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Agenda 05/26/1998 R
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA Tuesday, May 26, 1998 9:00 a.m. WOTIC~ AZ.[, I~L'"KSONS ~FtSHING TO SPF..A.K ON ~ AGE~A ~M ~ST ~G~ P~OI ~ ~~~ ~~ MUST ~G~R ~ ~E COU~ ~~~TOR ~~ ~ p~E~A~ON OF ~E AGENDA ~EM TO BE ~D~ED. ~~ ~O ~D~ ~ BO~ O~ S~~ ~I~ ~ ~OT ON ~ AG~A ~ BE S~~D ~ ~G ~TH E~A~ON TO ~ CO~ ~~TOR AT L~T 13 DAYS ~OR TO ~E DA~ OF ~ M~G ~ ~ BE ~ ~[R ~LIC EE~O~S". ~ ~N ~O DE~ TO ~F~ A DE.ION OF ~ BO~ ~L ~ED A ~S~ ~T A ~A~ ~CO~ OF ~E ~RO~ED~GS ~ ~ ~I~ ~CO~ ~L ~~D ~UBLIC S~~ ~L BE L~D TO ~ (~ M~ ~ ~E~ON FOR ~DmO~ ~ ~ G~D BY ~E ~. COU~ COMM~IO~[~' O~ LUNCH ~C~S S~EDULED FOR 12:~ ~OON TO I:~ ~.~ I. ~OCA~ON - ~d ~san Dl~ond, ~m ~H~l~n ~u~h 3. II, LEDGE OF ALLEGIANCE AFPROV~ OF AGENDA AN0 CONSENT AGENDA APPROVAL OF MINUTES ,4. May S, 1998 - Regular mectlny,. PROCLAMATIONS AN~ SERVICE AWARDS PROCLAMATIONS 1) Proclamation [~roclalmlng May 31, 1~8 ~ Y/odd N~Tob~ Day. To ~ ~c~ by F~k Ma~ ~lller ~nU T~ac~ ~~ ~~r. 2) p~lmation p~lMmlng Msy, J~ ~ T~ P~cy P~t~ Awa~ W~ To ~ ~c~d by ~flcne Wen~l, P~ldent & ~O ~ ~ Ft~t~ ~ C~lJer C~nty. 1 26, I998 11. 12. B. $£R~C[ AWARDS PRESENTATIONS APPROVAL OF CLERK'S R.FPORT Jk. AIqALYSIS OF CHANGF~ TO R£S£RVES FOR CONTI~G£NCXF..S. B. To bear oral presenta~ions fr~m three firms referred by the zudltor select~ committee related to Ibc sadJt servke5 c~ntrlct for the Fiscal Ycln ending Sep~mber 30, 1998, 199~ and 2000, rink the firms in order of prefercnce and begJr contract uetotltt~ with the first ranked firm. I~UBLIC PETITIONS CO~ ADIWtNISTRATOR'S REPORT A. COMMUNITY I)£VELOPM£1qT & £~'l~O~]Vt £NTAL SERVlCF. S B. PUBLIC WORKS C. PUBLIC SERVICES I) Approval of · lease agreement and partial funding for thc 4~s of JuJy Festival. D, SUPPORT SERVICES E, COUNTY ADMi~ISTRATO g jr. AIRPORT AUTHORITY COUNTY ATTORNEY'S REPORT BOARD OF COUNTY COMMLSSIONERS A. Appointment of members to the IAduJ-triai Development Authority. B. Appointment of member to the Citizens Advimr)' Task Force ~. Appointment of members to tee Parks and RecrcatJon Ad~4sory l~oard OTHER ITtMS A.OTHER CONSTITUTIONAL OFFIC£RS PLT~LIC COM]~'~ ON GENERAL TOPICS PUBLIC HEARINGS WILL BE HEARD IMM£DIATELY FOLLOWING STAFF ITEMS ADVERTIStD JrUBLJC HF. ARINGS - BCC A. COM])REHEN$1VE PLAN AM£N'DMKNT~ 2 May 26, 1998 Ce ZONING AMENDMENTS 1) Petition No, PUD-g$-6 (1), K. arcn K. Bishop of Project Management Services Inc., of Naples repre~ntlng Ronto Oolf £s~tates, Inc. requesting sm amendment to property previously approved s~ · "PUD" namely the Naples Golf Estates PUD having the effect of changing the name to Forest Glen Of Naples; Updating reference to owners; Correcting the legal detcriptton; Increasinl the total number of dwelling unit: by nine; Updating the PUD document to reflect the current Land Development Cocle requirements and termin¢lo~y; and revising the Master Plan for property located at the touthesst corner of Davis Boulevard and C.R. 951, in Section 2, Township 50 South, Range 26 East, Collier County, Florida. 2) Petition No. PUD-g5-3(I), R.J. Ward, P.E.., of Si:~'trum En~neering, thc., repre~cnttnc John J. Ncx~ns, Bishop of Dioce~ of Venice, requestinl an amendment to the Founder's Plaza PUD for thc purpose of allowinl churches as i~ermltted ug and Jocreaxlng the maximum buildint height for churcl~ from 25 feet to 45 feet for property located in Ihe Founder's PIm PUD, adjacent to Golden gate parkway (CR-886), between 53"* $trec~ Southwest and 52" Terrace Southwe~. in Section 28, Township 49 South, R.tnge 26 East, Collier Count)', Florida. (Compttnion to Petition CU-98-I) $) CONTINUED TO JUNE .2.~, 1995 Petition No. PUD-97-17, Bruce J. Slclllano, AICP, of Agnoli, Barber & Broad·ge, Inc., and Attorney Dudley Goodlette of Goodlctte, Coleman & Johnson, P.A., representing Amerada Heel Corporation and Garrett F.X. Beyrent and Teryl Bro. skl, reque~ing · rezone from *'~* Estates to PUD to be kno*n as Pine Ridge Corners PUD, for highway oriented and convenience commercial uses for property located on the north side of Pine Ridge Road and .est of l-?S, further dcscrlb~d a~ Tract 77, Golden late EsXatcs, Unit ,35, in Section 7, To~'nship 49 South, Range 26 east, Collier County, Florida, consisting of 4.,38 acres, more or less. OTHER 1) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 88-59, as amended, * hich established the Marco Ixland Bezchfront Renourishment Facilities Municipal Service Taxing Unit; providing for inclusion in Code of La~'s and Ordinances; providing for conflict and severabllity; and providinl an effective 2) Recommendation that the Board of County Commizzioners of Collier County · dope an ordinance repealing Collier County Ordinance No. 81-35, as amended, ~'htch established the Marco L~land Beautification Municipal Service Taxing Unit; pro~dint for inclusion in Code of Laws and Ordinances; providing for conflict and severahility; and providing an effective date. $) Recommendation that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier County Ordinance No. 94--70, which established the Marco Island Lighting Municipal Service Taxing, District; providing for inclusion in Code of Laws and Ordinances; providinl for conflicl and ~everability; and providing an effective date. 4) Recommendat ion that the Board of County Commissioners of Collier County adopt an ordinance repealing Collier Counrj, Ordinance No. 86-31, as amended, which established the Marco l$1and Beach Remmrlshment and May. 26, 1998 13. Public Access Munlcipal Ser~Sce Tax, ag Unit; pro~tdial for Lacluslon in of Laws ~d Ordintnc~; pm~ding for conflict ~d ~.erablllty; ~d p~ding ~ effusive dat~ Adve~lgd public hearing considering adoption caplt~ lmp~vements ~d ~lated ~c~ p~dJn~ a~ within Collier C~nty, ~o~da; p~x~ding ~ni~s ~d p~dinz for fit~ ~d citation; p~dlnt for ~e ~n~t units; ~tho~ng the l~po~tion ~d ~nd the ~ of capi~ [mp~vemena ~d ~at~ ~ p~dinl a ~i~ ~n~t to i~ a~ within Collier C~nty; p~4dlnt for ~ ~ ~d m~dato~ p~ptyment of ~gs~ments; ~xblis~tn~ p~u~ for ~e ~d adoption of ~g~eut ~lis ~d for co~fion p~ing that ~s~ment~ con,irate n Ilea ~ ~ P~Y u~ ·doptlon of the ~g~sment ~]ls; ~abli~hint p~edu~ ~d ~en~ [ncludint ~ments im~d on ~m~t p~; aut~o~nt the ltsu~ce of obligations ~ by ~m~; p~dint for va~ ~thts and ~mcdies of the holde~ ~ch obllgations will not c~te a gener~ debt or obligation ~ t~ C~nty; p~4dlnt for e~t on Ordinance N~. BS-~, a~ ~ended; p~dlng for confli~ and ~-erability; and p~x~in~ zn e~tive date BOARD OF ZONL~G APPEALS ADVERTISED PUBLIC HEARINGS 1) Petition No. CU-98-3, Richard] F. Durling of Mar~tn Development Corporation, requesting a Conditional Ug per Section 2.6.33.4.5 of the Land Development Code in the Estates "E' zoning dlstr~ct for a model borne for property located on the west side of Santa Barbara Boulevard end Golden Gate Parkway, in Section 29, Township 49 South, Range 26 Eut, Collier County, Viorida. 2) Petition No. V-98-$, Joan E. Ferro, rcquerting an After-the-Fact variance of 0.'/$ foot from the required height for fences and walls from · 4 feet to 4.?5 feet for a single family boug located at 490 Palm Court, Lot 1, Block .ri, Connors Vanderbilt l~each £state~ Unit 2. 3) Petition No. CU.9'/-25, Lou Stlrns (Owner/Agent) requestinl approval for Conditional U~. "14" (Social Organization) in Rural Agricultural "A# zoning district for a clothinr, optional club, for property located ½ mile south of Immokalee Road, 2 miles east of CR-951, bets'cnn Moulder Road and Rivers Road, consisting of 20 acres, In Section 30, Township 48 South, Range 27 East, Collier County, Florida. 4) Petition No. CU-98-1, R.J. Ward, P.E., of Spectrum Engineering. Inc., representing John J. Nexins, Bishop of Diocese of Venice, requesting · Conditional U~e '2" and "3" in the RSF-3 zoeint district and Conditional Use "2" and "5" in the RMF-12 zoning district for propers7 located on the east tad west sides of 52=` Terrace S.W., one block north of Golden Gate Parkway, consisting of Blocks 204 and 204, and lots 4-6, Block 201, Golden Gate Unit Section 28, Township 49 South, Range 26 east, Collier County, Florida (companion to Petition CONTI~¥ED TO J1~NE 9, 1998 Petition No, CU-98=6, AR American Homes, Inc.., requesting a Conditional Use per Secti~ ~ 2.6.33.4.S of rbe "~," zoulnf, district for an zxtension of a temporary use p~rmit for a Model Home for 4 }vl~y 26, 1998 14. IS. proper17 located at 910 39* Street, S.W., in Section 14, Township 49 South, Range 26 Fur, Collier Coenty, Florida, cnnxhtlng of 2.72 o~res. B. OTHER STAI~S COMMUNICATIONS BOARD OF COUNTY COM~tlSSIONERS' COMMUNICATION~; CONSi:NT AGR;NDA - Ali matters listed under ibis item are be routine and action will be taken by one motion wltbo~t separate dlgus~on of each item co~ideml to. If dlmutston Is desired by · member of the Board, that item(s) will be removed from the Consent A~endn ~nd co~idered separately° A. COMMUNfTY DEVELOPMENT & ENVTRONMENTAL SERVICT..S 1) Request to tranrf~r $9,000 from Community Development Rr4erves (Cost Center 113-919010-999100) to Planning Department Admlni~ratlon (Cost Center 113=139312) ezpenditure co~e 513100 (o0~er salarY), for abe purpose of maklnt sufficient funds a~'ailable to cover the cost of an Intern~hip Pre,ram between the Florida State University and Collier County Planning Services Department. 2) Recommendation to appro~'e Commercial £xcavation Permit No, $9.6~1 "Donovan Center PUD" located in Section 30, Township 48 South, Range 26 rut: Bounded on the north by L. nmokalee Road, on the east by Breezewood FUD and land zoned A, on fha ~outh by land zoned A~ and on the west by SOles PUD and land zoned A. 3) Request to approve for recording the final Plat of 'The Pre~erve at Beffohire Pines". 4) Request to approve for recording the final Plat of "Wildcat Co~e Two" and approYe the vtcation of a portion of Sterling Oaks Drive, and portions of the Plats of Steriiv.l Oaks and Wildcat Cove Petitions AV-97-024 and AV-97-026. Request to app"ox'e for recording the final Plat of Pebblebrooke Lakes and approval of the perfot-mance ~ecurity. 6) Request to approve the f~nal Plat of Pelican Marxh Unit Twenty. PUBLIC WORKS I) Recommendation to approve mid-year adjustments to Hawksridge Stormwater Pumping Station M.$.T.U. Budget (Fund 154). 2) Award a construction contract to Con.al Marine Construction, Inc. for repairs to the Big Horse Pass and Chokoloskee Bridget (Bid No, 98-2775). Award a Contract for Professional Architectural and Engineering Serv~ce~ for the deslgn of the new Domestlc Animal Services 5hal:er located on Das4s Boulevard. RFP #97-2754, Pro.it'ct 80096. C. L 4) Recommendation to approv~ mid-year adjustn~nls to Vk-mria Park drlina~ I~LS.T.U. ~udget (Fund 134). Recommcndatiod to approve mid-year adjustments to Pi~e i~dge Industrial Park M.S.T.U. Budget (Fund 140). 63 Recommendation to approve mid-year adjustments to Water Management CI~ Budr, et (Fund 325). '/) Approve budl;et amendments recogntzlni car'r7 forwar~ amount~ from FY 199'/ Water & Wa~tcwater Capital Projects In Funds 411,412, 413, & 414. 8) Approval of a Budget Amendment to fund n Fea~bi!ity Repod on County Geographic tnformatlon System. I~UBLIC SERVICES 1) 2) 4) ~) 6) Approve budget amendments recognizing revenue at various park~ Recommendation to appro~'e a budget amendment for capital imptm, emenU. Approval of budget amendment recognizing an additional S48,412 In State Aid to Libraries in FY 98. Authorize Chairman to sign certification to enable library to apply for LSTA GranL Authorization to approve an ex-tension of an agreement with tbe Southeastern Library Network {Sollnet) and permission for Chairman to ~lgn agreement. Appro~'zl of the attached budget amendment recognizing additional donations received. 7) Apprm'e a residential lease agreement for Sugden P.e~onal Park. SUPPORT SERVICES 1) Approva! to Award Bid #98-2804 to Wayne Wiles Carpet for floor covering,. 2) 3) 4) Approval to Ay srd Bid #98-2801 to several local hardware vendors for hardware and ( ther related Items. Authorization to execute satisfaction of lien documents filed against real property for J, batement of nuisance and direct the C'3erk of courts to record fame in the public records of Collier Count}', Florida. GONTINUEO F~OM THE MEETING OF 5/19/9~ . Intertoca] A~rtem~nt between Collier Co~nty and the dependent i Ind.-Tendent fire dlstricU for basic medical training for flrefighters COUNTY ADMTNISTRATOR 1) Recommendation that the Board of County Comml~lo~ers approve a work authortzatlon u~der the Pelican Bay Services Diversion's current Profesdonal Enf, ineerinl Agreement with Wil~n, Miller. Barton dt ~ In In amount to e~_¢__erd SS,O00, to prepare the Preliminary ,'.]~mmeBt &nd irmal Aanemment ]'/tay 26, 1995 17. Roll for the Non-ad V~orcm A.ueuments for beautification of recrtationd facilities to,~ median arets, and maintenance of con~erv'.;[on or prt~erve arett, U.S. 41 berms, street slgnage rtplnccmcnts within the median arca~ &nd itndscaping Improvements to U.S. 41 entrance~, ali wttbln the Pelican Bay Municlp~J S~rv'ice Taxing tnd l~:ncflt Unit. 2) Budgct Amendment Rtpor~ BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE 1) Ssll~factlon ~Li~n: NEED MOTION autbortzlng tbe Chairman to dg~ Satlsfactlon of Lien for Services of the Public Defender for Ca~e Nos.: 97078 I$-MMA, 9709547-MMA, 970451 ~-MMA, 960492S-MM.A~ 97079'84-- MM.A, 9707075-MMA, 9706483-MMA, 970~78-MMA, 9708056-MMA, 9704106-MMA, 9706169-MMA, 9g00929-MMA, 9700092-MMA, 9607724- MMA, 9800274-MMA, 9701359-MMA, 9701509-CFA, 9701275-MIVL~ 9709965-MMA, 9608933-MMA, 9709802-MMA. !!. OTit'ER CONSTITUTIONAL OFFICERS L COUNTY ATTORNEY J. AIRPORT AUTHORITY ADJOURN TNOUIRIES CONCERNING CHANGES TO THE BOARD'S AGENDA ~;HQULD BE MADE TO THE COUNTY ADMINISTRATOR'S OFFICE AT 774-8383. 7 Ma)' 26.1998 AGENDA CHANGE,~ BOARD OF COUNTY (~OMMISSIONER~' MEETING WcAY 26, I908.. 09N;'IN~E: ITEM 13IAI[II TO (vg/gtt MEETING: PETITION NO. CU.98-3 CONDITION II~E- EgfATE~ uE' ZONING DLSTRICT FOii A MODEL HOME FOR PROPERTY LOCA~ ON THE lYF_AT SIDE OF SANTA BARBARA BLVD. AND GOLDEN GATE PARKWAY. (COUNTY ATTORNEY'S OFFICE). NOTE: ITEM 6(B} Wlt. t. BE HEARD AT I0:00 A.M.,' pRESENTATIONS FROM THREE FIRM~ RELATED TO THE AUDIT SERVICES CONTRACT FOR THE FISCAL YEAR~ ENDLNG SEPTEMBER 30, 1990, 1999 AND 2000. (BCC REQUEST). PROCLAMATION WHEREAS, the health of all people is one true measure of Collier County: and ItqtlERF S, the health of Americans is inseparably linked with the health of people throughout the world; and WtlEREA& all nations of the world, acting through the World t~ealth Organization, of which the United States is an active member, are pledged to the goal of Health for All the year 2000: and . WttERE.4S, May 31 of each year has been established by the World Health Organizations as Worm No-Tobacco Day - intended to encourage governments, communities, groups and individuals to become aware of the devastating costs of tobacco consumption and to take appropriate action; and grttERF S, the 1997 theme, "United for a tobacco-free world" is an opportunity to mobilize tire various sectors of society in communities large and small to promote a way of life where tobacco use is no longer an accepted norm. realizing the power each sector.holds in promoting a healthy lifestyle; and [FIIEREAS, the American AssOCiaHon fo'r' ~orld Health is encouraging the promotion of "World No-.Tobacco Day.' tn"thg Unitdd.Stat~i's with strategies for year-tong observanc~'a StreSSing the importance ~f toba~Co control, particularly education and policy ~ff .??s"to prevent tobaCCo use'and addiction among our people. NOW THEREFORe, be it proclaimed by the Bo~trd of County Commissioners of Collier County, .Florida, that May 3I, 1998 be designated as -' :'. WORLD NO. TOBACCO DAY and ~d.~e'ali citizens ;o take part in observances and activities on this day and throi~g~aitt th~ yeti) aesigned t.o' advance the cause of tObaCco control and pi. eV hbh by prbmoting 'awa:reh~s~of the devastating ¢??nomic and human co$~¢~.~acco use, and by encourag,ng part,ctpat,on tn the world wtde efforts DONE AND ORDERED THIS 26th Day of May;' J.99~ ~, '~!.!i??.:': ": '-..% ......... ~,~ B'O~t. RD O,F.'/C. OUNTY COMMISSIONERS AGENDA Z.TEH HA¥26 1998 Pg. I PROCLAMA TION F/HERE, S, WHEREAS, WHERE~$, WHEREAS, IVIIEREAS, we the citizens of the State of Florida and the residents of Collier County, believe that the children of this state should be born healthy, grow up in a safe and nurturing environment, hm'e the fidl support of thetr mother and father, experience educational success, achieve economic independence, and reach their fidlest potential in life: and teen pregnancy and parenting increases the likelihood o flow birth weight, developmental delays and disabilities, child abuse and neglect for the infant; disruption of education, decreased income potential, economic dependence on welfare, and subsequent pregnancies in the teenage years for the mother, and the burden associated with teen pregnancy and parenting is also borne by the ta. rpayers of ?lorida through increased costs in the areas of health care, education, welfare and juvenile crime; and Florida 'x teen pregnanO, rank. s sixth in the nation, and in 1997 Collier County had the seventeenth highest birth rate to teen mothers in the State; and the prevention of. to Collier County and the State WHEREAS, Collie~ NOW DONE AND pro,, ca its, of teen consequences of the resources; and , to 3 tO a~'thts crtttcal tssue as Cormo, Ihr r.~f tts ~o]]ieF~~ Teen Pregnancy Lomt~ltt0 lnltmnve:. ~. ".~ ': .... ,~ , .~ · ' ,; ' · ,.". f:,,; ~"-.,, ..... ,-,. ;~ :23 it proc[fi~'dd b/ t),~ :~Oord O~Cmin~' Com~$}io~ of Collier 26thDa), of May, 19 DWIGHT E. BROCK, CLERK BARBARA B. NAY 2 $1FJ8 EXECUTI I/E $ UMMAR Y TO HEAR ORAL PRESENTATIONS FROM TtlREE FIRMS REFERRED BY THE AUDITOR SELECTION COMMITTEE RELATED TO THE AUDIT SERVICES CONTRACT FOR THE FISCAL YEARS ENDING SEPTEMBER 30, 1995, 1999, AND 2000, R.4NK THE FIRMS IN ORDER OF PREFERENCE AND BEGIN CONTRACT NEGOTIATIONS WITH THE FIRST RANKED FIRM. OBJECTIVE: The objective of this Executive Summary is to have the Board of County Commissioners hear oral presentations from the three firms responding to the Request for Audit Services Ri:P, rank the firms according to preference, and direct staff to enter into negotiations with the number one ranked firm. CONSIDERATIONS: Thc requirements of a local government to select an independent certified public accountant to perform the azmual audit is outlined in Florida Statutes, C-'hapt~ I i.45. The provisions of this Statute requires that a Auditor Selection Committee made up of reprcscntativcs of each Constitutional Officer along w~th a representative, or designee, of the Board of County Commissioners be established to perform the requirements of this Statute. The Committee's main objective is to bring three qualified firms to the Board of Cotmty Commissioners who in turn will rank the firms according to preference. The cost of such service is not a consideration until such time as negotiations with the number one ranked firm commence. The Auditor Selection Committee along with tile Purchasing Department developed an RFP, which was sent to a number of qualified firms. Three firms submitted responsive bids and arc listed below in alphabet:cai order: Arthur Andersen LLP KPMG Peat Ma,wick LLP & Schultz & Chaipcl Co. Purvis Gray & Company The aforementioned Statute reqmres thc Board :o rank the firms in order of preferen=c and to negotiate a contract with said finn considenng fee fsr said service. FISCAL IMPACT: Funds are available in thc FY 97/98 budget for the audit of Collier County's financial statements. Funds will have to be budgeted for FY 98/99. GROWTH MANAGEMENT: None. RECOMMENDATION: That 'he Board of County Commissioners hear oral presentations by the three firms, rank the firms t a order of preference, and direct staff to begin contract negotiations with the number one ranked firm for the audits of Collier County's financial statements for the fiscal years ending September 30, }99§, 1999, and 2000. Prepared By:.~..,~,-... ~. ~~~--~x t~lames L Mitchell. CIA, CFE, CBA VDire~lo~ of Finance and Accounting Date: Approved By: Chaim~ Audi~vn' .%h:ctio~ Corrrniv.,~ Date: / #o..~,~L HAY 2 $1558 County of Collier Boarrl of County Commissione~ Audit~vfc~ Board Ranking Sheet Firm N~te Cd~=~.~.~ orc~ Rank KPMG Peat Marwick, LLP, et al Purvis & Gray Company Bom'd Member:. NAY 2 $ B~8 EXECUTIVE SUMMARY APPROVAL OF A LEASE AGREEMENT AND PARTIAL FUNDING FOR TIlE 4a' OF JULY Objective: That thc Board of County Commissioners approve and authorize the Chairman to sign a lease agreement with the Naples Junior Chamber inc. approving the use of Sugden Regional Park for a 4~' of July Festival, and approve funding in the amount of $25,000 for a fireworks show. Co~sideratlomThe Naples Junior Chamber (NJC) previously approached the Board on M~ch 3, 1998 with a proposal to host a 4a of'July Festival at Sugden Regional Park. The Board directed the NSC lo work with staff. The NJC proposes a one day revival from 4:00-10:00 PM on July 4, 1998. The itinerary for the evem includes live bands from county to rock and roll, local entertainers., games and food vendor booths, a ski show by the skimmers, and a $25,000 fireworks display after the sun goes down. This event will benefit the ¢ilizens and families of Collier County since it will offer an alternative to oth~ fireworks shows. Additionally, the festival will be a great way to show offthe newly opened Sugden Regional Park to the Collier County community. (The park is on schedule to open in early lune.) TI~ County will fund $25,000 towards the fircv, orks show only. In return, the NJC will be responsible for all on ~ off-site operations and revenues associated with the event including security, traffic control, cleanup ,,nd all rental fees for said park in conjunction wi~h County policy. Per the A~eement. the Collier County Sheriff's Deoanmcnt mus~ aoprVve t. raffic and ~curit_v vrcx:edure_s., and !he NJ.~ Fcprfscntative must I:~rscnt the d~,tails of the manatemem plan for the Boai'd'~ review. The budget for the event is estimated at $ 72,000. The even! will be open to the general public fi~e of charge with preferred seating ~d parking upon the review of the managemem plan available at a fee of $3.00 each. Additionally, the park will be closed to the public on July 4. 1998 so that the vendors have proper time to ~afely set up for the evening's festivities. Thc NJC anticipates 10,000 visitors will at~end the festival. Growth Management: None Fiscal Impact: The County anticipates revenue (00 I- t 56341 ) in the arnount of $800 for renlal of said property. The fireworks will cost the County 525.000 and ~ill be taken from general fund rcser','cs (001-919010) and expended in the Parks and O~.her Property Budget (001-1563.32). Recommendation: That the Board authorizes the Chairman to sign the Agreement upon the Sheriff's Department written approval of the traffic ~nd Mfety procedures detailed within the management plan, and approve associated budget amendments. Thc Count' Attorney has reviewed and approved this Agreement. Prepared by: 0ohn Dunnuck, Operations Coordinator Department of Parks and Recreation Approved ._ Maria Ramsey, Director ~' Department of Parks and Recreation Date: ~"/~- t2ff" Reviewed and Approved by: ~~_.~.._ Thomas W. Ollifl; Admi~or Division of Public Serviceg' I HAY 2 AGREEMENT BETWEEN Till-' IIOARI) OF COUNTY COMMISSIONERS, COLLIER COL'NTY, AND TIlE NAPLES JUN1OI{ CIIAAIBER INC., A NOT- FOR-PROFIT FLORII)A CORPORATION, APPROVING USE OF SPECIFIED COt'NTY.OWNED PROPERTY FOR CONDUC'q'ING A JULY 4r~ FIREWORKS FESTIVAL. This is entered into th~s da.~ or' . 1998 by ~'~d between bhe Board of County Commisssoncr,;. C,,lhcr { ,,~,~tv. ~"h,rM.~. ~,l,~',c m.,I,~i; address is ~301 E~t Tarniarni Trail. N3ples. Florida 34112. hc:¢m',ftct :cferrcd :o as "[loaM". ar.d Napies Ju~nior Chamber. Inc. ('Naples JC) not-for-profit Florsda corr^~rat,,~n. ~ho-,e ntadsng add:ess ~s P O. Box 7783, Naples, Florida 34101, hen:inafier referred to as "Org:ni;,'~!son" WHEREAS. the Orgamz~:son requests the usc of County-ov,.~ed land for the purpose of holding activities ~hr conduct~n~ .~ Jul':' .F' Festival to be F. eld on July 4. 1998. WHEREAS. :he B,,.~rJ ~ :~iisn._, lo appro..e the usc o£ Coumy-o~,'ned land for such purposes as aec specified hereto: NOW, THEREFORE. TIlE I'ARTIES ltERETO AGREE AS FOLLOWS: The Board hercb.~ app:o~¢s :he usc of ~ portion of County-owned property identified ~ Sugdcn Regional Park as sho;~,n In F xt':.:bi! "A ' attached hereto and made a l::ar~ hereoF, hereinafter referred to as ~he "Prope~.~" for 'he purp,.~,e of t', Iding ~t~s mos/or a July 4" Festival hereina~er referred to as thc "Fcstls a!' '~ h~: lh,.,:d he:cb? ;,:.~n:s thc ()r~ar,~z~non ~he right to photograph, record, televise, bro.'tdcu,:, d~:nbuh.. :,.i,bn. ~,hen~s¢ and ~romo~e the Festival The Boa.rd has rights to u~ p~cture,~ fi~: p~',,n~,,,,.~, f fi:~ proL.;'r.,:n t~'~ of :he Pr~r:y by the Organization shall be from Jul) I"throu~:hJ;;:> ,~ lh:!':.Fcr:,~, ..~:1Ih¢clesed~othegcncralpubiiconJul).t,'~until~heevent Is o1:~¢~ :.9 th. ;',l'-i~ .:-....:~".'~::!:::c~ ~'. I:~,..' o:~:_~nlz¢r The orga.n:~t~on ,r..~il 5.: ::'-?,,::~b': fi.r ill on and off-~:c operations ,~d revenue as well a.s the administration ot'a:,l re'.:r.';c ,:ow. ed from the Fcsfixal lF, e Organization shall have ~he sole right and respons~bilst? '.~;:h resr~.'c: m the granting of concessions (such a.s food. beverages, programs), sponsorsh;p -',nd n:erchand:s:::? rights and the revenue therefrom subject to Board approval. The Organ~tlon sh'~H momh~r, con::ol and assume rcsponsibihty for all activities, vendors. licensees, and ~r.v~tee~ assoc~:~tcd ',~ ;~n holding of :~e Fe~l. such res~nsihili~ no~ ~ing limited ~ ~h collechon and clca,~-~:r ut'the I'r,)pcn~ Re~a:r o~ d~maged ~e~ ~11 ~ a~ the ex~nse of · e Organi~hc~: Boant sh~tl no: ~c obhga:ed or requited ~o ~m~rove. repair, or maintain ~e The Orgamzat~nn :,h.di .~c4u:r¢ .d ;'~rmh~ re.it,,red 0Y Collier County and any other goverru-nental entity to conduct ~u,:h .m cxc:~: a.d rt::a:~d ac:. ~t~es on thc Property. The Organization shall post a Two Hundred a,,a nc, ;.u O,filJr~, ~ $.~00) deposit x~l:t' ihe Collier County Parks and Recreation i~partmect ',1 linc l.:~c or' r¢)cr',,,;non o!'the esent lc insure adequate clean-up ofthe Property. T'ms depostt ~s not in~ended to topi.cc Ihe Organizanon'. obligation to clean up the Property at the completion of its act~,, roes tmd.,.-r th~$ Agreen:em 'I he Parks and Recreation Department shall return such depostt to Organiz.mon if satd Property ~, cleaned and facilities are left in an acceptable condition in a tim¢l.,. :md pr.per manner as requsred herein Prior to making an:, change~..~l:,:ranons, additions or ~mr'rox ements to the Property, the orgamzat~on shall provide to Ibc Board. in s~nting, all proposals and pl~s for alterations, improvements, changes or additsons to thc Property. I'he Organization covenants ~d agrees in connection with an.~ maintenance, repair ~ork. erecuon, construction, improvement, addition or alteration of any authorized modificat:ons, additions or improvements to the Property, to observe and comply with all present and future la~,s, ordinances, roles, regulations, and requirements of the United States of America. State of Florida. County of Collier. and any and all governmental agencies. All permanent ahcrati,)ns, improvements, and additions to the Property shall, at once, v, hen made or inslallcd, be d,:cmcd as auachcd to the freehold and to have become the property of Collier County and shall remain for thc benefit or'the County at the end of the term set forth in this agreement tn as good ,~rder and condition as they ~cre v, hen installed, reasonable wea: and tear excepted; pro,, ided. however. ~l' Board so directs, the Organization sh~ll promptly r~move all portable and non-permanent addinons, improvemen, ;. alterations, fixtures and installahons which HAY 2 6 1998 ~,',ere p~accd uL ,m ,,r Iq'~m ,he J'r<,['¢r:.,. un bvil.,l! o,r thc Orgamz;)tion, and repa,r any damage caused to the Propcrt~ hy such rcmo~ al Orgamzation agrc,.'s that Ihc e,,¢nt u.'dl bc managed in such a way as lo comply with all other Collier Coumy ordinances, codes and Parks and Recreation Depa.etrnem policies. In particular, thc event noise, except the I'ircs~orks themselves, will bc managed to limit any sound amplification to meet the Collier Count.', Noise Ordinance and in accordance with Parks and Recreation Dep~ulment policy for utilization of Coumy Parks. There shall be no on-she sales, promotion, or consumption of. alcoholic beverages withi, ~hc park boundaries, There shall be no on-site sales and promotion of any tobacco product :~ ithm thc park boundaries. Organization agrees to pro~ idc sccunt;, according to .', plan agreed in writing by the Collier County Sheriffs Dcpanmem and submmed with thc management plan. Organization also agrees to provide on-site fire protection from ~hc E~st Naples Fire Dis:rio! and/or other authorized County F~re Districts. and on-si,e Emcr..:cnc? *!.-'dlcal Services from thc Collier County £MS Depot!mcat. Organizahon ~grecs to ha~c .~ p.:r;:m...; and pcdcsman cro~smg plan approved by Parks and Recreation and thc (',)il,er County Sheriff's Depot:men:. 8. Organization agrees to manage the cron: as omlin:d ~dthin the management plans prepared by UrBanization. Such plans arc a par: of this Agreement 9. Thc Organ,zation agrees that all person< invohcd with the handling and igniting of fireworks will be performed b) qualified personnel 10. Organization shall indemnify, defend and hold harml-,'ss Board, its agents and employees from and against any and ull h.,.bil,t~ t >t.~tu:or.,, or other'.,.ise), damages, claims, suits, demands, judgments, co$t$, interest and exp,:n~¢s ~ :n,.'ludmg. but not limited Io. attorneys' fees and disbursements both at trial and appellate ic~e[,i .~r:,:.--...: al:ret:'.:, or indirectl.'., from any injury, to, or dea,h of, any person or persons or dam.~i:¢ t,. p: '7o :., ~:;, it. ~'mg It,.,s o!' use thcreo0 related to (A) Organization's use of thc Pro~c~y. ,1~, ,:;:'. ,..,.r, ,'r:m':=,., hd:soc'.er done or any condition created (other than solely by Board. ,ts et:ir, l,,: t~,. -'it" :;' ~': o,:~':.:c[or>~ h? or un behalf of Organization in, aboul, on or with Iht Properb. ~(.', a,;? ,.o,iJ:::,m or me Proper!.,. due to or resulting from any default by Or~anizatton in thc pcrlilrma::ce ,0t'OrL.,aniz~fiun's obligations under this Agreement, and (D) any act. omission or ::cgi~gcnce ,~' Orgamz.mon. ~ls agents, contractors, employees, subtenants, licensees or inflicts. In c.~:c .m.~ action or proceeding ,s brought against any of the above by reason of any one ,)r mt,re thcr¢,~f. Ort..'.:m,z~'mon shall pa?' alt costs, attorneys' fees. expenses and liabilities resuhmg ti:crc:Yom .:nd shall defend such action or proceeding if Board shall so requcs!, al Orlilanizat,on'-, ¢,.pcn,¢. b~ cuum,¢! r':asonab:y satisfactory to Board. I I Thc Organ,zam,:~ ,lc.~'n:, ::'.¢ ;':,~p,..rt:. 'as ,s" '1 he F,,~ard shall not be liable for any injury or damage Io an?' pcr:,,,n ,,r pm;;cr:? c.~u~cJ by the elemcnls or by other persons on the Property, or from the street or :,ut'-~,~:r::cc. ur fi'om 2ny o%er place, or h~r any interference caused by operations by or for a go~cr~rn.,cnlal ,~u;!-.,:r~b. 12. The Board shall not bc liable :hr an? !dSS of propen', including loss due to pony theft of any properly occurring on the Prorx:ny or any part therecf. Thc Organization agrees Io hold thc Board harmless from an.,, claims for damages, except where such damage or injury is the result of the gross negligence or ~ i t?r'ul m::,conduc', ,;f thc Board or ils employees. (a) Orgamzatmn ~hall pro,. ,Jo .md ma~a~Jm special ¢~ eat general liabiliD' and properly liability insurance polic.'.:,¢..i, appro'.¢d by ,h,: (.'oilier Count.'. Risk Management Department for not less than Three MiIli,m D,,ll.~rs and X. '(.cm, ~ $;.000.t)0O) combined single limits during the term of this Al~rcemcnt Orgamz:m,n 5hr,Il gr,' .dc and maintain Worker's Compensation [nsura.qcc covering all cmplo.,,ees n:eetm..., St.,tutor'. Lin:its m compliance with all applicable laws. Thc Organization shall ~1~o include additional fir¢~orks insurance in the amount of One Million Dollars and Nd. Cents IS 1.000.000} combined single limits dur/ng the term of this Agr:emcnt. (b} Collier County shall bc lis~ed as additional insured on the con'u'nercial general liability policy. £vidcncc of such insurance sh~ll b¢ provided to the Collier County Risk Management Department, 3]01 Fast Tamiami Trail. Administratton Building, Naples. Florida. 34112, for appro,,,al prior to the commencement ofdtis Agreement; and shall include a provision requiring ten (10) :lays prior wrillcn no!icc to Collier Count.,,' cio County Risk Ma.'ugement Department in the event of cancellation or changes in I~lic.',(ies) coverage. Board reserves the right to reasonably amend the insurance requircmcms b} issuance of notice in writing to Organization. !'pon rt.c¢ipt of such notice, Organization shall ha,,c ~en (10; days in which to obtain such additional insurance. 2 i J J HAY 2 6 l t t8 J 14. This Limited Use License ^r, reemem shall be administered on behalrofth¢ Board by and through the Collier County Parks and Recreation Deparlment. The Organization must submit an application and facility reservation deposit to the Director of P~ks and Recreation no later th-~n (60) calendar days prior to the event date. (al. Upon revtessing ;he appl,c:,lion, the Director may schedule a special events committee me,~ing with the represemativcs of~h.' Organization approximately (30) calendar days prior the event date All requested s,.'rs ~ccs. permits, rental fees and s:rvice charges will be discussed at the (b). The Organi~tion shall be responsibility to attend thc meeting property prepared to discuss the event in detail and provide ail required documentation ~.nd information pcrta, ining to thc ev,-nt. The Parks Director may approve or deny thc applicaticn any such meeting ts). (cl. ,~I~: The Organization must provide the Director with dct.~led event information and copies of requirc~ documen;s no la:er tha~ (30) catenda; days prior to ~c event or at thc special event meeting, sshichever comes £rst. The information and docu. rncntafion may ir. cludc, bul are not limited to fl~c following: .L. Event Mapda?-out (mapsYla?'outs avaiiablc u~n request). 2. Event Agenda. (sho~ss. times, etc.) ~ Vendor List: (names. addresses, phone ='s) of ail food vendors, sponsors, entertainers, non-profit groups, mcrchandi;c vendors, and any other group operating at thc event. 4. Supplier List. ChOn:es. addresses. Fhonc ~'s) of all rental companies and sub contractors hired to provide Iog,stical services for thc event. .,5.- Logistical schedule ofcvent: Id¢liveries. set-up, clean-up). 6. Fire re~.xrdar, t cert:~ca~e For c~,h :eat sc: up at the cvent ~Hll be submitted 30 days in advance oF the ¢~ ¢:~r 7. Upon res~c~smL, j thc o',eat lu...':~::cs :he CounL'. rc~¢r'.'es thc right to approve, revise., or deny an element of :he Or,;~ni:,~tic, n's proposed c~en: ~o afford to thc County the utmost quality control to attenlpt :o ;~ssur¢ a sate e;'cnt. (d). Parkine Plan: Thc Orffu~:~za:ion must pros idc to the director a detailed p~ldng plan For all areas scheduled to be utilized and thc parking auendan~s scheduled to monitor the defined parking areas no later than ~ 3Or c-',lcndar days prior lo even: date. 16. It is thc responsibd::} ,)f th.: ();[:::inll'~h.,n :n propcrl.s hal;fy Ibc general public of closed roads and designated p.~rkir, L: a:¢as an,: pru~ idca .!c:aded pcdestn~r'~ road crossing plan to thc Director approved by th,: C,,',lier Count?' Sher,':' i Department 17. This Agrccm,:nl is .,:or u~s~iF;ablc ..kr:? .~::,.'mpt to assign shall be void ab initio. 18. The Rental R:te lbr thc £est,: al ~s S gO0 19. This Agreement represcms a bm'e license for thc O;ganiz. ation'$ u.~ of thc property and does not convey any estate sn thc Property or create any in: :rest therein whatsoever. 20. Thc Organization represents and v,'arr:n:s to thc Board that no hazardous materials will be discharged to thc air. L.'r~unds. server, or to :,ny septic system on the Property except fireworks are planned to be disehar_.:cd in ti;,: air and on the ground according to plan. 21. The Organizatmon shall be rc,;ponsib]¢ Ibr pa?,ng all t~x.,:s and charges ~sociated with or resulting From thc holding u~'thl% I:cs:i~al. 22. Sixcial Event Check List is ,as £ollows: All Organ,g,~nons will No Later Than Submit application and ILcslity dcposit Attend Count.,,' special cs cng meeting Copy of all adseniscmcn:s Provide event logistics and permits Fire Retard.-mt Certificate for tents 30 calendar days prior to event date 30 calendar days pricr to event date 30 calendar days prior to event date 36 calendar days prior to event dau: I .~ calcnd,u' days prior to event date .o HAY 2 5 19cj8 Pg. Cop)' of all m~ur;mcc Pay' all permit and rema[ Pay of additional l~s and 1S calendar days prior to event date .$ calendar days prior to event date 30 calendar days ,'~¢r event date 23. Pursuant to this Agreement, Ibc Board shall grant twenty-five thousand dollars ($2S,OrX~) in trusl to the Organization. Thc Organization will select the supplier of thc £ucworks for this Fcstiv.~l and shall pay that $2S,000 to thc professional supplier as pa~ial consideration flora thc Organization to the supplier for such fireworks. Fifty percent (50%) of said monJer; shall be dispersed to the fireworks supplier before thc c~ent and the remaining fifty percent (50%} shall be dispersed upon the completion o£ the Festival. Within ten (10) days following the end of the Festival, thc Organization shall confirm by Icucr to the Board that said $25,000 was in fact paid to the supplier of thc fireworks. 24. This Agreement is governed and construed in accordance with the laws oft.he State of Flo, ida. IN WITNESS V, ilEREOF, thc parties ncrcto have made and cxccmed this Limited Usc License Agrccmenl as or' ;he da} and yea.- first above written ...~f~ TO THE OROANI7~A_TIQN: NAPI,ES JUNIOR CI-IA,~IBER, INC. Robert D Nadcau, Executive Director Witness (signature t print name) Wimess (signature (print name) A'I'FEST: DWIGHT E. BROCK. i",,..r,.' ,AS TO THE COb,~TY: BO..~RD OF COUNTY CO~IblISSIONERS COLLIER COUNTY, FLORIDA B,,,: [b Deputy Clerk BARBARA B. BERRY, Chairman Approved as to form and Icgnl sufficiency: Thomas C. Palmer Assistant Count,,,' Atturnc.,, WED APPOINTMFR4T OF ~4BERS TO TNE COLLIER COUR"FY INDUSTRIAL DEVELOPMENT AUTHORITY ~.' TO appoint two members to the Collier County Industrial Development Authority. CONSIDERATIONS~ The Board of County Commissioners, pursuant to the authority of chapter 159, Part III of the Florida Shatute$, created the Collier County Industrial Development Authority in 1979. The auzhori~y is composed of five ~embers who are appointed by the Board and se~;e fotLr-year terms. There are currently two vacancies on the. Authority. The first is for an appointment to fill the ~expired term of Richard Botthof, who resigned when he became Chairman of the Collier County Economic Development Council. The second is an appointment for a full four- year term, created by the expiration of Carol Girardin's A press release was issued by the BCC and five citizens applied (resumes attached). While IDA members, unlike Rousing Finance Authority members, are not statutorily required to have backgrounds in specific areas of expertise, all applicants have significant business experience. A letter has been received from Richard Botthof, Chairman of the EDC advising that the EDC Board of Directors recommends the appointment of Ross Cbley to fill the unexpired term, and Alice Carlson to a four-year term. FISCAL ~MPACT: None GROWTH MANAGEMENT IMPACI;_ RECOMMENDATION:~ That the Board of County Cc~missioners con~;ider the request and appoint two members to serve on the Collier Cmunty Industrial Development Authority ' rth Date: May 12, 1998 and to execute a resolution No. MA¥26 t998 biay 7, ] 998 ECONOMIC DEYEI. OP/V~NT COUNCIL OF COLUER COUNTY, INC ~CO ~ & ~ G~,"~ 3050 N~ H~s~.,.~ Ddve, Su~ 120 Naples, Florida :M.10J., USA 941-2634~989 Fax: 941.26a-6021 Internal: sw~,aflc[obuslnes s.com Honorablo Barbara Berry Ch;firman, Board of County Commissioners 3301 E. Tami~mi Trail Naples, Florida, 34.112 De~r Ch,~rm~ B~ry: Pursuant to thc Board's dkectioa, Ms. Filson has publicized the need for Industrial Development Authority appointments. The press release has been published and resumes received. It is the recommendation of the Economic Development Council of Collier Cotmty Board of Directors that Mr. Ross P. Obley and Ms. AIice Carlson be appointed. Ross Obley previously served as Executive Secretan/to the Industrial Development Authority as well as President of the Economic Development Council et'Collier County. Mice Carlson has an accounting background and earrently specializes in business and financial consulting within the rca! estate and development areas. Both of'these individuals have vaJuable experience, which will be important to the Authority as it moves into new are, ss of financing to assist new and cx-isting business in Collier County. A suggested Executive Surm?mry and a Resolution of Appointmem are attached. Thank you for your assistzmce. Sincerely, Richard Botthof Chairman HAY 2 6 .e8 I Industrial Development Authority $~m~ Richard Bottho£ 5801 Pelican Bay Boulevard Naples, FL 3410g District: Category: Fr'or~ Phone ~4ppt'd Exp. Date Term tlome Phone DateRe-appt 2ndExpDate 2nd Term 591-7848 6/10/97 02/28/01 John Agnelli 2900 South Horseshoe Drive Naples, FL 34103 District: Category: 343-5888 4 Years Barbara Minch 2436 Orchid Bay Drive, #103 Naples, FL 34109 District: Category: 592-6199 6110197 02/28100 4 Years J. R. Humphrey 3963 Enterprise Avenue Naples, FL 34104 District: Category: 643-2010 11/7/95 02/28/99 Carol E. Girardin, C.P.A. 3033 Rivcra Drive, Suite 103 Naples, FL 34103 District: Category: 11/7/95 02/28/99 4 Years 4 Years 566-1600 06/10/97 02/26/98 I Year llt~trtday, Dectml~er 18, 1997 - -Page 1 of 2' '" -~ HAY 2 6 1998 Industrial Development Authority Sarr~ ~'ork Phone Ap£t'd £~71. Ba~e ~r~ Itome Phone DateRe~ppt 2nd~Date 2nd ~e~ ~a~bl~ on Febmaol 27. ~979. b~ ~esolution No. 70-~ ~ursuant to FL $SAT ~9. Pa~ IlL ~is a~ ~ ~m~ of 5 mem~rs who se~e s~ggered, 4-year terms. ~is authod~ has · e ~er to ~Ii indus~l r~enue ~nds. Money generated Eom the ~nds would ~ used to ~~ indus~l plan~, ~uip~nt and o~er facilities which would ~ lea¢~ or ~{d to p~ate S~an Pa~, ~e Se~e~ E~ ~e~nt C~ndl 32~ ~ ~, Su~ 162 Na~. ~ ~105 2~989 F~: 26~21 · ~na~ ~ P~, ~un~l to ~ Au~od~ $t=[~. ~ P~o~: 591-2700 Page 2 of 2 AGEND. A ,~TEH no.. 16/.H· HA¥26 f398 4 2 M E M 0 R A N p U~,,J'_ RECEIVED DATE: April 3, 1098 APR I0 1998 TO: Vinci] Hills, £]ectior~ Office . 6Oard off Count~ Co~fss fcne~s FROM: Sue Fil~n, Admini~ativ¢ AssistS! ~ Bo~d of County Co~issione~ ~ Voter Registration - Advisory Board Appointments The Board of County Commissioners will soon consider ~e following individuals for appointment to one of the county's advisory committees. Please let me know if'those listed below are registered voters in Collier County. Also, please list the commission district in which each applicant resides. INDUSTRIAL DEv~,QPMENT AUTHORITY COMMISSION DISTRICT James D. Carter 720 Turkey Oak Lane Naples, FL 34108 James G. O'Gara 517 Parkwood Lane Naples, FL 34104 cz Roger D. Ericson 12502 Colliers Reserve Drive Naples, FL 34110 Alice J. Carlson 2730 Leeward Lane Naples, FL 34013 Ross P. Obley 802 Slashpine Court Naples, FL 34108 Thank you for your help. WHERF_2t~, the Board of County Commissioners of Collier County created the Collier County Industrial Develo~nt Authority (the "Authority') by Resolution No. 79-34 on February 27. 1979; and, ~.AS, the Board has appointed certain individuals members of the Authority; and, WHERF. A~, the term of office of Carol £. Girardin expired on Febr~/ary 26, 1998 and, WHERF. AS, Richard Rotthof resigned as a me~r of the Authority; and Wf{EREAS, the Board desires to appoint the individuals named herein to be members of the Authority; )4Ow ~FOR~ BE IT I~I~SO~V'BD BY TI~ BOARD OF COUIFI'Y C01(i~88ZO~ OF COLLZ~P. COUNTY, FLORIDA T11).ATz 1. i, hereby appointed to serve a term of four years at a me=bet of the Authority, =aid term to expire on May 26, 2002. 2. is hereby appointed to serve the unexpired term of Richard Botthof az a member of the Authority, said term to expire Februa~/ 28, 2001. This Resolution shall constitute a Certificate 02 Appointment and shall be filed with the Clerk of the Circuit Court as provided by law. This Resolution adopted after motion, second, and majority vote. DATED: May 26, 1998 ATTEST: DWIGHT S. BROCK, CLERK BOARD OF COUNTY CO~MISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form ~nd legal sufficiency: By: Barbara g. Berry Chairman David C. Weigel, Co%u%ty Attorney AGENDA ~T, EM No. /0. . HAY26 t.qcJ8 ,g./,, ,H gM 9R^NDUM DATE: TO: FROM: April 3, 1998 Donald A. Pickworth, Esq. Sue Fil~on, Administrative Assista~"~//[~ Board of County Commissioner~ Industrial Development Authority A~ you know, we currently have a vacancy on the above-referenced authority. A press release was ismed requesting citizens interested in serving on this authority to submit a resume for consideration. I have attached the restumes received for your review as follows: James D. Carter 720 Turkey Oak Lane Naples, FL 34105 James G. O'Gara 517 Parkwood Lane Naples, FL 34104 Roger D. Ericson 12502 Colliers Reserve Drive Naples, FL 34110 Alice J. Carlson 2730 Leeward Lane Naples, FL 34013 Ross P. Obley 802 Slashpine Court Naples, FL 34108 Please let me know, in writing, the recommendation for appointment to the authority, 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 AGENp~ ~TEffi ~ MAY 25 C&C CARTER & CARTER ENTERPRISES~ INC. RECEIVED ~P~ - 3 1998 ~oard of Count) Co~issioners Aprl! 1, 1998 Sue Filson Collier County Co~mi~sion ~Zt Collier County Industrial Development Authority I've been a resident of Collier County since 1979 and am interested in serving on the Collier County Industrial Development Authority. Attached is =f vita outlining my business background- Moat recently, I served on the collier County Council of Economic Advisors. Please call me call if I can answer any quc,tione. HA¥26 EDUCATION: JAMES D. CARTER~ Ph.D. Manaiement Educator B.A. Transylvania University, Psychology, 1960 Po~t Graduate Work: University of Toledo and University of Illinois, 1963-64 Walden University, Ph.D. 1988 - Busilqess Administration and Social Change I~OFF~SIONAL CAREER: Carter was on the Council of Economic Adv~or~, thc catayt that formed the private/public partnership between the EDC and county Government. He is a member of the Executive Committee of the Republican party, is on the committee of new business development and public policy of thc EDC, ks the President of the Naples Entrepreneur Workshop, is on the Board of Governors of the Naples Press Club, and is the Executive Director of the Presidents Forum oC Southwest Florida. Caner has been Executive Director of Consultant Development for the American Center for Management Development, and has served as a member of the adjunct faculty of the advanced Management Institute, Lake Forest College, Edison Community College, AMR International, Pcnton's Learning Systems, Career Track, American Management Association and the President,, Association. Co-host of a weekly radio show entitled Your Own Businesd Co-author of a weeldy newspaper column, He Wor~, She World, distn'buted nationalI7 by Scripps-Howard News Service. Carter i~ a widely acclaimed human behavioral strategist, writer, international lecturer and program facilitator, Dr. Carter's specialization is in the areas of strategic planning, team building, negotiations, improving personal productMty, mult¥1e axscssmcnt processes, performance management and work/life programs. Engaged by prominent organizatior'.s locally, throughout the U.S. and abroad, including: The Smithsonian Institute, DuPont, Whirlpool, IBM, Kiwi Brands, Borg Warner, Dow Corning, Morrison's, Broad Cast Music, Motorola, Canadian Management Center and Kllw'itlt National Petroleum, as well a~ many federal, state and local government agencies and professional associations. (~41) 566-7720 * FAX: (9tl) 566.9966 a E-mall: r~newal(i]~:~eganet, c~ Iqo. [0. · ~ 26 t998 Vitl lemes D. Certcr, Ph.D. Management Consultant Page 2 I~O~'~.SSIONAL CAREER: Co..AIJrHOR of H~ WortxlShe Work~ . Succerrful Strategies for Working Couples (AMACOM, Dec, 1995). Served on the advisory board o{ AMACOM, the publishing division of the American Management Association, es thc contn'butlng editor to Ho~ ~oAs~t thetl~ Re.n~rce$ D,pa,-oeent. Co-author of AMA's top selling manegemem courses, $~.c~ Managing People, The Family.Friendly Wor~lace, and He Wods/She Wod~ - Bal~m~ng Work and Relationships. He has had several articles published by trade a.~ociations on W'mn/ng Through Negotiations and Measur/ngEm/~/oYe~ performance. MEMBERSHIPS: Dr. Carter is the former President of the Waukegan Saycees, is a member of Rotary International, American Management Association, American Society for Tralntng and Development end Pi Keppa Alpha Fraternity. He iz listed in Who's Who in the South, Who's Who in Finance and Industry and Man of the Year, 1992: International Biographical Center. FOR MORE INFORMATION CALL: lAMES D, CARTER, Ph.D. 941-566-3366 ~ & ~ I~nt~rpriaea, lneo 720 Tark~ Oak Lane, (941) 58~-7720 · FAX: (941) 556-99~ * E-nufl~ AGEN~),~, ~'EH NO._ t~,' ' - HAY26 998 James G. O'Gara 517 Parkwood Lane Naples, Florida 34104 (941) 403-0314 R~ ,c..EIVED :~ ~p. - 2. 199~) March 31, 1998 Ms. Sue Filson Board of County Commissioners 3301 Tamiami Trail East Naples, FL 34112 Dear Ms. Filson: Enclosed is a copy of my resume and a brief biography. I would like to be considered for the Collier County Industrial Development Authority. I have a strong background in Industrial development as well as Finance. I recently left the Barron Collier Company as their Division President, where I was the driving force Oehind the newly approved Creekside Commerce Park. Thank you, Sincerely f,~ CCc: Mr. Tim Honcock H 0 ,._~.(~.~ HAY 2 6 E)98 JAMES G. O'GARA 517 Parl(wood Lane Naples, Florida 34103 Residence: (941) 403-0314 Office: (941) 571-3605 SUMMARY An innovaUve, results-oriented professional with demo~trated strenglhs in Development. Asset Management, and Government Relations. Progressive re.~ponsibility in the planning, negotiating, ~ction and leasing of commercial properties. Expertise in identificalion of development opportunities as well as structuring and negotiating complex rea[ estate transactions. EXPERIENCE AND ACCOMPLISHMENTS BARRON COLLIER COMPANI. F~ - Naples, FL A privately owned real estate, agricultural and oil company 1996-1998 PRESIDENT AND GENERAL MANAGER - REAL ESTATE DIVISION Profit and Loss responsibility for the Company's commercial and residential lands. · Developed and implemented a strategic plan for the real estate portfolio, emphasizing recurring revenue, value enhancement, and portfolio balance. Developed and financed a neighborhood shopping center and office building for long term investment. Ground leased other parcels for revenue production. · Zoned and develoced a 107-acre business park.. Negotiated joint venture for 2771-acre wetlands mitigation bank. Negotiated joint venture [or 320.000 square foot power retail center. CATELLUS DEVELOPMENT CORPORATION - San Francisco, CA A New Yo~ Stock Exchange traded real estale company. 1972-1995 Seniur Vic9 pre$idenl; - Sales and, .Land ~tanaaement (1992-1995) Senior Operating Officer responsible l'or rr onetization through sale, leasing, or development o! Company and client properties. · Negotiated sale of over $200 million in surplus Company assets. Led staff of 40 professionals in managing and disposing surplus properties of The Atchison, Topeka And Sanla Fe Railway Company. Headed the land management operations of the Company. Created innovative income- producing projects on the Company's outlying lands such as wind farms and landfills. Senior Vice President - Oeve!ooment (1989-1992) aec ~S for the conversion of former railroad land holdings In Northern Califomia to N_~.~'_~vial~le residential and commercial development'/ Led sta:f of 15 professionals. MAY 2 $1~,98 C~reated a land use plan l'or the $2 billion, 300-acre Mission Bay Project, and i r~ ~ccessfully negotiated a Development Agr,.ement with the City ot' San Francisco for its pg~,,..., i~pg. I,~,,_ i~plementation. · Page Two Successfully negotiated a Development Agreement for 1,400 homes, and 18-hole golf course, and 2.800,000 ~uare feet of commercial space for the Company's 700-acre Pacific Greens Project in Fremont, California. Directed the development and construction of East Baybridge Center, a 470,000 square foot shopping center in Emer~ille and Oakland, California. Built and leased over two million square feet of commercial and industrial buildings in Fremont, Union City and Livermore, California. Structured residential joint ventures in Stockton and San Diego, California. SANTA FI~ PACIFIC REALTY CORPORATION - San Francisco, CA A wholly-owned subsidiary of Santa Fe Southern Pacific Corporation. (1983-1989) ~¢e President of .Special Real l~state Projects. Directed all of the Company's complex urban real estate projects. Converted tax-free trades of $80 million in raw land for $80 million in income-producing commercial real estate, Negotiated a Development Agreement with the San Diego Redevelopment Agency for 4.2 million square feet of high-rise office space in downtown San Diego, California. · Sold Santa Fe Railway right-of-way to Metropolitan Transit Agency in San Diego. · Planned, entitled, financed and built a hotel in downtown San Diego, California. · Assembled 52 acres from three railroads in downtown Los Angeles for future office development. Built and leased a 350,000-square foot high-rise office building in San Francisco, California, and a 400.000-square foot office campus ir~ San Jose, California. ~ANTA FE I~.ND IMPROVEMENT COMPANY - Chicago, IL (1982-1983) Assistant Vice President · Evaluated and successfully recommended that Santa Fe Industries form a real estale company to actively develo') the surplus land assets of the Santa Fe Companies. · Negotiated joint ventures fo~ offic~ and residenlial projects in Torrance and Chula Vista, California. ~TCHISON, TOPEKA AN.D SANTA FE RAILWAY COMPANY - Los Angeles, CA (1972-1982) ,A~$1$tant to the presiden_t · Negotiated sales of branch lines in Southern California, Arizona and Texas. · Construction Manager for 337,000 square foct renovation of Corporate Headquartem for Santa Fe Railway in Chicago and for 200,000 square foot Western Regional Office for Santa Fe Railway in Los A~geles. ~OUCAT10N MBA, lg72, Major in Real Estate, University of Southern California B.Sc., 1971, Major in Production Manage~,.ent, University of Arizona HAY26 f998 .. James G. O'Gara Detailed Career Biography 1972 - 1997 James G. O'Gara was bom and raised in the Chicago area. One of eight children, his father was a civil engineer and paving contractor. He graduated from the University of Arizona in 1971 with a BS degree with a major in Production Management. He received his MBA from the University of Southern California in 1972 with a major in Real Estate. After graduation, he started work with the Santa Fe Railway Company in Chicago, Illinois as Real Estate Assistant, managing railroad right of way, and leasing property surplus to railroad operations. He was promoted several times; eventually working in the Industrial Development Department which was a marketing adjunct to the Railway's Freight Traffic Department. The Industrial Develcpment Program consisted of buying land along the Santa Fe main line and subdividing that land for sale. These properties would be sold off at bargain prices as an inducement for shippers to locate on the Santa Fe lines. Mr. O'Gara coordinated all aspects of the subdivision and sale process including zoning, site engineering, CC&R's, title and escrow. Mr. O'Gara subdivided and sold land to shippers in Chicago, Joliet, Streator, and Hodgkins-Willow-Springs, Illinois; Wichita, Topeka, Kansas City, and Chanute, Kansas; Oklahoma City, Tulsa, and Enid, Oklahoma; Dallas, Ft Worth, Houston, Amarillo, San Angelo, Brownwood, Galveston, El Paso, Lubbock, Temple, Beaumont, Garland, Lewisville, Denton, and Sweetwater, Texas; Albuquerque, Belen, Grants, Gallup, Raton, Las Cruces, and Santa Fo, New Mexico; Winslow, Kingman, Flagstaff, and Phoenix, Arizona; Pueblo, Colorado Springs, Denver, and Littleton, Colorado; Los Angeles, Vernon, Santa Fe Springs, Torrance, Fullerton, Anaheim, Orange, Santa Anna, Tustin, Corona, Redlands, Ontario, San Diego, Chula Vista, Fresno, San Bernadino, Richmond, Martinez and Stockton, California. In the mid 1970's, Senior Management felt that it was more impodant to build railroad traffic than it was to maximize the value of the real estate. Nevertheless, Mr. O'Gara convinced his superior, Mr. Robert B ~11, that at a minimum, the Company's real estate not conducive to the Induslrial Devet,~pment program or necessary for railroad operations should be exploited for maximum shareholder benet'it. A'commercial" development program was authorized, but with a mandate to keep capital expenditures to a minimum. Mr. O'Gara managed an active ground and building lease program for the surplus properties not required for shippers or operations. Railway theme restaurants were developed in former depots. The railroad received a guaranteed base rent and a percentage of the gross receipts. Restaurants were developed in National City, San Juan Capistrano, Oceanside, Claremont, Redlands, Berkeley, and Pasadena, CA; Amarillo, Lubbock, San Angelo, El Paso, and Brownwood, TX; Raton, and Santa Fo, NM; and Enid, OK. Freestanding Res ~ HAY26 1998 2 were developed on the railway right of way in Pasadena, Santa Fe, Alamogordo, Denton, El Paso, and Lubbock. Land was leased for shopping Centers in Barstow, 6hanute, KS, El Paso, Newport Beach, Oakland, Richmond, Peoria, Houston, Lubbock, Fresno, and San Bernadino. 141 acres on San Francisco Bay was leased to Golden Gate Fields Company for horse racing. Mr. O'Gara was transferred to Los Angeles in 1977 as Manager - Real Estate to build a new western regional office complex for the Railway. He sold the Railway's west coast regional office located at 6th and Main in downtown Los Angeles and bought the former Fluor Corporation property in Commerce, CA. Three buildings, totaling 212,000 square feet, were developed. All permitting, space planning, construction budgeting and scheduling was handled by Mr. O'Gara. Mr. O'Gara also represented the Company's 90% ownership in a joint venture with Grubb & Ellis (who was the managing general partner) in the development of 176 apartments, a restaurant, office building and marina at Jack London Square in Oakland, CA. called Portobello. The P¢~obello project was sold in 1978. In 1980, Mr. O'Gara was transferred to Chicago and promoted to Assistant to the President of Santa Fe Industries, the Parent Corporation of the Santa Fe Railway. He reported directly to Mr. John J. Schmidt, the then president and CEO. Mr. O'Gara was responsible for a $35 million renovation of the 337,000 square foot corporate headquarters located at 224 S. Michigan Ave in Chicago, Illinois. Again, all permitting, scheduling, budgeting, coordination of design and construction was handled by Mr. O'Gara. Among his other duties, Mr. O'Gara also negotiated the disposition to Amtrak of railroad yards in Chicago, Ft. Worth, and Los Angeles. Branch line sales were also handled by Mr. O'Gara. Sometimes the lines could be sold as a corridor for recreation or transit use and sometimes the land was simply sold off in piecemeal fashion to developers, speculators, or adjacent property owners. Park del Ax'no was built in phases o',;er the next 4 years and was the source of substantial profits for Santa Fe. Oil production continued from the field but was The purchaser of these properties c,'ten would combine the former railroad properties with others, perhaps simply rezone ;~nd subdivide them, creating substantial value. Mr. O'Gara felt strongly that the Railway should get into the development business and convinced Mr. Schmidt to allow Mr. O'Gara to experiment with joint ventures as a means of participating in real estate development. Mr. O'Gara negotiated a joint venture with three individuals (Ray Watt, Schurl Curci, and Guilford Glazer) to develop Park del Arno, a 300-acre oilfield owned by Santa Fe Energy Company. This time Santa Fe was a co-managing general partner in the venture and Mr. O'Gara was personally responsible for the pre-development entitlement activities. The project was approved for 800 units of housing and 900,000 square feet of commercial office space. AG £ NDA~,~'EI, NOo~ HAY26 .o./5' 3 restricted to several landscaped drilling islands in the middle o[ this new residential area. A substantial portion of the property was classified as wetlands by Corps of Engineers, but a complex series of transfers of density negotiated by Mr. O'Gara resulted in a profitable development in spite of considerable citizen opposition. Mr. O'Gara also negotiated a similar joint venture with Watt Industries for 500 acres of the Railway's so-called 'industrial lands" in Chula Vista, CA which resulted in a $17 million dollar profit over a 3-year time period. It was the success of these 2 ventures that convinced Mr. Schmidt, the now chairman of Santa Fe Industries to form a real estate development Company to actively develop the Company's surplus real estate. The Railroad's Industrial Development Program was stopped. In 1982, Mr. O'Gara was named Assistant Vice President of Santa Fe Land Improvement Company, the new Development Company. Mr. O'Gara went on to develop industrial buildings on the Company's former industrial lands. During 1982, Mr. O'Gara developed 237,814 square feet of warehouse space at Santa Fe Springs, CA; 61,415 square feet of warehouse space in Anaheim, CA; and 134,721 square feet of' retail space in Orange, CA for Santa Fe's own account. In 1983, Santa Fe Industries merged with Southern Pacific Company. Although the railroad merger was subsequently denied by the Interstate Commerce Commission, the realty operations were merged and a new development company was created called Santa Fe Pacific Realty Corporation capitalized with the former "industrial' land of Santa Fe and the 'industrial' land o~' the Southern Pacific. (SP had a similar marketing program for railroad shippers.) Mr. O'Gara was named Vice President of Special Real Estate projects for the combined companies and was in charge of all the Company's complex urban real estate projects. Mr. O'Gara personally negotiated a 25 year development agreement with the City of San Diego in 1983 vesting the Com~:any's right to build 4.2 million square feet of mixed use gross building area including p~rking for 6000 cars on the Company's 16.2 acres in downtown San Diego. The agreement is unusual in that it allows the property owner to allocate the building mass in any configuration with few restrictions. This allows great flexibility to the developer in implementation. Besides environmental review and approval, the project was approved by the California Coastal Commission. In 1984, Mr. O'Gara supervised a 50-50 joint venture with the Equitable Life Company to build a 350,000 square foot spec high rise office building in downtown San Francisco (201 Mission Street). SFPR was the construction manager far the joint venture (for a fee). Equitable was the leasing agent. The building was leased to GTE and the Xerox Corporation. Mr. O'Gara sold the Company's 50% interest in 1992. AGENDA No._/(~. ' MAY26 998 4 In 1985, Mr. O'Gara permitted, developed and constructed for SFPR's own account a spec 414,000 square foot office campus in San Jose, CA (at the intersection of First and Trimble) using $50 million of equity. Within 6 months of completion, MCi leased the entire complex for a 15-year term at a rent sufficient to receive a $54 million loan draw on the permanent financing. In 1986, Mr. O'Gara negotiated a 50-50 joint venture with Embassy Suites for a 337- room hotel on the Company's property in downtown San Diego. The SFPR land was sold to the joint venture for fair market value and Mr. O'Gara coordinated the construction of the building for a fee as construction manager. SFPR also received a fee for obtaining the development entitlements. Embassy Suites operates the hotel for an annual fee. The most ambitious project planned and entitled by Mr. O'Gara is the 313-acre Mission Bay project in San Francisco, CA. In 1983, then Mayor Diane Feinstein had begun eminent domain proceedings to acquire the property from the Southern Pacific Railroad. With the creation of SFPR as a result of the merger of Santa Fe and Southern Pacific real estate companies, Mr. O'Gara was placed in charge of the project. Mr. O'Gara met many times with Mayor Feinstein and neighborhood groups and negotiated a settlement to the dispute with SP. An agreement in principle was signed in 1984 by Mr. O'Gara and Mayor Feinstein calling for the development of 8700 multi-family units, 4.8 million square feet of office space, 900,000 square feet of service, and light industrial space, a 300 room hotel and 730,000 square feet of retail space. In 1991, after an extensive environmental and citizen review process, as well as a public referendum, a 20-year development agreement was signed, vesting the rights to develop the project. in 1986, Mr. O'Gara was also placed in charge of SFPR's new market penetration strategy. At that time, SFPR was generating substantial sales of property as it attempted to rid itself of excess land. By converting these dispositions to Section 1031 (tax-deferred exchanges) and using funds generated from sales of properties under a negoiiated threat of condemnation, Mr. O'Gara was able to acquire a portfolio of 5 shopping centers, 4 office buildings and 1.2 million square feet of industrial buildings already fully leased in strategic markots, while deferring $40 million in federal and state taxes. Another example of new market penetration by Mr. O'Gara is in the assemblage of land in downtown Los Angeles. In early 1989, Mr. O'Gara worked out a complex series of trades with the Union Pacific and Southern Pacific Railroads to acquire the interests of those companies in the 54 acres of the Los Angeles Union Station. (The SP had been divested pursuant to a 1985 ICC order disapproving the merger of the 2 railroads.) Mr. O'Gara felt this was a prime location for office development because of its transit advantages. To date, one 600,000 square foot office building has been complet¢,d fnr the Metropolitan Transit Authority and a 550,000 building is under design for th AGEND~ NO o,__~,-~. MAY28 1998 5 Metropolitan Water District. Mr. O'Gara did not develop these buildings, but the land assembly was entirely negotiated by him. By the end of the 1980's, Santa Fe Pacific Realty was generating substantial cash flow from property sales and rental income, so much so that the Board of Directors felt that Wall street did not properly reflect the value of the real estate company in the stock price of Santa Fe Pacific Corporation. Real estate is a cash flow business and the railroad and oil company are earnings per share businesses. If the 3 companies were split, it was felt that there would be a higher total value for the shareholder. In December of 1989, Santa Fe Pacific Corporation sold a 20% interest in Santa Fe Pacific Realty for $400 million to the California Public Employees Retirement System, thereby valuing SFPR at $2 Billion. In early 1990, the remaining shares of SFPR were dividended to the existing stockholders of SFP. As the time of the dividend, SFPR changed its name to Catellus Development Corporation, whose stock is traded on the NYSE. Mr. O'Gara was named as the Senior Vice President -Development. As mentioned before, by 1990, Mr. O'Gara completed the entitlement process for the Mission Bay project in San Francisco. A photograph showing the location of the Mission Bay property is attached as Exhibit A along with a copy of the approved plan superimposed on the photo (Exhibit A-1 ). Also in 1990, Mr. O'Gara negotiated a 50-50 joint venture with JMB Realty to develop 387 apartments in downtown San Diego. A photo showing the project site is attached as Exhibit B with a rendering of the apartment complex attached as exhibit B-1. The project is all completed and is running at approximately 97% occupancy today. Note: As information, the Exhibit B photo also shows the completed Embassy Suites hotel adjacent to the apartment site. The site of the mixed-use project with vested rights for the 4.2 million square feet is shown outlined in yellow. In 1989-1992, Mr. O'Gara developed and built for Catellus' sole account, a 375,000 square foot spec warehouse projec', in Fremont, CA; a 105,000 square foot spec warehouse in Union City, CA; a 116.747 square foot build to suit project for SAAB in Union City, CA; a 131,328 square foot spec warehouse in Livermore, CA; a 275,904 multi tenant spec building in Union City, CA; a 168,822 square foot R&D building in Livermore, CA; and a 220,172 square foot build to suit warehouse in Union City, CA. In 1990, Mr. O'Gara negotiated a 50-50 joint venture with the Kaufman and Broad Company for development of the Company's 404 acres in Stockton, CA for a single- family home subdivision. In early 1992, Mr. O'Gara completed all the predevelopment planning, environmental impact review and land entitlement for the Company's Pacific Greens project and signed a development agreement vesting the Company's rights to build 1400 sin e AGENDA[TEl, No. /,O ,//'. HAY26 199t 6 family homes, an 18 hole Tom Kite designed golf course, 340,000 square feet of retail space, a 100 room hotel, and 2,000,000 square feet of R&D space. A photograph showing the Pacific Greens site is attached as Exhibit C with a copy of the approved plan superimposed on the photo (Exhibit C-1). In 1991, Mr. O'Gara also obtained City Council environmental review and approval for the Company's Albany by the Bay project in Albany, CA. The project was placed on hold due to the decline in the California Office market. The plan called for 1,436,030 square feet of office space; 67,100 square feet cf retail, 679,300 square feet of hotel, 553,450 square feet of housing and 36,500 square feet of public facilities on 51.13 acres on San Francisco Bay, currently the site of Golden Gate Fields racetrack. Photos of the model for the site are attached as Exhibit D. In late 1992, Mr. O'Gara also obtained all predevelopment entitlements, environmental review, citizen approval, and construction permits for the development of the East Baybridge Shopping Center, a 480,000 square foot power retail center in Emeryville and Oakland, CA. The project was 94% leased to the following tenants before construction began. Tenant Square footaqe leased Home Depot 135,000 Comp/USA 24,000 Sportmart 42,000 Safeway 58,000 Taco Bell Express 5,000 K Mart 114,0O0 Office Max 24,000 Starbucks 2,000 Toys R Us 46,000 Borders Books 24,000 Misc Shops (spec) 6,000.. 480,000 The shopping center opened in lat(. 1994. A copy of a site map is attached as Exhibit E. By late 1992, new development in California was drying up due to the severe credit crunch. The financing put in place when Catellus was formed was coming due in 1993. The Board of Directors determined that Catellus should attempt to become as liquid as possible and focus on fee income generation instead of new development deals. Besides finishing up certain development projects, in 1992 Mr. O'Gara was given responsibility for all sales including brokerage and 3rd party property management. Catellus has a subsidiary, Catellus Management Corporation that does 3rd pa[t management and sales. Mr. O'Gara supervised the 40 employees of CMC. Fee AGENDA Of No.~ HAY 26 1998 7 $4.2 million, $4.8 million and $5.7 million were earned in 1994, 1993, and 1992 by this brokerage company. Mr. O'Gara also supervised an additional 13 employees in the sales department of Catellus Development Corporation. Sales of Catellus lands in the amounts of $54 million, $73 million, and $84 million were achieved in 1994, 1993, and 1992. Mr. O'Gara has also demonstrated a unique ability to achieve interim revenues from lands not under active development. Interim uses developed by Mr. O'Gara include windfarms; driving ranges; landfills; ostrich ranches; and oyster farms. Catellus also owns approximately 850,000 acres of former railroad land grant in a checkerboard ownership throughout the Mojave Desert in Southern California. Mr. O'Gara was given responsibility for all government relations in Washington, D.C. relating to this property. Because of his relationship with now Senator Diane Feinstein he worked closely with her in formulating and passing the California Desert Protection Act. The Act calls for acquisition by the Federal Government of 355,000 acres of the Catellus land grant. The Act passed in 1994 and was signed into law by President Clinton. In late 1993, the Department of the Interior appraised the Catellus lands to be acquired at a value of $160 million. The Act contains special provisions authorizing the Secretary of the Interior to structure trades of surplus federal properties within the State of California for the Catellus properties slated for acquisition. In late 1994, the Board of Directors of Catellus Development Corporation decided to shift its focus from asset sales to asset development and went through a major restructuring and reorganization. The Company announced that it would no longer be disposing of properties but would concentrate its energies on developing recurring revenue to bolster its stock price. Mr. O'Gara left Catellus as an active employee in January, 1995 and was a consultant for Catellus during 1995. In 1996 Mr. O'Gara joined the Barton Collier Companies, a privately held real estate, oil and agricultural company in Naoles, Florida as President and General Manager of the Real Estate Division. During hi;, time there, he developed a strategic plan for the company that de-emphasized land sales and focused the organization on creation of recurring revenue, asset enhancement and portfolio balance. In his 20 months with the Collier family, Mr. O'Gara developed a neighborhood shopping center in Bonita Springs, FL, anchored by the Winn - Dixie grocery chain. Various out - parcels were sold or ground leased to banks and/or restaurant chains. A build to suit for Fidelity Investments was developed at the corner of Vanderbilt Beach Road and US 41. A 107-acre Business Park was zoned and developed at Immokalee and Goodlette Roads. The Park, called Creekside Commerce Park, was under contract to a number of high tech users, one of which is Tyton-Hellerman Corporaticn. _~_ U~ post office, bank, gas station and local restaurant are part of the first phase AGEN,[~ ~TEH No. /M. ~' · MAY 26 1998 8 Mr. O'Gara also negotiated a joint venture for a wetlands mitigation bank with Florida Wetlandsbank, Inc. The joint venture will sell "mitigation credits" on outlying lands to other 3'~ party developers who desire to eliminate small patches of wetlands on more valuable urban properties. He also negotiated a joint venture for a "power retail" center with the Courtelis Corporation at the intersection of Immokalee Road and US 41. Long term ground leases with major tenants such as Walgreen, Inc and Longhorn Steaks were negotiated in keeping with the Company's objective of increasing recurring revenue while minimizing risk. $14 million of surplus properties were also sold to increase the liquidity of the Company. Existing office vacancies were leased in the Company's portfolio of income producing properties. Mr. O'Gara also began a systematic redeployment of assets to diversify the portfolio by product as well as geographically. The Company had too much of its investment in Florida and too much of its investment in the residential markets. The Company now has a program to divest itself of vacant residential land through Starker 1031 programs and acquire existing income - producing industrial buildings in Phoenix, AZ. No._ It). · MAY 26 tgcJ8t Roger D. Ericson 12502 Colliers Reserve Drive Naples, Florida 34110 Home Phone 941-513-O008 t' CEIVED 60ard of Count:.r C°m~fssfoners March 22, 1998 Ms. Sue lqtson Administr~ive Assis~nt Bom'd Of Cetmty Commissioners 3301 Tamiami Trail East Naples Fla. 34112 RE: COLLIER COUNTY t'NrDUS~ DEVELOPMENT AUTHORITY Dear Ms. Filso~: I am fo~'warEing me resume for consideration for appointm~t to the subj,~t authority. My businms career included seeking financing for the construcHon or purcl:a~ of facilities by the issuance of Industrial Development Bo~cts. Thus, ! am fully aware of the benefits to the community, work force a~d the business. ! would like to see Collier County obtain or retain qualified busings firms and the availability, to obtain this form ot' this form of financing is beneficial in this regard. Please accept my appreciation for the consideration of my application. Sincerely Roger D Ericson AGENDA [TEN .o. /O.K. _ MAY 26 1998 ROGER D. ERICSON 12502 Collier's Reserve Drive Naples, Florida 34110 PROFESSIONAL EXPi~W. NCE: American. Arbitration Association Panel of Arbitrators August:1994 to date Temple-Inland, Inc. January 1984-August 1994 Vice President, General Counsel and Corporate Secretary: Chief legal officeri member of Management Committee; Dir~tor of' major' subsidiary corporations; Chairman of Corporate Compliance Committee. Inland Container Corporation Indianapolis, Indiana December 19"/3-lanuary 1984 . Vice President, General Counsel and Corporate Se:retary: Chief Legal Officer..ResponsiLle for Legal Depaf'anent, Pensions and Benefit Department, Government Affairs Department, and, Real Estate Department. President of Kraft Ia. nd Se, vices, Atlanta, Georgia Real Estate Firm. Chemetron Co: potation Jane 1962-December 1~973 Assistant General Counsel: Responsible for administration of Legal Department. Brunswick Corporation Chicago, Illinois . A. tlorney in Law Department: Secured transactions; mergers and acquisifion~.. 1958-I962. *Roger E~c~n Page EDUCATION: 'STETSON UNIVERSITY COLLEGE OF LAW St. ~Petersburg, Florida LD. 1958 President, Senior Class; chief Justice, Honor' Court STETSON UNTCERS ITY DeLand, Florida . A.B. 1958 .' -Outstanding Male FreShman Omicron Detta Kappa BusineSs' Manager bf School' Newspaper UNIVERSITY OF CHICAGO Chicago, Illinois M.B.A. 1971 Class President Alumni Council RepreSentative TEMPLE - INLAND INC. A NYSE listed holding company, distributed by Time la~corporated in 1984 to its shareholders, with interests in paper, packaging, building products and financial services: $2.7 bill/on in revenues; 1.9 m/Ilion acres of timberland in Texas, Louisiana, Georgia Nd Alabama; $7.7 billion loan portfol/o. The company also owns a federally chartered constimer savings bank with 124 banking centers in Texas. ~ I participated in the organization of this corporation in 1983, ~Irafting the articles of incorporation, by-laws, initial financing, stock registration, company policies, information to new board members, and committee responsibi4.ities. ' I had overall management and supervision of the. parent company and subsidiary company legal functions (15 lawyers). Areas of personal involvement included:' All SEC filing; and requests, NYSE e0ntact person, financings (public and private), acquisitions and divestitures, antitrust, shareholder relations, news releases, mas~em~t syitem, environmental' matters, Lnsurance coverage program cor~rate.compliance progratn. Roger Ericson P~.e 3 I served counsel to the board of directors anal its comimittees. Provided legal advice, .'including: business judgment rule; indemnification matters; shareholder rights plan; stock-split; Southwest Plan for S & L's; charter and by-la~ provisions; company policies; committee reslx?nsibilities; and SEC rules, regulations and interpretations. .CONTAmlm cORPORATiON ,Chief l.esal o}'ficer of a NYSE listM corporation. Created the company's first in- house legal department. EstabE:;bed. a Government Affairs Depa~ment and headed that program which included a headquar',e.rs staff~nd designated individual. in charge of government affairs at each Inland location. Other. business responsibilities included responsibility for the company's Pension and l~,nefit Department and Real Estate .l~panment. inl~d was acquired by Time Incorporated in 1978. CORPORATION Served a.s the admiMstrative head of a 4-person legal department ora NYSE listed ~, . corl~ralaon. Responsible for ali legal activities other than patents and trademarks. Supervised activities of staff attorneys'and outside counsel. Served as a director of Tech-Sym Corporatien (NYSE), I0 percent owned by the company. PR6~IONAL MEMBERSHIPS: ' American, Florida, Itl, nois, Indiana, Chicago, Collier County and Indianapolis Bar Associa%ns. . American Society of Corporate Secretaries American Forest Products As~x:iafion legal commi,'tee PERSONAL: Bom DeCeml~ 21, 1934 - Moline, Illinois Married - Two adult children (G40 DO)~xLD .&. P~C~wO~TH, P.A. AI-I'O ILW ~y AT PI~LIC,t~' BAy ]::~OUL~"v'AltD, SUIII 210 NAPLES, FLORIDA RECEIVED MAR 18 Lq B o~: County Co~fss/o~ners March 16, 1998 Sue Fil~n Collier County Courthouse, Building'T" 3301 East Tamiami Trail Naples, FL 34112-4977 Re: Collier Court .ty Industrial Development Authority; Appointments Dear Sue: A~ we di~ussed, we have two vacancies on the Industrial Development Authority. Dick Botthof, whose term expires 2/24/00, resigned when he became chairman of EDC to avoid any appearance of a conflict. Carol Girardin was appointed to fill the unexpired term of Don Berry. This term has now expired. We therefore need to appoint one person to fill a full four year term, and another to fill the unexpired term of Dick Bonhof. EDC has solicited interest fi.om its membership, and Ross Obley is willing to serve the unexpired term of Dick Borthof. Alice Carlson has agreed to serve a full four year term. EDC therefore recommends the appoinm~ent of these two individuals. A resume' of each of them is enclosed. I understand you have initiated a press release informing the public of these vacancies. At the close of the application period, please place this mat~er on the Board agenda. I will prepare, in advance of the meeting, a resolution of appointment. I will also prepare the Oath of Office, and take care of necessary filing with the Secretary of State. Ifyou have any questions, or ifI :an provide further information, please give me a call. CC: Very truly yours, Donald A. Pickworth J.R. Humphrey, Chairman, DA Susan Pareigis, Executive Secret.sD,, EDC AGENDA IT. EM No. MAY 2 6 1998 Alice J. Carlson 2730 I,e~',~ard Lane Napl~, Florida 34013 (941) 261-8469 res. (941) 435-3988 bus. (941) 435.3989 fax ~-w. aj ca.~,o c~ao!, corn Nov 199'/- Present 1995-1997 ,LIC X~sociatei, Inc. Naple~, Florida Owner of a consulting practice Slxcialiang in real es~m, bm~c~ ~ ~cial c~ulti~ '~ m ~p~sis in c~ ~clo~ent ~s~. S~nlor Vice Pr~s[den~ Tr~ssur~r and Chief Accounting ~c~r WCI Communities, ~c. ~VC~. Napl,, Florida WCI ia a l~e com~,~i~ ~vel~p~r s~ciali~ m m~r plied co~ti~ ~ ~e ~ of Fled~ ~m~ r~s~mibilifie~ ~clu~d gme~l ~t~ c~ mar~gemen[ fw~c~al pl~mg ~a~l aunt ~d m re~, md c~rd~ion ~ ~e infomation ~ckaol~ dep~t. ~ ~tion ~m res~mible for ~rd~tion all comm,z-~ development di~mct f~cL~ for wCI. ~sisted ~e C~ef F~cial Offer wi~ mvester ~nd b~l relatiom ~.d ~1 o~er f~c~g projem ~clud~ ~e E~ revolver ~,d am Io~. hi~ rile ccm~ion 1o~ md acquisition 1o~. 1978- 1995 Education professional Jffflllations 'Westinghouse Communities, Inc. Naples, Florida Held various Froffssional and mar. agement positiora lisu:d below: I~5 - 1995 Vice ~esiden~ Con,oiler, WCI Con,ties 1994 - 1994 Vice ~esidenr ~entiom, ~way Co--resides 1993 - 199a Conuoller, Special ~ojecm. WCI Comm~ities 1990- 1992 Ccn~otler. Flcn~ Wes~ Co~k Wes~o~e Co,reties of Naples. ~c. 1988. 1990 Ccnuoller, Westw~ome C~m~ities of Naples, Be. 1986 - 1988 Director of Acco~tm$ Coral ~e ~openies, ~c. 1982 - 1986 Mar~ger of .Mcomt~ WeariSome Comm~ties of Naples, ~c. 1980 - 1981 Supe~s~r, ~comt~ Dep~mk Coal Collier ~o~es, ~c. 1979- 1980 Stuff Accomnm~ Coral ~e.Collier ~o~iex, ~c. 1978 - 1979 Surf ~co~mn~ Trem~e ~e Complies 1978 Florida Atlantic Univemity Boca Raton, Florida BRA, Accounting 1976 Ocean County College Toms River, New Jersey AS, Accounting Chamlxr Member, present Economic Development Co, mc?. ~ 1~5-l~ ~ of Co~, ~F~ W~I~ ~i~ 1~-I~ lt~or ~mt B~ of ~w~ Fl~ ~ 1988-1~ Ross P. Obley Personal Birthplace 69 yeats Pemasylvania Cote, 47 years, Real E~te Brok~'-Realtor; Collier Count)' 4-H Foundation; Colller Cotmry P. epub ;lkan Executive Commlttce; Pelica.a Bay M,micipaI Servkcs Taxing Un.it P.os.s, Ir.- North Florida Baz~k Trug Officer (Tallahas~e) J~n_;m¢ -Owas aad operates art framing compaay (Tallaha~e¢) Cuni~ -Ms_~,ger ofT'fie Cc/mp~y (Colnmt~ Ohio) 802 Slashpine Court - Naples, Florltla 114108 Ha~'e re.lided ba Naples area siace 1978 md Florida sila¢¢ 1974 Ltjg US Coast Guard - Korean War Education 1951 B.S. Industrial Eagiaeerin$, Uaiver~ity of Pi~s~ur~h 1958 MBA Amcrica~ Uaiversiry, Waskla~oa, D.C. 1980 Senior Executive Course, Carnegie-MeLlon Uuiver~y Community Activities Nspl~,.Peliean Bay P,.otary, Part President and District Crovcmor's R. epres~mtatix'e American Seniors Golf Association, Pre,ideal StmTrus~ Bank, Southwest Horida, DLrector (1980-19965 International Seniors Amateur Crolf Society. Govc~or Economi~ Development Council, Past Chairman and President Industrial D~-,,elopment Authority, Execmive Secretary aad Member lq'aples Area Chamber of Commerce, Past President Cotnrmmlry Health Care, Past Trustee Naples Co_m_m_tmky Hospital, Past Tr~ :stee Florida Bar Grievsace Corimfiltee, Pa ,'t lay member Colder CotmtT CitLzea Cost Reduction & Productivity Committee, Past Chairman Forum Club Soma of the American R~,olutioa Business Experience 1996 l~ed Business Consultant 1937-1995 Economic De,,-elopm~nt Council of Co~ Co~, ~e~t 198~-1987 E.F. H'a~on, Re~eed Se~fi~ ~re~nafive 1951-19~ We~~ ~e~ Corporafio~ ~red Naples, Florida. President ofcommunky development ~bsidiaries in Col] aad Lee Cotmties (pelican Bay, Pelican l.~and~ng, ~tev,ay) .o._ fa _ HAl' 2 6 1998 .0 MAY 2~ 1998 DONALD A. PICKWORTH, P.A. 5811 Polk:an Bay Boo~"vard Suk¢ 210 Naples, FL 34108 (9,11) 591-2700 Fa:c: (941) 59~-116I FAX COVER SHEET FAX N'UMJBER TRANSMITTED TO: 774-3602 Of: From: Cliem/Matt~ Date: Sue Filson Board of Comxty Commissioners DONALD A. PICKWORTH. P.A. March 16, 1998 · I~ttcr w/Attachmmts I 4 COi~fl~i]~rTs: Origisal will follow by US Mail. NOT COUNTING COVER STREET. LF YOU DO NOT REC~"IV£ ALL PAGES, PLEASE TI~L?HOt~ U~ ~IATELY AT (941) Sgl-2700. AGEN( NO. HAY 2 6 tg98 0:)/1~/g8 lrO~ 17:4g FJ~X gilSgSllSl DONiLD ^ PICg~oR'rlI Pi ~o02 (~) ~m- March 15, 1998 Collier C~tmty Courtho~e, Buildlng"F" 3301 ~ T~ Tr~ N~I~, ~ 34112~7 ~: ~lH~ Co~ ~d~ Devclopm~t Au~od~ ~in~ D~Suc: As we discussed, we have two vacancies on thc Indtmfial Development Authority. Dick Botthot~ whose term expires 2/2ad00, rezigned when he became chairman of EDC to avoid any appearance ora conflict C~'o[ Girardin was appointed to fill the unexpir~l term of Don Berry. This term ba~ now expLred. We therefore need to appoint one person to fill a full four year term, and another to fill the unexpired term of Dick Bctthof. EDC has soLicited interest from its memberskip, and Ross Obley is willing to serve the unexpired term of Dick Bott. hot'. Alice C. arl~u has agreed to serve a full four year term. EDC therefore recommends the appoinlrnent of these two individuals. A resume' of each of them is enclosed. I un~d you have initiated a press relea.~e informing the public of these vacancies. At the close of the application period, please place this mauer on the Board agc~d~ I will prepare, in advance of the meeting, a resolution of appointment. I will also prepare the Oath of Office, and take care ofnecez,.sary filing with the Scczctary of State. Ifyou have any que.qdo~s, or ifI can provide further information, plea.se give me a call. Very tuffy yours, Donald A. Pickworth ~'.IL Humphrey, Ch~rmau, IDA Susan Pareigis, Executive Secretary, EDC Alice J. CsrL~n 2730 Leewmxl lame Naples, Florida 34013 (gal) 261-8469 res. (941) i35.3988 bus. (941) 435-3989 lax www .aj c.s.,~oc~aol - cam 19'78 - 1995 F..xlucstlo~ Professionsl illlltJtlo~ Werfln4hou~ Communities, Inc. N~plm, Florida Held ~-iou~ Vcf~-~icmal and rrana~xaz pcsitic~va listM bclovr. 1995 - 1995 Vice PreaidenL Contro[l~. WCI Commu~ties I99~ - 199~ Vice pr~ident, Op~'~tioni C-ate'My Cc~r~irie~ 1993- 199/* Conu~Ber,~jpec~l Pmject~ WCI C. on~unkie~ 1990 - 19~, Ccr~oller. Florid~ We~ Coaar, Westiz~hcru~ Comrmmitic~ of Nal:lcs. Inc. 1988 - IZ'~ Controller, We~ti,~ouse Com~nurdtie: ofN~le~ Ir~;. 1986- 1988 DL-ect~r of A;¢cr~nrh~g, Caf'al Ridge Prc~eniea, Inc. 1982 - 1986 .Mtv~ger of Ac, ccu~'~g, We~fia~u~e Cc,_~qruaifies of N~ple~, Ir~. 1960- 1981 Su]~¢rvbor, Agco~ntmg D .ep=~m~t, Comi Ridge- Staff Aczoumank Corzl Rid.~-Cotlier properties, ~c. 1979- 1980 1978 - 19'79 1978 Florida Atlantic Urflversity Boc~ Ratar~ Florida BBI, Accounting 1976 Ocean County College To~ Rixcr, New Jcr~y AS, iexountl,,g ~ber ~a~. prat L~P ~ ~ ~~ ~b~ of C~e, AGENDA ITEM No. tO .,,at- MAY 2 6 ,998 Ross B. Obley Per.-il 69 years Cora, 47 years, Real F_~e Broktr-R~altor, Coil;ar Cou~, 4-H Fotmdatioa; Collie: Couaty 1Lepublicaa Executive Co~; Pelie~ ttay Muaicipa/ Strvic~ Ta.xiag U~ Ro~ Jr.- North Florida Bank Tm~ Officm' (Tallala~e) SanMc -Ow~s ~d opera:es trt framing coa~a~ (T~hhass~) Curtis-/emuler ofT'do ¢omp~n~ (Co~ Olio) 802 81a~pi:xe Cou~t - lqtple$, l:loxida :34108 H~'c rclidcd i'a N~plca area ~ 1978 ~d Flofich aincc 1974 l. gg US Co~/hard - Korean w~r Educadou 19~S MBA American Unlvcr~iry. Wa.