work out dollar- wise "? Mr. Lukasz replied, "You are looking at approximately $2,000 for our plantings and less that $1,500 for the Foundation's work ". Mr. Roellig stated, "It is under what we had in the budget as I recall ". Mr. Lukasz replied, "Yes ". As soon as we confirm that the capillary zone is there, we can move ahead with the plantings. Mr. Domenie asked, "Should we wait until the rainy season "? Mr. Lukasz replied, "The contractor said that would not be necessary'. The problem with waiting for the rainy season is that you are then into turtle nesting season. RILEY ENCASEMENT METHODOLOGY — MANGROVE PLANTING you. Mr. Ward reported that we just received Mr. Riley's Report and it is being distributed to Mr. Roellig stated, "This is interesting, but it turns out that the volunteer growth has been more than sufficient for our needs ". It could have been done for nothing. Mr. Werner replied, "That is true, but this was another effort to make things grow". 244 Clam Bay Sub - committee January 14, 2003 16111 Mr. Domenie asked, "Isn't most of the natural re- growth along the channels that were dug "? These encasements were in a plot. area ". years ". Mr. Lukasz replied, "Yes, but there were seedlings that have popped up throughout the Mr. Roellig asked, "How long have these seedlings been in "? Mr. Lukas replied, "They were planted in December, which would make it a little over two Mr. Werner stated, "Mr. Riley raises the issue that maybe we are transforming rather than restoring the system and one from red and black mangroves to perhaps one dominated by white mangroves ". What is the difference and does anybody care? Mr. Ward replied, "They are green, they grow and it is a mangrove ". I am not sure I care. Mr. Werner asked, "Ms. Cave, do you care "? Ms. Cave replied, "That question needs to be asked of Mr. Hall ". Mr. Hall would be better qualified to answer that question since he has been working with the system for a longer period of time ". Mr. Roellig stated, "I would like to have Turrell & Associates provide us a short analysis of this issue ". I am not asking for anything critical, but something that could answer that question in a short memo. I believe that would be a part of Mr. Turrell's job as the Project Manager. Mr. Domenie stated, "Mrs. Potter has always been here and attends all of our sessions and once or twice has spoken up ". It is not my goal to embarrass you in any way, but what is your personal impression of some of the things we have discussed? Do you feel we are going in the right direction or completely haywire? How does the Mangrove Action Group feel about the activities of the Pelican Bay MSTBU? If you say no comment, I am willing to understand that. Mrs. Potter replied, "Thank you for giving me an out ". I would love to say no comment because I do not know as much as you gentlemen do and I don't have access to your records. We are very grateful to the Sub - committee for doing this work. If it weren't for you gentlemen, I believe the mangroves would have been overlooked. We are just supporting your efforts and trying to keep the public aware. As you know people can get all riled up over one part of an issue 245 Clam Bay Sub - committee January 14, 2003 W''IE and then they drop it. It is just too bad that mangroves die. It is just too bad that we have big black spots in the overall canopy. People see them from their balconies and get very distressed about it. This is why I believe our Annual Meeting is so important; it gives people an overall picture and this is the only time they get that overview. If they had more knowledge they would be more understanding. I do pray that you suffer them kindly, as I know they do try your patience. front "? Mr. Burke asked, "Are we paying Mr. Riley for anything that is going on or was he paid up Mr. Ward replied, "The original Purchase Order was issued for Mr. Riley's work in the amount of $24,400 ". In December 2000, we paid approximately $14,490 and $3,300 in September 2003, for a total of $17,800. That is all we have been billed so far under the $24,400 Purchase Order. Mr. Burke asked, 'Was there some hope that eventually this would work and Mr. Riley could come in and seed the entire area "? Mr. Ward replied, "At the time we did this, it was pretty bad out there ". There was nothing growing and we had no ideas. This was an idea to try to replant that area and if it worked, because of the high water levels, we might be able to go in and do more. That was the test that was done. It appears to have worked relatively well for what it was intended to do. The channels were another idea, which appears to have worked very well also. Both ideas have worked extremely well. Mr. Burke stated, "When you look over that area I don't know what is growing down there, but it appears a lot better than it did a year and one half ago ". Mr. Domenie replied, "It is mostly Battis ". Mr. Ward stated, "It looks good, but the mangrove seedlings are spread out ". Around the channels new growth is quite dramatic and you see a lot of mangrove seedlings throughout that system. It seems to me that the big concern now is some of the big die off areas that are further south throughout the system that were identified in your Annual Report. 