Agenda 10/28/1997 RNOTICE:
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA
October 28, 1997
9:00 A.M.
ALL PERSONS WISHING TO SPEAK ON ANY AGENDA XTEM MUST REGISTER PRIOR
TO SPEAKING.
REQUESTS TO ADDRESS THE BOARD ON SUBJECTS WHICH ARE NOT ON THIS AGENDA MUST
BE SUBMITTED IN WRITING WITH EXPLANATION TO THE COUNTY ADblINIS~TOR AT
LEAST 13 DAYS PRIO~-, TO THE DATE OF THE MEETING AND WILL BE HEARD UNDER "PUBLIC
PETITIONS".
ANY PERSON WHO DECIDES TO APPEAL A DECISION OF THIS BOARD WILL NEED A RECORD
OF THE PROCEEDINGS PERTAINING THERETO, AND THEREFORE MAY NEED TO ENSURE
THAT A VERBATIm! RECORD OF THE PROCEEDINGS IS bLADE, WHICH RECORD INCLUDES
THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED.
ALL REGISTERED PUBLIC SPEAKERS WILL BE LI~IITED TO FIVE (5) bliNUTES UNLESS
PERMISSION FOR ADDITIONAL TI~IE IS GRANTED BY THE CHAIR~LAN.
ASSISTED LISTENING DEVICES FOR THE HEARING IMPAIRED ARE AVAILABLE IN THE
COUNTY COMMISSIONERS' OFFICE.
LUNCtl RECESS SCHEDULED FOR 12:00 NOON TO I:00 P.M.
re'VOCATION" Fo.:J'r~(" '"~'G5(3.~ ~ pt ne.,.JJ I - ,~'J'. ,fi. ii ~:::x~Th~) ~omo,,~ ~,,.,,'L'J'hoII'c. ~..,hL/r'c.h
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA AND CONSENT AGENDA
4. APPROVAL OF MINUTES
October 7, 1997 - Regular meeting.
PROCLAMATIONS AND SERVICE AWARDS
A)
PROCLAMATIONS
1) Proclamation proclaiming Aha Barbara Day to be accepted by Mr. Modesto Reye~
President of the Latin-American Festival of Collier County
B) SERVICE AWARDS
1) Eleanor Jane McDonald - Veteran Services - 10 )-cars
2) Robert S21v~ggio - Building Review & Permitting o 10 )'cars
3) Eric Watson - EMS - 10 )'cars
4) Charles Williams - Facilities Management - 5 }'cars
PRESENTATIONS
APPROVAL OF CLERK'S REPORT
A) ANALYSIS OF CHANGES TO RESERVES FOR CONTLNGENCIES-
1) General Fund (001) FY 96/97.
2) Community Development Fund (113) FY' 96/97.
3) Facilities Con~tructlon Fund (301) FY 96/97.
B) ANALYSIS OF CHANGES TO RESERVES FOR CONTINGENCIF-.S.
I) Gc.eral Fund (001) FY 97/98.
2) Community Development Fund (I 13) FY 97/98.
3) Facilities Construction Fund (301) FY 97/98.
C) To inform the Board of the Clerk's settlement arrangement in the matter of Dwight E.
Brock as Clerk of the Circuit Court of Collier County v. Meridian Securities, Lac.
Meridian Capital Markets, Inc. and Meridian BanCorp., Inc. and to request the Board to
authorize a general release from the claims against the afore-mentioned respondents.
PUBLIC PETITIONS
COUNTY ADMINISTRATOR'S REPORT
A)
B)
C)
D)
E)
F)
COUNTY ATTORNEY'S REPORT
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
PUBLIC WORKS
PUBLIC SERVICES
SUPPORT SERVICES
1) Approval of Purchasing Productixlty Implementation Plan
2) Discussion regarding request from hies of Capri Adxtsory Board
COUNTY ADMINISTRATOR
AIRPORT AUTHORITY
~ , ,, ...... III II I ! -'!
A)
Recommendation [or thc Board to consider a proposed settlement agreement regarding the
Lely Barefoot Beach Guardhouse litigation (continued from the 10/14/97 agenda)
10.
11.
BOARD OF COUNTY COMMISSIONERS
A) Appolntment of members to the Lely Golf Estates Beautification Adv|sory Committee.
B) Direction from the Board of County Commissioners regarding vacancy on the Collier
County Public Health Unit Advisory Board.
OTHER CONSTITUTIONAL OFFICERS
PUBLIC COMMENT ON GENERAL TOPICS
PUBLIC HEARINGS WILL BE HEARD IMMEDIATELY FOLLOWING STAFF
ITEMS
12.
ADVERTISED PUBLIC HEARINGS - BCC
A. COMPREHENSIVE PLAN AMENDMENTS
l)
Adoption of the 1996-97 EAR-based Growth Management Plan
Amendments in accordance with the adopted Evaluation and Appraisal
Report in accordance with BCC direction and in response to the
Objections, Recommendations, and Comments Report (ORC Report)
received from the Department of Community Affairs.
B. ZONING AMENDMENTS
C. OTHER
1)
Petition AV 97-019 to vacate a portion of a IS' wide drainage easement on
Lot 11, Block C, "Flamingo Estates" as recorded in Plat Book 10, Pages 34
and 35, Public Records of Collier County, Florida.
2)
Recommendation that the Board of County Commissioners adopt aa
Ordinance amending Ordinance 90-105, the Collier County Contractor°a
Licensing Board Ordinance.
3)
Petition SNR-97-6, Caroline Spounias requesting · street name chaage
from 2'~ Avenue S.W. to Mahogany Ridge Drh-e located la Golden Gate
Estates Unit 32 in Sec. 9, T49S, R26E. (Continued from the meeting ~'
9/23197)
4)
Petition SNR-97-7, Caroline Spounlas requesting a street name dmst~
from 4'~ Avenue S.W. to Carrotwood Road located in Golden Gate Fatales
Unit 32, in Sec. 9, T49S, R26E. (Continued from the meetin~M'9~
13.
s)
Petition SNR-9?-8, Caroline Spounlas requesting a street name change
from 6's Avenue S.W. to Tamarind Ridge Drive located in Golden Gate
Estates Unit 32, in Sec. 9, T49S, R26E. (Continued from the meeting of
9/2:I/97)
Petition SNR-97-9, Caroline Spounlas requesting a ~treet name change
from 8~ Avenue S.W. to Sycamore Drive located in Golden Gate Estate~
Units 32 and 3.l, in Sec~. 9 and 16, T-19S, R26E. (Continued from the
meeting of 9/23/97)
Recommcndatlon to adopt a resolution apg?o~ng amendments to the Fiscal
Year 1996-97 Adopted Budgct~.
BOARD OF ZONING APPEALS
ADVERTISED PUBLIC IIEARINGS
1)
Petition CU-97-19, Michael IL Corradi requesting Conditional Use "1" of
the "C-3" Zoning District (lndoor Amusements} to allow for a fortune
teller, palm reader, astrologer and spiritual counselor, to be located at
10401 Tamlami Trail North in Naples Park Subdivision.
Petition CU-97-18, William L. Hoover representing W. Christian Busk
(contract purchaser) requesting Conditional Use "21" of the Agriculture
Zoning District for retail plant nurscry for property located or the west
side of Old U.S. 41 and $00 feet ~outh of the Collier-Lee County llne, in
Sec. 10, T485, R2$E, consisting of 4.09 acres, more or les~. (Companion to
Agenda Item 13A.(7).
Pctltion V-97-9, Susan Rebel Watts of WCI Communities Limited
Partnership requesting a 250 square foot variance from the required I000
square foot minimum for multi-family units to 7S0 square feet per unit for
property located in Pelican Marsh East in Sec. 23, T48S, R2SE.
4)
Petition CU-97-20, Victoria Can' representing House of Prayer of the
Lix~ng God requesting Conditional Use "3" of the "VR" Zoning District to
allow for a church and church related sea,cea to be located at 619 North
Ninth Street in Immo 'kalte.
s)
Petition SV-97-1, Everglades Private A] _rbo__~ts repre~entlng CMC
Hearthland requesting a variance from Sec. 2.~.5.2..3.1 of the ]..DC which
allows a pole sign for buslnes~ with more than 1SO feet of road frontage
on a single roadway to alkm for two additional pelt signs for a total of
three for a property located on the south side of IJ.S. 41 approzlmately 19
miles east of S.R. 951 in Socs. 26 and 27, TS2S, R29E.
Petition NUA-97-2, Arthur C Quinneli representing Naples Land Yacht
Harbor, Inc., requesting a non-conforming use alteration in order to allow
unit owner~ to replace existing non-conforming mobile home unlts, a~
needed, in conformance with the Collier County Fire Code and so as not to
increase the existing non-conformities for property located at 2801 Palm
Street in Sec. 11, TS0S, R2$E.
14.
1~.
7)
Petition V-97-7, William L. Hoover representing Christian Busk (contract
purchaser) requesting a 0.91 acre variance from thc required lot area
requirement and a 33 foot variance from the required lot width for
agriculturally zoned property located on the west side of Old U.S. 41 and
500 feet south of thc Collier/Lee County linc in Sec. 10, T48S, R25E.
(Companion to Agenda Item 13A.(2)
s}
Petition V-97-8, Stcfani Lyn O'Neill representing Howard J. and Kay L.
Krapf requesting a 17 foot variance to the required rear setback of 25 feet
to 8 feet for property located at 1725 Wtnterberry Drive, further described
~ Lot 1, Krapf Subdh~slon. ('PURSUANT TO THE CHARTER FOR
THE CITY OF MARCO ISLAND AND THE OPI2q]ON OF THE OFFICE:
OF THE COUNTY ATTORNEY, THIS M~TTER MUST BE
REI~RRED TO THE CITY COUNCIL FOR MARCO ISLAJqD)
B. OTHER
STAFF'S COMMUNICATIONS
BOARD OF COUNTY COMMISSIONERS' COMMUNICATIONS
16.
CONSENT AGENDA - All matters listed under this item are considered to be routine and
action ss'ill be taken by one motion without separate discussion of each item. If discussion is
desired by a member of the Board, that item(s) will be removed from the Consent Agenda
and considered separately.
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
1) Request to approve the final plat of "Longshore Lake, Unit Four".
2)
Petition AV-97-018, request to approve for recording the final plat of
"Stoncbridge Unit Four", and approve the vacation of a portion of Tract
GC 9 of Southampton, Unit One.
a)
Petition AV-97-012, request to approve for recording the final plat of
"Carlton Lakes Tract G" and approve the vacation of Tracts G and C1
according to the plat of Carlton Lakes, Unit No. 1.
4)
Request to grant final acceptance of the roadway, drainage, water, and
sewer Improvements for the final plat of"Stonebridge Unit Two".
s)
6)
Recommendation to approve a contract renewal between Collier County
and Ihe Florida Department of Environmental Protection (FDEP) for the
clean-up of petroleum contaminated sites in Collier County.
Recommendation to approve a modification to Commercial Excavation
permit No. 59.206 'Willow Run Quarry" located in Sees. 11, 12, 13, and
14, TSOS, R26E, bounded on all sides by vacant land zoned aA" except for
the north side of the north parcel which abuts the Naples Golf Estates
PUD.
Be
C.
7)
Request to approve for recording the final plat of Silver Lakes Phase Two-
D.
PUBLIC WORKS
1) Inter-local Agreement between the City of Naples and Collier County
regarding the Gordon Rh'er Extension Basle Study.
2) Accept a Quitclaim Deed for the Marco Transfer Station from the Dcltona
Corporation.
3) Adjug Water Management CIP budget (Fund 325) to reflect t~4does in
Capital Program.
4) Waive the formal bid process and apprmT the Recycling Adverthlng
Campaign for FY 1997-98 on various telo4ston ~tation~, in local
newspapers and other local publications.
5) Approve Budget Amendment within the Utilities Operating Fund (408).
6) Authorization to enter Into, C'eflqent Order with the FlOrida Department
of En¥|ronmental Protect;o,
PUBLIC SERVICES
1) Approve Addendum il t relative to the Sugden Regional Park Preservation
2000 State Grant AwarrL
2)
Terminate the Ocean State Lemonade Concession Agreement at the
Golden Gate Aquatic Facilhy.
Secklng endorsement of a grant proposal In conjunction with the Collier
County Health Department, Naples Community Hospital, Collier Health
Sera'ices, Inc., and the Mar/on F.. Fcther Medical Center for the State
Primary Care Challenge Grant.
SUPPORT SERVICES
1)
This item has been deleted
Award of RFP 97-2668 for the purchase of ambulance billing software
COUNTY ADMINISTRATOR
1)
Recommendation to adopt the budget amendment appropriating carry
forward and expenditure budgets for open purchase orders at the end of
Fiscal Year 1997 In Fiscal Year 1998.
2) Budget Amendment Report.
3) Recommendation for Board consideration and approval of a Settlement
Agreement and Release of Claims between the County and · former County
employee
F. BOARD OF COUNTY COMMISSIONERS
G. MISCELLANEOUS CORRESPONDENCE
H. OTHER CONSTITUTIONAL OFFICERS
1) Apprtn'e the use of Confiscated Trust Funds to purchase specialized
equipment.
L COUNTY ATTORNEY
J. AIRPORT AUTHORITY
1) Recommendntlon to npprove the attached budget amendment which increnses
resccs'e for debt sers~¢e nnd grnnt revenue.
17. ADJOURN
INQUIRIES CONCERNING (~HAN(~ES TO THE BOARD'~ ~GENDA SHOUI~D BE MADE TO
THE COI.{NTY ADMIN!$TRATQR'$ QFFI(~E AT 774-838,3,
........ ii I III I II IIII -
/tGENDA CHANGES
BOARD OF COUNTY COMML~C/IONERS' BO/IRD MEETING
OCTOBER 28, 1997.
NQTICE OF CONTINUED ITEM: 9(B) -BOARD CONSIDERATION FOR APPROVAL
OF A REVISED DRAFT MEMORANDUM OF UNDERSTANDING-
ENVIRONMENTAL IMPACT STATEMENT (EIS) SOUTHW~ FLORIDA,
BETWEEN THE ARMY CORPS OF ENGINEERS, COLLIER COUNTY AND LEE
COUNTY. (COUNTY ATTORNEY).
ADD: ITEM 10(C) - RECOMMENDATION TO DECLARE VACANCIES ON THE
TOURIST DEVELOPMENT COUNCIL. (BOARD REQUEST).
CONTINUE: ITEM 8(D)(1) TO 11/4 MEETING: - APPROVAL O]~ PURCHASING
PRODUCTIVITY IMPLEMENTATION PLAN (STAFF'S REQUEST).
CONTINUE: ITEM 8(D)(2) TO 1 I/4 MEETING: - DISCUSSION REGARDING
REQUEST FROM ISLES OF CAPRI ADVISORY BOARD. (STAFF'S REQUEST).
CONTINUE: ITEM 9(A) (NO DATE) - RECOMMENDATION TO CONSIDER A
PROPOSED SETTLEMENT AGREEMENT REGARDING THE LELY BAREFOOT
BEACH GUARDHOUSE LITIGATION. (COUNTY ATTORNEY'S REQUEST).
i~ROCLAMA TfON
;VH£R£AS, Aaa Barbara. better b~own at the Queen of tht 'M~lca Grupera", Is a natl~
of i~lo Fe.'de. San Luis Potati. Mexico: and
IVHEREAS, Ana Barbara 't httt havt reacl~d the blllboard list for JO plat ~'t~t in th~
U. XA. and Mexico; and
WIIEItF..48, ~na Barbara It tht recipient of one of tbt tno~ pr~t~ awar~ in th~
Sl'nmbh mar~t 'Fl Premto L~ N~ttro"; and
fVtlER£AS, Ana Barbara hat also won numerous o~her awardt, Including 'Furta Mutical' ;
,, .. , ,. i ,' .,,~ . ; . ';~ .
c~t~t In the ~n;t~ St~. ~ ~t~ ~ ..
.' i ''.".'' ,' '. " ~ ' ~'''.:
~, ~or;do, t~ N~m~r ~0. I~ ~
· ., ~ . '::, .' , ~ · . . ~.',
DONEAND ORDBRBD ~IS 28th ~ of October. I~Z , .... . ~
DtYIGHT E. BROCK. CLEP~K
BOARD OF COUNTY COMMI,.~SIONER;8
COLLIER COUNTY. FLORIDA
For me meeting date of October 28. 1997
CLERK'S PJEPORT
Analysis of Changes to Reserves fo,' Contingencies
1. General Fund (001) FY 96/97
2. Community Development Fund (113) FY 96/97
3. Facilities Con strucfion FunO (301) FY 96/97
6B.
Anal/sis of Changes to Reserves for Contingencies
1. Get, emi Fun<~ (001) FY 97/98
2. Community Development Fund (113) FY 97/96
3. Facilities Construction Furx:l (301) FY 97/9~
OCT 2 8
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
For the meeting date of October 28, 1997
FY 1996-97
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/96
Current Balance 9/30/97'
(Reductions) or increases as explained below
B.A.
Date Request
11-27-96 48
EXPLANATION OF REDUCTIONS
Explanation
To repair the botloms of the activity and plunge pool.
4,675,900
5,097,506
$ 421,606
(Reduction)/
Increase
(16,500.00)
12-11-96
64 To pay Utility expenses for Immokalee Child Care Canter
(11,000.00)
12-11-96
68 To repair the Central Library Chiller
(14,475.00)
12-31-96
1-16-97
1-22-97
92
Reduce t~nsfer to Road and Bridge due to additional
revenue received fro roadway sweeping and mowing.
41,300.00
110 To execute the Fair Labor Standards Act set'dement agreemen (42,770.00)
and releases with plantJffs no longer employed by EMS.
To recognize carry foMard and reduce required
budget revenues.
119
1,364,600.00
1-31-97
143
To proceed with Tax Deed Appliations for delinquent
taxes for 1994 tax certificates,
(35,500.00)
2-11-97
163 To fund gain sharing awards as approved by BCC 12-17-96 (80,956.00)
2-28-97
3-17-97
187
202
To fund emergency repairs to the Immokalee Jail, Naples Jail
and building K ice machine.
To pay the cost of hiring a new County Administrator.
(12,500.00)
(15,500.00)
5-5-97
5-7-97
248 Improvements and new fum~um for Ihe GoMen Gate Lftxary. (53,000.00)
252 To provide funds for mandated Medicade costs. (435,000.00)
purchase of land in W',~gtns Bay Basin. 47,600.00
pg_ I
Page 2
6-1697
2~9
To fund Summer Youth Nights in Naples and Immokelee
(lo,ooo.oo)
6-25-97
8-4-97
8-12-97
8-19-97
312
392
401
411
To cover the cost of updates to the CoBer County
Code of Laws and Ordinances.
To fund a Law Enforcement and Con'ectiof~l
Facta'Je~ Impact Fee Study.
To cove' County Manage~ ten-ninat~m fee, end
cost for new manager.
To pay for the first year of maintenance for HRI$.
Engine overhaul on Hermopt~
(14,5(x.,.oo)
(95,500.00)
(Ol,OOo.oo)
(20,500.00)
(1~,13~.oo)
9-3-97
9-15.-g7
429
437
To purchase Block t79 in Golden Gate for neighbodxxx!
park.
To recognize add'~onal carry fon~ard from FY 96.
(so.9oo.oo)
110,200.00
9-25-97
9-24-97
480
482
Funds needed to cover the increase in the FY97 Tax
increment payments to the City of Naples.
To Transfer Funds from FY96 needed to match fees.
(23,560.00)
(22,319.00)
Amendments amounting to less than
S10,000 each: (No.: 29, 17, 66, 69, 51,161,162,336
434,470,463)
(46,576)
Total Reductions
421,606
OCT 2 8 1997
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUHD (1t:3)
RESERVE FOR COHTINGENCIE$
For the meeting date of October 28, 1997
FY 1996-97
RESERVE FOR CON*RNGEHCIE$:
Ordinal Budget 10/01/96
Current Balance
(Redu~ns) or Increases as explained below
B.A.
Request.
Datl
1-22.-g7 112
5-3097 285
9-30 473
EXPLANATION OF REDUCTIONS
Explanation
Fun~$ prov{ded by excess c3rry forward
Funds needed to continue microfilming l:Rdldlng permit files to
room for add'Cional record storage.
To cover expenses associated with 3 vehicles.
Total Reductions
277.400
748,100
470.700
485,200.00
(13,000.00)
(1,500.00)
470,700.00,,
0 CT 2 8 lgg7
ANALYSIS OF CHANGES TO FAClUTIE$ CONSTRUCTION FUND (301)
RESERVE FOR CONTINGENCIES
For the meeting date of October 28, 1997
R~S~ FOR CONTINGENCIES;
Original Budget 10/01~g6
Currant Balance 9/30/97
(Reductions) o~ Increases ms explained bek~w
B~.
Date Request
2-11-97 148
EXPLANATION OF REDUC11ON$
Explanation
Addition carry fonvard is needed for ongoing projecta
for 1997.
294,400
191,142
(Reduction),'
Increase
2-24-97 156
Funds not needed for Lighting Retrof'~s, retumed
to reserves.
15,000.00
3-5-97 196
5-23-07 281
7-3-97 324
7-18-97 356
Funds needed to cover the cost of professional
landscaping for East 41.
Funds needed to upgrade NC system, Security, Stgnage, and
repair to bathrooms at Immokalee Aquatic Centre'.
To install electrical drculating fans in each day mom
at the County's main jail.
To replace the air conditioner at the kitchen in Itm
Immokalee Jail.
(32,000.00)
(28,420.00)
(25,375.00)
(11,202.00)
9-5-97 440
9-23-g7 430
To test, adjust and repair major elect, cai componen~
on the main Government Complex,
To fund bid for Space needs assessment analysis.
(25,7~4.oo)
(216,000.00)
Amendments amounting to less than
$10,000 each: (No.: 25, 210,302,309,325,338,473)
(37,001.00)
Total reductions
0 CT 2 8 1997
ANALYSIS OF CHANGES TO GENERAL FUND (001)
RESERVE FOR CONTINGENCIES
For the meeting date of October 28, 1997
FY 1997-98
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/97
Current Balance 10/17/97
(Reductions) or increases as explained below
Date
B.A.
Request
EXPLANATION OF REDUCTIONS
Explanation
$ 4,444,500
4,438,500
(Reductlon)l
Increase
Amendments amounting to less than
$10,000 each: (No.: 8,)
(6.ooo)
Total Reductions
OCT 2 8 1997
ANALYSIS OF CHANGES TO COMMUNITY DEVELOPMENT FUND (113)
RESERVE FOR CONTINGENCIES
For the meeting date of October 28, 1997
FY1997-98
RESERVE FOR CONTINGENCIE8:
Original Budget 10/01/97
Current Balance 10117/97
(Reductions) or increases as explained below
EXPLANATION OF REDUCTIONS
B.A.
Date Request Explanation
$ 621,000
621,000
$ 0
(Reduction)/
Increase
NONE
Total Reductions
$ 0.00
OCT 2 8 1997
ANALYSIS OF CHANGES TO FACILmES CONSTRUCTION FUND (301)
RESERVE FOR CONTINGENCIES
For the meeting date of October 28, 1997
FY' lgg7-g8
RESERVE FOR CONTINGENCIES:
Original Budget 10/01/97
Current Balance 10/17/97
(Reductions) o~ increases as explained below
B.A.
Date Request
EXPLANATION OF REDUCTIONS
Explanation
10-9-97 6
To replace electrical cable to Main Government Complex.
Amendments amounting to less than
$10,000 each: (No.:)
Total reductions
232,700
211,655
(21,045)
(Reduction)/
Increase
(21,045.00)
(21,045.00)
OCT 2 8 19.q7
Pa. I
EXECUTIVE SUMMARY
TO INFO?/~ TKE BOARD OF COUNTY COMMISSIONERS OF THE CLERK OF
THE CIRCUIT COURT'S SETTLEMENT ARRANGEMENT IN THE MATTER OF
DWIGHT E. BROCK AS CLERK OF THE CIRCUIT COURT OF COLLIER
COUNTY V. MERIDIAN SECURITI ES, INC., MERIDIAN CAPITAL
MARKETS, INC., AND MERIDIAN BANCORP, INC. AND TO REQUEST THE
BOARD TO AUTHORIZE A GENERAL RELEASE FROM THE CLAIMS AGAINST
THE AFOREMENTIONED RESPONDENTS.
OBJECTIVE:
To inform the Board of County Commissioners of the Clerk of
the Circuit Court's settlement arrangements in the matter
outlined above, and to request the Board to authorize a
General Release from claims against the Respondents.
CONSIDERATION:
In the matter of Dwight E. Brock, as Clerk of the Circuit
Court of Collier County v. Meridian Securities, Inc.,
Meridian Capital Markets, Inc., and Meridian Bancorp, Inc.,
an agreement has been reached that is acceptable by both
parties.
The settlement calls for a cash settlement of $1,200,000 to
the Clerk of the Circuit Court and a General Release from the
Clerk of the Circuit Court and the Collier County Board of
County Commissioners.
FISCAL IMPACT:
The settlement in this matter includes a payment
$1,200,000 to the Clerk of the Circuit Court.
of
RECOMMENDATION:
The Board of County Commissioners authorize the execution of
the General Release form regarding the matter outlined above.
Prepared By:
Approved By:
~a~m w., ,,~' ~?~,~,,~, Date:
es L. Mitchell
Director of Finance and Accounting
Dg fg,~:: ' E .-'- B?ock
Cle~3~ of the Circuit Court
Date:
N~TION~L ASSOCIATION OF SECURITIES DEALERS
DWIGHT E. BROCK, as Clerk of
the Circuit court of Collie:-
County
Petitioner
MERIDIAN SECURITIES, INC.,
MERIDIAN CAPITAL MARKETS, INC.
and MERIDIAN BANCORP, INC.,
Respondents
NASD Case No. 96-00747
0ETTLEMENT AND RELEASE ~GREE~EI~[
This Settlement and Release Agreement (the "Agreement") is
made this day of ., 1997 by and between
Dwight E. Brock, as Clerk of the Circuit Court of Collier County
("Brock") and Meridian Securities, Inc., Meridian Capital
Markets, Inc. and Meridian Bancorp, Inc. (the Meridian entities
are collecti"ely referred to as "Meridian"). For purposes of
this Agreema~.t, Meridian includes all of the Meridian entities'
respective predecessors, successors, whether by acquisition,
merger or otherwise, parents, subsidiaries, affiliates',
divisions, attorneys, current and former employees, including
Robert Lipp.
~ERMS OF AGREEMENT
1. Meridian has caused $1.2 million ("Settlement Pay~nent")
to be paid to the trust account of Grady & Associates, LPA,
receipt of which is hereby acknowledged, such funds to be held in
escrow pending execution of this Agreement, and the satisfaction
of the conditions set forth in the following paragraphs of this
Agreement. OCT'
2. The Clerk will execute and deliver a General Release of
Meridian in the form attached hereto as Exhibit "A", and the
Collier County Board of Commissioners will execute and deliver a
General Release of Meridian in the form attached hereto as
Exhibit "C", delivery of which is a condition precedent to
release of the Settlement Payment. Meridian and Robert Lipp will
execute and deliver a General Release of the Clerk in the form
attached hereto as Exhibit "B", and a General Release of hhe
Collier County Board of Commissioners in the form attached hereto
as Exhibit "D".
3. The parties hereto explicitly acknowledge that this
Agreement shall not constitute evidence of liability or any
wrongdoing on the part of Meridian, and that Meridian denies any
liability or wrongdoing in connection herewith. The parties
further acknowledge that this Agreement has been reached in order
to avoid unnecessary expense and potential future publicity. The
Agreement may not be used as evidence in any proceeding other
than a proceeding to enforce the terms of the Agreement.
4. The Clerk shall take appropriate steps to seek approval
of the Agreement by the Collier County Board of Commissioners
("Commissioners"), and the parties hereto agree that such
approval by the Commissioners is a condition precedent to the
consummation of this settlement and the release of the Settlement
Payment from escrow. The Clerk agrees to furnish appropriate
proof of the Commissioners' approval on or before November 30,
1997. If the Commissioners reject this settlement or fail to
approve it by November 30, 1997, Grady Associates, LPA agrees to
2
return the Settlement Payment promptly to Meridian, whereupon
this Agreement and the Release shall become null and void.
5. The Clerk and the Clerk's employees and attorneys agree
to take no affirmative steps to issue press releases or otherwise
publicize the settlement of the above-captioned litigation or
this Agreement. The Clerk and the Clerk's employees and
attorneys will limit their responses to any inquiries regarding
the above-captioned litigation, this settlement or this
Agreement. The Clerk and the Clerk's employees and attorneys
agree to make no public statement inconsistent with the contents
of this Agreement. Notwithstanding the foregoing, the Clerk and
the Clerk's employees may make any disclosures required by legal
process, Court order or the Florida Sunshine Act or to the
Clerk's current or future attorneys and auditors in connection
with their performance of their duties.
6. This Agreement is intended to constitute a full and
final resolution of all disputes between and among the parties
relating in any way to or arising out of the above captioned
litigation.
7. The parties agree that immediately upon execution this
Agreement, they will jointly inform the National Association of
Securities Dealers of this settlement, and shall cause the
proceeding before the National Association of Securities Dealers
to be discontinued without prejudice. Upon approval by the
Commissioners, the proceeding will be discontinued with
prejudice.
AGENI~AJTEM
OCT 2
Pcjo , ¢
L_I ................................................................ ,
a)
b)
c)
d)
e)
This writing constitutes the complete, final and
entire understanding of the parties hereto, and
the parties shall not be bound by any terms,
covenants, conditions or representations not
expressly herein contained in writing.
This Agreement may not be modified or changed
orally, but only by an agreement in writing signed
by the party against whom enforcement of any such
change is sought.
This Agreement shall be construed without regard
to any presumption or other rule requiring
construction against the party who caused it to
have been drafted.
This Agreement may be executed in counterparts,
and when each party has signed and delivered at
least one such counterpart, each counterpart shall
be deemed an original, and when taken together
with other signed counterparts, shall constitute
one Agreement, which shall be binding upon and
effective as to all parties.
Should any term(s), condition(s), or provisions(s)
of this Agreement be declared or determined by any
court or body of arbitrators to be illegal or
invalid, the validity of the remaining terms,
conditions and provisions hereof shall not be
affected thereby, and the illegal or invalid
4 OCT 2
terms(s), condition(s) or provision(s) shall be
deemed removed from this Agreement.
IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date and year first written above.
Clerk of the Circuit
Court of Collier County
By:
DWight E. Brock
Grady & Associates, LPA
By:
Meridian Securities, Inc.
By:
Meridian Capital Markets, Inc.
By:
Meridian Bancorp, Inc.
Approved and accepted by
Board of Commissioners of
Collier County
By:
5
By:
EXECUTIVE SUMMARY
APPROVAL OF PURCHASING PRODUCTIVITY IMPLEMENTATION PLAN.
OBJECTIVE: To provide to the Board an implementation plan in response to the
recommendations of the Productivity Committee's report regarding the County's
purchasing processes and to obtain Board direction regarding spec[ftc policy
issues addressed herein.
CONSIDERATIONS: On September 23, 1997, the Productivity Committee
presented a comprehensive report and set of 21 recommendations intended to
further enhance the County's purchasing-related processes. Staff was directed
to review the full report and develop a plan for development and implementation.
As a companion to this executive summary, enclosed is the proposed
implementation plan. The plan contains seven phases, most of which will be
completed over the next calendar year. Several of the items can be investigated
and in some cases, implemented without further Board approval. Others will
require adoption of policies by the Board at a future date. The following items
require immediate Board direction priorto commencement of the enclosed plan:
1)
The Proposed Conflict of Interest Ordinance. The Committee recommended
that the Board adopt an ordinance prohibiting former employees above a
certain level from representing others before the County govemment for a
period of two years after leaving County employment. Staff has carefully
considered this proposal, but does not recommend adoption based on the
potential negative impact on recruiting qualified professionals in the future
and the potential difficulties in consistently enforcing such an ordinance.
2)
Increasing the Formal Competitive Threshold. The Committee advocated
raising the formal competitive threshold from $15,000 to $25,000. Staff
concurs with this proposal, believing it to be consistent with the thresholds of
other similar counties and recommends that the Board direct staff to prepare
a resolution to this effect for subsequent adoption.
In addition to providing direction pertaining to the two items listed above, staff
recommends that the Board approve the implementation plan as proposed.
FISCAL IMPACT: None at this time. It is staff's intent to identify prospective
impacts on the County's budget by April, 1998 and incorporate them into the FY
99 budget process.
RECOMMENDATION: That the Board of County Commissioners consider and
approve the Purchasing Productivity implementation Plan as presented herein.
· Steve C~rnell, ~' , ~
Purchasi~General Services ~
Leo Oct~ Jr., / //
Support Services Adrfilni~r~tor
[,[[[,n[~ [[ liin I I Il I I---- Illll [I
MEMORANDUM
Date:
To:
From:
Through:
Subj:
October 17, 1997
The Board of County Commissioners
Steve Camell, Purchasing/General Services Director, CSM
Robert F. Fernandez, County Administrator
Leo Ochs Jr., Support Services Administrator
Purchasing Productivity Implementation Plan
Please find enclosed the proposed implementation plan in response to the
Productivity Committee's Purchasing Subcommittee report. The plan addresses
the committee's 21 recommendations through ;a seven phase response, each of
which are described herein. The phases have been arranged roughly in
chronological order with many of them overlapping or running concurrently. Also
find enclosed a proposed schedule for implementing each phase. Each date
listed in the schedule is by fiscal year and quarter (the latter of which is identified
by roman numeral).
The committee report did not specifically address the staff resources required to
implement the recommendations. Accordingly, phases 2-4 include feasibility
reviews that will verify the value of the proposed change and also assess the
possible need for additional resources. The feasibility phases have bccn
scheduled for completion in the second quarter of the fiscal year so as to ensure
that any requisite additional resources are identified in the FY 99 budget
process.
The following is a definition and summary of each of the proposed phases:
1)
Initial Tasks. This phase includes independent items that can be addressed
and implemented expeditiously. These include addressing the proposed
conflict of interest ordinance; increasing the formal competitive threshold to
$25,000; investigating the consolidation of heavy equipment purchases;
changing the professional services agreements to limit the authority of
outside consultants to negotiate contract changes on behalf of the County
and ensuring continuity and proper support from the County Attorney's ~.
With regard to the conflict of interest policy and the adjusting of competitive
thresholds, staff is recommending that both of these items be discussed
~pecifically with the Board before fudher pursuing (or not pursuing) either
item.
2 a m7 I
I
2)
3)
Training/Development. This phase initially involves identifying and prioritizing
training topics (many of which are referenced in and already gleaned from the
report), assessing the (hard and soft $) resources needed to provide the
selected curriculum and then implementing training to the extent possible
using existing resources. Should the assessment of resources identify the
need for additional budgetary resources, said items would be included in the
FY 99 budget process and if approved, implemented in FY 99.
Past Performance Data Base. Under this phase, staff would develop and
implement a history-driven evaluation system for recording and assessing the
performance of vendors over time. The data derived from the system would
become a standard criterion for bid and RFP evaluation for future County
contracts. The phase is broken into two sub-phases, ('Feasibility" and
"Implementation" respectively). Under the first sub-phase, the concept would
be further developed and researched to assure that all legal, policy and
business issues have been properly considered. The impact on existing
resources would also be assessed to determine if additional resources are
required. If the concept is deemed viable and desirable at the completion of
this sub-phase, work would proceed into the implementation sub-phase.
4)
Change Order Negotiations and General Cost Analysis. Under this phase,
staff would review current change order negotiation practices and re-visit the
concept of an enhanced cost analysis function. Professional literature would
be reviewed and a cost-benefit analysis conducted to determine if a more
centralized approach to negotiation and analysis would be warranted. As with
phases 2 and 3, the need for additional resources would be subsequently
evaluated and incorporated in the FY 99 budget process.
5)
Credit Card Purchases. This phase calls for Purchasing staff to competitively
procure a contract enabling the transacting of small purchases via credit card.
The program would be implemented on a pilot basis initially with the
involvement of key support (e.g.; Finance) and operating (e.g; Facil'~es
Management) departments. The program would operate as a pilot for a
period of at least 30 days, evaluated and either expanded (wffh/without
modifications) to all users or discontinued altogether, depending on the
results of the pilot.
6)
Bid/Contract File Review. Hem, Purchasing will lead an effort to standardize
the County's contract files primarily by identifying the critical documents and
the appropriate custodian of each document. The results of this effort would
be disseminated to the organization via memorandum and referenced in
training courses.
Standard Contract Clauses. The Purchasing Department already maintains
several standard agreement forms and clauses. Under this phase,
Purchasing staff would take steps to update these agreements and develop
checldists to ensure the proper selection of clauses on a contract-by-contract
basis.
Questions concerning the plan as proposed may be directed to staff during the
agenda item presentation.
PRODUCTIVITY COMMITTEE RECOMMENDATIONS
IMPLEMENTATION PLAN
PROGRAM PHASE
COMMENCENT
DATE
COMPLETION
DATE
1. INITIAL TASKS
BCC Direction (Conflict of
Interest, $ Thresholds, etc.)
· Std. Heavy Equipment
· PSA Language Change
· Legal Support
· BCC Policy Changes
1 0-1-97
10-1-97
10-1-97
10-1-97
10-1-97
12-31-97
12-31-97
12-31-97
12-31-97
12-31-97
2. TRAINING/DEVELOPMENT
· ID Curriculum
· Resource Assessment
· Partial Implementation
· Final Implementation
3. PAST PERFORMANCE DATA BASE
Feasibility
·
·
·
·
·
(Go/No Go):
ID Data Fields
Literature Review
Develop Conceptual Statement
ID Legal Issues
Develop Project Classifications
Resource Assessment
1-1-98
1-1-98
4-1-98
10-1-98
1-1-98
4-1-98
4-1-98
7-1-98
3-31-99
4-1-98
PRODUCTMTY COMMITTEE RECOMMENDATIONS
IMPLEMENTATION PLAN
(Cont..)
PROGRAM PHASE
COMMENCENT
DATE
COMPLETION
DATE
3. PAST PERFORMANCE
DATA BASE (Cont.)
· Implementation (If'Go", Develop): 7-1-98
· Project Classifications
· Evaluation Methodology/system
· Data Collection System
Interface into Source Selection
process
BCC Approval of PPDS Policy
CHANGE ORDER NEGOTIATIONS
AND GENERAL COST ANALYSIS
3-31-99
· Assess Current Situation
(both concepts)
· Review Professional Literature
1-1-98
4-1-98
· Develop Standards for CO Negotiations 1-1-98
4-1-98
· ID Costs/Benefits of greater
centralization (both concepts)
1-1-98
4-1-98
· Select Appropriate Solution
(including roles of various depts.).
1-1-98
4-1-98
· Resource Assessment
· Implement and Institutionalize Changes
1-1-98
7-1-98
4-1-98
3-31-99
PRODUCTIVITY COMMITTEE RECOMMENDATIONS
IMPLEMENTATION PLAN
(Con'..]
PROGRAM PHA~,E
5. CREDIT CARD PURCHASES
· Analyze terms of available programs.
· Identify key depts, for pilot program.
· Implement pilot and evaluate.
· Expand to Full Implementation or
discontinue pilot (depending on results
of pilot).
COMMENCENT
pATE
4-1-98
4-1-98
4-1-98
7-1-98
COMPLETION
DATE
6-30-98
6-30-98
6-30-98
12-31-98
BID/CONTRACT FILE REVIEW
· Preliminary ID critical documents.
· Ask select depts, to review + comment.
· Draft/implement procedure identifying
critical documents + custodian department.
· Incorporate into training curriculum.
7-1-98
9-30-98
STANDARD CONTRACT DOCUMENTS
· Create Terms and Conditions Checklist
for training and quality control purposes.
10-1-98
12-31-98
Re-evaluate and formally ID the following:
· Forms of Solicitation packages
· Forms of Contracts
EXECUTIVE SUMMARY
RECOMMENDATION FOR THE BOARD TO CONSIDER A
PROPOSED SETTLEMENT AGREEMENT REGARDING
THE LELY BAREFOOT BEACH GUARDHOUSE
LITIGATION
OIM'E~: For the Board to consider a proposed Settlement Agreement to resolve
litigalion concerning the existence ofa guardl~use on Lely Beach Boulevard wkich.serves as the
entry point to a State Preserve, Lely Barefoot Beach Coun~ Park and L~ly Barefoot Besch
CONSIDERATIONS: On October 14, 1997, this matter was brought to the Board to
consider a proposed Settlement Agreement. On October 13, 1997, the Attorney General's Office
faxed the attached letter to the County Attorney's Office expressing concerns about said
Agreement, and requesting participation in the settlement discussions. The Board voted to
continue this matter until the October 28, 1997 meeting date (the Property Owners did not object
to this continuance), and to direct the County Attorney's Office to discuss the situation with the
Attorney General's representative and the Property Owners. As of the date and time of this
submission, arrangements are being made with all Parties to comply with the Board's direction
(see attached County Attomey's Office and Attorney General's Office co~ndence).
The proposed Settlement Agreement attempts to strike a balance between the competing
considerations of unimpeded public access to the State Preserve and Lely Barefoot Beach County
Park along Lely Beach Boulevard and the Property Owners' need for security, especially at
nighttime. The significant provisions of the proposed Settlement Agreement are as follows:
The Homeowners recognize the right of unimlxxied public access through
the g~ardhouse and along Lely Beach Boulevard to the Park facilities
during regular park operating hou~ each and every day ofth¢ year.
The County agrees to waive, dismiss and/or release any present or future
claims challenging the current guardhouse location. Further, the
does not, and shall not in the future, object to or contest the rights of the
Homeowners to occupy, operate, improve and maintain the guardhouse as
set forth in the agreement. The County may reasonably monitor
operation of the guardhouse during daylight hours when the Park facilities
are open and the Homeowners may simultaneously maintain their own
personnel in thc guardhouse. ,
OCT Z 8 1997
Section Four of the Agreement sets forth the es_~mtial terms of guardhouse
operation. Of primaot importance in this r~ction is the requirement that
the gates at the guardhouse shall be in the "up" position during open park
hours; the Master Association shall pay a fee to the Collier County Parks
and Recreation Department equal to thc amount of the average cost of one-
half (1/2) of a Ranger each year, the Ranger will serve to inform the public
of access and availability of thc Pa,dc facilities and to provide traffic
information; the Property Owners, in their sole discretion, may close the
gates across the road after official Park operating hours.
The Parties agree that the current number of parking spae. e~ at the Pre,eryc
are at the maximum number allowed by the current Land Management
Plan between the County and the Sta~e of Florida. The County recognizes
that, under the current Land Management Plan, there exists an additional
one hundred (100) spaces in excess under the current formula. County, in
this proposed Agreement, agrees that it shall not add any pm'king spaces
beyond the present amount unless and until the State of Flofida and Collier
County, through required publicly advertised and open public meetings,
amend the formula used for carrying capacity at the Preserve.
The Homeowners agree to unconditionally and completely r~lease thc
County from the provisions of a prior Use/Access Agreement (Exhibit 2
attached) regarding limiting the number of vehicles accessing the property
to the number of actual parking spaces located on the Preserve property.
The Parties agree to work together to install informational signage,
compatible with the character of the subdivision, to inform/advise the
public of the Park locations, parking fees and parking space availability.
o
The Parties agree to file a joint Motion to Dismiss with Prejudice the
Circuit Court ease seeking declaratory and injunctive relief against the
County with respect to thc guardhouse location and the number ofparking
spaces. The County also agrees to dismiss with prejudice its appeal
against the property owners resulting fi'om proceedings held befor~ th~
Collier County Code Enforcement Board. Both Parties agree not to seek
costs, expenses and attorney's fees against each other, resulting from the
actions which have been flied. The Parties will request that the Circuit
Court retain jurisdiction for purposes of enforcement of the Agreement.
If the Board were to choose to not approve this Settlement Agreement, then it is
anticipated that litigation will continue with regard to the appeal of the Code Enforcement Board
case by the County, and the County will also need to continue to defend the Circuit Court action
by the Property Owners.
2
OCT 2 8 1997
'0
This proposed Agreement has been provided to the office of the Attorney Gen~ of the
State of Florida. The County Attorney's Office will inform the Board as to any response from
the Attorney General in regard to the proposed AgreemenL
FISCAL IMPACT: if the Agreement is approved, it is estimated that the rise. al impact upon
County staff will be $3,000.00 for signag¢. Funds would have to be transferred from General
Fund (001) reserves for that purpose. If the Agreement is not approved by the Bo~-d, litigation
co~'ts for the Ir/al and appeal of both the Code Enforcement ~ion md the Circuit Court action
are estimated to be. approximately $50,000.~ or more for the County.
GROWTH MANAGEMENT IMPACT: None.
RECOMMENDATION: That the Board of County Commissioners consider approval of the
attached proposed Settlement Agreement in order to resolve the legal and political controversy
which has raged for approximately ten (I0) year~ with regard to the existence and location of the
guardhouse on Lely Beach Boulevard at the entrance to the Lely Barefoot Beach mb&vision, the
State Preserve and the Collier County Lely Barefoot Beach Park. If the Board approves the
proposed Agreement, that the Board further authorize the Chairman to sign said Settlement
Agreement on behalf of the Board, authorize the County Attorney to file the necessary dismissal
documents in the litigation cases involving the guardhouse and approve a budget amendment of
$3,000.00 fi'om General Fund reserves to the Parks and Recreation Department. If the Board
chooses not to approve the proposed Settlement Agreement, that the Board direct the County
Attorney's Office to continue to conclusion the Code Enforcement Board appeal and the defense
of the Circuit Court action.
Prepared ~:
"~ Ramiro Maflalich
Chief Assistant County Attorney
h:V=~s~,. ,87~clysettlea~r2 -tm
3
OCT 2 8 1997
SETTLEMENT AGREEMENT
THIS gETrL£MENT AGREEMENT, ("Agreement"), is entered into this .. day of
, I997, by and bet~veen thc Board of County Commissioners of Collier Count,.; Florida, a
political subdivision of' the State of Florida, ("County"), and Lely Bar~oot Beach Property Owners'
Association, Inc., a Florida corporation, ("Property O~ers"), and Lei)' Barefoot Beach Master
Association, Inc., a Florida corporation, ('Master Association"), (collecti~l¥, thc Property Owr~rs and
Master Association ma}' be tel'erred lo as 'Homems~ers") (and all the parties to this agreement mas' be
referred to as the 'Parties').
WITb'E$$ETH:
WHEREAS, the Prope~' 0smers and Master Association are hom~bsmers" associations
representing residents of' the Lel}' Barefoot Beach subdMsion (the '$ubdisision') located in Collier Count..',
Florida; and
WHEREAS, there is a certain meandering north-south road running through the subdisision
cornmonly l~ms~ as Lel}' Beach Boulevard (the 'Road'); and
WHEREAS, Properg.' Owners osm the £ollmsing described real propeR' comprising lhe nor,hem
most section o£th¢ Road:
Tract R of Lely Barefoot Beach, Unit One, according to thc map or plat
thereof' on file and recorded in the Ofticc of d~c Clerk of the Circuit
Court of Collier Count5.', Florida, in Plat Book I2, Pages 34-37,
inclusive, more. commonly knoss~ as LeIy Beach Boulevard ("Tract R");
and
V,~-tEP,.EAS, M~stcr Association o~s~s that portion of thc Road beginning at the southern most
point o~ed by Property O~ers and continuing south to the Road's southern terminus; and
Settlement Asre~ment
219g$1-l.doc of
Page ! of 10
AGEN~,,Ei'EM
OCT 2 U 1997
WHEREAS, thc Prope~' O~crs and or thc M;)~'ter Association are the successors in intercst of
Lei}' Dc~'clopmen: Corporation ns to that certain Usc/Access Agt;ement chtcd No~.cmbcr 10, 1987 bct~-n
the County and Lely Development Corporation; and
WI-~P.F. AS, t~e Count)' o~vns o~trlght certain l~d lying ~t t~e southern terminus ot'the Road, md
it controls by vi~'ue of' a lezse from the St~te of FloricL~ l~,.d upon ~t~ich it operates Barefoot Beach
I~resen~ Count' Park (the "Park"); md
WI-~RF. AS, the Road leading into the P~rk is a priv~tely-o~ed road md is the sole land-use
ace.s to Lely Barefoot Be~ch subdivision, a community ot' pri~-ately-o~ed homes, as xvell as t~e sole
Ired-use access to the Park and State Preser~'e at the southern end ofthe Road; md
WI-[EP,.EAS, the Count' and the State of Fiorid~ have easement access rights ~vhJch include the
Road for the public to reach the Park and the State Preser,,'e (collecti~ly, the "Preserve"); and
%
~,~,~I]~P,.EAS, Homeo~ers use the Road to access their homes and operate a Guzrc~house loc~ted in
the middle of.the Ro~d, appro×imately 252.1 feet south of.the pavement line of.Bonita Beach l~ad; and
WI-~P-~AS, ~ controversy h~s developed bet~veen the Pardes regarding e~ch other's rights
respect to the location of the Guardhouse, the use of the Road by members of the general public to access
the Park, the operation of the Guardhouse, ~d the ~lidi~' and enforccnbili~..' of'~-arious contrncts; and
WI-IEI~AS, Homeo~ers t~ve sued the Co~ty in the pending Circuit Court Case, No. 9~43073-
CA-01, in the 20t~ Judicial Circuit in and for Collier Count', FloricL% seeking declarntory relief' x~h
respect to the Guardhouse location on the Road and ceftin docm'nents, ot' public record, ~t~ich establish
and/or L~Fact the public's perrnment easement rights on the P,~ad to access the public P~tc L~ds ~nd/or to
the Preserve to the south; and
WI-IEREAS, in the pending Circui~ Cour~ Case, No. 954)073-CA431, in the 20~ ludici~l Circuit
in and for Collier County, Flori~, l-Iomeo~vners also seek injunctive rcliei' ~vith respect to a Count}.' Code
Enforcement Board ("CEB") enforcement proceeding, ~vher~in the CourtW seeks to declare t~c
loc~tion in violation o£ the controlling PUD OrclLn,'mco and thereby, to obi.lin t~ ultimate remedy, a CEB
Order directing the immediate remo~l of' the Guardhouse from the Road in Tract R. or surf'er thc legal
consequences of iznposidons of fines, liens and ultimate foreclosure prigs; and
Settlement Agr~*me~t
2195SI-1.6c~- of I0~97
P~le 2 of 10
OCT 2 1997
WH~E.EAS, in CEB C~se No. 96-012, Count' citcct Homco~ers for cc~ x~ola~o~ of
Collier Co~%' ~d D~vclopment C~e ("LDC") (Ord~ No. 91-102,
O~ No. gS-g3, ~d notic~ ~e ~er for h~g before ~e CEB; ~~, ~ Circuit Cou~ C~e No. 95~0~3~A~1
Hom~e~ ~u~ ~t ~e Guar~ouse l~fion ~ ~e ~d~e of~ ~ Tm~ ~ app~ly 252.1
f~ sou~ of ~e pavement line of BoOm B~ch ~ad, is properly pe~ by Coun~ pu~u~ ~o
Buil~g Pe~ No. 88-734, ~d ~erefore, is lankily I~
compli~ce ~4~ Collier Count' P~ Ord~ce No. 15-83; ~d
~AS, in Circuit Cou~'C~e No. 95-0073~A~1 ~d ~ CEB C~e No. 96~12, C~'
~m~s ~at: the Guar&ouse location violates P~ Ord~ce No.
faciliD' to be l~ated ~ Tract A, not Tract ~ al~ou~ potions of ~he gatehous~guar~ouse faciliD'
complex ~y ex~end over ~d ~to ~e road; ~t P~ Ord~ce ~o. iS-g3 pro~iB
T~a R ~t ~vould inte~ere ~ access to ~he public Park 1~
Guar~ouse ~as con~cted in Tract R pu~umt to a buil~g ~ issued ~ e~or md ~t ~ercfore ~e
"Guar~ouse l~tion constitutes ~ ~ped~cnt ~o public access ~o ~e Park l~ds to ~e ~, also a
violation of P~ Ordin~ce No. iS-g3; ~d
~AS, a multiple ~y h~g ~ held by ~e CEB ~ ~s ~r, ~ ~ch ~e Pani~ ~'ere
represented by counsel, pres~ted cddence, e~ ~e ~im~s~ md pr~ ~eir o~I a~m~, and
~er~er, ~e CEB deli~t~ ~ ~e Suns~e, md ~de ~eir o~ ~g~ offa~ md conclusio~ of law,
~ch subs~uently were r~u~ to a ~! ~ order, ~t~ Feb~' 27, 1997; ~d
~~, pursumt to CEB F~ Order, ~t~ Feb~'
p~s~t ~ou~ l~ion d~s not imp~e public access to ~e Park !~ to ~e sou~ ~ ~r, is not
~ Golafi~ of~e LDC, md so, dis~ss~ ~e c~rg~; md
~~S, p~senfly ~nd~g in ~e Appellate Di~si~ of ~e
Ap~I of~e CEB Fiml Order, puget ~ i~ t~ely-fil~ Notice of Ap~l;
~AS, ~e P~es ag~ ~ it is ~ ~e public's ~ htr,
of ~e r~id~ of ~ly B~f~t ~ ~ ~ ~ ~ ~d to
Sctflcment A~rccmc~t
219S$I-!.&x: of 10/97
P~¢ 3 of 10
amicable resoluticn o£ Circuit Court Case No. 95.0073-CA-01 and of Appellate proceedings of CEB Case
No. 96-012 ~xithout the need for further court ot admini~rative proceedings; and
WHEP,.EAS, the Parties agree that PUD Ordinance 85-83, as x~ll as preeedlng PUD Ordinances
affecting Lely Barefoot Beach, recognize and preserve the fight of the resident~ of Lely Barefoot Beach
subdix4sion to securi~' against Road enttS' by unauthorized per~o~ or vehicles, as xx~ll ~ the public's right
to unimpeded beach access along the Road to the Park lands to the south; and
x, VHEP, EAS, the Parties are desirous of entering into this Settlement Agreement which preserves
and p.rotect~ the respective rights and best interests of the Parties and those th~' represent upon the term~
and conditions set forth below.
NOW THEREFORE, IN CONSIDEP, ATION OF THE JOINT AND MUTUAL COVEN.-M\'T$
CONTAINED HEP, EIN, AND IN CONSIDEP,.ATION OF THE btUTUAL BENEFIT5 TO FLOW
%
FP, OM ONE TO THE OTHEP,, THE pAP, TIES HERETO AGREE TO BE BOUND BY TIlE TEP, MS
AND CONDITIONS AS SET FORTH HEREIN.
1. ~. The undersigned, executing {'or and on behalf of the respective Parties, are the
duly authorized representatives of the respective Partie~ to this Settlement Agreement with full authoritS.'
and power to execute and deliver this Settlement Agreement and to bi.nd the Partie~ to the term~ and
condition~ as set forth herein.
2. _Public Access Rio~hts. Homeowners do not and shall not in the future conte~t or object to
the rights of access of Park visitors who do not reside in th~ Subdivision to use the Road for ingress to and
egress from the Park from 8:00 a.m. until sunset, each an~ ex~*:~.' day of the }zar. I.n addition, tl~ Court.'
has the right to conduct sea turtle xxatche~ during nesting season outside the normal Park operating hours
and u~e the Road for ingress to and egress from such xx-~tche~. The Count)' al~o has the fight to
iafrequently conduct similar outdoor nature programs outside the normal Park operating hom~ and u~e the
Road for ingress to and egress from such programs. Notice of such xx~tche~ and programs shall be
provided to the Master Association at
contemporaneous mailing of a letter.
(48) hours in ad,~nce b}' telephot~ and
OCT 2 a Lq 7
3. (;;uardh!.~use Locatlon. Count)' agrees to waive, dismiss and/or release an)' pr~ent or
future cL, L, ns challenging u~e current Guardhouse location, approximately 252.1 fe_--t south of the pa,:mcat
line of Bonita Beach Road, in the middle of the Road in Tract IL Count)' does not, and shall not in the
future, objcec to or contest thc r/ghts of Homeowners to occult', operate, improve, and mninta/n thc
Guam,)use as sec forth in this Agrecrncnt. If required by hw, the Homeowners ~ill obtain the appropriate
County pcnnk/'or improvcrncnts to thc Guardhouse, ~Jch wil! not be un.,casonably ~ithheld by the
County. In consideration of thc foregoing, County may reasonably monitor thc operation of the
Guarcthousc during thc daylight hours x~cn thc Park faci1~dcs to the south are open, in order to assure that
thc Guardhouse operation facili~tcs and assists public beach access and therefore functions as a benefit to
public beach access, rather than impeding public beach access, l~ov,,ithstanding, the Homeowners may
sLmultancously maintain their o~m personnel in the Guardhouse during open Park hours to a.~ist, to direct,
or othcr~isc to guard thc rcsldcnts of Lely Barefoot Beach and their guests, licensees, and/or in,,itces.
4. Guardhouse Operation.. The Parties agree that at all times during open Park hours,
currently 8:00 a.m. to* sunset, thc Guardhouse gates shall at all tLmcs be in thc "up' position in order w
allow unimpeded public access to thc Park l~nds to thc south of Tract R. At no eL, ne during the Park
operating hours shall any Property Oxmcr's personnel and/or Master Association's personnel proh/bit
public access to the Park facilities to thc south, nor bc obligated in any fashion or form to assist and/or
guide thc public to thc Park facilities to the south. Rather, Count).' personnel shall bear full and exclusive
rcspons/bil/v,.' to assist thc public in accessing the Park facilities to the south during Park operating hours.
At no t/me shall County pcrsormcl bc required to assist Lely Barefoot Beach res/dents, their guests, their
galilees/licensees in accessing any pr/yarc property turned a:~I/or maintained by thc residents of Lely
Barefoot Beach.
The Master Association agrees to make pa)~nent of a fee to Collier Count)' Parks and Recreation
Department equal to the amount of the average cost of one-hail (1/2) of a Ranger each }ear. The full
pa.wn~t shall be made by October I of each }'ear, with an initial pa.wnent of fourteen thousand one
hundred and six'ty-five dollars ($14,165.00) paid by November 1, 1997. Each year thereafter by July 31,
the County will provide to the Master Association an invoice that ~ill indicate the~
Settlement A&recr~nt
0CT 2 Ig,97
Page ~ of l0 ~:~
upcoming }~ar and the 50% average cost ora Ranger ~d,.ich ~ill be used to calculat~ such fcc. Thc Count).'
agrees that a Ranger -rill be available at thc Guardhouse to assist thc public ~tten thc Prcscr~ parking lot
is full or near capacky bcm~'n October through April of each }~ar and the hollda.,,~ and ~ckends of
Memorial Day, Independence Day (Iuly 4th) and I~bor Day. The ~ngcr ~ill serv~ to inform the public of
ace, s and availability of the Park facilities and to pro','i~ tra.ffic information to the beach going public.
Beach traffic shall use th~ xxest~n most lane a~xay f-rom th~ Guardhouse. This lane shall be clearly marked
by signage as a lane for beach going traffic.
The Panics agree that it is not an impediment to public access to the Park facilities xxiten drivers
voluntarily stop their vehicles at the Guardhouse to discuss mancrs ~dth personnel stationed at the
Guardhouse. The drivers will not be encouraged to actively seek steps at the Guardhouse that impede the
flow of traffic. In the event Homeo~mers install an e.,dt gate at the Guardhouse, such exit gate shall be in
the "up" position at all times during open Park hours and remain in the "up" position until appr 'oximately
one-half hour after sunset. Homeo~vners, in their sole discretion, ma}' close gates across the Road to
control ingress to and egress from the Subdivision after official Park operating hours, ~tgch arc currently
bet~:en sunset each da)' and $:00 a.m. the follo~dng day. The Count).' shall lock thc gate at the entrance to
the Park after Park operating hours in accordance with its standard operating procedure at all Count).' Park
facilities. During turtle nesting season (May I through October 31 of each }.ear) Count).' shall not. be
required to lock the gate at an)' times that would interfere ~th Count).' sea turtle nesting monitoring and
..i
protection actMfics.
The Count)' will r~qucst Coy letter), for the safety of pedestrians and Park ,,qsitors, fluat the Collier
Count' Sheriff perform patrols along the road.
5. ~. The Parties agree that the parking spaces within the PrcseP.~ xxill be
calculated at a rate of 0.42 spaces per person whhin the Preser,,~, such number of persons for such
calculation not to exceed the carr)qng capacity of the Preserve. The total number of persons that can be
accommodated ~dthin the Preserve, for purposes of such calculation, w~ll be based upon the ma.,dmum
canting capacity of the total number of facilities ~dthln the Prcserv~ as determined by tlg State of Florida.
For purposes of this calculation, carrying capacity is defined pursuant to thc Land
Scc, lcmcnt Agreement
219851-!.doc of 10/97
Pge 6 of 10
Barefoot Beach Preserve County Park ("Land Management Plan") pre~ously adopted by the Count5.' on
Iuly 20, 1993 (section V(A), Resource Assessment, Carr)~g Capaci~;j. As set forth therein, carr~.ing
capacity is based upon the square footage needs of the beach user, and such needs ~re determined to be
1350 square fee~ for Iow density use ~t~ich included 60 squ~.re feet of wa~', 90 square feet of beach ~nd
1200 square feet of back up and buffer areas. The ~ can~ing capaciw for ',he Slate and Count'y owned
portions of lke preserve is £ve hundred and eights'~ ($V0 people at any polar in gme. Accordingly,
this calculation )ields two hundred and fifty-six (256) p~clng spa. es.
The CountS' will not expand the pa 'firing spaces be)~nd the current parking spaces xxtfich number
r~u-ee hundred and fiShy-six (356), which includes an addkional one hundred (I00) spaces, unless and until
tl~e Board of Trustees of the Internal Improvement Trait Fund of the State of Florida and Collier Count}.',
through required publicly adveaised and open public meetings and other requirements, amen~l the formula
used in the Land Management Plan for determining caroing capaciV,.' of the Preserve. In the event that the
formula used in the Land Management Plan is recalculated and thereby increases the number of pa 'rking
spaces, the Part/es agree that the e.,dsting additional 100 spaces in excess under the current formula xxill not
be carried for~x~ard but will be counted toxx~rds the new number of spaces. The Homeoxx~ers agree to
dismiss their pending cause of action to reduce the current number of pa 'rking spaces.
6. Use/Access Aereement.. Homeoxx~ers hereby uncondi~ionally and completely release
Count5.' from ',hose certain provisions in that cexain Use/Access ^greemen~ dated November I0, 19S7,
entered into benveen Count)' and Lely Development Corporation, predecessor in title to the real prope~'
interest in Homeoxx~ers, with respect to paragraph ~ which provides:
Board agrees that standard operating procedure of' recreational acii,,it/es
occurring on Property xxill include limking ',he number of vehicles accessing the ·
Proper~y to the number of aa'aal parking space~ located on the ProperW. If
parking 10ccomes full at any time, access to Property ~ill temporarily be clo~ed
at the intersection of Bonita Beach Road at the entrance W Lely Barefoot Beach
subdivision until such time as parking spaces become av-a'lable. Seller, or its
assigns, shall have the right w stop access ~o Propen'y ~tzen paring lot is full.
7. ~. Within 180 days of the effective date ofthis Agreement, the Count~' shall install
informational signs, compatible with the character of the Subdivision, bet~x~-n Bonito Beach Road and the
AG~ITEM
S~I~m~n! A~eern~t
21~lSl-l.doc of 10~?
P~ ? of I0
OCT 2 1997
Guardhouse xx. hich shall be visible to the public, and ~txlch shall pro,,4d¢ information regarding access to
the Lely Barefoot Beach Park facilities. Thc costs of'said signage shall be borne by thc Count).'. The intent
of such izfformational signagc is to addse thc public of'he Pr~scr~ locations, the parking fees, arid parking
space availability.. There shall also be informational signs re, ding the separate parking lot for Lely
Barefoot Beach at thc northern end of the Road, as distinguished from the parking for the Presets: at thc
southern tenninus of the Road. Count)' agrees that in designing such informational signagc Coup.' shall
confer ~th and obtain the consent of the Homco~ers to ensure that such s|gnage is of sinu'lar character as
is presently installed near the entrance to Lely Barefoot Beach subdi',4sion, ~dgch consent shall not be
unreasonably withheld. It shall not bc required that an)' of the signs be lighted. The precize language,
location and design of the signs shall be determined by the Panics to this Agreement ~ithin 60 da.x~
foIlo~ing the date of execution of' this Agreement by the Pardcs. Whenc~'~r the Preserve pa 'tieing lot is full
or near capaciv,.' as determined by Counv,.' Park Staff, the Count)' shall utilize the sign to advLse the public
of thc status of parking spaces at thc P reserve. On those occasions belxvccn October through April of each
}~ar and the holidays and weekends of' Memorial Da)', Independence Day (Iuly 4th) and Labor Da}' ~hen
the parking lot is full or near capacity, thc CounV,.' shall station an cmpl~'ec or agent in thc Guardhouse as
the sole contact with persons utilizing the Road lo access the Presets:. The lack or' available parking at the
Preserve shall have no effect on the public's right to access the Park ,,ia the Road during Park operating
hours.
8. ~!udiclal Approval of Settlement ~,ereement.. The Panics agree that, upon full execution
of this Settlement Agreement, thc Panics shall file a ,joint motion in Circuit Court Case No. 95-0073-CA-
01 (the "Action"), ~hereby the Panics shall jointly request dm Court to enter a f-real order incorporating
and approving this Settlement Agreement and dismissing the Action ~xith prejudice as a full and complete
resolution of all issues between thc Parties, and to request the Court to retain jurisdiction for enfor~t
purposes ordy.
9. _Di.smissal$ With Prejudice, The Count)' agrees to dismiss ~i~h prejudice its appeal
against thc Homco~crs in CEB Case No. 96-012, Appclhte Case 1~o. 97-105:S-CA (thc 'Appeal"), ~ithin
five (:5) da)~ of thc entry of a final order incorporating and approving this
Settlement Agreement
219~$1-1.do~ of 10W/
No. 95-0073-CA-01. The Parties agree not to seek costs, expenses and attorr~"s fees against each other
of any nature ~xt~atsoever related to the Action or Appeal.
10. Efl'ective Date. This Agreement v,-ill becor~ effective on the date on ~ttich the Court
enters a Final Order incorporating and approving it.
11. lD~fault/Brcach. In thc event tlut any Party to this Scttlernent Agreement commits an act
of default/breach of this Settlement Agreement, and such ~'t o~' default/breach is ~-aived b)' thc non-
defaulting/non-breaching Pan'y, such ~iver sl~ll not opcra~ nor bc constm~ ~s a waiver of hter,
similar or disslrm'lar defaults/breaches. Upon default/breach of this Settlement Agreement by an.-,' Pa~', a
non-defaulting/non-breaching Paw,.' shall have the option to cxcrcis~ ail available remedies at law and'or in
equi~' (including, but not limited to, claims for injunctive relief and/or damages), in the Circuit Court to
enforce the terms of this Agreement entered as a Final Order. Said remedies at law-.and/or i~ equit?,.' shall
be sought before the Circuit Court that retained jurisdiction over the Settlement Agreement for crtforcement
purposes only.
12. Attorney's Fees and Cost!. The Parties agree that in the event any P~x)' to this
Settlement Agreement applies to the Circuit Court, pursuant to a motion or action for enforcement of this
Settlement Agreement resulting from a default/breach of this Senlement Agreement by the other Part~.', the
pre~-ailing Pan.' in such proceeding shall be a~arded its reasonable and necessary attom%~s fees and costs,
including appellate attom%"s fees and costs, incurred in such proceeding(s). In the e~t Countl,.' is the
prevailing Part3.', County's a~'ard of reasonable and necessary attom~"s fees and costs shall I~? computed
pursuant to the fair market value of the at~orn%'(s) time and services involved (as governed by applicable
rules of Th¢ Florida Bar and case law) and not on the basis of the annual salar)' of the attomc3'(s) paid by
the governmental entity..
13. Entire Aereemen_t. This Settlement Agreement, consisting of ten (10) consecutively
numbered pages, constitutes the entire agreement between thc Parties. An)' amendment, modifications,
and/or extension of this Settlement Agreement, to be effective and enforceable, shall be in writing and
officially and duly executed by the authorized legal representatives of the respective Panics.
Settk'ment Agreement
11~5 l-l.goc of 10~7
Pa~c 9 of I0
AGENJ~,.I'~r'EM
No.
OC ' 2 8 1997
AT'I'EST:
DWIGHT E. BROCK, CLERK
Apprav~ ~s to form and legal sufficiency
COUNTY:
Chief Assistant County Attorney
Witness Signature
Printed Name
Wimess Sigr~ture
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By;.
Timcgl~' L. Hancock, ~ Chaim~
LELY BAREFOOT BEACH PROPERTY
OWNER'S ASSOCIATION, INC.
B~
Bant DeNicola, ns President
LELY BAREFOOT BEACH bL-~STER
ASSOCIATION, INC.
B?.
James R)~, as President
Printed N~'~e
Appro~xt M ~o form and Ic~al sufficiency
for the HOMEOWNERS:
CUMMINGS & LOCKWOOD
Attome3~ for Lel)' Barefoot Beach Property.
Ox~n~-rs Association, Inc. and Lely Barefoot
Beach Master Association, Inc.
B)-.
Jason H. Kom, Esq.
OCT 2 1997
~ ~997 17:18 9§4-712-4G5~ ATTC1Rt, L~GENERt~FL r~a~,, u~
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LEGAL AFFAIRS
THE CAPITOL
T~LLAI4~SS£;. rLon,nA $2-1,,-' o"
October 13, 1997
Ramiro Manalick, Esq.
Chief Assistant Collier County Attorney
3301 Tamiami Trs'.d East
Naples, FL 34112
~A FACSIMILE
PROPOSED SETTLEMENT OF LELY BAREFOOT BEACH GUARDHOUSE
LITIGATION
Dear M~. Magalicl~:
It is my understanding that tomorrow, the Board of Cotmty Commi~ioners ~ill consider ,,
pmposcd .~-ttlement that you axe prepared to recommeml on the Baxefoot Beaw. h Preserve
guardhouse litigation. As you know I ~v¢ tmsucce~fully requested on several oee.~ons to
participate in settlement discussions on behalf of the statc, a l~rty to this litig~om You may
wish to iht'otto thc Commission that thc proposed settlement is d~ficient in several subst~vc
areas and that thc state will not present this mattcr to thc Cou~t without revision.
'Sincercly,
MITCHELL J. BURNSTF-IN
ASSISTANT ATTORNEY GENEKAL
M.TB:¢jr
L
1997
COLLIER COUNTY
3301 Tc~niarni Trai East
Naples. Fk:x~ 34112-4902
le~:~:~e: (9411774-8400
FAX: (9411774-0225
October 15, 199'/
Mitchell ]. Burnstein, Esquire
O~ce of the Attorney General
Eminent Domain Division
110 Tower
1 I0 S.E. 6~ Street
Ft. Lauderdale, Florida .33301
Re: p_ropo~;ed SeTTlement of.L,¢ly BarefQot Beach Guardhouse Liti_~ation
Dear Mitchell:
This is to inform you that on October 14th, 1997 the Board of County Commissioners
voted to continue the above styled agenda item for two weeks until the meeting or'October 28.
1997. This decision was in response to your letter of'October 13, 199'/stating your objection to
the proposed settlement agreement. The Board of County Commissioners has directed me to
request a meeting with you, the Barefoot Beach sub-division property owners representatives and
their legal counsel and with the County representative(s) to hear your specific objections to the
proposed agreement and to attempt to work out a resolution of the matter among the parties.
Jason H. Korn of the Law Firm of Cummings and Lockwood, counsel for the property
owners, has also requested that I convey to you in this letter the property owners in,~Station for
you to visit the subject site and meet personally with all parties to discuss the proposed settlement
agreement.
Given that there is a window of two weeks before this matter comes back before the
Board, I respectfully request a response from you in regard to a meeting at your earliest
convenience.
OCT 2 15 L997
III
Th, ank you for your attention to this letter.
Sincerely,
Rarniro Mar~lich
Chief Assistant County Attorney
Enclosure
cc: Timothy L. Hancock, Chairman Board of County Commissioners
David C. Weigel, County Attorney
Jason H. Korn, Esq.
Diana Sawaya-Crane, Cabinet Aide
OCT 2 8 IBB7
0CT-1'7-'9"7 FRI 15:2~ ID: TEL NO:
/
OFFICE OF THE ATTORNEY GENERAL
DEPARTMENT OF LEGAL AFFJURB
114E GAPITOL Oglm~gmAttm'a~ .
-~
TALI. XHA~SEE, FLOR~3A ~*u.- 110 Tm
StOmT A. m~-tl:~woirr~
Octobc~ 17, 1997
VL&., FACSIM/LE
~ Manalich, Esquir~
Oi~w,e of the Couuty At'tomo' ·
3301 East Tam. rtl Trail
Napl~, Flor~ 33962
RE: I,lr, LY BA.~F, FOOT BEACH PROPERTY OWNF. I~q ASSOCIATION. INC.
vs. COl,! XER COUNTY_. ET AL.
De. ar RamCo:
I have rtwicw~l your Icttcr dateA Octobcr 15th. As wc discussed by tclcphone, my schedule h
tight ~ul I am unable to meet with you until the middlc or end ofncxt week. I will call you early
nc~ wcck to ~chcdulc a f~n date and time.
~STEiN
ASSISTANT ATTORNEY GENEKAL
VIA FACSIMILE
OCT 2 ~ 199'/
I Il IIIII II IIII IIIIIII II
!~aIF,~I~: To appoint 2 members to serve 4 yea-terms, expiring on October 1, 2001, on the
Lely Golf Estates Beautification Advisory Committee.
CONSIDERATIONS: This 5 member committee assists and advises the Board of County
Commissioners in handling mat~ers pertaining to the beautification taxing district. The district
was created by referendum vote on November 4, 1986, for the purpose of beautifying and
maintaining the median strips of the streets and other public area within Lely Golf Estates.
Applicants must reside within the boundaries ofthe municipal servic~ taxing unit. Terms m'~ 4
years. A list of the current membership is included in the backup.
The ~'ms for Elmer M, Hardow, Robert C. Cole, md Oeorge C, Pm'son expired o~ October !,
1997. A press release was issued and resumes were received from the following 3 interested
citizens:
APPLICANT
Robert C. Cole (re-appt)
George C. Pearson (re-appt)
I yes
1 yes
Ronald W. Saul (new appt.)
I yes
NOTE: Since Mr. Saul's residence is outside of the Lely M.S.T.U. boundary, he canno! be
considered for appointment. This position will have to be re-advertis,.-d.
COMMI~EE RECOMMENDATION:
Robert C. Cole
George C. Pearson
NOTE: Section Seven (b.) (I) of Ordinance 86-41 states'~rerms ofoffice for Board members
shall be limited to two consecutive terms of service on any one Board..." Under (2) ofthe same
section, it is noted that "By a unanimous vote of the Commission, the limitations set forth in
subsection (b) (1) above may be waived". According to available records, George C. Pearson
has served 2 ½ terms. Should the Board wish to re-appoint Mr. Pearson, the limitations on two
consecutive terms will need to be waived.
FISCAL IMPACT: NONE
GROWTH MANAGEMENT IMPACT: NONE
appointments.
Prepared By:
RECOMMENDATION: That the Board ofCotmty Co~;-~,:ioners consider the
recommendation for appointment and appoint 2 members to serve 4 year terms exp~ on
October 1, 2001, and direct the County Attorney m prepz~ a resolution coni~n"n;n~o ~
Agenda Date:
Sue Filson, Administrative Assistant
Board of County Commissioners
October 28, 199/
OCT 28 1997
SUBJECT:
DATE: August 20, 1996
TO:
FROM:
Sue Filson, Administrative Assistant
Board of County Commissioners
Stephen F. Fabiano, Engineer II{~.~~
Transportation Department
Lely Golf Estates Advisory Committee
At their regularly scheduled meeting of August 8, 1997, the Lely Golf Estates Beautification Advisory
Committee voted unanimously to recommend that Mr. Robert C. Cole be re-appointed to his present
committee member position and that Mr. George C. Pearson be considered for an additional committee
member term, requesting the Board of County Commissioners waive the two-term limitation.
The current committee member position held by Mr. Elmer M. Hardow will not be renewed for
another term.
Additionally, the resume' supplied by Mr. Ronald W. Saul of 113 Palmetto Dunes Circle Naples,
Florida 34113, can not be considered for appointment due to his residence falling outside the Lely
M.S.T.U. boundary. Please re-advertise for this currently vacant committee member positiom
Should you have any questions or require any additional information, please contact me at 774-8494
ext. 7112.
CC:
David F. Bobanick, Interim Director
Transportation Department
File
AGENDA l TF..J4
.o.
OCT 28 1997
Pg...~=~.~
Lely Golf Estates Beautification Advisory Committee
$5 St. Andrews Blvd., #205
Naples, FI., 34113
District:
Catego~:
Ro~ C. Cole
301 Fo~ ~l~ Boul~d
D~' t
Catego~:
~e C.
1~8 PMeh~ C~cle
Napl~, ~ 34113
Dht~: 1
Catego~:
I ~ Big Spfin~ ~ve
Napl~, FL 34113
Cation:
~8 Pebble ~h C~le
D~: 1
Ca~go~:
F/ork Phone Apl~t'd E. rix Date Term
Home Phone DateRe-appt 2ndF~Date 2nd Term
01104194 10101/97 4 Years
775.-,:663
12/17/91 10101/93 2 Years
10112/93 10/01/97 4 Y ~_,'s
10101/87 10/01/89 2 Years
775-3as5 1011/93 10/01/97 4 Years
02/11/92 10/01/94 2 Years
793-1147 9/27/94 I0/01/9S 4 Years
09/27/94 10/01/98 4 Years
Membem must reside within t~e ~rie$ oflbe rmniOpal setv~mair~ un~- :~
Frid~.J~ 28,1996
AGEI~i~,,~T,~"
No. ' ,/r/£/
OCT 28 E97
MEMORANDUM
ii',
DATE: August 25, 1997
TO:
FROM:
Vinell. Hills' Elecfi~ns Oftice
Sue Fflson, Administrative Assisiant~
Board of County Commissioners
Voter Regisu'ation - Advisory Board Appointments
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Please let me know if those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
LELY GOLF EST. BEAUT. ADV. COMM.
COMMISSION DISTRICT
Ronald W. Saul
113 Palmetto Dunes Circle
Naples, FL 34113
/Robert C. Cole
301 Forest Hills Boulevard
Naples, FL 34113
Thank you for your help.
AGENI:JA~
No. ,,/~"/ _ -
OCT 28 1997
94t7753355 GEC)RGEC~ PAGE 92
0e/t4/~997 13:46
Name:.: G eo~e C Pear, on
Add,'e~e:. 158 Pir~fluret Circle
lVaplee. FL. 34113
Un[v, Penn~ylv~[e Dental $clxx~ .~ D. D, $.
Pn:f~eio~el
Comment,-,,.I wou~l like Io remain o~ Ibis commiffee ~ one
n10~ tem~ ......
AGE NI:)A,,,ql T,~4
OCT 2 8 1997
Pg.~
DATE:
TO:
FROM:
~EMORANDUM
August 25, 1997
Steve Fabiano, Engineer I __~ ,
Suc Filson, Administrative Assi
Board of County Commissioners
Lely Golf Estates Beautification Advisory Committee
As you know, we currently have 3 vacancies on the above-referenced advisory committee. A press
release was issued requesting citizens interested in serving on this committee to submit a resume for
consideration. I have attached the resumes received for your review as follows:
Ronald W. Saul
113 Palmetto Dunes Circle
Naples, FL 34113
Robert C. Cole
301 Forest Hills Boulevard
Naples, FL 34113
Please let me know, in writing, the recommendation of the advisory co _m~_Jttee for appointment and
I will prepare an executive summary for the Board's consideration. Plea~e 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
A?END,A...~XT, E~
No
OCT 2 8 199'/
- August15olgg7 11:39AM
From: Ronald Saul, Ph.D. Fax #: g41.~74.398~
RonaM W. Saul, Ph.D.
113 Palmetto Dunes Ci~Je
Ntplcs, FL 34113
941/734-3988
Page 2 of 5
August 15, 1997
Su~ Fflson, A4ministmive A~istm~
Board of Coumy Commhsiouers
~BO! Tamiami Tra/l East
Naples, Florida 34112
I~ M~. Fiison:
[ ara a resident of thc State of Florida living in the Lely m I purchased my home
this yea' and saw your advertisemeut ia the Naples Daily Ne,,~ regarding the vacancy
on the Lely Golf'Estates Beautification Adv/sory Committee. ! am ver~ mm:h
interested in serving ou this comm!tte~.
AS you will aot¢ from my resume, I hav~ vast ~q:gri~ in committee work and
enjoy making a corrtn'bution to my community. I am a licensed clinical psychologist
in the State of Ulinois and am currently pta'sting a Florida licease. ! would ~ppmciatu
Ix;lng co~idcrcd for this important position. Please notify mc ~s so<m ~ posdblc Lt'
you will need fur~he~ ma~als from me.
Thank you so much Em'yom eoas/~t~ofl fo thfs matter. Please note ~hat my resume
accompanics d~is covcr lc~cr.
Ronald W. Saul, Ph.D.
AGE NO~,~T.~JW
OCT 28 1997
Pg.
ugust 15, 1991' 11:39 A;~!
From: Ronald Saul, Ph.D. Fax ~ 941.774-3988
VITA
RONALD WARREN SAUL, Ph.D.
Illinois Licensed Clinical P~ychologi~t
113 Palmetto Dunes Circle
Naples, Florida 34113
941-774-.398~
PERSONAL BACKGROUND
Date of Birth: August 2, 1956
Birthplace: Pittsburgh, Pennsylvania
Social Security Number:.
Page 3 of 5
Augus~ 1997
PROFESSIONAL EXPERIENCE 1992-Pm~ent
Assodate of clinical psychology practice and Private Practice. Duties include
psychological and neuropsychological assessment and provision of i:~PY to
adults, ;~dolescents and children in both inpatient and oulpatie~ settings. Individual,
ccuples and family therapy provided. Organizational consultations and interventions also
provided.
EDUCATION
1992.1995
Treasurer, 8oard Member, Chicago Center for the Study of Groups and Organizations
(CCSGO) Duties include financial management of the enterprise and consultfng to
organizations and indiviouals.
1992
Northwe~em Unlvers;ty; Evanston, Illinois.
De~r-ee of Doctor of Philosophy in Counsel'~ Psycholo~.
and faml7ial correlates of adolescent substance abuse.
Dissertation topi= Personal
t988
Northwestern U~dversity; Evanston, Illinois, Deoree of Master of Arts in Counselirv~
Psychology.
1979
University of Denver;, Denver, Colorado. ~ of Bachelor of Science in Business
Administration, Hotel/Restau~nt Management.
OCT 2 8 1997
· .' Augu~t15, 1997 11:39AM From: Ronald Saul, Ph.D. F=x~941-774.3988 Page4of5
EDUCATION (CON'nNUED)
PaGe II
1975
The Greater Pittsburgh Guild for the Blind; Pittsburgh, Pennsylvania, Indeoendem Study~
PROFESSIONAL TRAINING
1991-1992
Curative Rehabir~tion Ce~er, M'dwaukee County Regional Medical
Fain patients.
1990
NortYrwestem Memorial Hospital; Chicago, Illinois.
Testtnq Ext.emshio. psychological and neuropsychological testing.
experience with older adults.
1988-1989
Martha Washington Hospital; Chicago, Ilrinois.
~ inpatient and outpatient group and individual psychodynamic therapies,
substance abuse counseling.
1987
Kenneth Young Center (CMHC); Elk Grove Village,
Pracficum. individual, group and fam~ psychotherapy.
TEACHING
EXPERIENCE
NORTHWESTERN
UNIVERSITY
· Pra~ticum Director HDSP Program; Supervised Practicum in
Human Development and Social Policy
· Practicum Analysis Seminar
4, Teaching Assistantships: Introduction to Counseling, Obse~ing Human Behavior
· Introduction to Counseflng
· Group Dynamics
AG. END/~ ,,Z~TIF~
HO ._./_g../_..~--
OCT 2 8 1997
.. Augu~l$,1997 11:39AM From:RonaldSauI, Ph.D. Fax ~ 941-774..3988
Page $ of' $
Page III
SEARCH f9;~6-1991
Youth Study;, Psrkside Lodge, Mundelein, Illinois, psychological testing and study of
adolescent substance abuse issues.
198749
Committee on Gender and ~ RetalJonsNp~ N~ Unive~ty, Evanston.
Illino~ S~.died group relations conference rnember~r interactions.
ADDITIONAL EXPEmENCE 1987-96
Tavistock Group Relations Conference; Nocltre~em University, Evanston, Ilfinois.
Consultant and AdrninMmtor for Psychoanalytic Conference.
t9M..19~0
Undergraduate Academic Advisor;, Human Development and Sodal Policy Program,
School of Education and Social Poi'~-'y, ~ University, Evanston, IBnois.
)FESSIONAL AFFILIATIONS
AWARI~
eAmerican Psychological Association (APA)
eChicago Association for Psycfloanatyt~ Psychology (CAPP)
eChicago Center for the Study of Groum and
afl A.K. Rice Institute affiliate (CCSGOfAKRI),
former Tn~asumr and Board Member
1989
Who's Who Among Students in ~ UntverdlJes and Colleges
References Ava]able Upon Request
.....Ho.AG~
OCT 28 t997
P;.
Augu~ $, 1997
Board of Collier County Commissioners
Collier County Courthouse Complex
Naplea,. Florida 34112
Dear Commi~ioner~:
I wish to rabmit my name to continue to ser~ the Cortmfittee for the Lely Golf
Estatea Beautification MSTU. I feel that I can continue to make a conm'bution to
~ Advisory. Committee in ful~ing im responsibilities.