~kln~on. D.C. 1980 $~r ~~ C~, ~~M~ ~v~. Co~~ N~P~ Bay ~t~, Pa~ ~c~t ~d ~ ~~s ~re~e l~~l ~1o~ ~,~ ~ci~. ~v~or So~ ~ · Rmlness Experience 1996 Retired Bt~i:aess Consak~t 1987-1995 Eco~om~ D~~t C~ml of~ ~, ~~ 1951-19~ W~~ ~ Co~on0~ ~d N'aple,, Florida. aad Lee Counties ('Pelic~ Bay, Pclie. aa Land/ag, l~e~dent of community developmem mbsld, hri~ ia Co ' DONALD ^ PICKWO~ PA ~005 No: I~/. - HAY26 1998 po. ~ l~l~d~l~I~: To appoint 1 member to fulfill the remainder of a vacant term, expiring on December 31, 1999, on the Citizens Adviso:-y Task Force. CONSIDERATIONS: This 5 metal',er committee ol:0,ains community input and direction on proposed target areas (~e geograpl'fic area desi~ated for rehabilitation through funding from the Small Cities Community Development Block Grant Program from the State of Florida, Department of Community Affairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final completion ofthe grant program. Terms are 2 years. A list of the current membership is included in the backup. A press release was issued and resumes were received from the following 2 interested citizens: APPLICANT .CATEGORY DJST ,ELECTQR ADV. COMM. David L. Chilcote, II Community At Large 4 yes Jaine Carter Community At Large 2 yes none COMMITTEE RECOMMENDATION: David L. Chilcote, II FISCAL IMPACT: NONE GRO ,WTH MANAGEMENT IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 1 member to fulfill the remainder of the vacant term, expiring on December 31, 1999 on the Citizens Advisory Task Force, and direct the County Attorney to prepare a resolutit,a confirming the appointment. Prepared By: Sue Filson, Administrative Assistant Board of County Commissioners Agenda Date: May 26, 1998 No. I' .r~. MAY26 1998 M. erno Sue Filson, Administrative Assistant, BCC Don Blalock, Manager, HUI May 13, 1998 Citizens Advisory Task Force vacancies A summary of the two (2) applicant's resumes was sent to the members of the Citizens Advisory Task Force for their review and recommendation for appointments to the committee. A quorum of three committee members were present at the May 5, 1998 meeting which unanimously voted to recommend the following candidate: David L. Chilcote II, ACSW, LSCW 795 Myrtle Terrace Naples, Florida 34103-2820 It is important to note that both candidates had exceptional resumes which made it very hard to chose between them. However, the committee felt that the Citizen's Advisory Task Force could benefit from Mr. Chilcote's affiliation with Naples Community Hospital. Please prepare an Executive Summary for the Board's consideration of the recommendation. Let me know if anything further is needed from this office to initiate the process. Don Blalock ® Page 1 t~o._ IL;. · HAY 26 1998 pg. ~ >, 0 ,0. !'c, o. HAY 2 $1998 , I:'~o ~,~ Citizens Advisory Task Force Keith Puffer 5483 25th Place, S.W. Naples, FL 34116 Di.m'~: 3 Category: Business Leader [Fork Phone A£pt'd Home Phone DaleRe-appt 02/18/97 353-7992 F_.xp. Date Term 2ndExpDate 2nd Term 1 2/31/98 2 Years Vivian D. Lager 257 Colonafle Circle Naples, FL 34103 District: 4 Category: Minority 261-g541 01/10/95 12/31/96 2 Years 2/18/97 12/31/98 2 Years Darlene Koontz 4625 Chippendale Drive Naples, FL 34112 District: l Category: Social Science 774-5912 02/10/98 12/31/99 2 Years Vanessa Fitz 2460 14th Street, North Naples, FL 34103 D/stria: 4 Category: Community At Large 02/13/96 261-0275 2/10/98 12/31/97 2 Years 12/31/99 2 Years vacant 02/13/96 12/31/97 Naples. FL District: Category: strsday, May 14, 1998 Page ! of 2 HAY 26 1998 Citizens Advisory Task Force IVame Work Phone Appt'd Exp. Date Term Home Phone DateRe-appt 2ndExpDate 2nd Term This 5 member commJtlee was created on Ju~y 24, 1990, by Ordinance 90-60 to obtain community input and direction on proposed target areas (the. g~.~jraphic area designated for rehabil'ffa'fion through funding from the Small Cities Community Development Block Grant program from the State of Florida, Department of Community AfPairs.) They direct, oversee and approve grant applications; monitor the progress of the grant administration and evaluate the final core--of the grant program. Terms are 2 years. jr./, ~7'A/': 290.046 .Staff.. Greg Miharic, HUI Director. 403-2330 ]~EMORANDUNI 2 RF-.CF_.IV D DATE: April 7, 1998 TO: Vinell Hills, Elections Office /9] ":ar-. a." ' FROM: Sue Filaon, Administrative Assistan ' ' ~er.~ Board of County Commissioners Voter Regisn'ation - Advisory Board Appointmer~ts The Board of County Commissioners will soon con.sider the following individuals for ,,ppointment to one of the county's advisory committees. Please let me know if those listed below m'e registered voters in Collier County.. Also, please list the commission district in which each applicant resides. CITIZENS ADVISORY TASK FORCE COMMISSION DISTRICT David L. Chilcote, II 795 Myrtle Terrace Naples, FL 34103 Jaine Caner 720 Turkey Oak Lane Naples, FL 34108 Thank you for your help. MAY 2 6 MEMORASPU~ DATE: TO: FROM: April 7, 1998 Greg Mihalic, HUI Director S~ Filson, Administrative Assi~ Boa.rd of County Commissioners' "~ ~ Citizens Advisory Task Force As you know, we currently have vacancies on the above-referenced advisory committee. A press re!ease 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: David L. Chilcote, II 795 Myrtle Terrace Naples, FL 34103 Saine Carter 720 Turkey Oak Lane Naples, FL 34108 Please let me know, in writing, the recommendation for appointment of the advisory committee within the 41 day time-frame, and I will prepare an executive smnmary tbr 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 AGENDA ~*EH MAY 2 6 1998 COMMUNITY' HOMI~ SERVICF, S, INC. FAC~IMIEE · ]~lmi~ Floride 341022 'T~(941)263.7113 AGENDA XXEM HAY 2 6 ~998 Mood~, ~ 23, 1~98 RECEIVED Ms. Su~ Fils~, ~ ~_. Bom'd of County Commi~io~rs 3301 T~ Trat'] Ea~ Na~loa, Ff.. 34112 HAR 2 3 Board or' ¢oun~:~ Commissioners s~qx:hildrm livin~ v4t~ me a.~c[ my wL6: ~ Myrtic Tc-rra~. kl~h~d~M~l~d~g~, lam~t~inN~ples. Ir~locatodtoNa~l~sinSuJy, 1997, mav-h~ frcxn Azxler,~ tudia~ ~ I ~ r~id~d ~ 1976. In I,v~-,~. I ha~ bu~ a v~y ~ priva~ practic~ in psy~-ra~.. A~y, I worl~l ~s · c'hnic~ social ~ - Mayor's Commission on l:)orn~c Viol___~__- Cl~drman - G-ov~rnor's ~rion on Drug Abuse for A,'xierson Sccr~usy and ~ of ClinicaJ Ca;o Su~- Wcrm~'s AJtn'~v~s AdditiouaUy, I have bccu succcs~fi~ m op~.~.~ Fed=raj az,d Couu:y-fi,~ ~ ~rvic= proem, mcludi=8 h.igtdy su_,-c~sfial drug priori pro~ fur adolc~:x:uts azxi oth=- block Thaak you for your considerafioo to ~c rr.crabcrship of tl~ Cifizma Advisory Task Force. I wilJ provide zny t~mmc~ you ro~th'c upon i~-:rvi~.. ~~~-~W , LCSW AGEN ' Nc) o~ HAl' 2 6 DAVID LAWRENCE CHH.COTE a, A.C.S.W., L.C.S.W. I'ROFESSIONAL RF~.~ 795 MTrtle Tcrvac~ Napltn, Florida 3410:1-2820 Ht3me: (941)649.1311 O~ct: (~1l)~03.6405 Be~:x:r: (~1)870-3791 Erm,:l. chxlco~pk::mc',.com ~ ~elt'.mo~ivatz:d Icad. tx w~th ~',zm y~r$ of l:n'ogr~ivcly r~.s~blc ~x-ri~ ir hm/~ mci hr=an lq'mt ln=ar~ cxl~riar_~ ia human urvice a&'v. mi~oa * ~ ~ ~ J~y I a. I ~? m ~t- ~,~W H~ ~ ~.. ~ ~ of N~I~ ~ H~ H~ PERFOR,M~;CE IM~ROVE,M~Eh"I' ASSOCIATE 1990 to 1997. 'C.c~a~ Ho~pit&l 01'~ and ~ County, Iht: A lmv.~, ncm-~rofit acute care Itx:~ital ~,crviz& ~ md stzr'a:am~ng cotratm'~ i~, A.nck:r',~ lndim'~ .ct.~__ c~ soct,u, wopa< P~c'~ora~N~tST c'm~r .xl~ OrFICE~. _cp. ls~'m'w c~I'xR AGENDA IJEM Nc) o ..~ HAY 2 6 1998 DAVID LAWRENCE CHILCOTE~ CL~rtcA~. soc~,L wgRx PS'YC~OT~RAPLST · l~_.~'..in~! a ~I:~,~tial ~tpatient c.,~loacl ~ both Muncic md 1986 to 19°A3 - Ccater for IVamtal Hetl'.% In: A privzte t~x~profit Ccnzzprc.her. sive Commtufity Meatal Health Center serviag ~ Coumy reaideat~ ~ A.DDICT]ONS STRATEGIC Bg~[NZSS UNIT 1983 to 1986 - Potter Starke Services, Mc nog-profit C~ch~vc C~'~' N~I H~ C~m' SL<~y r~ a ~v~ ~ and ~~ ~m~Wo~b~i,~, Umv~b ~lis,~ 1983 ~ m ~ Co~ / P~oioi.y, ~n~ ~Uege, ~ ~ 1979 AGENDA HAY 2 6 1998 // _1 DAVID LAW'R.EN~ ~~ Ava~able upou in~u'vie,,v m AGENDA .I~M ~o., /0 MAY ,2 6 1998 C&C CARTER & CARTER ENTERPRISES, INC. Apr£1 3, 1998 REcEiVED 6oaro of County Con~nissioners Sue F£1son Collier County Commission · '&FAXt 774-3602 (5 pages - f0ur'v£t~'pages) The Citizens A~visory Task Force Please consider ~e for the above task force. I'm a member of the WPC and a resident of Collier County for the last 18 years. Please note, that you have received two separate vitae. One from my partner Dr. James Carter (applying for the Collie~ County Industrial Development Authority) and one from me. Sometimes, people get confused because our names are so sLmllar. Thanks. Sincerely, /Z~hief Op~ratl~ AGENI qA [T~ {WAY 2 6 1998 CARTER a; CARTER ENTERPRISES, INC. J~Lne Carter, Ph.D. President Carter & Caxt~r Enterprt,es, Ino. 720 Turkey Oak La. ne N-ple~, Florida 83963 (8OO) 566-61~,5 PROFF~tIIONAL EDUCATION: Noethw~rn University - B.S. - Speech \ Psychology Waldea U~versity - M.S.LPh. D. - Social Change and Human Services Varlo~ Management Development Courts: Peter Drucksr Effective Executive Series 13MI Managerial Grid (Blake and Mouton: Trained Instructor) C}ellerman - Motivation and Productivity 8erie, American Management As~x;iation: Special Conference Leadership Training (3 weeks) A~essment Center Chairman Tratnln~ a~d Validetlon Sts_ndards of Performance and Appraisal Leadership Trainir~ Prindples of Proi'essionai Salesmanship · Leadership Training EXCEL- Management Skills For Non. Supervisory Employees- Leadership Training Supervisory Mana6ement - Course I - Leadership Training Supervisory Man~m~nt - Cour~ II · L~adersh{p Tr~inin~ Transactional Aha/yale . 101 and Marathon Performax In.trument Certification - Phases I, II, III SPECIAL CP~.nF, NTIALS: . Woman of the Year 1991: American Bio~'aphical In~titu/e . Trained Instructor of the Blake and Mouton Managerial Grid Team Development · Yal/da~d AMA A~e~ment Center Cht~irperaon . Validated McO~nnel-Simmons Azee.,ment Center Chairperson · T~hlng Member of th~ International Transactional Analysis A.sociation Also the de,liner, developer-on-careers-host and content expert for 17 n&tional video conferences. Continuing to produce, design and present ongoing business television com'~r~nces, in add/tion to the ~ndicated televisioa ~egmenta titled, "YOUR OWN BU$INESSP and a radio tek show by the same name. No. / V r_:~ HAY 26 1998 Jains Clrter, Ph.D, P,,e _~_. ~ Pa~e 2 PRO~SlONAL ]~PERIENCE: 1970 - Pre~ent: 1991- Print: Preddent · Ca~,er & Caxter Enterprise, Inc, - A human resources development firm. (Formerly Personnel Development, Inc.) Pre~ldent & Founder · F_~rnily Rfenewal InstituteTM In that c~acity, designs, devslops ~nd coordinates the implementation of public and private la-company ~ml,~ara and conferences for such orlfanizationa as: · ~ Forest College's Advance Mansgement Institute , Amerka~ Man,merit A~aociation · Advan~ Management Research . America Center for Management Development . C~r~l'rack , U~ty of Miami · The Preddent Association · Cirll Service. Comml~ion · Federai Aviation Administration · ~ Management Center · IBM · Dow Corning , McDonald · Burger Kin~ · Blus Cro~a A~odati~n , Monsanto 1968- 1970: Training Man.er - An International Organization. Chic~o, Illinois. Reapons~le for the coordination, research, implementation of skills traJming pro.ams ~min.~.rs-.-as well aa Train the Trainer courses. development, production and and meu:mgement development Prosrama included: · I.,~son Outlines and Leader's Guides · Employee Handbooks , Visual aid production, including filmstrip and video tape , Te~ and Validation instruments Also coordinated and implamented: · General Managers Conference · Top level Executive Man~ement Pro.am · Several Managerial Grid Team Development Sessions · Wrote, de.igned and coordinated the production of several employee HAY 2 6 1998 Jsh~ C~rter, Ph.D. GENERAL pUBLICATIONS: For~ lep~f~ tr~lntn~ programs, in~u~ outlins~, pro~ ~n~nt, ~ader'~ O~de Wor~ISha Wor~ - S~s~ Str~t~gie~ ~o~ Wor~a~ Co~es. ~~M, 1995) O~ of Yo~ Ow~ Wa~ - ~d Get th~ job You W~t. CM~: pe~nn~l ~el~msn~ Inc., 1977. ~ 1987. M~~t ~r ~ ~[e~donal. ~lor~o: C~~, 19~. $~s~y WorM~ ~:h F~ple. S~o~ ~o~: ~e~ ~ter for M~ent ~,I~msnt, 19~. ~~ T~ng ~o~ S~i~ors. S~~ Eo~ ~e~ Cen~r for the ~. ~o, I~inois: ~a~b~ InactionS, 1970. ~ADIO AND TELEVISION'. · Chow - Television Series · Your' Oum B~in~s/. Television and Radio Series · Bu~tr~ Briefs. Radio 8~rtes MUL~-~~ PROGRAMS: · Ca~settsAVorkbook pro,am: Ma~c~/n~ the Dun~ C~reer Relationship. ~1o~: C~r & C~sr Ente~fises, Inc., 19~. , Vid~ ~o~m: It'~ Negog~Ie. Eofi~: Omar & C~er Ententes, Inc., 19~. , Tele~sion Series: Semi~s by Satellite. New York: ~ by 5a~i~, 19~, 1987, 19~. Produ~ 12 ~d~o ~Meren~s / on ~era host ~d ~n~nt ~pert. , Tel~gon Sedea: S~ce~iy Wor~iat ~ih People. Nation: Ex~tive ~u~tions, Inc., 1989. Product ~d on ~mera hosi ~d wn~nt ~. , Tele~sion 8eries: Oetdmg Peot~ To Com~ii To ~. National T~hnolo~ I~titu~, 1989. Pr~u~r, moderator, ~d on ~era ~ntent ~. A~TICLES: · Budneu Bulletins - Weekly Column, Naples DEIy New= · ~ow W M~a ~eement.' ~o~: Management Solu~ona. New York: ~~M, 19~. . '~ B~out of ~ement.' Flod~: Oulf~hor~ ~fe Mag~ne, 1982. , ~ng N~ of Women M~er~." ~ican ~uHve. T~:~ U~er~, ~9~. ~o.. . - HAY26 1998 ~ah~e Carter, Ph.D. R~ume, Pag~ 3 · 'Tr~-~.~ TechnJque~ that Bring About Po,itive Beha~oral Ch~,s." A~e~rtiv~ M~w~gemeat. New York: AMR International, Inc., 1.973. · "How to Manage the 8uperw~m~ Complex." Todny'~ Ezecut/ve. CMca~, 1970. · Weekly Column for Cliicago', Down~wn Newe: Newrpaper ~PECIAL AWARDS~ · L/st~ in Who's Who in the World , L/ged in Who% Who in America · L/ged in World's Who'l V~no of Women · Limted in Who'l Who in 8oclety * Woman of the Year 1991: American Biograph/cal Institute · Woman of the Decade 1992: American Biographical ]nstitut~ ~MBERSHIPS: l~gular Member - International Trmasactional Analysis As~ciation Na~/oma~ Sp~akere Assodation American ~)cie~y of' Trmining and Developmen~ Screen Actors Guild American Federation of Television and l~dio Artist~ For Further Information: 1.800.566.6155 1998 Q.I~[~i~: To appoint 2 members to fulfill the remainder of vacant terms, expiring on ~ber 31, 1998, on the Parks and Recreation Advisory Board. CONSIDERATIONS: This committee was established on November 25, 1975 and later eomeu"med by Ordinance No. 93-81. Representation on this board consists of 1 member from the Immokalee Community Park District, 1 member from the Marco Island Community Park District, nd $ members from the Naples and Urban Area Community Park District. Th.is 7 member board advises the Board of County Commissioners on matters perta/ning to the acquisition, development and programs involving the County's park facilities. Terms are 4 years. A list of the current membership is included in the backup. The vacancies are 1 representing the Immokalee Area and 1 representing the Urban Area. A press release was issued and resumes were received from the following 4 interested citizens: APPLICANT _CATEGORY DIST ELECTOR ADV. COMM. garin E. English Urban Area ~d Ole~ky Immokalee Area .hme V. O~trowski Urban Area S~"~d~ Buxton(Withdrew) Urban Area yes yes Black Affairs Advisory Board Lake Tr~fford Task Force P, orl¢ Hisp~ic Affaks Advisory Board COMMITTEE REC, OMMEB'DA'I'ION: Edward Otesky - Immol<alee Area The remainder of the applicants were ranked as follows: !. Sandra Buxton - Withdrew 2. Korin English 3. Jane V. Ostrowski FISCAL IMPACT: NONE GROWTH ]~[ANAGEME._N'T IMPACT: NONE RECOMMENDATION: That the Board of County Commissioners consider the recommendation for appointment and appoint 2 members to fulfill the remainder of the vacant terms, expiring on December 31, 1998, and direct the County Attorney to prepare a resolution confirming the appointments. Prepared By: Agenda Date: Sue Filson, Administrative Assistant Board of County Comm:ssioners May 26, 1998 AGENDA No. lC). To: Sue Filson, Administrative Secretary Board of Co~mty Commission From: Murdo Smith, Recreation Manager Parks and Recreation Date: April 23, 1998 Re: Parks and Recreation Advisory Board Selections At their regular meeting on April 22, 1998, the Parks and Recreation Advisory Board interviewed applicants for two vacant positions and ranked them accordingly: ]~9kalee Area: Mr. Edward Olesky was ranked #1 for the Immokalee area. Naples Urban Area: Ms. Sandra Bu.xton ranked #1 with 3 first place votes and I second. Ms. Korin English ranked #2 with I first place vote and 3 seconds. Ms Jane Ostrowski raa~ked #3 with 4 3r~ place votes. Ms Ostrowski did not attend the meeting. The Department was infom~ed on 4-23-9g by Ms. Buxton that she wishes to withdraw her name from consideration. If you have any questions or if I can be of further assistance, please advise. HAY26 1998 Parks and Recreation Advisory Board John Crrice 326 Charlemagne Boulevard, I204 Naples, FL 34112 District: 1 Category: Urban Work Phone Appt'd Exp. Date Home Phone DateRe-appt 2ndExpDate 12/16/97 12/31/01 774-5517 Billie Cheney P.O. Box 5021 lmmokalee, FL 34143 1' \'~ District: 5 Category: Imm. ok. alee 657-1231 03/18/97 12/31/98 Joseph D. Zaks 4841 Shearwater Lane Naples, FL 34119 District: 5 Category: Urban 2nd Term Daphne Bercher 3800 Estero Bay Lane Naples, FL 34 f 12 District: 1 Cntegory: Urban 4 Years Gil C. Mueller 541 Biackmore Court Marco Island. FL 34145 District: 1 Category: Marco Island 2 Years Timothy M. Blackford 276 Madison Drive Naple;, FL 34110 District: 2 Category: Urban , ElaineM. Wicks f"(5~r~'z'l,~7'zi~ 1400 Pompei Lane. Unit #33 Naples, FL 34103 Category: Urban 263-8898 03/23/93 12/31/94 2 Years 592-5140 1/14/95 12/31/98 4 Years 2614909 08/26/97 12/31/99 2 Years 774-3181 4 Years 02/15/94 12/31/95 2 Years 394-9a44 11/14/95 12/31/99 4 Years 261..a445 01/07/92 12/31/93 2 Years 565-9121 12/16,'97 12/31/01 4 Years 43a-0333 03/i3/96 12/31/98 3 Year~ HAY 2 6 1990 Pg' %.~ Parks and Recreation Advisory Board Name N/ork Phone A£pFd F. xg. Dale Term Home Phone DateRe-app! lndF_rpDare lad Term This 7 member committee was created by Guidelines established on 11/25/75 and confirmed by Ord. No. 93-81 to advise the Board of County Commissioners on any matters concerning acquisition, development and programs involving parks and recreaticn facilities in Collier County. Membership consists of 1 member from the Im,mokalee Community Park District, I member from the Marco Island Community Park District, and 5 members from the Naples a,)d Urban Area Community Park Dist,'ict Terms are 4 years. FL EFA T: $1aff: Maria Rarnsey, Parks and Recreation Director. 353-0404 AGENDA ZTEH HAY 26 1998 DATE: TO: FROM: ~,.~_.EMO R ^ lq D U tq March 23, 1998 Vinell Hills, Elections Office Sue Filson, Administrative Assist Board of Cotmty Commissioners Voter Registration - Advisory Board Appointmehts The Board of County Commissioners will soon consider the following individuals for appointment to one oft.he county's advisory committees. Please let me know if those listed below are registered voters in Collier Count.,,'. Also, please list the commission district in which each applicant resides. PARI<S & RI~:t:kEATIQN ADv[soR. Y BOARD COM~I[I$$10N DISTRICT Karin E. English 3823 Tamiami Trail East, #421 Naples, FL 34112 Edward Olesky 6001 Lake Trafford Road lmmokalee. FL 34142 Jane V. Ostrowski ! 7~ 6181 12th Avenue, S.W. Naples, FL 34116 Sandra Buxton 7816 Gardner Drive, #203 Naples. FL 34 ! 09 Thank you for your help. MAY 2 $1998 M E M OR__A ND UM DATE: TO: FROM: March 23, 1998 Maria Ramsey, Parks and Recreatio.~u Direct_ r Stg Filsoa, A~lministra~ve Assistant~"f ' Board of County Commission,rs Parks and Recreation Advisory Board As you know, we currently have vacancies on the above-referv~ed 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: Karin E. English 3823 Tamiami Trail East, ~421 Naples, FL 34112 Edward Olesky 6001 Lake Trafford Road Immokalee, FL 34142 Jane V. Ostrowsld 6181 12th Avenue, S.W. Naples, FL 34116 Sandra Buxton 7816 Gardner Drive, #203 Naples, FL 34109 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 ti'ds matter. SF Attachments AGENDA ITEM -- MAY 2 6 1998 20 March 1998 RECEIVED ~o~rd of Count! ¢,omissfoners ,Mrs. Sue Filsotz Collier County Board of County Commissioners .-Ldministtztive BLtLIdLt~ 2nd Floor 3301 Tamiami Tr:dl ~'tst Naples. Florid3 34112 RE: Parks & Recreation Advisory Board Sue: i'he ~t')ached resume is submitted in ~plic~_~ticn for ccnsidera.don for the Collier Count>' Parks & Recreation Advisor,' Board Should you have any adclidonal qucsdon plca.sc feel flee to call me at (941) 643-9606. Sincerely. .Karin : E _ngLish AGENDA ZTEH HAY 2 B '1998 ' :~82.'t Tamiami Trail Easi Suile 42 I Nupl~. Rotida .",4112 (941 ! PROFESSIONAL t99~-Pmsent 199o-1993 19~}-i9~5 1977-1993 O~vncr Pin.kJc~p Comm~nic=tmns= Crc;mon. c~,clopmcnt, production of =ns.communi~, educanon. '-,nd entenainmcnt projects including :~udio, film. publishing, television, theatr~ and vicleo projects. KEE Propcmcs of Inc ~I~F Prc~nics o£ VirDrU=. l~c. Me~ia consultin3, ~t, re~nagcrr~nt, mark~ing and ov, ncrsh~p focusing on thc broadcast industry.. Vice Prcst~nt/Panncr S~rvantc Managcmcn[ Corporation® Spor~s and En[cnammcnt markcting and contra~t ncgo~i,atlons ~blic and media relations. (~'flCf gEE Pubhc getations..",Larketing & Media .Management Polm~L non-profit. ~; cntc~nment m~a m~agement. M~a cr~tion, p~ct,on, pta~ment. Celcbn~ ~r~nal ~,~%, Sparkdc Stu'l.io Production~ Creative consultanon to mun/cipalities, pclitical ca.t~da~cs, actvcr'u.w-t~ corpor',~ons. Ra~o. t~levi~ion and pnnt dcv¢lopmcnt, ptockx:tion. Foun~r-Executiv= Din~or/Own~r MulliCultur~l Telcvis~on Co, ncil~For Fdds Only© Orgnn/zc. mana~,e Congressional/commu.~ iobl~, for children's t~lc'vision ~. P. ndio. telm, c,s~n producuon/ryn~ic~tion chilch~n's ~'ogramming, AGE~ No,_ HA¥26 1998 COMMUNITY[BOARD E.Vd:'g RIE N C E £DUCATIONAL EX.Pg RI g,"tc~g Present 19R3-19R5 19RI- H,'R3 197R- 198o 1969-1972 [l!inois Bc!l Tclqohonc Ad.viso~' Board, Turner B rma~_~ ng Systems National B~ack M~d.ia Coalition Action £ot Chil~¢n's Television Urban Lc~gu¢-(.'hic~go Chap,a:r Ch~c:ago/Na:mnai .&~ociation Cot Black Journalist Citizens Committa~ on thc: Media Collier Court .ty Black Affnirs Ach,'isory Board Incwly e[ec~ed) Providence Bible College Bit~tical Sua~ies .'qa n hca~.a~ University Public Relations/5,Larkcting Study. l:h'ogram D~l~ul Uni,~crsiL'y NLas.,~ Co. mmum~.iions P'rog.,am Stud),. Columt:na Cotlcgc Mass Commurucauo n_~ r~aclc~in g Umversib/of New Mexico Journa/isrn/Physic31 Educalion 9THI~R £o~CATION[TRAINI?,;G 197R G rantsmansh~p Foundation Grant proposal research, wnung and funckmsing CAREER AND PER~gNAL GOAL To live each day in Spu~. aa4 Tnah U~,ough op~nu~Uta provu~ tot thc bcv.~tn~m o£ ~cl using namr~ and lc~rnod talcn~s, si,ails and expcncnccs REFERENCES AVAIL.4BLE ON RE~L'F~'T NAY 2 6 1998 WORK v.X?[RIE.NCr 19~7-Presenl 1977-Present 1976-197R 1973-1976 1'793-1976 1972- I 9 73 1966-1968 Tcmpor'~? Kelly Temporary Scr'~icz's 'v'anot~s c,.~omcr and n,'.tministr~4ivc sc~'iccs and dui/cs. FacufLy/Pro£cssor . Cotumbia Colic.ge ExccutJv¢ acLminmratlv¢ duties. College It:vel instruction, student counseling and development. Instcuction focused on all media. lll$[n.ictoF Pay Vogue School of Design Taught cammu~c~ons sidJJs u~ fashiom mcrcha.od~ng ~udcnts. Freelance Writt, x/Cn Uc~'Col~tor Research. write articles for various ~blications. Freelance Wnter/AaN'c~sing Consultant Wnte. supcrvts~ retail a.nd ~ product mcd:a campaigns. Need.ham. Harper & Steer"4DDB Ncodham Worldwide1 Ch:ate. ~'n:e. i~xtuce ra~io, teJe'~s~on ;md pnnt mmpmgns. Wight .Altcn~nt -keno ri,~n -M trines Responsible for ~sscnger co.,nfort and sa. feW. Kindergarten Teacher Assistan[ ~Jbuq~ccqu¢ Pubhc Schools Responstble for g,roudh, irtstructlon, development ofchiMren. .Lhcx:tes Department Store with in.house advertising aampaJgns, layout, design, pLacemet:m Wr~LeC Model Ciucs Ne~,s RepcrterleA.i',or for commun/, .~ based AGENDA [TEM M~h 5. EDWARD "SKI" OLESKY 6001 Lake Trafford Road Immokalee, Flodda 34142 (941)657-2401 RECEIVED Board of' Count.~ Co~fssfoners Sue Filso- Board of County Commissioners 3~01 East Tamia~ Trail Naples, Florida 34112 It has been brought to my av, emion by Fr,xl N. Thomas, Jr., that there i~ a vacawy on the Collier County Park & Recreation Advisory Board for a pcr~n in the Immokal~ conmamity. I, as the o~ Santa Claus in Immokalee, have worked v~ry close with the communhy park staff; supporting their varioua youth activities. I aho serve as a member ofthe foIIowin~ boards: lmmokal~ Clm'nba' of Co~e Frieud.ship House Main Street Advisory I am also an active member of the P,.otary Club oflmmokalee. I would b~ very much appeal to be considered for the vacant spot for an I~ookal~e ~.:~-ntative to the Cotlier Coum7 Park & ~tion Advisory Board. · AGENDA ITEM . -" MAY..2 6';!998. ':. 'Pg._ [[..'.,.'..'' ..~..: IVlar-~5- g8 Mar~ 4. 1~8 MPJ. $u¢ Fllson. Admhtlsttatlv¢. A~sls~am Board et* Ceunty' J:~O ! Tamlami Trail Eas~ IVaplcs. FL ~4 ! 12 RE: Advisory C~mmirt~ D~xr M~. FJlson: Attached for cot~idcratfon is my rc,~ume in an.~wcr to the potential advLmry committee appainLmcnL~. ! have bccn actively involved in Florida r~al c~t~t~ for eleven yra~, ~ur of whi~ have ~ in Collier Eounty. I am · Naplc~ ~idrnt a~d livc in Golden Oa~c E~tt~. It ~ould be my plcas'urc to coa~ributc to a ~mmuni~ ~at has ~atrlbut~ ~n much lo ~y uw~ If you wnuld like tn xpeak with me, please t~ntact me at 597-I 577 ur yuu may page mc at 999-0842. ~~ y tru ~ne V. O.~trnwskf ;/l?'/ / //¢ e , AGI[ N.O.._A ,[,TI[" Pg._ ~ ,,JANE OSTROWSKi I:'M PLOYM E:NT FIRST AMERJCAN TTTLE ~SURANCE COMPANY £~crow O'J~¢er Nazi~,al ,f¢counU/'ron, July 1991 lo Afurch 19~4 R~sp~nsiblc Jot handling cornmcrcmJ k--n~emcnts for vaz~auz National Account ~ollz such u Faa F~d Restaur~u (IE T.~co Bell, C'~¢cker~, McDo~alcLL CalH'omia Pizza Kitchen), B.P. Ols St~tiora ese. Al~o responsible For c)osinI Mu[Ii-site Auction properfics a~l Cmvem~l Orders consiz~m~ o~' U.S. FL~h ~nd Wildli/¢ contracts ~ U.S. Marshal!/'o~f¢iluzez. HOMEOWNER TTTLE INSURANCE CO. A~4txtant Managcr/M;rkcting Rcpresentam~ from Murvh. 19~9 to July 1991 Responsible for the MarkctLn& of ~rt¢ offkcs. Also tcsponslb~e rot ~ r~mtcnance ol'Resideatial wansaction$ m d~e train office. Cotr~any Futch~td by First A~ Tide. FLORIDA TITLE & GUARAN-I~ CO. g.tcro,, Oj~cer /rom January 198<5 to March 1989 Irudally hirgd as receptionisL Dudng me cottrsc ol'cmploymen! did work aa Post. Clesirtl Processor, Escrow Secr,:tary and f, nally Escrow Off$ccr. Offcrvd pos/dcm of Assistant Maaallet. E~DUCATION ST, PETER.XRURG COLLEGE 8tuines~ Management COOKE ILF..,AL E.TT^TE/gLrRT ~ODGL:"KS FLORIDA LICENSED TTTLE I~'SI.;R..~,ICE AGE~'T RE.F -CR£NCE:$: AGENDA ITEM HAY 26 tgg8 Pg. FLN., B.S.N.. M.A., LH.H.A. (941) 514-2371 -- Phone 514-23al -- Fax The Orchards 7816 G~rdner Drive, #203 Naples, Florida 34109 2-[5-98 Mrs Sue Filson Administrative Assistant Board of Collier County Commissioners 3301 E. Tamiami Trail Naples, F1 ~4112 Dear Mrs Filson, Thank you for caking the time co provide me wich a list of available advisory positions. I have an inceresc in one of two open positions. 1) The Parks and Recreation Advisory Board 2} The Hispanic Affairs Advisory Committee / If the criteria of se~;ing on the Hispanic Affairs Committee is chat I be Hispanic, chen i do hOC qualify. My work with the Immokalee population has increased my interest in this area. Thank you for providing information to me. If you need a resume other than the one previo%~sly provided, it shall be my pleasure co send it. Respectfully, Bandra Buxton · AGENDA XTEM MAY 2 6 1998 8ANDP. A BU~TON (941) 514- 2371-;HONE 514 - 7816 Oar~ner Drive, ~203 Naples, Flogi~ar 34109 AGENDA ~.T~_.~ .o._ !0 ' ~ H~¥26 1998 DLre~or og ~rei~ ~i~iscracion ~d ~l~ltraCoc Of pCO~iC and ~C-gor-pzoZiC lq-~e~ tKlliciel. o ~cepcioul .c~t~ and r~ut&tion in c~-4~d u~nc; pr~lde leaderlhip, ~Civacioa and o~iza~i~ v~t~ ef~eccl~l~ increalel ceace~ed ~lleu. X~iciacel ~liicic pc~rM imcl~lag NatAl ~alc~ Co ~-~ cate Zacil~ciei, ~ ~i~b cu~er. use Co leas ~a - S~tled a~ e~ri~d in M~I~L~ craini~ ~rci~l~. ayres of ~elicy c~e ~llfied ~iti~ ~X~, C~lce~ield, ~ ~t~ lJlS 1998 JOHNSON ENGINEERING, INC. IrOn? Mvg~l,. I~.011 iOa RECEI D FEB 2 ? 1998 January 28, 1998 Ms. Jackie Hart P~k~ & Recxeafion Department Gol~n Gate Community P~k 3300 Sznta Barbara Blv& Naples, FL 34116 Dear PAR.-kB Bo~d Members & Staff: I ~.'ant to thank you for the opportunity cfi serving on *..he Paxlr~ & Recreation Advisory Board. I want to apologize for not being able to attend the la~t few Board race,Lugs, but my work has become very mtensive and ei~e consum/n~. I ~ wn~n~ chi3 letter to inform ~e Board e/my reedgnaden. I am moving to Lee County and ~411 no long~ qualify to be a PARAB member. Thank you very much for mak/ng my curie on th~ Board so enjoyable. I w~.h you all the best. CA~ A IA~ACO Elaine M. Wick3 EM%V/mjb January 12, 19~ Billie Cheney PO Box 5021 Immokalee, FL 34143 Dear Board of County Commissioners, I am s'abmitting my resignation, effective January 26, 1997. My association with the Parks and Recreation Advisory Board has been a pleasant one, and I will miss the friendship I have experienced. However, at this time I am starting a new position. I feel I won't be able to give the Parks and Recreation Advisory Board the time they should be given. I appreciate your understanding of my decision to resign from the Parks and Recreation Advisory Board at this time. Sincerely, Billie Cheney NO._ /0 ..... EXECUTIVE SUMMARY PETITION NO. PUD-88-6 (1), KAREN K. BISHOP OF PROJECT MANAGEMENT SERVICES INC., OF NAPLES REPRESENTING RON'fO GOLF ESTATES, INC. REQUESTING AN AMENDMENT TO PROPERTY PP~VIOUSLY APPROVED AS A "PUD" NAMELY THE NAPLES GOLF ESTATES PUD HAVING THE EFFECT OF CHANGING THE NAME TO FOREST GLEN OF NAPLES; UPDATI'NG REFERENCE TO OWNERS; CORRECTING THE LEGAL DESCRIPTION; INCREASING THE TOTAL NTJMBER OF DWELLING UNITS BY NINE; UPDATING THE PUD DOCUMENT TO REFLECT 'I'I4~ CURRENT LAND DEVELOPMENT CODE REQUIREMENTS ANT) TERMINOLOGY; AND REVISING THE MASTER PLAN FOR PROPERTY LOCATED AT THE SOUTHEAST COP, aN'ER OF DAVIS BOULEVARD AND C.R. 951, IN SECTION 2, TOWNSHEO 50 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. This petition seeks to amend the Naples Golf Estates PUD document by replacing the same with a new PUD to be known as the Forest Glen of Naples PUD which will have the effect of increasing the currently approved total number of dwellings from 790 units to 799 units. This petition also updates the PUD Document and Master Plan as notcd above. CONSIDERATIONS: This is a PUD amendment even though the process is one of rezoning the land from "PUD" to "PUD." When we use a rezoning process to accomplish a PUD amendment, we do so to achieve a level of administrative convenience because it avoids the requirement to tract amendments and their relationship to the original document in or,let to understand the totality of the regulations as they apply to the PUD zoning district. For this re: son, staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that, when the property was initially rezoned, the decision to approve the Naples Golf Estates PUD was based upon a preponderance of evidence and conditions which support the required findings for both standard and PUD rezoning actions. This amendment does nothing to change approved land uses and only requests a slight increase in the intensity of development. The primary purpose is to update the PUD document ond revise the master plan. The petitioner is requesting 9 additional residential units for a t~tal of 799 units. As a result the residential project density is only 1.27 units per acre. It should be noted that the FUD contains over 375 acres of preserve and open space areas. The TransF, ortation commitments have also been revised to relocate the main entrance along CR-951 ai>proximately one-half mile south of the il [ers~- 951 and CR-84. Lastly, Section 7.9 Environmental Developmcnt Commitments ha,,,', been upcl~t&l/to MAY 2 6 1998 1 be eonsi~ent with the LDC. Given ~c fact that no development ha.~ taken place on the property, no one's expectations can be adversely affected by a change in development standards or for that matter the revised Master Plan at this point in time. With rea'peet to the revision to the Master Plan, this is the result of permitting actions by jurisdictional regional (SFWMD), and federal (U.S. Corp of Engineers), whereby definite jurisdictional preserve line~ were ea'lablished which are slightly different than those on the current Master Plan. In addition, the internal street system, golf course, preserve and resider, rial areas have been shifted to better ac~mm~e an updated mix of dwelling types to meet current market conditions. Although the configuration of the residential tracts has changed, the area remains the same. The commercial tract is located within an "Activity Center" designated area on the FLUE Map, which is technically a ten (I0) acre activity quadrant. Staffwith jurisdictional responsibility for ensuring consistency and/or compliance with GMP and LDC requirements reviewed the PUD Document. The General Development Commitments section of the Forest Glen Of Naples PUD repeat the same commitments with minor changes from the current Naples Golf E~tates PUD with respect to transportation, water management, utilities, engineering and environmental stipulations. Reviewing staff found these commitments appropriate for the proposed PUD document, therefore, attesting to the fact that this PUD, when developed, will have the ability to achieve compliance with current GMP and LDC requirements. The Collier County Planning Commission heard this petition on April 2, 1998. They unanimously recommend by an 8 to 0 vote to forward this petition to the Board of County Commissioners with a recommendation of approval. No person addressed the CCPC and no letters of objection have been received. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None PLANNING COMMISSION RECOMMENDATION: That the Collier County Planning Commission recommend approval of Petition PUD-88-6 (1) being a petition to repeal the Naples Goif Estates PIj'D and readopt it as the Forest Glen of Naples PUD which in its revised form changes the name of the PUD to Forest Glen of Naples; updates the reference to property owners and legal description; ir. creases the total number of dwelling units by 9 units; updates the PUD document to reflect the current Land Development Code requirements and l~errnino!~_..~;~' revising the master plan. MAY 2 6 1998 VIN~ A. CALrrERO, AICP, ADMI>~STRATOR COMMUNITY DEV. AND ENVIRON,~EN-I'AL SVCS. ~ (I] EX SUMMARY~VB'~rb DATE DATE DATE 3 M~EMORANDUM TO: COLLIER. COUNTY PLANNING COMMISSION FROM: COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: MARCH13,1998 PETITION NO: PUD-88-6 (1), NAPLES GOLF ESTATES PUD AGENT/APPLICAN'r: Agent: Ms. Karen Bishop Project Management Services, Inc. 2335 Tamiami Trail Suite ~t-408 Naples, Florida 3,1103 Manufactured Housing Associates Limited Partnership 1835 University Boulevard, Suite 200 Hyar,.sville, Maryland 20738 Contract Purchaser: Ronto Golf Estates, Inc. 3185 S. Horseshoe Drive Naples, Florida 3,1104 GEOGRAPtHC LOCATIOn';; The subject property is located on the southeast comer of Davis Boulevard and C.R. 951 in Section 2, Township 50 South, Range 26 East. (See illustration on following page) REQUESTED ACTION; The petitioner is requesting a rezone ~rom PUD to PUD for the purposes of amending the Naples Golf Estates Planned Unit Development (PUD) and Master Plan by changing the name to Forest Glen of Naples; by updating reference to owners; correcting the legal description; increasing the total number of dwelling units by nine; updating the PUD document to reflect the current Land Development Code requirements and terminology; and revising the Master Plan to reflect current preserve and residential boundaries. PURPOSF3DESCRIPTI.ON OF PROJECT: The currently approved mixed-use project is approved for 790 dwelling units which results in a density of 1.26 units per acre. Due to changes m market demand, the petitioner proposes to modify the master plan by relocating ~ome of thc golf course, preserve and resident better accommodate an updated mix of dwelling types. The Ix'tifioner is now re additional residential units for a total of 799 units. A.s a result thc residential p~jec =lensity is MAY 2 6 1998 Z only 1.2'7 units per acre. The prOJect also contains over 375 acres of preserve and open space areas. Other modifications include changing of the project name to Forest Glen of Naples a~d revising the property ownership and legal descriptiun. The Transportation commitments have al~ been revised to relocate thc main entrance along CR-951 approximately one-half mile soulh of the intersecuon of CR-951 and CR-84. Lastly, Section '/.9 En,,-ironmental Development Commitments have been up<tared to be consistent with the LDC. USE AND ZONLNG: Existing Conditions: The subject s~te is undeveloped and is zoned PUD Surrounding: North - CR-84 and the partially developed commercial Zoned: "Tollgate PUD" East . Developed residential; Zoned: "Toll Plaza RV Resort PUD" South - Undeveloped land; Zoned: "Agnculmre" West - CR-951 & undeveloped commercial: Zoned: "Westport Commerce PUD" GROWTH MANAGEMENT PLAN This petition has been reviewed by the approp~ate stuff for compliance ~ the a~licable el~ of the Gro~ah Management Plan, as noled ~low: ~u~ure Land Use Element: ~e subject prope~ ts desi~ated Urban Residential F~ge on the Furore Land U~ Elemmt (FLUE) of the GMP. ~is desi~a~ion is to ~o~de =~sitional d~sities ~'e~ the Urban Dest~ated area and ~he A~cul~e~ml area. Resid~tial l~d ~s ~y ~ allowed at a maximum densi~ of 1.5 urea ~ acre. It should ~ noted ~t P~ is consist~l ~5~ the dens~ rating system of the G~ since the pro~d 799 ~i~ resul~ in a dmsiW of 1.27 umts ~r acre for the non-commercial areas of the P~. ~e ce~ercial ~act ~s l~ated within an "Acuv~ Center" desi~ated area on the FL~ Map, which is tecMically a ten (10) acre acnviW quadrant. ~ March 4, 1997, the Board of Co~W Commissmners deemed this PU~ consistent with the FLU~ in accordance ~th the mtma listed in Section 2.7.3.4. As a result, the BCC approved a ~o (2) year time extension of the Naples Golf ~smles PU~ zoning. Traffic Circulation Element: ~e =affic impact review indicates that the pro~d am~dment will not result ~n the pro. eot generating addltional ~affic ov~ the amount cushily a~roved since the numar of dwelln~g umts remains the same. In addmon, CR-951 is c~tly a 4 lane arterial road ~ontmg the project. ~e cu~ent mffic count for thi: se~t is 16,915 ~T which results in LOS "B" o~ration. ~e cu,Tent =affic count for Davis Boulevard west ofCR-951 ~s 15,914 and ~s o~ratmg at LOS "C'. Applicable Elements: Surf review indicates that this ~tition has N:en desired to account for the necessa~ relationsNps dicuted by the Gro~h Management Plan (GMP). Mitigation measures and stipulations have been develo~d (where appropriate) to ensue consistency with the GI~ dmng the ~imng process. Development p~itled by ~e approval of this petition will ~ subject to a concuzrency review ~der the provisions of Sechon 3.15 of the Colli~ Co~W ~nd ~velopm~t C~e, Adeqmte ~blic Facilities, at the e~liest or the next to of ei~ Final SDP approval, final plat approval, or building ~mit a~licable to ~s developm~t. ~efore, this proposed PUD am~dment is consislent ~th the goals m of the G~. Stuff has concluded fha: no level of se~ice s~ds will ~ adv~sely 1998 this amendment. Appropriate mitigation measures and stipulations will assure that the County's intttrcsts are maintained. Consistency w~th the goals, objectives and policies of other applicable elements of the GM~P and level of servace relationships are to be achieved by stipulations and/or development commitments made a pan of the approval of this development order. i)LANNLNG EVALUATION FOR EbW'IRONbFENTAL. TRANSPORTATION AND INFRASTRUCTURE: This petition was referred to all appropriate County agencies for their review. Since no level of service (LOS) standard will be adversely affected by this amendment, these agencies have recommended approval subject to appropriate stipulations that are consistent with the Land Development Code. These approval stipulations ha'.:e been incorporated into the revised PUD document. For example, the Transportation commitments have been revised to relocate the main entrance along CR-951 approximately one-half mile south of the intersection of CR-951 and CR- 84 so as to take advantage of the future four-way intersection. The purpose of this petition is to amt,~[ the Naples Golf Estates PUD even though the process is one of rezoning the land from "PUD" to "PUD". The intent is to achieve a level of administrative convenience because it avoids the requirement to track amendments and their relationship to the original document in order to understand the totality of the regulations as they apply to the PUD zoning district. For this reason staff is of the opinion that the required findings for standard and PUD rezones do not apply in recognition of the fact that when the property was initially rezoned, the decision to approve the subject PUD was based upon a preponderance of evidence and conditions which supported the required findings for PUD rezoning actions. However, staff has evaluated the proposed amendment and has the following comments: The changes to the preserve tracts will allow for a more unified ce.,~servation and preservation area. Furthermore, by replacing the res~dennal tracts along CR-951 that would be located under the power lines with golf course and pret, erve areas, the residential lots will be safer and have increased buffer and screening from the power lines. The revised acces-~ point still provides for a central access road to sevve the residential tracts in the central portion of the project. Lastly, this PUD amendment will not adversely impact any level of service standard and is consistent W~th me currently adopted Growth Manag~'ment Plan. A compatibility study conducted by st~ff indicates that the amendment will not change the essential nature of the project or :he devdopment standards of the previously approved Naples Golf Estatcs PUD. Since the residential dwelhng types meet current market conditions, there are no changes to the permitted dwelling types as provided for in the currently approved PUD document. In addition, the adjacent properties to the north and west are currently zoned to allow for commercial and industrial uses. To the east is the Toll Plaza RV Park PUD which is approved for 334 Recreational Vehicle (RV) traits. This RV development is separated from the Forest Glen residential areas by the preserve area. Therefore, this amendment is deemed compatible with the surrounding land uses. As a result, this petition should not have any adverse economic impact on the surrounding area. Based on the above referenced analysis, staff is of the opinion that this amendment does no:hing to change the approved density and will not h; impact on any adopted level of set~';ce standard. 1998 STAFF RECO~DAII.O~ S~ff recommends that the Collier County Planning Commission forward Petition PUD-S8-6 (1) to th~ Board of County Commissioners with · recommendation for approval. PREPARED BY: ~Y '~r~LOW~i P~CIPAL PLANNER CURRENT PLANNING SECTION ~Ol~c.~T J. MULHERE, AICP, DIRECTOR VINCENT A. CAUTERO, A. ICP, ADMI2,flSTRATOR COMMUNI~ DEV. AND EN~v'IRONMENq'AL SVCS. Staff Report for the April 2, 1998 CCPC meeting. 3.lq. qb DATE DATE COLLIER COUNTY P/~,N~TN,.q COMbflSSION: MICHAEL A. DAVIS, CHAIRMAN RVBJrb/STAFF REPORTtPUD-$$-6 (1) MAY 2 6 1998 Petition Number Date _ APPLICATION FOR PUBLIC HEARLNG .... . FOR PUD AMENDMENT/DO AMENDMENT .. COMMUNITY DEVELOPMENT DIVISION PLANNING S ERVICF.3 I. Name of Applicant (s) ~ Applicant's Mailing Address__3..~f_t.,_li.O.i~hoe Drive Florida City ,Nat)les State Applicant's Telephone number: Res: Is the applicant the owner of the subject property7 Zip_ ~4104 Bus: (94D 649-6310 Yes ,N _No . (a) If applicant is a land trust, so indicate and name beneficiaries below. X (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stock.holders below. A. Jack Solomon , (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. (d) If applicant is an owner, indicate exactly as recorded, and list ali other owners, if any. , (e) If applicant is a lessee, attach copy of lease, and indicate actual owners if not indicated on the lea.se. X (f) If applicant is a contrac purchaser, attach copy of contract, and indicate actual owner (s) name and add:ess below. SEE ATTACHED CONTRACT. Manufactured Housing Associates III Limited Partnership ("MHA") a Florida Limited Partnership i835 University Boulevard. Suite 200. Hyattsville. Marylan_.d 20783 (If space is inadequate, attach on separate page.) 2. Name of Agent Karen Bishop Firm PMS, lnc, of Naples Agents mailing address 2._335 Tarniami Trail Suite g408 City Naples State Florida Zip 34103 Telephone number Res.: Bus: (941) ,t35-9080 3. PUD ORDINANCE NAME AND NUMBER: Na_~les Golf E.Aates # 88-83 4. DETAILED LEGAL DESCRIPTION OF THE PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (l" to 400' scale). THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE CORRECT LEGAL DESCRIPTION. IF QUESTIONS ARISE CONCERNI3~G THE LEGAL DESCRIPTION, AN ENGINEER'S CERTIFICATION SHALL BE REQUIRED. SECTION 2. TOWNSHIP ~0 $ RANGE All of Section 2. Township 50 Sooth, Rane_¢ 26 East. less the property previously condemned or conveyed for rjaht-of-wa¥ located in Collier Count_v, Florida c0nsistine ofapproximat.ely 6;~,.~ acres. 5. Address or location of subject property The provertv is bordered on the west bv CR 951. on the north side by SR 84, on the east by Toll Plaza RV Resort PUD and undevelo_~x',:l aericultu, ral la. And and on lhe south side. by undeveloped agricultural land. Does property owner own contiguous properly to the subject property? If so, give complete legal description of ent:re contiguous property. (If space is inadequate, attach on separate page). No 7. TYPE OF AMENDMENT: ,X. A. PUD Document Language Amendment X B. PUD Master Plan Amendment ~ C. Development Order Language Amendment MAY 2 6 1998 8. DOES AMENDMENT COMPLY WITH TIlE COMPREHENSIVE PLAN: X YES NO If no. explain: 9. HAS A PUBLIC HEARiNG BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? If so, in whos~ name? Yes, Manuf~ctur~ Ho~$ing Association ,III PETITION #: 10. ~9q-152 DATE: March ,t, 1997 HAS ANY PORTION OF THE PUD BEEN SOLD AND/OR DEVELOPED'?. ARE ANY CHANGES PROPOSED FOR THE AREA SOLD AND/OR DEVELOPED? Yes. ,'~ No. If yes, describe: (attach additional sheets if necessary). ~FFTDAV[T MAY I! $1998 RECEIVED JAN 2 7 1998 REAL F~TAT~ r ,[~RCEASE CONTRA~ I"'L~NG ~~ ,,, 1~7 by ~d b~ ROlO ~LF~EST~~ ~~o% 277 North Colli~ Bo~d, M~ Isled, FloHda 34145 ~AC~D HOUS~G ~S~~S ~ L~ PARTNERSHIP ("MI4.A'), a Florida limited partnership, 1835 University Boulevard, Suite 200, Maryland :213783 C~e Seller"). WITNESSETH: THAT, IN CONSIDERATION of Ten ($I0.00) Dollars, the mutual covenants herein se~ forth, md of other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties her~o, intending to be legally bound hereby, agree as follows: 1. At, r~ment to ~,ql ~,h* provert~: Seller agrees to sell and convey to the Purchaser, ~ l:hlr~, and Purchaser agrees to purchase from the Seller the real property described on Exhibit "A" attached hereto and made a part hereof known as "Naples Golf Estates', Naples, Florida (the "Property"). As Sown on Exhibit "A", the property to be conveyed does not include the commercial piece ofappro:4mately ten (10) acres (the "Commercial Piece"). The , Commercial Piece shall include all of th.- northwest comer of the property including, without limitation, the roadbed. If Seller cannot obta/n direct access toamis~County Road 84 ~d~5 81t. 951, Seller reserves unto itself easement(s) for ingress and egress over the Property (the "Access Easements") from poims as close a.s reasonably possible fi.om the Commercial Piece, providing sccess to the Commercial Piece fi.om County Rosd 84 andJls, from State Road 951 well ~s an e~.sement ov~ the Property to complete the Commercia/Piece Site Work as colltempl~ted I:ry Paragr~h 19 of this Contract (the "Cormriercial Piece Site Work Pur~ ~ return ~ rn~t~ and Inform~on provided by Seller as ~~ ~ ~, ~ ~ ~ to ~er, all ~e~ ~di~ and i~e~~, ~ ~~ ~~ h~ ~e. In ~ ~e~ ~r~r do~ ~m ~ ~r~n ~ ~ S~ Ped~, ~en Pure.ds ~ ~ te~n~ u~r he ~ ~ ~ P~~ 4 ~ ~ ~m~ to h~ ~n ~r ~ To ~ ~~r in ~ndu~ng ~ i~~ ~ ~e Pro~, ~ ~r ~ ~ ~r ~ ~de ~~ to ~r~r, a~ ~~ ~~ ~ ~ ~lon ~ Sell~s en~ne~ In R~ Purer r~~ ~r ~~ ~er's e~in~m ~ ~tr se~, ~ ~ Ge~ ~ ~e to be r~b~e for ~ ~ r~ to ~ ~ned on ~ller's be~. Pur~ ~d ~~a ~ ~,~ emer ~n ~e ~o~ dung noel b~ine~ ~um ~ ~e pu~ ~ ~~ ng eu~ ~ ~d ~I~ ~ ~ may deem appropd~e, p~ ~ su~ ~o ~ long ~ ~ ~m~ r~ In ~e ~ ~e ~ ~ ~e ~d is d~m~ in ~ mann~ p~~s ag~ In ~e ~d~ of ~ m~, Purch~er ~r~ r~ore ~e I~ ~ ~ ~ e~ng ~d~. ~er h~ ~ h~~ ~om ~ InJu~ or I~s ~td~ ~ r~uR ~ ~~~, or Pur~s ag~' ~ on ~ Pro~. 5. ~~. ~g ~C~sing~ ~ ~e pur~ ~ ~ on or ~re ~ 31, 1~ (~e '~e~ng ~e~. ~e ~i~ m~ ~slng ~ ~ d~~ ~ ~ ~ ~e~ ~e p~ ~~d ~at So~ Ror~a W~r M~agem~ ~ 11~117~S, Su~ W~er M~ageme~ ~em (~ ~~ W~er Pe~ to ~ ~ended in ~der ~r Pure.er to ~~ ~e d~el~me~ R ~mH~.~. ~, Pure.er shall ~m~imely ~mmen~ ~ u~ ~ ~ ~o~, ~lgen~, to e~d ~e Su~ W~.ar Pe~R. ~r~r ~I a~se Se{let no ~e~ ~ mo~, ~ I~ progres~ in o~ni~ such ~enslon. In ~e SuH~ W~er Pe~R, ~p~e PurSuer's ~ effo~ ~d dil~ pu~, e~ed ~ ~r 15, 1~7, ~';en, PU~aser may, ~_ ~en pF~u~.~e' --e~e~ o ~-~~k S~uld ~ Suda~ W~er P~ff n~ ~r 31, 1~, ~en e~r Purer ~ ~er ~ m~i~e wrttten notice to the other. Upon the termination of thls~( of the Surface Water Permit, Purchaser sha~ be ent~ Reference to the term "Seller" when referring to Post-Closing rights and the note holder .of the Mortgage Note tendered Price. 5-- MAY 2 6 1998 for lack of an e~en: ~'~ ' ~~~e, oeive ream ~ ~e ~. ~ ~oughout this Contract, )bligations, shall include )urchase ............. 'L ~ .... ..~,.,,...__..,~ ...... :,.,. .... 6. permit ResoonslblllW_-Pvrchaser. At the conclusion of the Study Period, Purchaser shall commence engineering plans for the development of the Property and shall use its best efforts to obtain all necessary approvals and permits for the development of the Property. Prior to filing for any development approvals or 'permits Purchaser shall give Seller prior written notice of any such filing together with a complete copy thereof; moreover, Purchaser shall obtain Seller's consent to any such filing, such consent not to be unreasonabl,! withheld. Purchaser shelf prepare certified statements of completion of milestones determined by an engineering time.lin~, which shall be provided to Seller during the Study Period, through the Closing Date, and for so long as any pod, ion of the Purchase Price is due Seller. The time-line shall provide for completion of all engineering work to allow the filing of all necessary permits for "infrastructure Work" and for obtaining such permits at th~ earliest poss~le time. "Infrastructure Work" shall include, but not be limited to, all work required by any governmental agency for permit",ing for water, sewer, groundwater and sub-surface w3ter management, utili',ies and roads for the Property, including the Commercial Piece. Purchaser shall comply with Seller's plans as to the Commercial Piece. 7. Condition of the Pr,)pert¥. Purchaser acknowledges that Purchaser has inspected the Property and that the Property is being sold, and shall be conveyed to Purchaser at Closing, in "As Is" condi~.ion wfth all faults. 8. ~. Until Closing, the risk of condemnation, casualty or other loss relating to the Property shall be that of the Seller, except for casualty or loss resulting by reason of Purchaser's studies and investigations undertaken pursuant to Paragraph 4 hereof. - "~~/ /.~, //~/. ~ -. MAY 2 6 t998 ...~~1~_~_ 9. ~tle. Purchaser shall have a period of time coextensive with the Study Pedod to examine T'rtle to the property and if T'rde is found 'to be defective, Purchaser shall notify Seller in writing specifying the defects within the Study Period. If such defects render the T'cde unmarketable, Seller shall have sixty (60) days from receipt of such notice to cure the defects, or if uncured within such time, to commence and pursue action reasonably necessary in order to correct such defects. If after said period shall not have cured the defects, unless Seller has commenced to cure and is pursuing cure by diligent effort to cure such defects, Purchaser shall have the option to either accept the T'rtle as Is or to terminate tho Contract and thereupon Purchaser and Seller shall be released of all further obl:gations to each other under the Contract. Seller agrees however, that if 'i'rtle is found to be unmarketable, that it will use diligent effort to correct the defects in the title; provided however that Seller is under no obligation to commence or pursue legal action in order to c..~rrect the defects in the TAle. The Closing shall be extended as reasonably necessary for Seller to cure any title or survey defect. In &ny event, liens or encumbrances to be paid off, or which would normally be paid off, at Closirzg, shall not be considered defects in title or valid reasons for objection by Purchaser. Purchaser shall take title subject to all zoning, regulations and criteria. 10. land use and planning The Property is not s Jbject to any leases. Survey. Purchaser, within the time allowed for examination of title, shall have the Property surveyed at their expense. If the survey shows any encroachments on said Property or any encroachment on the land of others, the same shall be treated as a title defect. The survey shall specifically describe the Commercial Piece retained by the Seller, as well as the Access Easer~ents to Count/Road 8,1 the Commercial Piece Site Work Easement, all, including 7_ and ~¢. ~.t~oad, ,51, and 0 thereof, tc the reasonable ~.¢ritten satisfaction of Seller. 11. Bemedles. If the Purchaser defaults under this Contract in its obligation to purchase the Property, or otherwise, the Seller shall be absolutely entitled to the Initial Deposit and any accrued interest thereon, as a credit against Purchaser's liability'to Seller for damages for Purchaser's default, as well as any non-refundable Additional Deposits as may have been made, or were to be made. If the Seller defaults under this Contract in its obligation to sell and convey the Property, or otherwise, the Purchaser shall be entitled to terminate the Contract and either obtain a return of the Initial Deposit or, sue for specific pedormance, in either case, as its sole and exclusive remedy. 12. C~rl;a!n CIg~In~_ Costs _and Adlustmen~. The Purchaser shall pay for the costs of title examinstion, ccsts of surveys, title insurance commitments, and final title policy (mortgagee's as well as owner's) as well as all closing costs, notary's fees and Purchaser's attorney's fees, Escrow Agent's fees, all State and local recordation charges regarding all instruments presented for recording, and transler taxes and fees, documentary stamps and revenue stamps with respect to the Mortgage Note, Mortgage and Security Agreement and ancillary security documents. Documentary stamps on the recording of the special Warranty Deed shall be paid by Seller. Real estate taxes shall be pro-rated and paid by Purchas,~r and Seller as is customary in Collier County, Florida, In the event the current year tax an,ount is not then available, the taxes shall be prorated based upon the previous year"s tax bill, adjusted in accordance with known changes, if any. Seller shall pay for its oven attorney's fees. '13. _C~rt~in Df!Iveri~$ at Closincl. At Closing: upon receipt of the Purchase Price, subject to prorations and adjustments provided for herein, Seller shall execute, acknowledge, and deliver to Purchaser a special Warranty D( other documents reasonably necessary or appropriate to"""~~'" ":°nveY'the*r(~pert 1 MAY 2 6 1998 '~d such interests therein to Purchaser; and Purchaser shall execute, acknowledge and deliver to Seller the Mortgage Note, the Mortgage, the Access Easements and the Commercial Piece Site Work Easement and such other documents reasonably necessary or appropriate to fulfill the goals and objectives of this Contract, including, but not lirfiited to, collateral security agreements and financing statements. Possession of the Property shall be given to Purchaser at the time of Closing. 14. ~rQker's Commlsslon/AaencY_. Other than Seller's Commission Agreement with Coldwell Banker, separately documented, and Buyer's Commission Agreement with Crestview Realty, inc., separately documented, Purcl3aser and Seller each represent and covenant to the other that they have not entered into any agreement or incurred any obligation, and do not know of any facts which might result in an obligation for any party to pay a sales or brokerage commission or finder's fee fcr this transaction. Purchaser and Seller each agree to indemnify and hold each other harmless from liability including reasonable attorney's fees arising from a breach of this representation and warranty. 15. Notices. All notices required or permitted hereunder shall be in writing and shall be effective as of the date on which such notice is mailed in any United States Po~t Office by certified or registered mail, postage prepaid, sent by facsimile transmission or hand delivered. All such notices s. hall be addressed as follows: As to Seller: Attention: Sidney J. Brown 1835 Univers~['y Boulevard Suite 200 Hyattsville, Maryland 20783 fax #: (301) 422-2294 As to Purchaser: Attention: A. Jack Solomon, President Ronto Golf Estates, Inc. 277 North Collier Boulevard Marco Island, Florida 34145 f3x #: (941) 394-3156 - MAY g 6 1998 with copy to: Ruden, McClosky, Smith, Schuster & Russell, P.A. 200 East Broward Boulevard, 15th Floor Fort Lauderdale, FL 33301 A~e~on: John L. F~quhar, Esq. fax #: (954) 764-4996 16. Mlscellaneou~A. This Contract, together with Lhe attached exhibits, constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior negotiations, agreements, and undertakings. This Contract may not be mod'riled except by the written agreement of the parties hereto. No failure of any party hereto to exercise any dght or power given to such party hereunder to insist upon strict compliance by the other party with their obligations hereunder shall constitute a waiver of any party's right to demand strict compliance with the terms hereof. 17. No A.$si_~nment bv Purcha~e_r. This Contract shall not be assigned by Purchaser without the express pdor written consent of Seller· 18. NQ RecQrdatlon of Contract. This Contract shall not be recorded by either party; but should Purchaser attempt to record this Contract, then at Seller's sole option, exercisable by wrMen notice. Seller's obligation to sell the Property and Purchaser's right to purchase the Property shall be null and void and of no further force and effect. 19. Commercial Piece. Purchaser shall include detailed site preparation plans for the Commercial Piece in their development and permit plans with respect to the Property. Insofar as such plans affe~ the Commercial Piece, such plans shall at all times be subject to Seller's express advance wri~en approval, whether such plans be original, modified or amended. Purchaser's plans and permit applications shall include provision for and application for permit, s for the Commercial Piece achievable at the same time as permits for the Property. Permits for said Commercial Piece shall be obtained within AG ~. NOA ITEM I · twelve (12) months after Closing. Within six (6) months of obt ~inin~jo- permits, Purchaser shall, in accorCance with all applicable agenc~ the excavation and proper site preparation, clear;rig and grading of the Commercial Piece in accordance with the plans approved by Seller (the "Commercial Piece Site Work") and Purchaser should complete the Commercial Piece Site Work within twelve (12) months of the obtaining of such permits, all at the sole cost and expense of the Purch'aser. At a minimum, the Commercial Piece Site Work must properly address the wetland areas arid impact areas on the Commercial Piece and insure that the Commercial Piece is ready for building construction upon completion of the Commercial Piece Site Work. In the event that Seller desires to proceed with the Commercial Piece Site Work prior to Purchaser's commencement of site work with respect to the Property, Seller will send Purchaser thirty (30) days advance notice, and if Purchaser shall not within such thirty (30) days commence the Commercial Piece Site Work, Seller may do so, utilizing the Property and such fill dirt from the Property as may be necessary to complete the Commercial Piece Site Work, provided that such fill dirt comes from areas Purchaser's plans indicate will be excavated. in any event, Seller shall be financially responsible only for the actual out-Of- pocket cost (without profit or overhead factors) incurred by Purchaser, necessitated solely by the completion of the Commercial Piece Site Work, whether performed by Purchaser or Seller hereunder. 20. Confidentiality. Purchaser acknowledges that Seller is in the process of achieving development goals for the Property, including but not limited to, the obtainment and maintenance of various permits. Further, other than as expressly permitted in this Contract, Purchaser shall keep confidential all information provided by the Seller, or otherwise obtained by the Purcha.'-er, in connection with or pertair the sale thereof to Purchaser 21. .~.~. This Contract may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 22. E$¢r~_w Aaent. The Escrow Agent receiving funds is authorized add agrees by acceptance of them to deposit them promptly, hold same in escrow and, subject to clearance, disburse them in accordance with the terms and conditions of this Agreement. Failure of clearance of funds shall not excuse Purchaser's performance. However, Seller may declare a breach i~ Purchaser's funds do not clear, tf in doubt as to Escrow Agent's duties or liabilities under the provisions of this Agreement, Escrow Agent may, at Escrow Agent's option, continue to hold the subject matter of the escrow until the parties mutually agree to its disbursement, or until a judgment of a court of competent jurisdiction shall determine the rights of the parties or, Escrow Agent may deposit with the Court having jurisdiction Of the dispute. Upon notifying all parties concerned of such action, all liability on the part of Escrow Agent shall fully terminate, except to the extent of accounting'for any items previously delivered out of escrow. Any suit between Purchaser and Seller where Escrow Agent is made a part because of acting as Escrow Agent hereunder, or in any suit wherein Escrow Agent interpleads the subject matter of the escrow, Escrow Agent shall recover reasonable attorney's fees and costs incurred from the parties. The parties agree that the Escrow Ageqt shall not be liable to Purchaser, Seller or any other party or person for any action or omission or commission as Escrow Agent hereunder, unless such action constit,..rtes a willful breach of this Agreement or the gross negligence of Esd:row Agent. MAY 2 6 1998 WITNESSES: SELLER: MANUFACTURED HOUSING ASSOCIATES I!1 LIMITED PARTNERSHIP, a Florida Limited Partnership By: Manufactured, LLC, its General Partner ~ Sidney J. Brown, Managing Member ATTEST: h,tv~o~s'~, pVo ntoc .¢ on PURCHASER: RONTO ,GOLF ESTATES, INC., corporatlo~n ~ a Florida ..MAY :~_6 1998_ ~. ,~/ _ ,,J ! 2 6 '7 8 9 ~2 13 ~6 1'7 ORDINANCE 90- AN ORDINANCE AMENDING ORDINANCE NUMBER 9!-102, THE COLLIER COUNTY LAND DEVELOPMENT CODE, WHICH INCLUDES THE COMPREHENSIVE ZONING REGULATIONS FOR THE UNINCORPORATED AREA OF COLLIER COUNTY, FLORIDA, BY AMENDING THE OFFICIAL ZONING ATLAS ~LAP NUMBERED 060102 BY CHANGING THE ZONING CLASSIFICATIOK OF THE MEREIN DESCRIBED R~AL PROPERTY ~ROM "PUD" TO "PU~" pLANNED UNIT DEVELOPMENT KNO~ AS FOREST GLEN OF NAPLES, FOR PROPERTY LOCATED ON THE SOUTHEAST CORNER OF C.R. 951 A~ND DAVIS BOULEVARD, IN SECTION 2, TOWNSHIP 50 SOUTH, RANGE 26 EALT, COLLIER COUNTY, FLORIDA, CONSISTING OF 634 ACRES; PROVIDING FOR THE ~£PEAL OF ORDINANCE NUMBER 88-83, AS AMENDED, THE FOP~MER NAPLES GOLF ESTATES PUD; AND BY PROVIDING AN EF~-ECTIVE DATE. 26 WHEREAS, Karen Bishop of Project Management Services of Naples, 27 Inc., representing Ponto Golf Estates, inc., petitioned the Board of ~ County Com~is$ieners to change the zoning clasgification of the herein 29 described real proper%y; NOW THEREFORE BE IT ORDAINED BY THE BOARD OF COUNTY CC~ISSIONERS ]i OF COLLIER COUUTY, FLORIDA; 32 SECTION CNE: The Zoning Cla~$ifica:ion of the here~n described real property ~ located in Sec:ion 2, Township 50 South, Range 26 East, Collier ]5 County, Florida, is changed from "PUD" to "PUD" Planned Unit )6 Development in .~ccordance with the PUD Document, attached hereto as ~7 Exhibit "A", wh..ch is incorporated herein and by reference made part 3~ hereof. The Official Zoning Atlas Map n~t~ered 060102, as described 39 in Ordinance Number 91-102, the Collier County Land Development Code, ~ is hereby amended acccrdlngly. 41 SECTION TWO: 42 Ordinance !4umber ~8-83, as amended, known a~ the Naples Golf 43 Estates PUD, adopted cn October 25, 1988 by the 5oard of County ~ Comrais$ioners of Collier County, i$ hereby repealed in its entirety. 45 ~6 -1- MAY 2 6 1998 SECTION THREE: This Ordinance shall become effective upon filing with the / Department of State. PASSED AND DULY ADOPTED by the ~oard of County Commissioners of Collier County, Florida, this day of , 1998. 6 ? ATTEST: I DWIGHT E. BROCK, Clerk 10 11 12 14 15 Approved as to Form and 16 Legal Sufficiency 17 10 M&r~o[~.e Iq. Student 21 Assistant County Attorney BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BARBARA B. BERRY, Chairman -2- MAY 2 $ ~98 m ! FOREST GLEN OF NAPLES A PLANNED UNIT DEVELOPMENT REGULATIONS AND SUPPORTING ~&STER PLAN GOVERNING FOREST GLEN OF NAPL.ES A PLANNED UNIT DEVELOPMENT PURSUANT TO PROVISIONS OF THE COLLJI!R COUNTY LAND DEVELOPMENT CODE PREPARED FOR: Ronto Golf Estates, Inc. 3185 t Iorseshoe Drive S. Naples, F"L 34104 PREPARED BY: PMS, INC. OF NAPLES 2335 TAMIAMI TRAIL NORTH SUITE 408 NAPLES, FL. 34103 DATE REVIEWED BY CCPC DATE APPROVED BY BCC ORDINANCE NUMBER AMENDMENTS AND REPEAL MAY ~ 6 1998 SECI'ION I SECTION II SECI'ION ITl SECTION IV SF. CI'ION V SECI'ION VI SEC~ON VII' INDEX List of Exhibits and Tables Statement of Compliance Property Ownership, Legal Description and Short Title Project Development Residential Development Areas Golf Course / Open Space Preserve District Commercial District General Development Commitments ii I11 1.1 2.1 3.1 4.1 5.1 6.1 7.1 MAY 2 6 1998 EXHIBIT "A" TABLEI TABLE Il LT.qT OF_E~IIBIT$ ~ TA.B~ Dlanncd Unit Dcvclopmcnt Mastcr Plan Land Usc Summary Development Standards MAY 2 6 1998 STATEMENT OF COMPLIANCE O The development of approximately 635 acres of property in Collier County as a Planned Unit Development to be known as Forest Glen of Naples PUD will be in compliance with the goals, objectives, and policies of Collier County as set forth in the Collier County Growth Management Plan. Forest Glen of Naples is a mixed commercial residential golf course community with associated recreational uses and will be consistent with the ~:~plieabl¢ elements of the Collier Gzowth Management Plan for the following reasons: 1, The prope~ includes the entire mutheast quadrant of the C.R. 951 and Davis Boulevard (S.R. 84) Interchange Activity Center, which accommodates the planned ten (10) acres of commercial land uses. The remaining six hundred and twenty-five (625) acres of project area within Section 2, Township 50 South, Range 26 East, lies within the Urban Residential Fringe Sub<listrict, which m~es these lands eligible for a 1.5 unit per acre density, or 938 units. This residential development density eligibility is substantially greater than the planned 799 units or 1.27 units per acre. 2. The ten (10) acres of project area which lie within the Interchange Activity Center are planned for mixed commercial, retail, transient lodging and professional offices, as indicated to be appropriate by the Future Land Use Element. The subject property's location in relation to existing or proposed community facilities and services permits the development's residential density as described in Objective 2 of the Future Land Use Element. O The project development is compatible and complementary to existing and future surrounding land uses as required in Policy 5.4 of the Future Land Use Element. Improvements are planned to be in compliance with applicable sections of the Collier County Land Development Code as set forth in Objective 3 of the Future Land Use Element. The project development will result in an efficient and economical allocation of community facilities and services as required in Policies 3. I.H and 3. I.L of the Future Land Use Element. The project development is planned to protect the functioning of natural drainage features and natural groundwater aquifer recharge areas as described in Objective 1.5 of the Drainage Sub-Element of the Public Facilities Element. All final local development orders for this project are subject to Division 3.15, Adequate Public Facilities, of the Collier County Land Development Code. iii MAY 2 6 1998 SECTION I PROPERTY OWNERSHIP & GENERAl, DESCRIPTION 1.1 1.2 1.4 PURPOSE The purpose of this Section is to set forth the location and ownership of the property, and to describe the existing conditions of the property proposed to be developed under the project name of FOREST GLEN OF NAPLES. LEGAL DESCRIPTION All of,Section 2, Township 50 South, Range 26 Fast, less u~ property previously condemned or conveyed for right, of-way located in Collier County, Florida consisting of approximately 635 ~-'res. PROPERTY OWNERSHIP The subject property is owned by Manufactu,'~l Housing Associates Three, Limited Parmership. 1835 University Blvd.. Suite 200, Hyattsville, MD. 20783. GENERAL DESCRIFTION OF PROPERTY AREA A. The project site is bordered on the west by C.R. 951, on the north by S.R. 84, on the east by Toll Plaza RV Resort PUD and on the south by undeveloped agricultural land. B. The zoning classification of the project prior to approval of this PUD document was "Planned Unit Development". PHYSICAL DESCRIPTION A. The project lies v,'ithin South Florida Water Management Disuict No. 6. Drainage from the property will discharge into Henderson Creek via the C.R. 951 Canal. B. Water Management for the pro. ect will be designed and constructed in order to introduce project stormwater runoff to wetland ar :as in an attempt to help restore historic water retention and preserve areas. C. Elevations within the project site range from 8.8 to 11.0 feet above mean sea level. Most of the area, however, falls within the 9.7 to 10.9 feet of elevation category. The entirety of the site lies within Flood Zone "X" according to Firm Map #120067 0425 D dated June 3, 1986. D. Soil types within the project include Keri fine sand (approximately 50%), Cypress Swamp (approximately 48%) and Charlotte fine sand (approximately 2%). Soil characteristics were derived from the Soil Survey of Collier County, Florida, issued by the U.S. Department of Agriculture (Soil Conservation Service) in Mm'ch 1954. ~ 2 6 1998 1.1 I~ROJECT DESCP. IPTIO~ The Fore, st Glen of Naple~ PUD is a ~x~ u~ comme~i~, residenti~ ~d golf ~ ~uni~ ~ ~ ~imum of 7~ dwelling uni~ ~d 10 ~s of co~e~ial. R~reafional facilities inclu~ng ~ golf ~ ~d clubh~ M~ ~ ~vid~ ~ ~njunction wi~ ~e dwelling uni~. ~e~, R~id~fi~ ~ ~afi~ l~d ~ ~ design~ to ~ h~onious wi~ one ~o~er ~ a n~ ~ng by ~g ~n ~hi~ ~, ~pfia~ ~ng ~d ~ffefing ~d o~n spa~. SHORT TITLE This Ordinance shall b~ known and cited as the "FOREST GLEN OF NAPLES PLANNED UNIT DEVELOPMENT ORDINANCE". 1.2 SECTION II PROJECT DEVELOPMENT 2.1 PURPOSE The pmIx~ of this Section is to generally describe thc project plan of development, relationships to applicable County ordinances, the respective land uses of the tracts included in tl',e project, as well as offer project relationships. GENERAL Development of Forest Glen of Naples shall be in accordance with the contents of the PlanneA Unit Development document and applicable r~ections of the Collier County Land Development Code and Growth Management Plan in effect at the time of issuance of any development order, t~ch as but not limited to Final Subdivision Plat, Final Site Development Plan, Excavation Permit, and Preliminary Work Authorization. to which such regulatio,~ relate. Where these regulations fail to provide developmental standards, then the provisions of the most similar district in the County Land Development Code shall apply. Unless otherwise noted, the definitions of all terms shall be the same as the definitions set forth in the Collier County Land Development Code in effect at the time of buil~ng permit ~,pplication. All conditions imposed a~d all graphic material presented depicting restrictions for the development of the Forest Glen of Naples PUD shall become part of the regulations which govern the manner in which the PUD site may be developed. Unless modified, waived or excepted by this PUD, the provisions of the LDC, where applicable, remain in full force and effect with respect to the development of the land which comprises this PUD. Development permitted by the a.~,proval of this petition will be subject to concurrency review under the provisions of Division 3.15, Adequate Public Facilities, of the LDC at the earliest or next lo occur of either final SDP approval, final plat approval, or building permit issuance applicable to this development. 2.1 MAY 2 6 1998 DESCRIFrlON OF PROJECT PLAN AND PROPOSED LA. ND USES A. The project Master Plan, including layout of streets and use of land for the various tracts, is illustrated by Exhibit "A". the PUD Master Plan. The nature and extent of land uses within the project are indicated on Table I. The specific location and size of individual tracts and the assignment of dwelling units thereto shall be determined at the time of detailed site development planning or planing. Be The final size of the recreation and open space lands will depend on the actual requirements for water management, golf course layout, roadway pattern, and dwelling unit size and configuration. FOREST GLEN OF NAPLES LAND USE SUMMARY TABLE I Commercial "C" Residential "R" Golf Course Open Space MAXIMUM LAND USE INTENSITY SUMMARY D.U. s / Square Footage 100,000 799 N/A (I~ke.s, Landscape Buffers. Preserve & Recreation~ areas) ACRES 1o4. 1504. 385 _.+ Total 635 acres RELATED PROJECT PLAN APPROVAL REQUIREMENTS Ae Prior to the recording of a Record Plat, and/or Condominium Plat for all or part of the PUD, final plans of all required improvements shall receive approval of the appropriate Collier County governmental agency to insure compliance with the PUD Master Plan, the Collier County Subdivision Code, and the platting laws of the State of Florida. Exhibit "A", the PUD Master Plan, constitutes the required PUD Development Plan. Subsequent to or concurrent with PUD approval, a Preliminary Subdivision Plat, if applicable, shall be submitted for the entire area covered by the PUD Master Plan. Any divisioli ,.,f p~.~--.t,,~.,p~ d:,~ development of the land shall be in compliance w!th Division 3.2 of the Collier (~~ '~ Development Code. and the platting laws of the S~te of Florida. [ unv ~ ~, ,moo 2.7 C$ The provisions of Division 3.3 of the Collier County and Development Code, when applicable, shall apply to the development of all platted tracts or parcels of land as provide in said Division prior to the issuance of a building permit or other development order. The development of any ~ract or parcel approved for residential development contemplating fee simple ownership of land for each dwelling unit shall be required to submit and receive approval of a Preliminary Subdivision Plat in conformance with requirements of Division 3.2 of the Collier County Land Devclopment Code prior to the submittal of conslruction plans and a f'mal plat for any portion of the tract or parcel. Utility, road, public, private, easements shall be established as required during the SDP and/or plat approval process. Appropriate insla'uments will be provided at the time of infrastructure improvements regarding dedications and the method for providing perpetual maintenance of common facilities. MODEL HOMES / SALES OFFICES Model homes, sales centers and other uses and structures related to the promotion and sale of real estate ~uch as, but not limited to, pavilions, viewing platforms, gazebos, parking areas, tents, and signs, shall be permitted principal uses throughout Forest Glen of Naples PUD subject to the requirements of Section 2.6.33.4 of the Collier County Land Development Code. AMENDMENTS TO PUD DOCUMENT OR PUD MASTER PLAN Amendments may be made to the PUD as provided in the Collier County Land Development Code, Section 2.7.3.5. ASSOCIATION OF PROPERTY OWNERS FOR CO1VEMON AREA MAINTENANCE Common area maintenance will be provided by the Master Property Owners' Association. The Association is a legitimate alternative for the timely and sustained provision of quality common area infrastructure and maintenance under the terms and conditions of a County developments approval. For tho~ areas not maintained by the Mastt:.' Association, the Developer has created Property Owners' association(s), or condominium association(s), whose functions shall include provision for the perpetual maintenance of common faciiities and open spaces. The Master or the Property Owners' association, as applicable, shall be responsible for the operation, maintenance, and management of the surface water and stormwater management systems, and re.ryes serving Forest Glen of Naples PUD, together with any applicable pen'nits from Flor'ida Department of Environmental Protection. U.S. Army Corps of Engineers, and South Florida Water Management District. 2.3 ", 2 6 1998 2.8 2..9 DF, SIGN GUIDELINES AND STANDARDS O Thc Collier County Planned UnSt Development District is intended to encourage ingenuity, innovation and imagination in the planning, design and development or redevelopment of relatively large tracta of land under unified ownership or control, as set forth in the Collier County Land Development Code, Section 2.2.20.2.3. Tbe applicant has not ~t "stages" for the development of the property. Since the property is to be develol~l over an -,~timated ten (10) year time period, any projection of project development can be no mor~ that an estimate based on cur'rent marketing knowledge. The estimate may, of course, change depending upon future economic factors. GENERAg PERMn"TED USES Certain uses shall be considered general permitted uses throughout the Forest Glen of Naples Community PUD except in the Preserve District. General permitted uses ar~ those uses which generally serve the Developer and residents of Forest Glen of Naples PUD and are typically part of the common infrastructure or are considered community facilities. A. General Permitted Uses: Essential services as set forth under the Collier County Land Development Code, Section 2.6.9.1. O Water management facilities and related structures. 3. Temporary sewage treatment facilities. 4. Lakes including lakes with bulkheads or other architectural or structural bank treatments. 5. Guardhouses, gatehouses, and access control structures. 6. Community and neighk'f~rhood parks, recreational facilities, community centers. Temporary construction, sales, and administrative offices for the Developer and the Developer's authorized contractors and consultants, including necessary access ways, parking areas and related uses. Landscape features including, but not limited to, landscape buffers, ben'ns, fences and walls shall be in accordance with the Collier County Land Development Code in effect at the time permits are requested unless otherwise specified herein. Any other use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. '\ 2.4 1 I~AY ~ $199~I 2.10 2.11 2.12 B. Development Standards: Unless otherwise set forth in this document, the following development standards shall apply to structures: 1. Setback from back of curb or edge of pavement of any road - Fifteen feet (15') except for guardhouses, gatehouses, and access control structures which shall have no rccluired setback. 2. Setback from exterior prcrperry lines - One half (1/2) the height of the structure, minimum of twenty feet (20'). 3. Minimum distance between structures which are part of an architecturally unified grouping - Five feet (5'). 4. Minimum distance between unrelated structures - Ten feet (10'). 5. Minimum floor area - None required. 6. Minimum lot or parcel area - None required. 7. Sidewalks, bikepaths, and cartpaths may be placed within County r~uin:d buffers; however the width of the required buffer shall be increased proportionately to the width of the paved surface of the sidewalk, bikepath, or cartpath. 8. Standards for parking, landscaping, signs and other land uses when: st:ch standards not specified herein, are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan Approval. OPEN SPACES REQUIREMENTS The PUD Master Plan identifies approximately 375 acres included in the Recreation. Golf Course, Lanascape/Open Space, Lakes and Pre.-'erve District designations. These areas fully satisf-)' the open space requirements of Section 2.6.32 ol' the Collier County Land Development Code. NATIVE VEGETATION RETENTION REQUIREMENTS Twenty Five Percent (25%) of' the viable naturally functioning native vegetation on site shall be preserved. LANDSCAPING REQUIREMENTS A. A perimeter berm shall be in conformance with Section 2.4.4 of the Land Development Code. Trees and shrubs shall Ix: planted along the base of the berm so as to vi-~ appearance of the side of the berm. \ 2.5 MAY 2 6 1998 Ground cover on the side of' be berm shall form a dense attractive mat, and shall not require mowing. Trees shall be a minimum of 75% native species. Shrubs shall be a minimum of 35% native species. 2.6 3,3 3.4 SECTION III RESIDENTIAL "R" DEVELOPMENT AREAS PURPOSE Tl~ purpos~ of this section is to establish land use regulations and development standards for the t'~i~ d~velopment trac~ designated on Exhibit "A", the PUD Master Plan as "R". MAXI)8IIM DWELLING UNITS TI~ rrmximum number of dwelling unim permitted within the PUD is 799. The subj~t property contain., a gro~ acreage of 635 acres and base density of 1.27 dwelling units per gross acre. G~ DESCRIPTION Art~ d~i~ a~ "R" on the PUD Master Plan are designed to ac.x:ommodate a full range of r~idential dwelling unit types, compatible nonresidenti~ uses, a full range of recreational facilities, essential services, and customary accessory uses. Th~ ~:n'oxirna~ acreage of the "R" district is indicated on the PUD Master Plan. This acr~ge is based on conceptual designs and is approximate. Actual acreage of all development tracts will be provided at th~ tin~ of Sim Development Plan or Preliminary Subdivision Plat approvals in aceordanc~ with Division 3.3 and Division 3.2, respectively, of the Collier County Land Development Code. Residential ~ ar~ d~igned to accommodate internal roadways, open sp~t.~, parks and amenity areas, lakes and water management facilities, and other similar uses found in residential areas. USES PERMITTED A. principal Uses I. Single-family detached dwelling uniL~. 2. Single-family patio and :'.ero lot line dwellings. 3. Single-family attached and townhouse dwellings. 4. Two-family ~,d duplex dwcllings. 5. Multiple-family dwellings. 6. Any other principal use which is companble in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible in the "R" District. 3.1 MAY 2 6 1998 A~:ges$ory Uses O 1. Uses and structures customarily associated with principal uses permitted. 2. Guest houses, pursuant to Section 2.6.14 of the Collier County Land Development Code. 3. Common area recreational and utilitarian facilities. 4. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Semices Department Director determines to be compatible in the "R" District. 3.$ DEVELOPME~ STANDARDS A. Table H sets forth the development standards for land uses within the "R" Residential District. B. Site development standards for categories 1-5 apply to planed parcel boundaries. Co Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within the Forest Glen of Naples PUD, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal sLr'uctureS. Development standards for uses not specifically set forth in Table H shall be established during the Site Development Plan Approval as set forth in Division 3.3 of the Land Development Code in accordance with those standa.,'ds of the zoning district which is most similar :o the proposed Off street parking required for multi-family uses shall be accessed by par'king aisles or driveways which are separate from any roads which serve more than one development. A green space area of not less than ten feet (10') in width as measured from pavement edge to pavement edge shall separate any parking aisle or driveway from any abutting road. Single-family patio and zero lot ,ine dwellings are identified separately from single-family detached dwellings with conventional side yard requirements to distinguish these types of residences for the purpose of applying the development standards under Table II. Patio and zero lot line dwellings shall be defined as any t3'pe of detached single family structure employing a zero or reduced side yard as set forth herein. Housing structure types including lot orientation for single-family detached housing such as zero ' lot line versus non-zero lot line orientations may not be mixed. 3.2 TABLE H FOREST GLEN OF NAPLES COMMUNITY DEVELOPMENT STANDARDS FOR 'R' RF. SLDENTIAL AREAS S]3~IGLE PATIO & TWO FAMILY SINGLE F~.Y ~TI- ~D USES FAMIT.Y ZERO LOT 3d~'D DUPLEX ATTAC~D AND FA347].y ~ STA.NI)A.RI)S DETACH'ED LINE TOWNHOUSE DWELLU",,IGS Catelli I 2 3 4 5 Mhgmmm Lot Area 6,500 SF 5,000 SI:: 3,500 SF 5,000 SF I Ac Mitdmmn Lot Width '5 50' 40' 35'.4 40' I00, Mlnimum Lot Depth 100' 100' 100' 100' 100' Front Yard 20' .3 20' '3 20' .3 20' '3 20"3 Side Yard 5 0 or 5' .6 0 or 5' 0 or 5 i 5' Rear Yard 15' 15' 15' 15' 15' Rear Yard *1 5' 5' 5' 5' 5' Rear Yard Accessory 1 O' 1 O' 1 O' 10' 15' Maximum Building 35 feet 35 feet 35 feet 35 feet 35 feet Hdght *~ Distance Between Prtndpal Structures and I O' 0 or 1 O' 0 or I O' 0 or 1 O' 20' A~ry Structures Floor Area Min. (S.F.) IO00 SF 10OO SF IOfX) SF 850SF 750SF AB dlstant~ m~ In Me( un~ o(herwt~ nc(ed. el - ~l~l'yl'dl foe iw'Jnclpa! and n,c~-ts&ory structures ge lots and tracts which abut golf co~rse, lake. open space, or pres(rye artn~ Setbick fram lake foe lB {N'JidM and acc~moey nits may be O' pr(~vi<Uag architrctur'nJ b,ak treatment is Incaeporated into des, itu mind subject to written ~ groin PruJecl A. Ifl~ ~ il ~ by a public Hght-of-way, ~lback Is measured from the adjacent right-of, way IIr~. ~. lift{it parctl is ~ by a private road, st(back b mctl~red from the back nrcurb (if curbed) or edge of pavement (if new curbed). e2 - Bulkigssg ke4gbt shah be the vertical distance me~u~red from the first habitable flnbhed floor elevation to the uppe~mo~ finished ceiling MevatJon of the Multi-family dwelling unl~ whkh pr~ide for 2 parklnI space~ within an encto~.d garage per unit and provide foe tuest parking o~ber IWklie drive~ly$ may r~duce the front yLrd r,Kluirtment to 15' for the garage. e4 - E, Idl lillfefa iksp{ex uuft req~ir,~ a IQ( ar~a M{ocatl<m M' 3,500 SF for a total minimum I<X area of 7 90(} S.F. eS * Minimmm k~ ~llth may be red~x.d by 20% for cul-de-nac lots provided the minimum {o( area requirement is maintained. Z~II~ (e') ge a ml~Jmum M' five fee~ (5') ga eitheT rid( excep~ that wb(re the ~ero fe~t (0') yard nt:)tion is utilized, the oppo~te _, Ile~ I~l (lO') yard. Zero feet (O') yards may he used oe both ~ides of a ~ruc~ure provided (h&t the opposite ten foo~ (10') ~ wherews, n xero fl) skleysrd is estaMished aa 0,emil plan of tll the lots in the plat ah?lng building envetopas foe all of the loll s flat Cu~tomtr Services Department to ensure tirol a spin:Jag of ten f~..t {]0') between structuXres is maintai:.ed. 3.3 MAY 2 6 '{998 SECTION IV GOLF COUIL.RE, OPEN SPACE 4.1 4,2 PURPOSE The purpose of this Section is to set forth the uses permitted and development standards for the Golf Course Open Space tracts. The primary function and puqx~e of these tracts will be to provide aesthetically pleasing open areas, golf course and recreational facilities. Except in areas auflxaSzed for development, all good quality native trees and shrubs shall be protectrat and preserved wherever practicable. PERMI'YFED USES AND STRUCTURES No building or structure, or part thereof, shall be erected, altered or used, or land or water ~cl, in whole or in part, for other than the following: A. Permitted Principal Uses and Structures I. Golf courses and golf club facilities, including temporary golf clubhouses. 2. Tennis clubs, health spas, equestrian clubs, and other recreational clubs. 3. Project information and sales centers. Community and golf cour*~e maintenance areas, maintenance buildings, essential services, irrigation water and effluent storage tanks and ponds, water and wastewater treal~nent plants, utility pumping facilties and pump buildings, utility and maintenance staff offices. 5. Public administrative facilities. Open space ur, es and structures such as, but not limited to, boardwalks, nature trails, bikeways, landscape nur..,:ries, gazebos, boat and canoe docks, fishing piers, picnic areas, fimess trails and shelters. Any other principal use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. 4.1 4.3 B. Permitted Accessory Uses and Structures 1. Accessory uses and structures customarily associated with the principal uses permitted in this district. 2. Pro-shops, practice areas and ranges, golf cart barns, rest rooms, shelters, snack bars and golf course maintenance yards. 3. Retail establishments accessory to the permitted uses of the district such as, but not limited to, golf, t~nnis, and recreational related sales. 4. Restaurants, cocktail lounges, and similar uses intended to serve club rn~rnbers and club guests. 5. Shuffleboard courts, tennis courts, swimming pools, and all other ty~s of .accessory facilities intended for outdoor recreation. 6. Any other accessory use which is comparable in nature with the foregoing uses and which the Planning Services Department Director determines to be compatible. DEVI~LOPMENT REGULATIONS A. Principal structures shall be set back a minimum of twenty feet (20') from Golf Course / Open Space District boundaries and private roads, and twenty-five feet (25') from all PUD boundaries and residential tracts. B. Accessory structures shall Ix: set back a minimum of ten feet (10') from Golf Course / Open Space District boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts. C. Lighting facilities shall be arranged in a manner which will protect roadways and residential properties from direct glaze or unseasonable interference. D. Maximum height of structures I. Principal Structures - 2 stories or Thirty feet (30'). 2. Accessory Structures ,- I story or Fifteen feet (15"). E. Minimum distance between principal structures- Ten feet (I0'). F. Minimum floor area - None required. G. Minimum lot or parcel area - None required. \ 4.2 MAY 2 6 1998 L Parking for the community center/clubhouse shall be ~ ~ae.x~s per every one thousand (1 square feet of gross floor area, which shall be considered inclusive of the required golf course parking. Standards for parking, landscape, signs and other land uses where such standards are not specified herein, are to be in accordance with Collier County Land Development Code in effect st the time of Site Development Plan Approval. Unless otherwise, indicated, required yards, heights, and floor area standards apply to principal stru~. 