246 Clam Bay Sub - committee January 14, 2003 Mr. Domenie asked, "Should we go in the new die off areas and plant seedlings rather than wait for the entire area to die "? Mr. Ward replied, "I will ask Mr. Hall that question and if he feels we should do it, we will have it done ". Mr. Werner stated, "I believe Mr. Hall wants to make sure of what is causing the problem before we go that route ". Mr. Ward stated, "I believe I asked Mr. Hall that question before and I recall his answer being that it probably would not be a good idea ". He does not want anybody tramping around the mangroves in that location. My memory is starting to fail, but I will ask him that question again. Mr. Roellig stated, "Along the South Boardwalk there are a lot of dead trees, but there is a lot of new growth in the under story'. The ground is well covered with juvenile mangroves. Mrs. Potter stated, "There are some areas where nothing is growing ". There is just a muddy floor with a lot of umbrella -type red mangrove roots. It is right in between two areas that are growing and why that one area won't grow is a big question. From above it looks fine because it is still green on top. Mr. Werner asked, "Did you talk this over with Mr. Hall when you have talked with him "? Mrs. Potter replied, "Mr. Hall has said that it is being monitored ". There is also an infestation of a fungus growth and also a beetle in that area. Mr. Ward stated, "Mr. Hall has indicated that the fungus is indicative of weak plants ". It is on those trees that are weak looking along the South Boardwalk and there is some in other areas not along the Boardwalk. Mr. Domenie stated, "Picture three shows prop root development on the red mangrove and the encasement is gone ". Do we go around and pick up those encasements as they pop open? Mr. Lukasz replied, "We would remove them if we found them laying on the ground and not being used any longer'. Mr. Ward stated, "We do not go in there as a matter of course and pick them up ". Walking in there makes it worse. 247 Clam Bay Sub - committee January 14, 2003 yh t Mr. Roellig stated, "It is my attitude that this Sub - committee does not need a regular schedule for meetings and should meet as topics come up ". We have gone about the maximum amount of time between meetings this round because it has been about four months since we have met. Do other members have any feelings on that? Mr. Domenie stated, "We have to rely on Mr. Ward and Mr. Lukasz to inform us of major developments or new information that should come to this Board ". If there is nothing new to report there is no reason for the Sub - committee to meet. Mr. Ward stated, "I would like to meet more often than every four months and I think the holidays got in our way over the past couple of months ". We will try to schedule things as appropriate. We are getting to the point in this Hydrodynamic Analysis, that I want to make sure that the consultants are on time and on track to get this project completed and get drafts of these reports to us that we can review them for preparation and presentation to you and the full Board. I have made it abundantly clear to the consultants that I want to make sure that we get this done on time and to you for your consideration this year, in time to handle our budget considerations. Mr. Roellig asked, 'When does the budget start"? Mr. Ward replied, "It starts in May". Mr. Roellig stated, "With that timeframe we would need to have another meeting in April ". Mr. Werner stated, "That last thing you want to do is meet if you don't have anything to meet about ". That takes up a lot of valuable time, not to mention our own. Mrs. Potter asked, "If you don't have regular meetings, how will you compile a Sub- committee Report for the Board Meetings "? We rely on progress reports and I hope you are planning on progress reports. Mr. Roellig replied, "In the past I have reported on significant developments which have occurred between meetings ". Progress Reports have been a part of our meetings and will continue. Mr. Werner stated, "Mr. Hall would normally handle the updates for the Board ". I don't see any particular reason for him updating our Sub - committee and Board if there is no action to be recommended. Mr. Turrell is the Manager of this project. .; Clam Bay Sub - committee January 14, 2003 Mrs. Potter stated, "If the studies show something different, you have to hop on it very fast and change a lot of things ". Mr. Werner stated, "That is when a Sub - committee meeting would be called ". Mr. Domenie stated, "Don't forget every month we get the financial report that indicates by line what has been done and what still has to be done ". That in effect is an update and even though it is financial, it does represent work that has been done over the last month or so. Mr. Ward stated, "The primary focus this year is the Hydrodynamic Model and the results of that ". Winter is normally slow for us because that is data collection time and the consultants are putting together the beginnings of that report. It will speed up a little as we get out of the winter months. Mr. Werner stated, "I