The following is my pre~ious experience:
1. I worked 41 year~ for Illinois Bell Telephone Company in the field of
engineering and co, ts of service development. I retired in 1982 aa a
Disu-iet ,Manager.
2. I moved to Naples, Florida in October 1982 and have been a grotnrty.
owner in Lely Golf Eatatea ~a'xce 1983.
3. I have served on thc Lely Civic ~on's Board of Directors fi'om
1984 to 1997. I was president of that board for three )'ears.
IIN, e at 301 Fore'at I~II~ Boulevard in Le.ly C, offEstat~. I would appreciate the
oppornmity to serve another term on tl~ Ad~ Comn'~ee.
301 Fore~ ~ Blvd.
Naplea, FL 34113
OCT 2 8 1997
· . . .. o , ~,.,. ~. .... '!';.' ~.,'.... . ,,' · , .:,.. ~ . o ·
DIRECTION FROM BOARD OF COUNTY COMMISSIONER~ REGARDINO VACANCY
ON THE COLLIER COUNTY PUBLIC HEAI:,. TH UNIT.ADVISORY..BOARD ......
~,,_~ll~: To receive direction from the Board of County Commissioners on action Io take
to fill the current vacancy on the Collier County Public Health Unit Advisory Board.
CONSIDERATIONS: The term for David E. Brandt expired on March 16, 1997. The vacancy
is represented by a member from Commission District 1. This 7 member board was created to
provide repons and recommendations to the Board of County Commissioners regarding policies,
operations, finances and services that are being provided or may need to be provided by the
Collier County Public Health Unit. A list of the current membership is included in the backup.
A press release was issued and resumes were received from the following int~ citizen:
APPLICANT
ELECTOR
Dr..leannette Marlow
1 yes
A facsimile was sent to Dr. Marlow on September 3, 1997, to verify her interest in being
appointed to this committee due to the length of time. Additionally between September 4 and
October 14, 1997, nineteen unsuccessful phone calls were placed to Dr. Marlow in an attempt to
confirm her interest.
FISCAL IMPACT: NONE
GROWTH ,MANAGEMENT IMPACT: NONE
RF.,COMMENDATION: That the Board of County Commissioners give direction to staffon
what action to take concerning the vacancy on the Collier County Public Health Unit Advisory
Board.
Prepared By: Sue Filson, Administrative Assistant
Board of County Commissioners
Agenda Date: October 28, 1997
OC, I 2 8
DATE:
TO:
FROM:
SUB J:
MEMORANDUM
August 21, 1997
Sue Filson, Administrative As~i~tant BCC
Thomas'W. Olliff, Public Services Admini~xator
Health Department Advisory Board
Although there was not a quorum at the last meeting of the Health Depanxtm~ Adviso~
Board, the members there did discuss the one application received for the
District One vacancy. They have requested that th~ lXnition be m-adv~tli.~ aa the
committee would like to encourage the submi~ion of applications from minorities.
I apologize for the length of time that this has taken, but the committee ha~ had a very
difficult time generating a quorum and felt that any official m:ommmd~ioa needed to
come from a full committee meeting. The committee has also ~ and ~11 Is]rely
be going to quarterly meetings rather than continuing on a monthly ~hedule. ~ the
BCC decide as requested to re-advertise, the vacancy candidat~ would hq~ely want to
know the meeting schedule of this committee.
Should you have any questions regarding this, please do not hesitate to call.
TWO/.ib
cc: Dr. Ch~rlm Konissb~r~, CCPHU Director
AGENDA I TF,,M
no.
OCT 2 8
Pg.
FACSIMILE COVER PAGE
To: G:R
From:
Pages:
~S
September 3, 1997
Dr. Jeannette Marlow
320 Seavlew Court, ~302
Marco Island, FL 34145
Dear Dr. Marlow:
O~ April 4, 1997, you submitted your resume for ¢o~sidemtton to be appointed to the Public Health Advisory
Committee representing Commission District 1, Marco Island.
I apologize for the length of time for the processing of your resume; however, I have just today received a
memorandum from Tom Olliff, the staff coordinator, concerning this committee. Since there has been a lapse in
time, I wanted to verify that you are still interested in being a member of the committee.
After confirmation from you, I will prepare an executive summary for the Board's consideration.
Thank you for your patience.
Sue Filson, Administrative Assistant
Board of County Commissioners
NO e.
OCT 2 8 1997
Collier County Public Health Unit Advisory Board
$~zme
Work Phone At~pt'd Exit. Date Term
Home Phone DateRe-appt 2ndExpDate 2nd Term
03/16/93 03116/96 3 Years
6574999 3/23/96 03/16/99 3 Years
James L. Penczykowski
1108 Monroe Street
lmmokalee, FL 34142
Dbtdct: 5
Category: Commission District
David E. Brandt
931 Moon Court
Marco Island, FL 34145
District: 1
Category: Commission District
Denise Heinemann
745 Sixteenth Avenue, S.
Naples, FL 34102
District: 4
Category: At-Large
Patricia A. Meyers
4460 7th Avenue, S.W.
Naples, FL 34119
District: 3
Category: Commission Diswict
Charles IL Rhoades
420 Harbour Drive
Naples, FL 34103
District: 4
Category: Commission District
Mary Lee Montgomery
4301 Gulf Shore Blvd., N., #1
Naples, FL 34103
Dbtrict: 4
Category: At-Large
Ann 1L Campbell
103 Clubhouse Lane, #285
Naples, FL 34105
District: 2
Category: Commission District
642-0712
02/15/94 03/16/97 3 years
432-5560 03/16/93 03/16/96 3 Years
262-2568 3/23/96 03/16/99 3 Years
353-0580
263-1670
03/I6/96 03/16/99 3 Years
03/16/93 03116195 2 Years
4/4/95 03116/9g 3 Years
2614383 03/15/94 03/16/97 3 Years
261-1884 3/18/97 03/16/00 3 Years
263-1755
03/16/93 03/16/95 2 Years
4/4/95 03/16/9g 3 Years
OCT 2 8 ;397
Collier County Public Health Unit Advisory Board
Work Phone ,4ppt°d Exp. Date Term
~¥ame Home Phone DateRe-appt 2ndExpDate 2nd Term
This 7 member board (1 member from each of ~he 5 County Commission Districts, and 2 at-large
members) was created on 02/12/93 by Ord. No. 93-2 to provide repcxl~ and recommendaaons to
the Board of County Commissioners regarding policies, operations, finances and services that
are being provided or may need to be provided by the Coaer county Public Health Unit to the
dtizens of Collier county. Terms are 3 years.
AGEN£
OCT 2 8 '1997
MEMORANDUM
RECEIVED
DATE:
TO:
FROM:
April 7, 1997
Vinell Hills, Elections Office
Sue Filson, Adminisa'ative A~si
Board of Cotmty Commissioner~
AP.q 8
9:7'APR -1 ' a ... 52
~.:~ .:.,. :..~.-~..~::.:
RE: Voter Registr~on - Advisory Board Appointmel~
The Board of County Commissioners will soon consider the following individuals for
appointment to one of the county's advisory committees. Plea.se let me know fi.those listed
below are registered voters in Collier County.
Also, please list the commission district in which each applicant resides.
PUBLIC HEALTH UNIT ADV COMM
COMMISSION DISTRICT
Dr. Jeannette Marlow
320 Seaview Court, #302
Marco Island, FL 34145
Thank you for your help.
AGENDA...,X~,QIq
NO.~
OCT 2 8 1997
Pg. /~
MEMORANDU~
DATE:
TO:
FROM:
April 7, 1997
Thomas W. Olliff, Administrator
Public Services Division /,) ~)
Sue Filson, Administrative Assistan~
Board of County Commissioners
Public Health Unit Advisory Committee
As you know, we currently have 1 vacancy, representing Commission District I, on the
above-referenced advisory committee. A press release was issued requesting citizens interested in
serving on this committee to submit a resume for coasideration. I have at:ached the resume
received for your review as follows:
Dr. Jeannette Marlow
320 Seaview Court, #302
Marco Island, FL 34145
Please let me know, in writing, the recommendation of the advisory committee for appointment 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
Attachment
OCT 2 8 1397
APR 84 '97 13:5-~ OFFIC~ CITY /Y~CO 941 394 5'584 P. 1
OCT 2 8 ~397
APR 84 '97 13:58 OFFICE CITY /r~PR~O 941 39~ ~ P.2
,~DDR~SS:
PROFESSIONAL
M2tM~ERSHIPS:
1976 to 1991
1974 to 1076
1970to1974
1959 to 19~7
1964 to Presto
19~3 tO 19q3
1976 to 1~91
19}3 to 1967
1~3 to
19~1 to 1~$2
1950
19~0
1949 :o 19~0
194~ tO 1949
320 Seavk'w Ct. #302
Marco Is/and. FIodda 34145
Trim,hone:. 941-~42-4753
: 941-~42-9134
B.A. l:kuLson U~ivct-diT, Cn-aaville, Ohio 1943.
M.D. The M~cal Cotlc,~: ot'~,wjlvani~ ~phl~ PA. 1~47
N~w Yo~k # 049627 and Cn_,,,v~_ )~ # 17113.
AGEND~/.~I T/~
0C! 2 B l.q.q7
13:58 OI~FICE CITY xM;~CO 9~1 39~ 558~
P.3
1947 ~ 1948
1947
19~0
19~7
D~¥
Women. Who's Who in the Ease
DATA :
BomlnNewYorkCh'y,N.y, ia 1922; foarchildmn.
v~
Clinic, Collier Coua~ Public
c~
AGENDA/~T~T~
No. /~/'i,'~
OCT 2 8 1997
EXECUTIVE SUMMARY
ADOPTION OF THE 1996-1997 EAR-BASED GROWTH MANAGEMENT PLAN
AMENDMENTS IN ACCORDANCE WITH THE ADOPTED EVALUATION AND APPRAISAL
REPORT IN ACCORDANCE WITH BCC DIRECTION AND IN RESPONSE TO THE
OBJECTIONS, RECOMMENDATIONS AND COMMENTS REPORT (ORC REPORT)
RECEIVED FROM THE DEPARTMENT OF COMMUNITY AFFAIRS.
j~ To have the Board of County Commissioners (BCC) review the Collier County
Planni~ Commission (CCPC) proposed Growth M~n~gement Plan Amendments prepared by
staff, recetve public Input and then adoiX the ~ amendments with or without changes,
and forward, along with the accompanying Ordinances to the Department of Community Affairs
to determine compliance with Chapter 163, Florida Statutes and Rule 9,1-5, F.A.C.
CONSIDERATIONS; The Board adopted the Evaluation and Appraisal Report on Axil 9, 1996
in accordance with Section 163.3191, Florida Statutes and Rule 9J-5.0053, F.A.C. On April 9,
1997, the Collier County Planning Commission recommended transmittal of the proposed
amendments Io the Board of County Commissioners and Department of Community Affairs. On
April 22, 1997, the Board of County Commissioners forwarded the proposed amendments to the
Department of Community Affairs for review and comments. These Growth Management Plan
Amendments are being recommended in accordance with the adopted EAR and/or wtlh Board
direction and based on comments from the Objections, Recommendations and Comments
Report (ORC Report) received from Department of Community Affairs on July 6, 1997.
Each of the proposed Elements wil; be considered separately and adopted by individual
ordinance.
FISCAL IMPACT: Adoption of these amendments by the Board of County Commissioners has
no immediate fiscal impact.
GROWTH MANAGEMENT IMPACT; Adoption of these Growth Management Plan amendments
are consistent with by Chapter 163, Florida Statules and Rule 9,1-11, F.A.C.
CCPC RECOMMENDATION; The Collier County Planning Commission ,'1eld their public
hearing on September 18, 1997. The CCPC recommended forwarding to the Board of County
Commissioners for adoption the Growth Management Plan with the following changes or
deletions:
RECREATION/OPEN SPACE ELEMENT: No ORC Comments; Recommended for
adoption as transmitted previously.
CAP.;TAL IMPROVEMENTS ELEMENT: No ORC Comments; Recomme~ for
adoption as transmitted previously.
INTERGOVERNMENTAL COORDINATION ELEMENT: Recommended For Adoption
Subjecf To Amencfing the Staff Report Paragraph II.g and IV.i. subparagraphs .2)
2)The site must comply with the State Requirements for Educational Facilities
adopted by the State Boar~l of Education. 3) The site shall be subject to
applicable State or Federal Regulations.
I~II~GEN DA ~ t
O. _I 2 A..~
October 28, 199
1
PUBUC FACILITIES ELEMENT: Recornmended For Adoption.
POTABLE WATER SUB-ELEMENT: Recomme~ For Adoption Subject to
staff recommendafion in the ORC Staff Report.
SANITARY SEWER SUB-ELEMENT: Recommended For Adoption Subject To
staff r~commendafion in the ORC Staff Report.
NATURAL GROUNDWATER SUB-ELEMENT: Recommended For Adoption
subject to staff recommendation in the ORC Staff Report.
SOLID WASTE SUB-ELEMENT: Recommended For Adoption subject to staff
recommendation in the ORC Staff Report.
DRAINAGE SUB-ELEMENT: Recon~nended For Adoption subject to staff
recommendation in the ORC Staff Report.
CONSERVATION & COASTAL MANAGEMENT ELEMENT: Recommended for
adoption subject to staff recommendation in the ORC Staff Report.
TRANSPORTATION ELEMENT: Recommended For Adoption subject to staff
recommendation in the ORC Staff Report.
HOUSING ELEMENT: Recommended For Adoption subject to adding 'Collier County
Housing Authorfty' to Poky ZZ
IMMOKALEE AREA MASTER PLAN: Recommended for Adoption subject to adding a
new Recreational/Tourist District to mad as follows and to update the Irnmokalee
Future Land Use Map (See attached site map fo~ location of new dis~t) to
reflect this distrfct and update the Support Document to include this acreage in
Table 7:
5. Recrep~i(x~pl/Tgudsf District
The ~:roose of Lhis di~rict Is to omvide centers for recreational and tourism
activity that uftTrzes the natural envfroryrmflf as the main
attraction. The center should contain Iow Intensity uses that attract
to~rf~ts and residents while orezmvfno the ~al features of
the area. Uses [;~rmtffed in thle district Include: oasslve parks, nature
~eserYes: wildlife sanctums: ooen soece: museums: cultural
fpClr~i~i; marinas: transient IodczYta factBtles Includk~ hoteVmoteL
rerltp( cabins, bed & b~akfesf establishments, cemosite~: testa&rants:
recreat/onal vehicles: soortina agd rpcreetfmml camos: Iow intepsitv
retail; single family homes: acrlcuiture: and those essential services
.~s defir~t in ~he I~, ~ l~ioo~t Code.
Residerl#al devpkpoment is ~rrnitted at · density of iess then or
to fp~r (4] (fw~llino units oar aross acre. Transient Iodoino is
perrnitt~l et e rpaxlmum dens of twenfy-~x (26) units ~ acm.
~;or~ ere encoureoed to be in the form of a Planned Unit Dev~
p_~ent (PUD). The minimum ecreeae mardmme~ for · PUD
~ contiguous acres.
GOLDEN GATE AREA MA~TER PLAN: Recommended for ado~ subject to
changing language of the Neighborhood Centers Subdistrfct to Include the 5 acre
parcels, Tracts 150& 151, Untt 27 on the NE & $E comer of White BIvd. and
adding the N ~ of Tract 113, Unit 26 on the SW comer as eligible for commerctal
2
AGENDA_I ITEM~ I
NO. 2 A...~.
October 28, 1997
Pg. 2
end adding ~ S ~ of Tract 113, Unit 26 and E Y~ of Tract 107, Unit 2t~ as
buffer/water management areas and Emiting contract/a/development for the
entire commercial node to 20 acres with a single project ut~zing no more than
50% of the total allowed commercial acreage in each quadrant. See attached
Exhib/t I for comp/ere I~nguage.
STAFF DOES NOT SUPPORT ADDING THE~E ADDrnONAL ACRES TO
THE NEIGHBORHOOD CENTER AT ~ RIDGE AND CR45t.
FUTURE LAND USE ELEMENT: Recommended for adopt/on subject to the following
changes tn t~e ORC Staff Report:.
Pg. 5 - Pwagraph b . Add the won~ 'vlabte, ~ ocougrfr~' a#er the wm'd
Pg. 10 - Add a new paragraph J. to mad: 'For those sites that have existing
commercial zoning abutting one side, ~al zoning used pu~uant to this
subsection shall only be app#ed one time to serve as a transitk~al use and wEi
not be permitted to expand.
Pg. 10 - Business Parks Paragraph J - Change to read: The maximum additional
acreage er~ible to be utilized for a Business Park Subdistrict within the Urban-
Mixed Use District is 500 acres, exclusive of open space and conservation acres.
Pg. 10 - Neighborhood Commercial Subdistrict - Add the following language: to
require a small scale map amendment;/ocated adjacent to an existing residential
community; located at an intersection along an arterial or collector;, no closer
than ~ mile to a commercial zoning boundary In an activity centec and adding
urban design standards. See attached Exhll~it 2 for complete language.
STAFF DOES NOT SUPPORT ADDING THE NEIGHBORHOOD
COMMERCIAL SUBDISTRICT TO THE FLUE.
Pg. 14 - Activity Centers:
Paragraph 1 - Add a new sentence after sentence 2 to read 'Hpwever. if a
properly owner has less then 51% ownershfo wfthfn a auadrant, that orooerty
owrter t~av still reouest · rezonino under the orovisions of the Mixed Use
Activity Center Subdistrfct sublect to the maximum acreaoe allowed In Paraoraoh
2 below, Property owners with less than 51% ownershio ere f~r~uraoed to
~ncorporate vehicular and pedestrian access with edlecont t~ooertles within the
Paragraph 2 - Change the maximum amount of acreage for #3 & #7 to 25 acres
per quadrant for a total of 100 acres and for #14 change maxknum to 45 acres
and delete language 'has two Intersection quadrants therefore the maximum
acreage shall be 20 acres per quadrant for a' and replace with 'shall have:
Pg. 15 - Add the language concerning Act/v~ Center #g, attached as Exhibit 3,
after the first paragraph at the top of the page.
Activity Center Maps - The following additions of land area are recommended for
the following Activity Centers:
#g - in the NW quadrant, leave in Golden Gate Hea/th Pa~k and the
adjacent 'A' parcel to the South and In the NE quadrant, leave in I/Vhite
3
&GEflDA ri'EM__ t
NO. _I 2 A..~),_
October 28, lgg
Lake Industrfal Park.
#10 - In the SW quadrant, add the Seagate Baptist Church and the
adjacent 'A" parcel to the East back into the Activity Center.
#11 - In the SW quadrant, add La Fontana PUD and the CF property
bock into the Activity Center.
STAFF DOES NOT AGREE TO ADDING THESE PARCELS BACK
INTO THE ACTIVITY CENTER.
Pg. 16 - Paragraph II - AGRICULTURAL/RURAL DESIGNATION - Delete the
sentence 'Also, provision of new ce,,bar~,d water end sew~ systems, whether
public or private facilities, are prohibited, except for pre-existing egreernents
made prior to adoption of this Plan.'
STAFF CHANGES: Since the CCPC hearing, staff is recommending the following language
changes to prevent any inconsistencies between existing land uses and the FLUE:
ADD A NEW FLUE POLICY 5.t2:
Proc~r~ies determined to comolY with the former Industrial Under Crfteda orovision, or with
lh~ rxovision contained in the former Urbart-lndustdal District which allowed expansion of
industrial uses a~liacent to lands desianated or zoned Industrial as adorned in Ordinance
89-05 in January. 1989. shall be deemed consistent with the Future Land Use Element.
These Orooerties are identified on the Future Land Use Map Sedes as Properties
C(~rt,~'tent by Policy.
~,lylEND POLICY $,t TO READ: All rezonings must be consistent with this Growth
Management Plan. Property zoned pflor to adopUon of the Plan (January 10, 1989) and
found to be consistent through the Zoning Reevaluation Program are consistent with the
Growth Management Plan and designated on the Future Land Use Map series as
Properties Consistent by Policy. Zoning changes will be permilted tP these orooertles, and
to ~her propertfes deemed consistent with this Future Lend Use E:ement via Policies 5.9
[J~EG.i~GJ~.~I~, provided the amount of commercial land use, ipdustflal land use. permitted
number of dwelling units, and the overall Intensity of development allowed by the new
zoning district, excel~ as allowed in Policy 5.11, are not increased.
APD THE FOLLOWING LANGUAGE TO PARAGRAPH D OF THE BUSINESS PARK
DISTRICT ON PAGE 9 OF THE FLUE STAFF REPORT:
d. VVhen the Business Park is located wtthin the Urban Industrial District or Includes
industrially zoned land, those uses allowed in the Industrial Zoning District shall be
permitted in h[h[hPt portion of the Business Park dc'-~lgnMed or zoned Industrial. VVhen a
Business Park is located in the Urban Commercial District ......
4
pg.GENDA ITEM i
O. _12 A..~
October 28, 1997
ADD THE FOLLOYflNG LANGUAGE Tn URn~N-tNDUSTRiAL D~TRICT ON PAGE 15
OF THE FLUE STAFF REPORT;
C. ,Jrt)an Indust;fal Distrtct
The Urban Land Use District is reserved primarily for industrial type uses and comprises
approximately 2200 acres. Besides basic industrial uses. limited commercial uses ere
permitted. Retail commercial uses are prohibited, excep~ as accessory to Indusldal or
Business Park uses. The C-5. C-4 anU PUD Commerdal Zoning Districts alcmg the
perimeter of the designated Urben-lndustrial Distrtct that existed as of Oclober. 1997 shall
be deemed consistent with this Land Use District .........
RECOMMENDATION: The Board of County Commbsloners ~ the Growth Management
Plan Amendments. as presented or with changes, end fomrard to the Department of Community
Affairs for review compliance with Chaplet 163. Florida Statutes and Rule 9J-5, F.A.C.
PREPARED BY: (~'-~,'
LEE LA~t~IE, Planner II
REVIEWED BY:
STAN UT$1NGER, AICP, Pffncipal Planner
Comprehensive Plannln on
REVIEWI;D BY:
REVIEWED BY:
REVIEWED BY:
Comprehensive Planning Section
wA E' NOLD, A CP.
/VINCENT ~ CA~Rb, NCP, ~min~tor
Community Developmont and
Environmental Services Division
1997 Growth Management Plan Adoption EX SUM
AGENDA ITEM
October'28, 1997
pg.
EXECUTIVE SUMMARY
PETITION AV 97-019 TO VACATE A PORTION OF A 15' WIDE DRAINAGE EASEMENT
ON LOT 11, BLOCK C, "FLAMINGO ESTATES" AS RECORDED IN PLAT BOOK 10, PAGES
34 AND 35, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA
~.,~: To adopt the Resolution to vacate a 32.7' x 8' portion of the platted 15' wide
drainage easement along the rear of Lot 11, Block C, "Flamingo Estates" so that the .~'reen enclosed
pool area that was built in the easement will not be an encroachment
CONSIDERATIONS: Petition AV 97-019 has been received by the Transportation Department
from Richard Bennett, owner, requesting the vacation of that portion of the platted 15' wide drainage
easement which is encroached upon by the screen enclosed pool area. The Petitioner states that the
screen enclosed pool area was constructed twenty years ago. Petitioner is also requesting that the
Board waive a portion of the filing fee from $I,000 to $300 due to the simplicity of the application.
The $1,000 filing fee was established by Resolution 96-25 and is based on the average vacation staff
review time. Staff considers this fee to be fair and reasonable and recommends that the Board not
waive a portion of the filing fee. If the petition is approved, then the drainage easement will be 7'
wide along the screen enclosed pool area and will remain 15' wide in the remaining areas. There are
no drainage facilities within the area of the drainage easement going th_rough Lot 11, Block C and
none are contemplated. Letters of no objection have been received from the Planning Services and
Stormwater Management Departments. The Transportation Department has reviewed the petition
and has no objection. Zoning is Residential.
FISCAL IMPAC-~: The County would col le~'~t $1,000 Peflflon t'o Vacafe Filing Fe~ In 1.he Road and
~CQMME~A~ON: ~t ~~<Co~ ~ssJon~ a~ve "th~<Re~Im~on
for P~fion AV 97- 019 for ~e vacation ora ~aion of ~e a~ve d~ ~ent ~d
a~ofi~ ~e ex~ution of ~e Re~lution by i~ C~ ~d di~ ~e CI~ to ~cord a
~flM copy of ~e Re~lution in ~e public g~r~ ~d ~ ~e appropriate ~ not~ on
· e recorded plat of "FL~GO ESTA~S". In Mdifio~ S~ ~~ ~t ~e Bo~d not
~ive a ~on of~e filing f~.
COS1.S*
PREPARF, D BY:
DATE: 1-~:~.~'~
DATE: ~2 ~,~..~_~_~ ~,~
Rick ~'igg~_, ~L~and Surveyor
·
ISa~tid F. B~banick, Interim Tmnst~rtafion Director
I RKSOLUTION NO.
2
3 RESOI.,UTION FOR FETTTION AV gT-OI 9 TO VACATE A PORTION
4 OF A FIFTEEN FOOT (15') WIDE DRAINAGE EAS~ ON
~ LOT l l, BLOCK C, "FLAMINGO ESTATES' AS RECORDED IN
6 PLAT BOOK 10, PAGES 34 AND 35, OF THE PU~UC RECORDS
'/ OF COLUER COUNTY, FLORIDA.
9 WHEREAS. pursuant m See~on 177.101, Florida .~ It. lo.rd Bennett, owner, does
l0 he~ reques~ Ihe va~stlo~ of · portion of · I$' wide dralnale easement o~ Lot il.
~1 "FLAMINGO ESTATES' as rmorded in Plat Book 10. Pales 34 and 35, of~e Public Records of
12 Collier Coumy, Florida; and
~3 WHEREAS, Ibc Boerd has this day hekl a publle hearin~ Io oomid~ va~atinI a porlion of said
14 easement as mor~ fully des~bed below, and notice of said public hearing Io
I~ ~luired by ~ snd
16 WHEREAS, the IraminI of the vacation will nol ~dve~ely affe=l the owne~hip or ril~ of
I! NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
19 COMMISSIONERS OF COLLIER COU'~FI'Y. FLORIDA, ~a~ ~ foilowin$ I~ and is he. by _w.~____:
2O S~e Exhib~ =A' a~a~hed h~to and ~ he~Jn.
21 BE IT FURTHER RESOLVED, tha~ the Clerk h he~ dirtied m ~ · ~s~if'~d ~ of
22 this Re~olm~on in the Public Records of Coll~e~ Coum~. FIo~da, a~d
23 vacation on the ~.o~ded pla Of#FLAMfNGO ESTATES".
24 This r~olu~ion ~do~ed afl~ motion, second and ma~ vo~ favmJn[ same.
2~ DATED:
26 ATTEST: BOARD OF COUNTY COMmiSSIONERS
27 DWIGHT E BROCK. Clerk COLUER COUNTY. FLORIDA
3O
31
3~
36
39
40
41
Timothy L Hancock. Chairman
96122"o StrHt S.F_
Naples, FL 34117
ill Mactides, RS.M.
DESCRIPTION
A portion of Lot 11, Block "C", Flamingo Estates, as shown on that map or plat thc'reofas
recorded in Plat Book 10, pages 34 and 35, of the Public Records ofColl/er Courity,
Florida, being more particularly described as follows:
COMMENCING at the Northwest comer ofsaid Lot I I, Block 'C', Flamingo Estates;
thence S. 00~ 0T 30" W. along the westerly boundary of said Lot 1 I, Block 'C', Flamingo
Estates, for a distance of I:~.00 feet to an intersect/on with the Southerly boundary ora 15
foot wide drainage easement as shown on the map or plat thereof, thence leaving siad
Westerly boundary, N. 89' 59'10" E. along said Southerly boundary for a distance of 9.35
feet to the POINT OF BEG~G ofth¢ herein described parcel of land; thence leaving
said Southerly boundary, N. 00° 0T 30" E. 8.00 feet; thence N. 89~ 5ir I0' E. 32.70 feet;
thence S. 00" 07' 30" W. 8.00 fcct to the aforesaid Southerly boundary, thence along said
Southerly boundary, S. 89' 59'10" W. 32.70 feet to the Point of Beginning of the herein
descn'bed parcel of'land.
Said parcel containing 261 squar~ feet, mom or less.
A skecth of description is attached hereto as Exhibit "A" and by reference incorporated
herein.
Bearin~ ar~ based on thc North line of LOt l I, Block 'C", Flamingo Estates, as per map
or plat thereof, recorded in Plat Book 10, pages 34 and 3f, of the Public Records of
Collier County, Florida, as having a bearing value of N. 89~ 19' 10" E.
Not valid without the signatur~ and original raised seal of a Florida liscensed Surveyor
and Mapper.
~ P.S.M.
Professional Surveyor and Mapper
License No. f621
Tt.~ DF.~CRIPTION I~ NOT VALID WITHOUT ~HEET; OF 2
FILE NUMBER 97J04-:
II! Mactides, RS.M.
POINT OF
~ COMMENC~
SKETCH OF DESCRIPTION
EXHIBIT "A"
LOT II, ~.OCI( '"C"
~ F. STAI'~
~0.'/'
POINT OF
BEGINNING
~,,AL.E r' TO I00'
SHEET 2 OF 2
FILE NUMBER 97.104
patitiona;Loy~a:LJ.
Addraas: l~'4J lztn Ave. NOrth
city/stateBaples
Agent:
Addreaaz
City/State:
Add=asa o£ Sub,act Proparty~ 4459
c .tY/stat :
Telephone =Z b Z- U 4 U U
Zip Coda=..~4Z UZ
Talaphona
Robin Ave.
. i.
~ocation= Section 1 Township_ _.~
Level Oasc~tptlqn: . ~t~s el~ Plat Book ~U ,
Reason to: Re.est{, Vacation of drainage ease~en: {see
attached documents)
~enC Zoning: Resi~eDt~al Does ~hil
affect density?
I ~ere~uthoriz8 Ag~ Above to Represant Ho for ~e
Signature of Pet~t~ner (Omer) Date -.-
Richard K. Bennett Property owner
)tint Name
~lmmsm m~m ~Polt~ mhd Pro:mdu~m of vmcmtion mnd~nuXmmnt" for
the list of suppo~lve materials which
petition, and deliver or nail to~
~anspo~aCion
Collier County ~e~nen~
Naples, ~ 33962
Telephone~ (~41~ 774-~4~4
*(l) Zf applicant is a land ~, ~dicaCe
bene~claries.
(2) Zf applicant ia a co.oration o~ ~an a ~bl~c
co.oration, indicaCa ~e ~ane of o~flcera and ~or
stoc~oldera.
(3) If applicant is a pa~nership, l~ited pa~ersh~p or
other ~siness entity, indi~te ~e mane of pr~cipals.
(4] List all other ~ers.
Page 4 of 4
BOARD OF
COUNTY COM~E~ONERS
COLUER COUNTY
NAPI~ FLOPJDA ~3962
RECEIVED FROM
ADORESS 1243 12th aye = CiT~ Naples, 1~ .
DATE 9/8 .19 97 ....CHECKNO 1661
DESCRIPTION PetLtto~A¥ 97-019
INV~CENO.
101! 163610 329100 00000 x 1,000.
CU~OUER ~PY
~-qnI daqrfl~d hmk ~t. ~;;M a~d b~t~ h ~Ji~ GraMMe. Jqo~b. n~.flJ
Lot Il, IJock C, Flamingo b~utn, ~r plot ~.r. of moor&sd ot FIM look 10, fagot 34 rind 3~,
Pub/lc tKurdl o~r Collier Comb,, Fforrdo.
STAT~ OF FLORIDA
COU~rTY OF COLUSt
epp,md I.bwb A. Sdmekm,
010285C6 i~,~.
flapla~, Fl. 33942
.,_"-"_L",._'~. _"--": '"' "'.'~..,',,~_ ,-,, ~,-,,.-,. ,, ,~,4¢,,. ~ ,,,,,~-'- --- '-"Taw, ~,L~,,,,~'~,,,L~ i
end TX, Block C, TLA~T~GO %$TA1;ES, per
. and 35. rublic Pccord8 of Coil/or Cmmc),.
~ZS ZI A~ Z~L'~KSPOU~AL COW~YA~CT.. lc is the AnCenc o~ ( '
mhd complete f~e w~,~Ze c%tZo co her #poufe,
2:335 TinLoLt Trail Iorch, Suite $05, llaplml. Florida 33l&I~
~---~,.., ...... NOT DE-FA, CH
, <" ,:~ ~l !
.t, ,=H I
i~ ,;tL~I I /~:~
IJ i /
!
tO0~ 3'LT. ZZ 1:3'triG3 Sg¢ST~TtS 2T& TO:~T 4S/SO/SO
I
.,.'-_re"l" .... .,.,
~ ~~' ' ~ el Il ell ,
~ ,
m -~=., -, · ' ,.~_ ,: ,-,--~ -,-~:j?~, ~.
~. ~i
....... ...................
~ ~,_ , . I ,~
l
. I. -~; ~ ~ ,? ~ - '..~.:
,- ,.:: '- '~-' '"" l",' '
~',e e e? .,.:
Ad!ac~nt Pror)ertv Ownem
C 7
C 8
C 9
C 10
C 12
C 13
C 14
C 15
F 4
F 5
F 6
F 7
F 8
F 9
F 10
F 58
F 59
F 60
F 61
F 62
Janet C. Clements, 4385 Robin Ave., Naples, FL 34104
Paul G. & Veronica Savino, 4409 Robin Ave., Naples, *FL 34104
Kenneth C. & Sharon L. Badke, 4419 Robin Ave., Naples, FL 34104
Craig S. & Kristen L. Milboum, 4439 Robin Ave., Naples, FL 34104
Lawrence P. & Linda S. Reardon, 4481 Robin Ave., Naples, FL 34104
Ruth M. Schulze, 4501 Robin Ave., Naples, FL 34104
Daniel & Marcia L. Vandaele, 4523 Robin Ave., Naples, FL 34104
Mark S. & Renee Linsea, 4541 Robin Ave., Naples, FL 34104
Donald a & Betty M. Frazel, 4404 Robin Ave., Naples, FL 34104
William B. & Nancy E. Smith, Jr., 4420 Robin Ave., Naples, FL 34104
Dennis & Theresa Mitchell, 4440 Robin Ave., Naples, FL 34104
Harry & Mae Nevtns, 4458 Robin Ave., Naples, FL 34104
David Zamarron, 4480 Robin Ave., Naples, FL 34104
Samuel N. Stratton, 4502 Robin Ave., Naples, FL 34104
Raymond & Jennifer Milum, Jr., 4518 Robin Ave., Naples, FL 34104
Drew S. & Brenda L. Wemer, 4503 Rosea CL, Naples, FL 34104
Ricardo J. & Celia Insua, 4483 Rosea Ct., Naples, FL 34104
John V. & Rina M. Walter, 783 108th Ave., N., Naples, FL 34108
Rodney J. & Barbara Garner, 4439 Rosea Ct., Naples, FL 34104
Carl M. Bommann, 4419 Rosea Ct., Naples, FL 34104
'I II I IIIII IIIIIII · II I .........
Iq~c~or~ K. ~no~t; Ir~ ~Uo~of Oonk of NojMes. Its ~cce~
~ RI~ARD K. BENNE~ LEGEND BOUNDARY SURLY
' · ~ ~0
' I II
, I 17
? 18
,, I IS
1
· 9 14
i,o i
3 II I~
I
' ~
· 4
' I II
'i ; I1'
? l
,.
· I IS
' I 14
'1~41- PI4ESC~I~b H~C~qII4'O IN &14C)~n40 I'I~IL"~I~t-O q#&
COUNTY
Ct-e.? I rlc~T i- or
COLLIER COUNTY GOVERNAfENT
2800 NORTH HORSESHOE DRIVE
NAPLES. FL $3942
(941) 84~8400
A C~.~t~gl£D BLU~ CHIP COM ~,B.~qTY
August 29, 1997
Ms. Diane Moreland
'lhe Hunt Group
3761 Tamiami Trail N
N~I~, H~ 34103
Re: Lot 11, Block C, Flamingo Estates
Dear Ms. Moreland:
The Collier County Development Services Department has reviewed your request for a statement
of our position on the encroachment of the pool enclosure of Lot l 1, Block C, Flamingo ~
into a Collier County drainage easemenL
Based on conversation with $ohn Boldt, P.E., the County's Wa~r Management Director, Collier
Coun~ has no objection to the encroachment.
Due to the length of time the encroachm~t has been in place without interfering with the
easement, it is unlikely that any removal of the s'tructt~ will ever be necessary, bu~ ~he County
still retaim all fights to the easement.
John Boldt has no objection to a vacation of that lxyrtion ofthe easement, should you so desi~.
The vacation procedure has a $1000 filing fee and takes ~n~tely two months. For
information on vacations, ~ Russ M~l~r at Tnmsporr.,,t/on Services (774-g494).
Sincerely,
Senior Engineer
SC/der~/~.29.97letter
cc: John Boldt, Water Management
Russ Muller, Transpomfion
PUBLIC ~OI~KS DIVISION
September 4, 1997
~3301 E. T~ TRAIL
NAPLES, FL 3x. 112
(941) 732-2~75
FAX C041) 732-2526
Mr. Richard K. Bennett
Parks, Bennett snd Stewart
865 F'tt~ Ave. S
Naples, Florida 34102
Encroachment on County Drainage Easement
Lot 11, Block C, Flamingo Estates
The Stormwater Management Department has no objection to a vacation of that portion ora
Collier County Drainage Easement that is currently encroached upon by the pool enclosure at the
above referenced location.
Sincerely,
John H. Boldt, P.E., P.S.M.
Stormwater Management Director
cc: Start Chrzanouski, P.E., Senior Engineer, Engineering Review Section
P,u~ Muller, Transportation Department
EXECUTIVE SUMMARY
RECOMMENDATION THAT THE BOARD OF COUNTY COMMISSIONERS ADOPT
AN ORDINANCE AMENDING ORDINANCE NO. 90-10~, THE COLLIER COUNTY
CONTRACrORS' LICENSING BOARD ORDINANCE
~e_~;~: To obtain Board approval to adopt an ordinance amending Colli~r County
Ordinance No. 90-105, the Collier County Contractors' Licensing Board Ordirmx~.
CONSlDEptATIONS: The current Contractors' Licensing Board Ordinance No. 90-105 was
designed to regulate licensed conlraciors only and does not address the issue of individuals
working without a license. In accordance with the current system tmlicensed conlractors must be
cited to court by the Contractors' Licensing Board. This process is time consumi_og and
ineffective.
Sta~ Statute 489.127 allows local governing bodies to enforce codes and ordinances against
unlicensed conu'actors and to establish a schedule of penalties. The maximum civil penalty which
may be levied shall not exceed $500.00.
Moneys collected pursuan! to this section shall be retained locally as provided for by local
ordinance and may be set aside in a specific fund to supporl future e~orcememt activities agains~
unlicensed contractors.
The process will enable the Building Official, Licensing Compliance Officers, ~xl the Chief
Building Inspectors to cite unlicensed contractors. A fine schedule of $300.00 for tbe flr~
offense and $500.00 for each offense thereafter has been set by the Contractors' Licensi~ Board
and endorsed by the Development Services Advisory Committee, Collier Business Industry
Association, an.d other construction organizations. The citations will be paid at the Deparunent
of Revenue Office on North Horseshoe Drive.
Additionally, an appeal .m'ocess will be in place enabling the unlicensed contractor to sppeal to
the Contractors' Licensing Board who employs an attorney on r,~-tainer.
Other revisions to the Contractors' Licensing Board Ordinance relate to the renewals of
Certificates of competency, authorizing the expansion of the activities of pool and spa
contractors, reciprocity of electrical, plumbing, ~d mechanical conlracto~ ~xl StaIe governed
licenses such as elevaIors, wells, septics, mobile homes, etc.
1997
FISCAL IMPACT: The citation program will be implemented by the Building R~cw and
Permitting Department at an estimated cost of $1,000.00 for citation books with the exception of
the County Attorney's ~ time for any lier~ filed against ~. There will be no additional
adainist~ f~-~ to the Department of Revetme for the collection of~ ~ The FYg~
budget did not amicipate thLt citation program. The floes collected in It~ C.,mmmmi/y
Developme~ Fund - Dcvd~ $~vices Adm. (113-138900) md expemes ~ for
ci~on books in the Con. unity Developmen~ Fund. Contrlc~ License/nvesti~ (113-
138912) will be reco~ O~rough budget amendment(s).
GROWTH MANAGEMENT IMPACT: Although construc~on activities are not specifically.
regulated by the Cfl'omh Management Plan, this amendment will provide a supplemental
enforcement tool for controlling certain building activitie~ which in turn ~dlows the Community
Develol:nnen! and Environmental Services Division to properly manage grow~
RECOMMENDATION: That the Board of County Commissioners adopt ~n ordinance
~mending Collier County Ordinance No. 90-105, the Collier County Contractors' Licensing
Board Ordinance and approve all necessary budget amendment(s) to recognize additional fine
revenues and expenses.
PREPARED BY: ~L
wa, S. Penco, C.B.O. Date
/~/,D-irec~r' Building R .~,~t and Permitting
REVIEWED BY: ~//~. (/_~.~c~,~'- /~'-0~
Vincent A. Cautero, AICP Date
Administrator, Community Dev. and Env. Srvs. Division
OCT ,*, 8 1997
e
!
4
6
?
I
9
$0
~3
~6
~9
2O
2!
22
23
24
26
29
3O
3!
32
33
34
36
37
3~
39
4O
41
43
46
4'7
49
$!
53
57
O~DIN~.NCE ~0. 97°
AN OZLDI]O~CE AKENDINO COT.LZ~R COUNTY ~~
IZ~ ~.4.3~ ~D ~ 8Z~ ~.4.?, 1.4.1 ~ ~.4.9
1.6.2.10 T0 P~DZ P~ ~Z~Z~ OP
1.6.3.25 ~ ~P~ A~0RZZ~ ~~ZS OF
DELE~ SZ~I~ 1 · 6 · 3 · 29 '- MOBILE H~ J~
STA~ ~PP~I~ PR~ I ~ ~ ~TZFI~ OF
C~~e TO ~E~I~ 2.3~ ~ ~E~S 2.2.10 ~
SZ~ION 2.T TO DIS~ ~IT FOR ~ f~S ~T
~E MO~ ~ ~ ~S O~ ~ SE~I~ 3.1.1 ~
3,1.2 ~ ~POI~S TO ~ C~~'
BO~ ~ SE~ION 4.1,3 TO ~I~ e~ OF
A CONS~U~ION CO~~ ~ ~ S~I~ 4.1 · ~ TO
DELVE ~ S~ST~LY' ~ ~ SE~I~ 4 · 1 · 10
~I~ 'FA~ WO~S~P'I ~D ~E~I~ 4.1.24
~PLY TO CO~ ~RTIFI~ CO~~ ~
ST~S ~T ~PLY TO BTA~ ~YI~
489.127 ~ 489.132 F.S. ~t ~I~
~O~TO~ ~O ~ ~ ~ ~~
~ 8=~I~ 4.3.1.b ~: ~X ~~1
SE~I~ 4.3.4.3 Fo~ IS~ OF ~P~;
0~ ~ 15 ~T~ ~ 30 DAYf; ~ f~ 4.3.S.6
DECISIVe ON ~~; ~ ~Z~S 1.$.4, 2,1.5,
~ 4.1.1~ TO ~-DA~ JOB ~/~ D~~
PR~DE FOR C~I~ ~ f~ZL~l PR~ POR
words un~e~ are
deleted.
ol-
added; words struck through
OOT 2 8 1997
MH~EA8, local re~uls~ion of certain type o~ con~rac~ors ts in
the best Interests sE ~he c~t~zeno o~ ~ll~er C~y ~o pro~ec~ ~he
~lic heal~h, aa[e~ ~d~l[are; and
~, a~n~n~s ~ve recently ~ed Co Flor~ S~aCu~ee
~a~n~ng ~o ~he re~la~t~ o~ c~rac~or8 which re.ire ce~a~n
r~ill~l to this Ordin~ce; ~d
~, o~her pr~lsions of ~hi8 ~d~nance are ~ing a~nded
solely a~ ~he digcre~on of ~he Board o~ ~y C~igsl~erg ~o
clari~y isles or ~o solve or all.isle ~obl~ ~lng ~rienced
~ affected ~rades~n ~n Collier C~y, which diocre~a~
aM~n~s ~ve ~en rec~ended ~o ~he ~ard of C~
J4
16 MOW, ~O~, BE :L'T OJ~A3::MED BT TH~ BOARD OF COU~T~
17 C~ffZ~ OF COL~Z~ C~, ~A ~:
~ YO~f f
24 sh~p, co~ra~Lon or other legal en~L~ ~0~ engage Ln ~
cons~c~on con~racting ~us~ness, adve~ise or represen~
26 h~sel~/herself or a ~us~ness orga~za~ion as avaLl~le ~0 en~a~e
27 ~n an~ cons~c~on con,racking ~slness, or act ~n ~he capac~t~ si
a contractor or s~contrac~or Esr an~ of ~he trades l~l~ed ~n
Section 3.6 of th~l Ordinance, w~h~n ~he ~nco~ra~ed area of
Collier Co~t~ and the ~nco~rated area v~hXn ~he ~r~el of
31 the C~ of Naples, w~hou~ ~v~ng f~rl~ ~de a~l~ca~on for and
Naples Ce~f~cate of C~en~ or ~ a~l~c~le State Ce~XEXed
~cense. ~oth~ng here~n s~ll ~ co~ed ~o ~ ~ ~here
ca~o~ ~ e~l~ees ~n a ~rade v~ ~e no~ ~alX~ed or ce~E~ed
w~h~n ~he de[InfO,one herein le~ fo~h Xf ~ch e~l~e8 are
37 e~l~ed ~ a licensed con~rac~or who exerc~lel I~l~on and
-2*
Words ~ are added; words struck through
deleted.
are
A~£ND& ITEM
NO. ~
OCT 2 8
! co~trol over ·aid employees. Indicia o£ an employment relationship
2 shall include the emplc,/er's regular paMment o£ wages and
2 coe~enaation, FICA deductions, tax withholding and provision of
4 #orkers' Compensation to the employees, all as prescribed b~ law.
~ 1.2. Bulldin~ Permits.
6 1.2.1. Ilo building peruit shall be lslued £or the
? construction, alteration, or repair o£ any structure unless the
I applicant for the permit possesses · current Collier County /City
9 of Ilaplea Certl£icate of Competency, an applicable Bt·ts Cer~Afied
10 License, or i· exel~t from the operation of this Ordinance.
11 1.2,2. It shall be unlawful for an~ o~ner-builder Co
12 procure · building permit and to use said permit with the intent to
12 aid or a~et an unlicensed contractor to perform the permitted
14 construction, alteration, or repair. ~uch conduct shall be
I~ punishable as a violation of this Ordinance and the per.it and
Il inspection shall Be considered invalid for that portion of the
17 construction related to the violation.
I~ 1.3.1. Ovner-Builderl. Ovnerl of property when acting
20 al ~heir own con~ractor and providing all material lU~rvilion
2~ themlelvel, when Muilding or improving farm outbuildings or
22 one-family or tvo-~amil~ relidencel on lUCh proper~¥ for the
22 occupancy or ule of luch ovnerl and not offered for isle or lesle.
24 In all actionl hrough~ under Section 1.1 of thil Ordinance, proof
22 of the isle or leale, or offering for isle or leale, of · l~rUcture
26 by the c~ner-builder within 22 uonthl after illUance Of ·
27 Cer~ificate of Occupancy is prima facie evidence that the
21 construction was undertaken for purpolel of lale or leale. Thil
:9 doel not exempt any perlon who il employed by luch cxener and who
20 actl in the capacity of a contractor. Thil exemption doel not
21 apply to any t~pe of cc~mzercial building. To qualify for exemption
22 under this Su~oection, an owner muir personally appear and lign the
2~ building permit application. An owner-builder wall be illUed a
24 e~ximum of one (1) owner-builder permit for the COnltrUC~lon of a
:~ one-familM or two-family home in any ~l~ree (3) year period. An
-3-
~ords IMl~.~imed are added~ word~ atruc~ through
deleted.
! o~ner-bui~der applying for or receiving more th~n (me ~uilding
2 Permit for the construction of a one-family or two-family home in
~ any three (3) year period shall b~ prima facie evidence of
4 building/contracting without a license which ia a violation of this
5 ordinance.
6 X.3.2. I~IA~ WorJ~. The provif/oflf of Chis Ordinance
? shall not apply to, any Conltx~lction, alteration, improvement, or
I repair cax-~ied on within the limits o£ any site the title to which
9 ia in the ~Tnited States or with rerpect to which federal law
10 supersedes this Ordinance; or to an authorized employee o£ the
!I Vnited States, this State° or any municipality, county, or other
12 political subdivision ii the employee does not hold himself out for
13 hire or otherwise engage in contracting except in accordance with
14 his employment.
15 1.3.3. Vereons Woldizg Current ftate Certi£Aed
,6 Certi£Acates o£ Competency. Any person holding a current State o£
i? Florida Certified Certificate of Competency ie exempt from
II obtaining a Collier County/City of Naples Certificate of Competency
19 for that trade for which he/she ia cex~cified b7 the State, unless a
20 local license is also required. ~uch person is required to possess
2, a current occupational license ieeued
22 Collier County, and his/her performance as a contractor shall be
13 subject to all other requirements of this Ordinance not in conflict
2~ with applicable Florida law.
2~ 1.4. Renewal of Certificates o£
26 1.4.1. Certificates of Competency shall expire annually
· 7 at midnight on September 30~h of each year.
21 1.4.2. the Contractor Licensing Supervisor shall direct
29 the mailing of renewal notices to all licensed contractors at least
20 one month prior to the expiration date of the licensee.
31 1.4.3. Applicants for renewal must present the
32 Contractor Licensing Supervisor or his/her designee with the
33 following:
24 A. Evidence of insurance aa required by this Ordinance.
-4-
Wor~ M~ are a~ded; word~ struck through are
deleted.
OCT t 8 lC 7
B. A current Collier County and/or City of Naples
occupational license, aa applicable.
X.4.4. Any individual or business organization failing
to ren~ hie or itm Cer~ificate of Competency prior to midnight on
September 30th of each year shall have until midnight December
of the sa~ year to rene~ him or its Certificate of Competency,
provided ho~ever, that in addition to pal~,ent of the standard
renewal fee am required by this Ordinance, the applicant shall be
char~ed a late fee in accordance with the schedule of fees and
char~ee adopted by res*lution put.ant to Section 2.1.5 o£ this
Ordinance.
1.4.S. Should September 30th or December 31et Be a
Saturday, Sunday, or legal holiday, the renewal period shall not
expire until midnight of the next ~orking day.
1.4.g. Any individual failing to renew hi·
of Competenc~ prior to December 3let shall ~e required to a~ake
reapplica~ion pursuant to Part Two of this Ordinance.
1.4.? ~v individual wh~ fails to renew hi·/he~
Cer~iflica~e ol Co,he,envy ~rior ~o December 31 of the year in which
i~ exp_ires shall have a delin~uen~ ~er~iflicate o~
1.4.8 ~v individual who renews his/her ~sr~iflica~e of
Competency ~v Sea,ember 30 ofl ~he wear flollc~in~ i~s exmiration,
bu~ a~er December ~1 ofl ~hat wear. shall h~ve · ~u~D, nde,~
Cer~iflica~e and ~here~v mus~ ~av an addi~i~al late fee in
accordance with the schedule ofl flees ~d rha~aem ad.ted
Resolution ~rsuan~ ~o Section 2.1.~ herein, and amst really ir,
full includina u~da~ed credi~ re~rt· and all o~her
required in Section 2 herein, bu~ no re-~estin~ ·hall be re.ired.
2.4.9. ).nv individual who fails to renew hil/he~-
Certificate of C~e~encv ~rior to De~a.dmer ll ~i th~
follc~ino i~s e~ira~i~p shall ~here~ aut~icallv ~ve
valid Ce~i~tca~e fr~ ~ha C~v the in~ivi~l~ ~e~ ~v ~he ~h~n
a~licable ~ull a~lica~ion fee in accordance wi~h ~he schedule
lees and char~es ad~ed ~ Resolu~i~ ~rsuan~ to 8e~i~
-$-
#orals ~ are added; ~orde arrack through are
deleted.
OCT 8
2 date of receipt bY the County of said new a~lication, three ¢3)
years have ~aseed since the date of his/her~ost recent examination
chat the individual nassed to a.ouire the ~o~er
Amdividual ~s~ ~ass all ~hen ~licable ~eecino re~iremen~s.
X.5. Contractors/ ldenti~ica~i~ Re~ired ~ all ~ve~lsing
I X.5.X. ~1 con~ractors licensed ~der ~he pr~isions o~
~ ~his ~dinance shall ~ re~ired ~0 ~i~17 a~ix and/or ~o di~lay
I0 ~he ~ali~ier's Certificate oE C~eten~ Nu~r ~d ~he "~ing
I~ Business ~" ~ame on all adva~ising mediu~ used ~ ~he
12 con~rac~or, including ~ no~ limited ~o, con~rac~s, br~hures,
1~ ~siness cards and vehicles used in ~heir ~rade or ~siness. ~e
14 mini~m hei9h~ o~ each nu~r or le~er affixed ~o ~d displayed on
I~ vehicles shall ~ t~ (2) inches.
1~ X.~. De~lmitl~s ~d C~rac~or ~ali~lcatl~s.
17 1.~.1. ConCrac=or means Che ~rson who is ~alified for
IS and responsible for che encire pro/ccc con=racced for ~d, excepc
I~ ~or those herein exerted, =he ~rson who, ~or c~enea~ion,
20 under=ekes ~o, or s~iCs a bid ~o, or does hi.elf or ~ o=hers,
21 any or all of the following consC~cC, repair, alcer, re~el, add
~ ~o, demolish, s~CracC fr~, or i~rove any ~ildin9 or sClc=ute,
2~ including rela=ed i~rovemen=s =o real esCace, for o~hers, or for
24 resale co ochers, as hereina[cer defined in Seccions 1.~.1 C~ough
2s 1.6.3 o[ chis Ordinance.
26 1.~.1.1. ~neral Con~rac~or re~ires fo~y-ei~ (48)
27 months e~erience wi~h a passing ~ade ~ a six (~) h~ ~es~ ~d a
2~ ~wo (2) hour business and law ~es~ ~d~ans a con~rac~or whose
29 semites are ~limi~ed as ~o ~he ~e of ~k which he/she ~y do,
30 excep~ as provided in ~his Ordi~ce.
31 ~: ~lso see Sec~, 1.~.2.
32 1.~.1.2. Building Con~rac~or re~ires fo~y-eigh~ (48)
3~ ~hs e~rience wi=h a pasling ~ade on a Iix (6) ~ ~el~ ~d a
~ =wo (2) hour ~siness and law =es= and ma~s a c~=ra~or whose
3~ se~ices are li~=ed =o cons=~c~ion of c~rcial ~lldingl ~d
Words ~ are added; words struck through are
deleted.
single-dwelling or emltiple-dwelling residential b~ildings0 which
co==ercisl or residenti·l buildings do not exceed thrae stories in
height, and ·ccessory use structures in conn·ctton therewith or a
contractor whose services ·re limited to re~eling, repair, o~
improve~ent ol any size building if the services do not affect the
structural members of the building.
iqoT~ A~IO see Bect.
~.;.1.3. Residential Contractor requir·s £or~¥-ei~ht
(48) ~onthe experience with a passing grade on a six ($) hour
and a Cwo (2} hour business and law test and mans a contractor
whose services are limited to construction, remod·ling, repair, or
improvement of one-family, two-family, or three-family residences
not exceeding two stories in height and accessory use structures in
connection therewith.
NOT;: Also see ~ect. 1.6.2.
1.;.l.4. Contractor qualifieatAoas £or praetAce
restrictions. A general, building, or residential contractor shall
not be required to subcontract the installation, or rep·ir mede
under warranty, of wood shingles, wood shakes, asphalt or
fiberglass shingle roofing materials on · new building o£ his o~n
construction. Further, a general contractor on new site
development work, site redevelopment work, mobile ho~e parks, and
commercial properties, shall not be required to subcontract the
constr~ction of the main sanitary sewer collection system, the
s~or~ wa~er collec~ion system, and the water distribution system,
not including ~he continuation of utility lines ~rom the me£ns to
the buildings. Further, as to mobile home parks, the general
contractor shall not be required to subcontract the continuation of
utility lines from the mains, and the continuations ·re to be
considered · part oE the main sewer collection and ~ain water
distribution systems. However, no general, building or residenti·l
contractor state cer~ified after 1973, shall act as, hold
himself/herself out to be, or advertis· hl~self/h·rselt to be ·
roofing contractor unless he/she is cer~i£iad or re~istared as a
roofing contractor.
~orde ~ are added~ words struck through are
deleted.
OCT 2 8 1997
! ~.6.L.$. A general, building, or residentia!
2 contractor, axcept aa othe~iae provided in this part, shall be
3 responsible for any construction or alteration of · structural
~ co~ponent of · building or structure, and any cer~l£ied general
5 contractor or certifiedunderground utility and excavation
6 contractor ~a7 perform clearing and grubbing, g~ading, axcavation,
7 and other site work for any const~ction pro~ect in the state. Any
~ ce~ified building contractor or certif~ed residential contractor
9 ~syper~orm clearing and gn~bbing, grading, excavation° and other
10 si~e work for any cons=ruction project in this state, limited to
~1 the lot on which any specific building is located.
12 1.6.1.6. A general contractor shall not be required to
J3 s~bcont~act structural swi~ng pool work.
]4 ~o~.2. 8ubcontracting~ Subcontractors. A contractor
15 shall subcontract the electrical~ mechanical° plurabing° roofing,
16 sheet metal, swi~m£ng pool~ and air conditioning work for which ·
~? ~ocal ~xamination for a Certificate of Comp~tsnc~o~ · license ia
it required~ unless such contractor holds · Ce~ificate of CO~l~e~ency
19 or license o~ the respective trade ca~egoz~ aa required by the
~0 appropria~e local authority.
2~ 1.6.2.~. S~et ~etal Contractor requires twenty°four
~ {24) ~on~hs experience and a passing 9Tads on a three (3) hour ~est
23 and a paes~ng grade on a two (2) hour business and law test and
2~ means any person whose services are unlimited in the sheet ~etal
25 ~rade and who has ~he exper~ence~ knowledge0 and skill necessary
~6 for the ~anufacture, fabrication~ asse~bling0 handling° erection,
alteration, repair, aervic£ng, or design, when not proh~bitsd by
law, of ferrous or nonferrous Mtal wo;'k o£ U.S. ~o. L0 gauge or
30 it· equivalent or l~ghter gauge and of other ~aterials, ~ncluding,
but not l£ut~ted to, fi~erglass° used ~n l~eu thereof and of
a~r-handling ~stem~ including the setting o~ ·~rohandl~ng
equip~ent and reinforcement of same and including the balancing of
air*handling s~s~ems. This def~nition and qual~ficationa does not
~nclude roofing.
-8-
Word~ ~ are added~ word~ struck through are
deleted.
OCT 8 1cJ9
I ~.6.2.2. Roofing Contractor ~equires thiz'c¥-aix (3~)
2 months experience, a p&~sing g~ade on a thxee (3) hour ceec and a
] passing ~rade on a Cwo (2) hour business and lay test and means any
4 person whose services are unlimited in the ~oofing trade and who
5 has the experience, knowledge, and skill co install, meintain,
6 repair, alter, extend, or design, when hoc prohibited b~ lay, and
? use materials and items used in the installation, maintenance,
! extensiont and alteration of all kinds of roofing and roof
9 waterproofing and coating, except when coating is not represented
!0 co protect, repair, waterproof, stop leaks, or ex~end the life of
I~ the roo~.
12 X.6.2.]. ~echanical Contractor requires forty-eight (48}
13 months experience as a licensed ~ou~ney~an or equivalent, a passing
14 grade on a six (~) hour CesC and a passing grade on a Cwo (2) hour
I~ businels and lay test and means any person whose servicel are
16 unlimited in the execution of contracts requiring the experience,
I? knowledge, and skill to install, maintain, repair, fabricate,
II alter, extend, or design, when not prohibited by lay, central air
19 conditioning, refrigeration, heating, and ventilating systems,
20 including duct work in connection rich a Complete system only to
21 the extent such duct work is performed by the contractor as is
22 necessary co make complete an air-distribution system, boiler and
23 unfired pressure vessel e~stems, linc station equipment and piping,
24 and all appurtenances, apparatus, or equipment used in connection
25 therewith; and Co install, maintain, repair, fabricate, alter,
26 extend, or design, when not prohibited by law, piping, insulation
2? of pipes, vessels and ducts, pressure and process piping, pneumatic
21 control piping, gasoline tanks and pump installations and piping
29 for same, standpipes, air piping, vacuum line piping, oxygen lines,
30 nitrous oxide piping, ink and chemical lines, fuel tranl~lesion
3~ linel, and natural gas fuel lines within buildings~ Co disconnect
32 or reconnect power and low voltage heating, ventilating, and air
33 conditioning control ~eiring on the load eide of an existing
~ electrical disconnect switch~ and co install a condensate drain
3~ from an air conditioning unit to an existing lafe walte or other
#oz~J ~ are added~ words st~ck t]~c~gh
deleted.
OCT 8 1997 i
approved disposal ocher than a direct: connect~ion Co a
~scem. ~e sc~ o~ ~rk got ~ch contractor e~ll also include
any ~cava~i~ ~rk incidental ~here~o,
~rk ~ch al liveried ~roleum gal fuel lines within ~ildingl,
~le ~a~er lines or c~ec~i~l ~here~o, i~l~a~ o~r lines,
~i~ng ~l piping ~d fil~erl, or ell~rical ~r vlrl~.
1,6.2.I, Sass A ~r ~i~i~i~ ~ra~x ~ires
~hiny-s~ (2~} ~ t~ritnce as a liconsed ~~ or
e~ivalen~ wi~h a pa~si~ ~ade ~ a f~ {~) ~r tes~ ~d a
passin~ ~ade ~ a ~ ~2~ ~r ~slmess
~rs~ whose se~lces are ~limi~ed in ~he exe~i~ o~ c~rac~s
re~irin9 ~he e~rience, ~ledge, ~d skill ~o install.
~in~ain, r~air, ~rica~e, al~er, ~end, or deei~, when
prohibi~ed ~ law, central air c~di~i~in~, re~rigera~i~,
hea~ing, and ven~ilatin~ ~s~s, t~cludin9 duc~ ~rk in c~ec~i~
wi~h a c~le~e system ~ly ~o ~he ex~en~ ~ch duc~
~rEo~d ~ ~he con~ractor as is necessa~ ~o ~ke c~le~e an air
dis~ri~i~ sye~em, ~iler and ~fired pressure vessel ~s~e~ and
all a~enances, apparatus, or e~i~en~ used in c~ec~i~
~herewi~h~ to install, ~intain, repair, ~rica~e, al~er, ex~end,
or desi~, when not prohibited ~ law. piping, ineula~ion ol pi~e.
vessels and duc~s, pressure and process piping, and pne~ic
control piping; to disco~ec~ or reco~ec~ ~er virin9 and
voltage hea~ing, ventilating, and air condi~ionin9 control wirin9
on ~he load side si an exis~in9 electrical dieco~ec~ ~i~ch~ and
~o install a condensate drain Er~ ~ air condi~i~in9 ~i~ ~o an
exis~in9 sale waste or o~her a~r~ed die. esl o~her ~n a direc~
con~rac~or s~ll also include ~y excavation ~rk inciden~al
~here~o. ~ s~ll no~ include ~y ~rk ~ch as li~elled ~roleum
or natural 9as fuel lines within ~il~ngs, ~le ~er lines or
c~ec~ions ~here~o, s~i~a~ sewer lines,
fil~ers, or electrical ~r ~irin9 ~ ~he line side ol ~he
disco~ec~ ~i~ch.
-10-
Words ~ are added; ~ords struck through
deleted.
OCT 8
I
2
?
9
~0
~2
2!
22
23
24
26
27
29
3O
3!
32
33
34
~.~.2.$. C~aes a~r Conditioning Contractor requires
~hirty-six (3G} months experience as a licensed ~ourne2~An or
equivalent with a passing grade on a six (~) hour test and a
passing grade on a two (2) hour business and law test and means any
person whose service, are limited to twenty-five (25) tons of
cooling and five hundred thousand (500,000) BTU o£ heating in any
one ~ystem in the execution of contracts requiring the experience,
knowledge, and skill to install, maintain, repair, £abricate,
alter, extend, or design, when not prohibited by law, central air
conditioning, refrigeration, heating, and ventilating
including duct work in connection with a complete w~etem only to
the extent such duct work ia performed by the contractor as is
necessary to make complete an sir distribution ~fstembeing
installed under this claasificationl to install, maintain, repair,
fabricate, alter, extend, or design., when not prohibited by law,
piping and insulation of pipes, vessels, and ducts~ to disconnect
or reconnect power wiring and low voltage heating, ventilating, and
air conditioning control wiring on the load side of an existing
electrical disconnect switch; and to install a condensate drain
from an air conditioning unit to an existing safe waste or other
approved disposal other than a direct connection to a sanitary
~atem. The scope of work for such contractor shall also include
any excavation work incidental thereto, but shall not include any
work such as liquefied petroleum or natural gas fuel lines within
buildings, potable water lines or connections thereto, sanitary
sewer lines, swimming pool piping and filters, or electrical power
wiring on the line side of the disconnect switch.
1.6.2.$. Class CA ir Conditioning Contractor requires
twenty-four (24) month~ experience as a licensed Journeyman or
equivalent with a passing grade on a six (6) hour test and a
passing grade on a two (2) hour business and law test and means any
person whose business is limited to the servicing of air
conditioning, heating, or refrigeration systems, including duct
alterations in connection with those aystem~ he/she ia servicing.
-1X-
~orda ~ are added; worse at~ck Ch~ou~b ara
deleted.
OCT 2 8 1997
I X.~.2.$.X. ~ourneyman Air Conditioning License Holder
2 requires £our (4} years as apprentice, a passing grade on a six (~)
$ hour test, and means those qualified to perfom~ork in the Air
4 Conditioning Trade while employed or supervised by an air
~ conditioning or mechanical contractor. ~his ~rovision does not
6 a~lv to any individual who Chert holds a valid, active
? lJ~n the mechanical trade and that license ~as issued by any
$ Florida County or Florida ~t~niciDalitv when that licensee co~lied
9 ~ith all reciurocitv criteria of Section 489.1455.
l0 1.6.2.7. Commercial Pool/Spa Contractor requires
i! thix~cy-aix (36) months experience with a passing grade on a three
12 (3) hour teac and a passing grade on a two (2) hour business and
1~ law ~ea= and means any person whose scope of ~ork involves, but is
Ii not limited =o, the construction, repair, water treatment, and
~ servicing of any swimming pool or hoc Cub or spa, whether public,
~6 private, or otherwise, regardless of use. The scope of such ~ork
I? includes layout, excavation, operation of construction pumps for
la dewatering purposes, s=eel~ork, installation of light niches,
19 construction of floors, gunicing0 fiberglassing, installation of
20 ~ile and coping, installs=ion o~ river rock. Spray
2! ~eve=one~. and other subs=an=iallv similar tv~es ol deck coatinas
~ in contunction wi~h =he construction ot the deck. aoolication ot
23 MarciCe® or other similar Cymes of coaCinos Co the interior of the
21 pool. spa or other water structure, installation of all perimeter
2~ and fil=er piping, ins=alia=ion of all filter equipment and
26 chemical feeders of any =ype, plastering of the interior,
27 construc=ion of decks, construction of equipment roo~s or housing
2s for pool equipment, installation and/or construction of
29 ~ and ins=allation of package pool heaters. Hoverer,
3o the scope of such work does no= include direct connections to a
3! sanitary sewer system, potable water lines or to any electrical
32 ins=allation.
~ 1.~.2.S. Residential Pool/Spa Contractor requires
~ =wenty-four (24) months experience with a passing grade on a three
~ (3) hour test and a passing grade on a t~o 12) hour business and
-12-
Words MI~ are added; ~ords struck through
deleted.
OCT t 8
law ~ee~ and mea~s any person whose scope o£ work involves, b~ is
not limited to, the conetrvction, repairt water treatment~ and
servicing o~ any residential swiming pool or ho~ ~ o~
regardless o~ use. ~e ~c~ o~ ~ch ~rk includes la~,
excavation, ~ra~ion o~ c~s~c~ion ~s for de~a~e~in~
pu~ses, s~eel~rk, installation of ligh~ niches, c~s~c~i~
fl~s, ~ni~ing, ~i~lassing, installati~ o~ Cite ~d c~in~,
inscallacl~ of '' ........... · ~' .... '-~-- river rock. ~rav
coatLnas in c~d~cti~ wi~h the c~nt~c~i~ o~ ~he deck.
all ~il~er e~i~n~ ~d chemical feeder~ of any t~, plastering
o~ ~he in~erior, c~s~c~ion o~ dec~s~ ims~alla~i~ o~ h~sin~ ~or
~ ~d installation o~ package ~1 hea~ers, ~ver, ~he
sc~ o~ such work d~s no~ include direc~ c~ec~ions ~o a
sani~a~ sewer ~s~em~ ~le wa~er lines or ~o any elec~ical
ins~alla~ions.
1.~.2.~.1. ~on-~ecrea~ional Pond ~a~er~all
~on~rac~or re~ires ~w~n~v-~r ~24) mon~ e~riemce wi~h
nassino orade on a ~wo {2) hour ~sinass ~d law ~es~ amd ~ams
~rson whose sc~e o~ work is limited ~o ~he eoms~,~i~
~ecrea~io~al ~mds. wa~er~alls amd/or ~aims. ~ever.
scone of such work does not include direct eonnecti~s to
sani~a~ sewer ~s~em. ~able wa~er lines, or ~o ~v
installation. Con~rac~ors who hold a ~rren~ Co~lier C~n~v
R~s~ric~ed License or o~har similar mrior authorization ~ ~ha
~un~v ~or ~his classifica~ion on ~he effective da~e of
amendman~ are no~ re,ired ~o ~ass ~his ~es~. ~ ~s~ a~lv for
~his Ce~i~ica~e ~ursuan~ ~o Section no~ la~sr ~han ~ce~r ~1.
1997. ~e Con~rac~ors' Licensina Roard my ~n~ hardshi~
~o ~his ~es~ino re~ireman~ for each ~ch ~alified ~rac~or who
failed ~o ~ile his/her a~lica~ion ~ or ~ore ~ce~r ~1. 199~,
-X3-
#ox~s ~ are added; ~ord~ struck through are
deleted.
OCT 2 8 1997
! 1.6 · 2. !. Swimming Pool/Spa 8ervicing~,R~ Contractor
2 requires 24 months experience with a passing grade on a three {3)
~ hour ~est and a passing grade on a t~o (2} hour business and law
4 teat and means any person whose scope o~ ~ork
I servicino, repair, maintenance, or water ~rea~men~ o~ anv ~ublic or
9 orivate swimmino ~ool. hot tub or epa. and. sub, act to ~ection
l0 487.0437. F.$.. may include direct infusion of chlorine oas.
!! The scope of such work may include any necessary piping and
12 repairs, replacement and repair of existing equip~ent, or
13 installation of new additional equipment as necessary. The scope
14 of such work includes the reinstallation of tile and coping, repair
~ and replacemen~ of all piping, filter equipment, and chemical
16 feeders of any type, replastering, reconstruction of decks, and
!? reinatallation or addition of pool heaters.
la 1.~.2.~.l. Swimmina pool/S~a Servicina Contractor
!9 reouires twenty-four (24} months experience with a massina erode on
20 a ~wo (2~ hour business and law tes~ and means any ~erson whose
21 scc~e ol ~ork includes servicina or water treatment of any ~tblic
22 or nriva~e swimmino ~ool. hot tub or s~a. and. sub, act ~o Section
2~ ~?,~437. F.$.. may include direct in[usion o~ chlorine oas.
:24 1.~.2.10. Journeyman Plumber License ~older requires (4)
2~ years aa apprentice, a passing grade on a six 16) hour test, and
26 means those qualified to perform work in the plumbing trades while
27 employed or supervised by a plumbing contractor.
2~ ~Qes no~ aDD1V tO S~IV individual who then holds a valid, active
29 ~purnevman's license in the Dlumbino trade and that license was
~0 issued bv any Florida County or Florida ~unicinalitv when that
~1 licensee complied with ~!1 reciprocity criteria of
32 489.14~. F.S.
~] 1.~.2.11. Plumbing Contractor requires twenty-four
~4 months experience as a licensed Journeyman or equiv&lsnt with a
If passing grade on a six (6) hour teat and a passing grade on s two
-14-
Words ~ are added; words struck ~hrough
deleted.
OCT 8 1997
,,,.
I
2
3
7
9
I0
11
12
13
14
16
1'7
I$
19
2O
22
23
24
25
27
2l
29
3O
31
32
33
(2) hour business and law test and~eans any person whose
contracting business consists of the execution of contracts
requiring the experience, financial means, knowledge, a~d skill to
in. tall, ~aintain, repair, alter, ex. end, or when not prohibited
law. design plu~Bing. & plumbing contractor ~a¥ install, ~aintain,
repair, alter, ex, end. or, when hoc l~rohibitld M~f lay, deli9
follo~ing without obtainir~ an~&dditional local re~ulator~
license, csr~ificate, or regietrationt sanitar~ drainage or stor~
supply m¥lt~ mepCic tanks~ drainage a~d mApply vells~
pool pipingz irrigation eymtem~ or solar heating ~acer ~ystem~ and
all appurtenances, apparatus, or equipment used in connection
therewith, including Moilers and premmure procems piping and
including the installation of water, natural gas (excluding liquid
petroleum ga~ee), and storm and sanitary se~er linesz and water and
sewer plants and sub~tatione. The scope o~ ~ork o£ the plumbing
contractor also includes the demign, ~hen not prohibited by law,
and installation, maintenance, repair, alteration, or extensions of
air-piping, vacuum line piping, oxygen line piping, nitrous oxide
piping, and all related medical gas eyatem~; fire line standpipes
and ~ire sprinklers to ~he ex~en~ authorized by applicable law~ ink
and chemical line~; ~uel oil and gasoline piping, except bulk
~torage plante; and pneumatic control piping ~ystems, all in ~uch a
manner as to comply with all plans, specifications, codes,
and regulations applicable. The scope of ~ork of the plumbing
contractor ~hall apply to private proper~¥ and public property,
shall include any excavation ~ork incidental thereto, and shall
include the ~ork of the ~pecialt¥ plumbing contractor. Buch
contractor shall ~u~contract, with a qualified contractor in the
field concerned, all o~her ~ork incidental to the ~ork but which ia
specified herein as being the work of a trade other than Chat of a
plumbing contractor.
X.~.2.XX.X ~oux-~eyman Electrician requires four
years as an apprentice, a passing grade on a six (~) hour cast, and
means thoee persons qualified ~o perform work in the electrical
deleted.
-l$-
are added; word~ struck C~ough
OCT E 8 lg97
I trades while employed or supervised by an electrical contractor.
2 This ~rovieion does not aoolv to any individual who then holds
~ valid, active tournevman~e license in the electrical trade and that
4 license was issued by any Florida County or Florida ~unici~alitv
S when that licensee complied with all reciDrocitv criteria o~
6 Section 489.~5.
7 1.$.2.12. Electrical Contractor requiree twent¥-£our
S (24) monthe experience as a licensed Journeyman or equivalent with
9 a passing grade on a six (6) hour test and a palling fir·de on a
I0 (2) hour business and law test and mean· · person who conducte
II bus·nell in the electrical trade tield and who hal the experience,
12 knowledge, and skill to ina~a11, repair, alter, add to, or deeign,
13 in compliance with law, electrical wiring, £ixturee, applianoee,
14 apparatus, racewaye, conduit, or an~ par~ thereof, which
IS transmits, tr·nslorms, or utilizes electrical energy in any form,
16 including ~he electrical installatione and ~yetem~ within plante
17 and substations, all in compliance with applicable planl,
I~ apeciiica~iona, codes, laws, and regular·one. The term me·ne any
~9 person, lirm, or corpora~ion that engage· in the bu·iness
20 electrical con,racking under an expresl or implied contrac:~ or
21 tha~ under, ekes, otfera ~o undertake, purporte to have the capacity
~ to under,eke, or submits a bid to engage in the bueinels ol
23 electrical con~ractin~; or tha~ does i~ael£ or b~ or through others
24 engage in the business al electrical contracting. The term
2~ electrical con,rector does not qualiit en~ person, firm or
26 corporation for the installation of fire ·1·~ which requires a
27 separate a~a~e license.
28 1.$.3. Specialty Contractor me·ne any person who
29 assumes responsible charge and direction in the performance of
~0 cons=ruction work requiring spec·&1 skill·, and whose principle
3! contracting business involves the use of ~pecializedbuilding
32 trades and craft· ueu&lly a minor part of · complete structure.
3~ Available categoriee of Specialty ConCractors and their
~ requirements are:
-16-
Words ~ are added~ word~ struck through are
deleted.
OCT 8 1997
I
2
3
4
6
?
$
11
12
13
15
16
I?
21
2~
26
30
3!
32
33
1.6.3.1. Acoustical Contractor requirel twenty-£our (24)
months exl~erisnce with a palsing grade on a two (2) hour business
and law test and Mans any p~rson who is qualified ~o install,
maintain, repair, and alter acoustical ~atertals. The scope of
work permitted under this Clalsification shall include, but not be
limited to, the installation of ~rid work used to ~uppor~
acoustical panels, including luminous ceiling panels.
1.6.3.2. Aluminum Contractor Including Concrete requires
twenty*four (24) months experience with a passing grade on a three
(3) hour test and a passing grade on a two (2) hour business and
law test and means those who are qualified to fabricate, install,
maintain, repair, alter, or extend accessories ~uch as Mtal and
vinyl siding, awnings, security shutters, gutters, soffits and
prefabricated rooms and por~abls metal or vinyl pa~citione. These
contractors may form, place on grade reinforcing steel and
miscellaneous steel, and pour, place, and finish non-structural
concrete incidental to an aluminum accessory structure only, on
grade only.
1.6.3.3. Aluminum Contractor requires twenty-four (24)
~onths experience with a passing grade on a three (3) hour test and
a palming grade on & two (2) hour business and law reit and means
those who are qualified to fabricate, install, maintain, repair,
alter, or extend acceslories such as metal and vinyl siding,
awnings, security shutters, gutters, soffits and prefabricated
rooms, and portable metal or vinyl paz~citions.
1.6.3.4. A/arm S~stem Contractor requires twenty-four
(24) months experience with a passing grade on a three (3) hour
test and a passing grade on a two (2) hour bulinass and law test
and means a person whose business includes the exec~tio~ of
contracts requiring the ability, exi~rience, science, knowledge,
and skill to lay out, fabricate, install, maintain, alter, repair,
monitor, inspect, replace, or service alarm systems for
co~ensation.
words u~er~ are added; words struck through are
deleted.
! (a) ~az~ System Contractor ! mans an ala~ system
2 contractor whose business includes all types of alaz~ systems for
j ~s~en contractor whose ~siness includes a~ t~s o~
~ ~ste~ other th~ f~re, ~o~ a~
7 (c) ~a~ ~s~em~s ~7 electrical device
I c~i~iom o~ electrical ~evicea uae~ ~0 ~e~ec~ a ai~i~ ~hich
~ cauaea ~ ala~ in ~he even~ o~ a ~rgla~, ~ire, ~o~,_~ical
I0 e~gem~, o~ e~i~n~ ~ailure.
~ (d) ~u~glar ~a~ Con~ac~o~ ~a ~ elam ~a~em
12 con~ac~o~ ~hoae ~ainea~ ia limited ~o ~he in~alla~i~ o~
I~ ala~ in ~ingle-~amily h~e. and ~-~amil7 home~, ~ile
~4 an~ ~11 c~e~cial ~ildin~a having a a~are ~a~e
X.~.3.S. C~ine~ Xn~alla~ion Con~rac~or re~i~e~
~en~7-~our (2A) mon~ha e~erience wi~h pa~ing ~a~e on a ~vo (2)
hou~ ~sine~a ~d la~ ~ea~ and ~an~ an7 peraon ~ho
20 ex~end, and deai~ cabinets ~d mill~r~. ~e ac~ o~
2] wo~ ~hall include, bu~ no~ ~ limi~e~ ~0 kitchen
~ Ma~hr~m vani~iea, acce.~o~ ca~ine~L c~e~ ~a, o~ice
23 ~u~i~ure, and millvor~ i~em~ ~hich have ~em ~nu~ac~ure~ ~0~
24 installation om ~o~ ~i~e l~a~iona.
2J 1.~.3.6. Ca~ent~ Con~rac~or re~ire~ thirty-six (3~)
26 months e~erience with a passing grade on a =~ee (3) h= =es= and
27 a pasaing grade on a two (2) hour ~siness ~d law =es=
2~ ~hose who ~v~ =he ~led9e ~d skill ~o ins=all
29 ~ pr~uc=~ ~ including, ~= no= limited =o, rough
~0 framing, w~ j=~c=ural~~n~-I=~c~al
3~ =~sses, sheathing, p~eling, =rim, ~ ~d c~ine=~.
32 1.6.~.~. Garage d~rl Xns=alla~ion Con=rac~or re~ire.
3~ twelve (12) ~n~ e~erience with a palsing ~ade on a two (2)
~ hour ~lineas and law =es= and me~s ~7~rlon who il ~alified =o
3s ins=all. ~epair, adJus~ or ex=end garage d~rs.
-1S-
words M~ are added; words struck through
deleted.
ar~
1.g.3.~. ~om~rcia! Cookin~ gquipm~n~ ~xhaust ~ood
~r~allstion ~o~tractor m~ ~y ~rson who ~ssassas a va~id
~ice~e as ~r ~dici~in~ ~n~ra~or~ ~ass ~ or B~ a ~hee~
~etal Contractor~ or a ~ec~ical ~nc~acto~ ~d who ~s ~alified
co install e~us~ h~, duc~ ~k, ~eplace~nt a~, ~ust
~d ~ease ~ilCers. l~ ~y ~ which Is Co~ i~Called includes
a ~ire ~raeei~ ~em, ~he con~rac~or e~ll ~ ce~i~ied ~ ~he
~lori~ ~a~e Fire ~re~l'e o~ice.
l.~.~.~. ~e~e Fo~n~ and Placin~ ~rac~or
· e~iree ~hi~-~ ~3~ ~n~ e~rience ~i~h a paeein~ade on
~inee~ and la~ ~ee~ and mean~ ~hoee ~ho are ~ali~ied ~o Batch
and mix a~re~a~e~, cement, and water ~o a~ree~ e~ci~ica~ion~,
cons~c~ fo~s and frame~rk for the casting and shaping of
concre=e =o place misce11~e~s e~dded steel and ~o ~r, place,
~d finish concrete. ~s catego~ d~s no= include =he piss=sting
of =he ~nter~or of a p~l.
1.~.3.10. Concre=e Placing and Fin~sh~ng Con=factor
re~res =hit=y-six (36) ~n=hs e~rience wi=h a passing grade
a =hree (~) h~r ~ee= and a passin~ grade on a =~ (2) h~r
business and ~aw =est and means =hose who are ~alif~ed ~o ~ur
place ~d f~n~sh concre=e fla= ~rk (fl~rs, ~1~ on ~ade,
e~dewalks, e=c.) including placemen= of ~sh re~nforce~n=, ~lae~c
va~r ba~ers and edge fo~ ~nc~den=al ~here=o. ~s ca=ego~
does no= ~nclude =he plas=ering of the ~n=er~or of a ~1.
1.6.3.11. Concre=e Contractor (res=r~c=ed =o
pneu~=ically placed concre=e) re~res ~n=y-four (24)
e~r~ence w~th a passing grade on a ~ee {~) h~r ~es2 ~d
passing ~ade on a =wo (2) hour ~s~ne~s ~d law =eec
=hose who are ~alif~ed =o use ~d ~n=a~n presets
mix ~=erial ~d apply according ~o ~ilding c~es.
1.6.3.12. ~cora=~ve Ne=al ~=racCor re~res
twenty-four (24} ~nche e~r~ence with a passing ~ade ~ a
(2) h~r ~sinees ~d law Cesc ~d ~ C~oee who are ~alif~ed
=o fabricate and ~nscall decors=ire ~=ll f~uree~ such
-19-
Words ~ are added~ word~ struck through are
deleted.
OCT 2 8 1997
I should t~ decor&rive in nature and non-structural in function; the
2 material· used in the u~mufacturing and installation of said
3 product· may be of ferrous or non-ferrous nateriale.
4 1.6.3.13. Demolition or Wreckin9 Contractor requires
J thirty·six (36) months ex~erience with a pa·sin9 ~rade on · three
6 (3) hour test and a pa·sin9 ~rad· on · two (2) hour business and
7 law test and e~ans th·s· who are qualified to demolish structures
~ such as d~ellings, cc~aercial b~i~dings, and found·ti·ne and to
9 re~ove debris. The usa of blasting and explosives is not pernitted
]0 under this category.
l! 2.6.3.14. Dredging Contractor requires thiz~y*six (3~)
12 .w~tb experience with · passing gr·de on · three (3) hour test and
13 · passing grade on · two (2) hour business and law test and means
J4 any person who ia qualified to operate hydraulic dredging equipment
lJ which digs and removes material 1~/ Fump and which deposits the
J6 Fumped ~aterial at a fill location in one operation.