4.3 MAY 2 6 1998 SECTION V PRESERVE DISTRICT PURPOSE The la:rpo~ of thiz Section ia to identify permitted usez and development sumdards for areas within Forest Glen of Naples Community designated on the Maztca' Plan az Preserve District. GENERAL DESCRIPTION Areaz designated az Preserve on the Master Plan are deaigned to ~,commrxtate a full range of conservation aral limited water management uses and functiona. The primary purtx:rse of the Preserve Di$1xict ia to retain viable naturally functioning wetland and upland sys~rna, to allow for reatoration and enharK:ement of impacted or degraded wetland systems, and to provide an open space amenity for thc enjoyment of Forest Glen of Naples Community residents. USES PERMITTED No building or structure or part thereof, shall be erected altered or used, or land used, in whole or in part, for other than the following, subject to Regional, State and Federal permits when required; A. Principal Uses 2. 3. 4. 5. 6. 7. 8. Parks, passive recreational areas, boardwalks. Biking, hiking, and nature trails. Golf can and Equestrian paths. Wildlife sanctua. D'. Pathways and or bridges, subject to appropriate approvals by permitting agencies. Recreational shelters and restrooms, in Prese~.e upland areas. Drainage, water management, and utilitarian facilities, subject to all needed permits. Any other accessory use which is co~nparable in nature with the foregoing uses and which' the Planning Services Department Director determines to be compatible. 5.1 MAY 2 6 1998 5.4 DEVELOPMENT STANDARDS A. Setback requirements for all structures shall be in accordance with Section 3.2.8.4.7.3, of the I~ Be C. D. F.. F. G. H. Collier County Land Development Code. Rear yards for principal and accessory structures on lots and tracts which abut a golf course, lake, non-jurisdictional open space or native vegetation preservation areas may be zero feet (0') except that an architectural bank treatment shall be incorporated in to design. Lighting facilities shall be arranged in a ma.-,ner which will protect roadways and residential prope~ from direct glare or unreasonable interference. Maximum height of structures - Twenty five feet (25'). Minimum distance between principal structures - Ten feet (I0'). Minimum distance between accessory structures - Five feet (5'). Minimum floor area - None required. Minimum lot or parcel area - None required. Standards for parking, landscaping, signs and other land uses where such standards are not specified herein or within adopted Forest Glen of Naples Community Design Guidelines and Standards, are to be in accordance with Collier County Land Development Code in effect at the time of Site Development Plan Approval. Unless otherwise indicated, required yards, heights, and floor area standards apply to principal structures. 5.5 PRESERVE DISTRICT CONSERVATION EASEMENT A non-exclusive conservation easement or tract is required by Collier County Land Development Code Section 3.2.8.4.7.3 for lands included in the Preserve District. In addition to Collier County, a non-exclusive conservation easement may also be required by other regulatory agencies with jurisdiction over Preserve District lands. In additiop to complying with provisions of the Collier County Land DeveloFment Code, said easement shall '~e provided in accordance with the terms set forth in any applicable permit granted by other agencies. The developer, its successor(s) or assigns, the Master Property Owners' Association shall be responsible for control and maintenance of lands within the Preserve District. 5.2 SECTION VI COMMERCIAL DISTRICT &l 6.2 PURPOSE The puzlx~ in this Section is to identify the conm',ercial uses and development standards applicable to tracts deaignated on Exhibit "A" as Commercial. USES PERMITTED The following usea, as identified with a number from the Standard Industrial Classification Manual (1987), or as otherwise provided for within this section, are permitted as of right, or as uses accessory to l:,¢rmitted u s. Unless otherwise provided for in this Section, all permitted uses of the C-2 Commercial Convenience District, Section 2.2.13 of the Collier County Land Development Code. 2. Apparel and Accessory Stores (groups 5611-5699). 3. Auto and Home Supply Stores (5531). ,, Business Services (groups 7311,7313, 7322-7338, 7361-7379, 7384, 7389 except auction~ring ~-rvice, field warehousing, bottle labeling, packaging and labeling, salvaging of damaged merchandise, scrap steel cutting and slitting). Eating Places (5812 only). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to locational requirements of Sec. 2.6. I0). 6. Depository Institutions (groups 6011-6099). e Drinking Places (5813 excluding bottle clubs). All establishments engaged in the retail sale of alcoholic beverages for on-premise consumption are subject to the locafional requirements of Sex. 2.6.10). 8. Food Stores (groups 5411-5499 except no roadside sales). Depository Institutions [groups 6021 - 6062 (Commercial Banks, Savings Institutions, and Credit Unions)]. 10. Gasoline Service Stations (group 5541 ), as described in Section 2.6.28 of the Collier County Land Development Code. !1. General Merchandise Stores (grovps 5311-5399).\ 6.1 MAY 2 6 1998 6.3 12. Group Housing, excluding Family Care Facilities, subject to Sec. 2.6.26 of the Collier County Land l~velopment Code. O 13. Home Furniture, Furnishing, and Equipment Stores (groups 5712-5736). 14. He. alth Services (,groups 8011 - 8049, 8082). 15. Hotels and Motels (group 7011). 16. Insurance Agents, Brokers, and Services (group 6411). 17. Legal Services (.group 8111 ). lg. Membenhip Organizations (groups 8611-8699). 19. Miscellaneous Repair Services (groups 7629-7631). 20. Miscellaneous Retail (groups 5912-5932 except pawnshops and all uses dealing with secondhand merchandise, 5941-5999). 21. Motion Picture Theaters, except drive-in (7832). 22. Paint, Glass, and Wallpaper Stores (5231 ). ~ 23. Personal Services (.group 7212 Dry cleaning and laundry pickup stations only, 7215, 7217, 7219 - 7261 except crematories, 7291). 24. Professional Offices, Medical Offices, and Management Consulting Services (group 8711 - 8748). 25. Public Administration (groups 9111-9199, 9229, 9311,9411-9451,9511-9532, 9611-9661). 26. Real Estate Agents and Managers (.group 6531). 27. Travel Agencies (group 4724). 28. United States Postal Service (4311 except major distribution centers) 29. Veterinary Services (groups 0742, excluding outside kenneling). 30. Video Tape Rental (7841). 31. Any other general commercial use which is comparable in nature with th-. foregoing uses. PERMFI"YED ACCESSORY USES IN STRUCTURES A. Accessory uses and structures customarily associat'~l with th~ uses permitted 6.2 Bo Essential services and facilities. DEVELOPMENT STANDARDS Principal structures shall be set back a minimum of fifty feet (50') from Golf Course\Open Space, Residential PUD boundaries, private and public roads. Be Accessory structures shall set back a minimum of ten feet (10') from Golf Course\Open Space boundaries and private roads, and twenty feet (20') from all PUD boundaries and residential tracts and public roads. Lighting facilities shall be ananged in a manner which will protect roadwa~ and residential properties from direct glare and u~onable interference. D. Maximum height of structures - Fifty feet (509. Minimum distance between principal or accessory structures which are a part of an architecturally unified grouping - Ten feet (10'). Fe Minimum distance between all other principal structures - None, or a minimum of mn fee~ (10') with unobstructed passage from front to rear yard. O. Minimum distance between all other accessory structures - Ten feet (10'). H. Minimum floor area - None required. I. Minimum lot or parcel area - None, required. Standards for parking, landscaping, signs and other land uses where such standards are specified herein are to be in accordance with the Collier County Land Development Code in effect at the time of Site Development Plan approval. Unless otherwise indicated required yards, heights, and floor area standards apply to principal structures. All buildings, lighting, signage, l,mdscaping and visible architecture infrastructure shall be architecturally and aesthetically unified, and shall comply with the Architectural and Site Design Guidelines and Standards of the Land Development Code. Said unified architectural theme shall include: a similar architectural design and use of similar materials and colors throughout all of the buildings, signs, and walls to be erected on the site. Landscaping and streetscape materials shall also be similar in design throughout the site. All buildings shall be primarily finished in light colors except for decorative trim. All roofs must be tile or metal and shall be lines on flat roofs, where tile or metal roofs are not feasible. A conceptual design my. stet plan shall be submitted concurrent with the first application for Site Development Plan approval demonstrating compliance with these standards. 6.3 MAY 2 6 1998 SECTION VI1 GENERAL DEVELOPMENT COMMITMENTS 7.1 7.;1 7.3 PURPOSE Th~ purpo~ of this Section is ~ set forth the development commitments for th~ development of the project. GENERAL All facilities shall be ~te,4 in strict acxordar, ce with Final Site D~vel~t Plans, Final Subdivision Plats, and all ai:,plicable State and local laws, codes, and regulation at~lieable to this PUD. Except where specifically notod or stated other-wise, the standards and specifications of the Land Dcwelopment Code, Division 3.2 shall apply to this project even if the land within thc PUD is not to be platted. The developer, his successor and assigns, shall be responsible for the commitments outlined in this document. The Developer, his successor or assignee, shall agree to follow the Master Plan and the regulations of the PUD as adopted, and any other conditions or modifications as may be agreed to in the rezoning of the property. In addition, any successor or assignee in title, is bound by the commitments within this agreement. PUD MASTER PLAN Exhibit "A", the PUD Master Plan. illustrates the proposed development and is conceptual in nature. Proposed tract, lot or land use boundaries or special land use boundaries, shall not be construed to be specific and may be adjusted during the platting or site development plan approval process. Subject to the provisions of Section 2.7.3.5 of the Land Development Code, PUD amendments may be made from time to time. Ail necessary easements, dedic;~iions, or other instruments shall be granted to insure the continued operation and maintenance of all service utilities and all common areas in the project Ce The following shall be considered minor changes and refinements, subject to the limitations of · PUD Section 7.3A: Reconfiguration of preserve areas, jurisdictional wetland limits, and mitigation features as a result of regulatory agency review. 7.1 ~AY 2 6 1998 7.4 7.5 7.6 Reconfiguration of lakes, ponds, canals, or other water management facilities where such changes are consistent with the criteria of the South Florida Water Management District and Collier County and where there is no further encroachment into preserve areas. 3. Reconfiguration of golf course envelopes and design features. 4. Internal realignment of rights-of-way other than a relocation of access points to the PUD. 5. Reconfiguration of residential parcels when there is no encroachment into preserve areas. $Cq-IEDULE OF DEVELOPMENT/MONITORING REPORT AND SUNSET PROVISION Initiation of construction on the Forest Glen of Naples project is contemplated in calendar year 1998 with completion of the golf course and project infrastructure anticipated to occur in calendar year 1998/1999. Marketing of commercial and residential sites and golf course memberships begin in calendar year 1998, and is expected to be concluded in calendar year 2008. Be Monitoring Report: An annual monitoring report shall be submitted pursuant to Section 2.7.3.6 of the Collier County Land Development Code. POLLING PLACES Pursuant to Section 2.6.30 of the Land Development Code, provision shr. ll be made for the future use of space within a common building for the purpose of accommodating the function of an electoral polling place. An agreement shall be recorded in the official records of the Clerk of the Circuit Court of Collier County, which shall be binding upon any and all successors in interest that acquire ownership of such common areas including, but not limited to, condominium association, homeowners associations, or community recreation / public buildings / public rooms or similar common facilities to be used for a polling place if determined to be necessary, by the Supervisor of Elections. SUBDIVISION REQUIREMENTS AND STANDARD DESIGN SUBSTITUTIONS Sidewalks/bike paths shall conI')rm with Subsection 3.2.8.3.17 of the LDC. Private streets shall conform with the right-of-way width requirements of Subsection 3.2.8.4.16.5 of the LDC except as follows: Cul-de-sacs and local streets less than one thousand feet (1,000') in length are required to have a minimum forty foot (40') right-of-way width and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.. 16.5. All other cul-de-sacs are required to have a minimum of forty feet (4.( width and two ten foot (10') wide travel la, es as required by Subs, ct \ 7.2 right-of-way n 3 MAY 2 6 1998 All other local streets are required to have a minimum forty feet (40') right-of-way and two ten foot (10') wide travel lanes as required by Subsection 3.2.8.4.16.5. W Cul-de-sacs may exceed a length of one thousand feet (1000') per Subsection 3.2.8.4.16.6 of the Land Development Code. Tangents between reverse curves shall not be required under Subsection 3.2.8.4.16.10. Street grades may exceed four percent (4%) under Subsection 3.2.8.4.16.14 provided that applicable Florida Department of Transportation, Manual of Uniform Minimum Standards (F'IX)T MUMS) and AASHTO criteria are met. LDC Subsection 3.2.8.3.19: The standard that street name markers shall be approved by the Development Services Director and conformance with U.S.D.O.T.F.H.W.A.MU.T.C.D. is waived. Street pavement painting, striping and reflective edging of main road system will be waived. Traffic circulation signage shall be in conformance with U.S.D.O.T.F.H.W.A.M.U.T.C.D. standards. 7.7 LDC Subsection 3.2.8.4.16.8: Thc minimum back of curb radii for internal roads shall be 30 ft. with the exception of both entrance road intersections which shall be 40 fl. TRANSPORTATION The development of this PUD Master Plan shall be subject to and governed by the following conditions: The Developer shall provide, consistent with Ordinance 82-91, left and right turn lanes on C.R. 951 and S.R. 84 at all project entrances to residential areas prior to the issuance of any certificate of occupancy. The Developer shall provide turn lanes and a median opening at approximately one-half mile south of the intersection of C.R. 951 and S.R. 84 prior to the issuance of any certificate of occupancy. Access to the commercial parcel via old S.R. 84 shall incorporate turn lanes for both eastbound and westbound movements along with collector road improvements to S.R. 84 between the access poi.~t and C.R. 951. The collector road improvements which may be necessary include road widening and application of asphalt friction surface. The Developer shall bear the cost of needed C.R. 951 intersection modifications on a fair share basis. All such improvements to old S.R. 84 shall be on a fair share basis with the Developer of the Toll Gate Commercial PUD. The Developer shall provide a fair share contribution toward the capital costs of any traffic signals necessary at project accesses when deemed warranted by the County Engineer. The signals shall be owned, operated, and maintained by Collier County. The Developer shall provide arterial level street lighting at all project accesses prior to the issuance of any certificate of occupancy for a building accessed from a project entrance. ,~oo~..~ MAY 2 6 1998 ?.3 2g=_Z~ -....... 7.8 Since future six ianing is projected for C.R. 951. and since such road improvements rrmy requir~ relocation of the existing canal to thc ea~t, an additional drainage casement may be necea,qary to be dedicated to the County along C,R. 951 with a maximum width of up to 50 feet (50') based on ~tual or conceptual road plans. The dedication of easement to the County will be of no additional cost to the County. Use of the drainage easement can be shared for both on-site water management and future road drainage when deemed necessary by Collier County. The development of this PUD Master Plan shall be subject to and governed by thc following conditions: A. Water distribution, sewage collection and transmission lines to serve the project are to be de. signed, constructed, conveyed, and/or owned and maintained in accoMat~e with Collier County Ordinance No. 97-17, as amended, and other applicable County rules and regulations. B. All customers connecting to the water disu-ibution and sewage collection facilities to be consu'ucted will be customers of thc County and will be billed by the County in accordance with the County's established rates. C. The on-site water distribution system serving the project must be connected to the District's water main and must be consistent with the main sizing requirements specified in the County's Water Master Plan and extended ttu'oughout the project. During design of these facilities, the following features shall be incorporated into the distribution system: 1. Dead-end mains shall include dead-end flushing hydrants. Stubs for future system interconnection with adjacent properties shall be provided to the property lines of the project at locations to be mutually agreed to by the County and the Developer during the design phase of the project. Do A water distribution system shall be constructed throughout the project development by the developer pursuant :o all current requirements of Collier County and the State of Florida. Water facilities constructed wiihin pl,:ted fights-of-way or within utility easements as set forth in Collier County Ordinance 97-1 7, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All water facilities constructed on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed water system must be reviewed and approved prior to commencement of construction. The developer shall, at his cost. extend the ! 2" force main which presently terminates at Naples Heritage to a point jusz South of SR 84. Said main shall be capped. 7.4 MAY 2 6 1998 A sewer distribution system shall be constructed throughout the project development by the developer pursuant to all current requirements of Collier County and the State of Florida. Sewe~ facilities constructed within platted rights,f-way or within utility easements as set forth in Collier County Ordinance 97-17, shall be conveyed to the County Water/Sewer District for ownership, operation and maintenance. All sewer facilities constructext on private property and not required by the County to be located within utility easements shall be owned, operated and maintained by the developer, his assigns or successors. All construction plans and technical specifications and proposed plats, if applicable, for the proposed sewer system must be reviewed and approved prior to commencement of construction. ENVIRO~NTAL Th~ de,,'elopment of this PUD Master Plan shall be subject to and governed by the following conditions: A. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit Rules and be subject to review and approval by Current Planning Environmental Review Staff. Removal of exotic vegetation shall not be the sole means of mitigation for impacts to Collier County jurisdictional wetlands. B. All conservation areas shall be designated as conservation/preservation tracts or easements on construction plans and shall be recorded on the plat with protective covenants per or similar to Section 704.06 tir the Florida Statutes. Buffers and setbacks shall be in accordance with 3.2.8.4.1.3 of the Collier County Land Development Code. C. Buffers around preserved jurisdictional wetlands shall be in accordance with the State of Florida Environmental Resource Permit Rules. Preserved jurisdictional wetlands and surrounding buffers shall be incorporated in Conservation Areas which shall be platted. D. An exotic vegetation removal, monitoring, and maintenance (exotic-free) plan for the site, with emphasis on the conservation/l :eservations areas, shall be submitted to Current Planning Environmental Review Staff fa: review and approval prior to final site plan/construction plan approval. E. Petitioner shall comply with the guidelines and recommendations of the U.S. Fish and Wildlife Service (USFWS) and Florida Game and Fresh Water Fish Commission (FGFWFC) regarding potential impacts to protected wi!dlife species. Where protected species are observed on site, a Habitat Management Plan for those protected species shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/construction plan approval. 7.5 MAY 2 6 1998 7.10 ENGINEERING Detailed paving, grading, site drainage and utility plans shall be submitted to the Planning Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by the Planning Services Director. Be Design and construction of all improvements shall be subject to compliance with all applicable provisions of the Collier County Land Development Code, including those set forth in Division Three (3). The developer, and all successors in interest to the developer, are hereby placed on notice that they shall be required to satisfy the requirements of all County development ordinances or code~ in effect prior to or concurrent with any subsequent development order relating to this site, including Site Development Plans and any other application that will result in the issuance of a final or local development order. 7.11 7.12 WATER MANAGEMENT Ao Detailed paving, grading and site drainage plans shall be submitted to the Development Services Director for review. No construction permits shall be issued unless and until approval of the proposed construction in accordance with the submitted plans is granted by Planning Services Director. Bo Design and construction of all improvements shall be subject to compliance with the appropriate provisions of the Collier County Land Development Code. Ce Landscaping shall not be placed within the water management areas unless specifically permitted by the Collier County Land Development Code. An excavation permit shall be t,:quired for the proposed lake in accordance with Division 3.5 of the Land Development Code an,t South Florida Water Management District Rules. PLANNING he Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity a historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. ACCESSORY STRUCTURES principal structure except that temporar/sales buildings, t~ailers, r,',arketing facilities, 7.6 ~Y 7.14 ~e ~d office facilities and thc like, may be ~rected and utilized during thc period of project development and marketing. Such temporary buildings shall be removed upon completion of the mar~ting or construction activity which they are aext..tsory to. SIGNS All county sign regulations shall al:~ly unless such regulations are in conflict with the conditions set forth in tiffs section. Be For ~ purpose of this PUD Document/Ordinance, each platted parcel shall be considered a separate parcel of land and shall be entitled to any sign as permitted herein. Should any of the signs be requested to be placed within the public right-of-way, a right-of-way permit must be applied for and approved. D. All signs shall be located so as not to cause sight distance problems. Ao Two (2) signs with a maximum area of 40 square feet each orone (1) sign with a maximum area of 100 square feet shall be permitted at each entrance of the developmen~ Entrance signs shall not exceed a height of fifteen (15) feet above the finished ground level of the sign site. Entrance signs may be lighted provided ali lights are shielded in a manner which prevents direct glare into the vision of drivers using the adjacent streets or going into adjacent residences. Project signs, designed to promote Forest Glen of Naples project, or any major use within the project shall be permitted along the east side of CR 951, the south side of SR 84 and on all land tracts within Forest Glen of Naples limits subject to the following conditions: 1) Project signs shall not exceed a height of twenty (20) feet above the finished ground level of the sign site nor may the overall area of the sign face exceed one hundred (100) square feet. 2) A maximum of four (4) project signs shall bt.: permitted. Two (2) signs shall be located along SR 84 frontage and two (2) shall be located along CR 951 frontage. The location of such signs shall generally be limited to a ' requirement unless existing vegetation requires a somewhat cl~ 7.7 7.15 7.16 3) Project signs may be lighted provided all lights are shielded in a mmugr which prevents direct gl,'u~ into the vision of drivers using the ~jaccnt streets or going into adjacent residences. LANDSCAPING FOR OFF-STREET PARKING AREAS All landscaping for off-street parking areas shall be in accordance with thc Division 2.4 of the Collier County LaM Development Code in effect at the time of building permit application. PROVISION FOR OFF-SITE REMOVAL OF EARTHEN MATERIAL The excavation of eat, hen material and its stockpiling in preparation of water management facilities or other water bodies is hereby permitted. If it is demonstrated that fill activities on those buildable portions of the project site are such that there is a surplus of earthen material, then its off-site disposal is also hereby permitted sub)ect to the following conditions: Ao Excavation activities shall comply with the definition of a "development excavation" pursuant to Division 3.5 of the Land Development Code whereby off-site removal shall be limited to ten percent (to a maximum of 20,000 cubic yards) of the total volume excavated unless a commercial excavation permit is received. All other provisions of said Division 3.5 are applicable. 7.8 MAY 2 6 1998 ILl (:3 MAY 2 6 1998 EX ECUTi VE SUMMARY PETITION NO. PUD-95-3(I), R..J. WARD, P.E., OF SPECTRUM ENGINEERING, INC., REPRESENTING lOl-n,,l I. NEVINS, BISHOP OF DIOCESE OF VENICE, REQUESTING AN' AMENDMENT TO THE FOUNDER'S PLAZA PUD FOR. THE PURPOSE OF ALLOWING CHURCHES AS A PEKMITTED USE AND INCREASING THE ~ BUILDING HEIGHT FOR CHURCHES FROM 25 FEET TO 45 YEET FOR PROPERTY LOCATED IN THE FOUNDERS PLAZA PUD, ADJACENT TO GOLDEN GATE PARKWAY (CR-886), BETWEEN 53a~ STREET SOUTHWEST AND 52''¢° TERRACE SOLITHWEST, IN SECI1ON 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMP/,2q'ION TO PETITION CU-98- ) This petition seeks to amend the Founders Plaza PUD for the purpose of allowing churches as a permitted usc and increa~in8 the ma×imum building height for churches from 25 feet to 45 feet. CONSIDERATIONS: Specifically, St. Elizabeth Seton has a contract to purchase Lots 1-4 of Block 207, Unit 6 and Lots 4-6 of Block 206, Unit 6, in order to build a 1,090 seat church and associated parking. Themproposed church would replace St. Elizabeth Seton's existing church located to the north across 28 Avenue S.W. The proposed i,090 seat church and associated parking will be developed contiguous to the north side of Golden Gate Parkway. A median cut, deceleration lanes and sidewalks have been designed for vehicular and pedestrian access into the site. Positioning the new church in concert with the proposed transportation improvements adjacent to Golden Gate Parkway should eliminate a majority of the local traffic movement thru the residential r, eighborhood surrounding St. Elizabeth Seton's existing church. The departure fiom a maximum building height of 25 feet is germain to churches only. The Golden Gate Parkway Professional Office Cor~mercial District contemplates a professional office and commercial environment with conventicnal one and two story' buildings, developed with similar architectural styles. Churches to the contrary are generally designed as grandiose structures, which have multiple embellishments, roof lines, windows and perspectives and typically take on a different architectural flavor from conventional office buildings. This being the case, the petitioner is requesting an increase in the maximum building height for churches only. The adjacent property owners are expecting the site to be developed commercially with iow intensity land uses. Development of a ch::rch in lieu of commercial uses will decrease the intensity of the site from what is now considered a professional office commercial district to that of a church desi,gnation, which will ultimately provide a substantial reduction in trip .generation ,,,,4thin the radi~C~t~kk~oxpm~ influence. MAY 2 G 1998 In the opinion of staff, the added u~ authorization and height variance does nothing to change any level of service relationship that was delermined consistent when this PUD was first approved, nor does the use of property by a church adversely affect the residential area to the north to any greater extent than the currently authorized uses. The Collier County Planning Commission reviewed this petition on May 7, 1998 at their public heating . and recommended approval of the petition 8-0 No members of the public spoke in opposition to or in favor of the petition. FISCAL IMPACT: This amendment by and of itself ufill have no fiscal impact on the County. However, ifthis amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of bu;Iding permits to help off-set the impact of each new development on public facilities. These impact fetes are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWI'H MANAGEMENT IMPACT: The Founders Plaza PUD, was first approved on February 27, 1996 (Ordinance Number 96-5) as a professional office and commercial PUD. The subject project is located vfithin the Urban Designated Area and in the Golden Gate Parkway Professional Office Commercial District of the Golden Gate Area Master Plan. The provisions of this district are intended to provide Golden Gate City with a viable Professional Office Commercial District, 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 commercial district are generally Iow intensity commercial and office type uses which will minimize vehicular traffic and control ingress and egress. The district's development regulations ensure suitable landscaping and buffering compatibility with abutting residential districts, and architectural control The petitioner's project incorporates all of tt'e design criteria into the proposed amendment which for all intent and purposes proposes a development plan for a church. The PUD Master Plan limits ingress/egress access onto Golden Gate Parkway at the existing median opening and at 52'a Terrace S.W. The PUD Master Plan also incorporales deceleration lanes, controlled access points, lighting sidewalks, landscaping, buffers, access easements and shared parking. Public utilities, including water and sewer are available to the site. A review by appropriate staff has indicated that this petition has been designea to account for the nec~sary relationships dictated by the Golden Gate Parkway Professional Office Commercial District and the GMP. Where appropriate, stipulations have been generated to ensure consistenc~' with the GMP. However, please be advised that the revised Golden Gate Area Master Plan found not in compliance by the Department of Corr, munity Affairs and is schedul, d for ad~ija~t{ve MAY 2 6'1998 2 heating May 4-8, 1998. This means that the GGAMP as it was revised to include churches as a permitted use in the Golden Gate Parlo,~ay Professional Office Commercial Subdistrict is not effective. Therefore, in order for this petition to proceed, a finding of consistency with the currently adopted Golden Gate Area Master Plan is required. The language in the adopted Golden Gate Area Master Plan provides that the Professional Office District is a Focal point for the downtown area and that other commercial uses that are not specifically listed, but are comparable in nature and compatible, may be permitted within this District. The Planning Commission and the Board of County Commissioners would be required to find that a church is consistent with the Golden Gate Parkway Professional Office Commercial District. Attached is a copy of the adopted GGAMP and the revised Plan which is not yet ¢4~f'ecaive. The intent is to specifically allow churches in this District as a permitted use in the revised Also during the public hearing, the petitioner requested that the maximum building height of 25 feet be amended to 45 feet for churches only. The proposed church as illustrated is approximately 45 feet tall and requires a variance from the maximum building height of 25 feet as indicated in the Golden Gate Parkway Professional Office Commercial District and Founders Plaza PUD Document. The Planning Commission voted favorably to amer:d this development standard to 45 feet for churches only. Staff recognizes the petitioner's request as a part of this executive summary package and attached ordinance. Traffic Circulatio_n~ Staff has reviewed the petitioner's request and has the following comment: The petitioner is proposing to develop the site with a church with 1,090 seats. The ITE Trip Generation manual indicates that the church expansion will generate 770 trips on a Sunday and 196 trips during the A.M. Peak Flour. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Golden Gate Parkway as a 4 lane arterial road. The current traffic count is 14,037 and is operating at LOS "A". It should be noted that this segment is not projected to be deficient within the next five years. Therefore nc road improvement to 6 lane this segment is required for concurrency purposes. Therefore, this petition complit~; with Policy 1.3 and 1.4 ofthe TCE. HISTORIC/ARCHAEOLOGICAL FMFACT: Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted PLANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends that the Board of Cou~ approve Petition PUD-95-3(1), having the effec~ of adding "churchei' to the list increasing the building height for churches from 25 feet to 45 Feet. 3 Co wqi rs )erm 't J l L e'ld d MAY 2 6 1998 PLANNING MANAGER ~.~~~~~ ~ -AICP SERVICES D~PARTMENT DIRECTOR VINCENT A. CAUTERO, AIL"P, ADMINISTRATOR COMMU'N1TY DEV. AND ENVIRONMENTAL SVCS. I:KJI~gS-.~(I) EX SUIv{34ARY/rrvl ~A~ t DATE DATE DATE MAY ?, 6 1998 AGENDA ITEM 7-D TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES APRIL 9, 1998 PETITION NO: PUD-95-3(I), FOUNDERS PLAZA PUD (COMPANION TO PETITION CU-95-1) OWNER/AGENT: Agent: OwTicr: R. J. Ward P.E. Spectrum Engineering Inc. 1342 Colonial Blvd., Suite 32 Fort Myers, Florida 33907 John J. Nevins, Bishop of Diocese of Venice 1000 Pinebrook Road Venice, Florida 34292 P~OUESTED ACTION; This petition seeks to amend the Founders Plaza PUD for the purpose of allowing churches as a ~EOGRAPHIC LOCATION: ~ proje~ is located in Golden Gate City, adjacent to Golden Gate Parkway (CR-886), between 53'a Str~ Southwest and 52'" Terrace Southwest, in Section 28, Township 49 South, Range 26 East, Collier County, Florida. PURPOS~~p~ON OF PROJECT: The amendment is for the singular purpose of allowing a church on thc subjecx property. Specifically, St E/lzabeth Scion has a contract to purchase lots 1-4 of Block 207, Unit 6 and lots 4-6 of Block 206, Unit 6, in order to build a 1,090 seat church and associated p. church would replace St. Elizabeth Seton's existing church located to the no~ MAY 2 6 1998 Oo C: ! I -i ~AY 2 6 19~-- il / ,,! ! m PUD 95-3(!) MAY 2 6 1998 i 11 MAY :~ $1998 The proposed 1,090 seat church and associated parking will be developed contiguous to the north side of Golden Gate Parkway. A median cut, deceleration lanes and sid~valks have been designed for vehicular and pedestrian access into the site. Positioning the new church in concert with the proposed transportation improvements adjacent to Golden Gate Parkway should eliminate a majority of the local traffic movement thru the residential neighborhood surrounding St. Elizabeth Seton's existing church. SURROUNDING LAND USE AND ZONING: Existing: The existing site is undeveloped and zoned PUD. This propcrty is located within the Golden Gate Parkway Professional Office Commercial District. Surrounding: North - To the north of the subject property is developed with St. Elizabeth Seton's church, school, rectory and play fields. The subject property is zoned RSF-3 and RMF-12. East - To the east of the property is 52~ Terrace S.W. East of the right-of-way is undeveloped RMF-12 property and a commercial shopping center. South - To the south of the project lies Golden Gate Park-way. South of the fight-of-way is the remainder of Founders Plaza PUD. West - To the west of the project is the Santa Barbara Canal. West of the canal is undeveloped property also located within the Founders Plaza PUD. GROWTH MANAGEMENT pI,/BN QON[ISTENCY; The Founders Plaza PUD, was first al. proved on February 27, 1996 (Ordinance Number 96-5) as a professional office and commercial PUD. The subject project is located within the Urban Designated Area and in the Golden Gate Parkway Profer~ional Office Commercial District of the Golden Gate Area Master Plan. The provisions of this dia~aict are intended to provide Golden Gate City with a viable Professional Office Commercial ~ct, 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 commercial district are generally low interanity commercial and office type uses which will minimize vehicular traffic and control ingress and egret. The district's development regulations ensure suitable landscaping and buffering, compatibility with abutting residential districts, and architectural control. 2 MAY 2 6 1998 The petitioner's project incorporates ali of the design criteria into the proposcd amendment which for all intent and purposes proposes a development plan for a church. The PUD Master Plan limits in,egress access onto Golden Gate Paric~'ay at the existing median opening and at 52'" Terrace $.W. The PUD Master Plan also incorporates deceleration lanes, controlled access points, lighting, sidewalks, landscaping, buffers, access easements and shared parking. Public utilities, including water and sewer are available to the site. A review by appropriate staff has indicated that this petition has be~x designed to account for the necessary relationships dictated by the Golden Gate Parkway Professional Office Commercial District and the GM?. Where appropriate, stipulations have been generated to ensure consistency with the GMP. Therefore, this petition has been deemed to be consistent with the GMP. Traffic Circuli~ti0n Element: Staff has reviewed the petitioner's request and has the following comment: The petitioner is proposing to develop the site with a church with 1,090 seats. The ITE Trip Generation Manual indicates that the church expansion will generate 770 trips on a Sunday and 196 trips during the A.M. Peak Hour. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI), Therefore, the project is consistent with Policy 5.I and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Golden Gate Parkway as a 4 lane arterial road. The current traffic count is 14,037 and is operating at LOS "A". It should be noted that this segment is not projected to be deficient within the next five years. Therefore no road improvement to 6 lane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. HISTO~C/~CHAEOLOGICAL IMPAq: Pursuant to Section 2.2.25.8.1 of the Land Development Code, if, during the course of site cleating excavation or other' construction activity an historic or archaeological artifact is found, ail development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Depar~ent contacted. FV~UATION FOR E~RONME'qT~, T~SPORTATtON ~ ~$TRU~: The subject petition was referred to all appropriate County agencies with jtwisdictional oversight for elements of the Growth Management Plan for their review. Staff has determined that no level of service (LOS) standards will be adversely affected by this request and is consistent with the Growth Management Plan. The proposed ordinance is intended to amend Ordinance 96-5 by specifying that a church is a permitted land use. Thc proposed PUD amendment should have no impact on nearby property owners. 3 1998 I] Thc property owners are expo:ting the site to be developed commercially with Iow intensity office type land uses. Development ora church in lieu ofcommercial uses will decrease the intensity ofthe site fi'om what is now considered a professional office commercial district to that of a church designation, which will ultimately provide a substantial reduction in trip generation. In the opinion of surf, the added use authorization does not change any level of service relationship that was determined consistent when this PUD was fu'st approved, nor does the use of property by a church adversely affect the residential area to the north to any greater extent than the currently authorized uses. STAFF RECOMMI~NDATION; Staff recommends that the Collier County Planning Commission (CCPC) forward Petition PUD-g5- 3(1) to the Board of County Commissioners with a recommendation for approval. PP~AKED BY: BRYAN I~[LK INCIP.t~L PLANNER ~2)NALD F. NI~6,~CP ' - ~ PLUG ~AGE~ ~C~ ~ CAIRO, ~, ~~S~TOR CO~ DEV. ~ E~O~~ SVCS. DATE DATE DATE Petition Number PUD-95-3(1) SUffReport for the May 7, 1998 CCPC meeting. COLLIER COUNTY PLA~IING COMMISSION: MICHAEL A. DAVIS, t-'HAm.MAN PUD-95-3(I)STAFF REPORT/md 4 MAY 2 6 1998 I Pil. ------- Memorandum TO: FROM: DATE: RE: Bryan Milk, Project Planner Barbara A. Cacchione, Comprehensive Planning Manager May 4, 1998 Founder's Plaza PUD amendment (PUD-95-3(1) and CU-98.-1) Please be advised that the revised Golden Gate Area Master Plan (GGAMP) has been found not in compliance by the Department of Community Affairs and is scheduled for administrative headng May 4-8, 1998. This means that the GGAMP as it was revised to include churches as a permitted use in the Golden Gate Parkway Professional Office Commercial Subdistdct is not effective. Therefore, in order for this petition to proceed, a finding of consistency with the currently adopted Golden Gate Area Master Plan is required. The language in the adopted Golden Gate Area Master Plan provides that the Professional Office District is a focal point for the do,,~town area and that other commercial uses that are not specifically listed, but are comparable in nature and compatible, may be permitted within this District. The Planning Commission and the Board of County Commissioners would be required to find that a church is consistent with the Golden Gate Parkway Professional Office Commercial District. I have attached the language of the adopted GGAMP and the revised Plan which is not yet effective. The intent is to specifically allow churches in this Distdct as a permitted use in the revised GGAMP. If you have any questions, please let me know. Ron Nino, Current Planning Manager Bob Mulhere, Planning Services Director MAY 2 6 the parcel in question was not created to take advantage of the in-fill residential density. Roadway Access o~ 1. If the project has direct access to two or more arterial collector roads as identified in the Traffic Circulation Element, one residential dwelling unit per gross acre may be added. Density credits based on future roadways will be awarded if the developer commits to construct a portion of the roadway (as determined by the County Transportation Services Division) or the road is scheduled for completion during the first five years of the Capital Improvement Schedule. If the project fails to interconnect with all existing projects when physically possible and fails to provide inter- connection with all future adjacent projects when physically possible, i dwelling unit per gross acre shall be sub- tracted. CONDITIOn0: In no case shall the maximum permitted density exceed 16 residential dwelling units per gross acre; and (VI) 2. Group housing which may include the following: Family Care Facility, Group Care Facility, Care Units, Adult Congregate Living Facilities and Nursing Homes, shall be permitted within the Urban Mixed Use District and Urban Commercial Districtssubject to ~ definitions and regulations as outlined in the Collier County Development Code (Ordinance 91-102, adopted October 30, 1991 and consistent with locational requirements ~n Florida Statutes (Chapter 419.01F.S.). Family Care Facilities which are residential facilities occupied by not more than six (6) persons shall be permitted in residential areas. ~;~. (}OLDEN GATE PARK~AY PROFESSIONAL OFFICE COHHERCIAL DISTRICT (IX) The provisions of this district (see Map 2) are intended to provide Golden Gate City with a viable Professional Office Commercial District. The Professional Office Commercial District has two purposes. First, to serve as a bona-fide entry way into Golden Gate city. Secondly, to provide a community focal point and sense of place. The uses permitted within this district are generally iow intensity, office development which will minimize vehicular traffic, provide suitable landscaping, control ingress and egress, and ensure compatibility with abutting residential districts. Development Criteria for the district are as follows: A. Permitted principal uses and structures: me Art, Graphics and Design Studios; Business and Real Estate Offices; Dog. Reft MAY 2 6 1998 MAP Z (Revised) COLDEI~I CATE PARK'~AY' PiTOFESSIOIVAL OFFICE COJ~JlERCIAI, DISTItlCT I I'1"1' L-J (XZT) - Plan Amendment: I ~.---- ...... _LL _-'- ,-~: - -- J--. - 95-1 adopted ~AY 2 6 19.q8 TT'-Oc'di nance -gS-12 on Hatch 14, 1995 3. Mortgage ~roker~; Be (zz) c. (z) 5. 6. 7. Professional Offices; Financial institutions; Sit dowt~ restaura~ts; and Any other professional or commercial use which ii comparable in nature with the foregoing uses and which the Community Development Administrator or him dimity'nee determines to be compatible in this district. Minimum project area shall be two (2) acres. Projects shall be encouraged in the form of a PUD (there shall be no minimum acreage requirement for PUD rezones except for the requirement that all requests for rezoning must be at least forty thousamd (40,000) square feet In area unless the proposed rezone is an extension of an existing zoning district consistent with the Golden Gate Areal(alter Plan). Je Access points shall be limited to I per 450 feet colalmencing at center line of Santa Barbara Boulevard. Access to projects shall be provided exclusively via Golden Gate Parkway. Projects shall make provisions for shared parking arrangeO ments with adjoining developments. Projects shall provide deceleration, and acceleration lanes. Projects shall encourage pedestrian traffic by providing sidewalks. Adjacent projects shall coordinate location of sidewalks. Buildings shall be set back from Golden Gate Parkway a minimum of 40 feet. Buildings shall be set back from rear lot line a minimum of 25 feet. Ke Ten (10) foot buffer required in item M sh~ Buildings shall nave a maximum height of twenty five (25) feet plus ten (10) feet for under building parking. Each project shall be limited to .owe sign not to exceed 20 square feet and six (6) feet in height. No flashing or mechanical signs shall be allowed. Signs shall be located at a minimum of 15 feet from the right-of-way. Project shall provide a 10 foot buffer between vehicular right-of-way and required sidewalk. - x~ - MAY 2 6 1998 D(~. Refl 4iXSIMA/GM (XX)p. scaping of one (1) shade tree per thirty (30) linear feet. Such trees shall be minimum of eight (8) feet in height and one and one-half (1%) inches in diameter at the time of planting that shall have a minimu= canopy of fifteen (15) feet at maturity. In addition, a hedge or berm planting combination shall be planted along the entire length of this ten (10) foot buffer consistent with the Zoning Ordinance. A minimum of ten (10) percent of the gross vehicular use area shall be landscaped to provide visual relief. One (1) tree, as described in item N, shall be provided for each seventy- five (75) square feet of this landscaped area. This land- scaping shall be placed within the vehicular use area. Project shall be required to provide off street parking. Central Water and Sewer facilities shall be available prior to development. Owners of isolated lots existing at the date of adoption of this Haster Plan may petition the Board of Zoning Appeals for a variance from the standards in this District as will not be contrary to the public interest when owing to special conditions peculiar to the property, a literal enforcement of these standards would result in unnecessary and undue hardship. (Ix) The p~ocedures and standards for granting such variances shall be as follows (similar to those set forth in the Collier County Land Development Code (Ordinance 91-102, adopted October 30, 1991). A variance may be granted if the above stated condition occurs including the following: the variance shall not confer on the petitioner special privileges denied to others in the same zoning district; the variance shall not be injurious to the surrounding neighborhood or otherwise detrimental to the public welfare; and the variance shall be the minimum variance that makes possible a reasonable use of the land, building or structure. B. Urban Comm~rc~a~ Districts 1. activity Center The Activity Center designated on the Future Land Hap is intended to accommodate new commercial zoning.within the Urban Designated Area. The Activity Center concept is designed to concentrate new and exist- ing 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. The size and configuration of the Activity Center is out- lined on Hap 3. · · Activity Centers are intended to be mixed-use in character. The actual mix of the various land uses (i.e., commercial, residential, institutional) shall be. determined during the rezoning process based on consideration of the following factors: The amount, type and locations of existinc Activity Center; Doc,. 4.xs/ ax_ ..... ' '~ ~- *~- r~,,:-, r~.~./ L""'" "'-'-'""-'----* r...~ (~;~ Oolden Gate Pa~ay P~essionaI ~ce Comm~lal Su~{~ ~$ pm~,ions of,~hjs di~d~ (S~ Map ~ O) am intend~ to pm~de ~olden Oate C~ ~ a ~able ~mfe~sional QffiCe Commeroal Dis~. ~e Professional ~mmemal Ois~ has ~ pu~oses: * t~ se~ a~ a ~na-fide en~ way into ~olden Gate Ci~; . !~ ~md~ a mmmun~ fo~.! point and ~n~ of plato. ~e uses pe~ed ~i~ ~is dis~ am flenemlly I~ intense, offi~ de~lopment and ins~ionai ~pe usw ~, su~ as ~U,~es, ~i~ ~11 minlm~e ~hi~iar ~C p~e suitablo.lands~p=n~. ~n~l in,mss and e~mss, and ensure 23 1998 COt. DgN CATg PAI~A~ PROI~£$$iONAi. O~ICg CO~IM~IAI, I I~AY g 6 1,c38 JJ~J JJJ KEY~PR~S~ C~, BLDG. D · 1342 COLONIAL BLVD · SUITE 32 · FORT MYERS, FL33907 May 7, 1998 Mr. Bryan Milk Community Development Div. Collier County Government 2800 North Horseshoe Drive Naples. FL 33942 RECEIVED RE: St. Elizabeth Seton Dear Mr. Milk I wish we had had more time to confer before the Planning Commission hearing this morning. I know that the proposed church site and building are a part of the record, but there are words in the resolution which conflict with the graphic depiction. I'm sure the concerns I expressed regarding the text of the Founders Plaza PUD resolution are really nothing, but; would be more cornfor~able if the text of the resolution were suitably amended. Enclosed please find two copies of the Founder's Plaza PUD with suggested revisions highlighted in yellow. This is the same as that which accompanied the original application. The ~oposed amendments are quite minor and will only take a moment of your time to review. In add~on to Section 3.3.A mentioned in the hearing agenda, I am particularly concerned about Se(.'~ons 3.4.F Maximum Heights, 4.8.E vehicular access, and 4.9.A, architectural features. Thank you for your attention to th~s matter. Yours b'uly, MAY 2 6 1998 CML * ENV~RONMEHTAL · LAND DEVELOPMENT CONSULTANTS DATE APPLiCATiON FOR Pb-BLiC HEARING FOR PUD AMENDMENT/DO ~2~F, ND~T COM/4/RIITY DEVELOPMENT DIVISION PLANNING SERVICES Name of Applicant(s) John J. Nevinsr Bishop of the Archdiocese of Venice. Applicant's Mailing Address 1000 pinebrook~oad City Fort Myers State Florida Zip 34292 Applicant's Telephone'Number: Res.: 484-9543 Bus.: 484-9545 Is the applicant the owner of the subject property? Yes No · ff2%. (a) If applicant is a land trust, so indicate and name beneficiaries below. N/A (b) If applicant is corporation other than a public corporation, so indicate and name officers and major stockholders below. .N/A. (c) If applicant is a partnership, limited partnership or other business entity, so indicate and name principals below. g/A (d) If applicant is an cwner, indicate exactly as recorded, and='ist all other owners, if any. N/A (e) If applicant is a lessae, attach copy of lease, and indicate actual owners if not indicated on the lease. (f) If applicant is a contract purchaser, attach copy of contract, and indicate actual owner(s) name and address below. Avatar Properties, Inc. P.O. Box 5~30Qu, Miami, F]~___~ ..-3000 (If space ls inadequate, attach on separate page.) Name of Agent R.J. Ward Firm Spectrum Enq~neerinq, Inc. Agents Mailing Address 1342 Colonial Blvd. suite City Fort Myers Telephone Number: Res.: N/A State Florida Bus.: lip 41 -277-%J 3. PUD ORDINANCE NAME AND NUMBER: Founder's Plaza Ordinance #96-5 4. DETAILED LEGAL DESCRIPTION OF TF.E PROPERTY COVERED BY THE APPLICATION (If space is inadequate, attach on separate page. If request involves change to more than one zoning district, include separate legal description for property involved in each district. If property is odd-shaped, submit five (5) copies of survey (1" to 400' scale)· THE APPLICANT IS RESPONSIBLE FOR SUPPLYING THE' CORRECT LEGAL DESCRIPTION. IF QUESTIONS A~ISE CONCERNING THE LEGAL DESCRIPTION, A~ ENGINEER'S CERTIFICATION S:{ALL BE REQUIRED. SECTION TOWNSHIP RANGE See attachment #1 and M2 Address or location of subject property Bounded by 28th Ave. S.W., 52nd Terrace S.W.r Golden Gate Parkway, and Santa Barbara Canal. Does property owner own contiguous property to the subject / property? If so, give complete legal description of entire contiguous property. (If space is in;%dequate, attach on separate page). See attachment #~ TYPE OF AMENDMENT: ..X A. PUD Document Language Amendment B. PUD Master Plan Amendment C. Development Order Language Amendment DOES A~ENDMENT COMPLY WITH THE COMPPd~HENSIVE PLAN: . No If no, explain: N/A X Yes HAS A PUBLIC HEARING BEEN HELD ON THIS PROPERTY WITHIN THE LAST YEAR? IF SO, IN W-HOSE N~? ~;o PETITION W: N/A DATE: N/A 10. HAS ANY PORTION OF ThE PUD BEEN No SOLD AND/OR No DEVELOPED? ARE A~;Y CHANGES PROPOSED FOR THE AREA $OLD"ARD/OR DEVELOPED? "- Yes. X No. IF YES, DESCRIBE: (ATTACH ADDITIONAL SHEETS IF NECESSARY). AFFIDAVIT We, Ava~rP~~ I~c. being first duly depose and say that we are the owners of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this application, and all sketches, data, and oth~ supplementary matter attached to and ~ade a pal-t of this appl-cation, are honest and t~-ue t~ the of our knowledge and belief. We understand t_his application must be completed and accurate before a hearing can be adver~:ised. We furl:her permit the undersigned to ac= as our representative in any matters regarding this Petition. ' ' NOTE: S~GNATURES OF ALL CWNERS APsE ~=1NDATORY. SIGNATURE OF OWNER S G. ATtmE SIGNA'i~KE OF AGENT S=a~-e of Florida Count.: of ~ The foregoing Applicauion '.'as ack. nowledged before me This ~ day of ~ , 199 7 by ~ J. ~,~ , is persona!!-/. . known ~s me o~ 'who h~s pr:duced N/A ~ iden~ificauio~ho did (did take an ca~h. · .'Slcna~u-~. .- cf Ne~ar'y Public) My C=~ission Expires: 11/19/99 9UD\DO A3PLi~ATION/md/412~ MAY 2 $1998 'rUlE IIk e ....... ' "--'T"" ' '"" "'"nm mn" Imma. m iht F'KI m4 WN ;k f.~i~i lmm m~".msry N~L Al se iwW' m ' ' " - -' " ~ .. _ f It ~,~. P ~d L To~k;~,'.cto~cRcalPm~)-on~olmj~tc~th~ ~~ tm , 14 Ii. R~k of ~,~ ~c fl~k ofloU or d~c m t~ ~i~ b ~ ~ ~ ~il closifll' MAY 2 6 1998 ,,. ~ ,,,,, ,,, .... I ..... ~ ' ~ .... , J MCROW A 40. TE D'ON I~u~iSANAT,U.i/.A! ¥ ~ T WIII~N ITHAS MAY :t G 1998 TUn' & 2 X :2~ Warranty Deed Exhibit ~FXACT SOCIAL ,SF. CURFFY O.D.) NU~ai3ER. Whmg~Th~ LtM sgid jxzvy of thc tim pirt, for ~ ~g~ f~vcr, ~c following d~d r~: ~ to tmxml fo~ ~ current your. THI8 18 V,i~.,md~ T L, kHO Arid IS NOT SUBJECT TO HOMESTE,I~ EX~MPllON AND NEVER ~ BEEN. ~o b mJs~f b iU ,ufM ~ b duJy m~xAzd oflk:~ md AVATAR FROPERTTES INC. 1 7 9 12 13 ORDiNA~CE NO. AN ORDINANCE AMENDING ORDINANCE 96-$, FOUNDERS PLAZA PLANNED UNIT DEVELOPt~ENT, BY PROVIDING FOR SECTION ONE, ANEND~NTS TO SUBSECTION 3.3.A. PERMITTED PRINCIPAL USES AND STRUCTURES, BY PROVIDING SECTION TWO, AM. END~ENTS TO SUBSECTION 3.4.F. MAXIMUM HEIGHT ANO BY PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 27, 1996, the Board of County Commissioners I$ approved Ordinance Numar 96-5, which established the Founders Plaza 16 Planned Unit Development (PUD}; and 17 WHEREAS, R. J. Ward of Spectrum Engineering, Inc., petitioned the I1 Board of County Commissioners of Collier County, Florida to amend 19 Ordinance Number 96-5, as set forth below: NOW, THEREFORE BE IT ORDAINED, by the Board of County Commissioners 2! of Collier County, Florida: ~ SECTION ONE: AMENDHENT TO SUBSECTION 3.3.A, PERMITTED PRINCIPAL USES ~ AND STRUCTURES Section 3.3.A.1, Permitted Principal Use~ and Structures of the Founders Plaza Planned Unit Develcpment (Ordinance 96-5), is hereby amended to read as follows: 30 32 33 ~4 3~ 36 37 38 39 41 42 43 47 49 52 57 ].3.A Permitted Principal Uses and Structures: 1. Accounting, Auditing, and Bookkeeping Services (group 8721). 2. Business Services (groups 7311, 7313, 7322-7331, 7335- 7338, 7361, 7371, 7373-7376, 7379). 3. Churches (group 8661} Depository Institutions (6021-6062). Earing Places [group 5812 (except carry-out restaurants~ contract feeding; dinner theatersl drive-in and drive- through restaurants; fast food restaurants~ food service, institutional~ industrial feeding; pizzerias~ restaurants, carry-out; restaurants, fast-foods submarine sandwich shops)]. Engineering, Architectural and Surveying Services (groups 8711-8713). Health Services (groups 8011-8049). Holding and Other Investment Offices (groups 6712-6799). ~ 10. Legal Services (group 8111}. I Words etruck.~ are deleted; 6%11) . 6 7 9 !0 11 12 16 17 IS 19 20 21 23 26 ~t ~.1. Management and Public Relations Services (groups 8741-8743, 8748). 1t. 12. Membership Organizations (groups 8611, 8621). ~2. 13. Museums and Ar: Galleries (group 8412). 13r 14. Nondepository Credit Institutions (groups 6141-6163). i{. 15. Personal Services (groups 72~1, 7291}. 15. 16. Public Administration (groups 9111-9199, 9229, 9311, 9411-9451, 9511-9532, 9611-9661). 17. Real Estate (groups 6512-6514, 6519, 6531-65S3). 1Ir ]8. Research, Development and Testing Services (group 8732). 19. Security and Commodity Brokers, Dealers, Exchanges, and Services (groups 6211-6289). %~ ~0. Transportation Services (group 4724). 21. Veterinary Services [group 0742 (excluding outside kenneling)]. 22__: Any other commercial use or professional se=vice which is comparable in nature with the foregoing uses. 31 SECTION TWO: AM£,qO~£NT TO SUBSECTION 3.4.F., MAXIMUM HEIGHT Section 3.4 .F, Maximum height of the Founders Plaza Planned Unit 3~ Development (Ordinance 96-5), is hereby amended to read as follows: ]$ 3.4,F. Maximum ~eight: 39 41 SECTION THREE: ~2 For principal structures twenty-five (25) feet plus ten (10) feet for any parking beneath the structures. Maximum building height for churches is fort,-five feet. EFFECTIVE DATE This Ordinance shall become effective upon filing with the Department of Stnte. ~6 Collier County, Elorida, this 47 ATTEST: ~ DWIGHT E. BROCK, CLERK $1 BY: ~3 APPROVED AS TO FORM AND ~4 LEGAL SUFFICIENCY: ~7 M~JORIE M. STUDENT ~ ASSISTANT COUNTY ¢kTTORNEY Word~ struck throuah ar~ d-leted; words PASSED AND UJLY AOOPTED by the Board of County Commissioners of __ day of , 1998. BOARD OF COUNTY CO{dMISSIONERS COLLIER COUNTY, FLORIDA -2- BARBARA B. B:RRY, CHAX~dAR EXECUTIVE SUMMM~Y RECOMMENDATION THAT THE BOARD OF COUNTY COM~IISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 88-59, AS AMENDED, WHICH ESTABLISHED ~ MARCO ISLAND BEACKFRO~ RENO~HMENT FACILITIES MUI~CIPAL SERVICE TAXING UNIT; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILFFY; AND PROVIDING AN EFFECTIVE DATE. f0.,~[l~X~: That the Board of County Commissioners consider adoption of an ordinanc~ r~ealing Collier County Ordinance No. 88-59, as amended, to terminate the Mzrco Island Beachfront Renourishment Facilities Municipal Ser~dce Taxing Unit. CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 88-59, as amended, creating the Marco Island Beachfi'ont Renourishment Facilities Municipal Service Taxing Unit. On November 6, 1997, the City of Marco Island voted to incorporate. On March 30, 1998, the City of Marco Island terminated the Marco Island Beachfi'ont Renourishment Facilities Municipal Service Taxing Unit by Resolution No. 98-3-30A. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 8849, as amended. PREPARED BY: Heidi F. Ashton, Assistant County Attorney l leg Date REVIEWED BY: David C. Weigel, Coun~.~-omey h: ~h~hfaS,~ ~rt~ch Fro~! Keno~rishment Y~cilities ~g-59 AGENDA II'EM. ! ORDf~C~ ~0. 3 AN O~A~ ~PEALI~G, ~ ~S E~. CO~R 4 CO~ O~IN~ NO. ~S9, ~ ~ED, ~ ~CO ~ I~ B~O~ ~0~~ 7 ~U~ON ~ CODE OF ~WS ~ O~~; PRO~G 8 ~R CO~{~ ~ SEmiBOld; ~ PRO~G FOR AN 9 E~~ DA~ 10 12 ~ina~ No. gg~{. which c~a{~ t~ Marco }s{a~ ~achD~t R~sh~t { 3 Tax~g Uni~ ~ 14 ~~, t~ Ci~ of M~rco {~{a~ w~s ~at~ ~ Au~ 15 ~~. ~ Ma~h 30. I~. t~ C~ of M~ lsla~ ~ t~ Ma~o Isl~ ~ch~t 16 R~sh~t F~ilities M~ici~l ~e Taxing Unit ~ Ci~ R~i~ No. 9~-3-30A. 17 NOW. ~{~FO~ BE ~ ORDA~D BY ~E BO~ OF CO~ CO~SSIO~RS OF 18 COLLIER CO~. ~O~DA 19 ~: ~PEAL OF COLLIER CO~ O~ANCE NO. g8-59. AS ~~. 20 CoUi~ Co~ ~diname No. 8~-59. as a~ded, is ~e~ ~al~d 21 ~: ~USION ~ ~E CODE OF ~WS A~ O~AN~ 22 ~ ~o~ss~s otthis ~dmance shall ~come and ~ made a 23 ot Colli~ Co~. Fl~da. ~ ~c6ons ot t~ ~dina~ce may ~ ~um~d ~ ~-Ie~ ~ ~c~lish 24 ~h. and t~ w~d 'ordinance' may ~ changed to '~ct~on'. 'a~cle'. ~ any o1~ a~ate w~d. 25 ~: CO~LI~ A~ SE~IL~ 26 In t~ ev~t Ihts ~d~nce co~fltcts ~th any oth~ ~dl~nce of Colli~ C~ ~ ot~ a~licable 27 law. ~ more ~s~c,vc shall a~ly. If any phase m ~i~ 28 unc~st~mtional by any c~, of com~t~l jun~tclmn, s~h ~,i~ shall ~ deem~ a ~le. disti~t a~ 29 in~d~t ~ov~sion and s~h hold~ sh~ll no~ affec~ I~ ~l~d~ ot t~ ~aining ~. 30 ~O~: E~E~ DA' E 32 PASSED A~ D~Y ~D by t~ Board otCo~ C~mission~ ot Colli~ Co~. ~. 33 this day ot .1998. 34 A~: BO~ OF CO~ CO~ISSIO~ 35 D~G~ E. BR~K. Ci~k COLLIER CO~. ~O~A 36 37 39 40 41 42 43 45 47 BY:. BY: BARBARA B. BERRY, Chairman Approved as to form and legal su~cttncy Assistant Counv/Atlocney No.. I J EXECUTIArE SUMMARY RECOM3ViENDATION THAT THE BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 81-3~, AS AMENDED, WHICH ESTABLI$_WIe~D THE MARCO ISI.,AJND BEA~CATION MUN]CI]'AL SEP, JVICE TAW31'~G Ul'giT; YROV'[DING FOR INCLUSION IN CODE OF LAWS AND ORDINA. N~; PROVIDING FOR CONY'L{~ ~ SEVERABHATY; AND PROVIDING AN EFFECFIVE DATE. ~].~,C~.,: Thz~ the Board of County Commissioncr~ consider adoption of an ordinance repealing Collier County Ordinance No. 81-35, as amended, to terminate the Marco Island Beautification Municipal Sc~'ice Taxing Unit. CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 81-35, as amended, creating the Marco Island Beautificatiou Municipal Service Taxing Unit. On November d. 1997, the City of Marco Island voted to incorporate. On March 30, 1998, the City of Marco Island terminated the Marco Island Beautification Municipal Service Taxing Unit by Resolution No. 98-3-30A. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 81-35, as amended. PREPARED BY: H~idi F. Asi~ton, Assistant County Attorney Date REVIEWED BY: ~Y h: ~h~f~'x ~udfic~don Municipal 81-35 Date I ORDINANCK NO. ~-, 3 AN ORDINANCE REPEALING, ~ ~ ~, CO~R 4 CO~ 0~~ NO. 81-3$, ~ ~ B~CA~ON M~PAL S~ T~G 6 ~O~G FOR ~U~ON ~ CODE OF 7 O~~; PROLOG FOR CO~I~ ~ 8 A~ ~O~G FOR ~ E~~ DA~ 9 10 ~R~. ~ B~rd of C~ C~mi~ion~ ad~d ~di~e 14 M~ici~ ~ Taxin~ Unil by Ci~ Re~ufi~ No. 98.3-30A. !~ ~W, ~ER~OR~ BE IT ORDA~D BY ~IE BOA~ OF CO~ CO~ISSIO~ OF 16 ~LLI~ CO~. ~A 17 ~: ~L OF COLLAR CO~ O~AN~ NO. 18 ~lli~ C~ ~in~e Ho. 81-35 i~ ~ r~aled in i~ 19 ~: ~SiON ~ ~E CODE OF LAWS ~ 20 ~ ~O~Si~S Of this ~dinance shall ~o~ a~ ~ ~de a ~ of t~ C~e of ~ I~ ~di~ 2l of Colli~ ~n~, ~&. ~ ~c~i~s of t~ ~dinincc ~y ~ ~um~d m ~-lc~ ~o ~c~lish 24 In I~ evil Ibis ~dlna~e c~flic~ ~lh any o1~ ~di~me of ~lli~ ~t; ~ m~ ~l~ble 2~ law. I~ m~ r~cli~ shll apply. If any p~ or ~i~ o~ 26 ~s, mlional by any court o~ com~scnl )un~iction. such ~i~ shli 27 ind~en~ ~ovmon and such holding shall nm affec~ Ihe validi~ oft~ remiininK 28 ~: EF~VE ~0 PASSED ~ D~Y A~D ~ tM B~rd ofC~ C~miui~ of Collim C~, 31 Ibis dny of , 32 A~T: BO~ OF CO~ CO~ISSIO~ ~3 DWIGHT E. BR~K, Ci~k COLLIER CO~, ~O~DA 34 36 BY: 37 4O 41 42 43 44 45 BARBARA B. BERRY, Chairman Approved as to form arid legal su~ciency: tl¢idi F. A~hto~ Assistant County Atlomey 1998 RECObtbIENDATION THAT ~ BOARD OF COUNTY CObflHISSIONERS OF COLLIER COUNTY ADOPT AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 94-70, WHICH ESTAIILISHED THE MARCO ISLAND LIGltTING MIJNICIPAL SERVICE TAXING DISTi/I~; PROVIDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCES; PROVIDING FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. g~d]~C~il~[l: That the Board of County Commissioner~ consider adoption of an ordinance repealing Collier County Ordinance No. 94-70 to terminate the Marco Island Lighting Municipal Service Taxing District. CONSIDERATIONS: The Board of County Commissioners adopted Ordinance No. 94-70 creating the Marco Island Lighting Municpal Service Taxing District. On November 6, 1997, the City of Marco Island voted to incorporate. On March 30, 1998, the City of Marco Island terminated the Marco Island Lighting Municipal Service Taxing District by Resolution No. 98-3-30A. FISCAL IMPACT: None GROWTH MANAGEMENT IMPACT~: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 94.70. PREPARED BY: Heidi I~.. A~ht~n, Assistant County Attorney /,iff Date REVIEWED BY: David C. Weigh, Cout~ Attorney Tax Dui 9~.70 AGENi~.r~M x 4 6 7 9 I0 33 34 36 37 39 40 41 42 43 44 ORDtNANCE NO. 98- AN ORDINANCE I~I'L~d. tNG, tN ITS ENTIRETY, COLLAR COUNTY ORDtNANCK NO. 94-'/0, TTrE MARCO ISLAND LIGHTING M'U~CIPAJ.. SERV~C~ TAXING DISTRICT; ~ROVTDING FOR INCLUSION IN CODE OF LAWS AND ORDINANCF. S; PROVTDtNG FOR CONFLICT AND SEVERABfLITY; AND PROVIDING FOR AN EFV~ C'TT'v~ DATE. WHEP. F. AS, the Board of Count), Commissioners adopted Ordinance No. 94-?0, which cTeated the I ! Marco Island Light~g Municipal S,-~'v~ce Taxing Dis~ict; and 12 WHEREAS, the City of Marco Island w~s created on August 2g. 1997; and 13 WHEREAS, on March 30, 1998, the City of Marco Island terr~inated Ihe Marco Island Lighting 14 Municipal Service Taxing Dis~ct by City Resolution No. 9g-3-30A. I $ NOW, THEREFORE, BE IT ORDAIN'ED BY THE BOARD OF COUNTY COIVfM~SSI~ OF 16 COLLIER COUNTY, FLORIDA that: ! 7 ~: REPEAL OF COLLIER COUNTY ORDINANCE NO. 94-.70. ! 8 Collier Count), Ordinance No, 94-70 is hereby rv~ealed in its c~th'c~y. i 9 ~: INCLUSION IN THE CODE OF LAWS AND ORDINANCE 20 The provisions of this Ordinance shall become and be made a part of Ihe Code of Laws and 21 of Collier Cmmty, Flor'ida. T~e sections of Ih-' Ordinance may be r~umbe~red or re.lettered Io accomplish 22 such, and thc word "ordtnance' may be changed to "scction", "article', or any mhet appropriate word. 23 ~.~t~K.~G: CON'FLIC'T A,XgD SEVER. ABILITY 24 In lhe event th~s Ordinance conflicts with any other Ordinance of Collier County or other al~)licable 25 law, the more res~ctive shall apply, if any phrase or portion of ihe Ordinance is held invalid or 26 uncoflstlmlional by any ¢our~ of compct~t jurisdiction, such portion shall be defined a separate, distinct and 27 independcm provision and such holding shall not affect the ~hdity of the remaining portion. 28 ~F~.: EFFECTIVE DATE 29 This Ordinance shall be effective ~pon fding w~th the Florida Dcparrmcm of Stste. 30 PASSED AND DULY ADOPTEL) by the Board of County Commis$iooers of Collier County, Florida, 31 this ,,, day of , , ! ATTEST: BOARD OF COUNTY COMMISSIONrERS DWIGIFI' E. BROCK. Clerk COLLIER COU~'TY. FLORIDA BY: BY: , BARB,~Ib~, B. BERRY, C~airman Approved as to form and legal su~ciency: Assistant County A~orncy h:/hens~e/h fa/~'~ d. R e1~rs I 19o8 EXECUTIVE SUMMARY RECOMblX'NDATION THAT THE BOARD OF COUNTY COMbiISSIONERS OF COLLIER COUNTY ADOI~I' AN ORDINANCE REPEALING COLLIER COUNTY ORDINANCE NO. 86'31, AS AMENDED, WHI~ ESTABLISI~D ~ MARCO ISLAND BEACH RENOURISHMI2VI' AND I'UBLIC ACCESS MUNICIPAL SERVICE TAXING UNIT; I-ROVIDING FOR INCLUSION IN CODE OF LAWS AND OROINANCES; PROVIDING FOR CONFLICt AND SEVERABIIATY; AND PROVIDING AN EFFECrlVE DATE. O.]i~.,l~3~: That the Board of County Commissioners consider adoption of an ordinance repealing Collier County Ordinance No. 86-31, as amended, to t~minat~ the Marco Island Beach Renourishment and Public Access Municipal Service Taxing Unit. CONSIDERATIONS: The Board of County Commissioners adopted Ordinanc~ No. 86-31, as amended, creating the Marco Island Beach Renourishment and Public Access Municpal Stnvice Taxing Unit. On November 6, 1997, the City of Marco Island voted to incorporate. On March 30, 1998, the City of Marco Island terminated the Marco Island Beach Renouriahment and Public Access Municipal Service Taxing Unit by Resolution No. 98-3-30A. FISCAL IMPACT: None _GROWTH MANAGEMENT IMPACT: None RECOMMENDATION: That the Board of County Commissioners adopt the attached Ordinance repealing in its entirety, Ordinance No. 86-31, as amended. PREPARED BY: I4~[di ~. A~htofi, Assistant Coun--ty Anomey Date REVIEWED BY: David C. Weigel,-Count~ttomey h: ~g~hfa~ex ~ln~:h Rem~'i~m~'m md Public Acer, at,86-31 1998 ! 2 3 4 7 I0 !! ~2 13 14 17 2O 2! 27 ~8 ~o 3! 32 33 34 37 38 39 40 41 42 43 45 47 AN ORDINANCI: REPI:ALING, IN ITS ENTIR_eTYt COLLIER COUNTY ORDIN,XNCE NO. l&-3], AS AM12~ED, ~ MARCO ISLAND BEACR ILENO~~ AND i~fBLIC ACCT, SS M'UN1CI?AL SERVICE TAX~T~G UN'IT; i~ROVIDIT~/G FOR INCLUSION IN CODE OF I~WS AND ORDINANCES; PROVTDING FOR CONlrL[CT AND SEV'ERAB[LITY; Ah'D FROVTDI~G FOR AN £FI~CI'TV~ DATE. WHEREAS, the Board of County Commissioner~ adopu:d Ordinance No. 86-31, as amended by Ord. No. 92-6, which created the Marco Island B~ach Renourishm~m and Public Access Municipal Service Taxing WHEREAS, t~e City of Marco Island was created on Augu~ 28, 1997; and WHEREAS, on March 30, 1998, the City of Marco Island terminated ~ Marco Island Beach Renour~$hmem and Public Access Municipal St'~ce Taxing Unil by City Resolution No. 98-3-30A. NOW, THEREFORE, BE IT ORDAINED BY TI.1E BOARD OF COUNTY' COMMISSION'ERS OF COLUER COUNT~, FLORIDA that: ~: REPEAL OF COLLfER COUNTY ORDINANCE NO. 86-31, as amended. Collier County Ordinance No. 86-31, as amended, is hereby repealed in its entirety. ~ INCLUSION IN TIlE CODE OF LAWS AND ORDINANCE ~ provisions of this Ordinance s~.all become and be made a par~ olive Code of Laws and Ordinanc~ of Collier County, Florida. The ~ections of Ibe Ordinance may be renumbeted or re-lettered to accomplish tach. and the word 'ordinance' may be char. ged to '~eclion', 'article', or any other approp~ate wo~d. ,~I~,.E~: CO,"~FLICT AND SEVERABILITY in the event this Ordinance contlicts w~th any other Ordinance of Collier County m' other applicable law, the more restncove d~ll apply. Il' any phrase o~ portion of the Ordinance is held invalid or unconstitmional by any court of competent junsd,ct~on, such poct~on ~all be deemed a s~-parate, distinct and indtpendent provision and such holding ~hall not a~ect ~he ~,-ahdity of the remaining portion. ,~.~.~[.iT_O.~: EFFECTIVE Thi~ Ordinance s~ll be e0'ect~vt upon fili~qg w~th the Florida Department of State. PASSED AND DULY ADOPTED by ~1~ Board of County Commissionm of Collier County, Florida, this day of ,1998. ATTEST: BOARD OF COUNTY COMMISSIONERS DWIGIt'r E. BROCK, Cl~k COLLIER COUNTY, FLORIDA BY: BY:, BARBARA B. BERRY. CKa~rman Approved as to form and legal sufficiency: Am~n~ County Anorney EXECUTIVE SUMMARY ADVERTISED PUBLIC HEARING CONSIDERING ADOPTION OF AN ORDINANCE RELATING TO CAPITAL IMPROVEMENTS AND RELATED SERVICES PROVIDII~G A SPECIAL BENEFIT TO LOCAL AREAS WITHIN COLLIER COUNTY, FLORIDA; PROVIDING DEFINITIONS AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVIDING FOR THE CREATION OF MUNICIPAL SERVICE BENEFIT UNITS; AUTHORIZING THE IMPOSITION AND COLLECTION OF SPECIAL ASSESS~NTS TO FUND THE COST OF CAPITAL IMPROVEME~ AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WITHIN COLLIER COUNTY; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHING PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECI'ION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSII1'tYli~ A LIEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURXS AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS IMPOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMENTS; PROVIDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCH OBLIGATIONS WILL NOT CREATE A GEIXrERAL DEBT OR OBLIGATIOI~t OF THE COUNTY; PROVIDING FOR EFFECT ON ORDINANCE NO.. 88.23, AS AMENDED; PROVIDING FOR CONFLICT AND SEVERABILITY; A.ND PROVIDING AN EFFECTIVE DATE. OBJECTIVE: That the Board of County Commissioners co~ider adoption of an ordinanc~ in accordance with the Florida Constitution and Sections 125.01 and 125.06, Florida Statutes, and thc Uniform Assessment Collection Act, Sections 197.3632 and 197.3635, Florida Statutes, to provide for the creation of municipal service benefit units including thc imposition and collection of special assessments to fund costs of capital improvements and related services providing a speci=i benefit to local areas within Co~!ier County. CONSIDERATIONS: In 1988, the Board of County Commissioners adopted Collier County Ordinance No. 88-32, to provide a procedure for the creation of capital project municipal service benefit units and the adoption of the assessment mechanism, including assessment rolls, financing procedures, etc. In recent years, it has become apparent chat Ordinance No. 88-32, as amended is somewhat cumbersome in its application and there appears to be additional flexibility in the local use of the municipal service benefit unit that could be utilized by the County through new ordinance legislation. AG EN .D_A,J~I'_ F.~IJi..~ Executive ~ummLry The draft Capi~ Project Assessment Ordinance, if adopted, will simplify, to some extent, the Board's crc~ion process of' a capital project municipal service benefit unit. The proposed ordinance will facilitate, if the Board so desires, the use of an MSBU to be created wholly within a neighbortxx~ ~bdivision, or other land area under development to provide for capital Ooc. al) improv~ within ~uch area that Ix~,efit the area and the related m-vice costs of the operation snd maintenance of a "local improvement." Ti~ proposed ordinance is shorter in length than Ordinance No. 88-23, as atmmded, but better facilitates revisions to assessments, the correction of exrors and omissi~ and Mdresses governmmt Froperty within a benefit unit. Th~ Board retains full flexibility r~rding the issuance of obligations, pledged r~venu¢, and of course, that the taxing power is not pledged. Ordinance No. 88-23, as amended, is superseded upon the adoption of the proposed ordinance. However, any fees, assessments, or other charges imposed pursuant to Ordinance No. 88-23, as amended, ~ ate unpaid on the effective date of the proposed ordinance shall remain due and payable and shall be subject to enforcement and collection in the manner provided in Ordinance No. 88-23, as amended, the proposed ordinance, or any other lawful meal~. FISCAL IMPAC"F: None, by the adoption of thc ordinance. GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: That the Board of County Commissioners adopt the proposed Capital Project Assessment Ordinance and authorize the Chairman to sign the document. Prepared by: David C. Weigel County Attorney AG£NDA. fflaJL ,i ! 2 3 4 6 7 9 10 I1 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 30 31 32 COLLIER COUNTY, FLORIDA CAPITAL PROJECT ASSESSM'KNT ORDINANCE ENACTED .... , 1998 I 2 3 4 6 ? $ 9 10 11 12 13 14 15 16 I? 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 39 4O 41 42 43 44 45 46 47 48 49 50 51 52 53 57 58 TABLE OF CONTKNT~ ARTICLE I~'TRODUC'rlON SECTION l.Ol. SECTION !.02. SECTION !.03. DEFINITIONS ............................................................................. ....2 fNTER.P~A~ON; TITLE AND CITATION ....................................... 6 GENERAL FfNDINGS ............................................................................... 6 SECTION 2.01. SECTION 2.02. ARTICLE [I MUNICIPAL SERVICE BENEFIT UNITS CREATION OF MUNICfPAL SERVICE BENEFIT uNrrs .................... 8 LANDOWNER PETITION PROCESS ...................................................... SECTION 3.01. SECTION 3.02. SECTION 3.03. SECTION 3.04. SECTION 3.05. SECTION 3.06. SECTION 3.07. SECTION 3.0~. SECT[ON 3.09. SECTION 3. ! 0. SECTION 3.1 !. SECTION 3.12. SECTION 4.0 I. SECTION 4.02. SECTION 4.03. SECTION 4.04. ARTICLE tH ASSESSMENTS AUTHORITY ............................................................................................. 9 fNTFIAL ASSESSMENT RESOLUTION ................................................9 ASSESSMENT ROLL. ........................................................................... 10 NOTICE BY PUBLICATION .............................................................. 10 NOTICE BY MAIL. .............................................................................. I I ADOPTION OF FINAl. RESOLUTION ............................................ I I ANNUAL ASSESSMENT RESOLUTION ........................................... 12 EFFECT OF ASSESSMENT RESOL~ONS .................................... 13 LIEN OF ASSESSMENTS .................................................................. 13 REVISIONS TO ASSESSMENTS ......................................................... 14 P ROCEDL'i-'.AL IRREGtE.ARrTIES ................................................. 14 CORRECTION OF ERRORS AND OMISSIONS ................................ 15 ARTICLE COLLECTION OF ASSESSMENTS METHOD OF COLLECTION .............................................................. 16 ALTERNATIVE METHOD OF COLLECTION ............................... ! 6 RESPONSIBILITY FOR ENFORCEMENT ........................................... I GOVERNMENT PROPERTY ................................................................. J- AGF. NDA.ITE .....] I 2 3 4 6 ? 8 9 10 !1 12 13 14 15 16 17 !! 19 20 21 22 23 24 SECTION 5.01. SECTION 5.02. SECTION 5.03. SECTION 5.04. SECTION 5.05. SECTION 5.06. SECTION 5.O7. SECTION :~.0~. SECTION $.09. SECTION 6.01. SECTION 6.02. SECTION 6.03. SECTION 6.04. ARTICLE V ISSUANCE OF OBLIGATIONS GEICERAL AUTHORJTY ................................................................. .20 TERMS OF THE OBLIGATIGNS .......................................................... 20 VARIABLE RATE OBLIGATIONS ...................................................... .21 TEMPORARY OBLIGATIONS .............................................................. .21 ANTICIPATION NOTES .................................................................. .2 TAXfNG POWER NOT PLEDGED ................................................ TRUST FUNDS ................................................................................. .22 REMEDIES OF HOLDERS ........................................................... ..23 REFUNDfNG OBLIGATIONS ............................................................. ..23 ARTICLE V! GENERAL PROVISIONS ALTERNATIVE METHOD ..................................................................... .24 EFFECT ON ORDI~NANCE NO. $8-23 .................................................... 24 CONFLICT AND SEVER. ABILITY ........................................................ .24 EI~'ECTTVE DATE ............................................................................... .24 AOEND&i~F.J~ ~ HAY 2 6 1998 ._5' 18 19 2O 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 37 38 39 40 41 42 43 44 45 46 47 ORDINANCE NO. 9~..._ AN ORDNANCE OF COLLI~ COUNTY. FLORIDA R~LATING TO CAPITAL II~ROVEMENTS AND RELATED SERVICES PROVIDING A SPECIAL BENEFIT TO LOCAL AREAS WTI'HTN COLLIER COUNTY, FLORIDA; PROVTDING DEFTNITIONS AND FINDINGS; PROVIDING FOR TITLE AND CITATION; PROVrDING FOR THE CREATION OF MUNICIPAL SERVICE BENEFIT UNTTS; AUTHORIZING THE IMPOSrTION AND COLLECTION OF SPECIAL ASSESSMENTS TO FUND THE COST OF CAPITAL IMPROVEMENTS AND P. ELATED SERVICES PROVIDING A SPECIAL BENEF~ TO LOCAL AREAS WITHIN COLLIER COUNTY; PROVIDING FOR THE OPTIONAL AND MANDATORY PREPAYMENT OF ASSESSMENTS; ESTABLISHfNG PROCEDURES FOR NOTICE AND ADOPTION OF ASSESSMENT ROLLS AND FOR CORRECTION OF ERRORS AND OMISSIONS; PROVIDING THAT ASSESSMENTS CONSTITLrrE ALfEN ON ASSESSED PROPERTY UPON ADOPTION OF THE ASSESSMENT ROLLS; ESTABLISHING PROCEDURES AND METHODS FOR COLLECTION OF ASSESSMENTS, INCLUDING ASSESSMENTS fMTOSED ON GOVERNMENT PROPERTY; AUTHORIZING THE ISSUANCE OF OBLIGATIONS SECURED BY ASSESSMEN'TS; PROVTDING FOR VARIOUS RIGHTS AND REMEDIES OF THE HOLDERS OF SUCH OBLIGATIONS; PROVIDING THAT SUCI! OBLIGATIONS WILL NOT C'PEATE A GENERAL DEBT OR OBLIGATION OF THE COUNTY; PROVIDING FOR EFFECT ON ORDINANCE NO.. 88.23, AS AMENDED; PROVIDFNG FOR CONFLICT AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. NOW, TItEREFORE, BE IT ORDAINED BY TIlE BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA: ARTICLE INTRODUCTION SECTION !.01. DEFINITIONS. When used in this Ordinance, the following terms shall have the following meanings, unless the context clearly requires othe~vise: "Annual Assessment Resolution" means th,: resolution described in Section 3.07 hereof. approving an Assessment Roll for a specific Fiscal Year. "Assessment" means a special ~ssessment imposed by the County pursuant to this Ordinance to fund the Project Cost of Local Improvements or the Operating Co~ of Related proceeding for the imposition ol'an Assessment. ! "Assessma:t Roll" means the special us~ssment roll relating to Loc~! lmptovemmts or 2 Related Serv4ces, sppmved by a Final Assessment Resolution pursuant lo Section 3.06 hereof or an 3 Annual Assessment Resolution pursuant to Section .~.07 hereof'. 4 "Assessment Unit" mc·ns thc unit or cntcril utilized to dctcrmine the Auessment for each S parcel of. pmpaty, ts set forth in the Initial Assessment Resolution. "Assessment Units' may 6 include, by way of'example only and not limitation, one or · combination ofthe following: front '/ footage, platted lots or parcels of' record, land ~ improvement ~,-~.~, equh,llent residential 8 ceenectio~ permitted land u~e, trip ge~:ration rates, rights to R,'tm'e trip genera~on capacity under 9 applicable concurrency numageme~t regulations, property val~e or any uther 10 or reasonably e~pecled u~e of' the property II is tel·led to Ihe Local Improw.'mem or Related Service to be funded from i~oceeds of the 12 Assc-ssment. 13 "Board" means the Board of County Commissioners of'Collier County, Florida. 14 "Capital Co~t" means all or any portion ofthe expem~s that are properly attn'butable to the 15 acquisition, desih,~, construction, installation, reconstruction, renewal ot replacement (including 16 demolition, environmental mitigation and relocation) o£ Local Improvements and imposition of the 17 related Assessments under generally accepted accounting principles; and including reimbursement 18 to the County for any funds advanced for Capital Cos~ and intere~ on any imerfund or init·Rind loan 19 f.or such purposes. 20 "Clerk" shatl mean the Clerk of.the Circuit Court for the Count~, ex-of.~cio Clerk of.the 21 Board, or such other pe~on u may be duly authorized to act on such per-xm's behaU'. 22 "County" m~ns Collier County, Florida. 23 "County Adminlstr·tor" mc·ns the chief administrative o~cer of'the County, designated 24 by the Board to be r~pon$ibl,' for coordinating ^ssessTncnts, or such per~on's desigT~ee. 25 "Final A~sessment Resolution" means 0~e resolution deactibed in Section 3.06 hereo~ 26 which shall confirm, modi fy or repeal the Initial Assem~ent Resolution and w~ich shall be the final 27 HAY 26 1998 ! "l~seel YearN meard the period commencing on October I of ~ach year ~ 2 ~ ~ ~t ~in8 ~ 30. ~ ~ ~ ~ -- ~ ~ ~ 4 "G~m~t p~. m~s ~ ~ ~ ~ ~il~ S~ of~ ~ of~o~d~ · ~, ~ ~ial di~ · municipel ~ti~ or ~y ofthdr ~tivc a~im 6 or ~liti~l ~i~si~. 7 "Initial ~smeat R~oluflo,' m~ ~ ~1~ ~ in S~ti~ 3.~ ~f. S which s~ll ~ ~e initial p~ing for the im~sition of~ 9 '~1 Impr~t" m~ a ~i~l ~v~ ~t~ ~ ~!~ by l0 for the ~ial ~c~t ora ncigh~r~ oF ot~ I~1 ~. i I "MSBU' m~s any of thc municipal ~ ~fit uni~ ~t~ by ~lution of 12 Bo~d ~t m S~tiofl 2.0t h~f, that ~ially ~fit ~m a ~al lmp~t or 14 'Obligations" mc~s ~s ~ oth~ ~4~c of i~t~ i~lu~ing ~ 15 ~t~. comm~ial pap~. capilal I~s or ~y oth~ obligation is~ or i~u~ to 16 ~flion of t~ Pmj~t Co~ of ~al lmpmv~ ~ ~m~. in w~lc or in p~ by ~ of ! 7 the i 8 'Ope~flnt C~t" me~ all m ~y ~flion of thc ex~ t~t ~ ~ 19 Rclat~ S~ic~ u~ g~ally ~c~t~ ~tiflg p~ncipl~, i~ludinL ~ut limiting 20 ~lity of thc forcgoing, rcimbu~t to the Co~ for ~y ~s ~v~ f~ Relat~ 21 S~ccs, and int~ ~ ~y int~ru~ or in~ Jo~ fm ~h p~. 22 'Ordinance' m~s this Capi~l P~j~t A~t ~i~. 23 'Pl~g~ ~enue' m~ ~ to ~y ~ of ~lisati~ (A) ~e ~ of 24 ~li~ti~. i~luding investor ~in~. ~) p~s of ~ ~m~ pl~g~ to ~ ~c 25 pa~t of such Obligation. ~d f~ ~y oth~ le~lly av~lablc ~-~ ~o~ ~ 26 mt ~c Bo~s ~lc ~io~ to ~u~ t~ pa~z of such ~li~zi~. ~ ~ifi~ ~ ~ o~i~ 27 ~ r~lutiofl aut~flK such Obligations. 28 "ProJefl C~t" m~s (A) thc Capital Co~ of a ~1 lmpmv~k ~) ~ T~i~ 29 Co~ ~ial~ ~th lhe ~li~at~ns which fine.cd I~e ~sl lm~l. (~ words ol'the oth~ 8c~der, unless the sense indicates o~hcrW~se. I on such Obli~dom t.or ~uch I~riod of time u thg C°untydecms ~ppr°prial~ ~) ~ d¢~ ~co :2 reserve fund or ~.coun~, it' any, established t'or thc Obligations which finm'~ced the Loc~ 3 Improvement, m~d ('E) ~ny other costs or gxpcn~ rclatcd thereto. 4 "Properf~ ApprMser" mean~ the Colli~ County Property Appraiser. 5 "Related Service" mcans the operation and mainte~co ora Loc..l Improvement. 6 "Resolution of latent" mc~,~s the resolution expressing the Board's intent to collect 7 Asseasments on the ad valorem tax bill required by the Uniform Assessment Collection Act. g "Tax Celleetor" means the Collier County Tax Collector. 9 "Tax Roll" means the real property nd valo~,m tax assessment mil maintained by the 10 Property Appraiser t'or the purpose otcthe lc.v), and collection ot'ad valorem taxes. 11 "Transaction Cost" means the costs, tees and expenses incurred by the County in 12 connection with the issuance and sale otcany series otc Obligations, including but not limited to 13 rating agenc7 and oth~ financing lees; 03) the fees and disbursements ot.lxmd counsel; (C) the ! 4 undaw~ler~' discount; (D) the lees and disbursements of the Co~mty's financial advisor, (E) the cc~ts 15 ot' prt.-paz'ing and printing the Obligations, the preliminary official statement, the ~ ofl'tciai ! 6 statcmcnt, ~xl all other documentation supporting issuance ot.the Obligatior~ (F) the lees pay'able 17 in respect ot.~¥ municipal bond irtsurancc polic~ (G) administrative., cleveh3pment, credit 18 and all ocher ~'ees associaled with any P'~oled commercial paper or similar inta'im ~mY:inl Pmlram; 19 and (G) an), other costs otc a simila~ nature incurred in connection with issuance of such 20 "Uniform Assessment Collection Act" means Sectio~ 197.3632 and 197..36.35, ~ 21 SlaZutes, or any successor sutures a uthorizing the collection of hOe-ad v~orens asnassmems an the 22 same bill as ad valorem ta~ccs, and my applicable r~gulatiofts promull~ted Ihes~mm~,. 23 SKCTION 1.02. INTERPRETATIOH; T1TL~ AHi) CITA'I'IO,qC 24 (A) Unless the context i~icates otherwise, words importinl Ihe sinl~sr ~ include 25 the plural number and vice versa; the tcrms "hemot.,' "he~d~/,' ~' 'herelo,° ~ and 26 simitm' tams ret.er to this C:)tdinance; and the term "hen~er" means a.~r, and the term 27 means bet'ore, the effective date otc this Ordinance. Words of'any gend~ include the co~,lativ~ 28 .... AGENDA.ITEM. MAY 2 6 t998 I lB) This Ordina:r.e, being necessary for the welt'ate of the inhabitants of the Coenty, 2 partkulady the owm~ of property located within the MSBUs, shall be liberally conmued to effect 3 the purposes hereof. 4 (C) This Ordinance shall be known and cited as the "Ctpitai Project Assessment 5 Ordinance." 6 SECTION 1.03. GENERAL FINDINGS. It is hereby asc~:ained, determined and ? declared lira: g (A) Article Vlfl, Section I of Ibc Florida Constitution and Sections 125.01 and 125.66, 9 Florida S~ Irmt Io the Board all power~ of local scl f-government to perform County funeti~ 10 and to re,er services for Coumy ir, nlxtses in a manner not inconsistent with general or sfmcial law, I ! and s~ch power may be exercLsed by the cnacsmem of C. oumy ordinances. 12 i'D) In addition to its powers orr sclf. garvcrnment, the Board is authorized by Sections 13 125.01(I Xq) and (r), Florida Sta~es, to establish municipal s~tice benefit units 14 for $11 or any ~ of the tmimaarpo~ed ar~a within the County, or within the mtmicipal boundarie~ !$ o f an incorlxx~ed are~ upon conse~ of ~e gmmmmg hody of the affected mumcipelity, to provide 16 water, sewer, stroets and otber eas~ntial facilities. 17 (C} The Assessments impoeed imms.ml to this Ordinance will be imposed by the Board, 18 not the Property Appraiser or Tax Colleclor. Any activity o f the Property A~i~ or Tax Colle~.tor 19 under Ihe provisions of this Ordinance shall be construed solely as ministerial. 20 ARTICLE Il 21 MUNICIPAL SERVICE BENEFIT UNITS 22 SECTION 2.01. CREATION OF MUNICITAL SERVICE BENEFFI' UN'fT~ The 23 Board is hereby authorized to create municipal service benefit units in accordance with the 24 procedur,.a set forth herein to include property located within the unincorporated area ofthe County 25 and such property situated within a municipality as to which consent is received by such 2fi municipality as provided in Section ! 25.0 i (I) (c0, Florida Statutes. Each MSBU shall encompass 27 only that proix:rty specially benefited by the Local Improvements and Related Services proposed for 28 funding from the proceeds of Assessments to be imposed therein. Eith~ the Initial Assessment 29 Resolution proposing each MSBU or the Final Assessment Resolution creating each MSBU shall 1958 I include brief descriptions oftbe propo~ Local Improvements and Related Scrvice~, a desa'ip~ion 2 ofthe property to be included within I.he MSBU, and specific legislative findings that re. cogniz~ the 3 special benefit to be provided by cach pmposod Local Improvement ,nd Related Service to pmpa'ty 4 within th~ MSBU. ~ SECTION 2.02. LANDOWNER PETITION PROCESS. SECTION 2.02. 