don't mind meeting once a week if we have to, I just don't want to meet and sit here with nothing to discuss ". ADJOURN There being no further business the meeting adjourned at 4:25 P.M. Mr. David Roellig, Chairman 249 � cam- TO: Kyle Lukasz, PBSD FROM: Tim Hall DATE: March 07, 2003 RE: Red vs. White Mangroves TTT #9845 Kyle, I L 1�! MARINE & ENVIRONMENTAL CONSULTING MEMORANDUM It has come to my attention that there has been some discussion regarding a comment that was put forth in Mr. Riley's report regarding the potential conversion of the die -off area from a red and black mangrove system to a white mangrove system. I think that it is important to realize that white mangroves are the normal first and dominant colonizers in almost all mangrove restoration sites where data has been collected in Florida. The normal transition is for whites to be replaced over time by a mixture of reds, blacks and whites. The old notion that red mangroves are the "pioneer" species is not supported by the scientific data collected in Florida. What is being observed is perfectly normal and it is much too early to determine what the final mangrove mix will be. I can get evidence of at least three other sites locally that showed initial dominance of white mangroves with reds becoming more established later. I also spoke to Robin Lewis regarding the matter and he agreed with me regarding the mangrove succession in restoration areas. We both feel that without the ditching, there would most likely be little if any mangrove regeneration on site. Give me a call if you have any other questions. Tun Hall TO: Kyle Lukasz, PBSD FROM: Tim Hall DATE: March 12, 2003 TURRELL & ASSOCIATES,�IfQd..l RE: Clam Bay Studies Work Status TTT #9845 Kyle, MARINE & ENVIRONMENTAL CONSULTING U I 011NE13 ' 11110 In response to your recent question regarding the status of work activities in the system, I am providing this memo with a brief update on each activity. Monitoring wells — The wells are installed and collecting data. They have been located by the surveyors but existing ground and benchmark elevations still need to be established. The surveyors have told me that this should be completed by the end of next week. The delay does not affect the data collection, as all data collected will simply be corrected based on the benchmark elevations once they are established. Hydrographic Study — The baseline survey data has been collected and the initial grid system for the waterway modeling has been established. Calibration of the grid system has been done to verify that the results produced by the model match the actual conditions recorded in the system at the tide gauges. Work now underway is varying potential upstream freshwater inflows and quantifying the way in which the bay is trapping freshwater. This is the real meat of the analysis and will produce the potential results to how the system will react if inflows to the system are altered. Seagate Culverts — The data collection has been accomplished and flows have been computed. In order to finish this work, the culvert elevations are required. It is our understanding that you have coordinated with the surveyors to get this information to Humiston and Moore. Dune Plantings — As you know the plantings have been put in. We will continue to monitor and document their growth. Mangrove Trimming — This is still under review by DEP. We will keep you informed on any new developments. Give me a call if you have any other questions. Tun Hall 16K1 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16K2 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16K3 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 16K6 DOCUMENT NOT RECEIVED IN CLERK TO THE BOARD OFFICE AS OF DECEMBER 17, 2003 COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv./Planning Person: Petition No. (If none, give brief description): SE -03 -AR -3777 Petitioner: (Name & Address): Ray Bellows, Planning Services, 2800 N. Horseshoe Drive Name & Address of any person(s) to be notified by Clerk's Office:Same as above. ATT: Karen Bishop, P.M.S., 2335 Tamiami Trail Noi Suite 408, Naples, Florida 34103 before XX BCC 0 BZA 0 Other Requested Hearing date: 4/8/03 Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other O Legally Required Proposed Text: (Include legal description & common location & Size: An Ordinance Amending Ordinance Number 02 -07, The Richlan PUD, to correct a Scrivener's Error in Paragraph 8, Transportation, of Section 6.4, Development Commitments. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? XX Yes 113 - 138312- 649110 ev ewed by: Department Head Date List Attachments: 0 No If Yes, what account should be charged for advertising costs: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request foi same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: -3I 9 (03 Date of Public hearing: 14 /8l 03 Date Advertised: I T ORDINANCE NO. 03- AN ORDINANCE AMENDING ORDINANCE NUMBER 02 -07, THE RICHLAND PUD, TO CORRECT A SCRIVENER'S ERROR IN PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS THEREOF AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02 -07, on February 12, 2002, and; WHEREAS, following said action of adopting Ordinance No. 02 -07, staff determined that the Richland PUD Document transmitted to the Department of State did not contain a provision that was otherwise intended to be included in it, but nevertheless made a part of the record of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS. Paragraph 8, Transportation, of Section 6.4, Development Commitments, of the Richland PUD, Ordinance Number 02 -07, is hereby amended to correct a scrivener's error by amending said Section to read as follows: 8. The commercial tract shall provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be placed on the commercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibility of the eeffmwm W residential property owners and/or their property owner's association. No construction traffic shall use this interconnection. SECTION TWO: EFFECTIVE DATE 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 ATTEST: DWIGHT E. BROCK, CLERK day of 2003. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA :_ TOM HENNING, CHAIRMAN 1 Words stmek dweegk are deleted; words underlined are added. Approved as to Form and Legal Sufficiency: 0 a t ''LC- cc.� Marjorie U. Student Assistant County Attorney Ordinance 5E -03 -AR -3777 mi • Words s#ntEk4hfeugh are deleted; words underlined are added. 17A 17A March 7, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: Ordinance Amending Ordinance #02 -07 Petition 5E -03 -AR -3777 Dear Georgia: Please advertise the above referenced petition on Sunday, March 23, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, i Trish Morgan, Deputy Clerk P.O. /Account # 113 - 138312 - 649110 NOTICE OF INTENT TO CONSIDER ORDINANCE 17 Notice is hereby given that on Tuesday, April 8, Boardroom, 3rd Floor, Administration Building, Coll: Government Center, 3301 East Tamiami Trail, Naples, of County Commissioners will consider the enactment Ordinance. The meeting will commence at 9:00 A.M. proposed Ordinance is as follows: 2003, in the ier County Florida, the Board of a County The title of the AN ORDINANCE AMENDING ORDINANCE NUMBER 02 -07, THE RICHLAND PUD, TO CORRECT A SCRIVENER'S ERROR IN PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS THEREOFI AND BY PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file with the Clerk to the Board and are available for inspection. All interested parties are invited to attend and be heard. NOTE: All persons wishing to speak on any agenda item must register with the County administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chairman, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) o� SHE ClQCG'� U y Dwight E.kkBrock March11er7, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLLIER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES. FLORIDA 34101,9044 ATTN: Karen Bishop P.M.S. 2335 Tamiami Trail North Suite 408 Naples, FL 34103 CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Re: Notice of Public Hearing to Consider Amending Collier County Ordinance No. 02 -07 Petition: SE -03 -AR -3777 Dear Petitioner: Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK Patricia L. Morgan, Deputy Clerk Enclosure Patricia L. Morgan l To: Georgia (E -mail) Subject: Advertising - Ord Amend Ord #02 -07, Petition SE -03 -AR -3777 Yfi Georgia, Tease advertise the enclosed on Sunday, Warch 23, 2003. Thanks, Irish 9Yinutes o� Records Ti Ord Amend Ord Ord.Amend.Ord.02 02- 07.doc - 07,Scrivener'... Patricia L. Morgan 17A From: postmaster @clerk.colIier.fl.us Sent: Friday, March 07, 2003 2:10 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) INIKE ATT113981.bd Advertising - Ord Amend Ord #0... This is an automatically generated Delivery Status 5 of fication. Your message has 6een successfully relayed to the following recipients, 6ut the requested delivery status notifications may not 6e generated 6y the destination. f--gafs@napfesnews.com Patricia L. Morgan 17A From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 07, 2003 2:00 PM To: Patricia L. Morgan Subject: Delivered: Advertising - Ord Amend Ord #02 -07, Petition SE -03 -AR -3777 LI Advertising - Ord Amend Ord #0... «Advertising - OrdAmend Ord #02 -07, Tetition SE-03-AR-3 777>> Your message 7o: Georgia (E -main Subject: Advertising - OrdAmend Ord #02-07, (petition SE-03-AR-3 777 Sent: Fri, 7 Mar 2003 14:09:58 -0500 was defivered to the fo(lowing recipient(s).- Cegafs on Fri, 7 afar 2003 14:00: 08 -0500 Advertising - Ord Amend Ord #02 -07, Petition SE -03 -AR -3777 Patricia L. Morgan From: legals [legals @napiesnews.com] Sent: Friday, March 07, 2003 3:58 PM To: Patricia L. Morgan Subject: RE: Advertising - Ord Amend Ord #02 -07, Petition SE- 03 -AR- rcvd to run 3/23 georgia - - - -- Original Message---- - From: Patricia L. Morgan [mailto: Patricia. Morgan @clerk.collier.fl.us] Sent: Friday, March 07, 2003 2:10 PM To: Georgia (E- mail) Subject: Advertising - Ord Amend Ord #02 -07, Petition SE -03 -AR -3777 afi Georgia, Tease advertise the enclosed on Sunday, Warch 23, 2003, Thanks, Trish Minutes e� Records <<Ord Amend Ord 02- 07.doc>> 3/7/2003 <<Ord.Amend. Ord. 02-07, Scrivener's Error.doc.dot>> Page 1 of 1 17A Naples Daily News Naples, FL 34102 Affidavit of Publication Naples Daily News BOARD OF COUNTY