I? ~.6.3.~S. Drywall Contractor requires thirty-six (36)
IS months e~erience with a passing grade on a three (3) hour test and
19 a passing grade on a two (2) hour ~siness and law tes~ and
~0 those who ara qualified to install 9ypsum drywall products to wood
2! and metal scuds, wood and steel ~oists, and metal zamner· in
~ buildings of unlimited area and height. The ·cope of work shall
2~ include the preparation of the surface o~er which th· dry~all
24 product is to be applied, including the placing of Mtal stud· and
25 run~er· and all necessary dry~all preparation trim.
26 1. ~. 3.16. ~S~VED. '"' .~.~.~ z--- ~.~ --
32 '"..~;'.,-~.~,~.-',,. · ;._.~,.,, ,_ ~.,.~,~..._._.~.~.~..., , , .... _r ::~.~.~.1~ ---%-J '~-~.~.~Z~.Z.~.- ..-f *'~'
-20-
Words ~ are added; words struck through
deleted.
are
! 1.6.3.17. Epoxy Stone Contractor requires t~nty-£our
2 {24) ~n~ ~rlence wi~h a passing ~ad,
I ~sinsss ~ liw ~es~ ~d ~ ~hos~ v~ ire ~alilied to ~ch
4 ~d ~ ag~egaces, ~, ~ener~ ~d ~avel co
~ or co consC~cc ~o~ ~ ~r~rk for ~he casCi~
6 e~ ~d aggregate, or ~o ~, place ~
? base.
I 1.~.3.21. ~cava~lon ~n~rac~or re.ires ~hi~y-s~
9 (~) ~ e~rience ~ a passing ~a~
!0 an~ a passing ~ade on a ~ (2) h~r ~siness
~! ~s ~7 ~rs~ ~ is ~li~ie~ ~o ~cava~e ~o ~ain or
12 ~erials ~ch as r~k, ~avel ~ ~; ~0 ~~ ~ ~e
13 canals, lakes and levees, including ~he cleaning o~ l~d ol ~rface
~4 debris ~ vege~a~i~ as yell as ~he ~bing o~ r~s; ~ ~o
~5 rede debris ~ level surface 1~ incidental ~ necessa~
1~ ~here~o in c~liance vi~h all e~ir~n~al la~, ~he Building
~? C~e, ~d o~her a~lic~le c~es ~ re~la~i~s. Ninor
II excavations, such as f~ings, ~cklill vi~h~ c~a~i~, ~d
19 similar activities are exe~ bare.der.
~ N~: ~e use ol e~losives is no~ included in ~his ca~ego~.
2~ X.~.3.lg. ~ence Erection Con~rac~or re~ires
~ ~ven~y-lour (24) months e~erience and a passing ~ade ~ a ~ (2)
2~ hour business and law ~es~ and means any person vho
24 install, ~in~ain or repair ~encing or decorative prevaricated
2~ valle on grade.
26 l.g.3.20. Flor C~erings Xns~alla~ion Con~rac~or
~ re~ires ~en~y-~our (24) ~n~hs e~erience ~d a passing ~ade on
2l a ~vo (2) hour ~sineas ~d law ~es~ ~d
2~ ~alified ~o install ca~, shee~ vinyl
30 ca~e9o~ does no~ include, ~ile, ~rble, or ~e~aszo.
~1 1.~.3.2X. Oasoline Ta~ ~d ~ Con~rac~or re~ires
~2 fo~y-eigh~ (48) ~n~hs e~ience ~d a passing ~a~e ~ a ~ee
3~ (3) hour ~es~ ~d a ~ssing ~ade ~ a c~ (2) ~ ~iness ~d
~ law ~es~ and means ~hose v~ are ~alilie~ ~o i~all, ~in~ain,
3s repair, al~er, or ex~end ~y ~e ~ ~s~em used lot ~he
-21-
Words ~ ars added; words struck through
deleted.
are
1997
storing and dispensing of gasoline, kerossne, diessl oils and
similar liquid hydrocarbon fuels or mixtures (not to include
~ollutant storage).
1.6.3.22. Glass and Glazing Contractor requires
~wen~¥ofour (24) ~n~hs e~er~ence, a pass~n~ ~ade ~ a ~ee (~)
h~r ~s~ ~d a pass~n~ ~ade on a ~ (2) h~r ~sineee ~ law
~e~, ~d me~s ~hose who are ~ali[ied ~o select,
and install all ~kes ~d k~nds of glass ~d glass
exe~e ~he glazin~ [ra~s, p~els, sash ~d d~r ~d ~ld~ng
frames, o~a~en~al decorations, ~i~ors, t~, s~er enclosures,
~d ~rtable par~it~ons.
l. 6.3.23. Insulation Contractor.
a. ~11 ~es excep~ ~ld~n~s - re~ires
(3g) ~n~hs e~er~ence, a passing ~rade on a ~ee
and a passing grade on a ~wo (2) ho~r ~s[ness ~d law test, and
means ~hose who are ~alif~ed ~o ~ns~all, ~n~a~n,
or extend any ~nsulation pri~r~ly ~ns~alled ~o preven~ loss or
9a~n o~ hea~, fr~ in~al or tx~e~al s~rces ~ pi~s, vessels,
duc~s, f~re s~in9 ~er~als, or ~l~-up refrigerated ~es or
r~, ~d acoustical ~terials.
b. Buildings - re~ires ~wen=y-f~r {24) ~n~
e~er~ence, a passing ~ade on a three (~) h~r ~es= ~d a ~ (2)
hour ~siness ~d law =es=, and ~s ~se who are ~al~f~ed
ins=all, ~in=ain, repair, al~er, or e~end ~y
primarily ins=ailed =o prevent loss or gain o~ heat fr~ ~ or
~ild~ngs.
1.6.3.24. l~iga=ion ~ri~ler ~=rac=or re~ires
=wen=y-four (24) ~n=~ ~rience ~d a passing ~ade
(3) hour test ~d a passing ~ade on a c~ (2) ~ ~l~eSl ~d
law ~es= ~d ~ ~y ~rson who ts ~al~f~ed =o
~n=ain, repair, alter or extend all p~ping ~d ~ri~ler heads
used for i~ga=~on, ~ncluding ~y re~red co~ections
~ h~ever, such ~rk d~s no= include direct
pottle water lines.
-22-
Words ~ are added; words struck through
deleted.
ere
OCT 2 8 1997
j 2,,S.3.2S. Landscaping Con~raccor requires twelve (:12)
2 months experience ~d a passing grade on · ~wo (~) h~r
2 and law ~es~ ~d M~s ~ ~rson who ~s ~ali[~ed ~o ~ns~all
4 ~or rede ~reeo, o~s, s~, decora~ive s~e ~d/or r~ko,
s ~i~r ~d plan~ ~er~al8, whe~he~ or not ineiden~al ~o
~er l~ne. or ~o ~v elect[cai ~nt~alla~l~. WhiCh ~tgks
lO C~tractors ~v eofl~rac~ for ~lv r~al a~/or tri~in~ el trees
I1 Ind/or any o~her c~inmti~ ol th~ authorized
12 1.1.3.21. Li~elled Pe~role~ Oas Ins~allaCi~
13 Con~racCor ~ans any ~rfon ~ali~ied and licensed ~r~c
14 ~pcer 527, Flori~ S~a~uCeo, Co install a~araCus, piping and
IS C~g, and a~liancee ~d e~i~nc necessa~ ~or scoring
16 conve~ing lt~e~led petroleum gas in~o fla~ ~or light, ~a~, and
It ~er.
I~ l.~.J.27. Marine, Seawall, ~d ~k
I~ C~Craccor ~o thirty-six (3~) ~hs e~rience,
~ ~ade on a c~ee (3) hour ~eaC and a passing ~ade ~ a C~ (2)
21 h~r ~sineJs and law teac, and M~o ~hose who are ~ali~ied
~ ~ild ~d install ~l~ea~, revetments, d~ko, piers,
~ ~oins, ~a~h~seo, lii~s and davits. ~d Co do pile ~iving.
24 ~lec~rical se~ice and wirino ~s~ ~ ur~ided ~ a licensed
2~ electrical contractor.
26 1.6.3.28. ~son~ Con~raccor re~ires ~hi~y*six
2t ~nchs e~ertence, a passing ~ade on a t~ee (3) ~r teac and a
21 paesin~ grade on a C~ (2) hour ~sinees ~d law teac ~d Mans
~ ~hose who are ~alilied Co select, ~C, ~d lay brick ~ c~crece
~0 block or ~y ocher ~iC ueo~ pr~ucCe, lay ocher ~ed clay
31 9r~uccs, rough ~ ~d ~ees scone, a~ilicial scone ~d precas~
~2 blocks, glass brick or bl~k, ~c who ehll no~ ~r or ~inish
~ c~ncre~e.
-23-
#ords ~ are added; words struck through
deleted.
OCT 2 8 1997
9 ~.6.3.30. Painting Contractor requires twenty-four (24)
I0 months experience, a passing grade on a three (3) hour test and a
~1 passing grade on a two (2) hour business snd ~aw test ~nd means
12 those who are qualified to uss spraying equipment as well as hand
13 tools to finish both exterior and interior work. A painting
14 contractor may do paperhanging, sandblasting, waterproofing, and
I~ may clean and paint roofs.
I~ 1.6.3.31. Paving Contractor ¢commercial or unlimited)
I? requires thirty-six {35) months experience, a passing grade on a
I~ three (3) hour test and a passing grade on a two {2) hour business
~9 and law test, and means those who are qualified with the experience
20 and skill to construct roads, airport runways and aprons, parking
2! lots, sidewalks, curbs and gutters, storm drainage facilities, and
~ to perform the excavating, clearing, and grading incidental
~ thereto.
24 1.6.3.32. Plastering and Stucco Contractor requires
2s th~rty-six (36) months experience, a pessing gTsde on a three (3)
26 hour test and a passing grade on a two (2) hour business and law
27 test, and means those who are qualified to coat surfaces with a
2s mixture of sand or other aggregate gypsum plaster, Portland cement
~ or quicklime and water, or any comb£nat~on of such materials such
~0 as to create a permanent surface coating, ~ncluding lath~ng and
~ dzTwall. This category does not ~nclude the plastering of the
32 interior of a pool.
33 1.6.3.33. Pollutant Storags Contractor means a
~ contractor who installs a pollutant storage tank. Said contractor
-24-
Words ~ are added~ words struck through
deleted.
are
I muaC have a B~er.e Pollutant Storage License. A ~C7
2 of ~en~ ia no~ avail~le ~o~ ~hie cace~o~.
3 X.S.3.34. Reinforced S~eel ~ra~ re~iree
~ ~hA~y*sAx (2S) ~n~h. e~rAence, a passing ~ade ~ a ~ee (3)
S h~r ~es~ ~d a passing ~a~e on a ~vo (2) ~r ~.Anes. ~ lay
6 ~es~, ~d M~ C~se ~ are ~ali~ie~ Co ~Ficace, place, ~
~ cie s~eel reinforcing hfs (r~) o~ ~ pro~/le, ~riM~er, ~
S croos-secCi~, ~h~ are or my h used ~o reinforce ~e~e
9 ~Al~inge ~ sc~ccuree iff such a m~er C~C, ~der all a~eed
l0 ~c~cacA~s, steel reinforci~ bars (r~) for c~cre~e
11 ~il~ngs ~ oc~c~ea c~ ~ ~ricace~, placed, ~ tied.
12 X.6.3.35. R~ Coa~in9, ~ PainCAng, ~d ~
13 Cleaning ~craccor re~ires Cven~y-~r (24) ~ncb ~rAence, a
14 passing grade~ ~ a c~ (2) ~our ~sinese ~ law teaC, ~ M~
15 any ~raon who is ~ali~ied ~o cleap, paine or coaC a r~f ~
16 o~ pressure-~eraCed e~i~enc, ~nd application or o~he~iee.
17 ~As cace9o~ ~s no~ include r~ repair.
IS X.6.3.36. S~las~in9 ~n~racCor re~ireo ~wenCy*~our
19 (24) ~nchs e~erience, a passing ~ade on a c~ (2) ~r
20 and law ~es~, an~ means ~ ~rson who ia ~ali~ied Co ~race a
21 san~lasCin9 ~chine.
~ 1.6.3.37. Sa~elliCe Dish Xns~alla~i~
~ re~ires ~wenCy-~our (24) ~nChs ~rience, a passing ~ade on a
~ ~wo (2) h~r ~uoiness ~d law Ces~ ~d m~s any ~rs~ v~ As
2S ~ali~Aed Co e~ecc, install, uincain, repair, alter o~ deai~,
26 where no~ prohibited ~ law, any satellite dish pr~ide~ all
~7 As per~ome~ in accord~ce wASh a~lic~le ~llieF C~cM oF
2S o~ ~aples Ordinances. ~ inacalla~i~ Anclu~es a c~eCe bee,
29 the base e~ll ~ limited in size Co c~ ~ic ~ o~ c~cFece.
30 1.S.3.38. S~aling ~d S~riping ~nC~ac~or re~ires
2J cvency*i~r (24) ~n~ e~rience, a ~ssing ~ade ~ a C~
12 h~ ~oiness ~d law ces~, ~d M~s ~hoee who are ~ali~ied vi~h
~2 the e~rience ~ skill Co seal or ecri~ ~iv~aye, perking
~ sidewalks, ~d patios.
-2S-
words LL~ are added; words struck tkrough are
deleted.
OCT 2 8 1997
~ .-. -~ .............. .~ : ........... W,.::: ..................... . ~ --,
:~-.: .........................
--~ -- ........... · ~--- -- -J ...... ~0-: ........................ r
2.6.3.40. Non-Electrical Bi~ ~rac~or
~wen~-[~r (24) ~ e~r~ence, a pass,fig ~ade ~ a Z~ (2~
hour ~s~ness and law ~e.~, and M~s an~ ~r. on who
to erect, ~ns~all, repair, alter, ex~end or change ~
electrical s[~, prodded all work is perfo~ed ~n accordance w~h
appl$c~le Collier Co~ and C~t~ o~ ~aples ordinates.
catego~ d~s not include the cons~c~i~ o~ free-st~ding
s~c~ural
2.6.3.4~. Electrical Si~ Con~ractor re~ires
twenty-four (24) months e~er~ence, a passing ~ade on a ~ee (3)
hovr ~es~ and a passing grade on a ~wo (2) hour ~s~ness and law
~es~, and means any person who ~s ~al$f~ed ~o ~ns~all, repair,
al~er, manufacture, add ~o, or change any electrical wires,
apparatus, raceways, condui~ or any pa~ ~hereof on elec~rical
si~s and is ~ali[~ed to erect si~s. ~ch contractor
con,race for, and cake ou~ building pe~$~s ~or ~he erec~$0n
si~s. ~e elec~rica~ se~lce ~d wiring ~r~ the elec~rical
se~ce ~o the s~ d~sco~ect ~s~ ~ supplied ~ a licensed
electrical con~rac~or.
~.~.3.42. ~lar Hea~er Installation C~trac~o= re~ires
=wency-four (24} ~n~ha e~rience, a paasin~ ~ade on a =~ee (3)
h~r test ~d a pal~ing ~ade on a t~ (2) hour ~.ines~ ~d law
=esc, and ~ =hose who have the ~owledge ~o install, al~er,
repair, or replace any solar ho~ water hea~ing eye,em Eor
-26-
Word. ~ are added; vorc~ m~r~ck through
deleted.
are
I 00T28 1997
!
2
?
9
]3
~?
19
2!
22
23
24
2~
26
29
30
residencIs or for rssidsntill swi~nin9 pools, including collectors,
ltOrlge ud ~lnlion ~, hem~ ~xc~gers, piping,
p2~ing st~-~ts ~d e2ectrica2 disc~ects.
1.~.3.43. St~ctural Stee~ Erecti~ ~tractor re~ires
thi~y-six (3SI ~nt~ e~rience, a ~ssl~ ~tde ~ a t~ee (3)
h~r test ~d a pass~ng ~ade ~ a t~ (2) ~r ~miness ~d
sha~s ~d pla~eo, including ~ch minoF field f~lca~l~
necelsa~, o~ an~ p~o~ile, ~FiM~eF Or cFoal-lec~l~,
~he eFec~ion o~ c~ica~i~ C~rl, Anclu~i~.~ rive~ing, weldin9
an~ Figgin9, onl~ in c~ec~i~ ~her~i~h
1.6.3.44. S~c~uro ~in9 cinimac%or means ~Flonl who
are re~iFed ~o ~ general, ~ildimg or resAden~Aal
and who are ~ali~ie~ ~o li~ ~ oe~re s~c~ures an~
said s~c~ures fF~ ~e si~e ~o ~o~her, whe~he~ o~
~ranl~ il acrooa p~lic Fish, including che pF~F
l~c~el a~ a new location.
1.6.3.45. Tile ~ ~rble X~alla~i~
Fe~iFes ~n~y-~our (24) ~n~hl e~Fience, a ~ssing ~ade ~ a
~ee (3) ~r ~es~ and a passing ~ade on a ~ (2) ~F ~oiness
~ law ~es~, ~d Mans ~hose ~rsons who are ~ali~Aed ~o se~ ~ile
1.6.3.46. Tile, ~rble ~ Te~azzo Xnl~alla~ion
~ade ~ a ~ee (3) ~r ~es~ ~ a pissing ~ade ~ a ~ (2)
h~r ~ineso ~d law ~es~, ~ M~ ~oe ~ro~ ~ are
~ le~ ~ile ~ M~le.
re~iFes ~o~y-eigh~ (48) ~b ~rience, a ~ll~g ~de on a
~ee (3) ~F ~eo~ ~ a ~ssing ~ade on a ~ (2) h~F ~siness
~ law ~es~, ~ M~n C~FactoFS ~OOe le~icel a~e
~he c~cci~, ins~alla~i~, F~iF, ~ ~lic Or pFiva~e
-27-
#orde ~ are added; ~orde struck through
deleted.
I property, o£ aais sanitary ·ewer collection systems, main water
2 distribution systems, and storm ·ewer collection systems, and the
3 continuation of utility lines from the main systems to a point of
termination up Co ant including the meter location for the
$ individual occxrpancy, smmr collection systsvm at propez~y line on
residential or ·ingl·-occup~ncy co.~nercial prop·hie·, or on
? multi-occupancy prol~nie· ·t .mnhole or '~ye' lateral ex~ended to
an i~ven elevation a· engineered to accommodate future building
·ewers, ~ater distribution syst~sm, or stozl ~r collection
io systm at storm ·~mr structure·. ~n undergrcmnd utility
¢o~trmc~or ·hall not install any piping thaC l· an integral pan
12 · fire protection systmn, as defined in ~ction ~11.021(?), Florida
StatUe·l, b~ginning ac the point vhere the piping is used
14 exclusively for such system.
['7 ---J .... · ..... J ..... ~ ~= .... ~-"-~ ...... q-'' ' ..... J
21 1.4.3.4l~. Tree Ren~val and Trimming Contractor requires
24 tv·lye {~2} months exp~rience with a passing grade on a two
2~ hour business and law test and means those who are qualified to
26 trim and remove trees and e~umps. -' - ' '
33 -,· _._~ · ...... J
-28-
Words ~ are added; vord· struck through
deleted.
are
OCT 2 8 1997{
I
4 2.C.4. Contractor Licensing Supervisor means the
j individual who oversees contractor licensing and its investigations
6 ~ complaints regarding licensed contractors in Collier
? county, Florida. This individual hold~ office in the ~
of the
......... , ildina Review and Permi~ina De~axmment
................. '- Community Development ~1~
~lyj~Vc~l~l~l~lJ~ervicel DiviliOn of Collier County Governe~nt.
X.C.5. __~2__.lo~ee ~eans any person who vorkl for and is
12
14
16
i?
2O
21
22
23
24
26
2?
29
30
31
32
33
under the m~ervision and control o! a licensee, provided that said
employee does not hold himself out for hire or en~age in
con,racking excep~ as ~ e~l~ee. For ~he ~ses o~ ~his
~di~nce, i~icia o[ ~ e~l~nC relationship e~ll include the
e~l~er's re~lar pa~en~ o~ ~ages and c~nsa~i~, F.X.C.~.
deductions, t~ wit~olding and pr~isi~ of ~orkers' ~nsa~ion
co the e~l~ee ~ the e~l~er, all as prescri~d ~ law. X.6.6. Person ~ans a hu~ ~ing or a legal
organization.
1.6.7. .Contraccing' mea~s, except as exempced in this
par~, engaging in business as a contractor and includes, but is hOC
limiced =o, performance of any of che aces al aec forth in
subsection (~) which define c~s of c~Craccors. ~e aCCe~Ced
sale of concraccing ae~ices ~d the nego=iacion or bid tot a
concracc on chess se~ices also conlcicu=es concracCing. II the
se~icee offered re.ire liceneure or agenc ~alifica~ion, =he
of[sting, negociacion for a bid, or acne.ced isle of ~heee
ee~ices re~ires the co~es~nding licen~re. H~ever, the
· concraccins' ~11 not ex=end =o an individual, pa~ner~hip,
co.ration, C~sc, or other legal entity C~ offers Co sell or
~elll c~le~ed residences on pr~e~y ~ which ~he individual or
~sinels enti~2 ~s any legal or e~i~le in~erelC, if the
se~icea o~ a ~ali~ie~ c~rac~or ce~i~ied or re~ia~ered~r~u~
#ord. ~ aze added~
deleted.
-29-
words struck through
OCT 8 lg97
2 for the purpose of constructing such residences.
3 L.6.8. "Business organization' means any par~nership,
4 corporation, business trust, Joint venture, or other legal entity
~ which engages or offers to engage in the business of contracting or
6 acts es · contractor as defined in this section.
7 1.6.9. "Financially responsible officer' means & person
s other than the primary qualifyin~ agent who vtth the approval o£
9 the board aasu~es personal responsibility for ell financial aspects
!0 of the business organization.
Il 1.6.10. 'Primary qualifying agent' means a peraonwho
il possesses the requisite skill, knowledge, and experience, and has
II the responsibility, to supervise, direct, manage, and control the
Ii contracting activities of the business organization with which he
15 is connected~ who has the responsibility to supervise, direct,
16 manage, and control construction activities on a Job for which he
17 has obtained the building permit~ and whose technical and personal
Il qualifications have been determined by investigation end
19 examination as provided in this part, aa attested by the
~0 department.
21 1.6.11. "Secondary qualifying agent' means · person who
22 possesses the requisite skill, knowledge, and experience, and has
2~ the responsibility to supervise, direct, manage, and control
24 construction activities on a Job Eot which he has obtained a
2~ permit, and whose technical and personal qualifications have been
26 determined by investigation and examination as provided in this
27 part, as a~tested by the department.
21 1.7. ~top-Work Orders.
29 Iff it should become known to the Contractor Licensing
30 Supervisor tha~ a construction project and/or contracting in
~I Collier County or the City oi Naples ia being undertaken by
~2 uncertified or nonexempt persons, the Contractor Licensin9
~ Supervisor, or his/her designee, shall place a atop-~ork order on
~ the relevant portion of said pro, act until such time aa a certified
iS contractor assumes supervision of the conatructionpro~ect. Any
-30-
Words ~ are added~ ~orde struck through
deleted.
are
uncsrtifisd and nonexempt person resuming construction prior to the
removal ol the stop°work order by the Contractor Licensing
Supervisor shall be in viol&tion of this Ordinance.
1. l. ~xperienee le~tirea~ts.
As a prerequisite to, and as a requirement for, the
issuance ots Collier County/City of l~aples Certificate of
Competency, an applicant shall submit satisfactorM evidence o£
experience in the trade for which he/she desires cex~cification.
a. Contractors' experience shall be in that particular
trade, with at least one (X) year of said experience being as a
supervisor.
b. Naetere' experience shall be as ~ourneymen.
c. ~ourneymen's experience shall be as apprentices or
trainees, havana comoleted an a~orenticeshi~ ~rooram reais~ered
wi~h ~he ~e~ar~men~ o~ ~abor and Emolov~ent Security and
d~monstrates 4 years verifiable ~ractical experience in ~hose
particular ~radas. or demonstrates ~ years veritiabla ~rac~ical
ex~erience in those ~ar~icular trades, except aa may be authorized
by ,-~l~e apprentice programs approved, __ -
~ by the Bureau oi ~pprenticeship, Division ol
Employment and Trainin9 of the Department of X~bor and Employment
incorporated by reference aa the required apprentice experiencc.
X.S.1. To determine if the applicant possesses the
experience required by this Ordinance, the Contractor Licensing
Board Supervisor or his/her designee shall consider the following
forms of proof of experience:
a. A~idavits from former employers with specifics
as ~o the number of years of experience, ~ork performed and any
other relevant information;
b. Copies of other cex~cificates of competency, if
any, held by the applicant in other counties or ci~iesr
c. Ailidavita from any tmildin~ director in
locations ~here the applicant has worked;
-31-
words ~ are added~ words struck through
deleted.
NO. ~
OCT 8
! d. Affidavits from any union organization o£ which
2 the applicant has b~en · n~bnr rslating to the trade for which the
3 applicant has mdc application:
4 s. Aft·davits fro~ any other .ource within the
J trade ·pplied for.
t 1.1.2. Education at an accredited school ~ay be
~ presented to satisfy a pon·on el the experience requiremnts o!
! this Section. ~p~cifically0 each full year of scbool-l~vel work in
9 the tr·de for which ·pplic·tion is ads shall be mditd to the
l0 ·pplicant as .?S years ~xp~risnce, but such credit shall be £or no
Iq note than one-hall o! the total experience required by this
12 Ordinance.
13 ~ TWOs CEKTIFICATE~ O~ C'OKF~I'~I~ - ~.
14 2.1. Applications -
II 2.1.1. Any person or business organization desiring to
16 obtain · Certi£icste of Competency shall make spplic·tion under
17 oath for such Cer~ificate and shall sub, it such information as is
Il required by this Ordinance.
19 2.1.2. Should the applicant be · business organization,
20 the application shall be executed by · legally authorized and
21 empowered representative of business organization who shall
2~ his authority to so act on =he application. In addition, the
2.t application shall name a qu&lifying agent authorized to act on
24 behalf of the firm in ·11 subsequent proceedings, sho~ing his
2J &uthority:
26 a. To act for the firm in ·11 matters and in any
27 manner connected with the contracting business: and
2; b. To supervise the construction under the
29 Certificate of Competency issued to the applicant.
30 2.1.3. A qualifying agent may qualify no nors than one
31 firm, practicing the same trade, without prior approval of the
32 Contractors' Licensing Board, end in no event more than two firms
33 at the same time.
~4 2.1.%. No application shall be considered unl·ss the
3J applicant supplies ·11 information as required by this Ordinance.
-32-
#erda ~ are added: words struck through
deleted.
OCT 8
2.1.S. The Board of ~t¥ Coe~issio~era shall
establish and adopt, ~ ~soluti~, a schedule o~ ~ees ~d c~es
Ieee ~d o~her c~es, ~ a~lic~le, ~rCa~n~n~ Co Chis
~di~ce. Ic ~ ~he ~ncen~ o~ Chess re~laciona C~
s~ll no~ ~ re.ired ~o ~ar ~y ~ of ~he coe~ of
~de ~der ~h~s ~d~n~ce. ~e schedule o[ Eels a~d c~r~es
~ ~lced ~n Che office of the ;=;; ...............
~v;1;~ ~---~i;;~ -:-:~' Building Review and pe~i~tina
~ of ~he C~i=y ~vel~en= and ~vir~n~al
Diviai~ of Collier ~=y ~ve~n= and ~he Ci~y of Naples
Buildi~ ~d ~in9 Diviei~, ~d ~he resolu~i~ e~liehing
fees s~11 ~ ~ [ile with the Ci=y of Naplee ~erk ~d ~ ~erk
=o =he Board. ~e schedule of fees and c~rgee my ~
iccor~ce with it~rd reloluCioR ad~ti~ and
pr~e~rel of =~ Board of ~Cy ~lli~erl ~d r~al or
a~n~C of =he schedule i~11 noc ~ ~Jec~ Co Che p~edure
oChe~le necella~ [or amen~n= of Chis ~di~ce. ~en~ fees
and c~es are sec Eorch in Relolu~ No. 87-10~ ~d i~ll re. in
in e[~ect ~c~l said ~elolucion is a~nded or lu~rleded.
2.2. · C~trac~or A~l~ca~ - ~div~d~l.
~ ~rlon desiring a Cercificace of C~Cen~ i~11
che fo11~ing info~aci~ on fo~ pr~ided ~ ~he Collier
ConCraccor L~cenling Su~isor:
2.2.1. Name o[ a~lic~C, ~e of birch,
Se~riCy nu~r and driver's license nu~r;
2.2.2. H~e ad~ell ~d celep~e
2.2.3. Business a~ll ~d ~elep~ne n~r. A
c~CracCor il re~ired =o ~in=a~ ~ office ~n ~11~er ~Cy or
~ve ~ agent in Collier ~=y for ~lel of receiving no=~cel
pursuant =o =hal ~di~ce.
2.2.4. Nam~ oE a~l~c~C's
2.2.S. ~lic~='s pr~led con=tlc=lng
2.2.6. If a~lic~le, verifica=~on =~C a~l~c~
pro. fly regil=ered ~er ~he ficci~i~ ~
-33-
words ~ are added~ word~ struck through
deleted.
are
OCT 8 1997
2.2.7. TFpa of Certificate of Competency for vhich
&pplication is being made;
2.2.1. A cc~plete list of ill ouCstlnding debts related
to the applic~nt'a contracting business vhich the applicant h~a not
2.2.~. ~lmea &nd telephone mmbegl o~ C~ ~rl~l v~
~al tu~itude ~
the past ten yea~s~
2.2.12. ~7 fo~l training in the area of ~Cen~
for vhich a~licac~on ~e ~de~
2.2.~3. In addition co the afore~n~oned info~ci~,
the a~licanc shall at~ach or a~C the foll~ing info~Lon:
a. A credit re~rc c~iled ~ a naCi~ally
~ec~zed c~ed~t a~en~ that reflect, the ~n~cia~ res~nsibility
of the applicant~
b. Affidavits as to the applicant's honesty,
integrity, ~d business reputation and c~etence ~n the trade
catego~ for which application for a Collier C~ty/Clty of Naples
Certificate o~ Co~e~en~ has ~en ~de. Said a~fidavits shall be
in s~stantially the fo~ issued ~ the Collier Cowry ~ntractor
~icensfng SupeNisor or his/her desf~ee;
c. Scores on the e~mi~Ct~ a~llc~le Co the
license applied for, including the ~ea of c~~ ~es~ed, the
date o~ CelCing ~d ~he place o~ ~ei~ing. Said ~cion shall
have ~en a~iniJCered ~ a testing agen~ rec~ized ~d a~coved
c~oughouc the SCa~e of Flori~ as pr~ided tot in Section 2.~ o~
this O~din~ce.
2.3. C~C~acto~ ~lA~aCi~ - ~s~ess ~sa~i~.
X~ the applican~ p~ees Co engago in contracting aa a
partnership, co.ration, ~aineae ~s~, o~ o~he~ legal entity,
-34-
Word~ ~ are added; words struck through
deleted.
AGE.N ~D/~EJiI,x ~
No. ~.,_,~
OCT 8
~he applican= shall apply ~hrough & qu&l~fying agen= and comply
wi~h all requiren~n~e and rns~sibili~i~s contained ~n ~c~ions
~y~siness organization desiring a Ce~itica~e o~ C~ecen~
in ~llier ~y shall s~i~ ~he
pz~i~ed~ ~he ~llie~ ~2 C~ac~ ~ieensin~ ~iso~.
~.~.X. ~usiness o~iza~i~
~.~.~. ~usiness a~ess
~siness organization ~s~ ~ve an o~ice in Collie~ ~y o~ have
an a~en~ in Collier C~y ~or ~ses o~ receivin~ no~icen
pursuan~ ~o ~his Ordinance.
2.~.~. ~ali~yin~ a~en~
~.~.S. ~ o~ Certificate o~ C~en~ ~o~ ~hich
application is
~.~.~. Namen ~d ad~esnes o~ all pa~ne~s, directors
and o~icers~
~.3.?. ~ere a~lic~le, a
inco~ora~ion or p~ o~ recorded ~ic~i~i~s
2.~.~. A lis~ o~ all
~he ~siness organization durin~ ~he las~ ~ive yea~s~
credi~ a~en~ i~ ~he ~siness or~i%a~ion ~s ~en in e~s~ence
for ~re ~ one (1} year.
in existence ~or less ~ one {X) year. a eredi~ ~ ~ ~e~
~siness or~ani~a~ion in which ~he ~lican~/~ali~ier ~s ~ a~en~
is re~ired. X~ neither o~ ~he ~e
credi~ ~e~ ~ ~he a~lic~/~ali~ie~ is ~e~ired.
2.~.10. A c~le~e lis~ ~ all ~s~ ~s rela~ed
~niness ordination ~as ~ paid ~ re~uses ~ ~y ~ a
-3S*
wox~. ]A12d~-rli~d a~e added; woF4o et~:k ~.h~h
delete~.
OCT 8 1997
!
2
4
10
14
i?
19
20
21
24
~0
a. The name of the qualifying agent and date of birth;
b. The name of the business organization to be
qualified;
c. Type of Cer~ificate of Competency for which
application ia nade~
d. The home address of the qualifying agent~
e. The names and telephone numbers of Cwo persons who
will always know the qualifying agent's whereabouts~
Scores on any approved examination~ including the
· rea of coe~etenc~ tested, the date of ts·ting and
the place of teating~
g. Affidavits ae to the qualifier'a honesty° integri~y,
good business reputation and competence in the trade
category for which application for a Collier
County/City of Naples Certificate of Competency has
l~een ~ade;
h. A statement whether the qualify~ng ·gent has
ever been convicted of · crime related to
contracting and any crime of moral turoi~ud-;
i. A complete list of all outstanding debts related to
the qualifying agent's contract£ng business which
the qualifying agent has not pa~d or refu·ee to pay
and a statement of the re·sons for nonpayment;
A statement of the qualifying agent's business and
work experience during the previous five ye·re;
A statement of any formal training possessed by the
qual~fy£ng agent ~n the trade category for which
application ia made for · comt~etency card~
Proof that the qualifying agent ia legally qualified
to act for the business organization in all matters
connected with its con~rac~ing business and that
said qualifying agent has the authority to supervise
conetruc~ion undertaken by such business
organization, l~'oof that a qual~fying agent ~e
-36-
Words ~ are added~ words struck through
deleted.
OCT 8 1997
2O
I legally quali~ied to act for the business
2 organization ~ncludes. but is not ~imited to,
2 authority to sign checks for the business
4 organization, training and supervision of employees,
5 hiring and firing of employees or other actions
6 indicating active involve~ent in the business
7 organization.
S 2.4. ~aster or ~ourneyuan Applications.
9 a. The name of the applicant and date of bir~h;
10 b. Hcee address and telephone number;
II c. Business address and telephone number;
12 d. Type of Certificate of ~tency for which
13 application is being made;
14 e. The names and telephone numbers of two persons who
IS will always know the applicant's whereabouts;
16 f. Scores on any approved examination, including the
!? area of cc~petenc~ tested, the date o£ testing and
18 the place of testing. Prior to taking the tests
19 required bM this Ordinance, an applicant must
provide verification that he or she has complied
21 with the experience requirements.
22 g. A statement of the applicant's business or work
:23 experience during the past ten years;
24 h. A statement of any formal training in the trade
2~ categories for which application is made for a
26 competenc~ card.
27 2.5. 8taadard~ £or ~he Xsfu&uce or Denial of · Certificate o£
28 Competency.
29 2. S. X. C~n~actors.
~0 The Contractor Licensing Supervisor or his/her designee,
31 shall issue a Certificate of Competency to the applicant if it
~2 appears, on the face of the application, as ~ub~itted h,f the
J~ applicant, that:
~ a. The application ie cc~plete in accordance with
3~ the requirements of this Ordinance~
Words ~ are added; w~rds struck through
deleted.
·re
OCT 2 8 lc J7
I b. The applicant possesses the experience required
2 b7 Sections 1.$ and 1.8 of this Ordinance;
J c. The credit report submitted indicates no facts
4 and circumstances which sho~ a failure to pay
J contracting related bills promptly;
~ d. The applicant or qualifier meete the
v requirements for financial responsibility set
I fox'ch in Rules 61G4-15.005 and
9 Florida Administrative Code, es they may be
10 amended from time to timet
!! e. The applicant meets one of the following
12 criteria=
I~ l) The applicant has taken and passed an
I~ examination approved and recognized throughout
lJ the State o£ Florida, as provided for in
1~ Section 2.6 o~ ~his Ordinance, for the area of
I? competent7 for which application has been
I~ made, or
I~ 2) The applican~ meets all licensing
20 requirements provided for b7 this Ordinance.
21 ~. ~11 required affidavits have been
~ g. Ail required fees have been paid;
~ h. The applicant possesses a current Collier
~ County occvpational license~ and
~ i. The applicant or the qual~fTing agent is
26 least 18 ~ears of age.
27 2.$.2. ~eferral o£ApplAcatio= to Contractors, Licensing
2~ Board for Decielo~.
~ If it does not appear on the face of the application that
~ ~he applicann has complied with the requirements of this Ordinance
31 so as ~o be eligible for a Cex~ificate of CompetencT, then the
]2 Contractor Licensing Supervisor shall refer the application to the
33 Contractors, Licensing Board for a decision regarding approval or
~ denial of the application.
-38-
Words ~ are added; ~ords struck through are
deleted.
I OCT: 8 1997
2.$.:~. ~l~en an applica~ion is re~erred ~o I:he
¢on~raccors' I. icensing ~oa~. ~h~ ~oard s~ ~nk~ ~es~i~ny
~he a~lican~ and shall c~sider o~her relev~ evidence regarding
~he~her ~he a~lica~i~ ~e~n ~he re~ire~s o~ ~hin ~din~ce.
~ ~e evidence presented ~ ~he a~lic~ ~d ~he ~rac~or
~icensing ~lsor, t~ ~ract~s' ~lc~in~ ~ s~ll
de~e~ine ~he~her ~he a~lic~ is ~lilied ~ ~lilied ~or ~he
~rade in which a~lica~i~ ~s ~en ~. ~lndin~e o~ ~ac~ ~d
a~lica~i~ s~ll ~ ~ ~ ~ ~ra~ors' ~ce~ B~rd.
Board ~v c~nAder ~he a~li,am~'m rel~an~ recen~ ~rAem~e
~he ~cific ~rade and based u~n ~ch e~ience mv ~ivn ~es~ino
re~ir~nts ii c~vinced t~ the a~lican~ is ~nlified ~
e~rience where~ such c~en~ ~e~ino w~ld ~
2.S.I.X. l~ ~he Con~rac~ors' Lice~in~ Roard
de,cruises ~ an a~lican~ is ~ali~ied for a pa~t~lar
Ce~i~ica~e o[ C~e~en~, a c~en~ card shall ~ issued ~ ~he
Con~rac~or ~icensin9 Supe~isor or his/her desires.
Xn addition ~o ~he ~ore~oin9 retirements, each a~lican~
shall au~i~ ~he ~oll~in9 in~o~ion aa a prere~iai~e ~o ~he
issuance o~ a Collier Coun~ c~en~ card:
2.S.A.1. ~e a~lic~'a a~a~e registration nu~er
or a s~a~emen~ ~ha~ ~he a~lic~ ~a mdc a~lica~i~ ~or a a~a~e
registration nu~r (anyone no~ re~ired ~ have a
registration nu~er ~ ~ap~er 4~9. Florida ~a~u~ea. ia exerted
~rom ~hia S~sec~ion~ ~
2.5.4.2. ~e a~lic~s' individual or ~siness
organiz~tion'a ~lted Sta~es In~emal Revenue T~
2.~.i.3. Pr~i o[ insurmce ~s re~ired ~ Section
2.8 of chis ~dt~ce/
2.5.4,4. A sCaCemen~ C~ ~he a~lic~ ~s or will
c~l~ ~i~h all ~orkera' C~naa~ion laws o~ ~he ~a~e o~ Florida
prior ~o con, racking in ~he Cit~ o~ Naplee ~d in Collier
-39-
Word~ ~ are added~ ~ord~ struck through
deleted.
~e
OOT 2 8 1997
4/
! 2.S.4.S. Where applicable, a statement that the
2 applicant has registered hie £LcCitioue name rich the Florida
3 Department of State, Fictitious Nan~ Filing Section, as required by
4 Section 855.09, Florida Statutes;
5 2.5.4.$. When a Certificate of Competency ie issued
6 in the name of a business organization, the certificate Ihall be in
7 the na~e of the business organization and the name of the
I qualifying agent shall be noted thereon. The requirements of this
9 Section shall be deemed to be a portion of the application and any
10 false statement made by an applicant as to ~nformation required by
Il this Section shall be 9rounds for discipline as provided for in
12 2. ~. Alrproved ~xatLners.
13 The approved examiners for the purpose of administering
14 proctored exams as required by this Ordinance are Block and
15 Associates, 5?00 S.W. 34 St. ~ 1303, (~ainesville, Florida 32608 and
16 any other testing agency with comparable testing standards
17 recognized and approved throughout the State of Florida and also
IS approved by the Collier County Contractors, Licensing Board.
19 2.7. Examinations.
20 A minimum passing grade of 75% shall be required on all
2! examinations. Examinations aha11 be specific to the trade category
~ for which application for a Certificate of Competency has been
23 made. Said examine=ions shall be proctored and graded by a testing
24 agency meeting all the requirements of Section 2.6 of
25 Ordinance. When a Certificate of ComDetencv becomes void Dursuan~
26 ~o Section 1.4.9 herein, all Dre¥[ous exam~nation scores shall
27 disrecarded except'when the most =scent relevant
2~ taken end passed within three (~) years of the date of receipt of
29 the new aDDlicat~on, pursuant to ChaPter 489, Florida
30 2. S. In~uranc®.
31 All licensed contractors shall maintain liability and
32 other ca~egories of insurance, as required by Florida law, at all
3~ times. Such insurance aha11 be with an insurance company
3~ authorized to do business in the State of Florida. The s~inimum
35 limits of liability insurance required shall be not leas than
-40-
Words ~ are added~ words struck ~hrough
deleted.
are
~0. ~
OOT
!
2
4
6
I0
II
12
13
14
16
i?
19
22
23
24
27
29
3O
3!
32
34
$100,000 for bodily injury and $2S,000 for property daeage or any
highstndnimunm as required by Florida law. All lLcenssd
contractors shall ~aintain applicable Workers'
insurance as required by Florida law.
2.9. ~.zmctive Btatus.
2.~.1. Any person or firm that holds a valid Collier
County/City of Naples Cer~ificate of Competency may place the
Certificate of Competency on inactive status during which time said
person or firm/entity shall not engage in contracting but may
retain the certificate on an inactive basis provided that timely
pa~.nent is made of an annual renewal fee as set forth in Section
2.1.5 of this Ordinance and applicable resolutions enacted by the
Collier County Board of County
2.9.2. Persons or business organizations desiring to
renew an inactive certificate may do so by complying with the
requirements of Section 1.4 of this Ordinance relating to renewals.
2.10. ~estricted Csrtific&tes of COll~lt~3~c~.
The Contractors' Licensing Board may issue a Certificate
Competsnc~ to an applicant for & certificate in a particular trade
which is restricted to certain aspects of that trade where the
applicant has satisfactorily demonstrated to the majority of said
Board that the applicant is qualified tmder this Ordinance in those
certain aspects of that trade.
In the event of a declaration of a state of emergency in
Collier County by the Collier Couflt¥ Board of County CcxmLssioners
or in the City of Naples by the Naples City Council, in which
substantial damage has occurred to buildings and structures 0o as
to cause a shoz-cage of available persons and firms/entities in the
contracting trades for vhich there are Collier County/City
Naples Certificates of Competency, the Contractors' Licensing Board
is hereby authorized
2.11.1. Declare an emergency contracting trade shortage
of designated categories of contractors and/or sub-contractors
-41-
Words ~ ars added; words struck through
deleted.
ars
OCT g 8 1997'
IIIII I II II III II III I II I II I I I I II I tt ttt ~
! listed in this Ordinance. This declaration shall be £or · period
2 of time not to exceed six {~} ~onth~.
~ 2.11.2. Authorize the Contractor Licensing Supervisor
4 to prepare and regulate the selection of contractors and/or
~ suB-contractors frc~ other Jurisdictions whose licer~ing
6 requirements are substantially co,arable to those licensed in
? Collier County. The contractors selected ~ust ho licensed in
! Jurisdictions whose testing and licen~£ng requirements have ~een
9 predetermined bM the Contractors' Licensing Board to be
10 su~stantially cc~mparable to the Collier County requirements.
ti 2.12. The County will provide active field ~upervision within
12 the City of Naples of licensed and unlicensed activity through its
l) investigation and citation authority.
I~ 2.12.1. The County shall ~e responsible for issuing
I~ licenses in accordance with this Ordinance to authorize contractors
]6 to work within the geographic ~,Andaries of County and the City of
!? Naples. The County shall collect the fees for those contractors
Is licensed to work within the CoUnty and City of Naples.
19 2.13. Ail contractors who operate in Collier County shall
20 maintain complete financial and business records for the
21 immediately preceding 3 years at their licensed place of
~ business. The business and financial records to
2~ maintained shall include minutes of corporate meetings,
2~ business contacts, telephone records, insurance policies,
2~ letters of complaint, notices received from government
26 entities, bank statements, canceled checks, records oE
27 accotmts receivable and payable, financial statements, loan
2! documents, tax returns, employee records and all other
29 business and financial records the contractor maintains in
J0 the course o[ business. The contractor shall alloy the
Jl Contracting Licensing Supervisor, or his_designee, access
~2 to all documents referenced in this section upon demand and
3~ durin~ normal business hours. Copies of any
~ requested bM the Contractor Licensing Supervisor, or his
3~ designee shall be provided by the Contractor upon payment
-42-
Word~ ~ are ad~ed~ ~ords struck through
deleted.
are
(}CT 8
I
2
3
4
6
'7
!
9
I0
II
12
13
14
I?
19
2O
21
22
25
26
27
29
3O
3!
33
35
36
of reasonable reproduction costs, which shall hoc exceed
the co~r4c~cT'l 4c~q~ repro~ltc~o~ costs, ~y
Contractor Licensing Supe~visor or hie desi~nee.
~T TI[R~ TI~ CO~IA~R~' L2CKIq'SZNO
3,~.
T~.~-~-- ----~ a-- ~ ~ ~- ~J~
~icenling Board ~~ c~sed o~ nine
~ a~n~ed~ ~he Board of ~y C~isl~onerl.
~ (2) of ~hese M~rl l~ll reside v~h~n ~he co.raCe
l~m~Cl o~ ~aple~ or s~ll ~ rec~ended co che Board of C~ncy
C~LssLoners ~ Che Naples CLCy Co~c~l. ~e
CO~Lll~O~erl ~y illO I~nC aide.ace me. ri al ~C dee~
a~r~r~ace. ~e n~ne (9) me. rs o~ ~he C~Crac~ore' ~/ceneing
Board shall c~J~sc o~ · l~censed ~rch~cecc, I licensed general
con~raccor, · licensed engineer, a liCenled elecCr~cal concraccor,
a licensed pluming concrlc~or, i licensed ~c~cll co~crlctor,
licensed r~ng c~cr~ccor, a l~cenied relide~ial or ~ilding
co~C~lCCOr I~d a ~ce~lt~ reprelenCa~ive ~rm ~e of Cbt o~her
spec~alC~ ~rades or professions re~r~ng a Ce~tica~e o~
Co~ecen~ as pr~Lded ~n ~hLe ~d~ce. ~1 Section ~s ~rely
d~recco~ and failure ~o ~ve a ~r o~ each o[ chele ~rades
shall not ~ ~ovnds [or voiding ~y action
~e~rl of the ConcraccorJ' ~ce~JLng Board Ihll h ~m~enc
residents and eleccorl o[ Collier ~cy ~d i~11De~e vLchouc
c~enlic~on. ~e~rl ~y ~ rei~rled ~or luch travel,
Ind ~r diem e?nies al ~y ~ a~c~r~zed, L~ i~ce, ~ the
Collier Co~cy ~olr~ of ~cy 211~o~lrl.
3.1.2. ~ LnLc[al a~nc~nce o~
I Ce~ of ~hree (~) Years except ~v o~he~se ~ authorized in
~d[nance No. 86-41. aB a~nded ~ time Co
i~ -=---=U ..... a ............... = ..........................
Words ~ are a~ed; ~ .t~ck t~gh are
~le~ed.
OCT 2 8 1997
I
2
4
I0
II
14
16
I7
19
20
21
~6
~ ~e~ed f=~ office fo~ ~y cause ~ a ~ori~y vo~e of ~he
Co~/e~ Co~y Board o~ Cowry C~fssioners. l~ ~y ~e~r fails
to It~end t~ of ~hr~e successive ~ard meetings wight
sa~fs~ac~o~ ex.se and wi~h~ prfo~ a~r~al of ~he cbaf~rson
of the Contractors' ~icensing Board, the Contractors' ~fcensing
~ard shall re.est t~t ~he collier C~ty Board of
C~issioners declare the ~r's o~fice yacht and primly
the vacant.
3.L.4. ~y vac~ oc~rrfng during the ~e~ired
of office o~ any me~r o~ ~he Contractors' Licensing Board shall
be filled ~ ~he Board o~ C~ty C~issf~ers. ~ a~int~ent
fill a vacan~ s~ll be for the reminder of the ~e~ired te~
office.
3.2. Internal Operating procedures.
3.2.1. The Contractors' Licensing Board shall elect a
chairperson and vice chairperson from its membership.
3.2.2. Meetings.
3.2.2.1. '~e Contractors' Licensing Bo&rd shall
hold at least four meetings per year.
3.2.2.2. Upon the rsquest of the Contractor
Licensing Supervisor, or his designee, or at such other times as
· ay be necessary, the chai~rson of the Contractors' Licensing
-44-
Word~ R]X~ axe addad~ w~rds struck through
delete~.
are
!
2
9
~2
2~
27
~o
Board {~nd, in his ~bsanca, the vice ch~irpereon or, in the vice
chairperson's absence, the temporary chairperson elected~
~o~l~ vo~e o~ ~he ~r~ o[ ~he Com~ac~o~a' ~icem~ing
~7 call hea~inga o~ ~he ~ac~ora' ~ice~img ~oar~. ~ea~inga
~7 al~o~ calle~ ~i~em ~o~ice ~i~e~ a~ leaa~ ~ee (3)
~s o~ the ~t~actors' ~icensing ~oard. ~t ~7 hearing, the
Con~rac~ors' Licensin~ Board ~y set a lu~ure hearing ~te.
Minu~es s~ll ~ kep~ of all ~etings ~d hearings ~d all meetings
and pr~eedings s~ll ~ ~n to ~he ~lic.
3.2.3.3. Five me,rs s~ll constitute a ~o~m
any~e~in~, ~d a ~ority vo~e ot those present shall ~ re~ired
to ~ke any decision.
~.2.2.4. ~e Collier ~t~ ~oArd ol
C~i~ioner~ shall praise ~uch clerical and a~iniatrative
perso~el and legal ~e~icea aa ~ ~ rea~on~ly re~ired ~ the
Con~rac~or~' Licen~in7 ~oa~d tot the proof ~rto~nce ol its
duties.
~.2.2.5. ~e Co~y A~o~ey, or hi~ de~i~ee,
~hall either ~ co~ael for the ~n~rac~ora' Licenain~ ~ard or
~hall represen~ the Co~y ~ preaen~in~ ca~e~ ~io~e the
Contractors' Licen~in~ ~oard, bu~ in no case shall the
A~o~ey or his dehisce se~e in ~h capaci:iea lot the ~ame case
or a~ ~he same ~ime.
~.~. ~iea ~d V~e=~ ol the ~n~racto~' ~ice~in~ ~oard.
~.~.1. ~on relerence ~ the C~ractor Licenain~
Supe~iaor or pe~i~ion ~ ~ a~lic~t, the ~rd ~11 ~ve the
~er to de~e~ine the ~alilica~i~ ot a~lic~a i~r the various
ca:e~ories of con:factors' Ce~ilica~ea ol C~ten~ a~ ~a~ured
~ ~rds a~a~ed in thi~ Ordi~ce.
~.~.2. ~e ~ard a~ll ~ve the ~ to ~ld heavies
to de~e~ine it a con~rac~or or a ~e~ ~e~ain~ a ~llier
cer~ilied con:factor doin~ ~inea~ in Collier C~ty, ~ld
disciplined pur~u~ to Va~ Four ol thi~ ~di~ce. X~ ~11
~he du:y ol the Con~ractor ~icen~in~ ~upe~i=or to ~itiate
Horde
deleted.
-45-
are addedr ~orda struck thx~ugh
OCT 8 1997
! disciplin~ry proceedings. No ~mb~r of the Contractors* Licensing
2 Board sl~l~ l~ve ths power to ~nitiate discipl~nary proceedings
~ his/her capacity as a ~r of the Contractors' L~cen~ing Board.
4 3.3.3. ~e Contractors' Lice~n~ ~ard s~ll ~ve the
6 necessa~ ~o ca~ ~ ~he duties of ~he Board ~n acco~ce w~h
the pr~si~o ~d ~n~en~ of th~s ~d~nce.
~d re,lap,one, ~hen ~d If reduced ~0 ~ing, s~ll ~ filed
~i~h ~he Clerk ~o ~he ~rd o~ ~ ~llier ~
10 C~es~oners.
12 have the ~er ~o~
~ B. Take CeeCi~y~der ~h~
I~ c. ~c ~lea and re~la~ione ~or the c~ducc o[ ice
~ hearin~e~
I? d. Discipline c~rac~ora or ~e~n holding Collier
II C~ty/City of Naples Certificates of ~en~ or
~ certified contractors doing ~siness in ~11ier C~ty or
20 the City of Naples ~rsuan= ~o Pa~ Four of =his
21 Ordin~ce;
~ e. Issue decisions, findings o[ [ac~, conclusive of law,
23 impose disciplina~ sanctions, and issue orders ~o ca~
24 ou~ ~he pr~isions of ~his Ordinance.
2~ 3.3.5. ~e Con, rackers' Licensing Board ~11 al~o have
26 all other powers grated =o said Board ~ Florida law.
~ 3.3.6. ~e ~n=rac~ore' Licensing ~ard s~ll ~ve ~he
21 power to ~ke rec~en~=ions =o ~he ~ard of C~=y ~ission
29 regar~ng a~n~en=~ =o =his Ordi~ce ~ s~ll review ~n~en~s
30 =o =he ~din~ce pr~osed ~ Co~7 s~aff.
31 P~T FO~ ~T~ OF ~ ~ DIS~PL~.
32 4.1. ~fc~t - ~llier ~/Cl~ of Naples Certificate
~] of C~e~
-46-
Words ~ are added~ ~ord~ struck through
deleted.
are
OCT 8 19
2 ~aples Cez'ti£ic~te of Comi~ency sha~! cozm~i~u~e mi. sccmduc~ and
3 ~ds ~or discipline ~r~ to Section 4.3 o~ this ~i~ce:
4 4.1.1. ~ingly c~ining or c~iring ~ith ~
6 to ~ ~ed ~ ~ ~ce~ed c~tra~or ~lth intent to ~ade the
~ pr~iei~s o~ this ~d~ce. ~n n l~ce~ed ~trn~or acts as
~ ~he ~ali~yin~ agen~ for ~ fi~i~h~ f~rs~ ~l~ a~lica~ion
9 ~der ~his ~d~ce ~o r~resen~ said ~L~, ~ch ac~
i0 cons~itu~e ~i~ facie evidence o~ inten~ to ~ade the pr~ieio~
I~ of this ~di~ce. ~en a ce~ificate ~lder all~s hie
12 ce~i~icate to ~ used ~ ~e or ~re c~anie~ withe having any
~3 active pa~icipation in ~he opera,ions, ~age~n~, ~d control
~4 such c~anies, such act conn:i~utes pri~ iacie evidence of an
~ in~en~ to evade ~he pr~isions of ~his Ordin~ce. ~ive
16 par~icipati~ re~ires ~ob si~e su~inion, ~led~e ol ~d
~7 participa:i~ in ~he ~siness ~era~ions of ~he
I[ including all con~rac~ual
19 4.1.1.1. l~ any individual ~alifying
org~iza~ion ceases ~o ~ affiliated ~ith such
21 or~ization, he s~ll so info~ the So·rd. In addition if such
~ individual is the only ce~ified individual alfllAated wi~h the
~ business organization, the ~siness o~anization s~ll no~ify the
24 Soard of the individual's temination ~d shall ~ve no ~re
25 sixty {~0} days from ~he date of ~emina~ion o~ the individual's
2~ affiliaKion wi~h ~he business organization in ~hich to allilia~e
~ ~i~h ~o~her ~rson cer:ified ~der the pr~inionn ot this a~icle.
2~ In an~ even~, ~he business o~iza~ion s~ll no~ enter into ~y
29 new con~racts and~y not engage in ~y new con~rac~in~til such
30 ~ime as a ~alifyin~ a~en~ is e~l~ed.
31 4.1.2. ~n~rac~in~ ~o do ~7 ~rk ~tnide o~ the
31 oi his/her c~ten~ as lie~ed on his/her c~en~ card ~d
33 defined in ~his ~dinance or as res~ric~ed ~ the ~tractors'
~ ~icensin~ Board.
words ~ are addedl words struck through
deleted.
OCT 8 1997
! 4ol.3o Ab~ndoning · construction project in which
2 he/she is engaged or under contr·ct as a contractor. & project
J l:~ prssumed abandoned ' ..... _~--; ~_;;~;~ ~ if the
J ;~.~=:~;:i~.~ ~.~:;a;:. terminates the nrolect without 4Mat cause.
6 or fails to notify the ~msr in ~Tltina of ter~ination ol the
contract and basis for sa~, o~ £sils to ~rfo~m work for ninety
$ (901 consecutive days without tust cause and no said notice to the
9 owner.
!0 4.1.4. Diverting funds or property received for the
!! exscution ol · ~pecific contract project or operation or diverting
12 funds ,armarked for a specified purpose to any other use
13 whatsoever.
14 4.1.S. Departing fro~ or disregarding in any material
I~ respect the plans or specifications, of a construction Job without
16 the consent of the owner or his duly authorized representative.
I~ violates~, in the performance of his contracting business in
19 Collier County, any of the building, safety, health, insurance or
20 Workers' Compensation laws of the State of Florida or ordinances of
2! this County.
~ 4.1.7. Falsifying or misrepresenting any material fact
]J in his application and suppor~in~ppers for the purpose of
24 obtaining a Certificate of Compete~-yunder this Ordinance.
25 4.1.8. Co~mitting mi~m~nagement or misconduct in the
26 prat=ice of contracting that causes financial harm to a customer.
27 Financial mismanagement or misconduct includes, but is not limited
28 =o, any of the following:
29 4.1.8.1. The contractor fails to fulfill his/her
30 contractual obl~ga=ions to a customer because of inability, refusal
]! or neglect to pay all creditors for material furnished or work or
32 services performed in the operation of the business for which
33 he/she is licensed, under any of the following circumstances:
J~ a. Valid liens have been recorded against the property
35 of a contractor's customer for supplies or services
-48-
Words under~ are added; words struck through
deleted.
NO. ~
OCT 2 8 1997
I ordered by the contractor for the customer's ~obt
2 the contractor has received funds £ro~ the customer
I to pay for the supplies or aerviceal and the
4 contractor has not had the liens removed £rom the
~ proper~y, by payment or by bond, within 30 days
t after the date of such lienel
7 b. The contractor has abar~med I customer's ~ob a~d
$ the percentage o£ co~letion is less than the
9 percentage of the to, al contract price paid to the
I0 contractor as of the ti~e of ~nt, unless the
!1 contracto~ le entitled to retain such funds under
12 the terms oE the contract or refunds the excess
13 funds within 30 days after the date the ~ob is
14 abandoned~
Ii c. The contractor's Job has been completed, and
It shown that the customer has had to pay~ore for the
17 contracted Job than the original contract price, as
11 adjusted for subsequent ch~ge orders, unless such
19 increass in cost was the result of circumstances
~0 beyond the control of the contractor, was the result
21 of circumstances caused bT the customer, or was
~ otherwise permitted by the terms of the contract
23 between the contractor and the customer.
24 4.1.9. Performing any act which assists a person or
l~ entity in engaging in the prohibited unlicensed practice of
]6 contracting, if the licensed contractor knows or should have known
27 that the person or entity was unlicensed.
2~ 4.1.10. Failing to promptly correct faulty workmansh/p
29 or promptly replace faulty materials installed contrary ~o the
30 provisions of the construction contract. Faulty workmanship means
31 work that is not commenced, not continued, or not completed in
32 accordance ~h all ~ei~iea~ions o~ the a~mlicable w~itten
33 i,areement. Faulty workmannhin includes any material ~law(I) in the
~ o~al~tv and/or auantitw of the un~iniehed or ~iniohed work
3~ ~ncludina any item that does no~ ~unction Drover1? as a Dart o~ the
-49-
Words ~ are added~ words struck ~ are
deleted.
OCT 2 8 1997
entire ~ogect. Z~ there ti no w~itten aoTeem~nt ~ro~ilion
reoardino the e~ecific faulty ~orkmanahlD issue, faulty ~rk~nmhi~
eximtm if the ~rk. ~r~emm. ~r~uet or ~m~ thereo{ ~ not meet
cenerallv acceoted standards in Collier C~ntv in relati< to the
entire ~ro~ect. Fm~tv~r~anmhio d~m not include ~tterm of
esthetics ~less the eethetieallv rela~ed item clearly violates a
~itten contract s~c~fication directly related thereto.
insur~ce co~y authorized to do ~siness tn the $tate of
Flort~, the ltMte of li~ilitr and other categories of insurance
as re~{red ~ this Ordinate.
4.1.12. Fail~n9 to claim or refusing ~o accept
certified ~1 directed to the contractor ~ the Contractors'
~icensing Board, or its desires.
4.2.13. Failing ~o ~tntain a ~rrent ~tl~ng address.
4.2.14. Failing to a~ear In ~rson or t~gh a duly
authorized representative at any scheduled hearing on a c~laint
f~led a~ainst the contractor.
4.1.25. 9sing convicted or found ~ilty, regardless of
ad~ud~catLon, of a cr~me in Collier C~t~ ~hich directly relates
~o the practice of contracting or the ~l~ty to practice
contractin~.
4.l.l~. ~l~ing ~ocher Co take a ~alifying
examination on ~he appleton's ~1~.
4.1.17. ~gaging in concracCing~liness in Collier
County or =he Ci=y of Naples when prohibited from doing so ~ =he
Con=rac=ors' Licensing Board of Collier Co~=y.
4.1.11. Proceeding on any ~ob wiC~C obcainin~
a~lic~le pe~ic~ or in~ctionl fr~ the City o~ Naples Building
and Zoning Divi~ion/Collie~ ~t~ Building Review and Pe~i~ina
~parcmenC.
4.1.19. Failing ~ ~y~Cerial rel~c~ ~o co~ly with
=he pr~isions of =his ~di~ce as a c~rac=or or as a ~alifying
agen= for a ~siness en=i=y angaging in con, rat=ins.
-$O-
Word~ ~ are added; ~ords struck through
deleted.
OCT 2 8 1997
i
2
3
4
6
9
11
12
14
16
I?
19
12O
2:3
:~6
27
:31
e
4.2..20. Signing I mtlte~enC vith respect to I project
or c~rac~ falsely indicating ~ ~he ~rk is ~nded; ~alsely
la~r, or ~ter~ale ~h[ch results ~n a f~nanc~al loss to ~he ~er,
~rc~ser, or c~rac~or~ or falsely
C~a~fon ~d ~lfc li~ili~y lne~ce are pr~ided.
4.L.21. Faille of a ~alifyi~ ag~ for · f~/legal
4.~.22. ral.ityiM ~ lllr~rel~i~ ~ Mceriil fac~
~o ~cher ~rs~ v~h ~ Ln~enC or ~ C~ ~le o~ engaging ~n
~he c~rac~ng ~linell, p~d~ ~cer~all or
soliciting ~l~nell for ~ ~l~er, as a c~ac~or, or as an
e~l~ee, regardlels o~ ~ fin~cial c~lidera~.
4.L.23. Fa~ll~ or refusing Co pr~de pr~f of ~l~c
l~ili~y and pr~y da~ge i~ruce c~erage ~d
co~nla~on ~n~r~ce c~erage.
~_.1.24. H~sconduct ~n ~he ~rac~ice o~
section 4.2. ~1o~).
~e foll~ing actions ~ SCats Ce~ified C~CracCorl
constitute misconduc~ and gro~ds for discipline
Section 4.3 of ~hil ~dinance.
4.2.2. Failing or refusing ~o pr~ide pr~ of p~lic
liability and property ~9e inlur~ce c~erage ~d ~rkerl
c~nsaCion insur~ce c~erage.
4.2.2. ~tllfully vtola~ing ~he
c~es or laws of ~he scats, City o~ Naples or ~llier ~y.
4.2.3. If ~he ~acd fin~ ~gh ~he ~lic helr~g
process ~hat the contractor was fo~d ~ilCy in ~ocher c~cy or
~icipalicy within ~he pal~ twelve
willful building c~e violation ~d lin~ C~C ~ch fraud or
violation is fraud or a violation i~ c~iCced i~llier C~y or
the City of Naples.
4.2.4. ~a~.
-S1-
~ ~ ire adcbd; vo2'd~ K~k
deletad.
Ch~,ogh L~e
OCT 2 8 1997
4.3.2. There are t~L~ee (3) cateooriee of violations~
(i} Viola~io~e of s~bsec~ion 489.127~1J, F,S.~
a. ~se~ 489.127(lj. F.~.. ~n ~nco~rn~ed he~e~n.
(Lack o~ ~e~red ~tcense. ceaSe,cate, o~ reaSsUranCe). ~e
f~l~na are desolated to enforce t~sect(~n
Collier C~v Ruildina O~ficial. a~l License
~be ~ief Ruildina Tn~c~or. ~Aef Ele,~rical Tn~c~or. ~ie~
Plu~ina/Mechanical ~chanical. and/or o~her in~c~ors authorized
~rom ~ime-~o-~ime ~ ~he Buildina O~icial. Procedures ~cified
in ~his ~dinance shall a~lv excen~ ~o ~he ex~efl~, if any. ~ha~
~ec~ion 489.12~ or Section 489.132. may re,ire di~eren~
~rocedure(s). ~e ~nal~ies for each uncon~es~ed viola~Aon o~
subsec~i~ 489.127(1) and/or 489.132(1). F.S.. are ~hree hundred
~300) dollars ~or ~he firs~ ~con~es~ed viola~ion and five hundred
dollars ($S00.00) for each s~se~en~ uncon~es~ed viola~i~
same individual or en~i~v. Penalties for con~es~ed violations o~
subsection 489.127(1), F.S.. are as m~or hereafter s~eci~ied
~ec~ion 489.12~. F.S. Penalties for c~es~ed viola~iono o~
~ubsec~ion 489.132(1). F.$.. are as n~ or hereafter s~eci~ied in
Section 489.132. F.S. ~e Citation fo~ a~ached here~o as ~hibi~
'A' is annr~ed, which ~o~ may ~ amended ~rom ~ime-~o-~ime
Resolution of ~he Roard of C~n~v C~issioners.
b. MAnor Viola~i~s: ~e Con~rac~or
Su~e~isor or desi~ee shall issue a sNo~ice o~ Nonc~liance~ as
~he coum~v*s ~irs~ res~nse ~o a minor viola~i~ o~ ~v ~ision
o~ any re~la~o~ law. includina ~his ~dinance. ~hen
reasonable for S~a~ ~o as~ ~ha~ ~he vAola~or, a~ ~he ~ime of
~ola~ion. was no~ aware of ~he u~vision ~ha~ was violated or
~an ~ assu~d ~ha~ A~ ~s no~ clear ~o ~he violator h~ ~o c~lv
wi~h ~he violated ur~ision, and (ii) ~ha~ viola~i~ has no~ ~hen
~esul~ed in ec~omic ha~ or uhvsical ha~ ~o any merson, and (ii~
~e violation has neither adversely a~ec~ed ~he ~lic health.
-52-
Words ~ axe added; words struck through
deleted.
are
$
6
7
$
9
!0
12
16
17
Il
c. Ma~or Violations. The Contractor Licensing
~upervimor, or him demi~nse, nay initiate disc~plinaryproceedings
a~ainat a ~icenmed con,rector ~or I~lJ.9~_violatione of this
Ordinance b~ ~iling a sworn co~plaint with thl Clerk to the Collier
County ~oard of County Comndmmioners.
4.3.2. ~nypermon w~obelieves that a c~tractor
holding a Certificate of Competency ham violated this Ordinance my
mubmit · sworn complaint to the Contractor Licenming Supervisor, or
him/her demignee. The complains shall be in mubmta~tiall¥ the £oz~n
premcribed by she ¢ontracsor Licenming Supe~-~isor. The complainans
21 shall pay a fee of $50.00, to defray the comsm of a~inistering the
~ complains, aS she time of filing the complaint. The complaining
23 patsy mhall mcat· with particularisy vhich section(s) of this
24 Ordinance he or mhe believem ham been violated by the contractor
2~ and the ems·ri·iai facsm in suppor~ thereof.
26 4.3.3. U~n the su~ismion of s sworn complaint° the
27 Contractor Licensing 8upe~isor, or him/her demignee0 shall conduct
2s a preliminary invem~igation au~ddetermine whether the co~q~laint
29 submitted warrants the filing of formal charges. Xf char~es are
30 warranted, the Contractor Licensing Supe~isor0 or his/her
31 demignee, shall file the co=plaint rich the Clerk to the Collier
~2 County Board of Co~mSy ¢o~imsioners and shall send, by certified
3~ ~il, retu~ receips ~equemSed, a lesser to the lice~ed contracsor
34 as him local addresm, or if applicable the local agent'· addremm,
~ords ~
delete~.
arm
-53-
added~ ~ords struck thx'ough
OCT 8 lCJ 7
as sho~n by tb~ records o£ th~ Contractors' ~icensing
enclosing · ~ o~ ~h~ ~ain~ ~d indica~ln~
b. ~ ~e(I) o~ ~he c~eli~ o~
~ve ~en v~o~ed~
~ ~sed u~n any contractor. ~n~ ~o
~h~s ~d~ca ~ ~he ~c~ors~ ~cens~ng
Board ~n ~he even~ said ~d
viola~ion si thia ~di~ce to ~ve
e. ~e ~te, ti~ ~d place at which the
contractor shall a~ar ~fore ~he
Con~rac~or's Licensing Board for a hearing
re~ardin9 ~he c~la~n~. ~e ~e scheduled
s~ll not ~ s~ner than twenty (20) days
fr~ the ~ilLng ~te o~ the ceaSE{ed
letter.
4.3.3.1. ~e notice of hearing re~ired ~ this
Section ~y, in the alte~at~ve, ~ acc~l~shed ~ hand delLve~
of said notice to the contractor ~ the Contractor
Supe~sor, or his/her desires, or ~ leaving said not,ce at the
contractor's b~siness or usual place of residence w~th s~e person
of h~s/her family ~er 15 years of age and ~nfo~ng ~ch person
the contents of the notice.
4.3.3.2. ~ ~ alte~at~ve ~o pr~td~ng not,ce as
se~ forth ~ve, a~ the ~ion of ~he ~n~rac~or L~ce~ng
Supe~sor, no~tce ~ f~shed ~o ~he contractor
a. Such no~ce s~ll ~ ~l~ehed once during each
~ek for f~ (4) c~e~Lve ~eko (f~
~lica~i~ ~ing ~ficien~) in a nev~a~r o~
~eneral cir~la~ion in Collier Coun~. ~e
newspa~r s~ll Me~ ~ch retirements as are
-54-
Words ~ are ·dded~ words struck through
deleted.
OCT 2 8 1997
!
2
4
6
~2
14
l?
II
~9
21
2~
24
2~
2'7
29
~0
~4
prescribed u~der Ch~p~er ~0, ~lori~ ~a~u~ee, ~or
legal ~nd official advs~ise~n~s~
b. ~i of ~lica~i~ s~ll ~ ~de
Sec~i~ 50.041 ~d 50.051, Flori~
~y toll~ ~ attest or att~tl to p~i~ ~tice
was p~ided, ~i~ce ~ ~ a~ ~s ~en ~de
deliver or ~il ~lce as pr~tded ~ ~s ~l~,
pr~i o~ ~lica~i~ as pr~ided in ~sec~i~ 4.3.~.2,
sufficien~ ~o mh~ ~ha~ ~he no~ice ot hearin~ re~ire~n~m o~ ~him
Section have ~en ~, wi~h~ regard ~o whether or not ~he alleged
violator actually received ~ch no~ice.
4.3.4. C~duc~ ot he~.
4.~.4.X. ~ hearin9 s~ll ~ held c~ce~in~ ~he
c~lain~ ~d i~ s~ll ~ ~n ~o ~he ~lic.
4.3.~.2. ~e pr~eedings a~ ~he hearing
recorded ~d ~y ~ ~ranscri~d a~ ~he e~nse of ~he pa~y
re~es~in9 ~he ~r~scrip~. ~y pa~y ~y have a cou~ re~r~er
presen~ a~ ~he hearing a~ blather ~ e~nse. Neither Collier
C~ty nor ~he C~rac~ors' Licensing Board shall ~ feasible
for any failure of recordin9 e~i~ d~in9 ~he c~duc~ of ~he
hearing.
4.3.4.~. ~ch case ~iore ~he Con~rac~ors'
Licensing Board s~ll ~ presented ~ ~he C~ty A~o~ey, an
Reaardina matters ~der ~ha ~urisdicti~ o~ the
~icensina Board. ~he Ruildina Oificial is authorized
su~enas ~o the ~eatest e~en~ ~hen all,ed ~ law. includina
Section 162.08. F.S.
4.~.4.4. ~s,~ing p~r no~ice ol ~he hearing
~en pr~ided ~o ~he con~rac~or as p~ided in Sec~i~ 4.~.~ ol
#ords ~ are added~ ~a~ds struck through
deleted.
mrm
OCT 2 8 1997
! this Ordinance, a hearing ma7 proceed in the absence of the
2 contractor.
~ 4.3.4.S. The Contractors' Licensing Board shell
4 proceed to hear the cases on the ·genda for that day. All
~ testimony shall be under s ach and shall be recorded. The
6 Contractors' Licensing Board shall hear testimorry from the
? Contractor Licensing Supervisor, or hie/her designee, from the
$ contractor alleged co be in violation o£ this Ordinance~ and
9 such other witnesses as may be called by the respective par~ie·.
I0 4.3.4.4. Formal rules of evidence shall nsc apply,
II buc fundamental fairness and due process shell be observed and
12 shall govern the proceedings. Zrrelevanc, immaterial or cumulative
11 evidence shall be excluded; buc all ocher evidence of · type
14 commonly relied upon by reasonably prudent persons in the conduce
IS of chair affairs shall be admissible, whether or nsc such evidence
16 would be admissible in a trial in the course of the Scats of
17 Florida. Hearsay evidence maybe used for the purpose of
11 supplementing or explaining any evidence buc shall nsc be
19 sufficient, by itself, Co support a finding unless such hearsay
20 would be admissible over objection in civil actions in court. The
21 rules of privilege shall be effective to the same extent Chec they
~ are newer hereafter maybe recognized in civil actions.
~ 4.3.4.7. Any member of the Contractors' Licensing
24 Board may question any witness before the Board. Each pax~y to
2S proceedings shall have the right to call and examine witnesses;
26 introduce exhibits; co cross-examine wicnesees~ Co impeach any
27 witness regardless of which party called the witness Co testify and
21 Co rebut any evidence presented against the
29 4.3.4.8. The chairpereon or, in hie/her absence,
30 the vice chairperson, shall have all powers necessary Co conduce
2~ the proceedings aC the hearing in a full, fair and impartial manner
~2 and co preserve order ar.d decorum.
32 4.3.4.~. AC the conclusion of the hearing, the
~ Contractors' Licensing Board shall issue findings of fact based on
3~ evidence si record and conclusions of law; impose disciplinary
-56-
Mords ~ are added; words struck tlxrough are
deleted.
I
4
lO
14
I?
21
24
27
32
sanctions, if wa~anted~ and shall issue whatever order is
necessary and proper to dispose o! the complaint In accordance with
this Ordinance and Florida law. Baid findings of fact, conclusions
of law, disciplinary e~nctione, if any, and any related order shall
constitute the decision of the Contractors' Licensing Board on the
case heard b~fore the Board.
4.3.4.10. The decision o£ the Contractors' Licensing
Board she1! be stated ora11¥ at the hearing and shall be reduced to
~riting and mailed to the par~iee within ~ ~0 days after the
hearing. The findings of fact and conclusions of law, disciplinary
sanctions, ii any, and any related order shall be ~ade by motion
approved by a ~a~ority o! the members of the Contractors' Licensing
Board who are present and voting. The decision of the Board shall
be ef£ective upon being stated orally at the hearing, unless the
Board orders otherwise. The decisi.on of the Board shall be filed
with the Clerk to the Collier Count~ Board of County Co~mieeionere
promptly after said decision ie reduced to ~iting.
4.3.4.11. Should the Contractors' Licensing Board be
unable to issue a decision immediately following any hearing
because of ques:ions of law or other matters of such nature that a
decision cam~ot be immediately made, the Board may withhold issuing
its decision until a subsequent meeting. Xn such case, further
discussion of the pending matter and all deliberations relating
thereto by members of the Contractors' Licensin7 Board shall take
place only at a public meeting ot the Board. The Board shall
:hereafter issue its decision pursuant to Bubsectione 4.3.4.9 and
4.3.4.10 of this O~dinance.
4.3.5. Diecip~!~-ry BanctAon~.
4.3.$.X. Holders of Collier County/City o£ Naples
Cer:ificates of Competency. If, after hearing, the Contractors'
Licensing Board finds tha~ there ha~ been misconduct by a
contractor, within the meaning of ~ection 4.1 of this Ordinance,
said Board may, but shall no: be required to, impose any of the
following enumerated sanctions, alone or in co~bination~
-57-
words ~ axe added~ ~oxds struck through
deleted.
are
OCT 2 8 1997
!
3
6
9
10
11
12
13
14
16
17
11
19
2O
~2
23
24
26
2~
3O
31
32
33
· . ~evoc·tion o~ · Collier County/City o£ ~·plee
Csrti~cate o£ Com~etenc~'~
b. Su~I~ension o~ · Collier County/City o£ ~aples
Ce~ti£ic~te o~ Co~petenc~
c. Denial o£ the issuance or renewal o! · Collier
County/City of ~aple~ Certi~c·t· o£ Co~petenc~
d. &period of probation o£ reasonable length, not to
exceed t~o years, during which the contractor's
contracting activ£tiee shall be under the
~upervision of the Contractore' ~icen~lng 9oard~
· nd/or par~icipation in a duly accredited progxam of
continuing education directly related to the
contractor's contracting activities. ~ny period of
probation or continuin~ education program ordered b~
the Contractors' ~icensin9 ~oard~aybe revoked for
cause b~ said 9oard at a hearin~ noticed to consider
said purpose. The contents of said notice shall be
~bstantially as provided for in Section 4.3.3 o£
this Ordinance. Service of said notice shall be as
provided in Bections 4.3.3 and 4.3.3.1 of this
Ordinance. Evidence that either of these ~ethods of
service have been utilized shall be sufficient to
sho~ that the notice of hearing requirements of this
Section have been met, without regard to whether or
not the alleged violator actually received notice~
e. Restitution;
A fine not to exceed $5,000~
g. A public reprimand~
h. Re-examination requirement~
i. Denial of the issuance of Collier County or City of
Naples building permits or requiring the issuance of
pex-mits with specific conditions.A
J. Reasonable investigative and legal costs for the
prosecution o£ the violation.
-58-
~ords ~ are added~ ~ord~ struck
deleted.
through are
I
3
,4
6
!
9
10
11
14
~6
1'7
~4
~6
31
32
of Cc~ete~e~.
a.
4.3.S.2'. Holders o£ Irate of Florida Cez~ifi~atoe
X£, a£ter hearing, the Cc~tractors' Licenoing Board
£inds that there has been misconduc~ bM a S~a~e
ce~i~i~d c~tractor, within the M~ng o~ Secti~
ieeu~ce of ~llier C~ty /City of Naples ~ilding
~ito or re,ire the iosuanco o~ ~ito with
b. Hotilicati~ ol ~d inlo~ti~ c~ce~l~ ~ch
~i~ denial ~11 h ~itted to the
within IS ~ys a~er the ~tractors' Licensing
Board decides to deny the
4.3.5.3. ~en i~e~ng ~y disciplina~ s~ction on
a c~tractor or a ~rs~ holding a Ce~i~ica~e ol ~en~ or a
o~a~e certilied c~tractor w~ ho ~en t~d to bye violated ~his
~din~ce, the Contractors' Licensing Board shall c~sider all ~he
evidence presented at the hearing ao ~11
a. ~e ~avity oi the violation;
b. ~e i~act of the violation ~ the ~lic heal,h,
wel[are or safe~y;
c. ~y actiono taken ~ the violator to co~ect the
viola~ion;
d. ~y previous violationo c~itted ~ the violator;
e. ~y other evidence preoen~ed a~ ~he hearing ~ the
pa~ies relev~ a8 to ~he s~ctl~ which
appr~riate tot ~he case given the ~tu~ o~ the
violation ~d the violator.
4.3.S.4. ~y diecipli~ e~i~s i~sed ~ ~he
~n~ractors' Licensing Board o~ll ~ e~iective ~n hing
orally at ~he hearing ~leos the ~d orders o~he~ioe, all in
accor~ce wi~h Section 4.3.4.10 oi ~s ~ce.
4.3.S.5. In a~tion to ~y ac~i~ the
Licensing Board My t~e agains~ ~he indivihl'o oz
#ord~ ~ ars added; ~rd~ struck through
deleted.
OCT 8 1997'
! orBanization'e local license, and any fine the Contractors'
2 Licenain~ Board my impose, the Contractors' ~-icenain9 ~ard shall
~seue a rec~nded pe~lt7 ~or the ~tate C~et~ct~
4 Licens~ng B~rd or ~f the action involves an electrical contractor
or an ala~ c~tractor, the State Electrical Contractors' Licens~ng
Board action. ~s rec~nded ~lty m~ ~nclude a
recm~ti~ [or no fu~her acrid, or a recmn~t~ for
~~, r~at~, or restrict~on of the reg~strati~, or
9 fine to ~ lev~ed ~ the ~st~ct~on lnduet~
l0 Electrical ~tractors' L~cens~n9 Board, or a c~nat~ thereof.
II ~e ~tractors' ~icens~n9 Board ~ e~ll ~n~o~ ~he d~sc~plined
con~ractor ~d the c~la~nant of the local l~canse ~nalt7
13 i~sed, the ~nalty rec~ended, his r~ghte to appel, ~d the
consciences sh~ld he decide no~ ~o a~al. ~e C~rac~ors'
Licensing Board shall, u~n having reached ad~udica~ion i~d~a~ely
info~ the Const~ction Indust~ Licensing Board or Electrical
17 Con:rac~ors' Licensing Board of its_acti~ and ~he rec~ended
~ard penalty.
4.3.S.6 Fines and all other moneta~ ~nalties ma~,
be collected and disused as authorized ~ and
489. F.S. Should any ~neta~ ~naltv [~sed ~ the Board not
paid within the time ~eci~ied ~ the Board's ~der. the Board ~,
re.est from the Board of C~ntv C~iselonere authority to tak:,
appropriate leaal action to collect the ~nal:v.
~9 S.Z.1. ~e contractor f~d ~o ~ in viola~i~ of ~hie
30 Ordin~ce ~y re~es~ a rehearing of ~y decision of ~he
31 Contractors, Licensing ~ard. A re.es: for rehearin9
3~ ~de in ~iting ~d s~ll ~ filed with ~he Clerk to ~he Collier
3~ C~:y Board of ~ty C~esi~ere, ~d ee~ed on any other
3~ parties, within ~wenty (20) ~ye fr~ ~he date of ~iling of the
3~ Board's ~itten decision ~der Sec:ion 4.3.4.9 ~ 4.3.4.~0 of ~his
36 ~dinance. A re.es: for rehearing ~11 ~ ~eed ~y ~ the
~7 ~d ~: ~he decision was c~tra~ ~o the evidence or ~t the
-~0-
Words ~ ~e a~ed; ~r~ e:~ck :~ough are
deleted.
A~£NDA.ITF..M
No. ~
OCT 8 1997
hearing ~nvolvsd an error on a ruling o~ lewwhichwas £undamente!
to the decision of the Contractors~ licensing ~oerd. The ~A'ltten
request for rehearing shal! specify the precise reaeon~ therefor.
The decision of the Contractors' Licensing Board which is the
subject of the rehearing request shall remain in effect throughout
the rehearing procedure unless the Contractors' Licensing Board
orders otherwise.
5.X.2. The Contractors' Licensing Board shall make a
determination as to whether or not to rehear the matter and its
decision shall be made at a public masting0 reduced to~riting and
mailed to the interested par~iee within~yJ, days after the
decision is made. Xf the Contractors, Licensing Board determines
it will grant a rehearing, it may:
a. Schedule a hearing where the pax~cies will be
given the opportunity of presenting evidence or
argument limited by the Contractors' Licensing
Board to the specific reasons for which the
rehearing was granted~ or
b. ~mdify or reverse its prior decision, without
receiving further evidence, providing that the
change is based on a finding tha~ the prior
decision of the Contractors' Licensing Board
resulted from a ruling on a question of law
which the Board has been informed b~ its
counsel was an erroneous ruling.