6 LANDOWNER PETTTION PROCESS, At its option, the Board may establish a process 7 pursuant to which the owners of propert7 may petition for creation of an MSBU to fund Local 8 Impn~vements and Rclaled Services. Notwi~ing any petition process estab!ished pursuant to 9 ~is Section 2.02, the Bo~d shall r~in the authority to crc~ta MS13Us without a landowner 10 ARTICLE I[I ! l ASSESSMENTS 12 SECTION3.01. AUTHORITY. The Bo~d is hereby authorized to impose ! 3 Assessments against property Iocaled within an MSBU to ~nd the Project Cost and Related Services 14 of Local Irnpmveme~ts. The Assessment shall be computed in a manner that fairly and reasonably I $ apportions the Project Cost among the pan:els of prope~ within the MSBU, based upon objectively 16 determinable Assessment Units, 17 SECTION 3.02. INITIAL ASSESSMENT RESOLUTION. SECTION 3.02. 18 INITIAL ASSESS~IENT RESOLUTION. The initial proceeding for creation of an 19 MSBU and imposition of an Assessm~t shall be the Board's adoption of an Initial Assessment 20 Resolution. The Initial Assessment Resolution shall (A) describe the property to be located within 21 the proposed MSBU; (B) descrihe Ihe Local Improvement and Re!-=!~ Service proposed for Emdin$ 22 ~tom proceeds of the ~ents; (C) estimate the Capital Cost, Project Cost and Operating Cos~ 23 (D) dcscribe with particularity the proposed method of apportioning the Capital Cost, Project Cost 24 and Operating Cost among the pm'cels of property located within the proposed MSBU, such that the 25 owner of any parcel of propcrty can objectively detcrmine the number of Assessment Units and the 26 amount of thc Assessment; (E) dc'scribe the provisions, if any, for acceleration and prepayment of 27 the Assessmcnt; (O) dcscribe the provisions, il' any, for r~allocating the Assessment upon ~tur¢ 28 subdivision; and 00 include specific I¢~slative findings that recognize the fairness provided by the MAY g 6 L,m:J8 ! 2 3 4 6 7 9 10 I! 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 SECTION 3.03. ASSESSMENT ROLL. (A) The County Administrator shall prepare a p~elimirmT ALt~____~ment R611 that containa the following inform~on: (I) a summa,*y description ol'each parcel of property (conforming to the desetiption contained on the T~x Roll) subject to the Aaseasrne~t; (2) the name o1' thc owner of rccord of each parcel, as shown on tho Tax Roll; {3) the number of Assessment Units am-ibutable to each parcel; (4) the estimated maximum annual Assesa~ent to ~ due in any Fiscal Year for each Assessment Unit; and (5) the estimated maximum annual Assessment to become due in any Fiscal Year for each parcel. 03) Copies ofthe Initial Assessment Resolution and the preliminary A~__,,~__.ement Roll shall be on file in the once of the County Administralor and open m public inspection. The foregoing shall no( be construed to require that the Assessment Roll be in printed fom~ if the mnotmt of the Assessment for each parcel ctr property can be dcterrnined by use of a computer terminal available to the public. SECTION 3.04. NOTICE BY PUBLICATION. After filing the Assessment Roll in the off, ce of thc County Administrator, as required by Section 3.0303) hereo~ the County Administrator shall publish oece m a newspalmr of general circulation within the County a notice stating that at a public hearing ol't~e Board will be held on n certain day and hour, not earlier than 20 calendar days from such publication, a~ which he, ins the Boaz'd will receive writtcn comments and hear testimony from all interested persons rega'ding creation olrthe MSBU and adoption of the Final Assessment Resolution. The published notice shall conform to the requirements set forth in the Uniform Assessment Collection Act. SECTION 3.05. NOTICE BY MAIL. In a&lition to the published no, icc requited by Section 3.04. Ihe County Administrator shall provide notice of the proposed Assessment by first class mail to the. owmn' ol'cach parcel of property subject to the Assesament. The mailed ~ HAY 261998 ! conform to the mquivemenU set forth in the Uttiform Asseasment Collection Act. Notice shall be 2 mailed at least 20 ealmdar days prior to the hewing to each property owner at such add~ as is 3 shown on the Tax Roll on the twentieth calendar day prior to the date of mailing. Notice shall be 4 deemed mailed upon delivery thereof to the possession of the U.S. Postal Service. The County Administrator may provide proof of such no, ice by a~davit. Failure of the owner to receiv~ such notice due to miatake or inad~ shall not affect the validity of the Asseasment Roll nor r~ 7 or digharg~ any obligatlon for the payment of an Asseasment imposed by tbe Board Pwxuant t° this 9 SECTI'ION 3.06. ADOPTION OF FINAL RESOLUTION. At the time named in i 0 such no~ic~ or s~:h time to which an adjourrtment or continuance may be taken, the Board shall I! receive written objectior~ and hem' testimony of intercsled pervora and may then, or at any 12 rub~zlUent meetin$ of the Board, adopt the Final Assessment Res°lufion which shall (A) create the 13 MSBU; (B) confirm, modify or repeal the Initial Assessment Resolution with such amendnm'~ if 14 any, as may be deemed appropriate by the Board; lC) establish the maximum amount of the 15 Assessment for each Assessment Uniti ('D) approve the As.~,tsment Roll, with such amendn~nts a~ 16 it deems just and right; and (E) determine the method of collection. Following adoption of ~e Final ! 7 Asseas~nent Resolution but prior to the date on which the ~ent Roll ia certified for co[Ioc6on 18 p~rxuant to A~icle IV hereof, the Board may obtain a written leg.'~l opiniov., that the Assessment~ 19 have been validly impo~M from the O~ce of the County Attorney, an attorney-at-law or firm of 20 attorneys of recognized standing in matter:t pertaining to local government law; provided however, 21 that the failure to obtain such opi~io~ shall not invalidate the As~ssments or affect the factual 22 findin~ made by the Board in com.,ection therewith. 23 SECTION 3.07. ANNUAL ASSESSMENT RKSOLUTION. D~ing its budget 24 adoption prnc. e~ the Bom'd shall adopt an Annual Asaesament Resolution for each Fiscal Year in 25 which .Azsexsments will be impo~d to approve the A_~__'-,'_~__ernent Roll for such Fiscal Year. The Final 26 A~gssmenl Resolution shall constitute the Annual Assessment Resolution for the initial Fiscal Year. 27 The Assessment Roll shall be prepared in accordance with the lnitia~ .A.v~essment P,x:solution, as 28 confirmed or amended by the Final As~.-xsment Resolution. If the pr~o~ Assesmm~ for any 29 pn~.el of properly excee~ the maximum amount established in the notk.-e ptx:rrided purman £:._.~_-_-. 8 HAY 2619 I 3.0:~ heteoto~ iran Amemm~ i~ impo~d ~s~ property no~ previo~ly mbject ~, ee Boml 2 ~11 ~-o~e ~i~ to ~ ~ otm~ ~ in ~~ ~ S~ti~ 3.~ 3 ~ ~ a ~blic ~ng ~ to ~ti~ o~ t~ ~1 As~ssm~t R~lmio~ Failu~ 4 ~t ~ ~! ~t R~lufi~ du~ng t~ bud~ ~tion p~s f~ 5 ~ ~ at ~y ti~. 6 SE~ION ~.0~ g~ OF ~SME~ ~SOL~ONS. ~ ~fi~ of 7 the Final ~~t R~lution s~ll ~ ~ final Mjudioti~ of~e i~u~ p~t~ (i~lMing 8 b,=t ~ iimi~ ~o. ~ ap~nio~t mehMob~. ~e rite of ~t, 9 ~~t ~11 ~ ~ I~ ~ li~ of~e ~~), unlm ~ ~ ~ initi~ in a 10 ~u~ of~t jufi~i~i~ Io s<ure ~lief~thtn 20 ~ ~m the date of~ ~pti~ of I I t~ Fimi A~ R~lulion. ~e ~~ f~ ~h Final Y~ 12 M~fion of~ ~ual ~m~t Rmlution. ~e As~t Roll, u a~v~ by ~e ~ual 13 ~mt Rmlul~. shall ~ c~ifi~ to the Tax Coll~, or such oth~ o~dal 14 by ~lution d~s ~fiate. 15 SE~ON 3.~. LIEN OF ~S~SME~S. 16 (A) U~ M~tion of the ~ual Au~mt Rc~lution for ~h Fi~l Y~, 17 ~mts m ~ coll~ und~ ~ Unifo~ ~mt Coll~tion A~ s~ll ~imte a li~ 18 agai~t u~ p~ ~ual in nnk a~ di~i~ ~th the ii~ of all state, ~un~, di~ct or 19 municipal lax~ ~ ot~ non-M valo~ u~. Excel u ol~se ~d~ by law, ~h 20 li~ shall ~ su~ in di~i~ to all oth~ liras, ti~l~ ~ claims, unlil paid. 21 d~ ~t~ ~n ~ion by ~ Bo~ ofl~ ~1 ~~ R~lutim ~ ~11 a~h 22 to ~e pm~ i~l~ ~ the Au~m~l Roll u of ~ prior J~ 1, 23 valo~ t~. 24 {B) U~n ~option of the Final A~smmt R~lulion, ~~ 25 uM~ ~y alt~ative m~ of ~ll~tion pm~d~ in S~tion 4.~ h~f shall c~timte a lira 26 a~in~ ~ ~ ~ual in ~k and di~i~ ~lh the li~ of all ~ate, ~, di~ 27 m~ici~l m~ ~ ~ ~ad ~ ~~. Exc~ u ~ ~d~ ~ ~w, ~h 28 lira ~11 ~ ~ in di~i~ to a~l ot~ li~, titl~ ~ cl~ until paid. I deemed perfected on Itm date no, ice Iher~of is recorded in the Official Records of Collier 2 lqotidt 3 SEC"TION ~.10. REVISIONS TO ASSESSMENTS. If any ~__,~_~m'ent made under 4 the provisions of thi~ Ordinance is either in whole or in par~ annulled, vacated or scl aside by thc ~ judlmem of nay court, or if Ihe Boanl is s~tisfied that am/such Assess. ncnt is so irre~lar or 6 defective ~ lhe mune cann~ be enforced a~ collected, or if the Boani has failed to include shy ? property a~ I~e ~ Roll which pmpo.tY should have been so included, the Board may take 8 all necessary s~ps to impose a new Asse~smenl against any property benefited by the Local 9 Improvement or P,~laled Service, followins as nearly as m~7 be practicable, the provisions of this 10 Ordinance and in case soch second Assessment is annulled, the Board may obtain and impose od'mr I I Assessmems until a valid Assessment is imposed. 12 SECTION3.II. PROCEDURAL IRREGULARITIE.~. Any itre~larity in the 13 pmc__-~__ings in correct,ion with the lev,/ofafly Assessment undo' the provisions of this Ordinance 14 shall ne¢ affect the validity of thc same after the approval thereof, and any ~ent as finally 15 approved shall be competenl and su ~cient evidence that such Assessment was duly levied, tlm the ! 6 Assessment was duly trade ~d aclop~ed, and thai all other pmc___-,~_ifl~s ndequate to such Assessme~ 17 were duly had, taken and performed as required by this Ordinmce; and no variance from the I S directions ho.~under shall be held rnalcrial unless it be clearly shown that the party objectins was 19 mstcrialJy ifljured ~bercby. NotwithstandiflS the provisions of this Section 3. I 1, any pray objectins 20 to an Assessment imposed pursuant to this Ordinance must file an objection with a court of 21 competent juriadiction within the ti:ne periods pr~cribed be~in. 22 S£CTION 3.12. COR/'.ECTION OF ERRORS ANt} OMISSIONS. 23 {'A) No acl of error er omission cm the lyre of the Board, County Administrator, Pmper~ 24 Appraiser, Tax Collector, Clerk. or their respectiv~ dcputiea or employees, shall operate lo r~lezse 25 or discharge any obli~ztion for payment of any Assessment imposed by the Bo,~xl under the 26 provisions of this Ordinance. 27 (B) The number of Assessment Units attributed to a pazcel of property may be corrected 28 at any time by the Counly Administrzlot. Any such correction which reduces an Asses'men! shall 29 be considered valid trmm the date on which the Assessment wss imposed smd shall in nc 10 26'1998 ! the enforcement of the Assessment imposed tinder the provisions of this Ordinance. Any such 2 correction which increases an Assessment or imp<nes an assessment on omitted property shall first 3 require notice to the affected owner in the mann~ descn~xl in Section 3.05 hereof, providing the 4 d_a_t_e, time and place that thg. Board will consider confirming the correction and offering the owner 6 (C) After the Assessment Roll has been delivered to the Tax Cullec~r in acconlance with 7 the Uni form ~ Collection Act, any cl~gas, modifications or corrections thetn~ shall be g made in accordance with the procedures applicable to ch'ors and insolvencies for ad valorem taxes. 9 ARTICLE IV 10 COLLECTION OF AS~ESSM£NTS 11 SECTION 4.01. METHOD OF COLLECTION. Unless directed otherwise by the 12 Board, Asseasme~s (other than Assessments imposed against Government Property) shall be ! 3 collected pursuant to the Uni form Assessment Collection Act, and the Coun~ shall comply with ali 14 applicable provisions thereof'. The Resolution of Intent required by the Uniform Assessment 15 Collection Act may be adopted either prior to or following the Initial Assessment Resolution; 16 provided however, that the Resolution of.Intent mttst be adopted prior to Sanuary 1 (or March ! with 17 consent ol'the Property Appraiser and Tax Collector) of the year in which the Assessments a~ first I g collected on the ad valorem tax bill. Any hearing or notice required by this Ordinance may be 19 combined with any olher hearing or notice required by the Uniform Assessment Collection Act 20 SECTION 4.02. ALTERNATIVE METHOD OF COLLECTION. In lieu of using 21 the Uniform Assessment Collectic~. Act, the County may elect to collect the Assessment by any 22 other method which it, authorized bl law or provided by this Section 4.02 as follows: 23 (A) The County shall provide Assessment bills by first class mail to the o'er, er of each 24 affected parcel of property, other than Government Property. The bill or accompanylnB explanatory 25 mate~al shall include (i) a brief explanation of. the ~t, (2) a description oftbe ~ 26 Units used to determine the amount of the Assessment, (3) the nu~nber of As.~ssment Units 27 attributable to the parcel, (4) the total amount of the parcel's Assessment for the appropriate period, 28 (5) the location at which payment v~ll be acxc-pted, (6) the dale on which the Assessment is d~., ami 29 (7) a statement that the Assessment constitutes a lien against assessed property equal in I1 I dilnity with I1~ liau of Ill ~t~le, count, dl~ ~ m~lcipll t~es ~ othK ~-K 3 ~) A ~I ~tice oft~ lira ~ltinB ~ im~sition ortho ~mts shall 4 ~ in ~ O~dal R~ords of ~lli~ ~, fi~d~ No~in~ h~in shall ~ 7 ~ ~1~ ~ in ~ ~ ~ ~ ~w. ~ ~mt f~li ~e dcli~ 10 A~ ~ d~. S~h ~i~ ~all ~ iff eff~ ~ ~ C~n~ m i~ aS~ ~!1 inili~e I~ u~Hd~byl~. 14 ~) All ~su, f~s ~d ex~, including r~lc altom~ f~ ~d title I S ~, telm~ Io my for~l~u~ ~tion u ~ h~n shll ~ includ~ in ~j~ 16 d~ ~ ~fl. Al I~ sale pu~l 1o d~ in ~y s~h ~tion, I~ Co~ may 17 pu~h~ to I~ ~e ~t~t u ~ i~i~dual ~n or ~lion. ~e Coun~ mxyjoin in 18 f~l~ure ~ion the ~!!~1i~ of As~mm~ asai~l ~y or all p~ ~ in ~e 19 ~lh the pm~sions ~m[ All dcli~l pm~ o~ w~ pm~ is for~l~ shll 20 Ji~le for ~ ~flion~ ~ounl of ~nablc ~ls ~d ~ i~un~ by ~ ~unty 21 aSm~, i~ludin~ ~lc i~o~ f~ in colimtion of ~ch dcJinqum~ ~~ 22 olh~ ~m i~ ~ I~ Coun~ u a r~ull of ~ch dclinqu~t ~m~ includin~ but 23 limi/~ to, corn paid for draws on a c~it ~ili~ ~ the ~e shall ~ ~ll~tible 24 in ~dilion to, ~e ~ of Ibc action. 2S (E) In li~ of fm~losu~, ~y dcli~u~l ~~I ~d ~he co~, f~ ~ cx~ 26 t~bu~ble ~, may ~ ~ll~l~ pu~t to the Unifo~ ~mt ~ll~i~ 27 ~, I~ (I) ~i~ is pm~d~ lo ~ o~ in ~c m~ ~ui~ ~ law ~ ~is ~i~, 2g a~ (2) ~y ~i~ins lira of~ ~ ~ aff~ p~cl for thc dcli~umt ~~ is ~J~ 29 by the lira ~ltinf ~m ~ificali ~n of I~ Ass~m~: Roll Io the Tax Collator. ' 12 HAY 2 6 '1998 I $~"rlON 4.0.1. RKSPONS~ FOR ENFORCT..MKNT. The County and its 2 a~ent, if any, shall maintain the duty to enforce the prompt coil~ of As~essn~ats bY the means 3 provided her~n. The duties relaled to collection of Assessments may be enforced at the suit ofany 4 homer of Obligations in a court of competent jurisdiction by mandamus or other appropriate $ proofings or actions. 6 SECTION 4.04. GOVI~RNMKNT I~ROPERTY. 7 (A) If Asacssments are imposed against Governmont Property, the County shall provide 8 Assessment bills by fire clus mail Io the own~ of ~ch affected parcel of Government Property. 9 The bill or a~x~mpanying explanatory material shall include (!) a brier explanation of the 10 Aar~s~ (2) a d~:~ption ot' the Asr, essmc'nt Units used to dttermine the amount or' the 11 Asseasmem, (3) the number ol'A~s~ssrnent Units attributable to the parcel, (4) the total amount of 12 the parcel's Assesnnent for the appropriate period, (5) the location at which payment will be 13 accepted, and (6) the dale on which the Assessment is due. ! 4 {'B) Asseurnents imposed against Governmental Property shall be due on the same date 15 as Assessments against other property within the MSBU and, if applicable, shall be subject to the 16 same discounts for early payment. 17 (C) An Ast, esnnent shall become delinquent if it is not paid within 30 days from the due ! 8 date. The County shall notify the owner of any Ooventrnent Prope~ that is delinquen! in payment ! 9 oir its Assessment within 60 days from the date such Assessment was due. Such notice ~hall state 20 in effect that the County will initiate a mandamus or other appropriate judicial action to compel 21 payment. 22 (13) All costs, fees and .'Xl~'nses, including r~asonable attorney tees and title search 23 expenses, related to any mandamus or other action as described herein shall be included in any 24 judgment or decree rendered thc-rein. Ali delinquent owners o{'Government Property against which 25 a mandamus or other appropriate action is filed shall be liable for an apportioned amount of 26 reasonable costs and expenses incurred by the County, including reasonable attorney lees, in 27 collection orsuch delinquent As~estments and any other costs incurred by the County as a result ot' 28 such delinquent Assessments including, but not limited to, costs paid for draws on a credit facility 29 and the same shall be collectible as a part of'or in addition to, the costs ot'the action. 13 Z 6 1998 I t~) As m aha'native to 2 ~ ~ ~,~ ~ ~ bill f~ my ~li~ ~ ~ ~ ~h ~~~ ~. ~ ~ ~ ~ ~ r~ ~h billin~ ~ ~ ~Y utili~ 4 S AR~E 6 I~U~ OF OBLIGA~ONS 7 SE~ON S,OI. GE~ X~O~, 8 (A) ~ ~ of I I ~li~ii~ m ~ ~ ~j~ C~ 12 ~) ~ ~i~l of~ in~ on ~h 13 PI~ R~. A~ ~ ~fi~ ofl~ Bo~. ~e Coun~ may ~. by ~lulion. ~ b~g~ ~ 14 ~~ ~ m ~e ~ ~y defici~y in ~h~ ~ ~ ~li~ f~ ~ ~li~ 15 ~ in i~ ~ of~ ~li~{~s. ~ ~ ~ ~1~ ~ue ~ ~~Y 16 al~ ~d~ ~ ~l~i~ for ~ plcd{c 18 na~e ~ exist of~y pl~gc of or li~ u~n pr~c~s of tach ~n-~ val~ ~ ~. 19 SE~ON ~.02. ~IS OF 20 ~t~ s~ll ~ im~ m s~h ~Ic ~ m--. ~11 mamm at ~h ~im, ~ ~y ~ ~i~ by 23 Obli~i~s s~ll ma~ mi la~, 24 ~lufi~ Ihe f~ of~ ~li~ions. Ih~ 25 d~i~li~ of ~h ~li~tions. 26 whi~~~~~Y~in ~°~dc °f~ S~ °f~ ~ ~h ~ 28 ~blic ~ phrase ~lc for s~h p~cc or 29 Obli~atiom may ~ deliv~ m ~y con~or 14 l.i Y 2 6 1998 ! o~ n~y be tom in tach ~ ~nd for ~uch price ~ ~ ~ tony d~in~ by ~lul~on ~ 3 SE~ON 5.03. VARI~LE ~TE OBLIGA~ONS. At ~ ~i~ of thc B~ 4 ~lipt~ ~ ~ ~ at a v~ab~ ~ 5 SE~ONS~. ~MPO~RY OB~GA~ONS. ~ ~ ~ pr~ation of 6 ~fin~ ~li~ of ~y ~ t~ ~ my, ~ like ~~ i~ intern 8 ~li~ ~ ~ ~ ~ ~ ~k f~ ~li~. ~ ~ may a~ pmvi~c for 10 ~ i~ ~ ~ m~ ~in~ ~ ~ ~ing of my o~ ~it[~ ~ things 12 SE~ON 5.~ ~A~ON N~ ~ ~~ of~ ute 13 t~ ~o~ m~, ~ ~lmi~, i~ ~t~ ~ may ~ ~ ume ~m time to time. Such ~t~ t 4 may ~ ~d ~ t~ ~ o~the ~ligafion~ the ~ oft~ A~~ ~ p~ of 15 the ~t~ ~ ~ ~ ~lly article ~ ~ ~ B~ d~s a~ate by ~luti~. 16 Said ~ ~!1 m~ ~in five ~ o~ t~r im~ ~ s~il ~ im~ ~ a rate ~t 17 ~ing ~ m~imum ~te ~d~ by law. ~ Bo~ may ime Obligatiom ~ r~al ~ 18 to ~ay the ~tu. ~e ~t~ ~II ~ i~ in the ~e m~ ~ the ~lisations. 19 SE~ION 5.~. T~G ~R NOT PLE~ED. ~l~pti~ i~u~ u~ 20 ~siom ofthis ~in~ shall ~ ~ d~ to c~ti~te a g~al ~ligation ~ pledge oft~ 21 ~ll ~aith ~ ~it oft~ C~n~ v~thin ~e ~ing oft~ C~i~ of~ S~ of Flo~d~ 22 ~ch Obligati~ s~ll ~ payable ~ly ~m Pl~g~ R~ in ~e m~ ~d~ h~in 23 by the ~luti~ aut~6zing t~ ~li~ti~. ~ i~e of ~li~ti~ u~ the pm~si~ of 24 this ~inwce ~all not di~tly or i~i~tly ~tigate the Co~ to !~ or to pl~ge ~y ~o~ 25 ~ ~1o~ t~i~ ~t~ th~or. ~ ~ld~ o~wy ~h ~ligations shall ~ ~ve ~e ~t 26 to ~1 ~y ~i~ oft~ ~ valor~ ~ing ~w~ ~ t~ ~ of~e Co~ to p~ a~y ~h 28 a~i~ ~y ~ of the Cou~, ~r shall such ~ligati~s ~timfe a cb~e, !i~ 29 ~m~e, i~al ~ ~uitable, u~n wy p~ ofthe County, e~t the PI~g~ 15 R I SECTION 5.0'/. TRUST FUNDS. The Pledged Revenue rz~.eived pursuit to the 2 autlx)rity of 0~is Ordinan~ stall be deg~ned to be trust funds, to be beld and applied solely as 3 provided in II,is Onlinance ~xl in the resolugion authorizing issuance of the Obligations. Such 4 Pledged Revenue may be invested by the County, or ils desil2~me,, in the manJ~¢r provided by 5 resolution mJllxwi~g issuance of the Obligations. The Pledged Revenue upon r~ccip~ thcrcof by 6 the County shall be subject to tbe lien and pledge of the holders of any Obli$~ions or ~Y cnti~ ? other than I~ Coumy providing credit enlm~ernen! on the Oblivions. 8 SECTION $.0t REMEDIES OF HOLDERS. Any holde~ ofO~ligstlons, excel~ to 9 the extent the rights herein $dven may be r~stricted by the resolution authorizin$ issu~c¢ of the 10 O~ligations, may, whether at law o~ in equity, by suit, action, margiamus m' other proceedings, I ! protect and enforce any and all rights under I~ laws o~'the State of Florida or granted hereunder or 12 under such r~olution, a~d mn), enforce and comp~l the performance ofall dutics re. qukcd by this 13 ptn, or by such ~-solufion, to be performed by the County. 14 SECTION 5.09. REFUNDING OBLIGATIONS. The County may, by resolution 1 $ of the Bo~d, issue (~ligations to r¢fiz~d ~ny Obligatior~ issued pursuant to this Ordinance, or any 16 other obligations of the County thcretofore issued to finance the Project Cost of a Local 17 Improvement, and provide for thc right~ of the bolder% hereof. Such r~funding Obli~tiol~ may be 18 issued in an amount sufficient to provide for the payment of the principal of, rodemption prt-rn|um, 19 if any, stol interest o~ the o~andlng Obligalions to be r~funded. If the i~uance ofsuch refunding 20 Obligations results in an av. nual Asse'~$menl that exceeds the e~timatcd maximum annual 21 Assesn'nents sz~ forth in the notice provided pursuant to Section 3.05 hereof, the Board shall Provide 22 notice to the affected pn~'rv/owm,'s and conduc~ a public hea~g in the m~er requi.'~l ~), A~icle 23 IH of this Ordinance. 24 ARTICLE VI 25 GENERAL PROVISIONS 26 SECI'ION &.Ol. ALTERNATIVE METHOD. This Ordin~w.e shall be deer ned 27 provide an ndditional and alternative method for the imposition and cc~llection of Ass~r~.cnts and 28 shall be regarded as supplemental and additional to powc'rs conferred by other law~ and ~hall ! 2 3 4 $ 7 8 I0 12 13 ~4 17 2O 2! 22 2~ 24 26 27 28 30 b~ r~.~d u in de~ropfio~ ot' ~y ixr~r~ r~ ~i~ ~. 8~23, u ~, I~I ~ ~paid ~ ~ eff~tive ~te oF~is Ordin~cc shall ~n ~ ~ ~ ~ ~II ~ mbj~ lo mf~ ~ ~ll~i~ in the ma~cr provid~ in ~i~ ~. 8~23, u ~, this ~in~e, ~ ~y o~ 1~i m~. SE~ON&03. CON~I~ ~O SE~BIL~ If ~ ~ ~ ~ ~ ~M ~ ~1~ to ~ ~i~l, i~five or ~[d. such ~ldi~ Ihall ~ ~ to ~ i~li~lc Io ~y ~n. p~ aff~ i~ ~lic~ili~ ~ any o~h~ ~n, p~y or circ~stanccs. SE~ON 6.~. EF~I~ DATE. ~is ~in~e ~all ~linj wilh ~ ~1 of S~ate. P~ED ~ DULY ADO~D by the Bo~d Count, ~his. day of , I ~8. A~T: BO~ OF CO~ CO~SSIO~RS D~OHT E. BRa, CLERK OF COLLI~ CO~, ~O~A By: DeputyCied~ By:_ Approved as to t'oml a~d lesal su f~ciency:. BAR/3~ B. BERRY, CHArRMAN 17 AGENDA, 1998 EXECUTIVE SUMMARY PETITION NO. V-98-5, JOAN E. FERRO REQUESTING AN AFTER-'FH~-??,~:'~- VARIANCE OF 0.75 FOOT FROM THE REQUIRED HEIGHT FOR FENCES AND WALLS ~-:;~OM 4 FEET TO 4.75 FEET FOR A SINGLE FAMILY HOUSE LOCATED AT 490 PAL~,~ COU'RT, LOT 1, BLOCK 'I-F, CONNORS VANDERBILT BEACH ESTATES UNIT 2. The pelttlormr is requesting the above described vadance in ord:::~ ',..,.:.. r~,m, ove an CONSIDERATIONS: The applicant requested and obtained a permit (Permit # 97050490) to build a 4 foot high wall along Vanderbilt Drive. The plans dearly showed a 4 foot high wall. According to the applicant, due to the confusion on their part, they measured the height of the from the road elevation es opposed to the general ground elevation. Th!~ ~dion caused the wall to be around 9 Inches higher than the maximum allowable hei~:~, or 4 feet. The Collier County Planning Commission reviewed this petition on May 7, 1998 and by a vote of 9-0 recommended approval. FISCAL IMPACT: None. GROWTH MANAGEMENT IMPACT: None. HISTORIC/ARCHAEOLOGICAL IMPACT.; Staff's analysis Indicates that the petitioner's property is located oul~ide an area of historical and archaeological probability as referenced on the offici;:l Cc'.lier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. p. LANNING COMMISSION RECOMMENDATION: That the ;~ard of Zoning Appeals ;~pprove V-98.5. 1 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE ~~, ~ ~AGER CURRENT PLANNING SECTION DATE 15,OB~'RT J. MULHERE, AIC , DIRECTOR PLANNIN~I'SERVI~ES DATE VINCENT A. CAUTERO, AiCP, Ar)MINISI:~tATOR DATE COMMUNITY DEVELOF~-/IENT & ENVIRONMENTAL SERVICES 2 MEMORANDUM TO: FROM: DATE: RE: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT AND ENVIRONMENT~,L SERViC~.S DMSION April 2, 1998 PETITION V 98-5 AGENTIAPPUCANT: Owner:. Joan E. Ferro 490 Palm Court Naples, FL. 34108 REQUESTED ACTION: The petitioner is requesting a 0.75 foot variance to the required height for fences and walls from 4 feet to 4.75 feet for a single family residence. GEOGRAPHIC LOCATION: The subject property is located at 490 Palm Court and is fu~:i~:~' ~:: :.~.::, ::~:d as Lot 1, Block 'H' Conners Vanderbilt Beach Estates Unit 2, Section 2::~, ';-~ ,' ~ .... ip 48 South, Range 25 East, Collier County, Florida. PURPOSE/DESCRIPTION OF PROJECT: The applicant requested and obta:ned a permit (Permit # 97050490) to build a 4 foot high wall along Vanderbilt Drive. TI' e plans cleady showed a 4 foot high wall. According to the applicant, due to the confusion on their part, they measured the height from the road elevation as opposed to the general ground elevation. This action c.~used the wall to be around 9 inches higher than the maximum allowable heicjht of 4 feel ~URROUNDINGLANDUSEANDZONING: Existing: - Single family residence, zoned RSF-3 Surrounding: North - Single family residence, zoned RSF-3 East - Single t'amily residence, zoned RMF-6 South - Multi-family residences, zoned RMF-6 West - Single family residence, zoned RSF-3 -1- ,? I~AY 2 6 HISTORIC/ARCHAEOLOGICAL IMPACT: Staff's analysis indicates that the peUtioner's prope~t.y i~ historical and archaeolog~l probability as referenced on Probability Map. Therefore, no Histortcat/Archaeologic~l required. EVALUATION FOR ENVIRONMENTAL. TRANS~Oi~[IA]'i INFRASTRUCTURE: Approval of this variance request ,Mil have no effect on iai .... environment. Section 2.7.5 of the Land Development Code grants the Zoning Appeals to grant variances. The Planning Commis~:' ' and ub'lizes the provisions of Subsection 4)(a) through to be used to assist the Commission in making a (a) through (h) of Subsection 11.1 4) are as follows: a. Are there special conditions and circumstances to the location, size and characteristics of the Involved? No, this wall was built 9 inches higher than the applicant assumed that the height may be measurod opposed to the general ground elevation. Are there special conditions and circumstances wh!,:h .': action of the applicant $~Jch as pre-existin[~ property which is the subject of the variance reques No, all conditions are self-imposed. Will a literal Interpretation of the provisions o[ work unnecessary and undue hardship on the applic:~. No, the only hardship would be the expense of ren~o','i:-,'~ , wall. de Will the variance, if granted, be the mlnlmun; possible the reasonable use of the land, bulldi~:.g ,~:' promote standards of health, safety and welfare? -2- ~ :'ca of County merit is , .,:,[ion or Board of the BZA :delines '.:~ items ::eculiar ~uilding · , :;;,use the ' }ration as ,It from the .,.~ to the ment Code ::Aion of the <; will make i MAY 2 6 1998 ,, ~ ......... ee No, a vadance is not necessary to make possible the reasonable use of the land; however, a 0.75 foot height variance will remove the violation and will allow the applicant to keep the wall as built. Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations to other lands, buildings, or structures in the same zoning district? Yes, however, in the vicinity of this residence, they are a multitude of 6 foot high walls, built prior to the Code amendment which reduced the height of walls placed parallel to the streets from 6 feet to 4 feet. Will granting the variance be in harmony with the general intent and purpose of this Land Development Code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare? No, granting of this variance will increase the height of the wall which will not be in harmony with the general intent and purpose of the LDC. However, approval' of this request will not be injurious to the neighborhood or detrimental to the public welfare. Are there natural conditions or physically induced ameliorate the goals and objectives of the regulation preserves, lakes, golf courses, etc.? conditions that such as natural No, there are no natural or physically induced conditions such as lakes or preserves to ameliorate the goals and objectives of the regulation. Will granting the variance be consistent with the Growth Management Plan. Approval of this vadance will not affect or change the requirements of the Growth Management Plan. STAFF RECOMMENDATION: Staff recommends that the recommendation for denial. CCPC forward Petition V 98-5 to the BZA with a MAY 2 6 1998 PREPARED BY: CHAHRAM BADAMTCHIAN, Ph.D., AICP SENIOR PLANNER DATE ~EWED BY: ~::)/NALD ~11~ 0,-~1C P, MANAGER CURRENT PLANNING SECTION DATE T J. MULHERE, AICP, DIRECTOR PLANN,~I~,~ SERVICES VINCENT A. CAUTERO, AICP, ADMINISTRATOR DATE COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE Petition Number:. V-98-5 Staff report for May 7,1998 CCPC meeting. This Petition has tentatively been scheduled for May 26,1998 BZA Public Headng. ~ssion: MICHAEL A. DAVIS, CHAIRMAN MAY 6 1998 RESOLUTION NO. 98- RELATING TO PETITION NUMBER V-98-5, FOR A VARIANCE ON PROPERTY HEREINAFTER DESCRIBED IN COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 125, Florida Statutes, has conferred on all counties in Florida the power to establish, coordinate and enforce zoning and such business regulations a~ are necessary for the protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which establishes regulations for the zoning of particular geographic divisions of the County, among which is the granting of variances; and WHEREAS, the Board of Zoning Appeals, being the duly elected constituted Board of the area hereby affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of a 0.75-foot after-the-fact variance from the required 4 foot wall height to 4.75 feet as shown on the attached plot plan, Exhibit "A", in an RSF-3 Zone for the property hereinafter described, and has found as a matter of fact that satisfactory provision and arrangement have been made concerning all applicable matters required by said regulations and in accordance with Section 2.7.5 of the Zoning Regulations of said Land Development Code for the unincorporated area of Collier County; and WHEREAS, all interested parties have been given opportunity to be heard by this Board in public meeting a.~se~%bled, and the Board having considered all m~tters presented; NOW THEREFORE BE IT RESOLVED BY THE BOARD OF ZONING APPEALS of Collier County, Florida, that: The Petition V-98-5 filed by Joan E. Ferro, with respect to the property hereinafter described as: Lot 1, Block H, Connors Vanderbilt Beach Estates Unit 2, as recorded in Plat Book 3, Page 17, of the ~ublic Records of Collier County, ~lorida. -1- hlAY g 6 1998 be and the same hereby is approved for a 0.75-foot after-the-fact evariance from the required 4 foot wall height to 4.75 feet as shown on the attached plot plan, Exhibit "A", of the RSF-3 Zoning District wherein said property is located. BE IT RESOLVED that this Resolution relating to Petition Number V-98-5 be recorded in the minutes of this Board. This Resolution adopted after motion, second and majority vote. Done this day of , 1998. ~u ATTEST: 1~ DWIGHT E. BROCK, Clerk ~? Approved as to Form and Legal Sufficiency: ~1 MarJof. le M. S'tude'nt :: Assistant County Attorney 24 r/v-go-$ lar.3oLO'rl(:~ BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BARBARA B. BERRY, Chairman -2- MAY 2 6 1998 ..__.. g. _ ~ I ,~'tl.. 60 FOOT HIDE I:tlGHT-OF-HAY NBg* 3,0' 00' E 85. 00' *3 IRON cHO ~AP FOUND £1eY3tlons sho~n hecean ace In.f~et ~n~ decilal parts thereof ~ are in the Jerl~ian of the N~tlon~l a~d a~e ~eplcted as X 6.55 .~ LOT ~ %~ BLOCK H '~'~,'? EXISTING S TRUC TURE l¥ CONC.. , UL, KHEA~._O >'8 '5° '5' }I~LL ON SlOE LOT L INS gXH?I~IT "A'' S89' 00' 00' ~1~o' 00' *' +' '5. ,,~.~ ~L~ o~ · LOT L I~E ON REAR LOT LINE MAY 2, 6 1998 PLA TTED kiA TERNA Y (VARIANCE FROM SETBAcK(S) ~ FOR A PARTICULJkR ZONING DIS ICT) " REQUIRED I~AR 19 1998 i~¥ _95-5 ~ PETITIONER'S N~4E __~ PETITIONER'S 7LDDRESS 490 Palm C___ourt Naples, Fla. 34108 TELEPHONE(941) 597-8101 AGENT' S 7~DDRESS TELEPHONE LEG~ DESCRIPTIOI; OF SUBJECT PROPERTY: LOT(S)_i__ BLOCK(S) Conners Est.2 SUBD!VISION~ SECTION-Y-~P-r~TWP' RANGE (If legal description is lengthy, i.e. metes & bounds description, attach additional page) H CU~NT ZONING OF SUBJECT PROPERTY RSF-3 EXISTING I~2~D USE ON SUBJECT PROPERTY Home ~JACENT ZONING & IJiND USE ZONING LAND USE Homes N RSF-3 S RMF-6 Multi-Family Homes E RMF-6 W RSF-3 MINIMiR4 YARD ~LEQUIREMENTS FOR SUBJECT PROPERTY FRONT: 30 CORNER LOT: NO//fES~(CIRCLE ONE) SIDE: 7.5 WATERFRON LOT: ~ (CIRCLE ONE) p~: 25 1 MAY 2 6 1998 DOCUMENT MISSING ITEM # 13A2 page 12 o A.re there speciai conalClO~S a~ clrc~r, sta~ceo ~;._c ........ result from the action of the applicant such as pre-existing conditions relati~,e to the property which is the subject of the variance request. NO o Will a literal interpretation of the provisions of this zoning code work unnecessary and undue hardship or create practical difficulties on the applicant. Busy Road, Noise, Privac~ and Cost of Removal. Will the variance, if granted, be the minimum variance that will make possible the reasonable use of the land, building or structure and which promote standards of health, safety or welfare. YES o Will granting the variance requested confer on the petitioner any special privilege that is denied by these zoning regulations ~o other lands, buildings, or structures in the same zcning district. NO All Walls are higher on entire length of Vanderbilt Drive. See attached photographs. MAY 2 6 ]998 o Will granting the variance be in harmony with the intent and purpose of this zoning code, and not be injurious to the neighborhood, or otherwise detrimental to the public welfare. Y~s o Are there natural conditions or physically induced conditions that ameliorate the goals and objectives of the regulation such as natural preserves, lakes golf course, etc. ' 8. ;Jill granting the variance be consistent with the growth management plan. '0 NAY 2 8 1998 I, Joan E. Ferro being first duly sworn, depose and say that I am the owner of the property described herein and which is the subject matter of the proposed hearing; that all the answers to the questions in this applicaticn, and all sketches, data, and other supplementary matter attached to and made a part of this application, are honest and true to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be advertised. I further permit Anthony Ferro, my husband to act as my (AGENT'S NAME) representative in any matters regarding this Petition. State of Florida County of Collier The foregoing Agreement Sheet was acknowledged before me this .~c~ day of ~o~L_ , 1990 by ~, who ii'~-s'oP~~~'-to me or who has produced _ as identification and who did (did not) take an oath. / (Signature of ~otary Pub]~- NOTARY PUBLIC Co~ission My Co~ission Expires: S~ate of Florida County of Collier VARIA3;CE AP PLI C_ATION/md Th~Lforegoing Agreement Sheet was acknowledged before me this who is personally_ k__no_wn to me or who has produced as identifi~-~tion and who did (did not) take an oath. (Signature of %Notary P~'blic) NOTARY PUBLIC Co~mission # My Commission Expires: 4AY !q98 MAY ~ 6 1998 MAY 2 6 1998J MAY 2, 6 1998 I~AY 2 6 1998 ~~) flAY 2 6 1998 ~t~¥ 2 6 ~998 MAY 2 6 ~998 MAY 2 6 1998 .... ,,~,..,~3 _._1 MAY 2 6 1998 ~AY 2 6 ~998 MAY 2 6 1998 EXECUTIVE SUMMARY PETITION NO. CU-97-25, LOU STIR,NS (OWNER./AGENT) REQUESTING APPROVAL FOR CONDITiONAL USE "14" (SOCIAL ORGANIZATION') IN AN RURAL AGRICULTURAL "A" ZONI]qG DISTRICT FOR. A CLOTHING OPTIONAL CLUB, FOR PROPERTY LOCATED ~A MILE SoIYrH OF IMMO~EE ROAD, 2 MILF~S EAST OF CR-951, BETWEEN MOULDER ROAD AND RIVERS ROAD, CONSISTING OF 20 ACRES, IN SvJCTION 30, TOWNSHIP 48 SOUTH, RANGE :27 =~AST, COLLIER COUNTY, FLOR~A. OB.IECTIVE: Th;s petition seeks approvi:l for Conditional Use "14' (Social Organization) in the Rur~ Agricultural "A" zoning district. CONSIDERATIONS: The. petition~ is proposing to develop a social club in which persons will reportedly be engaged in soci~l and r~reational activities and who are not clothed in any marn~er of wearing apparel. Proposed facilities include: a main residence; seven manufactured structures intended to be u~xi az gue~--t cottages which are approximately 500 square feel in size; a pool and spa; a chickee hut; restroom; passive recreation trails around W/o nar'm-al wetlancks; and, a two acre man-mMe lake. The master plan also reveals a ripe), foot natural buffer around the p.'xrimeter of the entire property, a gated drive'v,'ay to Moulder Road and a pa-king lot for 78 cars. Acce.*.s to the site is from an unimproved dirt/limerock road (Moulder Road) which intersc, cts with bnmokalee Road (CR-846) 1/2 mile to the north. Sewage disposal and potable wamr supply will be provided by on-site sysiems (well and septic). The subject propervj is located 2 miles east of CR-951, V, mile south of Immokalee Road, between Moulder Road and P, Jvers Road. The site is 20 acres in size, zoned Rural Agricultu,,'al "A" and is undeveloped. About seventy percent of the site is covered with cabbage palm forest. The remaining arera i,~clude freshwater marsh, cypre: ./cabbage palm, willow head and distu, rlyexl habitats. The proposed development plan will impact }..5,,out 9.26 acre-., of the site. Property surrotmding the subject site is also zoned "A" and for all intent a:~d purposes is undeveloped. Along Moulder Road there are approximately six residc,-ntial dwelling units ,-md along Rivers Road there are three residential dwelling ,mits. A l,tnd$cape nursery is located eas~ of the :~ite. Tiffs area is considered remote fi.om existing development, lacks public'facilities and services an, d is environmentaliy sensitive. 'l~,e petitioners m~.ster plan reveals seven overrfight lodging facilities and a main residence. Although the BZA approved scve'ral overnight l,.,dging facilities in concert with gym.a ties centers, spm~s camps, instructional schools and the like, the BZ.A hax not co'~ditio,"udly re-~,ie'wed or approved ovcrnig.ht lodging in association with a racial organization. Therefore staff is of the opinion that a policy decision should be r,mder~ by tl,.e BZA in regards to th/, issue.. If the BZ.) ~ staff is of the opinion that the nurnbcr of lodging facilities on-site shall not exceed one facility per 5 acres for a total of four. Also the lodging facilities shall not be utilized for rental purposes. Thc Collier County Planning Con'n'nission reviewed ti'ds petition on May 7, 1998 at their public hearing and recommcndcd denial of thc petition 9-0. Each Plaa~n/ng Commissioner expressed concern with thc long term traffic impact on Moulder Road. The Commissioners wc:'c also concerned vdth the petitioners unwillingne~:~ to commit to upgrading or paving Moulder Road. Several Commissioners concluded that thc usc was incompatible with the agricultural density otherwise allowed in this area. The petitioner noted he would not cormnit to fencing thc project and preferred to utilize the existing native vegetation and supplcrncnt additional vegetation as a buffer to keep trespassers out. As a result, the Planrfing Commission overwhelmingly voted to deny this petition. Staff also received several phone calls, letters and public pctitions (sec attached) opposing thc social club. The overall concerns arc summarized as follows: patrons of thc club would utilize an existing unimproved din road; advertising for club membership is provided via thc intcrnet; sexual activity; drinking; security; spectators, gaukcrs and trespassers; club participation at pot luck dinners; there are approximately 25 children in thc neighborhood and neighbors fear they may trespass without proper fencing; area residents moved to thc neighborhood to reside in a quite rural environment; thc clubs pcrc..'zption may hinder pccrs and friends from visiting family members; and the proposal for overrfight lodging is opposed by thc neighbors. FISCAL IMPACT: This amendment by and of itself will have no fiscal impact on thc County. However, if this amendment achieves its objective, the land will bc developed. Thc mere fact that nc,,/development has bccn approved will result in a futurc fiscal impact on County public facilities. The County collects impacl fees prior to thc issuance of building permits to hcip off-set the impact of each new dcvelopmcnt on public facilities. These impact fecs are used to fund projects in the Capital Improvement Element nccded to maintain adopted levels of service for public facilities. In the event that impact fcc collections arc inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROV~TH 5IANAGEMENT IMPACT: The property lies within the Agricultural/Rural Mixed use designated area on the Future Land Use Element (FL[;E). This designation is for those areas that are remote from existing development, lack public facilities and s,:rvices, are mvironmentally sensitive or me in agricultural production. Urbanization is not promoted, therefore allowable land uses are of a low intensity. A limited selection of land uses, other than low density residential, and agricultural is permitted. Such us~ include: essential services, parks, open space, va.rious recreational uses, corrmmnity facilities, schools, fn'e and police stations, utiliD' and communication facilities and ea.rt}unining. The use intended by this petition qualifies under the provision allowing for various th'pcs of recreational uses in ,.,he R n'arlPAl~~rkv designed area. MAY 2 6 1998 2 A refit-w by appropriate staff has indicated that this petition has been designed to account for the necea~ry relationships dictated in the Agricultural/Rural designated area. Where appropriate, stipulations have been generated to ensure consistency with the GMP. Therefore, this petition has been deemed to be consistent with the GMP. Other consistency relationships are as follows: Tr.affiq: Circulation Element Staff l:m reviewed the petitioner's requ~.st and ha the following comment: The ITE Trip Generation Manual doe~ not provide trip rates for a social club, however, st~ff estimates they will generate approximately 15 to 50 trips per weekday. Some special events may generate up to 80 to 100 trips. Based on this data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Moulder Road. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence ('RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists lmmokalee Road as a 2 lane medal road. The current traffic count 10,454 and is operating at LOS "C". It should be noted that this 2 mile road segment east ofCR-951 is not projected to be deficient within the next five years. Therefore no mad improvement to 4 lane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Arm_ ticoble Element: StafFs review indicates that this petition has been designed to account for the necessary relationships dictated by the GMP. Where appropr/ate, stipulations have been generated to ensure consistency with the GMP during the permitting process. Therefore, this petition has been deemed to be consistent with the Growth Management Plan. HISTORIC/ARCHAEOLOGICAL IMPACT: Pursuant to Section 2.2.25.8.1 of the I.~ ad Development Code, if, during the course of site clearing, excavation or other consta'uction activity ~n historic or archaeological artifact is found, all development within the mir,Jmum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Departmcmt contacted. PI.ANNING COMMISSION RECOMMENDATION: The Collier County Planning Commission recommends that the Board of Coun~ Commissioners deny Petition CU-97-25. MAY 2 6 1998 PREPARED BY -- BRY~AN ~,LK PRINCIPI~L FLANNER RbNALD F. NINO, AICP CURRENT PLANNING MANAGER PLANNINg.ES ~NT DIRECTOR VINCENT A~ CAUTERO, AICP, ADMINISTRATOR COMb~ DEV. AND ENVIRONMENTAL SVCS. CU-97-25 EX SUMMARY/rr~ DAT~ -~ ~. t~.cjg DATE DATE gAY 2 6 1998 AGENDA ITEM 7-C M~EMOP,~DUM TO: FROM: DATE: RE: COLLEER COUN'I-Y PLANNING COMMISSION COMMLrNITY DEVELOPNLENT & ENVIRONMENT.aZ SERVICES APRIL 15, 1998 PETITION bi'O: CU-97-25, LOU STIRNS SOCIAL CLUB OV~Nq~PJAG ENT: Agent/Owner: Louis H. Stims P.O. Box 413005 #136 Napl~, Florida 34101 REOUESTED AqT!'!ON: The applicant is seeking to obtain approval for Conditional Use "14" (Social Organization) in an Agricultural "A" zoning district. The subject site is located ½ mile south of Immokalee Road, 2 miles east of CR-951 between Moulder Road and R/vets Road, consisting of 20 acres, in Section 30, Township 48 South, Range 27 East, Collier County, Florida. PURPOS_EJDESCI%IPT!ON OF PROJECT: The subject property is ,an undeveloped twenty ac~ parcel, rectang-ular in shape located between R/vers Road and Moulder Drive approximately one half mile south of knmokalee Road. About seventy percent of the site is covered with cabbage palm forest. The remaining me. as include freshwater marsh, cypressJcabbage palm, willow head and disturbed habitats. The proposed development plan will impact about 9.26 acres of the site. The petitioner is proposing to develop a social club in which penons will reportedly be engaged in social and recreational activities and who are not clothed in any manner of wearing apparel. Proposed facilities include: a main residence; seven manufactured structures intended to be used as guest cottages wl'dch are approximately 500 squ. a,-'e feet in size; a pool and gpa; a chickee hut; re~trooms; passive recreation trails around two mttural wetlands; and, a two acre tram-made lake. 'I'he mazter plan also reveals a fifty foot natural buffer around the perimeter of the entire property, a gated driveway to Moulder Road and a parking lot for 78 cars. Acc, e~ to th,,~,.;~ :- e .... unimproved dirvqimertx:k road (Moulde: Road)which interseclz with Immokalee toad '[W~~ MAY 2 $ 1998 PO. ~' mile to the north. Sewage disposal and po,able water supply will be provided by on-site systems (well and septic). / SURROUNDING LAND USE AND ZONING: Existing: The site is currently undeveloped. The western portion of the site is comprised of jurisdictional wetlands. The remainder of the site contains upland cabbage palm forest. The site is zoned Agricultural "A". Surro,.mding: North - Property to the north is zoned Agricultural "A", and consists of cabbage palm upland habitat. One single family home is located north of the site. East Moulder Road is contiguous to the es. stem property boundary. F.2at of Moulder Road is Agricultural "A" zoned property and an existing nursery/landscape business. South - West - Property to the south is zoned Agricultural "A", undeveloped, and consists of cabbage palm upland habitat. Rivers Road is contiguous to the western properly boundary. West of Rivers Road is Agricultural "A" zoned property. Two residential dwelling units are located in this area. GROWTH 3IA_~N_AG.6_G~MEB'T PLAN COIN$I.S. TENCY: Future La~d The property lies w/thin ti~e Agriculta:ral/Rural Mixed Use designated area on the Future Land Use Map to the Future Land Use Elemen! (FLUE). This designation is for those areas that are remote from existing development, lack public, facilities and serdces, are environm~tally sensitive or are in agricultural production. Urbanization is not promoted, therefore allowable land ur, es are of a low intensity. A limited sel<tion of land uses, other than low density residential, and agricultural is pcmfitted. Such uses include: essential ser~4ces, parks, open space, various recreational uses, community facilities, schools, fire and police stations, utility and communication facilities and ear'dm'fining. The use intended by this petition qualifies under the provision allowing for various types of recreational uses in the Rural/Agriculturally designed area. A review by appropriate staff ,has indicated that tb. is petition ho.a been designed to account for the necessary relationships dictated in the AgriculturalAa, aral designated area. ~ stipulations have been generated to enxure consistency with the GMP. Therefore, this petition has been deemed to be consistent with the GMP. Other consistency relationships are as follows: Traffic Circulation Element Staff has reviewed the petitioner's request and has the following comment: The ITE Trip Generation Manual do,~ not provide trip rates for a .social club, however, staff estimates they will generate approximately 15 to 50 trips per weekday. Some special events may generale up to 80 to 100 trips. Based on this data, the site gen.,:rated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Moulder Road. Furthermore, this petition will not lower the level of service below any adopted LOS "D" standard within the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 ,'md 5.2 of the Traffic Circulation Element (TCE). '~e TCE lisB Immoka!ee Road as a 4 lane arterial road. The current traffic count 10,454 and is operating at LOS "C". It should be noted that this 2 mile road segment east of CR-951 is not projected to be deficient within the next five years. Therefore no road improvement to 4 lane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Elem_ent: Other applicable elements are those typically evaluated at the time of subsequent development approvals and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. ItlSTORIC/ARCIIAEOLO_C,!CAL IMPACT: Pursuant to Section 2.2.25.8. I 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 devclopmcnt within the rNnimurn area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR I~ .Nyl. RONMF. NTAL, TRANSPORTATION AND INFP~XSTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This primarily includes a review by the Community Development environ, rnental and engineering staff, and the Transportation Department staff. CRITERIA EVALUATION: The Current Plarming Staff has coordinated a comprehensive evaluation of this land use petition and the criteria on which a favorable determination mu.st be based. This evaluation is intended to provide an objective, comprehensive overview of the impacts of the proposed land u: positive or negative, culminating in a staff recommendation bast. d on that compr '~hensive o-eetSq-e'w. MfiY 2 6 1998 The below listed criteria are specifically noted in Section 2.7.4.4 of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation of~, approval or denial by thc Planning Commission to the Board of County Commissioners. Each of th, potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con whichever the case may be, in the opirfion of staff. Staff review of eaci~ of the critcrion is followed by a summary conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. Consistency with this code and Grow'th Management Plan. pro: The requested use is consistent with the applicable elements of the GMP and provisions of the LDC. Not applicable in view of the consistency evaluation with thc GNP and LDC. Surrunarv Conclvsjon (Findin~:$): The proposed use is authorized in the Agricultural/Rural Mixed Use designated areas in the "A" Agricultural zon/ng district, which provides for the requested uses as conditionally permitted uses. bo Ingress and egress to properD' and proposed structures thereon with particular reference to automotive and pedestrian safety, and convenience, traffic flow and control, and access in case of fire or catastrophe. Pr9; Access to the site is from Moulder Road, an existing private road which intersects lmmokalee Road (CR-846) V2 mile to the north. Ingress and egress to the site will be provided via a proposed driveway connection. The entrance is gated and automobile stacking is provided on-site. The driveway entrance should not have a negative impact on traffic flog' or access. Traveling to and from the site on Moulder Road, vehicular traffic will pass six residential driveways. Most of these driveways lead to residences on the east side of Moulder Road. (~0n: Access to the site is provided via a private road which is currently unimproved a.nd has a dirt/limcrock surface. Vehicles traveling to and from the site will generate dust and exacerbate maintenance problems on the existing road. Due to the lack of development surrounding the subject site, the impact of the dust on neighboring developed properties will be minimal. However increased traffic on this portion of Moulder Road will increase road maintenance requirements and may be problematic to contiguous residential development. ~;~ary Conclusion (Fin.d. in_g~: Based on the layout of the site plan coupled with the condition of low traffic volumes and clear sight distances from access points, the access driveway from Moulder Road should produce sufficient operating conditions. Access geometry and on site traffic circulation will be subject to approval at the time of Site Development Plan approval. Since Moulder Road fimctions m '..he primary access to residential and less intense land uses in th/s area, the add{tion of 15 to 50 trips per weekday may have a detr/mental effect on Moulder Road in terrr~ of incre~~ requirements, a~,d" "may create additional dust and noise wlfich could nega ~.ively"~:~ff-4tff I A¥ g 6 1998 do users of the road. For these rca. sons, stipulations in the resolution of adoption are r~commcnded in order to reduce these negative impacts. The effect the conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects; Pro; The subj~t 20 acre site is heavily wooded and is bounded on the east and west sides by private fight-of-ways. To the north and south, property is zoned agricultural and is In/madly undeveloped. The petitioner is providing a 50 foot natural vegetative buffer around the site. of which development will encompass only 9.6 acres of the interior site and the remainder of the site will consist of wetlands, lakes and upland vegetation. A list of activities include: sunning on the pool deck, swimming, shuffleboard, horseshoes, volleyball and a childrm's playground. Th. ese outdoor activities generally are customary to single family zoning districts and noise levels should not represent a nuisance. Equally there should be no glare, economic or odor effects associated with the project. Con: Increased traffic volumes and higher levels of activity may occur should the social club become frcquently utilized, over and above what is contemplated for the site. Summary Conclusion (Fir/din,ga: Properties immediately abutting the subject site are agriculturally zoned and consist of five acre parcels or larger. Private fight-of-ways are contiguous to the western and eastern properV/boundaries and a majority of the property to the north and south is heavily wooded and undeveloped. Therefore the proposed petition should have minimal effects in relation to noise, glare, economic and odor effects. Compatibility with adjacent properties and other property in the district. ]?/'9: The master plan illustrates development internal to the site, situated within a wooded cabbage palm upland area. Members utilizing the site will enter thru a private card entry gate and park adjacent to the pool, spa and chickee hut. Members will be able to walk along groomed trails, wetlands and a man-made lake. The existing forested upland vegetation throughout the site ~.cts as a natural opaque buffer. Co~ The mae;tot plan reveal~; seven guest cottages and a main residence on-site. The guest cottages and main residence are centrally located on-site and in close proximity to one another. According to the petitioner, the guest cottages are pro',4ded for overnight lodging for club members who wish to spend the night on-site. The Land Development Code conditionally provides for overnight lodging facilities in the "A" zoning disu-ict and I-Jstoricatly ha.~ been associated with organizations such as Boy Scouts and Girl Scouts of A.merica and [n conj~mction with sports instructional schools and camps where overnight lodging was incorporated into the program agenda and events. However overnight lodging facilities have not been contemplated for social and fraternal organizztions in the "A" zoning district and should be a policy decision rendered by the BZA. ~qurnm~ Conclusion (Findings): For the most part land contiguous to ti undevelop~, heavily forested and sparsely developed. The proposal for a s~ ,,o. j ! for the purposes of providing recreational opportunities to its mm-nbers centrally located on the 20 acre site should not give risc to incompatible relationships with surrounding property:~} and should be considered a paxsive use of thc subject property in comparison to other more~ intensive permit-ted principal us:s in the district. Although the BZA approved several overnight lodging facilities in concert with gymnastics centers, sports c;~-nps, in.structional schools ,'md the like, the BZA has not conditionally reviewed or approved overnight lodging in association with a social organization. Therefore staff is of the opinion that a policy decision should be rendered by the BZA in regards to this issue. If the BZA is inclined to do so, staff is of the opinion that the number of lodging facilities on-site shall not exceed one facility per 5 acres for a total of four. Also the lodging facilities shall not be utilized for rental purposes and shall not include mobile homes. .STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-97-25 for Conditional Use "14" social organization in the Agricultural "A" zoning district as described in the Resolution of Adoption and Exhibits anached thereto. P1LEPc~.~D~= BY: & :~ ACTING CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP COMM'UNITY DEV. AND ENVIRONMENTA. L SVCS. '3. qV DATE DATE DATE Petition Number CU-97-25 Staff Report for the May 7, 1998 CCPC meeting. COLLIER COUNTY PLANNLNG COM2vflSSION: MiCHAEL A. DAVIS, CHAIRMAN CU-97-25 STAFF KEPGRT/rr~ 6 COLLIER COUNTY APPLICATION FOR CONDITIONAL USE REQUESTS PETITION NO. COORDINATING PLANNER: DATE RECEIVED: DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY: SECTION: 3 0 TOW"NSHIP :_ yZ SIZE OF PROPERTY: ~ ~J~ FT. X /~ 63 FT. ACRES: / ADJACENT ZONING AND LAND USE: ZONING w/'$¢r'/¢ LAND USE ~AY 2 6 1998 NOT~: Staff recommendation to the Planning Commission and Planning Commission recommendation to the Board of Zo~J~ Appeals shall be based upon the following criteria..P1 respond to the following criteria: Is this request consistent with the Land Development Code and Growth Management Plan? Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic .flow and control, and access in case of fire or catastrophe: /.//~ ~ / The effec~ the conditional use would have on neighboring properties in relation to noise, glare, economic and odor effect. Compatibility with a~jacent properties and other properties in district ~ ' . ~/'-'3 ENT ~7PETITIONER 'OR AG MAY 2 6 1998 / sa7 ~ha~ I am ~h~ owner of ~h~ proper~y dascribed herein and which =he subject mat=er of ~e proposed hearing; that all the answers questions in this application, and all sketches, data and other supplmmenta~ mater attached to and made a part of this application, are honest and ~ to the best of my knowledge and belief. I understand this application must be completed and accurate before a hearing can be adverti,ed. I further pe~it (AGENT' S N~E) to act as =y r~pr~n~a~ive in any mat~ers regarding thi~ pe~i~ion. State of Florida County of Collier The foregoing. Agreement Sheet was acknowledged before ~OW~O me or W~O has produced identificationS'nd who did (did not) take a~ (Signa~re of N~ary Public) NOTARY PUBLIC Co~ission $ My Commission Expires: me this , who is K.R. $inlter ,C;ULFSHOKE TITLE COMPANY. L,C. 3141 TAMIAJM[ T~AIL HOKT'H NA.PLF.,5, FLOPJDA ..)4t03 O0214440XX)3 Grt~t~ SS I~: 364523954 ~nO 372503363 .SPACE ABOVE THIS LINE FOR RECORDING DATA THIS WARRANTY DEED. ma e 2,,d day or Feb,-,,.',,-.,,. ^.D. by M~'Jorle M. Hunt, Lhe unr,mirrled ~urYtvtng ~43ouae of John J. Hunt, deceased herein called thc grantor, ',,,'hose post office addres~ is 5883 I~'~Pinatn"Boulc',,ard, ltD-l, Gr~en Acres City, Florida 33463. to Louts H. Stlrna and Mary M. Slither. huala,,nd and wife. as an estate by the entirety whose post office address is 8423 Bay Colony Drive, Naples, Florida 34105. hereinafter called the Grantees'. W I T N E S S E T II: That the grantor, for and in conxidcration of the sum ofTEN A~ 00/100'S {$10.00) Dotlara and other valuable considerations, receipt whereof ia hereby ac~owltdg~, hereby grants, bargains, sclln, aliens, rcm~r~n, r~l~s, conveys ~d confi~s unto gra;:~ee ~il that certain land stomate m COLLIER County. S~nlc nf ~nhd~. viz: TIiE NORTlt ONE-ttALF OF TItE NORTIIWEST QUARTER OF ~t[ SOUTHEAST QUARTER. L~S: TIlE NORTH TEN (10) FEET, AND W~T TE~ (10) ~ET, AND TIlE EAST TEN 110) TIIEREOF, SECTION EAST. COLLIER CO~TY. FLOR~A. TOGETHER, ~,~th nil the tenemcm$, hcteditamems and appurtenances thereto belonging or in anywise appertaining. ., · TO ttAVE AND TO IIOI.D, the same in fee ,ample forever. ANI), thc grantor hereby covenants with said granteel that thc grantor is/are lawfully s~ized of sa. id land in fee simple: that the grantor has good right and lawful authority to sell and convey said land, and hereby warranlr, Ihe title tO sa)d land agld will defend the same against the lawful clairol of all persons whomsoever: and that sa~d land is free of all encumbrances, except taxes accruing subsequent to December 31. 19q7 IN WITNE.C;$ WIIF. IIEOF. ~l~e ~md grantor r, as ~gned and qealcd these present~ the day and Signed, ~cd and de~d m the presence of: STATE OF ~O~A COUNIY OF F~c~ TheCregomg :n~ttmncnt wasac~owlcOged before me thi~ ~Px day of ~d~*~ .. , 19 ~_ by Mariorie M. Hunt who i~ personally ~wn to me or hi~ produced ~. ~ ~ a~ identificatmn. SEAL 2 6 1998 Marjori~/~l. llunt Printed No'raCY SignatUre My Commission Expires: CONDITIONAL USE APPLICATION I ~rn applying for a conditional use permit for a social club on the proper~y described in the cr~:losed booklet.. (aa Lo'~is H. Stia-ns CONSTRUCTION ON THE PROPOSED PROPERTY SITE °o The pie. ns call for a fifty-foot natural buffer around the border ofthe entire 20 acres. We will dig a lake of approximately 2 acres and the fill will be used on the property. W¢~lan to construct a driveway with gated entrance off Moulder road. Also, proposed is a 1800 sq." Ft. property owner's residents and 7- 400 sq.ft guest suites tbr members use only. A swi ,mining pool 20x40 with decking and spa. There will also be a 25x35 chickee hut/pole barn type structure enclosed on one end for storage and men and women's bathrooms for the pool area. Some parking areas will be cleared. Wetlands identified by an E.I.S. study will be left untouched. The legal description of the proposed property Section 30 Township 48 Range 27 N 1/2 of N.W. 1/4 of S.E. 1/4. Less N.W. & E. 10 ft. or 53 pg. 454 Total acres: '20 660 ft. x 1320 ft. Present zoning: AGRICULTURAL Property location: Between Moulder & Rivers roads, south of Immokalee Road, 2 miles east of 951 There are only two (2) residents on parcels of land within 500, ft. of the subject property. One of those residents appears to be operating a landscape/nursery business on Moulder road, directly across from the subject property. On Rivers a trailer home appears vacant. ~¥ 2 6 ~998 List of club activities for proposed club 1. Relaxation 2. Staining nude on the pool deck and lawn area 3. Swimming in the pool " 4. Shuffleboard 5 A children's playground 6. Pot luck dinners. ( Bring a dish) 7. Horseshoes 8. Volleyball ~ 9. Hot tub 10. Occasionally we plan to host the Florida Association For Nude Recreation's quarterly meeting. This is a weekend affair that may bring 60 people from all over Florida to our club. Tt~ese Directors and members will be staying at local motels in our area. I1. Applying for membership to the Golden Gate Chamber of Commerce. 1998 PETITION We, the residents of Ge area to be rezoned by Lou Sdrns ~:F-z~'.~, as well as citizens and taxpayers of Collier County, are appalled and against any zoning change for a social club of this nature. SAY NO TO REZONING: NAME: ADDRESS: PHONE # 9 I0 11 12 13 t4 15 r6 17 19 20 21 22 24 27 28 29 30 3/ 32 33 34 35 36 37 38 39 40 41 43 44 45 d~'W'- T I 3 x-- 793- 47 m/-~ t ~-~'-~ 48 49 5o ,O1 PETITION We, the residents m'~'he area to ~ rezoned by Lou Stims for a nudist rccreatio~l club, well as citiz~s and taxpay~s of'Collier County, are appall~ and against My zoning challge roi- a social cltib o£thi$ rlature. SAY NO TO RI&ZONING! PETITION We, the residents ~'f'the area to be rezoned by Lou Stims for a nudist recreational club, as well as citizens Md taxpayers of Collier Count', are appalled and against any zonin8 change for a social club oft?tis nav.]re. SAY NO TO REZONING! ADDRESS: PHONE. #: cJ (.%/ 25., 2.6. t! r( 44 L~t /, 353 5"5 7 555- 7f£~ ,.¢ ~'¢'- PETITION We, the residents ~ the a. rea to be rezoned by Lou Stir'ns for a nudist recreational club, as well as citizens and taxpayers of Collier Count;/, are appalled and against any zoning change for a social club of this nature. SAY [NO TO REZONING~ :- ADDKESS: PHONE ; G /g MAY 2 6 1998 \O PETITION We, the residents .of'the area to be rezoned by Lou Stirm for a nudist recr~tional club, as well as citizens and taxpayers of Collier County, are appalled and against any zoning change for a sociai club oftkis nature. SAY NO TO REZONING! ADD PHONE #: ~V~3 7 .q'?¢_-~ ? ¢ ? _<'7~-..=7'7_? 27 28_ 30. 33. 34_ 35_ .IZI MAY 2 6 1998 PETITION We, thc residents o4'th¢ a.r~a to be rezone] by Lou Stims for a nudist recr~tion~ club, well ~ cifize~ ~nd t~ayers of Collier C~n~, ~e app~ ~d ~ ~y zo~ng ch~e for a ~iai club oft~s nature. SAY NO TO ~ZONING! 22. "* ] · 24. Zi 26_ 27_ 3O 31 32 34. 35_ 1998 PETITION We, the rehdems M'th¢ ~ea to b~ rezoned by Lou Stim$ for a nudist recreational club, well ~ dtiztas md taxp,yers ofCollier Courrty, are ~op~ll~ and agzin~ any Zoning chrmge for a ~ club ofthis nature. SAY NO TO REZONING! ~qAME:-----r ') / ADDRESS: .,.,t . , PH.12NE #: 11_ 12.. 19. 20. 2L 22. 23. 26- 27. 30. 34 MAY 2 6 ;998 PETITION We, the residents ~ by Lou Stim$ for · nudist recrc~ionffclub, well ~ citizens ~d taxpaycr$ of'Collier County, ~c ~pp~lled ~KI ag~.irm ~ny zoning change for · ~ club of thi~ rature. SAY NO TO REZONING! NAME: ADDRESS: PHONE #: L lO 11_ 13 14. 16 17 18 19 20 21 23 24 28_ 29_ 3]_ ]4 3~ ]6 38 39_ MAY 2, 6 1998 PETITION We, the residents ~'She area to be rezoned by Lou Stirns for a nudist recreational club, as well as citizens and taxpayers of Collier County., are appalled and against any zoning change for a social club of this nature. SAY NO TO REZONING! ADDtLES S~,. PHONT. #: ,"Y?/- ,~'?/ o J i0. 14. 16_ 17_ 18_ 21 24_ 26_ 27~ 28_ 30_ ]1. 32~ 33_ 34~ 35. 36_ 37. 38_ MAY 2 6 1998 PETITION We, the rezidents.~f'the area to be rezoned try Lou Stima for a nudist recreational club, as well as citizens ~.nd taxpayers of Collier County, are appalled and against any zoning change for a ~cial club of this nature. SAY NO TO REZONING! ADDRESS: PHONE #: .~_2~'- ~;, 7'd,, ,,' ~-' 10. 11. 12 14. 16 18_ 20. 21_ 22 23_ 24. 27. 30 32_ 34. 35 37_ 38. MAY 2, 6 1998 PO. PETITION We, the residents oirthe area to be rezoned by Lou Stk'ns for a nudist recreation~ club, as well as citizens and taxpayers of Collier County, ~e appalled and against any zoning change for a social club oftNs nature. SAY NO TO REZONING! ADDRESS: PHONE #: 11 12 14_ I..5_ 16 17_ 18_ 2.0. 23 23... 2.6_ 27_ 2~. 2~o. l! i:L. 35. 37_ 38. ii._ ~AY g 6 1998 Golden Gate Area Chamber of Commerce 3847 Toli~e~ N~ples, Florid~ (94 I) 455.3100 ^pA 3~, 1998 To W~om [t lull! Cor~em.' T~ k. xte~ ia in recognidon of Sou~ Exposure of ~p~, ~c. ~u~ ~sure of Naplo, ~c. ~e a mem~ of ~e Oo~en GJ~ Ar~ C~ of ~mm~ce in Ju~ of 1~6. S~c ~c Omc, ~ ~ ~me one of ~e mo~ ~ o~~~ in our mem~hip. We ha~ found them to ~ an ups~ndi~, helpfid ~oup of ~pJe ~o ~e al~ys ~ m ~ ~ a l~lp~ ~nd when n~. In N~m~ of I~6, we movM our Vhitor ~nter ~d office to I ne~ l~n. A ~up a~i~ ~om ~u~ ~sure to help move not only ~e off~e ~rnimre, but ~ ~ hr~, ~ ~d disphy ca~. ~cir participation and help swt~ us over a dsou~nd dollar~ we would ha~ ired to pay a sn~ company. ~~ ~sure. ~ ~velT pa~ci~t~ in t~ ~n7 ~n~o~ ~ hold t~o~ut ~ y~r. ~ al~s ~ve a sh~ of reprc~n~ at our monthl7 ~h, dinn~s, s~bl ~enu, ~. ~ our F~I hc~ ~ch ~bma~, a numar of their mem~ volunt~t~ ~ir ~me ~ I cannot say enough good thing~ about thi~ orgaaxi~ation. In the time the~ have been assochstaxl with us, the'/have conducted themselves in a well-mannered, cordial faahion, and have never done anydxing to embarrass this Chamber or it's members. SLncerel¥, Wesler~. ~tes President WGB/jhp I AY 8 lgg8 GARY B. FISItBURN 42,5 Fox Den Circle Naples, Florida 34104 May 6, 1998 VIA FAX - 64.3-6968 - I page Ama: Mr. Bryan Milk Barbara B. Berry, Chairman John C. Norris, Vice Chairman Timothy L. Hancock Timothy J. Constamkne Pamela S. Mac'Irde Collier County Commissioners 3301 East Tamiami Trail Naples, Florida 34112 I2dies and Gentlemen: We were distressed and dismayed to read ia mia mor'o_ing's ~igl~_l~[.~ News of the scheduled May 7, 1998. hearing to con, ider rezoni~ of a parcel of property in the Immokalee Road and Molder Road area to allow a nude social club. WE STRONGLY OPPOSE this re.r. on~ request ~ urge you to do the same. While this property is in Chairman Berry's district, the rcpcrcussio~ of allowing this type of activity to be condoned in our area will affect every one. What kind of message will be seat if such activity is pcrmitled here? Is tiffs the image of the furore of Collier County? We hope not. We urge you to VOTE NO for this rezoning. Very truly yours, OUM:csf ~a¥ 2 6 1998 Mr. Brian Milk Beax~ Vie Fa~.imile 643-6968 Dear Mr. Milk: I understand that you have agreed to receive letter, from Collier County voters who oppose any governmental action wkich w~uld ~ermit the o~eration of · nude social club in Collier County a~d, h~ving received them, you have ag-reed to present th~m to the a~rc~riate governmental officials. In that respect, I ask that you accept this letter as my expression of ol~position to the operation of a nude social club in collier County. This is a conservative ccmmnnnity an~ there is no need to make governmental accommodations for such an operation. I t~,:st you will includ~ this letter with others and present them to governmental officials. Sincerely yotLrs, 1998 NATIONAL FAMILY FOUNDATIO COVER SHEET FOR FAX MESSAGE ~ i il --l'l[= I -- --~ -- ], I~- -I [ ,--~--klfll ~ ~ I Ii FAX SENT TO: FAX: FAX SENT BY: FAX #: (941 ) 586-8908 DATE: COVER SHEET IS PAGE MESSAGE: PAGES. I, NOTE: IF THIS TRANSMISSION IS ILLEGIBLE OR ALL PAGES ARE NOT REC PLEASE CALL 941 594-7754 702 Bob W2'dte Lane. Naples, Florida 34108 ,, (941) 594-7754 · FAX (9, W~dn~day~ M~y ~, 1998 643-69611 To th~ Collier County Planning Commlsion: I am sending this message to protest the rezonlng of land In £elller counttl for a nude social club. lis a taxpager and voter of C~lier County I find the idea of having an Istabilshmlnt such as this In our area repugnant and firml!l urje Uou to refuse the request. Norma £. Wessner 2355 Gull Shore Boulevard North Naples, Florida 34113 NorTIla £. Wessner e MAY 2 6 1998 I 3 4 6 ! 9 I0 t2 13 RESOLUTION 98-_ A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF A SOCIAL ORGANIZATION CONDITIONAL USE ~14" IN THE ~A~ ZONING DISTRICT PURSUANT TO SECTION 2.2.2.3 OF THE COLLIER COUNTY LARD DEVELOPMENT CODE FOR PROPERTY LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 27 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 39 Collier County, Florida that: 2 6 1998 16 67-1246, Laws of Florida, and Chapter 125, Florida Statutes, has 17 conferred on Collier County the power to establish, coordinate and l[ enforce zoning and such business regulations as are necessary for the 19 protection of the public; and WHEREAS, the County pursuant thereto has adopted a Land 21 Development Code (Ordinance No. 91-102) which includes a ~ Comprehensive Zoning Ordinance establishing regulations for the ~ zoning of particular geographic divisions of the County, among which 2~ is the granting of Conditional Uses; and 25 WHEREAS, the Collier County Planning Commission, being the dul~ ~ a~pointed and constituted planning board for the area hereby 27 affected, has held a public hearing after notice as Jn said ~ regulations made and provided, and has considered the advisability of 29 Conditional Use "14" of Section 2.2.2.3 in an "A" zone for a social ~ organization on the property hereinafter described, and has found as 31 a matter cf fact (Exhibit "A") that satisfactory provision and 32 arrangement ~ave been made concerning all applicable matters required 3) by said regulations and in accordance with Subsection 2.7.4.4 of the ~ Land Development Code for the Collier County Planning Commission; and 35 WHEREAS, all ~nterested parties have been given opportunity to 36 be heard by this Board in a public meeting assembled and the Board 37 having considered all matters presented. NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of The petition ftlea by Louis H. Stirns with respect to the property hereinafter described as: Exhibit "B" which is attached hereto and incorporated by reference herein 12 13 16 17 7=2 23 24 2~ 2'7 ~0 3? 3~ 37 39 · 41 42 43 4'/ 53 57 be and the same is hereby approved for Conditional Use "14" of Section 2.2.2.3 of the "A" zoning district for a social organization in accordance with the Conceptual Master Plan (Exhibit "C") and subject to the following conditions: a. The Planning Services Manager may approve minor changes in the location, siting, or height of buildings, structures, and improvements authorized by the conditional use. Expansion of the uses identified and approved within this conditional use'application, or major changes to the site plan submitted as part of this application, shall require the submittal of a new conditional use application, and shall comply with all applicable County ordinances in effect at the time of submittal, including Division 3.3, Site Development Plan Review and Approval, of the Collier County Land Development Code (Ordinance No. 91-102). b. This project shall be required to meet all County Ordinances in effect at the time final construction documents are submitted for development approval. c. The applicant shall provide arterial level street lighting at the intersection of Im~okalee Road (CR 846) and Moulder Road prior to the issuance of a Certificate of Occupancy. d. The applicant shall be responsible for providing a driveway turnout consistent with FDOT and County standards at the intersection of CR 846 and Moulder Road. The pro)eot will obtain a SU~MD surface water permit. Environmental permitting shall be in accordance with the State of Florida Environmental Resource Permit rules and be subject to review and approval by Current Planning Environmental Staff. Removal of exotic veqetation shall not be counted towards mitigation for impacts to Collier County Jurisdictional wetlands. An alpropriate portion of native vegetation shall be retained on site as required in section 3.9.5.5.4. of the Collier County Land Development Code. An exotic vegetation removal, monitoring, and maintenance (exotic free) plan for the site with emphasis on areas of retained native vegetation, shall be submitted to Current Planning Environmental Staff for review and approval prior to final site plan/ construction plan approval. at t~,e time of site development plan rev Petitioner shall submit a topographic map for the site .... -2- MA'( 2 6 1998 I 2 4 8 9 12 16 11 19 21 24 26 22 2~ 36 37 Pursuant to Section 2.2.25.8.1 of the Land Development Code, if during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. The property owner shall maintain a dumpster on site to properly dispose of solid waste. That portion of Moulder Road from its intersection with Immokalee Road to the subject site's driveway entrance shall be maintained in a dust tree condition. m. The proposed 50 foot natural vegetative buffer around the perimeter of the site shall be 100% opaque in design. In areas where the buffer does not naturally achieve 100% opacity, native vegetation shall be planted to achieve 100% opacity. n. A total of four guest cottages shall be permitted on- site. The proposed guest cottages on the submitted site plan shall not be made available for any type of continuous rental through the use of any type of lease agreement or other legal documents which sanction, authorize or approve rental or occupancy of the dwelling units. They are intended to function as short term overnight or weekend housing for out-of-town participants and the like, ~pecifically associated with the use of the social organization. p. Mobile homes are prohibited on-site. BE IT FURTHER RESOLVED that this Resolution be recorded in 38 the m:nutes of this Board. 39 This Resolution adap:ed after motion, second aha majority vote. Done :his day of , 1998. 42 43 46 47 ATTEST: 48 DWIGHT E. BROCK, Clerk 49 51 Approved as to Form and 52 Legal Sufficiency: ~ Marj~:e M. Student 5) Assistant County Attorney BOARD OF ZONING APPFDkLS COLLIER COUNTY, FLORIDA BY: BARBAP~ B. BERRY, Chairman -3- hiAY 6 1998 FINDING OF FACT BY COLLIER COUNTY PLAN~;ING COMMISSION FOR A CONDITIONAL USE PETITION FOR CU- 97-25 The following facts are found: 1. Section 2.2.2.3.14 of the Land Development.Code authorized the conditional use. 2. Granting the conditional use will not adversely affect the public interest and will not adversely affect.~ther property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan:Yes ~/No. B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: AdequateYesing~ No egr~s~ ,~- C. Affects neighboring properties in relation to noise, glare, ~gonomic or odor effects: No affect or Affect mitigated by Affect cannot be mitigated Do Compauibility with adjacent properties and other property in the district: Compatible use within distr~t Yes No _~ Based on the above findings, stipulations, (copy attached) approval thi~-c~~nal use should, with for MAY 2 6 1998 The legal description of the proposed property Section 30 Township 48 Range 27 N 1/2 of N.W.I/4 of S.E. 1/4. Less N.W. & E. 10 ft. or 53 pg. 454 Total acres: 20 660 ft. x 1320 ft. Present zoning: AGRICULTURAL MAY g 8, 1998 EXECUTIVE SUMMARY PETITION NO. CU-98-1, R.J. WARD, P.E., OF SPECTRUM ENGINEERING, INC., REPRESENTING JOHN J. NEVINS, BISHOP OF DIOCESE OF VENICE, REQUESTING A CONDITIONAL USE "2" AND "3" IN THE RSF-3 ZONING DISTRICT AND CONDITIONAL USE "2" AND "5" IN THE RMF-12 ZONING DISTRICT FOR PROPERTY LOCATED ON THE EAST AND WEST SIDES OF 52~ TERRACE S.W., ONE BLOCK NGRTH OF GOLDEN GATE PARKWAY, CONSISTING OF BLOCKS 204 AND 205, AND LOTS 4-6, BLOCK 201, GOLDEN GATE UNIT 6, SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. (COMPANION TO PETITION PUD-95-3(1)) OBJECTIVE: The applicant is seeking to obtain approval for Conditional Use "2" and "3" in the RSF-3 zoning district and Conditional Use "2" and "5" in the RMF-12 zoning district for a change of use to an existing church; adding a future rectory; and improving the existing parking lot, play fields and landscaping on the subject site. CONSIDERATIONS: The subject site is presently developed with St. Elizabeth Scton's church, school, rectory and accessory play fields. Presently all of these facilities are located on Blocks 204 and 205, with the exception of the rectory located across the street on Lot 4. The purpose of this petition is to use the existing church for ancillary church functions and events; conslruct a future rectory on Lot 5 with associated parking on Lot 6; and ir,'~prove He existing parking lot, playground facilities and landscaping on Blocks 204 and 205 in hopes of building a new 1,090 seat church on property across 28~' Avenue S.W. referred to as the Founders Plaza PUD. The Diocese has experienced tremendous congregation growth and has a contract to purchase adjacent property f-om Founders Plaza PUD in ordc: to build a new church sanctuary with 1,090 seats. The Diocese plans to utilize the existing churctt for functions and community events. The purpose for building a new church on the adjacent property allows the existing church, school and rectory to remain on site for future improvements and utilization. Golden Gate Parkway provides direct access to the new church property, which will decrease the local traffic movement through the residential neighborhood adjacent to the subject site. The existing church, school, rectory and play fields have existed on site xvithout incident, therefore staff is of the opinion that building a new rectory on Lot 5, building a new church along Golden Gate Park'way and using thc existing church for events and functions does not constitute compatibility issues with~ residential neighbors. adjacent I~/~Y 2 6 t998 Pg. The Collier County Planning Commission reviewed this petition on May 7, 1998 at their public hearing and recommended approval of the petition 8-0. No members of the public spoke in opposition to or in favor of the petition. FISCAL IblPACT: This amendment by and of itself will have no fiscal impact on the County. However, if this amendment achieves its objective, the land will be developed. The mere fact that new development has been approved will result in a future fiscal impact on County public facilities. The County collects impact fees prior to the issuance of building permits to help off-set the impact of each new development on public facilities. These impact fees are used to fund projects in the Capital Improvement Element needed to maintain adopted levels of service for public facilities. In the event that impact fee collections are inadequate to maintain adopted levels of service, the County must provide supplemental funds from other revenue sources in order to build needed facilities. GROWTtt MANAGEMENT IMPACT: Future Land USc Element: The subject property (two parcels separated by 52'~ Terrace S.W.) is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This land use classification provides for residential type uses including essential services, community facilities, churches, schools, parks, open space and water dependent uses. The Land Dcvelopment Code establishes a conditional use procedure which may result in approving a development order for churches, schools and accessory facilities in a residential district. Staff is of the opinion that the subject petition is consistent with the Future Land Use Element and Growth Management Plan. Other consistency relationships are as follows: Traffic (2irculation. Elemeqt; Staff has reviewed the petitioner's request and has tko following comment: The applicant states that the subject site was approved for a church and school. However, the applicant now wishes to expand beyond thc area that was approved for the conditional use. This will allow for an increase in seating to 1,090 seats. The ITE Trip Generation manual indicates that church expansion will generate 770 trips on a Sunday and 196 trips during the A.M. Peak Hour. Based on this da~a, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway. Furthermore, this petition will not lower the level of service below any adopted LOS "D" stan,:tard within the property's radius of development influence (RDI). Therefore, the project is consistent ~4th Policy 5.1 and 5.2 of the Traffic Circulation Element (TCF~). The TCE lists Golden Gate Parkway as a 4 lane arterial road. The cra'rent traffic count is 14,037 and is operating at LOS "A'. It should be noted that this segment is not projected to be. deficient within the next five years. Therefore no road improvement to 6 lane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 of the TCE. Other Applicable Elcrqent.s; subsequent development approvals, and generally deal with infrastructure. improvements to infrastructure and/or extension of available public utilities is rex Other applicable elements are those typically evaluated at the time of io th,a~,,~hat iired,"~ be MAY 7. 6 1998 mandated at the time of approval of the required site development plan. 2 HISTORIC/ARCItAEOLOGICAL IMPACT: Staff's analysis indicates that the petitioners property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. PLANNING COMMISSION RECOblblENDATION: The Collier County Planning Commission recommends that the Board of County Commissioners approve Petition CU-98-I. pR/~PARED BY BRYAN NtILK ~NCIP~L PLANNER CURRENT PLANNING MANAGER ~{Oi~/ERT J.;MULHERE, AICP pLANNtlI~p SERVICES DEPAR./T~IENT DIRECTOR VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND EI'CVIRONMENTAL SVCS. DATE DATE DffYE CU-98-1 EX SUMMARY/md MAY 2 6 1998 Pg. ~......~ AGENDA ITEM 7-E MEMORANDUM TO: FROM: COLLIER COUNTY PLANNING COMMISSION COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES DATE: RE: APRIL 9, 1998 PETITION NO: CU-98-1, ST. ELIZABETH SETON PETITION PUD-95-3(1)) (COMPANION TO OWNER/AGENT: Agent: R. J. Ward, P.E. Spectrum Engineering, h~c. 1342 Colonial Blvd., Suite 32 Fort Myers, Florida 33907 John J. Nevins, Bishop of Diocese of Venice 1000 Pinebrook Road Venice, Florida 34292 REQUESTED ACTION; The applicant is seeking to obtain approval for Conditional Use "2" and "3" in the RSF-3 zoning district and Conditional Use "2" and "5" in the RMF-12 zoning district for a change of use to an existing church; adding a future rectory; and improving the existing parking lot, play fields and landscaping on the subject site. R&CUI_C_L.Q_ChJi E . The site is located on the east and west sides of 524 Terrace S.W., one block north of Golden Gate Parkway, consisting of Blocks 204 and 205, and lots 4-6, Block 201, Golden Gate Unit 6, Section 28, Township 49 South, Range 26 East, Collier County, Florida. ~U~OSE~ESCR!...PTION OF PROJECT.'. The subject site · presently developed with St. Elizabeth Seton's church, school, rectory and accessory play fields. Presently all of these facilities are located on Blocks 204 and 205, with the exception offf, e rectory, located across the street on Lot 4. ~,o^~_~" ' 1 gAY 2 6 1998 i i Tme,'r~ eLW. AG '~ MAY 2 6 1998 PE'i'ITION CU-§8-1 -.. 0 1'4 Thc purposc or' this petition is to usc thc cxisting church for ancillary church functions and events; construct a future rectory on Lot 5 with associated parking on Lot 6; and improve the existing parking lot, playground facilities and landscaping on Blocks 204 mtd 205 in hopes of building a new I090 seat church on property across 28'~ Avenue S.W. referred to as the Founders Plaza PUD (companion Petition PUD-95-3 (1)). The Diocese has experienced tremendous congregation growth and has a contract to purchase adjacent property from Founder~ Plaza PUD in order to build a new church sanctuary with 1090 seats. The Diocese plans to utilize the existing church for functions and community events. The purpose for building a new church on the adjacent property allows the existing church, school and rectory to remain on site for future improvements and utilization. Therefore, the subject petition acknowledges the Diocese current utilization of the subject property, proposed improvements, and proposal to build a new church on adjacent property. SURROUNDING LAND USE AND ZONING; Existing: Existing conditions: 'D~e site currently contains one (1) church, one (1) school with accessory buildings, a play ground including play fields and basketball court, paved parking, grass parking and a rectory. The site is currently zoned RSF-3 and RNfF- 12. Surrounding: North - 27°' Avenue S.W. is adjacent to the subject property. Property to the north is zoned RSF-3 and is developed with single family houses. East - Property to the east is zoned C-4 and is developed as a commercial shopping center. South - 28"' Avenue S.W. is adjacent to the subject property. Property to the south is zoned PUD flounders Plaza PUD) and RM]F-12. The PUD is undeveloped, and duplexes exist on the RMF- 12 property. West - 53'~ Terrace S.W. is adjacent to the subject property. Property to the west is zoned RSF-3 and is developed with single family houses. GROWTH MANAGEMENT PLAN CONSISTENCY,; Future Land Use [lemen. t; Thc subject property (two parcels s~arated by 52'~ Terrace S.W.) is designated Urban (Urban-Mixed Use District, Urban Residential Subdistrict) on the Future Land Use Map of the Growth Management Plan. This land use classification provides fcr resa~rn~e us I )pen apat:~C~cl' water including essential services, community facilities, c. hurches, schools, parks, 2 MAY 2 6 1998 dependent uses. The Land Development Code establishes a conditional use procedure which may result in approving a development order for churches, schools and accessory facilities in a residential district. Staff is of the opinion that the subject petition is consistent with the Future Land Use Element and Grow'th Management Plan. Other consistency relationships are as follows: Traffic Circulation Element: Staff has reviewed the petitioner's request and has the following comment: The applicant states that the subject site was approved for a church and school. However, the applicant now wishes to expand beyond the area that was approved for the conditional use. This will allow for an increase in seating to 1,090 seats. The ITE Trip Generation manual indicates that church expansion will generate 770 trips on a Sunday and 196 trips during the A.M. Peak Hour. Based on ti'ds data, the site generated traffic will not exceed the significance test standard (5 percent of the LOS "C" design volume) on Golden Gate Parkway. Furthermore, this petition will not lower the level of sen'ice below any adopted LOS "D" standard w-itl'fin the project's radius of development influence (RDI). Therefore, the project is consistent with Policy 5.1 and 5.2 of the Traffic Circulation Element (TCE). The TCE lists Golden Gate Parkway as a 4 lane arterial road. The current traffic count is 14,037 and is operating at LOS "A". It should be noted that ti'tis segment is not projected to be deficient within the next five years. Therefore no road improvement to 6 lane this segment is required for concurrency purposes. Therefore, this petition complies with Policy 1.3 and 1.4 ofthe TCE. Other Ar)plicable Elements: Other applicable elements are those typically evaluated at the time of subsequent development approvals, and generally deal with infrastructure. To the extent that improvements to infrastructure and/or extension of available public utilities is required, these will be mandated at the time of approval of the required site development plan. HISTORIC/ARCttAEOLOGICAL IMPACT: Staffs analysis indicates that the petitioner's property is located outside an area of historical and archaeological probability as referenced on the official Collier County Probability Map. Therefore, no survey and assessment is required. However, pursuant to Section 2.2.25.8.1. of the Land Development Code, if, during the course of site clearing, excavation or other construction activity an historic or archaeological artifact is found, all development within the minimum area necessary to protect the discovery shall be immediately stopped and the Collier County Code Enforcement Department contacted. EVALUATION FOR E,NWIRONMENTAL, TRA~.. 