COMMISSIONERS CHERI LEFARA PO BOX 413016 NAPLES FL 34101 -3016 REFERENCE: 001230 113138312649 58627875 NOTICE OF INTENT TO State of FLorida County of CoLLier Before the undersigned authority, personally appeared B. Lamb, who on oath says that she serves as Assistant Corporate Secretary of the Naples Daily News, a daily newspaper published at Naples, in Collier County, Florida: that the attached copy of advertising was published in said newspaper on dates listed. Affiant further says that the said Naples Daily News is a newspaper published at Naples, in said Collier County, Florida, and that the said newspaper has heretofore been continuously published in said CoLtier County, Florida, each day and has been entered as second class mail matter at the post office in Naples, in said Collier County, Florida, for a period of 1 year next preceding the first publication of the attached copy of advertisement; and affiant further says that she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publiction in the said newspaper. PUBLISHED ON: 03/23 AD SPACE: 115.000 INCH FILED ON: 03/24%03 Signature of Affiant Sworn to and Suuscribed rem t i ay ofV422'`'" 20123 Personally known by i _ i Ts�A Donna r.h,Bsney - �. �3a tFtTrr ,1� X43.1 fs "'eta �t �+`" '�� cal, }�.•r.>s:�' ;y, �t;GS NTfl OF ORDINAI Notide Is her that3 a`i the I Building, CoIll Governmen, 3301 East Tan Naples Fl h9and,of Col missloners wl the enactor County Orgln meeting will at 9:00 A.M. the proposed Is as fadlows: Copies of the prol Ordinance are �o wIth_the Clerk tf nz All g . ested prtles are Ii to allend and be heoi NOTE: All persons Ing to ok on age me must ter with a Court Inalvlauae eaters will be limited 5 minutes on any Item. The selec- tion of an Individual to speak on behalf Von or. ganization or roup Is encouraged. i1 recoo. nized by the Chairman, a spokesperson for a groupp Or orgaM otlon may be allotted 1� min. rtes to speak on an M. Persons wishhg to have written or graphic ma, terials Included In the Board easnda ocketi must a ryibmtt ms ma fed weeks prior to the re spective ttn Inn anYewe w written hearing intended to lib shall bed AmWItted tl the appropriate Coudt' staff a minimr of say on days prior to the put llc hearing. All materic used In presentations be tore the Board will be come a' per rrkenent Pat of the record Any ��pppeeerson who dpelde the Board will needs a r cord of the vodeedinc pertaining thereto an therefore, may need I ensure that a verbotli leigs d madee whlah r� cord rncludes the .test m ony and evident nnen which the coca BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA • TOM HENNING, CHAIR- MAN DWIGHT E. BROCK. CLERK RV- is /Patricla L. Mor, 171 17A ORDINANCE NO. 03 - 13 AN ORDINANCE AMENDING ORDINANCE NUMBER 02 -07, THE RICHLAND PUD, TO CORRECT A SCRIVENER'S ERRROR IN PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS THEREOF AND BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Collier County Board of Commissioners adopted Ordinance No. 02 -07, on February 12, 2002, and; WHEREAS, following said action of adopting Ordinance No. 02 -07, staff determined that the Richland PUD Document transmitted to the Department of State did not contain a provision that was otherwise intended to be included in it, but nevertheless made a part of the record of the public hearing and therefore constitutes a scrivener's error. NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of Collier County, Florida: SECTION ONE: SCRIVENER'S ERROR AMENDMENT TO PARAGRAPH 8, TRANSPORTATION, OF SECTION 6.4, DEVELOPMENT COMMITMENTS. Paragraph 8, Transportation, of Section 6.4, Development Commitments, of the Richland PUD, Ordinance Number 02 -07, is hereby amended to correct a scrivener's error by amending said Section to read as follows: 8. The commercial tract shall provide an internal vehicular cross access to the residential tract. Sidewalks shall be provided on one side of the interconnect road. A metal security gate shall be placed on the commercial tract to allow for the stacking of a minimum of three vehicles on the commercial tract. Gate maintenance shall be the responsibility of the eemfnereial residential property owners and /or their property owner's association. No construction traffic shall use this interconnection. SECTION TWO: EFFECTIVE DATE 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 c `-' day of _2003. \tc ;�c S}}td 1(PStip4. t® 5�9��tt�'�►�;�gR� 'i e :� pp s '''Jrseetltlilttt�ti BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA ,s BY: TOTMVENNINN, C I Words stmsk dwex are deleted; words underlined are added. Approved as to Form and Legal Sufficiency: Marjorie U. Student Assistant County Attorney Ordinance 5E -03 -AR -3777 RB /lo Words stmek dwo u gl3 are deleted; words underlined are added. 17A 17A STATE OF FLORIDA) COUNTY OF COLLIER) I, DWIGHT E. BROCK, Clerk of Courts in and for the Twentieth Judicial Circuit, Collier County, Florida, do hereby certify that the foregoing is a true copy of: ORDINANCE NO. 2003 -13 Which was adopted by the Board of County Commissioners on the 8th day of April, 2003, during Regular Session. WITNESS my hand and the official seal of the Board of County Commissioners of Collier County, Florida, this 9th day of April, 2003. i DWIGHT E. BROCK Clerk of Courts and Clerk Ex- offici0L- -tb -B,&4rd of County. - Cofs'`f6¢ae�i�s •mar - i r .