5.2. Appeals.
5.2.1. The contractor found Co be in violation of this
Ordinance may appeal a decision of the Contractors' Licensing Board
to the Collier County Circuit Court. ~uch an appeal shall not be a
hearing de novo but shall be limited to appellete revie~o£ the
record created before the Contractors' ~icensing Board. Any appeal
shall be filed with the Circuit Court and served on the parties
within thirty (30) days of the mailing of the decision of the Board
under ~ections 4.3.4.9 and 4.3.4.10 of this Ordinance. If there
has been a re-hearing request, the appeal shall be filed with the
-61-
~ord~ ~ are added~ ~orda struck through
deleted.
are
29
3O
31
32
33
34
Circui~ Cour~ and served on ~he parties within thirty (30) days of
the mailing of the re-hearing decieion under Section S.I./ of this
Ordinance.
5.2.2. In the event that the contractor £ound to be in
violation of this Ordinance should elect to appeal, a verbatim
record and transcript of the proceedings shall be neceeeary, lC
shall be the sole responsibility of said par~¥ to ensure that a
record is made form which a transcript maybe prepared vhich
includea the testimony upon vhich an appeal may be taken. Neither
Collier County nor the Contractors' LicensingBoard shall have any
responsibility to provide a verbatim record trar~cript of the
proceedings.
In the ~enC ~hil ~dinance c~flicCl v~Ch ~ ocher ordnance
of ~he Clt~ o~ Naples or ~llier C~t~ or other ~lic~le
~he ~re restrictive s~ll a~l~. If any p~ase or ~ion of
~din~ce ~s held ~nval~d or ~cons~u~onal ~ ~ c~ of
c~ecenc ~uriidiccion, nth ~rci~ shall ~ dee~d a i~arate,
diet,ncc, and ~nde~ndenc pro~l~ ~d nth holding shall hOC
affect ~he valid~C~ o~ the re~n~ng ~rCion.
The provision of Chis Ordinance shall become and be made a
part of the Code of &ava and Ordinances of Collier county, Florida.
The sections of ~hia Ordinance maybe renumbered or reletcered Co
accomplish same, and the ~ord 'Ordinance' maybe changed co
'section', 'article', or other appropriate ~ord.
SECTZONFOU~tl ~FI~CT~V~ D~T~.
This Ordinance shall become eEfective upon receipt of notice
fro~ the Secretar~ of State that this Ordinance has been filed vith
the SecretarM of State.
~orde ~ are added; words struck through
deleted.
ire
OCT 2 8 1097
3
4
5 DWIC~IT g. BXOCX, C:LKRX BOARD Ol~
I O? COLLIER ~, FLORIDA
Il
12
19 AosLsrJ~t: C:Otm::y
delete.
OCT 2 8 1997
NO.
~ 4~9.127(3Xa% Florida Statutes, ~be m~dersiGned hercby certifies
~c ~ ~ ~ ~ ~, u ~T~ dM ~ S~ ~.1~(1~
lssm~ To:
Addr~s
Telephone No. I I.D.
I
Makc/fypc (if applicable)
Location of Viol~on
zip
[ have been informed of the violation of which I ha~ been char~cd and elect
followin[ option: (Chcck One)
!) 0 ! c. hoose to P~ ~e PCnalfies of $. on ~e Ct~ion
2) l"i ! choose eot to pr/the pcnalty and will request in wrkin~ by certified mag or
hand dclivc~ an Admini~-=~ve HearthI befo~ I~e Contznctot's Liccns~[~ Bom'd
[:)~-rip~on of Violstiom ~ Violati4~ O~crvcd:
a) [:] Fa]s~17 hold ~elf m a business o~ out as a l~:en.~ ~fi~older m
b) ~ Fal~l~ im~ a ce~dflcat~olde~ m t~
c) r~ pmscnt as hb own ~e ce~C__,~_ m teltstmion of anod~r;
d) r=l Know~llY Itve f~be m forled evMence t° I~e B°atd ~ n membe~ ~l~n~°f;
f--i Enp~¢ in the hush, ess or act tn t~e ca~nc'lty of a conttnctot o~ ndve~l~e self or
business orpnJza~Jon as available to en~le in the I~sine~ or act in a capackY of a
~) f-i Opcmc · businm orpnindcm ~ in c°ntrsctinS ~ ~ (60)d~/s
foliowtnj the tC~Tninstio~ olios only qualH~nl qent witbo~ desilnatinl anothc~
primary qua~i~/in8 agent, cxce~ as ~,-~ided in ss 489.119 and 489.11~5, Florida
Stlmtes;
h) r=l Commence o~ perform work for wl~h a bufldinl ixnnit b ~quimd Pursuant t°
i) r"l Willfully ot delibera~ly dis~ or Ylolat~ an)' CoH~ Coun~ ordnance
~1~$ to uncertif'md or mu',.listeml comrsctort
A person or business or~niz~ion opemint, on an inactive m ~ catif'~ or
r~,istrmion, or o~xn'sfin$ beyond lt~e scope of wodt ar Iml~ra~cal scope of the
SIONA~ (AEOHENT)
SIONATUP. E {nq'VESTKIATOR)
OCT 8 1997
EXHIBIT
of
INSTRUCTIONS
PAYMENT OF CITATION:
1'be pena~ for each u%c,,-~sted violation has been mb*/ ~be lk~rd of Cou~
Comml~on~'s of Collie~ County and shall be psyaMe to ~e Bostd of County
Comm~t~ 2800 North Houcd~e Drive, N~Jes, FJo~4da 34104, not ~ ~hmn 10
days ofthe notice receipt, e~clusJve ofweekend~ and Jepl bolMrys.
PA~ MUST BE MADE BY CASH, MONEY ORDER, OR ALL FEES MUST BE R.EMTI'I'i~ rN U.S. FUNDS
REOUEST FOR HEARING:
Yo~ may r~qucs~ an Admtnisu'stjve Hcaflnf, wjtlfin J~e same ten (10) day time bnne,
bcfo~ ~e Collie~ County Corem:lot's ~ ~ ~ ~ Jn wrtth~ to Ibc
Dirgctot of the Buildin~ Re*view m~d Po'mi~b~ l:)qmrm~m. If you do no~ rgq~ a
pena~ set fo~ o~ the ~atkm wtdtout a ~ A egrt~ed ~opy of su~ Orde~ shall
nmy be mfe~'ced in the stone manner ts a Coufl Judsment by ~be Sheriff's Ofrb~ of ~be
Stst~ lfa.q~t~rceO)momhsf~m ~ltn~m~lim,~elknremainsuni~d,~
the lien.
lfy~J need additional infoflnatJon, call
EXHIBIT A ..
EXF CUTIVE SUMMARY
OB~.CTIVE: For the Board of County ~m{ssioners to consider ~nd
take action on a petition to rename 2'~ Avenue S. W. in Golden ~ Estates
to Mahogany Ridge Drive.
CONSIDERATION.; Ms. Caroline Spounias is requesting a street name
change to Mahogany Ridge Drive from 2'~ Avenue S. W. in Golden Crate
Estates. The application from Ms. Spounias indicated the reason for the
proposed change is to "Better define the area as Logan Woods" which she
identifies as 2~, 4~, 6~ mid $~ Avenue S. W. in the Estates.
The Building Review & Permitting Department has received appro~ly
four telephone calls in the last week in opposition of this proposed change.
Also attached is one letter in opposition to this proposed change for your
review.
Staff finds no inconsistencies with this petition in ~ce with the
Addressing Ordinance 97-9. The petitioner has provided a minimum of
fifty percent plus one of the property owner~ in favor of this slxeet name
change.
FISCAL IMPACr: The fiscal impact to Collier County consists of a one
time cost to replace two street signs st appro~m~--ly $100.00 each. The
Transportation L'~m~ent will be responsible for changing these signs.
The funds are available in Fund 101, Cost Center 163630.
GROWTH MANAGEMENT IMPACT: None
RECO _MM~..NDATION: That the Board of County Corn_missioners ~
approve Petition SNR-97-6 to change 2~ Av~n.!!.~,~~w Mahogany 1~ dge ~'' ~
$UBMI'FI'ED BY~
BY:~ Date: ~/~ff?
APPROVED
O~T~$ l~Jg7
P.8, P~.
GATE ESTATE5
GOLDEN GATE ESTATES
.J 'OCT 2 8 1997
Henry~Laverne Clemmensen
4890 2nd avenue SW
Naples, FL, 34119
July 30th 1997
Dear Robert Salvaggio,
On tuesday August 26 1997, the Board of Commissioners
are considering approval of petftion SNR-97.6 of renaming
2nd avenue SW to Mohogamy Ridge DriVe.
I wish to inform you that we are against this change.
we would like 2nd avenue to stay as is.
~.~incerel y,
H~-~r~-C1 emmensen
.,-.~,J~P DAY OF
~ IGENTIFI~ATION
NOTARY PUBLIC
'C:
'2'~£ 0£ I~,£QUEST:
A~.c~ress:
Un~eco=~e8 ?lac:
,
?,/CO~;~AT~.O~S:
~0 'Ilt£ $OAIU:) O? COUI','~ CO:.~ZSSZO~lt$ 0~' COLLI'--?, COU~r~,
'I'TLT, 1.~'D~.P, SZG,~I) ~E£'~.~ZO~T.?,S 1~-?~.Z]s~ ?,T. qU£S'~' '~'~.~ ~OA.%0 OT'
C .C~2..IISSZO~£ILS ~0 C1~G£ TI~.T.. I,IA,.~. 0~' T~.T. TOLLO~"r-.t~G D~SC?J.I~ED
TO THE I~0AI~ 01' C0~¥ cO'.'~*'.~-",'.'-~c
........... :-...,
;lie U[;D-'-RSIG.~?O .~_r:'iTIC:;;.-..S :.:.:.:~:~y
C0'~-'II$SI0,~£RS TO CHanG-: T~.r NA2~_ 0.'* THE
2nd AVE. and Logan Blvd.
Foa T~E ~0LLOL'ING ~L~0:;(S):
TO IDENTIFY AREA BETTER THEN IT IS KNC~
_S IC;::ATUR£
JOHN AND ALINA SAVOREIKA
.~DR-:S S L---¢3: DISC.
ALL OF TRACT 15,G.G.l
ACCORDING TO PLAT
PUBLIC RECORDS OF CO~
S',.' r. · u /Wt r ..4.= 7'/,~
CO~:iSS'.,O~ET.S TO C'-~';,~-'_ TEE ::,..:Z ~.'- '..Z ' 'L~..:W~:;,T, ~-'SCRiB~ ~..
u~~~°~3;~''T-r~+ Iq
'OCT ~ 8 lg97
'F COLL:ZZ
FLO~2DA:
OCT ~ 8 1997'
DAT=.
3
4
$
RZSOLUTION NO. 97-.__..__
2O
21
22
23
24
RESOLUTIO~i REN~{~NG 24 AVENUE S.W. TO
'MAHOGANY R~DGE DR~VE', WHIC~ STREET IS
LOCATED IN GOLD~.I GATE ESTATES UNIT
IN SECTIOn: 9, TO'~ISHIP 49 SOUTH,
26 EAST, COLLI£a COUNTY, FLORIDA.
W~EREAS, ~he Board o~ Coun=y Co~nissioners is authorized pursuan~
au=hor£~Y of Chapter 336.05, Florida S=a=u=es, ~o name or rename
and roads, axcep: for ceztain s~a~e roads; and
t~E~, the Board of County Co~nissioners has been requested to
confirm the reflam[n9 o! 2~ Avenue $.~- ~o ~hogany Ridge Drive. This
s~ree~ is located in Sec=ion 9, T~ship 49 South, ~n9e 26 East,
Collier County, Florida, Golden Ga~e Es=a=es Unit 32, according ~o ~he
plat ~hereof, recorded in Pla= Book 7, Page 21, of ~he official Records
of Collier County,
WHERe. S, there aPPears ~c be no street in Collier county with this
name or any similar sounding n~e~ and
WBE~.S, i% is necessary for i~entifica~ion purposes ~o confi~
NO'~ T~;E~EFO~E, ~ ~7 ~.E~:L'~D ~'~ THE ~OARD OF COUNTY
OF COLL~ER COUNTY,
from 2
Mahogany R!dpe Drive and is ccnfi~ed as such.
20 Public Records of Collie-' Cou:.=Y, Florida, and noted upon the ~ps of
che street ,nd zoni~.~ a=iase~ cf Coll~ec County, and noca~ior, s ~de on
the r~ferenced Pla=.
2~ This Resolution ados=ed al:e= mo~ion, second and ~Jori%y vote.
~= Done Chis da~ of , 19}7.
BOARD OF CO~ C~ISSION~RS
34 ·
ATTEST' COLLIER CO~,
3~ ~W~GHT E. ,R~K, Clerk ~M~HY L.
3~
2s Suf ficie~cy'
40 Approved as ~0 Fo~ and Legal '
EXF~C~ SUMMARY
PETITION SIVa-9'/-7, CAROLINE ffI'OUNIA~ RF~~G A STREET
NAM~ CltANGE ~OM 4~ A~ ~W. ~ ~~D RO~
~~ ~ ~~ GA~ ~A~ ~ ~, ~ ~ON 9, ~~
49 ~~ ~GE ~ ~, ~LL~ CO~, ~~
~ For the Board of County Commissioners to consider ~nd take
action on a petition to rename 4'~ Avenue S. W. in Oolden C-ate ~ to
Carrotwood Road.
CONSIDERATION: Ms. Caroline Spounias is requesting a street/lame
change to Carrotwood Road fi.om 4th Avenue S. W. in Golden Gate Estates.
The application fi.om Ms. Spounias indicated the reason for the proposed
change is to" Better define the area as Lolpm Woods" which she identifies
as 2~, 4~, 6~ and 8s Avenue S. W. in the Estates.
The Building Review & Permitting Dep~ent has received approximately
seven telephone calls in the las~ week in opposition of this proposed change.
Also attached are four letters in opposition to ds propose change for your
review.
Stafffinds no inconsistencies with this petition in ~ce with the
Addressing Ordinance 97-9. The petitioner has provided a minimum of
fif~, percent plus one of the property owners in fisvor of this str~,t name
change.
FISCAL IMI'ACT: The fiscal impact to Collier County consi~ of a one time
cost to replace ~vo street signs at approximstely $100.00 each. The
Transportation Department will be ~ible for changing these sigl:l~.__~_~_. _ __
The funds are available in Fund 101, Cost Center 163630. ! ~a~.~_ :
I 00T z .-
m~.co~as~m~ATIoN: That the Boara of CounO' Commiss~onm'. ~i _.~_m ~
Petition SNR-97-7 to change 4th Avenue S.
~ BY:~
60L. OEN 6~,TE. ESTATES
P.8.
~2 25
22 2~
26 45
GOLDEN GAT[ ESTATES
UNIT 34
·
ASSESS~.ENT HAP
CO£L~Ea COUNTY, FLO
OCT 2 8 1997
CARROLL & CARROLL_.-
PHONE (G41) 775-1147
FAX (1)41) T75-2154
3'C;X,T 30, Xgg7
im. II:OB~IJZ,'f~LGGXO
~0lgGnrz.'X'T ~ S~YXCZS DXV'XSZOH
IiA.Y'LZS, FX,ORXDA 34X04
ZOOX~OF
Iq4ON~ 4t4~) ?TI---d?
CARROLL & CARROLL
fi[AL F.~T&T E A~)fl)3SERS
~I.TCX~S
l- L "~RNIE' CAUOLL
gM .Om. ~IM
00T 2 8 lgg7
Joyce C. Doedng
5010 Fourth Avenue SW
~ (941~ 4~)-59~2 Fix (94~) ~)2-2.317
August S, 1997
2800 Horseshoe Drive
Ntples, FL 33942
In rei~rds to Petition SNR-97-7 that would chan~e the name 4th Avenue S.W. to
Carrotwood Road, I am not m/stied with the name change.
Thank you for your attention.
Sincerely,
Golden Gate Estates, Unit 32, WIS0 ft. of tract 90, O.R. 893, Page 495
I OCT g 8 1997
54~5 4th Avenue, S.W.
Naples, Florida 34119
August 1, 1997
Hr. RobeL~c Salvaggio, Customer Service Supervisor
Collier county Government
2800 Horseshoe Drive
Naples, Florida 33942
Dear Mr. Salvaggio:
I would like to express my opposition to approval of
Petition S1TR-97-7 that would change the name 4th Avenue,
S.W. to Carrotwood Road.
First of all, the carrotwood is an invasive trash tree that
is likely to go the way of the melaleuca and the Brazilian
pepper as far as Florida agriculture is concerned. I dontt
want a street named after a known pest.
Second, the range of street names presented by the 2nd
Avenue, S.W. com~ittee varied from the sublime (Mahogany
Ridge Drive, Tamarind Ridge Drive, Sycamore Drive) to the
cutesy (Locust Lane) to the coarse (Carrotwood Road). The
four streets (Sth, 6th, 4th, and 2nd Avenues, S.W.) are to
be further designated as a conglomerate known as Logan
Woods. Three of the trees among the choices are not Florida
woods trees. Therefore, there is no common thread in the
spirit of the naming except for the fact of plant life.
Third, the only name among the five choices that had a truly
native, classy, and important ring to it (Mahogany Ridge
Drive) interestingly was awarded to the committee headst
street--2nd Avenue, S.W.
Four~h, the only street that in fact has a semblance of a
"mahogany ridge" is mine, 4th Avenue, S.W., which supports
three large mahoganies on the northeast corner lot.
Fifth, the prime mover for the petitioning, Hrs. Carrie
Spounias, has her home on the market for sale and is,
therefore, seemingly more motivated by "the opportunity to
enhance the value of our area" (words quoted from a
memorandum bearing her name) than by neighborhood identity.
I rill go along wit~ the wishes of my_street ~be~y~ ~
believe i~ democratic processes, put I suspec~ unere pr= a
number of other neighbors that are as bothered as I a~ b~T
what is happening.
Sincerely, ~i---~'--'~--
Mary :
tort, mameourf43T~from4 Avenue., $.W. toCArrotwood/toa& lwoublllkctogoenrtc~dmbcing
propooc~ or thc pctltion hr~c rancd to look a~..Lo~d.crm, c°'_u ~ O, mgbg d,c ,u~ omc vim mot
m~e the ~ anymore o~ le~ valnable and mat is w~=r thcy laU to see.
eutomatbca~ sormu? m_]~ ~-~ .F--- -.=_-._ ~,__----,.,_ ,, .~_-----,----_~_;._..~--y=a:m..._ ~. -., cem~x. Tldm d ddsy,nd
DJ.~£;"
'I'VE 0£ R,£QUEST:
LOCATZO~:
LECAL DESCR. IF"IION:
CC..'*'~I/NT$: '
TO 'i"blZ ~OA."a_n C:" COL~:~¥ CC':.2':::,!".::-Z?.,g C7 CO?..?.Z COLR;?~, £:.~?..T.?.,~:
,/
'OCT g 8
., y
o o
o.
DA;;'
I)CT ~ 8 lgg7
"- -' ... OCT ~ 8 lCjCj7
;~ ':;..; .'.. : '. : ' -
· -L .. .':~"' ..'.:' ".'. L '" '
OCT ~ 8 1997
1
4
S
R£SOLUT~ON NO. 97- __
RESOLUTION RENAMING 4t~ AVENUE S.~. TO
"C;LRROTNOOD ROAD', 1,114.~CH STREET ZS
LCX:AT£D IN GOLD£N GAT£ ESTATES UNZT 32,
2N S£CTION 9, TOWNSHIP 49 SOUTH, RANG£
2G £AST, COL~I£R COLr~Y' t~OR~DA*
20 #~£REAS, the Board of County Commissioners is authorized pursuant
~ to authority of Chapter 336.05, Florida Statutes, to name or rename
22 streets and roads, except for certain state roads; and
WHEREAS, the Board of County Co~issioners has baen requested to
24 confir~ the renaming of 4~ Avenue S.#. to Carrotvood Road. This
2s st:eat is located in Section 9, Township 49 South, Range 26 £ast,
24 Co~lier Cc:nty, florida, Golden Gate Estates Un£t 32, according to the
2~ p~a: theretO, recorded in Pla: Book T, Page 2~, of the Offic~a~ Records
~ of CoOl,e: County,
W~EREAS, there appears :o ~e co street in Collier County with this
20 name or any similar sounding name; and
W~[R~.S, it is necessary for iden:ification purposes to confi~
~ the na~e cf this st:ear,
NO~ T~:~EFORE, B~ 2: ~:S~LVZD BY THE BOARD or CO~TY CC:C~SS2G~RS
24 OF COLLiE~ COUNTY, ~.ORi~A:
25 The name of this s:ree: is hereby changed from 4~h Avenue S.~. to
26 Car:o:wood Road and Is c:nft~ed as such.
27 BE IT ~RTHER RESCUED fha: this Resolution be recorded in the
2~ Public Rec,:ds of Collie: Coun:y, Flc:ida, and noted upon the naps
~ :he s::ee: end zoning atlases cf Cci~ier County,
30 the teleran:ed Plat.
~: This ~.eso!u:ion ad:~:ed alta: notion, second and ~Jori:y vc:e.
~2 Pcne :his day of , 1~97.
ATTEST:
b~IGHT E. ~ROCK, Clerk
,3:3
:34
40
41
4:2
4:)
44
4S
BOARD OF COUNTY
COLLIER COUNTY,
TIMOTHY L. ~C
Approved as to Form and Legal
Sufficiency:
AGL
Mar~orie M. Student ' O.
Assistant County Attorney
EXECUTIVE SUMMARY
PETITION SNR.97-8, CAROLINE SPOUNIAS, REQUESTING A STREET
NAME CHANGE FROM 6th AVENUE S.W. TO TAMARIND RIDGE DRIVE
LOCATED IN GOLDEN GATE ESTATES UNIT 32, IN SECTION 9, TOWNSHII~
49 SOUTH, RANGE 26 EAST, COLLIER COUNTY, FLORA.
~ For the Board of County Commissioners to consider and take
action on a petition to rename 6th Avenue S. W. in Golden Gate Estates to
Tamarind Ridge Drive.
CONSIDERATION: Ms. Caroline Spounias is requesting a street name
Change to Tamarind Ridge Drive from 6th Avenue S. W. in Golden Gate
Estates. The application from Ms. Spounias indicated the reason for the
proposed change is to" Better define the area as Logan Woods" which she
identifies as 2"~, 4', 6' and 8' Avenue S. W. in the Estates.
The Building Review & Permitting Department has received approximately
three telephone calls in the last week in opposition of this proposed change.
Also attached is one letter in opposition to this proposed change for your
review.
Staff finds no inconsistencies with this petition in accordance with the
Addressing Ordinance 97-9. The petitioner has provided a minimum of
fifty percent plus one of the property owners in favor of this street name
change.
FISCAL IMPACT: The fiscal impact to Collier County consists of a one time
cost to replace two street signs at approximately $100.00 each. The
Transportation Department will be responsible for changing these signs.
The funds are available in Fund 101, Cost Center 163630.
GROWTH MANAGEMENT IMPACT: None
No. ~/
OCT 8
]~,ECOMMENDATION: That the Board of County Commissioners
o.
.I
F_~e~ ,~.rvic~s Divisk:,u Admiui,~,~x'
i .OCT ~8'L,q97 l'!
P.B. PG.
22 2t
22 2~
GOLO
GATE ESTATES
GOLOEN GATE ESTATES UNI~ 34
ASSES$~E.q'r
COLLIER COU~TY,
. [ ~T ~ 8 1997
July 28, ! 99'/
Mr. Robert Salvaggio
Customer Service Super,Asor
Collier Coumy Governm~t
Commur. J~ Development Set,Aces Di~sion
2800 North Horseshoe Drive
Naples, Florida 33942
RE: STREET NAME CHANGE FROM 6TH AVENUE SW TO TAMARIND RIDGE DRIVE
D~r Mr. Salvag, gio:
Please let this letter serve as notice that we are not in a~eemem to changing the name of our
street. After changing all of my credit cards, checks, banks accounts, etc. when the area code
changed and then the zip code changed, i do not ~dsh to !~o through a complete name change. I
find the address of 6th Avenue SW much more pleasant sounding and easier for people to
understand and takes much less time to write. I can't see an)' real purpose that this name change
will serve.
I hope you deny this request for a name change.
Very t_;uly yours,
dF
Beulah V. Ferguson
5380 6th Avenue SW
Naples, Florida 34119
State of Florida
County of Collier
JThe foxegoin~t instrument was subscribed, sworn to and acknowledge,el, before me this
day or .~rf~/,_c; ~ , 1997. by C. E&,;.ard F~guson and l~eulal) .~'. Fer_g~ckn. They
are nersonall;/knov~'n to me or v, ho produced ~.,.~.{., ~'-~'~/L/",~L~. ~::7,~0 as
iden';ification'and did take an oath.
My Commission Expires
DAT£~
'X'Y?£ 0£ REQUEST:
Mci:ess: '
Unrecorded
Acreage - Sect,.on:
'/ To,.mshf. p:
C~'24.Z~TS:
?rCO~R.~'DATZO.qS:
TH~- U~;D-'F. Si¢:;ZD .-,-_.=,.=::Z.:.=- ?~ -= .: :_ ? 'f .-"Z:.'fZET =".-.'-' 30A~J3 0£
C~."2:ZSSZO:;EF, S '~0 C~_;..';(::' ?F'.Z ::~.'-" .'.-', ?~Z ?=L'...'"Z.", ',., :'-SC?,2F,,ZD ~..
OCT g 8 lC~7
PI.
,OBT ~ 8
.OCT 8 8
/0
CC~-!'-SSZO:;-='RS 1'0 CE.;.::C.Z .-'.-'.Z..~--" .... ".: '" -~ ' .... "-
...... '- .',, ':="SCR~,ZD
CO~.;ISSIO~£RS TO CB, L~:G=. T?.-:' t:A:~ 0:' T!.:-= TC,'.'.Ci,:i.l~G D-'.T. SCI~IZ~:) ~,.
//~ SIC;::ATU~.£ A~O?.-:SS ,17.¢,?....t~tS¢.. '- ' .I)AT-.
·
IIII II II I~11 I IIII I I I I
X0:2~ 94~-353-2365 ~C ~C
~'T ~ °'"~
02
THE ;*CL'.C~;;.,~, ?,Z.~5¢::(.c):
lOCT ~ 8 1997'
OOT ~8 1997
,,,. /.~_
1
4
S
I
!
P£SOLU?ZON NO. 9?- .
2o #XERF. AS, the Board of County Cc=nissLona=a Ls authorLzed pursuant
2~ to luthor~ty of Chapter 336.05, FlorLda Statu~es, to name or rename
~2 stree=s and roads, except for ce:tl£n itl~t roads; and
#X£R~.S, the aoar~ of County Co~__f. ss~one=s has been requested to
~4 confirm the renaming of 6~h Avenue S.W. to Tamarind ittdge D=~ve. This
ts stree= ~s Iota=ed Ln Section 9, To~s%~p 49 Sou~h, RAnge 2G
2~ Collie= County, F~o=~da, Golde~ Gate ~s=ites UnL= 32, iccord~ng
2~ p~a~ =~e=eof, recorded L~ P~a= ~=ok q, Page 2~, of the Of~Lcial Records
lm ~ER~S, =here appears ~o ~e ~o s~=ee~ tn Collie= County v~h ~h~s
20 name or any similar sou~ding neme;
~[ WHER~S, ~ is necessary lc= tden:tftca=ton pu=pcses ~o conf~
22 =he name of =his
2~ NOW TH[REFOR[, B~ IT RESCL'iZD BY T~E BOARD OF COUNTY CO~ISSiONE~
2~ OF COLLIER COUNTY, ~ORiDA:
2i Tamarind Ridge Drive and ts con~i~e~ as such.
~ BE IT ~JRTHER ~SOLq~D [hf: =his Resolu=!on be recorded in the
=s Public Records of Collie= Cou==y, Flc:ida, and nc=ed upon =he ~ps of
=~ the s==ee= amd zoning a=iases c~ Ccil~t= Coun:y, and no=a=ions made on
30 ~he referenced Pla=.
31 This Resolution adcp:ed al:e: mc:ion, second and ~]ority vote.
32 Done ~his day of , 1997.
34
3S
31
3~
40
41
42
44
4S
ATTEST: BO~.~D OF COUNTY CO~V/~ZSSIONERS
COLLIER COUNTY, ~
DWIGHT £. BROCK, Clerk TIMOTHY L. COCK
Approved as to Form and Legal
Sufficiency:
Har~orte H. Studen=
Asa~atan= County A=torney
SUMMARY
'O,11/F./:ill/~For the Board of Comuy Cxnmnissloners to consider md take
action 6n a petition to rename 8th Avenue S. W. in Golden C-~ ~ to
Sycmnore Drive.
CONSIDERATION: Ms. Caroline Spounias is requesting a street name
change to Sycamore Drive from 8th Avenue S. W. in Golden Gste Estates.
The r4~plication from Ms. Spotmias indicated the reason for the pwposed
change is to" Better define the area as Logan Woods" which she identifies
as 2nd, 4~, 6~ and 8~ Avenue S. W. in the Estates.
The Building Review & Permitting Department has received appw~ly
two telephone calls in the last week in opposition ofthis proposed change.
Staff finds no inconsistencies with this petition in accordance with the
Addressing Ordinance 97-9. The petitioner has provided a mioimurn of
fifty percent plus one of the property owners in favor ofthis street name
change.
FISCAL IMPACT: The fiscal impact to Collier County consists of a one time
cost to replace two street signs at sppro~im~t_~-Iy $100.00 each. The
Transportation Depm-tment will be responsible for changhg these signs.
The funds are available in Fund 101, Cost Center 163630.
GROWI~ MANAGEMENT IMPACt: None ! ,,,~-e, o ~nv i~
· . i U~I ~o ~ /~[
REC~~ATION: That the Board of County Commism _o~'s. appmye 4 ~'~
Peti6on SNR-97-9 to change 8th Avenue S. W. to Sycamore Drive. _ "~. -" [~
Vbeent A. Churn'o, AICF
J
GJ, TE ESTATES
P.B. PG.
22 28
26 4~
GOLDEN GATE ESTATES
UNI'~ 34
£OL. LIE;I COU~;TY, FLE,.:
OCTS8 1997
·
~/SSS
RECEIVED
T~E OF
Acidness: '
LC)CATZOH: Subd£v~s~on:
Un~eco:ded
Ac:=eale - Sect:ion:
LF.~AL DESCRZPTZOZ~: ~'0~. b~'A/
ILKASOtl (l! applicable): -~ ~ "-~,"
.,.oo~.zss: 5'.~-~ / .-'/,~o/
~EC~ATZONS:
JOCT ~ 8 1991
TO'J. 'X'~£ X:'OXJ. O~'~¢ ~.~.kSO~(S)t
TO "Z1.IF. Z, OAILO OF COU~,'T7 CO:.~Z~$ZOl~'Ir.$ OF C01.1.I.'~. COU~TT~, TLO~,Z.DA=
~ Ulql}~Z~ I)]k'TII'IO~i:.~S F..-'_.~T_B! IO:~EST ~.Z BOA.VD OF CO~,ITY
C ,O~-.fl:SSIOIq£R.S TO CKAI~¢£ TH, E lqA..v,Z 0:' TI~ FOLLO%"I~G IIF, SL'~I:BI:1:)
Iii I II I J I ._ iii ......
'I0 Ti, iZ ZOA~I} OF COU};TY CO.~. I.~$101~rlt$ OF COtI.I.tl COUIlTI, II.O~II)A:
~ U~,SZr~, ZD PL'TITIOI~.~S ~r.?_~y Y.Z(~EST ~ ZO,UtO OF ~
CO~ISSIOIfEI~ TO CK~CE TU.£ ~AY.! 0~' T~Z FOLLO',,'T. lCG DT. SC~.IBZD ~..
Bill and Barbara Meyers
.5381 8th Avenue SW
LeGal Description of Property:
THE WEST 180 FEET OF TRACT 31, GOLDEN GATE ESTATES, UNIT NO. 32,
ACCORDING TO THE PLAT THEREOF, AS RECORDED IN PLAT BOOK 7, PAGES
21 /~D 22, OF THE PUBLIC RECORDS COLLIER COUNTY, FLORIDA.
'OOT ~ ii
1
2
R~SOLUTION NO. g7-
RESOLUTION RENAMING 8~ AVENUE S.W. TO
"SYCAMORE DRIVe", 14141CH STREET IS LOCATED
IN GOLD~I GATE ESTATES UNITS 32 AND 34,
ZN SECTIONS 9 AND 16, TOWNSHIP 49 SOUTH,
RANGE 26 EAST, COLLIER COUNTY, FLORIDA.
WHEREAS, the Board of County Co~issioners is authorized pursuant
22 to authority of Chapter 336.05, Florida Statutes, to name or rename
22 streets and roads, except for certs!n state roads~ and
#HERF.~, the Board of County Com~issionera has been ze~uested to
24 COflfiZ~ the renaming of 8~ Avenue S.W. to Sycamore Drive. This street
ts is located in Sections 9 end 16, Township 49 South, Range 26 £ast,
21 Collier County, £1orida, Golden Gate Estates Units 32 and 34, according
27 to the plat thereof, recorded in Pla: Book 7, Pages 21 and 6C, of the
Il Official Records of Collier County, £1orid&;
2~ WHE~:_AS, there ~ppe~s ~o be ~o s~ree~ tn Collier County vi~h ~his
20 name o~ any sinilar sounding name; ~nd
2~ K~ERD. S, i: is necessary for id~n~iftca~ton purposes to con~i~
22 ~he ~ame of ~his s~ee~,
22 NOZ TH!RivagE, BE IT R~SOLV~D ~Y THE BOARD or CatTY CO~iSSIONE~
~4 O~ COLLIER COUNTY, ~ORiDA:
2~ The name of this street is here~y changed from 8~ Avenue S.W. to
~i Sycamore Drive and is confirmed as such.
2~ BE IT ~JRTHER RESOLVED tha~ this Resolu~ion be recorded In the
21 Public Records of Collier County, Florida, and no=ed upon the ~ps cf
2~ =he s:ree; amd zoning a~lases of Cciller County, and no,arians ~de on
2: the reference/ Pla=.
2~ This Res:lucian adap:ed a~e~ ~::ion, second and ~3o~ity vo~e.
~= Done =his day of ., 1997.
2.1 ATTEST: ~'..ARD OF COUNTY .
2S COLLIER COUNTY, '.
" I 8 ,
2~'1l ~WIGHT E. BR~K, Clerk TIMOTHY L. )~~C~' C~__
40 Approved as to Fo~ and Legal
41 Sufficiency:
42
4~
4s Assis~nn= Coun=y A=~o=nty
EXECUTIVE SUMMARY
RF, CO~A~ON TO ADOPT A RESOLUTION APPROVING AMENDMI2qTS
TO TI~ FISCAL YEAR 1996-97 ADOPTED BUDGET.
OI~"TIV~: TI~ the ~ of Cou~ Conma~~ adopt the ~ re~olution
~ r~l~! ~n~lmc~r,~ which amend the fou~ ClUm~ of the Fiscal Ye~ 1996-97 ~pted
~ in accordance with Section 129.06, Florida Statutes.
CONSIDERATIONS: Section 129.06, Florida Stam~ define~ how ~n anmmi budget,
adopt~ by the Boaxxt, can be amended. Budget ~nendments that increa~ tha tmal
appmpfiafion~ of a fund over the adopted annual budget may be approved by re~olution of the
Board of County Commissioners after an advertised public hearing. Budge~ amendmen~
requiring such approval include the appropriation of can'y forward, interfund trznsfe~ and
supplemental revenue.
This is a public hearing to amend the budget for Fiscal Year 1996-97.
The attached resolution and the sununm3~ of the resolution have been advertised and have been
available for public review and inspection with the related budget amendments and executive
summa~ at the Office of Managemen! and Budget. The amendments and mmmary ~e
included herein by reference in the resolution.
FISCAL IMPACT: The amendments and executive ~ma~rie~ which we~ previously
considered and approved by the Board contained their respective fiscal impact stats'merits.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: That the Board adopt the attached resolution amending the Fiscal
Ye~' 1996-97 adopted budget.
Robin Bialkoski, Senior S~
R~-VIEW'~ BY:~ Da~:
Michael Smykowski, Management and Budget Director
OCT 28
Pi.
COUNTY OF COLLIER
NOTICE OF PUBLIC HEARING
COLLIER COUNTY, FLORIDA PROPOSES TO AMEND
ITS FISCAL YEAR 1996..97 ADOPTED BUDGET
All ~ parties are invited to attend a public hearing on this matter to be held on .1997
at 9:00 AM or soon thereafter, in the County Commissioner's Boardroom, 3rd Floor, Administration
Building, Collier County Government COn~, 3301 Tamiami Trail East, Naples, Florida.
A copy of the propcmed Budget Amendmenl Resolutions and back/round material will be available
for public inspection on weekdays between 8:00 AM and 5:00 PM at the Office of Management and
Budget, 2nd Floor, Adminiswation Building.
A final decision on the amendments will be made at this meeting.
Listed below are the amendments to be considered and their purpose.
Dwi/hi E. Brock, Clerk Board of County Commissioners
Collier County Florida
Timothy L. Hancock, Chairman
Budget Change Fund
Amend. Fund
No. No. Fund Title Amount Total
97-261 699 Criminal Justice Trust Fund 110,200 496,200
97-340 001
97-341 144
97-346 126
97-348 123
PURPOSE:
from FY 96.
To recognize carry forward
General Fund
PURPOSE: To recognize donations for the
Vegetable Agent's salary.
Isles of Capri Municipal Fire & Rescue
PURPOSE: To appropriate revenue from
surplus sales and Collier County Fire
MSTU for overtime and operating expenses.
Naples-Collier Metropolium Planning
PURPOSE: To recogaize MPO Plann~g
Grant - Federal funds for thc State Fiscal
Year 7/1/97 - 6/30/98.
Scrvices for Seniors
PURPOSE: To recognize grant money
awarded for in-home support services for
low income elderly residents of Collier
County.
12,000 110,541,698
13,180 161,460
340,400 464,400
32,173 948,145.96
AGENDA rrEu
OCT 2 8 1997
pg. ,,,2 .
II
Budget
Amend.
No.
97-349
Fund
No.
123
Fund Title
Change
Amount
4,149
Services for Seniors
Fund
Total
952,294.96
97-350
97-351
97-352
123
123
123
PURPOSE: To recognize grant money
awarded for the care of elderly Alzheimer
patients.
Services for Seniors (HCE)
Services for Seniors 0II-B)
Services for Seniors 01I-D)
PURPOSE: To recognize grant money
awarded for in-home support services for
Iow income elderly residents of Collier
County.
3,456.24
69,441.51
4,331.50
955,751.20
1,025,192.71
1,029~24.21
97-353
123
Services for Seniors
PURPOSE: To recognize carry forward to
offset mandated federal and state grant
reductions.
13,079
1,042,603.21
97-354
123
Services for Seniors
PURPOSE: To recognize County
contribution to make up for mandated cuts
on federal and state dollars.
45,385
1,087,988.21
97-355
113
Community Development
PURPOSE: To recognize fees collected for
reimbursement to North Naples Fire District
for Fire Plan Review Services.
75,400
11,828,500
97-361
306
Parks Construction CIP
PURPOSE: To recognize additional
revenue from the FL Boating Imp. Program
for Caxarnbas Park and Sugden Park.
221,868
3,143,330
97-363
306
Parks User Fees
PURPOSE: To recognize additional
revenue from the FL Bonting Imp. Program
for Bayview Park project.
178~32
3,321,362
97-370
408
CCWSD Operating
PURPOSE: To recognize surplus land sale
proceeds for the sale of property known as
Quail Creek.
50,000
55~48,960
AGEI~A IT~
OCT 2 8 '1997
Pg..,
Budget
Amend. Fund
No. No.
97-377 495
Fund Title
Airport Authority
Change
Amount
2o.~oo
Fund
Total
97-378 495
97-379 495
97-385 196
97-386 193
97-391 301
Airport Authority
Airport Authority
PURPOSE: To recognize revenue from
fuel sales for the purchase of additional fuel.
TDC - Economic Disaster
TDC - Special Events
PURPOSE: To recogniz~ additional
carryforward to fund an economic disaster
advertising program, if it is necessary.
Facilities Management Countywide ClP
PURPOSE: To recognize carry forward
from FY 96 for frequency coordination fees
(800 MHz radio system).
19,600
5,800
7,$00
4o,5?]
1,248,54.2
1,254,342
:25?,5O0
1,877,34:2
30,415,888
97-399 111
97405 001
97410 522
97411 OOl
97413 190
97424 226
MSTD General Fund
PURPOSE: To recognize additional
revenues for the purchase of a PEN Plotter.
General Fund
PURPOSE: To appropriate donations from
PENCO for improvements at Vineyards
Commurfity Park.
Motor Pool Capital Recovery
General Fund
PURPOSE: To appropriate funds for the
premature engine overhaul on the EMS
helicopter.
Misc. Florida Statutes Fee
PURPOSE: To appropriate unanticipated
handicapped parking fine revenue for minor
ADA compliance rextuirements in the jail.
1997 Capital Improvement Rev. Ref. Bond
PURPOSE: To establish a budget for the
Naples Park Drainage Assessment Bonds.
4,500
l 0,000
35,000
86,000
4,100
3,130,900
13,560,188
110,551,698
1,8o3,3oo
l ] 0,637,698
23,200
3,130,900
A6ENDA rfEM
.o. /-~ c(7)
OCT 2 8 1997
pg. ¥ _
Budget
Amend.
No,
Fund
No.
Fund Title
Change
Amount
Fund
ToUl
97437
97456
97457
97458
97-460
97461
97462
97-464
97476
97481
001
495
495
495
193
198
130
290
491
192
General Fund
PURPOSE: To recognize additional carry
forward in Criminal Jus6ce Trust Fund ~om
FY96.
Airport Authority
PURPOSE: To appropriate fuel sale
revenues for the purchase of additional fuel.
Airport Authority
PURPOSE: To appropriate additional fuel
sale revenues for the purchase of fuel.
Airport Authority
PURPOSE: To appropriate advertising
revenues to market the Marco, Immokalee
and Everglades Airports.
Tourist Development
PURPOSE: To appropriate additional
tourist tax revenues and transfer to the
Museum fund.
Museum
PURPOSE:
tax revenues.
To recognize additional tourist
Golden Gate Community Center
PURPOSE: To recognize donations for
summer camp programs.
1997 Special Obligation Revenue Bonds
PURPOSE: To recognize bond proceeds
that converted some of the variable rate
Commercial Paper debt to a fixed rate.
Emergency Medical Services Grants
PURPOSE: To recognize earned interest
for clothing/uniform purchases.
Public Guardianship
PURPOSE: To uansfer matching funds
from General Fund to Public Guardianship
for FY 96 as required by Ordinance.
0,200
66,2O0
3,100
10,600
10,600
700
13,000,000
460
22,319
1 ! 0,747,898
1,259,242
1,325,442
1,328,542
197,942
316,400
803,619
13,066,163
126,197.11
104,638
Budget
Amend.
No,
97-491
97-492
97-493
9?-494
97-495
97-496
97-497
97-498
97-499
97-5OO
97-501
97-502
Fund
No.
4~
4~
4~
4~
496
4~
4~
4~
4~
496
496
001
Fund Title
Ahgort AuthorRy Ch'ant
Airport Authority C-rant
Airport Authority Grant
Airport Authority Grant
Airport Authori~ Orant
Airport Auth~ty C-rant
Airport Authority Grant
Airport Authority Orant
Airport Authority Grant
PURPOSE: To appropriate grant and loan
proceeds to budget for grant revenue and
repayment of debt.
Change
Amount
Airport Authority Grant
PURPOSE: To recognize carry forward for
debt service payments.
Airport Authority Grants
PURPOSE: To recognize carry forward to
increase reserves.
General Fund
PURPOSE: To appropriate revenues
received which are in excess of the budget
to cover the cost to purchase materials for
special services.
24,000
80,000
24,000
20,000
144,000
12,000
16,000
15s~.oo
301,735
555,800
7,360
Fund
Total
3,867,643.37
3,947,643.37
3,971,643.37
3,991,643.37
4,135,643.37
4,147,643.37
4,163,643.37
4,321,843.37
4,361,843.37
4,663,578.37
5,219,378.37
110,755,258
AGENDA ITEM
OCT 2 8 '1997
Pg. G
....... ~1 m - -IIII I II II
!
2
4
6
9
10
12
13
14
J6
17
18
19
2O
21
22
26
21
22
33
37
38
39
4!
42
43
RESOLUTION NO. 9%BAR-S
!
A RESOLUTION PURSUANT TO SECUON 129.06(2),
FLO]L:tlDA STATUTES, TO AM~TD THE BUDGET
FOR THE 1996/97 FISCAL YEAR.
FtflqD
~F. CR. EAS£)
CARAY
FORWARD INCP, F. AS~
BUDGET OR. F~CR.EAS£ rNCKEASE INCR.EASE (DECR. EASE)
At, fl~ND~ FNT'ER.FU~D (DF. CRUSE) (DECR. F. AS£) (D£CR.F. AS£) i~"TE~
N'Z.D4~ER~ TRANSF~ RECEIPT EXPL"ND~ R~.SERVES TRANSFERS
699 97-261 110.200
00! 97.340
144 97-341 7.200
126 97-346 1,800
J23 97-341
123 97-349
J23 97-35O
123 97-351
123 97-352
123 97-353
123 97-354
J 13 97-355
306 97-36J
12,000 12,000
~,980 16,600
338,6OO 340,40O
32,173 32,1'73
4,149 4,149
3,456.24 3,456.24
69.441.5 ! 69,44 1.5 I
4.331.50 4.331
75,4OO 75.4O0
221,868 221
- 1 -
I i 0.200
0,420)
13,0'~
I 0CT281
2 4O8
4 495
$ 49S
6 196
'7 193
!
l0
Il 5:2:2
13 190
14 2:26
IS 001
16 ~9S
17
IS
19 193
21 120
23 491
31 496
33 496
3~ 496
FI-Y/O
97-379
9'7-386
9"/..40S
97.410
97..41 I
97-43?
97-4~7
9?-462
97-476
97-41 I
97-49S
40J71
OS,O~
.q4,1oo
110200
10,600
:~jI9
301,13.S
171,032
2ojo~
19,600
S J00
6.000
d.000
4,100
3,076,8~0
4,9G0
6620O
3,100
144,000
12,0(X)
16,C~
IS12~O
171,032
~,000
?)00
4joo
140,131
4,100
3,126,.S00
3.100
1~0
! 1,6~,6~0
46O
301,72 ~
26 001 ~7-S0~ ?J60 ?.260
~ BE IT Irt~THRlq ItF. SOt,VED ~hM ~ Ch~ b b~ orda~ md dimu~ to tprud tbb i
38 mbum olios meedn8 for IMU. mma~ ncord jn bb off, ce'
o 2 -
I I,?IX)
(121,000) 16,000
(19,126') OS.O00)
4.4~0
J J0200
39200
I0~
10.600
IJ6.~Jso
24,000
~2,0~
I~1,200
40,000
OCT 2 8 1997
2
3 DATE;D: ~
4
$ A~:
6 D~,'IGI~ L BP.C)C~ ~ ,
9
~2
1!
21 ~ C. Weil~l
22 Collier C,,,..~,-y Amx~/
- :3 o
AGENDA ITEM
OCT 2 8 B97
EXECUTIVE SUMMARY
PETITION NO. CU 97-19, MR. MICHAEL K. CORRADI REQUESTING CONDmONN.
USE "1" OF THE 'C-3" ZONING DISTRICT (INDOOR AMUSEMENTS) TO ALLOW
FOR A FORTUNE TEU. ER. PALM READER. ASTROLOGER AND SPIRITUAL
COUNSELOR, TO BE LOCATED AT 10401 TAMIAMI TRAIL NORTH IN NAPLES
PARK SUBDIVISION.
HI~OR[C/ARCiLAEOLOGICAL IMPACT:
8taft's nnal~is Indicates that the patilk)n(s property is located outside an ama of
histodcal and archaeological probability nm referenced on the olllclal CoBM' County
Proba~i~ Map. Therefore, no Historical/An~ical Suwey and ~ is
PLANNING COMMISSION RECOMMENDATION:
That the Board of Zoning Appeals approve CU-97-19.
GROWTH MANAGEMENT IMPACT:
Nolle.
FISCAL BffPACT:
None.
Adjacent properties contain retail commercial and pMacmal aa(vice bq~ that are
comparable or are more intensive in nature Itmn the p/opoled use. A Idllll vlilt rlwealed
and does not require improvements.
The Collier County Planning ~ reviewed It~ pMition on October 2, 1997.
and with a vote of 6-1 recommended approval.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP I~,~T~'
~ SENIOR PLANNER
. · REVIEWED BY:
CURRENT PLANNING SECTION
DATE
PLANNING SERVICES
~ A. CAU~RO, AICP, ADMINISTRATOR DATE
'~' I~MIdUNrrY DEVELOPMENT & ENVIRONMENTAL SERVICES
TO:
FROM:
DATE:
RE:
OWN~AGE~:
Owner:.
MEMORANDUM
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
September 2, 1997
PETITION NO: CU 97-19
~EQI.IE~TED ACTION:
Michael K. Corradi
1720 Gulf Shore Blvd. South
Naples, FL. 34102
The applicant IS requesting the approval of a conditional use for a fortune teller, palm
reader, astrologer and spiritual counselor.
GEOGRAPHIC LOCATION:
The subject property is located at 10401 Tamiami Trml North and is further described
as Lots 9 & 10, Block 7, Naples Park Unit 1, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
-The applicant is requesting Conditionel Use "1" of the "C-3" zoning district (Indoor
amusements) for a fortune teller, palm reader, astrologer and spiritual counselor. The
applicant is proposing to locate into an existing building and operate their fortune telling
buNne~. They am not propcming to build any addi6orml buildings or modify the existing
site.
SURROUNDING LAND USE AND ZONING:
North - Commendai buading, zoned C-3
East - US-41. Pelican Mar~h Devek3p~ zoned PUD
South - Commercial building, zoned C-3
OCT 2 8 1997
Consistency with this code and Growth MaMgement Plan.
The site in question is zoned 'C-3" and it is improved. Indoor recreations are
pmmitted as Conditional Uses in the C-3 district. The subje~ property is
designated Commemial which a~lo'.vs indoor ~.
None.
Surnm~rv Condustofl (Findinasl:
The use-in question is'pe~ within the Urban Residential dislzJ(~ This district
aJlows a multitude of commercial and esfvice uses, provided certain crite~a are
met. This request is deemed to be consistent with the requirements of the
Growth M~negement Plan.
Ingress and egress to property and proposed ~ructum~ thereon with
particular reference to automotive and pedestrian e, afety and convenience,
tnfffic flow and control, and access In ca~ of tim or cltlltl~d~.
Ingress and egress to the site am existing and them am no addRk)nal m:cesses
proposed in conjunction with this petition.
Con.' None.
_Summan/Conclusion (Findino_sl:
The ITE Trip Generation manual indicates that this site will gefmmte 55 trips on a
weekday. Based on this data, the site generated traffic wig not exceed
significan.~.e test standard (5 percent of the level of ~rvice LOS "G" design
volume) on 104~ Avenue or on US-41. In addition, the ~e ;attainted trips will
nat lower the LOS below the m~pted LOS "D" ~tandard for any .egrnent within
the project's radius of devek:)pm~ Influence (RDI).
Therefore, this project is consistent with Policy 5.1 and 5.2 of the Traffic
Circulation Element (TCE).
The effect the conditlon~l u~e would ~ on neighlxxtng properties in
relation to noise, glare, economic or odor
A fortune telling business should not generate any not~, glare or ado
-2-
OCT 28 lgg/
. ,
~.d~3:.None.
Summary_ conclusion (Findir~_s):
The proposed fortune telling business will have no negative
neighboring properties in relation to noise, glare, economic or odor.
Compatibility with adjacent pmperti# and other property in the dlstflct.
Adjacent properties contain retail commercial and personal service businesses
that are comparable or they are more Intensive in nature than the proposed use.
None.
Summary_ Conclusion (Findin_as~:
The use proposed here is a compatible use to the existing land uses surrounding
this site.
STAFF RECOMMENDATION:
Staff recommends that the CCPC fom~ard Petition CU
recommendation for approval.
97-19 to the BCC with a
-3-
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
-- J. MULHERE, AICP, MANAGER
CURRENT PLANING SERVICES
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING SERVICES
DATE[ \
VI~CF~NT CAUTERO, AICPT',",",",",",~DMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
PelEk:m Number:. CU-97-19
Staff Report for October 2, 1997 CCPC meeting.
NOTE: ~ Petit. ion has been advertised for the October 28, 1997 BCC meeting.
MICHAEL A. DAVIS, CHAIRMAN
-4-
OCT 8 1997
1
2
3
6
7
!
9
~0
Il
12
13
I$
R~SOLU~ZON ~7-
A RESOLUTION PROVIDING FOR THE ESTABLISHMENT
O£AR ARUSEMENTS ~ND RECREATION SERVICES
(FORTUNE TELLER, PALM READER, ASTROLOGER AND
SPZRITUAL COUNSELOR) CONDITIONAL USE "1" IN
THE 'C-3" ZONING DISTRICT PURSUANT TO
SECTION 2.2.14.3 OF THE COLLIER COUNTY LAND
DEVELOI~ENT CODE FOR PROPF. RTY LOCATED IN
SECTION 28, TOWNSHIP 48 SOOTH, PJ%N~E 25
FAST, COLLZER CO~T~Y, FLORIDA.
67-1246, Laws of Florida, Ind Chapter 125, Florida S~&~u~es, has
conferred on CollLer County the power =o establLsh, coordinate
enforce zoning ·nd such business regulations Is are necessary fo= the
pro=sc=ion of ~he publiC;
Development Code (Ordinance No. 91-102} which includes m
Compreh·nstve Zonlnq Ordinance es=·bltshtnq regulations for
zoning of pag=tcul·r g·oggaphtc divisions of =he County, ~__m~_ng which
is chi granting of Condttion·l Uses; and
~HF2tEAS, =he Collier County Planning Co~nisston, being Chi duly
· ppoinced ·nd constituted pl·nning bo·rd for the Ire· hereby
ConUl=ion·l Use '1' of Sec=ion 2.2.14.3 in ·n 'C-3~ zone for
Istrologer, ·nd spiritu·l counselor) on the property
descr/J~d, ·nd hll found il · Iai=tlr of f·ct (Exhibit "A"} that
s·=lsf·ctory provision Ind ·rrlngemen= have been made concerning
mpplicab~e matters required by slid regul&t~ons ·nd in Ic¢ozd~nce
with Subsection 2.7.4.4 of the Land Development Code for the Collier
County ~lnning C-'---tlsion; and
WHERF. AS, ·11 interested parties hive been given Ol~orctmity to
having considered 411 mit=ers
-1-
OCT 8 1997
NOg, TH£I~FOR£ B£ ZT )~gOLV~D, BY THE BO~D O£ ZONING J~PFJI~T~q o£
Co~e~ County, r~oz~
The pe~on f~ed by M~ch~e~ K. Co~d~ w~h ~em~c~ to the
~s 9 ~ ~0, Block 7, Naples Park Un~ ~ ~1 recorded ~n
Pla~ Book 1, Pa~e 106~ of Chi Public Records of Co~l~l~
County, F~oz~da.
· nd the s~ ~s hezeby ~zoved fo~ Cond~tion~L Use
2.2.~4.3 of the 'C-3' zonLng dLstr~ct ~o~ ~smnts ~nd
seduces (fo~une te~e~, p~ ~e~de~, ~st~olo~ez and
BE IT FIJRTH£R RESOLVED that this Resolution bi :ecorded in the
!~ minutes of th~s Boazd.
16 ~e Reeo~utLon ~d~ted ~ftec ~t~on, second ~nd ~o~ty vote.
l? ~ne this day of , 2997.
19
23
26 ATTEST:
2? i~,4IGHT £. BROCK, Clerk
Approved aa to Form and
32 ~gal Sufficiency:
35
36
Assistant County Attorney
BORRD 0£ ZONING APPr. AI~
COLLIER COUNT~, fLORIDA
BY:
TIMOTHY L. HANCOCK, Chairman
-2-
OCT 2 8 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-19
The following facts are found:
1. Sec:ion 2 ·2.14.3.1 of the Land Development Code authorized
the conditional use.
Granting the conditional use will not adversely affect the
public interest and wi11 not adversely affect other proper~y
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 s=ruc=ures
thereon with particular reference to automotive and
pedestrian safety and convenience, traffic flow and
control, and access in case of fire or catastrophe'.
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect canno~ be mitigated
D. Compatibility with adjacent properties and other
proper~y in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be reconmmended for
approval ·
DATE: CHAIRMAN:
ClOT 8 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-19
The following facts are found:
Section 2.2.14.3.1 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 proper~y
or uses in the same district or neighborhood because of:
Consis=ency 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:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible u~e within d/strict
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recon~nended for
api~roval .
DATE: MEMBER:
LAND
SURVEY
I
I
I
I
I
I
I
I
PETITION NO..~ ·
COORDINATING------'= ' ~ "PLANNER:~D~~ A~ DATE
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*:
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: -- - TOWNSHIP: -
~U~GS: T5
PROPERTY I.D. #: 06)6)00 g2 m,,/~FD
"..OD
SIZE OF PROPERTY: FT. X FT.
ZONING OF S~JE~ PROP~TY: ~A EXISTING ~D USE:
TYPE OF CO~ITION~L USg REQUESTED~ ,
ADJACENT ZONING ~D ~ND USE: 5PglTV~t ~~lKe, SPR,TuaL ~r~g$ ~.~
ZONING
N C~
Z uS41
LAND USE
-1-
OOT ~ 8 lgg?
Btaff recommendation to the Planning Commission and the
Planninq Commission recommendation to the Board of Zoning
~ppeals shall be based upon the folloving criteria. Pleas
~espond to the folloving criteria~
Is this request consistent with the Land Development Code and
GroUch Nanagement Plan? Y~
Ingress and egress to property and proposed structures ~hereon
with par~icular reference to automotive and pedes~rian safety and
convenience, traffic flo~ and control, and access in case of fire
or catastrophe: ¥6). ~:~, L~,~ ~M$ ~s~ /-~ m ~
The effect the conditional use would have on neighboring
properties in relation to noise, glare, economic and odor effec~c.
e
Compatibility with adjacent properties and o~her proper~ies in
district.
SIGNATURE OF PETITIONER OR AGENT
DATE
-2-
OCT 8 1997 '
If petitioner is a corporation other than a public corporation, so
indcate and name officers and major stockholders.
If petitioner is a land trust, so indicate and name name
beneficiaries,
If petitioner is a partntrship, limited partnership or o~her
business entity, so indicate and name principals.
If peri=loner is a lesee, attach copy of lease, and indicate actual
owners if no~ indicated on the lease.
If petitioner is a contract purchaser, attach copy of contrac=, and
indicate ac=ual owners name and address.
-3-
[OI T: 8 lgg7
·
LAND
SURVEY
£XHIBI?
m
NAPLES
PARK
DR A I NAGE
!11T)4
I101~ A~:
PROJECT AREA
1011)(
103~4 AY~:
I02~d
It
II
11
17U~ AVE
t~TH
!
1
PA~U~
NOTT,:
''''''---- INDICATES BOUNDARY OF PROJ~ ARF. A.
OCT ~ 8 1997
EXECUTIVE SUMMARY
PE'ffflON NO. CU-97-18, WR. LIAM L. HOOVt~ ~G MR. W. CHEIgrIAN ~
(CONTRACT M.q~:ItA~), RRQU~TINO CONDI~ONAL U~E "21" OF THB AGRICULTURE
SECNON I0, TOWNSHIP 48 SOUI'H, RANGE 23 EAST, COLLIER COUNTY, I:I.ORIDA,
~ OF 4.09 ACRF. S, MORE OR LESS. (COMPANION ITEM: V-97-7)
This petitioner seeks a conditional use for a "retail plant nursery" in a A~riculture zo-lng district.
CONSIDERATIONS:
The objective of this conditional usc petition is to allow for a retail and wholesale landscape nursery on
the subject 4.09 acre non-conforming lot of r~ord. The wholesale portion of the plant nursery and
landscape business__ is a permitted use within the Agriculutre ~ng Distri~ while the retail sales
portion requires a conditional use.'The wholesale ~ nursery facility is intended to be the
ptedom/nn~ function of the subject ~ taxi is expected to employ up to 15 persons at capacity.
The ~ plant nursery is intended for a smaller role and will only employ 2 persons at build-out. The
retsil sales fncility is located in the east~n portion of the site along Old US-41 and is intended to sell
fertilizers, plants, pesticides, mulch, decomive landscaping items, and hand tools. As noted on the
conceptual site plan, the project will be developed in two phases. Phase one allows for 8,305 square
feet offlonr ar~ for office, storage and main~nance buildings on .19 acr~s. The retail building will be
900 square feet. Phase two permits an additional 7,425 square feet of floor a~a for office and storage
traildings on .17 acres. The r~til sales area is limited to a maxhnum of I, 500 square feet of Imilding
buildings will have a finished exterior siding with an architectural shingle, metal, or tile mol.
Cot~tional uses require .~ finding based on certain criteria contained in Section 2.7.4.4 of the Land
Development Code. ~ of the potential impact,~ or considerations identified under ench of the
criteria ar~ categ~ as either pro or con as the case may be. A mmmary of the pro/cons is as listed:
A developmmt order approved that is
consistent with ~plicable elements of the
GMP and provisions of the LDC, must be
consideml on the positive side of condition=l
CON
The retail plant ~ use genentes mor~
t:,-.ffic than a similar sized wholesale plant
nursery use.
+ Intemit uS the u- c I
,gm, of Old US-4I may ~t
/
[ 00T 8
!
· The proposed ingress/cress should opaate
ndequatc~ and with an acceptable level of
safety.
· Du~ to the small size of the retail use, there
~ to, tt~ ope~on of'this conditton~ usc.
The incremenIal difference in the use of land
between · wholesale and a retail plant ~
does not give rise to any level of
to inconveniencins neighborhood residents.
· T~ nois~ end gl~rc nu~y result to
nc~ghbering properties during thc consmu~on
see sad lot width sinc~ this
lot was not legally created.
The Collier County Planning Commission reviewed this petition dttring their public hem'ing of October
2, 1997. The Connnission unanimously recommended that petition CU-97-18 be forwarded to the
Board of Zoning Appe~ by a 7 to 0 vote. No con'estxmdcnce for or against this petition has been
FISCAL IMPACT:
This petition by and of itself will have no fiscal impact on thc County. However, if this conditional
use 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 ere used to fund projects in the Capital Improvement Element
needed to maintain adopted levels of service for public fecilitics. In the event that impact fee
collections are inadccluatc to maintain adopted levels of service, thc County must providc supplements]
funds from other revenue sources in order to build needed facilities.
GROWTH MANAGEMENT IMPACT:
Adding another land use to the current "A" zoning classification, thru the conditional use process, does
nothing to change the relationship of this property to the FLUE to the GMP. The subject property is
loc. at~ within the Urban Residential Mixed Use District which authorizes any of the uses allowed in
the Agriculture zoning district includ~g retail plant sales. In all other respects this petition is
consistent with the GMP.
HISTORIC/ARCHAEOLOGICAL IMPACT:
Staffs analysis indicates that the petition~'s property is located outside an an~ of historical and
archaeological probability ss referenced on the official Collier County Probability Map. Therefore, no
Historical/Archaeological Survey and Assessment is required.
PLANNING COMMISSION RECOMbt~NDATION:
2
OCT :~ 8 199~
That the Collier Courtty Board of Commissioners approve petition CU-97-18. The Comn~a~m's
F'mdinp sre mmmmized as follows:
A. Consistency with the Land Development Code m~d C.m:mah Management Plan:
Yes 7 No 0
Xngre~s snd egress to proper~ snd proposed ~ thereon with para.ar reference M
smomotive and pedestrian safety snd convenience, traffic flow and control, and access in case
of fire or catarn~he:
Ye~ 7 No 0
2 No affect or 0 Affect miti~ted by ~
0 Affect cannot be miti~ed
· :i,, ,. Compatible use within district
,~':, Yes 2 No 0
PREPARED BY .
RAY BELLOWS
PRINCIPAL PLANNER
REVIEWED BY:
Compatibility with adjacent properties and other property in the dishlct:
DATE
~ ..... - DATE
~~~VG .~vIARNOLD, A/CT', DIRECTOR DATE
CT.,S DE~NT
.
COMMUNrFY DEV. AND EN%qRONMENTAL SVCS.
3
00T 8
AGENDA ITEM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLA.,~G COMMISSION
COIviMUNITY DE'v'ELOPIV~ SERVICF, S DIVISION
SEFI~ER ~, 199'7
PETITION NO: CU-97-18, RETAIL PLANT NURSERY
COMPANION ITEM: V-97-7
OWNER/AGENT:
Agar:
Mr. William L. Hoover
Hoover Planning Shoppe
2223 Trade Center Way
Naples, Florida 34109
Mr. W. Chrirdan Busk, ASLA (Conuaa ~)
816 Myrtle Terrace
Naples, Florida 34103
REOUESTED ACTION:
To obta/n conditional use "21' of the "A'
nursery facility.
Agricultural zoning district to allow for a retail plant
GEOGRAPUIC LOCATION:
The ~ubject propeRy is located on the west side of Old US--41 ~ 500 feet south of the Collier-Lee
County Line in Section 10, Town~p 48 South, Range 25 Ease (Se~ illu~'ation on the following
page)
PURPOSF_./DF-~CRIPTION OF PRO.IECT:
Th~ objective of this conditional u~ petition is to ~llow for ~ rmil and whol~ ~ tuareg'
on th~ a~bject ~.09 acre non-c, onforming lot of record. ~ wholeaalo porti .c~. ofth~~
portion ~ a conditional use. The wholesale landscape num=y is intemmded to t~ {t~ ~
OCT ~
nursery is intended for a smaller role and will only employ 2 per~ons at build-out. The retail sales
facility is located in the eastern portion of the site along Old US-41 and is intended to sell fertilizers,
plants, pesticides, mulch, decorative landscaping items, and hand tools. As noted on the conceptual
site plan, the project will be developed in two phases. Phase one allows for 8,305 squa~ feet of floor
area for office, storage and maintenance buildings on .19 acres. The retail building will be 900 square
feet Phase two permits an additional 7,425 square feet of floor area for office and storage buildings
on .17 acr~. The retail sales area is limited to a maximum of 1,500 square fcct ofbuilding mca. The
open space and natm~ areas comprise approximately 2.90 acres. The rctail and office buildings will
have a finished exterior siding with an architectural shingle, metal, or tile roof.
SURROUNDING LAND US£ AND ZONING:
Existing Conditions: The site is currently vacant and is zoned Agriculture.
Surrounding: North - Driving Range; Zoned: Gadaleta PUD.
East - Gulf Stream Lumber with outdoor storage; Zoned: Industrial.
South - Vacant residential; Zoned: Arbor Lake Club PUD (11.2 units/acre).
West - Developed residential; Zoned: Sterling Oaks PUD.
GROWTH MANAGEMENT PLAN CONSISTENCY:
This petition has been reviewed by the appropriate s~ff for compliance with the applicable clements of the
G;ov,'th Management Plan, as noted below:
Fnture Land Use Element: The subjec! property is designated Urban Residential on the Future Land Use
Element (FLUE) of the Growth Management Plan (GMP). This designation is intended to allow a base
density of 4 unit~ per acre. The district also permits non-residential uses such as churches, schools, essential
services and commercial uses. Since the proposed retail plant nursery is a conditional use in the Agricultm'e
district, this petition is consistent with the GMP.
Trtmc Circulation Element: The traffic impact review indicates that the re,ail plant nursery portion oftbe
project will generate 44 weekday mpa and 76 raps on a Saturday. The wholesale portion will generate 70
weekday trips and 60 trips on a Saturday. The total mpa for the entire site is 114 weekday trips and 136 trips
on a Saturday. These raps will not exceed the significance test standard (5 percent of the level of service "C"
design volume) on Old US.A1 fronting the project, lfl addition, the site generated Eps will not lower the
level of service below the adopted LOS "D" standard on any roadway segment within the project's radius of
development inflt~ence. Therefore, this petition is cortsistent with Policy 5.1 and 5.2 of the Traffic Circulation
Element fi'CE).
The TCE also classifies this segment of Old US-41 as a 2 lane collector road fronting the project. The current
traffic count for this segment is 9,415 AADT which results m LOS "C" operation. It should be noted that this
segment is not projected to be deficient at the build-out of the project. As a result, no road improvement is
required. Based on this data, this petition is consistent with the Policy 1.3 ofthe TCE.
Other Applicable Elements: Staff review indicates that this petition has been designed to account for the
necessary relationships dictated by the GMP. Mitigation measures and stipulations have been developed
(where appropriate) to ensure consistency with the GMP during the permitting
permitt~ by the approval of this petition will be subject to a concurrency review under the provisions of
Section 3.15 of the Collier County Land Development Code, Adequate Public Facilities, at the earliest or the
next to occur of either final SDP approval, £mal plat approval, or building permit applicable to this
development. Therefore, this proposed PUD amendment is consistent with the goals and policies of the GMP.
Staff has concluded that no level of service standards will be adversely affected by this amendment.
Appropriate mitigation measures and stipulations will assure that the County's inter,~m are maintained.
Comistency with the goals, objectives and policies o£ other applicable elements of the GMP sad level of
service reb. tionships are to be achieved by stipulations and/or development commitments made a pan of the
approval of this development order.
mgTORIC/ARCHAEOLOGICAL IMPACT'
Staffs analysis indicates that the petitioner's property is located outside an area of historical and
archaeological probability as referenced on the official Collier County Probability Map. Therefore,
no Historical/Archacological Survey and Assessment is required.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE:
The subject petition has been reviewed by the appropriate staff responsible for oversight related to the
above referenced areas of critical concern. This primarily includes a review by the Community
Development environmental and engineering staff, and the Transportation Services Division staff.
The Transportation Division staff has recommended that the applicant be responsible for the
installation of arterial level street lighting at the project entrance. In addition, the final access design
shall be subject to the review and approval of Transportation Services and requires a right-of-way
permit. The Community Development Services environmental staff stipulated that environmental
permitting shall be in accordance with the state of Florida Environmental Resource Permit rules.
The Current Planning Staff has coordinated a comprehensive evaluation of this land use petition
based on the criteria contained in Section 2.7.4 of the Collier County Land Development Code
(LDC). This evaluation is intended to provide an objective, comprehensive overview of the impacts
of the proposed land use change, be they positive or negative, culminating in a staff recommendation
based on that comprehensive overview. The below listed criteria are specifically noted in Section
2.7.4 of the Land Development Code thus requiring staff'evaluation and comment.
This criteria shall be used as the basis for recommendation of approval or denial by the Planning
Commission to the Board of County Commissioners. Each of the potential or considerations
identified during the staff review are listed under each of the criterion noted below, and arc
categorized as either "pro" or "con" as the case may be, in the professional opinion of staff. Staff
review of each of the criterion is followed by a summary conclusion culminating in a dete. imination
of compliance, non-compliance, or compliance with mitigalion.
a. Consistency with this code and Growth Management Plan.
Pro:
The subject site is designated Urban Mixed Use in the FLUE ofthe GMP. This district
3
OI T 8 1997
,
p~,.~its non-residential uses such as essential services and retail/commercial related uses including
plant nurseries. In addition, the proposed retail nursery is also perrnit~d in the Land Development
Code as a conditional use in the Agriculture Zoning District.
Con'. Not applicable in view of its consistency evaluation with the GMP and LDC.
Summary Conclusion CFindings): This petition is consistent with the FLUE on the Collier
County GMP. The proposed retail nursery is authorized in the Urban Mixed Use designated
areas in the FLUE and is also permitted as a conditional use in the Agriculture district while
the wholesale portion is listed as a permitted use.
Ingress and egress to property and proposed structnres thereon with particular
reference to automotive and pedestrian safety and convenience, traffic flow and control,
and access in case of fire or catastrophe.
Pro; The project's proposed ingress and egress from Old US-41 will not adversely impact
traffic flow. Due to the low traffic volumes and clear site distance from Old US-41, the
proposed access road should operate adequately subject to a right-of-way permit.
Con: Intensifying the traffic conditions at the intersection of Old US-41 and the project
entrance may at times give rise to inconveniencing neighborhood residents to the north and
south. However, due to the small size of the retail portion of the project, the traffic generated
as a result of this conditional use (44 weekday trips) will not significantly impact old US-41.
Summary_ Conclusion CFindin_es); Staff has reviewed the conceptual master plan submitted
with this conditional use request, and is of the opinion that due to the relatively low traffic
volumes generated by the nursery, the project's entrance should operate adequately and with
an acceptable level of safety.
The effect the conditional use would have on neighboring properties in relation to noise,
glare, economic or odor effects;
Pro: It is unlikely that glare or odor will be produced by the use due to the buffer and FP & L
easement to the west and the landscape areas to the north and south. Industrial uses are located
to the e~-~t.
Con.' Since thc subject site is non-conforming in lot area and lot width, the conditional use for
a retail plant nursery is contingent upon the approval of the companion variance application
(V-97-7). In addition, temporary noise and odor may result to neighboring properties during
construction of the proposed buildings.
Summary_ Conclusion ~indin?s); Thc orientation of the proposed buildings is such that they
are buffered from the adjacent driving range to the north. This will be au_~nented by the
nursery stock plus one permanent tree every 20 feet. In staff's opinion, the proposed use will
have limited negative effects on neighboring properties in relation to noise, glare, economic or
odor effects.
4
d.
Compatibility with adjacent properties and other property in the district.
~ The proposed use has been designed to minimize impacts on adjacent properties as well
as provide an aesthetic appearance along Old US-41.The site plan indicates tl~ only low
intensity or no intensity uses and buffer areas arc proposed along the south and west pmpe~
lines adjacent to residential uses. Most ofthe southern 1/3 of the site is intended primarily for
growing trees and shrubs. This area will also be planted with permanent trees at I per 20 feet
~ The retail sale of plants, fertilizers, pesticides, and other related items may negatively
impact the adjacent residential uses to the south and west due to increased noise. However,
these impacts will be mitigated with the proposed I0 foot wide buffer areas with trees that
will be planted with 1 tree per 20 feet along with the natural native vegetation that will be
Summary_ Conclusion fFindings~: The retail nm'sery use is compatible with the existing
industrial uses to the east across Old US-41 which also allows for outdoor storage of
materials. There is also an auto repair business to the northeast and a public self-storage
business. To the north is the Gadaleta PUD which contains the North Naples Driving Range.
The portion of the driving range (out-of-bounds area) provides a row of trees within a natunl
area that serves as a buffer between the two projects.
Abutting the southern property line is the undeveloped Arbor Lake Club PUD while to the
west is the Sterling Oaks PUD. This portion ofthe Sterling Oaks PUD is platted with 38 foot
wide lots for zero lot line villas. The project is designed to improve compatibility and to
minimize impacts on adjacent residential properties south and west. For example, the west
end of the project is designated es a wetland mitigation area that does not allow s~ctures or
storage areas. Most of thc southern 1/3 of the site is designated for growing trees and shrubs.
La.,'fly, the retail nursery portion of the project is also compatible with the wholesale nursery
portion which is a permitted use in the Agricultttre District.
STAFF RECOMMENDATION:
Staff recommends that the Collier County Planning Commission (CCPC) recommend approval of
Petition CU-97-18 for conditional use (21) of the Agricultu~ zoning district as otherwise conditioned
in the Resolution of Adoption.
OCT 2 8 1997'
I I IIII! III III I I
II i I I1~11 II II II
PREPARED BY:,
KEVI~W~ED BY:
akT~ ~
DONAI~D .AR.NO , DATE
G EEl;ICES D ARTMENT DIRECTOR
COMMUNITY DEV. AND ENVIRO~~ SVCS.
Petition Number CU-97-1~
St~'fRepon for Octob~ 2, 199'7 CCPC m~tins.
MICHAEL A. DAVIS, CHAIRMAN
STAFF R,EPORT/P. VBa'b
I I
COLLIER COUNTY ~.. -'
APPLICATION FOR CONDITIONAL USE REQUESTS ~'..-.
COORDINATING PLANNER: ~,~., ~,11,,..~ _ DATE RECEIVED
Ai licam Name (Agm~): Willi,m L. Hoov,. AICP. of Hoover Plarmin_~ Shou
Address: ~_O~{ C,m~ello Drive. # 220. Nmul~. FL 34103 Phone:4 -~Fax:
{nd W]lki~n & Associates. ln¢,
Addr~s: 3506 Exchmn_~e Ave,. Naules. FL 34104_ Phone: .~ Fax: ~-$173
Propmly Owner (P~tioner) Name and Address*: T{~rve~ Benefil Plan of lmueriml Homes
of Nau{es. Inc,. ARn. Daniel E, ConiC. Tru~ee. 868 99th Av~mu¢ North. Naules. FL
~ Phone: ~97-{316 Fax: 597-876!
Detailed Legal Description of Subject P~operty:
Section !0. Township 48S Range ~_~.~
The Sou~h Half of the Nor{h Half of the North Half of the Nonh¢,--~ ~er of Section
!0. Townshiu 48 Sou~h. Ranee 25 E~_~. lying W~m of C,R 887. {ess and ex¢¢~ the North
200 Feet, C0llicr CountY. Florida.
Property. Identification #: 0000000143520007
Size of Property.: { 3~' wiqle ;~ averaee of 1370' d~p = 4.09;1; Acr~
General Location of Subject Property:. The Western Side of Old U.S. 41.1/3 mile north
of Rail Head Blvd, and 500 feet south of the Collier-Lee County Lines. in North Naoles,
Zoning of Subject Property.: ~ Existing Land Use: Vac,.an! and veeetated
~h a mixture of trees and shrubs, includins~ some Cvuress tr~s (tgliliia.{i2-ga-l~
~vei;tem 1/2 of the site}.
Type of Conditional Use Requested: 21. Retail Plan! Nursery lima, would accomuanv a
lar~er wholesale nursery.
Adjacent Zoning and Land Use:
ZONING
N - Oa~}¢ta PUD
S - Arbor Lake Club PUD
E - Indusu'ial
W - Sterlin~ Oaks PUD
LAND USE
Oolf Drivinm Ran,,e with natural area
adiacern to subject _umuertv
V,~c~nt but aouroved for 246 M/F Units on
22 Acres ~_ densiw of 11.2 traits/acre
Gulf Str~_-m Lumber with outdoor stora_~e
{'10mes on U~U_ ical 38' x 140' lc
001' 2 8 1997
* If petitioner is a corporation other than a public corporations, so indicate and name
officers and major stockholders.
* If petitioner is a land trust, so indicate and name beneficiaries.
* If petitioner is a pm-mership, limited partnership or other business entity, so indicate
and name principals.
* Ifpetitioner is a leasee, ar, ach copy of lease, and indicate actual owners if no! indicated
on the lease.
* If pelitioner is a contract purchaser, attach copy of conlract, and indicate actual owner's
name and address.
Property. is Owned by.: (copy of deed attached)
Target Benefit Plan of Imperial Homes of Naples, Inc.
Daniel E. Conley is trustee and essentially the Target Benefit Plan is the retirement plan
for the employees of Imperial Homes of Naples, Inc.
Imperial Homes of Naples, Inc. is a private Florida Corporation with Raymond P. Benger
as President/Treasurer and Clark ,lensen as Vice.PresidenVSecreta~.
Property Under Purchase Comract by.: (copy of sales contrac~ attached)
W. Christian Busk, ASIA
816 Myrtle Terrace
Naples, Florida 34103
OP.,T 2 8 1997
t . ,,,.
NOTARIZED LETTER OF AUTHORIZATION
JUL g $ I,q97
RE:
Proposed Cond~ U~e and Variance Petitkm$ for an Approximate 4.9-J: Retail
Plant Nursery, Located on the West Side of Old U.S. 41, in SeclJon 10, T~
488, Range 25E, Collier County, Florida
Please be advised that Wil~ & A~ociates, Inc., 3506 Exchange Avenue, Napl~,
Florida 34104 and the Hoover Planning Shoppe, 2223 Trade Center Way, Naple~
Florida 34109 have been officially et)gaged by the folk:aving property owner(~) to act I~
author~ed agents and to request necesaary app~k~bna during the ~ ~ and
Variance petitiorra and related developmental/permitting ~ for the ~ubje~
project
Sincerely,
Imperial ~o~s Penstoa Eoldta~ Co.
STATE OF FLORIDA
COUNTY OF
1997 by D4-~ 'aL L
and who did (did not) take an
Notn~ Public, Stat~ of Fkx~Jn
No. ~
OCT 2 U 1997
HOO R PL ANNING SHOPPE
Ilt~ PUD's, Slge De~ Plans, ~orgl~le Houstng, ~~~ U~
T~~~~ ~ ~ V~a ~ ~ & ~ ~)
1997
2800 N. Horseshoe Drive
Naples, FL 34104
~ Submi~ of Condifion~ use for Busk & Associa~ ~ Plato Nunery
Dear Mr. Bellow,s:
The subject property is locauM on the wer,~-m gd~ of Old U.S. 41, ~ 5~ f~ m~
of ~ Col~-~ ~ Lm ~ 1~ ~le n~ of ~ ~ ~~ ~s ~
~ 4.~ ~ g~ ~ o~y 132 f~ ~ ~ ~ 1370 f~ ~. ~ ~! ~
~ A~~ ~ is ~!o~ ~e ~ is ~y ~ ~ a ~ of
~ ~ s~, ~l~g ~e ~e~ ~ (~~ ~ ~ ~ ~.
Christian Busk, ASLA, of Busk and Associates has the proper~ under pm'chase comract
for the pm'poses of a whole~e landscape nursery ove~ most of the site and · ~ plato
ma~-ry for ~e portion along Old U.S. 41. Bu~k and A~oc~ a~ in t~ bmine~ of
la~d~,apJng d~ig~ inst~llation, ~nd m~n~. The wholesale l~5~pe ~ i~ ·
Permitted Use within the Agricultural Zo~i-g District while the retail plant nursery is a
Conditional Use. The wholesale landscape nursery is imended to be the l~dominant
function of the site and is expected to employ 15 lan'sons at capacity. The wholesale
shrubs, until the rime of inmllation. Buildings would be ~ primarily for the
tsndscap~g tnstt~on~a~u~e equ~pmeut. Norma~ main~nau~ wotttd sao be
The retail nursery is imended for a lesser role with a maximm~ expected empl~ of
fertilizers, pesticides, mulch, decorative tmdscaping itena, snd hsnd tools. The sale of
as described within Section 2.2.2.3.21.b. of the Land Devel~ Code.
5051
botd~ the subject prolm'ty cam-emly has a row of tn~es within a mn~ area ~
C. mu~ Drive, Ssdte ~, N~oles, Fl~dda $4105 i~ne 941.405..~99 F~
th~ boundary of the 2 properties. To th~ northea~ a~ros~ Old U.S. 41, is an suto ~
and~llision~. Dir~-dy to the east, ac~'ossOIdU. S. 41, is GulfStr~amLmnber.
This ~ l~as a sabstant~ area utilized f~ ~ ~ To the ~ across
Old U.S. 41, is · public self. s~orage faciliq~. Almtting to the south is th~ nndevel~
~ ago for 246 multi-family units at a density of 1 l+ units/acr~ To the west is th~
mmheag portion of eg Sterling Oaks PUD. This portion of their PUD is platted with
residential lots, typically about 38 fe~t wide wi~h a depth of 140 feet 0ikely for zero-lot
line homes or villas).
The sim plan has been designed to minimi~ impacts on adjacem and neighboring l~'cels
as w~ll as to provide an aesthetic appeazance for motoris~ traveling Old U.S. 41. Since
the land abutting to the w~-t and to the south is zon~ for r~sidential uses, the site plan
shows only Iow to no intensity uses in those at~s. Mor~ ~~ tb~ w~',~m ~ of
the ~it~ is only ~ to b~ t=ilized for ~ mitigstion ~! u ~a F.P.L.F. asemem.
Most of the soutlgm 1/3 of the site is ~ iximarily for th~ grmving of trees sad
the pirating or' new permam~ trees (I per 20 feet where non~ exist) w~ a~t as a butf=
betweea the subject parcel and th~ pom'ble flm~ residential units that will develop ~o
the south. A small natural area is ~ to be saved ~long U.S. 41 which nlong wi~h
the stand~rd 15 foot wide Type "D" Buff'er will provide an nestlgti~ view for lnssing
motorists.
Sincerely,
HOOVER PLANNING SHOPPE
William L. Hoover, AICP
David Witkisoa, P.F-
~B~k, ASLA
R~Betaier
HPS File #161-A20
OCT 2 8 1997
~ .6 . -.:.~ -.'. .... Y A l~SOl,UTZOg .pROVZDZIIG FOR THE £STABI. ZS~
~ 7 OF ~ RETAIl, p~/~T NURSERY CONDITIO~ USE
.... '21'.IN TIiE ~'A# IOltlNG DISTRICT ~l~P,~OAii~ .TO ..
'~' ":[ : -2: '.-: -.$£CTIO~'2.2.2;3'k)£ THE COLLIER'~3~TY'~D '
-:- .9 '~"~":':' "DEVELO~ CO~ TOP, PROPERTY LOCATED Ill .
-23
'25
._
WHEP~, the C~nty pugsuant thereto has a~ted i ~nd
~vel~n~ C~e (Ordinan~&~Nol 91'-i02) Which incigdes'~'
Co~=ehensive ~onin90=dinince 'es~l~lishing re. Ii,ions
zoning of particular gaographic divisions of =he ..Councy, ~ng which
is Uhe gran=ing of Co~i{ional Uses; and . - ..