'SPORTATIOtN ,AND INFRASTRUCTURE: The subject petition has been reviewed by the appropriate staff responsible for oversight related to the above referenced areas of critical concern. This pr:anarily includes a review by the Community Development environmental mad engineering staff, and the Transportation Deparmaent staff. CRITERIA EVAY~,IJATION: The Current Plan. rfing staff has coordinated a comprehensive evaluation of this land the criteria on which a favorable determination must be based. This evaluation is int 3 nded to' p-rf~ido~ Ul/ Y 2 6 1998 an objective, comprehensive overview of the impacts of the proposed l~d use change, be they positive or negative culminating in a staff recommendation based on that comprehensive overview. The below listed criteria are specifically noted in Section 2.7.4.4. of the Land Development Code thus requiring staff evaluation and comment, and shall be used as the basis for a recommendation for approval or denial by the Planning Commission to the Board of County Commissioners. Each of the potential impacts or considerations identified during the staff review are listed under each of the criterion noted below, and are categorized as either pro or con as the case may be, in the opinion of staff. Staff review of each of the criterion is followed by a summaxy conclusion culminating in a determination of compliance, non-compliance, or compliance with mitigation. CONDITIONAl-, USE; a. Consistency with the Land Development Code and Growth Management Plan. Pro: The requested uses are consistent with the applicable elements of the GMP and provisions of the LDC. Con: Not applicable in view ofthe consistency evaluation with the GMP and LDC. Summary: The proposed uses are authorized in the Urban-Mixed Use designated areas in thc RSF-3 and ~MF-12 zoning districts, which provides for the requested uses as conditionally permitted uses. be Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire and/or catastrophe. Pro: Thcre are four cxisting access points to the ch,.n'ch, school and rectory from 52'~ Terrace S.W., 5Y~ Ten'acc S.W., 27~ Avenue S.W., and 28~' Avenue S.W. Since there is clear sight distance at the existing entrance points, the access driveways should continue to operate adequately. It is staff's opinion that the on-site traffic circulation has been designed in amv. nncr that reduces possible vehicular and pedestrian conflicts. Con: a) Traffic is typically unv'elcomed by existing residents adjacent to the subject site. b) In the short run construction traffic is necessary and this may be irritating to local residents. Summary: Improved ingress and egress driveways are provided to the subject site. Staff is of the opinion that the existing driveways operate adequately and with an acceptable level of safety. The effect ere conditional use would have on neighboring properties in relation to noise, glare, economic or odor effects. Pro: a) Presently, a church, school, rectory and playground exist on-site. 4 1998 dee Con: c) The existing playground and play facilities will remain in the same area. a) The existing church building will be utilized for social functions and events which may be irritating to adjacent neighbors. b) Those periods of high automobile movements to and from the church and school do present conditions that could be annoying to area residents. Summary: The subject site is presently developed and it is unlikely that the new rector)' on Lot 5 and utilization of the existing church building for social functions and events would give rise to additional noise, glare, economic or odor effects on neighboring properties. Compatibility with adjacent properties and other property in the district. Pro: a) The Collier County Code Enforcement Department has no complaints lodged against the church, school, rectory or play fields. b) A church, school, rectory and play fields presently occupy the subject site. c) A church for the most part represents a passive use of land, and is therefore compatible with adjacent land uses, under conditions that employ best management or site planning techniques. Con: Proximity to churches and schools is often perceived as having a negative impact on nearby residences. Summary: Conditionally permitted uses first and foremost are uses that generally are presumed to be compatible with uses permitted as a matter of fight. The conditional use aspects of such petitions are meant to provide the opportunity for establishing special mitigation measures that address the potential effect the conditional use may have on nearby uses authorized as a matter of right, and to deal with those site locations that are simply inappropriate based on sound planning standards for where conditional land uses ought to locate relative to infrastructure availability and transpo~on linkages. Golden Gate Parkway provides d2rect access to the new church properly, which will decrease the local traffic movement through the residential neighborhood adjacent to the subject site. The existing church, school, rectory and play fields have exirted on site without incident, therefore staff is of the opinion that building a new rectory cn Lot 5, building a new church along Golden Gate Parkway and using the existing church for event~ and functions does not constitute compatibility issues with adjacent residential neighbors. STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend: CU-98-1, for Conditional Use "2 and 3'" in the RSF-3 zoning district and Condi' pprova STAFF RECOMMENDATION: Staff recommends that the Collier County Planning Commission recommend approval of Petition CU-98-I, for Conditional Use "2 and 3" in the RSF-3 zoning district and Conditional Use "2 and 5" in the RMF-12 zoning district for a change of use to an existing church; adding a future rectory; and improving the existing parking lot, play fields and landscaping on the subject site. PREPARED BY: PKINC]~AL PLANNER VIE BY: RONALD F. NINO, ^ICP CURRENT PLANNING MANAGER ROBERT J. MULHERE, AICP VINCENT A. CAUTERO, AICP, ADMINISTRATOR COMMUNITY' DEV. AND ENVIRONMENTAL SVCS. DATE DATE DATE Petition Number CU-98-1 StaffReport for the May 7, 1998 CCPC meeting. COLLIER COUNTY PLA 7G COI~.:lvflSSION: MICHAEL A. DAVIS, CHAIiRMAN CU-98- I STAI-T REPORT/md MAY 2 6 1998 CO~MiINIT"f DEVELOPMENT DI~-/SICIN CURRENT FLA.N~I'NG SECTION PETITION NUMBER:" DATE OF APPLICATION: COMMISSION DISTRICT: PLANNER ASSIGNED: ~ov£ ro ~ co~.£~£~ ~ S?~'~- /tPPLICATION FOR PUBLIC ~P. ING FOR: CONDITIONAL USE General Information: Name of Applicant(s) Venice John J. Nevinst Bishop of Diocese of Applicant's Mailing Address ]000 ~in~brook Roan City Venice State Florida Applicant's Telephone ~: 9A1-484-9543 Fax #: N~me of Agent In~. Zip 34292 941-484-11'21 R.J. Ward, P.E. Firm Spectrum Engineering, Agents Mailing Address 1342. Colonial Blvd. City Fort Myers State Florida Agent's Telephone #: 941-277-118.2 Fax ~ Suite 32 Zip 33907 9~1 , _~.2/~_=3~ ~786 MAY Disclosure of Interest Information: if %he property is owned fee simple by an INDIVIDUAL, tenancy by the entirety, tenan6y in common, or joint tenancy, list all parties with an ownership interest as well as the percentage of such interest. (Use additional sheets if necessary). Name and Addresa Percentage of Ownership If the property is owned by a CORPORATION, list the officers and stockholders and the percentage of stock owned by each. Name and Address, and Office ?ercen~age of Stock John J. Nevins, Bishop of Diocese of Venice Corporate Sole If the property is in the name of a TRUSTEE, list the beneficiaries of the trust with the percentage of interest. # Name and Address .N/A- Percen=age of In=ere~= If the property is in the name of a ]GENERAL or LIMITED PARTNERSHIP, list the name of the general and/or limited partners. :lame an~ Address N/A Percentage of Ownership if there ~s a CONTRACT FOR PURCHASE, with an individual or indi'ziduals, a Corporation, Trustee, or a Partnership, list the names of the contrac~ purchasers below, including the officers, stockholders, beneficiaries, or partners. Name and Addres: Percentage of O+r~.ership 3 Dat~ of Contra( :t: MAY 2 6 1998 If any contingency clause or contract terms involve additional parties, list all individuals or officers, if a corporation, partnership, or trus~. Name and Address g. Date subject property accuired (~ leased ( ): 12-3-84 Term of lease N/A yrs./mos. If, Petitioner has Option to buy, indicate date of option: N/A and date option terminates: N~A , N/~ or anticipated closing date Should any changes of ownership or changes in contracts for purchase subsequent to the date of applicaticn, but prior to the date of the final public hearing, it is the responsibility of the applicant, or 'agent on his behalf, to submit a supplemental disclosure of interest form. D~tailed legal description of the property covered b~ the a_~licat!on: (If space is inadequate, attach on separate page.) If request involves change to more than one zoning district, include separate legal description for property involved in each district. Applicant shall submit four (4) copies of a recent survey (completed within the last six months, maximum 1" to 400' scale) if required to do so au the pre-application meeting. Waived NO~E: The applicant is responsible for supp[ legal descripticn. If questions arise conc ~~he correct description, may be required. Section: an engineer's certification See Attachments #1 and ~2 Township: or sealed survey Range: Lot: Block: Subdivision: Plat Book_ Page #: Property I.D.S: Metes & Bounds Description: Size of prop_ erty: 530' Total Sq. Ft. 270300 sq ft. X 510' Acres 6.2 ~_ ft. Ad=tress/general location of subject property: Property is bounded by 27th Ave. S.W.t 52nd Terrace S.W.~ 28th Ave. S.W., and 53rd Terrace S.W. with Lots 3-5 of Block 201 being on the East side of 52nd Terrace S.W. Adjacent zonin? and land use: N Zoning RSF-3 S RMF-12 & PUD Land use Single Family Residence Church and Multi-Family E C-4 Commercial W RSF-3 Single Family Does property owner own contiguous property to the subject property? If so, give complete legal description of entire contiguous property. (If space is inadequate _~ch..on___ separate page) . ,o.~ ! ATTACHMENT #1 LE(~AL DESCRIPTION: (O.R. 1112, PG. 1617) ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. THAT PORTION OF 53rd STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASF_MENTS BETWEEN INDMDUAL LOTS V'vlTHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ZONING IS RSF-3 L MAY g 6 1998 ATTACHMENT #2 LEGAL DESCRIPTION: LOTS 4-6, BLOCK 201, GOLDEN GATE UNIT 6 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ZONING IS PJVIF-12 AGE~D~ i'1,~ ~ MAY 2 6 1998 AFFIDAVIT We/I, Betty Adler, Diocese of Venis~ng first duly sworn, depose and =ha= we/i am/are =he owners of the ~rc~e~.? des~rlbed herein and which is the subjec~ mac- r =his application, are hones= and =mue zo =he best of our ~nowiedge and belief. We/I undersuand =ha= =he information requested on this a~piica=£on must be complete and accurate and =hat :he ::nten= of this form, whether comp. user genera=ed or County Dr!n=ed =hall no= be ai=ered. ~ubli¢ hearings will no= be advertised un=il this application is deemed co=plete, and ali required Informa=Isn has bemn submit=ed. We/I f'~r~her Der=in the undersigned =o ac= as NAME CF CW~4ER (?rl.-.~ cr :.vp.e) SIGNATURE OF OWNER N~=ME OF CWNER (Prlnc cr BEITY ADLER~ DIRECTOR OF PROPERTIES NAME OF AGENT ,.'?rin~ or type) SIGNATURE OF CWNER SIGNATURE OF AGEN. AGENT ?rln-_ sr u'.n:.e~ SIGNATURE OF AGENT Sfac= cf Florlza The foregoing Ap~iiza=isn was ac~cncwiedged before me _ 9TH !ay of D£CEMB£R , 1997 kv BE~ ADI.ER , (~6'-~ ~er~cnaii'/ [cno--wn ~ m~cr who has produced zake an oath. MAY 6 1998 SEAL as ilencificaticn and who did ;did nec) .? ..... Name :,= Notary P,,_biic) .)OT~_R. PUBLIC .......... :3_~n -'9 C~SL~,~,, My Zzm~ni~.~n Exp!res~_ O~:RC/;,L'NOTARVSF.,AL ~ JF. ANNE C HICKEY .... COMM~ION NO, C~%] T ~Jl~ Thl~ Marumc~! p,garcd MAY 2 6 1998 PURCIIASE AND SAL,£ ACR£F.M E. HT ( o ,c~Ycty ~c R~I P~ 'd~ cc~ . P ~o cU~ w,~ c thif A~rccn~ce~ ~d M o(~c d~tc ofclosin~ Is/o~1: [ c ~ ~¢~cicn~ n-~ ~- (-~=~ ,- :~-*~ Y'2~ "'"J~J'~ ~Ti~m~ ~ ~Ofl or tt~ w,ln ~c; to I~c ~cnt o( ~)' ~ c oft vldk;~. ~ ~m~ o~f,cr .,~min InlO/fl~a~~ Al~rm~ ~ . . ,, Q J~t___.__....~ .................... . ) k~AY % 6 t998 ~I e; ~c Pulik o~c~ ScI~ -h-I~ ~'~- ...... Z.. "~' ~' ~ ~ ~ ~I ~ ~t~ ~m,~ ~ ~ ~m e( ft~ (~) MAY 2 ~ 1998 MAY 2 6 1998 ~Pg... '~ ,. . Warranty Deed CONTRA CT NU~B~K · ~ I~ taxes f~ ~ ¢ut~nt ye~, emrrm~ta, mt~lc~s and ~t. erv~ton$ mt TI~E I$ VAC, A~ T LAND AND I$ NOT IUB,J~CT TO 14OME$~ EXF.~rr~oN AND NE'v~nt NAS BEEN. clairr~ of ~11 p~ AVATA~t ~O~RT~ ~ DIS~ J. ~ Exc~tlve vic~ I~msld~t I 2 3 4 6 7 9 I0 I1 12 13 14 16 t7 RESOLUTION 98- A RESOLUTION PROVIDING FOR THE ESTABLISHMENT OF EXPANSION OF A EXISTING CHURCH, SCHOOL AND RECTORY CONDITIONA/, USES "2" AND ~3" IN THE RSF-3 ZONING DISTRICT AND '2~ AND "5" Itl THE RMF-12 ZONING DISTRICT PURSUANT TO SECTIONS 2.2.4.3 ARD 2.2.6.3 OF THE COLLIER COUNTY LAND DEVELOPM~T CODE FOE PROPERTY LOCATED IN SECTION 28, TOWNSHIP 49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORIDA. WHEREAS, the Legislature of the State of Florida in Chapter 67-1246, Laws cf Florida, and Chapter 125, Florida Statutes, has 19 conferred on Collier County the power to establish, coordinate and 20 enforce zoning and such business regulations as are necessary for the 2! protection of =he public: and WHEREAS, ~he County pursuant thereto has adopted a Land Development Code (Ordinance No. 91-102) which includes a Comprehensive Zoning Ordinance establishing regulations for the zoning of particular geographic divisions of the County, among wh/ is the granting of Conditional Uses: and 27 WHEREAS, the Collier County Planning Commission, being the duly appointed and constituted planning board for the area hereby 29 affected, has held a public hearing after notice as in said regulations made and provided, and has considered the advisability of Conditicnal Uses '2" and '3~ of Section 2.2.4.3 in an RSF-3 Zone and 32 Conditional Uses '2~ and '5" of Section 2.2.6.3 in an RMF-12 Zone for expansion of an existing church, school and rectory on the property hereinafter aescribed, and has found as a m~tter of fact (Exhibit "A') that satisfactory provision and arrangement have been made concerning all applicable matters reqn/ired by said regulations and in 37 accordance with Subsection 2.7.4.4 of the Land Development Code for the Collier County Planning Co~ission: and WHEREAS, all interested parties have been given opportunity to be heard by this Board in a public meeting assembled and the Board 4! having considered all matters presented. 2 1998 ...__.... NOW, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of Collier County, Florida that: The petition filed by R. J. Ward, P.E., of Spectrum Engineering, Inc., representing John J. Nevins, Bishop of Diocese of Venice with respect to the property hereinafter described as: Exhibit "B' which is attached hereto and incorporated by reference herein be and the same is hereby approved for Conditional Uses '2~ and '3" of Section 2.2.4.3 of the RSF-3 Zoning District and Conditional uses '2~ and '5" of Section 2.2.6.3 of the RMF-12 Zoning District for expansion of an existing church, school and rectory, in accordance with the Conceptual Master Plan (Exhibit "C'). BE IT FURTHER RESOLVED that this Resolution be recorded in the 1~ minu:es of this Board. 16 l? ~0 ATTEST: DWIGHT E. ~.R~X2K, Clerk Approved a~ %~ Form and Legal Suffic~ncy: ~arJ~e M.' S'~uden~ A~sis~&n~ County A~=orney ]7 This Resolution adopted after motion, second and majority vote. Done this day of , 1998. BOARD OF ZONING APPEALS COLLIER COUNTY, FLORIDA BY: B~RBARA B. BERRY, Chairr~an -2- MAY g 6 1998 FI~ING OF FACT BY COLLIER COUNTY PLANNING COMMISSION FOR A CO~iTIONAL USE ~PETITION FOR CU-98-1 The following facts are found: Sections 2.2.4.3.2, 2.2.4.3.3, 2.2.6.3.2 and 2.2.6.3.5 of the Land Development Code authorized the conditional use. Granting the conditional use will not adversely affect the public interest and will not adversely affect other property or uses in the same district or neighborhood because of: A. Consistency with the Land Development Code and Growth Management Plan: Yes a.--" No B. Ingress and egress to property and proposed structures thereon with particular reference to automotive and pedestrian safety and convenience, traffic flow and control, and access in case of fire or catastrophe: $ Adequate ingress & egress Yes L/No C. Affects neighboring properties in relation to noise, glare, eco3~omic or odor effects: c.-- No affect or Affect mitigated by Affect cannot be mitigated D. Compatibility with adjacent properties and other property in the district: Compatible use within district Yes Based on the above findings, this conditional use should, with stipulations, (copy at~ached) ¢~~~commended for approval Exhibit "A" MAY 2 6 1998 ATTACHMENT #1 LEGAL OF..,~CRIPT~ON: (O.R. 1112, PG. 1617) ALL OF BLOCK 204 AND 205 UNIT 6 OF GOLDEN GATE ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA THAT PORTION OF 53rd STREET S.W. BETWEEN BLOCKS 204 AND 205, AS WELL AS CERTAIN EASEMENTS BETWEEN INDIVIDUAL LOTS WITHIN BLOCKS 204 AND 205, WERE VACATED BY COLLIER COUNTY RESOLUTION NUMBER 79-20 RECORDED IN OFFICIAL RECORD BOOK 795 AT PAGE 1734 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. ZONING IS RSF-3 ATTACHMENT LEGAL DESCRIPTION; LOTS 4-6, BLOCK 201, GOEDEN GATE UNIT 6 ACCORDING TO THE PLAT THEREOF RECORDED IN PLAT BOOK 5, PAGES 124-134, INCLUSIVE OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA Exhibit "B" ZONING IS RMF-12 MAY ~ 6 1998 m CONDfTIONAJ_ USE PLAN Exhibit "C" EXECUTIVE SUMMARY REQUEST TO TRANSFER $9,000 FROM COMMUNITY DEVELOPMENT RESERVES (COST CENTER 113-919019-999100) TO PLANNING DEPARTMENT ADblINISTRATION (COST CENTER 113-138312) EXPENDITURE CODE 513100 (OTHER SALARIES), FOR TItE PURPOSE OF MAKING SUFFICIENT FUNDS AVAILABLE TO COVER THE COST OF AN INTERNSHIP PROGRAM BET~VEEN THE FLORIDA STATE UNIVERSITY AND COLLIER COUNTY PLANNING SERVICES DEPARTMENT. OBJECTIVE: The purpose of this request to transfer $9,000 from Community Development I 13 Reserve Funds to the Plamfing Services Administration for the purposes of making sufficient funds available to cover the co~t of an internship program between the Florida State University and the Collier County Planning Department. CONSIDERATIONS: Bruce Stiffel, Chairperson of the Urban and Regional Planning Department of Florida State University, in Tallahassee, contacted staff and proposed an internship program between the University and the County Planning Department. The internship program will begin in mid-July 1998 and continue through mid-August of 1999. The intern will be an enrolled graduate student in the Urban and Regional Planning Master's Degree program. The intern will be engaged in full-time professional activities under the Direction of the Collier County Planning Director for one month during July-August 1998, and for three consecutive months during the period of May-August 1999. From late August 1998 through April Of 1999, the student will be engaged in full time studies at the University, but may participate in selected activities as directed by Collier County if related to the internship program. In exchange for the professional services rendered by the intern, Collier County agrees to provide a professional planning work experience with supervision and feedback. The County will pay a cash stipend of not more than $9,000.00 (less legally required fringe benefits), FSU will provide administrative and educational oversight, including the management of payroll matters. ,.F.ISCAL IMPACT: If this Budget Amendment is approved, Community Development Reserves Cost Center (I 13-919010-9991000) will be reduced by $9, 000.00. These funds will be transfer from reserves into Cost Center 113-138312 (Planning Services Administration) undm Object Code 513100 (Other Sala: les) to provide sufficient operating funds to cover the cost of the internship program. GROWTH MANAGEMENT IMPACT.: Approval of this budget transfer ,,rill have no impact on the Collier County Growth management Plan. RE .CQMMENDATION: Amendment. SUBMITTED BY: REVIEWED BY:/~' That the Board of County Commissioners approve this Budget Date: ,.5---~3 -~o0 _ ^Gt, o,,,,',.~, x '"] MAY 2 6 1998 'I-he Hot-Ida State Unl~,erstty Tallahassee, Florida 32306.2280 Department of Urban and Regional Planning + 1.850.644.4510 hztp://wnw.fsu.edu/'durp MEMQR ~ND~MQ~ AGREEMENT 20 April 1998 BET-~EEN: Brace Stiftel, Chairperson, Planing Vincent A. Cautero, Administrator, Collier Count Community Development and Environmental Services Division Department of Urban and Re~~ RE: Internship Program for 1998-99 Collier County and Florida State University wish to cooperate in training a graduate planning student. Collier County will provide a professional planning work experience with superwision and feedback to the intern and will pay a cash stipend set to egual $9,000 once all legally-required fringe benefits are added. FSU will provide administrative and educational oversight of the internship including the management of payroll matters and will provide a tuition stipend equivalent to the waivable portion of up to 24 hours of tuLt~on. The period to be covered by the internship will begin in mid-July 1998 and continue through mid-August 1999 contingent on the continued agreement of both parties. The parties may amend this agreement to continue for a second academic year by a letter of extension. The intern will be engaged in full-time professional actiwities under Collier County's direction for one month during July-August 1998 and for three months during the period May-August 1999. The intern will be engaged in full-time studies at FSU from late August 1998 through April 1999, but will participate in selected activities directed by Collier County as allowed by coursework responsibilities. If these activities during the school year require presence in Collier County, the County will provide travel expenses. The total stipend to be paid i~ $9,000 (less fringe benefits). This will be paid by FSU warrant, in roughly equal bi-weekly amounts for the thirteen month period of the internship. Collier County will pay stipend funds to FSU in advance of their disbursement to the intern, either on a semester basis or in one lump sum at their option. If the student discontinues his/her education or otherwise ends participation in the internship pro, ram before completion of the work requirement, he or she will be responsible to repay all stipend funds received in excess of hours worked on a pro-rata basis within thirty days. Stipend funds returned in this manner will be refunded to Collier County. He or she may also be required to repay tuition waiver dollars as required by normal university procedures. Th~s agreement is contingent on satisfactoz7 work performed by the intern. · GE A T I sl0:collier N°' ~/0 mAY 6 1998 Pg. ~ _ BUDGET AMENDMENT REQUEST IFor Budget/Tin',ncc Use Only A.P.H. I~te ....................... FU~'D 'I'ITI,E General Fund FUND NO. 113 Date pr~-pared: 5/11/98 Attach Executive Summary BCC Agenda date Item No. if previously approvM. EXPENSE BUDGET DETAIL fPlanning Services [138312 Expenditure ~xpenditure Increase Current Revised Object Code Title (Decrease) Budget Budget 513100 Other Salaries 9,000 4,000 13,000 TOTAL 9,000 Reser~'es I13-919010-999100 Cost Center Title Cost Center No. Project Title Project No. Expenditure Expenditure . .. Increase Current 'Revised Object Code Title --~. (Decrease) ,.,Budget Budget 7991000 Reserves (9,000) _ " TOTAL (9,000)" _ REVENUE BUDGET DETAIL Cost Center Title Cost Center No. Project Title Project No. Revenue Revenue Title Increase Current Revised Object Code (Decrease) Budget Budget TOTAL EXPLANATION Why are funds needed? The purpose ofthts request to transfer S9,000 from Community Development 113 Reserve Funds to the Planning Service~ Administration for the purpose of making sufficient funds available to cover the cost of an internship program be~,veen the Florida State Univer~ity and the Collier County Planning Department. The Board of Count)' Commissioners has approved this Budget Amendment. Where are funds available? Funds are available from the Community Development reserves Cost Center (113-919010-9991000) which will be reduced by $9,000.00. These funds will be transfer from reserves into Cost Center 113-138312 (Planning Services Administration) under Object Code 513100 (Other Salrtes) to provide sufficient operating funds to cover the cost of the internship program. REVIEW PROCESS Cost Center Director: Division Administrator: Budget Department: Agency Manager: Finance Department: Clerk of Board Admin.: Input by: B.A. No.: DATE EXECUTIVE SUMMARY RECOMMENDATION TO APPROVE COMMERCIAL EXCAVATION PERMIT NO. 59.638 "DONOVAN CENTER PUD" LOCATED IN SECTION 30, TOWNSHIP 48 SOUTH, RANGE 26 EAST: BOUNDED ON THE NORTH BY IMMOKALEE ROAD, ON THE EAST BY BREEZEWOOD PUD AND LAND ZONED A, ON THE SOUTH BY LAND ZONED A, AND ON THE WEST BY STILES PUD AND LAND ZONED A. OBJECTIVE: To i~que an excavation p~rmit to Tm~t 97-4, William Schwdkhardt, Trustee for the project know as "Donovan Center PUD" in accordance with County Ordinance No. 92-73, Division 3.5. CONSIDERATIONS: The Petitioner proposes to excavate 51,500 C.Y. from a 3.5 acre lake to a depth of 12'0". The material will be stockpiled on site. No material will be hauled offsite. FISCAL IMPACT: Application Fee S850.00 Permit Fcc 5;212.50 Fund/Cost Center 113 138 900 329 40000000 113 138 900 329 40000000 Total $1062.50 GROWTH MANAGEMENT IMPACT: None ItlSTORIC/ARCHAEOLOGI CAL IMPACT: Staffs analyais indicates that the petitiom.'fs property is located outside an area of historical and archaeological probability az referenced on the official Collier County Probability Map. Therefore, no Historical/Archaeological Survey and Assessment is required. RECOMMENDATION: That the Board of Ceunty Commissioner~ approve thc issuance of Excavation Permit No. 59.638 to Tru~ 97-,~, William Schweikhardt, Trustee for the project known as "Donovan Center PUD" with the following stipulations: 1 I AY 2 6 1998 If trees are to be removed as a result of the excavating operation, a Vegetation Removal Permit, required by Land Development Code, Division 3.9 shall be obtained from Collier County Planning & Technical Services before work shall commence. The excavation shall be limited to a bottom elevation of-0.S ft. NGVD. All disturbed areas proposed lake excavation shall be excavated to a minimum elevation of,*.5 ft. NGVD. 3. No excavated material shall be removed from the project site. 4, The lake littoral zone shall be created and planted as indicated on the Plan of Record. In order to ensure a minimum eighty percent (80",4) coverage of littoral zone planting areas, a performance guarantee, based on a cost estimate to replace the original installed littoral zone plants, will be required upon completion and acceptance of the excavation (Land Development Code 3.5.7.2.5). No Certificates of Occupancy will be issued until this performance guarantee is submitted. All provisions of Collier County Ordinance No. 97-102, Division 3.5 shall be adhered to. Where groundwater is proposed to be pumped during the excavating operation, a Dewatering Permit shall be obtained from the South Florida Water Management District, and a copy provided to Engineering Review Services for approval prior to the commencement of any dewatering activity on the site. 8. No blasting will be per}'nitted unless issued a separate permit by Collier County Engin~ring Review Sep,'ices. A 20 ft. maintenance easement shall be provided around the perimeter of the lake and a 20 ft. access easement to it shall be provided from a right-of-way. The easement shall be accessible to all maintenance vehicles. I0. Stockpile side slope shall be at a maximum of 4:1 unless fencing is installed around the entire perimeter of the stockpile area. 11. Any stockpile in place for a period exceeding 60 days shall be seeded and mulched and erosion control devices installed. 2 MAY 2 6 1998 PREPARED BY STAN CHRZA~WSKI, P.E. PROJECI" PLAN REVIEW REVIEWED BY: THOMAS E. KUCIC, P.E. CURRENT PLANNING MANAGER ~~~-~.~.~ ~. ~,OB~,RT J. MULHERE, AICP PLANNING SERVICES DEPARTMENT DIRECTOR CAUTERO, AICP, ADMINISTRATOR COMMUNITY DEV. AND ENVIRONMENTAL SVCS. DAT~' DC/dcn/EX 5UM~aAR Y/M ~'ic's ~A¥ 2 6 1998 MAY g 6 REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "THE PRESERVE AT BERKSHIRE PINES" To approve for recording the final plat of The Preserve at Berkshire Pines, a subdivision of lands located in Section 33, Township 49 South, Range 26 East, Collier County, Florida. CONSIDERATI 0~ ~ Engineering Review Section has completed the review of the final plat of "The Preserve at Berkshire Pines". This document is in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. There are no subdivision related improvements associated with this plat. Engineering Review Section recommends that the final plat of "The Preserve at Berkshire Pines" be approved for recording. FISCAL IMPACT,: The County will realize revenues as follows: Fund: Couu~unity Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $450.00 Plat Review Fees G~ROWTH MA~AG~ IMPACT The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECO~ATION z That the Board of County Commissioners approve the Final Plat of "The Preserve at Berkshire Pines" with the following stipulations: 1. ~se~~/ Authorize the recording of the Final Plat of "The Pr Berkshire Pines." MAY 2 6 1998 Executive Summary The Preserve at Berkshire Pines Page 2 ppF. PARED BY: John R. H6uldsWorth, Engineering Review Senior Engineer REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Planning Services Department Director Vincent A. Cautero, AICP Administrator Comrmunity Dev. and Environmental Svcs. Community Dev. and Environmental Svcs. DIVISION Date . Date Date Dat~ ff,~¥ 2 6 '~998 0 il R26E ".- 26 W~TI~TAT'r.. - 75 33 ~S I VICINITY MAP NOT TO SCALE LEGAL DESCRIPTION BEGIN AT THE NORTHEASTERLY t405T CORNER ~c BERKSHIRE PINES, PHASE MAY g 6 1998 REQUEST TO APPROVE FOR RECORDIN~ TH~ FINAL PLAT OF 'WILDCAT COVE TWO"AND APPROVE THE VACATION OF A PORTION OF STERLING OAKS DRIVE, AND PORTIONS OF THE PLATS OF STERLIN~ OAKS AND WILDCAT COVE, PETITIONS AV-97-024 AND AV-97-026 To approve for recording the final plat of "Wildcat Cove Two", a subdivision of lands located in Section 10, Township 48 South,. Range 25 East, Collier County, Florida, and approve the vacation of a portion of Sterling Oaks Drive, and portions of Sterling Oaks and Wildcat Cove, Petitions AV-97-024 and AV-97-026. C0NSIDERATIO~, Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Wildcat Cove Two" These documents are in compliance with the County Land Development Code and Florida State Statute No. 177. All fees have been paid. It is the intent of the developer to record the plat prior to construction of the improvements. The security in the amount of 110% of the total cost of the required improvements is being covered by construction and maintenance agreement and a Cash Bond. This would be in conformance with the Cou/Tty Land Development Code - Division 3.2.9. A resolution authorizing the acceptance of these re-platted lands is attached. This would be in conformance with Florida State Statute No. 177.101(2). Engineering Review Section recommends that the final plat of "Wildcat Cove Two" be approved for recording and that a copy of the replatting resolution be forwarded to the Clerk of Courts. FISCAL I.M]~ACT: The fiscal impact to the County is as follows. The project cost is $24,968.00 (estimated) to be borne by the developer. The cost breakdown is as follows: a) Water & Sewer b) Drainage, Paving, Grading - $23,362.00 - $ 1,606.00 The Security amount, equal to 110% of the project cost, is $27,464.80 MAY 2 6 1998 Executive Summary Wildcat Cove Two Page 2 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $1,460.98 Fees are based on a construction estimate of $24,968.00 and were paid in October, 1997. The breakdown is as follows: a) Plat Review Fee b) c) d) Construction Drawing Review Fee Water and Sewer (.50% const, est.) Drainage, Paving, and Grading (.425% const, est.) Construction Inspection Fee Water and Sewer (1.5% const, est.) Drainage, Paving, and Grading (1.275% const, est.) Vacation Fee GROWT~ M~tNAG~tNT IMPACT: $466.44 - $116.81 - $ 6.83 - $350.43 - $ 20.47 - $500.00 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney,s Office for the project. RECO~ATIO~, That the Board of County Commissioners approve the Final Plat of "Wildcat Cove Two" with the following stipulations: 1. Accept the Bond as security to guarantee completion of the subdivision improvement~. 2. Authorize the recording of the Final Plat of "Wildcat Cove. 3. Authorize the Chairman to execute the attached construction and maintenance a~reement, and Resolution. 4. That no Certificates of Occupancy be ~ranted until the required improvements have received preliminary acceptance. 5. Autho.rize the Clerk of the Circuit Court notation of this action upon th- nr~vtous D.~at. Executive Su~ry Wildcat Cove Two Page 3 PREPARRD BY: John R. Houldswor=h, Engineering Review senior Engiheer REVIEWED BY: Thoma~ Z. Kuck. P.E, - Engineering Review Manager /Robert Mulhere, AIC~--- Planning Services Department Director 9incent A. Cautero, AICP, Administrator Conx~unity Development & Environmental Services Co~,.~unity Dev. and Environmental Svcs. DIVISION JRH Date Date Date Date .,'4 0 R T H ' CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of 199~between Community Development Corporation of Sterling Oaks, hereinafter referred to as "Developer", and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as "Thc Board". RECITALS Ao 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 Wildcat Cove Two. 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 sn.:bdivision 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: Developer willcause to be constructed the required improvements as set forth in the site construction cost estimate ('Estimate") prepared by Q. Grady Minor & Associates, P.A.,a copy olr which is attached hereto and incorporated herein as Exhibit 'A' within 12 months from the date of,~pproval said subdivision plat, said improvements hereinafter referred to(as)the required improvements. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "B")and by reference made a part of in the amount of $27,464.80 which amount represents 10% of the total contract cost to complete construction plus 100% of the estimate cost of to complete the required improvemer, Ls at the date of this Agreement. la 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. complete The required improvements shall not be considered ~ statement~ of substant:al complenon by Deveh~per s engmeelr final project records have been furnished to be reviewed a.,ndlag~~.~ DevelopmentDevel°pment:~' ServiCeScode. Director for :omp,t.i,~lirt'i~XMAy~. ~'~'~' '~ ~'/g .,r/O 19~18thi _oi J~l~~"=~ll~ The Development Services Director shall within sixty (60) days of receipt of the statement of substantial completion, either: a) notify the Developer in writing of his preliminary approval of the improvements; or b) notify the Developer in writing of his refusal to approve improvements, therewith specifying those conditions wi'rich 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. 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 by the Board, the Board shall release the remaining 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. 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 subdivision performance security on the basis of work completed. Each request for the 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 reccrds 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 thc improvements completed as of the date of the request. In the event the Developer shall fail or neglect to fulfill its obligations under this Agreement, upon certification of such failure, the County Administrator ma)' call upon the subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvement. The Board shall have the right to construct and maintain, or cause to be constructed or maintained, pursuant Io public advertisement and receipt and acceptance of bids. the improvements required herein. The Developer, a.~ 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 cost. together with any damages, either direct or consequefit~a,,,~,mm~;'~.~.i~ ~Ii ~ Board may sustain on account of ..... ~ "-:'x~'~,_,,~i"e .,__ ~ 'elop~ tn nirrtrr,xn"m/ the provisions of this Agreement. "o. ~'£~J'0 \ All of the terms, covenants and corKlitions 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 Developer have caused this Agr?me~nt to be executed by their duly authorized representatives this -.-.. day of.'. , , .. Signed, sealed and delivered in the presence of: Printed or Typed Name Printed or Typed Name Community Development Corporation of Sterling Oaks, A Florida Corporation By: Stuart O. Kaye, President ATTE.ST: DWIGHT E. BLOCK, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Deputy Clerk By: CHAIRMAN Approved as to form and legal sufficiency: I~A'~ID C. W~IOEL Collier County Attorney F:SO~CON~FAGR£ " AY 2 $1998 WILDCAT COVE TWO AT STE~G OAKS ENGINEERS COST ESTIMATE 6" Gravity Laterals 6" Clean Outs Water Service Sleeve~ 1 ~h' Asphalt 8' Limerock Ba~ 12" Stabilized Subgradc Curb & Guucr 682 l.f ~ $11.50 each = 31 @ $79.00 each = 1,307 l.f. @ $10.00 each = Sub-Total $7,843 2,449 13.070 $23,362 I34 s.y. @ $3.00/s.y. = $402 134 s.y. @ $5.00/s.y. = 670 134 s.y. 0 $I.OO/s.y. = 134 I00 l.f. $ $4.00/1.f. = 400 Sub-Total $1,606 Grand Total $24,968 OCT 9 297 F:SO"~D we, I d o~ o 0 0 ~/~¥ 2 6 1998 A%~rACHMENT A PETITION FORM FOR VACATION OF ROAD RIGhTS-OF-WAYS Date R,ceived: Petition /:AV- Petitioner:~Community Development iCorp, of Sterling Address: 16990 Nort5 Tamiaml Tral - Telephone:~ql; 594-5686 City/state:_Naples~ ~ zip Code: 34110 - Agent: O. Gradv Minor & Associates, p,~. Telephone:~47-1144 Address:_~QO V~ D~I City/Stat.:_Boni~a Springs, FL Zip Cod.:.~41 Road Nam.: Sterlin~ Oaks Drive ~cation: section iQ Township 48- South Range Legal Description: See attached, legal description and ske{~ B-1257 . , Pla% Book __ 23 .Page(s) 5~0 Reduced r~gnt-o~-way ~rom 0u' ~o ~0' ~o accomoOa Reason for Re.mst: Buildinqs on Lots.' 41-4~ cu~ent Zoning:.,, PUD Does this affect density? I Hereby Authorize Agent Above to Represent Me for this Petition: Ye~ ~ No er Date ~rint Name Stuart O. Kaye ~Title)President of Co.unity Development Corporation of Sterlin~ Please ~ee "Policy and Procedure of Vacation and Annulment- for the O~k~ list of ~upportive materials ~hich must accompany this petition, and deliver or mail Transportation Services Collier County Government Complex Naples, FL 33962 Telephone: (941) 774-8494 · (I) If a6plicant i~ a land trust, indicate the name of beneficiaries. (2) If applicant is a corporation oth.r than a public corporation, indicate the name of officers and major stockholders. (3) If applicant Is a partnership, limited partnership or other business entity, indicate the name of principals, (4) List all other Community Development Corporation of Sterling Oaks a Florida Corporation. , ,, I AY 2 6 1998 Q CR. ADY MINOR. P.E. 1,4AP~ W. ~INOR. P.E. C. DEAN SMrT'H. P.E,. DAVID W. ScHMrTT, P,E. Q. GRADY MINOR & ASSOCIATES, P.A. Civil En~Dineers · Land Survey, ors · Plan~ers ALAN V, RC~EMAN LEGAL DESCRIPTION ROBERT W. THINNES, A.l.C. pz~l~ · ERIC V. SANDOVAL. P$.MJJ A PORTION OF TRACT "R" (STERLING OATHS DRIVE) STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20 "A-REA TO BE VACATED" (SKETCH B-1257) A PARCEL OF LA~D LOCATED ON THE WEST HALF OF ~ECTION 10, TOWNSHIP 48 SOb~H, R3~NGE 25 EAST, COLLIER COUNTY, FLORIDA; AND ALSO BEING A PORTION OF TRACT "R" (STERLING OAKS DRIVE) AS SHOWN ON THE PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT THE NORTHWEST CORNER OF LOT 92, TRACT "C" OF STERLING OAKS, RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; THENCE RUN N 06°59'52" W FOR A DISTANCE OF 10.00 FEET; THENCE RUN N 83°00'08" E FOR A DISTANCE OF 211.83 FEET TO THE BEGINNING OF A TANGENTIAL CIRCUT. JkR ~VE CONCAVE TO THE NORTH; THENCE RUN NORTHEASTERLY A.LONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A RADIUS OF 171.67 FEET, THROUGH A CEntRAL ANGLE OF 10°45'13", SUBTENI)ED BY A CHORD OF 32.17 FEET AT A BEARING OF N 77°37'31'' FOR AN ARC LENGTH OF 32.22 FEET T3 A POINT OF REVERSE CURVATURE; THENCE RUN SOUTHEASTERLY ALONG THE ARC OF SAID CURVE TO THE RIGHT, F~VING A RADIUS OF 25.00 FEET, THROUGH A CENTRAL A/%'GLE OF 76°55'59", SUBTENDED BY A CHORD OF 31.10 FEET AT A BEARING OF S 69'17'06" E, FOR AN ARC LENGTH OF 33.57 FEET TO THE END OF SAiD ChiVE; THENCE RUN S 30°49'06'' E FOR A DISTA~iCE OF 10.25 FEET TO A POINT ON A CIRCULAR CURVE CONCAVE TO THE SOUTHWEST, W/qOSE P-ADiUS POIHT BE~RS S 59~10'54'' W A DISTANCE OF 25.00 FEET THEREFROM; THENCE RU}; SOUTHWESTERLY A~ONG THE ARC OF SAID CURVE TO THE LEFT, HAVING A R;~DIUS OF 25.00 FEET, THROUGH A CENTRAL ~NGLE OF 77:34'33" Sb~TENDED BY A CHORD OF 31.32 FEET AT A BEARING OF N 69~36'23'' W, FOR AN ARC LENGTH OF 33.85 FEET TO A POINT OF REVERSE CU?.VATURE; THE~;CE Rb~ SOb~5?WESTERLY I~ONG THE ARC OF SAID CURVE TO THE RIGHT, F~VING A RADIUS OF 18i.67 FEET, THROUGH A CENTRAL ~NGLE OF 11°23'47' Sb~TENDED BY A CHORD OF 36.08 FEET AT A BE~RI~;G OF S 77°18'14'' W, FOR kN ARC LENGTH OF 36.13 FEET TO THE END OF SAID CURVE; THENCE Rb~ S 83°00'08'' W FOR A DISTA}:CE OF 211.83 FEET TO THE POINT OF BEGINNING, CONTAINING 0.06 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTHERLY LINE OF THE NORTHWEST QUA_RTER OF SECTION 10, TO%~SHIP 48 SOUTH, FLORIDA; AS BEING N 89°43'35'' E. Q. G.:L~JDY Mi.~';OR & ASSOCIATES, P.A. s io, _o ,"/.,,51X CHERNESKY R.ANGE 25 EAST, COLLIER COb,~TY, ~AY ~ 8 1B98 TOM STATE OF FLORII~A ..... 3~0 Vid Del Rey · ~ni~ Springs, Florida ~1~ MAY" · , 6 1998 MAY g 6 1998 WILDCAT COVE ~ STERLLNG OAKS VACATION ~but~:pr~'p~y ~'s List and Other Owner's Within 2.50' l~dius of Vacation Area ~uqq-oz4 Gadaleta, Domenico & Angela 5722 107th Avenue N. Naples, FL 34108 Parcel 10 Folio #00143480~8 Watson, Ronald E., Kathleen B 25931 Power Road Farmington Hills, MI 48336 Sterling Oaks Tract C Lot 102 Folio ~/4900003421 CSD International, Inc. Molmwk Trail Shelbume Falls, MA 01370 Parcel 11 Folio ~D0143520007 Huelme, Lotl~ar Sckiel, Isle-Marie 14900 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 105 Folio ~/49(X)~3489 Wisman Tr Paul P 148 Bristol East Road ,qB Bristol, VA 24202 Parcel 28 Folio ~KX) 14.4680001 Otto, Jay A, Alma G 14940 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 115 Folio//74900003683 Langley, Cl'u'istopher Lee 6326 Mayo Drive San Jo~, CA 95123 Sterling Oaks Tract C Lot 98 Folio//74900003340 Gaffney, Brian T & Bettina M 1160 16th Street Fort Lee. NJ 070124 Sterling Oaks, Tract C Lot 103 Folio #7490(X)03447 Nowe, Leslie K, Anderson, Catherine M 14876 Sterling Oalcs Drive Naples, FL 34110 Sterling Oaks Tract C Lot 99 Folio//74900003366 Keller Kenneth P & Marylu R Roeser 14896 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 104 Folio//74900003463 Springvloe. d, Arnold & Anna M 14904 Sterling Oa~ Drive Naples, FL 34110 Sterling Oa~ Tract C Lot 106 Folio//74900003502 Meyering, Edwin I.. & Janet R 25 Burr Oak Drive Pittsford, NY 4534-3537 Sterling OaRs Tract C Lot 107 Folio #74900(XB528 Valerio, Gennaro F & JosepNne 19912 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C LOt 108 Folio #749(XXX)3544 Burton, David S & Janet L 7881 Sarbury Drive Dublin, OH 43016 Sterling Oaks Tract ¢ Lot 1, F01io..~~3560 MAY Lucyk Jeffery D, Franko Sharon L 6218 Curtis Road Plymouth, MI 48170 Wildcat Cove Block A Lot 3 Folio 181960000185 Stockinger Thomas/Beate Weiner Strasse 169 Stuttgart, Germany Wildcat Cove Block C Lot 87 Folio #81960001883 Routhicr Rene E; Anne Mann 657 WiggLr~s Lake Drive #102 Napl~, FL 34110 Wildcat Cove Block A Lot 4 Folio #81960000208 Stockeuger Thomas & Beate Weiner Strasse 169 Stuttgart, Germany Wildcat Cove Block C Lot 88 Folio #81960001906 Woznick Daniel J/Eugenic E 657 Wiggirm I.m.ke Drive ,f201 Naples, FL 34110 Wildcat Cove Block A Lot 5 Folio #81960000224 Woodman Evelyn F 14936 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block D Lot 114 Folio//81960001922 Mattfeld Magdelena Heugelstr 511 74182 Obersulm Wildcat Cove Block A Lot 17 Folio//81960000460 Sheeran Maureen E 14944 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block E Lot 116 Folio//81960001948 Ciacco Joseph G & Marlene 21 Lois Lane Old Bethpage, NY 11804 Wildcat Cove Block A Lot 47 Folio//81960001061 Tilton Harry B & Ellen 14810 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block A Lot 48 Folio//81960001087 Krogmann William G, Judith E 14994 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block C Lot 84 Folio #81960001825 Hiby HeinrichfKarin In Den Birken 169 Wuppertal, Germany Wildcat Cove Block C Lot 85 Folio//81960001841 Sterling Oaks Joint Venture 16990 Tamiami Trail North Naples, FL 34110 Wildcat Cove: Block A Lots I, 2, 6-15, 1846, 49, 50 Block B Lots 11, 51-60 Block C Block F Sterling lr:$O'*.,~WC. I Lots 61-83 Lot 43 Oaks Tract C Lots 13-42. I00, 101, 110 - 113 M 2 6 '998 P~t'T~T~O~ £~P~ TOR ¥~CAT~ON OF PLA? OCCU~G S~L?A~£OUSLY ~ (EXCEPT FOR ROAD RIGHT-OF-WAY) Pate Received: /~-~-~ Petition ~: ~-~ Petitioner/Ovn,r:~O~unlty Development Coro, of~Oaks A~dress: ~6gg0.Nort~ Tam~mi Trafl Tel,phone:~686 City/Stat~: Naples, fL ' zip code: 34110 Agent: Q. Grady Minor & Associates, P.A. Addrmss:~3800 Vi~ ~1 Rev Tslmphona: (941) 947-1144 Ci=y/Sta=,: Bonita Spr%nqs~ FL zip Cod,: ~4134 ~cation: S~ction 10 To,ship ~h Range ~t ~gal D~script~on:_ See a~%a~h~ legal description and sketche~, Subdivision~l~ Sterlin~ Bo°k 23 Pag~ (s) 5-20 26 R.ason for R.~.st: Adjust interior side lot ~-29 28 to chan~e in product tYPe (site Dlan,~hang~) and reduce a port~on of .60~-R~O.W. tb ~O , ~rrent Zoning: PUD Do.~ thi~ affect density? I Herzby Authorizm Agent Above to Repr.sent Mm for' this P~tition: Y~s _X_ No __ Printed Title President of '~uni. tv Development Corporation of Sterling Oaks Please z~"Policy ~nd Proc~urm ~ ~acation and Annulment" for the li~t of supportive material~ which mu~t accompany this petition, and d~liver or mail Collier County Project Engineering R.view Semites of Co.unity Dmv. lopm.nt an4 Environm.ntal Services Division Colli.r County Gov.rnm.nt Compl.x Naples, Fla. 339~2 T~l~hone: (941) ~43-~471 g 0 1998 Q. GRADY MINOR. P.E. MARK W. MINOR, P.E. C. DEAN SMITH, P,F. DAVID W. SCHM1TT, P.E. Civ~ En~,neer~ · l.~nd Surveyors · PP~rmers LEGAL DESCRIPTION STERLING OAKS "AREAS TO BE VACATED" ALAN V. RC~£~,IAN ROgERT W. THJNNES, · ERIC V. SANDOVAL P PARCELS OF LAND LOCATED IN THE WEST HALF OF SECTION 10, TOWNSHIP 48 SOUTH, TLANGE 25 EAST, COLLIER COUNTY, FLORIDA; BEING MORE PARTICUI2%RLY DESCRIBED AS FOLLOWS: (SKETCH B-1256) LOTS 12 THROUGH 42, TRACT "C" OF "STERLING OAKS" AS RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 3.54 ACRES, MORE OR LESS. A PORTION OF TRACT "LC-l" STERLING OAKS, PLAT BOOK 23 AT PAGES 5-20 (SKETCH B-1258) A PARCEL OF LA.ND LOCATED IN THE WEST HALF OF SECTION 10, TO'~SHIP 48 SOUTH, RAi~GE 25 EAST, COLLIER COUNTY, FLORIDA; AND ALSO BEING A PORT~ON OF TRACT "LC-!", AS SHOWN ON THE PLAT OF STERLING OAKS, RECORDED IN PLAT BOOK 23 PAGES 5 THROUGH 20 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA; BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COM24ENCE AT THE WESTERLYMOST CORNER OF LOT 12, TR~.CT "C" OF STERLING OAKS AS SHOWN ON THE PLAT OF STERLING OkKS, PLAT BOOK 23 AT PAGES 5 THROUGH 20 OF THE Pb~LIC RECORDS OF C~LLIER COUNTY, FLORIDA; THENCE RUN N 29°57'43" E FOR A DISTANCE OF 21.74 FEET TO THE POINT OF BEGINNING; THENCE CONTI~TUE N 29°57-'43. E FOR A DISTANCE OF 11.65 FEET; THENCE Rb~ N 00°16'25'' W FOR A DISTANCE OF 83.28 FEET TO A POINT ON THE NORTHERLY LINE OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 48 SOUTH, RANGE 25 EAST; THENCE RUN N 69°43'35" E, ALONG SAID NORTHERLY LINE, FOR A DISTANCE OF 74.15 FEET; THENCE RUN S 40°19'44" E, ALONG THE NORTHERLY LINE OF LOTS 12, 13, 14 A~ 15 OF SAID TRACT "C" FOR A DISTANCE OF 122.94 FEET TO THE POINT OF BEGINNING, CONTAINING 0.07 ACRES, MORE OR LESS. ALL EASEMENTS ON THE ABOVE DESCRIBED LANDS, AS SHOWN ON A PLAT OF "STERLING OAKS" AS RECORDED IN PLAT BOOK 23 AT PAGES 5 THROUGH 20, OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLCRIDA. (941) 947-1144 · FAX (941) 947-0375 34k)0 Vi~ Del Re), · Bonita 5prin MAY 2 6 1998 -Mdil: QGblA~dol.~'om ,s, Florid,~ 3)~. ~c~. e~t"r- (SKETCH B-1259) LOTS 9 THROUGH 46 OF BLOCK "A", LOTS 11 ARD 60 OF BLOCK "B", LOTS 61 THROUGH 72 OF BLOCK "C", LOT 43 OF BLOCK"F", A_ND ALL OF TRACTS "A", "B", "C" AND "F" OF WILDCAT COVE, AS RECORDED IN PLAT BOOK 26 AT PAGES 28 AND 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA, CONTAINING 6.11 ACRES MORE OR LESS. ALL EASEMENTS, ON THE ;tBOVE DESCRIBED LAND, AS SHOWN ON A PLAT OF "WILDCAT COVE" AS RECORDED IN PLAT BOOK 26 AT PAGES 28 ~ 29 OF THE PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA. CONTAINING A TOTAL OF 9.72 ACRES, MORE OR LESS. BEARINGS REFER TO THE NORTHERLY LINE OF THE NORTh'WEST QUARTER OF SECTION 10, TOWNSHIP 48 SOUT/q, RANGE 25 EAST, COLLIER FLORIDA; AS BEING N 89"43'35" E. TOM CHF~RESK~ , P.$.M. #5426 STATE OF FLORIDA MAY 2 6 1998 / / 1998 1998 / I t Lucyk Jeffery D, Fmako Slm.,'on L 6218 Curtis Road Plymouth, M/ 48170 Wildcat Cove Block A Lot 3 Folio #8196(X)00185 Stockinger Thoma..qBeate Weiner Strasse 169 Stuttgart, Germany Wildcat Cove Block C Lot 87 Folio #81960001883 Routhier Rent E; Anne Mann 657 Wiggins Lake Drive #102 Naples, FL 34110 Wildcat Cove Block A Lot 4 Folio #81960000208 Stockeuger Thomas & Beate Weiner Strasse 169 Stuttgart, Germany Wildcat Cove Bl")ck C Lot 88 Folio #81960001906 Wozaick Daniel JfEugenia E 657 Wiggins Lake Drive #201 Naples, FL 34110 Wildcat Cove Block A Lot 5 Folio #81960000224 Woodman Evelyn F 14936 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block D LOt 114 Folio #81960001922 Mattfeld Magdelena Heugelstr 511 74182 Obersulm Wildcat Cove Blcck A Lot 17 Folio #81960000460 Sheeran Maureen E 14944 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block E Lot 116 Folio #8196(XX)1948 Ciacco Joseph G & Marlene 21 Lois Lane Old Bethpage, NY 11804 Wildcat Cove Block A Let 47 Folio #81960001061 Tilton Harry B & Ellen 14810 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block A Lot 48 Folio #81960001087 Krogmarm William G, Judith E 14994 Sterling Oaks Drive Naples, FL 34110 Wildcat Cove Block C Lot 84 Folio #81960001825 Hiby Heinrich/Karin In Den Birken 169 Wuppertal, Germany Wildcat Cove Block C LOt 85 Folio #81960001841 Sterling Oaks Joint Venture 16990 Tamiami Trail North Naples, FL 34110 Wildcat Cove: Block A Lots 1, 2, 6-15, 18--46, 49, 50 Block B Lots 11, 51-60 Block C Lots 61-83 Block F Lot 43 Sterling Oaks Tract C Lots 13-42, 100, 101, 110 - 113 F:SO~OWC. 1 WILDCAT COVE ~ STERLING OAKS VACATION .Abutting Property'Owner's List ~ad Other Owner's Within 250' Radius of Vacation Area uqq-oa ~;~.'r I ~: Z Gadaleta, Domenico & Angela 5722 107th Avenue N. Naples, FL 34108 Parcel 10 Folio gO014348(X~8 Watson, Ronald E., Kathleen B 25931 Power Road Farmlngton Hills, Nfl 48336 Sterling Oaks Tract C Lot 102 Folio ~49000C3421 CSD Latemational, Inc. Mohawk Trail Shelbume Falls, MA 01370 Parcel 11 Folio ,<~0143520007 Huehn~, Loth'~r Schiel, Isle-Maxie 14900 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 105 Folio #749(Xii)3489 Wisman Tr Paul P 148 Bristol East Road Bristol, VA 24202 Parcel 28 Folio t~X)144680001 Otto, Jay A, Alma G 14940 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 115 Folio t/749(XXX)3683 Langley, Christopher Lee 6326 Mayo Drive San Iose, CA 95123 Sterling Oaks Tract C Lot 98 Folio #74900003340 Gaffney, Brian T & Eettina M 1160 16th Street Fort Lee, NJ 070124 Sterling Oaks, Tract C Lot 103 Folio #74900003447 Nowe, Leslie K, Anderson, Catherine M 14876 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C I. at 99 Folio #74900c~3366 Keller Kenneth P & Marylu R Roeser 14896 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 104 Folio #74900003463 Springvloed, Arnold & Anna M 14904 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C LOt 106 Folio #749Cr._X~3502 Meyering, Edwin L & Janet R 25 Burr Oak Drive Pittsford, NY 4534-3537 Sterling Oaks Tract C Lot 107 Folio #749(X)(X)3528 Valerio, Gennaro F & Josephine 19912 Sterling Oaks Drive Naples, FL 34110 Sterling Oaks Tract C Lot 108 Folio g74900003544 Burton, David S & Janet 7881 Sarbury Drive Dublin, OH 43016 Sterling Oaka Tract C Lo[ Foli,, ,}5'4~'~ 2 3 9 11 RESOLUTION AUTHORIZING T~E ACCEPTANCE OF WILDCAT COVE A REPLAT OF A ~RTION OF ~O P~IOUSLY ~ED P~TS ~O~ AS WI~T CO~, ~ 5~ELING 0~, ~ A~ORIZlNG ~E VA~TION OF A ~RTION OF S~RLING OA~ DP.I~, ~RTI~S OF ~E P~T5 OF STEWING O~ ~ WI~T CO~, ACCO~ING TO ~ A~A~ED LEG~ DES~I~IONS, PETITIONS AV-97-024 ~ 97-026 12 ~HEP~F. AS, the Board of County Co,~nissioners of Collier County, 13 Florida, on January 11, 1994 approved the plat of Sterling Oaks for ~4 recording, and on January 23, 1996 approved the plat of Wildcat Cove I~ for recording; and 17 W]{ERF. AS, Co~u~ity D~velopment Cor~x~rattcn of Sterling Oaks is II replatting portions of Sterling Oaks and Wildcat Cove and has filed 19 for a repla~ of laid lands; and 21 ~HERF. AS, except as provided for in this Resolution, this replat ~ dc~ea not extin~Fuish or in anyway affect the dedica%iona contained in 23 the previous plats of these lands; and ~ W'F~ER~:.kS, pursuant to section 177.101, Florida Statutes, July 26 Adarmes. P.E. of Q. Grady Minor and Associates, P.A., as agent for the 27 petitioners, does hereby request the vacation of a portion of Sterling 2! Oaks ~Yrive and ~>ortions of the plats of Sterling Oaks (P.B. 23, P. 5 29 20) and Wildcat Cove {P.B. 26, P. 28 ~ legal descriptions, F-~hibit A; and ' ac_o.,,ng to the attached 32 ~KE -P.E~, this parcel, the approved pla~ of ~ildcaz Cove Two, is ]3 a par= of the previously approved and recorded plats of Sterling Oaks ~ and wildcat Cove, and the filing and recording of this approved plat )~ shall not affect access to lo:s previously conveyed under the previous )~ plats. NOW, /~EREFORE, BE IT RESOLVED A.%~ CRDERED BY ~HE BOA3~D OF 39 COL%'i"£ CO~2.4iSSiO~RS OF COLLIER CC.~;TY. FLGAiDA, that the pla= of ~ Wildca= Cove Two, a part of the previously aTproved and recorded pla~s ~l of Sterling Oaks and Wildcat Cove, is hereky approved for recordin~ ~2 and the dedications contained on the pla= of Wildcat Cove Two are 43 hereby accepted, and those lands described in ELhlblt A are hereby ~ vacated. Said vacation shall become effective u~on recordation of the 45 subjec~ pla~. ' BE IT F%~KER RE$OL'~D AL'D OP~EFSD %ha= the Clerk of the ~ Circuit Court shall mmke proper notation of =his ac=ion upon =he ~9 previou~ pla= and record a cer:ified copy of this repla= and a }0 cer[i~le: copy of the vacation resolution in the Of~icia! R~ccrds 51 Collier County. 5) This Resolu:ion adopted after m~ticn, second and ma]ority vote ~ favoring sam. e. ~6 DATED': 57 ATTEST: ~) DWZGH~ E. ~RgCK, CLERK 6Z 62 63 6~ 67 68 Approved as co form and legal 70 72 He'id~ ?: As~h:on 73 Assistant Collier County 74 7~ 76 BOA~D OF CO~.~-fy CO,¥.MiSSiONERS COLLIER ~-, -~v FLORIDA BA-~-B,%-o-:~ B. BERRY CFA i F. vA N I AY 1998 P, l . -- REQUEST TO APPROVE FOR RECOP. DIN~ THE FINAL PLAT OF PEBBLEBROOKE LAKES AND APPROVAL THE PERFORMANCE SECURI~ To approve for recording the final plat of Pebblebrooke Lakes. gQNSIDERATION~ The Board of County Commissioners on December 2, 1997 approved the final plat of Pebblebrooke Lakes with the stipulation that the plat not be recorded until security was provided to ensure completion of the required subdivision improvements. FISCAL IMPACT The fiscal impact to the County is listed below. The project cost is $1,481,610.40, to be borne by the developer. The security amount, equal to 100% of the cost to complete the remaining improvements and 10% of the total cost of the project, is $488,182.60. The developer has provided a Letter of Credit as t'he required security. The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 Development Services Revenue generated by this project: Total: $32,564.41 Fees are based on a construction estimate of $1,481,610.40 and were paid in November, 1997 and are reflected'in the Executive Summary of December 2, 1997. MAY 2 6 1998 Execu/tive Summary Pebblebrooke Lakes Page 2 ~OWTH MAKA~~ IMPACT ~ None ~EC~ATION~ That the Board of County Commissioners approve the final plat of .Pebblebrooke Lakes", with the following stipulations: 1) Accept the Letter of Credit as security to guarantee completion of the Subdivision improvements. 2) Authorize the recording of the final plat of .Pebblebrooke Lakes". 3) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 4) That no Certificates of Occupancy be granted until the required improvements have received preliminary acceptance. PREPARED BY: Joh~ R. H°uldsworth, Senior Engineer Engineering Review Date REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Rober~ Mulhere, AICP Pla~ Services Department Director Vincent A. Cautero, AICP, Administrator Community Development & Environmental Services Community Dev. and Environmental Svcs. DIVISION Date Date Date MAY 2 6 1998 LEE . CO _[,,O(~ATION MAP MAY 2 6 1998 COLLIER COUNTY LAND DEVELOPMENT CODE CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPR OVEI'~fF.N'TS THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS entered into this day of 19 __ between Pebblebrooke Lakes I.imited Parmership hereinafter I'eferred to as "Developer," and the Board of County Commissioners of Collier County, Florida, hereinafter referred to as the "Board". RECITAL& A. Developer has, simultat~ously with the delivery of this Agreement, applied for the approval by the Board of a certain plat of a subdivision to be known as Pcbblcbrooke Lakes 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 ~Sd 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 coven~ts hereinafter set forth, Developer ~d the Board do hereby covenant and agree as follows: V.~ vcloper will cause to be constructed thc Required Improvements within 12 months from the d.::e of approval said subdivision plat. s:,;d infrastructure (water. sewer, drainage and roadway) improvements hereinafter referred to aa the Requited Improvcmcnts. Developer herewith tenders its subdivision performance security (attached hereto as Exhibit "A" and by reference made a p~ ofhereo0 in the amount of $ 148,161.04 which represents 10% of thc total contract cost of completed coastruction plus $309,110.51 which represents 100.% of the estimated costs to complete the Required Improvements at the date of this Agreement for a total of $488,182.60. In the event of default by the Developer or failure of the Developer to complete such improvements within the time required by the La~ Development Code, Collier County, may call upon the subdivisioe performance securi~' to insure satisfactory completion of the required improvements. The required improvements shall not be considered complete until a statement of substantial completion by Developer's engineer along with the final project records have been furnished to be. reviewed and approved by the Development Services Director for compliance with the 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 thc Developer in writing of his preliminary approval of MAY 2 6 1998 thc improvcrncnts; or b) notify thc Developer in writing of his refusal to approve irnproverrmnts, therewith specifying those conditions which the l~:v¢loper must fulfill in order to obtain the Director's approval of thc irnprovcrncnts. However in no event shall thc Development Scrviccs Dh'cctor refuse prclirninary approval of the improvements ir they are in fact consu'uctcd and subrniHcd for approval in accordance with the requirements of this A~'ccmcnL l'nc Developer shall rnain~in all rcquL,'cd irnproverncnu for a rninirnurn period of one year after pr~:lirnh'~ary approval by the I)cvelopmcnt Services Director. After thc one year maintenance period by the Developer has t~rminatcd, the Develupcr shall petition the Development Services Db'ector to inspect the r~quir~d irnprovemcnts. The Dcvcloprnent Scr,,iccs DJ. rector or his designee shall Lnspect thc improvements and, if found to still be in compliance with the Collier County La~ Dcvclol:~nent Code as reflected by final approval by thc Boazd, the Board shall release the r~rnaining 10% of thc subdivision performance security. The Developer's r~sponsibility for maintenance of thc requbr, d irnprovcrncnt, s shall continue unless or until thc 13o~d accepts rn~nu:nance responsibility for and by thc County. Six (6) months a.f~r the execution of this A~TeCrncnt and once within every six (6) months thereafter thc Developer may request thc Devcloprnent Services DLrector to reduce the dolla~ amount of thc subdivision performance security on thc basis of work complete, Each request for a reduction in thc doilaz amount of the subdivision performance security shall be accompanied by a statement of substantial completion by thc Developer's engineer together with the project records necessary for review by the Dcvcloprnent Services Director. l'nc Development Services Director may grant the request for a reduction in the amount of thc subdivision performance security for thc irnprovcmcnts compl¢£cd as of thc date o£ thc request. In thc event thc Developer shall fail or neglect to fulfill i~s obligations under this ADrccmcnt, upon certification of such failure, the County Adrninis~'ator may call upon thc subdivision performance security to secure satisfactory completion, repair and maintenance of the required improvements. Thc Bo~d shall have the right to consa'uct and maintain, or cause to be cons~uctcd or maintained, pursuant to public advertisement and receipt and accep~'~cc of bids. thc irnnprovcrncnts required herein. Thc Developer, a.s principal under thc subdivision performance ~curity, shall bc liable to pay and to indemnify thc Board. upon completion of such construction, the final total cost to the ]3o~d thereof, including, but not limited to. engineering, le~al and contingent costs, together with any darnagcs, either direct or consequential, v,'hich thc Bo~zd may sustain on account of thc failure of thc Developer to fulfill all of r. he provisions of this Agreement. 9. All of the terms, covenants and conditions herein contained azc .',nd sh.~ll be binding upon the Developer and thc respecdv-, successors and assigns of the Developer. IN WITh'ESS WHEREOF. the Board and the Developer have caused this Ap'eernent to be executed by their duly authorized r:prcs~ntativcs this~ day of ..... 19~ MAY 2 6 1998 SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Witness (Print name) Pebblebrooke Lakes Ltd. a Horida Limited Partnership By:. Saundry & Associates, Inc. its General Partner ATTEST: Dwight E. Brock, Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and legal sufficiency Assistant County Attorney Chairman 1998 FIRST UNION NATIONAL BANK IRREVOCABLE STANDBY LETTER OF CREDIT NAY 06, 1998 THE BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY COLLI£R COUNTY ENGINEERING SERVICES 2800 NORTH HORSESHOE DRIVE NAPLES, FL 3~104 ATTN: JOHN HOULDSWORTH (;ENTLEMEN: LETTER OF CREDIT NO. S5S2099 WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR, FOR THE ACCOUNT OF PE~BLEBROOKE LAKES LIMITED PARTNERSHIP.. 255 EAST DRIVE, SUITE D, MELBOURNE, FLORIDA 32904 IN THE AGGREGATE OF= USD 488,182.60 UNITED STATES DOLLARS (FuUR HUNDRED EIGHTY EIGHT THOUSAND ONE HUNDRED EIGHTY TWO AND 60/100 ) AVAILABLE BY PAYMENT OF YOUR DRAFT(S) AT SIGHT DRAW~{ ON OURSELVES WHEN ACCOMPANIED BY THE FOLLOWING DOCUMENT(S): STATEMENT PURPORTEDLY SIGNED BY THE COUNTY ADMINISTRATOR, READING S FOLLOWS~ BBLEBROOKE LAKES LIMITED PARTNERSHIP HAS FAILED TO CONSTRUCT AN',/OR MAINTAIN THE IMPROVEMENTS ASSOCIATED WITH THAT CERTAIN PL .T OF A SUBDIVISION KNOW%/ AS PEBBLEBROOKE LAKES OR A FINAL IL ?ECTION SATISFACTORY TO COLLIER COUNTY HAS NOT BEEN PERFORMED P~ ~R TO THE DATE OF EXPIRY, AND SATISFACTORY ALTERNATIVE PS FORMANCE SECURITY HAS NOT BEEN PROVIDED TO AND FORMALLY A~ :EPTED BY THE BENEFICIARY." ':AFT(S) DRAWN UNDER THIS CREDIT MUST STATE ON THEIR FACE "DRAW}{ UNDER FIRST UNION NATIONAL BANK IRREVOCABLE STANDBY LETTER OF CREDIT NUMBER S$52099 DATED MAY 0~, 1998." IT IS A CONDITION OF THIS LETTER OF CREDIT THAT IT SHALL BE DEEMED AUTOMATICALLY EXTENDED WITHOUT AMENDMENT FOR ONE YEAR FROM THE PRESENT OR ANY FUTURE EXPIRY DATE UNLESS AT LEAST SIXTY (60) DAYS PRIOR TO SUCH EXPIRATION DATE, WE NOTIFY YOU IN WRITING BY CERTIFIED MAIL RETURN RECEIPT REQUESTED OR EXPRESS COURIER THAT WE ELECT NOT TO RENEW THIS LETTER OF CREDIT FOR ANY SUCH ADDITIONAL ONE YEAR PERIOD. CONTINUED ON NEXT PAGE WHICH FORMS AN INTEGRAL PART OF THIS LETTER OF CREDIT MAY 2 6 1998 REQUEST TO APPROVE THE FINAL PLAT OF PELICAN MARSH UNIT TWENTY To approve the final plat of "Pelican Marsh Unit Twenty., a subdivision of lands located in Section 36, Township 48 South, Range 25 East, Collier County, Florida. gONSIDERATIQ~ Engineering Review Section has completed the review of the construction drawings, specifications, and final plat of "Pelican Marsh Unit Twenty". These documents are in compliance with the County Land Development Code and Florida S~ate Statute No. 177. All fees have been paid. It is the intent of the developer to construct the improvements for this project prior to recording of the plat or to furnish the required amount of approved security for recording purposes at a later date. This procedure would be in conformance with Division 3.2 of the Collier County Land Development Code. Engineering Review Section recommends that the final plat of "Pelican Marsh Unit Twenty. be approved with the stipulation that the final plat not be recorded until the required improvements have been constructed and accepted or until the approved security is received to guarantee completion of the required improvements. · lSCAL IMP~C!~_ ~ The fiscal impact to the County is as follows. The project cost is $894,197.25 to be borne developer. The cost breakdown is as follows: a) Water & Sewer - $306,357.25 b) Drai-.%age, Paving & Grading $587,840.00 The County will realize revenues as follows: Fund: Community Development Fund 113 Agency: County Manager Cost Center: 138900 - Development Services Revenue generated by this project: Total: $16,765.43 by the Fees are based on a construction estimate ~f---~---~---~ $894,197.25 and were paid in April and Mayl199~.~') ! Executive Summary Pelican Marsh Unit Twenty Page 2 The breakdown is as follows: a) Plat Review Fee ($425.00 + $9./ac) -$ 645.00 b) Construction Drawing Review Fee Water & Sewer (.50% const, est.) - $1531.79 Drainage, Paving, Grading (.425% const, est.)- $2498.32 c) Construction Inspection Fee Water & Sewer (1.5% const, est.) - $4595.36 Drainage, Paving & Grading (1.275% const, est- $7494.96 The Concurrency Waiver and Release relating to conditional approval has been reviewed and approved by the County Attorney's Office for the project. RECOKMENDATIQ~ That the Board of Ccunty Commissioners approve the final plat of "Pelican Marsh Unit Twenty" with the following stipulations: 1) That the final plat not be recorded until the required improvements have been constructed and accepted or until approved security is received for the uncompleted improvements and that construction shall be completed within 36 months of the date of this approval. 2) Authorize the Chairman to execute the attached Construction and Maintenance Agreement. 3) That no building permits be issued until the final plat is recorded. MAY 2 6/998 _ p~. ~,.ecu~ive ~umeery ~elic&n Mareh ~nit Twenty ~age 3 . PREPARED BY .' John R. Houldsworth, Senior Engineer Engineering Review REVIEWED BY: Thomas E. Kuck, P.E. Engineering Review Manager Ro~%rt,~ulhere, Al~-p- Pl~nn/~/~rvices Department Director Vincent A. Cautero, AICP, AdminiS~'rator Community Development & Environm~ntal Services Community Dev. and Environmental Svcs. DIVISION Date Date Date MAY ,~ 6 1998 I ON OF PART OF St"CT I ON ~6, TOWNS G~ 25,EAST, COIl IER COUNTY, FLO VICTORIA PARK U~TIT TEN~ UHIT hrlHN rvo MONTEREY SITE 2 6 1998 LOCATION MAI, CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION IMPROVEMENTS PRIOR TO RECORDING OF PLAT THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION IMPROVEMENTS PtLIOR TO RECORDENG OF PLAT AGREEMENT entered into this day of 1998, between WCI CO~S, L.P., hereina.,'ter referred to as "Developer," and the BOARD OF COUNTY COMMISSIO~ OF COLLIER COUNTY, FLORIDA, hereinafter referred to as "Board." RECITALS: 1. Developer ha.s, simultaneously with the delivery of the Agreement, applied for the approval by the Board ora certain plat ora subdivision to be known as Pelican Marsh Unit 20. 2. Division 3.2 of the Collier County Land Development Code allows the Developer to construct the improvement Srequired by said subdivision regulations prior to recording the final plat. 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 Pelican Marsh Unit 20 within /~__.. months from the date of approval of said subdivision plat, said improvements hereinafter referred to aa 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 $ '~c~4 Lcl ,']3 which represents ten percent (10%) of the total contract cost to complete construction. Upon receipt of said subdivision performance security by the Development Services Director, the Developer may request the Board of County Commissioners to approve the subdivision plat for recording and grant preliminasy approval of said plat. 4. The required improvementS shall not be consid2red complete until a statement of vabstantial completion by Developer's engineer along with the final project recor, MAY 2 6 1998 furnished to be reviewed and approved by the Development Services Director for compli~ce with the Collier County Land Development Code. 5. The Development Services Director shall, within si~y (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. 6. The Developer shall maintain all required improvements for a minimum period of one (i) year al%r preliminary approval by the development Services Director. Atter the one (I) 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 ten percent (10%) 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 req,,ired improvements. The Board shall have the right to construct ~md maintain, or cause to be constructed and maintained, pursuant to public advertisements and receipt of acceptance of bids, the improvements required herein. The Developer, a.s 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 fa;lure of the Developer to fulfill all of lhe provisions of this Agreement. MAY 2 6 1998 Pg.-- ~ _ 8. All of tim t~rms, covenants and co,dition~ herein contained are and shall I~ binding upon the Developer and the respective successors and assigns ofthe Developer. IN WITNESS WFIEREOF, the Board and the Developer have caused this Agreement to be executed by their duly authorized representative this ~ day of ,1998. ATTEST: WiI~ess # 1~ ½ Signature . Witness #I -)Print Name Witness #2 - Print Name ATTEST: DWIGHT E. BROCK, CLERK WCI Communities, L.P. 24301 Walden Center Drive Bonita Springs, Florida 34134 Print Name Tit/7.t~. ~ 0' Board of County Commissioners of Collier County, Florida BY: Chairman Appr. oved as to lo.tm a.gd legal sufficiency: County Attorney MAY 2 6 1998 · -- E_XE SUMMARY RECOMMENDATION TO APPROVE MID-YEAR ADJUSTMENTS HAWKSRIDGE STORMWATER PUMPING STATION M.S.T.U. BUDGET 0zUND 154). TO OBJECTIVE: To obtain approval of Imaposed mid-year adj,,~:ments to Fund 154 to reflect revised e, stimates ofrevenuea and ~ for em'rent Fiscal Year 97/98. ~DERATIONS: During the prelnration of the FY 98/99 Budget, mid-year f~ of the cuxrent budget wer~ mad,: and minor adjustments made to r~cognize necessary changes in revenues and expenses due to ~n increase in the c~rry forwaxd amount from prior year and to increase fi,..nds available to operate the pumping s~tion. FISCAL IMPACT; Total mid-year adjustments in budget result in a net increase of $1,600 to Fund 154-172520 GROWTH MANAGEMENT IMPACT: None I~~ATION: It is recommended that the Bo~d , County Commissioners approve the mid-year adjustments to ttawksridge Stormwater ?umping Station M.S.T.U. Fund 154 and approve the appropriate budget amendment to implement the proposed adjustments. PREPARED BY: Stormwater Management Director Date REVIEWED BY:~ Ed Ilsctmer, Administrator Public Works Division Doc: EX-O04 Date EXECUTIVE SUMMARY AWARD A CONSTRUCTION CONTRACT TO COASTAL M~ CONSTRUCTION, INC., FOR KEPAIR3 TO THE BIG HORSE PASS AND CHOKOLOSKEE BKIDGES (BID NO. 98-2775) OBJECTIVE: To obtain Board of County Commissioners approval to award a construction contract for minor bridge repairs for two county-maintained bridges. CONSIDERATIONS: Approximately one year ago, aa a result of the biannual FDOT bridge inspection program, the Big Horse Pass and Chokolosk~ Bridges were found to be in need of repairs to the substructure pilings and superstructure deck and railings. These repairs are not considered major since the structural ratings of the bridges were not affected. The repairs were considered necessary by both FDOT and staff to assure that no further deterioration would occur that could cause a potential structural problem. Transpoaation Services Department staff had the county's bridge consultant, Kissinger Campo and Associates, Inc. (KCA) p,-epare repair plans and specifications so the work could be bid. The bids consisted of a Ba~e Bid for the piling repairs along with options for deck and other superstructure crack and spall repairs. The options were in place aa a method of maximizing the county's ability to perform the work within existing budget constraints. Bids were obtained on April 8, 1998. There were 49 inquires sent out and six bids received. KCA rendered an opinion and a recommendation on April 27, 1998. Based on the bids received and based on the evaluation of the bidders by KCA, staff is recommending that the Base Bid and both Option A and Option B be a~ arded to Coastal Marine Construction, Inc. in the amount of $220,28a.00. The Bid Tabulation Sheet is attached (Attachment No. 1) FISCAL IMPACT: Funds in the amount of $250,000 are available in: Road Cons~T'uction Gas Tax Fund, Bridg': Rehabilitation Project, Acct. No. 313-163673-631400-66066. It is anticipated that $220,288.00 will be needed for the construaion contractor and approximately $15,000.00 will be needed for the services during construction to be provided by KCA. The total anticipated project requirement is $235,288.00. GROWTH MANAGEMENT IMPACT: None AGF. NI~A ITf,,~ RECOMMENDATION: Thc Board award a construction contract to Coastal Marine Construction, Inc. and ~.uthorize the ~an to zign thc contract after r~view by the County Attorney's Office.~ ~/~ PREPARED BY: Ed~f/~/~~ ~ranspo~ DATE: ~'-IL-~ rtalJon Servicez Director Steven-~. ~¢~ Purch~mg Ag/mt REVIEWED Ed Ilschner, Public Works Administrator Attachments: No. 1 - Bid Tabulation Sheet 1998 HAY 2 15 HAY 2 6 1998 EXECUTIVE SUMMARY AWARD A CONTRACT FOR PROFESSIONAL ARCHITECTURAL AND ENGINEERING SERVICES FOR THE DESIGN OF TIlE NEW DOMESTIC ANIMAL SERVICES SHELTER LOCATED ON DAVIS BOULEVARD. RFP #9%2754, PRO,IEC'r # 80096. ~ ]'hat the Collier County Board of Commissioners approve the Selection Committee's recommendation for the #1 ranked architectural finn listed below, and the subsequent Professional Services Agreement that was negotiated for the design services for the new Domestic Animal Services Shelter. CONSIDERATIONS: The Board of County Commissioners on April 22, 1997, agenda item 8( C )3, discussed the option of selling or renovating the existing Domestic Animal Services Shelter located at the intersection of Orange Blossom Drive and Airport Pulling Road, or accepting two lots on Davis Boulevard that were conditionally offered for the "construction of animal control facilities". On August 5, 1997 agenda item 16( C ) 2, the Board of County Commissioners accepted the donation of these two (2) fee simple deeds containing the following deed restrictions: "1. Construction of animal control facilities on the above described premises must commence within two years and six months from the date of this deed. If construction of such facilities is not commenced within such period of time, the grantor retains the fight to re-enter the premises and terminate the fee simple ownership o f the grantee." (January 2000) "2. The construction of animal control facilities on the premises must be complcted within five years from the date of this deed. If construction of the animal control facilities is not completed within the aforesaid period of time, the grantor retains the right to re-enter the premises and terminate the fee simple ownership of the grantee." (J,:ly 2002) "3. The premises si:tall be used for animal control purposes after the facilities have been constructed for a period of at least five years after the date of i:he deed." In order to comply with the terms and deadlines contained in the conditional donation as accepted by the Board of County Commissioners, County Staff requested, and later received, approval on October 14, 1997 from the County Administrator for the formation of a five member selection committee to solicit Request for Proposals for the design of the Domestic Animal Services Shelter. HAY 2 6 1998 Executive Summary Animal Shelter Page 2 of 3 Inquiries were sent to 145 prospective vendors resulting in 30 requests for ,Cull specification packages and five (5) completed RFP's. The five responding vendors were then ranked by the Selection Committee and short listed to the top 3 finns as follows: 1. Bacon Group, Inc. 2. Harvard Jolly Clees Toppe Architects, P.A. 3. Harper Partners, Inc. Negotiations with the Bacon Group, Inc. have been successful and a Professional Services Agreement to provide architectural and engineering services has been signed by the consultant for $158,445.00. The Agreement has been reviewed and approved by the County Attorney's office for form and legal sufficiency and is now presented for final acceptance by the Board of County Commissioners and execution by the Board Chairman. I~5.~.,~dt,,~lSIPaM~ Funds in the amount of $158,445.00 are available in: Fund No. 301 (County Wide Capital Improvement) ! Cost Center No. 155zll 0 (Animal Control) ! Project No. 80096 (Domestic Animal Services Shelter) ~NAGEMENT IMPAq: None. There is no level of service impact for what is being proposed as Domestic Animal Services is not included within any element of the County's comprehensive plan. RECOMMENDATIOi~ That tl;e Board of County Commissioners · I. Approve the Selection Committee's recommendation that the Bacon Group, Inc. be awarded the design services for the new Domestic Animal Services Shelter under RFP #97-2754. 2. Approve the Professional Services Agreement between the Bacon Group, Inc. and the Board of County Commissioners for the amount of $158,445.00. 3. Authorize the Chairman to execute the Professional Services Agreement between Collier County and Bacon Group, Inc. Executive Summary Animal Shelter Page 3 of 3 PREPAIRED BY: REVIEWED BY:. REVIEWED BY: REVIEWED BY: 'l~b P~erce, Project Manager Office of Capital Projects Management Date: ~'/'2 ~/~ Richard Hellriegel, P.E., Interim Director Office of Capital Projects Management Domestic Xnimal Services Date: Steve C'~rn~ll, Director Purchasing Department Public Works Division - T~'{511ii'i'~ Admin][~r Public Services Division Date: HAY 2 6 1998 DOMESTIC ANIMAL SERVICES SHELTER PROFESSIONAL SERVICES AGREEMENT RFP #97-2754 THIS AGREEMENT is made and entered into this day of May, 1998, by and between the Board of County Commissioners for Collier County, Florida, a political subdivision of the State of Florida (hereinafter referred to as the 'County" or "OWNER") and Bacon Group, Inc. a Florida corporation, authorized to do business in the State of Florida, whose business address is 126 Third Avenue - Suite 102, Safety Harbor, FL 34695 (hereinafter referred to as the "CONSULTANT"). WITNESSETH: WHEREAS, the OWNER desires to obtain the professional architectural and engineering services of the CONSULTANT concerning cedain design services for the Domestic Animal Services Shelter (hereinafter referred to as tile "Project"), said services being more fully described in Schedule A, "Scope of Services", which is attached hereto and incorporated herein; and WHEREAS, the CONSULTANT has submitted a proposal for provision of those services; and WHEREAS, the CONSULTANT represents that it has expertise in the type of professional services that will be required for the Project. -1- HAY 2 6 1998 NOW, THEREFORE, in consideration of the mutual covenants and provisions contained herein, the parties hereto agree as follows: ARTICLE ONE CONSULTANT'S RESPONSIBILITY 1.1. CONSULTANT shall provide to OWNER professional architectural and engineering services in all phases of the Project to which this Agreement applies. 1.2. The Basic Services to be performed by CONSULTANT hereunder are set forth in the Scope of Services described in detail in Schedule A. The total compensation to be paid CONSULTANT by the OWNER for ail Basic Services is set forth in Article Five and Schedule B, "Basis of Compensation", which is attached hereto and incorporated herein. 1.3. The CONSULTANT agrees to obtain and maintain throughout the period of this Agreement all such licenses as are required to do business in the State of Florida and in Collier County, Florida, including, but not limited to, all licenses required by the respective state boards and other governmental agencies responsible for regulating and licensing the professional services to be provided and performed by the CONSULTANT pursuant to this Agreement. 1.4. The CONSULTANT agrees that, when the services to be provided hereunder relate to a professional service which, under Florida Statutes, requires a license, certificate of authorization or other form of legal entitlement to practice such services, it shall employ and/or retain only qualified personnel to provide such services to owner. -2o ~.~ MAY 2 6 1998 PG. ~ . CONSULTANT agrees to employ and designate, in writing, within five (5) calendar days after receiving its Notice to Proceed, a qualified licensed professional to serve as the CONSULTANT's project manager (hereinafter referred to as the "Project Manager"). The Project Manager shall be authorized and responsible to act on behalf of the CONSULTANT with respect to directing, coordinating and administering all aspects of the services to be provided and performed under this Agreement. Within five (5) calendar days from the Notice to Proceed issued by the OWNER to the CONSULTANT, the CONSULTANT shall deliver to the OWNER a wdtten statement, executed by the proper officers of the CONSULTANT, acknowledging that the Project Manager shall have full authority to bind and obligate the CONSULTANT on all matters adsing out of or relating to this Agreement. Th9 CONSULTANT agrees that the Project Manager shall devote whatever time is required to satisfactorily manage the services to be provided and drformed by the CONSULTANT hereunder. The person selected by the CONSULTANT serve as the Project Manager shall be subject to the prior approval and acceptance of the OWNE~. 1.6. CONSULTANT agrees, within fourteen (14) calendar days of receipt of a written request to do such from the OWNER, to promptly remove and replace the Project Manager, or any other personnel employed or retained by the CONSULTANT, or any subconsultants or subcontractors or any personnel of any such subconsultants or subcontractors engaged by the CONSULTANT to provide and perform services or work pursuant to the requirements of this Agreement, whom the OWNER shall request in writing to be removed, which request may be made by the OWNER with or without stating its cause to Consultant. AG~ N~A HAY 2 6 1998 1.7. The CONSULTANT has represented to the OWNER that it has expertise in the type of professional services that will be performed and pursuant to this Agreement. The CONSULTANT agrees that ali services to be provided by CONSULTANT pursuant to this Agreement shall be subject to the OWNER's review and approval and shall be in accordance with the generally accepted standards of professional pra~ice in the State of Florida, as well as in accordance with all published laws, statutes, ordinances, codes, rules, regulations and requirements of any governmental agencies which regulate or have jurisdiction over the Project or the services to be provided and performed by CONSULTANT hereunder. In the event of any conflicts in these requirements, the CONSULTANT shall notify the OWNER of such conflict and utilize its best professional judgment to advise OWNER regarding resolution of each such conflict. 1.8. CONSULTANT agrees not to divulge, furnish or make available to any third person, firm or organization, without OWNER's pdor written consent, or unless incident to the proper performance of the CONSULTANT's obligations hereunder, or in the coucse of judicial or legislative proceedings where such information has been propedy subpoenaed, any non-public information concerning the services to be rendered bY CONSULTANT hereunder, and CONSULTANT shall require all of its emPloyees, agents, subconsultants and subcontractors to comply with the provisions of this paragraph. 1.9. CONSULTANT agrees to certify all estimates of construction costs and Project completion dates prepared by the CONSULTANT. Said certifications shall be in a form approved by the OWNER. 10. Consultant asserts to Owner that all evaluations of the OWNER'S Project budget, preliminary estimates of construction cost and detailed estimates of construction cost prepared by the CONSULTANT represent the CONSULTANT'S best judgment as a design professional familiar with the construction industry. The CONSULTANT cannot and does not guarantee that bids or negotiated prices will not vary frcm any estimate of construction cost or evaluation prepared or agreed to by the CONSULTANT. Notwithstanding anything above to the contrary, CONSULTANT shall revise and modify Construction Documents and assist in the rebidding of the Work at no additional cost to OWNER, if all responsive and responsible bids exceed the estimates of construction costs prepared by CONSULTANT. 1.11. CONSULTANT shall not be responsible for means, methods, techniques, sequences or procedures of construction selected by contractors, nor for the safety precautions and Oograms incident to the work of contractors. ARTICLE TWO ADDITIONAL SERVICES OF CONSULTANT If authorized in writing by OWNER, CONSULTANT shall furnish or obtain from others Additional Services of the types listed in Article Two herein. These services will be paid for by OWNER as indicated in Article Five and Schedule B. The following services, if not otherwise specified in Schedule A as part of Basic Services, shall be Additional Services: -5- HAY 2 2.1. Preparation of applications and supporting documents (except those already to be furnished under this Agreement) for private or govemmental grants, loans, bond issues or advances in connection with the Project. 2.2. Services resulting from significant changes in the general scope, extent or character of the Project or its design including, but not limited to, changes in size, complexity, OWNER's schedule or character of construction; and revising previously accepted (by Owner) studies, reports, design documents or Contract Documents when such revisions are required by changes in laws, rules, regulations, ordinances, codes or orders enacted subsequent to and not reasonably anticipated prior to the preparation of such studies, reports or documents, or are due to any other causes beyond CONSULTANT's control. 2.3 Preparation and submission of information to and necessary consultations with the Collier County Transportation Department, Flodda Department of Environmental Protection, Florida Department of Transpodation, South Florida Water Management District, U.S. Army Corps of Engineers or other appropriate regulatory agencies, in order to obtain necessary permits or approvals for construction of the Project, unless the specific obligations regarding the specific permit are expressly included in Basic Services to be performed by CONSULTANT hereunder as set forth in the Schedule A-Scope of Services. 2.4 Providing renderings or models for OWNER's use. -6- I AY 2 6 1998 Investigations and studies involving detailed consideration of opera[ions, maintenance and overhead expenses; the preparation of feasibility studies, cash flow and economic evaluations, rate schedules and appraisals; and evaluating processes available for Iicensing and assisting OWNER in obtaining process licensing. 2.6. Furnishing services of independent professional associates and consultants for other than the contract services to be provided by CONSULTANT hereunder. 2.7. Services during out-of-town travel required of CONSULTANT and directed by OWNER, other than visits to the Project site or OWNER's office. 2.8. Assistance in connection with bid protests, rebidding or renegotiating contracts for construction, materials, equipment or services, except as otherwise expressly provided for ~,~reln. 2.9. Providing any type of property surveys, aerial photography or related engineering services needed for the transfer of interests in real property and field surveys for design purposes and engineering surveys and staking to enable contractors to proceed with their work and providing other special field surveys. 2.10. Preparation of operating, maintenance and staffing manuals, except as otherwise provided for herein. -7- MAY 2 6 1998 2.11. Preparing to serve or serving as a CONSULTANT or witness for OWNER in any litigation, or other legal or administrative proceeding, involving the Project (except for assistance in consultations which are included as part of the Basic Services to be provided herein). 2.12. Additional services rendered by CONSULTANTS in connection with the Project, not otherwise provided for in this Agreement or not customarily furnished in Collier County in accordance with generally accepted architectural and engineering practice. ARTICLE THREE OWNER'S RESPONSIBILITIES 3.1. The Owner shall designate in wdting a project coordinator to act as OWNER's representative with respect to the services to be rendered under this Agreement (hereinafter referred to as the "Project Coordinator"). The Project Coordinator shall have authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to CONSULTANT's services for the Project. However, the Project Coordinator is not authorized to issue any verbal or written orders or instructions to the CONSULTANT that would have the effect, or be interpreted to have the effect, of modifying or changing in any way whatever: ('a) The scope of services to be provided and performed by the CONSULTANT hereunder; (b) The time the CONSULTANT is obligated to commence and complete all such services; or -8- HAY 2 6 1998 \ , (c) The amount of compensation the OWNER is obligated or pay the CONSULTANT. 