• y' By: Term.Micha-i's,: co epuy `Clerk:` COLLIER COUNTY FLORIDA REQUEST FOR LEGAL ADVERTISING OF PUBLIC HEARINGS To: Clerk to the Board: Please place the following as a: 17B XXX Normal Legal Advertisement 0 Other: (Display Adv., location, etc.) Originating Dept/ Div: Comm.Dev.Serv. /Planning Person- Z(/3 Petition No. (If none, give brief description): VA- 2002 -AR -3418, Roland Ricard Petitioner: (Name & Address): Roland Ricard, 109 Bordeaux Cir., Naples, Fl. 34112 Name & Address of any person(s) to be notified by Clerk's Office: (If more space is needed, attach separate sheet) Roland and Stella Ricard, 109 Bordeaux Cir., Naples, Fl. 34112 Hearing before 0 BCC 0 BZA 0 Other Requested Hearing date: April 8, 2003. Based on advertisement appearing 15 days before hearing. Newspaper(s) to be used: (Complete only if important): XXX Naples Daily News 0 Other 0 Legally Required Proposed Text: (Include legal description & common location & Size: VA- 2002 -AR- 3418, Roland and Stella Ricard, requesting a variance from the required 20 -foot rear yard setback to 18.5 feet for property located at 109 Bordeaux Circle, further described as Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. Companion petition(s), if any & proposed hearing date: Does Petition Fee include advertising cost? 0 Yes 0 No If Yes, what account should be charged for advertising costs: 113- 138312- 649110 iewed by: (/ I Departmen ad Dat List Attachments: Approved by: County Manager DISTRIBUTION INSTRUCTIONS Date A. For hearings before BCC or BZA: Initiating person to complete one copy and obtain Division Head approval before submitting to County Manager. Note: If legal document is involved, be sure that any necessary legal review, or request for same, is submitted to County Attorney before submitting to County Manager. The Manager's office will distribute copies: 0 County Manager agenda file: to 0 Requesting Division 0 Original Clerk's Office B. Other hearings: Initiating Division head to approve and submit original to Clerk's Office, retaining a copy for file. FOR CLERK'S OFFICE USE ONLY: Date Received: 3& 03 Date of Public hearing: t-I 18I o3 Date Advertised: 3/Z3/D3 RESOLUTION NO. 03— 176 RELATING TO PETITION NUMBER VA- 2002 -AR -3418, FOR AN AFTER -THE -FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of 1.5 feet variance from the required rear yard setback of 20 feet, as specified by the Riviera Golf Estates PUD Ordinance No. 78 -58, Section 1- 2 -A -3, to a setback of 18.5 feet as shown on the attached plot plan, Exhibit "A ", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2002 -AR -3418 filed by Roland and Stella Ricard, with respect to the property hereinafter described as: Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a 1.5 feet variance from the required rear yard setback of 20 feet, as specified in Riviera Golf Estates PUD, Ordinance No. 78 -58, Section 1- 2 -A -3, to to 18.5 feet as shown on the attached plot plan, Exhibit "A" of the PUD Zoning District wherein said property is located, subject to the following conditions: Exhibit "B" BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3418 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this ATTEST: DWIGHT E. BROCK, CLERK Approved as to Form Legal S fficiency: atrick G. White Assistant County Attorney VA -02- AR- 3418/MD day of .2003. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN 'LZL7 ca� �41tiM. �f z ��n J a QQ�i�a lJ W %t O cv C', A �] z cu O �\1 W En P4 A �j I 11 Aar 9 9 U-' o N J� ri C l'- cn z (,3 Ud L CO3 al W yy ppcc Iri n ! i r w a M N 61 N x w °a� p N v OM >8 �N A a �a in u Z ni-=m 00 rO(UO3 ra, io ��Q�0 (.) ;0,1, W 1(i U ���.y w UV �J y�1 i��~awZ EJS • 1. N i�N �] �'-�Ex � IUU �v WIJ444444 ii2 OR.i Z ! �. Way 111 1'1 Y O 'd h 00 OI 9 '-A- / � 7 ~ r:1 to Z 1 a to Q U 1- v1 � fY 7 ~ C7 / 1 > 1♦ QI Q f L, ii w z ! W O� W U ...I= -J= v )�i Z Q "AFQ O R Ql - Q u h U S CL Q in t, co a E'+ O h ti o $� A \b ,09 373NIj XnV3aaVS 1 \3 P ..._....__.. -.._ (NA P6'b01 I. ti W 1 � �q ; �g I `r $ vim• � m� o %0 �2 ti �T QJ H ti I � A,es,- 8E.00'0 I lYp I I _ k 3� ,0l ZN li Cl+I), LS'T I o� �N (W), 66'6'6 CO - n. .a•ra en► 1 �' � O OW �4z mW O� XZ701 �' W 14i Ey V AWIVA-773 x773 > 1 3 O o n s�Q383AD.7 �f 1 o o ►� 1 as ON Exhibit "A11 -- I _ k 3� ,0l ZN li Cl+I), LS'T I o� �N (W), 66'6'6 CO cc a O� M r7oi Exhibit "A11 -- III c O 1.4 I 1 �n ,s '3, 9r,zr.6'o N VA- 2002 -AR -3418 PROJECT #2002080023 DATE: 12/3/02 DON SCHNEIDER CONDITIONS OF APPROVAL VA- 2002 -AR -3418 a) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. c) In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. 