WHE~, =he Collier County Pla~ing C~ssion, ~ing =he duZy
affected,' ~as held a public hearing afcez notice is In said
regula~ions mde and p~ovided, and has c6nside=ed ~ht Idvislbilily
Condi~ional ~se '~1' of Section 2.2.2.3 in an 'A' zone
plan= nursery on ~he p=oper=y he=einaf~e= desc=i~d, ~nd has found as
~ ~==e= of fac= ([x~ibi~ "A") ~ha~ sa~isfac=o=y provision and
ar=angemen~ have been ~de concerning ~11 applic~ble M=~ers re~ired
by said regulations and in lccor~nce wi~h S~sec~ion 2.7.4.4 of ~he
~nd ~velo~en= C~e fo= ~e ~llie= Coun=y Planning C=ssion; and
~E~, ~11 in~e=es~ed parries have ~en given oppo=~uni=y ~o
be heard by ~his Boi=d tn a p~lic Me~ing isse~led and ~he Board
having considered all Mr=ers presented. ..
The petition filed by #111£am L. Hoover, AtCP, of Hoover
Pl&nning Shoppe and Wllkison & Associa~es, Inc., of representing
Target Benefit Plan of Imperial No, es of Naples, Inc., with respect
Exhibit "B" which is attached hereto and incorpora~ed by
reference herein
be and the same is hereby approved £or ¢ondi~ional Use '21' of
Section 2.2.2.3 of ~he "A' ~oning dis~ric~ for a re,ail plant nursery
in accordance with the Conceptual Halter Plan (£xhibi~ "C") and
subject to the following conditions:
£nvironmen~al permit~inq shall be in accordance with
the State of Florida Environmental Resource Permit
Rules and be sub~ect ~o review and approval by Current
Planning Environmental Staff. Removal of exotic
vege~ation shall not be counted towards mitigation for
impacts ~o Collier County Jurisdictional wetlands.
Buffers shall be provided around wetlands, extending
a= least fifteen (15} feet landward from the edge of
the wetland preserves in all places and averaging
twenty-five {25) feet from the landward edge of the
~e~lands. #here natural buffers are not possible,
structural buffers shall be provided in accordance with
~he State of florida £nvirommencal Resource Permit
Rules and be subject to review and approval by Curren~
Plannin~ Environmental S~aff.
An appropriate portion of native vegetation shall be
re~ained on si~e as required in Section 3.9.5.5.4.
CCLDC.
An exotic vegetation removal, monitoring and
maintenance ~exocic free) plan for the sate, with
emphasis on areas of retained native vegetation, shall
be submitted ~o Curren~ Planning £nvironmental Star!
!or review and approval p~lor to final site plas/
cons~ruc=lon plan approval.
The Pe~ltioner shall comply with the guidelines and
recom~enda~ions of the U.S. Fish and #lldlife Service
~USFWS) and Florida ~ame and Fresh #a~er £Ash
Commission ~F~F~F¢) regarding potential impacts to
protected wildlife species. Where protected species
are observed on site, a Habitat Kanagement Plan for
=hose protected species shall be submitted to Current
Planning Environmental Staff for review and approval
prior to final site plan/construction plan approval.
Although the proposed use ia not significant in terms
of projected traffic volumes, the use as a wholesale
opera~ion will result in a larger than average number
of heavy trucks and other types of large vehicle
movements into and out of the site. The access road
COld U.S. 41), is a two-lane major collector.
The County will reserve ~he ~ight
operation of this use and, if in the ap
the County, a s~ety or operational pro
evident, the installation of either or ~oth northbound
OCT 1997
7. The applicant shall be responsible fo= the installation
of arterial level street lighting at all proJec~
entrances at the time said entrances are constructed.
e. The final access geometry shall be sub, acc to reviev by
the ?zansportation Se=vices DeparUnent and shall
co a
BE IT ~TH~ ~SOL~D ~ha~ this ~esolu~ion ~ zeco~ded ~n the
~nu~es o~ ~h~s Board.
~s 2esoluc~on ad,ced after ~c~on, second and~oc~cY vote.
~ ~h~s da~ o~ ,,, 1991.
BOM~,D OF ZONZNG ~p~F. ALS
COt.~ZERCOUI¢'~, rLORZDA
BY:
TINOTtlY L. HANCOCK, Chairman
ATT£$T:
DWIGHT £. BROCK, Clerk
Approved as to Form and
Legal Suffic~.ency:
Har~c~le ~. Student
Assistant County Attorney
-3-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-18
The following facts are found:
1. Section 2.2.2.3.21 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 ~ No
B. Ingress and egress to property and pro~sed 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 ingres~ & egress
Yes ~ No
C. Affects neighboring properties in relation to noise,
glare, ecoDmmic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
Compatibility with adjacent properties an~ other
property in the district:
Compatible use within district
Yes u/No
Based on the above findings,
stipulations, (copy attached)
approval ·
this conditional use should, with
(~b~bd. qu~) ~ rec~n~ for
EXHIBIT "Am
Detail~ Legal Description of Subject Property:
Section I0 Township 41~S
The South H*_!f of the Nor'& Hslf of ihe .North Hs!f of the Northeast O~ner. Of Sectio
10.' Tow~hit) 48 $o~_h. RSn~e 25 E~i. Ivln~ West of C.R. 887. less and cxcevt the lqorl
200 F~'t, Collier County. Horida.
Property Identification #: 000000014}520007
Size of Property: 132' wide ;~ average of 1370' deep = 4.09-J: Acres
General Location of Subject Property: W ' 4 '
· '. '
Zoning of Subject Property: Am'icultural Existing Land Use:
with a ~ix!u~r~ of trees and shrubs, includini some C_vvr~ss tr~s (tyvfi'callv on th~'
western 1/2 ofthe site).
EXHIBIT
OC'i' S 8 1997
. ,,.
SUMMARY
I~'ITrlON NO. V-9'/-9, SUSA~ HEBEL WATTS OF WCI COMMU~'glF~
PARTNERSttlP, REQUESTING A 250 SQUARE FOOT VARIAN~ FROM THE
1000 SQUARE FOOT MINIMUM FOR MULTI-FAMILY UNITS TO ?$0 SQUARE FEET PER
t/Nfl FOR I~OPERTY LOCATED IN PELICAN MARSH EAST, IN SF.C'TION 2.5, TOWNSItlP
4S SOUT~ RANGF., 25 EAST, COLLIER COUNTY,
CONS~i:~TIONS:
multiplefamily~tmitsa~ 1000 ~luare feet. This petition seeksto reducethat r~to 750
square feet for any multiple ~ ~ that may be constructed on a 34 acre tract of land lying on
the south side of Immokalee Road w/thin that portion of the Pel/can Marsh PUD lying east of Airport
Road.
The Pdican Mar~h PUD ev,~li~h~ ~ tioor ar~ for nxdfiple family housing that ar~ ~ than
~ntion~ mfltiple fanfly ~ng districts. No d~velopm~ h~ oc. xxured on th~ moat ~ ~
of Pelican Mzrsh, therefore, no person's expectatio~ can be abridged if th/s vsfiance wer~ approved.
The~ relati~s can be asc~"c~! u constim~g special conditions and c~an~taa~ peculiar to the
location and characteristics of the land.
The applicant failed to recos~ that the panhandle portion of the Pelican Marsh Master Plan, and its
relationship to Immokalee Road and adjacent residential developmemt did not justify nor could support
the same standards as that portion of Pelican Marsh not affected by this location. Both east and west of
the property for which the variance is reque~ed lie residential developmems employin~ sinflar qualifies
ofdev~lopm~a to tht of thi~ petition.
The Collier ~ Plnnnins Commiu/on evaluated the requ/red find/rigs/'or the granting of variances
and concluded that a finding could be made to attthofize the granting of the variance u furd~
c:ondifon~.
The l~ Commi~t/on heard thh petition on October 2, 1997 ~md ~ (7 to 0)
recommended its approval to the BzA. No one spoke or othezwise communi~ any objeaion to this
~ISCAL IMPACT:
None.
OOT,t 8
GROWTII MANAG]~MENT IM1~ACY:
PLANNING COMMISSION RECOMMENDATION:
bATE
])ATE
2
OCT,8 1997
AGENDA ITEM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMIJNITY DEVELOPMENT SEKVICES DMSION
$EFIEMBER 2, I 97
PETITION NO: V-97-9, WCl CO~
PELICAN MARSH EAST
OWNER/AGENT:
WCI Co~es Limited Partnership
24301 Walden Center Drive, Suit~ 200
Bonita Sprinl~, Florida 34134
VARIAN _c~ REOUESTED:
. _ .__:_..~_..I,,.,,,,,,~ ;,, ,he Pelican Marsh Commum~. '1 ne recmcuon u m splay
muliiple f~ housing constructed on a portion of Pelican Marsh lying ~ ca tarpon ~ -
on lmmokslee Road bein$ some thirty-four (34) acres.
~.HIC LOCATION:
The property which the vtriance if grsmed will ~ply to b tim portion ofthe Pelican Marsh PUD lying
east of Airport Road and on the south side of Inm~slee Road containing some thirty-finn' (34) acres
(See ioca6on map following pa&e).
PURPOSE/DESCRIPTION OF VARIANCE:
nde of~~ ~ ~ ~ ~ ~ r~ ~-- - ~ ,]~ -- -'
I
SURRO~ING LAND USE AND ZONING:
Exisdng:
The ~e is vacant and zoned PUD for a mixed
use residenfal and commercial devetopm~
known a~ Pelican Marsh.
Surrounding: North -
Immo~ee Road, while the land to the north of
Immok~ee Pond i$ v~c, am and zoned RSF-3.
To the east lies ~FPL utility eamnent of 235 feet
and then the reserved ROW for R°ad-
This land is pm ofthe Pelican Ivlsrsh PUD.
The Ltnd is vacan~ and is pan of the Pelican
lV~-sh PUD.
We~t-
To the west lies ~ multiple family condominium
which is zoned RMV-6 ted · single fann'ly
devel~ know as Quail Woods which is
zoned RSF-2.
GROWTII MANAGEMENT PLAN CONSISTENCY:
The requested variance does not have an Lmpaa on thi~ property's consistency with the County's
Growth Management Plan.
~fflSTORIC/ARCltAEOLOGICAL IMPACT:
archa~lo~cal probab~ty as referenced on me om~a~ ~omer ~moy rmo m,y ,,~+,. Therefore, no
~st~cal/Archa~log~c~l Surv~ sad Assessment is requim~.
EVALUATION FOR KN~H~ONM~N'rAI-_ TRAN~RTATION AND INFRASTRUCrURE:
Approval of this variance request will have no effect on infn.m'ucture, tnnsponafion or the
e~ronment.
The Planning Commission ~s a~uory to the BZA sad miiizes the
(BZA) to 8rant ~., ............ to be -'--~
pfOVi~/O~ Of Sublectioa 4 (l.) .t]~0uBh (h) wl~ich .Ire ~
OCT 8 1997
Are there special conditions and circumstances exisflnj which are peculiar to the
location, size tnd characteristics of the land, structure, or bundlns involved?
The Pelican Marsh PUD establishes minimum floor areas for multiple fan'dly housing that are
larger than conventional multiple family zoninl~ districts, however, no development has
ocan-red on the most eastern section of Pelican Marsh, therefore, no person's expeaafions can
be abridged if tl~s variance were approved. These relationships can be a.~cn'bed as constittfling
special conditions and circumstances peculiar to the loc~on and ~cs of the land.
There ere no ~cums~.es, however, peculiar to size, suucture or buildings.
be
Are there special conditions end circumstances wbJch do not result from the sction of
the applicant such ts pre-existing conditions relative to the property whkb b the subject
of the vtrlance request?
No, however k is apparent that the applicant failed to recosnize tht the im:hndle portion of
the Pelican Marsh Master Plan, and its relations~p to Immokalee Road and adjacent residential
development did not justify or could support the same standards as that portion of' Pelican
Marsh not &ffccted by this location. Both east and west oftbe property for which the variance
is requested lie residential developmcnts employing similar qualities of devdopmen to that of
tl~ p~don.
Will a literal interpretation of the provisions of this land Devdopment Code work
unnecessary and undue hardship on the applicant?
Yes. The rrd~.~ floor area stancta~d in the Pelican Marsh PUD docume~ failed to establish
a minimum floor area in relationship to the bedroom composition of mulfip~ family traits. The
size of multi family units described in the PUD docmnent were based on condotniniums, which
bedroom/tw~b~ ~ ~ b~ units in the subject project ar~ in excess of
1,000 square fe~ m3d the overafl averqe square footage per unit for the project is in excess of
1,000 square feet. In fact the requested var/ance will only apply to certs/n types of spamnents
and not all of'the dweHin8 units which will make up the total development.
Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, buildinl or structure and which promote stambrds ecl'health,
safety or weft'are?
OCT 2 8 1997
f.
~one-bath ~ n~ 911 square feet. Ail other un~ wal oem ext,.ess oz ,, ~,---.
family zoning distr/cts.
the variance re(luested confer on the petitioner any special pFivile~e that b
d'~n--ted*"t~'th"ese zonins regulations to other lands, buildings, or structures in the same
zoning district?
No. The petMoner plana to amend the PUD for the entire portion of Pelican Marsh located
east of Airport Road to reduce the ~nimum multi-~ unit square footage from 1,000
square feet to 750 ~quare feet. At such time, the subjea site will be in confmmance with the
balance of the eastern portion of the PUD in which it is located. At the time it is devd~
..... ., __..: .... t' o.,;,..., Marsh west of Airport ~ ~ rn~am un~e~u .~..u~
opco ~ _ . . _L_ _:_.__ .._....,.~ foow~e to 750 ts consment with me
Will granting the.var?rice be in harmony with the intent and purpose of this zonln[
code, and not be :njunous to the neighborhood, or otherwise detrimental to the puMle
welfare?
Are there natnral conditions or pbyzic~ly ind.uced condO..ns_tl~__t _a~__e~__r'a~_,.d~?e ~oais
and objectives of the regulation such as natnrM pr~se~es, maes, ~ r~urs~ ~-
ponds with fountains while the petmoner ts addin8 goe courses mt. eacan A-.m3n ua
wm rrantins the variance be comistent with the Growth ~t lqan?
Yes. No chtnges ,o zoning density or setbacks are ~ request.ed.~_ ~T'~_ .c~'ent and post-
OCT 2 8 1997
4
STAFF RECOMMENDATION:
Staff recotmnends that the Collier Coun~ Plannhng Commission (CCPC) forward Pelition V-97-9 to
the BZA with · recommendation for approval a.s descn'bed in 0~e ar, ached Dra~ Resol~on.
REVI~A~ED BY:
CURRENT PLANNING MANAGER
D0 U OLD, aCP
m.~~ smwxc~s ~A~m'~ VI~CrO~
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
petition Number V-97-9
StaffRepon for October 2, 1997 CCPC meeting
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL A. DAVIS,
STAFF ~T/Ixl
OCT 2 8 1997 i
RESOLUTION NO. 97- .
RELATING TO PETITION NUMBER V-97-9,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
W~E~LEAS, the Legislature of the State of Florida in Chapter 125,
£1orida Statutes, hal conferred on all counties in Florida the power to
are necessary for the protection of the public~ and
Code [Ordinance No. 91-102] which .s=ablishes re~la=ions fo= ~he zonin~
of pa=titular geographic divisions of =he County, ~ng which
constituted Board of =~e area he=e~y affected, tas held a p~l~c hearing
s~are foot min~ loc multi-family units to 750 s~are fee= per
shown on =he at=ached plo= plan, Exhibit 'A~, in a ~UD zone ~o=
property hezeinaf=e= described, and has ~ound as a ~=er of fa~
sa=isfac=ozy provision and a=zang~en= have been ~de =once~in~ all
applicable mat=ers ze~ized by said ze~la~iona and in acco=~nce with
Sec=ion 2.7.5 of =he Zonin~ ~egula=ions of said ~nd ~valo~n= C~e for
=~e unincorporated a~ea of Colliez Coun=y~ and
WHE~, all ln=ezes=ed par=lea have ~en given o~z=uni~
hearO by =his Board in public meeting asse~led, and =he ~o~d havxng
considered Ail ~==ers presented=
NOW TME~FO~ BE IT ~SOL~D BY T~E BO~D OF ZONING APP~ of
Colliez County, Florida,
The Peri=ion V-97-9 filed by Susan He~l Wa~=s of WCX C~i~ies
L~ed Par=nerhip, with =esot= ~o =he pro. try hereinafter dea==i~d
~he =e~ized 1000 s~aze foe= min~ fo= mul~i-f~ly lni~l ~o 750
s~a=e fee= per unit as sh~ on =he a~ached plo=
OCT 8 19 7
~he P~ zoning d£s~ric~ ~here~n said proper~y ~s ~oca~ed. aub~ec~ ~o
a. D~ell£ng units consisting of one-bedroom/one-b&~h shall
be at leas~ S06 square fee~.
b. D~e~l~ng units consisting of ~o-b~d~oom/one b&~h
c. All o~hez un,ts w~ll ~ ~n excess o~ 1,000
B~ IT ~SOL~D chac Chis Resolution ~ela~nq Co
V-9~-9 ~ cecocded ~n ~he m~nuces oI Chis Board.
Th~s ~esoluc~on adopted aE~e~ motion, second and~oc~Cy
~ne chis day of , ~99~.
ATTEST:
DWIGHT £. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER CO~TY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
Msr3o:le M. Student
Assistant County Attorney
-2-
VARIANCE PETITION
(VARIANCE FROM SETBACK(S)
REQUIRED FOR A PARTICULAR ZONING DISTRICT)
8F-C VED
(ABOVE TO BE FILLED IN BY STAFF)
PETITION NO.
PROJECT PLANNER
PETITIONER'S NAME ~'~I Co~mmities Li~,~ted Par[Dersh/D
PETITIONER'S ADDRESS 24301 Walden Center Drive~ Suite 200
Bonita Sprin~-s, FL 34134 TELEPHONE 947-2600
AGENT'S ADDRESS sane as Petitio~pr
TELEPHONE
LEGAL DESCRIPTION OF SUBJECT PPC?~-RTY: LOT(S)
BLOCK(S)
SUBDIV ISION~Pelt-~c~n}mr~CTIO'7. __=____-= TWP · &8_~.,rH RANGE 2]Eas~.
(If legal description is l-ng%~y, i.e. metes & bounds
description, attach additiona~ pagel
CURRENT ZONING OF SUBJECT PROPERTY PUD
EXISTING LAND USE ON SUBJECT PROPERTY Vacant I,~nd
ADJACENT ZONING & LAND USE
ZONING LANDUSE
N County Road RO~ (Im~okalee Rd)
S PUD-Pelican liarsh
I~.~pkalee Road/C2 846
Vacant Land
E , PUD-April Circle
W RMF-6
~,_ltt-familv (Otmil Wond~ C~rtyards)
MINIMUM YARD REQUIREMENTS FOR SUBJECT PROPERTY
FRONT: . [,~A~ CORNER LOT: _(~YES (CIRCLE ONE)
SIDE: ~A WATERFRON LOT:~ (CIRCLE ONE)
ida
1
OCT 8 1997
NATURE OF PETITION
Provide a detailed explanation of the request including what
structures are existing and what is proposed; the amount of
encroachment proposed using numbers, i.e. reduce front setback
from 25' to 18'; when property owner purchased property; when
existing principle structure was built (include building permit
numbez if possible); why encroachment is necessary; how existing
encroachment came to be; etc.
The sub_iect ske is currently vacant. The develooer under contract with Petitioner for the sub_iect
_site plans a 360-unit Class A rental aoartment or~)iect_ which is permitted under the current PUD
_zoning. In order to be co,-n-~i, ive in the market r~e rer~al aoartmer~ market, one-bedroom/one-bath
and two-bedroom/one-bath units must be offered. Such u'nit .w?es are less than 1.000 square feet.
but the current Pelican Marsh PUD zoning requires that all multi-family units within the PUD be a
~-~nlmum of 1.000 ~.uare feet. Petitioner is therefore requesting a reduction in the minimum square
footage for the subject site from 1.000 square feet oer unit to 750 r, quare feet per unit. All two~
bedroom/two-bath and thr~-bedroom/t~vo-bath units in the pro!ect will be in excess of 1.000 square
feet. and the overall average unit size for the project will be in excess of 1.000 ~uare feet.
The s~Jbject site is located in Pelican Marsh East. which is that portion of Pelican Marsh east of
~rp. oft Road. Pelic,~n Marsh East is currently undeveloped except for the Pelican Marsh Elementary_
School. Therefore. no existing or future pro_iects in the portion of Pelican Marsh west of Airport
Road will be affected by the requested variance.
Petitioner has applied for a PUD amendment which includes a modification reducing the minimum
multi-family unit square footage in all of Pelican Marsh East from 1.000 square feet to 750 square
feet. However. Petitioner's PUD amendment application contains a number of additional reauests
_which also necessitate a DRI Develonment Order modification. The develooer of the proposed
subject project has received ali financin~z entombments and has already applied for permit approvals
~'ith the county_ (under the temporary_ name "Pelican Marsh Apartments"). The de', eloper will be
ready to commence construction in October 1997_ but the DRI modification orocess coulo
realistically take until the first quarter of 1998. Thus_ this variance is being requested so that the
developer can be~n construction of the subject project without having to wait the si_~ficant
additional time required for the combined PUD amendment and DRI Development Order
modification processes, which the reduction in ~uare footage alone does not tr~g_~er.
Please note that staff and the Collier County Planning Co~,.',~ission
shall be guided in their recommendation to the Board of Zoning
Appeals, and that the Board of Zoning Appeals shall be guided in
its determination to .approve or deny a variance petition by the
below listed criteria (1-6). (Please address this criteria using
additional pages if necessary.)
1. Are there special conditions and circumstances existing
which are peculiar to the location, size and characteristics
of the land, structure, or building involved.
The subject site is located directly abutting the south side oflmmokalee Road. An affordable
re~a] anartment pro_~ect exists to the east of the site. and a for ~de multi-family pro_iect exists
to. the ~,est. The proposed project is. therefore, consistent with adjacerrt land uses. The land
to the south of the site is currently vaca~_t. ~,nr~na rrru _
g 8 1997
2
Are there special conditions and circumstances which do not
result from the action of the applicant such as pre-existing
conditions relative to the property which is the subject of
the variance request.
Rental anartment residences_ which consistently include one-bedroom/one-bath units and
frequenti? two-bedroom/one-bath units, were not ori~nally planned in the Pelican Marsh
PUD Petitioner wants the developer to be glowed to provide such residences on the subiect
~ite. which is located in the "oanhandle" oortion of Pelican Marsh £ast. Petitioner has also
submitted for a PUD a~endment which would allow multi-family units under 1.000 sauare
feet to be develoned in the balance of Pelican Marsh East.
o
Will a literal interpretation of the provisions of this
zoning code work unnecessary and undue hardship or create
practical difficulties on the applicant.
yes_ The size of multi-family units described in the PUD document were based on
condominiums, which _t~. ically contain two or more bedrooms and bathrooms in each unit.
In order to be competitive in the luxury_ rental apartment market, one-bedroom/one-bath units
and two-bedroom/one-bath units must be offered_ which are less than 1.000 square feet. All
two-bedroom/two-bath and three-bedroom/two bath units in the subject project are in excess
of 1_000 square feet. and the overall average ~uare footage per unit for the project is in
excess of 1.000 square feet. The developer of the subject project will be ready to begin
construction in October. It would create a hardship for the developer not to be able to provide
unit _r~. es containing less than 1.000 square feet. and for the develoner to wait for Petitioner's
PUD amendment and DRI Development Order modification processes to be completed before
beimz able to commence construction on the project.
Will the variance, if granted, be the minimum variance that
will make possible the reasonable use of the land, building
or structure and which promote standards of health, safety
or welfare.
yes. The only units which will contain less than the current PUD minimum souare footage
requirement are the one-bedroom/one-bath units at 806 ~uare feet and one building oftwo-
~droom/one-bath units at 911 square feet. Ail other units will be in excess of 1.000 ~uare
feet. The one-bedroom/one-bath and two-bedroom/one-bath units are consistent with other
market rate rental apartment projects currently existing and under con~
Coun _ry.
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.
~o. Petitioner olans to amend the PUD for the entire portion of Pelican Marsh located east
0fAirpo. rt Road to reduce the minimum multi-family unit square footage bom I_000 sauare
feet to 750 smlAre feet. At such time_ the su~ect site will be in conformance with the balance
of the eastern portion of the PUD in which it is located. At the time it is develooed_ the
subject project will be the first residential project in Pelican Marsh l~sst. The currently
developed portions of Pelican Marsh west of Airport Road will remain unaf~
Th. of,h. roo,.o, ,o
Collier County_ Land Development Code zoning re~lations.
3
OCT 8 1997
Will gran=ing =he variance be in harmony wi=h the intent.and
purgose of this zoning code, and not be injurious to the
neighborhood, or otherwise de=rimental to =he public
welfare.
Yes_ The proposed change is consistent with the Collier Coun _t), Land Development Code.
the Coll~er Count),_ land use plan_ the Collier County zonine atlas, the surroundln~z land uses.
~d other market-rate rental aoartment pro_iec~s in Coll~er Count.
Are =here natural condi=ions or physically £nduced
conditions that ameliorate the goals and objectives of the
regulation such as na=ural preserves, lakes, golf course,
etc.
Yes. A wetland area is located on the eastern portion of the sub_~ect site wl~ch will be
unaffected ~ the propo, sed project
is also creatimz two on-site retention oonds with fountains, p~titio~"~ will be addine eolf'
courses in Pelican Marsh Ea~ south of'the subject
Will granting the variance be consistent with the growth
management plan.
Yes. No changes to zoning densiw or setbacks are being requested. The current and post-
radiance zoning is consistent with the Future Land Use Element ofthe Growth Mana~emen!
Plan_ which is desi~ated as Urban Residential per the Collier Count~ I~nd Use Ma-os.
1997
AFFIDAVIT
I, ~%~ ~e~ ~~ being first duly sworn, depose
and say that I am the owner of the property described herein and
which is the subject matter of the proposed hearing; that all the
answers to the questions in this application, and all sketches,
data, and other supplementary matter attached to and made a part
of this application, are honest and true to the best of my
knowledge and belief. I understand this application must be
completed and accurate before a he~rSng can be advertised. I
further permit -----~ to act as my
(AGENT'S
representative in any matters regarding this Petition.
SIGNATURE OF OWNER
State of Florida
County of Collier
The~foregoing .Agreement Sheet was acknowledged before m.e this
, who is per~bnally known to~' ....
as identification and who di~did not) ~ake an oath.
CYNTHIA A. OEVITO
COMMI~$<)N I CC 312654
EXP,~E$ 5EP 2. 1997
AI,,~,< ~.di~ CO.. Inc.
a00-732.2245
State of Florida
County of Collier
~natu~e' of--N0t~rY Public)
-- NOTARY PUBLIC
Commission # ~_.C%~~+
My Co~ission Expires:
....
~Z~~ O~ ~N~
The foregoing Agreement Sheet was acknowledged before me this
day of , 1996 by
__, who is personally known to me or who has produced
as identification and who did (did not) take an oath.
(Signature of Notary Public)
VARIANCE APPLICATION/md
NOTARY PUBLIC
Commission #
My Co_~_ission
00T28 1997
RESOLUTION NO. 97-
RELATING TO PETITION NUMBER V-97-9,
FOR A VARIANCE ON PROPERTY HEREINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
W~REAS, the Legislature of the State of Florida in Chapter 125,
Florida Statutes, has conferred on all counties in Florida the power to
establish, coordinlte &nd enforce zoning and such business regulations as
are necessary for the protection of the publict and
I(H~REAS, 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
WHERF.~, the Board of Zoning Appeals, being the duly elected
constituted Board of the area hereby affected, has held a public hearing
after not,ce as in said regulations made and provided, and has considered
the advisability of a 250-square foot variance from the required 1000
square foot m~nimu~ for multi-family units to a 750 square foot minimum
per unit as shown on the attached plot plan, £xhibit "A~, in the Pelic&n
Harsh PUD zoning district for the property herein&fear described, and
found as a matter of fact that satisfactory provision and arrangement
have been made concerning all applicable matters required by said
regulations and ~n accordance with Section 2.7.5 of the Zoning
~egula=lons of said Land Development Code for the unincorporated area of
Collier County~ and
WH£RF~, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented~
NOW THEREFORE BE IT RESOLVED BY THE BCl~D OF ZONING )t~PF. ALS of
Collier County, Florida, that:
The Petition V-97-9 filed by Susan Hebel Watts of #CI Communities
with respect to the property hereinafter described
Limited
Exhibit 'A~
be and the same hereby ia approved for a 2S0-squa=e foot variance from
the required 1000 square foot minimum for multi-famil
-1-
OOT 8 1997
·
square foot nininum per unit as shown on the attached plot plan, Exhibit
'G', of the PUD zoning district wherein said property is located, subject
to the following conditions:
a. D~ellinq units consisting of one-bedroom/one-bath sha1l
be at least 806 square feet.
b. I~elling units consisting of two-bedroom/one bath shall
be at least 911 square feet.
c. ~11 other units will be tn excess of 1,000 square feet.
BE IT ~SOLVED that ~h~s Resolution rela~nq ~o Pe~on N~er
V-9~-9 ~ recorded Ln ~he ~lnu~es of ~h~s ~ard.
~s Resolution ad~ed ~e~ ~ion, second and ~Jor~y vo~e.
~ne this day o~ .., 199~.
ATTEST:
D~IGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. HANCOCK, Chairman
Approved as to Form and Legal Sufficiency:
ldar~odie M. Student
Assistant County Attorney
-2-
OCT 2 8 1997
/'7
Legal Description
Net 20 Acre Pa-eel
A Portion of Pelics. n Marsh East
Secdon 25, T. 48 S., R. 25 E.
Collier, County,
A' tract or parcel of land lying within Section 25, Township 48, South, Range 25 East,
Collier County, Florida and being more paniculaxly described as follows: i
Commence at the northeast comer of said Section 1~$, thence run S 02'07'14" E, along
the east line of said Section 25, for 100.03 feet to a point south right.of-way line of
Immokalee Road (S. R. #846) (100 feet wide), said south rift-of-way line also being the
north line of a 50 feet wide easement for toted right, of-way, drainage, utility and
maintenance purposes granted by Westinghouse Communities of Naples, Inc. to Collier
County and recorded at Official Record Book 1710 at page 379, Collier County public
r~cords and the POINT OF BEGINNING.
From POINT OF BEGINNING run S $9°i4'22'' W, along said south
right-of-way line of Immokalee Road and along said north llne'of said
easement, for 1325.55 feet to the west line of the East one-half (£ ~)
of the East one-half (E ~2) of said Section 25; thence run S 01°~7'3I''
E, along said west line, for 1116.80 feet; thence run N 89°14'22'' E
for 1328.71 feet to the east line of said Section 25; thence mn N
02e07'14" W, along said east line of Section 25, for 1116.87 feet to
the POINT OF BEGINNING.
Containing 34.02 acres of land, more or less.
Subject to the above described easement recorded at O. IL Book ! 710
at page 379, a FP&L easement 110 feet ,.vide recorded at O. R. Book
160 at page 270, a FP&L easement 125 feet ,,vide recorded at O. R.
Book 432 at page 720, the future right-of-waY for Livingstoa Road
and other easements, reservations or rcsthctions of record.
Bearings axe derived from a bearing of S 02e07' ! 4" E along the east line of Section 25,
Township 48, South, Range 25 East, Collier County, Florida.
il
I
C)
' kJllllllU IIIIIIUlliIJ
Exhibit" B"
9 ? ..9
WCI COMMUNI~ LIMITED pAR~HIP, a Delaware limited pmmership
Class A Limi',~ Panner.
Class C Limited Parma:
Investors of WCI, Inc., a Delaware corporation
24301 Walden Center Drive, Borgia Springs, FL 34134
Communities Investor Limited Pannenhip
140 South Dearborn, Suite 1100, Chicago, IL 60603-$2g$
Donald Ackerman & Al Hoffman
24301 Walden Center Drive, Bonita Springs, FL 34134
E. Leslie Peter
510 Vonderburg Drive, Suite 3000, Brandon, FL 33511
EXECUTIV~ ~UMMARY
I~'TmON ~O. CU ~?-~0. WC~I'ORI~ C~U~ PJ~PR£S£NI'ING HOUS£ OF PR~YER
OF THE LIVING GOD REQUESTING CONDmONAL USE '3" OF THE 'VR' ZONING
~~"T TO ALLOW FOR A CHURCH AND CHURCH RELATED SERVICE8 TO BE
.i ~ L .OCA. _TED..~T 819 NORTH NINTH STREET IN IMMOKALEE.
buldlng ~ be Improved to accommodate the proposed use.
Adjacent properties contain a mixture of residential and commemtal. Ttmm are re=me
commercial uses in the vicinity of the proposed church, such a~ conven~ More,
motel, lounge, restaurant, etc., which are more Intensive in nature than the pmpoaed
use. This church is replacing a convenience store/bar, which was clomM by CoBer
County Code Enforcement and the 8hertff's Department after years of complaints from
the neighbors.
This church will hold services on Sundays and Wednesday evenings. Most church
members live within the vicinity of the church and a great number of them will walk to
the church, thus reducing the amount of vehicular traffic and aosodated noise.
The Collier County Planning Commission reviewed this petition on October 2, 1997,
and with a vote of 7-0 recomn'mnded approval.
FIBCAL IMPACT;
None.
GROWTH ~GEMENT IMPACT;
Nolte.
HI~I'ORIC/,ARCHAEO LOGICAL IMPACT;
8taft. analy~ indicates that the petitione~', property is located outside an area of
hiMOrlcal Ired archaeological probebility as referenced on the official CoBer Cmmty
Probability Map. Therefore, no Histodcal/Archaeologlcal Survey and ,A~el~mrmnt is
required.
OCT 8 lggZ '
~ COMMISSION RECOMMENDATION:
That the Board of Zoning Appe~ approve CU.97-20.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
DATE
REVIEWED BY:
ROBF..~ J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
2
AGENDA ITEM ~?-0
MEMORANDUM
TO:
COLLIER COUNTY PLANNING COMMISSION
FROM:
COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE:
September 9, 1997
PETITION NO: CU 97-20
OWNER/AGENT:
O, wrter:.
House of Prayer of the Living God
CIO Victoria Carr
619 North Ninth Street
Imrnokalee, FL. 34143
REQUESTED ACTION:
The applicant is requesting the approval of a conditional use for a church and church
GEOGRAPHIC L~
The subject property is located at 401 2"~ Street South in Immokalee and is further
described as Lots I & 2, Block 2, South Immokalee Heights, Collier County, Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The applicant is requesting Conditional Use '3' of the 'VI:l" zoning district. The applicant
is proposing to locate into an existing building and operate their church and related
services. They are not proposing to build any additional buildings. The site and the
building will be improved to accommodate the proposed use.
SURROUNDING LAND USE AND ZONING:
Existing:
- Vacant commercial, zoned VR
Sun'ounding:
North - Residential & Cornmemtal, zoned VR
East - Convenience ~ore, zoned VR
South - Residential, zoned VR
West - Vacant, zoned VR
-1-
....... ,, .. ~ ii · -- IIIIII III I
il
NO.
OCT ~ 8
all
STAFF ANALYSIS
Conslatency wtth thla code and Growth Management Plan.
the VR district. The subject property m oes~gnam<~ ~,
None.
Summary_ Conclusion (Findinqsl:
The use in question is permitted within the Mixed Use Residential. This diet, ct
allows some commercial and service uses, provided certain criteria are met. This
request is deemed to be consistent with the requirements of the 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 cat~etrophe.
Ingress and egress to the site are existing and there are no additional accesses
proposed in conjunction with this petition.
None.
Summary Conclusion (Findinosl:
The ITE Trip Generation man~Jal indicates that this site will generate 57 trips on a
Based on this data, the site generated traffic will not exceed the
Sunday.
$ nificance test standard (5 percent of the level of service LOS 'C' design
the project's radius of development Influence (RDI).
Therefore, this project is consistent with Policy 5.1 and 5.2 c~ Ihe Traffic
Circulation Element (TCE).
The effect the conditional use would hlvl o~1 ~ ~ i~
relation to noise, glare, eccmomlc or odor effects;
-2-
0C1' 25'
This church will hold services on Sundays and Wednesday evenings. Most
church rnembem live within the vicinity of the chumh and a great number of them
will walk to the church, thus reducing the amount of vehicular traffic and
associated noise.
,C.~;~tLNone.
Summa~ conclusion (Findin_asl:
The proposed church will have no negative effect on neighboring properties in
relation to noise, glare, economic or odor.
Compatibility with adjacent properties end other property in the district.
Adjacent properties contain a mixture residential and commercial. Them am
some commercial uses in the vicinity of the proposed church, such as
convenience store, motel, lounge, restaurant, etc., which are more intensive in
nature than the proposed use. This church is replacing a convenience store/bar,
which was dosed by the Collier County Code Enforcement and the Sheriff's
Department after years of complaints from the neighbors.
None.
Summary_ Conclusion (Findinasl:
The use pmposecl here is a c~mpatible use to the existing land uses surrounding
this site.
STAFF RECOMMENDATION:
Staff recommends that the CCPC forward Petition CU 97-20 to Itm BCC with a
recommendation for conditional approval subject to staff stipulatlorts..
-3-
OCT ~ 8 1997
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
REVIEWED BY:
ROB.~T J. MULHERE, AICP, MANAGER OATE '
CURRENT PLANING SERVICES
OO.~.D w. ~.dco, ^~c., o~.~c~o, o~;t~/'/
PLANNING SERVICES
'VINCENT CAUTERO, AICP, ADMINISTRATOR DATE
COMMUNITY DEVELOPMENT AND ENVIRONMENTAL SERVICES
Petition Number:. CU-97-20
Staff Report for October 2, 1997 CCPC meeting.
NOTE: This Petition has been advertised for the October 28, 1997 BCC meeting.
ON:
MICHAEL A. DAVIS, CHAIRMAN
-4-
!
2
$
6
?
9
14
19
21
29
32
35
35
R~SOLUTION 97-__
A RESOLUTION PROVIDING }'OR THE ESTABLISHHENT
OF A CHURCH AND COt~I~NITY SERVICES
CONDITIONAL USE '3" IN THE '%'R" ZONING
DISTRICT PURSUANT TO SECTION 2.2.9.3 OF THE
COLLIER COUI~T~ LAND DL'VELOPMENT CODI~ FOR
PROI~ZRTY LOCATED IN SECTION 4, TOWNSHIP 47
SOUTH, ~GE 29 FAST, COLLIER COUNTY,
FLORIDA.
67-1246, Laws of Florida, and Chapter 125, Florida Statutes,
conferred on Collier County the power to establish, coordinate
enforce zoning and ~uch bu~ne~ regulation~ a~ are nece~eary ffo~ the
protection of the public; and
WHEREAS, the COunty pursuant thereto has adopted a Land
D~velop~ent Code [Ordinance No. 91-102) which includes ,
Comprehensive Zoning Ordin&nce establishing regulations for the
zoning of particular geographic divisions of the County, ~mong which
is the granting of Condition&l Uses; and
WHEREAS, the Collier County Pl&nning Corm~ission, b~ing the
appointed and constituted pl&nning board for the ares hereby
affected, has held a public hasting after notice as in laid
regulations made and provided, and has considered the advisability of
Conditional Use "3" of Section 2.2.9.3 in an 'VR~ zone for , church
and community services on the property hereinafter described, and has
found ss , matter of fac= (F. xhibi= "A") that satisfscto~y provision
and arrangement have been made concerning all applicable matters
required by said regulations and in accordance with Subsection
2.7.4.4 of the Land Development Code for =he Collier County Planning
Co~m~ssion; and
WHEREAS, all interested parties have been given oppo~unity to
be heard by this Board in . public meeting assembled and the Board
having considerea all matters presented.
NO~, THEREFORE BE IT RESOLVED, BY THE BOARD OF ZONING APPEALS of
Collier County, Florida that:
-1-
Ot T 2 8 1997
t The petition filed by Victoria Cart =ep,:esenting House o£ Prsyer
2 of the Living God with respect to the property hereinafter described
$ Lots 1 & 2, Block 2, South X~okalee Heights as recorded in
6 Plat Book 3, Page 29, o! the Public Records of Collier
County, Florida.
I be end the s~ is hereby approved for Conditional Use "3' of Set, ton
! 2.2.9.3 of the 'Vl~' zoning district for a church and c~ity
t0 se=vices tn accordance with the Conceptual Haster Plan (F. xh£b£t
ti and subject to the following conditionst
12
13 £xhibic "C" which is attached hereto end incorporated by
14 re~erence herein.
15 BE IT FURTHER RESOLVED that this Resolution be =ecocded in the
16 minutes of this Board.
!? This Resolution adopted after motion, second and majority vote.
11 Done this day of , 1997.
19
2O
21
BO.:MI.D OF ZONING RPPEALS
COLLIER COUNt, FLORIDA
BY:
TXHOTH¥ L. I'U~COCK, ChaiL~man
26
27 ATTEST:
2~ D~IGHT £. BROCK,
Clerk
3O
32 Approved as to Form and
35 L~gal Sufficiency:
35 Har3c~ie H. Student
36 Assistant County Attorney
-2-
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-20
The following facts are found:
1. Section 2.2.9.3.3 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 properCy
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:
Adequate i~gress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect cannot be mitigated
D. Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional use should, with
stipulations, (copy attached) (should not) be recommended for
approval ·
DATE: CHAIRMAN:
2 8 1997
FINDING OF FACT
BY
COLLIER COUNTY PLANNING COMMISSION
FOR
A CONDITIONAL USE PETITION
FOR
CU-97-20
The following facts ara found:
1. Section 2.2.9.3.3 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:
Consistencywith 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:
Adequate ingress & egress
Yes No
C. Affects neighboring properties in relation to noise,
glare, economic or odor effects:
No affect or Affect mitigated by
Affect carn~o= be mitigated
Compatibility with adjacent properties and other
property in the district:
Compatible use within district
Yes No
Based on the above findings, this conditional usa should, with
stipulations, (copy attached) (should not) be reco,,.,~nded for
approval .
DAT~: M~MB~'~R:
£/Ca-t'7-20 l,'X~zmG O!m' ~
OCT 8 1997
f.-,~ D£L~,WAR£ ~V£. ( 6O'
LT.A.R. IJN;t'I'IKL ~ LJII41
g 8 1~7
COLLIER COUlqT¥
;%PPLICATION FOR CONDITIONAL USE REQUESTS · '
DATE RECEIVED
(9&l) 658-3055 drys
Victoria Cart PHONE: (951} 657-I&16 eves
APPLICANT ADDRESS: P.0. Boz 5075/ 619 N. Ninth Street T--okalee. Flo=VAm 3~1~
PROPERTY OWNER (PETITIONER) NAME AND ADDRESS*: $~* A~ A~viicanC
PHONE:
DETAILED LEGAL DESCRIPTION OF SUBJECT PROPERTY:
SECTION: & TOWNSHIP: &7
PJ~GE: 29
Loci I & 2, Block ~, $gucb T,--o~!ee l~ithcs
PROPERTY I.D. #:
SiZE OF PROPERTY: 102.56 FT. X 1&5.03 FT.
GENERAL LOCATION A. ND ADDRESS OF SUBJECT PROPERTY:
T--o_k~_!ee, Florida
74030720001
ACRES: I. 3&
401 S. Second Street
ZONING O? Sb~jECT PROPERTY: VR
TY~E OT CO~ZTIONAL USE REQUESTED:
ADJACENT ZONING ~ND T-AND USE:
N
S RV
E ?
W ?
ZONING
?
EXISTING LAND USE: ~/A fOnoc~roled)
G. ~rc~_~! (For ~'~¥~h Usel~_~ B~ess Space)
LAND USE
OCT 2 8 1997
,,...
NOTE=
Staff recommendat£on to the Planning Commission and the
Planning Commission recommendation to the Board of Zoning~
~ppeals shall be based upon the folloving criteria. Please~
respond to the following criteria:
Is this request consistent with the Land Development Code and
Gro~h Management Plan? Yes
Ingress and egress to property and proposed structures thereon
with par~icular reference to automotive and pedestrian safety and
convenience, traffic flow and control, and access in case of fire
· area is avn~l~le as nmed~d.
The effect the conditional use would have on neighboring
properzies in relation to noise, glare, economic and odor effect.
Compa=ibility with adjacent prcperties and other properties in the
dis:tlc:. Adequate. In fac~ _~ m~/d be an i~prov~n~ for th~ di~tr~[c~
ms ~_h~ su~T~_~_a~j~ pro~erties consists of both c~umerc~u~ and resident~m~ use.
SIGNATURE OF.P=~v~rmu--=--...-v,-'-.~ OR AGENT
-2-
OOT 2 $ lgg7
C~..
C:
¢:
C
C
C'
C
C.'
{}CT 2 8 1997
C
C'.
C
C-
C
ol
·
JgdBs~mt It
D
E
F
EVERGLA
CITY
D E
MldlUlm dll O*S Nlmm Or 6-$
Iklsm It O,f*O P'N*Im, lid A,4
I01
lmmok~lee, I~loHda
(94.11
To Whom It May Concern:
On behalf of the Handy Food Stores, I authorize the House of Prayer of the Living God
to tree our parldng lot for overflow paddng ss needed. It is my understanding that this Ministry
has purchased property In our vicinity to renovate for their church, upon approval by the Board
of County Commissioners.
I further would like to commend this Ministry for such an endeavor. It is organizations
such as this that we need in order to make a difference in our community.
Please feel frae to contact me at the above address if any further information is needed.
Carlos Sanabria
Store Manager
PETITION NO. 8V-97-1, EVERGLADES PRIVATE AIRBOATS REPRESENTING CMC
HEARTHLANDS REQUESTING A VARIANCE FROM SEC. 2.5.5.2.3.1. OF THE LDC.
WHICH ALLOWS A POLE SIGN FOR BUSINESSES WITH MORE THAN 150 FEET
OF ROAD FRONTAGE ON A 8INGLE ROADWAY TO ALLOW FOR TWO
ADDmONAL POLE SIGNS FOR A TOTAL OF THREE, FOR A PROPERTY LOCATED
ON THE!80UTH SIDE OF U8-41, APPROXIMATELY 19 MILES EAST OF,SR. 951 IN
$~ 26 & 27, TOWNSHIP ~2 8OUI'H, 'RANGE 29 EAST, COLLIER COUNTY,
FLORIDA.
The petitioner is requesting the above de~:dbed variance for an existing airboat toum
bumm.
CONSIDERATIONS:
The Collier County Land Development Code (LDC) Sec. 2.5.5.2.3.1. provides for one
pole ~ for single occupancy parcels with 150 feet or mom of road frontage.
Everglades Private Airboats operate a sightseeing and Airboat tour business on two
square miles of wetlands. They ocGJpy two miles of road frontage on US 41. According
to the applicant, since their business is located on a straight stretch of the higtwmy and
the speed limit is 60 MPH, a single sign at the entrance to the site does not provide
adequate time for motodst to slow down and safely turn into the ~Jt~. Therefore, they
are requesting two additional signs which will be mounted on airboats and parked along
US 41, approximately a quarter of a mile to the east and west of the entrance to the
site.
Staff after reviewing this sign vartance request, recommended that the CCPC forward
this pa'dt~ to the BZA with a recommer.~lat]on for denial. This recommendaUon ~
baaed on the fact that the request did not comply with the requirements of Section
2.7.5. (Variance Section) of the Land Development Code. Furthermore, approval of this
variance will cause pole sign proliferation which wi, have a deleterious effect on the
aesthetics of the road.
The Collier County Planning Comrnt~lon reviewed this petition on C)ctober 2, 1997 and
by a vote 3-2 recommended approval. Three of the present and voting Planning
Commissionem agreed wtth the applicant'~ argument that not allowing additional signs
for this business may cause tmf~ m=ctdm~. The two remaining Planning
Commissioners agreed with the staff mcommenda~n and findings that the request was
not in complla~ with the requimment~ of the LDC.
1
OCT 8 1997
GROWTH MANAGEMENT IMPACT:
None.
I~,~I:ORIC/ARCHAEOLOGICAL IMPACT:
-,:,,mi~uk~d.', ~. ·
I~I_~_NNIN"{3'COMMI~,ION RECOMMENDATION="
That the Board of Zoning Appeals approve SV-97-1.
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP DATE
SENIOR PLANNER
REVIEWED BY:
HERE, AICP, MANAGER DATE
CURRENT PLANNING SECTION
DONALD W. ARNOLD, AICP, DIRECTOR DATE
.. PLANNING SERVICES
e COMMUNITY DEVELOPMENT & ENVIRONMENTAL I OCT ~ 8 1997
AGENDA ITEM #7-M
MEMORANDUM
TO:
FROM:
DATE:
RE:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
August 28, 1997
SV-97-1
AGEHTIAPPUCANT:
Agent:
Everglades Private Airboats
31000 Tamlami Trail East
Everglades City, FL. 34139
OwTler.
CMC Heartlands
601 East Main Street
Immokalee, FL. 34142
REQUESTED ACTION;
The applicant is requesting a variance from Sec. 2.5.5,2.3.1. of the LDC, which allows a
single pole sign for businesses with more than 150 feet of road frontage on a single
roadway to allow for two additional pole signs for a total of three.
GEOGRAPHIC LOCATION;
The subject property is located mostly on the south side of US 41, approximately 19
miles east of SR. 951 and is further described as Sections 26 & 27, to~.,,'nship 52, Range
29, Collier County Florida.
PURPOSE/DESCRIPTION OF PROJECT:
The Collier County Land Development Code (LDC) Sec. 2.5.5.2.3.1. provides for one
pole sign for single occupancy parcels with 150 feet or more of road frontage.
Everglades Private Airboats operate a site eeeing and Alrboat tour business on two
square miles of wetlands. They occupy two miles of mad frontage on US 41. According
to the applicant, since their busine~ is located on a straight stretch of the highway and
the speed limit is 60 MPH, a single sign at the entrance to the site does not provide
adequate time for motorist to slow down and safely turn into the site. r~:bel=e~Z~t,~-
em requesting two additional signs which will be mounted on alrboat~ al~ pa~
!
I 0CT281997
1
I
i
US 41, approximately a quarter of a mile to the east and west of the entrance to the
site.
Zoning Appeals to grant variances. The Planning comm..
lo be used to assist the Commission in maldng a cetermmaaon.
(a) through (h) of Subsection 11.1 4) are as follows:
I. Am there special conditions and circumsta_n .cea existing which are pecullir
to the location, size end characteflsflce of ~e land, etructure, or building
Involved?
This business is located in a rural area of the County. As previously discussed, the
speed limit is 60 mph which causes some motorist to miss the entrance to the site.
However, there are several other businesses on US 41, and they all have one
sign at the entrance to their respective businesses.
Are there epecl,I condiflone end circumstan _cee which...d.o not r~..u.!t_ff~n._ =
action of the applicant euch as pre.exleflng conamone mlaaw m
property which ie the eubJect of the variance reclueet?
All condit~ns are pm-existing, and with the exception of the speed limit which was
increased recently, they all pre-date this and other businesses on this road.
Will I literal Interpretation of the provleiorm of thle Land Development Code
work unnecessary and undue hardship on the applicant?
de
No, this and all other businesses on US 41 operated with one sign only. A literal
interpretation of this LDC will not cause hardship on the applicant.
Will the variance, ff granted, be the minimum variance that will make
pca$1ble the reasonable uee of the land, building or atructura and which
promote atz~ndarde of health, eafat~ and welfare?
No, a variance is not necesse~ to make possible the reasonable use of the land.
The land is already being used for airboat tours.
Will granting the variance requested confer on the petitlmter any special
prM g, that la denied by these zoning regulations to other lin(ti, buildings,
or structures In the same zoning dlttrlct?
2
OCT 8 1997
fe
Yes, the approval of this variance will allow the petitioner to erect three pole signs,
which is denied to other businesses, unless a similar variance ts granted.
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, this variance will not be in harmony with the intent and purpose of the LDC in
that it will cause pole sign proliferation which will have a deleterious effect on the
aesthetics of the mad.
Are them natural conditions or physically Induced
ameliorate the goals and objectives of the regulation
preserves, lakes, golf coumes, etc.?
conditions that
such ss natural
Yes, this area is an undeveloped grass land. The proposed signs will be at least
150 feet from the edge of pavement. There are no other signs within the dose
proximity of these proposed signs.
h. Will granting the variance be consistent with the Growth Management Plan.
Approval of this variance will not affect or change the requirements of the Growth
Management Plan.
STAFF RECOMMENDATION:
Staff recommends that the CCPC
recommendation for denial.
forward Petition SV 97-1 to the BZA with a
3
No. ~
OCT 8
PREPARED BY:
CHAHRAM BADAMTCHIAN, Ph.D., AICP
SENIOR PLANNER
REVIEWED BY:
ROI~RT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DATE
DONALD W. ARNOLD, AICP, DIRECTOR
PLANNING SERVICES
COMMUNITY DEVELOPMENT & ENVIRONMENTAL SERVICES
DATE'1 !
Petition Number. SV-97-1
Staff report for Octobe.r.2, 1997 CCPC .m?ti. n.o.
This Petition has tentatively been schedule~ mr October 28, 1997 BZA Public Hearing.
Collier Tnty Planning Co~issi°n:
MICHAEL A. DAVIS, CHAIRMAN
1
3
4
S
&
,)
P~SOT.13~I'2ON NO. 9'7-
I~I~TING TO PETITION NUKBI]t SV'97-1, FOR
A SIGN VARIARCE ON PROPTJ~TY HEI~ZZ~E
DESCRIBED IN COLLIER COUNTY, FLORIDA.
-1-
3& rapreaenCLng CHC Heartlands,
~, ~he Legislature of the Sta~e of £1oricil ~ Chapter 12S,
Florida Statures, hah conferred on all counties in Florida the pove~
esc~l/sh, c~rd~naCe ~d enforce zoning and su~ ~s~ness
as a~e necessary ~or ~he pro~eccton o~ the ~1~c,
~, the Co~Y ~rsu~ ~hereCo has a~Ced
~velo~nc C~e (Ordinance No. 91-102) vhi~
for the zoning of parc~lar geographic d~vis~ons of
whL~ Ls the qranC~nq of variances, and
~, the Board o~ Zoning ~eals being the duly elecC~
constituted Board of the area hereby affected, has held a ~l~c
hea=1nq altec notice as in sa~d =e~laClons ~de and provided,
considered ~he advisability of Cwo additional ~le s~s, ~nscall~
air.acs and parked on the property along US-41, fgom
~le s~ Co three ~le s~s as sho~ on the attached ploC pl~,
E~tb~C 'A', ~n an A-~SC/ST zone for Oho property
descrt~d, and has fo~ as a ~cCer of face ~haC saCisfacCo~
provision and arranq~enC have been ~de conce~tnq all a~l~Le
~ccers red,red by said re~lac~ons and ~n accor~nce w~Ch Se~on
202.7.5 of ~e Zoning Re~aClons of aald ~d ~velo~nC
20~lnco~raCed area of Collier Co~Cy, and
2o ~, all interested parOLes hava ~en
2~ heard by ~1s ~ard In p~11c ~eC~nq ass~led ~d the ~ard ~v~ng
22 considered aLL ~ers presented,
33 N~ ~~ BE IT ~SOL~D BY ~ ~ OF Z~ING~~ of
34 Collier Co~Cy, Flort~,
~e PeCtCton ~-97-1 flied by EvergLades Private ~r~aCs, I~.,
lnc., with re.cC ~o
2 ~Cal~ed on aLr~acs and packed on the pro~rCY along US-41,
~ re~red one
S ploC pl~, ~ib~C 'As, o~ the A-~C/ST zonin~ ~sCr~c~ ~erein sa~d
% pro~r=Y is located. '
BE IT ~SOL~D
e ~-9~-1 be ~ecorded ~n ~he ~nu~es of ~s Board.
lo
12 ATTEST:
13 DWIGHT £. BROCK, Clerk
14
1s
2~ Approved es ~o ro~ and ~gal Sufficiency:
22
23
2S ~ar~o~e H. Studlnt
2S ~S~SCanC CO~CY A~Co~ney
2~
3o
This Reeolu~ion adopted a£ter motion, eecond and ~a~orlCY voCe-
day of _, 1997. . ..._.
Done l:hia --
BOA/~D OF ZONING APPEALS
¢OLLI£~ COUNTY, FI~RIDA
~II4OTH¥ L. HANCOCK, Ch&
-2-
OCT 2 8 1997
OCT g 8 1997
.,. /~
PETITION NO.
pLANNER'.
~ppLZC~TION FOR V~RI~NCE FROM THE REQUIREMENTS
OF DIVISION 2.5 OF ~E COLLZ~ Co~Y
~ D~OP~ CODE
~E SIGN ORDZ~CE
8 -97 ] w
APPLICANT NAME (AGENT):EVERGLADES PRIVATE AIRBOA_~HONE: ~41-69~-46~7 .
APPLICANT ADDRESS: 31000 Tamiami Trail East, Ever lades FL 34139
pROPERTY OWNER (PETITIONER) NA/4E & ADDRESS: CMC Heartlands (Co11ier
En~_~rises, Immokalee, FL PHONE: 941-657-5133
ADDRESS OF SIGN LOCATION: 31000 Tamiami Trail East
CURRENT ZONING:_~~T
LEGAL DESCRIPTION OF SUBJECT PROPERTY: Section 26f Township 52, Ra~ae
29
%.~IDTH OF THE PROPERTY (ROAD FRONTAGE): 2 miles
LENGTH AND HEIGHT OF THE WALL UPON ~4ICH THE SIGN WILL BE SECURED (IF
WALL SIGN):
n/a
~ATURE OF PETITIO]~
PLEASE EXPLAIN IN DETAIL THE EXACT NATURE OF THIS VARIANCE REQUEST
INCLUDING THE A~OUNT OF VARIANCE: Our offic· is ~ocated on U.S. Hwy.
41 East/South in the rural section of Collier County. The only thing·
s a roximatel rth
~, 150' f~om th, c.nt,~ l~n,. With ou~"ll~h~yJlsvl~:
~e are on y a e to ave o-~ entrance ~or ve~lcle ~razz~u
ou could access the ~ airboat. We feel
· - - - -- ~ --- ..... t of the exes i~ nq rd iv*wa - we Zee~
c ~ ·tr·tch of thm highway, ~u~
he·e si ns would help. We do under·ta~d that b code the onl
,, ~..~ ~~j~ ..~,[ ~,~ ~t,,nc- ,nd -. co,~d ~ac. ,o,.
directional sign·, we feel with the unusually long Road £rontage and
· es·ire Ri ht of way'we should be allowed to place the·
· xc g
g t~-vec~ana· aha vou~o ,,~- ...- ,
in
· . . j: - .; . . 0CT 8
by ~ht below listed criteria (a-f). (Please address =his criteria using
additional pages if necessary).
Are there special conditions and circumstances exist which are
peculiar to =he land, structure or building involved and which are
not applicable to other lends, structures or bu£1dings similarly
We do not know o a s
County. Because of our unique location and excessive road frontage
Are =here the speci,1 conditions ,nd circumstances .which do not
result from the action of the applicant~
Cm
WilX granting the variance requested confer on the petitioner any
special privilege that is ~dni~,1 by the this code to other l~nds
buildings or structures similarly situated?
al inter retation of the provisions of the Land
Will a liter _ .P .... ~---~ ~ imhts co~only enjoyed
Develo ment Code deprxve ~e appAxu~ ~ r
P ties similarly situated under ~ne terms o~
by other proper ........ ~--~-~ on the aDDlican~?
and york unnecessary aha un~u~ u~---r
they would not be visible from the road because of the 150' right
~AXe possible r. be re~sonab~e use o~ ~he
st. ru~ture?
yes
· rantin of the variance be in harmony with the general
in~ious to the area involve~ or ~...._i
p~lic velfare9
DAT~ '
SUBMISSION CHCKLIST~
2.
3.
4.
Completed application
Survey of property or scale drawing
Rendering of proposed sign with all dimensions
Signed and notarized Affidavit (Pages 4 & 5 of the
application)
A location map depicting major streets in the area
for reference.
Fee: $425.00 ($850.00 if after-the-fact)
copies
copies
copies
copy
copy
There is not a survey on this property because it is total sections.
Sections 26 and 27, Township 52 Range 29 are the property address.
U.S. ~ 41
5 miles+-
o
14 miles
u.s. ~wY 4;
miles~
-3-
State of Florida
coun=y of collier
The foregoing Agreemen= Shee= was acknowledged before me =his
9erso~allv ~.~n =o me or w~o has produced
iden=ific~=ion and who did (did no=) =ake a~ oath.
My Co~mission
-5-
A~£~..D~,~,r~
OCT 2 8 1991
EXECUTIVE S~
PETITION NUMBER NUA-97-2, MR. ARTHUR C. QUINNELL, REPRESENTING
NAPLES LAND YACHT HARBOR, INC., REQUESTING A NON-CONFORMING USE
ALTERATIO~ IN ORDER TO ALLOW UNIT OWNERS TO REPLACE EXISTING
NON-CONFOI~MING MOBILE HOME UNITS, AS NEEDED, IN CONFORMANCE WITH
THE COLLIER COUNTY FIRE CODE AND SO AS NOT TO INCRF~E THE
EXISTING NON-CONFORMITIES FOR PROPERTY LOCATED AT 2801 PALM
STREET IN SECTION 11, TOWNSHIP 50 So~TH, RANGE 25 EAST.
The petitioner ~ requesting to
non-conforming mobile homes as needed.
replace the existing
gONSZDEI~TZONg~
Naples Land Yacht Harbor is a non-conforming mobile home park
that was created in 1962. This 40 acre park contains
approximately 334 mobile home lots. In 1974 the park was rezoned
to "MHRP# and again in 1991 to "MH" as part of the LDC adoption.
Lastly, the park was recently incorporated so as to enable the
residents of the park to acquire and hold properties within
Naples Land Yacht Harbor and to operate ~he park as a
condominium or a cooperative association. At present the park is
nearly 100 percent occupied and has made improvements such as
the addition of a vegetative buffer and security fence.
The park meets most of the setback and distance between
structure requirements except for =he setback from the exterior
boundary. It should be noted that Section 1.8.10.4. of the
Collier County Land Development code (LDC) requires approval of
Alteration by the Board of Zoning Appeals
a Non-conforming Use
prior to any new alteration, expansion or replacement of
non-conforming structures.
Approval of this petition will stipulate that all structures to
be altered or replaced conform t~ the Fire Code, and to the
development standards of Section 2.2.10. (Mobile Home District)
to the greatest extent possible. This will reduce the amount of
the non-conformitY in the park and decrease the potential risk
of fire hazard by increasing the separation between structures
to that required by Code.
The Collier County Planning Commission reviewed this petition on
October 2, 1997 and recommende~ approval by a 7 to 0 vote and
subject to the stipulations of the reviewing staff.
-1-
OCT 2 8 1997
proposea non-conforming use change
~l~ pr~y's cons[sten~ v~ the
Plan.
F~BCAL I~CP~,CT:
Approval o~ this petition will have no direct fiscal in. acts to
does nothing to
County's Grov~h
· pLaNNING C~3MMZSSION RECOK~END~TION=
That the Board of Zoning Appeals approve Petition NUA-97-2.
PREPARED BY:
PRINCIPAL PLANNER
REVIEWED BY:
'ROBERT J. M~LH~J<E, AICP, MANAG~
~ PLANNING
COMMUNI~ DEV. AND ENVIROnmENTAL SVC$.
/~o8. ??
DATE
DATE
DATE" f
DATE
RVB/rb/EXSOMMARY/NUA-97-2
-2-
OOT 8 1997
AGENDA ITEM g7-F
~0:
FltOH~
COLLIER COUNTY PLANN~NG COM~ISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
SEPTEMBER 3, 1997
PETITION NO: NUA-97-2
Agent:
Arthur C. ~uinnell
P.O. Box 524
Marco Island, Florida
34146
Naples Land Yacht Harbor, Inc.
2801 Palm Street
Naples, Florida 33937
~EO~R~PHIC LO~TION[
The subject property is located at 2801 Palm S~reet which is on ~he
east side of Palm Street and west side of Pine Street in Section 11,
Township 50 South, Range 25 East. (See illustration following page)
REOUEBTED ~CTIONI
etttioner is requesting a Non-Conforming Use Alteration i? orde~
.The p ............ 4-hin the Na-les Land Yacht Harbor aevelopmen:
to replace existing non-con£ormLng mcb~:e hOmeS as ~-~-
~URPOSEIDES~IPTION OF PROJECT:
les Land Yacht Harbor is a non-con~orming mobile home travel
Nap ....... ~ =- -~6~. This 40 acre park contains
railer ark ~at was
t oxiJ~el 334 lots and pads for moblie homes an~ recrea:xona~
ap~ . - Y ..... ~- -~- --~ rezoned to "MHRP" and again in 1991
yea ............ :~_ ~v. the Dark was recently
~ ~ t' f ..... - --~-- *~ .... ~--*- of the ~ark to ac~uxre aha
ncoz~ora=e~ so as =o enam&?
no1? p=~'~_~_~::__~_~jjj'~-~ coo~erative association. At ~resen: r~.e
~ark is nearly 100 percent occupied and has extensiv? improvemen:s
such as the a~dition of a vegetative buffer and a security fence.
The park meets most of the setback and distance between structure
requirements except for the setback from exterior boundary. The
Collier County Land Development Code, Section 1.8.10.4. requires
approval of a Non-conforming Use Alteration by the Board
-1-
OCT Z 8 1997
:i
NO.
OCT
Appeals prior to any new alteration, expansion or replacement of
non-conforming structures. This park contains some old dilapidated
mobile homes which will require alteration or re~3acement. In the
asr, the BZA has reviewed a variance request (V-93 14) to allow for
~..~.~.~,, in th~ ~ark. This petition is intended to cover the
2~ti'r'~'~;~{-~ol-t~ ~iil be no ~eed to hold a. public h~aring ~or
each non-conforming mobile home requiring alteration or replacement.
Approval of this NUA petition will stipulate that all structures to
be altered or replaced conform to the Fire code, and to the
development standards of Section 2.2.10. (Mobile Home District) to
the greatest extent possible. This will reduce the amount of
non-conformity in the park and decrease the potential risk of fire
hazard by increasing the separation between structures to that
required by Code.
~UR~OUNDIN~ L~ND US~ ;tND ~ONING:
Existing Conditions: Mobile Home; Zoned: "MH"
Surrounding: North - Single-family homes; Zoned: RMF-6
East - Private homes and villas; Zoned: RMF-6.
South - Residential dwelling; Zoned: Windstar PUD
West - Villas and condominiums; Zoned: RMF-6
~VALU~TION FOR ENVIRONMENTAL. TRANSPORTATION AND INFRASTRUCTURE~
Approval of this petition will have no effect on infrastructure,
transportation facilities or on any environmentally sensitive area.
Section 1.8.10. of the Land Development Code grants the authority to
the Board of Zoning appeals to grant Non-conforming Use Alterations
(NUA). The Planning Commission is advisory to the BZA and utilizes
the provisions of Subsection 4 (a) through (f) which are the general
guidelines to be used to assist the Commis~ion in making a
determination. Responses to items (a) through (f) are as follows:
&. The alteration, expansion or replacement will no~ increase the
density of the parcel or lot on which the non-conforming single
family dwelling, duplex or mobile home is locatea;
This request is only for the replacement or alteration of existing
deteriorated non-conforming units when needed. It will not change
'the density of the parcel.
-2-
OCT ' 997
b. The alteration, expansion or replacement will not exceed the
building height requirements of the district most clcsely
assoc~ate~ with the subject non-conforming use~
The building height in the ~HTT District is 30 feet which is the
same as allowed in the Mobile Home "HH" Zoning District.
Therefore, the existing building heights will not exceed the
height 1init set forth in the Mobile Home District.
o. The alteration, expansion or replacement will not further encroach
upon any non-conforming setback~
This petition, if granted, will require that all alterations or
replacement units conform to the Fire Code, which requires a
minimum separation of 10 feet between structures. Furthermore,
this petition will not authorize any reduction of the existing
setbacks, but will increase setbacks on some non-conforming
structures as much as possible.
d. The alteration, expansion or replacement will not decrease or
further decrease the existing parking areas for the structure~
Approval of this NUA petition will not change the number of
existing parking spaces.
e. The alteration, expansion or replacement will not damage the
character or the quality of the neighborhood in which it is
located or hinder the proper future development of the surrounding
properties~ an~
This area has a unique character which contains other mobile home
units and multi-family units. The Board of Zoning Appeals has also
approved similar variances in this mobile home park. It is the
opinion of staff that allowing the replacement of the older
dilapidated units with newer units will enhance the character of
the area.
f. such alteration, expansion or replacement will not present a
threat to the health, safety or welfare of the communit~ or its
residents.
If approved, this petition will allow the replacement of
dilapidated non-conforming units only in compliance with the Fire
Code. Therefore, approval of the petition will improve the safety
and welfare of the community and its residents.
STAFF RECOKMETTD~TIONt
Staff recommends that the CCPC forward Petition NUA-97-2
with a recommendation for approval.
-3-
to the BZA
OCT 2 u 1997
,',, 7
pREPARED B~:
BATE
REVIEWED BY:
~O~ERT J:-MULItERE, ~ZCP, MANAGR~
DO~D W. ~OLD, AIC~, DIRE~OI~ D
p G S~V~CES
~I~ CAUTERO~ ADMINIST~TOR bATE
~~ITY D~E~PMENT & E~IRO~ENTAL SERVICES
petition Number: NUA-97-2
Staff Report for OctOber 2, 1997 CCPC meeting.
COLLIER COUNTY PLANNING COMMISSION:
RVB I rb
NUA-97-2 / STAFF REPORT
-4-
NO~-CON~OR/~ING USE CHANGE
P, C VED
1997
~T:C~[ON ~TT~=-'~ FUC- (AssigT~e~ :by S~) DA~- 7/~/~? .
,/,t-w ,~e,-~-ocd$ (Assigned by Stal~II/~
LEGAL DESCRIPTION OF SUBJECT LOT
--- %'NIT
BLOC.< (S) -.
.EXISTING ZONING AND L~_ND USE:
LO~(S)
--- sz~io~ //
ADJAC.ENT ZONING AND L~_ND USE:
ZONING
LAND USE
TOT~ SQU~E FOOTAGE OF ~P.O~OSED NON-CONFOP~ING USg ~/~
T~3~ !~ER OF PA_~<iNG SPACES ~ISTING ON SITE ~/~
TOT~ ~x~ER OF P~_~{ING REQUIRED FOR PROPOSED NON-CONFOrmING USE
-1-
OCT Z
I [ [I Ill I ~ I I Ill ....... Ill Il Ill[ I
ARTHUR C. QUINNELL, PE, PSM.
Registered Professional Engineer
Registered Professional Surveyor and Mapper
P.O. Box 524
Marco Island, Florida 34146-0524
Collier County Government
Developmem Services Department
2800 N Horseshoe Drive
Naples, Florida 34104
6/25/97
RECEIVED
JUL 0 8 1997
Ph. 94 !/~94-~065
Fx. 941/3944710
Re: Naples Land Yacht Harbor, Inc.. Non-Conforming Use Change Application
Attn: Mr. Ray Bellows
Submitted herewith are the following documents for your use in processing referenced non-
conforming use application:
1.17 copies of the application form
2. A check in the amount ofS425.00
3. An aerial photograph
4. A notarized affidavit
5.17 copies ofthe plot plan at 1 l"xl?"
6.3 copies of'the plot plan at 24"x36"
7. A copy of the deed with land description
8. 17 copies of'the location map
Naples Land Yacht Harbor first began as a mobil home travel trailer park ini962 and was
developed as such during the early 1960s. It was zoned as MHTT and on Oct. 8, 1974 it was re-
zoned as MHRP after most ofthe development was completed. On May 3, 1997, tl~e park was
incorporated so as to enable the residents of the park to acquire and hold the properties of Naples
Land Yacht Harbor and operate it themselves solely for residential purposes as a condominium or
cooperative association.
At present the park enjoys nearly 100°4 occupancy and has become a model for other
developments. A security fence and a vegetative buffer exists around the entire perimeter except
for the waterways. Setback requirements as they pertain to Chapter 4A-42 ofthe Uniform Iru'e
Safety Rules and Standards for mobile home parka have been met. Other set bac~ for MHTI'
patios have been predominantly met. However when the zoning was changed from MHTT to
MHRP, some s~t back requiremen~ do not comply such ss distances 6om public ~ snd lot
sizes. There are 25 lots which cannot comply with the setback requirements to public streets.
They back up to Palm St., Mangrove St. and Pine St. and ifthey were to comply w Ih ordlnances
AGE
now in the books, they could not be utilized at all. no. ~
We are respectfully requesting non-confprming use alteration for these lots md ~l'la ~k~t~9?
/0
Page 2
which do not meet the size requirements (ie. 4000) SF which came about when the zoning was
changed.
We offer the following to be considered:
I. No mobil home would be replaced outside orthe area it now occupies unless it meets
modern s~andards.
2. The density will not be increased
3. Building heights will not be exceeded
4. No use will ~rther encroach upon any non-conforming setback
5. Existing parking will not be increased or decreased
6. No threat will be made to health, safety, or welfare oftbe community or residents by
We trust that the above meets with the requirements of Collier County for non-conforming
use alteration ~ubrrtittals and iffi~nher information or data is required, please contact undersigned
at your convenience.
Very truly yours,
Arthur C. Quinnell, PE, PSM
cc: file
Naples Land Yacht Harbor
OOT 2 8 1997
e.._J./._-
N UC 9 ?--i
April 11, 1997 '~
This is to certify that Mr. Arthur C. Quinnell, P. Eng. is the
accredited agent for Naples Land Yacht Harbor in property
negotiations with Collier County Commissioners.
Thomas W. Dexter
Legal Director
Naples Land Yacht Harbor
State of Florida
County of Collier
Sworn to and subscribed before me this 11th day of April, 1997 by
Thomas W. Dexter as Director o~ Naples Land Yacht Harbor who is
personally known to me.
Notary Public
1997
RESOLUTION NO.. 97-__ .......
RELATING TO' PETITION NOHBER ~UA-97-2~ '~O~'.
A NON-CONFORMING .USE ALTERATION ON, -." , .-*.--: '":'.'
PROPERTY H£REINAFTER DESCRIB£D IN COLLIER' '~
-".'" ' WHEREAS, the Legislature .of ~he S~s~e of Florida in
.... egtablish, ~ coordinate 'and 'enforce-zoning and 'such business, regula:ions .-
.... as are necessary for the protection, of the public, and
.~m~..J.= 4 WHEREAS,~th.e~
~'.': ' ~ b'f p~r~lcula='geographic divisions.of .th~ County, ~ng .wnicn~ls
~' ... granting of requests for non-confo~ing use alterations, ........... aha ..- -.- . -- .'
~ a . W~E~, the Board of Zoning Appeals, being the duly elected'
....... constituted ~0ard'o{ the area hereby affected, has'held% p~lic'
after notice as in said regulatio~s made and pro_vi.d.ed,...and .has.:':.?.:~ ...... -...
considered the advisability'of non-c°~forming use' a.l.~ara..~ion to enable ..~:'
uni% owners to replace existing non-conforming structures, as 'needed,' i~'~''~
conformance with the Collier Count. y Fire Code and so as not 1:o i~c~'~as& '~;.
the existing non-conforn~ties as shown on the attached plot plan, ,...
,:-- .-'~, ..
Exhibi~ "A" for =he property hereinafter describe~, and has found as a"
~atter of 'fact that satisfactory provision a~d arrangement have b~e~
made concerning all appli.c.able ~atters required by said regu!atio, ns~and
. . .- .... ; . ~.. .~.. , ' .~
in accordance with Subsection 1.8.10.4 o-f the land Development:Code for
"' ~he unincorporated area of Collier County, and ........... ~' "
~ W~EREAS, all interested parties have been given opportunity ~o be
~ heard by this Board in public m~eting assembled and the Board having
~-' considered ali ma~ters presented, .......
~ NOW THEREFORE BE IT RESOLVEO BY THE BOARD OF ZONING APPEALS of
Collier County, Florida, that:
The Petition NUA-97-2 filed by Arthur C. Ouihnell, zepresen~ing
· aple, Lend Yacht ar ,or,...Inc" e,p, ct... . . to .. . ....
~ere~nafter described a's':~'-; ...;.~,~' . ._ ..... ~-'~ ~.~-,.,~.-.%'".w.4.'~,.; ... ~ '-'- ' '
· -' : ~.'-..a ' ....
~. '~ .... ,' .:.:...' ':-. _--,.--::: '::~:,-- ;.',,. ,. '.~.~,-! :-::.- .-~. ·
· ?.~.--.be and .~he same hereby :is app~owed'for a
w~..'- -:.-;. .... :.',.'- · '~-. -: -. · '--Y.~,.. .~,,-'-:C'- - - ---' ~,
~' ~' . ~:~ '..o~ ' ..' ~-}--.-C ~-.% .. "! .;- -~ ~-:-'- "' ''.'.'-' .
_.-~,';: '. :,:.-..,. : .' . . :.- :; '. ............... .-..... . . .
· '.--_... -/ . ;..' . .. % . . .
needed, in conformance vith the Coll£er County F£re Code and so as not
to increase the ex£sting non-confo~mities as sho~n on the attached plot
plan, Exhibit "A" o~ the HR Zoning District whe=ein said property is
BE IT ~OLVF. D that this Resol:t£on relating to Pe~i~£~ Number
NDA-97-2 be 're¢o~ded in :he minutes ~! this
~ ',- Th'is Resol~t£~& ad~p%'~d a~ter 'motion, second end ma:~o=~.tY vote.
~ Approved as ~o Fo~ and Lega~
LEGAL DESCRIPTION
The subj~'t site is locat~ ~ So. ion 11, Township $0 South, P.a~e
2:~ Fast and is further d~scribed as follows:
The ~tasc ½ o£ the ~ o£ th.
_~, LESS
c~reo~ ~d
~ ol t~
~sC~rly 40
~d ~h~ ~ss~ ~ o~ ~ ~'o~
, 1~[ ~o~
70 fes~ o~
~hereo~; ~n Section 11.
sc, ~11iar Co~cy, ~lo~id~.
NUA-97-2/P.V'B/rb
OOT 2 8 1997
EXECUTIVE SUMMARY
PETITION V-97-7, WILLIAM L. HOOVER, REPRESENTING CHRISTIAH BUSK (CONTRACT
PURCHASER) REQUESTING A 0.91 ACRE VARIANCE FROM THE REQ~ LOT AREA
REQ~ AND A 33 FOOT VARIANCE FROM THE REQUIRED LOT WIDTH FOR
AGRICL~TURALLY ZONED PROPERTY LOCATED ON THE WEST SIDE OF OLD US-41
AND $00 FEET SOUTH OF THE COLLIER/LEE COUNTY LINE IN SECTION 10, TOWNSHIP 48
SOUTH, RANGE 25 EAST COLLIER COUNTY, FLORIDA. (COMPANION ITEM: CU-97-18)
This petition ~eks a variance of 0.91 acre from the minimum lot area requirement of 5.0 acres in thc
Agriculture zoning district to 4.09 acres and a 33 foot variance from the required lot width of 165 feet
to 132 feet to allow for a retail plant nursery.
CONSIDERATIONS:
The purpose of this petition is to seek relief from the required minimum lot area requirement and the
minimum lot width requirement to allow for the development of a wholesale/retail plant nursery on a
pre-exi~ing non-conforming lot. This non-conforming lot was created in 1983 by a prgvious owner
who ~old the original 8.69 acre parcel which excluded the northern 200 feet of the property. On
August 27, 1991, the Clerk of Circuit Courts transferred title to C.S.D. International, Inc. in a
foreeloaure action. This non-conforming site was subsequently purchazed by Imperial Homes of
Naples in 1996 for investment purposes. ~.'fh¢ current owner (Daniel Conley, trust~o 0~thc Target
Benefit Plan of Imperial Homes of Naples) has indicated that they were unawar~'~f the non-
conformities when the property was purchased. Thc subject site is vacant land which is over twice aa
long in depth than it is in width. Since the subject property is not legal and non-conforming, a variance
is required of 0.91 acre from the minimum lot area requirement orS.0 acres to 4.09 acres and a 33 foot
variance from the required lot width of 165 feet to 132 feet to allow for the consUucfion of a retail
plant nursery.
The Agriculture Zoning District provides for reduced setbacks for non-conforming lots aa noted in the
~dfreport. Therefore, the proposed structures conform with all the minimum setback requirements. It
is ~tif's opinion flu~ there are special conditions and ciwumstan~ existing which aro peculiar to the
location and characteristics ofthe land. For example, the site waa created in 1983 by a previous owner
~nd the title was transferred in 1991 in a foreclosure action. The lot is over 10 times longer in depth
turn it is wide and is now non-conforming in lot width and lot area.
The petitioner claims that the literal interpretation of the code concerning the~,of the
minimum lot area end width requirements contained in the Agriculture Zoning
urmecesaary and undue hardship since no building permits can be issued for this
L. OCT i) 8 1997
that was not legally created. Furthermore, the current owner and/or the contract purchaser did not
create these non-conformities which requires that a variance be obtained before building permits can be
issued. The petitioner is only seeking the minimum amount necessary to allow the site to be classified
as a legal non-conforming lot of record. The approval of this variance will allow for the issuance of
building permits for the wholesale and retail plant nursery and to comply with the requirements of the
Land Development Code. In addition, the site layout and arrangement of buildings is designed to
minimize impacts on adjacent land uses. Furthermore, all the proposed buildings and storage structures
will meet the minimum setback requirements for legal non-conforming lots of record.
It is staWs opinion that the granting of this variance will not be in keeping with the general intent and
purpose of the Land Development Code. However, it is unlikely that any detriment to the public
welfare would result from its approval since the proposed wholesale and retail plant nursery sU'uctures
meet all the minimum setback requirements for non-conforming lots in the Agriculture Zoning District.
In addition, the proposed plant nursery will provide a landscape buffer along the north, west and south
property lines to improve compatibility. A natural buffer area is also proposed along Old US41 which
will preserve some of the oak trees in that area. Lastly, a 100 foot FPL easement traverses the western
portion of the site which forces the placement of structures to the east. As a result, the proposed
development as illustrated in the conceptual site plan will not have any adverse impact on the
circulation of light and air bev. veen structures. Therefore, the granting of this variance will not be
injurious to the neighborhood.
The Collier County Planning Commission (CCPC) heard this petition on October 2, 1997 and voted 7
to 0 to forward Petition V-97-7 to the Board of Zoning Appeals with a recommendation of approval. In
addition, staffhas not received any correspondence for or against this petition.
FISCAL IMPACT:
None.
GROWTH MANAGEMENT IMPACT:
The proposed variance is consistent with the applicable provisions of the Growth Management Plan.
PLANNING COMMISSION RECOMMENDATION:
The Collier County Planning Commission (CCPC) forward Petition V-97-7 to the Board of Zoning
Appeals (BZA) with a recommendation of approval.
O~T g 8 1997
,,,.2,
PREPARED BY
~,v srkLOWS
PLANNER
DATE
REVIEWED BY:
CURRENT PI.,Ag~ING
DONALD W. ARNOLD, AICP, DIRECTOR
~lqCENT A. CAUTERO, ADMINIS'IRATOR DATE
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
3
/_ 1,7 '
AGENPA ~T£M ~7-G
MEMORANDUM
FROM:
COLLIER COUNTY PLANNING COMMISSION
COMMUNITY DEVELOPMENT SERVICES DIVISION
DATE:
RE:
SEPTEMBER 5, 1997
PETITION NO: V-97-7, BUSK NURSERY
COMPANION ITEM: CU-gl-I$
OWNE~AGENT:
Agent:
Mr. William L. Hoover
Hoover Planning Shoppe
2223 Trade Center Way
Naples, Florida 34109
Mr. W. Christian Busk, ASLA (Contract Purchaser)
816 Myrtle Terrace
Naples, Florida 34103
i~.EOUESTF. D ACTIO]N:
This petition seeks a variance of 0.91 acre the minimum lot area requirement of 5.0 acres to 4.09
acres and a 33 foot variance from the required lot width of 165 feet to 132 feet to allow for the
construction of a retail plant nursery.
_GEOGRAPHIC LOCATION:
The property fronts upon the west side of Old US-41 and 500 feet south of the Collier-Lee
County Line in Section 10, Township 48 South, Range 25 East. (See illustration on the following
page)
nursery on a pre-existing non-conforming lot. This non-conforming lot was ere
previous owner who sold the original 8.69 acre parcel which excluded the no
1
The purpose of this petition is to seek relief from the required minimum lot area requiremer~t and '
the minimum lot width requirement to allow for the development of a who ~-*I'~/~;°;-~-PI~+-. --
them 200 feet ot
I! III IIII I I I I I IIIII II I I II
,,, iL ,~-~ l,il ~ .... - -
~ ~',: ~tl l~m
d ~ ~!~a I~ / ~ /. I ~ ~ ~ ~ /~
i~ '~-, 1 ,,, ' ~ II r c
I i fl' ~ t~t . I~ F",,~. ~sl. If
J / i lI "( I ILl ~1 J.~
~ E~[~ ~ ~~~i~ OCT 2
the property. On August 27, 1991, the Clerk of Circuit Courts transferred title to C.S.D.
International, Inc. in a foreclosure action. This non-conforming site was subsequently purchased
by Imperial Homes of Naples in 1996. It should be noted that Daniel Conley is listed as trustee
of the Target Benefit Plan of Imperial Homes of Naples. The subject site is vacant land which is
over twice as long in depth than it is in width. Since the subject property is not legal and non-
conforming, a variance is required of 0.91 acre from the minimum lot area requirement of 5.0
acres to 4.09 acres and a 33 foot variance from the required lot width of 165 feet to 132 feet to
allow for the construction of a retail plant nursery.