3.2. The Project Coordinator shall: committed to (a) Review and make appropriate recommendations on all requests submitted by the CONSULTANT for payment for services and work provided and performed in accordance with this Agreement; (b) Provide all criteda and information requested 'by CONSULTANT as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; (c) Upon request from CONSULTANT, assist CONSULTANT by placing at CONSULTANT's disposal all available information in the OWNER'S possession pertinent to the Project, including exisling drawings, specifications, shop drawings, product literature, previous reports and any other data relative to design or construction of the Project. (d) Arrange for access to and make all provisions for CONSULTANT tc enter the Project site to perform the services to be provided by CONSULTANT under this Agreement; and (e) Provide notice to CONSULTANT of any deficiencies or defects discovered by the OWNER with respect to the services to be rendered by CONSULTANT hereunder. -9- MAY 2 6 1998 J 3.3. CONSULTANT acknowledges that access to the Project Site, to be arranged by OWNER for CONSULTANT, may be provided during times that are not the normal business hours of the CONSULTANT. 3.4. OWNER shall be responsible for the acquisition of all easements, property sites, rights-of-way, or other property rights required for the Project and for the costs thereof, including the costs of any required land surveys in connection with such acquisition. ARTICLE FOUR TIME 4.1. Services to be rendered by CONSULTANT shall be commenced subsequent to the execution of this Agreement upon written Notice to Proceed from OWNER for all or any designated portion of the Project and shall be performed and completed in accordance with the Project Schedule attached hereto and made a part hereof as Schedule C. Time is of the essence with respect to the performance of this Agreement. 4.2. Should CONSULTANT be obstructed or delayed in the prosecution or completion of its services as a result of unforeseeable causes beyond the control of CONSULTANT, and not due to its own fault or neglect, including but not restricted to acts of God or of public enemy, acts of government or of the OWNER, fires, floods, epidemics, quarantine regulations, strikes or lock-outs, then CONSULTANT shall notify OWNER in writing within five (5) working days after commencement of such delay, stating the specific cause or causes thereof, -10- HAY 2 6 1998 be deemed to have Waived any right which CONSULTANT may have had to request a e extension for that specific delay. 4.3. No interruption, interference, inefficiency, suspension or delay in the commencement or progress of CONSULTANT's services from any cause whatsoever, including those for which OWNER may be responsible in whole or in part, shall relieve CONSULTANT of its duty to perform or give rise to any right to damages or additional compensation from OWNER. CONSULTANT's sole remedy against OWNER will be the right to seek an extension of time to its schedule. This paragraph shall expressly apply to claims for early completion, as well as claims based on late completion. Provided, however, if through no fault or neglect of the CONSULTANT, the services to be provided hereunder by Consultant have not been completed within twenty four (24) months of the date hereof, the CONSULTANT's compensation shall be equitably adjusted, with respect to those services O~t have not yet been performed, to reflect the incremental increase in costs experienced by CONSULTANT after expiration of said twenty-four (24) month period plus ali time ex-tensions granted by Owner to Consultant. 4.4 Should the CONSULTANT fail to commence, provide, perform or complete any of the services to be provided hereunder iF, a timely manne~, in addition to any other rights or remedies available to the OWNER hereunder, the OWNER at its sole discretion and option may withhold any and all payments due and owing to the CONSULTANT until such time as the CONSULTANT resumes performance of its obligations hereunder in such a that the manner so as to reasonably establish to the OWNER's satisfaction CONSULTANT's performance is or will shortly be back on schedule. -11- ARTICLE FIVE':. COMPENSATION 5.1. Compensation and the manner of payment of such compensation by the OWNER for services rendered hereunder by CONSULTANT shall be as prescribed in Schedule B, entitled ~asis of Compensation", which is attached hereto and made a part hereof. ARTICLE SIX OWNERSHIP OF DOCUMENTS 6.1. Upon completion or termination of this Agreement, all records, documents, tracings, plans, specifications, maps, evaluations, reports, computer assisted design or drafting disks and other technical data, prepared or developed by CONSULTANT under this Agreement shall be delivered to and become the property of OWNER. CONSULTANT, at its own expense, may retain copies for its files and internal use. OWNER agrees to indemnify and hold harmless CONSULTANT with respect to any claim, brought by any third party against Consultant, including loss or damage from the claims, including attorneys fees incurred by CONSULTANT, which claim arises out of OWNER's use of said records, documents, tracings, plans, specifications, maps, evaluations, repods, computer disks and other technical data on some other project unless such use is authorized by CONSULTANT. -12- .2. With respect to and in considerati0n'for the indemnification provided by OWNER in aragraphs 6.1. above, CONSULTANT has paid to OWNER $10.00, the sufficiency and receipt of which is acknowledged by Owner through the signing of this Agreement. ARTICLE SEVEN MAINTENANCE OF RECORDS 7.1. CONSULTANT will keep adequate records and supporting documentation which concern or reflect its services hereunder. The records and documentation will be retained by CONSULTANT for a minimum of five (5) years from (a) the date of termination of this Agreement or (b) the date the Project is completed, whichever is later. OWNER, or any duly authorized agents or representatives of OWNER, shall, free of charge, have the right to audit, inspect and copy all such records and documentation as often as they deem necessary during the period of this Agreement and dudng the five (5) year pedod noted bove; provided, however, such activity shall be conducted only during normal business hours. ARTICLE EIGHT INDEMNIFICATION 8.1. The CONSULTANT in consideration of $10.00, paid' by owner, the sufficiency and receipt of which is acknowledged through the signing of this Agreement, shall protect, defend, indemnify and hold OWNER and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees and all costs of litigation and judgments arising out of any willful misconduct or negligent act, error or omission of the CONSULTANT, its Subconsultants, Subcontractors, agents or employees, arising out of or incidental to the performance of -13- NAY 2 5 1998 this Agreement or work performed thereunder. The consideration exchanged and the provisions of this paragraph shall also pertain to any claims brought against the OWNER its officers, employees or agents by any employee of the named CONSULTANT, or any Subconsult. ant or Subcontractor, or anyone directly or indirectly employed by any of them. The CONSULTANT'S obligation under this paragraph shall not be limited in any way by the agreed upon contract price as shown in this Agreement or the CONSULTANT'S limit of, or lack of, insurance protection. 8.2. CONSULTANT acknowledges that the general conditions of any construction contract shall include language, satisfactory to the OWNER's a~orney, in which the contractor agrees to hold harmless and to defend OWNER, its agents and employees from all suits and actions, including attorney's fees, and all costs of litigation and judgments of any name and description adsing out of or incidental to the performance of the construction contract or work performed thereunder. ARTICLE NINE INSURANCE 9.1. CONSULTANT shall obtain and carry, at all times during its performance under the Contract Documents, insurance of the types and in the amounts set forth in SCHEDULE D to this Agreement. -14- ARTICLE TEN SERVICES BY CONSULTANT'S OWN STAFF 10.1. The services to be performed hereunder shall be performed by CONSULTANT's own staff, unless otherwise authorized in wdting by the OWNER. The employment of, contract with, or use of the services of any other person or firm by CONSULTANT, as independent consultant or otherwise, shall be subject to the prior written approval of the OWNER. No provision of this Agreement shall, however, be construed as constituting an agreement between the OWNER and any such other person or firm. Nor shall anything in this agreement be deemed to give any such party or any third party any claim or right of action against the OWNER beyond such as may then otherwise exist without regard to this Agreement. ARTICLE ELEVEN WAIVER OF CLAIMS O.1. CONSULTANT's acceptance of final payment shall constitute a full waiver of any and all claims, except for insurance company subrogation claims, by it against OWNER arising out of this Agreement or otherwise related to the Project, except those previously made in writing and identified by CONSULTANT as unsettled at the time of the final payment. Neither the acceptance of CONSULTANT's services nor payment by OWNER shall be deemed to be a waiver of any of OWNER's rights against CONSULTANT. -15- MAY 2 6 1998 ARTICLE TWELVE~' TERMINATION OR SUSPENSION 12.1. CONSULTANT shall be considered in material default of this Agreement and such default will be considered cause for OWNER to terminate this Agreement, in whole or in part, as further set forth in this section, for any of the following reasons: !a) failure to begin work under the Agreement within the times specified under the Notice(s) to Proceed, or (b) failure to propedy and timely perform the services to be provided hereunder or as directed by OWNER, or (c) the bankruptcy or insolvency or a general assignment for the benefit of creditors by CONSULTANT or by any of CONSULTANT's principals, officers or directors, or (d) failure to obey any law, ordinance, regulation or other code of conduct, or (e) failure to perform or abide by the terms or spirit of this Agreement, or (0 for any other just cause. The OWNER may so terminate this Agreement, in whole or in part, by giving the CONSULTANT seven (7) calendar days written notice of the material default. 12.2. If, after notice of termination of this Agreement as provided for in paragraph 12.1 above, it is determined for any reason that CONSULTANT was not in default, or that its default was excusab!e, or that OWNER otherwise was not entitled to the remedy against CONSULTANT provided for in paragraph 12.1, then the notice of termination given pursuant to paragraph 12.1 shall be deemed to be the notice of termination provided for in paragraph 12.3, below, and CONSULTAI',tT's remedies against OWNER shall be the same as and be limited to those afforded CONSULTANT under paragraph 12.3, below. -16- HAY 2 6 1998! c2.3. OWNER shall have the right to terminate this Agreement, in whole or in part, without ause upon seven (7) calendar days written notice to CONSULTANT. In the event of such termfnation for convenience, CONSULTANT's recovery against OWNER shall be limited to that portion of the fee earned through the date of termination, together with any retainage withheld and any costs reasonably incurred by CONSULTANT that are directly attributable to the termination, but CONSULTANT shall not be entitled to any other or further recovery against OWNER, including, but not limited to, anticipated fees or profits on work not required to be performed. Consultant must mitigate all such costs to the greatest extent reasonably possible. 12.4. Upon termination, the CONSULTANT shall deliver to the OWNER all original papers, records, documents, drawings, models, and other material set forth and described in this Agreement, including Paragraph 6.1. 12.5. The OWNER shall have the power to suspend all or any portions of the services to be provided by CONSULTANT hereunder upon giving CONSULTANT two (2) calendar days prior written notice of such suspension. If all or any portion of the services to be rendered hereunder are so suspended, the CONSULTANT's sole and exclusive remedy shall be to seek an extension of time to its schedule in accordance with the procedures set forth in Article Four herein. -17- NO..J..~(~~ MAY 2 ~ 1~ ARTICLE THIRTEEN' ' TRUTH IN NEGOTIATION REPRESENTATIONS 13.1. CONSULTANT warrants that CONSULTANT has not employed or retained any company or person, other than a bona fide employee working solely for CONSULTANT, to solicit or secure this Agreement and that CONSULTANT has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for CONSULTANT, any fee, commission, percentage, gift or any other consideration contingent upon or resulting from the award or making of this Agreement. 13.2. In accordance with provisions of Section 287.055, (5)(a), Florida Statutes, the CONSULTANT agrees to execute the required Truth-In-Negotiation Certificate, attached hereto and incorporated herein as Schedule E, stating that wage rates and other factual unit costs supporting the compensation are accurate, complete and current at the time of the Agreement. The CONSULTANT agrees that the odginal Agreement price and any additions thereto shall be adjusted to exclude any significant sums by which the OWNER determines the Agreement pdce was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. All such adjustments shall be made within one (1) year following the end of this Agreement. -18- ARTICLE FOURTEEN CONFLICT OF INTEREST I4.1. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. CONSULTANT further represents th2t no persons having any such interest shall be employed to perform those services. ARTICLE FIFTEEN MODIFICATION 15.1. No modification or change in this Agreement shall be valid or binding upon either party unless in writing and executed by the party or parties intended to be bound by it. ARTICLE SIXTEEN NOTICES AND ADDRESS OF RECORD O6.1. All notices required or made pursuant to this Agreement to be given by the CONSULTANT to the OWNER shall be in writing and shall be delivered by hand or by United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following OWNER's address of record: Board of County Commissioners, Collier County Flodda c/o Office of Capital Projects Management '3301 Tamiami Trail East Naple~, FI. 34112 Attention: Richard J. Helldegel, Interim Director -19- HAY 2 6 1998 ,.j 16.2. All notices required or made pursuant to this Agreement to be given by the OWNER to the CONSULTANT shall be made in wdting and shall be delivered by hand or by the United States Postal Service Department, first class mail service, postage prepaid, return receipt requested, addressed to the following CONSULTANT's address of record: Bacon Group, Inc. 126 Third Avenue North, Suite 102 Safety Harbor, FL 34695 Attention: Richard S. Bacon, AIA, President 16.3. Either part), may change its address of record by written notice to the other party given in accordance with requirements of this Article. ARTICLE SEVENTEEN MISCELLANEOUS 17.1. CONSULTANT, in representing OWNER, shall promote the best interest of OWNER and assume towards OWNER a duty of the highest trust, confidence, and fair dealing. 17.2. No modification, waiver, suspension or termination of the Agreement or of any terms thereof shall impair the rights or liabilities of either party. 17.3. This Agreement is not assignable, or otherwise transferable in whole or in part, by CONSULTANT without the pdor wdtten consent of OWNER. -20- NAY 2 6 1998 17.4. Waivers by either party of a breach of any provision of this Agreement shall not be ~oemed to be a waiver of any other breach and shall not be construed to be a modification of the terms of this Agreement. 17.5. The headings of the Articles, Schedules, Parts and Attachments as contained in this Agreement are for the purpose of convenience only and shall not be deemed to expand, limit or change the provisions in such Articles, Schedules, Parts and Attachments. 17.6. This Agreement, initially consisting of 58 continuously numbered pages including the referenced Schedules and Attachments hereto, constitutes the entire agreement between the parties hereto and shall supersede, replace and nullify any and all prior agreements or understandings, written or oral, relating to the matter set forth herein, and any such prior agreements or understanding shall have no force or effect whatever on this greement. ARTICLE EIGHTEEN APPLICABLE LAW 18.1. This Agreement shall be governed by the laws, rules, and regulations of the State of Florida, and by the laws, rules and regulations of the United States as made applicable to providing services funded by the United St~.tes government. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate Florida state court in Collier County, Fiodda. -21- HAY 2 I~ 15198 IN WITNESS WHEREOF, the parties hereto have executed this Professional ;-, .-, ¢ ;': ,. Services Agreement for the de'sign and p;C:rr;itti "Sf'the new Collier County Domestic Animal Services Shelter the day and year first wdtten above. ATTEST: Dwight E. Brock, Clerk By: Date: BOARD OF COUNTY COMMISSIONERS FOR COLLIER COUNTY, FLORIDA, A POLITICAL SUBDIVISION OF THE STATE OF FLORIDA By: Barbara B. Berry, Chairman Approved as to form and legal sufficiency: _ AsSistant County Attorney Bacon Group, Inc. 126 Third Avenue Nodh Suite 102 Safety/,~ H a(d;~r~ By: '(~~//~) pr~,¢ Richard CBacon, ~IA, Presiden (CORPORATE SEAL) Revised April 24, 1998 -22- SCHEDULE A SCOPE OF SERVICES Schedule A consists of the following component Parts: A.1. DESCRIPTION OF PROJECT Ao2. DESIGN REPORT A.3. PRELIMINARY DESIGN A.4. FINAL DESIGN A.5, A.6o CONSTRUCTION BID SERVICES CONSTRUCTION CONTRACT ADMINISTRATION A.7. DETAILED OBSERVATION OF CONSTRUCTION -23- HAY 2 ti 1998 A.1. DESCRIPTION OF PROJECT. A.1.1. The Bacon Group, inc. is to provide all architectural, engineering, structural, site development plans, permitting and landscaping designs required for a complete domestic animal services shelter project. All plans are to be in accordance with the latest Federal, State, and Local laws, codes, and ordinances. The approximate size of the structures are 15,000 square feet partly consisting of ar~ air- conditioned space for administration, cat cages, euthanasia area, food preparation area, and a non air-conditioned, but well ventilated, kennel area for approximately 100 dogs. The dog kennel areas shall be designed to be easily enclosed and sound proofed at a later date. A detached 4 stall horse barn is also included. Structures are to be of a utilitarian and functional design of average cost. A. 1.2. The Florida Game and Freshwater Fish Commission has determined that the Davis Boulevard site is a foraging area for the red-cockaded woodpecker. Special design considerations are required to minimize the construction impact to the surrounding areas. The footprint for all buildings, structures, parking lots and animal grazing areas must be permanently defined by the site development plan with relation to each existing pine tree and wetland before a permit will be issue.:l. If necessary, it is preferable to encroach slightly into the wetland area rather than removing a pine tree. Site plan dimensions may be determined by the use of detailed aedal photographs taken at a known scale and capable of showing individual trees. The construction footprint, drawn to the same scale as the photograph, may then be ovedaid on the photograph and visually adjusted in order to minimize environmental damage and to determine construction setback locations. -24- HAY 2 6 1998 A. 1.3. U.S. Army Corps of Engine?irs' ha~"~z:~ndu'~ed a 'jurisdictional determination {~!199705065) on the proposed domestic animal services site on Davis Boulevard. · Approximately half of 10 acre +/- site is considered as wetlands. A. 1.4. Public water and sewer is available to the site. Irrigation reuse water is not availabte. A. 1.5. The surface water management system will be reviewed and permitted by the South Fiodda Water Management District. A. 1.6. All permit applications including those listed in Article Two Paragraph 2.3 are included as basic services. The CONSULTANT shall pay for all NON-COUNTY permits at the time of application and will be reimbursed by the COUNTY. All COUNTY related ,rmEs will be paid for by an interdepartmental transfer of funds. A. 1.7. All geotechnical engineering services are to be included in the basic scope of services and are not additional fees. A.1.8. The Collier County Land Development Code has architectural design guidelines as defined in Division 2.8 of the CCLDC. °2.% HAY 2 15 1998 Ao2o DESIGN REPORT. A.2.1. Consult with OWNER to cladfy and define OWNER's requirements for the PRO,JECT and review available data. A.2.1.1. Arrange for a field trip to the OWNER'S present facility to observe the operations and procedures that are presently in place in order to determine any specific design requirements that are unique to Collier County. Discuss operations with the Director and Deputies to find out what their needs are and how to improve operations. A.2.1.2. Arrange a field trip with Collier County representatives to the Pinellas County animal control facilibl to view their operations and procedures and to get their comments regarding any problems or suggested design improvements to their operation. A.2.1.3. Determine the approximate construction cost differential to enclose and soundproof the kennel immediately, rather than at a later date as specified. A.2.1.4. Provide detailed aedal photographs and field survey to aid in determining preliminary design, construction setbacks and environmental permitting. -26- A.2.1.5. The OWNER will complete the lot line property adjustment required to combine two separate lots into one building lot in accordance with the Collier County Land Development Code. A.2.2. Advise OWNER as to the necessity of OWNER obtaining from CONSULTANT, Additional Services described in Article Two of this Agreement, such as, but not limited to probings, subsurface explorations, special permits, or other similar investigations. A.2.3. Prepare a Design Report containing schematic layouts, sketches and conceptual design criteda with appropriate exhibits to indicate clead¥ the considerations involved (including applicable requirements of all govemmentai authorities having jurisdiction over I~ and alternative designs available to OWNER and setting forth project), any CONSULTANT's findings and recommendations. The Design Report also shall contain CONSULTANT's professional evaluation of OWNER's Project budget. Said evaluation shall contain CONSULTANT'S initial professional opinions of probable total costs for the Project, including construction costs, contingencies, and allowances for charges of all professionals and consultants. The Design Report also'shall present CONSULTANT's recommendations as to how the construction contract(s) should be let out for bid. -27- HAY 2 5 1998 A.2.3.1. The OWNER'S budget is limited to $1,300,000.00 including construction costs and all consultant fees. A.2.4. Furnish five (5) copies of the Design Report,. schedule and conduct a meeting with OWNER to present the Design Report for OWNER's review and approval. A.3. PRELIMINARY DESIGN. A.3.1. Prepare in a format acceptable to OWNER, all preliminary Contract Documents, including but not limited to all designs, drawings, special conditions, general conditions, supplemental conditions, specifications and bid and Agreement forms, necessary for construction of the Project. A.3.2. Keep OWNER informed as to the status of the project design through no less than monthly meetings at the OWNER's offices. A.3.3. Upon completion and submission to OWNER of the preliminary design for Project, provide to OWNER five (5) copies of the preliminary Contract Documents and CONSULTANT'S professional preliminary opinions of probable total Project and construction costs for review and approval by OWNER. The improvements for which services are to be rendered under this Agreement shall include the Project as described in the description in paragraph A.1.1. of this Schedule A. -28- HAY 2 6 1998 1~.4. FINAL DESIGN. A.4.1. Provide OWNER with proposed final construction drawings and detailed opinions of probable total Project construction costs in writing for OWNER's review, prior to completion of the final Contract Documents, so that any changes that may be necessary in accordance with Project's budgetary schedule can be made pdor to bid. A.4.2. Upon OWNER's approval of detailed opinions of probable total Project and construction costs, provide to OWNER, for its review and approval, five (5) copies of final Contract Documents. A.5. CONSTRUCTION BID SERVICES. CONSULTANT shall assist in securing bids and: (a) provide interpretation and clarification of Contract Documents during bidding; (b) attend pre-bid meeting with prospective bidders; (c) attend the bid opening, and assist OWNER in evaluating bids or proposals and in assembling and awarding contracts for construction, materials, equipme~t and services; (d) assist OWNER in evaluating bidder's previous experience, if requested to do so; -29- HAY 2 6 1998 (e) (0 (g) (h) (i) prepare and issue', addenda as appropriate to Contract Documents; provide OWNER with a recommendation as to the acceptability of subcontractors, suppliers and other persons and organizations proposed by the bidders for those portions of the work as to which such acceptability is required by the Contract Documents; provide OWNER with recommendation concerning the acceptability of substitute materials and equipment proposed by bidder(s) when substitution prior to the award of contracts is allowed by the Contract Documents; and, make a recommendation of contract award. OWNER will supply copies of the bid documents and drawings to the bidders; CONSULTANT will supply one (1) complete repro- ducible set to the OWNER for this purpose. interpret or clarify. A.6. CONSTRUCTION CONTRACT ADMINISTRATION. A.6.1. Consult with the OWNER and contractors as reasonably required and necessary with regard to construction of the Project, including but' not limited to pre-construction conference and weekly coordination meeting with OWNER and contractor, reducing to monthly as the project may require. -30- HAY 2 6 1998 .6.2. Review materials and workm,~r~'sl~ip of th~ Project' ~n'd' rei~ort to OWNER any ~viafions from the Contract. Documents which may come to the CONSULTANT's attention; determine the acceptability of work and materials and make recommendation to OWNER to reject items not meeting the requirements of the Contract Documents. A.6.3. Recommend to the OWNER in writing that the work, or designated portions thereof, be stopped if. in CONSULTANT's judgment, such action is necessary to allow proper inspection, avoid irreparable damage to the work, or avoid subsequent rejection of work which could not be readily replaced or restored to an acceptable condition. Such stoppage to be only for a period reasonably necessary for the determination of whether or not the work will in fact comply with the requirements of the Contract Documents. A.6.4. Require that any work which is covered up without being propedy observed be O covered for examination and restored at contractor's expense if deemed appropriate by the CONSULTANT. A.6.5. Issue interpretations and clarifications of Contract Documents during construction, and evaluate requests for substitutions or deviations therefrom. A. 6.5.1. All requests from the CONTRACTOR shall be routed through the OWNER for CONSULTANT'S review and comments. Ail Change Orders shall be administered by the OWNER. -31- A.6.6. Review shop drawings, diagr~msi~ dlustrabon"~;"catalog'data, schedules and samples, the results of laboratory tests and inspections, and other data which contractors are required to submit for conformance with the design concept of the Project and compliance with the provisions of the Contract Documents. A.6.7. Review all required Project records, including but not limited to delivery schedules, inventories and construction reports. Based upon the Project records, as well as CONSULTANT's observations at the site and evaluations of the data reflected in contractor's application for payment, CONSULTANT shall render a recommendation to OWNER concerning the amount owed to the contractor(s) and shall forward the contractor's application for such amount to OWNER. Such approval of the application for payment shall constitute a representation by CONSULTANT to OWNER, based on observations and evaluations, that: [bi Ici the work has progressed to the point indicated; the work is in substantial accordance with the Contract Documents; and the contractor(s)is (are) entitled to payment in the recommended amount. -32- HAY 2 6 1998 A.6.8. Receive and review all items t,3' be del~vere~ bY'the c'or~tractor(s) pursuant to the OCxmtract Documents, including' but not limited to all maintenance and operating instructions, schedules, guarantees, warranties, bonds and certificates of inspection, tests and approvals. CONSULTANT sh~.ll transmit all such deliverables to OWNER with CONSULTANT's wdtten comment4 nr;d recommendations concerning their completeness under the Contract Documents. A.6.9. Support the OWNER'S effarts to negotiate with the contractor(s), the scope and cost of any necessary contract change orders, using as a basis for such negotiations data or other information emanating from the Contract Documents, including but not limited to the bid sheet, technical specifications, plans, shop drawings, matedal specifications, and proposed material and labor costs. At OWNER'S request, prepare, recommend and submit for OWNER'S approval such change orders under the owner's direction and Oguidance. Under no circumstances shall the CONSULTANT be authorized to make commitments on behalf of or legally bind the OWNER in any way to any terms or conditions pertaining to a prospective change order. A.6.10. Upon receiving notice from the OWNER advising CONSULTANT that the Project is substantially complete, CONSULTANT, shall schedule and, in conjunction with OWNER, conduct a comprehensive inspection of the Project, develop a punchlist of items needing completion or correction, forward said list to the contractor and provide written recommendations to OWNER concerning the acceptability of work done anti the use of the Project. For the purposes of this provision, substantial completion shall be deemed to be the stage in construction of the Project where the Project can be utilized for the purposes -33- HAY 2 IS 1998 for which it was intended, and where minor items need not be fully completed, but all items that affect the operational integrity and function of the Project are capable of continuous use and a Cedificate of Occupancy is issued. A.6.11. Perform final inspection in conjunction with OWNER, and assist OWNER in closing out construction contract, including but not limited to, providing recommendations concerning acceptance of Project and preparing all necessary documents, including but not limited to, lien waivers, contractor's final affidavit, close-out change orders, and final payment application. A.6.12. Prepare and submit to OWNER upon completion of construction of the Project, five (5) sets of record drawings and one (1) set of reproducible record drawing myiars of the work constructed, including those changes made during the construction process, using information supplied by the contractors and other data which can reasonably be verified by CQNSULTANT's personnel. A.6.13. Prepare and submit to OWNER upon completion of construction of Project a final report of variations from the construction Contract Documents, including reasons for the variations. A.7. DETAILED OBSERVATION OF CONSTRUCTION. A.7.01. Detailed observation of construction will be conducted by the OWNER. -34 - MAY 2 6 1998 j ...~A.7.02. The CONSULTANT shall cor~ct'periodiC' sire'visits 'at in'[ervals 'appropriate for ~his type of construction to observe the CONTRACTOR'S progress and general compliance with the approved plans and specifications. This generally can be coordinated with the weekly or monthly job meeting attended by the CONSULTANT. A.7.03. Additional inspections that are requested in writing by the OWNER shall be paid for in accordance with the "CONSULTANTS Estimate of Additional Services", Schedule B, Attachment C. Payment for all other inspections are included as basic services. END OF SCHEDULE A -35- S(~HEDuLE'Bi-:..~,'''' BASlS' OF,' CO'MPEN'SATI'O N B.I.'I. As consideration for providing Basic Services as set fodh herein in Parts A.2, A.3, A.4, A.5, A.6, and A.7 of Schedule A, OWNER agrees to pay, and CONSULTANT agrees to accept, the lump sum fees as shown on Attachment A entitled "Schedule Fees for Basic Services". B.1.2. Payment For Basic Services under Parts A.2, A.3, A.4, A.5, A.6 and A.7 of Schedule A shall be paid on a lump sum basis in accordance with set milestones as follows: (a) the A.2 milestone shall be the submittal to OWNER of the Design Report and CONSULTANT'S initial professional opinions of probable total Project and construction costs. (b) the A.3 milestone shall be the submittal to OWNER of the preliminary Contract Documents and CONSULTANT'S preliminary opinions of probable total Project and construction costs. (c) the A.4 milestone shall be the submittal to the OWNER of the final Contract Documents after OWNER'S approval of detailed opinions of probable total Project ar, d construction' costs. (d) the A.5 milestone shall be the award of bids by OWNER. (e) the A.6 milestone shall be the close, out of construction contract, final inspection and submittal of record drawings and final report of variations from the construction Contract Documents. -36- MAY 2 6 1998 The A.7 milestone ~;h~ll be'paid monthly as a percentage of the construction completed. [Paragraph B.1.3. is optional and may be used to accommodate the CONSULTANT'S cash flow needs.] B.1.3. Payment for Basic Services under Pads A.3, A.4 and A.6 of Schedule A shall be paid on a lump sum fee basis in equal monthly installments as follows: (a) payment for Basic Services under Part A.3 shall be paid monthly based upon the preliminary design time plus one month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.3. Preliminary Design). However, payments shall commence no sooner than thirty (30) days after submittal of the Design Report and shall occur no more often than monthly, except last payment due for the services provided under Pad A.3 (i.e. twice the previous monthly payments) shall not be made until submittal to OWNER of the preliminary Contract Documents under Part A.3. -37- MAY 2 1998 (b) (c) payment for Basic' Service's' ~]nder Part A.4 shall 'be paid monthly. based upon the final design time plus One month, the last payment to be twice the others (i.e. a 6-month design time will yield 6 monthly payments; the first 5 of which will be equal to one-seventh (1/7) the fee shown on Attachment A for Part A.4. Final Design). However, payments shall commence no sooner than thirty (30) days after approval and acceptance by OWNER of the Preliminary Contract Documents and shall occur no more often than monthly, except last payment due for the services provided under Part A.4. (i.e. twice the previous monthly payments) shall not be made until approval and acceptance by OWNER of the preliminary Contract Documents under Part A.4. payment for Basic Services under Part A.6 shall be paid on a monthly basis based upon the construction time plus three months, the last payment to be twice the others (i.e. a 7-month construction schedule will yield 10 monthly payments; the first 9 of which will be equal to one-eleventh (1111) the fee shown on Attachment A for Part A.6 Construction Contract Administration). However, payment shall commence no sooner than thirty (30) days after the Notice to Proceed to the contractor and shall occur no more often than monthly, except the last payment due for the services provided under Part A.6 (i.e. twice the previous monthly payments) shall not be made until the close-out of construction contract, final inspection and submittal of record -38- HAY 2 I998 drawings and final report of variations from the construction Contract Documents under Part A.6. Services in excess of the fee shown on Attachment A for Part A.6 Construction Contract Administration not due to delay caused by CONSULTANT shall be considered Additional Services. B.2.1. As consideration for providing Additional Services under Pad A.7 entitled "Detailed Observation of Construction" and for propedy approved Additional Services set forth in Article Two of this Agreement as estimated on Attachment C entitled "Consultant's Estimate of Additional Services", OWNER agrees to pay and CONSULTANT agrees to accept payment on a time and reimbursable cost basis. Payments for additional Part A,7 services and propedy approved Additional Services shall be made monthly on a time and t~rnbursable cost basis computed in accordance with either Attachment B entitled "Consultant's Employee Houdy Rate Schedule" for employees working under this Agreement or Attachment C entitled "Consultant's Estimate of Additional Services". Payment shall be made monthly on an as needed basis, not to exceed 40 hours per person per week. Payment for services performed by individuals beyond 40 hours per week or Saturdays, Sundays or holidays, sl'*all be increased by a factor of 1.5 applied to Attachment B provided such overtime work is approved by OWNER in advance whenever possible and not due to CONSULTANT'S own fault or neglect. -39- B.2.2. Reimbursable costs shall ~ean the ;' a~;[ual expenditures made by the CONSULTANT while providing Additional Services under Part A.7 or Additional Services, in the interest of the Project, listed in the following sub-paragraphs: (a) expenses for transpodation and subsistence incidental to out--of-town travel required by CONSULTANT and directed by OWNER, other than visits to the Project Site or OWNER's office; (b) expenses for preparation, reproduction, photographic production techniques, postage and handling of drawings, specifications, bidding documents and similar Project-related items in addition to those otherwise required in Pads A.2, A.3, A.4, A.5, A.6 and A.7 of Basic Services; (c) when authorized in advance by OWNER, except as specifically otherwise provided herein, the expense of overtime work requiring higher than regular rates; and (d) expenses for renderings, models and mock-ups requested by OWNER. B.2.3. By way of example and not limitation, reimbursable costs shall specifically not include expenditures, except as otherwise described in paragraph B.2.2, such as: I A¥ 2 6 1995 (a) (b) expenses for transpodabon and subsistence; · overhead, including field office facilities; ovedime not authorized by OWNER; or expenses for copies, reproductions, postage, delivery, and long distance communications. handling, express B.3.1. In no case shall the lump sum figures on Attachment A be exceeded without a change in the scope of the proje~ being approved by the Board of County Commissioners for Collier County F~odda. B.3.2. Additional detailed Construction Observation work performed under Part A.7. and Additional Services, shall be paid as substantiated to the limits shown in Attachment C, but not to exceed the sum of those figures without execution of an appropriate Agreement O~ndment. B.3.3. Payments will be made for services rendered, no more than on a monthly basis, within thirty (30) days of submittal of an approvable invoice. The number of the purchase order by which authority the services have been made, shall appear on all invoices. All invoices shall be reasonably substantiated, identify the services rendered and must be submitted in triplicate in a form and manner required by OWNER. HA'/2 6 1998 ...-. t4dr ,,. B.3.4. CONSULTANT acknovdedge~ that'Attachment:A:.' SC'h'edule of Fees for Basic . Services, Attachment B - Consultant's Employee Hourly Rate Schedule, and Attachment C - Consultant's Estimate of Additional Services, each attached to this Schedule B are incorporated herein and, will be the basis for OWNER's budgeting, authorizing and monitoring of expenditures under this Agreement. B.3.5. As compensation for coordinating additional subconsultant activities for OWNER, CONSULTANT shall be allowed an administrative fee not to exceed ten percent (10%) of the actual cost of services rendered under Part A.7 and Additional Services. For the purposes of this provision the actual cost of services rendered shall not include any mark-up between the vendor who actually performed the services and any sub-consultant. No administrative fee or mark.up shall be paid in conjunction with the provision of Basic Services as set forth in Parts A.2, A.3, A.4, A.5, A.6 and A.7 of Schedule A. END OF SCHEDULE B. -42- SCHEDULE B - ATTACHMENT A SCHEDULE FEES FOR BASIC SERVICES # Name Bacon Alliance Tilden Hole Siebcin Gcotcch Subtotals Group Inc. Design Lobnitz Montes & Assoc's Group Cooper Assoc. A2' Design Report 3,250 650 2,500 8,100 7,000 ~ S21,500 A3 Preliminary 16,245 i 700 5,200 6,400 5,000 3,500 37,045 Design I A4 Final Design 24,855 I 4,385 9,600 25,500 6,000 70,340 'AS I Const Bid Service 2,750 I 500 1,250 1,000 5,500 A6 Const Admin. 5,500 i 1,000 2,500 3,500 12,500 A7 Const Obse~'ation 5,500 ! 1,000 2,560 2,500 11,560 I TOTA~LS: 58,100 I 8,235 23,610 47,000 I 18,000 3,500 5;158,445 -43 - SCHEDULE B ' ATTACHMENT B ( FOR ADDITIONAL WORK OTHER THAN BASIC SERVICES ) CONSULTANT EM?LOYEE HOURLY RATE SCHEDULE # Employee Title Bacon Alliance Tilden Hole Siebein Geotech Other Group Inc. Design Lobnitz Montes Associate Group Cooper 84 Assoc. I I Principal of Company ] 110 75 130 130 135 85 2 ! Project Manager ] 85 95 95 110 3 I S~ior Arch/En~ I 65 I 95 75 - a i Archi'e=' nr.=er 6 { Technician } 45 35 53 35 40 7 J Senior Secretary I ..... 35 j 25 8 } Secre:ary I { 251 30 40 9 [ Const. Field Rep. [ 801 75 i 60 12 { Blue Line Prims I 0.17/sf I 0.17/sf ! 13 {Copies I 0.25/ca i4 Bonfl/~ellum Pnnts 15 [ Mylars 16 Vehicle Travel/Mile I l'xl direct[ .30/m t .30/m .30/m .30/m ,7 i Other: I i ! 18 I Tele/Fax I lxl direct i 19 I Meals I lxl direct l 20 I 'os= e/Cou er, 21 [ Additional Plotting -44- __~ Description Total Additional Construction Observation~ (/day) Sec//5 ttu'ough ~2 Architectural R.~mde'riag 2,750 4 p¢~wdtting for Incinerator 4,000 5 Bacon Group Field Observation/Day/Person 685/day/per~n ' 6 Alliance Field Observation/Day/Person 250/day/per~on 7 TLC Field Observation/Day/Person 320/day/peraon 8 H.M&A Field Observatioa/Day/Peman 200/day/per"~n 9 Sieben Field Obscrx'ation2Tlay/Per~on 1.200/day/person 10 Field Testing Dta"ing Co~truclion I 2,600 BASIS OF COMPENSATION ~ Description Amount From Lump Optional Monthly Monthly Schedule B Sum Monthly Payment (B.2.1) Attachment A Paymen Payment D (B.I.1) t (B.1.3) Complete (B.1.2) A2 Design Report ' S21,500.00 Yes No No No_._ A3 Preliminary Design S37,045.00 Yes Yes No No A4 Final Design , S70,340.00 Yes Yes No No A5 Construction Bid Sen'ices i 55,500.00 Yes No No No A6 Const. Contract Administration [ $12,500.00 Yes Yes No No A7 Detailed Const. Obse~'ation I '$11,560.00 No No : Yes No Additional Sen'ices I Atlactm!ent B or C No No No ] Yes I -45- HAY 2 G 1998 I -46- HAY 2 6 1998 .. scHEDuL~ O?~*i~::':. INSURANCE COVERAGE (1) The amounts and types of insurance coverage shall conform to the following minimum requirements with the use of Insurance Services Office (ISO) forms and endorsements or their equivalents. (2) The insurance required by this Agreement shall be written for not less than the limits specified herein or required by law, whichever is greater. (3) Coverages shall be maintained without interruption from the date of commencement of the work until the date of completion and acceptance of the Project by the Owner or as specified in this Agreement. whichever is longer. O (4) Certificates of insurance (3 copies) acceptable to the Owner shall be filed with the Owner within ten (10) calendar days after Notice of Award is received by ContractodConsultant/Professional. Such certificates shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the Owner. (5) All insurance coverages of the Contractor/Consultant/Professional shall be primary to any insurance or self insurance program carded by the Owner applicable to this Project. HAY 2 $1991i J The acceptance by Owner of any C'ertifica{~ of Insuran~.e does not constitute approval or agreement by the Owner that the insurance requirements have been satisfied or that the insurance policy shown on the Certificate of Insurance is in compliance with the requirements of this Agreement. (7) Contractor/Consultant/Professional shall require each of its subcontractors to procure and maintain, until the completion of the subcontractor's work, insurance of the types and to the limits specified in this Section unless such insurance requirements for the subcontractor are expressly waived in wdting by the Owner. (8) Should at any time the ContractodConsultanVProfessional not maintain the insurance coverages required herein, the Owner may terminate the Agreement or at its sole discretion shall be authorized to purchase such coverages and charge the Contractor for such coverages purchased. The Owner shall be under no obligation to purchase such insurance, nor shall it be responsible for the coverages purchased or the insurance company or companies used. The decision of the Owner to purchase such insurance coverages shall in no way be construed to be a waiver of any of its rights under the Contract Documents. (9) If the initial, or any subsequ~r~tly issu'ed CertifiCate of Insurance expires pr[or to ehe completion of the Work or termination of the Agreement, tho Contractor / Consultant / Professional shall fumish to the County, in triplicate, renewal or replacement Certificate(s) of Insurance not later than thirty (30) calendar days prior to the date of their expiration. Failure of the Contractor to provide the County with such renewal cedificate(s) shall be considered justification for the County to terminate the Agreement. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY Required by this Agreement? (check one) __X_ Yes No (1) Workers' Compensation and Employers' Liability Insurance shall be maintained by the Contractor/Consultant/ Professional during the term of this Agreement for all Omployees engaged in the work under this Agreement in accordance with the laws O[ the State of Flodda. The amounts of such insurance shall not be less than: a. Worker's Compensation - Florida Statutory Requirements b. Employers' Liability (check one) $100,000 Each Accider, t $500,000 Disease Aggregate $100,000 Disease Each Employee X $1,000,000 Each Accident $1 ,O00,000 Disease Aggregate $1,000,000 Disease Each Employee HAY 2 6 1998 (2) The insurance company shali waive its Rights'of Subrogabon against the Owner and the policy shall be so endorsed. (3) United States Longshoreman's and Harborworker's Act coverage shall be maintained where applicable to the completion of the work. (check one) ,.Applicable __X_Not Applicable (4) Maritime Coverage (Jones Act) shall be maintained where applicable to the completion of the work. (check one) Applicable __X_ Not Applicable COMMERCIAL GENERAL LIABILITY Required by this Agreement? (check one) __X_ Yes No (1) Commercial General Liability Insurance shall be maintained by the Contractor/Consultant/Professional. Coverage will include, but not be limited to, Bodily Injury, Property Damage, Personal Injury, Contractual Liability for this Agreement, Independent Contractors, Broad Form Property Damage including Completed Operations and Products and Completed Operations Coverage. Products and Completed Operations coverage shall be maintained for a period of not less than five (5) years following the completion and acceptance by the Owner of the work under this Agreement. Limits of Liability shall not be less than the following: (check one) -50- General Aggregate ~' : *::':'¢, :;:': $300,000;?:::.'' Products/Completed Operations Aggregate · $300,000' Personal and Advertising Injury $300,000 Each Occurrence $300,000 Fire Damage $ 50,000 General Aggregate Products/Completed Operations Aggregate Personal and Advedising Injury Each Occurrence Fire Damage $500,000 $5OO,OOO $50O,OOO SS00,000 $ 50,000 X _ m General Aggregate Products/Completed Operations Aggregate Personal and Advertising Injury Each Occurrence Fire Damage $1,000,000 $1,000,000 $1,000,000 $1,000,000 $ 50,000 (2) The General Aggregate Limit shall apply separately to this Project and the (~policy shall be endorsed using the following endorsement wording. "This endorsement modifies insurance provided under the following: Commercial General Liability Coverage Part. The General Aggregate Limit under LIMITS OF INSURANCE applies separately to each of your projects away from premises owned by or rented to you." (3) If the General Liability insurance required herein is issued or renewed on a "claims made" basis, as opposed to the "occurrence" form, the retroactive date for coverage shall be no later than the commencement date of the Project and shall provide that in the event of cancellation or non-renewal the Extended Reporting Period (Discovery Pedod) for claims shall be no less than three (3) years. -51- HAY 2 6 1998 (4) The Owner shall be named as an'Additional Insured and the policy shall be · endorsed that such coverage shall be pdmary to any similar coverage carried by the Owner. (5) Coverage shall be included for explosion, collapse or underground property damage claims. (6) Watercraft Liability coverage shall be carried at the limits shown above if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable (7) Aircraft Liability coverage shall be carried at limits of $2,000,000 each occurrence if applicable to the completion of the work under this Agreement. (check one) Applicable X Not Applicable PROPERTY INSURANCE - BUILDERS RISK (1) Property Insurance - Builders R:sk coverage shall be carded by the Owner if applicable. (check one) Applicable X Not Applicable -52- NAY 2 G 1998 __ (2) The Owner shall purchase and maintain in a company or companies lawfully authorized to do business in the State of Flodda and in Collier County, property insurance in the amount of the initial Contract Sum as well as subsequent modifications thereto for the entire Work at the site on a replacement cost basis without voluntary deductibles. Such property insurance shall be maintained, unless otherwise provided in the Contract Documents or otherwise agreed in writing by all persons and entities who are beneficiaries of such insurance, until final payment has been made or until no person or entity other than the Owner has an insurable interest in the property required to be covered, whichever is eadier. This insurance shall include interests of the Owner, the Contractor, Subcontractors, Sub-subcontractors and Material Suppliers in the Work. (3) Property insurance shall be on an all-risk policy form and shall insure against the perils of fire and extended coverage and physical loss or damage including, without duplication of coverage, theft, wind and hail, vandalism, malicious mischief, collapse, falsework, temporary buildings and debris removal including demolition occasioned by enforcement of any applicable legal requirements, and, at the Owner's option, shall cover reasonable compensation for Professional's services and expenses required as a result of such insured loss. At the Owner's optior., flood insurance will also be purchased. -53- (4) The property insurance provided by the Owner requires minimum deductibles . and the Contractor shall pay costs not covered by' the deductibles. The responsibility of the Contractor for any deductible associated with the all-dsk policy described above shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. The responsibility of the Contractor for any deductible associated with the flood insurance identified herein, if purchased by the Owner, shall be limited to a maximum of $1,000 for each occurrence unless higher deductibles are identified in Exhibit C of the Contract Documents. (5) This property insurance shall cover portions of the Work stored off the site after writl, en approval of the Owner at the value established in the approval, and also portions of the Work in transit. (6) Boiler and Machinery Insurance. The Owner shall have the option of purchasing and maintaining boiler and machinery insurance required by the Contract Documents or by law, which shall specifically cover such insured objects during installation and until final acceptance by the Owner. If purchased this insurance shall include interests of the Owner, Contractor, Subcontractors and Sub-subcontrators in the Work. (7) Waivers of Subrogation. The Owner and Contractor waive all rights against (1) each other and any of their subcontractors, sub-subcontractors, agents and employees, each of the other, and (2) the Professional, Professional's consultants, for damages caused by fire or other pedls to the extent covered by property insurance obtained pursuant to this or other property -54- HAY 2 6 ]995 applicable to the Work, ex(Jept such ri~h't~ ';s'they'have to proceeds of such held by the Owner as fiduciary. The policies shall provide waivers of subrogation by endorsement or otherwise. (8) A loss insured under Owner's property insurance shall be adjusted by the Owner as fiduciary and made payable to the Owner as fiduciary for the insureds, as their interests may appear. (9) If Builders Risk coverage is applicable the Contractor shall be responsible for the following maximum deductibles per occurrence per paragraph (3) above. (check one) All Risk Policy - $1,000 maximum deductible All Risk Policy - Maximum deductible of S Flood Policy - $1,000 maximum deductible Flood Policy - Maximum deductible of S AUTOMOBILE LIABILITY INSURANCE Required by this Agreement? (check one) :'( Yes No (1) Automobile Liability Insurance shall be maintained by the Contractor / Consultant / Professional for the ownership, maintenance or use of any owned, non-owned or hired vehicle with limits of not less than: (check one) HAY 2 6 1998 '%,,, X _ __ Bodily Injury & Property Damage - $ 500,000 ~ Bodily Injury & Property Damage - $1,000,000 (2) The Owner shall be named as an Additional Insured under the policy. UMBRELLA LIABILITY (1) Umbrella Liability may be maintained as part of the liability insurance of the ContractodConsultantJProfessional and, if so, such policy shall be excess of the Employers' Liability, Commercial General Liability and Automobile Liability coverages required herein and shall include all coverages on a "following form" basis. (2) The policy shall contain wording to the effect that, in the event of the exhaustion of any underlying limit due to the payment of claims, the Umbrella policy will "drop down" to apply as primary insurance. (3) The General Aggregate limit, if applicable, shall apply separately to this project and the policy shall be so endorsed. PROFESSIONAL LIABILITY INSURANCE Required by this Agreement? (check one)_X__ Yes ~ No -56- MAY 2 6 1998 OC(1) Professional Liability Insurance' shall be maintained by the onsultant/Professional to insure its legal liability for claims arising out of the performance of professional services under this Agreement. Such insurance shall have limits of not less than: (CHECK ONE) X .. $ 500,000 each claim and in the aggregate _ __ $1,000,000 each claim and in the aggregate $2,000,000 each claim and in the aggregate $ each claim and in the aggregate (2) Any deductible applicable to any claim shall be the sole responsibility of the Consultant/Professional and shall not be greater than $50,000 each claim. (3) The Consultant/Professional shall continue this coverage for this Project for a Qeriod of not less than five (5) years following completion and acceptance of the Project by the Owner. END OF SCHEDULE D. -57- flAY 2 lgg8 , ' ' ' · . .' ""~MP~IE~ AFFORDING COVERAGE '.'~ aS~:¢'Pault Fire' & 'Marine .0; Box 22668 ampa, FL 33622-2668 Bacon Group, Inc. 126 Third Avenue North, Suite Safety Harbor, FL 34695 COM,eAN'~ SAmerican Zurich 102 CSecurity Ins, of COMPAN~ D Ins. Co. Hartford THo"ts To ~:-~'¢Y ;'mAT T~E PO(-r=rES OF e;su~:~ ~ B~ ~ S~ =SUED TO THE ~SUP~D ~EO~ FORTHE~P~DO ANYAUT3 20432~0! ~ I O~Efl ~rofessional ~iabili:y PL0090~90! ,000 I :0T~'!RTHANAUTOON!,.Y: I '' 09/01/97 o9/ol/9S 02/21/9~ 02/21/99 : ! AC)'( O:.'"URR! ~CE i I STATUT31~.. T LIMITS l DISEASE.~'. ICY LIMIT $1,000,000 each claim $1,000,000 aggregate ~S wrl:~ o~ a cia,ms maQ- oasis ana rep Collier County Board of County Commissioners Naples, FL 33962 SHOULD AN~' OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE F.X~IRAI'ION DATE ~E~EOF, ~E ISSUING COMPA~ WILL E NDEA~ T0 MAIL _~ ~ DAYS WReN NO~C/TO ~E CER~ICA~ HOLDER NAMED TO ~E ~, a~ F~ TO ~L SUCH ND~CE ~ t~ NO O a UOA~O~ OM ~ al~ OF A~ KIND U~N ~ COMPAHY~ ~S ,~']~S Oq RE~ESE~A~ ~,~1~ 0 RE~E~A~ SCHEDULE E TRUTH IN NEGOTIATION CERTIFICATE In compliance with the Consultants' Competitive Negotiation Act, Section 287.055, Fiodda Statutes, Bacon Group, Inc. hereby certifies that wages, rates and other factual unit costs supporting the compensation for the professional architectural and engineering services of the CONSULTANT to be provided under the Professional Services Agreement, concerning the Domestic Animal Services Shelter are accurate, complete and current as of the time of contracting. Bacon Group, Inc. BY: ~~/~/,.L~ l°,'~,Sr,~ ~ j / Richard S. Bacon, AIA. President Revised: JUNE 3, 1997 AC ~e.contrael4Domestic Animal Se~,ices Shelter -58- HAY261998 J EXECLrrlVE SUMMARY RECOMMENDATION TO APPROVE MID-YEAR ADJUSTMENTS TO VICTORIA PARK DR.M-NAGE M.S.T.U. BUDGET (FUND 134). OBJECTIVE: To obtain approval of proposed mid-ye, az Mjustments to Fund 134 to reflect revised estimates of revenues and expenses for current Fiscal Year 97/98. CONS _IDERATIONSL During the preparation of the FY 98/99 Budget, mid-year forecasts of the c~rrent budget were made and minor adjustments made to recognize necessary changes ia revenues and expenses due to an increase in thc carry fonvard amount from prior year and to increase funds available to operate the pumping station. FISCAL IMPACT; Total mid-year adjustments in budget result in a net increase of $ 3,400 to Fund 134-172530 GROWTH MANAGEMENT IMPACT; None RECOMMENDATIOn; It is recommended that the Board of County Commissioners approve the mid-year adjustments to Victoria Park Drainage M.S.T.U. Fund 134 and approve the appropriate budget amendment to implement the l'roposed adjustments. PREPARED BY: REVIEWED BY: Doc: EX-005 John/j-I. Boldt, P.E., P.S.M. Stormwater Management Director Ed Ilsckner, Administrator Public Works Division 5/14/98 Date / Date MAY 2 6 1998 ,,. EXECUTIVE SUMMARY RECONYME~A~ON TO APPROVE IV[ID-YEAR ADJUSTMENTS TO PINE RIDGE INDUSTRIAL PARK M.S.T.U. BUDGET (FUND 140). OBJECTIVE: To obtain approval of proposed mid-year ~justments to Fund 140 to reflect revised ~mates of revenues and eXlmaSes for current Fiscal Year 97/98. CONSIDERATIONS: During the preparation of t~:e FY 98/99 Budget, mid-year forecas~ of the current budget were made and minor adjustments made to recognize neceasary changes in revenues and expensea to incre.ase in the carry forward amount fi.om prior year and to increase funds available to maintain the drainage system. FISCAL IMPACT: Total mid-year adj~tments in budget result in a net increase of $1,200 to Fund 140-112550 ~ROWTH MANAGEMENT IMPACT; None I?.ECOMMENDATION; It is recommended that the Board of County Commissioners approve the mid-year adjustments to Pine Ridge Indt~riM Park M.S.T.U. Fund 140 and approve the appropriate budget amendment to implement the proposed adjustments. PREPARED BY: REVIEWED BY:,~ ~0h~/H. Boldt, P.E., P.S.M. Stormwater Management Director Ed Ilschner, Administrator Public Works Administrator Date Date Doc: EX-O06 HAY 2 6 1998 EXECU~ SUMMARY RECObtMENDATION TO APPROVE MID-YEAR ADJUSTMENTS TO WATER MANAGEMENT CIP BUDGET (FUND 325) OB,IECTIVEi To obtain approval of proposed mid-year adjustments to Fund 325 to reflect revised estimates of revenues and exix-nses for current Fiscal Year 97/98. CONSIBERATIONS;~ During the preparation of the FY 98/99 Budget, mid-year forecasts of the current budget were evaluated and adjustments made to recognize recent changes in revenues and forecasted expenses based on the first 5 months experience. The most significant changes involve: I) ~) 3) 7) 8) 9) 1o) Recognize $45,300 reimbursement received from FEMA from Hurricane Andrew Hazard Mitigation Program for culvert replacements in Naples Park and Lely Canal. Decrease revenues by $121,300 due to less carry forward from prior year than previously projected. Recognize additional forecast of $45,000 interest earned on unexpended funds based on first 5 months exper/ence for Fund 325. Eliminate $13,100 from SR-29 Culvert Replacement Project because Staff was unable to obtain cooperation from property owner of last culvert to be replaced. Project deferred indefinitely. Reduce proposed revenue to be received from Big Cypress Basin/SFWMD by $16.700 in accordance with Cooperative Agreement signed on 1/29/98. Increase funds available for supervision of construction of Imperial West/ FPL Ditch Enclosure Project by 515,000 due to unanticipated complexities encountered in pipe laying operatkn. Decrease construction funds available for the Lely Canal Project by $56,000 to offset additional expense of $37,300 for supplemental survey information and $10,000 for ocher miscellaneous expenses (Net decrease of 58,700) Defer $75,000 in funds budgeted for Lake Kelly Ditch and Structure Replacement Project due to delays encountered in obtaining consensus on proposed route around Sugden Park. Increase funds available for Kirkwood Avenue Extension Storm Drain Project due to cost of securing easements and increase to engineers estimate to install new pipe and special water quality structures. Increase funds allocated for Sperling Court Storm Drain caused by decision made when securing easements to utilize new route that requires that the project be re-designed. Executive Summary "Mid-year Fund 325" Page 2 FISCAL IMPACT: Total mid-year adjtatment$ in budget remit in anticipated revenue increases of $93,300 and decreases of ($138,000) and pl~tmed expenditm'~ increase~ of $59,100 md decreaaea of ($103,800) for I net decre~¢ of ($44,700) to the Water Matmgement Capital Fund (325). GROWTlt MANAGEMENT IMPACT. None RECOM'MENDATION: That the Beard of County Commissioners approve the rrdd-year adju~nent~ to Water Management Capital Improvement Fund 325, md authorize ataff to process the appropriate budget amendment to implemmt the propo$~ adju~nents. PREPARED BY: REVIEWED BY: Jol~ H. Boldt, P.E., P.S.M. Stormwater Management Director 5/14/98 Date Ed Ilachner, - Public Works Adminiatrator AGF. NDA ITEM HAY 26 1998 EXECUTIVE SUMlVlARY APPROVE BUDGET AMENDMENTS RECOGNIZING CARRY FORWARD AMOUNTS FROM FY 1997 WATER & WASTEWATER CAPITAL PROJECTS IN FUNDS 411,412, 413, &414 ~: To obiain BCC approval of budget amendments friar will allow unexpended funds budgeted for Water & Wastewater projects to be carried forward and re-appropriated in the FY 1998 budget. CON$IDERATIO]N~: Funds were appropriated in FY 1997 for multiple Water & Wastewater projects. Staff was unable to encumber all the appropriated funds before the end of the fiscal yea-. These funds are still required to complete the approved projects. FISCAL IMPACT: These unencumbered funds were anticipated for carry forward in the preparation of the FY 1997 Water & Wastewater budget. Fu~'p ~ ~ TOr,4~ 411 $ 996,787 $ 623,813 $1,620,600 412 $ 721,898 $2,384,702 $3,106,600 413 $ 8,748 $3,547,052 $3,555,800 414 $ !,374,399 $ (64,599) $1,309,800 Additional Funding Requested: Project 70017 - Water Plant Improvements $500 - OCPM Fees Project 70020 - WTP Odor Control - $120,000 - Odor survey/modeling, Legal Fees, OCPM Fees Project 70036 - SCRWTF Maintenance Building GROWTH MANAGEMENT IMPACT: None RECOMMENDATIONS: That the BCC approve/authorize the necessaD, budget amendments to carry forward FY 1997 unexpended funds into FY 1991~or Funds 41 I, 412,413, & 414. PREPARED BY: Shat/°n Newman' Accounting 'l:echnician Office of Capital Projects Management 1998 DATE: DATE: REVIEWED BY: Tim Clemons, Wart~'at~ Dh'ector Public Works Public Works Division cc: Karl Boyer, Set, or Project Manager OCPM DATE: DATE: EXECUTIVE SUMMARY APPROVAL OF A BUDGET AMENDMENT TO FUND A FEASIBILITY REPORT ON A COUNTY GEOGRAPHIC INFORMATION SYSTEM ~: TMt the Board of County Commi~, Ex-Officio the governing Board of the Collier Courtly Water-Sewer District, aplxove a budget amendmem in the amoum of S24,000 ~o contract with lhe University of Florida to provide a i~iiminary report on the fcazibility of a Geographic Information Sys~rn (GIS) for Collier Courtly. CONSIDERATIONS GIS technology offers a computer-assisted means of integrating spatial and tabular information. The maps and analyses that it can generate, aid in decision-making about some of the most pressing problems goverr~nent fac~ today, e.g. land use planning, highway development, natural resource n~axagement, tax mapping, emergency vehicle dispatch, changing demographics and more. Large numbers of municipal and county governments have already implemented or are in the process of implementing a GIS in their communities. Recognizing an increasing GIS interest among many public and private sector organizations in the local community, a proposal has been obtained from the University of Florida to review the potential here in Collier County for a coordinated county-v, ide Geographic Information System. The work to be done is described in attachment "A" of this document. The work to be funded by this budget amendment is intended to le~ subsequently to a five year contract proposal to work with the University of Florida to guide the development and implementation of a GIS system in Collier County. The University has considerable expertise in {.ais specialized field and has successfully provided similar services to other counti,'s throughout the State, most notably Charlotte and Sarasota Counties. A waiver of competition, based upon the criteria outlined in the Board's purchasing policy, will be sought for the subsequent contract. Staff anticipates bringing a contract proposal forward for Board review within six months. A proposal for these services has been provided by Professor David Gibson, Surveying and Mapping Program Director of the College of Engineering of the University of Florida. The total proposed cog including faculty compensation, University overhead, report preparation, travel, communication, computer support and incidental out-of- pocket expenses is a lump sum of $24,000. FISCAL IMPACT: Funds for this study are not presently included in the FY 98 budget. The ultimate funding sources for a county-wide GIS system will need to include a reasonable cost allocation from all benefiting entities. In the short-run, staff is proposing to fund the initial study described herein from Utility Fund (408) reserves in the amount of $24,000. The proposed budge! amendment will reduce Fund (408) reserves and place the funds in the Public Works Administration Cost Center 408-210105 for contract funding. GROWTH MANAGEi~IENT IMPACT: None RECOMMENDATIONs; That the Board of County Commissioners, Ex-Officio, the governing board of the Collier County Water-Sewer District, approve a budget amendment making funds in the amount of $24,000 available to fund the County-wide GIS preliminary study as described herein. Ed Ilscf~t~, Public Works Administrator--s. William R. Coakley, IT Dir~tor, as GIS Coordinator REVIEWED Leo Ochs .Ir, Supp}~,~.... S~,~ices Administrato/ HAY 2 6 1998 ATTACHMENT "A" SCOPE OF SERVICES A. Coordinme with the Property Appraiser's Office to de~ermine the status of the Property Appmisex's effort in ~his area and develop a cooperative arrangement. B. Assist in the formation ofthe core GIS policy comminee that will be tasked with setting program stan~ds and determining strategic and tactical direction during the early stages of the project. C. Conduct a preliminary data audit and develop short tetra GIS recommendations. D. Assist GIS planning and budgeting for Fiscal Year 1999. E. Facilitate a GIS symposium for ali interested public and private agencies and community members. F. Coordinate with local organizations currently involved in GIS development to leverage existing investments and explore oppommifies for partnerships. G. Assist with a presentation to the Board of County Commissioners describing the primary elements and results to be achieved in a five :>'ear time period. H. Submit a written report describing the findings and evaluations described above. APPROVE BUDGET AM~E~~S RECOGNIZING REVENUE AT VARIOUS PARKS. {~bjecflve: That the Board of County Commissioners approve a budget amendment recognizing revenue to the East aples Community Park, Vineyards Community Park, Golden Gate Community Center, and Sugden Regional Park, and recognize reser,,es at the Golden Gate Community Center. Co~ideratiou: On January 20, 1998, the Board approved an agreement with PrimeCo Personal Communications to le~se ground space zt East Naples Community Park to install a communications tower. In return, PrimeCo provides a one time donation to the park in the amount of 510,000 az well as an estimated 510,400 for annual rental of the space for the remainder of this year's lca~e. Thc ax~ched budget amendment ref..ognizes thes~ revenues and appropriau:s it into the proper account so tho! thc Eazt Naples Community Park staff may utilize the funds for improvements to the park site as well az ~:holanhips for deserving childr~ to participate in park program activities. Staffwill also receive 511,200 for the tower lease at Vineyards Park this year. These funds will be utilized for improvements to the park as well. Recently, the Golden Gate Community Cemer received a 57,000 donation from the Cool Cruisrrs Club of Naples and $6,000 from the Ford Motor Comp&ny for youth related programs. These don~ions are $I0,000 above last year's figure of 53,000, the amount anticipated for FY98. This budg~ amendment recognizes the additional $I0,000 so th.3t it nay be utilized for programs such az Midnight Basketball and a new program for less fortunate chilcL, z.n in the neighborhood. Additionally, funds budgeted in the "Midnight Basketball" proje~ waz not carried forward from FY97. These funds will be utilized for rr, vards at thc two-year celebration in May as well as through om the year for deserving individuals based on behavior in the program and throughout the community. Staffreccived a 514,690 donation from the' Sugden frmily earlier this year to build a botanical garden area at the regional park being their nzmc az well. Th~ enclosed budget amendment recognizes this donation so funds may be spent on said request. d~nlmlYact: Recognize revenue and appropriate it into the General Fund, East Naples Park (001-I$6381) in the t of 520,400. Recognize revenue and appropriate/t into thc designated expense accounts in the General Fund, Parks and Other Property. Lake Avalon Project (001-156332, #800gl) in the amount of $14,690 for the botanical garden. Recognize revenue and appropriate it into the General Fund, Vineyards Communib' Park [00 ]-156390) in the amount of 511,200. Recognize and appropriate revenue in the Golden Gate Community Center Fund (13CL0l$7710) in the amount of $10,000, and reduce Reserves (130-919010-991000) in the amount of $3,451 in order to provide awards and other incentives to participants in the "Midnight Basketball" program. Gro~h Management: None Recommendation: That the Board of County Commissioners approve the attached budget amendments recognizing revenue at various parks. Prepared by: ~ oh~ Dunnuck, Operations Coordinator D~partment of Parks and Recreation Reviewed and Approved by: Department of Par~creation Reviewed and Lpproved by:- ,¥?",~. O L [~) _ Th ° g~s -W .'O"~ fi, A dm ~l~at or Division of Public Semices RECOMMENDATION IMPRO~ TO EXFr_~'UTIV~ SUMMARY APPROVE A BIK)GEr AMENDMENT FOR CAPITAL donation of ~ ~ of the 35 dade trees required. In ag~xal, $1rlp C. an~ ia F~Tllles bss allocated Sl0,OO0 for tre~ md other plant rrmerlal in FY.99. Thh in-iZ~o~ wi~ ~on the~ l~,,~,~l~t~: Funds v,'~l b~ trar~crred t~ Sprinkler Syilena - 001-157110-763311430000 fi'om · e sccouaIs in the following ~ounis: Off,ce Automation Allocation - 001-157110-634210-0(X)00 - $1,000 Out of'County Travd. Professional Development - 001-I57110-&403~ - $1,~00 Electric - 001-157110--6431~ - $1,000 GROWTH M~ AGE~ IMPAC'~: None RECOMMENDATION: That the Board af Collier County Commis~io~ s. ppro~ tl~ n~_~_~_ary laxlgct ~ u outlinod ~bov~. Dat~: ~/11/98 Date: HAY 2 Pg o~ EXECUTIVE SUMMARY APPROVAL OF BUDGET AMENDMENT RECOGNIZING AN ADDITIONAL $48,412 IN STATE AID TO LIBRARIES IN FY98. OBJECtiVE: To recognize and budget additional funds that the Collier County Public Library System is authorized to receive in State Aid for FY 1998. CONSIDERATIONS: The Board approved submission of the Application for State Aid on September 21, 19'97. Florida Statutes stipulate the manner in which these funds may be expended. State Aid to L~raries is, by legislative intent, provided to improve library services within the State and is to supplement, rather than replace, local efforts towards that end. The Collier County Public Library has qualified for State Aid to Libraries since the program inception in 1964. State Aid was included as anticipated revenue ($285,000) in the FY 1998 Collier County General Fund Budget. The actual amount of State Aid received depends on the number of Florida counties qualifying and the amount of funds appropriated by the Florida Legislature. This program was funded by the Legislature at a level which will provide $333,412 to Collier County in FY98. This figure is $35,423 higher than State Aid received in FY 1997, and $48,412 heer than anticipated in the FY98 Budget. As local governmental support for the Library ases, so does the amount returned to Collier County in State Aid. These funds can be used for any Library expense except fixed capital purchases such as construction or equipment purchased as part of a construction project. Library staff is recommending that funds be used to move the Library computer to Headquarters Library and associated expenses in reconfiguring the Library network. FISCAL IMPACT: The Library General Fund Budget for FY 1998 will increase from :$:3,117,619 to..$3,166,031 (~8,412 ~b~ 001--156110) GROWTH MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of accompanying budget amend- ment which recognizes additional State Aid and places the funds in appropriate expenditure accounts. Marlyn Marlines, A~sistant Director Reviewed and I%, ~ k-'"',, ... Approved by: ..5,.-. X~t~,.u.~._.-'~. ~ DATE: ,~-/5 - 2~' -- Jo~, W. ][ones, I. Obrary lpirector ~l~viewedand ~,....~ ~ ~,/ - N~['pproved by: ~ ~i~.,.,, ~-~C .~ DATE' . q,[~- cl~_-- ..... Fhomas ~.-Olliff, Punic Services Administrator '--~-~ MA°~'~'~e~-~ / MAY 2 I 98 [__ _.~.:,: ., I _ EXECUTIVE SUMMARY A UTHORIZE CHAIRMAN TO SIGN CERTIFICATION TO ENABLE LIBRARY TO PPLY FOR LSTA GRANT. OBJECTIVE: Obtain signature of Chairman on the attached Certification Regarding Debarment, Susperaion, Ineligibility and Voluntary Exclusion. CONSIDERATIONS: Collier County Public Library is applying for a Library Services and Technology grant, through the Division of Library Services, Florida Department of Stale. Since ti'== grant is for federal funds, this certification is required. This grant will provide enhanced aec. ess to the on-line bibliographic catalog and expand access to legal resources for County library users. The need to improve access to Library bibliographic records is caused by growth in the number of residents using the Library data base. HSCAL IMPACT: The Library is applying for $68,845 federal dollars. This requires a one-third local match of $22,949. Local match funds have been requested in fiscal year 1999 budget from Fund 355 (hnpact Fees). Should the Library not receive the grant, local matching funds will not be used. GROWTH MANAGEMENT IMPACT: The growth in the number of Collier County resi- leents using the Public Library is phenomenal. Currently nearly 140,000 of the 190,000 County sidents have library cards. The grant will provide a web-look to the Library data base, enabling users to be more independent, rather than relying on staff for assistance. Reference staff could not provide classes in using the system as requested, due to the heavy workload. The new ver- sion will be more familiar to the public and require less training. RECOMMENDATION: Staff recommends authorizing the Chairman to sign the attached Certification Regarding Debat~nent. Marilyn Mat~fies, Assistant Director Approved by:. ~ DATE: JohWes, Li~~rector Review~ and . Approv~ by~ ~J . ~om~ ~. Ol~i/, ~lic Semices Ad~nistrato~A~:~D DATE: t4. CERTIFZCATION REGARDLNG DEBAP~%~F_h'r, SUSPENSION, I~LIGIBILTrY A~) ¥OLUNTAR EXCLUSION LO~R TIER CO~ERED ~ACTION$ Y oo 3 Ca 19160.- · ,,, ~,,,.~,,~, ed .r6~,. vj]. uimc By:_ Barbara B Berry, Chairman Date: AT~E.ST: ~ight £. Brock, Clerk X~prcved as to form sufficiency: Thoc~as C. Pal~r A~si~%ant County A~tcrne~ ED Form CrCS-O09.6/88 HAY 2 FLO]~IDA DEPARTMENT OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES ' LIBRARY SERVICES AND TECHNOLOGY ACT APPLICATION Library / Organization Name Application Deadline: May 1 Collier County Public Library Library Malling Address 650 Central Avenue Naples, Florida 34102 Library Phone # 941-261-8208 F.x # 941-649-1293 Project Contact Person Marilyn Matthes E-mail Address matthem2~mail.fLm.edu FEll) or SAMAS and EO # 506000558 Type Library ::~,~.pu blic 0 Public ~hool C:~ Audemlc ~ Ubra~ Con~nlum ~ S~bl ~TA Grant Catego~ 0 Bibliographic Enhancement ~ Bo~ to Rud ~ E~bllshlng ~ Enhanclfl[ Ei~troaic ~g~ Among ~ Bel-'een Libraries ~ Family Llte~ ~ ~or~ Basle Conn~tivl~ ~ ~o~Net Enbane~ C~n~lvl~ ~ ~ortNet Tr~lnln[ ~ ~nkln~ ~brsU~ with ~uutle~L ~c~L er Infarction Se~le~ ~ Atqal~n[ ar ~ba~[ Cempattr S)'~tem~ and Telecemmenlcations T~hnola[~ Project Name E~ancing and ~haring Library Automa~on with Collier County ~ Libra~ This Application is Priority / of / Applications Subml~ed. Total Population of the Libra~"s Service Area 190,000 Estimated Number of Persons to be Served by the Project LSTA Funds Requested $ 68,845 140,000 (number of registered borrowers) Project Summary In the space provided be/ow, give a concise description of the project reflecting the Intent and activities is described in the project narrative. (Limit yourself to the space provided) This project is intended to provide enhanced biblic, graphic access to Library holdings and to improve access to legal resources, both in-house and through the lntemet. 'Fhe project will provide graphical access to La"orary holdings/or the public user~ within Library facilities, for public users at the Collier County Law Library and for public users visiting the Library 'electronically' on the WEB. Additiona!ly, the grant will provide training in the use of legal materials for Librarians at both the Public and Law libraries, and improved access to legal information in both faciLities through the Internee. Project and local matching funds will be ~ to purchase the 239.50 module for the DRA Library Automation System. This will enable public users to view and search the on-line catalog through a graphical interface, instead of the curr~nt character cell mode. The catalog will then be available through the WEB cr~ the Library home page. This software will also er, able the users to simultaneously search the CCPL and other z39.50 standard data bases. The project will also purchase equipment to provide access to the on-Line catalog at the Collier County Law Library, and enable Public Library patrons easier access to resources at the Law Library. John W. Jones, Library Director ~"~,~,,..~n,.-; ~... Typed Name and Signature of Library / Or on DI D LI.~'TA ~, ¢ ffe. ctiv~ Ma), 1, 1998 _ Date HAY 2 6 1998 Pg. ,~ __ Library Services and Technology Act Enhancing and Sharing Library Automation with Collier County Law Library LSTA Grant Category: Acquiring or Sharing Computer Systems ~d Telecommunications Technologies Project Name: Enhancing and Sharing Library Automation with Collier County Law Library. Project Summary: This project is intended to p~ovide enhanced b~liographic access to Librar/holdin.g..s and to =,y gs ~or me puoiic user~ w~tl:fin Library facfliues, for public users az the Collier County Law Library and for public users visiting the Lib 'electromeall ' WEB. Additionall , the rant wi .... ra~ ' y on ~e ,.. ~,..,.,: ..... Y..= g. i!l provJde.tra~mng m the use of legal materials for librafi u~g ruU]lC a~lC] L~W llOf ' . . . al"IS ~[ Imemet ~nes, ~ Jml~-Ovcd access to legal mt'on~Uon m both facilities ~&rou~ ~ Project and local matching funds will be used to pun:base ~..e z39.50 module for the DRA Library Automation System. This will enable public users to view and rem'ch the on-line catalog through a graphical interface, instead of the current text-based mode. The catalog will then be avaJlab~ through the WEB on the Library home page. This software will also enable the users to simultaneously se~ch the CCPL and other z39.$0 standaxd data b~es. The project will also purchase equipment to provide access to the on-line catalog at the ColLier County La,.,,. Library, and enable Public Library patrons easier access to resources az the Law Library. PROJECT NARRATIVE: Collier Count), Public Library proposes this grant to Automation with the Collier County Law Library'. 'Enhance and Share Library INTRODUCTION: Collier County Public Library has been automated with the Data Research Associates, Inc., system since 1992, with automated circulation beginning in May 1993. Currently the DRA Classic software product is used. This is a text-based, text only version. In 1995, the Library received funds from the Collier County Friends of the Library, Inc., to provide inter'net access. Technical assistance was provided by the County Clerk of Courts Data Processing Department. This provided limited staff access to the interact. In December 1996, (fi~al 1997) the Library received a FloriNet Grant from the State Library to provide public interact access. At the same time, control of the Library electronic network was being passed to the new County Information Technology Department. (IT) Library budget funds were used to upgrade internal wiring to Categor), 5 v,'iring. County Information Technology Department funds installed routers, hubs and fas:er frame relay lines to all locations. FloriNet funds were mainly used to purchase personal computers for use by the public. This project added public interact access. Currently the Pubhc uses the interact in a vwiety of limited ways, due to both locafl polidc,fl concerns and technology road blocks. The Library Advisory Board dh'ected the Library to start public interact access with the text browser only. This occurred as various organi;'-ations talked about law suits and as interact filters were starting to be a hot topic. Generally, the public directly uses LYNX, a text-based interface, to browse the World Wide Web. Staff recogruzes the many limitations of LYNX, including how hard it is for the general public to use and the product's inability to even display some web sites. Graphical access by the Public is with staff assistance, at th. is time. Staff provides print-outs of graphic pages, as requested, and works with patrons as they use graphical browsers. During the slower evening hours, Patrons at Headquarters Library use the grapl'fical browser locat.,'~ at the Reference Desk. Patrons also use EBSCO Magazine Index on-line through the WEB and have direct access to OCLC's First Search, paid for with State Funds. Unfortunately, access is only to the text-based, telnet version. Support from the County's IT Depanmenl has not kept up with Library needs, mainly due to staff shortages and an extremely heavy work load. Since they main~ the f'u'ewall, only IT can open ports to enable use of particular resources. For this reason we have only tel.net access to First Search, instead of the easier to use W""_B version. In consulting with DRA, the Librar'~'s automation vendor, and other libraries in Florida., we find we are not alone in experiencing problems when working with local government computer departments. In response, libraries are starting to provide for their own network support through outsourcing to their automation vendor, hiring in-house staff or a combination of both. Buffalo, New York and Erie County, Pennsylvania are both leaving local government computer departments and establishing their own. Closer to Collier Count)', Lee County Government, including library automation, has outsourced their entire telecommunications needs. Plans are being finalized to eliminate the known technological and poLitical impediments we are currently experiencing. On April 23, 1998, the Library received final, official approval to 'budget and assume responsibility for its own computer and Library automation system in FY99', which starts October I. 1998. A~end~o l~tem ~ MAY 2 In August, 1998, the Library computer server and all frame relay lines will move to the Headquarters Library from the County Data Processing Deparm-,ent where it is currently housed. The DRA automation contract will be expanded to h~clude provision of interne/and all network monitoring and maintenance. This eliminates the need fo.- the Library to use any services of the County's Information Technology Depa. runent, including their frrewall, for general library purposes. (The ia'brat3' will continue to use the word processing and financial records through a link to the CounO"s network.) The project is funded with funds from State Aid to Libraries, Universal Sen'ices Discounts and additional funds from the Library's Trust Fund. The project is tbmd to be operational before October 1, 1998, and should eliminate the firewall problems we have experienced in providing resources such as First Search through the WEB to the Public. By the end of August, 1998, Collier County residents will have direct, graphical interne/access a~ all library facilities in the County. Data Research Associates, Inc., are being contmc'e..d to provide 384kb inttmet service and network monitoring for the Library system. NEEDS ASSESSMENT: · Collier County Public Library serves a diverse population, seeking to meet their 'education-,d, recr~tional and informational ne. etC. Our small Reference Department, consisting of four professional libra.dans at Headquarters Library and six professional Branch Librarians at each of the branch libraries, answer nearly 200,000 questions annually. Headquarters Library is open 68 hours per week, from October through April, and 64 hours per week from May through September. Branch Libraries are open 60 hours per week year round. The Reference Department is staffed every hour the Libra,")' is open. However, often only one Librarian works at the Information Desk. CCPL ser.'es a permanent population of approximately 190,000, with the nun' ber increasing in the 'winter season' to 250.000, or more. The Library has approximately 290,000 books, 30,000 audio visual items ?..,"id 900 periodical subscriptions. The Public uses the following cd-rom data bases: Business A'ewsbank, American Business Directory, Phone Disc, Canadian Phone Disc, Novelist, Tax Mc. mgement For.