4. A. I: Y March 7, 2003 Naples Daily News 1075 Central Avenue Naples, FL 34102 Re: VA- 2002 -AR -3418, Roland & Stella Ricard Dear Georgia: Please advertise the above referenced petition on Sunday, March 23, 2003 and kindly send the Affidavit of Publication, in duplicate, together with charges involved to this office. Thank you. Sincerely, bc- Trish Morgan, Deputy Clerk P.O. /Account # 113 - 138312- 649110 NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of County Commissioners of Collier County will hold a public hearing on Tuesday, April 8, 2003, in the Boardroom, 3rd Floor, Administration Building, Collier County Government Center, 3301 East Tamiami Trail, Naples, Florida. The meeting will begin at 9:00 A.M. The Board will consider Petition VA- 2002 -AR -3418, Roland and Stella Ricard, requesting a variance from the required 20 -foot rear yard setback to 18.5 feet for property located at 109 Bordeaux Circle, further described as Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. NOTE: All Persons wishing to speak on any agenda item must register with the County Administrator prior to presentation of the agenda item to be addressed. Individual speakers will be limited to 5 minutes on any item. The selection of an individual to speak on behalf of an organization or group is encouraged. If recognized by the Chair, a spokesperson for a group or organization may be allotted 10 minutes to speak on an item. Persons wishing to have written or graphic materials included in the Board agenda packets must submit said material a minimum of 3 weeks prior to the respective public hearing. In any case, written materials intended to be considered by the Board shall be submitted to the appropriate County staff a minimum of seven days prior to the public hearing. All material used in presentations before the Board will become a permanent part of the record. Any person who decides to appeal a decision of the Board will need a record of the proceedings pertaining thereto and therefore, may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is based. BOARD OF COUNTY COMMISISONERS COLLIER COUNTY, FLORIDA TOM HENNING, CHAIRMAN DWIGHT E. BROCK, CLERK By: /s /Patricia L. Morgan, Deputy Clerk (SEAL) o�gt19 Cl U y Dwight E. Brock Clerk March 7, 2003 County of Collier CLERK OF THE CIRCUIT COURT COLDER COUNTY COURTHOUSE 3301 TAMIAMI TRAIL EAST P.O. BOX 413044 NAPLES, FLORIDA 341013044 Roland and Stella Ricard 109 Bordeaux Circle Naples, FL 34112 Re: Notice of Public Hearing to consider Petition VA -2002 -AR -3418 Dear Petitioners: CIRCUIT COURT COUNTY COURT COUNTY RECORDER CLERK BOARD OF COUNTY COMMISSIONERS Please be advised that the above referenced petition will be considered by the Board of County Commissioners on Tuesday, April 8, 2003, as indicated on the enclosed notice. The legal notice pertaining to this petition will be published in the Naples Daily News on Sunday, March 23, 2003. You are invited to attend this public hearing. Sincerely, DWIGHT E. BROCK, CLERK —4��U'rj- �� I". bo- Patricia L. Morgan, Deputy Clerk Enclosure I a Iwal Patricia L. Morgan To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3418 Yfi Georgia, Tease adverhse the notice on Sunday, March 23, 2003. 9 tanks, Trish Minutes e� &cords Wil 71 VA- 2002 -AR -3418. VA- 2002 -AR -3418. doc doc Patricia L. Morgan 17B From: postmaster @clerk. col Iier.fl.us Sent: Friday, March 07, 2003 1:59 PM To: Patricia L. Morgan Subject: Delivery Status Notification (Relay) J ATT113925.bct Advertising - VA- 2002 -AR -3418 its is an automaticaffygeneratedoelivery Status Noti cation. Your message has been successfully relayed to the following recipients, but the requested delivery status notifications may not begeneratedby the destination. legals @ nap lesnews. com Patricia L. Morgan 178 From: System Administrator [postmaster @naplesnews.com] Sent: Friday, March 07, 2003 1:50 PM To: Patricia L. Morgan Subject: Delivered: Advertising - VA- 2002 -AR -3418 Advertising - VA- 2002 -AR -3418 «Advertising - vA -2002 ,XR- 3418» Your message 7o: Georgia (E -mail) Subject: Advertising - VA-2002-,4R-3418 Sent: Fri, 7 filar 2003 13:59:2 6 -0500 was delivered to the following recipient(s).- Cegals on Fri, 7 filar 2003 13:49:3 8 -0500 Advertising - VA- 2002 -AR -3418 Patricia L. Morgan From: legals [legals @naplesnews.com] Sent: Friday, March 07, 2003 3:53 PM To: Patricia L. Morgan Subject: RE: Advertising - VA- 2002 -AR- rcvd to run 3/23 georgia - - - -- Original Message---- - From: Patricia L. Morgan [ma ilto: Patricia. Morga n@clerk. coil ier.fl.us] Sent: Friday, March 07, 2003 1:59 PM To: Georgia (E -mail) Subject: Advertising - VA- 2002 -AR -3418 Yfi Georgia, Please advertise the notice on Sunday, Warch 23, 2003. Thanks, Trish Winutes eT, Records «VA- 2002- AR- 3418.doc>> «VA- 2002- AR- 3418.doc>> 3/7/2003 Page 1 of 1 Naples Daily News Naples, FL 34102 Affidavit of Publication News NOTKOF _---- `Naples -Daily ------- ------- - - - - -- --------- - +--- --- ------- ----- --- - -- - -- PUBLIC HEARING Notice Is hereby aivei that the Board of Coun fv Commissioners of Col i er County will hold c BOARD OF COUNTY COMMISSIONERS public hearinag.