The yard requirements for a non-conforming lot in the Agriculture district are as follows:
Front yard: 40 feet
Rear yard: 30 feet
Side yard: 10 percent of lot width, not to exceed a maximum of 20 feet.
Since the lot width is 132 feet, the required side yard setback is 13,2 feet on each side. Based on
the conceptual site plan, the proposed nursery facility complies with all the required yard
setbacks, therefore, no other variances are needed.
SURROUNDING LAND USE AND ZONING:
Existing:
Surrounding:
The site is currently vacant and is zoned Agriculture.
North - Driving Range; Zoned: Gadaleta PUD.
East Gulf Stream Lumber with outdoor storage; Zoned: Industrial.
South - Vacant residential; Zoned: Arbor Lake Club PUD. (11.2 units/acre).
West - Developed residential; Zoned: Sterling Oaks PUD.
GROWTH MANAGEMENT PLAN CONSISTENCY:
The requested variance does not have any impact on this property's consistency with the County's
Growth Management Plan.
EVALUATION FOR ENVIRONMENTAL. TRANSPORTATION AND
INFRASTRUCTURE:
Approval of this variance request will have no effect on infrastructure, transportation or the
environment.
Section 2.7.5 of the Land Development Code gives the authority to the Board of Zoning Appeals
and utilizes the
(BZA) to grant variances. The Planning Commission is advisory to the BZ^
provisions of Subsection "4" (a) t~ough (h) which are general guidelines to be'
Commission in making a determination. Responses to items in this Subsection
2
OCT 2
ne
Are there special conditions and circumstances existing which are peculiar to the
location, size and characteristics of the land, structure, or building involved?
Yes, the subject site is an illegal non-conforming lot of record that has had numerous
changes in ownership including a foreclosure action in 1991. The current owner
purchased the property as an investment parcel for the retirement plan for the employees
of Imperial Homes. The contract purchaser now wishes to develop a wholesale/retail
plant nursery on the property. However, due to the lot's peculiar "ribbon" shape that is
over 10 times longer in depth than it is wide, the lot is now non-conforming in lot width
and lot area. Therefore, it is staff's opinion that there are special conditions that exist
which are peculiar to this property.
be
Are there special conditions and circumstances which are not the result from the
action of the applicant such as pre-existing conditions relative to the property which
is the subject of the variance request?
Yes, a quit-claim deed dated October 10, 1993 shows the parcel was originally 8.69 acres
in size. The property was sold in 1984 to a buyer in St. Petersburg less the northern 200
feet creating the non-conforming lot. In 1991, the Clerk of Circuit Courts transferred title
to C.S.D. International, Inc. in a foreclosure action. This non-conforming site was
subsequently purchased by Imperial Homes of Naples in 1996. In addition, Daniel
Conley is listed as trustee of the Target Benefit Plan of Imperial Homes of Naples. The
contract purchaser now wishes to develop a wholesale/retail nursery on this preexisting
non-conforming irregular shaped parcel that is over 10 times longer than it is wide.
Will a literal interpretation of the provisions of this Land Development Code work
unnecessary and undue hardship on the applicant?
Yes. Since this non-conforming lot was not legally created, it requires a variance in order
to obtain a building permit. This would severely limit the ability to develop the site with
uses that are permitted in the Agriculture zoning district. Lastly, the current owner did not
create this odd shaped lot and requires this variance to allow this non-conforming
property to be developed. Therefore, it is staffs opinion that a hardship exists because the
application of the development standards has made the lot unbuildable for all practical
purposes.
de
Will the variance, if granted, be the minimum variance that will make possible the
reasonable use of the land, building or structure and which promote standards of
health, safety and welfare?
Yes, the petitioner is only seeking the minimum amount to allow the placement of office
the L~d Developm~t Code.
I OCT 2 8 1997
3
ee
he
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?
'/'es, the granting of the requested variance will allow for a reduced minimum lot area and
lot width, however, all variances effectively do this. It should be noted that the proposed
plant nursery will comply with all the setback requirements for non-conforming lots in
the Agriculture district.
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?
It is staff's opinion that the granting of this variance will not be in keeping with the
general intent and purpose of the Land Development Code, However, it is unlikely that
any detriment to the public welfare would result from its approval since the proposed
plant nursery structures will be along the north property which contains a golf driving
range. Since this area will be buffered, the lot area and lot width variances will not have
any adverse impact on the circulation of light and air between structures. As a result, the
granting of this variance request will not be injurious to the neighborhood.
Are there natural conditions or physically induced conditions that ameliorate the
goals and objectives of the regulation such as natural preserves, lakes, golf courses,
etc.?
Yes, there are natural physical conditions such as a natural preserve along the western
portion of the site. A natural buffer area is also proposed along Old US-41 to preserve
some of the oak trees in that area. A 100 foot F. P. L. easement traverses the site which
forces the placement of structures to the east end on this long narrow site. Therefore,
there will be no adverse impact on the circulation of light and air between structures.
Will granting the variance be consistent with the Growth Management Plan?
The granting of the requested variance will not affect or change the requirements of the
Growth Management Plan.
S__TAFF RECOMMENDATION:
That the Collier County Planning Commission (CCPC) recommend approval of Petition V-97-7
·
,"~---
being a petition seeking a variance from the minimum lot area and lot width
property described in the Resolution of Adoption. no.
OCT 2 8 1997
Ill
PREPARED BY:
pRINL'5[PAL PLANNER
REVIEWED BY:
ROBI~RT J. MULHERE, AICP, MANAGER
CURRENT PLANNING SECTION
DON~,~RNOLD, AICP, DIRECTOR
PLAN~qG SERVICES ~RTMENT
O~CENT A. CAUTERO, ADMrN~S'~ R~TOR
COMMUNITY DEV. AND ENVIRONMENTAL SVCS.
Petition Number V-97-7
Staff Report for October 2, 1997 CCPC meeting.
~-8-77
DATE
DATE
DATE
DATE
COLLIER COUNTY PLANNING COMMISSION:
MICHAEL A. DAVIS, CHAIRMAN
V-97-7/STAFF REPORT/RVB/ffo
VARIANCE I ~TITION .- ....
· ,,-.o. ,. ~. .~
(VARIANCE FOR M~ND, IUM S£'rlSACKS, I,OT WlDTtlS & .~. T-AREA): ~.'
PETITION NO. ~] '~ q' '7 DA PETITION RECEIVED .. ,.: .: ',
Petitioner's Name Target Benefit Plan of Im~rial Homes of Naples, Inc., Atm. Daniel E~
Address: 868 99th Avenue North, Naples, FL 34108= Phone: 59%1316 Fax: 597-876!
Co-Agent's Name: William L. Hoover, AICP, qf Hoover Planning Shotme
Address: 3051 Ca~;tello Drive, # 220, Naples. FL 34103_ Phone:403-8899 Fax: 403-9009
Co-Agem's Name: ]~avi(;l $. Wilksion. P.E,. Wilkison & Associates. Ine,
Address: 3506 Exchange Ave., NapleS, FL 34104 Phone: 643-2404_Fax: 643-517..3.
Detailed Legal Description of Subject Property:
Section 10. Township 4gS Range 25E
The Sotnh Half of the North Half of the North Half of the Northeast Quarter of Section
10, Township 48 Soutk, Range 25 East, !ving West of C.R. 887, less and except the North
200 Feet, Collier County, Florida,.
Current Zoning of Subject Property: ~
Existing Land Use on Subject Property:. Vacant and vegetated with a mixture of trees and
~hrubs, including l;ome C.vpres$ trees (.typically on the western I/2 of the site).
Adjacent Zomng and Land Use:
ZONING
N - 0adaleta pUD
S - Arbor Lake Club PUD ..
E - Industrial
W - Sterlin~ Oaks PUD
LAND USE
Golf Driving Range
Va~:a~nt but at~_ roved for 246 M/F I, lnit$ on
22 Acres ~ density of 11.2 units/acre
~ulf $~ream Lum~r with q~tdoor storage
Atrto repair and auto body shop
HomeS on typical 38' x 140' tots
Minimum Standards for the Agricultural District:
Reouiremen~ Std. Parcels.
Min. Lot Area 5 Acres
Min. Lot Width 165'
Min. Yards:
Front Yard 50'
Side Yard 30'
Rem' Yard 50'
Non-Conf. LO~
Reouested Variance
4.09 Acres .91 Acre
132' 33'
40' 50' None
10%, max. of 20' 15'(North)
¢ ~'~'"~ 30'(South) None
30' 50' None
OOT ~ 8 1997
* If petitioner is a corporation oth~ than a public corporagons, so indicate and name
o~cers and major s~ockholders.
* If p~ilion~r is a land wust, so indical~ and name beneficiaries.
* Ii' p~ifiomr is a ~hip, limil~d ~hip or other business cnlity, so indics~
* If l~ilion~ is a l~a.s~, anach copy of l~r,~, and indicau~ actual owners ifnoi indic~l~d
* If p~tilion~r is a conwact purchase, anach copy of con~ract, and indicate actual owner's
name and address.
Property is Owned by: (copy ofdee, d attached)
Targ~ Benefit Plan of Imperial Homes of Naples, Inc.
Daniel E. Conley is trustee and essentially the Targe~ Benefit Plan is the retir~nent plan
for the employees of Imperial Homes of Naples, Inc.
Imperial Homes of Naples, Inc. is a private Florida CorporaQon with Raymond P. Btxmi~
aa Presiden'ff'I'reasurer and Clark Jerneh ~ Vice-Presiden'ffSecretary.
Property Under Purchas~ Conu'ac~ by. (copy of sales conlra~ alxached)
W. ~ Busk, ASIA
816 Myrtle Terrace
Naples, Florida 34103
OBT 2 8 1997
5"/5 :..:24.9
£~.o~ida
($1.00} ~11~ a~ ~ o~e~ vaXu~ie
C~y of Collier
Xor~-~l~ {N 1/2)
10, T~shtp 48 ~, ~nge 2S
o~ Tnm~*~4 Trail (Sta~e ~ad No. 45), being B.69 acres
LAUR~I'- ICTC~XGAM ROSS ETHEL KMLRXS
I ~r~Y C:Z~u ( dui el dGI daYo kdu~ mi* m
Lee, Bamsey a~ Seles~ P.e. ~: PauX
246dl'~c~wes~etn Highway, Suite One
M~chigan 4807S
q
1997
~() ~-
M d~ de~ o* September t9 84 irlmrrn
PAUL F. AR]~S and JOANNE HARRIS, husband and wife
~ ~~ NO/I00 .........
~e ~[h hair O~ the NoF[h hale o~ [he Nor[h ha[~ of [he ~or=heas=
~afllr of Section 10, T~lhtp 48 South, Range 25 East, Collier
~Cy, Florida, lying West of T~iamx Tr3il, less ~nd excep= the
Nor~ 200 feet. thereof.
SU~E~ ~ eas~en2s, rescr:c~Xons and :eservacXons of record, any, a~ =axes for =he calendar year 1984.
STATE OF ~..~,~'~,~1.
PA~ ~S and JOULE ~.~ZS, husband and wi~e
Lays of Floridl, 1971, Chapter 28093
Sectiou 702.02(4), Florida Statutes 1971
CASE ~0.
O. HILT TAT0~, JR., e~ a~.
90-3$03-CA-01-WZ~
~hat he executed and filed · Certl£1cate of Sole
day of ~,lg_q~_, for ~he pro~rty
~G~c~e'~ herein, on · no o ecs oas ~ the sale hate be~u ~iled
vie, his the tine slloved tot filing ob2ectiofls. The tolloving pco1~cty
ia Collier Cc~nty, rlo~ldoz
That portion of the South Half (S %) of tho
of the North Half (N ~) of the Hor~heao~ ~uar~er
10, ~shLp 48 ~u~h, ~ge 25 ~s~, lying
of T~ ~lil CState ~d No. 45), less ~d
200.0 fee~, Collier Cc~7, Flori4a.
vas sold to
JA~r~ C. GILLS,
Clerk o£ the Circuit Court
BY~
D
__DC
1997
(1~I) 1&2-2211
2074318 2202 0759
tI~AI st fl:nm IIIE~ I. IllS, CS~
THLq WARRANTY DEED made fl~e 21st day ofJm~ 1996, by CSD ~ATIONAL,
INC.. n 14assss:hns~s corpotnim, hm~at~ call~ ~h~ GRANTOR, to DANIEL E. ~, AS
TRUgT'EE OF Tt~ TARGET BENEFIT PLAN OF ~ HOMES OF NAPLES, INC.
whc~ post office sddrms is 8~8 99th Avenue Not~ Naples, Florida 33963, herdnaf~ called t~
(Whetm~ used ~ th~ tcrm "grnntor" and 'grante~' include ail the parties to this instrummt ~
the heirs, legal rcpr~mt~ves and assigns of the individuals, and the successors and assigns of
WITNESS~: That the grantor, for and in consideration of the sum of $10.O0 and other
valuable considerations, r~.eipt whereof is hereby acknowledged, hereby grant.s, bargains, sells,
aliens, t~mises, rdcas~s, conveys and confirms unto the ~nu~e, all that ccnain land sittm~ in
Collier County, Floricl~ viz:
Thst portion of thc South l-hlf (S 1/2) of thc North l-hlf (N I/2) of the North Ha/f('N
1/2) ofthe Northeast t~tmu't~ (NE i/4) of Section I0, Township 4~ Sou~t, Ranie 25
East, lyin~ West of the mid-line of Ttmi--d Tntil (Stat~ Ro~l No. 45), l~ss and
cxcept the North 200.0 feet, Collier County, Florida.
Propeny l.D,: 0000000143S20007
with all thc ~ hcrc~tnmcnts and apl:nn'ttmanc~s ~ bclongin~ or
TO HAVE AND TO HOLD lhe same in tee simple
IN WITNESS WH£PJ~OF. thc sa~d g~a~tor has signed ~ sealed d~csc presets the day
yca~ fire abov~ wriucn.
Si~ned, sealed and delivered
Witness 2 - ~ Name
CSD INTERNATIONAL, INC.,
corporation
Its: Pr~d~
STATE OF MASSACI-~SETTS
COUNTY OF
The foregoing Warrant~ Deed was acknowledged befor~ me th/s 21st day of June, 1996.
BRIAN A. I~)NELSON, President of CSD International, Inc., who is l~-rsonaIly known ~o me or
who bas produced a driver' s license as identification.
Typed or Printed Name of No~ry
Comm/ssionNo. 2/19/99 (no nunbet..).
My Commission Expires:
0
1997
2
S
'7
RESOLUTION NO. 97-__
RELATING TO PETITION NUMBER V-97-7,
FOR VARIM~CES ON pROPERTY HERINAFTER
DESCRIBED IN COLLIER COUNTY, FLORIDA.
8 WHEREAS, the Legislature of the State of Florida in Chapter 125,
9 Florida Statutes, has conferred on all counties iC Florida %he power to
10 establish, coordinate and enforce zoning and such business regulations
11 as are necessary for the protection of the public; and .. ...
WHEREAS, the County pursuant ~:here%o has_ado, p.~.ed_a. Land
'D~vel~p~ent Code (Ordinance No..91-102) which establish'es regulations
.p~ 22
'~ 25
for the zoning of particular geographic divisions of the County, among
which is the granting of variances; and
WHERF3%S, 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 variance of 0.91 acres from the
minimum lot area requirement of 5.0 acres to 4.09 acres; and a variance
of 33 feet from the required 165 foo: lot width to 132 feet as sho~ on
the attached plo% plan, Exhibit "A", all in an 'A~ Agricultural zonel
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 regulation~ and i~
accordance with Section 2.7.5 of the Zoning Regulations of said Land
Development Code for the unincorporated area of Collier County; and
WHEREAS, all interested parties have been given opportunity to be
heard by this Board in public meeting assembled, and the Board having
considered all matters presented;
32 NOW THEREFORE BE IT RESOLVEO BY THE BOARD OF ZONING APPEALS of
~ Collier county, Florida, that:
3~ The Petition V-97-7 filed by William L. Hoover, AICP, of Hoover
24 Planning Shoppe and David S. Wilkison, of Wilkison & Associates, Inc.,
~$ representing Target Benefit Plan of'Imperial Homes of Naples, Inc.,
3~ with respect to the property hereinafter described as:
Exhibit 'A" ........ ,- '' "
2
4
S
'to
21.
~e a~d the sa~e hereby £s approved [o= a var£ance of 0.91 ac=es fro=
the nfnim~ lot area requirement of $.0 ac=es to 4.09 acres; and a
variance of 33 feet fro= the required 165 foo~ lo~ vidth to 132 fee~
as shown on the attached plot plan, Exhibit "A", all £n the "A'
Agricultural zoning district wherein said property is located, sub~ec~
to the folXowing conditions:
1. The variance is only fo= the encroachment depicted on
the attached plo= plan.
BE IT RESOLVED that this Resolution relating to Petition Number
V-97-7 be recorded in the minutes of this Board.
This Resolution adopted after motion, second and majority vo~e.
Done this day of ., 1997.
"-3
1.4
2S
1';
1!
20
21
22
:23
24
2S
2~
27
2!
ATTEST:
PWIGHT E. BROCK, Clerk
BOARD OF ZONING APPEALS
COLLIER COUNTY, FLORIDA
TIMOTHY L. ~NCOCK, Chairman
Approved as to form and Legal Sufficiency:
M~r~c~.ie M. S.udent
Assistant County Attorney
AGENDA ITEM
No. ~
OCT 2 8 1997
· I
EX~C~
REQUEST TO APPROVE THE FINAL PLAT OF "LONGSHORE LAKE, UNIT FOUR"
To approve the final plat of -Longshore Lake, Unit Four", a
subdivision of lands located in Section 20, Township 48 South, Range
26 East, Collier County, Florida.
6~;N~IDERATION ~
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of .Longshore
Lake, Unit Four". These documents are in compliance with the County
Land Development Code and Florida State Statute No. 177. All fees
have been paid. It is the intent of the developer to construct the
improvements for this project prior to recording of the plat or to
furnish the required amount of approved security for recording
~rposes 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
.Longshore Lake, Unit Four" 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.
The fiscal impact to the County is as follows.
The project cost is $103, 551.25 to be berne by the
developer.
The cost breakdown is as follows:
a) Water & Sewer - $36,275.25
b) Drainage,
Paving & Grading - $67,276.00
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: $2,331.12
Fees are based on a construction esti~gt4.of
$103,551.25 and were paid in August,
~xecutive Summary
Longshore Lake, Unit Four
Page 2
The breakdown is as follows:
a)
Plat Review Fee
($425.00 + $4./ac)
-$461.92
b)
Construction Drawing Review Fee
Water &
Sewer (.50% const, est.) - $181.38
Paving, Grading (.425% const, est.)- $285.92
c)
Construction Inspection Fee
Water &
Sewer (1.5% const, est.) - $544.13
Drainage,
Paving & Grading (1.275% const, est- $857.77
The Concurrency Waiver and Release relating to 'conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
That the Board of County Commissioners approve the final plat of
"Longshore Lake, Unit Four" 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.
D
OCT g 8 lcjg'/
,~x~6utive summary
Longshore Lake, Unit Four
Page 3
'~':Joh~..R. ~ldsworth, Senior Engineer
:~. ~:rEngineerifig Review
REVIEWED BY:
Engineering Review Manager
Donald W. Arnold
Planning Services Director
~tero~istrator
Co,,.f./nity Development & Environmental Services
Co,~unity Dev. and Environmental Svcs. DIVISION
JRH: ew
Date
Date
Date
/ ~--/?-,~ ?
Date
OI~T ~ 8 lgCj'f
PLANNEO
UNIT
DEVELOPMENTI
IN WESTE
UWdG$'roN IKa~OoC/w
[~A1T. S
NORTH
NAPL
oo
CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDMSION
IMPROVEMENTS PRIOR TO RECORDING OF PLAT
THIS CONSTRUCTION AND MAINTENANCE AGKEEMENT FOR SUBDIVISION
IMPROVEMENTS PRIOR, TO RECORDING OF PLAT AGREEMENT entered into this
day of ,1997 between Longshore Lake Joint Veature, a Florida
Geaeral Partna'~hip, hereinafter rcferr~ to as the "Developer" and the Board of County
Commi.~onera of Collier County, Florida, hereinafter referred to as the "Board".
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for
the appwval by the Board ora certain plat ora subdivision to be know as:
Longshore Lake, Unit 4
2. Division 3.2 of the Collier County Land Development Code allows thc Developer
to construct the improvements required by said subdivision regulations prior to recording the
final plat.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constructed roadways, drainage fac/lilies, water and
sewer facilities, lighting and signage, within 24 months from the date of approval of said..
subdivision plat, said improvements hereinafter referred to as the required improvements. ,
2. Developer herewith agrees to construct said improvements prior to recording said
subdivision plat and the Board of County Commissioners shall not approve the plat for recording
until said improvements have been completed.
3. Upon completion of said improvements, the Developer shall tender it subdivision
performance security in the amount of $10,355.13 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 preliminary approval of
said plat.
'~'fma_7 ! *WI~ 19g6~602~gq'L"'~ml lu470717.doc:
no. 1_~
OCT 8 1997
4. The required improvements shall not be considered complete until a statement of
~bstantial completion by Developer's engineer along with the final project recor£s have been
furnished to be reviewed and approved by the Development Services Director for compliance
with the Collier County Land Development Code.
5. The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his preliminary
approval ofthe improvements; or b) notify the Developer in writing of his refusal to approve the
improvements, ther~vith specifying those conditions which the developer must fulfill ia order to
obtain the Director's approval of the improvements. However, in no event shall the
Development S~-vices Director refuse preliminary approval of the improvements if they are ia
fact constructed and submitted for approval in accordance with the requiremen~ of this
Agreement.
6. The Developer shall maintain all required improvements for a minimum period of
one year after preliminary approval by thc Development Services Director. After the one year
maintenance period by the Developer has terminated, the Developer shall petition thc
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 r,¢fformancc security. The
Developer's responsibility for maintenance of the required improvements shall continue unless
or until the Board accepts maintenance responsibility for the County.
7. In the event the Developer shall fail or neglect to fulfill its obligation under this
Agreement, upon certification of such failure, the County Administrator may call upon the
subdivision performance security to secure satisfactory completion, repair and maintenance of
the required improvements. The Board shall have the right to construct and maintain, or cause to
be constructed or maintained, pursuant to public advertisement and receipt of acceptance of bids,
the improvements required herein. The Developer, as principal under the subdivision
performance security, shall be liable to pay and to indemnify the Board, upon completion of such
construction, the final total cost to the Board thereof, including, but not limited to, engineering,
legal and contingent costs, together with any damages, either direct or consequential, which the
Board may sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
8. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
~lma_71 ~WP'~1986~6029~WTC'w~ ndlu470717,doc
OCT ?, 8 1997
IN WITNESS WHEREOF, the Board and the Developer have caused this Agreement to be
executed by their duly authorized representatives this day of ,19
SIGNED, SEALED AND DELIVERED IN
Tt~ PRESENCE OF:
Wit~ #i ~__~
Printed Name Below
Witne~ #:~
Printed Name Below
Longshor~ Lake $oint Venture
a Florida General Partnership
By: Naples Properties, Inc.
a Florida Corporation, as General Partner
Sandr~ Hesse, Vice President
with full pg~er and authority to bind the
partnershi~
4500 Executive Dr., #300, Naple% FL 34119
ATI'EST:
DWIGHT E. BROCK, CLERK
Deputy Clerk
Approved as to form and legal sufficiency:
~ vi C. Weigel
Collier County Attorney
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Timothy L. Hancock Chairman
%%1.1mm_71 ~wl)%l 9~ $~J6029~w'rC~cl:mll~?0717 .doc
OOT 8 1997
~EQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF "8TONEBRIDGE
UNIT FOUR"~ AND APPROVE THE VACATION OF A PORTION OF TRACT ~C9 OF
SOUTH;d(PTON UNIT ONE
TO approve for recording the final piat of -Stonebridge Unit
Four#, a subdivision of lands located in Section 26, Township 48
South, Range 25 East, Collier County, Florida, and approve the
vacation of a portion of Tract GC9, according to the plat of
Southampton Unit One.
~ONSZDERATION~
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of
-Stonebridge Unit Four". 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 Performance Bond. This would be in conformance
with the County Land Development Code - Division 3.2.9. A
resolution authorizing the acceptance of these re-platted lands,
and authorizing the vacation of a portion of Tract GC9 is
attached. This would be in conformance with Florida State Statute
No. 177.101(2).
Engineering Review Section recommends that the final plat of
"Stonebridge Unit Four" be approved for recording and that a copy
of the resolution approving the re-plat and authorizing the
vacation be forwarded to the Clerk of Courts.
FISCAL IMPACT:
The project cost is $320,583.50 (estimated) to be
borne by the developer.
The cost breakdown is as follows:
a) Water &
Sewer
b) Drainage,
Paving, & Grading
- $ 85,826.00
- $234,757.50
The Security amount, equal to 110% of the
project cost, is $352,641.85
OOT 8 lgg7
Executive Summary
Stonebridge Unit Four
Page 2
The County will realize revenues as follows=
Fund: 113 Community Developn.ent Fund
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $6,200.40
Fees are based on a construction estimate of
$320,583.50 and were paid in August and
October, 1997.
The breakdown is as follows:
a)
b)
c)
Plat Review Fee
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.)
- $ 493.00
- $ 429.13
- $ 997.72
- $1,287.39
- $2,993.16
G]{OWT]{MANAGEM~IT%' IMPACT:
The Concurrency Waiver and Release relating to conditional
approval has been reviewed and approved by the County Attorney's
Office for the project.
RECOMMENDATIONs
That the Board of County Commissioners approve the Final Plat of
"Stonebridge Unit Four" with the following stipulations:
1. Accept the Performance Bond as security
completion of the subdivision improvements.
to guarantee
2. Authorize the recording of the Final Plat of "Stonebridge Unit
Four."
o
Authorize the Chairman to execute the attached construction
and maintenance agreement and Resolution.
That no Certificates of Occupancy be granted until
required improvements have received preliminary acce )tance.
A~thorize the Clerk of the Circuit Court to
notation of this action upon the previous plat.
the
O( T 28
. f,j. ,,?-- .
Executive Summary
Stonebridge Unit Four
Page 3
PREPARED BY:
~ EngI~er
Engineering Review
REVIEWED BY:
Engineering Review Manager
Don---~W. Arnold
~~LtorPlannin~/Se~ies Director
Community Development & Environmental Services
Community Dev. and Environmental Svcs. DIVISION
JRH/ew
Date
Date
Date
I O(~T g 8 lc~7
· UTH RANGE
4
17
"'" ............. " ' ' - LOCATION NAP
"~ . -. ~, * ; .' : - . /,... ..... .
,-.~:. ...j....., . ( : ,'.w: o;.,&-.... .. .
-1,,., ....o.-.. ,, ..... , .....~, · ~ · . . . · ... .
':--~-~; a.:.- ~'.' .... · ' I-'*" ,' . · '* "'' '
· .,o.,.:';2~"~-~.%.--. .... .-m': .... ~-" ' ' ' -' '"-* · *
7a~a:,,,._-...,z,:'. .: ./. ...5 ri,:--,;%. '.: .' :-.::-.<~ . ~ - ' . " . ,.
_"-~i~K' "' .'," ' .'. · ;[' . .... : . No. ~
.~'..~: ..... t.~;.2-.**-*} ....'**- *- ' .... ;'-' , ". ·
~~',..vt.,L--.al ,.";i,' i'.. o-'' '- * * ,*, '.. .' - '" .*" · ' - * ·
.~,:... ....... .,,.-:..... ,.~-,,..,. ........... ..., -..~.:., ..,... - OCT 81997
~.,.,~*j,- ... .:;, ,...t ,:,o .-9 ..... ,~- :. .- · ... . . .*. - ,~.. . .. . * ,
~.-:"~.5¥:...}?:¢ .':%-- :?';'!-. !~:: -.)....:.]' ::.:~! '/~.'.,'..'A.' - /' ... ' .....~ ......' ..: -..
~:,~..~:.;.(~..o.~,,,,]a~ .~ ',~[~, ~PJ;:;,'-. !'. ~i:'.a~ i':_,3' k' z-)5~:...."- fi,. ;',' :.'.' - ' "':':'::"..-,.i.; · :.'..::': ::.,~::.:;-~,', i~', '.'..- r: :-',,": :'- ~. r,, .~ ... --
.,~.....~.,~__,,,,~...~,~..,~:. ~,. ,.... t,.% :~.-.~-.~--~: '.-.: . ....... ,,..' ; · * ', 'z' . ~ .;:~ . %...... ~.."..,.. --.:::.. -* - % - '.. - · '..' ... .;.:.*..':...0
',' . '[~,%,q'f.4~_%.:'r, ! ti: ':,.: ...... ~.,.-: ........ ,. · , ..... · ....... .. · ..-, · .
CONSTRUCTION AND bIAINTENANCE AGREEMENT
OF SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR
SUBDMSION IMPROVEMENTS entered into this day of · 19._., between
TAYLOR WOODROW COMMUNITIES hereinafter referred to as "Devel~)per", and the
BOARD OF COUNTY COMMISSION'ERS OF COLLIER COUNTY, FLORIDA,
.... 'hereir~er referred to as "The Board". ' ' -:. '
RECITALS
1. Developer has, simultaneously with the delivery of this Agreement, applied for
the approval by the Board of certain plat of a subdivision to be 'known as Stonebridge Country
Club, Unit IV, being a replat of Tract H and part ofTract Gcg, of Southampton Unit I.
2. Division 3.2 of the Collier County Unified Land Development code requires the
Developer to post appropriate guarantees for the constr~ction of the improvements required b;
said subdivision regulations, said guarantees to be incorporated in a bonded agreement for the
construction of the required improvements.
NOW, THEREFORE, in consideration of the foregoing premises and mutual covenants
hereinafter set forth, Developer and the Board do hereby covenant and agree as follows:
1. Developer will cause to be constracted:
Infrastructure including drainage, water, sanitary, roads, code required
landscaping within thirty-six (36) months fi.om the date of approval of said subdivision plat, said
improvements hereinafter referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto
as Exhibit "A" and by reference made a part hereof) in the mount of THREE HU/q~RED
SEVENTY-TWO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 85/100
f~ Dollars wMch amount represents 10% of the total contract cost to complete
construction plus 100% of the estimate cost of to complete the required improvements at the
date of this Agreement.
3. In the'event of default by the Developer or failure of the Developer to complete
such improverrients 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 improve~fi~nts.
4. The r~quired improvements sh~ll not be considered complete until a statement of
substantial corhple~ior~ by Developer's engineer albng ~vith 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 Dizector shall within sixty (60) days ofreccipt of the
statement of subetantial completion, either: (a) notify the Developer in writing of his preliminary
approval of the acceptance of the improvements; or (b) notify the Developer in writing of his
refusal to approve improvements, therewith specifying those conditions which the Developer
must fulfill in Order to obtain the Director's approval of the improvements. However, in no event
shall the Development Services Director refuse preliminary approval of the improvements if they
are in fact constructed and submitted for approval in accordance with the requirements of this
Agreement.
6.
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 S~wices Director to inspect the required improvements. The Development
Services Director or his designee shall inspect the improvements and, if found to be still in
The Developer shall maintain all required improvements for a minimum period of
-2-
OCT 8 1997
9. All of the terms, covenants and conditions herein contained are and shall be
binding upon the Developer and the respective successors and assigns of the Developer.
IN WITNESS
Agreement to be executed
WHEREOF, the Board and the Developer have caused this
by their duly authorized representatives this day of
Signed, Sealed and Delivered
in the presence of:
~ET E. BOUCHE'q
I..~ude J. Wood. Peters
Printed or typed name
TAYLOR WOODROW COM3{UNITIES, a
Florida General Partnership
By:
TAYLOR WOODROW HOMES
FLORIDA, INC.
a Florida Corporation, a General Partner
John R. Peshkin. President
Printed or typed name
OCT 8 1997
By:
Signed, Sealed and Delivered MONARCH HOMES OF FLORIDA, INC.,
_L_e presence of: a Florida CorPOration, a General Partner
-~-~-- c ~ '~
M/gq~ £ ~ Jol~n R. Peshkin. President
Printed or typed name Printed or typed name
Laude J. Wood. Peters
Printed or typed name
-5-
AGE~Ip~/[T~4.
OCT 2 8 1997
ATTEST:
DWIGHT E. BROCK, CLERK
Dclmty Cl~rk
Approv~ as to form and
legal sufficiency:
(llier County A.omcy
BOARD OF COUNTY COMMISSIONERS
OF COLLIER COUNTY, FLORIDA
By:
Chairman
Filc:C~MAU4
, /
OCT ,~ 8 1997
PERFORMANCE BOND
KNOW ALL PERSONS BY THESE PRESENTS: that
Bond No. 18.40.14
Premium: S1,863.00
TAYLOR WOODROW COMMUNITIES
9809 NO. AIRPORT ROAD
NAPLES, FL 34110
(hereinafter re/erred to as "Owner") and
AMERICAN HO~.. ASSURANCE CO.
70 PINE STREET
NEW YORK~ NEW YORK 10270
(hereinafter referred to as "Surety") are held and firmly bound unto Collier County, Florida .
(hereinafter referred to as "County") in the total aggregate sum of THREE HUNDRED
SEVENTY-TVqO THOUSAND SEVEN HUNDRED SIXTEEN DOLLARS AND 85/~00
f,$Ju22~J.(lJ~ in lawful money of the United States, for the payment of which sum well and truly
to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns,
jointly and severally, firmly by these presents. Owner and Surety are used for singular or plural,
as the context requires.
THE CONDITION OF THIS OBLIGATION is such that whereas, the Owner has submitted
for approval by the Board a certain subdivision plat named STONEBRIDGE - LrNIT IV and
that certain subdivision shall include specific improvements which are required by Collier
County Ordinances and Resolutions (hereinafter 'Land Development Regulations"). This
obligation of the Surety shall commence on the date this Bond is executed and shall continue
until the date of final acceptance by the Board of County Commissioners of the specific
improvements described in the Land Development Regulations (hereinafter the "Guaranty
Period").
NOW, THEREFORE, if the Owner shall well, truly and faitlffully perform its obligations and
duties in accordance with the Land Development Regulations during the guaranty period
established by the County, and the Owner shall satisfy all claims and demands incurred and shall
fully indemnify and save harmless the County fi.om and against all costs and damages which it
may suffer by reason of Owner's failure to do so, and shall reimburse and repay the County all
outlay and expense which the County may incur in making good any default, then this obligation
shall be void, otherwise to remain in full force and effect.
of any such change, extension of time, alteration, addition or deletion to the proposei
improvements.
PROVIDED FURTHER, that the said Surety, for value received hereby, stipulates and agrees
that no change, extension of time, alteration, addition or deletion to the proposed specific
improvements shall in any way affect its obligation on this Bond, and it does hereby waive notice
NO. ~
OCT 8
PROVIDED FURTHER, that it is expressly agreed that the Bond shall be deemed amended
automatically and immediately, without formal and separate amendments hereto, so as to bind
the Owner and the Surety to thc full and faithful performance in accordance with the Land
Development Regulations. The term "Amendment," wherever used in this Bond, and whether
referring to this Bond, or other documents shall include any alteration, addition or modification
of any character whatsoever.
IN WITNESS WHEREOF, thc parties hereto have caused this PERFORMANCE BOND to
be executed this 12th day of Seotember 1997.
Signed, Sealed and Delivered
in the presence of:
Printed or typed name
Laurie d. Wood-Peters
Printed or typed name
TAYLOR WOODROW COMMUNITIES, a
Florida General Partnership
By:
TAYLOR WOODROW HOMES
FLORIDA, INC.
a Florida Corporation, a General Panner
Printed or typed name
-2-
OOT g 8 lgg7
oe
By:
Si~nod, Sealed and Delivered MONARCH HOMES OF FLORIDA~ INC.,
,,of: a Florida Corporation, a General Partner
~rinted or typed nam~ Printed or typed name
Laude J. Wood-Peter~
Printed or typed name
The foregoing instrument was acknowledged bef°re me this -~--th day 0~fi'd~997
byJ./~~ as President of both Taylor Woodrow Homes Floriffa, Inc., a ~'1¢ '
Corporation and Monarch Homes of Florida, Inc., a Florida Corporation, as the general partners
of TAYLOR WOODROW COMMUI~TIES, a Florida General Partnership.
/~who is personally kno.wn, to me.; or ,.
who has produced a Florida driver's ncense as identification
and did/did not take an oath. ~
ll_ - ~-~: ~ -" ~ Print Name_
~ ~ st~ ~ I! My Commission Expires:_
~ ~ ~. ~ Ii Commission Number:.
-3-
OCT 2 8 1997
AM~E~ HO~iE ASSURANCE CO.
By.~/~ )'-.~)
Steven N. Passerine, Attorney In Fact
Joseph- Pietrangelo; Florida Resident Agent
The foregoing im'tnm'tent was acknowledged before me this th day of 199.2, by
as of AMERICAN HOME ASSURANCE
CO.,
who is personally 'known to me; or
who has produced a Florida driver's license as identification
and did/did not take an oath.
NOTARY PUBLIC
Print Name
My Commission Exph~:
Commission Number:
·
Hle:cAamldocs~3U4
AG£N~A. ffEM
OCT g 8 1997'
CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT
State of California
County of San Francisco
On 9112197 before me, I~THLEEN EASE ,
OAI'~ NAME. TITLE Of OFFICER · E.O~ 'JANE DOE. NOTARY
personally appeared Steven N. Passerine ,
· [~3 personally known to me - OR - I'-] proved to me on the basis of satisfactory evidence to
be the person(s) whose name(s) is/are
subscribed to the within instrument and ac-
knowledged to me that he/she/they executed
the same in his/her/their authorized
......... capacity(ies), and that by his/her/their
~ K^THI.EEN F.~RL£ t signature(s) on the instrument the person(s),
[~Z-;~4~..--~KOT,~..qypUBUC.CAU£OR~A ~ or the entity upon behalf of which the
~~.,c.,.,.t.~,,,.,o~l.,m ~vv_ . . person(s) acted, executed the instrument.
WITNESS my hand and official seal.
f~ATU;IE Of: NOTARY
OPTIONAl.
Tho~h th~ daha ~o~ Is no! r~luk~d !~, law, it may prove vaYuable to I~ons relying on the docume~
fraudulent reatlachment of this form.
CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT
B INOIVlDUAL
CORPORATE OFFICER
TITLE OR TYPE OF DOCUMENT
T~.E(Sl
D PARTNER(S) F~ LIMITED
GENERAL
ATTORNEY-IN-FACT
TRUSTEE(S) NUMBER OF PAGES
GUARDIAN/CONSERVATOR
OTHER:
SIGNER IS REPRESENTING: DATE OF DOCUMENT
taut 04, ~s~ c~ [N~rrvt,[s~
THE SURETY COMPANY
t
~' ° ~'mericnn Flome Assurance Company
· , ,~a~on,'fl Unlon Fire Insurance Company of ?ittsburgh,
Principal Bond niece: 70 Pine Street, New York, N.Y. 10270
POWER OF ATTORNEY
No. ~
ICNOW ALL blEN BY THESE PRESENTS:
That American Home Assuranc~ Company, a Nc~v York corporation, and National Union Fire Insurance Company of Piusburgh.
Pa., a Penns)'ls~ni3 corporation, docs each hcrcby appoint
wSteven N. Passerine, Kathlccn Earle, Laura L. Plaisant, blichacl B. blcGowan, Robcrt E. Chos~ck: of San £rancisco, California--
i~s true and lassful AttomeT(s)-in-Fact, with full authority ~o ~xccutc on its tx:half bonds, undcrta~ngs, recognizances and off,ct
contracts of indemnity and ~szitings obligatory in the ~ture thereof, issued in the course of its business, and Io bind the respective
company thereby.
IN WITNESS WIIEREOR American Home Assurance Company and National Udon Fire lnsurs_nce Company of eiusburgh, Pa.
I~ve each executed these presents this 21sl day of Aoril. 199..~.
National Union Fire Insurance Comp:my or Pi,sburgh, PA.
F_x~zutive Vice Pn:sidcm
American Home Assurance Compan.v..
STATE OFNEWYORK }
COUNTY OF NEW YORK }ss.
On this 21si day of ^oril. 1997 before me came the abov¢-
na..:'.,ed officat of American Home Assunr~ Comp-my and National
l:mon F~'e L,~uranc¢ Company of Pittsbu.r~. Pa., 1o me ~-rsonally
L'~r. sn lo be the individual and ofl'x.~' descn'lx'd herein.
a,:knmsledsed that he executed thc l'ategoinl L,m.m~ent znd efts.xed
~:~: ~r. ds oft, aid corporations thereto
C=tr~n~$$c~, ~.~:~::1% ~ 13.
CERTIFICATE
L ~¢r~s of R~solutions adopt~ by th~ Bo~r~s or DLr~ctors of American Home Assurance Company and National Union Fire tns~r~nc¢ Cmnpan.~
· :'l',:,.~ur~.% Pa. on ~L~/I$, 1975:
'RESOLVED. that t.he CKairman of the Board. the Presi&:nt, at any Vice Preside-at be. and be-reby is, au~oriz~ to appoint Attorn~'s-in-Fa.'~ to
:.Tic.mt and acl for and on behalf or the Company to execute bonds, ur, der~kin~s, teeo~,~.zanc~ and other contracts or ind~n~i~- a.nd
.:."::~mr~.- m the na:~c tho'~f, sz~ to attach l~'¢to the corpo~t¢ seal of th~ Compaq.'. ia I1~ tr~,uaction of its sute~.' busines.e.
'RESOLVED. that the signatures and attes',ations or such officers and t,~e s¢~l of the Compa.'? may be affixed m an)' such Pow~ of Allatr~?' at to
.~..: o...fl,fi~ale reL~tinI thereto by facsimile, and any such Po~:t or Attorney at c~tificate b:a,'~.~ such/acsimil¢ si~tu~es at ~s.~mil¢ k-al sl.all
.~..'sahd and bindin$ upon th~ Company ~h~ so affixed with respect to any bond, m-,d~akinI. recognizance or other contract of indemnity or
~s.*:::::~ obh~toO' itl I~: I~ture th~eof~
'RESOLVED. that any such Allorn~,.'.in-pac~ d¢liverin~ a s¢creL~rial ¢c:~ification that Ibc foregoin~ resolutions s~ill be in ¢ff¢~.'1 may in.~'tt in
..-:.::t:.,mhon the date thereof, said dale to be no~ L~ter than the date of delivery thereof by such ^norr~.'-ia-FacL®
: t;lstat~.-th M. Tuck. Secretary of Am~.rican Home Assurance 'Cmnpany and of National Unlo~ Fire ia.~u'ance Company of Pittsburgh. Pa.
F.,..:.d~s catttfy that II~ fateloint excerpts of Resolutions ~.lopted I~r tl~ Bo~ts of Dir~x'tors of these cc~porations, and the possers of A,atn..
...::~ p,r~mam thereto, are ~ ~ corr~-t. ~d that both the Resol~.ioos and the Poi'ers of ^,ome~ are in full force and ¢ffo.-t.
I.x '~. IT.NESS WHER£OF. I have hereunto se~ my hand and afi'~xed thc facsimile seal of each catpo~tion
this 12th dayot_Sqptember .19 ~)7.
I
4
6
?
9
RESOLUTION NO. 97 ...
RESOLUTION AUTHORIZING THE ACCEPT~ICE OF STONEBRIDGE
UNIT FOUR A REPLAT OF A PORTION OF A pREVIOUSLY RECORDED
PLAT KNOWN AS SOUTHAHPTON UNIT ONE, AND AUTHORIZING THE
VACATION OF A pORTION OF TRACT Gcg, OF A PREVIOUSLY
RECORDED PLAT OF SOUTHA/~PTON ~IT O~IE ACCORDING TO THE
AT~'ACHED LEGAL DESCRIPTION~ PETITION AV- 97-018
10
Il W'KERY.~S, the Board of County Commissioners of Collier county,
12 Florida, on June 23, 1992, approved the plat of Southampton Unit One
13 for recording; and
14
I.S WHEREAS, Taylor Woodrow Communities ~s replanting a portion
~6 of Tract Gcg, and has fi~ed for a replat of said lands~ and
~S, 'except as provided for in this Resolution, this
19 replat does not extin~lsh or in an~ay effect th. dedications
20 contained in the previous pl~t of th~se lands; and
22 . ~, Taylor Woodro~ Co~l~i~kes desires to vacate a
23 portion of the previously recorded plat as descried In ~h~b~ A;
2~ and
26 ~ER~S, ~h~s parcel, the approved pla~ of S~onebr~dge Un~
27 F~r, ~s a par= of a previously approved and recorded plat,
2~ Southampton Unit One, and the filing and recording of ~h~s approved
29 plat shall not affec~ access to lots previously conveyed under the
~ Sou=hemp=on Unl~ One pla=.
31
32 NOW, ~EFORE, BE IT R~OL~ ~D O~ BY ~E ~ OF
33 CO~Y CO~ISSION~S OF COLLI~ CO.TV, F~DA, tha~ ~he pla~
34 Stonebridge Uni= Four, a par= of a previously approved and recorded
3~ plat, Southamp=on Unl~ One, is hereby approved fo= r.cording and
~ dedica~ions contained on ~he pla~ of S~onebridge Unl~ Four are
37 hereby accep~ed~ and those lands described ~n ~bi~ A are here~
3~ vacated. Said vacation shall become effective upon recordation of
~9 ~he subject pla=.
BE IT ~ RESOLVED ~D O~ED ~ha~ ~he Clerk of
4l Circui~ Cour~ shall make proper no~a~ion of th~s action upon the
~ previous plat and record a certif~ed copy of th~s repla~ and a
~ certified copy of the vacation resolution in ~he Official Records
4~ Collier County.
Th~s Resolution adopted after mo~on, second and
4l vote favoring same.
49
~i DATED:
~2 ATTEST:
~4 DWIGHT E. BROCK, CLERK
~5
61 Approved as to for= and legal
62 sufficienc~:
6S ae"~d~.- F~ Ash=o~
~ Assistant Collier County A=to~ey
67
69
COLLIER COUNTY, FLORIDA
By=
~II<OTHY L. HANCOCK
N~.~
?-' .'" t'. :
OCT 8 1997
' ATI'AcH/~ENT D
..... '"' PgTITIO'N TO VACATE· AVANDON. DISCONTINUE. OR CLOSE
.... Pet£tione' '*
....
· '-- : -:~ '. c~/s~.~:
.... ...,~ .A~ent: . ?lp Code: . : .'
- ' - ~: ~,~'~ l ~~,'~ "-~'.~: ::,. ;-' ~: : .. ....
, - A~d~ess: - · ' ..... Telephone:
Cl~/~t&te: .. Zip Code:
· ' '~ ~cation: 'Section ~'~ ':"" To.ship
..
Subdivision:
· Plat ~ook ..... ~ ".T,.'j.'~' . . PageCs) · ~- "~
~e&s~ fo7 ~equest: ........ . .. ......
_.. . .-.
' Current Zoning: Does this affect density?,
Hereby Authorfz~gent Above to Represent He for this Petition:
Yes No
SlgnSture of Petiotr~eX~
i
Date
Printed Title
Please see "Policy and Procedure of Vacation and Annulment" for the list of
supportive materials vhtch must accompany this petition, ·nd deliver or mail to:
Transportation Services Division
Collier County Coverr~0ent Complex
Naples, Fla. 33962
Telephone: (941) 77&-8494
*(1)
(2)
(3)
(4)
(~)
If applicant .is a land trust, so indicate and name beneficiaries.
If applicant is corporation other than a public corporation, so indicate
and name o£ficers and major stockholders.
I[ applicant is · partnership, limited partnership or other business
entity, so.indicate and name proincipsls.
I~ applicant is an o~ner, indic·re exactly as recorded, and list all other
ovners, if any.
If applicant is · lessee, attach a copy of lease, and indicate actual
ovners if not indicated on the lease.
OCT ~ 8 1997,:
REQUEST TO APPROVE FOR RECORDING THE FINAL PLAT OF wCARLTON LAKES
.TRACT ~", AND APPROVE THE VACATION OF Tracts RAND C1 ACCORDIN~ TO
THE PLAT OF CARLTON LAKES UNIT NO. 1, PETITION AV-97-012
OBJECTIVE t
To approve for recording the final plat of "Carlton Lakes Tract
G,", a subdivision of lands located in Section 19, Township 48
South, Range 26 East, Collier County, Florida, and approve the
vacation of Tracts G and C1 according to the plat of Carlton Lakes
Unit No. 1.
CONSIDERATIONs
Engineering Review Section has completed the review of the
construction drawings, specifications, and final plat of "Carlton
Lakes Tracts G". These documents are in compliance with the
County Land Development Code and Florida State Statute No. 177.
All fees have been paid. A resolution authorizing the acceptance
of these re-platted lands, and authorizing the vacation is
attached. This would be in conformance with Florida State Statute
No. 177.101(2). The resolution has been reviewed and approved by
the County Attorney's office.
Engineering Review Section recommends that the final plat of
"Carlton Lakes Tract G" be approved for recording and that a copy
of the replatting resolution be forwarded to the Clerk of Courts.
FISCAL IMPACT
The County will realize revenues as follows:
Fund: 113 Co~nity Development Fund
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $950.00
= AGE~
OOT ?., 8 1997
Executive Summary
Carlton Lakes Tract G
Page 2
The breakdown is as follows:
a) Plat Review Fee
b) Vacation Petition
- $450.00
- $500.00
91~OWTH M]tNA(~EM~ IMPACT ~
The Concurrency Waiver and Release relating to conditional
a~ro~al hae been reviewed and approved by the County Attorney's
Office for the project.
~COMMENDATION~
That the Board of County Commissioners approve the Final Plat of
"Carlton Lakes Tract G" with the following stipulations:
1. Authorize the recording of the Final Plat of ,Carlton Lakes
Tract G."
2. Authorize the Chairman to execute the attached Resolution.
3. Authorize the Clerk of the Circuit Court to make proper
notation of this action upon the previous plat.
PREPARED BY:
John R. Houldswortn, Senior Engineer
Engineering Review
REVIEWED BY:
Thomas E. Kuck, P.E.
Engineering Review Manager
Donald W. ~rnola
p~~g Services D_irector
community Development & Environmental Services
C~,'~%unity Dev. and Environmental Svcs. DIVISION
J~{/ew
Date
Date
Date
Agent '._ Telephone: -
-- Zip Code:_,
}%d6re s $: ,
City/Sta-te =_
Location'. Section --
TracZ "G" to
~gai DescriptLon~ ~~o
Plat Book 26 -
Dooa tht~ affect denGlty?
~ Hereby AuthoriZe Agent Abovo to Represent Me for thi~
petition: - Ho
Da%e
printed Title .
Please see ,,Policy and procedure of Vacation and Annulment" for
tile list of supportive materials which must accompany this
petition, and del~ver or mail to:
collier county Project
Engineering Rev~e~ Services o~ .
Community DeVelopment nnd £nvlronment~
Services Division
Collier County Government co~ple~
Uaples, Fla. -33962
Telephonm~ (9~1) 64~-5471
OCT 2 $1997
Lf S 89'09'18'W 124.61
L2 S 89'09'18'W 337.20
/.3 S 29'08'37'E 117.97
L4 S 27'50'48'E 27.,.t2
L5 S 3119'11°E 109.51
L6 S 42-/7'59'E 24.35
L7 S 38'52'43'E I06. 75
L8 S 68'49'4f'E 31.37
L9 S 32~4'2I'E 115.36
L10 S 20'36'45°E 49.07
L11 S 16'41'19'E 118.93
L12 N 73'18'41°E 100.02
L13 S I6'41'19'E 110.07
L14 N 62'02'05'W 23.75
L15 S 67~2'42'E 87.17
L16 N 70~3'$5'E 104.66
L17 N 77~I'14'E 37.66
L18 S 78~9'26'W 112.92
Lf9 S 83'39'23'E 39.65
L20 S 84'32'14'W I08.69
L21 N 80~2'15'E 52. 75
L22 N 89'35'47'E 114.68
L23 S 76-/0'I2'E 55.99
L24 N 85~2'08'W 127.84
L25 S 01~08'14"E 761.07
L26.-- S 01'08'14'£ 218.79
L27 N 63'27'32'E 105.68
[.28 N 00'50'43'W 127.91
TRACT "N* A.E., D.E. AND Id.E.
(LAKE)
20' A.E
TRACT "G"
k A.E., D.E. AND M.E.
I
TRACT "G" \ \
\
TRACT :M" N"X ,,
..... ~ACT "B" ~ _ .
- oo' O A NA E EASEMENT
(DEED BOOK 44, PAGE
IHHOKALEE ROAD [COUHTY ROAD HO. ~4E]
f!00' R.O.W.~,
~ ~ ~ _CHORD
Cl 35'55'20" 25.00 15.67 I5.42
C2 90'00'00' 25.00 59.27 35.36
C3 45'20'46" 150.00 118.72 I15.64
C4 11'56'27' 485.00 101.08 100.89
C5 64'/8'14' 50.00 56.12 53.22
;" = 200'
N 50'52'01'W
S 28'/8'41'w
N 39'21'42'w
N 21'59'42'E
S 31'/8'25'W
PREPARED BY:
--"S--"''q IZ--T'-_ . ~ fill lllllll It IIIII
BY: '-----
RICHARD L. SHEPHARD. P.S.M. NO. 24.74
sc~::~ s~.~-r: ~
C~CKED
LAND DESCRIPTION
ALL OF TRACT "G" TOGETHER ..WITH ALL OF TRACT "C1' OF THE PLAT OF
CARLTON LAKES UNIT NO. 1, AS RECORDED IN PLAT BOOK 26, PAGES 65
THROUGH 72, PUBLIC RECORDS OF COLLIER COUNTY, FLORIDA.
PREPARED BY:
nt.[ NO:._.......,.,t,~
PROJECT N(
PUBLIC NOTICE
On October 28, 1997 the Board of County Commissioners will
consider a Resolution to vacate a portion of the recorded plat
of #Carlton Lakes Unit No. 1", and approve for recording the
plat of "Carlton Lakes Tract G". The item is scheduled to appear
on the Consent Agenda as ,,RECOMMENDATION TO APPROVE FOR
RECORDING THE FINAL PLAT OF "CARLTON LAKES TRACT G", AND APPROVE
THE VACATION OF TRACTS.G AND C1 ACCORDING TOT HE PLAT OF CARLTON
L~KES UNIT NO. 1, PETITION AV-97-012". Persons wishing further
information, or to have the item removed from the Consent Agenda
and placed on the Regular Agenda should contact the Planning
Services Section of the Community Development and Environmental
Services Division of Collier County Government at 403-2400.
OCT 8 1997
7
July 3, 1997
Mr. John Holdsworth
Collier County Community Development
2800 North Horseshoe Drive
lq~l~s, FL 34104
RE: Plat of Tract "G", Carlton Lakes, ABB PN 6696-2
Dear John:
The names of the property owners within 250 feet of the easements to be vacated within Tract
"G" are as follows:
NTC Development, Ltd.
2405 Piper Blvd.
Naples, FL 34110
Pelican Strand, Ltd.
2706 Horseshoe Dr. South
Naples, FL 34104
If you need any more information, please let me know.
Sincerely,
AGNOLI, BARBER & BRUNDAGE, INC.
Richard L. Shephard, P.S.M.I~_
~'p-~7.$6$K?.LTR
Alaln Offk~:7400T~ai~niTrfil N.,Sukc 200, N~lc~Fl°dd~ ~410~ · (941)S97-3111. PAX:~
Lee Coa~o~ 1625 Ha'u:lry St., Suit: 101, Por~ Mycfl, FJorkh 33901 · (941) 334.1173 · FAX: (9411
OCT 2 B 1997'"'
) S66-~.03 J~
RESOLUT[O:i ::0. 97___..
I
2 CCEPTANCE OF CARLTON LAY'S
4 RESObUTION AUTHORIZING THE ;. ..... ~'OUSLY RECORPED
5 TRACT G, A REPLAT OF A pORT~ON OF a
6 PLAT KNO',~ AS CARLTON LAKES b.~IIT No. 1, ~.ND AUT~OP. IZlNG
7 THE VACATION OF A pORTION OF A PREVIOUSLY RECORDED pLAT OF
$ CA.RLTON LAKES UNIT No. l, ACCOPDING TO THE ATTACKED LEGAL
DESCRIPTION, PETITION AV- 97-012
9 lot. ers of Collier County,
~O Lakes Unit No.
%! %¢~.EREAS, the Board of Cou?.tY Co..miss
%2 Florida, on April 23, 199~ approved ?' plat of carlton
~] 1 for recording; and
Tracts G and
15 W~EP. EAS, NTC Development Ltd. is replatting
16 and has filed for a replat of said lands; and
17 ,- - xce t as provided for in this Resolution, this repla~
15 WH..REAS, · P _ an...a~ a~e~t the dedications contained in
ct extinguish or in ~- ~ i~ '
19 does n -,-, -~ ~hese lands;
~0 the previous p~ ~' -
WHEREAS, )irc Development Ltd. cle.si?es, y_~c~b
23 the previously recorded plat as described ~n
this arcel, the aP9'°red plat of carlton Lakes TraCt
24 ~EREAS, P. - rove~ and reco-ded plat, Carlton Lakes
~ a art of a pre¥?usly_ap? .... ~dina of %'~ia approved p_lat shall
26 G, is P. .-~ ,~ ~lling anu ~.-- ' ---~ ..nd-r the Carlton lakes
~7 Unit No. ~, ~'~ '"_-_ ~_,. ~reviously conv~y=~ -' -
l~ ~o~ affect access ~ ~'- ~
~ Unit No. I plat.
~ ~ERS OF COLLIER CCb~, F~IDA, that the
' '& ' - viously approved and recorded
~ ~o, ~s~R=~°~' ~E ~ ~=sou~m ~ oP~ ~Y ~ ~o~ o~
C0~%~ CO~ _ - ~ ~ oart o¢ a pre. _._~ ~ r recording and
olaf, Carlton ~ ...... -; _a ~ ~he D~at or ~a~ ..... here~
the dedications contaxncu ..... %escribed in E~ibit A are
36 hereby accepted, and those lands
37 vacated. Said vacation shall become effective u~cn records=ion of the
)s s~ject plat. . , . E~=D that the Clerk of the
~ ~ ~so~ ~ 9~]_:-_,
40 BE IT F~-,~'1 ~ke proper r.::auloa _~-.~. vscation resolution
4t Circuit Court "['~,-,A -ce~tifie~ COpy oa ~
42 previous plat aha ~c~-- a -
41 in the Cilicia! Records of Collier c=unty.
This ReSOlUtion adopted after ~mtion, second
46 favoring same.
47
4~
49 DATED:
~ ATTEST:
~ COLLIER CO~,
53 DWIGHT E. BROCK, CLERK
By: __
TIF~TRY L. ~K
~9
~ Approved as =o fo~ and le~al
~ sufficfenc~: .
, . /r dt l
65 Heidi F. AshCon
~ Assistant collier county Atto~ey
OCT P., 8 1997
LAND DESCRIPTION
ALL OF .TRACT "G" TOGETHER ..WITH ALL OF..TRACT 'Cl" OF. THE PLA'T OF
CARLTON LAKES UNIT NO. '1, 'AS. RECORD£D IN PLAT.BOOK 26,. PAGES 65...
THROUGH 72, PUBLIC RECORDS OF.COLLIER COUNTY, FLORIDA.':'~':~-;''''''
:~,~O~I~T~O~ TO (FRLNT FIN~.L ~.cc~CE OF THE
~ND SEWER iMPROVEMENT5 FOR THE FINAL PL~T OF -STONEBItID~E UNIT
, gran~ final acceptance of -Stonebridge Unit Two~
1995 the Board of county Commissioners granted
On July 11, acceptance of the ro-~way, drainage, water and
preliminary
sewer improvements in -Stonebri~ je Unit Two".
2. The roadway, drainage, water ~r4 :;ewer improvements not
required by the plat to be naimtained by the proJect*s
homeowners association will be maintained by the County.
3. The required improvements have been constructed in accordance
with the Land Development Code. The county Development
· Services has inspected the improvements and is recommending
final acceptance of the improvements.
4. A resolution for final acceptance has been prepared and
approved by the County Attorney's Office. A copy of the
document is attached.
FISCAL IMPACT:
a drainage water and sewer improvements not required to
The roadw y, ..... ,- - ..... ers association will be
be mai,rained by =n_e pr_?]e_c~__-__~.-~, ~artment and the County
ined the county Tr~-~- ......... = u kee
mainta . by utine maintenance and p P
Utility Divisions. Fund.s.for t_he~ ~_o. ce bud ets of the
~¢~ .~ ~rom the Opera.ions anu. ~a~n. te. na.n g
'~ ..... .- --~ -----~ ..... d Utility Divisions-
~ROWTH M~I~A~EMENT IMP]%CT~ None
:~.,.~Executive Summary
S~onebridge Unit Two
Page 2
~at the Board of County Commissioners grant final acceptance of
the roadway, drainage, water and sewer improvements in -Stonebridge
Unit Two" and release the maintenance security.
1. Authorize the Chairman to execute the attached resolution
authorizing final acceptance.
2. Authorize the release of the maintenance security.
Date
· ii:i.i:" E~gineering Review Manager
Plarutt~g Services Di, r~ctor
~incen= A. Cautero, A~inistra~or
,:, C~ity Dev. and Enviro~ental Svcs.
¢cmmmity Dev. and Environmental Svcs. DIVISION
Date
Date
PLANNED
UNIT
DEVELOPM~N I, ~,
IN WESTERN
o o
Oo
~T N
U
· :': EST
2
4
~2
~4
2O
2!
22
KESOLUTION NO. 97-~
RESOLUTION ALrTHORIZING FfNAL ACCEPTANCE OF
THOSE ROADWAY. DRAINAGE. WATER AND SEWER
IMPRO~$ IN STONKBRIDGE UNIT TWO.
RELEASE OF ~ MALNTENANCE SECURITY. AND
ACCElrTING TKE ~LMNTENANCE RESPONSIBIL'~TY
FOR ~ ROADWAY, DKAINAGE , WATER AND
SEWER I~fPROVEMENTS THAT ARE NOT REQUI]~D
TO BE MAINTAINED BY THE HOMEOWNERS
ASSOCIATION. - -
WH]EREAS, the Board
1995 approved the'plat' of StbDebfidge U~t T~o f~r reCOrding; and ~ :"- - '
WHE~EA$,.th.e d ..c~_loper has
and ~-wer ~proYements ~ accordance v~ ~ approved plang and ~caflons and ss ~quked
by the Land Development Code (Colllc~ County C~dinance No. 91-102, Is Imend~; and the
Utilities Standaxds ~nd Procedures Ordinaflc~ (Co~er County Ordinance No. $$-76, ss Imended),
and ·
24
2S WHEP, EA~, the develop~ has now requ~ed final acceptance of the ro.edway, d..~nage,
26 water and sewer ~-nprovcmen~ and release or~s n~gntenance security, and
27
28 WHEREAS, thc Complb~ce Services Section of the Development Services Department
129 has inspected the roadway, drainage, water.and sewer |mprovcm.e~. ts..s~., is .r.ecommendin$
30 acceptance of said facilities. '
31 .......
ow, T R dRa SS T SO ,RD COtn rr .
33 CO,~MISSIONERS OF COLLIER COUNTY, FLORIDA, that final acceptance be granted for
34 those roadway, dr~mge, water and sewer improvements in Stonebridge Unit Two, and authorize
35 the Clerk to release the maintenance security.
36
37 BI:- IT FI.IR~ RESOLVED AND ORDERED that th~ County accept the Rtture
38 maintenance and other at~enda~ costs for the roadway, drainage, water and sewer improvements
39 that Lre not required to be maintained by the homeowners Lssociation.
40
41 This Resolution adopted after motion, second and majority vote favoring same.
42
43
44
45
46
47
49
$0
$1
52
$3
54
~6
$7
DATE:
ATTEST:
DWIGHT E. BROCK, CLERK
Approved ss to form and legal
sufficiency:
i'~. ~shtbn' .- ._
BOARD OF COUNTY CO$~tISSIONERS
COLLIER COUNTY, FLORIDA
B~
TLMOTHY L. I{AZ~COCK, CHAZRMAN
~,~;~ 58 ,assistant Collier County Attorney . .
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE A CONTRACT RENEWAL BETWEEN COLLIER
COUNTY AND THE FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION(FDEP~
FOR THE CLEAN-UP OF PETROLEUM CONTAMINATED SITES, IN COLLIER COUNTY.
OILrECTIVE: To ob~in approxal from the Board for the County's Pollution Control Dcparuncnl~D)
to prox'ida contract adrninistration and Remedialion serxices for cleanup of petroleum conlaminated sites.
under a contra~ ~ith the FDEP.
CONS[i}ERATIONS:
1) Sin~ 1990 the Coup' ICD has been ix~idin~ contract administmion and nsnedi~ion
services for the clean-up of i~:troleum comaminaled ~ile~ tlu'ou~ Colli~r Co~n~', under
Coniracl ~ith the FDEP.
2) Annually, the contracl b~wct'n the FDEP and the CouP' has bo~ r~ised, amended or
n~$oliated lo refleci the chan~,ing fir~:al, ief~al or l~islalix'~ conditions and ~
3) The curr~nt af, reem~nt is dated Noveraher 6,1996 and is contained in Contr'~c~ No. 445.
4) The FDEP is now proposing a n~v conlracl(GC 530) for the curr~t fiscal )-ear.
5) Thc tolal value of the Coniracl is $454,259.05
6) Paymen! to the Count' ~xill he in 12 equal monthly paymonts.
FISCAL IMPACT: FDk-P ssill reimburse the Count.' for adminislrali~ svotk conducIed nol lo
$54,259.05. The S~ate sill make adx~nce payments of $400,0~o the Count).' for on-site Remediation
count.' contracior~. This program has been inclu? i.n .FY 9?/?$ Budl~'i, and appr~rialed in Fund 10S,
Cot~Center l?896&Pollui;ion Clean-up ~-una ~.n x;ne amounl; of $500,000 and
S5,000 for aciminisi;rsi;ion expenses.
GROWTH MANAGEMENT IMPACT:
Cl~p of pelroleum contaminated $ilc~ is consislcnt ssiih Objeciiv¢ 1.5 of the Natural Grouixi
Recharge sub-element of the Public Facilities element of the Coun~"$ Gro~xlh Managm~'nt Plan. Il
satisfies ~e objecti~ of the Ground Water Prolcon Ordinance.
RECOMMIiNDATION: That the Board of Count).' Commissioners:
(l) Authorize the Chairman to sign the attached Coucracl ren~s~l (FDEP C. C530) ~ith the Florida
IX-partment of Enxironmemal Protection (FDEP) for funding no! to ex..__,:*x'd_ $454,259.05.
(2) Authorize staff lo make all necessaD' budgel amendments and to implemenl the Contracl as ~,-~'nted
~ith this executive sun~ary.~
Enl;ineerins projec~ Manater
REv w o aY:
G. Georg,~ Yilmaz, l~ireaor
Pollution Co~tm" ][;~'"l:~artment
Vincem~,~amcro, AICP, ,a, dmi~or -~' ~
Community D~-elopmen! & En~dronmemal Services Division
OCT 8 1997
DEP ~ No.
COMIdL~ONERS, whose address is Col~-'r Count~ Pollution Control Depamnent. ~1 Fast Tamhmi Trail.
a~ ~ fo~:
~ i~e ~o~sibiliry of the Depammm! ~ceivin~ federal f.~4~g from ~ U.S. _Enviromnm~l
Dr~ co~t,M ~o. GC.~, ~'q, 1 or u OOl t 8.1997
Conwact to include provisions necessary to allow the Conuaaor to properly ,_,~,,~i,~' the federal funds.
Xn the event the EPA does not agree to the Contractor's a,4-~hlrafion of such fundin~ or the parties hereto
are unable to agree on s.nx~,4_mcnu to this Contract which ~ necessary to enable the Contractor to
ad~+-~-~ the fun~ug and cleanup of non-prosrtm sites, then the Deptv*m~! rcserve~ the ri~J~k upon 10
days notice to the Conwactor, to d~tecdy manage s~! con~zact for cleanup of any non-~ ~
including those sites which may have been a~i~ned, tkrou~h a ~ tssi~m~tt not. cation, to the
Con~ctor.
The Conu'actor shah perform the so-vices in a proper and satisfactory rp,,~er u dctn'r~,,~ by the
Department.' Any and all such equipment, products or materiah necemry to perform tlx~e services, or
t~quimnents ts further stated herein, shall be supplied by the Con~ractor.
The Conwactor shatl perform ts an independent conwactor and not ts an agent, rcpr~ntativr., or employee
of the Depa~m~nt
The Contzactor shall ~c rc~pons~Ic for obtaining ali applicable locat, rote and federal pcrmita.
This Contract shah begin upon execution by both parties or October 1, 1997, whichever date is hter, and
shall remain in effect until September 30, 2001, inclusive. This Conwact may be rcnewed for an additiontl
term not to exceed the original Contract period. Renewal of this Contract shall be in writing and subject to
the same term~ and condJdo~ of t~is Contract Ali rencwais arc contingent upon satisfactory pcfl'ormance
by the Cont~tor and thc ava~labilitT of ~ods.
As consideration for the services rendered by the Coniractor under thc terrm of this Contract, the
Department shall pay the Contraclor on a combination fixed price/cosl reimbursement basis ts follows:
Category I - Management of the Pre.Approval/Non-Program/Voluntary Cleanup portion of the
Pctrolcum Covt*~tion Cleanup Program and State Cleanup Project Management:
For Category I services, the conu-actor shall be paid on a fixed price basis. The fixed price is
b~sod on the level of effort mea.~trcd in personnel required to manage Pte~ppmval~on
Program/Voluntary Cleanup and State Cleanup Sites. The numbcr and level of personnel, cost of
personnel and overhead ar~ based on the Conu-acton actual cost and the total numl~ of sites the
Conwactor manages. Consideration in ~ ofpersounel time is aAso given for specific technical
and administrative activities on a task by task basis. Solely for pm'poses of this Contract a "Site"
is defined ts any Petroleum Cleanup site requiring a report review or a prcapproval workorder, in
accordance with the requirements and provisions of Chapter 62-770, F.A.C, Chapter 62-771,
F.A.C., and Sections 376.3071 through 376.3073, F.S.
Bo
Category H - Re/mbu~ernent of Petroleum Contan~mdon Cleanup Subcon~'acton under the State
Cleanup pon'ion of the Progr'~rn.(Attacl~ment A - Category l~:
For Category H services the Contractor shah be paid on a cost reimbursement basis for actual
expenses incurred by authorized cleanup subcontractors. Only subcontractor piovided clemmp
services shah bc compensated in tl~ category; other expemes inctm~d directly by the Conwactor
or its employees arc included in Category I. The ceiling anmunt under this ~ for Category
H shall no~ exceed SI,000,000. However, the Deparunen! rcscrves the right to incrcue the ceiling
amount of Category H, u needed, to meet the needs of the program, and to provide for the
Funding under this Contract sbn!~ be ts follows:
For Category I, the Dcparrmen! shall encumber funding ~ the execution of a
Notification Form or a Ttsk Assignment Change Ordcr.
DEP Contract No. GC530, Page 2 of 11
OCT 2 8 1997
10.
For Category rt, an initial funding inercmont is hereby authorized in the xmount of $,100,000. Based upon
continued sadsfactory performance and annual tppropriations by the Legidatm'e., the Department reserves
the riehl to provide additional increments of funding for Category H on an "as needed' basis up to
$1,000,000. The Con~rac~ shall be not~qed, by certi,qed letter ~'om the Chief, Bureau of Petroleum
Storage Systezns, of additiona.l Category 11 funding in,.,~,,.gnts, in no event shah ~c Contr,'mr con~ue
to perform services under Category H once thc authorized funding incre~nont xmount is reached; not shall
the Con~ractor commence work on any pan of the project under Category ri tha! ~ exceed the ba~nce of
the current authorized funding level until notice is received by the Contractor of an increase in funding. It
is the Contractor's respon~ty to know when the authorized funding level for Category H is reached.
The foHow~g appUes to Category tt ~mding on]y:
in accordance with Section 376.3073(3), F.S., and upon receipt of approval flora the State ComptroLler ora
waiver of the provisio~ of Scion 216.181(14)(b), F.S., the Deptrtment, upon written request flora the
Con~ractor, shall provide advances of working capital, based upon estimated ninety-day cash needs, to pay
a cleanup subcontractor(s) to be retained by the Con~ractor. The initial w~tten request ~ be submitted
to the Department tl~ty (30) days prior to execution of the subconlract with its cleanup subcomractor(s).
Upon receipt of the advance(s), the Contractor shall deposit the ~unds in a separate interest.bea~'ing
account. A sep~ate fund shah be established exclusively for advances under th.is Contract Status reporu
shah be sub~tted in conjunction with invoices as scheduled in paragraph 14, and shall identi£y project
cosu to date, deposiu and withdrawals made, interest accrued, and the account fund balance. The first
report shall identify the date and amount of the initial deposit, the ,,ccount number, and the f~---¢ial
institution in which the account is located. For return of interest to the Depa.rm~.-nt, the Contractor shall
elect option A or 13 below. The remm of interest option must be made with submittal of the first Category
H invoice, and the selec~d option shall be required to continue for thc term of the Con~'~cc
interest accrued wU] be deducted from subsequent advanced working capital requests, and the
sa.me amount otherwise representing interest earned shall thcn be available u working capital for
use by the Contractor for the purposes oft~ Contract; or,
Contractor wLU submit a check to the Deptnment for aH interest earned in the account on n
quarterly basis.
11.
Unused funds, and interest accrued on any unused portion of advanced funds which lus not been remitted
to the Departznent under one of the two above options, shah be term'ned to the DepOt w~t~i, sixty
(60) days of Contract con~pletion. The Contractor shah not expend any interest earned on the advanced
funds provided by this Contract (the exercise of option I above shah not be a violation ot'eds provision).
The parries hereto acknowledge that the State Compt~oller may identify additional requirements which
must be met in order for advance payment to be authorized. If additional requirementa a~e iznlx~d by the
State ComptroUer, the Contractor shah be noti.qed, in wring, by the Del:~'tment's Contract Manager
regtrding the additional requirements. Prior to releasing any advanced funds, the Contractor shall be
requ.ired to provide a v,,tiuen acknowledgement to the Department's Contract Manager of the Contractor's
acceptance of the terms iznposed by the State Comptroller for releue of the funds.
Payment tcrnu shall be as follows:
Ao
invoices shah be submitted to ,.he Department on a convenient basis, but nm more 6'equen~ than
monthly, and not less f~equently than quarterly. AH bt-Us for xmonnts due mxler this ~
shall be submitted in detail sufficient for a proper pre-audit and post-augUr thereof. Ail navel and
incidental expenses for the Contractor are included in the Category I rates in
no additional Conn-actor ~vel expenses shall be author.zed. Subcontractor
be reimbursed in accorcttnce w~th subparagraph D below.
D~:P Contract No. GC530, Page 3 of 11
OCT 2 8 1997
· Plo ,t~
Bo
For Category I services, invoices may be submit,ed monthly for 1/12th of thc set, ices authorized
on the Task Assi.m~men! Notification Form. The f'mal annuaJ invoice or lll2th of the total tasked
amount for the year may be withheld pending satisfactory performance under this Contract.
It is understood and agreed that the fi.xed price portion of DEP Contracts CDC205 and CDZ375
contained annual cl~rgcs for review of site tpplica6ons which were cakulated in advance in
anticipation of those services continuing for the period calcu~ted without modification of the
basle. However, because the prepaid time periods for certain sites may extend into the un-m ofthis
Co~lrack it is undemood and sgrced that ~ Contract does not consider the sites identified on
Attschn~nt E as ptrt of this ContracL Therefore, it is understood and agreed that the Department
shah not be invoiced by the Contractor for Category I services for tasks and sites as indicated on
Araclunen! E, attached hereto and ~ a Irm of the Contract.
Co
For Category II sc~ccs, invoices shall be submi~ for rehnbursement ofsubcontrac~ar expenses
in accordance with subparagraph D below. Status reports shall be submitted Jd~g each
project by name, the estimated project cost, a~ actual expenditttres to date. The Deplrtment,
upon wrinen request f~om the Con~ctor, shall provide advances of working capital, in
accordance with paragraph I0, to reimburse cleanup subcontractor(s) to be rctzined by the
Contractor.
Do
Invoice;, for reimbursement of t'=ed price subcontractor services mus~ be accompanied by copies
of paid subcontractor invoices. The cost of fixed price subcontractor services shall include aH
travel expenses, and no additional subcontractor ~'avei expenses shall be authorized for those
services.
For reimbursemeni of cost-reimbursement subcontracts, the State Comptroller requires detailed
supporting documentation of all costs. In accordance with Comptroller's Memorandum No. ! 0,
issued December 18, 1991 (anached hereto and made a part hereof as Attachment F), the
Contractor shah comply with the ~i.lmum requirements set forth therein. Therefore, Category II
invoices shaU be accompanied by supporting documentation and othe~ requirements U follows:
1)
Contractor Expenses - Except as provided trader ptragnph 2 below, the Contractor shah
not be reimbuned for any expenses incurred directly by the Contractor or its employees
under the cost reimbur~."ment provisions of Category II. All direct Conunctor costs tre
included in the rates provided in Category I.
2)
Conlracmal (Subcontractors) - Reiznbur~-ment requests for payments to subeontractors
must be ~bs~fiated by c~i~ of ~ok~ ~ ~c~ ~mfi~ i~fical m ~t
w~cb would ~ ~d ~ ~e ~~ ~ ~e ~~s ~ ~ ~
~cluded for cou r~~t (s~ pm~ph I a~ve). Su~m w~ch ~volve
pa~en~ for ~e~ ~ s~H cl~ly id~ ~ ~I ~volv~ ~ ~m ~
ho~, ~d h~ ~t on &e ~j~ ~ ~h~ ~d (i.e. ~ge ~fi~
ov~hea~ ~or g~l ~d ~i~e n~) ~ ~ ~d ~ au~C H ~e
~ed by au~k ~ ~~ s~H ~ ~d ~ ~ tach ~ m ~e
D~t ~t~ ~0 ~ of~ ~~ ~ m ~e ~ve c~
~voices f~ ~b~t of~ ~ce m~ ~oved ~ &e ~mt s~
be d~ted by c~ies of&e p~d ~oic~.
Other Subcontractor expenses shall be docuatented as follows:
DEP Contract No. GC530, Page 4 of 11
OCT P, 8 1997
ao
Travel - Travel expense; and per diem must be documented by a State of
Florida Travel Voucher with appropriate receilm. ~ will be made
in accordance with Section ! 12.061, Florida Statutes.
bo
Equipment - (Capital outlay over $500 in value) - ~t for the
purchase of equipment is 1~m;ted to .those items identified in the Remedial
Action Pla· CRAP) or RAP Modification. Include copies of invoices or rect. ipts
to document purch,ues, and a completed Property Rrporting Form (Attachment
G).
Co
Rental/Leue of Equipment - Include copies of iovoices or receipt· to doam~t
charges.
Invoices wRl not be approved for payment unless information contained in the status report is
accurately reflected in the Pelzoleum Contamination Tracking System (PC'I'S). Also, requests for
reimbursenxnt of non-expendable equipment cosling S500 or more will not be approved for
paymen! unless the invoice for uid equipment is accompanied by a properly completed Property
Repo~g Form (Attachment
F. Six (6) copies of each invoice, including backup documentation, shall be submitted to:
Depanmen! of Env/ronmental Protection
Bureau of Petroleum Storage Sy~ten~, M5~575
Ann: Accountant
2600 Blair Stone Road
TaUthLssee, Florida 32399-2400
A t'mal invoice must be submineci to the Department no hter than ~ (30) days following the
completion date of each Tuk Assignment or Task Assignment Change Order, to assure the
availability of Rads for payment.
Ho
The State of Florida's performance and obligation to pay under this Conwac~ is contingent upon an
annual appropriation by the Legisla~.tre.
Pursuant to Section 215.422, Florida Statutes, the Deparmzenfs Project Manager shall have five
(5) working days, unless otherwise specified herein, to inspeci and approve the services for
payment; the Department must submit a request for payment to the Florida Department of
B,,~i,~g ~nd Finance within twenty (20) days; and the Deparm~t of B~t.~$ and Fi,~,,~ce is
given ten (10) days to issue a warrant. Days a~e calculated from the latter date the invoice is
received or services received, inspected, and approved. Invoice payment requiremen~ do not start
until a proper sad correct invoice bas been received. Invoices which have to be returned to ·
conwac~or for correction(s) will result in · dehy in the payment. A Vendor ~ has been
established within the Florida Department of Bs,,~g and Finance who may be con,'ted if a
covlnctor is experiencing problems in ol:~a,i,,g timely ptymem(s) from a State of Florida
agency. The Vendor Ombudsman may be contacted st gS0/498-2924 or 1-800-848-3792.
In accordance with Section 215.422, Florida Statutes, ~h¢ Department shall pay the Contractor,
interes~ at a rate u establithed by Section $5.03(1), lqorida Statutes, on the unpaid bsl~ if a
warrant in payment of' an invoice is nm issued wid~n forty (40) days after receipt of · correct
invoice and receipt, inspection, and approval of' the goods and services. The ~ rat~
established pursuant to Section $$.03(1), by Comptrollers Mctnorandum
DEP Contract No. GCS30, Page S of 11
OCT 2 8 1997
,, , Ii II I IIII I I I IIIIII IIIII I II I I I I I II
12.
December I, 1995, has been set :t 10.0°,4 per annum or .02740% ~ da),. Interest p~flnenu of
leu than S I ~ not lx enforced unless t conu'actor rcqucm l:alm2ent The revised interest rate
for each calendaz year beyond 1997 for which the term of this Contract is in effect can be ~
by callhag the Department of Bnnti~g and Finance, Vendor Ombudsman at the telephone number
provided above, or the Department's Con~acts Section at (850) 922-5~2.
The Contractor is respons~le for the professional qudfty, ~cclmical accuncy, thncly completion and
coor,qh,~ion of aH desists, drawings, specifications, ~ sad otbex services furnished by the Contractor
under this Conra~ The Contractor shall, without nddftfoml c~tion, correct or r~vise s~, errors,
ottdssions or other deficiencies in its designs, drawings, specifications, rcix~rts sad other m'vkes.
13.
The Contractor and its subcontractors aze respons~le for ensuring that rtl peu'oleum conts,,~,~ion site
cleanup work wi~,, its jurisdiction is adckessed by an rppropriaYe comprehensive Quality Assurance
Plan approved by the Deptrvnent's Quality Assxuznce Sec~on.
14. The Conu~actor shall submit monthly reports and deliverables as follows:
A. A report in,eating thc status of each peu'oletu~ site based on the following criterion:
I)
2)
~)
6)
7)
8)
9)
Number of sites that became active within the past month
Number of sites with an active work order
Number of sites with contractor proposal received with.in the past two weeks
Number of sites with proposal in active negotiations
Number of sites with inactivity by Local l~ogrtm site manager (the site manager should
be performing a task but has failed to act)
Number of sites with inactMty by designated Contractor (the contractor should be
performing · task but has failed to act)
Number of sites in non progTam/voluntary cleanup status
Number of sites actively being hand]ed by DEl) under Petroleum Clctnup Participation
lh-og~m, Petrolemn Advance Cleanup, Pay For Performance ProgrLm, State Cleanup,
and the Preapproval Prog~m.
Number of sites that received No Fm'ther Action Status, No Fuflher Action With
Conditions A~'eement, or a Site Rehabilitation's Completion Order
Co
A status rcl:~ort for Category H dctai~ng all a~vities coudu~ for tl~ Cou~'act, including: the
~,me and status of each site where field activities took place; a list ofrcpom reviewed and the site
with which they aze associated; a list of sites wber~ file Quality Assu~ance(QA) has been
courpleted; all data entry into Petroleum CIe~up Tracking System (PCT); and for state cleanup
sites, final task spreadsheets dctai~g negotiated hmus and costs, a disk conta~,,g updates to the
Sul~r Act Prog~m And Site Ma~agc-ment (SPAS1V0 database and, when spprcgriate, property
reporting form (Attachment (3).
The Contnctor shall submit ccrpies of all technictl reports (~tion Assessmg~ R_-,pom
(CARs), Remecfial ^c~on Plans (RAPs), Site RehabRitation Relx~ts (SRCRs, and guy od~r
techzfical rClXn'ts generated.)), and ~ correspondgxax, such as loners, memos, and notes to the
Department, and shall main cogies in its office for audit 1:ha'poses.
Documentation, in the form of required mtu~ tclx~s, must be in ~ sufficient for preaudit and
postaudit review and approv·l of iavoices.
15.
DEP Contract No. GC530, Page 6 of I1
AH services performed by the Contractor shall be in accordance with applicable mtut~s, rules, and written
D~ar-nen! guidance. Guidance documents shall be supplied by the Department on a ' A
16.
17.
immunity or the provisions of Section 768.28, Florida Statutes.
18. Any and ell ~otices shah be delivered to the pa~ties at the fol]owin$ addresses:
CoRier County Pollution Control
Ann: George Yilmtz
3301 East T~ Trail
Naples, Florida 34212
Department of Eavimmnenud Protection
Bu~u of Petzokum Storage Systems
Ann: Hemp Prid~t,
2600 Blair Stone Road
TaRdassee, FL 32399-24OO
19.