~s and Tax Practice Serifs on CD. EbscoHost Magaziae Index, including tfeahh Sources Plus, Boo'ks In Print, ERIC and First Search are available on-line through th: Libra.,w's interact connection. In fiscal 1997, ending September 30, 1997, the Library circulated 1,874, I:~8 items. This was the highest circulation in our history. In addition to the traditional role of answering questions and assisting individuals in the use of library materials, the Headquvu-ters Reference Librarians also plan and present formal training programs for the Public. Topics include using the Library's cd..rom data bases, using on-line commercial data bases and using the Lit'rary on-line catalog. Changing the OPAC to the mort: familiar 'web browser' and WindowsTM look would rna~ teaching Patrons how to use all of the Library's electronic resources much easier, since products would have more similarities than the current text-based OPAC version. The 'point and click' format means less typing for users. On- line and content-specific help will be available. Computer users already familiar with this typ~ of help can easily use these same skills. In talking with other libra.ties which offer the graphic OPAC catalog, we ate told that patrons love the ease and convenience, of use. As they dial-in from home or office, much of their research can be done and they know what rcsource~ are available before they arrive at the Library. Improving access to legal information would enable Reference Staff to direct users to specific sources instead of a general referral to 'try the Law Library'. Staffand the Public could easily 'see' the Law Library listings in the Library ca,.alog. And Patrons at the Law Libra.D, could 'see' what Public Library ~naterials are available. It is expected that the quality of responses will improve, as specific sources are i,:t-,,,;~,,-4 and tNe. y improve, it is anticipated that the Library will exl?crienc, e some increase,in legal questions asked by the same users and those they tell about the serv:ce by word of mouth. Program publicity should also increase additional legal questions by the genenfl public, especially to the Law Library, as more people become aware of this resource. · Collier County Law Library was created by CoLLier County Ordinance 79-41, which established a Lag' l~ibrary Fund in order to finance a law library. A portion of county and circuit court civil case filing fees pay staff salaries and purchase materials and equipment. The Law Libr~y is located about 2 miles from the Collier County Public Library Headquarters, and about 5 miles from the closest branch, East Naples Branch Library, and is on the fifth floor of the Collier County Courthouse. The Law Library is open from 7 a.m. to 7 p.m., Monday through Friday, and from 9 a.m. to 1 p.m. on Saturday. Three pm-time staff members provide assistance only from 9 a.m. to 5 p.m. Monday through Friday, Library users sign-in with building security to use the Library after staff hours. The Library is open to the Public, but no materials circulate. Photo copiers are available at a nominal per copy charge. A small, but diverse group of people use the Law Library. They include individuals, non-profit organizations, law students, high school students, attorneys, judges and inmates of the Collier County Jail. The Public Library provides only recreational reading materials to Jail inmates, with the Law Library providing for the legal research needs of the inmates. Approximately 50 people use the Law LibraF)' per day, with heavier traffic towards the beginning of the week. Th. is gra~nt will have a great affect on the users of both Libraries, but the change will be especially obvious at the Lag' Libra~"y. Currently Law Library users are at a 'dead end' if they cannot locate needed information within the facility. Since the Library is open 4 hours daily with no staff, users often have no reference assistance. With the Public Library OPAC and interact work stations available, there will be an easily identified 'next step'. At times, the specialized iruformation at the Law Librar)' Js no~ the most appropriate. The Public Library can fall the need for the 'lay' approach to legal information when the Law LibraD, cannot. Filling the need of Public Library users for the actual case law, is the role of the Law Librm'-y. Users of both facilities will better served with the resources of the o'.her. This grant project ~,ill asstst Ihe Public in two major areas. First, a graphic interface for the on-line catalog will provide a more user-friendly appearance to the on-line catalog for the Public. Simply put, this will provide a world wide web-look to the Library catalog. This user-friendly and familiar look will be much easier for the Public to under~tand and use. Having a format which is similar to other widely used computer programs will enable Reference Staff to provide Public training classes for programs which use the same techniques, thus reinforcing what the Public learns. And as Public users move to other Library programs, as we surely wil! add wE:n appropriate, they will be able to use them more independendy. Having the ability to search multiple data bases simultaneously will also promote the integration of resource sharing. T~s project will enable CCPL to participate in resource sharing with other members of SWFLN ~d other cooperatives in Florida. Users will be able to simultaneously search a~y z39.50 standard data base, including other library catalogs and periodical data bases. An additional benefit of this conversion to personal computers as OPACs is that it enables the Library to use a program such as Large Print Windows to enlarge the print on computer screens making the OPAC screen more 'readable' to visually handicapped users. We have been unable to enlarge the print on the currently used 'dumb' terminals. An additional twenty personal computers will be purchased in fiscal 1998, and installed prior to December I, 1998. i'hese will be used by the Public to view the new graphical 1 byam catalog. MAY The second major need addressed by this project, is to provide expanded access to legal resources for both users of the Law Library and the Public Library. We have worked together informally, but expect this project to provide needed structure to our interage, ncy cooperation. Equipment purchases for the Law Library will provide an additional access pome for the Public ~eeking inforr~tion from Public Library resources, as well as legal information web sites. Few libraries, including CCPL and the Law Library, believe they receive sufficient funds. The Law Library currently has little choice in what martials are purchased. Most are continuations and new additions of regular publications such as Code of Federal Regulations, Florida Administrative Code, etc. Funds have been limited to basic maintenance of resources, purchases of current editions or serials and equipment. The Law Library did start subscribing to a cigr~: cd-rom rifles in fiscal 1998. They have two workstations and a printer for the Public to access a variety of products, including the Code of Federal Regulations, the Florida Administrative Code, Florida Statutes Annotated and Florida Ca$es. '78% of the capital outlay funds for this $14,0CK) project were from a donation. The remaining funds can'~e from the Law Library Bud~get. Without the donation, the project would not have been started, since the Library has no provision for the capital outlay required to initiate such programs. The additional $20,000 for the cd-rom titles came from the Law Library budget. The Public Library receives the Florida Statutes, United States Code, Naples and Collier ordinances, and a variety of directories, encyclopedias, dictionaries and lay guides to the law. CCPL relies upon the Law Library for case law, rules and regulations of federal and state agencies, and more extensive versions of materials such as Florida Statutes Annotated and the CFR. The Law Library has no access to the internee or any commercial on-line ~ta bases. For example EBSCO Magazine It~de.t, which the Public Library subscribes to on-line, would provide Law Library users a less-technical approach to many subjects. In doing a quick survey and very general WEB search for 'legal information', over 2.5 million sites were identified. As in any WEB search, many hits were completely irrelevant. However, a casual check of the first 100 hits identified several states with their own internee guides to legal research, a site for legal forms, a directory of continuing legal education and a guide to internee legal searching. With the Reference Staff from both the Public and Law Libraries reviewing and compiling the most relevant web sites, an extremely useful resource will result. (See list of representative web sites.)[Attachment Al Headquarters Reference Department estimates that 20% of the 200,000 questions asked by Lib.rary Users relate to the lest fields. When Public Library resources cannot ,answer the User's quesuon, they are referred to the Law Library. Headquarters Reference Staff refers approximately 15 questions weel. dy to the Law Library. When Users are referred to the Law Library, they must physicall3 visit th,: facility, since we do riot have Law Library holdings listed in the Libra.ry on-line catalog. Since 1996. Public Libra;)' Reference Staff has made an effort to visit the Law Library, at annually, in order to become more familiar with holdings and resources. We rexognize that the Law Libra~' has a specializ~ collection which the Public Library cannot hope to achieve, both due to lack of funds and lack of shelf space for these lengthy continuations. In addition to improving access to the Law Library collections from the Public Library, users at the Law Library would be able to more easily find needed materials at the Public Library. For example, a strength of the collection at CCPL is the variety of popular guides to legal issues which the Law Library does not have. V~q'tile the Law Library holdings include Florida Digest, Florida Law Review, Florida Real Estate Contracts, etc., the Public Library holdings include rifles such as Traffic Tickets in Florida; Florida Real Estate Principles, Practices & Law; Land Trusts in Florida; Florida Divorce handbook; The Law of Florida Homeowners' Associations; Starting and operating a busittess in Florida; and Uniform Crime Reports. When Public Library users n ~r-,ed information other than the popular approach to a legal issue, they aro. refe.n'~ to the Law Library if M~.V 2 6 I.-.90 Reference Staff thinks the Law Library might have something relevant, since we have no holdings list for the Law Library. These objectives v.'ill be accomplished with the purchase and installation of the z39.50 module for the DRA Library Automation System, also known as WEB2. This will enable public users to view and search the on-line catalog through a graph/cai interface, instead of the current text-based mode. The catalog will then be available through the world wide web on the Library home page. Project funds will also purchase equipment to provide st..cass to the CCPL on-line catalog al the Collier County Law Librao., and enable Public Library patrons to determine which resources are available at the Law Library. Most equipment should be purchased and installed by December 1, 1998. Good working relations with a local wiring contractor will speed installation at the Law Library. Special work station furniture may take longer, but temporary tables are available until the work stations arrive. Staff training will be scheduled within the first quarter of fiscal 1999. Specific legal questions which had to be referred to the Law Library or have not been answered at the Public Librar7 have included the following. · My tax consultant sas's I can't take that credit on my tax return. I want to see the relevant IRS code. (Law Library has.) · I'm writing a paper on a Florida law that has been changed. How can I find more information th,-~,.~ what's in the Florida Statutes? O-aw Library has.) · Need copies of legal forms. (Public Library has some; difficult to keep current. Law Library has some.) · Laws in other states. (Public Library has some information; we are finding more on the internet nov.'.) · Need more detailed information on Florida divorces. (Law Library has.) · People studying for contractors and real estate licenses ask for more tech.,'fical information on construction law ar, d condominium developments than CCPL provides. (Law Library has.) · Need a law)'er who specializes in estates in Massachusetts. (Have some printed information, more current information is now available on internet: http://www.lawstreet.eom) ·Wan. t information about similar law suits where companies were held liable for damages in defective products. (Librar).' has some information in magazine articles, but doesn't have ease laws for specifics in particular cases. Law Library does.) · I need information about writing a will that is legal in Canada. (Internet site Virtual Canadian La~.;' Libra.,")' at http://www.droit.umontreal.ca/doc/biblio/en/index.html) [Neither the Public nor the l.x:,~' LibraO, current$' can n~ke this site available to the public.) These a:e just a £ew examples of the variety of legal questions the Public Library receives. As additional resources are added to the internet and adequate equipment is available so the Public can use the interact resources, both Librari¢~. will evaluate which materials will be purchased in print form. For the Public Library, the change from access to very few and general materials, to an incredible weahh of materials on the interact will be phenomenal. Having the specialized staff at the Law Library as an extension of library reference services through the cooperative nature of th.is grant, will greatly' enhance the ava/lability of legal information as Law Library Staff rnaintains links to specialized legal web sites. From the Law Library perspective, the addition of internal resources will start to replace some paper rifles currently held, and enable the Library to provide a much larger collection of materials than they could otherwise afford to purchase and shelve. As more legal materials are published on the internet, both Libraries will have access to more current materials than nov,,. The delay in print publishing for court opinions and :'eviews limits the currency of any printed material in either Library. ASSETS: · Since the Libra' is currently automated with DRA's Classic Software, and has all records in MARC format, only WEB2 and personal computers are needed to provide graphical access to the Public. During fiscal 1997 and 1998, the Library upgraded wiring in all facilities.to C_.alegory 5. And all libraries are equipped with the necessary networking hardware to use personal computers as OPACs. Frame relay lines were upgraded Io 56KB lines in fiscal 1997. Both Marco Island and Vanderbih Beach Branches will receive 128kb frame relay lines in August 1998. The remaining branch libraries will move from the $6kb lines lo 128kb lines, or higher as needed, in fiscal 1999. Funds are available for these upgrades. Currently each Branch Library has 2 personal computers which are used by the Public. Only one is connected to the internet. The second PC is used for cd- rom programs. Headquarters Library has 6 personal computers which are connected to the interact for use by the Public. Twenty additional pcs are being purchased with funds available this fiscal year, bringing the total number of pcs used by the Public to 40. These will give the system a good start in convening to pcs for OPACS. · CCPL is a supporting member of the Southwest Florida Library Network (SWFLN). As the network continues to develop, we expect SWFI24' to provide training and educational support which is relevant to this project. The educational programs presented this year and planned for next year will be ','eD' useful in the success of the project. The computer lab at the SWFLN office could be used for staff workshops for this project. The Law Library is in the process of becoming a SWFLN member. · CCPL is a particip.~:ing member of FL~q and Solineh providing interlibrary loan service to our Library Patrons, and is willing to extend the service to Law Library users. · Universal Sen'ices Discounts for qualifying project equipment and services will be applied for in July 1998. These potential savings could total $4,000 on this project. Any savings would then be applied to other project areas of need. These could include additional work stations, wiring and furniture. · The Library will have moved its system computer to the Headquarters LibraO' from the County Data Processing Department by the time this grant starts. Data Research will then provide network maintenance and monitoring, as ,,,.'ell as internet access. With the elirninadon of the County-run £u'ewail, the Libras5.' will be able to take advantage of on.line resources in a timely manner. For example, Libra.,5' users have access only to the text version of OCLC's First Search. The County has not had the time to 'open the port in the firewall' since September 1996, enabling access to First Search through the Web. Free trials to other on-line services have expired without Libra.ry users being able to use the products. Again, the fi.rewall ports have not been opened to take advantage of these previews. · The County's commitment to permit the Library to be responsible for our own automation comes with a commi:ment to add an additional position to the Library staff. The Automation Specialist ll will start October I, 1998. · CCPL is requesting an additional reference librarian for the Headquarters Library, for fiscal 1999. If approved, this staff members would enable the Reference Department to handle more questions, including legal questions. (Final a££ro~al of this position is expected in September 1998, though prelimirmry approval will be available by July l.) · Since the Library will be in charge of our own internet access, graphical interact browsers will be available to the Public at all locations. · The Windows NT Server, which is needed to run the WEB2 software, will be purchased in fiscal 1998. Funds are currently available for this $15,000 purchase. _ [ Age~,da It.em i I MAY :2 6 ig.°,at · CCPL has already started to forge strong relations with the Law Library. Staff have visited each other's facilities to learn what resources are available. Headquarters Reference Librarians refer Library Patrons to the Law Library for specialized legal materials which the Public Library cannot afford to purchase or house. Library cooperation with Collier County Law Library will prove to be a benefit for all County residents. The Board of Trustees, Collier County Law Library, is extremely supportive of this project. At their monthly meeting April 16, they voted unanimously to endorse and support the project. (Attachment B) Law Library Staff has been most helpful and enthusiastic in gathering information for this application. · As the Board of Trustees, Collier County Law Library, endorsed this project, they also recognized their responsibility to the project in future years. They have agreed to plan for replacement of equipment as needed and to assume costs of the frame relay data line after the grant year. Collier County Public Library will provide maintenance and monitoring of the network line, software upgrades as needed, and technical support for any programs installed by CCPL. The two libraries shall share costs, where practica] and mutually agreeable, for specific commercial, legal data bases in future years. OBjECTIVES: This project has two basic objectives. · Collier County residents will have enhanced access to over 400,000 bibliographic records via a graphical web browser by December 1, 1998. This objective supports Goal I, Strategic Direction 1.1, Objectives 1D and IE, and Goal I, Strategic Direction 1.2, Objective 2A, of Access for All: Libraries in Florida's Future; A Plan for the Continued Development of Florida's Idbraries, published by the Florida Division of Library and Information Se~'ices. The project ,.,.'ill provide graphical access to Library holdings for the public users within Library facilities, for public users at the Collier County Law Library and for public users visiting the Library 'electronically' on the WEB. · This project will improve access to approximately 100 titles of legal resources at the Lass' Library for Public Library Users; It will provide access to approximately 1,000 titles of popular materials for the non-law professional at the Public Library by users at the Law Library; and it will provide free access to thousands of internet legal web sites for users of both Libraries, by December 1, 1998. (See avzic/ved bibliography of web sites, selected for their relevancy to local users.) This objective supports Goal I, Strategic E'irection I.l, Objective iE of Access for All: Libraries in Florida's Future: A Plom for the Contir, ued Development of Florida's ldbraries, published by the Florida Division of Library and Information Services. Additionally, the grant ,,,.'ill provide continuing education in use of internet-based legal materials for librarians at both the Public Library and at the Law Library. Richard M. Georges, P.A. (futurelawyer@futurelawyer.com) will provide workshops on on-l/ne legal research. (See ~,~ached biography.) [Attachment C] Finally, grant objectives support 'enhancing, sharing and linldng libraries with information services and telecommunications technologies'. Already merely writing the grant applications has jump-started two libraries in their thinking and planning for resource sharing and cooperation, to the mutual benefit of their users, After the basic objectives of the grant are accomplished, Staff will also explore networkin~ the Law_ Lib,r. acy. cd/rom products to the Public Library, or consider changing the cd-~mn Sab~l:~O [ on-une suvscriptions, where appropriate. With the equipment in place, the t~o aglJ~a~! .h~_q. ! capable of evaluating cost sh~."ing of specific data bases in order to make them available at more locations. Both Libraries want to continue the cooperative development started with this grant. ACTION PLAN: Key participants in this project are: Marilyn Matthes Judy Baker Michael Widner Carol Travis Beth Nagengast Board DRA Ref Staff New Staff Assistant Director, Collier County Public Library Collier County L~w Library Systems Manai3er, Collier County Public Library Technical Servtces Librarian, Collier County Public Library Reference Librarian, Collier County Public Library Law Library Board of Trustees Data Research Associates, Inc., Library vendor Reference Staff, He~dquaxters and Branch Libraries Automation staff member at CCPL, to be hired about Oct. 1 DATE May 1998- May- July Aug.- Aug. Aug. [Aug. Aug.- Aug.- Aug.-Sept. Sept. Sept. Sept. Sept. Sept.- Oct. 1 Oct. I Oct. 1 Nov. Nov. Nov. Nov. ACTIVITY RESPONSIBLE Fo,'mulate use policies for Law Library. Review Public Library Internet Policies. File for appropriate e-rate discounts. Receive Notification of Grant Funding. Issue press release for local newspaper and Collier County Bar Association Publications, notifying Public of grant awn. rd. Request firm pricing on all needed equipment. blove Library Computer Equipment, Install Windows NT'Server ,*nd switch to DRA Internet Service. Install filter on Library-owned server.] Not part of grant, but important preliminary work. Sta~ tracking web lilts as soon as capable, compiling 'nontNy repons. Sta."t coml:~ling specific counts and descriptions of legal questions. Catalog Law Library materials ~md add to Library catalog. Do preliminary training s( hedule for staff training in \Vindows'r~'~ 95, WEB Cesign and internet searching. Matthes/Baker Prepare purchase orders, effective October I. Order frame relay line for Law Library, installed by November I. Select work station furniture. Start preparing printed and on-line guides to legal sources. Review of August installation related to grant. Meeting to reviev,' areas of responsibility and time line. Schedule wiring to be completed by November 1. Load WEB2 on Library NT Server. Install router and hub. Install. configure and test Pcs at all libraries. DRA WEB2 training for CCPL and Law Library. Baker/Board Matthes/Staff Manhes From State Library Matthera'Baker Matthes Widner Ref Staff/Baker Travis/Wiclner Matthes Manhex Baker Nagengast/Baker Mat~hex/Widner All Matthes Widner Widner Widner/New Staff Nov. WindowsTM training. Nov. 15 - Dec. 15 Workshops in use of on-line legal sources, using the interact and web page design. Dec. I Start tracking web hits at Law Library, and adding to monthly statistics. Dec. I Make system available to public. Jan.- Jan.- Outside contractor Outside contractor Widaer Public Services Staff of both Libraries. Publicity to local newspapers and Legal Communky announcing availability of new service. Classes for the Public in using WEB2 and on-line legal sources. Advertise new service to additional organizations, including real estate professionals, Chambers of Commerce, SCORE, etc. Matthes,rBaker/Nagengast Jan.-Sept. Statistical use reports continue. Widner/Baker/Nagengast Jan.-Sept. Recording of legal questions continues. Baker/Nagengast March Evaluation meeting with key staff. All April Mid-year grant report to State Library. Matthes Sept. 1999 Evaluation meeting with key staff. All Oct. 1999 Final grant report to State LibrarT. Matthes Baker/Matthes B aker/Nagengast/Gibney Purchases will be made in accordance with roles established by the Collier County Purchasing Department. Generally, Purchasing pre-bids electronic equipment on a yearly basis, using both State and Ix>ca! contracts. Those vendors will be used. Any technology-based project can be subject to unexpected'delays, caused by either the technology or the human element of the project. Current Public Library Staff has been through the addition of new branch locations :,nd the relocation of existing branches. We know what to expect, what to plan for and what needs additional oversight. Adding the Law Library to the CCPL wide area network is si.mJlar to adding a branch library. We know the telephone company needs additional attention to ensure that the line is installed within the established time line. We have confidence that our local wiring contra:tot can provide service when we need it. And we have also worked with likely ha. rdware contractors and know their requked lead times. The Law Librzry Staff, also, has experienced the addition of the cd-rom work stations, and so has some experience in adding new services. With several staff meetings from the beEinning of the project, through installation, and continuing tlvoughout the entire project year. we feel that potential problems can be discussed and resolved before serious complications arise. EVALUATION: The project will be evaluated with reference to these objectives: · Collier County residents will have enhanced access to over 400,000 bibliographic records via a graphical web browser by December 1, 1998. · This project will improve access to approximately 100 titles of legal resources at the Law Library for Public Library Users; It will provide access to approximately 1,000 titles of popular materials for the non.law professional at the Public Library by users at the Law Library; and it will provid__e free access to --~.~c-,~e~ thousands of internet legal web sites for users of both Libraries, by December I, 1998. At a basic level, evaluation of this project appear~ to be ','er3' straight forward. Has the equipment outlined in the project budget been purchased, installed and tested? Is it functioning as anucivaled'~ Even though the equipment and software are vital to the success of this project, they ar~ n'ot th~ true measure of whether or not the project is ultimately successful. How we use the equipment and capabilities is a key question. DATE ACTIVITY RESPONSIBLE Oct. I Has training schedule been conf'm'ned and published? Matthe.qBaker Oct. 10 Has all equipment been ordered, or in process? Matthes Oct. 31 First monthly statistical report or project year. Widner/Manhes Dec. 1 Is equipment installed and working? WidnertManhea Dec. I Are user guides for WEB2 and on-line legal sources available? Manhes/Baker .lan. I Is there a separate Web page, with links, to legal sources and information about the grant? Widner/Baker Dec.- MontNy reports on usage Widner/NagengastrMatthes/Baker Dec. 10 Meet v, ith key staff to evaluate first 10 days. All Jan.- Review evaluations of each public training class. (Evaluations required of each outside vendor providing training.) In-house survey of users, written and interview. In-house survey of users, written and interview In-house survey of users, written and interview Meet with all key staff for progress and ev,-duafion. Mid-year repor~ to State Library Final'report to State Library Nagengast/Baker San. NagengastrBaker Feb. Nagengast/Baker March Nagengast/B~er Ma-ch 25 All April Matthes Oct. 1999 Manhes Since the basic objectives of the project are to provide 'enhanced bibliographic access to Library holdings and to improve access to legal resources, in-house, at the Law Library and through the Internee', use statistics will be kept to evaluate use of the new OPAC browser and hits on legal resources. Cc,,'ren:h INs information is kept manually. In gathering electronic-use statistics, several options are available. The interact filter being considered. WebSense, has a strong statistical component v, hich could couat web sites by type or category. The company which produces the computer se. curity program Fonres also has software which keeps track of intea'net usage. Both the Public Libras'), and the Law Library will continue to keep manual counts of numbers of people using the equipment, for the duration of the grant. In summary, the project evaluation will consist of the following elements: · Verification that equipment and software was installed and when. · Verification that Law Library records have been added to Public Library automated catalog. · Manual statistics kept by Reference Library and Law Library Staff Members. · Electronic statistics on quantity and variety of interact legal resources selected from Library workstations. · Production of useful guides to legal sources on the intemec · Production of useful guides to using WEB2. · Project evaluation by Reference Library and Law Library Staff Members, including anecdotal information gathered ,.t rile providing assistance in using the work stations. - ~,,~. /~ _ L~A Applicaoon (conunucd~ Collier County Public Library LSTA Applicunnn (continued) BUDGET Collier County Public Library LOCAL/STATE F.T.E. LSTA MATCH TOTAL SALARLE$ & BENEFITS (Position Title md Responsibilities) No positions are requested for this grant. CONTRACTUAL SERVICES (List each vendor and briefly describe their services) Richard Georges: Trainer. Legal Research on Interact $ 4,000 Data Research: WEB2 Training $ 3,000 Ahai Seminars: Windo,v, 95 Workshop $ 750 Web Page Design $ 750 Solinet Workshop: Web Search Engines $ 1,500 Wiring $ 2,000 [TOTAL CONTRACTUAL SERVICES $ 12;000 S S $ S $ S 4,000 3.000 750 750 1,500 2,000 12tO00 } Richard Georges Workshops will include I Public workshop for 10, and I Staff-only workshop for I0. Staff members will pro~ ire add,tional training to the Public after Mr. Georges Staff Workshop. Other training listed is for Staff-only. LIBRARY MATERIALS (Include type and numbers of materials to be purchased) No grant funds v, ill be u.;ed to purchase library materials. SUPPLIES (Include a brief description of supplies needed) No grant funds v. ill be used to purchase supplies. TRAVEL No grant funds will be used for trw. el (Lis, traveler's name or position and how travel relates to a :hieving the project objectives) EQUIPMENT (Include equipment and furniture with a useful life of at least one year and a unit cost of $500 Router & Hub UPS 5 Personal Computers @S3.000 2 Laser Printers ~S 1.500 Card Debit for Public Printer 2 Workstation Furniture ~SI.000 TOTAL EQUIPMENT 4,000 70O 15,000 3,000 1,400 2,000 $ ~100 $ $ 4,000 $ 7OO $ 15,000 $ 3,000 S 1,400 S 2,000 $ 26t100 ] LAaenc, f. It~,.~ ~ L.~TA Application (continued) Equipment costs have been estimated from similar purchases in FY98. Law Library to access Library on-line catalog and internet. Collier County Public Library These items are needed to provide F.T.E. LSTA OTHER (Specify) Equipment Rack Misc. Cables Frame Relay Line WEB2 Orbix Server License 3 desk chairs ~ $200 WEB2 & Orbix maintenance [ TOTAL OTHER LOCAL/STATE MATCH TOTAL 2OO 6OO 2,400 15,429 5,000 6OO 6,516 $ 22,949 $ 30~745 S 22,949 $ 200 600 2,400 38,378 5,000 6O0 6.516 $3,694i TOTAL PROJECT S 6S,845 S 22,949 91,794 Collier County Public Library LSTA BIBLIOGRAPHY Legal Web $1te~ ATTACHMENT A ALI-ABA Continuing Legal Education Home Page Alpha Legal Directory. Attorneys Corpor'~ions On-line DBPR Lic~n~ Search Menu Florida Access to Government Florida Agency Links Florida Attorney General Florida B~r On-line Florida Department of State. Corporations' Florida Law On-line Florida $~te University College of Law Florida Supreme Court Opinions Government Services Direc~ Law Library Legal lnfom-m, lon Institute. Comell Law School Online Sunshine ~W: Legal & Internet & Subject Searching U~ful Legal Sites Web.Law Interact Legal Sets'ices Directory Web-Law lnternet Legal Services Directory hup'.//www.ali-ab~.or~ http://www.alphalcgal.com/ htt p './/cccccorp.dos.stste.fl.us/i n de x .h t rn I htzp'.//www.stu~e.fLusgorawtb/owa/dbpr2.qry_lic_menu ht~p'ff/www.s~u:.fl.usgfgsd_html/access.htrnl ht~p'ff/www.dbf, sta~.fl.usggov..hot_list.html http://legal.fim.edu/index.html htr p'ff/www, fLsb ar.org/ h n p 'ff/ccfcorp.dos.sta~.fl .usg ht~p'.//~ww,gate.n¢l/-wyma~flo.html hnp://www.law.fsu.edu/libraryl~h.htmi h ttp'ff/nersp.nenk:.ufl.edu/-lawinfo/flsu pet/ h t~p'.//fcn.stu, e.fl.usgfcn/centers/law/ ht~p'ff/www.tsw.com~lLedu/mpicsgtopic2.html#govemment organization hnp'ff/www.leg.stu, e.fl.usg http'J/lawltb.wuacc.edu/wa.shlaw/reflawlre fsubject, html h np'.//nersp.nerde.ufl.edu/-lawin fo/college/LICAegalnet.html h np'ff/www, web-law.com/ h t~p'fflwww.web-law.corn/ Listed Web sites are representative of the wealth of information available. They were found with only a brief check of the internet. The grant project will e.able Library Staff to spend rnore time evaluating and developing public guides to using thes~ and other sites. An annotated list will likely be developed. Ma~ny of the law schools have very well developed Web sites. Staff at both Libraries will work to provide the most relevant links for our users. (A sample of resources at [he Har,'ard School of Law Library is at~ach~ u ,, sample. ATTACI-DviENT D.) COLLIER COUNTY LAW Lmm Y ATTACHMENT B May 1, 1998 Marilyn Matthes Assistant Director Collier County Public Library 650 Central Avenue Naples, Florida 34102 Collier County Public Library/Grant Application Enhancing and Sharing Library Automation with Collier County Law Library Dear Ms. Matthee: As Chairman of the Collier County Law Library Committee, I am pleased to advise you that the Law Library Board and the Collier County Bar Association wholeheartedly and enthusiastically endorses the application by the Collier County Public Library for the above- mentioned project. This project provides an excellent opportunity for the Collier County Bar Law Library to participate in a program to provide internet access to legal information as well as graphical internet access to the library's on-line catalog, for the users of the Collier County Law Library. If you are successful in obtaining the grant as applied for, there will be enhanced opportunities to access library services and legal information references, services and sources. The current users not only include members of the legal profession but also the public at large. This project will thus be of tremendous benefit to all members of the community. The Collier County Law Library Board of Trustees has considered this participation and has expressed its willingness to provide continuing financial support after the grant year. If you have any questions, please do not hesitate to contact APP:slw cc: Judy Baker Collier County Bar Association 330] TaA~L-~ Tr~il Ea.ft * Building L * Naples, Florida 34 ! 12 (94 ]) 774-8138 ' Fax (941) 775-5858 ATTACHMENT C Rlchard M. Georges P.A. 3656 Ftrs! Avenue North St. Petersbu~, Florida 33713 Phone: 613-321-4420 FAX: 613-321-2598 Emalh ~urelawver~futurelawye r.com Clicl< here for a comolete Schedule of Semlnars and A~_oearance RICHARD M. 'RICK' GEORGES Is a lawyer who serves S1~ Petersburg and all of Flodda. Rick practices In three principal a law: Real Estate, Business/Corporate and Estate Plannlng/Probat, also regulariy handles Utigation In these areas. He also serves trainer and consultant to lawyers and Judges In all Issues concerr application of technology to the practice of law. Rick has long been a proponent of the efficient use of technol, lawyers. In hls continuing efforts to disseminate information on the technologies changing the practice of law, he authors the Future L columns. Through these columns, published in ~/arfleld's Buslne 'Technolo<:¥ and In the Tampa Bay Review as well as other public~ he has covered the Intemet's legal resources, mobile computing, teleconferencing, Windows 95 and a host of other technology relat issues and topics. He has also presented seminars and other presentations on technology issues to the Florida Bar, the Americ~ Association, and many public and private entities nationwide. His experience Includes: · Cha!r of the Florida Bar Committee on Technology, (1994-1995-1996) · Member of the Florida Bar Committee on Technology (1992-Present) · Adjunct Professor al, the Florida Institute of_Te_ch__n.olo~. _ .~ (19.77-1985), Stetso i College of Law ~ ATTAChmENT C.2 College (1988-1989). · Faculty, Flodda Advanced Judicial College (1996 and 1997. · Program Chair of the _American Bnr Association's seminar · CD-ROM Technology in the Law Office' (1993). · Vice Chair of the ~ne. rican Bar Assocl~tlon's Probate and 1 Commtttee K-2 Technology and Economics (1996-Present · Appointed by the Flo~la Supreme Court to the Court Techr Usem Cornm~ (1995- present). · Named to the Advtsory Czxnmlttee of the Flortda Bar Law O Management Advlscx7 Sen4ce (LOMAS) (1995- present). · Member of the Florida Courts Technology Commission, loc known as the Court Technology Llser~ Committee (1996- I and the Trla! Court Sub. Committee of the FCTC. · Member of Intemet Advertising Committee of Florida Bar Presldenrs Task Force (1996) · Member of Special Technology Advisory Committee of the I Bar (STAC) (1~ present) · Member of Executive Council of the General Practice, Solo Small Firm Section of the Florida Bar. (1997-Present) · Editor, 'State of the Art News', of the Pmcltce Management Development Section of the Florida Bar. (1997-Pre~ent) · Member, Public Member Information Committee of the Flor (1997-Present) · Member, Practice Management Committee of the Real Prol Probate and Trust Law Section of the Florida Bar. (1996-Pr Copyrisht 01~<)7, Richard M. Ocor~s, ,MI ~',hts Rcscrvc4L U.S. Federal Law Ireland Search the Interact U.S. State Law New Zealand Anglo-American Collection ATTAChmENT D Anglo-American Law Sources Legal Journals United Kingdom Foreign & Intematlonal Law Australia Intemational Law Harvard Law School Library Canada Cyberiaw Metasltes Harvard Law School lof4 U.S. Federal Law Legislative · The Constitution of the United States (NARA) · U.S. House of Representatives: U.S. Code (searchable) · TEIOMAS Legislative Information · Congressional Universe · GPO Access Legislative Information · U.S. Senate · U.S. Rouse of Representatives · U.S. Elouse of'Representatives Interact Law LibrarT · Library of Congress · U.S. General Accounting Office · The United States Capitol Executive · U.S. House of Representatives: Code of Federal Regulations · GPO Access: NARA Code of Federal Regulations · GPO Access: Federal Register 0995, 1996, 1997) · GPO Access: Online Databases · The White House: Executive Orders · The White House · The White House: The President's Cabinet · The White House: Federal Agencies ~aad Commissions · The White House Library · FedWorld · The Viilanova Federal Web Loeator I 4J26~ 4:45 PM · The WWW Virtual Library: Executive Departments and Agencies n Judicial * Federal Courts' Home Psge * Federal Judicial Center · The Villanova Federal Court Locator · Emory Federal Courts Finder · Cornell Feder~J and State Judicial Opinions · Oyez Oyez Oyez: A Supreme Court WWW R~ource · Automated Information in the Federal Courts U.S. State Law Massachusetts · Thc Commonwealth of Massachmct~ · The General Court ortho Commonwealth of l~tssachusetU (legtdature) · M~sschusetts Department of Revenue · City of Cambridge, Massachusetts · Mass Lawyers Weekly · Yahoo: Massachusetts m Other States ' Full-text state statutes and legislation on the Internet (Scruffy) · U.S. House of Representatives: U.S. state and territorial laws · Library of Congress: State and Local Governments · Legal. Online: State Laws · Legal. Online: Court Opinions · Cornell Federal and State J'udictal Opinions · US State Tax Resources Site Seeker Legal Journals · Harvard Journal of Law and Technology · FindLaw: Law Reviews Australia · Australian Parliament · Auttrtlian Governments' Entry Point · Commonwe. nJth Government Department~ & Agencies 2of4 ATTACHMENT D.2 i HAY261998 [ · Australasian Legal Information Institute · U.S. House of Representatives: Australia Canada · Laws of Canada · Center for Public Law Research · Virtual Canadian Law Library · Legislative Assemblies of Canada · The Supreme Court of Canada · U.S. House of Representatives: Canada · Canadian Legal Resources (Alan Gahtan) · Canadian Law Resources. on the Internet 0VL Drew Jackson) Ireland * The Irish Constitution · Irish Law Page · U.S. House of Representatives: Ireland New Zealand · New Zealand Government Web Pages · NZ Parliamentary Homepage · New Zealand Government Executive · U.S. House of Representatives: New Zealand United Kingdom · Houses of Parliament Home Page · Search the UK parliament publications dalabase · House of Commons Home Page · House of Lords home page · Government Information · Welcome to Times internet space · The Law Society - swarbco database · U.S. House of Representatives: United Kingdom International Law · Harvard La~, School International Legal Studio: Foreign and International Law Resources--An Annotated Guide to Web Sites Around the World · U.S. House of Representatives: Laws of other nations · U.S. House of Representatives: Treaties and international law 3 of 4 ATTACBHENT D.3 EXECUTIVE S ,UMFu_ARY ~%UTHORIZATION TO APPROVE AN EXTENSION OF AN AGREEMENT WITH THE SOUTHEASTERN LIBP~%RY NETWORK (SOLINET) AND PERMISSION FOR CHAIRF~d~ TO SIGN A~REEM]~/TT OBJECTIVE= To approve an extension of an agreement with SOLINET, the sole source of on-line bibliographic cataloging information and inter- library loan service. CONSIDERATIONS= The Collier County Public Library has purchased cataloging and other bibliographic services (interlibrary loans, retrospective conversion, etc.) for the last nine years. SOLINET (an OCLC regional supplier) is the sole source for this service in the Southeastern U.S. Our four computer terminals are connected 24 hours per day to their main frame computer in Dublin, Ohio. The original agreement with SOLINET was approved by the BCC on April 15, 1986 and has been extended annually since then. Prices for principal use of the system remain unchanged since the extension was approved last year. All other conditions of the original agreement remain the same. CAL IMPACT: The total costs for the services provided will be roximately $40,000 in FY1998. The On-line Public Access Catalog installed in 1993 has eliminated the need to purchase catalog cards from SOLINET, reducing our annual expenditure while increasing the number of items processed. Use of SOLINET has allowed the library to process materials that would require an additional six employees (three professional catalogers and three clerical) were we still operating on a manual basis. Funds for this contract are available and budgeted within 001-156110, the Library's operating budget. GROWTH MANAGEMENT IMPACT: Level of Service Standards require that the Collier County Public Library provide 1.3 books per capita in the County's Library system. Cataloging must be provided to allow ready access to the books. Without this contract, it would be impossible to produce this cataloging without a substantial addition to the staff. RECOMMENDATION= That the Board of County Commissioners approve the extension of the agreement with SOLINET and authorize the chairman to sign the extension agreement. REVIEWED ANDJ°hn ~-Jones, irector O'PROVED BY: Thom~-s W. Olliff,~ublic Services Administ~to~ NET CONTRACT Southeastern Library Network. inc. 1438 West P~chtree Strut. N.W. Suite 200 Atlanta. Georgia 30309.2955 Telephone (404) 892-0943 Toll-Free 1-800-999-8558 FAX (404) 892-7879 TO: Director, Collier County Public Library LTl,lO) FROM: Catherine F. Nevins, Executive Director DATE: March 30, 1998 SUBJECT: Contract Extension The Bibliographic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLINET) expires May 5, 1998. The present agreement will be extended until such time as a new base contract is negotiated between SOLIArET and OCLC. Please reaffirm all of the provisions of,he existing agreement by signing both copies in the space below and returning one copy to P, honda Pollard at the SOLFNET office Please contact her if you have questions regarding the contract or this extension. EXTENSION AGREEb{ENT In consideration of the mutual undertaking contained therein, SOLINET and the undersigned institution hereby agree to extend the B~liographic Products and Services Agreement existing between them until May 5, 1999, or the date of execution of a3a~,v, Bibliographic Except for the date of termination of such agreement, SOLINET and institution h~-~by reaffirm and ratify all terms and provisions of such agreement. BOARD OF COUNTY CCMMISSIONERS OF COLLIER ~, FLORIDA By: Barbara B Berry, Chairman Da Ce: BY: A2'rEST: D~ight E. Brock, Clerk TITLE: SOL[NET (:-. ,, _. Executive Dir~nr Approved as to form and legal sufficiency: A~sistant County Attorney DATE: March 30. 1998 HAY 2 6 E98 LINET CONTRACT Southeastern Lib~ry Network. Inc. 1435 West Peachuze Suzct, N.W. Suite 2~ A~l~. ~rli~ ~0~-29SS Telcph~c (4~) 892~3 TolI-F~ 1.8~-~-~558 FAX (4~) 892-TST9 TO: FROM.: DATE: Director, Collier County Public Ijbr~r/(FNO) Catherine F. Nev~ns, Executive Director March 30, 1998 SUBJECT: Contract Extension Thc Bibliograpkic Products and Services Agreement between your institution and the Southeastern Library Network, Inc. (SOLIN'ET) expires May 5, 1998. The print agreement will be extended until such time as a new b~se contract is negotiated between SOLD'~T a~d OCLC. Please reaffirm dl of the provisions of the existing agreement by signing both copies in the space below and returning one copy to Rhonda Potlard at the SOLINBT o~ce. Please contact her if you have questions regarding the contrsct or this ex'tension. EXTENSION AGREEMENT In consideration of the mutual undertakings co£~.~[ned therein, SOLD~T and thc undersigned institution hereby agree to extend the B~llographic Products md Services Agreement roducts md Services ^greemem ~;,-,~-, .... ', · ' · her~ Btbho ra h~c F ...... caTty'g: d inststuuon he y _ $ ,.P -,- P_.Xcept Ior the us~ ~,$ ~,.. .... . · · " " ..... t reaffirm and ratify all terms and prows,ons otsucn al~;m,,~' · BO/U:tD OF ~ COP~IS~IO~IEB.S OF COLLIER ~, ~C~XD~ SOLII~T By: Bar~bara B Berry, Chairman BY:'~ ' ~"'" ' ~' - Da te: AT~EST: D~ight E. Brock, Clerk DATE: March 30_ 1998 - ~pproved as ~o fo~n an~ legal - /' sufficiency: I MAY 2 fi '~hc~as C. Palme Pg. Assistant County Attorney EXTENSION AND AMENDMENT OF AGREEMENT FOR BIBLIOG~APHIC PRODUCTS A~D SERVICES This extension and amendment of Agreement entered into this day of~~, 1991 by and between Southeastern Library - / Network, Inc., hereinafter referred to as "SOLINET," and the Collier County Board of County Commissioners, hereinafter referred to as "M~4BER." W I T N E S $ E T H: ~ER-2AS, SOLINET and ~4EMBER have previously entered an agreement dated April 29, 1986 for the provision of bibliog~..a~h~c products and services by SOLINET to the.Collier County Board of County Ccm.nissioners and the Collier County Public Library; and ~HERLAS, said Agreement specified that it would continue for a term of .three (3) years; and WHEREAS, SOLINET and M~MBER have continued to be bound by said Agreement a!thcugh no extensiDn of Agreement has previously been executed by the parties; and -O~I.~=T and M~---MBER desire to continue to be bound by the April 29, i~a6 Aqreemen~, as amended, ~ntil a new agreement is negotiated b~t';-en- , = =he parties; and W~iEREAS, ~- is beneficial to ME~{BER and the public interest as ~ell as to cOr i.'ET fo - - ', r the Agreement of Apr 1 29, 1986 to be ex=ended for a fi:~ed ~erm; and Page 1 of 3 ;~ERLAS, it is necessary to amend the Agreement of April 29, ~ 1986 to provide for said extension of this Agreement to be governe~ by Florida, not Georgia, law. NOW, THEREFORE, in consideration of the covenants and agreements provided within the said Agreement dated April 29, 1986 and those further stated herein, the said Agreement of April 29, 1986 is hereby e×tended and amended as follows: I. The Bibliographic Products and Services Agreement dated April 2 ,~1986)s hereby extended until May 5, 199Z. 2. ~,~.gn~mem%~-o~. Section 17. Section 17 of the Agreement is hereby amended to read in its entirety, as follows: "This Agreement shall be governed by, subject ~o and construed according to the laws of the ...... State of Florida." Except as expressly provided herein, said Agreement of April{~ 29, 1986.remains in full force and effect according to the teL-ms and conditions contained therein. The said terms and conditions are applicable hereto except as expressly provided otherwise herein. Page 2 of 3 iN ~4ITNESS ;~HEREOF, the undersigned, being the duly authorized representatives of the parties hereto, have ezecuted this e>:~ension and amendment of Agreement, under seal, as of the date first above %;ritten. $OUTHEASTER/~ LIBRAry NE~OR.K, a/k/a SOLINET · _- By: ~rank p. Grish~m Executive Director BOARD OF COUNTY CO~IssIONERS COLLIER COUNTY, F/~DP~IDA . By: Assistant County Attorney Page 3 of 3 EXECUTIVE SUMMARY ~J~PPROVAL OF THE ATTACHED DONATIONS RECEIVED. BUDGE-r AMENDMENT RECOGNIZING ADDITIONAL OBJECTIVE: To recognize funds received from an additional donation to the Library CONSIDERATIONS: Additional funds were received from the Friends of the Library. They will be used to purchase a replacement for a microfilm reader-printer at Headquarters Reference Department. Equipment being replaced is nearly fifteen years old and can no longer be repaired to function satis- factorily. FISCAL IMPACT: $9,100 has been received from the Friends of the L~rary GRO~rI'H MANAGEMENT IMPACT: None. RECOMMENDATION: Staff recommends Board approval of the attached budget amendment, which places the funds into the appropriate expenditure account. Oepared by: Marilyn Mdthes~ C~ntral Services Librarian / ' Approved by: \ ~ -- ~.% DATE: , ,okn W.~nes, Library DiVot Reviewed and ^pproved by: Thomas W. Olliff, Public~r:'ices Adminislrator I~AY 2 S 1~B8 N Library' Trust Fund Date prepared: May 15, 1998 612 (FUND NO.) If previously approved, BCC Agenda Date: ......... / / Item No. F~ Budget/Finance Use Only JEe BARe A.P,H. Date TO BCC YES NO Attach Executive Summary Lib. Admin. & Naples Branch ~ Cen~er T'~,e EXPENDFrURE OBJECT CODE ?6436O EXPENSE 156110 Cost Center No. EXPENDrTURE TrTLE Office E~i F~ent. BUDGET DETAIl Pro~e<::~ 'F~te INCREASE $ 9100 CURRENT BUDGET $ 5,500 Prc~ec~ No. REUSED BUDGET $ 14,600 5 5 5 Tolal $ 9100 ~er T~e EXPENDITURE OBJECT COOT Cc$! Cenler EXPENDITURE TITLE Projec~ Tif, e INCREASE $, Tota~ $_ CURRENT BUDGET Project No. REVISED BUDGET $ $, REVENUE BUDGET DETA![ _ Lib. Adm~n. G Naples Branch 156110 Co~ Ce~e~ T~Je Cos! Center No. Prc~ 3'~ REVENUE _ OBJECT COO[~ 3669OO REVENUE TITI. I~ Con:ribut ions-Private INCREASE S_ 9100 CURRENT $.. 11,000 5 Total $ 9109 Pr~ec~No. REVISED BUDGET 20,100 A'~ sm ~ur~s Funds.=__~are needed to purchase a microfilm reader.printer to replace existing equ. ipment which Nhem are fur~s avaaaUe7 runc~ are available ~:c~n an addi:ional dona:ion. REVIEW PROCES~ BUDGET DEPARTMENT: AGENCY MANAGER: FINA~C~ DEPARTMENT: CLERK OF BOARD ADMIN: INPUT BY: B.A, NO.: F~m No. C.,C004 I, ibr. ary' Trust BUDGET AMENDMENT 612 Date prep&red: May 15, 1998 If p,-evim~y approved, BCC Agenda Date: (FUND NO.) ! / Item No. REQUEST For Budget/Finance Use Only BA# BARe A.P.H. Date TO BCC YES NO Attach Executive Summary Lib. Admin. & Naples Branch EXPENSE 156110 Co~ Cent~ No. BUDGET DETAIL Projec~ No. EXPENDI'ilJRE OBJECT CODE 764360 EXPENDITURE TITLE Office Equipment INCREASE CURRENT ~ eUOGET $, 9100 $ 5,500 REVISED ].4,600 $, $ $. $ S S $, S Tc~ $ 9100 EXPENDITURE OBJECT CODE Co~ Cemer No. EXPENDITURE TITLE Proje~ T'~Je INCREASE S S S. $. T(Xal $, CURRENT BUDGET $ S, S $ Project No. REVISED BUOGET $ $ $ Lib. ;t~lmt n. Co~ Cec~er r~ REVENUE _ OBJECT CODE 3669O0 & Naples Branch REVENUE 156110 Cot4 Cer~er No. REVENUE TITI.[~ Contributions-Private BUDGET DETAIl To~al Project T~ INCREASE $.. 9100 $. $ 9100 CURRENT BUDGET Project No. REVISED eUOGET $ 20,100 $ APPROVE A PARK. EXECUTIVE SUMMARY RESIDENTIAL LEASE AGREEMENT FOR SUGDEN REGIONAL Objective: That the Board of County Commissioners approve a residential lease agreement to provide space at Sugden Park for a law enforcement officer to live in return for providing security at said park. Consideration: The Sugden Park ~ plan provides an area on the southwest comer of the park for a law enforcement officer to live onsite in order to provide added protection to the park site during non business hours. This type of plan has worked successfully with the Collier County School Board at various school sites as well as at the County fairgrounds. The County will provide said area with a mobile home pad and small parking area. Additionally the Board shall pay all electricity, sewer, water, and garbage collection. In exchange the sheritT's deputy will purchase ~he mobile home, will monitor the park, maintain said lot, and leave a visible sheriff's vehicle on the premises. The Collier County Sheriff's Department conducted a random drawing of interested candidates and a deputy was recommended. Growth Management: None Fiscal Impact: All capital fees for construction of premises have been previously budgeted and spent as part of the Sugden Park project. All utility charges are currently budgeted under the Parks and Other Property (001-156332) as part of the total Sugden Park operational COSTS. Recommendation: That the Board authorize the Chairman to sign said residential license agreement. The enclosed draft Agreement has been reviewed and approved by the County Attorney. Prepared by:. ~ "~~0_ Date: qohn Dunnuck, Operations Coordinator Department of Parks and Recreation Approved by: M~la Ramsey, Directorv Department of Parks and Recreation Reviewed and Approved by: Thomas ~tV. 6]liff, Ad~-7.~trator Division of Public Services Date: Date: ,,:~- RESIDENTIAL LICENSE AGREEMENT RESIDENTIAL LICENSE AGREEMENT, made this_ . day or: ., 19 , between BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA, whose mailing address is 3301 Tamiami Trail East, Naples, Florida 34112 (h~reinafter r~ferrecl to as the "BOARD") and JOE 5c01-r, whose address will be Sugden Regional Park, Naples, Florida 34112 (hereinafter referred to as "LESSEE"). WITNESETH WHEREAS, Board is responsible for operation and maintenance of the Sugden Regional Park, owned by and located in the County of Collier, State of Florlda, ("Park"), and WHEREAS, Board deems it advantageous to itself to hereby provide security to the Park to enter into this Agreement to license use of the subject Licensed Premises and improvements thereon to a Law Enforcement Officer with powers to arrest, as hereinafter set out and WHEREAS, the word "Licensee"as used herein refers to the Law Enforcement Officer and any members of his/her family who reside at lire Premises, and WHEREAS, "Premises" as used herein refers to the mobile home pad, its lot, its vehicle parking area, and its means of ingress/egress more particularly described and set forth in Exhibit A attached hereto and made a part hereof; and WllEREAS, Board shall not provide a mobile home nor will Board be responsible for any moving and set up costs relating thereof; and Licensee shall provide and own the mobile home; and WItEREAS, thc parties hereto hereby enter into the Agreement for certain specified lands to license certain uses upon such lands at Ibc said Park, and WIIEREAS, as used herein thc words Collier County and thc County of Collier are interchangeable and no distinction is intended or should be inferred; and WHEREAS, as used herein any pewer or authority then delegated to the Chairman of thc Board or his/her designee, may be performed on behalf of the Board by the Chairman and/or his/her designee without thc inclusion in thc respective provision hcr~in of any phrase such as the "Board's agent or designee", etc. NOW TIIEREFORE, in consideration of the Premises and the mutual covenants and promises hereinafter contained, the parties hereto hereby agree as follows: ARTICLE I TERM OF LICENSE; CANCELLATION The term of this Agreement shall be for one year. Said term sh~ll have an effective commencement date of and a termination date one year later. This license shall renew from year to ),car unless terminated according to the further terms hereof. This Agreement shall tcrmlnate immcdiatcly upon Licensee leaving the employ ora law enforcement agency. This Agreement is subject to Part II of Chapter 83, Florida Statutes. Agenda Iteg~ _ ~ o._mLc-) 7 MAY 2 6 1 t[18 pg. t'~_ ARTICLE II RENT As bargained for consideration for this Agreement, the Licensee understands that he shall use his best et'Tons to s~cure the part from vandalism during the term of his residency. This should include a daily round of the entire park property including checks of major exterior facility doors and/or windows, perform daily round of entire park property including checks of ma. jot exterior facility doors and/or windows. (???.) Any suspicious findings should be reported immediately to the Parks and Recreation Director or hi~¢r designee and any other indicated law enforcement action may be executed according to the normal discretion of the law enforcement officer. Any acts of vandalism, or the presence of'suspected vandals or trespassers on the Premises shall be handled according to normal law enforcement discretion and authority. It is the intent of this Agreement that the Licensee shall be held only to the standard of normal law enforcement procedure and no higher standard is intended to be accepted or imposed by this Agreement. At the commencement of thc Agreement, thc License: shall mcct with thc Parks and Recreation Director or his,q~er designee of the park Premises where the Premises is located, for the purpose of developing a report plan for park security and working with the Parks and Recreation Director or his/her designee in connection therewith. Written reports of's.spicious or unusual activities end action taken shall be forwarded by licensee to the Parks and Recreation Director. Licensee's failure to use his/her best ctTor~s to monitor the park and report his/her findings to the Parks and Recreation Director or his/her dcsigneee shall subject Licensee to possible termination of the Agreement. In the event of termination, the Lessee will vacate the licensed Premises thirty (30) days after the Board has provided a thirty (30) day notice to the Licensee stating that the Asreement is terminated and the Licensee has thirty (30) days to vacate. However, both parties agree that the provisions hereof shall be subordinate to Licensee's primary duties as a certified law enforcement officer appointee of CC$O. Article Xlll hereof shall apply to any notice given under this Article. ARTICLE III OCCUPANCY OF PREMISES Board hereby licenses unto the Licensee ,pon the provisions hereinafter set forth, all of ~vhich Iht Licensee accepts, Ihe Premises which shall be occupied only by the Licensee and his immediate family as a private single family residence and for no other use or purpose whatsoever. ARTICLE IV ASSIGNMENT AND SUBLETTING Licensee shall make no attempt to assign or otherwise transfer any rights to this Agreement nor sublet the Premises or any part thereof without the consent of'the Board. ARTICLE V ENTRY FOR INSPECTION, REPAIRS AND ALTERATIONS Licensee accepts the Premises "as is" in their present condition and shall make no alterations, changes or improvements to the outside Premises without the prior written consent of the Board. In the event that repairs associated with the Premises are deemed necessary, the Board will duly notify Licensee accordingly. Licensee shall allow Board fn:e access to the Premises at aH reasonable times for the purpose of examining same to investigate whether all provisions of this Agreement are being done and performed by Licensee. Board shall have the right to enter any building or stru.~ture, excluding the~mobile home -- ! Agenea i'Cem i · I I MAY 2 6 1998 residence, on the Premises at any' time in the event oran erect{ency. The ck'~'~minamioe of~n emergency shall be at the so[e discretion of Board. ARTICLE UTILITIES Licensee agrees to pay thc cable lelevision .~nd telephone consumed by him during the term ofthls Agreement. Board shall pay electricity, water and sewer charges. Board ss ill permit Licensee to use thc park dumpster for purposes of garbage and trash collection. ARTICLE VTI OBLIGATIONS OF LICENSEE The Licensee will be responsible for any conditions which ma.,,' be caused by his or her negligent or s',Tongful acts or omissions, those ora member of his family, or other person while on the Premises with Licensee's consent. The Licensee at all times during occupancy shalh A. On a weekly basis, park an easily identifiable sherilTs vehicle on the licensed Premises. Licensee must always be a Law Enforcement Of'ricer with powers of'arrest. Licensee shall maintain Ihe improvements and appurtenances thereto in a safe and habitable condition. For safe .fy reasons, Licensee shall absolutely prohibit minor members of the family or guests who are minors from going off.of'the Premises and goin~ onto any other part of the Park except when each minor is in the actual presence ora responsible adult. Licensee shall maintain the Premises and keep said Premises clean and sanitary, and maintain and care for the lawn and shrubs, and shall not allow the accumulation of materials, pans, etc., on such Premises. Remove all garbage in a clean and sanita~' manner. Keep all plumbing fixtures clean and sanita~' and in repair. Not destroy, deface, damage, impair or rtmove any pan of the Premises or property therein belonging to Board, or pem~it any person to do so. Conduct himself', and require other persons on the Premises with his consent, to conduct themselves in a manner that does not unreasonably disturb his neighbors or constitute a breach of peace. ' Use and operate in a reasonable manner -"II electrical, plumbing, sanitary, hearing. ventilating. -',ir conditioning ~nd other f'acilitics and appliances. Refrain from consuming alcoholic beverages v, hile in the public area of'thc park; however, nothing herein shall prevent Licensee, his family or o[hers from cons~ing the same within a mobile home placed on the Premises. Animals are nor. allowed on park proper:y, except fo~ guidance animals. HAY 2 6 1998 Will not sulTcr any signs on file Premises without the prior approval &the Board. Shall not keep or permit to be kept on the Premises any junk vehicle on which current registration plates are not displayed, nor shall there be any repair or extraordTnary maintenance &automobiles or other vehicles on the Premises. ARTICLE VIII OBLIGATIONS OF BOAILD Board covenants and agree~ lo only those obllgallons that are rcqulrcd by Part ]! of Chapter 83, Florida StalL,res, and which cannot be eliminated by Agreement. This Agreement shall be at no cost to the Board. ARTICLE IX WASTE AND NUISANCE Licensee agrees that hc will not commit waste on the Premises or maintain or permit to be maintained a nuisance thereon, or use or permit tbe Premises to be used in an unlawful manner. ARTICLE X REQUIREMENT OF LAW Licensee shall obseme and comply with any and all requirements orthe constituted public authorities and with all federal, state, or local statutes, ordinances, rules, regulations, and standards applicable to Licensee, including, but not limited to, rules and regulations promulgated from time-to-time or at the direction of the Board. Licensee shall be responsible for all expenses incurred as a result of Licensee, or Licensee's family, employee, agents, licenses or visitors violating the covenants &this Agreement. ARTICLE XI ~,VA IVERS A waiver by the Board ora breach of any cnvenan! or duty of Licensee trader Ibis Agrcemenl Is nol a walvcr of' a breach of any other covenant or duty of Licensee, or any subsequent breach of the same covenant or duty. ARTICLE XII END OF TERM At the termination of d~is Agreemtnt by lapse of time or otherwise, Licensee shall yield up and surrender immediate possession &the Premises to Board, and upon failure to do so Licensee shall thcreat%r be considered a trespasser. This Agreement shall not be construed as a waiver to Board of any right of re- entry as has been hereinbefore provided, nor shall the receipt ofconsideration in apparent affirmance oftbe license operate as a waiver of Board's rights to declare this Agreement terminated. The term hereby granted shall bc at an end for thc period remaining/fill unexpired by reason of any subsequent breach of any provision herein unclaimed. ARTICLE XIII DEFAULT Notwithstanding any provisions to the contrary contained in the Agreement, if default be made by Licensee in fulfilling an of the covenants ofthls Agreement, and such det'ault shall continue for a period or seven (7) days after written notice thereof from lhe Board to Licensee, provided that ir the default 4 Agend. { Ltqm HAY 2 1998 P9 complained of shall be ol'a nature that the same cannot be completely cured or remedied with a ten (I0) day period and if Liccnsce shall not have diligently commenced during such default within such ten (I0) day period, and shall not Ihereafter wilh reasonable diligence and in good faith proceed to remedy such default. ARTICLE XIV FEES AND EXPENSES If Licensee shall default in Iht observation or performance ofany term under, or by virtue of, any of the terms of provisions in any article of this Agreement, thc Board may immediately, or at any time thereafter and without notice, perform any such obligation of Licensee thereunder. If the Board, in connection therewith or in connection with any default by Licensee makes any expenditures or incurs any obligation for the payment of money, including but limited to attorneys' fees, in instituting, prosecuting or defending any action or proceeding, then such sums so paid or obligations incurred, along with interest and costs, shall be deemed an expense hereunder and shall be paid by Licensee to Board within three (3) days of rendition of any bill or statement to Licensee Ihereof. If Licensee's Agreement term shall have expired at the time of making of such expenditures or incurring of such obligations, lhen such sums shall be recoverable by Board as damages. ARTICLE XV LANDLORD LIENS Board shall have a specific lien on all personal property of Licensee brought upon the Premises at any time excluding the mobile home and its contents. The lien shall be security for the payment of damages and the performance of any obligation of Licensee, which specific lien shall be in addition to an), other "landlord's" lien as is now or may hereafter be 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. ARTICLE INTERRUPTION OF SERVICE lntern~ption or failure of any utility service to the premises, if due to causes beyond Board's control shall not constitute eviction unless Board shall fail to take such measures as may be reasonable in the circumstances to restore Ihe service without undue delay. ARTICLE XVII ABANDON~IENT If at any time during the Icrm of ti)is Agreement, Licensee abandons Iht Premises, Board may, at its option, reenter the Premises, by any means, without being liable for any prosecution therefor, and wilhout becoming liable to Licensee for damages or for any payment of'any kind whatever, lflhe Board's right to reentry is exercised following abandonment of the Premises by Licensee, then the Board may consider any personal property belonging to Licensee and lef~ on the Promises to also have been abandoned, in which case the Board may dispose ofall such personal property in any manner Board shall deem proper and is hereby relieved for all liability for so doing. ARTICLE XVIII QUIET ENJOYMENT Board covenants and agrees with l.icensee that upon Licensee perforTning all the terms, covenants and conditions, on Licensee's part to be observed and performed. Licensee may peaceably and quietly enjoy the Premises subject to the terms and conditions of'this Agreement. f Agenda I ~o._/_~ s I HAY. 2 ARTICLE XIX NON-EMPLOYMENT ACKNOWLEDGMENT AND WAIVER It is hereby acknowledged by the Licensee that he/she is not an employee of the Collier County Parks and Recreation Department and any duties imposed upon Ihe Licensee by thc terms oFthis Agreement are solely in consideration for the Agreement. Any acts performed by the Licensee that are outside the terms of this Agreement shall be considered voluntary in nature. Thc Licensee hereby waives any eligibility for Workers' Compensation benefits From the Board and holds the Board harmless From any damages to Licensee for any acts that are ot~tsidc ol'the provisions and terms or'Ibis Agreement. ARTICLE XX LICENSEE'S IMPROVEMENTS Licensee shall have thc right, subject to approval of Board, and County permitting procedures and process, to install or erect additional, structural and other improvements on the Premises, or to alter, change or make other improvements on the Premises; provided, however, that improvements do not conflict with the current use and Future development of!he Park and that all such alterations or improvements shall be commenced only after proper plans and specifications thereof have been submitted to and approved in wr/ting by Board and Collier Courtly through the permit'ting process, and Licensee has obtained in writing authorization to commence work. ARTICLE XXI WAIVER AND INSURANCE Licensee agrees to hold harmless Collier County, and their officers, agents, employees from losses, damages, claims and causes oFact/on arising solely as a result of negligence of Licensee. During the entire term of this Agreement, Licensee shall obtain and pay for a Homeowner's Liability Insurance Policy with personal liability limits ofat least $I00,000. Board will be named, if possible, as an additional insured on this insurance policy. Lessee will provide proof of this insurance within thirD, (30) days of'the execution of!Ids Agreement. Failure to comply with the provision will constitute breach of this Agreement and will be grounds for termination of the Agreement. In this event, the Lessee will violate the Premises immediately after the Board has provided a seven (7) day notice to the Lessee stating that the Agrecmen! is !crrninatcd. ARTICLE XXII GOVERNMENT INCLUSION It is fu~her covenanted and agreed that Board reserves the right to further develop and/or improve the existing Park and any additions thereto, as the Board may deem fit, w~thout heeding the desires, views or objections of Licensee and wilhout interference or hindrance. This Agreement is and shall be subordinate to the provisions ofany existing or Future agreement between Board, Collier County and/or thc United States oF America. or any' Boards, Agencies, or Commissions oFany oFthem relative to the operations of maintenance of thc Park, the execution oFwhich has been or may be required as a condition precedent to the expenditure oFFederal funds on the development oFthc Park or otherwise, and this Agreement is and will probably always be subordinate to thc license or permit oFentry which may be granted by the Secretary of Defense of the United States. 6 ARTICLE XXIII RULES AND REGULATIONS Licensee 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 Board. ARTICLE XXIV TITLE TO IMPROVEMENTS Title to all fixtures constructed or installed on the Premises by or on behalf of the Licensee shall at all times during the term of said Agreement remain in lhe Licensee. Upon termination ofthis Agreement by any means all improvements may become tile property of the Board. If'the Board does not want the improvements to become thc proper~y of the Board, the Licensee shall remove all such improvements within thirty (30) days upon receipt of' notification from the Board and restore thc ground to its original condition as of thc commencement date of this Agreement. Thc mobile home may bc offered for sale to thc Board at Licensee's option. The mobile home is not to be considered a fixture. ARTICLE XXV SURRENDER OF POSSESSION Licensee agrees to yield and deliver to Board full possession of the Premises herein at the termination of lifts Agreement, by expiration or other, vise, 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. Licensee shall have the right, within thirty (30) days after the termination hereof, to remove all of the personal propen'y on or about the Premises, subject, however, to any lien which the Board may have thereon. ARTICLE XXVI INSPECTION OF PREMISES Tile Board or its duly authorized rcprcscntatlvcs, agents, and other persons for it, may enter upon said subleased Premises, excluding thc mobile home, at any reasonable time to investigate whether or not Licensee is complying with all provisions ofthls Agreement, or for any other purpose incidental to rights or interests of Board or Collier County. AR~FICLE XXVII IIOLDING OVER Should Licensee hold over after lawful termination hereof, he shall be liable to the Board for all expenses of tile eviction process including attorney's fees. ARTICLE XXVIII NO LIENS Licensee shall pay for all labor done or materials and/or supplies furnished in the repair, replacement, development, or improvement of the Premises by Licensee or on Licensee's behalf, and shall keep said Premises and all of Licensee's interests therein free and clear of'any lien or encumbrance of any kind whatsoever created by Licensee's act(s) or omission(s). 7 ARTICLE X. XIX I IAZARDOUS SUBSTANCES No tangible property shall be kept within or on the Premises or other, vise on the Park which are explosive or hazardous, and no trade, business or occupation shall be carried on therein or thereon. ARTICLE XXX CONSTRUCTION AND SAVINGS This Agrecmcnt shall be constnled in accordance with thc laws or the State of Florida. If any provision contained in this Agreement is hcld to be invalid by any court of competent jurisdiction or othcr',vise appears to Licensee and Board to be invalid, such invalidity shall not affect thc validity of any other covenant, condition, or provision herein contained; provided, however, that the invalidity of'any such provision does not materially prejudice either Board or Licensee in its respective rights and obligations contained in the remaining valid provisions of this Agreement such shall not be unreasonably withheld. ARTICLE XXXI LAND RADIATION EMISSION STANDARDS In accordancc with Section 404.056(7), Florida Statutes, the following notification as it pertains to radon gas and the leasing of building is hcrcby stated: RADON GAS: Radon is naturally occurring radioactive gas that when it has accumulated in a building in sufficient quantities, may prescnt health risks to persons who arc cxposed to it over time. Levels of radon Ihat cxcccd fcdcral and/or stale guidelines have been found in some buildings in Florida. Additional information regarding radon and radon testing may bc obtained from the Collier County Public Hcalth Department. ARTICLE XX.XI I NOTICES All notices provided for in this Agreement shall be in writing. Any notice required to be served upon Licensee otl~er than by publication may be served upon it at: Joe Scott 3301 T,~miami Trnil East B,ildlng J Naples, FL 34112 provided, however, that if Licensee shall give notice in writing to Board of any change in either or both of said addresses, then and in such event such notice, if written, shall be given to Licensee at one of ~he substituted addresses. Any notice permitted or required to be served upon Board may be served upon it at: Collier County 3301 Tamiami Trail East Naples, FL 34112 Attention: Park & Recreation Director With copy to: Real Property Management Department 3301 Tamiami Trail East Building F/Administration - 8th Floor Naples, FL 34112 Provided, however, that if Board shall give notice in wTiting tO Licensee ofany change in said address, then in such event such notice shall be given to Board at such substituted address. Any notice s~rved by mail may b~ by rcgi~ered mail, certified mail, or regular mail. The Lessee has read the terms of'this Agreement, and has had the opportunity to have the terms of this Agreement defined or explained, and has had the opportunity to retain legal counsel of his/her own choice and at his/her expense to review the terms of this Agreement. IN WITNESS THEREOF, the parties hereto have signed this lease this ,1c) day of' ATTEST: DWIGHT E. BROCK, CLERK (print name) (print name) Approved to form (a~ ~gal sufficiency: Thomas C. Palmer Assistant County Attorney BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA By: BARBARA B. BERRY, CHAIRMAN 9 Agenda ~.teO MAY 2 IS 1,q98 //9_ w ""-' I EXECUTIVE SUMMARY APPROVAL TO AWARD BID CARPET FOR PURCHASE & COVERING # 98-2804 TO WAYNE WILES INSTALLATION OF FLOOR O_.]~]~.t..~l~: To award Bid # 98-2804 to Wayne Wiles Carpet for the purchase and installation of floor coveting. {~ONSIDERATION$: On May 6, 1998, the Purchasing Department opened and tabulated bid package; for purchase and installation of floor covering. The selection of vendor; was based on coat p~ squa~ yards, line, ar foot aml installation labor houra for specific categories. A total of' two (2) bidders respondexL Wayne Wilea Carpel was recognized for best over-all pricing. Thc bid results are listed in the attached bid tabulation sheet. A list of the most wildly used materials and pn:~duets were included in the bid packages. The manufacrarer; and categories included Karastan Bigelow - Regents Row, Milliken- Color Visions, Less Comm. Carpets - Faculty V, Shaw Industries - Netwworx, Roppe Corp.- Vinyl-base Coverings, and Mercer Products - Stair Treads. These products are utilized throughout the Cowry for repairs, remodeling and new construction. _FISCAL IMPACT: The floor coveting expenses average ~5,000 annually. Funds are budgeted in the appropriate capital projects cost centers in FY 1997-1998. GROWTH MANAGEMENT IMP.~c'r: None. RECOMMENDATION: That the Board of County Commissioners award Bid # 98- 2804 to Wayne Wiles Carpets for purchase & installation of floor coverings. HAY 2 6 1998 Executive Summary Floor Covering Bid Page Two Prepared By: ~ger T'h¢ Department of Facilifiet Management s~p-c~q,, c~ The D~~t of Facilities Management Reviewed By: 'st~t~V. c-'~']~]C'~,ir~'tor Purcha~g Depmm~ Approved By: Leo E. Ochs, Ir., Admim~s~ator ' HAY 2 6 L998 ~,~. -fi- ~o. ,,, HAY 2 6 1998 Pi{. x,---'~'' HAY 2 ~ 1998 CONTRACT pROPOSAL From: Wayne Wiles Carpets, Inc. 7851 Supply Dr., Ft. Myers, FL Date Due: _ M~y. ~ ~qg~ - Board of County Commissioners Collier County Government Center Naples, Florida 34112 RE: Bid No. 98-2804 -"Purchase & Installation of Floor Covering" Cear Commissioners: The undersigned, as bidder, hereby declares that he has examined the specifications and informed himself fully in regard to all conditions pertaining to the work to be done for Furnishing & Installing Floor Covering as per the attached specifications. The Bidder-further declares that the only persons, company or pares interested in this Proposal or the Contract to be entered into as principals are named herein; that this Proposal is made without connection with any other person, company or companies submitting a Bid or Proposal; and it is all respects fair and in good faith, w~thout collusion or fraud. The Bidder proposes and agrees, if this Proposal is accepted, to contract with the County furnish work in full, in T, omplete accordance with the attached specifications, according to the following unit prices: Manufacturer. Karastan Bigelow Product: Regents Row Installation Manufacturer: Milliken product: Color V~sions Installation Manufacturer. Lees Comm. Carpets Product: Faculty IV Installation Manufacturer. Shaw industries product Networx Madrid Installation $ 20. ~7 /square yard $ 3.5o ./square yard $_n~ ,,,-,',,, t ~ ~'~'e~-jsquare yard SNo ~ia /square yard $_Z 3.2 2 /square yard $_3.5o Jsquare yard $2 3.9 5 /square yard $_ 3.5O /square yard a. 6 foot vinyl backed roll goods Installation b. Broadloom with Enhancer 3+ Instaltation c. Broadloom with AcfionBac Installation $23.95 ~'$- 3.50 _/square yard /square yard Jsquare yard /square yard _/square yard /square yard Cove Base Manufacturer. Roppe Corp. $ .50 Product: 4" vinyl cove base Installation $_ . 30 Manufacturen Roppe Corp. $ ,8o Product: 6" vinyl cove base Installation $ .35 o /square yard /lineal foot /lineal foot /lineal foot Stair Treads 7. Manufacturer. Mercer Products Co. Inc. Product: Vinyl, 12" depth, Commercial 210, normal traffic, 36" lengths, 5/ctn. $49. oo 8. Same as item 7 except 42" length $57- ~ ~ 9. Same as item 7 except 48' length $6.5.50 10. Same as item 7 except 72' length $98.0o 11. Same as item 7 except 96' length 12. Manufacturer. Mercer Pr3ducts Co. Inc. product: Vinyl, 12' depth, Commercial 250, heavy traffic, 36' lengths, 51ctn. $59.50 13. Same as item 12 except 42' length 14. Same as item 12 except 48' length 15. Same as item 12 except 72' length 16. Same as item 12 ex.cept 96' length $69.50 ~79.00 $119.00 $158.00 /ctn /ctn Ictn /ctn /ctn /ctn lctn /ctn Ictn lctn 17. 18. Manufacturer. Mercer Products Co. Inc. Product: Rubber, 12" depth, Commercial 250, heavy traffic, 36" lengths, 5lctn. $ 79. O0 Same as item 17 except 42" length $ 92. oo 19. Same as item 17 except 48" length 20. Same as item 17 except 72' length 21. Same as item 17 except 96" length $ 105. O0 $ 158.00 $ 210.00 /ctn /ctn /ctn /ctn /ctn 22. Manufacturer. Mercer Products Co. Inc. Product: Vinyl, 12' depth, 2' abrasive safety tread, 36" lengths, 5/ctn. 23. Same as item 22 except 42" length 24. Same as item 22 except 48' length 25. Same as item 22 except 72' length 26. Same as item 22 except 96" length 72.00 84.00 96.00 143.00 $ 191.00 ;c-tn /ctn /ctn /ctn /ctn 27. Manufacturer: Mercer Products Co. Inc. Product: Rubber, 12" depth, 2" abrasive safety tread, 36" lengths, 5/ctn. 28. Same as item 27 except 42" length 29. Same as item 27 except 48" length 30. Same as item 27 except 72" length 31. Same as item 27 except 96' length 90.00' 105.00 120.00 180.00 $, 240. O0 /ctn /ctn /ctn /ctn /ctn Round Rubber Floor Tile 32. Manufacturer. Mercer Products Co. Inc. 20 pcs/44 sq ft per carton $ 180.00 /ctn /2-/ Bid tl 95-~.S04 "?urch~s¢ & Ins~llztion et' Floor Coverlnl~" Vinyl Sheet Flooring 33. Manufacturer:. Armstrong Product: Classic Codon Instaliatian 10.75 8.00 /square yard /square yard Additional Services Restretching - Remove snd re-lay 25 · oo Regular working hours 8-5 Men - Fri $ Evenings and weekends $- :30.00 Minor repairs such as stitching & earning - Regular working hours 8-5 Men- Fri $ 25 oo Evenings and weekends $_~ 3o.0o _/per Man/Hour /per Man/Hour _/per Man/Hour _/per Man/Hour Co Furniture and/or Equipment Moving Regular working hours Evenings and weekends $ 25.00 $ ao.oo d. Hourly overtime rate $_ 30.00 e. Removal of glued-down carpet $_ 25. O0 f. Removal of rubber-backed carpet $_ 25.00 g. Removal of resilient floodng $ 25.00 _/per Man/Hour /per Man/Hour _/per Man/Hour ~/per Man/Hour /per Man/Hour ./per Man/Hour Bidder is requested to offer a discount per square yard for uncut carpet per one- time delivery of product only. Discount is for product only, installation is not included. Discount will not be considered in the evaluation of this bid. -0- % discount Any discounts or terms must be shown on the Proposal Form. Such discounts, if any, will be consldered and computed in the tabulation of the bids. In no instance should terms for less than '15 days payment be offered. Prompt Payment Terns: _._2,_.% ~ Days; Net ~ Days Addenda received (if applicable): #1_ _ #2_.._._. #3_ Proposal continued on next page .... Bid # ~$-;2904 "Purcha.~ & lnstall~don or' Floor Covering" PROPOSALCONTINUED The service to be furnished by us is hereby declared and guaranteed to be in conformance with the specifications of the County. The undersigned do agree that should this Proposal be accepted, to execute the form of contract and present the same to the County Purchasing Oirector for approval within fifteen (15) days after being notified of the awarding of the Contract. The undersigned do further agree that failure to execute and deliver said forms of contract within fifteen (15) days, will result in damages to the County. IN WITNESS WHEREOF, WE have hereunto subscribed our names on this 6 day of Hay .., 1998 in the County of_ Lee , in the State of_._~. wayne wiles carpet, s, ]:nc. Firm's Complete Legal Name Check one of the following: 0 0 Sole Proprietorship Corporation or P.A. Limited Partnership General Partnership Phone No. ¢941% 267-7600 FAX No. (941) 267-9644 7851 Supply Drive Address Fort Myers, Fr. 33912 City, State, ZIP Typed and Written Signature Wayne T; '.Wiles President Title :_; EXECUTIVE SUMMARY APPROVAL TO AWARD BID # 98-2801 TO SEVERAL LOCAL HARDWARE VENDORS FOR HARDWARE AND OTHER RELATED ITEMS ~ To award Bid # 98-2801 to DireCt Supplies, McCormcll's True Value Hardware, ~lack & Axtn's, Sunshine Aec Hardwar~ and Grainger for hardwar~ supplies and rela~ed items. CONSIDERATIONS: On April 28, 1998, the Pttrchasing Department opened and tabulated bid packages for hardware and related iten~. The selection of vendors was based on percentage discounts for specific categories. A total of five (5) bidders responded. The bid results are listed in the attached bid tabulation sheet. The categories were baaod on the most commonly used materials and supplies, which included: hand/power tools, building materials, general hardware, maintenance iterns and farming supplies. DuG to the location of remote facilities and the necessity to quickly pick up parts and supplies, several vendors were cho.%'n. Whenever possible, the vendor with the greater discount would be utilized first. FISCAL IMPACT: The hardwar~ expenses average $35,000 annually. Funds ar~ budgeted in the 1997-1998 Facilities Building Maintenance Cost Center for hardware and other operational supplies. ~ROWTH MANAGEMENT I1~I~: None. ~RECOMMENDATION: That the Board of County Commissioners award Bid # 98- 2801 to Direct Supplies, McCormell's True Value Hardware, Jack & Ann's, Sunshine Ace Hardware and Graingcr for bardwar~ supplies and r~lated items. HAY 2 G m8 ! - I Executive Summary Hardware Bid Page Two The Department of Facilities Management Reviewed By: Skip C"amp, CFM, Dir~tor The Department of Facilities Managemmt --St~ph~'nxtr. Cam¢~Dire~to~'"- Purchasing Departm~t DateL .~-'///o .~_ Approved By: ~o E. O~ ~., A_d~9~to~ / Support Services Div¥,~-f Date: HAY 2 6,~998 AUTHORiZATION TO EXECUTE SATISFACTION OF LIEN DOCUMENTS FILED AGAINST REAL PROPEKTY FOK ABATEMENT OF NUISANCE AND DIRECT THE CLERK OF COURTS TO RECORD SAME IN THE PUBLIC RECORDS OF COLLIER COUNTY, FLORiDA OB. IgC'rIVE: Recommendation that the Board of County Commissioners authorize the Chairman to execute Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida CONSIDERATIONS: The Board of County Commissioners authorized the filing of Liens, for the purpose of receiving compensation for nuisance abatement on the real properly described as follows: SEE EXHIBIT Said Liens were recorded in Official Record Book of the Public Records of Collier County, Florida. The owners of said properties have paid to the Board of County Commissioners sums representing full payment of principal and interest due under .~aid Liens. Collier County has verified that said Liens have been satisfied and now requests Satisfaction of Lien documents and order the Clerk of Courts to record same in the Public Records of Collier County, Florida. FISCAL IMPAC-I': The appropriate recording fees are charged to the MSTD General Fund - Code Enforcement Admin. (I 11-13891 I). GROWTH MANAGEMENT IMPACT: None RECO,MMENDATION: That the Board of County Commissioners authorize the Chairman to execute the attached Satisfaction of Lien documents filed against real property for abatement of nuisance and direct the Clerk of Courts to record same in the Public Records of Collier County, Florida. Prepared by:~--- "5c ,',,~ ",...~ t,_%..\,. '~. Date: Pam CaI)~5, Revenue Suapervisor Reven//~. Services Department Reviewed by: ~ ~]-./.-~, 0/r.~ Date: T6re~sa A. Ri~s~n, Revenue Manager Revenue Services Department Reviewed b ,%:...,7.. ~ Date: Johr}kA. Yonk0sky, Rei,~ue Serviger'D~p,Srtment Reviewed by: ~ (~~ Date: Leo O'chs, Jr., Arm, i/r~strator Support Services Di~'ision ~._ 1/cF) 75 HAY 2-6 1998 EXHIBIT SA" IMMOKALEE LODGE NO 59, F & A. M., FOLIO #66930600006, LOT I g, THE PINE GROVE SUBDIVISION IMMOKALEE LODGE NO 59, F & A. M., FOLIO #66930600006, LOT 18, THE PINE GROVE SUBDIVISION HAY 2 13 1998 :EXECUTIVE SUMMARY INTERLOCAL AGREEMENT BETWEEN COLLIER C~,UNTY AND THE DEPENDENT & INDEPENDENT FIRE DISTRICTS FOR BASIC MEDICAL TRAINING FOR FIREFIGHTERS. ~ That lhe Board approve the intcrlocal agreement that has been developed for non-licensc, d first r¢.~pondcr fire departmcn~.~ in accordance with Florida Statute Chapter 401.35, C'ON~iDERATIOH; On July I. I003, the Stale of'Florida passed legislation, (Chapter 401.35 F.$.) which oullines lhat all non licensed first responder agencies, must take all reasonable cfi'ohs to enter imo a Memorandum of'Understanding (MOU) with the licensed EMS Provider in order to coordinate emergency services at an emergency scene. With Ihe execution of'fl~ese interlocal agreemenf.~, lhe professional standards of'basic p~tienl car(: and equipmcnf, qualily asst~rancc and documentation as defined by State of' Florida Bureau of'Emergency Medical Services and the Collier County EMS Department as the liccnsed medical provider, will be achieved. The f'oIIowing fire departments have colored inlo a Memorandum of'Understanding with Collier County EMS Department: Ochnpee Fire District. Isles oFCapri Fire Districl, Norlh Naples Fire District, Big Cnr'kscrcw Islnnd Fire District. C'ily o£Naplcs Police and Emergency Services Department and City of'Marco Island Fir(: DepanmcnL _F'ISC[A i. I,M I'A~T_ The Memorandum ol' Undcr.~landing training program. Fund 490- 14464 I. is fi~nded by the participating Fire Districts wi~h a program cost o~$$2,556. The allocalion melhod for the MOU program was chosen by the Fire Districts in 1994. The b.dgcled appropriations for the MOU program amount to $34,100 with budgeted reimbursements of'$34,100 from Cily of'Naples Police and Emergency Services, City of' Marco Fire Depar'~ment. Ochopee Fire District and Isles of'Capri Fire District. Additional parficipalion for North Naples Fire District. and Big Corkscrew Island Fire District will increase bt~dgcled program appropriation by $1g,456 to $52,556. ~;ROWTilMANAGEMENTIMP~: None RF, C.,O~!MENI)^TION' That the Board otCounly Commissioners approve the Inter local agreemenls belwecn Collier Co. nty and thc Ochopee Firc District. Isles otCapri Fire District. North Naples Fire District. Big Corkscrew Island Fire Dis~ricL City oFNaples l)oli~ and Emergency Se~ces Depanmenl and Cily of Marco Island Fire Depa~ment and as~ciated budget amendmenls m recognize and appropriate the additional revenue. SUBMI~ED BY~~~~~ , Date: Commander ~t'il~a' Training REVIEWED BY: ~' ~X. D~,e: L~o Ochx~dm}ni~ rarer !NTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT dated this ... day of , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the Isle of Capri Municipal Fire Services Taxing District, created by County Ordinance No. 78-49, as amended, hereinafter referred to as 'Fire District." WITNESSETH: WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A. DISPATCH PROCEDURE: Since the Fire District Operates on Collier County Sheriff's Off~ce control channel, the parties shall operate under existing Collier County Sheriff's Office dispatched procedures also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the Fire District must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of Transportation First Responder training course. (Proof of course completion is required); and (b) successfully complete tn AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). HAY 1998 Responders, upon arriving at a scene and deeming that the scene is safe, will begin patienl care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the 'Medical Director''). copy of the guidelines is attached as Exhibit A. D. QUALITY ASSURANCE. (NON DISCIPLINARY) I . A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator'') and Medical Director on a monthly basis using the computer hardware, software and run report. Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department Station, will be the responsibility of lhe Fire District. A 2. The Basic Life Support Coordinator will conduct a three-part quality assurance review: a. 100% quality assurance review using specially designed computer software developed by the Emergency Medical Services Department and the County's software company 0 Individual run report review by Basic Life Support Coordinator or Medical b D~rector O F~eld evaluation where the Basic Life Support Coordinator and/or the Medmal Director randomly respond to calls without notice to the Fire District. If the computer program determines Ihal there is a deviation from the procedures and guidelines attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B. 