� o��n Tues CHERI LEFARA PO BOX 413016 day, April 0, 2003, in the Boardroom 3rd Floor Administrotta Butldino NAPLES FL 3 41 01 -301 6 merit CeCounty n 301vern• Tomlaml Trail, Naples Florida. The meetlnc will begin at 9:00 A.M. The Board will consider REFERENCE: O01230 113138312649 Petition VA-2002-AR-3418 58627874 NOTICE OF PUBLIC HEA ' card, squashing a var6 ante i<rom the requlrec State of Floride 20 -foot rear yaa�rd set. Count of Collier Y back to 16.5 test for roperty located at 109 Before the undersigned authority, personally hordeppux Circle, further appeared B. Lamb, who on oath says that she serves described as Lot 169 Riviera Gott Estates Und as Assistant Corporate Secretary of the Naples 56 2 Section 17, Township South, Ranjj 26 Daily News, a daily newspaper published at Naples, East, 5.914 Cpualyl- Ida,,.,- in Collier County, Florida: that the attached - copy of advertising was published in said NOTE: All Persons wish. newspaper on dates Listed. further the Naples Daily Ing to speak on any agenda Item must reoIs. ter Affiant says that said News is a newspaper published at Naples, in said with the County Ad. ministrator�prfor to pre. ion the Collier Count Florida and that the said Y, agenda Item a Item to be addressed. newspaper has heretofore been continuously Individual speakers will published in said CoLLier County, Florida, each be limited to 5 minutes on any Item. The selec- day and has been entered as second class mail tion of an Individual to matter at the post office in Naples, in said speak on behalf dd an or. Is Collier County, for period of 1 year Y. P Y Incou pon . aroue encouraged. It recoa- next preceding the first publication of the nized by the Chair, a attached copy of advertisement; and affront spokesperson for a group or organization further says that she has neither paid nor may be allotted 10 min•' promised any person, firm or corporation any utes to speak on an item. discount, rebate, commission or refund for the purpose of securing this advertisement for Persons wishing to have publiction in the said newspaper. written or graphic ma- terials Included in the Board agenda packets PUBLISHED ON: 03/23 submit subm sold mated- al a minimum of 3 weeks prior to the re- specttve 'public hearing. In an YY case, wr�ten ma• terlals Intended to be considered by the Board shall be to AD SPACE: 103.000 INCH submitted the appropriate County staff o minimum of seven FILED ON: 03/24/03 days prior to the oublic hearing. __ +_--------- __— ------------- All material used in presentations be. '° come 0 Permanent Signature of Affiant -- pbart of the record. W(" Sworn to and Subscribed a me i ay of ���� Any person who decides to appeal a tlecl slon of Personally known by me the aoard wi111 need re- car eT Inge rfoinlnethe therefore, may need to and ensure that a verb Catim record mad R , )DO58336 n i e whtcheee- cord includes the testb l ta; 11, s: z many and evidence upon which the appeal BOARD OF COUNTY COMMISISONERS AR COUNTY, FLORID TOAMN HENNING, CHAIR- DWIGHT E. BROCK, CLERK By: /s /Patricia L. Mor- 17B RESOLUTION NO. 03— 137 170 RELATING TO PETITION NUMBER VA- 2002 -AR -3418, FOR AN AFTER- THE -FACT VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations as are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91 -102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of 1.5 feet variance from the required rear yard setback of 20 feet, as specified by the Riviera Golf Estates PUD Ordinance No. 78 -58, Section 1- 2 -A -3, to a setback of 18.5 feet as shown on the attached plot plan, Exhibit "A ", in a PUD Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting assembled, and the Board having considered all matters presented; NOW, THEREFORE, BE IT RESOLVED BY the Board of Zoning Appeals of Collier County, Florida, that: The Petition VA- 2002 -AR -3418 filed by Roland and Stella Ricard, with respect to the property hereinafter described as: Lot 489, Riviera Golf Estates Unit 2, Section 17, Township 50 South, Range 26 East, Collier County, Florida. be and the same hereby is approved for a 1.5 feet variance from the required rear yard setback of 20 feet, as specified in Riviera Golf Estates PUD, Ordinance No. 78 -58, Section 1- 2 -A -3, to to 18.5 feet as shown on the attached plot plan, Exhibit "A" of the PUD Zoning District wherein said property is located, subject to the following conditions: Exhibit "B" 17B BE IT FURTHER RESOLVED that this Resolution relating to Petition Number VA- 2002 -AR -3418 be recorded in the minutes of this Board. 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',' u p "i rr nr .ICI nl t_ M CC) q Nt. 4 �W U p� ti �W 3 W ti L °� 2a oc Il WI hl W �g I _ _ Cd),Z6 , /1.£5.8E.00 m c0 � W O a �' o ti I o b 0 I C y E 1 C3 Rt O� pt c i C3mr t' I III ��w Exhibit "A" I �. t' 3Q .a•ra XUP 41U ,,6L 2Q! cJ W IV AW.IVA373 dR7 U AwiraQV 911W Q >' N33wis Q3b_mazi 1N O Chl),11JIV6 '_7. 9l,Zf.£0N 117 m d+ a E-i U 00 0 01 kG �mm l 12105 IW 33 Ito I o0 ti^ I 00 00 vi C-i O � W �a J E- o ►-a VA- 2002 -AR -3418 PROJECT #2002080023 DATE: 12/3/02 DON SCHNEIDER CONDITIONS OF APPROVAL VA- 2002 -AR -3418 a) This variance is for the encroachment shown in Exhibit "A" only. Any further encroachments will require a separate variance request. b) Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department shall be contacted. c) In the case of the destruction of the encroaching structure, for any reason, to an extent equal to or greater than 50 percent of the actual replacement cost of the structure at the time of its destruction, any reconstruction shall conform to the provisions of the Land Development Code in effect at the time of reconstruction. EXHIBIT `B"