A person or ttTtLiate wbo has been placed on the convicted vendor list fotlowin[ a conviction for a public
entity crime may nm l~rt'orm work u a contractor, supplier, subcontractor, or consultant under a contract
with uy public entity, and may not u-tmact business with s~' public entity in acess of the dn'esbold
amonnt provided in Section 287.017, P.S., for Category Two for a pe~od of 36 mombs flrom the date of
being placed on the convicted vendor list.
20.
Al] records in conjunction with this Contract sba~ be public record ted shall be treated in the same manner
ts other public recon~s a~e under general law. TI~ Conttn~ may be ~ canceled by abe
material subject ~o the prov~ions of Chapter 119, Florida Sutures, and made or received by the Coun'nctor
21.
This Connect may be ~ted by the Department at any time for ftt'lm'e of the Contractor to perform in
accordance with the tcrnu and cond~ons contained ~
22.
The De1~'t:nent's Project Manager is Mr. Hamp Pridten, lrnone (850)488-3935. The Corm'act. s Project
Manager is M~. George YRmaz, lrnone (941)732.2502. Ali marten ~ be dizected to the Project
Managen for appropriate ac:ion or disposition.
23.
The Depaz~ent may at any tame, by written order designated to be a cl~nte order, make any cl~n~e in abe
work within the general scope of this Contract (e.g., spec~cation~ ~ method or manner of
performance, requ~rtments, etc.). All change orde~ a~e subject to the unread agreement of both parties ts
evidenced in writing. Any change order which causes an ~ or decr~se in ~e ~s cost or
time sball requ~ an appropriate ad~tstment and modification (forn~l mnmdmenL Task Assil~n~mt
Notification Form or Task Assi~nnent Change Order, whichever the Depm'nncnt deen~ appropriate) to
24.
The Contractor wan'ants that it bas not employed or teained any ~ or person, otber than a bona fide
ea~loyee wu, k~ug solely for the Connector to solicit or secure this Contract and that it has not paid or
a~eed to pay any person, company, corporation, individual, or firm, other than · bona ~de anpioyee
worki~ solely for the Connector any fee, commission, percentage, ~L~ or other consideration contin~
upon or r~sulting Dom the award or ma~g of this Connect.
The Conn-actor covemnu that it presently las no interest and ~ not acquire Shy in~
conflic~ in any manner or degree with the peffom~uce of services requh'ed.
DEP Contract No. GCS30, Pate '7 of I1
OCT g 8 1997
26.
TMs Conu-~ct has been delivered ia the State of Florida and shall be construed in accordance with the laws
of Florida. Wherever poss~le, each provision of this Contract shall be interpreted in such manner as to be
effe~ve and yard under al~licable law, but if any provision of' this Contract shall be prolu'bited or invalid
under applicable law, such provision shal] be ineffective to the extent of' such proMbition or iavalid]ty,
withou'~ invalidating the ~-maiader of' such p~vision or the rc~rain~g provisions of. this Conunct. Any
· ~ou hereon or ia counec~on herewith shall be brought ia Leon County, Florida.
27. The Contractor shall maiataia books, records and doc~ne~ts d/rectly pertinent to porformanc~ under this
Conwact ia' accordance with generally accepted accounting principles consistently ii. lied. The
Depa~znent, the State, or thci~ authorized representatives shall have access to such records for audit
purposes dur~g the term of ~ Contract and for tk~ee years fullowi, ng Contract completion. In the event
any work is subeonwacted, the Contractor shall sin~larly requi~e each subcontractor to maintain and allow
access to such records for audit puzlx~ses. The Con~'actor shall maintain an accurate sad cun'ent account of
any and al] funds sad any sad aH cos~ incurred under this Contract. Any funds received and not expended
ia a paz~cula~ yea~ shall be allocated for use by the petroleum contan'~nation site clcanu~ program during
s~hscquent yeazz oftl~ Contract.
28. No delay or f.ail~e to exercise any r~ght, power or remedy accruing to either party ~ breach or default
by either party ~nder this Conw4ct, shall impair any such right, power or remedy of. either party; nor shall
such delay or fa~l~e be cons~zucd as · waiver of any such breach or default, or say s~milnr breach or
default thereafter.
29. The Contractor reco~zdzes that the State of Florida, by virtue of. its sovereignty, is not requi~ed to pay any
taxes on the services or goods purchased under the terms of'this Contract.
30. This Contract is neither intended nor shall it be construed to grant any rights, privileges or iaterest in say
RRrd paz~'y without the mutual w~it~en agreement of the parties bereto.
31. No person, on the grounds of' race, creed, color, national origin, age, sex, or disability, sba~i be excluded
from ptrticipadon in; be denied the proceeds or benefits of; or be oth~ subjected to discr~m~e=tion in
performance of' Rtis Con.ct.
32. This Conwact is an exclusive con.ct for services and may not be assigned in whole or in ptrt without the
written approval of.the Depaz~nent.
33. The Contractor shah not subeontra~ assign, or transfer any work under this Couu-act without the l~or
written coment of' the Depa.mnent's Project Manager. The Contractor age-es to be rerpous~le for the
ful£~l]ment of' all work elements included ia any subcona-act consented to by the D~t and ag~x's to
be respons~le for the payment of' all moneys due under any subcontract. It is understood and agreed by
the Contractor that the Depa~znent shall not be liable to say ~wactor for say expenses or liabilities
incurred under the subeontz-act and that the Contractor shall be solely liable to the subeou~ractor for all
expenses sad liabilldes incurred under the subcontract.
34. To the extent required by law, the Conu'actor will be self-instu'ed against, or will secure and maintain
during the life of this Couwact. Worken' Compensation Insurance for all of I~ ~Ioyees ~ with
subcouu'actor sin~uty to provide Workers' Conzpensatiou Insursace for all ofthe latm's enzployees unless
such employees are covered by the protection afforded by the Conn-actor. Such self-insurance program or
insurance coverage shah comply fully with the Flo~da Workers' Compemation law. In case any class of
employees engaged ia bazzrdum work under thh Cona-act is not protected under the Workers'
iasu"ance satisfactory to the ~t' for the pr°tecfion °f Ms empl°Yees n°t °u~eil Proreqlo'~
I'
36.
37.
In addition to the above, the Conu'actor shall rcqu~ that tn cleanup subconu~'tors comply with the
followins minimum requirements, and shall include these chugs in anY subconlzlctor agreement:
A. Tbe subcon~ctor shah nuinuin comprehensive Sencral lhbili~y and comprehensive automobile
lhbility insm-ance with ~.inmm lj~u of' at least S1,000,O00 per occurrence and Sl,O00,O00
annual asgrcgat'*, Lq shall protect it from claims for dimaS¢ for personal injm'y, includins
accidental dea~ Lq well Lq clai~ for propctXy damage which troy arise from pcri'ormance of'
work under the progrzm, designating thc Conuzctor, the Department, and the State of Florida ts
an additional izaurcd.
B. The subeonu-acxor shah maintain professional liab~y insurance with r~nmm limits of at lexst
$1,000,000 per occurrence and $I,000,000 annual azgregate.
C. The rubeonzractor shall save iud hold harmless and indeumify the Coutractor and the Sate of
Florida ag,i,,~ any and aH liability, claim.% judgmenu or cos~ of whauoever kind and tat,.u'e for
injury to, or death of zuy person or persons and for the loss or darnaSe to any prope~ resulting
from the ~ gr~ice, operation or performance of work unde~ the terms of this Coutract, reml~g
from the negligen! acU of the subcontrletor, or any of the employees, agents or repres~.nllfives of
the subconiracxor to the extent allowed by law.
The purchase of non-expendable equipmen! costinS $500 or more purchLqcd for purposes of this Contract
remains the proper~ of the Deparunent. The Conuactor's Project Manager shall complete and sign a
~ R~g Form, provided Lq Atuchment G, and forward it with the appropriate invoice through
the Deparunenfs Project Mz3uger to the DepLr~enfs Property Maxxagcment Office.
A. The Contractor shall have use of the equipment for the authorized purposes of the conuacrual
arrangement as Ions Lq the required work is being performed.
B. The Conlzlctor is rcspons~le for the implementation of adequate mtin~nancc procedures to keep
the equipment in good operating condition.
C. Wlam the equipment is no longer needed, the Contractor will return tn non-expendable personal
properly or equipment purchLqed under the terms of this Conu'~ to the Dcpamnent.
D. If, however, the Conwactor desires to pm'chase thc equipment when no iongor needed, fine
Department may, at its discretion and subject to approval of the Departmenfs Surplus Propcrry
Review Board, and in compliance with federal r~gulazions, ii' applicable, elect to sell the
equiptnen~ to thc Con~ractor for its fair market value Lq of thc date of title transfer.
Ii. Thc Contractor is respons~lc for any loss, damase, or theft of non*cxpendabi¢ pcnoml property
or equipment purctmcd with rate funds and held for use in a cormcual arrangen2emt with the
In accordance with Sc~ion :216.~?, Flori~h Statutes, thc Contractor is hereby prolu'bited from usinS funds
provided by this Conu'act for thc purpose of lobbyins the Legislann'e, the judicial brnch, or a sate agency.
In accordance with Seetioo :216.~9, Florida Statu~ (rmu~ review of Sma mi zida q,prcq~tiom),
the ~ stall provide to the Department an audit of this Coninct in accordance with thc rules of thc
Auditor CAmcral promulgated pursuant to Section 11.4~, Florida Suuncs. Thc Dcparuncut reserves the
right to ~o,,er corn for f~re to comply with Scion 216..~9, F~orida Sau~'s.
Copies of thc required audit shtn be sent to each of the followins
completion of each of the Conu'aetor's f'acal years in which funding is provided under this[ContraS.
OCT 2 8
D£P Contract No. GCS30, Page 9 of 11 PI- / (~)
38.
39.
Hamp Pridgen
Department of Environm~ ~on
Bureau of Peu'olenm Storage Systems, MS~535
2600 Blair Stone Road
TalLxhassee, Florida 32399-2400
Clgef Xntemal Auditor, ~
Deparunent of Enviroztnental ~on
2600 Blair Stone Road
Tnllahassee, Florida 32399-2400
Audit Manager
Office of the Auditor C, en~l
P.O. Box 1735
Tallthassee, Florida 32302
To en.rtu'e compl~tnce with Section 216.349, Florida Statutes, Chapte~ 10.6~0, Rules of the Auditor
General is provided a~ At~aclunent H.
The Contractor shall con=ply with all applicable federal, state and local rules and regulations in providing
services to the Deparanent under this Con.ct. The Contractor acknowledges that figs requirement
includes compliazce with all applicable federal, state and local health and safety roles and regulations. The
Contractor further agrees to include this provision in ali rabcontracts issued as a result of this Contract.
This Conlract represents the enlire agreement of the parties. Any alterations, vari~ons, changes,
modification~ or waiver3 of provisions of this Contract shall only be valid when they have been reduced to
writing, duly signed by each of the p~rties hereto, and attacbed to the original of this Contract, unless
otherwise provided herein.
REMAINDER OF PAGE Ilq'rENTIONALLY LEFT BLAHK
DEP Contract No. GCS30, Page 10 of 11
.o./~
OCT 8 1997
COLLI]~ COUNTY BOARD OF
COUNT~ COMMISSION]~I~
T~la Tinothy L. 'Hancock, AICP
Chai~nan
FLOEIDA DI/PAR'I'M~ OF
E, rV'I~ONME~AL I~~ON
S~
~ NO. 59-6000555
DATE:
ATTEST:
Ihrlght E. Brock, Clerk
Approved as to lorn and
~suf ficiency:a / ~
~~t D~~~~I
torney
L~t of at~chmen~/exl~eit~ included as part of this Comrac~
Type Nm~r Description
Attachment A
Attachment B I
Attachment B2
Attachment C 1
Attachment C2
Attaclnnent D
At~J~nent E
Attadnnent F
Attneh~-nt G
At~hment H
A~aclunent · I
Scope of Services (2 Pages)
Task A.~i.~nent Notification Form (1 Page)
T~k ~i~ N~ F~ (1
T,~ ~i~ ~e ~ (1
T~k ~i~t ~ ~ (1 ~ge)
~he~e of~ (1
Lm of~~ S~ (i
~~s M~ No. 10 (2
~ 10.~, ~ of~ A~~ (5 ~)
P~~ C~ (2 ~g~)
DKP Coutract Nb C, CS30, l'a~e 11 of 11
OCT g 8 1997
ATTAINT A
SCOPE OF SERVICES
Category I
The Conu'ac~or is to perform all n~essary ·ctiv~ties to bri=g · peuolexun cleam.~ site to e~tber NFA/N~A
With Conditions or SRC w~tl~n the mos~ Rmely and cost e~icient manner poss~le. The activities shall be
t2~ inclm~ve of all ncccssa2'y clcrical t~d acln~a~.ative du~es, including ma~n~'nxnce of clem2up
typing trailing, document tad 1~rformance tracking, im~cessing t~ne extensi~ r~l~ests,
prcrppruval wo~ o~dc3'3, mk mignmenu and change orders, reyiew prcl~,,,~.~y techulcal rcpom nd'
addcn~ complc~on of l'view chccldist, information r~ques% mee~gs, subcontractor mm~gcme~
~og3'zm managelncnt, ~d Ih·son ~th the DEP Con~zact Manager.
The DEP may assign oth~ activities to the Contz'ac~or on an as needed basis, The Contractor may pe~t'orm
technical rcvicws for non.-coun~/sites, perform special teclufic·l evaluations, or assis~ the DI~) w~th certain
a~i~'ative task ts n~u~ually agreed upon based upon the needs of the DEP and the ·vn~_~bility and
expertise of the Conu..acto~.
Pcrf'ormance wOl be mca.~m'ed tl~'ough the following process and technical audits:
The process audit w~ follow the sa~e &~2idel~nes as those ITquircd of DEP Tallth-.see staff' and
the Con.actor nmst ~ a ~ ~c ~t ~ ~ n~g. (~ A~c~t ~ ~ aunt of
25% of ~e si~ ~ ~ ~ ~~ ~ ~ ~ ~ ~e ~e n~g f~ ~e ~s
au~t~. A~au~t~d~t~~~d~e~~
~ M~g~.
Co
The teclmJcal audit v,,fl] be performed by DE!) staff and is pcneormed for the express purpose of
insu~g cons~ent al~L~cation of DEP teclu~cal ntles and policies. These aunts may be
performed a~ often as deemed nec~_.~y by the DE~ ttaff but not less than once per year. The
munl~ of si~es au~ted ~ be determined by DEP m/fand no spec~c ra~ng is reClU~red.
Fatt~tre of the Contzactor to meet · rating of~0% or g~eater on the spec~c perl'ormance measu~s or a 65%
or $~'catcr ra~ng on the process audit mea.~Fes ~ rcsult in fofl'eitul~ of the final monthly payment or 1/12
Semiannual evaluations wRi be made to detem~e if the number ~d level of personnel are excessive,
su~cient or itts~t TI~ evaluation will consid~ the number of active sites, changes fn the DEP
pri~ty ~,~1~, tbe projected level of non-l~rOg~tm/volunta~ sites, and other mut~l~ ag~.d upon mk
the Cos~,~'tor may peneorm for the DEP. The d~t~on of the number of active sites is based on the
n 40 site 7
yem'.; me cmzcai .SlX~. g I0 b .c~.. per rite per yea~; and the administrative spending 8
'6.
County Iced State Cleanup Subconu'ac~or Procurement - Performance of tn acflvith associated with
proc=ren:~t of-o fewer than two co~mty cleanup subcontracton (one pfim~ sad one bclmp) to perform
site rd~abfiitation activities at eli~'ble rote cleanup sites ~ the county. Tbese activities shall be
performed for eq~d ~no~mu of time by a l~da lic=~"d Professional ~: .~_ snd sn ~ st the
Envirmunental Specla.l~ I]/Enginecr I level o1' b]~cr. Subcontractor procuresnent sctivit~ shall include:
B.
Demonstrated corup~ with Section 287.055, F.S.;
Prell'etlon and ~dv~dscment of a request for Staum~nt of Qualifications (SOQs~,
P.~ew of nil responsive SOQs by a co~ of profmiona~ including the county state
cl~p proje~ mna~,
Selection of tl~ mos~ q~i~ed ftrm or from; and
Analysis of co~t propo~h and negotiation of contrlct terms.
Annual Travel and Ve~cle Use - Travel expenses for four trips by local pro,'tm stnff for tr~$ events
or meetings w~th the l~pa~anent n~inS one year and expenses for use of ve~cles necessary to ctrry ou~
the site cleanup ovenigbt ~nd management tasks within the scope of tbJs Contract.
CATEGORY II
County Lead State Cleanup Subcontractors
The county subcontractors tre res~ns~le for site rehabilitation on petroleum conttminated sites in accordance with
applkable statutes, rules, and written Department guidance. Task assi~m~.-nts issued by the county a~ used to
initiate the subeonu-ac~ors services. Payment to the subcontractor w~ be made directly by the county ~g the
advanced working capital as described in ptra~'aph 9 of the Contract
DEP Cont~a~ No. GC..S30, Attlchmont A, Pa~e 2 of 2
OCT 8
ATTA~ BI
TASK ASSIGNMENT NOTIFICATION FORM
Category I Services
FOEP Co~mct Numlxr
Contractor Neme:
Contr~-t Mermger:
FDEP Contract 14~rmge~:
T~k A~llgnrnent Numl~r:.,
Task Assignment Type:
Fixed Price:
Total Task Aselgnment Vslue:
Amount Not To Exceed
FDEP Contrect Manager
Cost Center Admlnletrstor
Bumeu Chief
Contractor Repreeentative
Ovma C,~df'~. Ca, mm:~ ~
Buruu o(Pmokmn SMrMe $),ma~ Accounum
DEF Contract No. GC530, AtU~,,~nt BI, Fqe I of I
Dete
Dste
Date
Dltl
OCT 8 1997
P~o ~ ,
ATTACH:MENT B2
TA~K AI, IIONMENT NOI'I:)CATION FORM
TMk,A~lionrn~nJ Numb~n
T#k Dwc~tptlofl: ~ m~loflM ptp~ If ~
T.k AM~nm~nt Typ~:
Go~ I~1~:
Total Trak Value:
Am(x~ NM 1'o F. xcNd
FDEP Gor~m:t Manager
C4~t ~ A~rntnl~tr~or
Bur~u Gh~f
Dire
Dm
Date
D~te
Gv~nn Godfi~, Contracts Secdon 0vIS93)
Bureau of Petroleum Storaje Sys~-ms, Accountant
Bureau of Finance and Accounting, Contracts Disbmv~ments Secdon (MS78)
DEl~ Contra~ No. GCS30, Attachment B2, Page 1 of 1
OCT 2 8 1997
A'FrA~ C!
TASK ASSIGNMENT CHANGE ORDER FORM
Category I Services
FDEP CofltrKt Number:.
Task Asalgnment Number:..
Change Order Number:.
Contractor Name:
Contractor Rapreaantatlve:
FOEP Contract Managar:
Phone k
Phone I: 850/4.87-3299
Detcrll~len ef change (Uae add~onel pagee If necessary)
CHAN~E IN TASK AMOUNT
Item
Orlglnll tllk amount:
Tllk amount I~lor to this change arden.
N~ Ir~decml~e In ta~k amount:
Talk Imeunt with all change o~def~:
Kern
Original laak dui date:
Due dam J:~o~ to tall change order:.
Net In~maie/decma~e In t~sk period:
CNANGE iN TASK TIME
Or~lniz~lJon E.O. Object Code Module SpecJM FMc, il Yr. Budget RepmientatJYe Appr~vM
Coda
FDEP Contract Manager
Data
Date
Dill
Dill
Cost Center Administrator
Bureau Chlaf
Contractor Representative
Ov, t'fln (3od~rey, Co~trucu Secdoa ()4593)
Bmuu of Petroleum StorAge Syst~mu~ Fiscal ,4d~slant
Finance snd Accoun~nl, ConUlCU ~ ~ OdS/1)- 2 Copies
DEl' Contract No. GCS30, Attachment C], Page I of I
OCT 8 1997
n. 17
ATTACHMENT C2
F'DEP Contz~-'~ Number:.,
CMttrlctor Nm~e:
FDEP Contract Managm':
TASK ASSIGNMENT CHANGE ORDER FORM
Category II Service~
TIik A~llgnment Number:.,
Chlnge Order Number:.
(U~e add~lo~al page4 If nece~u'y)
Odgird link Imount:
CHANGE IN TAlK AMOUNT
CK/d~E m TA~K TII~
D~y~ of De~
FDEP ContrlCt Mlnlgir
Colt Center Admlni~tr~tor
Bureau Chief
Dm
Dire
D~te
Contrlctm' P. eprlNnmtlve
cc: Owenn Godfrey, Contracts Section' (MS93)
Burem~ of Petroleum Storage Sy~terrm,
OCT 2 8 1997
OCT ~8 1997
COLUER COUNTY UST OF PRE-CHARGED SITE TASK~
PT~ MOP tasks fox' a pe~:x] of 21 mordhs ~a~r MOP ~opmv~ cls~.
mortal ~ ~ ~ ~ ~ ~ ~p ~kl 12 monthl I~lr MOP Ipl:x'ov~ date.
(F(x' ~e Cteam~ s114~) Pmch~ RAP tasks for a period td 12 rncr~m &Mr RAP
Nq:n'oval dad~ and I:~ MOPtHks21 months after MOP aplxoval date.
FACILITY ID~ P/S TASK TYPE APPROVAl. DATE
118518225 S RAP 1/3/94
118837333 S RAP 4/20/94
118629445 S RAP 4/29/94
118518092 $ RAP 5/16/94
118839708 S RAP 7/23/93
118837692 S RAP 8/1/94
118518214 S FLAP 8/2,/94
118841367 S RAP 8/17/94
118518237 8 RAP 9/8,'94
118518172 ~ RAP 9/2M)4
118731687 S RAP 10/4/94
118518332 S RAP 10/19/94
PRECHARGE
END DATE
1/'3/98
,V20/98
4/29/98
5/17/98
7/23/98
8/1/98
8/17/98
9/8/98
9/26/98
10/4/98
10/4~98
10/19/98
DEP Contr~t No. GC530, ~rnent E, Page 1 of 1
0CTS8 1997
~
ATTACH~I~'WF F
OF]~ICE OF COMPTROLLEI{
D3PA~T OP flAJ~N0 A~rD
COJt~AC~C~L ST.3Y~CTJ - ~ ~EXflB~SZ)~MT CCRITRACT$
~d ~ ~e ~r, a ~% refl~t~nq the ~urs ~rk~ t~
~e ri~ 4f Pay ~1~ be ~op~b14,
DEP Contract No. ~, Attachment F, l~age I of 2
No. ~
OCT ~ 8 1997
DEP Contrlct No. GCS30, Aflachment F, Page 2 of 2
ATTA~ H
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
AUDITS OF STATE GRANTS AND AIDS APPROPRIATIONS
UNDER SECTION 216.349, FLORIDA STATUTES
EFFECTIVE 9-30-96
DEP ContFnct No. GCS30, Attachment H~ Page 1 of S
10.610
10.620
10.~30
10.640
RULES OF THE AUDITOR GENERAL
CHAPTER 10.600
TABLE OF CONTENTS
PREFACE TO RULES ......................................... 2
LOCAL GOVERNMENTAL ENTITIES ............................. 3
NONPROFIT ORGANIZATIONS ................................. 3
FORPROFIT ORGANIZATIONS .................................. 4
EFFECTIVE DATE ............................................ 4
APPENDIX .................................................. 5
PREFACE TO RULES
section 216.349, Florida Statutes, imposes audit requirements on recipients of grants and
aids approprtafions from State agencies. The grants and aids appropriations referred to in Section
216.349, Florida Statutes, are those designated as 'grants and aids' in a Florida appropriations
act. The beginning point of any audit required by this section of law should be a determination of
which State moneys received by the auditee are grants and aids appropriations as described
above.
The Auditor General has no au0'K~lty or responsibility to determine which grants and aids
are covered by this section of tha Florida Statutes. Because of responsibilities assigned to Iha
administering State agency and the Comptroller of the State of Florida, either or both should be
able to assist the aud'dee in determining which grants and aids come under Section 216.349,
Florida Statutes. The administering State agency should also be consulted regarding any apeclflc
form requirements for the required report and schedule.
These ruies apply only to grants made by State agencies from appropriations designated
as "grants end aids" in e Florida app~s act. ~ rules ~ not apply to grants made from
sources of money other than h'm)se designated as "orerd/and lidS" in a Florida appropdations
act. There may be occasions when State gnmts and aids appropriation rrxx'mys received from a
State agency may include Federal and local grant rnormys. These rules require a Schedule of
State Financial Assistance, which in effect requires that State grants and aids appropriation
moneys be shown o~ a separate schedule or disaggr~ when included on a schedule
prepared under other applicable Federal audit requirements.
required assurance also applied to the State grents and aids approprtation mormys on the
schedules.
DEl' Coutra~t No. GC530, Attachment i~ l'qt 2 of 5
OCT 8 1997
If an audit is required pursuant to Section 216.349, Florida Statutes, these rules require a
compliance report which shall address State grants and aids appropriation moneys. The
compliance report required under these rules is the same for local governmental entities, nonprofit
c~ganizations, and for-profit organizations. The referenced auditing standards are different for
each type of entity but the audit procedures should be essentiafly the same for each type of entity.
The auditor must determine from the grant agreement and/od' inquiries with the granting
agency the level or amount of testing necessary to sport on whether or not the expenditures of
the grants were in accordance with all legal and regulatory requirements and that the funds were
not used for the purpose of lobbying the Legislature, the Judicial branch, or a State agency.
Nothing in these rules precludes the auditor from testing grant moneys for both Federal and State
requirements at the same time. However, as stated earlier, these rules do require a Schedule of
State Financial Assistance and a compliance report that refers specifically to the Schedule of
State Financial Assistance.
Nothing contained in these rules precludes a State granting agency from Imposing
requirements that are in addition to those specified in these rules.
Hlltory: Hew 0~.30-~3 .,i~endecl OS-30-G4, C~30-G5
10.610
(1)
(2)
(3)
LOCAL GOVERNMENTAL ENTITIES
Definition - For purposes of this Rule, the term "local governmental entity' means a
county agency, municipality, or special district or any other entity (other than a
district school board or community college), however styled, that independently
exercises any type of governmental function.
When an audit is required pursuant to Section 216.349, Florida Statutes, and the
entity receiving the grant is a local governmental entity, the audit shall be made
using applicable standards from Government Audlting ,5'tandarcls (1994 Revision).
At a minimum, applicable standards should include those standards which refer to
c~mpllance with laws and regulatiof~s. Grantor State agencies may also Impose
additional requirements.
The audit report produced in compliance wfth Section 216.349, Florida Statutes,
shall contain a schedule of State financial assistance which meets the requirements
of the granting agency(s) and a written report on the auditor'l tests of compliance
with applicable laws and regulations. This report, which may be Included in aP, her
the report on the financial audit o4' a separate report, should present the results of
the auditor's tests of compliance, including all irregularities, i~legal acts, and other
instances of noncompliance that are material to the financial statements.
Additionally, the report should refer to the Schedule of State Financial Assistance.
General Authority ind Law Implemented - ~ectlon 11.45, Florida Statute, end aectfon 218.14g, Florida Statutea.
Hietory: New 0e-3G42 Amended 0~30-g3, 06-3044, 04-30-g5
10.620
NONPROFIT ORGANIZATIONS
(1)
Definition - The term "nonprofit organization" means any organization which is not
a govemmental entity, or a for-profit organization.
DEl' Contract No. GCS30, AtUchznent H, ?age 3 of' S
HO. ~
OCT 2 6 1997
·
(2)
When an audit is required pursuant to Section 216.:349, Florida Statutes, and the
entity receiving the grant is a nonprofit organization, the audit shall be made using
applicable standards from Government Auditing Standards (1994 Revision). At a
minimum, applicable standards should Include those standards which refer to
compliance with laws and regulations. Grantor State agencies may also Impose
additional requirements.
The audit report produced in compliance with Section 216.349, Florida Statutes,
shall contain a schedule of State financial assistance which meets the requirements
of the granting agency(s) and a written report on the auditor's tests of compliance
with applicable laws and regulations. This report, which may be included in either
the report on the financial audit or a separate report, should present the results of
the auditor's tests of compliance, Including all Irregularities, illegal acts, and other
instances of noncompliance that are material to the financial statements.
Additionally, the report should refer to the Schedule of State Financial Assistance.
General Authority and Law Implemented - Section 11.45, Florida Statutee, and Section 21S.345, Florida Statutes.
Histo~'y: New 06-30.~2 Amended 06-30-~3, 05-30-~4, 06-30..~$
10.630
(1)
(2)
FOR-PROFIT ORGANIZATIONS
Definition - The term "for-profit organization' means any organization which is not a
governmental entity, or a nonprofit organization.
When an audit is required pursuant lo Section 216.349, Florida Statutes, and the
entity receiving the grant is a for-profit organization, the audit shall be made using
applicable standards from generally accepted auditing standards. At a minimum,
applicable standards should include those standards which refer to compliance with
laws and regulations. Grantor State agencies may also Impose additional
requirements.
(3)
The audit report produced In compliance with Section 216.349, Florida Statutes,
shall contain a schedule of State financial assistance which meets the requirements
of the granting agency(s) and a written report on the auditor's tests of compliance
with applicable laws and regulations. This report, which may be included in either
the report on the financial audit or a separate report, should present the results of
the auditor's tests of compliance, Including all irregularities, illegal acts, and other
instances of noncompliance that are material to the financial statements.
Additionally, the report should refer to the Schedule of State Financial Assistance.
General Authoctty and ~ ImplementN. S~liofl 11.45, Floclda Statutal, and ,f~ctlu121S.349, Flcwtda Statutes.
Hl~tory: New 0~,3042 Amended 06-30.43, 0~, 06-30-95
10.640
EFFECTIVE DATE
These Rules, as amended, shall take effect September 30, 1996, and are
applicable to audits for fiscal years ending September 30, 1996, and thereafter.
· eft~-al Authetlty and Law Implemef~ted - Sectlcm 11.45, Florida Statutes, and Section 21S.34S, FIc:wlda Statutes.
Hl~tety: New
DEP Contrjlct No. GC530, Att~chmei]t H~ 1)lie 4 of $
OCT 2 8 1997
APPENDIX
EXCERPTS FROM FLORIDA 6TATUTF~, 1996
Amended 0~-30~3, 0~, ~.5,
216.349 ~ revtew d gr~nt~ ~ .~. ~~; ~ ~ ~ ~ -
~d~ ~ ~ m g~n~ ~d s~s app~p~a~
(a) ~ .~ r~N~ ex~ $1~,~, h~
~ ~ ~e ~d~ Oene~l p~Igat~ pu~uant to ~. 11A5;
~) If ~e am~n~ reM~ ex~ $25,~ b~
h~e a ~e~nt prepar~ by an hde~ndent
~g ~ ~ ~ganEa~n h~ ~p~
(c) ~ ~ ~n~ r~ do not ex~ ~5,~,
~ ~e ~[
~ ~ age~ and ~ ~e ~ G~I.
Hilts1'. -I. ~, ch. t1-10l; I. 11, ch. 12-t42.
DEP Coutract No. GCC30, Attachment H, Pt~e S of S
OCT 2 8 1997
Perforn~uce Criteria
The performance ~tion of the Local ~ Connlct w~ be hued on a composite of the £ollawin~ two areas
ofresponsfl~t~. For e~:b area of reslxnu~'biUty, a rating of ! (lawes0 tln'ou~ 5 (higbes0 will be assigned. The
overall composi~ wOl be the average of the ratings for the two areas.
Program and Non Program timeliness and site Inspection quota
lh.e~owl program invoice al~roval or denial letters should be wrinen wi~,, five working days
of reques~ by the consultant. ~
2. Work Orders negotiation should be initiated wifl~n two weeks of receipt of a work order proposal.
Change Order preparation (or negotiation if necessary) should be initiated within two weeks ora
change order proposal request.
o
Review of Deliverables such as CARs, RAPs, O&M status reports, e~c. should be initiated with~
30 days of receipc ~
Five percent of sites that arc managed by the site manager will be inspected on a quarterly basis
with the overall ~oal of in.specti~g 25% of sites on an annual basis. ~
Overall rating of 1-5
In accordance with the attached table a performance rating of 1 through 5 w~ be assigned depending on
the actual percentage of turn,round goals achieved.
Com~enu: (commen~ arc mandatory for ratings of I or 5)
B. Quality of site management actfv~tfes
This is a rating of 1 thzoush $ tt~t reflects the quality of site management activities, such s.s following
policies and procedures (prcapproval SOP), negotiation abilities, demonstrating good judgn~nt on cleanup
and assessznent issues, main~g professional and amiable relation,ships with conu'zcto~ and
demon~u'ating the ability to work independently and show initiative on tectmical issues.
Overall rating of 1-5
Couuuents: (con~ents tre mandatory for ra~ngs of I or 5)
DEP Contract No. GCS30, Att~clunent/, Page 1 of 2
~ performance L, Ytluitlon scoFe is the sterile of' the two cl-Rerbl listed tbo~e on s sclle or l-S:
l-lx~
2 - below satisfactory
3 ' satisfactory
4 - aIx~ve sa~sfac'.ory
5 - excellent
DEP Contract No. GCS30, AtU-_~_,~nt X, Page 2 of 2
OCT ~ 8 1~
TASK ASSIGNMENT NOTIFICATION
CATEGORY I SERVICES
FDEP Controct Number,OC 530 Tllk Asilgnment Number:.
Contractor Name: Collier County Pollution Control Department
Contract Manlgtc ~
FDEP Contract Man~,ge~ ,.~
Phone f:941/732-2~02
Phone ~. ~0~ 487-3299
Task DescflpU~: (Use ~ddlUonsl poges If noceseery)
.Perform C~tegory I p~troleum cont~mlnetion site clelnup sewices on 22 petroleum contsmirmted
lites and le described In Attachment A, $cop~ of Services of FDEP Cofii~ct GC 630.
Deliverable: Completion of all activities, documents, leffem, data
entry, etc., per Scope of Services listed in Attachment A of
FDEP Contract GC 530
Task Assignment Type:
Amount Not To Exceed
Fee Schedule $$4,289.05
Total Task Assignment Value $54,289.05
Due Dire: 9/30/98
Code E.O. Module C~te~'7 Fbc~l Yr. .Bud~ Re~~ Ap~wd
37450405406 B 3 132500 4710 104132 97/98
FDEP Contract Manager
Cost Center Administrator
Bureau Chief
Contractor Representative
DEP CeetrKt No. OCS30, Tfud~ Amirntnfnt Ho. 1, hfs I or I
Date
Date
Date
EXECUTIVE SUMMARY
RECOMMENDATION TO Al'PROVE A MODD'ICATION TO COMMERCIAL
EXCAVATION PERMIT NO. ~9.206 'W~LI~W RUN QUARRY*', LOCATED IN
SECTION 11,12,13, & 14, TOWNSB~P ~0 SOUTi], RANGE 26 EAST, BOUNDED
ON ALL SIDES BY VACANT LAND ZONED 'A', EXCEPT FOR T~E NORTi~
SIDE OF TIlE NORTII P~RCEL WtlICH ABUTS ~ NAPLES GOLF
ESTATES FUD. (Ti~S IS A COMI~ANION ITEM TO CU-97-16, WILLOW RUN
TRUST)
To isme a modi~cation to the existing Excavation Permit know as the "Willow Run
Quarry" in accordance with section 3.5 of the I.~nd Development Code.
CONSIDERATION;
The petitioner proposes to expand his existing quan'y operation toward, the north into a
120 AC parcel and south into an 80 AC pm'cci. The northern excav~on will be 34 acres
and the southern excavation will be 26 acres. The excavation on the existing parcel will
be expanded by 70 acres.
If'the l?etitioner can excavate the entire 130 acres to the f~ll depth, sta~es6m~tes ~ the
oporauon could generate as much as 8.9 million C.Y. offill.
Offsite retnov~ of fill will be subject to the standm'd conditions prepared by
Transportation Services (attached).
FISCAL IMPACT:
Permit Application $850.00
Permit Fee: $26,764.00
Road Impact Fee 0
The permit and applica~on fees are collected in the Community Development Fund -
Development Services Adminisu~on (113-138900).
GROWTH MANAGEMENT IMPACT:
None
OCT 2 8 1997
Commercial Exc4n~on Permit No. 59.206 (Modification)
Pa~ 2
The excavagon sl~l] be Engted to a depth ofS(Y (Elev.-40 NG'v'D) below existin~ grada
(+]o.o NOv'D).
Off site mnovsl or mt=itl shall be subject to "standard conditions" imposed br the
Transponati~ Services Division in document dated 05/24/g8 (copy
Wl~ere groundwater is proposed to be pumped during the excavaling operagon, a
DewaIerin8 Permit shall be obtained fi'om ~ South Florida WaIer Ivlanage~nt District,
and a copy provided to Project Plan Review for approval prior to the commencam~nt of
any dewaIering activity on the site.
If'trees are to be removed as a result ofthe excavalin8 operation, a Tr~e Removal Permit,
Project Plan Review before work shall commence.
5. The water quality monitorins pro,ram shall be implemented, as submitted.
PREPARED BY:
Date
RL~/IEWED BY:
~ E. Kuck, P.E.
R ew Services
Exec~ve Summary
Date
00T 8 lgg7
Commercial F. xc~v~tion Permit No. 59.206 (Modific~on)
~ S~vic~ D~pa~m Dirmor
.. V'mc~at A. ~o, Administrator Date
~ IX.v~opm~ ~nd Environmer~ Servic~
OOT~8 1997
COLLZER ¢.~-~{TY T~.~NSPORTAT20N ~£RVZC£~J~°
' N CONDITIONS"O .
EXCAVATION PEP. MIT APPLICATIONS INVOLVING
OFF-SITE REMOVAL OF'MATERIAL
The intent of these 'Standard Conditions" are to provide excavation
permit applicants a summary of conditions which may affect their
projects and which should be taken into consideration during all
stages of project development:
Maul routes between an excavation site and an arterial road
shall be private with property owner(s) approval or be a public
collector road built to standards applicable to handle the
resulting truck traffic. Where residential areas front
collector roads, appropriate turn lanes, buffer and bikepath
shall be required as minimal site improvements and if
recommended for approval, shall be so uith the condition that
the Transportation Services Administration reserves the right
to suspend or prohibit off-site removal of excavated material
should such removal create a hazardous road condition or
substantially deteriorate a road condition~ such action by
Transportation Services Administration shall be subject to
appeal before =he Board of County Commissioners.
Haul routes utilizing public roads shall be subject to road
maintenance and road repair or an appropriate fair share by the
permittee in accordance ~itn Excavation Ordinance No. 92-73 and
R~ght-of-:-:ay Ordinance No. ~2-9!.
Off-site remcval of excavated material shall be subject to
Ordinance No. ~2-22 (Road impact Ordinance). A traffic and
road impact analysis shall be made by the County to determine
the erie=ts that off-site removal of excavated material ~ill
have on the road system ui:hin the e×cava=ion project's zone of
influence, if appropriate, road impact fees in accordance ~ith
Crdinanca Nc. ~2-22 shall be paid prior to the issuance of an
e:.:cavatlcn p~rmit.
The Transpcrta:icn Services Administration reserves the right
=o esta~iish emergency weight limits on public roadways
a~fecte~ by the off-site removal of excavated mate~ia!; the
procedure for estab!ishmen= of weight limits shall be the
presentation cf an app!ica~!e resolution before the Board of
County Cemmissioners. Should weight limits be instituted, the
permittee shall be responsible to implement measure to assure -.
that al! heavy truck loadings leaving the permit's property
conform to the ~pp!icab!e weight restriction.
The Exca~-auion Performance Guarantee shall apply to excavation
operations and also %he maintenance/repair of public roads in
accordance with current ordinances and applicable permit
stipulations.
EYJ~IBIT
Pac. e One of
OCT 8 19 ?
Uased on soil borin~ information per Ordinance ,~5. 92-?~, a
blasting permit may be appropriate. Should a blasting permit
application be submitted and should cesiden~ia! areas exist
within one mile of the excavation site, the County reserves the
right to deny a b~asting permit based on concerns for off-s£te
impacts from blasting at an excavation site. Should a blasting
permit be considered and approved, the minimum conditions of
approval in addition to conditions per Ordinance No. 92-?3 are
as follows:
Structure inventory/monitoring and applicable proper~y
owner release as required by the Development Services
Director.
Security bond applicable to private property damage
acceptable to the Count),.
Control of size/depth/number of charges per blast by
the Development Services Director.
The righ% of the County to suspend, and/or revoke
b!as%ing permit authority should be determined that
blasting ac:ivities are creating unacceptable off-site
.condi:ions either in ~erms of private property damage
and/or re!a~ed phvsicai effects of blasting
o~ra%icns. '
Nc e:<cava=icn permi% shall be issued until receipt of a
release from %k~ Transpcr=aiion Services Administration
a=plica~l_. ~,~ =o ~roper mi=i~a:ion o.' off-site *impacts,
meetin~ cf a~licab!e provisions cf Ordinance No,
Ordinance !~=. S2-22, and Ordinance No. ~2-73.
K~'ised ~2.,S2
Pa~e T-*o cf
OCT Z 8
IK~Y~T TO A~ROV~ FOR RECORDZN{~ TI~ FXN~ PLAT OF ~ZLVER ZdKI~B
To approve for recording the final plat of Silver Lakes Phase
C~NBIDERATION_~ ~
The Board of County Commissioners on June 29, 1993 approved the
final plat of Silver Lakes Phase Two with the stipulation that
the plat not be recorded until security was provided to ensure
completion of the required subdivision improvements. The
developer has Phased the recording of the Phase Two plat, and
Phase Two-D is the final phase.
The fiscal impact to the County is listed below. The
project cost is $314,309.60, 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
$31,430.96, (the improvements have been completed). The developer
has provided a Letter of Credit as the required security. The
County will realize revenues as follows:
Fund: Co,fa.unity Development Fund 113
Agency: County Manager
Cost Center: 138900 - Development Services
Revenue generated by this project:
Total: $25,107.79 (for all of Phase Two)
Fees are based on a construction estimate of $1,394,149.92 (all of
Phase Two) and were paid in April and June, 1993 and are reflected
in the Executive Summary of June 29, 1993.
~xecutive Summary
Silver Lakes Phase Two-D
Page 2
None
That the Board of County Commissioners approve the final plat of
'Silver Lakes Phase Two-D', with the following stipulaticms:
1)
Accept the Letter of Credit as security to guarantee
completion of the Subdivision improvements.
2)
Authorize the recording of the final plat of 'Silver Lakes
Phase Two-D'.
3)
Authorize the Chairman to execute the attached
Construction and Maintenance Agreement.
That no Certificates of Occupancy be granted until the
required improvements have received preliminary
acceptance.
PRI~PARED BY:
John R. Houldsworth, Senior Engineer
~ngineering Review
Date
',7
REVIEWED BY:
'I'ho~s E. Kuc~, P.E.
Engineering Review Manager
Donald W.
- Planning Services
Vi'n-ceht A. Cautero, Administrator
Co~,~,,unity Development & Environmental Services
Co,,,,,unity Dev. and Environmental Svcs. DIVISION
Date
Date
OOT 8 lg 7
l
!
:-
I
oo
ROYAL
!l
lAST "~1 ML
'3
I
I
I AGEI
OCT ~ 8
CONSTRUCTION AND MAINTENANCE AGREEMENT
FOR SUBDIVISION IMPROVEMENTS
THIS CONSTRUCTION AND MAINTENANCE AGREEMENT FOR SUBDIVISION
IMPROVEMENTS entered into this day of , 1997, between Conquest Development
U.S.A., L.C., a Florida Limited Liability Company, hereinafter referred to as 'Developer, and the
Board of County Commissioners of Collier County, Florida, hereinafter referred to as 'The Board'.
RECITALS:
A. Developer has, simultaneously with the delivery of this Agreement, applied for the
approval by the Board of a certain plat of a subdivision to be known as:
Silver Lakes, Phase Two-D
B. Division 3.2 of the Collier County Land Development Code requires the Developer to
post appropriate guarantees for the construction of the improvements required by said subdivision
regulauons, 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 will cause to be constructed:
~,~ater, sewer, roadways, drainage and street lighting.
within 36 months from the date of approval of said subdivision plat, said improvements hereinafter
referred to as the required improvements.
2. Developer herewith tenders its subdivision performance security (attached hereto as
Exhibit "A" and by reference made a part hereof) in the amount of $31,430.96 which amount
represents 10% of the total contract cost to complete construction plus 100 % of the estimate cost to
complete the required improvements at the ~te of this Agreement.
1 of 3
OOT g 8 1 :37
In the event of default by the Developer or failure of the Developer to complete such
improvements within the time required by the Land Development Code, Collier
County, may call upon the subdivision performance security to insure satisfactory
completion of the required improvements.
The required improvements shall no, t 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 La.nd Development Code.
The Development Services Director shall, within sixty (60) days of receipt of the
statement of substantial completion, either: a) notify the Developer in writing of his
preliminary approval of the improvements; or b) notify the Developer in writing of his
refusal to approve improvements, therewith specif.ying 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.
The Developer shall maintain all required improvements for a minimum period of one
year after preliminary approval by the Development Services Director. After the one
year maintenance period by the Developer has terminated, the Developer shall petition
the Development Services Director to inspect the required improvements. The
Development Services Director or his designee shall inspect the improvements and, if
found to be still in compliance with the Collier County Land Development Code as
reflected by final approval by the Board, the Board shal/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
complete, each request for a reduction in the dollar amount of the subdivision
performance security shall be accompanied by a statement of substantial completion by
the Developer's engineer together with the project records necessary for review by the
Development Services Director. The Development Services Director may grant the
request for a reduction in the amount of the subdivision performance security for the
improvements completed as of the date of the request.
o
In the event the Developer shall fail or neglect to fulfill its obligations under this
Agreement, upon certification of such failure, the County Administrator may call upon
the subdivision performance security to secure satisfactory completion, repair and
maintenance of the required improvements. The Board shall have the fight to construct
and maintain, or cause to be constructed or maintained, pursuant to public
advertisement and receipt and acceptance of bids, the improvements required herein.
The Developer, as principal under the subdivision performance security, shall be liable
to pay and to indemnify the Board, upon completion of such construction, the final total
cost to the Board thereof, including, but not hmited to engineering, legal and contingent
costs, together with any damages, either direct or consequential, which the Board may
sustain on account of the failure of the Developer to fulfill all of the provisions of this
Agreement.
2 of 3
OCT 2 8 1997'
e
All of the terms, covenants and conditions herein contained are and shall be binding
upon the Developer and the respe~ve successon and assigns of the Developer.
IN WITNESS WH EREOR the Board and the Developer have caused this Agreement to be executed
by their duly authorized representatives this. day of ,1997.
Signed, Sealed and Delivered
in the presence of:
Witness
P~'inted or typed name
Printed or typed name
DEVELOPER
Conquest Development U.S.A., L.C.
A Florida Limited Liability Company
BY~°conquest DevelOl~ment U.S.A., L.~
ATIT_.S~
DWIG~E. BROCK, CLERK
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY. FLORIDA
Deputy Clerk
Approved as to form and
legal sufficiency:
..
He'i~i Ashton
Collier County Attorney
Timothy C. Hancock,
Chairman
3 of 3
Citizens
Community
Bank
COLLIER COUNTY LAND D~n~LO~,M~rr CODE
IRREVOCABLE STANDBY L£TI~R Or C~U~Dr~ No. 601535
Iss~zm Citizens Co~ Bank of Florida (~einafler 'Issuer~), 650 E. Elkc=n C~k, Marco
Island, FL 34145.
PLACE OF EXPIRY: At Issuer's counters.
DATE OF £XPIRI': This Credi~ shall be valid until October 8, 1998, and shall thereafter be
automatical' renewed for successive one-year periods on the a~ of its issue unk-ss at least
sixty (60) days prior to any such anniversary date, the Issuer notifies the Beneficiary in writing by.
registered mail that the Issuer elects not to so renew this Credit.
AP~LtCA.XT: Conquest Developments, USA,. L.C. (hereinafter "Applicant"), I001 Silver Lakes
Blvd., Naples, FL 34114.
BENEFICIARY: The Board of County Con~issioners, Collier County, Florida (hereinafter
"Beneficiar);') c/o Ofiqce of the Count' Attorney, Collier County Courthouse Complex, Naples,
Florida.
A,~IOU,~"r: $31,430.96 (U.S.) up to an aggregate thereof.
CREDIT AVAILABLE WITH: Issuer.
BY: Payment against documents detailed herein and Beneficiary's drafa at sight drav,'n on the Issuer.
DOCUblENTS REQUIRED: AVAILABLE BY BENEFICIARY'S DRAFT(S) AT SIGHT DRAWN ON THE
ISSUER AND ACCOMPANIED BY BENEFICIARY'S STATEMENT PURPORTEDLY SIGN'ED BY THE
COUNTY MANAGER, CERTIFYING THAT: Conques~ Developments, USA, L.C.. has faiJed to
constn~ and/or maintain the ~vements associated with that certain plat ofa subdMsion known
as Silver Lakes, Phase 2-D or a final insixction satis~ctory to Collier County has not been performed
prior to the date of expiry, and satisfactory ahernative performance security has not been provkled
to and formally accepted by the Beneficiary."
DRAFT(S) DRAWN UNDER THIS LETTER OF CREDIT MUST BE MARKED: "Dr~wB u~der Chiz~
Comm~.' Bank of Florida, Credit No. 601535 dated October 8, 1997. The original Letter of Credit
and all amendments, if any, must be presented for proper endorsement.
650 East Elkcam Circle · .Marco Island. Florida 34145
TEL: (941! 389-1800 * (800) 895-0955 · FAX: (941! 389.2466 * m. ccbsnk.¢o:
MAILING ADDRESS: P.O. Box 1999 · Marco Island. Florida 34146-1999
This Letter of Credit sets forth in full the terms of the Issuer's undenakini~ and such
ua:lertak~ shall nor h any way be modified, amended, or amplified by reference to any document,
inmuaznt, or ~ referenced to herein or in which this Letter of Credit relates, and snl..' such
reference shall not be deemed to incorporate herein by reference any documern, insmmznt, or
agreemem.
Imer hereby enpges with Beneficiary that draft(s) drawn under and in compliance ',,,ih the
terms ofthis Credit will be duly honored by Issuer ii'presented within the validity ofthis Credit.
CiI1ZENS COMMUNITY BANK OF FLORIDA
By:
David E. Klein
Senior Vice President
OCT 1~ 8 lg97 ~"
AlSlSENDIX A- STANDARD LEGAL DOCI.,,~,I£NT$
This CxediI is subject to the Uniform Customs and Practice for Documetna~ Credits (1983
Revision) International Chamber of Commerce Publication No. 400.
CITIZenS COMMUNITY BAN)'. OF FLOI~DA
By:
David E. Klein
Senior Vice President
OCT ~ 8 19~7
EXECUTIVE UMMARY
INTER-LOCAL AGREEMENT BETWEEN THE CITY OF NAPLES AND COLLIER
COUNTY REGARDING THE GORDON RIVER EXTENSION BASIN STUDY
~.~: That the Board of County Commissioners approve and adop{ an Inter-Local
Agreement with the City of Naples to Initiate an engineering evaluation and environmental
assessment ~ of the Gordon River Extension Basin Including Collier County, City of
Naples and the Big Cypress Basin.
QONSIDERATIONS: As part of the County Stormwater Management Master Plan, the
Gordon River Extension Basin Study affects the City of Naples and Collier County. As a joint
effort, this Inter-Local Agreement will initiate a joint study to perform an engineering and
environment assessment of the Gordon River Basin.
The participation agreement estimates the study to cost approximately $600,000, with Collier
County contributing $300,000; the City of Naples $100,000 and the Big Cypress Basin
$200,000.
The City of Naples approved the Inter-Local Agreement on August 6, 1997. Collier County
anticipates that a separate Big Cypress Basin Agreement will be finalized shortly.
This County/City Inter-Local Agreement has been reviewed and approved as to form and
legal sufficiency by the County Attorney's office.
FISCAL IMPACT: The County's portion of cost associated with this study will impact
stormwater management capital fund #325-172921-31005 in the amount of $300,000 which
is currently budgeted for FY97/98. The anticipated revenue from the City of Naples is also
cb~adg.ete, d in the a[nou.nt of..$100, .0~3 ip ftmd ~.32~-17.2921-337370-31005 (St. oz~ws'cez'
p3.1;SA Fund, ~oraon ~:~ver uas~n 5tuay ~rojec~;).
GROVV'FH MANAGEMENT IMPACT: The study of the Gordon River Extension Basin is in
keeping with the Goals, Objectives and Policies of the Drainage Sub-Element of the Growth
Management Plan.
RECOMMENDATION:
attached Inter-Local Agreement.
-A~n Marie Saylor, Ad~nini~ative Assistant
Reviewed by: ~ r~3h~"o'~./~.~'-
Jo~n H. Boldt, P.E., P.S.M., Stormwater Management Director
Approved by:~
That the Board of County Commissioners approve and adopt the
??
Date
Date
Date
GORDON RIVER EXTENSION BASIN STUDY
INTER-LOCAL AGREEMENT
I
2
4
6
I THIS AGREEMENT, made and ended into this . day of
9 1997, by and between the City of Naples, a municipal corporation, hereinafter called the
10 'CITY"; and Collier County, a political subdivision of the State of Florida, her~xafter
Ii collectively called the "COUNTY".
12 WITNESSETH
13 WHEREAS, the COUNTY proposes to engage an engineering - envitontnemal
I~S consultant to perform a comprehensive engineering evaluation ~xl
15 assessmer~ study of the Gordon River Extension which involves Collier County. the Ch3r
16 of Naples and the Big Cypress Basin; and
I ? WHEREAS, the CITY and COUNTY agree Io a join! sponsorship along with the
Il Big Cypress Basin for the comprehensive basin study of the Gordon River Extension
19 watershed Io meet the desired objectives of flood control, groundwa~r recha~e, water
20 quality protection and environmental mhancemem (the "Project"). A "Scope of Service"
21 shall be developed that is mutually agreeable to both the CITY and the COUNTY; and
:2:2 WHEREAS, the CITY and the COUNTY, in consideration of~e mutual benefits
23 to each public entity, do hereby agree to sha~ in the estimated $600,000 cost. The CITY,
:24 as a joint sponsor of the "Project" will contribute up to $I00,000 (16 2/3%) to
25 supplement the $300,000 ($0'/,) risc. al yea~ 96/97 budget commitmem of the COUNTY.
26 In addition, the Big Cypress Basin has been requested to contribute $200,000 (33 i/3%)
2'/ towards the study. Should the cos~ of the study exceed $600,000, an amendmen~ to this
25 Inter-Local Agreement may be negotiauxl between the CITY and the COUNTY, and
:29 WHEREAS, the CITY will participate and provide input to the consultant
:~0 selection process and will also provide technical review oft.he various tasks completed by
:~ I the consuitam. The COUNTY will be t~-spons~le for assuring thai any consultants
~2 nec__~sary for the completion of the "Project" will be seleeted in compliance with afl - -
:~3 npplicable slate, local s~d federal laws and ~*gulations. It is artticipated thai the
I
4
6
?
:o
12
14
16
17
19
21
24
29
~30
consultant will be selected by mid 1997 and the study sh~l taJce 12 Io IS months to
complete;
NOW THEREFORE, based upon the mutual cover~nts herein and oth~ valuable
consideratiort, the parties a~ree as t'ollows:
!. The above recitals ~'e true and correc~ tnd incorporated herein.
2. The COUNTY agrees to pay the sum not-to-exceed S300,000 (5(P4) and the
CITY agrees to pay the sm'n not.to-exceed SI00,000 (16 2/3°4) ~ the
consultants services, unless there is an amendment to the Agreement.
3. The CITY shall pa)' the COUNTY in three equal installments as follows:
· Upon completion and review by the CITY orthe H)'drologic and
Hydraulic Study, the En~Sronmental Assessment, the Groundwater
Studies and the V~'ater Quali~' Stud)': one-third paymem not-to-exceed
$33,333,
· Upon completion ~nd review by the CITY or the Engineering/
Environmental Inter-Relational Analyses: the second one-third
payment not-to-exceed $33,333.
· Upon completion and review by the CITY ot'the Comprehensive
Basin Management Plan: the £nal one-third payment not-to-exceed
$33,334,
4. The (COUNTY shall contract with the consultant in accordance with the
COUNTY'S purchasing policy and smxiard COUNTY procedut~ and all
applicable state and federal laws and re.clarions. The CITY shall have the
right to r~view and approve all contract documents prior to their execution by
the consultant. The COUNTY shall be solely responsible for monitorin8 the
lxrformance or any consultants hired for the "Project" and makin8 payments
to the consultant. The CITY shall have no obligations to the consultant and
shall not be · party to the contract ~ the COUNTY sad the consultant.
The CITY's sole obligation will be to m~ke payments to the COUNTY .as..se~
consultant shall provide tha! the consultant shall indemnify, defend and J ....
i IIIllll II I III I I II IIII III IIIII I
6. TI'tis Agz~'emenl can be ten'nJnated by mural a~.~emem of bo~ ~ and
sl~ll be recorded in the O~cial Public Records of Collier
IN WITNESS 'i'TIEREOF, the pa~ties he. to have earned ~is tnsmnnem m be
exeemed in duplicate by their pmp~ o~cials, duly autlx~tz~ so Io do, and hav~
their seals the day and yea~ £u~ shove
ATTEST:
TAI~,A A. NOP. Nt/~N. CITY ~
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY:
A"r~T:
BOARD OF COUNTY COMMISSIONS
COLLIER ¢OU1TFY, FI. Of. IDA
DW1GFFT C. BROCK, Clerk
AI~.OVED AS TO FORM AND
LEGAL SUFFICIENCY:
BY:
TIMOTHY L. HANCOCI~ L"I~INN
David C. V/i¢~el
Collier Count), Attorney
EXECUTIVE SUMMARY
ACCKi~T A QUITCLAIM DEED FOR TI~ MARCO TRANSFER STATION
FROM ~ DELTONA CORPORATION.
~]~.~: To remove a revmer close from tl~ Win'ram3, Deed for the lViarco
Isltod Transfer Smion.
CONSIDERATION: On May 18, 1971, the Board of Coumy Commissioners acceFted a
WatrmW Deed from Marco Island Development Corpor~on for land needed to house a
Trash Incinemor which wa~ needed to dispose of trash, ~tbage and waste maletial. The
its successors and assigns discontinued the use of the site for the purpose ofthe
incinemion or dis~ul of ~ ~e aaa wnste maxtriak tnd said dise~mfinnn~
continue~ uninterrul~ed for 60 days or more for a majority of any contimous four month
period, then the fee simple t~le to the land shall automatical~ revert to the grsmor O'he
Deltona Corporation).
The Deltona Corporation has agreed to remove the reverter clause by gnmting Collier
County a Quitclaim Deed excluding the reverter I~nguage. See Exhibit "A" attached
hereto and made a part hereof. Staff'is requesting acceptance ofthe Quitclaim Deed by
the Board of County Commissioners and authorization to record the Quitclaim Deed in
the records of Collier County.
FISCAL IMPA~I':
Fund:
Cost Center:
Funds are available in:
470 - Solid Waste Disposal
173410 - Solid Waste Administration
For recordation of the approved Quitclaim Deed in an amount not to exceed $25.00.
GROWTH MANAGEMENT I]VIPA~: None.
RECOMb~NDATION:
1.
2.
That the Board of County Commissioner~:
Accept the Quitclaim Deed from The Deltona Corporation.
Authorize Staffto record the Quitclaim Deed in the public records of CoRier
County.
Aee~pt A Ouhchim Deed for the Mar~o Tranffer Station
No. 2
PREPARED BY:
D~
PUBLIC WORKS DIVISION
QUITCLAIM DEED
Exhibit "A" - Page ! of 3
The Deltona ~tion. · Dclaws~ corporation, successur b7 me~g~r to thc Marco Island
Development Coq)oration, (he. iai"let ulled thc Grantor). to Collier County, · political
subdivision of the State or Florida, its successors and usi~ns, whose post-o~ce address ia 3301
Tamlami Trail Eut, Naples, Florida 34112 (hercinafl~ called the Grantee):
(Wherever used hc'~n the terms "Grantor' and 'Gr~tee" include ali the parties to this
instrument and their rupcctive heir3, s~cccsmrs end usi~ns.)
WFrNESSETH: That the Grantor, for and in consld~ration or the sum or Ten Dollars
(S10.00) in hand paid by the uid Grantee, thc recclpt whereof is he.by &cknowledgcd, docs
hereby tTmise, r~ictse, and quitclaim unto thc uid Grantee forever, all the right, title, i~erest,
claim and de.md which the said Gramor has in nd to the following de·ch'bed lot. piece or
panel of rand sit.re, lying and being in Collier County, ~oHda, to wit:
SEE EXI~BIT "A" a~ched hc'r~o ~'~ made a pm hc'~o~
'lEIS IS NOT HOMESTEAD PROPERTY
Subject to easem~s, resections, ~md rcsc'rv~ions of record.
TO HAVE AND TO HOLD the ~me Iogetber with all appu~e~ances thereunto belonging
or in an)wig appcrlaining, and all the estate, right, title, int~est, lib't, equity and claim
' wh,ttsoe¥~ofthe said Grantor.
rN W]TNT. SS WHEREOF, the Grantor hu caused these presents to be executed the day
-- The Deltofla Corp<xa~
WRnesl Sig~tu~e
V*r~N$ S $ignat)[re.
Earle O. Cor~ht. Jr., Prl~n~.,/
STATE OF
COUNTY OF '~,~,~
The foregoing Quitclaim ..Deed .w?s ock_n.cr~edged before me ~y-Earle D, Cortrlght:-. J~..
Presklent. of The Deltona uorpora,on, a ueiaware corporation, w~.~rsonally known Io me.-'
or who tins produced . as idenlificmtion.~'---------_
(affix notarial seal)
4
Exhibit
"A"
- Page
2 of
A tract of land lying in Tracts D and F as shown on the plat of Marco Beach Unit 4, recorded in Plat
Book 6, pages 32 through 37 of the Public Records of Collier County, Florida and being more
particularly described as follows:
Commencing at the intersection of the Sotr,~ea~erly right of way line of Windward Drive, as shown on
said plat of March Beach Unit 4, and the Southwesterly boundary line of said wac~ D; thence nm S
45°00'00" E., along the line common to said Tracts D and F for 200.00 feel to the Point of Beginning
of the lands herein described; thence run N 45°00'00" E for 100.00 feet; thence nm S 5.~°4T14"E for
3ii.6? feet, to a point on the Southea.~erly boundary line of said Tract D; thence nm S $0'03'34" W,
along said Southea~erly boundary, line of said Trac~ D, for 160.00 feet; thence nm H 45"00 00" W
along the line common to said Tracts D and F for 161.00 feet; thence nm S 45°00'00" W for 159.77
feet to a point.on the Northeasterly right of way line of EIkcam Circle, as shown on said plat of Marco
Beach unit 4; thence nm N 45°00'00" W along said Northeasterly right of way line of Elkcam Circle,
for 200.00 feet; thence nm N 45°00'00" E for 159.?? feet to a point on the line common to skid Trac~s
D and F; thence nm N 45°00'00" W along said line common to Tracts D and F for 9.00 fee~ to the
Point of Beginning.
All lands lying and being in Collier Counry, Florida, and containing 1.85 acres more or less.
Exhib£t ~A' - Page 3 of 3
DIRECTORS' RESOLUTION
CERTII:ICATE
(Authorization ofP.~ F..su~ Si~tories)
I, Sharon J. l~?--,,rhiel= [Name of Secretory], The Deltons Corporation, a
Delaware ~tion, havin$ its principal place of business si 999 Brickell Avenue, Suite 700,
Mhmi, Florida 33131, hereby CERTIFY that the following resolutions are · true and correct
copy of cer~_.;- resolutions by the Board of Directors of The Del~m Co~)ration, · Delaware
corporation, in accordance with the by-laws of the corporation and recorded in the mi-utes of ·
regular meeting of the Board of Directors held on Hay il, 1996 . [Dsie of Meeting].
Such resolutions have not been rescinded or modified-and remain in full force and effect:
Earle D. CcrtriSht' (President), David H. Harden (Senior
RESOLVED, Vkce President) and Sharon itu~m~rhielm (Vice Pres. &
Names and Titles of Individuals that are authorized to execute documents], are jointly and
several authorized to execute and deliver for and on behalf of the Company, contracts, leases,
alp. cements deeds, subordinations and to perform all such acts and to execute such additional
documents (including, but not limited to, powers of attorney) as may be necessary or appropriate
in connection with such wansactions.
FURTHER RBSOLVBD, That the ab0v~ referenced ofirieers of this
Company are hereby authorized to execute documents ~ are ancillary to real estaIe
Wansacfions.
FURTH~..R RESOLVED, That the Secretary and any Asgstant Secretary of this
Company, and the Directors referred to in the above resolution are hereby also authorized to
attest to real estate documents which have been executed pursuant to these resolutions (except
that no individual may arrest to his or her own silputure)
L~I WITNESS WHBREOF, I have hereunto subscn%~d my name and affixed thc
corporate seal this 6 day of Octob~ ,19 97 ·
[Type Name of Secretary] Sharon ~:hiel,.
[Type Title] Vice President: and Corporate
Secretary
ADJUST WATER MANAGEMENT CIP BUDGET (FUND 325) TO P, EFL~
REVISIONS IN CAPITAL PROGRAM.
~ To obtain approval ofadjusunems to Fund 325 to reflect carry
forward from prior year and revised estimates of project costs for currc~ Fiscal Year
97/98.
~ Since preparation of the FY 97/98 Budget, there have been
several revisions to the stormwater management capital program that require adjustments
t~ individual costs centers.
The significant adjustments to the Expense Budgets are as follows:
(1)
(2)
Gordon River Basin Study
Cost Center No. 172921
Project No. 31005
Carry forward $176,000 previously allocated for additional data collection
prior to modeling effort.
Environmental Studies & Land Acquisition · Cost Center No. 172960
· ProjectNo. 31010
Additional surveying and aerial mapping cost of $I 0,000 to supplement
Haldeman/Rock Creek ar~a in several sections in East Naples and Cordon
River Basins.
(3)
Imperial W~dmark Est./FP&L Ditch Enclosure in Cocohatchee Basin · Cost Center No. 172972
· Project No. 31203
Carry forward $506,700previously forecast for this combined project but
delayed due to easement problems. Also additional 1193, 300 ia project
Executive Smnmary
"Water M~nt. CIP-Fund 325"
Page 2
(4) Sperling Court Storm Drain
· Cost Center No. 172987
· ProjectNo. 31302
Car~ forwn~ $39,000 previomly allocated for construction cost and an
ndditional S12,200 in re-design cost due ~o ctmn~e in alignment tesul~no.O'
· fix~n lengthy easement negotistions.
Manatee School Ditch R~location · Cost Cen~ No. 1 72975
· Project No. 31407
Carry forward $63,400 previously forecast for consUuction related ~
Project delayed because of need to secure SFWMD Permit modification.
(6) Lely Pumping Station
· Cost Center No. 172977
· Project No. 31108 (new)
Funds in the amount of S20,000 authorized by the Board on 9t'23/97
(Agenda 8.B 1 ) for replacement of 3 phase underground power cable to site.
(7) Melody Lane Culvert
· Cost Center No. 172952
· Project No. 31408 (new)
Additional $I 5,000 to replace an undersiz~ culvert in the ditch along the
east side of Westwind ~ in the Belle Meade ~
The adjustments to the Revenue Budget is as follows:
Due to various delays in easement acquisition or pe~ funds
totaling $981,600 for several projec~ need to be carried formmi from
FY 96/97 into the cmvmt budget, (Reserves - Cost Cemer No. 919010-
489200)
Execmive Summary
"Water Mgrnt. CIP-Fund 325"
Page 3
Because of delays in initiating the Gordon River Extension Basin,
cost-sharing grants need to be carti~ fon~,'d from FY 96/97 into the
ctu'ren! budg~ for:.
City of Naples (S24,000)
Cost Center No. 172921
Projec~ No. 31005
O.C. 337370
Big Cypress Basin (S48,000)
Cost Center No. 172921
Project No. 31005
O.C. 337310
FISCAL IIHPA~: Funds are available in Water Management ~ Fund 325.
The r~qu~sted action re-budgets FY 96/97 unexpended funds due to delay~ ia project
timeline~, to provide funding for increased project estimates or to establish funding for
Total adjustment to Budge~ results in a net increase of $1,053,600 to Fund 325 revenues
of which $' 785,~D0 are projec~ carried forward from previous year, ~,~0 is either
additional or new project cos~ and an increase of $18,000 to reserves.
GROWTH MANAGEMENT IMPACT; None
RECOMMENDATION: That the Board of County C. ommi~oners approve ~
adjustments to Water Managemen! Capi~ Fund 325, and attthorize sta~ to taucess the
appropriate budget amendment to implement the proposed adjustments.
PREPARED BY:
REVIEWED BY:
Storrnwater Management Director
Public Works Division
EXECUTIVE SUMMARY
WAIVE THE FORMAL BID PROCESS AND APPROVE THE RECYCLING
ADVERTISING CAMPAIGN FOR FY 1997-98 ON VARIOUS TELEVISION
STATIONS, IN LOCAL NEWSPAPERS AND OTHER LOCAL PUBLICATIONS.
~: To obtain approval bom the Board of County Commissioners to waive
the formal bid process and approve the recycling advertising campaign for FY 1997-98.
Ads will be placed on various television stations, in local newspape~ and other print
publications.
CONSIDERATION: In order to promote recycling and continue to educate the public
on proper solid waste disposal, including tire recycling, staffis proposing an advertising
campaigr, for television and print media with Lee County. Combining advertising dollar~
with Lee County promotes a regional recycling effort and saves money by providing twice
the number of ad spots for the same cost. For these reasons, staffrecommends a waiver
of the formal bid process as the recommended advertising plan does not lend itself to
conventional public competition. This advertising campaign will begin November 1997.
FISCAL IMPACT: Funds are avzilable in:
Fund: 472 - Solid Waste Disposal Grant
Cost Center: 173422 - Recycling & Education Grant
Fund: 472 - Solid Waste Disposal Grant
Cost Center: 173423 - Tire Grant
Listed below are the proposed vendors and budget for the advenisinS campaign:
Television
*Dual County Advertising
$23,200.00
Print
*Naples Chamber of Commerce
*TuffPublications
*Naples Daily News
S 2,000.00
S 800.00
$ 2,000.00
TOTAL: $28,000.00
GROWTH MANAGEMENT IMPACT: None
~ Summary
Waive the Formal Bid Process tnd Approve Recycli~I
Adverbial Campa~n
Pale 1~ 2
RECOMMENDATION: That the Board ofCoun~ Conun/ssionefl waive fl~e formal
bid proce~ and approve the listed vendors to be used in the FY 1997-98 recy~
mdv~nisins csmp.ign.
PREP~D BY:
REVIEWED BY:
1o~/B. Mayer, Recycli/~g C~rdinator,
Da~f'd W. Russell, Director, Solid Waste
Yanagemenl I~artme~
Solid
Da~e
REVIEWED BY:
or
REVIEWED B~
Ed
PUBLIC WORKS DIVISION
DWR:ad
APPROVE BUDGET AMENDMENT WITHIN THE
UTILITIES OPERATING FUND (408).
~ Board of County Commissioners approval of a Budget
Amendment that provides funding for the acquisition of two (2) Dump
Tnw, ks ~nd a Boom Mower.
~~~,~~The FY97 North County Wastewater Treatment
Facility (NCRWW'I~ capital budget included funding for the w. quision of
two (2) dump uucks for solids handling and a tractor mounted boom mower
needed for percolation pond maintenance.
The purchas~ were not completed during the FY97 budget year.
Consequently, funds need to be brought forward into the FY98 budget to
allow the purchases to be completed. On 9/23/97 the BCC awarded ~h¢ bid
for the two (2) dump trucks. The RFP bid specification for the Boom
Mower will be distributed within six (6) weeks. The Boom mower was
orginally budgeted at $60,000. Staff is now requesting that $70,000 be
I:)~d~besed on vendor quotes.
~: Funds are not presently budgeted. The recommen~
Budget Amendment will rrduce Utility Fund 408 Reserv~ in the amount of
$229,000. This includes $159,000 for the aquisition of two (2) tri-axle dump
trucks and $70,000 for a tractor mounted boom mower. Funds in the amount
of $229,000 earmarked for this equipment were unexpended in FY97 and ~hould
be available to rcplacc the r~luested reserve funds upon audit
completion.
The r~lUeSted budget amendment will ~ budgeted Fund 408 reserves
by $229,000 and increase Fund 408, Cost center 233312, the NCRWWTF
~apital equipment budget by $229,000. Budgeted fund 408 Reserve for
Contingency curr~nOy totals $1,302,900.
~ROW'rH MANAGEMENT IMPACT:
RF.~OMMENDATION: The Public Works Adminislralor recommends
spproval of a bud~e~ am~dm~t as descn'bed her~in.
PREPARED BY:
Timothy-L-f, Clemons, '
APPROVED
7
Ed llsc~er, Public Works
AUTHORIZATION TO ENTER INTO A CONSENT ORDER
WITH THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION
~ That the Board of County Commissioners, Ex-officio the
Governing Board of the County Water-Sewer District enter into a consent
order with the Florida Department of Environmental Protection as a result of
not having certain ordinances and/or programs in place by permit required
time.
1) As part of the permits for the County's wastewater treatment facilities,
there was a requirement to have in place an ordinan~pro~ governing
cross connection control and reuse water. These permits required that these
ordinances/programs be in place no later than February 28, 1997.
2) As a result of not complying within the permit~ time fi~une, the County
has received a consent order from the FDEP. This consent order requires
that an ordinance governing cross connection control be submitted to thc
BCC no later than 30 days after the approval of this item. It fu~er requires
that an ordinance governing the use of reclaimed water be submitted to the
BCC within 180 days of the approval of this item.
3) This has been reviewed by the County Attorney's office for legal
sufficiency.
~q..~: The fiscal impact associated with this item is
$10,000.00. Upon submission of the executed consent order to the FDEP,
staff will also pursue in-kind service. Funds for the payment of the
$10,000.00 are available in Fund 408 (County Water-Sewer District), Cost
Center No. 210120 Ok'ast~vater Administration).:..'n2e,, $1o,ooo paymerfl; ~d. ll
be absorbed tn ~he ~aste~ater Administration ~ ~u appropria~ions.
None.
~: The Public Works Administrator recommends
that the Board of County Commissioners, Ex-officio the Governing Board of
the County Water-Sewer District enter into the subject consent order with
the Florida Department of Environmental Protection and authorize the Public
Works Adminstrator to execute the consent order.
Timofi~,-'L. Clemons, ~astewater Director
APPROVED BY: ~~~~f~at.e: ~
Ed llschner, Public Works Administrator
Consent Agenda: 10/28/97
BEFORE THE STA'r~ 01' IrL,ORIDA
DF. PARTM~ OF EN%r~RONM~ PROTECTION
STATE OF FLOI:L~A DE. PAP.~ )
OF I~'VI~~AL i~~ON, )
)
)
vs. )
)
~ ccx./t,,F3~ WA'TI~. )
SKWEP. DIST'~CT )
)
P.f~x~Se~
)
i~ T]-i~ OFFICE OF T]~
SOUTH DISTRICT
OGC ~ NO. 99-1459-11-DW
lqq~ ~ier ~, ~ ~ 26' ~5' 12~q, LooZfn~ 81' ~5' 26'W.
4. R~poodcnl ope~m the Facility under Depamnent pet'm~ No. FLA014139, which expbu m ]~q~abcr 2~,
S. Respondent v~olated Florida Scttut~ 403.161(!)(b) which sines it shsll be protu'bitM far any person to ~il to
1997 ts requital in SpecgSc Cooditioa IV.I. ortbe rd'ereoced permit.
('T)cpartmcm") and Collicr County Watcr-Scw~ Distria('ges~ndcnt') to rcach scuJcmcnt of c~min mancrs ~t issue
CONSENT ORDER
Tlds Consent Order is made and entc~d into bctwccn the Sm~ of Florida Dcpm'tmcm of Envtmmmntal Protecdon
l:)q~rtmcnt of~M P~o~, 229S V'~oria Avenue~ S~e 3~. Foil ~ ~ 33~1. ~ ~
~g ~ ~~ ~ ~ p~ for ~ ~ ~' is ~ ~ ~!~ a ~ ~ ~ ~
~l~fi~ ~ I~. ~r~ ~ ~ P~ for ~ ~ ~ ~ ~ ~ ~' ~ ~ ~ ~
~ ~ ~ ~~L ~ !~ K ~ ~ P~ for ~ tn~ ~ ~ ~ ~ ~ ~ I
~ A~n~, S~te 3~, Foil ~, ~ofi~ 33~1, ~ ~ d~ ~ ~ ~ ~ ~ ~'
~. A ~ ~ ~ s~ ~ ~ for ~h ~o~on offs ~m ~. Wi~ ~ ~ ~
~~n~ ~on* ~ ~s c~, mon~ ~r or ~ w~c ~ s~! ~1~ ~ ~ ~
~ ~ ~ M ~ ~ ~E~~ ~o~ 229~ ~ A~ ~ ~, F~ ~
~~, ~n~, ~ or ~ ~nt (~H~ ~c~ m ~ '~ M ~ ~~ f~
bmome · paz~' to ~ prcx:~inj The pc~don must co~orm to ~= ~rc~n~ ~ ~ ~ ~ ~ (~
~ 120.~9 ~ 120.57, F.S., ~ to ~tc m a ~ to ~s p~n]. ~ ~~ ~I~ ~ ~
~ ~ ~ ~ ~ pr~i&nj offi~r u~n ~on fil~ ~t m ~2.010, F.A.C.
A ~n ~ m~6~ intercm ~ ~ ~ ~ Co~nl ~der ~ file a 6~ly ~fion for m
~~ ~nI ~ ~om 120.~9 ~ 120.5~, ~6~ Smm~ m ~ c~ Io ~ ~ia~on m m
~t~ m~ ~r ~on 120.5~3 ~tore ~ d~im for filinl a ~6on. ~in~ ~6on ~B ~ ~y
~ ~ fi~t m a ~nj ~ ~a6on d~ ~t r~t in a ~c~,C ~ pr~ for ~nj ~a6on ~ ~
f~~.
~agon ~ o~y ~c p1~ ~c Dc~cnt ~d ~l ~ ~ to ~ p~nJ ~ ~t ~a~ ~
~r~te. A ~n ~y ~c m~afon ~ r~c~nj a m~a6on a~mcnt ~& ~I ~ to ~ pr~j
(~ ~ a~ d~ ~ on ~ ~&n~i~ d~om ~ ~n~ ~~ ~ ~o~
hs ~ filed, md ioco~j it b,/rcf'crcnce.
Ch) The si&m. ir~res
~fion r~l~ in ~ement of~
a~t of~ ~. Pe~ who~ ~b~fi~ inter~ ~!] ~ ~ ~' ~h a ~ fi~ d~sion of~
~t ~ a fi~t to ~fion for a ~l o~ in ~r~ ~ ~ ~~U for ~h ~fi~ ~ f~
~ ~ m~ ~ore
~ 120.~9
~n w~H a~ly for c~lefl~flg ~ age~ o~on ~ el~ng ~i~ ~dcr ~ ~o ~.
13. In ~difion to r~fi~ i~o~, ~fldeflt s~l ~l~ ~ au~fi~ ~~ ~ ~nt
~ to ~ p~
~nt ~r ~ ~ ~ of ~ ~nt.
14. ~ pl~, appli~fio~
~t ~der ~
I~. ~ ~t ~r
~ M ~ ~nt's
~ ~ ~ ~c~nt ~ ~ ~bilifi~ w~cb ~ ~ ~m ~ ~3.161~) ~ (~, ~3.413(~,
403.727(3~), 376.302(3)
~~ ~ly or fi~lly ~ f~ law.
16. ~ ~nt
~ ~ ~nt Order.
17. ~e te~ ~d ~ndifio~ ~ fo~ in ~s ~nt ~d~ ~' ~ c~o~ ~ a ~ ~~t~on
~t M ~o~ 120.69 ~ 403.121, F.S. F~l~e ~ ~mp~y ~ ~ ~ ~s ~nt ~ s~ ~e a
~olafion ~on ~3.161(1~), F.S.
IS. The Dcpamncnt. for and in considcration of'the complct¢ and tirncl)' Performance b)' Paspond~ oftlz
~:blifations sgreed to in this Coru~flt Or&r. hercb)' ~-Lixzs its right to seck judicial imposition of damales or civil
penalties for alleged viola6ons tlu'ough the date of the filing ofl.hJs Cons~n! Order as outlined in this Consem
19. Respon6cnt is fully a~zr~ t~t a violation of thc Ictus of Ibis Cotueflt Order may subject Rc~ to
jt~icial imposition of damages, civil pcnaltics up to $10,000.00 per 4ay pcr o~'cnse. ~! criminal Penalties.
20. Enu~' of this Consent Order do~s no( relieve Respondent of the nc~! lo comply ~itb any ~cl ,,ti applicable
te4enk rote or local ~ r~:lations or or~nL'~es. '
21. The provisions of this Conscn~ Order slull apply to and be bifldin~ upon ~e paflJ~ tbciz offk:Cl~ rJ~Ir
thtoufh or for tbcm and upon those pcrso,.s, firms and corporations in active concert or participation with
22. No modifications of the tcrnu of this Conscnt Or&r shaft be cfl*cctivc until reduced to wrftinl and cxamtcd by
120.57, F.S., on the tcrflu of this Conscnt Ordcr. Re~-pondcnt acknowledges its Fight to appeal the terms of this Consent
Order pursuz, t to Section 12o.68, P.S., but ~aives that right upon signing this Cottscnt Ordcr.
24. ThJS Consent Ordcr is · flna~ order ofLhc Dcpann~m pumJ3~t to Scion 120.32(7), F.S., and ii is finaJ
~'ecth~ on the date filed with the Clerk of the lkpanment u,-tlm a P~t~on for Admin~strat~ Heaxinf is filed in
nccordan~ ~ith Chapter 120, F.S. Upon t~e t~mely filin~ ora petJ0on this Consent Order will no~ be efl'cc0~e until
FOR THE RESPONDENT
DONE AND ORDERED th/s
Ed llsch~r
Public Works Administrator
da), of September, 1997, in Fon Myer%, Florida.
STATE OF FLORIDA DEPARTMENT
OF ENVIRONMENTAL PROTECTION
APPROVE ADDENDUM III RELATIV~ TO TI~.'I~'N ~ PARK PRESERVATIO
·: 1200~ STATE GRANT AWARD ·
GROWTIt MANAGEMENT: Sugden Regional Park is compatible with the Recreational and Open Slate
EI~ of the County's Comprehensive Plan.
~ IMTACT: None at th/s time; ho~ver, Collie~ CotmtT shall re~-ive fn~m the Florida Commie,
Trust monie~ ~ ~m 720K to g.54K to be us~ for the c. onsm~oa ofSugden R~gional Park.
]IECOMMENDATION: Stuff i~ ttc. mnmmt~ ~mat the Bom/of County ~ approve the tim=-
extension ns stipulated in the agreemem and atahorize the Claairman to execute said ag~emern on the Board's
l half.
Approved by:
~ohn Durmuck, Operations Coordina o
Department of Parks and Recreation
Maria Ramsey, Director
Department of Parks andR'eoteation
Reviewed and ~ ~
Thomas W. Olliff, Atq;///fistrator
Division of Public Services
Date:
Date: kq. ~ . Cl"/
OCI
CONTRACT #
FLORIDA COMMUNITIES TRUST
AWARD #95-017-P56
ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT
THIS ADDENDUM III to the Conceptual Approval Agreement is entered into by and
between the FLORIDA COMMUNITIES TRUST CFCT"), a nonregulatory agency within the
State of Florida Department of Community Affairs, and COLLIER COUNTY ("FCT
Recipient"), this day of ,1997.
V,q'IEREAS, the parties hereto entered into a Conceptual Approval Agreement which sets
forth the conditions of conceptual approval that must be satisfied by FCT Recipient prior to the
receipt of the FCT Presen'ation 2000 award and the restrictions that are imposed on the Project
Site subsequent to its acquisition with the FCT Preservation 2000 award;
wHEREAS, the initial term of the Conceptual Approval Agreement expired November 8,
1996;
WHEKEAS, the Conceptual Approval Agreement ,,,,'as amended by ADDENDUM I to
expire May 8, 1997, and by ADDENDUM II to expire November 8, 1997;
WHEREAS, the FCT Recipient in accordance with GENERAL CONDITIONS paragraph
3of the Conceptual Approval Agreement and in compliance with Rule 9K-4.010(2)(k), F.A.C.,
has timely submitted to FCT a written request for extension of the November 8, 1997, deadline;
WHEREAS, GENERAL CONDITIONS paragraph 14 of the Conceptual Approval
Agreement states that the agreement may be amended at any time prior to FCT giving final
project plan approval to the FCT Recipient. Any agreement must be set forth in a written
instrument and agreed to by both the FCT Recipient and FCT;
WHEREAS, the parties hereto desire to extend the term of the Conceptual Approval
Agreement as provided by Rule 9K-4.010(2)(k), F.A.C.;
NOW THEREFORE, the FCT and FCT RECIPIENT mutually agree as follows:
1. Notwithstanding the language of Section I. GENERAL CONDITIONS, paragraph
3. and paragraph 14., the parties hereby agree to revive it ntmc pro tunc as though it had not
lapsed in accordance with paragraph 3.
2. In every respect, this amendment is to be construed and applied as though the
parties had both signed it before November 8, 1997.