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison shall assure that the individual First Responder receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but would be considered poor clinical treatment or decision making. All Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned F~re District liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4. Provides a means for communication between individual first Responder and Basic Life Support Coordinator. E IN-SERVICE 'PROGRAM. The in-service program provides face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Six in-services a year HAY 1998 ....... ,,,~ ,-.~u~c~ ~iallons, see Exhibit C attached. Scheduling of in- services will be done in conjunction with the Fire District. The in-services will follow the DOT/EMT-B first responder curriculum and will contain both didactic and hands, on skill evaluation. Only three absences per First Responder will be allowed in a two.year period. Failure to meet this requirement will mean immediate suspension of theI~ individual First Responder's ability to work under the roles and responsibilities of a first responder. Actions of this type will involve the Fire District chain of Command. After suspension, an individual First Responder may regain the status of a first responder only after completing a written exam and a scenario-based evaluation by the Medical Director. In order to enhance the training program, the Fire District will identify one person to act as the liaison to the Basic Life Support Coordinator and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinalor. G. DOCUMENTATION. meeting the necessary qualifications will enter the appropriate information into the compuler and properly complete Ihe run report. The County shall assure that the computer is designed to aulomalically upload lhe information via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The First Responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from lhe provision of service rendered. All basic life support run reports are confidential medical confidential medical information and shall be handled consistent with federal and state legislation. Upon completion of a medical call, the First Responder H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval pdor to purchase by the Medical Director. This will create a system which provides for the standardization of all basic life support medical equipment throughout the nine area fire departments. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. The Fire District shall pay the sum of $ 347.81 by October 31, 1997 to Collier County as a reimbursement towards operational expenses. This Agreement will commence on October 1, 1997 and shall be filed with the Department of Health and Rehabilitative Services, Office of Emergency Medical Services. 1317 Winewood Blvd., Tallahassee, Florida 32399-0700, where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30, 1998. IN WITNESS WHEREOF. this Agreement was executed this ,,~ day of~'c-~z',~.,¢,~_. 1997 by the undersigned. DATED: ATTEST: DWIGHT E. BROCK. Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: BY: Deputy Clerk Diane B. Flagg, Chief Emergency Services Department Emilo Rodriguez, (~hief Isle of Capri Fire Department Barbara B. Berry. Chairman Collier County Board of County Commissioner as EX-Officio Governing of the Isle of Capri Municipal Fire Service Taxing District BY: Robert B. Tober, Medical Director Emergency Medical Services Department Approved as to form and legal sufficiency Heidi F.-~shton, AsSistant ~"ounty Attorney HAY 1998 To: Rod Rodriquez, Chief MEMORANDUM I Date: September 18, 1997 From: Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training All classes will be from 0900 - 1200 hrs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. / 4 - 6 Scenarios / Written Test November 1997 'BOOM" ... Explosion Scenario - real time mock up with hazmat and decon. Janua~ 1998 The Management of Chest Pain & SOB by the EMT- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Recert. / 4-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EMT - B's, scenario based training. Quick review of heat Emergencies & Drowning July 1998 199E HIV-HBV update- Mandatory for State Recert!!!! Do Not Miss This One. September 1998 Airway Management Skills Station Loc: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 SAED Recert. / 4-6 Scenarios / Written, OB emergecnies in the field ..... delivering under less than optimal conditions. The resuscitation oh neonates and infants. Exhibit C INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT dated this day of , by and between Collier County, a political subdivision of the Slate of Florida, hereinafter referred to as "County" and the 'City of Naples.' WITNESSETH: WHEREAS, this Agreement is being entered into between the County and the City of Naples for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A DISPATCH PROCEDURE: Since the City of Naples uses its own Dispatch Center, the parties shall operate under the current dispatch procedures. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the City of Naples must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of Transportation First Responder training course. (Proof of course completion is required); and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion ~s required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All first responders, upon arriving at a scene and deeming that the scene is safe, will begin patient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). A copy of the guidelines is attached as Exhibit A. HAY 1998 D. QUALITY ASSURANCE. 1 . A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the computer hardware, Reports and the appropriate computer hardware, software and run report. Run if unavailable at a co-located EMS/Fire EMS Department Station, will be the responsibility of the City of Naples. 2. The Basic Life Support Coordinator will conduct a three-part quality assurance review. a, 100% quality assurance review using specially designed computer software developed by the Emergency Medical Services Department and the County's software company. Indiwdual run report review by Basic Life Support Coordinator or Medical Director. C. Field evaluation where the Basic Life Support Coordinator and/or the Medical Director randomly respond to calls without notice to the City of Naples. If the computer program determines that there is a deviation from the procedures and guidelines attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B. 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support 2 Coordinator and the Medical Director in conjunction with the assigned City of Naples liaison shall assure that the individual First Responder receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but would be considered poor clinical treatment or decision making. All Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned City of Naples liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4 ' Provides a means for communication between individual first responder and Basic Life Support Coordinator E IN-SERVICE PROGRAM. The in-service program provides face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Six in-services a year will be offered at the City of Fire Departments Stations, see Exhibit C attached. Scheduling of lhe in-services w;ll be done in conjunction with the City of Naples Fire Department. The in-services will follow the DOT/EMT-B first responder curriculum and will contain both didactic and hands-on skill evaluation. Only three absences per First Responder will be allowed in a two-year period. Failure to meet this requirement will mean immediate suspension of the individual First Responder's ability to work under the roles and responsibilities of a first responder. Actions of this type will involve the City of Naples Fire Department Chain of Command. After suspension.~._an individual 3 written exam and a scenario-based evaluation by the Medical Directs. In order to enhance the training program, the City of Naples will identify one person to act as the liaison to the Basic Life Support Coordinator and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinator. G. DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will enter the appropriate information into the computer and properly complete the run report. The County shall assure that the computer is designed to automatically upload the information via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The first responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from the provision of service rendered. All basic life support run reports are confidential medical information and shall be handled consistent with federal and state legislation. H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval prior to purchase by the Medical Director. This will create a sys;em which provides for the standardization of all basic life support medical equipment throughout the nine area fire depa,'lments. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the responsibility of the City of Naples. J. The City of Naples shall pay the sum of $10,747.15 by October 31, 1997 lo Collier County as a reimbursement towards operational expenses. This Agreement will commence on October 1, 1997 and shall be filed with the Department of Health and Rehabilitative Services, Office of Emergency Medical Services, 1317 Winewood Blvd., Tallahassee, Florida 32399-0700, where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30, 1998. IN WITNESS WHEREOF, this Agreement was executed this day of 1997 by the undersigned. DATED: ATTEST: DWIGHT E. BROCK, Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: Deputy Clerk Tara A.~Norma~n, Cit"y'~lerk _ '/ Dr. Robert B. Tober, IV~dical Director Barbara B. SerryChairman Appro~ved as to le~3al form, and content As~st. County Attorney Approved as to legal form and content 5 AG,[ t~tC)A HAY ~ 1998 To: Date: From: MEMORANDUM Kevin Rambosk, Chief Naples Police & Emergency Services Department '$ 2.' 250 September 18, 1997 Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training Ail classes will be from 0900 - 1200 hrs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. / 4 - 6 Scenarios I Written Test November 1997 'BOOM' ... Explosion Scenario - real time mock up with hazmat and decon. January 1998 The Management of Chest Pain & SOB by the EM'r- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Recert. / 4-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EMT - B's, scenario based training. Quick review of heat Emergencies & Drowning July 1998 1998 HIV-HBV update- Mandator~ for State Recert!!!! Do Not Miss This One. September 1998 Airway Management Skills Station Lec: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 SAED Recert. i 4-6 Scenarios I Written, OB emergecnies in the field ..... delivering under less than optimal conditions. The resuscitation oh neonates and infants. Exhibit C INTERLOCAL AGREEMENT THIS INTERLOCAL AGREEMENT dated this , , day of , by and between Collier C.ounty, a political subdivision of the State of Florida, hereinafter referred to as "County" and the Big Corkscrew Island Fire Control and Rescue District, created by Special Act of the legislature in the Laws of Florida 77-535, hereinafter referred to as 'Fire District" WITNESSETH: WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the document~ion required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A. DISPATCH PROCEDURE: Since the Fire District Operates on Collier County Sheriff's Off~ce control channel, the parties shall operate under existing Collier County Sheriffs Office dispatched procedures also referred to as the Collier County Fire Chiefs Communication Manual B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the Fire District must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of TranspOrtation First Responder training course. (Proof of course completion is required); and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). HAY 2, C, FIRST RESPONDER RULES AND RESPONSIBILITIES: All first, lb responders, upon arriving at a scene and deeming that the scene is safe, will begi patient care, if needed, following the guidelines set forth by the Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). A copy of the guidelines is attached as Exhibit A. D. QUALITY ASSURANCE. (NON DISCIPLINARY) I . A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the computer hardware, software and run report. Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department Station, will be the responsibility of the Fire District. 2 The Basic Life Support Coordinator will conduct a three-pad quality assurance review a 100% quality assurance review using specially designed computer software developecl by the Emergency Medical Services Department and the County's software company b. Individual run report review by Basic Life Support Coordinator or Medical Director. c. Field evaluation ,vhere the Basic Life Support Coordinator and/or the Medical Director randomly respond to calls without notice to the Fire District. If the computer program determines that there is a deviation from the procedures and guidelines attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B. 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative impact on {he patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison shall assure that the individual First Responder receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but would be considered poor clinical treatment or decision making. Ali Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4 Provides a means for communication between individual first responder and Basic Life Support Coordinator. E IN-SERVICE PROGRAM. The in'service program provides face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Six in-services a year will be offered at the Fire Districts Stations, see Exhibit C attached. Scheduling of inservices will be done in conjunction with Fire ~. /~,~h, .(.f5 . MAY 998 The in-services will follow the DOT/EMT. B first responder curriculum and will contain both didactic and hands-on skill evaluation. Only three absences per Fi~ Responder will be allowed in a two-year period. Failure to meet this requirement will mean immediate suspension of the individual First Responder's ability to work under the roles end responsibilities of a first responder. Actions of this type will involve the Fire District chain of Command. After suspension, an individual First Resp~nder may regain the status of a first responder only after completing a written exam and a scenario-based evaluation by the Medical Director. In order to enhance the training program, the Fire District will identify one person to act as the liaison to the Basic Life Suppod Coordinator and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinator. · DOCUMENTATION. Upon completion of a medical call, the First RespondO G meeting the necessary qualifications will enter the appropriate information into the computer and properly complete the run report. The County shall assure that the computer is designed to automatically upload the reformation via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The first responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from the provision of service rendered. All basic life support run reports are confidential medical confidential medical information and shall be handled consistent with federal and state legislation. H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval prior to purchase by the Medical 4 Director. This will create a system which provides for the standardization of all basic life support medical equipment throughout the nine area fire departments. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. The Fire District shall pay, the sum of $1,873.50 by October 31, 1997 to Collier County as a reimbursement towards operational expenses, and by each October 31, thereafter, the Fire District shall pay a sum equal t~e percentage of the total operational expenses, of the nine Fire Departments, which sum shall be mutually agreed upon by the County and the Fire District. Th~s Agreement will commence on October 1, 1997 and shall be filed with the Department of Health and Rehabilitative Services, Office of Emergency Medical Services, 1317 Winewood Blvd., Tallahassee, Florida 32399-0700, where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30, 1998. IN WITNESS WHEREOF, this Agreement was executed this day of 1997 by the under,~igned. DATED: ATTEST: DWIGHT E. BROCK, Deputy Clerk BY: Deputy Clerk Diane B. F!a'gg,'~hief · ,' Emergepcy Servi~----~ Department /k. F~andy L~::~, Chairman / Big Cork Screw Island Fire District BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: Barbara B. Berry Chairman Collier County Robert B. Tober, ..Me~_ ~cal Director Emergency Medical Services Department Approved as to,form and legal sufficiency Heioi F. Ashton, Assistant County Attorney 5 | To: Frank Kovorik, 'Chief MEMORANDUM Date: September 18, 1997 From: Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training All classes will be from 0900 - 1200 hfs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. / 4 - 6 Scenarios / Written Test November 1997 "BOOM" ... Explosion Scenario - real time mock up with hazmat and decon. January 1998 The Management of Chest Pain & SOB by the EMT- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Recert. / 4-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EMT - B's, scenario based training. Quick review of heat Emergencies & Drowning July 1998 199~J HIV-HBV update- Mandatory for State Reced!!!! Do Not Miss This One. September 1998 Airway Management Skills Station Lec: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 SAED Recert. / 4-6 Scenarios / Written, OB emergecnies in the field ..... delivering under less than optimal conditions. The resuscitation oh neonates and infants. Exhibit C I MAY b 199 J' ! ",. !NTERI, OqAL AGREEMENT THIS INTERLOCAL AGREEMENT dated this day of , by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the Ochopee Fire Control District, created by County Ordinance No. 75-6, as amended, hereinafter referred to as 'Fire District.' WITNI~$SETH; WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE, in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A. DISPATCH PROCEDURE: Since the Fire District Operates on Collier County Sheriff's Office control channel, the parties shall operate under existing Collier County Sheriff's Office dispatched procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the Fire District must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of Transportation First Responder training course. (Proof of course completion is required); and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All first responders, upon arriving at a scene and deeming that the scene is safe, will begi~t~ patient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). A copy of the guidelines is attached as Exhibit A. D. QUALITY ASSURANCE. (NON DISCIPLINARY) 1 . A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the computer hardware, software and run report. Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department Station, will be the responsibility of the Fire District. 2. The Basic Life Support Coordinator will conduct a three-part quality assurance review: a. 100% quality assurance review using specially designed computer software developed by the Emergency Medical Services Department and the County's software company. b. Individual run report review by Basic Life Support Coordinator or Medical Director. c. Field evaluation where the Basic Life Support Coordinator and/or the Medical Director randomly respond to cells without notice to the Fire District. If the computer prcgram determines that there is a deviation from the procedures and guidelines attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B. MAy,.t,G, L998 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1' Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison shall assure that the individual First Responder receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the patient, but would be considered poor clinical treatment or decision making. All Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with assigned Fire District liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4 ' Provides a means for communication between individual first responder and Basic Life Support Coordinator. E IN-SERVICE PROGRAM. The in-service program provides face to face Iraining for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Six in-services a year will be offered at the Fire Districts Stations, see Exhibit C attached. Scheduling of in- services will be done in conjunction with the Fire Districts. The in-services will follow the DOTIEMT-B first responder curriculum and will contain both didactic and hands-on skil~l evaluation. Only three absences per First Responder will be allowed in a two-year period. Failure to meet this requirement will mean immediate suspension of the individual First Responder's ability !0 work under the roles and responsibilities of a first responder. Actions of this type will involve the Fire District chain of Command. After suspension, an individual First Responder may regain the status of a first responder only after completing a w"ritten exam and a scenario-based evaluation by the Medical Director. In order to enhance the training program, the Fire District will identify one person to act as the liaison to the Basic Life Support Coordinator and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinator. G DOCUMENTATION. Upon completion of a medical call, the First Res meeting the necessary qualifications will enter the appropriate information into the computer and properly complete the run report. The County shall assure that the computer is designed to automatically upload the information via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The first responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from the provision of service rendered. All basic life support run reports are confidential medical confidential medical information and shall be handled consistent with federal and state legislation. 4 H. EQUIPMENT. All basic life support medical equipment, not on the Standardized Equipment List shall receive approval prior to purchase by the Medical Director. This will create a system which provides for the standardization of all basic life support medical equipment throughout the nine area fire departments. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the mspons~ility of the Fire District. J. The Fire District shall pay the sum of $ 3,575.20 by October 31, 1997 to Collier County as a reimbursement towards operational expenses. This Agreement will commence on October 1, 1997 and shall be filed with the Department of Health and Rehabilitative Services, Office of Emergency Medical Services, 1317 Winewood Blvd., Tallahassee, Flodda 32399-0700, where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30, 1998. IN WITNESS WHEREOF, this Agreement was executed this day of 1997 by the undersigned. DATED: ATTEST: DWIGHT E. BROCK, Deputy Clerk BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: BY: BY: Deputy Clerk Diane B. Flag~).,,Chief Emergency Services Department Barbara B.i~erry Chairman Collier County Board of County Commissioner as EX-Officio Governing of the Isle of Capri Municipal Fire Service BY: '/"'~/ Robed B. Tober/'~ledical Director Emergency Medical Services Department Vince Doerr, Chief Ochopee Fire Department Appr. oved as t.o form and legal sufficiency He~-di F~ Ash{on, l~ssistant County Attorney To: Vince Doerr, Chief MEMORANDUM Date: September 18, 1997 From: Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training All classes will be from 0900 - 1200 hrs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. / 4 - 6 Scenarios i Written Test November 1997 'BOOM" ... Explosion Scenario - real time mock up with hazmat and decon. January 1998 The Management of Chest Pain & SOB by the EMT- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Recert. / 4-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EMT - B's, scenario based training. Quick review of heat Emergencies & Drowning July 1998 1998 HIV-HBV update. Mandatory for State Recert!!!! Do ,Not Miss This One. September 1998 Airway Management Skills Station Lec: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 SAED Recert. 14-6 Scenarios I Written, OB emergecnies in the field ..... delivering under less than optimal conditions. The resuscitation oh neonates and infants. Exhibit C INTERLOCAL A~REEMENT_ THIS INTERLOCAL AGREEMENT dated this _ . day of and between Collier Count~,, a political subdivision of the State of Florida, referred to as "County" and the City of Marco Island , by hereinafter hereinafter referred to as 'City WITHESSETH; V'~clEREAS, this Agreement is being entered into between the County and the City for the purpose of establishing dispatch protocols, roles and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW, THEREFORE. in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A. DISPATCH PROCEDURE: Since the City operates on Collier County Sheriff's Office control channel, the parties shall operate under existing Collier County Sheriff's Office dispatch procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the City must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of Transportation First Responder training cour. se. (Proof of course completion is required); and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPONDER ROLES AND RESPONSIBILITIES Ali first responders, upon arriving at a scene and deeming that the scene is safe, will begin patient care, if needed, following the guidelines set forth by the Collier County Emergency Medical Services Medical Director (the "Medical Director''). A copy of the guidelines is attached as Exhibit A D. QUALITY ASSURANCE. (NON DISCIPLINARY) 1 . A quality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical D~rector on a monthly basis using computer hardware, software and run reports Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire Department Station, will be the responsibility of the City. 2 The Basic Life Support Coordinator will conduct a three-part quality assurance review a. 100% quahty assurance rewew using specially designed computer software developed by the Emergency Medmal Services Department and the County's software company. b Director. C. Individual run report review by Basic Life Support Coordinator or Medical Field evaluahon where the Bas,c L~fe Support Coordinator and/or the Medical Director randomly respond to calls without nohce to the Fire Distr,ct If the computer program determines that there is a dev,at~on from the procedures and guidelines altached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in the form of Exhibit B 2 3. The quality assurance worksheet classifies quality assurance concerns in the following categories Level 1: Constitutes a serious breach of protocol and/or has a negative ~mpact on the patient's prognosis All Level 1 con~.erns will be rewewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned City liaison shall assure that the individual First Responder receive additional training and education Level 2: Constitutes a breach of protocol whicl~ I~ad m~mmal or no impact on the pahent. but would be considered poor clinical treatment or decision making. All Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction w~th the assigned City liaison wdl assure that the Indsvidual First Responder receive additional training and education Level 3: Constitutes a minor protocol dewat~on Ail Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4 · Provides a means for communication between ~ndiwdual firefighter and Basic Life Support Coordinator E IN-SERVICE PROGRAM The in-service program provides face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Twelve in-services a year will be offered at the City station, see Exhibit C attached Scl~eduling of in-services HAY &'6 1998 ! will be done in conjunction with the City Liaison. The in-services will follow lhe DOT/EMT-B first responder curriculum and will contain both didactic and hands-on skill evaluation Only three absences per First Responder w~II be allowed [na two-year period. Failure to meet this requirement will mean ,mmediate suspension of the individual First Responder's ability to work under the roles and resi:x:x'ts~bd~tles of a first responder. Action of this type will involve the City Fire Departme~ cha~ of command After suspension, an individual First Responder may regain the status o{ a first responder only after completing a written exam and a scenario-based evaluat,3n by the Meal,cai D~rector In order to enhance the training program, the C,ty ,.nll KJent,-fy (:x3e person to act as the liaison to the Basic L~fe Support Coordinator and the Meal,cai D~rector F Automatic External Defibrillator (AED) TRAINING AED tra,nmg wdl be completed every s~x months through the regularly scheduled in-service program All record keeping and quality assurance wdl also be handled by the Basic Life Support Coordinator O DOCUMENTATION Upon completion of a medical call, the F~rst Responder meeting the necessary qualifications will enter the appropriate information into the computer and properly complete the run report. The County shall assure that the computer is designed lo automat,cally upload the information via mo, dem into the main data base located al Collier County Emergency Medical Services at a pre-designed time. The first responder shall provide the information to the EMS Paramedic team verbally and forward a completed basic life support run .report to the office of the Basic L,fe Support coordinator within 24 hours from the provision of service rendered All basic life support run reports are confidential medical confidential medical information and shall be handled consistent with federal and state legislation. H. EQUIPMENT, All basic life support medical equipment, not on the Standardized Equipment List shall receive approval prior lo purchase by the Medical Director. This will create a system which prowdes for the standardization of all basic life support medical equipment throughout the nine area fire departments I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the responsibdity of the Fire District. J. The City shall pay the sum of $ 11,773.72 by October 31. 1997 to Collier County as a reimbursement towards operational expenses This Agreement will commence on October 1. 1997 and shall be filed with the Department of Health and Rehabihtative Services Office of Emergency Medical Services. 1317 Wmewood Blvd. Tallahassee Florida 32399-0700. where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30. 1998. IN WITNESS WHEREOF. this Agreement was executed this day of 1997 by the undersigned DATED ATTEST: DWIGHT,,E. BROCK. Deputy Clerk Harry Cowin, Chairman ..__Cit,y of Marco Island Diane B Flagg.-..~. h,ef Emergency Serv~'e$ Department ~d Fire-Re~cue BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA BY: Barbara B. Berry. Chairman Colher County Board of~ Robert B Tober. ~ledf~al D,rector Emergency Meal,cai Serv,ces Department Approved as to, form and legal sufPciency ,:'t Heidi F.'Ashton. Assistant County Attorney BY: Charles McCool Interim City Manager Approved as to form and legal sufficiency . / Interim City Attorn~ MEMORANDUM OFFICE CF THE COUNTY AT · L,';.;~,'. ~ To: Ed Dwyer, Chief Date: September 18, 1997 From: Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training All classes will be from 0900 - 1200 hrs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. 14 - 6 Scenarios / Written Test November 1997 'BOOM" ... Explosion Scenario - real time mock up with hazmat and dec, on. January 1998 The Management of Chest Pain & SOB by the EMT- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Rec..ed. 14-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EM'i - B's, scenario based training. Quick review of heat Emergencies & Drowning July 1998 1998 HIV-HBV update'- Mandatory for State Recert!!!! Do Not Miss This One. September 1998 Airway Management Skills Station Lec: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 The resuscitation oh neonates and infants. Exhibit C SAED Recert. 14-6 Scenarios / Written, OB emergecnies in the field ..... delivering unde,' less than optimal conditions. INTI~RLOCAL Aq;REEMEN? THIS INTERLOCAL AGREEMENT dated this _ day of ., by and between Collier County, a political subdivision of the State of Florida, hereinafter referred to as "County" and the North Naples Fire Control and Rescue District, created by Special Act of the legislature in the Laws of Florida 65-2032, hereinafter referred to as 'Fire District" WITNES,~ETH; WHEREAS, this Agreement is being entered into between the County and the Fire District for the purpose of establishing dispatch protocols, rules and responsibilities of first responder personnel in an emergency scene and the documentation required for patient care rendered pursuant to Section 401.435, Florida Statutes. NOW. THEREFORE. in consideration of the mutual covenants provided herein and other valuable consideration, the parties agree as follows: A. DISPATCH PROCEDURE: Since the Fire District Operates on Collier County Sheriff's Office control channel, the parties shall operate under existing Collier County Sheriff's Office dispatched procedures, also referred to as the Collier County Fire Chiefs Communication Manual. B. FIRST RESPONDER QUALIFICATION: To be eligible to perform as a first responder, an individual under the employment of the Fire District must (a) successfully complete at a minimum a course which meets or exceeds the 1979 U.S. Department of Transportation First Responder training course. (Proof of course completion is required); and (b) successfully complete an AHA CPR Basic Life Support Course C or ARC CPR Basic Life Support for professional rescue. (Proof of course completion is required). C. FIRST RESPONDER RULES AND RESPONSIBILITIES: All first responders, upon arriving at a scene and deeming that the scene is safe, will begin patient care, if needed, following the guidelines set forth by The Collier County Emergency Medical Services Department Medical Director (the "Medical Director"). A copy of the guidelines is attached as Exhibit A. D. QUALITY ASSURANCE. (NON DISCIPLINARY) 1 . A c~uality assurance program will be conducted by the Collier County Basic Life Support Coordinator (the "Basic Life Support Coordinator") and Medical Director on a monthly basis using the computer hardware, software and run report. Run Reports and the appropriate computer hardware, if unavailable at a co-located EMS/Fire EMS Department Stahon, will be the responsibility of the Fire District. 2 The Basic Life Support Coordinator will conduct a three-part quality assurance review: a. 100% quality assurance review using specially designed computer software developed by the Emergency Medical Services Department. b. Individual run report review by Basic Life Support Coordinator or Medical Director. C. Field evaluation ,,,,'here the Basic Life Support Coordinator and/or the Medical Director randomly respond to calls without notice to the Fire District. If the computer program determines that there is a deviation from the procedures and guidelines attached in Exhibit A, the Basic Life Support Coordinator shall complete a quality assurance worksheet in Ihe form of Exhibit B. HAY 1998 3. The quality assurance worksheet classifies quality assurance concerns in the following categories: Level 1: Constitutes a serious breach of protocol and/or has a negative impact on the patient's prognosis. All Level 1 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison shall assure that the individual First Responder receive additional training and education. Level 2: Constitutes a breach of protocol which had minimal or no impact on the'patient, but would be considered poor clinical treatment or decision making. All Level 2 concerns will be reviewed by the individual First Responder together with the Basic Life Support Coordinator. The Basic Life Support Coordinator and the Medical Director in conjunction with the assigned Fire District liaison will assure that the individual First Responder receive additional training and education Level 3: Constitutes a minor protocol deviation. All Level 3 quality assurances shall be considered minor and shall be handled through confidential interdepartmental mail. Level 4 ' Provides a means for communication between individual first responder and Basic Life Support Coordinator. E . IN-SERVICE PROGRAM. The in-service program provides face to face training for First Responder. In-services will be mandatory for all personnel whose role and responsibilities will be or could be that of a first responder. Six in-services a year 3 wdl be offered at the Fire Districts Stations, see Exhibit C attached. Scheduling of in- services will be done in conjunction with the Fire District. The in-services will follow the DOTtEMT-B first responder curriculum and will contain both didactic and hands-on skill evaluation. Only three absences per First Responder will be allowed in a two-year period. Failure to meet this requirement will mean immediate suspension of the individual First Responder's ability to work under the roles and responsibilities as a first responder. Actions of this type will involve the Fire District chain of Command. After suspension, an individual First Responder may regain the status of a first responder only after completing a written exam and a scenario-based evaluation by the Medical Director. In order to enhance the training program, the Fire District will identify one person to act as the liaison to the Basic Life Support Coordinator and the Medical Director. F. Automatic External Defibrillator (AED) TRAINING. AED training will be completed every six months through the regularly scheduled in-service program. All record keeping and quality assurance will also be handled by the Basic Life Support Coordinator. G. DOCUMENTATION. Upon completion of a medical call, the First Responder meeting the necessary qualifications will enter the appropriate information into the computer and properly complete the run report. The County shall assure that the computer is designed to automatically upload the information via modem into the main data base located at Collier County Emergency Medical Services at a pre-designed time. The first responder shall provioe the information to the EMS Paramedic team verbally and forward a completed basic life support run report to the office of the Basic Life Support coordinator within 24 hours from the provision of service rendered. All basic life support run reports are confidential medical confidential medical information and shall be handled consistent with federal and state legislation. H. EQUIPMENT. Ali basic life support medical equipment, not on the Standardized Equipment List shall receive approval prior to purchase by the Medical Director. This will create a system which provides for the standardization of all basic life support medical equipment throughout the nine area fire departments. I. NOTIFICATION OF EXPOSURE TO INFECTIOUS DISEASES. Upon notification, the treatment procedures shall be the responsibility of the Fire District. J. The Fire District shall pay the sum of $ 24,238.98..by October 31, 1997 to Collier County as a reimbursement towards operational expenses. This Agreement will commence on October 1, 1997 and shall be filed with the Department of Health and Rehabilitative Services, Office of Emergency Medical Services, 1317 Winewood Blvd., Tallahassee, Florida 32399-0700, where it will be retained as part of the Collier County EMS Department License file. This Agreement will expire on September 30, 1998. · IN WITNESS WHEREOF, this Agreement was executed this day of 1997 by the undersigned. DATED: BOARD OF COUNTY COMMISSIONERS ATTEST: COLLIER COUNTY, FLORIDA DWIGHT E. BROCK, Deputy Clerk BY: Deputy Clerk Diane B. Flag~,'Chief Emergency Se~ices Department BY: ~ ' Ed Maguire~~an North Naples Fire District BY: ba hairman Bar ra B.BerrO Collier County Board'of County Robert B. Tober,.,~.dr-~! Director . Emergency~cal Services Department /~obin, Chie~e~ /Approved as to for~ and legal sufficiency - H~idi F. Ashton, Assistant County Attorney HAY , 98 To: Jim Tobin, Chief MEMORANDUM OFFICE O: 7[;E' COUNT ' ,.,, ,., .... L.: Date: September 18, 1997 From: Helen Ortega, Captain/BLS Coordinator Emergency Medical Services Department Ref: 1997 - 98 MOU Training All classes will be from 0900 - 1200 hfs All classes will be held at the department stations on 3 shifts. 3 CEU's will be earned for each class October 1997 SAED Recert. / 4 - 6 Scenarios I Written Test November 1997 'BOOM' ... Explosion Scenario - real time mock up with hazmat and dec. on. January 1998 The Management of Chest Pain & SOB by the EMT- Basics TX: the differentials of chest pain & SOB in the field as EMT-B's. Lecture and scenario based training March 1998 Lecture: Patients at risk with minor complaints ? SAED Reced. / 4-6 scenarios / written May 1998 Spinal motion restriction & Head to Toe Splinting: rigid traction the MAST, aggressive airway management for EMT - B's, scenario based training. Quick review of heat Emergencies & Drowning July lS98 1998 HIV-HBV update- Mandatory for State Recert!!!! Do Not Miss This One. September 1998 Airway Management Skills Station Lec: The facts of chest and ABD. Trauma, Shock Challenges Scenarios and Videos October 1998 SAED Recert. 14-6 Scenarios I Wdtten, OB emergecnies in the field ..... delivering under less than optimal conditions. The resuscitation oh neonates and infants. Exhibit C COLLIER COUNTY FIRST RESPONDER BLS STANDING ORDERS STATEMENT OF PURPOSE The intention of Basic Life Support Protocols is to assist the First Responders of the nine area fire departments in delivering basic patient care to our community, consistent with medical.rtandards. GUIDELINES FOR TREATMENT The following general measures shall be applied to help promote speed and e. fficien~, when rendering emergency medical care to the sick, iii, injured or inJTrmed. These protocols constitute guidelines for treatment and may be altered at the discretion of the attending Paramedic or EMS Medical Director. 147~en applicable, obtain verbal consent prior to treatment. Respect the patient's right to privacy and dignity. Courte~'v, concern and common sense will assure the patient of the best possible care. Ara, competent adult patient has the right to refuse any and all medical care. Should a patient refuse care, you must wait for an EMS unit to arrive on scene to assure the appropriate release form is read and signed ~. the patient. Bo The First Responder shatl provide Collier County Emergency Medical Services Department with all the necessary' available information in a timely manner regarding the patient's condition and treatment to that point, including a copy of the medical report. Upon this interaction, the First Responder will give arty assistance to the transport agench. : INFECTIOUS DISEASE PROTOCOL A. At all times, use universal precautions. Wearing of gloves to prevent contact with patient bodyfluids. Wearing of masks and protective eye wear during procedures likely to generate droplet ofbodyfluids. EXHIBIT A e Se F/earing of gmenx during procedures littly to generate splashes of bo ' fluids. . Proper cleaning/ditinfecting or dix~sal of equipment and supplies. Washing of htmds thorough~, before and after pati~ contact, and after removal of gloves. If a First Responder becomes exposed, the procedures lifted below should be follo~ved to include: o The contaminated area should be washed thoroughly, with soap and' water as soon as possible. Advise the EM~ crew so they can relay to the E.R. Physician where patient it transported to that a "significant exposure" has occurred and reque.rt that the source patient be testea[ L PA TIENT ASSESSMENT Initial assessment and emergency treatment of the patient must be carried out simultaneously, keeping treatment prioritie$ in mind. Primary Survey: The prima~y survey is utilized to access for life-threatening situations. The primal, survey and appropr~te therapy should be completed immediately and effTciently upon reaching the patient. When appropriate, stabilizing therapy (cervical spine h~mobilizationJ should be instituted almost simultaneously with the primary, survey. The First Responder Team should complete the primary survey within 60 seconds, checking and/or performing the following. 2. Assess Airway a. Assess patency of air, ray. b. Establish and maintain patent airw'ay. Determine the adequacy and rate of respirations. Follow American Heart Association (AHA) BCLS standards, If necessary. Assess Breathing (see Respiratory Emergencies ProtocoOL a. L ook, listenandfeelformovementofair. I_scanoi,~; HAY Pg,,_ ~ - -I e b. ' Support respirations as needed c. £ook for symmetrical chest movement. . d. I. ook for any signs of respiratory distress (~. anosis, use of accessory muscles}. e. Record respiratory rate and quality. Assess Circulation a. Assess carotid or femoral pulses (rate and quali.tv). b. If indicated, perform CPR. Follow AHA BCLS standards. c. Check for signs and symptoms of circulatory compromise (pallor, diaphoresis, delayed capillary refill). Assess For Life 17treatening Bleedt'ng Co htro l exsanguinating hemorrhage appropriate.Iv. A ss ess I. evel of Consciousness The A. V.P. U. method shouId be used for initial neurologic evaluation: A - Alert V- Responds to verba[ stimuli P - Responds to painful stimuli U- Unresponsive Secondary Survey: The seconda~, survey occurs after the primary' survey has been completed and appropriate action has been taken. ]t is a complete examination designed to check for specific, although not necessarily life-threatening injttries. The secondary survey can be performed in conjunction with the primary survey or when appropriate throughout patient treatment. The Fire-Rescue Team should perform and/or c]~eck for the following. Vital Signs: Blood Pressure: All medicall, v related calls shouM have a "complete" assessment of the systolic and diastolic pressures. If extenuating circumstances exist, such as active seL-ures, a systolic blood pressure may. be palpated. When a blood pressure is palpated, narrative documentation must be provided regarding the reason it was necessary. As soon as possible, complete blood pressures shall be auscultated and documented. Trauma patients may. turve blood pressures palpated as long as tT ~. l~toh,~?, p ~l~ NAY 1998 / ,,.... prohibits a 'complete a~e~ Once the sttttatlon Lr xtabil~ed, complete blood pressures mu.rt be macultated and documented. . Respirations: Temperatu re: History: Check and. document for rate and qualio,. Must be taken on all medical patient& Use the AMPLE method: 1. ,4. Allergies 2. Medications. Determine what reeds the patient takes. Note the dosage and schedule. Whenever posstble, brtng the medicatton~ to the hospital with the patien~ and document it on the run reporL 3. P - Previous illness 4. L - Last meal 5. E - Details of the present complaint and precipitating events. Head to Toe Survey A thorough hands-on examination to include removing clothing over the injured areas. The survey sbouM include: Skin Color - document il'the skin is: a. Normal b. Pale c. Flushed d. ,4shen e. Cyanotic Skin Temperature. document if the skin a. Hot and dO, - or - hot and moist b. Warm and dry - or - Warm and moist c. Cool and dry - or - cool and moist e Pupi[lary Reaction a. Equal and Reactive b. Equal and Unreactive c. Unequal Capillary Refill a. < 2 seconds b. > 2 seconds 5. Distal Pulse.~ 6. Current Phy:rician 7. Age and Sex Weight (in kilograms). Approximate if unable to determine exact. Specialized exams as necessary (e.~,. cardiac, neurologic) Rele~,ant Information: e Patient's chief complaint, pertinent medical histo~. , allergies. Name and age of the patient. Pertinent results.found on physical examination. 4. Mechanism of injury, if. found AIR WA Y MAINTENANCE AND OXYGEN ,4DMINISTRA TION: Where stated in the specific treatment protocols ax "Secure an airway and administer Supplemental Oxygen as Indicated", the following guidelines should be followed: ADMINISTERING OXYGEN: Nasal Cannula: 4 - 6 L/min (2 L/mtn for COPD patients} for patients in mild respiratory distress. Non-rebreather mask (NRM): 10 . 12 L/rain for patients in severe respiratory distress, third trimester emergencies, $ignOq~xnt trauma and circulatory deficiencies. Peril/infant simple mask: A minimum of 6 L/rain must be used NOTE: low. flow oxygen tn order to avold sltppr _t,~n' g the ..v~ilat_ ory oxygen,~,n?~r samra~n revels may sttppr~,r~_~ these tnm'ents, e preparea to use a BI/M and continuall ABC'.,. ~y rea~ess the ESTABLISH PA TENCY OF AIR WA Y Airway Management: Clear obstructe'd airways using the appropriate techniques. If necessary, insert an appropriate airway device to maintain the a/rwy. (oropharyngeal. naxopharyngeal}. Obstructed Airway Conscious - administer abdominal thrusts (aduR or child) or alternate benveen back blows and chest thrusts (infant} depending on patient situation until the obstruct'on is relieved or the patient becomes unconsciotl&. Unconscious. Attempt to ventilate the patient. If successfM, continue lo assist patient respirations, lf unsucc, es. sful, reposition the head and attempt to ventilate again. If still unsltcce$~7~!' administer $ abdominal thrusts (adull and child) or $ bade blows then $ chest thrusts (infant) depending on patient situation. Perform finger sweep (on an adult only) if necessary. NO TE: Attempt ventilations after each maneuver. Continue this sequence until the pattent regMns consciousness or more qualified help arrives. MAY ~ ~/,~ .P~. Respiratory Arrest 1. Insert oropharyngea[ or nasopharyngeal airway. Ventilate the patient once every $ seconds for an adult, once every 3 seconds for a child, and once every 3 seconds.for an infant, utilizing an appropriately sized bag-valve mask with reservoir, l~nen using the bag-valve device connect the supply tubing to the mygr. n tank at a flow of 15 L/min. with the reservoir bag attached. MEDICA~ EMERGENCIES Chest Pabt of Cardiac Origin 1. Perform patient assessment and document findings. 2. Have patient remain quiet in 'a position of comfort. 3. Secure an airway and administer supplemental 02 as indicated. Cardiac Arrest Primary survey, advise advanced life support unit of cardiac arrest Perform adequate one or two person CPR according to the most current ~tHai BCI.$ standards. 3. ~pply SAED Comatose Patients o Perform patient assessment and document findings. Secure an air, ray and administer supplemental 02 as indicated. /tssess scene for possible causes. · Sei~tre~ I. Perform patient ascecsment and document fu:d;gx. 2. Protect Patient from injury, might strike and cushion ~e Move objem craay that the patient head with a pillow or blanket. 3. Doczonent the severi{y and duration of se~o.~ activi.~ and rest periods and possible precipitating cause& 4. Secure an airw~, and administer supplemental 02 ax indicated. Stroke - CFA (Cerebral I/asaular Acctden0 1. Perform patient assessment and document findingr. 2. Secure an ai;nvay and administer ~aplemen~ 02 ax indicated. 3. TO' to establish communication wtth patient. ~,ven though the patient may be unable to speak and appear~ to be unconscious, the), may ~ill be able to hear and undemtand what Lr taMng place. Look for signs indicating pattent can unde~ you. Indications may be subtle, such ax a glance, a ga:e, motion or pressure with a finger or hand or a nodding of the head. 4. Cahn the patient. Do not gTve patient anything by mouth (they may be unable to D iaben'c Emergencies Perform patient assessment and document~ingx. NOTE: If the patient is displaying'symptoms of intoMcation, tho' may aatually be having a dJabt~tc rt'.acagon. Secure an airway and administer xttpplementa102 ax indicated no. /,.. t') ¥: ~' z~e~e~ine Pf Patient I~ taken ~in ~ ~ e~n ~. 4. If ~nt ~ CO~cio~ ~ale~ ~u m~ g~e ~gar &range juice, ~ bar, granular ~gar, III. T~UMA E~RGENClE~ Trauma Transpo~ C~t~a ~ll ~tien~ meeting ~ one of the criteria ~~&ed bel~ Trauma Scorecard ~r& ~ outlined in ~o~ $tatute IOD~ ~ the ('defined in the Collier Coun~ E.~ ProtocoO chouM be ~~~d to a Trna Center: ' Recpiratom ~e < I0 or > 29~r mi~ ' vstolic e[oOdPrexc e < 90 mm Hg ' Glacgo;v Coma $cale< or eq~l to 12 ' Pediatric Tra~a gcore < 8 ' ~mputation pr~imal lo the wrist or ~e Penetrating lnj~ Io ~e hea~ nec~ ' ~econd or third&~ee che$~ ~omen or ' Paralysis ~ > 15~ ofbo~ ~ace area ' Ejeclion~om motor ve~icle (car or ~c~ on~) General Trauma Protoco& M/mint e on scene ~e of the major 'mmob,li at,on ,s re~tred. ~l order. ~h a cemt~al d~ice ~d b o ~ssessment and treatment prtormes shouM be ~proac~d in ~e ~llowing If the patient is ~ected to be a ~ma alem. ~en ~e EMS (~LS) unit m~t be contacted ~ a~ised of fi~ing~. Prima~ Sumq 2. Slab/I/ce the neck and open the air, ray with ajaw thrust. ,4ssess breathing, lung soundr and circulation, and check chest while maintaining both manual cervical immobilization andj_~mv thrust. ' Secure an airway and administer xttpplementa102 as indicated. Trauma patients should receive high flow axygen 10-12 L/min. via non-rebreather mask. o Replace manual cervical immobile:trion with appropriate cervical immobili:.ation deviat, and place the patient on a backboard (see appendix 5. Control bleeding by direct pressure and assess for shocla Secondary Survey Head Palpate, inspect the head and slcull. Identify all related and significant injuries. e o 4. 5. 6. Evaluate eyes for pupillary s~_e, hemorrhage and penetrating injuries. ,,tssess the nose, ears and mouth for blood or Cerebral/Spinal Fluid (CSF). Observe for vomiting and prevent aspiration. Observe for convulsions in head injuries. Maintain C-Spine immobilka,tion. ,~ ll unconscious patients with suspected head injury should be hyperventilated by bag-valve mask with reservoir and supplemental oJ.ygen at a rate of 24 - 30 breaths per minute. Maxillofacial (Jaw and Facial/lrects) 1. Palpate, inspect for maxillofacial injuries. Treat airway. obstruction if present, and control hemorrhage. 2.Blunt maxillofactal injuries should ~. presumed to have a C- Spine injury until ruled out by x-ray di.:tgnosis. 3.Eye Injury a. Inspect the eye Carefully and document visual acuity. b. If globe is injured, apply a sterile, non-pressure dressing c. Do not remove any penetrating objects. C-Spin e / Neck Palpate, inspect the C~pint while maintaining immobiI~.ation with a cervical device and backboard. Inspect the neck for distended neck veins and tracheal deviation. Chest Abdomelt AusCultate, palpate and in,ct the chest, ribs and clavicle for in./~iea (flail cheat, sucking chest wound, impaled objects, bruising.) Evaluate and continue to reasseas breath sounds. Auscultate heart for rate and adequate heart sounds (Note distant or mu.~Ted heart sounds). Assess for the presence of narrowing pulse pressure indicating a possible cardiac tamponade. If the chest is bruised, suspect a myocardial contusion. o Extremin'ea Palpate, auscultate and inspect all four quadrants of the abdomen. Apply a moist sterile dressing to eviscerated abdominal wounds or organs. .~ssess for peIvic fracturea. Continually reassess patients with any type of abdominal injury. Inspect lower and upper extremities for any deformity fractures, paralysis or paresis (loss of feeling). Palpate extremitiea for tenderness, crepitus, peripheral pulses, abnormal movement and range of motion. Visttalize extremities, and immobilize and splint any possible fracture site before moving. Check distal sensation and pttlses before and after splinting or manipulation 4e o Ye Neurologic 1. 2. o Shock · ,~pply gentle traction to any non-re~Lrtant, angulate~extremity' fracture. Check distal sensatton and p?~_!_c~ before and after stabilization. Splint joint injuries in the position found, lmmob'd;=e both above and below the joint. Support lu'p d_~?loca~n with both pillows and uninjured leg in the posttion of comfort. MAST ~tit (if available) can be used to a'tabil~ f~ure, hip and pelvic fractures. Control bleeding by direct pr~sure and a~$e~$ for shock. Cover open fractures and amputations with mo~ sterile dressings. Amflutated parts need to be in a $ealed plastic bag (if available). Do not place the part directly on Ice or wrap in moist dressings. Assess the motor and sensory responses of extremities. Reassess the Glasgow coma score, level of consciousness (A VP U) and the size and reactton of pupil& Continually reassess for any signs of head injury. Look for any of these signs and symptoms when asst~stng the patient: 2. 3. 4. 5. 6. 7. 8. 9. Confusion, restlessness, or combativeness F/eakness Thirst Pallor Tachycardia (pulse > 100 per rain,) Sweating (diaphoresis) Tactrypnea (respiratory rate > 30per min.) Cold skin Hypotension (blood pressure < l O0 'systolic) Spinal Shock Signs and Symptoms: 2. $. 4. Decreased blood pressure , Slow and strong pulse Skin warm and dry Loss of thermo-regulatory mechanisms, cay. sing a loss of body. heat (3ypothermia). Treatment Priorities for Shock 2. 3. 4. 5. SPECIFIC Open air, ray and control cervical spine. Assess breathing and circulation. Stop, life threatening bleeding. Recognize signs and symptoms early in treatment. Cover patient with blanket to prevent loss of body temperature. TIM UM.~I TIC INJURIES Gunshot and Stab Wounds Head Perform patient assessment and document findings. Secure an airway and administer supplemental 02 as indicated. Examine patient for entrance and exit wounds. Cover all wounds with sterile occlusive dressing. Stabilize impaled objects in place. Trauma Control cervical spine and perform patient assessment, document findings. A Il unconscious patients with suspected head injury should be hyperventilated by bag-valve mask with reservoir and supplemental oxygen at a rate of 24 - 30 breaths per minute. ~4 ttto /1 ccidents Control cervical spine and perform patient assessment, document findings. Prior to extrication, apply cervical collar and KED (if complaining of back pain}. ~. HAY 1998 ~t~ rn$ · Perform rapidextrication. ~4 dm in iste r appropriate treatment for ~pecific in.[urie~ as necessary. o Stop the burning procexz Oe active burning i~ pre.~ent. Perform patient asses~nent and doatanem~~. Evaluate patient for extent and sevgrily of lntrn(s,) utilizing "Rule of Nines" (see appendix C}. Cover the burned area with dry, sterile If the'burn was due to a chemical agg~ flu.~h the area with large amounts of water. If the burn was due to dry lime, brush o. ff the dry lime prior to flushing. Burn patients xhould receive high flaw oxy~n, 10 - 12 L/min. via non-rebreather mask, ff'$hortne~ of breath, shock, or evidence of respiratory tract injury itpr~ent. Eye Emergencies Evaluate mechanism of injury. For foreign bodies or chemical exposure, flush eyes with large ~ (up to 2000 cc) of sterile Normal Saline. NOTE: The exception of tMs role i.~ a p~netrating injury of the eyeball. Flushing should take place tmmedlately. However, transport should not be delayed to complete flathing. If necessary, perform flushing during trartsport. Cover both eyes with eye pads and dry sterile dressings. Maintain contact with the patient for reassurance. IV. ENVIRONMENTAL EMERGENCIES Heat Emergencies 2: 3. Perform patient assessment and document findings. Move the patient to a shaded, well ventilated area. Secure an airw~, and administer.rupplemen~102 as i,,,4;,.~.,,~4 ~o. lot,~ ~ ~ · Cool the patient rapidly by removing excessive clothing and appl. ving large amounts of.cool water, do not apply ice, cover the patient with wet towels, or give the patient cold liquid to drink as all these procedurex will hamper the body's cooling process. Cold Eme~encies Gently remove patient.from cold e.nvironment. Rough handling of the hypothermic patient can cause cardiac arrest. Remove any articles of damp clothing from the patient. Cover the patient with blankets. Secure an airw~, and administer xupplementa102 as indicated. IFater-Related /1 cctdents a long period· Suspect a cervical or head injury on any patient in a water- related accident. . Secure an airway, and administer supplemental 02 as indicated. Control cervical spine and perform patient assessment and document findings. Begin resuscitative measures even if patient was submdrged for Fully immobilize patient as soon as possible. Poisoning Perform patient assessment and document findings. Secure an airway and administer supplemental 02 as indicated. Ascertain the following information: a. What did the patient take, how much and how long ago? b. Collect all medicine vials or containers involved, for transport to the hospital. Hazardous Marine Stings and Bites Perform primary survey. Perform secondary survey, when appropriate. Remove tentacles or residue byflushing the area with sea water, i' ^~noA :~.~:,....,~k no. It, O .~ · Secure an airway, and adminisler.rut~lementa102 ai indicated Sting ray. stings are to be tr~ated with heat. NOTE: DO NOT USE FRESH WATER ON THE AFFECTED AREA. Snake and Insect Bites o o Perform patient assessment and document findingz. Tm. to obtain the follmring Information: a. The .type of snake or in,ct. (lf po~ible, collect dead , snake or insect for Me, cation.} b. . tb~here did it bite the patient and how long ago? Remove arty. constricting clothing orje~,elry on the affected extrem it,,. [mmobilize the e. xtremi.tv and keep the extremity lower than the level of the heart. Animal Bites ° Perform patient assessment and document findings. Tm. to obtain the following information: a. The ~. pe of animal. b. I4/here was the patient bitten and how long ago? Stop bleeding and cover wounds with sterile dressings. Secure an airway and administer ~'upplemenra102 as indicated. /tdminister appropriate treatment for specific injuries as necessary. Decompression Sickness ('Dive.AccidenO Perform primary surv~. . Perform secondary survey, when appropriate. Place patient in supine position. NOTE: There is no support for the left lateral decubitis position or trendelenburg as may have been pr~vioitsly recommended. Trendelenburg haz been shown to be harmful except possibly in the .first 20 minutes after surfacing. V. · Secure an airway, and administer supplemental 02. 02 via non-rebreather mask is indicated. OBSTETRICAL EMERGENCIES tligh flow Normal Delivery o o Perform patient assessment on mother and document findings. Assist the baby. as it is delivered. Never attempt to pull the baby out. Keep baby at the same level as mother until cord has been cla.tped and cut. Suction tile mouth and the nose with a small bulb suction. Insert the bulb squeezed and then release the bulb to suction appropriate& Clamp the umbilical cord at 6 and 8 inches and cut between clamps. Perform patient assessment on the baby. Wrap the baby to preserve body heat. Advise the .,tLS unit of baby's condition. Secure an air, ray and administer supplemental 02 as indicated. An APGAR score should be completed at 1 and 5 minutes after delivery (see appendix C}. Prolapsed Umbilical Cord 2. 3. 4. Perform patient assessment on mother and document ftndings. Place mother in supine position with hips elevated. Secure an air, ray and administer supplemental 02 as indicated. }¢Tth a sterile gloved hand, gent.lv push the baby up the vagina several inches to relieve the pressure on the umbilical cord or until a pulse returns to cord. This position must be maintained. I~"rap exposed umbilical cord with sterile dressing moistened with sterile Normal Saline. Palpate and document the pulse in the umbilical cord. Breech Birth Perform patient assessment on mother and document findings. Secure an airway, and administer supplemental 02 as ~i~i~ ~,~ t ~ I ~' '~'~-~ · In the baby's head is not delivered within 3 minutes, action must be taken to prevent suff~n. IYith a st~,rile glove hand, form a "g'" with.fingers on both $tdex of the baby's nose and push the vaginal wall m~ay, from the baby'$ face (assess for breathing) until the head is delivered (suction fi.possible}. Never attempt to p~lll the baby out of the vagina. 77~L~ is a medical emergency.. Rapid ttmuport is essential for a positive outcome. Third THmester Bleeding 2. 3. 4. Pe~qrm patient assessment on mother and document findings. Secure an airway and administer supplemental 02 ax indicated. Place patient on left side to prevent hypotenrion. Never attempt to examine the patient internalS.. Trauma In Pregnancy 1. Perform patient assessment on mother and document,findings. 2. Secure an airway and administer supplemental 02 as indicated. 3. Place patient on left side to prevent hypotension (fi.there is not danger of spinal injury}, or tilt the baclvbow'd$o that the mother is leaning to the left. ~Vot only doe~ this prevent obstruction of the vena cava, it also malces aspiration less likely if she vomits. 4. Trauma to the abdomen may cause bleeding inside the uterus. Mark the top of the uterus with a marking pencil. Enlargement of the uterus ~ggests intrauterine bleeding. 5. Monitor vital signs frequently and watch the abdomen for signs of intra-abdomtnal bleeding. 6. Shock is more di~cult to diagnose.in the pregnant patient, but the most likely cause of pre-hospital death is from injuEy to the uterus. Shock also kills the baby quickly since the blood supply to the fetus is shut off when the mother is in shock. 7. The most common cause of trcrumat[c fetal death is the death of the mother, so the goal is to get the mother to the ER alive. PED[ATRIC PRO TOCOLS Pediatric Allergic Reactions o Perform primam, surv~. . ' Secure an airway, and administer supplemental 02 as indicated. If the child is resistant to the use of 02 equipment, a mask held close to the face is a good alternative. Perform secondary survey. Pediatric Sei~t res o Perform primary survey. If possible, secure an airway and administer supplemental 02 as bJdicated. Protect the patient from injuo,'. Perform secondary turv~. . Febrile Sei_-ures Actively try to cool patient's body temperature. Remove all clothes (including the soclcs}. . Cool patient by sponging with c. ool water. DO .N. OT_coverpatient with a wet towel, apply ice or give cold liqttids to ddn 'k. Pediatric Altered Level of Consciousness Perform primary survey. Secure an airway and administer supplemental 02 as indicated. Perform secondary survey. Pediatric Asth ma Perform primo~, survey.. Secure an airway and administer supplemental 02 as indicated. Perform secondary survey. Croup / Epigloais Perform primary survey. Perform secondary survey. J · Administer 02 only if the patient will tolerate it. If child is resistant to the use of 02 equipment, the mask may be held dose to the face rather than secured to the ahiM. If the patient is cyanotic or ha~ an altered mental status, ventilatory effort may. need to be assisted. Do not introduce oral airways, tongue blades or arty. other device into the patient's mouth, as this may precipitate laryngeal ~xtrms and severe ~vellingo causing a complete airway obstntc~n. VII. PEDIATRIC TRAUMA PrimaO, Survey, Alnvay Establish a patent air~,ay and immobilize the C-Spine: Maintain a neutral position with manual immobil~mion until a cervical immobilization device and backboard is applied. Assist ventilation if level of consciou, mess is decreased or the patient fails to respond appropriately to voice. Breathing 1. Expose the chest. Auscultate lung sounds. Note depth and rate of respirations. 2. Inspect and palpate for unilateral or bilateral chest movement, and any other signs of injury to the area. 3. Administer high-flow oxygen. 4. Assess for tenrion pneumothorax, and open pneumothonzr. Initiate intervention and treat appropriately. 5. Reassess vitals to evaluate effect~, enezz of the intervention. 6. Watch for gastric distention to izvoid impairment of respiratory effort and/or decreased venous return. Circulation Assess the pulse quali.ty, rate and regularity. Assess the skin color, texture, and capillary refill for signs of shock. Signs and .symptoms of pet~tatric patient~ with severe shock/hv, povolemia: a. Tachycardia, taclrj~ea b. Delayed capillary refill c. Araiety/restlessness d. H)potension (late, ominous sign) Briefl. v assess the chest, abdomen, and extremities for life threatening bleeding. ,4pp~y direct pressure dressings to bleeding sites. Disability ,4ssess the patient's neurological status. I. Glascow Coma Score (see appendix) 2. Pediatric Trauma Score (see appendix) 3. Pupil si:e and reaction 4. H),perventilate if the level of conscioarness is decreased Secondary Survey Follow same protocol as adult secondary surv~. . APP£NDIXA BA CK B OA RD IN G Manually stabilice. C~pine. Supplement manual stabil~ation with an appropriately s~.ed Cervical Immobiliration Devtce. , e Continue manual stabill::atfon 'unttl patlent t~ fully stabile, ed on backboard. .(Preferred pedi. immobill:er} Log-roll tfte patient on side, check back for injuries, then place the backboard under the pattent, with the patient's head I to 2feet from the top of the board. Now roll the patient onto the board. The person at the head makes all the calls ax to when to move patient. 5. Slide patient as a unit up into position on the backboard. Strap the patient to the backboard, starting with the body first. The straps shouM be criss-corssed across the chest, followed by the hips and legs. The head is the last pan of the body to be secured to the board. ,4PPENDIX B AIR tVA Y ADJUNCTS Oroph aryngeal Airway 1. Determine size of ainvav, need. ed (dixtw~ benveen corner of motah. and ear lobe). Insert with curve pointing utnvard and rotate 180 degrees while inserting..' ! If patient exhibits am., gag reflex, remove airway.. APPENDIX C GLA$CO W' COMA SCALE EYES 4 Spont. 3 To Voice 2 To Pain I Unresp. VERBAL $ Oriented 4 Confused 3 lnappro. 2 Garbled 1 None MOTOR 60be2n - Comnd~ $ Pain - Localized 4 Pain - W'tthdra~ 3 Pain - Flexion 2 Patn - ~ds 1 None ~#OA IT£M~ MAYAL lgS8 APGAR 8CORING TABLE The Apgar scoring system is widely used a~ an indicator of the need. for resuscitation of the newborn. Five objective signs are evaluated and the total score is noted at I minutes and at $ minutes after the complete birth of the infant. If the 5 minute Apgar score ~ le~ than 7, adah'tional scores are obtained every 5 minutes.for a total of 20 rnbnae, s. I'he heart rate of the newborn is determined by listening to the che. rt with a stethoscope or by feeling the cord stump for arterial pulsations. Respiratory acttv#y is judged by the ne;vborn '~ breathing efforts and rate. Mttrcular tone is bext xeen in the extremities in response to stimulation. Reflex activio~ is be~t evaluated during suctioning of the na$o- and oropharynx or when handling of the infant. Most newborns score only I for color both at one and five mirnaes of age, as there is ahvays some degree of peripheral cyanotl$ (acrocyanosi~). The need for immediate reragcitation can b; more rapiaTy a. tg~ed by evaluating the heart rate, respiratory ac#v#y and color, than by the total /tPGAR score. Since even a short delay In Initiating re.ruscitation may result in a long del~. in establishing spontaneous and regular rexpiratiortt, resuscitation should be started immediately when indicated by inadequate respiratio~zs aha?or heart rate. It should not be delayed while obtaining the one-minute score. HAY ~ ~1g, S8 ~,~.,_ ~, ,c/' COLLrZR CCRJNTY KNIS QUAL1TY A,S~ WOl~~ NAME: C~'"W MEMBE~ I__ E],K1~ I ,,I , ~ A B C ~ ! 2 3 4 J COMPLETE? ASSF..SSMENT COMPL, ETE~ IS CHAKTTNG APPP~OPIATE? 'I'R.F.A~ PEP. PKOTOCOL? WAS TIME ON SC~NE ~I~ATE · NO, ~k~I.ArN KEVIEWED BY: DAT~___/ I COMMENTS: SUPEKVISOK: DAT~ I I COMMENTS FIELD ILESOUP. CE OFFICIi~ COMMENTS: DATE: / / MEDICAL DFRECTOP,.: DATE: I / COMMENTS: EMPLOYEE SIGN'ATU]~:.. ¢OMM~MTS: DAT~: I i EXHIBZT L ........... .L .............. IFil EXECUTIVE SUMMARY RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS APPROVE A WORK AUTHORIZATION UNDER THE PELICAN BAY SERVICES DIVISION'S CURRENT PROFESSIONAL ENGII~ERING AGREEMF. NT WITIt WILSON, MILLER, BARTON & PEEK AN AMOUNT NOT TO EXCEtD S~,000, TO ~A.RE TI3Y,, ISRELD~I~ARY AND ASSESSMENT ROLL FOR TI~ NON-AD VALOP~M A~S~S~ FOR I~F,.AUTlYlCATION OF RECREATIONAL FAClLFi'ff~ AND MEDIAN AREAS, AND M. AINT~NANCF-_ O~F CONSERVATION OR lSRF. SERVF- AREAS, U.S. ,11 B~RMS, ~TR~I~T SIGNAGE RF.IsLAcF-'MENI~ WITH~ TI~ MEDIAN AREAS AND LANDSCAIsING 17~sROVE1~'NTS 'TO U.S. ,11 ENTRANCES, ALL ~ TITE PF. LICAN BAY MUNICWAL SER'VICF., TAXING AND BENF~FFF UNTT. Bay Services Division /?g/' AGE# ,o.,~/) HAY 2 6 1998 pa / .... ~QRK AUTHORIVATION ~ayof , mqS, W'~d WITNESSETH: by mrp~l~mm~ ngreements; nnd ~, the ~ Bay Impwvement District ~ ~I~ ~ ~ ~ ~ of ~1~, CO~ ~ ~ d~ ~ &~ d ~ ~~ f~ ~ ~ ~ ~~t~ CO~~~~~G~ ~~ NOW, ~0~ ~ ~~ ~ ~ ~ ~ ~ mu~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ng ~ ~ ~s of ~ Wo~ Au~~, it ~ mu~y ~ ~ ~ = fo~: I. PRO3F. L-~ DESCRIFHON: 2. SCOPE OF SERVICES: followin~ ___~xSz: 2.1 pralimin~y A.~_,-'~_ m~nt Ro11 2.1.2 2.1.3 2.2 ~'mal A.v~-,tsmemt Roll 2.2.1 Based on th~ ~sults of tl~ special ~t public heagngs' ~ fl~ fiml s.ugssmgm mle. 2.2.2 3. TIME OF pERFORMANC~ IIgms 2.1 throu~ 2.2 of the Scope of Service will be compki~ wilhin one hundred eight (180) calendar days after execufi~ of fltis Work A~ by the COUNTY except for delays beyaxt th~ control of ibc EN6INEER. 4. FEES TO BE PAID: The ENGIHEER shall be paid for hi~ service~ a~ Ihe hom-ly ~ shown in th~ COMPENSATION SCHEDULE ~ in lt~ lanuary 21, 1997 Agreememt between the Pelican Bay ~t ~ ~ ENO~NEER which ha~ b~m m-n~d~d from thu~ ~ fim~ with an COUNTY. DATED: BOA~ OF COt~ ~0 .~a~S By: WI~'ON, MIIi2ER, BARTON & PEEK, INC. Approved a~ U~ form A.I, PROV.~tL OF BUDGET AMENDMENTS I~CC Al.end~ ott, t26/98 MSTD C,.euernl (Fund General lid gudg~ Amendment No. 9~-2.40 ~ $3,400 Builai-g lmprov,:rr~t ($3,400) P.e~rv~ for Coming~ncy S3,400 Tool ate needed to provide for aa ~rtilia~ air conditicmin~ r~tem for the Comrol Room of the new Board Room Eahancemmt Syr~n. Doe to the ~.mitiviry and expez~ of the equipment, it must be located in an adequately air- ccn~trolkxl Iocaficm; therefore, aa ~ njr~m i~ required. Code Entorcemmt {FXmd III) Budge~ Amendmemt No. 244 ~ $'7,774.00 (~,774.00) Operating Suppli~ ~,'T74.00 Toul A portion of the funds apD'o~rh~d in 97-98 for vehicle purc~ were utilized m ~ radios for employees tim were _durin$ them. HAY 26 El98 BOARD OF COUNTY COMMISSIONERS MISCELLANEOUS CORRESPONDENCE MAY 26, 1995 FOR BOARD ACTION: Satisfaction of Lien: NEED MOTION authorizing the Chairmm to ~ign Satisfaction of Lien for Services of the Public Defender for Ca~ No~.: 9707815-MMA, 9709547- MMA, 9704515-MMA, 9604928-MMA, 9707984-MMA, 9707075-MMA, 9706453- MMA, 9705578-MMA, 9708056-MMA, 9704106-MMA, 9706169-MMA, 9800929- MMA, 9700092-MMA, 9607724-MMA, 9800274-MMA, 9701359-MMA, 9701809- CFA, 9701273-MMA, 9709965-MMA, 9608933-MMA, 9709802-MMP~ AGENOA ZTEH HAY 2 6 EXECUTIVE SUMMARY APPROVE RETENTION OF OUTSIDE COUNSEL FOR THE COLLIER COUNTY CODE ENFORCEMENT BOARD MEMBERS AND A COUNTY EMPLOYEE IN THE CASE OF JAMES K. KEISER AND SOUTHERN EXPOSURE OF NAPLES, INC. v. COLLIER COUNTY, ET ,4L. D.I?J..F,.Q~d That the Board of County Commiasioner~ (hereinafter "BCC") consider the County Attorney's recommendation to retain outside counsel for defendants Collier County Code Enforccment Boaxd (hereinafter "CEB"), the CEB members (hc~'inafler "Members") and County employee Ed Morad (hereinafter "Morad") in regard to the ca~e of James K. Keiser and Southern Exposure of Naples, Inc. v. Collier County, et al., Case No. 98-120-CIV-FTM-25D. CONSIDERATIONS: On April 8, 1998, Collier County, as well as the individual members of the CEB, to wit, Mireya Louviere, George Ponte, Jim Allen, Fred Muller, Clifford Flegal, as well as Collier County employee Morad were named as defendants by James K. Keiser and Southern Exposure of Naples, Inc., in the United States District Court for the Middle District of Florida, Case No. 98-120-CIV-FTM-25D. In the three (3) count, twenty (20) page complaint, the plaintiffs allege various civil rights violations emanating from the decision of the CEB which required Southern Exposure of Naples, Inc. to obtain a conditional use permit for the activities engaged in by said plaintiffs, specifically, nude sunbathing. At the time the complaint was served, it was determined by the County Attorney's Office that due to the potential for a conflict of interest, the County Attomcy would file a responsive pleading on behalf of the County only, and not for the above named co<lefendants. As a consequence thereof and in accordance with Collier County Resolution No. 95-632, the County Attorney's Office is, with the concurrence of the Risk Management Department, recommending that the BCe authorize the retention of outside counsel and payment of legal fees and necessary costs for the individual defendants named in this lawsuit. Staff believes that retention of one attorney to represent the CEB and its members and one other attorney to represent County employee Morad will be sufficient to prevent the development ora conflict of interest. Pending formal approval by the BCC, the County Attorney's Office and the Risk Management Department administered the competitive selection of counsel for the co-defendants and recommend David E. Bryant, Esq. and Roetzel & Andress through Richard D. Yovanovich, Esq. to represent Morad and CEB. The terms of the representation with respect to fees have been negotiated by the Risk Management Department and reduced to two standard written agreements which have been included in this agenda package. FISCAL IMPACT: The duration and scope of the litigation is unknown and therefore it is impossible to predict with any precision the amount of legal fees and necessary costs that may be incurred. The hourly rate of compensation for the named outside counsel i set forth in the AGENDA ITEM, respective Legal Sera'ices Agreements. Payment of legal fee~ and necessary costs shall be made from the Property and Casualty Fund, that is Fund No. 516-121650--945200. GROWTH MANAGEMENT IMPACT: Not applicable. BECOMMENi)ATION: That pursuant to Collier County Resolution No. 95-632 and this Executive Summa'y, the BCC approve retention of outside counsel and payment of legal fees and n~ costs for the defendants in the I~nsuit ~yled James K. Ke~ser and Southern Exposure of Naples, Inc. v. Collier County, et. al., ~ No. 98-120-CIV-FTM-25D, filed in the United St~te~ Di~xict Court for the Middle District of Florid~ ~d that the BCC authorize the Chairman to sign the Agreements. PREPARED B~ Lawrence S. Pivacek Assistant County Attorney Date: REVIEWED ~lic~ Date: Chief Assistant County Attorney REVIEWED BY: ~. _.(~~~ ~--'fe~ Walker, Director Risk Management APPROVED BY: C. Weigel ' County Attorney AGENDA ITEM. I.;k Z 6 19 8 LEGAL SERVICES A~REEHENT BETWEEN BOARD OF COUNTX COMMISSIO~RS A~D DAVl'D E. BRYANT, ESQ. THIS LEGAL SERVICES AGREEMENT is entered into between the Board of County Commissioners (hereinafter referred to as the · Board' and/or 'County') and the law firm of David E. Bryant, P.A. (hereinafter referred to as the 'Firm') on May 26, 1998. WITNESSETH: WHEREAS, David E. Bryant, Esq., of the Firm, during his employment with said Firm has in the past been responsible for the representation of Collier County regarding numerous lawsuits alleging civil rights violations; WHEREAS, Collier County employee Ed Morad has been individually named as a defendant in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al., Case No. 98-120-CIV-FTM-25D; WH£REAS, the County Attorney and the Risk Management Director have determined that the interests of Collier County and County e~loyee Ed Morad will be better served if the Firm, by and through David E. Bryant, Esq., is approved as legal advisor and representative for County employee Ed Morad in connection with any legal issues or litigation that have arisen or may arise in the defense of County employee Ed Morad in the lawsuit styled James K. Ketser & Southern Exposure of Nap/es, Inc., v. Collier County, et al.; NOW, TH£R~POR~, the County and the Firm, in consideration of the premises and covenants contained herein, mutually agree as follows: A. Pursuant to the representation of County employee Ed Morad, the Firm shall prepare all legal documents, correspondence and attend all negotiations, settlement conferences, mediations, court hearings and any trial necessar~ arising out of or relating in any way to the defense of County employee Ed Morad regarding the lawsuit entitled James K. Ketser & Southern Exposure of Naples, Inc., v. Collier County, et al. B. The Firm, by and through David E. Bryant, is hereby retained by the County for employee Ed Morad in all matters relating to any meetings, negotiations, mediations, settlements or court proceedings arising out of or relating in any way to the lawsuit entitled James K. Ketser & Southern Exposure of Naples, Inc., v. Collier County, et al. 2 AGENDA ITI~M. HAY PI., 'q , C. A statement or invoice for legal services and direct costs incurred by counsel shall be billed to the Collier County Risk Management Department on a monthly basis. All invoices shall contain, as a minimum, the following information: (1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and (3) The description of services and the time period in which billable services were rendered. All payments and the resolution of any disputes regarding such payments are subject to and shall be processed in accordance with § 218.70, Fla. Stat., otherwise known as "The Florida Prompt Payment Act." D. The Firm shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board and Mr. Morad under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Risk Management Department within fifteen (15) days of the date of final execution of this Agreement. Current, valid insurance policy(les) meeting the requirement herein identified shall be maintained 3 thirty (30) cancellation coverage. during the duration of this Agreement. Renewal certificates shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be day notification to the Board in the event of or modification of any stipulated insurance E. The Firm shall protect, defend, indemnify and hold the Board and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees, and all costs of litigation and judgments, whether at the trial or appellate levels, arising out of any willful or intentional misconduct, negligent acts or error or omission of the Firm, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim or claims brought against Collier County, its officers, employees or agents by any employee of the Firm, any subconsultants, subcontractors, or anyone directly or indirectly employed by any of them. The Firm's obligation under this provision shall not be limited in any way by the agreed upon total contract fee specified in this Agreement or the counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one percent (1%) of the total 4 the Firm for performance of services authorized by this Agreement is specific consideration for counsel's indemnification of the County. F. This Agreement shall be administered on behalf of Collier County by the Risk Management Department in coordination with the Office of the County Attorney. G. The Firm agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing ~he responsibility of an employer with respect to persons employed by the Firm. The Firm shall also be solely responsible for payment of any and all taxes levied on the Firm. In addition, the Firm shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. H. Either party may terminate this Agreement for convenience with a minimum of forty-five (45) days written notice to the other party. The parties shall deal with each other in good faith during the forty-five (45) day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to the Firm. AGENDA T~T_E.M. No. I~CI-]CU I A¥ Z 6 Lq98 I. The Board hereby agree8 to pay the Fi~m at the rate of $95.00 per hour as compensation for legal services rendered pursuant to this Agreement. ~N V~ES$ %VHE~OF, the Board and the Firm have each, resgectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. DATED: ATTEST: DWIGHT E. BROCK, Cl,~-k BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Ap~rc~ved u Io fc~m a~d le~l su fl'~te't~: Assis~in! C~ A~ry By: Approved By: BARBARA B. BERRY, Chairman Seffi'ey Walk~, Di~tor, Risk M~g~t DAVID E. BRYANT, P. A. I~n~d/Typed N.me By: Si~tu~ (2) Prmted/Ty~ Name AGENDA HAY 2 G LEGAL SERVICES AGREEHENT BETWEEN BOARD OF COUNT~ COMMISSIONERS AND ROETZEL & ANDRESS THIS LEGAL SERVICES AGREEMENT is entered into between the Board of County Commissioners (hereinafter referred to as the aBoard" and/or 'County") and £oetzel & Andress (hereinafter referred to as the 'Firms} on May 26, 1998. WITNESSETH: WHEREAS, Richard D. Yovanovich, Esq., an associate of the Firm, during his employment with said Firm and pursuant to a contract of the Firm with the County, is responsible for the representation of the Collier County Code Enforcement Board at its regular meetings; and WHEREAS, the Collier County Code Enforcement Board members have been individu~lly named as defendants in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al., Case No. 98-120-CIV-FTM-25D; WHEREAS, thc County Attorney and the Risk Management Director have determined that the interests of the County and the Code Enforcement Board will be better served if the Firm, by and through Richard D. Yovanovich, Esq., is approved as a legal advisor and representative for the Code Enforcement Board members in connection with any legal issues or litigation that have arisen or may arise in the lawsuit styled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al.; NO%V, THSREFORE, the County and the Firm, in consideration of the premises and covenants contained herein, mutually agree as follows: A. members, the correspondence At the direction of the Code Firm shall prepare all legal and attend all negotiations, Enforcement Board documents, settlement conferences, mediations, court hearings and any trial necessary arising out of or relating in any way to the defense of the Code Enforcement Board members regarding the lawsuit entitled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al. B. The Firm by and through Richard D. Yovanovich is hereby retained by the Board to represent the Code Enforcement Board members in all matters relating to any meetings, negotiations, mediations, settlements or court proceedings arising out of or relating in any way to the lawsuit entitled James K. Keiser & Southern Exposure of Naples, Inc., v. Collier County, et al. C. A statement or invoice for legal services and direct costs incurred by counsel shall be billed to the Collier County Risk Management Department on a monthly basis. All invoices shall contain, as a minimum, the following information: (1) The proper name of the payee as it appears in the Agreement; 2) The date of the invoice; and (3) The description of services and the Ail time period in which billable services were rendered. payments and the resolution of any disputes regarding such date of final execution of this Agreement. Current, valid insurance policy(les) requirement herein identified shall be maintained meet ing the MAY 2 6 '1998 payments are subject to and shall be processed in accordance with § 218.70, Fla. Stat., otherwise known as 'The Florida Prompt payment Act." D. The Firm shall be solely responsible to parties with whom it shall deal in carrying out the terms of this Agreement and shall not subcontract its responsibilities to the Board and the Code Enforcement Board members under this Agreement. Counsel shall carry Lawyer's Professional Liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000) per occurrence. An insurance certificate evidencing this Lawyer's Professional Liability insurance requirement shall be tendered to the Risk Management Department within fifteen (15) days of the during the duration of this A~reement. Renewal certificates shall be sent to the County thirty (30) days prior to the expiration date(s) on any such policy(les). There shall be thirty (30) day notification to the Board in the event of cancellation or modification of any stipulated insurance coverage. E. The Firm shall protect, defend, indemnify and hold the Board and its officers, employees and agents harmless from and against any and all losses, penalties, damages, professional fees, including attorney fees, and all costs of litigation and Judgments arising out of any willful or intentional misconduct, negligent acts or error or omission of the Firm, its subconsultants, subcontractors, agents or employees, arising out of or incidental to the performance of this Agreement or work performed thereunder, including any claim or claims brought against Collier County, its officers, employees or agents by any employee of the Firm, any subconsultants, subcontractors, or anyone directly or indirectly employed by any of them. The Firm's obligation under this provision shall not be limited in any way by the agreed upon total contract fee specified in this Agreement or the counsel's limit of, or lack of, sufficient insurance protection. The parties agree that one Dercent (1%) of the total compensation to the Firm for performanc~~ ' NO....~.~/~) ' ' 4 t'im 2 6 authorized by this Agreement is specific consideration for counsel's indemnification of the County. F. This Agreement shall be administered on behalf of Collier County by the Risk Management Department in coordination with the Office of the County Attorney. G. The Firm agrees to obtain and pay for all permits and licenses necessary for the conduct of its business and agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Firm. The Firm shall also be solely responsible for payment of any and all taxes levied on the Firm. In addition, the Firm shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. H. Either party may terminate this Agreement for convenience with a minimum of forty-five (45) days written notice to the other party. The parties shall deal with each other in good faith during the forty-five (45} day period after any notice of intent to terminate for convenience has been given. The County reserves the right to terminate this Agreement immediately, for cause, upon written notice to the Firm. AGENDA ITEM N0._ O I-IA¥ 2 6 I. The Board hereby agrees to pay the Firm at the rate of $125.00 per hour as compensation for legal services rendered pursuant to this Agreement. D~ WITNESS WHEREOF, the Board and the Firm have each, respectively, by an authorized person or agent, hereunder set their hands and seals on the date and year first above written. e DATED: ATTEST: DWIGHT E. BROCK. Clerk BOARD OF COUNTY COMMISSIONERS OF COLLIER COUNTY, FLORIDA Approved as to form and I¢~a! suf~cit~¢y: I~wr~cc S. PJvacek AssisUnt Count'/Am~mey By:. Approved By: BARBARA B. BERRY, Chairman Jeffrey Walker, Director, Risk Management Si~atur~ I~ ntc~'l'yl~d Name By: Si~natutt ROETZEL & ANDILESS (2) Si~tu~ Prin~dYTTl~ Name Pnntc~,q'yl:,cd Name Prin~d/T),l~.~ Title AGEN DA.I!F.,M. 1398