ADDIIPO5-017-P56
9-24-97
CT 2 8 1997
Pg' , ~,
3. The Conceptual Approval Agreement by and between FCT and FCT Recipient is
hereby extended until May g, 1998.
4. The date of execution of this addendum snail be the date that the last party signs
this addendum.
THIS ADDENDUM III TO CONCEPTUAL APPROVAL AGREEMENT, ADDENDUM II,
ADDENDUM I, the CONCEPTUAL APPROVAL AGREEMENT and its Exhibits "A", "B",
and "C" embody the entire Agreement between the parties.
IN WITNESS WHEREOF, the parties hereto have duly executed this ADDENDUM III TO
CONCEPTUAL APPROVAL AGREEMENT.
~-OARD OF C(/3NTY CO~MISSIONE~$
COLLr~R COUNTY
FLORIDA COMMUNITIES TRUST
By:. By:
TimOthy L. Hancock
Title: chairman
Date:,
James F. Murley, Chair
Date:
Accepted as to Form and Legal
Sufficiency:
Date: I~ .1o..'~ '~
Accepted as to Form and Legal
Sufficiency:
Ann J. Wild, Trust Counsel
Date:
ADDIIl~.95-017-P56
9-24-97
2
[~? ' EXECUTIVE SUMMARY
'rm CO C SS O
< ' ~ATE AQUATIC FACILITY.
~._9~,,~13~: That the Board of County Commissioners terminate the agreement with Ocean State
· Lemonade for concession services at the Golden Gate Aquatic Facility.
CONSIDERATION: On February 13, 1996 the Board of County Commissioners entered into a five ).ear
agreement with Ocean State Lemonade for "Food Vending Cart Concession" services at the Golden Gate
Aquatic Facility. The terms of the agreement included 16% of the total gross revenue or $400.00 / month
during season (5/28-9/15) or $300.00 / month during the off season (9/16-5/27), whichever is greater; thus the
County would receive a minimum of $4300.00.
On March 4, 1997 a letter was mailed to the vendor advising that the previous two payments were late and that
the vendor was not fulfilling the agreement. The vendor did not submit a written response. Recently, the
department received correspondence from the vendor requesting termination of the agreement as the
performance of the last eighteen months has not met the vendor's revenue to sustain operations even though the
facility recorded the most visitors in its history.
The lost revenue from terminating the vendor agreement would be recovered through increased revenue in the
vending machines on site in which the County receives thirty percent of gross revenue.
~ROWTIt MANAGEMENT: None
~COMMENDATION: That the Board of County Commissioners terminate the agreement with Ocean State
Lemonade at the Golden Gate Aquatic Facility.
PrepareA by: ~ _~.-~~~
Mm'do Smith, Recreation Manager
Department of P~,ks and Recreation
arla amsey, Dire ./_
Department of Parks and~,ecreation
Steve Camell, DireCtor
Department of Purchasing
Thon~a? ~r. blliff, X~aistrator
Division of Public Services
Date //) -' [5' --q")
OCT 2 8 1997
: The revenue received into General Fund, Golden Gate Aquatic Facility, Concession Fees
- 56313-347908) from the concessionaire, October 1996 to September 30,1997, was approximately
$4,300. Revenue in the amount of $4300.00 is currently anticipated from the concessionaire in FY9$;
however, may be recovered through additional vending machine revenue at the facility.
EXECUTIVE SUMMARY
SEEKING ENDORSEMENT OF A GIIANT PROPOSAL IN CONJUNCTION
WITH THE COLLIER COUNTY HEALTH DEPARTMENT, NAPLES
COMMUNITY HOSPITAL, COLLIER HEALTH SERVICES, INC., AND TIlE
MARION E. FETHER MEDICAL CENTER FOR TIlE STATE PRIMARY ~
CHALLENGE GRANT
OB,IECI'IVE: To use grant funding to provide indigent health care through a more
coordinated community based approach.
CONSIDERATIONS: In 1997, the Florida Legislature created the "Primary Care for
Children and Families Challenge Grant Act". The program was enacted to encourage
local communities to develop better coordinated systems to deal with indigent health
care, which is a growing issue across the state. The initial grants will be issued for a six-
month period from January 1 through .lune 30, 1998 and only counties are allowed to
make application. Following this first six-month period, grants will be awarded on an
annual basis. A minimum of four grants will be awarded for the initial period with an
anticipated maximum amount of $125,000 per award. A 50% match is required, of which
half can be "in-kind", and half being a cash match. The county is not being requested to
cover cash or in-kind match.
Because indigent care in Collier County is provided primarily by the local not-for-profit
private hospitals and clinics, and through contracts administered by the Collier County
Health Department, these agencies have taken the lead and worked together to prepare the
required project proposal on behalf of collier county. Should the Board approve the
submission, it will be submitted by a required due date of November 3, 1997.
This proposal focuses on primary care service delivery system for indigent adults. It also
provides for supportive components to strengthen the current pediatric and obstetric
GROWTH MANAGEMENT IMPACT: None; although a health element was an
option allowed by the initial Growth Management act, it was not required and such an
element was not submitted by Collier County.
FISCAL IMPACT: $250,000 in grant funds are included in the grant request. The cash
match required under the grant letter of intent as proposed would be $50,000. Of that, the
agencies involved would provide the full cash match and the in-kind match portion of the
proposed application.
140 o~
o CT 1997
~,g. / _
RECO~ATION THAT THE BOARD OF COLLIER COUNTY
COMMISSIONERS, endorse the grant proposal to be filed by the County in
conjunction with the Collier County Health Department, Naples Community Hospital,
Collier Health Services, Inc., and the Marion ~ Fethe~ Medical Center, authorize thc
Chairman to sign the letter of intent for forwarding to Tailahassee by November 3, 1997.
Tom Olliff, Pul~li~rvices Administrator
2
OCT 2 8 1997
OUTLINE
I. Project Description/Target Population to be Served
A. Provide an overall description of the proposed project.
The goal of this proposed project is to enhance the existing system of providing primary medical
care to the poor and "near poor" in Collier County. The county's network of providers has made
a creditable contribution to providing indigent health care in the rural center of Immo~ce. In
Naples, the largest city in the county, however, such health care is nascent. Portunately, this
project has one overriding asset-the associated network members are committed to its
accomplishment
For the purposes ofthls project, children and family health is divided into the three program -
areas of women's health, pediatric medicine and adult health. Because of historical priorities and
availability of funds, the most significant progress to date in the county has been made in women's
health and pediatrics. For that reason, the new program efforts for those two specialties will be
directed to important refinements. The basic work to be done will be to establish an easily
accessible source of primary health care for poor adults in Naples.
Women's Health
Collier County can rightly be proud of its programs for pregnant women. During the past several
years Collier Health Services, Incorporated (CHSI), a'private not-for-profit health care
corporation with clo~e partnership with the Collier Count'y Health Department and the Naples
Community Healthcare System have developed a prenatal management system tha~, according to
most statistical indicators, is the best in the area and equal to any in the state. Data reflective of"
Iow birth weight infants," "very low birth weight infants" and infant mortality are excellent by
comparison to other counties and continue to improve annually. Collier Health Services, which
now manages nearly 2/3 of the county's pregnancies twery year has made state-of-the-art prenatal
care possible for women of all income groups. CHSI has brought high-risk pregnan~
management on-site to its clinical sites in Immokalee and Naples, as well as providing ultrasound,
and non-stress testing (fetal monitoring) at both locations. Furthermore, CHSI and the County
Health Department are close partners in preparing women for motherhood. With the County
Health Department staff as the "care coordinators" and CHSI the medical providers, funds
obtained through Healthy Start are used to employ start'to teach parenting, childbirth, nutrition,
breast feeding and offer psychosocial counseling. The missing part of an ideal prenatal plan is
delivery. While CH$I prenatal patients are delivered by some of the pro-eminent physicians in the
county, those patients do not know who will deliver their children. They are delivered by the
doctor on call for delivery who more than likely will not have seen them prior to the delivery.
This delivery arrangement and the potential for untoward events, including uncertainty on the part
or'the mother has engendered the enhancement to the women's health program. Collier Health
2
Services will modify its program to ensure aa much aa possible that the clinician managing a
patient's prenatal care will deliver her child. That will be accomplished by hiring into the
company, obstetricians and nurse midwives who will have or obtain hospital privileges for
d~livery. No grant funds will be used for the hiring ofthesc clinicians but their salaries and
benetlts wilt be included as part of the local match. The partners of the applicant network are
satisfied that this program improvement will result in healthier, more well adjusted mothers and
ltd'ants.
pediatric Hearth
The 1996 founding of the Children's Health Network, a group of pediatric medical providers,
marked the b¢ginning ora real possibility for high quality pediatric care for all of the children of
Collier County. The stated mission of that group is "to ensure that every chiM in Collier County
has a medicalhome." Additionally, the Network has an agr~ment with Miami Children's
Hospital to provide specialty care for Network patients. The group includes Collier Health
Services locations - the Marion E. Fether Medical Center in Irnmokalee, Cng/'shore Medical
Group at the Collier County Government Center, the East Naples Medical Center, and the private
pediatric offices in Naples, Marco Island and Golden Gate. The new offices have begun with
great success and should have considerable impact on indigent pediatric care. However, there
continues to be one facility that is inundated with poor, sick children, that is the pediatric clinic at
the Government Center. That clinic, managed by CHSI since 1995 continues to be known as the
"health department" and is the repository for referrals of all :ick children whose guardhns have no
method of payment. The results are long lines and long w~ts. Most of the children coming to
that practice are ill and are not compliant with return appointments for well child physicals and/or
immunizations. Also because this is the location of the former he~Ith department children's health
clinic, many children are brought there to have th~4r immunizations updated-they never intend to
bot,.omc active patients. The health department had alleviated a great burden on the primary care
s~affby conducting immunization clinics for non-patients of the pediatric practice.
The enhancement to the county's pediatric program will be increased support of the children's
health program at the Government Center practice. This will require the hiring of a full-time
pediatrician or pediatric nurse practitioner. Again, this will be accomplished without grant funds
and will be considered part of the local match. This enhanceznent will allow for an additional
4000 appointments and will permit augmented follow-up of those children in need of medical
management.
Adult Health Naples
The adult health program in Naples is the focus of this application and will receive all of the grant
funds awarded. In 1995, Collier Health Services contracted with the County Health Department
to operate its adult health program. That program serves about 150 adults under the age of $5
who are afflicted with chronic diseases such as diabetes, hypertension and heart disease. The adult
health clinic also treats patients diagnosed with or contact to STDs and adults with acute illnesses
who have no financial resources, and thus no place to go. ViSually none oE'the patients scrod in
the adult h~Ith program has insurance or is able to pay ~o~ med~ ~c or ~o~ pha~ut~s.
~e Coun~ H~th Dep~ment m~t~ns a pha~ at the Gove~ent Center w~ch
~s~ori~y h~ pro~dcd m~ons "~at~s' to adult h~lth patients. ~le b~lls =e prepared.
~ ~ gmo~ n~er p~d. B~e ofthe lack o~any r~enue to suppoa pro~
CHSI ~ pro~de a physl~ o~y 16 ho~ ~ w~k. ~ i~d~uate ~ t~s pro~
~y the o~y ~urce of pdm~ ~e ~or iMigent adul~ ~ Collier County.
paflen~ ~e re~e~ed to ~at pract[~ when the fact of their ~digen~ is dis~vered.
~th the resour~ nc~ss~ to operate the ~stlnS pro,am ~d no ~come real,ed, no
~p~gon c~ be ~gcipat~.
~e intend~ u~ of S~t ~nds for t~s pro~t ~ be ~e development of ~ adequate adult
h~ pro~ ~ Naples. ~at ~II req~rc ~dns a ~-~e ph~ci~ who is ~d
inte~ m~icine. A n~se practitioner ~ot ~ us~ in t~s position b~use of the
p~nde~ ofc~o~c disuse patients, ~y r~ui~g ad~ tec~qucs. ~e ph~
~I1 have or will obt~ admitting pd~leges in the Naples Co,unity He~e Syste~ To
~sist ~c p~ci~, nursing ~d cleri~ sea, will be ~r~ as well. ~e ~[ patients wU[ qu~
for a~ssion to t~s pro~, the large number of applic~ts anticipated when ~mp~cd to thc
a~lable appo~tments ~I1 r~uire a method of selection by priority. The priorities ~ll be as
foUows:
1. Chronic Disease Patients with Acute Illness
2. Chronic Disease Patients
3. Non-chronic Disease Patients with Acute Illnesses
4. Others
At present, only two examination rooms are available to serve adult patients. With the enhanced
program, considerable additional space will be require to manage the patient volume. Spa~e will
be rented at another location to conduct the adult health program three days per week. The other
two days will be used for the enhanced women's health program. P..ental tees i'or the two days will
be paid by the applicants as part of the local match.
Chronic disease patients require constant follow-up to ensure their compliance in taking
medications and in keeping medical appointments. Many chronic disease patients also rcquire
specialized education in order to prevent complications associated with their diseases. For
example diabetics need specific instruction in nutrition and in foot care as amputations are a
significant risk of diabetes. The Collier County Health Department will be provided with grant
funds to hire appropriate staR'to educate and assist the chronic disease patients. Those
educational sessions may be accomplished in classes or in individual encounters. They may be
performed in the clinic or at the patient's home.
Laboratory support for this program will be provided by one of two sources. The program will
cndeavor whenever possible to obtain free laboratory service from thc Florida state laboratory.
! 0CT 2 8 1997
4
When that is not possible, patients will have laboratory specimens obtained in the adult health
department and sent to a cooperating local laboratory.
Ail :ec. orda' data, and reports will be the responsibility of the adult health program staff.
B. Provide a description of the under strved Potntlatlon.
The underserved population (for health) in Collier County fits an histodcally well-defined profile.
They are poor, but for a vaxiety of reasons such as immigration status or living situation do not
qualify for Medicaid. Perhaps as many as 2,000 ('ma year's period of time) are migrant or
seasonal farm workers who only p~odically qualify for szsistance. They live in four areas ofthe
County, in Immokalee, near Bonita Springs, in Golden Gate or in the "Fast and South Trail."
Probably $CPA of the. m are Hispanic, many Guatemalan Indians. Virtually none has any employer
pwvided health insurance, and few are able (or willing) to pay health care bills. Many ofthe
children come from single parent families. Of female-headed households in Collier County, 33%
live below the poverty level. They do not avail themselves of health maintenance as most of'them
present for acute illnesses and do not return for scheduled well child follow-up The adult
population is characterized by unemployment or underemployment. Many work in service jobs
without health insurance or with low enough pay that the health insurance is not an option.
Adults with chronic illnesses in Naples are dramatically underserved. At present, the CHSI adult
health program at the Collier County Government Center is the only source of primary care and
health maintenance for those people. At present, the CHSI ad'alt program is able to offer ongoing
care to only about 150 patients who are chronically ill with diabetes, cardiovascular disease,
hypertension, and others. Virtually none of'these patients makes any payment of any kind for
medical care or pharmaceuticals.
C. Provide an estimate ofthe number of'persons needing service.
As many as 3,:500 need the primary health services to be offered by this project. Fourteen
hundred of them are pregnant women who will be delivered by the CHSI obstetrical/midwife staff.
Another 1,500 are poor children who at present do not have mMic, al home. Another 600 are
indigent adults who either have a chronic disease and need ongoing medical management or will
suffer an acute illness in the next ),ear but will be unable to be accepted as patients by private
practitioners in Naples because of their financial status.
D. Describe the specific services needed.
The following services are needed by the underserved people in Collier County:
IF'omen '.~ Health
delivered by
!. !,400 pregnant women whose prenatal care is managed by CHSI need to be the~
same clinicians who provide their prenatal care.
2. Family planning for CHSI patients in Naples needs to be enhanced.
Pediatrics
1. C.n'eater acc~-~ to pediatric cage needs to be &vailable to more poor children in lqaples.
2. Well child manase, xnent for poor pediatric patients in lqaplca needs improvement.
3. Childhood immunization levels ne-d_ improvement
Adult Health
1. Poor and near poor adults in Naples need a source of primary medical care.
2. Adult chronic dlseas~ patients need assistance in ~e management oftheh' diseases.
E. Indicate the xpecific number of people to be ~erved through this project.
H. Health Benefits to be Provided/Schedule of Benefits and Service~
A. Provide a description of what se~ices will be provided by completing and inserting
Attachment I.
B. Provide a description of how eligibility will be determined, by whom and how the required
co.paFnent will be handled.
Eligibility for primary care in women's health, pediatric and adult health will be detea'tnined
according to the extant CHSI financial eligibility ~ystem. All patients axe considered to be eligible
to receive services. Patient~ who have public or private izxsu, rance will have those third party
payora billed for medical care. All other patients wa'Il be respon$~le for payment ofthdr bills. All
CHSI provider sites have a sliding fee available for self-pay patients. Financial ellgib~ty ia
determined by the registration staffwhen the patient registee$ for service. The staff collects and
verifies financial ~tatus data which is the entered into · computer database. Support doculzw, l~
such as rent receipts, receipts for child care and payroll ~tub$ axo required ('tf th~ axe not
provided, the patient is placed in the highest payment category until the documents are
forthcoming). The computer program calculates the patients payment r, atus and the required co-
payment. A co-payment may be waived only with the ~ssent of the office manager.
C. Provide a description of how fees will be determlned and a~exsed.
Collier Health Services, Inc. is a Federally Qualified Health Center (FQHC) and as such has its fee
schedule for Medicaid determined according to · formula that ia reviewed and renewed annually.
The fee is baaed on the cost of a "bundle of services" including medical care and other costs borne
by the provider such as transportation, translation, social r~nAces, laboratory chaxge$ and other~.
For non-Medicaid patients, fees are det~e.A annually by the finance department and ratified by
0CT 2 8 1° 97
_?.:._,_ :7
the company's board of directors. The calcuhtions ar-. based on a formula tlut includes operating
costs, financial losses, revermes collected and others. The current market valuo of services in the
current medical environment also plays an important role Lq the dctermLqation of fees. As aa
FQHC, CHSI has a sliding fee sc. ale available to all patients. That scale is determined annually
according to federal poverty guideilnea. The sliding fee scale 'slides" ~t differing rates for vlu'ious
services. For example, the pharmacy charges can only slide down to a predetermined floor
because of the cost of pharmaceuticals. All fees are assessed according to the sliding fee formula
and are applied equitably to patients being served. A minknum charge, again based on fmancig
qualifications, is billed to all patients. Historically, in the CHSI patient population, many bt'Ils are
not paid. Ii'the patient does not pay at the time of service, a bill is mailed to the patient's address
of record. Many of these bills go uncollected.
IH. Hospital Inpatient Services.
A. D~crlbe the mechanixm to ensure access to hospital care for ,orlmary care patlents.
All patients requiring hospitalization will be admitted to the Naples Community Healthcare
System CNCHS) either at the Naples Community Hospital or the North Collier Hospital. As part
oftbe program to enhance women's health services, CHSI will be employing obsteuicians and or
nurse midwives who will have credentials to perform deliveries at North Collitn' Hospital, the only
hospital in thc county pe.d'om~g deliveries. Six of the CHSI Children's Health N~work
pediatricians already have credentials for hospital privileges in ',he Naples Community Healthcare
System and are already admitting children. The family practice physician that will be hired as part
of the adult health component of this project will be required to have or obtain privileges in the
NCHS, The hospital will agree to admit all patients referred by CHSI Children's Health Network
physicians. The NCHS will bill patients according to their usual procedures but will not refuse to
admit any CHSI Children's Health Network patient based on ability to pay. None ofthe financial
resources derived from this grant will be used to pay for inpatient hospital care.
IV. Proposed Service Network.
,t. Descrtbe and ltst the members of the proposed health care services netw°rk'
The proposed service network is one that has existed informally as a partnership for many years.
Two of the members, the Collier County Health Department and Collier Health Services, have
cooperated on projects and programs for the past 20 years when they were located in the same
facility in [mmokalee. Today, the partnership continues as CHSI provides primary care services in
women's and adult health, pediatrics, and dentistry at the health department in Naples. The two
organizations also work together in providing healthy start programs to pregnant women and
infants, on immunization activities and the follow-up diagnosis and treatment of conununlcable
disease patients. Collier Health Services has a more recent history in collaborating with the
Naples Community Healthcare System, but that union has served well the poor people of Colller
7
County. The hospital system was instrumental in helping to provide community support to build
the CH3I Marion E. Fether Medical Center in Immokalee and aided in the creation of the
Children's Health Network. That network, one of the newest organizational panners, is a family
of five (5) pediatric practices dedicated to ensuring that every child Lq Collier County has a
medical home. Two of the areas pre-eminent pediatricians are among the founders of this
network. Adult patients axe not neglected by the network. The Senior Friendship Center
provides primary medical care (and a plethora of'social and other support services) to people with
health needs who axe over 65. Staffed primarily with volunteer physicians and staff, the Senior
Friendship Center fills a vital gap in the provision of health care. The new Florida Cult'coast
University is the newest member of'the network but promises to add an important component.
The predecessor of the University's School of NursLqg~ then part of the Univenity of South
Florida, has worked with CHSI and the County Health Department for several years conducting
community re.search to assist in the planning of public programs. There promises to be
considerable need for the University's expertise in reviewing progress and defugn8 future needs
for this proiect.
B. Ir~cale the contributions to the network that each member represents b,v completing and
inserting ~t#achmenl 2.
C. Describe how members will coordinate services and what mechanisms will be used to
ensure that network members work together. (E.g., sharing of medical records,
communication mechanisms etc.)
Communication and coordination of service will be managed at three levels:
In daily operations information will be shared electronically via a local network that is in place
and operating. Referrals will be developed on templates and communicated to the receiving
agency by this system. This will save the need for creation ofmuhlple copy forms and the
time of transmission. Other information such as requests for medical summaries and birth
status records will be transmitted in the same manner. Medical chart information (such as
prenatal records) will be managed according to established protocols. Ail of the network
members have personal computers that are adequate for the communications system and the
electronic linkages are simple to achieve.
Data on progress of the project will be shared among the members of the network monthly by
the electronic communications system. A data set, agreed upon by all of the members will be
completed by the appropriate agency representatives and forwarded as electronic messages.
3. Not less than quarterly, supervisory members ofthe various network members will meet to
discuss progress and needs.
V. Cost Effectiveness.
A. Describe how cost effectiveness will be measured (e.g.. reduced hospital emergency room
0 C T 2 8 I997
8
visits, lower hospital admission rates, etc.).
The cost effectivet~ess or'this project will be deterrr~eg by calculating savings in ,:~taln health
care costs engendered by project activities. The basis for calculating those savings will be
different for each of the three program components:
1. ~- The cost benefits ~ be reduced costs for: false labor visits to the
hospital, emergency deliveries, premature deliveries and high-risk infant caxe.
2. P_cdr~ - The cost benefits will be reduced costs ['or:. unnecessary emergency room
visits, treatment {'or vaccine preventable diseases, late treatment o['developmental problem~.
3. ~- The cost benefits will be reduced costs for. hospitsl treatment of the effects e-+'
diabetes, unnecessary emergency room visits and reduced visits for chro~c dis~ with
lapses in maintenance.
VI. Patient and Provider Satisfaction.
~. Describe the process to be used to meca'ure patient and provider satLcfaction.
Patient satisfaction will be measured by quarterly patient satisfaction surveys, monitoring and
evaluating patient complaints and grievances, periodically randomly interviewing to identi~y
program performance and patient relations problems, and solicit help in identifying methods for
th e'u' resolution.
Provider satisfaction will be closely monitored through staff meetings and the quarterly combined
program supervisors' meeting.
B. Describe how pat/ents will be informed ~bout service availabtlio, and their applicable
rights.
Patients will be informed about the program through each el'the network members and through
other community networks. The project staffw01 produce and publish pamphlets in three (3)
languages to explain the program, eligibility and the method ofem'ollment. Patients rights
posted conspicuously at all CHSI sites. The pamphlet that describes enrollment and eligibillty will
give a bullet version of patients' rights for the project. CH$I and the Ch]lch'en's Health Network
have a marketing strategy irt place. It will be simple to add the advertising to that strategy.
Furthermore, the health department field nursing teams can dissem~te pamphlets and word of
mouth advertising in the course oftheir daily activities.
VII. Internal Quality Assurance.
0 C! 2 8
_ ..:?::,,/o -_
9
~4. Describe the proce~ to be used to enrure internal quality a.t, rurance.
Quality assurance for the components of this proiect will be managed by the organization
responsible for its operation. For example, the NCHS will manage in-patient care according to its
internal quality assuranc~ program. The County Health D~pnment will apply its internal quality
assurance program to patient follow-up, communicable dlsea.~ manag~'aent sad Healthy Start
activities. The primary focus of this project however is the provision of primaxy care by Collier
Health $~vice. s, Inc., which will be responsible for the quality as.susranc~ of that program. CH$I
has a comprehensive quality improvement program that has be~n an integral part of the
company's program management since 199:5. There is a Quality Improvement Committee that
meets every other month to review progress in me~tlng quality objectives. The committee has
subcommitteea in Medical Records, Risk Mat~g~ent, Utilizagon Review, Pharmacy and
Therap~tics, gtaffE~elopmeat, Credentialing and Ird'~'tious Disease Control. As part ofth~
QI peer review process, all medical providers have 20 charts rtMewed monthly by medical
This same system rill be applied to activities accomplished according to this grant.
VIII. Health Status Outcomes.
,4. Describe the projected health status outcomes for the patients served.
Many of the health outcomes resultant from this project will bc immediately noticeable while
others will accrue ovcrQme.
~ - With greater involvement of prenatal providers in the birthing process, we
anticipate a general improvement in birth and health indicators such as reduction in low birth
weight infants, fewer premature deliveries, reduced postpartum depression, and greai~r
compliance with postpartum medical guidelines.
~ - Greater access to pediatric care will produce fewer instances of neglected
developmental disabilities, improved patient asthma management, ea~iier attention to hearing and
vision problems and early resolution to problems requiring specialty care.
ddt/,//-/:~,~- An adequate adult health program will engender: reductions in sexually
transmitted diseases, d~reased dilatation from dlab~es such as blindness or loss of limbs,
decreased morbidity in the population s~rved for stroke and myocardial infarction.
LX. Data collection System.
,4. Describe the Of~e of data that the proposed project could report to the Department of
Health.
This project could make a considerable amount of information to the Department that would
OCT 2
IO
prove useful in program evaluation and planning for future efforts. The Collier Health Services
Patient I~ormation System is a comprehensM' database that stores all patient-related
demographic, financial, medical and ancillary service data. Demographic data routinely recorded
are age, race and ethnic group, sex, primary language, slze of household, and residency status.
lqnancial information includes type of payment (Medicaid, insurance, self-pay) salary, ~ancia]
cornmhments, cha~ges and unpaid balances. Medical data encompasses (for every visit) chief
complaint, diagnosis, laboratory tests and results, vital signs and medications. Databases for
ancillary programs such as follow-up, diabetic education and others need to be developed.
B. Describe the envisioned reporting frequency and degree of avctflability of data.
('Minimum data set will tnclude patient demographics and service provision detatO.
Because this int'ormation resides on a computerized database, the frequency off, porting would
not present any problems. Probably to b~ or'real value in maaagement, reports would need to be
produced monthly.
X. Local Resources/Budget Inrormat|on
,4. Provide budget narrative detailing andjustifying proposed expenditures.
Budget Narrative and Detail
Personnel Services and Benefits
SlSO,O00
Physician (one FI'E) (CHSI)
($1oo, ooo)
A physician, board certified in internal medicine will perform all ofthe medicaJ duties required by
the adult health program. The physician will order diagnostic tests, conduct diagnostic
evaluations, order medication and maintain documentation in the medical record.
Nurse (RN) (one FTE)(CHSI)
The RN will manage the adult health program and provide skilIcd nursing support to the
physician. She will obtain laboratory specimens, ad.'::,l:'2~er treatment, teach the patient about
medications taken and will prepare medical and nur-,.ng data reports.
Nurse (RN) (one FI*E) (Collier County Health Department)
A nurse will be employed by the Health Department to ensure patient compliance with medication
Agenda. I~e~ ..
OCT 2 8 1997
11
and medical appointments and to educate chronic disease patients regarding disease management.
Cledc (one FI (CHSl)
(s s,ooo)
An experienced clerical sta~member will be require to provide support to the program. The
clerical staR'member will register patients [for service, schedule appointments, determine financial
elig/bility, send reminder notice, post laboratory results snd perform other miscellaneous duties.
Laboratory S20,000
Funds are requested to pay for diagnostic laboratory tests. Attempt s will be mm:lc as appropriate
to obtain free testing at the Florida State Laboratory. However, not ali tests are available ~rom
the state. Laboratory services will be obtained from a licensed local laboratory.
Equipment SlS,000
Resources are required to purchase new medical and office equipment with which to furnish the
adult health department. Examples o[fequipment needed are a centrifuge, autoclave, copy
machine, examination tables, glucometers, and audiometers.
Supplies S$,000
Medical and office supplies will be needed to operate the practice. Examples include syringes,
cotton bails, alcohol, vacutainers, swabs, exam table papers, paper clips, staples, copy paper,
toner, and stamps
Rent S30,000
As described in the narrative, the adult health program does not currently have adequate space at
the Government Center. Any program enhancement will render the situation impossible. The
program will rent space that is adequate for the performance of the program and convenicnt to the
patients.
TOTAL $250,000
B. Describe and document the require match. Complete and include Commitment of
Donation/Match Form (Attachment #3).
C. Complete budget forms (attachments 4 and $) and tn~ert after outline componen~
Agenda. I~tcn
OCT 281997
ATTACHMENT I
Type of Se~ce
(e.g., acute care,
oqagnosflc
laboratory,
diagnostic x-ray,
family planning,
Immunizations,
dental, pharmacy)
Irth Deliveries
Pediatric Primary
Care
I. Adult Health
Primary Care
Schedule of Benefits and Services*
Location
North Collier Hospital -
Naples
Collier County
Government Center
Marco Island Pedlatdcs
Golden Gate Pediatrics
Naples Pediatrics
Collier County
Government Center
(and)
New Adult Health Olnic
Location
2. Chmnlc Disease
Follow-up and
Education
* Reflects new prelect activities only.
Provider
CHSI
CHSI
Children's
Health
Network
I. CHS!
2. Collier
County Health
Department
Addltlonat
Information
Delivery of CHSI
prenatal patients.
Enhanced pediatric
)mgram.
OCT 2 8 1997
ATTACHI'4ENT II
Project Provider/Partners/Contributors
~er/garmer/Contffoutor
Collier County Health Department
Coiller Health Services, Inc.
INaples Community Healthcare System
Senior Friendship Center
Children's Health Netwo~
Collier County Rural Health Network
Floflda Gulfcoast University School of
Nursing
De~pt~ of their Contribution to Project
· Heathy Start Care Coordination and
Teaching
· Chronlc o'L,,ease patient Management ·
, Public Health Pharmacy
Program Analysis and Evaluation
Childhood Immunizations
Prenatal Care
Dellvefles
Adult Health Primary Care
Hospital Adml~on
Patient Management
Hospitalization of Patient
Program Support
North Collier Women's Health Pavilion
(deliveries)
Primary Care (adults over 55)
Social Service Support
Recreation
Pediatric Primary and Inpatient Care
Childhood Immunlzatlon
Well-Child Care
Access to Spedalty Care
Program Coordination
Planning
Access to Specialty Care
Communlty Health Research
Planning Assistance
-Agende, ]Jam ~
0 CT 2 8 lg 7
ATTACHHENT I!i
Commitment of Donation/Iv[arch
From:
Address:
Collier County Board of Commissioners
Collier Health Se~ces, Inc.
1454 Hadlson Avenue
Imrnolcalee, Florida :~4142
The folloWing cash, space, equipment, goods/supplies, and/or personnel se~ces are
donated to this project.
Contrlbutlon Description and Ba~ for Valuation *P/i' Value
Cash $50,00
Building Space $
Equipment $
Goods/Supplies $
Personnel Serdces Obstetricians/Nurse lvgdwtves (3) $3 I0/000
TOTAL $360,000 _
The above donation(s) ls not currently Included as a cost (either direct or matching) of
any state or federal contract or grant, nor has It/they been previously purchased from or
used as match for any state or federal contract.
(Donor Signature)
(Date
* Indicate P if the donadon Is permanent (title pa~ses to the prelect) or T if the donation
Is temporary. If the donation is temporary, please lnoqcate the duration In the
description.
0 CT 2 8 1~g7
ATTACHI'tENT !11
Commitment of Donatlon/lVl~tch
From:
Address:
Collier County Board of Comml~oners
Collier County Children's Health Network
The following cash, space, equipment, goods/supplies, and/or personnel services are
donated to this project.
Con~bution Description and Basis for Valuation. *P/l' Value
O_~h $ .....
Building Space $
Equipment
Goods/Supplies $
Personnel ServicesPedlatdclan (1) $120,000
TOTAL $120, .0~0
The above donation(s) Is not currently Included as a cost (either direct or matching) of
any state or federal contract or grant, nor has It/they been previously purchased from or
used as match for any state or federal contract.
(Donor Signature)
(Date
*Indicate P ir the donation is permanent (title passes to the project) or T If the io,~a~'-~da ]-- '
Is temporary. If the donation Is temporary, please Indicate the duration In the ,~~~
descrlptlon. | 0 CT 2 8 1~97
, ~.~~
OCT 2 8 1997
> ~
ATTACHMENT 6
Signature Form
Plea.se recreate this form to document community havolvement and obtain signatures ofthe panners who are
commkt~d to this project. The categories list~ below are examples. The signature of the county
government authorizing official is required. If a multi-county application ts submitted, the signature
of each county government authorizing oi"ticlal ts required.
My $lgnaturz tndlcate$ that I have had ~ tn the cItvelopment of the Prtmary Cart for Children and
Famllt~ Challenge Grant Program. I haw revte~+v,d and approved thl$ appt~carto~t
County Government Authort_,i~g Officttl
Date
Primary Care Health Care Network Partners
Nam, me Signet'u. rc
Date
Name Signature
Date
Date
Name Signature
Hospital Inpatient Partner(s)
Name Sisnat',tre ' Date
Specialty Care Referral Partners (volunteer organizations, individual providers)
Name Signature
Date
Name Signatwe
Other Health Care Partner(s)/Community Individuals/Agencies/Coalitions
Date
l',larne Signature
Signature
Date
0 CT 2 8 1997
PRIMARY CARE CHALLENGE GRANT PROPOSAL OCTOBER 17, t997.
BOARD OF COUNTY COMMISSIO~
FOR COLLIER COUNTY, FLORIDA
SIGNED:
Date:
Tim Hancock, Chah-man
AT~.Sr:
DWIGHT F,. BROCK~ CLERK
Approved as to form and
legal suilldency . (-~
/\
Mdlxm Va~q~ez ~
Assistant County Attorney
DATE:
David Welget, County Attorney
I
OCT 2 8 1997 !
AWARD RFP 97-2668, PURCHASE OF AMBULANCE BILLING SOFTWARE.
OBJECTIVE: To increase the efficiency of the ambulance billing process
through the integrated processing of medical and billing data.
CONSIDERATIONS: The EMS Department responds to more than 25,000 calls
annually, including more than 15,000 billable trips. Data are initially collected in
the field manually and forwarded to EMS headquarters where they are scanned
into a non-relational data base (purchased in 1989) and supplemented with
additional data. Billing data are subsequently keyed in by the Revenue Services
Department into a separate, non-integratable software solution.
As the system continues to grow, the existing automated solutions are
increasingly less efficient and effective in facilitating the missions of the EMS
and Revenue departments respectively. The present medical data solution is
severely constricted in its ability to retrieve data from prior fiscal years. Neither
solution can be readily modified to comply with current and future mandated
changes to reporting requirements (as a case in point, the current billing solution
is not capable of forwarding Medicaid reimbursement requests electronically,
which in the coming months will become a mandatory pre-requisite for submitting
such claims). Perhaps, most significantly, the two existing solutions are not
integratable, thus requiring many of the data to be manipulated two or more
times into separate, stand alone systems.
In order to overcome these challenges, both departments have researched the
costs and benefits of acquiring replacement solutions, including buying a single,
consolidated solution or acquiring separate, fully integratable packages.
Accordingly, a Request for Proposals was developed by the Purchasing
Department in conjunction with the Information Technology Department and
notices forwarded to 71 vendors. On May 30, proposals were received from four
firms. In reviewing the proposals, the selection committee determined that two of
the four proposals did not meet the County's technical requirements. Of the
remaining proposals, the committee ranked the proposal from Sweet Computer
Services Inc., as the overall number one offer. The full proposal included two
integratable software packages (billing and medical data processing
respectively).
Staff has reviewed the Sweet proposal and recommends purchase of the billing
product, in addition to the software, the Revenue Department will need to
purchase a file server to operate this and other (sl:'=~- '-'~
applications. With regard to the medical data solution, staff does not recommend
making this purchase, but instead intends to process the medical data through
the use of an Access database in tandem with the department's existing
electronic bulletin board. Under this concept, data would be collected in~
and electronically transferred to the billing software. Under this configuration,
processing time for collection and retrieval of data would be reduced
considerably. Also, the billing software vendor would be responsible for ensuring
that their software remains concurrent with prevailing Medicare and Medicaid
reporting requirements.
The vendor has requested that the County sign its licen.'~e and service
agreement. Staff has negotiated changes to the documer~t, which are highlighted
in the attached version and have been reviewed by the County Attorney's Office.
~: Costs associated with installing the proposed billing solution
are estimated to be $41,400. This includes the total contract amount and the
software and hardware upgrades needed to operate both applications together.
Funds in the amount of $15,000 will need to be appropriated from the Revenue
Services Department's carry forward (510- ~933o).. The balance of the funds will
need to come from EMS reserves (490-919010) via a budget amendment.
G NA EMENT IM ACT: N/A.
~: That the Board of County Commissioners award RFP
97-2688 for the purchase of the SweetSoft Acclaim billing solution in the amount
of $22,975, approve the ~ bLdg~ ~ and authorize the
Chairman to sign the attached license and service agreement upon receipt of
signatures from the vendor and the County Attorney's Office.
PreparedBy: -.~~'~' ~['~'"'~ Date:
Steve Carnell,
Purchasing/General,.S,ervices Director
'
Reviewed~B,:' .~. "'v'-%~~.~r'~'~'',. Date: .
Reviewed By: '~¥ ~ Date:
-Diane' Fla!~g,
EMS Director
Bill'Coakley. IT Director
/ '
Leo Ochs Jr.. Ad//Jnistrator
Support Services
', · '-) ./,'" !
28 199'/ I
SWEET$OFTr~ LICENSE AND SERVICE AGREEM'ENT
DEF~T~ONS
e"Progrnm" or 'Trogrnms" mcans the version of the computer programs owned or distributed by Sweet Computer Services, Inc.
('$weerSo/~ ne) s~cified on ~= at~hed ~eetSo~ ~ Sdc~ Order Form or o~hcr or~=~ d~mcnt. ~ objcct code form: nny
~cr ~idcs, m~tuals or ~=xionnl ~amrinls ('D~ent=fion'), if a~y, provided ~
or Devel~men~ provided by ~ee~S~ ~.
· "D~ignntcd H~dw~re" me~s the s~gle CPU or s~gle network, i~entified by ~e telcv~t model/~e
~cificd on ~e ~ched S~eer$o~ ~S.les Order Form.
e"User" me~ ~e Cus~mer i~ent~fied on ~e .tt,ched $~'eer$o~ ~ Snl~ Order Fo~ and its employees ~t it au~orizes to use
~ Progr~ in a~rd~e ~ ~e ter~ of ~ Agreement.
0~" or ~our" refer to ~ny User ~der ~is Agreement.
e"S~dnrd Sup~" shall me~ ~e sup~ se~ic~ ~ecified L~ S~eetS~f r~s Stznd~rd Suppo~ Policies tn effect at ~e time
s~h se~ic~ nrc ordered by Client (~s indic=ted by ~e Effeclive D~te of ~e relev~t Order Form).
e"Con~ltlng Se~ic~" sh~ll me~ ~y o~er se~ices provided by SweetSof~ ~ ~nt ~c beyond ~e scope of St~dzrd S.p~.
i~lu~ng trai~l:.
e~evelo~" shall me~ ail Progr~s, L~cluding Upgrades, Updt~cs or o~c: e~.3n~menu or m~ficazions to thc Programs.
if ~, ~ ~1 D,~mcnmtion or o~cr materi~s dcvc~o~d ~or delivered by 5~eaSof ~ in ~ co. sc of providing Stand~
Su~n or Co~dtini Se~ices, or o~c~isc, u~dct ~is Ai~cmcnt.
· "Up,dc" m~ ~ c~cements or subse~uen~ versions of Programs ~a~ X~rX~ ~may m~e ~e~erally co~crc~a]ly
~v~i~bte to i~ Cus~mcrs.
· "Upd3te" me~ n Pro~r~ co~c~ion or ~or ch3nSe ~at Sw~r&~ m m~cs co~crci~ly ~v~ila~]e to iu customers who
~rc~asc Su~=d
· "D~i~.ted Si~e(s)" me~s ~c Customer locntio.(s) specified o~ ~c 3tt~chcd S~;S~$ ~ Sd=s Order ~orm.
· "~fracti~e Data" s~i mc~ ~e d~te You si~n the rciev=~ Order Form ~dcr ~is A~rccmcn~ for n p3rticui3r Pro~r~ or
Se~ice(s) ~cquir,=d ~dcr ~is A~rccmcnt.
LICENSE A.~ I~STRXCTIONS
Limited Rights
· Swcet$oj~ ~' grants Cus:omcr a non-exclus':ve license to use one (1) copy of the Prosr,'u'ns an, d ~y Dcve!opmen:s, ~f appl:cable.
on t%e Designated H~dw~re, a: ~c Des~gnamd Site(s), for Customer's internal operational use ~d. if ~pplicable, for
Customer's use a'~ a provider of b~ll~g services (orJy from ~e D~signzted S~te) to o~e: ~rd p~ ambul~:e comp~its
Customer sp~ifi~:s on ~e S~,eetSofl ~ Sales Order Form. (Customer will ~ charged a fee for each co~ of ~e Progra~ ~ usc
at each D~i~nated Site ~d ~ separate fee for each ~rd party ~bul~ce comply for which Customer provides se~iccs
such ltcem~ ~y.) ~or the pu~o~e~ of this 4greemmL Collier ~.n~ ~vernmtnt lAaII be ~ned ~o be f~
Dedg~ed ~he~ ~11 include, bt~t not be limited to t~e ~evenue ~e~ice~ Departure ~.d Emergen~ Med~c~
D~a.me~ re~pealvely.
* You may m~e b.c~p c~i~ of ~e Progr~s ~d Developmen~ ~t ~ot ~e Do~en~ation) solely for ar~val ~s~.
pmvi~ that ~1 such c~ies repr~uce ~d display ~lly nil ~ea$o~ ~cop~ghl nodes or o~cr proptieta~ legend.
~ S~e~So~ ~or its lic~or~ retain ~1 right, fi:lc ~d intere~ ~ ~d to ~e Progm~ ~fl ~! Devel~ments ~ ~y ~dium.
inc]ud~g bu~ not li~ted to all copyrights, pateau. ~ade secret, ~ade~ks ~d o~er prop~eta~ ~.
e ~! figh~ not expr~ly grated are rescued to SweetSof ~or iu li~nson.
e ~e Cuxtomer ret,~e$ ~he H$ht to acce~ ~e ~eet$of ~ dm~a$efor t~pu~e of~tra~ng info~a~on.
Restrictions
· You may not copy or use the Programs or Developments except as specified in this Agreement. Without limiting the foregoing.
.Weet$o./~ n,,lists specific prohibitions below:
· YOU may not modify t~e Pro,rams or Developments other than as required for your internal use of such Programs or
Developm~n~ uncter the terms of 0~is Agreement.
· Yoa may not reverse-engineer, disassemble, dccompile or reduce the Programs or Developmcnts to a human perceivable form
or translate, sub-license, resell for profit, lend, rent, lease or otherwise dlstn'b~e, (includitt~ electronically), any whole or
portion of the Pro;p'zms or Developments to ~y Person or ~ti~, not authorized under this Agreement.
· You may not merge or combine the Programs or Developments with other computer prograras or create derivative works based
on the Programs et Dcvelopm~ts.
· Yo~ may not remove, obscure, or niter any notices of the Swee;6'o~' r~copyrilht or other proprietary
Developments.
SlrEET CO)IPtrX'ER gERVIC£ ~003
· You may not trsnsfer or assign your righ:s under bis Agreement. You may no: transfer or assign your copy of the Prog::u~s or
Developments. This Agreement is not assignable including by operation of law; any such at:err, pt renders .I! license rights null
and void.
· You may not traasfcr ~hc Ptogra.ms or Developments ~o any person or enti~./in viol.ntion of the United Stab. es Export
Administration
· }571lie both parties acknowledge and accep; the gpccij~c restrictions as get forth under r;~i$ $,bsection, both parties alao
a 'cknowtedge a~ut recogni:e that Collier Couno' is subject to the requirements ar. d juri-d;.c~ion of federal and state lows
regarding the disclosure and release of information. Accordingly, both parties agree to the follo~4ng terrna regarding the
disclosure of confidential and/or proprietary reformation:
Custorner acknowledges that tn order to perform the gerviceI called for in this contract, h shall be nece$;ary for
gweetsoft to disclose to the tustomer certain Proprietary Information that has been developed by gweetsoft ct great
txpenle and that has required considerable effort of skilled profex~onal$. Customer,further acknowledges that the
programs will of necelstt)' incorporate such Proprietary Information. Customer agreeI that it shall not di$clole.
transfer, use. copy, or ollo~, access to any. such Proprietary Information to any employees or to any third pareses,
excepting those who have a need to know such Proprietary Information in order to give effect to the Customer's rights
hereunder and who have bound themselves, in writing, to respect and protect the confidentiality of ail such Proprietary
Information. In no event shall the ctatomer disclose any such Proprietary Information to any competitors of Sweetso.~t.
NotWtthstanding. anything to the contrary in any other section or subsection of this Agreement. Sweetsoft hereby.
acknowledges that the Customer 15 subject by law to certain information and document disclosure ar.d copying
requirements that may require the Customer to diIcloxe information or copies of documents relating to or forming pan
of the l,rogram ($) trade secret of copyright protection. Accordingly. prior to disclosing such Informa:ion or
reprocbtcing stroh documents to a third pcrry, the Customer shall obtain Sweet$ofl'$ written co~ent to each such
disclosttre or reproduction and SweetSof: agrees not to unrea$or, ab~' withh, old such consen!, fi'either the cut:omen nor
Sweets, sit has any. obligation to disclose a.D' Trade Secret. "Trade Secra ~ as defined in Section 812.081. Florida
Statutes. are ~xempt from 'Public Records Law' disclosure by application of Section 1 I9.08($)(o). Florida Sec.'utes.
Customer shall not intentionally disclose any of else subject trade secrets. In the event that customer is unsure whether
an item is a trade secret. Customer shall rely on Sweetsoft'$ assertion that the item is a trade secret ar.d shall in l~
reliance thereon treat the Item as a trade secret yea.il.vis Chapter 119. Florida Statutes. In an). case where gweet$oft~'
ea:pres$ly consents to specific disclosure of information or reproduction of documents relating to or form. lng part of the
,orograln(s), gweetSoft hereby waives for each specific disclosure or reproduction any claim against the Cu.~tomer for
violation of trade secret or copyright laws or violation of any term of thi.~ Contract for such a release of information or
copies ~,f document$. In any case where ~weet$oft refuses to consent to disclosure or reproduction and the Customer is
al a re;ult thereafter made a part)' to a suit ariaing under Chapter 119, Fla. Stat 5. e., the 'Florida Public Records
Law'), gweetSoft agrees to intervene in such suite with counsel and at SweetSoft's e. xpense and to pregent evidence to
egtobli$.~ that the information or documents SweetSofl has requested the Customer to withhold under the terma of thi~
Contrast are in fact exempt from disclosure under the Florida Public Records Law purxuant to Section 119.07($)(oL
Should the court in such a suit determine that the information or document~ in question m~t be disclosed or
reproduced pursuant to the Florida Public Records Law, $weetSoft shall have no claim against the Customer for
violation of the Contract or trade secret or copyright laws or otherwise. However, to the extent gweetSoft did not
unreasonably withhold ita consent to disclosure or reproduction in the first place. Sweet$ofl also shall have no
obligatiem to pa)' any attorneys'fees or costs assessed against the Customer as a result of the nondisclosure or non.
reproduction of the information or documents.
ffER VICES
Standard Support
· You may order .~'eetSofl ~'Standaxd Support under the terms of this Agreement by speci~iag the relevant service package on the
attached SweetSoft m Sales Order Form..~,eet$oft m do,aa not offer its Standard Ter.~m~cal Suppert for third party products. If,
at any future time. Sweet$ofl ~Vbe~tns to make commercially available its Standard Supp<n't for sp~:ified third-party products,
Sweet$ofl n~will de. scribe the relevant service offering tn its then-c~xrem Standard Support Policies and Users may ~ order
such services under the term~ and conditiooa of th.is Agreement. Any teclmlcal support or other services for ~e F. MScan/Key
Dam System are available must be obtair, ed directly from EMS DATA SYSTEMS. Inc.. an Arizona Cotgotation. AIl sxT4x~
policies are subjec~ to change upon notice.
$~'EET C05IPLrl'ER S£R¥ICE I~ 004
., You may order consultiag Services under the terms of th~s Agreement if the scope of such services is agreed to Ln wrifi~.g by
authorized r~rcsentatives of .~.eer$ofi '"' and the Customer. and such scope of services is d,'scribed tn a wrifi~ that specifies that
all such services shall be provided under the terms Nd conditions of this Agreement.
Developments
· Generally, ,~eet$o. fi' n'do~ not provide Support Services or Developments for third paw/products (b~cluding but no: limited to
'EMScan/K~ Data System' and EMS Expert') unless expressly specified in Sweet$of~ r~'s thcn-currc ~t Standard Support
Policies.
ln~olclnl and Pa~nnent
A. Sweet$ofl wilt,flemish, instate and provide technical support for att deliverables itemized in the gweet$oft Sates Order forints) and
Cattier County p,trchase order pursuant to the requirements and standards of RFP 97.2668 and in proposal of Ma)' $0. 1997.
B. Upon signing of the Agreement, both parries will mutually schedule jive consecutive days of training to be conducted at a site
designated by the Customer and to be commenced no later than 60 calendar days from the date of signature of the Agreement.
Prior or during the on ~ite training period, the Customer wilt receive, irtrpect and test att deliverables. At the completion of#it
training period, the Customer wilt either notify Sweet$oft of its intent to accept att deliverables specified under the Agreemrnt
bated on the reqdrerntnts of the Agreement or ad~,ige 5~veetSofr of any deficient items in need of correction or completion.
Format acceptan,:e shall occur in the form of issuance of payment to Sweet$ofr in the amounts gho',en herein. Payment for each
deliverable shale occur within $0 days of acceptance and receipt ora proper invoice, whichever is later. Acceptance shall not be
unreasonably withheld. The value of each deliverable shale be ag follows:
Deliverable (e3
Pa.:able Value
Signing of Agreement
(both panics)
Installation and Training
54,175
$14.700
Fir. at Acceptance ~
Total Compensation $20,975
Sweet Computer Sen,ices and customer agree that the Medicaid electronic remittance advice program may not be delivered ttntit
January I$, 1998. It Is also agreed the value of the Medicaid electronic remittance is $100 and failure to deliver upon the schedule
date may result in a refund to customer of $$00.
C. Reimbursement of trover expenses shall be paid separately and within 30 days of receipt of a proper invoice. For the purposes of
this Agreement, an allowance of $2,000 shall be established for reimbursement of travel, related expenses resulting in a total
contract amount Of $22.975. The total contract amount shall be not be changed without the prior, written authorization of the
Customer.
· Thc fees listed in this Agreement do not include taxes; if SweetSoft mis required to pay sties, use. property, value-added or other
federal, state, or local taxes based on the liee~cs or services granted tn this Agreement or on your use of Programs,
Developments or Services, then such taxes shall be billed to end paid by you. This paragraph shsll not a~ply to ts.xes based on
Sweet$ofi rS~ s tncome.
R~turn Policy
· Withtn ten (10) days of receipt of a copy of a Program u~der this A~r~ement, if you have not opened or tnstalled the Program,
you may return ~'~ Program and all related materials to ~eet$ofi r~ for a refund of the purchase price paid. Sweet$oft mteserves
the right to deducn from your refund a 'r~stocking fee.'
Incidental Expenses
· For any on-sim Consulfiag Services or training you requesL you ~hall reimtna'se gweet$ofl n, for actual, reasonable travel ami out-
of. pocket ,.xp~.~e~ incurred. ~ubject to the timlts and rates sped/fed under Section 112.06I(6). (b}. F.$. for rdrn~ursement
mealt and Section 112.061(7). (a) and fo)for ground vehicle transportation. Lodging shall be reimbursed a
/
S~EET C0);Pt.'TER SERVICE ~,,105
:0:09/9? TEU 08:00 FAX 319 ~2 Bi~
'~'1:~%'I and TERM~-"qATtON
.The term of this Agreement is perpetual unless otherwise specified on the r¢levzut Sweet$ofi ~' Szles Ord:r Form, or u:fless
otherwise terminated under the terms of this Agreement Both the Agreement and Your right to use the Programs or Developm,c~l~
terra,ate automatic'ally if you violate any part of this Agreement. In the event of terTninafion, you must immediately destroy all~[~lf
topics of thc Progr.~ms or Documentation or re,urn them to S%,tetSofl "'. In the ~'.,ent that Swee:Sofi m~:eri~lly breeches or defaut~
tm)' terms of the Agreement. ?Txt Customer reserves the right to terminate the Agreement for CauSe. Prior to n~ch terrain 2tion. the
Ctatomer shall formally notify S ~,eetSof~ by cerrOed maxi or verified fax of the breech/default. Sweet shaft then have a r..:.nimum of
15 cater, dar da),s from receipt of such notice to cure the breech or default. Should Sweet have failed to cure the breech/defauh
within the t~me period specified in the notice, the termination shall become effective at the expiration of the specified time period. In
the event that this Agreement is terminated for cause. SweetSofr shall forego any claims or rights to receive payment/reimbursement
for any. previously.rejected or pending deliverables identifed under the subsection entitled, 'Invoicing and Payment' as set forth
under this agreeme,t.
WARRANTY, DISCLAIIVEERS, EXCLUSIVE RE3fEDIES AND LR,41'TATION OF LIABILITY
For nil ProFrnm~ other than third party products: Sweet$oft warrants that the diskettes on wi.ich ~e Programs or Development%
axe distal:rated will be free h'om defecl~ in materiah and workmanship and that the Programa and Developments will substantially
conform to thc Documentation (including this Agreement. manuals, software, etc.), if any. when Ol:Zrat~ prcr~rly by Customer. for
a period of nine,'y (!K)) days from shipment of the relevant Program copy tinct acceptance of all project deliverables by the
Customer. Sweet$o~ TM does not warrant that the Programa or Developmenu will operate uninterrupted or error-fie-- If SweetSG'l
is unable to make auy of the Programs or Ek:velopmems ope:ate as wa,"rant~. Customer's exclusive remedy and Sweet$oft ""$
entire liabili~' shall be that $weet$oft r" will replace th.': relevant disk or, at Sweet$oftr"$ option, under:ak.' to coerce: the Program
errors, or refund thc amount of license fees paid for the relev,~.~ Program license l~$s a prorate po.~ion appfcab!e to :he an:o 'ur, t of
time ',he Program was used.
SWE£T$OFT"' PROVIDES ALL TH]ltD PARTY PRODUCTS, l~CLUDLNG BUT NOT LD, flTED TO THE "EMSCAN/KE%
DATA SYSTF-M"/LNq) TI-IE "EMS EXPERT" ON Ax; "AS IS" BASIS ONLY. A2~"t' WARRA,%'T[ES PROVIDED %I, TrH
E34S SCAN/KEY DATA SYSTEM ARE AVAILABLE ONLY DIRECTLY FROM EMS DATA SYSTEM, S, L%'C. BY
SL-N'DLNG LN THE REGISTRATION FOR TI{E FRODUCT TO EMS DATA SYSTEMS, LN'C. %%'ITHEg THIRTY (30)
OF PURCHASE OF TH~ RELEVA2<I' LICENSE. ANY WARRA2qTIES FROVIDED %'~TITI TEE L'MS EXPERT ARE
AVAILABLE ONLY FROM THE P-DOCS GROL'P, L'gC. LN' JACKSONVILLE, FLORIDA.
$',~eet$ofl""warrar. t-. that its Standard Technical Suppo.'t S.-."vic~s and/or Consulting Services provided by Sweet$oft "' will b: of
workmanlike quali:y conforming to generally a:ecptab!e L~,duslry standards and practices. This warrant)' si'all be valid for ninet)' (90)
days from performs,ce of the relevant services. For any breach of this service worry:y, Customer's cx:lusive remedy and
Sweet$oft '"'s entire liability shall be reperfotm=c: of :he re!:','ant Service. or, if Swee~$ofr r~ is unable to ~."for,'r. the se.vice as
warran:ed, Customer shall be entitled to recover the fees pa,d for the deficient services.
SWEET$OFT~ DI.SCLALMS ALL LIABILITY FOR ANY DAMAGE RESULThNG FROM OR R. ELATED TO DATA
AN'D/OR CLALM fORMS AN/) RELATED LN'FORMATION TO, BY, ABOUT OR FOR ANY FEDERAL, s'rATE OR
PRIVATE INSURANCE ORGANIZATIONS, INCLUDING, BUT NOT Ll3frrED TO MEDICARE, N[EDICAID,
COM3MERCIAL L'~SURANCE COMPANIES. SWEETSOFT"'MAY PROVIDE SUCH DATA OR LYFORMATION, Il: AT
ALL, ONLY AS "SAM~PLES" FOR THE PURPOSE OF DEMONSTRATING OR DISPLAYING HOW SUCH DATA
AND/OR CLALM FORMS M. AY OPERATE hN THE PROGRAMS. SWEET$OFTTM PROVIDES ALL SUCH SAMPLES ON
AN "AS IS" BASIS, WITHOUT ANT WARRANTIES, EIT1TER EXPRESS OR 13fPLIED. SWEET$OFT"' RECO,~MENT)S
THAT YOU YER~'Y TI{E ACCURACY OF ANY AND ALL DATA AND/OR CLAIM FORMS YOU USE WITH THE
PROGRAMS.
SWEETSOFTr~ DISCLAi~IS ALL LIABILITY FOR THE ACCURACY AND/OR COMPLETENESS OF DATA,
LNCLUD~G BUT NOT LI34/TED TO DATA SUPPLIED THE PROGRAM OR AS ADDED OR MODIFIED BY
CUSTOMER OR ANY THIRD PARTY, OR, DATA AS PROCESSED ON CUSTOMER COM~tYTER NETWORK.
CUSTOMER BEARS THE ENTIRE RESPONSIBILITY FOR ][TS COMPUTER NETWORK, INCLUDRqG ITS
LNSTALLATION, TKE PERFORMANCE OF THE PROGRAMS AND TH~ BEHAVIOR OF THE DATA ON CUSTOMERS
COM1'WrER ~ORK. HOWEVER, SWEETSOFT ACI~VOWLEDGES THAT IT HAS R. EVIEW£1~
NETWORK CONFI¢,URATION AND THAT SAID CONFIGURATION IS AN APPROPRIATE ENVIROt
SUCCESSFUL OPERATION OF ALL DELIVERABLES SPECIFIED UNDER THIS AGREEMEhrr.
SWEETSOFT~'PRt)VIDES ANY HARDWARE, LNCLUDI~G, WITHOU? LIMITATION, MODEMi
BASIS. YOUR ONLY WARRANTY ON HARDWARE IS THAT WHICH CAME FROM THE
I~A~R. IT IS YOUR R.ESPONS~II2TY TO bLa. LL IN ANY WARRANTY CARDS ON
10/10,91 1'9I 09:00 FAX 319 422 3lgg SWEET c0)lr4.,'rER SERVICE
' I~CEPT AS SFECIFICALLY SET FORTH ABOVE, SWE£TSOFF~DISCLAIMS ALL O'I'KER WARRANTIES. EITHER
I~PRF~S OR IMPLItlD, ON ALL SOFTWAI~, SERVICES, ltAP. DWARE, DATA OR OTHER IHFOI~IATION.
i~CLUDIHG BUT NOT LIMI~D TO IMPLIED WARRA~ OF I~ERCHANTABILITY OR FITNESS FOR ANY
OTHER PARTICULAR PURPOSE.
SWI~ET$OFT"'WILL IN NO EVENT BE LIABLE TO CUSTO,M~I OR AA"/TH]RD PARTY FOR ANY DAMAGES
WHATSOEVER }'OR CONSEQUENTIAL OR INCIDENTAL DAMAGES, EITHER DIRECT OR IN'DIRECT. INCLUDL'~G
BDT NOT LIMITED TO LOSS OF BUSINESS PROFITS~ INCOM'E OR USE OF DATA.
SWI~rT$OF~'r~'$ LIABILITY TO YOU FOR A~AL D~G~ FOR ~ CAU~ ~A~O~, ~
~GA~ OF ~ FO~ OF ~ A~ON, ~L BE ~D TO ~ G~~ OF S~0 OR ~ ~O~
OF MO~ P~ FOR ~ ~EVA~ PROG~f OR S~ AS ~PLIC~, ~AT G~ ~SE TO ~
SU~ LI~.
GENERAL
This AgreemenI consfimic$ thc ~-nfixc Al:rcemcnt ~d su~rs~des ~y p~or A~m ~tw~cn ~eerfo~ ~ and You con~m~n~ ~
n~ mt~r of ~ Agr~mcnt. ~e lerms of ~is Agreement sh~l s~ede ~ C~tomcr purchas~ order or o~hcr writini ~st
~nflic~ ~ i~ ~s. ~ess ~etSofl ~ specifically amends ~is A~ment. ~s Agreement cam~ot ~ ~dcd. m~ifi~, or
w~, U~C~ ~e ch~Ee is wri:~en ~d si~ed by an au~or~ed ~rata officer of ~weet~ofl ~
WITNESS WHEREOF, the Contractor a~d the County. have each. respectively, by ~ authorized person or agent, hereunder set
ih. dr hands ~.nd seals on ~'.e date ~d year first above wrinen.
ATTEST:
E. Brock. Ch:rk of Courts
BOARD OF COUNTY
COMMISSIONERS
COLLIER COUNTY. FLORIDA
By:_
D~t:d:
(SEAL)
By:
Timo'.,hy L. Hancock. Chairman
David A. Swce~ / C.E.O.
Typ~ Nan'~rrhle of Si~ator~
Approw~ as m form
legal sufficiency:
CORPORATE SEAL
C. Palm,r,
Assistant Coumy Attorney
1997
EXECUTIVE SUMMARY
RECOMMENDATION TO ADOPT THE BUDGET AMENDMENT APPROPRIATING CARRY FORWARD
AND EXPENDITURE BUDGETS FOR OPEN PURCHASE ORDERS AT THE END OF FISCAL YEAR
1997 IN FISCAL YEAR 1998.
CONSIDERATIONS¢ Purchase orders were issued to various vendom during FY 97 and them were
budgets to pay for~those purchases. The purchase orders continue to be valid at fiscal year end. The
CcxJnty conlinues to need those products or services ordered. However, the budgets to pay for those
ilems expired as of September 30"'. If the purchase orders were cancelled on September 30~ Ihey would
have to be reissued on October 1" which would require unnecessary record ~ changes for ~
vendors, the County's Purchasing Department, the Clerk's Finance Department and lhe department
which placed the order. Therefore, FY g8 budgets need to be appropriated to replace those that expired,
to allow payment to be made.
FIS~ IMPACT: There is no new impact to the respeclive funds. The decision to purchase was
[xeviomly approved and the money with which to make payment was encumbered at lhe lime the
purchase orders were issued. The County's financial system is capable of taking such lramactions into
c~ at fiscal year end.
GROWTH MANAGEMENT IMPACT: None
RECOMMENDATION: The Board approve the budget amendment for $28,881,253.07 to appropriate
can7 forward and expenditure budgets for FY 98, for open purchase orders at the end of fiscal year 1998.
PREPARED BY:
REV]EWED BY:
Shirley V~n",/liet, Technical Assistant
Mike Smykows~-, Director, Office of ManaGement and Budget
REVIEWED BY:
Mitchell, Finance Director
I~o.!~'
OCT 2 8 '1997
p. I
FY 98 BUDGET AMENDMENT TO FUNDS SHOWN
AMOUNT~ ARE FOR CARRY FORWARD AND FOR APPROPRIATIONS
TO PROVIDE FOR FY 97 OPEN PURCHASE ORDERS
1
101
108
109
111
113
114
118
123
126
130
t31
151
152
155
156
1.59
188
190
193
194
19.5
198
232
301
3O6
3O7
313
314
32O
325
331
333
334
338
338
341
345
35O
408
410
411
412
413
414
441
470
472
473
49O
491
495
496
5O5
510
521
522
Fund Til~e
GENERAL FUND
ROAD AND BRIDGE
POLLUTION CLEANUP & RESTORATION
PELICAN BAY MSTUBU
MSTD GENERAL FUND
COMMUNITY DEVELOPMENT
WATER POLLUTION CONTROL
EMERGENCY MANAGEMENT AND FIRE GRANTS
COLLIER CO-SERVICES FOR SENIORS
METRO P~NNING - M.P.O.
GOLDEN GATE COMM CENTER
MARCO ISLAND BEAUTIFICATION
SABLE PALM ROAD EXTENSION
LELY GOLF ESTATES BEAUTIFICATION
FOREST LAKES ROADWAY & DRAINAGE
IMMOKALEE BEAUTIFICATION
MARCO ISLAND BEACH RENOVATION
800 MHZ IRCP FUND ACCOUNT
MISC FLORIDA STATUTES FEE
TOURIST DEVELOPMENT TAX
TOURIST DEVELOPMENT TAX
TOURIST DEVELOPMENT (60 %)
TOURIST DEVELOPMENT
PINE RIDGE AND NAPLES PARK
FACILITIES MANAGEMENT-
1982 PARKS IMPROVEMENTS
1983 LIBRARY IMPROVEMEN
ROAD CONSTRUCTION - GAS TAX
MUSEUM ClP
CLAM BAY RESTORATION
1981 WATER MANAGEMENT C
ROAD IMPACT FEE - DISTRICT
ROAD IMPACT FEE - DISTRICT
ROAD IMPACT FEE - DISTRICT
ROAD IMPACT FEE - DISTRICT
ROAD IMPACT FEE - DISTRICT
ROAD ASSESSMENTS RECEIVABLE
REGIONAL PARK IMPACT FE
EMS IMPACT FEES
LIBRARY SYSTEM IMPACT FEE
NAPLES & URBAN COLLIER
COUNTY WATER/SEWER OPERATING
COUNTY WATER/SEWER DEBT
WATER IMPACT FEE
COUNTY WATER CAPITAL PROJECTS
SEWER IMPACT FEE
COUNTY SEWER CAPITAL PROJECTS
GOODCAND WATER DISTRICT
SOUD WASTE DISPOSAL
SOLID WASTE DISPOSAL GRANT
MANDITORY TRASH COLLECTION
EMERGENCY MEDICAL SERVICES
EMERGENCY MEDICAL SERVllCE
COLLIER COUNTY AIRPORT
AIRPORT AUTHORFFY GRANT
AUTOMATED INFORMATION SYSTEM
DEPARTMENT OF REVENUE
FLEET MANAGEMENT
MOTOR POOL CAPITAL RECOVERY
Total Added to FY 97 Budget
Fund
Total
149,360.81
542.96
96,665.72
11,456.00
63,634.43
47,618.17
384.47
6,945.43
28,O66.63
90,993.31
4.032.00
6,367.27
8,412.50
32.50
1,098.24
17,965.00
73,706.00
1,289.60
1,39O,035.35
7~0.341.98
2,0~0,277.98
237,300.00
9,800.00
1,482,557.75
376.901.O9
375.5O
1.787,464.15
7.199.00
199.119.41
114.653.59
456,184.21
529.943.87
299.121.18
134,892.20
6,000.00
898~82.M
26,840.85
1.112,679.53
118,721.98
239,562.97
7,000.00
512,681.98
2.550,110.36
1.111.014.47
10,493,417.57
2,167.99
961.684.39
15,9O0.00
10.551.00
25.203.01
229,312.84
4,622.80
15,075.42
16.319.37
16.589.30
$ 28,M1.253.07
OCT 2 8 1997
APPROVAL OF BUDGET AMENDMENTS
BCC Agenda of 10/21/97
Community Development (I 13)
Budget Amendment 97-S0,3
Operatin~ Expense S2,200
P, eten~ (S~00)
Funds ate needed to ~over expenses as~ciated with the ttu~ee County vebkles l:mdgeted tn th~ ~ ~. The
:nmnbet ofml~es driven was hi~-t ~ anticipated because of an tncteme In case workload. The forecast budget
Speckl Events
Budget Amendment 98-009
Contffoutiot~ $60,450
Total 0
'l'ne ~et amendment was a.~roved at the end of FY 97 but did not roll forward into FY 98.
MSTD General Fund (111)
Budget Amendment ~24
· H ·
Personal Services
Reserves
Total 0
Budget incurred unan6cipated employee termination pay.
OCT 2 8 1997
EXECUTIVE SUMMARY
RECOMMENDATION FOR, BOARD CONSIDERATION AND APPROVAL
OF A SETTLEMENT AGREEMENT AND RELEASE OF CLAIMS BETWEEN
THE COUNTY AND A FORMER COLrNTY EMPLOYEE.
OB,IECTIV~; For the Board to consider and approve a Settlement Agreement and Release of
claims between the County and a former County employee as is more fully set forth on the
attached Settlement Agreement and Release.
CONSIDERATIONS;; Herbert L. Luntz, who was laid off from County employment on or
about October 1, 1997, has asserted various claims against the County in connection with his
employment situation. In light of the estimated cost of defending against these claims should a
lawsuit ensue, the resolution reached in the attached Settlement Agreement and Release is both
reasonable and in the public interest.
FISCAL IMP6~iT; Funds required to satisfy the financial terms of this agreement, in the
amount of $22,603.47, are available in the General Fund Reserve for Contingencies (001-919010-
~m000).
GROWTH MANAC~EMENT II%IPAC"T; None.
RECOMMENDATIQN; It is recommended that the Board consider and approve the attached
Settlement Agreement and Release with Mr. Luntz and authorize the Chairman to execute the
Settlement Agreement and Release. It is further recommended that the Board authorize the
necessa~ budget amendment to appropriate funds to satisfy the Agreement.
SUBMITTED BY:
Leo Ochs, Adm~u~r_ator
REVIEWED BY: ~~'""~)~ Date:
Michael W. Pettit
Assistant County Attorney
APPROVED BY: Date:
Robert F. Fernandez
County Administrator
'Date: I~/~: //~c ~
OCT 2 8
/
SETTLEMENT AGREEMENT AND REL~
K~OW ALL HEN B~ THESE PRESENTS s
That HERBERT L. LUNTZ (the .Employee'), for and in
consideration of the items listed below received from or on
behalf of COLLIER COUNTY, FLORIDA (the .Employer'), hereby
covenants and agrees to the following; and in exchange for the
promises of the Employer and the Employee contained in this
Settlement Agreement and Release (the .Agreement'), the parties
mutually agree as follows:
%~~A$, Employee has been employed by Employer and has
resigned his employment with Employer effective October 1, 1997;
V~ER~A$, Employee desires to fully and completely resolve
and settle any and all claims whether known or unknown, which he
had, has, or may have relating to the employment or cessation of
employment with Employer.
NOW, THEREFORE, in consideration of the promises and
mutual covenants herein contained, the sufficiency of which is
hereby acknowledged, the Employee and Employer hereby agree as
follows:
1. The Employee, by his signature below, resigns from his
employment with the Employer effective October 1, 1997; and the
Employer, through the signature of its representative below,
accepts the resignation of the Employee.
2. Within fifteen (15) days following the effective date
of this Agreement as set forth in Section 14(a) herein, the
Employer will pay to the Employee the sum of $22,603.47. This
sum shall be equal to six (6) months of gross salary at the
Employee's most recent rate of pay plus twelve (12) months of
health insurance premiums for the Employee at the current premium
rate. It is understood and agreed that all taxes and other
required withholding shall be deducted from this sum by Employer
in accordance with all applicable laws and regulations; however,
the net sum to be received by Employee shall be sufficient for
Employee to' pay for twelve (12) months of health insurance
coverage for himself to the extent that he is otherwise eligible
for such coverage pursuant to Employer's health insurance policy.
3. (a) Except for any claims the Employee may have for
workers' compensation benefits and/or unemployment compensation
benefits (which are not released by this Agreement), the
Employee, on behalf of himself and any other heirs, executors,
administrators, legal representatives and assigns, in exchange
for the consideration described herein, hereby covenants not to
sue, nor to apply or reapply for employment or rehire with, the
Employer or any corporate entity, affiliate, or subsidiary
related to the Employer (also collectively referred to as the
.Employer"); and fully releases and discharges the Employer, as
well as its directors, officers, agents, current and former
employees, representatives, heirs, assigns, successors,
predecessors, servants, appointed and elected officials,
attorneys, insurers, sureties and affiliates from any and all
causes or causes of action, claims, wages, demands, rights,
liens, agreements, contracts, actions, suits, obligations, debts,
dues, sums of money, attorney's fees, accounts, reckonings,
covenants, charges, liabilities, contracts, promises, executions,
complaints, damages, and judgments of whatever kind or nature in
law, equity, or otherwise, whether now known or unknown, present
or future, arising out of or in any way connected wilh h~- ~
OCT 2 8 1997
employment relationship with the Employer, his resignation from
employment with the Employer, or any other transactions,
occurrences, acts, or omissions, or any loss, damage, or injury
whatsoever, which Employee had, has or may have, whether known
or unknown, present or future, suspected or unsuspected,
resulting from any act or omission by or on the part of the
Employer up to the time of ex¢'ution of this Agreement.
('Released Claims');
(b} The Employee represents and warrants to the
En~loyer that he has not filed any charge(s), lawsuitCs) or
claim(s) against the Employer or ~aken any other action against
the Employer and that he has no pending charge(s), lawsuit(s}
or claim(s) against the Employer;
4. The Employee understands and agrees that he is hereby
waiving any and all claims he may have to reinstatement or future
employment with the Employer. The Employee further agrees that
the Employer will be under no obligation to employ or contract
with the Employee in the future and that he shall not seek or
apply for employment with the Employer in the future.
Nevertheless, this Paragraph of this Agreement shall not be
construed to preclude the Employee from seeking to provide
services to the Employer as an independent contractor in
accordance with the Employer's Purchasing Policy.
5. (a) Without limiting the generality of the foregoing,
this Agreement also specifically pertains to any claim, whether
local, state, federal, constitutional, statutory, administrative,
or common law, for reinstatement, personal injuries, breach of
contract (express or implied), breach of any covenant of good
faith and fair dealing (express or implied), or any cause of
action in tort, including any intentional tort, or for claims
3
arising under Title VII of the Civil Rights Act of 1964, as
amended, 42 U.S.C. §2000e, et seq. and as amended by the Civil
Rights Act of 1991 (prohibiting discrimination on account of
race, sex, color, national origin, or religion); the Age
Discrimination in Employment Act, 29 U.S.C. §621, et seq.
(prohibiting discrimination on account of age); the Americans
with Disabilities Act of 1990, 42 U.S.C. S12101, et seq.
(prohibiting discrimination on account of disabilities); the
Employee Retirement Income Security Act of 1974, 29 U.S.C. §1001,
et seq.; the Family and Medical Leave Act of 1993; and the
Florida Civil Rights Act of 1992 (§760.01-760.11 and 509.092,
Florida Statutes) (prohibiting discrimination on account of race,
color, religion, sex, national origin, age, handicap, or marital
status); as well as any amendments to any of the foregoing; any
common law or statutory wrongful discharge or retaliatory
discharge theory; or any claim for severance pay, bonus, sick
leave, holiday pay, vacation pay, life insurance, health or
medical insurance, or any other fringe benefit (except as may
otherwise be set forth herein).
(b) The Employee acknowledges that he may have
sustained or may yet sustain damages, costs or expenses that are
presently unknown and that relate to claims against the Employer.
The Employee expressly waives and relinquishes all rights and
benefits he may have under any local, state, federal,
constitutional, statutory, administrative or common law principle
that would otherwise limit the effect of this Agreement to
claims known or suspected prior to the date the Employee signs
this Agreement, and does so understanding and acknowledging the
significance and consequences of such a specific waiver. The
i
4 I OCr 2 8 1997 i
Employee is not, however, waiving rights or claims for incidents
that occur after the date of execution of this Agreement.
(c) Thus, for the purpose of implementing a full and
complete release and discharge of the EmD1oyer, the Employee
expressly acknowledges that this Agreement is also intended to
include in its effect, without limitation, all claims which the
Employee does not now or suspect to exist in his favor at the
time the Employee signs this Agreement, and that this Agreement
contemplates the extinguishment of any such claim or claims. In
addition, the Employee agrees to indemnify and hold the Employer
harmless from any loss, cost, damage or expense (including
attorney's fees) incurred by the Employer arising out of a breach
of any portion of this Agreement by the Employee.
6. This Agreement constitutes the complete agreement and
understanding regarding the termination of the Employee/Employer
relationship. It is not, and shall not be interpreted or
construed as, an admission or indication that the Employer has
engaged in any wrongful or unlawful conduct of any kind.
?. This Agreement shall be governed by the laws of the
State of Florida.
8. Should any provision of this Agreement be declared or
be determined by any court to be illegal or invalid, the validity
of the remaining parts, terms, provisions, shall not be affected
thereby and such an illegal or invalid part, term, or provision
shall be deemed not to be a part of this Agreement.
9. In the event of an alleged breach of Chis Agreement,
Employee and the Employer hereby agree that all underlying causes
of action or claims of Employee and the Employer have been
extinguished by this Agreement and that the sole remedy for
breach of this Agreement shall be for specific performance o~ its
OCT 2 8 sg? I
terms and conditions. In this regard, Employee and the Employer
further agree that the sole venue for any such action for
specific performance shall be the Twentieth Judicial Circuit in
and for Collier County, Florida in Naples, Florida.
10. This Agreement may be executed in any number of
counterparts, each of which shall be deemed to be an original,
but all of which together shall constitute one and the same
instrument.
11. Except as expressly provided for herein, the parties
represent and warrant that in executing this Agreement, they do
not rely upon and have not relied upon any oral or written
representation, promise, warranty, or understanding made by any
of the parties or their representatives with regard to the
subject matter, basis or effect of this Agreement.
12. The parties acknowledge and assume the risk that facts,
additional and different or contrary to the facts which they
believe to exist, may now exist or may be discovered after this
Agreement has been entered, and the parties agree that any such
additional, different or contrary facts shall in no way limit,
waive, affect or alter this Agreement.
13. The persons whose signatures appear below acknowledge
that they have the full authority to execute this Agreement on
behalf of the parties for whom they are signing and that they
have not sold, assigned, transferred, conveyed or otherwise
disposed of all or any portion of the released claims. By
affixing his signature below, the Employee attests that he has
read this Agreement, that he understands its terms and
conditions, that he has not been coerced into signing this
Agreement, and that he voluntarily agrees to abide by its terms
because they are satisfactory and beneficial to him.
or inducement of any kind has been made to the Employee by the
Employer or by anyone else to cause the Employee to sign this
Agreement, except as set forth above.
14. (a) The Employee understands and agrees that he may
revoke this Agreement for a period of seven (7) calendar days
following the execution of this Agreement by both Employee and
Employer. This Agreement is not effective until this revocation
period has expired. Employee understands that any revocation to
be effective, must be in writing and must be sent via
telefacsimile, to the Employer's attorney's office, telefacsimile
number (941) 774-0225 within seven (7) days of execution of this
Agreement.
(b) The Employee understands that he is entitled to
consider this Agreement for twenty-one (21) days prior to his
execution of this Agreement and acknowledges that he has been
given the opportunity to consider this Agreement for said twenty-
one (21} days.
(c) The Employee understands and agrees that he has
been advised to consult with an attorney prior to executing this
Agreement and has had an opportunity to discuss it with an
attorney prior to executing this Agreement.
IN WITNESSWHEREOF, the Employer and Employee executed
this Agreement, which consists of eight (8) pages, on the dates
set forth below next to their respective signatures and as sworn
to and acknowledged by Employee.
7
IgOo /q.' C '~
OGT
pg. ~"
DATED:
AT/T~T:
DWIGHT E. BROCK, Clerk
BOARD OF COUNTY COMMISSIONERS OF
COLLIER COUNTY, FLORIDA
By:
TIMO~ L. HANCOCK., Chainnm
Date:
Employee
Date:
THIS SETTLEMENT AGREEMENT AND RELEASE BETWEEN HERBERT L.
LUNTZ AND COLLIER CO~U.~, ,.T~, FLORIDA WAS SWORN TO and subscribed by
Herbert L. Luntz before me this :R/ ~___~ day of~, 1997.
'~ ,"; I
~~ Personally Known Ax'
S~gnature .... ofNoA' tary Public ~ or --
Produced Identification
Commissioned Name of Notary Pt~bli¢ Type of Identification Produ¢~
(Please print, type or stamp)
My Commission expires:
Appr~¢d ~s to form ~nd
Michael W. Pe~tit
s [ 0C! 2 8 lgg?
~;~:ECUTIVE SUMMARY
REC0%~ENDATION TO APPROVE THE USE OF CONFISCATED TRUST FUNDS TO PURCHASE
SPECIALIZED EQUIPHENT BY THE COLLIER COUNTY S~ERIFF' S OFFICE.
~ To seek appropriation of $10,000.00 from the Confiscated
Trust Fund for the procurement of specialized equipment by the Collier
County Sheriff's Office.
CONSIDERATIONS~ The Sheriff's Office by virtue of Section 932.7055
(4)(a), is seeking Board authorization for the appropriation of funds to
purchase night vision, cameras and an undercover transmitter for
surveillance and undercover operations.
FXSCAL IMPACT~ $10,000.00 for these expenditures is available fro~
Confiscated Trust Fund Reserves (602-919010-991000). The amendment
increases the budget in Other Equipment (602-611010-764990) by$10,000.00
s/~ddecreases the contingency reserve balance by $10,000.00 (602-919010-
991000).
~ROWT~ IMPACT: No recurring costs for subsequent years.
~EL'(~NDATION~ That the Board of County Co~nissioners approve the
budget amendment for the use of funds for the procurement of specialized
equipment.
CERTIFICATION OF CONFISCATED TRUST FUND REQUEST
This request is a legitimate expenditure of Confiscated Trust Funds under
Section 932.7055 (4) (a) Florida Statutes to be used for technical
equipment.
REQUESTED
APPROVED BY:
DATE
a:xs.ctfdi
Lloyd, Vi6e/a~o~ Narcotics Bureau
Do'~hJ~r, Sheriff
September 26. 1997
IG,. c_
OCT 2 8 1,Ts97
EXECUTIVE SUMMARY
RECOMMENDATION TO APPROVE THE ATTACHED BUDGET AMENDMENT WHICH INCREASES
RESERVE FOR DEBT SERVICE AND GRANT REVENUE.
OBJECTIVE: To increase grant revenue so that the budget reflects the actual amount of grant
revenue to be received from the Florida Department of Transportation for their share of the Marco
Island Executive Airport terminal building rehabilitation project and to increase reserve for debt
service to recognize that the increased grant money is to be used for the repayment of debt
Incurred to cash flow the projecL
CONSIDERATION: On February 22, 1996, a supplemental joint participation agreement was
executed which increased the Marco Island Executive Airport terminal building rehab~tatJon
project from $465,000 to $625,000 and the Florida Department of Transportation's share of the
project from $418,500 to $562,500. The Authority increased the projects capital budget
appropriately, but only increased the grant revenue budget to $540,000. Therefore, a budget
amendment in the amount of $22,500 is necessary to correct the grant revenue budget to reflect
the total amount of funding to be received from the Department of Transportation. Reserve for
debt service will be increased simultaneously by $22,500 to reflect the fact that the grant proceeds
are pledged to pay for debt incurred to cashflow the project expenses since the grant is received
on a reimbursement basis.
GROWTH MANAGEMENT: None.
FISCAL IMPACT: The budget amendment will increase grant revenue in Fund 496 by
$22,500 and reserve for debt service in Fund 496 by $22,500.
RECOMMENDATION: That the Board of County Commissioners approve the attached
budget amendment which will increase the following accounts:
Grant Revenue
Reserve for Debt Service
(496-192341-334492-33352) 22,500
(496-919010-992000-33352) 22,500
D;,t,: i¢.,ll /q'l
AGENOA_ ~,T~M
OCT 2 8
BUDGET AMENDMENT REQUEST
For Budget/Finance use only
Ba#
Je#
Banl
A.P.H. Date
To BCC Yes No
-Date Prepared
EXPENSE BUDGET DETAIL
Cost CenferT'~e ~E~..fV ($
'PmjectT~e ~0,¢(O Iqir.13ol~"~.,ex'Fr~,'c~.l ~vtlc[ir~r4
Expend'mm
Oblect Code I~xp~ng'iture Ti[le
Cost Center Number
Proiect Number
Increase Current Revised
(Decrease) Budcet Budaet
l~. ~00 ~qD.C/~ 5~-~. 500
Total ,~ .3, ~O~D -~0. ,3CO
REVENUE BUDGET DETAIL
Cost Center Title
Rev~nuo
Ot~e~ Cod~
Revised
Budget
55'1. ~qq.~o
./
AGENDA ZTEM I
NO · ~..~.L~_
0 CT 2 8 1997
Pg * ~..._.._ :